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03/10/2015
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, MARCH 10, 2015 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S. Davis, Chairman Bob Solari, Vice Chairman Joseph E. Flescher Peter D. O'Bryan Tim Zorc District 1 District 5 District 2 District 4 District 3 Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 9:00 A.M. Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of February 17, 2015 PAGE March 10, 2015 Page 1 of 6 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Proclamation and Retirement Award Honoring Rebecca Sweeney on Her Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Twenty -One Years of Service PAGE 1-2 B. Spoonbill Marsh Wetland — Eco Walking Tour (memorandum dated March 3, 2015) 3 8. CONSENT AGENDA A. Approval of Warrants — February 20, 2015 to February 26, 2015 (memorandum dated February 26, 2015) 4-10 B. Kota of Sarasota, Inc. v. Waste Management Inc. of Florida Class Action Lawsuit (memorandum dated February 27, 2015) 11-13 C. Request for Authorization to Submit an Application for 49 USC CH.53, Section 5311 Transit Operating Assistance Funds for FY 2015/16 (memorandum dated February 27, 2015) 14-24 D. GH Vero Beach Development LLC's Request to Re -plat a Portion of The Falls At Grand Harbor, Plat 29 to be known as Grand Harbor Plat 31 (memorandum dated February 27, 2015) 25-32 E. Work Order No. 1 with Ardaman and Associates, Inc. for Professional Geotechnical Services for 43rd Avenue and SR 60 Intersection Improvements (18th Street to 26th Street) IRC Project No. 0853 (memorandum dated February 20, 2015) 33-45 F. Release of Retainage for Bridge Design Associates, Inc., Oslo Road Phase III from 58th Avenue to 43rd Avenue, IRC Project No. 0517 (memorandum dated February 27, 2015) 46-48 G. Work Order No. 1, Masteller & Moler, Inc., 49th Street/US 1 Intersection Improvements, IRC Project No. 1412 (memorandum dated February 16, 2015) 49-56 H. Resolutions Canceling Taxes on Property Purchased for 26th Street Right - Of -Way (memorandum dated March 3, 2015) 57-69 I. Provence Bay, Request for 2 -Year Extension to Final Lift of Asphalt Contract, Developer: Centex Homes (memorandum dated March 2, 2015) March 10, 2015 70-74 Page 2 of 6 8. CONSENT AGENDA PAGE J. Work Order No. 1 with Kimley Horn and Associates for Water Distribution System Water Quality and Corrosion Coupon Investigation (memorandum dated February 24, 2015) 75-81 K. Agreement for Food Concession Services and Lease Between Indian River County and DiMichelli's Catering, Inc. (memorandum dated March 3, 2015) 82-99 L. Authorize County Administrator to Execute the Business Associate Agreement and Confidentiality Agreement Pertaining to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (memorandum dated March 9, 2015) 100-108 M. Indian River County Airboat Association, Inc. Sand Lakes Conservation Tract Lease (memorandum dated March 5, 2015) 109-117 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Sheriff Deryl Loar Florida Traffic Safety Grant Funded by the Florida Department of Transportation (letter dated February 27, 2015) 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Watermain Assessment Project within North Indian River Drive Public Hearing and the Adoption of Resolution No. III (memorandum dated February 20, 2015) 118-133 134-158 Legislative B. PUBLIC DISCUSSION ITEMS 1. Request to Speak from Mike DeGeorge, President, and Sherri Davis, Vice President, Trillium Homeowner's Association Regarding 66th Avenue Road Construction — Bids obtained for landscaping 159-168 2. Request to Speak from Dan Lamson, Indian River Neighborhood Association Regarding the Indian River Lagoon Council 169 C. PUBLIC NOTICE ITEMS None March 10, 2015 Page 3 of 6 11. COUNTY ADMINISTRATOR MATTERS PAGE None 12. DEPARTMENTAL MATTERS A. B. C. D. E. F. G. March 10, 2015 Community Development 1. Board Consideration to Terminate Contract with TSI Disaster Recovery, LLC, with Payment for Work Performed, and Alternatives for Channel Restoration at Head Island (a.k.a. Green Salt Marsh Conservation Area) (memorandum dated March 3, 2015) Emergency Services None General Services None 1. Human Services None 2. Sandridge Golf Club None 3, Recreation None Human Resources None Office of Management and Budget None Public Works None Utilities Services None 170-198 Page 4 of 6 13. COUNTY ATTORNEY MATTERS A. Quit Claim Deed for Blue Cypress Lake Stilt Houses (memorandum dated February 25, 2015) B. City of Vero Beach — Indian River Shores — Indian River County Mediation Update (memorandum dated February 27, 2015) 14. COMMISSIONERS MATTERS A. B. C. D. E. Commissioner Wesley S. Davis, Chairman None Commissioner Bob Solari, Vice Chairman None Commissioner Joseph E. Flescher None Commissioner Peter D. O'Bryan 1. Update on Enterprise Zone Reauthorization (memorandum dated March 4, 2015) PAGE 199-203 204-316 317 Commissioner Tim Zorc 1. IRLNEP Agenda Item (memorandum dated March 4, 2015) 318 2. Oslo Boat Ramp Agenda Item (memorandum dated March 4, 2015) 319 15. SPECIAL DISTRICTS AND BOARDS A. B. March 10, 2015 Emergency Services District None Solid Waste Disposal District 1. Approval of Minutes Meeting of February 17, 2015 2. Notice of Special Call Meeting for the Award of the Solid Waste and Recyclables Collection Services (RFP#2015023) (memorandum dated March 4, 2015) 320 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. March 10, 2015 Page 6 of 6 q\I PROCLAMATION HONORING REBECCA SWEENEY ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WHEREAS, Rebecca Sweeney retired from Indian River County Fire Rescue effective March 4, 2015; and WHEREAS, Rebecca Sweeney began her paramedic career on June 29, 1993, and was promoted to EMS Lieutenant on June 13, 1997. EMS and Fire consolidation occurred in October of 2005, and Rebecca was re -assigned to Advanced Life Support as a Paramedic 1, and continued in this capacity until her retirement. WHEREAS, Rebecca Sweeney has served this County and the Public with distinction and selflessness. During her twenty-one years of service, she was dedicated and her work was greatly appreciated by the employer, citizens and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Rebecca Sweeney's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last twenty-one years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in all her future endeavors! Adopted this 10`" day of March 2015. tZoR101)* BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman This is to certify that Wfdecca Sweeney is Fiere6y presented this WctirementAwarr! for outstanding performance and faithfu(ser'ice to Indian Zver County Board of County Commissioners For twenty-one years of service On this 4th day of911arcFi 2015 John King Wesley S. Davis. Director ofEmergen y Services Board of County Commissioner, Chairman INFORMATIONAL INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: March 3, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Art Pfeffer, Project Manager 14, r Subject: Spoonbill Marsh Wetland – Eco Walking Tour DESCRIPTIONS AND CONDITIONS: The Department of Utility Services will open Spoonbill Marsh Wetland for the Eco Walking tour on Saturday, March 14th from 8:00 am to 2:00 pm. The entrance to the Marsh is located at 57th street off US 1—approximately 1/2 mile north of 53rd street. The public is invited to take a guided tour and learn about the interaction of the Marsh with the Lagoon. Guests can also take a leisurely stroll along the boardwalk and walk the grounds at their own pace. We encourage everyone to bring cameras, see the birds and watch the mullet jump. Bottled water will be provided, and a portable restroom facility will be available. APPROVED FOR AGENDA: By: C'ir o L � <-' - Jose A. Baird, County Administrator For: Date C:\Users\aobertautsch\Desktop\Agenda - Eco Walking Tour Spoonbill Marsh.docx Indian River Co. Approved Date Administration br c')A Legal 1 , Z'l4 1 c. Budget 3, f" , Utilities 'iv 3 ►S Utilities -Finance ___..---- 3 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: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 26, 2015 SUBJECT: APPROVAL OF WARRANTS February 20, 2015 to February 26, 2015 In compliance with Chapter 136.06, Florida Statutes, all warrants (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 list of warrants, issued by the Comptroller's office, for the time period of February 20, 2015 to February 26, 2015. Attachment: DB: MS 4 CHECK NBR 323110 323111 323112 323113 323114 323115 323116 323117 323118 323119 323120 323121 323122 323123 323124 323125 323126 323127 323128 323129 323130 323131 323132 323133 323134 323135 323136 323137 323138 323139 323140 323141 323142 323143 323144 323145 323146 323147 323148 323149 323150 323151 323152 323153 323154 323155 323156 323157 323158 323159 323160 323161 323162 323163 323164 323165 323166 323167 CK DATE 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 CHECKS WRITTEN VENDOR AMOUNT PAUL CARONE 3,725.00 PAUL JULIN 650.00 LINDSEY GARDENS LTD 309.00 CREATIVE CHOICE HOMES XVI LTD 440.00 PINNACLE GROVE LTD 1,405.00 VERO CLUB PARTNERS LTD 1,593.00 DAVID SPARKS 388.00 INDIAN RIVER INVESTMENT REALTY INC 481.00 THE PALMS AT VERO BEACH 454.00 ED SCHLITT LC 560.00 JOHN OLIVIERA 698.00 ARTHUR PRUETT 409.00 JOSEPH LOZADA 1,212.00 LUCY B HENDRICKS 573.00 HFB OF FLORIDA LLC 613.00 EARRING POINT PROPERTIES 469.00 ANDRE DORAWA 630.00 PAULA WHIDDON 553.00 COURTYARD VILLAS OF VERO LLC 560.00 JAMES W DAVIS 288.00 NITA EZELL 480.00 LINDSEY GARDENS 11 LTD 520.00 MISS INC OF THE TREASUE COAST 2,358.00 DANIEL CORY MARTIN 1,979.00 CRAIG LOPES 377.00 PAULA ROGERS & ASSOCIATES INC 650.00 FIVE STAR PROPERTY HOLDING LLC 797.00 WILLIAM LEE 1,264.00 MARK BAER 24,884.00 33 MILES EAST INVESTMENTS LLC 567.00 FRESH START HOUSING LLC 948.00 SABEL CHASE 478.00 ROBERTS J GORMAN 424.00 JUAN CHAVES 700.00 REID REALTY 478.00 THE COMMUNITY CHURCH OF VERO BEACH FLORID/ 464.00 MELISSA CAMARATA 581.00 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 623.00 JOHNATHON KNOWLES 634.00 INDIANTOWN NON-PROFIT HOUSING INC 1,062.00 PORT CONSOLIDATED INC 1,728.36 JORDAN MOWER INC 106.29 VERO CHEMICAL DISTRIBUTORS INC 108.60 VELDE FORD INC 121.46 AT&T WIRELESS 866.12 DATA FLOW SYSTEMS INC 4,168.00 PARALEE COMPANY INC 2,757.50 DELTA SUPPLY CO 330.45 KELLY TRACTOR CO 415.78 GENES AUTO GLASS INC 260.00 REPUBLIC SERVICES OF FLORIDA 526,926.17 JACOBS GROUP INC 589.07 AMERIGAS EAGLE PROPANE LP 93.00 AMERIGAS EAGLE PROPANE LP 132.14 AMERIGAS EAGLE PROPANE LP 1,130.96 AMERIGAS EAGLE PROPANE LP 1,584.66 AMERIGAS EAGLE PROPANE LP 1,921.05 AMERIGAS EAGLE PROPANE LP 1,953.48 1 CHECK NBR 323168 323169 323170 323171 323172 323173 323174 323175 323176 323177 323178 323179 323180 323181 323182 323183 323184 323185 323186 323187 323188 323189 323190 323191 323192 323193 323194 323195 323196 323197 323198 323199 323200 323201 323202 323203 323204 323205 323206 323207 323208 323209 323210 323211 323212 323213 323214 323215 323216 323217 323218 323219 323220 323221 323222 323223 323224 323225 323226 323227 CK DATE VENDOR 2/26/2015 HACH CO 2/26/2015 KSM ENGINEERING & TESTING INC 2/26/2015 HD SUPPLY WATERWORKS. LTD 2/26/2015 PETES CONCRETE 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 ECOTECH CONSULTANTS INC EGP INC VERO INDUSTRIAL SUPPLY INC EXPRESS REEL GRINDING INC FLORIDA VETERINARY LEAGUE CHILDCARE RESOURCES OF IRC INC DELL MARKETING LP GOLF SPECIALTIES INC GENERAL PART INC BAKER & TAYLOR INC MIDWEST TAPE LLC K & M ELECTRIC SUPPLY MELODY MUSIC PALM TRUCK CENTERS INC GREENE INVESTMENT PARTNERSHIP LTD CREATIVE CHOICE HOMES XVI LTD PST SERVICES INC PARKS AND SON INC INDIAN RIVER COUNTY HEALTH DEPT MEDICAL EXAMINERS OFFICE VICTIM ASSISTANCE PROGRAM ROGER J NICOSIA CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH LANDIA INC ILLINOIS STATE DISBURSEMENT UNIT CHAPTER 13 TRUSTEE UNITED WAY OF INDIAN RIVER COUNTY INDIAN RIVER ALL FAB INC NAN MCKAY AND ASSOCIATES INC JANITORIAL DEPOT OF AMERICA INC PERCONTI DATA SYSTEMS INC ACUSHNET COMPANY INTERNATIONAL GOLF MAINTENANCE INC GEOSYNTEC CONSULTANTS INC DON LAWLESS UNITED BLOWER INC CALLAWAY GOLF SALES COMPANY SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT STATE ATTORNEY HOLDEN KRISS CATHOLIC CHARITIES DIOCESE OF PALM BCH BLUE SHIELD FLORIDA FEDERAL FLORIDA DEPT OF ENVIRONMENTAL PROTECTION FLORIDA DEPT OF ENVIRONMENTAL PROTECTION TREASURE COAST SPORTS COMMISSION INC TRICARE IRC HEALTHY START COALITION INC CHANNING BETE CO INC CENTRAL FLORIDA PRIMA GERALD A YOUNG SR GREY HOUSE PUBLISHING ALAN C KAUFFMANN CIGNA AMOUNT 1,092.09 1,435.00 21,256.92 3,200.00 15,000.00 146.81 607.80 2,000.00 425.19 19,368.88 1,539.42 1,250.00 1,010.54 3,940.10 100.93 106.47 299.99 173.72 3,306.25 500.00 28,546.47 3,746.10 44,543.41 24,888.58 5,568.58 1,500.00 22,842.89 2,052.23 11,662.50 210.00 142.32 478.38 716.94 694.07 224.00 150.58 5,000.00 4,984.76 85,581.00 5,330.23 60.00 313.00 1,705.26 440.00 45,758.68 8,115.24 75.00 2,166.67 91.92 619.00 75.00 5,922.28 451.11 416.66 60.00 25.00 90.00 3,249.00 160.00 91.64 CHECK NBR 323228 323229 323230 323231 323232 323233 323234 323235 323236 323237 323238 323239 323240 323241 323242 323243 323244 323245 323246 323247 323248 323249 323250 323251 323252 323253 323254 323255 323256 323257 323258 323259 323260 323261 323262 323263 323264 323265 323266 323267 323268 323269 323270 323271 323272 323273 323274 323275 323276 323277 323278 323279 323280 323281 323282 323283 323284 323285 323286 323287 CK DATE 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 VENDOR AMOUNT G K ENVIRONMENTAL INC 9,040.00 CHILDRENS HOME SOCIETY OF FL 2,000.00 BLUE CROSS BLUE SHIELD 2,259.97 AIRGAS CARBONIC INC 2,845.73 NABORS GIBLIN & NICKERSON PA 5,593.56 DONADIO AND ASSOCIATES ARCHITECTS 700.00 HAYTH,HAYTH & LANDAU 125.00 JAMES HARGREAVES 75.00 KIMBERLA ROBERTS 10.00 SIMMONS CONSTRUCTION & DEVELOPMENT INC 500.00 BOYLE & DRAKE INC 400.00 VAN WAL INC 100.00 MUTUAL OF OMAHA 16,273.08 JOSEPH W VASQUEZ 100.00 FLORIDA RURAL LEGAL SERVICES INC 2,333.07 ALAN HILL 465.01 JOHNS EASTERN COMPANY INC 6,885.65 NEXTEL SOUTH CORP 132.36 ADMIN FOR CHILD SUPPORT ENFORCEMENT 219.57 ADMIN FOR CHILD SUPPORT ENFORCEMENT 222.55 ADMIN FOR CHILD SUPPORT ENFORCEMENT 124.18 JOSE RIVERA 60.00 GLEN AND DOROTHY STRUNK 358.04 KEN CHATAM 100.00 KENNY CAMPBELL JR 60.00 QUEVEDO, PEDRO & ROCIO 94.36 PAK MAIL 50.62 ASENATH DA GRACA 192.23 HF GROUP LLC 1,949.43 JOHNNY B SMITH 140.00 CHARLES A WALKER 120.00 JACE CHANDLER & ASSOCIATES INC 390.00 INDIAN RIVER RDA LP 165.00 FRANKEL, BARRY & ROCHELLE 6.17 OSLO TRADE CENTER ASSN INC 2,000.00 TREASURE COAST FOOD BANK INC 197.01 NICOLACE MARKETING INC 455.76 SHAMEKA TAKEYLA SNIPES 192.24 DENI MALAVE 432.49 FLORIDA MEDICAID 136.00 CHRISTOPHER NEVILLE 108.06 INEOS NEW PLANET BIOENERGY LLC 31,923.68 WOERNER DEVELOPMENT INC 86.50 ANTHONY GIOVINAZZO 18.13 HERITAGE CRYSTAL CLEAN INC 27.50 SAFETY SCHELL CORPORATION 195.00 DELRAY MOTORS 131.38 JOSEPH CATALANO 60.00 RAYMOND J DUCHEMIN 140.00 GFA INTERNATIONAL INC 2,095.61 PAULA ROGERS & ASSOCIATES INC 500.00 FREEDOM HEALTH 449.46 MILLIKEN FORESTRY COMPANY INC 1,000.00 TIM ZORC 96.45 AMERICAN MESSAGING SERVICES LLC 7.17 LOWES HOME CENTERS INC 1,074.70 LABOR READY SOUTHEAST INC 6,383.52 ALEX MIKLO 40.00 BURNETT LIME CO INC 9,718.80 WALTER W. WILT 191.02 3 CHECK NBR 323288 323289 323290 323291 323292 323293 323294 323295 323296 323297 323298 323299 323300 323301 323302 323303 323304 323305 323306 323307 323308 323309 323310 323311 323312 323313 323314 323315 323316 323317 323318 323319 323320 323321 323322 323323 323324 Grand Total: CK DATE VENDOR 2/26/2015 COURSE TRENDS INC 2/26/2015 WADE WILSON 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 FAMILY SUPPORT REGISTRY FLORIDA DESIGN DRILLING CORP KESSLER CONSULTING INC JEFF PASSARETTI AXIS DATA SOLUTIONS INC INTERCON SOLUTIONS INC ANDREW D. FLEISHER, ESQ INTEGRITY LAWNS LLC VAL APTS LLC SKECHERS USA INC RONALD NICHELSON MINDY RENNARD, ESQ. GIVING KIDZ A CHANCE INC FEDERAL CONTRACTS CORP ODBS ENTERPRISES LLC UTILITY COMPLIANCE INC HAWKINS INC MIECZYSLAW LOSIOWSKI JUAN CAMILO BRAD DAMIANI BROCK RICHARDSON PATRICIA S STRANDELL RONALD E WILLIAMS JR CENTENNIAL HOLDINGS- TREASURE COAST LLC HEATHER NEVILLE TREASURE COAST COMMUNITY HEALTH INC SANDRA A JONES ERIKA MANNING KENNETH RANDOLFI MAURICE NELSON JENNIFER ODWYER PRESTIGE HEALTH CHOICE KATHLEEN SCHOWMEYER CHERYL D TILLIS DORIS DEROSIA AMOUNT 300.00 60.00 9.66 14,900.75 4,983.00 60.00 2,469.04 11,746.65 150.00 1,750.00 500.00 47.98 40.00 319.82 833.33 8,292.29 2,625.00 2,500.02 894.00 500.00 60.00 3,912.55 300.00 396.98 235.44 2,944.83 108.06 14,517.59 110.80 354.05 971.67 100.00 45.00 183.43 95.65 614.00 92.07 1,186,754.42 4 TRANS. NBR 1005946 1005947 1005948 1005949 1005950 1005951 1005952 1005953 1005954 1005955 1005956 1005957 1005958 1005959 1005960 1005961 1005962 1005963 1005964 1005965 1005966 1005967 1005968 1005969 1005970 1005971 1005972 1005973 1005974 1005975 1005976 1005977 1005978 1005979 1005980 1005981 1005982 1005983 1005984 1005985 1005986 1005987 1005988 1005989 1005990 1005991 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 2/24/2015 2/24/2015 2/24/20I 5 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/24/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 2/26/2015 VENDOR EVERGLADES FARM EQUIPMENT CO INC CONTECH ENGINEERED SOLUTIONS LLC COPYCO INC SAFETY PRODUCTS INC DAVIDSON TITLES INC RELIABLE SEPTIC AND SERVICE ALLIED UNIVERSAL CORP THE EXPEDITER GROVE WELDERS INC SOUTHERN COMPUTER WAREHOUSE FERGUSON ENTERPRISES INC ROGER CLEVELAND GOLF INC DUNKELBERGER ENGINEERING & TESTING SHRIEVE CHEMICAL CO MIDWEST MOTOR SUPPLY CO SYNAGRO-WWT INC SOUTHERN JANITOR SUPPLY INC CAPITAL OFFICE PRODUCTS AUTO PARTNERS LLC S & S AUTO PARTS PACE ANALYTICAL SERVICES INC IMAGENET CONSULTING LLC ADRON FENCE COMPANY INC NORTH SOUTH SUPPLY INC UNIVERSAL SIGNS & ACCESSORIES SAFETY PRODUCTS INC COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC MIKES GARAGE & WRECKER SERVICE INC TEAM EQUIPMENT INC MEEKS PLUMBING INC NEWMANS POWER SYSTEMS ARAMARK UNIFORM & CAREER APPAREL LLC FIRST HOSPITAL LABORATORIES INC COMO OIL COMPANY OF FLORIDA COMPLETE ELECTRIC INC SOUTHERN PLUMBING INC ECONOLITE CONTROL PRODUCTS INC RECHTIEN INTERNATIONAL TRUCKS SOUTHERN JANITOR SUPPLY INC CAPITAL OFFICE PRODUCTS METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC ENVIRONMENTAL CONSERVATION LABORATORIES S & S AUTO PARTS AMOUNT 210.38 855.21 33.80 420.45 1,326.13 45.00 7,848.27 122.78 200.07 185.43 15,825.88 1,444.80 2,535.00 6,003.62 311.00 32,075.81 185.57 363.10 36.12 537.25 102.00 180.20 1,806.00 47.40 19,570.00 548.03 289.89 164.45 3,571.25 105.00 634.50 560.50 309.15 1,434.33 612.00 69.14 578.60 40.00 638.00 228.74 1,048.28 467.27 70.00 694.56 IN 15,162.00 658.22 120,155.18 1 TRANS NBR 3442 3443 3444 3445 3446 3447 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 2/20/2015 2/20/2015 2/20/2015 2/24/2015 2/24/2015 2/25/2015 VENDOR AMOUNT CDM SMITH INC 2,169.70 KIMLEY HORN & ASSOC INC 37,055.40 I R C HEALTH INSURANCE - TRUST 54,956.20 ARKAYACQUISITION LLC 807,324.00 INDIAN RIVER COUNTY SHERIFF 136,930.48 INDIAN RIVER COUNTY PROPERTY APPRAISER 236,791.64 1,275,227.42 1 Consent Agenda - B.C.C. 3.10.15 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: Dylan Reingold, County Attorney DATE: February 27, 2015 SUBJECT: Kota of Sarasota, Inc. v. Waste Management Inc. of Florida Class Action Lawsuit BACKGROUND. Between 2005 and 2008, the County donated $20,000 per year to World Changers' neighborhood clean-up and minor repair projects. The County had paid for supplies such as paint, portables and dumpsters. Recently, World Changers, through Diane Pickhardt, received several notices concerning a proposed class action settlement in a lawsuit titled Kota of Sarasota, Inc. v. Waste Management Inc. of Florida. This class action lawsuit was filed against Waste Management Inc. of Florida (WMF) alleging that WMF engaged in improper pricing of contracting practices. A settlement of that lawsuit has been reached. Parties that had written contracts with WMF between June 1, 2008 and December 31, 2013 may be entitled to compensation. Under the proposed settlement, WMF will establish a settlement fund of $2,750,000, with each class member being entitled to participate in a monetary recovery from the settlement fund without establishing any injury or harm. Each class member will receive a payment from the settlement fund for each location where it received service from WMF. Each class member will receive the same payment amount multiplied by the number of locations where it received service. The settlement notice was sent to World Changers, attention Diane Pickhardt, as Ms. Pickhardt was the County's contact person with World Changers. The Indian River County Board of County Commissioners ("Board") has three options. The first is to participate in the settlement and receive a payment, if entitled, and if the settlement is approved by the circuit court. The second alternative is to vote to be excluded from the settlement. In order to be excluded, a party must submit notice by March 30, 2015. Finally, the Board could vote to object to the settlement. The objection would need to be filed by March 30, 2015. In order to receive any benefit under the settlement, a party must release any claims that it may have against WMF with respect to this lawsuit. Approved for March 10, 2015 BCC Meeting Consent Agenda "COUNTY ATTORNEY F: A'tomry linda,GEVERAL13 C CAgendo Memos If'orld Changers Wave .ilanagemenr Class Aciion Lawsuit. doc 11 Indian River Co. ApprovedDate Admin. ik ,3 5 Co. Atty. , C Budget 3 j5 DepartmentK' Zit ) 7/ Risk Management --- 11 Board of County Commissioners February 27, 2015 Page Two FUNDING. There is no funding associated with this item if the Board decides to accept the settlement. RECOMMENDATION. The County Attorney's Office recommends that the Board of County Commissioners vote to participate in the settlement, if eligible. ATTACHMENT(S). Notice of Proposed Class Action Settlement A. Ammer Limla GENERAL A C CAgenda Memos World Changers Waste Managemem Class Actiodoc 12 WMF Settlement Administrator P.O. Box 4178 Portland, OR 97208-4178 PRESORTED FIRST-CLASS MAIL AUTO U.S POSTAGE ' PAID PORTLAND, OR PERMIT NO. 2882 Legal Notice about a Class Action Settlement. IIIIIIIII 11 1111 847903253908 IIIIIIIIIi WORLD CHANGERS DIANE PICKHARDT ATTN DIANE PICKHARD 1801 27TH ST VERO BEACH, FL 32960-3388 II"IIIIuuIrllrrllllrl'II"II'll'IIIIIII'lllllIiuIiI1111'I'I'III 34 8716 t,taat Nvirc.c L.rktt_N na In the Circuit Court of the Twelfth Judicial Circuit in and For Sarasota County, Florida Kota of Sarasota, Inc. v. Waste Management Inc. of Florida NOTICE OF PROPOSED CLASS ACTION SETTLEMENT YOUR LEGAL RIGHTS MIGHT BE AFFECTED BY THIS SETTLEMENT PLEASE READ CAREFULLY If you entered into a written contract with Waste Management Inc. of Florida or its affiliates (collectively "WMF) for commercial waste and/or ncycling services in the State of Florida, you may be entitled to participate in a Class Action Settlement and receive payment. The class action lawsuit was filed against WMF alleging that it had engaged in improper pricing or contracting practices, including but not limited to, (he methods of establishing prices for fuel fees and environmental charges for its commercial customers. A settlement of this lawsuit has heen reached. Under the proposed settlement, y011 may be entitled 10 payment if you entered into a written contract with WMF and received services between June 1, 2008 and December 3 I , 2013. Excluded from the class are individual residential customers and franchised customers (i.e. customers that are directly subject to a franchise agreement or other exclusive waste collection relationship that WMF may have with a local municipality or government entity that governs WMF's contractual pricing relationship with the customer). If you are a member of the Settlement Class, you do not need to take any action to protect your right to participate in the Settlement or to receive payment if the Class Action Settlement is approved by the Court. If you remain in the Settlement Class, you will release any claims you may have against WMF. If you wish to exclude yourself from the settlement, you must provide notice by March 30, 2015. In order to complete your exclusion request online at the case website below, please use the following PIN: 82555. To object to the settlement you must file a written objection by March 30, 2015, and you may (but are not required to) appear through counsel if you wish to do so. Under the proposed settlement, Class Counsel will be seeking an award of attorneys' fees, reimbursement of litigation expenses and an incentive award to the Class Representative. You can learn more about the case and the Settlement, including the procedures to exclude yourself from the Class Action Settlement Or to object thereto, at www.WNIFSettlement.com or by calling the settlement administrator at (877) 483-2829. www.WMFSettlement:com • 1-877-483-2829 13 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, '1IC ; Community Development Director Phil Matson, AICP; MPO Staff Directo Brian Freeman, AICP; Senior Transportation Planner ID p February 27, 2015 Request for Authorization to Submit an Application for 49 USC CH. 53, Section 5311 Transit Operating Assistance Funds for FY 2015/16 It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 10, 2015. DESCRIPTION & CONDITIONS For the past several years, the County has applied for and received transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas (Section 5311) funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine Route #10) and demand -response service (Community Coach), both of which are operated by the Senior Resource Association (SRA). For FY 2015/16, $65,214 in Section 5311 funds is allocated to the county. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $32,607 from the state Public Transportation Block Grant and $32,607 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. To apply for Section 5311 funds, the Board of County Commissioners F:\Community Development \Users\MPO\Transit\Grants\531 1\1516\bcc staff report application.docx 1 14 must adopt the attached resolution (Attachment #1), authorizing staff to submit the attached grant application to FDOT. A copy of the grant application is attached to this staff report (Attachment #2). ANALYSIS For FY 2015/16, the SRA has requested that the County apply for federal Section 5311 funds on the SRA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Community Coach fixed route and demand response services in rural areas of Indian River County. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2035 Long Range Transportation Plan. The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Areas) grant program. As indicated in the attached grant application, the total proposed budget amount is $130,428. Of that amount, the federal portion is $65,214. The match will consist of $32,607 in state Public Transportation Block Grant funds and $32,607 in local funds. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. FUNDING Funding in the amount of $32,607 is budgeted and available in the General Fund / Community Transportation Coordinator account. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 2015/16 Section 5311 grant application. ATTACHMENTS 1. Authorizing Resolution for the Submission of a Section 5311 (Formula Grants for Rural Areas) application for FY 2015/16 2. Section 5311 Grant Application for FY 2015/16 3. Grant Budget Form APPROVED AGENDA ITEM: FOR: `1) -4 (0 , 1.5 BY: Indian River Co, Approved Date Admin. k 3)./J Legal li 2 ' �� Budget 3 1 5 Dept. y z%/jam Risk Mgr. (% F:\Community Development\Users\MPO\Transit\Grants\5311\1516\bcc staff report application.docx 2 15 RESOLUTION NO. 2015 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE SUBMISSION OF A FY 2015/16 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5311 PUBLIC TRANSIT OPERATING ASSISTANCE. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or Moving Ahead for Progress in the 21st Century (MAP -21) Act of 2012; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Indian River County — Senior Resource Association; and WHEREAS, Indian River County is eligible to receive Formula Grants for Rural Areas funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Community Development Director is authorized to file applications on behalf of Indian River County with the Florida Department of Transportation for public transit operating assistance as specified in the County's FY 2015/16 grant application under 49 USC Chapter 53, Section 5311. 2. That the Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Section 5311 grant application. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice -Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc P'\Community Development \Users\MPO\Transit\Grants\531 I\1516\application resolution.docx Page 1 of 2 r,..i�1 1 16 RESOLUTION NO. 2015 - The Chairperson thereupon declared the resolution duly passed and adopted this 10th day of March , 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Wesley S. Davis, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 10th day of March , 2015. APPROVED AS TO LEGAL SUFFICIENCY BY: IN„Dylan Ringo D' County Attorney Notary Public SEAL: APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Stan Boling, ACIP, Director Community Development Department F:\Community Development\Users\MPO\Transit\Grants\531 1\1516\application resolution.docx Page 2 of 2 17 OMB Number: 4040-0004 Expiration Date: 8/31/2016 Application for Federal Assistance SF -424 * 1. Type of Submission: Preapplication Application ' 2. Type New Continuation Revision of Application: ' If Revision, select appropriate letter(s): Application ' Other (Specify): Changed/Corrected * 3. Date Received: 4. Applicant Identifier: 03/15/2015 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by 7. State Application Identifier: State: 8. APPLICANT INFORMATION: * a. Legal Name. Indian River County * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. Organizational DUNS: 59-6000674 d. Address: ` Street/: Street2: * City: County/Parish: *State: Province: `Country: * Zip / Postal Code: 1801 27th Street Vero Beach Indian River FL: Florida USA: UNITED STATES e. Organizational Unit: Department Name: Division Name: Community Development Dept. Metropolitan Planning Org. f. Name and contact information of person to be contacted on matters involving this application: Prefix: ` First Name: Brian Middle Name: * Last Name: Freeman Suffix: Title: Senior Planner Organizational Affiliation: ' Telephone Number: 772-226-1990 Fax Number: 'Email: bfreeman@ircgov.com i*`t It vl' Vii.+L { 2 18 Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: B: County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: Federal Transit Administration 11. Catalog of Federal Domestic Assistance Number: 20-509 CFDA Title: Section 5311 * 12. Funding Opportunity Number: NA * Title: Formula Grants for Rural Areas 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment Deiete Attacittment V'ew A.ttattrnent * 15. Descriptive Title of Applicant's Project: Public Transportation Service in Rural Areas of Indian River County Attach supporting documents as specified in agency instructions. Add Attachments [� _ . 1 . c. ,, ::t t. 19 Application for Federal Assistance SF-424 16. Congressional ' a. Applicant Districts Of: FL-8 * b. Program/Project FL-8 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment .Ucletr2 fvttacrouent Vir,v. Attachmer; 17. Proposed * a. Start Date: Project: 01/01/2016 * b. End Date: 12/31/2016 18. Estimated Funding ($): * a. Federal * b. Applicant ' c. State * d. Local ' e. Other " f. Program Income *g. TOTAL 65,214.00 65,214.00 130,428.00 * 19. Is Application a. This application b. Program Subject to Review By State Under Executive Order 12372 Process? was made available to the State under the Executive Order 12372 Process for review on is subject to E.O. 12372 but has not been selected by the State for review. is not covered by E.O. 12372. ►� c. Program * 20. Is the Applicant Yes If "Yes", provide Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) No explanation and attach ",,io Atta,.t'imenl Delete Att:ic"ment View 4t.tachrrent 21. *By signing herein are true, comply with any subject me to this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency ** I AGREE ** The list of certifications specific instructions. Authorized Representative: Prefix: Middle Name: * Last Name: Suffix: * First Name: Stan Boling *Title: community Development Director ' Telephone Number: 772-226-1253 Fax Number: * Email: sboling@ircgov. corn * Signature of Authorized Representative: ' Date Signed: 20 EXHIBIT A-1 FACT SHEET The data below is for GoLine Route #10 (fixed route), which serves the rural Fellsmere community. At the North County Transit Hub, Route #10 passengers are able to connect with three other GoLine routes, which provide service to destinations in the communities of Sebastian and Vero Beach. • Estimates are acceptable. 21 CURRENTLY IF GRANT IS AWARDED 1. Number of one-way passenger trips. PER YEAR 91,000 91,000 2. Number of individuals served unduplicated (first ride per rider per fiscal year). PER YEAR NA NA 3. Number of vehicles used for this service. ACTUAL 1 1 4. Number of ambulatory seats. AVERAGE PER VEHICLE (Total ambulatory seats divided by total number of fleet vehicles) 24 24 5. Number of wheelchair positions. AVERAGE PER VEHICLE (Total wheelchair positions divided by total number of fleet vehicles) 2 2 6. Vehicle Miles traveled. PER YEAR 70,000 70,000 7. Average vehicle miles PER DAY 269 (weekdays) 124 (Saturdays) 269 (weekdays) 124 (Saturdays) 8. Normal vehicle hours in operation. PER DAY 13 (weekdays) 6 (Saturdays) 13 (weekdays) 6 (Saturdays) 9. Normal number of days in operation. PER WEEK 6 6 10. Trip length (roundtrip). AVERAGE 11.2 miles 11.2 miles • Estimates are acceptable. 21 PART B APPLIES TO ALL APPLICANTS FOR OPERATING ASSISTANCE FORM B-1 Transportation -related Operating and Administrative Expenses Name of Applicant: Indian River County Fiscal period from July 1, 2015 to June 30, 2016 Expense Category Total Expense FTA Eligible Expense Labor (501) 1,729,678 $ 69,168 Fringe and Benefits (502) 414,936 $ 16,593 Services (503) 108,898 $ 4,355 Materials and Supplies (504) 648,349 $ 25,927 Vehicle Maintenance (504.01) 240,000 $ 9,597 Utilities (505) 44,179 $ 1,767 Insurance (506) 286,770 $ - License and Taxes (507) 656 $ 26 irchased Transit Service (508) 5,000 $ - 9Giscellaneous (509) 65,128 $ 2,604 Leases and Rentals (512) 9,794 $ 392 Depreciation (513) $ - Total Expenses 3,553,388 130,428 1 (a) Section 5311 Grant Request Total FTA Eligible Expenses (from Form B-1, above) Rural Passenger Fares (from Form B-2) Operating Deficit Eligible Expenses (a) minus Rural Passenger Fares (b)] Section 5311 Request more then 50% of Operating Deficit) Grand Total Revenues (from Form B-2) [FTA (No $ 130,428 (a) - (b) $ 130,428 (c) $ 65,214 (d) $ 65,214 (e) Note: If Grand Total Revenues (e) exceeds FTA Eligible Expenses (a), reduce Section 5311 request (d) by that Amount. 22 PART B APPLIES TO ALL APPLICANTS FOR OPERATING ASSISTANCE FORM B-2 Transportation -related Operating and Administrative Revenues Name of Applicant: Indian River County Fiscal period from July 1, 2015 to June 30, 2016 Operating Revenue Category Total Revenue Revenue Used As FTA Match Passenger Fares For Transit Services (401) Total = Rural = (b) Special Transit Fares (402)- - School Bus Service Revenues (403) - - Freight tariffs (404) - - Charter Service Revenues (405) - - Auxiliary Transportation Revenues (406) Non -Transportation Revenues (407) - - a.. Total Operating Revenue $ - $ - Other Revenue Category Taxes Levied Directly by Transit System (408) - Local Cash Grants and Reimbursements (409) 621,301 32,607.00 Local Special Fare Assistance (410) - State Cash Grants and Reimbursements (411) 1,197,722 32,607.00 State Special Fare Assistance (412) - Federal Cash Grants and Reimbursements (413) 1,681,965 Interest Income (414) - Contributed Services (430) - Contributed Cash (431) - Subsidy from Other Sectors of Operations (440) 52,400 Total of Other Revenue $ 3,553,388 $ 65,214 Grand Total All Revenue $ 3,553,388 $ 65,214 (e) 23 GRANT NAME-;: 49 USC Ch. 53, Section 5311 (Formula Grants for Rural Areas) GRANT 4: ARQ46 AMOUNT OF GRANT: $65.214 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) low CONTACT PERSON: Brian Freeman PHONE 4: (772) 226-1990 1. How long is the grant for? Twelve Months Starting Date: January 1, 2016 2. Does the grant require you to fund this function after the grant is over? Yes X No Does the grant require a match? If yes, does the grant allow the match to be In Kind Services? 4. Percentage of grant to match: 50 5. Grant match amount required: $ 32.607 X Yes No Yes No 6. Where are the matching funds corning from (i.e. In Kind Services, Reserve for Contingency? Match consists of $32.607 in County funds already budgeted for public transportation and $32,607 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $130,428 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits. capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $32,607 Signature of Preparer: - Date: 3. 1- tai d tL 0t1L14 24 Grant Amount Other Matching Costs Match Total First Year $65,214 $ $32,607 in local funds & $32,607 in FDOT grants $130,428 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: - Date: 3. 1- tai d tL 0t1L14 24 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT AGENDA TO: THROUGH: FROM: DATE: SUBJECT: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AX Community Development Director W tAk John W. McCoy, AICP; Chief, Current Development CP. Ryan Sweeney; Senior Planner, Current Development February 27, 2015 GH Vero Beach Development LLC's Request to Re -plat a Portion of The Falls at Grand Harbor, Plat 29 to be known as Grand Harbor Plat 31 [2001110069- 73438 / PD- 14-01-01] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 10, 2015. DESCRIPTION & CONDITIONS: Grand Harbor Plat 31 is a re -plat of a portion of The Falls at Grand Harbor, Plat 29. Located between Indian River Blvd and U.S. Highway 1, north of 47th Street, the proposed re -plat includes lots 37 through 63B. On February 13, 2014, the Planning and Zoning Commission approved the preliminary PD plan/plat for Grand Harbor Plat 31. Once adopted and recorded, Grand Harbor Plat 31 will adjust certain lot lines and increase the total number of single-family lots by 1 (from 27 to 28 single-family lots). The final plat conforms to the approved preliminary PD plan/plat for The Falls at Grand Harbor. The applicant obtained all necessary construction permits for the re -plat work, completed construction of required subdivision improvements, and has now submitted a final plat in conformance with the approved preliminary PD plan/plat. The Board of County Commissioners is now to consider granting final plat approval for Grand Harbor Plat 31. ANALYSIS: All of the required improvements for Grand Harbor Plat 31 have been completed and inspected. A certificate of completion was issued by Public Works on January 27, 2015. All improvements (stormwater tracts, landscape easements, roadways) will be private, with the exception of certain utility facilities, which have been dedicated to and guaranteed to Indian River County as required by the Utility Services Department. All requirements of final plat approval have been satisfied. F:\Community Development\CurDev\Final Plats\BCC staff reports\2015 \GrandHarborPlat3 I .docx 25 RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Grand Harbor Plat 31. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout APPROVED AGENDA ITEM: Indian River Co, App • ed Date Admin. ,' .3) Si/.5 Legal g jt 7_ 3- I.S Budget ( ,;� 3f4 Dept. � is - I fir Risk Mgr. Risk F:\Community Development\CurDev\Final Plats\BCC staff reports \2015\GrandHarborPlat31.docx 2 26 INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION Please indicate the type of application being submitted: Conceptual PD Special Exception: Concurrent Conceptual PD Special Exception & Preliminary PD: Preliminary Planned Development: Final Planned Development: Note; For a PD rezoning please use the appropriate rezoning application. PROJECT NAME: Grand Harbor Plat 31 X Plan Number: PD- 14-01-01 Project#: 2001110069 PROPERTY OWNER: (PLEASE PRINT) APPLICANT (PLEASE PRINT) GH Vero Beach Development, LLC Masteller, Moler & Taylor, Inc NAME NAME 4755 South Harbor Drive 1655 27th Street, Suite #2 ADDRESS ADDRESS Vero Beach, Florida 32967 CITY, STATE, ZIP (772) 794-7827 PHONE NUMBER ccleary@bayswaterbrokeragef1.com EMAIL ADDRESS Christopher J. Cleary CONTACT PERSON PROJECT ENGINEER: (PLEASE PRINT) Masteller & Moler, Inc. NAME 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 567-5300 PHONE NUMBER semoler@bellsouth.net EMAIL ADDRESS Stephen E. Moler, CONTACT PERSON SIGNA Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 564-8050 PHONE NUMBER dt5243@bellsouth.net EMAIL ADDRESS David M. Taylor CONTACT PERSON AGENT (PLEASE PRINT) Masteller, Moler & Taylor, Inc. NAME 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 564-8050 PHONE NUMBER dt5243@bellsouth.net EMAIL ADDRESS David M. Taylor, PSM, CFM CONTACT PERSON OF OWNER OR AGENT F:\Community Dcvclopmcnt\Users\CurDev\Applications\PDAPP.doc Revi�p January 2011 ATTACHMENT 1 Page 1 of 3 TAX PARCEL ID #(s) OF SUBJECT PROPERTY; Lots 37-63: 32392300026000000037.0 thru 32392300026000000037.0 Part of Tract G: 32392300026000000000.2 PROPERTY CLASSIFICATION(S); Land Use Designation Zoning District Acreage M-1 RM -8 (PD) 12.95 TOTAL PROJECT ACREAGE: 12.95 EXISTINGSITEUSE(S): Multi -family & single-family residential PROPOSED SITE USE(S) AND INTENSITY (e.g. # of units, square feet by use): Replat of existing lots 37 through 63 to convert 13 single-family lots (4' side yard setbacks) and 14 duplex lots (01/4' side yard setbacks) to 28 single-family lots with 0'/10' side yard setbacks. Lots range 7,690-13,910 sf ** PLEASE COMPLETE THE SUBMITTAL CHECKLIST ** The following items must be attached to the application: X If the applicant is other than the owner(s), a swom statement of authorization from the owner; on file Two deeds and a verified statement naming every individual having legal or equitable ownership in the property; If owned by a corporation, provide the names and address of each stockholder owning more than 10% of the value of outstanding corporation shares; on file Two copies of the owner's recorded warranty deed; X A check, money order or cash made payable to "Indian River County": Planned Development Request - Conceptual PD Special Exception less than 20 acres 20-40 acres over 40 acres Preliminary PD Plan less than 20 acres 20-40 acres over 40 acres Final PD Plans $ 2075.00 2475.00 2575.00 $ 1150.00 1250.00 1300.00 $ 1400.00 + 100.00 for each additional 25 acres over 40 acres + 50.00 for each additional 25 acres over 40 acres For concurrent application fees combine the appropriate fees and subtract $400.00. F:\Connnunity Development\Users\CurDev\Applications\PDAPP.doc Revi January 2011 ATTACHMEPT Page 2 of 3 X N/A Ten sets of complete Conceptual, Preliminary or Final PD (final plat plans must be signed and sealed by surveyor). Plans as per Chapter 915, pursuant to the type of approval being requested. Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum Iot width and size, street frontage requirements, setbacks, etc.), shall be clearly indicated by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sheet. N/A 2 Aerials for conceptual or preliminary PDs N/A Itemized response to pre -application for conceptual or concurrent applications X 2 sealed surveys N/A 3 sets of floor plans and elevation for commercial or multi -family buildings on file Written Statement and Photograph of Posted Sign For Final Plat's only CONSTRUCTION COMPLETE - BUILT OUT: (A) Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC: (B) Original Engineer's Certified Cost for Improvements (Signed and Sealed) OR X CONSTRUCTION INCOMPLETE - BONDING OUT: (A) Original Engineer's Certified Cost Estimate for Improvements (Signed and Sealed) Engineer's statement that certificate of completion will be obtained prior to approval X COPIES OF DOCUMENTS TO BE RECORDED WITH THE FINAL PLAT: previously recorded with The Falls at Grand Harbor Plat 29 a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None (ORB 1922, Pg. 2473) b. Property Owner's Association Articles of Incorporation or Statement Indicating Why Recording of POA is Not Required (ORB 1922, Pg. 2560) FACommunity Development\Users\ CurDev\Applications\PDAPP.doc Revised Janu 2011 ATTACHMENT Page 3 of 3 r:r,r1 I i I 1, y / ( i 3 ..::1 I 1 i r .} i I _, i It ___.....,.....--- ,...,‘ \ ..-- " / I )),6: - ,...1 I ,—,..---- re 0 8 o i; --1 I 1, \ ' - .`; - ( ...„ ,.. r-,.... i if ‘k ,' ' 4.... ,-/ ( 0 /-,,...t; --, r '' f . l' 1 11.'---''' o ,,,, --',- / .----- / ''''',. ''' L. 0 i a. 1 ......../ --'1-- I —1--" i \l, .'-- 1 __--i.— --'' I ez.:5 il , ,... ., ..",.....,_4,. ,,,-• ' 1 1 •-,----- ---- CIL'''. c 0 t .,....„/ , • 1.: \ , id,-.• ' I e...L. 0 ( 8 ( „. - s..: 4..:. r,,,, . , i \ CI0 I, • i '.,,, , •., ,./. 'V • 1 0 0 8 8 ) 0 0 wr- 0 0 0 8 8 / g csi1 ,------ 1-,:r: 0 e) 0 0 .-..,f r - ----- LI: / j I 1 . ' - - --.•-•--.--••. ,_ , el / - - ) , -- - - - - '' 8 0 0 J / 1 r PLAT BOOK W 0 C z Jam' -AtliJC`7- rc 66 $g 030f11ONl ION Mg 0311V1dNn — c� 04 0 / S��IJI ,lf 1ff1 3.1910.00N Ir 21 12 bJ 14 7>14 // k, I 1 o p i 2 y¢� ” OW W b ie Rg o 1,i ,2 122gi :', t iL -R . e4- 'Y, p6o 2 ,I� y¢ $Z...K �> WN U� p644:4 R W. u Dl^ fu`s 2,,,,, '�S'�7S isdi� a U Ute . t5 c v,a tom B4�W��is 2'�N��<a� RI w i6ww h �gAµ qua`lq tyy� W i0 �3WS "4�2RWNW �W2a pZp Tohp 2Z' ,$pi] 2 I UJ zpyz.J m w U 2 202wU 0 i LL� co: bbb 441006 2Uc a° 6 g22 WrtS �� pN �W i`1 q h O AUG �Y O i>1 84 '2 2 ' i<O(jO‘a ij�t a$k�--2 O ,44 g gy � o, v§4, $ g 4.„dry gales R_Ra st a a Q2 a agoIsttg,ue <e ods priv U4 ATTACHMENT 3 31 73! T ,ci:rra� X331 z1 N I _ oil 3i 3f 3 3 3 ?I3 030111ONI 1ON 0311V1dNll 030070N1 ION Of 301,d '61 HOOB 1Yld 6Z lYld-906+YN ON690 16 STIYd 3111 106+1 3SY0SONY1 �9...�55.5.5 Iocc cac 0,1005 ;JI i n sz ATTACHMENT 3 32 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Director Christopher J. Kafer, Jr., P.E., County Engineer_ Michael D. Nixon, P.E., Roadway Production Manager Aht/ Work Order No. 1 with Ardaman and Associates, Inc. for Professional Geotechnical Services for 43rd Avenue and SR 60 Intersection Improvements (18th Street to 26th Street) IRC Project No. 0853 DATE: February 20, 2015 DESCRIPTION AND CONDITIONS On September 23, 2014, the Board of County Commissioners approved an annual agreement for Professional Geotechnical Services, with Ardaman and Associates, Inc. for various geotechnical services for Indian River County. The purpose of Work Order No. 1 is to provide contamination assessment services for the right- of-way acquisition and construction of 43rd Avenue and SR 60 Intersection Improvements. The Florida Department of Transportation (FDOT) is purchasing the necessary right-of-way to improve the intersection of 43rd Avenue and SR 60 and requires a contamination assessment report to finalize the right-of-way acquisition prior to construction. Ardaman and Associates, Inc. performed a Preliminary Contamination Assessment, Level II, identifying various contaminated sites within the project area. The FDOT is now requiring a Level III Contamination Assessment. This will include 40 monitoring wells to be installed outside of the right-of-way. The report will include the results of the findings relative to any identified soil and ground water contamination that may present limitations, require special monitoring, or special treatment during construction. Ardaman and Associates, Inc. has submitted a proposal outlined in the attached Work Order No. 1 and Proposal for a Level III Contamination Assessment Services (Exhibit A) for a not -to - exceed amount of $59,000.00. Services will be performed on an as needed basis and payment will be in accordance with the fee schedule attached as part of Exhibit A. F \Public Works\ENGINEERING DIVISION PROJECTS \0853 -43rd AVE 18th ST to 26th ST (Arcadis)\Admim\agenda items\BCC Agenda ARDAMAN, WO 1, 3-10-I5. doc Page 2 43rd Avenue and SR 60 Intersection Improvements — (18th Street to 26th Street) Michael D. Nixon, P.E., Roadway Production Manager For March 10, 2015 BCC Meeting FUNDING Funding is budgeted and available from Optional Sales Tax, Right of Way, Account Number 31521441-066120-06041— 43rd Avenue, 18th Street to 26th Street. RECOMMENDATION Staff recommends approval of Work Order No. 1 to Ardaman and Associates, Inc. authorizing the above-mentioned professional services as outlined in the attached Proposal for Level III Contamination Assessment Services (Exhibit A) and requests the Board to authorize the Chairman to execute the attached Work Order No. 1 on their behalf for a not -to -exceed amount of $59,000.00 ATTACHMENTS 1. Work Order No. 1 with Ardaman and Associates, Inc. 2. Exhibit A — Proposal for Level III Contamination Assessment DISTRIBUTION 1. Dan J. Zrallack, P.E., Ardaman and Associates, Inc. APPROVED AGENDA ITEM FOR March 10, 2015 BY (5(5-0J tr' Indian River County Approv Date Administration . 3 )5J)5 Budget *10 Legal i Public Works 9 • 3 " /S' Engineering C-- 3-02'15_ F \Public Works\ENGINEERING DIVISION PROJECTS \0853 -43rd AVE 19th ST to 26th ST (Arcadis)\AdmimNagenda items\BCC Agenda ARDAMAN, WO 1, 3-10-15. doc Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 Field and Laboratory Quality Control (QC) for 43rd Avenue and SR 60 Intersection Improvements, (18th Street to 26th Street) IRC Project No. 0853 WORK ORDER NO. 1(Engineering Division) FOR FOR PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES CONTRACT RFQ No. 2014007 WITH ARDAMAN AND ASSOCIATES, INC. All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) registered with the State of Florida and staff employed directly with your firm. Scope of Services All work shall be performed on a unit price or hourly basis in accordance with the attached Proposal for Level III Contamination Assessment Services (Exhibit A) dated November 25, 2014 and shall comply with Standards enumerated in the ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ 2014007 WITH ARDAMAN AND ASSOCIATES, INC. Effective Renewal Date: September 23, 2014. Minimum Specification Requirements as follows: Soil Sampling Soil Screening and Testing Groundwater Sampling and Testing Laboratory testing Contamination Assessment Report All work shall also comply with the current Florida Minimum Technical Standards. C:`UsersDan.Zrallack`AppData,Locai MicrosoR,WindowsTemporary Internet Files,Content.Outlook HHGWG714tagenda WO# 1 ARDAMAN 3-10- 2015.doc 35 WO #2 43rd Avenue and SR 60 Intersection Improvements, (18th Street to 26th Street) IRC Project No. 0853 COMPENSATION. The COUNTY agrees to pay, and the Geotechnical Professional agrees to accept, a fee for services rendered according to the "Scope of Services" identified in the attached EXHIBIT "A" Proposal for Level III Contamination Assessment Services. A Not -to -Exceed Amount of: $59,000.00 to be paid on a unit price or hourly basis for actual work performed in accordance with the schedule of services and fees set forth in Exhibit A of RENEWAL OF THE ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ 2014007 WITH ARDAMAN AND ASSOCIATES, INC. Effective Date: September 23, 2014. TIME FOR COMPLETION This Work Order No.1 will run approximately 3 -months from Notice to Proceed. IN WITNESS HEREOF the parties hereto have executed these presents this day of , 2015. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court & Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency: '?( Dylan Reingold, County Attorney ARDAMAN & ASSOCIATES, INC. Dan J. Witnessed by: .E., Branch Manager 6 bird, County Administrator UsersDan.Zrallack AppData,Local`Microsoft`WindowsTemporary Internet Files`Conlent.Outlook,HHGWG714`agcnda WO# 1 ARDAMAN 3-10- 2015.doc 36 11111, . Ardaman & Associates, Inc. 111.All Geotechnical, Environmental and Materials Consultants Indian River County Engineering Division 1801 27th Street Vero Beach, Florida 32960-3388 Attention: Mr. Michael Nixon, P.E. November 25, 2014 Ardaman File No. 13-5402 Revised February 2, 2015 EXHJBIT A Subject: Proposal for Level 3 Contamination Assessment Intersection of State Road 60 (20th Street) and 43rd Avenue Indian River County, Florida Mr. Nixon: As requested, Ardaman & Associates, Inc. (Ardaman) has prepared a scope of work and estimation of costs related to performing additional contamination assessment for possible soil and groundwater subsurface contamination at the above referenced site. This proposal includes soil and groundwater sampling and testing to explore for the presence of soil and/or groundwater contamination along areas of the project site relative to the Contamination Review Memo prepared by FDOT and dated August 12, 2014. BACKGROUND INFORMATION Indian River County plans to improve the intersection of State Road 60 (20th Street) and 43rd Avenue in Indian River County, Florida. The proposed improvements include widening of the roadways from the existing four -lane to provide for a six -lane divided roadway with median, curb and gutter on the median side and resurfacing of the existing pavement. Arcadis completed a Contamination Screening Evaluation Report (CSER) for the project study area in February 2007. The project study area extends up to the existing bridge over the Main Relief Canal to the north and west and for approximately 2,200 feet to the south and east from the intersection. The purpose of the CSER was to identify and evaluate sites with known or potential for contamination within the project study area. Twelve sites were identified in the CSER as having "medium" and "high" potential for contamination. The project study area was later reduced to include nine sites with "high" and "medium" potential for contamination. In 2013, Ardaman performed a limited soil and groundwater assessment in the right-of-way expansion areas adjacent to sites ranked as "high" and "medium". Please refer to our Level II Contamination Assessment report dated January 8, 2014 for details of our findings. Soil analytical results did not indicate the presence of soil contamination at levels above the residential or commercial soil cleanup target levels (SCTLs) at the sampling locations. However, low levels of contaminants were found at seven of the locations which indicate that higher concentrations could be found nearby. Based on the depth to groundwater encountered during the field work to -date and on the anticipated depths of proposed utility structure installations, dewatering during construction will likely be needed. Given that groundwater contaminants were detected at twelve sampling locations and since many of the source sites have historic documentation of contamination plumes that have migrated offsite, additional groundwater sampling and testing was recommended by FDOT. 37 State Road 60 and 43rd Avenue Ardaman File No. 13-5402 PROJECT APPROACH -2- The following scope of work describes the tasks necessary to preliminarily explore for the presence of contamination in soils and groundwater in the limited areas of the project study area, specifically at locations identified by FDOT. Groundwater Sampling Wells An additional 40 temporary groundwater sampling wells ("micro -wells") will be installed in accessible areas in close proximity to the locations recommended by FDOT. The micro -wells will be installed with a geoprobe using direct -push technology to an approximate depth of 15 feet and will be screened across the encountered groundwater table level. The proposed shallow micro -wells will be constructed of 1 -inch or 2 -inch diameter, 0.01 -inch slotted schedule 40 PVC pipe. A summary of the proposed number and general location of the wells is provided in the following table. Site Address (Proximity to Intersection) Proposed Number of Wells Mark's Mobil 4310 20th Street (Northwest Comer) 4 Former Texaco / Lenny's Lounge 4315 20th Street (Southwest Comer) 4 Former FINA #6644/Mobil 4395 20"' Street (200 Feet West) 6 Former Union 76 4233 20th Street (Southeast Comer) 6 Cumberland Farms 1925 43'" Avenue (500 Feet South) 6 Indian River Farms WCD 4400 20"' Street (Northwest Comer) 2 Mermaid Car Wash 1935 43rd Avenue (450 Feet South) 2 Strip Shopping Center (Vero Beach Dry Cleaners) 4201 - 4211 20"' Street (200 Feet East) 5 Proposed Retention Pond 44"' Avenue 5 Groundwater Sample Collection and Analysis Groundwater samples obtained from the wells will be collected for laboratory analysis in general accordance with FDEP sampling requirements. Groundwater samples collected from the wells will be submitted to a State certified laboratory for analysis by EPA Methods 8021 (VOC's) and 8270 (PAH), and for Total Recoverable Petroleum Hydrocarbons (TRPH) by the FL -PRO method. Soil Sampling and Analytical Testing As requested by FDOT, five soil samples for chemical analyses will be collected from adjacent to the locations of the temporary sampling wells to be installed in the proposed retention pond area. The samples will be "composite" samples obtained from the top 24 inches of soil at each location. According to the FDOT directive, the samples will be submitted for chemical analyses by EPA Methods 8021 (VOC's) and 8270 (PAH); for TRPH by the FL -PRO method; for RCRA 8 Metals; and for pesticides, herbicides and PCB's by EPA Methods 8081, 8082, 8141 A and 8151A. Report Preparation A report summarizing the above additional site assessment activities will be submitted upon completion of the above-described scope of work. Details, descriptions and rationales for the various site assessment activities will be presented, along with all data developed during the assessment activities. The report will include the results of our findings relative to any identified soil and/or groundwater contamination within the study area that may present limitations or require special monitoring of contaminated media during construction of the proposed intersection widening project. 38 State Road 60 and 43' Avenue - 3 - Ardaman File No. 13-5402 COST ESTIMATE This proposal contains general methodology and procedures for conducting site contamination assessment activities for the subject site. We have prepared the attached cost estimate for completing the scope of work as outlined above. The cost for these services will not exceed $59,000.00 without prior approval from the client. The cost estimate includes provisions for providing the current property owners (as listed on the property appraiser website) reasonable notice regarding allowing access to the properties and to perform the scope of work outlined herein. The County will need to provide assistance if additional permission or right of entry documentation is needed to access the sites. It is important to realize that the project budget is a function of the findings during the study, additional assessment activities deemed necessary and the result of FDEP's and/or FDOT's review of the report. It is noted that the project will be completed in stages to minimize the amount of work, and therefore project costs. The client will only be billed for the actual worked performed and services provided. CLOSURE This proposal is subject to the following terms and conditions: (1) access to boring locations is to be readily available to our field personnel equipment; (2) maintenance -of -traffic will not be necessary; (3) Ardaman & Associates cannot take responsibility for damages to underground structures and/or utilities not identified through the Sunshine State One -Call service; their locations are to be provided by the County prior to commencement of the field work; (4) coordinating and obtaining written permission/agreements from adjacent property owners as necessary in order to access the well locations is the responsibility of the client; and (5) this scope of service and associated cost includes a limited allowance for drumming, containing or disposing of contaminated soils, groundwater or drilling fluids. We will notify you immediately if it becomes apparent that additional funds will be needed for this effort. We note that services proposed within may be substituted in the field, as conditions dictate. The number of samples, sampling locations and depths and laboratory tests may be modified in the field to provide the same (or higher) level of service regarding exploring for potential subsurface contamination. However, as stated above, the indicated cost will not be exceeded without prior permission. We appreciate the opportunity to submit this proposal and look forward to continue working with you on this project. If this proposal is agreeable to you, please indicate your acceptance by issuing the purchase order or change order that will be assigned to this phase of the project. Please call if you have any questions or require additional information. Best regards, ARDAMAN & ASSOCIATES, INC. a rallack, P.E. Branch Manager 39 CLIENT: PROJECT: DESCRIPTION: Indian River County State Road 60 and 43rd Avenue Intersection Improvements Level 3 Contamination Assessment TOTAL ESTIMATED PROJECT COST: $59,000.00 ITEM DESCRIPTION UNITS NUMBER UNITS COST PER UNIT EXTENSION' ITEM DESCRIPTION UNITS NUMBER UNITS COST PER UNIT EXTENSION PERSONNEL GENERAL FIELD EQUIPMENT AND EXPENDABLES Senior Project Engineer Per Hour 80 *115.00 $9,200.00 Project Engineer Per Hour 15 $95.00 $1,425.00 Staff Engineer Per Hour $85.00 Generator Per Day 5 $95.00 $475 r r Mobilization of Concerte Coring Equipment Per Trip 5 $150.00 $750 r r Senior Field Technician Per Hour 80 $50.00 $4,000.00 Peristaltic Purging Pump Per Day 10 *40.00 $400 r r Field Technician Per Hour 80 $45.00 $3,800.00 Water Level Indicator Per Day 10 *20.00 $200.11 Senior Technical Draftsman Per Hour $55.00 Technical Draftsman Per Hour 8 $50.00 $400.00 pH/conductivity Meter Per Day 10 *25.00 $250re Technical Secretary Per Hour 2 *45.00 $90.00 Turbidity Meter Per Day 10 $55.00 $550 r r Subtotal: ' 318,715.05 Dissolved Oxygen Meter Per Day 10 $55.00 $550." DRILLING MOBI UZATION/DEMOBILIZATION Lump Sum Men and Equipment Mob. Per Mob. 2 $250.00 $500.00 Tygon Tubing Per Foot 40 *2.50 $100.r. Polyethylene Tubing Per Foot 800 $0.60 $480. r r Deionized Water (decontamination) Per 5 Gal. 2 *14.00 528. r r 55 -gallon Drum Each 4 $65.00 r 5260.n Subtotal: $4,043." COMPACTION AND GRAIN SIZE TESTS Standard Proctor (ASTM 0-698) Per Test *85.00 Modified Proctor (ASTM D-1557) Per Test $85.00 Sieve Analysis (ASTM 0-421, D-422) Per Test $65.00 Percent Fines (ASTM D-1140) Per Test $35.00 Subtotal: $0.n ANALYTICAL LABORATORY ANALYSIS (Cost plus 15%) EPA 8021 VOCs - water Per Test 40 $69.00 $2,760. re EPA 8021 VOCs - soil Per Test 5 $69.00 $345.1 r MONITORING WELL INSTALLATION 4 - Temporary 2" PVC Wellpoint Temporary Per Foot 500 $18.00 $9,000.00 EPA 8270 PAH's - water or soil Per Test 45 $103.50 $4,657. r TRPH by FL -PRO - water or soil Per Test 45 $80.50 $3,622. r DRILLING ON TIME BASIS Decontamination of Equipment Per Hour 20 *150.00 *3,000.00 Drumming Contaminated Soil (w/o Disp) Per Drum 4 *150.00 *600.00 EPA 8081A (Organochlorine Pest.) Per Test 5 *143.75 $718.7 Drum Disposal (non hazardous) Per Drum 4 $150.00 $600.00 EPA 8082 (PCB) Per Test 5 *143.75 $718.7 EPA B141A (Organophosphorus Pest.) Per Test 5 $126.50 $832. . EPA 8151A (Herbicides) Per Test 5 5218.50 $1,092. r RCRA 8 Metals Per Test 5 $88.55 $442.7 Sample Disposal Cost (Lump Sum) Lump Sum 1 $51.75 $51.7 Direct Push Groundwater Sampling Per Day 5 $1,500.00 $7,500.00 Subtotal: $21,200.00 Subtotal: $15,042." 13-5402 Level 3 Cost Estimate.xls 111111.11F111 Ardaman & Associat maimAn Geotechnical, Environmenta Printed 2/2/2015 at 12:12 PM 40 sr •r r Jr sr r Jr r k : I 1 r � I,jIL1 1 ('t; 1 I � J!1 I. eI ". 1 lE I•• ,::�1 1 — , 7i4 Pk HE ' y TtfPi1i3.1 1 , elnj , t ��w a '� r< •, �`ro UI g J 's — t `� '� ',¢ "It , r' i' ; ' — — 1 4 .*-- ;��� � v g --\ 1ti%! ,_ ` ��'1 I t}j, i1 f J �, ,,I 1! ... v Ea I,1Id F'� :I t ; ;. o itai ` lid I x �, S 'Cil r '„ e. 1 tt x i f 11 i g s 4 td I r— I gli4ki Mil 0 ...:, IN- 1;i a 1 ie — VI lb -1 — 1-- — ,-.1.1 illi 3i'} LI ` _ • . I 1 { IE 1 .tz M II g L r .� i lai ,� ; 1 _ 1 Kt, ? Axl: ss' 1 Ali ' Q -------------- , �» W z - 1; sf 19th EMIT Mb ormarr 72140 lit � 4' 1 � L—» ,� —•1—_— CONTE t 11.1! 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J } a � .1111!1— :..c);id y11! i d t F "1 w145! . &Nkr —g^ i \ A, 1 IQ ire >N Ir :,.. .. ^ • \r 'b III 1111E- 1:11 I ti�add ptrh kiAt 1$111 • :::: �r Eli" :l ir---r _____ - — ,tq i 1 Ill C - 1 P4 I � gn t • lg.% I '1e r; ilk it r I ' ..- ' \ { r I 41011) :; §r,r b�;fia$lo ,r { !iii. r*➢Y Rik ; i �it ii;E:ss -•.. �II : L \ S \ �3 -; A 24141 N yttn Qra\ ,it / ,PM4 204 200_ A10 VV G'. rr D7 • ma M LOP . 22111�� F - nw i r cr awr n. s •moi -... �+. - 1. ICY �. }1 vat M'► 7-...--..--...-..—,-o-,-.-. J • 1 R�Q � 9 ; •` _b_e � - � I r r.ef \\J iii ---- .�Y�ej{ -7'-'t -�� I a iii! s y 11 L it i ii!7 I- 1 �` ^: ti1 ; • J-. ori XS n.um I l of lsyra Hurn • .N .i4 X .R' .1 . sit so E ti J 5 4tiy Z 4 U ft • 44 I 45 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Director Christopher J. Kafer, Jr., P.E., County Engine Release of Retainage for BRIDGE DESIGN ASSOCIATES, INC. Oslo Road Phase III from 58th Avenue to 43rd Avenue IRC Project No. 0517 DATE: February 27, 2015 DESCRIPTION AND CONDITIONS On September 6, 2011, the Board of County Commissioners approved an agreement with Bridge Design Associates, Inc. for design and construction phase services for the widening of the existing bridge on Oslo Road crossing the Indian River Farms Water Canal District Lateral B Canal as part of the Oslo Road Phase III (58th Avenue from 43rd Avenue) project in the amount of $66,630.00. Bridge Design Associates, Inc. has completed all tasks and has been paid $62,433.43 to date, with $1,999.82 held in retainage. Bridge Design Associates, Inc. has submitted Invoice No. 11-583-R1 dated February 3, 2015 in the amount of $1,999.82 for release of retainage. FUNDING Funding is budgeted and available from the following: Traffic Impact Fees/District 3 Account No. 102-206001-05004 Oslo Road (58th Ave - 43rd Ave) Retainage ($1,904.12) Secondary Roads Gas Tax Account No. 109-206001-05004 Oslo Road (58th Ave — 43rd Ave) Retainage ($63.20) Optional Sales Tax Account No. 315-206000-05004 Oslo Road (58th Ave — 43rd Ave) Retainage ($32.50) RECOMMENDATION Staff recommends release of retainage and payment of Bridge Design Associates, Inc. Invoice No. 11-583/R- 1, dated February 3, 2015 in the amount of $1,999.82. F:APublic Works\ENGINEERING DIVISION PROJECTS \0517-0S1.0 ROAD 43rd Ave to 58th Ave -Phase III\Admim\agenda items\BCC Agenda Memo for BDA Release of Retainage 3-10-2015.doc 46 PAGE TWO BCC Agenda Item from Christopher J. Kafer, Jr., P.E. March 10, 2015 ATTACHMENTS Bridge Design Associates, Inc. Invoice No. 11-583/R-1 DISTRIBUTION Brian C. Rheault, P.E., Bridge Design Associates, Inc. APPROVED AGENDA ITEM FOR: March 10. 2015 Indian River County Appro Date Administration 3 5 J Budget ( V 1 Legal ; i " S -1 " )— Public Works 3-2- ts Engineering C 91 /" 27 1.'. F:APublic Works\ENGINEERING DIVISION PROJECTS\0517-OSI_() ROAD_43rd Ave to 58th Ave -Phase III\Admim\agenda items\BCC Agenda 47 Memo for BDA Release of Retainage 3- I0-20 I 5.doc BRIDGE DESIGN ASSOCIATES, INC. CONSULTING ENGINEERS Invoice Bill To Indian River County 1800 27th Street Vero Beach, Florida 32960 Attn: Jill Williams BRIAN C. RHEAULT, P.E. President Date Invoice # 2/3/2015 11-583/R1 Description Amount FOR ENGINEERING SERVICES OSLO ROAD PHASE III (58TH NEW AGREEMENT PROJECT #0517 Contract Amount: $21,195.00 Fees Earned to Date: $19,998.25 Retainage Held: $1,999.82 Retainage Due: $1,999.82 ON: AVENUE TO 43RD AVENUE) 1,999.82 INDIAN RIVER COUNTY PUBLIC V4CRKS1 APPROVED DATE DIRECTOR DIV. HEAD P.O.# ACCT. # Please Mail All Correspondence To The Address Below Total $1,999.82 1402 Royal Palm Beach Boulevard • Building 200 • Royal Palm Beach, Florida 33411 48 (561) 686-36(30 • Fax: (561) 791-1995 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engine SUBJECT: Work Order No. 1, Masteller & Moler, Inc. 49th Street/US 1 Intersection Improvements IRC Project No. 1412 DATE: February 16, 2015 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with Masteller & Moler, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. The purpose of Work Order No. 1 is to provide planning and design services for intersection improvements at the following locations: eastbound left turn lane on 49th Street at Old Dixie Highway; eastbound left turn lane on 49th Street at US 1; and north and southbound left turn lanes on Old Dixie Highway at 49th Street. The 49th Street eastbound left turn lane at the approach to Old Dixie Highway will require coordination with CDM Smith, Inc. for "All Aboard Florida" with the Florida East Coast (FEC) Railway for the expanded roadway improvements. Work Order No. 1 is for a total lump sum amount of $70,140.00. FUNDING Funding is budgeted in Account No. 31521441-066510-15010, Optional Sales Tax, 49th Street/US 1 Intersection Improvements, in the amount of $70,140.00. RECOMMENDATION Staff recommends approval of Work Order No. 1 to Masteller & Moler, Inc. authorizing the above- mentioned professional services as outlined in the attached Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute the attached Work Order No. 1 on their behalf for a total lump sum amount of $70,140.00. ATTACHMENTS Work Order No. 1 DISTRIBUTION Masteller & Moler, Inc. APPROVED AGENDA ITEM FOR March 10, 2015 BY L 11 /1j Indian River County F: \Public Approv- • Date Administration i 3 h 1) 5 Budget Ir t Legal �;^�0%�3/15 ) J �.s Public Works ( 3 - 3 /‘ Engineering --'2-15.-- " 1j.-- F:\Public Works\ENGINEERING DIVISION PROJECTS I4I2-49th St USI Intersec ImprovWdmin\agenda items\BCC Agenda Masteller & Moler WO I.doc Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: WORK ORDER NO. 1 (Engineering) FOR PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING SERVICES CONTRACT WITH Masteller & Moler, Inc. 49TH STREET / US1 INTERSECTION IMPROVEMENTS — IRC Project No. 1412 This Work Order No. 1 is in accordance with the existing AGREEMENT dated November 15, 2011 as amended November 4th, 2014 between Masteller & Moler, Inc. (ENGINEER) and Indian River County (COUNTY). This Work Order No. 1 amends the agreement as follows: SECTION I - PROJECT LIMITS This Work Order No. 1 is for the ENGINEER to perform professional engineering services in connection with the planning and design of 49th Street & US1 Turn Lane Improvements at the following locations: 1. Eastbound Left -Turn Lane on 49th Street at Old Dixie Highway; 2. Eastbound Left -Turn Lane on 49th Street at U. S. Highway# 1; 3. Northbound Left -Turn Lane on Old Dixie Highway at 49th Street; and 4. Southbound Left -Turn Lane on Old Dixie Highway at 49th Street. The 49th Street Eastbound Left Turn Lane at the approach to old Dixie Highway will require the paving within the Florida East Coast railroad (FECRR) right-of-way to be widened. It is understood the Florida East Coast Railroad will perform all work required for installation of the 49th Street Eastbound Left -Turn Lane within the limits of their right-of-way. It is anticipated the FECRR may request.a median to be introduced into the turn lane improvements design to allow for calming devices they plan to construct to support the "All Aboard Florida" Railroad improvements. SECTION II - SCOPE OF SERVICES As agreed upon between ENGINEER and the COUNTY, the ENGINEER shall provide Professional Engineering services to complete all tasks as outlined in this Work Order No. 1, and per the attached Scope of Services and Cost Outline (Exhibit A). SECTION III - TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: • Within 70 working days of Notice to Proceed excluding the time expended during the FECRR review of the Conceptual Design Plans. 50 IRC Work Order No. 1 49th Street / US1 Intersection Improvements Page 2 of 2 2. Deliverables — The ENGINEER shall provide the COUNTY: a. As defined in attached proposal and scope of services (Exhibit A) and related digital AutoCAD and PDF files. SECTION IV - COMPENSATION The COUNTY agrees to pay, and the ENGINEER agrees to accept a total lump sum of $ 70,140.00 for the above-described services rendered as identified in Sections I, II, and III of this Work Order No. 1. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the ENGINEER. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of , 2015. CONSULTANT: MASTELLE `f�:L•� R, INC By: Title: Vice President Stephen E. Moler BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Wesley S. Davis, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: c C)(p\4 j oseph Baird, County 1 lAdministrator U ) % Approved as to form and legal sufficiency:IG Dylan T. Rein old, County Attorney Y Reingold, 51 L M J MASTELLER & MOLER, INC. n MM — CIVIL ENGINEERS — February 17, 2015 EXHIBIT "A" WORK ORDER NO. 1 Masteller & Moler, Inc. 49th Street / US1 Intersection Improvements PROPOSAL Professional Engineering Services Mr. Christopher J. Kafer, Jr, PE Indian River County 1801 27th Street Vero Beach, Florida 32960 RE: 49th Street / US1 Intersection Improvements Professional Engineering Services Dear Mr. Kafer: Masteller & Moler, Inc. ("MM") is pleased to submit this letter agreement (the "Agreement") to Indian River County ("the Client") for providing professional engineering services related to roadway turn lane improvements for 49th Street & US 1 Intersection Improvements in Indian River County. Our scope of services, schedule, and fee are below. Based on our discussions it is understood the County desires designs to be developed for construction of planned improvements to consist of roadway turn lane improvements at the following locations: 1. Eastbound Left Turn Lane on 49th Street at Old Dixie Highway; 2. Eastbound Left Turn Lane on 49th Street at U.S. Highway# 1; 3. Northbound Left Turn Lane on Old Dixie Highway at 49th Street; and 4. Southbound Left Turn Lane on Old Dixie Highway at 49th Street. The project will also include sidewalk improvements on both sides of 49th Street for the length of the project improvements. Sidewalk will not be required on the west side of Old Dixie Highway. The existing sidewalk on the east side of Old Dixie Highway will either be retained or reconstructed if necessitated by the project improvements. It is understood the Florida East Coast Railroad (FECRR) will perform all work required for installation of the 49th Street Eastbound Left Turn Lane within the limits of their right-of-way. It is further understood the FECRR will be making gate arm improvements as a result of the pending "All Aboard Florida" (AAF) project. The County will be requesting the gate arm improvements be consistent with the County's desire to add a turn lane at 49th Street. Scope of Services: Conceptual Design We shall develop Conceptual Plans depicting the proposed roadway turn lane improvements in horizontal plan views depicting lane widths, lengths, and taper dimensions, proposed striping & 1655 27th Street, Suite 2 • Vero Beach, Florida 32960 Phone: (772) 567-5300 • Fax: (772) 794-1106 mastmolr@bellsouth.net 52 IRC Work Order No. 1— Exhibit "A" 49th Street/ US1 Intersection Improvements Page 2 of 5 signage elements, and sidewalks. The Conceptual Plans shall be submitted to Indian River County Engineering for review and acceptance prior to our proceeding with additional design services. It is our intent to design the 49th Street 3 -Lane section (Old Dixie to U.S. Highway # 1) / turn lane improvements centered on the quarter -section line. We expect the Old Dixie Highway turn lanes to be accomplished via a west side widening. In order to be eligible for a SJRWMD Permit Exemption, the turn lane improvements will be designed without the need for curbing and storm conveyance piping to eliminate the need for treatment facilities (which might necessitate the County purchasing stormwater treatment tracts). During this task, we will coordinate with Jill Grimaldi of CDM Smith, the County's liaison for the "All Aboard Florida" (AAF) Railroad project. It is understood our Concept Plans will be submitted by CDM to the Florida East Coast Railroad (FECRR) in order that they may plan and design for the expanded roadway improvements to be constructed with this project, as well as their planned calming devices. We will make adjustments to the Conceptual Plans based on feedback received by Indian River County via CDM Smith. Preliminary Construction Plans Preparation of Preliminary Plans for the planned project improvements to include: Title Sheet Construction Notes Summary of Pay Items Roadway Improvements Plan Views Roadway Profile Views (as Necessary) Cross-sections Striping & Signage Plans Construction Details The Preliminary Plans shall be prepared based on the following design criteria: Ex. Posted Speed Prop Posted Speed Design Speed 49th Street (W. of Old Dixie) 30 mph 35 mph 40 mph 49th Street (E. of Old Dixie) n/a 35 mph 40 mph Old Dixie (N. of 49th St.) 45 mph 45 mph 50 mph Old Dixie (S. of 49th St.) 35 mph 35 mph 40 mph In order to accommodate the future signalization of the intersection of 49th Street and Old Dixie Highway, the intersection paving shall be designed to be plateaued. Final Construction Plans Following your review of the Preliminary Construction Plans, we shall make revisions to address your concerns and convert the plans into Final Construction Plans. The Final Construction Plans shall be utilized for acquisition of permits for the project. M 3 !RC Work Order No. 1— Exhibit "A" 49th Street / US 1 Intersection Improvements Page 3 of 5 Permitting We shall prepare permit applications to support obtaining authorizations to construct the project improvements. The permit applications included in our scope will consist of the following: Indian River County Right-of-way Permit St. Johns River WMD Permit Exemption Florida DOT Roadway Alteration Permit We shall submit the Construction Plans to support permit applications. We shall make revisions to the Construction Plans to address reasonable comments receive from permitting agencies. Fees: We shall complete the above described tasks for the lump fee fees listed below: Conceptual Design $ 12,320.00 Preliminary Construction Plans $ 40,600.00 Final Construction Plans $ 6,880.00 Permitting $ 8,340.00 Sub -Total $ 68,140.00 Reimbursables (max.) $ 2,000.00 Total Fee $ 70,140.00 Reimbursement for payment of direct costs, including reproduction, copies, prints, mail, Fed -Ex, etc. is estimated at $ 2,000.00. Actual cost will vary depending on quantity provided. (See below for actual costs) We shall invoice monthly for these services based on the percentage of completion of each task. Printing and Reproduction, Mail and Delivery The County shall make direct payment to our office for the cost of printing project plan sheets required for utility coordination and for copies of reports, drawings, specification, and other pertinent items required by federal, state, and local agencies from whom approval of the project must be obtained, material suppliers, and other interested parties, but may charge only for the actual cost of providing such copies based on EXHIBIT "2" - CONSULTANT'S BILLING RATE of the "Master Agreement" as follows: Letter 8'h" x 11" $ 0.25 Legal 8'h" x 14" $ 0.35 Oversized 11" x 17" $ 0.50 Black Line Plans 24" x 36" $ 1.00 Mylar 24" x 36" $ 4.00 The County shall make direct payment to our office for the actual cost of mail, Fed -Ex, or similar costs for delivery of plans and documents to jurisdictional agencies, contractors, etc. Application Fees are to be paid directly to jurisdictional agencies. KA,,m 4 IRC Work Order No. 1— Exhibit A" 49th Street / US 1 Intersection Improvements Page 4 of 5 Items to Be Provided By Client: To support our design and permitting services on this project, it is understood the County will provide the following information: Right-of-way & Topographic Survey on NAVD 1988 datum Soils Exploration Report Environmental Assessment Wetlands Mitigation Permitting (If Required) Sketch & Legal Descriptions for Right -of -Way Acquisition Additional Services: Our scope of services does not include land surveying, soils investigations, FDOT U.S. Highway # 1 roadway alteration designs, right-of-way acquisition negotiations, landscape / irrigation designs, bidding services, construction administration services. Any services not specifically provided for in the above scope will be considered additional services and can be performed at our contract hourly rates. Deliverables: Deliverables for this project will consist of the following: Conceptual Design Preliminary Construction Plans Final Construction Plans Permit Application Forms Schedule 2 Sets 2 Sets 10 Sets As Required Upon receipt of the Notice to Proceed and the information to be provided by the County, we shall complete the scope of services for this project on the following schedule: Task Working Days Conceptual Plans 15 Days FECRR Review & Comments Unknown Preliminary Construction Plans 40 Days Final Construction Plans 10 Days Permit Application Forms 5 Days Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the existing AGREEMENT dated November 15, 2011 and amended on November 4, 2014 between Masteller & Moler, Inc. (ENGINEER) and Indian River County (COUNTY). Fees and times stated in this Work Order are valid for sixty (60) days after the date of this letter. Hm 5 IRC Work Order No. 1— Exhibit "A" 49th Street / US1 Intersection Improvements Page 5 of 5 We appreciate the opportunity to provide these services to you. Please contact me with any questions you might have. Sincerely, MASJELLER & MOLER, INC. Stephen E. Moler, PE Vice President SEM/cab File#1456 (Contract ExhibitA - REV021715.docx) M M 6 CONSENT: 3/10/15 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: : oard of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: March 3, 2015 SUBJECT: Resolutions Canceling Taxes on Property Purchased for 26th Street Right - Of -Way Resolutions have been prepared for the purpose of canceling any delinquent, omitted or current taxes which may exist on the properties purchased by Indian River County for 26th Street right-of-way: • From Brenda Hamilton Sistler, Keith A. Hamilton and William A. Hamilton Warranty Deed recorded in Book 2784, Pages 2015-2018 • From Javier Franco and Baylee Franco General Warranty Deed recorded in Book 2809, Pages 369370 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolutions to cancel certain taxes upon publicly owned land, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent, omitted or current taxes can be cancelled, and to also send a copy to each of Fixed Assets, Budget and the County Attorney's Office. /nhm Attachments: Resolutions cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser Approved for March 10, 2015 BCC Meeting Consent Agenda `COUNTY ATTORNEY Indian River Co. Appro ed Date Admin. ') 3 5 I S Co. Atty. 1) Budget 3 'f 15 Department - --- Risk Management --- --- 57 Parcel # 32-39-32-00001-0160-00004.0 Purchased by Indian River County from Brenda Hamilton Sistler, Keith A. Hamilton, William A. Hamilton Public Purpose: for 26th Street right-of-way RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 58 RESOLUTION NO. 2015 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from Brenda Hamilton Sistler, Keith A. Hamilton and William A. Hamilton, for 2691 Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2784, Pages 2015-2018, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner and motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 59 RESOLUTION NO. 2015 - Commissioner Wesley S. Davis, Chairman Commissioner Bob Solari, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2015. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman APPROVEC? S •T f. ORM By: AND IE Al_Si F C Deputy Clerk 1, E�EPLUT"C;,UN;'r A 7rJ,+.i.I`Y Tax Certificates Outstanding Yes No Current Prorated Tax Received and r/ Deposited With Tax Collector $C--) / /, q 3 60 3120140051109 RECORDED 1N THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2784 PG: 2015, 8/28/2014 4:24 PM D DOCTAX PD 5735.18) Prepared by and return to: Gloria Guzman Thomas Lawyers Title Agency 2905 Ocean Drive Vero Beach, FL 32963 File No.: 60 -5481 -MG Property Appraisers Parcel IDM: 32-39-32-00001-0160-0004/0 WARRANTY DEED THIS INDENTURE, made this 28 day of August, 2014 between Brenda Hamilton p Slstler and Keith A. Hamilton and William A. Hamilton, hereinafter called the Grantor, to lj Indian River County, a political subdivision of the State of Florida whose post office address is: 1801 27`" Street, Vero Beach, FL 32960, hereinafter called the Grantee: WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration to the Grantor In hand paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being In Indian River County, Florida, to -wit: See "Legal Description" attached herewith and made a part hereof. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to December 31, 2013. The Grantors herein covenant and aver that the property conveyed hereby is not their homestead, and that it is not subject to Florida Homestead Laws. Grantors reside at such places other than the property being conveyed. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whosoever. IN WITNESS WHEREOF, the grantor has signed and sealed these presents the day and year first above written. Signed, seale andd livered in our ., ce: Print N rine '7o$r.1-. P. 6<e.-5oy k STATE OF FLORIDA COUNTY OF INDIAN RIVER 4p/r1s7s Sistler 08 Kildare Drive Sebastian, FL 32958 The foregoing Instrument was acknowledged before me this 28 me by , Brenda Hami ton Sistier, who is personally known to h's11r— as Identification. Nota �2� My Co .n expires: or GLORIA GUZMAN THOMAS NOTART PUBLIC E OF FLOFtIOA Corm* * EE565634 expires 44412017 day of August, who produced 61 BK: 2784 PG: 2016 Warranty Deed -Page 2 Signed, sealed and delivered in our Prgsence: j 1` i1; 5 (► J 11 rt,lV:- • (- Print Name \" Irr%d„ �lttt- If ;i IWWWVu✓✓// ► 1 Prima o t� c)eartjf'1C? 1eit;d7 a/ciA h A. Hamilton 711 Dorsey Street Gainesville, GA 30501 STATE OF GEORGIA COUNTY OF Xyl The foregoing Instrument was acknowledged before me this r day of August, 2014, by Keith A. Hamilton, who is personally known to me or who produced .47ZYatrL:Gcnse_ as Identification. Nota My JEFFREY DELOADO NOTARY PUBLIC Hall County Stats of Georgia My Comm. Expires Maroh 10. 2018 62 BK: 2784 PG: 2017 Warranty Deed -Page 3 Signed, sealed and delivered In our Presence: Prl ame .CiiPfhc., nd2. Yo r Y' William A. Hamilton 11 Salem Acres Road Weavervllle, NC 28787 STATE OF NORTH CAROLINA COUNTY OF anCorn1De— The foregoing Instrument was acknowledged 2014, by William A. Hamilton, who Is persona /00-DL- as Identification. before me this te,3410 day of August, Ily known to me or who produced lS c r� e N tary Public a(, YL i2 v,plfian Commission exp res: Jan $ 0611- 63 BK: 2784 PG: 2018 A portion of Tract 1 according to the las COMPANY SUBDIVISION, Records of St. Lucie Indian River County, follows: "Legal Description" 6, Section 32, Township 32 South, Range 39 East, t general plat of lands of the INDIAN RIVER FARMS as recorded in Plat Book 2, Page 25, Public County, Florida; said land lying and being in Florida, being more particularly described as From the SE corner of Section 32, Township 32 South, Range 39 East, run West on the Section line a distance of 863.6 feet; thence run North 55 feet to a Point of Beginning; from said Point of Beginning run West 137 feet; thence run North 225 feet; thence run East 137 feet; thence run South 225 feet to the Point of Beginning. Less and except that part conveyed to Indian River County for additional right of way for 26th Street as recorded in Official Records Book 1093, page 910, Public Records of Indian River County, Florida, more particularly described as follows: The North 5 feet of the South 60 feet of the West 137 feet of the East 10.47 acres of the West 20.47 acres of Tract 16, Section 32, Township 32 South, Range 39 East, according to the last general plat of the Indian River Farms Company as recorded in Plat Book 2, Page(s) 25, of the Public Records of St. Lucie County, Florida. Now lying in Indian River County, Florida. Lw Ginenurd by 0 Display Smarm. Inc_ 3014 (b63) 761-5555 64 Lot 1, Block G, Dodgertown Subdivision Purchased by Indian River County from Javier Franco and Baylee Franco Public Purpose: for 26th Street right-of-way RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 65 RESOLUTION NO. 2015 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from Javier Franco and Baylee Franco, for 26th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached General Warranty Deed recorded in Book 2809, Pages 369-370, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner and motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 66 RESOLUTION NO. 2015 - Commissioner Wesley S. Davis, Chairman Commissioner Bob Solari, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding _ Yes No Current Prorated Tax Received and Deposited With Tax Collector $_ 3 APPROVED As TO FORM AND 1 SUE •®CiF,N BY WELT ifiii K. DECitA1,i DLHJTY COUNTY All ORNEi 67 312(114UU72 iti HEI:UKI)U) 1N ll1l; KKI.'UKUJ Ur'RIMY K, JM1111, (.LLRK OF UHLU11 LOU(' INDIAN RIVER UO t BK: 2809 PG: 369, 12/12/2014 10:10 AM D DOCTAX PD S0.70 This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 855 21$t St., Suite C Vero Beach, Florida 32960 ACLT File Number: 44081298 Parcel ID Number: 32-39-33-00003-0007-00001.0 GENERAL WARRANTY DEED This deed, made as of this 11th day of December, 2014, by Javier Franco and Baylee Franco, husband and wife (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose post office address is: 1801 27th St, Vero Beach, FL 32960 (as Grantee); (Wherever used herein, the terms grantor" and "grantee" shall include singular and plural, heirs, legal representatives, and assign! of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context so admits or requires.) WITNESSETH: That the grantor, for and in consideration of the sum of $ 10.00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: Lot 1, Block G, DODGERTOWN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at Page 49, of the Public Records of Indian River County, Florida. 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 grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency 68 BK: 2809 PG: 370 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of State of FLORIDA County of INDIAN RIVER Javier Franco 2605 53rd Ave Vero Beach, FL 32966 60,JJLA2-L-<JL-0 Baylee Franco 2605 53rd Ave Vero Beach, FL 32966 The foregoing instrument was acknowledged before me the date hereinafter given, by Javier Franco and Baylee Franco; who was/were either personally known to me; or produced identification of sufficient character so as to identify said individual(s) with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 4th day of December, 2014. Type of identification provided (Check One): river's License 1 Passport I I Government (State or Federal) ID Card 1 1 Resident Alien ID Card I Other + , •c': JASON A Notary Public • State o� ,fanaa`' Commission om . Expires Oct t 1.20 x Bonded Through Nat te EE836130 y Asn 6 Notary Public ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency 69 CONSENT: March 10, 2015 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: �� � William K. DeBraal - Deputy County Attorney DATE: March 2, 2015 SUBJECT: Provence Bay Request for 2 -Year Extension to Final Lift of Asphalt Contract Developer: Centex Homes In 2013 Centex Homes, the developer of Provence Bay, in order to receive a Certificate of Completion for the Provence Bay project entered into a Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 -FLA) and posted the required security in the form of a Wells Fargo Bank Irrevocable Standby Letter of Credit in the amount of $60,456.25 to guarantee completion of the final lift of asphalt. The developer is requesting a 2 -year extension to this contract in order to avoid laying the final lift until after a majority of the construction is completed so that the finished roadways will be more aesthetically pleasing to potential buyers. Section 913.10(1)(E) of the County Code states that for good cause shown the Board may in its discretion grant one or more extensions of time for performance of any contract for construction of required improvements provided the security supporting such contract remains valid for the required 90 -day period following the newly extended time for performance. Staff has no objection to a 2 -year extension. Additionally, the developer submitted its engineer's updated certified cost estimate, and staff has approved the updated amount. The updated approved 125% amount is $51,231.25 which is a reduction from the cost estimate from two years ago. Approved for March 10, 2105 BCC Meeting CONSENT COUNTY ATTORNEY Indian River Co. Appr1ved Date Admin. IPS:315 Ji5 Co. Atty. . CI' Budget 3 3- Department /AS 3 iir v3wa -/ST Risk Management --- 70 FUNDING: There is no cost to be borne by Indian River County with respect to this item. RECOMMENDATION: Approve the attached Modification to Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 -FLA) to extend the completion date to March 12, 2017, and authorize the Chairman to execute same so long as the letter of credit is amended to extend the expiration date to June 12, 2017 which is 90 days beyond the newly extended completion date, and the developer pays the prerequisite extension fee of $660.00 established by Resolution No. 2005-041, and pursuant to Section 913.10(1)(G) of the Indian River County Code. It is also noted that the supporting security can also be reduced to the updated amount. Additionally, if after an inspection is performed by the County and it reveals that there is any deficiency in the roadway base, the developer must repair any deficiency noted in such inspection prior to the laying of the final lift of asphalt. nhm attachment: Modification to Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 -FLA) with updated approved certified cost estimate 2 71 Provence Bay MODIFICATION TO CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT CONTRACT NO. SD -04 -10 -46 -FLA THIS MODIFICATION, made and entered into this day of March, 2015, by and between CENTEX HOMES, a Nevada general partnership, hereinafter referred to as "Developer", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer entered into a Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 -FLA) guaranteeing the installation of the final lift of asphalt the earlier of 2 years from the project's Certificate of Completion (March 12, 2015) or 60 days prior to turnover to homeowner association or prior to certificate of occupancy for the last residence in this phase of the subdivision; and the Developer posted a Wells Fargo Bank irrevocable standby letter of credit in the amount of $60,456.25 (expiring on June 12, 2015) as security to guarantee completion; and WHEREAS, the developer has 1. requested an additional two-year extension to March 12, 2017 to install the final lift of asphalt, as allowed by code; 2. requested a reduction in the amount of security necessary to install the final lift of asphalt; and 3. provided an updated certified cost estimate attached as Exhibit "A"; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. The date for completion of the final lift of asphalt as outlined in the Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 - FLA) is extended to March 12, 2017. 1 72 2. The $60,456.25 irrevocable letter of credit on deposit for the guaranty for the final lift of asphalt may be reduced to $51,231.25 which amount represents 125% of the cost of the final lift of asphalt to be completed as evidenced by developer's engineer's certified cost estimate as approved by County engineering, attached as Exhibit "A"; and the letter of credit posted to guarantee the installation of the final lift of asphalt is to be extended 90 days beyond the newly extended date (June 12, 2017). 3. The extension fee in the amount of $660.00 established by Resolution No. 2005-041 and pursuant to Section 913.10(1)(G) of the Indian River County Code shall be paid immediately upon approval of this modification. 4. All other terms set out in the Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 -FLA) remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. CENTEX HOMES, a Nevada general partnership DEVELOPER By: CENTEX REAL ESTATE HOLDINGS, L.P., a Delaware limited partnership, Partner By: CENTEX REAL ESTATE CORPORATION, a Nevada Corporation, General Partner By: Chris Hasty Director — Land Development (South Florida) Authority: Signing Power Resolutions Adopted 9/10/09 INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Wesley S. Davis, Chairman By: Deputy Clerk BCC approved: APPROVED AS TO FORM AND ' - SUFj5 CI 2 BY . Wit H Ai" t K. O E. C.RAA L DErUTY COUNTY ATTORNEY ENGINEER'S OPINION OF PROBABLE COST FOR PROVENCE BAY FINAL PAVING DESCRIPTION QUANITITY UNIT PRICES AMOUNT FINAL STRIPING 1 LS $1,500.00 w $1,500.00 1" A.C.S.C. TYPE S -III 6,150 _ SY $5.90 $36,285.00 SET PCP'S _ 1 LS $3,200.00 $3,200.00 SUBTOTAL $40,985.00 FINAL COST @ 125% $51,231.25 • SUM OF., •t t ,; N. 4#0 Qmay..L WIb`' Marls Smiley, P.E. Smiley & Associates, Inc. EB#8613 PAGE 1 2/26/2015 74 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: To: From: Prepared By: Subject: February 24, 2015 Joseph A. Baird, County Administrator Vincent Burke, P.E., Director of Utility Services Arjuna Weragoda, P.E., Capital Projects Manager AU %) Work Order No.1 with Kimley Horn and Associates for Water Distribution System Water Quality and Corrosion Coupon Investigation DESCRIPTIONS AND CONDITIONS: On July 17th, 2012, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 3 with Kimley-Horn and Associates, to provide professional services to design and implement a lime softening and carbon dioxide injection system at both water treatment plants. On May 7th, 2013 the Indian River County Board of County Commissioners (BCC) awarded the contract for the Water Plants Lime Slurry Injection Project to R.J. Sullivan Corporation. The construction is complete and the BCC approved the final pay to R.J. Sullivan Corporation on December 2"d, 2014. This highly sophisticated water stabilization system incorporates a lime slurry solution and carbon dioxide into the finished water in order to increase hardness and alkalinity of the drinking water. This system was installed as a replacement to the zinc orthophosphate corrosion inhibitor system and is intended to improve the scaling potential and reduce the corrosivity of the membrane treated finish water. The County intends to conduct specific testing of the distribution system to validate the effectiveness of the water stabilization system. The testing will be conducted through corrosion monitoring via coupons. Corrosion coupons are the simplest and most commonly used form of corrosion measurement today. Corrosion coupons are small bars of various metals or alloys that are introduced into the system through a side stream coupon rack. ANALYSIS: Staff requested that Kimley-Horn prepare a proposal to evaluate the stability of the water within the distribution system via coupon testing. The scope of the evaluation is more specifically described in the attached Work Order No.1. On November 4th, 2014, the Indian River County Board of County Commissioners approved the Extension and Amendment of the Continuing Contract Agreement for Professional Services with Kimley-Horn and Associates. The total negotiated cost for the Water Distribution System Water Quality and Corrosion Coupon Investigation is a lump sum amount of $32,900.00. Consultant will prepare up to four copies of a corrosion study technical memorandum summarizing the results of both phases of the 120 day investigation and characterizing the potential 75 for lead and copper corrosion of the finished water. FUNDING: Funds for this project are derived from the other professional services account in the operating fund. Operating funds are generated from water and sewer sales. ACCOUNT NO: Description Account Number Amount Other Professional Services 47123536-033190 $32,900.00 RECOMMENDATION: Staff recommends approval of the attached Work Order No. 1 authorizing the above-mentioned professional services and requests the Board to authorize the Chairman to execute the attached Work Order No. 1 on their behalf for a sum amount of $32,900.00 to Kimley-Horn and Associates. ATTACHMENT(s): Work Order No. 1 and supporting documents (4 Pages) APPROVED FOR AGENDA: A. Baird, County Administrator Date Indian River Co. Approv- • Date Administration �. 3/5inLegal ,/3�i S Budget r ` Utilities (OP 3( S Utilities -Finance Gh.., 31'6 F:\Utilities\UTILITY - Engineering\WATER\WTP - North RO\Lime Slurry Injection Project -UCP 2715\Admin\Agenda - WO No.1-Water Quality & Corrosion Coupon Investigation.docx 76 WORK ORDER NUMBER 1 Water Distribution System Water Quality and Corrosion Investigation This Work Order Number 1 is entered into as of this _ day of , 201, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4' day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Kimley-Horn and Associates, Inc. By: By: Title: Vice President OF INDIAN RIVER COUNTY Wesley S. Davis , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: a�r Approved as to form and legal sufficiency: oseph a. Baird, County Administrator ,_DTian T. Reingold, County Attorney 77 EXHIBIT #A Work Order Number 1 Water Distribution System Water Quality and Corrosion Coupon Investigation PROJECT UNDERSTANDING Indian River County Utilities recently completed installation of two finish water stabilization projects at the North Hobart and South Oslo Rd water treatment plants. The systems installed utilize carbon dioxide (CO2) addition and lime slurry injection for purposes of increasing hardness and alkalinity of the drinking water. This system was installed as a replacement to the zinc orthophosphate corrosion inhibitor system and is intended to improve the scaling potential and reduce the corrosivity of the membrane treated finish water. There is a desire to conduct coupon testing and evaluate corrosion potential within the water distribution system to insure water quality remains consistent and non -corrosive throughout the entire distribution system. The following scope consists of conducting coupon testing and a corrosion investigation of the water distribution system at each of the two water treatment facilities. The phasing will include coupon testing with 1) the current water plant operation using lime and carbon dioxide with corrosion inhibitor, and 2) increased lime and carbon dioxide feed without corrosion inhibitor. SCOPE OF SERVICES TASK 1— Evaluate Distribution System Water Quality Consultant will review water system quality testing and coordinate with staff to collect available information regarding lead and copper testing, DBP testing, and bacteriological testing within the service area. Consultant will provide recommendations for additional parameters to be tested in the distribution system. Consultant will review results and provide recommendations for adjustment of post- treatment chemical dosages (lime, CO2, etc.) and operations of each of the water plants to achieve a consistent, non -corrosive, slightly scale -forming water quality. Consultant will organize and review the information in order to develop tendencies and/or identify trends in consistent test results. The intent is to determine trends, discrepancies, inadequate data, and other findings that will contribute to understanding the historical values for corrosivity within the service area. K:\WPB_Civil\General\Miller\Indian River County\Proposals\2015 Coupon Testing ERCU rev3.doc 78 TASK 2 — Coordinate Coupon Corrosion Test Rack Installation and Testing Consultant will coordinate installation of up to two (2) coupon test racks at each water plant site, consisting of water supply, sample water disposal, power supply and monitoring. Consultant will prepare a schematic design for the recommended coupon test unit configuration. Indian River County Utilities (IRCU) will fabricate and be the Owners of these racks. Consultant will coordinate with IRCU specific location of the rack installation at two (2) locations; • North Hobart water plant • South Oslo Rd. water plant Consultant will assist IRCU staff in the supervision of the corrosion study and provide limited supervision of operation of copper corrosion testing unit. Water treatment staff will manage the day to day operations, sampling, and data collection from the pilot unit. This proposal assumes that the county laboratories staff will perform the analytical testing associated with temperature, alkalinity, hardness (Ca and Total), chloride, sulfate, copper, free chlorine and pH. This proposal also assumes that IRCU operating staff will add chemicals to their devices as required to maintain pH and water quality targets. Any testing that is not able to be performed by the County laboratory will be performed by an independent testing laboratory retained and paid by the County. This proposal assumes that the coupon testing will be continued over a 4 to 6 month period for each phase of testing, for a total of 8 to 12 months. The program for specific water quality parameters to be tested and their duration will be developed as a part of our work on Task 1. It is assumed that the coupon test unit will be operated and cycled when exposed to free chlorine disinfectant. It is assumed that each water plant site will include two racks; one blank and one with suggested corrosion inhibitor. Each rack will include mild steel, lead, copper, and ductile iron (cement -lined) sets of coupons. One rack, two locations, for remote sites will be utilized and monitored also. Coupon racks will be fabricated by IRCU and coupons provided by American Water Chemicals, Inc. (AWC), or equal. Coupons will be tested by a third party in accordance with ASTM standards and cleaned in accordance with ASTM G1. It is assumed that coupons will be pulled and tested at 30, 90, and 120 day time frame. The cost of coupon samples will be borne by IRCU. Consultant will attend kick off meeting with staff to discuss installation and monitoring of test racks with IRCU staff. It is assumed that test racks will be delivered to each site and setup and installation will be connected with IRCU staff support. K:\WPB_Civil\General\Miller\Indian River County\Proposals\2015 Coupon Testing IRCU rev3.doc 79 TASK 3 — Evaluate 30 -day, 90 -day, 120 -day Coupon Test Results Consultant will coordinate 30 -day coupon testing and evaluate results of the coupon tests for two phases of testing as described herein. Consultant will review 30 day test results to determine if feed rates of corrosion inhibitor are adequate, and determine if additional adjustments to the test rack are necessary. The cost for testing will be by IRCU. Consultant will determine if 90 day or 120 -day coupon testing is advisable based on the 30 -day test results. Consultant will evaluate the 30 -day and 90/120 day test results and provide a summary of the results for both phases of testing. TASK 4 — Prepare Summary Report and Recommendations Consultant will prepare up to four copies of a corrosion study technical memorandum summarizing the results of both phases of the 120 day investigation and characterizing the potential for lead and copper corrosion of the finished water as well as the impacts the corrosion inhibitors can have on that projected corrosion. Consultant will review and meet to discuss the results and receive comments. Consultant will attend one review meeting with IRCU staff. Recommendations may consist of further coupon testing, or further adjustments to finish water quality goals. Consultant will provide four (4) copies of final report and electronic version in pdf format. SCHEDULE Consultant will complete these tasks in a timely manner and mutually agreed upon schedule. It is anticipated that the scope of services will be complete within eight (8) to twelve (12) months. FEE SCHEDULE Consultant will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 15, 2011, extended and amended November 4th, 2014, with Indian River County. TASK 1 Evaluate Distribution System Water Quality $ 4,700 TASK 2 Coordination - Test Rack Testing $13,100 TASK 3 Evaluate 30 -day, 90/120 -day Coupon Test Results $ 5,500 TASK 4 Prepare Summary Report and Recommendations $ 9,600 TOTAL $32,900 K:\WPB_Civil\General\Miller\Indian River County\Proposals\2015 Coupon Testing IRCU rev3.doc 80 ADDITIONAL SERVICES The following services can be provided as additional services under separate future task order: • Further testing beyond what is listed herein can be provided as additional service. • Additional meetings with IRCU staff, if applicable. • Design of chemical feed systems or alternate treatment systems • Construction of a coupon test unit is not included • Coupon costs not included. K:\WPB_Civil\General\Miller\Indian River County\Proposals\2015 Coupon Testing IRCU rev3.doc 81 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM *� Assistant County Administrator / Department of General Services To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator/6 Date: March 3, 2015 Subject: Agreement for Food Concession Services and Lease Between Indian River County and DiMichelli's Catering, Inc. BACKGROUND: On February 17, 2015, the Board of County Commissioners approved award of Bid #2015024 for Lessee to Provide Food Concession Services at Sandridge Golf Club to DiMichelli's Catering, Inc. DESCRIPTION AND CONDITIONS: The terms of the Lease Agreement are substantially consistent with the terms of the sample agreement advertised with the Request For Proposals. It calls for an initial 5 year term with 5 optional 1 year renewal periods. Monthly rents will be calculated at 10% of the gross food and general beverage sales plus 15% of the alcoholic beverage sales from whatever source generated at Sandridge Golf Club. The attached agreement for operation of concession services at Sandridge Golf Club commences on April 1, 2015. RECOMMENDATION: Staff respectfully requests that the Board authorize its Chairman to sign the Agreement. DISTRIBUTION: Bela Nagy, Sandridge Golf Approved Agenda Item BY: i a _Tr, Joseph A. Baird County Administrator FOR: March 10, 2015 Indian River County Approved Date Administration j C) 35- / s County Attorney '4.1.) 3 _'• 1.N' � Budget -3 Department -� ; - i/1 3/ )4/5. -- Risk Management 1/fLtaPai._ 03-0,,,-/s F:\Assistant County Administrator\AGENDA ITEMS \2015\BCC 03 MAR 2015\BCC Memo - Agreement for Food Concession Services with DiMichelli's Catering Inc.doc 82 AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY AND DI'MICHELLI'S CATERING, INC. THIS AGREEMENT For Food Concession Services and Lease (the "Agreement") is entered into by and between Di'Michelli's Catering, Inc., a Florida Corporation, 9425 Meadowood Drive, Ft. Pierce, FL 34951 (the "Concessionaire") and Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, (the "County") as of the date set forth below as the effective date (the "Effective Date"). BACKGROUND FACTS WHEREAS, Concessionaire is desirous of entering into this Agreement for Food Concession Services and Lease at the Sandridge Golf Club and has represented to the County that it has the competency and experience to perform the services set forth in this agreement; and WHEREAS, the County is the owner of Sandridge Golf Club, 5300 73rd Street, Vero Beach, Florida, 32967 and desires to engage Concessionaire to provide services to the County as more particularly described in this Agreement; and WHEREAS, Sandridge Golf Club accommodates approximately 95,000 rounds of golf annually including over forty golf tournaments and outings per year; and WHEREAS, the County's intent is to select a concessionaire to provide golf course patrons and employees with high quality service and food at an economical price; and, WHEREAS, the concession and food service area has been operated since the golf course first opened in 1987 and it is the desire and intent of the County to enter into this agreement and contract for food service for the facility operated within the Snack Bar and on the golf course at Sandridge Golf Club based on 1,705 square feet of space in the clubhouse and (2) 18 hole golf courses; and WHEREAS, Concessionaire and the County's contact information regarding this Agreement is: FOR COUNTY: Indian River County 1801 27th Street Vero Beach, Florida 32960 TELEPHONE: (772) 770-5003 FAX: (772) 770-5109 FOR CONCESSIONAIRE: Di'Michelli's Catering, Inc. 9425 Meadowood Drive Ft. Pierce, FL 34951 TELEPHONE: (772) 465-7022 FAX: (772) 466-8066 NOW THEREFORE, in consideration of the mutual benefits to be derived from this agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound agree as follows: 1 83 SECTION I - LEASE Background Facts. The Background Facts are agreed to be true and correct are incorporated herein by this reference. 1. Property and Term of Lease. The County leases to Concessionaire and Concessionaire leases from County, the snack bar/concession area at Sandridge Golf Club consisting of approximately 1705 sq. ft. of space inside the Golf Club, as more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein, for a term of sixty (60) months commencing on April 1, 2015 and terminating on March 31, 2020. Concessionaire shall be permitted to operate at other locations at Sandridge Golf club subject to the designation and approval of the County. 2. First Month's Rent. The rent shall be paid as follows: Concessionaire agrees to advance a good faith estimate of the first month's rent in the amount of Two Thousand Dollars ($2,000.00) due on before April 1, 2015 to be offset and adjusted against the actual rent due and payable in accordance with the successive recurring monthly rent calculation as particularly described in Section 3 below. 3. Recurring Monthly Rent Calculation. The monthly rent shall be payable at the rate of ten (10) percent of all food and non-alcoholic beverage gross income and fifteen (15) percent of alcoholic beverage gross income (from whatever source including but not limited to special events and vending operations) per month payable in arrears on the fifth day of each month. If the fifth day of the month is a Saturday, Sunday or a holiday recognized by the County, then on the next business day. After the 5th of the month, a late fee of $50.00 per day will be assessed. The monthly rent payment shall be accompanied by a monthly report of daily receipts in a form similar to the report attached to this lease as Exhibit "B". Daily dated cash register tapes or copies thereof shall be attached to the monthly reconciliation report or retained by Concessionaire for a period of three (3) years and made available for examination to the County upon 24-hour request. The parties agree to make best efforts to connect all transactions contemplated by this Agreement into any "point of sale" system utilized by the County in the Pro Shop and Golf operations. 4. Length of Lease. The Agreement shall be for an original fixed term of five (5) years from the date of execution subject to early termination pursuant to its term, and thereafter renewable for successive one (1) year terms for a maximum term of ten (10) years. However, the County may extend or renew this Agreement with Concessionaire if deemed to be in the best interest of Indian River County. Renewal of the mutually agreeable terms and conditions shall be completed sixty (60) days prior to each Agreement period. 5. Security Deposit. Concessionaire shall pay a security deposit to the County in the amount of $1,000.00. The security deposit is refundable upon termination of this Agreement after satisfactory inspection of the leased premises by County. 6. Use of Leased Premises. During the term of this Agreement, Concessionaire shall use the leased premises for operation of a food concession and banquet facility, etc. Concessionaire 2 84 shall not use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises. Concessionaire may use the leased premises only for Golf Course events and not for any other purpose without prior permission. 7. Business Interruptions. If the golf course is closed due to hurricane or natural disaster, Concessionaire shall receive a credit on its rental payment for each day that the course is closed. The amount of the credit will be based on the daily receipts of the previous week. 8. Utilities, Tables and Beverage Cart. County will provide electrical service, water and sewer services for the leased premises. The County will furnish seating and tables for patrons. County will furnish at least 1 Beverage Cart for use by Concessionaire to sell food, snacks and drinks to golfing patrons at a minimum of 2 days a week. 7. Assignment and Subletting. Concessionaire shall not assign this Agreement or any part thereof to any other person, firm or entity without the County's written permission. Any attempted assignment of the Agreement shall be void and may, at the sole option of the County, be deemed an event of default under the lease. 8. Prohibition on Encumbrances. Concessionaire shall not mortgage, pledge, or encumber the Agreement, in whole or in part, or the leasehold estate granted under the Agreement, to any other person, firm or entity. Any attempt to do so shall be void and may, at the sole option of the County, be deemed an event of default under the Agreement. This covenant shall be binding on Concessionaire's successors in interest. 9. Employees Hired by Concessionaire. All Concessionaire's employees shall be considered to be at all times its sole employees and not employees or agents of Indian River County. Information regarding an employee's experience and qualifications shall also be furnished to County prior to hiring. 10. Complaints Concerning Operations. The County or its representative may submit a written report to Concessionaire enumerating problem areas encountered. Concessionaire will provide written documentation of action to be taken to resolve problems. 11. Termination of Contract. The County reserves the right to terminate this agreement at any time upon a finding of just cause that the Concessionaire has violated the terms of this Agreement which may be appealed to the Board of County Commission upon receipt of written notice from the Concessionaire within 10 days after the postmarked date of mailing a written notice of termination from the County. 12. Bankruptcy. If Concessionaire is adjudged bankrupt, either voluntary or involuntary, the County may terminate this Agreement effective on the day and time the bankruptcy petition is filled and the County may proceed to provide service as previously outlined. 13. Right to Inspect. The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition. 3 85 SECTION II - FOOD CONCESSION OPERATION 1. Services. During the Term of this Agreement, Concessionaire agrees to provide to County the services, including all labor, materials, and supplies required to perform such services, described in the RFP Number 2015024 and Concessionaire's Response to RFP Number 2015024 incorporated by reference herein subject to the specific terms and conditions of this Agreement. 2. Equipment. The County will provide the current equipment for use by the Concessionaire until they need to be replaced. See Exhibit C for a list and life expectancy of the current equipment. Concessionaire shall be responsible for the maintenance of all equipment and for its replacement. Concessionaire shall be responsible for all food preparation equipment needed to operate the facility including but not limited to coolers, sinks, refrigerators, sandwich preparation station, ice machines, etc. This equipment shall include any safety or fire prevention equipment necessary for proper operation. Concessionaire shall furnish all equipment, food, service products, labor and supervision necessary to maintain a food service in an efficient operation. Outside ventilation is not provided. No cooking equipment that requires ventilation such as fryers or grills will be permitted inside the building but such equipment may be used outside of the building. 3. Tournaments and Special Events. Sandridge Golf Club hosts approximately 40 tournaments and special events ("special events") annually. Often times the special events call for breakfast, lunch and/or dinners to be offered to the special event sponsor. The Management of Sandridge Golf Club reserves the exclusive right to offer Concessionaire the opportunity to provide food and beverage services for each special event held at Sandridge Golf Club. Some conditions may be unique to each event and subject to terms mutually agreed upon by Sandridge and Concessionaire. Should the parties fail to reach mutually acceptable terms on any special event, Sandridge may seek an alternate vendor to provide food and beverage services for that special event. Under this election, Sandridge reserves the right to utilize the seating area of the leased premises excluding the use of any equipment owned by the Concessionaire. The election by Sandridge to utilize an alternate vendor for any given special event shall not affect the Concessionaire's right of first refusal to provide food and beverage services at any future special event. Nothing herein shall prohibit Sandridge from providing or accepting donations of food and beverage items for the benefit of any Special Event or Tournament. a. The County will coordinate with Concessionaire to develop a variety of meal and snack menu choices with per person pricing that can be offered to the special event sponsor. Golf Club management will work with the special event sponsor to work out details in reference to beverage distribution and food service for the special event. Sandridge staff will provide Concessionaire with the menu selection and a good faith estimate of the number of meals to be served seven (7) days in advance of the special event. This figure will be updated throughout the week preceding the event, and the final number of meals will be conveyed to Concessionaire on the morning of the special event. The final number of meals will determine the amount Concessionaire will be paid for the special event. 4 86 b. Special event sponsors shall be permitted to offer nominal food and beverage items (such as bottled water, fruit and snacks) to special event participants. Concessionaire shall not be required to assist in distribution of the nominal items. c. The County also reserves the right to use the seating area at no charge for periodic employee meetings and seminars that are deemed to be in the best interest of the County. 4. Daily Menu. At a minimum, Concessionaire shall furnish the following recommended minimum merchandise or other similar type of services for the needs and convenience of the employees and general public at the Sandridge Golf Club. • Food capable of being cooked on a propane gas grill such as hamburgers, chicken and BBQ; delicatessen style sandwiches, hot dogs, chips, candy, soups, salads, donuts, condiments, bagels and other miscellaneous food products. • Beverages (Coke and/or Pepsi, coffee, soft drinks, etc.). • Vending machines for cold beverages and miscellaneous snacks shall be furnished, serviced and maintained. These machines will be located with the approval of the Manager of Golf Operations. A sample menu and price schedule are attached to this agreement. Changes to the menu and price schedule shall be made with the consent of the Golf Course Director, which shall not be unreasonably withheld. 5. Sale of Alcoholic Beverages. Concessionaire may sell alcoholic beverages by obtaining and maintaining its own 4COP liquor license. The terms of this license mandate that 51% of the concessions sold consists of food and there is a minimum seating capacity of 150 persons. Concessionaire shall be responsible for the annual liquor license renewal fee. Concessionaire will sell all alcoholic beverages in strict accordance with the laws of the State of Florida and in strict accordance with all guidelines set forth by the County. Violation of this part of the Agreement shall be cause for immediate termination of this Agreement. A. Concessionaire must provide Alcohol Compliance Training in accordance with the Florida Responsible Vendor Act (F.S. 561.701-706) using services to train employees on the Beverage Laws of the State of Florida. B. Concessionaire will be required to pay all taxes and timely remit any reports or paperwork associated with the sale of alcoholic beverages. Concessionaire shall maintain accurate records relating to the sale of alcoholic beverages. 6. Hours of Operation. Concessionaire shall operate the concession stand at a minimum from 6:45 am to 5:30 pm each day of the year except for Christmas Day. The Director of Golf or Manager of Golf Operations may require a change in days and hours of operation if such a change is desirable in providing the best service to the public. 