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Home My WebLink About01/09/20184 ER c°\ �ORi�A COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman, District 4 Bob Solari, Vice Chairman, District 5 Susan Adams, District 1 Joseph E. Flescher, District 2 Tim Zorc, District 3 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JANUARY 9, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Larry Boan, Central Assembly of God 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 6.A. Regular Meeting of November 14, 2017 6.13. Regular Meeting of November 21, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Docket No. 20170179 -GU Petition for Rate Increase and Approval of Depreciation Study by Florida City Gas - Case Synopsis is available for review in the office of the Clerk to the Board. January 9, 2018 Page 1 of 5 7.B. Florida Development Finance Corporation (FDFC) Financial Statements for Year Ended June 30, 2017 and Report of Independent Auditor is on file in the Office of the Clerk to the Board 7.C. Florida Public Service Commission Petition for One -Year Extension of Voluntary Solar Partnership Rider and Program, by Florida Power & Light Company, Docket No. 20170212 -EI is on file in the Office of the Clerk to the Board. 7.D. Proof of Loss Statements Hurricane Matthew 7.E. Update on All Aboard FL/Vero Electric Expenses 8. CONSENT AGENDA S.A. Checks and Electronic Payments December 8, 2017 to December 14, 2017 8.B. Checks and Electronic Payments December 15, 2017 to December 21, 2017 8.C. Checks and Electronic Payments December 22, 2017 to December 28, 2017 8.D. Work Order No. 5, Masteller & Moler, Inc., 58th Avenue Ballfield Renovation and Expansion Project 8.E. Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation 8.F. Acceptance of Easements for Utilities with respect to Sebastian Medical Suites Commercial Subdivision, Located Within the City of Sebastian 8.G. Resolutions Cancelling Taxes on Properties Purchased by Indian River County for Public Purposes 8.H. Approval of Resolution Adopting the 2018 Indian River County Emergency Plan for Hazardous Materials 8.I. Miscellaneous Budget Amendment 003 8.1 Miscellaneous Budget Amendment 004 8.K. Miscellaneous Budget Amendment 005 8.L. Recommended Approval of Ranking of Firms and Award of Annual Maintenance of West Wetlands at WRWWTF (RFP 2018004) 8.M. Approval of Withdrawal of Bid for Annual Day Labor (2018022) and Authorization to Rebid 8.N. Consideration of a Resolution Clarifying and Updating Rules for the Construction Board of Adjustment and Appeals, and Notice of Model Administrative Code Addition and Clarification January 9, 2018 Page 2 of 5 8.0. Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Kirk & Nancy Jo Madsen - 7855 66th Ave, Vero Beach, FL 32967 8.P. Approval of Agreement - Aptim Environmental & Infrastructure, Inc. for Engineering and Biological Support Services for Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project. RFQ# 2018006 8.Q. Approval of Agreement - Coastal Technology Corporation for Engineering and Biological Support Services for Sector 7 (Porpoise Point) Beach and Dune Renourishment Project. RFQ# 2018007 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Richard Baker, Pelican Island Audubon Society, Regarding Transforming Landscapes for a Sustainable Future Conference - Learn to Enhance Your Yard with Native Plants C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 12.G.1. Sole Source Providers for Water and Wastewater Treatment Plant Equipment January 9, 2018 Page 3 of 5 12.G.2. Water Main Extension along 103rd Court from 88th Street to S. 89th Street within a portion of Blocks E and H, Vero Lake Estates Subdivision, Unit H-3, located in Indian River County, Resolutions I (Preliminary Assessment Roll) and II (Public Hearing Date) 13. COUNTY ATTORNEY MATTERS 13.A. 2018 Committees Vacancies 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Brvan, Chairman B. Commissioner Bob Solari, Vice Chairman 14.13.1. Sale of Indian River Memorial Hospital C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 14.E.1. Millstone Landing Planned Development Developer's Agreement 15. SPECIAL DISTRICTS AND BOARDS A. Emer2ency Services District B. Solid Waste Disposal District 15.13.1. Request for General Funds - PACE Project and Other Community Projects FY2017-18 15.B.2. Award of Bid for Recycling at Governmental Buildings and Facilities (Bid #201810) C. Environmental Control Board 16. ADJOURNMENT January 9, 2018 Page 4 of 5 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.corn The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6: 00 p. m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. January 9, 2018 Page 5 of 5 GUNSTFR FLORIDA'S LAW FIRM FOR BUSINESS December 11, 2017 U.S. MAIL Jason E. Brown County Administrator City of Indian River County Administration Offi 1801 27th Street Vero Beach, FL 32960-3365 Writer's E -Mail Address: bkeatingogunster.com Indian River County EIEC 18 2011 Office of the Cuunty Administrator Re: Docket No. 20170179 -GU - Petition for rate increase and approval of depreciation study by Florida City Gas. Case Synopsis Dear Administrator Brown: Enclosed, please find a copy of the synopsis of Florida City Gas's application to the Florida Public Service Commission for approval of a rate increase, which is being provided in accordance with the Rules of the Florida Public Service Commission. Sincerely, Beth Keating Gunster, Yoakley & Stewart, P.A. 215 South Monroe St., Suite 601 Tallahassee, FL 32301 (850) 521-1706 Attorneys for Florida City Gus 215 South Monroe Street, Suite 601 Tallahassee. FL 32301-1804 p 850-521-1980 f 850-576-0902 GUNSTER.COM Fort Lauderdale I Jacksonville 1 Miami I Orlando I Palm Beach I Stuart I Tal'ahassee I Tampa I I he Florida Keys I Vero Beach I West Palm 9each DOCKET NO. 20170179 -GU Florida City Gas DOCKET NO. 20170179 -GU Synopsis of Rate Request I. Company Overview Florida City Gas (FCG or Company) was originally incorporated as City Gas Company of Florida in 1949. Its initial operations were as a propane dealer in Dade County, Florida. Beginning in 1960, the Company commenced operations as a natural gas local distribution company ("LDC"), and thus, became a "public utility" as that term is defined in Section 366.02, Florida Statutes. As such, the Company was, henceforth, subject to the regulatory jurisdiction of the Florida Public Service Commission. In 1988, NUI Corporation, which was headquartered in Bedminster, New Jersey, acquired the Company, merging it under its subsidiary, NUI Utilities, Inc. The Company also expanded its service to include St. Lucie, Martin, Indian River, and Palm Beach Counties. On November 30, 2004, NUI Utilities, Inc. became a wholly-owned subsidiary of AGL Resources Inc. ("AGLR"), headquartered in Atlanta, Georgia, whereupon the Company's name was eventually changed to Pivotal Utility Holdings, Inc. d/b/a Florida City Gas in Florida. In July 2016, AGLR became Southern Company Gas, a wholly-owned subsidiary of The Southern Company ("Southern"), which provides electric and natural gas service to over 9 million customers through its various subsidiaries, and also operates as a leading provider of wholesale energy and customized energy solutions, as well as fiber optics and wireless communications. The common stock of Southern is owned by approximately 128,000 registered shareholders of record, over 11,000 of whom reside in Florida. As a subsidiary of Southern Company Gas, FCG currently serves approximately 108,000 residential, commercial and industrial natural gas customers in Florida's Miami -Dade, Brevard, St. Lucie, Palm Beach, Glades, Hendry, Broward, and Indian River counties. II. Request for Rate Increase/ Summary On October 23, 2017, for the first time in almost fourteen years, the Company filed a request for a rate increase with the Florida Public Service Commission ("Commission") asking 1 Page DOCKET NO. 20170179 -GU for a permanent increase in rates, as well as an interim increase in rates pending the Commission's decision in this case. The Commission is the agency, under Florida laws, charged with setting and regulating the rates, fees, and services of Florida utilities and will review the Company's request. The Docket Number assigned by the Commission for this proceeding is Docket No. 20170179 -GU. The Company is asking that the Commission allow the Company to increase its rates and charges to the extent necessary to generate additional gross annual revenues in the amount of $19.3 million, which will enable the Company to continue to provide safe, reliable natural gas service at a level the customers have come to expect, and to approve the Company's depreciation study also submitted herewith in support of the Company's requested increase. The requested increase will provide FCG with a reasonable opportunity to earn a fair rate of return of 6.32 percent on the Company's plant and property used to serve its customers and an 11.25 percent midpoint rate of return on FCC's common equity. The Company's request for interim relief seeks permission to implement a temporary increase in an amount necessary to generate additional revenues in the amount of $4,893,061, for the interim period before permanent rates and charges go into effect in accordance with the Commission's final determinations in this proceeding. The Commission will utilize a "test year" for purposes of setting rates for FCG. The Company has used a projected test year of January 1, 2018 through December 31, 2018 for purposes of presenting its case, and believes this time period best represents actual conditions in effect at the time new rates will go into effect, as compared with other prior periods. The Company's jurisdictional 13 -month average rate base for the test year period is projected to be $- 299.3 million. Without the requested rate increase, the jurisdictional net operating income for the Company in the same period is projected to be $9.3 million. The projected rate of return is, consequently, projected to be 3.10 percent, while the return on common equity is projected to be 2.95 percent in the test year. As such, FCG asks that the Commission allow the Company an overall rate of return of 6.32 percent, including a mid -point ROE of 11.25 percent. The resulting revenue deficiency is $15.8 million. The Company is also seeking to include the existing Safety, Access, and Facility Enhancement program ("SAFE") distribution facility installations in rate base, consistent with Chapter 366, Florida Statutes. 21Page DOCKET NO. 20170179 -GU the Commission's prior decision on the Company's SAFE program. When the additional revenue requirement of $3.5 million associated with SAFE installments is included, as contemplated by Commission order and as further discussed herein, this results in a total revenue increase request of $19.3 million. It should, however, be noted that moving the SAFE investments into rate base is ultimately bill neutral for FCG's customers, as well as revenue neutral to the Company, because FCG is also proposing to make a corresponding adjustment to reduce the current SAFE surcharge. III. Interim Request FCG is also asking for an interim increase in its retail rates and charges in an amount necessary to generate additional revenues in the amount of $4,893,061. This proposed interim increase would be effective during the interim period while the case is processed and before permanent rates and charges go into effect in accordance with the Commission's final determinations in this proceeding. The requested amount is based upon actual data derived from the preceding or "historic" test year with an ending date of December 31, 2016. For that period, the Company's annual revenue deficiency is $4,893,061 based upon a historic test year rate base of $209,312,678. The Commission will consider the Company's request for interim rate relief at its December 12, 2017, Agenda Conference. If the request is granted, any interim increase will be placed into effect subject to refund, with interest, if at the conclusion of this proceeding, the Commission determines that some or all of the increase was not justified. IV. Reasons for Request - Key Factors As further set forth in the testimony and exhibits of FCG's witnesses, there are three key drivers for FCG's request in this proceeding: (1) capital investments to enhance the safety and reliability of FCG's distribution system; (2) capacity challenges, which have prompted FCG to develop a liquefied natural gas ("LNG") strategy; and (3) the challenges associated with an aging workforce and the costs associated with proactively addressing the pending skills and knowledge gap. Significant investments have been made by FCG to its system in response to federal regulatory changes regarding safety of natural gas facilities. FCG has also made investments to improve the reliability of its system and to enhance the ability of its employees to access facilities for maintenance and repairs, as well as to extend facilities to provide natural gas service 31Page �� `"f- DOCKET NO. 20170179 -GU to customers who would otherwise be unable to obtain such service. As further addressed herein, and in the testimony and exhibits of FCG's witnesses, the Company is also faced with capacity challenges that it proposes to address through a two-pronged approach involving the purchase of additional interstate pipeline capacity and the construction of an LNG "peaking" unit. FCG has also invested significantly to provide enhanced training opportunities for development and retention of highly skilled and highly specialized personnel in response to the challenges of an aging workforce. In order to continue to provide, in the face of these challenges, "reasonably sufficient, adequate, and efficient service," as required by Section 366.03, Florida Statutes, FCG must be able to not only recover its cost to serve, but also attract capital at reasonable rates and offer a fair return for its investors. Without a rate increase, FCG will be unable to provide the level of service required by statute and will also be unable to meet its obligations to its investors. Thus, FCG is asking that this Commission allow the Company to increase its rates and charges enough to provide a total increase in annual revenues of $19.3 million. FCG's current rates were established by the Commission back in 2004, in Docket No. 20030569 -GU, by Order No. PSC -2004 -0128 -PAA -GU, issued February 9, 2004, using a test year ending September 30, 2004. Since that time, FCG has maintained its focus on the customer as reflected by its service quality, while also effectively managing its costs such that it has been able to avoid seeking a base rate increase for nearly 14 years. As set forth in the testimony and exhibits of FCC's witnesses, cost saving measures, such as becoming a part of the AGL Resources Inc. (AGLR) shared services model and FCG's deployment of various technology solutions, have created significant operational efficiencies that have helped the Company maintain its rates at the same level over this extended period. The Company has seen, however, an increase in its cost to serve customers, which has contributed to its declining rate of return. At present, the Company's current rates and charges no longer allow it to earn a fair and reasonable rate of return nor do they yield reasonable compensation for services provided, which FCG is entitled to under Section 366.06(3), Florida Statutes. As of June 2017, FCG was earning an overall rate of return of 4.86% on a pro forma adjusted basis with an ROE of 7.91%, excluding the AGLR acquisition adjustment and associated regulatory assets, and a mere 6.46% with the acquisition adjustment and regulatory assets included. 41Page �` DOCKET NO. 20170179 -GU Without the requested revenue increase, FCG projects that its overall rate of return will fall to 3.10%, well below its currently authorized rate of return of 6.27%. As such, FCG's ability to continue to provide consistent reliable service at the level to which our customers expect and deserve will be jeopardized. To produce the requested permanent revenue increase, the Company has also filed revised tariff schedules which include the requested rate increases. The adjustments to the various rates and charges, and the changes made to the different rate classes, are based upon a cost of service study, which was then used to allocate costs across the Company's different rate classes. While revisions vary from rate class to rate class, a typical residential customer would see a total bill increase of $1.73/month, which equates to a 6.4% increase to their bill, with SAFE and gas costs (PGA) included. A comparison of the present and proposed rates is attached to this Synopsis as Appendix A, along with a copy of the Executive Summary submitted with the Company's filing at the Commission. V. Additional Requests In addition to the requested rate increase, the Company is also seeking Commission approval to take several additional items and actions, including: 1) Approval of the Company's Depreciation Study; 2) Authorization to make certain adjustments to its rate structure, namely to create residential and commercial classes, to consolidate certain industrial rate classes, and eliminate or close certain rate classes and riders; 3) Authorization to make certain changes to its customer charges, including adding new customer charges, such as a Failed Trip Charge, which will help reduce upward pressure on base rates by assessing the charges directly to the customers that cause the underlying cost; 4) Authorization to implement the proposed Economic Development Extension Program, to encourage new business growth by making it more economically feasible to extend service to new customers; 5) Authorization to revise its transportation service tariff to allow it to expand the allocation of its capacity costs to include an amount to be allocated to Third Party Shippers who serve transportation customers on the Company's system; 5 Page T� DOCI(ET NO. 20170179 -GU 6) Authorization to establish a storm reserve to better allow it to address storm damages expeditiously without incurring significant financial harm; and 7) Authorization to construct and include in rate base a new, liquefied natural gas (LNG) facility to help address the Company's concerns regarding limitations on capacity, which could impact its ability to serve customers. VI. Rate Making Process The Company has filed detailed accounting and financial schedules, based upon the projected and historic test years, which are called Minimum Filing Requirements or "MFRs". The Company has also filed a formal Petition making its request to the Commission, along with written, prefiled testimony and exhibits of its witnesses, who explain and support the Company's analysis of rate base, capital structure, achieved and required net operating income, adjustments to expenses and rate base, tariff changes, including the economic development plan, quality of service, and other pertinent issues. The Commission will address the Company's request through a frill hearing process. This process will include customer meetings in Coral Gables, Melbourne, and Port St. Lucie to receive testimony from the Company's customers regarding the Company's quality of service and other matters pertinent to the Company's requested rate increase. Key issues in the case are likely to include: 1. What is the appropriate test year for setting base rates? 2. What is FCC's test year rate base? 3. What is FCG's cost of capital? 4. What is FCG's test year net operating income? 5. Is FCG's cost of service methodology appropriate? 6. What are the appropriate rate levels for each customer class? Specific issues will be identified in a prehearing order issued by the Commissioner assigned as Prehearing Officer for the case. Upon completion of the customer meetings and the formal hearing (scheduled for March 26-30, 2018, in Tallahassee), the Commission's professional staff will prepare a recommendation based upon the evidence presented addressing what rate relief, if any, is appropriate for the Company. The Commission's staff is composed of attorneys, engineers, accountants, rate and 6 1 P a g e �, DOCKET NO. 20170179 -GU finance analysts, and consumer affairs specialists. The Commission will review and take action on their staff's recommendation and thereafter, an Order addressing the Company's request will be issued. A panel of three Commissioners has been assigned to decide this case. Currently, the Commission is scheduled to make a determination regarding the Company's revenue requirement on June 5, 2018 at 1:30 p.m., with a final determination regarding the appropriate new rates to be made on June 19, 2018, beginning at 9:30 a.m. They will base their decisions on all issues in the case upon the evidence that is received. In addition to the Commission's professional staff, the Office of Public Counsel has intervened in this docket and will be analyzing the documents and testimony submitted by the Company, as well as any additional information produced through the formal discovery process or as a result of the audit that will be conducted by Commission audit staff. The Office of Public Counsel may be contacted at: Office of Public Counsel, c/o The Florida Legislature, 11 I West Madison Street, Room 812, Tallahassee, FL 32399-1400. Customer meetings have been scheduled in Coral Gables, Melbourne, and Port St. Lucie, as follows: January 23, 2018, 6:00 pm (EST) Coral Gables City Hall Commission Chambers 405 Biltmore Way Coral Gables, FL 33134 January 24, 2018, 9:00 am (EST) PSL Civic Center 9221 Civic Center Place Port St. Lucie, FL 34953 January 24, 2018, 6:00 pm (EST) Brevard County Governmental Center Commission Chambers 2725 Judge Fran Jamieson Way Viera (Melbourne), FL 32940 Customers are urged to be present at the beginning of the meeting, since customer meetings may be adjourned once all customers present have been allowed to speak. One or more Commissioners may be present at the customer meetings. Currently, the schedule for this proceeding is as follows: 71Pagc i DOCKET NO. 20170179 -GU (1) Florida City Gas's testimony and exhibits October 23, 2017 (complete) (2) Intervenor's testimony and exhibits February 1, 2018 (3) Service Hearings January 23-24, 2018 (4) Commission Staff's testimony and exhibits February 7, 2018 (5) Rebuttal testimony and exhibits February 16, 2018 (6) Prehearing Statements March 5, 2018 (7) Discovery deadline March 9, 2018 (8) Prehearing Conference March 12, 2018 (9) Hearing March 26-30, 2018 (10) Briefs April 13, 2018 More detailed information regarding the Company's requested rate increase is included in the Company's MFRs, which can be reviewed at the Company's offices in the following locations: Tlnral (lffirP 4045 N.W. 97th Avenue Doral, FL 33178-2300 USA (9:00 a.m. — 5:00 p.m.) Brevard Service Center 4180 South US Highway 1 Rockledge, Florida 32955-5309 (9:00 a.m. — 5:00 p.m.) The Company's MFRs and a synopsis of the case can also be reviewed at the following location during normal operating hours: St. Lucie County Public Library Port St. Lucie Branch 180 SW Prima Vista Port St. Lucie, FL 34983 (772) 871-5450 A detailed synopsis of the case can also be reviewed at the following locations during normal operating hours: Central Brevard Library Attention: Director 8 1 P a g e t DOCKET NO. 20170179 -GU 308 Forrest Avenue Cocoa, FL 32922 (321) 633-1792 Hialeah John F. Kennedy Memorial Library Attention: Director 190 W. 49 Street Hialeah, FL 33012 (305) 819-9140 Miami Dade Main Library Attention: Director 101 West Flagler Street Miami, FL 33 128 (305) 375-2665 Broward County Main Library Attention: Director 100 S. Andrews Avenue Ft. Lauderdale, FL 33301 (954) 357-7444 Palm Beach County Library Belle Glade Branch 530 South Main Street Belle Glade, FL 33430 (56 1) 996-3453 St. Lucie County Public Library Port St. Lucie Branch 180 SW Prima Vista Port St. Lucie, FL 34983 (772) 871-5450 Martin CountyPublic Library Hoke Library 1150 NW Jack Williams Way Jensen Beach, FL 34957 (772)443-2870 Indian River County Public Library 1600 21st Street Vero Beach, FL 32960 91Page DOCKET NO. 20170179 -GU Any customer comments regarding the Company's service or the proposed rate increase should include the docket number assigned to this case, Docket No. 20170179 -GU, and should be addressed to: Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, FL 32399-0850 You may also contact the Commission at their toll free number: 1-800-342-3552. Company personnel may be contacted to answer any questions concerning the rate request at the address shown on your bill, by visiting the Company's website: www.floridacitygas.com, or by calling the following telephone number: 1-888-284-5072 (available between the hours of 8:00 a.m. and 5:00 p.m. EST). 101Page DOCKET NO. 20170179 -GU APPENDIX A FLORIDA CITY GAS COMPARISON OF CURRENT AND PROPOSED RATES *- Florida City Gas 11 Pabe U RN �8S U 0 U H bn r Uo 0 0 c- G- IA Go!� sus ss sv ss sv o 1 o O o 0 0 0 v� O O O O O O O W U r N N O N � sv 119 s4 ss cls El� GR C, •cn i V] i U � r N CA r � � c a 0 0 o O C/) O O C) O F- � v W a 110 C, �\10 CD CD r aQ C) C) cD (Z) C C) E— z E an N C C C O ,cam. 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( <1} ) ) ) ) TFC FLORIDA DEVELOPMENT FINANCE c°?' November 30, 2017 9 Indian River County DEC ® 8 2017 OWce of the County Administrator To: The Parties Set Forth on the Distribution List Attached as Appendix A Re: The Florida Development Finance Corporation Annual Reporting Requirements In accordance with Section 288.9610, Florida Statutes, the undersigned, on behalf of the Florida Development Finance Corporation, has enclosed the following information: (1) Audit results conducted pursuant to Section 11.45 ; Florida Statutes; (2) A summary of the activities, operations and accomplishments of the Florida Development Finance Corporation which were conducted during the Fiscal Year ended June 30, 2017, including the number of businesses assisted by the Corporation; and (3) The assets, liabilities, income and operating expenses of the Corporation during fiscal year ended June 30, 2017, including a description of all outstanding revenue bonds. If you have any questions or concerns about this information, lease do not hesitate to contact me. Sincerel William Franklin Spivey, Jr. Executive Director 800 North Ntagroiia .Avenue Suite 1100 or!ando, Florida 32803 407.95&5695 407956.5599 407.271.9540 bspivey d,fdfcbonds.com www.fdfcbonds.com FLORIDA DEVELUPIVIEI I I� FINANCE CORPORATION FINANCIAL STATEMENTS For the Year Ended June 30, 2017 And Report of Independent Auditor 6- `a% Cherry Bekaert " CPAs & Advisors FLORIDA DEVELOPMENT FINANCE CORPORATION TABLE OF CONTENTS Page REPORT OF INDEPENDENT AUDITOR........................................................................................1 - 2 MANAGEMENT'S DISCUSSION AND ANALYSIS.....................................................................3-6 BASIC FINANCIAL STATEMENTS Statementof Net Position........................................................................................................................... 7 Statement of Revenues, Expenses and Changes in Net Position. ............................................................. 8 Statementof Cash Flows............................................................................................................................9 Notes to Financial Statements...............................................................................................................10-13 SUPPLEMENTARY REPORT OF INDEPENDENT AUDITOR Report of Independent Auditor on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards.........................................................................14-15 Schedule of Findings and Responses........................................................................................................16 Report of Independent Auditor To the Board of Directors, Florida Development Finance Corporation: Report on the Financial Statements We have audited the accompanying financial statements of Florida Development Finance Corporation ("FDFC") as of and for the year ended June 30, 2017 and the related notes to the financial statements, as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Florida Development Finance Corporation as of June 30, 2017, and the respective changes in financial position and cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Accounting principles generally accepted in the United States of America require that the management's discussion and analysis on pages 3 — 6 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated October 6, 2017 on our consideration of FDFC's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering FDFC's internal control over financial reporting and compliance. Orlando, Florida October 6, 2017 2 MANAGEMENT'S DISCUSSION AND ANALYSIS FLORIDA DEVELOPMENT FINANCE CORPORATION MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2017 This discussion and analysis of Florida Development Finance Corporation's (FDFC) financial performance provides an overview of its financial activities for the fiscal year ended June 30, 2017. Please read it in conjunction with the report of independent auditor and the basic financial statements. Financial Highlights FDFC facilitated the authorization and issuance of $170,580,000 in seven (7) new money bonds for the fiscal year ending June 30, 2017. It received application and issuance fees of $612,894. In the past, FDFC primarily issued bonds for small manufacturers, but over time, it has served a variety of 501(c)3 not-for-profit institutions, including health-care, educational and foundations. In fiscal year ending June 30, 2017, the types of borrowers served by the FDFC bond process were entirely educational facilities where six (6) were for charter schools and one (1) for a private school. Current applications for the next fiscal year are comprised of one (1) charter school, one (1) solid waste disposal and one (1) manufacturer. The FDFC's Property Assessed Clean Energy (PACE) Program was launched on June 29, 2017. No taxable PACE bonds have closed so far although FDFC staff have started the process of reviewing applications. Applications for new traditional bonds involving the use of tax-exempt bonds are projected to dramatically decrease for the upcoming fiscal year due to changes in the (i) Conduit Issuance Policy that increased minimum denominations to levels above industry standards for comparable conduit issuers and (ii) TEFRA approval process. It is also unknown if the All Aboard Florida project will continue to seek bond financing through the FDFC or apply for a low-interest loan through the U.S. Department of Transportation Railroad Rehabilitation & Improvement Financing Loan Program. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to FDFC's basic financial statements. The basic financial statements also include notes that explain in more detail some of the information in the financial statements. Required Basic Financial Statements FDFC utilizes an enterprise fund for financial reporting purposes. This fund includes all activities of FDFC The financial statements of FDFC report information about FDFC using accounting methods similar to those used by private sector companies. These statements offer short-term and long-term financial information about its activities. The statement of net position includes all of FDFC's assets and liabilities and provides information about the nature and amounts of investments in resources (assets) and the obligations to FDFC's creditors (liabilities). The statement of net position also provides the basis for computing rate of return, evaluating the capital structure of FDFC and assessing liquidity and financial flexibility of FDFC. All of the current year's revenues and expenses are accounted for in the statement of revenues, expenses, and changes in net position. This statement measures the success of FDFC's operations over the past year and can be used to determine whether FDFC has successfully recovered all of its costs through its services provided, as well as its profitability, and credit worthiness. The final required financial statement is the statement of cash flows. The primary purpose of this statement is to provide information about FDFC's cash receipts and payments during the reporting period. The statement reports cash receipts, cash payments, and net changes in cash resulting from operating, investing, non -capital financing and financing activities and provides answers to such questions as where did cash come from, what was cash used for, and what was the change in the cash balance during the reporting period. FLORIDA DEVELOPMENT FINANCE CORPORATION MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2017 Financial Analysis Net Position Net position may serve over time as a useful indicator of FDFC's financial position. FDFC's assets exceeded liabilities by $1,090,717 representing a decrease in net position for the year of $378,481. The largest portion of FDFC's net position reflects cash received from bond issuance fees. Table A-1: Statements of Net Position (in thousands of dollars) Fiscal Year Fiscal Year Dollar 2017 2016 Change Assets Cash $ 1,142 $ 1,575 $ (433) Accounts receivable 183 3 180 Prepaidexpenses - 1 (1) Total assets $ 1,325 $ 1,579 $ (254) Liabilities Accounts payable $ 234 $ 110 $ 124 Net Position Unrestricted 1,091 1,469 (378) Total net position $ 1.091 S 1.469 S (378) Total assets decreased due primarily to cash spent on higher than expected PACE -related expenses, offset by increases in accounts receivable due to timing of All Aboard Florida billings. Total liabilities increased in fiscal 2017 primarily due to the timing of the Enterprise Florida, Inc. invoices for certain administrative functions for seven months being accrued and paid after June 30, 2017. n FLORIDA DEVELOPMENT FINANCE CORPORATION MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2017 Changes in Net Position The changes in net position displayed below shows FDFC's activities during the past two fiscal years. The increase in net position for each year represents the extent to which revenues exceeded expenses during the year. Table A-2: Statements of Revenues, Expenses, and Changes in Net Position (In thousands of dollars) Revenue: Fees Expenses: General and administrative Salaries and wages Professional fees Other Program: PACE program FRED Total expenses Change in Net Position Net Position, beginning of year Net Position, end of year Fiscal Year Fiscal Year 2017 2016 $ 613 $ 1,011 $ Dollar Change (398) 318 66 252 328 520 (192) 88 75 13 254 2 105 - 149 2 991 766 225 (378) 1,469 245 1,224 (623) 245 $ 1.091 S 1.469 $ (3781 The increase in expenses is due to higher than expected PACE -related expenses related to providing a more turn -key level of service through the formation of the Florida Resiliency and Energy District ("FRED"), which serves as the mechanism for placing the voluntary special assessments on the tax roll; an increase in personnel costs; and reimbursable expenses related to the All Aboard Florida project. 61 FLORIDA DEVELOPMENT FINANCE CORPORATION MANAGEMENT'S DISCUSSION AND ANALYSIS JUNE 30, 2017 Economic Factors FDFC's primary business is the issuance of tax exempt revenue bonds, which are permissible under the U.S. Internal Revenue Service's private activity regulations and Chapter 288, Part X, Florida Statutes. Those regulations, subject to a number of limitations and restrictions, allow small manufacturers and non-profit corporations to finance capital assets with tax exempt bond proceeds. FDFC's revenues, other than expense reimbursements from All Aboard Florida, are exclusively generated by fees charged for issuance of bonds, and the volume of bond issuance can be directly impacted by general economic conditions and perception of policies for conduit issuance by potential borrowers and their finance team. Requests for Information This financial report is designed to provide a general overview of FDFC's finances for all those with an interest in FDFC's finances. Questions concerning any of the information provided in this report or requests for additional information should be addressed to: Bill Spivey Executive Director 800 North Magnolia Avenue, Suite 1100 Orlando, Florida 32803 BASIC FINANCIAL STATEMENTS FLORIDA DEVELOPMENT FINANCE CORPORATION STATEMENT OF NET POSITION JUNE 30, 2017 ASSETS Current Assets: Cash Accounts receivable Total Current Assets Total Assets LIABILITIES Current Liabilities: Accounts payable Total Current Liabilities Total Liabilities NET POSITION Unrestricted Total Liabilities And Net Position $ 1,141,596 183,614 1,325,210 1,325,210 234,493 234,493 234,493 1,090,717 $ 1,325,210 See notes to financial statements. 7 FLORIDA DEVELOPMENT FINANCE CORPORATION STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION YEAR ENDED JUNE 30, 2017 Revenues Conduit debt issuance fees $ 495,415 All Aboard Florida reimbursement revenue 117,479 Total Revenues 612,894 Expenses General and administrative: Professional fees 328,400 Salaries and wages 317,988 Other 88,721 Program: PACE program expenses 254,359 FRED expenses 1,907 Total Expenses 991,375 Decrease in Net Position (378,481) Net Position, Beginning of Year 1,469,198 Net Position, End of Year $ 1,090,717 See notes to financial statements. 8 FLORIDA DEVELOPMENT FINANCE CORPORATION STATEMENT OF CASH FLOWS YEAR ENDED JUNE 30, 2017 Cash Flows From Operating Activities: Receipts from fees and expense reimbursements Payments to service providers Net Cash Used in Operating Activities Net Decrease in Cash Cash, Beginning of Year Cash, End of Year Reconciliation of Increase in Net Position to Net Cash Used in Operating Activities: Decrease in net position Adjustments to reconcile decrease in net position to net cash used in operating activities: Changes in: Accounts receivable Prepaid expenses Accounts payable Net Cash Used in Operating Activities $ 431,780 (865,314) (433,534) (433,534) 1,575,130 $ 1,141,596 $ (378,481) (181,114) 831 125,230 $ (433,534) See notes to financial statements. 9 FLORIDA DEVELOPMENT FINANCE CORPORATION NOTES TO FINANCIAL STATEMENTS YEAR ENDED JUNE 30, 2017 Note 1— Summary of Significant Accounting Policies A. Reporting Entity Florida Development Finance Corporation ("FDFC") is an independent entity constituted as a public instrumentality of local government, created to facilitate economic development in Florida by working in partnership with the Florida financial services industry and local development organizations to create access to competitive sources of finance for creditworthy borrowers and other firms contributing to job creation and the economic base of Florida. FDFC's bond programs can provide tax exempt and taxable financing to many types of businesses under state and federal regulations. This includes financing through private activity bonds for small, creditworthy manufacturers and 501(c)(3) not-for-profit corporations. FDFC is specifically formed pursuant to Florida Statutes, Chapter 288, Part X and all acts supplemental thereto and amendatory thereof. FDFC is governed by a five member board of directors, appointed by the Governor, subject to confirmation of the Senate. Each board member serves a term of four years. Whereas appointment by the Governor provides a related party relationship with the State of Florida, there are no conditions that allow the State of Florida to impose its will on FDFC. Accordingly, FDFC does not meet the criteria provided by the Governmental Accounting Standards Board for being a component unit of the State of Florida. The accompanying basic financial statements comply with the provisions of Governmental Accounting Standards Board ("GASB") Statement No. 14, as amended, The Financial Reporting Entity, in that the financial statements include all organizations, activities, and functions that comprise FDFC. Component units are legally separate entities for which FDFC (the primary entity) has financial accountability. Financial accountability is defined as the ability of the primary entity to appoint a voting majority of an organization's governing body and either (1) impose its will over the organization or (2) there is a potential that the organization will provide a specific financial benefit to, or impose a specific financial burden on the primary entity. Financial accountability may also arise if an organization is fiscally dependent on and has a fiscal benefit or burden relationship with the primary government. Using these criteria FDFC has no component units. B. Measurement Focus and Basis of Accounting FDFC is accounted for as an enterprise fund. The basic financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are reported when the liability is incurred, regardless of the timing of the related cash flows. FDFC financial statements have been prepared in accordance with accounting principles generally accepted in the United States of America, including application of all relevant GASB pronouncements. C. Administration FDFC is managed by its employees. FDFC contracts some administrative functions to the staff of Enterprise Florida, Inc. ("EFI"), a not-for-profit organization formed under Florida Statutes, Chapter 288, as a public-private partnership responsible for leading Florida's economic development. D. Deposits and Investments (a) Cash Deposits FDFC places its cash on deposit with financial institutions in the United States. The Federal Deposit Insurance Corporation (FDIC) covers $250,000 for substantially all depository accounts. From time to time, FDFC may have amounts on deposit in excess of the insured limits. As of June 30, 2017, FDFC had $891,596 10 FLORIDA DEVELOPMENT FINANCE CORPORATION NOTES TO FINANCIAL STATEMENTS YEAR ENDED JUNE 30, 2017 Note 1- Summary of Significant Accounting Policies (continued) on deposit which was in excess of these insured amounts. Management believes the associated risk is minimized by placing such assets with qualified public depositories. FDFC has not experienced any losses on such accounts. (b) Investments FDFC follows the investment policy of Florida Statute §218.415, which states that units of local government electing not to adopt a written investment policy may invest or reinvest any surplus public funds in their control or possession in (1) the Local Government Surplus Funds Trust Fund, or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act of 1969, (2) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency, (3) interest-bearing time deposits or savings accounts in qualified public depositories, and (4) direct obligations of the U.S. Treasury. E. Conduit Debt Issuance Fees Issuance fees paid by borrowers for conduit debt obligations are generally recognized as revenue in the period the bonds are issued; however, application fees are not refundable and are typically recognized when received. In addition, fees of $66,125 related to the All Aboard Florida program were recorded as revenue in fiscal 2017 prior to the issuance of the bonds, since these fees are a non-refundable advance of issuance fees. F. All Aboard Florida Reimbursement Revenues Revenues recognized as reimbursement for the All Aboard Florida project are recorded as related expenses are incurred. G. Use of Estimates The preparation of basic financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the basic financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. H. Income Taxes FDFC is a not-for-profit corporation and has been determined by the Internal Revenue Service to be a 501(c)(4) company exempt from taxes under Section 501(a) of the Internal Revenue Code. Accordingly, no provision has been made for income taxes. Note 2 - Conduit Debt In accordance with its mission and Chapter 288, Part X, Florida Statutes, FDFC has facilitated the issuance of debt obligations whereby FDFC is merely a conduit issuer of bonds issued on behalf of borrowers. These bonds do not constitute a general debt, liability or obligation of FDFC, the state, or any local government. Additionally, FDFC has assigned all rights to receive payments from the borrowers to the bond purchaser in all bond financing transactions, or assigned all rights to receive payments to a financial institution providing an irrevocable letter of credit which secures bondholders in typical credit enhanced transactions. Assigned payments are not included in the accompanying basic financial statements. 