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Home My WebLink About03/06/2018rORW BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MARCH 6, 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.B. INVOCATION Reverend Tristan Hohler, GraceSpring Church 3. PLEDGE OF ALLEGIANCE Jason E. Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Month of March as March for Meals Month 5.11. Presentation by School District of Indian River County on the Expansion and Relocation Plans for the Vocational and Technical Program for IRC Adults and Students 6. APPROVAL OF MINUTES 6.A. Regular Minutes of January 23, 2018 6.13. Regular Meeting of February 6, 2018 6.C. Special Call Meeting of January 30, 2018 March 6, 2018 Page 1 of 6 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Kenneth Bleakley on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services / Fire Rescue with Thirty Years of Service 7.B. Notice of Upcoming FEMA Open House for Public Review of Proposed Revisions to Certain Flood Insurance Rate Maps in Indian River County 7.C. Florida Public Service Commission Order No. PSC -2018 -0085 -PAA -EQ In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company is on file for review in the office of the Clerk to the Board. 7.1). Florida Public Service Commission Consummating Order No. PSC -2018 -0099 -CO -EI In re: Petition for determination under Rule 25-6.115, F.A.C., and approval of associated revised tariff sheet 6.300, by Florida Power & Light Company is on file for review in the office of the Clerk to the Board. 7.E. Florida Public Service Commission Order No. PSC-2018-0100-FOF-EI In re: Environmental cost recovery clause is on file for review in the office of the Clerk to the Board. 7.F. Florida Public Service Commission Order No. PSC -2018 -0103 -PCO -EI In re: Application for limited proceeding for recovery of incremental storm restoration costs related to Hurricanes Irma and Nate, by Duke Energy Florida, LLC is on file for review in the office of the Clerk to the Board. 7.G. Florida Public Service Commission Order No. PSC -2018 -0105 -PCO -EI In re: Fuel and purchased power cost recovery clause with generating performance incentive factor is on file for review in the office of the Clerk to the Board. 7.11. Indian River County Venue Event Calendar Review 7.I. All Aboard Florida/Vero Electric Expenses 8. CONSENT AGENDA 8.A. Checks and Electronic Payments February 9, 2018 to February 15, 2018 8.B. Checks and Electronic Payments February 16, 2018 to February 22, 2018 8.C. Participating Addendum to National Association of State Purchasing Officials (NASPO) Contract OK -SW -300 for Automated External Defibrillators (AEDs) and Accessories 8.1). Award of Bid 2018020 - NCAC Water Slide Step Repair March 6, 2018 Page 2 of 6 8.E. Recommended Selection of Consultant for RFQ 2018029 - Engineering and Biological Support Services for Sector 5 (City of Vero Beach) Beach and Dune Renourishment Project 8.F. Miscellaneous Budget Amendment 008 8.G. Request for Extending Housing Inspection Services Agreements with Current Inspection Services Providers 8.H. Second Amendment to Lease Agreement with Gifford Youth Achievement Center, Inc. 8.I. Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety 8.J. FDOT SCOP Agreement FM No. 433068-1-54-01- Exhibit B Revision CR512 Resurfacing & Shoulder Widening (Myrtle Street to 125th Avenue) Project No. IRC -1305, FM No. 433068-1-54-01 8.1C Indian River County Shooting Range Skeet and Trap Facility Improvements Final Payment, Release of Retainage and Change Order No. 1 8.L. Release of Retainage and Change Order No. 1 GoLine Bus Turn -Off Project IRC -1715 8.M. Indian River Boulevard Sidewalk from 37th Street to 53rd Street (IRC -1415) Award of Bid No. 2018026 and - FDOT Local Agency Program (LAP) Supplemental Agreement No. 1 and Resolution Authorizing the Chairman's Signature for FM No. 436860-1-58-01 8.N. 22nd Street SE Sewer Lateral Replacement: Approval of Blue Goose Construction Work Authorization No. 2018-002 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Prima Vista II Corporation's Request for Abandonment of a Portion of 129th Avenue (now being 93rd Avenue) and a Portion of 130th Avenue (now being 93rd Court) within the Paradise Park Unit No. 3 Subdivision [ROWA-17-02-01 / 2002010153-78160] (Legislative) 10.A.2. The Moorings Club, Inc.'s Request for Abandonment of a Portion of 57th Street (a.k.a. Storm Grove Road) [ROWA-16-08-01 / 92020089-76980] (Legislative) B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Chris Strange Regarding Reduction of Lien for Demolition of Condemned Structure March 6, 2018 Page 3 of 6 10.B.2. Request to Speak from John O'Connor, President IAFF L2201, Regarding Gender disparity study / Pregnancy policy for IRC employees C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Scheduled Public Hearing for March 20, 2018: Eugene J. Kane, Jr.'s request to rezone f 2.009 Acres from RS -1 to RS -3 & f 4.827 Acres from RS -1 to CON -2 (RZON-2017080084-80032). Subject property is located north and adjacent to Round Island Riverside Park and west of South Highway AIA. [Quasi -Judicial] 10.C.2. Notice of Scheduled Public Hearing for March 13, 2018: Consideration of Land Development Regulation (LDR) Amendments to Chapters 910, 913, 914, 952, and 971 Regarding Traffic Study Requirements, Subdivision and Site Plan Review Processes, and Staff Level Approval Authority for Certain Uses (Legislative) 10.C.3. Notice of Scheduled Public Hearing for March 20, 2018: County Initiated Request to amend the text of the Sanitary Sewer Sub -Element for septic to sewer conversion and the associated text of the Future Land Use Element [Legislative]; and amend the text of the Coastal Management Element for sea level rise and associated text of the Future Land Use Element of the County's Comprehensive Plan. [Legislative] 10.C.4. Notice of Scheduled Public Hearing for April 3, 2018: Schwerin and Other's Request to Rezone t 9.94 Acres from MED to CG & County's Request to Rezone f 0.20 Acres from, MED to CG. Subject properties are located at the southeast corner of U.S. Highway I and 41st Street. [Quasi -Judicial] 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 12.C.1. Jones' Pier Conservation Area Public Use Improvements - Project Update and Status of FEMA Project Worksheet #796 12.C.2. Notice of Application for FDEP Land and Water Conservation Fund Grant for Public Access Improvements to the Hallstrom Farmstead Conservation Area 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget March 6, 2018 Page 4 of 6 F. Public Works 12.F.1. Approval of Ranking of Proposals and Award of RFP 2018018 - Custodial Services for County Buildings 12.F.2. Millstone Landing - 17th Street SW Construction Progress Update G. Utilities Services 12.G.1. Sole Source Vendor Name Change from Municipal Water Works to Empire Pipe and Supply, Inc. 13. COUNTY ATTORNEY MATTERS 13.A. Opioid Litigation 13.11. City of Sebastian Fire Marshal Ordinance 13.C. Reasonable Accommodation Ordinance 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Bob Solari, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 14.E.1. Support for the School District of Indian River County Grant Proposals 14.E.2. Access to The Florida Channel 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.11.1. Approval of Minutes Meeting of January 16, 2018 15.B.2 Approval of Minutes Meeting of February 6, 2018 15.13.3. MWI Corporation's Offer to Purchase Property 15.11.4. Request Approval to Participate in the FDEP Waste Tire Amnesty Day Program C. Environmental Control Board 16. ADJOURNMENT March 6, 2018 Page 5 of 6 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission 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. March 6, 2018 Page 6 of 6 PROCLAMATION 5-A DESIGNATING THE MONTH OF MARCH, 2018, AS March for Meals Month WHEREAS, on March 22, 1972, President Richard Nixon signed into law a measure that amended the Older Americans Act of 1965 and established a national nutrition program for seniors 60 years of age and older; and WHEREAS, Meals on Wheels America established the National March for Meals Campaign in March 2002 to recognize the historic month, the importance of Older Americans Act Nutrition Programs, both congregate and home -delivered, and raise awareness about the escalating problem of senior hunger in America; and WHEREAS, the 2018 observance of the March for Meals campaign provides an opportunity to support Meals on Wheels programs that deliver vital and critical services by donating, volunteering, and raising awareness about senior hunger and isolation; and WHEREAS, Older Americans Act Nutrition Programs, both congregate and home -delivered, in Florida have served our communities admirably for more than 40 years; and WHEREAS, volunteer drivers for Meals on Wheels programs in Florida are the backbone of the program, not only delivering nutritious meals to homebound seniors and individuals with disabilities, but with care, concern, and attention to their welfare; and WHEREAS, Meals on Wheels programs in Florida provide nutritious meals to seniors throughout the State helping them maintain their health and independence, avoiding unnecessary hospitalizations and/or premature institutionalization; and WHEREAS, Meals on Wheels programs in Florida provide a powerful socialization opportunity for millions of seniors to help combat loneliness and isolation. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of March, 2018, be designated as March for Meals Month in Indian River County, and the Board encourages all citizens to take time this month to honor our Meals on Wheels programs, by the Senior Resource Association, the seniors they serve and the volunteers who care for them. Our recognition of, and involvement in, the national 2018 March for Meals campaign can enrich our entire community and help combat senior hunger and isolation in America. Adopted this 6th day of March, 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 1 THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY TECHNICAL CENTER FOR CAREER AND ADULT EDUCATION RELOCATION AND EXPANSION 3/6/2018 5.a. 1-N 3162018 WHAT ISATECHNICAL CENTER? • What is aTechnical Center/College • ATechnical Center or College is a public post -secondary institution that provides workforce education training designed to prepare students for licensure, industry certification and work. • Our Mission: • The premier provider of high quality, affordable career and technical training meeting the changing needs of Florida's workforce. 3162018 TECHNICAL CENTER OPERATING PRINCIPLES • We Achieve our Mission by: • Serving our communities as Technical Centers/Colleges. • Preparing students for industry certifications and licensures to ensure success in high wage/high skill careers. • Awarding Career Certificates and articulated College Credit. • Remaining market driven. • Responding quickly to business and industry needs. • Focusing on results —job Placement and Industry Credentials. • Providing solutions for improving and growing a skilled Florida Workforce. 3/6/2018 2A, PHASE I • Relocation of Main Campus F • New Location 4680 28th Court,Vero Beach, FL 32967 • 'New Building 3/612018 3/6/2018 3�� PHASE I • Facility • New Location • 4680 28th CoumVero Beach, FL 32967 • New Building PHASE I 3/62018 3/62018 • Facility -------- ----------- 4 •---------- ------ • New Location _ vrcc+w. �a:a» osra • 4680 28th Court,Vero Beach, FL 32967 • New Building 3/6/2018 4%) PHASE I Facility SRII Location W.W! 4680 28th CoumVero Beach, FL 32967 - NewBuilding 'oak NUN 18 3/6/2018 � 1 3/6/2018 6p 3/6/2018 ��l 3/5/2018 5:a. THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY TECHNICAL CENTER FOR CAREER AND ADULT EDUCATION R6ACKTIONMD WAN90N PURPOSE OFTODAY'S PRESENTATION .Shane Information • Enlist Support WHAT IS A TECHN ICAL CENTER? What is aTechn(cal Center/College • ATechnical Center or College is a public posasecondary, institution chat proddm wor(dorce education training designed to prepare students for licensure, industry certification and work • Our Mssion: • The prender prodder of high quality affordable career and technical training westing the changing reads of Horida's worldorce 3/5/2018 TECHNICAL CENTER OPERATING PRINCIPLES • W Achieve arc Md. by: • S—kQ our <omm.M. a.Te hnkal CemerdColeg- • Pmparkig cwdens for Mmuy cesgkadom and kenvm toersum succor In hqh •ngefhith Ad careers • Awfdzg Qn—Cerdfi" c and askubmd Clete Crack • R..Aft market ddven. • Rcq nd'nt qukkly m bushes and W wy ...& • Faucht on rawbs —Job Phcemenc and RMusuy Cnadondak • Pr ho, solr6vu f-lrnpm t and girl a drAcd Halla VVskfpcw PHASE • Rebcadon d Man Ginprs • New L—dcn 4680 2gdr Cadre, Nero i • NewWing • ±J,-: PHASE • Program • Pmaal Nvrahg Nnrdngiani (DdEnrdavmt) • MeikdA.kwg • MaikdCvevBis Phkbvmrq(Dud Ea ft -4 • PhsrmayWdrntin • New Program • VvdiartTanvab6fDvdEvvavmaj • EvMntCeams¢bdtMvabr(Dad6a *-o PFIASE I 3/5/2018 g+ 3 3/5/2018 PHASE Funding Sources • Work Force Education Dollars - $1.6 m1lion • Millage Funds -$860,000 PHASE 2 POTENTIAL PROGRAMS • SurgkalTadmdgr • Nark Supp-Sankw • Earp ChW.W Ed—ion • Culmry Arts • Ehdtrkal P—lira lnmkr and Pep* EL—khn PWnbig FNAC PHASE2 • Financing Millage Funds • Florida Department of Economic Opportunity Grant 3/5/2018 U_5 �,o�,cw.ttea �QSummary of Expansion of TCCAE The School District of Indian River County's Career and Technical Education (CTE) Steering Committee was formed in July, 2016. This committee is composed of community members that have a stake in developing the local and regional workforce. During the first year, the committee addressed three concerns, that the education system could address, that were identified as a hindrance to job growth in Indian River County. Those concerns were: 1. Lack of a qualified entry level work force 2. Lack of local training in Indian River County 3. Lack of business and community involvement with Career and Technical Education The CTE Steering Committee became familiar with the existing comprehensive high school model used to deliver career and technical education to high school students. In addition, they learned of the post -secondary options available in Indian River County at the Technical Center for Career and Adult Education (TCCAE). The scope of the programs is medical such as nursing, phlebotomy, and medical assisting, certified nursing assistant. Programs are housed at two locations due to the current Technical Center main campus having a small footprint. The insufficient campus size has restricted the opportunity for expanding TCCAE to provide additional options for developing the local work force. For an Indian River County resident to pursue post -secondary workforce training beyond a high school diploma, the person has had to travel to St. Lucie or Brevard County to attend a state college. After learning about the programs that were available in the School District of Indian River County, the CTE Steering Committee recommended that TCCAE expand to provide needed Post -Secondary Adult Vocational (PSAV) training to both high school students and adults in Indian River County. By relocating and expanding the Technical Center, it would provide a central location for high school students and adults to pursue post -secondary workforce training and provide a pool of potential employees to meet the changing needs of employers in Indian River County. The expanded facility and addition of programs will help to develop a qualified entry level work force that would be local to Indian River County. Indian River County historically was an agriculture community that has been devastated with Citrus Greening. A once thriving agriculture community has seen the number of jobs in the citrus industry decline. The Indian River County Chamber of Commerce, Economic Development Department and the County Commissioners are working to attract new companies to Indian River County. An expanded Technical Center for Career and Adult Education is a valuable tool for preparing the local work force with the skills that potential new companies are seeking. The School District of Indian River County has made the commitment to this goal by funding the first phase of the consolidation and expansion of the TCCAE. The TCCAE is being relocated to an under-utilized campus that is in a high unemployment area of Indian River County. The new location is 4680 28th Court, Vero Beach, FL 32967. This location is centrally located in the county which makes it accessible for residents in the county. Location is also close to U.S. 1 providing ease of access to potential students in the region from south Brevard to north St. Lucie County. In addition to the relocation, the School District is constructing a new building to house a Welding Technology and a Building Construction Technology Program. The current classrooms are also undergoing minor renovations to house the medical and other programs currently being offered at the Technical Center. These programs will be opened to adults and dual enrolled high school seniors. Phase 1 is being paid for by TCCAE which has accrued a fund balance through Workforce education dollars ($1.6 million) and millage funds ($850,000) that the constituents of Indian River County approved in 2016. Phase 2 of the project involves adding another building to house additional career clusters such as Manufacturing, Architectural and Construction Clusters, Energy Cluster, Health Science Cluster, Education Clusters, Hospitality and Tourism Cluster, and Information Technology Cluster. The selection of programs of study and selection of clusters was based upon the 2017 — 2018 Regional Demand Occupation List, advisement from Career Source Research Coast and community members. All programs selected will allow students to earn Industry Certifications that are recognized by local, regional, state, and national employers. The return on investment to Indian River County will translate into new career and technical education opportunities for both high school students and adults, increased wages for an under employed population, and companies finding a location that can provide a skilled, prequalified workforce. According to Career Source Research Coast 2016-2017 annual report, the return on investment for workforce training is for every $1.00 invested, there is $15.03 earned in income. Career in g Year_- www.careerinayearFL.com o��e Florida's Public Technical College/Center System Provides the Technical Skills that Work for Florida 20') 'Who We Are: Florida's Technical Colleges/ Centers: • 49 public institutions — 40 Technical Colleges and 9 Technical Centers— ■ 48 with Council on Occupational Education (COE) accreditation and approved by the USDOE. ■ A powerful network of training resources that are a "solution provider" in improving and growing Florida's Workforce. ■ Provide a return on investment that minimizes student cost and time and maximizes the use of public education dollars. ■ Focus on students and employers leading to JOBS and economic growth in Florida. Our Vision: ■ To ensure that Florida has the skilled workforce to be globally competitive. Our Mission: ■ The premier provider of high quality, affordable career and technical training meeting the changing needs of Florida's workforce. We achieve our Mission by: • Serving our communities as Technical Colleges/ Centers. ■ Preparing students for industry certifications and licensures to ensure success in high wage/high skill careers. • Awarding Career Certificates and articulated College Credit. • Remaining market driven. • Responding quickly to business and industry needs. • Focusing on results - Job Placement and Industry Credentials. ■ Providing solutions for improving and growing a skilled Florida Workforce. Our -Impact in 2016 - 2017 Students Served 232 104: Instructional hours 63,788,209 Technical and AGE programs offered (1) 207 -:- Industry Credentials Awarded 11,285 Average Statewide Completion Rate (2) 85%_ Average Statewide Placement Rate (2) 88% Average Statewide Licensure Rate (2) 93% (1) AGE (Adult General Education) (2) COENS DOE's accreditation standards are: 60% Completion Rate; 70% Placement Rate; 70% Licensure Rate Technical Colleges/ Centers are Building a Stronger Support our efforts in achieving these goals for Florida Economy all Floridians 40 Technical Colleges/9 Technical Centers with COE Accreditation 1• Santa Tom P. Haney Technical Center Bradford Holmes Jackson Broward i Rosa okeeehi Walton Highlands Sheridan Technical College Charlotte Okaloosa Citrus Washington Gads encHamilton Id Orange Immokalee Technical College Calhoun �° Madison y' Flagler Technical Center Gadsden Gadsden County Technical Institute Leon Suncoast Technical Education Center Hillsborough Aparicio-Levy Technical College Bay Liberty 0m Pinellas Brewster Technical College Learey Technical College Suwannee Technical Center for Career & Adult Education Lake Lake Technical College Lee Wakulla Taylor Sarasota Cape Coral Technical College Leon Gulf Manatee Manatee Technical College Marion Marion Technical College Miami -Dade Franklin Lafayette District Technical College/Center Bay Tom P. Haney Technical Center Bradford North Florida Technical College Broward Atlantic Technical College okeeehi McFatter Technical College Highlands Sheridan Technical College Charlotte Charlotte Technical College Citrus Withlacoochee Technical College Collier Lorenzo Walker Technical College Orange Immokalee Technical College Escambia George Stone Technical Center Flagler Flagler Technical Center Gadsden Gadsden County Technical Institute Hernando Suncoast Technical Education Center Hillsborough Aparicio-Levy Technical College Pasco Erwin Technical College Pinellas Brewster Technical College Learey Technical College Indian River Technical Center for Career & Adult Education Lake Lake Technical College Lee Fort Myers Technical College Sarasota Cape Coral Technical College Leon Lively Technical Center Manatee Manatee Technical College Marion Marion Technical College Miami -Dade D.A. Dorsey Technical College George T. Baker Aviation Technical College District Technical College/Center Nassau Duval I Baker -- a Clay St. Dixie L_ 7*,' Alachua 1 Putnam Levy Miami -Dade Lindsey Hopkins Technical College Citrus Polk Miami Lakes Educational Center Hardee and Technical College okeeehi Robert Morgan Educational Center Herr Highlands and Technical College South Dade Technical College Pasco The English Center Hill Okaloosa Okaloosa Technical College Orange Orange Technical College- i I Mid Florida Campus Orange Technical College- Orlando Campus M< Orange Technical College- Westside Campus Orange Technical College- Winter Park Campus Osceola Osceola Technical College Pasco Fred K. Marchman Technical College Pinellas Pinellas Technical College- Clearwater Pinellas Technical College- St. Petersburg Polk Traviss Technical College Ridge Technical College Santa Rosa Locklin Technical Center Sarasota Suncoast Technical College St. Johns First Coast Technical College Suwannee RiverOak Technical College Taylor Big Bend Technical College Walton Emerald Coast Technical College Washington Florida Panhandle Technical College Qt 'yam FLORIDA DEPAR�T°ME(N�T{�O�F Legend: *College EDUCAl I'�..J'1�1 Center fidoe.org Marlon Sarasota Volusia Lake 3 Glades Hendry" Collier C�GGDlr�O Monroe 1 N C g•l x t ATto� St. Lucie• Martin, Palm. Beach! revised: 1130118 Osceola Polk Hardee okeeehi Highlands DeSoto 3 Glades Hendry" Collier C�GGDlr�O Monroe 1 N C g•l x t ATto� St. Lucie• Martin, Palm. Beach! revised: 1130118 ublished: 02-07-2018 Pensacola State College has received $1.86 million for workforce training programs from an $85 million Florida Job Growth Grant Fund. The college was among nine entities awarded $35 million of the total funding, Gov. Rick Scott announced on Tuesday, Feb. 6, in Jacksonville. The funds will be used to increase the number of students earning industry - recognized credentials and degrees required to enter and advance in the workforce for targeted industries such as advanced manufacturing, aviation maintenance, welding, cybersecurity/information technology, nursing, transportation and construction trades. "Pensacola State College thanks Gov. Scott for his leadership with the Florida Job Growth Grant Fund, which will help create new opportunities for our students to receive the workforce training they need for their future careers," Pensacola State President Ed Meadows said. "We will continue to do all we can to make sure our students have the resources and preparation they need to succeed." The Florida Job Growth Grant Fund was established by Scott and the state Legislature in 2017 to encourage continued economic growth statewide. "Last year, I worked with the Florida Legislature to establish the Florida Job Growth Grant Fund to help continue our state's incredible economic growth by addressing specific infrastructure and workforce needs in our communities," Scott said in a prepared statement. "... We have worked to ensure that every awarded project will strengthen Florida's business climate and bring the best return on investment for Florida taxpayers." More than 225 grant proposals, requesting more than $821 million in funding, were submitted and reviewed by the Florida Department of Economic Opportunity, Enterprise Florida and chosen by Scott based on their strong return on investment to the state and to meet the demand for a robust workforce or infrastructure needs. The Greater Pensacola Career Pathways initiative with Pensacola State College as lead, will be implemented in partnership with George Stone Technical Center and the Escambia County School District, CareerSource ESCAROSA and FloridaWest Economic Development Alliance. Malcolm Thomas, superintendent of Escambia County School District, said Escambia County Schools, including George Stone Technical Center, are thrilled to be included in the Greater Pensacola Career Pathways initiative. "Anyone who has explored the variety of career and technical education academies the Escambia School District offers to middle school and high school students would know, we are dedicated to preparing students for life after graduation whether that requires college, taking additional career classes at George Stone, or (having earned professional certifications that allow entry directly into the Focal workforce," the superintendent said. "Working together with all of our partners in this initiative helps ensure educational programs offered today will match the employment needs of our community tomorrow.„ Gulf Power Co., GBSI, VT Mobile Aerospace Engineering, Skanska, Baptist Hospital, AppRiver, Techsoft, Home Builders Association of West Florida, Northwest Florida Manufacturers Council and IT Gulf Coast and Innovation Coast, also collaborated on the proposal. "FloridaWest thanks the Governor and the FLDEO for this grant which will enable area students to take advantage of great career opportunities in high wage growth areas and diversify our workforce for future projects," said Scott Luth, CEO of FloridaWest. The governor made the announcement in Jacksonville which was awarded $6 million for the construction of a new 1.5 -mile access roadway to the city -owned Cecil Commerce Center Mega Site to provide access for the manufacturing industry. The other entities awarded funding include: • Liberty County Board of County Commissioners: $1.44 million • Suwannee County Board of County Commissioners: $3.12 million • Canaveral Port Authority: $8.24 million. • Columbia County: $3.13 million • City of Alachua: $6.75 million • City of Port St. Lucie: $3 million • Washington County Board of County Commissioners: $1.82 million The governor's recommended 2018-19 budget includes an additional $85 million in continuation funding for the Florida Job Growth Grant Fund. "Florida is competing in a global economy, and we must do everything we can to ensure our state remains the top destination for families and job creators to succeed," Scott said in the release. "We will continue to work with the Legislature to invest $85 million in the Florida Job Growth Grant Fund, and I look forward to seeing the successful completion of these projects." Gov. Rick Scott announced the recipients of $3.5 million in Florida Job Growth Grant Funds on Tuesday in Jacksonville. Pensacola State College received $1.86 million for workforce training programs from the $85 million grant fund. The college was among nine entities awarded _$35 -million of the total funding. e- 1•2 Gov. Scott Announces $35 Million Investments from the Florida Job Growth Grant Fund Across the State On , _pry'6, 2018, iri;News Releases:. bg Staff JACKSONVILLE, Fla. — Today, Governor Rick Scott announced $35 million in awards for nine Florida Job Growth Grant Fund projects across the state. This includes $6 million for the City of Jacksonville to construct a new 1.5 -mile access -roadway to the city -owned Cecil Commerce Center Mega Site in support of the area's growing manufacturing industry. All of the awarded economic development projects will help enhance community infrastructure or develop workforce training programs and have demonstrated a strong return on investment. The Florida Job Growth Grant Fund was established by Governor Scott and the Florida Legislature last year to encourage continued economic growth across Florida communities. The Governor's recommended 2018-2019 budget includes $85 million in continuation funding for the Florida Job Growth Grant Fund. Governor Scott said, "Last year, I worked with the Florida Legislature to establish the Florida Job Growth Grant Fund to help continue our state's incredible economic growth by addressing specific infrastructure and workforce needs in our communities. Today, I am proud to announce $35 million in awards for nine Florida Job Growth Grant Fund projects. We have worked to ensure that every awarded project will strengthen Florida's business climate and bring the best return on investment for Florida taxpayers. Florida is competing in a global economy, and we must do everything we can to ensure our state remains the top destination for families and job creators to succeed. We will continue to work with the legislature to invest $85 million in the Florida Job Growth Grant Fund, and I look forward to seeing the successful completion of these projects." The nine awarded projects include: ■ Liberty County Board of County Commissioners ($1,448,831) for the construction of a turning lane on Highway 65 South at the intersection of U.S. Forest Service Road 103, and paving 1.5 miles of the service road to create access to more than 5oo acres of property for economic development. • Suwannee County Board of County Commissioners ($3,125,000) to provide water supply and fire protection to the Interstate 75 and County Road 136 interchange. ■ City of Jacksonville ($6,000,000) for the construction of a new 1.5 -mile access roadway to the city -owned Cecil Commerce Center Mega Site to provide access for the manufacturing industry. • Canaveral Port Authority ($8,245,000) to improve roadway access to cruise and cargo terminals by increasing roadway capacity for Northside Cargo roads, new intersection signals for public safety and cargo traffic control, and revisions to North Side Cruise Roadway Network to facilitate cruise operations. ■ Columbia County ($3,135,600) for the construction of the North Florida Mega Industrial Park Rail Project, which will run parallel to Highway 9o, allowing developers access to an industrial park of more than 2,600 acres. ■ City of Alachua ($6,755,000) for construction of San Felasco Parkway and nearby utilities, connecting a large bioscience cluster — including the University of Florida Sid Martin Biotechnology Institute — to a shovel -ready site of 28o acres. ■ City of Port St. Lucie ($3,003,247) for the development of a roadway improvement project, which will provide access to loo acres of undeveloped land in Tradition Commerce Park, an area which has the space to accommodate approximately 1.1 million square feet of commercial development. ■ Pensacola State College ($1,86o,510) for workforce training programs that will increase the number of students earning industry -recognized credentials and degrees required to enter and advance in the workforce for targeted industries, including advanced manufacturing, aviation maintenance, welding, cybersecurity/information technology, nursing, transportation and construction trades. • Washington County Board of County Commissioners ($1,821,461) to build water and sewer infrastructure that will replace the need for future wells and septic systems as a part of the development of a 1,525 -acre commercial/industrial/mixed use development district. These proposals were reviewed by the Florida Department of Economic Opportunity (DEO), Enterprise Florida (EFI) and chosen by Governor Scott based on their strong return on investment to the state and to 8-13 meet the demand for a robust workforce or infrastructure needs. Return on investment was calculated to determine the best projects for the state and economic development in the regions. Cissy Proctor, Executive Director of DEO, said, "We have worked diligently to evaluate more than 225 Florida Job Growth Grant Fund proposals requesting more than $821 million in funding. Each selected proposal has a strong return on investment and a commitment to improve the regional economic climate by meeting specific workforce and infrastructure needs. We look forward to the opportunities this funding will bring families across the Sunshine State." Peter Antonacci, CEO of EFI, "Enterprise Florida's Board of Directors are thrilled to work with DEO to ensure Florida's families are getting the best return on investment from our tax dollars. Funding these projects will continue to make Florida the best place to create jobs and raise a family." For more information about the Florida Job Growth Grant Fund, visit www.FloridaJobs.org/JobGroNvth. gig • --1- Florida Job Growth Grant Fund Workforce Training Grant Proposal Proposal Instructions: The Florida Job Growth Grant Fund Proposal (this document) must be completed and signed by an authorized representative of the entity applying for the grant. Please read the proposal carefully as some questions may require a separate narrative to be completed. Entity Information Name of Entity: School District of Indian River Federal Employer Identification Number (if applicable):® Contact Information: Primary Contact Name: Christi Shields Title: Principal, Technical Center for Career and Adult Education Mailing Address: 6500 57th Street Vero