7. Operation during Emergency. During any federally, State, or locally declared emergency or disaster, the County reserves the right to have the full and exclusive use of the 5 87 Leased Premises for as long as reasonably necessary as the County, in its sole discretion, shall determine, for any appropriate governmental purposes in connection with such Emergency. Concessionaire shall pay no rent during said period. Concessionaire understands that the County has response and recovery obligations before, during and in the immediate aftermath of an Emergency, and that providing for part of the County's food and beverage needs shall be the top business priority of Concessionaire during the Emergency. At the County's request, Concessionaire shall cooperate with the County in Emergency food and beverage planning and shall be open for business during the hours that the County requires in connection with any Emergency to provide food and beverage service, even if the hours required are different from the hours stated otherwise in this agreement. In the event of an Emergency, the County and Concessionaire will mutually agree on the terms, conditions and payment for Concessionaire's service to County. 8. Improvements. On or before October 31, 2015, Concessionaire shall make at a minimum $20,000.00 worth of improvements (not including maintenance and upkeep) to the leased premises. Concessionaire agrees that all improvements and any changes made to the facility shall be at its sole expense and must have the prior approval of the Manager of Golf Operations or his representative. Further, the forgoing approval shall not be deemed to be the approval of the County Building Department or any other regulatory arm of government. 9. Occupational and Other Taxes. Concessionaire shall have a current business tax receipt for each year of the lease term and pay all taxes which shall be imposed or assessed by any and all governmental authorities in connection with the business or operation conducted under this agreement. 10. Compliance with Laws. Concessionaire shall meet all federal, state, county and municipal laws, ordinances, policies, and rules applicable to the operation of the concession. 11. Public Relations. Concessionaire shall maintain good public relations with users of the facility and cooperate with Indian River County officials in all matters pertaining to the area. 12. Garbage and Disposal. Concessionaire shall comply with the standards of franchise garbage and disposal collection specifications. 13. Personal Property. Any and all personal property placed on the premises by the Concessionaire or her employees shall be at their own risk and the County shall not be liable for any damage or loss to said personal property for any cause whatsoever. 14. Appearance of Employees. All of Concessionaire's service employees must be dressed in uniform fashion while on duty. The uniforms must be approved by the County in advance. These employees must always be neat in appearance and present themselves in a manner that is pleasing to the public. They must also abide by all of the standards set forth by the State of Florida for Food Preparation and Service. 6 88 SECTION III - INSURANCE 1. Indemnification and Insurance. Concessionaire shall not commence work until all the insurance required under this section has been obtained, and until such insurance has been approved by the County. Concessionaire will purchase and maintain such insurance as follows: A. Workers' Compensation Insurance: Concessionaire shall procure and maintain workers' compensation insurance to the extent required by law for all her employees to be engaged in work under this agreement. In case any employees are to be engaged in hazardous work under this contract and are not protected under the workers' compensation statute, the Concessionaire shall provide adequate coverage for the protection of such employees. B. Public Liability Insurance: Concessionaire shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this policy with respect to all claims arising out of the operations or work to be performed. Commercial General Liability (other than automobile) i) Premises/Operations ii) Independent Contractors iii) Products/Completed Operations iv) Personal Injury v) Contractual Liability vi) Liquor Liability Business Auto Liability i) Owned/Leased Automobiles ii) Non -Owned Automobiles iii) Hired Automobiles C. D. $500,000 combined single limit for bodily injury and property damage $1,000,000 $500,000 combined single limit for bodily injury and property damage 2. Proof of Insurance. Concessionaire shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by Concessionaire must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement naming County as Additional Insured must accompany the Certificate of Insurance. 3. General Requirements of Insurance. Any deductibles or self insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to Concessionaire. Concessionaire's insurance coverage shall be primary. All above insurance policies shall be placed with insurers with a Best's rating of no less that A - VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be per occurrence policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department within ten days of execution of this Contract. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian 7 89 River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. A. Concessionaire hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from intentional, reckless or negligent acts, errors or omissions of the Concessionaire or Concessionaire's Representatives in the performance of services under this agreement and for which Concessionaire is legally liable. 2. Insurance Requirements for County. Concessionaire acknowledges that County is a political subdivision of the State of Florida and as such, is entitled to certain protection from liability under Florida law. To the extent allowed by law, the County hereby agrees to indemnify Concessionaire from claims arising from the negligent acts, errors or omissions of the COUNTY in the performance of the services under this agreement and for which County is legally liable. Additionally, the County hereby states that its improvements are adequately insured against loss whether through self insurance or excess coverage. 3. Indemnification of County. Concessionaire shall indemnify and hold harmless the County from all suits, actions or claims including reasonable attorney's fees, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said successful bidder or by or in consequence of any liability losses, misconduct or negligent act or omission of Concessionaire, her agents or employees in connection with the operation of the food service concession. 4. Notice of Claims. County and Concessionaire shall give prompt notice to the other of any third party claims made against either or both of them, and shall cooperate fully with each other and with any insurance carrier to the end that all such claims will be properly investigated, defended and adjusted. 5. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a cause for termination of this agreement. SECTION IV - COUNTY RESPONSIBILITIES 1. Obligations to Provide Facilities. County, at its sole cost and expense, shall be responsible for providing safe and adequate facilities required by Concessionaire to perform the Services under this Agreement. These facilities shall include, without limitation, workspace and other facilities that adhere to current federal and state safety standards. County shall cooperate at all times with Concessionaire to provide a safe and adequate work environment for Concessionaire's employees and others who work on or around the Course. Concessionaire has inspected County's facilities and agrees that they are adequate facilities needed to perform the services under this agreement and the facilities adhere to current federal and state safety standards. 2. Emergency Maintenance. At any time during this agreement, if the County determines that any portion of the golf club house is in immediate jeopardy of sustaining some type of serious harm due to a maintenance failure of Concessionaire, the County may utilize its own work force to go on the leased premises and perform such tasks as are necessary to prevent such 8 90 serious harm from taking place. The costs of such preventative maintenance shall be itemized by the County and submitted to Concessionaire, which shall be paid within thirty days. SECTION V - DEFAULT, REMEDIES 1. Default by Concessionaire. In the event Concessionaire is in default under the terms of this Agreement, after thirty (30) days written notice and opportunity to cure, County may, in addition to any right of termination provided in this Agreement, maintain an action for damages arising from the default. 2. Default by County. In the event that County is in default under the terms of this Agreement after any grace period or notice and cure period expressly provided herein, Concessionaire may, in addition to any right of termination contained in this Agreement, exercise any right or remedy available at law or equity including, without limitation, an action for damages arising out of the breach. SECTION VI - MISCELLANEOUS 1. Any written consent, approval or instruction issued by County's representation identified in Recital C of this Agreement shall be binding to the same extent as if given by County. County may change the designated County's representative by written notice to Concessionaire. 2. In connection with this Agreement, the parties agree to cooperate in good faith and to perform no act, or allow any omission, which would inhibit the other party from performing its obligations under this Agreement. 3. This Agreement, together with the Exhibits and Response to Request for Proposal constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of County and Concessionaire by their respective duly authorized representatives. 4. Any notice which either party is required or may desire to give to the other under this Agreement shall be in writing and shall be given by registered or certified mail, return receipt requested, postage prepaid, addressed to the party at its address shown on the First Page of this Agreement. If County or Concessionaire wish to change its respective address for purposes of notice under this Agreement, they may do so by giving to the other written notice of change of address. 5. Nothing in this Agreement shall be construed to create a partnership, a joint venture or agency relationship between the parties. Neither party shall have any authority to enter into agreements on behalf of the other, or otherwise to bind or obligate the other in any manner. The language of this Agreement shall not be construed more strongly against either party, regardless of which party is responsible for its drafting. 6. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no 9 91 waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 7. The parties agree that any litigation arising from this Agreement shall be brought in Indian River County Florida. 8. In the event of acts or occurrences not caused by County or beyond the control of Concessionaire, including, without limitation, acts of God, fire, flood, hurricanes, ice storms, severe, unusual or unseasonable weather or climatological changes that prevents Concessionaire from performing its duties under this agreement, Concessionaire shall be excused from the performance under this Agreement during the period of such acts or occurrences and for reasonable times thereafter, unless Concessionaire and County can agree on such other duties that can be performed by Concessionaire. If Concessionaire is unable to perform its duties under this agreement for more than 15 consecutive days due to the acts or occurrences, County may terminate this agreement. 9. In the event of the sale or other transfer of control over the Course, County will assign this Agreement to the purchaser or transferee, and upon such assignment and the written assumptions by the purchaser of all the obligations of County to Concessionaire hereunder, County shall be fully released and relieved of all obligations hereunder arising from and after the date of the assignment. 10. Concessionaire shall be responsible for obtaining, and shall pay for, any such permits, fees, and licenses required to operate all business contemplated by this Agreement. 11. Concessionaire agrees to maintain all books, documents, papers, records, and accounts pertaining to work performed under this Agreement, including property, personnel, and financial records, as are deemed necessary by the County to insure proper accounting for all funds expended under this Agreement and in such a manner as will readily conform to the terms of this Agreement. Said records and materials shall be available, upon request for audit or inspection purposes to Indian River County, its authorized representatives, and its auditors at Concessionaire's office at all reasonable times during the term of this Agreement, and for three (3) years from the date of final payment. 12. Concessionaire agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. 13. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of Concessionaire to the County is that of independent contractor, and not that of employee. 14. If any of the provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not 10 92 affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. REMAINDER OF PAGE LEFT BLANK 11 93 In witness, the County and Concessionaire have caused these presents to be executed in their names the year first written above. Concessionaire BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Di'Michelli's Catering, Inc. Wesley S. Davis, Chairman Juliann Freitas, President Board of County Commissioners WITNESS: WITNESS: Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney Approved by the BCC: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: 12 Deputy Clerk of Court APPROVED: >eph A. Baird, County Administrator 94 / ."> EXHIBIT A 22, ‘;‘,./ \Kr: S1-.01416'2 / . - -, . ,i .. ; 1 -';' 1---/ F--- - -1,--H Q.C.O. C , Li 4. 4. .0. 777 13VT12 370-7 \ SVJ - ; ICE • , i , I --,, 2-V7 0 EA/ ;-torr cw S:PPL. T I E 95 O OCO O EXHIBIT B - (Page 1 of 3) O t ca x O N c O - N N L NaJ O O m Q L V) o U N o c aJ Check Number IE v m O Z W;o cc_c N QJ O 0 (i Z > co o 0 N ▪ N O 0 Z Q N N co L N a) - N to(13 c H v) ,, ~ J I 1 �I • v 1 Ii 1 � I I 0 0 1-1 0 0 u- -76 4-, 0 - 0 H CA - cu CU m 0 N 1- 03 x o H a) c6 N o Total Gross 96 0 O CO0 EXHIBIT B - (Page 2 of 3) - Tess Sales Less 15% O NN o LO ToI o Q C7 NI I N o -0 Q Y/LL 0O t Z O C 0 a) 41 ai O 0 0 0I O Z U v v) Q 00 Less 7% I Less Sales Event Date I r I i i I I I I I I f t 1 -- T Alcohol ; Total Due 15% IRC 76 O 0 LL 1.-, Z 3 m 0 v) coTo iX O N (0 V1 0 C7 _v Ti f0 0 t 97 04/01/2015( 04/30/2015 EXHIBIT B - (Page 3 of 3) COMBINED TABULATION O O O O O z U OZQ 0 0 0 z cv L1 Q TO 61 N I i I Less Sales i Bev Gross 4 1 — - ,- X r. 'nn W v m J N O L (D Q I I 0 I I j ! L L 0 u Food 10% Tot - 98 EXHIBIT C LIST OF CURRENT EQUIPMENT IN SNACK BAR AT SANDRIDGE GOLF CLUB EQUIPMENT TO BE MAINTAINED BY CONCESSIONAIRE NAME OF EQUIPMENT DATE PURCHASED ASSET # Beer Dispenser 11/30/2004 22237 Hobart 161 Meat Slicer 9/16/1987 9362 Sandwich Prep Table 2/5/2007 23645 EQUIPMENT PROVIDED BY COCA-COLA Two (2) Refrigerated Beverage Coolers Fountain Soda Machine Fountain Soda Gun Ice Bin EQUIPMENT TO BE OWNED AND MAINTAINED BY COUNTY Ice -O -Matic Ice Machine WALK-IN COOLER 8/16/2012 01/2015 26525 99 �- INDIAN RIVER COUNTY CONSENT MEMORANDUM TO: Joseph Baird, County Administrator r FROM: Colleen Peterson, Human Resources Manager a DATE: March 9, 2015 SUBJECT: Authorize County Administrator to Execute the Business Associate Agreement and Confidentiality Agreement pertaining to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Staff seeks approval for the County Administrator to execute the Business Associate Agreement and Confidentiality Agreement pertaining to HIPAA at the March 17, 2015 regular meeting of the Board of County Commissioners. Background The Business Associate Agreement and Confidentiality Agreement are required in order to comply with requirements under HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH). The Privacy Rule establishes national standards to protect individuals' medical records and other personal health information. The Privacy Rule applies to health plans, health care clearinghouses, and health care providers that conduct health care transactions electronically. The HIPAA Privacy Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The HIPAA Rules require that covered entities and business associates enter into contracts with their business associates to ensure that the business associates will appropriately safeguard protected health information (PHI). The business associate contract also serves to clarify and limit, as appropriate, the permissible uses and disclosures of Protected Health Information by the business associate, based on the relationship between the parties and the activities or services being performed by the business associate. The Business Associate Agreement will protect Indian River County BOCC and the Gehring Group with regard to the proper handling and disclosure of PHI and Electronic PHI by the Gehring Group on behalf of BOCC. The Confidentiality Agreement is a tri -party agreement between Indian River County BOCC, Benefits Workshop (service provider) and the Gehring Group. Benefits Workshop provides the Flexible Spending Accounts (FSA) for unreimbursed medical expenses. This agreement specifies how PHI and Electronic PHI concerning employees who have FSAs or benefit policies will be handled and disclosed on behalf of Indian River County BOCC by both the Gehring Group and Benefits Workshop as our service provider. The indemnification clause in the agreement, 3.11, applies to Benefits Workshop only. Recommendation Staff recommends that the Board authorize the County Administrator to execute the agreements in order to comply with requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). ATTACHMENTS: Business Associate Agreement and Confidentiality Agreement APPROVED FOR AGENDA: oseph A. Baird, County Administrator Date Admin. Approval, fjC Date /1'c Legal t)., 3 Budget 15 0 Dept. 0 /ii /S--- SRisk RiskMgmt. iij , , ez.osis 100 BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (the "Agreement") by and between Indian River County BOCC, ("Client"), and The Gehring Group, Inc. ("Gehring Group") is made and entered into effective August 15, 2014. RECITALS WHEREAS, Client is a "covered entity" as those terms are defined in 45 C.F.R. § 160.103; and WHEREAS, Gehring Group provides consulting services to Client; and WHEREAS, as a result of such functions, Client has identified Gehring Group as a "business associate," as defined in 45 C.F.R. § 160.103, of Client for purposes of the privacy and security requirements under the Health Insurance Portability and Accountability Act of 1996, (HIPAA) as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) and the regulations issued thereunder; and WHEREAS, Gehring Group acknowledges that it is a business associate, as defined in 45 C.F.R. § 160.103, of Client that may create, use, or disclose Protected Health Information or Electronic Protected Health Information on behalf of Client; and WHEREAS, Client desires to obtain written assurances that Gehring Group will safeguard Protected Health Information or Electronic Protected Health Information created or received by or on behalf of Client. NOW, THEREFORE, the parties agree as follows: 1. DEFINITIONS 1.1 "Breach" shall have the meaning set forth in 45 C.F.R. § 164.402. 1.2 "Data Aggregation" shall have the meaning as the term "data aggregation" in 45 C.F. R. § 164.501. 1.3 "Designated Record Set" shall mean a group of health-related records about an Individual as provided in 45 C.F.R. § 164.501. 1.4 "Electronic Health Record" shall mean an electronic record of health-related information with respect to an Individual that is created, gathered, managed and consulted by authorized healthcare clinicians and staff. 1.5 "Electronic Protected Health information" or "Electronic PHI" means information that Gehring Group or its agent, including a subcontractor, creates, receives, maintains or transmits from or on behalf of Client that comes within paragraphs 1(i) or 1(ii) of the definition of "protected health information" at 45 C.F.R. § 160.103. Page 1 of 8 17535410v.1 101 1.6 "Genetic Information" shall have the meaning assigned to such term in 45 C.F.R. § 160.103. 1.7 "H1PAA" shall mean the health information privacy provisions under the Health Insurance Portability and Accountability Act of 1996, and regulations issued thereunder at 45 C.F.R. Parts 160 and 164, as amended by HITECH. 1.8 "H1TECH" shall mean the Health Information Technology for Economic and Clinical Health Act and the regulations issued thereunder. 1.9 "Individual" shall mean a person who is the subject to the Protected Health Information of the Client, and shall include a person who qualifies as the Individual's personal representative in accordance with 45 C.F.R. § 164.502(g). 1.10 "Limited Data Set" shall have the meaning assigned to such term in 45 C.F.R. § 164.514(e)(2). 1.11 "Protected Health Information" or "PI -11" shall have the same meaning as the term "protected health information" in 45 C.F.R. § 160.103, limited to the information created or received by Gehring Group from or on behalf of Client. Genetic Information shall be considered PHI. 1.12 "Required by Law" shall mean a mandate contained in an applicable state, federal, or local law that compels Client (or business associates acting on behalf of Client) to make a use or disclosure of PHI that is enforceable in a court of law. 1.13 "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system, as defined at 45 C.F.R. § 164.304. However, certain low risk attempts to breach network security, such as the incidents listed below, shall not constitute a Security Incident under this Agreement, provided they do not penetrate the perimeter, do not result in an actual breach of security and remain within the normal incident level: • pings on the firewall; port scans; • attempts to log on to a system or enter a database with an invalid password or username; • denial -of -service attacks that do not result in a server being taken off-line; and • malware such as worms or viruses. 1.14 "Subcontractor" shall have the meaning as the term in 45 C.F.R. § 160.103. Page 2 of 8 17535410v.1 102 1.15 "Unsecured Protected Health Information" or "Unsecured PHI" shall have the meaning assigned to such term in 45 C.F.R. § 164.402 and guidance issued thereunder. 2. OBLIGATIONS OF THE PARTIES 2.1 Gehring Group shall safeguard all PHI and Electronic PHI created or received by Gehring Group on behalf of Client in accordance with HIPAA. Gehring Group shall implement administrative, physical and technical safeguards that prevent use or disclosure of the Electronic Protected Health Information other than as permitted by the Security Rules. Specifically, Gehring Group agrees to implement policies and procedures in accordance with 45 C.F.R. § 164.316 that: i. Prevent, detect, contain and correct security violations in accordance with the administrative safeguards set forth in 45 C.F.R. § 164.308; ii. Limit physical access to electronic information systems and the facility or facilities in which they are housed, while ensuring that properly authorized access is allowed in accordance with the physical safeguards set forth in 45 C.F.R. § 164.310; and iii. Allow access to electronic information systems that maintain Electronic PHI to only those persons or software programs that have been granted access rights in accordance with the technical safeguards set forth in 45 C.F.R. § 164.312. 2.2 Gehring Group shall not use or disclose PHI or Electronic PHI except as permitted or required by Article 3 of this Agreement or as Required by Law. Gehring Group shall notify Client of all requests for the disclosure of PHI and Electronic PHI from a law enforcement or government official, or pursuant to a subpoena, court or administrative order, or other legal request as soon as possible prior to making the requested disclosure. Gehring Group shall provide to Client all PHI and Electronic PHI necessary to respond to these requests as soon as possible, but no later than ten (10) business days following its receipt of a written request from Client. 2.3 Client shall provide to Gehring Group, and Gehring Group shall request from Client, disclose to its affiliates, subsidiaries, agents and subcontractors or other third parties, only a Limited Data Set or, if necessary or otherwise permitted by HHS regulations, the minimum PHI or Electronic PHI necessary to perform or fulfill a specific function required or permitted under the Agreement. "Minimum necessary" shall be interpreted in accordance with HITECH, and in any event shall not include any direct identifiers of individuals such as names, street addresses, phone numbers or social security numbers, except for a unique identifier assigned by Client as necessary for the strategic analysis. 2.4 Gehring Group shall comply with all granted restrictions on the use and/or disclosure of PHI, pursuant to 45 C.F.R. § 164.522(a), upon written notice from Client; provided, however, that Client shall not grant any restriction that affects Gehring Group's use or disclosure of PHI without first consulting with Gehring Group. Page 3 of 8 17535410v.1 103 2.5 Gehring Group shall comply with all granted requests for confidential communication of PHI, pursuant to 45 C.F.R. § 164.522(b), upon written notice from Client. 2.6 Gehring Group shall report to Client any use or disclosure of PHI not permitted by this Agreement of which Gehring Group becomes aware within fifteen (15) business days of its becoming aware, and will take such corrective action necessary, or as reasonably directed by Client, in order to prevent and minimize damage to any Individual and to prevent any further such occurrences. 2.7 Following the discovery of a Breach of Unsecured PHI, Gehring Group shall notify the Client without unreasonable delay and in no case no later than fifteen (15) days after discovery of the Breach. The notification shall include the identification of each Individual whose Unsecured PHI has been or is reasonably believed by Gehring Group to have been accessed, acquired, used or disclosed during the Breach. Gehring Group shall provide the Client with any other available information that the Client requires to notify affected individuals under the Privacy Rule. 2.8 Gehring Group shall make reasonable efforts to mitigate, to the extent practicable or as reasonably directed by Client, any harmful effect that is known to Gehring Group resulting from a breach of this Agreement or HIPAA that is directly caused by Gehring Group. 2.9 Gehring Group shall report to Client any Security Incident within five (5) business days of when it becomes aware of such Security Incident. Gehring Group shall mitigate to the extent practicable or as reasonably directed by Client any harmful effect that is known to Gehring Group of a Security Incident by Gehring Group. 2.10 Gehring Group shall ensure that any Subcontractor performing services for Client agrees in writing to the same restrictions and conditions that apply to Gehring Group with regard to its creation, use, and disclosure of PHI and Electronic PHI in accordance with 45 C.F.R. §§ 164.308(b)(2), 164.502(e)(1)(ii) and 164.504(e)(5). Gehring Group shall, upon written request from Client, provide a list of any Subcontractors with whom Gehring Group has contracted to perform services for Client. Gehring Group shall advise Client if any Subcontractor breaches its agreement with Gehring Group with respect to the disclosure or use of PHI or Electronic PHI. If Gehring Group knows of an activity or practice of its Subcontractor that constitutes a material breach or violation of the Subcontractor's duties and obligations under its agreement with the Subcontractor ("Subcontractor Material Breach"), Gehring Group shall cure the breach or provide a reasonable period for Subcontractor to cure the Subcontractor Material Breach; provided, however, that if Gehring Group cannot, or Subcontractor does not, cure the Subcontractor Material Breach within such period, Gehring Group shall terminate the agreement with Subcontractor, if feasible, at the end of such period. 2.11 Gehring Group shall, upon written request from Client, provide to Client a copy of any PHI or Electronic PHI in a Designated Record Set, as defined in 45 C.F.R. § 164.501, created or maintained by Gehring Group, and not also maintained by Client, within thirty (30) days of receipt of the request. Page 4 of 8 17535410v.1 104 2.12 Gehring Group shall, upon written request from Client, make any amendment to PHI in a Designated Record Set maintained by Gehring Group within thirty (30) days of receipt of the request unless Gehring Group can establish to Client's satisfaction that the PHI at issue is accurate and complete. 2.13 If an Individual's PHI is held in an Electronic Health Record, Gehring Group shall provide requested copies in electronic format to the individual or to an entity or person designated by the Individual, provided such designation is clearly and conspicuously made by the Individual or Client. 2.14 Gehring Group shall make its internal practices, written policies and procedures, books, records, and other documents relating to the use and disclosure of PHI and/or Electronic PHI created or maintained by Gehring Group on behalf of Client available to the Secretary of the Department of Health and Human Services, or his or her designee, for purposes of the Secretary determining Client's compliance with HIPAA. 2.15 Gehring Group shall make available the information required to provide an accounting of disclosures made on and after the Effective Date, as necessary for Client to comply with 45 C.F.R. § 164.528, within twenty (20) business days of receipt of the request. Gehring Group shall provide one such accounting within a twelve month period without charge, but may make a reasonable charge for any additional such accountings within the same twelve month period. 2.16 Gehring Group shall maintain all records, other than those records that are also maintained by Client, for six (6) years from the date created or last in effect, whichever is later, as necessary for Client to comply with 45 C.F.R. § 164.530(j)(2). 3. PERMITTED USES OF PHI 3.1 Gehring Group may use and disclose PHI and Electronic PHI as necessary to provide services to Client, subject to Section 2.3 of this Agreement and consistent with the requirements of HIPAA. 3.2 Gehring Group may use and disclose PHI and Electronic PHI as necessary for the proper management and administration of Gehring Group or to carry out Gehring Group's legal responsibilities, subject to Section 2.4 of this Agreement and consistent with the requirements of HIPAA; provided, however, that Gehring Group may disclose the PHI and Electronic PHI for such purposes only if: i. the disclosure is Required by Law, or ii. Gehring Group obtains reasonable assurances that the party to whom the PHI or Electronic PHI is disclosed (a) will protect the confidentiality of the PHI and Electronic PHI, (b) will not further disclose the PHI or Electronic PHI except as Required by Law or for the purposes for which it was disclosed to the other party, and (c) will report any improper use or disclosure of the PHI and/or Electronic PHI to Gehring Group. Page 5 of 8 17535410v.1 105 3.3 Except as otherwise limited in this Agreement, and to the extent provided for under this Agreement, Gehring Group may use PHI and Electronic PHI to provide Data Aggregation services to Client, as permitted by 42 C.F.R. § 164.504(e)(2)(i)(B). 4. TERMINATION OF AGREEMENT 4.1 Except as described in Section 4.3, this Agreement shall continue in effect so long as Gehring Group provides service to Client involving maintaining, using or disclosing PHI or Electronic PHI, or otherwise retains a copy of PHI or Electronic PHI provided to Gehring Group by Client. 4.2 Client may terminate this Agreement at any time if Client discovers that Gehring Group has materially breached any provision of this Agreement. 4.3 If Gehring Group becomes aware of a pattern of activity or practice of the Client that constitutes a material breach or violation of the Client's duties and obligations under the Agreement, Gehring Group shall take reasonable steps and provide a period of thirty (30) calendar days for the Client to cure the material breach or violation. If the Client does not cure the material breach or violation within such 30 -day period, Gehring Group shall terminate the Agreement, if feasible, at the end of such 30 -day period. 4.4 Upon the expiration of Client's relationship with Gehring Group, and contingent upon the payment of all outstanding fees, Gehring Group shall return PHI and Electronic PHI to Client or Client's designated agent upon Client's request. If return of all PHI and Electronic PHI is not feasible, the provisions of this Agreement shall continue to apply to Gehring Group until such time as all PHI and Electronic PHI is either returned to Client or destroyed pursuant to Gehring Group's document retention policy, provided that Gehring Group shall limit further use of PHI and Electronic PHI only to those purposes that make the destruction or return of the PHI and Electronic PHI infeasible. Following the expiration of the relationship, Gehring Group agrees not to disclose PHI and Electronic PHI except to Client or as Required by Law. 5. NOTICES Whenever, under this Agreement, Gehring Group is required to give notice to Client, such notice shall be sent via First Class Mail to: Indian River County BOCC 1800 27th Street Vero Beach, FL 32960 Attention: Privacy Officer Whenever, under this Agreement, Client is required to give notice to Gehring Group, such notice shall be sent via First Class Mail to: Katherine Bellantoni, Privacy Officer Gehring Group, Inc. 11505 Fairchild Gardens Ave. Page 6 of 8 17535410v.1 106 Suite 202 Palm Beach Gardens, FL 33410 6. INDEMNIFICATION Gehring Group agrees to indemnify Client, and any employees, directors, officers of Client (collectively "Client Indemnitees"), against all actual and direct losses resulting from or in connection with any breach of this Agreement by Gehring Group, or its partners, employees or other members of its workforce. Actual and direct losses shall include, but shall not be limited to, judgments, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) which are imposed upon or incurred by Client Indemnitees by reason of any suit, claim, action, investigation, or demand by any Individual, government entity, or third party. This obligation to indemnify shall survive the termination of this Agreement. To the extent permitted by law, Client agrees to indemnify Gehring Group and any employees, directors, officers of Gehring Group (collectively "Gehring Group Indemnitees") against all actual and direct losses resulting from or in connection with any breach of this Agreement by Client, or any violation of HIPAA resulting from any improper use or disclosure of PHI and Electronic PHI pursuant to Client's direction. Actual and direct losses shall include, but shall not be limited to, judgments, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) which are imposed upon or incurred by Gehring Group Indemnitees by reason of any suit, claim, action, investigation, or demand by any Individual, government entity, or third party. This obligation to indemnify shall survive the termination of this Agreement. 7. GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the laws of Florida. Jurisdiction and venue for any dispute relating to this Agreement shall rest exclusively with the state courts of Indian River County, Florida and the federal courts of the Southern District of Florida, as applicable. 8. AMENDMENT The parties agree to negotiate in good faith any amendments necessary to conform this Agreement to changes in applicable law. Gehring Group further agrees to promptly attempt to amend its agreements with its subcontractors and agents to conform to the terms of this Agreement. In the event Gehring Group is unable to amend this Agreement or its agreements with its subcontractors in a way that is sufficient to satisfy the requirements under HIPAA, Client may terminate this Agreement in accordance with Section 4 upon thirty (30) days written notice. 9. TERMS OF AGREEMENT GOVERN Any ambiguity in this Agreement shall be resolved in a way that permits compliance with HIPAA. In the event of a conflict between the terms of this Agreement and any other contract or agreement between Client and Gehring Group, this Agreement shall govern. 17535410v 1 Page 7 of 8 107 10. REGULATORY REFERENCES A reference in this Agreement to a section in the Privacy Rules or Security Rules means the section as in effect or as amended, and for which compliance is required. * * * IN WITNESS HEREOF, the parties have executed this Agreement by their respective duly authorized officers or representatives. CLIENT GEHRING GROUP, INC. By: Title: Date: 17535410v.1 Page 8 of 8 By: Title: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 108 Office of Cou.enr 01/ I0/ 20/ INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: MEMORANDUM rd of County Commissioners William K. DeBraal, Deputy County Attorney March 5, 2015 Indian River County Airboat Association, Inc. Sand Lakes Conservation Tract Lease Pursuant to your request at the March 3, 2015 Board of County Commissioners meeting, attached for your review and approval is the proposed Sand Lakes Conservation Tract Lease with the Indian River County Airboat Association, Inc. Please contact me if you have any questions. Attachment Copies to: Indian River County Airboat Association, Inc. P.O. Box 291 Fellsmere, FL 32948 •z VROVED FOR c ' 0 ( B. ;.e 1NG SENT AGENDA COUNTY ATTORNEY 109 LEASE AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND INDIAN RIVER COUNTY AIRBOAT ASSOCIATION, INC. AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT This Lease Agreement ("Lease") is entered into by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereafter "County" and St. Johns River Water Management District, a public body existing under Chapter 373, Florida Statutes, whose mailing address is Post Office Box 1429, Palatka, Florida 32178-1429 ("District") and the Indian River County Airboat Association, Inc., a Florida non-profit corporation, whose address is P.O. Box 291, Fellsmere, Florida 32948 ("Airboat Association"). NOW THEREFORE, the County, the District and the Airboat Association, for the considerations hereafter set forth, agree as follows: 1. TERM: This Lease shall apply to the following dates: April 24-26, September 4-6, October 2-4, December 4-6, 2015 and shall remain in effect as outlined in Attachment A — Youth Hunting Program of Florida Youth Hunt Announcement Form. 2. LEASED AREA: The land subject to this Lease, generally known as the Sand Lakes Conservation Tract is approximately 1,256 acres in Indian River County, Florida, as more particularly outlined on the map provided in Attachment B attached hereto (the "Premises"). 3. USE OF LEASED AREA: The Airboat Association shall use the Premises to hold Airboat Association -sponsored activities as described in Attachment A — Youth Hunting Program of Florida Youth Hunt Announcement Form. The Airboat Association's use of the Premises shall be consistent with and not interfere with the District's management plan for the land. During the term of the Lease, the County and the District shall not interfere with the exclusive uses of the land by the Airboat Association except that in an emergency situation, the County and the District reserve the right to access the property during the term of the Lease without notice to Airboat Association. The term "emergency" shall mean those situations, such as wildfire, vandalism, or dangerous trees, that will, in the sole opinion of the County and the District, have an immediate and irreparable adverse impact on the Premises or which require the protection of human life in imminent danger or other such exigent circumstances of grave consequence. 4. Rental Rate. Airboat Association shall pay County and District (Landowners) the sum of One Dollar ($1.00) per each time the Premises is leased, payable in advance. 5. CONTROL OF THE PREMISES. Airboat Association shall be responsible for the control, maintenance, security, and management of the Premises, and is responsible that all activities conducted on the premises are conducted in a safe manner. The Airboat Association shall also be exclusively responsible for notifying the public via a sign at the access point that the area is closed during the lease period and exclusively responsible for removing any signage that is posted to do that. The County and the District shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises. 6. STRUCTURES: The Airboat Association shall obtain prior approval from the County and the District before using any facilities located on the premises. The Airboat Association Page 1 of 4 110 shall obtain prior approval from the County and the District before locating any temporary structures intended to remain on the Premises following the end of a rental period. No structure shall be located permanently on the Premises without the prior written approval of the County and the District. 7. GENERAL MAINTENANCE: The Airboat Association shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for Airboat Association - sponsored youth hunts. Dead animals and parts of dead animals must be disposed of off-site or in a location coordinated with the District's Land Manager. Further, except as approved in writing by the County and the District, the Airboat Association shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing vegetation by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the Airboat Association shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Lease. Nothing contained herein shall be construed as a waiver of any limitation that the Airboat Association or the County and the District may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. 9. TERMINATION: Each party may terminate this Lease by giving written notice to the other parties specifying the termination date, by mail, at least thirty (30) days prior to the termination date specified in the notice. Each party hereto shall have the right to immediately terminate this Lease upon written notice to the other parties in the event of such party's act of fraud or willful misconduct, or breach of this Lease. 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the fo8llowing addresses: Landowners Airboat Association Indian River County P.O. Box 291 1801 27th Street Fellsmere, Florida 32948 Vero Beach, Florida 32960 St. Johns River Water Management District P. O. Box 1429 Palatka, Florida 32178-1429 11. MODIFICATION OF LEASE: No waiver or modification of this Lease or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Lease may be unilaterally canceled by the either party to this Lease for refusal by the other party to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the other party in conjunction with this Lease. Page 2 of 4 111 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Lease shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. NON-DISCRIMINATION: No person, on the grounds of race, creed, color, national origin. age, sex, 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 Lease. 15. SEVERABILITY AND CHOICE OF VENUE: This Lease has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Lease shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Lease shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Lease Any action in connection herewith, in law or equity, shall be brought in Indian River County, Florida. 17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Lease be construed to grant any rights, privileges or interest to any third party. 18. JURY TRIAL WAIVER: As consideration of this Lease, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Lease. 19. ENTIRE AGREEMENT: This Lease with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Lease shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Signatures On Following Pages Page 3 of 4 112 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed through their duly authorized signatories on the day and year last written below. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AIRBOAT ASSOCIATION, INC. INDIAN RIVER COUNTY, FLORIDA By: Chad Smalley Wesley S. Davis, Chairman Vice President ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: C'(,.2.,.,c,.,..Q r 1 eph A. Baird, County Administrator Approved as to Form and Lega ufficiency: i liam K. DeBraal Deputy County Attorney Approved by BCC Page 4 of 4 113 • • ola ==O AZO. Landowners will: Then, let us assist you in: .0 b oo o �° . o o d wo d 0) d vo y Ivo O , 01 4-,. I. a)) ca i v m>. c11 -3w 0 °oN A ti M 0 e y O R ;a 6 .0 w d 4"d w. , y 0 )0 y y00 N, 2 O (%] eto as yd o. 0 O v o.0 w ea ��y XI .c$ a) E ° • " NOW 'g be O 0 .0 > .� 10 viaC a) F' V 4 U G' O O N M • • • o c 7 >x Our volunteers: Get involved N ro o2 ia . 1'7'1 c.) 0 d d 0['y Y CLE) CU 4) 0 o > o ■ • ■ Serve as guides ■ Provide medical ex ■ Serve as cooks -3 �0)0 0) �b gl t4 �.. u; .0t,.0 NUx C •b o e + .aa". 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C/) .s+ S O • • • • 115 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Division of Hunting and Game Management — Hunter Safety Section YOUTH HUNT ANNOUNCEMENT FORM (Exhibit A) DETAILS OF YOUTH HUNT Name of Ranch/Hunting Club: Dates of Youth Hunt: Emergcncy Phone tt During Youth I lent: Location of Youth Hunt (Nearby City/Town and County — Attach Map of Property for Exhibit B) Approximate acreage: Landowner Contact Information (LANDOWNER Name, Address, Street) State Zip Agency Representative: Agency Representatives Phone Assigned Huntmaster(s): Huntmaster Phone (please include area codes) Days Evening Cell Hunt Information Type of Hunt (deer, dove, duck, squirrel, quail, turkey, etc. - be specific listing sex [if applicable] and quantities desiring to he ban ested.) Number of youth hunters supplied by landowner: Number of youth hunters supplied by YHPF: Total number of youth hunters: Will hunters be camping? ❑ Yes ❑ No Is there fishing access that the LANDOWNER authorizes COMMISSION to use? ❑ Yes ❑ No Are there cooking facilities that LANDOWNER authorizes COMMISSION to use? ❑ Yes ❑ No If yes, please describe: Will Huntmaster need cooking equipment, food or help making food arrangements? ❑ Yes ❑ No if yes, please describe: Are there lodging facilities that LANDOWNER authorizes COMMISSION to use? ❑ Yes ❑ No If yes, please describe: Will Huntmaster need camping supplies and/or equipment from YHPF? ❑ Yes ❑ No If yes, please describe: Are there game cleaning facilities that LANDOWNER authorizes COMMISSION to use? ❑ Yes ❑ No If yes, please describe: Are there permanent hunting stands that LANDOWNER authorizes COMMISSION to use' ❑ Yes ❑ No If yes, please describe : Will Huntmaster need hunting supplies and/or equipment from YHPF? ❑ Yes ❑ No If yes, please describe: Youth Hunting Program of Florida c/o Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, FL 32399-1600 (850) 413-0084 (850) 413-7989 (fax) MyFWC.com Rev. 7.29.705 116 EXHI31 " 1. . •- iii 13.75. 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S Akta Aka 7,-st"4 'L 2.:03 1: 51 IC,' 8 Final Board Approval December 2008 117 February 27, 2015 Mr. Joe Baird, County Administrator Indian River County 1840 25th St Vero Beach, Florida 32960 Sheriff Deryl Loar Indian River County RE: Notice of Request to be placed on the March 10, 2015 Board of County Commission Agenda Dear Mr. Baird, Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental Agencies portion of the March 10, 2015 BOCC agenda. Indian River County Sheriff's Office is applying for the Florida Traffic Safety Grant funded by the Florida Department of Transportation. This grant, if approved, will provide funds to purchase three radar display trailers and an automated license plate reader system. The total dollars earmarked for this grant is $57,187.00. The application, along with the Indian River County Finance Office grant form, is included with this request. Should you have any questions, please contact Planner, Amber Grier, at 772-978-6214. Thank you for your assistance. Sincerely, Deryl Loar, Sriff Indian River County DL/amg Enclosure cc: file 4055 4ls` Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 GRANT NAME: Florida Department of Transportation- Highway Safety Grant Program GRANT # AMOUNT OF GRANT: $57,187 DEPARTMENT RECEIVING GRANT: Indian River County Sheriff's Office CONTACT PERSON: Amber Grier, Planner TELEPHONE: 772-978-6214 1. How long is the grant for? 1 Year Starting Date: October 1, 2015 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant 5. Grant match amount required 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: $55,009 (Attach a detail listing of costs) X Yes 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) No Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ 57,187 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? $41,640 00 Signature of Preparer: Date: February 27, 2015 119 Grant Amount Other Match Costs Not Covered Match Total First Year $ 57,187 $0 $ 57,187 Second Year Third Year Fourth Year Fifth Year Signature of Preparer: Date: February 27, 2015 119 February 27, 2015 Florida Department of Transportation Attn: Traffic Safety Administrator Safety Office, MS 53 605 Suwannee St. Tallahassee, FL 32399 Sheriff Deryl Loar Indian River County RE: Highway Safety Concept Paper- Letter of Intent To Whom It May Concern: The purpose of this letter is to notify the Florida Department of Transportation of the Indian River County Sheriffs Office intention to submit a proposal for the FY 2016 Highway Safety Grant Program, under rule 14-98.005, F.A.C. form 500-065-17. The Indian River County Sheriffs Office proposes to request funding to purchase three radar display trailers and an automated license plate reader system in order to improve and expand traffic enforcement related to speed and aggressive driver. Project Details: Total Project Costs- $57,187 Funding Requested- $57,187 Project Type- Speed/Aggressive Driving On behalf of the Indian River County Sheriffs Office, I support this project as it will ensure that our agency will have the ability to improve traffic safety for residents of Indian River County. Sin ly, DERYL LOAR, SH IFF Nor - 4055 41st Avenue, Vero Beach, Florida 32960 www.ircsheriff.org (772) 569-6700 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY CONCEPT PAPER 500-065-17 SAFETY 12/14 1 Applicant Agency: Indian River County Sheriffs Office Implementing Agency: Indian River County Sheriffs Office Concept Paper Title: IRCSO Operation Slowdown- Highway Safety Program Amount Requested: $57,187.00 Priority Area for Concept Paper (Select Only One): ❑ Aging Road Users ❑ Community Traffic Safety Outreach ❑ Distracted Driving ❑ Impaired Driving ❑ Motorcycle Safety ❑ Occupant Protection and Child Passenger Safety ❑ Paid Media (FDOT Only) ❑ Pedestrian and Bicycle Safety ❑ Planning and Administration (FDOT Only) ❑ Police Traffic Services ❑ Public Traffic Safety Professionals Training Speed/Aggressive Driving ❑ Teen Driver Safety ❑ Traffic Records ❑ Traffic Records Coordinating Committee (TRCC) Type of Project (Select Only One): Type of Request (Select Only One): ►ii Initial ❑ Continuation — Year Previous Year's Project Number (if Continuation): ►,1 Local ❑ Statewide Ranking (if Local Project): '❑ City - of ❑ County - of OR ►i1 Identified Need (Data outside of Fatalities and Injuries) Head of Agency: Name: Deryl Loar Title: Sheriff Address: 4055 41st Avenue Vero Beach, FL 32960 Phone: (772) 569-6700 Extension: 6404 E -Mail: dloarairesheriff.org Project Contact: Name: Amber Grier Title: Planner/Grant Manager Address: 4055 41st Avenue Vero Beach, FL 32960 Phone: (772) 569-6700 Extension: 6214 E -Mail: agrier(c�iresheriff.orq r 121 500-065-17 SAFETY 12/14 FDOT USE ONLY: Concept Paper Number: Postmark Date: Date Received: Entered Into Database: Assigned Priority Area: Planner Assigned: Date Assigned: Planner Received: 122 500-065-17 SAFETY 12/14 Statement of the Problem: (Provide details about the traffic safety problem that you want to address.) Indian River County is located on the eastern seaboard of Florida and represents 503 square miles of total land mass. According to the United States Census Bureau, the estimated population of Indian River County in 2013 was 141,994. The Florida Research & Economic Database estimates the population increases to well over 190,000 people during the tourist season and the county is predominately considered a retirement community with the median age being 51 years old. The Florida Department of Highway Safety and Motor Vehicles has documented 115,125 licensed drivers in Indian River County as of January 1, 2014. Of the licensed drivers in Indian River County, 57% represent the age group 50 or above, 37% are between the ages of 21-49, and 6% are between the ages of 15-20. Indian River County is unique in the fact that there are four major roadways that travel throughout the entire county: Interstate 95, US Highway 1, State Road 60, and the Florida Turnpike. Traffic related incidents are compunded with a multitude of factors including, but not limited to: an increase in the aging population that are susceptible to diminshed vision, conginitive and phyical reactions; limited personnel resources to aggressively enforce violations of posted speed zones; and budgetary restraints that prevent the agency from expanding traffic related initiatives. These statistics create a specialized traffic enforcement problem and the Indian River County Sheriffs Office has identified traffic safety as a high priority to reduce the number of traffic -related injuries and fatalities. The jurisdiction of the Sheriffs Office is divided into 11 zones to cover approximately 474 square miles of unincorporated territory, with an average of 43 deputies assigned to zone patrol working per day and 4 deputies assigned the Traffic Unit. On average, deputies spend approximately 15-20 minutes on a traffic stop when a citation is issued, which considerably reduces the availability of deputies to increase traffic enforcement in areas of concern. Currently, the Indian River County Sheriffs Office operates two radar display trailers that were purchased in 2006 from grant funding. The aging devices are becoming increasingly difficult to repair or use effectively to aid in the traffic safety program implemented by our agency. Due to limited resources and budgetary restraints, the Indian River County Sheriffs Office will not be able to increase the number of deputies assigned to the Traffic Unit or to replace the radar display trailers. Although Indian River County is not ranked in the top 25% on the Highway Safety Matrix in 2014, our area has a unique situation for traffic enforcement. Between 2012-2014, the Indian River County Sheriffs Office realized an 11% increase in the number of law enforcement calls for service; a 20.28% increase in the number of traffic citations issued; an 67.93% increase in the number of traffic warnings provided; and a 45.18% increase in the number of traffic crashes reported. From the results of crime analysis and data trending, the Indian River County Sheriffs Office has identified the critical need to improve traffic patterns to areas vunerable to speeding and agreesive driving. 123 500-065-17 SAFETY 12/14 1 Supporting Data: (Include at least three years of crash, injury, fatality, and citation data, to show the extent of the problem. If outside the top 25% for your city or county, provide further details to support your identified need.) A research study conducted by the US National Library of Medicine, concluded that aggressive traffic enforcement significantly decreases motor -vehicle crashes, crash fatalities, and decreases injury severity (Aggressive traffic enforcement: a simple and effective injury prevention program, 2006). According to the FY2013 FDOT Highway Safety Matrix- Ranking of Florida Counties Report (based on fatal and injury crashes during 2008-2012) Indian River ranked 3rd out of 18 counties (Group 2- Population 50,001 - 200,00) in the highest total fatal and injury crashes; which was an increased ranking from 5th in the 2007-2011 reporting. Indian River County also ranked 2nd in the highest number of motorcycle fatal and injury crashes for both ranking reports. 2014 Traffic Data: 11: Patrol Zones 16,038: Average number of calls for service per month 84: Average number of traffic crashes per month 651: Average number of traffic warnings issued per month 777: Average number of traffic citations issued per month 8,091: Total number of citations issued in 2014 2,338: Total number of speeding related citations issued in 2014 29% of citations issued in 2014 were speed related Once per week: Average use of speed trailers 2013 Traffic Data: 11: Patrol Zones 16,008: Average number of calls for service per month 59: Average number of traffic crashes per month 443: Average number of traffic warnings issued per month 592: Average number of traffic citations issued per month 5,427: Total number of citations issued in 2013 1,680: Total number of speeding related citations issued in 2013 31 % of citations issued in 2013 were speed related 2-3 times per week: Average use of speed trailers 2012 Traffic Data: 11: Patrol Zones 14,260: Average number of calls for service per month 46: Average number of traffic crashes per month 95: Average number of traffic warnings issued per month 620: Average number of traffic citations issued per month 2,474: Total number of citations issued in 2012 1,334: Total number of speeding related citations issued in 2012 54% of ciations issued in 2012 were speed related 2-3 times per week: Average use of speed trailers Driver Data 2014 registered drivers in Indian River County: 115,125 2013 registered drivers in Indian River County: 114,985 2012 registered drivers in Indian River County: 114,780 124 ISupporting Data: (Include at least three years of crash, injury, fatality, and citation data, to show the extent of the problem. If outside the top 25% for your city or county, provide further details to support your identified need.) Number of Drivers Per Age Range 2014 2013 2012 NNW 15-20 6,725 6,710 6,874 21-29 14,272 14,300 14,485 30-39 12,379 12,497 12,885 40-49 15,992 16,765 17,293 50-59 20,298 20,128 19,962 60-69 21,164 20,662 19,958 70-79 15,088 14,562 14,318 80-89 8,100 8,268 8,055 90+ 1,107 1,093 950 (According the Florida Department of Highway Safety and Motor Vehicles Licensed Driver by County Report) as of January 1 of each year 500-065-17 SAFETY 12/14 Due to the increased number of calls for service and budgetary contraints to increse personnel, the Indian River County Sheriffs Office requires a unique approach to traffic enforcement to provide a distinct level of protection to the most vunerable residents of Indian River County. 125 500-065-17 SAFETY 12/14 1 Proposed Solution: (Provide the specific countermeasure(s), chapter, and section you plan on implementing from the NHTSA Countermeasures That Work guide, found at: http://www.qhsa.orq/html/publications/countermeasures.html. Explain how the countermeasure(s) that you plan to implement will address the problem and how the funding that you have requested will support those countermeasure(s). If no NHTSA countermeasure(s) exist, explain the basis of your selected strategy and how it will be effective.) The Indian River County Sheriffs Office will implement the Enforcement Countermeasure, Chapter 3, Sections 2.2 (high- visibility enforcement) and sections 2.3 (other enforcement methods) from the NHTSA Countermeasures That Work Guide. Our agency is requesting funding to replace our two existing radar display trailers and purchase an additional unit to assist in the traffic enforcement program [Section 2.31 The proposed radar display trailers will be equipped with an on- board traffic data recorder to analyze traffic statistics (a resource currently unavailabe at our agency) and enable IRCSO to conduct targeted enforcement in selected high-crash and high-violation geographical areas of the county [Section 2.21. To futher enhance the critical data received from the radar display trailers and implement additional enforcement practices, we are requesting to purchase an automated license plate reader system to afix to a single radar display trailer, to assist in identifying a pattern in traffic violator offenders. Deputies assigned to the Traffic Unit will implement the Operation Slowdown- Highway Safety Program by strategically place two of the radar display trailers in vulnerable areas of the county to supplement posted speed signs and further encourage citizens that law enforcement detection is likely when they are speeding and driving aggressively. The third radar display trailer will be utilized as a traffic-calming device to be used predominately on local roads and residential areas. This approach will address the speeding enforcement problem by identifying areas in which our agency must reallocate resources. All funding requested will allow the Indian River County Sheriffs Office to expand and improve speed and aggressive driving enforcement in our jurisdiction. These purchases will ensure our agency will have the technology and capability needed to realize a reduction in speeding violations and achieve a reduction in traffic accidents resulting in property damage, personal injury, and death. 126 500-065-17 SAFETY 12)14 Sustainability: (If local project, provide details about how you plan to continue the safety efforts after the initial funding period has ended. If you cannot continue the safety efforts, provide details about what will prevent you from continuing. Does not apply to statewide projects.) The Indian River County Sheriffs Office will sustain the Operation Slowdown- Highway Safety Program after funding by implementing a comprehensive maintenance schedule for all equipment and software after the initial funding period. These measures will prevent disruption in the amount of enforcement the agency is able to provide and enhance safety for its' residents. Deputies assigned to the Traffic Unit, along with data analysis from crime analyst and traffic enforcement details by road patrol deputies, will continue expansion efforts through the use of data provided from the funded equipment. 127 500-065-17 SAFETY 12/14 Project Objectives: (List the short term objectives that you have for the project. All objectives must be quantifiable, such as, "To reduce the number of crashes by 5% compared to the 3 year average of the most recent data by conducting 12 sobriety checkpoints during the sub -grant period; Providing 12 public education outreach events in the community during the sub -grant period.") • To increase the number of speed related citations issued by 10% compared to the 3 year average of the most recent data by deploying radar display trailers at a minimum of 15 times per month. • To expand traffic related enforcement by conducting at a minimum of 2 speeding operations per quarter during the sub - grant period. • To develop and implement a comprehensive traffic statistic protocol by producing 12 extensive data analysis reports during the sub -grant period, to include but not limited to: comparative analysis of traffic crashes relative to high -violation geographical areas, frequency of speeding violations relative to time of day and/or special events, violation reductions as the result of speeding operations. 128 500-065-17 SAFETY 12/14 1 Evaluation: (Explain how you will determine each project objective has been met by using one or more of the following methods: Formative, Process/Administrative, Impact, and Outcome. Details about the four methods of evaluation can be found at http://www.dot.state.fl.us/safety/3-Grants/Grants-Home.shtm) • By utilizing the impact and outcome evaluation methods, the Indian River County will seek to isolate all variables associated with an increase or decrease to the number of speed related citations issued by 10% compared to the 3 year average of the most recent data by deploying radar display trailers at a minimum of 15 times per month. To accomplish this, crime analyst will compare traffic statistics provided by the radar display trailers to actual citations to identify knowledge gained from historical data versus data collected during the program. After the conclusion of the program, citations totals will be calculated to determine if the outcome yielded anticipated results. • The Traffic Unit will utilize the formative evaluation method to expand traffic related enforcement by conducting a minimum of 2 speeding operations per quarter during the sub -grant period. Throughout the program, deputies will consistently examine plans, revise strategies and procedures, and adjust implementation procedures as necessary. • Process and formative evaluation methods will be utilized to conclude success of the implementation of a comprehensive traffic statistic protocol. Sheriffs Office deputies will process the data provided in the 12 extensive data analysis reports and determine their effectiveness in assisting in program expansion, overall outcomes, and necessary adjustments. 129 CONCEPT PAPER BUDGET 500-065-17 SAFETY 12/14 List each item for which you are requesting funding and the estimated cost of the item(s). Any matching funds that can be provided from other sources should be listed in the Match section. Equipment that has a per unit cost of $1,000 or more should be listed in the Operating Capital Outlay section BUDGET CATEGORY TOTAL FEDERAL FUNDING MATCH STATE LOCAL A. Personnel Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 B. Contractual Services 000000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 C. Expenses Radar Trailer Peripherals @ $726 each $2,178 $2,178 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $2,178 $2,178 $ 0 $ 0 130 CONCEPT PAPER BUDGET 500-065-17 SAFETY 12/14 1 BUDGET CATEGORY TOTAL FEDERAL FUNDING MATCH STATE LOCAL ••� D. Operating Capital Outlay Radar Display Trailer @ 8395 each Automated $25,185 $25,185 $0 $0 License Plate Reader System $29,824 $29,824 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 .. $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $55,009 $55,009 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 Total Cost of Project $57,187 $57,187 $ 0 $ 0 131 (2/26/2015) Amber Grier - Indian River Smart 850 KSI 2771.pdf Page 1 Crimson Technology Products 1631 Rock Springs Road, Ste 353 CRIMSON Apopka, FL 32712 (407)494-4435 http://crimsontechnologyproducts .com Address Indian River Sheriffs Office 4055 41st Street Vero Beach, FL 32960 Quote Date Quote No. 01/28/2015 KSI 2771 Exp. Date 03/27/2015 Ship To Amber Grier Indian River Sheriffs Office 4055 41st Street Vero Beach, FL 32960 Sales Rep Federal ID # SMC 45-3991430 Activity Quantity Rate Amount • CRS 5010 Smart 850 w/18" Fold Down Display and Speed Limit Sign 1 8,395.00 8,395.00 • Shipping by North American Van Lines - Smart 800 Et 850 1 726.00 726.00 • AVAILABLE OPTIONS:Not included in above pricing • Smart 850 Plus Upgrade pkg. Includes Red/Blue, Slow Down Violator 0 1,400.00 0.00 Alerts and Traffic Statistics Pkg • CRS 5054 Solar Panel - 50 Watt for Smart 800/850 0 795.00 0.00 • 13" Saw -tooth Aluminum Wheel Upgrade 0 495.00 0.00 • CRS 5059 Smart 800/850 Cable Wheel Lock 0 87.00 0.00 • CRS 5060 Smart 800/850 2" Ball Coupler Lock Kit, Stainless Steel 0 49.00 0.00 • CRS 5053 Traffic Data Recording System with Flash Card 0 725.00 0.00 • Kustom may charge a Restocking fee on all cancelled or returned orders that are non -defective. If so, this will be passed on to end user. • Please issue PO to Crimson Technology Products Quote expires 60 days from issue Total $9,121.00 Accepted By finance@crimsontechnologyproduct scan Accepted Date 132 NDI RECOGNITION SYSTEMS NDI Recognition Systems 385 Commerce Way, Longwood, Florida 32750 Phone 866-458-0426 MObile ALPR QUOTE #33114F1 -Indian River County S/O Indian River County Sheriffs Office, 4055 41st Avenue, Vero Beach, Florida 32960 Lt. Kirby, Special Operations, 772-978-6163, ckirby@ircsheriff.org March 31, 2014 (Valid for 90 Days) Questions: Call Christopher McKissick, Director of Sales @ 386-453-8920 or email cmckissick@ndi-rs.net BUND -RDS 2 Camera Rapid Deployment ALPR System (RDS) Two (2) Camera Portable Rapid Deployment System (RDS) USB Laptop System using TGX-200; Each Portable bundle includes: V220 variable focus, dual lens camera(s) with integrated infrared illuminator, camera cables, TGX-200 USB camera controller, VeriPlate TALON software with Law Enforcement Client Interface and a choice of window or trunk camera mounts. Note -Customer to supply laptop computer which meets or exceeds NDI's requirements. (Up to 2 client installations. Additional Clients installed for $250.each) Trunk Mounts require 12Volt Power in the trunk. $10.700.00 2 $21,400. Visce-Ent VISCE-ENT Web Based VISCE Software Server -Single Agency Deployment $5,000.00 1 $5,000. VISCE- Multi VISCE Multi VISCE Multi -Agency Configuration -Data Sharing Enabled (Requires Connectivity between Agencies & Signed MOU) $2,500.00 VP-Pred Pred-SW "In -Car Live Check" Predator Upgrade $2,500.00 3SW-MS MapPoint Microsoft MapPoint 2010 In -Car Integrated Mapping Solution $530.45 1 Included Installation 2 days/Veh 2 Days/Vehicle @ $1,250./day. (Installation & Commissioning) $2,500.00 n/a SHIPPING SHIPPING Shipping and/or Freight to Agency Included 1 Included T&L Travel Travel & Living Costs associated w/Installation,Config,Training Included 1 Included Pro.Serv. Admin Trng System Administrator Training (1-3 attendees) Pre -Recorded Included Pro.Serv. Web Trng Web Based VeriPlate & VISCE End User Training $225. Pro.Serv. OnSite Trng On -Site VeriPlate & VISCE Training (Up to 25 attendees) $2,000. Warranty 1st Year 1st Year Manufacturer Warranty Included at "No -Charge" Included 1 Included GOLD Support Renewed Annually Upgraded Annual Support Agreement; GOLD Premium Level Support including: "On -Site Fix or Replace Hardware and Software". *Renewed Annually* 16% of Capital Investment 1 $3,424. RDS Install Services Optional RDS "On -Site" Configuration, Installation & Training $1,250.00 n/a Total NDI ALPR Project Investment: $29,824. 33 Public Hearing INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: To: From: Prepared By: Subject: February 20, 2015 Joseph A. Baird, County Administrator Vincent Burke, P.E., Director of Utility Services \`t Arjuna Weragoda, P.E., Capital Projects Manager A% Watermain Assessment Project within North Indian River Drive Public Hearing and the adoption of Resolution No. III DESCRIPTIONS AND CONDITIONS: On January 6th, 2015, the Indian River County Board of County Commissioners (BCC) approved Resolution I (2015-003) and Resolution II (2015-004). In that meeting, the BCC directed staff to prepare the preliminary assessment roll based on Scenario No. 2 which is to terminate at Mr. Franklin's Property (13680 North Indian River Drive). Also, the board authorized staff to install the remainder of the watermain extension to Roseland Road to complete the loop as part of the project where any future connections will be charged the same per parcel cost as the assessment project. Since the adoption of Resolution I and II, staff mailed certified letters to the seventeen (17) property owners notifying them of the preliminary assessment roll and the public hearing. Included in the letter was an invitation to an informal meeting held on February 4th, 2015 at the Utilities conference room where project details and financing options were discussed. Three (3) property owners and Mr. Alex Jernigan (representing other owners) were present at the meeting. ANALYSIS: The Board, in its capacity to oversee the assessment process, shall meet as the equalizing board to hear and consider any and all support for or complaints against the proposed special assessments and it shall adjust and equalize the special assessments on the basis of justice and right according to Indian River County Ordinance Chapter 206 (Special Assessments). Staff further evaluated another potential option for Board's consideration beyond Scenario No.2, based on past comments and concerns from previous meetings. The scenarios are outlined below: SCENARIO NO.2 WITH EXTENSION (See Attachment Labeled Scenario No.2) Seventeen (17) parcels will benefit from the proposed watermain. Currently, 11 property owners (65%) are in favor of the project. Scenario No.2 will install approximately 1,100 feet of 8 -inch PVC water main with water services to each lot. The project will begin at an existing 8 -inch water main 134 gate valve located along the east side of Indian River Drive adjacent to the Inlet at Sebastian Condominium and run north along the Indian River Drive terminating at Mr. Franklin's Property (13680 North Indian River Drive). EXTENSION: Outside the assessment area, the 8 -inch watermain will be extended 860 -linear feet (LF) up to Roseland Road. The extension will create a looped line for redundancy and better water quality. Future connections north of the assessment area (Scenario 2) will be charged the same per parcel cost. SCENARIO NO. 2 Assessment Project Parcels Parcel No. Address Cost 1 13580 N INDIAN RIVER DR $5,845.74 2 13590 N INDIAN RIVER DR $5,845.74 3 13595 N INDIAN RIVER DR $5,845.74 4 13600 N INDIAN RIVER DR $5,845.74 5 13605 N INDIAN RIVER DR $5,845.74 6 13610 N INDIAN RIVER DR $5,845.74 7 13615 N INDIAN RIVER DR $5,845.74 8 13620 N INDIAN RIVER DR $5,845.74 9 13630 N INDIAN RIVER DR $5,845.74 10 13635 N INDIAN RIVER DR $5,845.74 11 13645 N INDIAN RIVER DR $5,845.74 12 13650 N INDIAN RIVER DR $5,845.74 13 13655 N INDIAN RIVER DR $5,845.74 14 13660 N INDIAN RIVER DR $5,845.74 15 13665 N INDIAN RIVER DR $5,845.74 16 13670 N INDIAN RIVER DR $5,845.74 17 13680 N INDIAN RIVER DR $5,845.74 $99,377.58 Voluntary Assessment Parcels Parcel No. Address Cost 18 13690 N INDIAN RIVER DR $5,845.74 19 13725 N INDIAN RIVER DR $5,845.74 61 % of total project cost r` $11,691.48 Indian River County N Portion $51,146.02 m Total Project Cost $162,215.08 1:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\Agenda Indian River Drive Res III_cmc.doc Page 2 of 5 135 SCENARIO NO.3 WITH EXTENSION (See attachment labeled Scenario No.3) Scenario No.3: This scenario was a result of an original request in 2006, which was to provide water along Indian River Drive from North US 1 to approximately 89 feet south of 129th Place. That proposal died for lack of support at the public hearing. In 2012, Mr. Gaffney (13620 Indian River Drive) petitioned for County water. The petition had 8 out of 10 properties in favor of County water. Therefore, Scenario No.3 will consist of a reduced assessment area of ten (10) benefitting parcels, with 80% (8/10) in favor of the watermain project. This option will install approximately 580 -LF of 8 - inch PVC water main to terminate at 13630/13635 N. Indian River Drive. EXTENSION: Within this scenario, the line will be extended to loop the system to Roseland Road approximately 1080 -LF for the same reason as mentioned above. SCENARIO NO. 3 Assessment Project Parcels Parcel No. 1 13580 2 13590 3 13595 4 13600 5 13605 6 13610 7 13615 8 13620 9 13630 10 13635 Parcel No. 11 12 13 14 15 16 17 18 19 Add ress N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR Cost $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 Voluntary Assessment Parcels 13645 13650 13655 13660 13665 13670 13680 13690 13725 Add ress N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR N INDIAN RIVER DR Indian River County Portion Total Project Cost $58,457.40 Cost $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $52,611.66 $51,146.02 $162,215.08 36 % total project cost 32% total project cost N m 1:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\Agenda Indian River Drive Res III_cmc.doc Page 3 of 5 136 Constructing the watermain to Roseland Road to complete a looped system will benefit the residents and utilities for system redundancy, improved water quality and allow for future growth. As shown above from both scenarios, the Department of Utilities commitment is thirty two percent (32%) of the total project cost. However, the Department of Utilities will be obligated to carry between 39% to 64% ($62,837.50 to $103,757.68) of the total project cost depending on the scenario and the timeliness of the voluntary connections. As with each this scenario, the board will be asked to consider a capital recovery mechanism for the voluntary parcels that would obligate them to pay a fair share portion of the project if and when they chose to connect to County water. This capital recovery mechanism is similar to what the Board approved for the residents along 66th avenue between 4th street and 16th street. Staff has secured the FDEP permit and the Indian River County Right -of -Way permit for the project. If the BCC authorizes staff to move forward with the project after the Public Hearing then staff anticipates the following schedule (please note that these dates are estimations and could be subject to change): ➢ Advertise for bids — May, 2015 ➢ Award Contract —July, 2015 ➢ Notice to Proceed — August, 2015 ➢ Substantial Completion — November, 2015 or 90 calendar days from NTP ➢ Final Completion — December, 2015 or 120 calendar days from NTP ➢ Final As -Built Resolution (Resolution IV) to BCC—January, 2016 FUNDING: Funds for this project are derived from a combination of assessment funds and the capital fund. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for expansion or construction of the facilities and that new growth will benefit from the expansion or construction of the facilities. SCENARIO NO.2 DESCRIPTION ACCOUNT NUMBER AMOUNT Indian River Drive Water Assessment -Scenario No. 2 473-169000-06510 $ 99,377.58 Indian River Drive Water Line Extension to Roseland Road 472-169000-06510 $ 62,837.50 SCENARIO NO.3 DESCRIPTION ACCOUNT NUMBER AMOUNT Indian River Drive Water Assessment -Scenario No. 3 473-169000-06510 $ 58,457.40 Indian River Drive Water Line Extension to Roseland Road 472-169000-06510 $ 103,757.68 J:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\Agenda Indian River Drive Res III_cmc.doc Page 4 of 5 137 RECOMMENDATION: Open the public hearing. After receiving input, consider adopting Scenario No.3 with any revisions based on that public input. Staff feels that Option No.3 satisfies the super majority requirement outlined in the County Ordinance No. 81-27 and further does not set a precedence for any future assessment projects. Staff recommends that the Board of County Commissioners consider only one of the following three options: 1) Do Nothing and Terminate the project 2) Adopt Resolution No.3 with Scenario 2 with the following Items: a. Cost per parcel $5,845.74 b. Seventeen (17) benefitting parcels part of the special assessment lien c. Two (2) parcels as part of a voluntary connection/capital recovery mechanism d. For benefitting parcels above in 2b. and voluntary connections in 2c., allow property owners to finance the capital cost of $5,845.74 for up to 10 -years payable in ten equal yearly installments at an annual interest rate as set by the Board each January (currently at 5.75%) 3) Adopt Resolution No.3 with Scenario 3 with the following Items: a. Cost per parcel $5,845.74 b. Ten (10) benefitting parcels part of the special assessment lien c. Nine (9) parcels as part of a voluntary connection/capital recovery mechanism d. For benefitting parcels above in 3b. and voluntary connections in 3c., allow property owners to finance the capital cost of $5,845.74 for up to 10 -years payable in ten equal yearly installments at an annual interest rate as set by the Board each January (currently at 5.75%) ATTACHMENT(s): 1. Scenario No.2 2. Scenario No.3 3. Confirming the Special Assessment Resolution No. III for Scenario No.2 4. Assessment Roll and Assessment Area Map for Scenario No.2 5. Confirming the Special Assessment Resolution No. 111 for Scenario No.3 6. Assessment Roll and Assessment Area Map for Scenario No.3 APPROVED FOR AGENDA: By: 1 /1 ,;/ JosephfA. Baird, County Administrator F/o// cP(// Date Indian River Co. Approve Date Administration 3)515 Legal D 11\A 1111!!!! S Budget Air 15 Utilities � • • 1 Utilities -Finance C enc- 3 " -15 J:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\Agenda Indian River Drive Res lll_cmc.doc Page 5 of 5 138 PROPOSED WATER ASSESSMENT PROJECT o,� N INDIAN RIVER DRIVE a.k.a RIVERSIDE DRIVE SCENARIO NO.2 13805 13750 13692 13690 19 13725 13690 13680 13685 13680 17 13670 13630 - 1413660 071 N11 1- 0 0 �a 13625 13665 Parcel Cost Breakdown for Scenario No.2 Parcel No. Equal 1 13580 N INDIAN RIVER DR $5,845.74 2 13590 N INDIAN RIVER DR $5,845.74 3 13595 N INDIAN RIVER DR $5,845.74 4 13600 N INDIAN RIVER DR $5,845.74 5 13605 N INDIAN RIVER DR $5,845.74 6 13610 N INDIAN RIVER DR $5,845.74 7 13615 N INDIAN RIVER DR $5,845.74 8 13620 N INDIAN RIVER DR $5,845.74 9 13630 N INDIAN RIVER DR $5,845.74 10 13635 N INDIAN RIVER DR $5,845.74 11 13645 N INDIAN RIVER DR $5,845.74 12 13650 N INDIAN RIVER DR $5,845.74 13 13655 N INDIAN RIVER DR $5,845.74 14 13660 N INDIAN RIVER DR $5,845.74 15 13665 N INDIAN RIVER DR $5,845.74 16 13670 N INDIAN RIVER DR $5,845.74 17 13680 N INDIAN RIVER DR $5,845.74 Total = $99,377.58 uoi;Jod ;uauassassy lePPads 18 13690 N INDIAN RIVER DR $5,845.74 . 0 c 19 13725 N INDIAN RIVER DR $5,845.74 c d 3 Total = $11,691.48 INDIAN RIVER COUNTY 20 PORTION = $51,146.02 13650 13655 13 13630 13608 11 13645 9 13635 8 13620 13590 13625 13615 13610 13608 13602 4 13580 13600 13605 13590 13595 3 13580 13580 13550 13? PROPOSED WATER ASSESSMENT PROJECT N INDIAN RIVER DRIVE a.k.a RIVERSIDE DRIVE SCENARIO NO.3 13750 13692 13690 19 13725 13690 13680 13670 1413660 13630 13665 13650 Parcel Cost Breakdown for Scenario No.3 Parcel No. Property Address Cost 1 13580 N INDIAN RIVER DR $5,845.74 2 13590 N INDIAN RIVER DR $5,845.74 3 13595 N INDIAN RIVER DR $5,845.74 4 13600 N INDIAN RIVER DR $5,845.74 5 13605 N INDIAN RIVER DR $5,845.74 6 13610 N INDIAN RIVER DR $5,845.74 7 13615 N INDIAN RIVER DR $5,845.74 8 13620 N INDIAN RIVER DR $5,845.74 9 13630 N INDIAN RIVER DR $5,845.74 10 13635 N INDIAN RIVER DR $5,845.74 Total ='$58,457.40 11 13645 N INDIAN RIVER DR $5,845.74 12 13650 N INDIAN RIVER DR $5,845.74 13 13655 N INDIAN RIVER DR $5,845.74 14 13660 N INDIAN RIVER DR $5,845.74 15 13665 N INDIAN RIVER DR $5,845.74 16 13670 N INDIAN RIVER DR $5,845.74 17 13680 N INDIAN RIVER DR $5,845.74 18 13690 N INDIAN RIVER DR $5,845.74 19 13725 N INDIAN RIVER DR $5,845.74 Total = $52,611.66 INDIAN RIVER COUNTY 20 PORTION = $51,146.02 As Tod AJezunioA 13655 13 13630 13608 11 13645 9 13635 8 13620 13580 13600.- 13605 7713 13590 13595 13580 3 13580 13550 13570 \ 13570 13570 1 3570 1,1 13570 1 e 13570 13570 13580 13570 \\\\ N. 13570 13570 13570 1\-°`� 14? Public Hearing (Third Reso.) RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN EXTENSION FROM 13580 TO AND INCLUDING 13680 NORTH INDIAN RIVER DRIVE (ALSO KNOWN AS RIVERSIDE DRIVE) IN INDIAN RIVER COUNTY, FLORIDA; AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County ("Board") has, by Resolution No. 2015-003 adopted on January 6, 2015, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") from 13580 to and including 13680 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida ("the Assessment Area"); and WHEREAS, Resolution No. 2015-003 described the method of assessing the cost of the Assessment Project against the specially benefited properties in the Assessment Area and how the special assessments imposed on the specially benefited properties in the Assessment Area are to be paid; and WHEREAS, Resolution No. 2015-003 was published in the Indian River Press Journal on January 26, 2015, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2015-004, adopted by the Board on January 6, 2015, set a time and place for a public hearing at which the owners of the specially benefited properties in the Assessment Area to be assessed for the Assessment Project and other interested persons would have the chance to be heard as to any and all complaints as to the Assessment Project and the special assessments imposed on the specially benefited properties in the Assessment Area, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Indian River Press Journal on Tuesday, February 24, 2015, and on Tuesday, March 3, 2015 (at least twice, one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices on January 8, 2015 (at least ten days prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the Board, on Tuesday, March 10, 2015, at 9:05 a.m. (or as soon thereafter as the public hearing was heard) conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1 141 RESOLUTION NO. 2015- 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments imposed for the Assessment Project against the specially benefited properties in the Assessment Area shown on the assessment roll attached hereto as Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and shall remain legal, valid, and binding first liens upon and against the specially benefited properties shown on attached Exhibit "A" until paid in full. The special assessments for the Assessment Project shall constitute a lien against the specially assessed property in the Assessment Area equal in rank and dignity with the liens of all state, county, district or municipal taxes, and other non -ad valorem assessments. Except as otherwise provided by law, such special assessment lien shall be superior in dignity to all other liens, titles and claims, until paid. The special assessment lien shall be deemed perfected upon adoption by the Board of this Resolution and recordation of this Resolution in the Official Records of the County maintained by the Clerk of Indian River County. Such recordation shall constitute prima facie evidence of the validity of the special assessments imposed for the Assessment Project in the Assessment Area. 3. The special assessment imposed per parcel is in the amount of $5,845.74, and shall be due and payable and may be paid in full without interest within 90 days after the date of the passage of the as -built resolution by the Board. The as -built resolution occurs after completion of the improvements. If not paid in full within the 90 -day period from the passage of the as -built resolution, then the special assessment may be paid in ten equal yearly installments of principal plus interest; said interest rate to be determined by the Board when the improvements are completed. 4. The Board hereby finds and determines that the special assessments imposed in accordance with this Resolution and Resolution Nos. 2015-003 and 2015-004 provide an equitable method of funding the construction of the Assessment Project based upon the current uses, sizes, zoning and development potential of the parcels which are equally benefited by the provision of water, and thus the allocation of the assessment will be equal per parcel as described in Resolution No. 2015-003. The Board hereby finds and determines that the properties assessed by this Resolution will receive special benefits equal to or greater than the cost of the special assessment. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 2 142 RESOLUTION NO. 2015 - The Chairman thereupon declared the resolution duly passed and adopted this 10th day of March, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: BY Wesley S. Davis, Chairman Deputy Clerk Approved as to form and legal sufficiency: By Dyi='"w=eingold, County Attorney Attachment: Exhibit "A" - Assessment Roll (to be recorded on Public Records) 3 143 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS EXHIBIT "A" -rel # 30-38-25-00000-0050-00004.0 �.er DILL, WARREN W & Secondary Owner KEYS, DONNA A Mailing Address PO BOX 780417 SEBASTIAN, FL 32978-0417 Legal A PARCEL OF PROPERTY LYING BETWEEN OLD US HWY NO 1 & INDIAN RIVER; LYING PARTLYIN INLET VIEW SUB PBI 2 64 BEING MORE PART DESC AS FOLL; FROM AN IRON PIPE IN CONCRETE IN CENTERLINE OF ROSELAND RD, SAME BEING SHOWN 0 N PLAT OF INLET VIEW; RUN S 20 DEG 8 MIN E A DIST OF 628.40 FT TO A PT; TH N 58 DEG 53 MIN 30 SEC E ON A LINE PARA TO N BDY OF LOTS 1 & 12 OF SAID INLET VIEW SUB TO E R/W OF OLD US HWY NO 1 TO A PT; TH CONT N 58 DEG 53 MIN 30 SEC E TO A DIST OF 118.57 FT TO THE OUTSIDE OF A CONCRETE BULKHEAD; TH R UN SELY ALONG SAID CONCRETE BULKHEAD; TH RUN SELY ALONG SA ID CONCRETE BULKHEAD A ND THE INDIAN RIVER TO A PT; SAID PT BEI NG 70 FT MEASURED AT RIGHT ANGLES TO THE LAST PREV DESC LI NE FOR POB; TH RUN SEL Y ALONG SAID CONCRETE BULKHEAD AND THE I NDIAN RIVER 70 FT TO A PT IN SAID CONCRETE BULKHEAD; TH RU- N S UNS 58 DEG 53 MIN 30S EC W A DIST OF 121.00 FT MORE OR LESS TO THE INTER OF THE E BDRY OF SAID OLD US HWY 1; TH RUN NWLY ALONG SAID E ROW LINE OF OLD US HWY 170 FT MORE OR LESS TOA PT ON A LINE WHICH IS 70 FT NLY AND AT RIGHT ANGLES TO SA ID 121.00 FT LINE; TH ON A LINE RUNNING 58 DEG 53 MIN 30 SEC E A DIST OF 120.45 FT MORE OR LESS TO A POB Site Address 13670 N INDIAN RIVER DR Assessment= $5,845.74 Parcel # 30-38-25-00000-0050-00004.1 Owner FRANKLIN, HARLAN B & MARY JANE Secondary Owner Mailing Address 13680 N INDIAN RIVER DR SEBASTIAN, FL 32958 Legal THAT PART PCL OF LAND MORE DESC AS FOLL; FROM AN IRON PIPE IN THE CENTER OF ROSELAND RD; THE SAME BEING SHOWN ON THE PLA T OF INLET VIEW AS IN PBI 2-64; RUN S 20 DEG 08 MIN CA -DIST OF 628.40 FT TO A PT; TH RUN N 58 DEG 53 MIN30_SECEONA LINE PARA_LLELTO THE N BDY OF LOT 1 & 12 10F SAID INLET VIEW TO THE E ROW OF OLD US HWY 1 TO THE PO B_TH N 58 DEG 53 MIN 30 SEC E A DIST OF 118.58 FT TO OUTSIDE OFA CONCRETE BULKHEAD; TH SELY ALONG SAID BULKHEAD A DIST OF 70.07 FT MEASURED AT RIGHT ANGLES TO THE LAST DESC LINE; T HS 58 DEG 53 MIN 30 SEC W 120.45 FT TO THE ELY BDRY OF OL D US HWY 1; TH NWLY AL ONG SAID EASTERN BDRY OF OLD US HWY 1 TO `ow- THE POB; LAND NOW LYING AND BEING IN SEC 25-30-38 Site Address 13680 N INDIAN RIVER DR Assessment = $5,845.74 1 144 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-00000-0050-00009.0 JOLLEY, SAMUEL E 13590 INDIAN RIVER DR SEBASTIAN, FL 32958 FROM AN IRON PIPE ON THE N EDGE OF THE PAVING OF THE ROAD LEADING FROM STATE R# 4 TO THE TOWN OF ROSELAND; & ON THE CENTERLINE OF OLD DIXIE HWY; RUN 5 20 DEG 08 MIN E ALONG THE CENTERLINE OF THE OLD DIXIE HWY A DIST OF 1270.1 FT MORE OR LESS; THENCE RUN N 59 DEG 09 MIN E A DIST OF 25 FT TO THE NW COR OF LOT 8; INLET VIEW SUB; THENCE CONT N 59 DEG 09 MIN E ALONG THE N LINE OF SAID LOT 8 A DIST OF 244.4 FT TO THE POB; THENCE RUN A LONG THE SAME BEARING & ALONG THE N LINE OF LOT 6 OF INLET VIEW SUB TO A POINT ON THE W R/W LINE OU S HWY # 1; THENC E RUN NWLY & ALONG THE W R/W LINE OF U S HWY # 1108.38 FT; THENCE RUN S 59 DEG 09 MIN W & PARALLEL TO THE N LINE OF LOT 6 A DIST OF 209 FT THENCE RUN SELY TO THE POB;(OR BK 488 PP 889) 13615 & 13625 N INDIAN RIVER DR I Assessment = $5,845.74 Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-00000-0050-00010.0 GAFFNEY, JOHN D 13620 N INDIAN RIVER DR SEBASTIAN, FL 32958 SELY 100 FT OF PART OF LOTS 5 & 7; LYING EOFOLD D/HASINDBK42;PP479;LYING EOFUSHWY NO 1; AS INDBK83; PP 131 13620 84-14-622-N INDIAN RIVER DR Assessment = $5,845.74 2 145 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS Parcel # 30-38-25-00000-0050-00011.0 Owner INDIAN RIDGE CORPORATION, Secondary Owner Mailing Address 13590 INDIAN RIVER DR SEBASTIAN, FL 32958 Legal ALL OF THE FOLL DES PROPERTY LYING WLY 0 F OLD US HWY #1 (NKA RIVERSIDE DR): COM AT AN IRON PIPE ON THE N EDGE OF THE PAV ING OF THE RD LEADING FROM ST RD NO 4 TO THE TWN OF ROSELAND & ON THE CENTERLINE OF THE OLD DIXIE HWY RUN S 20 DEG 08 MI N 00 SEC E ALONG THE CENTERLINE OF THE OLD DIXIE HWY A DIST OF 1068.63 FT; TH RUN N 59 DEG 06 MI NOOSECEADISTOF2 15.50 FT FOR THE POB; TH RUN N 59 DEG 09 MIN 00 SEC E TO THE INDIAN RIVER (FOR NLY LINE); TH RUN 5 WLY ALONG THE IR TO A PT ON THE W SHORE OF THE IR WHICH WOULD BE A DIST OF98.38 FT FROM THE PREVIOUS PT MEASURED ON A U NE PARA TO THE CENTERL INE OF OLD US HWY #1 AS IT EXIST ON THE DATE OF THIS DEED (RIVERSIDE DR ROUTE); TH RUN S 59-01G-69 MIN OO SEC W TO THE E BDY LINE OF OLD US HWY #1;& WHICH PT IS 98.38 FT SELY FROM NLY LINE OF SAID PROPERTY MEASURED ALO NGTHE ER/W LINE OFO LD US HWY #1; TH RUN NWLY ALONG THEE R/ W LINE OF OLD US HWY #1 A DIST OF 8.38FT; TH RUN S 59 DEG 09MIN OOSECWTOAP T WHICH IS 209.00 FT W OF THE W R/W LINE OF US HWY #1; TH RUN NWLY ON—A UNE PARA WITH THE W R/W L INE OF OLD US HWY#1A DIST OF 90.00 FT TO THE POB Site Address 13635 & 13637 N INDIAN RIVER DR Assessment = $5,845.74 Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-00000-0050-00012.0 OLES, RALPH & SALLY` 13630 N INDIAN RIVER DR SEBASTIAN, FL 32958 N 98.38 FT OF THAT PART LYING BETWEEN OLD 05 HIGHWAY NO 1 & RIVER; BEING PAROF LOTS 5 & 7; LYI NG E OF OLD D/H AS R tBK9;PP294&RBK180PP637 13630 N INDIAN RIVER DR 3 Assessment = $5,845.74 146 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-0000-0070-00001.0 COALBY ARMS LLC, 642 EAST RIDGEWOOD ST ORLANDO, FL 32803 FROM INTERSECTION OF S LINE OF INLET VIEW SUB & E R/W LINE OF OLD STATE RD NO 5; ALSO KNOWN A 5 RIVER ROAD; RUN SELY ALONG SAID E R/W A DIST OF 60.00 F THENCE ELY & PARALLEL TO 5 LINE OF INLET VIEW SUB TO W BAN K OF IND RIV; THENCE MEANDERING NWLY ALONG SAID IND RIV TO S LINE OF INLET VIEW SUB; THENCE WLY ALONSAID S LINE OF INL ET VIEW SUB TO E R/W OF OLD STATE RD NO 5; ALSO KNOWN AS THE RIVER ROAD TO THE POB; AS R BK 178 PP 675 ALSO PARCEL 0 F LAND AS DESC IN R BK 201 PP 644 13580 N INDIAN RIVER DR Assessment = $5,845.74 P # r Sondary Owner Mailing Address Legal Site Address 30-38-25-00004-0000-00001.0 STAFFORD, MALCOLM W & HEATHER 2095 LAKESHORE BLVD W STE 316 TORONTO ONTARIO CANADA, M8V 4G4 PLAT OF INLET VIEW SUBDIVISION PBI 2-64 THAT PART OF LOTS 1 & 2 LYING W LYOFUSHWYNOI 13665 N INDIAN RIVER DR T Sq Ft 26,572 Assessment = $5,845.74 Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-00004-0000-00002.0 STANSFIELD, DAVID 13-8E DRAKE, LINDA O _ 13660 N INDIAN RIVER DR SEBASTIAN, FL 32958— PLAT OF INLET VIEW SUBDIVISION PBI 2-64 NLY 70 FT OF SLY 85 FT OF FOLL DESC LAND; PARC OF LAND BETWEEN US HWY NO 1 & IND RIVER BO UNDEDONN&SBYEXTE NSION OF N & S LINES OF LOT 2 TO INDIAN RIVER BEING LOT 2 ELY OF US HWY NO 1 AS R BK 10 PP 653 1 13660 N INDIAN RIVER DR Assessment = $5,845.74 4 147 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-00004-0000-00002.1 ALICANDRO, SEAN A 13650 N INDIAN RIVER DR SEBASTIAN, FL 32958 PLAT OF INLET VIEW SUBDIVISION PBI 2-64 SLY 15 FT OF A PARC OF LAND BET WEEN US HWY #1 & IND RIV BOUNDED ON N & S BY EXTENSION OF N & S LINES OF LOT 2 T 0 IND RIV; BEING LOT LYING ELY OF US HWY #1 & PARC OF LAND BET US HWY 1 & IND RIV BNDED ON N & S B YEXT OFN&5LINES 0 F LOT 3 TO IND RIV, BEING LOT 3; ELY OF US HWY 41; BEING MORE PART DESC AS FOLL; ALL THAT PART OF LOT 3 LYING NE OF OLD US HWY #1 (NKA INDIAN RIVER DR); & THE S 15 FT OF LOT 2 LYING ON THE E SIDE OF OLD US HWY 1 (NKA I NDIAN RIVER DR) 13650 N INDIAN RIVER DR Assessment = $5,845.74 Parcel # 30-38-25-00004-0000-00003.0 Owner ALICANDRO, SEAN A Secondary Owner Wiling Address Lee a Site Address 13650 N INDIAN RIVER DR SEBASTIAN, FL 32958 PLAT OF INLET VIEW SUBDIVISION PBI 2-64 THAT PART OF LOT 3 LYING WLY OF U5HWY NO1 13655 N INDIAN RIVER DR Assessment = $5,845.74 Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-00004-0000-00004.0 PENDERGAST, LAURA 13645 N INDIAN RIVER DR SEBASTIAN, FL 32958 PLAT OF INLET VIEW SUBDIVISION LOT 4 PBI 2-64 13645 N INDIAN RIVER DR Assessment = $5,845.74 Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-0.0004-0000-00006.0 FUNNELL, JUDI A (TR) 468_5 69TH ST VERO_BEACH, FL 32967 {PLAT OF INLET VIEW SUBDIVISION LOT 6, LYING WLY OF US HWY 1 PBI 2-64 13605 N INDIAN RIVER DR Assessment = $5,845.74 5 148 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-00004-0000-00006.1 MCELVEEN, STEPHEN A (TR) & KAREN S (TR) 13600 N INDIAN RIVER DR SEBASTIAN, FL 32958 PLAT OF INLET VIEW SUBDIVISION INLET VIEW SUB PBI 2-64 PARCEL OF LAND BETWEEN U S HWY NO 1 & IND RIV BOUNDED ON N & S BY EXTENS ION OF N & 5 LINES OF LOT 6 TO IND RIV; ALSO BEG AT PT ON E T IND RIV; ALSO BEG AT PT ON E BDRY LINE OF US NO 1 WHERE SAID BDRY LINE 15 INTERSECTED BY N LINE OF LOT 7 THENCE RUN SELY ALONG E BDRY LINE OF SAID HWY 61.5 FT; THENCE NE LY ON LINE PARALLEL TO EXTENDED N LINE OF LOT 7 TO IND RIV; THENCE NWLY ALONG RIV SHORE TO NE COR OF EXTENDED N LINE 0 F LOT 7; THENCE SWLY 0 EXTENDED LINE OF SAID LOT 7 TO POB; AS IN R BK 171 PP 411 & 413 & R BK 181 PP 395 ALSO PARCEL OF LAND AS DESC IN R BK 197 PP 152 & LESS FOLL DESC PROP; COM A T E R/W ST RD #5 A/K/A OLD US HWY #1 & N LINE LOT 6; TH S 32 DEG 56 MIN 30 SEC E ALONG ELY R/W LINE ST RD #5 DIST OF 75. 05 FT TO POB; TH CONT 5 32 DEG 56 MIN 30 SEC E 81.85 FT TO _ A 3/4 INCH IRON PIPE; TH PROCEED N 59 DEG 24 MIN 30 SEC E 62. 00 FT TO A 4 INCH X 4 INCH CONCRETE MONUMENT; TH N 65 DEG 55 MIN 30SEC E155.00 FT; TH N 32 DEG 57 MIN 13 SEC W 76.78 F T; TH S 65 DEG 22 MIN 39 SEC W 217.26 FT TO POB. 13608 & 13610 N INDIAN RIVER DR Assessment = $5,845.74 Parcel # 30-38-25-00004-0000-00006.2 Owner MCELVEEN, STEPHEN A (LE) & KAREN S (LE) Secondary Owner MCELVEEN, STEPHEN A & KAREN—S (TR) Mailing Address 13600 N INDIAN RIVER DR - SEBASTIAN, FL 32958-3435 Legal PLAT OF INLET VIEW SUBDIVISION PBI 2-64 COM AT E R/W ST RD #5 A/K/A OLD US HWY #1&NLINELOT6;THS 32 DEG 56 MIN 30SEC EALO NG ELY R/W LIN E ST RD #5 DIST OF 75.05 FT TO POB; TH CONT S 32 DEG 56 MIN 30 SEC E 81.85 FT TO A 3/4 INCH IRON PIPE; TH JPROCEED N 59 DEG 24 MI N3OSECE62.00FTTOA4INCH X4INCH CONCRETE MONUMENT; TH N 65 DEG 55 MIN 30 SEC E 155.00 FT; THN32DEG 57MIN 13 SEC W 76.78 FT; TH S 65 DEG 22 MIN 39 S EC W 217.26 FT TO POB. 13600 & 13602 N INDIAN RIVER DR Site Address Assessment = $5,845.74 149 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-00004-0000-00007.0 DOUBLE R & D INC, C/O CAROL HESS 1335 SHORELINE CIRCLE SEBASTIAN, FL 32958 PLAT OF INLET VIEW SUBDIVISION LOT 7, LYING WLY OF US HWY 1 PBI 2-64 13595 N INDIAN RIVER DR i Assessment = $5,845.74 Parcel # 30-38-25-00004-0000-00007.1 Owner JOLLEY, SAMUEL E & RUTH ANN Secondary Owner Mailing Address 13590 N INDIAN RIVER DR SEBASTIAN, FL 32958 PLAT OF INLET VIEW SUBDIVISION No` PBI 2-64 PAR OF LAND BTW US HWY 1 & IND RIV BNDED ON N & S BY EXT OF N -S LINE OF LOT—n0 TO IND RIV LESS BOONE, ALSO PARC DESC IN OR BK 201 PP 64 (OR BK 423 PP 55 1) Site Address 13590 N INDIAN RIVER DR Assessment = $5,845.74 150 Public Hearing (Third Res()) RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN EXTENSION FROM 13580 TO AND INCLUDING 13635 NORTH INDIAN RIVER DRIVE (ALSO KNOWN AS RIVERSIDE DRIVE) IN INDIAN RIVER COUNTY, FLORIDA; AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, in 2006 the Board of County Commissioners contemplated an assessment project to provide water along Indian River Drive from North U.S. 1 to just south of 129th Place, however the project did not move forward due to the lack of support from the property owners at the public hearing; and WHEREAS, in 2012 a petition signed by 8 property owners out of 10 in favor of a water assessment project to run from 13580 to 13635 North Indian River Drive was presented to the Board, and WHEREAS, an additional property owner located approximately 350 feet north of the petition area requested to be included in the water assessment project, thus the area changed to encompass the properties from 13580 to and including 13680 North Indian River Drive, with the number of benefited properties therefore changing from 10 to 17, with a total of 11 property owners in favor of the project; and WHEREAS, the Board of County Commissioners of Indian River County ("Board") has, by Resolution No. 2015-003 adopted on January 6, 2015, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") from 13580 to and including 13680 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida ("the Assessment Area"); and WHEREAS, Resolution No. 2015-003 described the method of assessing the cost of the Assessment Project against the specially benefited properties in the Assessment Area and how the special assessments imposed on the specially benefited properties in the Assessment Area are to be paid; and WHEREAS, Resolution No. 2015-003 was published in the Indian River Press Journal on January 26, 2015, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2015-004, adopted by the Board on January 6, 2015, set a time and place for a public hearing at which the owners of the specially benefited properties in the Assessment Area to be assessed for the Assessment Project and other interested persons would have the chance to be heard as to any and all complaints as to the Assessment Project and the special assessments imposed on the specially benefited properties in the Assessment Area, and for the Board to act as required by Section 206.07, Indian River County Code; and 151 RESOLUTION NO. 2015 - WHEREAS, notice of the time and place of the public hearing was published in the Indian River Press Journal on Tuesday, February 24, 2015, and on Tuesday, March 3, 2015 (at least twice, one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices on January 8, 2015 (at least ten days prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the Board, on Tuesday, March 10, 2015, at 9:05 a.m. (or as soon thereafter as the public hearing was heard) conducted the public hearing with regard to the special assessments; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. Based upon all of the information that had been presented throughout the entire process, the Assessment Area is reduced from 17 properties to the original 10 properties, encompassing the area from 13580 to and including 13635 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida ("Revised Assessment Area"). 3. The special assessments imposed for the Assessment Project against the specially benefited properties in the Revised Assessment Area shown on the assessment roll attached hereto as Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and shall remain legal, valid, and binding first liens upon and against the specially benefited properties shown on attached Exhibit "A" until paid in full. The special assessments for the Assessment Project shall constitute a lien against the specially assessed property in the Revised Assessment Area equal in rank and dignity with the liens of all state, county, district or municipal taxes, and other non -ad valorem assessments. Except as otherwise provided by law, such special assessment lien shall be superior in dignity to all other liens, titles and claims, until paid. The special assessment lien shall be deemed perfected upon adoption by the Board of this Resolution and recordation of this Resolution in the Official Records of the County maintained by the Clerk of Indian River County. Such recordation shall constitute prima facie evidence of the validity of the special assessments imposed for the Assessment Project in the Revised Assessment Area. 4. The special assessment imposed per parcel is in the amount of $5,845.74, and shall be due and payable and may be paid in full without interest within 90 days after the date of the passage of the as -built resolution by the Board. The as -built resolution occurs after completion of the improvements. If not paid in full within the 90 -day period from the passage of the as -built resolution, then the special assessment may be paid in ten equal yearly installments of principal plus interest; said interest rate to be determined by the Board when the improvements are completed. 5. The Board hereby finds and determines that the special assessments imposed in accordance with this Resolution and Resolution Nos. 2015-003 and 2015-004 provide an equitable method of 2 152 RESOLUTION NO. 2015 - funding the construction of the Assessment Project based upon the current uses, sizes, zoning and development potential of the parcels which are equally benefited by the provision of water, and thus the allocation of the assessment will be equal per parcel as described in Resolution No. 2015-003. The Board hereby finds and determines that the properties assessed by this Resolution will receive special benefits equal to or greater than the cost of the special assessment. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this 10th day of March, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: By Wesley S. Davis, Chairman Deputy Clerk Approved as to form and legal *Cy: By Dylan Reingold, County Attorney Attachment: Exhibit "A" - Assessment Roll (to be recorded on Public Records) 3 153 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS EXHIBIT "A" Parcel # Owner Secondary Owner Mailing Address Legal 30-38-25-00000-0050-00009.0 JOLLEY, SAMUEL E 13590 INDIAN RIVER DR SEBASTIAN, FL 32958 FROM AN IRON PIPE ON THE N EDGE OF THE PAVING OF THE ROAD LEADING FROM STATE R# 4 TO THE TOWN OF ROSELAND; & ON THE CENTERLINE OF OLD DIXIE HWY; RUN 5 20 DEG 08 MIN E ALONG THE CENTERLINE OF THE OLD DIXIE HWY A DIST OF 1270.1 FT MORE OR LESS; THENCE RUN N 59 DEG 09 MIN E A DIST OF 25 FT TO THE NW COR OF LOT 8; INLET VIEW SUB; THENCE CONT N 59 DEG 09 MIN E ALONG THE N LINE OF SAID LOT 8 A DIST OF 244.4 FT TO THE POB; THENCE RUN A LONG THE SAME BEARING & ALONG THE N LINE OF LOT 6 OF INLET VIEW SUB TO A POINT ON THE W R/W LINE OU S HWY # 1; THENC E RUN NWLY & ALONG THE W R/W LINE OF U 5 HWY # 1108.38 FT; THENCE RUN S 59 DEG 09 MIN W & PARALLEL TO THE N LINE OF LOT 6 A DIST OF 209 FT THENCE RUN SELY TO THE POB;(OR BK 488 PP 889) Site Address 13615 & 13625 N INDIAN RIVER DR 1 Assessment = $5,845.74 Parcel # 30-38-25-00000-0050-00010.0 Assessment = $5,845.74 Owner GAFFNEY, JOHN D Secondary Owner _ Mailing Address 13620 N INDIAN RIVER DR SEBASTIAN, FL 32958_ Legal SELY 100 FT OF PART OF LOTS 5 & 7; LYING EOFOLD D/HASINDBK42;PP479;LYING EOFUSHWY NO 1; AS INDBK83; PP 131 i-_ _. Site Address 13620 &13622 N INDIAN RIVER DR 154 1 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-00000-0050-00011.0 INDIAN RIDGE CORPORATION, 13590 INDIAN RIVER DR SEBASTIAN, FL 32958 ALL OF THE FOLL DES PROPERTY LYING WLY 0 F OLD US HWY #1 (NKA RIVERSIDE DR): COM AT AN IRON PIPE ON THE N EDGE OF THE PAV ING OF THE RD LEADING FROM ST RD NO 4 TO THE TWN OF ROSELAND & ON THE CENTERLINE OF THE OLD DIXIE HWY RUN S 20 DEG 08 MI N 00 SEC E ALONG THE CENTERLINE OF THE OLD DIXIE HWY A DIST OF 1068.63 FT; TH RUN N 59 DEG 06 MI NOOSECEADISTOF2 15.50 FT FOR THE POB; TH RUN N 59 DEG 09 MIN 00 SEC E TO THE INDIAN RIVER (FOR NLY LINE); TH RUN 5 WLY ALONG THE IR TOA PT ON THE W SHORE OF THE IR WHICH WOULD BE A DIST OF98.38 FT FROM THE PREVIOUS PT MEASURED ON A U NE PARA TO THE CENTERL INE OF OLD US HWY #1 AS IT EXIST ON THE DATE OF THIS DEED (RIVERSIDE DR ROUTE); TH RUN S 59 DEG 09 MIN OOSEC WTOTHE E _ _ BDY LINE OF OLD US HWY #1;& WHICH PT IS 98.38 FT SELY FROM NLY LINE OF SAID PROPERTY MEASURED ALO NGTHE ER/W LINE OFO LD US HWY #1; TH RUN NWLY ALONG THE E R/ W LINE OF OLD US HWY #1 A DIST OF 8.38FT; TH RUN S 59 DEG 09 MIN 00 SEC W TO A P T WHICH IS 209.00 FT W OF THE W R/W LINE OF US HWY #1; TH RUN NWLY ON A UNE PARA WITH THE W R/W L T INE OF OLD US HWY #1 A DIST OF 90.00 FT TO THE P68- 13635 & 13637 N INDIAN RIVER DR _ _ 1 Assessment = $5,845.74 Parcel # Owner Secondary Owner Mailing Address Legal Site Address Nor 30-38-25-00000-0050-00012.0 OLES, RALPH & SALLY 13630 N INDIANRIVER DR SEBASTIAN, FL 32_958 N 98.38 FT OF THAT PART LYING BETWEEN OLD [IS HIGHWAY NO 1 & RIVER; BEING PAROF LOTS 5 & 7; LYI �NGEOFOLDD/HASR IBK9;PP294&RBK180PP637 13630 N INDIAN RIVER DR 2 Assessment = $5,845.74 155 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel # 30-38-25-0000-0070-00001.0 Owner COALBY ARMS LLC, Secondary Owner Mailing Address Legal 642 EAST RIDGEWOOD ST ORLANDO, FL 32803 FROM INTERSECTION OF S LINE OF INLET VIEW SUB & E R/W LINE OF OLD STATE RD NO 5; ALSO KNOWN A S RIVER ROAD; RUN SELY ALONG SAID E R/W A DIST OF 60.00 F THENCE ELY & PARALLEL TO S LINE OF INLET VIEW SUB TO W BAN K OF IND RIV; THENCE MEANDERING NWLY ALONG SAID IND RIV TO S LINE OF INLET VIEW SUB; THENCE WLY ALONSAID S LINE OF INL ET VIEW SUB TO E R/W OF OLD STATE RD NO 5; ALSO KNOWN AS THE __.. RIVER ROAD TO THE POB; AS R BK 178 PP 675 ALSO PARCEL O F LAND AS DESC IN R BK 201 PP 644 Site Address 13580 N INDIAN RIVER DR Assessment = $5,845.74 Parcel# 30-38-25-00004-0000-00006.0 Owner FUNNELL, JUDI A (TR) Secondary Owner Mailing Address 4685 69TH ST VERO BEACH, FL 32967 Legal PLAT OF INLET VIEW SUBDIVISION LOT 6, LYING WLY OF US HWY 1 PBI 2-64 Site Address 13605 N INDIAN RIVER DR Assessment = $5,845.74 156 3 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-00004-0000-00006.1 MCELVEEN, STEPHEN A (TR) & KAREN S (TR) 13600 N INDIAN RIVER DR SEBASTIAN, FL 32958 PLAT OF INLET VIEW SUBDIVISION INLET VIEW SUB PBI 2-64 PARCEL OF LAND BETWEEN U S HWY NO 1 & IND RIV BOUNDED ON N & S BY EXTENS ION OF N & S LINES OF LOT 6 TO IND RIV; ALSO BEG AT PT ON E T IND RIV; ALSO BEG AT PT ON E BDRY LINE OF US NO 1 WHERE SAID BDRY LINE IS INTERSECTED BY N LINE OF LOT 7 THENCE RUN SELY ALONG E BDRY LINE OF SAID HWY 61.5 FT; THENCE NE LY ON LINE PARALLEL TO EXTENDED N LINE OF LOT 7 TO IND RIV; THENCE NWLY ALONG RIV SHORE TO NE COR OF EXTENDED N LINE 0 FLOT 7;THENCE SWLYO EXTENDED LINE OF SAID LOT 7 TO POB; AS IN R BK 171 PP 411 & 413 & R BK 181 PP 395 ALSO PARCEL OF LAND AS DESC IN R BK 197 PP 152 & LESS FOLL DESC PROP; COM A T E R/W ST RD #5 A/K/A OLD US HWY #1 & N UNE LOT 6; TH S 32 DEG 56 MIN 30SEC E ALONG ELY R/W LINE ST RD 45 DIST OF 75. 05 FT TO POB; TH CONT S 32 DEG 56 MIN 30 SEC E 81.85 FT TO A 3/4 INCH IRON PIPE; TH PROCEED N 59 DEG 24 MIN 30 SEC E 62. 00 FT TO A 4 INCH X 4 INCH CONCRETE MONUMENT; TH N 65 DEG 55 MIN 30 SEC E 155.00 FT; TH N 32 DEG 57 MIN 13 SEC W 76.78 F T; TH 5 65 DEG 22 MIN 39 SEC W 217.26 FT TO P06. 13608 & 13610 N INDIAN RIVER DR _. -t Assessment = $5,845.74 Parcel # 30-38-25-00004-0000-00006.2 Owner MCELVEEN, STEPHEN A (LE) & KAREN S (LE) Secondary Owner MCELVEEN, STEPHEN A & KAREN S (TR) Mailing Address 13600 N INDIAN RIVER DR SEBASTIAN, FL 32958-3435 Legal PLAT OF INLET VIEW SUBDIVISION PBI 2-64 COM AT E R/W ST RD 45 A/K/A OLD US HWY #1&NLINELOT6;TH532DEG 56 MIN 30SEC EALO NG ELY R/W UNE ST RD 45 DIST OF 75.05 FT TO POB; TH CONT S 32 DEG 56 M1N 30 SEC E 81.85 FT TO A 3/4 INCH IRON PIPE; TH )PROCEED N 59 DEG 24 MI N 30 SEC E 62.00 FT TO A 4 INCH X 4 INCH -I-- CONCRETE -.--CONCRETE MONUMENT; TH N 65 DEG 55 MIN 30 SEC E 155.00 FT; THN32DEG 57MIN 13 SEC W 76.78 FT; TH S 65 DEG 22 MIN 39 S EC W 217.26 FT TO POB. 13600 & 13602 N INDIAN RIVER DR Site Address Assessment = $5,845.74 157 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel # Owner Secondary Owner Mailing Address Legal Site Address 30-38-25-00004-0000-00007.0 DOUBLE R & D INC, C/O CAROL HESS 1335 SHORELINE CIRCLE SEBASTIAN, FL 32958 PLAT OF INLET VIEW SUBDIVISION LOT 7, LYING WLY OF US HWY 1 PBI 2-64 13595 N INDIAN RIVER DR —i -- Assessment = $5,845.74 Parcel # Owner Secondary Owner Mailing Address 30-38-25-00004-0000-00007.1 JOLLEY, SAMUEL E & RUTH ANN 13590 N INDIAN RIVER DR SEBASTIAN, FL 32958 PLAT OF INLET VIEW SUBDIVISION PBI 2-64 PAR OF LAND BTW US HWY 1 & IND RIV BNDED ON N & S BY EXT OF N -S LINE OF LOT 7 TO IND RIV LESS BOONE, ALSO PARC DESC IN OR BK 201 PP 64 (OR BK 423 PP 55 1) Site Address 13590 N INDIAN RIVER DR Assessment = $5,845.74 158 SCRIPPS SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed 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. Ad Pub Customer Number Date Cow/line PO # INDIAN RIVER CO ATTORNEY 2677935 2/24/2015 PUBLIC HEARING HEARING 3/10/15 INDIAN RIVER CO ATTORNEY 3/3/2015 Sworn tarid subscribed before me this day of, March 03, 2015, by < , who is Sherri Cipriani [X] personally known to me or [ ]who has produced as identification. Sandra Coldren Notary Public ;+gyriy:c SANDRACOLDREN ;,; •• ;: MY COMMISSION # FF 004035 yi :� EXPIRES: April 1, 2017 pp ?; Bonded Thru Notary Public Undervmters NEWSPAPER E -Sheet© LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES Indian River County Attorneys Of... a) Ad Number: g Z Q Z Insertion Number: Section-Page-Zone(s): 1 CoI x 112 ag NOTICE OF PUBLIC HEA Tuesday, March 03, 2015 NOTICE OF SALE PatriclT A. Male Bon u4ou alkle yrc a Mal - n; Unknadwn Par V. hen living, and alai Unknown by. Parties obi tn`aaw tra Pea aim mayParries interest claim an Spouse, He G'am Other Pnsion aliving, Parries in Posses wal UnknownParties claiming a, trough. under made Delene,ngmnw 61 kl Ve^wM1em er saidatUnknown an Paness.inter.as Spouse. Heirs, Devisees, Gra, or Other Claimants NOTICE OF SALE NOTICE Is HEREBY GIVEN pursuant to io earl u:iog Final Judgm n e en pf`2U12-CAof the ,Qos]5Court of tha 1. Judi. sol ennne ke1l°A. mitt and<rPal- fenderurl, the' rk of CoJoseph . Smith, will ablest the menta and best env E L r i Ir c E WWW. C SALE E. WWW,STION.0 OMABEGINNING NAT 8:00 AM„ BIDS MAY BE PLACED BEGIN- NING AT 9:00 AM. SECTION THIRTEEN, SA THE DAY OF LAT in.G TO THE S ALE on March 18, PLAT THEREOF, AS 0 5, Ih. I00418n9 RE00 14, PAGESA4, des[ b; rtltri party dA THROUGH AM 000 Fiznel lJudgmem, t0- INCLUSIVE, OF THE PUBLIC RECORDS LOT 30, BLOCK 1511. OF ST, LUCIE COUN PORT ST. LUCIE TY:FLORIDA SECTION TWENTY- INE,ACCORDING ANY PERSON TO THE PLAT CLAIMING AN THEREOF, RECORD- INTEREST IN THE ED IN PLAT BOOK SURPLUS FROM t GES 8, AND THE SALE, IF ANY, SA THROUGH BB, OTHER THAN THE T, LUCIE COUNTY. SOPERTY OWNER FLORIDA. PUBLIC OF THE DATF Of RECORDS. THE LIS PENDENS MUST FILE A CLAIM ANY PERSON WITHIN DAYS CLAIMING A A RTHESALE, INTEREST IN THE Dated Cola 10 day of SURPLUS FROM February, 2015 AN OTHER THAN THE IF ANY SHANON'GACHTLLP AS PROPERTY DATE OF `Na1oM1 Fletletal E LIS PENDENS At2XAM1way, Ste 360 MUST FILE A CLAIM Bora Raton, Florida WITHIN 60 6(64 this 10AFTER THE day15611 `99805700 OFebruaryrV 2015 AN Far: 15611 9901]0) SHAPIfl'GACMMLLP Only: SFGB.Servr Email n rn s 1424 North Federal For 11141=2:,,,.. 33431 Highway, Ste 360 ktlulav@IoOauom Boca Paton, 33431 Lara Deakin 3131 FL BPA N0. 43811 for hone 15611 99`88-6700 F i998-670 FoEntail Service Only SFGG@B0caServr- aa<°m Ft. ell other in0uiees. d18Mv@I6eawm lora Draken FL OAPNop43811Mr purposes 1 ern ulay. Safi service@I00a.com° Pu Bsua0. Bar Fla. R. Pu a the Fa Jul. Admin, Deat Ac,l040 5161's counsel Practices A herbyi3807 86189.14 a e advised that ibis gem and9e Ta iI rme e deemed an tlenvc0l- "r"':Ihrmen I andany Puvice as,: HOBoca- m used for may Serviceelogs.com Y se 7ebi Lollecfionts II 27051 FC01 CXE Penmea A p aamienil°r wog are aavraea mat ibis noeee. any a< ammo - deemed . tiv`i coo dation in ren Chia ie0r a 8-.e annnea .etna °<leg in unseiVortlnal Yi ceneinhe provision 201390 EMIG. Please contact NOTtlCE OF SALE D lendanf(.1 awnasd are 0W r aloUnve,wlreh nknown s known Pates may Seim an interest st 0e is . o Claimants:• ees. or are not known to be z sal under end agains the above name Defendant. who atlzo et n Pans may claim ea as Spouse, interest Heirs. Devisees, Grantees. int Other Claant Defendant.. rvoncE of suE O ICE IS HEREBY o'VrescM1etlulon loreclozure sale or Final i dOmem, en - red In CA- C No, 2e Circuit Court Of the 19th Court f the Stn Jnd for SintCircuit in and for Flair h nu Na- rerynfiaaer tia Lo- 6eleivdNand ntldene [le Y`oel"Cour, Jo - ph E. Smith, will il to thetIghfsi andM1 e`Y ELECgON- W W STLUCIE.CLE ,COM BEGINNING NAT 8.00 A.M.. 8105 MAY BE PLACED BEGINNING T 8:00 A.M. ON THE DAY OF SALE following described propertyiin d set Ing Final OmStK" PORT T. LU CIE NOTICE OF SALE Al1SSAELL LRUSSEL ANS KlKIL. AKINS. MAPV L. AKINSHOLIDAY PINES. PROPE PTY OWNE9s As50CIA- Defen IND, are th Cler4no . M1Sm �'rghe �leitlden efof ca. on li 2015, at 0 a.m. e t ord- IOetlaStat Statutes,the allowing described propeeld 6Flinal JudOmezt ro ceras OT 11 A E I. HOLIDAY PINE, ACCORDING TO THE PLATTHEREOF, IN AS RECORDED IN PLAT PAGES 16 ANDKI618DEA THROUGH 160. OF THE OPUBLIC RECORDS ST. LUCIE COUNTY, FLORIDA Propa E. EcM1ire Ado°',. : 55 arca 0tla N T9 Cherr with all bu Idimpro a<tents In re Per an 11 rights nererr NOTICE OF FORECLOSURE NOTICE OF SALE ANY PERSON MAIM- ING AN INTEREST FN THE SURPLUS TY`THE . OTHER THE, IF NAN THE PROPERTY ONINER AS OF THE DATEIS PENDED.S MEUST iN60 D L CLAIMYS AFTER ESALE, Dated this 28th day of January, 2015. BROAD AND CASSEL larntifl One North Clematis Street, sone 500 West Palm Beach, FL l 401 S6TB3203Ca0 v E650mr1�. Te FlotritlaeBart No. 02671Email5 Ipe1Ie9 Arth tr sse If you are a person with a pa tlisabil"ityeron w ;c:orrn.'o!latrW in order to participate in this at coo to Provision eUtle c assistance. Pleanee NOTICE OF FORECLOSURE """F'11.",':1 Purzuanl to Fla, fl. '2'.'51611711d u0l9)Sl1111AI, Plaint ff s counsel hereby designate, its e.aa: lor°i 'Lira eedeMliNmva Lous 21YtClob NW sui , Po?i St oarticipale in this Lucie. 0) a )966, nthle0.teg noleast') days'beloYou. to the provision re co of certain assiwance. Imo felydeu egn 7 Loo 3507 9itN d btelor f e Suite y Crob D te"]101. ort st, ogle le 1))[21 000.43)0 tree`) rings; ii 1..e 7 days before are hearing 00 vo scheduledyour cttur impaired. ugab 1 `mm` a6Parch 3, 1 receiving this M679595 notification II t IN THE CIRCUIT COURT OF THE FOENT. JUUDI CIRCUIT IN AND R INDIAx COUNTY. OLLORIDA 16 JUDGE:CASENOX/General Magistrate TDB JACOBSON AUCTION COMPANY. INC.: OGERC, J AC00SON: UNKNOWN TENANTS OP POS SE 5510. OF TNE SUBJECT PROPERTY Y 1, 2. 3 and d:., RL - 00' KNOWN P-O'll EOFNOHN N7A i'00- Diendenm, • NOTICE OF SALE m Pen ° lmfJa .ere .olein AT. following property in Indian elver oU ry. Florida to be solo iv arcel 1:A parcel of P0a<nBin3 0 3^. Dw'R.FlPofCtHeAnD lt E oUaWG TON'S SUBDIVISION,N, according to the thereofrecorded in P06l 0LPage 9 alb'diced^ LeCoenyFi `ldee lollw^d f., 'alldelot 3bin1 Ina Nonheaet 10500 feet: thence run M1 55.00 feet: Inert nEas 105 le HOWEVER th OWEVEPth ^East East 20.00 0th Avenue. 00 leg..M1ereoEos the right-of-way for 1 Pece110 33390100p r7P3'0000O3 TS"' Parcel 2 Per<el 1'. A parcel Or HeILH`BE NU"rLING' TON3So7, aided in Plai Book , Page ls. Records nblyLucie County, E Mori- aid aid Lnd n y,Flinganb nlRiver County, Florida, a eel de - had e- s follows, 05447160,7010610401001110 N6nheast r of said °t 3, thence run Wee 105.00 feet; thence run South 50.00 leer Un Eart COs eat thence run NonM1 HOWthe Point of met there IF55 HOWEVEO, the East 20.00 leer thereof, for the 10th Aveneey190ay f1, Vero or t Avenues Beach, FL 32960 Parcel lD Y 33390100027.000.6 anal 3: A amel of lantl `Ling a portion of Plot 3, Block DO.according E. BULLING - TON'S SUBDIVISION.recorded eat Book to Pa Plat hereof. rewrtletl In PILI Book 2, Page 5, Public Rec°rtla 61 St. uce Louniyi Flori; da, ad land n w lying n Ilei. n give v. FI ^tla, s8- el n South od a Nonh- Mgr roll aiel 3: thence the 105,00^1 West 105.00" et, then souththencrt'n'Se rte rvn EaM '10 g° Let mens r8- n Ins.00 Le rosin) 90T1U1=nure,gVero Beach, FL 32960. Parcel ID Y 33390100027003000003 d alae ire;` to yv, IN THE CIRCUR COURT OF THE 19TH Juolau clRcul, eN ANO FOP ST. erarna l°oicUCIE FLORIDA Marcce 3; 60106 3 e1 6 , TCN2809594 INT CRTGASGe INC., COURT OF IMOP MERGeRTOAL CITFI- UDIGAI CIRCUIT GAGE (COMPANY. IN AND FOR SAINT LUCIE Plaintiff, COUNTY, VAN v. GNL VAN RUSSELL L. AKINS Dle ndante MAPV C AKINS. td{ALme1d NOTICE OF SALE NOTICE IS HEREBY GIVEN one t a Final owve dao ted April's s, 2013, ail led civ^ as o1 the Circuit Court Mortgage Plaintiff, Loretta Anderson: B everw Anderson: Unknown yAnder.. n Spouse Pu oor Citiba, Federal Savings Bank; Capr- 1,1One Bank IUSAL ., IIMIe Capital Owa BaAk, Unknown Pe illzliving zaesrael Unknown 'Parti e claiming by, through, of theNineteenth uu- a tiaclin and mr st. 18<ie ct18nn. Flo title, wM1ereln CCS ER BY INC.,ERGR TO LIG FINANCIAL MORT -, 00 GAGE COMPANY A a. INC., is Plaintiffd NOTICE OF SALE Coordinator, LE NW CounHy Club Drive, Surae 21 ], Port St, 1)]`21 900-43]08 dei ] days before letl l gi!hn merivY la are h ed,rng cll ]13 Puuboice lish: March , 10, CN2609596 IN THE CIRCUIT OUST OF THE NCIRCUIT JUDICIALAND FON SAIM LUCIE Beginning t the Southeast corner Lot 3, Bock , OP. RICHARD E. BULL INGTON'S SUBDIVISION, according to rhe r ed in Plae Book 2. Pegs snide,s id o° now St, vied .en9 ^. h: ave`IQaunt lying Florida,runi est 175.00 lest mance mat NanM1 `135.00 leer; 'hence run Easy 1]5.00 I ri o' race un SBum 115.00 Isar to the Point of Be "7,7.FLORIDA LNIL OINSION 1013.0A103349 U.S, Bank National Association, as Tru tee, for Banc of ung 00bR1 ndi Plaimill, Gonzalo Benitez and e1 eBan Ba et e.A Unknown enanni iii u;rkal unknown heirs, dee Parcel 4: TC Q SCRIPPS TREASURE COAST NEWSPAPERS KK TUESDAY, MARCO 3, 2015 (E 5D NOTICE OF SALE NOTICE OF SALE 2014CA00190' AM, on the tam day fMarch, 2015. GREEN TREE SERNC- Any person claiming ING LLC est n the hel sun Plaintiff, from v.othernthan he MICHAEL HUBBAPD p opeM owner a 01 MICHAEL G, t M1e Iia BOARD; U IN(NOWx SPOUSE OF avaim'Iwsim'mp 60 days hA EL HUBBA G e e ale. AIKIA MICHAEL Do<e: February e. H BBAPD: UN- UNAND N `ENANT ES LE ATTORNEY`, KNOWN PARTIES P BryMaMewGla<M1- CLAIMING en,Espuire096] 0 GH, UNDER 9 1 OROA G AIN ST 1HE ae55Terrelogy ABOVE NAMED DE- Way. Suite 500 FENDANTI51, SWOT Boa Raton, '4:33431 11S70171 101)Iad6a026 N TA O B E emailservrca@Hegel[[ DEAD OP ALIVE, o sees, grantees, cred- itors, and other un. geegrig 0d.nda81l6I. iota NOTICENOM IS HERAEBY GIVEN pursunt to order rescheduling nallJud m islCe en Civil r tared 201]CAOOt3<9 • Coon ofc 19[M1 Jutl tiler Saint ato[ NationalFlorida. wherein U. Bank A all Funding 2 B FT1, Plaintiff and Gonz I Benitez and Ma. Belem, HisWler [lark 1 e Cou, Jo Jo etlE htin5e inhahwiale et bidder for M1 BY ELECTRON W 5 L E A T WWW.STLUCIE.CLE PKAUC.T",:r OM BEMINBIDS sAY'00 PLACED BEGINNING TAY OF S900AM.ALEONT n O March Id, 3015, e d°lowingdest 0 1717,1 F0nmnM1 "NETHER P AIRY ENS CLAIM AS HEIRS, 1 you t'1"1 bi9ershn DEVISEES. GRANT- n a a rant EES, ASSIGNEES, a DEN, RS, COEDIT- mdem OS, TRUSTEES in this SPOUSES, OR 0TH- y you, proceeding, EO CLAIMANTS; n to the FLOOIDA HOUSING p FINANCE CDfl PORA- a e.uPleease TO meta ct Corrie Defendants. J o hsnas O n, A O A Coordinator, 150 NW ie Country 1Club Dn, Sp v` 80] ' <906vet. n [Su[mmpar aFitnal 1]]11 apegmem hY F6re- °f lase ] e.�i see°p'a Cryo a epyn Em`am ep comciorsre entered on e Cit oup y,IFs6rida, receiving rwherein p " I Joseph t io 1 Florida. 8-N Circuit. `Sml IfeClerk e d ur `I ehd0s n J. Fallon and sell Court, shall a s les J. darn u property situ- a r. end' nes.ate�J1 aunty, Florida, p°bii `dra; len]1i k.c smin.'w�u 5 a<elnle the hlgre r TCN16INTHE - an bet .p.rn for By ELECTPONI: IN HINT OF TOIE WWW SSTLUCIECLE ETEENTN RKAUCTT N.COM JUDICIN AND FOR BEMINNING AT 0.00 5T. LUCIE COUNTY, A BIDS MPV BE FLORIDA PLACED BEGINNING CIVICAs ION DAY 6:00 AM. ON THE 5: DAY OF SALE on 561013 -CAL NOTICE OF SALE Notice is herein giv Jud90F rat, to -wit sTHE SOUTI 30 FEET OF LOT 3, BLOCK d, A No SUBDIVI- SION, ACCORDING TO THE PLAT THEREOF, RECORD - PAPLAT IN BOOT 9. GE 1. IN THE PUBLIC RECORDS OF ST. IE TO- T FLORIDA,PTO- GETHER GETFLOHER WITH A 6 wing. LESS the road right-of-way. fAM1 IID lace, Vero ' 3339 0002]FL 32960 003 B�The on Foreclosure 20 5 at sale will take aoM Time,Nvfa`thetonline auvlonvia theazh ternet, at www;ndlan rivernall°rewos C.Tce sale will ha made the pursuant p n to CoasftFnalJudgmeentf Foreclosure eP ODBANiK, . .,DBA K, N.A. vs A OBCN A OO yride CASE,1-20 C,00131e sele is being fry Jef ithCClot °Ithe C.ndian v ru ICcg."1nhvM1eaeuty Clerkof lnt 7,A^7 7,087960948016171799511l818180119155 claiming en interest in the surplus sale,a8t8ervi: Maeclairrr wnhrn 60 a salet Pmust be published 031121. E.S., Cols r sr `e utive weksi on week for two derle oirculatone kin tggtheunn a newspaper whe egem M1 sale is In be M1eM with me second oto the Son being et least five days prior to th< .ta100, OX, WACKEEN. DUNGEY, BEARD, BUSH, MLBRIDE. WATERS AND MCCLUSIS. BY:ROBERT A GOLDMAN, ESDUIPS Bar No.0161817 1]]21287-4444 In212zo-1de9 ogle@foawackeen.c01'I086ztanil gold naneLazvac 77.77, are a person wi.Nate a"disabbiliwwho needs any a milletl, a cost to you. to the provision of Jhhatn. ADA CDotllnatornr it NW Country au` Drive, Surae 212, PBn Sc Luce, FL . 040, scheduled e01A9 at last aces orlon edit c dueon receiving n9g9 this ncenotii or in if the acme before thescheduledappear less than) days; If you are (rearing or ' m Iced, call )11. PublMarcM1 3,10,2015 TCN2679603 FOOT VACATED AL- LEY ADJACENT ON TME EAST. ANY PERSON CLAIMING AN INTE P EST IN THE THSALE, FROM E SALE, IF ANY, OTHER THAN THE PROPERTY F 5 OF THE DATE OF MHS Lis PENDENS UST FILE 0 CLAIM WITHIN 6DAYS FdRE0aDthis 1dy of February, 2015 SHAPIRO, FISHMAN A GACH, LLP n24es°tyin Peadmeran Bwton.SW133l Telephone 15611998-6]00 Far (561119.570e Only SfG7 5w - Fo a rIrtA• rnouiries: awrvem.