11 FLORIDA DEVELOPMENT FINANCE CORPORATION NOTES TO FINANCIAL STATEMENTS YEAR ENDED JUNE 30, 2017 Note 2 - Conduit Debt (continued) Changes in conduit debt outstanding for the year ended June 30, 2017 are as follows: 12 Balance at Balance at July 1, June 30, 2016 Additions Reductions 2017 1999 Series 65 Composite Investor, LLC $ 260,000 $ 60,000 $ 200.000 2000 Series A2 R . Smith Investments, LLC 550,000 120,000 430,000 2001 Series C1 Kelray Realty, Inc (Glaspro) 210,000 60,000 150,000 2002 Series B3 Air Technology Holdings, LLC 2,000,000 2,000,000 - 2002 Series C1 Triple Crown Trailers, Inc. 420,000 95,000 325,000 2002 Series C4 Serigraphics Arts, Inc. 330,000 45,000 285,000 2006 Series Al Florida Food Products, Inc. 1,450,000 1,450,000 - 2006 Series A Palm Bay Academy 5,130,000 5,130,000 - 2006 Series B Palm Bay Academy 430,000 430,000 - 2007 Series A Learning Gate 6,555,000 75,000 6,480,000 2007 Series A Palm Bay Academy 5,445,000 5,445,000 - 2007 Series B Learning Gate 75,000 75,000 - 2007 Series B Palm Bay Academy 420,000 420,000 - 2008 Series A Sculptor Charter School 4,625,000 75,000 4,550,000 2009 Series Center Court Properties, Inc. 1,665,000 85,000 1,580,000 2009 Series Airport Properties Partners, LLC 11,510,000 230,000 11,280,000 2010 Series DT Leasing, LLC 2,429,794 28,014 2,401,780 2010 Series Lake Eola Charter Schools Foundation, Inc. 1,594,799 76,006 1,518,793 2010 Series A&B Renaissance Charter Schools, Inc. 65,080,000 1,065,000 64,015,000 2011 Series A&B Renaissance Charter Schools, Inc. 86,135,000 1,190,000 84,945,000 2011 Series Aand Series B Bay Area Charter Foundation 36,135,000 1,035,000 35,100,000 2012 Series Sculptor Charter School 715,000 10,000 705,000 2012 Series A and Series B Montverde Academy 5,040,000 315,000 4,725,000 2012 Series Aand Series B Renaissance Charter Schools 57,060,000 820,000 56,240,000 2013 Series A&B Out of Door Academy, Inc. 18,400,000 500,187 17,899,813 2013 Series A&B Renaissance Charter School, Inc 79,150,000 1,015,000 78,135,000 2013 Series A OF Health -Jacksonville 64,240,000 1,750,000 62,490,000 2013 Series B OF Health -Jacksonville 53,535,000 3,145,000 50,390,000 2014 Series A Earnest Products, Inc. 2,325,000 2,325,000 - 2014 Series B Earnest Products, Inc. 3,624,900 3.624,900 - 2014 Series A Miami Arts, Inc. 30,000,000 30,000,000 2014 Series B Miami Arts, Inc. 4,275,000 480,000 3,795,000 2014 Series A&B Renaissance Charter Schools, Inc 52,505,000 1,030,000 51,475,000 2014 Series A Downtown Doral Charter School, Inc 21,505,000 21,505,000 2014 Series B Downtown Doral Charter School, Inc 320,000 320,000 2014 Series A&B FL Charter Educational Foundation, Inc 14,340,000 160,000 14,180,000 2014 Series A American Public Media Group 10,250,000 315,000 9,935,000 2015 Series A Tuscan Isle Property, LLC 41,850,000 41,850,000 2015 Series B Tuscan Isle Property, LLC 1,730,000 1,730,000 2015 Series A&B Divine Savior Lutheran Academy 30,000,000 404,875 29,595,125 2015 Series A&B Renaissance Charter Schools, Inc 95,978,000 1,868,000 94,110,000 2015 Series A&B OF Health- Jacksonville 85,000,000 85,000,000 2015 Series A Tuscan Isle Property, LLC 48,240,000 48,240,000 2015 Series B Tuscan Isle Property, LLC 2,930,000 2,930,000 2016 Cypress Point Living, LLC 25,950,000 25.950,000 2016 Series A The Pepin Academies $ 9,510,000 9,510,000 2016 Series B The Pepin Academies 2,655,000 2,655,000 2016 Series A Franklin Academy 50,625,000 50,625,000 2016 Series B Franklin Academy 195,000 195,000 2016 Series A The Pines School 7,200,000 7.056,123 143,877 2016 Series A&B Florida Charter Educational Foundation 41,270,000 125,000 41,145,000 2017 Series A&B Classical Preparatory, Inc. 10,275,000 60,000 10,215,000 2017 Series A Palm Bay Academy 7,265,000 7,265,000 2017 Series B Palm Bay Academy 735,000 735,000 2017 Series A&B Southwest Charter Foundation 40,850,000 40,850,000 $981,412,493 $170,580,000 $44,193,105 $1,107,799,387 ' Amount previously excluded from the schedule. " This is a draw -down bond, $25,950,000 was drawn from the available total balance of $27,350,000 previously presented. 12 FLORIDA DEVELOPMENT FINANCE CORPORATION NOTES TO FINANCIAL STATEMENTS YEAR ENDED JUNE 30, 2017 Note 3 - Related Party Transactions FDFC enters into bond financing transactions on behalf of borrowers with various financial institutions who have been approved by FDFC's Board of Directors. Certain Board members are affiliated with these financial institutions, which issue letters of credit that secure payment of the bonds. It is management's opinion that these transactions have been conducted at arm's length. 13 SUPPLEMENTARY REPORT OF INDEPENDENT AUDITOR %„'% Cherry Bekaert 400 Report of Independent Auditor on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards To the Board of Directors, Florida Development Finance Corporation: We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of Florida Development Finance Corporation ("FDFC") as of and for the year ended June 30, 2017 and the related notes to the financial statements, and have issued our report thereon dated October 6, 2017. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered FDFC's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of FDFC's internal control. Accordingly, we do not express an opinion on the effectiveness of FDFC's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weakness or significant deficiencies may exit that were not identified. We identified a deficiency in internal control over financial reporting, identified as Finding No. 2017-001 in the accompanying schedule of findings and responses, that we consider to be a material weakness. 14 Compliance and Other Matters As part of obtaining reasonable assurance about whether FDFC's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. FDFC's Response to Finding FDFC's response to the finding identified in our audit is described in the accompanying schedule of findings and responses. FDFC's response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Orlando, Florida October 6, 2017 15 FLORIDA DEVELOPMENT FINANCE CORPORATION SCHEDULE OF FINDINGS AND RESPONSES JUNE 30, 2017 ADMINISTRATIVE SERVICES Recording of transactions occurring near year-end in the proper period Finding No. 2017-001 Criteria: Transactions should be recorded in the financial statements in the proper period Condition: Revenue related to reimbursable expenses incurred during July 2017, in the amount of $45,000, was recorded as fiscal 2017 activity; this revenue should have been recorded in the same period as when the expenses were incurred. In addition, management fee related to the fourth quarter of fiscal year ending June 30, 2017 was not recorded until the subsequent year. Effect: Expense was understated by $19,000 and revenue was overstated by $45,000. Cause: The entry to record revenue related to reimbursable expense was entered after books and records were closed, and was not subjected to review. The fourth quarter management fee was recorded on a cash basis, whereas it should have been accrued at year-end. Recommendation: We recommend that all journal entries be subjected to review and approval, with particular attention provided to year-end accruals. Management's Response: An invoice was created in our accounting system for revenue related to reimbursable expenses incurred in fiscal year 2017. Prior to finalizing the invoice, the invoice was modified to include additional amounts that should have been recognized as revenue in fiscal year 2018, but was inadvertently recorded as revenue in fiscal year 2017. The invoice for the management fee for the fourth quarter of fiscal year 2017 was received at a later date and was recorded in fiscal year 2018 due to a misunderstanding of what period the services were for. In the future, we will confirm the fiscal year when transactions occurred and make sure that transactions are recorded in the proper period. 16 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for one-year extension of DOCKET NO. 20170212 -EI voluntary solar partnership rider and program, ORDER NO. PSC -2017 -0499 -TRF -EI by Florida Power & Light Company. ISSUED: December 29, 2017 The following Commissioners participated in the disposition of this matter: JULIE L BROWN, Chairman ART GRAHAM RONALD A. BRISE DONALD J. POLMANN GARY F. CLARK ORDER APPROVING VOLUNTARY SOLAR PARTNERSHIP EXTENSION BY THE COMMISSION: Background On October 2, 2017, Florida Power & Light Company (FPL) filed a petition for a one- year extension of its Voluntary Solar Partnership (VSP) program and associated tariff. The VSP program was first approved in Order No. PSC -14 -0468 -TRF -EI as a pilot program to terminate on December 31, 2017.' The VSP program offers all FPL customers an opportunity, for $9 per month, to participate voluntarily in a program designed to contribute to the construction and operation of solar photovoltaic generation facilities located in communities throughout FPL's service territory. Customers may enroll or cancel their enrollment at any time. FPL's proposed tariff revision, as shown in Attachment A to this order changes the termination date for service under the VSP program from December 31, 2017 to December 31, 2018. We have aproved similar community solar tariffs for Gulf Power Company and Duke Energy Florida, LLC. FPL waived the 60 -day file and suspend provision of Section 366.06(3), Florida Statutes, (F.S.). Commission staff issued a data request to FPL on October 9, 2017, for which a response was received on October 23, 2017. On November 27, 2017, FPL filed an amended response to Commission staff's first data request No. 2 to correct certain errors in the calculation. We have jurisdiction in this matter pursuant to Sections 366.05, 366.06, and 366.075, F.S. 'Order No. PSC -14 -0468 -TRF -El, issued August 29, 2014, in Docket No. 140070 -EI, In re: Petition for approval of voluntary solar partnership pilot program and tariff, by Florida Power & Light Companv. 2 Order No. PSC -16 -0119 -TRF -EG, issued March 21, 2016, in Docket No. 150248 -EG, In re: Petition for approval of community solar pilot program, by Gulf Power Company. 3 Order No. PSC -2017 -0451 -AS -EU, issued November 20, 2017, in Docket No. 20170183 -EI, In re: Application for limited proceeding to approve 2017 second revised and restated settlement agreement, including certain rate adiustments by Duke Energy Florida, LLC. ORDER NO. PSC -2017 -0499 -TRF -EI DOCKET NO. 20170212 -EI PAGE 2 Decision The VSP program was approved as a voluntary pilot program with customer enrollment beginning in January 2015. However, due to the time needed for FPL to complete billing system modifications, the billing of VSP program participants for the monthly $9 charge did not start until May 2015. A one-year extension of the VSP program tariff would provide FPL with the opportunity to gather additional data regarding the durability of customer interest over a more substantial period of time. The first 12 months of the VSP program experienced moderate participation growth, with 2,734 participants (residential and commercial) enrolled by April 2016. In July 2016, FPL implemented adjustments to improve the online enrollment process which resulted in an increase in participants to 11,994 by the end of 2016. As of August 31, 2017, 22,705 participants were enrolled in the VSP program. FPL stated that, on average, the monthly new enrollments have more than offset the number of participants who have elected to unsubscribe. The VSP program was designed for FPL to use the voluntary contributions to support the revenue requirement associated with constructing and operating the solar facilities so that non- participants are not required to subsidize the solar facilities. FPL stated in its amended response to Commission staffs first data request No. 2. that the voluntary contributions did not cover the revenue requirement in 2015; however, for 2016 and 2017 FPL showed that the revenues received under the VSP program are greater than the revenue requirement of the solar facilities. Thus, the net impact to all customers has been positive for 2016 and 2017. As discussed in Order No. PSC -14 -0468 -TRF -EI, FPL is sizing the solar projects based on the level of participation. FPL currently has 7 projects completed, 15 projects under construction, and 20 projects ready for construction. FPL stated that the completed and planned solar projects comprise a diverse set of assets, including ground -mount structures, rooftop installations, covered walkways, parking canopies, and interactive tree -like structures. Cnni-Iiicinn We agree with FPL, and find that a one-year extension of the tariff will allow FPL the opportunity to gather additional data regarding customer interest and the long-term viability of the VSP program. At the end of pilot program, FPL will petition this Commission regarding the future of the VSP program. FPL also stated that it is currently developing, for our approval within the next year, a new large scale solar program which would provide participants with direct credits on their electric bill associated with the blocks of solar -generated capacity purchased. Based on the foregoing, it is ORDERED by the Florida Public Service Commission Florida Power & Light Company's petition for a one-year extension of its Voluntary Solar Partnership program and associated tariff is hereby approved. It is further ORDER NO. PSC -2017 -0499 -TRF -EI DOCKET NO. 20170212 -EI PAGE 3 ORDERED that Attachment A to this Order is fully incorporated as set forth herein. It is further ORDERED that if a protest is filed within 21 days of issuance of the Order, the tariff shall remain in effect with any charges held subject to refund pending resolution of the protest. It is further ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance of a Consummating Order. By ORDER of the Florida Public Service Commission this 29th day of December, 2017. /s/ Hong Wang HONG WANG Chief Deputy Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. 114M Uy1 G3 ORDER NO. PSC -2017 -0499 -TRF -EI DOCKET NO. 20170212 -EI PAGE 4 NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The Commission's decision on this tariff is interim in nature and will become final, unless a person whose substantial interests are affected by the proposed action files a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on January 19, 2018. In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2017 -0499 -TRF -EI Attachment A DOCKET NO. 20170212 -EI PAGE 5 VOLUNTARY SOLAR PARTNERSHIP RIDER (OPTIONAL PILOT PROGRAM) RATE SCHEDULE: VSP AVAILABLE: In all territory served by FPL ("the Company") to customers receiving service under any FPL metered rate schedule. This voluntary solar partnership pilot program ("VSP Program", "the Pilot") provides customers an opportunity to participate in a program designed to construct and operate commercial -scale, distributed solar photovoltaic facilities located in communities throughout FPL's service territory. Service under this rider shall terminate December 31, 2018, unless extended by order of the Florida Public Service Commission ("FPSC"), or terminated earlier by the Company upon notice to the FPSC. APPLICATION: Available upon request to all customers in conjunction with the otherwise applicable metered rate schedule. LIMITATION OF SERVICE: Any customer under a metered rate schedule who has no delinquent balances with the Company is eligible to elect the VSP Program. A customer may terminate participation in the VSP Program at any time and may be terminated from the Pilot by the Company if the customer becomes subject to collection action on the customer's service account. CHARGES: Each voluntary participant shall agree to make a monthly contribution of $9.00, in addition to charges applied under the otherwise applicable metered rate schedule. Customer billing will start on the next scheduled billing date upon notification of service request. The VSP Program contribution will not be prorated if the billing period is for less than a full month. Upon participant's notice of termination, no VSP Program contribution will be assessed in the billing period in which participation is terminated. TERM OF SERVICE: Not less than one (1) billing period. SPECIAL PROVISIONS: Upon customer request, program participation may continue at a new service address if the customer moves within FPL's service territory. RULES AND REGULATIONS: Service under this rider is subject to orders of governmental bodies having jurisdiction and to the currently effective "General Rules and Regulations for Electric Service" on file with the Florida Public Service Commission. In case of conflict between any provisions of this schedule and said "General Rules and Regulations for Electric Service" the provisions of this rider shall apply. -/` D VE i? . ER c��G Office of the INDIAN RIVER COUNTY *Z ORID * ADMINISTRATOR FL Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: December 18, 2017 SUBJECT: Proof of Loss Statements Hurricane Matthew I am providing, for your information, the Proof of Loss Statement and Worksheets for Hurricane Matthew. The Proof of Loss document provides authorization for the insurers to make payment to Indian River County for insured losses as a result of Hurricane Matthew. The approved claim loss payment amount of $5,688,375.09 is subject to change if actual replacement costs differ from estimated replacement costs. Attachments: Sworn Statement in Proof of Loss Statement of Loss Worksheet Scheduled Locations Summary Report Miscellaneous Unnamed Locations Report Property in the Open Report SWORN STATEMENT IN PROOF OF LOSS $ $25,000,000.00 Primary Layer Amount of Policy at Time of Loss AD3739595AO05 Policy Number 05/01/16 -17 INSURANCE COMPANY AJG. Orlando, FI. Policy Effective Dates Agency and Location Chubb, Certain Underwriters at Lloyd's, London, Liberty International Underwriters and Markel / Evanston. By the above indicated policy of insurance you insured Indian River County Board of County Commissioners Against loss by: Hurricane Damage Upon property described according to the terms and conditions of said policy and all forms, endorsements, transfers and assignments attached thereto. Time and Origin: A Hurricane loss occurred about ------ O'clock ------ , on the 7th Day of October 2016 . The cause and origin of the said loss were: Hurricane Matthew struck the Florida East coast. Property involved in Claim: County /Municipal Occupancy: The building described, or containing the property described, was occupied at the time of loss as follows, and for no other purpose whatever: County Title and Interest: At the time of the loss the interest of your insured in the property described therein was Ownership No other person or entity had any interest therein or encumbrance thereon, except: Not applicable Changes: Since the above policy was issued there has been no change in title, use or possession of said property except: None The Total Insurance covering the described property including this policy and all other policies ( whether valid or not), binders or agreements to insure was at the time of loss $25,000,000.00 The Replacement Cost of said property at the time of loss Not Determined Full Cost of Repair or Replacement: $17,672,153.13 Applicable Depreciation: ( None ) _Actual Cash Value Loss X Replacement Cost Loss $17,672,153.13 Less Deductibles; Deductibles/ Limits applied per policy / Unit of Insurance (- $11,983,778.04 _Actual Cash Value Claim X Replacement Cost Claim $5,688,375.09 Supplemental Claim, to be filled in accordance with the terms and conditions of the Replacement Cost coverage within N/A days from date of loss will not exceed NA This loss did not originate by any act, design or procurement of the insured, or this subscriber; nothing has been done by or with the privity or consent of the insured or this subscriber to violate the conditions of the policy; no articles are mentioned herein or in annexed schedules but such as were in the building damaged or destroy, belonging to and in possession of the insured at the time of loss; no property saved has been concealed and no attempt to deceive the company has been made. Any other information that may be required will be furnished and considered a part of this proof. State of: Florida Countyof: INDIAN RIVER Subscribed and sworn to before me this Insured: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY: Notary Pubic Jason E. Brown, County Administrator Day of 20 Any person who knowingly and with intent to injure, defraud or deceive any insurance company flies a statement of claim containing any false, incomplete or misleading information is guilty of a felony of the third degree 2 vericlaim Insured: Indian River County Policy #: Per Schedule VCI File: TMP16028640 Hurricane Matthew Scheduled Locations -See attached Summary Sheet Claim atter application of the Deductibles per location and Limits per location Miscellaneous Unamed Locations - limit for this unit of Insurance - $2,500,000 See attached Summary Sheet (Beaches) Application of the Deductible to the Loss does not reduce the amount of recovery. Claim recovery is the limit ($2,500,000) Property in the Open - Limit for this unit of Insurance - $2,500,000 See attached Summary Sheet Application of the Deductible to the Loss does not reduce the amount of recovery. Claim recovery is the limit ($2,500,000) Loss and Claim Total Minimum deductiole requirements met ;$100,000) S.R. Jones R.G.A. STATEMENT OF LOSS LOSS CLAIM $1,371,985.63 $13,129,095.96 $688,375.09 $2,500,000,00 $3,171,071.54 $2,500,000.00 --------------------- --------------------- $17,672,153.13 $5,688,375.09 3 Indian River County Report Date - 11/09/2017 Scheduled Locations Claim Resolution Summary Station 6 101 Hwy AIA, Vero Beach $ 2,920.60 $ 496,613.00 $ 24,830.65 $ - Golden Sands (Restroom) 10350 N A1A, Vero Beach $ 16,208.09 $ 93,977.00 $ 4,698.85 $ 11,509.24 Station 8 1115 Barber St, Sebastian $ 19,404.21 $ 787,262.00 $ 39,363.10 $ - Tax Collector Office 11612 US Hwy 1, Sebastian $ 6,340.33 $ 94,095.00 $ 4,704.75 $ 1,635.58 Station 9 11640 US Hwy 1, Sebastian $ 2,749.42 $ 1,223,235.00 $ 61,161.75 $ - Dale Wimbrow Park 11805 Roseland Rd, Roseland $ 1,863.04 $ 68,087.00 $ 3,404.35 $ - Station 7 _ 1215 82nd Ave, Vero Beach $ 8,698.48 $ 444,338.00 $ 22,216.90 $ New Station 9 13550 Roseland Rd, Sebastian, FL $ 690.58 $ 1,693,710.00 $ 84,685.50 $ - Station 4 1500 9th Street SW, Vero Beach $ 556.92 $ 1,318,376.00 $ 65,918.80 $ - Intergenerational Recreation Facility 1590 9th Street W, Vero Beach, FL 32962 $ 20,976.48 $ 11,000,000.00 $ 550,000.00 $ Administration Building B 1800 27th Street, Vero Beach, FI $ 13,677.92 $ 14,058,839.00 $ 702,941.95 $ Administration Building A 180127th Street, Vero Beach, FI $ 40,627.28 $ 24,222,144.00 $ 1,211,107.20 $ - Wabasso Beach Park _ 1820 Wabasso Beach Rd, Vero Beach, FL $ 26,200.00 $ 156,825.00 $ 7,841.25 $ 18,358.75 Tax Collector Office (1) 1860 82 Ave, Vero Beach FL $ 19,277.59 $ 47,721.00 $ 2,386.05 $ 16,891.54 IRC Courthouse 2000 16th Ave, Vero Beach, FL 32960 $ 6,759.50 $ 25,789,349.00 $ 1,289,467.45 $ - Station 3 2900 43rd Ave, Vero Beach $ 14,672.16 $ 1,782,578.00 $ 89,128.90 $ - Station 2 3301 Bridge Plaza Dr, Vero Beach, FL $ 32,416.53 $ 1,632,026.00 $ 81,601.30 $ - Station 12 3620 49th St, Vero Beach, FI $ 644.85 $ 1,318,376.00 $ 65,918.80 $ - Utilities Operations Center 4350 41st StreetVero Beach, FL 32967 $ 1,821.10 $ 1,765,804.00 $ 88,290.20 $ Gifford Aquatic Center 4895 43rd Ave, Vero Beach, FL $ 5,135.65 $ 957,678.00 $ 47,883.90 $ - Communications Building 501 Rockridge Rd (16th St), Vero Beach $ 11,409.21 $ 107,722.00 $ 5,386.10 $ 6,023.11 Sandridge Golf Course 5300 73rd Street, Vero Beach, FL $ 12,318.59 $ 198,576.00 $ 9,928.80 $ 2,389.79 Hobart Park J� 5790 77th St, Vero Beach, FI $ 56,491.53 $ 40,411.00 $ 2,020.55 $ 40,411.00 _Jones Pier Residence _ 7770 Jungle Trail, Vero Beach, FL 32964 $ 69,565.48 $ 36,593.00 $ 1,829.65 $ 36,593.00 Indian River County Fairgrounds 7955 58th Ave, Vero Beach, FL 32967 $ 6,009.06 $ 1,761,668.00 $ 88,083.40 $ - Tracking Station 800 46th PI, Vero Beach, FI $ 13,500.00 $ 86,078.00 $ 4,303.90 $ 9,196.10 Modular Fire Station 15 9470 County Road 512, Sebastian, FI $ 1,230.00 $ 102,000.00 $ 5,100.00 $ - Unknown(1) �Unknown(2) 16th St & 20th Ave $ 34,675.50 $ 32,059.00 $ 1,602.95 $ 32,059.00 2200 S A1A, Vero Beach $ 14,292.29 $ 62,491.00 $ 3,124.55 $ 11,167.74 Golden Sands Beach Park v 10240 Hwy A1A, Vero Beach, FL $ 4,900.00 $ 188,190.00 $ 9,409.50 $ - Dodgertown 3901 26th St, Vero Beach, FL $ 68,164.92 $ 1,297,466.00 $ 64,873.30 $ 3,291.62 Station 13 !' 4440 4th Street, Vero Beach, FL $ 177,334.57 $ 459,000.00 $ 22,950.00 $ 154,384.57 R&B Complex Bldg A 4550 41st St, Vero Beach $ 14,747.20 $ 635,664.00 $ 31,783.20 $ - 4 Indian River County Report Date - 11/09/2017 Scheduled Locations Claim Resolution Summary Unknown (3) 6580 US Hwy 1, Vero Beach $ 422.09 $ 272,876.00 $ 13,643.80 $ - South County Regional Park 800 20th Ave SW, Vero Beach, FL $ 2,100.00 $ 90,827.00 $ 4,541.35 $ IRC Shooting Range 10455 102nd Terrace, Sebastian, FL $ 885.12 $ 253,618.00 $ 12,680.90 $ North County Ballfields 9450 CR 512, Vero Beach, FL $ 14,004.23 $ 939,695.00 $ 46,984.75 $ - Lift Stations Lift Stations $ 13,827.36 $ 12,412,000.00 $ 620,600.00 $ - Gifford Water Tower 4690 28th Court, Vero Beach, FL $ 29,820.11 $ 1,247,487.00 $ 62,374.35 $ - Roseland Water Tank 13431 US Highway 1, Sebastian, FL $ 81,393.47 $ 1,919,538.00 $ 95,976.90 $ - North Repump 8870 Jungle Trail, Vero Beach, FLI $ 2,655.04 $ 795,626.00 $ 39,781.30 $ - Ixora Warehouse^ 180 27th Ave SW, Vero Bch $ 86,254.36 $ 429,701.00 $ 21,485.05 $ 64,769.31 Indian River County Landfill 1325 74th Ave SW, Vero Beach, FI $ 350.00 $ 153,689.00 $ 7,684.45 $ - 1325 74th Ave SW, Vero Beach, FL $ 25,734.03 $ 153,689.00 $ 7,684.45 $ 18,049.58 Indian River County Landfill 1325 74th Ave SW, Vero Beach, FL $ 889.00 $ 153,689.00 $ 7,684.45 $ - South County WWTP J_ 6th Ave SW, Vero Beach, FL $ 13,446.00 $ 122,512.00 $ 6,125.60 $ 7,320.40 Sea Oaks WWTP 8700 Hwy AlA, Vero Beach, FI $ 3,600.00 $ 220,320.00 $ 11,016.00 $ - West WWTP 8405 8th St, Vero Beach, FL $ 12,888.00 $ 812,354.00 $ 40,617.70 $ Central WWTP 3550 49th Street, Vero Beach, FL $ 1,959.90 $ 677,484.00 $ 33,874.20 $ - South County Water Plant 1550 9th St SW, Vero Beach, FI $ 318,570.76 $ 1,284,920.00 $ 64,246.00 $ 254,324.76 North County Water Plant 7751 58th AvenueVero Beach, FI 32963 $ 27,545.00 $ 2,898,126.00 $ 144,906.30 $ - Elevation Tank 5850 College Lane, Vero Beach, FL $ 9,362.09 $ 2,032,452.00 $ 101,622.60 $ - Grand Total $ 1,371,985.63 $ 6,211,061.03 $ 310,553.05 $ 688,375.09 5 2 Indian River County Miscellaneous Unnamed Locations 11/09/2017 CB&I Coastal Planning and 6,873.00 Engineering, Inc. CB&I Coastal Planning and 12,483.00 Engineering, Inc. CB&I Coastal Planning and 6,688.00 Engineering, Inc. 12,850,000.00 TBD 31,500.00 Morgan & Eklund CB&I Coastal Planning and 1,980.00 Engineering, Inc. Guettler Brothers, 217,450.00 Inc. TC Palm and Clerk Provide volumetric changes for the sector 3 of Courts G. Parks, County project area in support of FEMA project 2,000.00 Recreation and Engineered worksheet coordination and per FEMA Fact Public Works Other Beaches Sheet 9580.8 $ 125,000.00 Provide volumetric changes for the sector 5 G. Parks, County project area in support of FEMA project Recreation and Engineered worksheet coordination and per FEMA Fact Public Works Other Beaches Sheet 9580.8 $ Provide volumetric changes for the sector 7 G. Parks, County project area in support of FEMA project Recreation and Engineered worksheet coordination and per FEMA Fact Public Works Other Beaches Sheet 9580.8 $ Loss of sand at county engineered beaches due to wave action resulting from Hurricane Matthew. Sectors 1 & 2: $1, 200,000; Sector 3: $4,500,000; (inc. primary dune impact) G. Parks, County Sector 5: $2,150,000; Recreation and Engineered Sector 7: $5,000,000; Public Works Other Beaches Total: $12.85 Million $ G. Parks, County Recreation and Engineered Beach surveys to determine damage at Public Works Other Beaches County engineered beaches. $ G. Parks, County Recreation and Engineered Work Order #14; Sector 7 volumetric change Public Works Other Beaches assessment for FEMA $ G. Parks, County Recreation and Engineered Public Works Other Beaches Emergency dune stabilization project. $ G. Parks, County Recreation and Engineered Miscellaneous Beach related expenses: Ad Public Works Other Beaches requesting bids and recording fees. $ G. Parks, County Recreation and Engineered Public Works Other Beaches Scissor lift for beach work. $ Total Amount Paid $ Total Insured Value $ Deductible $ Recovered Amount $ 11/09/2017 CB&I Coastal Planning and 6,873.00 Engineering, Inc. CB&I Coastal Planning and 12,483.00 Engineering, Inc. CB&I Coastal Planning and 6,688.00 Engineering, Inc. 12,850,000.00 TBD 31,500.00 Morgan & Eklund CB&I Coastal Planning and 1,980.00 Engineering, Inc. Guettler Brothers, 217,450.00 Inc. 2,500,000.00 T TC Palm and Clerk 121.96 of Courts Parks Rental and 2,000.00 Sales Inc. 13,129,095.96 2, 500, 000.00 125,000.00 2,500,000.00 T Indian River County 11/09/2017 Property in the Open Installed at 3locati.- 17th St. and 10th Ave., 74th Ave. and SR 60, and Royal Palm Public Works C. Roads and Bridges @Indian River Boulevard. Property in the Open PubliC Works C. Roads and Bridges 180127th 5t, Vero Beach, FL 32960 Property In the Open Merrill Barber Bridge span crosses intra ti—I waterway (Indian River Blvd. - Public Works C. Roads and Bridges Beachland Blvd.). Property In the Open Public Works C. Roadsand Bridges Wabasso Fishing Pier Propertyin the Open Econolite Con - Station 2 Traffic control cabinets $ 51,400.00 Products Inc. Administration Public Works C. Roads and Bridges Indian River Blvd. and Royal Palm Blvd. Property in the Open Station Miscellaneous signal repairs. $ 11,150.00 C—ols, Inc. Station 2 Matthew. $ 32,416.53 Controls, Inc. Permanent repair of traffic signal for $10,960 ata key $ 3,019,135.01 IRC InterseRion at 58th Avenue $ 3,171,071.54 —ion (58th Avenue and Route 60)t, promote safe $ 2,500,000.00 Gerelc. Traffic Public Works C. Roadsand Bridges and Route 60 Property in the Open Elevation Tank traffic Rows n Indian River County after Hurncane Matthew. $ 43,982.60 Controls, Inc. Administration Transportation Public Works C. Roads and Bndges 180127th St, Vero Beach, FL 32960 Property in the Open Building A Signal heads $ 3,446.00 Control Systems Installed at US 1 /Roseland and SR 60 and Administration Econolite Control Public Works C. Roads and Bridges 43rd Avenue. Property in the Open BuildingA Autosc.peE... re MVP Sensor with Easy lock Connector $ ],920.00 Produtts Inco Installed at 3locati.- 17th St. and 10th Ave., 74th Ave. and SR 60, and Royal Palm Public Works C. Roads and Bridges @Indian River Boulevard. Property in the Open PubliC Works C. Roads and Bridges 180127th 5t, Vero Beach, FL 32960 Property In the Open Merrill Barber Bridge span crosses intra ti—I waterway (Indian River Blvd. - Public Works C. Roads and Bridges Beachland Blvd.). Property In the Open Public Works C. Roadsand Bridges Wabasso Fishing Pier Propertyin the Open Econolite Con - Station 2 Traffic control cabinets $ 51,400.00 Products Inc. Administration BuildingA Batteries to operate temp orary signals at various Int ...a , $ 1,621.40 Straight Oak, LLC. Bridge hazard w,ming light destroyed during Humirane Gerelco Traffic Station 2 Matthew. $ 32,416.53 Controls, Inc. Wabasso Fishing Pier Repair of damages to the Wabasso Fishing Pier $ 3,019,135.01 IRC ' Total Amount Paid $ 3,171,071.54 Total Insured Value $ 2,500,000.00 Deductible $ 125,000.00 Recovered Amount $ 2,500,000.00 7 INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: December 28, 2017 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 12/28/17. ATTACHED: • All Aboard Fl. expenses through 12/28/17 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 12/28/17 spreadsheet. E All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 autorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 12/19/2017 McDermot,Will & Emery LLP $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $20,089.56 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legasl Services -Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 Fees for Legal Services -Aug 2017 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services -June 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services -Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9 All Aboard Florida Expenses Indian River County 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie, Indian River, and Martin Counties $6,875.00 Rail Crossing Analysis Acct#00110214-033190-15023 Other Professional Services 4/28/2017 Martin County 50% reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consulants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Subtotal Expenses FY 16/17 $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dyland Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 10 All Aboard Florida Expenses Indian River County Acct#11124319-033190 Acct#00110111-034020-15023 7/02/15 CDM Smith Inc All Travel 9/30/2017 Delta Air $191.80 $2,122.50 Work Order 10 EIS 9/30/2017 American Airlines $193.20 $6,585.80 Work Order 13 Noise Monitoring 9/30/2017 Jet Blue $168.20 $1,937.00 Work Order 13 Noise Monitoring 9/30/2017 Jet Blue $25.00 $4,135.00 Work Order 10 EIS 9/30/2017 Bob Solari -travel to Washington DC $869.98 with OMB,Senator & Congressman & FDOT Acct#00110214-034020-15023 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $3,029.76 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P -Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 17/18 $20,089.56 Total Expenses 16/17 $223,471.97 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 12/28/17 $2,314,466.09 Total Board authorized budget for FY 17/18 (rollover) $592,544.00 Total Board authorized budget for FY 16/17 $816,015.00 Total Board authorized budget for FY 15/16 $870,868.00 Total Board authorized budget for FY 14/15 $1,154,212.00 Total Board authorized budget for FY 13/14 $45,826.00 Total budgeted 13/14-17/18 $2,886,921.00 Remaining Balance $572,454.91 11 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman $880.00 Subtotal Expenses FY 16/17 $880.00 9/30/2016 Berger Singerman $1,072.50 9/20/2016 Berger Singerman $632.50 8/16/2016 Berger Singerman $275.00 7/19/2016 Berger Singerman $275.00 6/14/2016 Berger Singerman $605.00 5/24/2016 Berger Singerman $495.00 5/4/2016 Berger Singerman $1,650.00 2/9/2016 Berger Singerman $1,265.00 1/20/2016 Berger Singerman $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting & Video $457.75 11/17/2015 Berger Singerman $2,172.50 Subtotal Expenses FY 15/16 $35,712.75 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 $180,738.02 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 12 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Other Prof. Services /Legal Advertising $4,090.00 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 3/16/2016 Dylan Reingold-FL Senate Committee mtg Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 $437.53 Subtotal Expenses FY 13/14 $176.28 Travel 12/19/2017 Tim Zorc-FMPA meeting -Orlando $100.71 Subtotal Expenses FY 17/18 $100.71 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 13 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Total expenses FY 17/18 $100.71 Total expenses FY 16/17 $880.00 Total expenses FY 15/16 $69,888.77 Total expenses FY 14/15 $206,300.11 Total expenses FY 13/14 $58,849.99 Total expenses processed as of 12/28/17 $336,019.50-11 Budget Authorization 10/1/2017 FY 17/18 Budget 10/1/2016 FY 16/17 Budget 10/1/2015 FY 15/16 Budget 9/15/2015 Legal Services Budget $68,909.00 $69,789.00 $69,889.00 $35,150.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $404,828.00 Remaining Balance $68,808.42 14 JEFFREY R. SMITH, CPA, CGFO.) CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27,h Street Vero Beach, Fl. 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: FILISSA NAGY. FINANCF DIREC'FOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: December 14. 2017 SUBJECT: APPROVAL Of: CIIEICKS AND ELECTRONIC PAN'�ILNTS December 8. 2017 to December 14, 2017 In compliance with Chapter 136.06, Florida Statutes. all checks and electronic pa\ rnents issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of December 8. 2017 to December 14, 2017, 15 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 361337 12/14/2017 SUNCOAST WELDING SUPPLIES INC 162.66 361338 12/14!2017 COMMUNICATIONS INTERNATIONAL 30,000.00 361339 12/14/2017 COMMUNICATIONS INTERNATIONAL. 274,134.65 361340 12/14/2017 TEN -8 FIRE EQUIPMENT INC 1,980.00 361341 12/14,2017 PERERS ENTERPRISES INC 3,767.83 361342 12!14'2017 VELDE FORD INC 293.13 361343 Ill 4;'2017 AT&"T WIRELESS 573.17 361344 12%14;2017 PARALEE COMPANY INC 500.00 361345 I ll4/2017 DELTA SUPPLY CO 57.38 361346 121412017 E -Z_ BREW COFFEE & BOTTLE WATER SVC 27.50 361347 12! 14!2017 MCMASTER CARR SUPPLY CO 70.23 361348 12"14.2017 AMERIGAS EAGLE PROPANE LP 420.21 361349 12114'2017 AMERIGAS EAGLE PROPANE LP 795.24 361350 12/14,'2017 HACH CO 1,481.00 361351 1264/2017 LFI FORT PIERCE INC 993.60 361352 12114/2017 LFI FORT PIERCE INC 2,797.09 361353 12114'2017 BOUND TREE MEDICAL LLC 1,817.15 361354 12/14/2017 ECOTECH CONSULTANTS INC 4.495.00 361355 12/14/2017 TIRESOLES OF BROWARD INC 4.251.36 361356 12/14!2017 BARTH CONSTRUCTION INC 183,179.40 361357 1211412017 AMERICAN WATER CHEMICALS INC 1,598.00 361358 12/14'2017 THE GOODYEAR TIRE & RUBBER COMPANY 6.235.84 361359 12642017 BLAKESLEE SERVICES INC 695.00 361360 12`1412017 BAKER & TAYLOR INC 3,621.11 361361 12;`14'2017 NORTHERN SAFETY CO INC. 1.892.00 361362 12/14'2017 FATHER & SON CARPET LLC 718.05 361363 12!14'2017 HUDSON PUMP& EQUIPMENT 1.216.00 361364 1264'2017 BAKER DISTRIBUTING CO LLC 31.64 361365 12142017 ATKINS NORTH AMERICA INC 16,919.25 361366 12`14!2017 PALM TRUCK CENTERS INC 696.08 361367 12114/2017 StJNSHINE REHABILATION CENTER OF IRC INC 75.00 361368 12/142017 LINDSEY GARDENS LTD 583.00 361369 12/14/2017 CLERK OF CIRCUIT COUR1' 210.40 361370 12/14'2017 CLERK OF CIRCUIT COURT 1.739.92 361 371 12//14/2017 CITY OF VERO BEACH 63,993.32 361372 12;14/2017 CHAPTER 13 TRUSTEE 201.08 361373 121/14,12017 INDIAN RIVER ALL FA13 INC 132.09 361374 12/14/2017 UNITED PARCEL. SERVICE INC 86.49 361375 1264'2017 FERGUSON ENTERPRISES INC 675.00 361376 121"14,2017 FERGUSON ENTERPRISES INC 39299 361377 12/'14;`2017 EBSCO INDUSTRIES INC 5.437.221 361378 12!14/2017 FLORIDA GOVERNMENT FINANCE 54.00 361379 12/142017 TRAFFICWARE LLC 9,623.15 361380 12/14/2017 PUBLIX SUPERMARKETS 66.90 361381 1114/2017 ACUSHNET COMPANY 201.12 361382 12/14`2017 INTERNATIONAL GOLF MAINTENANCE INC 990.00 361383 12642017 DEANGELO BROTHERS INC 776.00 361384 12/14!2017 FEDERAL EXPRESS CORP 84.78 361385 12/14/2017 ELIZABETH MARTIN 97.01 361386 12/14/2017 TIMOTHY ROSE CONTRACTING INC 166.556.84 361387 Ill 4/20 17 TRAFFIC PARTS INC 3,344.2 5 361388 1211412017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 9,109.78 361389 1264'2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 9,470.60 361390 12'14;2017 FLORIDA POWER AND LIGHT 45,203.12 361391 12,/14/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC: 7,561.92 361392 12;'14;2017 CITY OF FELLSMERE 244.40 361393 12!1412017 NEW 14ORIZONS OF THE TREASURE COAST 25,127.50 361394 1214/2017 MEDICARE PART B FINANCIAL SERVICES 1,273.09 16 TRANS NRR DATE VENDOR AMOUNT 361395 12;14/2017 TOCOMA RUBBER STAMP & MARKING SYSTEM 152.14 361396 12/14/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 5,250.00 361397 121114;2017 TRICARE 422.14 361398 121/142017 CHANNING BETE CO INC 109.45 361399 1214'2017 UNITED HEALTH CARE INS COMPANY 361.72 361400 12/14/2017 KURT STEFFEN 30.00 361401 12/14:2017 PITNEY BOWES INC 7.67 361402 12/14/2017 HEALTH FIRST INS CO 228.61 361403 12%14'2017 CHIL,DRENS HOME SOCIETY OF FL 2.000.00 361404 1214,2017 KEEP INDIAN RIVER BEAUTIFUL INC 7.594.70 361405 12;14'2017 BLUE CROSS BLUE SHIELD 950.30 361406 12/14/2017 BLUE CROSS BLUE SHIELD 235.48 361407 12/1412017 JAMES 11ARGREAVES 130.00 361408 12114/2017 TRANE US INC 9375.92 361409 121/1412017 CELICO PARFNERSHIP 3,617.10 361410 121/1412017 ANIXFER INC 645.00 361411 12/14/2017 VAN WAL INC 180.00 361412 12%1412017 FLINT TRADING INC 1,971.68 361413 12/14x'2017 BENTLEY SYSTEMS INC 4,125.00 361414 12/14/2017 FLORIDA RURAL LEGAL SERVICES INC 2.392.21 361415 12114,2017 MARY L MURRAY 286.23 361416 12f 14,2017 BERARDI, JAMES & ELIZABETH 398.20 361417 12/14.2017 MBV ENGINEERING INC 2,900.00 361418 12/14'2017 KEITH D MILLER 72.93 361419 12i 14:'2017 MASTEL.LER & MOLER INC 3?79.00 361420 1214'2017 ETR LLC 783.01 361421 12114'2017 GLOVER 011, COMPANY INC: 6,025.33 361422 1214;'2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 281.23 361423 12:142017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 285.04 361424 12114;2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 159.05 361425 111412017 CAROLE J MADIGAN 1.876.00 361426 12,14/2017 ARDAMAN & ASSOCIATES INC 408.00 361427 12 14`2017 MICHAEL. W EIRLS 1,300.00 361428 12/ 14x'2017 PETER OBRYAN 14.69 361429 12,,14'2017 PAK MAIL 241.28 361430 12/14'2017 ALL, PRO PAINT & BODY INC 2.58273 361431 12,14'2017 01110 CHILD SUPPORT 158.27 361432 12/1412017 DYNAMIC AIR QUALITY & COOLING INC: 130.00 361433 12;14'2017 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 160.00 361434 12114'2017 LANGE, HANS & CAROL 135.00 361435 12114/2017 TREASURE COAST FOOD BANK INC 214.02 361436 12i 14'2017 MARINCO BIOASSAY LABORATORY INC 2,600.00 361437 12/142017 HLP, INC. 4,080.00 361438 12/1421017 FLE ETBOSS G P S INC. 25.517.40 361439 12142017 K'S COMMERCIAL CLEANING 660.00 361440 12: 142017 NICOLACE MARKETING INC 3.386.53 361441 1214x2017 TERESA PUL1DO 270.00 3614.12 12: 14`2017 WINSUPPLY OF VERO BEACH 847.97 361443 12,14!2017 FLORIDA MEDICAID 648.62 361444 1214'2017 LAZENBY & ASSOCIATES INC 298.24 361445 12;1412017 LARIAT ENTERPRISES INC 474.73 361446 1214x2017 TREASURE COAST SWIMMING LLC 1.500.00 361447 12014;2017 ATLANTIC COASTAL LAND TITLE CO LL -C 150.00 361448 1214%2017 ECMC 266.13 361449 1214'2017 CIT FINANCE LLC 186.21 361450 12%14'2017 REHMANN GROUP LLC 36.000.00 361451 12'142017 LOWES HOME CENTERS INC 914.92 361452 12142017 MUNICIPAL EMERGENCY SERVICES INC 1.811.15 361453 12='14x2017 BURNETT LIME CO INC 12,853.40 361454 12'14'2017 COMMONWEALTH OF MASS 97.20 17 TkANS NBR DATE VENDOR Ah1OUNT 361455 12'14,2017 PENGUIN RANDOM HOUSE LLC 521.10 361456 12!14.2017 STRAIGI ITOAK LLC 225.90 361457 12%142017 CHEMTRADE CHEMICALS CORPORIAFION "71.35 361458 12.'142017 DYLAN REINGOLD 149.52 361459 12 142017 LATE P COTNER 138.84 361460 13 142017 FAMILY SUPPORT REGISTRY 156.45 361461 12 1.4.2017 REI ENGINEERS INC 3,72-0.00 361462 12 14^_017 PAIGE. LE:SI E R 31- .�7 _. 361463 12 14 2017 BERNARD E(JAN R COMPANY 5.633.90 36146.1 12,14 2017 GALINA M CHAMBERLAIN 404.54 361465 12r 141 2017 PIERC'E•: GOODWIN ALEXANDER & LINVILLE INC 1,574.50 361466 12114'2017 LANGEIAM CONSUI:TING SERVICES INC 15.405.00 361467 12 14'2017 FLORIDA ASSOCIATION OF EMS 300.00 361468 12'142017 SYLIVIA MILLER 721.00 361469 12 14 20 17 ANFIELD CONSULTING GROUP INC 10.000.00 361470 12 14 2017 PRESTIGE IIFALTEI CHOICE 163.87 361471 12 14 2017 ENCORE. ONE: LLC 2.271.86 361472 12 142017 JAMES BROX FON 250.00 361473 12 142017 MOLINA HEALTHCARE MEDICAID 136.00 361474 12142017 INDIAN RIVER LACROSSE ASSOCIATION INC 2.000.00 361475 12114,12017 CATHEDRAL CORPORATION 2,992.55 361476 12,14 2017 GRALL LAW GROUP 507.220 361477 12 142017 GCA PROPERTIES LLC 500.00 361478 12 14 '017 E'NIFIRS F CORPORATION 970.36 361479 12 1-4'2017 SERVICE: LIGHTING K EITCT RICA1. SUPPLIES INC 689.44 361480 I' 14 2017 CDA SOLVE IONS INC 125.00 361481 12'14 2017 WILSON SPORTING GOODS CO 1.631.34 361482 12 142017 SUNSHINE: HEALTH PLAN MEDICAID 1,292.72 361483 12142017 SCIITIMACHF.R AUTOMOTIVE DFLRAY LLC 482.00 361484 12X14'2017 NORTH AMERICAN OFFICE SOLUTIONS INC 25.00 361485 12,14,'20 17 V,ZL-1NKS GOLF LL_C 300.00 361486 12 142017 ENDRESS & HAUSER INC 500.17 361487 12 1-1 2017 DOCKSIDE BUILDERS OF SF.BAS I IAN INC 100.00 361488 12 14 2017 COVERALL. NORTH AMERICA INC '.015.00 361489 12 14 20 17 MAGELLAN COMPLETE- MEDICAID 90.35 361490 12 142017 MATHESON] Rl-GAS INC 7.883.85 361491 12 14'2017 PEOPLE, READY INC 2,063.80 361492 12'142017 STRIVING 4 SUCCESS 5.100.00 361493 121412017 COLL; AUTO SUPPLY INC 1,492.41 361494 13!14.'2017 MARISA ALEXANDER 268.00 361495 1214 2017 CANON FINANCIAL SERVICES INC 24-1.85 361496 1_'14'2017 DANBRANLEYLLC 100.00 361497 12 14 2017 SAW Jd, [It NI I:R 186.67 361498 12 142017 ALLAN D KE.L.LERMAN 10.500.00 361499 12 14 2017 ALEXANDRA APOS'FOLIDFS 12.00 361500 12 1-1-2017 COREA, MAIN LP 163.48 361501 12'142017 WELL MED 223.63 361502 121412017 ADVANTAGE GOLF CARS INC.' 281.94 361503 12'142017 SOL[: SISFE:RS SHOES LLC 584.80 36l %4 121.4 '017 WOFRNF:R AGRIBUSINESS I J_C 233.00 361505 12 14 '017 Of FO LENKE. 595.00 361506 12 1.4 2017 KAREN SIT ARS 35.00 361507 13 142017 MARIAN YOVSSIT 35.00 361508 1' 14 2017 BADDOCK INV ESTMEN IS INC 400.00 361509 1214 2017 KEN ck. I IIFRF SA LYONS 3_'5.00 361510 12'142017 PRISC'ILLA M LERCH 95.30 361511 12:142017 LOIS JADWIN 97.34 361512 12"142017 LENDA S GILLESPIE 81.78 361513 12:'14'2017 KAYE 1,1:WIS 500.00 361514 12 14 2017 JASON LANDER 55.00 TRANS NBR DATE VENDOR AMOUNT 361515 12/14!2017 HARDA LANGHEINEKEN 94.87 361516 12114`2017 BLANCHE FICKEN 92.24 361517 1.2/14,`2017 SUSAN SUTTER 205.00 361518 12/14/2017 JUDY A CLARK 25.00 361519 12114/2017 BARBARA M BROOKS 87.72 361520 12/14/2017 EDNA KELLY 9997 361521 1214/2017 ALDO B SCARLATTA 97.64 361522 12'14/2017 ELIZABETH M WALKER 98.22 361523 1214;2017 UTIL REFUNDS 69.02 361524 1214/2017 UTIL REFUNDS 39.72 361525 12`14/2017 UTIL REFUNDS 39.47 361526 121/14'2017 UTIL REFUNDS 77.53 361527 12/1412017 UTIL. REFUNDS 83.21 361528 12114/2017 UTIL REFUNDS 64.99 361529 12!14/2017 UTIL REFUNDS 61.21 361530 12/14/2017 UTIL REFUNDS 137.07 361531 12/14/2017 UTIL. REFUNDS 222.03 361532 12/14/2017 UTIL REFUNDS 336.50 361533 12114!2017 UTIL REFUNDS 69.02 361.534 12/14/2017 UTIL REFUNDS 142.91 361535 12%1412017 DTII. REFUNDS 72.35 361536 11,14/2017 UTIL REFUNDS 18.38 361537 1211412017 LJTII_ REFUNDS 38.63 361538 1214/2017 UTIL REFUNDS 4.65 361.539 12/14?2017 UTIL. REFUNDS 336.50 361540 1114/2017 U'Fll_ REFUNDS 23.98 361541 12,14/2017 UTIL REFUNDS 88.90 361.542 121/141,2017 UTIL. REFUNDS 124.75 361543 12/141!2017 UTIL. REFUNDS 36.70 361544 12,'l 4/20 17 UTIL REFUNDS 11.58 361545 1114%2017 UTIL REFUNDS 24.31 361546 12/ 1412017 UTIL REFUNDS 154.35 361547 12114/2017 UTIL REFUNDS 65.84 361548 12/14/2017 UTIL REFUNDS 59.87 361549 12!142017 UTIL REFUNDS 14.58 361550 12,'14,2017 UTIL REFUNDS 78.64 361551 12/142017 UTIL REFUNDS 154 361552 12//14/2017 UTIL REFUNDS 86.22 361553 12/14/2017 UTIL REFUNDS 79.44 361554 12/14/2017 UTIL REFUNDS 119.88 361555 12114/2017 UTIL REFUNDS 32.98 361556 1214 2017 UTIL REFUNDS 39.44 361557 12/14;2017 UTIL REFUNDS 36.70 361558 12/14/2017 UTIL REFUNDS 55.06 361559 12'14/2017 U"CIL REFUNDS 12.12 361560 12/142'2017 UTIL REFUNDS 64.53 361561 12114'2017 UTIL REFUNDS 52.47 361562 12/14./2017 UTIL REFUNDS 32.87 361563 121/ 14'2017 UTIL REFUNDS 23.83 361564 12114`2017 UTIL REFUNDS 50.95 361565 12%14'2017 UTIL REFUNDS 298.84 361566 12'14'2017 UTIL REFUNDS 37.92 361567 12/14/2017 DENNIS LOVE 200.00 361568 12%1412017 RALPH SANTORO 3,099.78 Grand Total: 1,150,558.16 19 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR .AMOUNT 1012491 121,'08"2017 AF&T 13,785.89 1012492 12'08`2017 OFFICE DFPOI' BSD CUSTOMER SVC 2.889.83 1012493 1208 2017 'WASTE MANAGEMENT INC 3,700 28 1012494 12082017 COINICAST 159.75 1012495 12'08'2017 T -MOBILE: 11SA INC 344.25 1012496 12 14r2017 SSSS INC 916.59 1012497 12 14`2017 COPYCO INC 210.08 1012498 12 14'2017 RING POWER CORPORATION 982.40 1012499 12/141•`2017 WORLD INDUS'lR.IAL EQUIPMEN F INC 4,199.45 1012500 12'1=12017 SOUTHERN COMPUTER WARFHOIISF 232.43 1012501 12514/2017 TOTAI. "TRUCK PARTS INC 589.87 1012502 12: 14'2017 PRIDE, ENTERPRISES 219.75 1012503 1-' 142017 CICAI. CO SHRIFVI: HEM 4.820.07 1012504 12 142017 RECH HEN INTERNATIONAL TRUCKS L 197.92 1012505 12 142017 SotIH1I:RN JANITOR SUPPLY INC 3.685.97 1012506 12 1-12017 DISPOSAL INC 765.00 1012507 12°'1=1%2017 RADWI=T.I. INTERNAFIONAI, INC 112.68 1012508 121' 14-2017 WRFGI I F FASTENER COMPANY I.I..0 174.00 1012509 12114'2017 PACT: ANALY HCAL SERVICES INC 7,652.50 1012510 12'14 2017 ALLIED DIVERSIFIED OF VFRO BEACH I.LC 45.00 Crand Total: 46983.71 20 ELECTRONIC: PAYMENTS - WIRE & ACH TRANS NBR DA'Z'E VENDOR AMOUNT 5596 12108'2017 WRIGHT EXPRESS FSC 20.537.55 5597 120'W2017 KIMLEY IIORN & ASSOC INC 61.429.88 5598 12 08,2017 CDM SMITH INC 256.689.80 5599 1208 2017 VETERANS COUNCIL OF I R C 6'67.74 5600 1208%2017 VEROTOWN IJLC 14.649.43 5601 12 11.