HomeMy WebLinkAbout02/20/2018 (2)0 R t`
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, FEBRUARY 20, 2018 - 9:00 AM
Commission Chambers
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Peter D. O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator
Bob Solari, Vice Chairman, District 5 Dylan Reingold, County Attorney
Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Joseph E. Flescher, District 2
Tim Zorc, District 3
1. CALL TO ORDER
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS
2.13. INVOCATION
Philip Katrovitz, Humanists of the Treasure Coast
3. PLEDGE OF ALLEGIANCE
Dylan Reingold, County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
5.A. Presentation of Proclamation Honoring Larry Staley on His Retirement From
Indian River County Board of County Commissions, Department of General
Services, Recreation Division with Thirty -Seven Years of Service
5.B. Presentation of Proclamation Honoring Dr. A. Ronald Hudson
5.C. Presentation of Proclamation Honoring the Gifford Youth Achievement Center,
Inc., for 20 Years of Dedicated Service
5.D. Presentation by Kim Prado, Board Member, and Michelle Dion, Volunteer
Coordinator on the 2018 Vero Beach Air Show
6. APPROVAL OF MINUTES
February 20, 2018 Page 1 of 5
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
7.A. Proclamation Honoring Tony B. Etter on His Retirement From Indian River County
Board of County Commissioners, Department of Utility Services, Wastewater
Treatment Division with Twenty -Eight Years of Service
7.13. Florida Public Service Commission Consummating Order No.
PSC -2018 -0076 -CO -EI In re: Petition for approval of curtailable service tariff
modifications, by Florida Power & Light Company is on file for review in the
office of the Clerk to the Board.
8. CONSENT AGENDA
8.A. Checks and Electronic Payments February 2, 2018 to February 8, 2018
8.11. Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education
Program Trust Fund Report - Cumulative Reporting Through 12/31/17
8.C. Quarterly Investment Report for the Quarter Ending 12/31/17
8.1). Quarterly Tourist Development Tax Report for the Quarter Ending 12/31/17
8.E. Quarterly OPEB Trust Report for the Quarter Ending 12/31/17
8.F. Appointment to the Economic Opportunities Council of Indian River County, Inc.
8.G. Environmental Liability Insurance Recovery
8.11. Berkley Square Subdivision - Request for 2 -Year Extension to Final Lift of Asphalt
Contract; Developer: GHO Berkley Square Corp.
8.I. Lily's Cay At Vero Beach - Request for 1 -Year Extension to Final Lift of Asphalt
Contract; Developer: Diamond Court West FL, LLC
8.1 Town of Indian River Shores Reclaimed Water Franchise Agreement
8.1C Stratus Bent Pine LLC's Request for Release of a Portion of a Utility Easement at
5800 58th Avenue (Bent Pine Preserve Phase 1)
8.L. West Regional Wastewater Treatment Facility Filter Replacement
8.M. Fourth of July Fireworks Funding
8.N. Miscellaneous Budget Amendment 007
8.0. Two -Year Extension of Hurricane Debris Removal Contract For Ceres
Environmental Services, Inc.
8.P. Work Order No. 2018007-1, Coastal Technology Corporation, Sector 7 Beach and
Dune Renourishment - design and Permitting
February 20, 2018 Page 2 of 5
8.Q. Work Order No. 1 Ecological Associates, Inc. HCP Sea Turtle Monitoring North
County
S.R. Work Order No. 2018006-1 APTIM Environmental and Infrastructure, Inc., Sector
3 Beach Restoration Project, 2018 Post Construction Sea Turtle Monitoring
Services
8.5. Approval of Ranking of Contractors and Award for RFP No. 2018024 74th Ave and
1st St SW Culvert Replacement IRC -1737
8.T. Approval of Ranking of Contractors and Award for RFP No. 2018033 Blue Cypress
Lake Road Culvert Replacement IRC -1758
8.U. Final Payment, Release of Retainage and Change Order No. l Indian River County
Courthouse Judge's Security Upgrade Project IRC -1621
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9.A. Applications for Citizen Member to the Value Adjustment Board
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1. Continuation: 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, Public Hearing and the Adoption of
Resolution No. III (Legislative)
B. PUBLIC DISCUSSION ITEMS
10.B.1. Request to Speak from Alet Filmalter Regarding Millstone Roadway
Improvements to 17th Street SW
10.B.2. Request to Speak from Jeffrey L. Vaughan Regarding Millstone Roadway
Improvements to 17th Street SW
10.B.3. Request to Speak from Jennifer and Philip Snyder Regarding Millstone
Roadway Improvements to 17th Street SW
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
C. General Services
1. Human Services
February 20, 2018 Page 3 of 5
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budget
12.E.1. 2018/2019 Budget Workshop / Hearing Schedule
F. Public Works
G. Utilities Services
13. COUNTY ATTORNEY MATTERS
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Brvan, Chairman
B. Commissioner Bob Solari, Vice Chairman
14.11.1. Update on Florida's Constitution Revision Commission
C. Commissioner Susan Adams
D. Commissioner Joseph E. Flescher
E. Commissioner Tim Zorc
14.E.1. Millstone Landing Certificate of Occupancy
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
C. Environmental Control Board
16. ADJOURNMENT
February 20, 2018
Page 4 of 5 i
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.ircizov.com The full agenda is
also available for review in the Board of County Commission Office, the Indian River County Main Library,
and the North County Library.
Commission Meetings are broadcast live on Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
February 20, 2018 Page 5 of 5
5-A
PROCLAMATION
HONORING LARRY STALEY ON HIS RETIREMENT FROM
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONER_ S
DEPARTMENT OF GENERAL SERVICES
RECREATIONDIVISION
WHEREAS, Larry Staley has announced his retirementfrom the Recreation
Department and Indian River County Board of County Commissioners effective
February 28, 2018, and
WHEREAS, Larry Staley began his career with Indian River County on
October 12, 1981 in the Parks Division, and on September 30, 1988 he was promoted to
Recreation Coordinator and promoted on April 21, 2006 to Recreation Facilities
Manager and served in this capacity until his retirement, and
WHEREAS, Larry Staley has served this County and the Public with distinction and
se 7essness. During his thirty-seven years of service, he was dedicated, and his work
was greatly appreciated by his employer, citizens and co-workers alike, and
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board
applauds the tremendous efforts of Larry Staley on behalf of this County, and the
Board wishes to express their appreciation for his dedication and the exemplary service
he has given to Indian River Countyfor the last thirty-seven years, and
BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff
extend heartfelt wishes for success in his future endeavors.
Acknowledged this 20th day of February 2018.
7
f BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
� � t
Peter D. O'Bryan, Cl irman
PROCLAMATION 5,G
HONORING DOCTOR A. RONALD HUDSON
WHEREAS, A. Ronald Hudson, a 1950 graduate of Gifford High School, exemplifies educational and civic
leadership to Indian River County through his life's accomplishments and is being honored as an African American
Pioneer, and;
WHEREAS, A. Ronald Hudson, served his country as a Sergeant in the United States Army until his Honorable
Discharge in 1954; and
WHEREAS, A. Ronald Hudson, went on to earn his Bachelor of Science Degree in Chemistry from Bethune
Cookman College, to obtain his Master's Degree in Chemistry from Tuskegee University and a Master Degree in;
Educational Supervision and Administration from Stetson University, as well as a Doctorate in Psychology and School
Administration from Walden University, whereupon he led a distinguished career educating the youth in Indian River
County for 31 years from 1957 to 1988; and
WHEREAS, A. Ronald Hudson, with the love and support of his wife, Jackye, and three children, Dr. Rhonda
Hudson, Dr. Vonda Jones Hudson and A. Ronald Hudson, Jr., became a role model for not only his family, but the Indian;
River Community, in his many roles as a Chairman or member of Board of Directors for such entities as the Gifford Youth
Activities Center, Indian River Memorial Hospital; Habitat for Humanity; Job Training Centers, Inc., Mt. Zion AME Church,'
Indian River Community College, Gifford Progressive Civic League, and as a member of the Indian River County
Commission Charter Government Committee, Rotary Club, and the United Way; and
WHEREAS, throughout his career, A. Ronald Hudson strived to give back to the community through the founding
of the Gifford Youth Achievement Center, providing professional expertise for area teachers, and authoring many
publications to enhance student's education and to chronicle black heritage along the Treasure Coast; and
WHEREAS, A. Ronald Hudson's distinguished life included honors and awards such as Outstanding Teacher of
the Year, Distinguished Educators Award, A Commitment to Excellence Award, Indian River County People's Award, the
Book of Golden Deeds Award, the Dan Richardson Humanitarian Award and the Alma Lee Loy Service Award.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that this Proclamation recognizes the pioneer spirit and educational and civic contributions
made to the Treasure Coast by Dr. A. Ronald Hudson.
Adopted this 201h day of February, 2018.
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
Bob Solari, Vice Chairman
Susan Adams
Joseph E. Flescher
Tim Zorc
2
PROCLAMATION 5.0
HONORING THE GIFFORD YOUTH ACHIEVEMENT CENTER, INC.
FOR 20 YEARS OF DEDICATED SERVICE
WHEREAS, the Gifford Youth Achievement Center, Inc., a 501(c)3 agency with its primary purpose to
enhance the academic achievement of children in Indian River County, has been serving the Gifford
community and beyond for the last 20 years since it opened its doors on February 15, 1998; and,
WHEREAS, Mr. Danforth K. Richardson, Dr. A. Ronald Hudson, and Dr. William Nigh were founders of the
Gifford Youth Achievement Center, Inc., with the support of the Progressive Civic League of Gifford, Florida,
Inc., the Indian River County Board of County Commissioners, and other community leaders; and,
WHEREAS, Gifford Youth Achievement Center, Inc. has been the catalyst for helping to improve
graduation rates in Indian River County of African-American students which had dropped below 30 percent in
1996 and today is approximately 74 percent; and,
WHEREAS, Gifford Youth Achievement Center, Inc. provides programs and activities for all ages including
children, adults and senior citizens in its facility which contains classrooms, computer labs, a county library
branch, and an indoor gymnasium; and,
WHEREAS, Gifford Youth Achievement Center, Inc. has established vital partnerships with many other
local organizations who are passionate about supporting the mission which states "with God's guidance, we
strive to encourage our children's development of self-esteem, teach character, and encourage every
individual to reach for his or her ultimate potential".
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN
RIVER COUNTY, FLORIDA that the Board recognizes the efforts of Gifford Youth Achievement Center, Inc.
over the last 20 years of service in making Indian River County a better place for our children, adults and
seniors.
Adopted this 20th day of February, 2018. BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
Bob Solari, Vice Chairman
Susan Adams
Joseph E. Flescher
Tim Zorc
3
5D
CALLING ALL VOLUNTEERS!
NOW IS THE TIME TO SIGN UP TO VOLUNTEER FOR THE
2018 VERO BEACH AIR SHOW HELD AT THE VERO BEACH
REGIONAL AIRPORT ON APRIL 21st - APRIL 22nd, 2018
FOR VOLUNTEER OPPORTUNITIES LOG ON TO:
WWW.VEROAI'RSHOW.COM
CLICK ON PARTICIPATE
CLICK ON 2018 VERO BEACH AIR SHOW VOLUNTEER
APPLICATION
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT
MICHELLE DION (VOLUNTEER COORDINATOR)
AT 772-473-5154
4
7 A.
PROCLAMATION
HONORING TONY B. ETTER ON HIS RETIREMENT FROM
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF UTILITY SER VICESIWASTEWATER TREATMENT
DIVISION
WHEREAS, Tony Etter retired from Indian River County Wastewater Treatment
Division effective December 11, 2017, and
WHEREAS, Tony Etter began his career with Indian River County on May 2, 1989, as
a Wastewater Treatment Plant Operator Trainee. He was promoted to a
Water/Wastewater Plant Operator C on May 11, 1989; to Water/Wastewater Plant
Operator B on June 5,1992; and to Chief Operator on July 1, 1994. On June 21, 2002,
he transferred to Wastewater Plant Operator B and was promoted to Chief Operator on
August 25, 2006, where he continued in that capacity until his retirement; and
WHEREAS, Tony Etter has served this County and the Public with distinction and
se flessness. During his twenty-eight years of service, he was dedicated, and his work
was greatly appreciated by the employer, citizens, and co-workers alike, and
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board
applauds Tony Etter's efforts on behalf of the County, and the Board wishes to express
their appreciation for the dedicated service he has given to Indian River Countyfor the
last twenty-eight years; and
BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff
extend heartfelt wishes for success in his future endeavors!
Adopted this 20111 day of February, 2018.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
t
Peter D. O'Bryan, hairman
FILED 2/13/2018
DOCUMENT NO. 01165-2018
FPSC - COMMISSION CLERK
41'le
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of curtailable DOCKET NO. 20170216 -El
service tariff modifications, by Florida Power ORDER NO. PSC -2018 -0076 -CO -EI
& Light Company. ISSUED: February 13, 2018
CONSUMMATING ORDER
BY THE COMMISSION:
By Order No. .PSC -2018 -0049 -TRF -El, issued January 22, 2018, this Commission
proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule
25-22.029, Florida Administrative Code. No response has been filed to Order No. PSC -2018-
0049 -TRF -EI in regard to the above mentioned docket. It is, therefore,
ORDERED by the Florida Public Service Commission that Order No. PSC -2018 -0049 -
TRF -EI has become effective and final. It is further
SBR
ORDERED that this docket shall be closed.
By ORDER of the Florida Public Service Commission this 13th day of February, 2018.
CARLOTTA S. STAUFFER
Commission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies 'furnished: A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
<P�,6®1
ORDER NOS. PSC -2018 -0076 -CO -EI
DOCKET N6. 20170216 -El
PAGE 2 1
i
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any judicial review of Commission orders that is available pursuant
to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This
notice should not be construed to mean all requests for judicial review will be granted or result in
the relief sought.
Any party adversely affected by the Commission's final action in this matter may request
judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or
the First District Court of Appeal in the case of a water and/or wastewater utility by filing a
notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal
and the filing fee with the appropriate court. This filing must be completed within thirty (30)
days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate
Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of
Appellate Procedure.
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RESOLUTION NO. 201"10
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONER$ OF ROOM RIVER
COUNTY, FLORIDA, PROVIDING FOR A WATER MAN! EXTENSION ALONG 103RD COURT
FROM UTH STREET TO A 89TH STREETWSDHN A PORTION OF BLOCKS E AND H, VERO
LAKE ESTATES SUBDIVISION, UNIT N-3, LOCATED N NMAN RIVER COUNTY, FLORIDA;
PROVIDING THE TOTAL ESTIMA7ED COST, METHOD OF PAYMENT OF ASSESSMENTS,
NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED.
WHEREAS, the Board of County Cormwabneot of Indian River County has defermined that the
improvements twain described are necessary to prcxrato the pubic welfare of the county and has determined to
defray the cost Owed by special ascomm ants agauat certain spatially benefited properties to be serviced by a
water main cattension along 103rd Court from Stith Sir" to S, 891h Street within a portion of Blocks E and H, Vero
Luka Estates Subdivision. Ural H3, located in Indian River Cmft Florida,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA„" follows:
1. The County does hereby determine that a water main shall be adonded along 103rd Court from 88th Street
to S. 89th Street within a porton of Blocks E and H, Vero Lake Estates Subdivision, Unit H3, located in
Indian RAwCohedy Fluids. to Sped* bemlit 9 parcels located twain f hrprovermntC), and VM the cal
Thereof shelf be epoch* assessed in accordance with the provisions of Section 206.01 tragih 206.09 of
The Cod* of Winn River Coady
2 As s sass to water provides an equal banelfl to each property served, the assasunent will be equal per
Pam
3. The ealimled cat for to Improvements is $46,800.00 orS5,200.00 per parol to be paid by the properties
Speciriy beneated as Shaven on the assournord plot on Wo with the D"rtnwg or U1ily Services and the
Clerk to the Board Assessmuds we to be levied against all bis and lands adpiang and contiguous or
bounding and abutting upon to Improvaments or specialty bon~ thereby and further dasigmled by to
asseasmud plat with rasped to the Special assesssmuntn
4. A special assesumnt in the amount of SS,200.00 per parcel may be assessed againat each of the specially
benefited properties designated on Mo asse surnet pint on fie with the Clark to the Board. This spacial
assessment may be raised or lowered by action of On Board of County Commissioners *swig as the
equalizing board at the pubic hearing, as set forth in Section 206.07 of The Code of Indian Riser County,
S. The spacial asseasm eras Malt be due and payable and may be paid in full within 90 days after the date of
the as -bath resolution of the Board with rasped to creditsi the special aasasall ants alar completion
of the Improvements (tor'CMA Daley ag without i lerest. NI not paid in tui, tw Spacial assess nerh may
be paid in ton equal yearly installments of principal plus internal. If not paid when dine, there shall be
added a panty of 1-1/2% or the principal not paid when due. The unpaid balance of the special
assessmsals *half boar interest urd paid al a rate to be determined by the Board of County Camiissioners
when the Improvements are completed
6. There is prosentty on No with the Department of Utility Services and the park to the Board an assessmant
plat showing the area to be assessed, plata and spe*uacalions for the Improvements and an estimhle of the
coat of the proposed Improvements. AN of these are open to kapeeilon by the public at the Department of
UtTdp Services and the Clad to the Board.
7. Apsopaed preitninaryaasesamentrolwkh respectbt a specedassessmants ISoMdawilhthe Department
of Utility Services and the Clerk to the Board
6 Upon the adoption of this resolution, the Depastmerd of Utility Services *hal cause this resolution (along with
a rtap showing the areas to be served) to be published at bard on. tri in the Indian Ri✓er Press Journal
beton the pubic hearing as regaled by Section 206.04 of The Code of badan Raver County
The resoithon was Proved for adoption by Corravasksw Fiaschec and the motion was sacerhded by
Comrissiomr Zorc, and, upon bekg put to a vote, the vote was as follows:
Chairman polar, D. O'Bryan AYE
Vice Chairman Bob Sold AYE
Commissioner Susan Adorns AYE
Cormissiorw Joseph E. Findw AYE
Coumassiona ran tae AYE
The Chairman thereupon declared the resolution duly passed and adopted this 9th dry of January 2018.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By: ISI Peter R O'Bryan
Chaenan
Attest Jefrey It Smith. Clark of
Coat annpdde Comptroller
Dopa Clark
Approved as to form
and legal ori cunq:
By: tstrlylan Reingold
CountyAttorney
i
ppt.
PROPOSED
f... PRDiECTAREA« .
I
JEFFREY R. SMITH, CPA, CGFO, CDMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 27th Street
Vero Beach, FL 32960
TO:
HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM:
ELISSA NAGY, FINANCE DIRECTOR
THRU:
JEFFREY R. SMITH, COMPTROLLER
& compl
i U A
4.
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y�' R�yFR COt1t�t��~
DATE: February 8, 2018
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
February 2, 2018 to February 8, 2018
In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued
by the Board of County Commissioners are to be recorded in the Board minutes.
Approval is requested for the attached lists of checks and electronic payments, issued by the
Comptroller's office, for the time period of February 2, 2018 to February 8, 2018.
6
CHECKS WRITTEN
TRANS N.BR
DATE
VENDOR
AMOUNT
363365
02/05/2018
RENAISSANCE ORLANDO RESORT
189.00
363366
02/08/2018
PORT CONSOLIDATED INC
1,588.37
363367
02/08/2018
STURGIS LUMBER & PLYWOOD CO
2,251.03
363368
02/08/2018
JORDAN MOWER INC
1,189.48
363369
02/08/2018
COMMUNICATIONS INTERNATIONAL
24,841.82
363370
02/08/2018
RANGER CONSTRUCTION IND INC
1,274.47
363371
02/08/2018
VERO CHEMICAL DISTRIBUTORS INC
279.50
363372
02/08/2018
PERERS ENTERPRISES INC
3,986.95
363373
02/08/2018
RICOH USA INC
189.34
363374
02/08/2018
VELDE FORD INC
343.28
363375
02/08/2018
SAFETY PRODUCTS INC
1,175.32
363376
02/08/2018
DATA FLOW SYSTEMS INC
1.670.00
363377
02/08/2018
DELTA SUPPLY CO
119.56
363378
02/08/2018
E -Z BREW COFFEE & BOTTLE WATER SVC
91.90
363379
02/08/2018
GRAINGER
1,387.46
363380
02/08/2018
GRAYBAR ELECTRIC
667.09
363381
02/08/2018
AMERIGAS EAGLE PROPANE LP
59.99
363382
02/08/2018
AMERJGAS EAGLE PROPANE LP
424.37
363383
02/08/2018
AMERIGAS EAGLE PROPANE LP
1,022.87
363384
02/08/2018
INDIAN RIVER MEDICAL CENTER
200.00
363385
02/08/2018
BACH CO
4,084.79
363386
02/08/2018
LFI FORT PIERCE INC
1,916.73
363387
02/08/2018
CLIFF BERRY INC
581.35
363388
02/08/2018
ACTION DIESEL INJECTION SERVICE INC
635.70
363389
02/08/2018
SLP INVESTMENTS INC
45.00
363390
02/08/2018
BOUND TREE MEDICAL LLC
1,665.92
363391
02/08/2018
PETES CONCRETE
850.00
363392
02/08/2018
VERO INDUSTRIAL SUPPLY INC
90.88
363393
02/08/2018
TIRESOLES OF BROWARD INC
1,193.50
363394
02/08/2018
DELL MARKETING LP
.382.99
363395
02/08/2018
THE GOODYEAR TIRE & RUBBER COMPANY
794.70
363396
02/08/2018
BAKER & TAYLOR INC
2,303.72
363397
02/08/2018
ALL COUNTY MOWER. AND EQUIPMENT CORP
59.94
363398
02/08/2018
MIDWEST TAPE LLC
847.59
363399
02/08/2018
MWI CORP
1,166.57
363400
02/08/2018
MICROMARKETING LLC
343.26
363401
02/08/2018
K & M ELECTRIC SUPPLY
120.40
363402
02/08/2018
BAKER DISTRIBUTING CO LLC
302.82
363403
02/082018
CENGAGE LEARNING INC
80.98
363404
02/082018
PALM TRUCK CENTERS INC
780.69
363405
02/0812018
CREATIVE CHOICE HOMES XVI LTD
539.00
363406
02/08/2018
PING INC
1.119.71
363407
02/08/2018
CITY OF VERO BEACH
8.168.01
363408
02/082018
CI-tAPTER 13 TRUSTEE
201.08
363409
02/08/2018
COMPBENEFITS COMPANY
80.16
363410
02/08/2018
INDIAN R.IVERALL FAB INC
3,460.00
363411
02/08/2018
UNITED PARCEL SERVICE INC
17.46
363412
02/08/2018
FERGUSON ENTERPRISES INC
22.061.68
3634.13
02108/2018
LIVINGSTON PAGE
72.00
363414
02/08/2018
JANITORIAL DEPOT OF AMERICA INC
635.44
3634.15
02/08/2018
FLORIDA DEPT OF EDUCATION
171.53
363416
02/08/2018
HENRY FISCHER & SONS INC
1,050.00
363417
02/082018
PUBLIX SUPERMARKETS
70.08
363418
02/08/2018
PUBLIX SUPERMARKETS
9.43
363419
02/08/2018
ACUSI-INET COMPANY
2,465.14
363420
02/082018
INTERNATIONAL GOLF MAINTENANCE INC
88,148.43
363421
02/08/2018
FEDERAL EXPRESS CORP
19.12
363422
02/08/2018
FEDERAL EXPRESS CORP
30.27
TRANS N13R
DATE
VENDOR
AMOUNT
363423
02/08/2018
TYLER TECHNOLOGIES INC
41,309.00
363424
02/08/2018
CALLAWAY GOLF SALES COMPANY
7,916.79
363425
02/08/2018
FLORIDA POWER AND LIGHT
8,969.69
363426
02/08/2018
FLORIDA POWER AND LIGHT
11340.84
363427
02/08/2018
US KIDS GOLF LLC
226.50
363428
02/082018
NEW YORK TIMES
955.50
363429
02/082018
BUILDING OFFICIALS.ASSOC OF FLORIDA
298.00
363430
02/08/2018
BELA N.AGY
280.14
363431
02/08/2018
FLORIDA UC FUND
2,269.83
363432
02/08/2018
GREY HOUSE PUBLISHING
751.45
363433
02/08/2018
HENRY SMITH
180.00
363434
02/08/2018
G K ENVIRONMENTAL INC
5,187.50
363435
02/08/2018
JOHN BROWN & SONS INC
4,800.00
363436
02/08/2018
INTERNATIONAL CODE COUNCIL INC
175.80
363437
02/082018
BRIDGESTONE AMERICAS INC
1,048.34
363438
02/082018
ECONOLITE CONTROL PRODUCTS INC
1,250.00
363439
02/08/2018
TRANE US INC
1,697.00
363440
02/082018
SCOTT MCADAM
112.40
363441
02/08/2018
CELICO PARTNERSHIP
2,542.87
363442
02/08/2018
U S BANK NATIONAL ASSOCIATION
944.69
363443
02/08/2018
VAN WAL INC
860.00
363444
02/08/2018
STAPLES CONTRACT & COMMERCIAL INC
611.91
363445
02/0820.18
GRAHAM CLAYBURN
13.50
363446
02/08/2018
DAVID SILON
191.56
363447
02/082018
GLOVER OIL COMPANY INC
927.36
363448
02/0820.18
ADMIN FOR CHILD SUPPORT ENFORCEMENT
288.16
363449
02/082018
ADMIN FOR CHILD SUPPORT ENFORCEMENT
292.07
363450
02/082018
ADMIN FOR CHILD SUPPORT ENFORCEMENT
162.97
363451
02/08/2018
LARRY STE.PHENS
108.00
363452
02/08/2018
ORCHID ISLAND PROPERTY MGMT 11 INC
926.00
363453
02/082018
JOHNNY B SMITH
162.00
363454
02/082018
MOORE MEDICAL LLC
1,897.80
363455
02/082018
MENTAL HEALTH ASSOCIATION IRC INC
6;000.00
363456
02/0812018
GLOBALSTAR USA
183.45
363457
02/082018
DYNAMIC AIR QUALITY & COOLING INC
.129.00
363458
02/082018
CE'MEX
756.00
363459
02/08/20.18
EAST COAST TILE & TERRAZZO SUPPLIES INC
2,356.80
363460
02/082018
SOUTHEAST SECURE SHREDDING
156.52
363461
02/08/2018
BILLYS AUTO SERVICE INC
100.00
363462
02/08/2018
K'S COMMERCIAL CLEANING
16,309.08
363463
02/08/2018
NEW YORK METS/ST LUCIE METS
500.00
363464
02/082018
VERA SMITH
126.00
363465
02/08/2018
GARR.ETT SMITH
108.00
363466
021082018
DAILY DOSE CAFE
173.00
363467
02/08/2018
CITY DIRECTORIES
285.00
363468
02/08/2018
ECMC
276.58
363469
02/08/2018
FLORIDA ARMATURE WORKS INC
7,693.40
363470
02/08/2018
TOTAL ID SOLUTIONS INC
309.00
363471
02/08/2018
PROMATIC INC
147.01
363472
02/082018
ALAN JAY CHEVROLET CADILLAC
73,516.28
363473
02/082018
MOO.RE MOTORS INC
972.15
363474
02/082018
JOSHUA HARVEY GHIZ
1,822.70
363475
02/08/2018
JENKINS TRUCKING INC
3,692.10
363476
02/082018
REPROGRAPHIC SOLUTIONS INC
7.02
363477
02/08/2018
LOWES HOME CENTERS INC
1,985.64
363478
02/08/2018
BURNETT LIME CO INC
6,526.80
363479
02/08/2018
PENGUIN RANDOM HOUSE LLC
41730
363480
02/082018
STRAIGHT OAK LLC
399.00
363481
02/08/2018
KRAUS ASSOCIATES INC
10,185.94
363482
02/08/2018
STEWART & STEVENSON FDDA LLC
4,127.64
TRANS NBR
DATE
VENDOR
AMOUNT
363483
02/08/2018
ALEXIS PERALTA
17.98
363484
02/08/2018
CHEMTRADE CHEMICALS CORPORTAT.ION
2,276.40
363485
02/08/2018
KATE P COTNER
452.12
363486
02/08/2018
SUMMIT CONSTRUCTION OF VERO BEACH LLC
245.00
363487
02/08/2018
FAMILY SUPPORT REGISTRY
156.45
363488
02/0812018
EXTREME GOLF INC
315.00
363489
02/08/2018
THE LAW OFFICES OF
541.00
363490
02/08/2018
ARROW INTERNATIONAL
2,798.00
363491
02/08/2018
ANFIELD CONSULTING GROUP INC
10,000.00
363492
02/0812018
CATHEDRAL CORPORATION
4,432.86
363493
02/08/2018
MILNER SPORTS LLC
887.25
363494
02/08/2018
UNIFIRST CORPORATION
1,102.91
363495
02/08/2018
TAM] GAY
150.00
363496
02/0812018
HYDROMAX USA LLC
30;336.13
363497
02/08/2018
ADVANCE STORES COMPANY INCORPORATED
129.96
363498
02/08/2018
GUARDIAN ALARM OF FLORIDA LLC
842.50
363499
02/08/2018
EGP DOCUMENT SOLUTIONS LLC
949.58
363500
02/08/2018
NORTH AMERICAN OFFICE SOLUTIONS INC
57.85
363501
02/08/2018
WEST FLORIDA MAINTENANCE INC
9;675.00
363502
02/08/2018
FLORIDA SWIMMING INC
75.00
363503
02/08/2018
EASTERN PIPELINE CONSTRUCTION INC
780.00
363504
02/0812018
AC VETERINARY SPECIALTY SERVICES
108.38
363505
02/08/2018
MATHESON TRI -GAS INC
7,874.10
363506
02/08/2018
PEOPLE READY INC
1,880.38
363507
02/08/2018
COLE AUTO SUPPLY INC
3,028.61
363508
02/08/2018
CANON FINANCIAL SERVICES INC
243.25
363509
02/08/2018
BRADFORD PLACE HOA
176.69
363510
02/08/2018
KONICA MINOLTA BUSINESS SOLUTIONS
66.92
363511
02/08/2018
ALLAN D KELLERMAN
7,750.00
363512
02/08/2018
QUI.KRETE HOLDINGS INC
1,545.00
363513
02/08/2018
ENVIRONMENTAL OPERATING SOLUSTIONS INC
9,404.40
363514
02/08/2018
STUART RUBBER STAMP & SIGN CO INC
247.76
363515
02/08/2018
CORE & MAIN LP
17,734.67
363516
02/08/2018
ERIC SKALA
126.00
363517
02/08/2018
MC DERMOTT WILL & EMERY LLP
10,000.00
363518
02/08/2018
ADIDAS AMERICA INC
3,655.80
363519
02/08/2018
NANCY BAKER
72.01
363520
02/08/2018
CROSSROADS CHRISTIAN FELLOWSHIP
100.00
363521
02/08/2018
THERNELL MILLS
162.00
363522
02/08/2018
LGS FOOTBALL & BASKETBALL LLC
1,250.00
363523
02/08/2018
DANIEL R DUMONT
41.00
363524
02/08/2018
LEGEND LAKES HOA OF VERO BEACH
150.00
363525
02/08/2018
NADINE VINCENT
150.00
363526
02/08/2018
SPECIAL OLYMPICS FLORIDA -INDIAN RIVER COUNTY
500.00
363527
02/08/2018
UTIL REFUNDS
72.43
363528
02/08/2018
UTIL REFUNDS
41.18
363529
02/08/2018
UTIL REFUNDS
32.65
363530
02/08/2018
UTIL REFUNDS
78.94
363531
02/08/2018
UTIL REFUNDS
43.93
363532
02/08/2018
UTIL REFUNDS
10.20
363533
02/08/2018
UTIL REFUNDS
22.41
363534
02/08/2018
UTIL REFUNDS
5 1. 18
363535
02/08/2018
UTIL. REFUNDS
14.80
363536
02/08/2018
UTI]. REFUNDS
5.16
363537
02/08/2018
UTIL REFUNDS
48.74
363538
02/08/2018
UTIL REFUNDS
28.01
363539
02/08/2018
UTIL REFUNDS
127.76
363540
02/08/2018
UTIL REFUNDS
27.22
363541
02108/2018
UTIL REFUNDS
72.79
363542
02/08/2018
UTIL REFUNDS
88.77
9
.r
4
10
TRANS NBR
DATE
VENDOR
AMOUNT
363543
02/08/2018
UTIL REFUNDS
72.44
363544
02/08/2018
UTIL REFUNDS
24.42
363545
02/08/2018
UTIL REFUNDS
47.95
363546
02/08/2018
UTIL REFUNDS
141.20
363547
02/08/2018
UTIL REFUNDS
44.80
363548
02/08/2018
UTIL REFUNDS
36.91
363549
02/08/2018
UTIL REFUNDS
50.00
363550
02/08/2018
UTIL REFUNDS
21.08
363551
02/08/2018
UTIL REFUNDS
63.68
363552
02/08/2018
UTIL REFUNDS
88.77
363553
02/08/2018
UTIL REFUNDS
74.77
363554
02/08/2018
UTIL REFUNDS
79.90
363555
02/08/2018
UTIL REFUNDS
48.03
363556
02/08/2018
UTIL REFUNDS
35.74
363557
02/08/2018
UTIL REFUNDS
16.23
363558
02/08/2018
UTIL. REFUNDS
25.68
363559
02/08/2018
UTIL REFUNDS
79.57
363560
02/08/2018
UTIL REFUNDS
60.52
363561
02/08/2018
UTIL REFUNDS
16.31
363562
02/08/2018
UTIL REFUNDS
295.07
363563
02/08/2018
UTIL REFUNDS
340.73
363564
02/08/2018
UTIL REFUNDS
35.92
363565
02/08/2018
UTIL REFUNDS
62.06
363566
02/08/2018
UTIL REFUNDS
79.04
363567
02/08/2018
UTIL REFUNDS
39.12
363568
02/08/2018
UTIL REFUNDS
4096
363569
02/08/2018
UTIL REFUNDS
51.59
363570
02/08/2018
UTIL REFUNDS
1.25
363571
02/08/2018
ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY IT 469.00
Grand Total:
553,173.82
4
10
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1012782
02/02/2018
AT&T
16,283.54
1012783
02/02/2018
OFFICE DEPOT BSD CUSTOMER SVC
1,332.66
1012784
02/02/2018
COMCAST
55.98
1012785
02/05/2018
ADRON FENCE COMPANY INC
2,261.00
1012786
02/05/2018
EVERGLADES FARM EQUIPMENT CO INC
1,002.59
1012787
02/05/2018
COLKITT SHEET METAL & A/C INC
428.00
1012788
02/0512018
NORTH SOUTH SUPPLY INC
151.41
1012789
02/05/2018
COLD AIR DISTRIBUTORS WAREHOUSE
56.54
1012790
02/05/2018
INDIAN RIVER BATTERY
212.90
1012791
02/05/2018
MIKES GARAGE & WRECKER SERVICE INC
364.00
1012792
02/05/2018
APPLE INDUSTRIAL SUPPLY CO
508.04
1012793
02/05/2018
ALLIED UNIVERSAL CORP
7,608.44
1012794
02/05/2018
IRRIGATION CONSULTANTS UNLIMITED INC
182.30
1012795
02/05/2018
RECORDED BOOKS LLC
272.20
1012796
02/05/2018
SOUTHERN COMPUTER WAREHOUSE
7,683.87
1012797
02/05/2018
APPLE MACHINE & SUPPLY CO
548.56
1012798
02/05/2018
HD SUPPLY FACILITIES .MAINTENANCE 1:1713
100.85
1012799
02/05/2018
COMPLETE ELECTRIC INC
434.17
1012800
02/05/2018
MIDWEST MOTOR SUPPLY CO
534.47
1012801
02/05/2018
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
191.51
1012802
02/05/2018
SIMS CRANE & EQUIPMENT CO
1,840.40
1012803
02/050-018
BENNETT AUTO SUPPLY .INC
17.95
1012804
02/05/2018
AUTO PARTNERS LLC
255.48
1012805
02/05/2018
FPS OFFICE SOLUTIONS LLC
115.00
1012806
02/06/2018
AT&T
3,992.17
1012807
02/06/2018
OFFICE DEPOT BSD CUSTOMER SVC
1.993.18
1012808
02/06/2018
WASTE MANAGEMENT INC
2.324.09
1012809
02/06/2018
COMCAST
113.49
1012810
02/06/2018
POLYDYNE INC
2,576.00
1012811
02/06/2018
BR I DGESTONE GOLF INC
2.667.83
1012812
02/07/2018
INDIAN RIVER OXYGEN INC
3,157.50
1012813
02/07/2018
GALLS LLC
199.58
1012814
02/07/2018
SOUTHERN JANITOR SUPPLY INC
1,315.95
1012815
02/07/2018
WRIG14T FASTENER_ COMPANY LLC
360.00
10128.16
02/08/20.18
PARKS RENTAL & SALES INC
3.14.11
1012817
02/08/2018
COPYCOINC
227.02
1012818
02/08/2018
INDIAN RIVER OXYGEN INC
212.50
1012819
02/08/2018
IRRIGATION CONSULTANTS UNLIMITED INC
9.36
1012820
02/08/2018
GROVE WELDERS INC
20.25
1012821
02/08/2018
THYSSENKRUPP ELEVATOR
594.00
1012822
02/08/2018
SHRIEVE CHEMICAL CO
2,309.56
1012823
02/08/2018
SOUTHERN JANITOR SUPPLY INC
21488.16
1012824
02/08/2018
METRO FIRE PROTECTION SERVICES INC
231.00
1012825
02/08/2018
L&L DISTRIBUTORS
392.92
1012826
02/08/2018
HYDRA SERVICE (S) INC
6,625.74
Grand Total:
74,566.27
11
TRANS NBR
5709
5710
5711
5712
5713
5714
5715
Grand Total:
ELECTRONIC PAYMENTS - WIRE & ACH
DATE
02/05/2018
02/06/2018
02/06/2018
02/06/2018
02/06/2018
02/06/2018
02/07/2018
VENDOR
AMOUNT
FL RETIREMENT SYSTEM
633,281.47
CITY OF FELLSMERE
6,066.88
FIDELITY SECURITY LIFE .INSURANCE COMPANY
2,955.36
AMERICAN FAMILY LIFE ASSURANCE CO
18,399.54
ALLSTATE .
292.22
COLONIAL LIFE & ACCIDENT ,INS CO
21.24
ATLANTIC COASTAL LAND TITLE CO .LLC
20,726.50
681,743.21
12
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 27th Street
Vero Beach, FL 32960
Telephone: (772) 226-1945
TO: Board of County Commissioners
FROM: Elissa Nagy, Finance Director
THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
DATE: February 9, 2018
GOMpTR
" n ax
0
`FR COUNtr
SUBJECT: Dori Slosberg Driver Education Safety Act
Indian River County Traffic Education Program Trust Fund Report
Cumulative Reporting Through 12/31/17
BACKGROUND
On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating
the Indian River County Traffic Education Program Trust Fund (our Fund 137). This ordinance authorized
a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006,
the Board adopted Ordinance 2006-035 to repeal this fine.
Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to
$5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each
civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund
driver education programs in public and nonpublic schools".
Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee
(October 1, 2002) and includes the new $5 fee commencing in March 2015. As of December 31, 2017, the
balance in the Fund is $77,820.
The Clerk's office will continue to provide a quarterly report of the traffic education trust activity.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached report.
13
REVENUES
Fines and forfeitures
Interest
Total Revenues
EXPENDITURES
Public Safety
Total Expenditures
Net change in fund balances
Fund balances at beginning of year
Fund balances at end of year
Indian River County, Florida
Statement of Revenues, Expenditures and Changes in Fund Balances
Traffic Education Program
FY2003-2011
10/01/2002-
9/30/2011
FY2012
10/01/2011-
9/30/2012
FY2013
10/0112012-
9/30/2013
FY2014
10101/2013-
9/30/2014
FY2015
10/01/2014-
9/30/2015
FY2016
10/01/2015-
9/30/2016
FY2017
10/01/2016-
9/30/2017
YTD FY2018
10/01/2017-
12/31/2017
Inception
to Date
Totals
$ 187,719
26,242
$ 213
104
$ 36
70
$ 15
28
$ 31,987
59
$ 64,510
264
$ 65,282
377
$ 8,244
-
213,961
317
106
43
32,046
64,774
65,659
8,244
385,150
178,615
8,900
12,460
6,675
6,230
60,000
34,450
-
178,615
8,900
12,460
6,675
6,230
60,000
34,450
307,330
35,346
-
(8,583)
35,346
(12,354)
26,763
(6,632)
14,409
25,816
7,777
4,774
33,593
31,209
38,367
8,244
69,576
35,346
26,763
14,409
7,777
33,593
38,367
69,576
77,820
77,820
School District of Indian River County
St. Edwards School
Total Disbursed to Date
$ 184,510
$ 122,820
$ 307,330
14_
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 2711 Street
Vero Beach, FL 32960
Telephone: (772) 226-1945
TO: Board of County Commissioners
FROM: Elissa Nagy, Finance Director
THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
DATE: January 26; 2018
GOMp R-7, •
O
cour4"
SUBJECT: Quarterly Investment Report for Quarter Ending 12/31/2017
BACKGROUND
Attached to this memorandum is the composition of the investment portfolio and investment
earnings for the first quarter of this fiscal year. This report was reviewed by our investment
advisory committee on January 25, 2018.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached Quarterly
Investment .Report.
15
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 271 Street
Vero Beach, FL 32960
Telephone: (772) 226-194
Indian River County Investment Advisory Committee
Quarterly Investment Report
October 1, 2017 through December 31, 2017
INVESTMENT POLICY
In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an
Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy
states the primary objectives of investment activities are to preserve capital and to provide sufficient
liquidity to meet the cash flow needs of the county. Investment .returns are secondary to the requirements
for safety and liquidity.
INVESTMENT ADVISORY COMMITTEE
An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities,
evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of
the Clerk of the Circuit Court, Finance Director, Internal Auditor, Budget Director, and three qualified
citizens with investment or financial management expertise. The individuals who have agreed to serve are:
David W. Griffis, Founding Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager
with Cypress Capital Group; Andy Beindorf, Market President of National Bank of Commerce.
AUTHORIZED INVESTMENTS
As permitted by the Investment Policy, surplus funds were invested only in the following types of
investments:
Federal Farm Credit Banks bonds and discount notes (FFCB),
Federal Home Loan Banks bonds and discount notes (FHLB),
Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC),
Federal National Mortgage Association bonds and discount notes (FNMA),
Treasury Notes and Bills,
Florida Local Government Investment Trust (FLGIT),
Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act
as provided in F.S. 163.01,
Certificates of Deposit (CDs),
Money Market Funds,
Repurchase Agreements.
BOND PROCEEDS INVESTMENT
The current water and sewer bond reserve is placed with Bank of New York/Mellon and is currently
invested in treasury notes.
16
INVESTMENT ACTIVITY
As of December 31, 2017 the investments portfolio book value was $409,459,269 with a market value of
$408,732,036.
Of the $409,459,269 portfolio total, $326,192,969 is restricted for the following purposes:
$ 79,780,612
Special revenue projects
$ 7,702,131
Debt payments for county bonds
$ 76,704,638
Capital projects
$ 1572858,392
Business -type activities
$ 4,147,196
Escrow Funds
$ 326;192,969
TOTAL
RESTRICTED CASH BY FUND TYPE
(PERCENTAGES)
The weighted average maturity of the investments as of December 31, 2017 is 14 months. Yields
on the individual investments ranged from 0.63% to 1.83%. The overall average yield for the
quarter was 1.0 1 %.
Information on investment activity, total cash flows, interest earnings, and charts providing
additional information regarding the investment of surplus funds such as the portfolio composition
and maturity distribution are attached.
The attached schedules list the portfolio composition and activity for the quarter ending
December 31, 2017:
Schedule I Portfolio sorted by type of debt instrument
Schedule 2 Portfolio sorted by maturity date
Schedule 3 Portfolio by maturity date bar graph
Schedule 4 Portfolio by type pie chart
Schedule 5 Investment purchases, calls and maturities for the quarter
Schedule 6 Summary of cash flows and balances by month
Schedule 7 Interest earnings summary
Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances)
17
Special
Escrow
Revenue
1%
25%
Debt
Service
2%
Business-
Capital
Type
Projects
48%
24%
The weighted average maturity of the investments as of December 31, 2017 is 14 months. Yields
on the individual investments ranged from 0.63% to 1.83%. The overall average yield for the
quarter was 1.0 1 %.
Information on investment activity, total cash flows, interest earnings, and charts providing
additional information regarding the investment of surplus funds such as the portfolio composition
and maturity distribution are attached.
The attached schedules list the portfolio composition and activity for the quarter ending
December 31, 2017:
Schedule I Portfolio sorted by type of debt instrument
Schedule 2 Portfolio sorted by maturity date
Schedule 3 Portfolio by maturity date bar graph
Schedule 4 Portfolio by type pie chart
Schedule 5 Investment purchases, calls and maturities for the quarter
Schedule 6 Summary of cash flows and balances by month
Schedule 7 Interest earnings summary
Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances)
17
Schedule 1
Indian River County, Florida
Board of County Commissioners
Investments By Type
December 31, 2017
W.,
1of2
12/31/17
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Portfolio
Investment Type
CUsIP
Yield
Date
Date
Maturity
Maturity
Par Amount
Book Value
%
FFC8 Bullet
3133EFZR19
0.800%
02/12/16
02/12/18
0.12
0.800%
$ 2,000,000,00
$
2,000,000.00
FFCBCallable
3133EFMUS
01950%
02/11/16
05/02/18
0.33
0.950%
$ 2,000,000.00
S
2,000,000.00
FFCBCallable
3133EGUXI
0,940%
09/20/16
06/20/18
0.47
0.940%
$ 2000,000.00
S
2,000,000.00
FFCB Callable
3133EGM05
0.880%
07/18/16
07/18/18
0.55
0.880%
S 2,0001000.00
$
2,000,000.00
FFCB Callable
3133EGTHS
1.03031
09/06/16
09/06/18
0.68
1.030%
$ Z,000,000.00
$
2,000,000.00
FFC$Catlable
3133EGFXS
1.0101A
06/20115
09/20/18
0.72
1.010%
$ 2,000,000.00
$
2,000,000.00
FFCSCallabie
3133EGA70
0.970%
11/01/16
11/01/18
0.93
0.970%
$ 2,000,000.00
$
2,000,000.00
FFCB Callable
3133EGA96
1.070%
11/28/17
05/01/19
133
1.615%
$ 2,000,000.00
$
1,984,700.00
FFCBCallable
3133EHLUS
1.390%
06/05/17
06/05/19
1.43
1.390%
$ 2,000,000.00
$
2,000,000.00
FFCB Bullet
3133EHMR1
1.375%
06/12/17
06/12/19
1.45
1.375%
$ 2,000,000.00
$
2,000,000.00
FFCBCallable
3133EG1X4
1.080%
03/31/17
07/05/19
1.51
1.481%
$ 2,000,000,00
S
1,982,200.00
FFC8 Bullet
3133EHUX7
1.400%
08/14/17
08/14/19
1.62
1.400%
$ 2,000,000.00
$
2,000,000.00
FFCBCallabie
3133EGXK6
1.120%
12/21/17
10/11/19
1.78
1.946%
S 2,000,000.00
$
1,970.800.00
FFCB Callable
3133EGA62
1.160%
11/30/17
11/01/19
1.84
1.866%
$ 2,0001000.00
$
1,973,500.00
FFCBCallable
3133EGJVS
1.200%
12/08/17
01/06/20
2.02
1.955%
$ 2,000,000.00
$
1,969,400.00
FFCBCaltable
3133EHR70
1.740%
11/14/17
02/14/20
2.12
1.740%
S 2,000,000.00
S
2,000,000.00
FFCB Callable
3133EGAES
1.360%
12/21/17
02/18120
2,13
1.991%
S 3,000,000.00
S
2,960,160.00
FFC8 Callable
3133EHLX2
1.50046
10/23/17
03/05/20
2.18
1.716%
S 7,000,000.00
$
1,990,000.00
FFCB Callable
3133EHT78
1.830%
12/21/17
05/20/20
2.39
2.013%
5 3,000,OOO.00
S
2,987,040.00
$ 40,000,000,00
S
39,817,900.00
9,78%
FHLB Bullet
3130A70X7
0.875%
12/09/16
03/19/18
0.21
1.000%
S 3,000,000.00
S
2,995,284.00
FHLB Callable
313OA7DB8
1,000%
02/26/16
06/04/18
0.42
1.000%
$ 31000,000.00
$
3,000,000.00
FHLB Callable
3130ABPZO
0.840%
07/12/16
07/12/18
0.53
0.940%
S 2,000,OOD.00
S
2,000,000.00
FHLB Bullet
3130ABPX3
0.625%
07/14/16
08/07/18
0.60
0.770%
$ 2,000,000.00
$
1,994,000.00
FHLB Callable
3130A9C90
1.050%
09/28/16
09/28/18
0.74
1.050%
$ 3,000,000.00
S
3,000,000.00
FHLB Bullet
3130A9AE3
0.875%
12/12/16
10/01/18
0.7$
1.142%
$ 3,000,000.00
$
2,985,750.00
FHLB Callable
3130A9N810
1.000%
10/11/16
10/11/18
0.79
LOW%
$ 2,00,000.00
$
2,000,000.00
FHLB Bullet
3130AAE46
1150%
08/31/17
01/16/19
1.04
1.321%
5 2,000,000.00
$
1,998,060.00
FHLB Bullet
3133782M2
1500%
11/28/17
03/08/19
136
1.712%
$ 2,000,000.00
5
1,994,640.00
FHLB Callable
3130AAW79
1.350%
03/21/17
03/20/19
1.22
1.414%
S 3,000,000.00
5
2,996,250.00
FHLB Butlet
3130ABDXIS
1.400%
05/24/17
OS/24/19
1.39
1.425%
S 2,000,00000
$
1,999,000.00
FHLB Bullet
3130ASD86
1.125%
03/08/17
06/21/19
1.47
1.467%
$ 31000000.00
$
2,976,999.00
FHLB Bullet
3130AB2GO
1.400%
03/31/17
06/27/19
1.49
1.416%
$ 2,000,000.00
$
1,999,312.00
FHLB Bullet
3130ASRS76
1.460%
07/12/17
07/12/19
1.53
1.460%
$ 2,004,000.00
$
2,000,000.00
FHLB •1%Call
3130ABB21
1.375%
05/12/17
07/26/19
1.57
1.375%
$ 2,000,000,00
$
2,000,000.00
FHLB Callable
3130ABWXO
SSOM
08/22/17
08/22/19
1.64
1.500%
$ 2,000,000.00
$
2,000,000.00
FHLB Bullet
313OA9EP2
1.0009E
05/10/17
09/26/19
1.74
1.436%
$ 2,000,000.00
$
1,979,660.00
FHLB Bullet
313OA9EP2
LOOM
05/11/17
09/26/19
1.74
1.435%
$ 2„000,000.00
$
1,979,750.00
FHLB Bullet
3130ABTD89
1.450%
07/18/17
10/18/19
1.80
1.450%
S 2,000,000.00
$
2.000,000.00
FHLB Bullet
3130AA3R7
1.375%
06/30/17
11/15119
1.87
1.433%
S 2,000,000.00
S
1,997,300.00
FHLB -1X Call
3130ACN83
1.700%
11/21/17
05/15/20
2.37
1.869%
S 2,000,600.00
$
1,991,800.00
FHLB Callable
3130ABNQS
1.625%
12/08/17
06/26/20
2.49
1.907%
S 2,0001000.00
$
1,986,000.00
$ 50,000,000.00
$
49,873,805.00
12.24%
FHLMC Bullet
3137EADN69
0.750%
03/02/16
01/12/18
0.03
0.886%
5 3,000,000.00
S
2,992,500.00
FHLMCCallable
3137EADP1
0.875%
03/17/16
03/07118
0.19
1.019%
$ 2,000,000.00
S
1,994,380.00
FHLMC Bullet
3137FAEA3
0.750%
05/17/16
04/09/18
0.27
0.863%
$ 5,000,000.00
S
2,993,619.00
FHLMCCallable
3134G8XH7
1.000%
12/12/16
04/27/18
0.32
1.026%
$ 3,000,000.00
$
2,998,950.00
FHLMCCallable
3134G91DO
1.000%
05/11/16
OS/11/18
0.36
1.000%
$ 2,000,000.00
S
2,000,000.00
FHLMCCallable
3134G9KUO
1.000%
06/02/16
05/25/18
0.40
1.041%
$ 3,000,000.00
S
2,997,600,00
FHLMCCallablc
3134GAGM.O
1.040%
12/12/16
08/24/18
0.65
1.040%
$ 3,000,000.00
S
3,000,000.00
FHLMCCallable
3134GADR2
1.010%
08/30/16
08/28/18
0.66
1.010%
$ 2,000,000.00
S
2,000,000.00
FHLMCCaltable
3134GAVW1
1.050%
12/28/16
11/07/18
0.85
1.285%
$ 3,000,000.00
S
2,987,100.00
FHLMC Callable
3134GAW26
1.400%
02/28/17
02/25/19
1.15
1.400%
$ 2,000,000.00
$
2,000,000.00
FHLMC Bullet
3137EADZ99
1.125%
03/008/17
64/15/19
1.29
1.422%
S 3,000,000.00
$
2,981,619.00
FHLMC- 1X Call
3134GSEG3
1.410%
04/26/17
04/26/19
1.32
1.410%
$ 2,000,000.00
S
2,000,000.00
FHLMCCallable
3134GAXBS
1.125%
08/29/17
65/28/19
1.41
1.343%
S 2,000,000.00
S
1,992,500.00
FHLMC Bullet
3137EADG1
1.750%
12/06/17
05/30/19
1.41
1.789%
$ 3,000,000.00
5
2,998,290.00
FHLMC Bullet
3137EAES13
0.875%
03/31/17
07/19/19
155
1.394%
5 4000,000.00
5
1,976,578.00
FHLMC Bullet
3137EADK2
1.250%
03/30/17
08/01/19
1.58
1.402%
$ 3,000,000.00
$
2,989560.00
FHLMCCallable
3134GA7A6
1.500%
05/11/19
09/09/19
1.69
1.500%
S 2,000,000.00
$
2,000,000.00
FHLMC Bullet
3137EAOMB
1.250%
05/04/17
10/02/19
1.75
1.451%
$ 3,000,000.00
S
2,985,780.00
FHLMCCallable
3134GBEB4
1.700%
11/21/17
03/27/20
2.22
1.776%
$ 2,000000.00
$
1,977,300.00
FHLMC Bullet
3137EAEF2
1.375%
11/21/17
04/20/20
2.30
1.858%
S 2,000,000.00
$
1,996,500.00
FHLMCCaOable
3134GBQ88
1.750%
10/30/17
04/30/20
2.33
1.750%
$ 2,000,000.00
$
2,000,000.00
FHLMC Bullet
3137EADR7
1.375%
11/21/17
5/1/2020
2.33
1.823%
S 2,000,000.00
S
1,978,660.00
$ 54,000,000.00
S
53,940,936.00
13.22%
FNMA Bullet
313SGOTGE
0.875%
01/20/16
02108/18
0.11
0.929%
$ 2,000,000.00
$
1,997,800.00
FNMA Bullet
3135GOH63
1375%
12/06/17
01/28119
Los
1.699%
$ 3,000,000.00
S
2,999,020,00
FNMA Bullet
3136G1GV56
1.250%
06105/17
03/25/19
1.23
1.304%
$ 2,000,000.00
S
1,998,070.00
FNMA Bullet
3135GOP49
1.000%
05/05/17
08/28/19
1.66
1.442%
5 2,000,000.00
S
1,979,946.00
FNMACallable
3135GOPS6
1.250%
11/30/17
09/20/19
1.72
1.842%
5 2,000,000.00
S
1,979,060.00
FNMA Bullet
3135GOR39
1.000%
06/30/17
10/24/19
1.81
1.425%
S 2,000,000.00
S
1,980,694.00
FNMA Bullet
3135GOA78
1.625%
12/08/17
01/21/20
2.06
1.862%
$ 3,000,000.00
S
2,985,270.00
FNMA Bullet
3135GOT29
1.500%
10/23/17
02/28/20
2.16
1.688%
S 2,000,000.00
S
1,991,360.00
FNMACaIIable
3136G4LQ4
1.750%
12/08/17
05/28/20
241
1.975%
S 3,000,000.00
S
2,991,000.00
$ 21,000,000.00
S
20,892,220.00
5.13%
W.,
1of2
Schedule 1
Indian River County, Florida
Board of County Commissioners
Investments By Type
December 31, 2017
Restricted Cash - Housing Account $367,442.01
Total Portfolio $409,459,268.72
Note: See separate investment report for OPES funds.