<om BV: Ka^te DU, BarIa1I8-. Eua to . RO a. NOTICE OF SALE SAINT LUCIE COUNTY, FLORIDA CIVIL DINSION ase Y 2otd{A-pWt51 hl instar Mortgage Jia Feltoneo Florida Community Bank, MCNrger TO Fimt rPe of Pon. Ln e. Flornown8-IOtne Cairl P lam.terests Y..AndrnIsl`wlKAlToa D iverr SamnalntSa, Ners. Dev'ez, O:eyn irfi EREBT pursuant to order) rescheduling Final Judgment, en - in Orpil Olse sC bed as 59 ORT, ST.LUCIE SE CTI ACCORDING TORTHE P T THEREOF, AS RECORDED IN PLAT TOOK 14, PAGE 10, CONN PUBLIC RE - CIE CO OF ST. LU - CIE COUNTY, fLOPI- DU a ST24„PORT20 SE MAPI- SAINT L'llE, FL ]d952- M1r ipuM1 bta vaelebete thtle Yelec a obn rt ae.cMr U15mm, on March Ilztmeing ea person mrgn Mi'rrs gra m rth:c10 tley ieafteh [`` vale, It you fail file a clelm you will ^ e nkaetl to Dei mnSt.OPet tls. pe aFlOritle, 1M1 2015. rr FeWary, NATIO GAGE,L Plaint. JEFFERY R. GO Doges C 2ehm, P.A. Designated Email Ad dress:.Mg@tl- rah, Su200 200 SL PeerSree bu04]t6 Telepone No ^201^5364911 A neYPIth f6re 1000 M BY. FBN 43941 II v4u ,9 a pers04 a desabiliry woo :cgootf'o: in ordermto ptl in his anfeera assist °nle.0 Lleaze ion SN H Country Club Drirt ve, t. 0001'000,4070'87 least c tlays b algia M1ednled o mad nelY `� lim In he vlea evYv les hearing oX impaired, cell ]11.olce sh:MarcM1 Jud. Admin. PI5161d,11111A11 hereby counsel aeeme mtnne SFGBo[ Senrice@logsnorn Act arc dvise,. this tlale"r c amdebi col in- ieftor d bio nem use^ for that °-27320 FC01 OSE r a.amXn rwna dation in accornr paatiddpnBn° Yauar ^mid torh cost to ofcovision ertain the Please c rat gr: CAVA C ordin t . bSNrive, spite t iay95N Lucie,ne 17721 807.4370 a dee ce 1hoe ime tg'Pt,' vied rte0earTare lyz ehearing 11131oiNnh!Vilc DMAh, et e mntla l NOTICE here. E OFSALE Notice 9; n Omeu8-r oeduh rap Foreclosure Sale, 2015TCN26]9]9 CD INTUIT OF THIS INETEENTN JUOI IIN FC;I IT D FOR sT. waE DOua. CML ACTION 562014CA001 02IN PNC A K, NATION AL ASSOCIATION, Flelnull, P TER NEGRO , et Defendant. NOTICE OF SALE ice hereby Bol a fi al Jutl m ol Ftee<m.pra, dated Fm r m rt .2015, er Cee it Case Nat 14.0.01602H2X %XX, in the [Lucie yr Fl6rl tla. lyra PNC BANK, re NPL A550- cAnoNtl P1.ETEme R NE- Plem trlR, an ON,a',T are the Clef Court sill selloFe psi Pi d:r cnyr`nt�t Florida, deavibed as: .OT BLOCK OPTT ST. LUCIE, SECTION THIRTY - P, ACCORDING TO THE PLAT TC EOROW AS PE- D 15 Iry LAT 9, OF to AT PAGE OF THE PUBLIC RECORDS OF ST. laWA.0 OUNTY, p4016 the JUDICIN ANIO FOR `09060 and rt bo - 1 S1007)0E der, for cash, at COUNTY, FLORIDA 0. hltp07106-4497 at SE NO. ction,c0m at 06:00 TI0N215 INT 6 IN THE CIRCUIT COURT OF TH NINETEENTH PL ENF, AS PLAT 000T01 • GETIHE B IC RECORDS OF ST. LOGE LOUN TY, FLOflIDA NOTICE OF SALE NOTICE OF MEETING s, St, lu< ie 34972. NOTICE Is ty 1IerM 01 ALSO GIVEN THAT 07011 Court will sell A AT 9:00 AM„ TUES. btupLu tie z voted in DAY, MARCH 10, < 0u nty, 2015, AN AGENDA Florida, described as. MEETING WILL BE OT VIZCA pABLOCK FFALL5 102 H ELD F TIEROOM BROWN V ACCORDING E2 DEP FOR MEN TO THE MAP NATION• PLAT THEREOF AS TNEPRENEUBSHIP RECORDED IN PLAT ON THE MAIN CAM - B GE. U5, 3109 VIRGINIA 3O, P BLIC RE- AVENUE, FORT OF yT. LU- PIERCE, FLORID6. A IDIgBLDDUNT ,FLOP- PERSONS' WISHING public sale, m the TO PLACE BEFORE M1eefandcasat bad THAT BOARD R tehor M1 CONSIDERATION /sllucie.clleerkauu ARGUMENTS CON- n corn at CERNING ISSUES c Arg y OF LAW OR POLICY AIMMar.205h da OR PRESENT EVI- Anv Person claimingan interest in PNCE OFAANYTHAT plus from the sale. l it MAY BE IN DISPUTE rpror'peHry'hextbr 'tansMUST NOTIFY THE s hl PRESIDENT OF THE e ol`tM1e lis COLLEGE AT LEAST pendens tleftxaFAYS BEFORE h 60 file SCHEDULED MEETING OF THE Date. February 20, BOARD AN TPUs- 2015 TEES. Y PER - SURE ATORECLO-NEYS. SONS WISHING TO SUPE ARORNEYS, APPEAL THE PLLC SIGNS OF THIS Glachman.Espurre By!tsr= BOARD WITH PE - SPECT TO A N Y IFBN 909611 MATTER CONSIO- 4055 Technology EKED AT SUCH SU C H Boca RWato'N,Vm35o0 MEETING EEO A RECORD OF P27)446-4826 iatofaaTHPROCEEDINGS, Fo Esu C N' manseryMl° NO m PURPOSE MAY NEED TO ENSURE II any ere a parson THAT A VERBATIM adisabllitsw RECORD OF PROCEEDINGS IS accommodation IHE n MADE. fatm g PUBLISH: MARCH 3, led TL rv519209 laro18i.. assistance. Please e Crt Certo ° N 2°0 yClob150fig,' Suite 3 ] Port Si. FL 3431. least 0' days 'h7efe rfrperahetelcdeu nolitication 01eenter,1in Si61 ANY ERS AN ze Number -CLAIMING 413 CAuttCourt.fo INTEREST IN THE a. Lucie County, SURPLUS TATA E, gin GAGE; LLS is i e e FF- ERV"R.I�G000MJEAN, "arr... ea the Oefen- OTHER PHA. TNS PS OFETHE DAIS Of MUSTAIFILE A CLAIM n ITHHIN DAYS y yerk' I FTE E6SALE. `will «II rte csituated in leirCo 'I nda,described nas OTsNo 1 BIO WK OF TOVFW,N OF WHITE CITY LORIDA. Z°9- THERNG TOEOF, AS THE P T -72012,171,1%°1 0001RECOR00 IN PLAT BOOK 1 PAGE 21, OF E P 01 Ic RE CIE CO of ST. LU - CIE COUNTY, FLORA L O THAT CHAR PORTON -' STREET WHICH LIED, be ze Fleas Fla156. BETWEEN L 13 OTS ' an P. <Jud.Admin, BLOCK, AND LOTS P'St6ibsl (counel al BLOC N'B W' TO' V tlesi°,7,n7 ID TOWN F e . lOr teM1e WHITE CITY, ST LU- 4 sol email E COUNtt, FLOPI- uoposa _ SFGBoa 450 THE SOUTH 10 ....en..., ITIT OF THE ALLEY Pu 0611 ecti0ns L ING BETWEEN O i LOTS LaO. 11. 13. 13 a edvledsmai YM1is AND BLOCK). orf li cde a be No LOTS 1, 2, 3, 4 tl • data col - BLOCK ], OF '88er and any . THEWHITE SAID TOWN U. n brained CIE CE CItt, ST LU r"r t used 'n"nn E ouxTv, FLaRI- "lav ` public ode h m ebb .27.3 FC01 CXE n M1 ase me µAny Per.n cash, dao anl'irynwho upz:l/stlucie.cler4av tleion "in OeCderm o 78:00 p ,tin Cols u.+.e eisym my t of Mar rat do of sena. assistance. CoordlengrgggiOn TOTinator, [250 ONW 1). CP ub oDrg Sr rive, 5ulre Z (17'21 80],43]0 dei least c days fr mcdll afely fleet orir n Il �he I M1 e d epi a l<av n`)raaY:ity 15511 `999-6700 Fate 15611998-6707 6r Email service Only SFGB°ca5ervi- @loa,mm 64,65408,774)0)86' Key@logz.E at Dlay, E bfor 'eh 71 de Is les are ^hearinglcrlloic It'NgrlNar 3, 10 T2a679796 n arson cl[Yre su9 piu:°i`rnfni,ne care, a p„ooe.ry fwarenr :z`hti Pendens 6 da ' arma z Da[ee: January 76 17006)00 FORECL0. SURE ATTORNEY c, 0".41114(1T,717069-1 E Technology9 Way Surae 5 Bow Paton, FL 33431 NOTICE OF MEETING NOTIEAPING pHLIC Pfl ASOESSME ?' NOTICE IS HEREBY madservrce@naplaec ,are o da che116m i v6u ere pe 1pt5 rah a dlzabiliry wlro TCN2609 accommodation in order to participate in .is proceeding, d Tcorsrretor ohthae provision of certain ro'riSt7ccte.CP,Pee Lo'rVnI1Co;, 350' Solt der jr!L' onrtsf. Lucie8 at 70,03% ea :h:e�Ii,Yde. tr'red url the "1revV it les are hea zo voice PubltsheeMalch 1, t0. 2 TCN1015 IN 6 IN THE CIRCUIT OURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR NOTICE OF MEETING 9UC NOTICE NOTICE IS HERENY GIVEN THAT T E DISTRICT 00AP0 OF T N HIEEESP OF ISTAiENDI- COLO A FEGULAP BOARD MEETING TUE 2015 AT 3:30 P M IN ROOM C-112 IN THEWILLIAM- SON CONFERENCE CENTER ON THE IN DIA. PNEP STATE oan DIXON MAMPUS W. 9TH AVENUE, OKEECHO- AL50 YGIAVONIT1 1 OAAhRTLITITVIr AN AGENDA M EYING WILL PE HELD IN ROOM Y- 2 F TIE BROWN GIVEN tM1 a VA PILIN P INNO- ard of Covnty TREPPE NEU OS NFP Co7a7ere rt7 of Arlo": VIIfIGwzIA Fl Fribl Hl conOuci A NE, FORT PIER_EU. FLO HIDA Paeras alTrAZgrrrnrZ qg aro m an1358 36800,14. Indi- River Dri ve eels known a iversi e Courivnty,"iRiver Florida The Public Hearing day he held 1T, Tues. DS e Y tae artl, air cram emCounry ss X6ca1e euildon9 D County Ad [M1 ole m e r01 2]th ICO OT OF THE NINETEENTH JUDIT,LAczdFOP ST, LUCIE oz, OflION 9. 0ICAstLOeNU45 Vee,ST MORT- GAGE, INC, %ainirn, CHARLES DEPICO, et atendantlzl DISTRICT BOARD OF TRUSTEES OF INC! RIVERAN STATE COLLEGE WILL OLO A REGULAR TUESDAY,00 MEETING 0 oreclosure Sale, 2,15MARCH 105. Janny5, t5AT 3:30 Case Number rat Gvil P.M. IN DOOM L112 Case in OBLA- SON THE WILLIAM. 008045, in the Ccc i SCONFERENCE Court for St. Luci< CENTER ON THE IN L°unty, florida, OIAN RIVER STAT wherein 00. INC. COLLEGE 01X0. MORTGAGE. INC. is pENORY CAMPUS the Pla ntik, ,8, T 2229 N,W. 9TH CECHO- L,, are s1Oe'Def. en 201, AVENUE, it t V3ro B eM1 ata way pv`e� AnnnraNTnga db it by^2004 duiing rness egular 0,4gp.Fk. anyi.7 ic ° r e Clerk t0 memUta of CBu ui ld inlBeA o dee"Aaminisy e- Complex, .01 eFl`dverBam, Street, wnao rr anr w%`,hm toff twhfnM1includes pealnis based. the a Bwho nee.a ial accornmoda- = ced�ne eM -60o)22nD92oo t]ae6!4080 12 -6 - at a hlthe meetnnadvnte INDIAN RIVER COUNTY BOBRD OYF OMMISSIONERS WESLEY S. DAVIS. Pub: Feb. 24, March TC' 2677935 UBUC NOTICE NOTICE IS HEREBY GIVEN THAI THE p ereY 9 at, dee.unee m 'Efl50Vt,s,1ING TO PLACE BEFORE BOARDTHAT FOP CONSIDERATION ARGUMENi5 M CE LAWO ISSUES ORLAW DR POLICY P PRESENT EVI- DENCE Of ANY HEP - AY FACT THAT MAY BE IN DISPUTE MUST NOTIFYIFYTHE OELDEENTAOAH INE OAVSTBEFORE THE SCHEDULED MEETING OF THE TEES. ON TPUS- S WISHINGE SONS PPEAL THE DECI- KIONS OF TN IS OA00 WITH R 0 SPECT TO ANY FRED ATON510- E FRED TTING WILIL .AND EO I PECOPO OF THE PFOCEF DINGSUCHS PURPOSE MAY N q0 TOVNSM RECORD THE =HIDINGS IS PDOSH: MARCH 3, TCN679280 NOTICE OF MEETING oPiceis� seer GIVEN THAT THE DlsrRlcr eona0 ,F RUHTEEx TF IN01- IVEfl STATE A H HOOLADEUL- TUES�OAMEETINGMARCH PNM. INCyRO IML 0-112 SON eCONFERENCE oENTER GN THE IN ln. FIVER STATE CouEGE m%oN ENDPY M yM U5 ACT- BErA'ArrEE, FLORIDA 349]2. NOTICE Is ALSO GIVEN THAT T 9:00 AM.. TUES. DAY, MARCL 10, MEETING WILL BE HELD IN ROOM AL 1 OF THE BROWN CENTER FON INNO- ONEPREMAIN CAI• oN THE MAIN cAM. Av R owls PIERCE, HO HT RIDA 34961.5596. ANY PERSONS WISHING TPAlTreoA60 FOR BEFORE T CAONBIOEPATION GUMENTS CON- CERNING ISSUES LAW OF LAW OR POLICY OR PRESENT P DENCE OF ANY PEP - EA TINENT FACT THAT MAY BE IN DISPUTE MUST NOTIFY THE PRESIDENT OF THE COLLEGE AT LEAST FIVE SAYS BEFORE THE MEETING OF LEO ING OF THE BOARD OFTRUS. 0400, TEES. ANY PER. SONS WISHING TO PEAL THE TOECI- HIS SIGNS Of THIS 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: Mike DeGeorge, President and Sherri Davis, Vice President, Trillium Homeowner's Association ADDRESS: 6655 Trillium Blvd., Vero Beach, FI PHONE: 772-539-9452 SUBJECT MATTER FOR DISCUSSION: 66th Avenue Road Construction IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? X X X YES YES YES NO NO NO Replacement of damaged plants, landscaping and irrigation 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 Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: ) Joseph A. Baird MEETING DATE: Sj rch 10, 2015 Document2 Board Approved 11/7/06 159 i to Coas moast � Landscaping PO Box 6514 77 Vero Bench, FL 32965 Estimate Date Estimate # 2/9/2015 4871 (772) 562-6249 fax:(772) 562-7878 Coast_2Coast@bellsouth.net Paatepted by: 160 Name / Address Trillium HOA c/o Golden Sands Management, Inc. 7150 20th St., Ste H Vero Beach, FL 32966 P.C. No Project Description Qty Cost Total West side inside sidewalk hnstallation of 4 - 3 gal Variegated Arboricola (1st cut out) 4 10.00 40.00 Installation of 3 - 3 gal Viburnum (1 st cut out) 3 10.00 30.00 Installation of 8 - 3 gal Mammy Croton (2nd cut out) 8 10.00 80.00 Installation of 65 - 3 gal Green Arboricola (3rd cut out) 65 10.00 650.00 Installation of 15 - 3 gal Green Arboricola (4th cut out) 15 10.00 150.00 Installation of 10 - 3 gal Green Island Ficus (3rd cut 10 10.00 100.00 out) Installation of 10 - 3 gal Mammy Croton (3rd cut out) 10 10.00 100.00 Installation of 55 - 3 gal Green Arboricola (to 5th cut 55 10.00 550.00 out) Installation of 10 - 3 gal Green Island Ficus (5th cut out) 10 10.00 100.00 Installation of 5 - 3 gal Mammy Croton (5th cut out) 5 10.00 50.00 Installation of 115 - 3 gal Green Arboricola (end of 115 10.00 1,150.00 wall) Installation of 10 - 3 gal Green Island Ficus (8th cut out) 10 10.00 100.00 Installation of 5 - 3 gal Mammy Croton (8th cut out) 5 10.00 50.00 West side of inside sidewalk Installation of 4 - 3 gal Variegated Arboricola (1st cut 4 10.00 40.00 out) Installation of 40 - 3 gal Green Arboricola (along wall to 2nd cut out) 40 10.00 400.00 installation of 10 - 3 gal Mammy Croton (2nd cut out) 10 10.00 100.00 Installation of 10 - 3 gal Green Island Ficus (2nd cut 10 10.00 100.00 out) Installation of 1 - 3 gal Viburnum (fill in) 1 10.00 10.00 Installation of 10 - 3 gal Mammy Croton (3rd cut out) 10 10.00 100.00 Total (772) 562-6249 fax:(772) 562-7878 Coast_2Coast@bellsouth.net Paatepted by: 160 CoasCoastbo ; Landscaping PO Box 651477 Vero Beach, FL 32965 Estimate Date Estimate # 2/9/2015 4871 (772) 562-6249 fax:(772) 562-7878 Coast_2Coast@bellsouth.net Pag4 pted by: 161 Name / Address Trillium HOA c/o Goldcn Sands Management, Inc. 7150 20th St., Ste H Vcro Beach, FL 32966 P.C. No Project Description Qty Cost Total Installation of 10 - 3 gal Green Island Ficus (3rd cut out) 10 10.00 100.00 Installation of 35 - 3 gal Green Arboricola (to 4th cut out) 35 10.00 350.00 Installation of 10 - 3 gal Green Island Ficus (4th cut out) 10 10.00 100.00 Installation of 3 - 3 gal Viburnum (fill in hedge) 3 10.00 30.00 Installation of 50- 3 gal Green Arboricola (along wall to 6th cut out) 50 10.00 500.00 Installation of 10 - 3 gal Green Island Ficus (5th cut out) 10 10.00 100.00 Installation of 10 - 3 gal Mammy Croton (6th cut out) 10 10.00 100.00 'Installation of 10 - 3 gal Green Island Ficus (6th cut out) 10 10.00 100.00 Installation of 10 - 3 gal Green Island Ficus (7th cut out) 10 10.00 100.00 Installation of 10 - 3 gal Mammy Croton (8th cut out) 10 10.00 100.00 Installation of 10 - 3 gal Green Island Ficus (8th cut out) 10 10.00 100.00 Installation of 15 - 3 gal Green Arboricola (to 8th cut 15 10.00 150.00 out) Installation of 10 - 3 gal Green Arboricola (to 10th cut 10 10.00 100.00 out) Installation of 10 - 3 gal Green Island Ficus (10th cut 10 10.00 100.00 out) Installation of 3 - 3 gal Viburnum (fill in) 3 10.00 30.00 Installation of 10 - 3 gal Mammy Croton (1 lth cut out) 10 10.00 100.00 Installation of 10 - 3 gal Green Island Ficus (11th cut 10 10.00 100,00 out) Installation of 15 - 3 gal Grecn Arboricola (to end of 15 10.00 150.00 wall) Total $6.310.00 (772) 562-6249 fax:(772) 562-7878 Coast_2Coast@bellsouth.net Pag4 pted by: 161 ppsttoCoes G , Landscaping PO Box 651477 Vero Beach, FL 32965 Estimate Date Estimate # 2/9/2015 4872 (772) 562-6249 fax:(772) 562-7878 Coast_2Coast@bellsouth.nct PaAtepted by: 162 Name / Address Trillium HOA c/o Golden Sands Management; Inc. 7150 20th St., Ste H Vcro Beach; FL 32966 P.O. No. Project Description Qty Cost Total Center Island Installation of 25 - 3 gal Green Island Ficus 25 10.00 250.00 Installation of 1 pallet of sod 1 250.00 250.00 Installation of 20 - 3 gal Mammy Croton 20 10.00 200.00 East outside of walkway Island 1 Installation of 1/2 pallet of sod 0.5 250.00 125.00 Island 2 nstallation of 15 - 3 gal Variegated Arboricola 15 10.00 150.00 'Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 3 Installation of 15 - 3 gal Green Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Island Ficus 17 10.00 170.00 Island 4 Installation of 15 - 3 gal Purple Ruella 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 5 Installation of 15 - 3 gal Green Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 6 Installation of 15 - 3 gal Green Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 7 Installation of 15 - 3 gal Purple Ruclla 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus East outside walkwalk 17 10.00 170.00 Island 1 Total (772) 562-6249 fax:(772) 562-7878 Coast_2Coast@bellsouth.nct PaAtepted by: 162 oast to Cori et Landscaping PO Box 651477 Vero Beach, FL 32965 Estimate Date Estimate # 2/9/2015 4872 (772) 562-6249 fax:(772) 562-7878 Coast_2Coast@bcllsouth.net Paat6pted by: 10,c 0 163 Name / Address Trillium HOA c/o Golden Sands Management, Inc. 7150 20th St., Ste H Vero Beach, FL 32966 P.O. No Project Description Qty Cost Total Installation of 25 - 3 gal Variegated Arboricola 25 10.00 250.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 2 Installation of 15 - 3 gal Green Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 3 Installation of 15 - 3 gal Green Island Ficus 15 10.00 150.00 Installation of 17 - 3 gal Purple Ruella 17 10.00 170.00 Island 4 Installation of 15 - 3 gal Variegated Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 5 Installation of 15 - 3 gal Green Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 6 Installation of 15 - 3 gal Green Island Ficus 15 10.00 150.00 Installation of 17 - 3 gal Purple Ruella 17 10.00 170.00 Island 7 Installation of 15 - 3 gal Variegated Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green island Ficus 17 10.00 170.00 Island 8 Installation of 15 - 3 gal Green Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 9 Installation of 15 - 3 gal Variegated Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 10 Installation of 15 - 3 gal Green Island Ficus 15 10.00 150.00 Installation of 17 - 3 gal Purple Ruella 17 10.00 170.00 Total $6,045.00 (772) 562-6249 fax:(772) 562-7878 Coast_2Coast@bcllsouth.net Paat6pted by: 10,c 0 163 Orchid Island Property Management II, Inc 1450 74th Ave. SW Vero Beach, FL 32968 Phone # 772-228-9833 Fax # 772-228-9854 Indian River County Purchasing Division 1800 27th Street Bldg B Vero Beach, FL 32960-3365 Estimate Date Estimate # 2/18/2015 15-11 Service Address 66th Avenue landscaping Attn: Deward Howard Description Qty Rate Total Installation of all plants and sod as specified on list provided by IRC for the additional landscaping on 66th Avenue project 15,375.00 15,375.00 Thank you. Please call if you have any questions. Subtotal $15,375.00 Sales Tax (7.0%) $0.00 Total $15,375.00 164 �.G(ljbf� Lal14ca tvt :51141lbnlOh Sa. �SI 5ar .ol(a.hI 36L5(6' — 617 1 1 Description Qty Cost Total Cuter Island Installation of 25 - 3 gal Green Island Finis s 25 /2.. G D 3 OD Installation of 1 pallet of sod Installation of 20 - 3 gal Mammy Croton r/6 hi -k 1 20 gv Fast outside of walkway Island I Installation of 112 pallet of sod 0_5 I LID : I yo Island 2 Installation of 15 - 3 gal Variegated Arba icola 15. (2_, 00 N'0 Installation of 17 - 3 gal Green Island Ficus Islsmd 3 17'( %0' Installation of 15 - 3 gal Green Arboricola 15 (_; CO I iv Installation of 17 - 3 gal Island Ficus 17. 2_ , op 9,0 Island 4 Installation of 15 - 3 gal Purple Ruella 15 (-, (i 0 ( ft Installatic1 of 17 - 3 gal Green Island Ficus Tslanti 5 17 9_p 0 -i5 (/"' Installation of 15 - 3 gal Green .Arboricola 15 f .. O ! 75-c5 Installation of 17 - 3 gal Green Island Ficus 17 t DO A6 9 - Island 6 installation of 15 - 3 gal Green Arbaricola 15 ( , 0 0 l St) Installation of 17 - 3 gal GI= Island Ficus Island 7 17 l a_ (.3 0 9-6) Installation of 15 - 3 gal Purple Ruella 15 b-, 0 6 1 $6 Installation of 17 - 3 gal Green Island Ficus 17 (. , 6 6 Vs?). East otrtsidr walkwalk Island 1 / Total 3 D, 6 165 Description Installation of 25 - 3 gal Variegated Arbaricola Installation of 17 - 3 gal Green Island Ficus Island 2 Installation of 15 - 3 gal. Green Arboricola Installation of 17 - 3 gal G,ecu Island Ficus Island 3 Installation of 15 - 3 gal Green Island Ficus Installation of 17 - 3 gal Purple Ruella Island 4 Installation of 15 - 3 gal Variegated Arboricola Installation of 17 - 3 gal Green Island Ficus Island 5 Installation of 15 - 3 gal Green Arboricola Installation of 17 - 3 gal Green Island Ficus Island 6 Installation of 15 - 3 gal Graffi Island Ficus Installation of 17 - 3 gal Purple Ruella Island 7 Installation of 15 - 3 gal Variegated Arboricola Installation of 17 - 3 gal Green Island Ficus Island 8 Installation of 15 - 3 gal Green Arboricola Installation of 17 - 3 gal Green Island Ficus Island 9 Installation of 15 - 3 gal Variegated Arboricola Installation of 17 - 3 gal Green Island Ficus Island 10 Installation of 15 - 3 gal Green Island Ficus Installation of 17 - 3 gal Purple Ruella 2 - Qty 25 - 25 17 15 17 15 17 15 17 15 17 15 17 15 17 15 17 15 17 15 17 Cost 1`Z,o° 1 , 60 160 lt) 00 0,00 i,a, 00 Tatai Total ;9&? so.00 166 Description West side inside sidewalk (1st cut of 4 - 3 gal Variegated out) Installation of 3 - 3 gal Viburmnn (1st art out) Installation of8-3 gal Mammy Croton out) Installation of 65 - 3 gal Green Arbon (3rd Installation of 15 - 3 gal Green Arbarila(4th c cut out) Installation of 10 - 3 gal Green Island Ficus (3rd cut out) Croton (3rd cut cut) man of 10 - 3 gal Mammy Croton (to 5th cut Installation of 55 - 3 gal Green Arbo out)5th cut out) Installation of 10 - 3 gal Green Island Ficus ( Installation of 5 - 3 gal Mammy Craton (5th cut out) Installation of 115 - 3 gal Gig Arboncola (end of wall) Green Island Ficus (8th cut ant) 1nct�Afirmofl0-3gal cut out) Installation of 5 - 3 gal Mammy Croton (8 th West side of inside sidewalk Installation of 4 - 3 gal Variegated Arbancola (1st cut out) Installation of 40 - 2nd cut out) Installation of 10 Installation of 10 out) Installation of I - 3 gal Viburnum (fill in) Installation of 10 - 3 gal Mammy Croton (3rd cut out) 3 gal Green Agricola (along wall to - 3 gal Mammy Craton (2nd cut out) - 3 gal Green Island Ficus (2nd cut Qty 4 8 65 15 10 10 55 10 5 115 10 5 4 40 10 10 1 10 Cost /2, 06 /2.,06 13-00 10_,00 12, pL Total Jav6. Total 167 Description Qty Cost Total Installation of 10 - 3 gal Green Island Ficus (3rd cut out) 10 6-.3,r) 0,0b 1, /.0, Installation of 35 - 3 gal Green Arboricola (to 4th cart out) 35 '5.5 1')'6' I Pa Installation of 10 - 3 gal Green Island Ficus (4th cut out) I0 -`S !0 , GO Installation of 3 - 3 gal Vaunt= (fill in hedge) 3 • C C I'd • W , 3k Installation of 50- 3 gal Green Arboricola (along wall to 50 12,0 b ' 6000 6th cut out) Installation of 10 - 3 gal Green Island Ficus (5th cut out) 10 ! , 0 0 l3- j Installation of 10 - 3 gal Mammy Cram (6th cut out) 10 ! ;-, o b I0-0 Installation of 10 - 3 gal Giecu Island Ficus (6th cut out) 10 10.• C,D Installation of 10 - 3 gal Green Island Ficus (7th cut out) Installation of 10 - 3 gal Mary Croton (8th curt out) 10 10 II- , 0 0 i !a' 0 0 t iGg Installation. of 10 - 3 gal Green Island Ficus (8th cut out) 10 0-, . Ob , ('-'° Installation of 15 - 3 gal Green Arboricoia (to 8th cut 15 •)- 0 c.' l IS. t: out) Installation of 10 - 3 gat Green Arboricola (to 10th cat out) 10 L2. Co 12-0 Installation of 10 - 3 gal Green Island Ficus (10th curt 10 (a. 6 0 ' i 'c) out) ' 3� Installation of 3 - 3 gal Viburnum (fill in) 3 �•�� 10 / , _e b 1 '). 0 Installation of 10 - 3 gal Mammy Ci oton (11th cut out) Installation of 10 - 3 gal Green Lsland Ficus (11th cut out) 10 i3-. GG , 0 iS6 Installation of 15 - 3 gal Green Arboricola (to end of wall) 15 fa. 00 i Total 77.01 • o a:o0 kij&lq..06 r. sA S In64Aeco 168 35.50!' Jf "1-7-71,71• or•Tirl, TYPE .D* CURB •-••••• ;.4 ttn,' • 4 'A. e 41 • •)—,.; • • ; .ks.d "•4 ;11'1 -** ; • --•••i",1•• . . ... 012 - •riZ• .2. V2: . BE 0.5' FLOOR ri„P' A/C PAD 14•SC 0 CO. PATIO (TYP) °POSED 4 UNn. UcOE • • • ' BUFFER—, A/C PAD NOTE: ,A.A.PADS TO BE u.S' MOW FINISHED FLOOR 43'• WI 8_ HICH,VALL TO BE PURCHASED BY IRC I in. 19.14' • cl/60' EXISTING R/W cc: IRFWCD 30' CANAL R/W PATIO (TW) ) ••• o 96.48. -4: 0 ?) LANDSCAPE/COMMON SPACE !'-2.66 AC = PATIO (Tin ' 1 , PROPOSED pRop so VALO o kr. r '.• c ; 1/4 '.-; „., n c •,.. .-::::'• ..-FM-.7:74-':;%'1.V4°417.X"' -41.--i"--f-i•'('"'-';-;(4;4scei,`•`,---,.••••.-- -f.' -- ---. • — ` ...... r -1-,.. ,... ,LIZ,,,,._..:_?.. --•?=,k, :It'f-r-L.v•f;I::•,:,;•;--; ,'"'"-!."-‘-•::'-:'''s'"''''' .7.-'' --S-14:''''':'.. LPROPOSED 5' SIDEWALK S89'44E 384.42' 1' FROM ft 43' .., ..—. _ — 80' ULTIMATE R/W • r'F% D17. 1 A.--Ii.1.174. Y.1.IN . e0.000100v I01g1,11141 ILRAtiollsk RE -;.;SE W. •••• 3. = 4 Cialwrt .: Inv. -14 89. E 15.49' SCHULKE, BITTLE & STODDARD, L. • ' '317-;!. /C.! )63.A .1. cd 5 2 1.$1 / AC - 049 ,tectG\4- DENOTES VILLAGE BOUNDARY I Ase.. elliidi WA TgR Ay A GEM Eq T //D.48 Ac .., -......i.,,,,.;,..- ---",' NV —/1 .3.cpo .......... ; I -STOR MWATER--- MA -NA -GEM T —Frizwik‘Wttist • _ SCHULKE, BITTLE & STODDARD, LLC. clvL LAO PLA/VN/NG • ENVIRONMENTAL ?FRU/TT/NG 0111WAII, • INV.,1 3.00 -STORMWATER-I,of AN AGE-fyipi 0.48 -AC- -- 424.457' - ct—ta 16"Cv :fn.... ;an._ 1101 o 0 cc 0 0 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: Indian River Neighborhood Association, Dan Lamson ADDRESS: PO Box 643868, Vero Beach, FL 32964 PHONE: 772-410-4612 SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? IR Lagoon council X YES YES YES Join the lagoon council X X NO NO NO 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 Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: l cAl (1 Joseph A. Baird Z /0) 169 INDIAN RIVER COUNTY, FLORIDA �.. INTER - OFFICE MEMORANDUM COMMUNITY I)FVI:LOP MENT TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Develop ent Director FROM: Roland M. DeBlois, AICP ‘^ Chief, Environmental Planning & Code Enforcement DATE: March 3, 2015 RE: Board Consideration to Terminate Contract with TSI Disaster Recovery, LLC, with Payment for Work Performed, and Alternatives for Channel Restoration at Head Island (a.k.a. Green Salt Marsh Conservation Area) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 10, 2015. DESCRIPTION AND CONDITIONS Head Island (the County -owned Green Salt Marsh Conservation Area) is located in the Indian River Lagoon, west of St. Christopher Harbor Subdivision. In 2010, the Board of County Commissioners conceptually approved a proposal initiated by the St. Christopher Harbor Homeowner's Association (HOA) to restore a natural channel at the island and provide navigable passage to the north for area boaters. Due to a number of public benefits associated with the proposal, in 2014 the County and the Florida Inland Navigation District (FIND) became partners in the project. Public benefits include establishment of a short route to deep water for boater traffic, resulting in less boater impact to lagoon resources (seagrasses); improved water circulation; and eradication of nuisance exotic vegetation from public conservation land. In initiating the project, the HOA paid for design of the restoration and for Florida Department of Environmental Protection (FDEP) and Army Corps of Engineers (ACOE) permits for the work. Those permits are good through October 2016 (FDEP) and March 2017 (ACOE). Beyond the cost of the design and permitting ($38,000), the HOA has also committed an additional $16,750 toward the project. The County has been awarded a 25% cost -share grant from FIND for channel restoration and other improvements at the island. On December 16, 2015, the Board of County Commissioners authorized staff to negotiate a contract with TSI Disaster Recovery, LLC ("TSI") for the channel restoration, based 170 on a bid price of $78,500. Subsequently, the County entered into a contract with TSI to conduct the work at the referenced bid price, and project work has commenced. Although TSI has made progress in completing certain tasks relating to the project, an unforeseen circumstance has arisen with respect to a need for off-site disposal of dredged material, as later explained in this memorandum. This matter is being presented for the Board to consider terminating the current contract with TSI with payment for work performed, for reasons explained hereinafter. ANALYSIS The following table summarizes the Head Island project overall cost estimate, as presented to and approved by the Board on December 16, 2014, based on TSI's bid: Head Island Channel Restoration FIND Waterways Assistance Program Project (ESTIMATE APPROVED BY BCC 12/16/14, BASED ON TSI DISASTER RECOVERY BID) Project Element Estimated Cost FIND Cost (25%) County Cost St. Christopher Harbor HOA Design and permitting $38,000* N/A N/A $38,000* Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization and project construction (Based on TSI $78,500 $19,625 $42,125 $16,750 Disaster Recovery Bid) Project management, engineering oversight and contingencies $18,000 $4,500 $13,500 N/A TOTAL $144,500* $26,625 $63,125 $54,750 *$38,000 has already been spent by the HOA in obtaining FDEP and ACOE environmental permits. Design and permitting costs are not covered under the FIND cost -share grant project; the total FIND grant project revised cost estimate is $106,500. The funding source approved by the Board for County expenditure towards the project is the Florida Boating Improvement Fund. TSI's Work Completed to Date TSI's bid award of $78,500 is for barge mobilization and project construction (only), and does not include other project tasks such as design and permitting; public boat landing construction; or project management, oversight and contingencies. The tasks of TSI's approved bid contract are itemized as follows: TASK BID PRICE COMPLETED 1. Mobilization (includes demobilization) $10,000 $5,000 2. Removal and disposal of fill, including proper siltation control $26,000 $3,999 3. Breaching of mosquito control dikes $22,000 4. Removal of Australian pine and Brazilian pepper $17,500 $17,500 5. Installation of navigational / manatee protection signage $3,000 TOTAL $78,500 $26,499 2 171 To date, TSI has completed the following tasks: Task 1: Mobilization (barge, excavation equipment on-site). Task 2 (Partial): Deployment of siltation control devices. Task 4: Removal/chipping of vegetation from dike breach and channel restoration areas, basil bark herbicide treatment of nuisance exotics on perimeter dike. Unforeseen Circumstance: Off-site Disposal of Dredged Material The Request for Proposals (RFP) that TSI bid on for the Head Island channel restoration work included, as attachments, the ACOE and FDEP permits for the project. A condition specified in those permits is that "all fill generated [from the channel excavation and dike breaches] shall be disposed of on an upland site." According to TSI representatives, TSI bid the work under the assumption that there were sufficient uplands on-site (i.e., on the Head Island impoundment dikes) to accommodate upland disposal of dredged material. In fact, TSI posed a question in an addendum to the RFP as to whether or not it would be acceptable to spread soil from excavated breaches along portions of the dike, to which county staff answered yes. Based on its understanding of staff's response, TSI submitted its $78,500 bid (substantially lower than the next lowest bid of $319,650 received by the County). At a field meeting with ACOE staff after the bid was awarded, however, TSI learned that although there are upland areas on the Head Island perimeter dike, the areas that the ACOE would allow for soil spreading are insufficient to accommodate the amount of material to be dredged. Based on an approximate two-week time frame needed for scheduling the ACOE field meeting and the subsequent finding of insufficient uplands for on-site disposal, TSI's dredging of the channel and breaches has been delayed. TSI Change Order Proposal for Off-site Disposal After learning that there are insufficient ACOE-approvable upland areas on-site for disposal of dredged material, TSI submitted an initial and then a second revised proposed change order to staff with revised costs for off-site disposal (see Attachment 3). As proposed, TSI's (revised) change order for off-site disposal is $167,560 with a per diem rate of $13,963.33, bringing total construction costs to more than $200,000, not including cost for off-site trucking of material or site restoration. In total, the proposed change order would bring the overall Head Island project total to more than $300,000. After receiving TSI's proposed change order, staff looked into alternatives for completion of the project by means other than excavation of the channel by barge. In that regard, staff obtained an engineer's cost estimate made in consultation with a qualified contractor, for a land-based excavation of the channel and breaches using small equipment, including off-site trucking of material, at a cost in the range of $127,000. That land based approach would require use of Island Drive, the northern private road within St. Christopher Harbor. Use of that road for project completion would require the cooperation of the HOA. Under the land-based approach, total project cost would be approximately $224,500. Staff's position is that TSI's proposed change order for off-site disposal of dredged material is untenable under the current funding scope of the Head Island restoration project. In recent discussions between staff, the Deputy County Attorney, and TSI on that issue, TSI indicated it was agreeable to them to be paid for work rendered, with no charge to the County for the several weeks that TSI has had its barge deployed at the work site. Staff has field -verified the work completed by TSI to date and has determined that the work has provided a public benefit in the form of exotics eradication from a County -owned conservation property. 3 172 ,` Alternatives In considering this matter, the County has a number of alternatives. Those alternatives include: 1. Hold TSI accountable to the contract bid price of $78,500 to complete the Head Island channel restoration work, irrespective of the unforeseen need (and cost) for off-site dredged material disposal; 2. Approve TSI's change order proposal and substantially increase the funding scope of the Head Island restoration project; 3. Terminate the County's contract with TSI with payment for work performed, and discontinue any additional work, effectively ending the overall project; 4. Terminate the County's contract with TSI with payment for work performed, and issue an RFP for completion of the job with off-site disposal of dredged material, with completion costs to be determined. Under this alternative, the County would need to require the HOA to commit to allowing use of (private) subdivision roads for land-based removal of fill. In addition, the County could determine its cost-sharing level now by setting a cap for its share of the contribution to the project (a typical maximum local match is 50%) and require the HOA to commit to covering additional project costs. Short of the HOA meeting use of roads or additional funding commitments, the County could refrain from issuing an RFP, effectively ending the overall project. Regarding the alternatives, the County could take the position that TSI had sufficient opportunity in making its bid to determine that there is insufficient uplands on—site for disposal of dredged material. That being said, the extent (or lack thereof) of upland disposal areas on-site was not fully known until an on-site meeting with ACOE staff after the bid award and project mobilization. Staff's finding is that the work TSI has completed (i.e., herbicide basil bark treatment of exotics on the entire Head Island perimeter dike and clearing of the breach and channel areas) was done competently and has the public benefit of exotics eradication from publicly -owned conservation land. For those reasons, staff believes it is appropriate to pay TSI for work performed. TSI's cost estimate for completion of the channel restoration with off-site disposal of material, however, is untenable under the project budget and, therefore, the contract with TSI warrants termination without TSI conducting further work under the contract. For the reasons described herein, staffs position is that the County should terminate the contract with TSI with payment for worked performed. The payment to TSI for worked performed, accounting for a demobilization cost of $5,000 (completion of bid item Task 1) is $31,499. Staff also believes it is appropriate for the County to set a County spending cap, say 50% of overall costs not to exceed $115,000, and issue an RFP to solicit bids for completion of the project. If the HOA is not willing or able to commit to use of the roads and to fund additional costs beyond the County's 50% / $115,000 cap, then the project could be effectively ended. Under the scenario that the County agrees pay TSI for work performed and proceeds to issue an RFP for completion of the project at the estimated cost of $127,000, following is a revised table of overall project costs (assuming the County sets a 50% / $115,000 cap on County funding towards the project, and the HOA funds the additional remainder). 4 173 Head Island Channel Restoration FIND Waterways Assistance Program Project (REVISED ESTIMATE BASED ON TSI PAYMENT FOR WORK PERFORMED & NEW RFP) Project Element Estimated Cost FIND Cost (25%) County Cost* St. Christopher Harbor HOA Design and permitting $38,000* N/A N/A $38,000* Public boat landing $10,000 $2,500 $7,500 N/A TSI payment for work performed (exotics treatment, channel/breach vegetation clearing, siltation control, mobilization) $31,499 $7,874 $23,625 N/A Channel/breach completion under new RFP (engineer's estimate) $127,000 $22,875 $65,626 $38,499 Project management, engineering oversight and contingencies (revised) $18,000 $2,501 $15,499 N/A TOTAL $224,499* $35,750 $112,250 $76,499 *Assumes a County cap of 50% of total project costs, not to exceed $115,000. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Authorize the Chairman to execute the attached agreement for termination of the County's contract with TSI Disaster Recovery, LLC with payment of $31,499 for work performed; and 2. Set a County payment contribution cap at 50% of overall project cost, not to exceed $115,000; and 3. Authorize staff to coordinate with the St. Christopher Harbor HOA to obtain the HOA's authorization to use Island Drive for land-based removal of fill and a commitment of further contribution to project costs; and 4. Authorize staff to issue an RFP to complete the remaining project work, contingent upon the HOA committing to private road use for fill removal and to additional funds for the project. If the HOA does not commit to those items, the overall project will be effectively ended. ATTACHMENTS 1. Sketch of Head Island with notes on proposed improvements. 2. TSI Disaster Recovery, LLC contract agreement with bid price by task. 3. TSI Disaster Recovery, LLC change order proposal. 4. Letter from Engineer on land-based restoration approach. 5. Agreement for Termination of Contract. APPROVED: FOR: March 10, 2015 BY: //q ?,`f I. %, • r\-../' ?,.}-r;.` M:\L(C Green Salt Marsh aka Head Island\Head Cove restoration\Head Cove TSI contract progress pay and change ord staff report for BCC 3-3-A' .doc 5 174 I.R.Count A s . r+ d Date Admin. "WWI q - �- %-y Leal r92.7."ANIUMEgill Bud et ` MIlif II De t. VIIIIIILWAtEll Risk Mgr. VAIMII 5 174 m o n o 5' - C0 c a 0 0 0 0- 0 v ;uauienoadusl puelsi peeH z ATTACHMENT 1 175 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and TSI Disaster Recovery, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island Bid Number: 2015015 Project Address: Head Island, also known as the Green Salt Marsh Conservation Area, is located on the east shore of the Indian River Lagoon, adjacent to 2105 Island Drive, Vero Beach, FL 32963 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Contract. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 60th day after the date when the Contract Times commence to run. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.8, below: Page 1 of 6 ATTACHMENT 2 176 A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $78,500 Written Amount: Seventy-eight thousand five hundred dollars and zero cents ARTICLE 5 - COMPENSATION 5.01 Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. Page 2 of 6 177 E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6 , inclusive); 2. not applicable) 3. Certificate(s) of Insurance 4. Addenda (numbers 1 to 2 , inclusive); 5. CONTRACTOR'S Bid Form (pages 10 to 11 of 25, inclusive); 6. Bid Bond (pages 1 to 2 inclusive); 7. Affidavit of Compliance (page 12 of 25); 8. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 13 to 14 of 25, inclusive); 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Change Order(s). *"' Page 3 of 6 178 10. FDEP Permit 11. USACE Permit ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. Page 4 of 6 179 (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY Page 5 of 6 180 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 1:W._Ci11 k'{ Ib, 20 \ lithe date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY B Wesley S. Davis, Chairman, Board of; b ;* Commissioners By: frit, Joseph Ajaird, County Administrator CONTRACTOR: lJ ,�vO��MtiSSIQ** ,• By. (Co actor) ?o' •o ti f ;Ck• '. RIVtRC'test APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: v Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Cornrftrol Attes (SEAL) Deputy Cler Designated Representative: Name: Roland DeBlois Title: Chief, Environmental and Code Enforcement 1801 27th Street Vero Beach, FL 32960 (772) 226-1258 Fax (772) 978-1806 Page 6 of 6 (CORPORATE SEAL) Address for giving notices• 413-6 CiaAA-11-e Oki -e -k• 12-4 License No. G GG I S 2 l 73 (Where applicable) Agent for service of process: B. Designated Representative: Name: Title: MW Address: LH (,/(,€4 - i1 S-1- • CI PZ- 3 if -7 7 �- Phone: Facsimile: Lin-7-11/-d1ea5 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 181 \(,(c)PY 2015015 - Head Island Bid Form Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island Bid #: Bid Opening Date and Time: g t-ecat m 2015015 November 20, 2014 2:00 P.M. -Purchasing--Division -Diuis-i©n 1800 27th Street Vero Beach, FL 32960 The following addenda have been received and are hereby acknowledged: Addendum Number Date a - In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following: Tat Biid Price 1. Mobilization $ /0t 400. el) 2. Removal and disposal of fill, including proper siltation control $ 24,/ DOD. eV 3. Breaching of mosquito control dikes $ Z2-, ODD. Bke 4. Removal of Austrian pine and Brazilian Pepper trees $ / 7/ COD • PD 5. Installation of navigational/manatee protection signage $ 7 bcv , Total Bid $ 70, 6 00 . el) 4;g1-1*T Swot-oe Total Bid Price in Words Project completion time after receipt of "Notice to Proceed" or PO: (00 DAYS Contractor's License Numbers: G SSG' S 2-0 173 r i I i 7'sL 11,�usite-2 Page 10 of 25 182 2015015 - Head Island List similar project references: W,1i 1-1 oa,4* l a riat. New: N17 ob 10444,e1 £amu Lc/a- z4 '/, 7evti WGl h 200 e° 0co/ .141M, ice fuG�ww 1l Inott $14.PrIV%14112•1 re -r)14.4.4 N(, V. .,._.., e Wates WaWrot-sino6:-' Cio,F coG661.6e244, bnw r) M it e.164 %e. fes► Y4444 -11441". 14.) woo 1e lee ?v The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: Company Address: 4-i 3.0 Ga444 Cie ,2d v City, State Sa-ltivf` al 1 Pi- Zip Code 3477-- T tep11Dne: �o7. gq / ' 05- 4/07— 8q1- G%try E-mail: Ts -z!2-' cas - I2-ec 04 LLG 11110 t -151' . La-H•� Business Tax Receipt Number: U - I 1503 -to Authorized Signature: / Gd/ Date: FEIN Number: Z .2-eo 521924 Name: )4141 t&) ►� (Type /'Printed) Page -111)f 25 Title: 11 Iq 7-0 1'-P 183 2015015 - Head Island Affidavit of Compliance TPleaseinclude thiis1orm with your'Siid) Indian River County Bid # 2015015 for Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island ❑ We DO NOT take exception to the Bid / Specifications. We TAKE exception to the Bid / Specifications as follows: Gcu. th'e-n w-il l n.et 4v b - - l rKe r4, hu,g444 kat sf m VArtii-vtiA roar) oven pit. 4r,c th-d !no -v•rori 14;w -e 0444 • 21 Wil i?e Pm CiTkia=a& a t/V li i'orl . Company Name: pii'su.s4r rz- Company Address: SG ` 341179 - Telephone Number: 11-07- /- Q1706- Fax: 1/07—i// E-mail: in [v @ "kg -4 d?4 S- -00(1.- " en lA Authorized Signature: f/ Name: ��✓► V� /ri (Type Printed) /A/ � l Date: ��/��7 Page 12 of 25 Title: M 614-44-' 184 2015015 - Head Island SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2015015 for Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island 2. This sworn statement is submitted by: (Name of entity submitting Statement) whose business address is: (-J 13.v ca -o--e atac 1201 s - Bu -. ,F& 34770 - and its Federal Employer Identification Number (FEIN) is 24-2-10 3.. .Myname is W n449- e (Pleaser}frint name of individual signing) and my relationship to the entity named above is M 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: T-heterm.'=affiliate" includes -thaw -o#f leers ldir-ect-ors; -exectutives, Dart era, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, ,husband, wife, fatter4in-law, inotl erl in,law; •d ter-ln- law, sGr44n aw; -k -rtt# of -4aw, sister- in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the Page 13 of 25 185 2015015 - Head Island -entity; anyretationshi°ps-as -defined -in-seetion Yti5.ii6; Indian -River -C-crunty--Code, withra y - County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or eptity or employee STATE OF r/111-4 9 COUNTY OF QSGG�1 The foregoing instrument was acknowledged bef , who is -ignature) /4//19/q - (Date) h' 9 day of n10 //1441721.64t,420 by erspally know as iden i 'cation. SIGN: I �►pV P /q•• 6;I14 AMY M HAR7MAN tFF Notary Public - State of Florida My Comm. Expires Jun 10, 2016 %' Commission 1 FF 128672 Page 14 of 25 to me or who has produced NOTARY PUBLIC VU h1- Mei Notary Public, State at Targe My Commission Expires: (Seal) 186 Addendum #1 — 2015015 — Head Island Improvements Indian River County 1800 27th Street Vero Beach, FL 32960 Phone (772) 226-1416 Fax (772) 770-5140 ADDENDUM NO. 1 Date: November 4, 2014 Project Name: Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island Bid Number: 2015015 Bid Due Date: November 20, 2014 at 2:00 pm This addendum addresses questions asked to date. Question 1. Page 7 of 25: Insurance Requirements, Longshoreman's — If we were to subcontract out the installation of the navigational/manatee protection signage, would we, as the prime contractor be required to carry Longshoremen's insurance provided that the subcontractor has it? Answer: The prime contractor is required to carry Longshoreman's Insurance. -Question- 2. What- aretoe t-itiuide ! Damages -13n t pvojeet7 Answer: There are no liquidated damages for the project. Question 3. We noticed that the DEP permit drawings are stamped Oct 18, 2011 and the USACE drawings are dated 6/4/12. Are there any more recent or cleaner/more descriptive drawings available? Answer: There are no more recent drawings. The clearest drawings available are attached (Zamora & Associates Drawings, USACE numbered 2-12 of 13). Question 4. Are there any time limits when work cannot be performed? Answer: No. 187 Addendum #1 — 2015015 — Head Island Improvements **This Addendum must be acknowledged by return of this form and/or where indicated on the Bid Form** All bids must be received in the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the Date and Time shown above. Late bids will be returned unopened. Company Name 1 SaLa fAleAl -tame: I -611 V1% t rvI d-✓&- Titles M"14,1'✓L (Type Printed) Authorized Signature: T8lep:h ane: 1+07 1 `FraVc -.ax: Date: L07- O I l -9 a7S 188 Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Date: Phone (772) 226-1416 Fax (772) 770-5140 ADDENDUM NO. 2 November 12, 2014 Project Name: Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island BlAtm : 20.15M a s Bid Due Date: November 20, 2014 at 2:00 pm This addendum addresses questions asked to date. -Question 1. Wilt mechanical means of mulching pepper -trees and'AustraTian Pines be acceptable? Answer: Yes. Question 2. Will the shredded chips from the mulching be allowed to stay on site? Answer: Yes. Question 3. Is it the intention of the County for the Contractor to excavate from the water or by land? Answer: By water, unless it is feasible and more economical to excavate by land. Question 4. Will it be acceptable to spread the soil from the excavated breaches along portions of the berm/dike? Answer: Yes. Question 5. Will trimming of mangroves be acceptable/permitted to access the site? Answer: Yes. Question 6. No vertical and horizontal survey control points are shown on construction plans. Will they -be-providedbe-surveyors-responsibility t tabtisl-i--cont-pointsfrom4nthan rer.0--ou ty control marks (nearest control point appears to be 1.0 miles from site)? -Answer: The--C-o ywillp -oxide-vira=l aril vey -control>p r . 189 Addendum #2 — 2015015 — Head Island Improvements Question 7. No exact horizontal position is given. It appears that the intent is to match the existing physical conditions (i.e. existing channel and historical inlet). Or will exact horizontal position be given by X,Y,--coo linatss rarthermearns=? Answer: The intent is to match existing physical conditions (existing channel and historic inlet). **This Addendum must be acknowledged by return of this form and/or where indicated on the Bid Form** All bids must be received in the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the Date and Time shown above. Late bids will be returned unopened. Company Name Name: Ja- 1 '.Pi✓►friX W ((1 11/1-Ch/- (Type l l9 -/-(Type Minted) Authorized Signature: Telephone: 40-7 1 1 ^ os Title: Date: / 7,0)± Fax: 40-7 ) - cos 190 THE AMERICAN INSTITUTE OF ARCHITECTS Executed in 2 Counterparts AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we TSI Disaster Recovery, LLC (Here insert full name and address or legal title of Contractor) 4130 Canoe Creek Road, St. Cloud, FL 34772 as Principal, hereinafter called the Principal, and The Gray Insurance Company (Here insert full name and address or legal title of Surety) PO Box 6202, Metairie, LA 70009-6202 a corporation duly organized under the laws of the State of LOUISIANA as Surety, hereinafter called the Surety, are held and firmly bound unto Indian River County Board of County Commissioners (Here insert full name and address or legal title of Owner) 1800 27th Street, Admin Bldg B, Vero Beach, FL 32960-3388 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ ---5%___ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 2015015, Removal of Fill from Indian River Aquatic Preserve & Restoration of Head Island, NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 20th (Witness) /44,,vD:./14./(X_ (Witness) 1 day of November TSI Disaster Recovery, LLC 2014 !Principal)/ (9X42)Se a0 (Seal) (Title) Don Bramlage, Attorney -in -F and Florida Licensed Resi t Agent MA DOCUMENT A310 • BID BOND • AIA e • FEBRUARY 1970 ED • TME AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 .1 to ise Printed on Recycled Paper 9,93 1 191 . R �- -u . - r. • 01-0•-1 T •-• - • HIS ' OCUMENT IS NOT AUTHENTIC UNLESS IT HAS A TRUE THE GRAY INSURANCE COMPANY , THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, THAT The Gr y Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices -in Metairie, Louisiana, do hereby make, constitute, and appoint Susan L. Reich, Jeffrey W. Reich; Don Bramlage, Kim E.Niv, J. Gregory MacKenzie, j(.eslie M. Donahue, Patricia L. Slaughter, and Teresa L. Durham of Daytona Beach, Florida jointly or severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in- Fact, b make, execut& seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. - This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June, 2003. 15704 "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company bonds, -undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the -Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such -Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in—he future when so affixed with regard to any bond, undertaking or, -contract of surety to which it is altahed. IN V1TNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety pompany have caused their official seals to be hereintA. affixed, and these presents to be signed by their authorized officers this September 12, 2011. By: State of Louisiana ss: Michael T. Gray President, The Gray Insurance Company and Vice President, (The Gray Casualty & Surety Company Attest: Mark S. Manguno Secretary, The Gray Insurance Company, The Gray Casualty & Surety Company Parish of Jefferson ; - On this September 12, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company,/and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that the signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. •,nui:"1{' f of �vOR} L7P % % tib, } 10‘ Post.t.jv 4444E of ioV . Lisa S. Millar, Notary. Public, Parish of Orleans State of Louisiana My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do herebycertify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and,effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this Grp day of Akt16Ji/ k. a Cid r wywiik Mark S. Manguno, Secretary The Gray Insurance Company The Gray Casualty & Surety Company 192 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/17/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY • CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED , NT VICROQDOGER,►NDTifECER44FICA 3ER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 Amsley Insurance Services Inc 1.61.7 1_3th.St CONTACT Lance Turck NAME: MIL EM1: (407) 892-9645 FAX No)_ (407) 892-7807 E-MAIL e It insurance.com ADOREss: It@amsleyinsurance.com ANSURER{S):AF.F.ORDING:GOVERAGE -NAIC.fl St Cloud FL 34769-4306 INSURER A : Colony Insurance Co 37150 INSUREDINSURER TSI Disaster Recovery, LLC. 4130 Canoe Creek Rd St Cloud FL 34772-7702 B : Integon National Insurance Co 01140 INSURER c :American Alternative Insurance Co 19720 INSURER D : Granite State Insurance:Co 23809 INSURERE: RL1 Insurance Co 13056 INSURER F : American Zurich Insurance Co RAGES CERT4 JGATENUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 'ISSUED TO -THE MITRED -NAMED ABOVE I uitTHE'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 INSRADDL LTR TYPE OF INSURANCE INSR 1 B - WVD POUCY NUMBER POUCY EFF ,JMMIDD POLICY ,- MIDD/YYYY) LIMBS A B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X X X 103GLU0-0294600 2001298439 '03/1472014 05/29/2014 03/1412015 .05/29/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE PREMISESX (Es occurrence) $ 100,000 MED—EXP (Any onepersort) $ .5,000 -CLAIMS,MADE X .'OCCUR PERSONAL 8 ADV INJURY $ 13:00,uUU GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L 3-<-1 AUTOMOBILE X AGGREGATE LIMIT POLICY n JECT LIABILITY ANY AUTO ALL OWNED AAUTOSyy HIRED AUTOS APPLIES •V ^ PER: n LOC SCHEDULED AUTOS ©N�WNE[i AUTOS ECOMBINEDcadeSINGLE LIMIT nt $ $ 1,000,000 BODILY INJURY (Per person) $ .BODILYJNJURY.(Pe-eccident) S •PROP.ERTYJDAMAGE (Per accident) S $ C X UMBRELLA UAB EXCESS LLAB X OCCUR CLAIMS -MADE X X 60A2FF0000254001 05/27/2014 03/14/2015 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ $ DED I RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY i�NYPROPRIETOR/PARTNER/EXECUTtVE -YIN DFFICERJMEMBEREXCLUDED? (Mandetory'in•NH) It yes. describe under DESCRIPTION OF OPERATIONS below N1A X WC1672405 07/01/2014 07/01/2015 WC STATU- OTH- I TORY LIMITS I I ER USL&H Included -EL.•EACHACCIDENT -$ 1,-00%000 : -E:L:DISEASE-EWE/API.-OYEE $ 11;060;000 El. DISEASE - POLICY LIMIT $ 1,000,000 E Marine General Liability Protection and Indemnity X X MRP0200036 07/01/2014 07/01/2015 Per Occ 1,000,000 Gen Agg 2,000,000 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) • CERTIFICATE HOLDER CANCELLATION 5-an/IA- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERhu , WOTICE WILL 'BE 'DELIVERED -IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE AC -ORD 25:(2010/05) © 1988-2010 AC-ORO-©RPORATION. All -rights reserved/ 9 3 The ACORD name and logo are re,gistered marks of ACORD C O � U c) -D ca "6- D- Q N Q 'C co E CD CD O C O = � 7 O co L. d U = O co O • d Q O E0 re a ER $ 159,880.00 0) J 0) J E O 0 N 0 0 2 O $ 167,560.00 Per Diem Rate ATTACHMENT 3 194 c0 O 1- Mobilization 0 O oo oo r( 0 0 O O N N V} V} N N m cn '6 coN X W C▪ O S 0 u CO (o .c N en O: no 0- o O J N O O a ❑. C C CO (0 H ,— O O O 00 tD N VT Sub -Total Mobilization: 0 ›- 0 0 N .-i Additional Manpower to Dispose of Fill CD CD O O O 0 O O CD O O 0 0 • oo 0 0 0 O ct Q N t0 O O oo �t M .c' .-1 r( .-i M CO N 1-1 V} V} V? V} V? V} V} V? 0 0 0 0 0 0 V? V? V? V? V} V? 0 0 0 0 0 0 CV .--1 .N-1 r( ,-1 c-1 ci N c--1 N VI L L 0 ▪ O 1- (0 0) N CI. 1Z O 0 C ▪ 4., m cu L O = N W d J Subcontract trimming of Mangroves a E a O W O (0 (0• O u 4 - co w • u y w C L � V O (v 2 a ✓ cc 00 (0 C JO 22' Push Boat $ 121,800.00 $ 167,560.00 1 a 0) O. 0 u 195 Knight, McGuire & Associates, Inc. Consulting Engineers and Planners 80 Royal Palm Pointe, Suite 401 Vero Beach, Florida 32960 David S. Knight, P.E. Phone: (772) 569-5505 Scott B. McGuire, P.E. Fax: (772) 569-1455 March 4, 2015 Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement Section Indian River County 1801 27th Street Vero Beach, FL 32960-3388 RE: Head Island Channel Restoration Dear Mr. DeBlois, Per your request I have reviewed the project as it relates to construction costs. Because there is not enough upland area on the dikes to dispose of the material generated on site it will be necessary to remove the material by truck. I have coordinated with a local contractor in an effort to determine the most economical methods and to estimate the cost to complete the project. The methodology would include the loading of dump trucks on-site and delivering the material to a site off of the island. This will necessitate running approximately 100+ Toads of material on Island Drive and then onto SR AIA. Careful measures will need to be taken to protect Island Drive pavement. The estimate is based on close coordination with local equipment operators and trucking companies and takes into consideration existing site conditions and methodologies. Estimated costs are as follows: 1. Excavation and trucking $ 80,000 2. Mobilization, turbidity barriers, maintenance of traffic and hand work $ 30,000 3. Demobilization, restoration, and clean up $ 17,000 Total $127,000 Your budget number for project management, engineering, and contingencies could remain unchanged at $18,000. Thank you and I trust this information is helpful in your analysis. If you have any questions or need any additional information please do not hesitate to contact me. \12-011\channel restore est 030415 ATTACHMENT 4 196 AGREEMENT FOR CANCELLATION OF CONTRACT This Agreement for Cancellation of Contract, hereinafter "Agreement for Cancellation" dated this day of March, 2015 made by and between Indian River County, a political subdivision of the State of Florida, hereinafter "County", whose mailing address is 1801 27th Street, Vero Beach, FL 32960 and TSI Disaster Recovery, LLC, a Florida limited liability company, hereinafter "TSI", whose mailing address is 4130 Canoe Creek Road, St. Cloud, FL 34772. WITNESSETH: WHEREAS, the County advertised via the public bidding process for qualified companies to submit bids for a project entitled: "Removal of Fill from the Indian River Aquatic Preserve and Restoration of Head Island, Project No. 2015015"; and WHEREAS, TSI responded and was selected the lowest and most responsive, responsible bidder by the Board of County Commissioners on and entered into an Agreement to perform the work dated December 16, 2014 "Agreement"; and WHEREAS, TSI proceeded to mobilize their equipment to the site, remove exotic species from Head Island and install siltation control pursuant to the Agreement; and WHEREAS, circumstances have arisen such that the parties agree to terminate the December 16, 2014 Agreement with TSI being paid for work performed; and WHEREAS, the County is satisfied the work performed by TSI and the cancellation is of this Agreement is due to unforeseen circumstances and not for cause or breach of the Agreement. NOW THEREFORE, the County, and TSI, for the considerations hereafter set forth, agree as follows: 1. The above recitations are true and incorporated herein. 2. The Agreement between TSI and County dated December 16, 2014 is hereby canceled by mutual agreement of the parties. 3. TSI shall be paid the sum of $31,499.00 in full and final satisfaction for the satisfactory work performed in accordance with the Agreement. Signatures On Following Page ATTACHMENT 5 197 IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Cancellation of Contract to be executed through their duly authorized signatories on the day and year last written below. TSI DISASTER RECOVERY, LLC BOARD OF COUNTY COMMISSIONERS A Florida Limited Liability Company INDIAN RIVER COUNTY, FLORIDA By: Its: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: seph aird, County Administrator Approved as to Form d Legal ufficiency: William K. i eBraal Deputy County Attorney Wesley S. Davis, Chairman Approved by BCC 198 ��.A.(. Consideration to Terminate Contract with TSI Disaster Recovery, LLC with Payment for Work Performed, and Alternatives for Head Island Channel Restoration Board of County Commissioners March 10, 2015 INFORMATIONAL MAP NOTA 2007 Aerial Head Wend xo.nso P'acixww LEGEND *111.1.10..1101UND i>nMRen 1,41,01 .1101 AML • 1 ..�,ra�y.Y [NSTINALf4SN MOS +�... rxW inAA.r. tn. or ST. CHRISTOPHER HARBOR HOA HEAD TSIANO PROJECT VERO BEACH Ft BITE PLAN OVERALL VERSION 1.2 PERMfl NO APPLICATION FILE 1'10. 31.406938.001 FIOVRE N0, 02 (Estimate Project Element Design & permitting Costs Presented Estimated Cost $38,000 / Funding at 8/19/14 FIND Cost (25%) N/A BCC County Cost N/A Meeting) St. Christopher Harbor HOA Cost $38,000 Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization & construction $115,000 $28,750 $51,625 $34,625 Project mgt., engineering oversight, contingencies $18,000 $4,500 $13,500 N/A TOTAL $181,000 $35,750 $72,625 $72,625 County Funding Source: Florida Boating Improvement Fund reserves (Estimate Project Element Costs Presented Estimated Cost $38,000 / Funding at 8/19/14 FIND Cost (25%) N/A BCC County Cost N/A Meeting) St. Christopher Harbor HOA Cost $38,000 Design & permitting Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization & construction $115,000 $28,750 $51,625 $34,625 Project mgt., engineering oversight, contingencies $18,000 $4,500 $13,500 N/A TOTAL $181,000 $35,750 $72,625 $72,625 County Funding Source: Florida Boating Improvement Fund reserves Iql-A_4 Costs / Funding (12/16/14 - Based on TSI Disaster Recovery Bid) / Funding TSI Disaster Project Element Design & permitting Estimated Cost $38,000 FIND Cost (25%) N/A County Cost N/A St. Christopher Harbor HOA Cost $38,000 Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization & construction $78,500 $19,625 $42,125 $16,750 Project mgt., engineering oversight, contingencies $18,000 $4,500 $13,500 N/A TOTAL $144,500 $26,625 $63,125 $54,750 County Funding Source: Florida Boating Improvement Fund reserves Iql-A_4 Costs (12/16/14 - Based on / Funding TSI Disaster Recovery Bid) Project Element Estimated Cost $38,000 FIND Cost (25%) N/A County Cost N/A St. Christopher Harbor HOA Cost $38,000 Design & permitting Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization & construction $78,500 $19,625 $42,125 $16,750 Project mgt., engineering oversight, contingencies $18,000 $4,500 $13,500 N/A TOTAL $144,500 $26,625 $63,125 $54,750 County Funding Source: Florida Boating Improvement Fund reserves Iql-A_4 TSI work completed Task Bid Price Completed 1. Mobilization (includes demobilization) $10,000 2. Removal and disposal of fill, including proper siltation control 2. Removal and disposal of fill, including proper siltation control $26,000 3. Breaching of mosquito control dikes 3. Breaching of mosquito control dikes $22,000 4. Removal of Australian pine and Brazilian pepper 4. Removal of Australian pine and Brazilian pepper $17,500 5. Installation of navigational /manatee protection signage 5. Installation of navigational /manatee protection signage $3,000 TOTAL TOTAL $78,500 TSI work completed Task Bid Price Completed 1. Mobilization (includes demobilization) $10,000 $5,000* 2. Removal and disposal of fill, including proper siltation control $26,000 $3,999 3. Breaching of mosquito control dikes $22,000 4. Removal of Australian pine and Brazilian pepper $17,500 $17,500 5. Installation of navigational /manatee protection signage $3,000 TOTAL $78,500 $26,499 *Once demobilized, total cost for work completed: $31,499 IQi-A-5 1q)?-A-6 Barge/excavation equipment deployed Silt screening of temporary staging areas 191-P.-7 Silt screening of temporary staging areas tq?-A-8 Perimeter dike exotics treatment Unforeseen circumstance: off-site disposal of fill ACOE and FDEP permit condition: "all fill generated shall be disposed of at an upland site." TSI bid based on assumption that Head Island dikes contain enough uplands for disposal ACOE field meeting (post -bid): not enough uplands on dikes to accommodate fill disposal Unforeseen circumstance: off-site disposal of fill TSI change order proposal for off-site disposal of fill: - $167,560 with per diem rate of $13,963, not including off-site trucking. — Change order would bring overall project total to more than $300,000, well beyond project budget. Unforeseen circumstance: off-site disposal of fill Engineer's estimate for land-based dredging and off-site disposal using small equipment: $127,000 — Would bring overall project total to $224,500 — Would require HOA cooperation for use of private road (Island Drive) for access and trucking Alternatives 1. Hold TSI accountable to contract bid price of $78,500 to finish work, despite unforeseen circumstance and contractor's cost; or 2. Approve TSI's change order proposal and substantially increase the funding scope of the project; or 3. Terminate the County's contract with TSI with payment for work performed, and discontinue any additional work, effectively ending the project; or 4. Terminate the contract with TSI with payment for work performed, and issue an RFP for completion of the job with off-site disposal, setting a county funding cap of 50% of project costs not to exceed $115,000. (This would require HOA authorization to use private road for trucking/off site disposal, and additional HOA funding contribution). �48-A'11 Staff Recommendation Staff recommends that the Board: — Terminate the agreement with TSI with payment for work performed ($31,499); — Set a County payment contribution cap at 50% of project costs, not to exceed $115,000; Authorize staff to coordinate with St. Christopher Harbor HOA for authorization to use Island Drive and to obtain commitment for further funding; and Authorize staff to issue an RFP to complete the work, contingent upon HOA cooperation and funding, or effectively end the project. 19$' A- 12 (Revised Performed Project Element Design & permitting Costs Based and Estimated Cost $38,000 / Funding on TSI New RFP FIND Cost (25%) N/A Payment to Complete) County Cost N/A for Work St. Christopher Harbor HOA Cost $38,000 Public boat landing $10,000 $2,500 $7,500 N/A TSI payment for work performed $31,499 $7,874 $23,625 N/A Channel/breach completion under RFP (engineer's estimate) $127,000 $22,875 $65,626 $38,499 Project mgt., engineering oversight, contingencies $18,000 $2,501 $15,499 N/A TOTAL $224,499 $35,750 $112,250 $76,499 Assumes County cap of 50% of project costs not to exceed $115,000 Staff Recommendation Staff recommends that the Board: — Terminate the agreement with TSI with payment for work performed ($31,499); — Set a County payment contribution cap at 50% of project costs, not to exceed $115,000; Authorize staff to coordinate with St. Christopher Harbor HOA for authorization to use Island Drive and to obtain commitment for further funding; and Authorize staff to issue an RFP to complete the work, contingent upon HOA cooperation and funding, or effectively end the project. 19$' A- 12 'aft. Office qf .11,11/0., o31/5/ 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: William K. DeBraal, Deputy County Attorney►V )1 DATE: February 25, 2015 SUBJECT: Quit Claim Deed for Blue Cypress Lake Stilt Houses Background: In 2012, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, (Trustees) filed suit against the owners of three stilt houses constructed offshore of Blue Cypress Lake. The suit alleges that the houses are built on sovereign submerged land owned by the State of Florida. The owners of the houses: Kim Blair, Jay & Carol Scott, and Charlie Cayson & Robert Tucker, have answered the lawsuit claiming the houses are not built on sovereign submerged lands rather they are on property owned by Indian River County. In most cases, the land lying underneath lakes, rivers, streams, lagoons and other bodies of water in Florida are claimed by the State as sovereign submerged lands. The claim dates back to when the early explorers claimed the land which is now Florida for the King of Spain. Claim to the submerged lands was passed on to the State after Florida became a state in 1845. In 1914, the area around Blue Cypress Lake was platted. A copy of the 1914 plat is attached to this memorandum. As you can see Lot L was created on the southwestern shore of the lake. In 1947, the owners of a portion of Lot L, B.L. and Dora Belle Holman conveyed the property to Indian River County with the condition that the property be used for recreational purposes. Later, Blue Cypress Lake Park was created and is now known as Joneal Middleton Blue Cypress Lake Park. Old Board of County Commissioner's minutes and aerial photography suggest that fishing shacks and camps existed on Blue Cypress Lake since a road was put in to gain access to the lake in the 1940's. Access to the shacks was made by boat and they were used as rustic fishing shacks until the Hurricanes of 2004 and 2005. After suffering heavy damages in the 199 Blue Cypress Lake Stilt Houses February 25, 2015 Page 12 storms, the shacks were rebuilt as stilt houses with significant expansion and improvements to the point where they now resemble single family homes, not fishing shacks. The stilt house owners contend that the 1947 conveyance from the Holmans to the County included a strip of submerged lands where the houses are situated. The County Attorney's Office does not agree with this assertion. The deed into the County from the Holmans mentions nothing about submerged lands. Tracing title back to the 1914 plat, the plat clearly identifies the shore line of Blue Cypress Lake and depicts the lake as a separate lot, Lot K and no part of Lot L extends past the shoreline. The County has no interest in this property and wishes to avoid being ensnarled in the ongoing lawsuit. The attorneys for the Trustees have approached the County in an effort to keep the County from being joined in the lawsuit. They propose that the County execute the attached Quit Claim Deed in favor of the Trustees, thus eliminating any possible claim the County may have to ownership of the property and settling any dispute over whether the County owns the submerged lands upon which the stilt houses sit. Funding: There is no funding associated with this matter. Recommendation: In order to attempt to avoid litigation in this matter, the County Attorney's Office recommends the Board approve the Quit Claim Deed transferring all of the County's right, title and interest, if any, to the Trustees and authorize the Chairman to execute the Quit Claim Deed on the Board's behalf. c: Richard Malloy, on behalf of the Trustees Louis B. Vocelle, Jr. and Charlie Sullivan, Sr., co -counsel for Defendants 200 ' it 4 it it it 4 It it :11- s.kt it it I! it 1 '14 at It It 4' 1,1 7.4 '41 4I 4.1 41 at kt. it it 3s1 e 11. • iS n it 41 it 14 ZI it 1 .1„ 4,7-,rwr I 201 THIS INSTRUMENT PREPARED BY: Division of State Lands Negotiations and Litigation Support Section Florida Department of Environmental Protection 3900 Commonwealth Blvd., Mail Station 100 Tallahassee, Florida 32399 RETURN TO: Title and Land Records Section Florida Department of Environmental Protection 3900 Commonwealth Blvd., Mail Station 108 Tallahassee, Florida 32399-3000 QUITCLAIM DEED THIS QUITCLAIM DEED made this day of , 2015, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, party of the first part, whose post office address is 1801 27th Street, Vero Beach, Florida 32960, and BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 108, Tallahassee, Florida 32399-3000, party of the second part. WITNESSETH: That the said party of the first part, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other valuable consideration, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and quitclaimed, and by these presents does remise, release and forever quitclaim unto the said party of the second part, all the right, title, interest, claim and demand of the said party of the first part in and to the following described land, situate and being in the County of Indian River, State of Florida, to wit: See Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same, together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part. IN WITNESS WHEREOF, party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller INDIAN RIVER COUNTY, a political subdivision of the State of Florida By: Its Board of County Commissioners By: By: Wesley S. Davis, Chairman Deputy Clerk APPROVED AS TO FORM AN t -,I - FFl-NC: ey wtlL$ 1 K. ¶)E: RAA.. DWI FY COUNTY An afiNEY Page 1 of 2 (OFFICIAL SEAL) EXHIBIT "A" All those lands lying waterward of the Ordinary High Water Line of Blue Cypress Lake in Indian River County, Florida and within that parcel described in that Warranty Deed recorded in Deed Book 47, Page 507, Public Records of Indian River County, Florida, as follows: "The North 800 feet of lot L of Fellsmere Farms Company's Subdivision of Township 32 South, Range 36 East, according to Plats filed in Plat Book 2, pages 18 and 21 of the Public Records of St. Lucie County, Florida." REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 2 of 2 County Attorney's Matters - B.C.C. 3.10.15 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: Dylan Reingold, County Attorney( DATE: February 27, 2015 SUBJECT: City of Vero Beach -Indian River Shores -Indian River County Mediation Update BACKGROUND. On December 17, 2014, representatives from Indian River County (the "County"), the Town of Indian River Shores (the "Town") and the City of Vero Beach (the "City") attended a mediation under the Florida Governmental Conflict Resolution process as set forth in Chapter 164 of the Florida Statutes. At the end of the mediation, the representatives agreed to present to the governing bodies of each of the primary conflicting governmental entities an Interim Mediation Agreement containing the following terms: 1) The Town will abate its lawsuit until March 2, 2015; 2) The City will continue all of its ongoing efforts to reduce rates; 3) The City will allow the Town and County to begin evaluating appropriate means to provide electric service, including starting an RFP process for seeking a successor electric franchisee; 4) The County and Town will have the opportunity to participate in negotiations and discussions with OUC, FMPA and the various bondholders; and 5) The County will proceed forward at the Florida Public Service Commission ("PSC") with its Petition for Declaratory Statement ("Petition"). The governing bodies of the County, City and Town all voted to approve the Interim Mediation Agreement. On February 18, 2015, the City of Vero Beach provided the Town and the County with an update report concerning the actions taken by the City since the December 17, 2104 mediation. Approved for March 10, 2015 BCC Meeting County Attorney's Matters COUNTY ATTORNEY F.- Attorney Linda GENERAL B C C.4genda Mentos Electric Ualay Mediation Update (2). doc 204 Indian River Co. A ved Date Admin. ., Co. Atty. iy-.0,,,,-- ON Budget 1/2-/ )5 Department Risk Management --- 204 Board of County Commissioners February 27, 2015 Page Two On February 26, 2015, the Town voted, by a 3 to 2 vote, to continue the mediation process under the terms of the Interim Mediation Agreement and conduct another mediation session. The Town voted to continue to abate its lawsuit until May 15th and seek to set the next mediation session around May 1 st. As part of the motion the Town requested that the City, at the mediation session, provide details concerning the specific rate relief the City can offer and the timing of such relief. Since the County is a primary conflicting governmental entity in the process, the Indian River County Board of County Commissioners must decide whether to continue to participate in the Florida Governmental Conflict Resolution process under the terms of the Interim Mediation Agreement. The Interim Mediation Agreement does not impose any limitations on the County. By extending the duration of the Interim Mediation Agreement the County will have more time to evaluate appropriate means to provide electric service, and to participate in any negotiations and discussions with OUC, FMPA and the various bondholders. FUNDING. The costs of continuing to participate in the Florida Governmental Conflict Resolution process are to be split evenly between the primary conflicting governmental entities. The costs would include conducting an additional mediation session with the mediator, Carlos Alvarez. The funding for participating in the Florida Governmental Conflict Resolution process will come from MSTU Fund/Cash Forward. RECOMMENDATION. The County Attorney recommends that the Board vote to continue to participate in the Florida Governmental Conflict Resolution process under the terms of the Interim Mediation Agreement and authorize the Chair to sign any documents necessary to effectuate this continued participation. ATTACHMENTS. Interim Mediation Agreement February 18, 2015 City of Vero Beach Update Report F: A.rney'Linda GENERAL B C CAgenda .Vemor Elrcr.ic LYiliy Mediation Update (2)d« 205 INTERIM MEDIATION AGREEMENT THIS AGREEMENT is made this q c11 day of January, 2015 by and between the Down of Indian River Shores (the "Town"), Indian River County (the "County"), and the City of Vero Beach (the "City", and collectively, the "Parties"). WHEREAS, the respective representatives of the "Town, the County, and the City participated on December 17, 2014 in a mediation session (the "Mediation") pursuant to the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes; and, WHEREAS, the respective Mediation representatives for the "Town, the County, and the City agreed to recommend to their respective governing bodies to approve certain terms discussed at the Mediation which would involve an agreement by the Town to continue to abate the lawsuit brought by the Town against the City, Circuit Court Case No. 312014 CA 000748, in the Nineteenth Judicial Circuit in and for Indian River County (the "Lawsuit"), so that the Parties can further evaluate and explore options to resolve the conflicts between them. NOW, THEREFORE, the Parties, in consideration of the mutual benefits contained herein, agree as follows: 1. The Town will continue to abate the Town's lawsuit until Monday, March 2, 2015. 2. Without waiving its position that neither the Town nor the County may take any action, either before or after the expiration of their respective franchise agreements with the City, that would terminate or in any way impair the City's right, obligation, or ability to operate its electric utility system and/or provide retail electric service in its service territory approved by orders of the Florida Public Service Commission, the City will not object to either the Town or the County conducting, as contingency planning for the possibility that they might prevail in the Lawsuit or related litigation, evaluations of alternatives for the Town or the County to provide for, or to arrange for the provision of, electric service to their respective citizens upon expiration of their respective electric utility franchise agreements with the City. In this regard, the City will not object to the Town or the County issuing requests for proposals to, or otherwise communicating with, other potential electric utility providers, including but not limited to Florida Power & Light Company ("FPL"), with respect to any such alternatives. 3. On or before January 8, 2015, the City, Town and County will enter a separate agreement with FPL, if FPL consents, acknowledging that the Town's and the County's discussions with such potential providers would not be treated as a breach of, or interference with, the existing contract that the City has with FPL to sell the City's electric utility to FPL or any other agreement between the City and FPL. 4. The City will continue to diligently explore options to lower electric rates, which activities and options include, but are not limited to, the following: a. Working with FPL, the Orlando Utilities Commission ("OUC"), the Florida Municipal Power Agency ("FMPA"), bond trustees and others to effectuate the sale of the City's electric utility system to FPL. In this regard, the City will ask 206 FPL, OUC, FMPA, the bond trustees, and if needed others to consent to allowing representatives of the Town and the County to attend such discussions; b. Negotiating with OUC and FMPA toward reducing the City's costs under its long-term power supply arrangements with those utilities. In this regard, the City will ask OUC and FMPA to consent to allowing representatives of the Town and the County to attend such discussions; c. Completing the Rate Study, which includes a cost -of -service study and evaluations of other financial and rate measures, with Public Resources Management Group, Inc.; d. Conducting and completing the anticipated study of the Vero Reach Electric Utility system with respect to efficiency, optimization, and potential cost-saving measures, which study is expected to begin in January 2015 and expected to be completed in the summer of 2015; and e. Continuing the City's efforts to identify and implement additional cost control and cost reduction measures to bring lower electric rates to its customers. 5. The City will continue to pursue conducting a referendum on the creation of an independent utility authority, and will agree to work in good faith with the Town and the County to reach agreement on the details of that authority, including its powers, structure, and composition. 6. No later than February 18, 2015, the City will provide the Town, the County and the mediator with a report on the status of efforts to lower rates (including but not limited to the status of its efforts to sell its electric utility system to FPL) and to create an independent utility authority. This report will be provided by the City. 7. This Agreement shall not preclude the County from moving forward with its petition for declaratory statement in Docket No. 140142 -EM, which is currently scheduled to be considered by the Florida Public Service Commission on February 3, 2015. 8. Unless the Town and the City agree otherwise to continue abatement of the lawsuit, and following declaration of impasse by the Mediator with respect to the Town and the City, the Town will file an unopposed motion to lift the abatement of the lawsuit no earlier than March 2, 2015. [Signatures on following page] 2 207 On behalf of the Tow : Signature: Name: Date: 6?L.,/ Ta4,:7,a0i5 On behalf of the County: Signature: Name: Date: On behalf of the Ci Signature: Name: Date: 3 208 On behalf of the Town: Signature: Name: :,�,��OAtMtSSjO. Date: ; ;.�>. ��� •.. st �il) * s I. On behalf of the County: o �,'o" �9ti'•• . 1,,:. •t�4 TEST: Jeffrey R. Smith, Clerk of Court Signature: v t:f•,C .....- • and Comptroller Name: Wesley S. Davis, Chairman B i' ,�- C2J2,12/,--- . Board of County Commissioners of Indian River County Date: BCC approved: 1/6/15 On behalf of the City: Signature: Name: Date: 3 Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY DYLAN REINGOLD COUNTY ATTORNEY 209 Michael P. Bist Garvin B. Bowden** Benjamin B. Bush David S. Dee Erin W. Duncan Charles R. Gardner John T. LaVia. III c; -Gardner, Bist, Wiener, BwBowden, Bush, Dee, LaVia & Wright, P.A. ATTORNEYS AT LAW Telephone 850-385-0070 1300 Thomaswood Drive Tallahassee, Florida 32308 www.gbwlegal.com Bruce I. Wiener** Wendy Russell Wiener Bedford Wilder Robert Scheffel "Scher Wright Facsimile 850-385-5416 "ted Certified Rea! Estate Lawyer February 18, 2015 BY ELECTRONIC MAIL ONLY Carlos Alvarez, Esquire 847 East Park Avenue Tallahassee, Florida 32301 Re: The City of Vero Beach's Update Report Dear Carlos, On behalf of the City of Vero Beach, and pursuant to the Interim Mediation Agreement ("Agreement") executed by the parties to the mediation in early January 2015, I submit this update report on the subjects identified in the Agreement. (A copy of the Agreement, as executed by Mayor Winger, is included here as Appendix A.) Copies are being furnished to all parties as indicated on the last page of this report. The order of this report follows the order in which subjects were addressed in the Agreement. A. Working Toward Sale of the Vero Beach Electric System to FPL Pursuant to section 4.a of the Agreement, I wrote letters to OUC and FPL requesting a meeting to discuss possible ways to move forward with the sale of the Vero Beach electric utility system to FPL, and followed up those letters with electronic mail communications similarly requesting a meeting or conference call. I also discussed the City's request directly with FMPA's general counsel and deputy general counsel. FMPA responded that they would be willing to participate in such discussions if and when the City, FPL, and OUC have a definitive proposal that is compliant with the City's contracts with FMPA. (Although I asked for consent that representatives of the Town of Indian River Shores and Indian River County be allowed to participate, I received no response to that request.) After some 1 210 follow-up communications with FPL and OUC, the three parties, i.e., the City, FPL, and OUC had a conference call on Friday, February 13, 2015 to discuss the prospects. Copies of correspondence, including emails, documenting these efforts are included in Appendix B. A memorandum comprising my notes from that conference call is included in Appendix B. As indicated, no party had any novel suggestions for how to move the proposed sale forward. Regarding participation by the Town and the County, since I had not received consents, and since the subject conference call came together just before the date on which it was convened, they were not invited to participate. B. Negotiating with FMPA and OUC Toward Reducing Power Supply Costs Pursuant to section 4.b of the Agreement, I sent letters to OUC and FMPA, and also to FPL as explained below, requesting meetings to discuss ways in which FMPA might be able to lower its power supply costs to Vero Beach under the contracts for the Stanton Project, the Stanton II Project, and the St. Lucie Project. I invited FPL because the St. Lucie Project is one of the City's major power supply contracts. I also asked that FPL, OUC, and FMPA consent to allow representatives of the Town and the County to participate. I received no response to the requests to consent to Town and County participation. Ultimately, after following up with emails and telephone calls, I received the message from FMPA that they are unable to schedule a meeting until after February 20. (My understanding and belief are that FMPA staff have been devoting most of their time to responding to the preliminary report of the Auditor General, of which you are probably aware.) The correspondence and emails relating to these efforts are also included within Appendix B. C. Completing the Rate Study On November 10, 2014, the City executed the contract for the Rate Study with Public Resources Management Group, Inc. ("PRMG") for the Rate Study. A copy of the PRMG contract is attached to this update report as Appendix C. As of February 11 (last Wednesday), the City expects that PRMG will provide a draft report and recommendations to the Vero Beach Utility Commission for discussion at that body's public meeting on March 17, 2015. This will be an initial recommendation regarding rate sufficiency and rate structure for current costs and the `status quo' and will not include the potential rate impact of any cost reductions based on renegotiation of power supply contracts or the results of the optimization study. (See below for discussion of the status of the City's discussions with OUC and also the status of the "Electric Utility System Study," which we commonly refer to as the "Optimization Study.") 2 211 D. Conducting and Completing the Vero Beach Electric Utility System Study On February 9, 2015, the City executed the contract for the Electric Utility System Study (Optimization Study) with PowerServices, Inc., and work has begun. A copy of the PowerServices contract is attached to this update report as Appendix D. As indicated in the PowerServices contract, the scope of work includes several subjects or task areas, including Generating Site Options, Transmission and Distribution Planning, Resource Adequacy, Other Optimization Strategies, and developing revisions to the City's Pole Attachment Agreement, including a rate analysis. These task areas are projected to be concluded between April 10 (the Generation Site Options component) and November 9, 2015 (the Transmission and Distribution Planning component). E. Continuing Efforts to Reduce Rates City Staff and their consultant, William H. Herrington, P.E., have continued discussions with OUC toward refining the estimated costs and details of potential power supply arrangements for Vero Beach's long- term bulk power supply. Mr. Herrington works extensively in the Florida bulk power supply market. Alternatives studied include (1) a base case of performing the existing OUC Power Purchase Agreement ("PPA") as it exists; (2) canceling the existing OUC PPA and relying solely on the Florida bulk power market starting on January 1, 2016; (3) accepting the "discussion points" proposed by OUC to the City on November 25, 2014, and (4) accepting the "discussion points" proposed by OUC on October 20, 2014. The most recent meeting with OUC was on February 12, 2015, in Orlando. Following that meeting, Mr. Herrington prepared additional analyses, which are discussed in the memorandum packet that was presented to the Vero Beach City Council on Tuesday, February 17, 2015. A copy of that memo packet is attached to this update report as Appendix E. In summary, Mr. Herrington recommended that, considering all relevant risks and uncertainties, the City should proceed to negotiate a new agreement or agreements with OUC based on OUC's November 25, 2014 discussion points. At its meeting on February 17, 2015, the City Council directed Staff to present Mr. Herrington's recommendation to the City's Utility Commission and Finance Commission, both of which are scheduled to meet on March 12, after which the matter is expected to be addressed at the City Council meeting on March 17, 2015. 3 212 F. Pursuing a Referendum and Utility Authority Regrettably, numerous other significant and time-consuming activities facing the City electric system have precluded meaningful progress on this item. Those additional activities have included, and continue to include: (1) continuing discussions with OUC and evaluating the long-term power supply options available to the City; (2) defending the City's interests before the Florida Public Service Commission in adverse litigation with Indian River County; and (3) considering the implications of the Florida Auditor General's preliminary and tentative audit report regarding FMPA and how the City can act in response thereto so as to best improve FMPA for the benefit of the City, the City's customers, and ultimately all of the retail customers who receive power from FMPA Another Mediation Session As you mentioned at our mediation session on December 17, the City would support having another mediation session with all parties, if the Town and the County would like to have such a meeting. If you have any questions, please call me any time. Cordially yours, Robert Scheffel W Counsel for the City of Vero Beach COPIES: Members of the Vero Beach City Council James R. O'Connor, City Manager Wayne R. Coment, City Attorney Bruce May, Esquire Chester Clem, Esquire Dylan Reingold, Esquire Floyd Self, Esquire 4 213 APPENDIX A INTERIM MEDIATION AGREEMENT 214 INTERIM MEDIATION AGREEMENT THIS AGREEMENT is made this (t, crl day of January, 2015 by and between the Town of Indian River Shores (the "Town"), Indian River County (the "County"), and the City of Vero Beach (the "City", and collectively, the "Parties"). WHEREAS, the respective representatives of the Town, the County, and the City participated on December 17, 2014 in a mediation session (the "Mediation") pursuant to the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes; and, WHEREAS, the respective Mediation representatives for the Town, the County, and the City agreed to recommend to their respective governing bodies to approve certain terms discussed at the Mediation which would involve an agreement by the Town to continue to abate the lawsuit brought by the Town against the City, Circuit Court Case No. 312014 CA 000748, in the Nineteenth Judicial Circuit in and for Indian River County (the "Lawsuit"), so that the Parties can further evaluate and explore options to resolve the conflicts between them. NOW, THEREFORE, the Parties, in consideration of the mutual benefits contained herein, agree as follows: 1. The Town will continue to abate the Town's lawsuit until Monday, March 2, 2015. 2. Without waiving its position that neither the Town nor the County may take any action, either before or after the expiration of their respective franchise agreements with the City, that would terminate or in any way impair the City's right, obligation, or ability to operate its electric utility system and/or provide retail electric service in its service territory approved by orders of the Florida Public Service Commission, the City will not object to either the Town or the County conducting, as contingency planning for the possibility that they might prevail in the Lawsuit or related litigation, evaluations of alternatives for the Town or the County to provide for, or to arrange for thc provision of, electric service to their respective citizens upon expiration of their respective electric utility franchise agreements with the City. In this regard, the City will not object to the Town or the County issuing requests for proposals to, or otherwise communicating with, other potential electric utility providers, including but not limited to Florida Power & Light Company ("FPL"), with respect to any such alternatives. 3. On or before January 8, 2015, the City, Town and County will enter a separate agreement with FPL, if FPL consents, acknowledging that the Town's and the County's discussions with such potential providers would not be treated as a breach of, or interference with, the existing contract that the City has with FPL to sell the City's electric utility to FPL or any other agreement between the City and FPL. 4. The City will continue to diligently explore options to lower electric rates, which activities and options include, but are not limited to, the following: a. Working with FPL, the Orlando Utilities Commission ("OUC"), the Florida Municipal Power Agency ("FMPA"), bond trustees and others to effectuate the sale of the City's electric utility system to FPL. In this regard, the City will ask 215 FPL, OUC, FMPA, the bond trustees, and if needed others to consent to allowing representatives of the Town and the County to attend such discussions; b. Negotiating with OUC and FMPA toward reducing the City's costs under its long-term power supply arrangements with those utilities. In this regard, the City will ask OUC and FMPA to consent to allowing representatives of the Town and the County to attend such discussions; c. Completing the Rate Study, which includes a cost -of -service study and evaluations of other financial and rate measures, with Public Resources Management Group, Inc.; d. Conducting and completing the anticipated study of the Vero Beach Electric Utility system with respect to efficiency, optimization, and potential cost-saving measures, which study is expected to begin in January 2015 and expected to be completed in the summer of 2015; and e. Continuing the City's efforts to identify and implement additional cost control and cost reduction measures to bring lower electric rates to its customers. 5. The City will continue to pursue conducting a referendum on the creation of an independent utility authority, and will agree to work in good faith with the Town and the County to reach agreement on the details of that authority, including its powers, structure, and composition. 6. No later than February 18, 2015, the City will provide the Town, the County and the mediator with a report on the status of efforts to lower rates (including but not limited to the status of its efforts to sell its electric utility system to FPL) and to create an independent utility authority. This report will be provided by the City. 7. This Agreement shall not preclude the County from moving forward with its petition for declaratory statement in Docket No. 140142 -EM, which is currently scheduled to be considered by the Florida Public Service Commission on February 3, 2015. 8. Unless the Town and the City agree otherwise to continue abatement of the lawsuit, and following declaration of impasse by the Mediator with respect to the Town and the City, the Town will file an unopposed motion to lift the abatement of the lawsuit no earlier than March 2, 2015. [Signatures on following page] 2 216 On behalf of the Town: Signature: Name: Date: On behalf of the County: Signature: Name: Date: On behalf of the C. Signature: Name: Date: 3 217 APPENDIX B CORRESPONDENCE AND RELATED MATERIALS RELATING TO CITY EFFORTS TO PURSUE ELECTRIC SYSTEM SALE TO FPL AND TO SEEK LOWER COSTS FOR FMPA POWER SUPPLY PROJECTS 218 Michael P. Bist Garvin B. Bowden" Benjamin B. Bush David S. Dee Erin W. Duncan Charles R. Gardner John T. LaVia, III GBW Telephone 850-385-0070 Gardner, Biat, Wiener, Bowden, Bush, Dee, LaVia & Wright, P.A. ATTORNEYS ATLA W 1300 Thomaswood Drive Tallahassee, Florida 32308 www.gbvlegal.com January 22, 2015 W. Christopher Browder, Esquire Vice President and General Counsel Orlando Utilities Commission Reliable Plaza at 100 West Anderson Street Post Office Box 3193 Orlando, Florida 32802 R. Wade Litchfield, Esquire General Counsel Florida Power & Light Company 700 Universe Boulevard Juno Beach, Florida 33408-0420 Bruce I. Wiener" Wendy Russell Wiener Bedford Wilder Robert Scheffel 'Scher Wright Farstimilr 850-385-5416 "Board Certified Ted Bseata Lauver Re: Request for Meeting to Explore Possible Methods of Consummating Purchase of the Vero Beach Electric Utility System by Florida Power & Light Company Dear Mr. Browder and Mr. Litchfield: I write to you today in furtherance of the City of Vero Beach's ongoing efforts to reduce electric rates for our customers. As you know, the City is presently involved in civil litigation with the Town of Indian River Shores in the Circuit Court in and for Indian River County. Pursuant to the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, the Town's lawsuit is currently in abeyance while the parties pursue a mediated resolution of their disputes. Indian River County has joined the Chapter 164 dispute resolution processes as an additional "primary conflicting governmental entity." The three parties, i.e., the City, Indian River Shores, and Indian River County, participated in a mediation session on December 17, 2014, the outcome of which was the execution of an Interim Mediation Agreement. Pursuant to this Agreement, among other things, the City agreed to continue working with your respective companies, and others, toward finding a way to effectuate the sale of the 219 City's electric system to FPL. Having considered the matter, it seems to us that the best way to proceed is for the City, FPL, and OUC to meet before attempting to involve FMPA and representatives of the bond entities (i.e., bond counsel, trustee, and so on). We believe this to be best because of the significant additional costs that would be incurred to have the bond entities' attorneys involved, with the additional expenses associated with travel time to Florida. It seems to us that, if we can find a conceptual way to consummate the sale/purchase, we would then arrange a meeting with FMPA and the bond entities. Accordingly, I ask you to let me know, as soon as possible, whether you and appropriate representatives of your respective companies can be available to meet on any of the following dates: January 27-30, and February 6, 9-13. While we think a face to face meeting would be best, a conference call might also work, and should offer additional flexibility as to timing In addition to the above dates, we could be available for a conference call on the following dates: February 2. 4, and 5. Please advise me of your willingness and ability to meet, or participate in a conference call, on any of the above dates. I will appreciate a reply at your earliest convenience. Time is of the essence. Additionally, I request that each of you consent to allow representatives of the Town of Indian River Shores and of Indian River County to attend and participate in any such meeting or conference call. Thank you very much for your consideration. If you have any questions, please call me any time. Cordially yours, Gardner, Bist, Wiener, Bowden, Bush, Dee, LaVia & Wright, P.A. Attorneys for the City of Vero Beach Copies: Chester Clem, Town Attorney, Indian River Shores D. Bruce May, Special Counsel, Indian River Shores Dylan Reingold, County Attorney, Indian River County Floyd R. Self, Esquire Wayne R. Convent, City Attorney, City of Vero Beach 2 220 Michael P. Bist Garvin B. Bowden" Benjamin B. Bush David S. Dee Erin W. Duncan Charles R Gardner John T. LaVia, III GBW Gardner, Bist, Wiener, Bowden, Bush, Dee, LaVia & Wright, P.A. ATTORNEYS AT LAW 1300 Thomaawood Drive Tallahassee, Florida 32308 www.gbwlegaLcom Bruce 1. Wiener" Wendy Russell Wiener Bedford Wilder Robert Scheffel 'Scher Wright Telephone Facsimile 850-385-0070 850-385-5416 "B007d CAtifird Rear Estate Lawyer January 22, 2015 Nicholas P. Guarriello, CEO and General Manager Frederick M. Bryant, General Counsel Florida Municipal Power Agency 8553 Commodity Circle Orlando, Florida 32819-9002 Re: Request for Meeting to Discuss Ways of Reducing Wholesale Power Supply Costs for the City of Vero Beach Dear Mr. Guarriello and Mr. Bryant I write to you today in furtherance of the City of Vero Beach's ongoing efforts to reduce electric rates for our customers. As you know, the City is presently involved in civil litigation with the Town of Indian River Shores in the Circuit Court in and for Indian River County. Pursuant to the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, the Town's lawsuit is currently in abeyance while the parties pursue a mediated resolution of their disputes. Indian River County has joined the Chapter 164 dispute resolution processes as an additional "primary conflicting governmental entity." The three parties, i.e., the City, Indian River Shores, and Indian River County, participated in a mediation session on December 17, 2014, the outcome of which was the execution of an Interim Mediation Agreement. Pursuant to this Agreement, among other things, the City agreed to meet with your Agency to discuss and negotiate, to the extent possible, ways of reducing the City's wholesale power supply costs that we incur through our participation in the Stanton Project, the Stanton II Project, and the St. Lucie Project. Of course, we understand that FMPA's ability to control the costs incurred for those Projects is limited because the operators and primary owners of the power plants are other utilities, i.e., the Orlando Utilities Commission and Florida Power & Light Company. Even so, we would like to meet with you, and any other representatives of FMPA whom you deem appropriate, as soon as possible to discuss whatever cost -reduction opportunities may exist. 221 Accordingly, I ask that you let me know, as soon as possible, whether appropriate representatives of your Agency can be available to meet on any of the following dates: January 27-30 and February 6, 9-13. While we think a face to face meeting would be best, a conference call might also work, and should offer additional flexibility as to timing In addition to the above dates, we could be available for a conference call on the following dates: February 2. 4, and 5. Additionally, I request that each of you consent to allow representatives of the Town of Indian River Shores and of Indian River County to attend and participate m any such meeting or conference call. Please advise me of your willingness and ability to meet, or participate in a conference call, on any of the above dates. I will appreciate a reply at your earliest convenience. Time is of the essence. Thank you very much for your consideration. If you have any questions, please call me any time. Cordially yours, Gardner, Bist, Wiener, Bowden, Bush, Dee, LaVia & Wright, P.A. Attorneys for the City of Vero Beach Copies: Chester Clem, Town Attorney, Indian River Shores D. Bruce May, Special Counsel, Indian River Shores Dylan Reingold, County Attorney, Indian River County Floyd R. Self, Esquire Wayne R. Coment, City Attorney, City of Vero Beach 2 222 Schef Wright From: Schef Wright Sent: Thursday, January 22, 2015 3:43 PM To: Browder, Chris (CBrowder@ouc.com); 'Wade.litchfield@fpl.com'; Bryan, Patrick (Patrick.Bryan@fpl.com) Cc: CCIem@chesterclem.com; bruce.may@hklaw.com; 'Dylan Reingold' (dreingold@ircgov.com); 'floyd self@gshllp.com'; Coment, Wayne (WComent@covb.org) Subject: Vero Beach's Request for Meeting Attachments: OUC-FPL Meeting Request.01-22-2015.pdf Dear Chris, Wade, and Pat — Please see the attached letter, in which I ask, on behalf of the City of Vero Beach, for a meeting in which we can discuss whether there may be a possible way forward to effectuate the sale/purchase of the City's electric system by FPL. I look forward to hearing from you, and to seeing you again soon. All the best, Schef 1 223 Schef Wright From: Schef Wright Sent: Thursday, January 22, 2015 3:43 PM To: Fred Bryant (Fred.Bryant@fmpa.com); Jody Finklea (Jody.Finklea@fmpa.com); 'Nick.Guarriello@fmpa.com' Cc: CCIem@chesterclem.com; bruce.may@hklaw.com; 'Dylan Reingold' (dreingold@ircgov.com); 'floyd_self@gshllp.com'; Coment, Wayne (WComent@covb.org) Subject: Vero Beach's Request for Meeting Attachments: FMPA Meeting Request.01-22-2015.pdf Dear Nick, Fred, and Jody — Please see the attached letter, in which I ask, on behalf of the City of Vero Beach, for a meeting in which we can discuss whether there may be ways, within the framework of our existing Project Contracts and FMPA's other contracts relating to the Stanton, Stanton II, and St. Lucie Projects, by which we may be able to reduce Vero Beach's wholesale power costs. 1 look forward to hearing from you, and to seeing you again soon. All the best, Schef 1 224 Schef Wright From: Schef Wright Sent: Thursday, January 22, 2015 3:57 PM To: 'Dylan Reingold' Cc: 'Floyd R. Self; 'Coment, Wayne (WComent@covb.org); bruce.may@hklaw.com; chesterc@chesterclem.com; cclem@chesterclem.com; ca.alvarez@embarqmail.com; Jay LaVia Subject: RE: FMPA Meetings Good afternoon, Dylan — Probably by the time you receive this email, you will have received copies of the emails transmitting the City's requests: (1) to OUC and FPL for a meeting to discuss possible ways to effectuate the sale/purchase of the City's electric system, and (2) to FMPA for a meeting to discuss ways by which we may be able to reduce the City's wholesale power supply costs. I'm sending you this email separately — copying all recipients of your email to me — to give you a bit of additional information. I got home just before 1AM on Tuesday night, and yesterday, I drafted the letters that 1 just sent; Wayne reviewed them this morning, and I sent them this afternoon. The reason that we decided not to seek a meeting with the FMPA bond entities at this time is that for them to attend would likely involve costs for attorneys for those bond entities that would come to something on the order of $2,000- $3,000 per hour or more. In light of that fact, the City believes that it would be unreasonable and imprudent to spend City funds for such costs UNTIL we determine whether there is at least a conceptual path forward, and identifying any such paths is the goal of the meeting that we have requested of OUC and FPL. Responding to your earlier question/request, the City certainly has no objection to the County setting up meetings with the bond entities on its own, but at this juncture, the City is not willing to expose its electric customers to such additional expense until we know that there would be substantive justification for doing so. If you have any questions, feel free to call me any time. All the best, Schef From: Dylan Reingold Finaiito:dreingoldCc�ircgov.com) Sent: Thursday, January 22, 2015 8:05 AM To: Schef Wright Cc: 'Floyd R. Self; 'Coment, Wayne (WComentcovb.orq)'; bruce.mayOhklaw.com; chestercachesterclem.com; cclem@chesterclem.com; ca.alvarezCc�embaramail.com Subject: RE: FMPA Meetings Mr. Wright, Good morning, sir! As a follow-up to my email from last Wednesday, do you have a reply with respect to my inquiry concerning meetings with FMPA or representatives of the bondholders? 1 225 Also, you mentioned to the City of Vero Beach City Council on Tuesday evening that you were working on scheduling a meeting with FPL and OUC and that you would request their consent for the Town and County to be present. Please keep me in the loop as soon as you can with respect to attending any such meeting. Thank you very much! Have a wonderful day! Dylan From: Dylan Reingold Sent: Wednesday, January 14, 2015 4:53 PM To: 'Schef Wright'; Coment, Wayne (WComentacovb.orq) Cc: 'Floyd R. Self Subject: FMPA Meetings Gentlemen, Consistent with statements made throughout the Chapter 164 mediation process and language of the Interim Mediation Agreement, I believe it would be helpful for Indian River County to have conversations with FMPA and representatives of the bondholders. Has the City scheduled any meetings with FMPA or representatives of the bondholders? If so, has there been any consent for the County to attend such meetings? Finally, would the City object to the County scheduling its own meetings with such entities? Thank you very much! Dylan 2 226 Schef Wright From: Sent: To: Cc: Subject: Good evening, Bruce — Schef Wright Friday, January 23, 2015 6:21 PM 'bruce.may@hklaw.com'; dreingold@ircgov.com Floyd_Self@gshllp.com; WComent@covb.org; chesterc@chesterclem.com; cclem@chesterclem.com; ca.alvarez@embarqmail.com; Jay LaVia; Fred Bryant (Fred.Bryant@fmpa.com); Jody Finklea (Jody.Finklea@fmpa.com) RE: FMPA Meetings First, I apologize that I wasn't able to respond earlier in the day today, but it was "one of those days" - reminiscent of the old one-liner that when you're up to your belly -button in alligators, it's hard to remember that you came to drain the swamp!!! Anyway, regarding our commitments under the Interim Mediation Agreement and the letters that I sent yesterday, here is the situation. We take our commitments to you, the County, and Carlos most seriously, and with respect to our efforts to find a path forward toward closing a sale/purchase of the City's electric system to FPL, here is what I/we have done in fulfillment of those commitments. Before sending the letters, I discussed the prospects for that meeting with FMPA representatives, including the concept that the meeting would include FMPA as well as the City, FPL, and OUC (and the Town and County, subject to the other participants' consents). FMPA's indication — which I believe is reasonable under the circumstances — was and is that there is no value in FMPA being in such a meeting unless the 3 "principals" — i.e., the City, FPL, and OUC have reached some tentative agreement on a business model for the transaction to which FMPA could then respond. FMPA assured me that they would promptly make themselves available for such a meeting or meetings if there is something tangible and meaningful to talk about. In this light, then, I only requested the meeting to explore ways to effectuate the sale with OUC and FPL, at this time, with every intention of seeking a prompt meeting with FMPA if the 3 principals can come up with something to talk about. And Dylan is correct that the issue of how to possibly push the sale/purchase forward is ever-present in my mind, and that FMPA is aware of this, but frankly, since no one has been able to come up with any practicable idea for doing so, it is also true that when I talk with FMPA, we generally don't touch on it, other than to confirm that FMPA is ready, willing, and able to discuss and help if and when a practicable business model has been identified. I hope you have, and that everyone else also has, a great weekend! Feel free to call or email me any time, and I look forward to talking with you soon. All the best, Schef From: bruce.may@hklaw.com [mailto:bruce.may@hklaw.com] Sent: Friday, January 23, 2015 7:57 AM 1 227 To: Schef Wright; dreingold@ircgov.com Cc: Floyd_Self@gshllp.com; WComent@covb.org; chesterc@chesterclem.com; cclem@chesterclem.com; ca.alvarez@embargmail.com; Jay LaVia Subject: RE: FMPA Meetings Good morning Schef. I'm a bit confused. In paragraph 4.a. of the Interim Mediation Agreement, the City agreed to continue " Working with ... the Florida Municipal Power Agency ("FMPA") ... to effectuate the sale of the City's electric system to FPL." I only see where you've requested a meeting with OUC and FPL to discuss ways to effectuate that sale. As I read it, your letter to FMPA only requests a meeting with FMPA to discuss ways to lower the City's wholesale power costs under its agreements with FMPA. I know you've been busy and I'm assuming that was just an oversight. Will you be sending a letter to FMPA requesting a meeting to discuss ways to effectuate the sale of the City's system to FPL, just as you've done with respect to OUC and FPL? Thanks Schef. Bruce D. Bruce May, Jr. I Holland & Knight Equity Partner 315 South Calhoun Street, Suite 600 I Tallahassee FL 32301 Phone 850.425.5607 I Fax 850.224.8832 bruce.may(a.hklaw.com I www.hklaw.com Add to address book I View professional biography From: Schef Wright Finailto:schef@gbwlegal.com) Sent: Thursday, January 22, 2015 4:01 PM To: Dylan Reingold Cc: 'Floyd R. Self; 'Coment, Wayne (WComent@covb.org)'; May, D Bruce (TAL - X35607); chesterc@chesterclem.com; cclem@chesterclem.com; ca.alvarez@embargmail.com; Jay LaVia Subject: RE: FMPA Meetings Good afternoon, Dylan — Probably by the time you receive this email, you will have received copies of the emails transmitting the City's requests: (1) to OUC and FPL for a meeting to discuss possible ways to effectuate the sale/purchase of the City's electric system, and (2) to FMPA for a meeting to discuss ways by which we may be able to reduce the City's wholesale power supply costs. I'm sending you this email separately — copying all recipients of your email to me — to give you a bit of additional information. I got home just before 1AM on Tuesday night, and yesterday, 1 drafted the letters that I just sent; Wayne reviewed them this morning, and I sent them this afternoon. The reason that we decided not to seek a meeting with the FMPA bond entities at this time is that for them to attend would likely involve costs for attorneys for those bond entities that would come to something on the order of $2,000-$3,000 per hour or more. In Tight of that fact, the City believes that it would be unreasonable 2 228 and imprudent to spend City funds for such costs UNTIL we determine whether there is at least a conceptual path forward, and identifying any such paths is the goal of the meeting that we have requested of OUC and FPL. Responding to your earlier question/request, the City certainly has no objection to the County setting up meetings with the bond entities on its own, but at this juncture, the City is not willing to expose its electric customers to such additional expense until we know that there would be substantive justification for doing so. If you have any questions, feel free to call me any time. All the best, Schef From: Dylan Reingold [mailto:dreingold@ircgov.com] Sent: Thursday, January 22, 2015 8:05 AM To: Schef Wright Cc: 'Floyd R. Self; 'Coment, Wayne (WComentaalcovb.orq)'; bruce.may(ahk!aw.com; chestercOchesterclem.com; sdemachesterclem.com; ca.alvarezOembargmall.com Subject: RE: FMPA Meetings Mr. Wright, Good morning, sir! As a follow-up to my email from last Wednesday, do you have a reply with respect to my inquiry concerning meetings with FMPA or representatives of the bondholders? Also, you mentioned to the City of Vero Beach City Council on Tuesday evening that you were working on scheduling a meeting with FPL and OUC and that you would request their consent for the Town and County to be present. Please keep me in the loop as soon as you can with respect to attending any such meeting. Thank you very much! Have a wonderful day! Dylan From: Dylan Reingold Sent: Wednesday, January 14, 2015 4:53 PM To: 'Schef Wright; Coment, Wayne (WComentOcovb.orq) Cc: 'Floyd R. Self Subject: FMPA Meetings Gentlemen, Consistent with statements made throughout the Chapter 164 mediation process and language of the Interim Mediation Agreement, I believe it would be helpful for Indian River County to have conversations with FMPA and representatives of the bondholders. Has the City scheduled any meetings with FMPA or representatives of the bondholders? If so, has there been any consent for the County to attend such meetings? Finally, would the City object to the County scheduling its own meetings with such entities? Thank you very much! Dylan 3 229 NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co -counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. 4 230 Michael P. Bist Garvin B. Bowden" Benjamin B. Bush David S. Dee Erin W. Duncan Charles R. Gardner John T. LaVia, 11 GBW Gardner, Bist, Wiener, Bowden, Bush, Dee, LaVia & Wright, P.A. ATTORNEYS AT LAW 1300 Thomaawood Drive Tallahassee, Florida 32308 www.gbwlegal.com Bruce I. Wiener'* Wendy Russell Wiener Bedford Wilder Robert Scheffel `Scher Wright Telephone Facsimile 850-385-0070 850-385-5416 "Board Cerlifild Real Estate Lawlor* January 30, 2015 BY ELECTRONIC MAIL W. Christopher Browder, Esquire Vice President and General Counsel Orlando Utilities Commission Reliable Plaza at 100 West Anderson Street Post Office Box 3193 Orlando, Florida 32802 R. Wade Litchfield, Esquire General Counsel Florida Power & Light Company 700 Universe Boulevard Juno Beach, Florida 33408-0420 Re: Request for Meeting to Discuss Potential Measures to Reduce Vero Beach's Electric Costs Incurred Through FMPA Power Supply Projects Dear Mr. Browder and Mr. Litchfield: As you know, by my letter to you of January 22, 2015, I requested that you and appropriate representatives of your companies meet with me and representatives of the City of Vero Beach to discuss whether there may be a way to effectuate the sale of the City's electric system to FPL. On a parallel track aimed at reducing the City's electric costs and rates, on that same date, and also pursuant to the Interim Mediation Agreement, I sent a letter to Mr. Nicholas Guarriello, CEO of the Florida Municipal Power Agency, asking FMPA to meet with representatives of the City to discuss and negotiate, to the extent possible, ways of reducing the City's wholesale power supply costs that we incur through our participation in the Stanton Project, the Stanton II Project, and the St. Lucie Project. (A copy of that letter is attached.) 231 On further consideration, recognizing that the costs that the City incurs through its participation in the FMPA Projects are, for all practical purposes, determined by your respective companies as the operators and majority owners of those Projects, I am writing today to ask that you meet with the City and FMPA when we meet to discuss cost/rate reduction opportunities. Ideally, we could schedule those discussions at mutually convenient times that would also be temporally adjacent to the meeting that I requested of you in my January 22 letter. Our time availability is the same as stated in my January 22 Letter. Please advise if you can participate in a meeting or conference call at one of the available times. I also ask that you consent to allow representatives of the Town of Indian River Shores and of Indian River County to attend and participate in any such meeting or conference call. Thank you very much for your consideration. If you have any questions, please call me any time. Cordially yours, Gardner, Bist, Wiener, Bowden, Bush, Dee, LaVia & Wright, P.A. Attorneys for the City of Vero Beach Copies: Chester Clem, Town Attorney, Indian River Shores D. Bruce May, Special Counsel, Indian River Shores Dylan Reingold, County Attorney, Indian River County Floyd R. Self, Esquire, Special Counsel, Indian River County Wayne R. Coment, City Attorney, City of Vero Beach Nicholas P. Guarriello, CEO and General Manager, FMPA Frederick M. Bryant, General Counsel, FMPA 2 232 Schef Wright From: Schef Wright Sent: Tuesday, February 10, 2015 5:38 PM To: 'Wade.Litchfield@fpl.com'; Bryan, Patrick (Patrick.Bryan@fpl.com) Cc: Browder, Chris (CBrowder@ouc.com); Coment, Wayne (WComent@covb.org) Subject: Discussion with OUC and Vero Beach re: Possible Paths Toward Sale/Purchase of Vero Electric System Dear Wade and Pat — This message relates to my previous letters requesting that FPL meet with OUC and Vero Beach to discuss possible paths forward to try to consummate a sale of the Vero Beach electric system to FPL. I have been able to secure the time window from 11AM — 1PM this coming Friday, February 13, for a conference call with FPL, OUC, and Vero Beach for this purpose. Please advise whether you or other appropriate FPL representatives could participate in a call during that window. Although the call may not take 2 hours, I would like to start at 11AM so as to give us as much time as possible. The FMPA folks are generally of the opinion that they will come into the conversation if and when the three of us — Vero Beach, OUC, and FPL — have something definitive to propose or suggest to FMPA that is compliant with Vero's contracts with FMPA. Thus, we'll see where our call leads and then take anything workable to FMPA. Thanks very much, and all the best, Schef Robert Scheffel "Schef" Wright Gardner, Bist, Wiener, Bowden, Bush, Dee, LaVia & Wright, P.A. 1300 Thomaswood Drive Tallahassee, Florida 32308 Telephone 850/385-0070 Facsimile 850/385-5416 Cell 850/933-2016 e-mail: Schef@Rbwlegal.com �VGardner. Bist. Wiener Bowden. Bush. Dee. LaVia & Wright. PA erroie+r 13 as LAM CONFIDENTIALITY NOTICE This communication is intended only for the exclusive use of the intended recipient(s) and contains information which is legally privileged and confidential. Furthermore this communication is protected by the Electronic Communication Privacy Act, 18 U.S.C. §§ 2510-2521 and any form of distribution, copying, forwarding or use of it or the information contained in or attached to it is strictly prohibited and may be unlawful. This communication may not be reviewed, distributed, printed, displayed, or re -transmitted without the sender's written consent. ALL RIGHTS PROTECTED. If you have received this communication in error please return it to the sender and then delete the entire communication and destroy any copies. Thank you. 1 233 Schef Wright From: Jody Finklea <Jody.Finklea@fmpa.com> Sent: Thursday, February 12, 2015 5:51 PM To: Schef Wright Subject: RE: Vero Beach's Request for Meeting Schef, As we discussed this afternoon, FMPA will not be able to consider a meeting until after February 20. Sorry for the delay in responding. Jody From: Schef Wright [mailto:schef@ebwleeal.com] Sent: Thursday, January 22, 2015 3:47 PM To: Fred Bryant; Jody Finklea; Nick Guarriello Cc: CCIem@chesterclem.com; bruce.mav@hklaw.com;'Dylan Reingold' (dreingold@ircgov.com); 'floyd_self@gshllp.com'; Coment, Wayne (WComent@covb.orr) Subject: Vero Beach's Request for Meeting Dear Nick, Fred, and Jody — Please see the attached letter, in which I ask, on behalf of the City of Vero Beach, for a meeting in which we can discuss whether there may be ways, within the framework of our existing Project Contracts and FMPA's other contracts relating to the Stanton, Stanton II, and St. Lucie Projects, by which we may be able to reduce Vero Beach's wholesale power costs. I look forward to hearing from you, and to seeing you again soon. All the best, Schef i 234 NOTES OF CONFERENCE CALL RE: POSSIBLE PATHS FORWARD TO CONSUMMATE SALE OF VERO BEACH ELECTRIC UTILITY SYSTEM TO FPL FEBRUARY 13, 2015 TIME: APPROXIMATELY 10:00 AM — APPROXIMATELY 10:15 AM NOTES PREPARED BY SCHEF WRIGHT PARTICIPANTS: For Vero Beach: Jim O'Connor, Wayne Coment, Jay LaVia, and Schef Wright For FPL: Patrick Bryan, Sam Forrest, and Tim Gerrish For OUC: Chris Browder Schef Wright began the call by stating that the City of Vero Beach appreciates everyone making themselves available for this call, particularly on relatively short notice. He continued by providing an overview of where things stand, including a history of when and how the sale efforts came pretty much to a halt at the beginning of June 2014 when irreconcilable conflicts arose between OUC and FMPA regarding their respective bond covenants. He also mentioned the provision in the Interim Mediation Agreement by the City, the Town of Indian River Shores, and Indian River County pursuant to which the City agreed to attempt to hold discussions with FPL, OUC, and FMPA toward the goal of finding a viable path forward to consummate the sale of the Vero Beach Electric Utility system to FPL. Schef indicated that absent finding a "substitute assignee" to take the place that OUC was originally expected to occupy in taking assignment of Vero Beach's Stanton, Stanton Il, and St. Lucie Project Contracts with FMPA he was unaware of any new or creative ideas for moving the sale forward, but that he and the City welcome any ideas from others. Sam Forrest made comments on behalf of FPL. His first comment was that it didn't seem that much could be accomplished without FMPA in these discussions. Schef Wright stated that FMPA has told him that they will come into the discussions if and when the three parties on this call — Vero Beach, OUC, and FPL — have something definitive to propose or suggest to FMPA that is compliant with Vero's contracts with FMPA. Sam Forrest went on to say that he does not have any creative solutions to offer, but that the ideas of a FMPA buy-back or take -back of Vero's capacity are reasonable from FPL's viewpoint. Chris Browder stated that he feels that this horse has been just about beaten to death, and that as far as he can tell, there are simply no takers for approximately 40 MW of coal capacity (Vero's shares of Stanton and Stanton II under the FMPA Project Contracts). He reiterated that OUC is simply too much of an integrated utility to take the proposed assignments without modifications to the Project Contracts, which would require numerous FMPA approvals. 