`2017 1RSTAYR0I,L TAXES 13,+89.97 5602 12,12 2017 FLORIDA DEPARTMENT OF RIVE NI'F: '.11_155 5603 12: 1' 2017 FLORIDA DEPARTMENT' OE. RFVI':NUE: 3.035.07 5604 121,112017 FLORIDA DEPARTMENT OF REVENUE 2.240.8.1 5605 1112/2017 FLORIDA DEPARTMENT OF' REVENUE 19,560.04 5606 12`1 3`2017 INDIAN RIVER COUNTY PROP[-;R'FY APPRAISER 7,777.00 5607 12 13 2017 ATLANTIC COAS FAL LAND IITLF: CO LLC 48.005 25 5608 12 14°2017 TOTAL°ADMINISIRATIVESERVIC'E-SCORP 10.069.17 grand Total: 465,764.29 21 JEFFREY R. SMITH, CPA, CGFO, CDMA Clerk of Circuit Court &-, Comptroller Finance Department 1801 27" Street Vero Beach, FL 32960 TO: I IONORABL.F'BOARD OF COUNTY' CO.M.MISSIONT'IRS FROM: FILISSA NAGY, FINANCE DIRECTOIZ JEFFREY R. SMITI 1. CUMPTROLLER DATE: December 21, 2017 SLI'BJECT: APPROVAL Ol-('111:(KS AND El,l,'("I'RoNl('f)AN.,\,�l[:N'I S December 15. 2017 to December —'? 1, 2017 In compliance �� ith Chapter 136.06. Florida Statutes, all checks and electronic payments issued by the Board ot'(.ountN Commissioners are to be recorded in the Board minutes. Approval is requested lor the attached lists of checks and electronic payments, issued by the Comptroller's oft -ice, for the time period ot'December 15, 2017 to December 21, 2017. 22 CIIE:CKS ISSUED TRANS NBR DATE VENDOR AMOUNT 361569 12119%2017 LARRY STEVE MANGRUM 75.00 361570 12%20%2017 POR"T' CONSOLIDATED INC 36,653.29 361571 12%20%2017 FIRE: EQUIPMENT SVC OF SC LUCIF. INC 62.00 36157_' 12 _'0'2017 JORDAN 4T0WER INC 343.70 361573 12 20 2017 CO NMMF'NI(:'ATIONS IN"FERNAlIONAF. 44.00 36157.1 12 20 2017 CONINI 'MICA[ IONS INTERNATIONAL. 101.60 361575 12,20'201 7 TEN -8 FIRE, EQUIPMENT INC 5.717.73 361576 1220 2017 RANGER CONSTRUCTION INE) INC 822.80 361577 12'20;2017 VERO CHEMICAL DISTRIBU FORS INC' 376.53 361578 12/20/2017 CHISHOLM CORP OF VERO 4999 361579 12'20'2017VEI_DF: FORD INC 529.9.1 361580 1220:2017 SAFETYPRODUCTS INC' 79.75 361581 12'0 2017 AT& I WIRELESS 58.73 361582 1220 2017 1 NOMAS P 1V]IITE 11.00 36158.3 12 202017 SEWF;I.I. HARDWARE CO INC 72.04 361581 12'20 2017 F-/ BRFW COF FEE & BOTTLF WAI F.R SVC 82.36 361585 12F20"2017 GRAINGER 777.26 361586 1120,'2017 GRAY13AR ELECTRIC 517.12 361587 12%20,2017 AMERICAS FA61.E PROFANF. LP 7.19.31 361588 12,20%2017 AMFRIGAS EAGLE PROPANE LP 1,316.74 361589 12:202017 AMERICAS EAGLE PROPANE LP 1.587.05 361590 12'20 2017 AMFRI(;AS I AG1.E PROPANE LP 1.147.81 361591 1220 2017 HACH CO 260.89 361592 12,20_2017 LFI FORT PIERCE: INC 1.301.13 361593 12202017 LFI FORT PIERCE INC 4.695 23 361594 12 202017 CLIFF BERRY INC 617.75 361595 12%20%2017 BOUND I REE MEDICAL LLC 7,003.89 361596 12/202017 VERO INDUSTRIAL. SUPPLY INC 5.982.60 361597 12 202017 EXPRESS REEL GRINDING.; INC 3.500.00 361598 12'202017 TIRESOLFS OF BROW'ARD INC 8.'_35.16 361599 12202017 C)F:1.1. AIARKF:FING LP 125?8 361600 12'_'0 2017 THE GOODYEAR TIRE & RUBBF.R COMPANY 1.871.36 361601 12202017 BLAK F SLEF SERVICES INC 65.00 361602 12 20 2017 111ILII Y SERVICE: CO INC 361603 1"20°2017 BAKER & TAYLOR INC 7,099.65 361604 12'202017 MIDWFSI TAPE: LLC 2.001.19 361605 12202017 NOR"1 HFRN SAFETY CO INC 913.42 361606 1220'2017 MWI CORP 32.758.57 361607 12 202017 MICROMARKEIING LLC 142.45 361608 12 20 2017 K & M FLEC I'R[C SUPPLY 7.59 361609 12 202017 BAKER DISTRIBUTING CO LLC 90.48 361610 12 20 2017 NFWSBANK INC 32.8?0.00 361611 12 20 2017 C FNGAGF LEARNING INC 8.379.40 361612 12 20 2017 JI,%I'viYSAIR & REFRIGERAI1ON INC 1.396.09 361613 12 20-2017 INDIAN RIVER COUNTY HFALFH DI -:P l 1.155.00 36161-1 121302017 ROGER J NICOSIA 280.00 361615 12 "20-2017 CITY OF VERO BEACH •13.804.44 361616 12''_02(117 INDIAN RIVER ALL FAB INC 644.68 361617 12 20 2017 PET"IY CASI I 350.00 361618 12 202017 FLORIDA GOVERNMENT FINANC'F 18.00 361619 1220 2017 APCO IN I I_RNATIONAL. INC 9_1.00 361620 12 20 201 7 JANITORIAL. DEPOT OF AMFRWA INC 389.46 361621 12 20 2017 HTIMANL SOCIETY 16.180.00 361622 12202017 ACUSHNE:I COMPANY 3).545.33 361623 12;30'3017 IN TERNAIIONAL GOLF MAIN I ENANCF. INC 88,148.43 361624 12.'20-"2017 GEAR FOR SPORTS INTI, INC 621.73 361625 12'202017 WESI'll 7BLISHING CORPORATION 415.64 361626 12^0 3017 FEDERAL EXPRESS CORP 20.57 23 TRANS NRR DATE VENDOR AMOUNT 361627 12.'22017 FEDERAL EXPRESS CORP 4097 361628 12,20^_017 LIBERTY FLAGS INC 735,00 ;61629 12"20" CITY OF SEBAS'1 IAN 2114 1.1 3616.30 12 20 2017 TIMOTHY ROSE CON I RACI ING INC 25.893.30 361631 12-202017 TRAFFIC PARIS INC 2,690.00 361632 12/20'2017 FLORIDA RECREATION K PARK ASSOC INC 175.00 36163.3 12'20'2017 FLORIDA POWER AND LIGHT- 106.666.25 361634 12%20'2017 PUBLIC DF,'FL:NDER 4,232.10 361635 1 120,2017 FLORIDA BLUE 727.94 ;61636 1220'2017 CITY OF FlI.ISMF.Rl-, 6,493,50 361637 12;20;2017 CITY OF I=L?LLSMERf: 17.42 361638 12'20/2017 PEACE RIVER ELECTRIC COOP INC 320.33 361639 12120'2017 LANGUAGE LINK SERVICES INC' 76.01 361640 12''_0,2017 SEBAS'FLAN RIVER HIGH SCHOOL. S00.00 3616.11 1220 2017 JASON E BR(7WN 55.00 361642 12202017 FLORIDA DEPT OF ENVIRON'vIENTAI, PROTECTION 6,730.00 361643 12_'02017 FLORIDA DEI'F OF ENVIRONMENTAL. PROTECTION 6,900.00 361644 12'20-2017 FLORIDA DLP OF ENVIRONMENTAL PROTECTION 6,90000 ,6164- 12 20'201 7 FLORIDA 1 it1L:R(il:NCY PRI'PARF:DNESS 300.00 361646 1220 2017 IRC ILEAL:FIIY START COALI FION INC 2,50000 361647 1220 2017 IRC HEAIXIIY SFAR F COALI IION INC 2,500.00 3616.18 12 20 2017 IRC I IEAI:FIIY START' COALI TION INC' 2.500.00 361649 12 202017 IRC IIF-AIF'IIY STARE COALITION INC liO0.00 361650 12'20,2017 BE SAFL SECURITY ALARMS INC 29.70 361651 12,202017 KENNEL II JAMES 13INGILA;4l JR 100.00 361652 12202017 KURT STFFFLN 30.00 .361653 12'20 2017 ALAN C KAUFFMANN 20.00 16W,4 1220%2017 INTI RNAIIONAI. CODE COI JNC'11, INC: 57.00 361655 1220'2017 HUMANA 405.25 361656 12:202017 PINNACLE GROVE LTD 500.00 361657 1220:'2017 CONSTRUCTION LICI NSIN6 OFFICIALS 35(►.00 361658 12%20'2017 VERO BEACII ROOFING INC 2,400.00 361659 1_'20'2017 FLGOLF INC 9;.53 361660 12`202017 RUSSELL PAYNE INC 1.1 36.73 361661 12:'20"2017 CE1_ICO PARTNFIRSHIP 1.48 361662 12:20'2017 ANIXTER [NC 10.785.10 36166 3 12202017 CIN'TAS CORPORA IION NO2 265.13 36166.1 12 '202017 FLORIDA DEPI OF J[ IVFNILL Al S FWF 34.108.33 361665 12 20 20 17 VAN W'AL. INC 850.00 361666 12 '20 2017 JOSEPI I W' VASQLI J 60.06 361667 12202017 SYNAGRO-"AV I INC 65.15-3.06 361668 12202017 OCLC ONLINE COMP111 FK 1.1BRARY CENTER 1,1291 361669 1220`2017 CENTRAL PUMP & SUPPLY INC 119.70 361670 12.202017 MASTELI.FR R MOLER INC 2,633. 0 361671 12 202017 GLOVER O[L COMPANY INC 6,75 124 361672 12 20'2017 SE.BASI'IAN RIVFR ARFA CHAMBER OF COMMERCE. 10.039.92 36 167 3 1220,2017 GARY L EMBRFY 40.00 361674 12'202017 PETER 013RYAN 44.09 361675 12'20:'2017 ANIMAL. MEDICAL SERVICES PA 98-1.18 361676 12'20-2017 JOHNNY 13 SMI IFI 150.00 361677 12202017 ML1N1C"IPA L. WATER WORKS INC 405.00 361678 12'202017 MOORS MFDICAI, LLC 1,542.77 36167+) 12'202017 FISHER L� PHILLIPS IF.P _'38.50 361680 12''_0`_2017 BRIAN FRET MAN 27.09 361681 12'202017 MICHAEL, K()RPAR 60.00 361682 12 20 2017 STICKLES. WILLIAM 27.3.00 361683 12'20 2017 K'S COMMERCIAL. ('I.EANING 1,923.89 361684 12 20 2017 YOL'TLI GUIDANCF DONATION FUND 1.250.00 361685 1220 2017 EQ TME ENVIRONMI:N"FAL, QUALIFY COMPANY 22,884.90 36168(5 12 202017 HMA-SOLANTIC J(11NT VENTI'RL: 1.1-C DBA 90.00 24 TRANS NBR DATE VENDOR AMOUNT 361687 12%20.2017 NORTII IIARRIS COMPUTER CORPORATION 11,875.00 361688 12`202017 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 361689 13/20/2017 JOSEPH CATALANO 40.00 361690 12/20'2017 OVERDRIVE INC 2,595.29 361691 1220;2017 AHS IIOLDINGS GROUP LLC 168.00 361692 12-20'2017 NATIONAL CINEMEDIA LLC 225.00 361693 12'20!2017 TIM ZORC 100.71 361694 12'20/2017 LOWES HOME CENTERS INC 1,899.86 361695 12/20/2017 ADAMS FENCE 2 LLC 6,086.00 361696 12/202017 ALEX MIKLO 170.00 361697 12;2012017 BURNETT LIME CO INC 3,200.40 361698 12!2012017 TREASURE COAST TURF INC 3,435.00 361699 12/20/2017 CARMEN LEWIS 181.00 361700 12'2012017 STRAIGI IT OAR LLC 53.90 361701 12/20'2017 CALDWFLI, PACL'TTI EDWARDS 7,013.88 361702 12!20'2017 C E R SIGNATURE CLEANING 850.00 361703 12!2012017 SAMBA IIOLDINGS INC' 1,668.15 361704 12x20/2017 REI ENGINEERS INC 375.00 361705 1220%3017 COAST TO COAST COMPUTER PRODUCTS 2,132.90 361706 12/20;2017 EXTREME GOLF INC 687.50 361707 12/20;2017 FORTTLINE INC 11,844.00 361708 12/202017 DESIGNER CONCRETE COUNTERS LLC 1240.00 361709 13,'202017 BERNARD EGAN & COMPANY 48.802.37 361710 12`202017 NAPIER & ROLLIN PLLC 612.50 361711 12,20'2017 RONALD NICHELSON 40.00 361712 121202017 FOUNDATION FOR AFFORDABLE RENTA1. 868.00 361713 12.20%2017 MICHAEL EDWARD HAMILTON 318.18 361714 12120'2017 C M CRAWFORD ARCHITECT INC: 980.30 361715 12/20,2017 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 1,275.00 361716 12120'2017 SYLIVIA MILLER 1,489.00 361717 12202017 THE TRANSIT GROUP INC 10,399.49 361718 1220'2017 FLORITURF SOD INC 369.00 361719 12'20/2017 ENCORE ONE: LLC 1,083.87 361720 12120!2017 ANDERSEN ANDRE. CONSULTING ENGINEERS INC 597.00 361721 12/20;2017 SCRIPPS NP OPERATING LLC 143.59 361722 12120,12017 JOSEPH DIZONNO 170.00 361723 13202017 TRIBOND LLC 8,167.44 361724 12;20/2017 RED THE UNIFORM TAILOR 582.53 361725 1220.'2017 BUSHNELL HOLDINGS INC 1.904.68 361726 12/202017 CAFHEDRAL CORPORATION 1,416.71 361727 12!20`2017 UNIFIRST CORPORATION 1,485.87 361728 1220"20 17 CAPAK LLC 90.00 361729 12120,12017 CDA SOLUTIONS INC 205.50 361730 1220.'2017 SITEONE LANDSCAPE SUPPLY LLC 710.98 361731 122012017 GOTTA GO GREEN ENTERPISES INC 57.37 361732 12,'202017 ADVANCE STORES COMPANY INCORPORATED 14.24 361733 12!20/2017 GUARDIAN ALARM 01= FLORIDA LLC 2,994.91 361734 12%2012017 EGP DOCUMENT SOLUTIONS LLC 187.69 361735 12'20'2017 NORTH AMERICAN OFFICE SOLUTIONS INC 24.99 361736 12'20;2017 WORTH USA INC 78.00 361737 12'202017 RUSSELL L OWEN 111 10000 361738 1220,2017 WEST FLORIDA MAINTENANCE INC' 5.966.80 361739 1220,,2017 NWI REC'YCI.ING INC: 11,658.20 361740 12/20'2017 EASTERN PIPELINE CONSTRUCTION INC: 2,000.00 361741 1220.2017 AC VETERINARY SPECIALTY SERVICES 45.00 361742 12%20'2017 MATHESON TRI -GAS INC 3937.05 361743 12'20'2017 PEOPLE READY INC: 8,315.90 361744 12,21W2017 ROBERT O RICI IARDSON 111 60.00 361745 12!20'2017 STEVE MIX 682.50 361746 12202017 IBIS GARDENS APTS LLC 500.00 25 TRANS NBR DATE VENDOR AMOUNT 361747 12/20!2017 EMILY GOUGE 120.00 361748 12;20!2017 TREASURE COAST COLLECTIBLES LLC 15.00 361749 12`20'2017 COLE AUTO SUPPLY INC 1,373.92 361750 122W2017 DANBRANLEY LLC 551.00 361751 12%202017 PAUL E THOMPSON 10.00 361752 12'20'2017 BETH NOLAN 50.00 361753 12'202017 THOMAS R PLLIERO 112.00 361754 12/2012017 RELX INC 50.00 361755 12'202017 GOVDIRECT INC 18,709-24 361756 12202017 STUART RUBBER STAMP & SIGN CO INC 98.28 361757 12'20'2017 CORE & MAIN LP 6.950.49 361758 12%20:'2017 NEAL POOLE 120.00 361759 1220.-'2017 MC DERMOTT WILL & EMERY LLP 10.089.56 361760 1120;2017 STEWART MATERIALS LLC 867.60 361761 12202017 GOMEZ BROTHERS IRRIGATION LLC 1,215.00 361762 1220/2017 WOERNER AGRIBUSINESS LLC 233.00 361763 12`20,'2017 MOUNTAIN PRESS 342.00 361764 12,'20'2017 ADIDAS AMERICA INC 37.15 361765 12120,2017 ULINE INC 2.393.91 361766 12;2012017 BRYAN CANNON 80.00 361767 121120.'2017 RACHIa, LOVETT 155.15 361768 12;`20`2017 TIMOTHY L DURFEE 4,450.00 361769 1220;'2017 ADRIANA TRAUTMAN 150.00 361770 12,20,2017 JAMES HERNANDEZ 35.00 361771 12.'20,'2017 BOTTOMS UP BEVERAGE OF FLORIDA LLC 490.00 361772 12120'2017 UTIL REFUNDS 55.86 361773 122202017 UTIL REFUNDS 78.32 361774 12'20'2017 UTIL REFUNDS 88.57 361775 12202017 U1'IL REFUNDS 24.77 361776 12%20'2017 UTIL REFUNDS WAS 361777 1220'2017 UTIL. REFUNDS 26.20 361778 12%202017 UTIL REFUNDS 77.53 361779 12,`20!2017 UTIL, REFUNDS 66.80 361780 12120'2017 UTIL, REFUNDS 389.87 361781 12!20'2017 UTIL_ REFUNDS 46.71 361782 12%20'2017 UTIL REFUNDS 87.00 361783 12/20/2017 UTIL REFUNDS 27.69 361784 121202017 UTIL REFUNDS 136.41 361785 12120'2017 UTIL REFUNDS 33.47 361786 12,20'2017 UTIL REFUNDS 86.22 361787 12120'2017 UTIL. REFUNDS 35.88 361788 12'2012017 UTIL REFUNDS 10.12 361789 12!20'2017 UTIL REFUNDS 30.30 361790 13/202017 UTIL REFUNDS 46.71 361791 12'20'2017 ll"TIL REFUNDS 53.60 361792 12120'2017 UTIL REFUNDS 85.18 361793 12/202017 UTIL REFUNDS 36.21 361794 12/202017 UTIL REFUNDS 26.36 361795 12/20-°'2017 UTIL REFUNDS 42.19 361796 12120'2017 UTIL REFUNDS 75•34 361797 12%20`2017 UTIL REFUNDS 57-45 361798 1_'"20'2017 UTIL REFUNDS 9.50 361799 12/202017 UTIL REFUNDS 132.20 361800 12202017 LJTIL, REFUNDS 66.40 361801 12/202017 UTIL REFUNDS 14.18 361802 12,202017 UTIL REFUNDS 88.28 361803 12'20'2017 UTIL REFUNDS 157.81 361804 12-2202017 UTIL REFUNDS 74-29 361805 12202017 UTI I, REFUNDS 69.18 361806 12%20'2017 UTIL, RFFUNDS 62.86 26 TRANS NBR DATE VENDOR AMOUNT 361807 12<20'2017 UTIL REFUNDS 83.21 361808 12/20/2017 UTIL REFUNDS 43.15 361809 12'20'2017 UTIL REFUNDS 31.91 361810 12!20%2017 UTIL REFUNDS 42.33 361811 12r202017 UTIL REFUNDS 25.47 361812 1220'2017 UTIL REFUNDS 51.90 361813 12/20/2017 UTIL REFUNDS 42.12 361814 12.'2012017 UTIL REFUNDS 61.82 361815 121202017 UTIL REFT.JNDS 57.45 361816 1220'2017 GREENE INVESTMENT PARTNERSHIP LTD 3.772.96 361817 12;20'2017 INDIAN RIVER COUNTY HEALTH DEPT 52,747.50 361818 12210%2017 MEDICAL EXAMINERS OFFICE 35.224.16 361819 12!2'2017 VICTIM ASSISTANCE PROGRAM 5.532.66 361830 12!20'2017 ROGER J NICOSIA 1.500.00 361821 12'20;2017 CITY OF VERO BEACH 2,108.02 361822 12;202017 CITY OF VERO BEACH 11,787.50 361823 12!20,2017 COMPBENEFITS COMPANY 80.16 361824 12'202017 FLORIDA BLUE 727.94 361825 12/202017 AMERITAS 26,305.50 361826 1221'2017 PAUL CARONE 3,887.00 361827 12,2 1 `2017 LINDSEY GARDENS LTD 373.00 361828 12,21.'2017 WILLIE C REAGAN 1.350.00 361829 12,211/2017 LARRY STALEY 593.00 361830 1121'2017 PINNACLE GROVE LTD 3,369.00 361831 12'21'2017 VERO CLUB PARTNERS LTD 1,981.00 361832 1221!2017 DAVID SPARKS 1,407.00 361833 1221,'2017 THE PALMS AT VERO BEACH 1,102.00 361834 12'21'2017 ED SCHLITT LC 1409.00 361835 121"21'2017 JOIIN OLIVIERA 716.00 361836 12'21'2017 ARTHUR PRUETT 484.00 361837 1221'2017 JOSEPH LOZADA 677.00 361838 12121 ,2017 MICIIAEL 1AHOLKOWSKI 547.00 361839 12'21'2017 LUCY B HENDRICKS 761.00 361840 12!21'2017 ROBERT L BRACKETT 769.00 361841 12!212017 SYLVESTER MC INTOSH 365.00 361842 12!21!2017 PAULA WHIDDON 553.00 361843 12'2112017 JAMES W DAVIS 372.00 361844 12% TRANS NBR DATE VENDOR AMOUNT 361867 12/2112017 NKW PIP HOLDINGS I LLC 3,154.00 361868 12/21/2017 MAXIPLEX LLC 6,732.00 361869 12!21/2017 RANDY BETHEL 1,403.00 361870 122112017 RALPH SANTORO 3,099.78 Grand Total: 1,153,292.46 6 ELECTRONIC PAYMENTS - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1012511 12/15/2017 AT&T 849.97 1012512 12/15/2017 WASTE MANAGEMENT INC 2,296.82 1012513 12/18/2017 PARKS RENTAL & SALES INC 1,485.00 1012514 12/18/2017 COPYCOINC 54.90 1012515 12/18/2017 HENRY SCHEIN INC 52930 1012516 12/18/2017 NORTH SOUTH SUPPLY INC 994.29 1012517 12/182017 COLD AIR DISTRIBUTORS WAREHOUSE 199.88 1012518 12/18/2017 INDIAN RIVER BATTERY 2,854.80 1012519 12/18/2017 INDIAN RIVER OXYGEN INC 3,345.50 1012520 12/18/2017 AMERICAN CONCRETE INDUSTRIES INC 704.00 1012521 12/18/2017 APPLE INDUSTRIAL SUPPLY CO 992.46 1012522 12/18/2017 ABCO GARAGE DOOR CO INC 522.59 1012523 12118,2017 ALLIED UNIVERSAL CORP 10,125.34 1012524 12/18'2017 RECORDED BOOKS LLC 392.60 1012525 12/18,'2017 COMPLETE RESTAURANT EQUIPMENT LLC 101.00 1012526 12/18'2017 COMPLETE ELECTRIC INC 1,365.01 1012527 12/18,'2017 SOUTHERN JANITOR SUPPLY INC 1,658.90 1012528 12/18/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 20.49 1012529 12/18/2017 BENNETT AUTO SUPPLY INC 32.46 1012530 12/18/2017 AUTO PARTNERS LLC 138.02 1012531 12/18/2017 STAT MEDICAL DISPOSAL INC 195.00 1012532 12/18'2017 PACE ANALYTICAL SERVICES INC 108.00 1012533 12/19'2017 EVERGLADES FARM EQUIPMENT CO INC 1,771.55 1012534 12/19.'2017 HENRY SCHEIN INC 1,190.25 1012535 12/19,'2017 INDIAN RIVER BATTERY 556.25 1012536 12/19'2017 INDIAN RIVER OXYGEN INC 232.50 1012537 12/1912017 DEMCOINC 63.91 1012538 12/19/2017 MIKES GARAGE & R'RECKER SERVICE INC 285.00 1012539 12/19,'2017 APPLE INDUSTRIAL SUPPLY CO 714.40 1012540 12/19'2017 SMITII BROTHERS CONTRACTING EQUIP 4,504.62 1012541 12/19,'2017 GALLS LLC 1,329.03 1012542 12/19/2017 MEEKS PLUMBING INC 411.50 1012543 12/19.12017 ABCO GARAGE DOOR CO INC 3,836.50 1012544 12/19,'2017 ALLIED UNIVERSAL CORP 12,237.95 1012545 12/19.'2017 IRRIGATION CONSULTANTS UNLIMITED INC 25833 1012546 12/19/2017 GROVE WELDERS INC 84.76 1012547 12/19,'2017 SOUTHERN COMPUTER WAREHOUSE 2,188.47 1012548 12/19'2017 FIRST HOSPITAL LABORATORIES INC 446.90 1012549 12/19/2017 PERKINS INDIAN RIVER PHARMACY 14.06 1012550 12/19!2017 COMPLETE ELECTRIC INC 9,500.00 1012551 12/19,'2017 SHRIEVE CHEMICAL CO 2,396.93 1012552 12/19,12017 MIDWEST MOTOR SUPPLY CO 445.29 1012553 12/19!2017 SOUTHERN JANITOR SUPPLY INC 129.00 1012554 12/19,'2017 METRO FIRE PROTECTION SERVICES INC 1,318.50 1012555 12/19,12017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 132.14 1012556 12/19,'2017 BENNETT AUTO SUPPLY INC 34.40 1012557 12/19,2017 L&L DISTRIBUTORS 744.14 1012558 12/19,12017 HYDRA SERVICE (S) INC 6,998.00 1012559 12/19/2017 RADWELL INTERNATIONAL INC 541.15 1012560 12/19;'2017 JDA SYSTEMS 675.00 1012561 12/19,'2017 EASY PICKER GOLF PRODUCTS INC 538.62 1012562 12/1912017 FILTRATION GROUP CORPORATION 3,031.19 1012563 12/1912017 NEXAIR LLC 38.28 1012564 12/2012017 AT&T 10,308.38 1012565 12/20,'2017 OFFICE DEPOT BSD CUSTOMER SVC 1,41136 1012566 12/20,'2017 WASTE MANAGEMENT INC 2,962.33 1012567 12/20/2017 COMCAST 84.90 1012568 12/20'2017 POLYDYNE INC 5,143.48 29 TRANS. NBR DATE VENDOR AMOUNT 1012569 1272072017 ',AI- EELABRATOR RIDGE ENERGY INC 2,619.70 1012570 12/21/2017 EVERGLADES FARM EQUIPMENT CO INC 15.20 1012571 12/21!2017 COLKITT SHEET METAI. & A/C INC 579.85 1012572 12/21/2017 RING POWER CORPORATION 612.08 1012573 12721/2017 ALLIED UNIVERSAL CORP 5,005.40 1012574 12/21 CO 17 RECORDED BOOKS LLC 99.00 1012575 12/21/2017 SOUTHERN COMPUTER WAREHOUSE 5.565.52 1012576 12/21/2017 COMO OIL COMPANY OF FLORIDA 266.04 1012577 12/21/2017 COMPLETE ELECTRIC INC 635.90 1012578 12/21/2017 SOUTHERN JANITOR SUPPLY INC 1,203.08 1012579 12/21/2017 SOUTHERN JANITOR SUPPLY INC 1,196.70 1012580 12/21/2017 CONSOLIDATED ELECTRICAL.. DISTRIBUTORS INC 134.06 1012581 12/21/2017 COUNTY MATERIALS CORPORATION 6,364.80 Grand Total: 129,822.73 30 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5609 12/15/2017 TEAMSTERS LOCAL UNION #769 5,450.00 5610 12'15!201.7 IRC FIRE FIGHTERS ASSOC 7,200.00 5611 12 1512017 NATIONWIDE SOLUTIONS RETIREMENT INC 49,254.53 5612 1215112017 NATIONWIDE SOLUTIONS RETIREMENT INC 2,358.93 5613 12,15;2017 CDM SMITH INC 5,842.65 5614 12%15/'2017 IRC CHAMBER OF COMMERCE 8,495.55 5615 121/15/2017 IRC CHAMBER OF COMMERCE 10,923.16 5616 12/18'2017 IRS -PAYROLL TAXES 443.890.28 5617 12/18/2017 FL SDU 6.122.48 5618 12/18;2017 SCHOOL DISTRICT OF I R COUNTY 127,824.00 5619 1219/2017 1 R C HEALTH INSURANCE - TRUST 87,831.64 5620 12/20/2017 WEST HEALTH ADVOCATE SOLI_fTIONS INC 391.05 5621 12/20,'2017 CHARD SNYDER & ASSOCIATES INC 94.80 5622 12120'2017 MUTUAL. OF OMAHA 1,825.00 5623 12120/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 6.005.58 5624 12/20'2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 12,205.50 5625 12121/2017 FIDELITY SECURITY LIFE INSURANCE COMPANY 2.851.78 5626 121/21/2017 SENIOR RESOURCE ASSOCIATION 405,988.04 5627 12/21/2017 MUTUAL OF OMAHA 7,40096 5628 12,`21%2017 C E R SIGNATURE CLEANING 5,000.00 5629 12;2112017 INTEGRITY LAWNS LLC 1,750.00 5630 12"1'2017 RUSSELL PAYNE INC. 132,041.78 5631 12./21'3017 BEST PRACTICES TITLE LLC 447,856.39 Grand Total: 1,778,604.10 31 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27" Street Vero Beach. FL 32960 1'0: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: EI,ISS,,\ NAGY, FINANCE DIRECTOR TFIRU: RU: J F F 1: R I -'Y R. S M ITI 1. C UM PTRO 1, 1, 1: R DATE: December 28. 2017 SL'BJFC-I': APPROVAL OF('IIECKS AND Ef,[-'("I'RONI('I)AN'.Ivll:NTS December 2-1.201 7 to December 28, 2017 In compliance with Chapter 136.06. Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, tor the time period of December 22, 2017 to December 28, 2017. 32 CHECKS WRITTEN TRANS NBR D:1TF: VENDOR AMOUNT 361871 1228:2017 PORT CONSOLIDATED INC 741.18 361872 12,282017 JORDAN MOWER INC 224.80 361873 12 2X2017 COMMUNICATIONS 1N'FERNAI ION,A1. 99.00 361874 12 2S 2017 T FN -S FIRE: F.OUIPMENT INC 23.288.98 361875 1'_ 28 2017 RANGER CONSTRUCTION IND INC 1.7.57.12 361876 1225 2017 VERO CHEMICAL DISTRIBUI ORS INC 1.129.3; 361877 12282017 RIC'OFI USA INC 271.16 361878 12 28,'2017 CHiSHOI_M CORP OF VERO 480.00 361879 12126,2017 SAFETY PRODUCTS INC 5,796.87 361880 12/'282017 STEWAR'I MATERIALS INC 1.978.63 361881 12%28, 2017 AF& I' WIRLI.ESS 2,479.49 361852 12 'S 2017 THOMAS P WIEITE 672.00 361883 1_22S 2(117 PARALLL COMPANY INC 520.00 361884 12 28 2017 Riti' RF:C'E:1' l l()N[ST INC 328.51 36188; 11 2S 2017 A:MF-RIGAS LADLE PROPANI LP L88-1- 361886 12 2S 2017 AMEREG AS EAGLE PROPANE I P 2.OS5.49 361857 12 `'8201 7 Ill FORT PILRCE INC 506.25 361888 12 25.2017 MAS"fL:I L.FR MOWER & TAYLOR INC 1?00.00 361889 1228.`2017 NATIONAL. FIRE: PROTECTION ASSOC 175.00 361890 12,28 2017 BOUND FREE MEDICAL I IC' 315.99 361891 12 28 -'(.)17 PET FS C'ONCRE I L 7.650.00 361892 1228 2217 CHILDCARI-1 RESOURCES OF IRC INC 2_1,111.11 361893 12 28 2017 AR\11=1E I.I) \\AGNERAPPRAISAL AND RI S1 ARCH INC 900.00 361894 12 2S 2017 DELI _ MARKFTING LP ' 373.4 " 361895 12 28 2017 THE GOODYFAR TIRE & RUBBI R COMPANY 6.002.56 361896 12 2S 2(:)17 BAKER & IAN'I.OR INC 6,545.34 361897 12;28,2017 MIDWEST TAPE LLC 223.24 361898 12,28,2017 MICROMARKITING LLC 3499 361899 12 2S 2017 BAKER DISTRIBUTING CO LLC' 321?9 361900 12 2S 2017 C'I=NGAGF I_I:ARNING INC 529.3' 361901 12 2S2(117 PI NWOR LIIY COMPANY 557,71 361902 12 2S 2017 JIMMYS AIR & REFRIGERNI ION IN(" 1.650.0() 361903 12 28 2017 GO CORS IAl. INC' 250.00 361904 12 28 201 7 SOFTWARE IIAKDWARE 1Nl L6RAI ION 64.363.52 361905 1225 2017 SUNSHINE RLIIABILATION (TN`I FR OF IRC INC.' 500.00 361906 12.28-2017 LINDSEY GARDENS LTD 366.00 361907 1228-2017 C'RFAI-1VI-: ('FIOICE HOMES XVI I'I 1) 500.00 361908 12'82017 CLERK OF CIRCUIT COURT 2,523.35 361909 1228.2017 INDIAN RIVER COUNTY HFAI III DEPT 323.44 361910 1_' 282017 CII Y OF VERO BEACH S0,0 17.20 361911 12 _'S 2017 UNI 1 ED WAY OF INDLAN RIVER COLN"h�' 797.00 361912 12 28 2017 UNITIJ) PARCH- SERVICE: INC 80.88 361913 12 28 2017 FERGUSON FNTERPRISI S INC 15,959.93 361914 12 28 2017 V'I( � UTNETI'D S FAI LS POSTAL SL R 1 20,()()0.00 361915 1228 2017 PUBI.IX SUPERMARKETS 62.35 361916 12'28'2017 6EOSYNTI:C CON SUUFA N I S INC 92.3.75 361917 12 28'2017 FLDF RAI EXPRESS CORP 22.28 361915 1228 _'017 FEDERAL EXPRESS COR[' 45.16 361919 1225 _017 C A1,1 AWAY GOLF SALES C'OMI'ANY 4.405.63 361920 12 2S 2017 FLORIDA POWER AND 1-1611-1 30.350.67 361921 12 24 2017 FLORIDA POW"ER AND LIGHT 3.1116.66 36192 122S2(�17 SIAlFA[ICIRNEY 18.293.08 361923 12 '_S 2017 SITNS IIINI� STAKE ONE CALL OF 1 1 INC 1,264.17 361924 12 28 2017 CAFHOI IC C'IIARITIES DIOL TSF OF PALM BC II 2.132.79 36192s 12'28,2017 SRFJNK FUNFRAL HOMES & CREMATORY 425.00 361926 12 2S2()17 TOC'OMA RUBBER STAMP & MARKING SYSTEM 111.79 361927 1225 2017 NE\4 YORK FIMES 1.014.00 361925 12 28 1_017 L W'ALI ON F:LEC'TRIC INC I .S 13.00 33 TRANS NBR DATE VENDOR ANIOt:'NT 361929 12.282017 CFNTRAI.. FLORIDA PRIMA 35.00 361930 12'282017 TRANSPORTATION CONTROL SYSTEMS 9,188.00 361931 12128'2017 KE NNFTII JANIES BINGHAM JR 140.00 361932 12528 2017 AI.:AN C KAUFTMAN'N 200.00 361933 12'28 2017 NAEMT 75.00 361934 1228 2017 PRICF:WAII:RHOUSECOOPFRS E_1_P 20,000.00 361935 12 28 2017 I.AKEAA'OOD VILLAGE ROASSOC INC: 490.60 361936 12.28 2017 TELE AVAN"TI COMPANY INC 1.540.00 361937 12 28 2017 RIJSSI-:I.E_ PAYNF INC 157.29 361938 12 28 2017 TRANF US INC 34, 710.00 361939 12,28 2017 CFI.IC'O PARTNERSHIP 267.93 361940 12/28'2017 VAN WAI. INC 70.00 361941 12 28 2017 BIC BRO I I II RS AND BIG SIS I I RS 1.250.00 3619.12 12 282017 BIG BRO H HERS AND BIC; SIS H RS 7,057.33 3619.33 12 28 2017 MT CAUSI FY INC 23,589.75 36194.1 12 _282017 %IBV E:NGINE I RING INC 7+?00.00 561945 12 282017 MAST E:1.LFR & MOLER 1NU 3.418.50 3619.16 12 282017 SF.AI'LFS CONTRACT & CONIME:RCIA1. INC I27.55 3619.17 12282017 ADMIN FOR CIIII_D SUPPORT ENFORCEMENT 278.29 361948 12 28'2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 282.06 361949 1228'2017 ADMIN FOR CHILD SUPPORT I NFORCEMENT 157.38 361950 12x28`2017 (YARN' 1. FMBRFY 80.00 361951 12 28 2017 ORC1111) ISL..AND PROPER Iti" NIGN11 Il INC 9,276.00 361952 12 28 2017 1 ST FIRE & SECURITY INC' 36.1.00 361953 1' 2S 2017 OHIO C'EIII.D SUPPORT I58._27 36195.3 12 28 2017 1 HOR GUARD INC' 964.57 361955 12 2S 2017 INDIAN RIVER RDA I_P 441.67 361956 12 282017 RI:DI.ANDS CHRISTIAN MI(;RAN I ASSOC 4,472.92 361957 12 28'2017 MICHAI-:E.. KORPAR 40.00 361958 12-28;2017 CLFE'RDIN, DFNNISF 60.00 361959 1'_-28'2017 CHERYL SCRANTON 3,562.50 361960 12.282017 DANA SAFE "I Y SUPPLY INC' 325,00 361961 12 2S 2017 K'S C'ONINIFRCIAL CLEANING 16,309.08 361962 12 2S 2017 NIC'OE_AC'I MARKETING INC' i, 144.00 361963 1''82017 SOUTHEAST POWER SYSTEMS OF ORLANDO 5.235.65 361964 12 28'2017 WINSUPPIN OF VERO BFACII 14.41 361965 12.282017 D J P GENERAL CONTRACTING SERA'IC'ES INC' 10,900.00 361966 12 28'2017 CRFAIIVI. POAA'ER SOLUTIONS INC' 1.500.00 361967 12'28,2017 Al (...ANI W COASTAL LAND I I I I CO LLC 150.00 361968 12'28'2017 FC'MC 264.05 361969 12282017 JOSFPII C'AIAI.ANO 40.00 361970 12 28 2017 BERMUDA SANDS APPAREL, I LC 534.32 361971 12 28 2017 BORRI 1.1.1 & PARTNERS INC 12,405.00 36197"1 1' 18 '()17 MOORS MOIORS INC 1,505.32 361973 121 28 2017 1I TE:R)I IONS BLESSED 77.00 361474 12 2S 2017 REPROGRAPHIC SOLUTIONS IN(' 5.46 361975 1''282017 1 OWFS HOME UENTERS INC 916.27 361976 1228;2017 BURNS -1 I LIME CO INC 3,197.60 361977 12'282017 IMPFCCABLE SIGNS INC' 605.00 361975 12'28 2017 LEARNING ALLIANCE 71.915.75 361979 12 5 2017 PEN(((:IN RANDOM IIOUSI: I 1 C 12.50 361950 12 252017 CAR%II.N I FAVIS 146.50 361981 12 282(11 STRAIGII"I OAK LLC 41.25 361982 12 2S 2017 SOL ;TIIFRN MANAGEMENT I l C 1,032.00 361983 12 8 2017 PURC'IIASI NURSERY 1Nt_' 361984 1225 2117 STI?AA ART & STEVENSON FDDA LI C 1,)74.68 361985 12 28`2017 CHLM1 RADE CITEMICAI_.S CORPORTATION 2,274.84 361986 12 282017 FANIILY SUPPORT REGISTRY 156.45 361987 12 25 2()17 BFRN:ARD F(IAN & COMPANY 16.089.98 361958 12 28 2017 RON:ALI) NIC'LIELSON 40.00 34 TRANS NBR DATE: VENDOR AMOUNT 361989 12:'282017 SCRIPPS NP OPERATING LLC 413.98 361990 12282017 C'0CAC0I,A BLVERAGES FLORIDA LLC 158.01 361991 122852017 JOSEPH DIZONNO 110.00 361992 1228.2017 RED THE UNIFORM TAILOR 4.445.54 361993 12 28 2017 BUSIINEL.1. HOLDINGS INC 1,052.96 361994 12 28 2017 CALIILDRALC'ORPORAFION 1,160.49 361994 12'8.2017 UNIFIRST CORPORATION 1,453.64 361996 12 28 2017 CDA SOLUTIONS INC 1.34399 361997 12 28 2017 SLLEONF LANDSCAPE SUPPLY LLC 416.46 361998 1228 2017 HYDROMAN USA LLC 6,956.00 361999 12,2K 2017 WUR"1-H USA INC 590.00 362000 12 282017 FLORIDA EAST COAST FIOLDINGS CORP 3,600.00 362001 12 25 2017 RUSSELL L OWF:N III 100.00 362002 12 282017 PTF GOLF LLC 396.97 362003 12 _1S 2017 RIOMAR 1 FLIT LLC 42.19 362004 12 2S'017 MONOPRI(E INC 2.245.96 36_2005 1' ,S 1( 17 COVT.RA1.1, NO RLII AMER1( A INC 215.00 362006 12282017 PF0PLF READY INC 20,298.08 362007 12 282017 ROBERI O RICFIARDSON III 50.00 362008 12:28,20 17 EMILY GOUGF'. 120.00 362009 12l28i2017 COLE= AU -10 SUPPLY INC 1,047.97 362010 12:282017 BEI I I NO LAN 55.00 362011 12.282017 THOMAS R PILIERO 109.00 362012 12 _'82117 RECYCLING ROCKS LI_C 2.000.00 362013 12 28'017 NEST1, WAI ERS NORTH AAtl R1C':1 68.33 36201.3 1' 28'017 AP HM C()ASTAI_ PLANNING & ENGINEERING IN( 4.397.78 362015 12'282(:17 C'ORI & MAIN LP 9.586.46 362016 12 282017 NFAI P001E. 100.00 362017 12x282317 S7 FWARI MALERIALS LL(.' 613.40 362018 12282017 INDIAN RIVER DOCKS LLC 550.00 362019 12 28x2017 INDIAN RIVER DOCKS LL.(' 100.00 362020 12 28x2017 GOMFZ BRO CHERS IRRIGAH0N L.1 C 2,595.00 362021 12 28 -1017 1:1_0\10I10NS SYSTEMS INC '60.00 362022 12 28 2017 BRYAN CANNON 100.00 36"_'023 12 2S '017 BUFF OMS UP BEVERAGE OF 1:1 ORIDA LLC 1.456.00 362024 1_'2S 2017 JLANFI II DIA/ 35.00 362025 12 282017 SACIIA VINCE:NI 100.00 362026 12.28 2017 CYKF S & I FENS INC 4.241.25 362027 12x282017 LINDACAGGIANO 102.54 362025 12 282017 UT 11. REFUNDS 19?8 362029 12 282017 U111. RLFUNDS 66.62 362030 12 _28 2017 UE11 REFUNDS 53,55 362031 1_' _'S 2017 UTI1.. REFUNDS 17.60 362032 12 _'S 2017 U 111 REFUNDS 4.57 362033 12 28 22017 UTI t_ REFUNDS 25.53 362134 12 282017 U'l 11_ REFUNDS 14.56 362035 12,'_8 2017 tJTII REFUNDS 15.21 362036 12%282017 U11L REFUNDS 6.62 362037 12 282017 DTII REFUNDS 62.92 362038 12282017 UT11_REFUNDS 69.02 362039 1_1 IS2O17 U"-11 RF:Ft.1NDS 6 5.8 5 3620.30 {_' _28 2017 U111 REFUNDS 90.74 362041 12282017 11111. RI I I'NDS 24?9 36204'_ 12 '_S 2017 VIII RFF1.`NDS 49.35 362043 12 2S '017 UTIL REI UNDS 35.77 362044 1-1 282017 U111, RI -I tJNDS 58.35 362045 12 252017 U111. REFUNDS 61.28 362046 12 28,2017 0111 REFUNDS 48.75 362047 12 2S 20 17 1_1111 REFUNDS 492.05 362048 12 28 2()17 U HI REFUNDS 5.40 35 TRANS NBR DATE VENDOR AMOUNT 362049 12,28;2017 U I'll- REFUNDS 58.91 362050 12/28-2017 UTII_ REFUNDS 44.31 362051 12/28,2017 UTIL R1-T1JNDS 26.09 362052 12%282017 UTIL Rl"FUNDS 7.97 362053 12-28'2017 UI -11, REFUNDS 200.00 362054 12 28 2017 UTII. RE=FUNDS 18.08 362055 12 28 2017 UITL REFUNDS 21.47 362056 12 '8.1017 UTII. REFUNDS 54.51 361057 1' 'S 2017 11A 11 RI-TUNDS 66.73 361058 12 28 2017 UT11. REFUNDS 4551 361059 12128'2017 UTIL REFUNDS 71.96 362060 12/28;'2017 UTIL REFUNDS 54.27 362061 12r28'2017 UT11. REFUNDS 69.75 36206_' 12 28'_'017 UTIL_ REFUNDS 5 7.3 3 36203 12.28 2017 UTIL. REFUNDS 15.13 362064 12 28 2017 UTIL. RITIJNDS 21.63 36206; 12 1S 1017 DTII_ REFUNDS 37.40 362066 11 28 2017 Ul 11, REFUNDS 40.47 362067 12:28 2017 UTIL REFUNDS 67.11 362068 12,28,2017 UTII. REFUNDS 100.00 362069 12/2812017 UTIL REFUNDS 30.96 362070 12/28'2017 UTII. RL:F'UNDS 62.70 361071 12 282017 UTIL REFUNDS 61.12 361071 11 282017 UTIL RL:FUNDS 65.05 36`'073 1_2 28 2017 UTII-RE:Ft'NDS 79.11 361074 12 28 2017 L, III, RITLUNDS 35.71 362075 12'2S 21117 U'I 11, RL -FUNDS S3.41 362076 12 28 2017 UTII RITUNDS 109.87 362077 12,,282017 UT11. RLTUNDS 188.21 362078 12;28."_017 U-1-11, RI?LUNDS 62-70 362079 12,28'2017 UTII_ RIA:UNDS 43.72 362080 12 28 201, UTIL REFUNDS 83.17 362051 t''S X017 UTII. RLLUNUS 6.01 362052 12 2S 2617 UTII_ RI":1 IJNDS 79.90 362083 12 28 'It') 17 U"l 11 RH UNDS 362084 11 2S 2017 UTII_ RI -.FUNDS 31.49 361085 12 25;2017 Li I'lI RLLUNDS 44.60 362086 12 28.2017 LA -11. REFUNDS 17.38 362087 12;282017 UTIL RFFLINDS 75.79 362088 12,28 2017 U111 REFUNDS 77.79 361089 12 29 2017 U'I11. Rf FUNDS 95.25 361090 12 2S 1017 T TIL REFUNDS 66.19 362091 1? 28 _'Ole Ul IL REFUNDS 4 9. 70 36_'092 11 2S 2117 11l1 RFFL? TRAN'S NB DATE: VENDOR AMOUNT 362109 12,28 2017 UT1I. REFUNDS 26.37 362110 1228;2017 UTIL REFUNDS 42.93 362111 12'2812017 DTII_ REFUNDS 5.84 362112 12'28.2017 LYI It. REFUNDS 31.94 362113 12;282017 UTIL REFUNDS 71.55 362114 12 28 2()17 U-1IL.REFUNDS 30.57 362115 12 2S 2017 U111_ REFUNDS 15.91 362116 12 28 2017 UTIL RLFl1NDS 39.19 362117 12252017 UTIL REFUNDS 3.02 362118 12 28'2017 U"FII. RFF[1NDS 73.58 362119 12128i2017 UTIL REFUNDS 76.12 362120 12`28'2017 UT11, REFUNDS 50.02 362121 12'28'2017 U -III. RFATUNDS 68.89 362122 I2.28'2017 U1"IL REFUNDS 94.10 362123 12 28 2017 UIII, RI-IjJNDS 66.96 362124 1228 2017 RICOII USA INC 144.37 362125 12 28 2017 UTILITY SLRVI(T CO INC 117.926.00 362126 11 282017 "TRLASURE COAST HOMELESS SFRVICLS 10.425.00 362127 12 X28 2017 PINNACLE GROVE LTD 480.00 Grand Total: 805003.50 37 F,LECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1012582 12262017 INDIAN RIVER BATTERY 48-5.80 1012583 1226-2017 MIKES GARAGE K WREC'KE:R SERVICE: INC 310.00 1012584 12`262017 MEI:KS PLUMBING INC 6.36.00 101285 1226 2017 IRRI(AI ION CONSULTANT S I NLIM17'ED INC 4'.13 1012586 -5'262017 SOU HIFRN COMPUTER WAREHOUSE -598.8-5 1012587 1'262017 DYNAMIC BRANDS LLC 106.40 101288 12.'62017 METRO FIRE: PROTECTION SERVICES INC' 600.00 1012589 1'26,2017 CUSTOM PRODUCTS CORPORATION 2,306.50 1012590 122612017 HYDRA SERVICE (S) INC 18.151.79 1012591 12126%2017 NEXAIR LLC 392.52 1012592 122 7 2017 AF T 1.172.15 101254; 12 272017 OFFICE. DFPOI BSD CUSTOMER SVC 2.34021 Grand Total: 27,152.35 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE 5632 12126/2017 5633 12/26/2017 5634 12/28/2017 5635 12!28/2017 5636 12/28/2017 5637 12128,'2017 Grand Total: VENDOR PEACE RIVER ELECTRIC COOP INC OLD REPUBLIC NA110NAL TITLE. AMERICAN FAMILY LIFE ASSURANCE CO TOTAL ADMINISTRATIVE SERVICES CORP COLONIAL LIFE & ACCIDENT INS CO ALLSTATE AM0"l T 10,000.00 15,000.00 27,925.23 10,106.10 31.86 292.22 63,355.41 39 CONSENT AGENDA titin tar BCC Meeting 01-09-2018 f ~rbc INDIAN RIVER COUNTY, FLORIDA t1' ` AGENDA ITEM #� �* Assistant County Administrator / Department of General Services Date: December 18, 2017 To: The Honorable Board of County Commission Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: David Fleetwood, Parks Division Superintendent Subject: Work Order No. 5, Masteller & Moler, Inc., 58t' Avenue Ballfield Renovation and Expansion Project DESCRIPTION AND CONDITIONS On December 13, 2016, the Board of County Commissioners approved a ranked list of future County Park and Recreation Improvements. The highest ranked project on that list is the 58t` Avenue Ballfield Renovation and Expansion Project, located within the County's Kiwanis Hobart Park at 5350 77�h Street. The project involves upgrades to the existing youth softball and baseball fields as well as construction of the County's first high school dimensioned baseball field. In addition, new restrooms, a concession stand, and ADA compliant access are proposed. On October 24, 2017, the Board of County Commissioners approved a 3 -month extension to an existing Continuing Contract for Professional Services, approved November 4, 2014, with Masteller & Moler Inc., extending the Contract until February 15, 2018. The purpose of Work Order No. 5 is to provide design service for the expansion and renovation of ballfields and associated facilities at the 58"' Avenue Ballfield site, located within Kiwanis Hobart Park. FUNDING Funding is budgeted and available in Account: MSTU Fund/Parks/58th Avenue Ballfield 00421072-066510-18001 $66,025.00 Renovation & Expansion RECOMMENDATION Staff recommends approval of Work Order No. 5 to Masteller & Moler, Inc. authorizing the professional services as outlined in the Scope of Services of Work Order No. 5, and requests the Board authorize the Chairman to execute Work Order No. 5 on their behalf for a total lump sum amount of $66,025.00 DISTRIBUTION Masteller & Moler, Inc. ATTACHMENTS Work Order No. 5 40 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: WORK ORDER NO. 5 (Engineering) FOR PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING SERVICES CONTRACT WITH Masteller & Moler, Inc. HOBART PARK BASEBALL FIELDS - IRC Project No. 1759 This Work Order No. 5 is in accordance with the existing AGREEMENT dated November 4th, 2014 and the Extension of Continuing Contract Agreement dated October 24th, 2017 between Masteller & Moler, Inc. (ENGINEER) and Indian River County (COUNTY). This Work Order No. 5 amends the agreement as follows: SECTION I - PROJECT LIMITS This Work Order No. 5 is for the ENGINEER to perform professional engineering services in connection with the planning, design, and permitting of the conversion of one (1) of the existing two (2) softball / little league regulation style fields to a Pro/College/High School (College) regulation style baseball field. In addition, one (1) new softball / little league regulation style field, an infield practice area, and replacement of the existing concession / restroom facilities are proposed. The development limits shall be defined as the portion of Hobart Park situated on the east side of 58th Avenue (Kings Highway) at 77th Street (Hobart Road) west of the Indian River Farms Lateral G canal. The portion of Hobart Park at the northeast corner of 581h Avenue (Kings Highway) and 77th Street (Hobart Road) currently contains two (2) softball / little league regulation style fields. It is understood Indian River County desires to make modifications to the northern field to convert it to a Pro/College/High School (College) regulation style baseball field including modified site lighting. The dimensions of the College field shall meet the criteria of "Rule 1 / The Game, Playing Field and Equipment" in Baseball 2017 and 2018 Rules as published by the National Collegiate Athletic Association (NCAA). The southern of the two (2) existing fields is to remain unchanged in its current position and will not be lighted. A new softball / little league regulation style of the same size as the existing southern field is to be added and situated facing east between the modified northern and existing southern fields. The existing concession / press box / restroom facilities on the current north field are proposed to be demolished and replaced with more appropriately sized modernized facilities. The new concession / press box / restroom facilities will be connected to Indian River County's potable water and wastewater systems. The project will include adequately sized restroom facilities that are also ADA compliant. 41 The site is proposed to be provided with an infield practice area directly west of the existing southern field. Stabilized field parking is proposed to be located to the north of the infield practice area with sufficient concrete paved spaces to accommodate ADA requirements. Concrete sidewalks meeting ADA standards shall be provided from the ADA parking stalls to ADA seating at bleachers for each of the three (3) planned fields. Stabilized field parking with no specific alignment will also be planned north of the College style field. The parking areas will be accessed from 58th Avenue (Kings Highway) by new driveway connections. The existing driveway access to the site on 77th Street (Hobart Road) is intended to be gated / closed to public access. The project will include properly sized concrete pads for bleachers. The bleachers shall be provided by County. The portions of the concrete pads for pedestrians will meet ADA regulations. The site's stormwater treatment and attenuation system will be provided by an expansion to the existing dry retention system on the east side of the Parks Division Main Office. 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. 5 as follows: Schematic Desien: We shall develop a Conceptual Site Plan depicting the proposed horizontal location of the planned baseball fields and vertical construction improvements along with locations for supporting parking, infield practice area, site lighting for the north and east fields, ADA compliant parking spaces and pedestrian sidewalks, and driveway connections to 58th Avenue. Floor plans for the design for the vertical construction elements consisting of the new concession / press box / restroom facilities will be provided by an architectural sub -consultant based on an agreed upon programming schedule. We anticipate using Donadio & Associates for the architectural services on this project. The Conceptual Site Plan shall be submitted to County for review and comment. We shall make reasonable revisions to the Conceptual Site Plan to address comments. Once the Conceptual Site Plan has been approved by the County it shall be considered the approved Base Plan for the project. Design Development: Following approval of the Conceptual Site Plan, we shall develop Preliminary Site Plan horizontal & grading designs for the project to include the existing southern baseball field, new northern College style field, and new east Softball / Little League field along with supporting parking facilities, infield practice area, site lighting, ADA compliant parking & pedestrian sidewalks, driveway connections to 58th Avenue, water & wastewater services, and landscape improvements. The Preliminary Designs will depict both horizontal and vertical information for the proposed site work improvements. The Preliminary Site Plan shall be supported by a Stormwater Management Report containing treatment and attenuation modeling and storm conveyance computations. The computations will also include flood balance calculations (if required). It is understood the County prefers the stormwater system to be an expansion of the existing dry retention system which serves the Parks Division Main Office. 42 The Preliminary Site Plan will be supported by a Sewage Lift Station Report containing computations for sizing the selected pumps adequate to handle the peak flows expected from the project. The Preliminary Site Plan will include a Landscape Plan meeting Indian River County's code. The Landscape Plans, we anticipate will be prepared by our landscape sub -consultant, Sartain & Associates. The Preliminary Site Plan will include the locations for site lighting poles for the new College field and new softball field. The design of the site lighting facilities including signed and sealed structural designs for the poles and lighting contours, we anticipate will be provided by the lighting equipment vendor at no cost to the County. We will, however, utilize the services of our electrical sub -consultant to provide the designs for extension of power to the new lighting facilities. (No additional site lighting fixtures are proposed for the grass parking areas to the north of the College level field. It is understood the College level field lighting will provide sufficient spillover.) The Preliminary Site Plan will include the location for properly sized concrete pads to support bleachers. The structural design of the concrete slabs will be designed by our structural sub -consultant, ML Engineering. (The bleachers we understand will be provided by the County. The design of the bleachers is not included in our scope and/or fees.) Permitting / Construction Plans: The Preliminary Site Plan designs shall be submitted to the County for review and comment and shall also be used for acquisition of approvals / permits for the project. We shall make reasonable revisions to the Preliminary Site Plan design to address comments from the County and permitting agencies. We shall make application for approvals / permits for this project as follows: Indian River County Site Plan Approval Indian River County Land Clearing Permit Indian River County Tree Removal Permit Indian River County Type B Stormwater Permit Indian River County Utilities Permit Indian River County Right -of Way Permit (Driveway & Water/ Wastewater) Department of Health Onsite Sewage Disposal System Abandonment Permit St. Johns River WMD Environmental Resource Permit Florida DEP Water General Permit Florida DEP Wastewater Permit Indian River Farms WCD Drainage Connection Permit (if Required) It is anticipated the addition of one (1) little league field to the site will not result in a need for a Traffic Impact Analysis for this project. We shall address reasonable comments received from approval / permitting agencies regarding our designs. Once the comments have been addressed and all approvals / permits issued, the plans shall be considered Final Site Plans. We shall provide sets stamped "Bid Sets" as outlined under the Deliverables section of this proposal. Our Proposal fees do not include addressing environmental comments pertaining to wetlands and/or threatened and endangered species issues. It is understood these environmental services, if needed, will be provided by the County Environmental Staff. 43 The selected Contractor for the project shall be responsible for acquiring and adhering to an NPDES Soil Erosion and Sediment Control permit. 