19
2ef2
12/31/17
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Portfolio
Investment Type CUSIP
Yield
Date
Date
Maturity
Maturity
Par Amount
Book Value
%
Treasury Note 91282SP20
0.750%
11/18/16
01/31/18
0.08
0.850%
5 3,000,000.00
$
2,996,430.00
Treasury Note 912828UR9
0.750%
03/31/16
02/28/18
0.16
0.750%
S 2,000,000.00
5
2,000,000.00
Treasury Note 912828UR9
0.750%
12/04/15
02/28/18
0.16
1.004%
$ . 3,000,000.00
$
2,983,140.00
Treasury Note 91282a168
1.000%
12/04/15
03/1S/18
0.20
1.055%
S 3,000,000.00
S
2,996,250.00
Treasury Note 912828UU2
0.750%
03/31/16
03/31/18
o.25
0.753%
$ 2,000,000.00
$
1,999,900.00
TreasuryNote 912828UU2
0.750%
12/04/15
03/31/18
0.25
1.050%
S 3,000,000.00
5
2,979,390.00
Treasury Note 91292SK25
0.750%
12/07/15
04/15/18
0.29
1.070%
$ 3,000,000.00
$
2,977,710.00
Treasury Note 91282SUZI
0.625%
03/31/16
04/30/18
0.33
0.769%
$ 2,000,000.00
S
1,994,060.00
Treasury Note 912828UZ1
0.625%
02/18/16
04/30/18
0.33
0.780%
S 3,000,000.00
5
2,989,882.50
Treasury Note 912828XA3
1.000%
11/30/15
05/15/18
0.37
1.090%
$ 3,000,000.00
$
2,993,430.00
Treasury Note 9128281151
0.875%
11/18/16
05/31/18
0.41
0.947%
$ 3,000,000.00
$
2,996,718.75
Treasury Note 912828XF2
1.125%
12/16/16
06/15/18
OAS
1.132%
$ 2,000,000.00
$
1,999,780.00
Treasury Note 91282SR43
0.625%
12/09/16
06/30/18
0.50
0.999%
$ 3,000,000.00
$
2,982,660.00
Treasury Note 912828893
0.625%
11/18/16
06/30/18
0.50
0.952%
$ 3,000,000.00
S
2,984,296.88
TreasuryNote 91282SXKI
0.875%
12/16/16
07/15/18
0.54
1.162%
S 2,000,000.00
S
1,991,020.00
Treasury Note 912828568
0.750%
12/09/16
07/31/18
0.58
1.038%
$ 2,000,000.00
S
1,990,625.00
Treasury Note 912828563
0.750%
11/30/16
07/31/18
0.58
1.048%
S 3,000,000.00
$
4985,234.38
Treasury Note 912828KS2
1.000%
12/12/16
08/15/18
0.62
L075%
$ 3,000,000.00
$
2,996,250.00
Treasury Note 912828203
0.750%
12/09/16
08/31/18
0.67
1.057%
S 2,000,000.00
$
1,989,540.00
Treasury Note 912828203
0.750%
11/30/16
08/31/18
0.67
1066%
S 31000,000.00
$
2,983,590.00
Treasury Note 91282BL40
1.000%
11/30/16
09/15/18
0.71
1.080%
$ 3,000,000.00
S
2,995,770.00
Treasury Note 912828742
0.750%
12/09/16
09/30/18
0.75
1.078%
$ 3,000,000.00
$
2,982,420.00
Treasury Note 9128281.815
0.875%
11/30/16
10/15/18
0.79
1.080%
5 3,000,000.00
$
2,988,633.00
Treasury Note 912828783
0.750%
12/09/16
10/31/18
0.83
1.093%
$ 3,000,000.00
$
2,980,800.00
Treasury Note 912828W97
1.250%
09/14/17
03/31/19
1.25
1.332%
S 2,000,000.00
S
1,997,500.00
Treasury Note 91282SR44
0.875%
08/29/17
05/15/19
1.37
1.273%
5 2,000,000.00
$
1,986,562.50
Treasury Note 912828WSS
1.625%
11/30/17
06/30/19
1.50
1.728%
S 3,000,000.00
5
2,995,200.00
Treasury Note 912S28TC4
1.000%
09/14/17
06/30/19
1.50
1.336%
5 3,000,000.00
$
2,982,187.50
Treasury Note 91828282KS
1.375%
12/01/17
07/31/19
1.58
1.817%
$ 3,000,000.00
$
2,978,906.25
Treasury Note 912828080
1.625%
11/30/17
08/31/19
1.61
1.752%
5 3,000,000.00
$
2,993,437.50
Treasury Note 91282SF62
1500%
12/12/17
10/31/19
1,63
1.797%
$ 3,000,000.00
$
2,983,560.00
Treasury Note 91282SV31
1.37S%
12/18/17
01/15/20
2.04
1.845%
$ 3,000,000.00
5
2,971,406.25
Treasury Note 91282SW63
1.625%
12/12/17
03/15/20
2.21
1.845%
S 3,000,000.00
$
2,985,420.00
Treasury Note 912828X21
1.500%
12/12/17
04/15/20
2.29
1.857%
5 3,000,000,00
$
2,975,SBO.00
S 93,0110,000.00
S
92,607,200.51
22.74%
Regions Bank Money Market
526,441,210.29
6.49%
Regions Bank Lockbox Accounts
$4,929,963.33
1.21%
TO Bank Checking Account
$28,921,640.29
7.10%
Wells Fargo Bank Checking Account
52,225,614.58
0.55%
BankUnded Money Market
538,641,731.83
9.49%
Harbor Community Bank CD
0.650%
02/04/16
02104118
0.10
$3,101,56612
0.76%
National Bank of Commerce CO
0.850%
05/11/17
05/11/16
036
$6,105,322.07
1.50%
Oculina Bank CD
0.880%
04/23/16
04/26/18
0.32
52,029,864.78
0.50%
Valley National Bank Government Interest Checking
$15,045,037.06
3.68%
Marine Bank Business Money Market
S5,002.055.18
1.23%
Total General Cash & Equivalents - Unrestricted
$389,466,057.64
Restricted Cash -Bond Covenants (held by BNY/Mellon)
Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve
$27,002.86
Treasury Note 91282BR93
0.625%
06/30/16
06/30/18
0.50
0.745%
$1,490,000.00
$1,473,872.80
Treasury Note 91282SU40
1,000%
11/30/16
11/30/18
0.92
1.085%
$1,030,000.00
51,022,676.70
Treasury Note 912828XV77
1.250%
06/30/17
06/30/19
1.50
1.345%
$1,630,000.00
$1,595,719.30
Total Restricted Bond Reserve - adjusted for fair market value
$4,119,271.66
1.01%
Restricted Cash - Landfill
FACC-Florida Local Govt Investment Trust -Landfill Closure & Postclosure Reserves
- adjusted for fair mkt value
S
13,724,448.83
3.37%
Total Pooled Cash & Equivalents
$407,309,778.13
100.00%
Restricted Cash - Health Insurance
TO Bank - BCBS Claims Account
51,698,048.58
Citibank - BCBS Imprest Acct
$84,000.00
Total Restricted Cash - Health Insurance
$1,782,048.58
Restricted Cash - Housing Account $367,442.01
Total Portfolio $409,459,268.72
Note: See separate investment report for OPES funds.
19
2ef2
Schedule 2
Indian
River County,
Florida
Board of
County Commissioners
Investment By Maturity
Date
December 31, 2017
12/31/17
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Investment Type
CUSIP
Yield
Date
Date
Maturity
Maturity
Par Amount
Book Value
Mo Cash Flow
FHLMC Bullet
3137EADN69
0.750%
03/02/16
01/12/18
0.03
0.886%
5 3,000,000.00
S
2,992,500.00
Treasury Note
912828P20
0.750%
11/18/16
01/31/18
0.08
0.850%
$ 3,000,000.00
S
2,996,430.00
$ 6,000,000.00
FNMA Bullet
3135GOTG8
0.875%
01/20/16
02/08/18
0.11
0.929%
$ 2,000,000.00
S
1,997,800.00
FFC8 Bullet
3133EFZR19
0.800%
02/12/16
02/12/18
0.12
0.800%
$ 2,000,000.00
5
2,000,000.00
Treasury Note
912828UR9
0.750%
03/31/16
02/28/18
0.16
0.750%
$ 2,000,000.00
S
2,000,000.00
Treasury Note
912828UR9
0.750%
12/04/15
02/28/18
0.16
1.004%
S 3,000,000.00
$
2,983,140.00
$ 9,000,000.00
FHLMC
3137EADP1
0.875%
03/17/16
03/07/18
0.18
1.019%
$ 2,000,000.00
$
1,994,380.00
Treasury Note
91282SJ68
1.000%
12/04/15
03/15/18
0.20
1.055%
5 3,000,000.00
5
2,996,250.00
FHLB Bullet
313OA7CX1
0.875%
12/12/16
03/19/18
0.21
1.000%
$ 3,000,000.00
$
2,995,284.00
Treasury Note
912828UU2
0.750%
03/31/16
03/31/18
0.25
0.753%
S 2,000,000.00
$
1,999,900.00
Treasury Note
912828UU2
0.750%
12/04/15
03/31/18
0.25
1.050%
5 3,000,000.00
$
2,979,390.00
$ 13,000,000.00
FHLMC Bullet
3137EAEA3
0.750%
05/17/16
04/09/18
0.27
0.863%
$ 3,000,000.00
$
2,993,619.00
Treasury Note
912828K25
0.750%
12/07/15
04/15/18
0.29
1.070%
5 3,000,000.00
S
2,977,710.00
FHLMC Callable
3134G8XH7
1.000%
12/12/16
04/27/18
0.32
1.026%
$ 3,000,000.00
S
2,998,950.00
Treasury Note
91282SUZ1
0.625%
03/31/16
04/30/18
0.33
0.769%
$ 2,000,000.00
$
1,994,060.00
Treasury Note
91282BUZ1
0.625%
02/18/16
04/30/18
0.33
0.780%
5 3,000,000.00
$
2,989,882.50
$ 14,000,000.00
FFCB Callable
3133EFMUB
0.950%
02/11/16
05/02/18
0.33
0.950%
$ 2,000,000.00
5
2,000,000.00
FHLMC Callable
3134G9JDO
1.000%
05/11/16
05/11/18
0.36
1.000%
$ 2,000,000.00
S
2,000,000.00
Treasury Note
912828XA3
1.000%
11/30/15
05/15/18
0.37
1.090%
$ 3,000,000.00
S
2,993,430.00
FHLMC Callable
3134G9KUO
1.000%
06/02/16
05/25/18
0.40
1.041%
$ 3,000,000.00
$
2,997,600.00
Treasury Note
9128281151
0.875%
11/18/16
05/31/18
0.41
0.947%
$ 3,000,000.00
$
2,996,718.75
$ 13,000,000.00
FHLB Callable
313OA7DB8
1.000%
02/28/16
06/04/18
0.42
1.000%
$ 3,000,000.00
S
3,000,000.00
Treasury Note
912828XF2
1.125%
12/16/16
06/15/18
0.45
1.132%
$ 2,000,000.00
$
1,999,780.00
FFCB Callable
3133EGUX1
0.940%
09/20/16
06/20/18
0.47
0.940%
$ 2,000,000.00
$
2,000,000.00
Treasury Note
9128281193
0.625%
12/09/16
06/30/18
0.50
0.999%
5 3,000,000.00
5
2,982,660.00
Treasury Note
9128281193
0.625%
11/18/16
06/30/18
0.50
0.952%
$ 3,000,000.00
$
2,984,296.88
$ 13,000,000.00
FHLB Callable
313OA8PZO
0.840%
07/12/16
07/12/18
O.S3
0.840%
5 2,000,000.00
S
2,000,000.00
Treasury Note
912828XK1
0.875%
12/16/16
07/15/18
0.54
1.162%
$ 2,000,000.00
$
1,991,020.00
FFC8 Callable
3133EGMQS
0.880%
07/18/16
07/18/18
0.55
0.880%
$ 2,000,000.00
$
2,000,000.00
Treasury Note
912828568
0.750%
12/09/16
07/31/18
0.58
1.038%
S 2,000,000.00
$
1,990,625.00
Treasury Note
912828568
0.750%
11/30/16
07/31/18
0.58
1.048%
$ 3,000,000.00
$
2,985,234.38
$ 11,000,000.00
FHLB Bullet
313OA8PK3
0.625%
07/15/16
08/07/18
0.60
0.770%
S 2,000,000.00
S
1,994,000.00
Treasury Note
912828K82
1.000%
12/12/16
08/15/18
0.62
1.075%
$ 3,000,000.00
$
2,996,250.00
FHLMC Callable
3134GAGMO
1.040%
12/12/16
08/24/18
0.65
1.040%
5 3,000,000.00
5
3,000,000.00
FHLMC Callable
3134GADR2
1010%
08/30/16
08/28/18
0.66
1.010%
$ 2,000,000.00
$
2,000,000.00
Treasury Note
912828203
0.750%
12/09/16
08/31/18
0.67
1.057%
$ 2,000,000.00
$
1,989,540.00
Treasury Note
912828203
0.750%
11/30/16
08/31/18
0.67
1.066%
$ 3,000,000.00
S
2,983,590.00
5 15,000,000.00
FFC8 Callable
3133EGTHS
L030%
09/06/16
09/06/18
0.68
1.030%
$ 2,000,000.00
$
2,000,000.00
Treasury Note
912828140
1.000%
11/30/16
09/15/18
0.71
1.080%
$ 3,000,000.00
$
2,995,770.00
FFCB Callable
3133EGFXS
1.010%
06/20/16
09/20/18
0.72
1.010%
$ 2,000,000.00
S
2,000,000.00
FHLB Callable
313OA9C90
1.OSO%
09/28/16
09/28/18
0.74
1.050%
$ 3,000,000.00
$
3,000,000.00
Treasury Note
91282ST42
0.750%
12/09/16
09/30/18
0.75
1.078%
5 3,000,000.00
$
2,982,420.00
S 13,000,000.00
FHLB Bullet
313OA9AE1
0.875%
12/12/16
10/01/18
0.75
1.142%
$ 3,000,000.00
$
2,985,750.00
FHLB Callable
313OA9NHO
1.000%
10/11/16
10/11/18
0.78
1.000%
$ 2,000,000.00
$
2,000,000.00
Treasury Note
912828L815
0.875%
11/30/16
10/15/18
0.79
1.080%
$ 3,000,000.00
5
2,988,633.00
Treasury Note
912828T83
0.750%
12/09/16
10/31/18
0.83
1.093%
5 3,000,000.00
S
2,980,800.00
$ 11,000,000.00
FFCB Callable
3133EGA70
0.970%
11/03/16
11/01/18
0.84
0.970%
S 2,000,000.00
$
2,000.000.00
FHLMC Callable
3134GAVW1
1.050%
12/28/16
11/07/18
0.85
1.285%
$ 3,000,000.00
S
2,987,100.00
$ 5,000,000.00
FHL8 Bullet
3130AAE46
1.250%
08/31/17
01/16/19
1.04
1.321%
S 2,000,000.00
$
1,998,060.00
FNMA Bullet
3135GOH63
L375%
12/06/17
01/28/19
1.08
L699%
5 3,000,000.00
$
2,989,020.00
$ 5,000,000.00
FHLMC Callable
3134GAW26
1.400%
02/28/17
02/25/19
1.15
1.400%
S 2,000,000.00
S
2,000,00D.00
$ 2,000,000.00
FHLB Bullet
3133782M2
1.500%
11/28/17
03/08/19
1.18
1.712%
$ 2,000,000.00
$
1,994,640.00
FHLB Callable
3130AAW79
1.350%
03/21/17
03/20/19
1.22
1.414%
$ 3,000,000.00
$
2,996,250.00
FNMA Bullet
3136G1GV56
1.250%
06/05/17
03/25/19
1.23
1.304%
$ 2,000,000.00
$
1,998,070.00
Treasury Note
912828W97
1.250%
09/14/17
03/31/19
1.25
1.332%
$ 2,000,000.00
$
1,997,500.00
$ 9,000,000.00
FHLMC Bullet
3137EADZ99
1.125%
03/08/17
04/15/19
1.29
1.422%
$ 3,000,000.00
$
2,981,619.00
FHLMC -1X Call
3134GBEG3
1.410%
04/26/17
04/26/19
1.32
1.410%
S 2,000,000.00
$
2,000,000.00
$ 5,000,000.00
FFC8 Callable
3133EGA96
1.070%
11/28/17
05/01/19
1.33
1.615%
$ 2,000,000.00
$
1,984,700.00
Treasury Note
9128281144
0.875%
08/29/17
05/15/19
1.37
1.273%
$ 2,000,000.00
$
1,986,562.50
FHL8 Bullet
3130ABOXIB
1.400%
05/24/17
05/24/19
1.39
1.425%
$ 2,000,000.00
5
1,999,000.00
FHLMC Callable
3134GAXBS
1.125%
08/29/17
05/28/19
1.41
1.343%
$ 2,000,000.00
5
1,992,500.00
FHLMC Bullet
3137EADG1
1.750%
12/06/17
05/30/19
1.41
1.789%
S 3,000,000.00
5
2,998,290.00
$ 11,000,000.00
FFCB Callable
3133EHLU5
1.390%
06/05/17
06/05/19
1.43
1.390%
$ 2,000,000.00
S
2,000,000.00
FFCB Bullet
3133EHMR12
1.375%
06/12/17
06/12/19
1.45
1.375%
$ 2,000,000.00
$
2,000,000.00
FHLB Bullet
3130ASD86
1.125%
03/08/17
06/21/19
1.47
1.467%
$ 3,000,000.00
S
2,976,999.00
FHL8 Bullet
313OA82GO
1.400%
03/31/17
06/27/19
1.49
1.416%
$ 2,000,000.00
S
1,999,312.00
Treasury Note
912828WS5
1.625%
11/30/17
06/30/19
1.50
1.728%
S 3,000,000.00
5
2,995,200.00
Treasury Note
912828TC4
1.000%
09/14/17
06/30/19
1.50
1.336%
$ 3,000,000.00
$
2,982,187.50
$ 15,000,000.00
FFC8 Callable
3133EGJX4
1.080%
03/31/17
07/05/19
1.51
1.481%
$ 2,000,000.00
$
1,982,200.00
FHLB Bullet
3130ABRS76
1.460%
07/12/17
07/12/19
1.53
1.460%
$ 2,000,000.00
$
2,000,000.00
2�
FHLMC Bullet
3137FAEB13
0.875%
03/31/17
07/19/19
1.55
1.394%
$ 2,000,000.00
$
1,976,578.00
FHLB -1X Call
3130AS821
1.375%
05/12/17
07/26/19
1.9?2
1.375%
S 2,000,000.00
$
2,000,000.00
Schedule 2
Indian
River County, Florida
Board of County Commissioners
Investment By Maturity Date
December 31,
2017
12/31/17
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Investment Type CUSIP
Yield
Date
Date
Maturity
Maturity
Par Amount
Book Value
Mo Cash Flow
Treasury Note 9128282KS
1.375%
12/18/17
07/31/19
1.58
1.817%
$ 3,000,000.00
5
2,978,906.25
5 11,000,000.00
FHLMC Bullet 3137EADK2
1.250%
03/30/17
08/01/19
1.58
1.402%
5 3,000,000.00
$
2,989,560.00
FFC8 Bullet 3133EHUK7
1.400%
08/14/17
08/14/19
1.62
1.400%
5 2,000,000.00
$
2,000,000.00
FHLB Callable 3130ABWXO
1.500%
08/22/17
08/22/19
1.64
1.500%
5 2,000,000.00
$
2,000,000.00
FNMA Bullet 313SGOP49
1.000%
05/05/17
08/28/19
1.66
1.442%
5 2,000,000.00
$
1,979,946.00
Treasury Note 912828D80
1.625%
11/30/17
08/31/19
1.67
1.752%
$ 3,000,000.00
$
2,993,437.50
$ 12,000,000.00 ,
FHLMC Callable 3134GA7A6
1.500%
05/11/17
09/09/19
1.69
1.500%
$ 2,000,000.00
$
2,000,000.00
FNMA Callable 3135GOPS6
1.250%
11/30/17
09/20/19
1.72
1.842%
$ 2,000,000.00
$
1,979,060.00
FHLB Bullet 313OA9EP2
1.000%
05/10/17
09/26/19
1.74
1.436%
$ 2,000,000.00
$
1,979,660.00
FHLB Bullet 313OA9EP2
1.000%
05/11/17
09/26/19
1.74
1.435%
$ 2,000,000.00
$
1,979,750.00
$ 8,000,000.00
FHLMC Bullet 3137EADM8
1.250%
05/04/17
10/02/19
1.75
1.451%
$ 3,000,000.00
$
2,985,780.00
FFCB Callable 3133EGXK6
1.120%
12/21/17
10/11/19
1.78
1.946%
$ 2,000,000.00
$
1,970,800.00
FHLB Bullet 3130ASTD89
1.450%
07/18/17
10/18/19
1.80
1.450%
$ 2,000,000.00
5
2,000,000.00
FNMA Bullet 3135GOR39
1.000%
06/30/17
10/24/19
1.81
1.425%
$ 2,000,000.00
$
1,980,694.00
Treasury Note 912828F62
1.500%
12/12/17
10/31/19
1.83
1.797%
$ 3,000,000.00
$
2,983,560.00
$ 12,000,000.00 ,
FFCB Callable 3133EGA62
1.160%
11/30/17
11/01/19
1.84
1.866%
5 2,000,000.00
$
1,973,500.00
FHLB Bullet 3130AA3R7 _
1.375%
06/30/17
11/15/19
1.87
1.433%
$ 2,000,000.00
5
1,997,300.00
$ 4,000,000.00
FFCB Callable 31-33EGJVS
1.200%
12/08/17
01/06/20
2.02
1.955%
$ 2,000,000.00
$
1,969,400.00
Treasury Note 912828V31
1.375%
12/18/17
01/15/20
2.04
1.845%
$ 3,000,000.00
$
2,971,406.25
FNMA Bullet 313SGOA78
1.625%
12/08/17
01/21/20
2.06
1.862%
5 3,000,000.00
$
2,985,270.00
$ 8,DDO,000.00
FFCB Callable 3133EHR70
1.7401A
11/14/17
02/14/20
2.12
1.740%
5 2,000,000.00
$
2,000,000.00
FFCB Callable 3133EGAES
1.360%
12/21/17
02/18/20
2.13
1.991%
5 3,000,000.00
$
2,960,160.00
FNMA Bullet 3135GOT29
1.500%
10/23/17
02/28/20
2.16
1.688%
$ 2,000,000.00
$
1,991,360.00
$ 7,000,000.00
FFC8 Callable 3133EHLX2
1.500%
10/23/17
03/05/20
2.18
1.716%
$ 2,000,000.00
$
1,990,000.00
Treasury Note 91282SW63
1.625%
12/12/17
03/15/20
2.21
1.845%
$ 3,000,000.00
5
2,985,420.00
FHLMC 3134GBE84
1.700%
11/21/17
03/27/20
2.24
1.776%
$ 2,000,000.00
$
1,996,500.00
$ 7,000,000.00
Treasury Note 912828X21
1.500%
12/12/17
04/15/20
2.29
1.857%
$ 3,000,000.00
$
2,975,580.00
FHLMC Bullet 3137EAEF2
1.375%
11/21/17
04/20/20
2.30
1-858%
$ 2,000,000.00
$
1,977,300.00
FHLMC Callable 3134GBQ88
1.750%
10/30/17
04/30/20
2.33
1.750%
$ 2,000,000.00
$
2,000,000.00
S 7,000,000.00
FHLMC Bullet 3137EADR7
1.375%
11/21/17
05/01/20
2.33
1.823%
$ 2,000,000.00
5
1,978,660.00
FHLB - SX Call 3130ACN83
1.700%
11/21/17
05/15/20
2.37
1.869%
$ 2,000,000.00
$
1,991,800.00.
FFCB Callable 3133EHT78
1.830%
12/21/17
05/20/20
2.39
2.013%
$ 3,000,000.00
$
2,987,040.00
FNMA Callable 3136G4LQ4
1.750%
12/08/17
05/28/20
2.41
1.875%
$ 3,000,000.00
$
2,991,000.00
$ 10,000,000.00
FHLB Callable 3130ABNQS
1.625%
12/08/17
06/26/20
2.49
1.907%
5 2,000,000.00
$
1,986,000.00
$ 2,000,000.00
Sub Total - General Investment
$ 258,000,000.00
$
257,032,051.51
$ 258,000,000.00
Regions Bank Money Market
$26,441,210.29
Regions Lockbox Accounts
$4,919,963.33
TD Bank Checking Account
$28,921,640.29
Wells Fargo Bank Checking Account
$2,225,614.58
BankUnited Money Market
$38,641,731.83
Harbor Community Bank CD
0.850%
02/04/16
02/04/18
0.10
$3,101,566.72
National Bank of Commerce CD
0.850%
05/11/16
05/11/18
0.36
$6,105,322.07
Oculina Bank CD
0.880%
04/23/16
04/26/18
0.32
$2,029,864.78
Valley National Bank Government Interest Checking
$15,045,037.06
Marine Bank Business Money Market
$5,002,055.18
Total General Cash & Equivalents -Unrestricted
5
389,466,057.64
Restricted Cash -Bond Covenants (held by BNY/Mellon)
Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve
$27,002.86
Treasury Note 912828R93
0.625%
06!30/16
06/30/18
0.50
0.745%
$1,480,000.00
$1,473,872.80
Treasury Note 912828U40
1.000%
11/30/16
11/30/18
0.92
1.085%
$1,030,000.00
$1,022,676.70
Treasury Note 912828XV77
1.250%
06/30/17
06/30/19
1.50
1.345%
$1,610,000.00
$1,595,719.30
Total Restricted Bond Reserve - adjusted for fair market value
$4,119,271.66
Restricted Cash - Landfill
FACC-Florida Local Govt Investment Trust -Landfill Closure 8 Postclosure Reserves - adjusted for `air mkt value
5
13,724,448.83
Total Pooled Cash & Equivalents
S
407,309,778.13
Restricted Cash - Health Insurance
TD Bank - BCBS Claims Account
$1,698,048.58
Citibank - BCBS Imprest Acct
$84,000.00
Total Restricted Cash - Health Insurance
$1,782,048.58
Restricted Cash - Housing Account
$367,442.01
Total Portfolio
S
409,459,268.72
1
21
Note: See separate investment report
for OPER funds.
2of2
Schedule 3
Indian River County
Portfolio By Maturity Date
December 31, 2017
$300,000,000
{
4
' $273,526,012
$250,000,000
I
i
$200,000,000
i
!
t
t
f
$150,000,000
$100,000,000 $95;'196;361
i
I
I
$50,000,000 r
I $40,736,896
i
i !
i
$0 t
0-12 Months 13-24 Months 25-36 Months
Total Portfolio $409,459,269
22
` Schedule 4
Indian River County
Portfolio By Type
December 31, 2017
UT Reserve 1.01%
Treasury Notes 22.7
Wells Fargo Bank 0
FFCB 9.78%
BankUnited $ Mkt 9.49%
Marine Bank 1.23%
Oculina Bank CD 0.50%
Valley Natl Bank 3.68%
TD Bank Checking
7.10%
Harbor Comm CD 0.76%
12.24%
Nat[ Bk Comm CD
1.50%
23
Schedule 5
Indian River County
Investment Purchases and Calls/Maturities
Quarter Ending
December 31, 2017
PURCHASES.
Investment
Description
Yield to Maturit
Purchase Date
Call Date
Maturity Date
'Par Amount
Book Value .
FFCB Callable
1.72%
10/23/17
12/05/17
03/05/20
$2,000,000
$1,990,000.00
FNMA Bullet
1.67%
10/23/17
02/28/20
$2,000,000
$1,991,360.00
FHLMC Callable
1.75%
10/30/17
04/30/18
04/30/20
$2,000,000
$2,000,000.00
FFCB Callable
1.74%
11/14/17
02/14/18
02/14/20
$2,000,000
$2,000,000.00
FHLMC Bullet
1.86%
11/21/17
04/20/20
$2,000,000
$1,977,300.00
FHLMC Callable
1.78%
11/21/17
12/27/17
03/27/20
$2,000,000
$1,996,500.00
FHLB -1X Call
1.87%
11/21/17
05/15/19
05/15/20
$2,000,000
$1,991,800.00
FHLMC Bullet
1.82%
11/21/17
05/01/20
$2,000,000
$1,978,660.00
FHLB Bullet
1.71%
11/28/17
1
03/08/19
$2,000,000
$1,994,640.00
FFCB Callable
1.62%
11/28/17
12/04/17
05/01/19
$2,000,000
$1,984,700.00
Treasury Note
1.73%
11/30/17
06/30/19
$3,000,000
$2,995,200.00
Treasury Note
1.75%
11/30/17
08/31/19
$3,000,000
$2,993,437.50
FNMA Callable
1.84%
11/30/17
12/20/17
09/20/19
$2,000,000
$1,979,060.00
FFCB Callable
1.87%
11/30/17
12/06/17
11/01/19
$2,000,000
$1,973,500.00
FNMA Bullet
1.70%
12106/17
01/28/19
$3,000,000
$2,989,020.00
FHLMC Bullet
1.79%
12/06/17
05/30/19
$3,000,000
$2,998,290.00
FNMA Callable
1.88%
12/08/17
02/28/18
05/28/20
$3,000,000
$2,991,000.00
FFCB Callable
1.95%
12/08/17
12/14/17
01/06/20
$2,000,000
$1,969,400.00
FHLB Callable
1.91%
12/08/17
06/26/18
06/26/20
$2,000,000
$1,986,000.00
FNMA Bullet
1.86%
12/08/17
01/21/20
$3,000,000
$2,985,270.00
Treasury Note
1.86%
12112/17
04/15/20
$3,000,000
$2,975,580.00
Treasury Note
1.85%
12/12/17
03/15/20
$3,000,000
$2,985,420.00
Treasury Note
1.80%
12/12/17
10/31/19
$3,000,000
$2,983,560.00
Treasury Note
1.84%
12/18/17
01/15/20
$3,000,000
$2,971,406.25
Treasury Note
1.82%
12/18/17
07/31/19
$3,000,000
$2,978,906.25
FFCB Callable
1.95%
12/21/17
12/26/17
10/11/19
$2,000,000
$1,970,800.00
FFCB Callable
1.99%
12/21/17
12/28/17
02/18/20
$3,000,000
$2,960,160.00
FFCB Callable
2.01%
12/21/17
1
02/20/18
1
05/20/20
1
$3,000,000
$2,987,040.00
28
$69,000,000
$68,578,010.00
MATURITIES:
Investment
Description
Yield to Matunt
Purchase Date
Early
Call Date
Maturity Date
Par Amount
Book Value
Treasury Note
0.82%
09/16/15
09/30/17
$3,000,000
$2,988,281.25
Treasury Note
0.66%
04/26/16
09/30/17
$2,000,000
$1,998,980.00
FNMA Disc
0.65%
11/08/16
10/10/17
$3,000,000
$2,982,080.01
Treasury Note
0.88%
11/30/15
10/15/17
$3,000,000
$2,999,531.25
FFCB Callable
0.71%
10/20/15
10/20/17
$2,000,000
$2,000,000.00
FHLB Bullet
0.63%
01/20/16
10/26/17
$2,000,000
$1,991,780.00
Treasury Note
0.77%
11/18/16
10/31/17
$3,000,000
$2,999,531.25
FHLB Disc
0.70%
11/30/16
11/07/17
$3,000,000
$2,980,050.00
FHLMC Disc
0.6906
12/12/16
1
1
11/14/17
1
1 $3,000,000.
$2,980,622.49
9
1 $24,000,000
$23,920,856.25
Reconciliation of General Investments Only:
Beginning portfolio (09/30/17) $212,374,897.76
Total purchased 28 securities $68,578,010.00
Total matured 9 securities $23,920,856.25
Ending portfolio for quarter (12131/17) $257,032,051.51
24
iofi
October
November
December
January
February
March
April
May
June
July
August
September
Schedule 6
Indian River County
Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts
Comparison of Six Fiscal Years
December 31, 2017
Net cash flow $ 7,985
October
November
December
January
February
March
April
May
June
July
August
September
Fiscal Year 2012-2013
Net Chane
Net Chane
Month End Bal'
$
(4,325,867)
$
293,979,198
$
16,251,425
$
310,230,623
$
29,931,173
$
340,161,796
$
130,635
$
340,292,431
$
(2,486,081)
$
337,806,350
$
(2,787,582)
$
335,018,768
S
(8,244,064)
$
326,774,704
$
(4,598,588)
$
322,176,116
S
(4,334,609)
$
317,841,507
S
(4,470,572)
$
313,370,935
S
(10,017,849)
$
303,353,086
$
5,040,036
$
298,313 050
Net cash flow $ 7,985
October
November
December
January
February
March
April
May
June
July
August
September
$ 47,340
Fiscal Year 2015-2016
Net Chane
Net Chane
Month End Bal'
S
(8,105,518)
$ 298,115,481
S
25,830,326
$ 323,945,807
$
35,536,011
$ 359,481,818
$
(373,573)
$ 359,108,245
$
906,675
$ 360,014,920
$
256,335
$ 360,271,255
$
(5,220,820)
$ 355,050,435
$
(2,730,213)
$ 352,320,222
S
(8,065,869)
$ 344,254,353
$
(7,588,170)
$ 336,666,183
S
(8,369,612)
$. 328,296,571
$
6,977,510
$ 321,319,061
$ 47,340
Fiscal Year 2013-2014
Net Chane
Net Chane
Month End Bal'
Month End Bal'
$
(7,076,226)
$
291,236,824
$
13,411,135
$
304,647,959
$
33,565,914
$
338,213,873
$
(1,632,096)
$
336,581,777
$
(1,988,485)
$
334,593,292
$
(474,129)
$
334,119,163
$
(6,034,807)
$
328,084,356
$
(5,237,557)
$
322,846,799
$
(11,441,367)
$
311,405,432
$
(3,166,797)
$
308,238,635
$
(8,103,393)
$
300,135,242
$
1,774,852
$
298,360,390
$ 47,340
$ 7,860,609
Fiscal Year 2017-2_018
Fiscal Year 2016-20_17
Net Chane
Net Chane
Month End Bal'
S
(6,856,660)
$
314,462,401
$
29,862,090
$
344,324,491
$
37,277,098
$
381,601,589
$
(931,868)
$
380,669,721
$
(2,015,776)
$
378,653,945
$
442,916
$
379,096,861
$
(2,740,420)
$
376,356,441
$
(4,378,477)
$
371,977,964
$
(6,628,797)
$
365,349,167
$
(10,868,408)
$
354,480,759
$
(9,027,471)
$
345,453,288
$
5,877 090
$
339,576,198
$ 7,860,609
Fiscal Year 2017-2_018
Fiscal Year 2014-2015
$ (7,971,324)
Net Chane
$ 33,131,597
Month End Bal'
$
(10,422,694)
$
287,937,696
$
19,342,864
$
307,280,560
$
35,786,179
$
343,066,739
$
(285,799)
$
342,780,940
$
(2,801,802)
$
339,979,138
$
281,107
$
340,260,245
$
(6,111,791)
$
334,148,454
$
(4,947,796)
$
329,200,658
$
(6,122,052)
$
323,078,606
$
(8,447,944)
$
314,630,662
$
(9,274,059)
$
305,356,603
$
864,396
$
306,220,999
$ 7,860,609
Fiscal Year 2017-2_018
Net Chane Month End Bal'
$ (7,971,324)
331,604,874
$ 33,131,597
$ 364,736,471
$ 41,846,074
$ 406,582,545
Net cash flow $ 15,098,062 $ 18,257,137 $ 67,006,347
`Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve.
Excludes two health insurance bank accounts utilized by BCBS and the Section 8 HUD bank account.
Source: Balance Sheet for fund 801 (run by month)
Schedule does not include OPEB investments - see separate report.
25
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Schedule 8
Indian River County
Allocation of Pooled Cash and Investments By Fund Types
Balance in Funds as of December 31, 2017
General Fund
Special Revenue Funds
Debt Service Funds
Capital Project Funds
Solid Waste Funds
Golf Course Fund
Building Fund
Utilities Funds
Fleet Fund
Insurance Funds
GIS Fund
Escrow Funds
Total Investments
Pooled Investments
$
80,389,576
$
79,780,612
$
7,702,131
$
76,704,638
$
37,968,938
$
162,212
$
7,120,111
$
86,024,424
$
333,330
$
25,954,752
$
294,625
$
4,147,196
$
406,582,545
Schedule includes all pooled investments, FMV adjustments, and cash in bank.
Excludes two health insurance bank accounts utilized by BCBS for
claims and the Section 8 HUD bank account.
Schedule does not include OPEB investments - see separate report.
27
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
f 1801 271 Street
i
Vero Beach, FL 32960
Telephone: (772) 226-1945
i
COMPTRO
TO: Board of County Commissioners
t
FROM: Edward Halsey, Internal Auditor
THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
f
DATE: February 12, 2018
SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2017
I
BACKGROUND
Attached to this memorandum is the report of the tourist development tax monies collected in the
Clerk's office for quarters ended December 31, 2016 and 2017. The report shows five categories
of activity including short-term rentals.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist
Development Tax Report.
0
Indian River County Tourist Development Tax
Received by the Indian River County Clerk of the Circuit Court and Comptroller
Quarters Ended December 31, 2016 and 2017
Quarter
Ended %
12/31./2016 Of Total
Quarter
Ended
12/31/2017 Of Total
Short Term Rentals
$ 141,423
25.92%
$ 140,662
20.85%
Flotel/ Motel
377,577
69.21%
503,630
74.65%
Boarding/Apartments
6:150
1.18%
9,701
1.44%
Mobile I -Ionics
5,247
0.96%
6,560
0.97%
Timeshare
14,847
2.71%
14,102
2.09%
$ 545,544
100.00%
$ 674,655
100.00%
Increase %
Decrease) Chanee
$
(761)
-0.54%
$
126,053
33.38%
$
3,251
50.40%
$
1,313
25.02%
$
(745)
-5.02%
$ 129,111 23.67%
29
I
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 271' Street
Vero Beach, FL 32960
Telephone: (772) 226-1945
COMPT.
.t
r
TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust)
FROM: Elissa Nagy, Finance Director
THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
DATE: January 26, 2018
SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 12/31/2017
Attached please find a summary report consisting of the composition and investment return of
the OPEB Trust for the first quarter of this fiscal year. These funds are held in trust by our
custodian BNY/Mellon. This report was reviewed by our investment advisory committee on
January 25, 2018.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB
Trust Report.
30
Investment Activity:
SHORT TERM PORTION (Near -Term Disbursement Needs)
100% Cash Equivalents
100% Fidelity Treasury Money Market
Short -Term Portion Total
LONG TERM PORTION (Future Obligations)
50% Equities
22.5% Vanguard SOO Index
20.0% Vanguard FTSE All -World
5.0% Vanguard Mid Cap Index
2.5% Vanguard Small Cap index
50.0% 50% Equities Subtotal
40% Fixed Debt Securities
30.0% Vanguard Short Term Treasury
10.0% Vanguard Intermediate Treasury
40.0% 401X Fixed Debt securities Subtotal
10% Cash Equivalents
Vanguard Prime Money Market
Vanguard Federal Money Market
10.0% 10% Cash Equivalents Subtotal
100.09/ Long -Term Portion Total
Performance:
Portfolio Total
Indian River County
Other Post Employment Benefits Trust
Quarter Ended December 31, 2017
2,541,507
6,758
Income/Mk
2,548,265
9.0%
12/31/17
Current
09/30/17 value
Purchases
to Mkt
Withdrawals
Transfers
Value
Allocation
- $
- $ 2,756,072
9.7%
$ 27,620,889
$ 410,000 $
740,699 $
$
$ 49,573
$
205,000
$ 148
$ (428)
(428) $
$ 254,293
_ 100.0%
5 49,573
$
205,000
$ 148
$ (428)
$
$ 254,293
100.0%
0.19%
3 months
Vanguard Federal Money Market
0.25%
0.13%
3 months
Total- 10% Cash Equivalents (Blended)
0.26%
6,233,563
3 months
412,030
6,645,593
23.1%
5,522,817
3 months
260,388
5,783,205
20.1%
1,395,305
78,407
1,473,712
5.1%
711,157
36,066
747,223
2.5%
$ 13,862,842
$
-
$ 786,891
$ -
$ -
$ 14,649,733
50.8%
8,273,199
280,000
(38,148)
8,515,051
29.6%
2,736,053
130,000
(15,321)
2,850,732
9.9%
$ 11,009,252
$
410,000
$ (53,469)
$ -
$ -
$ 11,365,783
39.5%
2,541,507
6,758
2,548,265
9.0%
207,288
$
519
4.71%
207,807
0.7%
$ 2,748,795
$ - $
7,277 $
- $
- $ 2,756,072
9.7%
$ 27,620,889
$ 410,000 $
740,699 $
$
5 28,771,588
100.0%
$ 27,670.462
$ 615,000 5
740,847 $
(428) $
$ 29,025,881
100.0%
Benchmark
Security/Grouping Return Benchmark Timeframe Benchmark Index
Short -Term Portion:
Fidelity Treasury Money Market 0.19%. 0.13% 3 months US Gov't Money Market Funds Avg.
Long -Term Portion:
Vanguard 500 Index
6.615A
6.64%
3 months
Vanguard FTSE Ail -World
4.71%
5.28%
3 months
Vanguard Mid Cap Index
5.62%
5.061A
3 months
Vanguard Small Cap Index
5.07%
5.10%
3 months
Total- 50% Equities (Blended)
5.68%
5.86%
3 months
Vanguard Short Term Treasury
-0.45%
-0.41%
3months
Vanguard Intermediate Treasury
-0.54%
-0.42%
3 months
Total -40% Fixed Debt (Blended)
-0.48%
-0.41%
3months
Vanguard Prime Money Market
0.27%
0.19%
3 months
Vanguard Federal Money Market
0.25%
0.13%
3 months
Total- 10% Cash Equivalents (Blended)
0.26%
0.13%
3 months
Total Long -Term (Blended)
2.66%
2.76%
3 months
Total Portfolio (Blended) 2.65% 2.76% 3 months
S&P 500Index
FTSE All -World ex US
Spliced Mid Cap Index
Spliced Small Cap index
Barclays US 1-5 Yr Treasury Index
Barclays US 5-10 Yr Treasury Index
US Gov't Money Market Funds Avg.
Money Market Funds Avg.
31
��
BNY MELLON
The Bank of New York Melton Trust
INDIAN RIVER COUNTY
FINANCE DIRECTOR
1801 27TH STREET BLDG A
VERO BEACH, FL 32960-3388
N.A.
Account Statement
Statement Period 10/01/2017 Through 12/31/2017
N
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Account Overview
Account 179137
INDIAN RIVER CO OPEB TRUST
CLIENT SERVICE MANAGER: TINA GONZALEZ
10161 CENTURION PARKWAY N
JACKSONVILLE, FL 32256
904-998-4732
TI NA.GONZALEZ@BNYMELLON.COM
Summary of Assets Held
Asset Classification Market Value
Percent of all
Accrued Income
Est Annual Income
Market Yield
Investments
Asset classification
Markot value
Ah
52% 0
EQUITY
14,649,733.57
0.00
48% 0
OTHER
14121854.37
254,293.30
<1%
CASH AND SHORT TERM
254,293.30
Kz:9
100%
TOTAL OF ALL INVESTMENTS
29,025,881.24
Summary of Assets Held
Asset Classification Market Value
cost
Accrued Income
Est Annual Income
Market Yield
EQUITY 14,649,733.57
9,908,016.78
0.00
0.00
0.00%
OTHER 14,121,854.37
13,381,908.86
0.00
0.00
0.00%
CASH AND SHORT TERM 254,293.30
254,293.30
0.00
2.244.91
0.88%
ACCOUNT TOTALS 29,025,881.24
23,544,218.94
0.00
2,244.91
0.01%
Summary of Cash Transactions
0.00
0.00
0.06-
0.00
Current Period
0.00
Year -to -Date
0.00
CLOSING BALANCE 1,004,097.57 1,004,097.57 - 0.00 1,004,097.57 1,004,097.57 -
The above cash transactions summary is provided for information purposes only and may not reflect actual taxable income or deductible expenses
as,reportable under the Internal Revenue Code.
Page 1 of 8 Page 1 of a32
Realized
Transaction Category
income
Principal
Gains/Losses
Income
Principal
OPENING BALANCE
872,416.23
872,416.23 -
536,249.50
536,249.50 -
DIVIDENDS
131,829.39
125,942.30 -
0.00
468,023.37
442,487.36 -
INTEREST
0.00
0.00
0.00
0.06-
0.00
SALES AND REDEMPTIONS
0.00
410,427.50
0.00
0.00
8,844,657.10
OTHER CASH ADDITIONS
0.00
615,000.00
0.00
0.00
2,320,755.74
OTHER CASH DISBURSEMENTS
0.00
427.50-
0.00
0.00
2,496,517.00 -
PURCHASES
148.05 -
1,030,739.04 -
0.00
175.24-
8,694,256.55 -
CLOSING BALANCE 1,004,097.57 1,004,097.57 - 0.00 1,004,097.57 1,004,097.57 -
The above cash transactions summary is provided for information purposes only and may not reflect actual taxable income or deductible expenses
as,reportable under the Internal Revenue Code.
Page 1 of 8 Page 1 of a32
BNY MELLON Statement Period 10/01/2017 Through 12/31/2017
Account 179137
The Bank of Now York Mellon Trust Company, N.A . INDIAN RIVER CO OPEB TRUST
Statement of Assets Held
Shares 1
Market Price
Market Value
Accrued income
0.000/6
Par Valu* Asset Description
Average Cost
Cost
Est Annual Income
Market Yield
EQUITY
268,237.728 VANGUARD FTSE ALL WORLD EX US INDEX FUND
21.56000
5,783,205.42
0.00
0.00%
CUSIP: 922042791
17.55267
4,708,288.38
0.00
26,924.855 VANGUARD 500 INDEX FUND
246.82000
6,645,592.71
0.00
0.00%
CUSIP: 922908108
146.19815
3,936,363.99
0.00
10,559.964 VANGUARD SMALL -CAP INDEX FUND
70.76000
747,223.05
0.00
0.00%
CUSIP: 922908702
40.51009
427,785.04
0.00
34,897.286 VANGUARD MID -CAP INDEX FUND
42.23000
1,473,712.39
0.00
0.00%
CUSIP: 922908843
23.94396
835,579.37
0.00
Total EQUITY
872,416.23
14,649,733.57
0.00
0.000/6
10102/17 Dividend
0.00
9,908,016.78
0.00
0.00
OTHER
207,806.380 VANGUARD FEDERAL MONEY MARKET FUND
1.00000
207,806.38
0.00
0.00%
CUSIP: 922906300
1.00000
207,806.38
0.00
257,518.680 VANGUARD INTERMEDIATE-TERM TREASURY FUND
11.07000
2,850,731 .79
0.00
0.00%
CUSIP: 922031802
10.49298
2,702,137.35
0.00
2,548,265.320 VANGUARD PRIME MONEY MARKET FUND
1.00000
2,548,265.32
0.00
0.00%
CUSIP: 922906201
1.00000
2,548,265.32
0.00
807,113.828 VANGUARD SHORT-TERM TREASURY FUND
10.55000
8,515,050.89
0.00
0.00%
CUSIP: 922031703
9.81733
7,923,699.81
0.00
Total OTHER
14,121,854.37
0.00
0.00%
10/02/17 Dividend
4,059.82
13,381,908.86
0.00
0.00
CASH AND SHORT TERM
254,118.060 FIDELITY INVESTMENT MM TSY 3 696
1.00000
254,118.06
0.00
0.88%
CUSIP: X9USD0002
1.00000
254,118.06
2,243.36
175.240 FIDELITY INVST M MKT TRSY 696
1.00000
175.24
0.00
0.88%
CUSIP: X9USDD002
1.00000
175.24
1.55
Total CASH AND SHORT TERM
254,293.30
0.00
0.88%
10/02/17 Dividend
0.00
254,293.30
2,244.91
0.00 0 .
ACCOUNT TOTALS
29,025,881.24
0.00
0.01%
CUSIP 922031802
23,544,218.94
2,244.91
Total Market Value Plus Total Accrued Income 29,025,881.24
9
Statement of Transactions
Transaction
Realized
Date Transaction Description
Income
Principal
Cost
Gains/Losses
10/01/17 OPENING BALANCE
872,416.23
872,416.23 -
22,797,817.05
10102/17 Dividend
0.00
6,977.52-
6,977.52
0.00
VANGUARD SHORT-TERM TREASURY FUND
CUSIP 922031703
656.399 SHARES
10/02/17 Dividend
6,977.52
0.00
0.00
0.00
VANGUARD SHORT-TERM TREASURY FUND
CASH DIVIDEND
DIV RATE:.01
EX 09302017 PAY 10022017
CUSIP 922031703
778,287.798 SHARES
10/02/17 Dividend
4,059.82
0.00
0.00
0.00
VANGUARD INTERMEDIATE-TERM TREASURY FUND
CASH DIVIDEND
DIV RATE: .02
EX 09302017 PAY 10022017
CUSIP 922031802
244,727.433 SHARES
c '
10/02/17 Dividend
0.00
4,059.82-
4,059.82
0.00 0 .
VANGUARD INTERMEDIATE-TERM TREASURY FUND
CUSIP 922031802
363.132 SHARES
9
10/02/17 Dividend 1,887.33 0.00 0.00 0.00
VANGUARD PRIME MONEY MARKET FUND o
CASH DIVIDEND
DIV RATE: 0.00 H
EX 09292017 PAY 10022017
w
0
v I
Page 2 of 8 Page 2 of 633
lot i iii
BNY MELLON Statement Period 10/01/2017 Through 12131/2017
Account 179137
The Bank of New York Mellon Trust Company. N.A. INDIAN RIVER CO OPER TRUST
Statement of Transactions - Continued
Transaction Realized
Date Transaction Description Income Principal Cost Gains/Losses
CUSIP 922906201
2,541,506.620 SHARES
10/02/17 Dividend
0.00
1,887.33-
1,887.33
0.00
VANGUARD PRIME MONEY MARKET FUND
CUSIP 922906201
1,887.330 SHARES
10/02/17 Dividend
167.33
0.00
0.00
0.00
VANGUARD FEDERAL MONEY MARKET FUND
CASH DIVIDEND
DIV RATE: 0.00
EX 09302017 PAY 10022017
CUSIP 922906300.