1 235 When asked by one of the FPL representatives what provisions in the Project Contracts would have to be changed to make such a transaction workable for OUC, Mr. Browder replied that the requirements prohibiting sales to non -tax-exempt entities would likely implicate OUC's opportunity sales and would likely require a tax opinion. He also indicated that the assignments would involve issues with past and future cost allocations as between Vero Beach and OUC, and that it's likely that other FMPA members would want the same concessions or amendments. In summary, nothing has changed from OUC's perspective since the parties, including FMPA, discussed these issues in May 2014. Pat Bryan asked whether Vero's representatives had asked FMPA whether they had any ideas. Schef Wright replied that he has asked or discussed this issue with FMPA representatives over time, and that FMPA's response continues to be that they that they will respond if and when Vero Beach, OUC, and FPL have something definitive to propose or suggest to FMPA that is compliant with Vero's contracts with FMPA. There was no further substantive discussion, and the call was concluded at approximately 10:15AM. 2 236 APPENDIX C PROFESSIONAL SERVICES AGREEMENT AND WORK ORDER BETWEEN THE CITY OF VERO BEACH AND PUBLIC RESOURCES MANAGEMENT GROUP, INC. FOR ELECTRIC RATE STUDY, NOVEMBER 10, 2014 237 A(5 ---q7 CITY OF VERO BEACH, FLORIDA DEPARTMENT: Power Resources PROJECT: Electric Rate Study WORK ORDER NO. 1657-C-1 TO PROFESSIONAL SERVICES MASTER AGREEMENT DATED November 10, 2014 BETWEEN CITY OF VERO BEACH AND Public Resources Management Group. Inc. This Work Order is issued pursuant to and incorporates herein that certain Professional Services Master Agreement ("Master Agreement") entered into on November 10, 2014 by and between the City of Vero Beach, Florida ("City") and Public Resources Manasement Grow), Inc. ("Service Provider"). City requests and Service Provider agrees to provide the services specified herein pursuant to the terms and conditions herein set forth and in the Master Agreement. SECTION 1— PROJECT DESCRIPTION This work order authorizes the preparation of an electric financial forecast, cost of service, and rate study. SECTION 2 — SCOPE OF SERVICES See Attachment A SECTION 3 — SPECIFICATIONS n/a SECTION 4 — CITY RESPONSIBILITIES The following shall be responsibilities of City in addition to those provided in the Master Agreement: City staff shall be responsible for providing PRMG with the data required to perform the rate analysis, review and comment on preliminary results and coordinating the schedule of public meetings. SECTION 5 — TIME OF PERFORMANCE Service Provider shall commence work within five (5) business days after issuance of a written notice -to -proceed. The work shall be completed within 16 weeks after issuance of the written notice -to -proceed, including delivery of rate study reports. SECTION 6 — COMPENSATION City agrees to pay and Service Provider agrees to accept, for services rendered pursuant to the Scope of Services and Specifications identified in this Work Order and in accordance 101224 Mork Ordcr 1 PRMG 140-14 10 30 2014.docx -1- 238 with the conditions set forth in this Work Order and the Master Agreement, a maximum fee under this Work Order of $46,905 based on monthly invoices provided by the Service Provider. The monthly invoices shall reflect the actual hours of service provided and applicable billing rates. See Attachment B for standard billing rates. SECTION 7 — OTHER/ADDITIONAL CONDITIONS n/a SECTION 8 — RELATION TO MASTER AGREEMENT All conditions set forth in the Master Agreement shall control unless otherwise specified in this Work Order. SECTION 9 - DESIGNATED SERVICE PROVIDER REPRESENTATIVE. Service Provider designates the following listed individual as Service Provider's representative, to represent Service Provider in all matters pertaining to this Work Order: Name: Henry L. Thomas Title: Vice President Street Address: 341 N. Maitland Ave.. Ste. 300 Mailing Address: Maitland, FL 32751 Telephone: 407-628-2600 Facsimile: 407-628-2610 SECTION 10 - DESIGNATED CITY REPRESENTATIVE. City designates the following listed individual as City's designated representative, to represent City in all matters pertaining to this Work Order. Name: Cynthia D. Lawson (Deportment Director or Designee) Title: Director of Finance Street Address: 1053 20a' Place Mailing Address: P.O. Box 1389 Vero Beach, Florida 32961-1389 Telephone: (772) 978-4770 Email: clawsont covb.org K\12241Work Order 1 PRMG 140-14 10 30 2014.docx -2- 239 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the last date written below . PROFESSIONAL SERVICES PROVIDER: WITNESSED BY: Public Resources Management Group, Inc. (full legal name of service provider) BY: Sign: Sign: Print: Peg erre Print: Henry L. omas Vice President Sign: Print: STATE OF Florida COUNTY OF Orange Title: Sign: Print: Title: The foregoing instrument was acknowledged before me this 29th day of October, 2014, by Henry L. Thomas , as Vice President of Public Resources Management Group, Inc., who XX is personally known to me; OR presented as identification. NOTARY PUBLIC Sign: I6A-V►-41 .o -( C13,1c Print: -'qty c4A L. CoY State of Florida at Large (seal) Commission No.: EEO za4 My Commission Expires: Iiit1 t to i 15 NOTARY PUBLIC-STATEonna L FLORIDA Commission # EE081284 ,) Expires: APR. 16, 2015 tomTHRUMANTIC BONDING o),U . K:\1224\Work Order 1 Electric 10.27.2014 -3- 240 CITY OF VERO BEACH, FLORIDA: RFP 140-14/J0 RATE STUDY FOR ELECTRIC UTILITY ATTEST: CITY OF VERO BEACH Sign: 1 CrYY1i �.. / Print: Tammy Title: City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER BY: Sign: Print: J. Title: The foregoing instrument was acknowledged 'jam C,Q rr%64 r 2014, by as C:L Mang , and attested by Tammy K. Vero Beach, Florida. They are both known to me. E ER1II KRA ilYC0We810Ntff222!186 DOP1RE& o.o.nwr 3, 2016 Ballad TAm Holory Rik Urania., Approved as to form and legal sufficiency: Approved as to technical requirements: F Torii Richards, Director of Electric Utilities K:\1224\Work Order 1 PRMG 140-14 10 30 2014.docx -4- nnor ity Manager before me this 14412 day of to' tc•rin,ci Vock, as City Clerk, of the City of NOTARY PUBLIC Sign: Print di s/Q /#4•.6 State of Florida at Large (seal) Commission No.: My Commission Expires: Approved as to budget sufficiency: 241 ATTACHMENT "A" SCOPE OF SERVICES 5-1 ELECTRIC UTILITY RATE STUDY TASKS The scope of services to be performed by the consultant for the preparation of an electric utility rate study includes: i) a five year fmancial forecast to develop projected revenue requirements and evaluate capital funding requirements; ii) a cost of service study to determine the City's individual customer classes' revenue responsibility; and iii) rate design analyses to develop rates for electric service that recover the projected revenue requirements. The proposed scope of services is summarized below by the following tasks: Task I — Data Request and Data Gathering Consultant will prepare a written data request for the collection of financial, customer billing, budgetary, operating and planning data necessary to conduct an electric utility rate study. Information requested will include, but is not limited to, financial statements, detailed accounting records such as general ledger trial balances, existing rate and fee schedules, wholesale power bills, operating budgets and capital work plans, existing debt service schedules, summaries of utility plant investment, and customer billing data by customer class and service area Location. Task II — Five Year Financial Forecast The development of the five year financial forecast, which will provide the basis for subsequent development of cost of service analyses and rate design, consists of the following activities: 1. Identification of Fiscal Policies aril Objectives — This task will include the review of existing City Ordinances, financial policy, audited financial statements, adopted budgets and five year capital plans, and any loan agreements associated with outstanding loan obligations. Based on this review consultant will identify goals related to financial performance indicators, capital funding practices and reserve fund policies to provide financial guidelines and support for the rate and fee setting. 2. Customer and Sales Forecast — Consultant will prepare a projection of customer and usage requirements based on detailed customer accounting information provided by the City. This task will include a review of historical customer growth and usage statistics and consideration of future development activity, as well as, development of a profile of billing determinants The billing statistic profiles will be prepared for both existing and proposed customers classes, if different, and reflect appropriate rate structure criteria. The first step of this task will be to work with City staff to specify the billing data to be provided. In addition, alternative rate/customer classes and rate design options to be considered in the study will be identified in conjunction with staff in order to assemble appropriate billing profiles. 242 3. Forecast of Electric Revenue — Based on the customer usage and sales forecast developed in the previous step, Consultant will develop a five year forecast of revenues based on the existing rate schedules. Such forecast will consider new connections within the City's service area, as well as, estimated changes within customer usage patterns that could occur over time related to energy conservation and demand side management programs. This step will also include development of projections of the miscellaneous revenues and other income. 4. Development of Operating Expense Projections and Capital Funding Requirements — Based on the adopted budget, for Fiscal Year 2014-2015, Consultant will develop a five year forecast of future operating expenses (FY2016 - FY2020). The five year forecast of operating expenses will be based on the current operating budget of the electric system and consider inflationary pressures on system costs including labor and benefits, repairs and maintenance, purchase power costs and other operating charges. Consultant will review the electric system's adopted Five Year Capital Improvement program and assist the City with developing appropriate capital funding strategies based on standard industry practices. This analysis will allow the City to evaluate the effects of alternative capital funding strategies on system revenue requirements, estimate future debt service requirements, cash balances and estimate the sufficiency of existing rate levels over the next five years. Additionally, the capital plan and alternative funding strategies will be used to estimate the adequacy of electric system impact fees. 5. Development of Net Revenue Requirements — Consultant will summarize the information developed in Task II to evaluate the sufficiency of existing rate revenues. This task will involve comparing the projected revenues anticipated from existing rates with the projected revenue requirements in order to estimate the adequacy of existing rate levels on a system -wide basis over the next five years. The results of the five year financial forecast, as well as discussions with City staff, will provide the basis for developing an overall system cost recovery strategy. Task III — Test Year Cost of Service Analysis This task will involve developing the support for proposed rate designs including residential, general service non demand, general service demand, large power rates, outdoor lighting, street lighting and demand side management and seasonal rate options as appropriate. 1. Cost of Service Analysis — Based on the financial forecast developed in Task II above, and the cost recovery strategy developed in conjunction with the City staff, consultant will conduct a test year cost of service analysis to develop the basis for proposed electric rates. The cost of service analysis includes the classification and allocation of costs among the various utility functions, customer classes and rate structure attributes. In particular the analysis will address the cost of serving each customer class. Unit costs will also be calculated to estimate the average customer, demand and energy- related costs for each customer class. The individual classes' revenue responsibility identified in the cost of service analysis will be compared with revenues from existing 243 rates to determine the appropriate customer -class rate level adjustments. Also for each rate class, unit costs will be compared to the existing price structures to identify appropriate rate structure adjustments within the rate classes and by season (i.e. winter peak season). As part of the cost of service analysis, consultant will also review the City's existing rate/customer classes and make recommendations for appropriate modifications or additional rate options that City does not currently utilize. For example, Consultant should review City's large customer accounts to determine cost effectiveness of 1) time -of -day (TOD) rates for large customers and 2) billing credits for City's ability to call on customer generators for peak load shaving. To ensure that the City's goals and objectives are accomplished in this task, the cost of service study will reflect the overall cost recovery strategy for the test year as directed by the City, specific rate administrative criteria developed in conjunction with the City, and wholesale pricing methods and rate structures. The cost allocation methods applied in the test year cost of service analysis will be based on standard industry practices as considered acceptable by the Florida Public Service Commission. Task W — Design Proposed Rate and Fee Tariffs Based upon the cost of service study prepared during Task III, Consultant will develop proposed retail rates including any new rate options identified in conjunction with the City. As part of this rate design task Consultant will prepare rate comparisons of existing and proposed rates along with the rates charged by other utilities providing electric service in Florida. 1. Retail Rate Design — Based on the test year cost of service analysis developed in task III, Consultant will develop proposed retail rates, rates that reflect seasonal cost differentials and inverted energy charges to promote conservation as appropriate. The proposed rate designs will including residential, general service non -demand, general service demand, large power rates, outdoor lighting, street lighting and demand side management rate options as appropriate. 2. Miscellaneous Service Charges — Based on cost information as provided by the City Consultant will review the miscellaneous service fees and charges and electric service deposit policies. 3. Impact Fees — Based on methods previously developed for the City and accepted by the Florida Public Service Commission, Consultant will review the adequacy of the electric system impact fees as related to the capital cost of serving new development. Task V - Public Information and Presentation 1. Presentation of Rate Studv Results — Consultant will continually update the City on preliminary study results throughout the analysis. Based on the services provided in the Tasks described above, Consultant will attend up to four (4) on-site meetings to present study results to City staff. In addition to a meeting to initiate the project and gather information required for the study, meetings will be held will be to review the financial forecast, cost of service analysis and proposed rates for electric service prior to 244 presentation to the City's advisory committees and City Council. This task will also include preparation of a briefing document and a report to summarize the study results. In addition to the onsite meetings with City staff to review preliminary study results the scope of services includes up to seven (7) meetings to present the study results to the public. These presentations include meetings with the City's advisory committees, and public workshops and hearings with the City Council. 5-2 LIST OF DELIVERABLES The deliverables to be provided in this engagement include the following items: • Data Request • Five (5) Year Financial Forecast • Test Year Cost of Service Analysis • Proposed Rate and Fee Schedules • Rate Comparisons • Briefing Documents to Summarize Study Results • Study Report 5-3 ADDITIONAL SERVICES During the term of the agreement, the City may request additional services related to its electric utility rate structure and revenue sufficiency. Such services will not be conducted until authorized by the City as mutually agreed upon between the City and the Consultant. The City will be billed for such additional services based on the direct hourly labor rates as set forth in the Agreement and any direct out of pocket expenses associated with such additional work. Alternatively, the City and the Consultant may negotiate a separate all inclusive fee for each additional scope of service requested. Such additional services may include but not be limited to: • Additional meetings and presentations, additional financial and rate analyses requested after substantial completion of the study. • Periodic updates to the five year financial forecast based on actual revenues and expenses, and ongoing monitoring of rate sufficiency. • Model the impact on rates/rate structure for various cost saving initiatives proposed as part of a separate utility optimizsition study. 245 ATTACHMENT B PUBLIC RESOURCES MANAGEMENT GROUP, INC. SCHEDULE OF DIRECT LABOR HOURLY RATES AND COST RATES DIRECT HOURLY RATES Project Team Title Direct Labor Hourly Rates [s] Principal $180.00 Associate $130.00 Managing Consultant $120.00 Supervising Consultant $110.00 Senior Consultant $105.00 Rate Consultant $ 95.00 Consultant $ 85.00 Senior Rate Analyst $ 75.00 Rate Analyst $ 65.00 Analyst $ 55.00 Assistant Analyst $ 45.00 Administrative $ 50.00 14] Direct labor hourly rates effective twelve months after the date of execution of the Agreement; rates will be adjusted by not more than the net percentage change in the Consumer Price Index — Urban Consumers per annum (rounded to the nearest dollar) or as mutually agreed between parties for invoices rendered after each anniversary date of each year thereafter until project completion or termination of the Agreement between the parties. STANDARD COST RATES Expense Description Standard Rates [s] Mileage Allowance — Personal Car Use Only $0.485 per mile Reproduction (black and white) (in house) 50.05 per page Reproduction (color) (in house) 5025 per page Reproduction (contracted) Actual Cost Computer Time $0.00 per hour Telephone Charges Actual Cost Delivery Charges Actual Cost Lodging/Other Travel Costs Actual Cost Meals Not to exceed per PRMG Employee: $8.00 — Breakfast $12.00 — Lunch $25.00 — Dinner Subconsultant Services Actual Cost plus 5.0% Other Costs for Services Rendered Actual Cost (•) Standard cost rates effective twelve months after the date of execution of the Agreement; where applicable, rates will be adjusted by not morc than the net percentage change in the Consumer Price Index — Urban Consumers per annum (rounded to the nearest dollar) or as mutually agreed between parties for invoices rendered after each anniversary date of each year thereafter until project completion or termination of the Agreement between the parties. Any Standard Rate adopted by policy by Client will supersede rates shown above. K:11224\Work Order 1 Ekctric 10.27.2014 B-1 246 CITY OF VERO BEACH, FLORIDA PROFESSIONAL SERVICES MASTER AGREEMENT FOR ARCHITECTURE SERVICES; X PROFESSIONAL ENGINEERING SERVICES; LANDSCAPE ARCHITECTURE SERVICES; REGISTERED SURVEYING & MAPPING SERVICES (designate appropriate service[s]) THIS AGREEMENT, entered into this 10th day of November 2014, by and between the CITY OF VERO BEACH, FLORIDA, a municipal corporation organized under the laws of the State of Florida, hereinafter "CITY," and, Public Resources Management Group, Inc. hereinafter referred to as "PROFESSIONAL." WITNESSETH: For and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and PROFESSIONAL agree as follows: CITY hereby retains PROFESSIONAL to supply services to CITY as required and specified by CITY from time to time. PROFESSIONAL shall provide any and all services encompassing and related to the PROFESSIONAL's professional discipline(s) as designated above and specified by CITY. This agreement, together with any attachments, which are incorporated herein, shall be referred to as the "MASTER AGREEMENT' and shall be implemented by and a part of separate supplemental agreements that shall be designated "WORK ORDERS." PROFESSIONAL agrees to supply the professional services to CITY for all phases of each project as specified and described in the individual WORK ORDERS and pursuant to this MASTER AGREEMENT. PROFESSIONAL shall serve as CITY's professional representative for the project set forth in each WORK ORDER and shall give professional advice to CITY during and related to performance of the services to be rendered under such WORK ORDER. SECTION 1- SCOPE OF SERVICES AND PROFESSIONAL'S RESPONSIBILHIES A. GENERAL RESPONSIBILI'11ES. PROFESSIONAL agrees to provide professional services to CITY, including any and all services generally and typically encompassed by and a function of PROFESSIONAL's professional discipline(s) and as more fully specified in connection with the project described in the applicable WORK ORDER(S). PROFESSIONAL shall use, in performing any and all services for CITY, the level of care, skill, and due diligence expected of and recognized by a reasonable, prudent and experienced professional in PROFESSIONAL's professional discipline(s), as the case may be, as being sound professional practice under similar conditions and circumstances. If PROFESSIONAL fails to possess and use such care, skill and due diligence in providing any and all professional services, PROFESSIONAL shall be responsible to G:1Pending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140-1410 11 3 14.doc Page 1 of 16 247 CITY for any loss or damages resulting there from, except as monetarily limited by Section VII. B. SPECIFIC RESPONSB3ILII IES. 1. The specific services to be provided by PROFESSIONAL shall be defined in each individual WORK ORDER prepared and approved by CITY. Each WORK ORDER shall include the project description, the scope of services to be provided by PROFESSIONAL, CITY's responsibilities, the time of performance, and the method and amount of compensation. WORK ORDERS shall be dated and sequentially numbered, and approved by CITY prior to a notice -to -proceed order being issued. Each WORK ORDER shall be deemed to incorporate and be subject to this MASTER AGREEMENT. 2. PROFESSIONAL's work shall commence only upon written authorization in the form of a notice -to -proceed order issued by CITY separate from this MASTER AGREEMENT and any WORK ORDER. PROFESSIONAL shall endeavor not to duplicate any previous work done on a project. After issuance of a WORK ORDER and written authorization to proceed, PROFESSIONAL shall consult with CITY to clarify and define CITY's requirements for the project and review all available data. 3. PROFESSIONAL shall attend conferences with CTTY's representatives upon request. 4. PROFESSIONAL shall obtain all permits required for performance of the work necessary to complete the project described in the applicable WORK ORDER. 5. In order to accomplish the work described under this MASTER AGREEMENT and each WORK ORDER within the time frames and conditions set forth in this MASTER AGREEMENT and such WORK ORDERS, PROFESSIONAL agrees to observe the following requirements: (a) PROFESSIONAL shall maintain an adequate and competent staff of professionally qualified persons, including, but not limited to, licensed architects, licensed professional engineers, registered surveyors, draftsmen, qualified biologists, computer technicians, and other employees, as each project may require, throughout the performance of this MASTER AGREEMENT and each WORK ORDER so as to achieve acceptable and timely completion of each WORK ORDER and project. (b) PROFESSIONAL shall comply with all federal, state, and local laws applicable to each project. PROFESSIONAL will design each project and perform PROFESSIONAL's services in such a manner as to be in conformance with all applicable federal, state and local laws, including, but not limited to, the Florida Department of Transportation's Manual on Uniform Minimum Standards for the Design, Construction, and Maintenance of Streets and Highways (Green Book), latest edition, the St. Johns River Water Management District's rules, and all other applicable requirements. The sealing, if required, of all plans, reports and documents prepared by PROFESSIONAL shall be governed by the wr. G:'sPending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140 -14 -JO 11 3 14.doc Page 2ofl6 248 laws and regulations of the State of Florida and the requirements of all applicable regulatory agencies. (c) PROFESSIONAL shall prepare all sketches, drawings and completed application forms and documents needed for CTTY's applications for any and all required project permits, including, but not limited to those from all federal, state, and local governments and agencies. (d) Upon request of CITY, PROFESSIONAL shall provide assistance to CITY in preparation of all project grant applications, documents and drawings, as well as assistance in grant administration and compliance. (e) (f) (g) (h) PROFESSIONAL shall cooperate fully with CITY in order that all phases of the work may be properly scheduled and coordinated. CITY's representatives shall have the right to inspect the work of PROFESSIONAL at any time. PROFESSIONAL shall send a complete preliminary set of construction plans to all city, state and federal regulatory agencies, from which a permit or other approval is required, prior to final approval of the project design by CITY. PROFESSIONAL will coordinate the project design with all such agencies. PROFESSIONAL shall contact all utility companies having installations in the vicinity of the proposed work and consider relocation of utilities, if necessary. PROFESSIONAL will provide CITY with necessary information relative to required utility adjustments, relocations and installations and will show all utilities on the final design plans. PROFESSIONAL shall report the status of each WORK ORDER project to CITY upon request and hold all drawings, calculations and related work open to the inspection of CITY's representatives at any time, upon reasonable request. (i) PROFESSIONAL shall, upon request of CITY, make available on electronic digital media the documents, specifications, sketches, drawings and other data produced by PROFESSIONAL under this MASTER AGREEMENT and any WORK ORDER. PROFESSIONAL may charge only the actual cost of such electronic digital media copies. 6. PROFESSIONAL shall furnish additional copies of the drawings, specifications and contract documents as required by CITY for prospective bidders, materials suppliers, federal, state and local agencies from whom approval of the project must be obtained, and other interested parties, but may charge only for the actual cost of such copies. Upon award of any contract arising out of PROFESSIONAL's work, PROFESSIONAL shall furnish to CITY the number of sets requested by CITY of the project drawings, specifications and reports produced by PROFESSIONAL. The cost of these sets of documents is not included in the basic compensation paid to PROFESSIONAL, but will be paid as a direct expense pursuant to Section VI of this MASTER AGREEMENT. All original documents, including, but not limited to, survey notes, field books, .,.,r G:\Pending AgreementsWero Beach\Prof Services MasterAgmt PRMG 140 -14 -JO 11 3 14.doc Page 3 of 16 249 tracings, and the like, including all items furnished to PROFESSIONAL by CITY pursuant to this MASTER AGREEMENT or any WORK ORDER, are and shall remain the property of CITY, and shall be delivered to CITY upon completion of the work or at CITY's request, whichever occurs first. 7. All drawings prepared by PROFESSIONAL shall be of sufficient detail to permit the actual location of the proposed improvements on the ground. Property surveys, property plats, and legal descriptions for easements and real property to be acquired shall also be furnished to CITY by PROFESSIONAL. Negotiation for all real property rights shall be accomplished by CITY, unless CITY specifically requests PROFESSIONAL to perform such services in a WORK ORDER. In such event, PROFESSIONAL shall be compensated for the additional services as provided in such WORK ORDER. 8. Any additional work for a project's permitting required by a regulatory agency pursuant to regulations established after the date of the applicable WORK ORDER shall be an additional service. CITY shall compensate PROFESSIONAL for such additional work in accordance with the provisions herein and the applicable WORK ORDER and in accordance with the fee schedule provided in such WORK ORDER or the WORK ORDER authorizing such additional work. PROFESSIONAL shall obtain approval from CITY prior to commencement of any such additional work. 9. If CITY proposes to construct the improvements in a phased manner, PROFESSIONAL shall prepare detailed master plan drawings as required by the applicable WORK ORDER. 10. Compensation to PROFESSIONAL for services rendered shall be in accordance with each WORK ORDER, mutually agreed upon by PROFESSIONAL and CITY. Unless otherwise stated in this MASTER AGREEMENT or a WORK ORDER hereunder, all services provided for in this MASTER AGREEMENT or such WORK ORDER are included within the scope of basic compensation provided for in each particular WORK ORDER C. SPECIAL CONSULTANTS. PROFESSIONAL agrees to assist and advise CITY, in determination of the need for and selection of any special consultants for the project covered under each WORK ORDER. D. SUBCONTRACTORS. Before the employment of any subcontractor by PROFESSIONAL in performance of the work under this MASTER AGREEMENT or any WORK ORDER, PROFESSIONAL shall obtain approval of such subcontractor from CITY, which approval shall not be unreasonably withhold. Any such subcontractor employed by PROFESSIONAL shall be subject to and comply with all applicable provisions of this MASTER AGREEMENT and the applicable WORK ORDERs hereunder and PROFESSIONAL shall be responsible for insuring such compliance. G:1Pending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140 -14 -JO 11 3 14.doc Page 4 of 16 250 E. DESIGNATED PROFESSIONAL REPRESENTATIVE. 1. REPRESENTATIVE AS TO MASTER AGREEMENT. PROFESSIONAL designates the following listed individual as PROFESSIONAL's representative, to represent PROFESSIONAL in all matters pertaining to this MASTER AGREEMENT: Name: Title: Street Address: Mailing Address: Telephone: Facsimile: E-mail: Henry L. Thomas Senior Vice President 341 N. Maitland Avenue Suite 300 Maitland. FL 32751 (407) 628-2600 (407) 628-2610 htbomas@prmginc.com 2. REPRESENTATIVE AS TO WORK ORDERS. PROFESSIONAL shall designate in each WORK ORDER its representative for all matters pertaining to the performance of the work under such WORK ORDER together with such representative's contact information. 3. Designated representatives and contact information may be changed by the giving of written notice as provided herein. SECTION I] - CITY RESPONSIBILITIES A. DATA TO BE FURNISHED. CITY agrees to provide to PROFESSIONAL the following documents, material, and data as required in connection with the work to be performed under this MASTER AGREEMENT and each WORK ORDER hereunder: 1. A copy of all available preliminary data or reports in the possession of CITY that are pertinent to the project, such as survey notes, existing location surveys, topographic surveys, and related documents. 2. A copy of all available drawings, right-of-way maps, and other documents in possession of CITY that are pertinent to the project. B. OTHER CITY RESPONSIBILI'T'IES. CITY shall be responsible for: 1. Acquiring all rights-of-way, easements and other rights in real property as necessary to complete the project described in the applicable WORK ORDER. 2. Making provisions for PROFESSIONAL to enter upon public or private property as required for PROFESSIONAL to perform PROFESSIONAL's services. 3. Promptly executing all pennit applications prepared and coordinated by PROFESSIONAL needed to expedite the acquisition of any local, state or federal permits made necessary by the project described in the applicable WORK ORDER. G:'Pending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140 -14 -JO 11 3 14.doc Page 5 of 16 251 4. Those additional CITY responsibilities as set forth in the terms of the applicable WORK ORDER issued pursuant to this MAS 1'Elt AGREEMENT. C. DESIGNATED CITY REPRESENTATIVE. 1. REPRESENTATIVE AS TO MASTER AGREEMENT. CITY designates the following listed individual as CITY's designated representative, to represent CITY in all matters pertaining to this MASTER AGREEMENT. Name: Cynthia D. Lawson Title: Director of Finance Street Address: 1053 20th Place Mailing Address: P.O. Box 1389 Vero Beach, Florida 32961-1389 Telephone: (7721 978-4770 Email: clawson@.covb.org 2. REPRESENTATIVE AS TO WORK ORDERS. CITY shall designate in each WORK ORDER its representative for all matters pertaining to performance of the work under such WORK ORDER together with such representative's address, telephone number and facsimile number. 3. Designated representatives and contact information may be changed by the giving of written notice as provided herein. 4. Designation of CITY representatives notwithstanding, it is understood that final authority for CITY on all matters rests solely with the City Council and PROFESSIONAL acknowledges this fact. SECTION III - CHANGES AND ADDITIONAL WORK Any changes in the work or additional work necessitated by unforeseen conditions, or by changes to a project's plans or scope of the project due to requests of CITY after approval and acceptance of the plans and scope by CITY, shall be subject of and may commence only upon approval and issuance by CITY of an additional WORK ORDER and notice -to -proceed. Such change in the work or additional work shall be performed by PROFESSIONAL in accordance with the fee schedule provided in such WORK ORDER SECTION IV - DURATION OF AGREEMENT A. MAS 17;11 AGREEMENT. This MASTER AGREEMENT shall. be a continuing contract and remain in full force for five (5) years unless otherwise terminated pursuant to the terms of this MAS Mt AGREEMENT. B. WORK ORDER. Each WORK ORDER shall specify the time frames agreed to by CITY and SERVICES PROVIDER for services to be rendered under the WORK ORDER. N:\BIDS 2014\140 -14 -JO RFP Rate Study For Electric UUilitylProf.Servioes.MasterAgmt. PRMO 140-14J011.3.14.doc Page 6 of 16 252 C. ORDERLY AND CONTINUOUS PROGRESS. The provisions of this MASTER AGREEMENT and each WORK ORDER, unless stated otherwise, anticipate the orderly and continuous progress of each project. SECTION V - TERMINATION A. TERMINATION BY EITHER PARTY WITHOUT CAUSE. Either party shall have the right at any time to terminate this MASTER AGREEMENT in its entirety without cause, or to terminate any WORK ORDER without cause, provided that thirty (30) days prior written notice of the intent to terminate is delivered by certified mail or personal delivery to the designated representative of the other party. In the event that a WORK ORDER is being terminated, the terminating party shall identify the specific WORK ORDER being terminated and the specific WORK ORDER(S) to be continued to completion pursuant to the provisions of this MASTER AGREEMENT. This MASTER AGREEMENT shall remain in full force and effect as to all authorized WORK ORDERS that are to be continued to completion. B. DELIVERY OF DOCUMENTS. Upon termination of this MASTER AGREEMENT or any WORK ORDER by either party, PROFESSIONAL shall, within ten (10) days, or any extensions thereto as may be mutually agreed to by the parties, deliver or otherwise make available to CITY all documents, materials, files and electronic digital media, including, but not limited to, reports, drawings, plans, specifications, and other data and documents, that have been obtained, prepared or produced by PROFESSIONAL in performing services under this MASTER AGREEMENT and the pertinent WORK ORDER, regardless of whether the work on such documents and materials has been completed or is in progress. C. PAYMENT IN TBE EVENT OF TERMINATION. In the event this MASTER AGREEMENT or any WORK ORDER is terminated by either party prior to final completion, PROFESSIONAL shall receive payment from CITY for the unpaid portion, if any, of PROFESSIONAL's services actually provided under this MASTER AGREEMENT and the applicable WORK ORDER to the date of termination, provided that PROFESSIONAL is not in default of any provision of this MASTER AGREEMENT or the applicable WORK ORDER. SECTION VI - PAYMENTS TO PROFESSIONAL CITY agrees to pay and PROFESSIONAL agrees to accept, for services rendered pursuant to this MASTER AGREEMENT and any WORK ORDER hereunder, fees in accordance with the following conditions: A. PROFESSIONAL SERVICES FEE. The basic compensation of PROFESSIONAL shall be mutually agreed upon by PROFESSIONAL and CITY prior to issuance of each WORK ORDER and shall be included in the WORK ORDER for review and approval by CITY. 2. PROFESSIONAL acknowledges that CITY is exempt from sales taxes and CITY shall not be invoiced for same. G:1Pending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140 -14 -JO 11 3 14.doc Page 7of16 253 3. Each WORK ORDER may be divided into units of deliverables or phases of work, including, but not limited to, reports, findings, drawings, drafts, or other work product, that must be received and accepted in writing by CITY's designated representative prior to approval of payment for such work. 4. Fees and other charges for services shall be invoiced monthly or as otherwise provided in the applicable WORK ORDER. PROFESSIONAL shall submit duly certified and proper invoices for approval, in triplicate, to CITY's representative designated in the applicable WORK ORDER. Such invoices shall be reviewed by CITY and, if approved, shall be submitted to the CITY's chief disbursement officer for payment together with certification that the services invoiced have been rendered and that the services are in conformity with this MASTER AGREEMENT and the applicable WORK ORDER. In any case in which an improper invoice is submitted by PROFESSIONAL, CITY shall within ten (10) business days after such improper invoice is received by the designated CITY representative, notify PROFESSIONAL that the invoice is improper and indicate what corrective action on the part of PROFESSIONAL is needed to make the invoice proper. 5. The payment due date for invoices shall be forty-five (45) days after a certified and proper invoice is received by the CITY's chief disbursement officer after approval by the appropriate CITY representative, or if required, approval by City Council. However, if CITY notifies PROFESSIONAL by such due date that CITY disputes the invoice or any portion thereof, the payment due date for such disputed invoice or portion shall be as provided herein for resolution of invoice payment disputes. Payment of any undisputed invoice or undisputed portion of an invoice not made by CITY to PROFESSIONAL by the due date shall begin to bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. PROFESSIONAL must invoice CITY for any interest accrued in order to receive the interest payment. 6. In the event a dispute occurs between CITY and PROFESSIONAL concerning payment of an invoice, such disagreement shall be resolved by the Director of CITY's Department having responsibility for the applicable WORK ORDER. The Department Director shall proceed, not later than forty-five (45) days after the date on which a proper invoice was received by CITY, to resolve the dispute by good faith consultation with PROFESSIONAL and CITY's representative(s) and such proceeding shall be concluded by final decision not later than sixty (60) days after the date on which a proper invoice was received by CITY. CITY shall pay PROFESSIONAL the amount agreed between the parties as proper for the invoice or, if agreement cannot be reached, the amount determined by the Director to be proper for the invoice. Such payment shall be less any amounts previously paid by CITY with respect to such invoice. In the event that PROFESSIONAL disputes the decision of the Director, PROFESSIONAL shall appeal such decision as provided in the Code of Ordinances of the City of Vero Beach or such dispute shall be deemed waived and the Director's decision shall be final. 7. If an invoice payment dispute is resolved in favor of CITY, then interest charges shall begin to accrue fifteen (15) days after CITY's final decision. If such dispute is resolved in favor of PROFESSIONAL, then interest shall begin to accrue as of G:\Pending Agreements\Vero Seach\Prof Services MasterAgmt PRMG 140 -14 -JO 11 3 14.doc Page 8 of 16 254 the original date the payment became due, which due date shall be calculated as forty-five (45) days from the appropriate date provided in Section 218.73, Florida Statutes, as it may be amended. 8. In the event it is determined that CITY has overpaid an invoice, PROFESSIONAL shall refund to CITY the amount of such overpayment within forty-five (45) days of such determination. If the overpayment is not refunded by PROFESSIONAL within that time, such overpayment shall begin to bear interest from thirty (30) days after such refund due date at the rate of one percent (1%) per month on the unpaid balance. 9. The due date and treatment of invoices for construction services, as defined in Section 218.72, Florida Statutes, if applicable, shall be as provided in Section 218.735, Florida Statutes, as those sections may be amended. 10. In order for both parties to close their books and records, PROFESSIONAL shall clearly state "Final Invoice" on PROFESSIONAL's final billing to CITY for each WORK ORDER, as applicable. PROFESSIONAL shall submit with such Final Invoice certification that all services under the applicable WORK ORDER have been performed and that all charges and costs have been invoiced to CITY, together with a list of all subcontractors and suppliers providing goods or services under the applicable WORK ORDER and certification that all such subcontractors and suppliers have been fully paid. No Final Invoice shall be approved for payment until PROFESSIONAL has fully complied with this provision. B. DIRECT PROJECT EXPENSES. "DIRECT PROJECT EXPENSES" means actual expenses incurred in connection with a Project as described in paragraphs 1 through 4 below. CITY agrees to pay DIRECT PROJECT EXPENSES as follows: 1. Soil Survey. CITY shall make direct payment to the approved soil laboratory for soil survey work approved by CITY in writing, that is necessary in furtherance of the project. 2. Printing and Reproduction. CITY shall make direct payment to PROFESSIONAL for the properly documented cost of printing and reproduction. The maximum cost allowed per blueprint shall be $1.00 per sheet and for each mylar or sepia shall be $4.00 per sheet, unless otherwise specified in the WORK ORDER 3. Per Diem and Travel Expenses. CITY shall reimburse PROFESSIONAL the actual cost of all properly documented travel related expenses in accordance with rates and rules established by Chapter 112, Florida Statutes, including, but not limited to, meals, lodging, and transportation necessary for project related work accomplished away from PROFESSIONAL's office. 4. Recording, Permit Fees, Other Expenses. CITY shall reimburse SERVICE PROVIDER for the actual cost of properly documented recording, permit fees G:\Pending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140 -14 -JO 11 3 14.doc Page 9 of 16 255 and other project expenses that are not included within PROFESSIONAL's basic compensation as provided in the applicable WORK ORDER. C. TRUTH -IN -NEGOTIATION CERTIFICATION. In accordance with Florida Statutes Section 287.055(5Xa), for any lump -sum or cost -phis -a -fixed -fee professional service authorized by a WORK ORDER issued pursuant to this MASTER AGREEMENT in which the fee is over the threshold amount provided in Florida Statutes Section 287.017 for Category Four, as it may be amended, PROFESSIONAL hereby certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of said WORK ORDER. The original contract price set forth in said WORK ORDER and any additions thereto will be adjusted to exclude any significant sums by which CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the pertinent WORK ORDER. SECTION VII - INSURANCE AND INDEMNIFICATION (As revised 05/16/2013) A. GENERAL INSURANCE REQUIREMENTS Before starting and until acceptance of the work by CITY, PROFESSIONAL shall procure and maintain insurance of the types and to the minimum limits specified below. PROFESSIONAL shall require each of its subcontractors to procure and maintain, until completion of that subcontractor's work, insurance of the types and to the limits specified below. It shall be the responsibility of PROFESSIONAL to ensure that all its subcontractors comply with all of the insurance requirements contained herein relating to such subcontractors. CITY reserves the right to request proof of subcontractor's insurance from PROFESSIONAL. B. COVERAGE. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Workers' Compensation $500,000 each accident $500,000 bodily injury by disease each employee $500,000 bodily injury by disease policy limit Workers' Compensation insurance must meet mandatory statutory limits for employers with three or more employees. 2. Commercial General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and must include: $1,000,000 per occurrence/2,000,000 aggregate Products and Completed Operations - Contractors shall maintain in force until at least three years after completion of all services required under the contract, coverage for products and completed operations, including Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless G:\Pending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140-14-J0 11 3 14.doc Page 10 of 16 256 and/or indemnification agreement. 3. Umbrella - $1,000,000 per occurrence. Otherwise, $2,000,000 per occurrence, if the contract exceeds 180 days or $300,000. 4. Professional Liability. SERVICE PROVIDER shall maintain in force, during the duration of this AGREEMENT and acceptance by CITY of the work performed by SERVICE PROVIDER, professional liability insurance providing coverage for all claims arising out of SERVICE PROVIDER's performance of the professional services under this AGREEMENT. $2,000,000 per occurrence 5. Certificates of Insurance - Certificates of all insurance required from the contractor shall be filed with the City and shall be subject to its approval for adequacy and protection. Certificates from the insurance carrier, stating the types of coverage provided, limits of liability and expiration dates, shall be filed•with the City before operations are commenced. The City of Vero Beach shall be identified as an additional insured for general liability coverage's required above. A copy of the additional insured endorsement must be attached and contain language no less restrictive than ISO Form CG20100704 or ISO Form CG20330704. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this contract and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this contract. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished seven (7) days prior to the date of expiration. 6. Notice of Cancellation and/or Restriction - Each policy must be endorsed to provide the City with a minimum of seven (7) days notice of cancellation and/or restriction, ten days (10) days notification for non-payment. C. INDEMNIFICATION. PROFESSIONAL will indemnify and hold harmless CITY, its departments, elected officials, officers, employees and agents, from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees and costs through trial and appeal, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of PROFESSIONAL and other persons employed or utilized by PROFESSIONAL in the performance of this MASTER AGREEMENT and any WORK ORDER hereunder or arising out of the violation of any law or regulation by PROFESSIONAL or persons employed or utilized by PROFESSIONAL. SECTION VIII - ACCESS TO RECORDS/AUDIT RIGHTS PROFESSIONAL shall maintain books, records, documents, time and costs accounts and other evidence directly related to its performance of services under this MASTER AGREEMENT and WORK ORDERS hereunder. All such time records and cost data shall be maintained in accordance with generally -accepted accounting principles. PROFESSIONAL shall also maintain the financial information and data necessary to determine overhead rates in accordance with the requirements of federal and state regulatory agencies and this MASTER AGREEMENT. CITY's representatives shall have access upon request to such books, records, documents, time and costs accounts and other evidence for inspection, auditing and copying. Any such inspection, auditing and copying shall be at CITY's expense. PROFESSIONAL shall maintain and allow access to the records required under this section for a period of three (3) years after completion of the services provided under this MASTER AGREEMENT and date of final payment for such services, or date of termination of this MASTER AGREEMENT as provided herein. G:\Pending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140.14 -JO 11 3 14.doc Page 11 of 16 257 For each project and WORK ORDER hereunder, PROFESSIONAL will maintain separate accounting records that will include, but not be limited to, timecards, job cost records, invoices, and all other such data necessary to identify project and WORK ORDER costs. Said records will be made available to CITY's representatives for inspection, auditing and copying at PROFESSIONAL's office upon request and at CITY's expense. PROFESSIONAL shall allow public access to all documents, papers, letters, and other material that is subject to the provisions of Chapter 119, Florida Statutes, and made or received by PROFESSIONAL in conjunction with this MASTER AGREEMENT or any WORK ORDER hereunder. PROFESSIONAL shall immediately inform CITY of any and all public records requests made to PROFESSIONAL and coordinate with CITY the PROFESSIONAL's compliance with such request. SECTION a - OWNERSHIP AND REUSE OF DOCUMENTS A. OWNERSHIP OF DOCUMENTS. It is understood and agreed by the parties hereto that all documents and materials, including, but not limited to, reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and any other data used, developed or produced by PROFESSIONAL or at PROFESSIONAL's direction for the purpose of this MASTER AGREEMENT and any WORK ORDER hereunder, shall become the property of CITY and shall be made available by PROFESSIONAL at any time upon request of CITY's representatives. When all work contemplated under this MASTER AGREEMENT or any WORK ORDER is complete, all of such documents shall be delivered to CITY's designated representative. B. REUSE OR PUBLICATION OF DOCUMENTS. All documents, including, but not limited to, drawings and specifications, prepared or produced by PROFESSIONAL for a specific project pursuant to this MASTER AGREEMENT and any WORK ORDER, are related exclusively to the services described in this MASTER AGREEMENT and the WORK ORDER(S) for such project. Unless otherwise provided in a WORK ORDER or other supplemental agreement, they are not intended or represented to be suitable for reuse by CITY or others on extensions of the subject project or on any other project and any such utilization or adaptation shall entitle PROFESSIONAL to additional compensation at a rate to be agreed upon by CITY and PROFESSIONAL. PROFESSIONAL shall not be liable for any reuse of the documents unless such reuse is intended by the WORK ORDER or the reuse is agreed to by the parties hereto. PROFESSIONAL shall not be liable for any modifications made to the documents by other than PROFESSIONAL or anyone directly or indirectly employed by PROFESSIONAL. Any documents provided to, prepared or assembled by PROFESSIONAL and PROFESSIONAL's subcontractors under this MASTER AGREEMENT and any WORK ORDER hereunder shall be kept solely as property of CITY and shall not be made available to any individual or organization without the prior written approval of CITY. PROFESSIONAL shall not publish any information or documents concerning a project under this MASTER AGREEMENT or any WORK ORDER without the written consent of CITY. G:\Pending Agreements\Vero Beach\Prot Services MasterAgmt PRMG 140-14JO 11 3 14.doc Page 12 of 16 258 SECTION X - NOTICES Ail notices, certificates, reports, requests, demands, materials and any other communications hereunder or pursuant to any WORK ORDER shall be in writing and deemed to have been duly given (i) upon delivery (personally, by courier service such as FedEx or by other messenger) to the address of the appropriate party's designated representative as set forth in the applicable WORK ORDER; or (ii) upon receipt as evidenced by the appropriate form of the United States Postal Service after mailing by United States registered or certified mail, return receipt requested, postage prepaid to such address; or (iii) upon mailing if such registered or certified mail is refused by the recipient or returned unclaimed to the sender. SECTION XI - PROHIBITION AGAINST CONTINGENT FEES In accordance with Section 287.055(6)(a), Florida Statutes, PROFESSIONAL warrants that PROFESSIONAL has not employed or retained any company or person, other than a bona fide employee working solely for PROFESSIONAL, to solicit or secure this MASTER AGREEMENT or any WORK ORDER hereunder and that PROFESSIONAL has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for PROFESSIONAL, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this MASTER AGREEMENT or any WORK ORDER hereunder. For breach or violation of this provision, CITY shall have the right to terminate this MASTER AGREEMENT and any WORK ORDER hereunder without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. SECTION XII - REMEDIES Any remedies provided in this MAS 1 E1& AGREEMENT or any WORK ORDER shall be deemed cumulative and additional and are not in lieu of or exclusive of each other or of any other rights or remedies any party hereto otherwise has by law, equity or statute. In any action arising under this MASTER AGREEMENT or any WORK ORDER issued hereunder, the prevailing party is entitled to recover a reasonable fee for the services of the prevailing party's attorney through trial and appeal, in an amount to be determined by the court, together with the prevailing party's costs of the action. In the event each party shall partially prevail in such action, costs and reasonable attorneys' fees shall be equitably apportioned between the parties by the court. SECTION XIII — RIGHT OF DECISION PROFESSIONAL shall perform all project services and work to the satisfaction of the Director of CITY's Department having authority over the prosecution of the work contemplated by the WORK ORDER, which Director shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this MASTER AGREEMENT and the subject WORK ORDER and according to the prosecution and fulfillment of the services and work there under, and the character, quality, amount and value of such services and work. Such Director's decision upon all claims, questions and disputes shall be final, conclusive and binding upon the parties. In the event that PROFESSIONAL disputes a decision of such Director upon any, matter, PROFESSIONAL shall appeal the disputed decision in the manner provided in the Code of Ordinances of the City of Vero Beach or such dispute shall be deemed waived. G:\Pending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140 -14 -JO 11 3 14.doc Page 13 of 16 259 SECTION XIV - ENTIRE AGREEMENT, VALIDITY, APPLICABLE LAW, VENUE This MASTER AGREEMENT, together with all WORK ORDERS subsequently issued hereunder by CITY, shall embody the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged into this MAS 1 ER AGREEMENT and such WORK ORDERS. The parties hereto and their respective legal counsel participated, or the parties hereto were given the opportunity to have their legal counsel participate in the preparation of this MASTER AGREEMENT and each WORK ORDER hereunder; therefore, this MASTER AGREEMENT and each WORK ORDER issued hereunder shall be construed neither against nor in favor of any party hereto, but rather in accordance with the fair meaning thereof. Neither. this MASTER AGREEMENT nor any WORK ORDER issued hereundermay be amended, modified, changed, or supplemented in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, modification, change or supplement is sought. The failure of any party at any time or times to require performance of any provision of this MASTER AGREEMENT or any WORK ORDER hereunder shall in no manner affect such party's right to enforce the same. A party may waive a provision of this MASTER AGREEMENT or any WORK ORDER hereunder only in a signed writing specifically stating what is waived. The waiver by any party of any breach of any provision of this MASTER AGREEMENT or any WORK ORDER hereunder shall not be construed to be a waiver by any such party of any succeeding breach of that provision or any other provision. The invalidity, illegality or unenforceability of any provision or provisions of this MASTER AGREEMENT or any WORK ORDER hereunder will not affect any other provision of this MASTER AGREEMENT or such WORK ORDER, which shall remain in full force and effect, nor will the invalidity, illegality or unenforceability of a portion of any provision of this MASTER AGREEMENT or any related WORK ORDER affect the balance of such provision. In the event that any one or more of the provisions contained in this MASTER AGREEMENT or any WORK ORDER hereunder or portion thereof shall for any reason be finally held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, this MASTER AGREEMENT and any such WORK ORDER shall be reformed, construed and enforced as if such invalid, illegal or unenforceable provision had never been contained therein. The title of this MASTER AGREEMENT and any WORK ORDER hereunder and the section and paragraph headings contained in this MASTER AGREEMENT and such WORK ORDER are not substantive parts of this MASTER AGREEMENT or such WORK ORDER and shall not expand, limit or restrict this MASTER AGREEMENT or such WORK ORDER in any way. This MASTER AGREEMENT and any WORK ORDER hereunder, regardless of where executed, shall be governed by and construed according to Florida law. The parties agree that venue for resolution of any dispute arising hereunder shall only be in Indian River County, Florida. This MASTER AGREEMENT and any WORK ORDER hereunder may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. G:1Pending Agreements\Vero BeachWrof Services MasterAgmt PRMG 140 -14 -JO 11 3 14.doc Page 14 of 16 260 IN WITNESS WHEREOF, the parties hereto have executed this MASTER AGREEMENT as of the date first written above. PROFESSIONAL SERVICES PROVIDER: WITNESSED BY: Sign: — pn¢ Print: CYNTHIA VALE -WIN Sign: i't Print: - r IrA > a,,,1/A« STATE OF Florida COUNTY OF Orange Publ rc 4c,d,(us /n BY: Sign: Print: Title: Sign: Print: Title: (full legal name of PRiFESSIONAL) The foregoing instrument was acknowledged before me this 10`" day of November, 2014, by Henry L. Thomas, as Senior Vice President of Public Resources Management Group. Inc., who X is personally known to me; OR presented as identification; and who did not take an oath. NOTARY PUBLIC Sign: C Print: CYNTHIAVAWmN State of Florida at Large (seal) Commission No.: k-- C t N.014c My Commission Expires: ��,\ 0-12-1* G:\Pending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140-14-J0 11 3 14.doc Page 15 of 16 261 CITY OF VERO BEACH, FLORIDA: ATTEST: Sign: Print: Tammy Title: City Cleric STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH BY: Sign: Print: Title: ity Manager .41 ( f R O'Connor The foregoing instrument was acknowledged before me this %6' day of Zussrect 20 1'1, by James R. O'Connor, as City Manager, and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach, Florida. They are both known to me and did not take an oath. SIERRI PtilO MY C01/4I1891ON 1 EE 22088 EXPIRES: December 3, 2016 Banded TPU Rohr Pa* t,nderrrelm 1 Approved as to form and legal sufficiency: NOTARY PUBLIC Sign: Print `e�l`trtt; State of Florida at Large (seal) Commission No.: My Commission Expires: Approved as to technical and budget sufficiency: N:IBIDS 2014\140 -14 -JO RFP Rate Study For Electric UtitityWroo.Services.MasterAgmt. PRMG 140 -14 -JO 11.3.14.doc Page 16 of 16 262 PUBLI-3 OP ID: MN '`;R v CERTIFICATE OF LIABILITY INSURANCE °"1111 4 THIS CERTIFICATE 18 188UED 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(8), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the cert1Rcats holder Is an ADDITIONAL INSURED, the poIcy(les) must be endorsed. IT SUBROGATION 13 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this careScole does not confer rights to the certlIcate holder h Neu of such endorsmsntis). FaOMM 'The Mastridge 2100 N. Mole Hwy. Boca Raton, FL 33431 Mr" Sharon Weiser Xer.-SRO c„e: 561-8951483 1 FAX, taw 681419-1660 ram proofollnsuran ce plastlldpe.com INFtlRMS AFPORONO CIIVEINSE NMC 0 mum( A; Phoenix k surance Company 25623 MOM Public Resources Mgmt Grp, Inc 341 N. Maitland Ave. 2L100 Maitland, FL 32751 mew e : Ohio Casualty Insurance Co. 24074 enon It c:Travelers Casualty & Surety 19036 Lawn o :Iron:home Specialty Ins. Co. $ 1,000,000 akariEeonui Kr en) a 300,000 POURER F : $ 6,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NCRWrn(STANDNG ANY RECLUMtEMENT, TEIM OR CONDrrIOH OF ANY CONTRACT 011 OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE NAY BE ISSUED OR MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICES DESCRIBED HEREN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AM) CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAMS. tiT YPE OF IIIEUNNANC6 PouCY KAM UC CMAIOrP& Aggig A A ODER X i IJA6I J Y COMAa3tCIALGFIIERALLIAeaJTY X 1805TIMUSsPHXI4 01/05/2014 01/11512015 ' EAQI OCCUAmENCE $ 1,000,000 akariEeonui Kr en) a 300,000 MEDEW(Am a..person) $ 6,000 tx.AatSMACE X OCCUR PPASONAL I AoV INJURY S 1,000 . ' GENE RALAoaReatttt $ 2. _ X Apg Per Project PRODUCTS-COMP/OP AGO $ 2,000,000 GEN tAGGPEGATEOWAPPUEEPEW —1.POUCY f n n LOC $ A AUTOMOBSA — — X MUM ANY AUTO ALL OWNED AUTOS HIRED AUTOS -- — X SCfEDU ED =WED Amos 61 $M 057a858PHX14 01/05/2014 01/05/2015 ASST s 1.000, OOD YU T(P.rpr.o.) bODLII, 1 aumR II/.ot.q Per . $ pSOCALT �B: AOODFMI `� f B X UMerRLA UA11 VOW X OCWR CLAurs#aACE EV01553734302 01105/2014 e1105/2015 mai OCCURRENCE 1 1,000,000 NN:0EP41E $ 1,000,000 PfD 1 XiRcTenQN4 NOlUIte COMPINSAT10H AND McF=VEYn a yin I St= OF OPERATIONS Sao NI A XAU04530T04514 02/01/2014 12/01/2015 X I TORY i ! I X -1V- EL EAci Acclaim -t 1,000,000ma EL. . DISEASE - EA E PLMEEi $ 1.000,000 EL DISEASE - POUCV U&$T $ 1,000,000 D FRolesslonal Liao Claims Made 000108361 RETRO DATE 1/1/14 OIRS/2014 01/25/2015 Es/AoO 2.000,000 81R 5,000 ceICNrnOH OF OPERATORS I LOCATIONS r MIMES p ewi AQORD 101, A4dt nd 11....M.0ah.+i., Saws Noma Is wrroN Certificate Holder is listed as additional insured regarding general Liability only for work performed by PubJ.io Resources ltgst Grp , Tno. , ATMA COIITRACT#1657-C CERTIFICATE HOLDER CANCELLATION CITYV-5 City of Vero Beach PO Box 1388 Vero Beach, FL 32961-1389 flIOULb ANY 0f THE ABOVE DISC**& POLICIES BE CANCIELUOD BEFORE THE EXPIRATION DAM THRRIOr, 00110E WLL 01 DELIVERED ACCORDANCE WITH VW POLICY PRoVNIONL. AUTlrorarenrt TATIVE „0/,10!4_ ACORD 25 (2010!06) • 1909.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo ars registered morias of ACORD 263 • iiiiiiiiiiikiiikiiiiii • .01$76 COMMERCIAL GENERAL UABIUTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement mod$ea hmdnsnco Provided under** foeowir>g: COMMERCtALG&1EftAL UABIUTY COVERAGE PART A. The following Is added to WHO IS AN INSURED (Section Nis Any person or organization then you agree Ina 8. "ccntmot or agreement requiring Insurance` to in- clude as in additional toured on this Caverage Part, hut only I'M respect to liability for "bodily In- jury', `property detn . or 'pal Injury` caused, M whole or In part, by your ergs or omis- sions or the acts or omissions of those acing on Your behalf: a. In the perronnanoe of your ongoing opera- tions; b, b ceanadion wen premises maned by or rented to you; or c. In connection %kith 'your wank' and included whin the •productacomllMed operations hamsd". Such person or orpantsaiion does not qualify as an addfdoaal Insured for 'bodily injury','property damage" or 'personal injury for which that per- son or organisation has asathmed I*4Iity in a con- tract or $jpssrne t. The insurance provided to such sidelong' insured Is tinted as biotic d. Tldt Maurance does not apply on any basis 10 say person or Organization for which Coven ape se en addglonel kdsured sped's *y is added by another endorsement to this Cover- spe Pah. e. This theorems does not apply to the render- ing of or Niers to render any 'professional services% t The Shills of Insurance afforded to the addi- tional Insured shall be the Snits *blob you spread to thal 'contract or agreement requir- ing equtrbng insurance to provide for that addlional Insured, or the lime shovm In the Declara- tions for this Coverage Pert, W i hev+er are less. This endorsement does not increase the limns of Insurance stated In the LIMITS 0 CO 03 el 00 ST C. INSURANCE (Section III) for this Coverage Part The following is added to Petrograph as of 4. Other. Insurance and . COMMERCIAL. .GENERAL LtABILPTY CONDrTIONS (Section M: However, If you specifically agree in a "oonbact or agreement requiring insurance" that the 'neuronal provided to an additional insured hider this Cov- erage Pert must appy on a pihnary basis, or a prinary and non-contributory basis. this irlisalenos is primary to other insurance that is avaSlbla to such ode itlodW Insured Mach cows. such addi- tional Insured as e named insured, and we will not share with the older insurance, provided that (1) Tiro "bodily IOW or "PruPerti damages' Tor which coverage is sword occurs; and (2) The "personal MOW y" for whish crovarpe is sought arises out of an offense committed; alter you have entered into that `contract or agreement miring ssurmnote. Out this Mout- enoe MIN Is excess over valid and oder** other insursnce, whether prknary, excess, contingent or on any other basis, that is wettable to the insured when the Insured le an eddiUonal hexed under any other insolence. The following M added to Paragraph It. Transfer Of Rights Of Recovery Agelnat Others To tie in COMMERCIAL GENERAL UABIUTY CON- DITIONS (Section IV): We valve any rights of recovery we may have against any parson or wp*nt aS m Masse of payments we make for 'bodily Injury", 'property damage' or "personal Injury#/ 'IMMO out of 'your waif' performed by you, or on your behalf, under a .'�'booted or agreement reeqqualn�g llnsurrLe:we' with that personor orp�li e on. e waive these rights only where you have agreed t0 do so as part of the 'contract or agreement requiring mauti anoe" *Wh such person or organization entered Into by you before, and in effect when, the "bodily 07007 TeTnwerrs Commies, Mo. Page 1 of 2 klol,d.a ins oepyrip ird stionor or hnau.rae SerMwm Mos, aro., wan M permission 264 COMMERCIAL GENERAL LIABILITY injury" or "property damage" ppm, or the 'per- sonal injury" offense is committed. D. The iolovdnp deCMion Is added to DEFINITIONS (Section "Contract or agreement requiring insurance' means that part of any contract or agreement un- der which you are requked to indude a person or organization as an additional insured on this Coy - Page 2 of 2 ov= Page2of2 erage Part. provided that the 'bodily kW ' and 41 "property damage' off, end the 'personal in- jury' is caused by an offense committed: a. After you have erlered Into that contract or agreement; b. Whle that part of the *antra* or agreement is in effect; and c. Before the end of the try pew: • 2007 Th. Travelers Coerce s. rno_ CG D3 11 09 07 Weasel* oopyrlphts0 musu W of kis ni s &«noes Mos. ins, Wei Ib permission r s • • 265 APPENDIX D PROFESSIONAL SERVICES AGREEMENT AND WORK ORDER BETWEEN THE CITY OF VERO BEACH AND POWERSERVICES, INC. FOR ELECTRIC UTILITY SYSTEM STUDY, FEBRUARY 9, 2015 266 CITY OF VERO BEACH, FLORIDA DEPARTMENT: ELECTRIC UTILITY PROJECT: ELECTRIC UTILITY SYSTEM STUDY WORK ORDER NO. 1 TO PROFESSIONAL ERVICES MASTER AGREEMENT DATED�� �n WETWEEN CITY OF VERO BEACH D POWERSERVICES INC. This Work Order is issued pursuant to and incorporates herein tip; mtain Professional Services Master Agreement ("Master Agreement") entered into on > y and between the City of Vero Beach, Florida ("City") and PowerServices, Inc. U ("Service Provider"). City requests and Service Provider agrees to provide the services specified herein pursuant to the terms and conditions herein set forth and in the Master Agreement. SECTION 1— PROJECT DESCRIPTION Professional Engineering Services for Electric Utility System Study. Study will address Power Supply Planning, Transmission and Distribution Planning, Resource Adequacy, and Other Optimization Strategies. SECTION 2 — SCOPE OF SERVICES Primary Focus: The primary focus of each study section and component is the identification of short term and long term cost optimization benefits which will lower the cost of delivering power to the Vero Beach retail customers. A. Generation Site Options (60 days after data responses) Objective: Determine the economical options associated with the existing power plant ply General: The City of Vero Beach owns and operates a 159 MW generation plant that is currently used to self -supply the city's peaking power requirements. Vero Beach has begun negotiations with OUC for the supply of all its supplemental power supply needs including the peaking power requirements. Upon execution of a peaking power supply contract, the city's generation plant will not be utilized and will likely be decommissioned. 1. Review power plant property. 2. Evaluate the long term viability of using the power plant property as a generating site (peaking site). 3. Evaluate the economic benefits of demolishing the power plant while maintaining the transmission station and substation. Page 1 of 10 C:\Users VkingDoctunents\Shannon \GSAs-Contracts-Vendor Forros\PowerServices\Vero Beach\Wait Order#1 Electric System Study.docx 267 4. Evaluate the feasibility to reconfigure the electric system to be able to remove the transmission and substation facilities as well as the power plant facilities. 5. Evaluate the economic benefits associated with NERC compliance opportunities 6. Evaluate the impacts, including revenue benefits, of property lease to third parties (including cellular companies). B. Transmission and Distribution Planning (210 days after data responses) Objective: Produce a 20 -year Long Range System Plan (Appendix -1 provides a flowchart of this process) General: The City of Vero Beach electric system is comprised of transmission, ten (10) substations, a shared transmission station, and approximately 60 distribution circuits. The city has current transmission maps (PDF) and distribution maps (ARC -FM) but lacks a model of both the transmission and distribution system. 1. Transmission system model to be provided to PowerServices, Inc. by the City of Vero Beach. PowerServices will create the distribution system model capable of engineering and economic analysis of the distribution system using the city's system maps. PowerServices will evaluate the performance of the transmission system using the City's model. 2. Develop new city system distribution model (using Windmil software) to recommend necessary short and long range system improvements in (4) five year time frames for a 20 year plan which will focus predominately, but not exclusively, on achieving increased operating economies and meeting the capacity needs of the city and its customers. Other proprietary PowerServices software will be used for certain system component power loss analysis. This will include but not be limited to: a. Conductor type and size b. Voltages c. Circuit designations, loading and balancing d. Line sectionalizing equipment problem identification e. Distribution Transformer loss reduction f. N minus 1 reliability assessment for substations and feeders g. Capacitor Optimization h. Line loss reduction i. Phase balancing 3. Analyze historical and forecasted transmission, substation and distribution circuit loadings. Identify expected spot load and general load growth areas_ 4. Evaluate system equipment sizing and condition, including maintenance records, test reports and testing programs 5. Evaluate condition of 69kV submarine cable 6. Evaluate City's energy conservation, load management, and demand side management plans. 7. Calculate system power losses and provide optimization plan. 8. Evaluate customer —owned generation and renewables impacts and growth areas. Page 2 of 10 C:\Usets\sking\Documents\Shannon\GSAs-Contracts-Vendor Funns\PowctSevices\Vero Beach\Work Order #1 Electric System Study.docx 268 C. Resource Adequacy (90 days after data responses) Objective: Identify areas for cost and process optimization 1. Calculate and compare local distribution cost (LDC) to comparably sized utilities (LDC is all cost excluding power supply). 2. Review current cost allocation methodologies and identify shared resources. 3. Review the City's staffing levels and resource adequacy for electric utility operations, including meter reading, service work, inventory levels, spare parts, engineering, design, construction and maintenance, AMI, OMS, CIS, GIS, SCADA, and other. 4. Review Electric Department non -reimbursed support services provided for other City functions. 5. Compare staffing levels and resources to other utilities, including those in Florida, of approximately the same size to include cities that outsource. 6. Perform a resource cost trending analysis. 7. Evaluate operations and maintenance expenses based on prudent utility practice. 8. Review on-call and overtime procedures. D. Other Optimization Strategies (120 days after data responses) 1. Smart Meter applications, including: a. Pre -pay options b. Load management c. Other Smart Meter economic programs 2. Meter test program/instrument transformer connections, multiplier verification 3. Meter replacement program to lower metering losses, theft, bad debt and create a power cost reduction program 4. Transformer Loading Optimization and power loss reduction program 5. Outage Management System ("OMS") economic analysis and benefit identification associated with a "Responder" system that interties with ARC -FM and supports a work management system. The value analysis will include but not be limited to reduction in lost revenue associated with outages, improved personnel utilization, and enhanced customer satisfaction. 6. Customer Communication 7. System Automation Opportunities 8. Evaluate cost benefit of joining FMEA and/or APPA, and other utility trade organizations. Page 3of10 C:lUscrs\sking\Documcnts\Shannon\GSAs-Contracts-Vendor Forms\PowerServices\Vero Beach\Wait Order tt I Electric System Study.docx 269 E. Pole Attachment Agreement and Rate Analysis (90 days after data responses) 1. Review the existing pole attachment agreements and recommend modernization including safety and revenue enhancements. This will include but not be limited to: a. Definitions b. Breaches c. Permitting and Fees d. Make Ready requirements and cost structure e. Unpermitted Attachments and fees f. Safety Violations and Fees g. Technical and Safety standards h. Inventory cycle and fees i. Vegetation management requirements and cost sharing j. City standards and requirement provisions beyond the NESC k. Pole space diagrams 1. Exhibits and Appendices m. All other customary provisions to protect the electric utility 2. Develop Rate Schedules and Exhibits for all fees including rental fees a. Follow prevailing Florida law and rules b. Incorporate modernized methodology for rental rate formulas c. Provide a comprehensive financial data requests d. Assist city in developing financial data for the rate calculations based on FERC uniform system of accounts method e. Incorporate all necessary and appropriate fees such as for unpermitted attachments SECTION 3 — SPECIFICATIONS See Section 2 —SCOPE OF SERVICES SECTION 4 — CITY RESPONSIBILITIES The following shall be responsibilities of City in addition to those provided in the Master Agreement: 1. City will arrange to provide access to Vero facilities during normal work hours, provided there is not an emergency condition. 2. City will brief the Engineer on any special work rules, safety rules, or other requirements in entering any Vero facilities. 3. City will comply with any reasonable data requests submitted by PowerServices that support the Scope of Work. 4. City will make its employees available at a mutually agreeable time for the purpose of answering questions related to the project and tasks. Page 4 of 10 C:\Users\sking\Documents\Shannon\GSM-Contracts-vendor Fortns\PowcrScrviccs\Vero Bcach\Work Order tt 1 Electric System Study.docx 270 5. City will appoint a project liaison to receive any project related communications from the Engineer during the course of the project. SECTION 5 — TIME OF PERFORMANCE Service Provider shall commence work within ten ( 10 ) business days after issuance of a written notice -to -proceed. The work shall be completed within 240 business days after issuance of the written notice -to -proceed, including delivery of plans, specifications and permit applications for City review. Deliverable date is dependent upon City providing all data requested to PowerServices within 30 days of request SECTION 6 — COMPENSATION City agrees to pay and Service Provider agrees to accept, for services rendered pursuant to the Scope of Services and Specifications identified in this Work Order and in accordance with the conditions set forth in this Work Order and the Master Agreement, a maximum fee under this Work Order of $175,000. This fee and the payment schedule for said fee is itemized as follows: To be invoiced monthly based on work completed. Account #: �!c i 9 9G 0.5". . 3 3 r o c SECTION 7 — OTHER/ADDITIONAL CONDITIONS PowerServices has indicated the number of days after receipt of data responses for the completion of each project task. We are able to deliver certain tasks in advance of completing the final work assignment. The schedule is based on all materials and data responses from the city being available within 30 days of the City's receipt of PowerServices data requests. SECTION 8 — RELATION TO MASTER AGREEMENT All conditions set forth in the Master Agreement shall control unless otherwise specified in this Work Order. SECTION 9 - DESIGNATED SERVICE PROVIDER REPRESENTATIVE. Service Provider designates the following listed individual as Service Provider's representative, to represent Service Provider in all matters pertaining to this Work Order: Name: Lloyd D. Shank Title: Senior Project Manager Street Address: 916 Brightwater Circle Mailing Address: Maitland, FL 32751 Telephone: W# 407-446-3307 E-mail: lshankOpowerservices.com Page 5of10 C:\Users\sking\Documents\Shannon\GSAs-Contracts-Vendor Forms\PowerServices\Vero Bcach\Work Order #1 Electric System Study.docx 271 SECTION 10 - DESIGNATED CITY REPRESENTATIVE. City designates the following listed individual as City's designated representative, to represent City in all matters pertaining to this Work Order. Name: Thomas W. Richards (Department Director or Designee) Title: Director of Electric Utilities Street Address: 100 17th Street Mailing Address: P.O. Box 1389 Vero Beach. Florida 32961-1389 Telephone: 772-978-5051 Facsimile: 772-978-5090 Page 6 of 10 C:\Users\sking\Documents\Shannan\GSAs-Contracts-Vendor Fonns\PowerServices\Vero Beach\Work Order #1 Electric System Study.docx 272 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the last date written below. PROFESSIONAL SERVICES PROVIDER: WITNESSED BY: STATE OF North Carolina COUNTY OF Wake Electric Utility System Study POWERSERVICES INC. (full legal name of service provider) BY: Sign:. Print; Title: Sign: Print: RoL. Willou Title: Vice President The foregoing instrument was acknowledged before me this 26th day of January , 2015, by Gregory L. Booth and Royce L. Willoughby , as President and Vice President of PowerServices, Inc. , who )4 is personally known to me; OR — presented ,4 jA as identification. `,0/1►N1p1jy pN c• KING'•, aY .y��Ot ;v • i , s) i g .. NOTARY PUBLIC Sign: C• Print: Shannon C. King Commission No.: N/A My Commission Expires: 3/28/2019 Page 7of10 CAUserskking\Documents\Shannon1GSAs-Contracts-Vendor Forms\PowerServices\Vero Beech\Work Order Al Electric System Study.docx 273 CITY OF VERO BEACH, FLORIDA: Electric Utility System Study ATTEST: CITY OF VER Sign: ` JD riY7,ri. Print: Tammy K. 'o It Title: City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER BY: Sign: Print: Title: "Pr and • ger ayor The foregoing instrument was acknowledged before me this /� day of cz'ebr,lnri , 2015, by ei'ch r�- as ffl a. y D e— , and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach, Florida. They are both known to me. NOTARY PUBLIC Sign: (\,X.-- • i'&<`- v Print: ti.ex/Z,' "6, State of Florida at Large (seal) Commission No.: My Commission Expires: Approved as to technical requirements: Approved as conforming to municipal policy: Dir for Electric Utility atefi Aroved as to form and legal fficiency: 0 i i /Z e/i. c City orney Date Approved as to budget sufficiency: F' a Director Page8of10 Date c- C:\UscrsWcing\Doc,uments\Shanno& 3SAs-Contracts-Vendor Forms\PowerServices\Vero Beach\Wort Order #1 Electric System Study.docx 274 Appendix — 1 Long -Range Plan Process Phase 1 - Distribution and Transmission 4-1 roll; 4 t " • Page 9 of 10 CAUsers \sking\Documents \ShannoMOSAs-Contracts-Vendor Forms\PowcrServiccs\Vero Beach \Work Order #1 Electric System Study.docx 275 Long -Range Plan Process (Continued) Phase II - Distribution and Transmission Phase III - Distribution and Transmission • . t a x w. e }r4• Establish System Irri o crnent'S to Carry ct Operational Problems Utilicinl, i sta lisle Plartrung C'riteria ' itot Page 10 of 10 C:\Users\sking\Documents\Shannon\GSAs-Contracts-Vendor Porms\PowerServices\Vero Beach\Work Order tl1 Electric System Study.docx 276 CITY OF VERO BEACH, FLORIDA PROFESSIONAL SERVICES MASTER AGREEMENT FOR ARCHITECTURE SERVICES; X PROFESSIONAL ENGINEERING SERVICES; LANDSCAPE ARCHITECTURE SERVICES; REGISTERED SURVEYING & MAPPING SERVICES (designate appropriate service[s]) THIS AGREEMENT, entered into this L Uday of iD _ .rl U CL2015, by and between the CITY OF VERO BEACH, FLORIDA, a municipal corporation organized tiler the laws of the State of Florida, hereinafter "CITY," and, PowerServices, Inc. hereinafter referred to as "PROFESSIONAL." WITNESSETH: For and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and PROFESSIONAL agree as follows: CITY hereby retains PROFESSIONAL to supply services to CITY as required and specified by CITY from time to time. PROFESSIONAL shall provide any and_all services encompassing and related to the PROFESSIONAL's professional discipline(s) as designated above and specified by CITY. This agreement, together with any attachments, which are incorporated herein, shall be referred to as the "MASTER AGREEMENT" and shall be implemented by and a part of separate supplemental agreements that shall be designated "WORK ORDERS." PROFESSIONAL agrees to supply the professional services to CITY for all phases of each project as specified and described in the individual WORK ORDERS and pursuant to this MASTER AGREEMENT. PROFESSIONAL shall serve as CITY's professional representative for the project set forth in each WORK ORDER and shall give professional advice to CITY during and related to performance of the services to be rendered under such WORK ORDER. SECTION I - SCOPE OF SERVICES AND PROFESSIONAL'S RESPONSIBILITIES A. GENERAL RESPONSIBILITIES. PROFESSIONAL agrees to provide professional services to CITY, including any and all services generally and typically encompassed by and a function of PROFESSIONAL's professional discipline(s) and as more fully specified in connection with the project described in the applicable WORK ORDER(S). PROFESSIONAL shall use, in performing any and all services for CITY, the level of care, skill, and due diligence expected of and recognized by a reasonable, prudent and experienced professional in PROFESSIONAL's professional discipline(s), as the case may be, as being sound professional practice under similar conditions and circumstances. If PROFESSIONAL fails to possess and use such care, skill and due diligence in providing any and all professional services, PROFESSIONAL shall be responsible to N:IBIDS 2014\190 -14 -JO RFQ Electric System Study\Mester Agreement Electric System Study RFP 190-14 Power Services.docx Page 1 of 16 277 CITY for any loss or damages resulting there from, except as monetarily limited by Section VII. B. SPECIFIC RESPONSIBILITIES. 1. The specific services to be provided by PROFESSIONAL shall be defined in each individual WORK ORDER prepared and approved by CITY. Each WORK ORDER shall include the project description, the scope of services to be provided by PROFESSIONAL, CITY's responsibilities, the time of performance, and the method and amount of compensation. WORK ORDERS shall be dated and sequentially numbered, and approved by CITY prior to a notice -to -proceed order being issued. Each WORK ORDER shall be deemed to incorporate and be subject to this MASTER AGREEMENT. 2. PROFESSIONAL's work shall commence only upon written authorization in the form of a notice -to -proceed order issued by CITY separate from this MASTER AGREEMENT and any WORK ORDER. PROFESSIONAL shall endeavor not to duplicate any previous work done on a project. After issuance of a WORK ORDER and written authorization to proceed, PROFESSIONAL shall consult with CITY to clarify and define CITY's requirements for the project and review all available data. 3. PROFESSIONAL shall attend conferences with CITY's representatives upon request. 4. PROFESSIONAL shall obtain all permits required for performance of the work necessary to complete the project described in the applicable WORK ORDER. 5. In order to accomplish the work described under this MASTER AGREEMENT and each WORK ORDER within the time frames and conditions set forth in this MASTER AGREEMENT and such WORK ORDERS, PROFESSIONAL agrees to observe the following requirements: (a) PROFESSIONAL shall maintain an adequate and competent staff of professionally qualified persons, including, but not limited to, licensed architects, licensed professional engineers, registered surveyors, draftsmen, qualified biologists, computer technicians, and other employees, as each project may require, throughout the performance of this MASTER AGREEMENT and each WORK ORDER so as to achieve acceptable and timely completion of each WORK ORDER and project. (b) PROFESSIONAL shall comply with all federal, state, and local laws applicable to each project. PROFESSIONAL will design each project and perform PROFESSIONAL's services in such a manner as to be in conformance with all applicable federal, state and local laws, including, but not limited to, the Florida Department of Transportation's Manual on Uniform Minimum Standards for the Design, Construction, and Maintenance of Streets and Highways (Green Rook), latest edition, the St. Johns River Water Management District's rules, and all other applicable requirements. The sealing, if required, of all plans, reports and documents prepared by PROFESSIONAL shall be governed by the N:\BIDS 2014\190 -14 -JO RFQ Electric System Study\Master Agreement Electric System Study RFP 190-14 Power Services.docx Page 2 of 16 278 laws and regulations of the State of Florida and the requirements of all applicable regulatory agencies. (c) PROFESSIONAL shall prepare all sketches, drawings and completed application forms and documents needed for CITY's applications for any and all required project permits, including, but not limited to those from all federal, state, and local governments and agencies. (d) Upon request of CITY, PROFESSIONAL shall provide assistance to CITY in preparation of all project grant applications, documents and drawings, as well as assistance in grant administration and compliance. (e) PROFESSIONAL shall cooperate fully with CITY in order that all phases of the work may be properly scheduled and coordinated. CITY's representatives shall have the right to inspect the work of PROFESSIONAL at any time. (f) PROFESSIONAL shall send a complete preliminary set of construction plans to all city, state and federal regulatory agencies, from which a permit or other approval is required, prior to final approval of the project design by CITY. PROFESSIONAL will coordinate the project design with all such agencies. (g) PROFESSIONAL shall contact all utility companies having installations in the vicinity of the proposed work and consider relocation of utilities, if necessary. PROFESSIONAL will provide CITY with necessary information relative to required utility adjustments, relocations and installations and will show all utilities on the final design plans. (h) PROFESSIONAL shall report the status of each WORK ORDER project to CITY upon request and hold all drawings, calculations and related work open to the inspection of CITY's representatives at any time, upon reasonable request. (i) PROFESSIONAL shall, upon request of CITY, make available on electronic digital media the documents, specifications, sketches, drawings and other data produced by PROFESSIONAL under this MASTER AGREEMENT and any WORK ORDER. PROFESSIONAL may charge only the actual cost of such electronic digital media copies. 6. PROFESSIONAL shall furnish additional copies of the drawings, specifications and contract documents as required by CITY for prospective bidders, materials suppliers, federal, state and local agencies from whom approval of the project must be obtained, and other interested parties, but may charge only for the actual cost of such copies. Upon award of any contract arising out of PROFESSIONAL's work, PROFESSIONAL shall furnish to CITY the number of sets requested by CITY of the project drawings, specifications and reports produced by PROFESSIONAL. The cost of these sets of documents is not included in the basic compensation paid to PROFESSIONAL, but will be paid as a direct expense pursuant to Section VI of this MASTER AGREEMENT. All original documents, including, but not limited to, survey notes, field books, N:IBIDS 20141190-14JO RFQ Electric System Study.MasterAgreement Electric System Study RFP 190-14 Power Services.docx Page 3of16 279 tracings, and the like, including all items furnished to PROFESSIONAL by CITY pursuant to this MASTER AGREEMENT or any WORK ORDER, are and shall remain the property of CITY, and shall be delivered to CITY upon completion of the work or at CITY's request, whichever occurs first. 7. All drawings prepared by PROFESSIONAL shall be of sufficient detail to permit the actual location of the proposed improvements on the ground. Property surveys, property plats, and legal descriptions for easements and real property to be acquired shall also be furnished to CITY by PROFESSIONAL. Negotiation for all real property rights shall be accomplished by CITY, unless CITY specifically requests PROFESSIONAL to perform such services in a WORK ORDER. In such event, PROFESSIONAL shall be compensated for the additional services as provided in such WORK ORDER. 8. Any additional work for a project's permitting required by a regulatory agency pursuant to regulations established after the date of the applicable WORK ORDER shall be an additional service. CITY shall compensate PROFESSIONAL for such additional work in accordance with the provisions herein and the applicable WORK ORDER and in accordance with the fee schedule provided in such WORK ORDER or the WORK ORDER authorizing such additional work. PROFESSIONAL shall obtain approval from CITY prior to commencement of any such additional work. 9. If CITY proposes to construct the improvements in a phased manner, PROFESSIONAL shall prepare detailed master plan drawings as required by the applicable WORK ORDER. 10. Compensation to PROFESSIONAL for services rendered shall be in accordance with each WORK ORDER, mutually agreed upon by PROFESSIONAL and CITY. Unless otherwise stated in this MASTER AGREEMENT or a WORK ORDER hereunder, all services provided for in this MASTER AGREEMENT or such WORK ORDER are included within the scope of basic compensation provided for in each particular WORK ORDER C. SPECIAL CONSULTANTS. PROFESSIONAL agrees to assist and advise CITY, in determination of the need for and selection of any special consultants for the project covered under each WORK ORDER. D. SUBCONTRACTORS. Before the employment of any subcontractor by PROFESSIONAL in performance of the work under this MASTER AGREEMENT or any WORK ORDER, PROFESSIONAL shall obtain approval of such subcontractor from CITY, which approval shall not be unreasonably withhold. Any such subcontractor employed by PROFESSIONAL shall be subject to and comply with all applicable provisions of this MASTER AGREEMENT and the applicable WORK ORDERs hereunder and PROFESSIONAL shall be responsible for insuring such compliance. N:\BIDS 20141190 -14 -JO RFQ Electric System Study\MasterAgreement Electric System Study RFP 190-14 Power Services.docx Page 4 of I6 280 E. DESIGNATED PROFESSIONAL REPRESENTATIVE. I. REPRESENTATIVE AS TO MASTER AGREEMENT. PROFESSIONAL designates the following listed individual as PROFESSIONAL's representative, to represent PROFESSIONAL in all matters pertaining to this MASTER AGREEMENT: Name: Lloyd D. Shank Title: Senior Project Manager Street Address: 916 Brightwater Circle Mailing Address: Maitland, FL 32751 Telephone: W# 407-446-3307 E-mail: Ishank@powerservices.com 2. REPRESENTATIVE AS TO WORK ORDERS. PROFESSIONAL shall designatc in each WORK ORDER its representative for all matters pertaining to the performance of the work under such WORK ORDER together with such representative's contact information. 3. Designated representatives and contact information may be changed by the giving of written notice as provided herein. SECTION II - CITY RESPONSIBILITIES A. DATA TO BE FURNISHED. CITY agrees to provitle to PROFESSIONAL the following documents, material, and data as required in connection with the work to be performed under this MASTER AGREEMENT and each WORK ORDER hereunder: 1. A copy of all available preliminary data or reports in the possession of CITY that are pertinent to the project, such as survey notes, existing location surveys, topographic surveys, and related documents. 2. A copy of all available drawings, right-of-way maps, and other documents in possession of CITY that are pertinent to the project. B. OTHER CITY RESPONSIBILITIES. CITY shall be responsible for: 1. Acquiring all rights-of-way, easements and other rights in real property as necessary to complete the project described in the applicable WORK ORDER. 2. Making provisions for PROFESSIONAL to enter upon public or private property as required for PROFESSIONAL to perform PROFESSIONAL'S services. 3. Promptly executing all permit applications prepared and coordinated by PROFESSIONAL needed to expedite the acquisition of any local, state or federal permits made necessary by the project described in the applicable WORK ORDER. 4. Those additional CITY responsibilities as set forth in the terms of the applicable WORK ORDER issued pursuant to this MASTER AGREEMENT. N:SBIDS 2014\190-14-J0 RFQ Electric System Study1Master Agreement Electric System Study RFP 190-14 Power Services.docx Page 5 of 16 281 C. DESIGNATED CITY REPRESENTATIVE. 1. REPRESENTATIVE AS TO MASTER AGREEMENT. CITY designates the following listed individual as CITY's designated representative, to represent CITY in all matters pertaining to this MASTER AGREEMENT. Name: Thomas W. Richards Title: Director of Electric Utilities Street Address: 100 17th Street Mailing Address: P.O. Box 1389 Vero Beach, Florida 32961-1389 Telephone: (772) 978-5051 Facsimile: (772) 978-5090 Email: trichards@covb.org 2. REPRESENTATIVE AS TO WORK ORDERS. CITY shall designate in each WORK ORDER its representative for all matters pertaining to performance of the work under such WORK ORDER together with such representative's address, telephone number and facsimile number. 3. Designated representatives and contact information may be changed by the giving of written notice as provided herein. 4. Designation of CITY representatives notwithstanding, it is understood that final authority for CITY on all matters rests solely with the City Council and PROFESSIONAL acknowledges this fact. SECTION III - CHANGES AND ADDITIONAL WORK Any changes in the work or additional work necessitated by unforeseen conditions, or by changes to a projects plans or scope of the project due to requests of CITY after approval and acceptance of the plans and scope by CITY, shall be subject of and may commence only upon approval and issuance by CITY of an additional WORK ORDER and notice -to -proceed. Such change in the work or additional work shall be performed by PROFESSIONAL in accordance with the fee schedule provided in such WORK ORDER SECTION IV - DURATION OF AGREEMENT A. MASTER AGREEMENT. This MASTER AGREEMENT shall remain in full force and effect until completion of all project phases of "RFP 190-14/J0 Electric Utility System Study" as specified by CITY, unless otherwise terminated pursuant to the terms of this MASTER AGREEMENT. B. WORK ORDER. Each WORK ORDER shall specify the time frames agreed to by CITY and SERVICES PROVIDER for services to be rendered under the WORK ORDER. N:\BIDS 2014 \190-1440 RFQ Electric System Study\MasterAgreement Electric System Study RFP 190-14 Power Services.docx Page 6of16 282 C. ORDERLY AND CONTINUOUS PROGRESS. The provisions of this MASTER AGREEMENT and each WORK ORDER, unless stated otherwise, anticipate the orderly and continuous progress of each project. SECTION V - TERMINATION A. TERMINATION BY EITHER PARTY WITHOUT CAUSE. Either party shall have the right at any time to terminate this MASTER AGREEMENT in its entirety without cause, or to terminate any WORK ORDER without cause, provided that thirty (30) days prior written notice of the intent to terminate is delivered by certified mail or personal delivery to the designated representative of the other party. In the event that a WORK ORDER is being terminated, the terminating party shall identify the specific WORK ORDER being terminated and the specific WORK ORDER(S) to be continued to completion pursuant to the provisions of this MASTER AGREEMENT. This MASTER AGREEMENT shall remain in full force and effect as to all authorized WORK ORDERS that are to be continued to completion. B. DELIVERY QF DOCUMENTS. Upon termination of this MASTER AGREEMENT or any WORK ORDER by either party, PROFESSIONAL shall, within ten (10) days, or any extensions thereto as may be mutually agreed to by the parties, deliver or otherwise make available to CITY all documents, materials, files and electronic digital media, including, but not limited to, reports, drawings, plans, specifications, and other data and documents, that have been obtained, prepared or produced by PROFESSIONAL in performing services under this MASTER AGREEMENT and the pertinent WORK ORDER, regardless of whether the work on such documents and materials has been completed or is in progress. C. PAYMENT IN THE EVENT OF TERMINATION. In the event this MASTER AGREEMENT or any WORK ORDER is terminated by either party prior to final completion, PROFESSIONAL shall receive payment from CITY for the unpaid portion, if any, of PROFESSIONAL's services actually provided under this MASTER AGREEMENT and the applicable WORK ORDER to the date of termination, provided that PROFESSIONAL is not in default of any provision of this MASTER AGREEMENT or the applicable WORK ORDER. SECTION VI - PAYMENTS TO PROFESSIONAL CITY agrees to pay and PROFESSIONAL agrees to accept, for services rendered pursuant to this MASTER AGREEMENT and any WORK ORDER hereunder, fees in accordance with the following conditions: A. PROFESSIONAL SERVICES FEE. 1. The basic compensation of PROFESSIONAL shall be mutually agreed upon by PROFESSIONAL and CITY prior to issuance of each WORK ORDER and shall be included in the WORK ORDER for review and approval by CITY. 2. PROFESSIONAL acknowledges that CITY is exempt from sales taxes and CITY shall not be invoiced for same. N:\BIDS 2014\190 -14 -JO RFQ Electric System Study\Master Agreement Electric System Study RFP 190-14 Power Services.docx Page 7of16 283 3. Each WORK ORDER may be divided into units of deliverables or phases of work, including, but not limited to, reports, findings, drawings, drafts, or other work product, that must be received and accepted in writing by CITY's designated representative prior to approval of payment for such work. 4. Fees and other charges for services shall be invoiced monthly or as otherwise provided in the applicable WORK ORDER. PROFESSIONAL shall submit duly certified and proper invoices for approval, in triplicate, to CITY's representative designated in the applicable WORK ORDER. Such invoices shall be reviewed by CITY and, if approved, shall be submitted to the CITY's chief disbursement officer for payment together with certification that the services invoiced have been rendered and that the services are in conformity with this MASTER AGREEMENT and the applicable WORK ORDER In any case in which an improper invoice is submitted by PROFESSIONAL, CITY shall within ten (10) business days after such improper invoice is received by the designated CITY representative, notify PROFESSIONAL that the invoice is improper and indicate what corrective action on the part of PROFESSIONAL is needed to make the invoice proper. 5. The payment due date for invoices shall be forty-five (45) days after a certified and proper invoice is received by the CITY's chief disbursement officer after approval by the appropriate CITY representative, or if required, approval by City Council. However, if CITY notifies PROFESSIONAL by such due date that CITY disputes the invoice or any portion thereof, the payment due date for such disputed invoice or portion shall be as provided herein for resolution of invoice payment disputes. Payment of any undisputed invoice or undisputed portion of an invoice not made by CITY to PROFESSIONAL by the due date shall begin to bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. PROFESSIONAL must invoice CITY for any interest accrued in order to receive the interest payment. 6. In the event a dispute occurs between CITY and PROFESSIONAL concerning payment of an invoice, such disagreement shall be resolved by the Director of CITY's Department having responsibility for the applicable WORK ORDER. The Department Director shall proceed, not later than forty-five (45) days after the date on which a proper invoice was received by CITY, to resolve the dispute by good faith consultation with PROFESSIONAL and CITY's representative(s) and such proceeding shall be concluded by final decision not later than sixty (60) days after the date on which a proper invoice was received by CITY. CITY shall pay PROFESSIONAL the amount agreed between the parties as proper for the invoice or, if agreement cannot be reached, the amount determined by the Director to be proper for the invoice. Such payment shall be Tess any amounts previously paid by CITY with respect to such invoice. In the event that PROFESSIONAL disputes the decision of the Director, PROFESSIONAL shall appeal such decision as provided in the Code of Ordinances of the City of Vero Beach or such dispute shall be deemed waived and the Director's decision shall be final. 7. If an invoice payment dispute is resolved in favor of CITY, then interest charges shall begin to accrue fifteen (15) days after CITY's final decision. If such dispute is resolved in favor of PROFESSIONAL, then interest shall begin to accrue as of N:IBIDS 2014\190 -14 -JO RFQ Electric System Study1Mtaster Agreement Electric System Study RFP 190-14 Power Services.docx Page 8 of 16 284 the original date the payment became due, which due date shall be calculated as forty-five (45) days from the appropriate date provided in Section 218.73, Florida Statutes, as it may be amended. 8. In the event it is determined that CITY has overpaid an invoice, PROFESSIONAL shall refund to CITY the amount of such overpayment within forty-five (45) days of such determination. If the overpayment is not refunded by PROFESSIONAL within that time, such overpayment shall begin to bear interest from thirty (30) days after such refund due date at the rate of one percent (1%) per month on the unpaid balance. 9. The due date and treatment of invoices for construction services, as defined in Section 218.72, Florida Statutes, if applicable, shall be as provided in Section 218.735, Florida Statutes, as those sections may be amended. 10. In order for both parties to close their books and records, PROFESSIONAL shall clearly state "Final Invoice" on PROFESSIONAL's final billing to CITY for each WORK ORDER, as applicable. PROFESSIONAL shall submit with such Final Invoice certification that all services under the applicable WORK ORDER have been performed and that all charges and costs have been invoiced to CITY, together with a list of all subcontractors and suppliers providing goods or services under the applicable WORK ORDER and certification that all such subcontractors and suppliers have been fully paid. No Final Invoice shall be approved for payment until PROFESSIONAL has fully complied with this provision. B. DIRECT PROJECT EXPENSES. "DIRECT PROJECT EXPENSES" means actual expenses incurred in connection with a Project as described in paragraphs 1 through 4 below. CITY agrees to pay DIRECT PROJECT EXPENSES as follows: 1. Soil Survey. CITY shall make direct payment to the approved soil laboratory for soil survey work approved by CITY in writing, that is necessary in furtherance of the project. 2. Printing and Reproduction. CITY shall make direct payment to PROFESSIONAL for the properly documented cost of printing and reproduction. The maximum cost allowed per blueprint shall be $1.00 per sheet and for each mylar or sepia shall be $4.00 per sheet, unless otherwise specified in the WORK ORDER. 3. Per Diem and Travel Expenses. CITY shall reimburse PROFESSIONAL the actual cost of all properly documented travel related expenses in accordance with rates and rules established by Chapter 112, Florida Statutes, including, but not limited to, meals, lodging, and transportation necessary for project related work accomplished away from PROFESSIONAL's office. 4. Recording, Permit Fees, Other Expenses. CITY shall reimburse SERVICE PROVIDER for the actual cost of properly documented recording, permit fees N:\BIDS 2014\190-14J0 RFQ Electric System Study\Master Agreement Electric System Study RFP 190-14 Power Services.docx Page 9 of 16 285 and other project expenses that are not included within PROFESSIONAL's basic compensation as provided in the applicable WORK ORDER. C. TRUTH -IN -NEGOTIATION CERTIFICATION. In accordance with Florida Statutes Section 287.055(5Xa), for any lump -sum or cost -plus -a -fixed -fee professional service authorized by a WORK ORDER issued pursuant to this MASTER AGREEMENT in which the fee is over the threshold amount provided in Florida Statutes Section 287.017 for Category Four, as it may be amended, PROFESSIONAL hereby certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of said WORK ORDER. The original contract price set forth in said WORK ORDER and any additions thereto will be adjusted to exclude any significant sums by which CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the pertinent WORK ORDER. SECTION VII - INSURANCE AND INDEMNIFICATION A. General Before starting and until acceptance of the work by the City, the Contractor shall procure and maintain insurance of the types and to the limits specified below. The contractor shall require each of his subcontractors to procure and maintain, until completion of that subcontractor's work, insurance of types and to the limits specified below. It shall be the responsibility of the contractor to ensure that all his subcontractors comply with all of the insurance requirements contained herein relating to such subcontractors. The City reserves the right to request proof of subcontractor's insurance from the contractor. B. Coverage Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Workers' Compensation $500,000 each accident S500,000 bodily injury by disease each employee S500,000 bodily injury by disease policy limit Workers' Compensation insurance must meet mandatory statutory limits for employers with three or more employees. 2. Commercial General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and must include: $1,000,000 per occurrence/$2,000,000 aggregate Products and Completed Operations - Contractors shall maintain in force until at least three years after completion of alt services required under the contract, coverage for products and completed operations, including Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. N:\BIDS 20141190 -14 -JO RFQ Electric System StudyWaster Agreement Electric System Study RFP 190-14 Power Sery ces.docx Page 10 of 16 286 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: $1,000,000 /combined single limit (CSL) 4. Umbrella - 51,000,000 per occurrence. Otherwise, $2,000,000 per occurrence, if the contract exceeds 180 days or 5300,000. 5. Professional Liability. SERVICE PROVIDER shall maintain in force, during the duration of this AGREEMENT and acceptance by CITY of the work performed by SERVICE PROVIDER, professional liability insurance providing coverage for all claims arising out of SERVICE PROVIDER's performance of the professional services under this AGREEMENT. 52,000,000 per occurrence 6. Certificates of Insurance - Certificates of all insurance required from the contractor shall be filed with the City and shall be subject to its approval for adequacy and protection. Certificates from the insurance carrier, stating the types of coverage provided, limits of liability and expiration dates, shall be filed with the City before operations are commenced. The City of Vero Beach shall be identified as an additional insured for general and automobile liability coverage's required above. A copy of the additional insured endorsement must be attached and contain language no less restrictive than ISO Form CG20100704 or ISO Form CG20330704. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this contract and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this contract. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. 7. Notice of Cancellation and/or Restriction - Each policy must be endorsed to provide the City with a minimum of thirty (30) days notice of cancellation and/or restriction, ten days (10) days notification for non-payment. D. INDEMNIFICATION. PROFESSIONAL will indemnify and hold harmless CITY, its departments, elected officials, officers, employees and agents, from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees and costs through trial and appeal, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of PROFESSIONAL and other persons employed or utilized by PROFESSIONAL in the performance of this MASTER AGREEMENT and any WORK ORDER hereunder or arising out of the violation of any law or regulation by PROFESSIONAL or persons employed or utilized by PROFESSIONAL. SECTION VIII - ACCESS TO RECORDS/AUDIT RIGHTS PROFESSIONAL shall maintain books, records, documents, time and costs accounts and other evidence directly related to its performance of services under this MASTER AGREEMENT and WORK ORDERS hereunder. All such time records and cost data shall be maintained in accordance with generally -accepted accounting principles. PROFESSIONAL shall also maintain the financial information and data necessary to determine overhead rates in accordance with the requirements of federal and state regulatory agencies and this MASTER AGREEMENT. CITY's representatives shall have access upon request to such books, records, documents, time and costs accounts and other evidence for inspection, auditing and copying. Any such inspection, auditing and copying shall be at CITY's expense. N:IBIDS 20141190 -14 -JO RFQ Electric System Study1Mester Agreement Electric System Study RFP 190-14 Power Sendces.docx Page 11 of 16 287 PROFESSIONAL shall maintain and allow access to the records required under this section for a period of three (3) years after completion of the services provided under this MASTER AGREEMENT and date of final payment for such services, or date of termination of this MASTER AGREEMENT as provided herein. For each project and WORK ORDER hereunder, PROFESSIONAL will maintain separate accounting records that will include, but not be limited to, timecards, job cost records, invoices, and all other such data necessary to identify project and WORK ORDER costs. Said records will be made available to CITY's representatives for inspection, auditing and copying at PROFESSIONAL's office upon request and at CITY's expense. PROFESSIONAL shall allow public access to all documents, papers, letters, and other material that is subject to the provisions of Chapter 119, Florida Statutes, and made or received by PROFESSIONAL in conjunction with this MASTER AGREEMENT or any WORK ORDER hereunder. PROFESSIONAL shall immediately inform CITY of any and all public records requests made to PROFESSIONAL and coordinate with CITY the PROFESSIONAL's compliance with such request. SECTION IX - OWNERSHIP AND REUSE OF DOCUMENTS A. OWNERSHIP OF DOCUMENTS. It is understood and agreed by the parties hereto that all documents and materials, including, but not limited to, reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and any other data used, developed or produced by PROFESSIONAL or at PROFESSIONAL's direction for the purpose of this MASTER AGREEMENT and any WORK ORDER hereunder, shall become the property of CITY and shall be made available by PROFESSIONAL at any time upon request of CITY's representatives. When all work contemplated under this MASTER AGREEMENT or any WORK ORDER is complete, all of such documents shall be delivered to CITY's designated representative. B. REUSE OR PUBLICATION OF DOCUMENTS. All documents, including, but not limited to, drawings and specifications, prepared or produced by PROFESSIONAL for a specific project pursuant to this MASTER AGREEMENT and any WORK ORDER, are related exclusively to the services described in this MASTER AGREEMENT and the WORK ORDER(S) for such project. Unless otherwise provided in a WORK ORDER or other supplemental agreement, they are not intended or represented to be suitable for reuse by CITY or others on extensions of the subject project or on any other project and any such utilization or adaptation shall entitle PROFESSIONAL to additional compensation at a rate to be agreed upon by CITY and PROFESSIONAL. PROFESSIONAL shall not be liable for any reuse of the documents unless such reuse is intended by the WORK ORDER or the reuse is agreed to by the parties hereto. PROFESSIONAL shall not be liable for any modifications made to the documents by other than PROFESSIONAL or anyone directly or indirectly employed by PROFESSIONAL. Any documents provided to, prepared or assembled by PROFESSIONAL and PROFESSIONAL's subcontractors under this MASTER AGREEMENT and any WORK ORDER hereunder shall be kept solely as property of CITY and shall not be made available to any individual or organization without the prior written approval of CITY. PROFESSIONAL shall not publish any information or documents concerning a project under this MASTER AGREEMENT or any WORK ORDER without the written consent of CITY. SECTION X - NOTICES N:\BIDS 20141190 -14 -JO RFI] Electric System Study\Master Agreement Electric System Study RFP 190-14 Power Services.docx Page 12 of 16 288 All notices, certificates, reports, requests, demands, materials and any other communications hereunder or pursuant to any WORK ORDER shall be in writing and deemed to have been duly given (i) upon delivery (personally, by courier service such as FedEx or by other messenger) to the address of the appropriate parry's designated representative as set forth in the applicable WORK ORDER; or (ii) upon receipt as evidenced by the appropriate form of the United States Postal Service after mailing by United States registered or certified mail, return receipt requested, postage prepaid to such address; or (iii) upon mailing if such registered or certified mail is refused by the recipient or returned unclaimed to the sender. SECTION XI - PROHIBITION AGAINST CONTINGENT FEES In accordance with Section 287.055(6Xa), Florida Statutes, PROFESSIONAL warrants that PROFESSIONAL has not employed or retained any company or person, other than a bona fide employee working solely for PROFESSIONAL, to solicit or secure this MASTER AGREEMENT or any WORK ORDER hereunder and that PROFESSIONAL has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for PROFESSIONAL, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this MASTER AGREEMENT or any WORK ORDER hereunder. For breach or violation of this provision, CITY shall have the right to terminate this MASTER AGREEMENT and any WORK ORDER hereunder without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. SECTION XII - REMEDIES Any remedies provided in this MASTER AGREEMENT or any WORK ORDER shall be deemed cumulative and additional and are not in lieu of or exclusive of each other or of any other rights or remedies any party hereto otherwise has by law, equity or statute. In any action arising under this MASTER AGREEMENT or any WORK ORDER issued hereunder, the prevailing party is entitled to recover a reasonable fee for the services of the prevailing party's attorney through trial and appeal, in an amount to be determined by the court, together with the prevailing party's costs of the action. In the event each party shall partially prevail in such action, costs and reasonable attorneys' fees shall be equitably apportioned between the parties by the court. SECTION XIII — RIGHT OF DECISION PROFESSIONAL shall perform all project services and work to the satisfaction of the Director of C1TY's Department having authority over the prosecution of the work contemplated by the WORK ORDER, which Director shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this MASTER AGREEMENT and the subject WORK ORDER and according to the prosecution and fulfillment of the services and work there under, and the character, quality, amount and value of such services and work. Such Director's decision upon all claims, questions and disputes shall be final, conclusive and binding upon the parties. In the event that PROFESSIONAL disputes a decision of such Director upon any matter, PROFESSIONAL shall appeal the disputed decision in the manner provided in the Code of Ordinances of the City of Vero Beach or such dispute shall be deemed waived. SECTION XIV - ENTIRE AGREEMENT, VALIDITY, APPLICABLE LAW, VENUE This MASTER AGREEMENT, together with all WORK ORDERS subsequently issued hereunder by CITY, shall embody the entire agreement and understanding between the parties hereto, and N:IBIDS 20141190 -14 -JO RFQ Electric System Study\Master Agreement Electric System Study RFP 190-14 Power Serv$ces.docx Page 13 of 16 289 there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged into this MASTER AGREEMENT and such WORK ORDERS. The parties hereto and their respective legal counsel participated, or the parties hereto were given the opportunity to have their legal counsel participate in the preparation of this MASTER AGREEMENT and each WORK ORDER hereunder; therefore, this MASTER AGREEMENT and each WORK ORDER issued hereunder shall be construed neither against nor in favor of any party hereto, but rather in accordance with the fair meaning thereof. Neither this MASTER AGREEMENT nor any WORK ORDER issued hereunder may be amended, modified, changed, or supplemented in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, modification, change or supplement is sought. The failure of any party at any time or times to require performance of any provision of this MASTER AGREEMENT or any WORK ORDER hereunder shall in no manner affect such party's right to enforce the same. A party may waive a provision of this MASTER AGREEMENT or any WORK ORDER hereunder only in a signed writing specifically stating what is waived. The waiver by any party of any breach of any provision of this MASTER AGREEMENT or any WORK ORDER hereunder shall not be construed to be a waiver by any such party of any succeeding breach of that provision or any other provision. The invalidity, illegality or unenforceability of any provision or provisions of this MASTER AGREEMENT or any WORK ORDER hereunder will not affect any other provision of this MASTER AGREEMENT or such WORK ORDER, which shall remain in full force and effect, nor will the invalidity, illegality or unenforceability of a portion of any provision of this MASTER AGREEMENT or any related WORK ORDER affect the balance of such provision. In the event that any one or more of the provisions contained in this MASTER AGREEMENT or any WORK ORDER hereunder or portion thereof shall for any reason be finally held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, this MASTER AGREEMENT and any such WORK ORDER shall be reformed, construed and enforced as if such invalid, illegal or unenforceable provision had never been contained therein. The title of this MASTER AGREEMENT and any WORK ORDER hereunder and the section and paragraph headings contained in this MASTER AGREEMENT and such WORK ORDER are not substantive parts of this MASTER AGREEMENT or such WORK ORDER and shall not expand, limit or restrict this MASTER AGREEMENT or such WORK ORDER in any way. This MASTER AGREEMENT and any WORK ORDER hereunder, regardless of where executed, shall be governed by and construed according to Florida law. The parties agree that venue for resolution of any dispute arising hereunder shall only be in Indian River County, Florida. This MASTER AGREEMENT and any WORK ORDER hereunder may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. N:\BIDS 20141190 -14 -JO RFQ Electric System Study\Master Agreement Electric System Study RFP 190-14 Power Services.docx Page 14 of 16 290 IN WITNESS WHEREOF, the parties hereto have executed this MASTER AGREEMENT as of the date first written above. PROFESSIONAL SERVICES PROVIDER: Electric Utility System Study WITNESSED BY: Sign: Print: Sign: Print: 6a Ral A. Clark G. Buckner. J STATE OF North Carolina COUNTY OF Wake The foregoing January POWERSERVICES INC. (fun legal name of PROFESSIONAL) BY: Sign: Print: Title: Sign: Print: Title: Vice President instrument was acknowledged before me this 13th day of , 2015, by Gregory L. Booth and R.L. Willoughby , as President/Vice Presidentof PowerServices. Inc. N/A , who X is personally known to me; OR N/A presented as identification; and who did not take an oath. NOTARY PUBLIC Sign: C . Print: Shannon C. King State-ofFlorida-at-Earge tee1j- Commission No.: N/A My Commission Expires: 3/28/2019 kt-43 N:\BIDS 2014\190 -14 -JO RFQ Electric System Study\Master Agreement Electric System Study RFP 190-14 Power Services.docx Page 15 of 16 291 CITY OF VERO BEACH, FLORIDA: Electric Utility System Study ATTEST: Sign: l (Z'Y7U h . Print: Tammy K\Vdpk Title: City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VE BY: Si Pri . • 'chard Winger Title: Mayor The foregoing instrument was acknowledged before me this //6 day of , 2015, by (k,• () .g , as Mayor, and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach, Florida. They are both known to me and did not take an oath. • SHERRIPHKA - MY COMMISSION 1 EE 222088 EXPIRES: December 3.2018 Bonded tare Wily Pubic und..dw+ gs Approved as to form and legal sufficiency: Approved as to technical requirements: ector of Electric Utilityate D NOTARY PUBLIC Sign: Print: a!, {iet1 . fh ,'ice., State of Florida at Large (seal) Commission No.: My Commission Expires: Approved as conforming to municipal N:IBIDS 20141190 -14 -JO RFQ Electric System Study\MasterAgreement Electric System Study RFP 190-14 Power Servlces.docx Page 16 of 16 292 APPENDIX E MEMORANDUM AND INFORMATION PACKET PRESENTED TO CITY COUNCIL ON FEBRUARY 17, 2015, RELATING TO SEEKING LOWER ELECTRIC UTILITY POWER SUPPLY COSTS THROUGH DISCUSSIONS WITH ORLANDO UTILITIES COMMISSION 293 MEMORANDUM TO: Mayor and Council Vero Beach Utilities Commission FROM: James R. O'Connor, City Manager Thomas W. Richards, P.E., Director of Electric Utility Robert Scheffel Wright, Special Counsel DATE: February 16, 2015 SUBJECT: Electric Utility Power Supply Costs SUMMARY As part of the City's ongoing efforts to achieve lower electric rates for all City electric customers, City Staff have had discussions with senior management of the Orlando Utilities Commission ("OUC") that have yielded two separate sets of "Discussion Points" proposed by OUC that may form the basis for an amended power purchase agreement between the City and OUC. These two proposals were summarized in a memo from Schef Wright that was presented to Council on December 2, 2014. Because the proposals included a number of inter -related provisions and considerations, Staff were directed to prepare analyses of the City's projected total power supply costs under several scenarios, including a set of sensitivity analyses based on alternate natural gas price forecasts. These analyses were performed by William H. Herrington, P.E., of WHH Enterprises, in consultation with Electric Utility Director Tom Richards and Schef Wright. This memorandum presents and discusses these analyses and provides Staff's recommendation as to how the City should proceed in further discussions with OUC. In summary, all things considered and with due recognition and consideration of the various risks involved in this decision, and based on Mr. Herrington's analyses and recommendation, Staff recommend that the City pursue discussions and negotiations with OUC toward a definitive agreement (or agreements) that would be based on OUC's November 25, 2014 Discussion Points (see Appendix B, Attachment C), which include: 1. Termination of the COVB-OUC PPA on December 31, 2023; 2. A "minimum take" provision for the "base capacity" purchase under the existing (2008) PPA of 85 MW; Page 1 of 4 294 3. Purchase of 54 MW of peaking capacity from OUC through 12/31/2023; 4. No St. Lucie Option; and 5. Permanent release of the City's rights to FGT transportation capacity, subject to the City's right to "recall" that capacity if the City were to add gas-fired generation capacity at the Vero Beach Power Plant to serve COVB native load by 12/31/2024. While the results of the sensitivity analyses are generally close, Staff believe that this option offers the best balance of risk protection and cost minimization over the period 2016-2029. Mr. Herrington's memorandum summarizing his analyses of the four cases studied under each of the three natural gas price sensitivities is included as Appendix A to this memo. ASSUMPTIONS AND CASES ANALYZED Mr. Herrington analyzed four cases: the Base Case, the "OUC 2029 Alternate PPA Case" based on OUC's October 20 Discussion Points, the "OUC 2023 Alternate PPA Case" based on OUC's November 25 Discussion Points, and a "Cancel OUC PPA" case in which it is assumed that the City would terminate the existing OUC PPA, pay $50 million in damages pursuant to the PPA, and rely exclusively on the Florida bulk power market for all of the City's power supply beginning in 2016. Assumptions. Key assumptions for the analyses include the following. 