Beach, FL 32966 Phone Number: 772-564-5006 Email: christi.shields@indianriverschools.org Workforce Training Grant Eligibility Pursuant to 288.101, F.S., The Florida Job Growth Grant Fund was created to promote economic opportunity by improving public infrastructure and enhancing workforce training. This includes workforce training grants to support programs offered at state colleges and state technical centers. Eligible entities must submit proposals that: ■ Support programs and associated equipment at state colleges and state technical centers. ■ Provide participants with transferable and sustainable workforce skills applicable to more than a single employer. ■ Are offered to the public. * Are based on criteria established by the state colleges and state technical 1 DE,JE TERPR I S E FLORIDA DEPARTMENTf FLORIDA@ ECONOMIC OPPORTUNITY centers. ■ Prohibit the exclusion of applicants who are unemployed or underemployed. FLORIDA DEPARTMENT' ECONOMIC OPPORTUNITY 1. Program Requirements: Each proposal must include the following information describing how the program satisfies the eligibility requirements listed on page 1. A. Provide the title and a detailed description of the proposed workforce training. Expansion of the Technical Center for Career and Adult Education will include the relocation of the school and addition of high demand workforce training programs. Currently, the Technical Center is the only provider of workforce training in the county. The school is limited in it's program offerings due to limited space on the campus. As part of the proposed workforce training, the Technical Center will relocate to the Alternative Center for Education which is located in Gifford. The relocation and addition of classroom buildings and labs will allow for expansion of programs which include dual enrollment programs for high school students. The addition of programs include Welding Technologies, Building Construction Technologies, and Commercial and Culinary Arts. This project will help to provide a local skilled workforce meeting the needs of local businesses, create new career pathways for high school students, and help the underemployed obtain the skills necessary to earn a living wage. Furthermore, the location and expansion of the Technical Center is beneficial to the local community as residents have to travel out of the county to obtain workforce training. The location is centrally located in the county and will provide educational opportunities in an area that is made up of predominately low income and underemployed or unskilled residents. B. Describe how this proposal supports programs at state colleges or state technical centers. The Technical Center is a public, non-profit, post -secondary institution that is part of the Florida Technical College/Center system. It provides students with rigorous and relevant workforce training that is based upon Florida Department of Education Curriculum Frameworks. The school focuses on offering programs and preparing students to earn nationally recognized industry certifications or licenses. Thus, resulting in a high skill/high wage career. C. Describe how this proposal provides participants transferable, sustainable workforce skills applicable to more than a single employer. All career certification programs offered by the Technical Center incorporate career ready skills and practices. These skills provide a foundation for students and are continually reinforced through different strategies and practices in the classroom. These career skills are applicable and transferable across employers and provide a means for students to be successful in a global economy. In addition, these programs 3 $_ (I DE,J-: ENTERPR ISE FLORIDAG) FLORIDA DEPARTMENTe ECONOMIC OPPORTUNITY do not limit the students to one specific employer as they will be able to utilize the skills learned across many areas in the industrial or construction trades, as well as the food service industry. D. Does this proposal support a program(s) that is offered to the public? -/ Yes 0 No E. Describe how this proposal is based on criteria established by the state colleges and state technical centers. The Technical Center utilizes the Florida Department of Education curriculum frameworks. This frameworks determines the standards and skills a student should master in order to earn a certification for the program. The Technical Center is accredited by Council on Occupation Education which has established standards and criteria that the school meets and are vital to technical education. F. Does this proposal support a program(s) that will not exclude unemployed or underemployed individuals? Yes 11 No 6-18 4 G. Describe how this proposal will promote economic opportunity by enhancing workforce training. Please include the number of jobs anticipated to be created from the proposed training. Further, please include the economic impact on the community, region, or state and the associated metrics used to measure the success of the proposed training. This proposal will promote economic opportunity as it provides the community a local source of affordable, high quality workforce training. The training results in the attainment of skills that will lead to gainful employment and personal economic sustainability for students. The training programs being offered are in line with the Regional Demand Occupations List as well as the State Demand Occupations List which will impact local business and industry by providing skilled employees. 2. Additional Information: A. Is this an expansion of an existing training program? ❑ Yes V No If yes, please provide an explanation for how the funds from this grant will be used to enhance the existing program. B. Does the proposal align with Florida's Targeted Industries? (View Florida's Targeted Industries here.) V Yes ❑ No If yes, please indicate the targeted industries with which the proposal aligns. If no, with which industries does the proposal align? The proposed workforce training program Welding Technologies aligns with the targeted Aviation industry under maintenance, repair, and manufacturing of aircraft and parts. It is also aligned with the automotive and marine industries, as welders are in demand in those areas as well. C. Does the proposal align with an occupation(s) on the Statewide Demand Occupations List and/or the Regional Demand Occupations List? (View Florida's Demand Occupation Lists here.) J Yes ❑ No If yes, please indicate the occupation(s) with which the proposal aligns. If no, with which occupation does the proposal align? The proposal is to expand the Technical Center for Career and Adult Education's programs by offering Welding Technologies, Building Construction Technologies, and Commercial Foods and Culinary Arts. These programs aligns with several occupations listed on the State and Region 20 demand list. They include Welders, Plumbers, Carpenters, Electricians, Construction Supervisors, Chefs and Head Cooks and Food Service Managers. D. Indicate how the training will be delivered (e.g., classroom -based, computer-based, other). If in-person, identify the location(s) (e.g., city, campus, etc.) where the training will be available. If computer-based, identify the targeted location(s) (e.g. city, county, statewide) where the training will be available. All training will be delivered through traditional classroom -based methods. The training will take place on campus at 4680 28th Court, Vero Beach, FL 32967 E. Indicate the number of anticipated enrolled students and completers. All three programs have the capacity to enroll 20 students per class. Classes will be held during the day and the evening. Anticipated total enrollment will be 80 to 100 students with 100% completion. F. Indicate the length of program (e.g., quarters, semesters, weeks, etc.), including anticipated beginning and ending dates. 8/20/2018 06/3012018 Begin Date: End Date: G. Describe the plan to support the sustainability of the proposal. The expanded technical center is the only regional technical center in region 20. The technical centers sole function is to prepare students to enter the workforce or advance levels in a career field by providing workforce specific skill training. Career Source Research Coast has informed administration that funding is available to be utilized for student tuition and books to attain these new skills. Secondary students will also have access to these programs through a dual enrollment process. These are two new funding streams that will provide financial support to maintain long term sustainability of the expansion. H. Identify any certifications, degrees, etc. that will result from the completion of the program. Please include the Classification of Instructional Programs (CIP) code if 8. Z) DE4 E N T E RR P Rr I S E IDAG. FLORIDA DEPARTMENTf ECONOMIC OPPORTUNITY applicable. Students will receive a Career Certificate of Completion for Welding Technologies (CIP 0648050805), Building Construction Technologies (CIP 0646041502) or Commercial Foods and Culinary Arts (CIP0412050312) Students in the Welding Technologies will be able to sit for National Center for Construction and Educational Research (NCCER) Welding certifications 1,2,3, & 4. Building Construction Technology students will be able to sit for NCCER Construction Technology. Commercial Foods and Culinary Arts will be able to sit for Certified Culinarian through American Culinary Federation. 6-1;2 s -212 8 I. Does this project have a local match amount? %/ Yes D No If yes, please describe the entity providing the match and the amount. The School District of Indian River is providing $1,835,000 in funding to build an Industrial Trades classroom and lab for the programs and providing a school site with a commercial kitchen. J. Provide any additional information or attachments to be considered for the proposal. Please see attached letters of support from CareerSource Research Coast and Indian River Chamber of Commerce as well as conceptual architectural drawings of proposed buildings. 3. Program Budget Estimated Costs and Sources of Funding: Include all applicable workforce training costs and other funding sources available to support the proposal. A. Workforce Training Project Costs: Equipment $ 375,000.00 Personnel $ 204,000.00 Facilities $0 Tuition $ 188,340.00 Training Materials $ 52,000.00 Other $0 Please Specify: Total Project Costs $ 819,340.00 B. Other Workforce Training Project Funding Sources: City/County $ Private Sources $ Other (grants, etc.) $ Please Specify: Total Other Funding $ Total Amount Requested W=-- w mg PPP, Note: The total amount requested must equal the difference between the workforce training project costs in 3.A. and the other workforce training project funding sources in 3.13. C. Provide a detailed budget narrative, including the timing and steps necessary to obtain the funding, how equipment purchases will be associated with the training program, if applicable, and any other pertinent budget -related information. For Welding Technologies and Building Construction Technologies programs the Technical Center will utilize the equipment and supply lists provided by NCCER. For Culinary Arts the school will refer to the American Culinary Federation. These lists are program specific and will be directly tied to the training program. The purchasing department of the School District is working with vendors to finalize pricing on all equipment and supplies needed. Once agreed upon quotes are in place, purchase orders can be issued. These programs have a start date of August 2018, therefore purchasing will take place during the Spring of 2018. - 4. Approvals and Authority A. If entity is awarded grant funds based on this proposal, what approvals must be obtained before it can execute a grant agreement with the Florida Department of Economic Opportunity (e.g., approval of a board, commission or council)? Approval by School Board of Indian River County. B. If approval of a board, commission, council or other group is needed prior to execution of an agreement between the entity and the Florida Department of Economic Opportunity: L Provide the schedule of upcoming meetings for the group for a period of at least six months. 8/08/2017, 08/22/2017, 09/12/2017, 09/26/2017,10/10/2017, 10/24/2017, 11/21/2017, 12/12/2017. ii. State whether that group can hold special meetings, and if so, upon how many days' notice. Yes, seven days notice for a special meeting. t2_5 1 DEJ ENTE RPRISE FLORIDA@ FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY C. Attach evidence that the undersigned has all necessary authority to execute this proposal on behalf of the entity. This evidence may take a variety of forms, including but not limited to: a delegation of authority, citation to relevant laws or codes, policy documents, etc. z DEJ FLORIDA . -- ECONOMICOPPORTUNITY the undersigned, do hereby certify that I have express authority to sign this proposal on behalf of the above-described entity. School District of Indian River Name of Entity: Name and Title of Authorized Representative: Dr. Mark Rendell, Superintendent Representative Signature: Mark Rendell Signature Date: 07/26/2017 8.21 1 DE,&), FLORIDka FLORIDA DEPARTMENT,�f A ECONOMIC OPPORTUNITY Job Growth Grant Fund Public Infrastructure Grant Proposal Proposal Instructions: The Florida Job Growth Grant Fund Proposal (this document) must be completed by the governmental entity applying for the grant and signed by either the chief elected official, the administrator for the governmental entity or their designee. Please read the proposal carefully as some questions may require a separate narrative to be completed. Governmental Entity Information Name of Governmental Entity: School District of Indian River County Government Federal Employer Identification Number: Contact Information: Primary Contact Name: Christi Shields Title: Principal, Technical Center for Career and Adult Education Mailing Address: 6500 57th Street Vero Beach, FL 32967 Phone Number: 772-564-5006 Email: christi.shields@indianriverschools.org Public Infrastructure Grant Eligibility Pursuant to section 288.101, F.S., the Florida Job Growth Grant Fund was created to promote economic opportunity by improving public infrastructure and enhancing workforce training. Eligible governmental entities that wish to access this grant fund must submit public infrastructure proposals that: ❑ Promote economic recovery in specific regions of the state, economic diversification or economic enhancement in a targeted industry. (View Florida's Tarqeted Industries here.) ❑ Are not for the exclusive benefit of any single company, corporation or business entity. ❑ Are for infrastructure that is owned by the public and is for public use or predominately benefits the public. 1 1. Program Requirements: 31 - IF H*� Mai Mill! Each proposal must include the following information describing how the project satisfies eligibility requirements listed on page 1. A. Provide the title and a detailed description of the public infrastructure improvements. The title of the project is the Expansion of the Technical Center for Career and Adult Eduction. The Technical Center is a public, non-profit, post -secondary institution. The infrastructure improvements will include the relocation of the school and the addition of two classroom buildings. One building will house industrial workforce training programs to include Welding and Building Construction Technologies. The other building will house workforce training programs Surgical Technology, Network Support Services, and Early Childhood Education. B. Is this infrastructure owned by the public? %f Yes 0 No C. Is this infrastructure for public use or does it predominately benefit the public? ./ Yes D No D. Will the public infrastructure improvements be for the exclusive benefit of any single company, corporation or business entity? 0 Yes No E. Provide a detailed explanation of how the public infrastructure improvements will connect to a broader economic development vision for the community and benefit additional current or future businesses. The expansion of the Technical Center will provide needed workforce training programs in Indian River County. Currently, the Technical Center is the only provider of workforce training in the county. The school is limited in its program offerings due to limited space on the campus. As part of the infrastructure project, the Technical Center will relocate to the Alternative Center for Education which is located in Gifford. The relocation and addition of classroom buildings and labs will allow for expansion of programs which include dual enrollment programs for high school students. This project will help to provide a local skilled workforce meeting the needs of local businesses, create new career pathways for high school students, and help the underemployed obtain the skills necessary to earn a living wage. JQ -2 DE,J E NTE RPRISE FLORIDA DEPARTMENT I FLORIDA@ ECONOMIC OPPORTUNITY Furthermore, the location and expansion of the Technical Center is beneficial to the local community as residents have to travel out of the county to obtain workforce training. The location is centrally located in the county and will provide educational opportunities in an area that is made up of predominately low income and underemployed or unskilled residents. i E T IE R P R i S E FLORIDA DEPARTMENT) F O ECONOMIC OPPORTUNITY F. Provide a detailed description of, and quantitative evidence demonstrating, how the proposed public infrastructure project will promote: ❑ Economic recovery in specific regions of the state; ❑ Economic diversification; or ❑ Economic enhancement of a Targeted Industry (View Florida's Targeted Industries here.) o As part of this response, describe how the project will promote specific job growth. Include a description of the number of jobs that will be retained or created, the average wages of such jobs, and in which industry(ies) the jobs will be created using the North American Industry Classification System NAICS codes. Where applicable, you may list specific businesses that will retain or grow jobs or make capital investment. o Further, include the economic impact on the community, region, or state and the associated metrics used to measure the success of the proposed project. The Technical Center for Career and Adult Education is a public, non-profit, post -secondary institution. The school promotes economic diversity by serving students of all ages, race, and economic class. The School District works closely with CareerSource Research Coast, the Indian River County Chamber of Commerce, and local businesses/employers to ensure that is is offering rigorous and relevant workforce training programs that meet the needs of the region. The School District has created a Career and Technical Education Steering Committee which has consistently voiced a need for additional training programs in the county. This project will help to promote job growth in the Manufacturing and Construction sectors as welders are currently in demand in both areas. According to the Florida Department of Economic Opportunity, Construction of Buildings is ranked #2 for fastest growing industry between 2016-2024, with several construction occupations gaining the most new jobs. This solidifies the need for expanded workforce training opportunities in this field. The applicable NAICS codes are 23 for both sectors and 33 for the welding sector. Each occupational field encompasses several sub -sectors, and industries. 6-31 4 fis fr i +vr 2. Additional Information: A. Is this project an expansion of an existing infrastructure project? 11 Yes VNo B. Provide the proposed commencement date and number of days required to complete construction of the public infrastructure project. The project is expected to begin in August 2017 with completion in August of 2018. C. What is the location of the public infrastructure? (Provide the road number, if applicable.) 4680 28th Court, Vero Beach, FL 32967 D. Who is responsible for maintenance and upkeep? (Indicate if more than one are applicable.) 0 Federal 0 State ❑ County 0 City J Other School District of Indian River E. What permits are necessary for the public infrastructure project? School District of Indian River County Building Department F. Detail whether required permits have been secured, and if not, detail the timeline for securing these permits. Additionally, if any required permits are local permits, will these permits be prioritized? No, the permits have not been secured. Once drawings are finalized they will be submitted to building department and will take 30 days to be approved. G. What is the future land use and zoning designation on the proposed site of the infrastructure improvements, and will the improvements conform to those uses? The current land use zoned school use and is owned by the School District of Indian River. This will remain in place and the infrastructure improvements conform to school use and school requirements for educational facilities per Department of Education in Florida. f" 3 Z 5 f as.y Sa.sya �n�i' T � • � �� 4. H. Will an amendment to the local comprehensive plan or a development order be required on the site of the proposed project or on adjacent property to accommodate the infrastructure and potential current or future job creation opportunities? If yes, please detail the timeline. ❑ Yes ✓ No I. Is the project ready to commence upon grant fund approval and contract execution? If no, please explain. J. Does this project have a local match amount? ./ Yes ❑ No ✓ Yes ❑ No If yes, please describe the entity providing the match and the amount. The total estimated cost of the project is $3,900,000 to $4,585,000. The School District of Indian River has set aside $1,835,000 to help fund the overall cost of the project. School District personnel from several departments have been working on the planning and design of this project for the last year. K. Provide any additional information or attachments to be considered for this proposal. Attached please find conceptual drawings of the school site with the additional buildings, and letters of support from Career Source Research Coast and Indian River County Chamber of Commerce. &-2) L 3. Program Budget Estimated Costs and Sources of Funding: Include all applicable public infrastructure costs and other funding sources available to support the proposal. A. Public Infrastructure Project Costs: Construction $ 3,875,000 Reconstruction $ 0 Design & Engineering Land Acquisition Land Improvement Other Total Project Costs $ 350,000 $0 Please $ 360,000 Specify: $ 4,585,000 B. Other Public Infrastructure Project Funding Sources: City/County $ 1,835,000 Private Sources $ Other (grants, etc.) Total Other Funding 1,835,000 Total Amount Requested Please $ Specify: $ 2,750,000 Note: The total amount requested must equal the difference between the public infrastructure project costs in 3.A. and the other public infrastructure project funding sources in 3.13. C. Provide a detailed budget narrative, including the timing and steps necessary to obtain the funding and any other pertinent budget -related information. The School District's current budget allowance for the Technical Center' expansion totals $1,835,000 which is a combination of workforce funds totaling $1,510,000 and capital funds of $325,000. However, with the limited budget the School District would not be able to move forward with the entire expansion project totaling an estimated of $4,585,000. Phase I of the project can be accomplished with current budget 8��y DE,�J E NITNITERPR ISE FLORIDA DEPARTMENT F L E DAO ECONOMIC OPPORTUNITY allowance, but Phase II is not funded. Phase II of the project has been deemed necessary in order to meet local demand and public needs. The School District will require and additional $2,7500,000 in order to move forward with the entire project as identified in this application. E3 4. Approvals and Authority A. if the governmental entity is awarded grant funds based on this proposal, what approvals must be obtained before it can execute a grant agreement with the Florida Department of Economic Opportunity (e.g., approval of a board, commission or council)? Approval by,the School Board of Indian River. B. If approval of a board, commission, execution of an agreement between .Department of Economic Opportunity: council or other group is needed prior to the governmental entity and the Florida L Provide the schedule of upcoming meetings for the group for a period of at least six months. 7/25/2017, 8/08/2017, 08/22/2017, 09/12/2017, 09/26/2017, 10/10/2017, 10/24/2017 11/21/2017, 12/12/2017. ii. State whether that group can hold special meetings, and if so, upon how many days' notice. Yes, seven days notice for a special meeting. C. Attach evidence that the undersigned has all necessary authority to execute this proposal on behalf of the governmental entity. This evidence may take a variety of forms, including but not limited to: a delegation of authority, citation to relevant laws or codes, policy documents, etc. e'yj 9 FLORIDA DEPARTMEKTI- E NT E R P R IS E FLORIDAe 1, the undersigned, do hereby certify that I have express authority to sign this proposal on behalf of the above-described governmental entity. Name of Governmental Entity: School District of Indian River County Dr. Mark Rendell Name and Title of Authorized Representative: Representative Signature: Mark Rendell Signature Date: 07/28/2017 Workforce Innovation & Opportunity Act : Two hundred C288\VV%]Aparticipants entered employment mdonaverage wage of$15.T3per hour. This calculates hoearnings of $9'422.784.DOcontributing toour local economy. Sixty-three kS3\VV|OAparticipants were placed in classroom training sdenaverage cost of$2.242.1Obringing our investment intraining to$141.252.39. Our return on investment was for every $1.00 spent on training, $15.03 was earned in income. 2017-18 Florida Statewide Demand Occupations List Post Secondary Adult Vocational Certificate or College Credit Certificate/Associate Degree Sorted by Occupational Title Workforce Estimating Conference Selection Criteria: 1 FLDOE Training Codes 3 (PSAV Certificate) or 4 (College Credit Certificate/Associate Degree) 2 150 annual openings and average growth rate of 1.43% or 360 annual openings with any positive growth 3 Mean Wage of $14.39/hour and Entry Wage of $11.70/hour 4 High Skill/High Wage (HSHW) Occupations: Mean Wage of $22.55/hour and Entry Wage of $14.39/hour SOC Codet HSHWtj Occupational Titlet Annual Percent Growth Annual Openings 2016 Hourly Mean Wage Entry FLDOE Training Code In EFI Targeted Industry? STEM Occupation? New to List? 113011 HSHW Administrative Services Managers 1.59 344 52.64 31.94 4 Yes No 413011 Advertising Sales Agents 0.51 468 27.07 13.34 3 Yes No 493011 HSHW Aircraft Mechanics and Service Technicians 1.07 441 27.27 17.34 3 Yes No 274011 Audio and Video Equipment Technicians 2.02 184 18.40 12.19 4 Yes No Yes 493021 Automotive Body and Related Repairers 1.53 400 19.96 13.07 3 No No Yes 493023 Automotive Service Technicians and Mechanics 1.15 2,014 18.92 11.84 3 No No 472021 Brickmasons and Blockmasons 3.22 180 17.35 13.47 3 No No 493031 Bus and Truck Mechanics and Diesel Engine Specialists 1.65 394 21.58 15.20 3 Yes No 131199 HSHW Business Operations Specialists, All Other 1.61 2,138" 32.56 19.47 4 No Yes 292031 Cardiovascular Technologists and Technicians 2.76 206 23.23 13.46 3 Yes No 435011 Cargo and Freight Agents 1.56 312 20.96 13.12 3 Yes No 472031 Carpenters 1.79 1,780 17.93 12.24 3 No No 472051 Cement Masons and Concrete Finishers 2.70 497 16.88 12.30 3 No No 351011 HSHW Chefs and Head Cooks 1.69 265 27.14 16.82 3 No No Yes 131031 HSHW Claims Adjusters, Examiners, and Investigators 1.16 771 29.52 19.50 3 Yes No 532012 HSHW Commercial Pilots 1.69 194 50.06 23.77 3 Yes No 131041 HSHW Compliance Officers 0.91 366 29.75 17.69 3 No Yes 151143 HSHW Computer Network Architects 1.56 478 36.37 22.74 3 Yes Yes 151152 HSHW Computer Network Support Specialists 1.71 287 28.13 17.41 3 Yes Yes Yes 151121 HSHW Computer Systems Analysts 2.85 869 40.24 26.13 4 Yes Yes 151151 Computer User Support Specialists 2.01 1,087 21.97 14.13 3 Yes Yes 474011 HSHW Construction and Building Inspectors 2.05 339 28.19 19.02 3 No No 119021 HSHW Construction Managers 1.47 922 44.50 25.38 4 No Yes 333012 Correctional Officers and Jailers 0.42 1,123 21.45 15.89 3 No No 131051 HSHW Cost Estimators 1.99 722 28.35 17.48 4 No__F Yes 151141 1 HSHW Database Administrators 1.72 269 39.77 25.55 4 Yes I Yes �+ Source: Florida Department of Economic Opportunity, Bureau of Labor Market Statistics 2017-18 Florida Statewide Demand Occupations List Post Secondary Adult Vocational Certificate or College Credit Certificate/Associate Degree Sorted by Occupational Title Workforce Estimating Conference Selection Criteria: 1 FLDOE Training Codes 3 (PSAV Certificate) or 4 (College Credit Certificate/Associate Degree) 2 150 annual openings and average growth rate of 1.43% or 360 annual openings with any positive growth 3 Mean Wage of $14.39/hour and Entry Wage of $11.70/hour 4 High Skill/High Wage (HSHW) Occupations: Mean Wage of $22.55/hour and Entry Wage of $14.39/hour SOC Codet HSHWfl Occupational Titlet Annual Percent Growth Annual Openings 2016 Hourly Wage Mean Entry FLDOE Training Code In EFI Targeted Industry? STEM New Occupation? to List? 319091 Dental Assistants 2.10 817 17.71 12.92 3 Yes No 292021 HSHW Dental Hygienists 2.12 404 31.06 23.80 4 Yes Yes 292032 HSHW Diagnostic Medical Sonographers 3.33 262 30.46 23.85 3 Yes No 499051 HSHW Electrical Power -Line Installers and Repairers 1.32 386 25.30 17.27 3 No No 472111 Electricians 2.11 1,389 21.07 14.49 3 No No 436011 HSHW Executive Secretaries and Executive Admin. Assistants 0.12 535 24.34 16.73 3 Yes No 332011 HSHW Firefighters 1.17 993 25.50 15.54 3 No No 371012 First -Line Superv. Landsca ing & Groundskeeping Workers 1.56 571 21.35 13.86 3 No No 471011 HSHW First -Line Superv. of Construction and Extraction Workers 2.05 1,277 28.56 19.37 4 No Yes 371011 First -Line Superv. of Housekeeping & Janitorial Workers 1.47 412 17.84 12.12 3 No No 531031 HSHW First -Line Superv. of Material -Moving Vehicle Operators 1.17 422 28.02 17.60 3 Yes No 491011 HSHW First -Line Superv. of Mechanics, Installers, and Repairers 1.32 968 29.90 19.57 3 No No 431011 HSHW First -Line Superv. of Office and Admin. Support Workers 1.45 2,843 26.10 17.19 4 Yes No 511011 HSHW First -Line Superv. of Production and Operating Workers 0.56 537 27.58 18.25 3 Yes No 411012 HSHW First -Line Supervisors of Non -Retail Sales Workers 1.20 915 45.18 22.44 4 Yes No 391021 First -Line Supervisors of Personal Service Workers 1.75 586 19.73 12.46 3 No No 411011 First -Line Supervisors of Retail Sales Workers 1.18 3,909 21.88 14.30 3 No No 119051 HSHW Food Service Managers 1.39 473 33.25 21.16 4 No No Yes 111021 HSHW General and Operations Managers 1.58 3,164 63.16 32.07 4 Yes No 271024 Graphic Designers 1.07 568 22.43 14.68 4 Yes Yes 292099 Health Technologists and Technicians, All Other 2.32 309 18.78 12.66 3 Yes Yes 499021 Heating, A.C., and Refrigeration Mechanics and Installers 2.20 1,168 19.64 13.24 3 No No 533032 Heavy and Tractor -Trailer Truck Drivers 1.29 2,471 18.71 12.65 3 Yes No 499041 HSHW Industrial Machinery Mechanics 2.60 638 23.05 15.75 3 Yes No 151122 HSHW Information Security Analysts 2.74 163 41.03 25.69 3 Yes Yes 413021 HSHW Insurance Sales Agents 1.47 1,857 33.86 17.59 3 1 Yes No Source: Florida Department of Economic Opportunity, Bureau of Labor Market Statistics I 2017-18 Florida Statewide Demand Occupations List Post Secondary Adult Vocational Certificate or College Credit Certificate/Associate Degree Sorted by Occupational Title Workforce Estimating Conference Selection Criteria: 1 FLDOE Training Codes 3 (PSAV Certificate) or 4 (College Credit Certificate/Associate Degree) 2 150 annual openings and average growth rate of 1.43% or 360 annual openings with any positive growth 3 Mean Wage of $14.39/hour and Entry Wage of $11.70/hour 4 High Skill/High Wage (HSHW) Occupations: Mean Wage of $22.55/hour and Entry Wage of $14.39/hour SOC Codet HSHW Occupational Titlet Annual Percent Growth Annual Openings 2016 Hourly Wage Mean Entry FLDOE Training Code In EFI Targeted Industry? STEM Occupation? New to List? 271025 Interior Designers 1.64 254 23.39 13.05 4 Yes No 292061 Licensed Practical and Licensed Vocational Nurses 2.13 2,248 20.74 16.60 3 Yes No 434131 1 Loan Interviewers and Clerks 1.46 494 1 19.35 14.27 3 1 Yes No Yes 132072 HSHW Loan Officers 1.39 640 40.29 22.22 4 Yes No 514041 Machinists 1.44 414 18.84 12.59 3 Yes No Yes 319011 Massage Therapists 2.41 455 20.90 11.86 3 No No 292012 Medical and Clinical Laboratory Technicians 2.34 310 18.35 12.75 4 Yes No 292011 HSHW Medical and Clinical Laboratory Technologists 1.83 467 29.57 24.51 4 Yes Yes 319092 Medical Assistants 2.99 2,451 14.94 12.08 3 Yes No 292071 Medical Records and Health Information Technicians 1.91 421 19.52 12.73 4 Yes No 436013 Medical Secretaries 2.27 687 15.48 12.16 3 Yes No 131121 Meeting, Convention, and Event Planners 2.09 239 22.54 13.52 4 No No 151142 HSHW Network and Computer Systems Administrators 1.38 466 39.49 25.98 4 Yes Yes 472073 Operating Engineers/Construction Equipment Operators 1.89 575 17.96 13.34 3 No No 292081 Opticians, Dispensing 2.68 300 19.48 13.37 4 Yes No 232011 HSHW Paralegals and Legal Assistants 2.03 927 24.65 17.05 3 Yes No 319097 Phlebotomists 2.44 355 14.61 11.87 3 Yes No Yes 312021 HSHW Physical Therapist Assistants 3.72 302 30.50 23.65 4 Yes No 472152 Plumbers, Pipefitters, and Steamfitters 1.75 775 19.37 13.28 3 No No 333051 HSHW Police and Sheriff's Patrol Officers 1.09 1,836 28.42 19.48 3 No No 119141 Property, Real Estate & Community Association Managers 1.52 1,191 27.61 14.22 4 No No 131023 HSHW Purchasing Agents, Except Farm Products & Trade 0.73 539 29.19 18.70 4 Yes No 292034 HSHW Radiologic Technologists 1.55 459 25.34 18.23 3 Yes No 291141 HSHW Registered Nurses 2.02 7,740 31.34 24.56 4 Yes Yes 291126 HSHW Respiratory Therapists 1.55 314 26.81 21.26 4 Yes Yes 472181 Roofers 2.53 813 15.77 11.79 3 No No Source: Florida Department of Economic Opportunity, Bureau of Labor Market Statistics Source: Florida Department of Economic Opportunity, Bureau of Labor Market Statistics 2017-18 Florida Statewide Demand Occupations List Post Secondary Adult Vocational Certificate or College Credit Certificate/Associate Degree Sorted by Occupational Title Workforce Estimating Conference Selection Criteria: 1 FLDOE Training Codes 