207,288,060 SHARES
10/02/17 Dividend
0.00
167.33-
167.33
0.00
VANGUARD FEDERAL MONEY MARKET FUND
CUSIP 922906300
167.330 SHARES
10102/17 DAILY ENDING BALANCE
885,508.23
885,508.23 -
22,810,909.05
0.00
10/03/17 Purchase
79.18-
0.00
79.18
0.00
FIDELITY INVST M MKT TRSY 696
TRADE DATE 10/03/17 SET/DATE 10/03/17
CUSIP X9USD00021
79.180 SHARES
10/03/17 Dividend
79.18
0.00
0.00
0.00
FIDELITY INVESTMENT MM TSY 3 696
TRADE DATE 10/03/17 SETIDATE 10/03/17
CUSIP X9USD0002
79.180 SHARES
10/03/17 DAILY ENDING BALANCE
885,508.23
885,508.23 -
22,810,988.23
0.00
10/23/17 Purchase
0.00
205,000.00 -
205,000.00
0.00
FIDELITY INVESTMENT MM TSY 3 696
TRADE DATE 10/23/17 SETIDATE 10/23/17
CUSIP X9USD0002
205,000.000 SHARES
10/23/17 Cash Credit
0.00
205,000.00
0.00
0.00
ORD CUST:/4308981798 INDIAN RIVER COUNTY
BOCC CONCENTRATION
ORD 1NST:TD BANK, NA WILMINGTON,
DELAWARE
DETAILWONTHLY FUNDING
IMA:20171023C1676£10001384
FTS:FDF1710230787300
10/23117 DAILY ENDING BALANCE
885,508.23
885,508.23 -
23,015,988.23
0.00
10/24117 Purchase
0.00
115,000.00 -
115,000.00
0.00
VANGUARD SHORT-TERM TREASURY FUND
1172960208219
TRADE DATE 10/23/17 SET/DATE 10/24/17
CUSIP 922031703
10,838.831 SHARES
10124/17 Purchase
0.00
90,000.00-
90,000.00
0.00
VANGUARD INTERMEDIATE-TERM TREASURY FUND
1172960208226
TRADE DATE 10/23/17 SET/DATE 10/24/17
CUSIP 922031802
8,071.749 SHARES
10/24/17 Sale
0.00
205,000.00
205,000.00 -
0.00
FIDELITY INVESTMENT MM TSY 3 696
TRADE DATE 10/24117 SET/DATE 10/24/17
0
0
CUSIP X9USD0002
205,000.000 SHARES
10/24/17 DAILY ENDING BALANCE
885,508.23
885,508.23 -
23,015,988.23
0.00
3
11/01/17 Dividend
0.00
9,072.82-
9,072.82
0.00
VANGUARD SHORT-TERM TREASURY FUND
o
CUSIP 922031703
855.120 SHARES
11/01/17 Dividend
9,072.82
0.00
0.00
0.00
u
G
Page 3 of 8
Page 3 of 834
f
i
100-
AV
BNY MELLON
Statement Period
10/01/2017 Through 12/3112017
Account 179137
The Bank of New York Mellon Trust Company, N.a
INDIAN RIVER CO OPEB TRUST
Statement of Transactions - Continued
Transaction
Realized
Date Transaction Description
income
Principal
Cost
Gains/Losses
VANGUARD SHORT-TERM TREASURY FUND
CASH DIVIDEND
DIV RATE:.01
EX 10312017 PAY 11012017
CUSIP 922031703
789,783.028 SHARES
11/01/17 Dividend
0.00
4,213.92-
4,213.92
0.00
VANGUARD INTERMEDIATE-TERM TREASURY FUND
CUSIP 922031802
378.269 SHARES
11/01/17 Dividend
4,213.92
0.00
0.00
0.00
VANGUARD INTERMEDIATE-TERM TREASURY FUND
CASH DIVIDEND
DIV RATE: .02
EX 11012017 PAY 11012017
CUSIP 922031802
253,162.314 SHARES
11/01/17 Dividend
0.00
2,435.97-
2,435.97
0.00
VANGUARD PRIME MONEY MARKET FUND
CUSIP 922906201
2,435.970 SHARES
11/01/17 Dividend
2,435.97
0.00
0.00
0.00
VANGUARD PRIME MONEY MARKET FUND
CASH DIVIDEND
DIV RATE: 0.00
EX 10312017 PAY 11012017
CUSIP 922906201
2,543,393.950 SHARES
11/01/17 Dividend
0.00
174.25-
174.25
0.00
VANGUARD FEDERAL MONEY MARKET FUND
CUSIP 922906300
174.250 SHARES
11101/17 Dividend
174.25
0.00
0.00
0.00
VANGUARD FEDERAL MONEY MARKET FUND
CASH DIVIDEND
DIV RATE: 0.00
EX 10312017 PAY 11012017
CUSIP 922906300
207,455.390 SHARES
11/01/17 DAILY ENDING BALANCE
901,405.19
901,405.19 -
23,031,885.19
0.00
11/02/17 Purchase
32,05-
0.00
32.05
0.00
FIDELITY INVST M MKT TRSY 696
TRADE DATE 11/02/17 SET/DATE 11102/17
CUSIP X9US000021
32.050 SHARES
11/02/17 Dividend
32.05
0.00
0.00
0.00
FIDELITY INVESTMENT MM TSY 3 696
TRADE DATE 11/02/17 SET/DATE 11/02/17
CUSIP X9USD0002
32.050 SHARES
11/02117 DAILY ENDING BALANCE
901,405.19
901,405.19 -
23,031,917.24
0.00
11/22/17 Purchase
0.00
205,000.00 -
205,000.00
0.00
FIDELITY INVESTMENT MM TSY 3 696
TRADE DATE 11/22/17 SET/DATE 11/22!17
CUSIP X9USD0002
205,000.000 SHARES
^
11/22/17 Cash Credit
0.00
205,000.00
0.00
0.00
ORD CUSTJ4308981798 INDIAN RIVER COUNTY
°
BOCC CONCENTRATION
0
o
ORD INST:TD BANK, NA WILMINGTON,
DELAWARE
DETAIL:MONTHLY .FUNDING
9
IMA:20171122C1B76E10001727
FTS:FDF1711220907300
11/22/17 DAILY ENDING BALANCE
901,405.19
901,405.19 -
23,236,917.24
0.00
11/24/17 Purchase
0.00
165,000.00 -
165,000.00
0.00 H
VANGUARD SHORT-TERM TREASURY FUND
v
a
is
Page 4 of 8
Page 4 of
65
BNY MELLON Statement Period 10/01/2017 Through 12/3112017
Account 179137
The Bank of Now York Mellon Trust Company, N.A. INDIAN RIVER CO OPEB TRUST
Statement of Transactions - Continued
Transaction
Realized
Date Transaction Description
Income
Principal
Cost
Gains/Losses
1173260234639
TRADE DATE 11/22/17 SET/DATE 11/24/17
CUSIP 922031703
15,595.463 SHARES
11/24/17 Purchase
0.00
40.000.00-
40,000.00
0.00
VANGUARD INTERMEDIATE-TERM TREASURY FUND
1173260234748
TRADE DATE 11/22/17 SETIDATE 11/24117
CUSIP 922031802
3,593.890 SHARES
11/24/17 Sale
0.00
205,000.00
205,000.00 -
0.00
FIDELITY INVESTMENT MM TSY 3 696
TRADE DATE 11/24/17 SET/DATE 11/24/17
CUSIP X9USD0002
205,000.000 SHARES
11/24/17 DAILY ENDING BALANCE
901,405.19
901,405.19 -
23,031,917.24
0.00
12/01/17 Dividend
0.00
9,303.89-
9,303.89
0.00
VANGUARD SHORT-TERM TREASURY FUND
CUSIP 922031703
880.217 SHARES
12/01/17 DAILY ENDING BALANCE
901,405.19
901,405.19 -
23,259,959.43
0.00
12/04/17 Purchase
36.82-
0.00
36.82
0.00
FIDELITY INVST M MKT TRSY 696
TRADE DATE 12/04/17 SET/DATE 12/04/17
CUSIP X9USD00021
36.820 SHARES
12/04117 Dividend
36.82
0.00
0.00
0.00
FIDELITY INVESTMENT MM TSY 3 696
TRADE DATE 12/04/17 SET/DATE 12/04/17
CUSIP X9USD0002
36.820 SHARES
12/04117 DAILY ENDING BALANCE
901,405.19
901,405.19 -
23,259,996.25
0.00
12108/17 Dividend
9,303.89
0.00
0.00
0.00
VANGUARD SHORT-TERM TREASURY FUND
CASH DIVIDEND
DIV RATE:.01
EX 11302017 PAY 12012017
CUSIP 922031703
806,233.611 SHARES
12/08/17 Dividend
0.00
4,257.01 -
4,257.01
0.00
VANGUARD INTERMEDIATE-TERM TREASURY FUND
CUSIP 922031802
384.207 SHARES
12/08/17 Dividend
4,257.01
0.00
0.00
0.00
VANGUARD INTERMEDIATE-TERM TREASURY FUND
CASH DIVIDEND
DIV RATE:.02
EX 12012017 PAY 12012017
CUSIP 922031802
257,134.473 SHARES
12/08/17 Dividend
2,435.40
0.00
0.00
0.00
VANGUARD PRIME MONEY MARKET FUND
CASH DIVIDEND
DIV RATE: 0.00
EX 12012017 PAY 12012017
CUSIP 922906201
2,545,829.920 SHARES
m
12/08/17 Dividend
0.00
2,435.40-
2,435.40
0.00 S
VANGUARD PRIME MONEY MARKET FUND
CUSIP 922906201
2.435.400 SHARES
3
12/08/17 Dividend
176.74
0.00
0.00
0.00
VANGUARD FEDERAL MONEY MARKET FUND
CASH DIVIDEND
0
DIV RATE: 0.00
EX 12012017. PAY 12012017
CUSIP 922906300
Page 5 of 8 Page 5 of 836
't
BNY MELLON Statement Period 10/01/2017 Through 12/31/2017
Account 179137
The Bank of Now York Mellon Trust Company, N.A. INDIAN RIVER CO OPER TRUST
Statement of Transactions - Continued
Transaction Realised
Date Transaction Description income Principal cost Gains/Losses
207,629.640 SHARES
12/08/17 Dividend
0.00
176.74-
176.74
0.00
VANGUARD FEDERAL MONEY MARKET FUND
CUSIP 922906300
176.740 SHARES
12/08/17 DAILY ENDING BALANCE
917,578.23
917,578.23 -
23,253,127.10
0.00
12/12/17 Sale
0.00
427.50
427.50-
0.00
FIDELITY INVESTMENT MM TSY 3 696
TRADE DATE 12/12/17 SET/DATE 12/12/17
CUSIP X9USD0002
427.500 SHARES
12/12/17 Cash Debit
0.00
427.50-
0.00
0.00
BNF:BNY FEE ACCOUNT
DETAILREP PAYMENT FOR ADMIN BILLING
DETAIL:FEE SEPT 1 TO NOV 30.2017
AIC WITH:BANK OF NEW YORK
12/12/17 DAILY ENDING BALANCE
917,578.23
917,578,23 -
23,252,699.60
0.00
12/20/17 Purchase
0.00
205,000.00 -
205,000.00
0.00
FIDELITY INVESTMENT MM TSY 3 696
TRADE DATE 12/20/17 SET/DATE 12/20/17
CUSIP X9USD0002
205,000.000 SHARES
12/20/17 Cash Credit
0.00
205,000.00
0.00
0.00
ORD CUST:/4308981798 INDIAN RIVER COUNTY
BOCC CONCENTRATION
ORO INST:TD BANK, NA WILMINGTON,
DELAWARE
DETAIL:MONTHLY FUNDING
IMA:20171220C1B76E1C000678
FTS:FDF1712200633500
12120/17 DAILY ENDING BALANCE
917,578.23
917,578.23 -
23,457,699.60
0.00
12/21/17 Purchase
0.00
5,739.04 -
5,739A4
0.00
VANGUARD MID -CAP INDEX FUND
TRADE DATE 12/21/17 SET/DATE 12/21/17
CUSIP 922908843
136.319 SHARES
12/21/17 Dividend
46,901.38
0.00
0.00
0.00
VANGUARD FTSE ALL WORLD EX US INDEX FUND
CASH DIVIDEND
DIV RATE: .18
EX 12212017 PAY 12212017
CUSIP 922042791
266,031.642 SHARES
12/21/17 Dividend
0.00
46,901.38-
46,901.38
0.00
VANGUARD FTSE ALL WORLD EX US INDEX FUND
CUSIP 922042791
2,206.086 SHARES
12/21/17 Dividend
0.00
3,693.43 -
3,693.43
0.00
VANGUARD SMALL -CAP INDEX FUND
CUSIP 922908702
52.330 SHARES
12/21/17 Dividend
3,693.43
0.00
0.00
0.00
VANGUARD SMALL -CAP INDEX FUND
CASH DIVIDEND
DIV RATE: .35
EX 12212017 PAY 12212017
CUSIP 922908702
10,507.634 SHARES
0
o
12/21/17 Dividend
5,739.04
0.00
0.00
0.00
VANGUARD MID -CAP INDEX FUND
CASH FOR DRIP
3
CASH FOR DRIP
TRADE DATE 12/21/17 SET/DATE 12/21/17
v
CUSIP 922908843
5,739.040 SHARES
H
12/21/17 DAILY ENDING BALANCE
973,912.08
973,912.08 -
23,514,033.45
0.00
w
"a
Page 6 of 8
Page 6 of 837
m
Cash and securities set forth on this Account Statement are held by The Bank of New York Mellon, an affiliate of The Bank of New York Mellon Trust Company, N.A. In addition,
The Bank of New York Mellon Trust Company, N.A. may utilize subsidiaries and affiliates to provide services and certain products to the Account. Subsidiaries and affiliates maybe
compensated for their services and products.
m
The value of securities set forth on this Account Statement are obtained by The Bank of New York Mellon Trust Company, NA., from its affiliate, The Bank of New York Mellon which a
determines such values for Corporate Trust on the basis of market prices and information obtained by The Bank of New York Mellon from unaffiliated third parties (including c
independent pricing vendors) ("third party pricing services'). The Bank of New York Mellon has not verified such market values or information and makes no assurances as to the
accuracy or correctness of such market values or information or that the market values set forth on this Account Statement reflect the value of the securities that can be realized 3
upon the sale of such securities. In addition, the market values for the securities set forth in this Account Statement may differ from the market prices and information for the same
securities used by other business units of The Bank of New York Mellon Trust Company, N.A., The Bank of New York Mellon or their respective subsidiaries or affiliates based upon
market prices and information received from other third party pricing services utilized by such other business units. Corporate Trust does not compare its market values with o
those used by, or reconcile different market values used by, other business units of The Bank of New York Mellon Trust Company, N.A., The Bank of New York Mellon or their
respective subsidiaries or affiliates. Neither The Bank of New York Mellon Trust Company, N.A. nor The Bank of New York Mellon shall be liable for any loss, damage or expense
Incurred as a result of or arising from or related to the market values or information provided by third party pricing services or the differences in market prices or Information provided
by other third party pricing services. a
Page 7 of 8 Page 7 of 838
BNY MELLON
Statement Period
10/01/2017 Through 12/3112017
Account 179137
The Bank of Now York Mellon Trust Company, N.A.
INDIAN RIVER CO OPEB TRUST
Statement of Transactions - Continued
Transaction
Realized
Date Transaction Description
Income
Principal
Cost
Gains/Losses
12/26/17 Dividend
0.00
30.185.49-
30,185.49
0.00
VANGUARD 500 INDEX FUND
CUSIP 922908108
121.898 SHARES
12/26/17 Dividend
30,185.49
0.00
0.00
0.00
VANGUARD 500 INDEX FUND
CASH DIVIDEND
DIV RATE: 1..13
EX 12262017 PAY 12262017
CUSIP 922908108
26,802.957 SHARES
12/26/17 DAILY ENDING BALANCE
1,004,097.57
1,004,097.57 -
23,544,218.94
0.00
12/31/17 CLOSING BALANCE
1,004,097.57
1,004,097.57 -
23,544,218.94
0.00
Cumulative realized capital gain and loss position from 12131/2016 for securities held In principal of account:
Short Term: 0.00 ' Long Term: 1,027,618.82 `
' The above gain and loss position does not include transactions where tax cost Information is Incomplete or unavailable.
Cash and securities set forth on this Account Statement are held by The Bank of New York Mellon, an affiliate of The Bank of New York Mellon Trust Company, N.A. In addition,
The Bank of New York Mellon Trust Company, N.A. may utilize subsidiaries and affiliates to provide services and certain products to the Account. Subsidiaries and affiliates maybe
compensated for their services and products.
m
The value of securities set forth on this Account Statement are obtained by The Bank of New York Mellon Trust Company, NA., from its affiliate, The Bank of New York Mellon which a
determines such values for Corporate Trust on the basis of market prices and information obtained by The Bank of New York Mellon from unaffiliated third parties (including c
independent pricing vendors) ("third party pricing services'). The Bank of New York Mellon has not verified such market values or information and makes no assurances as to the
accuracy or correctness of such market values or information or that the market values set forth on this Account Statement reflect the value of the securities that can be realized 3
upon the sale of such securities. In addition, the market values for the securities set forth in this Account Statement may differ from the market prices and information for the same
securities used by other business units of The Bank of New York Mellon Trust Company, N.A., The Bank of New York Mellon or their respective subsidiaries or affiliates based upon
market prices and information received from other third party pricing services utilized by such other business units. Corporate Trust does not compare its market values with o
those used by, or reconcile different market values used by, other business units of The Bank of New York Mellon Trust Company, N.A., The Bank of New York Mellon or their
respective subsidiaries or affiliates. Neither The Bank of New York Mellon Trust Company, N.A. nor The Bank of New York Mellon shall be liable for any loss, damage or expense
Incurred as a result of or arising from or related to the market values or information provided by third party pricing services or the differences in market prices or Information provided
by other third party pricing services. a
Page 7 of 8 Page 7 of 838
This Page Intentionally Blank
0
0
8
3
v
0
0
Page 8 of 8 Page 8 of 839
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
9f F
Consent Agenda - B. CC 2.20.18
Office of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney��
DATE: February 8, 2018
ATTORNEY
SUBJECT: Appointment to the Economic Opportunities Council of Indian River County, Inc.
The Economic Opportunities Council of Indian River County, Inc. ("EOC") is a non-profit corporation in
Indian River County. Since the EOC receives Community Services Block Grant funds, pursuant to 42 USC
§9910, the EOC must have 1/3 of the members of its board who are elected officials or their representatives.
On October 10, 2017, the Indian River County Board of County Commissioners ("Board") reappointed
Jennifer Proper, Linda McConkey and Donald Hart, Sr. and appointed Charles Pope to the EOC. Linda
McConkey tendered her resignation, which became effective January 1, 2018. Grant Gillenwater has applied
to fill the vacant position on the EOC.
RECOMMENDATION.
The County Attorney recommends that the Board appoint Grant Gillenwater to the Economic Opportunities
Council of Indian River County, Inc.
ATTACHMENT
Letter from Angela Davis -Green to the Board of County Commissioners, dated February 5, 2018
Letter from Grant Gillenwater to Angela Davis -Green, dated January 11, 2018
Grant Gillenwater Resume
Letter from Linda McConkey to EOC Board, dated October 10, 2017
F,UftmeylVndalG£N£RSLIB C Ck4grndabfemoslEeow is Opp—lies Coa,.ctl Gmw GllkmV,t do 40
�uon.
mmunity
*A
P A R T N E R S H! P
Helping People. Changing Lives.
Admin. Office
2455 St. Lucie Ave.
Vero Beach, FL
32960
(772)$62-4177
Fax (772)794-7597
Community Services
2455 St. Lucie Aro.
Vero Beach, FL
32960
(772)569-1030
Fax (772)794-7597
Head Start
Central Offices
8445 64th Me—
Witham, FL
32970
PO Box 2766
Vero Beach, FL
32961-2766
(772) 589.8008
Fax(772)589-1191
Citrus
27714th Street
Vero Beach, FL
32968
(772)778-0528
Fax (772) 770-0529
Fells ncrc
1339 N. Willow Street
Fcll.%nere, FL
32948
(772)571-1 234
Fax(772) 571-9682
Highlands
500 SW 20th Street
Vero Beach, FL
32962
(772) 794-2375
Fex(772) 794-1908
St. Helen's
355041 11
5504111Stmet
Vero Beach, FL
32967
(772) 5674347
Fix (772) 562.0375
Northside
1798 NW 9th Avenue
Okeechobee, FI.
34973
(863)357-8677
Fax (863),357-6817
LIHEAF Outreach Office
1798 NW 9th Avenue
Okeechobee, FL 34973
(863) 357-2240
Fax(863)357-6263
United a
,:YJay
Economic Opportunities Council of Indian River County, Inc.
February 5, 2018
Post Office Box 2766
Vero Beach, Florida 32961-2766
www.eocofirc.net
Board of County Commissioners
180127th Street
Vero Beach, FL 32960
Dear Commissioners,
Economic Opportunities Council of Indian River County, Inc. (EOC) is the federally
designated Community Action Agency for Indian River County. Charted in 1965,
EOC has provided services to low-income, county residents for over fifty years.
As the Commission may know, Community Action Agencies are the local
grantees for Community Services Block Grant, and operate under the
Community Services Block Grant Act 1998 Reauthorization, P.L. 105-285.
Required by the legislation is a tripartite Board structure; one third elected
officials, or their designees, one-third low- income representatives, and one third
members of the private/ business community.
EOC is required to document the Commission's appointments to its board. In
past years, Commissioners schedules have not allowed for direct participation
and have appointed designees to serve in their place. EOC respectfully request
consideration of the following individual to appointment for a one-year term:
Grant Gillenwater
EOC appreciates your support and looks forward to working together and
helping those within our community who live in poverty and move towards self-
sufficiency.
Sincerely,
1
Angela avis -Green
Executive Director
Voluntary Pre -K Head Start Community Services
An Equal Opportunity Employer 41
January 11, 2018
Ms. Angela Davis -Green
P.O. Box 2766
Vero Beach, FL 32961
Re: EOC Board Vacancy
Dear Ms. Davis -Green:
Please accept this correspondence as my formal letter of interest to serve on the Board of
Directors of the EOC. After speaking with Mr. Pelaez about the opportunity, I undertook to learn
more about the EOC and their activities within the community. What I discovered was certainly
inspiring. Being in the giving community of Vero Beach, we have such a tremendous opportunity
to reach out and aid at -risk individuals and families. By participating as an active Board Member
I would hope that I can assist in continuing to strengthen existing, and build new, partnerships
which are devoted to the service of those in need.
As a lawyer in this town, who focuses his practice on the representation of those in need, I
have had the unique opportunity to see the community come together to strengthen those who
cannot fight for themselves. I have been involved in many programs which reach out to those in
need and the effects that they have are immeasurable. I sincerely look forward to increasing my
ability to assist those in need and thank you for your consideration to be a member of this Board.
Truly yours,
4
:t�. Gillenwater
42
Grant R. Gillenwater, Esq.
3885 20th Street grant@gravesthomas.com
Vero Beach, FL 32960 815-222-4946
Legal Experience
Graves Thomas Injury Law Group, 2014 -Present
Trial Attorney
- Super Lawyers Rising Star, 2018
- Super Lawyers Rising Star, 2017
Law Office of Theresa 1. Wigginton, P.A., 2012-2014
Trial Attorney
Stetson University College of Law, 2013-2014
Advocacy Skills Trainer
- Coach of 2013 Florida Justice Association Champion Team
Education
Stetson University College of Law, J.D., 2012
- Stetson Law Leadership Development Committee, Chairman
- Georgetown University Law Center Exceptional Advocate Award Recipient
- Victor 0. Wehle Trial Advocacy Award Recipient
Flagler College, B.A., 2009
- Independent Colleges and Universities of Florida, Representative
- Southern Association of Colleges and Schools Re -Accreditation Committee, Board
Member
Bar Admissions
- The Florida Bar
- United States District Court, Middle District of Florida
- United State District Court, Southern District of Florida
Presentations
- Cross Examination and Witness Techniques for the Defendant Physician, Tampa General
Hospital, 2013
- Witness Skills for ER Physicians, Tampa General Hospital, 2014
- Cross Examination and File Review Practice Skills for Physicians, Tampa General Hospital,
2015 - Cross Examination and Witness Techniques for the Defendant Physician, Tampa General
Hospital, 2016
- Defendant Physician Witness Training and Techniques, Tampa General Hospital, 2017
43
Professional Affiliations
- The Florida Bar: Trial Lawyers Section, Member
- Florida Justice Association, Member
- American Association for Justice, Member
- American Bar Association: Litigation Section, Member
- Order of Barristers, Member
-Jimmy Graves Foundation, Advisory Board Member
44
Linda McConkey
5159 N Hwy AlA 315B
Fort Pierce, Florida 34949
October 10, 2017
Dear Board Members:
It is with regret that I tender my resignation from the Economic Opportunities Council
board of directors effective January 1, 2018.
I' am grateful for having had the opportunity to serve on the board of this fine
organization for the past six years, and I offer my best wishes for its continued success.
Sincerely,
Linda McConkey
45
Dylan Reingold, County Attorney
Viilliam K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
8.G
Consent Agenda - B. CC 2.20.18
Office of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: February 8, 2018
SUBJECT: Environmental Liability Insurance Recovery
ATTORNEY
Eisenstein Malanchuk LLP and Nason Yeager Gerson White & Lioce, PA have approached the County
Attorney's Office concerning an opportunity for environmental liability insurance recovery. As these firms
have explained to the County Attorney's Office; insurance policies that are older than twenty-five years did
not include modern environmental insurance exclusions. It is possible to recover for costs related to
environmental contamination such as a landfill contamination plume, on old insurance policies. Thus, if
Indian River County (the "County") has or has had environmental costs resulting from operations that
occurred before 1986, the County may have an opportunity to recover costs under old insurance policies. The
Risk Manager of the City of Orlando told the County's Risk Manager that the City of Orlando was able to
obtain over $300,000 with the help of Eisenstein Malanchuk LLP and Nason Yeager Gerson White & Lioce,
PA.
Eisenstein Malanchuk LLP and Nason Yeager Gerson White & Lioce, PA have offered to do the investigation
into the County's old insurance policies and the environmental costs that have been incurred by the County
to determine if the County is eligible to receive monies from these old insurance policies. Although a contract
has not been presented, Eisenstein Malanchuk LLP and Nason Yeager Gerson White & Lioce, PA have stated
that they would perform such due diligence in exchange for receiving 30% of any potential proceeds.
RECOMMENDATION.
The County Attorney recommends that the Indian River County Board of County Commissioners authorize
the County Attorney to enter into a contract with Eisenstein Malanchuk LLP and Nason Yeager Gerson White
& Lioce, PA for their services in environmental liability insurance recovery with Eisenstein Malanchuk LLP
and Nason Yeager Gerson White & Lioce, PA receiving 30 percent of any proceeds recovered.
F:Ammey1Linda IGEXLRALIRCCAgenda.U/emo:l£mtronmenmlllo6tltylnnrrarse R—ery.&_ 46
CONSENT: February 20, 2018
Office of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: The Board of County Commissioners
FROM: William K. DeBraal - Deputy County Attorney
�l
DATE: February 12, 2018
SUBJECT: Berkley Square Subdivision
Request for 2 -Year Extension to Final Lift of Asphalt Contract
Developer: GHO Berkley Square Corp.
In 2016, GHO Berkley Square Corp., the developer of Berkley Square Subdivision, entered
into a' Contract for Construction for Final Lift of Asphalt, Contract No. SD -04 -07 -31 -FLA
(95080082-72145), posted the required security in the form of cash in the amount of
$20,296.75, and entered into a Cash Deposit and Escrow Agreement for Final Lift of Asphalt
to guarantee completion of the final lift of asphalt. The developer, through its engineer,
indicated that there is ongoing construction within the subdivision, that the replacement/repair
of the cul-de-sac has not been completed as it is expected that the usage of heavy equipment
will likely further damage the road work, and requested that an extension be granted so that
when the majority of the homes have been completed, then the asphalt work will be
completed.
Section 913.10(l)(E) of the County Code states that for good cause shown the Board may in
its discretion grant one or more extensions of time for performance of any contract for
construction of required improvements provided the security supporting such contract remains
valid for the required period following the .newly extended time for performance.
Staff has no objection to a 2 -year extension. Additionally, the developer has paid the required
$660 extension request fee; and has provided its engineer's updated certified cost estimate,
which County engineering has approved. It is noted that the approved amount has not
changed from the approved initial cost estimate.
FUNDING:
There is no cost to be borne by Indian River County with respect to this item.
RECOMMENDATION:
Approve the attached Modification to Contract for Construction for Final Lift of Asphalt,
Contract No. SD -04 -07 -31 -FLA (95080082-72145) to extend the completion date to January
28, 2020, and authorize the Chairman to execute same. It is also noted that the supporting
security in the form of $20,296.75 cash would remain in escrow and continue to be subject to
the terms and conditions of both the Contract, as modified, and Cash Deposit and Escrow
Agreement for Final Lift of Asphalt.
nhm
attachment: Letter Request for Extension
Modification to Contract
2 48
JOSEPH W. SCHULKE, P.E.
10DAH B. BITTLE, P.E.
WILLIAM R STODDARD, Ph.D., P.E.
February 7, 2018
SCHULKE, BITTLE & STODDARD, L.L.C.
CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING
Dan Wittenberg, Engineering Inspector Supervisor
Indian River County Public Works
Engineering Division
1801 27th Street
Vero Beach, FL 32960
Re: Berkley Square
Dear Mr. Wittenberg:
Attached please find an updated cost estimate for the reconstruction of the Samuel Lane cul-de-
sac. GHO Berkley Square Corp. provided a cash surety for two years to guarantee the
replacement / repair of the cul-de-sac. This is a request for an extension of Contract No. SD -
04 -07 -31 -FLA (95080082-72145), Cash Deposit and Escrow Agreement posted by GHO Homes
Corp. in the amount of $20,296.75. Enclosed is a check in the amount of $660.00 for the
extension fee. The replacement / repair of the cul-de-sac has not been completed yet as there
is a lot of construction taking place within the subdivision and the equipment being used will
likely damage the road work. Once the construction of a majority of the homes is near
completion, the asphalt work will be completed.
Please advise if this is request for an extension is acceptable to Indian River County.
S
Ma
cc: Square Corp.
rQ__Perkl(§y
ncy Mossali;-'I Attorn'ey's Office.
1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960
TEL 772 / 770-9622 Fax 772 / 770-9496 EMAIL info@sbsengineers.com
Certification of Authorization No: 00008668
49
Berkley Square Subdivision
MODIFICATION TO
CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT
CONTRACT NO. SD -04 -07 -31 -FLA (95080082-72145)
THIS MODIFICATION, made and entered into this day of
, 2018, by and between GHO Berkley Square Corp., a Florida
corporation, hereinafter referred to as "Developer", and INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, by and through its Board
of County Commissioners, hereinafter referred to as "County".
WITNESSETH:
WHEREAS, Developer entered into a Contract for Construction for Final
Lift of Asphalt, Contract No. SD -04 -07 -31 -FLA (95080082-72145) guaranteeing
the installation of the final lift of asphalt the earlier of 2 years from the project's
Certificate of Completion (January 28, 2016) or 60 days prior to turnover to
homeowner association or prior to certificate of occupancy for the last residence
in this phase of the subdivision; and the Developer posted cash in the amount of
$20,296.75 as security to guarantee completion and entered into a Cash Deposit
and Escrow Agreement For Final Lift of Asphalt; and
WHEREAS, the developer has
requested an additional 2 -year extension to January 28, 2020 to
install the final lift of asphalt, as allowed by code;
2. provided an updated certified cost estimate attached as Exhibit "A"
which amount has been approved by County engineering and did
not change from the initial cost estimate; and
3. paid the required $660.00 extension fee request to County.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as
follows:
1. The date for completion of the final lift of asphalt as outlined in the
Contract for Construction for Final Lift of Asphalt, Contract No. SD -04 -07 -31 -FLA
(95080082-72145) is extended to January 28, 2020.
50
2. The $20,296.75 shall continue to be held in escrow for the guaranty
for the final lift of asphalt and represents 125% of the cost of the final lift of
asphalt to be completed as evidenced by developer's engineer's updated
certified cost estimate as approved by County engineering, attached as Exhibit
3. The extension fee in the amount of $660.00 established by
Resolution No. 2005-041 and pursuant to Section 913.10(1)(G) of the Indian
River County Code has been paid.
4. All other terms set out in the Contract for Construction for Final Lift
of Asphalt, Contract No. SD -04 -07 -31 -FLA (95080082-72145) remain in full force
and effect as well as the Cash Deposit and Escrow Agreement For Final Lift of
Asphalt.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the day and year first above written.
GHO BERKLEY SQUARE CORP., a
Florida corporation DEVELOPER
William Handler, President
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller By:
Peter D. O'Bryan, Chairman
Deputy Clerk BCC approved:
APPROVED AS TO FORM
AN JS FI
CI N Y
BY
WILLIAM K. DE13RAAL
OF-EPUTY COU14TYATTORNEY
2
51
Schulke, Bittle & Stoddard, LLC
Engineer's Site Construction Cost Estimate
For: GHO Berkley Square - Samuel Lane Cul -De -Sac
11/19/2015
PROFESSIONAL
SBS ESTIMATE
Surveying Reset PCP
ITEM
UNIT
QUANTITY
UNIT PRICE
LS 1 $ 500.00
TOTAL
PAVING / GRADING / EARTHWORK
Engineering (Inspection & Certification
LS 1 $ 500.00
$
500.00
Mobilization
LS
1
$ 500.00
$
500.00
5/8" Mill Asphalt Paving
SY
820
$ 2.54
$
2,082.80
3/4" Asphalt Paving (overlay)
SY
820.0
$ 9.03
$
7,404.60
8" Cog uina and Additional Asphalt (repair/ rework
LS
1
$ 5,000.00
$
5,000.00
Subtotal
$
14,987.40
PROFESSIONAL
Surveying Reset PCP
LS 1 $ 250.00
$
250.00
Engineering (Testing)
LS 1 $ 500.00
$
500.00
Engineering (Inspection & Certification
LS 1 $ 500.00
$
500.00
Subtotal
$
1,250.00
TOTAL
Paving / Grading / Earthwork $ 14,987.40
Professional $ 1,250.00
TOTAL $ 16,237.40
Guarantee Bond Amount (125%) $20,296.75 / ( P
I hereby certify thaf-the'total'a nt f 1
by Schulke, 6ittle & Stedd _ LLG''
for the GHOd�erkely S are
✓) r' -
Name:
License #:.
Signature
Date:
I . ' �..
Construction Cost Estimate prepared
lent to complete all required improvements
1-110
EXHIBIT "A"
52
CONSENT: February 20, 2018 91.
Office of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: The Board of County Commissioners
FROM: William K. DeBraal - Deputy County Attorney Kp.
DATE: February 12, 2018
SUBJECT: Lily's Cay At Vero Beach
Request for 1 -Year Extension to Final Lift of Asphalt Contract
Developer: Diamond Court West FL, LLC
In 2016, Diamond Court West FL, LLC, the developer of Lily's Cay At Vero Beach, entered
into a Contract for Construction for Final Lift of Asphalt, Contract No. SD -15 -05 -07 -FLA
(2006030269-74273), posted the required security in the form of cash in the amount of
$58,126.81, and entered into a Cash Deposit and Escrow Agreement for Final Lift of Asphalt
to guarantee completion of the final lift of asphalt. The developer, through its engineer,
indicated that only 40% of the homes have been constructed to date, and has requested a 1 -
year extension to this contract so that the final lift may be laid at approximately 90% - 95%
build -out rather than doing it now and then having to re -do it again at build -out.
Section 913.10(1)(E) of the County Code states that for good cause shown the Board may in
its discretion grant one or more extensions of time for performance of any contract for
construction of required improvements provided the security supporting such contract remains
valid for the required period following the newly extended time for performance.
Staff has no objection to a 1 -year extension. Additionally, the developer has paid the required
$660 extension request fee; and has provided its engineer's updated certified cost estimate,
which County engineering has approved. It is noted that the approved amount has not
changed from the approved initial cost estimate.
FUNDING:
There is no cost to be borne by Indian River County with respect to this item.
53
RECOMMENDATION:
Approve the attached Modification to Contract for Construction for Final Lift of Asphalt,
Contract No. SD -15 -05 -07 -FLA (2006030269-74273) to extend the completion date to
September 13, 2019, and authorize the Chairman to execute same. It is also noted that the
supporting security in the form of $58,126.81 cash would remain in escrow and continue to be
subject to the terms and conditions of both the Contract, as modified, and Cash Deposit and
Escrow Agreement for Final Lift of Asphalt.
nhm
attachment: Letter Request for Extension
Modification to Contract
2 54
MASTELLER & MOLER, INC.
M1 — CIVIL ENGINEERS —
February 2, 2018
Mr. Adam Heltemes, PE
Indian River County Engineering
180127 th Street
Vero Beach, Florida 32960
RE: Final Lift - Asphalt Bond Estimate for Lily's Cay (fka Diamond Court West)
Project No. 2006030269-72385
2006030269-72052 / SP -MA -14-05-11
Indian River County, Florida
Dear Mr. Heltemes:
This letter is intended to serve as a formal request on the behalf of Arland Community
Development ("Developer") for a time extension on the final lift of asphalt for the Lily's Cay (fka
Diamond Court West) project. We have attached the following documents in order to support
the time extension:
1. Two (2) signed & sealed copies of an updated Final Lift Certified Cost Estimate
2. One (1) check for $660.00 for the Extension Request Fee
At this time, only approximately 40% of the homes approved within the project have been built.
The Developer and the Builder, GHO Homes, are in agreement that the final lift of asphalt be
installed once approximately 90%-95% build out has been achieved. We are requesting the
Final Lift —Asphalt Bond be extended for a period of one (1) year.
Please do not hesitate to contact me with any questions you may have.
Sincerely,
TELLER & MOLER, INC.
F 0 20118
Stephen E. Moler, PE
Vice President
SEM/scg
enclosures
cc: Ryan Sweeney, IRC Planning (via E-mail)
Alan Resh (via E-mail)
Will King (via E-mail)
file #1329
(irce_AHeitemes_FinalLiftBondEst 18-0202.doc)
UNTY
tEINGINEERING DIVV SIONI
1655 271' Street, Suite 2 • Vero Beach, Florida 32960 55
Phone: (772) 567-5300 • Fax: (772) 794-1106
mastmolr@bellsouth.net
Lily's Cay At Vero Beach
MODIFICATION TO
CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT
CONTRACT NO. SD -15 -05 -07 -FLA (2006030269-74273)
THIS MODIFICATION, made and entered into this day of
, 2018, by and between Diamond Court West FL, LLC, a Virginia
limited liability company authorized to do business in the State of Florida,
hereinafter referred to as "Developer", and INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, by and through its Board of County
Commissioners, hereinafter referred to as "County".
WITNESSETH:
WHEREAS, Developer entered into a Contract for Construction for Final
Lift of Asphalt, Contract No. SD -15 -05 -07 -FLA (2006030269=74273)
guaranteeing the installation of the final lift of asphalt the earlier of 2 years from
the project's Certificate of Completion (September 13, 2016) or 60 days prior to
turnover to homeowner association or prior to certificate of occupancy for the last
residence in this phase of the subdivision; and the Developer posted cash in the
amount of $58,126.81 as security to guarantee completion and entered into a
Cash Deposit and Escrow Agreement For Final Lift of Asphalt; and
WHEREAS, the developer has
requested an additional 1 -year extension to September 13, 2019 to
install the final lift of asphalt, as allowed by code;
2. provided an updated certified cost estimate attached as Exhibit "A"
which amount has been approved by County engineering and did
not change from the initial cost estimate; and
3. paid the required $660.00 extension fee request to County.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as
follows:
1. The date for completion of the final lift of asphalt as outlined in the
Contract for Construction for Final Lift of Asphalt, Contract No. SDA 5 -05 -07 -FLA
(2006030269-74273) is extended to September 13, 2019.
56
2. The $58,126.81 shall continue to be held in escrow for the guaranty
for the final lift of asphalt and represents 125% of the cost of the final lift of
asphalt to be completed as evidenced by developer's engineer's updated
certified cost estimate as approved by County engineering, attached as Exhibit
"A»
3. The extension fee in the amount of $660.00 established .by
Resolution No. 2005-041 and pursuant to Section 913.10(1)(G) of the Indian
River County Code has been paid.
4. All other terms set out in the Contract for Construction for Final Lift
of Asphalt, Contract No. SD -15 -05 -07 -FLA (2006030269-74273) remain in full
force and effect as well as the Cash Deposit and Escrow Agreement For Final
Lift of Asphalt.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the day and year first above written.
DIAMOND COURT WEST FL, LLC, a
Virginia limited liability company
authorized to do business in the
State of Florida DEVELOPER
printed name:_
title: Manager
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller By:
Peter D. O'Bryan, Chairman
Deputy Clerk BCC approved:
APPRC'VE 0, ,`^ TO FOR!
AND LEq4kL S d f:11f:1V1 I NC
BY
WILLIAM K. DEBRAAL
DEPUTY COUNTY ATTORNEY
2
57
EXHIBIT "A"
MASTELLER & MOLER, INC. _ 2!2!2018
M CIVIL ENGINEERS —
LILY'S CAY AT VERO BEACH
CERTIFIED COST ESTIMATE
FINAL LIFT ASPHALT.-
TOTAL $46,501.451
Surety Amount 125% $58,126.81
CERTIFICATE OF COST ESTIMATE
I, Stephen E. Molt(,,jj R fWa registered engineering, License No. 33193, do hereby certify to Indian River County that a cost estimate has been
prepared updet osRtrn ibCe4diFection for those improvements itemized in this exhibit and that the total cost estimate for said improvements is
$58,126.$f' f9 UrLaT� kprepared to support the requested time extension of one (1) year of the original Final Lift -Asphalt Bond for
the Lily ``a gi FoWild for the purpose of establishing proper surety amounts associated therewith.
No. 33193
0i
StepilentF.`�lole8` t X33 193�'�
Vice ht,
File #1329 1655 27th Street, Suite 2 5g
[Final Lift] Vero Beach, Florida 32960
(1329—FinalLift_P( rf ondEst.-18-0202 (772) 567-5300 Page 1 of 1
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
�,T
Consent Agenda - B. C.C. 2.20.18
Office of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: February 12, 2018
ATTORNEY
SUBJECT: Town of Indian River Shores Reclaimed Water Franchise Agreement
On December 5, 2017, the Indian River County Board of County Commissioners approved the Agreement
for the Delivery of Reclaimed Water Between Indian River County, Florida and John's Island Water
Management, Inc. (the "Agreement"). The Agreement is contingent upon approval of a mutually agreed upon
franchise issued by the Town of Indian River Shores (the "Town"). Indian River County staff has negotiated
with Town staff an acceptable franchise agreement for reclaimed water (the "Franchise Agreement"). The
attached Franchise Agreement grants Indian River County a non-exclusive franchise to construct, maintain,
and operate reclaimed water utility systems within the John's Island community and customers in Indian River
Shores not served by the City of Vero Beach (the "Service Area"). The franchise agreement will be for 25
years. Under the franchise agreement, Indian River County will develop a reclaimed water utility system
infrastructure plan detailing how Indian River County plans to expand and provide reclaimed water to future
users in the Town. The Franchise Agreement also includes a right of first refusal to serve reclaimed water
within the Service Area. Under the right of first refusal, Indian River County will have the right to serve any
portion of the Service Area, so long as Indian River County is able to design the infrastructure improvements
necessary for such service within five years of the effective date of the Franchise Agreement, or within two
years of receiving a request for service within the Service Area, if that request occurs five years after the
effective date of the Franchise Agreement. The Town will be considering the attached Franchise Agreement
at its meeting scheduled for 2 pm on February 20'h.
RECOMMENDATION.
The County Attorney recommends that the Indian River County Board of County Commissioners approve the
reclaimed water franchise agreement with the Town of Indian River Shores and authorize the Chair to execute
the franchise agreement.
ATTACHMENTS
Proposed Reclaimed Water Franchise Agreement
Agreement for the Delivery of Reclaimed Water Between Indian River County, Florida and John's Island
Water Management, Inc.
F.Urto.neyVndaIGENERALIB C CUgendaMemwudian RiverShores?e 1,imed{Vm rFm hire Ag --d= 59
RECLAIMED WATER FRANCHISE AGREEMENT
BETWEEN
THE TOWN OF INDIAN RIVER SHORES, FLORIDA
AND
INDIAN RIVER COUNTY, FLORIDA
THIS RECLAIMED WATER FRANCHISE AGREEMENT (hereinafter "Franchise
Agreement") is entered into as of the day of , 201 , (hereinafter
"Effective Date") by and between the Town of Indian River Shores, Florida (hereinafter
"INDIAN RIVER SHORES") and Indian River County, Florida (hereinafter "COUNTY").
WHEREAS, INDIAN RIVER SHORES is a municipal corporation duly
incorporated, validly existing, and in good standing under the laws of the State'of Florida,
with all governmental, corporate, and proprietary powers to enable it to conduct municipal
government, perform municipal functions, and render municipal services and, consistent
therewith, has the power and authority to execute and deliver this Franchise Agreement
and to carry out its obligations hereunder; and
WHEREAS, COUNTY is in the business of furnishing, inter alia, reclaimed water
utility services; and
WHEREAS, INDIAN RIVER SHORES and the City of Vero Beach entered into a
Water, Wastewater, and Reuse Water Franchise Agreement, dated October 1, 2012,
("Vero Beach Franchise Agreement") for the City of Vero Beach to provide water,
wastewater and reclaimed water utility services within the corporate limits of INDIAN
RIVER SHORES; and
WHEREAS, pursuant to the Vero Beach Franchise Agreement, INDIAN RIVER
SHORES has the right to grant non-exclusive reclaimed water franchises to customers
not currently being served by the City of Vero Beach and reclaimed water franchises
within the John's Island community; and
WHEREAS, COUNTY and John's Island Water Management, Inc. and COUNTY
have entered into an Agreement for the Delivery of Reclaimed Water Between Indian
River County, Florida and John's Island Water Management, Inc., dated December 5,
2017, (the "Agreement") for a twenty-five year term,
NOW, THEREFORE, in consideration of the foregoing and the mutual benefits to
be derived from compliance by the parties with the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the parties, the parties agree as follows:
Section 1. Adoption of "Whereas" Clauses. The foregoing "Whereas" clauses are
adopted and incorporated herein.
Page 1 of 7
60
Section 2. Conditions Precedent. Notwithstanding anything to the contrary contained
herein, this Franchise Agreement shall not become effective until and unless the
appropriate franchise ordinance or resolution is formally adopted by the Town Council of
INDIAN RIVER SHORES approving this Franchise Agreement and granting to COUNTY
the Franchise contemplated herein.
Section 3. Franchise Grant. INDIAN RIVER SHORES hereby grants to COUNTY, with
all rights and privileges attendant thereto, a non-exclusive Franchise to construct,
maintain, and operate reclaimed water utility systems within the John's Island community
and customers not served by the City of Vero Beach ("Service Area"). Such reclaimed
water utility systems shall consist of all reclaimed water facilities (including, pipes, fixtures,
mains, valves, meters, tanks, lift stations, etc., and telephone and electric lines for water,
wastewater, and reclaimed water utility system use) for the purpose of supplying
reclaimed water utility service to the Service Area and the inhabitants thereof.
Section 4. Franchise Term and Renewal. The term of this Franchise Agreement and
the Franchise granted hereunder shall be for a period of Twenty-five (25) years
commencing on the Effective Date. This Franchise Agreement shall automatically renew
for an additional 25 years unless either party provides notice to the other party of its intent
to terminate this Franchise Agreement at least 4 years prior to the expiration of this
Franchise Agreement.
Section 5. Utility Rates and Fees. Except as set forth in the Agreement, the rates for
reclaimed water utility services established and charged by COUNTY for customers within
the Service Area shall be no greater than the rates for such utility services as published
by the COUNTY for the various rate classifications served. Likewise, any and all other
fees and charges established and imposed by COUNTY shall correspond to such fees
and charges assessed by COUNTY and shall be no greater that those imposed by
COUNTY in each rate classification. The foregoing rates, fees, and charges shall be
adopted and applied to each customer's utility billing commencing with the customer's
first utility bill that is produced subsequent to Thirty (30) days from the Effective Date.
The rates, fees, and other charges assessed shall be adjusted by COUNTY at the same
time as any other adjustment made by COUNTY of its corresponding charges and fees.
COUNTY shall provide the Town Manager of INDIAN RIVER SHORES for review and
comment any proposed rate or fee adjustments no less than Thirty (30) days before the
adjustment is scheduled to go before the COUNTY Board of County Commissioners City
for consideration. Notwithstanding any of the foregoing language to the contrary, all rates,
fees and regulations established by COUNTY shall be otherwise reasonable, and the
rates and fees charged by COUNTY shall at all times be subject to such regulation as
may be provided by state law. Further, the parties recognize that the right to establish
and regulate reclaimed water rates, impact fees, service policies or other rules or
regulations, and the construction, operation or maintenance of the reclaimed water utility
system shall be vested solely in COUNTY, except as such may be otherwise subject to
the applicable laws of the Federal Government and the State of Florida or the provisions
of this Franchise Agreement.
Page 2 of 7
61
Section 6. Developer Agreements. COUNTY shall have the authority to enter into
agreements with developers of real estate projects and other consumers within the
Service Area. Developer agreements entered into by COUNTY shall be fair, just, and
non-discriminatory, and generally have the same content as developer agreements for
projects within the unincorporated areas of the COUNTY and shall require consent of
INDIAN RIVER SHORES. Such agreements may include but are not limited to provisions
relating to:
(a) Advance payment of contributions in aid of construction to finance water,
wastewater, or reclaimed water utility system expansion and/or extension.
(b) Revenue guarantees or other such arrangements as may make the
expansion/extension self supporting.
(c) Capacity reservation fees.
(d) Pro rata allocation of water and wastewater plant expansion/main extension
charges between two or more developers.
Section 7. Franchise Service Area Boundary Changes. The Service Area covered by
this Franchise Agreement may be expanded or contracted to include or exclude lands by
amendments between INDIAN RIVER SHORES and COUNTY approved by the INDIAN
RIVER SHORES Town Council and the COUNTY Board of County Commissioners.
Section 8. Easements and Other Rights. COUNTY shall have all rights, privileges,
easements, licenses, leaseholds, prescriptive rights, and rights to use public and private
roads, rights-of-way, highways, streets, and other areas owned, held, and/or used in
connection with the construction, reconstruction, installation, maintenance, and operation
of the reclaimed utility systems (collectively "Easements"). INDIAN RIVER SHORES will
assist COUNTY in obtaining any such Easements needed by COUNTY for performance
of this Franchise Agreement. Any expense incurred by INDIAN RIVER SHORES in
providing such assistance shall be reimbursed by COUNTY.
Section 9. Consideration. In consideration of the Franchise and the other rights and
privileges granted herein to COUNTY, COUNTY shall provide, at its own expense,
maintenance, repairs, and replacements of the reclaimed water utility facilities used by
COUNTY in its performance of this Franchise Agreement.
Section 10. Service Standards. COUNTY shall construct, maintain, and operate all
reclaimed water facilities and systems in accordance with the applicable regulations of
the Federal Government and the State of Florida, as well as meet all level -of -service
standards pursuant to applicable comprehensive plans.
Page 3 of 7
62
Iria.l2�si�
Section 11. Manner of Service. In performance of this Franchise Agreement COUNTY
shall:
(a) Provide reclaimed water utility services to customers in the Service Area.
(b) Operate, regularly maintain, and promptly repair when necessary the
reclaimed water utility facilities and systems in order to continue adequate service to the
Service Area.
(c) Deal with customers in the Service Area in a manner no less favorable than
COUNTY's dealings with its customers served.
Section 12. Capital Improvement Plan. COUNTY shall annually provide the draft of its
detailed Five (5) year capital improvement plan, specific to reclaimed water utility systems
within the Service Area, to the INDIAN RIVER SHORES Town Manager and Town
Planner for review and comment. Such comments shall be provided to COUNTY within
Thirty (30) days for consideration in its completion of the capital improvement plan, which
plan shall thereafter be provided to INDIAN RIVER SHORES Town Manager.
Section 13. Reclaimed Water Utility System Infrastructure Plan. Within three years
of the Effective Date of this Franchise Agreement, COUNTY shall prepare a reclaimed
water utility system infrastructure plan detailing how COUNTY plans to expand and
provide reclaimed water to future users in INDIAN RIVER SHORES.
r I
Section 14. Right of First Refusal. COUNTY shall have the right of first refusal to serve
laimed water within the Service Area. Under the right of first refusal, COUNTY s I
have right to serve any portion of the Service Area, so long as COUNTY is le to
design the ' astructure improvements necessary for such service within five ars of the
Effective Date is Franchise Agreement and substantial) com le construction of
said infrastructure im vements within three years of design co etion. If COUNTY
receives a request for serve within the Service Area five v s after the Effective Date
of this Franchise Agreement, COQNTY shall have the t to serve any portion of the
Service Area so long as COUNTY i ble to des6n the infrastructure improvements
necessary for such service within two yea receiving such request for service and
substantiallV_ completes construction of -s -aid jhfrastructure improvements within three
of desian
gFeement. No otherity may provide service in the Servic rea, unless a request
has beenprovide COUNTY and COUNTY is unable to meet the uirements of this
section. If a other entity is granted the right to service reclaimed water WK4in a portion
of the ice Area and is unable to design such services within two years, COUNTY
shanave the right to provide reclaimed to that portion of the Service Area. _J
Section 15. Location of Facilities. All reclaimed water utility system facilities shall be
so located and so constructed as to interfere as little as practicable with traffic over the
streets, alleys, bridges, and public places, and with reasonable egress from and ingress
Page 4 of 7
Section 11. Manner of Service. In performance of this Franchise Agreement COUNTY
shall:
(a) Provide reclaimed water utility services to customers in the Service Area.
(b) Operate, regularly maintain, and promptly repair when necessary the
reclaimed water utility facilities and systems in order to continue adequate service to the
Service Area.
(c) Deal with customers in the Service Area in a manner no less favorable than
COUNTY's dealings with its customers served.
Section 12. Capital Improvement Plan. COUNTY shall annually provide the draft of its
detailed Five (5) year capital improvement plan, specific to reclaimed water utility systems
within the Service Area, to the INDIAN RIVER SHORES Town Manager and Town
Planner for review and comment. Such comments shall be provided to COUNTY within
Thirty (30) days for consideration in its completion of the capital improvement plan, which
plan shall thereafter be provided to INDIAN RIVER SHORES Town Manager.
Section 13. Reclaimed Water Utility System Infrastructure Plan. Within three years
of the Effective Date of this Franchise Agreement, COUNTY shall prepare a reclaimed
water utility system infrastructure plan detailing how COUNTY plans to expand and
provide reclaimed water to future users in INDIAN RIVER SHORES.