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: 1. Boundary, Topographic & Tree Survey in Autocadd with topographic survey information on NAVD'88 datum; 2. Soils Investigation to support the Stormwater System Designs; 3. Bleacher Plans with Dimensions; 4. Site Lighting Signed & Sealed Structural (Poles) & Electrical Plans (Fixtures) from Lighting Vendor Any and all items not specifically set forth in this Work Order are excluded. Specifically excluded items include but are not limited to: application fees, irrigation plans, and construction services. SECTION III -TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: Schematic Design 20 Working Days Design Development 30 Working Days Permitting/ Construction Plans 90 Working Days 2. Deliverables — The ENGINEER shall provide the COUNTY: a. Preliminary Construction Plans 2 Sets b. Final Construction Plans (Bid Sets) 10 Sets c. Permit Application Forms As Required d. Related digital AutoCAD and PDF files SECTION IV - COMPENSATION The COUNTY agrees to pay, and the ENGINEER agrees to accept a maximum not -to -exceed amount of $ 66,025.00 for the above-described services rendered as identified in Sections I and II of this Work Order No. 5 based on the following: Civil Engineering $ 40,600.00 Architectural Sub -Consultant * $ 16,675.00 Structural Design (Bleacher Slabs Only) $ 1,725.00 Landscape Sub -Consultant $ 4,025.00 Reimbursables ** (not to exceed) $ 3,000.00 Total Maximum Amount Not -To -Exceed $ 66,025.00 *Architectural fees include mechanical / electrical / plumbing / structural fees for the structures. **Reimbursement for payment of direct costs, including reproduction, copies, prints, mail, Fed -Ex, etc. is estimated at $ 3,000.00. Actual cost will vary depending on quantity provided. We shall invoice monthly for these services based on the percentage of completion of each task. 44 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 or based upon a negotiated lump sum. We anticipate once the project scope has been better defined, if desired the following services may be added as "Additional Services": Pressurized Reuse Water Main Extension, Irrigation System Designs, Bidding Assistance, and Construction Services. 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 20 CONSULTANT: MASTELLER OILER, INC By: By: Stephen E. oler, PE Title: Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 8CONSENT: 1/9/2018 A . Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners �✓ FROM: Dylan Reingold - County Attorney 9` DATE: December 27, 2017 ATTORNEY RE: Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation Section 125.68, Florida Statutes requires that each county maintain a current codification of all ordinances, which must be published annually by the Board of County Commissioners. Once codified, the Code is the best evidence of the current law of the County. The Code is codified through adoption of an ordinance; adoption of the ordinance must be preceded by public hearing. FUNDING: The only cost associated with this item is the advertising cost for the public hearing which is estimated to be no more than $150.00 and is available from the County Attorney's budget/Other Professional Services; Account No. 00110214-033190. REQUESTED ACTION: Authorize staff to advertise for a public hearing on January 23, 2018 to amend Section 100.03(4) of the Indian River County Code. nhm 46 CONSENT: 1/9/2018 ffice 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 THROUGH: Vincent M. Burke — Utilities Services Director FROM: William K. DeBraal — Deputy County Attorney P340 DATE: December 26, 2017 SUBJECT: Acceptance of Easements for Utilities with respect to Sebastian Medical Suites Commercial Subdivision, Located Within the City of Sebastian Property fronting the west side of U.S. Highway 1, within the City of Sebastian, and located immediately south and adjacent to St. Sebastian Catholic Church is being platted as Sebastian Medical Suites Commercial Subdivision. The developers, Health Systems of Indian River, Inc., Sebastian Medical Suites, LLC, and PNC Bank, are dedicating various utility easements located on the property to the Board of County Commissioners of Indian River County via the plat and, as such, the Board will need to formally accept those utility easement dedications. A copy of the proposed plat is attached. Staff has been involved both in the coordination and review process with the City of Sebastian with respect to the utility easements, and recommends that the Board of County Commissioners accept the utility easements. FUNDING: There is no expenditure of County funds with regard to this matter. RECOMMENDED ACTION: Staff recommends that the Board of County Commissioners accept the dedication of the various utility easements set forth on the plat of Sebastian Medical Suites Commercial Subdivision, and authorize the Chairman to execute the plat with regard to such acceptance. /nhm Attachment: proposed plat 47 F w " ° F 70 VyF°w5om, w �Yy�°ym4";wi° �> h W F:WWWaa3��o 2 Si,SSG i aC 'oa $ w <aWwa m CmF�m��s-7m= ��s m �=s�ssz N iE'" R_mLU �z .'n�°��$°a �°�S°o�.z. ytl3$ �n`W">m�b$<4 $ � �' t✓,i " 2 y u�3wizu6n� i"$.�as� M Cmm $ n v Mmoil <� Ym.3on - M$3 m> a UT Y x H p 3Q�a5 7F�o s'"E4 I 'x Z O �/^/�yZ '/Z O m p ' J Q <gz�.-o z QJ z¢ NO — WgLLB°n " #" a i Ez y I'Wo "Iom g a w a a= Hal=3 ff w " > w ` m W o3� Z. 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MS jo a g��§t�a 4� IP”31, n' n aso nre'r9zeau r 3 Ixlnxr) flrrmaa I g � $ I •. --�- .6L'Z6C 3.OSb6.rYS 3NIIHOidW 51 £ 3 e � LL' < $g W o L� 2 yQ� 3u 6 .Y ZWi��n W r a �� m Q ae b a ya asa 4 O x-142 LU mw = .:: _Q 0.a ¢aE�aaooa'��a _ 0 m�LLy - a O ZZ C/)O w C W I �+ vJ N C^ J�W _- i CS l Z W M39FRO. w ¢ Y �aBBe® > _ O v VJ � O � � � ¢� W m'a >_ d.6L"ZVE 3.0%6t."S 3NIIHOiVVY g3g Z F7 IL D_ Z O K o L1ix'nl/� U¢ N Z N^qq BQ01 MYd19f1 HNn ��' 4lQpTN J I 2 Y1 Z¢� T gS NL 5Y7 7JY AYA Y s 4 (7 a' O $r o8« amen `^E I Z $_ ° a LL w o N NW a s gipjrof R ! ti 0g - W O m gg Lu a�8o c < LL ¢ Wi8g� Ca^ G o = g O ; zo U C�ow�O ¢ Z U m 2 0 WLL w f O Q N _ lz�ooNa oz U) J tiV i y U W J Q O U U' ¢W U Woh o C) 0 a v �h m ¢�- O YF - 5 �Q a gC i O tJi0p J m IJ J ucwuvcvrm IK or zQ a � a o I y�!= o — — ` _ _ .._ _ .r —.'- ao' unm tnstNtr'r U ftS ! _ —7 PA9 I�65 0 10' 7niir FAffNEN' 08- &7 . i NSI'JAU TJ'N d18' VSK 347.87' Q N53 °38'23"W N331BTJ d 17761' 0 co 'W^ F E.CG AJLOOADAY V) I 160 52 CONSENT: 1/9/2018 Of ce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners ATTORNEY FROM: William K. DeBraal - Deputy County Attorneyw/ DATE: December 27, 2017 SUBJECT: Resolutions Cancelling Taxes on Properties Purchased by Indian River County for Public Purposes Resolutions have been prepared for the purpose of cancelling any delinquent or current taxes which may exist on the following properties purchased by Indian River County for public purposes: 1. Property purchased from Janie Greene, Ellis Greene and Kathleen F. Greene and fully described in that certain Warranty Deed recorded in Book 3025, Pages 2176- 2178 of the Public Records of Indian River County, Florida for construction of a regional stormwater facility to remove pollution from Indian River Farms Water Control District's North Relief Canal. 2. Property purchased from Randy and Diane Lott and fully described in that certain Warranty Deed recorded in Book 3057, Pages 994-995 of the Public Records of Indian River County, Florida for 66"' Avenue right-of-way and stormwater treatment in connection with the 66th Avenue Widening Project. 3. Property purchased from SBA Towers III LLC and fully described in that certain Warranty Deed recorded in Book 3072, Pages 1748-1750 of the Public Records of Indian River County, Florida for 65th Street right-of-way in connection with the 66th Avenue Widening Project. 4. Property purchased from G & T LLC and fully described in that certain Special Warranty Deed recorded in Book 3080, Page 1550 of the Public Records of Indian River County, Florida for courthouse related expansion. 53 FUNDING: There are no costs associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the four Resolutions to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: 4 Resolutions cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser 2 54 purchase for the construction of a regional stormwater facility to remove pollution from Indian River Farms Water Control District's North Relief Canal from Janie Greene, Ellis Greene and Kathleen F. Greene RESOLUTION NO. 2018- 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 55 RESOLUTION NO. 2018 - 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 any and all liens for taxes delinquent or current against the following described lands, which were purchased from Janie Greene, Ellis Greene and Kathleen F. Greene, for construction of a regional stormwater facility to remove pollution from the Indian River Farms Water Control District's North Relief Canal, are hereby cancelled pursuant to the authority of section 196.28, F. S. See attached Warranty Deed describing lands, recorded in O.R. Book 3025 at Page 2176, Public Records of Indian River County, Florida. 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 Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 56 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller in Deputy Clerk Peter D. O'Bryan, Chairman Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO FORM AND L GALS FF I N SY WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 3 57 3120170028551 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3025 PG: 2176,'5118/2017 3:57 PM D DOCTAX PD $3,912.30 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 47083096 Property Appraisers Parcel Identification (Folio) Number: 32-39-17-00001-0130-00001/0 and 32-39-17-00001-0130-00002/0 Florida Documentary Stamps in the amount of $3,912.30 have been paid hereon. Space above this line for Recording Data WARWNT Y DEED THIS WARRANTY DEED, made the r day of May, 2017, by Janie Greene, Ellis Greene and Kathleen F. Greene, as their interests may appear, whose post office address is 2075 38th Avenue, Vero Beach, Florida 32960, herein called the Grantors, to Indian River County, a political subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, Florida 32%0, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantors, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: SEE EXHIBIT "A" ATTACHED HERETO AND MADE APART HEREOF The Grantors herein warrant and aver that the Grantors do not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of Grantors' family dependent upon Grantor for support. Subject to easements, restrictions and reservations of record and taxes for the year 2017 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2016, File No.: 470830% LTF BK: 3025 PG: 2177 Parcel 1: Exhibit "A" LEGAI, DESCRIPTION The West 10 acres of Tract 13, Section 17, 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 25, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida, LESS and EXCEPT the North 125 feet and ALSO LESS and EXCEPT the North 50.00 feet of the South 80 feet thereof. Parcel 2: The West 11.32 acres of the East 28.96 acres of Tract 13, Section 17, 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 25, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida, LESS and EXCEPT the North 125 feet and ALSO LESS and EXCEPT the North 50.00 feet of the South 80 feet thereof. File No.: 47083096 LIF 59 BK: 3025 PG: 2178 IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. State of Florida County of Indian River (Seal) JanY Greene (Seal) Ellis reene (Seal) thleen F. Greene The foregoing instrument was acknowledged before me this day of May, 2017, by Janie Greene, Ellis Greene and KathlAen F. Greene, as their interests may appear, w o are personally known to me or have produced y as identification. SEAL C Notary Public My Commission Expires: Printed Notary Name �N..Y JASON A. BEAL Notary Public - State o1 Florida �'. M Commission i GG 017550 ,,,o�� o,,• y Comm. Expires Oct 11, 2020 BondedtDro�gh MationaiNotary Assn File No.: 47083096 LTF 60 purchase for 66th Avenue right-of-way and stormwater treatment from Randy and Diane Lott (66th Avenue Widening Project) RESOLUTION NO. 2018- 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 61 RESOLUTION NO. 2018 - 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 any and all liens for taxes delinquent or current against the following described lands, which were purchased from Randy and Diane Lott, for 66th Avenue right-of-way and stormwater treatment in connection with the 66th Avenue widening project, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3057 at Page 994, Public Records of Indian River County, Florida. 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 Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 62 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA In Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding ,/ Yes No Current Prorated Tax Received and Deposited with Tax Collector $_ WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 3 63 31 201 7005481 2 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3057 PG: 994,9/25/2017 9:05 AM D DOCTAX PD $2,240.00 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21 st Street, Suite C Vero Beach, Florida 32960 Our File No.: 47083412 Property Appraisers Parcel Identification (Folio) Number: 32-39-06-00001-0080-00001/0 Florida Documentary Stamps in the amount of $2,240.00 have�een paid hereon. Space above this line for cording Data I WARRANT' DEED THIS WARRANTY DEED, made the 41 day of Septembgr, 2017, by Randy Lott and Diane Lott, husband and wife, whose post office address is 53 Joy Haven Drive, Sebastian, Florida 32958, herein called the Grantors, to Indian River County, a political subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the Grar tee: ( Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assi ns of corporations) W I T N E S S E T H: That the Grantors, for and in consideral ion of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowle ged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certa in land situate in INDIAN RIVER County, State of Florida, viz.: The North 1/2 of Tract 8 in Section 6, Township 32I South, Range 39 East, Indian River Farms Company Subdivision, according to the plat thereof, recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, said land now lying and being in Indian River County, Florida. LESS AND EXCEPT all that land described in Official Recrds Book 2319, Page 147, Public Records of Indian River County, Florida. Subject to easements, restrictions and reservations f record and taxes for the year 2017 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authorityito sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2016. File No.: 47083412 No 64 BK: 30.57 PG: 995 IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. and.dflivvs®fl in the presence of: #2 Ra d Lott (Seal) Diane Lott State of Florida County of Indian River The foregoing instrument was acknowledged before me this/ day of September, 2017, by Randy Lott and Diane Lott, who are personally known to me or have produced Li as identification. I SEAL Notary Public Printed Notary Name My `,,OIFRY PVe, JASON A. Notary a� `LS•A,',c BMy uGOBGeAIPublic - St, Commission Florida 017550Conm Expiresondednrogb Nationct 11. 2020 al Notary Assn File No.: 47083412 VU 65 65th Street right-of-way purchase from SBA Towers 111 LLC for 66th Avenue Widening Project RESOLUTION NO. 2018- 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 66 RESOLUTION NO. 2018 - 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 any and all liens for taxes delinquent or current against the following described lands, which were purchased from SBA Towers III LLC, for 651h Street right-of-way in connection with the 66th Avenue widening project, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3072 at Page 1748, Public Records of Indian River County, Florida. 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 Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 67 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller la Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO FORS! AN- ALrFF IEN BY WILLIAM k. D BRAAL DEPUTY COUNTY ATTORNEY 3 68 3120170067532 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3072 PG: 1748,11/27/2017 4:00 PM D DOCTAX PD $183.40 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 47083500 Property Appraisers Parcel Identification (Folio) Number: 32-39-08-00001-0050-00001/0 Florida Documentary Stamps in the amount of $183.40 have been paid hereon Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the 24 day of November, 2017, by SBA Towers III LLC, a Florida limited liability company, whose post office address is 8051 Congress Avenue, Boca Raton, FL 33487, herein called the Grantor, to Indian River County, A Political Subdivision of The State of Florida whose post office address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns ofcorporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: Right of way Parcel The North 30.00 feet of the South 80 feet of the following described Parcel as recorded in Official Records Book 822, Page 799, Public Records of Indian River County, Florida. The West 20 acres of Tract 5, Section 8, Township 32 South, Range 39 East, according to the Plat of Indian River Farms Company filed in the office of the clerk of the circuit court of St. Lucie County, Florida, in Plat Book 2, Page 25, now part of the records of Indian River County, Florida. TOGETHER with a non-exclusive access easement over all that certain land situate in INDIAN RIVER County, State of Florida, viz.: Access easement All that certain piece, Parcel or Tract of land situate, lying and being in Section 8, Township 32 South, Range 39 East of the Tallahassee Base Meridian, Indian River County, Florida. Said lands being more particularly described as follows, to wit: Commencing for reference at the West Quarter corner of said Section 8, thence, bearing North 00 degrees 00 minutes 25 seconds East, a distance of 79.87 feet to a point; thence, bearing South 89 degrees 59 minutes 35 seconds East, a distance of 50.00 feet to the point and place of beginning of the herein described Parcel; thence, bearing North 00 degrees 00 minutes 25 seconds East, a distance of 25.00 feet to a point; thence, bearing South 89 degrees 50 minutes 23 seconds East, a distance of 100.00 feet to a point; thence, bearing South 00 degrees 00 minutes 25 seconds West, a distance of 25.00 feet to a point; thence, bearing North 89 degrees 50 minutes 23 seconds West, a distance of 100.00 feet to the Point of Beginning. Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. File No.: 47083500 LTF 69 BK: 3072 PG: 1749 TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. igned, sealed and delivered ' the presence of: `,t u, �f.(�----� SBA Towers III LLC, a Florida limited itness #1 Signature liabilit eompan IA N1oNie� �. �w1J Ate. 7�L� (Sea]) Witness #I Printed N e Sl^AitarLS. SrhwM*rt,itsY•P. 4,Ascor.Ggf.'�ui Cava Witness #2 Sig re A Witness #2 Printed Name State of Florida County of ST $ ft q n,dYt S . Ste+ WA A-T•Z The foregoing instrument was acknowledged before me this It day of November, 2017, by / , the %Y• p. , of SBA Towers III LLC, a Florida limited liability company, who �rsonafy� known me or has produced t 1,0-- as identification. SEAL ary Pu 1' ta• Pr, ted Notary Name My Commission Expires: g, ! •+,� TAMMY L MASTR£LU • 1 MY COMMISSION # 00109M �• o EXPIRES: August 21, 2021 t'�NPt 8 0� 'I,- "a," PU140 ""I" File No.: 47083500 LIF 70 BK: 3072 PG: 1750 o vm{ r r r r C C K Q �m I'ZI;o Det m-1 N W -m ��N > ;u a zDz 14 zz X m i � 1L 0 to zMz 5 o in r yo m >vN,�c m r�rl* n A v� > W O tan z u' z m �� m z m g Otp DA o f mn n = _ � -tet o -c-1 z 0 D O A rz -i D s z n p y � q � O O z O� rn m o 0< v D to _ o I I r r r r C n� -m mz ;u a I i 14 zz X m i � 1L aa0,Ao�° n �m��"y'm 200 rn t -Zi z r" � F5 -v -0 � --A;u rA-o00 m may ziC A A z mit° IM > ArCm D� D zZ z z Z �mm '5m m m c� m� O A Z D z { i aOD a r r r r r r C $ p mz r C $$$$ovum D (D m CDO p Z m W Otp ti+ o C m D A a s z n rn r1i 0 A TRL°zl COPY VfP I,i t •r. UM 3.h. S.M11TH, CL -.53K. o� m w AI ! Z ci I �1 rn i PROPOSED RIGHT OF WAY O N nj 7 I X z D�n C, z m 81N 1C oro � Za a t" o �cn m ILA O 65th AVENUE N rnX X 71 purchase of Lots 6 and 7, Block 44, Town of Indian River a/k/a Original Town of Vero (now Vero Beach) from G & T LLC for courthouse related expansion RESOLUTION NO. 2018- 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 72 RESOLUTION NO. 2018 - 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 any and all liens for taxes delinquent or current against the following described lands, which were purchased from G & T LLC, for courthouse related expansion, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Special Warranty Deed describing lands, recorded in O.R. Book 3080 at Page 1550, Public Records of Indian River County, Florida. 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 Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 73 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller in Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO FORM AN GAL S FI NCY BY WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 3 74 3120170074185 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FI, BK: 3080 PG: 1550,12/26/2017 10:46 ANI D DOCTAX PD S3,150.00 After Recording Return to: Giselle Breto Best Practices T lle, LLC 2100 Ponce de Leon Blvd Suite 1180 Coral Gables, FL 33134 This Instrument Prepared by: Giselle Breto Best Practices Title, LLC 2100 Ponce de Leon Blvd Suite 1180 Coral Gables, FL 33134 as a necessary incident to the fulfillment of conditions contained in a title insurance commitment issued by it. Property Appraisers Parcel I.D. (Folio) Number(s): 33390200001044000006.0 and 3339020000104400007.0 File No.: 20171117 SPECIAL WARRANTY DEED This Special Warranty Deed, Made the 21 st day of December, 2017, by G 8r T LLC, a Florida limited liability company, having its place of business at: 500 Loretto Avenue, Coral Gables, FL 33146, hereinafter called the "Grantor", to Indian River County, a political subdivision of the State of Florida, whose post office address is: 2015 16 Ave., Vero Beach, FL 32960, hereinafter called the "Grantee". WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars and No Cents ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Indian River County, Florida, to wit: Lots 6 and 7, Block 44, Town of Indian River a/k/a Original Town of Vero (now Vero Beach) according to the plat thereof, as recorded in Plat Book 2. Page 12, of the Public Records of St. Lucie, County, Florida, said lands now lying and being in 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. GRANTOR WILL WARRANT and forever defend the right and title to the above-described real property unto the Grantee against the claims of all persons, claiming by, through or under Grantor, but not otherwise. (Wherever used herein the terms "Grantor' and "Grantee" included all the parties to this instrument and the heirs, legal representatives and assigns of the individuals, and the successors and assigns) IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES TWO SEPARATE DISINTERESTED WITNESSES REQUIRED Witness Signature: Printed Name: e59hf�2 T° Witness Signature. Printed Name: y�� . /: 0 M29 State of Florida County of Miami -Dade G & T LLC, A FLORIDA LIMITED LIABILITY C MPANY Satira A. Mekras Manager The foregoing instrument was acknowledged before me this 21st day of December, 2017 by Mekras as Manager of & T LLC, a Florida limited liability company, on behalf of the company. is personally known o e or has produced driver license(s) as identification. My Commission Expires: Notary PubTic Signature (SEAL) Printed Name: 'Hips Gist331EBIMTO commis" l GG 150270 E?0'OtESNownEer20,2021 flailedTheN-yPretetw-WI n Satira A. He/She File No.: 20171117 Page 1 of 1 75 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Etta LoPresti, Emergency Management Coordinator Department of Emergency Services DATE: December 18, 2017 SUBJECT: Approval of Resolution Adopting the Indian River County Emergency Plan for Hazardous Materials It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On August 15, 2017 the county commission approved the 2017/2018 State Funded Subgrant Agreement to update Indian River County's Hazards Analysis. The agreement provided adequate funding for the Emergency Management Division to review and modify our Indian River County Emergency Plan for Hazardous Materials. The updated plan was submitted to the Florida Division of Emergency Management for review. The submitted plan, consisting of over 800 pages, is measured against compliance criteria established by provisions of Section 303 (g) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and administrative rulings by the State Emergency Response Commission. Per our agreement, the plan is reviewed annually. Currently, Indian River County has 28 agencies which meet the threshold of SARA reporting and review by the Emergency Management Division. On December 1, 2017, the Emergency Management Division was notified by the Florida Division of Emergency Management that our modifications meet the criteria outlined in our Scope of Work and is therefore approved. The Board of County Commissioners' adoption of this plan finalizes the grant agreement between Indian River County and the Department of Community Affairs/Division of Emergency Management. 76 FUNDING: This is a 100% funded agreement to update the county's hazards analysis and review/update the Indian River County Emergency Plan for Hazardous Materials. No match is required by Indian River County. RECOMMENDATION: Staff recommends approval of the attached Resolution and the 2018 Indian River County Emergency Plan for Hazardous Materials. ATTACHMENTS: Resolution approving 2018 Indian River County Emergency Plan for Hazardous Materials. 2. Approval letter from Florida Division of Emergency Management dated December 1, 2017. **Due to its size, the 2018 Plan is on file at the Department of Emergency Services and the Board of County Commissioners Office** 77 RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE INDIAN RIVER COUNTY HAZARDOUS MATERIALS EMERGENCY PLAN WHEREAS, Chapter 252, Florida Statutes, assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response and recovery; and WHEREAS, with the enactment of the Emergency Planning and Community Right -To -Know Act of 1986, Congress imposed upon local emergency planning committees and local governments additional planning and preparedness requirements for response to emergencies involving the release of hazardous materials; and WHEREAS, each county within a Local Emergency Planning District is required to develop a hazardous materials emergency response plan for to become a component part of the Local Emergency Planning District Plan; and WHEREAS, Indian River County's Hazardous Materials Emergency Plan has been reviewed and approved by the Florida State Emergency Response Commission for Hazardous Materials as meeting the criteria for such plans established by the Administrator, United States Environmental Protection Agency and the National Response Team; and WHEREAS, this plan is intended to provide the framework for the development of detailed operating procedures by first response public safety agencies charged with the responsibility of protecting the public's health and safety from the discharge or release of extremely toxic chemicals. 78 RESOLUTION NO. 2018 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Indian River County's Hazardous Materials Emergency Plan is hereby adopted. 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 Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chair thereupon declared the Resolution duly passed and adopted this day of , 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Approved as to Form and Court and Comptroller Legal Sufficiency: By: Deputy Clerk William K. DeBraal Deputy County Attorney 79 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT WESLEY MAUL Governor Interim Director Memorandum To: Counties and LEPC'S From: Donna Ray, Contract Manager Date: December 1, 2017 RE: Hazard Analysis Updates The Florida Division of Emergency Management (DEM) has completed its review of the 2017/2018 Hazards Analysis updates. The evaluation indicates the analysis meet the criteria outlined in the contract. Please note that in order to fulfill all requirements of the contract, proof of distribution to the Local Emergency Planning Committee and proof of notification of the availability of the Hazards Analysis information to Section 302 facilities/response agencies and a final version of the data is required to be up -loaded to "SharePoint by June 30, 2018. If you have any questions or require additional assistance, please contact me at (850) 815-4314. DIVISION HEADQUARTERS STATE LOGISTICS RESPONSE CENgOR 2555 Shumard Oak Blvd Tel 850-815-4000 2702 Directors Row Tallahassee, FL 32399-2100 www.FloridaDisaster.orc Orlando, FL 32809-5631 S Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: December 28, 2017 Subject: Miscellaneous Budget Amendment 003 Description and Conditions 1. On December 5, 2017 the Board of County Commissioners approved funding $319,430 from the 911 Surcharge Fund/Cash Forward Oct 1St for the E911 call -taking equipment upgrade and text to 911 project. Exhibit "A" appropriates these funds. 2. On December 5, 2017 the Board of County Commissioners approved $20,000 for the demolition and removal of unsafe structures on four residential sites. Exhibit "A" appropriates funding in the amount of $20,000 from MSTU Fund/Reserve for Contingency. 3. On November 21, 2017 the Board of County Commissioners accepted monetary grants for the Recycling Pilot Program within the Indian River County School District. Exhibit "A" appropriates these grant funds totaling $7,500. 4. On November 7, 2017 the Board of County Commissioners accepted the 2017/2018 Community Emergency Response Team (CERT) sub -grant in the amount of $7,000. Exhibit "A" appropriates these grant funds. 5. On November 14, 2017 the Board of County Commissioners approved the 2017/2018 EMS County Awards Grant in the amount of $24,659. Exhibit "A" appropriates these grant funds. 6. Due to an increase in taxable value after the Fiscal Year 2017/2018 budget was adopted, an increase in the Community Redevelopment Districts has become necessary. Exhibit "A" appropriates funding in the amount of $3,651 from General Fund/Reserve for Contingency. 7. On September 19, 2017 the Board of County Commissioners approved Work Order No.4 with Morgan and Eklund for Post Hurricane Irma Beach Profile Surveys. Exhibit "A" appropriates funding in the amount of $55,000 from Beach Restoration Fund/Cash Forward Oct 1St 8. On September 19, 2017 the Board of County Commissioners approved expenditures for the Emergency Management Federally Funded Subgrant Agreement (EMPG) in the amount of $77,858. Exhibit "A" appropriates these grant funds. 9. On September 19, 2017 the Board of County Commissioners approved expenditures for the Emergency Management State Funded Subgrant Agreement (EMPA) in the amount of $37,389. Exhibit "A" appropriates these grant funds. Board of County Commissioners Page 2 of 2 December 28, 2017 10. Due to a change in the monthly Juvenile Justice expenses that occurred after the Fiscal Year 2017/2018 budget was adopted, an increase of $9,300 has become necessary. Exhibit "A" appropriates these funds from General Fund/Reserve for Contingency. 11. On August 15, 2017 the Board of County Commissioners approved the 2017/2018 State Funded Subgrant Agreement to Update Indian River County's Hazards Analysis. Exhibit "A" appropriates these grant funds totaling $2,848. 12. On October 3, 2017 the Board of County Commissioners approved a 2017 House Appropriations Grant in the amount of $1,234,286 and a Fiscal Year 2017 TMDL Water Quality Restoration Grant in the amount of $1,200,000 for the Osprey Acres Floway and Nature Preserve. Exhibit "A" appropriates funding totaling $2,434,286 for these grants. 13. On October 24, 2017, the Board of County Commissioners approved a Local Agency Program (LAP) Grant Agreement for the construction of a 5 -foot wide concrete sidewalk along the west end of Indian River Boulevard from 37th Street to 53rd Street. Exhibit "A" appropriates funding the grant amount of $ 416,720. 14. Human Services has received a $500 donation from Florida Power & Light to purchase medicine for families in need of assistance. Exhibit "A" appropriates these funds. Staff Recommendation Staff recommends that the Board of County Commissioners approve the attached resolution amending the fiscal year 2017/2018 budget. RE RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2017-2018 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2017-2018 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2017-2018 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2017-2018 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2018. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Peter D. O'Bryan, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATT6VNEY Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 003 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue 911 Surcharge Fund/Non-Revenue/Cash Forward Oct 1st 120039-389040 $319,430 $0 Expense 911 Surcharge Fund/Communication Center/EDP Equipment 12013325-066470 $319,430 $0 2. Expense MSTU Fund/Road & Bridge/Other Contractual Services 00421441-033490 $20,000 $0 MSTU Fund/Reserve/Reserve for Contingency 00419981-099910 $0 $20,000 3. Revenue SWDD/Miscellaneous/School Recycling Program Grants 411038-366045 $7,500 $0 Expense SWDD/CC & Recycling/Other Operating Supplies/School Recycling Program 41125534-035290-18802 $7,500 $0 4. Revenue General Fund/Intergovernmental/FY17 CERT Grant 001033-331200-17814 $7,000 $0 Expense General Fund/Emergency Management/Other Operating Supplies/FYI 7 CERT Grant 00120825-035290-17814 $7,000 $0 5. Revenue Emergency Services District/Intergovernmental/EMS County Awards Grant 114033-334290 $24,659 $0 Expense Emergency Services District/Fire Rescue/Other Operating Supplies/EMS County Awards Grant 11412022-037310 $24,659 $0 6. Expense General Fund/Redevelopment District/Sebastian Redevelopment 00113719-088220 $3,151 $0 General Fund/Redevelopment District/Fellsmere Redevelopment 00113719-088221 $500 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $3,651 7. Revenue Beach Restoration Fund/Non-Revenue/Cash Forward Oct 1st 128039-389040 $55,000 $0 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 003 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Expense Beach Restoration Fund/Other Contractual Services/Hurricane Irma 12814472-033490-17026 $55,000 $0 8. Revenue General Fund/Intergovernmental/Emergency Management Performance Grant 001033-331231 $77,858 $0 Expense General Fund/Emergency Management/Computer Software/EMPG Grant 00120825-035120-05050 $32,020 $0 General Fund/Emergency Management/EDP Equipment/EMPG Grant 00120824-066470-05050 $45,838 $0 9. Revenue General Fund/Intergovernmental/EMPA Base Grant 001033-334232 $37,389 $0 Expense General Fund/Emergency Base Grant/Other Professional Services 00123825-033190 $1,188 $0 General Fund/Emergency Base Grant/Other Operating Supplies 00123825-035290 $9,201 $0 General Fund/Emergency Base Grant/Other Machinery & Equipment 00123825-066490 $27,000 $0 10. Expense General Fund/Agencies/Department of Juvenile Justice 00111023-088990 $9,300 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $9,300 11. Revenue General Fund/Intergovernmental/Hazardous Materials Grant 001033-334292 $2,848 $0 Expense General Fund/Emergency Management/Other Operating Supplies/Hazardous Materials Grant 00120825-035290-06807 $2,848 $0 12. Revenue Optional Sales Tax/DEP Grants/Osprey Acres Grant #NS027 315033-334301-16022 $2,434,286 $0 Expense Optional Sales Tax/Public Works/Osprey Acres 31524338-066510-16022 $2,434,286 $0 RIM Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 003 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 13. Revenue Optional Sales Tax/FDOT Grants/IR Blvd Sidewalk 37th St 315033-331400-16025 $416,720 $0 to 53rd St. Expense Optional Sales Tax/Road & Bridge/IR Blvd Sidewalk 37th 31521441-066510-16025 $416,720 $0 St. to 53rd St. 14. Revenue General Fund/Miscellaneous/Other Contribution/Donation 001038-366090 $500 $0 Expense General Fund/Human Services/Medicine & Medical 00121164-035270 $500 $0 Supplies Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: December 28, 2017 Subject: Miscellaneous Budget Amendment 004 Description and Conditions 1. The Board of County Commissioners approved a 2.5% general wage increase for the Teamsters Union on September 19, 2017 and for IAFF employees on October 3, 2017. Non- union employees will receive the same increases. The increase became effective October 13, 2017. Exhibit "A" appropriates funding from the various Reserve for Contingency Funds for all employees covering FY 17/18. Staff Recommendation Staff recommends that the Board of County Commissioners approve the attached resolution amending the fiscal year 2017/2018 budget. RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2017-2018 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2017-2018 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2017-2018 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2017-2018 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2018. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Peter D. O'Bryan, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATT NEY Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 004 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Expense General Fund/BCC Dept/Regular Salaries 00110111-011120 $18,400 $0 General Fund/BCC Dept/Part-Time Salaries 00110111-011130 $783 $0 General Fund/BCC Dept/Social Security 00110111-012110 $1,189 $0 General Fund/BCC Dept/Retirement Contribution 00110111-012120 $5,039 $0 General Fund/BCC Dept/Medicare Matching 00110111-012170 $267 $0 General Fund/County Attorney/Salaries 00110214-011120 $13,412 $0 General Fund/County Attorney/Social Security 00110214-012110 $832 $0 General Fund/County Attorney/Retirement Contribution 00110214-012120 $2,214 $0 General Fund/County Attorney/Medicare 00110214-012170 $194 $0 General Fund/Main Library/Salaries 00110971-011120 $21,498 $0 General Fund/Main Library/Part-Time Salaries 00110971-011130 $2,080 $0 General Fund/Main Library/Social Security 00110971-012110 $1,462 $0 General Fund/Main Library/Retirement Contribution 00110971-012120 $1,949 $0 General Fund/Main Library/Medicare 00110971-012170 $342 $0 General Fund/NC Library/Salaries 00111271-011120 $10,340 $0 General Fund/NC Library/Part-Time Salaries 00111271-011130 $1,903 $0 General Fund/NC Library/Social Security 00111271-012110 $759 $0 General Fund/NC Library/Retirement Contribution 00111271-012120 $1,081 $0 General Fund/NC Library/Medicare 00111271-012170 $178 $0 General Fund/Brackett Library/Salaries 00111371-011120 $2,690 $0 General Fund/Brackett Library/Part-Time Salaries 00111371-011130 $915 $0 General Fund/Brackett Library/Social Security 00111371-012110 $224 $0 General Fund/Brackett Library/Retirement Contribution 00111371-012120 $298 $0 General Fund/Brackett Library/Medicare 00111371-012170 $52 $0 ." Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 004 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Soil-Water Cons/Salaries 00111837-011120 $729 $0 General Fund/Soil-Water Cons/Social Security 00111837-012110 $45 $0 General Fund/Soil-Water Cons/Retirement Contribution 00111837-012120 $60 $0 General Fund/Soil-Water Cons/Medicare 00111837-012170 $11 $0 General Fund/Law Library/Salaries 00111914-011120 $1,376 $0 General Fund/Law Library/Social Security 00111914-012110 $85 $0 General Fund/Law Library/Retirement Contribution 00111914-012120 $114 $0 General Fund/Law Library/Medicare 00111914-012170 $20 $0 General Fund/Administrator/Salaries 00120112-011120 $9,724 $0 General Fund/Administrator/Social Security 00120112-012110 $603 $0 General Fund/Administrator/Retirement Contribution 00120112-012120 $1,537 $0 General Fund/Administrator/Medicare 00120112-012170 $141 $0 General Fund/General Services/Salaries 00120213-011120 $1,078 $0 General Fund/General Services/Social Security 00120213-012110 $67 $0 General Fund/General Services/Retirement Contribution 00120213-012120 $90 $0 General Fund/General Services/Medicare 00120213-012170 $16 $0 General Fund/Human Resources/Salaries 00120313-011120 $7,400 $0 General Fund/Human Resources/Part-Time Salaries 00120313-011130 $408 $0 General Fund/Human Resources/Social Security 00120313-012110 $484 $0 General Fund/Human Resources/Retirement Contribution 00120313-012120 $646 $0 General Fund/Human Resources/Medicare 00120313-012170 $113 $0 General Fund/Veterans Services/Salaries 00120653-011120 $2,886 $0 General Fund/Veterans Services/Part-Time Salaries 00120653-011130 $583 $0 General Fund/Veterans Services/Social Security 00120653-012110 $215 $0 General Fund/Veterans Services/Retirement 00120653-012120 $288 $0 90 Exhibit "A" Resolution No. 2018 - Budget Office Approval: Budget Amendment: 004 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Veterans/Medicare 00120653-012170 $50 $0 General Fund/Emergency Mgmt/Salaries 00120825-011120 $7,080 $0 General Fund/Emergency Mgmt/Social Security 00120825-012110 $3 $0 General Fund/Emergency Mgmt/Retirement 00120825-012120 $1,199 $0 General Fund/Emergency Mgmt/Medicare 00120825-012170 $103 $0 General Fund/Parks/Salaries 00121072-011120 $24,428 $0 General Fund/Parks/Social Security 00121072-012110 $1,515 $0 General Fund/Parks/Retirement 00121072-012120 $3,373 $0 General Fund/Parks/Medicare 00121072-012170 $354 $0 General Fund/Human Services/Salaries 00121164-011120 $804 $0 General Fund/Human Services/Social Security 00121164-012110 $50 $0 General Fund/Human Services/Retirement 00121164-012120 $66 $0 General Fund/Human Services/Medicare 00121164-012170 $12 $0 General Fund/AG Extension/Salaries 00121237-011120 $2,434 $0 General Fund/AG Extension/Social Security 00121237-012110 $151 $0 General Fund/AG Extension/Retirement 00121237-012120 $201 $0 General Fund/AG Extension/Medicare 00121237-012170 $35 $0 General Fund/Purchasing/Salaries 00121613-011120 $2,996 $0 General Fund/Purchasing/Social Security 00121613-012110 $186 $0 General Fund/Purchasing/Retirement 00121613-012120 $248 $0 General Fund/Purchasing/Medicare 00121613-012170 $43 $0 General Fund/Facilities Mgmt/Salaries 00122019-011120 $19,044 $0 General Fund/Facilities Mgmt/Social Security 00122019-012110 $1,181 $0 General Fund/Facilities Mgmt/Retirement 00122019-012120 $2,665 $0 General Fund/Facilities Mgmt/Medicare 00122019-012170 $276 $0 91 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 004 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Office of Mgmt/Budget/Salaries 00122913-011120 $6,676 $0 General Fund/Office of Mgmt/Budget/Social Security 00122913-012110 $414 $0 General Fund/Office of Mgmt/Budget/Retirement 00122913-012120 $552 $0 General Fund/Office of Mgmt/Budget/Medicare 00122913-012170 $97 $0 General Fund/FPL Grant/Salaries 00123725-011120 $15,899 $0 General Fund/FPL Grant/Social Security 00123725-012110 $986 $0 General Fund/FPL Grant/Retirement 00123725-012120 $1,335 $0 General Fund/FPL Grant/Medicare 00123725-012170 $231 $0 General Fund/Emergency Base Grant/Salaries 00123825-011120 $1,503 $0 General Fund/Emergency Base Grant/Social Security 00123825-012110 $93 $0 General Fund/Emergency Base Grant/Retirement 00123825-012120 $124 $0 General Fund/Emergency Base Grant/Medicare 00123825-012170 $22 $0 General Fund/Animal Control/Salaries 00125062-011120 $7,126 $0 General Fund/Animal Control/Social Security 00125062-012110 $442 $0 General Fund/Animal Control/Retirement 00125062-012120 $645 $0 General Fund/Animal Control/Medicare 00125062-012170 $103 $0 General Fund/Mailroom/Salaries 00125119-011120 $662 $0 General Fund/Mailroom/Part-time Salaries 00125119-011130 $694 $0 General Fund/Mailroom/Social Security 00125119-012110 $84 $0 General Fund/Mailroom/Retirement 00125119-012120 $111 $0 General Fund/Mailroom/Medicare 00125119-012170 $20 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $223,133 MSTU/NCAC/Salaries 00410472-011120 $1,703 $0 MSTU/NCAC/Part-Time Salaries 00410472-011130 $4,718 $0 MSTU/NCAC/Budgeted Temp Salaries 00410472-011190 $1,577 $0 92 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 004 Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU/NCAC/Social Security 00410472-012110 $496 $0 MSTU/NCAC/Retirement 00410472-012120 $789 $0 MSTU/NCAC/Medicare 00410472-012170 $116 $0 MSTU/GAC/Salaries 00410572-011120 $3,364 $0 MSTU/GAC/Part-Time Salaries 00410572-011130 $3,237 $0 MSTU/GAC/Budgeted Temp Salaries 00410572-011190 $175 $0 MSTU/GAC/Social Security 00410572-012110 $420 $0 MSTU/GAC/Retirement 00410572-012120 $683 $0 MSTU/GAC/Medicare 00410572-012170 $98 $0 MSTU/Recreation/Salaries 00410872-011120 $8,791 $0 MSTU/Recreation/Part-time Salaries 00410872-011130 $351 $0 MSTU/Recreation/Budgeted Temp 00410872-011190 $690 $0 MSTU/Recreation/Social Security 00410872-012110 $610 $0 MSTU/Recreation/Retirement 00410872-012120 $892 $0 MSTU/Recreation/Medicare 00410872-012170 $143 $0 MSTU/IG Building/Salaries 00411572-011120 $3,614 $0 MSTU/IG Building/Part-time Salaries 00411572-011130 $624 $0 MSTU/IG Building/Social Security 00411572-012110 $263 $0 MSTU/IG Building/Retirement 00411572-012120 $453 $0 MSTU/IG Building/Medicare 00411572-012170 $61 $0 MSTU/Ocean Rescue/Salaries 00411672-011120 $11,167 $0 MSTU/Ocean Rescue/Part-time Salaries 00411672-011130 $2,031 $0 MSTU/Ocean Rescue/Social Security 00411672-012110 $818 $0 MSTU/Ocean Rescue/Retirement 00411672-012120 $1,471 $0 MSTU/Ocean Rescue/Medicare 00411672-012170 $191 $0 93 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 004 Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU/Shooting Range/Salaries 00416172-011120 $5,215 $0 MSTU/Shooting Range/Part-time Salaries 00416172-011130 $3,561 $0 MSTU/Shooting Range/Social Security 00416172-012110 $544 $0 MSTU/Shooting Range/Retirement 00416172-012120 $1,039 $0 MSTU/Shooting Range/Medicare 00416172-012170 $127 $0 MSTU/Planning & Dev/Salaries 00420415-011120 $4,465 $0 MSTU/Planning & Dev/Social Security 00420415-012110 $277 $0 MSTU/Planning& Dev/Retirement 00420415-012120 $547 $0 MSTU/Planning& Dev/Medicare 00420415-012170 $65 $0 MSTU/PIan ning/Salaries 00420515-011120 $13,642 $0 MSTU/Planning/Social Security 00420515-012110 $846 $0 MSTU/Planning/Retirement 00420515-012120 $1,256 $0 MSTU/Planning/Medicare 00420515-012170 $198 $0 MSTU/Code Enf/Salaries 00420724-011120 $7,406 $0 MSTU/Code Enf./Social Security 00420724-012110 $459 $0 MSTU/Code Enf./Retirement 00420724-012120 $838 $0 MSTU/Code Enf./Medicare 