3 (PSAV Certificate) or 4 (College Credit Certificate/Associate Degree) 2 150 annual openings and average growth rate of 1.43% or 360 annual openings with any positive growth 3 Mean Wage of $14.39/hour and Entry Wage of $11.70/hour 4 High Skill/High Wage (HSHW) Occupations: Mean Wage of $22.55/hour and Entry Wage of $14.39/hour Annual FLDOE In EFI Percent Annual 2016 Hourly Wage Training Targeted STEM New SOC Codet HSHWt1 Occupational Titlet Growth Openings Mean Entry Code Industry? Occupation? to List? 414011 HSHW Sales Representatives, Wholesale & Mfg, Tech. & Sci. Prod. 1.16 750 40.52 19.32 3 Yes No 414012 Sales Representatives, Wholesale and Manufacturing, Other 1.11 3,136 28.67 12.52 3 Yes No 492098 1 Security and Fire Alarm Systems Installers 2.17 293 1 19.86 14.42 1 3 No No 472211 Sheet Metal Workers 1.66 315 17.77 12.52 3 No No 119151 HSHW Social and Community Service Managers 1.87 176 37.53 24.69 4 No No 211093 Social and Human Service Assistants 1.18 402 15.64 11.85 3 No No Yes 151132 HSHW Software Developers, Applications 2.51 1,287 42.11 26.69 4 Yes Yes 292055 Surgical Technologists 2.01 209 20.11 15.78 3 Yes No 251194 HSHW Vocational Education Teachers, Postsecondary 2.13 264 25.73 14.94 4 No No 151134 HSHW Web Developers 3.14 414 29.84 18.55 3 Yes Yes 514121 Welders, Cutters, Solderers, and Brazers 1.05 528 18.24 12.76 3 Yes No 131022 HSHW Wholesale and Retail Buyers, Except Farm Products 1.49 237 32.18 18.38 4 Yes No Yes tSOC Code and Occupational Title refer to Standard Occupational Classification codes and titles. ttHSHW = High Skill/High Wage. EFI - Enterprise Florida, Inc. Source: Florida Department of Economic Opportunity, Bureau of Labor Market Statistics 1/2/2018 If. y� 2017-18 Regional Demand Occupations List Sorted by Occupational Title Workforce Development Area 20 - Indian River, Martin, and Saint Lucie Counties Workforce Estimating Conference Selection Criteria: 1 FLDOE Training Code 3 (PSAV Certificate), 4 (Community College Credit/Degree), or 5 (Bachelors Degree) 2 10 annual openings and positive growth 3 Mean Wage of $14.29/hour and Entry Wage of $11.62/hour 4 High Skill/High Wage (HSHW) Occupations: Mean Wage of $22.39/hour and Entry Wage of $14.29/hour Annual FLDOE In EFI Percent Annual 2016 Hourly Wage Training Targeted Data SOC Codet� HSHWtt Occupational Titlet Growth Openings Mean Entry Code Industry? Sourcettt 132011 HSHW Accountants and Auditors 2.16 85 31.98 19.38 f 5 Yes R 113011 HSHW Administrative Services Managers 1.59 344 52.64 31.94 1 4 Yes S 493011 HSHW Aircraft Mechanics and Service Technicians 1.07 441 27.27 17.34 3 Yes S 493021 Automotive Body and Related Repairers 2.02 11 20.22 14.13 3 No R 493023 Automotive Service Technicians and Mechanics 1.61 55 18.30 12.23 3 No R 472021 Brickmasons and Blockmasons 3.22 180 17.35 13.47 3 No S 493031 Bus and Truck Mechanics and Diesel Engine Specialists 1.65 394 21.58 15.20 3 Yes S 472031 Carpenters 1.76 68 17.70 12.64 3 No R 472051 Cement Masons and Concrete Finishers 2.98 14 17.00 13.77 3 No R 351011 HSHW Chefs and Head Cooks 1.69 265 27.14 16.82 3 No S 131031 HSHW Claims Adjusters, Examiners, and Investigators 1.16 771 29.52 19.50 3 Yes S 151151 Computer User Support Specialists 1.57 10 20.62 13.52 3 Yes R 474011 HSHW Construction and Building Inspectors 2.43 15 25.89 17.01 3 No R 472061 Construction Laborer 1.50 93 13.07 10.13 1 Yes R 119021 HSHW Construction Managers 1.69 18 47.01 29.74 4 No R 333012 Correctional Officers and Jailers 0.42 1,123 21.45 15.89 3 No S 131051 HSHW Cost Estimators 2.16 17 31.13 20.87 4 No R 319091 Dental Assistants 2.25 23 18.02 14.47 3 Yes R 292021 HSHW Dental Hygienists 2.35 13 32.49 26.80 4 Yes R 292032 HSHW Diagnostic Medical Sonographers 3.33 262 30.46 23.85 3 Yes S 499051 HSHW Electrical Power -Line Installers and Repairers 0.66 12 24.25 18.89 3 No R 472111 Electricians 2.27 28 20.38 13.95 3 No R 252021 HSHW Elementary School Teachers, Except Special Education 1.77 82 30.04 21.74 5 No R 436011 HSHW Executive Secretaries and Executive Admin. Assistants 0.22 10 22.66 15.64 3 Yes R 512091 Fiberglass Laminators and Fabricators 1.47 15 15.38 12.59 3 Yes R 332011 HSHW Firefighters 1.33 29 29.24 18.71 3 No R 371012 HSHW First -Line Superv. Landscaping & Groundskeeping Workers 1.43 28 23.07 15.47 3 No R 471011 HSHW First -Line Superv. of Construction and Extraction Workers 2.02 31 27.46 20.06 4 No R 351012 First -Line Superv. of Food Preparation & Serving Workers 1.86 69 18.20 12.07 3 No R 491011 HSHW First -Line Superv. of Mechanics, Installers, and Repairers 1.66 29 28.74 19.35 3 No R 431011 HSHW First -Line Superv. of Office and Admin. Support Workers 1.56 63 26.08 17.07 4 Yes R 511011 HSHW First -Line Superv. of Production and Operating Workers 0.80 18 28.28 19.27 3 Yes R 411011 First -Line Supervisors of Retail Sales Workers 1.34 110 21.76 14.86 3 No R 111021 HSHW General and Operations Managers 1.68 67 65.30 28.21 4 Yes R 292099 Health Technologists and Technicians, All Other 2.32 309 18.78 12.66 3 Yes S 499021 Heating, A.C., and Refrigeration Mechanics and Installers 2.37 35 17.78 12.94 3 No R 533032 Heavy and Tractor-Trailer Truck Drivers 1.37 47 18.11 12.10 3 Yes R 499041 HSHW Industrial Machinery Mechanics 2.60 638 23.05 15.75 3 Yes S 413021 HSHW Insurance Sales Agents 1.77 25 37.09 18.10 3 Yes R 252012 HSHW Kindergarten Teachers, Except Special Education 1.71 16 30.85 22.71 1 5 No R 292061 Licensed Practical and Licensed Vocational Nurses 1.59 73 20.82 17.04 3 Yes R Logistics Training 1.50 60 16.50 14.00 3 Yes R 514041 Machinists 1.44 414 18.84 12.59 3 Yes S 49901 Maintenance and Repair, Worker, General 1.54 64 15.57 11.05 3 No R 131111 HSHW Management Analysts 2.45 29 43.43 20.55 5 Yes R 319011 Massage Therapists - WTP Only 2.40 20 26.71 12.46 3 No R 292012 Medical and Clinical Laboratory Technicians 3.41 10 23.67 12.98 4 Yes R 292011 HSHW Medical and Clinical Laboratory Technologists 2.17 12 30.98 24.68 4 Yes R 119111 HSHW Medical and Health Services Managers 1.92 18 56.62 34.16 5 Yes R 319092 Medical Assistants 3.45 72 15.10 12.62 3 Yes R 292071 Medical Records and Health Information Technicians 1.91 421 19.52 12.73 4 Yes S 1/2/2018 If. y� 1/2/2018 2 Annual I I I FLDOE In EFI Percent Annual 2016 Hourly Wage Training Targeted Data SOC Codetj HSHWtt I Occupational Titlet Growth Openings Mean Entry Code Industry? Sourcettt 436013 Medical Secretaries 2.23 19 16.68 12.99 3 Yes R 252022 HSHW Middle School Teachers, Exc. Special & Voc. Education 1.80 40 31.85 23.71 5 No R 493051 Motorboat Mechanics 2.34 10 18.94 13.58 3 No R 472073 Operating Engineers/Construction Equipment Operators 2.61 32 18.22 14.84 3 No R 292057 Ophthalmic Medical Technicians 3.62 13 18.83 15.53 3 Yes R 472141 Painters, Construction and Maintenance 1.19 23 15.67 12.87 I 3 No R 292041 Paramedics 3.00 10 15.99 11.37 4 Yes R 372021 Pest Control Workers NR 10 17.33 11.99 3 No R 373012 Pesticide Handlers, Sprayers, & Applicators, Vegetation NR 10 17.15 12.98 4 No R 319097 Phlebotomists - WTP ONLY 2.44 355 14.61 11.87 3 Yes S 472152 Pipelayers 3.01 10 17.40 12.83 3 Yes R 472152 Plumbers, Pipefitters, and Steamfitters 1.86 23 19.92 15.39 3 No R 333051 HSHW Police and Sheriff's Patrol Officers 1.20 38 25.89 19.13 3 No R 292034 HSHW Radiologic Technologists 1.55 459 25.34 18.23 3 Yes S 291141 HSHW Registered Nurses 1.90 184 29.24 23.07 4 Yes R 291126 HSHW Respiratory Therapists 1.55 314 26.81 21.26 4 Yes S 472181 Roofers 2.74 48 17.00 12.67 3 No R 414011 HSHW Sales Representatives, Wholesale & Mfg, Tech. & Sci. Prod. 0.48 12 38.56 18.84 3 Yes R 414012 Sales Representatives, Wholesale and Manufacturing, Other 1.30 65 34.14 12.21 3 Yes R 252031 HSHW Secondary School Teachers, Exc. Special and Voc. Ed. 1.79 42 33.36 25.13 5 No R 472211 Sheet Metal Workers 1.66 315 17.77 12.52 3 No S 472221 Structural Iron an Steel Workers 3.64 15 19.53 12.38 3 Yes R 292055 Surgical Technologists 3.56 11 20.61 16.29 3 Yes R 173031 Surveying and Mapping Technicians 1.98 10 18.49 12.34 3 Yes R 259041 Teacher Assistants 1.64 44 14.64 11.80 3 No R 472044 Title and Marble Setters 3.48 13 17.27 11.28 3 No R 292056 Veterinary Technologists and Technicians 2.46 15 15.60 11.70 4 Yes R 251194 HSHW Vocational Education Teachers, Postsecondary 2.13 264 25.73 14.94 4 No S 514121 Welders, Cutters, Solderers, and Brazers 0.92 1 16 18.29 13.89 3 Yes R tSOC Code and Occupational Title refer to Standard Occupational Classification codes and titles. ttHSHW = High Skill/High Wage. tttData Source: R = Meets regional wage and openings criteria based on state Labor Market Statistics employer survey data. Regional data are shown. S = Meets statewide wage and openings criteria based on state Labor Market Statistics employer survey data. Statewide data are shown. NR = Not releasable. EFI - Enterprise Florida, Inc. 1/2/2018 2 Draft Letter of Support February 16, 2018 The Honorable Rick Scott Office of the Governor State of Florida -The Capitol 400 S. Monroe Street Tallahassee, FL 32399-0001 RE: Florida Job Growth Grant Fund Public Infrastructure Grant Dear Governor Scott, This letter is being written in support of the School District of Indian River County's grant proposal for the "Expansion of the Technical Center for Career and Adult Education" project under the Florida Job Growth Grant Fund. This project will provide immediate access to training and education in high need, high wage jobs. Unfortunately, there is not a postsecondary institution in our community that offers these training programs, so the School District is stepping up to meet these needs. The School District project centers on the relocation and expansion of its current Technical Center. The center already offers career paths in the Healthcare field, to include a Licensed Practical Nursing Program (LPN), as well as Phlebotomy, Medical Coder Biller, and several other health related licenses. The expansion will now provide industrial workforce training, such as welding and building construction technologies, including plumbing, electrical, carpentry, and HVAC. These programs will be available to high school students through a dual enrollment agreement and to adults in our community. Parts of our county have high levels of poverty, which have been present for generations. More than half of our student population qualify for free and reduced lunch (62%). In the latest census, 1 in 4 of our children live in poverty (25%). This is an opportunity to break the cycles of generational poverty and remove the barriers of transportation and accessibility to programs. The location of the new Technical Center is in a high poverty area of the community where the residents are predominately low income, underemployed, or unskilled. This expansion provides an avenue for these residents to obtain workforce training without having to travel. It is also centrally located in our county giving easy access to all. We believe that the School District's expansion of its Technical Center will promote economic diversity by serving students of any age, race, or economic class. It will provide a pathway out of poverty for residents who have heretofore been unable to access workforce training programs. Job training will lead to employment in a job market searching for a skilled workforce and growth for local businesses with the added benefit of financial stability for families. I believe that this project is vital to the betterment of our community, local businesses, and our students. Sincerely, 00 4/S Please send your letter of recommendation to the three mailing addresses and the two e-mails below: #1 The Honorable Rick Scott Office of the Governor State of Florida -The Capitol 400 S. Monroe Street Tallahassee, FL 32399-0001 EYA Cissy Proctor Executive Director, Florida Department of Economic Opportunity 107 East Madison Street, MSC 110 Tallahassee, FL 32399-4120 #3 Email: Cissy.Proctor an-deo.myflorida.com FIN Peter Antonacci President & CEO, Enterprise Florida, Inc. Florida Secretary of Commerce 101 North Madison Street Suite 1000 Tallahassee, FL 32301 M Email: PAntonacci(c�enterpriseflorida.com (�/q- Yo/ Gov. Scott: Florida Job Growth Fund Awards First Grant to Manatee Technical College On January 20,_2'01, in 76"News Releases. by Staff BRADENTON, Fla. — Today, Governor Rick Scott visited Manatee Technical College to announce that the college will be awarded the first grant from the Florida Job Growth Grant Fund. Last month, the School Board of Manatee County voted to accept $201,500 in funding through the Florida Job Growth Grant Fund from the Florida Department of Economic Opportunity (DEO). This funding will support the purchase of high-tech equipment needed to expand the workforce training program in Advanced Manufacturing and Production Technology, which will help prepare more students for future career opportunities. Governor Scott said, "I am proud to announce that Manatee Technical College has been selected as the first recipient of the Florida Job Growth Grant Fund. This program was designed to support economic development projects that enhance workforce training programs, such as Manatee Technical College's manufacturing program, so Florida can continue to compete in this global economy. Ensuring a well- trained workforce is vital to bringing new job opportunities to families in our state, and I look forward to announcing additional Florida Job Growth Grant Fund recipients in the near future." This proposal was chosen based on its strong return on investment to the state and the regionally driven demand for a robust manufacturing workforce. The impact of this program will help prepare Florida students for years to come and encourage businesses to invest in Manatee County as a result of the skilled workforce. Return on investment is calculated based on the number of Floridians completing the training program and the projected increase in wages they earn once they find employment in comparison to total project cost. Cissy Proctor, Executive Director of DEO, said, "Our agency has worked diligently to evaluate more than 20o Florida Job Growth Grant Fund proposals to ensure that these funds are spent wisely. Manufacturing skills are needed throughout our state, but specifically in Manatee County where there are hundreds of manufacturers. Manatee Technical College has a successful existing program that will be enhanced by these funds. We look forward to the opportunities this funding will bring to the families of Manatee County." Doug Wagner, Executive Director of Adult, Career and Technical Education at the School District of Manatee County said, "This grant will greatly enhance our ability to train students and prepare them for the workforce with valuable manufacturing skills, from entry-level production to quality assurance. Upon completion of the full Advanced Manufacturing and Production Technology curriculum, our students at Manatee Technical College will be able to earn a high -skill, high -wage job. We are proud that our program has been selected by Governor Scott and will make the area more competitive with this better trained workforce to match the manufacturers in the county." For more information about the Florida Job Growth Grant Fund, visit www.FloridaJobs.org/JobGrowth. f✓ 1,17 Piper John Cakagno, CRA Chief Financial Officer March 1, 2018 The Honorable Rick Scott Office of the Governor State of Florida —The Capital 400 S. Monroe Street Tallahassee FL 32399-0001 Re: Florida Job Growth Grant Fund Public Infrastructure Grant Dear Governor Scott, The letter is being written in support of the School District of Indian River County s grant proposal for the "Expansion of the Technical Center for Career and Adult Education" project under the Florida Job Growth Grant Fund. This project will provide immediate access to training and education in high need, high wage jobs. Unfortunately, there is not a postsecondary institution in our community that offers these training programs, so the School District is stepping up to meet these needs. The School District project centers on the relocation and expansion of its current technical center. The center already offers career paths in the Healthcare field, to include a licensed practical nursing program (LPN), as well as Phlebotomy, medical coder biller, and several other health related licenses. The expansion will now provide industrial workforce training, such as welding and building construction technologies, including plumbing, electrical, carpentry and HVAC. These programs will be available to high school students through a dual enrollment agreement and to adults in our community. I believe that the School District's expansion of its Technical Center will promote economic diversity by serving students of any age, race or economic class. It will provide a pathway out of poverty for residents who have been unable to access workforce training programs in the past. Job training will lead to employment in a job market searching for a skilled workforce and growth for local businesses with the added benefit of financial stability for families. As the single largest employer In Indian River County, Piper Aircraft is always seeking skilled individuals to join our team and having an expanded technical center will have a positive effect on our labor force. I believe this project is vital to the betterment of our community, local businesses and our students. Sincerely yours, PIPER AIRCRAFT, INC. John Calcagno, C.P.A. Chief Financial Officer 2926 Piper Drive Vero Beach FL 32960 R. q I CareerSource OL RESEARCH COAST «._arf �aarae o tP.eAmer;cariabCenter',-.�,,,,,k July 24, 2017 The Honorable Rick Scott Office of the Governor State of Florida -The Capitol 400 S. Monroe Street Tallahassee, FL 32399-0001 Dear Governor Scott: careersourcerc.com On behalf of the Workforce Development Board of the Treasure Coast d/b/a CareerSource Research Coast, we pledge our support for the Florida Job Growth grant application on Infrastructure submitted by the School District of Indian River County -Technical Center for Career and Adult Education to Enterprise Florida and the Department of Economic Opportunity (DEO) The CareerSource Research Coast Board of Directors supports this Infrastructure project as evidenced by DEO's document "A Close Look at 12 Florida Counties". This document identified Indian River County as one with Opportunities for Improved Economic Outcomes. Indian River County was identified for its high unemployment, minimal labor force growth, low labor force participation rate, annual wages below State average and rate of individuals with disabilities above the State average. As a part of this proposed infrastructure project, the expanded technical center will relocate to a central area within Indian River County that is made up of predominantly low income, under employed and un -skilled residents. In addition, this project will provide the local workforce development area (LWDA20) with a much needed career and technical education center. Please accept this letter as assurance that CareerSource Research Coast and our local businesses, Chambers of Commerce, Industry associations, education and local governments have identified the critical need for a career and technical education center in LWDA20. CareerSource Research Coast strongly encourages the approval of this Infrastructure application for funding. Sincerely, M/�,_ Brian K. Bauer President/CEO info(a-)careersourcerc.com Administrative Office 584 NE University Blvd., Suite 100, Port St. Lucie, FL 34986 Phone: 866-482-4473 Fax: 866-314-6580 AM M, INDIAN RIVER COUNTY FLORIDA x,01.5 C C, `' %* Economic Leadership Alliance Leading the way to a healthy economy TOP INVESTORS July 24, 2017 Chairman Sponsor Office of Governor Rick Scott Florida Power & Light 400 South Monroe Street Piper Aircraft, Inc. Tallahassee, FL 32399-0001 Indian River Press JoumallTCpalm.com RE: Florida Job Growth Grant Fund Grant Proposal Corporate Sponsor Donadio and Associates Dear Governor Scott, Architects Dyer Chevrolet The Economic Development Office of the Indian River County Chamber of Commerce supports the expansion of vocational and industrial training Marine Bank and Trust programs and facilities as proposed by the School District of Indian River Seacoast National Bank County under the Florida Job Growth Grant Fund. This initiative will have a TO Bank strong, positive impact on addressing the hiring needs in our community -and throughout the region. Leadership Sponsor Alliance Business As noted in a recent survey conducted by the Florida Chamber of Development Partners Commerce, workforce quality was the #1 issue for Florida small business Armour Capital owners. Over the years, the School District has reached out to our Management LP business community in determining and providing the skill sets needed to CenterState Bank fill local job openings. A larger and centrally located facility is proposed, Coldwell Banker along with new training modules, which can build upon these successful Paradise -Ed Schlitt, L.C. training programs and strengthen our domestic and global competitiveness. Realtors Corrigan Ranch In a county that experienced double-digit unemployment and currently has the 8th highest unemployment rate in Florida, this is an excellent strategy to George E. Warren Corp. ensure a future and sustainable workforce. Thank you for your time and Northern Trust Bank consideration. Oculina Bank Si cerely, Helene Caseltine, CEcD Economic Development Director Indian River County Chamber of Commerce 1216 21st Street, Vero Beach, F! 32960 1 Phone: 772-567-3491 1 directored@indianrivered.com I. . Piper John Colcagno, CRA Chief Financial Officer March 1, 2018 Peter Antonacci President & CEO Enterprise Florida Florida Secretary of Commerce 101 N Madison Street Ste 1000 Tallahassee FL 32301 Re: Florida Job Growth Grant Fund Public Infrastructure Grant Dear Mr. Antonacci, The letter is being written in support of the School District of Indian River County's grant proposal for the "Expansion of the Technical Center for Career and Adult Education" project under the Florida Job Growth Grant Fund. This project will provide immediate access to training and education in high need, high wage jobs. Unfortunately, there is not a postsecondary institution in our community that offers these training programs, so the School District is stepping up to meet these needs. The School District project centers on the relocation and expansion of its current technical center. The center already offers career paths in the Healthcare field, to include a licensed practical nursing program (LPN), as well as Phlebotomy, medical coder biller, and several other health related licenses. The expansion will now provide industrial workforce training, such as welding and building construction technologies, including plumbing, electrical, carpentry and HVAC. These programs will be available to high school students through a dual enrollment agreement and to adults in our community. I believe that the School District's expansion of its Technical Center will promote economic diversity by serving students of any age, race or economic class. It will provide a pathway out of poverty for residents who have been unable to access workforce training programs in the past. Job training will lead to employment in a job market searching for a skilled workforce and growth for local businesses with the added benefit of financial stability for families. As the single largest employer in Indian River County, Piper Aircraft is always seeking skilled individuals to join our team and having an expanded technical center will have a positive effect on our labor force. I believe this project is vital to the betterment of our community, local businesses and our students. Sincerely yours, PIPER AIRCRAFT, INC. ohn Calcagno, C.P.A. Chief Financial Officer 2926 Piper Drive Vero Beach FL 32960 V . AA, Pil5e John Calcagno, CRA Chief Financial Officer March 1, 2018 Cissy Proctor Executive Director, Florida Dept, of E.O. 107 E. Madison Street MSC 110 Tallahassee FL 32399-4120 Re: Florida Job Growth Grant Fund Public Infrastructure Grant Dear Ms. Proctor The letter is being written in support of the School District of Indian River County's grant proposal for the "Expansion of the Technical Center for Career and Adult Education" project under the Florida Job Growth Grant Fund. This project will provide immediate access to training and education in high need, high wage jobs. Unfortunately, there is not a postsecondary institution in our community that offers these training programs, so the School District is stepping up to meet these needs. The School District project centers on the relocation and expansion of its current technical center. The center already offers career paths in the Healthcare field, to include a licensed practical nursing program (LPN), as well as Phlebotomy, medical coder biller, and several other health related licenses. The expansion will now provide industrial workforce training, such as welding and building construction technologies, including plumbing, electrical, carpentry and HVAC. These programs will be available to high school students through a dual enrollment agreement and to adults in our community. I believe that the School District's expansion of its Technical Center will promote economic diversity by serving students of any age, race or economic class. It will provide a pathway out of poverty for residents who have been unable to access workforce training programs in the past. Job training will lead to employment in a job market searching for a skilled workforce and growth for local businesses with the added benefit of financial stability for families. As the single largest employer in Indian River County, Piper Aircraft is always seeking skilled individuals to join our team and having an expanded technical center will have a positive effect on our labor force. I believe this project is vital to the betterment of our community, local businesses and our students. Sincerely yours, PIPER AIRCRAFT, INC. John Calcagno, C.P.A. Chief Financial Officer 2926 Piper Drive Vero Beach FL 32960 6,f1 - 7A. PROCLAMATION HONORING KENNETH BLEAKLEY ON HIS RETIREMENT FROM INDJANRIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WHEREAS, Kenneth Bleakley began his career in public service with Indian River County as a Firefighter on April 2,1988; and, WHEREAS, within a little over a decade, he achieved his Emergency Medical Technician certification along with many others including Dive Rescue, Hazardous Materials and Company Officer Leadership as well as being promoted in 1992 to Driver/Engineer status and by December 1999, Kenneth Bleakley attained the status of Lieutenant in which capacity he continued until his retirement; and, WHEREAS, Kenneth Bleakley retired on February 21, 2018 after thirty years of Honorable, distinctive and seffless service. Throughout his career, his devotion to his profession, his employer, the citizens of Indian River County and his co-workers alike, was always evident; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Kenneth Bleakley's efforts and expresses their deepest gratitude for the dedicated service he has given to Indian River County for the last thirty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend their best wishes for success in all Itis future endeavors. Acknowledged this twenty-first day of February, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA �'� z) % Peter D. O'Bryan hairman INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois, AICP Chief of Environmental Planning and Code Enforcement DATE: February 23, 2018 SUBJECT: Notice of Upcoming FEMA Open House for Public Review of Proposed Revisions to Certain Flood Insurance Rate Maps in Indian River County It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 6, 2018. BACKGROUND In Indian River County and elsewhere, Flood Insurance Rate Maps (FIRMS) identify the location of Special Flood Hazard Areas (SFHAs) which are based on 100 -year floodplains. Those flood maps are used regularly by the public for flood insurance purposes and by county staff in regulating development in SFHAs. In 2012, after a number of public workshops and meetings, Indian River County's FIRMS were updated as part of a nationwide "map modernization project" undertaken by FEMA. The map modernization process entailed assessment of current available flood studies and use of up-to-date high resolution aerials to revise the County's flood maps to be more accurate and useable in depicting flood zones. Over the past several years, FEMA has conducted and is now completing two flood risk study projects that affect flood hazard areas identified in Indian River County. Those projects are titled as follows: • Coastal Flood Risk Study for the East Coast Central Florida Study Area; and • Levee Analysis and Mapping Procedure (LAMP) analysis and mapping for central Indian River County. As a result of the two projects, a number of FIRMS encompassing central and coastal Indian River County are being revised to reflect findings of the projects (see map, Attachment 2). The proposed revisions remove some properties and add other properties to designated flood hazard areas, with more properties being removed than added (example: Vero Lake Estates). Open House for Review of New Flood Hazard Maps FEMA, in coordination with County staff and School District staff, has scheduled and is hosting an Open House on March 21, 2018 at Sebastian River High School for the public to attend and learn about the proposed flood hazard map revisions. A notice of the Open House has been placed on Indian River County's website home page (ircgov.com), and County GIS staff are developing a map application to post on the website for the public to access and review the proposed revisions on-line. 3 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B80D07AO\@BCL@B80D07AO.rtf Public Open House Wednesday, March 21, 2018,4:00 p.m. — 7:00 p.m. Sebastian River Senior High School Cafeteria 9001 Shark Boulevard, Sebastian FL Attachments 1, 2 and 3 to this memorandum provide more information about the scheduled Open House. RECOMMENDATION No action is required or recommended; this notice is for informational purposes only. ATTACHMENTS 1. Notice of Open House. 2. Map of area with proposed FIRM revisions. 3. February 16, 2018 FEMA letter. 4 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B8ODO7AO\@BCL@B8ODO7AO.rtf Public Open House to Highlight Changes to Flood Risk and Introduce Proposed New Flood Hazard Maps If you live or do business in the following areas, your flood risk may have changed: • Unincorporated Areas of Indian River County • City of Fellsmere • Town of Indian River Shores • Town of Orchid • City of Sebastian • City of Vero Beach Learn about your risk of flooding, what the new flood hazard maps mean to you, and steps you can take to protect yourself from the extensive damage that floods often cause. Public Open House Schedule Wednesday, March 21, 2018 4:OOPM — 7:00 PM EST Sebastian River Senior High School Cafeteria 9001 Shark Boulevard Sebastian, FL 32958 Community officials and representatives of the Federal Emergency Management Agency, Florida Division of Emergency Management, and the FEMA Engineering Study Contractor will be on hand to answer your questions. Please contact Roland DeBlois at, 772-226-1258 or David Hays at 772-226-1596 to learn more. Area of Flood Insurance Rate Map (FIRM) revisions HID )F [VER River/ Jastal Val., Ocean m Sebastian Creek 01011 01027. 0101. CITY OF SEBASTIAN 12/480H 0085J TOWN OF ORI /1 120123 - \.1 o 0104! 120122 `0108) 0025H 0050H'- l 0075H - -- - - •; )-!Hier. &-'reek 12/4/2012 12/4/2012. 1.2/4'/101'2 Sn+uhtlNronK i� A'0'�L 0095) ura,2ou 1 �1tiJ1187 WN 10090'!' AN Rrl"V— 0069! 0093) 0896! 0117 0114) t1HORF aj O1A, 0119CITY OF FELLSMERE , 1120121 120120 ,^� oz02J 02o09T ozoiii o22a1 Frkcam r,F{�u,enviii1 02271 02711 023x!1 o2s1J• /ndiar lnt,'ar: HUG8 03'0.80101' r1/ueCVnCrceek r--- t O204JT \ 0206:1 009! 1 H'UC8'' 0228) 03 02-J 1\\233"J \_ 02,4! 0151H Upper.S`t. Johns 0175H' 0200H� �0205J? VYirte,- \0213J 12/4/2012 12/4/2012 12/4/2012' ,itran,i ' Vero B ach 1 o2aiH 0216!1 0217i 0238) 0237H, 1iwnou� 12/4/2812 '0242! .. -i.� ' _h 0261) INDIAN RIVER COUNTY 021'SJ . :Lj _ -- —_--- - 120119 - — 0218:1 0219) 0238.1' U2I9H', tua2o12. 02-. 0243H 0244) -tuanol2! �2. '0336H � r'� �0777J CITY' OF 03s2H' VERO.BEACH i2N/2012 0337.1 12=2012 �ae're> 0378!. `1'20124' �0333H 121412012 _ �•a 9J �o 0300H - - - 0325H _ - - 0350H 141201- 52tar2o12 ��ols9J 214120 i2raimlz j\ t d� 1 12/4/2012 _ _ _ .- 12/4/2012 _ _- -_ _ _12/4/20:12___0365H HU C8 03080203 Vero Beach 12/4/2012 0370H 12!4/2012 0390J Area of Flood Insurance Rate Map (FIRM) revisions HID )F [VER River/ Jastal Val., Ocean m U.S. Department of Homeland Security February 16, 2018 The Honorable Peter D. O'Bryan Chairman, Indian River County Board of County Commissioners Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, FL 32960-3388 Subject: Consultation Coordination Officer Meeting and Public Open House for Indian River County, Florida Dear Chairman O'Bryan: A Consultation Coordination Officer (CCO) Meeting and a Flood Risk Open House to discuss the Preliminary Flood Insurance Study (FIS) for your community are scheduled for Wednesday, March 21, 2018, at the times and venues shown below. Representatives from Federal Emergency Management Agency (FEMA) Region IV, the Florida Division of Emergency Management (FDEM), and the FEMA Engineering Study Contractor will be present and conduct the meeting. On September 29, 2017, copies of the Preliminary Flood Insurance Rate Map (FIRM) and associated FIS report were distributed to your community. The Preliminary FIRM and associated FIS report reflect the results of two projects — the Coastal Flood Risk Study for the East Coast Central Florida Study Area and a Levee Analysis and Mapping Procedure analysis and mapping project for central Indian River County. An important and necessary component of our mapping process is to offer an opportunity for you, other local officials, and your citizens to review the FIRM and FIS report. In our September 29 letter, we requested that your community compare your current effective FIRM with the Preliminary FIRM and make note of any changes which may affect your citizens. This would enable you to make appropriate notifications to residents. Information on the two sessions scheduled for March 21, the first to be attended by local officials and the second for the public, is provided below. The residents and business owners of Indian River County and Incorporated Areas are invited to attend the Flood Risk Open House to learn how and why the local risk of flooding has changed, how the proposed new FIRMS will be used, and steps they can take to protect themselves from the extensive damage that floods often cause. At the Flood Risk Open House, community officials and representatives of FEMA, FDEM, and the FEMA Engineering Study Contractors (BakerAECOM and Compass) will be on hand to answer questions about flood risk changes and review the proposed new FIRM panels. They will also help residents and businesses determine if their property may be subject to any related insurance requirements and explain how property owners affected by the change may be able to reduce future insurance costs. The format of the Flood Risk Open Houses is very informal. No presentations are made and there are no formal questions or statements from the public. 