Section 14. Right of First Refusal. COUNTY shall have the right of first refusal t _serve
recl ed water within the Service Area. Under the right of first refusal) shall
have the t to serve any portion of the Service Area, so Ion COUNTY is able to
design the infras re improvements necessary fPtwo
ch�ithin five years of the
Effective Date of this Fra ise Agreement, or w' iyears of receiving a request for
service within the Service Area, ' at re st occurs five years after the Effective Date
of the Franchise Agreement. No of i may provide service in the Service Area,
unless a request has been provided to COGN and COUNTY is unable to meet the
requirements of this sec' If any other entity is gran , the right to service reclaimed
water within a p n of the Service Area and is unable to de 'gra such services within
two year , -COUNTY shall have the right to provide reclaimed to that portibn-of_th_e Service
Section 15. Location of Facilities. All reclaimed water utility system facilities shall be
so located and so constructed as to interfere as little as practicable with traffic over the
streets, alleys, bridges, and public places, and with reasonable egress from and ingress
to abutting property. The location or relocation of all such facilities shall be made under
the supervision and with the approval of such representatives as the governing body of
INDIAN RIVER SHORES may designate for the purpose, but not so as unreasonably to
interfere with the proper construction, maintenance, repair, or operation of the reclaimed
water utility systems by COUNTY. When any portion of a street is excavated by COUNTY
in the location or relocation of any utility facilities, the portion of the street so excavated
Page 4 of 7
63
r«iaLAvI si6-Y'LD
Section 11. Manner of Service. In performance of this Franchise Agreement COUNTY
shall:
(a) Provide reclaimed water utility services to customers in the Service Area.
(b) Operate, regularly maintain, and promptly repair when necessary the
reclaimed water utility facilities and systems in order to continue adequate service to the
Service Area.
(c) Deal with customers in the Service Area in a manner no less favorable than
COUNTY's dealings with its customers served.
Section 12. Capital Improvement Plan. COUNTY shall annually provide the draft of its
detailed Five (5) year capital improvement plan, specific to reclaimed water utility systems
within the Service Area, to the INDIAN RIVER SHORES Town Manager and Town
Planner for review and comment. Such comments shall be provided to COUNTY within
Thirty (30) days for consideration in its completion of the capital improvement plan, which
plan shall thereafter be provided to INDIAN RIVER SHORES Town Manager.
Section 13. Reclaimed Water Utility System I nfrastructure Plan. Within three
years of the Effective Date of this Franchise Agreement, COUNTY shall prepare a
reclaimed water utility system infrastructure plan detailing how COUNTY plans to
�-e-xpand and provide reclaimed water to future users in INDIAN RIVER SHORES.
F Section 14. Right of First Refusal. COUNTY shall have the right of first refusal to serve]
reclaimed water within the Service Area. Under the right of first refusal, COUNTY shall
have the right to serve any portion of the Service Area, so long as COUNTY is able to
design the infrastructure improvements necessary for such service within five years of the
Effective Date of this Franchise Agreement and substantially complete construction
of said infrastructure improvements within fivet-hree years of permit issuance by the
Florida Department of Environmental Protection . If COUNTY receives a
request for service within the Service Area five years after the Effective Date of this
'Franchise Agreement. COUNTY shall have the right to serve any aortion of the
Service Area, so lonq as COUNTY is able to design the infrastructure
improvements necessary for such service within two years of receiving such
request for service and substantially comaletes construction of said
infrastructure improvements within five three years of permit issuance by the Florida
Department of Environmental Protectiondesign ^^''' plethen, or vithin DNo years of
receiving a request for service \Vwithin the Service Area, if that request occurs five
years after the Effective Date of the Franchise Agreement. No other entity may
provide service in the Service Area, unless a request has been provided to
COUNTY and COUNTY is unable to meetthe requirements of this section. If any other
entity is granted the rig htto service reclaimed water within a portion of the Service Area
and is unable to design such services within two years, COUNTY shall have the right I
I to provide reclaimed tothat portion oftheServiceArea. J
Section 15. Location of Facilities. All reclaimed water utility system facilities shall be
so located and so constructed as to interfere as little as practicable with traffic over the
streets, alleys, bridges, and public places, and with reasonable egress from and ingress
Page 4 of 7 60 —�
To
shall, within a reasonable time and as early as practicable after such excavation, be
replaced by COUNTY at its expense, and in as good condition as it was at the time of
such excavation. Provided, however, that nothing herein contained shall be construed to
make INDIAN RIVER SHORES liable to COUNTY for any cost or expense in connection
with the construction, reconstruction, repair or relocation of the utility facilities in streets,
highways, or other public places made necessary by the widening, grading, paving or
otherwise improving by INDIAN RIVER SHORES of any of the present or future streets,
avenues, alleys, bridges, highways, easements, or other public places used or occupied
by COUNTY, except, however, COUNTY shall be entitled to reimbursement of its costs
as may be provided by law.
Section 16. Liability and Indemnification. INDIAN RIVER SHORES shall in no way be
liable or responsible for any accident or damage that may occur in the construction,
installation, maintenance, or operation by COUNTY of the reclaimed water facilities
hereunder, and the acceptance approval of this Franchise Agreement by COUNTY shall
be deemed an agreement on the part of COUNTY to indemnify and hold INDIAN RIVER
SHORES harmless against any and all liability, loss, cost, damage, or expense which
may accrue to INDIAN RIVER SHORES by reason of the negligence or misconduct of
COUNTY in its performance of such construction, installation, maintenance, repair, or
operation of the reclaimed water systems pursuant to this Franchise Agreement (but
excluding to the extent any such claim is based on the negligence of INDIAN RIVER
SHORES), including but not limited to attorneys' fees, experts' fees, and costs incurred
for defending any and all such claims or suits against INDIAN RIVER SHORES, through
trial and all appellate proceedings and proceedings for determination of entitlement to
and amount of such fees and costs. Such indemnification obligation of COUNTY shall
survive expiration or termination of this Agreement for any covered claim accruing prior
to such expiration or termination. However, such obligation to indemnify INDIAN RIVER
SHORES shall be subject to the limitations set forth in section 768.28, Florida Statutes,
as may be applicable.
Section 17. Assignment. COUNTY may assign this Franchise Agreement and the
Franchise, provided that such assignee assumes all the obligations of COUNTY
hereunder and such assignment is approved by INDIAN RIVER SHORES, whose
approval shall not be unreasonably withheld.
Section. 18. Time of the Essence. Time is of the essence in the performance of each
and every provision of this Franchise Agreement.
Section 19. Acts of God. Provisions herein to the contrary notwithstanding, COUNTY
shall not be liable for the non-performance or delay in performance of any of its obligations
undertaken pursuant to the terms of this Franchise Agreement, where said failure or delay
is due to any cause beyond COUNTY's control including, without limitation, "Acts of God,"
unavoidable casualties, and labor disputes.
Page 5 of 7
64
Section 20. Notices. Any delivery of notice required or permitted to be made hereunder
may be made by personal delivery, courier, or mailing a copy thereof addressed to the
appropriate party as follows:
If to INDIAN RIVER SHORES Town Manager
Town of Indian River Shores
6001 N. Highway A -1-A
Indian River Shores, Florida 32963
If to COUNTY Director of Utilities
1801 27th Street
Vero Beach, FL 32960
Delivery when made by registered or certified mail shall be deemed complete upon
mailing.
Section 21. No Waiver. The failure of either party hereto to enforce any of the provisions
of this Franchise Agreement or the waiver thereof in any instance by either party shall not
be construed as a general waiver or relinquishment on its part of any such provisions, but
the same shall, nevertheless, be and remain in full force and effect.
Section 22. Binding Affect. All of the provisions of this Franchise Agreement shall be
binding upon and inure to the benefit of and be enforceable by the legal representatives,
successors, assigns, and nominees of the parties.
Section 23. Governing Law; Venue; Attorney Fees. This Franchise Agreement shall
be construed, governed, and interpreted according to the laws of the State of Florida.
Venue for resolution of any dispute arising under this Franchise Agreement or the
Franchise shall be in Indian River County, Florida. The parties shall each bear their own
attorney fees in any dispute arising under this Franchise Agreement.
Section. 24. Entire Agreement; Amendments. This instrument constitutes the entire
agreement between the parties and supersedes all previous discussions,
understandings, and agreements between the parties relating to the subject matter of this
Franchise Agreement. Amendments to and waivers to the provisions of this Franchise
Agreement shall be made by the parties only in writing by formal amendment. This
Franchise Agreement may be executed in separate counterparts, each of which shall be
deemed to be an original and all of which together shall constitute one and the same
instrument.
SIGNATURE PAGE FOLLOWS
Page 6 of 7
65
IN WITNESS THEREOF, the parties have set their hands and seals the date
entered below.
ATTEST:
Laura Aldrich
Town Clerk
(SEAL)
TOWN OF INDIAN RIVER SHORES
Mayor
Date:
Reviewed as to form and legal
sufficiency:
Chester Clem
Town Attorney
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By:
Peter D. O'Bryan, Chairman
Date:
Approved by BCC:
ATTEST:
Jeffrey R. Smith, Clerk of Circuit Court and
Comptroller
By:
Deputy Clerk
APPROVED BY:
Jason E. Brown, County Administrator
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Dylan Reingold, County Attorney
Page 7 of 7
66
AGREEMENT FOR THE DELIVERY OF RECLAIMED WATER
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
JOHN'S ISLAND WATER MANAGEMENT, INC.
THIS AGREEMENT ("Agreement") is made this 5th day of December 2017 (the
"Effective Date'D by and between INDIAN RIVER COUNTY, a political subdivision of the. State of
Florida, the address of which is 1801 2Th Street, Vero Beach, Florida 32960 (hereinafter the COUNTY)
and JOLT'S ISLAND WATER MANAGEMENT, INC., a Florida Not -For -Profit Corporation, the
address of which is 1 Turtle Beach Road, Vero Beach, Florida 32963 (hereinafter JIWM).
►a�_MM_11,1•Y•DOMIA
WHEREAS, the COUNTY operates and maintains publicly owned wastewater treatment
facilities which are capable of producing irrigation quality wastewater effluent (hereinafter referred to as
"Reclaimed Water", "Reuse Water" or "IQ Water") as that term is defined by the Florida Department of
Environmental Protection (FDEP) for use on grass, woodlands, landscape, pastures, golf courses and
other types of approved vegetation; and;
RI-iEREAS, JIWM's service area is described in Exhibit `A' (the "Property's. attached hereto:
and
WHEREAS, JIWM desires to utilize reclaimed water and JIWM is required to accept reclaimed
water in. accordance with the terms of this Agreement, FDEP regulations and the St. Johns River Water
Management District.(SJRWMD) Consumptive Use Permit; and
WHEREAS, JIWM acknowledges that COUNTY will need to upgrade the COUNTY
infrastructure to accommodate the supply of reclaimed water;
NOW THEREFORE, in consideration of the mutual undertakings herein and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as
follows:
Section 1. Delivery and Acceptance:
(a) The COUNTY will deliver and HWM agrees to receive reclaimed water at JIWM's property
line at a mutual .agreeable point. HWM, at its own expense, shall install the transmission line, control
valves, metering, remote monitoring & telemetry system, and associated appurtenances from the
COUNTY's reclaimed water main located at the corner of 7r Street and Old Dixie Highway.
(b) JIWM shall install a reclaimed water flow monitoring and recording device (hereinafter
referred to as a "reclaimed meter") to monitor the volume of reclaimed water delivered to JIWM. The
reclaimed meter will be installed at a mutually agreed upon location on JIWM's property. The
COUNTY shall be granted reasonable access to the reclaimed water system and related appurtenances.
The .reclaimed water system components shall be reviewed and approved by the COUNTY prior, to
installation.
(c) RWM covenants that it shall not directly discharge reclaimed water into any water body of
the State of Florida other than to the impoundments owned and maintained. by JIWM. JIWM shall take
Page 1 of 8 67
\\HPOASERVER\RedimacEoWus\ im.MolleAMy Do entsVIWKfReWX RemeTinal JdWs Wand Reuse IRC Agreem d (3) 10_3 I?0171RC.doc
reasonable precaution to prevent the use of reclaimed water received as potable water. Signs shall be
strategically posted in accordance with the Florida Administrative Code. JIWM's reclaimed water
facilities shall be operated, maintained, and administered in a manner which adheres to the codes,
standards, and guidelines established by the COUNTY and the respective regulatory agencies.
(d) JIWM shalt use the reclaimed water to irrigate the Property in a manner consistent with all
Federal, State and local laws and regulations. JIWM shall file a written plan (IQ Protocol or Reclaimed
Water Use Protocol) with SJRWMD, FDEP and the COUNTY, which outlines the intended use of the
reclaimed water. The Protocol shall be updated and amended in writing whenever the intended use
materially changes. JIWM shall strictly comply with all Federal, State and local regulations with respect
to the discharge of any reclaimed water into State of Florida waters.
Section 2 COUNTY's Liability for Failure to Deliver Reclaimed Water:
(a) JIWM understands and acknowledges that the COUNTY will not guarantee. the delivery of a
set amount of reclaimed water.
(b) JIWM further agrees that the COUNTY shall not be held liable to JIWM for any damages or
expenses incurred by JIWM because of the COUNTY's failure to deliver reclaimed water.
Section 3. JIWM's Obligations:
(a) Unless otherwise noted, JIWM shall prepare at its owri expense; plans, specifications,
agreements, advertisement and general conditions, hereinafter referred to has the "contract documents"
for the lines and facilities necessary to deliver the reclaimed water from the COUNTY's reuse storage
and repump facility located at 7714 Street to the reclaimed water meter serving the Property. JR M must
obtain COUNTY approval for all plans and specifications prior to submittal to the permitting agencies.
JIWM shall be responsible for all costs associated with the design and permitting and construction of the
facilities not on the Property (which includes but is not limited to transmission lines, reclaimed meter,
and associated appurtenances) whether designed, permitted or constructed by JIWM or the COUNTY.
(b) The design, permitting, construction, operation and maintenance of all on-site reclaimed
water facilities which .are .on the Property (including but not limited to reclaimed water meter,
transmission lines, pumps, valves, storage facilities, and irrigation equipment) shall be JIWM's sole
responsibility and expense. All construction of on-site reclaimed water lines and facilities up to the
irrigation system shall be subject to COUNTY review and approval.
(c) JIWM shall comply with reasonable requests .by the COUNTY concerning on-site operations
and maintenance including but not limited to all FDEP and SJRWMD regulations relating to reporting
requirements, signs, spraying, and color-coding of reclaimed water equipment.
(d) JIWM shall be deemed in possession of the reclaimed water on RWM's side of the reclaimed
water meter, however JIWM, shall not be deemed to own the reclaimed water and the right to transfer or
sell the reclaimed water is limited. JIWM may 'not transfer or sell the reclaimed water to any partyy for.
use offsite of the Property without written permission from the COUNTY, which permission shall not be
unreasonably withheld.
(e) JIWM may change the location of the site or sites where the reclaimed water is applied
provided such change does not interrupt nor diminish RWM's ability to accept all of the reclaimed water
and such change remains in compliance with all Federal, State and local regulations and the terms and
conditions of this Agreement.
Page 2 of 8 (g
IWOASERVER1Reducateffoldcs\Ym Mdllee MyDoainems\M M 61eVRC ReuwWinai ]ofm t Wand Reuse IRC Agreement (3) 10 31 2017IRC.doc
(f) JIWM shall convey to the COUNTY a non-exclusive easement for the reclaimed water meter
site and the reclaimed water system. In addition, JIWM shall grant to the COUNTY a non-exclusive
ingress -egress easement necessary for the COUNTY to install, maintain, operate and monitor. the
reclaimed water meter and reclaimed water system.
(g) JIWM shall be responsible for obtaining. all construction and operating permits required for
the construction, delivery, use, monitoring and storage. of the reclaimed water.
(h) After the COUNTY's final inspection of the .off-site reclaimed water facilities for
conformance with the approved plans and specifications, JIWM shall convey all the off-site facilities to
the COUNTY. The conveyance shall include, but not be limited to the following documents, in a form
acceptable to the COUNTY:
1) Bill of Sale
2) Grants of Easements
3) Maintenance Bond
4) Record Drawings (hard copy and electronic format - AutoCAD rel. 14.0)
Section 4. Quality of Reclaimed Water:
The COUNTY will provide reclaimed water meeting the standards set forth by the FDEP as
defined in the COUNTY's Wastewater Treatment Facility (WWTF) Operating Permit Reclaimed Water.
Sampling for conformance with reclaimed water quality shall be performed at the location and frequency
defined in the FDEP WWTF Operating Permit. Only reclaimed water meeting FDEP water quality
standards will be delivered to JIWM.
Section 5. Property to be Served:
JIWM shall use the reclaimed water only on the Property.
Section 6. Use of Other Water Resources
Notwithstanding anything to the contrary herein, JIWM shall, subject to. the terms of the
Consumptive Use Permit, FDEP Permit, NPDES Permit and regulatory agency permitting, have the right
to use groundwater and stormwater for irrigation to the extent there is insufficient reclaimed water
available.
Section 7. Fees and Charges:
(a) Upon satisfaction of all of the requirements set forth in section :3 above, JIWM shall begin
paying the current established base rate for reclaimed water delivered to the Property.
(b) The COUNTY shall have the sole and exclusive right to set fair and reasonable fees and
charges for reclaimed water (usually expressed in terms of dollar amount per thousand gallons). The
reclaimed water fees and charges may be changed at any time atthe sole discretion of the COUNTY and
such charges shall apply to JIWM and this Agreement at the time of such change. The COUNTY shall
use reasonable efforts to set the reclaimed water fees and charges such that they are sufficient to cover
the .total cost of providing reclaimed water and that such costs reflect the :appropriate allocation of
expenses between the provisions of reclaimed water and the associated wastewater treatment costs.
However, rates paid by JIWM during the initial 25 -year term shall be reduced by 50% of current base
rate for the first one million gallons delivered daily.
(c) The County agrees to credit JIWM's monthly reclaimed water bill 20% of the current base
rate_ for any reclaimed water sold to others through the JIWM constructed pipeline, however in no event
shall the credit, under this subsection, exceed the amount billed to JIWM for the month.
Page 3 of 8 69
XVWOASERVEt Rc(rernteMoldersXrun.MolfwWyDommentsUIWM McN]RC Rwi Mnsl John's Island Reuse -IRC Agoement (3) IO_31 2017MQdoe
(d) JIWM shall be invoiced according to the COUNTY's normal billing practices for water
customers. JIWM shall pay interest at the rate in place at the time of any past due amounts from the date
the amount came due until the date paid. Written or verbal notice of delinquency is not required for the
interest to accrue.
Section 8. Volume Allocation:
The COUNTY will attempt to allocate to JIWM an average daily flow of one million gallons per
day. This allocation is non-binding and non -committal. JIWM shall control the volume of reclaimed
water accepted, stored and utilized by JIWM. Notwithstanding anything to the contrary, JIWM is not
obligated to accept reclaimed water which does not meet FDEP standards or any time HWM's reclaimed
water impoundment is at capacity. JIWM agrees that the use of reclaimed water shall take precedence
over any other irrigation water source including storm water and groundwater.
Section 9. Term:
The term of this Agreement is twenty-five (25) years beginning on the Effective Date, as
provided above. This Agreement shall be renewed automatically for successive terms at the expiration of
any preceding term, unless the Town of Indian River Shores franchise expires or any party notifies the
other of cancellation by written notice not less than 180 consecutive calendar days in advance of the
expiration date of the preceding term. The Term of this Agreement shall run concurrently with the
COUNTY's Regional Wastewater Treatment Facility FDEP Operating Permit serving the area.
Section 10. No Direct Offsite Discharge:
JIWM covenants that it shall not directly discharge reclaimed water into any body of water in the
State of Florida other than the ponds or lakes (impoundments) owned by JIWM.. JIWM will take all
reasonable precautions to prevent the use of reclaimed water received as potable water. "Reclaimed
Water in Use" warning signs shall be posted in strategic places to prevent consumption of the water.
Sign location and color of the posted signs shall be in conformance with FDEP regulations. In addition,
exposed reclaimed water. piping shall be painted `Panton Purple 522C'.
Section 11, Reclaimed Water Use Permits:
JIWM shall obtain FDEP and all other approvals to deliver and apply reclaimed water to the
Property. If, through no fault of the parties involved, any federal, state or local government or agency
(excluding the COUNTY) :fail. to issue necessary permits, grant necessary approvals, or require a material
change in the system, then to the extent necessary and if possible; the parties agree to negotiate an
amendment to the Agreement to reflect the change in condition. If it becomes impossible or
,impracticable to perform under the terms of this Agreement because of the above, then this Agreement
shall terminate and the parties shall have no further obligations to the other.
Section 12. Town of Indian River Shores Franchise
This Agreement .is contingent upon approval of a mutually agreed upon 25 -year franchise, for the
COUNTY by the Town of Indian River Shores.
Section 13. Amendment:
A written instrument executed by the party or parties to be bound thereby may only amend this
Agreement.
Section 14: Assignability:
Either party :may assign this Agreement, however, the rights granted herein shall run with the
land and are not considered the personal property of JIWM. Therefore, while JIWM has theright under
Page 4of% 70
kVWOASERVM\Re&remedFoldcm\rm.Mollei\MyDowmentsVIWMSIeMRCReasdGnal7oWsIsland Reuse IRC Agreement (3)10 31 Z017]RC.doe
this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall
not have the right to use the reclaimed water anywhere but on the property unless this Agreement is
amended in writing by the assignee and the COUNTY to provide otherwise.
Section 15. Authority
Each party hereto represents and warrants to the other that the execution of this Agreement and
any other documents required or necessary to be executed pursuant to the provisions hereof are valid,
binding obligations and are enforceable in accordance with their terms.
Section 16. Captions:
Captions, if included, in this Agreement are included for convenience only and are not to be
considered in any construction or interpretation of this Agreement or any of its provisions.
Section 17. Definition
All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as
the identity of the party or parties may require.
Section 18. Entire Agreement:
This Agreement embodies the entire agreement between the parties relative to the subject matter
hereof, and there is no oral or written agreements between the parties, nor any representations made by
either party relative to the subject matter hereof, which are not expressly set forth herein.
Section. 19. Governing Law & Jurisdiction:
This Agreement shall be governed by the laws of the State of Florida and the laws of the United
States pertaining to transactions in such State and all actions arising out of this Agreement shall be
brought .in Indian River County. All of the parties to this agreement have participated freely in the
negotiation and preparation hereof; accordingly, this Agreement shall not be more strictly construed
against any one of the parties hereto.
Section 20. Multiple Counterparts:
This Agreement may be executed in a number of identical counterparts which, taken together,
shall constitute collectively one (1) agreement; but in making proof of this Agreement,, it shall not be
necessary to produce or account for more than one such counterpart executed by the party to be charged.
Section 21. Recording �ofAgreement:
The Agreement shall be recorded in the public records of Indian River County. The obligations
defined in this Agreement shall be a condition, which shall ran with the land and shall bind subsequent
owners of the Property for the term of this Agreement. HWM shall pay for the cost of recording.
Section 22. Severability/ Invalid Provision:
If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or
future laws, such provision shall be fully severable; this. Agreement shall be construed and enforced as if
such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the
remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by
such illegal, invalid, or unenforceable provision or by its severance from this Agreement.
Section 23. Time of Essence:
Time is of the essence of this Agreement; however, if the final date of :any period which is set out
in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the
United States or the State of Florida, then, in such event, the time of such period shall be extended to the
Page. 5 of 8 71
X\MASERYER%edirwedroidersUm.MoRuWty Doc=entsVIMM filcURC Rmse)Fmei JohA Island Raur MC Agreement (3)10 31 20t7iRC.doe
next day which is not a Saturday, Sunday or legal holiday.
Section 24. Effective Date. This Agreement shall become effective upon execution of the parties.
IN WITNESS WHEREOF, the COUNTY and JiWM have accepted, made and executed this Agreement
upon the terms and conditions above stated on day and year first above written.
By: 6(_A4o_1k
544AA
Witnees's (signature) r9
Printed Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
or who has produced
(Notary Stamp)
ATTEST: Jeffrey R. Smith, Clerk of
Court and Comptroller
BY:
Deputv Clerk
President
John's Island Water Management, Inc.
Printed Name
1 / day of 1)W' 12017. by _
who is uersonally known to me
Commission -Number: _
Commission Expiration:
BOARD OF COUNTY COMMISSIONERS OF
IND RIVER COUN\ i', .FLORIDA
By:
Peter D. O"Bryan, Chairman . ••••°°••••
-'cv rOAtn.'•..
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BCC Approved: Deoemb17
BY = ;
DYLAN REINGOLD
COUNTY ATTORNEY.
•'`FRCo�r$ 72
.•
NwoAsmvmVtedire ceoldcm\j, .Moneemy Do=mtsu wm fiicm tc R.L-07mdjows lslnad Re= iRc Ag =cm (3) l0 31 P17DLQ4oc •"'•
Franchise Service Area Territorial Boundaries
Section 18 T32S R40E, less Government lots 7, 8, 11 and 12.
That portion of Sections 12 & 13 T32S R39E lying east of the Intracoastal
Waterway 500' R/W including John's Island Cemetery as recorded in Plat Book 8,
Page 24, Public Records of Indian River County, Florida and Tract B, John's
Island Plat '31, Plat Book 11, Page 72, Public Records of Indian River County,
Florida.
Sections 6 & 7 T32S R40E.
That portion of Section 1 T31 R39E lying east of the Intracoastal Waterway
500' R/W less and except the Shores Subdivision. as recorded in Plat Book 11,
Page 61 Public Records of Indian River County, Florida and Government Lot 1.
North of Old Winter Beach Road.
The south 189.42' of Government Lot 10 Section 36, T31S R39E less the 70' R/W
as described in Official Record Book 89 Page 292, Public Records of Indian
River County, Florida.
All lands being within the municipal boundaries of the Town of Indian River
Shores, Florida.
The above is informally displayed on the -attached map with the service area
being delineated within the lined sections.
Page 7 of 8 73
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INDIAN RIVER COUNTY
MEMORANDUM
TO: Jason E. Brown
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling, AICP
Community Development Director
THROUGH: Roland M. DeBlois, AICP
Chief, Environmental Planning
& Code Enforcement
FROM: Kelly Buck
Code Enforcement Officer
DATE: 2/9/2018
RE: Stratus Bent Pine LLC's Request for Release of a Portion of a Utility Easement at 5800
58th Avenue (Bent Pine Preserve Phase 1)
It is requested that the Board of County Commissioners formally consider the following information at its
regular meeting of February 20, 2018.
DESCRIPTION AND CONDITIONS
The County has been petitioned by Stratus Bent Pine LLC, agent for Bent Pine Preserve LLC, owner of
property at 5800 58th Avenue, for release of a portion of a 15 -foot wide utility easement. The purpose of
the partial easement release request is to unencumber lots being platted as part of Bent Pine Preserve
Phase 1, whereby a water main that was once located in the easement has since been relocated and the
easement portion to be released no longer serves any public purpose (see attached maps).
F., 10 I 114 =
The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services;
the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and
the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the
requested partial release of easement. In fact, the County Utilities Department is requiring the partial
easement release as a condition of final plat approval of Bent Pine Preserve Phase 1. Therefore, it is
staff's position that the requested easement release would have no adverse impact to utilities being
supplied to the subject property or to other properties.
RECOMMENDATION
Staff recommends that the Board, through adoption of the attached resolution, approve release of the
portion of the 15 -foot wide utility easement described in the resolution.
75
Stratus Bent Pine LLC
Release of Easement
Page 2
ATTACHMENTS
1. Maps of easement proposed for release.
2. Proposed County Resolution Releasing Easement.
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proj./appl. no. 96010108/80028
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NW 1/4 Section 16 32S-39E
INDIAN RIVER COUNTY
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The information contained herein is taken from reliable sources
However, as accuracy is not
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State Plan a Coordinates, Fl rda East Zone, NA083 Datum
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Legal Description and Sketch
for the Abandonment of an .Easement
Lying in Section 16, Township 32 South,
Range 39 East, . Indian River County, Florida
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577H STREET (STORM GROVE ROAD)
- � O.R.B. 849, PG. 514
1/4 SECRON LINE —1
Sheet 2 of4
Not Valid WithoutAMShuts
SKETCH OF LEGAL DESCRIPTION Drawn by -Checked by File name Date Scale Drawing,Name
"This is NOT a Boundary Survev" I LJG I DMT 1 7054 1 07/10/17 1"=100` 17054EASEABANI
Masteller, Moler & Taylor, Inc.
PROFESSIONAL SURVEYORS AND MAPPERS
LAND SURVEYING BUSINESS #4644
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICEN S RVEYOR AND MAPPER.
DAVID TAYLOR P.L.S. 5243
Legal Description and Sketch
for the Abandonment of an Easement
Lying in Section 16, Township 32 South,
Range 39 East, Indian Iver County, Flgrida
1 101 102
I
PROPOSED BENT PINE
DESERVE PHASE 1 PLAT
PROPOSO
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STORNWATER
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_BENT PINE DRIVE_ BENT PINE PRESERVE
O.R.B. 756, PG. 2529 ='�/ PHASE 1
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( 57TH STREET (STORM GROVE ROAD)
O.R.B. 849, PG. 514
( 1/4 SECTION LINE w _I
Sheet 3 of 4i
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"This is NOT a Boundary Survev" CJG DMT 7054 07/10/17 1 =c100' 17054EASEA,AN
Masteller, Moler & Taylor, Inc.
PROFESSIONAL SURVEYORS AND MAPPERS
LAND SURVEYING BUSINESS #4644
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINA ISED SEAL OF A FLORIDA
LICEN S RVEYOR AND MAP
a
4f 2(
DAVID TAYLOR P.L.S. 5243
Legal Description and Sketch
for the Abandonment of an Easement
Lying in Section 16, Township 32 South,
Range 39 East, Indian River County, Florida
BENT PINE DRIVE
O.R.B. 756, P6. 2529 •`-. \�
EASEMENT
TO REMAIN
SOUTH BOUNDARY
BENT PINE PRESERVE
Z PHASE 1
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57TH STREET (STORM GROVE ROAD )
O.R.B. 849, PG. 514
' 7 SECTION UNE Sheet 4 of
Not Valid Wdhoia A l Sleds
SKETCH 0 LEGAL DESCRIPTION Drawn by:Checked byl File name Date Scale I Drawing Name
"This is NOT a Boundary Survev" CJG I DMT 1 7054 07/10/17 1 1"=100' 17054EASEABAN
Masteller, Moller & Taylor, Inc.
PROFESSIONAL SURVEYORS AND MAPPERS
LAND SURVEYING BUSINESS #4644
00 1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
NOT VAUD WITHOUT THE SIGNATURE AND
THE ORIGIN RAISED SEAL OF A FLORIDA
LICE URVEYOR AND MAP
DAVID TAYLOR P.L.S 43
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PROPOSED
BENT PINE
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BENT PINE DRIVE
O.R.B. 756, P6. 2529 •`-. \�
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TO REMAIN
SOUTH BOUNDARY
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Z PHASE 1
J
EU-- L -----------------
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57TH STREET (STORM GROVE ROAD )
O.R.B. 849, PG. 514
' 7 SECTION UNE Sheet 4 of
Not Valid Wdhoia A l Sleds
SKETCH 0 LEGAL DESCRIPTION Drawn by:Checked byl File name Date Scale I Drawing Name
"This is NOT a Boundary Survev" CJG I DMT 1 7054 07/10/17 1 1"=100' 17054EASEABAN
Masteller, Moller & Taylor, Inc.
PROFESSIONAL SURVEYORS AND MAPPERS
LAND SURVEYING BUSINESS #4644
00 1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
NOT VAUD WITHOUT THE SIGNATURE AND
THE ORIGIN RAISED SEAL OF A FLORIDA
LICE URVEYOR AND MAP
DAVID TAYLOR P.L.S 43
RESOLUTION NO. 2018 -
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING
A PORTION OF A UTILITY EASEMENT IN PROPOSED PLAT BENT PINE
PRESERVE PHASE 1, LYING IN SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39
EAST, INDIAN RIVER COUNTY, FLORIDA
WHEREAS, Indian River County has an interest in a 15 -foot wide utility easement in proposed plat
Bent Pine Preserve Phase 1; and
WHEREAS, the retention of a portion of the easement, as described below, serves no public purpose;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River
County, Florida that:
INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest
that it may have in the following described easement portion:
SEE ATTACHED EXHIBIT A
This partial release of easement is executed by Indian River County, a political subdivision of the State
of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960.
THIS RESOLUTION was moved for adoption by Commissioner , seconded by
Commissioner , and adopted on the day of
2018, by the following vote:
Chairman Peter D. O'Bryan
Vice -Chairman Bob Solari
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
The Chairman declared the resolution duly passed and adopted this
52018.
day of
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
Deputy Clerk
81
RESOLUTION NO. 2018 -
rE 1100
)111-5015
82
EXHIBIT A
Legal Description and Sketch
for the Abandonment of an Easement
Lying in Section .16, Township 32 South,
Range 39 East, Indian River County, Florida
SURVEYORS NOTES
1) THE BEARING BASIS FOR ALL DESCRIP71ONS CONTAINED HEREIN IS THE EAST RIGHT—OF—WAY UNE'
OF KINGS HIGHWAY (58th AVENUE). SAID LINE BEARS NO0103'38"E.
2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRA77NG THE LEGAL DESCRIPTION TO
WHICH IT IS A TTA CHED.
3) THIS SKETCH MEETS THE STANDARDS OF PRACTICE FOR SURVEYING AS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRA71VE
CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
LEMQ
R/W RIGHT—OF WAY
NO. NUMBER
R RADIUS
L LENGTH
CH CHORD DISTANCE
CB CHORD BEARING
P.C. POINT OF CURVATURE
P.C.C. POINT OF COMPOUND CURVATURE
N NORTH
S SOUTH
E EAST
W WEST
P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING
LEGAL DESCRIP77ON
A PORTION OF A 15 FOOT WIDE UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 831, PAGE 202 AND
BEING A POR77ON OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST RIGHT—OF—WAY LINE OF 58TH AVENUE AND 7HE CENTERLINE OF
BENT PINE ROAD AS DESCRIBED 1N OFFICIAL RECORD BOOK 756, PAGE 2529 OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY; THENCE NORTH 00'0338" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 44.00 FEET TO
THE POINT OF BEGINNING OF THE CENTERLINE OF SAID 15 FOOT EASEMENT BEING' 7.5 EACH SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE; THENCE NORTH 89 50'45" EAST A DISTANCE OF 160.22 FEET, THENCE SOUTH 55W'11" EAST,
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INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: February 9, 2018
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: West Regional Wastewater Treatment Facility Filter Replacement
BACKGROUND/ ANALYSIS:
The rehabilitation project for the filter system at the West Regional Wastewater Treatment Facility
(WRWWTF) was awarded by the Board of County Commissioners (BCC) through waiver of the requirement
for bids and authorization to issue a Purchase Order to Aqua_Aerobics System on May 16, 2017, in the
amount of $132,185.00. While the contractor was making repairs, it was discovered that some of the filter
equipment such as the bridge drive train, drive motor, shaft, bearings and wheels are in need of
replacement. This work is outside of the original scope of work for the initially approved repairs.
At this time, we are requesting approval of the additional work noted on the attached change order to
Proposal #140380 to the contractor in the amount of $32,612.00 for additional repairs. The repairs
provided through this change order will increase the contract total to $164,797.00
FUNDING:
Funds for this project are derived from the Renewal and Replacement (R&R) account in the operating
fund. Operating funds are generated from water and sewer sales.
Description
Account Number
Amount
West Regional Wastewater Filter Replacement
1 47123536-044699-17524
$32,612.00
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the change order to Proposal
#140380 with Aqua -Aerobics System, Inc, in the amount of $32,612.00, and authorize the Purchasing
Manager approve the additional work.
ATTACHMENTS:
1. Change Order to Proposal #140380
2. Photos of Affected Filter Equipment
C:\Users\Legistar\Appdata\Local\Temp\BCL Tech nologies\Easypdf 8\@BCL@240DA141\@BCL@240DA141.Doc Page 1 of 107
1ltr �A1AQUA-AEROBIC SYSTEMS, INC.
1V `!
Change Order to Proposal # 140380
TO: Indian River County PROJECT: INDIAN RIVER COUNTY, FL (WEST)
8405 8th Street
Vero Beach
Florida 32966
ATN: Mike Loveday PROPOSAL DATE: January 30, 2018
CC: EnviroSales of Florida, Inc. I ph#: 8631314-06161 fx#: NIA
Sam Gutridge
The following Notes apply to Aqua -Aerobic Systems' proposal:
- We are pleased to quote, for acceptance within 30 days of this date, prices and terms on goods listed below.
- Equipment will be furnished by Aqua -Aerobic Systems, Inc. with unloading of goods, civil work, by the Buyer
- Aqua Aerobic Systems will provide the services of a contractor to perform the following:
REMOVAL
The existing drive, motor, shafts, bearings and wheels shall be removed.
INSTALLATION
A new drive, motor, shafts, bearings and wheels shall be iinstalled. The bridge will be adjusted and tested for proper
operation and tracking.
NOTES
1. Wiring of the new drive motor back to the existing control panel shall be by others.
2. Disposal of the existing drive train components shall be by others.
3. Electrical service at 110v, 20 amp shall be provided by the plant.
4. Price is for non-union labor.
5. Unloading of materials shall be provided by the plant.
1 ABF Bridge Drive Assembly(ies) consisting of:
- Drive Shafts
- Filter bridge wheel(s) with key way.
- Shaft stop collar(s).
- Drive gear reducer(s).
- Drive motor(s).
- Self aligning flanged bearing(s).
- Grease fitting(s).
- Gearbox mounting bracket(s).
1 ABF Bridge Idler Assembly(ies) consisting of:
- Turned, ground and polished idler shaft(s) wrapped in PVC tape.
- Filter bridge wheel(s) without key way.
- Shaft stop collar(s).
- Self aligning flanged bearing(s).
- Grease fitting(s).
Enclineerinci
2 Set(s) Documentation will be provided as described:
- Operation & Maintenance Manuals (English language).
6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com 88
Copyright 2018, Aqua -Aerobic Systems, Inc Printed: January 30, 2018 Pagel of 4
PROPOSAL DATE: January 30, 2018 Change Order to Proposal #140380 ACLA-AEROBIC
g " MS, INC
' nueffAr�"'V
Supervison/Freight Domestic
1 Supervision Services and Freight Package(s) will be provided as follows:
- FREIGHT TO JOBSITE
The Following Notes apply to Aqua -Aerobic Systems' Proposal:
- We expect shipment of equipment will be completed 8-10 weeks after receipt of purchase order with mutually
acceptable terms and conditions, subject to credit approval. Service will be scheduled after receipt of purchase
order. Scheduled service lead time is dependent upon existing service backlog. Equipment will be shipped prior to
the Aqua -Aerobic Service Technician's arrival to site.
- F.O.B. ORIGIN; TITLE AND RISK OF LOSS: All prices and all shipments of goods are F.O.B. Aqua -Aerobic
Systems, Inc.'s plant at Loves Park, Illinois. Delivery of the goods sold hereunder to the carrier shall be deemed
delivery to the Buyer, and upon such delivery, title to such goods and risk of loss or damage shall be upon Buyer.
- TAXES: State and/or local taxes are not included in the price but will be charged unless we receive a valid
resale/exemption certificate.
- PAYMENT TERMS: Subject to credit approval and guarantee of payment, payment Net 30 days from date of each
shipment; no retainage allowed.
GOODS QUOTED ABOVE WILL BE SOLD SUBJECT ONLY TO THE TERMS AND CONDITIONS OF SALE SET
FORTH HEREIN. ANY DIFFERENT OR ADDITIONAL TERMS ARE HEREBY OBJECTED TO.
Total Price: $32,612.00
6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com 89
Copyright 2018, Aqua -Aerobic Systems, Inc Printed: January 30, 2018 Page 2 of 4
PROPOSAL DATE: January 30, 2018 Change Order to Proposal # 140380 �:° A IJA SYSTEMS, T IC
' T.idC,
ti�=* nwc�ra�Ck-�rne
TERMSAND CONDITIONS OF AQUA -AEROBIC SYSTEMS,INC. (A Metawater Company)
Pagel of 2
This offer and all of the goodsand salesof Aqua -Aerobic Systems,Inc. are subjectonly to the followingterms and conditions. The acceptance of any
order resulting fromthis proposal isbasedon the express condition thatthe Buyer agrees to all the terms a nd conditions herein contained. Any terms
and conditions inany order,whichare in additionto or inconsistent with the following, shall not be binding upon Aqua -Aerobic Systems,Inc. This
proposaland any contract resulting therefrom shall be governed by and construed in accordance with the lawsof the State of Illinois, w ith out regard
to conflicts of laws principles.
PAYMENT
Unless specifically stated otherwse, quoted terms are Net 30 Days from shipping date. Past -due charges are 1.5% per month and will apply only on
any past -due balance. Aqua -Aerobic Systems,Inc. does not allow reta inage of any invoice amount, unless authorized in writing by an authorized
representative of o urLove s Park, I lhn ois office.
DURATION OF QUOTATION
This proposal of Aqua -Aerobic Systems, Inc. shall in no eventbe effective more than 30 days from date thereof, unless specifically stated otherwise,
ands subject to change at anytime prior to acceptance.
SHIPMENT
Shipping dates are not a guarantee of a particular day of shipment and are approximate, being based upon present production info rmatio n, and are
subject to change per the production schedules existing at time ofreceipt of purchase order. Aqua -Aerobic Systems, Inc. shall not be responsible for
any delay in shipment for causes beyond its contro I including, but not limited to, war, riots, strikes, labor trouble causing interruption ofwork, fires,
other ca sua hie s, tra nsportation delays, modification of order, any act of govern mental a uthoritie s o r acts of God. Quoted shipment dates in the
proposal are approximate dates goods will be shipped and, unless agreed to in writing by Aqua -Aerobic Systems, Inc, Buyer may not postpone or
delay the dates of shipment of goods from our plant or from our supplier's plants beyond the dates set forth in this proposal .
TITLE AND RISK OF LOSS
All prices and all shipments of goods are F.OB.Aqua -Aerobic Systems,Inc.'s plant at Loves Park, Illinois unless specifically slated olh erw ise.
Delivery of the goods sold hereunder to the carrier shall be deemed delivery to the Buyer, and upon such delivery, title to s uch goods and risk of loss
or damage shall be upon Buyer.
TAXES
Prices quoted do not include any taxes, customs duties, or import fees. Buyer shall payany and all use, sales, privilege or other tax or cust omsduties
or import fees levied by any governmental authority with respect to the sale or transportation of any goods covered hereby. I fAqua-Aerobic Systems,
Inc. is required by any taxing authority to collector to pay any suchtax,duty or fee, the Buyer shall be separately billed at such time for the amounts
Aqua -Aerobic Systems, Inc. is required to pay.
INSURANCE
Unless the goods are sold on a CIF basis, the Buyer shall provide marine insurance for all risks, includingwar and general coverage
SECURITY
If at anytime the financial responsibility of the Buyer becomes unsatisfactory to Aqua -Ae rob is Systems, Inc., or Aqua -Aerobic Systems, Inc.
otherwise deems itselfinsecure as to receipt offull payment of the purchase price from Buyer hereunder,Aqua•Aerobic Systems, Inc. reserves the
righ t to require payment in advance or security or guarantee satisfactory to Aqua -Aerobic Systems, Inc. of payme nt in full of the purchase price.
LIMITATION OF ACTION
No action shall be brought againstAqua-Aerobic Systems, Inc. for any breach of its contract of sale more than two years after the accrual ofthe cause
of action thereof, and, inn o event, unless the Buyer shall first have given written n otic a to Aqua -Aerobic Systems, Inc, of any claim of b re ac h of
contract within 30 days after the discovery thereof.
CANCELLATION CLAUSE
No acceptance ofthis proposal, by purchase order orolherwise, maybe modified exceptby written consent ofAqua-Aerobic Systems, Inc. nor may it
be cancelled exceptby prior payment to Aqua-Aerob ic Systems, Inc. the following sums as liquidated damages therefore: I) Ifcancellation is prior to
c ommenc a me nt of pro duction and p rior to the assumption of any obligations by Aqua -Aerobic Systems, Inc. for any materials or component parts, a
sum equal to 15%of the total purchase price; 2) Ifcancellation is after the commencement of production or after the assumption of any obligations by
Aqua -Aerobic Systems, Inc. for any materials or component parts,a sum equal to the total ofthe direct, out -of-pocketexpenses incurred to the date of
cancellation for labor, machine time, materials and any charges made to us by suppliers for cancellation, plus 30% of the total purchase p rice . All
charges andexpenses shall be as determinedby Aqua -Aerobic Systems, Inc. In the event any items are used by Aqua -Aerobic Systems, Inc. to fill a
subsequent order, then upon re ce ipt of payment for such order, Aqua -Aerobic Systems, Inc. shall pay the Buyer a sum equal to the direct out-of-
pocketexpenses previously charged andreceived fromBuyer.
PROPRIETARY INFORMATION
This proposal, including all descriptive data,drawings, material, information and know-how disclose d by Aqua-Aerob ic Systems,Inc.to Buyer in
relation heretois confidential information intended solely forthe confidentialuse ofBuyer, shall remain the property ofA qua -Aerobic Systems,Inc.
and shallnotbe d isclosed or otherwise usedto the disadvantage or detriment o fAqua -Aerobic Systems,Inc. inany manner.
6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f815.654.2508 www.aqua-aerobic.com 90
Copyright 2018, Aqua -Aerobic Systems, Inc Printed: January 30, 2018 Page 3 of 4
PROPOSAL DATE: January 30, 2018 Change Order to Proposal # 140380 At-,UA-AUROD IC
SYSTEMS, INC,
`fir" # AVefeR7feeC:ap4r+F
TERMSAND CONDITIONS OF AQUA -AEROBIC SYSTEMS, INC. (A Metawater Company)
Page 2 of 2
QUALIFIED ACCEPTANCE AND INDEMNITY
In the eventthe acceptance of this proposal by Buyer either iscontingentupon or subjectto the approval by any third parry such as, but not limited to,
a consulting engineer, with respect to goods, parts, materials, descriptive data, drawings, calculations, or any other matter, then upon such approval by
any third party, Aqua -Aerobic Systems, Inc. shall have no liability to Buyer or to any third party so long as the goods sold anddelivered by Aqua -
Aerobic Systems, Inc. conform to this proposal. In the event any such third party requires modifications in the proposal pr i or to the approval thereof,
Aqua -Aerobic Systems, Inc. may at its sole option and withoutliability to any party eleetto cancel th is proposal or return the purchase order to Buyer.
In the eventAqua-Aerobic Systems, Inc. electsto modify this proposal In conformto the requirements for approval by any third party, Aqua -Aerobic
Systems, Inc. in such event shall have no liability to Buyer or to any third party so long as the goods sold and delivered by Aqua -Aerobic Systems,
Inc. conform tothis proposal as modified.
Buyer agreesto indemnify andsave harmlessAqua-Aerobic Systems,Inc. from andagainstall costsand expensesand liabilityof any kind
whatsoever arising out of or in connectionwith claims bythird parties so long as the goodssokl hereunder conformto the re quirements of this
proposal as approved by any. third p arty.
WARRANTY; LIMITATION OF LIABILITY; AND DISCLAIMER
In return for purchase and full payment for Aqua -Aerobic Systems, Inc. goods, we warrant new goods provided by us to be free from defects in
materials and workmansh 0 under normal conditions and use for a period of one year from the date the goods are put into service, or eighteen months
fromdate of shipment (whichever first occurs). If the goods include an "Endura Series" motor, the complete Endura Series unitshall be warranted by
Aqua -Aerobic to be free from defects in materials and workmanship under normal conditions and use for three years from the date the product is put
into service or 42 months from the date of shipment (whichever occurs first).
OUR OBLIGATION UNDER THIS WARRANTY ISE XPRESSLY AND EXCLUSIVELY LIMITED to replacing or repairing (at our factory
at Loves Park, Illinois) any part or parts returned to our factory with transportation charges prepaid, and which our examination shall show to have
been defective. Prior to return of any goods or its partsto our factory, Buyer shall notifyAqua -Aerobic Systems,Inc.ofclaimed defect, and Aqua -
Aerobic Systems, Inc. shall have the privilege of examining the goodsatBuyer's place of business ator where the goods have otherwise been placed
in service. In the eventthis examination discloses no defect, Buyer shall have no authority to return the goods or parts to our factory for the further
examination or repair. All goods or parts shall beretumedtoBuyer, F.O.B. Loves Park, Illinois. This warranty shall not apply to any goods or part
which has been repairedor altered outside our factory, or applied, operated or installed contrary to our in struction, or subjected to misuse, chemical
attack/degradation,negligence or accident.This warranty and any warranty and guaranty of processor performance shall no longer be applicable or
valid if any product, including any software program, supplied by Aqua -Aerobic Systems, Inc., is modified or altered without the written approval of
Aqua -Aerobic Systems,Inc. Our warranty on accessories and component parts not manufactured by us is expressly limited to that of the manufacturer
the re of.
THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF
ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART, INCLUDING ANY LIABILITY FOR NEGLIGENCE,
STRICT LIABILITY, OR OTHERWISE; AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED; AND WE EXPRESSLY DENY THE RIGHT OF ANY
OTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF
ANY GOODS PROVIDED BY US. THERE ARE NO WARRANTIES OR GUARANTEES OF PERFORMANCE UNLESS
SPECIFICALLY STATED OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING ANY CLAIM OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE,
SHALL AQUA -AEROBIC SYSTEMS,INC. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,
COSTS OF CONNECTING, DISCONNECTING, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN THE
GOODS. LIMIT OFLIABILITY: AQUA -AEROBIC SYSTEMS, INC.'S TOTAL LIABILITY UNDER THE ABOVE
WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES SET
FORTHHEREIN ARE EXCLUSIVE, AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE, OR
ANYTHING DONE IN CONNEC TION THEREWITH, WHETHER IN CONTRACT, IN TORT, UNDER ANY
WARRANTY, OR OTHERWISE, SHALL NOT, IN ANY CASE, EXCEED THE PRICE OF THE GOODS UPON WHICH
SUCH LIABILITY IS BASED.
Final acceptance of this proposal must be givento Aqua -Aerobic Systems, Inc. at thei r office in Loves Park, Illinois. Please
acknowledge acceptance by signing the proposal andreturning it to Aqua -Aerobic Systems, Inc.
Accepted by: Offer Respectfully Submitted,
Company:
Alud/l"d-
By: Date: Paul Klebs, AfterMarket Sales Manager
Aqua -Aerobic Systems, Inc.
6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com 91
Copyright 2018, Aqua -Aerobic Systems, Inc Printed: January 30, 2018 Page 4 of 4
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Consent Agenda
Indian River County
Interoffice Memorandum
Office of Management & Budget
To: Members of the Board
of County Commissioners
From: Michael R. Smykowski
Director, Office of Management & Budget
Date: February 9, 2018
Subject: Fourth of July Fireworks Funding
Background Information
For several years, Indian River County has provided assistance in funding Fourth of July fireworks
displays in Vero Beach and Sebastian. The Lions Club of Sebastian has again requested assistance
in funding their celebration this year. For many years, the County has contributed $2,500 each to
Sebastian and the City of Vero Beach, after each of the cities appropriated and paid an equal amount
up to $2,500.
Funding
Funding in the amount of $5,000 is currently budgeted in MSTU/Recreation/Special Events,
Account #00410872-041110.
Staff Recommendation
Staff recommends that the Board of Commissioners approve funding the fireworks displays for the
Cities of Sebastian and Vero Beach in the amount of $2,500 each. Staff also recommends that each
of the cities (Vero Beach and Sebastian) appropriate and pay an equal amount up to $2,500 and the
County will match that amount, up to $2,500 each, after the City of Vero Beach and Sebastian pay
their share.
95
LIONS Club of Sebastian, Inc. FEB 0 y 2018
else
c/Norman !. Meyer, MD
107 Wood Stork Way O Sebastian, FL. 32958
Phone 772-581-0526 O Fax 772-571-6084
February 5, 2018
Office of Management & Budget
Indian River County
1801 27th Street
Vero Beach, FL. 32960-3388
Attn: Michael Smykowski, Indian River County Budget Director
Dear County Commissioners,
I am writing on behalf of the 4th of July Celebration Committee of the Lions
Club of Sebastian.
As in the past, Indian River County has made a twenty five hundred dollar
($2500.00) donation towards the fireworks display, I am hopeful we will be
able to continue to receive this support from you. The City and County in the
past has boasted of the quality family celebration, and we hope to continue
with your support.
Last year, you requested to be notified early for planning purposes.
As you have desired a copy of the City's check, I will present a copy when
received from the City to Carol Bergeron.
If you have any questions or concerns, please feel free to call me.
Thank you in advance for your support.
Sincerely,
Norman Meyer, MD
Event Chairman
home: 772-581-0526
cell: 772-538-7658
email:
96
n , / Y'
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: February 12, 2018
Subject: Miscellaneous Budget Amendment 007
Description and Conditions
1. There is a budget amendment requested for $200,678 to fund a replacement grader.
One of the existing graders (17 year old Volvo motor grader, 720A series, with 15,117
engine service hours) has a blown engine. Transportation operates eight (8) graders;
six graders are assigned to fixed routes, 1 grader is used for special projects, and
there is one grader that serves as a back-up and a supplement when Transportation
falls behind in the grading schedule due to weather or equipment failure. The
replacement grader would be placed into front-line service and an older existing unit
would then serve as a back-up unit. Exhibit "A" appropriates funding from
Transportation Fund/Cash Forward Oct 1St
2. Funding for monthly operational/building related expenses at Sebastian Corners totals
approximately $80,000 annually. These expenses are offset by the monthly rent
revenue received. Exhibit "A" appropriates funding for these expenditures.
Staff Recommendation
Staff recommends the Board of County Commissioners approve the budget resolution
amending the fiscal year 2017-2018 budget.
97
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: 007
Entry
Number
Fund/ Department/Account Name
Account Number
Increase
Decrease
1.