00420724-012170 $107 $0 MSTU/Parks/Salaries 00421072-011120 $2,309 $0 MSTU/Parks/Social Security 00421072-012110 $143 $0 MSTU/Parks/Reti rem ent 00421072-012120 $190 $0 MSTU/Parks/Medicare 00421072-012170 $33 $0 MSTU/Telecommunications/Salaries 00423437-011120 $2,665 $0 MSTU/Telecommunications/Social Security 00423437-012110 $165 $0 MSTU/Telecommunications/Retirement 00423437-012120 $220 $0 MSTU/Telecommunications/Medicare 00423437-012170 $39 $0 94 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 004 Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $95,903 Transportation Fund/Road & Bridge/Salaries 11121441-011120 $78,258 $0 Transportation Fund/Road & Bridge/Social Security 11121441-012110 $4,852 $0 Transportation Fund/Road & Bridge/Retirement 11121441-012120 $11,226 $0 Transportation Fund/Road & Bridge/Medicare 11121441-012170 $1,135 $0 Transportation Fund/Public Works/Salaries 11124319-011120 $3,986 $0 Transportation Fund/Public Works/Social Security 11124319-012110 $247 $0 Transportation Fund/Public Works/Retirement 11124319-012120 $329 $0 Transportation Fund/Public Works/Medicare 11124319-012170 $58 $0 Transportation Fund/Engineering/Salaries 11124441-011120 $37,387 $0 Transportation Fund/Engineering/Social Security 11124441-012110 $2,318 $0 Transportation Fund/Engineering/Retirement 11124441-012120 $3,556 $0 Transportation Fund/Engineering/Medicare 11124441-012170 $542 $0 Transportation Fund/Traffic Engineering/Salaries 11124541-011120 $25,985 $0 Transportation Fund/Traffic Engineering/Social Security 11124541-012110 $1,611 $0 Transportation Fund/Traffic Engineering/Retirement 11124541-012120 $2,637 $0 Transportation FundlTraffic Engineering/Medicare 11124541-012170 $377 $0 Transportation Fund/Stormwater/Salaries 11128138-011120 $5,690 $0 Transportation Fund/Stormwater/Social Security 11128138-012110 $353 $0 Transportation Fund/Stormwater/Reti rem ent 11128138-012120 $726 $0 Transportation Fund/Stormwater/Medicare 11128138-012170 $83 $0 Transportation Fund/Reserves/Reserve for Contingency 11119941-099910 $0 $181,355 Emergency Services/Fire Rescue/Salaries 11412022-011120 $381,772 $0 Emergency Services/Fire Rescue/Social Security 11412022-012110 $23,670 $0 Emergency Services/Fire Rescue/Retirement 11412022-012120 $94,387 $0 95 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 004 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Emergency Services/Fire Rescue/Medicare 11412022-012170 $5,536 $0 Emergency Services/Fire Rescue/Reserve for Contingency 11412022-099910 $0 $505,365 SWDD/Sanitary Landfill/Salaries 41121734-011120 $10,473 $0 SWDD/Sanitary Landfill/Social Security 41121734-012110 $649 $0 SWDD/Sanitary Landfill/Retirement 41121734-012120 $990 $0 SWDD/Sanitary Landfill/Medicare 41121734-012170 $152 $0 SWDD/CC & Recycle/Salaries 41125534-011120 $1,095 $0 SWDD/CC & Recycle/Social Security 41125534-012110 $68 $0 SWDD/CC & Recycle/Retirement 41125534-012120 $90 $0 SWDD/CC & Recycle/Medicare 41125534-012170 $16 $0 SWDD/Sanitary Landfill/Reserves/Reserve for Contingency 41121734-099910 $0 $13,533 Impact Fees/Planning Admin/Salaries 10320415-011120 $1,948 $0 Impact Fees/Planning Admin/Social Security 10320415-012110 $121 $0 Impact Fees/Planning Admin/Retirement 10320415-012120 $161 $0 Impact Fees/Planning Admin/Medicare 10320415-012170 $28 $0 Impact Fees/Planning Admin/Reserve for Contingency 10320415-099910 $0 $2,258 Section 8/Rental Assistance/Salaries 10822264-011120 $4,129 $0 Section 8/Rental Assistance/Social Security 10822264-012110 $256 $0 Section 8/Rental Assistance/Retirement 10822264-012120 $341 $0 Section 8/Rental Assistance/Medicare 10822264-012170 $60 $0 Section 8/Rental Assistance/Reserve for Contingency 10822264-099910 $0 $4,786 Secondary Roads/Road& Bridge/Salaries 10921441-011120 $373 $0 Secondary Roads/Road& Bridge/Social Security 10921441-012110 $23 $0 Secondary Roads/Road& Bridge/Retirement 10921441-012120 $32 $0 Secondary Roads/Road& Bridge/Medicare 10921441-012170 $5 $0 JV Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 004 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Secondary Roads/Engineering/Salaries 10924441-011120 $5,922 $0 Secondary Roads/Engineering/Social Security 10924441-012110 $367 $0 Secondary Roads/Engineering/Retirement 10924441-012120 $490 $0 Secondary Roads/Engineering/Medicare 10924441-012170 $86 $0 Secondary Roads/Real Estate Acquisition/Salaries 10924741-011120 $931 $0 Secondary Roads/Real Estate Acquisition/Social Security 10924741-012110 $58 $0 Secondary Roads/Real Estate Acquisition/Retirement 10924741-012120 $79 $0 Secondary Roads/Real Estate Acquisition/Medicare 10924741-012170 $13 $0 Secondary Roads/Reserves/Reserve for Contingency 10919981-099910 $0 $8,380 911 Surcharge/Communication Center/Salaries 12013325-011120 $3,637 $0 911 Surcharge/Communication Center/Social Security 12013325-012110 $225 $0 911 Surcharge/Communication Center/Retirement 12013325-012120 $302 $0 911 Surcharge/Communication Center/Medicare 12013325-012170 $53 $0 911 Surcharge/Communication Center/Reserve for Contingency 12013325-099910 $0 $4,217 SHIP/Ship Program/Salaries 12322869-011120 $782 $0 SHIP/Ship Program/Social Security 12322869-012110 $48 $0 SHIP/Ship Program/Retirement 12322869-012120 $64 $0 SHIP/Ship Program/Medicare 12322869-012170 $11 $0 SHIP/Ship Program/Reserve for Contingency 12322869-099910 $0 $906 MPO/Planning/Salaries 12420415-011120 $7,165 $0 MPO/Planning/Social Security 12420415-012110 $444 $0 MPO/Planning/Retirement 12420415-012120 $593 $0 MPO/Planning/Medicare 12420415-012170 $104 $0 MPO/Planning/Reserve for Contingency 12420415-099910 $0 $8,306 Beach Restoration Fund/Salaries 12814472-011120 $4,661 $0 97 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 004 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Beach Restoration Fund/Social Security 12814472-012110 $289 $0 Beach Restoration Fund/Retirement 12814472-012120 $384 $0 Beach Restoration Fund/Medicare 12814472-012170 $68 $0 Beach Restoration Fund/Reserve for Contingency 12814472-099910 $0 $5,402 Sandridge Golf Course/Admin/Clubhouse/Salaries 41823672-011120 $3,979 $0 Sandridge Golf Course/Admin/Part-time Salaries 41823672-011130 $7,160 $0 Sandridge Golf Course/Admin/Clubhouse/Budgeted Temps 41823672-011190 $2,219 $0 Sandridge Golf Course/Admin/Clubhouse/Social Security 41823672-012110 $828 $0 Sandridge Golf Course/Admin/Clubhouse/Retirement 41823672-012120 $1,168 $0 Sandridge Golf Course/Admin/Clubhouse/Medicare 41823672-012170 $194 $0 Sandridge Golf Course/Admin/Clubhouse/Reserve for Contingency 41823672-099910 $0 $15,548 County Building/Building Dept/Salaries 44123324-011120 $37,351 $0 County Building/Building Dept/Part-time Salaries 44123324-011130 $1,104 $0 County Building/Building Dept/Social Security 44123324-012110 $2,384 $0 County Building/Building Dept/Retirement 44123324-012120 $4,279 $0 County Building/Building Dept/Medicare 44123324-012170 $558 $0 County Building/Building Dept/Reserve for Contingency 44123324-099910 $0 $45,676 Utilities Dept/Wastewater Treatment/Salaries 47121836-011120 $25,094 $0 Utilities Dept/WastewaterTreatment/Social Security 47121836-012110 $1,568 $0 Utilities Dept/Wastewater Treatment/Retirement 47121836-012120 $2,862 $0 Utilities Dept/Wastewater Treatment/Medicare 47121836-012170 $364 $0 Utilities Dept/Water Production/Salaries 47121936-011120 $22,908 $0 Utilities Dept/Water Production/Social Security 47121936-012110 $1,420 $0 Utilities Dept/Water Production/Retirement 47121936-012120 $2,490 $0 Utilities Dept/Water Production/Medicare 47121936-012170 $332 $0 0 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 004 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Utilities Dept/General & Engineering/Salaries 47123536-011120 $25,784 $0 Utilities Dept/General & Engineering/Social Security 47123536-012110 $1,599 $0 Utilities Dept/General & Engineering/Retirement 47123536-012120 $2,237 $0 Utilities Dept/General & Engineering/Medicare 47123536-012170 $374 $0 Utilities Dept/Customer Service/Salaries 47126536-011120 $22,790 $0 Utilities Dept/Customer Service/Part-time Salaries 47126536-011130 $389 $0 Utilities Dept/Customer Service/Social Security 47126536-012110 $1,437 $0 Utilities Dept/Customer Service/Retirement 47126536-012120 $2,166 $0 Utilities Dept/Customer Service/Medicare 47126536-012170 $336 $0 Utilities Dept/Wastewater Collections/Salaries 47126836-011120 $21,569 $0 Utilities Dept/Wastewater Collections/Social Security 47126836-012110 $1,337 $0 Utilities Dept/Wastewater Collections/Retirement 47126836-012120 $2,511 $0 Utilities Dept/Wastewater Collections/Medicare 47126836-012170 $313 $0 Utilities Dept/Water Distribution/Salaries 47126936-011120 $29,203 $0 Utilities Dept/Water Distribution/Social Security 47126936-012110 $1,811 $0 Utilities Dept/Water Distribution/Retirement 47126936-012120 $3,244 $0 Utilities Dept/Water Distribution/Medicare 47126936-012170 $423 $0 Utilities Dept/Osprey Marsh/Salaries 47128236-011120 $1,594 $0 Utilities Dept/Osprey Marsh/Social Security 47128236-012110 $99 $0 Utilities Dept/Osprey Marsh/Retirement 47128236-012120 $178 $0 Utilities Dept/Osprey Marsh/Medicare 47128236-012170 $23 $0 Utilities Dept/General & Engineering/Reserve for Contingency 47123536-099910 $0 $176,455 Fleet/Vehicle Maint/Salaries 50124291-011120 $8,193 $0 Fleet/Vehicle Maint/Social Security 50124291-012110 $508 $0 Fleet/Vehicle Maint/Retirement 50124291-012120 $894 0 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 004 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Fleet/Vehicle Maint/Medicare 50124291-012170 $119 $0 Fleet/Vehicle Maint/Reserve for Contingency 50124291-099910 $0 $9,714 Self Insurance/Risk Management/Salaries 50224613-011120 $2,297 $0 Self Insurance/Risk Management/Social Security 50224613-012110 $142 $0 Self Insurance/Risk Management/Retirement 50224613-012120 $190 $0 Self Insurance/Risk Management/Medicare 50224613-012170 $33 $0 Self Insurance/Risk Management/Reserve for Contingency 50224613-099910 $0 $2,663 Employee Health/Health Insurance/Salaries 50412719-011120 $1,527 $0 Employee Health/Health Insurance/Social Security 50412719-012110 $95 $0 Employee Health/Health Insurance/Retirement 50412719-012120 $126 $0 Employee Health/Health Insurance/Medicare 50412719-012170 $22 $0 Employee Health/Health Insurance/Reserve for Contingency 50412719-099910 $0 $1,770 Information Tech/Computer Services/Salaries 50524113-011120 $11,070 $0 Information Tech/Computer Services/Social Security 50524113-012110 $686 $0 Information Tech/Computer Services/Retirement 50524113-012120 $915 $0 Information Tech/Computer Services/Medicare 50524113-012170 $161 $0 Information Tech/Geographic Information/Salaries 50510319-011120 $5,740 $0 Information Tech/Geographic Information/Social Security 50510319-012110 $356 $0 Information Tech/Geographic Information/Retirement 50510319-012120 $474 $0 Information Tech/Geographic Information/Medicare 50510319-012170 $83 $0 Information Tech/Reserves/Reserve for Contingency 50519981-099910 $0 $19,485 100 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: December 27, 2017 Subject: Miscellaneous Budget Amendment 005 Description and Conditions Each year it becomes necessary to "roll over" certain projects that were initiated in Fiscal Year 2016-2017 to the current Fiscal Year. In addition, the CIE projects approved by the Board of County Commissioners on December 5, 2017 are included. Exhibit "A" appropriates funding for these projects for Fiscal Year 2017-2018. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2017-2018 budget. 101 RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2017-2018 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2017-2018 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2017-2018 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2017-2018 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2018. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners AM Peter D. O'Bryan, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATiWNEY Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 005 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $686,783 $0 MSTU/Cash Forward -Oct 1st 004039-389040 $1,584,353 $0 Traffic Impact Fees/Cash Forward -Oct 1st 102039-389040 $2,441,920 $0 Impact Fees/Public Bldgs/Cash Forward -Oct 1st 103039-389040 $500,000 $0 Secondary Roads/Cash Forward-Octlst 109039-389040 $3,591,171 $0 Secondary Roads/FDOT SCOP Grant/58th Ave Resurfacing 109033-334400-16008 $2,006,798 $0 Secondary Roads/FDOT SCOP Grant/CR 512 Resurfacing 109033-334400-16010 $2,237,020 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $114,218 $0 Emergency Service District/Cash Forward -Oct 1st 114039-389040 $1,184,022 $0 911 Surcharge/Cash Forward -Oct 1st 120039-389040 $64,776 $0 SHIP/Cash Forward -Oct 1st 123039-389040 $406,534 $0 MPO/Cash Forward -Oct 1st 124039-389040 $2,000 $0 Native Uplands/Cash Forward -Oct 1st 127039-389040 $100,000 $0 Beach Restoration/Cash Forward -Oct 1st 128039-389040 $212 $0 CDBG/Cash Forward -Oct 1st 129039-389040 $60,803 $0 NSP3/Cash Forward -Oct 1st 130038-389040 $68,214 $0 Florida Boating Improvements/FIND Grant/Archie Smith Fish House 133033-337710-14004 $100,000 $0 Library Bequest/Cash Forward -Oct 1st 134039-389040 $87 $0 Fed Grants/HUD Grant/HUD Alcohope/#FL0114L4091609 136033-331601-17805 $10,128 $0 Fed Grants/HUD COC TRA 2 #FL0338L4HO91603 136033-331601-17812 $10,000 $0 Fed Grants/HUD Grant/HUD SHEL+CARE #FL038OL4HO91602 136033-331601-17813 $10,000 $0 Fed Grants/HUD Grants/HUD HMIS DATA FL04181-41-1091503 136033-331601-16806 $426 $0 Fed Grants/HUD Grants/NEW HORIZONS 2 FL04401-41-1091605 136033-331601-17806 $27,678 $0 Fed Grants/HUD Grants/NEW CHRONICS #FL0119L4H091609 136033-331601-17807 $19,424 $0 Fed Grants/HUD Grants/IR CHRONICS #FL036OL4HO91607 136033-331601-17808 $14,703 $0 103 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 005 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Fed Grants/HUD Grants/HMIS EXPANSION FL01161-41-109160P 136033-331601-17809 $10,000 $0 Fed Grants/HUD Grants/COC WIDE TRA #FL0113L4H091604 136033-331601-17811 $10,000 $0 Court Facility Surcharge/Cash Forward -Oct 1st 140039-.389040 $124,000 $0 Land Acquisition Bond/Cash Forward -Oct 1st 145039-389040 $25,000 $0 Gifford Streetlightin/Cash Forward -Oct 1st 181039-389040 $25,000 $0 Optional Sales Tax/SJRWMD Osprey Acres Grant 315033-337300-16022 $1,200,250 $0 Optional Sales Tax/Cash Forward -Oct 1st. 315039-389040 $6,426,774 $0 SWDD/Cash Forward -Oct 1st 411039-389040 $75,000 $0 Building Department/Cash Forward -Oct 1st 441039-389040 $45,196 $0 Utilities/Cash Forward -Oct 1st 471039-389040 $260,262 $0 Information Technology/Cash Forward -Oct 1 st 505039-389040 $87,849 $0 Total Revenue $23,530,600 $0 Expense General Fund/BCC/Legal Service -All Aboard FL 00110214-033110-15023 $579,544 $0 General Fund/BCC/All Travel -All Aboard FL 00110214-034020-15023 $3,000 $0 General Fund/Communication-Emergency Svcs/Other Machinery &n Equipment 00110719-066490 $61,000 $0 General Fund/Emergency Management/Computer Software EMPG Grant 00120825-035120-05050 $43,239 $0 MSTU/County Attorney -Legal Services-FMPA/COVB Electric 00410214-033110-15024 $65,909 $0 MSTU/County Attorney -All Travel-FMPA/COVB Electric 00410214-034020-15024 $3,000 $0 MSTU/GAC/Other Machinery & Equipment 00410572-066490 $52,563 $0 MSTU/GAC/Other Improvements Except Bldgs 00410572-066390 $56,000 $0 MSTU/NCAC/Other Improvements Except Bldgs 004104742-066390 $56,000 $0 MSTU/Parks/58th Ave Ballfield Exp & Renovation 00421072-066510-18001 $946,500 $0 MSTU/Parks/Jones Pier/Prong Preserve Improvements 00421072-066510-18010 $300,000 $0 MSTU/Gifford Aquatic/Other Machinery & Equipment 00410572-066490 $52,561 $0 MSTU/County Planning/Subscriptions 00420515-035460 $3,564 $0 104 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 005 Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU/Env. Planning/Subscriptions 00420724-035460 $5,346 $0 MSTU/Parks/Other Contractual Services 00421072-033490 $8,165 $0 MSTU/Road & Bridge/Other Contractual Services 00421441-033490 $34,745 $0 Traffic Impact Fees/District 3/ROW/43rd Ave -12th to Oslo 10215341-066120-06055 $250,000 $0 Traffic Impact Fees/District 3/ Signals/21st SW and 27th 10215341-066440-17002 $700,000 $0 Traffic Impact Fees/District 3/1st St SW & 27th Ave 10215341-066510-05012 $591,920 $0 Traffic Impact Fees/District 3/Old Dixie/Highlands Intersection 10215341-066510-16013 $900,000 $0 Impact Fees/Public Bldgs/All Land 10322019-066110 $500,000 $0 Secondary Roads/43rd Ave/18th to 26th St 10921441-066120-06041 $799,625 $0 Secondary Roads/58TH Ave Resurfacing 26th to 49th St 10921441-053360-16008 $2,706,796 $0 Secondary Roads/CR 512 Resurfacing 10921441-053360-16010 $3,038,441 $0 Secondary Roads/Designated Bicycle Lanes 10921441-053370 $250,000 $0 Secondary Roads/North County Roads Stabilization 10921441-035390-17019 $35,000 $0 Secondary Roads/ROW/Signalize 58th & 49th St 10921441-066120-18015 $350,000 $0 Secondary Roads/43rd Ave Sidewalk/Aviation-Airport 10921441-066510-15028 $86,215 $0 Secondary Roads/ROW/58th Ave Resurfacing 57th -510 10921441-066120-16023 $350,000 $0 Secondary Roads/Fellsmere Roads Stabilization 10921441-035390-16032 $74,742 $0 Secondary Roads/North County Bus Loop 10921441-066510-17012 $144,170 $0 Transportation Fund/Stormwater/Aquatic Plant Pilot Study 11128138-033190-16031 $114,218 $0 Emergency Services District/Fire Rescue/EMS County Award Grant Operating 11412022-037310 $20,316 $0 Emergency Services District/Fire Rescue/Computer Software 11412022-035120 $49,328 $0 Emergency Services District/Fire Rescue/Other Operating Supplies -Okeechobee 11412022-035290-17017 $50,000 $0 Emergency Services District/Fire Rescue/Other Machinery & Equipment -Okeechobee 11412022-066490-17017 $36,397 $0 Emergency Services District/Fire Rescue/Communication Equipment -All 11412022-066450 $99,046 $0 Emergency Services District/Fire Rescue/Other Machinery & Equipment 11412022-066490 $83,671 $0 Emergency Services District/Fire Rescue/Automotive 11412022-066420 $800,128 $0 105 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 005 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Emergency Services District/Fire Rescue/Other Machinery & Equipment -FEMA FF Asst. Grant 11412022-066490-16815 $45,136 $0 911 Surcharge Fund/Communication Center/Computer Software 12013325-035120 $14,776 $0 912 Surcharge Fund/Communication Center/Computer Software 120211325-068003 $50,000 $0 SHIP/Purchase Assistance Loan 12322869-088050 $406,534 $0 MPO/Planning/Transit Hub 12420415-066510-10802 $2,000 $0 Native Uplands/Parks/Other Contractual Services 12721037-033490 $100,000 $0 Beach Restoration/Other Operating Supplies/Sea Turtle Grant 12814472-035290-12815 $12 $0 Beach Restoration/Other Operating Supplies/Sea Turtle Grant 12814472-035290-16035 $200 $0 CDBG/Inter-Dept Charges -NSP -PGI 12913854-036990-09128 $60,803 $0 NSP3/Inter-Dept Charges-NSPS PGI 13013854-036990-11813 $68,214 $0 Florida Boating Improvements Fund/Archie Smith Fish House Restoration 13321072-066510-14004 $100,000 $0 Library Bequest/North County Library/Books 13411271-035450 $87 $0 Fed Grants/HUD Grant/HUD Alcohope/#FL01141-4091609 13616364-036730-17805 $10,128 $0 Fed Grants/HUD Grant/HUD COC TRA 2 13616364-036730-17812 $10,000 $0 FI -03381-41-1091603 Fed Grants/HUD Grant/HUD SHEL+CARE 13616364-036730-17813 $10,000 $0 #FL03801-41-1091602 Fed Grants/HUD Grants/HUD HMIS DATA 13616364-036730-16806 $426 $0 FL0418L4H091503 Fed Grants/HUD Grants/NEW HORIZONS 2 13616364-036730-17806 $27,678 $0 FL0440L4H091605 Fed Grants/HUD Grants/NEW CHRONICS 13616364-036730-17807 $19,424 $0 #FL0119L4H091609 Fed Grants/HUD Grants/IR CHRONICS 13616364-036730-17808 $14,703 $0 #FL03601-41-1091607 Fed Grants/HUD Grants/HMIS EXPANSION 13616364-036730-17809 $10,000 $0 FL01161-41-109160P Fed Grants/HUD Grants/COC WIDE TRA 13616364-036730-17811 $10,000 $0 #FL0113L4H091604 Court Facility Surcharge/New Courtroom Facilities 14022019-066510-12009 $124,000 $0 Land Acquisition Bonds/South Oslo Conservation Area 14514639-066390-18002 $25,000 $0 Gifford Streetlights/45th St Beautification 18128041-066510-03023 $25,000 $0 Optional Sales Tax/Road & Bridge/1st st SW/27th Ave 31521441-066510-05012 $1,000,000 $0 Intersection Optional Sales Tax/Public Works/PC North 31524338-066510-16018 $150,000 $0 106 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 005 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Optional Sales Tax/Public Works/PC Main Relief Canal 31524338-066510-16001 $1,480,000 $0 Upgrade Optional Sales Tax/Public Works/Osprey Acres 31524338-066510-16022 $2,997,636 $0 Optional Sales Tax/Public Works/East Gifford Drainage 31524338-066340-15017 $206,728 $0 Optional Sales Tax/Public Works/Drainage Systems 31524338-066340 $100,000 $0 Optional Sales Tax/Parks/Other Improvements Except 31521072-066390 $100,000 $0 Bldgs Optional Sales Tax/Facilities Mgmt/Jail Roof 31522019-066510-16030 $1,000,000 $0 Optional Sales Tax/Facilities Mgmt/Courthouse Judge 31522019-066510-16033 $242,660 $0 Security Optional Sales Tax/Road & Bridge/ROW/58th Ave/26th to 31521441-066120-15813 $250,000 $0 CR 510 Optional Sales Tax/Hoise Schuman Park Improvements 31521072-066390--18011 $100,000 $0 SWDD/Landfill/Engineering Service 41121734-033130 $75,000 $0 County Building Department/Building 44123324-035120 $45,196 $0 Department/Computer Software Utilities/Water Production/Computer Software 47121936-035120 $2,877 $0 Utilities/General & Engineering/Other Professional Services 47123536-033190 $200,000 $0 Utilities/Customer Service/Computer Software 47126536-035120 $57,385 $0 Information Technology Fund/GIS/Computer Software 50510319-035120 $28,693 $0 Information Technology Fund/Computer Services/Computer 50524113-035120 $59,157 $0 Software Total Expense $23,530,600 107 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 27, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommended Approval of Ranking of Firms and Award of Annual Maintenance of West Wetlands at WRWWTF (RFP 2018004) BACKGROUND: On behalf of the Department of Utility Services, Requests for Proposals (RFPs) were solicited for annual maintenance of the West Wetland Treatment System (WTS) at the West Regional Wastewater Treatment Facility (WRWWTF). The 169± acre WTS is made up of an influent deep settling pond with overland flow through 9 deep marsh cells and 3 shallow marsh cells to a final storage outfall cell and is permitted to a 4.0 MGD Average Annual Daily Flow (AADF) capacity. The proposed term of award is from February 1, 2018 through January 31, 2020, with one optional two-year extension available. RFQ RESULTS: Advertising Date: RFP Opening Date: DemandStar Broadcast to: RFP Documents Requested by: Replies: October 22, 2017 November 22, 2017 at 2:00 pm 703 Subscribers 34 Firms 4 Firms ANALYSIS: A selection committee comprised of Terry Southard, Utility Operations Manager, Rich Meckes, Wastewater Superintendent, Eric Charest, Environmental Compliance Specialist, Art Pfeffer, Project Specialist and Michael Loveday, Temporary Chief Operator independently evaluated and scored the received proposals in accordance with the County Purchasing Manual. These scores were compiled by the committee, an overall ranking of the submittals developed and the final ranking of firms determined. 108 CONSENT The final ranking established by the committee is: Proposing Firm Location 1. Ecotech Consultants, Inc. Vero Beach 2. Florida Environmental Consulting, Inc. Vero Beach 3. Wetland Solutions, Inc. Gainesville 4. 1 Bio -Tech Consulting, Inc. Orlando FUNDING: The contract was previously awarded for a period of one year, for an annual fee of $34,000, with a three-month extension through January 31, 2018 granted by the Board on October 24, 2017. The current proposal is for $32,000 annually, representing a decrease of nearly six percent. Operation and Maintenance of the system is available and budgeted in the Utilities — Sludge — Other Professional Services Account as shown below. Account Number Account Description FY 17/18 Estimated Cost 47121836-033190 Utilities — Wastewater Treatment — Other Professional Services $32,000 RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and award RFP 2018004 to Ecotech Consultants, Inc. Staff further requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. Attachment: Sample Agreement 109 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described in Exhibit 1— Scope of Work. ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Annual Maintenance of West Wetlands at West Regional Wastewater Treatment Facility RFP Number: 2018004 Project Address: 8405 8th Street, Vero Beach, FL 32968 ARTICLE 3 - CONTRACT TIMES 3.01 This agreement shall be effective from February 1, 2018 until January 31, 2020, unless terminated earlier as authorized within this agreement. One additional two-year renewal is available, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of the County. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONSULTANT for completion of the Work at the prices stated in CONSULTANT's Cost Proposal, attached hereto as Exhibit 2. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Monthly Payments. A. The OWNER shall make monthly payments to the CONSULTANT on the basis of an approved invoice and in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONSULTANT'S certification. All progress payments will be on the basis of progress of the work measured by the schedule 1 110 of values established, or in the case of unit price work based on the number of units completed. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. 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. 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. 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. 111 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 _, inclusive); (2) Certificate of Liability Insurance (3) Request for Proposals 2018004 (4) Addenda (numbers_to_, inclusive); (5) CONTRACTOR'S Proposal (pages _to_, inclusive); (6) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages_ to_, inclusive); (7) Certification Regarding Lobbying (8) 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) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Request for Proposals 3 112 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, 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 Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. 113 (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 9.07 Entire and Sole Agreement A. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in anyway relied, nor shall in anyway rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 9.08 Amendments A. The parties may modify this Agreement at any time by written agreement. Neitherthe Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 9.09 Construing Provisions A. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. In any conflict between the Scope of Services provided in the RFP, and the general terms of this agreement, the provisions of the latter shall prevail. 9.10 Independent Contractor A. CONTRACTOR is an independent contractor. Neither Contractor nor Contractor's employees are employees of the City. Contractor may perform services for others, which solely utilize 5 114 Contractor's facilities and do not violate any confidentiality requirements of this Agreement. Contractor is solely responsible for compliance with all labor and tax laws pertaining to Contractor, its officers, agents, and employees, and shall indemnify and hold the City harmless from any failure to comply with such laws. Contractor's duties with respect to Contractor, its officers, agents, and employees, shall include, but not be limited to: (1) providing Workers' Compensation coverage for employees as required by law; (2) hiring of any employees, assistants, or subcontractors necessary for performance of the Work; (3) providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and disability insurance; (4) payment of all federal, state and local taxes income or employment taxes, and, if Contractor is not a corporation, self-employment (Social Security) taxes; (5) compliance with the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq., including payment of overtime in accordance with the requirements of said Act; (6) providing employee training for all functions necessary for performance of the Work; (7) providing equipment and materials necessary to the performance of the Work; and (8) providing office or other facilities for the performance of the Work. In the event the City provides training, equipment, materials, or facilities or otherwise facilitate performance of the Work, this shall not affect any of Contractor's duties hereunder or alter Contractor's status as an independent contractor. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency 6 115 and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Copeland "Anti -Kickback" Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of 7 116 Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. E. Energy Policy and Conservation Act–The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. F. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and Indian River County), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. G. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. H. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, http://www.epa.gov/cpg/. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. 8 117 Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. J. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. K. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. L. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. M. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. N. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 118 Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 10 119 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Add rens: Phone Email 11 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 120 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 2, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Withdrawal of Bid for Annual Day Labor (2018022) and Authorization to Rebid BACKGROUND: The Road and Bridge Division requested the solicitation of annual bids to establish firm fixed pricing for day laborers. Workers are used on an as -needed basis as flaggers, to perform mowing, and to perform other general labor activities. The contract will also be utilized by the Department of Utilities Services and the Parks Maintenance, Facilities Management and Traffic Engineering Divisions. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Specifications/Plans Downloaded by Replies: December 7, 2017 December 28, 2017 129 Subscribers 8 Vendors 2 Vendors 121 Total Total General FDOT-MOT Estimated Estimated Servicing Branch Labor Certified Annual Annual Bidders Name Location Hourly Flagger General Labor Flagger Cost Rate Labor Cost (36,100 (4,200 hr Hourly Rate hr est.) est.) PeopleReady Fort Pierce N/A N/A N/A N/A Florida, Inc. A & Associates West Palm Beach $10.00 $11.00 $361,000.00 $46,200.00 121 CONSENT AGENDA ANAI VSIq- PeopleReady's bid was disqualified as the mandatory Sworn Statement Under Section 105.08, Indian River County Code on Disclosure of Relationships was not signed or notarized. The sole responsive bidder, A & Associates offered hourly unit rates that were suspiciously low. When provided the bid tabulation showing the extension of their bid prices times the estimated annual hours needed (as shown on the bid form), A & Associates noted they had made an error on their bid form and requested to withdraw, as they cannot provide the services at the rates bid. Staff agrees the work cannot be adequately performed at the prices bid. A & Associates was previously awarded this contract under bid 2015005, but during the first week of service, submitted a request to resign from the contract, citing a misunderstanding of the work expected to be performed by its laborers. This required a rebid, and subsequent award to Labor Finders (now PeopleReady). Staff has not confirmed A & Associates has any additional capacity or understanding of the work to declare them responsible to perform the work required in the current bid. Current vendor PeopleReady has agreed to continue providing services as needed at the previous contract price ($12.14) as approved by the Board, with a $0.15 per hour increase to match the Florida minimum wage increase, for a total hourly rate of $12.29. Staff anticipates a new bid will be opened and presented for award by the end of February, 2018. SOURCE OF FUNDS: The cost to advertise a new bid is estimated to be $90 and will be available in the Road and Bridge - Legal Ads account, 11121441-034910. RECOMMENDATION: Staff recommends the Board approve the withdrawal of A & Associates Bid and authorize staff to resolicit bids for day labor. Staff also recommends the Board authorize the Purchasing Division to increase the current Road and Bridge Division blanket Purchase Order for day labor services to PeopleReady up to $100,000 to facilitate work though the period of rebid and contract award. 122 INDIAN RIVER COUNTY BUILDING DIVISION INTEROFFICE MEMORANDUM TO: Jason E. Brown County Administrator DATE: December 29, 2017 SUBJECT: Consideration of a Resolution Clarifying and Updating Rules for the Construction Board of Adjustment and Appeals, and Notice of Model Administrative Code Addition and Clarification THROUGH: Stan Boling, Director Community Development Department FROM: Scott P. McAdam, MCP, CBO Building Official It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 9, 2018. BACKGROUND & ANALYSIS: At midnight December 31, 2017 the Florida Building Code 2017 6th Edition regulations went into effect as scheduled and were applied to all building permit applications submitted on and after the first business day of 2018 (January 2, 2018). The new regulations do not propose significant new construction requirements compared to the 2014 5th Edition code, and were automatically incorporated by reference into IRC Code Section 401.01 standard technical codes. Through training sessions and various notifications provided during the summer and fall, the County Building Division has prepared contractors, staff, and other interested parties regarding the code change. Also adopted into the IRC Code by reference are portions of the Model Administrative Code developed by the Building Officials Association of Florida (BOAF). The administrative code deals with administration of the Florida Building Code (FBC) and does not add any technical construction requirements to the FBC regulations. In preparing for the code changes and handling a recent construction variance case, it came to staff s attention that certain aspects of the construction variance board rules need to be updated and certain sections of the BOAF Model Administrative Code need to be 123 added to clarify the administrative policies and rules used by staff. The Model Code sections include Section 105.2 regarding work that is exempt from permitting and Section 105.5 regarding expiration of demolition permits and administrative rules for expired permits. By way of this agenda item, staff is providing notice to the Board of County Commissioners that these Model Code sections are being added to clarify staff s code administration policies and rules. Clarification is also needed, consistent with the building code, regarding the composition of the Construction Board of Adjustment and Appeals and updated rules governing that board. The construction variance board is established by County ordinance, has operated for many years, and is a necessary part of administering the building code even though the board rarely meets. The Building Official and the County Attorney's Office have worked closely together to draft a resolution clarifying and updating various aspects of the construction variance board, consistent with applicable law and local practice. The proposed resolution is supported by the Building Official and County Attorney's Office, and will update and clarify existing practice. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached proposed resolution clarifying and updating rules for the Construction Board of Adjustment and Appeals. ATTACHMENT 1. Proposed resolution 124 RESOLUTION 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, UPDATING THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS WHEREAS, the State of Florida first adopted the Florida Building Code, a state wide building code in 2002; and WHEREAS, it was the intent of the Legislature of the State of Florida that the Florida Building Code would be a statewide, unified building code that superseded and replaced all local building codes; and WHEREAS, the Florida Building Code is updated from time to time and the 2017 6th Edition of the Florida Building Code is adopted by reference pursuant to Indian River County Code Section 401.01; and WHEREAS, Section 113 of the Florida Building Code authorizes the applicable local governing body to appoint members to a Construction Board of Adjustment and Appeals and further sets forth the duties, powers, membership and procedures of the Construction Board of Adjustment and Appeals; and WHEREAS, Ordinances 91-12, 2001-020 and 2003-040 established and amended the Indian River County Building Code Board of Adjustments and Appeals to the Construction Board of Adjustment and Appeals; and WHEREAS, as a result of the adoption of the 2017 6th Edition of the Florida Building Code, it has become necessary to amend the resolution establishing the Construction Board of Adjustment and Appeals so that the resolution is consistent with the Florida Building Code; no additional construction regulations are added as a result of this resolution; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County: ESTABLISHMENT. Pursuant to IRC Code §400.07, 400.08 and the There is hereby established an update to the Construction Board of Adjustment and Appeals, but not less than seven. The Board shall be Commissioners. Florida Building Code Chapter 113, composition and rules governing the which shall consist of nine members appointed by the Board of County Attachmell$ RESOLUTION 2018- 2. MEMBERSHIP. The Construction Board of Adjustment and Appeals shall be composed of the following: • one Division I contractor • one electrical contractor • one mechanical contractor • one plumbing contractor • one architect • one engineer • one code administrator, inspector or plans examiner and • two members of the general public. 3. TERM. The terms of office of the board members shall be staggered so no more than 1/3 of the board is appointed or replaced in any 12 month period. Vacancies shall be filled for an un -expired term in the manner in which original appointments are required to be made. Continued absence of any member from required meetings of the board shall, at the discretion of the applicable governing body, render any such member subject to immediate removal from office. Members serve a 3 -year term. 4. QUORUM AND VOTING. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the board, shall be required. 5. POWERS AND DUTIES. The Construction Board of Adjustments and Appeals shall have the power and duty to: • revoke or suspend the registration of any person approved, registered or licensed under this chapter who shall be guilty of any one (1) or more of the offenses listed in IRC Code §§400.07 and 400.08. • hear appeals of decisions, administrative complaints and interpretations of the building official relating to County ordinances, rules and regulations. The owner of a building, structure or service system, or his duly authorized agent, may request a hearing before or appeal a decision of the building official to the Construction Board of Appeals whenever any one of the following conditions listed in Florida Building code §113.4.1 are claimed to exist: 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. AttachmcM RESOLUTION 2018- 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regulations there under have been misconstrued or incorrectly interpreted. 5. A citation or an administrative complaint has been filed by the Building Official. Appeals of decisions and interpretations of the building official relating to the Florida Building Code, (see section 113.4.2 of the Florida Building Code), must be made to the Florida Building Commission as outlined in Florida Statute §553.775. 6. GENERAL PROVISIONS. The provisions of Title 1, Chapter 103, relating to boards and commissions shall apply to this Committee. The Board shall elect from among its voting members a chairman and a vice chairman at its first meeting of each year. Each chair and vice chair shall serve for a one-year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. 7. MEETINGS. The Board shall meet within 30 calendar days after notice of appeal has been received. Meetings shall be held as decided by the Committee in coordination with County staff. A meeting may be called at the request of the chair of the Committee. The agenda for each meeting shall be established by the chairman in coordination with County staff. The chairman, staff or any Committee member may place matters on the agenda. Any Committee member may make an oral or written report on committee activity at a subsequent Board of County Commissioners meeting under "Public Discussion Items" or under "Departmental Agenda Matters" with the concurrence of staff. 8. DECISIONS. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as an aggrieved party might have at law or in equity. AttachmelV RESOLUTION 2018- 9. CONSULTANT/VENDOR CONTACT. The chair or individual Committee members are prohibited from contacting consultants or vendors retained by the County. 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 Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this 9th day of January, 2018. Attest: Jeffrey R. Smith, Clerk INDIAN RIVER COUNTY Of the Circuit Court and Comptroller BOARD OF COUNTY COMMISSIONERS AS Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney By Peter D. O'Bryan, Chairman BCC approval date: Attachment$ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist *�) SUBJECT: Right -of -Way Acquisition — 66th Avenue Widening Project Owner: Kirk & Nancy Jo Madsen - 7855 66th Ave, Vero Beach, FL 32967 DATE: December 13, 2017 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition for the planned improvements of 66th Avenue between 69th Street - 85th Street. The proposed improvements include widening the existing two-lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Kirk Madsen and Nancy Jo Madsen own a 4.64 acre parcel which is zoned A-1. To accommodate the future planned improvements on 66th Avenue, the County needs to acquire the 0.07 acres of the parcel for right-of-way purposes. The County obtained an appraisal of the property indicating a value of $20,000.00. The County offered the appraised value of $20,000.00 to purchase the 0.07 acres, and after several months of negotiations Mr. and Mrs. Madsen agreed to the offer. FUNDING Funding is budgeted and available in Account No. 31521441-066120-16009, Optional Sales Tax, 66th Avenue (69th Street - 85th Street). RECOMMENDATION Staff recommends the Board approve the Purchase Agreement for the 0.07 acres of property located at 7855 66th Ave, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS One Original Purchase Agreement APPROVED AGENDA ITEM FOR: January 9, 2018 F:\Public Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening_49th St to 81st St\2-Right of Way\BCC Agenda Memos\Kirk 12 Madsen\Kirk Madsen Agenda Mem9o.doc 7 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND KIRK MADSEN AND NANCY JO MADSEN THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2017, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Kirk Madsen and Nancy Jo Madsen ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 7855 66th Avenue, Vero Beach, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 3,240 square feet or 0.07 acres of property as depicted on Exhibit "A", and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 7855 66th Avenue, Vero Beach, Florida and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 3,240 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $20,000.00 (Twenty Thousand and 001100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting 130 of such Board or by the County Administrator pursuant to his delegated authority 2.2 The Seller agrees that the purchase price ("Purchase Price") of $20,000.00 will cover all project impacts including relocation of the electronic gate, key pad, trees, and irrigation system if necessary. In addition, the installation of a turnaround U-turn on the existing drive is also included in the purchase price. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor 131 any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 132 8.1 County shall pay the following expenses at Closing: 8. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controllinq Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Bindin_ Eq ffect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Kirk & Nancy Jo Madsen 7855 66th Avenue Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 133 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney s r Kirk Madsen Date Na* Jo N# d en Date 134 s 3 x N W+ »> E o S it GRAPIUC SCALE EXHIBIT A LATERAL 14E CANAL SOUTH LINE 14E CANAL L3 C1 31393100000700000010.1 ORB 1198, PG 1745 Iva K Iva N O SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST a I Z 0 Urn U M Z J vi vi CANAL R -14E w L1 �4 1 -PARCEL 154 W LENGTH P.O.C. 3,240 SQ. FT. M S.E. CORNER _ o SECTION 31 0 0.07 ACRES 30' TOWNSHIP 32 SOUTH 129.40 77th STREET L4 5' S00'32'54"W PARCEL wl7) z Z (n z w n D. N N w¢ This certifies that a legal description and sketch of the property shown ZQ 3 \ \ LLJm I 721) standardsforth bythe Rorid. ere Qu PG PAGE I \\0 ORB OFFICIAL RECORDS BOOK 0 �� TCE TEMPORARY CONSTRUCTION best of my knowledge and belief. Subect to not and notations shown Q EASEMENT FDOT FLORIDA DEPARTMENT OF (0 0] TRANSPORTATION [V SECT. SECTION LINE TABLE W LENGTH P.O.C. L1 M S.E. CORNER _ o SECTION 31 0 TOWNSHIP 31 SOUTH Z TOWNSHIP 32 SOUTH 129.40 77th STREET L4 LINE TABLE LINE LENGTH BEARING L1 30.00 N89'27'06"W L2 129.79 N89'52'55"W L3 129.40 S89'52'55"E L4 25.00 S00'32'54"W CURVE TABLE CURVE I LENGTH I RADIUS TANGENT1 CHORD I BEARING DELTA Cl 1 25.01 13080.001 12.50 1 25.01 1 N01'27'12"E 1 0'27'55" A VENUE Z 154 LEGEND SECTION LINE — — EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY PARCEL RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT This certifies that a legal description and sketch of the property shown P.O.B. PONT OF BEGINNING hereon was mode under my supervision and that this legal description R/W RIGHT OF WAY standardsforth bythe Rorid. ere PG PAGE Boardvekof Professional S and Mac In Cha ter J-17, Florida Administrative Code, pursuantto Sect1w 472027, Florida Statutes and ORB OFFICIAL RECORDS BOOK that this drawing is a true and accurate representation thereof to the TCE TEMPORARY CONSTRUCTION best of my knowledge and belief. Subect to not and notations shown EASEMENT FDOT FLORIDA DEPARTMENT OF h—on. TRANSPORTATION LLL�� SECT. SECTION E.C. DEMEMR, P.S.M. NO. 5179 JUL 2 4 W7 DATE Not valid without the signature and the original raised seal of a Rorlda Ucensed Surveyor and Mopper. srata 1'.100' DATE SHEET NUMBER Kim ep0orn 7/iI LEGAL DESCRIPTION AND SKETCH OF owAwN � DFa © mn lOe%Y—RON M0 Aseaa .% ma [0;4703TlINDIAN PARCEL 154 1 O F 2 o�mm sr ECO veer asn' snscr, vn[ aoq vfAo eEAol n. swo rxa/D na-n�woo r"e m �s�-aye OJECN RIVER COUNTY, FLORIDA ew/.IOIFY-Npd.�ll 5041 135 LEGAL DESCRIP11ON RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE, BEARING NORTH 00'32'54" EAST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 1,255.42 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'27'06" WEST, A DISTANCE OF 30.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 89'52'55" WEST, A DISTANCE OF 129.79 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 00'27'55", A CHORD LENGTH OF 25.01 FEET BEARING NORTH 01'27'12" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 25.01 FEET TO A POINT ON THE SOUTH LINE OF THE LATERAL 14E CANAL; THENCE, BEARING SOUTH 89'52'55" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 129.40 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 66TH AVENUE; THENCE, LEAVING SAID SOUTH LINE, BEARING SOUTH 00'32'54" WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 3,240 SQUARE FEET OR 0.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 31. SAIC LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. "ElDl DATE SHEET NUMBER Kim eymMorn �/1D/17 LEGAL DESCRIPTION AND SKETCH OF MI� �_„,,,�,wm AS90,11ES. we PARCEL154 2 OF 2 116 1aR1 sIRF£T. s1DE POq wa aAn+, R Saxo PRO.ECT N0. .H� m-�w aoorAw m>o� ono 047035041 INDIAN RIVER COUNTY, FLORIDA YMJOAEY-RDIIKCOI 136 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James D. Gray, Jr. Natural Resources Manager SUBJECT: Approval of Agreement—Aptim Environmental & Infrastructure, Inc. for Engineering and Biological Support Services for Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project. RFQ# 2018006 DATE: December 20, 2017 DESCRIPTION AND CONDITIONS On November 21, 2017, the Board of County Commissioners approved the selection of APTIM Environmental & Infrastructure, Inc. (APTIM) for the Engineering and Biological Support Services for Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project. RFQ #2008006. This contract is anticipated to run until all elements of the project are completed, including but not limited to, design, permitting, construction, and post construction monitoring. County staff has negotiated standard fee schedules and the "master" agreement with APTIM. The fee schedule reflects fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual project specific work orders. APTIM has accepted the "master" agreement and the submitted fee schedule has been accepted by reviewing staff. FUNDING Funds for the Sector 3 Beach Project are budgeted and available in the Beach Restoration Fund whose revenue is derived from one half of the proceeds of the levy of the Local Option Tourist Development Tax (3%). Among the accounts that will be used are: Other Professional Services— Hurricane Matthew, Account No. 12814472-033190-17001, Sector 3 Post Construction Monitoring, Account No. 12814472-033490-05054, and Other Professional Services, Account No. 12814472-033190-01024. The County has also received a fully signed FEMA Project Worksheet (No. IRGA01— Hurricane Matthew), making project related design, permitting, and construction expenses eligible for up to 87.5% in Federal and State cost share. PAGE TWO C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@200D3CC9\@BCL@200D3CC9.doc 137 BCC Agenda item — APTIM Contract For January 9, 2018 BCC Meeting RECOMMENDATION Staff recommends the Board approve the negotiated standard fee schedule and the "master" agreement with APTIM and requests the Board to authorize the Chairman to execute the agreement. ATTACHMENT 1. APTIM Environmental & Infrastructure, Inc. Agreement and Fee Schedule APPROVED AGENDA ITEM FOR: JANUARY 9, 2018 C:AUsers\legistarAAppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@200D3CC9\@BCL@200D3CC9.doc 138 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT for PROFESSIONAL ENGINEERING SERVICES ("Agreement"), entered into as of this day of , 2018 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach FL 32960 ("COUNTY"), and Aptim Environmental & Infrastructure Inc. whose address is 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY solicited Requests for Statements of Qualification # 2018006 for Professional coastal engineering and biological support services related to the management and renourishment of the Sector 3 Project area. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Engineering and Biological support services "Services" for Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project ("Project") as more fully set forth in the Scope of Services attached as Exhibit A to this Agreement and made a part by reference. C. Consultant has submitted an Hourly Rate Schedule attached as Exhibit B to this Agreement and made a part by reference. D. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and E. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: GENERAL. 1.1 All professional services provided by the Consultant for the COUNTY shall be provided consistent with All professional services provided by the Consultant for the COUNTY shall be identified in Work Orders and performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of the applicable discipline. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 139 paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed 'by both the COUNTY and the Consultant by which the COUNTY accepts Consultant's proposal for specific services and Consultant indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed, 1.3 Services related to any Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Work Order and Agreement, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Agreement. 1.4 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, As -built surveys, GIS maps, and other documents in the possession of the COUNTY pertinent to the Project. The Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Consultant's attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.4 Approval by the COUNTY of any of the Consultant's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of 2 FWarketingl_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 140 responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.5 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.6 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub - consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.7 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 2.8 The COUNTY shall provide professional survey services as may be required for design, permitting, construction and monitoring of the Project. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary professional engineering consulting services to assist the COUNTY with professional coastal engineering and biological support services for the Project area as set forth in this Agreement. 3 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 141 3.2 The Consultant will endeavor not to duplicate any previous work done on the Project. Before beginning work, the Consultant shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The Consultant agrees to complete the Project within the time frame specified in the Work Order. 3.4 The Consultant will maintain an adequate staff of qualified personnel. 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.9 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.10 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, documents and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.11 All documents, reports, tracings, software, specifications, field books, survey notes and information, maps, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified 4 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 142 by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.12 The Consultant will confer with the COUNTY during the further development of improvements for which the Consultant has provided design or other services, and the Consultant will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant of the existence of such errors or omissions by the Consultant, whichever event shall first occur. 3.13 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.14 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.15 All documents, including but not limited to drawings and specifications, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 4. TERM; TIME FOR COMPLETION. 4.1 The time for completion of the Project shall be defined in the Exhibits. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant the mutually agreed professional fees for Services rendered for the Project, to be paid in monthly installments or on a deliverable basis, as set forth in the Work Order based upon rates identified in Exhibit B. Duly certified invoices, in triplicate, phased as per the Exhibits, shall be submitted to the 5 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 143 County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily 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 Consultant 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.). 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under an existing Work Order at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. In order to remain consistent with State Beach Management Funding Assistance Program policies the County is limiting consultant mark-up of sub -consultant contracts to a 5 percent maximum and approved consultant travel rates as set forth in Chapter 112 of the Florida Statutes. C -i F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Bea ch\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 144 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.6 The Consultant's insurance companies shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.8 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the Consultant with separate written notice of such adjusted limits and Consultant shall comply within thirty (30) days of receipt thereof. The failure by Consultant to provide such additional coverage shall constitute a default by Consultant and shall be grounds for termination of this Agreement by the COUNTY. 7.9 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual 7 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 145 Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work complete as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant 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 Consultant in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does 8 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 146 not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement 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. 10. • MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger: Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governinq Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies: No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent 9 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 147 delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Richard B. Szpyrka, P.E. 1801 27th Street Vero Beach, FL 32960-3365 Email: rszDvrka(a7ircgov.com Consultant: Aptim Environmental & Infrastructure, Inc. Attn: Thomas P. Pierro, P.E. D.CE 2481 NW Boca Raton Boulevard Boca Raton, FL 33431 Email: thomas.pierro@aptim.com 10 FWarketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 148 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 11. FEDERAL PROVISIONS OWNER and CONSULTANT will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the Consultant agrees as follows: (1) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or 11 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 149 understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Consultant will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States. B. Davis -Bacon Act as amended (40 U.S.C. 3141-3148). In accordance with the statute, Consultants must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Consultants must be required to pay wages for covered workers not less than once a week. The County must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. C. Compliance with the Copeland "Anti -Kickback" Act. (1) Consultant. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 12 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAI.docx 150 (2) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and subcontractor as provided in 29 C.F.R. § 5.12. D. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). (1) Overtime requirements. No Consultant or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. FEMA, or the County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime Consultant, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 13 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 151 E. Rights to Inventions Made Under a Contract or Agreement. If a Federal award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. F. Clean Air Act. (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The Consultant agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. G. Federal Water Pollution Control Act. (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The Consultant agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. H. Energy Policy and Conservation Act. The Consultant agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. I. Suspension and Debarment. (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 14 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Bea ch\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 152 (2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. J. Byrd Anti -Lobbying Amendment (31 U.S.C. & 1352 (as amended). Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. K. Procurement of Recycled/Recovered Materials. (1) In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. L. Access to Records. The following access to records requirements apply to this contract: (1) The Consultant agrees to provide the COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 15 F:Warketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Bea ch\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 153 (2) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Consultant agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. M. DHS Seal, Logo, and Flags. The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. N. Compliance with Federal Law Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to partially fund the Project. The Consultant will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. O. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract. P. Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this contract. Q. Affirmative Steps. Consultant shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 16 F:Warketingl_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 3 Wabasso Beach\_Contracting\2017-12-21 FEMA Beach Consulting Agreement Sector 3_FINAL.docx 154 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Aptim Environmental & Infrastructure, Inc. By Thomas . Pierro, P11, D. Director of Operations Date IaIasJDO_(77 Witness: 71 By f 14ele Printed Name Avc4le 17 INDIAN RIVER COUNTY By its Board of County Commissioners By Peter D. O'Bryan, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney C:\Users\lauren.floyd\AppData\LocallMicrosoft\Windows\Temporary Internet Files\Content.Outlook\B4TBGDYT\2017-12-21 FEMA Beach Consulting Agreement Sector 3 FINAL.docx 155 EXHIBIT A Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project Scope of Services I. PROJECT BACKGROUND As defined in the Indian River County Beach Preservation Plan (2015) the Sector 3 Beach and Dune Restoration Project is located on the east coast of Florida within Indian River County. The northern boundary of the project is located approximately 3.6 miles south of the Sebastian Inlet and extends approximately 6.6 miles between the Florida Department of Environmental Protection (FDEP) Reference (R) Monuments R -20-R-55. The Sector 3 project area has been historically erosional and is designated by FDEP (2016) as critically eroded. The project was initially nourished 2010-2012 under FDEP Joint Coastal Permit No. 0285993 -001 -JC. A dune repair project was subsequently completed between R-24 and R-55 in 2015 under FDEP Permit Modification No. 085993 -008 -JN following damages sustained during Hurricane Sandy (October 2012). Permit required post construction monitoring has been ongoing since 2010. The Sector 3 Project Area sustained damage from Hurricane Matthew (2016) and is in need of renourishment to maintain protection to upland properties and infrastructure. II. SCOPE OF SERVICE A. Provide professional coastal engineering and biological support services, on an open-end project specific services basis, related to the management and renourishment of the Sector 3 project area. B. A description of the scope of services includes but is not limited to the following: • Expertise in planning, environmental investigation, analysis, and related services in preparing design proposals and permitting for the Sector 3 Beach and Dune Restoration Project. • Feasibility analysis of project alternatives, to include cost—effectiveness, permitability, environmentally conscientiousness, engineering soundness, and constructability. • Identification and documentation of environmental impacts of feasible alternatives (i.e. possible impacts to marine turtle nesting and nearshore hardbottom resources). 156 • Experience with numerical hydrodynamic and morphological coastal modeling and utilization of predictive modeling to evaluate project performance. • Expertise in the preparation of National Environmental Policy Act (NEPA) documents and preparation of monitoring and mitigation plans. • Knowledge of local, State, and Federal regulations relative to Indian River County shoreline and good working relationships with State and Federal review agencies' staff assigned to Indian River County. • Preparation of State and Federal Permit applications and all services necessary for issuance of permits. • Preparation of final plans, bid and contact documents, and assistance to the County in selection of contractors. • Supervision of construction, review and approval of work completed, and preparation of As -Built drawings. • Experience in sea turtle monitoring (nesting and nearshore) and reporting to State and Federal agencies. • Experience in offshore biological monitoring (nearshore hardbottom, UMAM, etc.) and reporting to State and Federal agencies. • Experience in completing post construction physical monitoring reports (shoreline change analysis, sediment testing and analysis, aerial photography, etc.) • Grant assistance and writing. • Experience with FEMA relative to Federal policy, reporting, and project reimbursement. • Geotechnical collection and analysis. 157 EXHIBIT B APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. STANDARD RATE SCHEDULE (Indian River County - January 1, 2018 to December 31, 2018) I. PERSONNEL CLASSIFICATION Rate Principal Engineer/Senior Project Manager ...................................................... 250.00/hour Expert Witness (Testimony)............................................................................ 300.00/hour Program Manager........................................................................ 190.00/hour Senior Coastal Engineer/Project Manager....................................................... 165.00/hour CoastalEngineer III......................................................................................... 150.00/hour CoastalEngineer II........................................................................................... 125.00/hour CoastalEngineer I........................................................................................... 105.00/hour Coastal Modeler II....................................................................... 130.00/hour Coastal Modeler I........................................................................ 110.00/hour Professional Surveyor & Mapper..................................................................... 145.00/hour Hydrographer............................................................................. 135.00/hour Surveyor................................................................................... . 95.00/hour SurveyTechnician.............................................................................................. 80.00/hour Senior Marine Biologist.................................................................................. 135.00/hour MarineBiologist II............................................................................................. 95.00/hour Marine Biologist I........................................................................ 72.00/hour Professional Geologist................................................................ . 150.00/hour Geologist III.............................................................................. 130.00/hour Geologistll......................................................................................................... 95.00/hour GeologistI......................................................................................................... 80.00/hour SeniorCAD Operator...................................................................................... 140.00/hour CADOperator................................................................................................. 105.00/hour GISOperator................................................................................................... 105.00/hour Boat Captain.............................................................................. 80.00/hour Bookkeeper........................................................................................................ 80.00/hour Clerical............................................................................................................... 71.00/hour Technician................................................................................. 60.00/hour CONFIDENTIAL AND PROPRIETARY INFORMATION 158 STANDARD RATE SCHEDULE (Continued) II. EQUIPMENT Rate Truck (2WD road use).................................................................. $0.565/mile Truck (4WD beach use)...................................................................................... 110.00/day Survey Boat (28 ft. Parker).............................................................................. 1,050.00/day Survey Boat (24 ft. Privateer)............................................................................ 790.00/day SurveySea Sled.................................................................................................. 310.00/day AllTerrain Vehicle............................................................................................ 105.00/day Enclosed18" Trailer............................................................................................. 78.00/day TrimbleRTK GPS.............................................................................................. 495.00/day Trimble Differential GPS.................................................................................... 415.00/day Leitz Total Station w/Data Collector.................................................................. 130.00/day Hand Laser Range Finder................................................................ 15.00/day RangeAzimuth System....................................................................................... 310.00/day Odom Hydrotrack Sounder................................................................................ 165.00/day Heave, Pitch, Roll Compensator........................................................................ 215.00/day Odom ES3PT Multibeam...............................................................ay 600 00 Speed of Sound Velocity Meter........................................................................... 63.00/day Hypack/DredgePack Navigation System............................................................ 260.00/day 2 Hypack/Hysweep.........................................................................ay Nortek AWAC ADCP high frequency deepwater wave height, direction and current profiler .................................................................................................................. 5,000.00/month * Nortek Aquadopp ADCP low frequency shallow water wave height, direction and current profiler...................................................................................................... 2,900.00/month * Nortek Storm Software for wave and current data processing ............................. 50.00/day Primer statistical package.................................................................$2 00 project X -STAR CHIRP 5121 Seismic Profiling System ............................................. 1,150.00/day Seismic Profiler Thermal Printer........................................................................ 130.00/day Sonar Wizard Map Seismic Data Processing Package ....................................... 155.00/day Edgetech 4200 FS Sidescan Sonar System......................................................... 695.00/day Sonar Wizard Map Sidescan Data Processing Package ...................................... 155.00/day Geometric G-881 Magnetometer........................................................................ 215.00/day Schonstedt GA -52B Magnetic Locator................................................................. 30.00/day JetProbe with Pump............................................................................................. 55.00/day UnderwaterTide Gauge...................................................................................... 175.00/day NikonLevel/Tripod/Rod...................................................................................... 65.00/day PC PowerPoint Projector................................................................................I..... 50.00/day LietzHandheld Level........................................................................................... 10.00/day Optical Reading Compass...................................................................................... 10.00/day GarminHandheld GPS........................................................................................... 10.00/day Turbidimeter......................................................................................3 8.00/day CONFIDENTIAL AND PROPRIETARY INFORMATION 159 STANDARD RATE SCHEDULE (Continued) SCUBA Tanks (Nitrox).........................................................................................19.00/day DigitalCamera...................................................................................................... 10.00/day Underwater Camera............................................................................................. 32.00/day Underwater Camera W/Strobes...........................................................75.00/day Underwater Seadrop Integrated Camera ................................................30.00/day Underwater Video Camera...................................................................................115.00/day GPS Integrated Underwater Video Camera.........................................................435.00/day UnderwaterScooter............................................................................................... 50.00/day SieveAnalysis................................................................................................. 75.00/sample Carbonate Analysis......................................................................................... 50.00/sample Monuments......................................................................................................... 28.00/each SurveyDisk......................................................................................................... 15.00/each DrySuit................................................................................................................. 15.00/day PonarSampler....................................................................................................... 30.00/day Microscopes.......................................................................................................... 20.00/day MobileTelephone................................................................................................. 10.00/day Penetrometer........................................................................................................ 55.00/day Generator................................................................................... a 60.00/day * ADCP monthly cost may be pro -rated for shorter periods of use CONFIDENTIAL AND PROPRIETARY INFORMATION 160 STANDARD RATE SCHEDULE (Continued) III. SCUBA DIVING SERVICES Equipment & Insurance ......... Rate ............................................................... $75/diver/day ** ** Charge in addition to normal hourly rates for personnel listed on Page 1. IV. NUMERICAL MODELS Rate ADCIRC Tidal Circulation Model ................................................ $1,0 00/project BOUSS 2D WAVE - Wave Refraction/Diffraction Model .................... $1,000/project MIKE21- NSW Spectral Wave Transformation Model ........................ $2,000/project MIKE21- HD 2D Current Simulation Model ................................... $2,000/project MIKE21- ST 2D Sediment Transport Model .................................... $2,000/project DELFT 3D WAVE - SWAN Wave Refraction/Diffraction Model.......... $1,000/project DELFT 3D FLOW - 2D Hydrodynamic Model ................................. $2,200/project DELFT 3D MORPHO - Morphodynamic Model ............................. $3,000/project DELFT 3D WAQ — Water Quality Model ....................................... $2,000/project V. REPRODUCTIONS Rates Photocopies — Black & White 8 '/2" x I I" and 8/2" x 14"....................................................................... $0.10/page 11" x 17"..................................................................................................$0.15/page HeavyBond............................................................................................. $0.30/page CoverStock.............................................................................................$0.50/page Photocopies — Color 81/2" x 11" and 8/2" x 14"....................................................................... $0.50/page 11 " x 17".................................................................................................. $0.75/page HeavyBond............................................................................................. $1.00/page CoverStock............................................................................................. $1.00/page CAD Plotter Copies 8 '/2" x I 1" and 8 '/2" x 14"....................................................................... $1.00/each 11 " x 17".................................................................................................. $2.00/each 24" x 36".................................................................................................. $3.00/each VI. APPROVED SUB -CONSULTANTS (management fee) ................................ 5% of cost VII. DIRECT COSTS (handling fee)....................................................................... 5% of cost CONFIDENTIAL AND PROPRIETARY INFORMATION 161 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James D. Gray, Jr. Natural Resources Manager SUBJECT: Approval of Agreement — Coastal Technology Corporation for Engineering and Biological Support Services for Sector 7 (Porpoise Point) Beach and Dune Renourishment Project. RFQ# 2018007 DATE: December 20, 2017 DESCRIPTION AND CONDITI On November 21, 2017, the Board of County Commissioners approved the selection of Coastal Technology Corporation (Coastal Tech) for the Engineering and Biological Support Services for Sector 7 (Porpoise Point) Beach and Dune Renourishment Project. RFQ#2008007. Thiscontract is anticipated to run until all elements of the project are completed, including but not limited to, design, permitting, construction, and post construction monitoring. County staff has negotiated standard fee schedules and the "master" agreement with Coastal Tech. The fee schedule reflects fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual project specific work orders. Coastal Tech has accepted the "master" agreement and the submitted fee schedule has been accepted by reviewing staff. FUNDING Funds for the Sector 7 Beach Project is budgeted and available in the Beach Restoration Fund whose revenue is derived from one half of the proceeds of the levy of the Local Option Tourist Development Tax (3%). Among the accounts that will be used are: Other Professional Services— Hurricane Matthew, Account No. 12814472-033190-17001, Sector 7 Post Construction Monitoring, Account No. 12814472-033490-05079, and Other Professional Services, Account No. 12814472-033190-01024. The County has also received a fully signed FEMA Project Worksheet (No. IRGA05 — Hurricane Matthew), making project related design, permitting, and construction expenses eligible for up to 87.5% in Federal and State cost share. Il_LeI:111119061 C:AUsers\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\0a BCL@FC0CF7C7\@BCL0q FCOCF7C7.doc 162 BCC Agenda item — Coastal Tech Contract For January 9, 2018 BCC Meeting RECOMMENDATION Staff recommends the Board approve the negotiated standard fee schedule and the "master" agreement with Coastal Tech) and requests the Board to authorize the Chairman to execute the agreement. ATTACHMENT 1. Coastal Technology Corporation Agreement and Fee Schedule APPROVED AGENDA ITEM FOR: JANUARY 9, 2018 C:\Users\legistar\AppData\Local\TempWL Technologies\easyPDF 8\@BCL@FCOCF7C7\@BCL@FCOCF7C7.doc 163 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT for PROFESSIONAL ENGINEERING SERVICES ("Agreement"), entered into as of this day of , 2017 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach FL 32960 ("COUNTY"), and Coastal Technology Corporation whose address is 3625 20th Street, Vero Beach, FL 32960 ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY solicited Requests for Statements of Qualification # 2018007 for Professional coastal engineering and biological support services related to the management and renourishment of the Sector 7 Project area. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Engineering and Biological support services "Services" for Sector 7 (Porpoise Point) Beach and Dune Renourishment Project ("Project") as more fully set forth in the Scope of Services attached as Exhibit A to this Agreement and made a part by reference. C. Consultant has submitted an Hourly Rate Schedule attached as Exhibit B to this Agreement and made a part by reference. D. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and E. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: GENERAL. 1.1 All professional services provided by the Consultant for the COUNTY shall be provided consistent with Exhibits A, and B (collectively, the "Exhibits"). All professional services provided by the Consultant for the COUNTY shall be identified in Work Orders and performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of the applicable discipline. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify l- Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contra ct\2017-12-21 FEMA Beach Consulting Agreement Sector 7—FINAL - with Signatures.docx 164 all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed 'by both the COUNTY and the Consultant by which the COUNTY accepts Consultant's proposal for specific services and Consultant indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed, 1.3 Services related to any Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Work Order and Agreement, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Agreement. 1.4 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, As -built surveys, GIS maps, and other documents in the possession of the COUNTY pertinent to the Project. The Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Consultant's attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.4 Approval by the COUNTY of any of the Consultant's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the 2 L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contra ct\2017-12-21 FEMA Beach Consulting Agreement Sector 7FINAL - with Signatures.docx 165 COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.5 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.6 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub - consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.7 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 2.8 The COUNTY shall provide professional survey services as may be required for design, permitting, construction and monitoring of the Project. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary professional engineering consulting services to assist the COUNTY with professional coastal engineering and biological support services for the Project area as set forth in this Agreement. 3.2 The Consultant will endeavor not to duplicate any previous work done on the Project. Before beginning work, the Consultant shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3 l- Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contra ct\201 7-12-21 FEMA Beach Consulting Agreement Sector 7—FINAL - with Signatures.docx 166 3.3 The Consultant agrees to complete the Project within the time frame specified in the Work Order. 3.4 The Consultant will maintain an adequate staff of qualified personnel. 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.9 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.10 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, documents and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.11 All documents, reports, tracings, software, specifications, field books, survey notes and information, maps, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 4 I-Warketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting Agreement Sector 7—FINAL - with Signatures.docx 167 3.12 The Consultant will confer with the COUNTY during the further development of improvements for which the Consultant has provided design or other services, and the Consultant will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant of the existence of such errors or omissions by the Consultant, whichever event shall first occur. 3.13 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.14 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.15 All documents, including but not limited to drawings and specifications, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 4. TERM; TIME FOR COMPLETION. 4.1 The time for completion of the Project shall be defined in the Work Order. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant the mutually agreed professional fees for Services rendered for the Project, to be paid in monthly installments or on a deliverable basis, as set forth in the Work Order based upon rates identified in Exhibit B. Duly certified invoices, in triplicate, phased as per the Exhibits, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination 5 I- Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting 16g Agreement Sector 7_FINAL - with Signatures.docx of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the Consultant 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.). 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under an existing Work Order at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. In order to remain consistent with State Beach Management Funding Assistance Program policies the County is limiting consultant mark-up of sub -consultant contracts to a 5 percent maximum and approved consultant travel rates as set forth in Chapter 112 of the Florida Statutes. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 6 L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting 169 Agreement Sector 7—FINAL - with Signatures.docx 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.6 The Consultant's insurance companies shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.8 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the Consultant with separate written notice of such adjusted limits and Consultant shall comply within thirty (30) days of receipt thereof. The failure by Consultant to provide such additional coverage shall constitute a default by Consultant and shall be grounds for termination of this Agreement by the COUNTY. 7.9 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or (d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work 7 L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contra ct\2017-12-21 FEMA Beach Consulting 1,70 Agreement Sector 7_FINAL - with Signatures.docx previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work complete as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant 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 Consultant in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person 8 L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contra ct\201 7-12-21 FEMA Beach Consulting 1%1 Agreement Sector 7—FINAL - with Signatures.docx other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement 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. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 0 L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting 1%2 Agreement Sector 7—FINAL - with Signatures.docx 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Richard B. Szpyrka, P.E. 1801 27th Street Vero Beach, FL 32960-3365 Email: rszpyrka(c-)ircgov.com Consultant: Coastal Technology Corporation. Attn: Michael Walther, P.E., D.CE 3625 20th Street Vero Beach, FL 32960 Email: mwalther@coastaltechcorp.com Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10 L- Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting 1 %3 Agreement Sector 7—FINAL - with Signatures.docx 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 11. FEDERAL PROVISIONS OWNER and CONSULTANT will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the Consultant agrees as follows: (1) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 11 I- Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contra ct\2017-12-21 FEMA Beach Consulting 1 %4 Agreement Sector 7—FINAL - with Signatures.docx (5) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Consultant will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States. B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). In accordance with the statute, Consultants must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Consultants must be required to pay wages for covered workers not less than once a week. The County must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. C. Compliance with the Copeland "Anti -Kickback" Act. (1) Consultant. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 12 L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting 1 %5 Agreement Sector 7_FINAL - with Signatures.docx (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and subcontractor as provided in 29 C.F.R. § 5.12. D. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). (1) Overtime requirements. No Consultant or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. FEMA, or the County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime Consultant, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. E. Rights to Inventions Made Under a Contract or Agreement. If a Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights 13 L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting 1%6 Agreement Sector 7—FINAL - with Signatures.docx to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. F. Clean Air Act. (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The Consultant agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. G. Federal Water Pollution Control Act. (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The Consultant agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. H. Energy Policy and Conservation Act. The Consultant agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. I. Suspension and Debarment. (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to 14 l- Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting 1,7,7 Agreement Sector 7—FINAL - with Signatures.docx Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. J. Byrd Anti -Lobbying Amendment (31 U.S.C. $ 1352 (as amended). Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. K. Procurement of Recycled/Recovered Materials. (1) In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. L. Access to Records. The following access to records requirements apply to this contract: (1) The Consultant agrees to provide the COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Consultant agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 15 L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contra ct\2017-12-21 FEMA Beach Consulting 1,78 Agreement Sector 7—FINAL - with Signatures.docx M. DHS Seal, Logo, and Flags. The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. N. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to partially fund the Project. The Consultant will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. O. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract. P. Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this contract. Q. Affirmative Steps. Consultant shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 16 L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting 1%9 Agreement Sector 7—FINAL - with Signatures.docx IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Coastal Technology Corporation By Michael Walther, PE, D.CE Vice -President Date December 21, 2017 Witness: By Printed Name: Jeanne H. Walther 17 INDIAN RIVER COUNTY By its Board of County Commissioners By Peter D. O'Bryan, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contra ct\201 7-12-21 FEMA Beach Consulting 180 Agreement Sector 7—FINAL - with Signatures.docx EXHIBIT A Sector 7 (Porpoise Point) Beach and Dune Renourishment Project Scope of Services I. PROJECT BACKGROUND As defined in the Indian River County Beach Preservation Plan (2015) the Sector 7 Beach and Dune Restoration Project is located on the east coast of Florida within Indian River County. The northern boundary of the project is located approximately 18.3 miles south of the Sebastian Inlet and extends approximately 2.2 miles between the Florida Department of Environmental Protection (FDEP) Reference (R) Monuments R -97-R-108. The Sector 7 project area has been historically erosional of which a majority (R -99-R-108) is designated by FDEP (2016) as critically eroded. The project was initially nourished in 2007 under FDEP Joint Coastal Permit No. 0215960- 001 -JC and U.S. Army Corps of Engineers (USACE) permit no. SAJ-2003-6106 (IP -IS). Permit required post construction monitoring concluded 2011 however, the County continues to collect annual beach profile surveys along the Sector 7 project area. The Sector 7 Project Area sustained damage from Hurricane Matthew (2016) and is in need of renourishment to maintain protection to upland properties and infrastructure. II. SCOPE OF SERVICE A. Provide professional coastal engineering and biological support services, on an open-end project specific services basis, related to the management and renourishment of the Sector 7 project area. B. A description of the scope of services includes but is not limited to the following: • Expertise in planning, environmental investigation, analysis, and related services in preparing design proposals and permitting for the Sector 7 Beach and Dune Restoration Project. • Feasibility analysis of project alternatives, to include cost—effectiveness, permitability, environmentally conscientiousness, engineering soundness, and constructability. • Identification and documentation of environmental impacts of feasible alternatives (i.e. possible impacts to marine turtle nesting and nearshore hardbottom resources). • Experience with numerical hydrodynamic and morphological coastal modeling and utilization of predictive modeling to evaluate project performance. 181 • Expertise in the preparation of National Environmental Policy Act (NEPA) documents and preparation of monitoring and mitigation plans. • Knowledge of local, State, and Federal regulations relative to Indian River County shoreline and good working relationships with State and Federal review agencies' staff assigned to Indian River County. • Preparation of State and Federal Permit applications and all services necessary for issuance of permits. • Preparation of final plans, bid and contact documents, and assistance to the County in selection of contractors. • Supervision of construction, review and approval of work completed, and preparation of As -Built drawings. • Experience in sea turtle monitoring (nesting and nearshore) and reporting to State and Federal agencies. • Experience in offshore biological monitoring (nearshore hardbottom, UMAM, etc.) and reporting to State and Federal agencies. • Experience in completing post construction physical monitoring reports (shoreline change analysis, sediment testing and analysis, aerial photography, etc.) • Grant assistance and writing. • Experience with FEMA relative to Federal policy, reporting, and project reimbursement. • Geotechnical collection and analysis. 182 Exhibit B Hourly Rate Schedule December 19, 2017 Coastal Tprh - r F r Inr Personnel Classification Rate Principal Engineer $250 Sr. Project Manager $190 Project Manager, EOR $165 Sr. Permitting Specialist $133 Permitting & NEPA Specialist $122 Sr. Coastal Engineer/Sr. Construction Manager $233 Coastal Engineer II $125 Coastal Engineer 1 $105 Sr. CAD Operator $140 CAD Operator $105 Sr. GIS Analyst $105 GIS Technician $90 Administrative Staff Support $85 Clerical $71 CSA Orpan Sripnrps_ Inr. Personnel Classification Rate Project Scientist 3 $136 Project Scientist 2 $104 Project Scientist 1 $93 Project Scientist 1 $93 Senior Scientist 1 $169 Senior Scientist 2 $204 Ecological Associates. Inc. Personnel Classification Rate Project Manager $115 Sr. Scientist II $105 Sr. Scientist 1 $95 Biologist II $90 Biologist 1 $80 Field Tech. $55 S&ME Personnel Classification Rate Principal Geologist $185 Senior Geologist $150 Project Geologist $125 Staff Professional $95 Environmental Technician $75 Principal Cultural Resources Professional $120 Senior Cultural Resources Professional $95 Project Cultural Resources Professional $70 Staff Cultural Resources Professional $60 CAD Operator $70 Administrative Support $60 S&ME- Sand Sample Lab Rates Sample Lab Test Rate Munsell Color Determination $5 Grain Size Distribution $75 Carbonate Content $50 Amount Finer than No. 200 Sieve $10 CT -GEC subconsultant administration fee not to exceed 5% of subconsultant's fee. 183 (n. �.I. 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: Richard Baker, Pelican Island Audubon Society ADDRESS: 195 9" Street, SE, Vero Beach, FL 32962 PHONE: 388-1572 SUBJECT MATTER FOR DISCUSSION• Transforming Landscapes for a Sustainable Future Conference - Learn to Enhance Your Yard with Native Plants IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Fx I YES F] NO IS THIS AN APPEAL OF A DECISION ❑ YES 7XI NO WHAT RESOLUTION ARE YOU Encourage attendance and support the use of native plants REQUESTING OF THE COMMISSION? g pp ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1-1 YES FX I NO WHAT FUNDS OR ACTIVITIES ARE None REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form x E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: January 9, 2018 F:\County Admin'ExecAsst'AGENDATublic Discussion Items Fo—doc 184 LEARN TO ENHANCE YOUR YARD WITH NATIVE PLANTS Miii 110 JANUARY 19, 2018 SPONSORS - - --- - ---- --------- - ------ - - - - ----------- - ----- - ------- --- $1,500 5:30PM Registration S25 per person * Students only S 10 -Florida Power& Light -------- - ----------------- ------ - -Grand Harbor Dr. Douglas Tallamy. Keynote Speaker will present a talk based on his book, Audubon Society Bringing Nature Home and How You Can Sustain Wildlife with NatiPlants, -National Estuary 6:OOPM Native Program /EPA Department of Entomology and Wildlife Ecology. University of Delaware, -Sunrise Rotary Club Newark, DE, A wine and beer reception will follow $1,000 I -Environmental Learning Center JANUARY 20, 2018 •Dr. Richard Sakai $500 8:00AM Registration 9:OOAM Dr,Edie Widder - "Health of the Indian River Lagoon." CEO & Senior Scientist, Ocean Research & Conservation Association, Ft. Pierce, FL ---- - ------- - --- ...... 11 _.___..wI -________.._1 ------ - --- Steve Turnipseed, Transformation of a Turtgrass Lawn into a Native Plant 9.45AM , Landscape," President of the Villages Chapter of the Native Plant Society, The 1 Villages, FL 10i30AM Break 10:45AM Tod Winston. "Plant It and They Will Come." Program Manager, Plants for Birds, National Audubon Society Dr. Juanita N Baker. "Why should we attract the birds? What habitats do they 11:30PM need in our yards?" Pelican Island Audubon Society, Professor Emeritus Florida Institute of Technology 12:OOPM Box Lunch 12:45PM Dr, Zak Gezon, "Pollinators in a changing climate," Conservation Program Manager, Walt Disney Company 1:30PM 1 Robin Pelensky. 'Lagoon Gardens to save the Lagoon" Landscape Architect Surlaterre Landscape Architecture 2:15PM Break 2:30PM Nickie Munroe, "What is Florida Friendly Landscaping?," Indian River County Environmental Horticulture Agent — -- -------------- Jacob E. Ensor, "Changing HOA Rules to comply with State Statutes," Ross 3:15PM Earle B(onan & Ensor. P -A, 4:00PMTSumrnary: What can we do to improve the lagoon and our plants and animals?j -Friends of the Carr Refuge -Garden Club of IRC -Ken Gonyo •The Law Office of George Glenn -Indian River Neighborhood Association -Marine Resources Council $250 -Brevard Indian River Lagoon Coalition - Conradma Chapter - Florida Native Plant Society of St. Sebastian River -Steve Goff -Frances Graves -Indian River Land Trust -Mandala Village & Resort -National Audubon Society -Native Plant Horticulture Foundation -Pelican Island Preservation Society -Dr. John Orcutt • St Johns Riverkeeper •Save the Manatee Club -Sierra Club - Turtle Coast Group • Marie Stiefel REGISTER ONLINE AT WWW. PELICAN ISLANDAU DU BON.ORG FOR MORE INFORMATION PHONE: 772-567-3520 1 EMAIL: PIAUDUBON@YAHOO.COM 185 BACKGROUND/ ANALYSIS: Many of the key pieces of equipment located at the water and wastewater treatment plants are highly specialized and designed for the specific environment to be used in. Typically major components and repair parts for the specialized equipment are provided by a sole source. Flowserve/Carter and Verplanck, Inc. The central wastewater treatment plant consists of pumping systems manufactured by Flowserve. The typical life span of these pumps is seven (7) to ten (10) years. Maintenance and repairs may take place anytime throughout the lifespan. All replacement units as well as parts, repair service, rebuilding of these pumps, etc. is provided by a sole source. Carter and Verplanck, Inc. is the sole source representative for the Flowserve Pump Division in the State of Florida. Presently, two pump rotating assemblies are due to be replaced at the central wastewater treatment plant. The cost of the two repairs is expected to be $37,454. Funds were budgeted in the capital equipment portion of the operating budget to cover this expense during fiscal year 2017-18. HEE-Dual) Both water treatment plants utilize Duall products. These include, but are not limited to, corrosion resistant fan assemblies that are used in the odor control blower assemblies. Presently, two motors are in need of replacement at the South County water treatment plant at a total cost of $16,005. Met -Pro Technologies LLC, dba HEE-Duall, is the sole source provider for these items. These funds will come from the water treatment plant Renewal and Replacement (R&R) budget. FUNDING: Funds for these repairs/replacements will vary depending on the item. Typically, these items are budgeted as operating fund capital items or R&R items in the operating fund. Operating funds are derived from water and sewer sales. Funding for the division's current needs are listed below. 186 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 19, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Subject: Sole Source Providers for Water and Wastewater Treatment Plant Equipment BACKGROUND/ ANALYSIS: Many of the key pieces of equipment located at the water and wastewater treatment plants are highly specialized and designed for the specific environment to be used in. Typically major components and repair parts for the specialized equipment are provided by a sole source. Flowserve/Carter and Verplanck, Inc. The central wastewater treatment plant consists of pumping systems manufactured by Flowserve. The typical life span of these pumps is seven (7) to ten (10) years. Maintenance and repairs may take place anytime throughout the lifespan. All replacement units as well as parts, repair service, rebuilding of these pumps, etc. is provided by a sole source. Carter and Verplanck, Inc. is the sole source representative for the Flowserve Pump Division in the State of Florida. Presently, two pump rotating assemblies are due to be replaced at the central wastewater treatment plant. The cost of the two repairs is expected to be $37,454. Funds were budgeted in the capital equipment portion of the operating budget to cover this expense during fiscal year 2017-18. HEE-Dual) Both water treatment plants utilize Duall products. These include, but are not limited to, corrosion resistant fan assemblies that are used in the odor control blower assemblies. Presently, two motors are in need of replacement at the South County water treatment plant at a total cost of $16,005. Met -Pro Technologies LLC, dba HEE-Duall, is the sole source provider for these items. These funds will come from the water treatment plant Renewal and Replacement (R&R) budget. FUNDING: Funds for these repairs/replacements will vary depending on the item. Typically, these items are budgeted as operating fund capital items or R&R items in the operating fund. Operating funds are derived from water and sewer sales. Funding for the division's current needs are listed below. 186 Description Account Number Amount Plant Equipment 471-166002 $37,454 Water Treatment Plant R&R 47121936-044699 $16,005 RECOMMENDATION: The staff of Indian River County Department of Utility Services (IRCDUS) recommends that the Board of County Commissioners approve Carter Verplanck as sole source provider for Flowserve pumping systems at the Central Wastewater Treatment Plant, and HEE-Duall as sole source provider of corrosion resistant fans, odor control blowers and degasification systems at both water plants. In addition, staff recommends that the requirement for bids be waived and the Purchasing Division be authorized to issue purchase orders for replacement, repairs and maintenance of the various equipment, as needed. ATTACHMENTS: 1. Sole Source Letter— Carter & Verplanck, Inc. 2. Sole Source Letter— HEE—Duall C:\Users\Legistar\Appdata\Local\Temp\BCL Tech nologies\Easypdf 8\@BCL@AOOCADF7\@BCL@AOOCADF7.Doc 187 Pump Division 7 December 2017 Mr. Richard Meckes Indian River County Utilities 4350 41St St. Vero Beach, FL 32967 Re: Flowserve Pump Company Sales Channel Coverage Water Resources Market Please be advised that Carter Et Verplanck, Inc. is the sole and exclusive representative for Flowserve Pump Division (formerly Ingersoll -Dresser Pump Company) products in the Water and Wastewater Resources market. These product lines include heritage brand names such as ACECI Centrifugal Pumps, Aldriche Pumps, Byron Jackson@ Pumps, Cameron@ Pumps, Durco® Pumps, Flowservee Pumps, IDP® Pumps, Jeumont-Schneider' Pumps, Pacifice Pumps, Pleugere Pumps, Scienco@ Pumps, Sier-Bathe Rotary Pumps, TKLI" Pumps, United@ Centrifugal Pumps, Western Land Roller@ Irrigation Pumps, Wilson - Snyder@ Pumps, Worthington@ Pumps and Worthington Simpson@ Pumps. This agreement also includes the sale of new units as well as After -Market sales such as parts, repairs, revamps, rebuilds, and service. Please be advised that the Flowserve Corporation owns all of the above named pump manufacturers, and has incorporated them under the name Flowserve Pump Division. The geographical areas of responsibility for Carter Et Verplanck, Inc. are the states of Florida, Georgia and Tennessee. Mr. Ken Walker is the principal of record at Carter Et Verplanck, Inc. Very truly yours, cfam NOOwel Sam Moore, Manager - Customer Service Flowserve - Taneytown, MD cc: J. Cantos ■ A CECO Environmental Brand December 7, 2017 Mike Vernon Indian River County 180127" St, Bldg A Vero Beach, FL 32960-3365 Dear Mr. Mike Vernon, I am writing this letter to inform the necessary persons that Met -Pro Technologies LLC a division of CECO Environmental is the exclusive manufacturer of the Dualle products and components integrated into the system design for the municipal market. We are the sole source in the state of Florida for all products designed and manufactured by Met -Pro Technologies LLC business group doing business as HEE-Dualle for the municipal market. The product line includes corrosion resistant fans, Air Quality Control Systems, Water Quality Systems and Wet & Dry Dust Collectors. All purchase orders should be addressed to Met -Pro Technologies LLC, dba HEE-Dualle. We look forward to a continued relationship with Indian River County. Should you have questions or need additional information, please do not hesitate to contact me. Respectfully, HEE-Dualle Technology Aftermarket Sales & Service Representative Phone (989) 725-8184 ext 121 HEE: 4222 East La Palma Avenue, Anaheim, CA 92807 USA — (760) 530-1409 — fax (760) 530-1419 — www.cecoenviro.com/hee-duall DUALL: 1172 South M-13 Lennon, Ml 48449 USA — (989) 725-8184 — fax (989) 725-8188 — www.cecoenviro.com/hee-duall ENGINEERED SOLUTIONS FOR CORROSIVE ENVIRONMENTS SINCE 1972/1964 (HEE/DUALL) 189 7Regulargenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 28, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Water Main Extension along 103rd Court from 88th Street to S. 89th Street within a portion of Blocks E and H, Vero Lake Estates Subdivision, Unit H-3, located in Indian River County, Resolutions I (Preliminary Assessment Roll) and II (Public Hearing Date) BACKGROUND On March 21, 2017, under Agenda Item 12-G1, the Indian River County Board of County Commissioners (BCC) unanimously authorized staff to proceed with obtaining a right of way survey and designing a water main extension along 103rd Court, from 88th Street to South 89th Street, within a portion of Blocks E and H, Vero Lake Estates Subdivision, Unit H-3, located in Indian River County. Now that the design is complete, staff would like the BCC to consider the next step of the assessment process. ANALYSIS The project has nine parcels along 103rd Court, between 88th Street and South 891h Street, which will benefit from the proposed water main. Staff received signed petitions from seven of the nine residential parcels, or 77.8% of the property owners, in favor of the project. The nine parcels are zoned and developed as residential dwellings. The subject assessment portion of the project will consist of installing approximately 650 linear feet of 6 -inch PVC water main with water services to each parcel. The proposed 6 -inch water main will connect to the existing 12 -inch main on South 89th Street and run south to 881h Street. The total project cost is estimated at $46,800.00, which includes construction, surveying, engineering, administration and inspection. Therefore, an equal per parcel cost of $5,200.00 will be levied against the nine benefitting parcels. Pending the outcome of today's BCC decision, staff will apply for permits to the Florida Department of Environmental Protection (FDEP) and Indian River County. A Providing Resolution (Resolution 1) is presented for adoption by the BCC. A separate resolution (Resolution 11) is presented for adoption to hold a Public Hearing to discuss the advisability, project cost, and amount of the assessment for each benefitting property owner. Pending BCC approval, a Public Hearing is scheduled for the regular BCC meeting on Tuesday, February 6, 2018 at 9:05 a.m. in the Indian River County Commission Chambers. An assessment roll and assessment plat have been prepared and are on file with the Clerk to the Board of County Commissioners. 190 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@080D485E\@BCL@08OD485E.docx Vero Lake Estates Sub -Unit H-3 Petition Water Assessment FUNDING: Funds forthis project are derived from the Assessment Fund. Assessment Fund revenues are generated from connection fees paid by the benefitting property owners. DESCRIPTION ACCOUNT NUMBER AMOUNT Vero Lake Estates Sub -Unit H-3 Petition Water Assessment 473-169000-17512 $ 46,800.00 RECOMMENDATION The staff of the Indian River County Department of Utility Services recommends the following: 1) Adopt the resolution providing for the water main extension along 103rd Court from 88th Street to S. 89th Street within a portion of Blocks E and H, Vero Lake Estates Subdivision, Unit H-3, located in Indian River County, subject to the terms outlined in the resolution. The Board of County Commissioners shall establish the applicable interest rate at the time the final assessment roll is approved. 2) Adopt a resolution setting the time and place of the Public Hearing — February 6, 2018, at 9:05 AM in the Indian River County Commission Chambers. LIST OF ATTACHMENTS: 1. Providing Resolution (Resolution No. 1) 2. Setting Resolution for Public Hearing (Resolution No. II) 3. Assessment Roll 4. Assessment Area Map 191 2 Providing (First Resolution) RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A WATER MAIN EXTENSION ALONG 103RD COURT FROM 88TH STREET TO S. 89TH STREET WITHIN A PORTION OF BLOCKS E AND H, VERO LAKE ESTATES SUBDIVISION, UNIT H-3, LOCATED IN INDIAN RIVER COUNTY, FLORIDA; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain specially benefited properties to be serviced by a water main extension along 1031d Court from 88th Street to S. 89th Street within a portion of Blocks E and H, Vero Lake Estates Subdivision, Unit H-3, located in Indian River County, Florida, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: The County does hereby determine that a water main shall be extended along 1031d Court from 881h Street to S. 89th Street within a portion of Blocks E and H, Vero Lake Estates Subdivision, Unit H-3, located in Indian River County, Florida, to specially benefit 9 parcels located therein ("Improvements"), and that the cost thereof shall be specially assessed in accordance with the provisions of Section 206.01 through 206.09 of The Code of Indian River County. 2. As access to water provides an equal benefit to each property served, the assessment will be equal per parcel. 3. The estimated cost for the Improvements is $46,800.00 or $5,200.00 per parcel to be paid by the properties specially benefited as shown on the assessment plat on file with the Department of Utility Services and the Clerk to the Board. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 4. A special assessment in the amount of $5,200.00 per parcel may be assessed against each of the specially benefited properties designated on the assessment plat on file with the Clerk to the Board. This special assessment may be raised or lowered by action of the Board of County Commissioners serving as the equalizing board at the public hearing, as set forth in Section 206.07 of The Code of Indian River County. 192 RESOLUTION NO. 2018- 5. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the as -built resolution of the Board with respect to credits against the special assessments after completion of the Improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the Improvements are completed. 6. There is presently on file with the Department of Utility Services and the Clerk to the Board an assessment plat showing the area to be assessed, plans and specifications for the Improvements and an estimate of the cost of the proposed Improvements. All of these are open to inspection by the public at the Department of Utility Services and the Clerk to the Board. 7. A proposed preliminary assessment roll with respect to the special assessments is on file with the Department of Utility Services and the Clerk to the Board. 8. Upon the adoption of this resolution, the Department of Utility Services shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Indian River Press Journal before the public hearing as required by Section 206.04 of The Code of Indian River County. 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 Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: In Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Fa BY DYLAN REINGOLD COUNTY ATTORNEY Peter D. O'Bryan, Chairman 193 Time and Place (Second Resolution) RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES ALONG 103RD COURT FROM 88TH STREET TO S. 89TH STREET WITHIN A PORTION OF BLOCKS E AND H, VERO LAKE ESTATES SUBDIVISION, UNIT H-3, LOCATED IN INDIAN RIVER COUNTY, FLORIDA; AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 2018- , determined that it is necessary for the public welfare of the citizens of the County, and particularly as to those living, working, and owning property within the area described hereinafter, that a waterline be installed along 103rd Court from 88th Street to S. 89th Street within a portion of Blocks E and H, Vero Lake Estates Subdivision, Unit H-3, located in Indian River County, Florida, to serve 9 parcels ("Improvements"); and WHEREAS, as access to water provides an equal benefit to each property served, the assessment will be equal per parcel; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $46,800.00 or $5,200.00 per parcel; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06 of The Code of Indian River County provides that the Board of County Commissioners shall fix a time and place at which the owners of the specially benefited properties to be specially assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, 194 RESOLUTION NO. 2018 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m., or as soon thereafter as the matter may be heard, on Tuesday, February 6, 2018, at which time the owners of the specially benefited properties to be specially assessed and any other interested persons, may appear before said Commission and be heard as to the propriety and advisability of making the improvements, the cost thereof, the manner of payment therefor, and the amount to be assessed against each property. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said Improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said Improvements, and an estimate of the cost thereof at the office of the Department of Utility Services and the Clerk to the Board any week day from 8:30 a.m. until 5:00 p.m., excluding holidays. 3. Notice of the time and place of this public hearing shall be given by two publications in the Indian River Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. 4. The Department of Utility Services shall give the owner of each property to be specially assessed at least ten days' notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address obtained from the records of the property appraiser. 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 Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 195 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By 3 Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 3 Peter D. O'Bryan, Chairman 196 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES''` 103R° COURT WATER ASSESSMENT PROJECT — PRELIMINARY ASSESSMENT ROLL Parcel # 31382800004005000009.0 Assessment= $5,200.00 Owner HARRELL, MICHAEL and BARBARA NEGREI Secondary Owner #1 Secondary Owner #2 Mailing Address 8816 103RD CT VERO BEACH FL32967 Legal VERO LAKE ESTATES SUB UNIT H-3 - BLK E LOTS 9 & 10 PBI 6-18 Latest Update: Site Address 8816 103RD CT 12/28/2017 Parcel # 31382800004005000011.0 Assessment= $5,200.00 Owner LUNA, SOILA D Secondary Owner #1 Secondary Owner #2 Mailing Address 8836 103RD CT VERO BEACH FL32967 Legal VERO LAKE ESTATES SUB UNIT H-3 - BLK E LOT 11 PBI 6-18 Latest Update: Site Address 8836103RD CT 12/28/2017 Parcel # 31382800004005000012.0 Assessment= $5,200.00 Owner BONNER, DAVID S and JENNIFER R Secondary Owner #1 Secondary Owner #2 Mailing Address 8846 103RD CT VERO BEACH FL32967 Legal VERO LAKE ESTATES SUB UNIT H-3 - BLK E LOT 12 PBI 6-18 Latest Update: Site Address 8846 103RD CT 12/28/2017 Nage i of 3 197 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES 103RD COURT WATER ASSESSMENT PROJECT — PRELIMINARY ASSESSMENT ROLL ;;�; Parcel # 31382800004005000013.0 Assessment= $5,200.00 Owner Confidential Secondary Owner #1 Secondary Owner #2 Mailing Address Legal VERO LAKE ESTATES SUB UNIT H-3 - BLK E LOT 13 PBI 6-18 Latest Update: Site Address 12/28/2017 Parcel # 31382800004005000014.0 Assessment= $5,200.00 Owner NICHOLS, DANA & TINA Secondary Owner #1 Secondary Owner #2 Mailing Address 8866103RD CT VERO BEACH FL32967 Legal VERO LAKE ESTATES SUB UNIT H-3 - BLK E LOT 14 & 15 PBI 6-18 Latest Update: Site Address 8866 103RD CT 12/28/2017 Parcel # 31382800004008000003.0 Assessment= $5,200.00 Owner GREEN, CHARLES and KIMBERLY Secondary Owner #1 Secondary Owner #2 Mailing Address 8865103RDCT VERO BEACH FL32967 Legal VERO LAKE ESTATES SUB UNIT H-3 - BLK H LOTS 3 & 4 13131 6-18 Latest Update: Site Address 8865 103RD CT 12/28/2017 Page z of 3 198 INDIAN RIVER COUNTY— DEPARTMENT OF UTILITY SERVICES =''+ 103RD COURT WATER ASSESSMENT PROJECT — PRELIMINARY ASSESSMENT ROLL ;r Parcel # 31382800004008000005.0 Assessment= $5,200.00 Owner GREEN, WILLIAM A and BRENDA T Secondary Owner #1 Secondary Owner #2 Mailing Address 8835 103 RD CT VERO BEACH FL32967 Legal VERO LAKE ESTATES SUB UNIT H-3 - BLK H LOTS 5 & 6 PBI 6-18 Latest Update: Site Address 8835 103RD CT 12/28/2017 Parcel # 31382800004008000007.0 Assessment= $5,200.00 Owner RITTAN LLC Secondary Owner #1 Secondary Owner #2 Mailing Address 1061 INDIAN MOUND TRAIL VERO BEACH FL32963 Legal VERO LAKE ESTATES SUB UNIT H-3 - BLK H LOT 7 PBI 6-18 Latest Update: Site Address 8825 103RD CT 12/28/2017 Parcel # 31382800004008000008.0 Assessment= $5,200.00 Owner FERNANDEZ, AGUSTIN and KERLY Secondary Owner #1 Secondary Owner #2 Mailing Address 8815 103RD CT VERO BEACH FL32967 Legal VERO LAKE ESTATES SUB UNIT H-3 - BLK H LOT 8 PBI 6-18 Latest Update: Site Address 8815 103RD CT 12/28/2017 rage j of i 199 S 89TH ST 8886 8885 ( 8886 8885 � : ti's•. Jtl PROPOSED WATER MAIN EXTENSION ALONG 103RD COURT FROM 88TH STREET TO S. 89TH STREET WITHIN A PORTION OF BLOCKS E AND H, VERO LAKE ESTATES SUBDIVISION, UNIT H-3, 200 LOCATED IN INDIAN RIVER COUNTY 0 T 8876 _.---. _____ _-.-_.11--l'.- -.-- _ 8866 8866 8$65 8865 8856 8846 8846 8845 Z 8835 I- D v C3 � m 0 8836 PR P�' D 8836 $835 PRC) EC�' REA 8825 10390 8816 8825 8815 88TH ST 8776 8775 ;� 8776 10315 � : ti's•. Jtl PROPOSED WATER MAIN EXTENSION ALONG 103RD COURT FROM 88TH STREET TO S. 89TH STREET WITHIN A PORTION OF BLOCKS E AND H, VERO LAKE ESTATES SUBDIVISION, UNIT H-3, 200 LOCATED IN INDIAN RIVER COUNTY 0 T Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Attorney Matters - B. CC 01. 09.18 Ofc of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners Z. FROM: Dylan Reingold, County Attorney DATE: January 2, 2018 SUBJECT: 2018 Committees Vacancies ATTORNEY On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of annual appointments and reappointments. Pursuant to this process, on November 21, 2017, the Board reappointed a significant number of incumbent committee members to another term (that is, members presently serving on a committee who are eligible for another term, and who asked to be reappointed). There are qualified applicants to be considered for appointment to the committee's vacancy for the Environmental Control Hearing Board. Committee vacancies have been advertised on the County's website, on Channel 27. The following are the names of the qualified applicants, whose resumes and applications are available for review in the Commissioners' Front Office area: Environmental Control Hearing Board - "Member -at -Large: Citizen not holding elective office" • Christopher Murphy • Gary D. Randall Attached is a list of the remaining committee vacancies (note: several vacancies are designated positions — that is, the committee member must be an architect, engineer, etc). F. IAltorn eyl ChristinalCOMMITTEESI General AlattersI BCC Agenda MemoslComnittee Terncs 16 - 2018 Agenda Memo2.doc 201 Board of County Commissioners January 2, 2018 Page Two RECOMMENDATION. The County Attorney recommends that the Board review the applicants' resumes and applications, and determine whether to appoint Christopher Murphy or Gary D. Randall to fill the "Member -at -Large: Citizen not holding elective office" representative vacancy on the Environmental Control Hearing Board. ATTACHMENT. Applications Resumes 2018 Committee Vacancy List F: L:l uorney4CArislinnlCO:iLiLITfEE3lGenern! A1.11OCCA_q-dn Ak.—Camn.itw Terms 16 - 2018AgenA Af ...I d— 202 From CivilSury Design Group 1.772.323.2245 Fri Sep 23 08:36:35 2016 MDT Page 1 of 2 Name: Christopher Murphy INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Date: 09/22/16 Full Name: Christopher Murphy Email Address: cmurphy@civilsurv.corn Street Address (No P.O. Boxes): 780 Blackpine Drive Vero Beach, FL 32968 Home Phone: 772'233-3178 Work Phone: 772'323-2244 Cell Phone: 772-233-3178 How long have you been a resident of Indian River County? 10yrs Are you a full or part time resident? Check one: Full TimezPart Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Civilsury Design Group, Inc.: Experienced in both the private and public sector with projects that involved any of the following: Community and neighborhood re -development, transportation planning, water & sewer utility operations, planning (i.e. zoning/long range planning), grant Please list any licenses you presently hold: Florida Professional Engineer Florida Real Estate Sales Associate Florida 220 Insurance License Please list any organization of which you are currently a member: Boy Scout Troop 473 Please list any other committees or boards you currently sit on: None RECEIVED Continued on next page SEP 2 3 2016 BOARD OF COUNTY COMMISSION 203 Resume for consideration for appointment to Indian River County Volunteer Committee Positions September, 2016 Chris Murphy, P.E., ME, MPA 780 Blackpine Drive Vero Beach, FL 32968 Phone: 772-233-3178 Email: cmurphy@civilsurv.com Education: Master of Engineering, University of Florida, 2008 Master of Public Administration, University of Central Florida, 1999 Bachelor of Science, University of Florida, 1994 Experience: 2006 -Present: CivilSury Design Group, Inc., Director of Engineering (10yrs) 2003-2005 Port Orange, FL- Community Development Engineer (3yrs) 2000-2006 Weldon Land Development, Inc. (6yrs/owner) 1999-2000 Longwood, FL- City Engineer (2yrs) 1996-1999 Winter Springs, FL- Stormwater Utility Manager (3yrs) 1994-1996 Martin County BOCC- Engineering Assistant (1.5yrs) Activities: Boy Scouts of America, Assistant Scout Master, Troop 473 Other Licensure/Certifications Florida Professional Engineer Florida Real Estate Sales Associate License Florida P&C 220 Insurance License 204 INDIAN RIVER COUNTY APPLICATION RECEIVED FOR COMMITTEE APPOINTMENT _—q 2014 Name:; #r©ate- ' 1,-/ _ IE OMW OF COUNTY Full Name:i �� ,�- ��iC1V;a 12NIqcI ,, I? Email Address: GJ'L11ZL Street Address (No P.O. Boxes): V",) I Clic 1 p 1),>4? Home Phone: Work Phone: j Cell Phone- 7;0 `6 3 0 O How long have you been a resident of Indian River County? '7�� Are you a full or part time resident? Check one: Full TimeiwlPart Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Please list any licenses you presently hold - Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on.- Continued n: Continued on next page 205 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE i BEACH & SHORE PRESERVATION ADVISORY COMMITTEE 71 BOARD OF ZONING ADJUSTMENT CHILDREN'S SERVICES ADVISORY COMMITTEE i CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS a ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE v' PLANNING & ZONING COMMISSION TOURIST DEVELOPMENT COUNCIL ITREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print 206 Gary David Randall 8466 100th ct Vero Beach, FL 32967 cell (772)-453-0513 Gdrjrl@yahoo.com work Experience Gametime 08-01-10 to present Manager Oversee daily operations of a midsize Arcade, 4000 sq/ft 60 games. Repairing games, hiring and training of new employees. Bookkeeping and ordering. Provide support to two other midsized arcades. Sebastian's used Books owner/operator 01-03-08 to 08-01-10 Electronic Tech Dictaphone LLC Melbourne, Florida 06-01-1992 to 03-13-2007 (Laid off) Manager and Lead Technician oversaw 25 Technicians,60 assemblers and 20 solderers. Troubleshoot and Repair to component level. using O -scope and multimeter. Also used Digilog, ATE, and various mockups Hetra Lead Tech Oversaw 12 other Technicians. Test and repair of Tempest endorsed computers. Sebastian, Florida 09-1990 to 04-1992 08-1989 to 09-1990 Assistant Manager for Zayres department store 1988 to 1989 Assistant manager at Long John Silver while in College. Randall Electric Electrician's Helper 1986 to 1988 207 Education B.S.Degree in Electronic Technology A.S Degree in Computer Science GPA: 3.8 united Electronic Institute specific skills Area: worked on Tempest Endorsed Computers at Hetra for 1 1/2 years. computer and Network setup. virus and spyware removal. Other Related Interests: Restoring older cars. currently working on 1968 Corvette. Movie script writing, working on a horror script and a horror/dark comedy. Member of Mensa (154 IQ). I have taken a few basic medical classes (prep for Pharmacy Tech). I am CPR Certified. 208 INFORMATIONAL ONLY COMMITTEE VACANCIES — BOARD OF COUNTY COMMISSIONERS • AFFORDABLE HOUSING ADVISORY COMMITTEE — 2 year term, unless otherwise noted o Citizen who represents employers within the jurisdiction - (existing vacancy) • AGRICULTURAL ADVISORY COMMITTEE - 2 year term, unless otherwise noted o Citrus Industry (existing vacancy) o Vegetable Industry • CODE ENFORCEMENT BOARD — 3 year term, unless otherwise noted o Architect - (existing vacancy) • CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS — 3 year term, unless otherwise noted o Code Administrator (flea mechanical contractor) o Fire Safety Inspector (fka Plumbing Contractor) - (existing vacancy) • ECONOMIC DEVELOPMENT COUNCIL — 4 year term, unless otherwise noted o One (1) vacancy for Representative from the Real Estate Industry • PUBLIC SAFETY COORDINATING COUNCIL — 4 year term, unless otherwise noted o Representative from county/state jobs program or other community groups who work with offenders and victims (existing vacancy) 209 BCC AGENDA January 9, 2018 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 3, 2018 SUBJECT: Sale of Indian River Memorial Hospital FROM: Commissioner Bob Solari Would like to see if the board would like to: 1. Ask the County Attorney to research the County's remainder interest in the event of a sale of the Indian River Memorial Hopsital. 2. Ask Staff to come back and explain to us what the impact of a sale might mean to the County government and its taxpayers Thank you. 210 January 9, 2018 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 3, 2018 SUBJECT: Discussion and Action Request — Millstone Landing Planned Development Developer's Agreement FROM: Tim Zorc Commissioner, District 3 Discussion Item: I would like to discuss the First Amendment to the Developer's Agreement dated October 4, 2016 (attached) which addresses what improvements need to be in place by December 31, 2017, for Certificates of Occupancy to be issued and for new permits to be issued. Due to a variety of issues the developer was not able to meet the milestones necessary by the December 31, 2017, deadline and now all requests for Certificates of Occupancy are suspended. The Developer of the Millstone Landing project is responsible for the completion of the milestones, not the home builders building in the community. An extension of the deadline would allow for the Certificate of Occupancies to be issued on homes nearing completion, allowing them to go to closure. I am asking that only Certificates of Occupancy be allowed to continue to be issued through February 28, 2018, while the Developer completes the necessary work. Attachment: First Amendment to the Developer's Agreement 211 Timeline of events re: Millstone Landing and the 17th St. Improvements April 2016 - FPL engaged by SLV to complete installation of electrical facilities for Millstone Phases 4-6. General discussions begin re: requirements for relocation of facilities on 17th St. SW June 15, 2016 - SLV engages Masteller & Moler to perform necessary survey and design services to complete the required improvements of 17th St. July —Sept. 2016 - Masteller & Moler engaged for survey and design services of 17th St. - Survey work required for design is completed. - Design work begins without amendment to DA approved by BOCC. October 4, 2016 - First Amendment Approved - Expectation of relocation completion at the time end of Q2 2017. November 4, 2016 - Construction Plans for 17th Street hand delivered to the County with the Stormwater Management Report, Right-of-way application forms and fees - Concurrent submittal to SJRWMD and ACOE Dec. — Mar. 2017 - County Comments received and addressed. - Signal design completed - Plans submitted to FPL for design after first round of comments from county are addressed. - FPL Plans submitted to IRC 3/1. - Expectation remains completion end of Q2 2017. - SLV pursues early clearing permit from SJRWMD to have site ready for expected Q2 FPL work. April 1, 2017 - SLV engages Guettler Brothers to clear ROW to ensure work completed prior to FPL mobilization. May 12, 2017 - ROW permit issued to FPL June 5, 2017 - FPL submits Invoice to SLV for relocation expense of $235,472. - IRC ROW Permit issued to SLV — Early June June 12, 2017 - SLV issues check to FPL for $235,472 to cover relocation expense. - Work scheduled by FPL and relocation completion adjusted by FPL Engineer to August. July 2017 - Guettler Brothers begins work on 17th St. - Gerelco orders required equipment for 17th St. Signal August 2017 - Stormwater infrastructure completion. - Material for underground FPL improvements delivered to 171h St. site Sept. 10, 2017 - Hurricane Irma landfall in Florida. Millstone/ 17th St. site receives 20" of rainfall during the course of the event. r Sept. 29, 2017 - Notified via email by FPL Engineer that expectation of timing to be in work on 17th St. is Mid- November - Dennis Pagano, FPL engineer that designed and coordinated installation efforts retires with a new FPL Engineer assigned to service area. Oct — Dec 2017 - SLV completes installation of the 17th St. signal - FPL completes installation of new poles and overhead wire. - SLV works on completing improvements up to the point of conflict with first FPL pole - New FPL engineer assigned to service area. FPL remaining tasks to complete include underground feeder conduit and connection along with demolition of existing overhead line. Per Pike (FPL contractor) this is a 3-4 day task start to finish. At this point we have yet to receive any confirmation as to when FPL expects their underground crew to complete their portion of the work. Our contractor expects 6-8 weeks to completion of the improvements once the poles have been removed from the ROW. Lisa Hill From: Tim Zorc Sent: Monday, January 08, 2018 12:09 PM To: Lisa Hill Subject: FW: 17th St. Improvements Timeline Attachments: Millstone Plan Update; voicemail-182.m4a; RE: Engineer Contact Info.; RE: Millstone Landing PD *Amended; RE: 17th St. Follow-up; FW: 17th St FPL permit; INVOCIE FOR RELOCATION OF FPL FACILITIES ON 17TH ST SW; Fwd: FPL 17th St. ROW Permit; 17th ST. Timeline.pdf From: John Brian[mailto:jbrian@starwoodland.com] Sent: Friday, January 05, 2018 10:05 PM To: Tim Zorc <tzorc@ircgov.com> Subject: 17th St. Improvements Timeline Commissioner Zorc, Attached is a general timeline of the events re: 17th St. I included all of the general information that I think is relevant. Hopefully SLVs intent to complete this work is reflected in the timeline. Emails and voicemails are attached tc verify some of the associated dates. All of the items that SLV controlled directly were performed with the intent to stay ahead of the projected deadline. Designing and permitting early, paying immediately, and getting the site ready for FPL are a few of the examples of this that should be pointed out. I do think that it is important to note that the voicemail from Dennis Pagano is from July 11. Our contractor believed that 10 weeks would be sufficient to complete the job once FPL completed their work. We had a level of comfort with a Sept relocation start and early Oct. completion by FPL and all indications were that it was going to get done until the storm hit. I understand that there may be a sentiment by some that progress has been insignificant after the storm. Our goal was to get the signal installed an operational (complete) and get the intersection and 17th St. prior to the first conflicting pole ready for pavement (will be complete in one week). Based on the general unresponsiveness of FPL post storm, we knew that they would not have their work complete by end of year. We could have gotten creative and built around what remained, but I didn't have any interest in constructing something that would be sub - substandard, in my opinion, to meet a deadline that I really expected to get some relief from based on the circumstances. Our goals remain to complete all of the required work for Millstone and turn over the association to the residents prior to the end of this year. We need to be able to move forward to accomplish this. I really do appreciate your efforts to help. Please review and let me know if this is what you are looking for or if additional information is needed. Let me know if the plan is to move forward with the Tuesday hearing and I will see if I can change my return flight so I can attend. Glad to make changes or discuss at any point this weekend if needed. Thanks again. John Brian Starwood Land Ventures, LLC 6310 Capital Drive, Suite 130 Lakewood Ranch, FL 34202 Tel: 941-388-0707 x 109 Cell: 813-388-3154 jbrian@starwoodland.com Lisa Hill From: John Brian <jbrian@starwoodland.com> Sent: Tuesday, January 24, 2017 11:12 AM To: Steve Moler Subject: Millstone Plan Update Steve, How are you coming with the revisions to the 17th St. plans and when will we be ready for resubmittal? I did speak to Dennis Pagano at FPL and he is going to do the design or redesign of 17th in house. This should hopefully keep FPL on schedule to complete their relocation by the end of Q2. I will continue to follow-up with Dennis to make sure this continues to move forward. Any pressure from the county per our discussion would still be welcome. Let me know. Thanks. John Brian Starwood Land Ventures, LLC 6310 Capital Drive, Suite 130 Lakewood Ranch, FL 34202 Tel: 941-388-0707 x 109 Cell: 813-388-3154 jbrian@starwoodland.com 1 Lisa Hill From: Pagano, Dennis G <Dennis.G.Pagano@fpl.com> Sent: Friday, September 29, 2017 1:50 PM To: John Brian Cc: Adams, Patricia Subject: RE: Engineer Contact Info. John — our Pike crews are looking to be on site by mid-November due to FPL's restoration efforts in the aftermath of Hurricane Irma. This storm was unprecedented to the point it affected the entire FPL system state wide and restoration took more than 2 weeks and unfortunately we are still dealing with pockets of damage that we have to repair immediately. The underground jobs have already been started but they cannot go any further till PIKE gets most of the new poles installed. Patricia will monitor the jobs for this relocation and will be in touch when we get additional information in. Thanks you for all your patience. It has been a pleasure working with you over the past year. Sincerely, Dennis — signing off... From: John Brian[mailto:jbrian@starwoodland.com] Sent: Wednesday, September 27, 2017 12:21 PM To: Pagano, Dennis G Cc: Adams, Patricia Subject: Re: Engineer Contact Info. Dennis, I'm working with the county to extend our 12/31 deadline for completion of 17th St. Can you send me an email that states our original start date of mid-August and new anticipated start. The reasons for the delay is apparent, but if you could include that as well that would be great. I think they are on board with relief and documentation from FPL would be beneficial to present to the commissioners. Thanks John Brian Starwood Land Ventures (o) 941-388-0707 (c) 813-388-3154 Jbrian_@starwoodland.com Sent from my IPad On Sep 26, 2017, at 3:59 PM, Pagano, Dennis G <Dennis.G.Pagano fpl.com> wrote: John — Patricia Adams will be taking over the helm when I leave. I know she will do her best to take care of the work left at Millstone. As far as phone numbers, Patricia will probably take over my office and desk so you can keep the 772-489-6204 number for your records. Thanks Dennis 1 From: John Brian [mailto:ibrianC starwoodland.com] Sent: Tuesday, September 26, 2017 3:43 PM To: Pagano, Dennis G Subject: Engineer Contact Info. T ICONTRAI,,MAi ; Dennis, Please forward contact information for new engineer that will be responsible for 17t' St. after your departure. Thanks. John Brian Starwood Land Ventures, LLC 6310 Capital Drive, Suite 130 Lakewood Ranch, FL 34202 Tel: 941-388-0707 x 109 Cell: 813-388-3154 ibrian@starwoodland.com Lisa Hill From: Steve Moler <semoler@bellsouth.net> Sent: Friday, November 04, 2016 4:45 PM To: John Brian Cc: 'John Boyer'; 'Bruce Barkett' Subject: RE: Millstone Landing PD *Amended Importance: High John This is to confirm we just hand delivered submitted the Construction Plans for the 17t' Street W Roadway Improvements to the County with the Stormwater Management Report, Right-of-way application forms and fees. On Monday we plan to submit independent Land Clearing applications to both the SJRWMD and IRC to allow early clearing so FPL can move their poles in advance of roadway construction. Steve From: Bruce Barkett [mailto:Bb@verolaw.com] Sent: Friday, November 04, 2016 3:15 PM To: John Brian <LbrianPstarwoodland.com> Cc: Lohn(@mastellermoler.com Subject: RE: Millstone Landing PD *Amended John: I just met with the County re: Turtle Creek and the dedications the County wants from that development. Premier Citrus, current owner of that project, is also my client. Rich Spyrka expressed his belief that he should be receiving final plans from Masteller & Moler for 17th St. and for the 17t1/27 1h intersection. I confirmed with John Boyer that those plans should be submitted today or Monday. Premier was not opposed to providing R -O -W for the intersection improvement, and an easement for 17th St. drainage, but it wanted to see the plans first, so it would know exactly what was being asked. Let me know if you have any questions. Best Regards, Bruce Barkett <Bbarkett@verolaw.com> Collins Brrawn Barkett Garav aglia & .I,awn. Cliarterecl U.S. TOP RANKED LAW FIR MST" FY)RII)A'S TOP RANKED LAW FIRMST- Al�' t ret rnir� tt# Tv1artir � 10 liubhe!? Laevyt:i Raun� 756 Beachland Boulevard Vero Beach, Florida 32963 Phone 772.231.4343 Fax 772.234.5213 Bbarkett@verolaw.com This e-mail is from the law firm of Collins Brown Barkett Garavaglia & Lawn and is intended solely for the use of the individual(s) to whom it is addressed. The content is attorney-client privileged and confidential. 