7 Region N 3003 Chamblee -Tucker Road OFPA�Fti Atlanta, Georgia 30341 'FEMA0�6t v^ qND SE February 16, 2018 The Honorable Peter D. O'Bryan Chairman, Indian River County Board of County Commissioners Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, FL 32960-3388 Subject: Consultation Coordination Officer Meeting and Public Open House for Indian River County, Florida Dear Chairman O'Bryan: A Consultation Coordination Officer (CCO) Meeting and a Flood Risk Open House to discuss the Preliminary Flood Insurance Study (FIS) for your community are scheduled for Wednesday, March 21, 2018, at the times and venues shown below. Representatives from Federal Emergency Management Agency (FEMA) Region IV, the Florida Division of Emergency Management (FDEM), and the FEMA Engineering Study Contractor will be present and conduct the meeting. On September 29, 2017, copies of the Preliminary Flood Insurance Rate Map (FIRM) and associated FIS report were distributed to your community. The Preliminary FIRM and associated FIS report reflect the results of two projects — the Coastal Flood Risk Study for the East Coast Central Florida Study Area and a Levee Analysis and Mapping Procedure analysis and mapping project for central Indian River County. An important and necessary component of our mapping process is to offer an opportunity for you, other local officials, and your citizens to review the FIRM and FIS report. In our September 29 letter, we requested that your community compare your current effective FIRM with the Preliminary FIRM and make note of any changes which may affect your citizens. This would enable you to make appropriate notifications to residents. Information on the two sessions scheduled for March 21, the first to be attended by local officials and the second for the public, is provided below. The residents and business owners of Indian River County and Incorporated Areas are invited to attend the Flood Risk Open House to learn how and why the local risk of flooding has changed, how the proposed new FIRMS will be used, and steps they can take to protect themselves from the extensive damage that floods often cause. At the Flood Risk Open House, community officials and representatives of FEMA, FDEM, and the FEMA Engineering Study Contractors (BakerAECOM and Compass) will be on hand to answer questions about flood risk changes and review the proposed new FIRM panels. They will also help residents and businesses determine if their property may be subject to any related insurance requirements and explain how property owners affected by the change may be able to reduce future insurance costs. The format of the Flood Risk Open Houses is very informal. No presentations are made and there are no formal questions or statements from the public. 7 We encourage you to publicize this event to reach homeowners, insurance agents, developers, representatives of lending institutions, or anyone who may be impacted by the proposed new FIRM. A sample Open House advertisement is enclosed for your use. Indian River County Local Officials Meeting Indian River County Flood Risk Open House Date: Wednesday, March 21, 2018 Date: Wednesday, March 21, 2018 Time: 10:00 AM —12:00 PM EST Time: 4:00 PM — 7:00 PM EST Place: Indian River County Administration Place: Sebastian River High School Complex Cafeteria Community Development Conference 9001 Shark Boulevard Room Sebastian, FL 32958 1801 27th Street, Building A, 1 st Floor Vero Beach, FL 32960 The Preliminary FIS will be subject to a 90 -day review and appeal period, which will begin approximately 1 month after the CCO Meeting and Open House are held. If any appeals or other comments are received during that time, FEMA will review and resolve them before initiating the subsequent 6 -month adoption/compliance period. Therefore, it will take at least 9 months, from the beginning of the 90 -day appeal period to the end of the adoption/compliance period, before the Preliminary FIRM and FIS report become effective for lending and insurance purposes. The appeal and comment process will be discussed during the CCO Meeting with community officials. It is important that your floodplain administrator and representatives of the building/permitting department, planning and engineering offices attend the CCO Meeting. You may also wish to consider inviting other elected officials to that meeting so that they may be apprised of the forthcoming changes to the FIRM and FIS report. The Preliminary FIS is considered an update to the current effective FIS. This revised study, when it becomes effective, may result in increases and/or decreases to the regulatory flood elevations and/or the widths of the floodplains, depending on the identified flooding conditions. The Preliminary FIS will be the basis for your community's continued application and enforcement of all local floodplain management regulations required in conjunction with the participation criteria of the National Flood Insurance Program (NFIP). Revisions to your community's existing floodplain management ordinance may be necessary to incorporate changes. In addition, before the new FIRM and FIS report become effective, your community's ordinance will need to be updated to reference the new effective date. Your local ordinance requires that any study data be used as "best available data." The study should be considered "best available data" in the following instances: 1. When development is proposed within any newly identified Special Flood Hazard Area (SFHA) on the Preliminary FIRM, but shown outside of a currently effective SFHA on the current effective FIRM. 2. Where a Base Flood Elevation (BFE) is shown on the Preliminary FIRM, in areas presently shown as an unnumbered A zone with no elevations on the current effective FIRM. 3. Where BFEs on the Preliminary FIRM exceed those identified on the currently effective FIRM, the elevation should be used for regulatory purposes. We encourage you to visit the FEMA website, which may be accessed at www.fema.gov. A great deal of information is available regarding the many Agency programs, its structure, purpose, and operation. We appreciate your cooperation in this matter, and look forward to meeting with you. If you have questions or need additional information, please contact Chris Mack, the BakerAECOM Project Manager, at 843-302-8712, or the FEMA Region IV Project Officer assigned to your community, at 770-220-5406. Sincerely, Kristen M. Martinenza, P.E., CFM, Chief Risk Analysis Branch FEMA Region IV Enclosure Open House Sample Advertisement cc: Stan Boling, Community Development Director Steve Martin, State NFIP Coordinator, FDEM 9 7a. 'DOCUMENT NO. 01514-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of renewable DOCKET NO. 20170226 -EQ energy tariff and standard offer contract, by ORDER NO. PSC -2018 -0085 -PAA -EQ Florida Power & Light Com an . ISSUED: February 19, 2018 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK NOTICE OF PROPOSED AGENCY ACTION ORDER APPROVING FLORIDA POWER & LIGHT COMPANY'S REVISED RENEWABLE ENERGY TARIFF AND STANDARD OFFER CONTRACT BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029, Florida Administrative Code (F.A.C.). Background Section 366.91(3), Florida Statutes (F.S.), requires that each investor-owned utility (IOU) continuously offers to purchase capacity and energy from renewable generating facilities and small qualifying facilities. The Florida Public Service Commission (Commission) Rules 25- 17.200 through 25-17.310, F.A.C., implement the statute and requires each IOU to file with the Commission, by April 1 of each year, a revised standard offer contract based on the next avoidable fossil fueled generating unit of each technology type identified in the utility's current Ten -Year Site Plan. On July 18, 2017, a final Commission Order was filed approving Florida Power & Light Company's (FPL's) standard offer contract with the Dania Beach Clean Energy Center denoted as its avoided unit.' Pursuant to Rule 25-17.250(2)(a)2, F.A.C., a standard offer contract should remain open until the utility files a petition for a need determination for the avoided unit. On October 20, 2017, FPL filed a petition for a determination of need for the Dania Beach Clean Energy Center, the 2022 avoidable unit identified in FPL's current Ten -Year Site Plan and the basis for the standard offer contract approved in Docket No. 20170077 -EQ, as well as a petition for approval 'Order No. PSC -2017 -0278 -PAA -EQ, issued July 18, 2017, in Docket No. 20170077 -EQ, In re: Petition for approval of renewable energy tariand standard offer contract, by Florida Power & Light Company. ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 2 standard offer contract approved in Docket No. 20170077 -EQ, as well as a petition for approval of its revised standard offer contract and rate schedule. On December 22, 2017, FPL filed an amended petition correcting the expected in-service date of the specified avoided unit. We have jurisdiction over this standard offer contract pursuant to Sections 366.04 through 366.06, and 366.91, F.S. Review Rule 25-17.250, F.A.C., requires that FPL, an IOU, continuously make available a standard offer contract for the purchase of firm capacity and energy from renewable generating. facilities (RF) and small qualifying facilities (QF) with design capacities of 100 kilowatts (kW) or less. Pursuant to Rules 25-17.250(1) and (3), F.A.C., the standard offer contract must provide a term of at least 10 years, and the payment terms must be based on the utility's next avoidable fossil -fueled generating unit identified in its most recent Ten -Year Site Plan or, if no avoided unit is identified, its next avoidable planned purchase. Due to FPL's recent need determination filing, its 2017 Ten -Year Site Plan no longer includes any avoidable fossil fueled generating units. In addition, there are not any long term planned purchases to be avoided or deferred during the 2017-2026 planning period. As a result, FPL could opt to offer only a standard contract for energy payments based on its as -available energy cost. However, in an effort to encourage renewable generation, FPL has identified its next avoidable unit which is a 1,752 megawatt (MW) natural gas-fired combined cycle (CC) unit at a greenfield site with an expected in-service date of June 1, 2028. To reflect the new avoidable unit, cost data has been revised in FPL's standard offer contract. We have approved using a unit outside of the Ten -Year Site Plan planning period previously.2 The RF/QF operator may elect to make no commitment as to the quantity or timing of its deliveries to FPL, and to have a committed capacity of zero (0) MW. Under such a scenario, the energy is delivered on an as -available basis and the operator receives only an energy payment. Alternatively, the RF/QF operator may elect to commit to certain minimum performance requirements based on the identified avoided unit, such as being operational and delivering an agreed upon amount of capacity by the in-service date of the avoided unit, and thereby becomes eligible for capacity payments in addition to payments received for energy. The standard offer contract may also serve as a starting point for negotiation of contract terms by providing payment information to an RF/QF operator, in a situation where one or both parties desire particular contract terms other than those established in the standard offer. In order to promote renewable generation, we require the IOU to offer multiple options for capacity payments, including the options to receive early or levelized payments. If the RF/QF operator elects to receive capacity payments under the normal or levelized contract options, it will receive as -available energy payments only until the in-service date of the avoided unit (in this case June 1, 2028), and thereafter, begin receiving capacity payments in addition to the energy payments. If either the early or early levelized option is selected, then the operator will 2Order No. PSC -13 -0322 -PAA -EQ, issued July 12, 2013, in Docket No. 130072 -EQ, In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. q.2 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE begin receiving capacity payments earlier than the in-service date of the avoided unit. However, payments made under the early capacity payment options tend to be lower in the later years of the contract term because the net present value (NPV) of the total payments must remain equal for all contract payment options. Table 1 below contains FPL's estimates of the annual payments for each payment option available under the revised standard offer contract. It assumes an operator with a 50 MW facility, operating at a capacity factor of 94 percent, which is the minimum capacity factor required under the contract to qualify for full capacity payments. Normal and levelized capacity payments begin in 2028, reflecting the projected in-service date of the avoided CC unit (June 1, 2028). Table 1- Estimated Annual Payments to a 50 MW Renewable Facility (94% Capacity Factor) Source: FPL's Response to Our Second Data Request 3Document No. 00228-2018, filed January 10, 2018, in Docket No. 20170226 -EQ. Energy Payment Capacity Payment Normal (By Type) Levelized Early Early Levelized Year $(000) $ 000 $(000) $(000) $ 000 2018 11,440 - - - - 2019 13,394 - - - - 2020 10,973 - - - - 2021 11,645 - - - - 2022 10,885 - - - - 2023 11,133 - -- - 2024 12,500 - - 2,534 2,905 2025 12,420 - - 2,598 2,905 2026 13,715 - - 2,663 2,905 2027 14,649 - - 2,729 2,905 2028 13,941 4,354 4,806 2,797 2,905 2029 15,373 4,463 4,806 2,867 2,905 2030 14,989 4,574 4,806 2,939 2,905 2031 15,169 4,689 4,806 3,013 2,905 2032 15,902 4,806 4,806 3,088 2,905 2033 16,620 4,926 4,806 3,165 2,905 2034 15,600 5,049 4,806 3,244 2,905 2035 16,001 55175 4,806 3,325 2,905 2036 16,495 5,605 4,806 3,408 2,905 2037 16,657 5,437 4,806 4,494 2,905 Total 279,501 48,777 48,061 41,864 40,668 NPV (2018$) 134,265 15,847 15,847 15,847 15,847 Source: FPL's Response to Our Second Data Request 3Document No. 00228-2018, filed January 10, 2018, in Docket No. 20170226 -EQ. ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 4 FPL's revised renewable energy tariff and standard offer contract, in type -and -strike format, are included as Attachment A to this Order. Revisions include updates to the avoided unit, dates, and payment information which reflect the current economic and financial assumptions for the avoided unit costs. Decision The provisions of FPL's revised renewable energy tariff and standard offer contract conform to the requirements of Rules 25-17.200 through 25-17.310, F.A.C. FPL does not have any avoidable fossil fueled generating units or avoidable power purchases in the upcoming 10 - year planning period. However, FPL has identified its next avoidable unit rather than offer only energy payments in its standard offer contract. FPL's revised standard offer contract provides flexibility in the arrangement for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. We find that FPL's revised renewable energy tariff and standard offer contract shall be approved as filed. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's revised renewable energy tariff and standard offer contract is hereby approved as filed. It is further ORDERED that the provisions of this Order, issued as a proposed agency action, shall become final and effective upon the issuance of a Consummating Order unless an appropriate petition, in the form provided by Rule 28-106.201, F.A.C., is received by the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on the date set forth in the "Notice of Further Proceedings" attached hereto. It is further ORDERED that potential signatories shall be aware that if a timely protest is filed, Florida Power & Light Company's standard offer contract may subsequently be revised. It is further ORDERED that in the event that this Order becomes final, this docket shall be closed. ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGES Kill By ORDER of the Florida Public Service Commission this 19th day of February, 2018. 115 HONG WANG Chief Deputy Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on March 12, 2018. In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order. 91-5 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 6 Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. q-6 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 7 NkA Terdh Revised Sheet No. 9.030 FIMIDA POWER & idGHT COMPANY Cancels FfththNinth Sheet Nm 9.030 STANDARD OFFER CONTRACT FOR THE PURCHASE OF CAPACITY AND ENERGY FROM A RENEWABLE ENERGY FACILITY OR A QUALIFYING FACILITY WITH A DESIGN CAPACITY OF 100 KW OR LESS (3=2028 AVOIDED UNIT) THIS STANDARD OFFER CONIRAC1' (the "Contract') is made and entered this day of — by and between (herein after "Qualified Scller" or "QS") a corporation/limited liability company organized and existing under the laws of the State of and owner of a Renewable Energy Facility as defined in section 25-17.210 (1) F.A.C. or a Qualifying Facility with a design capacity of 100 KW or less as defined in section 25-17.250, and Florida Power & Light Company (hereinafter "FPI.") a corporation organized and existing under the laws of the State of Florida. The QS and FPL shall be jointly identified herein as the `Parties". This Contract contains five Appendices; Appendix A. QS -2 Standard Rate for Purchase of Capacity and Energy; Appendix B. Pay for Performance provisions; Appendix C, Termination Fee; Appendix D. Detailed Project Information and Appendix E, contract options to be selected by QS. WITNESSETH: WHEREAS, the QS desires to sell and deliver, and FPL desires to purchase and receive, firm capacity and energy to be generated by the QS consistent with the terms of this Contract, Section 366.91, Florida Statutes, and/or Florida Public Service Commission ("FPSC) Rules 25-17.082 through 25-17.091. F.A.C. and FPSC Rules 25-17.200 through 25.17.310.F.A.C. WHEREAS. the QS has signed an interconnection agreement with FPL (the `Interconnection Agreement",), or it has entered into valid and enforceable intcrconncction/transmission service agrcement(s) with the utility (or those utilities) whose transmission facilities are necessary for delivering the firm capacity and energy to FPL (the "Wheeling Agreement(s)'); WHEREAS. the FPSC has approved the form of this Standard Offer Contract for the Purchase of Firm Capacity and Energy from a Renewable Fnergy Facility or a Qualify=ing Facility with a design capacity of 100 KW or less: and WHEREAS, the Facility is capable of delivering firm capacity and energy to FPL for the term of this Contract in a manner consistent with the provisions of this Contract; and WHEREAS. Section 366.91(3), Florida Statutes, provides that the `prudent and reasonable costs associated with a QS energy contract shall be recovered from the ratepayers of the contracting utility, without differentiating among customer classes, through the appropriate cost -recovery clause mechanism" administered by the FPSC. NOW, THEREFORE, for mutual consideration the Parties agree as follows: (Continued on Sheet No. 9.031) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: duly -13,8}7 W 1 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 8 Second Revised Sheet No. 9.031 FLORIDA POWER & LIGffr COAPANY Cancels First Sheet No. 9.031 (Continued from Shcctl\lo. 9.030) 1. QS Facility The QS contemplates, installing operating and maintaining a KVA generating facility located at (hereinafter called the "Facility'). The Facility is designed to produce a maximum of kilowatts ("KW") of electric power at an 85% lagging to 85% leading power factor. The Facility's location and generation capabilities are as described in the table below. TECHNOI )GY AND GENERATOR CAPABILIT10% Location: Specific legal description (e.g., metes and bounds or other legal description with street address required) City: County: Generator l'ype (Induction or Synchronous) Type of Facility (Hydrogen produced from sources other than fossil fuels, biomass as derined in Section 25-17.210 (2) F.A.C. , solar energy, geothermal energy, wind energy, ocean energy, hydroelectric power, waste heat from sulfuric acid manufacturing operations: or <100KAV cogenerator) Technology Fuel Type and Source Generator Rating (k -VA) Maximum Capability (K11j Minimum Load Pealdng Capability Net Output (KW) Power Factor (%) Operating Voltage (kV) Peak Internal Load K1V The following sections (a) through (e) are applicable to Renewable Energy Facilities ("1117e) and section (e) is only applicable to Qualifying Facilities with a design capacity of 100 KW or less: (a) If the QS is a REF, the QS represents and warrants that (i) the sole source(s) of fuel or power used by the Facility to produce energy for sale to FI'L during the term of this Contract shall be such sources as are defined in and provided for pursuant to Sections 366.91(2) (a) and (b), Florida Statutes, and FPSC Rules 25-17.210(1) and (2), F.A.C.; (ii) Fossil fuels shall be limited to the minimum quantities necessary for start-up, shut -down and for operating stability at minimum load; and (iii) the REF is capable of generating the amount of capacity pursuant to Section 5 of this Agreement without the use of fossil fuels. (b) The Parties agree and acknowledge that if the QS is a REF, the QS will not charge for, and FPL shall have no obligation to pay for, any electrical energy produced by the Facility from a source of fuel or power except ati specifically provided for in paragraph 1(a) above. (Continued on Sheet No. 9.032) Effective: July 13, 2017 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 9 i&veeihTwet th Revised Sheet No. 9.032 F'IX)RIDA POWER & iJGHT COMPANY Cancels TrnthFleventh Revised Sheet No. 9.032 (Confirmed fiom Sheet No. 9.031) (c) If the QS is a REF, the QS shall, on an annual basis and within thirty (30) days after the anniversary dale of this Contract armd on an annual basis thereafter for the term of this Contract, deliver to FPL a report certified by an officer of the QS; (i) stating the type and amount of each source of fuel or power used by the QS to produce energy during die twelve month period prior to the anniversary date (the "Contract Year); and (ii) verifying that one hundred percent ('100%) of all energy sold by the QS to FPL during the Contract Year complies with Sections 1(a) and (b) of this Contract. (d) If the QS is a REF, the QS represents and warrants that the Facility meets the renewable energy requirements of Section 366.91(2)(a) and (b), Florida Statutes, and FPSC Rules 25-17.210(1) and (2)-, F.A.C., and that the QS shall continue to meet such requirements throughout the term of this Contract, FPL shall have the right at all times to inspect the Facility and to examine any books, records, or other documents of the QS that FPL deems necessary to verify, that the Facility meets such requirements. (e) The Facility (i) has been certified or has self -certified as a "qualifying facility" pursuant to due Regulations of the Federal Energy Regulatory Commission ("FERC'), or (ii) has been certified by the FPSC as a "gixdiNdrtg facility" pursuant to Rule 25-19.080(1). A QS that is a qualifying facility with a design capacity of less than 100 KW shall maintain Ute -qualifying status" of the Facility throughout the term of this Contract. FPL shall have the right at all times to inspect the Facility and to exmrnne may books and records or otter documents of the Facility that FPL deems necessary to verify the Facility's qualifyingg stains. On or before March 31 of each year during the form of this Contract, the QS shall protide to FPL a certificate signed by an officer of the QS certifying that the Facility has continuously maintained qualifying status. Term of Contract Except as otherwise provided herein, this Contract shall become effective immediately upon its execution by the Parties (the "Effective Date") and shall have the temnnation date stated in Appendix E, unless terminated earlier in accordance widt Ute provisions lmereef. Notwithstanding the foregoing, if the Capacity Delivery Date (as defined in Section 5.5) of Ole Facility is not accomplished by the QS before Juan 1, 482.2--2¢28 or such later date as may be pennitted by FPL pursuant to Section 5 of this Contract, FPL %till be permitted to terminate this Contract consistent with the terms herein without finther obligations, duties or liability to the QS. Minimums Specifications Following are the minimum specifications pertaining to this Contract: The avoided unit ("Avoided Unit') on which this Contract is lased is detailed in Apperulix A. This offer stall e.%*e on April 1, 2018. 3. The date by which firm capacity and energy deliveries from the QS to FPL shall commence is the in-service date of the Avoided Unit (or such later dale as may be permitted by PPL pursuant to Section 5 of this contract) unless the QS chooses a capacity payment option that provides for early capacity payments pursuant to the terns of this Contract- 4. ontract 4. The period of time over which firm capacity and crucr;y shall be delivered from the QS to F1'L is as specified in Appendix E; provided, such period shall he no less than a minimum often (10) years alter the in-service dttc of the Avoided Unit. 5. The following are the minimman pefomrance standard+ for the delivery of firm capacity and cncrpy by the QS to qualify for full capacity payments under this Contract: On Peak * All Hours Availability 94.0% 94.0% w QS Perfammanee and On Peak hours shall be as measured and/or described in FPL's Rate Sclmechdc QS -2 attached hereto as Appandix A (Continued on Sheet No. 9.032.1) Issued by: S F. Romig, Director, Rates and Tariffs Effective: july lj,'2017 4 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 10 FLORIDA POWER & LIGHTCOMPANY (Continuod from Sheet No. 9.032) 3.2 QS, at no cost to FPL, shall be responsible to: Fast Revised Sheet No. 9.037.1 Cancels Original SheetNo. 9.032.1 3.2.1 Design, construct, and maintain the Facility in accordance with this Contract, applicable law, regulatory, and governmental approvals, any requirements of warranty agreements or similar agreements, prudent industry practice, insurance policies, and the Interconnection Agreement or Wheeling Agreement. 3.2.2 Perform all studies, pay all fees, obtain all necessary approvals and execute all necessary agreements (including the Interconnection Agreement or the Whecling Agreement(,)) in order to schedule and deliver the firm capacity and energy to FPL. 3.2.3 Obtain and maintain all pernuts, certifications, licenses, consents or approvals ofany governmental or regulatory authority necessary for the construction, operation, and maintenance ofthe Facility (the "Permits"). QS shall keep FPL reasonably unformed as to the status of its permitting efforts and shall promptly inform FPL of any Permits it is unable to obtain, that are delayed, limited, suspended, terminated, or otherwise constrained in a way that coidd Innrl, reduce, interfere witl5 or preclude QS's abilily to perform its obligations under this Contract (including a statement of whether and to what extent this circumstance maylimit or preclude QS's ability to perform under this Contract.) 3.2.4 Demonstrate to rPL's reasonable satisfaction that QS has established Site Control, an agreement for the ownership or lease of thc Facility's site, for the Tern of thc Contract. 3.2.5 Complete all criviroruncrital impact studies and conhply with applicable ct virommatal laws necessary for the construction, operation, and maintenance of the Facility. 3.2.6 At FPL's request, provide to FPL electrical specifications and design drawings pertaining to the Facility for FPL's review prior to finali2ing design of the Facility and before beginnitig construction work based on such specifications and drawings, provided FP1.is rctiicw ofsuch specifications and design shall not be construed w endorsing the specification, and design thereof; or as any express of implied warranties, including performance, safety, durability or reliability of thc Facility. QS shall provide to F1'I, reasonable advance notice of any changes in the Facility and provide to FPL specificatioin ant dcsipi dnnviiigs of any:sudi changes. 3.2,7 �Ythin fifteen (15) days after the close of each month from the first month following the Effective Date until the Capacity Delivery Date, provide to FPL a monthly progress report (m a form reasonably satisfactory to FPL) amid agree to regularly xchc(hdcd meetings behaeen representatives of QS and FPI. to review such monthly reports and discuss QS's construction progress. The Monthly Progress Report slmll indicate whether QS is on target to meet the Capacity Delivery Date. If, for any reason, FPi, has reason to believe that QS may fail to achieve die Capacity Delivery Date, then, upon FPL's request, QS shall submit to FPL, within tell (10) business days of such request, a remedial action plan CRemedial Action Plan) tial sets forth a detailed description of QS's proposed course of action to promptly achieve the Capacity Delivery Date. Ddivcry of a Remedial Action Plan does not relieve QS of its obligation to met the Capacity Ddivcry Date. 3.3 FPL shall have the right, but not the obligation, to: 3.3.1 Inspect during business hours upon reasonable notice, or obtain copies of all Permits held by QS. 3.3.2 Consistent with Section 3.2.6. notify QS in writing of the results of the review within thirty (30) day. of PPL's receipt ofall specifications for the Facility, including a description of any Daws perceived by FPL in the design. 3.3.3 Inspect aIle Facility's construction site or on-site QS data and infomration pertaining to tic Facility during busine,s hours upon reasonable notice. (Continued on Sheet No. 9.033) Issued by: S. F- Romig, Director, Rales and Tariffs Effective: September 13, 2016 M ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 11 (Continued from Sheet No. 9.032.1) Sate of Energy and Capacity by the QS Eighth Revised Sheet No. 9.033 .ancels Seventh Sheet Na 9.033 4.1 Consistent with the tcmis hereof, the QS shall sell and deliver to FPL and FPI, shall purchase and receive from the QS at the Delivery Pond (defined below) all of thc energy and firth capacity generated by the Facility. FPL shall have the sole and crchmive tight to purchase all energy and capacity produced by the Facility. The purchase and sale of energy and firm capacity pursuant to this Contract shall be a( ) net billing arrangement or ( ) simultaneous purchase and sale arrangement; provided, however, tat no such arrangement shall cause the QS to sell more energy and firm capacity than the Facility's net output. The billing methodology may be changed at the option of the QS, Subject to the provisions cf FPL Rate Schedule QS -2. For purposes of thus Contract, Delivery Point shall be defined as either: (a) the point of interconnection between M.'s system and the tran_ertission sy,tem of the final utility transmitting energy and firm capacity from the Facility to the FPL system, as specifically described in Ute applicable Wheeling Agiventent, or (b) the point of interconnection between the Facility and PPI: s transmission system, as specifically described in the Interconnection Agreement. 4.2 The QS shall not rely on interruptible standby service for the start up requirements (initial or otherwise) of Ute Facility. 4.3 The QS shall be responsible for all costs, charges and penalties associated with development and operation of thc Facility. 4.4 The QS shall be responsible for all intercomtcchon, electric losses, trap mission and ancillary service offi c7nents and costs required to deliver, on a fimr basis, the firm capacity and energy from the Facility to the Delivery Point. S. Committed Capacity/Capacity Delh-cry Date 5.1 The QS commits to sell and deliver firm capacity to FPI, it the Delivery Point, the amount of which shall be determined in accordance with this Section 5 (Ute "Committed Capacity'). Subject to Section 5.3 the Committed Capacity shall be KW, delivery date no later than the in-sery ioe date of the Avoided Unit or as othmvise specified in Appendix E (the "Guaranteed Capacity Delivery Date"). 5.2 Testing of the capacity of the Facility (each such test, a "Committed Capacity Tcst') doll be performed in accordance with tlx: procedures set forth in Section 6. The Dctmn.*ation Period (defined herein) for the first Committed Capacity Test shall commence no earlier than six (6) months prior to the Capacity Delivery Date and testing must be completed by 11:59 p.m. on the date prior to the Guaranteed Delivery Date. The first Committed Capacity Test shall be deemed successfully completed when the QS demonstrates to FPL's satisfaction that the Facility can make available capacity of at least one hundred percent (100%) of the Committed Capacity set forth in Section 5.1. Subject to Section 6. 1, the QS may schedule and perform up to three (3) Crntunitted Capacity Tests to satisfy the capacity requirements of the Contract. 5.3 FPL shall have the right to require the QS, by notice no less than ten (10) business drys prior to such proposed test, to validate the Committed Capacity of the Facility by means of subsequent Committed Capacity Tests as follows: (a) once per each Summer period and once per each'"Inter period at FPL's We discretion,(b) at any time the QS is unable to comply with any material obligation under this Contract for a period of thirty (30) days or more in the aggregate as a consequence of an event of Force Majeure, and (c) at any time the QS fails in three consecutive months to achieve an Annual Capacity Billing Factor, as defined in Appendix B (.the "ACBE"), equal to or (,neater Ulan70%. The results of any such test shall be provided to FPL within seven (7) days of the conclusion of such test. On and after die date of such requested Comanitted Capacity Test, and until the completion of a subsequent Committed Capacity Test, the Comanitted Capacity shall be deemed as the lower of the tested capacity or the Committed Capacity asset forth in section 5.1. 