Revenue
Transportation Fund/Non-Revenue/Cash Forward Oct 1st
111039-389040
$200,678
$0
Expense
Transportation Fund/Road & Bridge/Other Machinery &
11121441-066490
$200,678
$0
Equipment
2.
Revenue
General Fund/Miscellaneous/Rents & Royalties
001038-362010
$80,000
$0
Expense
General Fund/Facilities Management/Other Contractual
00122019-033490-17018
$8,400
$0
Services
General Fund/Facilities Management/Electric Services
00122019-034310-17018
$15,000
$0
General Fund/Facilities Management/Water & Sewer
00122019-034320-17018
$1,500
$0
Services
General Fund/Facilities Management/Garbage & Solid
00122019-034330-17018
$14,100
$0
Waste
General Fund/Facilities Management/Maintenance-
00122019-034610-17018
$25,700
$0
Buildings
General Fund/Facilities Management/Maintenance-Other
00122019-034690-17018
$1,000
$0
Equipment
General Fund/Facilities Management/Landscape Materials
00122019-035340-17018
$7,200
$0
General Fund/Risk Management/Other Insurance
00124613-034590
$7,100
$0
99
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO:
Jason E. Brown, County Administrator
FROM:
Richard B. Szpyrka, P.E., Public Works Director
SUBJECT:
Two -Year Extension of Hurricane Debris Removal Contract
For Ceres Environmental Services, Inc.
DATE:
February 12, 2018
DESCRIPTION AND CONDITIONS
On April 5, 2016 Indian River County entered into a Contract Agreement with Ceres Environmental
Services, Inc. and Ashbritt Environmental for hurricane debris removal and disposal. The Agreement
included provisions for renewal of the contracts for up to three (3) additional terms of twelve (12) months
each on the same terms and conditions. On March 21, 2017 both contracts were extended for the first
twelve (12) month renewal. The first renewal of the contracts will expire on April 4, 2018.
At this time we would like to implement renewal of both the second and third extension with Ceres
Environmental Services, Inc. for hurricane debris removal and disposal. We request approval to extend the
remaining renewal period from the date of approval of this Second Amendment until April 4, 2020.
The contract allows for a consumer price increase (CPI) increase. -Ceres Environmental Services, Inc. has
requested an increase for this renewal period and a CPI increase of 1.6% is included in the contract
extension. This will be a single 1.6% increase for the extension period.
FUNDING
Local funding for debris cleanup is provided by Solid Waste Disposal District reserves. In the event of a
Federally Declared disaster, the County would apply for funding from FEMA and FHWA, with the local
match provided by SWDD.
RECOMMENDATIONS
Staff recommends that the Board of County Commissioners approve the extension of the debris removal
agreement and authorize the County Administrator to execute the extension upon review and approval of
the County Attorney and review and approval by all applicable staff.
ATTACHMENTS
Ceres Environmental Services, Inc. Extension Agreement with updated pricing form
DISTRIBUTION
Ceres Environmental Services, Inc.
APPROVED AGENDA ITEM FOR FEBRUARY 20.2018
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SECOND AND THIRD EXTENSION TO AGREEMENT
FOR PROVIDING DISASTER DEBRIS REMOVAL AND DISPOSAL
SERVICES FOR INDIAN RIVER COUNTY, FLORIDA
This Second and Third Extension to Agreement for Providing Disaster Debris Removal and
Disposal Services (herein after "Second and Third Extension") to provide disaster debris removal and
disposal services is entered into this day of February, 2018 by and between Indian
River County, a political subdivision of the State of Florida ("County") and Ceres Environmental
Services, Inc., a Minnesota corporation authorized to do business in the State of Florida ("Contractor").
BACKGROUND RECITALS
A. Effective April 5, 2016, the County and the Contractor entered into an Agreement for Disaster
Debris Removal and Disposal Services (herein after, "Agreement").
B. Article 8 of the Agreement contains the term and renewal provisions and the General
Conditions of the Agreement contains the price increase provisions.
C. Pursuant to the Agreement, the parties desire to renew the Agreement by this Second
Extension for two years, include the Consumer Price Index (CPI) price increase and
include the Federal Clauses as part of the Agreement herein.
NOW THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the
Contractor agree as follows:
1. The background recitals are true and correct and form a material part of this Second and Third
Extension.
2. The Agreement for Providing Disaster Debris Removal and Disposal Services is hereby
extended from the date of approval of this Second Extension until April 4, 2020.
3. The parties agree that the prices set forth in the Agreement will be increased due to the yearly
CPI increase of 1.6%, and the increased prices are set forth on Exhibit A attached hereto and
that the increase is effective for the two-year duration of this extension, and made a part hereof.
4. As this is a contract with the possibility of reimbursement using federal funds, the following
Federal Clauses shall be included with the Agreement and County and Contractorwill adhere to
the following, as applicable to this work:
a.) 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.
b.) 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.
c.) 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.
d.) 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.
FAPublic Works\Hurricane - Disaster Preparedness\Contract Docs\Debris Contract extension 2018\Second extenfiul
Ceres hurricane debris removal agreement 04-04-18.doc
e.) 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.
5. Other than the changes detailed above, the agreement dated April 5, 2016 remains in full force
and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the
day and year first set forth above.
Ceres Environmental Services, Inc.
By/�'�`
(Authorized Signature)
(Corporate Seal)
Date )- 36 —2Qt 18
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By:
Jason E. Brown, County Administrator
By:
Peter D. 0`Bryan, Chairman, Board of County
Commissioners
Approved as to form and legal sufficiency:
Dylan Reingold, County Attorney
Attest: Jeffrey R. Smith, Clerk of Circuit Court
And Comptroller
By:
Deputy Clerk
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Exhibit A
Disaster Debris Removal and Disposal
Prices For Second Extension
Firm: Ceres Environmental Services Inc
Category
Description
Unit
Cost Per Unit
0-15 Miles Veg from Right of Way (ROW) to Debris Management Site (DMS)
CY
$7.66
73
M
> X
16-30 Miles Veg from ROW to DMS
CY
$8.20
M
31-60 Miles Veg from ROW to DMS
CY
$9.26
>60 Miles Veg from ROW to DMS
CY
$10.78
Single Price Veg from ROW to DMS
CY
$9.26
Grinding/chipping vegetative debris
CY
$2.32
E
Air Curtain Burning vegetative debris
CY
$1.09
ta
Open Burning vegetative debris
CY
$0.18
ac
MV
r-
Compacting vegetative debris
CY
-
$0.50
Debris Preparation, management, and segregation at debris management site
CY
$2.00
0-15 Miles C&D from Right of Way (ROW) to Debris Management Site (DMS)
CY
$7.66
M
16-30 Miles C&D from ROW to DMS
CY
$9.20
o M
31-60 Miles C&D from ROW to DMS
CY
$9.26
o
>60 Miles C&D from ROW to DMS
CY
$10.78
co
Single Price C&D from ROW to DMS
CY
$9.26
0-15 Miles from DMS to Final Disposal
CY
$3.56
16-30 Miles from DMS to Final Disposal
CY
$4.26
31-60 Miles from DMS to Final Disposal
CY
$S.14
C,
>60 Miles from DMS to Final Disposal
CY
$6.1g
Mn
Single Price from DMS to Final Disposal
CY
$5.14IJ
5
Tipping Fees (Vegetative) Pass through amount [Line Item Deleted by
L6
Addendum #4 . ]
1#4]
I Tipping Fees (Mix) Pass through amount [Line Item Deleted by Addendum
M
I Tipping Fees () Pass through amount [Line Item Deleted by Addendum #4]
LAContracts Executed\lndian River Co Fl- #37001Second Extension Proposal Pricing Form (002).docx
103
Exhibit A
Disaster Debris Removal and Disposal
Prices For Second Extension
Category
Description
Unit
Cost Per Unit
Remove Hazardous Trees 6"-12" trunk
Tree
$59.87
Remove Hazardous Trees 13"-24" trunk
Tree
$131.09
Remove Hazardous Trees 25"-36" trunk
Tree
$194.10
cRemove
Hazardous Trees 37"-48" trunk
Tree
$246.71
L
m
Remove Hazardous Trees > 48" trunk (per Addendum 1)
Tree
$307.61
p
Remove Trees with Hazardous Limbs >2" from tree (per addendum 1)
Tree
$87.58
o:
Remove Hazardous Sumps 24"-36" diameter
Stump
$121.81
Remove Hazardous Sumps 37"-48" diameter
Stump
$173.42
Remove Hazardous Sumps >49" diameter
Stump
$225.03
Fill dirt for stump holes after removal
CY
$27.57
Debris Removal from canals, rivers, creeks, streams, and ditches
CY
$30.73
Pick up, screen, and return debris laden sand/mud/dirt/rock
CY
$17.37
Removal of eligible vehicles
EA
$198.19
Removal of eligible vessel from land
LF
$42.90
Removal of eligible vessel from waterway
LF
$103.11
0
E
Carcass and Putrescent Removal (animals and organic fleshy matter)
LB
,$0.78
°C
White Goods from Row to Disposal
EA
$37.17
Freon Management and Recycling
EA
$32.00
N
Demolition of Private Structure
CY
$18.75
Ewaste containing hazardous materials (CRT, computers, monitors and TVs)
EA
$30.76
Silt Removal
CY
$10.19
Biowaste
LB
$20.30
HHW
LB
$9.18
o
.4
Beach/Lake Restoration (Berm/Beach Construction)
CY
$30.76
0
0)V
Canal Shoreline Restoration
CY
$33.47
LAContracts Executedllndian River Co FL #370MSecond Extension Proposal Pricing Form (002).docx
104
Exhibit A
Disaster Debris Removal and Disposal
Prices For Second Extension
The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to
furnish at the prices shown above, subject to all instructions, conditions, specifications and attachments hereto.
Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request
additional compensation.
Ceres Environmental Services Inc
Nam of Firm
Authorized Signature
Tia Laurie — Director of Administration
Title
1/30/2018
Date Signed
6960 Professional Pkwy E,
Address
Sarasota FL 34240
City, State, Zip Code
(800) -218-4424
Phone
Tia.LaurieL@ceresenv.com
E-mail
L:\Contracts Executed\Indian River Co FL #3700\Second Extension Proposal Pricing Form (002).docx 105
t �
•
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Jason E. Brown
County Administrator
THROUGH: Richard B. Szpyrka, P.E.
Public Works Director
FROM: James D. Gray, Jr.
Natural Resources Manager
SUBJECT: Work Order No. 2018007-1, Coastal Technology Corporation
Sector 7 Beach and Dune Renourishment — Design and Permitting
DATE: February 8, 2018
L1��I:1I�>i[� _ ► �i •
On January 9, 2018, the Board approved a contract with Coastal Technology Corporation (Coastal
Tech) for professional coastal engineering and biological support services related to the
management and renourishment of the Sector 7 (Porpoise Point) beach project area.
The Sector 7 project area is a 2.2 mile section of shoreline that extends from Seagrove south to
the Moorings in the southern portion of the County. The Sector 7 project area sustained damage
from Hurricane Matthew (2016) and Hurricane Irma (2017) and is in need of a large scale beach
and dune nourishment project to maintain protection to upland properties and infrastructure.
The County has received a fully signed Federal Emergency Management Agency (FEMA) Project
Worksheet (No. IRGAG05 — Hurricane Matthew) and is currently developing a Project Worksheet
with FEMA in order to replace Hurricane Irma associated storm losses within the project area.
The proposed Work Order No. 2018007-1 includes nine (9) separate tasks pertaining to the
design and permitting of the Sector 7 Beach and Dune Renourishment Project.
Work Order No. 2018007-1 is for a lump sum amount of $256,435.
Work orders related to preconstruction monitoring, bidding, and construction phase services will
be addressed through subsequent work orders.
FUNDING
Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well
as allocation of the One Cent Sales Tax. Funding is budgeted and available for the Sector 7 Beach
Renourishment Project in the Beach Restoration Fund, Other Professional Services — Hurricane
Matthew Account No.12814472-033190-17001.
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Work Order No. 2018007-1— Coastal Tech
Consent Agenda 2-20-18
Page 2
With the issuance of FEMA Project Worksheet (No. IRGAG05 — Hurricane Matthew), project
related design, permitting, and construction expenses are eligible for up to 87.5% in Federal
and State cost share.
RECOMMENDATION
The recommendation of staff is for the Board to approve Work Order No. 2018007-1 to the
contract with Coastal Technology Corporation and authorize the Chairman to sign on behalf of
the County.
ATTACHMENT
Coastal Technology Corporation Work Order No. 2018007-1
APPROVED AGENDA ITEM FOR: FEBRUARY 20, 2018
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WORK ORDER NUMBER 2018007-1
SECTOR 7 (PORPOISE POINT) BEACH AND DUNE RESTORATION PROJECT
DESIGN AND PERMITTING SERVICES
This Work Order Number 2018007-1 is entered into as of this day of
, 2018 pursuant to that certain Contract Agreement relating to Engineering
and Biological support services for Sector 7 (Porpoise Point) Beach and Dune
Renourishment Project entered into as January 9, 2018 ("Agreement"), between Indian
River County, a political subdivision of the State of Florida ("COUNTY") and Coastal
Technology Corporation ("CONSULTANT").
The COUNTY has selected the Consultant to perform the professional services set
forth on Exhibit 1, attached to this Work Order and made part hereof -by -this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in
Exhibit 2, attached to this Work Order and made a part hereof by this reference. The
Consultant will perform the professional services within the timeframe more particularly set
forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all
in accordance with the terms and provisions set forth in the Agreement. Pursuant to
paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with
the terms of the Agreement and the terms of the Agreement shall be deemed to be
incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of
the date first written above.
CONSULTANT
Coastal / l�� �J�� N`-�l
Gt/Technology Corporation
By.
Michael Walther, P.E., D.CE
Title: Vice President
Date: February 9, 2018
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
r
By:
Peter D. O'Bryan, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and
Comptroller
By:
(Seal) Deputy Clerk
Approved:
By:
Jason E. Brown, County Administrator
Approved as to form and legal sufficiency:
By:
William K. DeBraal, Deputy County Attorney
108
Indian River County Work Order Number 2018007-1
Sector 7 Beach and Dune Restoration Project Exhibit 1 - Scope of Work
Exhibit 1
Introduction:
The "Indian River County Beach Preservation Plan Update" (Plan, dated February 2015)
recommends re -nourishment of beaches within Sector 7, which extends from Florida Department
of Environmental Protection (FDEP) reference monuments R-97 to R-108 (Project). Construction
and re -nourishment of the Projectarea is anticipated between November 2019 and May 2020 -
outside the sea turtle nesting season. To implement the Project, this Work Order includes:
• pre -application conferences with state and federal regulatory staff,
• an outreach meeting with residents of the Projectarea,
• updating sand sources,
• preliminary and final design of the Project, and
• permit applications and processing.
The following describes the specific work under this Work Order.
Task i — Pre -Application Conferences
CONSULTANT will meet with COUNTY staff to discuss and identify COUNTY goals and
objectives for the Project: CONSULTANT will arrange, attend, and chair two pre -application
conferences via telephone including COUNTY staff with: (1) Florida Department of
Environmental Protection (FDEP) regulatory and project management staff, and (2) U.S. Army
Corps of Engineers (USACE) regulatory staff — also inviting federal commenting agencies
(NMFS, USF&WS, EPA). In general, the purpose of the pre -application conferences shall be
to present the expected scope of the Projectand identify:
• the Projectis proposed as a re -nourishment maintenance event that is not anticipated
to cause additional impacts to hardbottom above what have already been mitigated
by the COUNTY,
• any Projectissues and means to address these issues,
• requirements for obtainment of permits,
• items required to be submitted for upland mine(s) to be used as a sand source,
• upland sand and offshore sand QC/QA requirements, and
• nearshore hardbottom monitoring requirements (pre- & post -construction).
CONSULTANT will prepare a written summary for each pre -application conference.
Task 2 — Public Outreach Meeting
CONSULTANT will arrange, attend, and chair one meeting with COUNTY staff and beach-
front property owners — as arranged through the South Beach Property Owners Association.
The COUNTY will provide a sample Temporary Construction Easement as a meeting handout
for general information. In general, the purpose of the meeting shall be to discuss the Sector
7 Projectarea including:
• the general scope of the Project,
• public access,
• the Temporary Construction Easement, and
• construction access and the associated construction costs.
CONSULTANT will prepare a written summary of the meeting.
Page 1 of 5
February 9, 2018
109
Indian River County Work Order Number 2018007-1
Sector 7 Beach and Dune Restoration Project Exhibit 1 - Scope of Work
Task 3 — Prequalification of Upland Sand Sources
FDEP is expected to require identification of details regarding the potential .upland sand
sources for FDEP assessment prior to FDEP issuance of a permit for Project construction. In
general, CONSULTANT will assist the COUNTY with a solicitation to prequalify acceptable and
potential upland sand sources to be identified in the permit applications.
CONSULTANT will develop minimum "Geotechnical Standards" for beach fill based upon the
Geotechnical Standards & Requirements included in the COUNTY's initial Sector 3 Project —
updated to reflect:
• existing governing statutes (161 F.S.) and rules (6213-33 & 6213-41 F.A.C.),
• the results of the pre -application meeting held with FDEP under Task 1,
• the expected equilibrated profile of sand fill and associated impacts upon hardbottom,
• compatibility with native beach material characteristics based upon: mean grain size,
percent fines, sorting, percent carbonate, and Munsell color (wet/dry).
CONSULTANT will develop "Geotechnical Requirements" for documentation of potential
upland sand sources — to be provided by potential upland sand suppliers; such requirements
are expected to include:
• documentation of compliance with the updated Geotechnical Standards,
■ representative samples of the sand fill proposed to be provided, and
■ as available:
o a topographic survey of the upland sand source site;
o a sufficient number of core borings to define the sub -surface stratigraphy;
o sediment characteristics for each in-situ sediment layer including:
(a) grain size distribution,
(b) percent carbonate,
(c) percent silt, and
(d) Munsell color (wet/dry);
o sediment characteristics of proposed processed sand material with a description
of the processing methods;
o an assay of the above - signed and sealed by a Professional Geologist or Engineer;
■ the quantity of sand available and capacity of the mine to produce suitable sand, and
■ additional information as may be requested by FDEP at the pre -application meeting.
The COUNTY will prepare a Draft Solicitation for prospective suppliers to provide sand for
nourishment of COUNTY beaches; the Draft Solicitation shall include COUNTY requirements
associated with operation of a sand -mine and/or sand -hauling within County limits, including
the Geotechnical Standards and Geotechnical Requirements described above.
The COUNTY will provide the Draft Solicitation to CONSULTANT and meet with CONSULTANT
to review and finalize the Solicitation; the COUNTY will incorporate revisions as warranted.
The COUNTY shall publish the Solicitation, address questions of prospective suppliers, and
receive responses from potential suppliers. The COUNTY shall provide copies of all responses
to CONSULTANT, who will assess the proposed sand sources, and recommend sand source
suppliers to be pre -qualified for use in construction of the Project. The COUNTY will notify the
prospective sand source suppliers of the Solicitation results. CONSULTANT will prepare a
written summary of the above as an Appendix for the Task 5 - Preliminary Design Document,
Page 2 of 5
February 9, 2018
110
Indian River County Work Order Number 2018007-1
i>
Sector 7Beach and Dune Restoration Project Exhibit 1 - Scope of Work ;
Task 4 — Offshore Sand Source Evaluation and Delineation
The COUNTY will provide available information (data, surveys, and reports) regarding the
COUNTY's offshore borrow area and Sector 7 native beach characteristics. Based on this,
information, the CONSULTANT will: r
• extract existing data summarizing the offshore borrow area and native beach including:
o core -logs for the offshore borrow area;
o granularmetric data for sediment samples 'including: median grain size (d50), mean
grain size, munsell color, percent silt and percent carbonate content, and `
o cumulative frequency plots for each sediment sample;
• delineate a proposed borrow area for the Project;
• develop "composite statistics" and "a cumulative frequency curve of the composite" for `<<
the proposed borrow area;
• analyze compatibility of the proposed borrow area and native beach sediments; and
• prepare a written summary of the above as an Appendix for the Task 5 Preliminary
Design Document.
Task 5 — Preliminary Design
The COUNTY will provide the CONSULTANT with digital copies of the previous work products
produced in support of the initial nourishment of the Sector 7 Project including the Biological
Opinion, Permit Sketches, Design Document, Geotechnical Analysis, Environmental
Assessment. CONSULTANT will:
• Visit the site to photo -document the existing condition of the beach and dune system
and Collect and analyze sand samples (at dune, berm, and lower berm) to evaluate the
sediment characteristics of the existing beach at eleven (11) reference -monuments in
the Project area from R-97 to R-107. The sediment testing (up to 33 samples) will
identify the mean grain size, percent fines, sorting, percent carbonate, and Munsell
color (wet/dry).
• Evaluate in detail two alternatives for the Project including: (a) no additional action and
(b) re -nourishment to restore the Sector 7 fill template previously constructed in 2007.
For each of alternative, CONSULTANT will assess:
o potential impacts of the Project upon existing environmental resources including
but not limited to hardbottom, benthic infauna, state/federally protected species,
nesting marine turtles, and shorebirds, and ,
o the alternative's ability to fulfill the COUNTY's objectives and design criteria.
For Preliminary Design, CONSULTANT will:
• Use the latest beach profile surveys provided by the COUNTY (expected February
2018), to assess the sand -fill volume requirements needed to restore the fill template;
• Provide an opinion of probable construction costs — employing upland sand sources
via truck -haul, and alternately using the COUNTY's offshore borrow area;
• Prepare 81/2"by 11" permit sketches (Preliminary Design Drawings) to be submitted to
FDEP and the USACE in formal permit applications under Task 8;
• Prepare a Design Documentthat summarizes the results of the preliminary design.
CONSULTANT will meet with the COUNTY to review the sketches and Design Document.
Page 3 of 5
February 9, 2018
111
Indian River County Work Order Number 2018007-1
Sector 7 Beach and Dune Restoration Project Exhibit 1 - Scope of Work
Task 6 — Final Design
Upon obtainment of permits under Task 9 or upon request by the COUNTY, CONSULTANT will
prepare 24" x 36" Drawings and Technical Specifications for the Project to allow construction
by employing upland sand sources via truck -haul, and alternately using the COUNTY's offshore
borrow area — expected to restore the fill template previously permitted by the USACE and
FDEP. The COUNTY will prepare Contract Documents - expected to be used for bidding and
award of a construction contract by the COUNTY; the COUNTY will specifically provide the
"front-end" documents and incorporate the Drawings and Technical Specifications into the
Contract Documents — to be reviewed by CONSULTANT. The COUNTY will provide the
Contract Documents prepared for the initial nourishment of the Sector 7 Project and the
Renourishment of the Sector 3 Project. CONSULTANT will meet with the COUNTY to review
the Contract Documents
Task 7 — Supporting Documents
To support the future permit applications to be prepared under Task 8, CONSULTANT will
prepare and submit supporting documents including:
a) Physical Monitoring Plan,
b) Sediment Quality Control/Quality Assurance Plan — For Upland Sand Mines,
c) Sediment Quality Control/Quality Assurance Plan — For Offshore Sand Source,
d) Turbidity Monitoring Plan — with Justification for a mixing zone variance,
e) Biological Monitoring Plan — with EAI and CSA review, and
f) Environmental Assessment described below.
CONSULTANT will review the Construction Easement prepared by the COUNTY. Based on the
proposed Project design and data available via the COUNTY, CONSULTANT will compile a
DRAFT Environmental Assessment (EA) to demonstrate the Project's compliance with: the
National Environmental Policy Act (NEPA) of 1969, Section 7 of the Endangered Species Act
(ESA) of 1973 (as amended), and the Essential Fish Habitat (EFH) provisions of the Magnuson -
Stevens Fishery Conservation and Management Act. CONSULTANT, via subcontracts with EAI
and CSA, will assess potential impacts to hardbottom, shorebirds, borrow area benthic
infauna, beach infauna, and state/federally protected species. The EA will be based upon
available literature and existing data.
Task 8 — Permit Applications
CONSULTANT will prepare and submit applications to (a) FDEP for a Joint Coastal Permit, and
(b) the USACE for a Standard Permit as is expected to be required by the USACE per current
policies — effective October 1, 2017. Unless otherwise prescribed by the COUNTY,
CONSULTANT will be identified and serve as the COUNTY's Agent for the permit process. The
applications shall include the following information:
a) each application form item in FDEP Form 73-500 and USACE "ENG FORM 4345";
b) permit sketches (Preliminary Design Drawings) prepared under Task 5;
c) Pre -Application conference report developed under Task 1;
d) Design Document from Task 5;
e) Supporting Documents — from Task 7;
f) Items to be provided by the COUNTY including:
Page 4 of 5
February 9, 2018
112
0
Indian River County Work Order Number 2018007-1
Sector 7 Beach and Dune Restoration Project Exhibit 1 - Scope of Work
■ previously issued Sector 7 FDEP permit, USACE permit, and title determination
from the FDEP DSL;
• evidence that the COUNTY "has sufficient control and interest in the riparian
upland property",
■ "A legal property description" of the proposed borrow area and fill area within
submerged state lands;
■ Topographic and bathymetric survey drawings of the proposed Projectsite(s);
■ the latest Sector 7 biological and physical monitoring reports; and
■ a copy of the COUNTY's Sea Turtle Lighting Ordinance and description of lighting
enforcement actions.
CONSULTANT will review the draft applications with the COUNTY and incorporate revisions
as appropriate, prior to submitting the applications to FDEP and USACE.
TASK 9 — Permit Processing
CONSULTANT will request and participate in an Application Review Meeting to be scheduled
with FDEP about two weeks after FDEP and USACE receipt of the applications. FDEP and
CONSULTANT will invite representatives from the FWC, USFWS, NMFS and USACE to the
Application Review Meeting to discuss:
status of FDEP and USACE permits,
• any data and/or information needed to complete the applications, and
• any required mitigation and corresponding monitoring.
CONSULTANT will make informal contact with FDEP and USACE staff to address staff
questions regarding the application and Project: CONSULTANT will compile, clarify, and
provide existing information as may be requested by FDEP and USACE. CONSULTANT will
represent the Project before regulatory staff toward obtainment of permits and to negotiate
acceptable permit conditions, as may be required by the USACE and FDEP, and as acceptable
to the COUNTY. It is expected that the FDEP and USACE will each make two requests for
additional information (RAI) and that one teleconference meeting with FDEP and separately
with USACE will be required. If acceptable to USACE staff, CONSULTANT will:
• provide a draft of the required USACE Public Notice,
• provide a draft of the USACE letter request to initiate formal consultation with NMFS
and the USFWS, and
• draft the USACE Finding of No Significant Impact (FONSI).
CONSULTANT will request and obtain a written "Notice to Proceed" from FDEP. CONSULTANT
will assist the COUNTY with requesting publication of the "Notice of Intent to Issue". At least
thirty (30) days prior to the requested date of the "Notice to Proceed", CONSULTANT will
submit the following information for review and approval by FDEP:
(a) proof of publication,
(b) final construction Drawings, and
(c) resumes of shorebird and turbidity monitors.
It is expected that the above (including design details/analysis) will be sufficient to meet the
application requirements. The agencies may require additional surveys, studies, and/or
analysis which may be provided by CONSULTANT as needed.
Page 5 of 5
February 9, 2018
113
Indian River County
Sector 7 Beach and Dune Restoration Project
Work Order Number 2018007-1
Exhibit 2
Notice to Proceed Estimated Fees and Schedule
-----------------------
February 23, 23, 2018 February 9, 2018
Fees
Start
Finish
Da s
Task Description
CT -GEC =
EAI
CSA
Team
23 -Feb -18
9 -Mar -18
14
1 - Pre -Application Conferences
$6,5301
$01
$2,161
$8,691
9 -Mar -18
8 -Apr -18
30
2 - Public Outreach Meetin
$3,6401
01
0
$3,640
9 -Mar -18
8 -May -18
60
3 - Prequalification of Upland Sand Sources
17,2601
0.
0
$7,260
23 -Feb -18
24 -Apr -18
60
4 - Offshore Sand Source Evaluation and Delineation
18,0471
01
0
$18,047
23 -Feb -18
a 7 -Jun -18
104
5 - Preliminary Design
$55,481'-1
0.
so
$55,481
3 -Apr -19
i 3 -May -19
I 30
6 - Final Design
$28,430!,
0
$0.
$28,430
23 -Feb -18
24 -May -18
90
7 - Supporting Documents
$31,4671
$5,5201
$8,891
$45878
7 -Jun -18
! 7 -Jul -18
30
8 - Permit Applications
$21,6741,
0.
0
$21,674
7 -Jul -18
I 3 -Apr -19
270
9 - Permit Processing
$58,4581
$3,4501
$5,426
$67,334
Total:1
$230,987i
$8,9701
$16,4781
$2S6,435
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Jason E. Brown,
County Administrator
THROUGH: Richard B. Szpyrka, P.E.,
Public Works Director
THROUGH: James D. Gray, Jr. M.S.,
Natural Resources Manager
FROM: Kendra Cope, M.S.,
Coastal Environmental Specialist
SUBJECT: Work Order No. 1 Ecological Associates, Inc.
HCP Sea Turtle Monitoring North County
DATE: February 9, 2018
DESCRIPTION AND CONDITIONS
On October 10, 2017 the Board approved a continuing services contract with Ecological
Associates Inc., (EAI) for environmental and biological support services for a two year term,
through October 10, 2019. EAI is the selected consultant for professional environmental services
related to the County sea turtle Habitat Conservation Plan (HCP).
The HCP requires the County to coordinate continuous sea turtle nest monitoring with local
stakeholders and/or property managers annually from March 1— October 31.
The proposed Work Order No. 1 provides biological monitoring services relative to sea turtle nest
monitoring and reporting along 3.5 miles of shoreline from Sebastian Inlet to the southern
Ambersand beaches. Since 2003, this shoreline has been monitored by the County or the
Sebastian Inlet District as a result of beach nourishment permitting requirements. 2018
represents a "gap year" in permit required sea turtle monitoring since a beach nourishment
project has not occurred within this area of shoreline. However sea turtle monitoring as required
under the County's HCP, will still need to be completed to prevent interruptions in the County's
long-term data collection effort and to remain in compliance with the HCP Incidental Take Permit.
Staff met with local stakeholders from the Sebastian Inlet State Park (SISP) and the Archie Carr
National Wildlife Refuge (ACNWR), to create a plan to avoid a gap in the 2018 sea turtle
monitoring and violation of the Incidental Take Permit. This plan includes Park and Refuge staff
conducting surveys three days a week with EAI conducting the surveys the remaining four days.
EAI will also complete all nest evaluations and provide monitoring results to the County and State.
County staff will coordinate all monitoring efforts.
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BCC Agenda Item
Sector 3 Beach Restoration
February 20, 2018
Work Order No. 1 totals a lump sum amount of $22,380.00 for sea turtle monitoring and
reporting.
FUNDING
The non-profit partners have agreed to support their government organization by fundraising or
providing $5,000 each. These funds will be provided directly to the County for the purpose of
Work Order No.1. This will total $10,000.
Funding for Work Order No.1 and implementation of the County's HCP is budgeted and available
in the Beach Preservation Fund, Other Professional Services Account No. 12814472-033190-
99007.
Additionally, The Park and Refuge staff reached out to their non-profit partners, Friends of
Sebastian Inlet State Park (FSISP) and Friends of the Carr Refuge (FOCR) to help raise up to
$10,000 to assist in this monitoring effort. Any funds received through this partnership will be
provided directly to the County Finance office.
RECOMMENDATION
The recommendation of staff is for the Board to approve Work Order No. 1 to the contract with
Ecological Associates, Inc. and authorize the Chairman to sign on behalf of the County.
ATTACHMENT
Ecological Associates Inc., Work Order No. 1
Letter of Commitment — SISP
Letter of Commitment — ACN W R
Letter of Intent— FSISP
Letter of Intent - FOCR
APPROVED AGENDA ITEM FOR: FEBRUARY 20, 2018
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WORK ORDER NUMBER 1
PROJECT NAME: HCP Sea Turtle Monitoring — North County
This Work Order Number _1_ is entered into as of this day of
pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support
Services, dated October 101h, 2017, (referred to as the "Agreement"), by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida ("COUNTY") and Ecological _Associares Inc.,
("Consultant").
The COUNTY has selected the Consultant to perform the Environmental and Biological Support
Services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by
this reference. The Environmental and Biological Support Services will be performed by the Consultant for
a Lump sum fee of $ 22,380.00. The Consultant will perform the Environmental and Biological Support
Services within the timeframe more particularly set forth in Exhibit A, attached to this Work Order and
made a part hereof by this reference all in accordance with the terms and provisions set forth in the
Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall
conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be
incorporated in each in ivi ua Work Urder as f fuly set forth— ereein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT:
Ecological Associates, Inc.
By: !/ _ By:
Stant y F. DeForest
Title: CEO
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BCC Approved Date:
Peter D., O'Bryan, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Approved as to form and legal sufficiency:
Jason E. Brown, County Administrator
William K. DeBraal, Deputy County
Attorney
117
Ms. Kendra Cope
Indian River County Public Works
1801 27th Street
Vero Beach, Florida 32960
ECOLOGICAL ASSOCIATES, INC.
December 12, 2017
RE: Revised Scope of Work and Cost Proposal for Sea Turtle Monitoring, Indian
River County, Florida — 2018.
Dear Ms. Cope:
Ecological Associates, Inc. (EAI) is pleased to submit its Cost Proposal and Scope of Work
for providing professional environmental services to Indian River County. This task is for
sea turtle survey training, monitoring, and data management and reporting on non -project
beaches in Sebastian Inlet State Park (Park) and the northern portion of Archie Carr
National Wildlife Refuge (Refuge) during the 2018 sea turtle nesting season, as described
in the Scope of Work presented below. This monitoring will provide the requisite baseline
data for future beach nourishment projects. At the County's request, EAI is Providing costs
for conducting sea turtle surveys four days per week, as well as providing field training for
Park and Refuge personnel and data management and reporting.
SCOPE OF WORK
A. Training (Task 1).
The Survey Area encompasses approximately 4 miles of beach in northern Indian River
County from the Sebastian Inlet south to approximately FDEP Range Monument R-20
in the Refuge. Qualified EAI biologists will provide initial and follow-up sea turtle
nesting survey training to Park and Refuge staff. Initial training will take place in early
March and cover pre-existing survey zone boundaries, data collection protocols, and
sea turtle crawl identification. Follow-up training throughout the season will focus on
nest monitoring, nest fate determination, and reproductive success protocols, and
include QA/QC of field operations performed by Park and Refuge staff.
B. Sea Turtle Nesting Surveys (Task 2).
Daily morning sea turtle nesting surveys will be conducted beginning March 1, 2018
and will continue uninterrupted through September 15, 2018, according to 'a schedule
mutually agreed upon by the County, EAI, and the Park/Refuge. Thereafter, surveys
will be performed approximately three days per week until the last marked nest has
been evaluated.
Ecological Associates, Inc. • P.O. Box 405 • Jensen Beach, Florida 34958
Phone: (772) 334-3729 • Fax: (772) 334-4925 • info(Mecological-associates.com
www.ecological-associates.com
118
EAI Proposal —Indian River County Sea Turtle Monitoring Page 2
December 2017
Surveys will commence at or shortly after sunrise. Monitoring will be performed by a
combination of EAI, Park, and Refuge staff either on foot or using ATVs. All
emergences (turtle crawls) apparent from the previous night will be interpreted to
determine which species of turtle came ashore and whether or not it nested. Crawls
will be denoted as being above or below the previous high tide line. The approximate
geographic location of each crawl will be determined by GPS (sub -meter accuracy,
where available). In addition to segregating crawls into nesting and non -nesting
emergences (false crawls), each false crawl will be assigned to one of the following
categories denoting the stage at which the nesting attempt was abandoned: no digging,
abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles
during their crawls will be documented.
Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting
nesting surveys is to respond to the stranding of sick, injured and dead sea turtles within
their survey area. These animals are examined, and if alive, transported to state -
approved care facilities. A standard Sea Turtle Stranding and Salvage data form will
be completed and submitted for each stranded animal encountered by survey personnel.
This information will be transmitted to FWC in accordance with established guidelines.
Disorientation Reporting. During the course of daily monitoring, any evidence of
hatchling misorientation or disorientation from either marked or unmarked nests will
be documented on a FWC Marine Turtle Hatchling Disorientation Incident Report
Form. Based on track evaluations, an estimate of the number of hatchlings disoriented
will be recorded and light sources potentially responsible for the disorientation
identified. A copy of the Report will be forwarded by email to FWC, as required by
EAI's Marine Turtle Permit. Indian River County as. well as the Park or Refuge (as
applicable) will also be provided a copy of the Report so appropriate remedial action
may be implemented.
State and Federal Authorizations. All sea turtle monitoring and related activities will
be performed under FWC Marine Turtle Permit # 18-010 issued by FWC to EAI Senior
Project Manager, Niki Desjardin. All persons engaged in monitoring performed by
EAI will be listed on the permit unless the Park, Refuge, or other qualified individual
obtain a separate permit.
C. Nest Marking and Monitoring (Task 3).
A representative sample of nests (not to exceed 50 nests) will be marked between
March 1 and September 15, 2018. Nests will be marked using a series of stakes and
surveyor's tape and will be monitored throughout their incubation period to determine
nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate
incubation period, and in accordance with FWC guidelines, nests will be excavated to
determine reproductive success. Two measures of reproductive success will be
calculated: hatching success (the percentage of eggs in the nest that hatch) and
emerging success (the percentage of eggs in the nest that produce hatchlings which
successfully escape from the nest).
119
EAI Proposal — Indian River County Sea Turtle Monitoring Page 3
December 2017
D. Data Management and Reporting (Task 4).
EAI will be responsible for data entry for all surveyors, including Park and Refuge
staff. All data will be subject to rigorous QA/QC protocols and stored in EAI's project -
specific database. EAI will coordinate with Park and Refuge staff regarding survey
data and nest inventories. EAI will compile INBS reports for both the Park and Refuge,
as well as prepare SNBS and NPA forms at the end of the nesting season for submittal
to FWC. The following reports will be furnished to Indian River County:
I. Monthly summary reports will tabulate the dates and times of monitoring, names
of monitoring personnel, numbers of sea turtle emergences by species, and numbers
of nests marked and evaluated for reproductive success, as applicable. Monthly
reports will be submitted to the County on the last day of the month following
delivery of services (e.g., March report due no later than April 30). *monthly
summary reports on sea turtle nesting and predation will also be sent to the Park
and Refuge to assist management efforts in those areas.
2. Statewide Nesting Beach Survey and Nest Productivity Assessment reports will
be compiled and submitted to Indian River County and FWC upon established
deadlines.
EAI will submit its monthly billings for the services described above to Indian River
County in accordance with the fees set forth in Attachment A. No deposit or advance
mobilization fees are required.
Ecological Associates, Inc. appreciates the opportunity to be of continued service to Indian
River County. If you have any questions regarding this proposal or associated costs, I can
be reached at (772) 334-3729.
Sincerely,
Niki Desjardin
Senior Project Manager
c: Stan DeForest/President
120
Exhibit A j
3
ATTACHMENT A
ECOLOGICAL ASSOCIATES, INC.
P.O. BOX 405
JENSEN BEACH, FLORIDA 34958
REVISED COST PROPOSAL — February 6, 2018
PROJECT NAME: Indian River County Sea Turtle Monitoring
(EAI Project No. 18-1501)
CLIENT: Ms. Kendra Cope
Indian River County Public Works
1801 27th Street
Vero Beach, Florida 32960
Phone: (772) 226-1569 Email: kcopc@irc og v.com
PROJECT DESCRIPTION: Sea turtle monitoring and ancillary professional services
along approximately 4 miles of beach in northern Indian River County, Florida, as
described in EAI's Scope of Work dated December 12, 2017.
PROJECT DURATION: March 2018 — December 2018.
COSTS: All services will be provided on fixed price basis, as itemized below. If the
County chooses, Task 3a may be billed on a per nest basis.
Task Description Cost
EAI Surveys 4 Das per Week
Training — 5 hours of initial training (March) and 10 hours of
la
follow-up training throughout nesting season with Park and Refuge
$1,200.00
staff, including QA/QC
Sea turtle nesting surveys — EAI surveys 4 days per week from
2a
March l — September 15 and 1 day per week thereafter through 2°d
$7,872.50
week of November; includes disorientation reporting
Nest marking and monitoring for nest fate and reproductive success;
3a
includes nest marking supplies Mixed rate or per nest rate $58.20,
$2,960.00
not to exceed 50 nests
Data Management and Reporting — Data entry into electronic
database for all surveyors and related QA/QC measures; includes
4a
coordination with Park and Refuge Staff re: data and nest
$10,347.50
inventories; includes preparation of INBS, SNBS, and NPA reports
and submittal to FWC
TOTAL
$22,380.00
TERMS: All terms and conditions related to this Scope of Work will be governed under
EAI's Continuing Contract Agreement for Environmental and Biological Support
Services dated October 10, 2017.
121
I
Depart
January 30th 2018
Rick Scott
Florida Department of Governor
Environmental Protection Carlos Lopez-Cantera
Bob Martinez Center Lt. Governor
2600 Blair Stone Road Noah Valenstein
Tallahassee, Florida 32399-2400 Secretary
Kendra Cope
Sea Turtle Coordinator/Environmental Specialist
Indian River County Public Works
180127th Street
Vero Beach, FL 32960
772-538-0616
kcope@ircgov.com
Dear Kendra,
With this letter, the Sebastian Inlet State Park is committing to assist in the gap year of
sea turtle research & data collection along the north Indian River County turtle index
nesting beach for the duration of March 1st, 2018 to September 30th, 2018.
Three days a week (most probably Tuesdays, Wednesdays, and Thursdays) staff of the
state park will assess, collect, and record sea turtle crawl data, mark nests, and monitor
for disturbances. This monitoring and data collection will fulfill all requirements under
the fore mentioned Habitat Conservation Plan.
Sincerely,
Kevin Jones
Park Manager
Sebastian Inlet State Park
KJ/ep
122
T OF u�awvcc��
United States Department of the Interior
FISH AND WILDLIFE SERVICE
'll �v 8p9
4RCy 3 Everglades Headwaters National Wildlife Refuge Complex
4055 Wildlife Way
Vero Beach, Florida 32963
February 6, 2018
Kendra Cope
Sea Turtle Coordinator/Environmental Specialist
Indian River County Public Works
180127" Street
Vero Beach, FL 32960
772-538-0616
Indian River County sea turtle monitoring assistance for 2018.
Dear Ms. Cope,
The Archie Carr National Wildlife Refuge is willing to commit to assist in the 2018 gap year
of sea turtle research and data collection along the north Indian River County turtle nesting
beach for the duration of March 1, 2018 to September 30, 2018.
Coordination with staff at Sebastian Inlet State Park, Indian River County, and Ecological
Associates Inc. will occur to fulfill requirements of Indian River County's Habitat
Conservation Plan. We are prepared to offer up to 3 days per week of collecting crawl data,
marking nests, and monitoring disturbance. This includes our equipment, materials, and
other supplies required during our survey days. Although we intend to fulfill the HCP
requirements, human safety will be highest priority and we will not survey when conditions
are not safe to do so.
In order to deliver the support, we will need to be provided with appropriate training,
permitting, and other requirements needed to fulfill the HCP survey needs. In addition we
support Indian River County serving as primary point of contact for the efforts requested.
Sincerely,
Jere y Edwardson
Deputy Project Leader
Everglades Headwaters NWR Complex
123
CSO/Friends Sebastian Inlet State Park
C/O Mclarty Treasure Museum
13190 North Highway AIA • Vero Beach, FL 32963 •561-929-3688
Indian River County
180127' Street
Vero Beach, Fl. 32960
February 7, 2018
To Whom It May Concern
In an effort to alieve the shortfall in funding for the sea turtle monitoring program for 2018 in Indian
River County the Friends of Sebastian Inlet State Park is prepared to offer a onetime commitment of
$5000. Hopefully, with others contributing, the program, will be able to continue uninterrupted. We at
Sebastian Inlet State Park are well aware the sea turtle nesting monitoring program is critical to the
continued recovery of the sea turtle population.
The funds will be available at the time of your choosing. Feel free to contact me with payment details.
Sincerely,
Gerry udlee
President, Friends of Sebastian Inlet State Park
FA 1
Indian River County
1801 27th Street
Vero Beach, FL 32960
January 30, 2018
To Whom It May Concern:
Friends of the Carr Refuge, Inc.
4055 Wildlife Way
Vero Beach, FL 32963
321-872-8856
It has been brought to the attention of Friends of the Carr Refuge that there is a shortfall in funding for
sea turtle monitoring on the Indian River County portion of the Archie Carr National Wildlife Refuge. The
Refuge serves as one of the most important sea turtle nesting beaches in the world. We feel the
continued monitoring,of this area of beach is highly important to the research of sea turtles and efforts
toward their conservation.
Our board has budgeted $5000 to assist in funding this critical scientific monitoring program. We will be
raising money through our fundraising efforts specifically earmarked for this project. Please note,
though we don't foresee it, if we are unable to meet the fundraising goal we are prepared to use reserve
funds to cover this cost. Please let us know if there is anything beyond this letter of intent that you
require and we will be happy to provide it.
Sincerely,
Brandon Smith
President, Friends of the Carr Refuge
125
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Jason E. Brown,
County Administrator
THROUGH: Richard B. Szpyrka, P.E.,
Public Works Director
THROUGH: James D. Gray, Jr. M.S.,
Natural Resources Manager
FROM: Kendra Cope, M.S.,
Coastal Environmental Specialist
SUBJECT: Work Order No. 2018006-1 APTIM Environmental and Infrastructure,
Inc.
Sector 3 Beach Restoration Project
2018 Post Construction Sea Turtle Monitoring Services
DATE: February 9, 2018
DESCRIPTION AND CONDITIONS
On January 9, 2018 the Board approved a contract with APTIM Environmental and Infrastructure,
Inc. (APTIM) for professional coastal engineering and biological support services related to the
management and renourishment of the Sector 3 (Wabasso Beach) beach project area. Ecological
Associates Inc., (EAI) is APTIMs Sub -Consultant for sea turtle related monitoring.
The proposed Work Order No. 2018006-1 provides year 2018 post construction biological
monitoring services relative to sea turtle monitoring and reporting of the Sector 3 Beach
Restoration and Sector 3 Dune Repair Project Area. By Permit, annual Post Construction
Biological monitoring is required following a large scale beach restoration project. The 2018
monitoring entails the following:
• "Year 3" post construction monitoring
Work Order No. 2018006-1 totals a lump sum amount of $131,824.77
All subsequent annual biological monitoring of the Sector 3 Project area will be addressed
through future work orders.
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BCC Agenda Item
Sector 3 Beach Restoration
February 20, 2018
FUNDING
Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well
as allocation of the One Cent Sales Tax. Funding is budgeted and available for monitoring of the
Sector 3 Beach Restoration project in the Beach Restoration Fund, Sector 3 Post Construction
Monitoring Account No.12814472-033490-05054. Additionally, this work order is eligible for
50% state cost through the Florida Department of Environmental Protection Beach Management
Funding Assistance Program. Currently, State appropriated funds are available in FDEP Grant
Agreement No. 171R2.
RECOMMENDATION
The recommendation of staff is for the Board to approve Work Order No. 2018006-1 to the
contract with APTIM Environmental and Infrastructure, Inc. and authorize the Chairman to sign
on behalf of the County.
ATTACHMENT
APTIM Engineering and Infrastructure Inc., Work Order No. 2018006-1
APPROVED AGENDA ITEM FOR: FEBRUARY 20, 2018
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WORK ORDER NUMBER 2018006-1
SECTOR 3 BEACH AND DUNE RESTORATION PROJECT
2018 POST CONSTRUCTION
SEA TURTLE NEST MONITORING SERVICES
This Work Order Number 1 is entered into as of this day of
, 2018 pursuant to that certain Engineering and Biological Support
Services Contract for Sector 3 Agreement for Professional Services entered into as of
January, 2018 ("Agreement"), by and between Indian River County, a political
subdivision of the State of Florida ("COUNTY") and Aptim Environmental and
Infrastructure, Inc. ("CONSULTANT") and The Transet Group, Inc. D.B.A Ecological
Associates, Inc. ("SUB -CONSULTANT").
The COUNTY has selected the CONSULTANT to perform the professional
services set forth on Exhibit 1, attached to this Work Order and made part hereof by this
reference. The professional services will be performed by the SUB -CONSULTANT for
the fee schedule set forth in Exhibit 3, attached to this Work Order and made a part
hereof by 'this reference. The SUB -CONSULTANT will perform the professional
services within the timeframe more particularly set forth in Exhibit 3, attached to this
Work Order and made a part hereof by this reference all in accordance with the terms and
provisions set forth in the Agreement. The CONSULTANT will perform the professional
services within the timeframe more particularly set forth in Exhibit 2, attached to this
Work Order and made a part hereof by this reference all in accordance with the terms and
provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement,
nothing contained in any Work Order shall conflict with the terms of the Agreement and
the terms of the Agreement shall be deemed to be incorporated in each individual Work
Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as
of the date first written above.
CONSULTANT BOARD OF COUNTY COMMISSIONERS
Aptim Environmental & Infrastructure, Inc. OF INDIAN RIVER COUNTY
By: :E�(:��By:
Thomas P. Pierro, PE, D.CE
Peter D. O'Bryan, Chairman
Title: Director of Operations Attest: Jeffrey R. Smith, Clerk of Court and
Date: .22/2 f 010/g Comptroller
By:
(Seal) Deputy Clerk
Approved:
Jason E. Brown, County Administrator
Approved as to form and legal sufficiency:
By. 128
William K. DeBraal, Deputy County Attorney
�o
APTIM
February 9, 2018 (revised from 1/31/2018)
Mr. James Gray
Indian River County
Public Works - Coastal Engineering Division
180127th St, Building A
Vero Beach, FL 32960
Subject: Indian River County, FL
2018 Sea Turtle Monitoring
Sector 3 — 2018006 — Work Order #1
Aptim Environmental & Infrastructure, Inc.
2481 NW Boca Raton Blvd.
Boca Raton, FL 33431
Tel: +1 561 391 8102
Fax: +1561 3919116
www.aptim.com
Dear James:
This proposal outlines a scope of work for Aptim Environmental & Infrastructure, Inc. (APTIM) to provide
professional services to Indian River County (the County) for permit -required sea turtle monitoring for 2018 in
support of the Sector 3 Beach and Dune Restoration Project. The sea turtle monitoring will be managed and
coordinated by APTIM, and conducted by APTIM's approved subconsultant, Ecological Associates, Inc. (EAI). The
cost was developed following the provisions of the Professional Services Agreement between Indian River County
and APTIM, dated January 9, 2018, to provide Engineering and Biological support services for the Sector 3
(Wabasso Beach) Beach and Dune Renourishment Project (RFQ#2018006).
Scope of Work
APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to
the County. EAI has provided the enclosed proposal and cost breakdown for sea turtle monitoring tasks, which
states:
Services described herein conform to biological monitoring requirements stipulated in Florida Department of
Environmental Protection (FDEP) JCP Permit #0285993-0014C (and associated modifications) and applicable
U.S. Fish and Wildlife Service (USFWS) Biological Opinions (80s) for the Sector 3 Project. This work will satisfy
requirements for:
➢ Year 3 post -construction monitoring for the Sector 3 Dune Repair Project (R-24 to R-55)
The following tasks under this work order will be performed, as detailed in Exhibit A:
➢ Weekly post -construction escarpment monitoring
➢ Post -construction sea turtle monitoring
➢ Marking and monitoring of a representative sample of nests to determine nest fate and reproductive
success
➢ Comprehensive. nighttime lighting evaluations
➢ Data management and reporting, as conditioned in regulatory permits for the project
Proj.#631235921
129
APTIM February 9, 2018
0 Page 2 of 2
Fee Proposal
The lump sum cost for this work is $131,824.77.
Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide professional
services to the County. Please do not hesitate to call if you have any questions.
Sincerely,
William Reilly, P.E.
Senior Coastal Engineer
Aptim Environmental & Infrastructure, Inc.
Enclosure
cc: Thomas Pierro, P.E. D.CE, APTIM
Stacy Buck, APTIM
Debbie Neese, APTIM
Kendra Cope, IRC
At,
APTIM
via emag atedWm approved
via email dated 2/9%1018
Authorized Corporate Signature
Thomas Pierro
Printed Name
Director of Operations
Title
Sector'3 - 2098006 - Work Order #4
2018 Sea Turtle Monitoring
Indian River County, FL
Summary of Cost by Task
SPM REVISION: 2018- REV test
PROJECT NUMBER: 631235921
Task Number Task Name I LaborI Sub- I Equipment I Mate fiats I Mobilization/ I Totals
contractors Travel
Task 1 Sector 3 5 660.00 5 131,164.77 S S - S $ 131,824.77
2018 Sea Turtle Monitoring
Labor Title
Sector 3
2018 Sea Turtle Monitoring
Task 1
Labor Bill Labor
Rate Hours Cost
Project Manager/Sr. Coastal Eng.
$ 165.00 4
$ 660.00
Subcontractors
$ 124,918.83
5% coordination of Subcontractors
$ 6,245.94
Equipment
-
$
Materials
$
Mobilizationrrravel
$
TOTAL
41$
131,824.77
Submitted ey. William Reilly
Submttted To: Indian River County
Subndssion Date: 2/9/2018
Sector 3 — 2018006 — W0#1: 2018 Sea Turtle Monitoring
Proj. #631235921
130
Ms. Stacy E. Buck
Senior Marine Biologist
APTIM
2481 NW Boca Raton Blvd.
Boca Raton, FL 33431
EA I
. ECOLOGICAL ASSOCIATES, INC.
February 8, 2018
Re: Scope of Work and Cost Proposal for Sector 3 Post -construction Sea Turtle
Monitoring, Indian River County, Florida — 2018.