1. Analysis period — 2016-2029. 2. Peak Demands and Energy Requirements — same for all cases, based on most recent OUC projections for the City. 3. The 3 FMPA Power Supply Projects in which the City participates are projected to perform as expected for the entire analysis period. 4. The Vero Beach Power Plant is assumed to be retired by the end of 2015. 5. Fuel costs — same for all cases except the Natural Gas Price Sensitivity analyses. 6. Natural gas prices: a. Base/Reference - Average of PIRA Reference and AEO Reference cases. b. Low Gas Price — Average of PIRA Low and NYMEX. c. High Gas Price—Average of PIRA High Gas and FPL Base (12/2014). 7. No carbon regulation costs during the analysis period. 8. Discount rate — 4.16% (supplied by City Finance Director). Page 2 of 4 295 OTHER CONSIDERATIONS As with any long-term decision that depends on market forces, continued operation of generating facilities that supply the City's power, and many other factors, there are risks inherent in whatever decision the City makes regarding its future power supplies. For example, choosing the shorter "OUC 2023 Alternate PPA" option appears, based on reasonable assumptions, to provide the lowest costs to the City over the 2016- 2029 period if gas prices are somewhat higher than currently projected; however, if the market price of natural gas were to rise and remain significantly greater than the current forecasts, and if there were no carbon regulatory costs imposed on coal-fired generation over the analysis period, it is at least possible that the Base Case — i.e., performing the existing COVB-OUC PPA as its stands — would be a better alternative. On the other hand, if natural gas prices were to be subject to the kind of volatility experienced in 2002, 2005, and 2008, as shown in the historic gas price graph in Mr. Herrington's memo, such that gas prices are even greater than the assumptions used in Mr. Herrington's High Gas Price scenario, the OUC 2023 scenario could provide even greater benefits. Similarly, if there are unexpected premature retirements of any significant amount of capacity in the Florida wholesale market, or if demand growth is unexpectedly greater than currently forecast, market capacity costs could be greater than forecast, which would render the Cancel OUC PPA (Alt Case 1) scenario much worse than the other alternatives. The point is simply that there are risks inherent in any decision, and those risks are especially significant for long-term economic decisions that depend on market forces and other factors. Additionally, the Utilities Commission and City Council must recognize that these projections are based on the best information available to Staff and Mr. Herrington, but that the input data are inherently and necessarily based on numerous assumptions. Further, considering recent experience in energy markets and the economy in general, we must all recognize that future results will almost certainly be different than the estimates presented here. Additionally, although not reflected in the discussion points, in discussions, OUC has indicated a willingness to provide the opportunity to amend the minimum -take provision in the event that the City were to lose sales volume due to either judicial or legislative action. Page 3 of 4 296 CONCLUSION AND RECOMMENDATION Based on Mr. Herrington's analyses and recommendation, and considering all known risk factors, the Electric Utility Director and City Manager recommend that the City should proceed toward negotiating an amended PPA with OUC based on purchasing power from OUC through 2023, as per OUC's proposed "Discussion Points" of November 25, 2014. Staff are available to answer any questions. APPENDICES A. Memo from William H. Herrington, P.E. B. Memo of December 1, 2014 from Schef Wright to James R. O'Connor and Wayne R. Coment, Subject: Update Regarding OUC PPA Discussions. C. Exhibit SF -10, sponsored by Sam Forrest in PSC Docket No. 140001 -El hearing on December 1, 2014. Page 4 of 4 297 WHH ENTERPIUSES February 16, 2015 Mr. Scheffel Wright Gardner, Bist, Wiener, Wadsworth, Bowden Bush, Dee, La Via, & Wright 1300 Thomasville Drive Tallahassee, FL 32308 Dear Schef: APPENDIX A 107 Island Drive Howey -in -the -Hills, FL 34737 Tel: 407-579-4794 Email: whhenterprises@.earthlink.net I have completed my modeling of the bulk power costs for Vero Beach under various cases and scenarios covering different power supply options and different natural gas price assumptions. I have evaluated four alternative power supply/purchase cases. These are: 1. Continue under the existing OUC contract 2. Cancel the OUC contract, pay the termination fees and "go to market" 3. Accept OUC's offer dated Nov 2014 4. Accept OUC's offer dated Oct 2014 The future price of natural gas is the greatest uncertainty in estimating the future cost of power. I therefore have developed three natural gas price scenarios. These are: 1. Low natural gas price which is the average of NYMEX futures settlement prices and PIRA' Low Gas Price Forecast 2. Reference Case which is the average of the PIRA Reference Forecast and the DOE Annual Energy Outlook2 Reference Case 3. High natural gas price forecast which is the average of the PIRA High Forecast and the FPL Base Gas price forecast as presented in testimony submitted to the FPSC in December 2014. Notes: 1. PIRA Energy Group, a leading international energy market analysis firm based in New York, has provided price forecasting services to the energy industry for over 30 years. 2. The US Department of Energy's Energy Information Administration publishes the Annual Energy Outlook each year. The report contains various forecasts of energy prices. The bulk power cost model output is the expected present value cost of bulk power supply to Vero Beach for the time period from Jan 2016 through Dec 2029. The results are tabulated below. 298 Table 1 Estimated Bulk Power Costs 2016 thru 2029 Millions $ As is apparent, the results are mixed. However, the analysis does unequivocally indicate that continuing the existing contract with OUC is not the lowest cost alternative under any natural gas price scenario. However, the optimum strategy is dependent on the future prices of natural gas. If natural gas prices remain low, then the options of (a) canceling the OUC contract and going to the market for all power supply and (b) accepting the OUC Oct 2014 offer have approximately equal costs. However, if natural gas prices should increase at a higher rate, the OUC offer dated Oct 2014 is the lowest cost alternative. If natural gas prices should increase at the expected forecasted "Reference Gas Price" rate, then accepting the Nov 25 offer from OUC and going to the market are the lowest cost alternatives. Several techniques are commonly used to evaluate and make choices among alternatives under conditions of uncertainty. One is to calculate the expected value of each alternative by assigning reasonable probabilities to each natural gas price scenario. The results of this approach are tabulated in Table 2 below. Table 2 Expected Value Bulk Power Costs 2016 thru 2029 Millions $ Existing OUC Contract Cancel OUC Contract; Go to Market OUC Nov 2014 Offer OUC Oct 2014 Offer Lovv Gas Price $810 $735 $744 $733 Reference Gas Price $852 $791 $794 $851 High Gas Price $876 $872 $840 $800 As is apparent, the results are mixed. However, the analysis does unequivocally indicate that continuing the existing contract with OUC is not the lowest cost alternative under any natural gas price scenario. However, the optimum strategy is dependent on the future prices of natural gas. If natural gas prices remain low, then the options of (a) canceling the OUC contract and going to the market for all power supply and (b) accepting the OUC Oct 2014 offer have approximately equal costs. However, if natural gas prices should increase at a higher rate, the OUC offer dated Oct 2014 is the lowest cost alternative. If natural gas prices should increase at the expected forecasted "Reference Gas Price" rate, then accepting the Nov 25 offer from OUC and going to the market are the lowest cost alternatives. Several techniques are commonly used to evaluate and make choices among alternatives under conditions of uncertainty. One is to calculate the expected value of each alternative by assigning reasonable probabilities to each natural gas price scenario. The results of this approach are tabulated in Table 2 below. Table 2 Expected Value Bulk Power Costs 2016 thru 2029 Millions $ These "Expected Value" results indicate that accepting the OUC Nov 2014 proposal is the lowest cost alternative however only by a small amount over the "go to the market" alternative. 299 Probability of Occurrence Existing OUC Contract Cancel OUC Contract; Go To Market OUC Nov 2014 Offer OUC Oct 2014 Offer Low Gas Price 25% $203 $184 $186 $183 Reference Gas Price 50% $426 $396 $397 $426 High Gas Price 25% $219 $218 $210 $200 Expected Value $848 $796 $793 $808 These "Expected Value" results indicate that accepting the OUC Nov 2014 proposal is the lowest cost alternative however only by a small amount over the "go to the market" alternative. 299 Several other techniques are useful in evaluating alternatives under uncertainty. One is to examine the variability in expected costs under various scenarios. The range of expected costs is significantly less under the OUC Nov 2014 proposal compared to the "go to market" alternative. The present value of bulk power costs vary between $735 million to $872 million in the "go to market" alternative, which is a range of $137 million. However, with the OUC Nov 2014 offer, the range is significantly lower at $96 million. Another technique referred to as the MaxiMin criterion, considers outcomes under the worst scenario. In this case the worst scenario (i.e., the highest cost scenario) is the high gas price scenario. This decision making tool suggests that one should select the alternative that results in the lowest cost under the worst scenario. Applying this criterion suggests that the OUC offer of Oct 2014 is the superior alternative followed by the OUC offer of Nov 2014. This is equivalent to making a decision that limits the worst outcome. It may not result in the best outcome but the worst outcome is avoided. In this case, OUC's coal capacity serves as a hedge against high gas prices. Although coal prices are forecast to be above gas prices in the reference and low gas price scenario, in the event of high gas prices, electric price increases are moderated under the OUC Oct 2014 and OUC Nov 2014 offer. Since natural gas is the incremental fuel in Florida, the bulk power market prices are highly correlated with natural gas prices. Gas price risk is significant. Note the following chart depicting historical natural gas prices at Henry Hub. Although currently gas prices are near historical lows, as the chart indicates, natural gas prices can be very volatile. Both the Oct 2014 and Nov 2014 OUC proposals limit exposure to natural gas price volatility since OUC has significant coal fueled capacity and can adjust production to increase the percent of coal used when gas prices are high. N.Mral Gas Spot and Futures Prices (NYNEX) SA04131 V 175 1S 0 123 100 75 s0 25 00� 7111 +1b1 e sour-< v z Energy r.1.nn...:w.n+» vab... 2012 2104 2410 2004 2170 2172 2014 -- Haug Gas Furies Comma 1 300 Lastly, from a risk analysis perspective, one must recognize that the "go to market" alternative is more dependent on estimates, whereas the OUC alternatives involve firm offers with specified capacity pricing and accordingly, they can be evaluated much more objectively. In short, estimating total power supply costs under the "go to market" alternative not only involves the uncertainty of natural gas prices, but it also depends on estimates of the market prices for bulk power capacity. This increases the risk with this alternative. Summary and Recommendation In summary, WHH concludes that accepting the OUC offer of Nov 2014 is the best alternative, taking all risks and related considerations into account. Thank you for the opportunity to be of service to the City of Vero Beach. Bill Herrington, PE 301 1(1 • .• • .., () ) ) ".• tc • • ,• • t f )U 18 Tv •••••••• C ) C) II C... I I • C )() ) ) sninj VtJAN (I) 3 1 ij t7 r.) 03 c Ise3aJod eopd seD iflr 302 M a .a 0 2 00 H O U W a 0 O. CO CO J to cc 0, a f0 C y cc C � O a+ 00 o x W 00 ›- tD w 00 1. 00 z d 0 PIRA High Reference al d o to 1n al 1n 01 rn det en t/1 Is, CO to VI CA O M to r 00 o M t0 00 .+ d r o = GJ, td/1 VI v tri 44V? VI °tt° M VI 44 tt VI ON tL t? CC 0 d 0_' E. N 00 m .1 0 01 m 1/1 d .1 to N CO m m LD 00 .-i to t0 LD 0 N V t0 N 01 0 N d M d d d cf to to to to to t!i t0 Lc; t0 0 V1 t? t? N to 4.1 t/? 4.1 V? 44 4/1 V1 to N V1 W cW z 10 01 01 00 r1 r m 0 01 00 t0 tD 00 0 M O1 N d tD 01 O .1 M m d 1L1 tD 01 0 N m m m m c v v v 4 tt 4 d rt tri V1 VI t? t/1 44 N V1 t? V? t? V? to t? t? t? N o o d a m m m m m m M m m m O m r r 00 0 .-1 m tD O CO to 01 m tD .0'd t!1 to t0 l0 t0 t0 N N n N 00 00 in V1 to 14 t? V? V? V? V1 V? V1 t? t? 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V1 V? 10 03 IN t0 .1 M m t0 r to N m 00 et o O1 M tD 00 �0 -4 N m cdf to tD r 03 0 N iN/1 tri ir; N V? Vrn Md /? 1? 1/T t? V1 M v N to to r 00 01 o rt N M d to t0 b CO 01 .--1 ri ri ri ri fV N tV N rJ N N N N [V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N r1 03 M N O rt 01 N O 01 tr1 m tD 00 ce 6 p� O Inflation estimate used for real forecasts 303 Michael P. Bist Garvin B. Bowden** Benjamin B. Bush David S. Dee Erin W. Duncan Charles R. Gardner John T. LaVia, III GBW Telephone 850-385-0070 Gardner, Bist, Wiener, Bowden, Bush, Dee, LaVia & Wright, P.A. ATTORNEYS AT LAW 1300 Thomaswood Drive Tallahassee, Florida 32308 www.gbwlegal.com APPENDIX B Bruce I. Wiener" Wendy Russell Wiener Bedford Wilder Robert Scheffel "Scher Wright Facsimile 850-385-5416 **Board Certified Real Estate Lawyer MEMORANDUM December 1, 2014 TO: JAMES R. O'CONNOR, CITY MANAGER WAYNE R. COMENT, CITY ATTORNEY FROM: ROBERT SCHEFFEL WRIGHT SUBJECT: UPDATE REGARDING OUC PPA DISCUSSIONS This memorandum summarizes the current status of the ongoing discussions between the City and Orlando Utilities Commission ("OUC") regarding possible changes to the City's 2008 Power Purchase Agreement (the "2008 PPA") with OUC. Following discussion of OUC's previously suggested "Discussion Points" (potential terms of an Amended and Restated PPA) at both the City Council and Utilities Commission meetings on October 21, I communicated concerns raised at those meetings to OUC, and the City Manager and I met with OUC senior management again on November 19 to discuss those concerns and how they might be addressed in revised PPA terms. On November 25, I received revised terms from OUC. In summary, the revised terms would include: (1) a shorter PPA term, through 2023 instead of through 2029; (2) no unilateral option for OUC (or the City) to terminate the PPA earlier than 2023; (3) no "St. Lucie Option;" (4) an opportunity for the City to "recall" or reclaim its FGT gas transportation contracts if needed to fuel new gas-fired capacity built by the City by December 31, 2024, to serve the City's native load; and (5) capacity prices for the Base Capacity purchased by the City that are less than under the 2008 PPA but greater than in the October 20 terms. The key differences between the October 20 "Discussion Points," which were presented and discussed at the October 21 Council and Utilities Commission meetings, the November 25 Discussion Points, and the 2008 OUC-COVE PPA are summarized on Attachment A. (Attachment B consists of the October 20 Discussion Points and pricing table, and Attachment C consists of the November 25 Discussion Points and pricing table.) 304 Background As you know, City Manager Jim O'Connor and I have met with OUC several times since August in our ongoing efforts to obtain amendments to the 2008 PPA that would enable the City to reduce our retail electric rates. On October 20, OUC provided to the City a list of "Discussion Points" that included: (1) significant reductions in the Capacity Payment rates as compared to those in the 2008 PPA; (2) a `minimum take" or `floor" in the amount of base capacity that the City would have to purchase in any year of 85 MW; (3) purchase by the City of 54.5 MW of Peaking Capacity to replace the capacity of the Vero Beach Power Plant; (4) a unilateral option for OUC to terminate the PPA in or after 2020, with 2 years notice to the City; (5) an option for OUC to purchase the City's capacity and energy entitlement from the St. Lucie II Power Plant, pursuant to a PPA (as opposed to an assignment); and (6) OUC would receive permanent rights to (and obligations under) the City's gas transportation contracts with FGT. The October 20 Discussion Points and pricing for both the Base Capacity and the Peaking Capacity purchases are included as Attachment B to this memo. Discussion at the City Council and Utilities Commission meetings on October 21 included concerns expressed by members of the Utilities Commission and others that centered on: (1) the fact that the City would still be in a PPA with OUC that would continue through 2029; (2) the `St. Lucie Option" in the October 20 Discussion Points by which OUC would have an option to acquire the City's share of the output of the St. Lucie II Power Plant from the date when the option would be exercised through the end of the St. Lucie Plant's useful life (presently expected to be 2043); (3) permanent release to OUC of the City's gas transportation contracts with FGT; and (4) the unilateral opportunity for OUC to terminate the PPA in or after 2020. Responding to those concerns, I communicated the concerns to OUC, and City Manager Jim O'Connor and I met again with OUC senior management on November 19, 2014 to discuss whether there might be alternatives to the terms set forth in the Discussion Points that OUC provided to us on October 20, 2014. Following that meeting, on November 25, 2014, we received revised, alternative terms (Attachment C) that are set forth in a document comparable to the October 20 Discussion Points, as well as a table of revised prices for both the Base Capacity purchase under the PPA and also for the purchase of 54.5 MW of Peaking Capacity (which would enable the City to retire the Vero Beach Power Plant). 2 305 Discussion: 2008 PPA vs. October 20 Proposal vs. November 25 Proposal Attachment A is a table that summarizes the key points of the City's existing 2008 PPA with OUC as compared to the October 20 Discussion Points and the November 25 Discussion Points. In summary, the November 25 Discussion Points address the concerns mentioned above by: (1) reducing the term of the PPA by 6 years, so that it would terminate at the end of 2023 instead of 2029; (2) the unilateral option for OUC to terminate the PPA is deleted; (3) the "St. Lucie Option' is deleted; and (4) OUC would still be in line to receive or obtain the City's rights to the FGT gas transportation contracts, except that the City would get the right to recall or reclaim those contracts if the City were to build new gas-fired generating capacity at the existing Vero Beach Power Plant site to serve the City's native load. Not surprisingly, because of the lesser value to OUC of the revised terms, the Capacity Payments in the November 25 Discussion Points are higher than those in the October 20 Discussion Points, but still less than those in the 2008 OUC-COVB PPA. The other changed terms are the same as in the October 20 Discussion Points. Naturally, since the revised, November 25 Capacity Payments are greater than under the October 20 Discussion Points, the savings to the City are less. Because the estimated effective date of the amendments is now assumed to be October 1, 2015, the 2015 savings are significantly less than under the October 20 proposal, about $1.3 million in 2015 vs. about $7 million under the previous proposal. Because of the higher pricing, the savings in 2016-2018 are also less - e.g., about $5.5 million in 2016-2017 vs. about $7 million in 2016-2017 under the October 20 proposal. Also, because the new proposal would terminate the PPA as of 2023, there would be no known or definite savings from the end of 2023 going forward. In nominal dollar terms, the total savings of the October 20 proposal vs. the 2008 PPA would be about $68.7 million (including an adjustment to reflect the current projected implementation date of October 1, 2015), and under the November 25 proposal, the nominal dollar savings are about $37.8 million (also reflecting the October 1, 2015 implementation date). (These savings are summarized in Attachment D to this memo.) In practical terms, this would limit the City's ability to reduce retail electric rates in 2016, 2017, and 2018 to somewhat less than the reductions that would have been possible with the October 20 proposed Capacity Payment rates. The termination as of 2023 would also eliminate any known, definite savings available through PPA amendments as compared to performing the 2008 PPA through its current termination date, December 31, 2029. Actual results may be better or worse than the longer-term option (i.e., 3 306 the October 20 proposal) depending on whether the longer -run cost of capacity in the market is greater than or less than the costs available to the City under the October 20 proposal. Additionally, although not reflected on the term sheet, OUC's senior management have indicated that they would be happy to receive and process employment applications from any City employees whose positions would be terminated upon retirement of the Power Plant. Additional Analyses Needed for City Decision At my request, OUC senior management have confirmed to me that the City can choose either the October 20 terms or the November 25 terms, subject to the approval of the OUC Board. There are a number of elements ("moving parts") to be addressed in analyzing the three alternatives available to the City, i.e., simply performing the 2008 PPA until its termination in 2029, the October 20 proposal, and the November 25 proposal. Needed additional analyses will, I believe, include sensitivity analyses relating to future costs of capacity and energy in the market since, under the November 25 proposal, the City will be in the market as of January 1, 2024, and what the City believes about the relationship between OUC's proposed Capacity Payment rates and the market rates for Base Capacity and Peaking Capacity from 2024 through 2029; the value of the St. Lucie Option; the value to the City of possibly keeping, or being able to recall, the rights to the FGT contracts; how these variables would fit into the City's electric rates; and other variables and considerations. I would recommend that the City undertake such analyses as soon as practicable so that the City Council will be in the best possible position to make an informed decision as soon as practicable. Because of the need to make transmission arrangements to accommodate either set of amendments, at some point, delay will almost certainly impinge on the City's ability to implement either option in October 2015. Thank you again for the opportunity to be of service to the City of Vero Beach and your citizens. I look forward to seeing you again soon. If you have any questions, please call me any time. Attachments COPIES: CINDY LAWSON, FINANCE DIRECTOR TOM RICHARDS, ELECTRIC UTILITIES DIRECTOR 4 307 1- z z W 2 W W w w Q W LA Q u cc m a cc W 3 0 a m O u u m O w z 1 - LA X W z VY 2 cc W 1- > - Lu -W Y u.0 z 0 11 Q a 2 O u TO AMENDMENT ALTERNATIVES APPENDIX B ATTACHMENT A NOVEMBER 25, 2014 DISCUSSION POINTS 12/31/2023 $7,000/MW-month in 2015, increasing to $10,000/MW-month for 2018-2023 $3,750/MW-month in 2015, increasing to $7,000/MW-month for 2023 (same as per 10/20/2014 Discussion Points) Yes; $1,566/MW month in 2015, increasing to $1,861/MW-month for 2023 Yes; 85 MW Lu z O z w z O z OUC would receive permanent rights, EXCEPT that COVB could "recall" or "reclaim" its rights if COVB builds new gas-fired generating capacity at the Vero Beach Power Plant site to serve COVB native Toad by 12/31/2024 OCTOBER 20, 2014 DISCUSSION POINTS 12/31/2029 $5,500/MW-month in 2015, increasing to $10,000/MW-month for 2018-2029 $3,750/MW-month in 2015, increasing to $7,000/MW-month for 2023-2029 Yes; $1,566/MW month in 2015, increasing to $1,861/MW-month for 2023-2029 Yes; 85 MW Yes: OUC unilateral option to terminate as early as 2020, with 2 years' notice to City Yes; OUC has option to buy COVB's share of output of St. Lucie pursuant to a PPA; OUC must exercise option before 2029 OUC would receive permanent rights to COVB's capacity under FGT contracts EXISTING PPA 12/31/2029 $13,205/MW-month in 2015, increasing to $14,950/MW-month in 2018-2029 NO PEAKING CAPACITY PURCHASE O z O z W z 0 z w z 0 z COVB's rights under FGT gas transportation contracts transferred to OUC for term of the PPA, revert to COVB at end of PPA CONTRACT COMPONENT Contract Termination Date Base Capacity Payments Peaking Capacity (54.5MW) Prices Separate Transmission Charge Minimum Take of Base Capacity Termination Options St. Lucie Option FGT Contracts 308 ATTACHMENT B Page 1 of 3 Orlando Utilities Commission Discussion Points in Response to City of Vero Beach Request for Modification to PPA October 20, 2014 Source of Capacity/Energy: Remains as OUC system sale, for both the Base Capacity and the Peaking Capacity. Term: )3ase Capacity: Beginning on the Amendment Effective Date and continuing for the remaining term of the PPA, with the option of OUC to terminate no earlier than 2020 upon 2 years' prior written notice. If OUC gives notice of termination, OUC and Vero Beach will negotiate in good faith to reach agreement on new market based terms and conditions for renewal and extension; provided, that neither party is obligated to agree to any such extension. Peskin¢ Capacity: Beginning upon the Amendment Effective Date and continuing for the remaining term of the PPA, with the option of OUC to terminate no earlier than 2020, upon 2 years' prior written notice. If OUC gives notice of termination, OUC and Vero Beach will negotiate in good faith to reach agreement on new market based terms and conditions for renewal and extension; provided, that neither party is obligated to agree to any such extension. Contract Capacity: Bass Capacity: 85 MW minimum take requirement, with the capacity calculated as is currently provided in the PPA (substituting the Peaking Capacity for the Vero combined cycle generation). ;Jew Peaking Capacity: 54 MW of peaking capacity based on a heat rate of 11,500 Btu/KWH. Capacity Charges See Attachment A Energy Charge Duo Energy Charge: Calculated as is currently in the PPA Peaking Enmity Charge: The Hourly Energy Rate ($/MWH) = [(Index + $0.78) 411.5] + $5/MWH VOM Index s [Florida Zone 3 midpoint as posted in Platt's Gas Daily under Louisiana onshore -South divided by (1- FGT Fuel Surcharge effective for that month in the Delivery Period)) + FGT's FTS -1 Usage Rate effective for that month in the Delivery Period Transmission Charge Base Capacity: OUC published tariff. Peaking Capacity: OUC published tariff. Page 1 309 Orlando Utilities Commission Discussion Points in Response to City of Vero Beach Request for Modification to PPA October 20, 2014 Delivery Point for Capacity/Energy Conditions of OUC Offer ATTACHMENT B Page 2 of 3 Same as in PPA currently for both Base Capacity and Peaking Capacity (OUC-FPL interconnection). 1) Vero to retire the Vero Power Plant upon completion of any applicable transmission reliability upgrades, with the plant capacity removed from the PPA as an available resource for Vero as of the Amendment Effective Date. 2) OUC is to have a one-time option on or before 1-1-2029 to acquire the rights and obligations of Vero's St. Lucie Entitlement (13.5 MW) based on an agreed power purchase agreement that is a cost pass- through pricing. Option would survive OUC early termination. 3) Current natural gas transportation rights assigned to OUC would remain with OUC and would survive OUC early termination. 4) Vero shall obtain network transmission service from FPL for Peaking Capacity from the Delivery Point to the load. 5) OUC shall obtain firm transmission service over the OUC transmission system for the Peaking Capacity to the Delivery Point. 6) Subject to negotiation and agreement on definitive contract terms and approval by the Board of OUC and the City of Vero Beach City Council. Page 2 310 ATTACHMENT B Page 3 of 3 OUC System Product Calendar Year OUC Peaking Prod PPA Existing PPA Alternative PPA PPA Savings (54,5 MW) Dollars in Thousands 2014 $ 14,143 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Monthly Rates ($ / 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 & Beyond 15,054 16,182 17,378 18,478 19,016 19,375 19,913 20,452 20,810 21,349 21,887 22,425 22,963 23,501 24,040 $ 14,143 $ - $ 8,055 6,999 9,191 6,991 10,429 6,949 13,157 5,321 14,864 4,152 15,200 4,175 15,679 4,234 16,164 4,288 16,510 4,300 17,004 4,345 17,502 4,385 18,006 4,419 18,515 4,448 19,030 4,471 19,550 4,490 OUC System Product Existing PPA (includes Trans) Alternative PPA PPA Trans' Alternative 3,476 3,640 3,829 4,019 4,373 4,727 5,082 5,438 5,795 5,825 5,857 5,889 5,921 5,955 5,989 OUC Peaking Product Peaking Prod PPA Peaking Prod Trans $ 12,673 $ 12,673 13,205 5,500 13,760 6,250 14,338 7,000 14,950 9,000 14,950 10,000 14,950 10,000 14,950 10,000 14,950 10,000 14,950 10,000 $ 1,566 $ 3,500 $ 1,566 1,566 3,750 1,566 1,566 4,000 1,566 1,605 4,250 1,605 1,645 4,500 1,645 1,686 5,000 1,686 1,728 5,500 1,728 1,771 6,000 1,771 2,816 6,500 1,816 1,861 7,000 1,861 Estimated transmission rates equal to present rate plus 2.5% annual Increase starting In 2017 1 311 ATTACHMENT C Orlando Utilities Commission Discussion Points in Page 1 of 3 Response to City of Vero Beach Request for Additional Options for Modification to PPA November 25, 2014 Source of Capacity/Energy: Remains as OUC system sale, for both the Base Capacity and the Peaking Capacity. Term: ft an Capacity: Beginning on the Amendment Effective Date and continuing through December 31, 2023. Peaking Capacity: Beginning upon the Amendment Effective Date and continuing through December 31, 2023. Contract Capadty: J3ase Cavacity: 85 MW minimum take requirement, with the capacity calculated as is currently provided in the PPA (substituting the Peaking Capacity for the Vero combined cycle generation). New Peakinu CAD/16W: 54 MW of pealing capacity based on a heat rate of 11,500 Btu/KWH. Capadty Charges See Attachment A Energy Charge ase Enemy Charge: Calculated as is currently in the PPA Peaking Energy Charge: The Hourly F"rrgy Rate (S/MWH) — [(Index + S0.78) • 11.5] + S5/MWH VOM Index = [Florida Zone 3 midpoint as posted in Platt's Gas Daily under Louisiana onahore-South divided by (1- FGT Fuel Surcharge effective for that month in the Delivery Period)] + FGT's FTS -1 Usage Rate effective for that month in the Delivery Period Transmission Charge Base Capacity: OUC published tariff Feakine Capacity: OUC published tariff Page 1 312 ATTACHMENT C Page 2 of 3 Orlando Utilities Commission Discussion Points in Response to City of Vero Beach Request for Additional Options for Modification to PPA November 25, 2014 Delivery Point for Capacity/Energy Same as in PPA currently for both Base Capacity and Peaking Capacity (OUC-FPL interconnection). Conditions of OUC Offer 1) Vero to retire the Vero Power Plant upon completion of any applicable transmission reliability upgrades, with the plant capacity removed from the PPA as an available resource for Vero as of the Amendment Effective Date. 2) Upon expiration of the PPA's, the natural gas transportation rights assigned to OUC would remain with OUC unless Vero builds gas-fired generation at the existing Vero Power Plant site by December 31, 2024 to serve its native load, in which case Vero can request the natural gas transportation rights to be assigned back to Vero. 3) Vero shall obtain network transmission service from FPL for Peaking Capacity from the Delivery Point to the load. 4) OUC shall obtain firm transmission service over the OUC transmission system for the Peaking Capacity to the Delivery Point 5) Subject to negotiation and agreement on definitive contract terms and approval by the Board of OUC and the City of Vero Beach City Council. Page 2 313 Attachment A OUC System Product Calendar Year OUC Peaking Estimated Prod PPA Existing PPA Alternative PPA PPA Savings' (54.5 MW) Dollars in Thousands 2014 $ 2015 2016 2017 2018 2019 2020 2021 2022 2023 14,143 $ 14,143 $ $ 15,054 13,731 1,323 869 16,182 10,661 5,521 3,640 17,378 11,641 5,737 3,829 18,478 14,393 4,085 4,019 19,016 14,864 4,152 4,373 19,375 15,200 4,175 4,727 19,913 15,679 4,234 5,082 20,452 16,164 4,288 5,438 20,810 16,510 4,300 5,795 Monthly Rates ($ / MW) Calendar Year OUC System Product Existing PPA (Includes Trans) Alternative Alternative PPA PPA Trans2 OUC Peaking Product Peaking Prod PPA Peaking Prod Trans 2 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 $ 12,673 13,205 13,760 14,338 14,950 14,950 14,950 14,950 14,950 14,950 $ 12,673 $ 7,000 7,500 8,000 10,000 10,000 10,000 10,000 10,000 10,000 1,566 1,566 1,566 1,605 1,645 1,686 1,728 1,771 1,816 1,861 $ 3,500 3,750 4,000 4,250 4,500 5,000 5,500 6,000 6,500 7,000 $ 1,566 1,566 1,566 1,605 1,645 1,686 1,728 1,771 1,816 1,861 (1) Estimated PPA Savings assumes the Amendment Effective Date is October 1, 2015 C21 Estimated transmission rates equal to present rate plus 2.5% annual increase starting in 2017 ATTACHMENT C Page 3 of 3 314 ATTACHMENT D CITY OF VERO BEACH - ESTIMATED CAPACITY PAYMENT SAVINGS AVAILABLE UNDER OUC'S OCTOBER 10/20 AND 11/25 PROPOSALS VS. 2008 OUC-COVB POWER PURCHASE AGREEMENT NOMINAL SAVINGS UNDER NOMINAL SAVINGS UNDER OCTOBER 20 PROPOSAL NOVEMBER 25 PROPOSAL YEAR (DOLLARS IN THOUSANDS) (DOLLARS IN THOUSANDS' 2015 $1,750 $1,323 2016 $6,991 $5,521 2017 $6,949 $5,737 2018 $5,321 $4,085 2019 $4,152 $4,152 2020 $4,175 $4,175 2021 $4,234 $4,234 2022 $4,288 $4,288 2023 $4,300 $4,300 2024 $4,345 $0 2025 $4,385 $0 2026 $4,419 $0 2027 $4,448 $0 2028 $4,471 $0 2029 $4,490 $0 TOTAL $68,718 S37.815 NOTES: The 2015 savings under the October 20 proposal have been reduced by 75% to reflect the fact that the new PPA terms would not be implemented until October 1, 2015. This makes the value comparable to the value in November 25 proposal. 315 • Gas Price Forecasts s under FPL and Intervene m S g M w Y O tO 1.0 a 01m.toN o> a a mw O N pNNNM NwMMN N NNN MN N �O N uc eV 0 0 V to ea ran ta 17 t7 ea P4 P4 h H A N ED >D t0 1D t0 O 0 1,, h tb O •-H tO 0 e7 0 01 h tO CO 4- 40 W O '- ♦ b tD tO 1O tO t0 n h i� t� cc; *5 Oo Oe W O,° O A M M N M H O O Ou.w1�� A�pp VMEpV. n a0 fEopp V�Eg" 4 • 44 N N Np4NNNax2 N H q Erg M N N h d N d ON Y O COO u V r V Y 1K0M uN�N yD pq 19 M 44*4 M Y9 H 44 44 N W N N .9 N x M W ENDCO. O O N ~ 00 M h • N f` O N N 0) 44) 1,- 0) O N co 01 ul (NI N Yy NtD ON04 to to NN ci N 04 N paWPN 0 N 44 W W to .9 W 44 9 H m w •ea ea r) 01 44 NI 011 01 04 01 01 01 PC .O el 11 O ▪ O 0 O 0 0 0 0 0 0 0 O 0 O 0 0 0 0 0 0 0 0 co, N N N N 01 N N N N N N 04 N 01 N N N N N N N N O f 44 EO 0 N o N 03 N APPENDIX C Docket No. 140001 -El Customer Savings under FPI. and Intervenor Gas Price Forecasts Exhibit SF -10, Page 1 of 1 316 March 10, 2015 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 4, 2015 SUBJECT: Update on Enterprise Zone Reauthorization FROM: Peter O'Bryan Commissioner, District 4 I would like to discuss Update on Enterprise Zone Reauthorization 317 &c -h. U 1 g a -- ua Shifting Funding Responsibility to Local Governments • Consider shifting funding responsibility of the Program to Local Governments. To assist local governments with such responsibility, the Legislature could expand the authorized uses of the Local Government Infrastructure Surtax21' and Small County Surtax21 to include enterprise zone funding, or replace the Emergency Fire Rescue Services and Facilities Surtax212 with a surtax to fund local economic development efforts. Effect of Proposed Changes The PCB creates ss. 290.50 and 290.60, F.S., which establish the Local Enterprise Zone program and the Enterprise Zone Certification program respectively. Local Enterprise Zone Program A local government m_..adopt a resolution establishing a local enterprise zone program through which it grants exemptions-Tr—a specified local taxes, fees, permits, and licenses for newly established213 or expanding businesses214 located within designated enterprise zone areas. A local government that establishes a local enterprise zone program must submit a copy of the resolution creating the program to DEO within 20 days. A local enterprise zone program tst a Lall newly established or expanding businesses from the following taxes and fees imposed -by the local government for a minimum of 24 consecutive months: • business taxes; • impact fees; • business, professional, and occupational regulatory fees; • green utility fees; • building permit fees; • special assessments, including, but not limited to, services associated with beach renourishment and restoration, downtown redevelopment, solid waste disposal, fire and rescue services, fire protection, parking facilities, sewer improvements, stormwater management services, street improvements, and water and sewer line extensions; • sign ordinance requirements, permits, and fees; and • tree and landscape ordinance requirements, permits, and fees. For 24 consecutive months following the creation of a designated enterprise zone area, a local government may not issue a citation for a civil code or ordinance infraction on any business located within the designated enterprise zone. Additionaly, newly established businesses may not be cited for civil code or ordinance infractions during the first 24 months of operation. For 24 months following an expansion that results in a 10% or greater increase in the number of full time employees, an expanding business may also be exempt from such citations. However, violations of civil code or ordinance which pose a direct threat to the health and safety of the public are not exempted. 2 10 All of Florida's 67 counties may le%y the Local (o%ennnent infrastructure Surtax. hir up to one percent, subject to referendum approval. 17 counties currently levy the surtax. I 131 of Florida's counties are eligible to levy the Small Count) Surtax, for up to one percent. by extraordinary vote of the county commission if the proceeds are used for operating purposes. If the proceeds are used to service bonded indebtedness, it requires referendum approval. Currently. 29 of the eligible 31 counties levy the surtax. -" 65 Florida counties are authorized to levy. the Emergency Fire Rescue Services and Facilities Surtax for up to one percent, subject to referendum approval. Only those counties that have already imposed t o separate discretionary surtaxes without expiration arc restricted from levying the surtax. I lowcver. no county in the past lice and one -hall -years has levied the surtax. '0 Defined \\ithin the l'CB as "am business entity authorized to do business within the state that has established new operations in a designated enterprise zone arca within the previous 12 months.- "" Defined within the I'Ct3 as "a business entity authorized to do business in the state that increases its total number of full-time employees by at least 10 percent and is located within a designated enterprise zone area." STORAGE NAME pcb03 EDTS PAGE: 34 DATE 2/27/2015 3i1. A -1. Enterprise Zone Certification Program The governing body of a county or municipality or the governing bodies of a county and one or more municipalities together may submit an application to DEO for certification of an area as an enterprise zone. Applications must be submitted to the department no later than January 1 of each year, and must include: • an aerial map and legal description of the proposed enterprise zone area; • demographic information regarding the proposed zone area;215 • verification that the applicant makes available on its website a list of all local tax, license, and fee data related to the creation of a new business, the expansion of an existing business, and the operation of an existing business located within the applicant's jurisdiction; • a list and description of the local financial incentives that have been or will be enacted by the applicant for the purpose of assisting in the redevelopment of the enterprise zone; and • a copy of the resolution adopted by the local governing body creating the local enterprise zone program and designating the enterprise zone area. All timely submitted and completed applications will be certified by DEO and assigned a unique identification number by June 30 of each year. Previously certified enterprise zones are not required to reapply. DEO is required to develop a marketing and advertising plan in coordination with local governments for the purpose of highlighting the benefits of the program and encouraging increased business activity within certified enterprise zones. Before October 1 of each year each local government containing a certified enterprise zone within its jurisdiction is required to submit the following information for inclusion in the department's annual report: • the number and types of businesses established within the certified enterprise zone during the previous fiscal year; • the number of jobs created within the certified enterprise zone during the previous fiscal year; • a detailed description of the local and state financial incentives granted to businesses located within the certified enterprise zone during the previous fiscal year; • a detailed description of the local regulatory incentives granted to businesses within the certified enterprise zone during the previous fiscal year; and • any other information requested by DEO. A certified enterprise zone will be decertified if the resolution creating the local enterprise zone program is repealed by the local government or the local government submits written notification to the department, along with a resolution adopted by the governing body of the local government after a public hearing, requesting that the certified enterprise zone be decertified. B. SECTION DIRECTORY: Section 1: Amends s. 20.60, F.S., revising required elements of a report prepared by the Department of Economic Opportunity. Section 2: Amends s. 163.3180, F.S., prohibiting a local government from applying transportation concurrency within its jurisdiction unless certain conditions are met. Such information must include unemployment_ po‘ert). crime. income. and prupert) value metrics- 1)1.0 is required to consult ith EDR to dev clop or identify standard sources and metrics. and plus such information on its 11ebsite. STORAGE NAME. pcbD3 EDTS PAGE: 35 DATE 2/27/2015 317.11.x. March 10, 2015 Emergency Item Commissioners Matters 14.D.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 6, 2015 SUBJECT: "FAC Legislative Update" FROM: Peter O'Bryan Commissioner, District 4 Provide FAC Legislative Update. Thank you. 2015 Significant Bills Report 1 of 16 file:///C:/Users/vrogers/AppData/Local/Microsoft/Windows/Temporary 1.. 2015 Significant Bills Report Sorted by Folder Name _2015 [Administration] Significant Bills HB 0041 Relating to Hazardous Walking Conditions Metz Hazardous Walking Conditions: Revises criteria that determine hazardous walking conditions for public school students; revises procedures for inspection & identification of hazardous conditions; authorizes district school superintendents to initiate formal request for correction of hazardous conditions; requires district school boards to provide transportation to students who would be subjected to hazardous conditions; requires state or local entities with jurisdiction over roads with hazardous conditions to correct condition; provides requirements for governmental entities relating to capital improvement programs; provides requirements relating to civil actions for damages. Effective Date: July 1, 2015 2/12/2015 HOUSE Now in Education Appropriations Subcommittee Bill Comments 3-5-2015 Bill would allow School Boards to sue counties under ch. 86 to determine if hazardous walking conditions exist. If condition is a hazardous walking condition, county would be required to place remedial action in 5 -year transportation work program, or justify in writing reasons that action will not be included. FAC is working with bill sponsors with the goal of including a provision to allow local flexibility via interlocal agreement between school board and and county (already required under 163.31777) and to remove ch. 86 action as the dispute resolution mechanism. Both versions of this bill have gotten positive references in committee and it is anticipated that some version will pass this year. HB 0113 Relating to Local Government Construction Preferences Perry Local Government Construction Preferences: Prohibits local ordinances & regulations from restricting competition for award of construction services based upon certain conditions; requires state college, school district, or other political subdivision to make specified disclosures in competitive solicitation documents. Effective Date: July 1, 2015 3/5/2015 HOUSE Now in Appropriations Committee Bill Comments 3-5-15 HB 113 / SB 778 - Preempts counties from using local preference ordinances when a construction project includes 20% state funds. HB 113 passed the House Govemment Operations Committee on February 4th by a vote of 9 to 4, HB 113 was amended on March 3rd by the House Local Government Affairs Committee to move the preemption threshold to when a project includes 50% state funds. FAC opposed the bill and it passed by a 6 to 5 margin. SB 778 was heard on March 4th and included an amendment to move the threshold to 50% state funds. The bill passed along party lines. SB 0154 Relating to Hazardous Walking Conditions Hays Hazardous Walking Conditions; Revising criteria that determine a hazardous walking condition for public school students; requiring a district school board to correct hazardous walking conditions and provide transportation to students who would be subjected to hazardous walking conditions; requiring state or local governmental entities with jurisdiction over a road with a hazardous walking condition to correct the condition within a reasonable period of time, etc. Effective Date: 7/1/2015 3/5/2015 SENATE Committee Substitute Text (C2) Filed Bill Comments 3-5-2015 Bill would allow School Boards to sue counties under ch. 86 to determine if hazardous walking conditions exist. If condition is a hazardous walking condition, county would be required to place remedial action in 5 -year transportation work program, or justify in writing reasons that action will not be included. FAC is working with bit sponsors with the goal of including a provision to allow local flexibility via interlocal agreement between school board and and county (already required under 163.31777) and to remove ch. 86 action as the dispute resolution mechanism. Both versions of this bill have gotten positive references in committee and it is anticipated that some version will pass this year. HB 0163 Relating to Public Records/Contractors Beshears Public Records/Contractors: Defines term "acting on behalf of public agency"; revises definition of term "contractor"; requires that public agency contract for services include statement providing name & telephone number of public agency's custodian of records; prescribes form of statement; revises contractual provisions in public agency contract for services regarding contractor's compliance with public records Taws; specifies circumstances under which court may assess & award reasonable costs of enforcement against public agency or contractor. Effective Date: upon becoming a law 3/4/2015 HOUSE Favorable with CS by Government Operations Subcommittee; 12 Yeas, 0 Nays Bill Comments 3-5-2015 This bill seeks to curb abusive public records litigation against govemment contractors. 11 would require that requests for documents related to a county contract be made to the county's public records custodian, who would then provide the request to the contractor. Once notified of the request, a contractor who fails to respond in a reasonable time can be subject to sanction under 119. If a civil action is filed to compel production, a court is required to award attomeys fees, if a notice was filed with the public agency's custodian of public records at least 3 business days prior to filing the action, notice must also be provided to the contractor if the contractor is a named party to the action. Both versions of this bit have received positive committee references and it is anticipated that some version will pass this year. SB 0224 Relating to Public Records/Public Agency Contracts Simpson 3/6/2015 8:43 AM 2015 Significant Bills Report 2 of 16 fi le:///C:/Users/vrogers/AppData/Local/MicrosofVWindows/Temporary L.. Public Records/Public Agency Contracts; Defining the term "acting on behalf of a public agency"; requiring that a public agency contract for services include a statement providing the name and telephone number of the public agency's custodian of records; specifying circumstances under which a court may assess and award reasonable costs of enforcement against a public agency or contractor, etc. Effective Date: Upon becoming a law 3/5/2015 SENATE On Committee agenda - Judiciary, 03/10/15, 4:00 pm, 110 S Bill Comments 3-5-2015 This bill seeks to curb abusive public records litigation against government contractors. 11 would require that requests for documents related to a county contract be made to the county's public records custodian, who would then provide the request to the contractor. Once notified of the request, a contractor who fails to respond in a reasonable time can be subject to sanction under 119. If a civil action is filed to compel production, a court is required to award attorneys fees, if a notice was filed with the public agency's custodian of public records at least 3 business days prior to filing the action, notice must also be provided to the contractor if the contractor is a named party to the action. Both versions of this bill have received positive committee references and it is anticipated that some version will pass this year. HB 0345 Relating to Code Enforcement Officers Burton Code Enforcement Officers: Provides training requirements & certifications for code enforcement officers; requires postcertification training at specified intervals; specifies timeframes for completing training courses. Effective Date: October 1, 2015 1/28/2015 HOUSE Now in Local Govemment Affairs Subcommittee Bill Comments 3-5-2015 Mandates training requirements broad class of employees who enforce code under ch. 162, this includes firefighters, police, sheriff, animal control, and any employees that operate under the authority of 162. Training must be done by Florida Association of Code Enforcement (FACE). New hires would have to undergo 40 hours and current employees would have to take a skills test administered by FACE. After initial certification, 16 hours of maintenance training would be required. Neither versions of these bills have been calendared for committee hearings. HB 0391 Relating to Location of Utilities Ingram Location of Utilities: Provides that board of county commissioners may grant licenses for utility lines within certain right- of-way limits; authorizes DOT & certain governmental entities to prescribe & enforce certain rules regarding utility lines within right-of-way limits; prohibits municipalities & counties from requiring certain information from communications services providers; provides circumstances under which authority must bear cost of relocating utility that is located within certain right-of-ways along public roads or rail corridors; provides exceptions. Effective Date: upon becoming a law 3/5/2015 HOUSE Committee Substitute Text (C1) Filed Bill Comments The bill creates a fundamental shift in current law that requires utilities to pay for their own relocation costs when they are (1) located in a public easement that runs along a county right-of-way and (2) found to be interfering with the safe or continuous use or maintenance or improvement of such public road. The bill limits a utility's relocation liability to only those instances where the utilities are located within the county right-of-way. HB 391 passed the House Local Government Affairs Committee -- after lengthy debate -- by 11-1 on March 3. Relating to Associations of Government Officials Diaz (M) Associations of Government Officials: Requires associations of government officials to annually report certain information to Commission on Ethics; provides that membership dues & other funds received from state sources may not be used by certain organizations to fund litigation against state. Effective Date: July 1, 2015 3/4/2015 HOUSE Favorable with CS by Government Operations Subcommittee; 8 Yeas, 4 Nays Bill Comments 3-5-2015 This bill would place reporting requirements on not-for-profit corporations whose membership includes a public official as defined in s. 112.313 if 25% of the corporation's budget comes from tax dollars. The bit would also require such a corporation from using public funds to sue the state. This bill may impact the Association of Counties, as well as other associations whose members include county commissioners, appointees, and members of advisory boards. The companion bit to this bill is SB 1114. HB 0549 SB 0708 Relating to Code Enforcement Officers Simpson Code Enforcement Officers; Revising the definition of the term "code enforcement officer", providing educational requirements for code enforcement officers; providing for certification upon successful passage of minimum standards training course and exarnination; requiring certain currently employed officers to pass a basic skills examination within a specified period, etc Effective Date: 10/1/2015 2/13/2015 SENATE Referred to Community Affairs; Appropriations Subcommittee on General Government; Fiscal Policy Bill Comments Mandates training requirements broad class of employees. Negative fiscal impact. SB 0778 Relating to Local Government Construction Preferences Hays 3/6/2015 8:43 AM 2015 Significant Bills Report file:%//C:/Users/vrogers/AppData/Local/Microsoft/Windows/Temporary 1... 4 of 16 Local Government Construction Preferences; Prohibiting local ordinances and regulations from restricting a certified contractor's competition for award of a contract for construction services based upon certain conditions; requiring a state college, school district, or other political subdivision to make specified disclosures in competitive solicitation documents, etc. Effective Date: 7/1/2015 3/5/2015 SENATE Committee Substitute Text (C1) Filed Bill Comments No comments. SB 0896 Relating to Location of Utilities Brandes Location of Utilities; Authorizing the board of county commissioners to grant a license to work on or operate specified utility and conmunications services lines only within the right-of-way limits of certain county or public highways or roads; authorizing the Department of Transportation and certain local governmental entities to prescribe and enforce rules or regulations regarding placing and maintaining specified structures only within the right-of-way limits of roads or publicly owned rail corridors under their respective jurisdictions, etc. Effective Date: Upon becoming a law 2/26/2015 SENATE Referred to Community Affairs; Transportation; Appropriations Bill Comments No comments. SB 1114 Relating to Membership Associations that Receive Public Funds Stargel Membership Associations that Receive Public Funds; Requiring a membership association that receives more than a specified percentage of its budget from public funds to file a report with the Legislature; prohibiting a membership association whose membership dues are paid for by public funds from expending such funds on litigation against the state, etc. Effective Date: 7/1/2015 2/27/2015 SENATE Referred to Community Affairs; Appropriations Bill Comments 3-5-2015 This bill would place reporting requirements on not-for-profit corporations whose membership includes a public official as defined in s. 112.313 if 25% of the corporation's budget comes from tax dollars. The bill would also require such a corporation from using public funds to sue the state This bill may impact the Association of Counties, as well as other associations whose members include county commissioners, appointees, and members of advisory boards. The companion to this bill is HB 549. _2015 (Ag & Environment] Significant Bills SB 0142 Relating to Nonresidential Farm Buildings Dean Nonresidential Farm Buildings; Exempting nonresidential farm buildings, farm fences, and farm signs that are located on lands used for bona fide agricultural purposes from any county or municipal assessment, including a dependent special district assessment, etc. Effective Date: 7/1/2015 3/3/2015 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference, 03/06/15, 1:15 pm, 117 K (No Votes Will Be Taken) Bill Comments This bill could have a significant effect on local governments especially rural and fiscally constrained areas of the state. FAC has been working with revenue estimators to quantify the fiscal impacts, and with sponsors to ameliorate those impacts. This bill was filed last session and died in committee. At the present time, it is difficult to predict its likelihood of passage. SB 0166 Relating to Hydraulic Fracturing Soto Hydraulic Fracturing; Prohibiting a person from engaging in hydraulic fracturing in this state, etc. Effective Date: 7/1/2015 12/17/2014 SENATE Referred to Environmental Preservation and Conservation; Commerce and Tourism; Community Affairs; Fiscal Policy Bill Comments This legislation has been proposed in the past, but has had difficulty in achieving consensus. This particular bill was filed early in December, and was referred to four committees. The fact that it has yet to be heard may indicate that its ultimate passage may be a challenge. The House version (HB 169) differs in that it would prohibit "well stimulation" which would include hydraulic fracturing, acid fracturing, and acid matrix stimulation. That bit also has four committees of reference and has yet to be heard. SB 0230 Relating to Public Utilities Dean Public Utilities; Requiring that any proposed change in a public utility's billing cycle be approved by the Florida Public Service Commission by a specified period before the effective date of the change; requiring the commission to consider the public impact of a proposed change; prohibiting the extension of a billing cycle by more than a specified period; prohibiting a public utility from charging a consumer or user a higher rate in certain circumstances; providing an exception, etc. Effective Date: 7/1/2015 3/4/2015 SENATE Now in Fiscal Policy Bill Comments 3/6-2015 8:43 AM _ 2015 Significant Bills Report 4 of 16 fi le:///C:/Users/vrogers/AppData/Local /Mi crosoft/Windows/Temporary 1... This bill addresses a problem that arose last year in which a billing cycle change resulted in higher meter readings and corresponding increases in energy rates. The Senate bill has passed out of two of three committees and its path to the floor appears clear. The House bill, on the other hand, has four committees of reference and has yet to be calendared for a hearing. Thus, the likelihood of passage is more daunting. HB 0249 Relating to Agricultural Tax Exemptions Rabum Redefines terms "livestock" & "agricultural production"; revises sales & use tax exemption for certain farm equipment to exempt from tax irrigation equipment, repairs of farm equipment & irrigation equipment, & certain trailers; revises sales & use tax exemption for items in agricultural use to exempt from tax stakes used to support plants during agricultural production. Effective Date: July 1, 2015 2/4/2015 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference, 02/06/15, 9:00 am, 117 K (No Votes WiII Be Taken) Bill Comments This bill, if passed, is expected to result in an impact of $2.4 million 10 all local governments, or approximately 1.44 million to counties state-wide. The bill follows a recent trend of exemptions to assist the agriculture industry dealing with economic challenges. There are two committees remaining in both chambers, with ample support from members. At the present time, it would appear likely that the bill will pass. HB 0337 Relating to Local Government Services Mayfield Local Government Services: Authorizes county to provide certain services & facilities outside boundaries of municipality without express consent of municipality's governing body under certain circumstances; prohibits municipality from extending its corporate powers within unincorporated areas of county without express consent of county's governing body. Effective Date: July 1, 2015 2/18/2015 HOUSE Now in Energy & Utilities Subcommittee Bill Comments This is a bill that has been filed in each of the last three sessions in some form. This year, the bill simply requires mutual consent when a county or a municipality provides services within the jurisdiction of the other. The House bit has passed through the first of its three committees of reference. The Senate companion (SB 442) was temporarily postponed in its first committee. HB 0569 Relating to Agritourism Combee Agritourism: Prohibits local governments from enforcing ordinances, regulations, rules, or policies that prohibit, restrict, regulate. or otherwise limit agritourism activities on land classified as agricultural land. Effective Date: July 1, 2015 3/3/2015 HOUSE Favorable by Agriculture & Natural Resources Subconunittee; 13 Yeas, 0 Nays Bill Comments This bit essentially applies an existing preemption to those few counties with regulations in place prior to its passage. Under the bill, counties would be prohibited from adopting "or enforcing" regulations restricting agritourism activities. The bit was passed this week in both chambers, in the first of three committees of reference. We would expect the bit to pass. The bit may also be considered in connection to another bit that would exempt non-residential farm buildings and pole bams (which may serve agritourism activities) from the State Fire Code and Building Code. See HB 1025 (Raburn) and SB 1148 (Stargell) filed last week. SB 0586 Relating to Implementation of The Water and Land Conservation Dean Constitutional Amendment Implementation of The Water and Land Conservation Constitutional Amendment; Providing that specified distributions to the Land Acquisition Trust Fund are not subject to the service charge under s. 215.20, F.S.; repealing provisions relating to beach erosion control project staffing, funding for the state's beach management plan, and the Florida Preservation 2000 Trust Fund; requiring specified public recreation projects to have been selected through the Department of Environmental Protection's competitive selection process prior to the release of funds, etc. Effective Date: 7/1/2015 2/20/2015 SENATE Now in Appropriations Subcommittee on General Government Bill Comments This bit restructures the documentary stamp allocation formula in s. 201.15, Florida Statutes, to ensure that the Land Acquisition Trust Fund (LATF) receives at least 33 percent of net revenues pursuant to Amendment 1. The bit provides that revenue distributed to the LATF is not subject to the General Revenue service charge and provides that all revenue from doc stamps is pledged and must first be made available to pay debt service on Florida Forever and Save our Everglades bonds. One area that could be significantly impacted from this restructuring effort is the funding of State and Local Housing trust funds. Under the current statutory distribution formula and using FY 15/16 projections from the Revenue Estimating Conference, the State and Local Housing Trust Funds are anticipated to receive $266 million Under the revised distribution to implement SB 586, the trust funds receive only $154 million (a $112 million impact). An amendment was offered by Senator Smith to restore these funding levels during the first committee hearing, but the amendment was withdrawn after opposition from the Appropriations Chairman. The House filed its Amendment 1 restructure bit this week (HB 1291). The bill appears to hold the housing trust funds harmless. Although, this does not prevent the Legislature from sweeping the trust funds later, it is a positive sign A more comprehensive analysis of the 191 -page bit is forthcoming 3/6/2015 8:43 AM _2015 Significant Bills Report file:/UC:!Users/vrogers/AppDataiLocal/Microsof/Windows/Temporary 1... 5of16 SB 0648 Relating to Land Application of Septage Evers Land Application of Septage; Removing the future prohibition against the land application of septage from onsite treatment and disposal systems; requiring land application to be subject to certain requirements, etc. Effective Date: 7/1/2015 2/6/2015 SENATE Referred to Environmental Preservation and Conservation; Community Affairs; Fiscal Policy Bill Comments • The land application of septage waste is prohibited by statute (s. 381.0065(6), F.S.) as of January 1, 2016. Bills to extend this date, require studies as to the treatment efficacy, etc., have been filed in each of the last two sessions, but have failed. This bill would delete the prohibition date, and require inspections, testing and monitoring at eAsting sites, and would prohibit additional sites within springs protection zones. Bills have been referred to three committees of reference in each chamber, but has yet to be heard in either. Passage of the bill, as in the past, would appear to be a challenge. SB 0918 Relating to Environmental Resources Dean Environmental Resources; Requiring the Department of Environmental Protection to publish, update, and maintain a database of conservation lands; creating the Florida Shared -Use Nonmotorized Trail Network; requiring a project constructed as part of the network to be included in the Department of Transportation's work program requiring certain information to be included in the consolidated annual report for each project related to water quality or water quantity; creating part VIII of ch. 373, F S., entitled the "Florida Springs and Aquifer Protection Act", etc. Effective Date: 7/1/2015 3/4/2015 SENATE Workshopped by Environmental Preservation and Conservation Bill Comments This bill is a rather comprehensive effort addressing a number of issues including: the Conservation and Recreation Lands (CARL) trust fund; greenways and trails; water management planning; springs protection; a new Water Resources Advisory Council; and the collection of water quantity and water quality data. With regard to springs protection, the bill requires the DEP to delineate protection zones for all first magnitude springs (plus DeLeon, Peacock, Poe, Rock, Wekiwa and Gemini), and to perform impairment assessments, develop TMDLs, BMAPs, MFLs and recovery and prevention strategies by certain dates. BMAPs must list projects, septic tanks remediation plans, priorities, costs, funding sources and estimated nutrient reductions. If septic tanks are a significant source of nutrients, DEP must identify them for local government, which must prepare a remediation plan within 12 months. The remediation plan will determine which must be repaired, upgraded, connected to central sewer, or require "no action" and then include a recommended priority for each system. If the local government fails to submit said plan, they would be ineligible for funding. Property owners on which the septic tanks are located would not be required to pay for any inspection, upgrade or connection. Certain land uses would be prohibited in these protection zones including large wastewater disposal facilities (unless they achieve AWT levels), septic tanks on less than one acre; hazardous waste disposal, and the land application of septage waste. This bill was heard for the first time in a workshop this week. No votes were taken. The bill has been referred to three committees in the Senate. As far as what to expect, the springs protection sections of the bill will likely be compared and contrasted with language in the House Water Resources bill (HB 7003), which was the fist bill passed out of the House this week. I would expect a number of changes before final language is agreed upon. HB 7003 Relating to Water Resources State Affairs Committee Water Resources: Revises provisions relating to water resource development; establishment & implementation of minimum flows & levels & total maximum daily loads; Central Florida Water Initiative; projects of South Florida Water Management District; preferred water supply sources; consumptive use permit applications; improvements on private agricultural lands; Northern Everglades & Estuaries Protection Program; power & duties of water management districts with regard to water production & water resource & supply development; regional water supply planning; springs & aquifer protection; surface water classification; & potable water supply. Effective Date: July 1, 2015 3/5/2015 HOUSE Read Third Time; Passed (Vote: 106 Yeas / 9 Nays) Bill Comments This is the House's comprehensive water policy bill. The bill was the first passed by the House this Session, and will now go the Senate for consideration. The bill addresses water policy on many levels and in many areas of the state with sections relating to: the Northern Everglades; the Central Florida Water Initiative (CFWI); the Regional Water Supply planning process (including minimum flows and levels and recovery and prevention strategies); public-private partnerships; surface water classifications to protect potable water supply; and springs protection. Of significant note: there is no funding allocation included in the bill. These fiscal considerations - and Amendment 1 implications - will be determined at a later date. With regard to springs protection, the bill defines 'Outstanding Florida Springs" as all first magnitude and those second magnitude springs on state or federal conservation lands Within these springsheds, local governments have "primary responsibility for urban stormwater and domestic wastewater management. An amendment adopted in the Appropriations Committee clarified that the responsibility for stormwater services was pursuant to MS4 permits, and for wastewater was specifically the operation of collection and treatment facilities. While this amendment would appear to leave the bill silent on septic tanks, another amendment was adopted that requires the DEP to form a working group in areas where septic tanks are "a source of excess nitrate -nitrite in springs,' which must inctude members from DEP, DOH, local government and utilities. This working group will be responsible for data collection and analysis, a public education plan, and the development of necessary projects to address the nutrient impacts. Funding would be contingent on a specific appropriation which would then be awarded for all or part of the costs. The bill prioritizes Total Maximum Daily Loads (TMDLs). Basin Management Action Plans (BMAPs), recovery and prevention 3/6/2015 8:43 AM 2015 Significant Bills Report 60116 file:///C:/Llsers/vrogers/AppDat.a/L.ocal/Microsofl/Windows/7emporary 1... strategies and agricultural Best Management Practices (BMAPs), and prescribes timetables for completion. BMAPs for springs must include: i) a prioritized listing of all specific projects identified; ii) the capital cost, operating cost, and a cost -benefit analyses; and iii) the source and amount of financial for each project. The provisions in this bill are expected to be revised pursuant to Senate feedback, but we would expect a water policy bill, in some form, to pass this year. The big question at this point is funding - and that has not been discussed as of yet. _2015 (Finance & Tax] Significant Bills HB 0101 Relating to Taxation Steube Taxation: Exempts certain obligations from nonrecurring intangible personal property tax; exempts certain documents that transfer real property from tax; exempts certain notes, written obligations, mortgages, or other evidences of indebtedness from tax; reduces tax on rental or license fees charged for use of real property; revises term "mail order sale" to specifically include sales of tangible personal property ordered through Internet or dealer in foreign country; provides that certain persons who make mail order sales & have nexus with state are subject to state's power to collect sales tax when engaged in certain activities; specifies that certain dealers are not required to collect sales tax unless certain circumstances exist; creates rebuttable presumption that dealer is subject to state's power to collect sales tax; creates annual sales tax holiday for school supplies, personal computers, & personal computer-related accessories; creates Restaurant & Hotel Renovation Tax Refund Program with administration by DEO; authorizes applicant to receive tax refund under certain circumstances; requires DOR to develop system to track changes in sales tax remitted & submit reports to Governor & Legislature. Effective Date: July 1, 2015 1/8/2015 HOUSE Now in Finance & Tax Committee Bill Comments 3-5-2015 Among other issues this bill would reduce the sales tax rate on commercial leases by 1 cent from 6 cents to 5 cents. The bill would have an estimated negative impact of approximately $31 million to local governments. The County share of that negative impact ranges from about $18 million to $21 million. Currently, due to movement of other tax cut proposals it would appear that there might not be enough available funding for the state to implement this measure. However, FAC will continue to monitor and work with the bill sponsor to attempt to mitigate any potential negative fiscal impact if the bill passes. SB 0110 Relating to Taxes Hukill Taxes; Reducing the tax rate applied to the sale of communications services; reducing the tax rate applied to the retail sale of direct -to -home satellite services; revising the allocation of tax revenue received from the communications services tax; revising the distributions of tax revenue received from the sales and use tax, communications services tax, and gross receipts tax, etc. Effective Date: Except as otherwise provided in this act, this act shall take effect July 1, 2015 2/20/2015 SENATE Now in Finance and Tax Bill Comments 3-5-2015 The bill, which significantly reduces the state rate for Communication Services Taxes, was amended to remove any negative fiscal impact to local governments. (Approximately a $50+ million savings) The amended bill language is now consistent with the Governor's proposed conforming bill. FAC strongly supports the amended legislation and now awaits actions from the House on related issues. SB 0140 Relating to Tax On Sales, Use, and Other Transactions Hukill Tax On Sales, Use, and Other Transactions; Reducing the tax levied on rental or license fees charged for the use of real property, etc. Effective Date: 1/1/2016 3/4/2015 SENATE Now in Finance and Tax Bill Comments 3-5-2015 Similar to provisions in HB 101, this bill would reduce the sales tax rate on commercial leases by 1 cent from 6 cents to 5 cents. The bill would have an estimated negative impact of approximately $31 million to local governments. The County share of that negative impact ranges from about $18 million to $21 million. Although the bill has been passed by its first committee of reference, due to movement of other tax cut proposals it would appear that there might not be enough available funding for the state to implement this measure. However, FAC will continue to monitor and work with the bill sponsor to attempt to mitigate any potential negative fiscal impact if the bit passes. HB 0361 Relating to Military Housing Ad Valorem Tax Exemptions Trumbull Military Housing Ad Valorem Tax Exemptions: Grants certain leasehold interests & improvements to land owned by U S. or agency thereof, branch of U.S. Armed Forces, or quasi -governmental agency exemption from ad valorem taxation; exempts such leasehold interests & improvements without need to apply for exemption or property appraiser approving exemption; provides nonapplicability of provisions to transient public lodging establishments; provides retroactive applicability. Effective Date: July 1, 2015 3/4/2015 HOUSE Now in Local & Federal Affairs Committee Bill Comments Negative fiscal. FAC opposed SB 0392 Relating to Enterprise Zones Clemens 3/6/2015 8:43 AM 2015 Sign ficant Bills Report file:///C:/Users/vrogers/AppData/L.ocal/Microsoft/Windows/Temporary 1... Enterprise Zones; Revising the policy and purpose of the Florida Enterprise Zone Act; revising the conditions under which a county or municipality, or a county and one or more municipalities, may apply for the designation of an area as an enterprise zone; providing that the municipality or county that applies for designation of an enterprise zone has jurisdiction over the enterprise zone's administration; extending the expiration date of the Florida Enterprise Zone Act, etc. Effective Date: 7/1/2015 1/28/2015 SENATE Referred to Commerce and Tourism; Finance and Tax; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations Bill Comments 3-5-2015 While FAC supports the concepts in this bill of a full re -authorization of enterprise zones it is unlikely that it will pass in its current format. HB 0451 Relating to Entertainment Industry Tax Credit Program Miller Revises information in certain tax credit applications; provides procedures for queuing applications; provides procedures for certifying tax credits; requires provision of workforce data; requiring certified production companies to contribute portion of tax credit award to other entities; requires certain production companies to provide internship opportunities; requires certified production companies to promote state; revises provisions related to distributions and certifications of tax credits. Effective Date: July 1, 2015 2/18/2015 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference, 02/20/15, 1:00 pm, 117 K (No Votes Will Be Taken) Bill Comments 3-5-2015 It is anticipated that concepts related to incentives for the entertainment industry in this legislation will be merged with similar concepts in SB 1046 by Sen. Detert. However, at this time staff assesses the potential of the House legislation passing as moderate to low. S8 0544 HB 0613 SB 0686 Relating to Exemption from the Sales and Use Tax for Certain Machinery Hukill and Equipment Exemption from the Sales and Use Tax for Certain Machinery and Equipment; Providing that the exemption for certain mixer drums and the parts and labor required to affix such mixer drums is repealed on a specified date; deleting the expiration date for the exemption for certain industrial machinery and equipment, etc. Effective Date: 7/1/2015 2/11/2015 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference, 02/13/15, 2:00 pm, 117 K (No Votes Will Be Taken) Bill Comments 3-5-2015 This bill would implement the current Governor's proposal to make the existing sales tax exemption on manufacturing machinery and equipment permanent. Although, the proposal has not been heard as of yet, FAC would remain neutral similar to our position when the original exemption passed. There are multiple bills filed with similar proposals but none have been identified as the "vehicle" for actual implementation of this concept to date. Relating to Exemption from the Sales and Use Tax for Certain Machinery Mager and Equipment Exemption from the Sales and Use Tax for Certain Machinery and Equipment: Repeals exemption for certain mixer drums & parts & labor required to affix such mixer drums on specified date; deletes expiration date for exemption for certain industrial machinery & equipment. Effective Date: July 1, 2015 2/11/2015 Bit 10 be Discussed During the Office of EDR's Revenue Estimating Impact Conference, 02/13/15, 2:00 pm, 117 K (No Votes Will Be Taken) Bill Comments 3-5-2015 This bit, identical to SB 544 by Sen. Hukill, would implement the current Governor's proposal to make the existing sales tax exemption on manufacturing machinery and equipment permanent. Although, the proposal has not been heard as of yet, FAC would remain neutral similar to our position when the original exemption passed. There are multiple bills filed with similar proposals but none have been identified as the "vehicle" for actual implementation of this concept to date Relating to Military Housing Ad Valorem Tax Exemptions Lee (T) Military Housing Ad Valorem Tax Exemptions; Providing that certain leasehold interests and improvements to land owned by the United States, a branch of the United States Armed Forces, or any agency or quasi -governmental agency of the United States are exempt from ad valorem taxation under specified circumstances; providing that such leasehold interests and improvements are entitled to an exemption from ad valorem taxation without an application being filed for the exemption or the property appraiser approving the exemption, etc. Effective Date: 7/1/2015 3/5/2015 SENATE Now in Finance and Tax Bill Comments Negative fiscal. FAC opposed SB 1030 Relating to Community Creative Grant Program Detert 7 of 16 3/6/2015 8:43 AM 2015 Significant Bills Report 8of16 file:///C:/Users/vrogers/AppData/Lucal/Microsoft/Windows/7emporary 1... The Community Creative Grant Program;Creating the Community Creative Grant Program within the Department of Economic Opportunity; requiring that projects be vital and necessary to local economic development efforts and that other state economic incentives be unavailable; authorizing a local government to apply to the department for grants to attract, facilitate, undertake, or encourage a project; prohibiting grant moneys from being used for a business or sports team that is relocating from one community to another community in this state, etc. Effective Date: 7/1/2015 2/27/2015 SENATE Referred to Community Affairs; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations Bill Comments 3-5-2015 This bill represents Sen. Detert's current proposal for the replacement of enterprise zones. FAC likes the ideal as an individual economic development tool, but would definitely like to see other components added to this idea to complete state/local economic development tool box h has yet to be determined if this bill will be seriously considered by the Senate or if it will be amended. SB 1046 Relating to Entertainment Industry Detert Entertainment Industry; Revising the sources of moneys to be credited to the State Economic Enhancement and Development Trust Fund to include repayments to the entertainment industry quick action fund created by the act; creating the Entertainment Industry Quick Action Account within the State Economic Enhancement and Development Trust Fund; renaming the Office of Film and Entertainment within the Department of Economic Opportunity as the Division of Film and Entertainment within Enterprise Florida, Inc.; revising provisions relating to the application process, tax credit eligibility, transfer of tax credits, election and distribution of tax credits, allocation of tax credits, forfeiture of tax credits, and annual report, etc. Effective Date: 7/1/2015 3/5/2015 SENATE On Committee agenda - Commerce and Tourism, 03/10/15, 10:00 am, 110 S Bfll Comments 3-5-2015 It is anticipated that concepts related to incentives for the entertainment industry in this legislation will be merged with similar concepts in HB 451 by Rep. Miller. While the Senate bill is expected to pass, staff assesses the potential of the House legislation passing as moderate to low. SB 1142 Relating to Ad Valorem Taxation Gaetz (D) Ad Valorem Taxation; Proposing amendments to the State Constitution to allow the Legislature by general law to prohibit increases in the assessed value of homestead and specified nonhomestead real property if the just value of the property declines; providing an effective date, etc. 3/3/2015 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference, 03/06/15, 1:15 pm, 117 K (No Votes Will Be Taken) Bill Comments 3-5-2015 The senate version of the "Anti -Recapture" legislation is currently being considered by the REC to adopt a current estimated fiscal impact. No house version of the legislation has been filed as of yet. If passed, the measure would be placed on the statewide ballot in 2016. EDTS3 Relating to Economic Development PCB EDTS 15-03 — Economic Development 3/3/2015 HOUSE Submitted as Committee Bill with 2 Amendments by Economic Development & Tourism Subcommittee; 11 Yeas, 0 Nays Bill Comments 3-5-2015 This bill will represent the House "vehicle" for substantive economic development legislation this year. FAC does not support the current concepts within the bill, however it is unknown if the bill will be further amended and to what degree. IF the bill remains the same as it moves throughout the process, FAC will look to strongly oppose the legislation. _2015 (Growth Management] Significant Bilis SB 0464 Relating to Regional Planning Councils Simpson Regional Planning Councils; Requiring the state land planning agency to identify parties that may enter into mediation relating to the compatibility of developments with military installations; requiring electric utilities to notify the county, rather than the regional planning council, of its current plans to site electric substations; authorizing local governments to enter into agreements to create regional planning entities; revising the requirements for the statewide emergency shelter plan to include the general location and square footage of special needs shelters by county rather than by regional planning council region, etc. Effective Date: 7/1/2015 3/5/2015 SENATE On Committee agenda - Community Affairs, 03/10/15, 1:30 pm, 301 S Bill Comments No comments. Economic Development & Tourism Subcommittee SB 0500 Relating to Mobile Home Park Tenancies Detert Mobile Horne Park Tenancies; Requiring the Division of Florida Condominiums, Timeshares, and Mobile Homes to provide notice to the homeowners' association of a proposed amendment to a prospectus before authorizing such amendment; requiring that additional information be provided in the prospectus which advises the mobile home owner of consequences if the land use is changed; requiring the division to enforce certain rental agreement provisions, etc. 3/6/2015 8:43 AM 2015 Significant Hills Report fi le :///C:/Users/vrogers/AppData'Local/Microsofl/Windows/Temporary 1... Effective Date. 7/1/2015 2/3/2015 SENATE Referred to Regulated Industries; Community Affairs; Appropriations Subcommittee on General Government; Fiscal Policy Bill Comments 2-26-2015 Change 118 0551 Relating to Growth Management Perry Growth Management: Requires local governments to address protection of private property rights in their comprehensive plans; requires comprehensive plan to include property rights element that addresses certain objectives; requires counties & municipalities to adopt land development regulations consistent with property rights element. Effective Date: July 1, 2015 2/11/2015 HOUSE Now in Economic Development & Tourism Subcommittee Bill Comments No comments. S8 0562 Relating to Growth Management Simpson Growth Management; Requiring plan amendments proposing a development that qualifies as a development of regional impact to be subject to the state coordinated review process; providing that new proposed developments are subject to the state coordinated review process and not the development of regional impact review process, etc. Effective Date: 7/1/2015 3/5/2015 SENATE On Committee agenda - Community Affairs, 03/10/15, 1:30 pm, 301 S Bill Comments 3-3-15 This bill has the effect of eliminating the DRI review process by requiring all DRI -scale projects to go through the State Coordinated Review Process (SCRP). While that process will require regional development projects to be reviewed by the DEO, other agencies, and the RPC, there is concem that the current statutory requirements of the SCRP is insufficient to ensure that all of the extra -jurisdictional impacts will be identified and addressed. Accordingly, FAC staff has met with the bill sponsor to discuss amendment language that would strengthen these requirements. Staff has discussed these additional provisions to Ch. 163 with two of the chairs of the FAC Growth Management and Environmental Policy Committee and they were generally supportive. The bill has 3 committee stops in the Senate, including Community Affairs, which is chaired by the bill sponsor. The bill is scheduled to be heard next Tuesday The House bill, HB579, has been filed by Rep. Gaetz. HB 0579 Relating to Growth Management Gaetz (M) Requires plan amendments for developments that are DRIs to follow the state coordinated review process; provides that certain proposed developments that are considered DRIs are subject to the state coordinated review process & not the DRI review process. Effective Date: July 1, 2015 2/11/2015 HOUSE Now in Economic Development & Tourism Subcommittee Bill Comments SB 0832 Relating to Sector Plans Simpson Sector Plans; Requiring that plan amendments that propose an amendment to an adopted sector plan follow a specified state -coordinated review process; establishing that this section is intended to promote development of a long-term vision for conservation, development, and agriculture on a landscape scale; providing that an applicant may request a preapplication conference with the local government that has jurisdiction before filing an application for a detailed specific area plan, subject to certain requirements; requiring the applicant for a detailed specific area plan to transmit copies of the application to specified reviewing agencies for review and comment, etc. Effective Date: 7/1/2015 2/20/2015 SENATE Referred to Community Affairs; Environmental Preservation and Conservation; Fiscal Policy Bill Comments 3-5-15 Bill makes significant revisions to the Sector Planning Process. The process was created in 1998 as am alternative to the DRI process by providing large-scale land owners (minimum 15,000 ACs) to develop a long-term vision and land use plan for their properties. The process is essentially done in two steps. The first is the adoption of -- via a comprehensive plan amendment -- a long term master plan for the area, which depicts the general location and acreages of existing and future land uses, regionally significant resources, and related infrastructure The second step is the adoption of -- via local ordinance -- a Detailed Specific Area Plan (DSAP). DSAPs lie with the master plan area (1,000 AC minimum) and, by statute, are very specific with regard to proposed land uses, their densities and intensities, water resource development projects, transportation facilities and extra -jurisdictional impacts. As proposed, SB 832 attempts to force counties to treat these large-scale, long-term projects no different than any other project by prohibiting additional requests for information. 11 also forces counties to essentially lock -in the type and amount of infrastructure required by the developer over the long-term by requiring the level -of -service standards be negotiated and fixed early in the sector planning process. HB 0933 Relating to Sector Plans La Rosa of 16 3/6/2015 8:43 AM _ 2015 Significant Bills Report file:///C:/Users/vrogers/AppData/Local/Microsoft/Windows/Temporary I... Sector Plans: Revises provisions regarding adopted sector plans, long-term master plans, & specific area plans; revises date for recording conservation easement for certain lands; requires certain petitions to FLWAC to be filed with particularity; authorizes certain water permit durations to be commensurate with certain development orders; provides permitting criteria in certain situations; clarifies public interest test; specifies rule of statutory construction. Effective Date: July 1, 2015 3/3/2015 HOUSE Now in Economic Development & Tourism Subcommittee Bill Comments No comments. _2015 [Health & Human Services] Significant Bills HB 0021 Relating to Substance Abuse Services Hager Substance Abuse Services: Requires DCF to create voluntary certification program for recovery residences; requires DCF to approve credentialing entities to develop & administer certification program; requires background screening of recovery residence employees; provides for denial, suspension, or revocation of certification; directs DCF to approve at least one credentialing entity by specified date to develop & administer certification program; requires DCF to publish list on its website. Effective Date: July 1, 2015 2/20/2015 HOUSE Now in Health & Human Services Committee Bill Comments HB 21 establishes a voluntary certification program for recovery residences (also referred to as sober homes or halfway houses). The bill defines a recovery residence as a "residential dwelling unit or other form of group housing that is offered or advertised through any form, including oral, written, electronic or printed means, by any person or entity to be a residence that provides a peer -supported, alcohol -free and drug-free living environment." The bill directs DCF to select one or more credentialing entities to set up and administer the certification program. Among other things, the bill requires that recovery residences be inspected, that the administrators and other employs undergo background screenings, and also providers for revocation of certification under certain circumstances. FAC strongly supports this good legislation. SB 0326 Relating to Substance Abuse Services Clemens Substance Abuse Services; Requiring the Department of Children and Families to create a voluntary certification program for recovery residences; requiring the department to approve credentialing entities to develop and administer the certification program requiring an approved credentialing entity to establish procedures for certifying recovery residences that meet certain qualifications; requiring background screening of employees of a recovery residence; directing the department to approve at least one credentialing entity by a specified date to develop and administer the certification program; requiring the department to publish the list on its website, etc. Effective Date: 7/1/2015 2/23/2015 SENATE Now in Appropriations Subcommittee on Health and Human Services BiII Comments SB 326 establishes a voluntary certification program for recovery residences (also referred to as sober homes or halfway houses) The bill defines a recovery residence as a "residential dwelling unit or other form of group housing that is offered or advertised through any form, including oral, written, electronic or printed means, by any person or entity to be a residence that provides a peer -supported, alcohol -free and drug-free living environment." The bill directs DCF to select one or more credentialing entities to set up and administer the certification program. Among other things, the bill requires that recovery residences be inspected, that the administrators and other employs undergo background screenings, and also providers for revocation of certification under certain circumstances. FAC strongly supports this good legislation. HB 0379 Relating to Local Housing Distributions Peters Local Housing Distributions: Requires Florida Housing Finance Corporation to distribute to DCF & DOE funds from Local Government Housing Trust Fund to provide support, training, & assistance to designated agencies of local homeless assistance continuums of care. Effective Date: July 1, 2015 1/28/2015 HOUSE Now in Economic Development & Tourism Subcommittee Bill Comments HB 379 provides that four percent of the total funds distributed from the Local Government Housing Trust Fund be set aside and allocated to DCF and DEO for homeless grants and traning and techincal assistance for lead agencies. Specifically, of the four percent set aside pursuant to the bill, ninety-five percent would go to DCF to be distributed as grants, and five percent would go to DEO to provide traning and technical assistance, through a nonprofit entity. FAC strongly supports this effort to establish dedicated statutory funding for homeless programs. This language was originally included in homeless legislation filed by Sen. Latvala and Rep. Peters in 2014, although it was removed from the bills before passage. SB 0516 Relating to Health Insurance Coverage for Emergency Services Bean Health Insurance Coverage for Emergency Services; Prohibiting coverage for emergency services from requiring a prior authorization determination; requiring such coverage to be provided regardless of whether the service is furnished by a participating or nonparticipating provider; specifying coinsurance, copayment, limitation of benefits, and reimbursement requirements for nonparticipating providers; prohibiting a nonparticipating provider from collecting or attempting to collect an amount in excess of specified amounts, etc. Effective Date: 10/1/2015 2/3/2015 SENATE Referred to Banking and Insurance; Health Policy; Appropriations Bill Comments 30oflb 3/6/20158:43 AM _ 2015 Significant Bills Report file:///C:!Users/vrogers/AppData/Local/Microsoft/Windows/Temporary 1... 11 of 16 SB 516 would limit reimbursement for emergency medical services, including EMS/ambulance transport services, from non -participating providers (i.e. a provider who is not in contract with the paying insurance company). Specifically, the bill establishes that payments to non -participating providers are the greater of the following: 1. An amount negotiated with the insurance company; 2. An amount calculated under the methodology generally used by the insurer to determine the reimbursement amount to a nonparticipating provider for the service (i.e. the usual, customary, and reasonable amount); or 3. The Medicare rate. County ambulance providers are concemed that as it is currently drafted, this bill will set the default payment for out -of -network transports to the Medicare, which is generally well below the actual cost of providing the service. Further, the bill prohibits the practice of "balance billing," which allows providers to collect from the patient the difference of what was paid by the insurance company and actual cost. In sum, SB 516 would significantly reduce revenues for county EMS departments, likely forcing many to request additional subsidies from county govemment. FAC has been working with the sponsor and expects an amendment to remove ambulance transport from the bill altogether, which would mitigate the expected negative impacts of the bill. HB 0681 Relating to Health Insurance Coverage for Emergency Services Trujillo Heatth Insurance Coverage for Emergency Services: Prohibits coverage for emergency services from requiring prior authorization determination; requires such coverage to be provided regardless of whether service is furnished by participating or nonparticipating provider; specifies coinsurance, copayment, limitation of benefits, & reimbursement requirements for nonparticipating providers; prohibits nonparticipating provider from collecting or attempting to collect amount in excess of specified amounts; revises methodology for determining HMO reimbursement amounts for certain services. Effective Date: October 1, 2015 2/18/2015 HOUSE Now in Insurance & Banking Subcommittee Bill Comments HB 681 would limit reimbursement for emergency medical services, including EMS/ambulance transport services, from non -participating providers (i.e. a provider who is not in contract with the paying insurance company), including HMOs. Specifically, the bill establishes that payments to non -participating providers are the greater of the following: 1. An amount negotiated with the insurance company; 2. An amount calculated under the methodology generally used by the insurer to determine the reimbursement amount to a nonparticipating provider for the service (i.e. the usual, customary, and reasonable amount); or 3. The Medicare rate. County ambulance providers are concerned that as it is currently drafted, this bill will set the default payment for out -of -network transports to the Medicare, which is generally well below the actual cost of providing the service. Further, the bill prohibits the practice of "balance billing," which allows providers to collect from the patient the difference of what was paid by the insurance company and actual cost. In sum, HB 681 would significantly reduce revenues for county EMS departments, likely forcing many to request additional subsidies from county govemment. HB 1005 Relating to Behavioral Health Services Peters Behavioral Health Services: Creates Behavioral Health Task Force within DCF; requests Florida Supreme Court's Task Force on Substance Abuse & Mental Health Issues in Courts to act as subcommittee of task force; revises duties of Criminal Justice, Mental Health, & Substance Abuse Statewide Grant Review Committee; creates statewide Center for Excellence for Criminal Justice, Mental Health, & Substance Abuse at current Criminal Justice, Mental Health, & Substance Abuse Technical Assistance Center; establishes Behavioral Health Workforce Loan Forgiveness Program within DCF. Effective Date: July 1, 2015 3/3/2015 HOUSE Now in Children, Families & Seniors Subcommittee Bill Comments Like SB 1338 and SB 1462, this bill proposes comprehensive reforms to the state's behavioral health system. Its provisions include; creation of a Behavioral Health Task Force within DCF; revised duties of and increased funding for the Criminal Justice, Mental Health, and Substance Abuse grant program; establishment of a Behavioral Health Workforce Loan Forgiveness Program within DCF. FAC is supportive of the Legislature's efforts to improve the availability and delivery of behavioral health services and increase funding for programs and providers. SB 1338 Relating to Behavioral Health Services Detert Behavioral Health Services; Citing this act as the "Excellence in Behavioral Health Act"; creating the Behavioral Health Task Force within the Department of Children and Families; authorizing counties to fund treatment -based mental health court programs; requiring the Department of Children and Families to designate qualifying organizations as community behavioral health centers; requiring the Agency for Health Care Administration to implement a prospective payment methodology for reimbursement rates at community behavioral health centers, etc. APPROPRIATION: $110,468,252.00 Effective Date: 7/1/2015 3/2/2015 SENATE Referred to Children, Families, and Elder Affairs; Appropriations Subcommittee on Health and Human Services; Appropriations Bill Comments This bill proposes comprehensive reforms to behavioral health programs and funding. Its provisions include: establishment of a 23 -member Behavioral Health Task Force; authorization for treatment -based mental health courts; designation of community behavioral health centers; increased funding for the Cnrninal Justice, Mental Health, and Substance Abuse Reinvestment Program; establishes a Behavioral Health Workforce Loan Forgiveness Program; and increasing Medicaid reimbursement rates to providers of behavioral health services. FAC is supportive of the efforts to improve the availability and delivery of behavioral health services, as well as increasing funding for programs and 3/6/2015 8:43 AM _2015 Significant Bills Report providers. file:///C:/Users/vrogers/AppData/Local/Microsoft/Windows/Temporary 1... SB 1462 Relating to Behavioral Health Services Bradley Behavioral Health Services; Authorizing counties to fund treatment -based mental health court programs; requiring a judge presiding over a postadjudicatory treatment -based mental health court program to hear a violation of probation or community control under certain circumstances; requiring the department to establish specified standards and protocols with respect to the administration of the crisis stabilization services utilization database; requiring the Agency for Health Care Administration to submit a federal waiver or Medicaid state plan amendment for the provision of health homes; specifying conditions for the health home program, etc. Effective Date: 7/1/2015 3/3/2015 SENATE Referred to Children, Families, and Elder Affairs; Appropriations Subcommittee on Health and Human Services; Appropriations Bili Comments Like HB 1005 and SB 1338, this bill proposes comprehensive reforms to behavioral health programs. Its provisions include: authorization for treatment -based mental health courts; directs DCF to establish a database of utilization data in crisis stabilization units; and revises the goals of the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Program. FAC is supportive of the Legislature's efforts to improve the availability and delivery of behavioral health services in the state. _2015 [Public Safety] Significant Bills HB 0099 Relating to Juvenile Civil Citations Clarke -Reed Juvenile Civil Citations: Requires that law enforcement officer, upon making contact with juvenile who admits having committed misdemeanor, issue civil citation in certain circumstances. Effective Date: July 1, 2015 3/4/2015 HOUSE Favorable with CS by Criminal Justice Subcommittee; 10 Yeas, 3 Nays Bill Comments 3-5-2015 Allows law enforcement to issue a warning the first time a juvenile commits a non -serious delinquent act. Allows use of civil citations for second or subsequent offense. Allows officer to arrest a juvenile for a first-time misdemeanor if he or she provides written documentation as to why an arrest was warranted to protect the public safety. Companion bill is SB 378. SB 0266 HB 0323 Relating to Classified Advertisement Websites Diaz de la Portilla Classified Advertisement Websites; Requiring a specified number of safe -haven facilities to be designated in each county based upon population size; authorizing state buildings, or altematively, local governmental buildings, to serve as safe -haven facilities; limiting the liability of an entity that provides a safe -haven facility; limiting actions against the state or local government related to transactions taking place at a safe -haven facility, etc. Effective Date: 7/1/2015 1/15/2015 SENATE Referred to Community Affairs; Judiciary; Appropriations Subcommittee on General Government; Fiscal Policy Bill Comments 3-5-2015 Creates safe -havens for transactions initiated on classified advertising websites, such as Craigslist. Limits liability for govemment agency that operates a safe -haven. Relating to Classified Advertisement Websites Watson (B) Classified Advertisement Websites: Defines "safe -haven facility"; requires specified number of safe -haven facilities to be designated in each county based upon population size; authorizes state or local governmental buildings to serve as safe -haven facilities; limits liability of entity that provides safe -haven facility; limits actions against state or local government related to transactions taking place at safe -haven facility. Effective Date: July 1, 2015 1/28/2015 HOUSE Now in Government Operations Subcommittee Bill Comments 3-5-2015 Creates safe -havens for transactions initiated on classified advertising websites, such as Craigslist. Limits liability for government agency that operates a safe -haven. SB 0378 Relating to Juvenile Justice Garcia Juvenile Justice; Authorizing a law enforcement officer to issue a warning to a juvenile who admits having committed a misdemeanor or to inform the child's parent or guardian of the child's infraction; requiring a law enforcement officer who does not exercise one of these options 10 issue a civil citation or require participation in a similar diversion program: providing that, in exceptional situations, a law enforcement officer may arrest a first-time misdemeanor offender in the interest of protecting public safety, etc. Effective Date: 10/1/2015 3/5/2015 SENATE On Committee agenda - Criminal Justice, 03/10/15, 10:00 am, 37 S Bill Comments 3-5-2015 Allows law enforcement to issue a warning the first time a juvenile commits a non -serious delinquent act Allows use of civil citations for second or subsequent offense. Allows officer to arrest a juvenile for a first-time misdemeanor if he or she provides written documentation as to why an arrest was warranted to protect the public safety. Companion bill is HB 99. SB 0528 Relating to Medical Use of Marijuana Brandes 12of16 3-6/2015 8:43 AM _ 2015 Significant Bills Report file:///C:/Users/vrogers/AppData/Local/Microsoff/Windows/Temporary 1... 13 of 16 Medical Use of Marijuana, Citing this act as ' The Florida Medical Marijuana Act"; allowing registered patients and designated caregivers to purchase, acquire, and possess medical -grade marijuana subject to specified requirements; allowing a cultivation and processing licensee, employee, or contractor to acquire, cultivate, transport, and sell marijuana under certain circumstances; allowing a retail licensee to purchase, receive, possess, store, dispense, and deliver marijuana under certain circumstances; specifying registration requirements for a patient identification card, etc. Effective Date: 7/1/2015 2/3/2015 SENATE Referred to Regulated Industries; Health Policy; Appropriations Bill Comments 3-5-2015 Would authorize limited use of marijuana for medicinal purposes. Would preempt local regulations with for growing and processing facilities. Local zoning and other land development regulations would apply to retail facilities. Would allow counties to determine number and location of retail facilities in the county, which likely includes the ability to exclude retail facilities. HB 0583 Relating to Single -Sex Public Facilities Artiles Single -Sex Public Facilities: Requires that use of single -sex facilities be restricted to persons of sex for which facility is designated; prohibits knowingly & willfully entering single -sex public facility designated for or restricted to persons of other biological sex; provides exemptions; provides private cause of action against violators; provides for preemption. Effective Date: July 1, 2015 3/4/2015 HOUSE Favorable with CS by Civil Justice Subcommittee; 9 Yeas, 4 Nays Bill Comments Pre-emption clause. FAC opposed HB 0683 Relating to Medical Use of Marijuana Steube Medical Use of Marijuana: Allows registered patients & designated caregivers to purchase, acquire, & possess medical -grade marijuana subject to specified requirements; allows cultivation & processing licensee, employee, or contractor to acquire, cultivate, transport, & sell marijuana; allows retail licensee to purchase, receive, possess, store, dispense, & deliver marijuana; prohibits certain actions regarding acquisition, possession, transfer, use, & administration of marijuana; clarifies that person is prohibited from driving under influence of marijuana; provides duties of DOH; provides implementation requirements; specifies act does not require or restrict health insurance coverage for purchase of medical -grade marijuana. Effective Date: July 1, 2015 2/18/2015 HOUSE Now in Health Quality Subcommittee Bill Comments 3-5-2015 Would authorize limited use of marijuana for medicinal purposes. Would preempt local regulations with for growing and processing facilities. Local zoning and other land development regulations would apply to retail facilities. Would allow counties to determine number and location of retail facilities in the county, which likely includes the ability to exclude retail facilities. SB 1414 Relating to Juvenile Detention Costs Bradley Juvenile Detention Costs; Revising the responsibilities of specified counties and the state relating to paying for juvenile detention care; requiring the Department of Juvenile Justice to make certain determinations and then provide usage and cost information to certain counties; deleting a provision requiring a county to make a certain payment to the department, etc. Effective Date: 7/1/2015 3/3/2015 SENATE Referred to Appropriations Subcommittee on Criminal and Civil Justice; Appropriations; Rules Bill Comments 3-5-2015 Would the change formula for juvenile detention costs which would be split 40% to the state, 60% to the counties. Currently no reimbursement for past over billing. FAC is continuing to work with the bill sponsor to seek a more equitable model, and is working with Rep. Metz, Chairman of the House Justice Appropriation Committee, to get a companion bill in the House. SB 1464 Relating to Public Facilities Dean Public Facilities; Providing penalties for specified crimes; providing for a private cause of action for damages, costs, and fees; providing for liability for an owner of public accommodations under certain circumstances for damages, costs, and fees, etc. Effective Date: 10/1/2015 3/3/2015 SENATE Referred to Criminal Justice; Appropriations Subcommittee on Criminal and Civil Justice; Fiscal Policy Bill Comments Pre-emption clause. FAC opposed 2015 [Transportation] Significant Bills HB 004 Relating to Hazardous Walking Conditions Metz Hazardous Walking Conditions: Revises criteria that determine hazardous walking conditions for public school students; revises procedures for inspection & identification of hazardous conditions; authorizes district school superintendents to initiate formal request for correction of hazardous conditions; requires district school boards to provide transportation to students who would be subjected to hazardous conditions; requires state or local entities with jurisdiction over roads with hazardous conditions to correct condition; provides requirements for governmental entities relating to capital 3/6/2015 8:43 AM 2015 Significant Bills Report S8 0154 file:///C:/Users/vrogers/AppData/local/Microsoft/Windows/Temporary I... improvement programs; provides requirements relating to civil actions for damages. Effective Date: July 1, 2015 2/12/2015 HOUSE Now in Education Appropriations Subcommittee Bill Comments 3-5-2015 Bill would allow School Boards to sue counties under ch. 86 to determine if hazardous walking conditions exist. If condition is a hazardous walking condition, county would be required to place remedial action in 5 -year transportation work program, or justify in writing reasons that action will not be included. FAC is working with bill sponsors with the goal of including a provision to allow local flexibility via interlocal agreement between school board and and county (already required under 163.31777) and to remove ch. 86 action as the dispute resolution mechanism. Both versions of this bill have gotten positive references in committee and it is anticipated that some version will pass this year. Relating to Hazardous Walking Conditions Hays Hazardous Walking Conditions; Revising criteria that determine a hazardous walking condition for public school students; requiring a district school board to correct hazardous walking conditions and provide transportation to students who would be subjected to hazardous walking conditions; requiring state or local governmental entities with jurisdiction over a road with a hazardous walking condition to correct the condition within a reasonable period of time, etc. Effective Date: 7/1/2015 3/5/2015 SENATE Committee Substitute Text (C2) Filed Bill Comments 3-5-2015 Bill would allow School Boards to sue counties under ch. 86 to determine if hazardous walking conditions exist. ff condition is a hazardous walking condition, county would be required to place remedial action in 5 -year transportation work program, or justify in writing reasons that action will not be included. FAC is working with bill sponsors with the goal of including a provision to allow local flexibility via interlocal agreement between school board and and county (already required under 163.31777) and to remove ch. 86 action as the dispute resolution mechanism. Both versions of this bill have gotten positive references in committee and it is anticipated that some version will pass this year. HB 0231 Relating to Transportation Passidomo Transportation: Revises provisions relating to the rights & safety of vulnerable users of public rights-of-way; prohibits assault of bicycle riders; revises provisions for careless driving; provides penalties for specified infractions contributing to bodily injury of vulnerable users; requires traffic law & substance abuse education courses to include certain instruction; requires driver license examinations to include test of applicant's knowledge of certain traffic laws; requires driver education courses offered by school district to include certain information. Effective Date: July 1, 2015 1/22/2015 HOUSE Now in Highway & Waterway Safety Subcommittee Bill Comments No comments. HB 0257 Relating to Freight Logistics Zones Ray Defines "freight logistics zone; authorizes county or two or more contiguous counties to designate geographic area or areas within its jurisdiction as freight logistics zone; requires adoption of strategic plan which must include certain information; provides that certain projects within freight logistics zones may be eligible for priority in state funding & certain incentive programs; provides evaluation criteria for freight logistics zones. Effective Date: July 1, 2015 3/4/2015 HOUSE Now in Economic Affairs Committee Bill Comments HB 0575 Relating to Taxis Campbell Taxis: Authorizes certain counties to establish maximum rates which permitholder may charge taxi driver to operate taxa under such permit. Effective Date: July 1, 2015 2/11/2015 HOUSE Now in Business & Professions Subcommittee Bill Comments No comments. HB 0789 Relating to Regulatory Minimum Prices Tobia Regulatory Minimum Prices: Defines term "regulatory minimum price; provides that establishment of regulatory minimum prices for lawful goods or services, or creation of service classifications that would apply differently to certain individuals & businesses is an unfair or deceptive regulatory act; requires DACS to identify instances of regulatory minimum prices & notify noncompliant agencies or entities; clarifies that act does not apply to minimum wages & regulatory fees of governmental entity; provides relief for persons who are adversely affected by certain regulatory actions; requires courts to award reasonable fees, costs, & damages; provides limitation on damages; requires certain interest on sums awarded. Effective Date: July 1, 2015 2/26/2015 HOUSE Now in Business & Professions Subcommittee Bill Comments No comments. HB 0817 14 of 16 Relating to Transportation Network Companies Gaetz (M) Provides requirements for operating as a transportation network company or for employment as transportation network company driver Effective Date July 1, 2015 3/6/2015 8:43 AM 2015 Significant Bills Report 15 of 16 file:///C:/Users/vrogers/AppData/Local/Microsofl/wndows/Temporary 1... 