5.4 Notwithstanding anything to the contrary herein, the Committed Capacity shall not exceed the amount set forth in Section 5.1 without the prior written consent of FPL, such consent not unreasonably withheld. 5.5 The "Capacity Delivery Date" shall be defined as the first calendar day immediately following Ute date of die pacility's successful completion of the first Committed Capacity Test but no earlier than the commencement date for deliveries of firm capacity and energy (as such is specified in Appendix E), 5.6 The QS shall be entitled to receive capacity payments beginning on the Capacity Delivery Date, provided, the Capacity Delivery Date occurs on or before the imsenice date of the Avoided Unit (or such later date permitted by FPL pursuant to the following sentence). If the Capacity Delivery Date does not occur on or before the Guaranteed Capacity Delivery Date, FPL stall be entitled to the Completion/Performance Security (asset forth in Section 9) in full, and in addition, has the right but not die obligation to, allow the QS up to an additional five (5) months to achieve the Capacity Delivery Date, if the QS fails to achieve the Capacity Delivery Date either by (a) the Guaranteed Delivery Date or (b) such later date as permitted by FPL, FPL shall have no obligation to make any capacity payments under this Contract and FPL will he parnitted to terminate this Contract, consistent with the tents herein, without further obligations, duties or liability to the QS. (Continued on Shat No. 9.034) Issued by- S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 IM ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 12 Second Revised Sheet No. 9.034 FIX)RIDA POWER & UGHT COMPANY Cancels First Sheet No. 9.034 (C ntinued from Shit No. 9.033) Testing Promdures 6.1 The Contruitted Capacity Test must be completed successfit ly within a sixty --hour period (the "Demonstration Period). which period, including the approximate start time of the Comuuitted Capacity Test, shall be selected and scheduled by the QS by means of a written notice to FPI., delivered at least thirty (30) days prior to the start of such period. 'the provisions of the foregoing sentence shall not apply to any Committed Capacity Test required by FPL under any of the provisions of this Contract. FPL shall have the right to be present onsite to monitor any Committed Capacity Test required or permitted under this Contract. 6.2 Counnittcd Capacity Test results shall be based on a test period of twctdy-four (24) consecutive hours (the "Committed Capacity Test Pericd') at the highest sustained net KIV rating at which the Facility can operate without exceeding the design operating conditions, temperature, pressures, and other parameters defined by the applicable manufacturer(s) for steady state operations at the Facility. If the QS is a REF the Committed Capacity Test shall be conducted utilising as the sole fuel source fuels or energy sources included in the definition in Section 366.91, Florida Statutes. The Committed Capacity Test Period shall commence at the time designmed by the QS purumut to Section 6.1 or at such other time rcqucsted by FPI, pursuant to Sccfion 5.3; lmovidcd however, that the CorTimiticd Capacity Tesl Period may commence earlier than such time in the event that FPL is notified of and consents to, such earlier time. 6.3 For the avoidance of doubt, normal station service use of unit auxiliaries, including without limitation, cooling towers, heat exchangers, and other equipment required bylaw, shall be in service during One Conuuitted Capacity Test Period. Furter, the QS shall affect deliveries ofany quantity and quality ofcomracted cogencrated steam to the steam host during the Committed Capacity Test PcriorL 6.4 The capacity of the Facility shall be the average net capacity (generator output minus auxiliary) measured over the Com milted Capacity Test Period. 6.5 The Comnrilted Capacity Test shall he perfomred according to pnrdenl indushy testing procedures satisfactory to FPI. fur the appropriate technology of the QS. 6.6 ;Except as othcrnise provided herein, results of any Committed Capacity Test shall he submitted to FPL by the QS within seven (7) days of Utz conclusion of the Conunitted Capacity Test. Payment for Electricity Produced by the Faculty 7.1 Energy FPI. agrees to pray the QS for energy produced by the Facility ami delivered to the Delivery Point in accordance with the rates and procedures contained in FPL's approved Rate Schedule QS -2, attached hereto as Appendix A, as it may be amended from time to firm and pursuant to the election of energy payment options as specified in Appendix E. The Parties agree that this Contract shall be subject to all of the provisions contained in Rale Schedule QS -2 as approved and on file with Ute FPSC. 7.2 Firm Capacity PPL agrees to pay the QS for One frim capacity described in Section 5 in accordance wilt the rates and procedures contained in Rate Schedule QS -2, attached hereto as Appendix A, as it may be amended and approved from time to time by the FPSC, and pursuant to the election of a capacity payment option as spc cified in Appendix F.. The QS undcrstands and agrees that capacity payments will be made under the early capacity payment options only if the QS has achieved the Capacity Delivery Date and is delivering firm capacity and energy to FPL. Once elected by the QS, the capacity payment option cannot be changed during the term of this Contract. 7.3 Payments Payments dire the QS will be made monthly and normally by the twentieth business day following the end of the trilling period. A statement of the kilowatt-hours sold by the QS and the applicable avoided energy rate at which payments are being made shall accompany the payment to the QS. (Continued on Sheet No. 9.035) Issued b}: S. F Romig, Director, Rates and Tariffs Effective: September 13, 2016 '7-jZ ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 13 Second Revised Sheet No. 9.035 FLORIDA POWER & iJGHT COAVANY Cancels First Sheet No. 9.035 (Continued from Shat No. 9.034) 8. Flectriclty Production and Plant Maintenance Schedule 8.1 During the term of thus Contract, no later than sixty (60) days prior to the Capacity Delivery Date and prior to April 1 of each calendar year thereafter, the QS shall submit to FPL in whiting a detailed plan oC (a) the amount of firm capacity and energy to be generated by the Facility and delivered to the Delivery Point for each month of the following calendar year, and (b) the time, duration and tmagnitudc of any scheduled maintenance perio(Ys) and any anticipated reductions in capacity. 8.2 By October 31 of each calendar year, FPL shall notify the QS in writing wbother the requested scheduled maintenance periods in tic detailed plan urc acceptable. If FPL objects to any critic requested scheduled maintenance lxricxls, FPL shall advise the QS of due time period closest to the requested lxriod(s) when the ohdage(s) can be scheduled. The QS shall schedule maintenance outages, only during periods approved by FPL, such approval not unreasonably withheld. Once the schedule for maintenance has leen established and approved by FPi„ either Party may request a subscgncnt change in such schedule and, except when such event is due to Force Majeure, request approval for such change from the other Party, such approval not to be unreasonably %iddteld or delayed. Scheduled maintenance outage days shall tic linotcd to seven (7) days per calendar year unless the manufacturer's recommendation of maintenance outage days for the technology and equipment used by the Facility exceeds such 7 day period, provided!, such number of days is considerad reasonable by prudent industry standards and does not exceed two (2) fourteen (14) day intervals, one in the Spring and one in the Fall, in any calendar year. The scheduled maintenance outage days applicable for the QS are _ days in the Spring and _ days in the Pall of each calendar year, provided the conditions specified in the previous sentence are satisfied. In no event shall maintenance periods be scheduled during the following periods: Jane 1 through and including October 31st and December 1 through and including February 28 (or 29'a as the case may be). 8.3 Tlie QS shall comply with reasonable requests by FPL regarding day-to-day and hour -by -hour conhmunieation between the Parties relative to electricity production and maintenance scheduling. 8.4 Dispatch mud Control 8.4.1 The power supplied by the QS hereunder shall be in the form of three-phase 60 1fertz alternating current, at a nominal operating voltage of 000 volts ( kV) and power factor dispatchable and controllable in One range of 85% lagging to 85% leading as measured at the Delivery Point to maintain system operating parameters, as specified by FPL. 8.4.2 At all times during the term of Ibis Contract, the QS shall operate and maintain the Facility: (a) in such a runner as to ensure compliance with its obligations hereunder, in accordance with prudent engineering and operating practices and applicable law, and (b) with all system protective equipment in service whenever the Facility is connected to, of is operated in parallel with, FPL's system. The QS shall install at the Facility those system protection and control devices necessary to ensure safe and protected operation of all cnergi72d equipment during normal testing and repair. The QS shall have qualified personnel test mel calibrate all protective equipment at regular intervals in accordance with good engineering and operating practices. A unit functional trip test shall he performed after each overhaul of the Facility's turbine, generator or boilers and the results shall be provided to FPL prior to returning the Facility to service. The specifics of the unit functional tional trip lest will be cpmistdad with gadxl engineering and operatin . practices. 8.4.3 If the Facility is separated from the FPL system for any reason, under no circumstances simll the QS reconnect the Facility into FPI: s system without first obtaining FPL'.- prior written approval. 8.4.4 During the term of this Contract, the QS shall employ qualified personnel for mama; inp, operating arid maintaining the Facility and far coordinating such with FPL. If the Facility has a Committed Capacity greater than 10 MN then, the QS shall ensure that operating personnel arc on duty at all times, lwcrdy-four (24) !lours a calendar day and seven (7) calendar days a wcck. I f tic Facility has a Committed Capacity equal to or less than 10 MW then the QS shall ensure that operating personnel are on duty at least eight (8) hours per day from 8 AM GST to 5 PM GST from Mondayto Friday, with an operator on call at all other hours. 8.4.5 FPI, shall at all times be excused from its obligation to purchase and receive energy and capacity hereunder, and FPI. shall have the ability to require the QS to curtail or reduce deliveries of energy, to the extent necessary (a) to maintain the reliability and integrity of any part of FPL's system, (b) in the event that FPL detemtines that a failure to do so is likely to endanger life or property, or (c) is likely to result in significant disruption ofelectric service to FPL's customers. FPL shall give the QS prior notice, if practicable, ofits intent to refuse, curtail or reduce FPI, s acceptance of energy and firm capacity pursuant to this Section and will act to minimize the frequency and duration of such occurrences. (Continued our Shat No. 9.036) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 4.►3 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 14 Second Revised Sheet No. 9.036 FIARIDA POWER & TIGHT COMPANY Cancels First Sheet No. 9.036 (Continued from Sheet No. 9.035) 8.4.6 After providing notice to the QS, FPL slluall not be required to purchase or receive energy from the QS during any period in which, due to operational circumstances, the purchase or receipt of such energy would result in FPL's incurring costs greater than those which it would incur if it did not make such purchases. An example of such an occurrence would be a period during which the load being served is such that the generating units our line arc base load waits operating at their minimum continuous ratings and the purchase of additional energy would require taking a base load unit off the line and replacing the remaining load served by that unit with pealang-type generation. FPL shall give the QS as much prior notice as practicable of its intent not to purchase or receive energy and firm capacity pursuant to this Scefi on. 8.4.7 If the Facility has a Coicanitted Capacity less than 75 MW, control, scheduling and dispatch of firm capacity and energy shall be the responsibility of the QS. If the Facility has a Committed Capacity greater than or equal to 75 MVV, then control, scheduling and dispatch of fimr capacity and energy shall be die responsibility of the QS, except daring a "Dispatch How", i.e., any clock (tour for which Fill, requests the delivery of such capacity and energy. luring any Dispatch Hour. (a) control of the Facility will either be by Seller's manual control under the direction of FPL (whether ordly or in writing) or by Automatic Generation Control by FPL's system control center as determined by FilL, and (b) FPI, may request that the real pow, r outpud be at any level up to the Committed Capacity of the Facility, provided, in no event shall FPL require the real power output of the Facility to be below the Facility's Minimum Load without deconunitting the Facility. The Facility shall deliver the capacity and energy requested by FPL within minutes, taking into account the operating limitations of the generating equipment as specified by the manufacturer, provided such time period specified herein is considered reasonable by prudent industry standards for the technology and equipment being utifized and assuming the Facility is operating at or above its Minimum Load. Start-up time from Cold Shutdown and Facility Turnaround time from Hot to Hot will be taken into consideration provided such are reasonable and consistent with prudent industry practices for file technology and equipment being utilized. Tlic Facility's q)crating Characteristics lave been provided by the QS and are set forth in Appendix D, Section IV of Rate Schedule QS -2. 8.4.8 if the Facility has a Committed Capacity of less than 75 M\V, FPL may require during certain periods, by oral, written, or electronic notification that the QS cause the Facility to reduce output to a level below the Committed Capacity but not lower than the Facility's Minimum load FPL shall provide as much notice as practicable, normally such notice will be of at least four (4) hours. The frequency of such request shall not exceed eighteen (18) times per calendar year and the duration of each request shall not exceed four (4) hours. 8.4.9 FPL's exercise of its rights under this Section 8 shall not give rise to any liability or payment obligation on the part of PPL, including any claim for breach of contract or for breach of any covenant ofgood faith and fair dealing. 9. ComplellonfPerformatroo Secwlq• 9.1 As security for the achievement of the Guaranteed Capacity Delivery Date and satisfactory perform nee of its obligations hereunder, the QS shall provide FPL either: ('a) an unconditional, irrevocable, standby letter of credit(s) with an expiration date no earlier than the end of the first (i qt) anniversary of the Capacity Delivery bate (or the next business day thereafter), issued by a U.S. commercial bank or the U.S. branch of a foreign bank having a Credit Rating of A- or higher by S&P or A3 or higher by Moody's (a "Qualified Issuer"), in form and substance acceptable to FPI, (including provisions (i) permitting partial and full draws and (ii) permitting FPI, to draw in fill if such letter of credit is not renewed or replaced as required by the terms hereof at least thirty (30) business days prior to its expiration date) ("Letter of Credit'); (b) a bond, issued by a financially sound Company acceptable to FPL and in a form mid substance acceptable to FPL, ("Bond); or (c) a cash collateral deposited with FPL ("Cash Collateral') (arty of (a), (b), or (c), the "Completion/Performance Security). Completion/Performance Security shall be provided in die amount and by Ow date listed below: (a) $50.00 per kW (for the number of kW of Committed Capacity set forth in Section 5.1) to be delivered to FPL within five (5) btesinccs days of the Fifrcctivc Detc; and (b)S 100.00 per kW (for the number of kW of Committed Capacity set forth in Section 5.1) to be delivered to FPL two years before the Guaranteed Capacity Delivery nate. "Credit itatins" means with respec(to any entity, on any date of eletemrinmtion, the respective ratings then assigned to such entitys unsecured, senior long-term debt or deposit obligation,, (not supported by third party credit enhancement) by S&P, Moody's or other specified rating agency or agencies or if such entity docs not have a rating; for its unsecured, senior long-term debt or deposit obligations, then the rating assigned to such entity ns its "corporate credit rating" by S&P. "Moo 's" means Moody's Investors Service, Inc. or its successor. "Sfi�. " means Standard & Poor's Ratings Group (a division of The McGraw -Hili Companies, Inc.) or its successor. (Continued on Sheet No. 9.037) Issued byt S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 q-lq ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 15 Eighth Revised Sheet No. 9.037 FTAMI'DA POWER & I iGHT COMPANY- Cancels Seventh Revised Sheet No. 9.037 (Continued from Sheet No. 9.036) 9.2 The specific security instrument provided for purposes of this Contract is: O Letter of Credit. () Bond. () Cash Collateral. 9.3 FPL shall have the right to monitor (a) the financial condition of the issuer of a Letter ofCredit in the event any Letter of Credit is provided by the QS, and (b) the insurer, in the case of any Bond. In the event the issuer of a Letter of Credit no longer qualifies as Qualified Issuer or the issuer of a Bond is no longer financially sound, FPL may require the QS to replace the Letter of Credit or the Bond, as applicable. Such replacement Letter of Credit or bond must be issued by a Qualified Issuer or a financially sound issues, as applicable, within ten (10) business days following written notification to the QS of the requirement to replace. Failure by the QS to comply with the requirements of this Section 9.3 shall be grounds for PPL to draw in full on the existing Letter of Credit or bond and to exercise any other remedies it may have hereunder. 9.4 Notwithstanding the foregoing provisions of this Section 9, pursuant to FPSC Rule 25-17.091(4), F.A.C., a QS qualifying as s "Solid Waste Facility-' pursuant io Scction 377.709(3) or (5), F.S., respectively, may uc an nmsectrcd wTinen commitment or promise to pay in a form reasonably acceptable to FPL, by the local government which owns the Facility or on whose behalf the QS operates the Facility, to secure its obligation to achieve on a timely basis the Capacity Delivery Date and the satisfactory performance of its obligations hereunder. 9.5 FPL stall be entitled to draw the Completion(Perromtance Security to satisfy any obligation or liability of QS arising pursuant to this Contract. 9.5.1 If the QS fails to achieve the Capacity Delivery Date on or before the in-service date of the Avoided Unit or such later date as perttulted by FPL pursuant to Section 5.6, FPL shall be entitled immediately to receive, draw upon, or retain, as the case may be, one - hundred (1000/6) of the Completion) Performance Security as liquidated damages free from any claim or right of any natare whatsoever of the QS, including airy equity or right of redemption by the QS. The Patties aclahowledge that the injury that FPL will suffer as a result of delayed availability of C.otmnitted Capacity and energy is difficult to ascertain and that FPL may accept such sums as liquidated damages and resort to any other remedies which may be available to it wider law or in equity. 9.5 .2 In the event that FPI. requires the QS to perform one or more Committed Capacity Test(s) at any time on or before the first anniversary of the Capacity Delivery Date pursuant to Section 53 and, in connection with any such Conmhitted Capacity Test(s), the QS fails to demonstrate a Capacity of at least one -hundred percard (1000/.) of the Committed Capacity set forth in Section 5. 1, FPL shall be entitled immediately to receive, draw upon, or retain, as the case may be, one -hundred percent (10010) of the CompletionJPerfotmanoe Security as liquidated damages free from any claim or right of any nacre whatsoever of the QS, including any equity or right of redemption by the QS. 9.5.3 QS shall promptly, but in no event more than five (5) business days following any draws on the Completica✓Performance Sccarily, replcrrish the ComplelionlPerfommnce Security to the amounts required herein. 9.6 The QS, as the Pledgor of the CompletionlPehi'ormarmce Security, hereby pledges to FPL, as the secured Party, as security for the achievement of the Capacity Delivery Date and satisfactory performance of its obligations hereunder, and grants to FPL a first priority continuing security interest in, lien on and right of set-off against all Completion/Perfonnance Security transferred to or received by FPL hereunder. Upon the transfer or return by FPI, to the QS of Complcfion/Pcrformancc Security, the security interest and lien granted hereunder on (hat CompletionlPerfcamauce Security will be released immediately and, to the extent possible, without any further action by either party. (Continued on Sheet No. 9.038) Issued by: S. E. Romig, Directer,'Rates and Tariffs Effective: duly 13,2017 q- 15 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 16 First Revised Sheet Na 9.038 FLORIDA PONWR & TIGHT COMPANY Cancels Original Sheet No. 9.038 (Continued from S7ta t No. 9.037) 9.7 In lieu of any interest, dividends or other amounts paid or deemed to have been paid with respect to Cash Collateral held by Fill. (all orwhich may be retained by FPL), Fill.. will transfer to the QS on a monthly bases the Interest Amount, as calculalcd by FPL. "Interest Amount" rrteanrs, with respect to each monfidy period, the aggregate sum of the amounts of interest calculated for each day in that monthly period on the principal amount of Cash Collateral held by FPL on that day, determined by FPL for each such day as follows: (x) the amount of that Cash Collateral on that day, multiplied by (y) the Interest Rate in effect for that day, divided by (z) 360. "Interest Rate" means: the Federal Funds Overnight rate as from time to time in effect. "Federal Funds Overnight Rate" means, for the relevant determination date, the rate opposite the caption "Federal Funds (Effective)" as set forth for that day in the weeMy statistical release designated as 11.15 (519), or any successor publication, published by the Board of Goverors of the Federal Reserve System. If on the determination dale such rate is not yet published in 11.15 (519), the rate for that date Hill be the rate set in Composite 3:30 P.M. Quotations for U.S. Government Securities for that day under the caption "Federal Funds/Effective Rate." if on the determination dale such rate is not yet published in either H.15 (519) or Composite 3:30 P.M. Quotations for U.S. Government Securities, the rate for that date will be determined as if the Parties had specified "USD -Federal Funds -Reference Dealers" as Otc applicable rate. 10. Termination Fee 10.1 In lite event that the QS receives capacity payments pursuant to Option B, Option C, Option D or Option E (as such options are defined in Appendix A and elected by the QS in Appendix E) or receives energy payments; pursuant to the Fired Firm Energy Payment Option (as such option is defined in Appendix A and elected by the QS in Appendix E) then, upon the termanation of this Contract, the QS shall owe and he liable to FPh for a termination fee calculated in accordance with Appendix C (the `Termination Fee"). The QS's obligation to pay the Termination Fee shall survive the termination or this Contract. Fi'L shall provide the QS, on a monthly tmsis, a calculation oftheTermination Fee. 10.1.1 The Termination Fee shall be secured (with the exception of govrommental solid waste Facilities covered by FISC Rule 25-17.091 in which case the QS may use an unsecured written commitmtent or promise to pay, in a form reasonably acceptable to FPL, by the local government which owns die Facility or on whose behalf the QS operates the Facility, to secure its obligation to pay the Tenrdration Fee) by the QS by. (a) an unconditional, irrevocable, staWtiyletter(s) of credit issued by Qualified Issuer in form and substance acceptable to FPL (including provisions (a) permitting partial and full draws and (b) pentutting FPL to draw upon such letter of credit, in full, ifsuch letter of credit is not renewed or replaced at least thirty (30) husiness days prior to its expiration date, (Tcrmimtion Fee lxncr of Credit'); (h) a bond, issued by a financially sound Company and in a form and substance acceptable to FPI., (`"Termination Fee Bond'); or (c) a casts collateral deposit with FPL eTermination Fee Cash Collateral') (any of( a) (b), or (c), the `Termination Security). 10.1.2 The specific scxurityinstnunent selected by the QS for purposes of this Contract is: ( ) Termination Fee Letter of Credit ( )Termination Fee Bond ( ) Termination Fee Cash Collateral 10.1.3 FPI, shall have the right to monitor the financial condition of (i) the issuer of a Tenrunation Fee letter of Credit in the case of any Tcrinination Fee Letter of Credit and (ii) the insurer(s), in the case of any Termination Fee Bond. In the event the issuer of a Termination Fee Letter of Credit is no longer a Qualified Issuer or the issuer of a Termination Fee Band is no longer financially sound. FPL may require the QS to replace the Termination Fee Letter of Credit or the Termination Fee Bond, as applicable. in the event that FPL notifies the QS that it requires such a replacement, the replacement Temmination Fee Letter of Credit or Termination Fee Bond as applicable, must Ire issued by a Qualified Issuer or financially sound company widun ten (10) business days following such notification Failure by the QS to comply with the requirements of this Section 10.1.2 shall be grounds for FPI, to draw in fiill on any existing Termination Fee Letter of Credit or Termination Fee Bond and to exercise am' other remedies it may have hereunder. (Continued on Sheet No. 9.039) Issued by: & E Romig, Director, Kates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 17 First Revised Sheet No. 9.039 FLORIDA POWER & IJGHT COMPANY Cancels Original Sheet No. 9.039 (Continued from Sheet No. 9.038) 10.1.4 After the close of each calendar quarter (March 31, June 30, September 30, and December 31) occurring subsequent to the Capacity Delivery Date, the QS shall provide to FPI. within ten (10) business days of the close of such calendar quarter with written assurance and documentation (the "Security Documentation'), in form and substance acceptable to PPL, that the amount of the most recently provided Termination Security is sufficient to cover the balance of the Tern ination Fee. In addition to the foregoing, at any firm during the tens of this Contract, FPL shall have the right to request, and the QS shall be obligated to deliver within five (5) business days of such request, such Security Documentation. Failure by the QS to comply with die requirements of this Section 10.1.3 shall be grounds for FPL to draw in full on any existing Tern ination Fee Letter of Credit or Termination Fee Bond or to retain any Termination Pee Cash Collateral, and to exercise any other remedies it may have hereunder to be applied against any Termination Fee that may be due and owing to FPL or that may in the future be due and owing to FPL. 10.1.5 Upon any tcmrination of this Contract following the Capacity Dclivcry Date, FPI. shall be entitled to rcecivc (and in the case of the Tennrination Fee Letter of Credit or Temnnation Fee Bond, draw upon such Tennination Fee letter of Credit or Termination Fa: Bond) and retain one. hundred percent (100%) of the Tenrination Security to be applied against any Tcrrnination Fcc that may be due and owing to FPL or that may in the finhue be due and owing to FPL. FPi. will transfer to the QS any proceeds and Termination Security remaining after liquidation, set-off and/or application under this Article after satisfaction in full of all amounts payable by the QS with respect to any Termination Fee or other obligations due to FPL; the QS in all events will remain liable for any amounts remaining unpaid after any liquidation, set-off and/or application under this Article. 10.2 The QS, as the Pledgor of the Termination Security, hereby pledges to FPL, as the secured Party, as security for the Teniriimtion Fee, and grants to FPL a first priority continuing security interest in lien on and right of set-offagainst all Temrination Security transferred to or received by FPi, hereunder. Upon the transfer or rctum by FPL to the QS of Termination Sccurity, the security interest and lien granted hereunder on tat Tcmtination Scarily will be rcicascd mnunalial ly and, to die extent possible, without any further action by either party. 10.3 in lieu of any interest, dividend, or other amounts paid or deemed to have been paid with respect to Terrmnation Fee Cash Collateral held by FPI. fall of which may be retained by FPL), FPh will transfer to the QS on a monthly basis the interest Amount, Pursuant to Section 9.7. 11. Performance Factor FPL desires to provide an incentive to the QS to operate the Facility during on -peak and off-peak periods in a namner which approximates the projected performance of F'PL's Avoided Unfit. A fomada to ucbieve this objective is attached as Appendix B. (Continued on Shead No, 9.040) Issued by: S. E. Romig, Director, Rates and Tariff's Effective: September 13, 2014 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 18 Fourth Revised Sheet No. 9.040 FI ORIDA POWER & LIGHT COMPANY Cancels Third Revised Sheet No. 9.040 (Contutued from Sheet No. 9.039) 12. Dcfauilt Notv%ithstandung the occurrence of any Force Majeure as described in Section 16, each of the fbIIc Mj>.q shall constitute an Event of Default: 12.1'11= QS fails to meet the applicable requirements spteifiedin Section i ofthic Contact.; 12.2 The QS changes or modifies the Facility from Drat provided in Section 1 with respect to its type, location, technology or fuel source, without prior written approval from FPI-,, 12.3 Aller the Capacity Delivery Date, the Facility fails, for twelve (12) consecutive months, to maintain an Annual Capacity Billing Factor, as described in Appendix R, ofat least 7045.; 12.41'hc QS fails to comply wi0t any of die provisions of Section 9.0 hereof (CompletiordPerfomrdnec Security). 12.3 The QS fails to comply with any oftlte provision of Section 10.0 hercof(rennination Security).. 12.6 The QS ceases the conduct of active business; or if proceedings under the federal bankruptcy law or insolvency laws shall be instituted by or for or against the QS or if a receiver shall be appointed for the QS or any of its assets or properties; or if arty part of the QS's assets shall be attached, levied upon, encumbered, pledged, scrod or taken under any judicial process, and such proceedings shall not be vacated or fully stayed within 30 days thereof; or if the QS shall make an assignment for the benefit of creditors, or adinit in whiting its inability to pay its debts as they Neon-. due. 12.7'lie QS fails to give proper assurance acceptable to FPL of adequate perforniiince as specified tinder this Contract within 30 days after FPL, with reasonable grotuids for insecurity, has requested in writing such assurance-. 12.8 The QS materially fails to perforin as specified under this Contract, including, but not liirnited to, the QS's oblirdtions raider any part of Section R, and I R. 12.9 The QS fails to achieve the pertnitting, licensing, certification, and all federal, state and local governmental envirorunental and licensing approvals required to initiate comtniction of the Facility by no later than one year prior to Guaranteed Capacity Date. 12.10 The QS fails to comply with any of the provisions of Section 18.3 hereof (Project Management). 12.11 Any of the representations or warranties made by the QS in this Contract is false or inisleading in any material respect, 12.12 The occurrence of an event of default by the QS under die Interconnection Agreement or any applicable Wheeling Agreement; 12.13 The QS fails to satisfy its obligation under Section 18.14 hercof (Assignment). 12.14 'flre QS fails to deliver to FPL in accordance with this Contract any energy or firm capacity required to be delivered hereunder or the delivery or sale of any such energy and firm capacityto an entity other than FPi.. 12. 15 'Me QS fails to perform any material covenant or obligation umber Iles Contract not specifically mentioned in this Section 12. 12.16 If at any time after the Capacity Delivery Date, the QS reduces the Committed Capacity due to an event of force Majeure and fails to repair the Facility and reset the Connnitted Capacity to die level set forth in Section 53 (as such level may be reduced by Section .5.3) within twelve (12) months following the occurrence of such event of Forcc Majeure. (Continued on Sheet No. 9.041) Issued by- S. E Romig, Director, Rates and Tariffs Effective: September 13, 2016 9� ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 19 First Revised Sheet No. 9.041 FLORIDA POWER & IJGHT C04NIPANY Cancels Original Sheet No. 9.041 (Continued from Shur No. 9.040) 13. FPL's Rights in the Event of Default 13.1 Upon the occurrcna of any of the Events of Default in Section 12, FPL may: (a) tcradrhate this Contract. nithout penalty or further obligation, except as set forth in Section 13.2. by written notice to the QS, and offset against any payment(s) due from FPL to the QS, any monies otherwise due from the QS to FPL; (b) draw on the Completion/Pcrfemhan a Security pursuant to Section 9 or collet the Termination Foo pursuant to Section 10 as applicable, and (c) exercise any other remcdy(ies) which may be avatsblc to FPL at law or in equity. 