Dear Ms. Buck:
Ecological Associates, Inc. (EAI) is pleased to submit its Scope of Work (SOW) and Cost
Proposal for providing Professional Environmental Services in support of Indian River
County's Sector 3 Beach Restoration Project. Services described herein conform to
biological monitoring requirements stipulated in Florida Department of Environmental
Protection (FDEP) JCP Permit #0285993 -001 -JC (and associated modifications) and
applicable U.S. Fish and Wildlife Service (USFWS) Biological Opinions (BOs) for the
Sector 3 Project. This work will satisfy requirements for:
➢ Year 3 post -construction monitoring for the Sector 3 Dune Repair Project (R-24 to
R-55)
EAI will perform the following tasks under this SOW, as detailed in Exhibit A:
➢ Weekly post -construction escarpment monitoring;
➢ Post -construction sea turtle monitoring;
➢ Marking and monitoring of a representative sample of nests to determine nest fate
and reproductive success;
➢ Comprehensive nighttime lighting evaluations; and
➢ Data management and reporting, as conditioned in regulatory permits for the
project.
All sea turtle monitoring activities will be performed under Florida Fish and Wildlife
Conservation Commission (FWC) Marine Turtle Permit MTP -010 in accordance with
current or future superseding conditions and guidelines issued by the permitting agency.
Records of monitoring activities during 2018 will be provided to APTIM in a form and at
frequencies mutually agreed upon. Monthly data reports and a year-end summary report
131
Indian River County Sector 3 Sea Turtle Monitoring — 2018
.Scope of Work — February 8, 2018
will be provided to APTIM in accordance with Exhibits B (Deliverables) and C
(Schedules).
EAI will submit its monthly billings for services to APTIM in accordance with the fees set
forth in Exhibit D (Costs). No deposit or retainers are required. Implementation of EAI's
services is contingent upon receipt of a Notice to Proceed.
Ecological Associates, Inc. appreciates the opportunity to be of service to APTIM. Please
feel free to give me a call should you have any questions regarding EAI's proposed services
or associated costs.
Sincerely,
Niki Desjardin
Senior Project Manager
c: Stan DeForest/President
2
132
EXHIBIT A
Indian River County Sector 3 Sea Turtle Monitoring —2018
r:
ECOLOGICAL ASSOCIATES, INC.
P.O. BOX 405
JENSEN BEACH, FLORIDA 34958
SCOPE OF WORK
1) Mobilization. The area to be monitored (Study Area) extends from R-24 south to
R-68 in Indian River County (Sector 3). This includes the Sector 3 Dune Repair
Project and a control beach. Construction of the Dune Repair Project (R-24 to R-
55) was completed in the spring of 2015. The control beach, immediately south of
the Sector 3 Project Area, extends from R-60 to R-68. Post -construction
monitoring activities will commence March 1, 2018 and will continue through
approximately February 2019, as stipulated below. Pre-existing survey zone
boundaries will be verified and re -marked and project -specific data sheets and a
database will be created. A project schedule, as well as field survey schedules, will
be created and maintained throughout the life of the project. All equipment and
supplies necessary to successfully implement this Scope of Work are available.
2) Project Management. An EAI Project manager will oversee all fieldwork and data
management operations and consult with APTIM on permit requirements as
necessary. EAI will coordinate its monitoring activities with other FWC Marine
Turtle Permit Holders within the Project Area to ensure that it does not interfere
with their data collection efforts. EAI will also coordinate its monitoring activities
in a manner that best supports the County's Habitat Conservation Plan (HCP) and
will furnish data collected under this Scope of Work to the County's HCP
Coordinator in a format compatible with the HCP database.
3) Post -construction Nesting Beach Sea Turtle Monitoring and Reporting (FDEP
Specific Condition No. 29). Daily early morning nesting surveys will be conducted
throughout the Sector 3 Study Area beginning March I and continuing
uninterrupted through approximately October 31, 2018. Thereafter, the surveys
will be conducted approximately three days each week until the last marked nest
has been evaluated. Monitoring will be performed by EAI staff either on foot or
using ATVs.
During the daily surveys, all emergences (turtle crawls) apparent from the previous
night will be interpreted to determine which species of turtle came ashore and
whether or not it nested. Crawls will be denoted as being either above or below the
previous high tide line.
Throughout the period of monitoring, all nests and false crawls will be enumerated
by pre -established survey Izones and their approximate geographic locations
determined by GPS (sub -meter accuracy). Each false crawl will be categorized as
to the stage at which the nesting attempt was abandoned in conformance with FWC
requirements for beach restoration projects. Additionally, all obstacles (e.g.,
133
EXHIBIT A
Indian River County Sector 3 Sea Turtle Monitoring — 2018
scarps, seawalls, etc.) encountered by turtles during their emergences onto the
beach will be documented.
Upon conclusion of sea turtle data analyses for the 2018 nesting season, an
interpretive report, including an assessment of project impacts, if any, will be
submitted to APTIM. This assessment will be based on statistical and other
comparisons of nesting and reproductive success data between treatment and
control areas. EAI will meet with APTIM to review and identify any changes
warranted in the interpretive report. If such changes are made by EAI, a revised
final report will be prepared and submitted to APTIM.
4) Nest Marking and Monitoring (FDEP Specific Condition No. 29). A
representative sample of nests (approximately 130 loggerhead, 130 green turtle and
101eatherback nests) within the Sector 3 Project Area, as well as the control, will
be marked between March I and September 15, 2018. The clutch of each marked
nest will be located and surrounded by a series of small stakes connected by brightly
colored surveyor's tape. Each marked nest will be monitored throughout its
incubation period to determine nest fate (e.g. hatched, washed out, depredated,
vandalized, etc.). After an appropriate incubation period, and in accordance with
FWC protocols, nests will be excavated to determine reproductive success. Two
measures of reproductive success will be calculated: hatching success (the
percentage of eggs in the nest that hatch) and emerging success (the percentage of
eggs in the nest that produce hatchlings which successfully escape from the nest).
At the direction of Indian River County, late season nests will be barricaded for
conservation purposes.
5) Pre -season Escarpment Survey and Weekly Post -construction Scarp Monitoring
(FDEP Specific Condition No. 24). A complete escarpment (scarp) survey will be
conducted within the Sector 3 Project Area during the first week of February 2018
and the results submitted to APTIM. The length, average height category, and
approximate maximum height (as described below) will be recorded for both beach
and dune scarps. As dune scarps effectively mark the landward extent of suitable
nesting habitat, it may not be necessary to monitor these throughout the entire
nesting season. APTIM shall be responsible for seeking clarification from the
USFWS regarding weekly monitoring of dune scarps. EAI will provide data or
clarification regarding this matter where needed.
Additionally, scarp surveys will be conducted on a weekly basis within the Sector
3 Project Area from March 1 through September 30, 2018. In accordance with
FWC protocol, scarps are functionally defined as an abrupt change in beach slope
(greater than 45°) at least 18 inches in height that persists for a distance of 100 feet
or more. The location of both the northern and southern terminus of each scarp will
be recorded by GPS and average scarp height assigned to one of three categories (0
to 2 feet, 2 to 4 feet, and 4 feet or higher). Additionally, the maximum height of
each scarp will be measured. The location (relative to R monuments), approximate
length, height category, maximum height, and percentage of beach scarped will be
4 134
EXHIBIT A
Indian River County Sector 3 Sea Turtle Monitoring — 2018
presented in tabular and/or graphic format for reporting purposes. EAI will submit
weekly reports of scarp monitoring data to FWC (m arineturtle(amvfwc.com).
EAI will also notify APTIM of any persistent scarps within the Project Area that
may interfere with sea turtle nesting. APTIM shall be responsible for notifying
FWC of the presence of those scarps and for coordinating any remediation
measures, if required
6) Nighttime Lighting Evaluations (FDEP Specific Condition No. 27). EAI will
conduct two nighttime lighting evaluations of beachfront properties within the
Sector 3 Dune Repair Project Area to assess compliance with local ordinances as
well as the County's Habitat Conservation Plan. One survey will be conducted in
May 2018, with a follow-up survey between July 15 and August 1. During the
surveys, non-compliant beachfront lighting will be identified, assigned a problem
code, and recorded using highly -accurate GPS systems. A report will be generated
in Excel format (which will include County -specific data fields), identifying each
facility and all non-compliant lights as well as recommended modifications. Geo -
referenced maps will also be created showing the locations of all non-compliant
lights identified during the surveys. Following submission of an annual report on
enforcement actions (to be prepared by Indian River County), and EAI Lighting
Specialist will participate in a meeting with Indian River County and FWC to
discuss the survey reports and marine turtle disorientations documented within the
Project Area.
7) Summary Spreadsheet of Sea Turtle Nesting Activity (FDEP Specific Condition
No. 29). At the end of the 2018 nesting season, an Excel spreadsheet of all nesting
activity and reproductive success will be prepared and submitted electronically to
APTIM, JCP Compliance, and FWC.
135
EXHIBIT B
Indian River County Sector 3 Sea Turtle Monitoring — 2018
ECOLOGICAL ASSOCIATES, INC., P.O. BOX 405, JENSEN BEACH, FL 34958
DELIVERABLES
Unless otherwise specified below, all reports will be delivered in a format (hard and/or
electronic) and in such quantities as requested by APTIM. All reports will be submitted to
APTIM in accordance with Exhibit C.
Sea Turtle Monitoring
Scarp Monitoring: Data will be reported electronically each week to FWC and APTIM.
APTIM will also be notified by phone or electronically of any scarps that persists
for two consecutive weekly surveys. Results of surveys conducted each month,
including locations, heights, and lengths will tabulated for inclusion in the Monthly
Reports.
Monthly Reports: Records of daily sea turtle monitoring activities, including names of
monitoring personnel and times of monitoring will be maintained for the duration
of monitoring. Within two weeks following the end of each calendar month, EAI
will submit a summary. report to APTIM that will include, a log of sea turtle
monitoring activities, number of sea turtle nests and false crawls by species, number
of sea turtle nests marked and evaluated, and results of scarp monitoring. Upon
conclusion of data analyses for the 2018 nesting season, a draft interpretive report,
including an assessment of project impacts, if any, will be submitted to APTIM.
This assessment will be based on statistical and other comparisons of nesting and
reproductive success between treatment and control areas.
Nesting Database: All sea turtle data collected during the project will be incorporated into
an Access database created and maintained by EAI. These data will be provided to
APTIM in an electronic format, as mutually agreed upon, for incorporation into the
County's HCP database. Appropriate QA measures will be implemented to ensure
that data are completely and accurately transferred from field data sheets to the
electronic database.
Lighting Evaluation Reports: Results of nighttime lighting evaluations will be summarized
in an Excel spreadsheet and a geo-referenced map will be compiled and submitted
to APTIM in electronic format.
Summga Spreadsheet: Upon completion of all field monitoring activities, an Excel
spreadsheet tabulating sea turtle monitoring results, as required by FDEP Specific
Condition No. 29, will be prepared and submitted to APTIM, JCP Compliance, and
FWC.
136
EXHIBIT C
Indian River County Sector 3 Sea Turtle Monitoring — 2018
ECOLOGICAL ASSOCIATES, INC., P.O. BOX 405, JENSEN BEACH, FLORIDA 34958
PROJECT SCHEDULE
Deliverables. The following work products will be provided to APTIM in accordance with the schedules specified below:
Deliverable
Content
Delivery Date
Dates and times of monitoring, names of monitoring personnel,
Within two weeks of the last
ch month day of each following
ea following
Monthly Sea Turtle
numbers of sea turtle emergences by species, results of escarpment
delivery er vices March
ser
Data Summaries
monitoring, and numbers of nests marked and evaluated for
report due later than April
reproductive success.
15
Nighttime Lighting
Excel spreadsheet detailing all non-compliant lights observed,
Within 30 days of completion
Evaluation Reports
including all County -required data fields; geo-referenced map.
of evaluation
FDEP Sea Turtle
Monitoring Data
All nesting survey data and reproductive success data summarized in
December 31, 2018
Spreadsheet
an Excel spreadsheet.
7
EXHIBIT D
Indian River County Sector 3 Sea Turtle Monitoring — 2018
ECOLOGICAL ASSOCIATES, INC.
P.O. BOX 405
JENSEN BEACH, FLORIDA 34958
COST PROPOSAL — February 8, 2018
PROJECT NAME: Indian River Co. Sector 3 Sea Turtle Monitoring — 2018
(EAI Project No. 18-339)
CLIENT: Ms. Stacy E. Buck
Senior Marine Biologist
APTIM
2481 NW Boca Raton Blvd.
Boca Raton, FL 33431
Phone: (561) 361-3185 * Email: Stacy.Buck@APTIM.com
PROJECT DESCRIPTION: Daily sea turtle monitoring and related permit -compliance
monitoring along approximately 9.0 miles of beach from R-24 south to R-68 in
Indian River County, Florida, as described in EAI's Scope of Work dated February
8, 2018.
PROJECT DURATION: February 2018 — February 2019.
COSTS: All services will be provided at fixed cost (except where noted), as itemized
below.
TASK'
DESCRIPTION
CHARGE
Mobilization (re-eestablish survey markers, stage equipment
1
and supplies, prepare project -specific procedures and data
$1,105.00
sheets
2
Project management (project oversight, coordination,
$3,105.00
scheduling and reporting)
Post -construction sea turtle monitoring, including daily
3
fieldwork, data entry, QA/QC, and final report (March —
$92,096.43
October 20182
4
Nest marking, monitoring, and reproductive success
$15,984.00
analysis 3
5a
Pre -season scarp survey
$587.80
5b
Weekly scarp monitoring March — September 2018
$3,365.00
6a
Nighttime lighting evaluations
$5,030.60
6b
Post -season lighting meeting with County and agencies
$475.00
7
FDEP permit -required sea turtle monitoring data spreadsheet
$3,170.00
and report
TOTAL COST
$124,918.83
Corresponds to numbers shown in Scope of Work, Exhibit A.
z Nesting surveys conducted after October 31, 2018 will be charged at a daily rate of $220.00
3 Nests barricaded as Conservation Nests after September 15, 2018 will be billed at per nest rate of $25.00.
138
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Directo0
James W. Ennis, P.E., County Enginee�p p
FROM: William Johnson, P.E., Roadway Production Engineer,,.4
SUBJECT: Approval of Ranking of Contractors and Award for RFP No. 2018024
74th Ave and 1St St SW Culvert Replacement IRC -1737
DATE: January 31, 2018
DESCRIPTION AND CONDITIONS
The project will consist of the replacement of a failed culvert at the intersection of 74th Avenue and 1st Street
SW, in the Indian River Farms Water Control District Sub -Lateral C-2 Canal. The proposed pipe will be a 120"
Corrugated Steel Pipe (CSP) with RipRap end treatments. Guardrail will be added on both sides of the road
adjacent to the proposed work. Other work will include temporary canal bypass, earthwork, maintenance of
traffic, erosion control and any other incidental work required to complete the project.
A Request for Proposals (RFP) was issued on December 31, 2017, with Demandstar'notifying 479 potential
suppliers, 32 firms acquiring the RFP documents, 12 contractors attending the mandatory pre -submittal
conference and six firms submitting proposals.
The selection committee comprised of the Public Works Director, County Engineer and Roadway Production
Engineer independently evaluated and ranked the proposals in accordance with the Purchasing Manual. These
scores were compiled by the committee and an overall ranking of firms developed.
The final ranking established by the committee is:
1. Johnson -Davis, Inc.
2. Sunshine Land Design, Inc.
3. Timothy Rose Contracting, Inc.
4. Hinterland Group, Inc.
5. Loren Jock Trucking, Inc.
6. Centerline Utilities was disqualified for failure to acknowledge Addendum #1
The committee's top ranked firm is Johnson -Davis, Inc. with a price proposal of $179,540.00. The project
estimate provided bythe Indian River County Engineering Department, for replacement of the failed culvert and
all included site work totaled $189,159.64.
R\Public Works\ENGINEERING DIVISION PROJECTS\1737 74th Ave and 1st SW Culvert Replacement\3-Admin\Agenda Items\8CC_A9enda_IW9
1737_20180201.doc
PAGE TWO
Recommendation of Award RFP No. 2018024
BCC Agenda 2/20/2018
FUNDING
Johnson -Davis, Inc.'s price proposal for the project was $179,540.00. Funding is available from Optional Sales
Tax/74th Ave/15t ST SW/Account No. 31521441-066510-18003.
Staff recommends the Board approve the committee's final ranking of firms and award the project to Johnson -
Davis, Inc. Staff also recommends the Board approve the sample agreement and authorize the Chairman to
execute it after the County Attorney has approved it as to form and legal sufficiency, after receipt and approval of
the Public Construction bond bythe County Attorney, and after receipt and approval of the required insurance by
the Risk Manager.
ATTACHMENTS
Sample Contract Agreement
AGENDA ITEM FOR FEBRUARY 20, 2018
140
)PAPublic Works\ENGINEERING DIVISION PROJECTS\1737 74th Ave and tat SW Culvert Replacement\l-AdminWgcnda Itcros\BCC_Agenda BRC-1737_20180201.doc
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 Johnson -Davis. Inc.
(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in of the mutual covenants
hereinafter set forth, agree as follows:
ARTICLE 3 - WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
The project will consist of the replacement of an existing culvert at the intersection of 74th Avenue
and 1st Street SW, in the Indian River Farms Water Control District Sub -Lateral C-2 Canal. The proposed pipe
will be a 120" Corrugated Steel Pipe (CSP) with RipRap end treatments. Guardrail will be added on both sides
of the road adjacent to the proposed work. Other work will include temporary canal bypass, earthwork,
maintenance of traffic, erosion control and any other incidental work required to complete the project.
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: 74TH AVE AND 11T ST SW CULVERT REPLACEMENT
County Project Number: 1737
Bid Number: 2018024
Project Address: 74th Ave and 11t St SW, Vero Beach, Florida 32968
ARTICLE 3 - CONTRACT TIMES
3.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the specifications are of the essence of the Agreement.
3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be completed and ready for final payment on or before the 90" day after the date
when the Contract Times commence to run.
3.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER
will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02
above, plus any extensions thereof allowed in writing as a change order to this Agreement.
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Liquidated damages will commence for this portion of work. The parties also recognize the delays,
expense, and difficulties involved in proving in a legal proceedingthe actual loss suffered by OWNER
if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall
pay OWNER $958.00 for each calendar day that expires after the time specified in paragraph 3.02
for completion and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 4 - CONTRACT PRICE
4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to
the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph
4.01.6, below;
A. For all Work, as determined by the CONTRACTOR's submitted Itemized Cost Proposal, attached
hereto as Exhibit A;
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $ 179,540.00
Written Amount: One Hundred Seventy -Nine Thousand Five Hundred Forty Dollars and
00/100
ARTICLE 5 - PAYMENT PROCEDURES
5.01 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the
approved partial payment request as recommended by ENGINEER in accordance with the
provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et.
seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the
CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%)
completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER
shall retain five percent (5%) of the payment amount due to CONTRACTOR until final
completion and acceptance of all workto be performed by CONTRACTOR underthe Contract
Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%)
completion means the point at which the County as OWNER has expended fifty percent
(50%) of the total cost of the construction services work purchased under the Bid and
Specification Documents, together with all costs associated with existing change orders and
other additions or modifications to the construction services work provided under the
Contract Documents.
5.02 Pay Requests.
A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All
progress payments will be on the basis of progress of the work measured by the schedule
of values established, or in the case of unit price work based on the number of units
completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section
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218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for
up to one half (1/2) of the retainage held by the County as OWNER, and the County as
OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the
subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section
255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or
the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is
attributable to the labor, services, or materials supplied by one or more subcontractors
or suppliers, the Contractor shall timely remit payment of such retainage to those
subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005),
CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall
receive immediate written notice of all decisions made by CONTRACTOR to withhold
retainage on any subcontractor at greaterthan five percent (5%) after fifty percent (50%)
completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the
withheld retainage until the final pay request.
5.03 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.
5.04 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a
release to the OWNER from all claims and all liability to the CONTRACTOR other than
claims in stated amounts as may be specifically excepted by the CONTRACTOR for all
things done or furnished in connection with the work under this Agreement and for every
act and neglect of the OWNER and others relating to or arising out of the work. Any
payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties
from any obligations under this Agreement, the Invitation to Bid or the Public
Construction Bond.
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.
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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 otherterms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof
by OWNER is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
(1) This Agreement (pages 1 to 9, inclusive);
(2) Notice to Proceed (IRC Form No. 00550);
(3) Public Construction Bond;
(4) Certificate of Liability Insurance;
(5) Request for Proposals 2017024
144
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(6) Addendum Number 1;
(7) CONTRACTOR'S Submittal;
• Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 12 to 13• inclusive);
• 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) Charge Order(s).
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
9.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding
on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, 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
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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.
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@irceov.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.
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Article 101: TERMINATION OF CONTRACT (Contracts for more than the simplified acquisition
threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian
Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41
U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
All contracts in excess of $10,000 must address termination for cause and for convenience by the non -
Federal entity including the manner by which it will be effected and the basis for settlement.)
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:
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(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.
[The remainder of this page was left blank intentionally.]
148
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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 —.120 (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:
By:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name: James W. Ennis, P.E., PMP
Title: County Engineer
Address: 180127th Street. Vero Beach, FL 32960
Phone: (772) 226-1221
Email: Tennis@ircgov.com
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.)
149
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM 8T
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Direct
James W. Ennis, P.E., County Engineer/�D
FROM: William Johnson, P.E., Roadway Production Engineer k4i
SUBJECT: Approval of Ranking of Contractors and Award for RFP No. 2018033
Blue Cypress Lake Road Culvert Replacement IRC -1758
DATE: January 31, 2018
DESCRIPTION AND CONDITIONS
The project will consist of the replacement of a failed culvert crossing Blue Cypress Lake Road located north of
State Road 60 and east of the Florida's Turnpike. The proposed pipe to be constructed will be a 38"x60" Elliptical
Reinforced Concrete Pipe (ERCP), with concrete end walls added to the pipe ends. Other work will include
temporary canal bypass, temporary sheet pile, earthwork, pavement replacement, maintenance of traffic, erosion
control and any other incidental work required to complete the project.
A Request for Proposals (RFP) was issued on December 31, 2017, with Demandstar notifying 521 potential
suppliers, 34 firms acquiring the RFP documents, 11 contractors attending the mandatory pre -submittal
conference and six firms submitting proposals.
The selection ,committee comprised of the Public Works Director, County Engineer and Roadway Production
Engineer independently evaluated and ranked the proposals in accordance with the Purchasing Manual. These
scores were compiled by the committee and an overall ranking of firms developed.
The final ranking established by the committee is:
1. Hinterland Group, Inc.
2. Johnson -Davis, Inc.
2. Timothy Rose Contracting, Inc.
4. Sunshine Land Design, Inc.
5. Loren Jock Trucking, Inc.
6. TSI Disaster Recovery, LLC was disqualified for failure to acknowledge Addendum #2
The committee's top ranked firm is Hinterland Group, Inc. with a price proposal of $176,000.00. The project
estimate provided by the Indian River County Engineering Department, for replacement of the failed culvert and
all included site work totaled $180,000.00.
150
PAGE TWO
Recommendation of Award RFP No. 2018033
BCC Agenda 2/20/2018
FUNDING:
Hinterland Group, Inc.'s price proposal forthe project was $176,000.00. Funding is available from Optional Sales
Tax/Blue Cypress Culvert Replacement/Hurricane Irma -Account Number 31521441-066510-17026. Indian River
County will submit incurred expenses to FEMA for reimbursement of project costs.
RECOMMENDATION:
Staff recommends the Board approve the committee's final ranking of firms and award the project to Hinterland
Group, Inc. Staff also recommends the Board approve the sample agreement and authorize the Chairman to
execute it after the County Attorney has approved it as to form and legal sufficiency, after receipt and approval of
the Public Construction bond bythe County Attorney, and after receipt and approval ofthe required insurance by
the Risk Manager.
ATTACHMENTS
Sample Agreement
AGENDA ITEM FOR FEBRUARY 20.2018
151
FAPublic Works\ENGINEERING DIVISION PROJECTS" 758 Blue Cypress Lake Rd Culvert Replacementll-Adm!MAgenda ItemsWpproval Award1BCC_Adenda BRC-1758_20180201.doc
Sample Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida
organized and existing underthe Laws of the State of Florida, (hereinafter called OWNER)
and Hinterland Group, Inc.
(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:
The project will consist of the replacement of an existing culvert crossing Blue Cypress Lake Road
located north of State Road 60 and east of the Florida's Turnpike. The proposed pipe to be constructed will
be a 38"x60" Elliptical Reinforced Concrete Pipe (ERCP), with concrete end walls added to the pipe ends.
Other work will include temporary canal bypass, temporary sheet pile, earthwork, pavement replacement,
maintenance of traffic, erosion control and any other incidental work required to complete the project.
ARTICLE 2 -THE PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Project Name:
Bid Number:
Project Address:
ARTICLE 3 - CONTRACT TIMES
3.01 Time of the Essence
BLUE CYPRESS LAKE ROAD CULVERT REPLACEMENT
2018033
Blue Cypress Lake Road, Vero Beach, Florida 32966
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the specifications are of the essence of the Agreement.
3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be completed and ready for final payment on or before the 60th day after the date
when the Contract Times commence to run.
3.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is ofthe.essence of this Agreement and that OWNER
will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02
above, plus any extensions thereof allowed in writing as a change order to this Agreement.
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Liquidated damages will commence for this portion of work. The parties also recognize the delays,
expense, and difficulties involved in proving in a legal proceedingthe actual loss suffered by OWNER
if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall
pay OWNER $958.00 for each calendar day that expires after the time specified in paragraph 3.02
for completion and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 4 - CONTRACT PRICE
4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to
the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph
4.01.6, below:
A. For all Work, as determined by the CONTRACTOR's submitted Itemized Cost Proposal, attached
hereto as Exhibit A;
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $ 176,000.00
Written Amount: One Hundred Seventy -Six Thousand Dollars and 00/100
ARTICLE 5 - PAYMENT PROCEDURES
5.01 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the
approved partial payment request as recommended by ENGINEER in accordance with the
provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et.
seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the
CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%)
completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER
shall retain five percent (5%) of the payment amount due to CONTRACTOR until final
completion and acceptance of all work to be performed by CONTRACTOR under the Contract
Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%)
completion means the point at which the County as OWNER has expended fifty percent
(50%) of the total cost of the construction services work purchased under the Bid and
Specification Documents, together with all costs associated with existing change orders and
other additions or modifications to the construction services work provided under the
Contract Documents.
5.02 Pay Requests.
A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All
progress payments will be on the basis of progress of the work measured by the schedule
of values established, or in the case of unit price work based on the number of units
completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section
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218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for
up to one half (1/2) of the retainage held by the County as OWNER, and the County as
OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the
subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section
255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or
the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is
attributable to the labor, services, or materials supplied by one or more subcontractors
or suppliers, the Contractor shall timely remit payment of such retainage to those
subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005),
CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall
receive immediate written notice of all decisions made by CONTRACTOR to withhold
retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%)
completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the
withheld retainage until the final pay request.
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.
5.04 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a
release to the OWNER from all claims and all liability to the CONTRACTOR other than
claims in stated amounts as may be specifically excepted by the CONTRACTOR for all
things done or furnished in connection with the work under this Agreement and for every
act and neglect of the OWNER and others relating to or arising out of the work. Any
payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties
from any obligations under this Agreement, the Invitation to Bid or the Public
Construction Bond.
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.
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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 otherterms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof
by OWNER is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
(1) This Agreement (pages 1to 14, inclusive);
(2) Notice to Proceed (IRC Form No. 00550);
(3) Public Construction Bond;
(4) Certificate of Liability Insurance;
(5) Request for Proposals 2017033
(6) Addendum Numbers 1 & 2 ;
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(7) CONTRACTOR'S Submittal;
• Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 12 to 13, inclusive);
• 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) Charge Order(s).
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
9.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding
on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, 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
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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.
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.
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ARTICLE 10 — FEDERAL CLAUSES
10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work:
A. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of 'federally assisted construction contract" in 41 CFR Part 60-1.3 must
include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor."
(1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a
'federally assisted construction contract" as any agreement or modification thereof between any
applicant and a person for construction work which is paid for in whole or in part with funds
obtained from the Government or borrowed on the credit of the Government pursuant to any
Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or
any application or modification thereof approved by the Government for a grant, contract, loan,
insurance, or guarantee under which the applicant itself participates in the construction work.
(2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the
construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
highways, or other changes or improvements to real property, including facilities providing utility
services. The term also includes the supervision, inspection, and other onsite functions incidental
to the actual construction.
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
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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 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. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non -Federal entity lin excess_ of $100,000 that involve the employment
of mechanics or lab -ore s must include a provision for compliance with 40 U.S.C. 3702 and 3704,
as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements
of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act:
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
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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 shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (1) through (4) of this section.
C. Rights to Inventions Made Under a Contract or Agreement. If the 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.
The term funding agreement means any contract, grant, or cooperative agreement entered into
between any Federal agency, other than the Tennessee Valley Authority, and any contractor f_oor'
the performance of experimental, developmental, or research work funded in whole or in part by
the Federal government. This term also includes any assignment, substitution of parties, or
subcontract of any type entered into for the performance of experimental, developmental, or
research work under a funding agreement as defined in the first sentence of this paragraph.
Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard
Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling
Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal
Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA
awards under these programs do not meet the definition of 'funding agreement."
D. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a
provision that requires the non -Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
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.
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(2) The contractor agrees to report each violation to Indian River County and understands and
agrees that Indian River County will, in turn, report each violation as required to assure
notification to the Hinterland Group, Inc., 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.
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 Indian River County and understands and
agrees that Indian River County will, in turn, report each violation as required to assure
notification to the Hinterland Group, Inc.. 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. Debarment and Suspension. In general, an "excluded" party cannot receive a Federal grant award
or a contract within the meaning of a "covered transaction," to include subawards and
subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to
recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction,"
which is any non -procurement transaction (unless excepted) at either a "primary" or "secondary"
tier. Although "covered transactions" do not include contracts awarded by the Federal
Government for purposes of the non -procurement common rule and DHS's implementing
regulations, it does include some contracts awarded by recipients and subrecipient. Specifically, a
covered transaction includes the following contracts for goods or services: (1) The contract is
awarded by a recipient orsubrecipientin the amount of at least $25,000. (2) The contract requires
the approval of FEMA, regardless of amount. (3) The contract is for federally -required audit
services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a
recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.
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 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
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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.
Procurement of recovered materials. A non -Federal entity that is a state agency or agency of
a political subdivision of a state and its contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $1,0,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines. fidentifv if onv products listed will be used in the aroiect:
a47415a518f661 d5a50ab26c4&mc=true&node=tpt40.27.247&ran=div5
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.
J. Access to Records: The following access to records requirements apply to this contract:
(1) The contractor agrees to provide Indian River 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 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.
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(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.
K. 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.
L. 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.
M. 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.
N. 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.
0. 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.
Article 11: TERMINATION OF CONTRACT (Contracts for more than the simplified acquisition
threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian
Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41
U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
All contracts in excess of $10,000 must address termination for cause and for convenience by the non -
Federal entity including the manner by which it will be effected and the basis for settlement.)
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;
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(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.
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1
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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:
By:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name: James W. Ennis, P.E., PMP
Title: County Engineer
Address: 180127th Street
Vero Beach, Florida 32960
Phone: (772) 226-1221
Email: jennis@ircgov.com
CONTRACTOR:
Hinterland Group, Inc.
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.)
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: James W. Ennis, P.E., PMP, County Engineer
SUBJECT: Final Payment, Release of Retainage and Change Order No. 1
Indian River County Courthouse Judge's Security Upgrade Project
IRC -1621
DATE: February 1, 2018
DESCRIPTION AND CONDITIONS
On June 13, 2017, the Board of County Commissioners awarded Bid No. 2017050 to Summit
Construction of Vero Beach, LLC in the amount of $354,250.00 for the construction of exterior
security improvements to the County Courthouse for the Judge, including a 10 -foot concrete
wall that will surround the existing.ludges parking area, aesthetic features matchingthe existing
courthouse, a remote operated security gate, a security door installed on the south side of the
parking lot, lighting, landscaping and sidewalk upgrades to meet A.D.A accessibility.
Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the
total contract price by $23,827.25 for a final cost of $330,422.75 and make final contract time
adjustments.
Summit Construction of Vero Beach, LLC has completed the project and has been paid
$281,761.69 to date, with $14,829.56 held in retainage. Summit Construction of Vero Beach,
LLC has submitted Application for Payment No. 5 FINAL in the amount of $48,661.06 for final
payment in the amount of $33,831.50 and release of retainage.
FUNDING
Funding is budgeted and available from the following:
Optional Sales Tax/Facilities Maintenance/
Account No. 31522019-066510-16033
Courthouse Judges Security
$33,831.50
Optional Sales Tax Retainage/Facilities
Account No. 315-206000-16033
Maintenance/Courthouse Judges Security
$14,829.56
166
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Final Payment, Release of Retainage and Change Order No. 1
Indian River County Courthouse Judge's Security Upgrade Project
BCC Agenda February 20, 2018
RECOMMENDATION
Staff recommends approval of Change Order No.1 and payment of Application for Payment No.
5 FINAL to Summit Construction of Vero Beach, LLC in the amount of $48,661.06.
ATTACHMENTS
1. Application for Payment No. 5 FINAL
2. Change Order No. 1
DISTRIBUTION
Summit Construction of Vero Beach, LLC
APPROVED AGENDA ITEM FOR FEBRUARY 20, 2018
167
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SECTION 00622 - Contractor's Application for Payment
INDIAN RIVER COUNTY COURTHOUSE
JUDGE'S SECURITY UPGRADE PROJECT
Application for Payment No. 5 FINAL
For Work Accomplished through the period of November 26 2017 through December 25, 2017
To: Indian River County (OWNER)
From: Summit Construction of Vero Beach (CONTRACTOR)
Bid No.: 2017050
Project No.: IRC -1621
1) Attach detailed schedule and copies of all paid invoices.
1. Original Contract Price: $354,250.00
2. Net change by Change Orders and Written Amendments (+ or -): $-23,827.25
3. Current Contract Price (1 plus 2): $330,422.75
4. Total completed and stored to date: $330,422.75
5. Retainage (per Agreement):
0% of completed Work:
0% of retainage: $0.00
Total Retainage: $0.00
6. Total completed and stored to date less retainage (4 minus 5): $330,422.75
7. Less previous Application for Payments: $281,761.69
8. DUE THIS APPLICATION (6 MINUS 7): $48,661.06
CONTRACTOR'S CERTIFICATION:
UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor
and materials listed on this request for payment have been used in the construction of this Work; (2)
payment received from the last pay request has been used to make payments to all subcontractors,
laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work,
materials and equipment incorporated in said Work or otherwise listed in or covered by this
Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security
interests and encumbrances (except such as are covered by a Bond acceptable to OWNER
indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work
covered by this Application for Payment is in accordance with the Contract Documents and not
defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further
certify that all persons doing work upon or furnishing materials or supplies for this project or
improvement under this foregoing contract have been paid in full, and that all taxes imposed by
Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and
discharged, and that I have no claims against the OWNER.
Attached to or submitted with this form are:
1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers,
materialmen and suppliers except as listed on Attachment A, together with an explanation as
to why any release of lien form is not included;
00622-1
00622 - Contractor's Application for Payment -final doc
1 UiS
%kSummil-server\users\ChristyURC JUDGES SECURIT1100622 - Contractors Application for Payment - rinal.doc Rev. 05101
2. Updated Construction Schedule per Specification Section 01310, and
Dated Z(�
l
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Page 2 of 5
(CONTRACTOR — must be signed by
an Officer of the Coorpro"ratijon)
}lf1Z
Print Name and Title
Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared
who being by me first duly sworn upon oath, says that he/she is the
0 u,—,y1- of the CONTRACTOR mentioned above and that he/she has been duly
authorized to act on behalf of it, and that he/she executed the above Contractor's Application for
Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of
the statements contained herein are true, correct, and complete. Subscribed and sworn to before
me this 4 -"--day ofl, v- i a a- y _, 20 [ �< .
ise� YY know to me or has produced
as Identification.
t � �
NOTARY PUBLIC: �J
(SEAL) Printed name:�-
rt►�;.; CHRISTYSCHWARR Commission No.: ir� 5(0 551
* * MY COMMISSION # FF 936557
EXPIRES: October 21, 2018 Commission Expiration: zl,Z�i,�,
N'�oF CdA°` llondsd UTU D dpett4o" Servkes �
Please remit payment to:
Contractor's Name: Summit Construction of Vero Beach
Address: 2837 Flight Safety Drive, Vero Beach, FL 32960
[The remainder of this page was left blank intentionally]
00622 - Contractors Application for Payment -to doc
00622-2 U�
\\Summit-serveAusers\ChristylIRC JUDGES SECURIM00622 - Contractor's Application for Payment-final.doc Rev. 05/01
SURETY'S CONSENT OF PAYMENT TO CONTRACTOR:
The Surety,
OLD REPUBLIC SURETY COMPANY
Page 3 of 5
,a
corporation, in accordance with Public Construction Bond Number OCN2431458, hereby
consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in
this CONTRACTOR's APPLICATION FOR PAYMENT.
TO BE EXECUTED BY CORPORATE SURETY:
Attest:
N/A
OLD REPUBLIC SURETY COMPANY
Secretary Corporate Surety
Box 668'
Winter Park, FL 32793
Business Address
BY:
Pri Name: James E. Dickmeyer
TI e: Attorney -In -Fact
(Affix Corporate SEAL)
STATE OF FLORIDA
COUNTY OF MC XVt n
Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared
James E. Dickmeyer , to me well known or who produced
Drivers License as identification, who being by me first duly sworn
upon oath, says that he/she is the Attorney -In -Fact for
Old Republic Sur6nd that he/she has been authorized by old Republic Surety co. it to approve payment
by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for
Payment. Subscribed andto before me this 28 day of
Dec., 20 17 (`pm
..o�" {;i'u',�,•, PAMELA D. DAVIDGE
MY WMMISSION # FF 143343
EXPIRES: November 18, 2018
fp t Bonded Thru Notary Public Undermilers
Notary Public, State of _
My Commission Expires:
***R**floc* *tk*it** ******!c*fki�****-tit*ie*ieie*ieie*link**icicic9c**idt**ic##*ie9eik�Y#**rtr**ik,k***!k*****�k** * ie***�tx*frr�x**�kfk�krk
[The remainder of this page was left blank intentionally]
00622 - Contractor's Application for Payment -.03-10 rev.doc
00622-3
11Summit-serverluserslChristy%IRC JUDGES SECURITYl00622 - Contractors Application for Payment- 03-10 rev.doc Rev. 05/01 170
Page 4 of 5
CERTIFICATION OF ENGINEER:
I certify that I have reviewed the above and foregoing Periodic Estimate for Partial
Payment; that to the best of my knowledge and belief it appears to be a reasonably
accurate statement of the work performed and/or material supplied by the Contractor. I am
not certifying as to whether or not the Contractor has paid all subcontractors, laborers,
materialmen and suppliers because I am not in a position to accurately determine that
issue.
Dated. b Is
I - SI ATURE
CERTIFICATION OF INSPECTOR:
I have checked the estimate against the Contractors Schedule of Amounts for Contract
Payments and the notes and reports of my inspections,of the project. To the best of my
knowledge, this statement of work performed and/or materials supplied appears to be
reasonably accurate, that the Contractor appears to be observing the requirements of the
Contract with respect to construction, and that the Contractor should be paid the amount
requested above, unless otherwise noted by me. I am not certifying as to whether or not
the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I
am not in a position to accurately determine that issue.
Dated 'z p, / is &� P Q ,
SIGNATURE
[The Remainder.of This Page Was Left Blank Intentionally]
00622-4 00622 - Contractors Application for Payment Y". doc
%%Summit-serveAusersIChristlAIRC JUDGES SECURITY00M -Contractor's Application for Payment - final.doc Rev. 05101
Page 5 of 5
ATTACHMENT A
1. List of all subcontractors, laborers, materialmen and suppliers who have not been
paid from the payment received from the last Pay Request and the reason why
they were not paid (attach additional pages as necessary):
2. List of all subcontractors, laborers, materialmen and suppliers for which a signed
release of lien form (partial or final as applicable) is not included with this Pay
Request, together with an explanation as to why the release of lien form is not
included (attach additional pages as necessary):
00622-5 fly
00622 - Contractor's Application for Payment -oc
\\Summit-serverlusers\ChdstyNIRC JUDGES SECURITri00622 - Contractors Application for Payment - final.doc Rev. 05/01
F1 NAL WAIVER AND RELEASE OF LIEN
The'undersigned lienor, in consideration of the final payment in the amount of 10.00 hereby waives and releases
its lien -and right to claim a lien for labor, services, or materials furnished to Kemp& Site Development, Inc.to the
following described property:
IRC Judges Security
2000161 Avenue
Vero Beach, FL
Dated D(.tC= 2017.
Liehor's Name: Action Rentals, LLC
Address: 6581 Southern Blvd,
City/State/Zip: W. Palm Bch., FL 33413
STATE OF:
COUNTYOF. llgdicldvwy
-. _��l.ili i•-
N
W.4
�
Sworn to and subscribed before me by , who is eitherersonally.known to me or
has produced as identification on this 19 day of�if'(t�ll . 2017.
My Commission Expires:
Notary
aMr �w Notary Public State of Florida
Christina N. Turner
y
�I, My Commission GG 154953
"df Expires '1017512021
NOTE: This is a statutory form prescribed by 713.20 Florida Statutes (1996). Effective October 1, 1996 a person may not require Ilerior to
furnish a waiver or release of lien that is different from the statutoryform.
173
Summit Construction of Vero Beach
2837 Flight Safety Drive
Vero Beach, FL 32960
FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND
The undersigned, in consideration of the FINAL payment in the amount of $2,791.00hereby waives and
releases its lien and right to claim a lien for labor, services or materials furnished through] �.)5/1 oto
Summit Construction of Vero Beach to the following property:
Job # 258 IRC JUDGES SECURITY
2000 16th Avenue
Vero Beach, FL 32960
This waiver and release does not cover any retention of labor, services or materials furnished after the date
specified. `
3 Mrd /'7-
Date
,r
State of
County of
Lienor's Name: Adron Fen Company
Signature
Title
The foregoing instrument was acknowledged before me this 1 day of C--
2017 by4-1
'S who is personally known or furnished the
following identification
)� , ADORUN ELAM
Notary Public - Stale C1 Flnri'll T..
My Comm. Expires Dc; 21. 2.3,18
Se Commission d1 FF 151067
tionded7hroCghtdat^ al:a:,,Assn.; Notary Public
My commission expires: C�:/�.r/��� C i��Cri E LA -R t
Note: This is a statutory form prescribed by Section 713.2, Florida Statutes (1996). Effective October 1, 1996, a person may not
require a lienor to furnish a waiver of release that is different from the statutory form.
174
Summit Construction of Vero Beach
2837 Flight Safety Drive
Vero Beach, FL 32960
FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND
The undersigned, in consideration of the FINAL payment in the amount of $4,458.00hereby aives and
releases its lien and right to claim a lien for labor, services or materials furnished through I to
Summit Construction of Vero Beach to the following property:
Job # 258 IRC JUDGES SECURITY
2000 16th Avenue
Vero Beach, FL 32960
This waiver and release does not cover any retention of labor, services or materials furnished after the date
specified.
Lienor's Name: Albrecht Irrigation Company
Signature
j�L - i9" P
Date Title
State of �Z
County of(2. yo -
The foregoing instrument was acknowledged before me this Cj___day of
, 2017 by V—eUI r� N,6i-&2J'+ who is ersonaliy known o furnished the
following identification
CHRISTYSCHWARV
Seal * * MY COMMISSION # FF 936551
EXPIRES: October 21, 2018
�,'for FY 8ondidThm8udgaiNotify 611*81
My commission expires:
Notary P c
Note: This is a statutory form prescribed by Section 713.2, Florida Statutes (1996). Effective October 1, 1996, a person may not
require a lienor to furnish a waiver of release that is different from the statutory form.
175
Summit Construction of Vero Beach
2837 Flight Safety Drive
Vero Beach, FL 32960
FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND
The undersigned, in consideration of the FINAL payment in the amount of $2,449.50hereby waiijv(ess and
releases its lien and right to claim a lien for labor, services or materials furnished through I.�to
Summit Construction of Vero Beach to the following property:
Job # 258 IRC JUDGES SECURITY
200016th Avenue
Vero Beach, FL 32960
This waiver and release does not cover any retention of labor, services or materials furnished after the date
specified.
Date
State of (�L
Cou my of
Lienor's N.�Ine: AYnterior & Exterior Const., Inc.
a�tuTe -
Title
The foregoing instrument was acknowledged before me this
, 2017 by C6)f-,a&&S90— who is ersonally 66-wn-orfurnished the
following identificatio
t.. P.. 'l
:.... CHRISTY SCHWARTZ 1 > j
Seal * MY COMMISSION# FF 9307 \ 7 `�
�q �P EXPIRES:O00*21,2016 Notary Pub%�
"'e ON* ThivBudget Notaryaeryt,t
My commission expires:
Note: This is a statutory form prescribed by Section 713.2, Florida Statutes (1996). Effective October 1, 1996, a person may not
require a lienor to furnish a waiver of release that is different from the statutory form.
176
The un
$10.00 he
materials
PAYER #14484984
4
Form: Final Release
lfl MER AND RELEASE OF LIEN
FINAL RELEASE
Igned lienor, in considetation of the flnai payment in the amount of
R waives and releases Rb lien and right to claim a lien for labor, services or
ished to SMILEY CORP on the following property described as:
2000116 AVE / COURTHOUSE
VERO BEACH, FL.
Dated �n OCTOBER 19, 2017
State Of Florida
Count1v of BREVARD
CEMEX CONSTRUCTION MATERIAL FL LLC
3365 E INDUSTRY RD
COCOA, FL. 32926 ;
321-633-0699
By.
Printed Name: V9ftONICA A HANSEN
The foregoing was adknowledged before this OCT. 19, 2017',VERONICA A HANSEN
Authorized Alent, who is personally Known to me and who took an oath.
'My Commission expires:
Not iry Public
Wst�s�cr�
W commk% Wq?t613f
t EXPIRES ApN ;9, ZUT9
NOTE: This is statutory form prescnbed by Section 713.20, Florida Statutes (1996). Effective October 1,
1996, a personay not require a lienor to furnish a waiver or release of lien'that is different from the statutory
form.
177
0
I 1/olLU I!
This instrument Prep
CONSTRUCTION M
ATTN:SKYLAR WA]
4350 NORTHERN BI
PO BOX 210189
MONTGOMERY AL
07 -1639606 -CD
t WAIVtK do KtLtAJt WUN FINAL NMI
WAIVER AND RELEASE OF LIEN
UPON FINAL PAYMENT
(Section 713.20(5) Florida Statutes)
by: BRIAN WELSH
?RIALS INC
10189
The undersigned li nor, in consideration of the final payment in the amount of $10.00, hereby waives and
releases its lien and right to claim a lien for labor, services or materials fiunished to R -F. CONCRETE
CONSTRUCTION (customer) on the job of INDIAN RIVER COUNTY PUBLIC WORKS (owner), to
the following descr bed property:
INDIAN RIVER COUNTY COURTHOUSE JUDGE'S SECURITY UPGRADE, 200016TH AVENUE,
VERO BEACH, F4 32960, BOND NO.00N-2431458.
DATED on NOVEWER 8, 2017
CONSTRUCTION MATERIALS INC
ATTN:SKYLAR WALL
4350 NORTHERN BLVD
PO BOX 210189
MONTGOMERY AL A210189
By:
BRIAN WELSH
BRANC
Before me, personally appeared, BRIAN WELSH, the CH MANAGER of CONSTRUCTION
MATERIALS INC who produced A,f%- as identification or is personally known to
me, and who did ta ce an oath, and acknowledged to and before me that he/she executed &I—S—M-Trument
for the purposes therein expressed on behalf of said entity, this 8 day of NOVEMBER, 2017
I
Notary Public; State of Florida
My Commission Expires:
KATHLEEN I MCSWAIN
~ MY COMMISSION 0 FF936931
.. • EXPIRES November IS. 2019
178
111
UNCONDMONAL
FINAL
WAIVEWAND RELEASE OF LIEN
The undersigi ied lienor, in receipt of the final payment, hereby waives and releases ALL its lien
and the right 4o claim a lien for labor,; services or materials furnished to SMILEY CORP on the
job of INDIA N RIVER COUNTY PUBLIC WORKS to the following described property:
Dated on
State of: Flor
County of: A:
This date apl
the he did 1
Equipment R
Sworn to and
INDIAN RftR COUNTY COURTHOUSE
ZOO 16TH AVENUE
;VERO BEACH, FL -
19, 2017
CROM EQUIPMENT RENT
1.150 NW SM AVENUE
GAINESVILLE. FL 32601 1
By:
JOHN V . DOBSON, VICE PRESIDENT I G.M.
before me JOHN W.. DOBSON personally known to me who acknowledged
the foregoing document on behalf of the corporation known as Crom
LLC of which.he serves as an authorized agent
dbed before me this OCTOBER 19, 2017.
Mwlil
MICHELLE L STOCK
State of Florida -Notary Publl
c commission # GG 135810
My Commission Expires
August 17. 2021
Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (2000). A
person may not require a licuor to furnish a waiver or relegse of lien that is different from
the statutory Torah.
179
FINAL WAIVER AND RELEASE OF LIEN
The undersigned lienor, in consideration of the final payment in the amount of $10.00 hereby waives and releases
its lien and right to claim a lien for labor, services, or materials furnished to Summit Construction Mgmt., Inc.to the
following described property:
IRC Judges Security
200016th Avenue
Vero Beach, FL
Dated December 28th, 2017.
Lienor's Name: Kempfs' Site Development, Inc. Printed Name: Dennisl. Kempf, Sr. _
Address: 2676 50th Avenue Signature:
City/State/Zip: Vero Beach, FL 32966
STATE OF: Florida
COUNTY OF: Indian River
Sworn to and subscribed before me by Dennis J. Kempf, Sr., who is personally known to me on this 28th day of
Commission Expires:
V ;+Q "•• MICHELLE K HANEY
Notary MY COMMISSION # GGOC7339
�;.
.;e^a; •,.� EXPIRES July 09, 2020
NOTE: This is a statutory form prescribed by 713.20 Florida Statutes (1996). Effective October 1, 1996 a person may not require lienor to
furnish a waiver or release of lien that is different from the statutory form.
180
Summit Construction of Vero Beach
2837 Flight Safety Drive
Vero Beach, FL 32960
FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND
The undersigned, in consideration of the FINAL payment in the amount of $16,502.00hereby waives and
releases its lien and right to claim a lien for labor, services or materials furnished through/ qto
Summit Construction of Vero Beach to the following property:
Job # 258 IRC JUDGES SECURITY
200016th Avenue
Vero Beach, FL 32960
This waiver and release does not cover any retention of labor, services or materials furnished after the date
specified.
1z z7/f 7
Date
State of
County of t �'2 \/e�F
Lienor's Name: Indian River Gate Systems
Signature
Title
The foregoing instrument was acknowledged before me this day of .r-
2017 by A (,6& f
k1�C-�"(�` � 1-- who ' persona�know�nofurnished the
following identificatio
Seal 2°`: 'p�. CHRISWSCHWAM
* * MY COMMISSION # FF 936551
EXPIRES: October 21, 2018
@oededThru®edgdNeterySerrkee
My commission expires:
cz:2--�
Notary PL41i
I (:)l u 1 -z-61 &
Note: This is a statutory form prescribed by Section 713.2, Florida Statutes (1996). Effective October 1, 1996, a person may not
require a lienor to furnish a waiver of release that is different from the statutory form.
181
Summit Construction of Vero Beach
2837 Flight Safety Drive
Vero Beach, FL 32960
FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND
The undersigned, in consideration of the FINAL payment in the amount of $4,493.00hereby waiv s and
releases its lien and right to claim a lien for labor, services or materials furnished through jZn'- /T to
Summit Construction of Vero Beach to the following property: /
Job #258 IRC JUDGES SECURITY
200016th Avenue
Vero Beach, FL 32960
This waiver and release does not cover any retention of labor, services or materials furnished after the date
specified.
Lienor's Name: Manning Electric of Vero Beach, Inc.
9AA--
Signature
Date J Title
State of
Countyof
The foregoing instrument was acknowledged before me this L"�(dQ I
.,-ay of
2017 by K@4tkz— W t6LVL who isRf�r�sonal�ly knw or furnished the
following identification
CHRISTYSCMAITIZ
Seal MY COMMISSION# FF 936551
EXPIRES: OaDber 21,2018 Notary -Pt�ilic
My commission expires:
Note: This is a statutory form prescribed by Section 713.2, Florida Statutes (1996). Effective October 1, 1996, a person may not
require a lienor to furnish a waiver of release that is different from the statutory form.
182
Summit Construction of Vero Beach
2837 Flight Safety Drive
Vero Beach, FL 32960
FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND
The undersigned, in consideration of .the FINAL payment in the amount of $8,226.00hereby waives and
releases its lien and right to claim a lien for labor, services or materials furnished through to
Summit Construction of Vero Beach to the following property:
Job # 258 IRC JUDGES SECURITY
2000 16th Avenue
Vero Beach, FL 32960
This waiver and release does not cover any retention of labor, services or materials furnished after the date
specified.
Date
State of
County of
Lienor's Name: R.F. Concrete Construction, Inc.
-a
cr�
Signature
Title
The foregoing instrument was acknowledged before me this I Ct_day of c'. I-
2017 by 12-f rL, t- 1yti.,'v�c)yy who ' - ersona I or furnished the
following identificatio
6c CHRISTYSCHWARTZ
Sealt MY COMMISSION#FF93W
p RPIRES:OCIOW21,2018
r9rFCFrp��, Boiiod Thm Budget Notary Serka
My commission expires:
Notary Publi
Note: This is a statutory form prescribed by Section 713.2, Florida Statutes (1996). Effective October 1, 1996, a person may not
require a lienor to furnish a waiver of release that is different from the statutory form.
183
The undersigned
hereby RECEIVE
services or mater.