2/26/2015 HOUSE Now in Transportation 8 Ports Subcommittee Bill Comments No comments. SB 0986 Relating to Taxis Braynon Taxis; Authorizing certain counties to establish maximum rates that a permitholder may charge a taxi driver to operate a taxi under the permit, etc. Effective Date: 7/1/2015 2/26/2015 SENATE Referred to Regulated Industries; Community Affairs; Rules Bill Comments No comments. SB 1184 Relating to The Department Of Highway Safety And Motor Vehicles Brandes The Department Of Highway Safety And Motor Vehictes;Providing that an employer may pay up to a certain amount directly toward the venue expenses associated with the funeral and burial services of a law enforcement, correctional, or correctional probation officer killed in the line of duty; requiring a vehicle with a load that extends beyond its sides or a certain amount beyond its rear to display red flags not less than 18 inches square under certain circumstances; authorizing the department to disclose certain confidential and exempt information to another governmental entity under certain circumstances, etc. Effective Date: 10/1/2015 3/5/2015 SENATE Favorable with CS by Transportation; 7 Yeas, 0 Nays Bill Comments SB 1184 is the annual Highway Safety bill. It passed its first committee of reference (Transportation) after the adoption of two amendments relating to red light cameras. The first amendment directs FDOT to develop traffic countermeasures and other location standards that counties must use before erecting a right light camera at an intersection. The second requires the local govemments who fail to comply with certain statutory reporting requirements to remit all violation revenues to the Department of Revenue until compliance is reached. At the time compliance has been determined by DOR, such revenues can be returned to the local government. FAC opposed both amendments. SB 1186 Relating to Transportation Brandes Transportation; Providing that certain commercial sponsorship may be displayed on state greenway and trail facilities not included within the Shared -Use Nonmotorized Trail Network; requiring the governing body of any independent special district created to regulate the operation of public vehicles on public highways to consist of a certain number of members; authorizing a public transit provider to enter into agreements with a transportation network company for the provision of certain transit services, etc.Effective Date: 7/1/2015 3/5/2015 SENATE Favorable with CS by Transportation; 7 Yeas, 0 Nays Bill Comments SB 1886 represents this year's annual transportation bill. Among the bill's provisions, which are supported by FAC, is the creation of the Northwest Florida Transportation Finance Authority and a directive that the Center for Urban and Transportation Research (CUTR) conduct a pilot study on Vehicle Miles Traveled as potential mechanism to fund transportation in Florida SB 1326 Relating to Transportation Network Companies Brandes Transportation Network Companies;Providing transportation network company (TNC) and TNC driver insurance requirements; prohibiting a TNC from owning, controlling, operating, or managing the vehicles used by TNC drivers; requiring a TNC driver to exclusively accept rides booked through the TNC's digital network or software application service, etc. Effective Date: 7/1/2015 3/2/2015 SENATE Referred to Regulated Industries; Banking and Insurance; Rules Bill Comments SB 1456 No comments. Relating to Transportation Latvala (J) Transportation; Revising the term "infrastructure' to include any expenditure for compliance with permit conditions of existing and planned infrastructure and planning studies in certain situations; increasing the minimum amount of money per year which must be available from the State Transportation Trust Fund to fund the Florida Seaport Transportation and Economic Development Program; increasing the minimum amount of money per year the Department of Transportation must include in its annual legislative budget request for the Florida Seaport Transportation and Economic Development Program, etc. Effective Date: 7/1/2015 3/3/2015 SENATE Referred to Transportation; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Appropriations Bill Comments No comments HB 4025 Relating to Traffic Infraction Detectors Artiles Traffic Infraction Detectors: Repeals provisions relating to installation & use of traffic infraction detectors to enforce specified provisions when driver fails to stop at traffic signal. Effective Date: upon becoming a law 2/11/2015 HOUSE Now in Economic Affairs Committee 3/6/2015 8:43 AM 2015 Significant Bills Report H8 7039 8i11 Comments fi le:///C:/Users/vrogers/AppData/Local/Microsoftfwndows/Temporary 1... No comments. Relating to Department of Transportation Transportation & Ports Subcommittee Department of Transportation: Revises provisions relating to DOT's organization, Uniform Traffic Control Law, driving on right side of roadway, crosswalks, operating bicycle, commercial motor vehicles, airport zoning, traveler information systems, toll revenue, bonds, toll accounts, adopted work program, transportation concurrency; & directs EDR to determine benefits of investment in DOT's adopted work program. Effective Date: July 1, 2015 3/4/2015 HOUSE Filed (Formerly PCB TPS1) Bill Comments 3-5-15 Represents the House Transportation package_ Streamlines and revises the existing state process to manage airspace and land use at or near airports. Prohibits counties that implement transportation concurrency and charge proportionate share payments from charging a tree mitigation fee to a developer who makes prop share payments and must also remove trees for the development. Counties may opt out of this provision by a simple majority vote. Generated 74 rows in 0.594 seconds on Fri Mar 6 08:40:02 2015 16 of 16 3/6/2015 8:43 AM March 10, 2015 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 4, 2015 SUBJECT: IRLNEP Agenda Item FROM: Tim Zorc Commissioner District 3 I would like to discuss the Indian River Lagoon National Estuary Program. 318 March 10, 2015 ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 4, 2015 SUBJECT: Oslo Boat Ramp Agenda Item FROM: Tim Zorc zQ Commissioner District 3 1 �. I would like to discuss the Oslo Boat Ramp. 319 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: March 4, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Notice of Special Call Meeting for the Award of the Solid Waste and Recyclables Collection Services (RFP#2015023) NOTICE OF SPECIAL CALL MEETING: On March 3, 2015, the Solid Waste Disposal District (SWDD) Board approved a Special Call Meeting to be held on Wednesday, March 18, 2015 at 9:00 am in the County Commission Chambers in Indian River County Administration Building A at 1801 27th Street. The purpose of the meeting is to obtain public input and award the Solid Waste and Recyclables Collection Services (RFP#2015023). APPROVED FOR AGENDA: By: co ` 'J(i?) ^'!1 Jose. Baird, County Administrator 7)1A4, ', /1 Date SWDD Agenda - Notice of a Special Call Meeting for RFP#2015023 Indian River Co. Ap. • ved Date Administration (5 j5 Legal ' 1 C Budget 3 4' 15 SWDD 3.4-15- SWDD-Finance( o 5., 4v., Purchasing /`� 3/4/1!=/ r Page 1 of l 320 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 166 -1 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: Mike DeGeorge,President and Sherri Davis,Vice President, Trillium Homeowner's Association ADDRESS: 6655 Trillium Blvd.,Vero Beach,FI PHONE: 772-539-9452 SUBJECT MATTER FOR DISCUSSION: 66`h Avenue Road Construction IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION X YES NO WHAT RESOLUTION ARE YOU Replacement of damaged plants, landscaping and irrigation REQUESTING OF THE COMMISSION. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: n Interactive Web Form E-Mail COUNTY ADMINISTRATOR:'. - Fax Joseph A. Baird Mail MEETING DATE: rch 10,2015 Hand Delivered Phone DocumenQ Board Approved 11/7/06 159 toCoTcoastQV Estimate Landscaping Date Estimate # PO Box 651477 2/9/2015 4871 Vero Beach, FL 32965 Name /Address Trillium HOA c/o Golden Sands Management, Inc. 7150 20th St., Ste H Vero Beach, FL 32966 P.O. No. Project Description Qty Cost Total West side inside sidewalk Installation of 4 - 3 gal Variegated Arboricola(1 st cut 4 10.00 40.00 out) Installation of 3 -3 gal Viburnum (I st cut out) 3 10.00 30.00 Installation of 8 - 3 gal Mammy Croton (2nd cut out) 8 10.00 80.00 Installation of 65 -3 gal Green Arboricola(3rd cut out) 65 10.00 650.00 Installation of 15 - 3 gal Green Arboricola (4th cut out) 15 10.00 150.00 Installation of 10 - 3 gal Green Island Ficus (3rd cut 10 10.00 100.00 out) Installation of 10 -3 gal Mammy Croton (3rd cut out) 10 10.00 100.00 Installation of 55 - 3 gal Green Arboricola(to 5th cut 55 10.00 550.00 out) Installation of 10 - 3 gal Green Island Ficus (5th cut out) 10 10.00 100.00 Installation of 5 - 3 gal Mammy Croton (5th cut out) 5 10.00 50.00 Installation of 115 -3 gal Green Arboricola (end of 115 10.00 1,150.00 wall) Installation of 10 - 3 gal Green Island Ficus (8th cut out) 10 10.00 100.00 Installation of 5 - 3 gal Mammy Croton (8th cut out) 5 10.00 50.00 West side of inside sidewalk Installation of 4 - 3 gal Variegated Arboricola(1 st cut 4 10.00 40.00 out) Installation of 40-3 gal Green Arboricola(along wall to 40 10.00 400.00 2nd cut out) Installation of 10 - 3 gal Mammy Croton (2nd cut out) 10 10.00 100.00 Installation of 10 - 3 gal Green Island Ficus (2nd cut 10 10.00 100.00 out) Installation of I - 3 gal Viburnum (fill in) 1 10.00 10.00 Installation of 10 - 3 gal Mammy Croton(3rd cut out) 10 10.00 100.00 Total (772) 562-6249 fax:(772) 562-7878 Coast-2Coast@bellsouth.net Pa* epted by: - - -- - 160 Tcoast to Coos7 Estimate � landscaping Date Estimate # PO Box 651477 2/9/2015 4871 Vero Beach, FL 32965 Name/Address Trillium HOA c/o Golden Sands Management, Inc. 7150 20th St., Ste H Vero Beach, FL 32966 P.O. No. Project Description Qty Cost Total Installation of 10 - 3 gal Green Island Ficus (3rd cut 10 10.00 100.00 out) Installation of 35 - 3 gal Green Arboricola (to 4th cut 35 10.00 350.00 out) Installation of 10 - 3 gal Green Island Ficus(4th cut out) 10 10.00 100.00 Installation of 3 - 3 gal Viburnum(fill in hedge) 3 10.00 30.00 Installation of 50- 3 gal Green Arboricola (along wall to 50 10.00 500.00 6th cut out) Installation of 10 - 3 gal Green Island Ficus (5th cut out) 10 10.00 100.00 Installation of 10 - 3 gal Mammy Croton (6th cut out) 10 10.00 100.00 Installation of 10 - 3 gal Green Island Ficus (6th cut out) 10 10.00 100.00 Installation of 10 - 3 gal Green Island Ficus (7th cut out) 10 10.00 100.00 Installation of 10 - 3 gal Mammy Croton(8th cut out) 10 10.00 100.00 Installation of 10 - 3 gal Green Island Ficus (8th cut out) 10 10.00 100.00 Installation of 15 - 3 gal Green Arboricola(to 8th cut 15 10.00 150.00 out) Installation of 10 - 3 gal Green Arboricola (to 10th cut 10 10.00 100.00 out) Installation of 10 -3 gal Green Island Ficus (I 0th cut 10 10.00 100.00 out) Installation of 3 - 3 gal Viburnum (fill in) 3 10.00 30.00 Installation of 10 - 3 gal Mammy Croton (11th cut out) 10 10.00 100.00 Installation of 10 - 3 gal Green Island Ficus (1 Ith cut 10 10.00 100.00 out) Installation of 15 - 3 gal Green Arboricola (to end of 15 10.00 150.00 wall) Total $6,310.00 (772) 562-6249 fax:(772) 562-7878 kCoast_2Coast(&ellsouth.net PaAtiepted by: --- ---- 161 ttvC GDas oast Estimate Landscaping Date Estimate# PO Box 651477 2/9/2015 4872 `.. Vero Beach, FL 32965 Name /Address Trillium HOA c/o Golden Sands Management, Inc. 7150 20th St., Ste H Vero Beach, FL 32966 P.O. No. Project Description Qty Cost Total Center Island Installation of 25 - 3 gal Green Island Ficus 25 10.00 250.00 Installation of 1 pallet of sod 1 250.00 250.00 Installation of 20 - 3 gal Mammy Croton 20 10.00 200.00 East outside of walkway Island 1 Installation of 1/2 pallet of sod 0.5 250.00 125.00 Island 2 nstallation of 15 -3 gal Variegated Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 3 Installation of 15 - 3 gal Green Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Island Ficus 17 10.00 170.00 Island 4 Installation of 15 - 3 gal Purple Ruella 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 5 Installation of 15 - 3 gal Green Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 6 Installation of 15 -3 gal Green Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 7 Installation of 15 - 3 gal Purple Ruclla 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 East outside walkwalk Island l Total (772) 562-6249 fax:(772) 562-7878 Coast 2Coast(aJbellsouth.net PaWepted by: -- - --- ---- --- - - 162 J Tllc� bast to Te Estimate Landscaping Date Estimate# PO Box 651477 2/9/2015 4872 Vero Beach, FL 32965 Name/Address Trillium HOA c/o Golden Sands Management, Inc. 7150 20th St., Stc H Vero Beach, FL 32966 P.O. No. Project Description Qty Cost Total Installation of 25 - 3 gal Variegated Arboricola 25 10.00 250.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 2 Installation of 15 -3 gal Green Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 3 Installation of 15 - 3 gal Green Island Ficus 15 10.00 150.00 Installation of 17 - 3 gal Purple Ruella 17 10.00 170.00 Island 4 Installation of 15 - 3 gal Variegated Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 5 Installation of 15 - 3 gal Green Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 6 Installation of 15 - 3 gal Green Island Ficus 15 10.00 150.00 Installation of 17 - 3 gal Purple Ruella 17 10.00 170.00 Island 7 Installation of 15 - 3 gal Variegated Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 8 Installation of 15 - 3 gal Green Arboricola 15 10.00 150.00 Installation of 17 -3 gal Green Island Ficus 17 10.00 170.00 Island 9 Installation of 15 - 3 gal Variegated Arboricola 15 10.00 150.00 Installation of 17 - 3 gal Green Island Ficus 17 10.00 170.00 Island 10 Installation of 15 - 3 gal Green Island Ficus 15 10.00 150.00 Installation of 17 - 3 gal Purple Ruella 17 10.00 170.00 Total $6,045.00 (772) 562-6249 fax:(772) 562-7878 CC'3 io,a 0 Coast_2Coast(a)bellsouth.net �0 CJ PaWepted by: -- ---- 163 Orchid Island Property Management II, Inc Estimate 1450 74th Ave. SW Date Estimate# Vero Beach, FL 32968 2/18/2015 15-11 Phone #772-228-9833 Fax # 772-228-9854 Service Address Indian River County 66th Avenue landscaping Purchasing Division Attn: Deward Howard 1800 27th Street Bldg B Vero Beach, FL 32960-3365 Description Qty Rate Total Installation of all plants and sod as specified on list provided by IRC for the additional landscaping 15,375.00 15,375.00 on 66th Avenue project Subtotal $15,375.00 Thank you. Please call if you have any questions. Sales Tax (7.0%) $0.00 Total $15,375.00 164 1,�11�bh CAf1G�/jCQ 4JC, �lohll �n�0h � 5 ,1- 6etaol ji, 36�sv ?7a- 313W-5'7qI C I . Description Qtv cost Total cuter Island Installation of 25-3 gat Green Island Fiats 25 f,'Z. 00 30D Inshallafion of 1 sod 1 Installation of 20 3� f galMammy Crot m �f �' 20 �g t� ''-q East outside of waHmay Island I Installation of U2 pallet of sod 0-5 j Lk (yz) Island 2 r In- laf ,latim of 15-3 gal Variegated Arboricola 15 1106 Installation of 17-3 gal Green Island Ficus 17 Island 3 Installation of 15-3 gal Green Arboricola 15 1 : 0 0 f�� Iustallation of 17-3 gal Island Ficus 17 1 DL, dO !�0 t{• Island 4 Instal]atim of 15-3 ga]Purple Ruella 15 Installation of 17-3 gat Greco Island Ficus 17 I�- D r, ,�b Y- T-gland 5 Installation of 15-3 gal Green Aiboricola 15 Installation of 17-3 gal Gunn Island Ficus 17 I p b Island 6 Installation of 15-3 gal Green Arboficola 15 12,p O I $D Installation of 17-3 gni Green Island Ficus 17 Island 7 Installatioa of 15-3 gal Purple Ruella 15 D U $6, Installation of 17-3 gal Green Island Ficus 17 East outside NvaIkwalk is>and 1 I Total �a'a - 165 Description Qty Cost Total Installation of 25-3 gal Variegated A.rboricola (2.6o 960 Installation of 17-3 gal Green island Ficus 17 (a 6 C) �o q- Island 2 15 (a. DD 1' 0 Installation of 15 -3 gal Green Mmic da 17 Installation of 17-3 gal Grem Island Ficus ( 00 Island 3 , D 1 S D Installation of 15 -3 gal Green Island Ficus 15 j - 1. o InstaTmou of 17-3 gal Purple Rnella 17 �2. D d �- Island4 15 !�• by !c6 b InsWlation of 15 -3 gal Variegated Arboricola 17 'c�• 00 Installation of 17-3 gal Green Island Fids Island 5 IS t a, 00 l�b InstaWon of 15-3 gal Green Arboricola 17 (a �U t, Installation of 17-3 gal Green Island Ficus `] CIsland 6 15 b° N Installation of 15-3 gal Green Island Ficus 17 a- 0° �• � I Installation of 17-3 gal Purple Ruella Island 7 I�., 00 ( j Installation,of 15-3 gal Variegated Arboricola 15 lnstaIlatim of 17-3 gal CATm Island Ficus 17 J 2 o o b Y- Island 8 6 U t�D 15 i�' Installation of 15-3 gal Green Arboricola 17 inqallafim of 17-3 gal Green Island Ficus Island 9 t�I S 0 0 (V.� Installation of 15-3 gal Variegated ArbOdcola 17 D U Inst atim of 17-3 gal Green Island Ficus f �.� Island 10 I a 00 15fv. Fnshillaiion of 15-3 gaI Greta Island Ficus 15 t installation of 17,3 gal Purple RurUa 17 Total ;q& b MOO 166 Qty Cost Total Description — West side inside sidewalk Arboricola(Ist cut 4 Installation of 4-3 gal Variegated 3 oat) 3 60 Installation of 3-3 gal Vibi m m(1st cut out) 8 ! b L) !� ' InstaCrdr�(2nd cut oat) ,7�b Ilati�of 8-3 gal MMM "0 b Installation of 65-3 gal Grern Arbonc Ola(3rd cat out) 15 Installation of 15-3 gal Green Arboricala(4th cut out) 10 06 ra p Installation of 10-3 gal Green Island Ficus(3rd cut out) 10 mon of 10-3 gal MammY Croton(3rd cut out) 55 Installation of 55-3 gal Green Arboncola(to 5th cat 09) Stir cat out) 10 _ Installation of 10-3 gal Green Island Ficus( 5y 0,0 0,0 Installation of 5 -3 gal Mammy Croton(5th cut out) 115 1 a-.O O Installation of 115-3 gal Green Arboncola(end of wall) 10 , b Installation of 10-3 gal Green Island Ficus(8th cat ant) 5 Installation of 5 -3 gal MumuY Croton(8th cut out) West side of inside sidewalk `i bstallarian of 4-3 gal Variegated Arbaricola(1st crit out) 40 eer Installation of 40-3 pi GrArb (along wall to (�U 2nd cart out) 10 Ub Installation of 10-3 gal Mammy Croton(2nd cart out) 10 I�,t U f�U. Installation of 10-3 gal Green Island Ficus(2nd cut 15'. p0 out) 1 ! 06 Installation of 1-3 gal Vibumum(fit in) 10 Installation of 10-3 gal Mammy Croton(3rd cut out) Total 167 Description Qty Cost Total Installation of 10-3 gal Goren Island pons(3rd cut 10 out) b Installation of 35-3 gal Green Arboricola(to 41h cult 35 out) I�C Installation of 10-3 gal Green Island Ficus(4th cut oat) 10 .K 6 /0,06 Installation of 3 -3 gal Viburnum(fill in hedge) 3 , C b (J,U) Installation of 50-3 gal Green Arboricola(along wall to 50 /2,66 6111 cut out) Installation of 10-3 gal G1Een Island Ficus(5th cut out) 10 Installation of 10-3 gal Mammy Croton(6th cut out) 10 , Installation of 10-3 gal Green Island Ficus(6th cut out) 10 2 z G I 001 Installation of 10-3 gal Green Island Ficus(7th cut out) 10 Installation of 10-3 gal Matey Croton(81h cut out) 10 Installation of 10-3 gal Green Island Ficus(8th cut out) 10 i OD 1 0 Installation of 15-3 gal Green Arboricola(to 8th cut 15 out) Installation of 10-3 gal Green Arboricola(to 10th cut 10 1,2, oat) Installation of 10-3 gal Green Island Ficus(10th cut 10 / b 0 out) 3 Installation of 3-3 gal Vibus�(fill in) 3 D 6 Installation of 10-3 gal Mammy Croton(I Ith cut out) 10 Installation of 10-3 gal Grein Island Ficus(11th art 10 bt a o out) s a Installation of 15-3 gal Green Arboricola(to end of 15 waW Totala 168 VIL y Zw a az; 35 Sa sw CL ;r o u�! 0 op 03 TYPE V CURB sem ? 7 PAW CLO. a= C V < .Q JQ_ El V Ta. lox _117 ow �,25 POV, 12C W 0 J US cur in ar* a.LL Q 14 MON SPACE (,If luE 00:0 >,, 0 S IRY P ROPOSED TV," .S. 4 UNi' C.R F' _j PATIO(TYP) v PA7 If 6 sE 0.5! PAD IV- LL A/C P P NOM %70BE u.i* THIGH WA FLOOR "t NNISHM FLOOR CD 14',4=ANDSCARE,BUFFER__� W6 'VILL r ' ,7 5. of,%* HIGH fm TO BE PURCHASED BY IRC PROPOSED 5' SIDEWALK S89*44*59*E384.42' V FROM 80' ULTIMATE R/W �160* EXISTING R/W V49— C(51. 12-o. RE-USE WA M.N 4V Cdvon W. IRFWCD .30' CANAL R/W E. Inv.=1".=15.14.89*49' SCHULKE, BITTLE & STODDARD, L. NO r.. .......... IPA ....._.___......... __.—____._�_...__ w.. E 3@1 K rn 6> QO �p i o>o t f 2V �.�_....+^tom c-et <.wa::- ....'Y:�:..< �':p,r �.:5,•_c•J..... ��r. z,i�+�;.1CCi"-�-.�, i-•-' ...,'-:i•.)�. ,J.� .-.rw-��;��Y.:a�:. .j� . ..?'..r J.c t S.y �. ���� � y"� �"�l� mm" �,, � .-U�.t. �,1.,�•• ... _ •4 ? >'=C,_.�. � :-a:�_••,;�ti>:'n+r•_ ^''�'�`� fit* �j,,Y�.. .� _r'< ;,.,•-•. w�-�iL.r •7;. -_.C,c._.ao......}!.G�f•.�t�`1� ar.. r�CjL,":r.. � •t;t:,,_, �.f ,� �.� Yt.�.` a'.�•S.Y�`�."'�.._.._c.'y a4-i�,'.s:i..i:.:_'�i:.. •.�Y,.a.".::?:e. ....r�..y..: tx:R._M„ ?icy...�...�• _. ♦ 7I r:?L> >.:.: .j,. XT, % O PROPOSED 6' SIDEWALK ' VARIES FROM 1' TO 5' FROM F� r _4 136' ULTIMATE R W \ � _ DEDIC g in,:I- _ _ _...__..... _ -...._ _ _... ,_ i f y — —.-.....---,..--....— , _ .__ _....... . _ __ — _. _ -... ...... 696.74' ............... cTILI ! IE w) zo �.j � JI � N I lob j )lK 31 1 m 1z" G r 18 71;2 n c >> rpt o m 92 F9 10 rn 4 M.- 14' , U 0 --- X ------------ lflt:�,;&:.!�14-r:4 M dC szlm as N! LK DIS dO OC ZjKPROPOSED 8+ SIDEWALK NOIS 3KYN 1332115VARIES FROM V TO 5' fD W 70 BE PURCHASED BY IRC PROPOSED SWALE-/ CAN:= ;r Ing R/W TO BE iCATED TO 0C p .......... ....,....r_.,.-......... ...................... 12' Dilvert w 0.6 MICE �!N� 7-- \............. u 66th Avenue ki I EXIST—E-01 .................( g..ht of Way Varies EXW. 12V* Imym mm lktl IT INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION U 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: Indian River Neighborhood Association,Dan Lamson ADDRESS: PO Box 643868,Vero Beach,FL 32964 PHONE: 772-4104612 SUBJECT MATTER FOR DISCUSSION: IR Lagoon council IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Join the lagoon council REQUESTING OF THE COMMISSION? g ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? X YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E-Mail COUNTY ADMINISTRATOR: r j CYJIJ) Fax Joseph A.Baird Mail Hand Delivered MEETING DATE: n �I Phone 169 INDIAN RIVER COUNTY, FLORIDA INTER-OFFICE MEMORANDUM W '( TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community DevelopVent Director FROM: Roland M. DeBlois, AICP 1)�k� Chief, Environmental Planning &Code Enforcement DATE: March 3,2015 RE: Board Consideration to Terminate Contract with TSI Disaster Recovery, LLC,with Payment for Work Performed, and Alternatives for Channel Restoration at Head Island (a.k.a. Green Salt Marsh Conservation Area) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 10, 2015. DESCRIPTION AND CONDITIONS Head Island (the County-owned Green Salt Marsh Conservation Area) is located in the Indian River Lagoon, west of St. Christopher Harbor Subdivision. In 2010, the Board of County Commissioners conceptually approved a proposal initiated by the St. Christopher Harbor Homeowner's Association (HOA) to restore a natural channel at the island and provide navigable passage to the north for area boaters. Due to a number of public benefits associated with the proposal, in 2014 the County and the Florida Inland Navigation District (FIND) became partners in the project. Public benefits include establishment of a short route to deep water for boater traffic, resulting in less boater impact to lagoon resources (seagrasses); improved water circulation; and eradication of nuisance exotic vegetation from public conservation land. In initiating the project, the HOA paid for design of the restoration and for Florida Department of Environmental Protection (FDEP) and Army Corps of Engineers (ACOE) permits for the work. Those permits are good through October 2016 (FDEP)and March 2017 (ACOE). Beyond the cost of the design and permitting($38,000), the HOA has also committed an additional $16,750 toward the project. The County has been awarded a 25% cost-share grant from FIND for channel restoration and other improvements at the island. On December 16, 2015, the Board of County Commissioners authorized staff to negotiate a contract with TSI Disaster Recovery, LLC ("TSI") for the channel restoration, based 1 170 on a bid price of$78,500. Subsequently, the County entered into a contract with TSI to conduct the work at the referenced bid price, and project work has commenced. Although TSI has made progress in completing certain tasks relating to the project, an unforeseen circumstance has arisen with respect to a need for off-site disposal of dredged material, as later explained in this memorandum. This matter is being presented for the Board to consider terminating the current contract with TSI with payment for work performed, for reasons explained hereinafter. ANALYSIS The following table summarizes the Head Island project overall cost estimate, as presented to and approved by the Board on December 16, 2014, based on TSI's bid: Head Island Channel Restoration FIND Waterways Assistance Program Project ESTIMATE APPROVED BY BCC 12/16/14 BASED ON TSI DISASTER RECOVERY BID Project Element Estimated FIND Cost(25%) County Cost St.Christopher Cost Harbor HOA Design and permitting $38,000* N/A N/A $38,000* Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization and project $78,500 $19,625 $42,125 $16,750 construction (Based on TSI Disaster Recovery Bid Project management, $18,000 $4,500 $13,500 N/A engineering oversight and contingencies TOTAL $144,500* $26,625 $63,125 $54,750 *$38,000 has already been spent by the HOA in obtaining FDEP and ACOE environmental permits.Design and permitting costs are not covered under the FIND cost-share grant project;the total FIND grant project revised cost estimate is$106,500. The funding source approved by the Board for County expenditure towards the project is the Florida Boating Improvement Fund. TSI's Work Completed to Date TSI's bid award of $78,500 is for barge mobilization and project construction (only), and does not include other project tasks such as design and permitting; public boat landing construction; or project management, oversight and contingencies. The tasks of TSI's approved bid contract are itemized as follows: TASK BID PRICE COMPLETED 1. Mobilization includes demobilization $10,000 $5,000 2. Removal and disposal of fill, including proper $26,000 $3,999 siltation control 3. Breaching of mosquito control dikes $22,000 4. Removal of Australian pine and Brazilian pepper $17,500 $17,500 5. Installation of navigational / manatee protection $3,000 signage TOTAL $78,500 $26,499 2 171 To date,TSI has completed the following tasks: Task 1: Mobilization (barge, excavation equipment on-site). Task 2 (Partial): Deployment of siltation control devices. Task 4: Removal/chipping of vegetation from dike breach and channel restoration areas, basil bark herbicide treatment of nuisance exotics on perimeter dike. Unforeseen Circumstance: Off-site Disposal of Dredged Material The Request for Proposals (RFP) that TSI bid on for the Head Island channel restoration work included, as attachments, the ACOE and FDEP permits for the project. A condition specified in those permits is that"all fill generated [from the channel excavation and dike breaches] shall be disposed of on an upland site." According to TSI representatives, TSI bid the work under the assumption that there were sufficient uplands on-site (i.e., on the Head Island impoundment dikes)to accommodate upland disposal of dredged material. In fact, TSI posed a question in an addendum to the RFP as to whether or not it would be acceptable to spread soil from excavated breaches along portions of the dike, to which county staff answered yes. Based on its understanding of staff's response, TSI submitted its $78,500 bid (substantially lower than the next lowest bid of$319,650 received by the County). At a field meeting with ACOE staff after the bid was awarded, however, TSI learned that although there are upland areas on the Head Island perimeter dike, the areas that the ACOE would allow for soil spreading are insufficient to accommodate the amount of material to be dredged. Based on an approximate two-week time frame needed for scheduling the ACOE field meeting and the subsequent finding of insufficient uplands for on-site disposal, TSI's dredging of the channel and breaches has been delayed. TSI Change Order Proposal for Off-site Disposal After learning that there are insufficient ACOE-approvable upland areas on-site for disposal of dredged material, TSI submitted an initial and then a second revised proposed change order to staff with revised costs for off-site disposal (see Attachment 3). As proposed, TSI's (revised) change order for off-site disposal is $167,560 with a per diem rate of$13,963.33, bringing total construction costs to more than $200,000, not including cost for off-site trucking of material or site restoration. In total, the proposed change order would bring the overall Head Island project total to more than $300,000. After receiving TSI's proposed change order, staff looked into alternatives for completion of the project by means other than excavation of the channel by barge. In that regard, staff obtained an engineer's cost estimate made in consultation with a qualified contractor, for a land-based excavation of the channel and breaches using small equipment, including off-site trucking of material, at a cost in the range of $127,000. That land based approach would require use of Island Drive, the northern private road within St. Christopher Harbor. Use of that road for project completion would require the cooperation of the HOA. Under the land-based approach,total project cost would be approximately$224,500. Staff's position is that TSI's proposed change order for off-site disposal of dredged material is untenable under the current funding scope of the Head Island restoration project. In recent discussions between staff, the Deputy County Attorney, and TSI on that issue, TSI indicated it was agreeable to them to be paid for work rendered, with no charge to the County for the several weeks that TSI has had its barge deployed at the work site. Staff has field-verified the work completed by TSI to date and has determined that the work has provided a public benefit in the form of exotics eradication from a County-owned conservation property. 3 172 Alternatives In considering this matter, the County has a number of alternatives. Those alternatives include: 1. Hold TSI accountable to the contract bid price of$78,500 to complete the Head Island channel restoration work, irrespective of the unforeseen need (and cost) for off-site dredged material disposal; 2. Approve TSI's change order proposal and substantially increase the funding scope of the Head Island restoration project; 3. Terminate the County's contract with TSI with payment for work performed, and discontinue any additional work, effectively ending the overall project; 4. Terminate the County's contract with TSI with payment for work performed, and issue an RFP for completion of the job with off-site disposal of dredged material, with completion costs to be determined. Under this alternative, the County would need to require the HOA to commit to allowing use of(private) subdivision roads for land-based removal of fill. In addition,the County could determine its cost-sharing level now by setting a cap for its share of the contribution to the project (a typical maximum local match is 50%) and require the HOA to commit to covering additional project costs. Short of the HOA meeting use of roads or additional funding commitments, the County could refrain from issuing an RFP, effectively ending the overall project. Regarding the alternatives, the County could take the position that TSI had sufficient opportunity in making its bid to determine that there is insufficient uplands on—site for disposal of dredged material. That being said, the extent(or lack thereof)of upland disposal areas on-site was not fully known until an on-site meeting with ACOE staff after the bid award and project mobilization. Staff's finding is that the work TSI has completed (i.e., herbicide basil bark treatment of exotics on the entire Head Island perimeter dike and clearing of the breach and channel areas) was done competently and has the public benefit of exotics eradication from publicly-owned conservation land. For those reasons, staff believes it is appropriate to pay TSI for work performed. TSI's cost estimate for completion of the channel restoration with off-site disposal of material, however, is untenable under the project budget and, therefore, the contract with TSI warrants termination without TSI conducting further work under the contract. For the reasons described herein, staffs position is that the County should terminate the contract with TSI with payment for worked performed. The payment to TSI for worked performed, accounting for a demobilization cost of $5,000 (completion of bid item Task 1) is $31,499. Staff also believes it is appropriate for the County to set a County spending cap, say 50% of overall costs not to exceed $115,000, and issue an RFP to solicit bids for completion of the project. If the HOA is not willing or able to commit to use of the roads and to fund additional costs beyond the County's 50% /$115,000 cap, then the project could be effectively ended. Under the scenario that the County agrees pay TSI for work performed and proceeds to issue an RFP for completion of the project at the estimated cost of$127,000, following is a revised table of overall project costs (assuming the County sets a 50% / $115,000 cap on County funding towards the project, and the HOA funds the additional remainder). 4 173 Head Island Channel Restoration FIND Waterways Assistance Program Project REVISED ESTIMATE BASED ON TSI PAYMENT FOR WORK PERFORMED&NEW RFP Project Element Estimated FIND Cost(25%) County Cost* St.Christopher Cost Harbor HOA Design and permitting $38,000* N/A N/A $38,000* Public boat landing $10,000 $2,500 $7,500 N/A TSI payment for work $31,499 $7,874 $23,625 N/A performed (exotics treatment, channel/breach vegetation clearing, siltation control, mobilization Channel/breach completion $127,000 $22,875 $65,626 $38,499 under new RFP (engineer's estimate Project management, $18,000 $2,501 $15,499 N/A engineering oversight and contingencies revised TOTAL $224,499* $35,750 $112,250 $76,499 *Assumes a County cap of 50%of total project costs,not to exceed$115,000. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Authorize the Chairman to execute the attached agreement for termination of the County's contract with TSI Disaster Recovery, LLC with payment of$31,499 for work performed; and 2. Set a County payment contribution cap at 50% of overall project cost, not to exceed $115,000, and 3. Authorize staff to coordinate with the St. Christopher Harbor HOA to obtain the HOA's authorization to use Island Drive for land-based removal of fill and a commitment of further contribution to project costs; and 4. Authorize staff to issue an RFP to complete the remaining project work, contingent upon the HOA committing to private road use for fill removal and to additional funds for the project. If the HOA does not commit to those items,the overall project will be effectively ended. ATTACHMENTS 1. Sketch of Head Island with notes on proposed improvements. 2. TSI Disaster Recovery, LLC contract agreement with bid price by task. 3. TSI Disaster Recovery, LLC change order proposal. 4. Letter from Engineer on land-based restoration approach. 5. Agreement for Termination of Contract. I.R.County AppraKd Date APPROVED: Admin. Legal �3 FOR: March 10, 2015 Budget Dept. S Risk Mgr. BY: MAL C\Green Salt Marsh aka Head lsland\Head Cove restoration\Head Cove TSI contract progress pay and change ord staff report for BCC 3-3- .doc 5 174 r, N q Head Island Improvement . 1 .-1 ..ii: W Construct boat landing dock Excavate/ 4 restore channel n.w aromaa ��,� Breach dike :.•K`-:_ M.ww.v.pi.uon Car Nawrn.nA.�Eooibn osoA... MYN110YF nota ip. ',,,-V-a- Dana wM Now&..cn Lonllon Mwv3 vwul C— A m.2 i K• O.03 ACAED MMWROVE VEGETA110N EAMUAIN.—L—a 0.02ACAE5 MANGROVE VEGETATION O.ra.MN Head Island M.wo.v.NM•Mnco.a E.P -V- 12.G3 W-TaM Ara C 233 Au..k,5.— 10.35 A—knNO.Dams MYyrove 6w.mp ,Y ww Bro.a,wc.Tmn LEGEND ; o03ACAE3 MMNOROVE VEGETA7IOR ® BERM AREAS ea.w wu� MInRATNNN AREA Mill NEW BREACH ARRAS EALDTWB BREACH AREAS NEW CHANNEL AREA WE..4 Breach dike Clear dike trail/ remove exotics Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY,a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and TSI Disaster Recovery, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1-WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island ARTICLE 2-THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island Bid Number: 2015015 Project Address: Head Island, also known as the Green Salt Marsh Conservation Area, is located on the east shore of the Indian River Lagoon, adjacent to 2105 Island Drive,Vero Beach, FL 32963 ARTICLE 3-CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones,if any,Substantial Completion,and completion and readiness for final payment as stated in the specifications are of the essence of the Contract. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 60 th day after the date when the Contract Times commence to run. ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: Page 1 of 6 ATTACHMENT 2 176 A. For all Work,at the prices stated in CONTRACTOR's Bid,attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount:$78,500 Written Amount: Seventy-eight thousand five hundred dollars and zero cents ARTICLE 5-COMPENSATION 5.01 Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act,as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). ARTICLE 6-INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER,and its officers and employees,from liabilities,damages,losses and costs, including,but not limited to,reasonable attorney's fees,to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. ARTICLE 7-CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress,and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost,progress,and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions(surface,subsurface,and Underground Facilities)at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto. Page 2 of 6 177 E. CONTRACTOR does not consider that any further examinations, investigations,explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts,errors,ambiguities,or discrepancies that CONTRACTOR has discovered in the Contract Documents,and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8-CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 1 to 6,inclusive); 2• _ ;(not applicable) 3. Certificate(s)of Insurance 4. Addenda (numbers 1 to 2 ,inclusive); 5. CONTRACTOR'S Bid Form(pages 10 to 11 of 25,inclusive); 6. Bid Bond(pages 1 to 2 inclusive); 7. Affidavit of Compliance(page 12 of 25); 8. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships(pages 13 to 14 of 25,inclusive); 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; ® b) Change Order(s). Page 3 of 6 178 ♦r 10. FDEP Permit 11. USACE Permit ARTICLE 9-MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound;and,specifically but without limitation,moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment,no assignment will release ordischarge the assignorfrom any duty or responsibility under the Contract Documents, 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto,its partners,successors,assigns,and legal representatives in respect to all covenants,agreements,and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR,who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County,Florida,or,in the event of a federal jurisdiction,in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119,Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. Page 4 of 6 179 (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer,at no cost,to the County all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY Page 5 of 6 180 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective onI6,20_&(the date the Contract is approved by the Indian River County Board of County Commissioners,which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY .. .. S10�jF L/ .:Cyt;• ps*i By: —�.�• By!- Wesley y.Wesley S. Davis, Chairman, Board of (Co actor) Commissioners ti (CORPORATE SEA!) Joseph Af'�aird,County Administrator %:4NRIVfRG4 test APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold,County Attorney AddrL4 Iess for givin e��--� � A 4W �a- A �z Jeffrey R.Smith,Clerk of Court and CorWroll License No. G6-G i S 2-a 173 Attest (Where applicable) Deputy CIer - � R)�-rtic.v (SEAL) Agent for service of process: Designated Representative: Name: Roland DeBlois Designated Representative: Title: Chief,Environmental and Code Enforcement Name:_ A&M Vd pt^B+tee 180127`h Street Title: ►� Vero Beach, FL 32960 Address: (772)226-1258 J 0 Fax(772)978-1806 3 477.'�- Phone: qO-7 911- S Facsimile: qj-7 -8'J (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Page 6 of 6 181 Fo 2015015 - Head Island Bid Form Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island Bid#: 2015015 Bid Opening Date and Time: November 20, 2014 2:00 P.M. -B-WI Opening-t-acation: -Pur-ehasfn- -i i ion 180027 1h Street Vero Beach, FL 32960 The following addenda have been received and are hereby acknowledged: Addendum Number Date 2 UN¢ In accordance with all terms,conditions,specifications,and requirements,the Bidder offers the following. Task 1. Mobilization $ /01 000 2. Removal and disposal of fill, including proper siltation control $ Z�o� O00. 6v 3. Breaching of mosquito control dikes $ &z:> 4. Removal of Austrian pine and Brazilian Pepper trees $ /7i ADO 5. Installation of navigational/manatee protection signage $ Total Bid $ 701 600 - 10 00 . tk-v-"S�a" / P�� lu�� dP11AA,,4 Total Bid Price in Words Project completion time after receipt of"Notice to Proceed"or PO: 66 DAYS Contractor's License Numbers: CeC l S 2-o 173 F'&ie-4kA- Page 10 of 25 182 2015015-Head Island ;qmw� List similar project references: , k 54 qqw Tt i 4. yfi�1Yir O � (�jy'" �G�'L%W►'�' e�'I IS�G�yLGP .�,�Y�vr�'+I��7 {✓�S/� W G I 04 200 (P ��Ga�r� )� I��ik�, �),�e2�►�o W LGA-✓Y'R-si no P,; o� r;oua .lar► (� ob owu�es ��10,,��wre tti�+.�►�/etivt.P3 N Ire i�YJ fj nw� _fI. t" C -� �� r� - NI i Ice M i ke !z+ e d nes Ir�r'-�-ie— -t�,e- .. �- op e WW Naft."� N� W6Ole_� 1ee ov. The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: fiST '_D1 slas_� Company Address:-4- City, City, Statesa_'w� "I" ) FL Zip Code 7t1-epU nTe: t- 7" g� I r �5"S_ E-mail: I.h�o Cr -k' d Business Tax Receipt Number: �s�o I I I S03- FEIN Number: Authorized Signature: Date: Name: Title: (Type/ rinted) =Page I I of 35 183 2015015-Head Island Affidavit of Compliance '(Please-include this-Torm w'it'h yourVid) Indian River County Bid # 2015015 for Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island ❑ We DO NOT take exception to the Bid/Specifications. We TAKE exception to the Bid Specifications a p / p s follows: -('itfit�vte �'e-Y► "611 n.-d- -V be 4u�l� AU4,4tiu�< Al Lf V44,,tZ &� ma iq "e4 "t &i. -4v ir,,�u tom- �;vyr� ,oe4W`a.{- e Cc jeC A I-uA421 4 V0 b1e rLIO 71V Zvi u�A4a,�z& aW 'Aeth'o7U Company Name: Company Address: Telephone Number: Fax: W7-7_/ E-mail: i6 h) Authorized Signature: �— Date: Name: erorve" Title: M (Type Printed) — Page 12 of 25 184 2015015-Head Island SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2015015 for Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island 2. This sworn statement is submitted by: T�T _t�4 (Name of entity submitting Statement) whose business address is: q 2,v Cau-e-e Gut& ✓Ld (tel9" , rZ 2,t77a- and its Federal Employer Identification N//um'' ber(FEIN) is 3.. My namE is H?� W `fes VVl l9YL� (Please rint name of individual signing) and my relationship to the entity named above is M 61_11 � 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The-l. errr+ ,•affl�iate" rn�ltxcJes ttrvse off ers,fir ctors; exacta#ices; parr-3;sha frolders, employees, members, and agents who are active in the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, -husband,-wife,fa#;hwEr in4aw,tnot-Ker-in-law � —u&-tter-n4aw, 90n-in4aw; bra-t#e�r4n4aw,-si&t,-r- in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the Page 13 of 25 185 2015015 -Head Island r ►tY; acre anyreFa is sh ps-a-5-defined 11D5.=G8, tndian-#3fVeT°Caunt-i=1Code-, with am- County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship ore tity or employee ignatu-re) Ll 1 q- (Date) STATE OF COUNTY OF O S G G� L-- The foregoing instrument was acknowledged bef J�' /9 day of NOVr�PzG->'LZ p 1� b _ .PNI l� `v�11'I.d`✓�Pi y who is ersonally know to me or who has produced as iden i ication. NOTARY PUBLIC SIGN: f T: I't'l�i'1�-7-W) ; yP,&# s AMY M HARTMAN Notary Public, State at large z Notary Public-State of Fiorka My Commission Expires: My Comm.Expires Jun 14.2018 �''.;F,a��.•� Commission i FF 128672 (Seal) Page 14 of 25 186 Addendum#1—2015015—Head Island Improvements � giVElp Indian River County �. Purchasing,DMsfiOlr1 � 1800 27th Street y Vero Beach, FL 32960 — Phone (772) 226-1416 Fax (772) 770-5140 ADDENDUM NO. 1 Date: November 4, 2014 Project Name: Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island Bid Number: 2015015 Bid Due Date: November 20, 2014 at 2:00 pm This addendum addresses questions asked to date. Question 1. Page 7 of 25: Insurance Requirements, Longshoreman's— If we were to subcontract out the installation of the navigational/manatee protection signage, would we, as the prime contractor be required to carry Longshoremen's insurance provided that the subcontractor has it? Answer:The prime contractor is required to carry Longshoreman's Insurance. �Qraesbon-2. 'tlifhat-are the+iquidat:ed Damages-on t4*project? Answer: There are no liquidated damages for the project. Question 3. We noticed that the DEP permit drawings are stamped Oct 18, 2011 and the USACE drawings are dated 6/4/12. Are there any more recent or cleaner/more descriptive drawings available? Answer: There are no more recent drawings.The clearest drawings available are attached (Zamora & Associates Drawings, USACE numbered 2-12 of 13). Question 4. Are there any time limits when work cannot be performed? Answer: No. 187 Addendum #1—2015015—Head Island Improvements "This Addendum must be acknowledged by return of this form and/or where indicated on the Bid Form" All bids must be received in the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the Date and Time shown above. Late bids will be returned unopened. Company Name I 5E R!S� T-rtlg: (Type Printed) Authorized Signature: Date: /q' Telep:hone:: L�07 S Fay: LO-7' 011 188 Indian River County Purchasing Division A 180027 1h Street Vero Beach,. FL 32960 — Phone (772) 226-1416 Fax (772) 770-5140 ADDENDUM NO. 2 Date: November 12, 2014 Project Name: Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island S- 4KumbM. 2- Q Bid Due Date: November 20, 2014 at 2:00 pm This addendum addresses questions asked to date. "Questional. Wiltmechanical means of mulching pepper-trees and'AustraTian Pines be acceptable? Answer: Yes. Question 2. Will the shredded chips from the mulching be allowed to stay on site? Answer: Yes. Question 3. Is it the intention of the County for the Contractor to excavate from the water or by land? Answer: By water, unless it is feasible and more economical to excavate by land. Question 4. Will it be acceptable to spread the soil from the excavated breaches along portions of the berm/dike? Answer: Yes. Question S. Will trimming of mangroves be acceptable/permitted to access the site? Answer: Yes. Question 6. No vertical and horizontal survey control points are shown on construction plans. Will they -b-e--provMed-or wit!itbe-surveyo-rs-rxespons bil ty to°es-tabiish--coram!-points ff m-intljan4WveT'C-ount-y control marks (nearest control point appears to be 1.0 miles from site)? Answer: rite Coon y-wiaapmV.id-verticalznd=suraey control-poinU. 189 Addendum #t2—2015015—Head Island Improvements Question 7. No exact horizontal position is given. It appears that the intent is to match the existing physical conditions (i.e. existing channel and historical inlet). Or will exact horizontal position be given by X)-Y-,rmor-dirrai=essor°othaer-rneans=a Answer: The intent is to match existing physical conditions (existing channel and historic inlet). "This Addendum must be acknowledged by return of this form and/or where indicated on the Bid Form" All bids must be received in the Purchasing Division office locatedcn 32960 prior to the Date and Time shown above. Late bids will be returned 8u0 opened Street, Vero Beach, FL Company Name SfCS'k� kZ'0V Q F 4 Name: +'► W `f/l �— Title: (Type/ rinted) Authorized Signature: w�—" 14 ' L Date: Telephone: i 6)-7�� 1 ^ Me Fax: �� —009 I 0s 190 THE AMERICAN INSTITUTE OF ARCHITECTS Executed in 2 Counterparts 11 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we TSI Disaster Recovery, LLC 4130 Canoe Creek Road, St. Cloud, FL 34772 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and The Gray Insurance Company (Here insert full name and address or legal title of surety) PO Box 6202, Metairie, LA 70009-6202 a corporation duly organized under the laws of the State of LOUISIANA as Surety, hereinafter called the Surety, are held and firmly bound unto Indian River County Board of County Commissioners (Here insert full name and address or legal title of Owner) 1800 27th Street, Admin Bldg B, Vero Beach, FL 32960-3388 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ ---5%--- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) 2015015, Removal of Fill from Indian River Aquatic Preserve & Restoration of Head Island, NOW, THEREFORE, if the Obligee shalt accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 20th day of November 2014 TSI Disaster Recovery, LLC (Principal) (Witness) A---H n /a,., n (Seal) e Gra In rance Co (Srtal) (Witness) (Title) Don Bramlage, Attorney-in-F and Florida Licensed Resi t Agent AIA DOCUMENT A319• BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1733 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 t 191 ® Primed on Recycled Paper 9193 7,1119 0 1=101 11allollw1*11 1 1 i)1,J1.1 R 3 0 wgn�Wj gi 114Tlyll rOM00.1 lob / J � THE GRAY INSURANCE COMPANY, I _ j -THE GRAY CASUALTY&SURETY COMPANY C -J ri /1 •_ GENERAL POWER OF ATTORNEY J f V`i KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company, corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie, Louisiana,do hereby make,constitute,and in Susan L.Reich,Jeffrey W.Reich;Don Bramlage,Kim E.Niv,J.Gregory Mackenzie,4slie M.Donahue,Patricia L.Slaughter,and Teresa L.Durham of Daytona Beach,Florida jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in- Fact, to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety, contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty&Surety Company at meetings duly called and held on the 26`x'day of June, 2003. - "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company bonds,-undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attomey,and to attach the seal of the-Company;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such-Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in-the future when so affixed with regard to any bond,undertaking or,contract of surety to which it is attached. IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be herein4., affixed,and these presents to be signed by their authorized officers this September 12,2011. ; \�50RA4 By: Attest: ty a c� -r` „ SEAL Michael T.Gray Mark S.Mangano 1 SEAL 'moo yti� r President,The Gray Insurance Company Secretary, r •'" » and The Gray Insurance Company, y� I Vice President, The Gray Casualty&Surety Company he Gray Casualty&Surety Company State of Louisiana — 1 ss: Parish of Jefferson ; i On this September 12,2011,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company and Vice President of The Gray Casualty&Surety Company,,and Mark S.Mangano,Secretaarry�of The Gray Insurance Company and The Gray Casualty& • Surety Company,personally known to me,being duly sworn,acknowledged that thely,signed the above Power of Attorney an�affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntaryact and deed,of their companies. i i"f pTAq •ti�'z t Lisa S.Millar,Notary.Public,Parish of Orleans / ti+r. www rr��F State of Louisiana >•t of�oT;.m My Commission is for Life I,Mark S.Mangano,Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that the above and i forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and,effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this �Gr . day of lvlovt'�l�a- � .s u e A N s S E AL SEAL Mark S.Manguno,Secretary �y+� —• y, ? The Gray Insurance Company ``' .* �`" •*»» The Gray Casualty&Surety Company I , i 192 f AC"REP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YY1Y) `.,,.� 09/17/2014 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 Ef'Ri`S£;�i1�1 fti7E�Fc�'R�ID L R,WWDT33E-V�CATEfflO )ER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 CONTACT NAME: Lance Turck Amsley Insurance Services Inc PHONE (407)892-9645 ac N,: (407)892-7807 ADDRESS: @Y E-MAIL It amsle Insurance.com 16:17 13th St -INSURERS :Af-ORDINGCOVERAGE -NAIC.ill St Cloud FL 34769-4306 INSURER A:Colony Insurance Co 37130 INSURED INSURER 13:Integon National Insurance Co 01140 TSI Disaster Recovery,LLC. INSURER c:American Alternative Insurance Co 19720 INSURER D:Granite State Insurancato 23809 .4130 Canoe Creek Rd INSURER E:RLI Insurance Cc 13056 St Cloud FL 34772-7702 INSURER F:American Zurich Insurance Co COVERAGES 4CERT4FIGATE-NUMBER: -REVISION-NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN 1SSUED701"REINSURED'N`ANIED ABOVE70RTHE-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 TYPE OF INSURANCE ADDL B POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDD M/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY Dom ' 100,000 PREMISES Ea occurrence b CLAIMS MADE FRI-OCCUR -,MED-EKP(Any one:erson) .5,000 A X X TG3GLU0-0294600 '03tl 472014 0/141201`5 PERSONAL B ADV INJURY $ "MUM GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY EOMaBINEDISINGLE LIMIT S 1,000,000 ANY AUTO BODILY INJURY(Per person) b ALL OWNED SCHEDULED B AUTOS 1_�X_ AUTOS X 2001-298439 A5/29/2_014 "05/ 912015 BODILYJNJURY{Per.accdent) s NON OWNED -PROP.ERTYDAMAGEX HIRED AUTOS AUTOS Peraccident M S X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 C EXCESS LIAR CLAIMS-MADE X X 60A2FF0000254001 05/27/2014 03/14/2015 AGGREGATE $ DED I I RETENTION f $ WORKERS COMPENSATION I WC STATU- I ER 0TH- USLB,H InCiUded AND EMPLOYERS'LIABILITY y I N D DFFICERIMEMBERFJSCLUERI ECUTIVE F� NIA X WC1672405 07/01/2014 07/01/2015 E:L.-EACH ACCIDENT 5 1;000;0_00 (Mandatory ln'NH) -E.L:DISEASE-EATTWLO $ 1;000,-000 If yes,describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ 1,000,000 E Marine General Liability X X MRP0200036 07/01/2014 07/01/2015 Per Occ 1,000,000 Gen Agg 2,000,000 Protection and Indemnity 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WOTICE -WILL BE -DELIVERED -IN sAtACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE AGORD 25-(2010/05) ©1988-20'10AGORD3 CORPORATION. Alliights-reserved193 The ACORD name and logo are registered marks of ACORD Chan(- 7rder Number: 001 Removal of Fill frorTe -dian River Aquatic By: TSI Disaster R- wery Preserve and Resto.-don of Head Island Date: 3/t,"2015 Number of Unit Item Description Units Cost Total 1 Additional Mobilization 1 L.S. $ 7,680.00 Provide additional long reach excavator and push 2 boat 1 L.S. $ 159,880.00 Total: $ 167,560.00 Per Diem Rate $ 13,963.33 3w C7 m a W Mobilization Hrs. $/Hr. Total Transport Long Reach Excavator 32 $ 120.00 $ 3,840.00 Transport 22' Push Boat 32 $ 120.00 $ 3,840.00 Sub-Total Mobilization: $ 7,680.00 Additional Manpower to Dispose of Fill Number 12 Days Rate Labor Equipment Operators 2 120 $ 50.00 $ 12,000.00 Push Boat Operator 1 120 $ 50.00 $ 6,000.00 Laborers 2 120 $ 42.00 $ 10,080.00 Subcontract trimming of Mangroves $ 10,000.00 Sub-total: $ 38,080.00 Equipment Brage Mounted Excavator 1 120 $ 700.00 $ 84,000.00 Long Reach Excavator 1 120 $ 195.00 $ 23,400.00 22' Push Boat 1 120 $ 120.00 $ 14,400.00 $ 121,800.00 Total: $ 167,560.00 Cost per day= $ 13,963.33 Knight,McGuire&Associates,Inc. Consulting Engineers and Planners 80 Royal Palm Pointe, Suite 401 Vero Beach, Florida 32960 David S. Knight,P.E. Phone: (772)569-5505 Scott B.McGuire,P.E. Fax: (772)569-1455 March 4, 2015 Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement Section Indian River County 1801 27th Street Vero Beach, FL 32960-3388 RE: Head Island Channel Restoration Dear Mr. DeBlois, Per your request I have reviewed the project as it relates to construction costs. Because there is not enough upland area on the dikes to dispose of the material generated on site it will be necessary to remove the material by truck. I have coordinated with a local contractor in an effort to determine the most economical methods and to estimate the cost to complete the project. The methodology would include the loading of dump trucks on-site and delivering the material to a site off of the island. This will necessitate running approximately 100+ loads of material on Island Drive and then onto SR A1A. Careful measures will need to be taken to protect Island Drive pavement. The estimate is based on close coordination with local equipment operators and trucking companies and takes into consideration existing site conditions and methodologies. Estimated costs are as follows: 1. Excavation and trucking $ 80,000 2. Mobilization, turbidity barriers, maintenance of traffic and handwork $ 30,000 3. Demobilization, restoration, and clean up1$ 7,000 Total $127,000 Your budget number for project management, engineering, and contingencies could remain unchanged at $18,000. Thank you and I trust this information is helpful in your analysis. If you have any questions or need any additional information please do not hesitate to contact me. Cely, S` B. ui P.E. 112-0111channel restore est 030415 ATTACHMENT 4 196 AGREEMENT FOR CANCELLATION OF CONTRACT This Agreement for Cancellation of Contract, hereinafter "Agreement for Cancellation" dated this day of March, 2015 made by and between Indian River County, a political subdivision of the State of Florida, hereinafter "County", whose mailing address is 1801 27th Street, Vero Beach, FL 32960 and TSI Disaster Recovery, LLC, a Florida limited liability company, hereinafter "TSI", whose mailing address is 4130 Canoe Creek Road, St. Cloud, FL 34772. WITNESSETH: WHEREAS, the County advertised via the public bidding process for qualified companies to submit bids for a project entitled: "Removal of Fill from the Indian River Aquatic Preserve and Restoration of Head Island, Project No. 2015015"; and WHEREAS, TSI responded and was selected the lowest and most responsive, responsible bidder by the Board of County Commissioners on and entered into an Agreement to perform the work dated December 16, 2014 "Agreement"; and WHEREAS, TSI proceeded to mobilize their equipment to the site, remove exotic species from Head Island and install siltation control pursuant to the Agreement; and WHEREAS, circumstances have arisen such that the parties agree to terminate the December 16, 2014 Agreement with TSI being paid for work performed, and WHEREAS, the County is satisfied the work performed by TSI and the cancellation is of this Agreement is due to unforeseen circumstances and not for cause or breach of the Agreement. NOW THEREFORE, the County, and TSI, for the considerations hereafter set forth, agree as follows: 1. The above recitations are true and incorporated herein. 2. The Agreement between TSI and County dated December 16, 2014 is hereby canceled by mutual agreement of the parties. 3. TSI shall be paid the sum of $31,499.00 in full and final satisfaction for the satisfactory work performed in accordance with the Agreement. Signatures On Following Page _ CHMENT 5 197 IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Cancellation of Contract to be executed through their duly authorized signatories on the day and year last written below. TSI DISASTER RECOVERY, LLC BOARD OF COUNTY COMMISSIONERS A Florida Limited Liability Company INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman Its: Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller � By. Deputy Clerk Approved: J seph A., aird, County Administrator Approved as to Form d Legal Sufficiency: William K. DeBraal Deputy County Attorney 198 Consideration to Terminate Contract with TSI Disaster Recovery, LLC with Payment for Work Performed, and Alternatives for Head Island Channel Restoration Board of County Commissioners March 10, 2015 w INFORMAATWNA6 MAA NOTA SURVEY 1 Location Map L e '17, a �r Moorings Boat Channel , Area of Fill h ' r 3 Aerial LEGM W�MYyWaMCr.w A 0.0f r.Mg4 4�9�GA,+"K:YftU'8w +u'P#4.➢�.9am ta..Www 'l�bb wzay.4a.m < M 39 M.zapaWRa+� Mt+a,auGu Mg iflR1AMtS «,a..ex r Aurna9msun ,�a.w.�«.:Y,re.._.,-,�1�'"n'�"•.. c Rm so wtw xx:µCpAAYId ... sxNnxo ausx uw nEw A-1 ST.ONAD ANER NARNOR HOA Si7EERSIIONL2 I PeRWIT3iNG AAALICATION HEriiAND ARO/RCT tlERSi0N 1.2 lite N0.3L308938001 4EH0 MACH Fi F10URE N0.3 2 Costs / Funding (Estimate Presented at 8/19/14 BCC Meeting) Project Element Estimated FIND Cost . Christopher HarborCost (25%) Cost • Design&permitting $38,000 N/A N/A $38,000 Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization $115,000 $28,750 $51,625 $34,625 &construction Project mgt., $18,000 $4,500 $13,500 N/A engineering oversight, contingencies TOTAL $181,000 $35,750 $72,625 $72,625 County Funding Source: Florida Boating Improvement Fund reserves Costs / Funding (Estimate Presented at 8/19/14 BCC Meeting) Project • FIND Cost • Christopher •st (25%) Cost Harbor • Design&permitting $38,000 N/A N/A $38,000 Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization $115,000 $28,750 $51,625 $34,625 &construction Project mgt., $18,000 $4,500 $13,500 N/A engineering oversight, contingencies TOTAL $181,000 $35,750 $72,625 $72,625 County Funding Source: Florida Boating Improvement Fund reserves � a� - A- 3 Costs / Funding (12/16/14 - Based on TSI Disaster Recovery Bid) Project Element Estimated FIND Cost • Christopher •st (25%) Cost Harbor HOA . Design&permitting $38,000 N/A N/A $38,000 Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization $78,500 $19,625 $42,125 $16,750 &construction Project mgt., $18,000 $4,500 $13,500 N/A engineering oversight, contingencies TOTAL $144,500 $26,625 $63,125 $54,750 County Funding Source: Florida Boating Improvement Fund reserves Costs / Funding (12/16/14 - Based on TSI Disaster Recovery Bid) Project Element • FIND Cost • Christopher •st (25%) Cost Harbor • Design&permitting $38,000 N/A N/A $38,000 Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization $78,500 $19,625 $42,125 $16,750 &construction Project mgt., $18,000 $4,500 $13,500 N/A engineering oversight, contingencies TOTAL $144,500 $26,625 $63,125 $54,750 County Funding Source: Florida Boating Improvement Fund reserves l Ql-A- 4 TSI work completed CompletedTask Bid Price 1.Mobilization(includes demobilization) $10,000 2. Removal and disposal of fill,including proper $26,000 siltation control 3. Breaching of mosquito control dikes $22,000 4. Removal of Australian pine and Brazilian pepper $17,500 5. Installation of navigational/manatee $3,000 protection signage TOTAL $78,500 TSI work completed CompletedTask Bid Price 1.Mobilization(includes demobilization) $10,000 $5,000' 2.Removal and disposal of fill,including proper $26,000 $3,999 siltation control 3.Breaching of mosquito control dikes $22,000 4.Removal of Australian pine and Brazilian pepper $17,500 $17,500 5. Installation of navigational/manatee $3,000 protection signage TOTAL $78,500 $26,499 *Once demobilized, total cost for work completed: $31,499 iQ?-A-5 Channel area cleared Turbidity barriers deployed N Barge/excavation equipment deployed �k Silt screening of temporary staging areas 5> %� `a Vr Silt screening of temporary staging areas f � w R k Southern breach area cleared 7. "� ""�Si gip` •.`�.1r 4 Perimeter dike exotics treatment r, n � 1I k' .nil Ii "'iili I I Basil bark herbicide treatment F a jrj f E } ~ 4 Unforeseen circumstance: off-site disposal of fill ACOE and FDEP permit condition: "all fill generated shall be disposed of at an upland site." TSI bid based on assumption that Head Island dikes contain enough uplands for disposal ACOE field meeting (post-bid): not enough uplands on dikes to accommodate fill disposal Unforeseen circumstance: off-site disposal of fill TSI change order proposal for off-site disposal of fill: — $167,560 with per diem rate of $13,963, not including off-site trucking. — Change order would bring overall project total to more than $300,000, well beyond project budget. 43- A- 10 Unforeseen circumstance: off-site disposal of fill Engineer's estimate for land-based dredging and off-site disposal using small equipment: $127,000 — Would bring overall project total to $224,500 — Would require HOA cooperation for use of private road (Island Drive) for access and trucking Alternatives 1. Hold TSI accountable to contract bid price of$78,500 to finish work, despite unforeseen circumstance and contractor's cost; or 2. Approve TSI's change order proposal and substantially increase the funding scope of the project; or 3. Terminate the County's contract with TSI with payment for work performed, and discontinue any additional work, effectively ending the project; or 4. Terminate the contract with TSI with payment for work performed, and issue an RFP for completion of the job with off-site disposal, setting a county funding cap of 50% of project costs not to exceed $115,000. (This would require HOA authorization to use private road for trucking/off site disposal, and additional HOA funding contribution). Costs / Funding (Revised Based on TSI Payment for Work Performed and New RFP to Complete) Project . FIND Cost CountyChristopher •st (25%) Cost Harbor • Design&permitting $38,000 N/A N/A $38,000 Public boat landing $10,000 $2,500 $7,500 N/A TSI payment for $31,499 $7,874 $23,625 N/A work performed Channel/breach $127,000 $22,875 $65,626 $38,499 completion under RFP(engineer's estimate) Project mgt., $18,000 $2,501 $15,499 N/A engineering oversight, contingencies TOTAL $224,499 $35,750 $112,250 $76,499 Assumes County cap of 50%of project costs not to exceed$115,000 Staff Recommendation Staff recommends that the Board: — Terminate the agreement with TSI with payment for work performed ($31,499); — Set a County payment contribution cap at 50% of project costs, not to exceed $115,000; — Authorize staff to coordinate with St. Christopher Harbor HOA for authorization to use Island Drive and to obtain commitment for further funding; and — Authorize staff to issue an RFP to complete the work, contingent upon HOA cooperation and funding, or effectively end the project. !q$ �- 12 �giVER� Zosice Of 0311012011 INDIAN RIVER COUNTY *�LOR1Q'* ATTORNE' Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: February 25, 2015 SUBJECT: Quit Claim Deed for Blue Cypress Lake Stilt Houses Background: In 2012, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, (Trustees) filed suit against the owners of three stilt houses constructed offshore of Blue Cypress Lake. The suit alleges that the houses are built on sovereign submerged land owned by the State of Florida. The owners of the houses: Kim Blair, Jay & Carol Scott, and Charlie Cayson & Robert Tucker, have answered the lawsuit claiming the houses are not built on sovereign submerged lands rather they are on property owned by Indian River County. In most cases, the land lying underneath lakes, rivers, streams, lagoons and other bodies of water in Florida are claimed by the State as sovereign submerged lands. The claim dates back to when the early explorers claimed the land which is now Florida for the King of Spain. Claim to the submerged lands was passed on to the State after Florida became a state in 1845. In 1914, the area around Blue Cypress Lake was platted. A copy of the 1914 plat is attached to this memorandum. As you can see Lot L was created on the southwestern shore of the lake. In 1947, the owners of a portion of Lot L, B.L. and Dora Belle Holman conveyed the property to Indian River County with the condition that the property be used for recreational purposes. Later, Blue Cypress Lake Park was created and is now known as Joneal Middleton Blue Cypress Lake Park. Old Board of County Commissioner's minutes and aerial photography suggest that fishing shacks and camps existed on Blue Cypress Lake since a road was put in to gain access to the lake in the 1940's. Access to the shacks was made by boat and they were used as c ustic fishing shacks until the Hurricanes of 2004 and 2005. After suffering heavy damages in the PFOR�' .-. l0- � �no��� River co APPROVED A roveu � D4�- _ �._. Admin. J B.C.Q MEETING — R AGtNDA Legal Z Budget Z COUNTY ATTORNEY Risk MQr. _ 199 Blue Cypress Lake Stilt Houses February 25, 2015 Page 12 storms, the shacks were rebuilt as stilt houses with significant expansion and improvements to the point where they now resemble single family homes, not fishing shacks. The stilt house owners contend that the 1947 conveyance from the Holmans to the County included a strip of submerged lands where the houses are situated. The County Attorney's Office does not agree with this assertion. The deed into the County from the Holmans mentions nothing about submerged lands. Tracing title back to the 1914 plat, the plat clearly identifies the shore line of Blue Cypress Lake and depicts the lake as a separate lot, Lot K and no part of Lot L extends past the shoreline. The County has no interest in this property and wishes to avoid being ensnarled in the ongoing lawsuit. The attorneys for the Trustees have approached the County in an effort to keep the County from being joined in the lawsuit. They propose that the County execute the attached Quit Claim Deed in favor of the Trustees, thus eliminating any possible claim the County may have to ownership of the property and settling any dispute over whether the County owns the submerged lands upon which the stilt houses sit. Funding: There is no funding associated with this matter. Recommendation: In order to attempt to avoid litigation in this matter, the County Attorney's Office recommends the Board approve the Quit Claim Deed transferring all of the County's right, title and interest, if any, to the Trustees and authorize the Chairman to execute the Quit Claim Deed on the Board's behalf. c: Richard Malloy, on behalf of the Trustees Louis B. Vocelle, Jr. and Charlie Sullivan, Sr., co-counsel for Defendants 200 7-Z07 ............ ,o trod -mw THIS INSTRUMENT PREPARED BY: Division of State Lands Negotiations and Litigation Support Section Florida Department of Environmental Protection 3900 Commonwealth Blvd.,Mail Station 100 Tallahassee,Florida 32399 RETURN TO: Title and Land Records Section Florida Department of Environmental Protection 3900 Commonwealth Blvd.,Mail Station 108 Tallahassee,Florida 32399-3000 QUITCLAIM DEED THIS QUITCLAIM DEED made this day of 2015, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, party of the first part, whose post office address is 1801 27`h Street, Vero Beach, Florida 32960, and BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard,Mail Station 108, Tallahassee, Florida 32399-3000, party of the second part. WITNESSETH: That the said party of the first part, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other valuable consideration, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and quitclaimed, and by these presents does remise, release and forever quitclaim unto the said party of the second part, all the right, title, interest, claim and demand of the said party of the first part in and to the following described land,situate and being in the County of Indian River, State of Florida, to wit: See Exhibit"A"attached hereto and made a part hereof. TO HAVE AND TO HOLD the same, together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, to the only proper use,benefit and behoof of the said party of the second part. IN WITNESS WHEREOF, party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, a political subdivision of the State of Florida ATTEST: Jeffrey R. Smith, Clerk of By: Its Board of County Commissioners Court and Comptroller By: By: Wesley S. Davis, Chairman Deputy Clerk (OFFICIAL SEAL) APPROVED AS TO FORM AN FF1 ' ' IVC BY WILLI&M K.DE'RA L r UEttj tY COUNTY ATTORNEY 202 Page 1 of 2 EXHIBIT"A" All those lands lying waterward of the Ordinary High Water Line of Blue Cypress Lake in Indian River County, Florida and within that parcel described in that Warranty Deed recorded in Deed Book 47, Page 507, Public Records of Indian River County, Florida, as follows: "The North 800 feet of lot L of Fellsmere Farms Company's Subdivision of Township 32 South, Range 36 East, according to Plats filed in Plat Book 2, pages 18 and 21 of the Public Records of St. Lucie County, Florida." REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 203 Page 2 of 2 County Attorney's Matters-B.CC 3.10.15 v� Ofce of x INDIAN RIVER COUNTY ATTORNEY c Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 27, 2015 SUBJECT: City of Vero Beach-Indian River Shores-Indian River County Mediation Update BACKGROUND. On December 17, 2014, representatives from Indian River County (the "County"), the Town of Indian (w River Shores (the "Town") and the City of Vero Beach (the "City") attended a mediation under the Florida Governmental Conflict Resolution process as set forth in Chapter 164 of the Florida Statutes. At the end of the mediation, the representatives agreed to present to the governing bodies of each of the primary conflicting governmental entities an Interim Mediation Agreement containing the following terms: 1) The Town will abate its lawsuit until March 2, 2015; 2) The City will continue all of its ongoing efforts to reduce rates; 3) The City will allow the Town and County to begin evaluating appropriate means to provide electric service, including starting an RFP process for seeking a successor electric franchisee; 4) The County and Town will have the opportunity to participate in negotiations and discussions with OUC, FMPA and the various bondholders; and 5) The County will proceed forward at the Florida Public Service Commission ("PSC") with its Petition for Declaratory Statement("Petition"). The governing bodies of the County, City and Town all voted to approve the Interim Mediation Agreement. On February 18, 2015, the City of Vero Beach provided the Town and the County with an update report concerning the actions taken by the City since the December 17, 2104 mediation. Indian River Co. Awrlkved Date Approved for March 10,2015 BCC Meeting Admin. 31m)_5,1 County Attorney's MattersCo.Atty. Budget 2 Department ---- COUNTY ATTORNEY Risk Management F.Aiwrnry Linda'GENERAL19CCAgenda Ale E1rcmc Unhi PAfediarion Upd—(1)Adoc 204 ,A Board of County Commissioners February 27, 2015 Page Two On February 26, 2015, the Town voted, by a 3 to 2 vote, to continue the mediation process under the terms of the Interim Mediation Agreement and conduct another mediation session. The Town voted to continue to abate its lawsuit until May 15th and seek to set the next mediation session around May 1 st. As part of the motion the Town requested that the City, at the mediation session, provide details concerning the specific rate relief the City can offer and the timing of such relief. Since the County is a primary conflicting governmental entity in the process, the Indian River County Board of County Commissioners must decide whether to continue to participate in the Florida Governmental Conflict Resolution process under the terms of the Interim Mediation Agreement. The Interim Mediation Agreement does not impose any limitations on the County. By extending the duration of the Interim Mediation Agreement the County will have more time to evaluate appropriate means to provide electric service, and to participate in any negotiations and discussions with OUC, FMPA and the various bondholders. FUNDING. The costs of continuing to participate in the Florida Governmental Conflict Resolution process are to be split evenly between the primary conflicting governmental entities. The costs would include conducting an additional mediation session with the mediator, Carlos Alvarez. The funding for participating in the Florida Governmental Conflict Resolution process will come from MSTU Fund/Cash Forward. RECOMMENDATION. The County Attorney recommends that the Board vote to continue to participate in the Florida Governmental Conflict Resolution process under the terms of the Interim Mediation Agreement and authorize the Chair to sign any documents necessary to effectuate this continued participation. ATTACHMENTS. Interim Mediation Agreement February 18, 2015 City of Vero Beach Update Report (W F:Ano.ydindoiGEXEJULB CC_Sg—&Alemor':V—Hc Uldiryd11&.fi nCplorr(2).doc 205 INTERIM MEDIATION AGREEMENT THIS AGREEMENT is made this l e Cn day of January, 2015 by and between the Town of Indian River Shores(the"Town"), Indian River County(the "County"), and the City of Vero Beach (the"City", and collectively, the "Parties"). WHEREAS, the respective representatives of the "Town,the County, and the City participated on December 17, 2014 in a mediation session (the"Mediation") pursuant to the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes;and, WHEREAS,the respective Mediation representatives for the"Town, the County,and the City agreed to recommend to their respective governing bodies to approve certain terms discussed at the Mediation which would involve an agreement by the Town to continue to abate the lawsuit brought by the Town against the City, Circuit Court Case No. 312014 CA 000748, in the Nineteenth Judicial Circuit in and for Indian River County(the"Lawsuit"), so that the Parties can further evaluate and explore options to resolve the conflicts between them. NOW,THEREFORE,the Parties, in consideration of the mutual benefits contained herein, agree as follows: 1. The Town will continue to abate the Town's lawsuit until Monday, March 2, 2015. 2. Without waiving its position that neither the Town nor the County may take any action, either before or after the expiration of their respective franchise agreements with the City, that would terminate or in any way impair the City's right, obligation, or ability to operate its electric utility system and/or provide retail electric service in its service territory approved by orders of the Florida Public Service Commission,the City will not object to either the Town or the County conducting, as contingency planning for the possibility that they might prevail in the Lawsuit or related litigation, evaluations of alternatives for the Town or the County to provide for,or to arrange for the provision of, electric service to their respective citizens upon expiration of their respective electric utility franchise agreements with the City. In this regard,the City will not object to the Town or the County issuing requests for proposals to, or otherwise communicating with,other potential electric utility providers, including but not limited to Florida Power& Light Company ("FPL"), with respect to any such alternatives. 3. On or before January 8, 2015,the City, Town and County will enter a separate agreement with FPL, if FPI.,consents, acknowledging that the Town's and the County's discussions with such potential providers would not be treated as a breach of,or interference with, the existing contract that the City has with FPL to sell the City's electric utility to FPL or any other agreement between the City and FPL. . 4. The City will continue to diligently explore options to lower electric rates, which activities and options include, but are not limited to, the following: a. Working with FPL,, the Orlando Utilities Commission ("OUC"),the Florida Municipal Power Agency ("FMPA"), bond trustees and others to effectuate the sale of the City's electric utility system to IPL. In this regard, the City will ask 206 FPL, OUC, FMPA, the bond trustees, and if needed others to consent to allowing representatives of the Town and the County to attend such discussions; b. Negotiating with OUC and FMPA toward reducing the City's costs under its long-term power supply arrangements with those utilities. In this regard, the City will ask OUC and FMPA to consent to allowing repwesentatives of the Town and the County to attend such discussions; c. Completing the Rate Study, which includes a cost-of-service study and evaluations of other financial and rate measures, with Public Resources Management Group, Inc.; d. Conducting and completing the anticipated study of the Vero Beach Electric Utility system with respect to efficiency, optimization, and potential cost-saving measures, which study is expected to begin in January 2015 and expected to be completed in the summer of 2015; and e. Continuing the City's efforts to identify and implement additional cost control and cost reduction measures to bring lower electric rates to its customers. 5. The City will continue to pursue conducting a referendum on the creation of an independent utility authority, and will agree to work in good faith with the Town and the County to reach agreement on the details of that authority, including its powers, structure,and composition. 6. No later than February 18, 2015, the City will provide the Town,the County and the mediator with a report on the status of efforts to lower rates (including but not limited to the status of its efforts to sell its electric utility system to FPL) and to create an independent utility authority. This report will be provided by the City. 7. This Agreement shall not preclude the County from moving forward with its petition for declaratory statement in Docket No. 140142-EM, which is currently scheduled to be considered by the Florida Public Service Commission on February 3, 2015. 8. Unless the Town and the City agree otherwise to continue abatement of the lawsuit, and following declaration of impasse by the Mediator with respect to the Town and the City,the Town will file an unopposed motion to lift the abatement of the lawsuit no earlier than March 2,2015. [Signatures on following page] 2 207 L' On behalf of the Tow Signature: ��Ja Name: � �� W4 4 V Ie-,p Date: �5 On behalf of the County: Signature: Name: Date: On behalf of the C' Signature: Name: Date: 3 208 (W Gardner, Bist, Wiener, GBW Bowden, Bush, Dee, LaVla & Wright, P.A. A7 ORNEYS AT!AW Michael P. Bist 1300 Thomaswood Drive Bruce 1.Wiener" Garvin B. Bowden" Tallahassee, Florida 32308 Wendy Russell Wiener Benjamin B. Bush Bedford Wilder David S. Dee www.gbwlegal.com Robert Scheffel"Schef Wright Erin W. Duncan Charles R.Gardner Telephone Facsimile John T. LaVia. III 850-385-0070 850-385-5416 "ted C-AW Rew F-tate L—ver February 18, 2015 BY ELECTRONIC MAIL ONLY Carlos Alvarez, Esquire 847 East Park Avenue Tallahassee, Florida 32301 Re: The City of Vero Beach's Update Report Dear Carlos, On behalf of the City of Vero Beach, and pursuant to the Interim Mediation Agreement ("Agreement" ) executed by the parties to the mediation in early January 2015, I submit this update report on the subjects identified in the Agreement. (A copy of the Agreement, as executed by Mayor Winger, is included here as Appendix A. ) Copies are being furnished to all parties as indicated on the last page of this report. The order of this report follows the order in which subjects were addressed in the Agreement . A. Working Toward Sale of the Vero Beach Electric System to FPL Pursuant to section 4 .a of the Agreement, I wrote letters to OUC and FPL requesting a meeting to discuss possible ways to move forward with the sale of the Vero Beach electric utility system to FPL, and followed up those letters with electronic mail communications similarly requesting a meeting or conference call . I also discussed the City's request directly with FMPA's general counsel and deputy general counsel . FMPA responded that they would be willing to participate in such discussions if and when the City, FPL, and OUC have a definitive proposal that is compliant with the City's contracts with FMPA. (Although I asked for consent that representatives of the Town of Indian River Shores and Indian River County be allowed to participate, I received no response to that request. ) After some 1 210 follow-up communications with FPL and OUC, the three parties, i .e. , the City, FPL, and OUC had a conference call on Friday, February 13 , 2015 to discuss the prospects . Copies of correspondence, including emails, documenting these efforts are included in Appendix B. A memorandum comprising my notes from that conference call is included in Appendix B. As indicated, no party had any novel suggestions for how to move the proposed sale forward. Regarding participation by the Town and the County, since I had not received consents, and since the subject conference call came together just before the date on which it was convened, they were not invited to participate. B. Negotiating with FMPA and OUC Toward Reducing Power Supply Costs Pursuant to section 4 .b of the Agreement, I sent letters to OUC and FMPA, and also to FPL as explained below, requesting meetings to discuss ways in which FMPA might be able to lower its power supply costs to Vero Beach under the contracts for the Stanton Project, the Stanton II Project, and the St. Lucie Project. I invited FPL because the St. Lucie Project is one of the City's major power supply contracts . I also asked that FPL, OUC, and FMPA consent to allow representatives of the Town and the County to participate. I received no response to the requests to consent to Town and County participation. Ultimately, after following up with emails and telephone calls, I received the message from FMPA that they are unable to schedule a meeting until after February 20. (My understanding and belief are that FMPA staff have been devoting most of their time to responding to the preliminary report of the Auditor General, of which you are probably aware. ) The correspondence and emails relating to these efforts are also included within Appendix B. C. Completing the Rate Study On November 10, 2014, the City executed the contract for the Rate Study with Public Resources Management Group, Inc. ( "PRMG") for the Rate Study. A copy of the PRMG contract is attached to this update report as Appendix C. As of February 11 (last Wednesday) , the City expects that PRMG will provide a draft report and recommendations to the Vero Beach Utility Commission for discussion at that body's public meeting on March 17, 2015 . This will be an initial recommendation regarding rate sufficiency and rate structure for current costs and the `status quo' and will not include the potential rate impact of any cost reductions based on renegotiation of power supply contracts or the results of the optimization study. (See below for discussion of the status of the City's discussions with OUC and also the status of the "Electric Utility System Study, " which we commonly refer to as the "Optimization Study. " ) 2 211 D. Conducting and Completing the Vero Beach Electric Utility System Study On February 9, 2015, the City executed the contract for the Electric Utility System Study (Optimization Study) with PowerServices, Inc. , and work has begun. A copy of the PowerServices contract is attached to this update report as Appendix D. As indicated in the PowerServices contract, the scope of work includes several subjects or task areas, including Generating Site Options, Transmission and Distribution Planning, Resource Adequacy, Other Optimization Strategies, and developing revisions to the City's Pole Attachment Agreement, including a rate analysis . These task areas are projected to be concluded between April 10 (the Generation Site Options component) and November 9, 2015 (the Transmission and Distribution Planning component) . E. Continuing Efforts to Reduce Rates City Staff and their consultant, William H. Herrington, P.E. , have continued discussions with OUC toward refining the estimated costs and details of potential power supply arrangements for Vero Beach's long- term bulk power supply. Mr. Herrington works extensively in the Florida bulk power supply market . Alternatives studied include (1) a base case of performing the existing OUC Power Purchase Agreement ( "PPA") as it exists; (2) canceling the existing OUC PPA and relying solely on the Florida bulk power market starting on January 1, 2016; (3) accepting the "discussion points" proposed by OUC to the City on November 25, 2014, and (4) accepting the "discussion points" proposed by OUC on October 20, 2014 . The most recent meeting with OUC was on February 12, 2015, in Orlando. Following that meeting, Mr. Herrington prepared additional analyses, which are discussed in the memorandum packet that was presented to the Vero Beach City Council on Tuesday, February 17, 2015. A copy of that memo packet is attached to this update report as Appendix E. In summary, Mr. Herrington recommended that, considering all relevant risks and uncertainties, the City should proceed to negotiate a new agreement or agreements with OUC based on OUC's November 25, 2014 discussion points . At its meeting on February 17, 2015, the City Council directed Staff to present Mr. Herrington's recommendation to the City's Utility Commission and Finance Commission, both of which are scheduled to meet on March 12, after which the matter is expected to be addressed at the City Council meeting on March 17, 2015 . C 3 212 F. Pursuing a Referendum and Utility Authority Regrettably, numerous other significant and time-consuming activities facing the City electric system have precluded meaningful progress on this item. Those additional activities have included, and continue to include: (1) continuing discussions with OUC and evaluating the long-term power supply options available to the City; (2) defending the City' s interests before the Florida Public Service Commission in adverse litigation with Indian River County; and (3) considering the implications of the Florida Auditor General 's preliminary and tentative audit report regarding FMPA and how the City can act in response thereto so as to best improve FMPA for the benefit of the City, the City's customers, and ultimately all of the retail customers who receive power from FMPA Another Mediation Session As you mentioned at our mediation session on December 17, the City would support having another mediation session with all parties, if the Town and the County would like to have such a meeting. If you have any questions, please call me any time. Cordially yours, Robert Scheffel W t Counsel for the City of Vero Beach COPIES: Members of the Vero Beach City Council James R. O'Connor, City Manager Wayne R. Coment, City Attorney Bruce May, Esquire Chester Clem, Esquire Dylan Reingold, Esquire Floyd Self, Esquire 4 213 • APPENDIX A INTERIM MEDIATION AGREEMENT O 214 INTERIM MEDIATION AGREEMENT THIS AGREEMENT is made this (10 cn day of January,2015 by and between the Town of Indian River Shores(the"Town"), Indian River County(the"County"),and the City of Vero Beach (the "City", and collectively,the"Parties"). WHEREAS,the respective representatives of the Town, the County,and the City participated on December 17,2014 in a mediation session(the"Mediation")pursuant to the Florida Governmental Conflict Resolution Act,Chapter 164, Florida Statutes;and, WHEREAS,the respective Mediation representatives for the Town, the County,and the City agreed to recommend to their respective governing bodies to approve certain terms discussed at the Mediation which would involve an agreement by the Town to continue to abate the lawsuit brought by the Town against the City, Circuit Court Case No. 312014 CA 000748, in the Nineteenth Judicial Circuit in and for Indian River County(the"Lawsuit"), so that the Parties can further evaluate and explore options to resolve the conflicts between them. NOW,THEREFORE,the Parties, in consideration of the mutual benefits contained herein,agree as follows: 1. The Town will continue to abate the Town's lawsuit until Monday, March 2, 2015. 2. Without waiving its position that neither the Town nor the County may take any action,either before or after the expiration of their respective franchise agreements with the City, that would terminate or in any way impair the City's right, obligation, or ability to operate its electric utility system and/or provide retail electric service in its service territory approved by orders of the Florida Public Service Commission,the City will not object to either the Town or the County conducting,as contingency planning for the possibility that they might prevail in the Lawsuit or related litigation,evaluations of alternatives for the Town or the County to provide for, or to arrange for the provision of,electric service to their respective citizens upon expiration of their respective electric utility franchise agreements with the City. In this regard,the City will not object to the Town or the County issuing requests for proposals to,or otherwise communicating with,other potential electric utility providers, including but not limited to Florida Power& Light Company("FPL"),with respect to any such alternatives. 3. On or before January 8,2015,the City,Town and County will enter a separate agreement with FPL, if FPL consents,acknowledging that the Town's and the County's discussions with such potential providers would not be treated as a breach of, or interference with,the existing contract that the City has with FPL to sell the City's electric utility to FPL or any other agreement between the City and FPL. 4. The City will continue to diligently explore options to lower electric rates, which activities and options include, but are not limited to,the following: a. Working with FPL,the Orlando Utilities Commission ("OUC"),the Florida Municipal Power Agency("FMPA"),bond trustees and others to effectuate the sale of the City's electric utility system to FPL. In this regard,the City will ask 215 FPL, OUC, FMPA,the bond trustees, and if needed others to consent to allowing representatives of the Town and the County to attend such discussions; b. Negotiating with OUC and FMPA toward reducing the City's costs under its long-term power supply arrangements with those utilities. In this regard,the City will ask OUC and FMPA to consent to allowing representatives of the Town and the County to attend such discussions; c. Completing the Rate Study,which includes a cost-of-service study and evaluations of other financial and rate measures, with Public Resources Management Group, Inc.; d. Conducting and completing the anticipated study of the Vero Beach Electric Utility system with respect to efficiency,optimization,and potential cost-saving measures,which study is expected to begin in January 2015 and expected to be completed in the summer of 2015; and e. Continuing the City's efforts to identify and implement additional cost control and cost reduction measures to bring lower electric rates to its customers. 5. The City will continue to pursue conducting a referendum on the creation of an independent utility authority,and will agree to work in good faith with the Town and the County to reach agreement on the details of that authority, including its powers, structure,and composition. 6. No later than February 18, 2015,the City will provide the Town,the County and the mediator with a report on the status of efforts to lower rates(including but not limited to the status of its efforts to sell its electric utility system to FPL)and to create an independent utility authority.This report will be provided by the City. 7. This Agreement shall not preclude the County from moving forward with its petition for declaratory statement in Docket No. 140142-EM,which is currently scheduled to be considered by the Florida Public Service Commission on February 3, 2015. 8. Unless the Town and the City agree otherwise to continue abatement of the lawsuit,and following declaration of impasse by the Mediator with respect to the Town and the City,the Town will file an unopposed motion to lift the abatement of the lawsuit no earlier than March 2, 2015. [Signatures on following page] ® 2 216 On behalf of the Town: Signature: Name: Date: On behalf of the County: Signature: Name: Date: On behalf of the C' Signature: Name: Date: ® 3 217 APPENDIX B CORRESPONDENCE AND RELATED MATERIALS RELATING TO CITY EFFORTS TO PURSUE ELECTRIC SYSTEM SALE TO FPL AND TO SEEK LOWER COSTS FOR FMPA POWER SUPPLY PROJECTS 218 Gardner, Bist, Wiener, GBW Bowden, Bush, Dee, LaVia & Wright, P.A. AMRNEYS AT LAW Michael P.Bist 1300 Thomaswood Drive Bruce 1.Wiener" Garvin B. Bowden" Tallahassee, Florida 32308 Wendy Russell Wiener Benjamin B. Bush Bedford Wilder David S. Dee www.gbwlepl.com Robert Scheffel`Schee' Wright Erin W. Duncan Charles R.Gardner Telephone Facsimile John T. LaVia, III 850-385-0070 850-385-5410 "B—d c-NUd Raw Botat•L-wr January 22, 2015 W. Christopher Browder, Esquire Vice President and General Counsel Orlando Utilities Commission Reliable Plaza at 100 West Anderson Street Post Office Box 3193 Orlando, Florida 32802 R. Wade Litchfield, Esquire General Counsel Florida Power&Light Company 700 Universe Boulevard Juno Beach,Florida.33408-0420 Re: Request for Meeting to Explore Possible Methods of Consummating Purchase of the i Vero Beach Electric Utility System by Florida Power& Light Company Dear Mr. Browder and Mr. Litchfield: I write to you today in furtherance of the City of Vero Beach's ongoing efforts to reduce electric rates for our customers. As you know, the City is presently involved in civil litigation with the Town of Indian River Shores in the Circuit Court in and for Indian River County. Pursuant to the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, the Town's lawsuit is currently in abeyance while the parties pursue a mediated resolution of their disputes. Indian River County has joined the Chapter 164 dispute resolution processes as an additional "primary conflicting governmental entity." The throe parties, i.e., the City, Indian River Shores, and Indian River County, participated in a mediation session on December 17, 2014, the outcome of which was the execution of an Interim Mediation Agreement. Pursuant to this Agreement, among other things, the City agreed to continue working with your respective companies, and others, toward finding a way to effectuate the sale of the 219 City's electric system to FPL. Having considered the matter, it seems to us that the best way to proceed is for the City, FPL, and OUC to meet before attempting to involve FMPA and representatives of the bond entities (i.e., bond counsel, trustee, and so on). We believe this to be best because of the significant additional costs that would be incurred to have the bond entities' attorneys involved, with the additional expenses associated with travel time to Florida. It seems to us that, if we can find a conceptual way to consummate the sale/purchase, we would then arrange a meeting with FMPA and the bond entities. Accordingly, I ask you to let me know, as soon as possible,whether you and appropriate representatives of your respective companies can be available to meet on any of the following dates: January 27-30, and February 6, 9-13. While we think a face to face meeting would be best, a conference call might also work, and should offer additional flexibility as to timing. In addition to the above dates, we could be available for a conference call on the following dates: February 2. 4, and 5. Please advise me of your willingness and ability to meet, or participate in a conference call, on any of the above dates. I will appreciate a reply at your earliest convenience. Time is of the essence. Additionally, I request that each of you consent to allow representatives of the Town of Indian River Shores and of Indian River County to attend and participate in any such meeting or conference call. Thank you very much for your consideration. If you have any questions,please call me any time. Cordially yours, Robert Scheff right Gardner, Bist, Wiener, Bowden, Bush,Dee, LaVia& Wright, P.A. Attorneys for the City of Vero Beach Copies: Chester Clem, Town Attorney,Indian River Shores D. Bruce May, Special Counsel, Indian River Shores Dylan Reingold, County Attorney, Indian River County Floyd R. Self, Esquire Wayne R. Coment, City Attorney,City of Vero Beach 2 I 0 s 220 Gardner, Bist, Wiener, GBWBowden, Bush, Dee, LaVIa & Wright, P.A. AMRNEY.S AT uW Michael P. Bist 1300 Thomaswood Drive Bruce I.Wiener" Garvin B.Bowden" Tallahassee, Florida 32308 Wendy Russell Wiener Benjamin B.Bush Bedford Wilder David S. Dee www.gbwk%al.com Robert Scheffel'Schef Wright Erin W.Duncan Charles R. Gardner Telephone Facsimile John T. LaVia,III 850-385-0070 850-385-5416 —&—d Caey-d Rew Estate L—,&wr January 22, 2015 Nicholas P. Guarriello, CEO and General Manager Frederick M. Bryant, General Counsel Florida Municipal Power Agency 8553 Commodity Circle Orlando, Florida 32819-9002 Re: Request for Meeting to Discuss Ways of Reducing Wholesale Power Supply Costs for the City of Vero Beach Dear Mr. Guarriello and Mr.Bryant: I write to you today in furtherance of the City of Vero Beach's ongoing efforts to reduce electric rates for our customers. As you know, the City is presently involved in civil litigation with the Town of Indian River Shores in the Circuit Court in and for Indian River County. Pursuant to the Florida Governmental Conflict Resolution Act, Chapter 164,Florida Statutes, the Town's lawsuit is currently in abeyance while the parties pursue a mediated resolution of their disputes. Indian River County has joined the Chapter 164 dispute resolution processes as an additional `primary conflicting governmental entity." The three parties, i.e., the City, Indian River Shores, and Indian River County,participated in a mediation session on December 17,2014, the outcome of which was the execution of an Interim Mediation Agreement. Pursuant to this Agreement, among other things, the City agreed to meet with your Agency to discuss and negotiate,to the extent possible, ways of reducing the City's wholesale power supply costs that we incur through our participation in the Stanton Project, the Stanton H Project, and the St. Lucie Project. Of course, we understand that FMPA's ability to control the costs incurred for those Projects is limited because the operators and primary owners of the power plants are other utilities, i.e., the Orlando Utilities Commission and Florida Power 8t Light Company. Even so, we would like to meet with you, and any other representatives of FMPA whom you deem appropriate,as soon as possible to discuss whatever cost-reduction opportunities may exist. 221 Accordingly, I ask that you let me know, as soon as possible, whether appropriate representatives of your Agency can be available to meet on any of the following dates: January 27-30 and February 6, 9-13. While we think a face to face meeting would be best, a conference call might also work, and should offer additional flexibility as to timing. In addition to the above dates,we could be available for a conference call on the following dates: February 2. 4, and 5. Additionally, I request that each of you consent to allow representatives of the Town of Indian River Shores and of Indian River County to attend and participate in any such meeting rt or conference call. Please advise me of your willingness and ability to meet, or participate in a conference call,on any of the above dates. I will appreciate a reply at your earliest convenience. Time is of the essence. Thank you very much for your consideration. If you have any questions,please call me any time. Cordially yon, Robert Schcffe right i Gardner,Bist, Wiener, Bowden,Bush,Dee, LaVia& Wright, P.A. Attorneys for the City of Vero Beach Copies: Chester Clem, Town Attorney, Indian River Shores D. Bruce May, Special Counsel, Indian River Shores Dylan Reingold, County Attorney, Indian River County Floyd R- Self, Esquire Wayne R. Coment, City Attorney, City of Vero Beach 2 222 Schef Wright From: Schef Wright Sent: Thursday, January 22, 2015 3:43 PM To: Browder, Chris(CBrowder@ouc.com); 'Wade.Litchfield@fpl.com'; Bryan, Patrick (Patrick.Bryan@fpl.com) Cc: CClem@chesterclem.com; bruce.may@hklaw.com; 'Dylan Reingold' (dreingold@ircgov.com); 'floyd_self@gshllp.com'; Coment, Wayne (WComent@covb.org) Subject: Vero Beach's Request for Meeting Attachments: OUC-FPL Meeting Request.01-22-2015.pdf Dear Chris, Wade, and Pat— Please see the attached letter, in which I ask,on behalf of the City of Vero Beach,for a meeting in which we can discuss whether there may be a possible way forward to effectuate the sale/purchase of the City's electric system by FPL. I look forward to hearing from you, and to seeing you again soon. All the best, Schef 223 Schef Wright From: Schef Wright Sent: Thursday,January 22, 2015 3:43 PM To: Fred Bryant(Fred.Bryant@fmpa.com);Jody Finklea (Jody.Finklea@fmpa.com); 'Nick.Guarriello@fmpa.com' Cc: CClem@chesterclem.com; bruce.may@hklaw.com; 'Dylan Reingold' (dreingold@ircgov.com); 'floyd_self@gshllp.com';Coment,Wayne (WComent@covb.org) Subject: Vero Beach's Request for Meeting Attachments: FMPA Meeting Request.01-22-2015.pdf Dear Nick, Fred,and Jody— Please see the attached letter, in which I ask,on behalf of the City of Vero Beach,for a meeting in which we can discuss whether there may be ways,within the framework of our existing Project Contracts and FMPA's other contracts relating to the Stanton, Stanton II,and St. Lucie Projects,by which we may be able to reduce Vero Beach's wholesale power costs. I look forward to hearing from you,and to seeing you again soon. All the best, Schef 1 224 Schef Wright From: Schef Wright Sent: Thursday,January 22, 2015 3:57 PM To: 'Dylan Reingold' Cc: 'Floyd R. Self; 'Coment, Wayne (WComent@covb.org)'; bruce.may@hkiaw.com; chesterc@chesterclem.com; cclem@chesterclem.com;ca.alvarez@embargmail.com;lay LaVia Subject: RE: FMPA Meetings Good afternoon, Dylan— Probably by the time you receive this email,you will have received copies of the emails transmitting the City's requests: (1) to OUC and FPL for a meeting to discuss possible ways to effectuate the sale/purchase of the City's electric system, and (2)to FMPA for a meeting to discuss ways by which we may be able to reduce the City's wholesale power supply costs. I'm sending you this email separately—copying all recipients of your email to me—to give you a bit of additional information. I got home just before 1AM on Tuesday night, and yesterday, I drafted the letters that I just sent; Wayne reviewed them this morning, and I sent them this afternoon. The reason that we decided not to seek a meeting with the FMPA bond entities at this time is that for them to attend would likely involve costs for attorneys for those bond entities that would come to something on the order of$2,000- $3,000 per hour or more. In light of that fact, the City believes that it would be unreasonable and imprudent to spend I City funds for such costs UNTIL we determine whether there is at least a conceptual path forward, and identifying any such paths is the goal of the meeting that we have requested of OUC and FPL. Responding to your earlier question/request, the City certainly has no objection to the County setting up meetings with the bond entities on its own, but at this juncture,the City is not willing to expose its electric customers to such additional expense until we know that there would be substantive justification for doing so. If you have any questions,feel free to call me any time. All the best, Schef From: Dylan Reingold mailto:dreingold(&ircg-ov.comj Sent:Thursday, January 22, 2015 8:05 AM To: Schef Wright Cc: 'Floyd R. Self; 'Coment, Wayne (WComent(&covb org)'; bruce may@ klaw.com; chesterc(&chesterclem.com; cclem(Ochesterclem.com; ca alvarPz(&Pmbaramail.com Subject: RE: FMPA Meetings Mr. Wright, Good morning, sir! As a follow-up to my email from last Wednesday, do you have a reply with respect to my inquiry concerning meetings with FMPA or representatives of the bondholders? i 225 Also, you mentioned to the City of Vero Beach City Council on Tuesday evening that you were working on scheduling a meeting with FPL and OUC and that you would request their consent for the Town and County to be present. Please keep me in the loop as soon as you can with respect to attending any such meeting. Thank you very much! Have a wonderful day! Dylan From: Dylan Reingold Sent: Wednesday, January 14, 2015 4:53 PM To: 'Schef Wright; Coment, Wayne (WComent(&covb.ora) Cc: 'Floyd R. Self Subject: FMPA Meetings Gentlemen, Consistent with statements made throughout the Chapter 164 mediation process and language of the Interim Mediation Agreement, I believe it would be helpful for Indian River County to have conversations with FMPA and representatives of the bondholders. Has the City scheduled any meetings with FMPA or representatives of the bondholders? If so, has there been any consent for the County to attend such meetings? Finally,would the City object to the County scheduling its own meetings with such entities? Thank you very much! Dylan 2 226 Schef Wright From: Schef Wright Sent: Friday, January 23, 2015 6:21 PM To: 'bruce.may@hklaw.com'; dreingold@ircgov.com Cc: Floyd_Self@gshllp.com,-WComent@covb.org,- chesterc@chesterclem.com,- cclem@chesterclem.com; ca.alvarez@embargmail.com; Jay LaVia; Fred Bryant (Fred.Bryant@fmpa.com); Jody Finklea (Jody.Finklea@fmpa.com) Subject: RE: FMPA Meetings Good evening, Bruce— First, I apologize that I wasn't able to respond earlier in the day today, but it was "one of those days" - reminiscent of the old one-liner that when you're up to your belly-button in alligators, it's hard to remember that you came to drain the swamp!!! Anyway, regarding our commitments under the Interim Mediation Agreement and the letters that I sent yesterday, here is the situation. We take our commitments to you, the County, and Carlos most seriously, and with respect to our efforts to find a path forward toward closing a sale/purchase of the City's electric system to FPL, here is what I/we have done in fulfillment of those commitments. Before sending the letters, discussed the prospects for that meeting with FMPA representatives, including the concept that the meeting would include FMPA as well as the City, FPL, and OUC (and the Town and County, subject to the other participants' consents). FMPA's indication —which I believe is reasonable under the circumstances—was and is that there is no value in FMPA being in such a meeting unless the 3 "principals" —i.e., the City, FPL, and OUC have reached some tentative agreement on a business model for the transaction to which FMPA could then respond. FMPA assured me that they would promptly make themselves available for such a meeting or meetings if there is something tangible and meaningful to talk about. In this light,then, I only requested the meeting to explore ways to effectuate the sale with OUC and FPL, at this time, with every intention of seeking a prompt meeting with FMPA if the 3 principals can come up with something to talk about. And Dylan is correct that the issue of how to possibly push the sale/purchase forward is ever-present in my mind, and that FMPA is aware of this, but frankly, since no one has been able to come up with any practicable idea for doing so, it is also true that when I talk with FMPA, we generally don't touch on it, other than to confirm that FMPA is ready, willing, and able to discuss and help if and when a practicable business model has been identified. I hope you have, and that everyone else also has, a great weekend! Feel free to call or email me any time, and I look forward to talking with you soon. All the best, Schef rt From: bruce.may@hklaw.com [ma ilto:bruce.may@hklaw.com] Sent: Friday, January 23, 2015 7:57 AM i 227 To: Schef Wright; dreingo►d@ircgov.com Cc: Floyd_Self@gshlip.com; WComent@covb.org; chesterc@chesterclem.com; cclem@chesterc►em.com; ca.aivarez@embarqmail.com; Jay LaVia Subject: RE: FMPA Meetings Good morning Schef. I'm a bit confused. In paragraph 4.a. of the Interim Mediation Agreement,the City agreed to continue "Working with ... the Florida Municipal Power Agency ("FMPA") ... to effectuate the sale of the City's electric system to FPL." I only see where you've requested a meeting with OUC and FPL to discuss ways to effectuate that sale. As I read it, your letter to FMPA only requests a meeting with FMPA to discuss ways to lower the City's wholesale power costs under its agreements with FMPA. I know you've been busy and I'm assuming that was just an oversight. Will you be sending a letter to FMPA requesting a meeting to discuss ways to effectuate the sale of the City's system to FPL,just as you've done with respect to OUC and FPL?Thanks Schef. Bruce D. Bruce May,Jr. I Holland&Knight Equity Partner 315 South Calhoun Street,Suite 600 1 Tallahassee FL 32301 Phone 850.425.5607 1 Fax 850.224.8832 bruce.mayahklaw.com I www.hkiaw.com Add to address book I View professional biography From:Schef Wright [mailto:schef@gbwlepal.com] Sent:Thursday,January 22, 2015 4:01 PM To: Dylan Reingold Cc: 'Floyd R.Self; 'Convent,Wayne(WComent@covb.org)'; May, D Bruce (TAL-X35607); chesterc@chesterclem.com;cclem@chesterclem.com;ca.alvarez@embargmail.com;lay LaVia Subject: RE: FMPA Meetings Good afternoon, Dylan— Probably by the time you receive this email,you will have received copies of the emails transmitting the City's requests: (1)to OUC and FPL for a meeting to discuss possible ways to effectuate the sale/purchase of the City's electric system, and (2)to FMPA for a meeting to discuss ways by which we may be able to reduce the City's wholesale power supply costs. I'm sending you this email separately—copying all recipients of your email to me—to give you a bit of additional information. I got home just before 1AM on Tuesday night, and yesterday, I drafted the letters that I just sent; Wayne reviewed them this morning, and I sent them this afternoon. The reason that we decided not to seek a meeting with the FMPA bond entities at this time is that for them to attend would likely involve costs for attorneys for those bond entities that would come to something on the order of$2,000-$3,000 per hour or more. In light of that fact,the City believes that it would be unreasonable 2 228 and imprudent to spend City funds for such costs UNTIL we determine whether there is at least a conceptual path forward, and identifying any such paths is the goal of the meeting that we have requested of OUC and FPL. Responding to your earlier question/request, the City certainly has no objection to the County setting up meetings with the bond entities on its own, but at this juncture, the City is not willing to expose its electric customers to such additional expense until we know that there would be substantive justification for doing so. If you have any questions, feel free to call me any time. All the best, Schef From: Dylan Reingold [mailto:dreingoldCa)ircgov.coml Sent: Thursday, January 22, 2015 8:05 AM To: Schef Wright Cc: 'Floyd R. Self; 'foment, Wayne (WComent(dcoyLM)'; bruce.mayCo)hklaw.com; chesterc(fthesterclem.com; cdemCabchesterclem.com; ca.alvarez@embaromail.com Subject: RE: FMPA Meetings Mr. Wright, Good morning, sir! As a follow-up to my email from last Wednesday, do you have a reply with respect to my inquiry conceming meetings with FMPA or representatives of the bondholders? Also, you mentioned to the City of Vero Beach City Council on Tuesday evening that you were working on scheduling a meeting with FPL and OUC and that you would request their consent for the Town and County to be present. Please keep me in the loop as soon as you can with respect to attending any such meeting. Thank you very much! Have a wonderful day! Dylan From: Dylan Reingold Sent: Wednesday, January 14, 2015 4:53 PM To: 'Schef Wright; Coment, Wayne (WComent(@covb M) Cc: 'Floyd R. Self Subject: FMPA Meetings Gentlemen, Consistent with statements made throughout the Chapter 164 mediation process and language of the Interim Mediation Agreement, I believe it would be helpful for Indian River County to have conversations with FMPA and representatives of the bondholders. Has the City scheduled any meetings with FMPA or representatives of the bondholders? If so, has there been any consent for the County to attend such meetings?Finally,would the City object to the County scheduling its own meetings with such entities? Thank you very much! Dylan 3 229 NOTE: This e-mail is from a law firm, Holland &Knight LLP("H&K"), and is intended solely for the use of the individual(s)to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. 4 230 Gardner, Bist, Wiener, G BWL.Vi.Bowden, Bush, Dee, & Wright, P.A. ATTORNEYS AT LAW Michael P. Bist 1300 Thomaswood Drive Bruce 1.Wiener` Garvin B.Bowden" Tallahassee, Florida 32308 Wendy Russell Wiener Benjamin B.Bush Bedford Wilder David S. Dee www.gbwlegal.com Robert Scheffel`Schef Wright Erin W. Duncan Charles R. Gardner Telephone Facsimile John T. LaVia, III 850-385-0070 850-385-5416 **B—d CwtOw Red B"ff`Lauver January 30,2015 BY ELECTRONIC MAIL W. Christopher Browder, Esquire Vice President and General Counsel Orlando Utilities Commission Reliable Plaza at 100 West Anderson Street Post Office Box 3193 Orlando,Florida 32802 R. Wade Litchfield, Esquire General Counsel Florida Power&Light Company 700 Universe Boulevard Juno Beach,Florida 33408-0420 Re: Request for Meeting to Discuss Potential Measures to Reduce Vero Beach's Electric Costs Incurred Through FMPA Power Supply Projects Dear Mr. Browder and Mr. Litchfield: As you know, by my letter to you of January 22, 2015, I requested that you and appropriate representatives of your companies meet with me and representatives of the City of Vero Beach to discuss whether there may be a way to effectuate the sale of the City's electric system to FPL. On a parallel track aimed at reducing the City's electric costs and rates, on that same date, and also pursuant to the Interim Mediation Agreement, I sent a letter to Mr. Nicholas Guarriello, CEO of the Florida Municipal Power Agency, asking FMPA to meet with representatives of the City to discuss and negotiate,to the extent possible,ways of reducing the City's wholesale power supply costs that we incur through our participation in the Stanton Project, the Stanton H Project, and the St. Lucie Project. (A copy of that letter is attached.) 231 On further consideration, recognizing that the costs that the City incurs through its participation in the FMPA Projects are, for all practical purposes, determined by your respective companies as the operators and majority owners of those Projects, I am writing today to ask that you meet with the City and FMPA when we meet to discuss cost/rate reduction opportunities. Ideally, we could schedule those discussions at mutually convenient times that would also be temporally adjacent to the meeting that I requested of you in my January 22 letter. Our time availability is the same as stated in my January 22 letter. Please advise if you can participate in a meeting or conference call at one of the available times. I also ask that you consent to allow representatives of the Town of Indian River Shores and of Indian River County to attend and participate in any such meeting or conference call. Thank you very much for your consideration. If you have any questions,please call me any time. Cordially yours, ` lam/ Robert Scheffel Wright Gardner,Bist, Wiener, Bowden,Bush, Dee, LaVia&Wright, P.A. Attorneys for the City of Vero Beach Copies: Chester Clem,Town Attorney, Indian River Shores D.Bruce May, Special Counsel, Indian River Shores Dylan Reingold, County Attomey, Indian River County Floyd R. Self, Esquire, Special Counsel, Indian River County Wayne R. Coment,City Attorney, City of Vero Beach Nicholas P. Guarriello, CEO and General Manager,FMPA Frederick M. Bryant, General Counsel, FMPA i i i 2 y t i232 Schef Wright From: Schef Wright Sent: Tuesday, February 10, 2015 5:38 PM To: 'Wade.Litchfield@fpl.com'; Bryan, Patrick (Patrick.Bryan@fpl.com) Cc: Browder, Chris (CBrowder@ouc.com); Coment, Wayne (WComent@covb.org) Subject: Discussion with OUC and Vero Beach re: Possible Paths Toward Sale/Purchase of Vero Electric System Dear Wade and Pat— This message relates to my previous letters requesting that FPL meet with OUC and Vero Beach to discuss possible paths forward to try to consummate a sale of the Vero Beach electric system to FPL. I have been able to secure the time window from 11AM—1PM this coming Friday, February 13,for a conference call with FPL,OUC, and Vero Beach for this purpose. Please advise whether you or other appropriate FPL representatives could participate in a call during that window. Although the call may not take 2 hours, I would like to start at 11AM so as to give us as much time as possible. The FMPA folks are generally of the opinion that they will come into the conversation if and when the three of us—Vero Beach,OUC, and FPL—have something definitive to propose or suggest to FMPA that is compliant with Vero's contracts with FMPA. Thus,we'll see where our call leads and then take anything workable to FMPA. Thanks very much, and all the best, Schef Robert Scheffel "Schef Wright Gardner, Bist, Wiener, Bowden, Bush, Dee, LaVia & Wright, P.A. 1300 Thomaswood Drive Tallahassee, Florida 32308 Telephone 850/385-0070 Facsimile 850/385-5416 Cell 850/933-2016 e-mail: Schef(a)gbwlegal.com GWGardner.Birt_Wiener. Bowl.Bush, Dee.La Via &Wright.P.A ArrOMrra Al wir CONFIDENTIALITY NOTICE This communication is intended only for the exclusive use of the intended recipient(s)and contains information which is legally privileged and confidential. Furthermore this communication is protected by the Electronic Communication Privacy Act,18 U.S.C.§§2510-2521 and any form of distribution,copying,forwarding or use of it or the information contained in or attached to it is strictly prohibited and may be unlawful.This communication may not be reviewed,distributed,printed, displayed,or re-transmitted without the senders written consent. ALL RIGHTS PROTECTED. If you have received this communication in error please return it to the sender and then delete the entire communication and destroy any copies. Thank you. 'r 1 233 1 Schef Wright From: Jody Finklea <Jody.Finklea@fmpa.com> Sent: Thursday, February 12, 2015 5:51 PM To: Schef Wright Subject: RE:Vero Beach's Request for Meeting Schef, As we discussed this afternoon, FMPA will not be able to consider a meeting until after February 20. Sorry for the delay in responding. Jody From:Schef Wright (mailto:schef abwleQal.com] Sent:Thursday,January 22, 2015 3:47 PM To: Fred Bryant;Jody Finklea; Nick Guarriello Cc:CClem@chesterclem.com bruce.mav@hklaw.com; 'Dylan Reingold' (dreingold ircAov.com); 'floyd_self@gshllp.com';Coment,Wayne (WComent@covb.orp,) Subject:Vero Beach's Request for Meeting Dear Nick, Fred,and Jody— Please see the attached letter, in which I ask,on behalf of the City of Vero Beach,for a meeting in which we can discuss whether there may be ways, within the framework of our existing Project Contracts and FMPA's other contracts relating to the Stanton,Stanton II,and St. Lucie Projects, by which we may be able to reduce Vero Beach's wholesale power costs. I look forward to hearing from you, and to seeing you again soon. All the best, Schef i 234 NOTES OF CONFERENCE CALL RE: POSSIBLE PATHS FORWARD TO CONSUMMATE SALE OF VERO BEACH ELECTRIC UTILITY SYSTEM TO FPL FEBRUARY 13, 2015 TIME: APPROXIMATELY 10:00 AM —APPROXIMATELY 10:15 AM NOTES PREPARED BY SCHEF WRIGHT PARTICIPANTS: For Vero Beach: Jim O'Connor, Wayne Coment,lay LaVia, and Schef Wright For FPL: Patrick Bryan, Sam Forrest, and Tim Gerrish For OUC: Chris Browder Schef Wright began the call by stating that the City of Vero Beach appreciates everyone making themselves available for this call, particularly on relatively short notice. He continued by providing an overview of where things stand, including a history of when and how the sale efforts came pretty much to a halt at the beginning of June 2014 when irreconcilable conflicts arose between OUC and FMPA regarding their respective bond covenants. He also mentioned the provision in the Interim Mediation Agreement by the City,the Town of Indian River Shores, and Indian River County pursuant to which the City agreed to attempt to hold discussions with FPL, OUC, and FMPA toward the goal of finding a viable path forward to consummate the sale of the Vero Beach Electric Utility system to FPL. Schef indicated that absent finding a "substitute assignee" to take the place that OUC was originally expected to occupy in taking assignment of Vero Beach's Stanton,Stanton II, and St. Lucie Project Contracts with FMPA he was unaware of any new or creative ideas for moving the sale forward, but that he and the City welcome any ideas from others. Sam Forrest made comments on behalf of FPL. His first comment was that it didn't seem that much could be accomplished without FMPA in these discussions. Schef Wright stated that FMPA has told him that they will come into the discussions if and when the three parties on this call—Vero Beach, OUC, and FPL—have something definitive to propose or suggest to FMPA that is compliant with Vero's contracts with FMPA. Sam Forrest went on to say that he does not have any creative solutions to offer, but that the ideas of a FMPA buy-back or take-back of Vero's capacity are reasonable from FPL's viewpoint. Chris Browder stated that he feels that this horse has been just about beaten to death, and that as far as he can tell, there are simply no takers for approximately 40 MW of coal capacity (Vero's shares of Stanton and Stanton II under the FMPA Project Contracts). He reiterated that OUC is simply too much of an integrated utility to take the proposed assignments without modifications to the Project Contracts, which would require numerous FMPA approvals. 1 235 When asked by one of the FPL representatives what provisions in the Project Contracts would have to be changed to make such a transaction workable for OUC, Mr. Browder replied that the requirements prohibiting sales to non-tax-exempt entities would likely implicate OUC's opportunity sales and would likely require a tax opinion. He also indicated that the assignments would involve issues with past and future cost allocations as between Vero Beach and OUC, and that it's likely that other FMPA members would want the same concessions or amendments. In summary, nothing has changed from OUC's perspective since the parties, including FMPA, discussed these issues in May 2014. Pat Bryan asked whether Vero's representatives had asked FMPA whether they had any ideas. Schef Wright replied that he has asked or discussed this issue with FMPA representatives over time, and that FMPA's response continues to be that they that they will respond if and when Vero Beach, OUC, and FPL have something definitive to propose or suggest to FMPA that is compliant with Vero's contracts with FMPA. There was no further substantive discussion, and the call was concluded at approximately 10:15AM. 2 236 APPENDIX C PROFESSIONAL SERVICES AGREEMENT AND WORK ORDER BETWEEN THE CITY OF VERO BEACH AND PUBLIC RESOURCES MANAGEMENT GROUP, INC . FOR ELECTRIC RATE STUDY, NOVEMBER 10 , 2014 O 237 V5�� CITY OF VERO BEACH,FLORIDA DEPARTMENT: Power Resources PROJECT: Electric Rate Study WORK ORDER NO. 1657-C-1 TO PROFESSIONAL SERVICES MASTER AGREEMENT DATED November 10,2014 BETWEEN CITY OF VERO BEACH AND Public Resources Management Group,Inc. This Work Order is issued pursuant to and incorporates herein that certain Professional Services Master Agreement("Master Agreement")entered into on November 10, 2014 by and between the City of Vero Beach, Florida ("City") and Public Resources Management Group, Inc.