13.2 In the ewe of an Event of Default, the QS recognizes Etat airy remedy at law may be inadequate because this Contract is unique and/or because the actual damages of FPL may be difficult to reasonably ascertain Therefore, the QS agrees that FPL shall W entitled to pursue an action for specific performance, and the QS waives all of its rights to asset as a defense to such action that FPL's remedy at law is adequate. 13.3 Termination shall not affect the liability of either party for obligations arising prior to such termination or for damages, if any, resulting from any brach ofthis Contract. 14. Indent ulflcatloM.imits 14.1 FPL and the QS shall each be responsible for its own facilities. FPL and the QS shall each be responsible for ensuring adequate safeguards for other PPL customers, ITL's and the QS's personnel and equipment, and for the protection of its oars generating system. Subject to section 2.7 Indvmmly to Company, or section 2.71 Indemnity to Company — Governmental, PPL's Gcnaal Rules and Regulations of'1'eritf Shea No.6.020 each party (the "Indemnifying Panty) agrees, to the extent permitted by applicable law, to indemnify, pay, defend, and field hanmlcss the other party (Ute `Indemnifying Party") and its officers, directors, employees, agents and contractor (hereinafter called respectively, "FPL Entities" and "QS Entities') from and against any and nil claims, demands, casts, or expenses for loss, damage, or injury to persons or property of the indemnified Party ((it to third parties) caused by, arising out of, or resulting from: (a) a breach by the Indemrdfy{ng Party of its covenants, representations, and warranties or obligations hereuade , (b) any act or emission by the Indenmifying Party or its contractors, agents, servants or employees in connection with the installation or operation of its generation system or the operation thereof in connection pith the other Party's system; (c) any defect in, failure of, or fault related to, the Indemnifying Party's generation system-. (d) the ncgligarcc or willful misconduct of the Indemnifying Party or its conttactom agents, servants or employees; or (c) any other evert, act or incident' including the transmission and use of electricity, that is the result of, or prommatcly caused by, the tndcmttifying Party or its contractors, agents, sen•ents or employees. 14.2 Payment by an indemnified Party will not be a condition precedent to the obligations of rho Indemnifying Party under Section 14. No Indemnified Party under Section 14 shall settle any claim for which it claims indemnification ]hereunder without first allowing the Indemnifying Party the right to defend such a claim. 31w Indemnifying Party shall have no obligation under Section 14 in the event of u breach of the foregoing sentence by lire Indemnified Party. Section 14 shall survive termination of this Agreement. 14.3 Limitation on Cmusequentinl, Incidental and Indirect Dumage, . TO THE FULLEST EXTENT PERMITTED BY LAW, *NEITHER THE QS NOR FPb, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, NfEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCFSSORS OR ASSIGNS, SHALL BE LIABLE TO THE OTHER PARTY OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, FOR CLAIMS, SUITS, ACTIONS OR CAUSES OF ACTION FOR INCIDENTAL, INDIRECT, SPECIAL, PUNTITVE, MULTIPLE OR CONSEQUENTIAL DAMAGES CONNECTED Writ OR RESUL;rING FROM PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT, OR ANY ACTIONS UNDERTAKEN IN CONNECTION Willi OR RELATED TO 1.1115 CONTRACT, INCLUDING WCI'IiOUT' L1M1'1'A'rm, ANY SUCH DAMAGES WHICH ARE BASED UPON CAUSES OF ACflON FOR BREACH OF CONI'RAC'1', TOR'r (INCLUDING NEGI,IGENCfi AND MISREPRESENTATION), FIRFACII OF WARRANTY, STRICT' LIAIIIII'ri', S'1'ATUTI; OPERATION OF LAW, UNDER ANY INDEMNITY PROVISION OR ANY OTHER THEORY OF RECOVERY. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HF.RF.UNDF,R ARE LIQUIDATED, THE PARTIES ACIcTIONvim m THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE THAT OTHERWISE OBTAINING AN ADEQUATE. REMEDY IS INCO,WF,NIFNT, AND THAT THE L.IQUMATF,D DAMAOF_S CONSTITUTE A REASONABLE APPROXIMATION OF THE ANTICIPATED HARM OR LASS. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL BE THE SOLE AND EXCLUSIVE MEASURE OF DAMAGES AND (Continued on Sheet No. 9.042) Issued by- S. P. Romig, Director, Rates and Tariffs Effective: June 25, 2013 q - 'I ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 20 Second Revised Sheci No. 9.042 FLORIDA PO'*VLR & LIGIlT CONWANY Cancels First Sheet No. 9.042 (Continued from Shcd No. 9.041) ALI, OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WANE, PROVIDED HOWEVER. THE PARTIES AGREE THAT THE' FOREGOING LIMITATIONS WILL NOT IN ANY WAY LIMIT LIABILITY OR DAMAGES UNDER ANY THIRD PAR'T'Y CLAIMS OR THE LIABILITY OF A PARTY WHOSE ACTIONS GIVING RISE TO SUCH LIABILITY CONSTIf1JTF. GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF FAULT AND SHALL SURVIVE" TERMINATION, CANCELLATION, SUSPENSION, COMPLETION OR EXPIRATION OF THIS CONTRACT. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO BE A WAIVER OFA PARTY'S RIGHTTO SEEK INJUNCTIVE RELIEF. 15. Insurance 15.1 The QS shall procure or cause to be procured, mid shall maintain throughout the entire term of this Contract, a policy or policies of liability insurance issued by an insurer acceptable to FPL on a standard "Insurance Services Office" commercial general liability form (such policy or policies, collectively, the "QS Insurance'). A certificate of insurance shall be delivered to FPL at leas( fifteen (15) calendar days prior to the start of any interconnection work. At a minimum, the QS Insurance shall contain (a) an endorsement providing coverage, including products liability/completed operations coverage for the term of this Contract, and (b) a broad form contractual liability endorsement covering liabilities (i) which rnigbt arise under, or in the perforuuance or mmnperfonuance of, this Contract and the interconnection Agreement, or (ii) caused by operation of the Facility or any of the QS's equipment or by the QS's failure to maintain Ute Facility or the QS's equipment in satisfactory and safe operaling condition. &fTcdivc at least fiRccn (15) calendar days prior to the synchronization of the Facilitywith FPI: s .system, the QS Insurance shall be amended to include coverage for interruption or curtailment of power supply in accordance with industry standards. Without limiting the foregoing, the QS Insurance must be reasonably acceptable to FPL. Any premium assessment or deductible shall be for the accotut of the QS and not FPL. 15.2 The QS Insurance shall have a nunimum limit of one million dollars ($1,000,000) per occurrence, combined single limit, for bodily injury (including death) or property damage. 153 In the event that such insurance becomes totally unavailable or procurement thereof becomes commercially impracticable, such unavailability shall not constitute an Event of Default under this Contract, but FPL. and the QS shall eerier into negotiations to develop substitute protection which the Parties in their reasonablejudgment deem adequate. 15.4 To the extent that the QS bisurance is on a "claims made" basis, the retroactive data of the policy(tes) shall be the effective date of this Contract or such other date as may be agreed upon to protect the interests of the FPL Entities and the QS Entities. Furthermore, to the extent the QS Insurance is on a "claims made' basis, the QS's duty to provide insurance coverage shall survive Ute lennination of this C',ontract until the expiration of the madmum slatutory period of limmtations in the State of Florida for actions based in contract or in tort. To the dent the QS Insurance is on an "occurrcn&' basis, such insurance shall be maintained in effect at all times by the QS curing due tori of this Contract. 15.5 The QS Insurance shall provide that it may not be cancelled or materially altered without at least dirty (30) calendar days' written notice to Fill. -The QS shall provide FP1. with a copy of any material communication or notice related to the QS Insurance within tan (10) business days of the QS's receipt or issuance thereof. 15.6 The QS shall be designated as the owned insured mid PPL sham be designated as an additional named insured under the QS insurance. The QS Distance shall be cndomed to be primary to any coverage maintained by FPI. 16. Force Majeure Force Majeure is defined as an event or circumstance that is not within the reasonable control of� or the result of the negligence of; the affected party, and which, by the exercise of due diligence, the affected party is unable to overcome, avoid, or cause to be avoided in a commercially reasonable manner. Such events or circumstances may include, but arc not limited to, acts of God, war, riot or insurrection, blockades, embargoes, sabotage, epidennics, explosions and fires not originating in the Facility or caused by its operation, hurricanes, floods, strikes, lockouts or other labor disputes, difficulties (not caused by the failure ofthe affected pari, to comply with the terms of a collective bargaining agrceruucrut), or actions or restraints by court order or governmental authority or arbitration awar& Force Majcurc shall not include (a) the QS's ability to sell capacity and energy to another market at a more advatagamt; price; (b) equipment breakdown or inability to use equipment caused by its design, construction, operation, maintenance or inability to meet regulatory standards, or otherwise caused by an event originating in the Facility; (c)) a failure ofpedonnance of any other entity, including airy entity providing electric transmission service to the QS, except to the extent that such failure was caused by an event that would otherwise qualify as a Forte Majeure event; (d) failure of the QS to timely apply for or obtain permits. (Continued on Sheet No. 9.043) Issued by: S. F- Romig, Director, Rates and Tariffs FlIfeclive: Septetntier 13, 2016 4'zb ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 21 First:ReAsed Sheet No. 9.043 FTARIDA PO1VVFR & LIGHT COMPANY Cancels Original Sheet No. 9.043 (C.ontimed from Sheet No. 9.042) 16.1 Except as otherwise provided in this Contact, each party shall be excused from performance when its nonperformance was caused, directly or indirectly by an event of Force Majeure. 16.2 In the event of any delay cc nonperformance resulting from on event of Force Majeure, the party claiming Force Majeure shall notify the other party in writing within two (2) business days of Ore occurrence of the event of Force Majeure, of the nature, cause, dale of commencement thereof and the anticipated extent of such delay, and shall indicate whether any deadlines or date(s), imposed hereunder may be affected thereby. The suspension of performance shall be of no greater scope and of no greater duration than the cure for the Force Majchuc requires. A party claiming Force Majeure shall net be entitled to any relief therefore unlcas and until conforming notice is provided. The party claiming Force Majeure shall notify the other party of the cessation of the event of Force Majeure or of the conclusion of the affected party's cure for the event of Force Majeure, in either case within two (2) business days. thereof. 16.3 The party claiming Force Majeure shall use its best efforts to etre the cause(s) preventirT its performance of this Contract; provided, however, the settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of the affected party, mrd such party shall not be required to settle such strikes, lockouts or other labor disputes by acceding to demands which such party deems to be unfavorable. 16.4 If the QS suffers all occurrence of an event of Force Majeure that reduces the generating capability of the Facility below the Committed Capacity, the QS may, upon notice to FPL, temporarily adjust The Committed Capacity as provided in Sections 16.5 and 16.6. Such adjustment shall be effective the first calendar day irmncthatcly following FPL's receipt of the notice or such later date as may be specified by the QS. Funtherhom, such adjustment shall be the mininmtm amount necessitated by the event of Force Majeure, 16.5 If the Facility is rendered compic1cly inoperative as a result of Force Majeure, file QS shall temporarily set the Committed Capacity equal to 0 KW until such time as the Facility can partially or filly operate at the Committed Capacity that existedprior to the Force Majeure. if the Committed Capacity is 0 KIN, FPL shall have no obligation to make capacity payments hereunder. 16.6 M at any time during the occurrence of an event of Force Majeure or during its cure, the Facility can partially or frilly operate, then the QS shall temporarily set the Committed Capacity at the maximuom capability that the Facility can reasonably be expected to operate. 16.7 Upon the cessation of the event of Force Majeure or the conclusion of the clue for the event of Force Majeure, the Committed Capacity shall be restored to the Cormnitted Capacity that existed immediately prior to Ute Force Majeure. Notwithstanding airy other provision of this Contract, upon such cessation or cure, FPL shall have the right to require a Corrn9lled Capacity Test to demonstrate the Facility's compliance with the requirements of This section 16.7. Any Contmillod Capacity'rest required by FPL under this Section shalt be additional to any Committed CapacityTcst under Section 5.3. 16.9 During the occurrence of an event of Force Majeurc and a reduction in Committed Capacity under Section 16.4, all Monthly Capacity Payments shall reflect, pro rata, the reduction in Committed Capacity, and the Monthly Capacity Payments will continue to be calculated in accordance with the lay-for-porfotmance provisions in Appendix B. 16.9 The QS agrees to be responsible for and pay the costs necessary to reactivate the Facility and/or the interconnection with FPL's system if die same is (are) rendered inoperable due to actions of the QS, its agents, or Force Majeure events affecting the QS, the Facility or the interconnection with FPL. FPL agrees to reactivate, at its ort cast the interconnection with the Facility in circuunstanees where any interruptions to such interconnections are caused by FPL or its agents. 17. Representations, Warranties, and Covenants of QS The QS represents and warrants that as ofthe Effective Date and for die tern of thus Contract 17.1 Organization, Standing and Qualification The QS is a (corporation, partnership, or other, as applicable) duly organized and validly existing in good standing under the laws of and has all neemsary power and authority to carry on its business as presently conducted, to own or hold under lease its properties and to cider into and perform its obligations under this Contract and all ether related documents- and agreements to which it is or shall be a Party. The QS is only qualified or licensed to do business in the State of Florida and in all other jurisdictions wherein the nature of its business and operations or the character of the properties owned or leased by it makes such qualification or licensing necessary and where the failure to be so qualified or licensed would impair its ability to perform its obligations under this Contract or would result in a material liability to or would have a material adverse effect on FPL. (Continued on Slhec No. 9.044) Imued by- S. E. Romig, Director, Rates and Tariffs Effective. August 18, 2009 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 22 Second Revised Sheet No. 9.044 FT,ORTI)A P01VITER & i iGAT COMPANY Cancels First Sheet No. 9.044 (Continued from Sheet No. 9.043) 17.2 Due Authorization, No Approvals, No Defaults, etc. Each of the execution delivery and performance by Ute QS of this Contract has been duly authorized by all necessary action on the part of the QS, does not require any approval, except as has been heretofore obtained, of the (shareholders, partners, or others, as applicable) of 0te QS or any consent of or approval from any trustee, lessor or holder of any indebtedness or other obligation of the QS, except for such as have been duly obtained, and docs not contravene or constitute a default under any law, the (articles of incorporation, bylaws, or other as applicable) of the QS, or any agreement, judgment, injunction order, decree or other instntment binding upon the QS, or subject the Facility or any component part thereof to any lien other than as contemplated or permitted by this Contract. This Contract constitutes QS's legal, valid and binding obligation enforceable against it in accordance with the terms hereof, except as such enforceability may We limited by applicable bankruptcy laws front time to time in effect that affect creditors' rights generally or by general principles of equity (regardless of whether such enforcement is considered in equity or at law). 17.3 Compliance with Laws The QS has la owledge of all laws and business practices that must be followed in performing its obligations under this Contract. The QS is in compliance with all laws, except to the extent that failure to comply therewith would not, in the aggregate, have a material adverse effect on the QS or FPL. 17.4 i0overrimertal Approvals Except as expressly contemplated herein, neither the execution anal delivery by the QS of this Contract, nor the consummation try the QS of am, of the transactions contemplated thereby, requires the consent or approval ot; the giving of notice to, the registration with, the recording or filing of any document with, or the taking of any other action in respect of govemrnental authority, except in respect of permits (a) which have already been obtained and are in 6A force and effect or (b) are not yet required (anal with respect to which the QS has no reason to believe that the same will not be readily obtainable in the ordinary course of business upon due application therefore). 17.5 No Suits, Proceedings There are no actions, suits, proceedings or investigations pending or, to the knowledge of the QS, threatened against it at law or in equity before any court or tribunal of the United States or any other jurisdiction which individually or in the aggregate could result in any materially adverse effect on the QS's business, properties, or assets or its condition, financial or olherwisc, or in any impairment of its ability toperform its obligations umber this Contract. The QS has no knowledge of a violation or default wills respect to any law which could result in any such materially adverse effect or impairment. The QS is not in breach of, in defaull under, or in violation of, arty applicable Law, or the provisions of any authorization, or in breach o{ in default tinder, or in violation oC or in conflict with any provision of any promissory note, indenture or any evidence of indchtedness or security therefore, lease, contract, or other agreement by which it is bound, except for any such breaches, defaults, violations of conflicts which, individually or in the aggregate, could not reasonably be expected to have a material adverse effect on the business or financial corxlition of Buyer or its ability to perform its obligations hereunder. 17.6 Environmental Matters 17.6.1 QS Representations To the best of its knowledge alter diligemt inquiry, the QS knows of no (a) existing violations of arty environmental laws at de Facility, including those governing ha7ardons materials or (b) pending, ongoing, or unresolved administrative or enforcement investigations, compliance orders, claims, dere ands, actions, or other litigation brought by governmental authorities or other third parties alleging violations of any environmental law or pemtit which would materially and adversely affect the operation of the Facility as contemplated by this Contract. 17.6.2 Onmership and Offering For Sale Of Renettmble Energy Attributes The QS retains any awl all rights to own and to sell any and all environmental attributes associated with the electric generation of the Facility, including but not lirmted to, any and all renewable energy certificates, `green tags" or other tradable environmental interests (collectively "REQ� ),ofanydescription. (Continued on Sheet No. 9.045) Rued Irv: S. F Romig, Director, Rates and Tariffs Effective. August 18, 2009 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 23 Third Revised Sheet No. 9.045 FLORIDA PONAMR. & LIGHT COMPANY Cancels Second Revised Sheet No. 9.045 (Continued from Shed No. 9.044) 17.63 Changes in Environmental and Governmental Regulations If new environmental and other regulatory requirements enacted (hiring the tem of the Camtmc change FPL's MIT avoided cost of the unit on which the Contract is based• either party can elect to have the contract reopened. 17.71nterconncclionlWhceling Agreement 'Ihe QS has weaned an interconnection agreement with FPL, or represents or warrants that it has entered into a valid and enforceable Interconnection Agreement with the utility in w4hase service territory the Facility is located, pursuant to which the QS assumes contractual rev. onsibdity to make any and all transni -tion-related arrangements (including control arca services) between the QS and the transmitting utility for delivay of the Facility's capacity and energy to FPL. 17 S Technology and tic cratm Capabilities That for the term of this Contract the Technology aid Generator Capabilities table sd faith in Section 1 is accurmc and complete. is. General Provtslons 18.1 Prjcct Viability To asMst FPI. in assessing the QS's financial and technical viability, the QS shall provide the information and docurcniarapnested in Appendix D or substantially similar documents, to the extent the documents apply to the type of Facility covered by this Contract. and to the extent the documents are available. All documents to be considered by FPL must be submitted at the time this Contract is presented to FPL. Failure to provide die following such documents mayresult in a determination of non -viability byFPL. 18.2 PermiLc Site Control The QS hereby agrees to obtain and maintain Permits wiuich the QS is required to obtain as a prerequisite to engaging in the activities specified in this Contract. QS shall also obtain aid maintain Site Control for the Term of Ute Contract. 183 Project Management 18.3.1 If requested by FPL. thc'QS shall submit to FPL its integrated project schedule for FPL's review within sixty calendar days from tie execution of this Contract, and a start-up and led schedule for the Facility at least sixty calendar days prior to clad -up and testing of the Facility. Thecae schedules stall identify key licensing, permitting, construction and operating milestone dates and activities. If rerpmcscd by FPL, the QS drall submit progress reports in a faint satisfactory to FYI. every calendar month until the Capacity Delivery Date and shall notify FPL or any changes in such vdnc(hdes within ten calendar days after such changes are determined. FPL shall have the right to monitor the construction, start-up and testing of are Facility, either on -silt or air. site. FPL's technical review and im ipections of the Facility and resulting requests• if any. shall not be construed as endorsing the design thereof or as any warrontyas to the safety, durabilitym reliability of the Facility. 183.2 The QS shall ,provide FPI. with the final designerVinanufacturer's generator capability curvet protective relay t pM proposed protective relay sittings, amid one -line diagrams, protective relay functional diagrams, and alternating current amid direct current elementary diagrams for review, and inspection at FPL no later than one hundred eighty calendar days prior to the initial synchronization date. ISA Assignment This Agreement .hall inure to The benefit. of and shall In binding upon the Parties and Their respcdivc suca.:surs add asignts Ms Agrcenenl Hull not Inc assigned or IransTrxred by tither Party without the prior written amscnt of the other Party, such canscnl to he granted or withheld in sudor other Patty's sole discretion. Any director indirect change of control of QS (whether voluntary or by operation of law) shall be doomed an assignment and shall require the prior written consent of FPL. Notwithstanding the foregoing, either Party may, without the consent of the other Party, assign or transfer this Agreement; (a) to any lender as collateral security for obligations under any financing documents entered into with such lender provided, QS shall be responsible for M.'s remsonablc costs and expenses assaciatcl with the review, negotiation, execution and delivery of any documents or infnmation purmanl to such collateral assignment- including rmsomable attorneys' fees (b) to an affiliate of such Panty, proWaiM that such afi iliate's creditworthiness is equal to or Inciter than that of such Party (arid in no event d= (ban Investment Grade) as determined reasonably by die non•assiening or non-tmnsrwing Party and. p v4ded fimher, that any such affiliate shall agree in writing to be bound by and to assume the terms and conditions hereof and any and all obligations to tie non -assigning or non -transferring Party arising or seeming hereunder from and after the date of such assumption. "Inveshnem Gradc" means 131311- or above from Standard & Panes Corporation or naa2 or above from Mood}rs Investor Services. 18.5 Disclaimer In executing this Contract, I'M docs not, nor should it be construed, to extend its credit or financial support for tie benefit of any third parties lending money to or having other transactions with the QS or any assignee of this Contract. (Continued on Sheet No. 9.046) Issued by- S, E. Rant ig, Director, Rates and Tariffs Effective: September 13, 2016 q-2-3 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 24 First ReNised Sheet No. 9.046 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.046 (C:orttinued from Sheet No. 9.045) 18.6 Notification All formal notices relating to this Contract shall be deemed duly given when delivered in person, or sent by registered or certified mail, or sent by fm if followed immediately with a copy sent by registered or certified mail, to the individuals designated below. The Parties desigmtc the following individuals to be notified or to whom payment shall be sent until such time as either Party furnishes the other Party written instructions to contact another individual: For the QS: For FPL: Florida Power & Light Company 700 Universe Boulevard Juno Beach, FL 33408 Attn: EMT Contracts Department This signed Contract and all related documents may be presented no earlier than 8:00 a.m. on the effective date of the Standard Offer Contract, as determined by the FPSC. Contracts and related documents may be mailed to the address ta:low or delivered during somal business hours (8:00 a.m. to 4:45 p.m) to the visitors' entrance at the address below: Florida Power & Light Company 700 Universe Boulevard, Juno Beach, FL 33408 Attention: Contracts ManagerlCoordmator LMT Contracts Department 18.7 Applicable Law This Contract shall be construed in accordance with and governed by, and the rights of the Panics shall be construed in accordance with, the laws of the State of Florida as to all matters, including but not limited to matters of validity, ctvustruction, effect, performrance and remedies, without regard to conflict of law Hiles thereof. 18.8 Venue The Parties hereby irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of llorida or, in the event that jurisdiction Cor any matter cannot be established in the United States District Court for the Southern District of Florida, in the state court for Palm Bcach County, Florida, solely in respect of the interpretation and enforcement of the provisions of this Contract mid of the documents referred to in this Contract, and in respect of Ute transactions contemplated hereby, and hereby waive, and agree not to assert, as a defense in any action, suit or proceeding for the interpretation or enforcement hereof or of any such document, that it is not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in said courts or that the venue thereof may not he appropriate or that this Contract or any such document may not be enforced in or by such courts, and the Parties hereto irrevocably agree that all claims with respect to such action or proceeding shall be heard and determined in such a court. The Paries hereby consent to and grant any such court jurisdiction over the persons of such Parties solely for such purpose mid over the subject matter of such dispute and agree that trailing of process or other papers in connection with any such action or proceeding in the manner provided in Section 18.8 hercof or in such other manner as may be permitted by Law shall be valid and sufficient service tltercof. (Continued on Sheet No. 9.04 7) Issued hy: S. E. Romig, Director, Rates and Tariffs FIl'ective. October 4, 2011 q.zy ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 25 First Revised Sheet No. 9.047 FLORIDA POWFR & LIGHT COMPANY Cancels Original Sheet No. 9.047 (Continued from Sheet No. 9.046) 18.9. Waiver of Jury Trial, EACH PARI'Y ACKNOWLF,I)CPS AND AGREES 1'HA'I' ANI' CONTROVERSY WHICH MAY ARISE UNDER PHIS CONI'RACI' IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH PARTY HEREBY IRREVOCABLY AND UNCONDMIONALLY WAIVES ANY RIGHT A PARTY MAY HAVE TO ATRIAL BY JURY IN RESPECT OF ANY LITIGATION RESULTING FROM, ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGFS. THAT (a) NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARI'Y WOULD NOT, IN THE EVENT OF LITIGATION, SEEK 1-0 ENFORCE THE FOREGOING WAIVER, (b) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER (c) EACH PARTY MAKES THIS WAIVER VOLUNTARILY AND (d) PAC' H PARTY HAS BEEN INDUCED TO ENITR INTO THIS CONTRACT BY, AMONG OTHER THINGS, THE MUTUAL. WAIVERS AND CERTIFICATIONS IN THIS SECTION 18.9 18.10 Taxation In We event that FPL becomes liable for additional taxes, including interest andlor penalties arising from an Internal Revenue Service's determination, through audit, ming or other authority, that FPI; s payments to the QS for capacity under Options H, C, D, E or for energy pursuant to Ote Fixed Firm Energy Payment Option D are not fully deductible when paid (additional tax liability), FPL may bill the QS monthly for the costs, including catling charges, interest and/or penalties, associated with the fact that all or a portion of these capacity payments are not currently deductible for federal and/or state income tax purposes. FPL, at its option, may offset these casts against amounts due the QS hereunder. These costs would be calculated so as to place FPL in die same economic position in which it would have been if the entire capacity payments had been deductible in the period in svldch the payments were trade. If FPL decides to appeal the Internal Revenue Service's determination, the decision as to whclhcr the appeal should be mark: through the adarinistrative or judicial process or Troth, and all subsecprent decisions pertaining to the appeal (both substantive and procedural), shall rest exclusively with FPI.. 18.11 Severability if any port of Oris Contract, for any reason is declared invalid, or unenforceable by a public authority of appropriate jurisdiction then such decision shall not affect the validity of the remainder of the Contract, which remainder shall remain in force and eti'ect as if this Contract had been executed without the invalid or unenforceable portion. 18.12 Complete Agreement and Amendments All previous commu nicalions or agreements between the Parties, whether verbal or written, with reference to the subject matter of this Contract are hereby abrogated No amendment or modification to this Contract shall be binding unless it shall be set forth in writing and duly executed by both Parties. This Contract constitutes the entire agreement between the Parties. 18.13 Survival ofContract This Contract, as it may be amended from time to time, shall be binding upon, and irurre to the benefit of, the Parties' respective successors -in -interest and legal representatives. 18.14 Record Retention The QS agrees to retain for a period of five (5) years from the dale of temrinatien hereof all records relating to the performance of its obligations hereunder, and to cause all QS Entities to retain for the same period all such records. 18.15 No Waiver No waiver of any of the terms and conditions of this Contract shall be effective unless in writing and sighed by the Party against whom such waiver is sought to be enforced Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given. The failure of a Party to insist, in any instance, on the strict performance of any of tare teras and conditions hereof shall not be construed as a waiver of su ch Party's right in the future to inasl on such strict performance. (Confined on Sheet No. 9.048) Issued by: & E Romig, Director,'Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 26 First Revised Sheet No. 9.048 FI.ORTDA POWER & IJGHT COMPANY Cancels Original Sheet No. 9.048 (Continued from Sheet No. 9.047) 18.16 Sct-Off FPL may at any time, but shall be under no obligation to, set off any and all sums due from the QS against sums due to the QS hereunder_ 18.17 Assistance With FPL's evaluation of FIN 46R Accounting rtes set forth in Financial Accounting Standards Beard Interpretation No. 46 (Revised December 2003) ("FIN 46R7), as well as future amendments and interpretations of those Hiles, may require Fill. to evaluate whether the QS matt be consolidated, as a variable interest entity (as defined in FIN 46R), in the consolidated financial statements of FPL. The QS agrees to fitly cooperate with FPL and make available to FPI. all financial data and other information, as deemed necessary by FPL, to perform that evaluation on a timely tresis at inception of the PPA and periodically as required by FIN 4611. If the result of an evaluation under FIN 46R indicates that the QS must be consolidated in the financial statements of FPL, the QS agrees to provide financial statements, together with other required information, as determined by FPL, for inclusion in disclosures contained in the footnotes to the financial statements and in FPL's required filings with the Securities and Exchange Commission ("SEC'). The QS shall provide this information to FPL in a timeframe consistent with FPL's eannngs release and SEC tiling schedules, to be detemrinod at FPI.'