Indian River
a
Dated on
State of PIC
County of
The foreping insb
by ( a
AiyCommission
version QLO&14
Unconditional Final hien Release HC
FIN=AL RELEASE OF 7I,N .
i
senor, is consideration bf the FINAL PAYMENT in the amount of $ 16,200.00
1, hereby waibes ax%d releases all claims, its lien and right to claim a lien for labor,
isftn*hedto RP Concrete Const. Co. onthe job of
('insert tie mane of your customer)
Court House Secu-tity Wall on the following described project:
mut the name of the owner)
2000 16th vim. - -
Vero Beach. *L. 32960
8 , 2037 ,20
iienor's Company: ASmiley Corp
PrAttNameand'Iitle: Carolyn gfniley Pres
was acknowledged before me this 8 day of November 20 1.7
. ,Who is rtS , JZof said company- He/She is
produced as identification.
twie :
Signature• .�
Print 1 E trr'
HIN2MAN
Commission IF FF t19661
MyComrn�ssionExpiresMdyO5, 2018
184
w
Cu.
184
w
Summit Construction of Vero Beach
2837 Flight Safety Drive
Vero Beach, FL 32960
FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND
The undersigned, in consideration of the FINAL payment in the amount of $2,100.00hereby waives and
releases its lien and right to claim a lien for labor, services or materials furnished through Jkto
Summit Construction of Vero Beach to the following property:
Job # 258 IRC JUDGES SECURITY
2000 16th Avenue
Vero Beach, FL 32960
This waiver and release does not cover any retention of labor, services or materials furnished after the date
specified.
1 2 -
Date
State of
County of t �✓
Lienor's Name: Tru -Steel Corporation
Signature
Title
The foregoing instrument was acknowledged before me this day of
2017 by lil4 (�7�� 1� who ' ersonally knower furnished the
following identification
%v CHRISIY SCHWARTZ
* MY COMMISSION 8 FF 936557
S P EXPIRES:Octo*21,2o18
9f60FF1.� Oonded Thru Budpei Notary ServIM
My commission expires:
7
Notary Pu ic'l
Note: This is a statutory form prescribed by Section 713.2, Florida Statutes (1996). Effective October 1, 1996, a person may not
require a lienor to furnish a waiver of release that is different from the statutory form.
185
Summit Construction of Vero Beach
2.837 Flight Safety Drive
Vero Beach, FL 32960
FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND
The undersigned, in consideration of the FINAL payment in the amount of $3,010.00hereby wai es and
releases its lien and right to claim a lien for labor, services or materials furnished through ' to
Summit Construction of Vero Beach to the following property:
Job # 258 IRC JUDGES SECURITY
2000 16th Avenue
Vero Beach, FL 32960
This waiver and release does not cover any retention of labor, services or materials furnished after the date
specified.
Date
State of
County of lt�c{.�t,� ✓cit
Lienor's Name: Vero Coatings, Inc.
r �
Signature
Title
The foregoing instrument was acknowledged before me this qday of
2017 by f� e4C' rwwvy who ' personally kn�til or furnished the
following identification
CHRISTY SCHWAR17
Seal * MY COMMISSION f FF 936557
EXPIRES: October 21, 2018
,I,,rFOF Bonded Thru Budget Notary Serrkes
My commission expires:
Notaryu lic
Note: This is a statutory form prescribed by Section 713.2, Florida Statutes (1996). Effective October 1, 1996, a person may not
require a lienor to furnish a waiver of release that is different from the statutory form.
186
PROJECT NO. (RC -1 621
Pay App No.
.
SCHED LED VALUE
PREVIOUS APPLICATION
THIS PERIOD TOTAL COMPLETED
%
MATERIALS
BALANCE TO FINISH
101-2
MOBILIZATION
LS
i
4,5SO.00
4,550.00
0.80
3,640.00
0.20
910.00 1.00 4,550.00
100.OD%
0.00
0.00
0.00
102-1
MANTENANCE OF TRAFFIC
LS
I
6--M.Oc
6,500.00
0.90
5,200.DO
0.20
1,300.00 2.00 6,500.0c)
IDOIW96
0.00
0.00
0.00
104-1
SILT PROTECTION/NPDES
Ls
1
6,500.00
6,500.00
0.90
5,850.00
0.10
650.DO 1.00 6,500.00
100.00%
0.00
0.00
0.00
108-1
RECORD DRAWINGS/AS-BUILT DRAWINGS
LS
1
1,950.00
L950.00
0.00
0.00
1.00
1,950.00 1.00 1,950.00
1 IGO.CD%
0.00
0.00
0.00
11D-1
DEMOLITION
LS
1
3ZSGD.00
32,50D.D0
1.00
32,500.00
0.00
0.00 1.00 32,500.00
100.00%
0.00
0.00
0.00
1.20-1
EXCAVATION/EMBANKMENT- SITEWORK
IS
1
10,920.00
10,920.00
0.80 1
8,736.00
0.20
2,184.00 1.00 10,920.00
100.009
0.00 1
0.00
0.00
400-1
MASONRY WALLS/STUCCO FINISH/WALLAESTHETICS
Is
I
102,930M
102,930.00
1.00
102,M.00
0.00
0.00 1.00 102,830.00
100.00%
0.00
0.00
0.00
522w2
CONCRETE DRIVFWAY/SIDEWALKS (6- THICK)
LS
I
32,S00.00
32,50D.00
1.00
32,500.00
0.00
0.00 1.00 3ZSDD.00
100.OD%
0.00
0.00
0.00
59D-1
IRRIGATION & LANDSCAPING
LS
I
3,90D.00
31900.00
1.00
3,900.00
0.00
D.DO 1.00 3X0.00
1 100.00%
0.00
0.00
0.00
600-1
DUAL GATES/PEDESTRIAN DOOR W/CONTROLS (COMPLETE)
IS
1
94,500.00
1 84,500.00
0.70
59,222.SD
0.30
25,277.50 1.00 84,SGO.OD
100.00%
0.00
0.00
0.00
600=2
ELECTRICAL
15,600.00
15,600.00
0.90
14,040.00
0.10
11560.00 1.00 15,600.00
100.00%
0.00
0.00
0.00
FORCE ACCOUNT - Remaining balance
SUB TOTAL
SUBTOTAL
302,250.00
2382725
SUBTOTAL
268,418.50
0.00
SUBTOTALI
100
33,83LSO SUBTOTAL 302XO.00
23,8272S 0SOO 23,827.25
SUBTOTAL
0.00
0.00
SUBTOTAL
0.00
23,82725
Work Change DIrec0w 1
4,1112.00
-
4,=00
0.00
0.00 1.00 4,182.00
O.OD
0.00
Work Chanp DIrectIve, 2
5,930.00
S,930.00
0.00
0.00 1.00 1 5.930.01)
0M
0.01)
work Change Directive 3
10,595.75
10,58S.75
0.00
0.00 1.00 10,585.75
0.00
0.00
Work Change Directive 4
1.725.00
1,725.00
0.00
0.00 1100
0.00
O.W
Work Change Directive 5
5,750.01)
5,750.00
0.00
0.00 1.00 S,750.00
iAK
0.00
Change Order - Refund For" Awount Balance
TOTAL
TOTAL
330,422.751
TOTAL
296,591.251
TOTAL
33,931.50 TOTAL 330,422.75
TOTAL
0.001
TOTAL
0.001
AMOUNT COMPLETED TO DATE
MATERIALS STORED TO DATE
SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE
RETAJNAGE OF WORK COMPLETED AT 0%
TOTAL COMPLETED AND STORED LESS RETAINAGE
LESS PREVIOUS PAYMENT
AMOUNT DUE CONTRACTOR
$330,4Z2.7S
$0.00
$330,427-75
$0.00
$33OA22.75
$281,761.69
$49,W1.0fil
.
SECTION 00942 - Change Order Form
DATE OF ISSUANCE: 2120/18
No. 1(FINAL)
EFFECTIVE DATE: 2/20/18
OWNER: Indian River County
CONTRACTOR Summit Construction of Vero Beach LLC.
Project: INDIAN RIVER COUNTY COURTHOUSE JUDGE'S SECURITY UPGRADE
PROJECT
OWNER's Project No. IRC -1621 OWNER'S Bid No. 2017050
You are directed to make the following changes in the Contract Documents:
Reason for Change Order: The project is complete. This change order is intended to make
final adjustments to bid line items and contract time in order to finalize the contract amount and
release retainage to the Contractor.
Attachments:
1) Description of Itemized Changes.
(Detailed backup for all changes is on file and available for viewing in the County
Engineering Division.)
CHANGE IN CONTRACT.
PRICE:
Description
Amount
Original Contract Price
$354.250.00
Net (decrease) of this Change
Order,.
$(23 8_, 27.25
Contract Price with all
approved Change Orders:
$330.422.75
ACCEPTED:
By: G`1
CONTRACTOR (Signature)
Date: 2 9 /16 1
CHANGE IN CONTRACT TIMES
Description
Time
Original Contract Time:
(days or dates)
Substantial Completion:
120
Final Com letion:
150
Net increase this Change Order:
(days or dates)
Substantial Completion:
29
Final Completion:
29
Contract Time with all approved
Change Orders:
(days or dates)
Substantial Completion:
149
Final Completion:
179
RECOMME - -D
B
ENGINEER (Signature)
Date: 2 I l3
APPROVED:
By:
OWNER (Signature)
Date:
00942-1
kftblio WatWENGINEERING DIVISION PROJECTSN621 IRC Courthouse Judges Security Upgradesll,AdminlAgenda IlemslChange Order No 1- Project
CloseoutlChange Order I (FINAL).doc
110
11
Indian River County Courthouse Judge's Security Upgrade
IRC.No.1621
CHANGE ORDER No. I (Final)
Description of
Itemized Changes
Item No.
Description or Chane
Quantity
Unit
Unit Pdae
Pries Increase
Price Decrease
WCD 1
Remove and Replace Concrete D -curb
LS
1
$ 4.182.00
$ 4,182.00
WCD 2
Suppy and Install Five 5 New Wall Lights
LS
1
5,930.00
5,930.00
WCD 3
ISecure Gate Control System
LS
1
$ 10 585.75
$ 10,585.75
WCD 4
Add Five 5 Decorative Aluminum Wall Ornaments
LS
1
1,725.00
$ 1,725.00
WCD 5
Add Stucco to West Wail of Parking Area
LS
1
$ 5,750.00
$ 5,750.00
ForceAccount
LS
1
$-.(52,000.00)
(552.000.00
OVERALL PROJECT TOTAL
$ 28,172.75
($52,000.00)
TOTAL CHANGE ORDER #1
($23,a27.25)
F1Putfe %vork&%KGnrEERING DIVISION PROJECTSM21 IRC ComMouse Judges Security Upgradesll-AdminAgende [Wan%Change Order No 1- Project CloseauMemized Change OrderRage 1
189
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
180127th Street
Vero Beach, FL 32960
Telephone: (772) 226-1432
DATE: January 30, 2018
���$GOMPTRO`�
o�
�.*`q QEF CONNZ�E�.
Fax: (772) 978-1857
E-mail: Axia@clerk.indian-river.org
Web address: http://Clerk.indian-river.org
1u1D11iLei :7MIBali i
TO: Members of the Board of County Commissioners
FROM: Terri Collins -Lister, Supervisor to the Clerk to the Board and the
Value Adjustment Board
SUBJECT: Applications for Citizen Member to the Value Adjustment Board
Notice of resignation.of Citizen Member (Homesteaded) to the Value Adjustment Board
was made on September 19, 2017.
According to F.S. 194.015, the Value Adjustment Board shall consist of two citizen
members, one of whom must be appointed by the governing body of the county and must
own homestead property within the county and may not be a member or an employee of
any taxing authority.
Attached are the applications received to date with the applicants listed below and upon
review of the applications; both candidates meet the statutory requirements to serve on the
Value Adjustment Board.
I would appreciate the Board's review and nomination of one of the following applicants to
fill the vacant Citizen Member position:
Evan Esposito
Wesley S. Davis
Attachment(s): Wesley S. Davis' application
Evan Esposito's application
Resignation Notice
190
RECEIVED
INDIAN RIVER COUNTY APPLICATION JAN 05 2018
FOR COMMITTEE APPOINTMENT
CLERK TO THE BOARD
Name: Wesley S. Davis _ Date: 1/05/18 _ A,
Full Name: Wesley S. Davis Email Address: !wesleyiraallc@gmail.com
Street Address (No P.O. Boxes): (7001 84th Avenue, Vero Beach, FL 32967~�
l__._ . -- ---- �_�.. __
Home Phone: �� Work Phone: Cell Phone: 772 473 8688
How long have you been a resident of Indian River County? 148 years
Are you a full or part time resident? Check one: Full Timek✓l Part Time_]
Please list current employer or business. If retired, please list any business experience that may be
applicable to the committee.
Current Employer: Indian River Auctions & Appraisals, LLC
Please see attached business experience
Please list any licenses you presently hold:
• Licensed Auctioneer since 2002
• Licensed Real Estate Broker
Please list any organization of which you are currently a member:
Please see attached list.
Please list any other committees or boards you currently sit on:
Continued on next page
191
Place a check mark next to the committee(s) you would like to serve on:
AFFORDABLE HOUSING ADVISORY COMMITTEE
❑
AGRICULTURE ADVISORY COMMITTEE
BEACH & SHORE PRESERVATION ADVISORY COMMITTEE
CHILDREN'S SERVICES ADVISORY COMMITTEE
CODE ENFORCEMENT BOARD
COMMUNITY DEVELOPMENT BLOCK GRANT
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
El
DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE
ECONOMIC DEVELOPMENT COUNCIL
ENVIRONMENTAL CONTROL HEARING BOARD
MPO BICYCLE ADVISORY COMMITTEE
MPO CITIZEN ADVISORY COMMITTEE
PLANNING & ZONING COMMISSION
SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE
TOURIST DEVELOPMENT COUNCIL
TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD
❑
TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY
❑
VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY
WITHIN INDIAN RIVER COUNTY
a
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
192
Business Experience that may be applicable to the committee:
• County Commissioner November, 2005 until November 2016
• IRC School Board Member
• Council of Public Officials
• Value Adjustment Board
• 4-H Leader
• Farm Bureau
• Metropolitan Planning Organization
• Economic Development Council
• Lifetime NRA Member
• Member of IRC Youth Livestock Association
• Lifetime Member IRC Future Farmers of America Alumni
• Past State Future Farmers of America Executive Committee Chairman
• Association Parliamentarian for the Florida School Board Association
• Board Member of the YMCA of the Treasure Coast
• Visiting Nurse Association — North County Advisory Council
• Agriculture Advisory Committee Liaison
• Early Learning Coalition of Indian River County
• Florida Association of Counties Property Tax Workgroup
• Historic Resources Advisory Committee Liaison
• Indian River Lagoon Advisory Board
• St. Johns River Alliance
• Treasure Coast Regional Planning Council
• Tourist Development Council
• United Against Poverty Board of Directors
• Sebastian River Medical Center Board of Trustees
• Indian River County Healthy Start Coalition Board of Directors
193
Committees or boards currently on:
• Lifetime NRA Member
• Member of IRC Youth Livestock Association
• Lifetime Member IRC Future Farmers of America Alumni
• United Against Poverty Corporate Board of Directors
• Sebastian River Medical Center Board of Trustees
• Indian River County Healthy Start Coalition Board of Directors
194
Name]Evan Esposito
INDIAN RIVER COUNTY APPLICATION
FOR COMMITTEE APPOINTMENT
Date: _ �.__... -- J
Full Name:{Evan EspositoLEmail Address: stopoilwars@gmail.com
Street Address (No P.O. Boxes): i415 27th drive
���
Home Phone: 314049718 i11�/ork Phone: Cell Phone:
r l.�
How long have you been a resident of Indian River County?L years
m
Are you a full or part time resident? Check one: Full Timet -Part TimeE
Please list current employer or business. If retired, please list any business experience that may be
applicable to the committee.
!US Government Contractor
Please list any licenses you presently hold:
Solar Certified Installer
Please list any organization of which you are currently a member:
Floridians for solar choice
Please list any other committees or boards you currently sit on:
National Solar Advocates
Continued on next page
195
Place a check mark next to the committee(s) you would like to serve on:
AFFORDABLE HOUSING ADVISORY COMMITTEE
IZI
AGRICULTURE ADVISORY COMMITTEE
BEACH & SHORE PRESERVATION ADVISORY COMMITTEE
CHILDREN'S SERVICES ADVISORY COMMITTEE
CODE ENFORCEMENT BOARD
COMMUNITY DEVELOPMENT BLOCK GRANT
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
ED
DEVELOPMENT
DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE
-
ECONOMIC DEVELOPMENT COUNCIL
ENVIRONMENTAL CONTROL HEARING BOARD
MPO BICYCLE ADVISORY COMMITTEE
MPO CITIZEN ADVISORY COMMITTEE
❑
PLANNING & ZONING COMMISSION
SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE
0
TOURIST DEVELOPMENT COUNCIL
z
TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD
❑
TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY
VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY
WITHIN INDIAN RIVER COUNTY
a
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
196
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197
N-Volls Fargo Bank, N.A.
Your Credit Suire and thI:-, Price You PaY for Credit
Your Credit Score
What y'111
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should know
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You:- Qrcdit :cpm; i� a nfcord of soar (:.kdit 11isicrv. ti hicindes i11t0;.I,I1iwI ;1;,0111 xhv1he;.
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198
NASD PROCTOR Certification Testing Centers .11' NYSE
New York Stock Exchange, Inc.
EXAM TITLE: General Securities Representative Examiration
EXAM SERIES: 7
NAME EVIIN ESPOSITO as
Ti? NUMBER:
080786767
DATE: Saturday May 30, 1998
SCORE: No. Correct: 201 Pct. Correct: 80° Pass
See Page 2 for detailed information on the topics
included in each section.
7111he following national information is pro-vided for comparison purposes.
It is 'L"or the period between Oct. 10, 1997 and Apr. 08, !998,
National Aver -age Score: 7496
National Percentage of Candidate sing the Exam: 691
'.Che pa,,,,sing score on this exam :
equated tel the diffi.cully of a
stalidard, base form of the exam. Total scores reported on Lhlis
exam are equated to the base form of the exam.
CANDIDATE'S
SECTION ANALYSIS SCORE
RANGE,
The Reaistered Representative and the
Customer ................................
76
- 85%
Brokerage Products ............. ...... ..
76
- 85%
3
Derivative Products .....................
86
- 90%
4
Opening, Handling, and Closing of
Custoi_.ar Z`,ccounts .........
815
5
The Secur`..ties Markets and Regulation
of the Markers ..................... __
76
85r.
Order Entry, Confirmation and Settlement
Below
50%
7
;actors Affecting Security Value
investment, Decisions. . . . . . .
6
See Page 2 for detailed information on the topics
included in each section.
7111he following national information is pro-vided for comparison purposes.
It is 'L"or the period between Oct. 10, 1997 and Apr. 08, !998,
National Aver -age Score: 7496
National Percentage of Candidate sing the Exam: 691
'.Che pa,,,,sing score on this exam :
equated tel the diffi.cully of a
stalidard, base form of the exam. Total scores reported on Lhlis
exam are equated to the base form of the exam.
NASD PROCTOR Certification Tes(-'Inq Centers
North American Securities Administrators Association
EXA14 TITLE: Uniform Securities Agent State Law Examination
E,Xkvl SERIES: 63
NAM E . EVAN ESPOSITO
ID NUMBER: 080-786767
DATE: Wednesday .lune 10, 1998
-SCORE: 78c GRADE: Pass
SECTION ANAL YSIS
SC -ORE
Definiticn of "'ernts ........ ............
70°,
of
10
correct.
2 Licensina or Reg- Rea. for Broker-
D--alers Agents and Invest, Advisers.....
71%,
5
of
7
correct.
3 Reciisuraticn of Securities; Exempt
Securities and Exempt Transactions......
8016,
4
of
5
correct.
4 Fraudulen'-, and Ot"-er
ProhilDited Practices., ...................
8201.
19
of
23
correct.
5 Reg. Oversight, Criminal Penalties,
Civil. Lia6_ Scope of Act ..... .........
80--.,
4
of
5
correct.
............ ................ 78a 39 of 50 correct.
jBi -11
200
mute 1 � t
Education
201
NASD PROCTOR Professional Development Centers
Candidate Session Score Report
Title: Continuing Education Regulator; Element Requirement
Series: WWI-
Name: EVAN ESPOSITO
ID#: 080786767
Session Start. 12/20;2005
Status: COMPLETED
The individual listed above has satisfied their Continuing Educa:ion
Regulatory Element requirement .
Vic'[) CR -D - U41. Pr:n.t Previcw,,r Al., ScCtlans [Tjsc!- Namc: zi
FORM U4
UNIFORM APPLICATION FOR SECURITIES INDUSTRY REGISTRATION OR
TRANSFER
U4 - RELICENSE50
04/27/2006
1. GENERAL INFORMATION
First Name: Middle Name: Last Name, Suffix:
EVAN GERARD ES SCS Ti"
IFIrm CRD #': Firm Name: Employment Date (mmir)o/yr"):
I I $ 7 BASIC TjNVESrOPS SVC. 04/27/2006
!Firrn Billing Code: Individual CRD Ind;vidual SSN:
3007976
Do you gave an indeperdlent contractor relationship with the above named firm?,
Yes (". No
Office of Employment Address
CRD NYSE Branch Firrn Billing ress lPrivatez )(PC of a e End
Branch # Code Code Pesildente Office oat
00 WX-L ST S—, 11 N -ocat;At 0'
2.
EW YORK, NY
0005
NITTEO STAI'55
INFORMA"aON
Rf'V'
Elec
-r �Jlriq tZePI:p�sentPti. n
By sclecting t'ils option, I that 1 am have surrincd, or rrompt;yv.,M s3rnit Co ui,e
ji appropriate S:ZO3 fingerprint v!ed as reaulr�d underapplicable $/770 r-;.;Ies; or
Fine er.prini; card barccde 22--311-L,9473
By selecting tris option, I represent tha. 1 have been employed ccnt:muoos:y by 0,,e fifirg 17,rm Since 01'e,
submission ot a fingerprint card to CRD and am not required: to resubmit a fingerprint card at this ',!me; or, 1i
By selectIrg n-nis option, 1 represent that 1 have been employee, continuously by the riling firr.r; and my
fingerprints have been processed by an SRO other than NASD. I am submitting, have submitted, or
prnrnptiy will sub -nit the processed results for posting to CRO.
n
-_equire
By selecting cne or i-nore of the foliawing two opjo1.s,. I P fedora:
"at I am exerrpL Frorn, thefingerprint j;
reqLirernenl: because 11,,;7Wr,_q firm cirrently satisfyNes) the require-nen4x, or at `east , one or the perm!ssive
exemptlons irdlcated below pursuant to Rule '17f -Z under the Securltles Exchange Act of 1934, kriclUding
any not!ce or applicatlon requirements specMecl there0n:
17 Rule
Pule
201--
Office of Student Financial Aid Services
TOv,NY administration Building, Room 180
B `\` T� Stony Brook, NY 11794-OSSI
j�. Phore: (631)632-6840 Fax: (631)632-952S
SV,Tr UNIVERSi"i OF' E.V YORI
l3van Cierard I=Xposito
M 2915'Fleather Ave.
t? Medford, NY 11763
iOc
Financial Aid Award i
Lltt0'-0:1)J 212003
Stony Brook 1D: 104664274
--.-.- --___ ..._—_._. _.___.__._._...._.__-------___-.-
We are pleased to offer you financial assistance for the -2003-2004 academic year. In order to continue processing your
A ,}-a-ds, Vr,U n.ced to take the follo` inL, anons:
C
t• 6- Review this award notice and accompanying= "2003-2004 Financial Aid fact Sheet."
t 7. Your sign:;!,!r:: on this Award Notice indicates you accept all awards, except those you specifically decline by c•ir W.11; our
0 the ainounrs in each respective coluvinr To decrease Inan or work pronram award amounts. cross out the award and write in
N the lower amount desired.
t S. Please note any award message code listed under *Message" and check the reverse side of this notice for more information.
r 9. Complete all sections of this avvard notice and RETURN one copy to our office. Keep the second copy for your records.
10. All awards are subject to change based on new information that may affect eligibility.
M
S
u
t'
F
E
R
rU r r.ILL x;15.272.00
Your eli,,ibility for financial aid is determined from the information you provided on the Free :Application for Fedcral Student
Aic (FAFSA). This award is based on the followingassamptierns:
F
L
t A,:ademic Career: t;nderLraduate.
Academic Grade. Level: Sophmore
3 Res;dencv: Now York State
I
J:nrc llment: Fall 2003 Full -Time
t Spring 2004 Full -Time
t
t'
y if ant item is incorrect, cross it out, and write in the correct value next to it.
Fall 2003
Spring 2004
TOTAl-
i`-lessage
t
F=ederal Pell Grant
$ ^,025.00
$ 2,025.00
S 41050.00
PH -1 -
Federal Work -Study
$ 1.066.50
S 1,066.50
$ -2.1.33.00
FkVS 1
IN,
Perkins Loan
$ %50.00
S 750.00
S 1.500.00
PERK
A
Subsidized Stafford Loan
$ 307.00
$ 307.00
S 614.00
SUB.1
N
C
TAP Fa11
$ 1.512.50
$ 0.00
S 1.512.50
TAP2
I
TAP Spring
$ 0.00
S 1,462.50
$ 1.462.50
T.AP3
A
t niubsidized Stafford Loan
$ 2.000.00
$ 2,000.00
$ 4.000.00
UNS1
t,
A
1
ll
u
t'
F
E
R
rU r r.ILL x;15.272.00
Your eli,,ibility for financial aid is determined from the information you provided on the Free :Application for Fedcral Student
Aic (FAFSA). This award is based on the followingassamptierns:
F
L
t A,:ademic Career: t;nderLraduate.
Academic Grade. Level: Sophmore
3 Res;dencv: Now York State
I
J:nrc llment: Fall 2003 Full -Time
t Spring 2004 Full -Time
t
t'
y if ant item is incorrect, cross it out, and write in the correct value next to it.
�y �% Of!ce of Student Financial Aid Services
�..7T4t% NY Administration BuildinL, Room ISO
VI AV` Stony Brook, NY 11794-09.51
11 P110mc: (63 1) 032-0840 Fax: 163 t i 632-9525
S arE W,1V.,,S;S _Y 1F NEW FQRK
i
N
A Evan Gerard Esposito
'M 2915 heather A,.e.
Mcdf, rd. NY 11-163
i
2003-2004
Financial :lid Award Notice
Date: 09/02/2003
s
Stony Brook ID: 104664274
We are pleased to offer you financial assistance for the 2003-2004 academic year. In order to continue processing your
a awards. vu,t nccd to take the followinc actions.
I• I. 12eviec 2 this award notice and accompanying "2003-2004 Financial Ahl Fact.Sheet."
i 2• Your signature or::his Award Notice indicates yvu accept all awards, except these you specifically decline by crossing art
o the an,omas in each respective column. To decrease loan or work program award amounts. cross out the award and write in j
N 1 the lover amount desired,
Please nate any award messane code listed under `Message" and check the reverse side oi'this notice for mire information.
T 14. Comp°ete all sections of this award notice. and RETURN one copy to ow office. Keep the second copy for your records.
E 5. All awards are subject to change based on new information that may affect eligibility.
M
S
Fall 2003 Spring 2004 TOTAL, Message
I; Federal Pell Grant S 2,025.00 2.0'5.00 S 4.050.00 PELL
I Federal «r)rk-Studv S 1,066.50 $ 1.066.50 S 2.131.00 FNVS1 1
N Perkins Loan S 750.00 $ 750.00 S 1,500.00 PERK
A ' Subsidize -1 Stafford Loan S 307.00 $ 307A0 S 014.00 SUFE i E
TAP Fall S 1,512.50 $ 0.00 S 1.512.50 TAP2
C
i
.t TAP Spri:tg $ 0.00 $ 1.462.50 $ 1,462.50 TAP3
A Unsubsidized Stafford Loam S _1000.00 S2.000.00 $ 4.000.00 UNS I
A
f
I)
I<' i
F i
E
K �
TOTAL W,272.00
Your eligibility for financial aid is determined from the information you provided on the Free Application aur Federal Student
Aid (FAR",A). This award is based on the following a.ssuruptious:
Academic Career:
Academic Grade Level:
Residencv:
Enrollment:
Undergraduate
Sophmore
New York State
Fall 2003 Full -Time
Spring2004 Full -Time
If anv iter is incorrect, cross it out, and write in the correct value nest to it.
205
STONY
BRM'
Grade Report
Esposito,Evan Gerard
SUNY at Stony Brook
Term Statistics
Undergraduate
Search
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Summer 2003
27 000
3 000
`
t;nits eke
Undergraduate
t.; in -' �n'•'�5
! i:v„: ; (��•.".
(L:
sv u,!'� . ,
3
O.CJO
9 000
Graded
9.000
.as tiunibe,
r!r i�ci aiaios
W!rnlje:
Se €-on
rade OMcial
i34107
BUS
340
02
B
information Syst!ns in Managmnt
Lecture
60536
BUS
353
011
C
Entrepreneurship
Lecture
60533
BUS
355
01
A
investment analysis
Lecture
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Summer 2003
to gr-&- ct'he senuritj of •jDirr:OCC,`JUii3. Pl—iSc !c1G_0LR i,'It0 quit yoOji' brow,.-ef `;he yuG l a -e fi, shi-{,d
The State Unwors:ty of New work at Stony Brook is an Equal Opportunity Educator and Emoloyer
Monday: September 29. 2003 @ 8-38:26 PM,
https:� score\ e`,.cc.stop}rhrook.edu/sbuprcid,'Liser!/ASPfha_stchit_grd iiiglha_stdnt'_grd incl.... 91?9i2-1016
27 000
3 000
Grade Basis
t;nits eke
Undergraduate
, 0
Graded
Summer It - D
Undergraduate
30
Graded
Surn ter ! - C
Undergraduate
3
Graded
Summer t - C
to gr-&- ct'he senuritj of •jDirr:OCC,`JUii3. Pl—iSc !c1G_0LR i,'It0 quit yoOji' brow,.-ef `;he yuG l a -e fi, shi-{,d
The State Unwors:ty of New work at Stony Brook is an Equal Opportunity Educator and Emoloyer
Monday: September 29. 2003 @ 8-38:26 PM,
https:� score\ e`,.cc.stop}rhrook.edu/sbuprcid,'Liser!/ASPfha_stchit_grd iiiglha_stdnt'_grd incl.... 91?9i2-1016
University Degree -Requirements
or
The 6 things you have to do to graduate
It f__
C.redit, Hour 2. Grade Point Averague 3, Upper -Division
Raqunernent "G.Rk) Reqtj;rement Credit F"equire'roent
Bachelor of Arts degree: A mitninnun cumulative grade point aver- Each candidate for a degree must earn at
Culmoletion anal al feast 1'20 credit hours. age o1 2.00 is requ-,red for all aeademic least 39 credits in upper -division courses
work at Storiv Bvwk. Note: Gradei don't (numbered 3100 and higher'.
Bachelor of Science degSom
;c irans,'er, so grades from institutions soc od thesemay credits av be earned
Completion of at Icasi M credit hours. are not included in the Stony Brook G.P.A. through courses transferied' from other
Bachelor of Engineering degree: collcoes and individualliv evaluated at
......... .. Stony Brook as upper div'slon. See Pages
('ornpletion ofat (cast 128 credit hours.
59-61 of the Undergraduate Dull -;tin for
'here o,c krni*L3 on t',e number of credi's from full details ot, transfer credits.
kinds ff cowses that ,),.,Iv be counted
llward graduvtmr. These 'imits
r- f thf�
j�qailed on p 6-, t54
% �',
Arno g, the ds of
,ow5es vv:lh festrictic.ns are irrde.,)enICr.I study.
COUISG', remedial 2,-.d r0oealed
Note. Courses taken for the nia-io., or the
pages) ran also appiv
D.F.,C. (see next p,a
toNlard the upper -division rcqvirciM,'IIL_
T
4. PiAajor Requirement
Each candidate for a degree must satisfy,
the requirements of a declared maj I or.
Major requirements are delafled in the
"Appmved Programs" section ol- the
Undergraduate Bulletin. Students should
officially cleclarc a major by the end of the
freshman vcar, LI
-- - -------------
\o11`ic dOcs NOT vnean vou have w live
on, CaInpus, I L
i-, eanc.: After vt,-jr � I'th mdil, You
IIWST CU11 at 'C-aSE 16 credits at Stony
Brook. F1 General Education
Requiremert
You must complete the Enn-, Skills and
,i. spe rcia! res-,rlcuw!� ziupiy to r_zrwng Diversified Education Curriculum required
-, P .
�lor _ cov'neering deg,tel S- page
11 - r students in your roajor/college.
2'2,� 't'a U-.'ergraduate, Bullelin for ce".a;1s, to
Sec the next four pages for details!
wl 't-s-tw! ,5 fm af! studen'�, airy.
on :age 5,,-' of the UiOrg.,alt;ale
207
N
DIOCESE OF PALM BEACH EMPLOYMENT APPLICATION
Applying fcr Position of: KLtccrs
t:
t.nbty Nan3se
Please, answer all questions as fully and accurately as possible. Please attach a separate sheet if necessary to fully answer. If any
guesbons arcs not ap licabie.�lease write"iNA" rather than leaving blank. Please do not write "see resume." Your answers shall be
_ treated with the greatest respect and confidence, Your cooperation in fillincd out this questionnaire is greatly appreciated.
APPLICANT INFORMATION
Last Nam= Esposito First Evan hi.1. Dat_
Street Actress 415 27th drive Aparrmentijnit r-
y Vero Beach state Florida ?jP
4
Nova long have you resided at the above address?_ years _ _ months
Nome Phone ra.,. 6314049718 E-mail Address stopoilwars@gmail.com
Cell Phone No.
'A;e you autiM> ped to w',srk in the il.v.:' 'ES X
NO
EDUCATION
10 being excellent
N;uh school Mercy High School
Ad'iress_
Orstrander Ave Riverhead New York
From 1990 Y^ 1994 Did you graduate?
YES X
N0 Degree
Coilege St John Nepomucene
Nedress
Locust Ave Bohernia New York
rom 1982 To 1990 Did you graduate?
Y s X
No Degree Catholic Education
Other Religious Study
Ad Fess
SUNY STONY BROOK NEW YORK
From 2002 •ro 2003 Did you graduate?
Yrs
NO Degree Biblical Studies
LICENSES AND CERTIFICATIONS
Company
Principal St Helens School
Please list afi licenses and rertificatiorls that you :urrently hold, int:luding
the license and'or certification numbers, as o;ell as the name or the issuing
authority and e: piration date:
2055 Talahasee Ave Vero Beach Florida
SOFTWARE PROFICENCY
Please rate your profcien-� in the roCosving Microsoft programs on a scale of 1-io,
10 being excellent
10
16 10 10
10
Word: .__.__..__.
Excel: ----_____ PovverPeint: ..__-�---- Outlaok: __.._ ..........
Internet Research:-—
REFERENCES
i:' 150 /Is,' three
EullName
Joan Silo
Relationship
Childrens Principal
Company
Principal St Helens School
Phone
Address
2055 Talahasee Ave Vero Beach Florida
l'ullName
Sister Maureen
Relation;np
School Principal
CrVnpany
St Johns
Phone
Address
St John Nepomucene Church
Full Name
Sister Kathaleen Esposito
Relationship Great Aunt
Company
St Petersberg Florida
Phone
Address
St. Petersberg Florida
CreateS �iy'[OiE �=a29 4
PREVIOUS EMPLOYMENT
Company United States Government
Phone Philidelphia VA
Address Calverton National Cemetary
supomnsof Robert Strange
)ob Tile Government Contractor Star.,ina Salary
5 2500 Ending Salary ,; 2500bi weekly
Responsib;;ities Work on energy systems
r-om, 7/2014 To 11/2014 Reason for Leaving,to far to
communte from florida
May v4e contFia your previous sq3ervisor for a reference? YES X
NO
Company Scarano Architects
Phone
Aidress 67 and first lane Brighton Beach Brooklyn
5uperfls3r Robert Scarano
k,t"rine Church Energy Consultant Starting saiaTy
s 20000 Er -ding Salary 65000
Resvrnsibi4ies Build a energy efficient building
rrom 5/2013 To M014 RcasDn for t.eavinq building commissioned
May we contact iour previous superviScr for a reference? YES X
NO
Company
Phone
AdrifeSS
SLlperViS0r
Ow,)er Starting Salary
S Ending Salary S
From To Reason for Leavmg
May viecontact our pre" ious supervisor fci, a refK,-- ice? YES
NO
MILITARY SERVICE
Branch
hank at Disc"argi>
!f other than honorable, explain
BACKGROUND QUESTIONS'
Have you e-ier teen convicted of a crime YES NO 11 yes, please explain.
or feloriv, (otlier 'l-lan a mino. traffic X
Violation?
Has a criminal, ovil or intern.,j! complaint to, YES No If yes, please explain.
mane Dement or ;upervi5ors at places of X
employment ew. been filed against you
Which alieged se,�;al misconduct,
harassment (j,, c1ild abuse by you, or
your participaticn in or facilitation of such
acttvities�
i.reated July 2016
From T , 0
Type of Discharge
I
C"o you P!ese Itly servd- of have Vf)") c',V&'
served, as a ,ofunteer for any
organization, ntity or group in .vhicri you
had sionifican' contact .anti ch0drer- or
other vulneraule populations elderly,
mentally or e -notionally challenged, et:.)?
Have you eve. terminated any employment
or volunteer -!rvice or chosen hot to
renew o, cant nue any employment or
volunteer senice, or ha -ie you ever had
ii emlaloymert{�=oitinteer service terMinated,
or peer) swoje'-t to any -disciplinary action
against you ff:- reasons relating to
allegations of sexual misconduct or child
abuse by you'
clave you eves been rEorinianded,
investigated, (.r dismissed from a position
for Qr0L1r1GS test include or involve immoral
-conduct, ur�p,,Jessiona' i.onduct, unethical
har3`-srnent, including sexual
harassment, Unfitness fo, service. etc.?
.-lave you ever been a ccrlKendant in a civil
action for an rt-tentional to, It, including but
not limited to. assault, false
irrprisoohve"'t' rape, etc.?
Do YOU have, e.:)y relative(s) erriployt'd vy
the Diocese of Palm Fe? --h or any of its
entities') I
If you are ' Nel for the position for which
you have a3ph2d, would you be in a
SUDerviscify relationship 4i -h any member
of your family, household, of relative"
Y=S NO If Yes, please provide the name, address and telephone nurriber �J the
X organization; period of vc,!uriteer service, supervisor's name; and briefly
describe, your activities anmtlor your wt Es'
YES NO If yes, please explain.
plain. Pit -ase include in your explanation the date, nature and
X pace of the occur rence(s) or allegation(s), and the disposition of tie matter(s).
Also identify your erripioyer and supervisor at the time by name, address and
telej:hone number.
YES V if yes, please explain incident, and provide name of supervisor, telephone
numbers, dates, etc.
ES IV If ves, please explain.
YES No If yes, please indicate the neme(s) or reladve(s) and the entity at which
X he"she is employed:
YES NO If yes, please �ndictite the narnp(s) and relationship,
X
ANNUAL OR HOURLY SALARY DESIRED (PLEASE DO NOT WRITE "NEGOTIABLE"),
'-,a you prefer '-o, work F,,I!l Tirne or Part Time?
Full Time X Part Time
Every day except sabbath
Vvhat days, asst, hours are you ova!la!)l-e to vvork?
Salary ReqUi,einents:
Open
x If 51), when
Have you ever •vorked for this company? YES NO and
location',
Created '10v 2016 PagrfralJ
EQUAL tMPLqYMENT
The Diocese of Palm Beach is committed to nquai employment oPoorturiity for 311 qualified perso-is, kvithout regard to race, colo, ancestry, national
ohqin, sex, marital status, pysical handicap, medical condition, or axle, to the Went required by law. This acollies to all employment practices,
including hiring promotion, training disciplinary action, termination or benefits.
EMPLOYMEW AT i LF
Employment is with the mutual consent nf the erriployee and the Diocese :)f Palm °each, L-Onsequent tly, both tnL enployee and the Diocese have
tihe right to terminate the employment relationship at anv time, with o., without ca,!se or advance notice. This employment at vol relationship %-40
temal.11 in effel- throughout Onf15 eMpIcyrnent the Diocese unless it is specifically modif'ed b't an express ilyrit"er.. agreement signed Ny the
employee and tie Diocese or Palm Beach,
CONSENT
The information, I have provided or, this questionnaire is complete and accurate to the best of my knowledge and may be verified by the Catholic
Diocese of PaIrr. Beach. I understand that if hired, any misleading statement andior misrepresentation and/or inaccurate statement on this application
may be cause f)r discipline, ;jp to and including dismissal,
I understand that, as pa:. of their hlrirjg pfpc"'SS' tho Diocese of Palm Beach will cond.jct err.p;oymer)t verification, education verification', driving
record check, climinal background check, refen-nce (j)eck, and/or other inq;,,iries regarding my b;acRg-ound, including information as to my personal
character, general reputation ant" other qualities pertinent to rry prospective service.
I hereby conser' and authorize t Diocese of Palm Beach ands or their designated agents to make such ;naulria3, and 1 author;zc wi-,hout resOrva'ion,
the -elease of s; ch information to the Diocese of Palm Beacii and/cr *.heir designated agents, end release the Diocese V Pain, Beach and the provider
of sud' informaion from any anti all liability -r dzrlage5 arising front the inve,-tigatton and disrlosi-:re of the teQ.jested information, I unders!ann
that this information will be kept can idan.iaL 1 will a!!rvj a phowcopy of this authorization to be as -valid as the ci-iyinAl-
I acknowledge tnat employer-s inustttitness by their Public behavior, actions and words a life consistent with the -each!ngs of the Catholic ChUrch,
SIGNATURE Z
Signature Date
C -eat` -d I!-Jiv 2',16 Paq 4
74
We identify
id n member matches to your customer list in three possible ways:
1. Provide your customer phone numbers, including the area cool-- OR
2. Provide your customer email addresses OR
3. Provide the last name, address and state for each customer
The more detailed information you provide, the increased probability we have of identifying matches.
sample
8888888888 123 Sample Street IN ��arnpjg2an
rjL�Lsfist com
�-----1992999999
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74
Your Earnings ,Record
YOU alta your family may lie eligible for,
valuable benefits;
When you Cie, your family :bay be eligible
to recely e survivovs bene its.
Social Security may help you if y�)u become
disabled - ever, at a young age.
A younc,. person who has worked and paid
Social Security taxes it, as few as two years
can be eligible for disability betlefits.
Social Security credit_ ::)u earn move with vou
_crom jab to job throughout your career,
Total Socia" Security alld lleijical'e taxes paid over your u•urkillg carrier through the last year reltorted oil the cllart above:
1otn `i'axfld
Your faxed
years fiat
8ficiod set.ur;ty
mlir.ale
Worked
11'arnitigh
Khrllings
1993
2,223 $
2,"123
1994
1,243
1,2143
1995
3,0`)3
3,003
1996
1,464
1,464
1997
296
296
1998
3,064
3,064
1999
12,600
90,000
2000
76,200
201,523
2001
895
895
2002
1,000
1,000
2003
598
598
2004
5,109
5,109
2005
255
255
2006
0
U
2007
0
0
2008
0
0
'1009
0
0
iU10
0
0
2011
2,400
2,400
2012
2,OJO
2.000
ZU13
0
0
2014
0
0
2015
6,968
0,968
YOU alta your family may lie eligible for,
valuable benefits;
When you Cie, your family :bay be eligible
to recely e survivovs bene its.
Social Security may help you if y�)u become
disabled - ever, at a young age.
A younc,. person who has worked and paid
Social Security taxes it, as few as two years
can be eligible for disability betlefits.
Social Security credit_ ::)u earn move with vou
_crom jab to job throughout your career,
Total Socia" Security alld lleijical'e taxes paid over your u•urkillg carrier through the last year reltorted oil the cllart above:
f;stinlated ;axes pilid fill `Socia( Ce(_'Irrity:
Estitttated iaxey pald for 4ledtrare.
l'ou pond $11,455
Youi!frill: r 4 y
Youl• ell: Illf,Vers Ilai'l. $10,679
f , 56
Your euyduyers piiiti: yg,56;
Mote: Curreatly, you arils your employer each pay a 6.2lierceilt
Social Security tax on up to S118,500 of your earnings and
a 1.45'' perwmt 111edi(:are.. tAx on all your earrings. If you are self-employed. you pay the combined einployee and employer
amount, which is a 12.4 pervent Sovial Security tax on tip to 5116,500
of your net ear"ittgs Will a 2.9r percent i'1'letlleare
tax ori your etltire itet earnings.
*It y tfu have earned incoftie id "tore Ipari $200,I07 M'50,000 fur ;Harriett
+;tiupIis fiIiitg jointly), you must pfly 0.9 lleo;ltnl ruse ill cMeill t.•re
ixzev.
Help Us Keep Your Earnings Record Accurate
poll, ynoi' eiofiloyer killd 5ocint Secln it,V til.nre responsibility
pi'ol:tissli K li: t. \•Hit�'F ettl"il?flKs rolowto when volli S(ul,xir,±tri
flit flit, a(:t;(fi•ill•V of your , earr0D record. Sll,ce you 1/"gill,
ties firel(al'".ti Ywlr c(rnplete eiwmnga for liLL VRi, i' will Ile
will loin(;, w'e rv-,i"illi(; yolit relf(11'ted earningnS antler your
wltt]`,l'l) off next ye(U's Sit:lwauml. Note: If Vtfli %oi-k r.d for
Willie And >i)(:i%d Sel:111-if,V lillitiller. We I1,(Ve 1111ilrtti±d Vo111'
ififfre thnrl oily, elliployei (hiring link YeHi', of if voti hill boo—
record eflt:fi brie ,volIr e11il,love1' (ol yoll, if you're si li•
a ?"1ii11J 5 and sei)•F?11?ld(1\ of el'It. If lt'1 il7ip, 14'v 1'til'I1h,i;e(! Yulll'
en-pluyeit) rept-il'id yollr i-larilings.
eio"ldngs fol' flip, veaf".
I2+?tnti,lllhet', ti.'ti Voll' eltll rTs, not, the finloirnt of texes Voll
There's a limit oil t}le aluotlrt of earulligs oiI u'llieh you
f,a;,€ in, tiff: litf'nlfer of credits Vou'Ve earlled, tFilt ditvi-Itline
Pay Social Severity tAxpb; each year. The lin:;! ?ill f'e ttSHy
j -Our hellehr arlootlt., ll"lien iv,H (iglu" tiltit fil'notfllt, \{e hale.
\eiil'l\`. H. 111'nt11 ti ahilVe t�;t; (1111It '~till !lot ttlllenir (it: YOM
it UII vi)Ul' it4 e!"nfre e2t1'1'itti5i ol't?I• \+lit,( ltfF;tlllle, tf otAr i'1?f:ol'tls
eal'nings 01ili"t as Social Stiu'll-itv OtErnitigs (l'ol' A"kdit:7tre
are wrong. viii: Indy riot, t-et,pive :til the Ifellefite; In WI)IGII
1.xev, the Irli,Yillmin eariiiiihi flnioujit hegiio rising it, 1991.
y offrf! ellf.l (led.
Sti}[: (: 1996, all (if yoor earnings :tee ti,xeti for Meoicte'tt.l
Review this (dart carefully listog yotif• o(vo reumily to lliftke
Call us right away eft 1.800-772-1233 (7 a,nt. - 1 1)fitVolo'
Sure oto• o,forvifltfoo .i$ coirecl, and that We've illintch
local tittle, TI'l' 1-800-325-077$) it any eainiolrs for Verity
year you wurkt',l. You'ro the only lietson Who can look tit the
before last year olre sfio:v'o iocorret-1tv- Nieitse bf,ie yotu W=:
earifings cliiiit !riot koou whether it is coilllilete and correct'
](" ti,x I'vtol it for Hills" Ve. hit's iwwlizhk (i( Von h. -f± o11(+It e
t?flif! (7 t' all 'f,}'out• earlinigs fro111 IAst year inti; riot be
the L:,S., kilhrx" the directions fit, flip,, hof,t(iin of pltgi! 4.1
sl" ,%,n on yffin Slalef :id. It could lit: flint wi: Still were
213
CO. FILE DEPT CLOCK NUMBER
QLP 00,3710 250 0000008944 1 Earnings Statement •$ a
3AINES BE,RLA;ND, INC -
?AYROLL ACCOUNT
1055 STE KAPT AVE -NUE
13ETHPAGE. NY 11714
Social Security Number, �
"axable Mania) Status: Single
-;xemptions,4llo vKncys:
+ edera: 4
State.
Earnings rate hours this period year to date
Commission 58, 950.38 119.523.14
cross "Pay. $58:9"50 38 119,523,14
Deductions statutory
'ederal Income Tax -21,055.40 38,865.34
>o al Security Tzx -971 5y 4,724.40
Medicare Fax -854 57 1 , 732.24
NY State Income Tax 4,229.47 8,=}71,42
Other
-184.51 374.10
Pretax Uenta: -14.50* 58.'00
Net -.Pa` _
�.�.�y_...'
' Excluded from federal taxable wages
' *,,Ui feiieral taxE.aJle wage6 this l7r11od aim
558.935.88
Period Er ding: 0.3!2:5/2000
Pay '. ate: 04;"14/2000
EVAN ESPOSITO
54 FAIRHARBOR DRIVE
PATCHOGUE,NY 11772
EAB
j,4000O894ti1te t:O i?8O0 Lt,8gt: 013G-060 19 fit° 214
it [9L- •I-.-
__
r-e�r: Y-e�rt^ � (� sr�'rcl'C- i
:X;.tis".��>��-....�.lrsrt:%�.:1'f`teiz'1.,YI:'(.' �-.�;;s"1:,."s �1J�f..i'..�SJ^,tit=.t�:Ji'I;='=ii:�.-k':Ir,_-..,�',J_..lea.l.,.ri;J.,t.a:iF.�'f..✓.,:t:i.!:!_,i}'}-�:i:=iY,�r:�r'�:�"�
<c- 'c-� �ir ta�:i'•i�:c ji...�f�r�.t •.:---.-
Tn, �., .. ::.e; `s.,.. _
is
?A?NES BE.RI_4ND. 'INC,
payroll check number_
`0000'8944 i.
PAYROLL ACCOUNT
Pay date:
On,'i4,2000
1055 STE`NA,9T AVENUE
IETHPAGE, NY 11714
Pay to the
order of.
EVAN ESPOSITO
This amount
THATY, 'ONE' THoUS1>PJD SIX HUNDRED: F6RT`f AND 34,MOO DOLLARS,
$31540.341
EAB
j,4000O894ti1te t:O i?8O0 Lt,8gt: 013G-060 19 fit° 214
it [9L- •I-.-
Custody Control Form Lab ID: ALERE
eScreen 97960145 Lab Panel 10 ', 20 0 Toxicolo�gy
PO Box 25902 Lab Acct:C0167800
()verland Park, K!� 66225-E9021 Panels: 5 PANEL STANDARD
1800) 881-0722 Lab Address:
450 Southlake Blvd
HE 11111111111111111111111111111111 Richmond, VA 23200
Lab Acct * C016'7800
eScreen Company Account:
STEP 1. Care3pot - Vero Beach
Triad Inc America
185 Caprice Co --.-i. Castle RocH CJ 80!09
06
Kaylr, k1offitt
Step 2, TC; BE COMPLETED BY COLLECTOF
I Specimen ternoerriture for urine specimens must be read
1 WIthin 4 minU;eS of ' ollertion .
I SPecirrer, temneral ire within rargc, Yes
14688-37713
Medical Review Officer
Dr, Steonen Krach!
Dr. Slephen K[`2&,,'
8140 Wa,,d ParKvvat;. Suite tic
Kansas City MO 64114
Stip 3. TO BE COMPLETED BY
COLLECTOR AND DONOR
Collector affixes bottle seal on specimen.
Type:
2 lime .�Ora! FJ-1310od F!Flaj� Sper
...... .... .
- - - - - -- - - - -
STEP 4. Rc ason Far Test:
Al Pre-empiov, men, Return To Duty Pro m.tior. Pericom -Medical
Random
Oolveslor)
Post Accident Pollow Up 'DTransfertc
_jReasonable susuicion! ause
;'Other
. . . ....... .
Step 5. TC BE VERIFIED BY DONOR
812811976 6314049718 6314049718
E212207"63080
DInor SSN Date of Birth Daytime Phone Number Evening
Phone Number
Drjyar-*-Ucense
rip
-!hit
"do" $jai it, !06C1 +i—j t,
01".M., , t*,.Gy and
1-14tdfo. WC i fy mAt-lse i")'t S'M U IAr "es,
Evan Esposito 9/1/2017 10,32 AM
-bo-n---or's Name
Date & Time
Step 6. TO BE VERIFIED BY COLLECTOR
Name of Collection Site, Address, City, ST, Zip
CareSpot - Vero Beach
11820587- H AVE UNIT 110
VERO BEACH FL 32966
I, v'c t', ,P tcir- 11cv,, etv t._ -^d 4s n aqmzi—e,
Beatriz Mance 911,,2017 10:32 AM
Collector's Name Date & Time
Remarks!
Step 7 1 AB RECEIVED Seal Intact: [7jyes -71 N o
Shipper
Date & Time
Signature
ORIGINAL FAUST ACCOMPANY SPECIMEN TO LABORATORY
Signature of Donor
Collection Site ID
16780
Signature of Collector
Specimen Sottle(s) Released To
215
CLERK TO THE BOARD
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: August 16, 2017
FROM: Terri Collins -Lister, Value Adjustment Board Clerk
SUBJECT: Resignation of Duane Weise, as Citizen Member Appointee to the Value
Adjustment Board
Mr. Duane Weise has tendered his resignation as Citizen Member Appointee to the Value
Adjustment Board, effective August 16, 2017.
Anyone interested in serving on the Value Adjustment Board as the Citizen Member (must own
homestead property within the County, F.S. 194.015), who meets the requirements, will need to
submit an application and resume to the Board of County Commissioners Office, County
Administration Building A, 1801271h Street, Vero Beach, FL 32960.
Applications can be accessed online at www.ircgov.com/Boards/Committee Application.pdf
or the Board of County Commissioner's Office.