("Service Provider"). City requests and Service Provider agrees to provide the services specified herein pursuant to the terms and conditions herein set forth and in the Master Agreement. SECTION 1 —PROJECT DESCRIPTION This work order authorizes the preparation of an electric financial forecast, cost of service, and rate study. SECTION 2—SCOPE OF SERVICES See Attachment A • SECTION 3—SPECIFICATIONS n/a SECTION 4—CITY RESPONSIBILITIES The following shall be responsibilities of City in addition to those provided in the Master Agreement: City staff shall be responsible for providing PRMG with the data required to perform the rate analysis, review and comment on preliminary results and coordinating the schedule of public meetings. SECTION 5—TIME OF PERFORMANCE Service Provider shall commence work within five (5) business days after issuance of a written notice-to-proceed. The work shall be completed within 16 weeks after issuance of the written notice-to-proceed,including delivery of rate study reports. SECTION 6—COMPENSATION City agrees to pay and Service Provider agrees to accept, for services rendered pursuant to the Scope of Services and Specifications identified in this Work Order and in accordance K:\1224\Work Orda I PRMG 140-14 10 30 2014.docx -1- 238 with the conditions set forth in this Work Order and the Master Agreement, a maximum fee under this Work Order of $46.905 based on monthly invoices provided by the Service Provider. The monthly invoices shall reflect the actual hours of service provided and applicable billing rates. See Attachment B for standard billing rates. SECTION 7—OTHER/ADDITIONAL CONDITIONS n/a SECTION 8—RELATION TO MASTER AGREEMENT All conditions set forth in the Master Agreement shall control unless otherwise specified in this Work Order. SECTION 9-DESIGNATED SERVICE PROVIDER REPRESENTATIVE. Service Provider designates the following listed individual as Service Provider's representative,to represent Service Provider in all matters pertaining to this Work Order: Name: Henry L.Thomas Title: Vice President • Street Address: 341 N Maitland Ave. Ste.300 Mailing Address: Maitland,FL 32751 Telephone: 407-628-2600 Facsimile: 407-628-2610 SECTION 10-DESIGNATED CITY REPRESENTATIVE. City designates the following listed individual as City's designated representative, to represent City in all matters pertaining to this Work Order. Name: Cynthia D. Lawson (ma=t Dwomr or Dml: m) Title: Director of Finance Street Address: 1053 20a`Place Mailing Address: P.O.Box 1389 Vero Beach,Florida 32961-1389 Telephone: (2121M-4770 Email: clawson(&covb.or>z K\1224\Wort Ordar 1 PRMG 140-14 10 30 2014.d= -2- 239 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the last date written below. PROFESSIONAL SERVICES PROVIDER: WITNESSED BY: Public Resources Management Group, Inc. (full legal name of service provider) BY: Sign: Sign: �. Print: Pe Print: lienry L. homas Title: Vice President Sign: Sign: Print: Print: Title: STATE OF Florida COUNTY OF Orange The foregoing instrument was acknowledged before me this 29th day of October, 2014, by Henry L. Thomas as Vice President of Public Resources Management Group, Inc., who XX is personally known to me; OR presented as identification. NOTARY PUBLIC Sign: � �0-e C8r� Print: SAA L, COY State of Florida at Large(scal) Commission No.: EF_0A t 2B4 My Commission Expires: 04111,115 NOTARY PUBLIC-STATE OF FIARIDA DOn118 I,. COX Commission,f EE()81284 �,, Expires: APR 16,2015 UCHD70 THRu An.WnC BOMINO Co,W- KAI2241Work Order I Electric 10.27.2014 -3- 240 , CITY OF VERO BEACH,FLORIDA: RFP 140-14/30 RATE STUDY FOR ELECTRIC UTILITY ATTEST: CITY OF VERO BEACH BY: Sign: jYY Sign: Print: Tammy k Print:J' Or Title: City Clerk Title: 1ty Manager STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this G day of be C-e m64 r 20145 by �-C.,M D, �On nar as C,�A., (Y1u.n4�tr- > and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach,Florida. They are both known to me. NOTARY PUBLIC ® '"'y wrr COMM"oa+�ssaN r ee 2z2ose Sign: oc�s:D@WflbW a,2018 Print ". •!� eo*a reN Wr�uriarnrMer, State of Florida at Large(seal) Commission No.: Ee My Commission Expires: Approved as to form and legal sufficiency: 4"k'-K a"'� Waltoment,City Attorney Approved as to technical requirements: Approved as to budget sufficiency: TjA Richards,Director of Electric Utilities C D. Lawson,Director of Finance KA1224\Work Ordu 1 PRMG 140-14 10 30 2014.doex -4- 241 ATTACHMENT"A" SCOPE OF SERVICES 5-1 ELECTRIC UTILITY RATE STUDY TASKS The scope of services to be performed by the consultant for the preparation of an electric utility rate study includes: i) a five year financial forecast to develop projected revenue requirements and evaluate capital funding requirements; ii) a cost of service study to determine the City's individual customer classes' revenue responsibility; and iii) rate design analyses to develop rates for electric service that recover the projected revenue requirements. The proposed scope of services is summarized below by the following tasks: Task I—Data Request and Data Gathering Consultant will prepare a written data request for the collection of financial, customer billing, budgetary, operating and planning data necessary to conduct an electric utility rate study. Information requested will include, but is not limited to, financial statements, detailed accounting records such as general ledger trial balances, existing rate and fee schedules, wholesale power bills,operating budgets and capital work plans, existing debt service schedules, summaries of utility plant investment, and customer billing data by customer class and service area location. Task II—Five Year Financial Forecast The development of the five year financial forecast, which will provide the basis for subsequent development of cost of service analyses and rate design, consists of the following activities: 1. Identsication of Fiscal Policies and Objectives — This task will include the review of existing City Ordinances, financial policy, audited financial statements, adopted budgets and five year capital plans, and any loan agreements associated with outstanding loan obligations. Based on this review consultant will identify goals related to financial performance indicators, capital funding practices and reserve fund policies to provide financial guidelines and support for the rate and fee setting. 2. Customer and Sales Forecast — Consultant will prepare a projection of customer and usage requirements based on detailed customer accounting information provided by the City. This task will include a review of historical customer growth and usage statistics and consideration of future development activity, as well as, development of a profile of billing determinants. The billing statistic profiles will be prepared for both existing and proposed customers classes,if different,and reflect appropriate rate structure criteria. The first step of this task will be to work with City staff to specify the billing data to be provided. In addition, alternative rate/customer classes and rate design options to be considered in the study will be identified in conjunction with staff in order to assemble appropriate billing profiles. 242 3. Forecast of Electric Revenue — Based on the customer usage and sales forecast developed in the previous step, Consultant will develop a five year forecast of revenues based on the existing rate schedules. Such forecast will consider new connections within the City's service area, as well as,estimated changes within customer usage patterns that could occur over time related to energy conservation and demand side management programs. This step will also include development of projections of the miscellaneous revenues and other income. 4. Development of OperatingFapense Projections and Capital Funding Requirements—Based on the adopted budget, for Fiscal Year 2014-2015, Consultant will develop a five year forecast of future operating expenses (FY2016 - FY2020). The five year forecast of operating expenses will be based on the current operating budget of the electric system and consider inflationary pressures on system costs including labor and benefits, repairs and maintenance, purchase power costs and other operating charges. Consultant will review the electric system's adopted Five Year Capital Improvement program and assist the City with developing appropriate capital funding strategies based on standard industry practices. This analysis will allow the City to evaluate the effects of alternative capital funding strategies on system revenue requirements, estimate future debt service requirements, cash balances and estimate the sufficiency of existing rate levels over the next five years. Additionally, the capital plan and alternative funding strategies will be used to estimate the adequacy of electric system impact fees. ® 5. Development of Net Revenue Requirements — Consultant will summarize the information developed in Task II to evaluate the sufficiency of existing rate revenues. This task will involve comparing the projected revenues anticipated from existing rates with the projected revenue requirements in order to estimate the adequacy of existing rate levels on a system-wide basis over the next five years. The results of the five year financial forecast, as well as discussions with City staff, will provide the basis for developing an overall system cost recovery strategy. Task III—Test Year Cost of Service Analysis This task will involve developing the support for proposed rate designs including residential, general service non demand, general service demand, large power rates, outdoor lighting, street lighting and demand side management and seasonal rate options as appropriate. 1. Cost of Service Analysis — Based on the financial forecast developed in Task II above, and the cost recovery strategy developed in conjunction with the City staff, consultant will conduct a test year cost of service analysis to develop the basis for proposed electric rates. The cost of service analysis includes the classification and allocation of costs among the various utility fimctions,customer classes and rate structure attributes. In particular the analysis will address the cost of serving each customer class. Unit costs will also be calculated to estimate the average customer, demand and energy- related costs for each customer class. The individual classes' revenue responsibility identified in the cost of service analysis will be compared with revenues from existing 4 243 rates to determine the appropriate customer-class rate level adjustments. Also for each rate class, unit costs will be compared to the existing price structures to identify appropriate rate structure adjustments within the rate classes and by season (i.e. winter peak season). As part of the cost of service analysis, consultant will also review the City's existing rate/customer classes and make recommendations for appropriate modifications or additional rate options that City does not currently utilize. For example, Consultant should review City's large customer accounts to determine cost effectiveness of 1) time-of-day (TOD) rates for large customers and 2) billing credits for City's ability to call on customer generators for peak load shaving. To ensure that the City's goals and objectives are accomplished in this task, the cost of service study will reflect the overall cost recovery strategy for the test year as directed by the City, specific rate administrative criteria developed in conjunction with the City, and wholesale pricing methods and rate structures. The cost allocation methods applied in the test year cost of service analysis will be based on standard industry practices as considered acceptable by the Florida Public Service Commission. Task IV—Design Proposed Rate and Fee Tariffs Based upon the cost of service study prepared during Task ID, Consultant will develop proposed retail rates including any new rate options identified in conjunction with the City. As part of this rate design task Consultant will prepare rate comparisons of existing and proposed rates along with the rates charged by other utilities providing electric service in Florida. 1. Retail Rate Design—Based on the test year cost of service analysis developed in task III, Consultant will develop proposed retail rates, rates that reflect seasonal cost differentials and inverted energy charges to promote conservation as appropriate. The proposed rate designs will including residential, general service non-demand, general service demand, large power rates, outdoor lighting, street lighting and demand side management rate options as appropriate. 2. Miscellaneous Service Charges — Based on cost information as provided by the City Consultant will review the miscellaneous service fees and charges and electric service deposit policies. 3. Impact Fees — Based on methods previously developed for the City and accepted by the Florida Public Service Commission, Consultant will review the adequacy of the electric system impact fees as related to the capital cost of serving new development. Task V-Public Information and Presentation 1. Presentation of Rate Study Results — Consultant will continually update the City on preliminary study results throughout the analysis. Based on the services provided in the Tasks described above, Consultant will attend up to four (4) on-site meetings to present study results to City staff. In addition to a meeting to initiate the project and gather information required for the study, meetings will be held will be to review the financial forecast, cost of service analysis and proposed rates for electric service prior to 4 244 presentation to the City's advisory committees and City Council. This task will also include preparation of a briefing document and a report to summarize the study results. In addition to the onsite meetings with City staff to review preliminary study results the scope of services includes up to seven (7) meetings to present the study results to the public. These presentations include meetings with the City's advisory committees, and public workshops and hearings with the City Council. 5-2 LIST OF DELIVERABLES The deliverables to be provided in this engagement include the following items: • Data Request • Five(5)Year Financial Forecast • Test Year Cost of Service Analysis • Proposed Rate and Fee Schedules • Rate Comparisons • Briefing Documents to Summarize Study Results • Study Report 5-3 ADDITIONAL SERVICES During the term of the agreement, the City may request additional services related to its electric utility rate structure and revenue sufficiency. Such services will not be conducted until authorized by the City as mutually agreed upon between the City and the Consultant. The City will be billed for such additional services based on the direct hourly labor rates as set forth in the Agreement and any direct out of pocket expenses associated with such additional work Alternatively, the City and the Consultant may negotiate a separate all inclusive fee for each additional scope of service requested. Such additional services may include but not be limited to: • Additional meetings and presentations, additional financial and rate analyses requested after substantial completion of the study_ • Periodic updates to the five year financial forecast based on actual revenues and expenses,and ongoing monitoring of rate sufficiency. • Model the impact on rates/rate structure for various cost saving initiatives proposed as part of a separate utility optimization study. 245 ATTACHMENT B PUBLIC RESOURCES MANAGEMENT GROUP,INC. SCHEDULE OF DIRECT LABOR HOURLY RATES AND COST RATES DIRECT HOURLY RATES Direct Labor Project Team Title Hourly Rates[*] Principal $180.00 Associate $130.00 Managing Consultant $120.00 Supervising Consultant $110.00 Senior Consultant $105.00 Rate Consultant $ 95.00 Consultant $ 85.00 Senior Rate Analyst $ 75.00 Rate Analyst $ 65.00 Analyst $ 55.00 Assistant Analyst $ 45.00 Administrative $ 50.00 (•] Direct labor hourly rates effective twelve months after the date of execution of the Agreement;rates will be adjusted by not more than the net percentage change in the Consumer Price Index—Urban Consumers per annum(rounded to the nearest dollar) or as mutually agreed between parties for invoices rendered after each anniversary date of tach year thereafter until project completion or termination of the Agreement between the parties. STANDARD COST RATES Expense Description Standard Rates[*] Mileage Allowance-Personal Car Use Only $0.485 per mile Reproduction(black and white)(in house) $0.05 per page Reproduction(color)(in house) $0.25 per page Reproduction(contracted) Actual Cost Computer Time $0.00 per hour Telephone Charges Actual Cost Delivery Charges Actual Cost Lodging/Other Travel Costs Actual Cost Meals Not to exceed per PRMG Employee: $8.00-Breakfast $12.00-Lunch $25.00-Dinner Subconsultant Services Actual Cost plus 5.0% Other Costs for Services Rendered Actual Cost (•1 StuWard cost rates effective twelve months after the date of execution of the Agreement;where applicable,rates will be adjusted by not mon than the net percentage change in the Consumer Price Index—Urban Consumers per annum (rounded to the nearest dollar)or as mutually agreed between parties for invoices rendered atler each anniversary date of each year thereafter until project completion or termination of the Agreement between the parties.Any Standard Rate adopted by policy by Client will supersede rates shown above. K:U224\Wod:Order 1 Electric 1027.2014 B'1 246 CITY OF VERO BEACH,FLORIDA PROFESSIONAL SERVICES MASTER AGREEMENT FOR ARCHITECTURE SERVICES; X PROFESSIONAL ENGINEERING SERVICES; LANDSCAPE ARCHITECTURE SERVICES; REGISTERED SURVEYING &MAPPING SERVICES (designate appropriate servicels)) THIS AGREEMENT, entered into this IO'i day of November 2014, by and between the CITY OF VERO BEACH,FLORIDA, a municipal corporation organized under the laws of the State of Florida, hereinafter "CITY," and, Public Resources Management Group, Inc. hereinafter referred to as "PROFESSIONAL." WITNESSETH: For and in consideration of the mutual covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,CITY and PROFESSIONAL agree as follows: CITY hereby retains PROFESSIONAL to supply services to CITY as required and specified by 1116. CITY from time to time. PROFESSIONAL shall provide any and all services encompassing and related to the PROFESSIONAL's professional discipline(s) as designated above and specified by CITY. This agreement, together with any attachments, which are incorporated herein, shall be referred to as the "MASTER AGREEMENT"and shall be implemented by and a part of separate supplemental agreements that shall be designated"WORK ORDERS." PROFESSIONAL agrees to supply the professional services to CITY for all phases of each project as specified and described in the individual WORK ORDERS and pursuant to this MASTER AGREEMENT. PROFESSIONAL shall serve as CITY's professional representative for the project set forth in each WORK ORDER and shall give professional advice to CITY during and related to performance of the services to be rendered under such WORK ORDER. SECTION I-SCOPE OF SERVICES AND PROFESSIONAL'S RESPONSIBILITIES A. GENERAL RESPONSIBILITIES. PROFESSIONAL agrees to provide professional services to CITY, including any and all services generally and typically encompassed by and a function of PROFESSIONAL's professional discipline(s) and as more fully specified in connection with the project described in the applicable WORK ORDER(S). PROFESSIONAL shall use, in performing any and all services for CITY, the level of care, skill, and due diligence expected of and recognized by a reasonable, prudent and experienced professional in PROFESSIONAL's professional discipline(s), as the case may be, as being sound professional practice under similar conditions and circumstances. If PROFESSIONAL fails to possess and use such care, skill and due diligence in providing any and all professional services, PROFESSIONAL shall be responsible to GAPending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140-1410 11 3 14.doc Page l of 16 247 CITY for any loss or damages resulting there from, except as monetarily limited by Section VII. B. SPECIFIC RESPONSIBILITIES. 1. The specific services to be provided by PROFESSIONAL shall be defined in each individual WORK ORDER prepared and approved by CITY. Each WORK ORDER shall include the project description, the scope of services to be provided by PROFESSIONAL, CITY's responsibilities, the time of performance, and the method and amount of compensation. WORK ORDERS shall be dated and sequentially numbered, and approved by CITY prior to a notice-to-proceed order being issued. Each WORK ORDER shall be deemed to incorporate and be subject to this MASTER AGREEMENT. 2. PROFESSIONAL's work shall commence only upon written authorization in the form of a notice-to-proceed order issued by CITY separate from this MASTER AGREEMENT and any WORK ORDER. PROFESSIONAL shall endeavor not to duplicate any previous work done on a project. After issuance of a WORK ORDER and written authorization to proceed, PROFESSIONAL shall consult with CITY to clarify and define CITY's requirements for the project and review all available data. 3. PROFESSIONAL shall attend conferences with CITY's representatives upon request. ® 4. PROFESSIONAL shall obtain all permits required for performance of the work necessary to complete the project described in the applicable WORK ORDER. 5. In order to accomplish the work described under this MASTER AGREEMENT and each WORK ORDER within the time frames and conditions set forth in this MASTER AGREEMENT and such WORK ORDERS, PROFESSIONAL agrees to observe the following requirements: (a) PROFESSIONAL shall maintain an adequate and competent staff of professionally qualified persons, including, but not limited to, licensed architects, licensed professional engineers, registered surveyors, draftsmen, qualified biologists, computer technicians, and other employees, as each project may require, throughout the performance of this MASTER AGREEMENT and each WORK ORDER so as to achieve acceptable and timely completion of each WORK ORDER and project. (b) PROFESSIONAL shall comply with all federal, state, and local laws applicable to each project. PROFESSIONAL will design each project and perform PROFESSIONAL's services in such a manner as to be in conformance with all applicable federal, state and local laws, including, but not limited to,the Florida Department of Transportation's Manual on Uniform Minimum Standards for the Design, Construction, and Maintenance of Streets and Highways (Green Book), latest edition, the St. Johns River Water Management District's rules, and all other applicable requirements. The sealing, if required, of all plans, reports and documents prepared by PROFESSIONAL shall be governed by the GAPending AgreementsWero Beach\Prof Services MasterAgmt PRMG 140-14-JO 11 3 14.doc Page 2 of 16 248 laws and regulations of the State of Florida and the requirements of all applicable regulatory agencies. (c) PROFESSIONAL shall prepare all sketches, drawings and completed application forms and documents needed for CITY's applications for any and all required project permits, including, but not limited to those from all federal,state,and local governments and agencies. (d) Upon request of CITY, PROFESSIONAL shall provide assistance to CITY in preparation of all project grant applications, documents and drawings, as well as assistance in grant administration and compliance. (e) PROFESSIONAL shall cooperate fully with CITY in order that all phases of the work may be properly scheduled and coordinated. CITY's representatives shall have the right to inspect the work of PROFESSIONAL at any time. (f) PROFESSIONAL shall send a complete preliminary set of construction plans to all city, state and federal regulatory agencies, from which a permit or other approval is required,prior to final approval of the project design by CITY. PROFESSIONAL will coordinate the project design with all such agencies. (g) PROFESSIONAL shall contact all utility companies having installations in the vicinity of the proposed work and consider relocation of utilities,if necessary. PROFESSIONAL will provide CITY with necessary information relative to required utility adjustments, relocations and installations and will show all utilities on the final design plans. (h) PROFESSIONAL shall report the status of each WORK ORDER project to CITY upon request and hold all drawings, calculations and related work open to the inspection of CITY's representatives at any time, upon reasonable request. (i) PROFESSIONAL shall, upon request of CITY, make available on electronic digital media the documents, specifications, sketches, drawings and other data produced by PROFESSIONAL under this MASTER AGREEMENT and any WORK ORDER. PROFESSIONAL may charge only the actual cost of such electronic digital media copies. G. PROFESSIONAL shall furnish additional copies of the drawings, specifications and contract documents as required by CITY for prospective bidders, materials suppliers, federal, state and local agencies from whom approval of the project must be obtained, and other interested parties,but may charge only for the actual cost of such copies. Upon award of any contract arising out of PROFESSIONAL's work, PROFESSIONAL shall furnish to CITY the number of sets requested by CITY of the project drawings, specifications and reports produced by PROFESSIONAL. The cost of these sets of documents is not included in the basic compensation paid to PROFESSIONAL,but will be paid as a direct expense pursuant to Section VI of this MASTER AGREEMENT. All original documents, including, but not limited to, survey notes, field books, GAPending AgreementsWero Beach\Prof Services MasterAgmt PRMG 140-14-JO 11 3 14.doc Page 3 of 16 249 - tracings, and the like, including all items furnished to PROFESSIONAL by CITY pursuant to this MASTER AGREEMENT or any WORK ORDER, are and shall remain the property of CITY, and shall be delivered to CITY upon completion of the work or at CITY's request,whichever occurs first. 7. All drawings prepared by PROFESSIONAL shall be of sufficient detail to permit the actual location of the proposed improvements on the ground. Property surveys, property plats, and legal descriptions for easements and real property to be acquired shall also be furnished to CITY by PROFESSIONAL. Negotiation for all real property rights shall be accomplished by CITY, unless CITY specifically requests PROFESSIONAL to perform such services in a WORK ORDER. In such event, PROFESSIONAL shall be compensated for the additional services as provided in such WORK ORDER. 8. Any additional work for a project's permitting required by a regulatory agency pursuant to regulations established after the date of the applicable WORK ORDER shall be an additional service. CITY shall compensate PROFESSIONAL for such additional work in accordance with the provisions herein and the applicable WORK ORDER and in accordance with the fee schedule provided in such WORK ORDER or the WORK ORDER authorizing such additional work. PROFESSIONAL shall obtain approval from CITY prior to commencement of any such additional work. 9. If CIW proposes to construct the improvements in a phased manner, PROFESSIONAL shall prepare detailed master plan drawings as required by the applicable WORK ORDER. 10. Compensation to PROFESSIONAL for services rendered shall be in accordance with each WORK ORDER, mutually agreed upon by PROFESSIONAL and CITY. Unless otherwise stated in this MASTER AGREEMENT or a WORK ORDER hereunder, all services provided for in this MASTER AGREEMENT or such WORK ORDER are included within the scope of basic compensation provided for in each particular WORK ORDER C. SPECIAL CONSULTANTS. PROFESSIONAL agrees to assist and advise CITY, in determination of the need for and selection of any special consultants for the project covered under each WORK ORDER. D. SUBCONTRACTORS. Before the employment of any subcontractor by PROFESSIONAL in performance of the work under this MASTER AGREEMENT or any WORK ORDER, PROFESSIONAL shall obtain approval of such subcontractor from CITY, which approval shall not be unreasonably withhold. Any such subcontractor employed by PROFESSIONAL shall be subject to and comply with all applicable provisions of this MASTER AGREEMENT and the applicable WORK ORDERS hereunder and PROFESSIONAL shall be responsible for insuring such compliance. 6 GAPending AgreementsWero BeachTrof Services MasterAgmt PRMG 140-14-JO 11 3 14.doc Page 4 of 16 250 E. DESIGNATED PROFESSIONAL REPRESENTATIVE. 1. REPRESENTATIVE AS TO MASTER AGREEMENT. PROFESSIONAL designates the following listed individual as PROFESSIONAL's representative, to represent PROFESSIONAL in all matters pertaining to this MASTER AGREEMENT: Name: Henry L.Thomas Title: Senior Vice President Street Address: 341 N.Maitland Avenue Mailing Address: Suite 300 Maitland,FL 32751 Telephone: (407)628-2600 Facsimile: (407)628-2610 E-mail: hthomas prmm0nc.com 2. REPRESENTATIVE AS TO WORK ORDERS. PROFESSIONAL shall designate in each WORK ORDER its representative for all matters pertaining to the performance of the work under such WORK ORDER together with such representative's contact information. 3. Designated representatives and contact information may be changed by the giving of written notice as provided herein. SECTION H-CITY RESPONSIBILITIES A. DATA TO BE FURNISHED. CITY agrees to provide to PROFESSIONAL the following documents, material, and data as required in connection with the work to be performed under this MASTER AGREEMENT and each WORK ORDER hereunder: 1. A copy of all available preliminary data or reports in the possession of CITY that are pertinent to the project, such as survey notes, existing location surveys, topographic surveys, and related documents. 2. A copy of all available drawings, right-of-way maps, and other documents in possession of CITY that are pertinent to the project. B. OTHER CITY RESPONSIBILITIES. CITY shall be responsible for: 1. Acquiring all rights-of-way, easements and other rights in real property as necessary to complete the project described in the applicable WORK ORDER. 2. Making provisions for PROFESSIONAL to enter upon public or private property as required for PROFESSIONAL to perform PROFESSIONAL's services. 3. Promptly executing all permit applications prepared and coordinated by PROFESSIONAL needed to expedite the acquisition of any local, state or federal permits made necessary by the project described in the applicable WORK ORDER. G:Wending AgreementsWero Beach\Prof Services MasterAgmt PRMG 140-14-JO 11 3 14.doc Page 5 of 16 251 4. Those additional CITY responsibilities as set forth in the terms of the applicable WORK ORDER issued pursuant to this MASTER AGREEMENT. C. DESIGNATED CITY REPRESENTATIVE. 1. REPRESENTATIVE AS TO MASTER AGREEMENT. CITY designates the following listed individual as CITY's designated representative, to represent CITY in all matters pertaining to this MASTER AGREEMENT. Name: Cynthia D.Lawson Title: Director of Finance Street Address: 1053 20a'Place Mailing Address: P.O.B" 1389 Vero Beach Florida 32961-1389 Telephone: (772)978-4770 Email Clawson vo b.org 2. REPRESENTATIVE AS TO WORK ORDERS. CITY shall designate in each WORK ORDER its representative for all matters pertaining to performance of the work under such WORK ORDER together with such representative's address, telephone number and facsimile number. 3. Designated representatives and contact information may be changed by the giving of written notice as provided herein. 4. Designation of CITY representatives notwithstanding, it is understood that final authority for CITY on all matters rests solely with the City Council and PROFESSIONAL acknowledges this fact. SECTION III-CHANGES AND ADDITIONAL WORK Any changes in the work or additional work necessitated by unforeseen conditions,or by changes to a project's plans or scope of the project due to requests of CITY after approval and acceptance of the plans and scope by CITY, shall be subject of and may commence only upon approval and issuance by CITY of an additional WORK ORDER and notico-to-proceed. Such change in the work or additional work shall be performed by PROFESSIONAL in accordance with the fee schedule provided in such WORK ORDER SECTION IV-DURATION OF AGREEMENT A. MASTER AGREEMENT. This MASTER AGREEMENT shall.be a continuing contract and remain in full force for five (5) years unless otherwise torrninated pursuant to the terms of this MASTER AGREEMENT. B. WORK ORDER. Each WORK ORDER shall specify the time frames agreed to by CITY and SERVICES PROVIDER for services to be rendered under the WORK ORDER WBIDS 2014\140-14-30 RFP Rete Shady For Fredric Ub'IftyWrot.Services.MasterAgmt.PRMQ 140-14-JO 11.3.14.doc Page 6 of 16 252 ® C. ORDERLY AND CONTINUOUS PROGRESS. The provisions of this MASTER AGREEMENT and each WORK ORDER, unless stated otherwise, anticipate the orderly and continuous progress of each project. SECTION V-TERMINATION A. TERMINATION BY EITHER PARTY WITHOUT CAUSE. Either party shall have the right at any time to terminate this MASTER AGREEMENT in its entirety without cause, or to terminate any WORK ORDER without cause, provided that thirty (30) days prior written notice of the intent to terminate is delivered by certified mail or personal delivery to the designated representative of the other party. In the event that a WORK ORDER is being terminated, the terminating party shall identify the specific WORK ORDER being terminated and the specific WORK ORDER(S)to be continued to completion pursuant to the provisions of this MASTER AGREEMENT. This MASTER AGREEMENT shall remain in full force and effect as to all authorized WORK ORDERS that are to be continued to completion. B. DELIVERY OF DOCUMENTS. Upon termination of this MASTER AGREEMENT or any WORK ORDER by either party,PROFESSIONAL shall,within ten(10)days,or any extensions thereto as may be mutually agreed to by the parties,deliver or otherwise make available to CITY all documents, materials, files and electronic digital media, including, but not limited to, reports, drawings,plans, specifications, and other data and documents, that have been obtained, prepared or produced by PROFESSIONAL in performing services under this MASTER AGREEMENT and the pertinent WORK ORDER, regardless of whether the work on such documents and materials has been completed or is in progress. C. PAYMENT IN THE EVENT OF TERMINATION. In the event this MASTER AGREEMENT or any WORK ORDER is terminated by either party prior to final completion, PROFESSIONAL shall receive payment from CITY for the unpaid portion, if any, of PROFESSIONAL's services actually provided under this MASTER AGREEMENT and the applicable WORK ORDER to the date of termination, provided that PROFESSIONAL is not in default of any provision of this MASTER AGREEMENT or the applicable WORK ORDER. SECTION VI-PAYMENTS TO PROFESSIONAL CITY agrees to pay and PROFESSIONAL agrees to accept,for services rendered pursuant to this MASTER AGREEMENT and any WORK ORDER hereunder, fees in accordance with the following conditions: A. PROFESSIONAL SERVICES FEE. 1. The basic compensation of PROFESSIONAL shall be mutually agreed upon by PROFESSIONAL and CITY prior to issuance of each WORK ORDER and shall be included in the WORK ORDER for review and approval by CITY. 2. PROFESSIONAL acknowledges that CITY is exempt from sales taxes and CITY shall not be invoiced for same. GA1Pending AgreementsNero Beach\Prot Services MasterAgmt PRMG 140-14-JO 11 3 14.doc Page 7of16 253 3. Each WORK ORDER may be divided into units of deliverables or phases of work, including, but not limited to, reports, findings, drawings, drafts, or other work product, that must be received and accepted in writing by CITY's designated representative prior to approval of payment for such work. 4. Fees and other charges for services shall be invoiced monthly or as otherwise provided in the applicable WORK ORDER. PROFESSIONAL shall submit duly certified and proper invoices for approval, in triplicate, to CITY's representative designated in the applicable WORK ORDER. Such invoices shall be reviewed by CITY and, if approved, shall be submitted to the CITY's chief disbursement officer for payment together with certification that the services invoiced have been rendered and that the services are in conformity with this MASTER AGREEMENT and the applicable WORK ORDER. In any case in which an improper invoice is submitted by PROFESSIONAL, CITY shall within ten (10) business days after such improper invoice is received by the designated CITY representative,notify PROFESSIONAL that the invoice is improper and indicate what corrective action on the part of PROFESSIONAL is needed to make the invoice proper. 5. The payment due date for invoices shall be forty-five (45) days after a certified and proper invoice is received by the CITY's chief disbursement officer after approval by the appropriate CITY representative,or if required,approval by City Council. However, if CITY notifies PROFESSIONAL by such due date that CITY disputes the invoice or any portion thereof, the payment due date for such disputed invoice or portion shall be as provided herein for resolution of invoice 4W payment disputes. Payment of any undisputed invoice or undisputed portion of an invoice not made by CITY to PROFESSIONAL by the due date shall begin to bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. PROFESSIONAL must invoice CITY for any interest accrued in order to receive the interest payment. 6. In the event a dispute occurs between CITY and PROFESSIONAL concerning payment of an invoice, such disagreement shall be resolved by the Director of Cn Y's Department having responsibility for the applicable WORK ORDER. The Department Director shall proceed, not later than forty-five (45) days after the date on which a proper invoice was received by CITY,to resolve the dispute by good faith consultation with PROFESSIONAL and CITY's representative(s) and such proceeding shall be concluded by final decision not later than sixty(60) days after the date on which a proper invoice was received by CITY. CITY shall pay PROFESSIONAL the amount agreed between the parties as proper for the invoice or, if agreement cannot be reached, the amount determined by the Director to be proper for the invoice. Such payment shall be less any amounts previously paid by CITY with respect to such invoice. In the event that PROFESSIONAL disputes the decision of the Director, PROFESSIONAL shall appeal such decision as provided in the Code of Ordinances of the City of Vero Beach or such dispute shall be deemed waived and the Director's decision shall be final. 7. If an invoice payment dispute is resolved in favor of CITY, then interest charges shall begin to accrue fifteen(15)days after CITY's final decision. If such dispute is resolved in favor of PROFESSIONAL, then interest shall begin to accrue as of GAPending Agreementswero BeachWrof Services MasterAgmt PRMG 140-14-JO 11 3 14.doc Page 8 of 16 254 the original date the payment became due, which due date shall be calculated as forty-five(45)days from the appropriate date provided in Section 218.73, Florida Statutes,as it may be amended. 8. In the event it is determined that CITY has overpaid an invoice, PROFESSIONAL shall refund to CITY the amount of such overpayment within forty-five(45)days of such determination. If the overpayment is not refunded by PROFESSIONAL within that time, such overpayment shall begin to bear interest from thirty (30) days after such refund due date at the rate of one percent (1%) per month on the unpaid balance. 9. The due date and treatment of invoices for construction services, as defined in Section 218.72, Florida Statutes, if applicable, shall be as provided in Section 218.735,Florida Statutes,as those sections may be amended. 10. In order for both parties to close their books and records,PROFESSIONAL shall clearly state"Final Invoice" on PROFESSIONAL's final billing to CITY for each WORK ORDER., as applicable. PROFESSIONAL shall submit with such Final Invoice certification that all services under the applicable WORK ORDER have been performed and that all charges and costs have been invoiced to CITY, together with a list of all subcontractors and suppliers providing goods or services under the applicable WORK ORDER and certification that all such subcontractors and suppliers have been fully paid. No Final Invoice shall be approved for payment until PROFESSIONAL has fully complied with this provision. B. DIRECT PROJECT EXPENSES. "DIRECT PROJECT EXPENSES"means actual expenses incurred in connection with a Project as described in paragraphs 1 through 4 below. CITY agrees to pay DIRECT PROJECT EXPENSES as follows: 1. Soil Survey. CITY shall make direct payment to the approved soil laboratory for soil survey work approved by CITY in writing,that is necessary in furtherance of the project. 2. Printing and Reproduction. CITY shall make direct payment to PROFESSIONAL for the properly documented cost of printing and reproduction. The maximum cost allowed per blueprint shall be $1.00 per sheet and for each mylar or sepia shall be $4.00 per sheet, unless otherwise specified in the WORK ORDER- 3. RDER3. Per Diem and Travel Expenses. CITY shall reimburse PROFESSIONAL the actual cost of all properly documented travel related expenses in accordance with rates and rules established by Chapter 112, Florida Statutes, including, but not limited to, meals, lodging, and transportation necessary for project related work accomplished away from PROFESSIONAL's office. 4. Recording Permit Fees,Other Expenses. CITY shall reimburse SERVICE PROVIDER for the actual cost of properly documented recording, permit fees GAPending Agreements\Vero Beach\Prof Services Maste ftmt PRMG 140-14-JO 11 3 14.doc Page 9 of 16 255 and other project expenses that are not included within PROFESSIONAL's basic compensation as provided in the applicable WORK ORDER. C. TRUTH-IN-NEGOTIATION CERTIFICATION. In accordance with Florida Statutes Section 287.055(5)(a), for any lump-sum or cost-plus-a-fixed-fee professional service authorized by a WORK ORDER issued pursuant to this MASTER AGREEMENT in which the fee is over the threshold amount provided in Florida Statutes Section 287.017 for Category Four, as it may be amended, PROFESSIONAL hereby certifies that wage rates and other factual unit costs supporting the compensation are accurate,complete,and current at the time of said WORK ORDER. The original contract price set forth in said WORK ORDER and any additions thereto will be adjusted to exclude any significant sums by which CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one(1)year following the end of the pertinent WORK ORDER. SECTION VII-INSURANCE AND INDEMNIFICATION (As revised 05/16/2013) A. GENERAL INSURANCE RBOUTREMENTS Before starting and until acceptance of the work by CITY, PROFESSIONAL shall procure and maintain insurance of the types and to the minimum limits specified below. PROFESSIONAL shall require each of its subcontractors to procure and maintain, until completion of that subcontractor's work, insurance of the types and to the limits specified below. It shall be the responsibility of PROFESSIONAL to ensure that all its subcontractors comply with all of the insurance requirements contained herein relating to such subcontractors. CITY reserves the right to request proof of subcontractor's insurance from PROFESSIONAL. B. COVERAGE. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Workers' Compensation $500,000 each accident $500,000 bodily injury by disease each employee $500,000 bodily injury by disease policy limit Workers' Compensation insurance must meet mandatory statutory limits for employers with three or more employees. 2. Commercial General Liability -Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and must include: $1,000,000 per occurrence/2,000,000 aggregate Products and Completed Operations-Contractors shall maintain in force until at least three years after completion of all services required under the contract, coverage for products and completed operations,including Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless G:1Pending AgreementsWero Beach\Prof Services MasterAgmt PRMG 140-14-JO 11 3 14.doc Page 10 of 16 256 and/or indemnification agreement. 3. Umbrella-$1,000,000 per occurrence. Otherwise,$2,000,000 per occurrence,if the contract exceeds 180 days or$300,000. 4. Professional Liability. SERVICE PROVIDER shall maintain in force,during the duration of this AGREEMENT and acceptance by CITY of the work performed by SERVICE PROVIDER, professional liability insurance providing coverage for all claims arising out of SERVICE PROVIDER's performance of the professional services under this AGREEMENT. $2,000,000 per occurrence 5. Certificates of Insurance-Certificates of all insurance required from the contractor shall be filed with the City and shall be subject to its approval for adequacy and protection.Certificates from the insurance carrier, stating the types of coverage provided, limits of liability and expiration dates, shall be filed with the City before operations are commenced. The City of Vero Beach shall be identified as an additional insured for general liability coverage's required above. A copy of the additional insured endorsement must be attached and contain language no less restrictive than ISO Form CG20100704 or ISO Form CG20330704. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this contract and section and the above paragraphs in accordance with which such insurance is being furnished,and shall state that such insurance is as required by such paragraphs of this contract. If the initial insurance expires prior to the completion of the work,renewal certificates shall be furnished seven (7)days prior to the date of expiration. 6. Notice of Cancellation and/or Restriction - Each policy must be endorsed to provide the City with a minimum of seven (7) days notice of cancellation and/or restriction, ten days (10) days notification for non-payment. C. INDEMNIFICATION. PROFESSIONAL will indemnify and hold harmless CITY, its departments,elected officials,officers,employees and agents,from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees and costs through trial and appeal, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of PROFESSIONAL and other persons employed or utilized by PROFESSIONAL in the performance of this MASTER AGREEMENT and any WORK ORDER hereunder or arising out of the violation of any law or regulation by PROFESSIONAL or persons employed or utilized by PROFESSIONAL. SECTION VIII-ACCESS TO RECORDS/AUDIT RIGHTS PROFESSIONAL shall maintain books, records, documents, time and costs accounts and other evidence directly related to its performance of services under this MASTER AGREEMENT and WORK ORDERS hereunder. All such time records and cost data shall be maintained in accordance with generally-accepted accounting principles. PROFESSIONAL shall also maintain the financial information and data necessary to determine overhead rates in accordance with the requirements of federal and state regulatory agencies and this MASTER AGREEMENT. CITY's representatives shall have access upon request to such books, records, documents, time and costs accounts and other evidence for inspection, auditing and copying. Any such inspection,auditing and copying shall be at CITY's expense. PROFESSIONAL shall maintain and allow access to the records required under this section for a period of three (3) years after completion of the services provided under this MASTER AGREEMENT and date of final payment for such services, or date of termination of this MASTER AGREEMENT as provided herein. GAPending AgreernentsWero Beach\Prof Services MasterAgmt PRMG 140.14-JO 11 3 14.doc Page 11 of 16 257 For each project and WORK ORDER hereunder, PROFESSIONAL will maintain separate accounting records that will include, but not be limited to, timecards,job cost records, invoices, and all other such data necessary to identify project and WORK ORDER costs. Said records will be made available to CITY's representatives for inspection, auditing and copying at PROFESSIONAL's office upon request and at CITY's expense. PROFESSIONAL shall allow public access to all documents, papers, letters, and other material that is subject to the provisions of Chapter 119, Florida Statutes, and made or received by PROFESSIONAL in conjunction with this MASTER AGREEMENT or any WORK ORDER hereunder. PROFESSIONAL shall immediately inform CITY of any and all public records requests made to PROFESSIONAL and coordinate with CITY the PROFESSIONAL's compliance with such request. SECTION TX-OWNERSHIP AND REUSE OF DOCUMENTS A. OWNERSHIP OF DOCUMENTS. It is understood and agreed by the parties hereto that all documents and materials, including, but not limited to, reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and any other data used, developed or produced by PROFESSIONAL or at PROFESSIONAL's direction for the purpose of this MASTER AGREEMENT and any WORK ORDER hereunder, shall become the property of CITY and shall be made available by PROFESSIONAL at any time upon request of CITY's representatives. When all work contemplated under this MASTER AGREEMENT or any WORK ORDER is complete, all of such documents shall be delivered to CITY's designated representative. B. REUSE OR PUBLICATION OF DOCUMENTS. All documents, including, but not e limited to, drawings and specifications,prepared or produced by PROFESSIONAL for a specific project pursuant to this MASTER AGREEMENT and any WORK ORDER, are related exclusively to the services described in this MASTER AGREEMENT and the WORK ORDER(S)for such project. Unless otherwise provided in a WORK ORDER or other supplemental agreement, they are not intended or represented to be suitable for reuse by CM or others on extensions of the subject project or on any other project and any such utilization or adaptation shall entitle PROFESSIONAL to additional compensation at a rate to be agreed upon by CITY and PROFESSIONAL. PROFESSIONAL shall not be liable for any reuse of the documents unless such reuse is intended by the WORK ORDER or the reuse is agreed to by the partes hereto. PROFESSIONAL shall not be liable for any modifications made to the documents by other than PROFESSIONAL or anyone directly or indirectly employed by PROFESSIONAL. Any documents provided to, prepared or assembled by PROFESSIONAL and PROFESSIONAL's subcontractors under this MASTER AGREEMENT and any WORK ORDER hereunder shall be kept solely as property of CITY and shall not be made available to any individual or organization without the prior written approval of CITY. PROFESSIONAL shall not publish any information or documents concerning a project under this MASTER AGREEMENT or any WORK ORDER without the written consent of CITY. G1Pending Agreementswero SeacMlProf Services Masteftmt PRMG 14014-JO 11 3 14.doc Page 12 of 16 i 258 SECTION X-NOTICES All notices, certificates, reports, requests, demands, materials and any other communications hereunder or pursuant to any WORK ORDER shall be in writing and deemed to have been duly given (i) upon delivery (personally, by courier service such as FedEx or by other messenger)to the address of the appropriate party's designated representative as set forth in the applicable WORK ORDER; or (ii) upon receipt as evidenced by the appropriate form of the United States Postal Service after mailing by United States registered or certified mail,return receipt requested,postage prepaid to such address;or(iii) upon mailing if such registered or certified mail is refused by the recipient or returned unclaimed to the sender. SECTION XI-PROHIBITION AGAINST CONTINGENT FEES In accordance with Section 287.055(6)(a), Florida Statutes, PROFESSIONAL warrants that PROFESSIONAL has not employed or retained any company or person,other than a bona fide employee working solely for PROFESSIONAL, to solicit or secure this MASTER AGREEMENT or any WORK ORDER hereunder and that PROFESSIONAL has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for PROFESSIONAL, any fee,commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this MASTER AGREEMENT or any WORK ORDER hereunder. For breach or violation of this provision, CITY shall have the right to terminate this MASTER AGREEMENT and any WORK ORDER hereunder without liability and, at its discretion, to deduct from the contract price, or otherwise recover,the full amount of such fee,commission,percentage,gift or consideration. SECTION XII-REMEDIES Any remedies provided in this MASTER AGREEMENT or any WORK ORDER shall be deemed cumulative and additional and are not in lieu of or exclusive of each other or of any other rights or remedies any party hereto otherwise has by law, equity or statute. In any action arising under this MASTER AGREEMENT or any WORK ORDER issued hereunder, the prevailing party is entitled to recover a reasonable fee for the services of the prevailing party's attorney through trial and appeal, in an amount to be determined by the court,together with the prevailing party's costs of the action. In the event each party shall partially prevail in such action, costs and reasonable attorneys' fees shall be equitably apportioned between the parties by the court. SECTION XIII—RIGHT OF DECISION PROFESSIONAL shall perform all project services and work to the satisfaction of the Director of CITY's Department having authority over the prosecution of the work contemplated by the WORK ORDER, which Director shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this MASTER AGREEMENT and the subject WORK ORDER and according to the prosecution and fulfillment of the services and work there under, and the character, quality, amount and value of such services and work. Such Director's decision upon all claims,questions and disputes shall be final, conclusive and binding upon the parties. In the event that PROFESSIONAL disputes a decision of such Director upon any. matter, PROFESSIONAL shall appeal the disputed decision in the manner provided in the Code of Ordinances of the City of Vero Beach or such dispute shall be deemed waived. GAPending Agreementswero Beach\Prof Services MasterAgmt PRMG 140-14-JO 11 3 14.doc Page 13 of 16 259 SECTION XIV-ENTIRE AGREEMENT,VALIDITY,APPLICABLE LAW,VENUE This MASTER AGREEMENT, together with all WORK ORDERS subsequently issued hereunder by CITY, shall embody the entire agreement and understanding between the parties hereto,and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged into this MASTER AGREEMENT and such WORK ORDERS. The parties hereto and their respective legal counsel participated, or the parties hereto were given the opportunity to have their legal counsel participate in the preparation of this MASTER AGREEMENT and each WORK ORDER hereunder; therefore,this MASTER AGREEMENT and each WORK ORDER issued hereunder shall be construed neither against nor in favor of any party hereto, but rather in accordance with the fair meaning thereof. Neither this MASTER AGREEMENT nor any WORK ORDER issued hereunder may be amended, modified, changed, or supplemented in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment,modification,change or supplement is sought. The failure of any party at any time or times to require performance of any provision of this MASTER AGREEMENT or any WORK ORDER hereunder shall in no manner affect such party's right to enforce the same. A party may waive a provision of this MASTER AGREEMENT or any WORK ORDER hereunder only in a signed writing specifically stating what is waived. The waiver by any party of any breach of any provision of this MASTER AGREEMENT or any WORK ORDER hereunder shall not be construed to be a waiver by any such party of any succeeding breach of that provision or any other provision. The invalidity, illegality or unenforceability of any provision or provisions of this MASTER AGREEMENT or any WORK ORDER hereunder will not affect any other provision of this MASTER AGREEMENT or such WORK ORDER, which shall remain in full force and effect, nor will the invalidity, illegality or unenforceability of a portion of any provision of this MASTER AGREEMENT or any related WORK ORDER affect the balance of such provision. In the event that any one or more of the provisions contained in this MASTER AGREEMENT or any WORK ORDER hereunder or portion thereof shall for any reason be finally held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, this MASTER AGREEMENT and any such WORK ORDER shall be reformed, construed and enforced as if such invalid, illegal or unenforceable provision had never been contained therein. The title of this MASTER AGREEMENT and any WORK ORDER hereunder and the section and paragraph headings contained in this MASTER AGREEMENT and such WORK ORDER are not substantive parts of this MASTER AGREEMENT or such WORK ORDER and shall not expand, limit or restrict this MASTER AGREEMENT or such WORK ORDER in any way. This MASTER AGREEMENT and any WORK ORDER hereunder, regardless of where executed, shall be governed by and construed according to Florida law. The parties agree that venue for resolution of any dispute arising hereunder shall only be in Indian River County,Florida. This MASTER AGREEMENT and any WORK ORDER hereunder may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. GAPending AgreementsWero BeachNProf Services MasterA9mt PRMG 140-14-JO 11 3 14.dm Page 14 of 16 260 IN WITNESS WHEREOF, the parties hereto have executed this MASTER AGREEMENT as of the date first written above. PROFESSIONAL SERVICES PROVIDER: L WITNESSED BY: QIlrb,IC tltrCtS (full legal name of PR FESSIONAL) �,, �}- BY: Sign: �C> Sign: Print: CYNDRAVALENTIN Print: Title: / 2 Sign: "4Sign: Print: 7l « Print: Tide: STATE OF Florida COUNTY OF Orange The foregoing instrument was acknowledged before me this 10h day of November, 2014, by Henry L. Thomas, as Senior Vice President of Public Resources Management Group Inc., who X is • personally known to me; OR presented as identification; and who did not take an oath. NOTARY PUBLIC Sign: . YAL@111M Print: t;YMT1UAYALENTNI .1(Y,(�N9�ON t FF t3dtlG IRE> .My 12,tote State of Florida at Large(seal) nn '�0firy ` Commission No.:T� Pt at�-1 My Commission Expires: 220g G:1Pending Agreements\Vero Beach\Prof Services MasterAgmt PRMG 140-14-JO 11 3 14.doc Page 15 of 16 261 • CITY OF VERO BEACH,FLORIDA: ATTEST: CITY OF VERO BEACH BY: Sign: Sign: Print: Tammy K.V k Print: nity R-O Connor Title: City Clerk Title: anager STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of ,bee&fr>6x r ,20-JY by James R.O'Connor.as City Manager,and attested by Tammy K. Vock,as City Clerk, of the City of Vero Beach,Florida. They are both known to me and did not take an oath. NOTARY PUBLIC SHUR PHLO wr r E 22206E ptpWe&December 3,2016 Sign: rL Bonded tfrw trowy PV*unoerrr un Pant --04;4A.- State 4 • State of Florida at Large(seal) Commission No.: My Commission Expires: Approved as to form and legal sufficiency: Approved as to technical and budget sufficiency: A e /1A 11.4 4 1�, r a meat, ity Attorney Cynthi wson,Director of Finance MODS 2014\140-14-10 RFP Rate Study For Electric UtitityWrM.Services.MasterAgmt.PRMG 140-14-JO 11.3.14.doc Page 16 of 16 262 _ PUBL1-3 OP ID: MN A CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER'nFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CON3TTTUTE A CONTRACT BETWEEN THE MUM INSURER(M AUTNORIXED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: K the codt4cats holler Is an ADDITIONAL INSURED,the poicypes)must be endorsed. it SUBROGATION t3 WAIVED,s1b}ct to the terns and oondittons olthe popsy,certain PoRdes may rrquke an endorsement. A staterneM on this mg"*doss not carder rIghts to the ca iNtate hokW in Neu of such endorsw wit s PRODUM Sharon Weiser Tto pksMdgo Apwuy-BRO 661 396-1433 661-9191660 2100 N.Dbde Hwy. lnafoAnwran strld com Boca RWan,FL 33431 AFfOROMa COVk71ABE Phoentx kmrance Con PaffY 2M" NSUiEO Public Resotmces Mpmt Grp,Inc owxm @:oh to Cmak Ir1R imme Co. 24074 341 N. Maitland Ave.OW wa1Non c:TraveWS Cmuaky i Sp 19038 Maitland,FL 32751 s mitut lronsiwro SpeclaIty Ins.Co. maKra d!i COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS M TO CERTWY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ADM FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNQ ANY RECIUMEMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE NSURANCE AFFORDED BY THE POLICES DESCRIBED HEREN is SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES.LIMITS SNOWH MAYHAVE BEH1 REDUCED BY PAID CLAIMS. Im LI/ers TTPs OF NOUtMICF 91049M.UAOLRY EACHOCCURf1ENCE = 1+�+ DC A X CohoA51 IALGEHER&L"U" X 57itMi659PHX14 01/05/2094 O1MWO15 s 3M rX.M►� ff]OCCUR WED L P or Pon f 5, PERSON&i ADV W44RY f i.o00,004 G6*PALA49Re"'1F $ A X Aqp Per Project2,000,0(X2,�+ rENtA"PF4ATEOMTAPK"PER* PRODUCTS-COMP'APAG6 f f POLICY mX LPC 1+000 AUTOHOOLA Let LM AANY A rto S7iMiS5SPHX14 01lOSIZ014 01/0S/2015 ODDLY DORY(Pw PKION) f &L OWNED SCHFDLIM Y N L RY IPW f AUTOS ID X HRRID AUTOS X f AUTOS f UMBABUA tAChOOMRREWM f 1+ Wa X OCCUR 1+�+ B X omwc 6xca"LIAR czAlMs#eliDE U015537343t2 A1105/Z014 e1105R015 Aoamm-E f DED I X mag"cow upwATION X I X DIX C WYPROPRlTORP i vEYO NIA UB4i30Ti4514 D2J09/2014 Y7/01f2015 E1.FaCHACCICINT f 1.000, OfTtRe7frttl EIOISEASE-FA MAADME f s o.APe«QyCRATXm Rww EL aasASE-FOUDIX CYIIWT s 1,000. D Usb 993M 01rt512094 01175/20100 5 App 7. 00( Wm*Mads DATE 111184 R 56,, DaKrnm OF OPINTIOM I LOCATI"I VBa1.B Nei*ACORD p1,A"ftn l ft"rk*plrrM.R XWO"Oft b f"wkv4 Certificate Holder is listed as additional insured regarding 9ODexal ability only for work perfors»d by Public Reso'k- Mgmt GrP, Ina., ATIM1 pTRACT#1657-C CIERTIFCATE tQLM CAW-'ELLATION CITYV-6 tf/ONLJJ ANY OP 716E AttO'Vt DEiCRMlD POLIClEt S!CAr1CG1ED aR60RE THE EXPRRATM DATE TIRREOF, NOYIM W LL TIMI DeLrM= IN ACCORDANCE YRIITH THE POLICY PRWIMO"& City of Vero Bwh PO Box 1388 AUMOMED RE'RESEWAI E q Vero Beach,FL 32964-1388 ,moo ®1828,2010 ACORD CORPORATION. AR dgMe reserved. ACORD 25(2010/06) The ACORD name snd logo am registered mwks of ACORD 263 i COMMERCIAL GENERAL LIABILITY • I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This ersdoraemert moci tea insurance provided urxter the folfowirrg: COMMERCWt..0acRAl.1.1 IUW CONM RAGE PART A, The toioving Is added too WHO b AN MURED WSURANCE 13*Won Nl} for this Coverage (Section RI Part Any person or organh allon that you spree in a S. The foWwktp Is added m Paragraph a. of 4. %mtraat or agromoM requking Irssurance"tc in- 4tlret..lotruranCa .irt.COMMi±RC�.. G 1t?lQAl_ clude as an asdm wi kwiw on I* Covetwe UA9n rtY COND)TKM fgb~W Pail,but only with rnapeot to 1181ft br"bodRY kt• However,tf you specifically agree in a"contract or l W- vroputy damatpe" or "pareonai 6*ry` agreement requiring hurepwthat the ftmmce caused,In whale or In part.by Your ads or omhM - pmvklad to an addkkmW kmumd under tilts Cov- akxrs or the Bob or onrieaiana of those Along on eregre Part must appy on a prknwy basis, or a your behaC. primary and non-oontrtbutory basis,this mwmwm L In the pane nvm of your ongohq opera- is ptuwy to other k uraraor that is available to Wa; such atl"'11-1 lnstrned wit W oovm such add;- b, in coarwdion with prerttises owned by or &M Insured as a named ksaseod,and wo va not rallUad to you,,or share with the other kwu anw,provided Owt c. In cons ctlim with `your work' and included (T) The "phi InjW oa "inperty darr*EW for' w1wn the "pmducW-cmnpbthd opera ons yr*:h wv6uge is sotqM octans;and hosard". m Ttm "prrwrW k►)<xy" W wltkh owwapo is Soar parsers or ospr kvmiw does not Waify as sougm atrlsea out of an ofaertse carrimbad, an amoltal Insured (or.a damage" or 'pe sawl i*ry" � �whlahtat� or aprtemertt regwft hrsurlwuw. Bol some or organization has awxned Npbilky in a torr anoe sUll Is excess over valid and oolledle other trod of apTeerfwrd. Insurer w whettsar primary,mew contingent or The Inas Proved to surd+additional kseured on any other bode,dw is atirallable to the i weld Is lobated as f llm when the Insured is tan additional kwxW under d. This Imo ra+rrw does rwl apply on any basis to wN other ktstrra nce. MY parson or orpwrm" tar Which cover- C. � th Of gr i.Transdar aps roe an addMomd homed +speatliwky is Others To Us -� added by another en kmemed to this Cover- In COMIMERCIAL GENERAL UASL"Y CON- aspie Pall. o' Km(SMc %. This iamawom does nal apply to the rerrcfer- We waive Any rWft of recovery we may tw o Ing of of rsow to render my -proteeatonai against any pww or W90*04m bores of servicsae". payrtaersts we make for "bodily InW, *property 1, Tho Ilarst of Insurance afforded to I* aWl- dwTmw or"pww wf lnw artsktg ont of'Yom tionat Insured shat be the ti nits W toh you worst'lr►om►ed by you,or on your behalf,under A(fraa4 in MW"conkad or apreerraent requires a"owbixg or aareernew t regime kmrasnoe"with ing Irrsurarroe" to provide for Chet 8011110fwl that pert or oigankatlomWe vmive these kwxod, or Uro flrttlta ahQ111tt In the Deolara- Vit " where You have apNed tO do ao as ._... tions for ibis Coverage Pail, wlsiohevrar are Part of lire"contrsd or aw"mant rawktng maul- leas. This endorwtnant does not Increases the Brtoe" wW such person or organisation entered knb of inacrranoe Waled M the U1fiM OF MW by you before.and In of d*sun,the"bodily I SCG f»et of OT 02W7 TW*TWOKS Canpani m ft, Pape t of 2 i kwkwM s»owpvtmd rni*ww or nwMrwwo swvw a Druw w o..va me pormw" "ISM 1, 264 I COMMERCIAL GENERAL IIABiUTY inW or'propmty d~ooc m3, or the erage Part. provided #W the 'bodily h►luQr' WW somal in)W oftM is=rrJtted. 'property damage' omn, and the 'personal h- 0. The bowing detnfflm Is added to DEFINITIONS jury'Is tamed by an offense corrxnkted: (Booboo v): a. After you have entered into that contract or "Contract or anraw*m requiring insurance• aweemw means hurl part o1 any contrail or agmament un- b. V4W that pert of the contrad or agreement Is der which you are required to Include a person or In effect:and organization as an additional kms+xed on this Cov- c, Before the end of the policy period: 0 i o , Page 2 of 2 o 2W Tm»Tr AIM Coate.,too- CO DI 8109 07 kwWdn M ooVAft*4 tnidmol or%WSS roe&W%*«oflb..6-ML,Tft b P—dod- , o 265 APPENDIX D PROFESSIONAL SERVICES AGREEMENT AND WORK ORDER BETWEEN THE CITY OF VERO BEACH AND POWERSERVICES, INC . FOR ELECTRIC UTILITY SYSTEM STUDY, FEBRUARY 9 , 2015 266 CITY OF VERO BEACH, FLORIDA DEPARTMENT: ELECTRIC UTILITY PROJECT: ELECTRIC UTILITY SYSTEM STUDY WORK ORDER NO. 1 TO PROFESSIONALf$ERVICES MASTER AGREEMENT DATED ° YATWEEN CITY OF VERO BEACH -tD OWERSERVICES INC. This Work Order is issued pursuant to and incorporates herein t)aAam Professional Services Master Agreement("Master Agreement")entered into on y and between the City of Vero Beach, Florida("City")and PowerServices, Inc. ("Service Provider"). City requests and Service Provider agrees to provide the services specified herein pursuant to the terms and conditions herein set forth and in the Master Agreement. SECTION 1—PROJECT DESCRIPTION Professional Engineering Services for Electric Utility System Study. Study will address Power Supply Planning, Transmission and Distribution Planning, Resource Adequacy, and Other Optimization Strategies. SECTION 2—SCOPE OF SERVICES Primary Focus: The primary focus of each study section and component is the identification of short term and long term cost optimization benefits which will lower the cost of delivering power to the Vero Beach retail customers. A. Generation Site Options(60 days after data responses) Objective: Determine the economical options associated with the existing power plant property. General: The City of Vero Beach owns and operates a 159 MW generation plant that is currently used to self-supply the city's peaking power requirements. Vero Beach has begun negotiations with OUC for the supply of all its supplemental power supply needs including the peaking power requirements. Upon execution of a peaking power supply contract, the city's generation plant will not be utilized and will likely be decommissioned. 1. Review power plant property. 2. Evaluate the long term viability of using the power plant property as a generating site (peaking site). 3. Evaluate the economic benefits of demolishing the power plant while maintaining the transmission station and substation. • Page I of 10 C:\Users\sking\Documents\Shannon\GSAs-Contracts-Vendor FormsTowerSrvices\Vero Beach\Work order#1 Electric System Study.docx 267 4. Evaluate the feasibility to reconfigure the electric system to be able to remove the transmission and substation facilities as well as the power plant facilities. 5. Evaluate the economic benefits associated with NERC compliance opportunities 6. Evaluate the impacts, including revenue benefits, of property lease to third parties (including cellular companies). B. Transmission and Distribution Planning(210 days after data responses) Objective: Produce a 20-year Long Range System Plan(Appendix-1 provides a flowchart of this process) General: The City of Vero Beach electric system is comprised of transmission, ten (10) substations, a shared transmission station, and approximately 60 distribution circuits. The city has current transmission maps (PDF) and distribution maps (ARC-FM) but lacks a model of both the transmission and distribution system. 1. Transmission system model to be provided to PowerServices, Inc. by the City of Vero Beach. PowerServices will create the distribution system model capable of engineering and economic analysis of the distribution system using the city's system maps. PowerServices will evaluate the performance of the transmission system using the City's model. 2. Develop new city system distribution model (using Windmil software) to recommend necessary short and long range system improvements in(4)five year time frames for a 20 year plan which will focus predominately, but not exclusively, on achieving increased operating economies and meeting the capacity needs of the city and its customers. Other proprietary PowerServices software will be used for certain system component power loss analysis. This will include but not be limited to: a. Conductor type and size b. Voltages c. Circuit designations,loading and balancing d. Line sectionalizing equipment problem identification e. Distribution Transformer loss reduction f. N minus I reliability assessment for substations and feeders g. Capacitor Optimization h. Line loss reduction i. Phase balancing 3. Analyze historical and forecasted transmission, substation and distribution circuit loadings.Identify expected spot load and general load growth areas- 4. Evaluate system equipment sizing and condition, including maintenance records,test reports and testing programs 5. Evaluate condition of 69kV submarine cable 6. Evaluate City's energy conservation, load management, and demand side management plans. 7. Calculate system power losses and provide optimization plan. 8. Evaluate customer—owned generation and renewables impacts and growth areas. ® Page 2 of 10 C:\Users\skingU)ocuments\5hannon\GSAs-Contracts-Vendor For msTowerSavimWem BeachMork Order#1 Ekctric Systun Study.docx i 268 C. Resource Adequacy (90 days after data responses) Objective: Identify areas for cost and process optimization 1. Calculate and compare local distribution cost (LDC) to comparably sized utilities (LDC is all cost excluding power supply). 2. Review current cost allocation methodologies and identify shared resources. 3. Review the City's staffing levels and resource adequacy for electric utility operations, including meter reading, service work, inventory levels, spare parts, engineering, design, construction and maintenance, AMI, OMS, CIS,GIS, SCADA, and other. 4. Review Electric Department non-reimbursed support services provided for other City functions. 5. Compare staffing levels and resources to other utilities, including those in Florida, of approximately the same size to include cities that outsource. 6. Perform a resource cost trending analysis. 7. Evaluate operations and maintenance expenses based on prudent utility practice. 8. Review on-call and overtime procedures. D. Other Optimization Strategies(120 days after data responses) 1. Smart Meter applications, including: a. Pre-pay options b. Load management c. Other Smart Meter economic programs 2. Meter test program/instrument transformer connections,multiplier verification 3. Meter replacement program to lower metering losses, theft, bad debt and create a power cost reduction program 4. Transformer Loading Optimization and power loss reduction program 5. Outage Management System ("OMS") economic analysis and benefit identification associated with a "Responder" system that interties with ARC-FM and supports a work management system. The value analysis will include but not be limited to reduction in lost revenue associated with outages, improved personnel utilization, and enhanced customer satisfaction. 6. Customer Communication 7. System Automation Opportunities 8. Evaluate cost benefit of joining FMEA and/or APPA, and other utility trade organizations. OPage 3 of 10 C:\Uscrs\sking\Documents\Shannon\GSAs-Contracts-Vendor FormsTowerServicesWero Beach\Work Order#I Electric System Study.docx 269 E. Pole Attachment Agreement and Rate Analysis(90 days after data responses 1. Review the existing pole attachment agreements and recommend modernization including safety and revenue enhancements. This will include but not be limited to: a. Definitions b. Breaches c. Permitting and Fees d. Make Ready requirements and cost structure e. Unpermitted Attachments and fees f. Safety Violations and Fees g. Technical and Safety standards h. Inventory cycle and fees i. Vegetation management requirements and cost sharing j. City standards and requirement provisions beyond the NESC k. Pole space diagrams 1. Exhibits and Appendices m. All other customary provisions to protect the electric utility 2. Develop Rate Schedules and Exhibits for all fees including rental fees a. Follow prevailing Florida law and rules b. Incorporate modernized methodology for rental rate formulas c. Provide a comprehensive financial data requests d. Assist city in developing financial data for the rate calculations based on FERC uniform system of accounts method e. Incorporate all necessary and appropriate fees such as for unpermitted attachments SECTION 3—SPECIFICATIONS See Section 2—SCOPE OF SERVICES SECTION 4—CITY RESPONSIBILITIES The following shall be responsibilities of City in addition to those provided in the Master Agreement: 1. City will arrange to provide access to Vero facilities during normal work hours,provided there is not an emergency condition. 2. City will brief the Engineer on any special work rules,safety rules,or other requirements in entering any Vero facilities. 3. City will comply with any reasonable data requests submitted by PowerServices that support the Scope of Work. 4. City will make its employees available at a mutually agreeable time for the purpose of answering questions related to the project and tasks. Page 4 of 10 C:\Users\sking\Documents\Shannon\GSAs-Contracts-Vendor FOrms\PowexServices\Vero Beach\Work Order#I Electric System Study.dom 270 �r 5. City will appoint a project liaison to receive any project related communications from the Engineer during the course of the project. SECTION 5—TIME OF PERFORMANCE Service Provider shall commence work within ten 10 business days after issuance of a written notice-to-proceed. The work shall be completed within 240 business days after issuance of the written notice-to-proceed, including delivery of plans, specifications and permit applications for City review. Deliverable date is dependent upon City providing all data requested to PowerServices within 30 days of request. SECTION 6—COMPENSATION City agrees to pay and Service Provider agrees to accept, for services rendered pursuant to the Scope of Services and Specifications identified in this Work Order and in accordance with the conditions set forth in this Work Order and the Master Agreement, a maximum fee under this Work Order of$175,000. This fee and the payment schedule for said fee is itemized as follows: To be invoiced monthly based on work completed. Account#: yG I,9 yG o,5,Y. 3"3+o c SECTION 7—OTHER/ADDITIONAL CONDITIONS PowerServices has indicated the number of days after receipt of data responses for the completion of each project task.We are able to deliver certain tasks in advance of completing the final work assignment. The schedule is based on all materials and data responses from the city being available within 30 days of the City's receipt of PowerServices data requests. SECTION 8—RELATION TO MASTER AGREEMENT All conditions set forth in the Master Agreement shall control unless otherwise specified in this Work Order. SECTION 9-DESIGNATED SERVICE PROVIDER REPRESENTATIVE. Service Provider designates the following listed individual as Service Provider's representative,to represent Service Provider in all matters pertaining to this Work Order: Name: Lloyd D. Shank Title: Senior Project Manager Street Address: 916 Brightwater Circle Mailing Address: Maitland.FL 32751 Telephone: W#407-446-3307 E-mail: 1shant@powerservices.com Page 5 of 10 C:\Usem\sking\Documents\Shannon\GSAs-Contracts-Vendor FormsTowerSe vicesWero Beach\Work Order#1 Electric System Study.do= 271 SECTION 10-DESIGNATED CITY REPRESENTATIVE. City designates the following listed individual as City's designated representative, to represent City in all matters pertaining to this Work Order. Name: Thomas W.Richards (Department Director or Designee) Title: Director of Electric Utilities Street Address: 100 170"Street Mailing Address: P.O.Box 1389 Vero Beach.Florida 32961-1389 Telephone: 772-978-5051 Facsimile: 772-978-5090 Page 6of10 C:\Users\skinoocuments\Shannen\GSAs-Contracts-Vendor Forrns\PowerServices\Vero Beach\Work Order N 1 Electric System Study.dcex 272 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the last date written below. PROFESSIONAL SERVICES PROVIDER: Electric Utility System Study WITNESSED BY: POWERSERVICES INC. (full legal name of service provider) BY: Sign: •f�' Sign: Prim . G. Buckner Print-Ar Booth Title: President Sign: Sign: Print: hn W. Palmiter Print: Ro L.Willou Title: Vice President STATE OF North Carolina COUNTY OF Wake The foregoing instrument was acknowledged before me this 26`h day of January , 2015, by Gregory L Booth and Royce L. Willoughby , as President and Vice President 44W of PowerServices, Inc. , who )� is personally known to me; OR presented /J A as identification. NOTARY PUBLIC •,,,....,,. •,; C Sign: � ' •' p.FzY • Print: Shannon C. Kinn Pv$`-\0 I'z; Commission No.: N/A �•• My Commission Expires: 3/28/2019 'lot, ® Page 7 of 10 C:\Users\sking\Documents\Shannon\GSAs-Contracts-Vendor FocrosTowerServices\Vero Beech\Work Order#1 Electric System Study.docx 273 CITY OF VERO BEACH,FLORIDA: Electric Utility System Study ATTEST: CITY OF VER BY: Sign: �JAMIMA Sign: Print: Tammy K k Print:Ak6ard ger Title: City Clerk Title:Ilayor STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 1 ebry nr`� , 2015, by as and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach,Florida. They are both known to me. NOTARY PUBLIC 13 #E0 Sign: MY COMMS" MgON 1 t 222A68 Pfint: A-e.tit,' h, EXPIFM-.Dwwtw 3,2D16 �'""°�'► '"'�""*"' State of Florida at Large(seal) Commission No.: My Commission Expires: Approved as to technical requirements: Approved as conforming to municipal policy: / If I Dir for Electric Utility ate CJVManagJr DW16 Aroved as to form and legal fficienc/y: Approved as to budget sufficiency: City orney Date FinjWe Director Date ® Page 8 of 10 C:\Users\skmg\Documents\Shannon\GSAs-Contracts-Vendor Forms\PowerSemces\Vero BeachMork Order 111 Elearic System Study.docx 274 m ar _ �tsl�CuC t :etti, r '' �'. Aa t aGR%A�i C Y' -1YF _,ifS:9� + Y • - �.. ��' = � E•a -'ti .5 y �!re v�.e� r =r x�* �c .cat � e�r,��,'' w, ,,,�22.K��` r.;ti k:t E to �,r aw..p f•.tw t �,i as e c t 1 e, er Pr'td! .�' .e • .r`, 8 .kt G J l ND )'0pt i is t r 6• i 'e„ 9Lt `Z7 y b'��s y `,} ¢`rd ?` IS ray. ,, a H>• t - �"�.. i>%-icj 1:;�. 'i. r✓,. �F. 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Page 10 of 10 C:\Users\sking\Documents\Shannon\GSAs-Contracts-Vendor FortmTowerServices\Verc Beach\Work Order 111 Electric System Study.docx 276 CITY OF VERO BEACH,FLORIDA PROFESSIONAL SERVICES MASTER AGREEMENT FOR ARCHITECTURE SERVICES; X PROFESSIONAL ENGINEERING SERVICES; LANDSCAPE ARCHITECTURE SERVICES; REGISTERED SURVEYING &MAPPING SERVICES (designate appropriate service[s]) THIS AGREEMENT,entered into this day of Ua 2015, by and between the CITY OF VERO BEACH,FLORIDA,a municipal corporation organized er the laws of the State of Florida, hereinafter "CITY," and, PowerServices, Inc. hereinafter referred to as "PROFESSIONAL." WITNESSETH: For and in consideration of the mutual covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, CITY and PROFESSIONAL agree as follows: CITY hereby retains PROFESSIONAL to supply services to CITY as required and specified by CITY from time to time. PROFESSIONAL shall provide any and.all services encompassing and related to the PROFESSIONAL's professional discipline(s) as designated above and specified by CITY. This agreement, together with any attachments, which are incorporated herein, shall be referred to as the "MASTER AGREEMENT"and shall be implemented by and a part of separate supplemental agreements that shall be designated"WORK ORDERS." PROFESSIONAL agrees to supply the professional services to CITY for all phases of each project as specified and described in the individual WORK ORDERS and pursuant to this MASTER AGREEMENT. PROFESSIONAL shall serve as CITY's professional representative for the project set forth in each WORK ORDER and shall give professional advice to CITY during and related to performance of the services to be rendered under such WORK ORDER. SECTION I-SCOPE OF SERVICES AND PROFESSIONAL'S RESPONSIBILITIES A. GENERAL RESPONSIBILITIES. PROFESSIONAL agrees to provide professional services to CITY, including any and all services generally and typically encompassed by and a function of PROFESSIONAL's professional discipline(s) and as more fully specified in connection with the project described in the applicable WORK ORDER(S). PROFESSIONAL shall use, in performing any and all services for CITY, the level of care, skill, and due diligence expected of and recognized by a reasonable, prudent and experienced professional in PROFESSIONAL's professional discipline(s), as the case may be,as being sound professional practice under similar conditions and circumstances. If PROFESSIONAL fails to possess and use such care, skill and due diligence in providing any and all professional services, PROFESSIONAL shall be responsible to NABIDS 20141190-14-JO RFQ Electric System StudyWaster Agreement Electric System Study RFP 190-14 Power Services.docx Page 1 of 16 277 CITY for any loss or damages resulting there from, except as monetarily limited by Section VII. B. SPECIFIC RESPONSIBILITIES. 1. The specific services to be provided by PROFESSIONAL shall be defined in each individual WORK ORDER prepared and approved by CITY. Each WORK ORDER shall include the project description, the scope of services to be provided by PROFESSIONAL, CITY's responsibilities, the time of performance, and the method and amount of compensation. WORK ORDERS shall be dated and sequentially numbered, and approved by CITY prior to a notice-to-proceed order being issued. Each WORK ORDER shall be deemed to incorporate and be subject to this MASTER AGREEMENT. 2. PROFESSIONAL's work shall commence only upon written authorization in the form of a notice-to-proceed order issued by CITY separate from this MASTER AGREEMENT and any WORK ORDER. PROFESSIONAL shall endeavor not to duplicate any previous work done on a project. After issuance of a WORK ORDER and written authorization to proceed, PROFESSIONAL shall consult with CITY to clarify and define CITY's requirements for the project and review all available data. 3. PROFESSIONAL shall attend conferences with CITY's representatives upon request. 1 obtain all permits required for performance of the work 4. PROFESSIONAL, shat ob pe necessary to complete the project described in the applicable WORK ORDER. 5. In order to accomplish the work described under this MASTER AGREEMENT and each WORK ORDER within the time frames and conditions set forth in this MASTER AGREEMENT and such WORK ORDERS,PROFESSIONAL agrees to observe the following requirements: (a) PROFESSIONAL shall maintain an adequate and competent staff of professionally qualified persons, including, but not limited to, licensed architects, licensed professional engineers, registered surveyors, draftsmen, qualified biologists, computer technicians, and other employees, as each project may require, throughout the performance of this MASTER AGREEMENT and each WORK ORDER so as to achieve acceptable and timely completion of each WORK ORDER and project (b) PROFESSIONAL shall comply with all federal, state, and local laws applicable to each project. PROFESSIONAL will design each project and perform PROFESSIONAL's services in such a manner as to be in conformance with all applicable federal, state and local laws, including, but not limited to,the Florida Department of Transportation's Manual on Uniform Minimum Standards for the Design, Construction, and Maintenance of Streets and Highways (Green Book), latest edition, the St. Johns River Water Management District's rules, and all other applicable requirements. The sealing, if required, of all plans, reports and documents prepared by PROFESSIONAL shall be governed by the NAGIDS 2014\1 90-1 4-JO RFQ Electric System StudyWaster Agreement Electric System Study RFP 190-14 Power Services.docx Page 2 of 16 278 laws and regulations of the State of Florida and the requirements of all applicable regulatory agencies. (c) PROFESSIONAL shall prepare all sketches, drawings and completed application forms and documents needed for CITY's applications for any and all required project permits, including, but not limited to those from all federal,state,and local governments and agencies. (d) Upon request of CITY, PROFESSIONAL shall provide assistance to CITY in preparation of all project grant applications, documents and drawings,as well as assistance in grant administration and compliance. (e) PROFESSIONAL shall cooperate fully with CITY in order that all phases of the work may be properly scheduled and coordinated. CITY's representatives shall have the right to inspect the work of PROFESSIONAL at any time. (f) PROFESSIONAL shall send a complete preliminary set of construction plans to all city, state and federal regulatory agencies, from which a permit or other approval is required,prior to final approval of the project design by CITY. PROFESSIONAL will coordinate the project design with all such agencies. (g) PROFESSIONAL shall contact all utility companies having installations in the vicinity of the proposed work and consider relocation of utilities,if necessary. PROFESSIONAL will provide CITY with necessary information relative to required utility adjustments, relocations and installations and will show all utilities on the final design plans. (h) PROFESSIONAL shall report the status of each WORK ORDER project to CITY upon request and hold all drawings, calculations and related work open to the inspection of CITY's representatives at any time, upon reasonable request. (i) PROFESSIONAL shall, upon request of CITY, make available on electronic digital media the documents, specifications, sketches, drawings and other data produced by PROFESSIONAL under this MASTER AGREEMENT and any WORK ORDER. PROFESSIONAL may charge only the actual cost of such electronic digital media copies. 6. PROFESSIONAL shall furnish additional copies of the drawings, specifications and contract documents as required by CITY for prospective bidders, materials suppliers, federal, state and local agencies from whom approval of the project must be obtained,and other interested parties,but may charge only for the actual cost of such copies. Upon award of any contract arising out of PROFESSIONAL's work, PROFESSIONAL shall furnish to CITY the number of sets requested by CITY of the project drawings, specifications and reports produced by PROFESSIONAL. The cost of these sets of documents is not included in the basic compensation paid to PROFESSIONAL,but will be paid as a direct expense pursuant to Section VI of this MASTER AGREEMENT. All original documents, including, but not limited to, survey notes, field books, MODS 2014\190-14JO RFQ Electric System Study\Master Agreement Electric System Study RFP 190-14 Power Servkxs.docx Page 3 of 16 279 tracings, and the like, including all items furnished to PROFESSIONAL by CITY pursuant to this MASTER AGREEMENT or any WORK ORDER,are and shall remain the property of CITY, and shall be delivered to CITY upon completion of the work or at CITY's request,whichever occurs first. 7. All drawings prepared by PROFESSIONAL shall be of sufficient detail to permit the actual location of the proposed improvements on the ground. Property surveys, property plats, and legal descriptions for easements and real property to be acquired shall also be furnished to CITY by PROFESSIONAL. Negotiation for all real property rights shall be accomplished by CITY, unless CITY specifically requests PROFESSIONAL to perform such services in a WORK ORDER. In such event, PROFESSIONAL shall be compensated for the additional services as provided in such WORK ORDER. 8. Any additional work for a project's permitting required by a regulatory agency pursuant to regulations established after the date of the applicable WORK ORDER shall be an additional service. CITY shall compensate PROFESSIONAL for such additional work in accordance with the provisions herein and the applicable WORK ORDER and in accordance with the fee schedule provided in such WORK ORDER or the WORK ORDER authorizing such additional work. PROFESSIONAL shall obtain approval from CITY prior to commencement of any such additional work. 9. If CITY proposes to construct the improvements in a phased manner, PROFESSIONAL shall prepare detailed master plan drawings as required by the applicable WORK ORDER. l0. Compensation to PROFESSIONAL for services rendered shall be in accordance with each WORK ORDER, mutually agreed upon by PROFESSIONAL and CITY. Unless otherwise stated in this MASTER AGREEMENT or a WORK ORDER hereunder,all services provided for in this MASTER AGREEMENT or such WORK ORDER are included within the scope of basic compensation provided for in each particular WORK ORDER C. SPECIAL CONSULTANTS. PROFESSIONAL agrees to assist and advise CITY, in determination of the need for and selection of any special consultants for the project covered under each WORK ORDER. D. SUBCONTRACTORS. Before the employment of any subcontractor by PROFESSIONAL in performance of the work under this MASTER AGREEMENT or any WORK ORDER,PROFESSIONAL shall obtain approval of such subcontractor from CITY, which approval shall not be unreasonably withhold. Any such subcontractor employed by PROFESSIONAL shall be subject to and comply with all applicable provisions of this MASTER AGREEMENT and the applicable WORK ORDERs hereunder and PROFESSIONAL shall be responsible for insuring such compliance. NABIDS 20141190-14-JO RFQ Electric System StudyWaster Agreement Electric System Study RFP 190-14 Power Services.docx Page 4 of 16 280 E. DESIGNATED PROFESSIONAL REPRESENTATIVE. i. REPRESENTATIVE AS TO MASTER AGREEMENT. PROFESSIONAL designates the following listed individual as PROFESSIONAL's representative, to represent PROFESSIONAL in all matters pertaining to this MASTER AGREEMENT: Name: Lloyd D.Shank Title: Senior Project Manager Street Address: 916 Brightwater Circle Mailing Address: Maitland,FL 32751 Telephone: W#407-446-3307 E-mail: IshankAp2werservices.corn 2. REPRESENTATIVE AS TO WORK ORDERS. PROFESSIONAL shall designate in each WORK ORDER its representative for all matters pertaining to the performance of the work under such WORK ORDER together with such representative's contact information. 3. Designated representatives and contact information may be changed by the giving of written notice as provided herein. SECTION II-CITY RESPONSIBILITIES A. DATA TO BE FURNISHED. CITY agrees to provide to PROFESSIONAL the following documents, material, and data as required in connection with the work to be performed under this MASTER AGREEMENT and each WORK ORDER hereunder: I. A copy of all available preliminary data or reports in the possession of CITY that are pertinent to the project, such as survey notes, existing location surveys, topographic surveys,and related documents. 2. A copy of all available drawings, right-of-way maps, and other documents in possession of CITY that are pertinent to the project. B. OTHER CITY RESPONSIBILITIES. CITY shall be responsible for: 1. Acquiring all rights-of-way, easements and other rights in real property as necessary to complete the project described in the applicable WORK ORDER. 2. Making provisions for PROFESSIONAL to enter upon public or private property as required for PROFESSIONAL to perform PROFESSIONAL's services. 3. Promptly executing all permit applications prepared and coordinated by PROFESSIONAL needed to expedite the acquisition of any local,state or federal permits made necessary by the project described in the applicable WORK ORDER- 4. RDER4. Those additional CITY responsibilities as set forth in the terms of the applicable WORK ORDER issued pursuant to this MASTER AGREEMENT. NABIDS 2014\190-14JO RFQ Electric System Stw"aster Agreement Electric System Study RFP 190-14 Power Servims.docx Page 5 of 16 281 i C. DESIGNATED CITY REPRESENTATIVE. 1. REPRESENTATIVE AS TO MASTER AGREEMENT. CITY designates the following listcd individual as CITY's designated representative, to represent CITY in all matters pertaining to this MASTER AGREEMENT. Name: Thomas W.Richards Title: Director of Electric Utilities Street Address: 100 170i Street Mailing Address: P.O.Box 1389 Vero Beach Florida 32961-1389 Telephone: (772)978-5051 Facsimile: (772)978-5090 Email: trichards(a-covb.om 2. REPRESENTATIVE AS TO WORK ORDERS. CITY shall designate in each WORK ORDER its representative for all matters pertaining to performance of the work under such WORK ORDER together with such representative's address, telephone number and facsimile number. 3. Designated representatives and contact information may be changed by the giving of written notice as provided herein. 4. Designation of CITY represcntatives notwithstanding, it is understood that final authority for CITY on all matters rests solely with the City Council and PROFESSIONAL acknowledges this fact. SECTION III-CHANGES AND ADDITIONAL WORK Any changes in the work or additional work necessitated by unforeseen conditions,or by changes to a project's plans or scope of the project due to requests of CITY after approval and acceptance of the plans and scope by CITY, shall be subject of and may commence only upon approval and issuance by CITY of an additional WORK ORDER and notice-to-proceed. Such change in the work or additional work shall be performed by PROFESSIONAL in accordance with the fee schedule provided in such WORK ORDER. SECTION IV-DURATION OF AGREEMENT A. MASTER AGREEMENT. This MASTER AGREEMENT shall remain in full force and effect until completion of all project phases of"RFP 190-14/JO Electric Utility System Study" as specified by CITY, unless otherwise terminated pursuant to the terms of this MASTER AGREEMENT. B. WORK ORDER. Each WORK ORDER shall specify the time frames agreed to by CITY and SERVICES PROVIDER for services to be rendered under the WORK ORDER. NIBIDS 2014\190-14-JO RFQ Electric System StudyWaster Agreement Electric System Study RFP 190-14 Power SerAces.docx Page 6 of 16 282 C. ORDERLY AND CONTINUOUS PROGRESS. The provisions of this MASTER AGREEMENT and each WORK ORDER, unless stated otherwise, anticipate the orderly and continuous progress of each project. SECTION V-TERMINATION A. TERMINATION BY EITHER PARTY WITHOUT CAUSE. Either party shall have the right at any time to terminate this MASTER AGREEMENT in its entirety without cause, or to terminate any WORK ORDER without cause, provided that thirty (30) days prior written notice of the intent to terminate is delivered by certified mail or personal delivery to the designated representative of the other party. In the event that a WORK ORDER is being terminated,the terminating party shall identify the specific WORK ORDER being terminated and the specific WORK ORDER(S)to be continued to completion pursuant to the provisions of this MASTER AGREEMENT. This MASTER AGREEMENT shall remain in full force and effect as to all authorized WORK ORDERS that are to be continued to completion. B. DELIVERY OF DOCUMENTS. Upon termination of this MAS"IER AGREEMENT or any WORK ORDER by either party,PROFESSIONAL shall,within ten(10)days,or any extensions thereto as may be mutually agreed to by the parties,deliver or otherwise make available to CITY all documents, materials, files and electronic digital media, including, but not limited to, reports,drawings,plans,specifications,and other data and documents, that have been obtained, prepared or produced by PROFESSIONAL in performing services under this MASTER AGREEMENT and the pertinent WORK ORDER, regardless of whether the work on such documents and materials has been completed or is in progress. C. PAYMENT IN THE EVENT OF TERMINATION. In the event this MASTER AGREEMENT or any WORK ORDER is terminated by either party prior to final completion, PROFESSIONAL shall receive payment from CITY for the unpaid portion, if any, of PROFESSIONAL's services actually provided under this MASTER AGREEMENT and the applicable WORK ORDER to the date of termination, provided that PROFESSIONAL is not in default of any provision of this MASTER AGREEMENT or the applicable WORK ORDER. SECTION VI-PAYMENTS TO PROFESSIONAL CITY agrees to pay and PROFESSIONAL agrees to accept,for services rendered pursuant to this MASTER AGREEMENT and any WORK ORDER hereunder, fees in accordance with the following conditions: A. PROFESSIONAL SERVICES FEE. I. The basic compensation of PROFESSIONAL shall be mutually agreed upon by PROFESSIONAL and CITY prior to issuance of each WORK ORDER and shall be included in the WORK ORDER for review and approval by CITY. 2. PROFESSIONAL acknowledges that CITY is exempt from sales taxes and CITY shall not be invoiced for same. NABIDS 2014\190-14-JO RFo Electric System StudyWaster Agreement Electric System Study RFP 190-14 Power Services.docx Page 7 of 16 283 3. Each WORK ORDER may be divided into units of deliverables or phases of work, including, but not limited to, reports, findings, drawings, drafts, or other work product, that must be received and accepted in writing by CITY's designated representative prior to approval of payment for such work. 4. Fees and other charges for services shall be invoiced monthly or as otherwise provided in the applicable WORK ORDER. PROFESSIONAL shall submit duly certified and proper invoices for approval, in triplicate, to CITY's representative designated in the applicable WORK ORDER. Such invoices shall be reviewed by CITY and, if approved, shall be submitted to the CITY's chief disbursement officer for payment together with certification that the services invoiced have been rendered and that the services are in conformity with this MASTER AGREEMENT and the applicable WORK ORDER. In any case in which an improper invoice is submitted by PROFESSIONAL, CITY shall within ten(10) business days after such improper invoice is received by the designated CITY representative,notify PROFESSIONAL that the invoice is improper and indicate what corrective action on the part of PROFESSIONAL is needed to make the invoice proper. 5. The payment due date for invoices shall be forty-five (45) days after a certified and proper invoice is received by the CITY's chief disbursement officer after approval by the appropriate CITY representative, or if required,approval by City Council. However, if CITY notifies PROFESSIONAL by such due date that CI'T'Y disputes the invoice or any portion thereof,the payment due date for such disputed invoice or portion shall be as provided herein for resolution of invoice payment disputes. Payment of any undisputed invoice or undisputed portion of an invoice not made by CITY to PROFESSIONAL by the due date shall begin to bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. PROFESSIONAL must invoice CITY for any interest accrued in order to receive the interest payment. 6. In the event a dispute occurs between CITY and PROFESSIONAL concerning payment of an invoice, such disagreement shall be resolved by the Director of CITY's Department having responsibility for the applicable WORK ORDER. The Department Director shall proceed, not later than forty-five (45) days after the date on which a proper invoice was received by CITY,to resolve the dispute by good faith consultation with PROFESSIONAL and CITY's representative(s) and such proceeding shall be concluded by final decision not later than sixty(60) days after the date on which a proper invoice was received by CITY. CITY shall pay PROFESSIONAL the amount agreed between the parties as proper for the invoice or, if agreement cannot be reached, the amount determined by the Director to be proper for the invoice. Such payment shall be less any amounts previously paid by CITY with respect to such invoice. In the event that PROFESSIONAL disputes the decision of the Director, PROFESSIONAL shall appeal such decision as provided in the Code of Ordinances of the City of Vero Beach or such dispute shall be deemed waived and the Director's decision shall be final. 7. If an invoice payment dispute is resolved in favor of CITY,then interest charges shall begin to accrue fifteen(15)days after CITY's final decision. If such dispute is resolved in favor of PROFESSIONAL,then interest shall begin to accrue as of WBIDS 20141190-14-JO RFQ Electric System StudyWaster Agreement Electric System Study RFP 190-14 Power Services.docx Page 8 of 16 284 �I the original date the payment became due, which due date shall be calculated as forty-five(45)days from the appropriate date provided in Section 218.73,Florida Statutes,as it may be amended. 8. In the event it is determined that CITY has overpaid an invoice, PROFESSIONAL shall refund to CITY the amount of such overpayment within forty-five(45)days of such determination. If the overpayment is not refunded by PROFESSIONAL within that time,such overpayment shall begin to bear interest from thirty (30) days after such refund due date at the rate of one percent (1%) per month on the unpaid balance. 9. The due date and treatment of invoices for construction services, as defined in Section 218.72, Florida Statutes, if applicable, shall be as provided in Section 218.735,Florida Statutes,as those sections may be amended. 10. In order for both parties to close their books and records,PROFESSIONAL shall clearly state "Final Invoice" on PROFESSIONAL's final billing to CITY for each WORK ORDER, as applicable. PROFESSIONAL shall submit with such Final Invoice certification that all services under the applicable WORK ORDER have been performed and that all charges and costs have been invoiced to CITY, together with a list of all subcontractors and suppliers providing goods or services under the applicable WORK ORDER and certification that all such subcontractors and suppliers have been fully paid. No Final Invoice shall be approved for payment until PROFESSIONAL has fully complied with this provision. B. DIRECT PROJECT EXPENSES. "DIRECT PROJECT EXPENSES"means actual expenses incurred in connection with a Project as described in paragraphs 1 through 4 below. CITY agrees to pay DIRECT PROJECT EXPENSES as follows: I. Soil Survey. CITY shall make direct payment to the approved soil laboratory for soil survey work approved by CITY in writing,that is necessary in furtherance of the project. 2. Printing and Reproduction. CITY shall make direct payment to PROFESSIONAL for the properly documented cost of printing and reproduction. The maximum cost allowed per blueprint shall be $1.00 per sheet and for each mylar or sepia shall be$4.00 per sheet,unless otherwise specified in the WORK ORDER. 3. Per Diem and Travel Expenses. CITY shall reimburse PROFESSIONAL the actual cost of all properly documented travel related expenses in accordance with rates and rules established by Chapter 112, Florida Statutes, including, but not limited to, meals, lodging, and transportation necessary for project related work accomplished away from PROFESSIONAL's office. 4. Recording,Permit Fees,Other Expenses. CITY shall reimburse SERVICE PROVIDER for the actual cost of properly documented recording,permit fees NABIDS 2014\190-14-JO RFQ Electric System StudylMaster Agreement Electric System Study RFP 190-14 Power Services.docx Page 9 of 16 285 and other project expenses that are not included within PROFESSIONAL's basic compensation as provided in the applicable WORK ORDER. C. TRUTH-IN-NEGOTIATION CERTIFICATION. In accordance with Florida Statutes Section 287.055(5xa), for any lump-sum or cost-plus-a-fixed-fee professional service authorized by a WORK ORDER issued pursuant to this MASTER AGREEMENT in which the fee is over the threshold amount provided in Florida Statutes Section 287.017 for Category Four, as it may be amended, PROFESSIONAL hereby certifies that wage rates and other factual unit costs supporting the compensation are accurate,complete,and current at the time of said WORK ORDER. The original contract price set forth in said WORK ORDER and any additions thereto will be adjusted to exclude any significant sums by which CITY determines the contract price was increased due to inaccurate, incomplete,or non-current wage rates and other factual unit costs. All such adjustments shall be made within one(1)year following the end of the pertinent WORK ORDER. SECTION VII- INSURANCE AND INDEMNIFICATION A. General Before starting and until acceptance of the work by the City,the Contractor shall procure and maintain insurance of the types and to the limits specified below. The contractor shall require each of his subcontractors to procure and maintain, until completion of that subcontractor's work, insurance of types and to the limits specified below. It shall be the responsibility of the contractor to ensure that all his subcontractors comply with all of the insurance requirements contained herein relating to such subcontractors. The City reserves the right to request proof of subcontractor's insurance from the contractor. B. Coverage Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Workers'Compensation $500,000 each accident $500,000 bodily injury by disease each employee $500,000 bodily injury by disease policy limit Workers' Compensation insurance must meet mandatory statutory Limits for employers with three or more employees. 2. Commercial General Liability-Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and must include: $1,000,000 per occurrence/$2,000,000 aggregate Products and Completed Operations -Contractors shall maintain in force until at least three years after completion of all services required under the contract,coverage for products and completed operations,including Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific contract,including any hold harmless and/or indemnification agreement. NABIDS 20141190-14-JO RFQ Electric System StudyWaster Agreement Electric System Study RFP`190-14 Power Services.doex Page 10 of 16 286 3. Business Auto Policy- Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: $1,000,000/combined single limit(CSL) 4. Umbrella-$1,000,000 per occurrence. Otherwise,$2,000,000 per occurrence,if the contract exceeds 180 days or$300,000. 5. Professional Liability. SERVICE PROVIDER shall maintain in force,during the duration of this AGREEMENT and acceptance by CITY of the work performed by SERVICE PROVIDER, professional liability insurance providing coverage for all claims arising out of SERVICE PROVIDER's performance of the professional services under this AGREEMENT. $2,000,000 per occurrence 6. Certificates of Insurance-Certificates of all insurance required from the contractor shall be filed with the City and shall be subject to its approval for adequacy and protection. Certificates from the insurance carrier,stating the types of coverage provided, limits of liability and expiration dates, shall be filed with the City before operations are commenced.The City of Vero Beach shall be identified as an additional insured for general and automobile liability coverage's required above. A copy of the additional insured endorsement must be attached and contain language no less restrictive than ISO Form CG20100704 or ISO Form CG20330704. The required certificates of insurance shall not only name the types of policies provided,but shall also refer specifically to this contract and section and the above paragraphs in accordance with which such insurance is being furnished,and shall state that such insurance is as required by such paragraphs of this contract. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. 7. Notice of Cancellation and/or Restriction -Each policy must be endorsed to provide the City with a minimum of thirty (30) days notice of cancellation and/or restriction, tent days (10) days notification for non-payment. D. INDEMNIFICATION. PROFESSIONAL will indemnify and hold harmless CITY,its departments,elected officials, officers, employees and agents, from any and all liabilities, damages, losses, and costs, including,but not limited to, reasonable attorneys' fees and costs through trial and appeal,to the extent caused by the negligence, recklessness, or intentional wrongful conduct of PROFESSIONAL and other persons employed or utilized by PROFESSIONAL in the performance of this MASTER AGREEMENT and any WORK ORDER hereunder or arising out of the violation of any law or regulation by PROFESSIONAL or persons employed or utilized by PROFESSIONAL. SECTION VIII-ACCESS TO RECORDS/AUDIT RIGHTS PROFESSIONAL shall maintain books, records, documents, time and costs accounts and other evidence directly related to its performance of services under this MASTER AGREEMENT and WORK ORDERS hereunder. All such time records and cost data shall be maintained in accordance with generally-accepted accounting principles. PROFESSIONAL shall also maintain the financial information and data necessary to determine overhead rates in accordance with the requirements of federal and state regulatory agencies and this MASTER AGREEMENT. CITY's representatives shall have access upon request to such books, records, documents, time and costs accounts and other evidence for inspection, auditing and copying. Any such inspection,auditing and copying shall be at CITY's expense. NABIDS 2014\190-14-J0 RFQ Electric System StudyWaster Agreement Electric System Studer RFP 190-14 Power ServIm.doex Page 11 of 16 287 PROFESSIONAL shall maintain and allow access to the records required under this section for a period of three (3) years after completion of the services provided under this MASTER AGREEMENT and date of final payment for such services, or date of termination of this MASTER AGREEMENT as provided herein. For each project and WORK ORDER hereunder, PROFESSIONAL will maintain separate accounting records that will include, but not be limited to, timecards,job cost records, invoices, and all other such data necessary to identify project and WORK ORDER costs. Said records will be made available to CITY's representatives for inspection, auditing and copying at PROFESSIONAL's office upon request and at CITY's expense. PROFESSIONAL shall allow public access to all documents, papers, letters, and other material that is subject to the provisions of Chapter 119, Florida Statutes, and made or received by PROFESSIONAL in conjunction with this MASTER AGREEMENT or any WORK ORDER hereunder. PROFESSIONAL shall immediately inform CITY of any and all public records requests made to PROFESSIONAL and coordinate with CITY the PROFESSIONAL's compliance with such request. SECTION IX-OWNERSHIP AND REUSE OF DOCUMENTS A. OWNERSHIP OF DOCUMENTS. It is understood and agreed by the parties hereto that all documents and materials, including, but not limited to, reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and any other data used, developed or produced by PROFESSIONAL or at PROFESSIONAL's direction for the purpose of this MASTER AGREEMENT and any WORK ORDER hereunder, shall become the property of CITY and shall be made available by PROFESSIONAL at any time upon request of CITY's representatives. When all work contemplated under this MASTER AGREEMENT or any WORK ORDER is complete, all of such documents shall be delivered to CITY's designated representative. B. REUSE OR PUBLICATION OF DOCUMENTS. All documents, including, but not limited to,drawings and specifications,prepared or produced by PROFESSIONAL for a specific project pursuant to this MASTER AGREEMENT and any WORK ORDER, are related exclusively to the services described in this MASTER AGREEMENT and the WORK ORDER(S)for such project. Unless otherwise provided in a WORK ORDER or other supplemental agreement, they are not intended or represented to be suitable for reuse by CITY or others on extensions of the subject project or on any other project and any such utilization or adaptation shall entitle PROFESSIONAL to additional compensation at a rate to be agreed upon by CITY and PROFESSIONAL. PROFESSIONAL shall not be liable for any reuse of the documents unless such reuse is intended by the WORK ORDER or the reuse is agreed to by the parties hereto. PROFESSIONAL shall not be liable for any modifications made to the documents by other than PROFESSIONAL or anyone directly or indirectly employed by PROFESSIONAL. Any documents provided to, prepared or assembled by PROFESSIONAL and PROFESSIONAL's subcontractors under this MASTER AGREEMENT and any WORK ORDER hereunder shall be kept solely as property of CITY and shall not be made available to any individual or organization without the prior written approval of CITY. PROFESSIONAL shall not publish any information or documents concerning a project under this MASTER AGREEMENT or any WORK ORDER without the written consent of CITY. SECTION X-NOTICES NABIDS 20W190-14-JO RFQ Electric System StudyWaster Agreement Electric System Study RFP 190-14 Power Services.docx Page 12 of 16 288 All notices, certificates, reports, requests, demands, materials and any other communications hereunder or pursuant to any WORK ORDER shall be in writing and deemed to have been duly given (i) upon delivery (personally, by courier service such as FedEx or by other messenger) to the address of the appropriate party's designated representative as set forth in the applicable WORK ORDER; or (ii) upon receipt as evidenced by the appropriate form of the United States Postal Service after mailing by United States registered or certified mail,return receipt requested,postage prepaid to such address;or(iii) upon mailing if such registered or certified mail is refused by the recipient or returned unclaimed to the sender. SECTION XI-PROHIBITION AGAINST CONTINGENT FEES In accordance with Section 287.055(6)(a), Florida Statutes, PROFESSIONAL warrants that PROFESSIONAL has not employed or retained any company or person,other than a bona fide employee working solely for PROFESSIONAL, to solicit or secure this MASTER AGREEMENT or any WORK ORDER hereunder and that PROFESSIONAL has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for PROFESSIONAL, any fee,commission,percentage,gift,or other consideration contingent upon or resulting from the award or making of this MASTER AGREEMENT or any WORK ORDER hereunder. For breach or violation of this provision, CITY shall have the right to terminate this MASTER AGREEMENT and any WORK ORDER hereunder without liability and, at its discretion, to deduct from the contract price, or otherwise recover,the full amount of such fee,commission,percentage,gift or consideration. SECTION XII-REMEDIES Any remedies provided in this MASTER AGREEMENT or any WORK ORDER shall be deemed cumulative and additional and are not in lieu of or exclusive of each other or of any other rights or remedies any party hereto otherwise has by law, equity or statute. In any action arising under this MASTER AGREEMENT or any WORK ORDER issued hereunder, the prevailing party is entitled to recover a reasonable fee for the services of the prevailing party's attorney through Vial and appeal, in an amount to be determined by the court,together with the prevailing party's costs of the action. In the event each party shall partially prevail in such action, costs and reasonable attorneys' fees shall be equitably apportioned between the parties by the court. SECTION XIII—RIGHT OF DECISION PROFESSIONAL shall perform all project services and work to the satisfaction of the Director of CrIY's Department having authority over the prosecution of the work contemplated by the WORK ORDER, which Director shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this MASTER AGREEMENT and the subject WORK ORDER and according to the prosecution and fulfillment of the services and work there under, and the character, quality,amount and value of such services and work. Such Director's decision upon all claims,questions and disputes shall be final, conclusive and binding upon the parties. In the event that PROFESSIONAL disputes a decision of such Director upon any matter, PROFESSIONAL shall appeal the disputed decision in the manner provided in the Code of Ordinances of the City of Vero Beach or such dispute shall be deemed waived. SECTION XIV-ENTIRE AGREEMENT,VALIDITY,APPLICABLE LAW,VENUE This MASTER AGREEMENT, together with all WORK ORDERS subsequently issued hereunder by CITY,shall embody the entire agreement and understanding between the parties hereto,and NABIDS 2014\190-14-J0 RFO Electric System Study\master Agreement Electric System Study RFP 190-14 Power Servicas.docx Page 13 of 16 289 there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged into this MASTER AGREEMENT and such WORK ORDERS. The parties hereto and their respective legal counsel participated, or the parties hereto were given the opportunity to have their legal counsel participate in the preparation of this MASTER AGREEMENT and each WORK ORDER hereunder; therefore,this MASTER AGREEMENT and each WORK ORDER issued hereunder shall be construed neither against nor in favor of any party hereto, but rather in accordance with the fair meaning thereof. Neither this MASTER AGREEMENT nor any WORK ORDER issued hereunder may be amended, modified, changed, or supplemented in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment,modification,change or supplement is sought. The failure of any party at any time or times to require performance of any provision of this MASTER AGREEMENT or any WORK ORDER hereunder shall in no manner affect such party's right to enforce the same. A party may waive a provision of this MASTER AGREEMENT or any WORK ORDER hereunder only in a signed writing specifically stating what is waived. The waiver by any party of any breach of any provision of this MASTER AGREEMENT or any WORK ORDER hereunder shall not be construed to be a waiver by any such party of any succeeding breach of that provision or any other provision. The invalidity, illegality or unenforceability of any provision or provisions of this MASTER AGREEMENT or any WORK ORDER hereunder will not affect any other provision of this MASTER AGREEMENT or such WORK ORDER, which shall remain in full force and effect, nor will the invalidity, illegality or unenforceability of a portion of any provision of this MASTER AGREEMENT or any related WORK ORDER affect the balance of such provision. In the event that any one or more of the provisions contained in this MASTER AGREEMENT or any WORK ORDER hereunder or portion thereof shall for any reason be finally held to be invalid,illegal or unenforceable in any respect by a court of competent jurisdiction, this MASTER AGREEMENT and any such WORK ORDER shall be reformed, construed and enforced as if such invalid, illegal or unenforceable provision had never been contained therein. The title of this MASTER AGREEMENT and any WORK ORDER hereunder and the section and paragraph headings contained in this MASTER AGREEMENT and such WORK ORDER are not substantive parts of this MASTER AGREEMENT or such WORK ORDER and shall not expand, limit or restrict this MASTER AGREEMENT or such WORK ORDER in any way. This MASTER AGREEMENT and any WORK ORDER hereunder, regardless of where executed, shall be governed by and construed according to Florida law. The parties agree that venue for resolution of any dispute arising hereunder shall only be in Indian River County,Florida. This MASTER AGREEMENT and any WORK ORDER hereunder may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. NABIDS 2014\190-14-JO RFQ Electric System StudyNMaster Agreement Electric System Study RFP 19o-14 Power Services.docx Page 14 of 16 290 IN WITNESS WHEREOF, the parties hereto have executed this MASTER AGREEMENT as of the date first written above. PROFESSIONAL SERVICES PROVIDER: Electric Utility System Study WITNESSED BY: POWERSERVICES INC. full legal name of PROFESSIONAL) BY: Sign: Sign: th Print: Ral A. lark Print: Gre Title: President Sign: Sign. Print: G.Buckner Jio Print: ce L.Willou 0 Title: Vice President STATE OF North Carolina COUNTY OF Wake The foregoing instrument was acknowledged before me this 13th day of January , 2015, by Gregory L Booth and R1..Willoughby , as President/Vice Presidentof PowerService c Inc who X is personally known to me; OR N/A presented N/A as identification; and who did not take an oath. NOTARY PUBLIC �.• a G. all p ? ,.-• R� •.. sign: �0�P t j : Print: Shannon C.King cf) Z : state of Florida a Larges{mal} Commission No.: N/A • p '� . 3/28/2019 .. ••_�� � My Commission Expires: •,,�gNKL1NG ���. N:\BIOS 2014\1 WI4-J0 RFO Electric System StudylMaster Agreement Electric System Study RFP 190-14 Power Services.doex Page 15 of 16 291 CITY OF VERO BEACH,FLORIDA: Electric Utility System Study ATTEST: CITY OF VE BEACH BY: Sign: !r-T, Sign Print: Tammy V k Pri chard Winger Title: City Clerk Title: Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this /I day of 2015, by P%;el,n r A f,0 as Mayor, and attested by Tammy K. Vock,as City Clerk, of the City of Vero Beach,Florida. They are both known to me and did not take an oath. NOTARY PUBLIC - µ My COM "1 EE 222068 Sign: EXPIRES:Deosuber 3,2016 Print: A ,+ Ban&.dT1iniNvWyP&kUob"~ State of Florida at Large(seal) Commission No.: My Commission Expires: Approved as to form and legal sufficiency: Approved as conforming to municipal polic Ci ttorney Ditte r D e Approved as to technical requirements: / . — '�— h b c- ector of Electric Utility batt NABIDS 20141190-14-J0 RFQ Electric System StudyWtaster P.gmeemerrt Electric System Study RFP 190-14 Po\wr Services.docx Page 16 of 16 292 APPENDIX E MEMORANDUM AND INFORMATION PACKET PRESENTED TO CITY COUNCIL ON FEBRUARY 17 , 2015 , RELATING TO SEEKING LOWER ELECTRIC UTILITY POWER SUPPLY COSTS THROUGH DISCUSSIONS WITH ORLANDO UTILITIES COMMISSION 293 MEMORANDUM TO: Mayor and Council Vero Beach Utilities Commission FROM: James R. O'Connor, City Manager Thomas W. Richards, P.E., Director of Electric Utility Robert Scheffel Wright, Special Counsel DATE: February 16, 2015 SUBJECT: Electric Utility Power Supply Costs SUMMARY As part of the City's ongoing efforts to achieve lower electric rates for all City electric customers, City Staff have had discussions with senior management of the Orlando Utilities Commission ("OUC") that have yielded two separate sets of "Discussion Points proposed by OUC that may form the basis for an amended power purchase agreement between the City and OUC. These two proposals were summarized in a memo from Schef Wright that was presented to Council on December 2, 2014. Because the proposals included a number of inter-related provisions and considerations, Staff were directed to prepare analyses of the City's projected total power supply costs under several scenarios, including a set of sensitivity analyses based on alternate natural gas price forecasts. These analyses were performed by William H. Herrington, P.E., of WHH Enterprises, in consultation with Electric Utility Director Tom Richards and Schef Wright. This memorandum presents and discusses these analyses and provides Staff's recommendation as to how the City should proceed in further discussions with OUC. In summary, all things considered and with due recognition and consideration of the various risks involved in this decision, and based on Mr. Herrington's analyses and recommendation, Staff recommend that the City pursue discussions and negotiations with OUC toward a definitive agreement (or agreements) that would be based on OUC's November 25, 2014 Discussion Points see Appendix B, Attachment C), which include: 1. Termination of the COVB-OUC PPA on December 31, 2023; 2. A "minimum take" provision for the "base capacity" purchase under the existing (2008) PPA of 85 MW; IL Page 1 of 4 294 3. Purchase of 54 MW of peaking capacity from OUC through 12/31/2023; 4. No St. Lucie Option; and 5. Permanent release of the City's rights to FGT transportation capacity, subject to the City's right to "recall" that capacity if the City were to add gas-fired generation capacity at the Vero Beach Power Plant to serve COVB native load by 12/31/2024. While the results of the sensitivity analyses are generally close, Staff believe that this option offers the best balance of risk protection and cost minimization over the period 2016-2029. Mr. Herrington's memorandum summarizing his analyses of the four cases studied under each of the three natural gas price sensitivities is included as Appendix A to this memo. ASSUMPTIONS AND CASES ANALYZED Mr. Herrington analyzed four cases: the Base Case, the "OUC 2029 Alternate PPA Case" based on OUC's October 20 Discussion Points, the "OUC 2023 Alternate PPA Case" based on OUC's November 25 Discussion Points, and a "Cancel OUC PPA" case in which it is assumed that the City would terminate the existing OUC PPA, pay $50 million in damages pursuant to the PPA, and rely exclusively on the Florida bulk power market for all of the City's power supply beginning in 2016. Assumptions. Key assumptions for the analyses include the following. 