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. From: John Brian[mailto:jbrian@starwoodland.com] Sent: Monday, October 03, 2016 4:37 PM To: Bruce Barkett Cc: Bill Debraal Subject: Re: Millstone Landing PD *Amended I'm fine with that. Do all other provisions still apply? Mainly the provision regarding the needed ROW. Thanks. John Brian Starwood Land Ventures, LLC (813) 388-3154 J61-ian(L�),starivoodlccnd coin Sent from my Verizon Wireless 4G LTE DROID Bruce Barkett <Bb!ci„verolaw.com> wrote: John: It takes unanimous board approval to add something to the agenda. Commissioner O'Bryan will not agree to add the Millstone matter to tomorrow's agenda unless Millstone agrees to complete the roadway improvements no later than December 31, 2017. (There is some leeway since we have a clause about if the Public Works director is satisfied sufficient progress is being made, C/0's won't be stopped). Can you agree to the completion date? Reply to "all” if p[possible so Bill De Braal gets your answer. Best Regards, Bruce Barkett <Bbarkett@verolaw.com> Colhm,. Brown Barkett Gar,ivaglia £i Lawn, Chartered U.S. TOP RANKED LAIN FIRMST"" FLORIDA'S TOP RANKED LAW FIRMST"' Based on AV"' Pre(minent"'Martindale-Hubbell= Lawyer Ratings 756 Beachland Boulevard Vero Beach, Florida 32963 Phone 772.231.4343 Fax 772.2 34.5213 Bbarkett verolaw.com This e-mail is from the law firm of Collins Brown Barkett Garavaglia & Lawn and is intended solely for the use of the individual(s) to whom it is addressed. The content is attorney-client privileged and confidential. 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. From: John Brian [mailto:ibrian(&starwoodland com) Sent: Friday, September 30, 2016 11:34 AM To: Bruce Barkett Subject: RE: Millstone Landing PD *Amended No problem. See attached. John Brian Starwood Land Ventures, LLC 6310 Capital Drive, Suite 130 Lakewood Ranch, FL 34202 Tel: 941-388-0707 x 109 Cell: 813-388-3154 ibrian@starwoodland.com From: Bruce Barkett [mailto:Bb@verolaw.com] Sent: Friday, September 30, 2016 11:06 AM To: John Brian <ibrian@starwoodland com> Subject: FW: Millstone Landing PD *Amended Importance: High John: See below: This is a slightly revised First Amendment from the one you had signed. Can you get this one signed, scanned, and delivered to me by Monday? Best Regards, Bruce Barkett <Bbarkett@verolaw.com> Collins F3rown F3�1.1-lkett G tz z7t Iia &, 1.tIwn , Chartered U.S. TOP RANKED LAW FIRMS"' FLORIDA'S TOP RANKED LAW FIRMS""' Based on AV" Pi eerninentTNJmartindale Hubbell` Lawyer Ratings 756 Beachland Boulevard Vero Beach, Florida 32963 Phone 772.231.4343 Fax 772.234.5213 Bbarkett@verolaw.com 3 '` l This e-mail is from the law firm of Collins Brown Barkett Garavaglia & Lawn and is intended solely for the use of the individual(s) to whom it is addressed. The content is attorney-client privileged and confidential. 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. From: Sandy Wright [mailto:swright(d)ircgov.com] Sent: Friday, September 30, 2016 11:01 AM To: Bruce Barkett Cc: Bill Debraal; Stan Boling; Dori Roy Subject: Millstone Landing PD *Amended Importance: High Good morning Bruce, Attached is the Millstone Landing agenda item memo and amended agreement. Please note: The agreement was *amended as follows: On page 2 first line — deleted the word fef and left it in. Also, added "SW" each time written in the second paragraph below "17th Street SW Improvements" Please make sure the correct item gets signed by your client and we will the signed version and back prior to the item going before the BCC. Monday will be perfect. Any questions, please advise. Thanks so much! Sandy Wright E swright@ircgov.com 4 r Lisa Hill From: Pagano, Dennis G <Dennis.G.Pagano @fpl.com> Sent: Wednesday, August 02, 2017 3:08 PM To: John Brian Subject: RE: 17th St. Follow-up I will let you know if I hear anything. From: John Brian[mailto:jbrian@starwoodland.com] Sent: Wednesday, August 02, 2017 3:04 PM To: Pagano, Dennis G Subject: FW: 17th St. Follow-up r N TIT1?,� �A,l?I., ,Y Dennis, Following-up on this. Let me know where you stand. Thanks. John Brian Starwood Land Ventures, LLC 6310 Capital Drive, Suite 130 Lakewood Ranch, FL 34202 Tel: 941-388-0707 x 109 Cell: 813-388-3154 ibrian@starwoodland.com From: John Brian Sent: Tuesday, August 01, 2017 10:13 AM To: Dennis Pagano - Florida Power and Light Company (Dennis.G.Pagano@fpl com) <Dennis.G.Pagano@fpl com> Subject: 17th St. Follow-up Dennis, I wanted to follow-up and see where you are with timing for 17th St. Let me know if you have any updates. Thanks. John Brian Starwood Land Ventures, LLC 6310 Capital Drive, Suite 130 Lakewood Ranch, FL 34202 Tel: 941-388-0707 x 109 Cell: 813-388-3154 ibrian@starwoodland.com 1 Lisa Hill From: Steve Moler <semoler@bellsouth.net> Sent: Wednesday, May 24, 2017 9:06 AM To: John Brian Subject: FW: 17th St FPL permit John: Your information; Steve From: David Hays [mailto:dhays@ircgov.com] Sent: Tuesday, May 23, 2017 5:25 PM To: Steve Moler <semoler@bellsouth.net> Subject: 17th St FPL permit Fyi From: Chelsea Snyder Sent: Friday, May 12, 2017 4:10 PM To:'Slyter, Valerie' <Valerie.Slyter@fpl.com> Subject: RE: Indian River County permits This permit has been issued, and I will be mailing it out today. If you have any questions, feel free to let me know. Thank you! Have a great weekend! Chelsea Snyder David A. days, PE, CFM Land Development Manager Indian River County Engineering 1801 27th Street, Vero Beach, F132960 772-226-1596 dhays@ircgov.com "Teamwork gives you the best opportunity to turn vision into reality" John C. Maxwell Lisa Hill From: Pagano, Dennis G <Dennis.G.Pagano@fpl.com> Sent: Monday, June 05, 2017 2:29 PM To: John Brian Subject: INVOCIE FOR RELOCATION OF FPL FACILITIES ON 17TH ST SW Attachments: 20170605134720709.pdf John — my apologies for the delays in getting this to you. Please mail this to our general mail facility in Miami. If you decide to send it overnight, there is a better address than what is on the invoice. To overnight the payment — address it to — FPL PAYMENT PROCESSING CENTER 9250 W FLAGLER ST MIAMI, FL 33174 ATTN: CARMS INVOICE Dennis PAYMENT COUPON FPL/4115006400406800028511180013715520023547200 4,1,1500,640040, 6800028511,1800137155,2, 0023547200 Please mall this portion with your check 1800137155 1 of 1 SLV MILLSTONE, LLC 6310 CAPITAL DR, STE 130 LAKEWOOD RANCH FL 34202 Florida Power & Light Company Invoice Customer Name and Address SLV MILLSTONE, LLC 6310 CAPITAL DR, STE 130 LAKEWOOD RANCH FL 34202 Cust. No.:6800028511 Inv. No.1800137155 Payment Due Upon Amount Due Receipt This Invoice $ 235,472.00 Reference# D00007457955 Make check payable to FPL in USD and mail payments to address below FPL General Mail Facility Miami FL 33188-0001 Federal Tax Id.#: 59-0247775 Customer Number: 6800028511 Invoice Number: 1800137155 Invoice Date: 06/05/2017 4,1,1500,640040,6800028511,1800137155,2,0023547200 Please retain this portion for your records CURRENT CHARGES AND CREDITS Customer No: 6800028511 Invoice No: 1800137155 Description Amount 2800 17TH ST SW, VERO BEACH 235,472.00 Reference# D00007457955 For Inquiries Contact: Total Amount Due $235,472.00 DENNIS PAGANO 772-489-6204 Payment Due Upon Receipt 1800137155 1 of 1 Lisa Hill From: Rich Szpyrka Sent: Tuesday, May 23, 2017 5:24 PM To: John Brian Subject: Fwd: FPL 17th St. ROW Permit And this is what I have from staff. You need to remember by Code, I have 21 days to review resubmittals and this project is nothing special. Richard B. Szpyrka, P.E. Public Works Director Indian River County 1801 27th Street, Vero Beach, FL 32960 (772) 226-1379 -------- Original message -------- From: David Hays <dhays@ircgov.com> Date: 5/23/17 3:19 PM (GMT -05:00) To: Rich Szpyrka <rszpyrka@ircgov.com> Subject: RE: FPL 17th St. ROW Permit Twice last week I spoke with Steve Moler about revising the estimate for bonding and the need for a copy of the contract. We provided a site inspection to establish what had been performed to date and that was provided to Steve. A revised estimate was received on 5/19 and reviewed today. At 2:34 today I sent Steve Moler an email and copied John Brian that the estimate had been modified per contractor's contract but I had yet to receive the contract. Mr. Brian sent you this notice at 2:51. 1 now have received a copy of the contract and will review tomorrow. David A. days, PE, CFM Land Development Manager Indian River County Engineering 1801 27th Street, Vero Beach, Fl 32960 772-226-1596 dhays@ircgov.com "Teamwork gives you the best opportunity to turn vision into reality" John C. Maxwell From: Rich Szpyrka Sent: Tuesday, May 23, 2017 2:54 PM To: David Hays <dhays@ircgov.com> Subject: Fwd: FPL 17th St. ROW Permit Please provide an update asap. Richard B. Szpyrka, P.E. Public Works Director Indian River County 1801 27th Street, Vero Beach, FL 32960 (772) 226-1379 -------- Original message -------- From: John Brian <jbrianrcL)starwoodland.com> Date: 5/23/17 2:51 PM (GMT -05:00) To: Rich Szpyrka <rszpvrka'uircov.com> Cc: 'Steve Moler' <semoleria;;hcllsoutli.nct> Subject: FPL 17th St. ROW Permit Rich, Can you give me an update on the review of the FPL ROW —use plans? I don't have an invoice to pay because he doesn't have approved plans. Dennis tells me they are 60 days out (post payment) with their construction crews, so if that permit is issued today, they don't show up until some point in August. While we can work around FPL for a period of time, this is getting me a bit uneasy working towards our 12/31 deadline. Can you assist in getting this pushed through? Thanks John Brian Starwood Land Ventures, LLC 6310 Capital Drive, Suite 130 Lakewood Ranch, FL 34202 Tel: 941-388-0707 x 109 Cell: 813-388-3154 jbrian@starwoodland.com 2 FIRST AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND SLV MILLSTONE, LLC FOR MILLSTONE LANDING PLANNED DEVELOPMENT THIS FIRST AMENDMENT TO DEVELOPER'S AGREEMENT, (First Amendment) entered this 4th day of October, 2016, by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and SLV MILLSTONE, LLC a Delaware Limited Liability Company, the address of which is 6310 Capital Drive, Suite 130, Bradenton, Florida 34202, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the Indian River Board of County Commissioners during a public hearing, granted their approval to the Conceptual Planned Development Plan known as "Millstone Landing on October 19, 2004; and WHEREAS, the previous developer, Shelby Homes at Millstone, Inc., (Shelby Homes) entered into a Developer's Agreement with the COUNTY dated July 12, 2005 (Original Agreement) that called for on site, off site, and site related improvements; and WHEREAS, the Original Agreement is binding on any successor developer; and WHEREAS, DEVELOPER has purchased undeveloped platted lots north of 21st Street SW and all of the remaining project acreage in Millstone Landing located south of 21 st Street SW; and WHEREAS, the Parties desire to amend the Original Agreement to clarify timing of their respective responsibilities with respect to roadway and drainage improvements to 17th Street SW. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants, and premises hereinafter, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the COUNTY and DEVELOPER agree to amend the Original Agreement as follows: Recitals: The foregoing recitals are hereby incorporated as if fully restated herein 2. Paragraph 7 of the Original Agreement is amended as follows: 7. 17th Street SW: County acknowledges that Developer is not required to dedicate right- of-way for 17th Street SW roadway improvements along the frontage of the project. of 17t# C+r--+ C1A1 ;o rte ;r 4 h„ n--1 Fr..w, 77t# A..- i., +- 4-1— r.r.k-1 -4— left turn lama shall be nnnstruGted at the interseGtiGn of 2VI Avenue with 17t14 C+r�rpt. Colpt�/ t#c Strecet Cll�l -v�rc-vrr;ts to be GORStFUGted by Developer, The County has obtained substantial amounts of right-of-way on the north side of 17th Street SW. Prior to the issuance of the Project's 270th Certificate of Occupancy, the DEVELOPER shall 212 design, and obtain the associated permits, (including COUNTY Right -of -Way permit) for the improvements to 17th Street SW as a two lane roadway from the east property line of the school site to 27th Avenue including the following turn lane improvements at the intersection of 17th Street SW and 27th Avenue: • Southbound right turn lane • Southbound left turn lane • Northbound left turn lane • Eastbound left turn lane The DEVELOPER shall be responsible for the design, permitting of a modified span wire traffic signal system and associated improvements at the intersection of 17th Street SW and 27th Avenue to accommodate the required lanes and turning movements. Prior to the issuance of the Project's 368' Certificate of Occupancy or December 31, 2017, whichever occurs first, the DEVELOPER shall complete the roadway and intersection construction in a manner approved by the Public Works Director for acceptance by the COUNTY. In the event the County has not obtained sufficient right-of-way for the DEVELOPER to complete the 17th Street SW Improvements, then DEVELOPER shall pay to the COUNTY the cost to complete the 17th Street SW Improvements and the DEVELOPER shall have no further obligations with respect to such improvements. If a certificate of occupancy milestone or timing obligation is missed by the DEVELOPER, the COUNTY shall cease issuing certificates of occupancy and building permits to DEVELOPER until such time the milestone or timing obligation is met, unless the Public Works Director determines the DEVELOPER is making satisfactory progress with construction. [The remainder of this page is intentionally left blank] 213 IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. SLV MILLSTONE, LLC BOARD OF COUNTY COMMISStRS ' INDIAN RIVER COUNTY, FLO5 ...Q; .o. BY: Its WITNESS: WITNESS: -- (Corporate seal 9 acceptable in place of witnesses) ATTEST: Jeffrey R. Smith Clerk of the Circuit Court and Comptroller BY. Deputy Clerk Approved: Jason Approved as to form and I al su P iency: 6;14, William K. DeBraal Deputy County Attorney Bob Solari, Chairman �.,_;';A.--_. 214 ��fco INDIAN RIVER COUNTY ' SOLID WASTE DISPOSAL DISTRICT '�Lof21Q? BOARD MEMORANDUM'�� Date: December 15, 2017 To: Jason Brown, County Administrator From: Vincent Burke, Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Request for General Funds - PACE Project and Other Community Projects FY2017-18 DESCRIPTION AND CONDITONS: The Solid Waste Disposal District (SWDD) has in the past used the General Fund to cover the disposal cost for fees associated with community projects, including the Florida Department of Health (FDOH) in Indian River County, Division of Environmental Health's Protocol for Assessing Community Excellence (PACE) program. The PACE project focuses on identifying issues in a community, one of which is abandoned homes. These abandoned homes pose safety and health hazards, and provide safe havens for drug dealers. It has been determined that there are several homes that need to be demolished in order to affect the well-being of the community. Other community projects include removing illegal public dumping and Keep Indian River Beautiful (KIRB) clean-up projects that involve volunteers throughout our community. Last fiscal year, the Board of County Commissioners (BCC) approved an allocation of $6,000 from the General Fund, which was utilized for disposal of approximately 215.95 tons, or 431,900 pounds, in the amount of $1,193.13. The PACE/charity projects utilized $836.71 last year, Indian River Farms utilized $148.35, and $208.07 was used for other cleanup/illegal dumping projects, with the remaining unused funding of $4,806.87. SWDD has received the attached request from Cheryl Dunn, Environmental Manager at FDOH in Indian River County, for an allocation of $6,000 for next year. Based on last year's usage, staff recommends a total $6,000 funding to cover the pledge of $2,000 per year to the Indian River Farms Water Control District and for other cleanup/illegal dumping projects. ANALYSIS - Each project will have labor and machinery donated toward this effort. It is the request of the partners involved in each project that the BCC allocates funds to cover associated landfill fees. This will include disposal of debris from the demolition and reconstruction of homes involved in the PACE project, and illegal public dumping debris that is cleaned up by County/SWDD staff or by volunteers organized by KIRB. The total estimated landfill fees are not expected to exceed $6,000.00 for all projects involved in clean-up efforts. @BCL@AOOCDEFS.docx Page 1 215 FUNDING: The funding to cover landfill disposal fees for cleanup events and illegal dumping debris is available in account 00120415-033190. Description I Account Number Amount General Fund - Planning Other Professional Services I 00120415-033190 $6,000.00 RECOMMENDATION: Staff recommends the Board of County Commissioners authorize up to $6,000.00 to be donated to various Protocol for Assessing Community Excellence/illegal dumping (PACE) projects for the sole purpose of paying associated landfill fees. ATTACHMENTS: Letter from Health Department @BCL@AOOCDEFS.docx Page 2 216 Mission: Rick Scott To protect, promote &improve the health Governor of all people in Florida through integrated Celeste Philip, MD, MPH state, county & community efforts. HEALTHSurgeon General and Secretary Vision: To be the Healthiest State in the Nation FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY December 14, 2017 Indian River County Solid Waste Disposal District 1325 741 Avenue SW Vero Beach, FL 32968 RE: Landfill Fee Allocation: Dear Himanshu: Since April 2009, Florida Department of Health in Indian River County's Environmental Health section has been implementing the Protocol for Assessing Community Excellence in Environmental Health (PACE EH) in the Gifford, Fellsmere and Wabasso communities. One of the top issues that has been identified by the residents and the health department is abandoned homes. These abandoned homes are safety and health hazards and provide havens for drug dealers and other criminal activities. In addition to PACE EH, Environmental Health responds to complaints associated with abandoned and derelict homes and structures throughout the county. Environmental Health staff also respond to illegal dumping complaints when there is a creation of a sanitary nuisance. This type of complaint response has increased with the current economic climate, aftermath of 2016 storms and continued mosquito concerns in the community. Last year the Commission allocated $6,000 to assist with landfill fees while labor and equipment were donated by private contractors in order to assist the very low income property owners with demolishing the hazardous structures It has been determined that there are other abandoned structures and illegal dumping sites that need to be demolished and cleaned up to improve the well-being of the community. It is the request of the partners involved that the County Commission allocate funds to cover associated landfill fees. The total associated landfill fees are not expected to exceed $6,000. Sincerely, (4, CheryYL. Dunn R.S. Environmental Health Manager Indian River County Environmental Control Officer Florida Department of Health In Indian River County 1900 27t, Street, Vero Beach, FL 32960 Accredited Health Department PHONE: 7721794-7400 • : Public Health Accreditation B2oo0 WEBSITE: http:l/indianriver.floridaheahh.gov FloridaHealth.gov 4�'FkCU;, INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT * , * // BOARD MEMORANDUM Date: December 28, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Award of Bid for Recycling at Governmental Buildings and Facilities (Bid #201810) DESCRIPTIONS AND CONDITIONS: The Indian River County (IRC) Solid Waste Disposal District (SWDD) requested the solicitation of bids to establish fixed pricing for weekly collection of recyclables at Governmental Buildings and Facilities for an initial four-year term, with the option to renew for an additional three years. These services had been previously provided by a former solid waste franchise hauler, which was replaced effective October 1, 2015. During the interim period, Waste Management, Inc. of Florida (WMIF) has provided the service under a Purchase Order and primarily utilizing residential single -stream carts. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Specifications/Plans Downloaded by Replies: November 1, 2017 November 22, 2017 200 Subscribers 12 Vendors 1 Vendor Bidder Location Monthly Bid Price Estimated Annual Cost Waste Management Inc. of Florida Vero Beach $7,418.00 $89,016.00 ANAI VCK• Each vendor that responded to the franchise solicitation in 2015 was included in the Demandstar broadcast list. The selected vendor will be required to provide 251 new containers to the various county facilities as part of the contract. The low bid represents a 150% monthly increase from the current monthly cost of $2,962.33. FUNDING: Based on the past two years of pricing, there is approximately $36,000 budgeted in the FY17/18 budget for these services which is available in the SWDD — Convenience Centers and Recycling — Other Contractual Services Account. Based on the only response by WMIF, an additional $53,016 will be needed to cover an entire year of monthly billable services. This will require a budget amendment from reserve funds. 218 @BCL@A00C9E19.docx Page 1 of 2 Account Number Account Description I Requested FY17/18 Budget 41125534-033490 SWDD— Convenience Centers and Recycling— Other Contractual Services $89,016.00 RECOMMENDATION: Staff recommends the Board award Bid 2018010 to Waste Management Inc. of Florida and authorize the Chairman to execute the Sample Agreement once it has been approved by the County Attorney as to form and legal sufficiency. Staff also recommends approval of a future budget amendment to cover the additional expense for these services. ATTACHMENT: 1. Sample Agreement 219 @BCL@AOOC9E19.docx Page 2 of 2 Sample Agreement THIS AGREEMENT is by and between Indian River County Solid Waste Disposal District (SWDD), a dependents pecia I district of 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), whose address is c/o Indian River County Utilities Department, 180127 1h Street, Vero Beach, FL 32960 and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: To provide recycling collection services to various Indian River County governmental buildings and facilities falling within the funding jurisdiction of the Solid Waste Disposal District. The CONTRACTOR shall provide the necessary carts or containers listed on the bid form and shall provide at a minimum weekly collection service. The CONTRACTOR shall bring all of the recycling to the Indian River County Landfill Materials Recovery Facility (DESIGNATED FACILITY). ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Recycling Services at Governmental Buildings and Facilities Bid Number: 2018010 Billing Address: 132574 th Avenue SW, Vero Beach Florida 32968 Site Locations: Various (See Attached Exhibit A for locations) ARTICLE 3 -CONTRACT TIMES 3.01 Initial Term A. The initial term of this Agreement shall begin on the Effective Date of this Agreement through September 30, 2022. 3.02 Renewal Option A. At the sole option of SWDD, this Agreement maybe renewed for one (1) additional term of three (3) years under the same terms and conditions as the initial term, including amendments. The CONTRACTOR shall be notified by SWDD no later than September 30, 2021 of its intent to renew or not to renew the Agreement. If renewed, the additional three (3) year term will begin on October 1, 2022, and terminate on September 30, 2025. 220 ARTICLE 4 - COMPENSATION 4.01 The SWDD shall pay the CONTRACTOR for the performance of this Agreement in accordance with the Bid Documents, subject to annual price adjustments as set forth in Section 4.04 (if approved by the County Administrator or designee) or by an approved amendment by the SWDD Board, the total amount in current funds being as follows (the "Compensation"): SIZE OF CONTAINER(S) # OF CONTAINERS* UNIT COST TOTAL COST 64 -gallon 244 $25.00 $ 6,100.00 2 cu yd 2 $40.00 $80.00 6 cu yd 1 $124.00 $124.00 8 cu yd 4 $166.00 $664.00 Specialty Service 6 $75.00 $450.00 Total Price/Month $7,418.00 *See attached Exhibit A for specific locations. 4.02 Once each month payments shall be made during the term of the Agreement in the amount due on the invoice. Contractor shall submit an invoice to the SWDD Project Manager no later than the 10th day of each month for the previous month's recycling services. Payment to the Contractor shall be made for all undisputed amounts on or before the thirtieth (30th) calendar day or 20 business days of the SWDD's receipt of the invoice, whichever occurs later, upon verification by SWDD of the invoice submitted. The SWDD may reject the application in writing which shall specify the deficiency and the action necessary to correct the deficiency. Payment shall be due 20 business days after the SWDD's receipt of a corrected invoice. 4.03 The SWDD shall pay the CONTRACTOR through payments issued by the County Finance Department in accordance with the Local Government Prompt Payment Act of the Florida Statutes, upon receipt of the invoice from the SWDD Managing Director. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Local Government Prompt Payment Act. 4.04 Rate Adjustment A. All unit prices shall remain the same through September 30, 2020. B. Contractor may request an annual rate adjustment. Such request must be submitted in writing to SWDD no later than April 30th of the year in which Contractor would like the rate adjustment to go into effect. Such rate adjustments are subject to approval by the County Administrator or his designee. If approved, the rate adjustment would become effective October 1 of that year. C. If a rate adjustment is requested, the calculation shall be made as specified in Exhibit B and shall not exceed three percent (3%). 221 ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. 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. CONTRACTOR has visited the various locations for the recycling services identified in Exhibit A (Sites) 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 identified in Article 1. 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 identified in Article 1. 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 Sites which may affect cost, progress, or performance of the Work identified in Article 1 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. 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 identified in Article 1 and as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Sites, 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. 222 I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work identified in Article 1. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (2) Certificate of Liability Insurance (3) Invitation to Bid 2018010 (4) CONTRACTOR'S Bid Form (5) Drug Free Workplace Form (6) Affidavit of Compliance (7) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (8) The following which maybe delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments b) Approved Rate Adjustments ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, 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. 223 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 224 B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 - INSURANCE • Owners and Subcontractors Insurance: The Contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the Contractor's insurance. • Worker's Compensation Insurance: The Contractor shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Contractor shall provide adequate coverage for the protection of such employees. • Public Liability Insurance: The Contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General Commercial General (Public) Liability, A. Premises / Operations other than Automobile B. Independent Contractors C. Products / Completed Operations $1,000,000.00 Combined single limit D. Personal Injury for Bodily Injury and Property Damage E. Contractual Liability F. Explosion, Collapse, and Underground Property Damage Automobile A. Owner Leased Automobiles B. Non -Owned Automobiles $1,000,000.00 Combined single limit C. Hired Automobiles Bodily Injury and Damage Liability D. Owned Automobiles 225 • Proof of Insurance: The Contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required. Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming owner as Additional Insured must accompany the Certificate of Insurance. Article 11: TERMINATION OF CONTRACT 11.01 Failure to Maintain Performance Bond and Insurance. A. SWDD reserves the right to terminate this Agreement if Contractor fails to obtain and maintain the Performance Bond as set forth in Article 18 and the insurance set forth in Article 20. 11.02 Bankruptcy B. SWDD reserves the right to terminate this Agreement if the Contractor takes the benefit of insolvency statute, or shall make a general assignment for the benefit of creditors, files a voluntary petition in bankruptcy, petitions or answers seeking an arrangement for its reorganization or readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States, or any state thereof, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property. C. SWDD reserves the right to terminate this Agreement if by order or decree of a court, Contractor shall be adjudged bankrupt, or an order shall be made approving a petition filed by any of its creditors or by any of the Stockholders of Contractor seeking its reorganization or the readjustment of its indebtedness under federal bankruptcy laws or under any law or statute of the United States or of any state thereof; provided that, if any such judgment or order is stayed or vacated within sixty (60) Days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect. D. SWDD reserves the right to terminate this Agreement if by or pursuant to or under authority of any legislative act, resolution, or rule, or any order or decree of any court or governmental board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of the Contractor, and such possession of control shall continue in effect for a period of sixty (60) Days. 11.03 Default A. SWDD may terminate this Agreement by written notice of default to Contractor if Contractor fails to perform or observe any of the terms and conditions of this Agreement for a period of thirty (30) days after receipt of notice of such default. Article 12: PERFORMANCE 12.01 Performance Standard A. The Contractor is expected to provide weekly recycling services as identified in Article 1 on a timely manner and deliver all recycling materials to the Material Recovery Facility at the IRC Landfill. The Contractor shall utilize approved containers with service verification system for all locations serviced through this Agreement. Specification on carts and service verification system is provided in Exhibit C. 226 B. The Contract Manager shall file a complaint with the Contractor for any missed pick-ups and the contractor shall resolve these within 48 hours otherwise subject to the administrative charges below. 12.02 Administrative Charges C. The Contract Manager shall notify the Contractor in writing by the tenth (10) Day of the month of the SWDD's intent to deduct any administrative charges, including the basis for each administrative charge, from payments due or to become due to the Contractor for service provided under this Agreement. D. In the event the Contractor wishes to contest such monthly assessment, the Contractor must do so within ten (10) Days of issuance of each assessment notification by requesting, in writing, a meeting with the Contract Manager to resolve the issue. Following such a meeting, the Contract Manager shall notify the Contractor in writing of any action taken with respect to the Contractor's claims. Contractor may further appeal, in writing, the decision of the Contract Manager to the County Administrator, who shall conduct a review of all of the facts and circumstances, and make a determination in writing. The County Administrator's decision shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not supported by competent evidence. E. The Contract Manager may assess the following administrative charges pursuant to this Article on a monthly basis in connection with the Agreement: Performance Standard Violation Liquidated Damages Failure to deliver materials to a Designated Facility. 1'i occurrence = $1,000 2"0 occurrence = $5,000 3rd+ occurrences = $10,000 Failure to resolve missed pickups $100 per unresolved missed pickup 227 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Solid Waste Disposal District, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman Date: APPROVED: By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Address for giving notices: Designated Representative: Name: Title: Address: Phone: Email: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) 228 EXHIBITA- LOCATION AND RECYCLING SERVICES ITEM LOCATION ADDRESS # OF CONTAINERS SIZE OF CONTAINER(S) LEVEL OF SERVICE 1 Indian River County Admin Bldg. (Bldg A) 1800 27TH St 14 64 -gallon 1 x Week 2 Indian River County Admin Bldg. (Bldg B) 1801 27TH St 14 64 -gallon 1 x Week 3 Indian River County Admin Bldg. (Bldg B) 1801 27TH St 1 8 cu yd 1 x Week -4 IRC Main Library 1600 21st St 12 64 -gallon 1 x Week 5 North County Library 1001 CR 512 6 64 -gallon 1 x Week 6 North County Library 1001 CR 512 1 2 cu yd 1 x Week 7 IRC Courthouse 2000 16th St 5 64 -gallon 1 x Week 8 North IRC Annex, Sebastian Square Shopping Cntr 11602-11604 U S #1 6 64 -gallon 1 x Week 9 IRC Health Dept 1900 27th St 18 64 -gallon 1 x Week 10 Elections Office 4375 43rd Ave 8 64 -gallon 1 x Week 11 Facilities Mgmt/Animal Control 4305A & 4305B 43rd Ave 6 64 -gallon 1 x Week 12 Emergency Operations Center (EOC) 4225 43rd Ave 6 64 -gallon 1 x Week 13 Road & Bridge 4550 41st St 6 64 -gallon 1 x Week 14 Fleet Management 5234 41st St, Suite A 1 2 cu yd 1 x Week 15 HRS Bldg 4675 28th Ct 6 64 -gallon 1 x Week 16 Utility Operations Center 4350 41st St 8 64 -gallon 1 x Week 17 Fire Station #1 1500 Old Dixie Hwy 5 64 -gallon 1 x Week 18 Fire Station #2 3301 Bridge Plaza Dr 5 64 -gallon 1 x Week 19 Fire Station #3 2900 43rd Ave 5 64 -gallon 1 x Week 20 Fire Station #4 1500 9th St SW 5 64 -gallon 1 x Week 21 Fire Station #5 6540 Old Dixie Hwy 3 64 -gallon 1 x Week 22 Fire Station #6 101 S A -1-A 5 64 -gallon 1 x Week 23 Fire Station #7 1215 82nd Ave 5 64 -gallon 1 x Week 24 Fire Station #8 1115 Barber St 5 64 -gallon 1 x Week 25 Fire Station #9 1640 U S #1 5 64 -gallon 1 x Week 26 Fire Station #10 62 North Broadway 5 64 -gallon 1 x Week 27 Fire Station #11 2555 93rd Ave 5 64 -gallon 1 x Week 28 Fire Station #12 3620 29th St 5 64 -gallon 1 x Week 29 Fire Station #13 4330 4th St 5 64 -gallon 1 x Week 30 Fire Station #14 6780 26th St 5 64 -gallon 1 x Week 31 Fire Station #15 9470 CR512 3 64 -gallon 1 x Week 229 ITEM LOCATION ADDRESS # OF CONTAINERS SIZE OF CONTAINER(S) LEVEL OF SERVICE 32 IRC Tax Collectors Office 1860 82nd Ave 6 64 -gallon 1 x Week 33 Historic Dodger Town / MLB 3901 26th St 6 64 -gallon 1 x Week 34 Hobart Soccer Complex 6310 77th St 1 8 cu yd 1 x Week 35 North County Aquatics Center 9450 CRS12 3 64 -gallon 1 x Week 36 Gifford Aquatics Center 4895 43rd Ave 3 64 -gallon 1 x Week 37 Sandridge Golf Club 5300 73rd St 4 64 -gallon 1 x Week 38 Sandridge Golf Club 5300 73rd St 1 6 cu yd 1 x Week 39 Indian River County Fairgrounds 7955 58th Ave 1 8 cu yd 1 x Week 40 Indian River County Parks Division 5500 77th St 1 8 cu yd 1 x Week 41 Indian River County Parks Division 5500 77th St 4 64 -gallon 1 x Week 42 Ampersands Beach 12566 Hwy AlA 1 64 -gallon 1 x Week 43 Treasure Shores Park * 11300 Hwy AIA 4 64 -gallon 1 x Week 44 Golden Sands Park * 10350 Hwy AlA 6 64 -gallon 1 x Week 45 Wabasso Beach Park * 1820 Wabasso Beach Rd 5 64 -gallon 1 x Week 46 Seagrape Trail Beach Access 8302 Hwy AIA 1 64 -gallon 1 x Week 47 Turtle Trail Beach Access 8102 Hwy AIA 1 64 -gallon 1 x Week 48 Tracking Station Park * 800 46th PI 4 64 -gallon 1 x Week 49 Round Island Park (Beachside) * 2200 S Hwy AlA 7 64 -gallon 1 x Week 50 Round Island Park (Lagoon side) * 2200 S Hwy AlA 3 64 -gallon 1 x Week * Specialty Service - Empty Containers at Multiple Locations 230 EXHIBIT B — CALCULATION OF RATE ADJUSTMENT (After September 30, 2020) One Hundred Percent (100%) of the rate adjustment shall be based on seventy-five percent (75%) of the change in the Consumer Price Index (CPI) between the month of April in the prior year (CP11) and the month of April in the current year (CP12). The CPI shall be the South Urban Region, All Items — All Urban Wage Earners and Clerical Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID = CWUR0300SA0) If the designated index is discounted or substantially altered, SWDD may select another relevant price index published by the United States Government or by a reputable publisher of financial and economic indices. The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed three percent (3.0%) of the previous rate. FORMULA FOR CALCULATING ANNUAL RATE ADJUSTMENT Annual Adjustment (as a Percentage) AA = (((CP12 - CP11) / CP11) * 0.75)); New Rate = Round ((Current Rate + AA*Current Rate), 2) Where: "CP11" = published CPI average for the month of April of the prior year "CP12" = published CPI average for the month of April of the current year SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT INCREASE Assumptions: Current Rate = $10.00 CP11 = 226.618 CP12 = 227.955 Annual Rate Adjustment = ((227.955-226.618)/ 226.618) * 0.75) = 0.44% Annual Rate Adjustment of 0.44% is less than 3.0% the maximum allowed. New Rate = ROUND ($10.00 * (1 + 0.0044), 2) = $10.04 SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT DECREASE Assumptions: Current Rate = $10.00 CP11 = 226.618 CP12 = 225.618 Annual Rate Adjustment = ((225.618-226.618)/ 226.618) * 0.75) = -0.33% New Rate = ROUND ($10.00 * (1 + (-0.0033), 2) = $9.97 Annual Rate Adjustment is subject to the approval of the County Administrator or his designee. 231 EXHIBIT C— CART/CONTAINER SPECIFICATION AND SERVICE VERIFICATION SYSTEM 1. Cart/ Container Specification The standard size recycling carts include either a ninety-six (96) gallon cart or a sixty-four (64) gallon cart for Program Recyclables. The cart specification must be approved by the Contract Manager. The Program Recyclables are as follows: i. All paper not contaminated by food, including newspaper, magazines, phone books, junk mail, office paper, cardboard, paper bags, paperboard, chipboard, file folders, envelopes, paperback books, mixed paper, etc. ii. Aluminum food and beverage containers. iii. Aluminum foil, pie plates, and trays. iv. Glass food and beverage containers. v. Ferrous cans, including aerosol cans not containing corrosive, toxic, ignitable, or reactive ingredients, including products such as paints, cleaners, oils, batteries and pesticides that contain potentially hazardous ingredients. vi. Aseptic cartons, including juice boxes, gable top milk and juice containers, soy milk and soup cartons. vii. All plastic containers except plastic film. viii. Bulky rigid plastics. ix. Scrap metal. b. The standard large size containers shall be either a 2 cubic yard, 4 cubic yard, 6 cubic yard or 8 cubic yard recycling dumpster. These containers must have lids, be painted, leak proof and have proper identification that it is a recycling container and not for garbage. 2. Service Verification System Contractor shall provide and maintain a service verification system with web -based access. Service verification software shall be capable of providing reports online that can be downloaded in PDF and Excel formats. Contractor is responsible for all associated software costs and maintenance. b. Service verification software shall be capable of providing map -based location visibility of frontline and reserve collection vehicles operated in real time, and shall be able to generate reports as needed based on recycling cart and recycling container service activity, including, but not limited to, collection and non -collection events. 232