216
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: February 14, 2018
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: Continuation: 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, Public Hearing and the Adoption of Resolution No. III
(Legislative)
BACKGROUND
On February 6, 2018, the Indian River County Board of County Commissioners (BCC) opened a public hearing
to discuss a water main assessment to benefit nine residential properties along 103rd Court in Vero Lake
Estates. A resident from the assessment area, Ms. Deirdre Parker, appeared with handwritten petitions from
four residents stating they no longer wished to participate in the assessment due to the cost. This lowered
the in -favor percentage to five out of nine, or 55.6%.
In 2016, staff originally received signed petitions from seven owners of the nine parcels, or 77.8% of the
property owners, in favor of the project based on a cost of $3,333.33 per residence. However, once the
design was complete, a new opinion of probable cost was computed based on current construction unit costs,
which increased the per -residence cost to $5,200.00, an increase of 56%.
Considering the updated cost and the handwritten petitions received from the attending resident, the BCC
directed staff to reach out to all of the property owners to obtain their consensus with a new petition
outlining the revised per -residence cost of $5,200.00. The public hearing was left open to be continued during
the February 20, 2018, meeting.
ANALYSIS
Staff reached out to the nine property owners with a new petition that outlined the revised cost per
residence of $5,200. Those letters were mailed to the individual property owners on February 6, 2018,
and copies of the letters were picked up by Ms. Parker on February 7, 2018, for hand distribution.
As of February 15, 2018, seven of the nine property owners have responded to the new petition, with 4 being
in favor of the assessment and 3 not in favor. This is subject to change by the hearing date.
Number of Respondents in Favor 4
44%
Number of Respondents Not in Favor 3
33%
Number of Absent Responses 2
22%
217
Public Hearing & Resolution III
103" Court Water Main Assessment
The Director of Utility Services will update the BCC during the Public Hearing in the event additional
petitions are received.
The BCC will have two alternatives:
Alternative 1
If no further petitions are received to indicate a super -majority (66.7%) of residents in favor, staff
recommends tabling the project until the residents indicate interest in connecting.
Alternative 2
Per County Ordinance 81-27, the BCC may authorize staff to move forward with the project. The
BCC, in its capacity to oversee the assessment process, shall meet as the equalizing board to hear
and consider any and all support for, or complaints against, the proposed special assessments,
and it shall adjust and equalize the special assessments on the basis of justice and right according
to Indian River County Ordinance Chapter 206 (Special Assessments).
Upon the adoption of Resolution III, staff will apply for the Florida Department of Environmental
Protection (FDEP) water system construction permit and Indian River County Right -of -Way permit. Staff
anticipates the following schedule (please note that these dates are estimations and could be subject to
change):
➢ Labor Contract Work Authorization —March 2018
➢ Substantial Completion of Construction — May 2018
➢ Final Completion of Construction —May 2018
➢ Final As -Built Resolution (Resolution IV) to BCC—June/July 2018
The construction portion of the project will be the installation of approximately 600 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 S. 89" Street to the north and terminate at 88th Street to the south (Attachment 1- Map of
Assessment Area). 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 all nine benefitting parcels once Resolution No. III is adopted. Estimated monthly expenses for the
water assessment are presented on Attachment 2.
When construction of the new water main is complete and it has been cleared for service by the FDEP, and
prior to Resolution IV, it is staffs recommendation to allow owners to connect to the water system should
they choose to do so. Financing options associated with assessment charges will only become applicable
after Resolution IV is adopted. ,
FUNDING:
If the BCC chooses Alternative 1, tabling of the project, then Indian River County Department of Utility Services
(IRCDUS) can shelve the project until such time as the residents indicate an interest in County water, and no
cost incurred by IRCDUS to this point will be assessed to the residents. The costs of the survey, advertising,
and other fees will be charged to the Other Professional Services account in the Operating Fund. Operating
funds are derived from water and sewer sales.
Page Wg
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Public Hearing & Resolution III
103rd Court Water Main Assessment
DESCRIPTION
ACCOUNT NUMBER
AMOUNT
Other Professional Services
47123536-033190
$4,721.58
If BCC chooses Alternative 2, move forward with the project, then the funding will be derived from the
assessment fund. Assessment funds are generated directly from the customers benefiting from the project.
DESCRIPTION
ACCOUNT NUMBER
AMOUNT
Vero Lake Estates Sub -Unit H-3
473-169000-17512
$ 46,800.00
Petition Water Assessment
RECOMMENDATION
Continue the public hearing opened on February 6, 2018. At this time, based on the petitions received as of
February 15, 2018, staff recommends that the Board of County Commissioners (BCC) choose Alternative 1:
Table the project. If any new information is obtained between now and the hearing date of February 20,
2018, then staff recommendation could change.
-Or-
Alternative 1
If no further petitions are received to indicate a super -majority (66.7%) of residents in favor, staff
recommends tabling the project.
Alternative 2
If a favorable super -majority is indicated by either receipt of petitions or during the public hearing,
staff recommends adopting Resolution No. III with the following conditions:
a. Cost per parcel of $5,200.00;
b. Nine benefitting parcels as part of the special assessment lien;
C. For benefitting parcels above in point b, allow property owners to finance the
capital cost of $5,200.00 for up to 10 years, payable in 10 equal yearly installments
at an annual interest rate of 5.00% (set by the BCC each January); and,
d. Allow property owners to connect once the new water main has been placed into
service prior to Resolution IV.
LIST OF ATTACHMENTS:
1. New Petitions (7 each)
2. Handwritten Petitions from February 6, 2018 (4 each)
3. Map of Assessment Area
4. Estimated Monthly Expenses for Water Assessment
5. Confirming Resolution (Resolution No. III)
6. Assessment Roll (Exhibit "A" to Resolution No. III)
Page 3249
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;.;, INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
o ., ,.o
PRELIMINARY PETITION FORM
PROPOSED WATER MAIN ASSESSMENT FOR 103rd Court SUBDIVISION
Parcel No: 31382800004008000008.0
Site Address: 8815 103RD CT
Owner Name: FERNANDEZ AGUSTIN KERLY
Mailing Address:
FERNANDEZ AGUSTIN KERLY
8815103RD CT
VERO BEACH, FL 32967
Legal Description:
VERO LAKE ESTATES SUB UNIT H-3 BLK/BLDG : BLK H LOT/UNIT : LOT 8 PBI/OR BK: PBI 6-18
Estimated Construction Cost of Improvements: $46,800.00 Estimated Cost per Property: $5,200.00
This proposed water main assessment project will be completed as an equal assessment. The updated cost per residence
is listed above. Please check one of the options below and use the enclosed postage -paid envelope to return to Indian
River Couunntt ..Department of Utility Services.
V YES — In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
Signature: Trust Date:
Signature: Second O er ate:
Signature: Trust
Date:
The BCC will not move forward unless there is a minimum 66.7% (6 of the 9 property owners) super -majority in favor of
the project. We must receive this copy back for every parcel that is within the project boundary.
220
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
PRELIMINARY PETITION FORM
PROPOSED WATER MAIN ASSESSMENT FOR 103rd Court SUBDIVISION
Parcel No: 31382800004005000012.0
Site Address: 8846103RD CT
Owner Name: BONNER DAVID S JENNIFER R
Mailing Address:
BONNER DAVID S JENNIFER R
8846103RD CT
VERO BEACH, FL 32967
Legal Description:
VERO LAKE ESTATES SUB UNIT H-3 BLK/BLDG : BLK E LOT/UNIT : LOT 12 PBI/OR BK: PBI 6-18
Estimated Construction Cost of Improvements: $46,800.00 Estimated Cost per Property: $5,200.00
This proposed water main assessment project will be completed as an equal assessment. The updated cost per residence
is listed above. Please check one of the options below and use the enclosed postage -paid envelope to return to Indian
River County Department of Utility Services.
�z YES —In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
Signature: Trust Date:
Signature: Secondary Owner Date:
Signature: Trust
Date:
The BCC will not move forward unless there is a minimum 66.7% (6 of the 9 property owners) super -majority in favor of
the project. We must receive this copy back for every parcel that is within the project boundary.
221
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
PRELIMINARY PETITION FORM
PROPOSED WATER MAIN ASSESSMENT FOR 1031d Court SUBDIVISION
Parcel No: 31382800004005000014.0
Site Address: 8866 103RD CT
Owner Name: NICHOLS DANA TINA
Mailing Address:
NICHOLS DANA TINA
8885103RD CT
VERO BEACH, FL 32967
Legal Description:
VERO LAKE ESTATES SUB UNIT H-3 BLK/BLDG : BLK E LOT/UNIT : LOT 14 PBI/OR BK: PBI 6-18
Estimated Construction Cost of Improvements: $46,800.00 Estimated Cost per Property: $5,200.00
This proposed water main assessment project will be completed as an equal assessment. The updated cost per residence
is listed above. Please check one of the options below and use the enclosed postage -paid envelope to return to Indian
River County Department of Utility Services.
V YES — In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
Signature: Owner Date:
Signature: Trust Date:
Gs.►� ,; • oSr.� ala'
Signature: Secondary Owner Date:
Signature: Trust
Date:
The BCC will not move forward unless there is a minimum 66.7% (6 of the 9 property owners) super -majority in favor of
the project. We must receive this copy back for every parcel that is within the project boundary.
222
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
PRELIMINARY PETITION FORM
PROPOSED WATER MAIN ASSESSMENT FOR,103,d Court SUBDIVISION
Parcel No: 31382800004005000009.0
Site Address: 8816103RD CT
Owner Name: HARRELL MICHAEL J * BARBARA NEGREIRA
Mailing Address:
HARRELL MICHAEL J * BARBARA NEGREIRA
8816103RD CT
VERO BEACH, FL 32967
Legal Description:
VERO LAKE ESTATES SUB UNIT H-3 BLK/BLDG: BLK E LOT/U,NIT: LOTS 9 & 10 PBI/OR BK: PBI 6-18
Estimated Construction Cost of Improvements: $46,800.00 Estimated Cost per Property: $5,200.00
This proposed water main assessment project will be completed as an equal assessment. The updated cost per residence
is listed above. Please check one of the options below and use the enclosed postage -paid envelope to return to Indian
River County Department of Utility Services.
YES — In favor of the proposed Water Assessment Project.
NO— Not in favor of the proposed Water Assessment Project.
_/b _ddll?
hignature: Owner Date:
Signature: Trust Date:
Signature: Secondary Owner Date:
Signature: Trust
Date:
The BCC will not move forward unless there is a minimum 66.7% (6 of the 9 property owners)'super-majority in favor of
the project. We must receive this copy back for every parcel that is within the project boundary.
223
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
PRELIMINARY PETITION FORM
F>ririn`% PROPOSED WATER MAIN ASSESSMENT FOR 103rd Court SUBDIVISION
Parcel No: 31382800004008000007.0
Site Address: 8825103RD CT
Owner Name: RITTAN LLC
Mailing Address:
RITTAN LLC
1061 INDIAN MOUND TRAIL .
VERO BEACH, FL 32963
Legal Description:
VERO LAKE ESTATES SUB UNIT H-3 BLK/BLDG : BLK H LOT/UNIT : LOT 7 PBI/OR BK: PBI 6-18
Estimated Construction Cost of Improvements: $46,800.00 Estimated Cost per Property: $5,200.00
This proposed water main assessment project will be completed as an equal assessment. The updated cost per residence
is listed above. Please check one of the options below and use the enclosed postage -paid envelope to return to Indian
River County Department of Utility Services.
YES — In favor, of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
Signature: Owner Date: Signature: Secondary Owner Date:
Signature: Trust Date: Signature: Trust Date:
The BCC will not move forward unless there is a minimum 66.7% (6 of the 9 property owners) super -majority in favor of
the project. We must receive this copy back for every parcel that is within the project boundary.
224
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
t< PRELIMINARY PETITION FORM
`>uKio`>✓ PROPOSED WATER MAIN ASSESSMENT FOR 1031d Court SUBDIVISION
Parcel No: 31382800004008000005.0
Site Address: 8835 103RD CT
Owner Name: GREEN WILLIAM A * BRENDA T
Mailing Address:
GREEN WILLIAM A * BRENDA T
8835103 RD CT
VERO BEACH, FL 32967
Legal Description:
VERO LAKE ESTATES SUB UNIT H-3 BLK/BLDG : BLK H LOT/UNIT : LOTS 5 & 6 PBI/OR BK: PBI 6-18
Estimated Construction Cost of Improvements: $46,800.00 Estimated Cost per Property: $5,200.00
This proposed water main assessment project will be completed as an equal assessment. The updated cost per residence
is listed above. Please check one of the options below and use the enclosed postage -paid envelope to return to Indian
River County Department of Utility Services.
YES — In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
r
Jq0.
l8
Signature: Owner Date:
Signature: Trust Date:
Signature: Secondary Owner Date:
Signature: Trust
Date:
The BCC will not move forward unless there is a minimum 66.7% (6 of the 9 property owners) super -majority in favor of
the,project. We must receive this copy back for every parcel that is within the project boundary.
225
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
PRELIMINARY PETITION FORM
PROPOSED WATER MAIN ASSESSMENT FOR 103rd Court SUBDIVISION
Parcel No: 31382800004005000013.0
Site Address:
_Owner Name: Confidential
Mailing Address:
Confidential
Legal Description:.
VERO LAKE ESTATES SUB UNIT H-3 BLK/BLDG : BLK E LOT/UNIT : LOT 13 PBI/OR BK: PBI 6-18
Estimated Construction Cost of Improvements: $46,800.00 Estimated Cost per Property: $5,200.00
This proposed water main assessment project will be completed as an equal assessment. The updated cost per residence
is listed above. Please check one of the options below and use the enclosed postage -paid envelope to return to Indian
River County Department of Utility Services.
JL�YES — In favor of the proposed Water Assessment Project.
U
NO — Not in favor of the proposed Water Assessment Project.
CONFIDENTIAL
Signature: Trust Date:
CONFIDENTIAL
Signature: Trust
Date:
The BCC will not move forward unless there is a minimum 66.7% (6 of the 9 property owners) super -majority in favor of
the project. We must receive this copy back for every parcel that is within the project boundary.
226
�
.O
227
February 5, 2018
To whom it may concern:
1, Soila Luna, and my husband, Jose Luna, have reviewed the information
provided to us by Indian River County and have decided to be against assessment.
We have arrived to this decision secondary to the elevated expenses this will cause
our household. Our address is:
8836103 rd CT
Vero Beach, FL 32967
772-321-1806
Thank you,
�Y
Soila Luna .,
Jose
228
CONFIDENTIAL
February 5, 2018
To whom it may concern,
We are no longer interested in participating in the water assessment project.
229
Feb. 51' 2018
To whom it may concern,
1, Kimberly Green, homeowner of 8865103`d Ct Vero Beach FL, 32967. 1 no longer wish to participate in
the Water Assessment Project.
230
S 89TH ST
N
0 25 50 100 1501 200
Feet
8886 8885 8886
8885
8876
:
7
8866
8866
8865
,
c~i
o°
CO
o:
8865
8856
8846
8835
8846
8845
8836
8836
8835
10390
8825
8816
8825
8815
88TH ST
Q
0
w
o,
Indian River County Water Assessment Project
ER co
8815 - 8866 103rd Court 4s�
z
Vero Lake Estates
1OR1�P►
103RD COURT PROPOSED WATER MAIN ASSESSMENT
Date: 1/25/2018
ESTIMATED MONTHLY EXPENSES FOR WATER ASSESSMENT
Years 1— 5
Years 6 —10
After 10 Years
Monthly Water Bill (based on 5,000
$21.72
$21.72
$21.72
gallons per month)
Assessment for water service
$55.15
$55.15
($5,200.00 financed for 10 years @
5.00%)
Impact Fee ($1,300.00 financed for 5
$24.53
years @ 5.00%)**
Monthly Total
$101.40
$76.87
$21.72
*this will be billed annually but the
customer can make monthly payments
**75% to transmission & 25% to
treatment
OTHER ONE-TIME FEES CHARGED:
5/8" Meter
$130.00
Deposit
$50.00
New Service Fee
$25.00
If assessment fees are paid within 90 -days then interest will not apply
If impact fees are financed
then recording fees & doc
Stamps will apply
$40.05
232
Public Hearing (Third Reso.)
RESOLUTION NO. 2018-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL
ASSESSMENTS IN CONNECTION WITH 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; AND PROVIDING FOR SPECIAL ASSESSMENT
LIENS TO BE MADE OF RECORD.
WHEREAS, the Board of County Commissioners of Indian River County ("Board") has, by
Resolution No. 2018-010 adopted on January 9, 2018, determined to make special assessments
against certain properties to be specially benefited and serviced by a water main extension
("Assessment Project") along 1031d Court from 881 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
("the Assessment Area"); and
WHEREAS, Resolution No. 2018-010 described the method of assessing the cost of the
Assessment Project against the specially benefited properties in the Assessment Area and how
the special assessments imposed on the specially benefited properties in the Assessment Area
are to be paid; and
WHEREAS, Resolution No. 2018-010 was published in the Indian River Press Journal on
January 21, 2018, as required by Section 206.04, Indian River County Code; and
WHEREAS, Resolution No. 2018-011, adopted by the Board on January 9, 2018, set a
time and place for a public hearing at which the owners of the specially benefited properties in the
Assessment Area to be assessed for the Assessment Project and other interested persons would
have the chance to be heard as to the propriety and advisability of making the improvements, if
not already made, the cost thereof, the manner of payment therefor and the amount to be
assessed against each property, and for the Board to act as required by Section 206.07, Indian
River County Code; and
WHEREAS, notice of the time and place of the public hearing was published in the Indian
River Press Journal on January 21, 2018 and on January 28, 2018 (at least twice, one week
apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian
River County Code; and
WHEREAS, the land owners of record were mailed notices on January 9, 2018 (at least
ten days prior to the hearing), as required by Section 206.06, Indian River County Code; and
WHEREAS, the Board, on Tuesday, February 6, 2018, at 9:05 a.m. opened the public
hearing with regard to the special assessments and after hearing comments, continued the public
hearing to Tuesday, February 20, 2018, at 9:05 a.m. (or as soon thereafter as the public hearing
could begin);
233
RESOLUTION NO. 2018 -
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in their entirety.
2. The special assessments imposed for the Assessment Project against the specially benefited
properties in the Assessment Area shown on the assessment roll attached hereto as Exhibit "A"
and incorporated herein by this reference are hereby confirmed and approved, and shall remain
legal, valid, and binding first liens upon and against the specially benefited properties shown on
attached Exhibit "A" until paid in full. The special assessments for the Assessment Project shall
constitute a lien against the specially assessed property in the Assessment Area equal in rank
and dignity with the liens of all state, county, district or municipal taxes, and other non -ad valorem
assessments. Except as otherwise provided by law, such special assessment lien shall be
superior in dignity to all other liens, titles and claims, until paid. The special assessment lien shall
be deemed perfected upon adoption by the Board of this Resolution and recordation of this
Resolution in the Official Records of the County maintained by the Clerk of Indian River County.
Such recordation shall constitute prima facie evidence of the validity of the special assessments
imposed for the Assessment Project in the Assessment Area.
3. The special assessment imposed per parcel is in the amount of $5,200.00, and shall be due
and payable and may be paid in full without interest within 90 days after the date of the passage
of the as -built resolution by the Board. The as -built resolution occurs after completion of the
improvements. If not paid in full within the 90 -day period from the passage of the as -built
resolution, then the special assessment may be paid in ten equal yearly installments of principal
plus interest; said interest rate to be determined by the Board when the improvements are
completed.
4. The Board hereby finds and determines that the special assessments imposed in accordance
with this Resolution and Resolution Nos. 2018-010 and 2018-011 provide an equitable method of
funding the construction of the Assessment Project based upon the current uses, sizes, zoning
and development potential of the parcels which are equally benefited by the provision of water,
and thus the allocation of the assessment will be equal per parcel as described in Resolution No.
2018-010. The Board hereby finds and determines that the properties assessed by this
Resolution will receive special benefits equal to or greater than the cost of the special assessment.
The resolution was moved for adoption by Commissioner , and the
motion was seconded by Commissioner , and, upon being put to a vote, the
vote was as follows:
Chairman Peter D. O'Bryan
Vice Chairman Bob Solari
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
234
RESOLUTION NO. 2018
The Chairman thereupon declared the resolution duly passed and adopted this day
of February, 2018.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest: Jeffrey R. Smith, Clerk of
Court and Comptroller
M
By
Deputy Clerk
Approved as to form and le iciency:
By
Dylan Reingold, County Attorney
Peter -D. O'Bryan, Chairman
Attachment Exhibit "A" - Assessment Roll (to be recorded on Public Records)
235
Exhibit "A"
INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES OMB
103RD COURT WATER ASSESSMENT PROJECT — PRELIMINARY ASSESSMENT ROLL �;.� ?X
�,. �,�.
Page 1 of 3 236
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
Page 1 of 3 236
Exhibit "A"
INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES""�
r Q:
103RD COURT WATER ASSESSMENT PROJECT — PRELIMINARY ASSESSMENT ROLL
`"y
Page 2 of 3 237
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
8866 103RD 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 A
Secondary
Owner #1
Secondary
Owner #2
Mailing Address
8865 103RD CT
VERO BEACH FL32967
Legal
VERO LAKE ESTATES SUB UNIT H-3 - BLK H LOTS 3 &
4 PBI 6-18
Latest Update:
Site Address
8865 103RD CT
1
12/28/2017
Page 2 of 3 237
Exhibit "A"
INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES
Z( �w
103RD COURT WATER ASSESSMENT PROJECT— PRELIMINARY ASSESSMENT ROLL
Page 3 of 3 238
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
Page 3 of 3 238
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:
Alet Filmalter
ADDRESS: 1710 Belmont Circle SW, Vero Beach, 32968 PHONE: 772 643 3187
SUBJECT MATTER FOR DISCUSSION: Millstone Roadway Improvements to 1711 Street SW
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? a YES X� NO
IS THIS AN APPEAL OF A DECISION ❑ YES X❑ NO
WHAT RESOLUTION ARE YOU Ability to Close on Home Purchase
REQUESTING OF THE COMMISSION?
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1
YES FxNO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS N/A
REQUEST?
Transmitted to Administrator Via:
Interactive Web Form
E -Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR: Jason E. Brown
MEETING DATE: Tuesday, February 20, 2018
FACounty Admin\ExmAsst\AGENDA\Public Discussion Items Formdoc
239
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 Countv 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: Jeffrey L. Vaughan
ADDRESS: c/o Comfort Suites Hotel 9050 Americana Way PHONE:
Vero Beach,FL 32966
772 713 3385
SUBJECT MATTER FOR DISCUSSION: Millstone Roadway Improvements to 171t' Street SW
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? a YES Fx I NO
IS THIS AN APPEAL OF A DECISION FX I
YES F-1 NO
WHAT RESOLUTION ARE YOU
REQUESTING OF THE COMMISSION? , Ability to Close on Home Purchase
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1
YES FxNO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS N/A
REQUEST?
Transmitted to Administrator Via:
Interactive Web Form
E -Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR: Jason E. Brown
MEETING DATE: Tuesday, February 20.2018
FACounty AdminNExecAs \AGE, IDATub6c Discussion Items Form.doc
240
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: Jennifer and Philip Snyder
ADDRESS: 540 45 Ct SW PHONE: 309-948-3814
SUBJECT MATTER FOR DISCUSSION: Millstone Roadway Improvements to 17'h Street SW
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F� YES Fx I NO
IS THIS AN APPEAL OF A DECISION IX
YES ❑ NO
WHAT RESOLUTION ARE YOU Ability to Close on Home Purchase
REQUESTING OF THE COMMISSION?
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES IX -1 NO
WHAT FUNDS OR ACTIVITIES ARE N/A
REQUIRED TO MEET THIS REQUEST?
Transmitted to Administrator Via:
Interactive Web Form
E -Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR: Jason E. Brown
MEETING DATE: Tuesday, February 20, 2018
Documen[2
241
Departmental Matters
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the Board of County Commissioners
DATE: February 9, 2018
FROM: Michael R. Smykowski
Director, Office of Management & Budget
SUBJECT: 2018/2019 BUDGET WORKSHOP / HEARING SCHEDULE
Description
Presented below are selected dates for the 2018/2019 budget workshop and the tentative and
final budget hearings.
Budget Workshops:
Budget Packet distributed to the Board of Commissioners Friday, July 6, 2018
Scheduled Budget Workshop
Budget Hearings:
Public Hearing on Tentative budget and proposed
millage rates
Final Budget Hearing to adopt budget and millage rates
Wednesday, July 11, 2018
Thursday, July 12, 2018 (as
needed)
Wednesday, Sept. 12 , 2018
at 5:01 p.m.
Wednesday, Sept. 19, 2018
at 5:01 p.m.
Note: The tentative and final budget hearing dates are preliminary in nature. Once the Indian
River County School District sets the dates for their budget hearings, we may need to change
these dates to ensure that there is not a conflict.
Recommendation
Staff recommends that the Board of Commissioners approve the budget workshop dates and the
dates for the budget hearings for the 2018/2019 budgets.
242
BCC AGENDA
February 20, 2018
ITEM 14.13.11
INDIAN RIVER COUNTY
BOARD. OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: February 14, 2018
SUBJECT: Update on Florida's Constitution Revision Commission
FROM: Commissioner Bob Solari
I would like to update the Board on the progress of the Constitution
Revision Commission. The discussion will briefly discuss the following
proposals:
Proposal 95 — Restricting Home Rule
Proposal 72 — Requiring 2/3s vote of each house of legislature to
raise a tax or fee
Proposal 54 — Removing requirement for certificate of need
Proposal 10 — Civic Literacy in Public Education
Proposal 6 — Chevron Deference
Thank you,
Bob
r"W
243
February 20, 2018
ITEM 14.E.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: February 20, 2018
SUBJECT: Discussion and Action Request —
Millstone Landing Certificate of Occupancy
FROM: Tim Zorc
Commissioner, District 3
Discussion Item:
I would like to revisit the issue discussed at the Special Call Meeting of the Board of
County Commissioners on January 30 2018, on the number of Certificates of
Occupancy to be issued during the continued road improvements required under the
Developer's Agreement for Millstone Landing planned community. It has been brought
to my attention that there are some home sites that have been completed and are
awaiting settlement. In many of these cases, the purchasers have sold their existing
homes and are unable to move into their new residences at Millstone Landing. This is
causing undue hardship to the residents.
I am asking that only Certificates of Occupancy be allowed to continue to be issued
while the Developer completes the necessary work.
Attachments:
1) Public Construction Bond
2) Memorandum dated February 1, 2018 from Office of County Attorney
3) Contract for Construction of Required Roadway Improvements
4) Emails from Impacted Residents
244
PUBLIC CONSTRUCTION BOND
Bond No. 9156894
BY THIS BOND, We, SLV Millstone, L.L.C., a Delaware limited liability
company, as Principal and Fidelity and Deposit Company of Maryland, as Surety, are
bound to Indian River County, a political subdivision of the State of Florida, herein
called Owner, in the sum of $1,875,442.81, for payment of which we bind ourselves, our
heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated June 5th, 2017, between Principal and Owner for
construction of roadway improvements to 17th Street, S.W., the contract being made a
part of this bond by reference, at the times and in the manner prescribed in the contract',
and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including
appellate proceedings, that Owner sustains because of a default by Principal under the
contract; and
4. Performs the guarantee of all work and 'materials furnished under the contract for the
time specified in the contract, then this bond is void; otherwise it remains in full force.
Any action instituted by a claimant under this bond for payment must be in accordance
with the notice and time limitation provisions in Section 255.05(2), Florida Statutes.
Any changes in or under the contract documents and compliance or noncompliance with
any formalities connected with the contract or the changes does not affect Surety's
obligation under this bond.
DATED ON June 5th , 2017.
CC
U-
M
ca
2M
.4 tL
0
SLV MILLSTONE ., a Delaware limited
liability
7
By-
(authoriiq-LWF�er
printed name: Allthori713fj �iqnAtory
FIDELITY AND DEPOSIT COMPANY OF.k�*,
MARYLA
By
printed name: Kathleen M. Coen
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. Atte Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attornevs-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERiCAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
INTESTIMONY -TWHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
_
this day of20
p Dilpf�S(� �ygtiu�
1fsD i iz ;i 88AL +�
°g t 1 «nm •7
Michael Bond, Vice President
246
ZURICH A14IERICAN INSURANCE COi�MANY
COLONIAL AINIERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GERALD F. HALEY, Vice President, in pursuance of authority granted by Article V, Section 8, of the Fay -Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Gary J. GIULI.ETTI, holly L. LYNCH, Kathleen M. COEN and Chelsy Lee ALIGIZAKIS, all of .Farmington,
Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and
as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,
shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the
regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their
own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -.Laws of said Companies, and is now in force.
IN WITNESS 'WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH ANIERICAN INSURANCE COMPANY, COLONIAL ArNIERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of May, A.D. 2016.
ATTEST:
Secretary
Atichael McKibben
ZURICH A4IERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
„1vM+.rs„
p DilOtr G►t�G
JEAL
i• tTss a ,x} fo.'
`00INS
t,/t
'V
Yice President
Gerald F. Haley
State of Maryland
County of Baltimore
On this 3rd day of May, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GERALD F.
HALEY, Vice President, and MICHAEL MCIOBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers describe
in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the
said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said
Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
'" }i'.d}tit,�':+tf t� tipttii�s 45tts,+r
rrrjlltett411. ti k � :;F'...�f.�"i �}.:•, „�'
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2019
ori �.. i". '�' -
_y, 3_)•
ts
.247
POA -F 093-00190
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117
Statement of Financial Condition
As Of December 31, 2016
ASSETS
Bonds............................................................................................................................................... $ 141,903,342
Stocks............................................................................................................................................... 22,845,654
Cash and Short Term Investments.................................................................................................... 3,080,053
Reinsurance Recoverable................................................................................................................. 13,996,720
Other Accounts Receivable.............................................................................................................. 27,147,872
TOTAL ADMITTED ASSETS........................................................................................................ $ 208,973,641
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses...................................................................................................... $ 896,428
Ceded Reinsurance Premiums Payable............................................................................................ 40,193,693
Securities Lending Collateral Liability ............................................................................................ 0
TOTALLIABILITIES.................................................................................................................... $ 41,090,12I
Capital Stock, Paid Up ...................................................... ............................... $ 5,000,000
Surplus................................................................................................................ 162,883,521
Surplus as regards Policyholders...................................................................................................... 167,883,520
TOTAL....................................................................................................................................... $ 208,973,641
Securities carried at $62,166,344 in the above statement are deposited with various states as required by law.
Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of
market quotations for all bonds and stocks owned, the Company's total admitted assets at December 31, 2016 would
be $209,350,832 and surplus as regards policyholders $168,260,711.
I, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSfr COMPANY OF MARYLAND, do hereby
certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st
day of December, 2016. �1
State of Illinois
City of Schaumburg SS:
Subscribed and s%vom to, before me, a Notary Public of the State of Illinois, in the City of Schaumburg, this IA day of March, 2017.
�—
PDANnYl. JOINER
OFFICIAL SEAL
Notary 17-iAc - Staio of Illinois
My Commission a—plies
February 24, 2019
Secretary
NotaryPublic
EM
Public Work
F.S. Chapter 255.05 (1)(a)
Cover Page
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION
INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME
LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES.
BOND NO:
9156894
CONTRACTOR NAME:
SLV Millstone, L.L.C., a Delaware limited liability company
CONTRACTOR ADDRESS:
591 W. Putnam Avenue
OWNER PHONE NO:
Greenwich, CT 06830
CONTRACTOR PHONE NO:
941-388-0707
SURETY COMPANY NAME:
Fidelity and Deposit Company of Maryland
SURETY PRINCIPAL
1299 Zurich Way, Schaumburg, IL 60196-1056
BUSINESS ADDRESS:
N/A
SURETY PHONE NO:
800-987-3373
OWNER NAME:
Indian River County, a political subdivision of the State of Florida
OWNER ADDRESS:
18012Th Street, Vero Beach, FL 32960
OWNER PHONE NO:
772-226-1283
OBLIGEE NAME-
N/A
(if contracting entity is different from
the owner, the contracting public entity)
-
OBLIGEE ADDRESS:
N/A
OBLIGEE PHONE NO:
N/A
BOND AMOUNT:
$1,875,442.81
CONTRACT NO:
Indian River County Right -Of -Way Permit No. 2016110288
(If applicable)
IRC Project No. 2003100068
DESCRIPTION OF WORK:
171h Street, SW roadway improvements
PROJECT LOCATION: 171h Street, SW
LEGAL DESCRIPTION: N/A
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page' regardless of any page number(s) that maybe printed thereon.
3120180005821
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
SK: 3089 PG -1 30 Page 1 of 51131/2018 31,58 PM
249
Dylan Reingold, C:ounry Attorney
kX;11ia11_1 K. DeBraal, Deputy County Attorney
Kate Pingolr Cotner, Assistant County Attorney
TO:
Office of
INDIAN
MEMORANDUM
Michael Smykowski - OMB Director
ATTORNEY
FROM:t (V Nancy H. Mossali, Legal Assistant - Office of County Attorney
11L`' 00
DATE: February 1, 2018
SUBJECT: 1711 Street, SW Roadway Improvements
Contract for Construction of Required Roadway Improvements
Developer: SLV Millstone, L.L.C., a Delaware limited liability
company
Right -Of -Way Permit No. 2016110288
SLV Millstone, L.L.C., as a condition of Right -Of -Way Permit No. 2016110288 (Code
Section 312.11) has posted security to guarantee completion of required 1711 Street, SW
roadway improvements within the County right-of-way. Attached for calendaring and
holding in safekeeping are the following documents:
Original Contract for Construction of Required Roadway Improvements (Re:
Right -Of -Way Permit # 20.16110288); and
Original Public Construction Bond No. 9156894 issued by Fidelity and Deposit
Company of Maryland in the amount of $1,875,442.81 — this original has been
recorded in Book 3089, Page 30 of the Public Records of Indian River County,
Florida.
Please note that the roadway improvements are to be constructed on or before June 12,
2018. Please calendar the June 12, 2018 date as well as 60 days in advance of this date so
that an inspection can be performed to determine if the improvements are completed so
that a reduction to the security can be authorized when the warranty document
(Warranty and Guaranty Agreement and Bill of Sale) is executed so that the 1 -year
warranty period can commence.
Additionally, attached to assist you is a copy of Code Section 312.11 which 'sets out the
guaranty and warranty time periods, how partial releases are addressed, and the
percentages to be held in escrow during the guaranty period and the warranty period.
nhm
attachments
cc: Richard B. Szpyrka, P.E. — Public works Director
James W. Ennis, P.E.—County Engineer
David hays, P.E. — Land Development Manager
Daniel Wittenberg — Engineering Inspection Supervisor
250
project: 171�1 Street, SW
offsite roadway improvements
(Section 312.11) 115%
CONTRACT FOR CONSTRUCTION OF
REQUIRED IMPROVEMENTS
(RE: RIGHT-OF-WAY PERMIT NO. 2016110288)
THIS C(JNTFU\CT, made and entered into this day of 2017
by and between SLVMILLSTONE, L.L'C,.a Delaware limited liability company, having o
mailing address of 591 W. Putnam Avenue, Grewnwich, CT 06830. hereinafter referred to as
"Devm|ope,.^ and INDIAN RIVER. COUNTY, a political subdivision of the State of Florida, by
and through its Board of County Commissioners, hereinafter referred to as "County":
WITNESSETH:
WHEREAS, the undersigned Oeveoper, as a condition of the developer's
agreement, is required to construct certain off-site improvements within County right-of-way;
and
WHEREAS, pursuant to Indian River County Code Section 312'11, and as e
condition of County right-of-way permit #2016110288, Developer is required to post acceptable
security in the amount of 115% of the estimated costa of the proposed improvements,
submitted byonengineer registered 1nthe State nfFlorida hopractice professional engineering,
and approved by County, to guaranty installation and completion of the required improvements
tothe satisfaction ofCounty; and
VVHEREA8, said required roadway |rnpnovenner4s are to be completed within
twelve (12) months from the issuance ofCounty dght-of^waypermit #2O1O11O288; and
VVHERE/&S. Developer ahoU post either cash, letter of credit or Public
Construction bond to guaranty installation and completion of the required improvements. Upon
completion of the required roadway improvements by Developer and upon approval of same by
the County Public Works Director, Developer shall be eOt0ed to ninety (QC) percent reduction
of the security posted. Developer mhaUthen post gn onnount equal to the remaining ban (10)
percent to be held as warranty security for one (1) year from the date of approval by the County
Public Works Director,
|fDeveloper posts cash asguaranty, then upon completion and County approval
of the required improvements, ninety (90) percent of the amount posted will be released by
County with the remaining ten (10) percent to be held as warranty security for one (1) year from
the date ofapproval bythe County Public Works Director.
If guaranty security is posted in the form of a letter of credit, upon completion of
the required improvements and County approval, the letter of credit may be reduced by ninety
IAPPROVED AS TO FORM
WILLIAM K. DEBRAAL - 251
DEPUTY COUNTY ATTORNEY
(90) percent but the remaining ten (10) percent letter of credit must remain valid for 90 days
beyond the 1 -year warranty period.
If a Public Construction bond is posted as security, upon completion of the
required improvements and approval by the County, Developer shall post a warranty bond in
the amount of ten (10) percent of the Public Construction bond amount; and the Public
Construction bond will not be released until the acceptable warranty bond is in place; and
WHEREAS, at the completion of the roadway improvements, Developer agrees
to execute a Warranty and Guaranty Agreement and Bill of Sale to warranty the roadway
improvements for a period of one year against defects due to faulty field engineering,
workmanship, or materials, secured with the remainder ten (10) percent security mentioned
above; and
WHEREAS, nearing the end of the 1 -year warranty period,'or sooner if the need
arises, County will cause inspections to be performed to determine if all improvements remain
free from defects due to faulty field engineering, workmanship, or materials. If the roadway
improvements are determined to be acceptable, then the remaining ten (10) percent security
will be released by the County Public Works Director at the end of the warranty period. In the
alternative, if the roadway improvements are found to be defective, County will notify Developer
of such defect(s) and Developer must cure the defect(s) within twenty (20) days of written
notice by County. Failure to cure any defects will result in the Developer, as principal, and the
escrowed cash or letter of credit being jointly and severally liable to pay for the repairs; and
WHEREAS, failure by Developer to construct the required roadway improvements
within the 12 -month period from the issuance of the right-of-way permit will cause Developer to
be in default under this agreement, and Developer and the underlying security shall be jointly
and severally liable to pay for the cost of construction and installment of the required roadway
improvements to the final total cost;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND PROMISES HEREIN CONTAINED, the parties agree as follows:
1. Developer agrees to construct on or before June 12, 2018, in a good and
workmanlike manner, those improvements described as follows:
See Exhibit "A" attached hereto
2. Developer agrees to construct said improvements strictly in accordance
with the conditions of project approval and requirements of any applicable County right-of-way
permit, all of which are hereby incorporated by reference and made a part hereof.
3. In order to guarantee performance of this contract, Developer shall
simultaneously herewith furnish security in a form to be approved by the County, in the amount
of $1,875,442.81, which amount is not less than one hundred fifteen percent (115%) of the
estimated total cost of roadway improvements to be constructed, as determined in accordance
with the County's right-of-way ordinance. It is understood that the full amount of the posted
security remain available to the County pursuant to Indian River County Code Section 312.11.
2
252
If cash is posted, a Cash Deposit and Escrow Agreement will be entered into between the
posting party and the County.
4. Up to $1,000,000.00, or the limits of any applicable underlying or excess
insurance coverage carried by Developer or to be obtained during the course of the
construction of the roadway improvements, Developer agrees to indemnify, hold harmless, and
defend the County against any and all claims, damages, losses, and expenses, including
attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the
negligent acts or omissions of the Developer, its officers, employees, agents, or contractors,
subcontractors, laborers, or suppliers, relating to the construction of the required roadway
improvements.
Satisfactory completion in accordance with the approved project and right-of-way
permit shall be determined by the County Public Works Director and shall be indicated by
specific written approval of the Public Works Director or his designated representative, after
receipt of a signed and sealed Certificate of Completion from the project engineer of record.
5. In the event the Developer shall fail or neglect to fulfill its obligations
under this contract and as required by the Indian River County Code, the Developer, as
principal, and the security shall be jointly and severally liable to pay for the cost of construction
and installment of the required roadway improvements to the final total cost, plus the warranty,
including but not limited to engineering, construction, legal and contingent costs, including
reasonable attorney's fees incurred by the County, together with any damages, either direct or
consequential, which the County may sustain as a result of the failure of Developer to carry out
and execute all provisions of this contract and applicable ordinances of the County. if this
contract is secured by a letter of credit, then in no event, shall the liability of the underwriting
bank under this paragraph exceed the total amount of the original obligation stated in the letter
of credit, less any approved reduction thereto.
6. The parties agree that the County at its option shall have the right, but
not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to
be constructed and installed the required roadway improvements in the event Developer shall
fail or refuse to do so in accordance with the terms of this contract. Developer expressly
agrees that the County may demand and draw upon the existing security for the final total cost
of the roadway improvements, including the warranty. Developer shall remain wholly liable for
any resulting deficiency, should the posted security be exhausted prior to completion of the
required roadway improvements. In no event shall the County be obligated to expend public
funds, or any funds other than those provided by or posted on behalf of the Developer to
construct the required roadway improvements.
7. At the completion of the roadway improvements, Developer agrees to execute
a Warranty and Guaranty Agreement and Bill of Sale to transfer all its right, title and interest to
the County in and to.all those roadway improvements constructed within the public right-of-way,
free and clear of encumbrances, together with the assignment of all existing warranties, and
Developer's agreement to warranty and guaranty the roadway improvements for a 1 -year period
and, on each occasion, and at Developer's expense, correct any defect due to faulty field
engineering, workmanship, or materials within 20 days of written notice by County.
253
8. Any security provided to the County by or on behalf of Developer with
respect to this contract shall exist solely for the use and benefit of the County and shall not be
construed or intended in any way, expressly or impliedly, to benefit or secure payment to any
subcontractor, laborer, materialman or other party providing labor, material, supplies, or
services for construction of the required roadway improvements, unless the County shall agree
otherwise in writing.
9. This agreement is the full and complete understanding of the parties and
shall not, be construed or amplified by reference to any other agreement, discussion, or
understanding, whether written or oral, except as specifically mentioned herein. This
agreement shall not be assigned without the express written approval of the County. Any
amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing,
executed by authorized representatives of both parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on
the day and year first above written.
SLV MILLSTONE, a Delaware
limited liabili n
By:
(a ed signatory)
printed name: 1`'lichael Maser
Authorized ignatory
INDIAN RIVER COU
Jason EJ Br n, County Administrator
( % COUNTY
Approved as to.Publi Works matters: Authority: Resolution No. 2009-008
By: W
Richard B. Yjzpyrka, P.E.
Public Works Director
'7
Approved s to form aTcHegp I sufficiency:
By.
(�Willia�m K. DeBraal/
Deputy County Attorney
254
FMAWHO.-B-11".1
May 17, 2017
V!lj,t
$ 10,000.00
$
10,000,00
$ 15,000.00
$
15,000.00
$ 2.32
$
5,062.24
$ 6.00
$
3,000.00
$ 50.00
$
650.00
$ 4,340.70
$
4,340.70
$ loo
$
8,460.00
$ 0.75
$
41,480-25
$ 3,00
$
44,610.00
$ 5.5o
s
25,3MOO
s 3.00
$
42,735.00
$ 1100
$
174,900.00
$ 310
$
9,168.00
$ 8.30
$
37,350�00
$ 819
$
116,953.20
$ 8.95
$
127,806.00
$ 334.22
$
33,422.00
$ 3,948.18
$
3,94818
$ 1 , 305�57
$
12,572.64
$ 5,486�55
$
5,486.65
$ 1,748.10
$
1,748.10
$ 2,484.26
$
7,452.78
$ 2,511.52
$
2,511.52
$ 6,611.75
$
33,058.75
$ 36.70
$
58720
$ 41.95
$
79TOS
$ 50.34
$
14,699.28
$ 52.43
$
9,437.40
$ 78.65
$
4,561 YO
$ 57,68
$
3,922.24
$ 274.00
$
213,172.00
$ 576.76
$
576.76
$ 524.33
$
1,048.66
$ 734.06
$
4,404.36
$ 12.13
$
26,443.40
$ 15.09
$
2,308.77
$ -1,405.00
$
5,620.00
$ 2.00
$
75,608.00
$ 46.57
$
126,437.55
$ 43,12
$
8,624.00
$ 285.70
$
571.40
s 2.05
$
11,193.00
$ 9TO3
$
1,843,57
S 323.44
$
2,910.96
s 1,02
$
1,621 �80
$ 1.021$
32232
S 1.021$
9,215.701
255
17TH STREET SW ROADWAY IMPROVEMENTS PROJECT
CONSTRUCTION COST ESTIMATE May 17, 2017
RQADWAY IMPROVEMENTS
Unit
Quaptity
Uriit.Piice.
Unit Price
Tota -m%p '
8" White Solid Thermo
LF
51
$
2.16
$
110.16
12" White Solid Thermo
LF
750
$
3.48
$
2,610.00
18" White Solid Thermo
LF
8
$
4.31
$
34.48
18" Yellow Solid Thermo
LF
682
$
6.82
$
4,651.24
24" White Solid Thermo
LF
180
$
5.52
$
993.60
Amber/Amber RPM
EA
381
$
4.04
$
1,539.24
White/Red RPM
EA
67
$
4.04
$
270.68
White/Clear RPM
EA
11
$
4.04
$
44.44
12" PVC Force Main
LF
6
$
150.94
$
905.64
12"45 Restrained
EA
2
$
905.62
$
1,811.24
12" Plug Restrained
EA
1
$
905.62
$
905.62
12" Gate Valve
EA
1
$
3,056.47
$
3,056.47
Relocate Fire Hydrant
LS
1
$
2,433.00
$
2,433.00
2" Conduit (Fiber Optic F&I Open Trench)
LF
1,095
$
5.82
$
61372.90
2" Conduit (Fiber Optic F Open Trench)
LF
1,095
$
1.94
$
2,124.30
Pull & Splice Box (Fiber Optic 24"x36')
EA
2
$
1,500.00
$
3,000.00
1,409.00
Prestressed Conc. Pole (F&I Type P -VI)
EA
4
$ 11,128.00
$
44,512.00
ROADWAY SUBTOTAL
EA
2
$
1
$
1,323,806.04
SIGNALIZATION
Unit
Quantity
Unit Price
Total Price
Mobilization
LS
1
$
8,500.00
$
8,500.00
Maintenance of Traffic
LS
1
$
6,574.00
$
6,574.00
Conduit (Signal F&I Open Trench)
LF
321
$
5.40
$
2,880.90
Conduit (Signal F Open Trench)
LF
263
$
1.55
$
2,880.90
Conduit (Signal F&I Directional Bore)
LF
820
$
17.80
$
14,596.00
Conduit (Signal.F&I Above Ground)
LF
30
$
30.40
$
912.00
Cable (Signal F&I)
EA
1
$
6,069.00
$
6,069.00
Cable (Signal Remove -Intersection)
EA
1
$
2,616.00
$
2,616.00
Span Wire Assembly (F&I 2 Paints)
EA
1
$
4,476.00
$
4,476.00
Pull Box (F&I Traffic Signal)
EA
18
$
800.00
$
14,400.00
Electrical Power Service (F&I Underground)
AS
1
$
334.00
$
334.00
Electrical Power Service (Remove Overhead)
AS
1
$
950.00
$
950.00
Electrical Service Wire (F&I)
LF
30
$
2.20
$
66.00
Electrical Service Disconnect (F&I Pole Mount)
EA
1
$
593.00
$
593.00
Electrical Service Disconnect (Remove)
EA
1
$
75.00
$
75.00
Prestressed Cone. Pole (F&I Type P -II)
EA
1
$
1,409.00
$
1,409.00
Prestressed Conc. Pole (F&I Type P -VI)
EA
4
$ 11,128.00
$
44,512.00
Prestressed Conc. Pole (Remove)
EA
2
$
3,002.00
$
6,004.00
Aluminum Signals Pole
EA
8
$
1,039.00
$
8,312.00
Traffic Signal (F&I 3 -Section i -Way Standard)
AS
4
$
1,075.00
$
4,300.00
Traffic Signal (F&I 5 -Section Cluster i -Way)
AS
4
$
1,606.00
$
6,424.00
Pedestrian Signal (F&I Incandescent i -Way)
AS
8
$
622,00
$
4,976.00
Vehicle Detection System ('Udeo Cabinet)
EA
1
$
7,029.00
$
7,029.00
Vehicle Detection System (Video Above Ground)
EA
4
$
5,570.00
$
22,280.00
Signal Priority & Preemption (F&t Optical)
EA
1
$
5,935.00
$
5,935.00
Pedestrian Detector (F&I Standard)
EA
8
$
145.00
$
1,160.00
Traffic Controller Assembly (F&1 Nema One Plan)
AS
1
$ 24,330.00
$
24,330.00
In
Page 2 of 3 256
17TH STREET SW ROADWAY IMPROVEMENTS PROJECT
CONSTRUCTION COST ESTIMATE May 17, 2017
ROADWAY. 6041S_
Unit
Quantity
Unit Price
yr t pricp
Survey Stake -out
10-alygqp; t
Traffic Controller Assembly (Remove)
EA
1
$
673.00
$
673.00
ITS CCTV Camera (F&I Dome Enclosure Pressurized)
EA
1
$
9,623.00
$
9,623.00
Managed Ethernet Hub Switch
EA
1
S
4,830.00
$
4,830.00
Uninterruptible Power Supply (F&I Line Interactive)
EA
1
S
5,437.00
$
5,437.00
Backup Power Supply (F&I)
EA
1
$
5,000.00
$
5,000.00
Signal Panel (F&I Overhead Mount)
EA
6
$
1,101.00
$
6,606.00
Light Conductors (F&I Insulated)
LF
1,935
$
0.80
$
1,548.00
Luminaire and Bracket Arm (F&I Aluminum)
EA
$
1,332.00
$
5,328.00
—4
iSIGNALIZATION SUBTOTAL
$
241,638.80 1
MISCELLANEOUS
Unit
Quantity
Unit Price
Total Price
Survey Stake -out
LS
1
$ 18,000.00
$ 18,000.00
Survey As -Built
LS
1
$ 9,750.00
$ 9,750.00
Survey - Set PCP and PRM
LS
1
$ 5,625.00
$ 5,625.00
,Engineer Inspections/Certs
LS
1
$ 32,000.00 ,
$ 32,000.00
IMISCELLANEOUS SUBTOTAL I I 1 1 $ 65,�00
ITotal Estimated Construction Cost $ 1,630,819.84
ITotal Estimated Construction Cost x 16% 1 $ 2-4-4-76-2-2.--]
5�
(Construction Cost Esflniale�_Rev_17-0517.)ds)
11
Page 3 of 3 257
From:
phil vitello
To:
Tim Zorc
Subject:
Millstone
Date:
Wednesday, February 14, 2018 9:47:48 AM
Dear Tim
As you know, I represent Mr. and Mrs. Filmalter, the purchases of Lot 60from GHO
Millstone Landing Corp.
This is their situation
Our current situation if we do not close on February 23rd
1. We will lose our rental home, as the lease is up at end of the month (Feb 28,
2018) and we need to vacate for the incoming renters. We have no place to live
after February 28th.
2. We also need to move our possessions somewhere... where would that be for
such short term not to mention the costs and time involved to move it twice and
costs for storage.
3. Currently we are locked in for our interest rate and at a rate we can currently
afford .... HOWEVER if we do not close we will lose our rate lock (expires on
1 st) and that is not a situation we can afford because rates have increased and we are looking at
an approximate .5% higher interest rate over 30 yrs OR we would have to pay a penalty
of $86.18 per day after March 1st to keep our interest rate we currently have and let me add ...
higher closing costs.
4. Cost of living somewhere for the time being... which would be a hotel. So living
in a hotel for who knows how long and relying on possibly restaurant food for
most nights also.
5. We have a 6yr old daughter, Tanya Filmalter, .
6. We purchased our washer and dryer this past weekend with already scheduled
delivery dates ... on Feb 24th
7. Lastly, we have been involved with our new home building process on a weekly
basis and our home will be fit for occupancy, isn't that what the CO is all about?
Our final inspection and walk through is on Feb 16th.
Any help would be appreciated.
Regards
Phil
Philip E. Vitello, Esq.
Corporate Air Inc.
3200 Airport West Drive
Vero Beach, FL 32960
772 532 9684
fax 772 563 9500
From: Glen Bloomer
To: Susan Adams; BobSolari; Joseph E. Flescher; Peter D. 0"Bryan; Tim Zor
Subject: Millstone Landing delay of certificates of Occupancy
Date: Monday, February 12, 2018 11:35:13 AM
Dear Members of the Indian River County Commission,
We are writing this letter to inform you of the impact of holding the certificate of occupancy
for our home in Millstone Landing. We understand the need to encourage the developer to
complete his obligation of the access road to the community; however the current remedy of
holding up the issuance of C.O.O.s punishes parties that have no influence upon the
developer.
When the builders cannot close on the completed properties, it delays their ability to pay their
subcontractors and suppliers affecting the local economy, and affects their ability to secure
needed credit for future projects.
For the homeowners involved the effects are far more reaching. For those who have financed
with locked in rates, this can cause them to have to pay more over the term of their mortgage.
This action also causes additional problems such as:
• Closing on the home they are selling, which can have a domino effect with their buyers who have
time sensitive home transactions, and financing.
• Affecting their move in date
• Coordinating with their mover
• Securing property insurance
• Arrangements for utilities such as water and electric
In our case the impact has affected our closing date which is now unknown, causing us to
contact the movers, insurance agents, and needed utilities to be delayed. In addition we have
received on offer on our current home that can be affected due to the delay of the issuance of
the Certificate of Occupancy. A delayed closing will also cause us the financial damages of
interim storage and housing.
While we applaud your efforts to get the road finished, we respectfully request that you find
an alternative method to encourage the developer to complete his obligation, that does not
punish innocent parties.
Thank you,
Kathleen and Glen Bloomer
1762 Belmont Circle SW
259