1. Analysis period— 2016-2029. 2. Peak Demands and Energy Requirements — same for all cases, based on most recent OUC projections for the City. 3. The 3 FMPA Power Supply Projects in which the City participates are projected to perform as expected for the entire analysis period. 4. The Vero Beach Power Plant is assumed to be retired by the end of 2015. 5. Fuel costs—same for all cases except the Natural Gas Price Sensitivity analyses. 6. Natural gas prices: a. Base/Reference -Average of PIRA Reference and AEO Reference cases. b. Low Gas Price—Average of PIRA Low and NYMEX. C. High Gas Price—Average of PIRA High Gas and FPL Base (12/2014). 7. No carbon regulation costs during the analysis period. 8. Discount rate—4.16% (supplied by City Finance Director). Page 2 of 4 295 OTHER CONSIDERATIONS As with any long-term decision that depends on market forces, continued operation of generating facilities that supply the City's power, and many other factors, there are risks inherent in whatever decision the City makes regarding its future power supplies. For example, choosing the shorter "OUC 2023 Alternate PPA" option appears, based on reasonable assumptions, to provide the lowest costs to the City over the 2016- 2029 period if gas prices are somewhat higher than currently projected; however, if the market price of natural gas were to rise and remain significantly greater than the current forecasts, and if there were no carbon regulatory costs imposed on coal-fired generation over the analysis period, it is at least possible that the Base Case — i.e., performing the existing COVB-OUC PPA as its stands — would be a better alternative. On the other hand, if natural gas prices were to be subject to the kind of volatility experienced in 2002, 2005, and 2008, as shown in the historic gas price graph in Mr. Herrington's memo, such that gas prices are even greater than the assumptions used in Mr. Herrington's High Gas Price scenario, the OUC 2023 scenario could provide even greater benefits. Similarly, if there are unexpected premature retirements of any significant amount of capacity in the Florida wholesale market, or if demand growth is unexpectedly greater than currently forecast, market capacity costs could be greater than forecast, which would render the Cancel OUC PPA (Alt Case 1) scenario much worse than the other alternatives. The point is simply that there are risks inherent in any decision, and those risks are especially significant for long-term economic decisions that depend on market forces and other factors. Additionally, the Utilities Commission and City Council must recognize that these projections are based on the best information available to Staff and Mr. Herrington, but that the input data are inherently and necessarily based on numerous assumptions. Further, considering recent experience in energy markets and the economy in general, we must all recognize that future results will almost certainly be different than the estimates presented here. Additionally, although not reflected in the discussion points, in discussions, OUC has indicated a willingness to provide the opportunity to amend the minimum-take provision in the event that the City were to lose sales volume due to either judicial or legislative action. Page 3 of 4 296 CONCLUSION AND RECOMMENDATION Based on Mr. Herrington's analyses and recommendation, and considering all known risk factors, the Electric Utility Director and City Manager recommend that the City should proceed toward negotiating an amended PPA with OUC based on purchasing power from OUC through 2023, as per OUC's proposed "Discussion Points" of November 25, 2014. Staff are available to answer any questions. APPENDICES A. Memo from William H. Herrington, P.E. B. Memo of December 1, 2014 from Schef Wright to James R. O'Connor and Wayne R. Coment, Subject: Update Regarding OUC PPA Discussions. C. Exhibit SF-10, sponsored by Sam Forrest in PSC Docket No. 140001-EI hearing on December 1, 2014. Page 4 of 4 297 APPENDIX A 107 Island Drive V V HnTcES Howey-in-the-Hills, FL 34737 iW7 Tel: 407-579-4794 Email: whhenterprises@.earthlink.net February 16, 2015 Mr. Scheffel Wright Gardner, Bist, Wiener, Wadsworth, Bowden Bush, Dee, La Via, & Wright 1300 Thomasville Drive Tallahassee, FL 32308 Dear Schef 1 have completed my modeling of the bulk power costs for Vero Beach under various cases and scenarios covering different power supply options and different natural gas price assumptions. I have evaluated four alternative power supply/purchase cases. These are: • 1. Continue under the existing OUC contract 2. Cancel the OUC contract, pay the termination fees and "go to market" 3. Accept OUC's offer dated Nov 2014 4. Accept OUC's offer dated Oct 2014 The future price of natural gas is the greatest uncertainty in estimating the future cost of power. I therefore have developed three natural gas price scenarios. These are: 1. Low natural gas price which is the average of NYMEX futures settlement prices and PIRA Low Gas Price Forecast 2. Reference Case which is the average of the PIRA Reference Forecast and the DOE Annual Energy Outlook2 Reference Case 3. High natural gas price forecast which is the average of the PIRA High Forecast and the FPL Base Gas price forecast as presented in testimony submitted to the ,I FPSC in December 2014. I Notes: 1. PIRA Energy Group,a leading international energy market analysis firm based in New York,has provided price forecasting services to the energy industry for over 30 years. 2. The US Department of Energy's Energy Information Administration publishes the Annual Energy Outloo each year. The report contains various forecasts of energy prices. The bulk power cost model output is the expected present value cost of bulk power supply to Vero Beach for the time period from Jan 2016 through Dec 2029. The results . are tabulated below. i 298 Table 1 Estimated Bulk Power Costs 2016 thru 2029 Millions $ Existing OUC Cancel OUC OUC Nov OUC Oct 2014 Contract Contract; Go 2014 Offer Offer to Market Low Gas Price $810 $735 $744 $733 Reference Gas $852 $791 $794 $851 Price High Gas Price 1 $876 1 $872 1 $840 1 $800 As is apparent, the results are mixed. However, the analysis does unequivocally indicate that continuing the existing contract with OUC is not the lowest cost alternative under any natural gas price scenario. However, the optimum strategy is dependent on the future prices of natural gas. If natural gas prices remain low, then the options of(a) canceling the OUC contract and going to the market for all power supply and (b) accepting the OUC Oct 2014 offer have approximately equal costs. However, if natural gas prices should increase at a higher rate, the OUC offer dated Oct 2014 is the lowest cost alternative. If natural gas prices should increase at the expected forecasted "Reference Gas Price" rate, then accepting the Nov 25 offer from OUC and going to the market are the lowest cost alternatives. Several techniques are commonly used to evaluate and make choices among alternatives under conditions of uncertainty. One is to calculate the expected value of each alternative by assigning reasonable probabilities to each natural gas price scenario. The results of this approach are tabulated in Table 2 below. Table 2 Expected Value Bulk Power Costs 2016 thru 2029 Millions $ Probability Existing Cancel OUC OUC Nov OUC Oct of OUC Contract; 2014 Offer 2014 Offer Occurrence Contract Go To Market Low Gas 25% $203 $184 $186 $183 Price Reference 50% $426 $396 $397 $426 Gas Price High Gas 25% $219 $218 $210 $200 Price Expected $848 $796 $793 $808 Value These "Expected Value" results indicate that accepting the OUC Nov 2014 proposal is the lowest cost alternative however only by a small amount over the "go to the market" alternative. 299 A Several other techniques are useful in evaluating alternatives under uncertainty. One is to examine the variability in expected costs under various scenarios. The range of expected costs is significantly less under the OUC Nov 2014 proposal compared to the "go to market" alternative. The present value of bulk power costs vary between $735 million to $872 million in the "go to market" alternative, which is a range of $137 million. However, with the OUC Nov 2014 offer,the range is significantly lower at$96 million. Another technique referred to as the MaxiMin criterion, considers outcomes under the worst scenario. In this case the worst scenario (i.e., the highest cost scenario) is the high gas price scenario. This decision making tool suggests that one should select the alternative that results in the lowest cost under the worst scenario. Applying this criterion suggests that the OUC offer of Oct 2014 is the superior alternative followed by the OUC offer of Nov 2014. This is equivalent to making a decision that limits the worst outcome. It may not result in the best outcome but the worst outcome is avoided. In this case, OUC's coal capacity serves as a hedge against high gas prices. Although coal prices are forecast to be above gas prices in the reference and low gas price scenario, in the event of high gas prices, electric price increases are moderated under the OUC Oct 2014 and OUC Nov 2014 offer. Since natural gas is the incremental fuel in Florida, the bulk power market prices are highly correlated with natural gas prices. Gas price risk is significant. Note the following chart depicting historical natural gas prices at Henry Hub. Although currently gas prices are near historical lows, as the chart indicates, natural gas prices can be very volatile. Both the Oct 2014 and Nov 2014 OUC proposals limit exposure to natural gas price volatility since OUC has significant coal fueled capacity and can adjust production to increase the percent of coal used when gas prices are high. MAWM ass SW and Futww Pdc"(N MOQ 17_S ISO us Is* �s se 2.S WK Wn 3M 7012 2M2M{ 21M 2 2iu -- HOMO!G»FWM Ow*a t I C' Stw US ensq�M�+eMo.nwMr.nsea, 300 Lastly, from a risk analysis perspective, one must recognize that the "go to market' alternative is more dependent on estimates, whereas the OUC alternatives involve firm offers with specified capacity pricing and accordingly, they can be evaluated much more objectively. In short, estimating total power supply costs under the "go to market' alternative not only involves the uncertainty of natural gas prices, but it also depends on estimates of the market prices for bulk power capacity. This increases the risk with this alternative. Summary and Recommendation In summary, WHH concludes that accepting the OUC offer of Nov 2014 is the best alternative, taking all risks and related considerations into account. Thank you for the opportunity to be of service to the City of Vero Beach. Sincerely, r Bill Herrington, PE 301 O M Natural Gas Price forecast -- NYNIE?( Futures Henry flub $/ 2BTU Z_.vw — -r-PIRv. Reference PIRA Low i2.2Z PIRIA Hi;h . ...-.�.�^_" � ="pmWAEQ Reference SO --�1---AE 0 Lowy --*--FPL P$C Testimnyr SON .. S V.V V �....^ 1^•�G '1^•�� In � 1^. � 1r�'t^ '�^^I• n'1'1 11� 1 1+: 1n.y 1n,1 ln'1� 1n ..1 �- WE _.__ �,.�._ Zvi• .. �. a�V' � �v ry iJL� �li'Lr'. LJ�.�r rL't �►i i.� :.ti r� .�i,e..i ...v � Natural Gas Esclation Analysis-VB Bulk Power Cost Models Analysis Analysis Analysis AEO Lo Gas Reference Hi Gas NYMEX PIRA Ref PIRA Low PIRA High Reference AEO Low AEO High FPL Case Case Case PIRA Lo& PIRA Ref PIRA Hi& NYMEX &AEO Ref FPL 2015 $2.95 $3.50 $2.95 $5.05 $3.74 $3.72 $3.83 $4.02 $2.95 $3.62 $4.54 2016 $3.38 $3.62 $3.20 $5.50 $4.14 $4.12 $4.15 $4.30 $3.29 $3.88 $4.90 2017 $3.67 $3.86 $3.30 $7.41 $4.40 $4.37 $4.49 $4.70 $3.49 $4.13 $6.06 2018 $3.86 $4.23 $3.50 $8.96 $4.80 $4.63 $4.99 $5.74 $3.68 $4.51 $7.35 2019 $4.01 $4.55 $3.80 $9.28 $4.66 $4.74 $4.87 $5.89 $3.91 $4.60 $7.59 2020 $4.13 $5.00 $4.00 $9.47 $4.38 $4.51 $4.59 $6.03 $4.07 $4.69 $7.75 2021 $4.23 $5.39 $4.15 $9.66 $4.67 $4.44 $4.72 $6.13 $4.19 $5.03 $7.89 2022 $4.36 $5.69 $4.23 $9.85 $4.82 $4.48 $4.78 $6.33 $4.30 $5.25 $8.09 2023 $4.47 $5.92 $4.32 $10.05 $4.96 $4.70 $5.04 $6.63 $4.39 $5.44 $8.34 2024 $4.55 $6.10 $4.40 $10.25 $5.12 $4.80 $5.20 $7.03 $4.48 $5.61 $8.64 2025 $4.62 $6.29 $4.49 $10.46 $5.23 $4.97 $5.41 $7.33 $4.56 $5.76 $8.89 2026 $4.73 $6.48 $4.58 $10.67 $5.36 $5.13 $5.56 $7.63 $4.66 $5.92 $9.15 2027 $4.88 $6.68 $4.67 $11.02 $5.49 $5.27 $5.71 $7.93 $4.78 $6.08 $9.47 2028 $5.04 $6.88 $4.77 $11.24 $5.59 $5.37 $5.86 $8.33 $4.90 $6.23 $9.78 2029 $5.20 $7.09 $4.86 $11.46 $5.78 $5.55 $6.15 $8.63 $5.03 $6.43 $10.05 CAGR 28.63% 36.90% 24.91% 44.03% 21.38% 19.49% 23.47% 40.51% 26.79% 29.17% 42.48% Inflation estimate used for real forecasts 2.00% w 0 w APPENDIX B CGardner, Bist, Wiener, G B T Bowden, Bush, Dee, V Y LaVia & Wright, P.A. ATTORNEYS AT LAW Michael P. Bist 1300 Thomaswood Drive Bruce 1. Wiener** Garvin B. Bowden** Tallahassee, Florida 32308 Wendy Russell Wiener Benjamin B. Bush Bedford Wilder David S. Dee www.gbwlegal.com Robert Scheffel"Scher Wright Erin W. Duncan Charles R. Gardner Telephone Facsimile John T. LaVia, III 850-385-0070 850-385-5416 '*Board Certified Real Estate Lauver M E M O R A N D U M December 1, 2014 TO: JAMES R. O'CONNOR, CITY MANAGER WAYNE R. COMENT, CITY ATTORNEY FROM: ROBERT SCHEFFEL WRIGHT SUBJECT: UPDATE REGARDING OUC PPA DISCUSSIONS This memorandum summarizes the current status of the ongoing discussions between the City and Orlando Utilities Commission ( "OUC" ) regarding possible changes to the City's 2008 Power Purchase Agreement (the "2008 PPA" ) with OUC. Following discussion of OUC's previously suggested "Discussion Points" (potential terms of an Amended and Restated PPA) at both the City Council and Utilities Commission meetings on October 21, I communicated concerns raised at those meetings to OUC, and the City Manager and I met with OUC senior management again on November 19 to discuss those concerns and how they might be addressed in revised PPA terms . On November 25, I received revised terms from OUC. In summary, the revised terms would include: (1) a shorter PPA term, through 2023 instead of through 2029; (2) no unilateral option for OUC (or the City) to terminate the PPA earlier than 2023 ; (3) no "St. Lucie Option; " (4) an opportunity for the City to "recall" or reclaim its FGT gas transportation contracts if needed to fuel new gas-fired capacity built by the City by December 31, 2024, to serve the City's native load; and (5) capacity prices for the Base Capacity purchased by the City that are less than under the 2008 PPA but greater than in the October 20 terms . The key differences between the October 20 "Discussion Points, " which were presented and discussed at the October 21 Council and Utilities Commission meetings, the November 25 Discussion Points, and the 2008 OUC-COVB kw PPA are summarized on Attachment A. (Attachment B consists of the October 20 Discussion Points and pricing table, and Attachment C consists of the November 25 Discussion Points and pricing table. ) 304 Background As you know, City Manager Jim O'Connor and I have met with OUC several times since August in our ongoing efforts to obtain amendments to the 2008 PPA that would enable the City to reduce our retail electric rates. On October 20, OUC provided to the City a list of "Discussion Points" that included: (1) significant reductions in the Capacity Payment rates as compared to those in the 2008 PPA; (2) a `minimum take" or "floor" in the amount of base capacity that the City would have to purchase in any year of 85 MW; (3) purchase by the City of 54 .5 MW of Peaking Capacity to replace the capacity of the Vero Beach Power Plant; (4) a unilateral option for OUC to terminate the PPA in or after 2020, with 2 years notice to the City; (5) an option for OUC to purchase the City's capacity and energy entitlement from the St. Lucie II Power Plant, pursuant to a PPA (as opposed to an assignment) ; and (1) OUC would receive permanent rights to (and obligations under) the City's gas transportation contracts with FGT. The October 20 Discussion Points and pricing for both the Base Capacity and the Peaking Capacity purchases are included as Attachment B to this memo. Discussion at the City Council and Utilities Commission meetings on October 21 included concerns expressed by members of the Utilities Commission and others that centered on: (1) the fact that the City would still be in a PPA with OUC that would continue through 2029; (2) the "St. Lucie Option" in the October 20 Discussion Points by which OUC would have an option to acquire the City's share of the output of the St. Lucie II Power Plant from the date when the option would be exercised through the end of the St. Lucie Plant's useful life (presently expected to be 2043) ; (3) permanent release to OUC of the City's gas transportation contracts with FGT; and (4) the unilateral opportunity for OUC to terminate the PPA in or after 2020. Responding to those concerns, I communicated the concerns to OUC, and City Manager Jim O'Connor and I met again with OUC senior management on November 19, 2014 to discuss whether there might be alternatives to the terms set forth in the Discussion Points that OUC provided to us on October 20, 2014. Following that meeting, on November 25, 2014, we received revised, alternative terms (Attachment C) that are set forth in a document comparable to the October 20 Discussion Points, as well as a table of revised prices for both the Base Capacity purchase under the PPA and also for the purchase of 54 .5 MW of Peaking Capacity (which would enable the City to retire the Vero Beach Power Plant) . AW 2 305 Discussion: 2008 PPA vs. October 20 Proposal vs. November 25 Proposal Attachment A is a table that summarizes the key points of the City's existing 2008 PPA with OUC as compared to the October 20 Discussion Points and the November 25 Discussion Points . In summary, the November 25 Discussion Points address the concerns mentioned above by: (1) reducing the term of the PPA by 6 years, so that it would terminate at the end of 2023 instead of 2029; (2) the unilateral option for OUC to terminate the PPA is deleted; (3) the "St. Lucie Option" is deleted; and (4) OUC would still be in line to receive or obtain the City's rights to the FGT gas transportation contracts, except that the City would get the right to recall or reclaim those contracts if the City were to build new gas-fired generating capacity at the existing Vero Beach Power Plant site to serve the City's native load. Not surprisingly, because of the lesser value to OUC of the revised terms, the Capacity Payments in the November 25 Discussion Points are higher than those in the October 20 Discussion Points, but still less than those in the 2008 OUC-COVB PPA. The other changed terms are the same as in the October 20 Discussion Points . Naturally, since the revised, November 25 Capacity Payments are greater than under the October 20 Discussion Points, the savings to the City are less. Because the estimated effective date of the amendments is now assumed to be October 1, 2015, the 2015 savings are significantly less than under the October 20 proposal, about $1 .3 million in 2015 vs. about $7 million under the previous proposal . Because of the higher pricing, the savings in 2016-2018 are also less - e.g. , about $5.5 million in 2016-2017 vs. about $7 million in 2016-2017 under the October 20 proposal . Also, because the new proposal would terminate the PPA as of 2023, there would be no known or definite savings from the end of 2023 going forward. In nominal dollar terms, the total savings of the October 20 proposal vs. the 2006 PPA would be about $66 .7 million (including an adjustment to reflect the current projected implementation date of October 1, 2015) , and under the November 25 proposal, the nominal dollar savings are about $37.8 million (also reflecting the October 1, 2015 implementation date) . (These savings are summarized in Attachment D to this memo. ) In practical terms, this would limit the City's ability to reduce retail electric rates in 2016, 2017, and 2018 to somewhat less than the reductions that would have been possible with the October 20 proposed Capacity Payment rates . The termination as of 2023 would also eliminate any known, definite savings available through PPA amendments as compared to performing the 2008 PPA through its current termination date, December 31, 2029. Actual results may be better or worse than the longer-term option (i .e. , 3 306 kthe October 20 proposal) depending on whether the 1 n o ger-run cost of capacity in the market is greater than or less than the costs available to the City under the October 20 proposal . Additionally, although not reflected on the term sheet, OUC's senior management have indicated that they would be happy to receive and process employment applications from any City employees whose positions would be terminated upon retirement of the Power Plant. Additional Analyses Needed for City Decision At my request, OUC senior management have confirmed to me that the City can choose either the October 20 terms or the November 25 terms, subject to the approval of the OUC Board. There are a number of elements ("moving parts") to be addressed in analyzing the three alternatives available to the City, i .e. , simply performing the 2008 PPA until its termination in 2029, the October 20 proposal, and the November 25 proposal . Needed additional analyses will, I believe, include sensitivity analyses relating to future costs of capacity and energy in the market since, under the November 25 proposal, the City will be in the market as of January 1, 2024, and what the City believes about the relationship between OUC's proposed Capacity Payment rates and the market rates for Base Capacity and Peaking Capacity from 2024 through 2029; the value of the St. Lucie Option; the value to the City of possibly keeping, or being able to recall, the rights to the FGT contracts; how these variables would fit into the City's electric rates; and other variables and considerations. I would recommend that the City undertake such analyses as soon as practicable so that the City Council will be in the best possible position to make an informed decision as soon as practicable. Because of the need to make transmission arrangements to accommodate either set of amendments, at some point, delay will almost certainly impinge on the City's ability to implement either option in October 2015. Thank you again for the opportunity to be of service to the City of Vero Beach and your citizens. I look forward to seeing you again soon. If you have any questions, please call me any time. Attachments COPIES: CINDY LAWSON, FINANCE DIRECTOR TOM RICHARDS, ELECTRIC UTILITIES DIRECTOR 4 307 A A AL COMPARISON OF KEY TERMS IN EXISTING OUC-COVE POWER PURCHASE AGREEMENT TO AMENDMENT ALTERNATIVES CONTRACT COMPONENT EXISTING PPA OCTOBER 20, 2014 NOVEMBER 25, 201 DISCUSSION POINTS DISCUSSION POINTS Contract Termination Date 12/31/2029 12/31/2029 12/31/2023 Base Capacity Payments $13,205/MW-month in 2015, $5,500/MW-month in 2015, $7,000/MW-month in 2015, increasing to $14,950/MW-month increasing to $10,000/MW-month increasing to $10,000/MW-month in 2018-2029 for 2018-2029 for 2018-2023 Peaking Capacity (54.5MW) NO PEAKING CAPACITY $3,750/MW-month in 2015, $3,750/MW-month in 2015, Prices PURCHASE increasing to$7,000/MW-month increasing to $7,000/MW-month for 2023-2029 for 2023 (same as per 10/20/2014 Discussion Points) Separate Transmission Charge NO Yes; $1,566/MW month in 2015, Yes; $1,566/MW month in 2015, increasing to $1,861/MW-month for increasing to $1,861/MW-month for 2023-2029 2023 Minimum Take of Base NO Yes; 85 MW Yes; 85 MW Capacity Termination Options NONE Yes: OUC unilateral option to NONE terminate as early as 2020, with 2 years' notice to City St. Lucie Option NONE Yes; OUC has option to buy COVB's NONE share of output of St. Lucie pursuant to a PPA; OUC must exercise option before 2029 FGT Contracts COVB's rights under FGT gas OUC would receive permanent OUC would receive permanent transportation contracts rights to COVB's capacity under FGT rights, EXCEPT that COVB could transferred to OUC for term of contracts "recall" or"reclaim" its rights if the PPA, revert to COVB at end of COVE builds new gas-fired PPA generating capacity at the Vero y Beach Power Plant site to serve COVB native load by 12/31/2024 d z � H a w 0 ATTACHMENT B Page 1 of 3 Orlando Utilities Commission Discussion Points in • Response to City of Vero Beach Request for Modification to PPA October 20,2014 Source of Capacity/Energy: Remains as OUC system sale,for both the Base Capacity and the Peaking Capacity. Term: Base Capacity: Beginning on the Amendment Effective Date and continuing for the remaining term of the PPA,with the option of OUC to terminate no earlier than 2020 upon 2 years'prior written notice. If OUC gives notice of termination,OUC and Vero Beach will negotiate in good faith to reach agreement on new market based terms and conditions for renewal and extension;provided,that neither party is obligated to agree to any such extension. Peaking Cr►pacity:Beginning upon the Amendment Effective Date and continuing for the remaining term of the PPA,with the option of OUC to terminate no earlier than 2020,upon 2 years'prior written notice.If OUC gives notice of termination,OUC and Vero Beach will negotiate in good faith to reach agreement on new market based terms and conditions for renewal and extension;provided,that neither party is obligated to agree to any such extension. Contract Capacity: BW Cance: 85 MW minimum tape requirement,with the capacity calculated as is currently provided in the PPA(substituting the Peaking Capacity for the Vero combined cycle generation). New Peaking Capacity: 54 MW of peaking capacity based on a heat rate of 11,500 Btu/KWH. Capacity Charges See Attachment A Energy Charge Base EnM Charge: Cakulated as is currently in the PPA Peaking Energy Charge: The Hourly Energy Rate($MWM=[(Index+$0.78)4 11.5]+ $5/MWH VOM Index—[Florida Zone 3 midpoint as posted in Platt's Gas Daily under Louisiana onshore-South divided by(1-FGT Fuel Surcharge effective for that month in the Delivery Period)]+FGT's FTS-1 Usage Rate effective for that month in the Delivery Period Transmission Charge Base Capacity: OUC published tariff. Pr&jdgg CWcity: OUC publishod tariff. Page 1 309 ATTACHMENT B Page 2 of 3 Orlando Utilities Commission Discussion Points in • Response to City of Vero Beach Request for Modification to PPA October 20,2014 Delivery Point for Capacity/Energy Same as in PPA currently for both Base Capacity and Pealing Capacity (OUC-FPL interconnection). Conditions of OUC Offer 1) Vero to retire the Vero Power Plant upon completion of any applicable transmission reliability upgrades,with the plant capacity removed from the PPA as an available resource for Vero as of the Amendment Effective Date. 2) OUC is to have a onetime option on or before 1-1-2029 to acquire the rights and obligations of Vero's St.Lucie Entitlement(13.5 MW) based on an agreed power purchase agreement that is a cost pass- through pricing. Option would survive OUC early termination 3) Current natural gas transportation rights assigned to OUC would remain with OUC and would survive OUC early termination. 4) Vero shall obtain network transmission service from FPL for Peaking Capacity from the Delivery Point to the load. 5) OUC shall obtain firm transmission service over the OUC transmission system for the Peaking Capacity to the Delivery Point. 6) Subject to negotiation and agreement on definitive contract terms and approval by the Board of OUC and the City of Vero Beach City Council. ® Page 2 310 ATTACHMENT B Page 3 of 3 OUC System Product OUC Peaking Prod PPA Calendar Year Existing PPA Alternative PPA PPA Savings (54.5 MW Dollars in Thousands 2014 $ 14,143 $ 14,143 $ - $ - 2015 15,054 8,055 6,999 3,476 2016 16,182 9,191 6,991 3,640 2017 17,378 10,429 6,949 3,829 2018 18,478 13,157 5,321 4,019 l 2019 19,016 14,864 4,152 4,373 2020 19,375 15,200 4,175 4,727 2021 19,913 15,679 4,234 5,082 i i 2022 20,452 16,164 4,288 5,438 2023 20,810 16,510 4,300 5,795 2024 21,349 17,004 4,345 5,825 2025 21,887 17,502 4,385 5,857 2026 22,425 18,006 4,419 51889 2027 22,963 18,515 4,448 5,921 2028 23,501 19,030 4,471 51955 2029 24,040 191550 4,490 51989 Monthly Rats($/MW) t OUC System Product OUC Peaking Product Existing PPA i (includes Alternative Peaking Peaking , Trans) Atternative PPA PPA Trani Prod PPA Prod Trans 1 2014 $ 12,673 $ 12,673 $ 1,566 $ 3,500 $ 1,566 2015 13,205 5,500 1,566 3,750 1,566 2016 13,760 6,250 1,566 4,000 1,566 2017 14,338 7,000 1,605 4,250 1,605 2018 14,950 9,000 1,645 4,500 1,645 2019 14,950 10,000 1,686 5,000 1,686 2020 14,950 10,000 1,728 5,500 1,728 2021 14,950 10,000 1,771 6,000 1,771 2022 14,950 10,000 1,816 6,500 1,816 F 2023&Beyond 14,950 10,000 1,861 7,000 1,861 I a i r Irl Estimated transmission rates equal to present rate plus 2S%annual Increase starting In 2017 j f i 311 ATTACHKENT C Orlando Utilities Commission Discussion Points in Page 1 of 3 Response to City of Vero Beach Request for Additional Options for Modification to PPA November 25,2014 Source of Capacity/Energy: Remains as OUC system We,for both the Base Capacity and the Pealing Capacity. Term: Ease Cavacity: Beginning on the Amendment Effective Date and continuing through December 31,2023. Pea"Capacity:Beginning upon the Amendment Effective Date and continuing through December 31,2023. Contract Capacity: Base CwKity:85 MW minimum take requirement,with the capacity calculated as is currently provided in the PPA(substituting the Peaking Capacity for the Vero combined cycle generation). New Pealanx Capacim. 54 MW of pealing capacity based on a heat rate of 11,500 Btu/KWH. Capacity Charges See Attachment A Energy Charge Base Eagmy Charge: Calculated as is currently in the PPA PeakingEtgY Charge: The Hourly Energy Rate($/MWH)_[(Index+$0.78)• 11.5]+ S5/MWH VOM Index=[Florida Zone 3 midpoint as posted in Platt's Gas Daily under Louisiana onshore-South divided by(1-FGT Fuel Surcharge effective for that month in the Delivery Period)]+FGT's FTS-1 Usage Rate effective for that month in the Delivery Period Transmission Charge Base Capacity: OUC published tariff. Peaking Capacity: OUC published tariff. r Page 1 312 ATTACHMENT C Page 2 of 3 Orlando Utilities Commission Discussion Points in Response to City of Vero Beach Request for Additional Options for Modification to PPA November 25,2014 Delivery Point for Capacity/Energy Same as in PPA currently for both Base Capacity and Peaking Capacity (OUC-FPL interconnection). Conditions of OUC Offer 1) Vero to retire the Vero Power Plant upon completion of any applicable transmission reliability upgrades,with the plant capacity removed from the PPA as an available resource for Vero as of the Amendment Effective Date. 2) Upon expiration of the PPA's,the natural gas transportation rights assigned to OUC would remain with OUC unless Vero builds gas-fired generation at the existing Vero Power Plant site by December 31,2024 to serve its native load,in which case Vero can request the natural gas transportation rights to be assigned back to Vero. 3) Vero shall obtain network transmission service from FPL for Peaking Capacity from the Delivery Point to the load. 4) OUC shall obtain firm trm amission service over the OUC transmission system for the Pealing Capacity to the Delivery Point 5) Subject to negotiation and agreement on definitive contract terms and approval by the Board of OUC and the City of Vero Beach City Council. Page 2 313 ATTACHMENT C Page 3 of 3 Attachment A OUC System Product OUC Peaking Estimated Prod PPA Calendar Year Existing PPA Alternative PPA PPA Savings 1 (54.5 MW) Dollars In Thousands 2014 $ 14,143 $ 14,143 $ - $ - 2015 15,054 13,731 1,323 869 2016 16,182 10,661 5,521 3,640 2017 17,378 11,641 5,737 3,829 2018 18,478 14,393 4,085 4,019 2019 19,016 14,864 4,152 4,373 2020 19,375 15,200 4,175 4,727 2021 19,913 15,679 4,234 5,082 2022 20,452 16,164 4,288 5,438 2023 20,810 16,510 4,300 5,795 Monthly Rates($/MW) OUC System Product OUC Peaking Product Existing PPA (Includes Alternative Peaking Peaking Calendar Year Trans) Alternative PPA PPA Trans Prod PPA Prod Trans 2014 $ 12,673 $ 12,673 $ 1,566 $ 3,500 $ 1,566 2015 13,205 7,000 1,566 3,750 1,566 2016 13,760 7,500 1,566 4,000 1,566 2017 14,338 8,000 1,605 4,250 1,605 2018 14,950 10,000 1,645 4,500 1,645 2019 14,950 10,000 1,686 5,000 1,686 2020 14,950 10,000 1,728 5,500 1,728 2021 14,950 10,000 1,771 6,000 1,771 2022 14,950 10,000 1,816 6,500 1,816 2023 14,950 10,000 1,861 7,000 1,861 (�1 Estimated PPA Savings assumes the Amendment Effective Date is October 1,2015 fel Estimated transmission rates equal to present rate plus 2.5%annual increase starting in 2017 E4 314 ATTACHMENT D CITY OF VERO BEACH - ESTIMATED CAPACITY PAYMENT SAVINGS AVAILABLE UNDER OUC'S OCTOBER 10/20 AND 11/25 PROPOSALS VS. 2008 OUC-COVB POWER PURCHASE AGREEMENT NOMINAL SAVINGS UNDER NOMINAL SAVINGS UNDER OCTOBER 20 PROPOSAL NOVEMBER 25 PROPOSAL YEAR (DOLLARS IN THOUSANDS) (DOLLARS IN THOUSANDS) 2015 $1,750 $1,323 2016 $6,991 $5,521 2017 $6,949 $5,737 2018 $5,321 $4,085 2019 $4,152 $4,152 2020 $4,175 $4,175 2021 $4,234 $4,234 2022 $4,288 $4,288 2023 $4,300 $4,300 2024 $4,345 $0 2025 $4,385 $0 IL 2026 $4,419 $0 � 2027 $4,448 $0 2028 $4,471 $0 2029 $4,490 $0 TOTAL S68,718 $37.815 NOTES: The 2015 savings under the October 20 proposal have been reduced by 75%to reflect the fact that the new PPA terms would not be implemented until October 1,2015. This makes the value comparable to the value in November 25 proposal. 40 315 Customer Savings under FPL and Intervenor Gas Price Forecasts NYMEX Price Customer EIA 3.7% Customer Customer FPL Base Customer Curve^I Savings Escalation- Savings EtA Forecast" Savings Forecast Savings Year S MMRtu $MM $tMMBtu $MM S/MMBtu SMM S/MMBtu $MM 2015 53.86 $5.9 $4.02 $8.4 $3.93 $7,0 $4.02 $8.4 2016 $4.01 $7.5 $4.17 $10.2 $4.41 $14.3 $4.30 $12.4 2017 $4.15 $1.7 $4.32 53.7 $4.75 $8.6 $4.70 $8.0 2018 $4.25 -31.3 $4.48 $0.8 $5.27 $7.6 $6.74 $11.6 2019 $4.35 44.3, $4.65 -$2.2 $5.19 $1.7 $6.89 $6.6 2020 $4.49 -$1.8 $4.82 $0.2 $4.96 $1.0 $6.03 $7.6 2021 $4.62 41.7; $5.00 $0.3 $6.37 $2.3 $6.13 56.3 2022 $4.74 41,6: $5.18 $0.5 $5.64 $2.7 $6.33 56.9 2023 $4-82 $1.7 $5.38 $0.7 $5.90 $3.0 $6.63 $6.1 2024 44.90 $1.7 $5.57 $0.9 $6 20 $3.4 $7.03 $6.6 2025 $4.97 41.0 $5.78 $1.9 $6.45 $4.3 $7.33 $7.6 2026 $5,0e 50.6 $6.00 $2.2 $6.72 $4.7 $7.63 $7.7 2027 $551 $0.4` $6.22 $2.6 $7.00 $5.0 $7.93 $7.9 2028 $5.73 $0.8 $6.45 $2.9 $7.26 $5,3 $8.33 $8.4 2029 $8.00 $1.3 $6.69 $3.2 $7.83 $5.8 $8.63 $8.6 2030 $6.35 $2.0 $6.93 $3.5 $8.12 $6.6 $8.83 $8.4 2031 $6.80 $2.5 $7.19 $3.6 $8,47 ".9 $9.17 $8.6 2032 $7.01 $3.0 $7.46 54.0 $8.91 $7.3 $9.52 $8.7 2033 $7.39 $3A $7.73 $4.2 $$.41 $7.$ $9.88 $8.8 2034 $7.77 $3.8. $8.02 $4.3 $9.83 $6.0 $10.26 $8.8 2036 $6.13 $4,1 $8.31 $4.5 $10.31 $8.3 $10.65 $8.9 2038 $8.59 $_{aa' t 58.62 54.6 $10.93 0.7 $11.06 $9.0 2037-66 515.82 $13.49 $129.2 $21.52 $316.8 $17.16 $213.8 Totals Savings (Undiscounted) $208.2 $194.4 $446.9 $394.7 Totals Savings $26.8 $43.8 $90.8 $106.9 (Discounted) 1)Utilizes NYMEX forecast as suggested by FIPUG witness Pollock 2)Applies EIA 2012-2040 real price annual escalation rate of 3.7%to FPL 2015 nominal forecast price as suggested by OPC witness Lawton y 3)Utilizes EIA nominal price forecast from their 2014 Annual Energy Outlook 7 ry 9 2: a -�� z z _ v. 6 fJJ © March 10, 2015 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 4, 2015 SUBJECT: Update on Enterprise Zone Reauthorization FROM: Peter O'Bryan Commissioner, District 4 I would like to discuss Update on Enterprise Zone Reauthorization ID 317 �►f d'-!�o vta l g ao uio l - I . Shifting Funding Responsibility to Local Governments ' � . D , • Consider shifting funding responsibility of the Program to Local Governments. To assist local governments with such responsibility, the Legislature could expand the authorized uses of the Local Government Infrastructure Surtax210 and Small County Surtax211 to include enterprise zone funding, or replace the Emergency Fire Rescue Services and Facilities Surtax212 with a surtax to fund local economic development efforts. Effect of Proposed Changes The PCB creates ss. 290.50 and 290.60, F.S., which establish the Local Enterprise Zone program and the Enterprise Zone Certification program respectively. Local Enterprise Zone Program A local government mayadopt a resolution establishing a local enterprise zone program through which it grants exemptionsfirom specified local taxes, fees, permits, and licenses for newly established 213 or expanding businesses214 located within designated enterprise zone areas. A local government that establishes a local enterprise zone program must submit a copy of the resolution creating the program to DEC within 20 days. A local enterprise zone programo2ust exLall newly established or expanding businesses from the following taxes and fees imposed by the local government for a minimum of 24 consecutive months: • business taxes; • impact fees; • business, professional, and occupational regulatory fees; • green utility fees; • building permit fees; • special assessments, including, but not limited to, services associated with beach renourishment and restoration, downtown redevelopment, solid waste disposal, fire and rescue services, fire protection, parking facilities, sewer improvements, stormwater management services, street improvements, and water and sewer line extensions; • sign ordinance requirements, permits, and fees; and • tree and landscape ordinance requirements, permits, and fees. For 24 consecutive months following the creation of a designated enterprise zone area, a local government may not issue a citation for a civil code or ordinanoe infraction on any business located within the designated enterprise zone. Additionaly, newly established businesses may not be cited for civil code or ordinance infractions during the first 24 months of operation. For 24 months following an expansion that results in a 10% or greater increase in the number of full time employees, an expanding business may also be exempt from such citations. However, violations of civil code or ordinance which pose a direct threat to the health and safety of the public are not exempted. 21U All of Horida's 67 counties may levy the Local Government Infrastructure Surtax,for up to one percent,subject to referendum approval. 17 counties currently levy the surtax. '- 1 31 of Florida's counties are eligible to ler\the Small Countv Surtax, for up to one percent,by extraordinary vote of the county commission if the proceeds are used for operating purposes. 1 f the proceeds are used to service bonded indebtedness,it requires referendum approval.Currently,29 of the eligible 31 counties lei} the surtax. `1 2 65 Florida counties are authorized to levy the Emergency Fire Rescue Services and Facilities Surtax for up to one percent,subject to referendum approval.Only those counties that have already imposed two separate discretionary surtaxes without expiration are restricted from levying the surtax. Ho%%ever,no count, in the past five and one-hall years has levied the surtax. '-1'Defined\,ithin the PCB as"ami business entit\authorized to do business within the state that has established newoperations in a designated enterprise zone area within the previous 12 months.' `14 Defined within the PCB as"a business entity authorized to do business in the state that increases its total number of full-time employees by at least 10 percent and is located \%ithin a designated enterprise zone area." STORAGE NAME pcb03 EDTS PAGE:34 DATE 2/27/2015 Enterprise Zone Certification Program The governing body of a county or municipality or the governing bodies of a county and one or more municipalities together may submit an application to DEO for certification of an area as an enterprise zone.Applications must be submitted to the department no later than January 1 of each year, and must include: • an aerial map and legal description of the proposed enterprise zone area; • demographic information regarding the proposed zone area;215 • verification that the applicant makes available on its website a list of all local tax, license, and fee data related to the creation of a new business, the expansion of an existing business, and the operation of an existing business located within the applicant's jurisdiction; • a list and description of the local financial incentives that have been or will be enacted by the applicant for the purpose of assisting in the redevelopment of the enterprise zone; and • a copy of the resolution adopted by the local governing body creating the local enterprise zone program and designating the enterprise zone area. All timely submitted and completed applications will be certified by DEO and assigned a unique identification number by June 30 of each year. Previously certified enterprise zones are not required to reapply. DEO is required to develop a marketing and advertising plan in coordination with local governments for the purpose of highlighting the benefits of the program and encouraging increased business activity within certified enterprise zones. Before October 1 of each year each local government containing a certified enterprise zone within its jurisdiction is required to submit the following information for inclusion in the department's annual report: • the number and types of businesses established within the certified enterprise zone during the previous fiscal year; • the number of jobs created within the certified enterprise zone during the previous fiscal year; • a detailed description of the local and state financial incentives granted to businesses located within the certified enterprise zone during the previous fiscal year; • a detailed description of the local regulatory incentives granted to businesses within the certified enterprise zone during the previous fiscal year; and • any other information requested by DEO. A certified enterprise zone will be decertified if the resolution creating the local enterprise zone program is repealed by the local government or the local government submits written notification to the department, along with a resolution adopted by the governing body of the local government after a public hearing, requesting that the certified enterprise zone be decertified. B. SECTION DIRECTORY: Section 1: Amends s. 20.60, F.S., revising required elements of a report prepared by the Department of Economic Opportunity. Section 2: Amends s. 163.3180, F.S., prohibiting a local government from applying transportation concurrency within its jurisdiction unless certain conditions are met. 2 1'Such information must include unemployment,poverty,crime,income,and property value metrics. DEO is required to consult with EDR to develop or identify standard sources and metrics,and plus such information on its website. STORAGE NAME:pcb03.EDTS PAGE:35 DATE:2/2712015 317. A .A . O March 10, 2015 Emergency Item Commissioners Matters 14.D.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 6, 2015 SUBJECT: "FAC Legislative Update" FROM: Peter O'Bryan Commissioner, District 4 Provide FAC Legislative Update. Thank you. 3r-7- 6.I . 2015 Significant Bills Report file:///C:/Users/vrogers/AppData/Local/Microsofl/Windows/Temporary °2015 Significant Rills Report Sorted by Folder Name _2015[Administration]Significant Bills HB 0041 Relating to Hazardous Walking Conditions Metz Hazardous Walking Conditions: Revises criteria that determine hazardous walking conditions for public school students, revises procedures for inspection&identification of hazardous conditions;authorizes district school superintendents to initiate formal request for correction of hazardous conditions;requires district school boards to provide transportation to students who would be subjected to hazardous conditions; requires state or local entities with jurisdiction over roads with hazardous conditions to correct condition;provides requirements for governmental entities relating to capital improvement programs;provides requirements relating to civil actions for damages. Effective Date:July 1,2015 2/12/2015 HOUSE Now in Education Appropriations Subcommittee Bill Comments 3-5-2015 Bill would allow School Boards to sue counties under ch.86 to determine if hazardous walking conditions east. If condition is a hazardous walking condition,county would be required to place remedial action in 5-year transportation work program,or justify in writing reasons that action will not be included.FAC is working with bill sponsors with the goal of including a provision to allow local fle)ability via interlocal agreement between school board and and county(already required under 163.31777)and to remove ch.86 action as the dispute resolution mechanism.Both versions of this bill have gotten positive references in committee and it is anticipated that some version will pass this year. HB 0113 Relating to Local Government Construction Preferences Perry Local Government Construction Preferences:Prohibits local ordinances®ulations from restricting competition for award of construction services based upon certain conditions;requires state college, school district,or other political subdivision to make specified disclosures in competitive solicitation documents. Effective Date:July 1,2015 3/5/2015 HOUSE Now in Appropriations Committee Bill Comments 3-5-15 HB 113/SB 778-Preempts counties from using local preference ordinances when a construction project includes 20%state funds. HB 113 passed the House Government Operations Committee on February 4th by a vote of 9 to 4.HB 113 was amended on March 3rd by the House Local Government Affairs Committee to move the preemption threshold to when a project includes 50% state funds.FAC opposed the bill and it passed by a 6 to 5 margin.SB 778 was heard on March 4th and included an amendment to move the threshold to 50%state funds.The bill passed along party lines. SB 0154 Relating to Hazardous Walking Conditions Hays Hazardous Walking Conditions;Revising criteria that determine a hazardous walking condition for public school students; requiring a district school board to correct hazardous walking conditions and provide transportation to students who would be subjected to hazardous walking conditions;requiring state or local governmental entities with jurisdiction over a road with a hazardous walking condition to correct the condition within a reasonable period of time,etc.Effective Date:7/1/2015 3/5/2015 SENATE Committee Substitute Text(C2)Filed Bill Comments 3-5-2015 Bill would allow School Boards to sue counties under ch.86 to determine if hazardous walking conditions exist. If condition is a hazardous walking condition,county would be required to place remedial action in 5-year transportation work program,or justify in writing reasons that action will not be included. FAC is working with bill sponsors with the goal of including a provision to allow local flepbility via interlocal agreement between school board and and county(already required under 163.31777)and to remove ch.86 action as the dispute resolution mechanism.Both versions of this bill have gotten positive references in committee and it is anticipated that some version will pass this year. HB 0163 Relating to Public Records/Contractors Beshears Public Records/Contractors:Defines term"acting on behalf of public agency"; revises definition of term"contractor"; requires that public agency contract for services include statement providing name&telephone number of public agency's custodian of records;prescribes form of statement;revises contractual provisions in public agency contract for services regarding contractors compliance with public records laws;specifies circumstances under which court may assess&award reasonable costs of enforcement against public agency or contractor. Effective Date:upon becoming a law 3/4/2015 HOUSE Favorable with CS by Government Operations Subcommittee; 12 Yeas, 0 Nays Bill Comments 3-5-2015 This bill seeks to curb abusive public records litigation against government contractors. It would require that requests for documents related to a county contract be made to the county's public records custodian, who would then provide the request to the contractor.Once notified of the request, a contractor who fails to respond in a reasonable time can be subject to sanction under 119. If a civil action is filed to compel production,a court is required to award attorneys fees, if a notice was filed with the public agency's custodian of public records at least 3 business days prior to filing the action,notice must also be provided to the contractor if the contractor is a named party to the action. Both versions of this bill have received positive committee references and it is anticipated that some version will pass this year. SB 0224 Relating to Public Records/Public Agency Contracts Simpson of l6 3/6/2015 8:43 AM 2015 Significant Bills Report file:///C':/Users/vrogers/AppData/Local/MICrOSOf1/Windows/temporary 1... Public Records/Public Agency Contracts, Defining the term"acting on behalf of a public agency', requiring that a public agency contract for services include a statement providing the name and telephone number of the public agency's custodian of records,specifying circumstances under which a court may assess and award reasonable costs of enforcement against a public agency or contractor,etc Effective Date:Upon becoming a law 3/5/2015 SENATE On Committee agenda-Judiciary,03/10/15,4:00 pm, 110 S Bill Comments 3-5-2015 This bill seeks to curb abusive public records litigation against government contractors it would require that requests for documents related to a county contract be made to the county's public records custodian, who would then provide the request to the contractor. Once notified of the request,a contractor who fails to respond in a reasonable time can be subject to sanction under 119. If a civil action is filed to compel production,a court is required to award attorneys fees, if a notice was filed with the public agency's custodian of public records at least 3 business days prior to filing the action, notice must also be provided to the contractor if the contractor is a named party to the action.Both versions of this bill have received positive committee references and it is anticipated that some version will pass this year. HB 0345 Relating to Code Enforcement Officers Burton Code Enforcement Officers: Provides training requirements&certifications for code enforcement officers; requires postcertification training at specified intervals;specifies timeframes for completing training courses. Effective Date: October 1,2015 1/28/2015 HOUSE Now in Local Government Affairs Subcommittee Bill Comments 3-5-2015 Mandates training requirements broad class of employees who enforce code under ch. 162, this includes firefighters, police,sheriff, animal control,and any employees that operate under the authority of 162. Training must be done by Florida Association of Code Enforcement(FACE).New hires would have to undergo 40 hours and current employees would have to take a skills test administered by FACE.After initial certification, 16 hours of maintenance training would be required Neither versions of these bills have been calendared for committee hearings. HB 0391 Relating to Location of Utilities Ingram Location of Utilities:Provides that board of county oommissioners may grant licenses for utility lines within certain right- of-way limits;authorizes DOT&certain governmental entities to prescribe&enforce certain rules regarding utility lines within right-of-way limits, prohibits municipalities&counties from requiring certain information from communications services providers;provides circumstances under which authority must bear cost of relocating utility that is located within certain right-of-ways along public roads or rail corridors; provides exceptions. Effective Date: upon becoming a law 3/5/2015 HOUSE Committee Substitute Text(Cl)Filed Bill Comments The bill creates a fundamental shift in current law that requires utilities to pay for their own relocation casts when they are(1)located in a public easement that runs along a county right-of-way and(2)found to be interfering with the safe or continuous use or maintenance or improvement of such public road.The bill limits a utility's relocation liability to only those instances where the utilities are located within the county right-of-way. HB 391 passed the House Local Government Affairs Committee--after lengthy debate--by 11-1 on March 3. HB 0549 Relating to Associations of Government Officials Diaz(M) Associations of Government Officials: Requires associations of government officials to annually report certain information to Commission on Ethics;provides that membership dues&other funds received from state sources may not be used by certain organizations to fund litigation against state. Effective Date:July 1,2015 3/4/2015 HOUSE Favorable with CS by Government Operations Subcommittee;8 Yeas,4 Nays Bill Comments 3-5-2015 This bill would place reporting requirements on not-for-profit corporations whose membership includes a public official as defined in s. 112.313 if 25%of the corporation's budget comes from tax dollars. The bill would also require such a corporation from using public funds to sue the state This bill may impact the Association of Counties, as well as other associations whose members include county commissioners,appointees,and members of advisory boards The companion bill to this bill is SB 1114. SB 0708 Relating to Code Enforcement Officers Simpson Code Enforcement Officers; Revising the definition of the term"code enforcement officer", providing educational requirements for code enforcement officers; providing for certification upon successful passage of minimum standards training course and examination: requiring certain currently employed officers to pass a basic skills examination within a specified period,etc. Effective Date: 10/1/2015 2/13/2015 SENATE Referred to Community Affairs,Appropriations Subcommittee on General Government, Fiscal Policy Bill Comments Mandates training requirements broad class of employees. Negative fiscal impact SB 0778 Relating to Local Government Construction Preferences Hays 2 of 16 3/6/2015 8:43 AM _2015 Significant Bills Report file:///C:/Users/vrogers/AppData/L.ocal/MicrosofUWindows/Temporary I... Local Government Construction Preferences; Prohibiting local ordinances and regulations from restricting a certified contractor's competition for award of a contract for construction services based upon certain conditions;requiring a state college,school district,or other political subdivision to make specified disclosures in competitive solicitation documents, etc.Effective Date:7/1/2015 3/5/2015 SENATE Committee Substitute Text(Cl)Filed Bill Comments No comments. SB 0896 Relating to Location of Utilities Brandes Location of Utilities;Authorizing the board of county commissioners to grant a license to work on or operate specified utility and communications services lines only within the right-of-way limits of certain county or public highways or roads; authorizing the Department of Transportation and certain local governmental entities to prescribe and enforce rules or regulations regarding placing and maintaining specified structures only within the right-of-way limits of roads or publicly owned rail corridors under their respective jurisdictions,etc.Effective Date:Upon becoming a law 2/26/2015 SENATE Referred to Community Affairs;Transportation;Appropriations Bill Comments No comments. SB 1114 Relating to Membership Associations that Receive Public Funds Stargel Membership Associations that Receive Public Funds;Requiring a membership association that receives more than a specified percentage of its budget from public funds to file a report with the Legislature;prohibiting a membership association whose membership dues are paid for by public funds from expending such funds on litigation against the state,etc.Effective Date:7/1/2015 2/27/2015 SENATE Referred to Community Affairs;Appropriations Bill Comments 3-5-2015 This bill would place reporting requirements on not-for-profit corporations whose membership includes a public official as defined in s. 112,313 if 25%of the corporation's budget comes from tax dollars.The bill would also require such a corporation from using public funds to sue the state.This bill may impact the Association of Counties,as well as other associations whose members include county commissioners,appointees,and members of advisory boards.The companion to this bill is HB 549. _2015[Ag&Environment]Significant Bills SB 0142 Relating to Nonresidential Farm Buildings Dean Nonresidential Farm Buildings;Exempting nonresidential farm buildings,farm fences,and farm signs that are located on lands used for bona fide agricultural purposes from any county or municipal assessment,including a dependent special district assessment,etc.Effective Date:7/1/2015 3/3/2015 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference,03/06/15, 1:15 pm, 117 K(No Votes Will Be Taken) Bill Comments This bill could have a significant effect on local governments especially rural and fiscally constrained areas of the state. FAC has been working with revenue estimators to quantify the fiscal impacts,and with sponsors to ameliorate those impacts.This bill was filed last session and died in committee.Al the present time,it is difficult to predict its likelihood of passage. SB 0166 Relating to Hydraulic Fracturing Soto Hydraulic Fracturing;Prohibiting a person from engaging in hydraulic fracturing in this state,etc. Effective Date: 7/1/2015 12/17/2014 SENATE Referred to Environmental Preservation and Conservation;Commerce and Tourism;Community Affairs;Fiscal Policy Bill Comments This legislation has been proposed in the past, but has had difficulty in achieving consensus.This particular bill was filed early in December,and was referred to four committees.The fact that it has yet to be heard may indicate that its ultimate passage may be a challenge.The House version(HB 169)differs in that it would prohibit"well stimulation" which would include hydraulic fracturing,acid fracturing,and acid matrix stimulation. That bill also has four committees of reference and has yet to be heard. SB 0230 Relating to Public Utilities Dean Public Utilities;Requiring that any proposed change in a public utility's billing cycle be approved by the Florida Public Service Commission by a specified period before the effective date of the change;requiring the commission to consider the public impact of a proposed change;prohibiting the extension of a billing cycle by more than a specified period; prohibiting a public utility from charging a consumer or user a higher rate in certain circumstances;providing an exception,etc.Effective Date:7/1/2015 3/4/2015 SENATE Now in Fiscal Policy Bill Comments 1 of l6 . 3/6/2015 8:43 AM 2015 Significant Bills Report file:///C:/Users/vrogers/AppData/L.ocal!MicrosofL/Windows/Temporary 1... This bill addresses a problem that arose last year in which a billing cycle change resulted in higher meter readings and corresponding increases in energy rates. The Senate bill has passed out of two of three committees and its path to the floor appears clear. The House bill,on the other hand, has four committees of reference and has yet to be calendared for a hearing Thus,the likelihood of passage is more daunting HB 0249 Relating to Agricultural Tax Exemptions Raburn Redefines terms"livestock"&"agricultural production";revises sales&use tax exemption for certain farm equipment to exempt from tax irrigation equipment, repairs of farm equipment&irrigation equipment,&certain trailers; revises sales& use tax exemption for items in agricultural use to exempt from tax stakes used to support plants during agricultural production. Effective Date:July 1,2015 2/4/2015 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference, 02/06/15,9:00 am, 117 K(No Votes Will Be Taken) Bill Comments This bill,if passed,is expected to result in an impact of$2.4 million to all local governments,or approximately 1.44 million to counties state-wide.The bill follows a recent trend of exemptions to assist the agriculture industry dealing with economic challenges.There are two committees remaining in both chambers,with ample support from members.At the present time,it would appear likely that the bill will pass HS 0337 Relating to Local Government Services Mayfield Local Government Services:Authorizes county to provide certain services&facilities outside boundaries of municipality without express consent of municipality's governing body under certain circumstances;prohibits municipality from extending its corporate powers within unincorporated areas of county without express consent of county's governing body.Effective Date:July 1,2015 2/18/2015 HOUSE Now in Energy& Utilities Subcommittee Bill Comments This is a bill that has been filed in each of the last three sessions in some form.This year,the bill simply requires mutual consent when a county or a municipality provides services within the jurisdiction of the other.The House bill has passed through the first of its three committees of reference. The Senate companion(SB 442)was temporarily postponed in its first committee. HB 0569 Relating to Agritourism Combee Agritourism: Prohibits local governments from enforcing ordinances, regulations,rules,or policies that prohibit, restrict, 4W regulate,or otherwise limit agritourism activities on land classified as agricultural land. Effective Date:July 1, 2015 3/3/2015 HOUSE Favorable by Agriculture&Natural Resources Subcommittee; 13 Yeas,0 Nays Bill Comments This bill essentially applies an existing preemption to those few counties with regulations in place prior to its passage. Under the bill, counties would be prohibited from adopting"or enforcing"regulations restricting agritourism activities. The bill was passed this week in both chambers, in the first of three committees of reference.We would expect the bill to pass. The bill may also be considered in connection to another bill that would exempt non-residential farm buildings and pole barns(which may serve agritourism activities)from the State Fire Code and Building Code. See HB 1025(Raburn) and SB 1148(Stargell)filed last week SB 0586 Relating to Implementation of The Water and Land Conservation Dean Constitutional Amendment Implementation of The Water and Land Conservation Constitutional Amendment;Providing that specified distributions to the Land Acquisition Trust Fund are not subject to the service charge under s.215.20, F.S.;repealing provisions relating to beach erosion control project staffing,funding for the state's beach management plan, and the Florida Preservation 2000 Trust Fund;requiring specified public recreation projects to have been selected through the Department of Environmental Protection's competitive selection process prior to the release of funds,etc. Effective Date 7/1/2015 2/20/2015 SENATE Now in Appropriations Subcommittee on General Government Bill Comments This bill restructures the documentary stamp allocation formula in s. 201.15, Florida Statutes,to ensure that the Land Acquisition Trust Fund(LATF)receives at least 33 percent of net revenues pursuant to Amendment 1. The bill provides that revenue distributed to the LATF is not subject to the General Revenue service charge and provides that all revenue from doc stamps is pledged and must first be made available to pay debt service on Florida Forever and Save our Everglades bonds. One area that could be significantly impacted from this restructuring effort is the funding of State and Local Housing trust funds. Under the current statutory distribution formula and using FY 15/16 projections from the Revenue Estimating Conference, the State and Local Housing Trust Funds are anticipated to receive$266 million Under the revised distribution to implement SB 586,the trust funds receive only$154 million(a$112 million impact) An amendment was offered by Senator Smith to restore these funding levels during the first committee hearing, but the amendment was withdrawn after opposition from the Appropriations Chairman. The House filed its Amendment 1 (W restructure bill this week(HB 1291) The bill appears to hold the housing trust funds harmless.Although, this does not prevent the Legislature from sweeping the trust funds later, it is a positive sign A more comprehensive analysis of the 191-page bill is forthcoming 4 of 16 3/6/2015 8:43 AM 2015 Significant Bills Report file:///C:/Users/vrogers/AppData/Local/Microsoft/VATndows/Temporary 1... SB 0648 Relating to Land Application of Septage Evers Land Application of Septage;Removing the future prohibition against the land application of septage from onsite treatment and disposal systems;requiring land application to be subject to certain requirements,etc.Effective Date: 7/1/2015 2/6/2015 SENATE Referred to Environmental Preservation and Conservation;Community Affairs;Fiscal Policy Bill Comments The land application of septage waste is prohibited by statute(s.381.0065(6),F.S.)as of January 1,2016.Bills to extend this date,require studies as to the treatment efficacy,etc.,have been filed in each of the last two sessions,but have failed.This bill would delete the prohibition date,and require inspections,testing and monitoring at existing sites, and would prohibit additional sites within springs protection zones.Bills have been referred to three committees of reference in each chamber,but has yet to be heard in either. Passage of the bill,as in the past,would appear to be a challenge. S80918 Relating to Environmental Resources Dean Environmental Resources;Requiring the Department of Environmental Protection to publish,update,and maintain a database of conservation lands;creating the Florida Shared-Use Nonmotorized Trail Network; requiring a project constructed as part of the network to be included in the Department of Transportation's work program: requiring certain information to be included in the consolidated annual report for each project related to water quality or water quantity; creating part\ill of ch.373, F.S.,entitled the"Florida Springs and Aquifer Protection Act",etc. Effective Date:7/1/2015 3/4/2015 SENATE Workshopped by Environmental Preservation and Conservation Bill Comments This bill is a rather comprehensive effort addressing a number of issues including:the Conservation and Recreation Lands(CARL)trust fund;greenways and trails;water management planning;springs protection;a new Water Resources Advisory Council;and the collection of water quantity and water quality data.With regard to springs protection,the bill requires the DEP to delineate protection zones for all first magnitude springs(plus DeLeon,Peacock,Poe,Rock, Wekiwa and Gemini),and to perform impairment assessments,develop TMDLs,BMAPs,MFLs and recovery and prevention strategies by certain dates.BMAPs must list projects,septic tanks remediation plans,priorities,costs,funding sources and estimated nutrient reductions.If septic tanks are a significant source of nutrients,DEP must identify them for local government,which must prepare a remediation plan within 12 months.The remediation plan will determine which must be repaired,upgraded,connected to central sewer,or require"no action"and then include a recommended priority for each system. If the local government fails to submit said plan,they would be ineligible for funding. Property owners on which the septic tanks are located would not be required to pay for any inspection,upgrade or connection. Certain land uses would be prohibited in these protection zones including large wastewater disposal facilities(unless they achieve AWT levels),septic tanks on less than one acre;hazardous waste disposal,and the land application of septage waste.This bill was heard for the first time in a workshop this week.No votes were taken.The bill has been referred to three committees in the Senate.As far as what to expect,the springs protection sections of the bill will likely be compared and contrasted with language in the House Water Resources bill(HB 7003),which was the fist bili passed out of the House this week. I would expect a number of changes before final language is agreed upon. HB 7003 Relating to Water Resources State Affairs Committee Water Resources: Revises provisions relating to water resource development;establishment&implementation of minimum flows&levels&total maximum daily loads;Central Florida Water Initiative;projects of South Florida Water Management District;preferred water supply sources;consumptive use permit applications;improvements on private agricultural lands;Northern Everglades&Estuaries Protection Program;power&duties of water management districts with regard to water production&water resource&supply development;regional water supply planning;springs& aquifer protection;surface water classification;&potable water supply. Effective Date:July 1,2015 3/5/2015 HOUSE Read Third Time; Passed(Vote: 106 Yeas/9 Nays) Bill Comments This is the House's comprehensive water policy bill.The bill was the first passed by the House this Session,and will now go the Senate for consideration.The bill addresses water policy on many levels and in many areas of the state with sections relating to:the Northern Everglades;the Central Florida Water Initiative(CFWI);the Regional Water Supply planning process(including minimum flows and levels and recovery and prevention strategies);public-private partnerships;surface water classifications to protect potable water supply;and springs protection.Of significant note: there is no funding allocation included in the bill.These fiscal considerations-and Amendment I implications-will be determined at a later date.With regard to springs protection,the bill defines"Outstanding Florida Springs"as all first magnitude and those second magnitude springs on state or federal conservation lands.Within these springsheds, local governments have"primary responsibility for urban stormwater and domestic wastewater management.An amendment adopted in the Appropriations Committee clarified that the responsibility for stormwater services was pursuant to MS4 permits, and for wastewater was specifically the operation of collection and treatment facilities.While this amendment would appear to leave the bill silent on septic tanks,another amendment was adopted that requires the DEP to form a working group in areas where septic tanks are"a source of excess nitrate-nitrite in springs," which must include members from DEP,DOH,local government and utilities.This working group will be responsible for data collection and analysis, a public education plan,and the development of necessary projects to address the nutrient impacts.Funding would be contingent on a specific appropriation which would then be awarded for all or part of the costs. The bill prioritizes Total Maximum Daily Loads(TMDLs),Basin Management Action Plans(BMAPs),recovery and prevention of 16 3/6/2015 8:43 AM 2015 Significant Bills Report file:///C:/Users/vrogers/AppData/local/Microsoftrwndows/1emporaTy 1... strategies and agricultural Best Management Practices(BMAPs),and prescribes timetables for completion BMAPs for springs must include:i)a prioritized listing of all specific projects identified;ii)the capital cost,operating cost, and a cost-benefit analyses,and iii)the source and amount of financial for each project. The provisions in this bill are expected to be revised pursuant to Senate feedback,but we would expect a water policy bill, in some form, to pass this year. The big question at this point is funding-and that has not been discussed as of yet _2015[Finance&Tax)Significant Bills HB 0101 Relating to Taxation Steube Taxation:Exempts certain obligations from nonrecurring intangible personal property tax; exempts certain documents that transfer real property from tax,exempts certain notes,written obligations,mortgages,or other evidences of indebtedness from tax; reduces tax on rental or license fees charged for use of real property; revises term"mail order sale'to specifically include sales of tangible personal property ordered through Internet or dealer in foreign country; provides that certain persons who make mail order sales 8 have nexus with state are subject to state's power to collect sales tax when engaged in certain activities,specifies that certain dealers are not required to collect sales tax unless certain circumstances exist;creates rebuttable presumption that dealer is subject to state's power to collect sales tax, creates annual sales tax holiday for school supplies, personal computers, &personal computer-related accessories; creates Restaurant& Hotel Renovation Tax Refund Program with administration by DEO;authorizes applicant to receive tax refund under certain circumstances;requires DOR to develop system to track changes in sales tax remitted&submit reports to Governor&Legislature. Effective Date:July 1,2015 1/8/2015 HOUSE Now in Finance&Tax Committee Bill Comments 3-5-2015 Among other issues this bill would reduce the sales tax rate on oommerdal leases by 1 cent from 6 cents to 5 cents.The bill would have an estimated negative impact of approximately$31 million to local governments The County share of that negative impact ranges from about$18 million to$21 million.Currently, due to movement of other tax cut proposals it would appear that there might not be enough available funding for the state to implement this measure. However, FAC will continue to monitor and work with the bill sponsor to attempt to mitigate any potential negative fiscal impact if the bill passes. SB 0110 Relating to Taxes Hukill Taxes; Reducing the tax rate applied to the sale of communications services, reducing the tax rate applied to the retail sale of direct-to-home satellite services,revising the allocation of tax revenue received from the communications services tax; revising the distributions of tax revenue received from the sales and use tax,communications services tax, and gross receipts tax,etc.Effective Date: Except as otherwise provided in this act,this act shall take effect July 1,2015 2/20/2015 SENATE Now in Finance and Tax Bill Comments 3-5-2015 The bill,which significantly reduces the state rate for Communication Services Taxes,was amended to remove any negative fiscal impact to local governments (Approximately a$50+ million savings) The amended bill language is now consistent with the Governor's proposed conforming bill.FAC strongly supports the amended legislation and now awaits actions from the House on related issues. SB 0140 Relating to Tax On Sales,Use,and Other Transactions Hukill Tax On Sales, Use, and Other Transactions,Reducing the tax levied on rental or license fees charged for the use of real property,etc. Effective Date: 1/1/2016 3/4/2015 SENATE Now in Finance and Tax Bill Comments 3-5-2015 Similar to provisions in HB 101,this bill would reduce the sales tax rate on commercial leases by 1 cent from 6 cents to 5 cents. The bill would have an estimated negative impact of approximately$31 million to local governments The County share of that negative impact ranges from about$18 million to$21 million. Although the bill has been passed by its first comrnittee of reference, due to movement of other tax cut proposals it would appear that there might not be enough available funding for the state to implement this measure. However, FAC will continue to monitor and work with the bill sponsor to attempt to mitigate any potential negative fiscal impact if the bill passes. HB 0361 Relating to Military Housing Ad Valorem Tax Exemptions Trumbull Military Housing Ad Valorem Tax Exemptions:Grants certain leasehold interests&improvements to land owned by U S. or agency thereof, branch of U.S Armed Forces,or quasi-governmental agency exemption from ad valorem taxation, exempts such leasehold interests&improvements without need to apply for exemption or property appraiser approving exemption:provides nonapplicability of provisions to transient public lodging establishments, provides retroactive applicability Effective Date:July 1,2015 3/4/2015 HOUSE Now in Local&Federal Affairs Committee Bill Comments Negative fiscal. FAC opposed (W SB 0392 Relating to Enterprise Zones Clemens 6 of 16 3/6/2015 8:43 AM _2015 Significant Bills Report file:///C.:/Users/vrogers/AppData/Local/N icrosoft/Wiindows/Temporary L.. Enterprise Zones;Revising the policy and purpose of the Florida Enterprise Zone Act;revising the conditions under which a county or municipality,or a county and one or more municipalities,may apply for the designation of an area as an enterprise zone;providing that the municipality or county that applies for designation of an enterprise zone has jurisdiction over the enterprise zone's administration;extending the expiration date of the Florida Enterprise Zone Act, etc.Effective Date: 7/1/2015 1/28/2015 SENATE Referred to Commerce and Tourism;Finance and Tax;Appropriations Subcommittee on Transportation,Tourism,and Economic Development;Appropriations Bill Comments 3-5-2015 While FAC supports the concepts in this bill of a full re-authorization of enterprise zones it is unlikely that it will pass in its current format. HB 0451 Relating to Entertainment Industry Tax Credit Program Miller Revises information in certain tax credit applications;provides procedures for queuing applications;provides procedures for certifying tax credits;requires provision of workforce data;requiring certified production companies to contribute portion of tax credit award to other entities;requires certain production companies to provide internship opportunities; requires certified production companies to promote state;revises provisions related to distributions and certifications of tax credits.Effective Date:July 1,2015 2/18/2015 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference,02/20/15, 1:00 pm, 117 K(No Votes Will Be Taken) Bill Comments 3-5-2015 It is anticipated that concepts related to incentives for the entertainment industry in this legislation will be merged with similar concepts in SB 1046 by Sen. Detert.However,at this time staff assesses the potential of the House legislation passing as moderate to low. SB 0544 Relating to Exemption from the Sales and Use Tax for Certain Machinery Hukill and Equipment Exemption from the Sales and Use Tax for Certain Machinery and Equipment;Providing that the exemption for certain mixer drums and the parts and labor required to affix such mixer drums is repealed on a specified date;deleting the expiration date for the exemption for certain industrial machinery and equipment,etc.Effective Date:7/1/2015 2/11/2015 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference,02/13/15,2:00 pm, 117 K(No Votes Will Be Taken) Bill Comments 3-5-2015 This bill would implement the current Governor's proposal to make the existing sales tax exemption on manufacturing machinery and equipment permanent.Although,the proposal has not been heard as of yet, FAC would remain neutral similar to our position when the original exemption passed.There are multiple bills filed with similar proposals but none have been identified as the"vehicle"for actual implementation of this concept to date. Relating to Exemption from the Sales and Use Tax for Certain Machinery HB 0613 and Equipment Magar Exemption from the Sales and Use Tax for Certain Machinery and Equipment:Repeals exemption for certain mixer drums&parts&labor required to affix such mixer drums on specified date;deletes expiration date for exemption for certain industrial machinery&equipment. Effective Date:July 1,2015 2/11/2015 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference,02/13/15, 2:00 pm, 117 K(No Votes Will Be Taken) Bill Comments 3-5-2015 This bill,identical to SB 544 by Sen. Hukill,would implement the current Governor's proposal to make the existing sales tax exemption on manufacturing machinery and equipment permanent.Although,the proposal has not been heard as of yet, FAC would remain neutral similar to our position when the original exemption passed.There are multiple bills filed with similar proposals but none have been identified as the"vehicle"for actual implementation of this concept to date. SS 0666 Relating to Military Housing Ad Valorem Tax Exemptions Lee(T) Military Housing Ad Valorem Tax Exemptions;Providing that certain leasehold interests and improvements to land owned by the United States,a branch of the United States Armed Forces,or any agency or quasi-governmental agency of the United States are exempt from ad valorem taxation under specified circumstances;providing that such leasehold interests and improvements are entitled to an exemption from ad valorem taxation without an application being filed for the exemption or the property appraiser approving the exemption,etc. Effective Date:7/1/2015 3/5/2015 SENATE Now in Finance and Tax Bill Comments Negative fiscal.FAC opposed SB 1030 Relating to Community Creative Grant Program Detert of 16 3/6/2015 8:43 AM 2015 Significant Bills Report file:///C:/Users/vrogers/AppData/Local/Microsoft/wndows/7einporary I... The Community Creative Grant Program;Creating the Community Creative Grant Program within the Department of Economic Opportunity;requiring that projects be vital and necessary to local economic development efforts and that other state economic incentives be unavailable,authorizing a local government to apply to the department for grants to attract,facilitate,undertake,or encourage a project,prohibiting grant moneys from being used for a business or sports team that is relocating from one community to another community in this state,etc. Effective Date 7/1/2015 2/27/2015 SENATE Referred to Community Affairs;Appropriations Subcommittee on Transportation, Tourism, and Economic Development,Appropriations Bill Comments 3-5-2015 This bill represents Sen.Detert's current proposal for the replacement of enterprise zones FAC likes the ideal as an individual economic development tool, but would definitely like to see other components added to this idea to complete state/local economic development tool box It has yet to be determined if this bill will be seriously considered by the Senate or if it will be amended. SB 1046 Relating to Entertainment Industry Detert Entertainment Industry; Revising the sources of moneys to be credited to the State Economic Enhancement and Development Trust Fund to include repayments to the entertainment industry quick action fund created by the act, creating the Entertainment Industry Quick Action Account within the State Economic Enhancement and Development Trust Fund;renaming the Office of Film and Entertainment within the Department of Economic Opportunity as the Division of Film and Entertainment within Enterprise Florida, Inc; revising provisions relating to the application process, tax credit eligibility,transfer of tax credits,election and distribution of tax credits, allocation of tax credits,forfeiture of tax credits,and annual report,etc. Effective Date:7/1/2015 3/5/2015 SENATE On Committee agenda-Commerce and Tourism,03/10/15, 10:00 am, 110 S Bill Comments 3-5-2015 It is anticipated that concepts related to incentives for the entertainment industry in this legislation will be merged with similar concepts in HB 451 by Rep. Miller. While the Senate bill is expected to pass, staff assesses the potential of the House legislation passing as moderate to low. S61142 Relating to Ad Valorem Taxation Gaetz(D) Ad Valorem Taxation;Proposing amendments to the State Constitution to allow the Legislature by general law to prohibit increases in the assessed value of homestead and specified nonhomestead real property if the just value of the property declines,providing an effective date,etc. ® 3/3/2015 Bill to be Discussed During the Office of EDR's Revenue Estimating Impact Conference,03/06/15, 1 15 pm, 117 K(No Votes Will Be Taken) Bill Comments 3-5-2015 The senate version of the"Anti-Recapture"legislation is currently being considered by the REC to adopt a current estimated fiscal impact. No house version of the legislation has been filed as of yet H passed, the measure would be placed on the statewide ballot in 2016. EDTS3 Relating to Economic Development Economic Development&Tourism Subcommittee PCB EDTS 15-03--Economic Development 3/3/2015 HOUSE Submitted as Committee Bill with 2 Amendments by Economic Development$Tourism Subcommittee; 11 Yeas,0 Nays Bill Comments 3-5-2015 This bill will represent the House"vehicle"for substantive economic development legislation this year FAC does not support the current concepts within the bill, however it is unknown if the bill will be further amended and to what degree. IF the bill remains the same as it moves throughout the process, FAC will look to strongly oppose the legislation. _2015[Growth Management)Significant Bills SB 0484 Relating to Regional Planning Councils Simpson Regional Planning Councils; Requiring the state land planning agency to identify parties that may enter into mediation relating to the compatibility of developments with military installations; requiring electric utilities to notify the county, rather than the regional planning council,of its current plans to site electric substations,authorizing local governments to enter into agreements to create regional planning entities; revising the requirements for the statewide emergency shelter plan to include the general location and square footage of special needs shelters by county rather than by regional planning council region, etc. Effective Date- 7/1/2015 3/5/2015 SENATE On Committee agenda-Community Affairs,03/10/15, 1:30 pm, 301 S Bill Comments _ No comments. SB 0500 Relating to Mobile Home Park Tenancies Detert Mobile Home Park Tenancies; Requiring the Division of Florida Condominiums,Timeshares, and Mobile Homes to provide notice to the homeowners' association of a proposed amendment to a prospectus before authorizing such amendment;requiring that additional information be provided in the prospectus which advises the mobile home owner of consequences if the land use is changed; requiring the division to enforce certain rental agreement provisions, etc 8 of 16 3/6/2015 8:43 AM 2015 Significant Bills Report file:///C:/Llsers/vrogers/AppData/Local/Microsofl/Windows/Temporary 1... Effective Date:7/1/2015 2/3/2015 SENATE Referred to Regulated Industries;Community Affairs;Appropriations Subcommittee on General Government;Fiscal Policy Bill Comments 2-26-2015 Change HS 0551 Relating to Growth Management Perry Growth Management:Requires local governments to address protection of private property rights in their comprehensive plans;requires comprehensive plan to include property rights element that addresses certain objectives;requires counties&municipalities to adopt land development regulations consistent with property rights element.Effective Date: July 1,2015 2/11/2015 HOUSE Now in Economic Development&Tourism Subcommittee Bill Comments No comments. SS 0562 Relating to Growth Management Simpson Growth Management;Requiring plan amendments proposing a development that qualifies as a development of regional impact to be subject to the state coordinated review process;providing that new proposed developments are subject to the state coordinated review process and not the development of regional impact review process,etc.Effective Date: 711/2015 3/5/2015 SENATE On Committee agenda-Community Affairs,03/10/15, 1:30 pm,301 S Bill Comments 3-3-15 This bill has the effect of eliminating the DRI review process by requiring all DRI-scale projects to go through the State Coordinated Review Process(SCRP).While that process will require regional development projects to be reviewed by the DEO,other agencies,and the RPC,there is concern that the current statutory requirements of the SCRP is insufficient to ensure that all of the extra-jurisdictional impacts will be identified and addressed.Accordingly, FAC staff has met with the bill sponsor to discuss amendment language that would strengthen these requirements.Staff has discussed these additional provisions to Ch. 163 with two of the chairs of the FAC Growth Management and Environmental Policy Committee and they were generally supportive.The bill has 3 committee stops in the Senate, including Community Affairs,which is chaired by the bill sponsor.The bill is scheduled to be heard next Tuesday.The House bill, H8579,has been filed by Rep.Gaetz. HB 0579 Relating to Growth Management Gaetz(M) Requires plan amendments for developments that are DRIs to follow the state coordinated review process;provides that certain proposed developments that are considered DRIs are subject to the state coordinated review process¬ the DRI review process.Effective Date:July 1,2015 2/11/2015 HOUSE Now in Economic Development&Tourism Subcommittee Bill Comments SB 0832 Relating to Sector Plans Simpson Sector Plans;Requiring that plan amendments that propose an amendment to an adopted sector plan follow a specified state-coordinated review process;establishing that this section is intended to promote development of a long-term vision for conservation,development,and agriculture on a landscape scale;providing that an applicant may request a preapplication conference with the local government that has jurisdiction before filing an application for a detailed speck area plan,subject to certain requirements;requiring the applicant for a detailed specific area plan to transmit copies of the application to specified reviewing agencies for review and comment,etc.Effective Date:7/1/2015 2/20/2015 SENATE Referred to Community Affairs;Environmental Preservation and Conservation; Fiscal Policy Bill Comments 3-5-15 Bill makes significant revisions to the Sector Planning Process.The process was created in 1998 as am alternative to the DRI process by providing large-scale land owners(minimum 15,000 ACs)to develop a long-term vision and land use plan for their properties.The process is essentially done in two steps.The first is the adoption of--via a comprehensive plan amendment--a long term master plan for the area,which depicts the general location and acreages of existing and future land uses,regionally significant resources,and related infrastructure.The second step is the adoption of--via local ordinance--a Detailed Specific Area Plan(DSAP).DSAPs lie with the master plan area (1,000 AC minimum)and, by statute,are very specific with regard to proposed land uses,their densities and intensities, water resource development projects, transportation facilities and extra-jurisdictional impacts.As proposed,SB 832 attempts to force counties to treat these large-scale,long-term projects no different than any other project by prohibiting additional requests for information. it also forces counties to essentially lock-in the type and amount of infrastructure required by the developer over the long-term by requiring the level-of-service standards be negotiated and fixed early in the sector planning process. HB 0933 Relating to Sector Plans La Rosa I of 16 3/6/2015 8:43 AM 2015 Significant Bills Report file:///C:/Users/vrogers/AppData/L.ocal/AcrosofUwndoti,s/Temporary I... Sector Plans. Revises provisions regarding adopted sector plans,long-term master plans,&specific area plans;revises date for recording conservation easement for certain lands; requires certain petitions to FLWAC to be filed with particularity,authorizes certain water permit durations to be commensurate with certain development orders; provides permitting criteria in certain situations,clarifies public interest test,specifies rule of statutory construction. Effective Date July 1,2015 3/3/2015 HOUSE Now in Economic Development&Tourism Subcommittee Bill Comments No comments. 2015[Health&Human Services]Significant Bills HB 0021 Relating to Substance Abuse Services Hager Substance Abuse Services:Requires DCF to create voluntary certification program for recovery residences;requires DCF to approve credentialing entities to develop&administer certification program;requires background screening of recovery residence employees;provides for denial, suspension,or revocation of certification,directs DCF to approve at least one credentialing entity by specified date to develop&administer certification program; requires DCF to publish list on its website. Effective Date:July 1, 2015 2/20/2015 HOUSE Now in Health& Human Services Committee Bill Comments HB 21 establishes a voluntary certification program for recovery residences(also referred to as sober homes or halfway houses).The bill defines a recovery residence as a"residential dwelling unit or other form of group housing that is offered or advertised through any form, including oral,written,electronic or printed means, by any person or entity to be a residence that provides a peer-supported,alcohol-free and drug-free living environment"The bill directs DCF to select one or more credentialing entities to set up and administer the certification program.Among other things,the bill requires that recovery residences be inspected,that the administrators and other employs undergo background screenings,and also providers for revocation of certification under certain circumstances. FAC strongly supports this good legislation. SB 0326 Relating to Substance Abuse Services Clemens Substance Abuse Services; Requiring the Department of Children and Families to create a voluntary certification program for recovery residences, requiring the department to approve credentialing entities to develop and administer the certification program;requiring an approved credentialing entity to establish procedures for certifying recovery residences that meet certain qualifications;requiring background screening of employees of a recovery residence; directing the department to approve at least one credentialing entity by a specified date to develop and administer the certification program;requiring the department to publish the list on its website,etc Effective Date: 7/1/2015 2123/2015 SENATE Now in Appropriations Subcommittee on Health and Human Services Bill Comments SB 326 establishes a voluntary certification program for recovery residences(also referred to as sober homes or halfway houses) The bill defines a recovery residence as a"residential dwelling unit or other form of group housing that is offered or advertised through any form, including oral,written,electronic or printed means, by any person or entity to be a residence that provides a peer-supported, alcohol-free and drug-free living environment."The bill directs DCF to select one or more credentialing entities to set up and administer the certification program Among other things,the bill requires that recovery residences be inspected,that the administrators and other employs undergo background screenings, and also providers for revocation of certification under certain circumstances. FAC strongly supports this good legislation. HS 0379 Relating to Local Housing Distributions Peters Local Housing Distributions: Requires Florida Housing Finance Corporation to distribute to DCF & DOE funds from Local Government Housing Trust Fund to provide support,training,&assistance to designated agencies of local homeless assistance continuums of care. Effective Date:July 1,2015 1/28/2015 HOUSE Now in Economic Development&Tourism Subcommittee Bill Comments HB 379 provides that four percent of the total funds distributed from the Local Government Housing Trust Fund be set aside and allocated to DCF and DEO for homeless grants and traning and techincal assistance for lead agencies. Specifically,of the four percent set aside pursuant to the bill, ninety-five percent would go to DCF to be distributed as grants,and five percent would go to DEO to provide traning and technical assistance,through a nonprofit entity FAC strongly supports this effort to establish dedicated statutory funding for homeless programs This language was originally included in homeless legislation filed by Sen Latvala and Rep. Peters in 2014, although it was removed from the bills before passage. SB 0516 Relating to Health Insurance Coverage for Emergency Services Bean Health Insurance Coverage for Emergency Services; Prohibiting coverage for emergency services from requiring a prior authorization determination; requiring such coverage to be provided regardless of whether the service is furnished by a participating or nonparticipating provider;specifying coinsurance,copayment, limitation of benefits, and reimbursement requirements for nonparticipating providers, prohibiting a nonparticipating provider from collecting or attempting to collect an amount in excess of specified amounts, etc.Effective Date: 10/1/2015 2/3/2015 SENATE Referred to Banking and Insurance, Health Policy;Appropriations Bill Comments y ]0 of 16 3/6/2015 8:43 AM 2015 Significant Bills Report file:///C':/Users/vrogers/AppData/Local/MicrosoNwndows/Temporary 1... SB 516 would limit reimbursement for emergency medical services,including EMS/ambulance transport services,from non-participating providers(i.e.a provider who is not in contract with the paying insurance company).Specifically,the bill establishes that payments to non-participating providers are the greater of the following: 1.An amount negotiated with the insurance company;2.An amount calculated under the methodology generally used by the insurer to determine the reimbursement amount to a nonparticipating provider for the service(i.e.the usual,customary,and reasonable amount);or 3.The Medicare rate.County ambulance providers are concerned that as it is currently drafted,this bill will set the default payment for out-of-network transports to the Medicare,which is generally well below the actual cost of providing the service.Further,the bill prohibits the practice of"balance billing,"which allows providers to collect from the patient the difference of what was paid by the insurance company and actual cost.In sum,SB 516 would significantly reduce revenues for county EMS departments,likely forcing many to request additional subsidies from county government.FAC has been working with the sponsor and expects an amendment to remove ambulance transport from the bill altogether,which would mitigate the expected negative impacts of the bill. HB 0681 Relating to Health Insurance Coverage for Emergency Services Trujillo Health Insurance Coverage for Emergency Services:Prohibits coverage for emergency services from requiring prior authorization determination;requires such coverage to be provided regardless of whether service is furnished by participating or nonparticipating provider;specifies coinsurance,copayment, limitation of benefits,&reimbursement requirements for nonparticipating providers;prohibits nonparticipating provider from collecting or attempting to collect amount in excess of specified amounts;revises methodology for determining HMO reimbursement amounts for certain services.Effective Date:October 1,2015 2/18/2015 HOUSE Now in Insurance&Banking Subcommittee Bill Comments HB 681 would limit reimbursement for emergency medical services,including EMS/ambulance transport services,from non-participating providers(i.e.a provider who is not in contract with the paying insurance company),including HMOs. Specifically,the bill establishes that payments to non-participating providers are the greater of the following: 1.An amount negotiated with the insurance company;2.An amount calculated under the methodology generally used by the insurer to determine the reimbursement amount to a nonparticipating provider for the service(i.e.the usual,customary, and reasonable amount);or 3.The Medicare rate.County ambulance providers are concerned that as it is currently drafted,this bill will set the default payment for out-of-network transports to the Medicare,which is generally well below the actual cost of providing the service. Further,the bill prohibits the practice of"balance billing,"which allows providers to collect from the patient the difference of what was paid by the insurance company and actual cost. In sum,HB 681 would significantly reduce revenues for county EMS departments,likely forcing many to request additional subsidies from county government. HB 1005 Relating to Behavioral Health Services Peters Behavioral Health Services: Creates Behavioral Health Task Force within DCF;requests Florida Supreme Court's Task Force on Substance Abuse&Mental Health Issues in Courts to act as subcommittee of task force;revises duties of Criminal Justice,Mental Health,&Substance Abuse Statewide Grant Review Committee;creates statewide Center for Excellence for Criminal Justice,Mental Health,&Substance Abuse at current Criminal Justice,Mental Health, & Substance Abuse Technical Assistance Center;establishes Behavioral Health Workforce Loan Forgiveness Program within DCF.Effective Date:July 1,2015 3/3/2015 HOUSE Now in Children, Families&Seniors Subcommittee Bill Comments Like SB 1338 and SB 1462,this bill proposes comprehensive reforms to the state's behavioral health system. Its provisions include;creation of a Behavioral Health Task Force within DCF;revised duties of and increased funding for the Criminal Justice,Mental Health,and Substance Abuse grant program;establishment of a Behavioral Health Workforce Loan Forgiveness Program within DCF.FAC is supportive of the Legislature's efforts to improve the availability and delivery of behavioral health services and increase funding for programs and providers. SB 1338 Relating to Behavioral Health Services Detert Behavioral Health Services;Citing this act as the"Excellence in Behavioral Health Act";creating the Behavioral Health Task Force within the Department of Children and Families;authorizing counties to fund treatment-based mental health court programs;requiring the Department of Children and Families to designate qualifying organizations as community behavioral health centers;requiring the Agency for Health Care Administration to implement a prospective payment methodology for reimbursement rates at community behavioral health centers,etc.APPROPRIATION:$110,468,252.00 Effective Date:711/2015 3/2/2015 SENATE Referred to Children,Families,and Elder Affairs;Appropriations Subcommittee on Health and Human Services;Appropriations Bill Comments This bill proposes comprehensive reforms to behavioral health programs and funding. Its provisions include: establishment of a 23-member Behavioral Health Task Force;authorization for treatment-based mental health courts; designation of community behavioral health centers;increased funding for the Criminal Justice,Mental Health,and Substance Abuse Reinvestment Program;establishes a Behavioral Health Workforce Loan Forgiveness Program;and increasing Medicaid reimbursement rates to providers of behavioral health services. FAC is supportive of the efforts to improve the availability and delivery of behavioral health services,as well as increasing funding for programs and of 16 3/6/2015 8:43 AM 2015 Sipuficant Bills Report file:///C:/Users/vrogers/AppData/IA)cal/Microsoft/Window•s/Temporary I... providers. SB 1462 Relating to Behavioral Health Services Bradley Behavioral Health Services;Authorizing counties to fund treatment-based mental health court programs; requiring a judge presiding over a postadjudicatory treatment-based mental health court program to hear a violation of probation or community control under certain circumstances; requiring the department to establish specified standards and protocols with respect to the administration of the crisis stabilization services utilization database; requiring the Agency for Health Care Administration to submit a federal waiver or Medicaid state plan amendment for the provision of health homes; specifying conditions for the health home program,etc. Effective Date: 7/1/2015 3/3/2015 SENATE Referred to Children, Families,and Elder Affairs;Appropriations Subcommittee on Health and Human Services;Appropriations Bill Comments Like HEI 1005 and SB 1338,this bill proposes comprehensive reforms to behavioral health programs. Its provisions include authorization for treatment-based mental health courts;directs DCF to establish a database of utilization data in crisis stabilization units,and revises the goals of the Criminal Justice, Mental Health,and Substance Abuse Reinvestment Program. FAC is supportive of the Legislature's efforts to improve the availability and delivery of behavioral health services in the state. 2015[Public Safety)Significant Bills HB 0099 Relating to Juvenile Civil Citations Clarke-Reed Juvenile Civil Citations:Requires that law enforcement officer, upon making contact with juvenile who admits having committed misdemeanor, issue civil citation in certain circumstances. Effective Date:July 1, 2015 3/4/2015 HOUSE Favorable with CS by Criminal Justice Subcommittee; 10 Yeas, 3 Nays Bill Comments 3-5-2015 Allows law enforcement to issue a warning the first time a juvenile commits a non-serious delinquent act. Allows use of civil citations for second or subsequent offense.Allows officer to arrest a juvenile for a first-time misdemeanor if he or she provides written documentation as to why an arrest was warranted to protect the public safety Companion bill is SB 378 S80286 Relating to Classified Advertisement Websites Diaz de la Portilla Classified Advertisement Websites;Requiring a specified number of safe-haven facilities to be designated in each county based upon population size;authorizing state buildings,or alternatively,local governmental buildings,to serve as safe-haven facilities; limiting the liability of an entity that provides a safe-haven facility;limiting actions against the state or local government related to transactions taking place at a safe-haven facility,etc. Effective Date: 7/1/2015 1/15/2015 SENATE Referred to Community Affairs:Judiciary,Appropriations Subcommittee on General Government, Fiscal Policy Bill Comments 3-5-2015 Creates safe-havens for transactions initiated on classified advertising websites,such as Craigslist.Limits liability for government agency that operates a safe-haven. HB 0323 Relating to Classified Advertisement Websites Watson(B) Classified Advertisement Websites: Defines"safe-haven facility";requires specified number of safe-haven facilities to be designated in each county based upon population size;authorizes state or local governmental buildings to serve as safe-haven facilities;limits liability of entity that provides safe-haven facility; limits actions against state or local government related to transactions taking place at safe-haven facility. Effective Date:July 1, 2015 1/28/2015 HOUSE Now in Government Operations Subcommittee Bill Comments 3-5-2015 Creates safe-havens for transactions initiated on classified advertising websites, such as Craigslist Limits liability for government agency that operates a safe-haven. SB 0378 Relating to Juvenile Justice Garcia Juvenile Justice,Authorizing a law enforcement officer to issue a warning to a juvenile who admits having committed a misdemeanor or to inform the child's parent or guardian of the child's infraction, requiring a law enforcement officer who does not exercise one of these options to issue a civil citation or require participation in a similar diversion program; providing that, in exceptional situations,a law enforcement officer may arrest a first-time misdemeanor offender in the interest of protecting public safety, etc. Effective Date: 10/1/2015 3/5/2015 SENATE On Committee agenda-Criminal Justice,03/10/15, 10:00 am, 37 S Bill Comments 3-5-2015 Allows law enforcement to issue a warning the first time a juvenile commits a non-serious delinquent act Allows use of civil citations for second or subsequent offense.Allows officer to arrest a juvenile for a first-time misdemeanor if he or she provides written documentation as to why an arrest was warranted to protect the public safety. Companion bill is HB 99. ISO SB 0528 Relating to Medical Use of Marijuana Brandies 1?of16 3/6/2015 8:43 AM 2015 Significant Bills Report file:///C:/Users/vrogers/AppData/Local/N icrosoft/Windows/Temporary 1... Medical Use of Marijuana;Citing this act as"The Florida Medical Marijuana Act";allowing registered patients and designated caregivers to purchase,acquire,and possess medical-grade marijuana subject to specified requirements; allowing a cultivation and processing licensee,employee,or contractor to acquire,cultivate,transport,and sell marijuana under certain circumstances;allowing a retail licensee to purchase,receive,possess,store,dispense,and deliver marijuana under certain circumstances;specifying registration requirements for a patient identification card,etc. Effective Date:7/1/2015 2/3/2015 SENATE Referred to Regulated Industries;Health Policy;Appropriations Bill Comments 3-5-2015 Would authorize limited use of marijuana for medicinal purposes.Would preempt local regulations with for growing and processing facilities.Local zoning and other land development regulations would apply to retail facilities. Would allow counties to determine number and location of retail facilities in the county,which likely includes the ability to exclude retail facilities. HS 0583 Relating to Single-Sex Public Facilities Artiles Single-Sex Public Facilities:Requires that use of single-sex facilities be restricted to persons of sex for which facility is designated;prohibits knowingly&willfully entering single-sex public facility designated for or restricted to persons of other biological sex;provides exemptions;provides private cause of action against violators;provides for preemption. Effective Date:July 1,2015 314/2015 HOUSE Favorable with CS by Civil Justice Subcommittee;9 Yeas,4 Nays Bill Comments Pre-emption clause. FAC opposed HB 0683 Relating to Medical Use of Marijuana Steube Medical Use of Marijuana:Allows registered patients&designated caregivers to purchase,acquire,&possess medical-grade marijuana subject to specified requirements;allows cultivation&processing licensee,employee,or contractor to acquire, cultivate,transport,&sell marijuana;allows retail licensee to purchase,receive,possess,store, dispense,&deliver marijuana;prohibits certain actions regarding acquisition,possession,transfer, use,&administration of marijuana;clarifies that person is prohibited from driving under influence of marijuana;provides duties of DOH; provides implementation requirements;specifies act does not require or restrict health insurance coverage for purchase of medical-grade marijuana.Effective Date:July 1,2015 2/18/2015 HOUSE Now in Health Quality Subcommittee Bill Comments 3-5-2015 Would authorize limited use of marijuana for medicinal purposes.Would preempt local regulations with for growing and processing facilities.Local zoning and other land development regulations would apply to retail facilities. Would allow counties to determine number and location of retail facilities in the county,which likely includes the ability to exclude retail facilities. SB 1414 Relating to Juvenile Detention Costs Bradley Juvenile Detention Costs;Revising the responsibilities of specified counties and the state relating to paying for juvenile detention care;requiring the Department of Juvenile Justice to make certain determinations and then provide usage and cost information to certain counties;deleting a provision requiring a county to make a certain payment to the department, etc.Effective Date:7/1/2015 3/3/2015 SENATE Referred to Appropriations Subcommittee on Criminal and Civil Justice;Appropriations;Rules Bill Comments 3-5-2015 Would the change formula for juvenile detention costs which would be split 40%to the state,60%to the counties.Currently no reimbursement for past over billing.FAC is continuing to work with the bill sponsor to seek a more equitable model,and is working with Rep.Meta, Chairman of the House Justice Appropriation Committee,to get a companion bill in the House. SS 1464 Relating to Public Facilities Dean Public Facilities;Providing penalties for specified crimes;providing for a private cause of action for damages,costs,and fees;providing for liability for an owner of public accommodations under certain circumstances for damages,costs,and fees,etc.Effective Date:10/1/2015 3/3/2015 SENATE Referred to Criminal Justice;Appropriations Subcommittee on Criminal and Civil Justice; Fiscal Policy Bill Comments Pre-emption clause.FAC opposed _2015[Transportation]Significant Bills HB 004 , Relating to Hazardous Walking Conditions Metz Hazardous Walking Conditions: Revises criteria that determine hazardous walking conditions for public school students; revises procedures for inspection&identification of hazardous conditions;authorizes district school superintendents to initiate formal request for correction of hazardous conditions;requires district school boards to provide transportation to students who would be subjected to hazardous conditions;requires slate or local entities with jurisdiction over roads with hazardous conditions to correct condition;provides requirements for governmental entities relating to capital 13 of 16 3/6/2015 8:43 AM 2015 Significant Bills Report file:///C:/Users/vrogcrs/AppData/l ocal/Microsoft/Wndows/Temporary 1... improvement programs; provides requirements relating to civil actions for damages. Effective Date:July 1, 2015 2/12/2015 HOUSE Now in Education Appropriations Subcommittee Bill Comments 3-5-2015 Bill would allow School Boards to sue counties under ch.86 to determine if hazardous walking conditions exist. If condition is a hazardous walking condition, county would be required to place remedial action in 5-year transportation work program,or justify in writing reasons that action will not be included. FAC is working with bill sponsors with the goal of including a provision to allow local flexibility via interlocal agreement between school board and and county(already required under 163.31777)and to remove ch. 86 action as the dispute resolution mechanism. Both versions of this bill have gotten positive references in committee and it is anticipated that some version will pass this year. SB 0154 Relating to Hazardous Walking Conditions Hays Hazardous Walking Conditions; Revising criteria that deterrrune a hazardous walking condition for public school students;requiring a district school board to correct hazardous walking conditions and provide transportation to students who would be subjected to hazardous walking conditions; requiring state or local governmental entities with jurisdiction ll over a road with a hazardous walking condition to correct the condition within a reasonable period of time, etc. Effective Date: 7/11/2015 3/5/2015 SENATE Committee Substitute Text(C2)Filed Bill Comments 3-5-2015 Bill would allow School Boards to sue counties under ch.86 to determine if hazardous walking conditions exist If condition is a hazardous walking condition,county would be required to place remedial action in 5-year transportation work program,or justify in writing reasons that action will not be included. FAC is working with bill sponsors with the goal of including a provision to allow local flexibility via interlocal agreement between school board and and county(already required under 163.31777)and to remove ch. 86 action as the dispute resolution mechanism. Both versions of this bill have gotten positive references in committee and it is anticipated that some version will pass this year. HB 0231 Relating to Transportation Passidomo Transportation:Revises provisions relating to the rights&safety of vulnerable users of public rights-of-way; prohibits assault of bicycle riders;revises provisions for careless driving;provides penalties for specified infractions contributing to bodily injury of vulnerable users;requires traffic law&substance abuse education courses to include certain instruction; requires driver license examinations to include test of applicant's knowledge of certain traffic laws;requires driver education courses offered by school district to include certain information Effective Date:July 1, 2015 1/22/2015 HOUSE Now in Highway&Waterway Safety Subcommittee (V Bill Comments No comments. HB 0257 Relating to Freight Logistics Zones Ray Defines"freight logistics zone",authorizes county or two or more contiguous counties to designate geographic area or areas within its jurisdiction as freight logistics zone, requires adoption of strategic plan which must include certain information;provides that certain projects within freight logistics zones may be eligible for priority in state funding& certain incentive programs; provides evaluation criteria for freight logistics zones. Effective Date:July 1,2015 3/4/2015 HOUSE Now in Economic Affairs Committee Bill Comments HB 0575 Relating to Taxis Campbell Taxis:Authorizes certain counties to establish maximum rates which permitholder may charge taxi driver to operate taxa under such permit. Effective Date:July 1,2015 2/11/2015 HOUSE Now in Business&Professions Subcommittee Bill Comments No comments HB 0789 Relating to Regulatory Minimum Prices Tobia Regulatory Minimum Prices:Defines term"regulatory minimum price provides that establishment of regulatory minimum prices for lawful goods or services,or creation of service classifications that would apply differently to certain individuals & businesses is an unfair or deceptive regulatory act, requires DACS to identify instances of regulatory minimum prices & notify noncompliant agencies or entities; clarifies that act does not apply to minimum wages& regulatory fees of governmental entity, provides relief for persons who are adversely affected by certain regulatory actions; requires courts to award reasonable fees,costs, &damages, provides limitation on damages, requires certain interest on sums awarded. Effective Date:July 1, 2015 2/26/2015 HOUSE Now in Business& Professions Subcommittee Bill Comments No comments. HB 0817 Relating to Transportation Network Companies Gaelz(M) Provides requirements for operating as a transportation network company or for employment as transportation network company driver. Effective Date July 1,2015 14 of 16 3/6/2015 8:43 AM _2015 Significant Bills Report file:///C:/tJsers/vrogers/AppData/1-ocal/Microsofl/Windows/Temporary I... 2/26/2015 HOUSE Now in Transportation$Ports Subcommittee Bill Comments No comments. SB 0986 Relating to Taxis Braynon Tabs;Authorizing certain counties to establish maximum rates that a permitholder may charge a taxi driver to operate a taxa under the permit,etc.Effective Date:7/1/2015 2/26/2015 SENATE Referred to Regulated Industries;Community Affairs; Rules Bill Comments No comments. SB 1184 Relating to The Department Of Highway Safety And Motor Vehicles Brandes The Department Of Highway Safety And Motor Vehicles;Providing that an employer may pay up to a certain amount directly toward the venue expenses associated with the funeral and burial services of a law enforcement,correctional,or correctional probation officer killed in the line of duty;requiring a vehicle with a load that extends beyond its sides or a certain amount beyond its rear to display red flags not less than 18 inches square under certain circumstances; authorizing the department to disclose certain confidential and exempt information to another governmental entity under certain circumstances,etc.Effective Date: 10/1/2015 3/5/2015 SENATE Favorable with CS by Transportation;7 Yeas,0 Nays Bill Comments SB 1184 is the annual Highway Safety bill,it passed its first committee of reference(Transportation)after the adoption of two amendments relating to red light cameras.The first amendment directs FDOT to develop traffic countermeasures and other location standards that counties must use before erecting a right light camera at an intersection.The second requires the local governments who fail to comply with certain statutory reporting requirements to remit all violation revenues to the Department of Revenue until compliance is reached.At the time compliance has been determined by DOR,such revenues can be returned to the local government.FAC opposed both amendments. SB 1186 Relating to Transportation Brandes Transportation;Providing that certain commercial sponsorship may be displayed on state greenway and trail facilities not included within the Shared-Use Nonmotorized Trail Network;requiring the governing body of any independent special district created to regulate the operation of public vehicles on public highways to consist of a certain number of members;authorizing a public transit provider to enter into agreements with a transportation network company for the provision of certain transit services,etc,Effective Date:7/1/2015 3/5/2015 SENATE Favorable with CS by Transportation;7 Yeas,0 Nays Bill Comments SB 1886 represents this year's annual transportation bill.Among the bill's provisions,which are supported by FAC,is the creation of the Northwest Florida Transportation Finance Authority and a directive that the Center for Urban and Transportation Research(CUTR)conduct a pilot study on Vehicle Miles Traveled as potential mechanism to fund transportation in Florida. SB 1326 Relating to Transportation Network Companies Brandes Transportation Network Companies;Providing transportation network company(TNC)and TNC driver insurance requirements;prohibiting a TNC from owning,controlling,operating,or managing the vehicles used by TNC drivers; requiring a TNC driver to exclusively accept rides booked through the TNC's digital network or software application service,etc.Effective Date:7/1/2015 3/2/2015 SENATE Referred to Regulated Industries;Banking and Insurance;Rules Bill Comments No comments. SB 1456 Relating to Transportation Latvala(J) Transportation; Revising the term"infrastructure"to include any expenditure for compliance with permit conditions of existing and planned infrastructure and planning studies in certain situations;increasing the minimum amount of money per year which must be available from the State Transportation Trust Fund to fund the Florida Seaport Transportation and Economic Development Program;increasing the minimum amount of money per year the Department of Transportation must include in its annual legislative budget request for the Florida Seaport Transportation and Economic Development Program,etc.Effective Date:7/1/2015 3/3/2015 SENATE Referred to Transportation;Appropriations Subcommittee on Transportation, Tourism,and Economic Development;Appropriations Bill Comments No comments. HB 4025 Relating to Traffic Infraction Detectors Artiles Traffic Infraction Detectors: Repeals provisions relating to installation 8 use of traffic infraction detectors to enforce specified provisions when driver fails to stop at traffic signal. Effective Date:upon becoming a law 2/11/2015 HOUSE Now in Economic Affairs Committee 15 of 16 3/6/2015 8:43 AM 2015 Significant Bills Report file:///C:/Users/vrogers/AppData/l ocal/Microsoft/Windows/Temporary 1... Bill Comments 4WNo comments. HB 7039 Relating to Department of Transportation Transportation& Ports Subcommittee Department of Transportation Revises provisions relating to DOT's organization, Uniform Traffic Control Law,driving on right side of roadway,crosswalks,operating bicycle,commercial motor vehicles,airport zoning,traveler information systems,toll revenue, bonds,toll accounts,adopted work program,transportation concurrency; &directs EDR to determine benefits of investment in DOT's adopted work program.Effective Date:July 1,2015 3/4/2015 HOUSE Filed(Formerly PC8 TPS1) Bill Comments 3-5-15 Represents the House Transportation package.Streamlines and revises the e)osting state process to manage airspace and land use at or near airports. Prohibits counties that implement transportation concurrency and charge proportionate share payments from charging a tree mitigation fee to a developer who makes prop share payments and must also remove trees for the development.Counties may opt out of this provision by a simple majority vote. 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Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Notice of Special Call Meeting for the Award of the Solid Waste and Recyclables Collection Services (RFP#2015023) NOTICE OF SPECIAL CALL MEETING: On March 3, 2015, the Solid Waste Disposal District (SWDD) Board approved a Special Call Meeting to be held on Wednesday, March 18, 2015 at 9:00 am in the County Commission Chambers in Indian River County Administration Building A at 180127 1h Street. The purpose of the meeting is to obtain public input and award the Solid Waste and Recyclables Collection Services (RFP#2015023). APPROVED FOR AGENDA: Indian River Co. ApPxRrcl Date By: Administration 5 Jose6h A. Baird, County Administrator Legal A r: Budget SWDD Date .�S SWDD-Finance y�� Purchasing � .0 5 SWDD Agenda-Notice of a Special Call Meeting for RFP#2015023 Page 1 of 1 320