-, discretion. The QS also agrees to frilly cooperate with FPI, and FPL's indcpcndent auditors in completing an assessment of the QS's internal controls as required by the Sarbancs-Oxley Act of 2002 and it performing any audit procedures necessary for the independent auditors to issue their opinion on the oolmolirhted financial statements of FPL. FPL "ill treat any information provided by the QS in satis6,ing Section 18.17 as confidential information and shall only disclose such information to the extent required by accounting and SEC rales and any applicable laws. IN WITNESS WHEREOF, the QS and FPL executed this Contract this day of wln'NESS: FLORIDA POWER & LIGIiT COMPANY Date WITNESS: (QS) Date Issued by: S. F. Romig, Director, Rates and Tariffs Effective: July 29,2008 C}- 2,6 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 27 Sixth Revised Sheet No. 10.300 FLORIDA PO'"WR & LJGHT COMPANY Cancels Fifth Revised Sheet No.10.300 RATF. SCHFDU11,F 094 APPENDIX A TO THE STANDARD OFFER CONTRACT STANDARD RATE FOR PURCHASE OF FIRM CAPACITY AND ENERGY FROM A RENEWABLE ENERCY FACILITY OR A QUALIFYING FACILITY WITH A DESIGN CAPACITY OF 100 KW OR LESS SCHF.DULF QS -2, Firm Capacity and Energy AVAILABLE The Company will, under the provisions of this Schedule and the Company's "Standard Offer Contract for the Purchase of Finn Capacity and Energy From a Renewable Energy Facility or a Qualifying Facility with a design capacity of 100 KXV or less" ("Standard Offer Contract"), purchase firm capacity and energy offered by a Renewable Energy Facility specified in Section 366.91, Florida Statutes or by a Qualifying Facility with a design capacity of 100 KW or less as specified in FPSC Rule 25-17- 0832(4) and which is either directly or indirectly interconnected with the Company. Both of these types of facilities shall also be referred to herein as Qualified Seller or "QS". The Company will petition the FPSC for closure upon any of the following as related to the generating unit upon which this standard offer contract is based i.e. the Avoided Unit : (a) a request for proposals (RFP) pursuant to Rule 25-22.082, F.A.C., is issued, (b) the Company files a petition for a need determination or commences construction of the Avoided Unit when the generating unit is not subject to Rule 25-22052, F.A.C, or (c) the generating unit upon which the standard offer contract is based is no longer part of the utility's generation plan, as evidenced by a petition to that effect filed with the Commission or by the utility's most recent Ten Year Site Plan. APPLICABLE To Renewable Energy Facilities as specified in Section 366.91, Florida Statutes producing capacity and energy from qualified renewable resources for sale to the Company on it firm basis pursuant to the terms and conditions of this schedule and the Company's "Standard Offer Contract". Firm Renewable Capacity and Renewable Energy are capacity and energy produced and sold by a QS pursuant to the Standard Offer Contract provisions addressing (among other things) quantity, time and reliability of delivery. To Qualifying Facilities ("QF), with a design capacity of 100 KW or less, as specified in FPSC Rule 25-17.0832(4Ma) producing capacity and energy for sale to the Company on a firm basis pursuant to the terms and conditions of this schedule and the Company's "Standard Offer Contract", Finn Capacity and Energy are described by FPSC Rule 25-17.0832, F.A.G., and arc capacity and energy produced and sold by a QF pursuant to the Standard Offer Contract provisions addressing (among other things) quantity, time and reliability of delivery. CJTARACTFR OF SER%'[CF. Purchases within the territory served by the Company shall be, at the option of the Company, single or three phase, 60 hertz alternating current at any available standard Company voltage. Purchases from outside the territory served by the Company shall he three phase, 60 hertz alternating current at the voltage level available at the interchange point between the Company and the entity delivering the Finn Energy and Capacity from the QS. JSMJTATION Purchases under this schedule are subject to Section 366.91, Florida Statutes and/or FPSC Rules 25-17.0832 through 25-17.091, F.A.C, and 25-17.200 through 25-17.310 F.A.0 and are limited to those Facilities which: A Commit to commence deliveries of firm capacity and energy no Later than the in-service date of the Avoided Unit, as detailed in Appendix 11, and to continue such deliveries for a period of at least 10 years up to a maximum of the life of the avoided unit; B. Are not currently under contract with the Company or with any other entity for the Facility's output for the period specified above (Continued on Sheet No. 10.301) Issued by: S. F. Romig,' Director, Rates and Tariffs Fffective. June 25, 2013 g -z7 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 28 SeventhRevised Sheet No. 10.301 FLORIDA PONVER & LIGHT CONWANY Cancels Sixth Revised Sheet No. 10.301 (Continued from Sheet No. 10.306) RATFS FOR PURCHASES BY TRE COMPANY Firm Capacity and Entergy are purchased at a unit cost, in dollars per kilowatt per month and cents per kilowatt-hour, respectively, based on the capacity require(] by the Company. For the purpose of this Schedule, an Avoided Unit has been designated by the Company, and is detailed in Appendix II to this Schedule. Appendix I to this Schedule describes the methodology used to calculate payment schedules, applicable to the Companyrs Standard Offer Contract filed and approved pursuant to Section 366.91, Florida Statutes and to FPSC Rules 25-17.082 through 25-17.091, F.A.0 and 25-17.200 through 25- 17.310,F.A.C. Firm Capacitv Rates Options A through It are available for payment of firm capacity which is produced by a QS and delivered to the Company. Once selected, an option shall remain in effect for the term of the Standard Offer Contract with the Company. A paymtcnt schedule, for the normal payment option as shown below, contains the monthly rate per kilowatt of Finn Capacity which the QS has contractually committed to deliver to the Company and is based on a contract term which extends ten (10) years beyond the in-service date of the Avoided Unit. Payment schedules for other contract terms, as specified in Appendix fi, will be made available to any QS upon request and may be calculated based upon the methodologies described in Appendix 1. The currently approved parameters used to calculate the schedule of payments are found in Appendix If to this Schedule. Adiustment to Capacity Payment The firm capacity rates will be adjusted to reflect the impact that the location of the QS will have on FPL system reliability due to constraints imposed on the operation of FPI. transmission tie lines. Appendix IIT shows, for illustration purposes, the factors that would be used to adjust the firm capacity rate for different geographical areas. The actual adjustment would be determined an a case-by-case basis. The amount of such adjustment, as well as a binding contract rate for firm capacity, shall be provided to the QS within sixty days of FPL execution of the signed Standard Offer Contract. Option A - Fired Value of Deferral Payments- Normal Capacity Payment schedules under this option are based on the value of a single year purchase with an in-service date of the Avoided Unit, as described in Appendix 1. Once this option is selected, the current schedule of payments shall remain fixed and in effect throughout the term of the Standard Offer Contract. (Continued on Sheet No. 10.302) issued by: S. E Romig, Director, Rates and Tariffs Effective: June 25, 2013 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 29 PJAMIDAFOwr;K&LICHI CUMYANY (Continual from Sheet No. 10.301) Option B - Fixed Value of Deferral Payments - Earh- Capacity Meet 1Vo. 1V30Z Payment schedules under this option are based upon the early capital cost component of the value of a year -by -year deferral of the Company's Avoided Unit provided; however, thatunder no circumstances may payments begirt before the QS is delivering firm capacity and energy to the Company pursuant to the terms of the Standard Offer Contract- When ontractWhen this option is selected, the capacity payments shall be made monthly commencing no earlier than the Capacity Delivery Date of the QS and calculated using the methodology shown on Appendix 1. The QS shall select the month and year in which the deliveries of firm capacity and energy to the Company are to commence and capacity payments are to start. The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of frmi capacity and energy are to commence and the term of the Standard Offer Contract as specified in Appendix F. Ontion C - Fixed Value of'Deferrtl Payment - Levelized Capacity Payment schedules under this option are based upon the levclized capital cost component of the value of a year - by -year deferral of the Company's Avoided Unit. The capital portion of capacity paymtents under this option shall consist of equal monthly payments over the term of the Standard Offer Contract, calculated as shown on Appendix 1. The fixed operation and maintenance portion of the capacity payments shall be equal to the value of the year - by -year deferral of fixed operation and maintenance expense associated with the Company's Avoided Unit. The methodology used to calculate this option is shown in Appendix 1. The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of fimt capacity and energy are to commence and the tern of the Standard Offer Contract as specified in Appendix E. Option D - Fixed Value of Deferral Payment - Farly Levelized Capacity Payment schedules under this option are based upon the early levelizcd capital cost component of the value of a year -by -year deferral of the Company's Avoided Unit. The capital portion of the capacity ,payments under this option shall consist of equal monthly payment-, over the term of the Standard Offer Contract, calculated As shown on Appendix 1. The fixed operation and maintenance expense shall be calculated as shown in Appendix 1. At the option of the QS, payments for early levelized capacity shall commence at any time before the anticipated in- service date of the Company's Avoided Unit as specified in Appendix E, provided that the QS is delivering firm capacity and energy= to the Company pursuant to the terns of the Standard Offer Contract. The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the tern of the Standard Offer Contract as specified in Appendix F. Option E—Flexible Pavrnent Ontion Payment schedules under this option are based upon a payment stream elected by the QS consisting of the capital component of the Company's avoided unit. Payments can commence at any time after the actual in-service date of the QS and before the anticipated in-service dale of the utility's avoided unit, as specified in Appendix E. provided that the QS is delivering firm capacity and energy to the Company pursuant to the terms of the Standard Offer Contract. Regardless of the payment stream elected by the QS, the cumulative present value of capital cost payments made to the QS over the term of the contract shall not exceed the cumulative present value of the capital cost payments which would have been made to the QS had such payments been made pursuant to'F'PSC Rule 25- 17.0832(4)(g)l, F.A.C. Fixed operation and maintenance expense shall be calculated in conformance with Rule 25-17.0832(6),F.A.C. The Company will provide the QS with a schedule of capacity payment rates based on the information specified in Appendix E. (Continued on Sheet No, 10303) Issued by. S. E. Romig, Director, Rates and Tariffs Fffeclivc: May 22, 2007 4-a -9 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 30 Sixth Revised Sheet No. 10.303 FIARiDA POWER & LIGHT COMPANY Cancels Fifth Revised Sheet No. 10-36 (Continued Rom Sheet No. 10.302) R Enerey Rates (1) Payments Associated with As -Available Energy Costs prior to the In -Service Date of the Avoided Unit Options A or B are available for payment of energy which is produced by the QS and delivered to the Company prior to the in-service date of the Avoided Unit. The QS shall indicate its selection in Appendix E, (bice selected; an option shall remain in effect for the tern of the Standard Offer Contract with the Company. Option A - Energy Payments based on Actual Energy Costs The energy rate, in cents per kilowatt-hour (¢/KWh), shall be based on the Company's actual hourly avoided energy costs which are calculated by the Company in accordance with FM Rule 25-17.0825, FAC. Avoided energy costs include incremental fuel, identifiable operation and maintenance expenses, and an adjustment for line losses reflecting delivery voltage. The calculation of the Company's avoided energy tests reflects the delivery= of energy from the region of the Company in which the Delivery Point of the QS is located. When economy transactions take place, the incremental costs are calculated as described in FPL '% Rate Schedule COCT-1 . The calculation of payments to the QS shall be based on the sum, over all hours of the billing period, of the product of each hour's avoided energy cost times tate purchases of energy from the QS by the Company for that hour. All purchases of energy shall be adjusted for losses from the point of metering to the Delivery Point. Option B - Energy Payments based on the year by year projection of As -Available energy costs The energv rate, in cents per kilowatt-hour (0/kXXrh), shall he based on the Company's year by year projection of system incremental fuel costs, prior to hourly economy sales to other utilities, based on normal weather and fuel market conditions (annual As -Available Energy Cost Projection which are calculated by the Company in accordance with FPSC Rule 25-17.0825, F.A.C. and with FPSC Rule 25-17.2500 (a) F.A.C,.) plus a fuel market volatility risk premium mutually agreed upon by the utility and the QS. Prior to the start of each applicable calendar year, the Company and the QS shall mutually agree on the fuel market volatility risk premium for the following calendar year, normally no later than November 15. The Company will provide its projection of the applicable annual As -Available Energy Cost prior to the start of the calendar year, normally no later than November 15 of each applicable calendar year. In addition to the applicable As -Available Energy Cost projection the energy payment will include identifiable operation and maintenance expenses, an adjustment for line losses reflecting delivery voltage and a factor that reflects in the calculation of the Company's Avoided Energy Costs the delivery of energy from the region of the Company in which the Delivery Point of the QS is located. The calculation of payments to the QS shall be based on the sum, over all hours of the billing period, of the product of each hour's applicable Projected Avoided Energy Cost times the purchases of energy from One QS by the Company for Omat hour. All purchases of energy shall be adjusted for losses from the point of metering to the Delivery Point, (2) Payments Associated with Applicable Avoided Enerey Costs after the Lm -Service Date of the Avoided Unit Option C is available for payment of energy which is produced by the QS and delivered to the Company after the in-service date of the avoided unit. In addition, Option D is available to the QS which elects to fix a portion of the firm energy payment. The QS shall indicate its selection of Option Din Appendix E, once selected, Option D shall remain in effect for the term of the Standard Offer Contract. Option C- Energy Payments based on Actual Energy Costs starting on the in-service date of the Avoided unit, as detailed in AooendixIl. The calculation of payments to the QS for energy delivered to FPL on and after the in-service date of the Avoided Unit shall he the sum, over all hours of the Monthly Billing Period, of the product of (a) each hours firm energy rate (0/K Wh); and (b) the amount of energy (KWH) delivered to FPL from the Facility during that hour. (Continued on Sheet No. 10.309) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 q 30 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 31 (Continued from SheetNo. 10.303) Eighth Revised Sheet No. 10.304 "mceis aevemn imevrsea sneer ro. iv..)v4 For any Dispatch Hour the firm energy rate shall be. on an hour -by -hour basis, the Company s Avoided Unit Energy Cost. For any other period during which energy is delivered by the QS to FPL, the firm energy rate in cents per kilowatt hour (¢/KkVh) shall be the following on an hour -by -hour basis: the lesser of (a) the as -available energy rate calculated by FPI, in accordance with FPSC Rule 25-17.0825, FAC, and FPL's Rate Schedule COG -1, as they may each be amended from time to time and (b) the Company's Avoided Unit Energy Cast The Company's Avoided Unit Energy Cost, in cents per kilowatt-hour (¢ll:AFh) shall be defined as the product of: (a) the fuel price in S/mmBTU as determined from gas prices published in Platts Inside FERC Gas Market Report, first of the month posting for Florida Gas Transmission Zone 3, plus all charges, surcharges and percentages that are in effect from time to time for service under Gulfstream Natural Gas System's Irate Schedule FTS. and (b) the average annual heat rate of the Avoided Unit, plus (c) an additional payment for variable operation and maintenance expenses which will be escalated based on the actual Producer Price Index All energy purchases shall be adjusted for losses from the point of metering to the Delivery Point. The calculation of the Company's avoided energy cost reflects the delivery of energy from the geographical area of the Company in which the Delivery Point of the QS is located. Option D- Fixed Finn Enerev Pavmcnts Startine as carp as the In-Smice Date of the OS Facilitv The calculation of payments to the QS for energy delivered to FPI, may include an adjustment at the election of the QS in order to implement the provisions or Rule 25-17.250 (6) (b), F.A.C. Subsequent to the determination of full avoided cost and subject to the provisions of Rude 25-17.0832(3) (a) through (d), F.A.C.. a portion of the base energy costs associated with the avoided unit, mutually agreed upon by the utility and renewable energy generator, shall be fined and amortized one present value basis over the term of the contract starting, at the election of the QS, as early as the in-service date of the QS. `Base energy costs associated with the avoided unit" means the energy costs of the avoided unit to the extent the unit would have operated. The portion of the base energy costs mutually agreed to by the Company and the QS shall be specified in Appendix E. The Company will provide the QS with a schedule of "Fixed Energy Payments" over the tern of the Standard Offer Contract based on the applicable information specified in Appendix E. ESTIMATED AS -AVAILABLE FWERGY COST As required in Section 25-17.0832, F.A.C. as -available energy cost projections until the in-service date of the avoided unit will be provided within 30 days of receipt by FPL ore written request for such projections by any interested person. ESTIMATED UNIT FUEL COS'1 As required in Section 25-17.0832, F.A.C. the estimated unit fuel costs associated with the Company's Avoided Unit and based on current estimates of the price of natural gas will be provided within 30 days ore written request for such an estimate. (Continued on Sheet No. 10.305) Issued by: S. E. Romig, Director, Rates and Tariffs FJTective. September 13, 2016 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 32 Sixth Revised Sheet No. 10.305 FI )RIDA POWER & LIGHT COMPANY Cancels Fifth Revised Sheet No.10.305 (Continued from Sheet No. 10.304) DELIVERY VOLTAGE ADJUSTMENT Energy payments to a QS within the Company s service territory shall be adjusted according to the delivery voltage by the multipliers provided in Appendix U. PERFORMANCE CRITERIA Payments for Finn Capacity are conditioned on the Qss ability to maintain the following performance criteria: A. CanacitynelivervDate The Capacity Delivery Date shall be no later than the projected in-service date of the Company�s Avoided Unit, as detailed in Appendix H. R Availability and Capacity Factor The Facility's availability and capacity factor arc used in the determination of firm capacity payments through a performance based calculation as detailed in Appendix 13 to the Company's Standard Offer Contract METERTNG RF-OUIRMrFNIS A QS within the territory served by the Company shall be required to purchase from the Company hourly recording meters to measure their energy deliveries to the Company. Energy purchases from a QS outside the territory of the Company shall be measured as the quantities scheduled for interchange to the Company by the entity delivering Firm Capacity and Renewable Energy to the Company. For the purpose of this Schedule, the on -peak hours shall be those hours occurring April 1 through October 31 Mondays through Fridays, from 12 noon to 9:00 pm. excluding Memorial Day, Independence Day and labor Day; and November I through March 31 Mondays through Fridays from 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 p.m. prevailing .13astem time excluding Thanksgiving Day, Christmas Day, and New Years Day.. FPL shall have the right to change such On -Peak Hours by providing the QS a minimum of thirty calendar days advance written notice. BILLINGOPPIONS A QS, upon entering into a Standard Offer Contrncl for the sale of firm capacity and energy or prior to delivery of as -available energy, may elect to make either simultaneous purchases from and sales to the Company, or net sates to the Company, provided, however, that no such arrangement shall cause the QS to sell more than the Facility s net output. A decision on billing methods MAY only be changed: 1) when a QS selling as -available energy enters into a Standard Offer Contract for the sale of fhm capacity and energy; 2) when a Standard Offer Contract expires or is lawfully terminated by either the QS or the Company; 3) when the QS is selling as -available energy and has not changed billing methods within the last twelve months; 4) when the election to change billing methods will not contravene this Tariff or the contract between the QS and the Company. If a QS elects to change billing methods, such changes shall be subject to the following: 1) upon at least thirty days advance written notice to the Company; 2) the installation by the Company of any additional metering equipment reasonably required to effect the change in billing and upon payment by the QS for such metering equipment and its installation; and 3) upon completion and approval by the Company of any alterations) to the interconnection reasonably required to effect the change in billing and upon payment by the QS for such alteration(s). payments due a QS will be made monthly and normally by the twentieth business day following the end of the billing period. The kilowatt-hours sold by the QS and the applicable avoided energy rates at which payments are being made shall accompany the payment to the QS. A statement covering the charges and payments due the QS is rendered monthly, and payment normally is made by the twentieth business day following the end of the billing period. (Continued on Sheet No. 10.306) Issued by: S, E. Romig, Director, Rates and Tariffs Effective: Tune 25, 2013 9 3;-- ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 33 Seventh Revised Sheet No. 10.306 FLORIDA POWER & LIGHT COMPANY Cancels Sixth Revised Sheet No. 10,306 (Continued from Sheet No. 10.305) CHARGES TO ENERGY FACILITY The QS shall be responsible for all applicable charges as currently approved or as they may be approved by the Florida Public Service Commission, including, but not limited to: A. Customer Charges. Monthly customer clagcs for meter reeding, billing and otter applicable administrative costs as per applicable Customer Rate Schedule. interconnection Charee. for Non-Variahle Utility F.xnenses The QS shall bear the cost required for interconnection, including the metering. The QS shall have the option of (i) payment in full for the interconnection costs including the time value of money during the construction of the interconnection facilities and providing a Bond, Letter of Credit or comparable assurance of payment acceptable to the Company adequate to cover the interconnection cost estimates, (i) payment of monthly invoices from the Company for actual costs progressively incurred by the Company in installing the interconnection facilities, or (ii) upon a showing of credit worthiness, making equal monthly installment payments over a period no longer than thirty-six (36) months toward the full cost of interconnection In the latter case, the Company shall assess interest at the rate then prevailing for thirty (30) day highest grade commercial paper, such rate to be specified by the Company thirty (.i0) days prior to the date of each installment payment by the QS. C. interconnection Charge for Variable Utility Expenses The QS shall be billed monthly for the variable utility expenses associated with the operation and maintenance of the interconnection facilities. These include (a) the Company's inspections of the interconnection facilities and (b) maintenance of any equipment beyond that which would be required to provide normal electric service to the QS if no sales to the Company were involved, In lieu of payment for actual charges, the QS may pay a monthly charge equal to a percentage of the installed cost of the interconnection facilities as provided in Appendix T.I. Taxes and Assessments In the event that FPL comes liable for additional taxes, including interest and/or penalties arising from an Internal Revenue Service's determination, through audit, ruling or other authority, that FPL's payments to the QS for capacity under options B, C, D, F., or for energy pursuant to the Fixed Firm Energy Payment Option D are not fully deductible when paid (additional tax liability), FPL may bill the QS monthly far the costs, including carrying charges; interest and/or penalties associated with the fact that all or a portion of these capacity payments are not currently deductible for federal andror state income tax purposes. FPL, at its option, may offset these costs against amounts due the QS hereunder. These costs would be calculated so m to place FPI. in the same economic position to which it would have been if the entire early, levelized or early levelized capacity payments or the Fixed Firm Energy Payment had been deductible in the period in which the payments were made. if FPL decides to appeal the Internal Revenue Service's determination, the decision as to whether the appeal should be made through the administrative or judicial process or both, and all subsequent decisions pertaining to the appeal (both substantive and procedural), shall rest exclusively with FPL. (Continued cm Street No. 10307) Issued by: S.1~ Romig, Director, Rates and Tariffs Effective: June 25, 2013 9-33 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 34 r1.AM11PAYlnv,r,K&MUM k.kPIN "AINY (Continued frem Sheet No. 10.306) TFILMS OF SFRVECF, ancer Ivo. rwu I (1) It shall be the QS's responsibility to inform the Company of any change in it- electric generation capability. (2) Any electric service delivered by the Company to a QS located in the Company's service area shall be subject to the following terms and conditions: (a) A QS shall be metered separately and billed under the applicable retail rate schedule(s), whose terms and conditions shall pertain. (b) A security deposit will be required in accordance with FPSC Rules 25-17.82(5) and 25-6.097, F.A.C., and the following! (i) In the first year of operation, the security deposit should be based upon the singular month in which the QS's projected purchases from the Company exceed, by the greatest amount, the Company's estimated purchases from the QS. The security deposit should be equal to twice the amount of the difference estimated for that month. The deposit is required upon interconnection. (ii) For each year thereafter, a review of the actual sales and purchases between the QS and the Company will be conducted to determine the actual month of maximum difference. The security deposit should be adjusted to equal twice the greatest amount by which the actual monthly purchases by the QS exceed the actual sales to the Company in that month. (c) The Company shall specify the point of interconnection and voltage level. (d) The QS must enter into an interconnection agreement with the Company which nzll, among other things, specify safety and reliability standards for the interconnection to the Company's system. In most instances, the Company's filed Interconnection Agreement for Qualifying Facilities will be used; however, special features of the QS or its interconnection to the Company's facilities may require modifications to this Interconnection Agreement or the safety and reliability standards contained therein. (3) Service under this rate schedule is subject to the rules and regulations of the Company and the Florida 'Public Service Commission. SPFCIAI, PROMIOINS (1) Special contracts deviating from the above standard rate schedule are allowable provided the Company agrees to them and they are approved by the Florida Public Service Commission. Issued by: S. E. Romig, Director, Rates and Turiffs Effective. May 22, 2007 Ot- 31 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 35 s't Ux111A rUvvr tc or t.tc,nt t.UtwrAtl x Urtgaml anect rvo. xtr..tun APPENDIX 1 TO RATE SCHEDULE QS -2 CALCULATION OF VALUE OF DEFERRAL PAYMENTS APPLICABILITY Appendix T provides n detailed desorption of the methodology used by the Company to c is late the montdy values of defening or avoiding the Comparty's Avoided Unit identified in Schedule QS 2_ When used in conjunction with the current FPSC-appmvod costparamctcm associated with the Company's Avoided Unit contained in Appm&* It, a QS may determine the applicable %vine of deferral capacity paym cwt rate associated with the timing and operation of its particular facility should the QS cater into a Shmdard Offal Contract with the Company. CALCULATION OF VALUE OF DEFERRAL OPTION A FPSC Rule 25-17.0332(5) specifies that avoided capacity costs, in dollars per kilowatt per month, associated with capacity sold to a utility by a QS pursuant to the Company's Staudavd Offer Contruet shall be defined as the yea-Iry-ytw vnlae ofdeferrit of the (mnpany s! Avcrided UrdL The year -try - year value of deferral shall be the differencein revenue regtdrenhehas associated widr deferring the (:ompxmy's Avoided Unit one year, and shall he calculated as follows: Where, for a one yea defetrul: VAC„ = utility's monthly value ofmaided capacity and O & M, in dollars per kilowatt per month, for each month of year M E = Present value of cartyiay3 charges for one dollar of m4zsbnent over L years with caning charges computed using average annual rate base and assumed to be prod at the middle of a ch year mrd present valued to the middle of the first year, R (I+iP)J(I4T7 11. = total direct and indirect oast, in mid -year dollars per kilowatt including AFUDC but excluding CWIP, of the Company's Avoided Unit with an in-service date of year u, including all identifiable and quantifiable casts relating to the construction of tie Company's Avoided Unit which would have leen paid had the Unit kern oomhucted; O, = total fixed operation and maintenance expense for the year n in midyear dollars per kilowatt per year, of the Company's Avoided Unit is = annual escalation rate associated with the plant est of Ute Companyrs Avoided Unit(s), i, = annual epcolation rale aasncinted with the operation and rnaintonance expense of the Company's Avoided tJnit(sk Ir annual discount rate, defined as the utility's incremental ailer-tax coat of gap ital: .L = expected life of tae ComparrIc Avoided Units} and n = year for wihich the CompwVr Avoided Unit(s) is (arc) deferred starting with its (their) original anticipated in-service datc(s) and ending with the termination of the Company's Standard Offer Contract (Continued on Suet No. 10.309) Issued by: S. F. Romig, Director, Rates and Tariffs FlTectixv: May 22, 2007 g- 3 f ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 36 r r. I"Ll'A w a n os a.n.nt a.i�ivtr vtv r (Continued from Sheet No. 10.308) CALCULATION OF FIXED VALUE OF DEFERRAL PAYMENTS - EARLY CAPACITY-OMON B ansa lea. AV-3uv Normally, payments for firm capacity shall not cornmence until the inservice date of t e Company's Avoided Unit(s). At the option of the QS, hrnvever the Company may begin ma{.ing payments for early capacity Consisting of the capital coat component of the value of a ye—w by -year defend of the Company's Avoided Unit starting as etdy as the in-service slate of the QS facility, When such inyments for early capacity are elected, the avoided calrihal cost component of capacity payments shall be paid monthly comm=4 no earlier than the Capacity Delivery Date of the QS, and shall In calculated ae fo tow&: Where: (I + ip )tm 'I (I+ io f -!) AM=Ar +Ae for in= ]rot Il 12 Where: Am = monthly payment to be made to the QS for each month of the contract year n, in dollars per kilewatt per month in which QS delivers capacity pursuant to die early capacity olaim; it = annual escalation rate associated with the plant cost of the Company's Avoided Unit(sX i, = annual escalation we associated with the operation and maintenance exlensv of the Company+s Avoided Unit(sk in - yen for which the fixed value of dcfiard payments under the early capacity option are made to a QS, &tatting in year one and ending in the year t. t = the tam, in yeses, oftlrc Standard Ofler Contract; A, = F /(l-RYO -R')I F = the cumulative present value, in the year that laic contractual payment will begin, of the avoided capital cost component of capacity payments which would have been made had capacity payment commenced with the anticipated in -sanies date of the Company's Avoided Unit(s7 R = (1+ip)/(1+r) r annual discount t rate, defined n the Compariy s incremental alter -tax ct: t of ca)ntnl; and Ab = G ! (1- R)/(1 - R ')I Where: G = The cumulative presetd value, in the year that (lie contractual payment will begin, of ale avoided faxed operation and maintenance expense component of capacity payvnems nVeli would have been made bad capacity payment commenced with the anticipated unser ice date of One Company's Avoided Uml(s). R - (I+io)I(]+r) Tike currently approved parameters applicable to the fommlas above are farad in Appendix It. (Continued on Sheet No. 10.310) Issued by: S. F Romig, Director, Rates and Tariffs Effective: May 22, 2007 I ?� ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 37 P1.(DZWAM)Wk.K& IAGHl UUWANY UngnnlllheelNO. IUJIV (Continued from Sheet No. 10.309) CALf:ULATION OF FIXED VALUE OF DFFFRRAT, PAYI4FNTS— LFW..LI7,ED AND FARLY LFVF.id7.F.D CAPACITY — OPTION C &c OPTION D. RESPECTIVELY Nlantldy fixed value of deferral paymtents for levelized and early levelized capacity shall be calculated as follows: Issued Im S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 q-31 r + O 12 1 \Vhere: Pa, = the moriddy levelized capacity payment, startling on or prior to the in- service date of the Company's Avoided Unit(s); F - the cumulative present value, in Ute year tint the contractual payments will bct in, of the avoid -d capital wd component of the capacity payrncttts wluolr would have been trndc lnd Urc capacity payments not been levetized; r = the armmil discount rate, defined as the Company's incremental after-tax cost of capital; t = the team in years, of the Standard Ower Contract; O = die monthly fixed operation and maintenance component of the capacity payments, calculated in accordance with calculation of the fixed value of deferral payments for the levelized capacity or the early levelized capacity options. Issued Im S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 q-31 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 38 19e eMh Me fth Revised Sheet No. 10311 FLORIT)A POWER & IAGHT COMPANY Cancels TeathFlewnlh Revised Sheet No. 10311 Issued by: S. R. Romig, Director, Rates and Tariffs Effective: X917 APPENDIX Il TO RATE SCIIEDULE QS -2 AVOIDED UNIT INFORMATION The Company'sAsalded Unit has been determined to he a tri6ai.7sz 1AV Combined Cycle Unttnrih an h►serNee date of 3une 1r26N1L8 and a heal rate of Got BtulklVh. EXAMPLE STANDARD OFFER CONTRACT AVOIDED CAPACITY PAYMENTS FOR A CONTRACTTFRM OF TEN YEARS FROM THE IN-SERVICE DATE. OF THE AVOIDED UNIT (SIKW/MONTH) Option A Option 8 Option C Option D Contract Year Normal Capacity EarlyCapocity Levelized Capacity Early Levelized Capacity Payment Payment Payment Payment 36182024 S S 4,324.22 S 5 4.84 24192.115 S S 13 S S 4-751,8 a09 26 S S 4-AM_L4 S S 4=4184 30342027 S S 4x194.55 S S 4,741,84 C_2 7,26_$ 4,66 S 191 $ 4SA 24920029$ 7-007.44 4.7�8�/�� S_p 7 66CLO� _ ib� p 23^11^4C 45--+-2$ 4.16 4----1," 6 r ; ; 66 j 2038 fi- Aa t- 546 6 1- S 47� �5--8.09 6-5.26 >r A 1. 2926 F-Sr:C 6--�126 5=--- ='66-6 1.19 , 2031 S 4A? -7.81 S 4-4'-� S j 668.01 S 4,2 84 2032 S 8s1 $ gJ S SSS,iS $ -i,HH S 4ij $1 =1 S 8.21 5 5.28 $ 8.01 S 4.84 2034 S 8.42 S 5.41 S 8.01 S 4.84 2.Q -%5 $ 8.63 S 5.54 $ 8.01 S 4.84 2,4; ¢ S 8.84 5.68 S 8.01 S 4.84 2M S 9.06 $ 5.$2 S 8.01 $ 4.34 Q 597_ S 8.01 $ 4.84 FSTI1tATED AS-AYVAITABLF. FNERGY C."OST For Informational purposes, the most recent estimated Incremental avolded energy carts for the next ten years will be provided uslthln thirty (30) days of scsftlen request. ESTIMATED UNIT FUEL COSTS (SIN1MBtu): The most recent estimated unit fuel costs for the Company's avoided unit will be provided wNhtn tidrty (30) days of wrlllen request. Issued by: S. R. Romig, Director, Rates and Tariffs Effective: X917 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 39 FLORIDA POR'F.R & LTGHT COMPANY Fewthilftj Revised Sheet No. 10311.1 CancelsThir--iFourth Sheet No. 10311.1 Lssued bv: S. F. Romig, Director, Rates and Tariffs Etfeclivr: July 1jj1017 9-3� HXE:D VALUE Of DEFERRAL PAYMENTS - NORMAL CAPACITY OPTION PARAMETERS Where, for a one year deferral: Value VAC, = Company's value of avoided capacity and O&M, in dollars per Wovwdtt per month during month m; S-�80 i 256 Y. = present value of partying charges for one dollar of investment over L years with carrying charges computed acing average annual rate base and assented to be laid at the middle of cath year and present valued to the middle ofthe first year, 4—SAP1 Si25 1„ - total direct and indirect cost, in mid -year dollars per kilowatt inchtding AFUDC but excluding C%FIP, ofthe Comrpan y's Avoided Unit with an in-service date of ycam; S;6&XM-41L8 O„ = total fixed operation and maintenance expense, for the year it in mid -year dollars per lilowatt per year, ofthc Company's Avoided Unit; $444-P- 5.59 i, annual escalation rate associated with the plant cost ofthe Company's Avoided Unit; ;1.92.501% i, - aminal escalation rate associated with the operation and maintenance expense ofthe Company's Avoided Unit; 2.50%1 T annual discount rate, defined as the CmManVi incremental after-tax cast of capital; -%,x+37.57% 1. = cxpcetcd life ofthe Company's Avoided Unit; 40 n = year for which the Company's Avoided Unit is deferred starting with its original anticipated in-service date and coding with the termination ofthe Standard Offer Contract. 4WQ2929 FIXED VALUE OF DEFERRAL PAYMENTS- EARLY CAPACITY OPTION PARAMETERS A,1 = monthly capacitypayments to be made to the QS startirge on the year the QS elects to start receiving early capacity " payments, in dollars per kilowatt per month; it = annual escalation rate associated with the plant cost ofthe Company's Avoided Unit; 34$,5Q95 i, = amid escalation rale associated with the operation and maintenance expense of the Company's Avoided Unit; 2.50° o n = year for which early capacity payments to a QS arc to begin; (at the election ofthe QS early capacity payments " may commence anytime after the actual in-service date ofthe QS facility and before the anticipated in-service dale ofthe Company's avoided mil) !: = the cumulative {resent value ofthe avoided capital cost component of capacity payments which would have been nmdc had capacity payments commenoed with tie anticipated in-service date ofthe CompwVs Avoided Unit and confinued for a period of 10 years; $ABB=z1-o57.62 r annual discount rate, defined as the Company's incremental after-tax cost of capital; t = the tenn, in years, ofthe Standard Offer Contract for the purchase of firm capacity cornunencing ht the year the QS deet: to sax rncciving early capacity pay mcnU prior to the in•scrv-icc date of the Company's Avoided Unit; G the cumulative presentvalue ofthe avoided fixed operation and maintenance expense component of capacity paymcntc which would hav c been made had capacity payments commenced with the anticipated in-scr ice date ofthe Company's Avoided Unit and continued for a period of 10 years. $144A --S 17,765 Lssued bv: S. F. Romig, Director, Rates and Tariffs Etfeclivr: July 1jj1017 9-3� ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 40 Sixth Revised Sheet No. 10.312 FLORIDA POWER & LIGHT COMPANY Cancels Fifth Revised Sheet No. 10.312 Issued by: S.E. Romig, Director, Rates and Tariffs Effective: July 13, 2017 9 - Vo VALUE. OF CAPACITY LOCATION fiMcnr 0.944 PAt 0.953 SN 0.945 cc 0.941 0927 AIN 0.938 AIR .930 R3' 0.947 CH 0.947 rA1 0993 PE 0.996 111.000 TP 0.9$1 / FOR II,I.II5TRrt TIIB' PIIRPO.CF.S t7 Vf, i' ot> 1001, Issued by: S.E. Romig, Director, Rates and Tariffs Effective: July 13, 2017 9 - Vo ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 41 Second Revised Sheet No. 10.313 FLORIDA POWER & LIGHT COMPANY Cancels Fi" Revised Sheet No. 10.313 TO TI'IE STANDARD OFFER CONTRACT FOR THF: PURCIIASE OF FIRM C APACr1Y AND ENERGY FROM RENEWABLE ENERGY FACILITIES OR QUALIFYING FACILITIES WITH A DESIGN CAPACITY OF 100 KW OR LESS PAY FOR PERFORMANCE PROVISIONS MONTHLY CAPACITY PAYMENT CALCULATION L Monthly Capacity Payments (MCP) for each Monthly Billing Period shall be computed according to the following: A. In the event that the Annual Capacity Billing Factar ("ACBI" ), as defined below, is less than 80% then no Monthly Capacity Payment shalt be due. llwt is: MCP=0 B. In the event that die ACBE is equal to or greater than 80% but less than 94%, then die Monthly Capacity Payment slwll be calculated by using die following formula MCP =BCP x 1144x(ACBF-94%)j xCC C. In the cimnt that the ACBF is equal to or greater than 94%, then the Monthly Capacity Payment shall be calculated by using, the fb9owing formula: MCP = BCP x CC Where: MCP - Monthly Capacity Payment in dollars. RCP = Base Capacity Payment in $ KW/Month as speci tied in FPi.'s Rate Schedule QS -2. CC = Committed Capacity in KW. ACBE - Annual Capacity Baling Factor. 11us Factor is calculated using the 12 months rolling average of Ore Monthly Capacity Factor. This 12 month rolling avanuge slmll be defined as tie sum of the 12 consecutive Monthly Capacity Factors preceding the date of calculation, divided by U. During the first 12 consecutive Monthly Billing Periods, oommeraing with the first Monthly Billing Period in which C.aliaity pnymienls nre to he made, the calculation of the Annual Capacity Baling Factor shall be perforated as follows: (a) during the first Monthly Billing Period, the Annual Capacity Billing Factor shall be equal to the Monthly Capacity Factor, (b) thcividler, the calculation of the Annual Capacity Billing Factor slcdl be compiiW by dividing tie stun of the Monthly Capacity Factors dming the first yen's Monthly Billing Periods in which Capacity payments we to In made by the number of Monthly Bilin Periods wlhidh have elapsed This calculation shall be performed at the end of each Monthly Bal ng Period until enough Monthly Dining Periods, have elapsed to calculate a tare 12 -month rolling average Annual Capacity Billing Factor. Periods during which the Facility has temporarily set its Comnrilted Capacity equal to 0 KW due to a Force Majeure evert pursuant to Section 16 shall be excluded from the applicable capacity factor calculation. MCF = Monthly Capacity Factor. The sun of (i) the Hourly Factors of the Non -Dispatch Homs plica (ti) the Hourly Factors of the Dispatch Homs or the Hourly factors of the hours when FPL requested reduced deliveries pursamnt to Sections 8.4.6 and 8.4.8 (Reduced Delivery Hours divided by the number o£hours in the Monthly Billing Period. IWNDII m Hourly Factor of a Non -Dispatch [lour. The energy received during the hour divided by the Committed Capacity. For purposes of calculating the Hourly Factor of a Non-Dispalch Hour the energy received shall not exceed the Committed C-apacily. HFDH = Hourly Factor of a Dispatch Hour or a Reduced Ddi%vW Hour. The scheduled energy received divided by the scheduled energy requested. For purposes of calculating the Hourly Factor of a Dispatch Hour or the Houdy Factor of a Reduced Delivery Hour the scheduled cneW received shall not exceed the scheduled anergy requested. On -Peak []ours - 'Those hours occurring April I through October 31 Mondays through Fridays, from 12 noon to 9:00 p.m. excluding Menhorial Day, Indcperadence Day and Labor Day; and November I through March 31 Mondays through Fridays from 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 pan. prevailing Gaster time excluding Thaul4ving Day. Chrish reis Day and New f'ear's Day. Fill, shun have One right to change such On- Peak Homs by providing the QS a minimum of thirty calendar dayF advance notice. Monthly Billing = The period beginning an the first calendar day of each calendar month, except that the initial Monthly Billing Period Period shall consist of Ore period beginning 12:01 a.m. on the Capacity Delivery Period Date and ending with the last calendar day of such month. Scheduled Energy and Dispatch Hours are as defined in Section 8.4.7 of the Standard otFer Contact. Issued by: S. E. Romig, Director, Rates and Tariffs Effective: Augusl27,2015 9 • L-1 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 42 1`lAJK1tPA FOW14,11 & JAWIl- tY)MrANY Vr1Rma1 ilnect iNo. ittsta APPENDIX C TO THE STANDARD OFFER CONTRACT TERMINATION FEE The Terhirmtion Fee shall be the sum oftheaalues for each month beginning with the month in which the Capacity DeliveryDateocctus through Ute month of termination (or month of calculation, as the case maybe), computed according to the following formhda: Termination Fee - Termination Fee applicable to Capacity Payment Option plus Termination Fee applicable to Fixed Firm Enerp• Option Termination Fee anolicable to Capacity Pavmtent Options B. C. D and E where: (MCI; - MCPC,) x tv`°i with: MCM - 0 for all periods prior to the in-service date of the Company's Avoided Unit i number of the Monthly Billing Period commencing with the Capacity Delivery Dale (i.e., the month in which Capacity Delivery Date rnxms = 1; the month following the month in which Capacity Delivery Date otters= 2; etc) It = the number ofMonthly Billing Periods which. have elapsed from the month in which the Capacity Delivery (Yate occurs through the month of termination (or month of calculation, as the case may be) 1 = the future value of an amourd factor necessary to compound a sum monthly so the maul percentage rate derived will equal FPI: s incremental after-tax avoided cost of capital (defined as r in QS -2). For any Monthly Billing Period in which MCPQ is gnvlcr than MCP„ t shall equal 1. MCP, - Monthly Capacity Payment paid to QS corresponding to the Monthly Billing Period i, calculated in accordance with Appendix B. MCPr- = Monthly Capacity Payment for Option A corresponding to the Monthly Billing Period i. calculated in accordance with QS -2 In die event that for any Monthly Billing Period, the computation of the value ofte Capacity Payment Termination Fee fe such Monthly Billing Period (as set forth above) yields a valine equal to or greater than zero, the amount ofthe Capacity Payment Termination Fee shall be increased by the amount of tmdn value. In the event that for any Monthly Billing Period, the computation of the value of the Capacity Payment Termination Fee for such Monthly Billing Period (as set forth above) yields a value loss than zcm, the amount of the Capacity Payment Termination Fee shall be decreased by the amount of such value expressed as a positive number (tae "Initial Reduction Value'); provided, however, that such Initial Reduction Valine shall be subject to the following adjustments (the Initial Reduction Value, as adjusted, Ute "Reduction Value): a. In the event that in the applicable Monthly Billing Period the Annual Capacity Billing Factor (ACBI), as defined in Appendix B is less that 80%, then the Initial Reduction Value shall be adjusted to equal zero (Reduction Valero - 0), and the Capacity Payment Termination Fee shall not be reduced for the applicable Monthly Billing Period, b. In tie event that in the applicable Monthly Billing Period Ue Annual Capacity Billing Factor (ACBF), as defined in Appendix B, is equal to or greater than 80% but loss than 9790, then the Reduction Value shall be determined as follows: Reduction Value =Initial Reduction Value [0.04 x (ACBF-72)) For the applicable Monthly Billing Period, the Termination Fee shall be reduced by the amount ofsuch Reduction Value. In no event shall FPI, In liable to the QS at any time for any ammmt by which the Capacity payment Termination Fee, adjusted in accordance with the foregoing, is lass than zero (0). Termination Fee applicable to the Fixed Firm Energy Paymhent Option D Rion to in-senice date ofavoided unit The Termination Fee forthe Fixed Firnh Eurgy Option shall be equal to the cunhdaticT sum of Uhe Fixed Firm Energy PaYinenis made to the QS pursuant to Option D, starting with the in-senice date of the QS facility, for cath billing cycle. Such number shall reach the maximum amount on the billing cycle immediately preceding the billing cycle associated with the in-service date of the Avoided Unit. After in-service date of:woided unit the Termination Fee shall be deercased each lulling cycle following the in-service date of the avoided unit by an amount equal to the dilfemnce between the projected Fired Energy Cost tint was used in the calculation to determine the base energy cart to be fired and amortized pm munil to Option D for such billing cycle and the amortized Fixed Firm Energy Payment in cenlslkW l l times the energy delivered by the QS not to exceed the MWH block specified in Appendix E. Issued try: S. E. Romig, Director, Rates and Tariffs Effective. May 22, 2007 q. 4Z ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 43 rtwncwAM)VYVK& MUM i.UMMINx amgtmrrsneerivo. iu.3ra APPENUX D TO THE STANDARD OFFER CONTRACT DETAILED PROJECT iNFORNUTION Each eligible Contract received by FPL will be evaluated to determine if Ute underlying QS project is financially and technically viable. The QS shall, to the extent available, provide FPL with a detailed project proposal which addresses the information requested below. 1. FACILITY DESCRIPTION • Project Name • Project Location a Street Address ♦ Site Plot Plan ♦ I-cgal l'Jescription of Sitc • Generating Technology • 'Facility Classification ( include types from stahnc) • Primary Fuel • Alternate Fuel (if applicable) • Committed Capacity • Expededln-Service Date • Steatn Ilost (for cogeneration facilities) • Street A(klmss ♦ Legal Description of Steam Host ♦ Iiost's annual steam requirements obs/yr) • Contact Person ♦ Individual's Name and Tide ♦ Company Name ♦ Address ♦ Telephone Number ♦ TciccopyNmnbLr 11. PROJECT PARTICIPANTS • Indicate the entities responsible for the follotsing project management activities and provide a detailed description of Ute experience and capabilities of the entities: • Project Development ♦ Siting and licensing the Facility • Designing the Facility • Constructing die Facility ♦ Scouring the Fuel Supply ♦ Operating the Facility Provide details on all electrical generation facilities which are currently trader construction or operddonal which were developed by the QS. • Describe the financingstructure for The projects identified above, inchtdmg the type: of financing used, the permanent financing term, The major lenders, and Tlr_ percentage of equity invested at financial closing. (Continued on Shed No. 10.316) Issued by: S. F Romig, Director, Rales and Tariffs Effective: May 22, 2007 9- 43 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 44 YJAM111A MWE'H dd LIGHT CUIN MANY (Continued from Sheet No. 10.315) 111. FI1F.L SUPPLY Shecl lvo. 103.16 • Describe all fuels to be used to generate electricity at (lie Facility. Indicate the specific physical and chemical characteristics of each fuel type (e.g., Btu content, sulfur content, ash content, etc.). Idenfifv special considerations regards, fuel supply origin, source and handling, storage and processing requirements. • Provide annual fuel requirements (AFR) necessary to support the requirements pursuant to Section 366.91, Florida Statutes, and the planned levels ofgenerat on and list the assumptions used to detemtine these quantifies. • Protide a summary of the status of the fuel supply arrangements in place to meet tie ARFR in each year of the proposed operating life of the Facility. Use the categenics below to describe the current arrangentclht for securing the APR. Category Description of Fuel Supply Arrangement fuel is from a fully developed owned = source owned by one or more of the project participants contract = fully executed firm fuel contract exists betwree» the developer(s) and fuel supplier(s) 1.01= a letter of intent for the fuel supply exists between developer(s) and fuel supplier(s) REF= renewable energy facility will burn biomass, waste, or another renewable resource spot = Ric] supply will he purchased on the spot market none - no fun fuel supply arrangement currently in place otter = fuel supply arrangement which does not fit any of the above categories (please describe) • Indicate the percentage of the Facility's AFR which is covered by the above fuel supply arrangement(s) for each proposed operating year. 'rho percent of AFR covered for each operating year must total 100%. For fuel supply arrangements identi fled as owned, contract, or LOO, protide documentation to support this category and explain the fuel price mechanism of die arrangement. In addition, indicate whether or not the fhcl price includes delivery and, if so, to what location • Describe fuel transportation networks available for delivering all primary and secondary fuel to the Facility site. Indicate the mode, retire and distance of each segment of the joumcy, from fuel source to the Fnctgy Facility site. Discuss the current statues and pertinent factors impacting future availability of the transportation network. • Provide annual fool transportation requirements (AF FR) necessary to support planned levels of generation and list the assumptions used to determine these quantities. • Provide a summary of the status of the fuel transportation arrangements in place to meet the AFTR in each year of the proposed operating life of the Energy Facility. Use the categories below, to describe the current arrangement for securing the AFTR. owned = fuel transport via a Elly developed system owned by one or more of the project participants contract = filly executed firm transportation contract exists between the developer(s) and fuel transporters) 1,01= a letter of intent for fuel transport gists between developers) and fuel transportet(s) Spot = f iel,transportation will be purchased on the spot ruuwket none = no firm fuel transportation arrangement currently in place ogler - fuel transportation arrangement which does not fit ally of the above categories (please describe) • Indicate the percentage of the Facility's AFR which is covered by the above fuel supply arrangement(s) for each proposed operating year. The percent of AFR covered for each operating year must total 100%. For fuel supply arrangements identified as owned, contract, or LOI, provide documentation to support this category and explain the transportation price mechanism of the arrangement • Provide the maximum, minimurn, and average fel inventory levels to be maintained for primary and secondary fuels at the Facility site. List the assumptions used in determining tie inventory levels. (Continued on Sheet No. 10.317) Issued by: S. F Romig,Directer, Rates and Tariffs Effective- May22,2007 c} ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 45 PIAYKtVA nnvist .0 JAL.".[ cAltvrrAINY (Continued from Sheet No. 10.316) IV. PLANT DISPATCIIABILtfY!CONTROLLABILITY .heel lrn. Iv.3r • Provide the following operating characteristics and a detailed explanation supporting the performance capabilities indicated. ♦ Ramp Rate (MWItninute) • Peak Capability (% above Committed Capacity) ♦ Minimum power level (% ofCcmurtittcd(alrncity) ♦ Facility Turnaround Time, Itot to Mot (iotas) ♦ Start-up Time from Cold Shutdown (hours) a Unit Cycling (4 cycicVyr) • Mw and M VAR Control (AGC, Manual, Other (please explain)) V. SITING AND LI LASING • Provide a licensing/pernutting milestone schedule which lists all perrnits, licences and variances required to site the Facility. The milestone schedule shall also identify key milestone dates for baseline monitoring, application preparation, agency review, certification and licensin&fing beard approval, and agency permit issuance. • Provide a licensing/pennitting plan that addresses the issues of air emissions, water use, wastewater discharge, wetlands, endangered species, protected properties, solid waste, surrounds» g land use, zoning for the Facility, associated linear facilities, and support of and opposition to the Facility. • IList the emissionlctTlucnt discharge limits the Facility will meet, and describe in detail the pollution control equipment to be used to meet these limits. VI. FACILITY DEVELOPTUENT AND PERFORMANCE • Submit a detailed engineering, prochaenhent, construction, startup and commercial operation schedule. The schedule shall include milestones for site acquisition, engineering phases, selection of the major equipment vendors: arcltitect engineer, GPC contractor, and Facility operator, steam host integration, and delivery of major equipment. A discussion of the current status of each milestone should also be included where applicable. • Attach a diagram of the pourer block arrangement. Provide a list of the major equipment vendors and the name and model number of the major equipment to be installed. • Provide a detailed description of the proposed emironrhhental control technology for the Facility and describe the capabilities of the proposed technology. • Attach preliminary flow diagrams for the steam system, water system, and fuel system, and a main electrical one line diagram for the Facility. • State the expected heat rate (HH4) at 75 degrees Fahrenheit for loads of IM, 75%, and 50%. in addition, attach a preliminary heat balance for the Facility. • [NOTE: add any requirements related to demonstrating that the facility meets the requirements under the statute or applicable rules) (Continued on Sheet No. 10318) issued by: S. E. Romig, Director, Rates rend Turiffs Effective: May 22, 2007 ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 46 k1,A).K1VA M)WJ',K& t.ttitir UUMMIvt (Continued from Sheet No. 10.317) �nec1 tvo. 1vs)a VII. FINANCIAL • Provide FPL with assurances that the proposed QS project is financially viable consistent with FPSC Rule 2517.0832(4) (c) by attaching a detailed pro-fonna cash flow analysis. The pre -forma must include, at a minimum, the following assumptions for each year of the project. ♦ Annual Project Revenues • Capacity Payments (S and SH:NV/Mo) • Variable OfiM (S and S/NM%) • Energy (S and SIMNVh) • Steam Revenues (S and %.qb.) • Tipping Fees ($ and $/ton) • interest Income • Other Revenues • Variable OR.At Escalation (%1yr) • Energy Escalation (%tyr) • Steam Escalation (%/yr) • 'lipping Fee Escalation (%lyr) • Annual Project F.xpcn cs • Fixed ORM ($ and $/KW/Mo) • Variable 0&Iv1 (S and SIM Wh) • Energy (S and W%Vh) • Property Taves (S) • Insumnoc (S) • Emission Compliance (S and $M V h) • Depreciation (S and %1yr) • Other Expenses (S) • Fixed O&M Escalation (%/yr) • Variable O&M Escalation (%!yr) • Energy E•scalation(4'ulyr) • Other Project Information • Installed Cost ofthe Energy Facility (S and S/KW) • Committed Capacity (K\V) • Avenge heat Rate - 141IV (1011TUMU li) • Federal Income Tax Rale (?o) • Facility Capacity Factor (%) • Energy Sold to FPL (MWH) ♦ Permanent Financing • Permanent financing Term (yrs) • Project Capital Structure (percentage of long-term debt, subordinated debt, tax exempt debt, and equity) • Financing Costs (cost of long -tern debt, subordinated debt, tax exempt debt, and equity) • Annual Interest Expcnsc • Annual Debt Service (S) • Amortization Schedule (beginning balance, interest expense, principal reduction, ending balance) • Provide dcWls ofthe financing; plan for IhC project and indicate whcdrer the prhicet will be non-recourse project financed If it will not he project financed please explain the alternative financing arrangement. • Submit financial statements for the last nvo years on the principals ofthe project- and provide an illustration ofthe project ownership structure. Issued IT. S. E. Romig, Director, Rates and Tariffs Efective: May 22, 2007 - � G ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 47 PJAM111A renyP,,r( & JAUH I UUNWIUx r APPENDIX E TOTHE STANDARD OFFER CONI'RA(,1' CONTRACT OPTIONS TO BF, SF.I,F.CTED BY QS Term of Contract Execution date Termination date Firm Capacity Rates Conmrencement date for deliveries of Firm Energy and Capacity _ Capacity Payment Option Selected (from available Options A through E) If Option E is selected proposed payment stream: Schedule of Capacity Payments to be provided by the Company based on applicable pararnetets follows: Year MWIMontt Energy Rates meet INO. LU -1I V Energy payment Options selected applicable to energy produced by the QS and delivered to the Company (from available Option A or B and D) Select from Option A or B And Select D if Option D is selected by the QS; the Cmnpany and the QS mutually agree on fixing nod amortising the follouing portion of die Base Energy Costs associated with the Avoided Unit % which yields MWH Projected Energy Cost of Energy Produced by Avoided Unit (provided by Ute Company); Year Projected Fixed F;nerpw Cost (in Cents/KWH or in Dollard Raced on the projections of Energy Costs Produced by the Avoided Unit and the muntally agreed upon Portion of the Base Energy Costs associated with the Avoided Unit the Fixed Energy Payment shall be SIM W H or $ (as applicable). Issued by: S. F,. Romig, Director, Rates and Tariffs Effective; May 22,2007 FILED 2/22/2018 DOCUMENT NO. 01769-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for determination under Rule 25- DOCKET NO. 20170148 -El 6.115, F.A.C., and approval of associated ORDER NO. PSC -2018 -0099 -CO -EI revised tariff sheet 6.300, by Florida Power & ISSUED: February 22, 2018 Light Company. CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC -2018 -0050 -TRF -EI, 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 the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -2018 -0050 - TRF -EI has become effective and final. It is further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 22nd 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. q -y i •A '1, ORDER NO. PSC -2018 -0099 -CO -EI DOCKET NO. 20170148 -El PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. 941.9 FILED 2/22/2018 DOCUMENT NO. 01770-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION CJ 1�-� In re: Environmental cost recovery clause. DOCKET NO. 20180007 -El ORDER NO. PSC-2018-0100-FOF-EI ISSUED: February 22, 2018 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ORDER APPROVING FLORIDA POWER & LIGHT COMPANY'S MID -COURSE CORRECTION TO ITS ENVIRONMENTAL COST RECOVERY FACTORS AND ASSOCIATED TARIFFS BY THE COMMISSION: Background On November 17, 2017, Florida Power & Light Company (FPL) filed a petition for mid- course correction to its 2018 Environmental Cost Recovery Clause (ECRC) factors approved by Order No. PSC-2018-0014-FOF-EI.' FPL has requested that the revised factors become effective March 1, 2018. The mid -course correction is a result of stipulation 10G entered into by FPL and other parties and approved by the Florida Public Service Commission (Commission) on October 25, 2017. Mid -course corrections are rare in the ECRC docket and are more typical in the fuel docket. Mid -course corrections are considered preliminary procedural decisions, and any over - recoveries or under -recoveries caused by, or resulting from, our approved adjusted cost recovery factors may be included in the following year's cost recovery factors. In this case, the requested mid -course correction will result in lower cost recovery factors for FPL's customers. This mid -course correction was filed by FPL with the intention that the proposed decrease in rates will become effective March 1, 2018. Typically, effective dates are set a minimum of 30 days after our vote approving a mid -course correction. However, we have also implemented charges in less than 30 days when circumstances warrant. In this instance, the interval between our vote on this matter and the proposed implementation date of March 1, 2018, is 22 days. Since this filing results in a decrease to rates, we find the 22 day interval to be 'Order No. PSC-2018-0014-FOF-EI issued January 4, 2018, in Docket No. 20180007 -EI, In re: Environmental Cost Recovery Clause. gLAN- ORDER NO. PSC -2018-0 1 00-FOF-EI DOCKET NO. 20180007 -El PAGE 2 sufficient. We have jurisdiction over this matter pursuant to Sections 366.05 and 366.8255, Florida Statutes. Analysis and Decision The St. John River Power Plant (SJRPP) transaction was resolved by settlement between the Office of Public Counsel and FPL through a joint stipulation approved by this Commission on September 25, 2017. At that time, FPL had already filed its 2018 ECRC projection filing. Thus, we approved a stipulation requiring FPL to file a mid -course correction in this docket on November 17, 2017, for us to address at our February 6, 2018 Commission Conference. The approved revised ECRC factors will go into effect on March 1, 2018. The impact of the SJRPP transaction is a reduction in ECRC revenue requirements by $1,123,318 for the projected year of 2018. This reduction in revenue requirement results in the 2018 ECRC factor for the RS -1 rate decreasing from 0.159 cents per kilowatt/hour(kWh) to 0.158 cents per kWh. FPL will provide customers notice of this reduction and the associated reduction in Docket No. 20170001 -EI via a March billing insert. Upon review, we approve FPL's petition for mid -course correction to its 2018 ECRC factors and associated tariff sheets. The revised factors and associated tariffs shall become effective March 1, 2018. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's petition for a mid -course revision to its 2018 environmental cost recovery clause factors and associated tariff sheets is hereby approved. It is further, ORDERED that the environmental cost recovery clause docket is on-going and shall remain open. ORDER NO. PSC -2018-0I 00-FOF-EI DOCKET NO. 20180007 -El PAGE '�.LTJ By ORDER of the Florida Public Service Commission this 22nd 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. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request: 1) reconsideration of the decision by filing a motion for reconsideration with the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within fifteen (15) days of the issuance of this order in the form prescribed by Rule 25-22.060, Florida Administrative Code; or 2) judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water 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(x), Florida Rules of Appellate Procedure. ORDER NO. PSC-2018-0100-FOF-EI DOCKET NO. 20180007 -EI PAGE 4 Docket No. 20170007 -El 2018 MCC. - kcviscd Tari fr Shccis Appendix 2, Page 7 of 8 Forly-Seven4hEi t Revised Sheet No. &030 FLORIDA POWER & LTGTTT CONWANY Cancels Forty-gWkSeventh Revised Sheet No. 8.030 9ti-1Al ORDER NO. PSC-2018-0100-FOF-EI DOCKET NO. 20180007 -El PAGE 5 Docket No. 201 70007-E1 2018 MCC - Itcviscd Ts6 fT Sheels Appendix 2, Page 8 of 8 Twenty-T44FdFaurth Revised Sheet No. &030.1 FLORIDA POWER & LIGHT COMPANY Cancels Twenty-See"dTh_rd Revised Sheet No. &030.1 (Coutimxd from Sheet No. 8.030) BJI,LTNG ADJUSTMENTS (Contim,ed) RATE FUEL CONSERVATION CAPACITY ENVIRON -1AENTAL SCITG2)IJI.E p/kWh ¢lkWh oilc"'h 0&1% MAI O kWh $/kW ¢1kWl, Levelized On- Off - Peal: Peal, OS -2 2-4402-520.0821=1 9 9R30.c42 08 Iv11;T X2.59 6 0.60 4-x+ . 44-2 127 - 26 CILC-1((3) 44{83 2-44-2, 0.6.3 �8?Q 444.9).115 x)52 4x1 CILC-1(D) 34443 22-4229Z.^. 0.63 4-G?0. EN-WLI= 1 S f 415 97 C1I,C-](T) 2 a-494- . 0.61 I -W2. A�E790.108 .974 367 9-4- SL-1,OL-1, RL -1, -4-49 2-52 0.042) 0.030 PL -I /SL -1 M SL -2, (iSCU-1ISL- 2.6152.61 0.111 0=1 04 ;*.1() 2M 1 68 RDD DDC RDD DDC SST -1(T) 3:6&32 43&1`2. 1 0.07 0.03 04'-Y-)4.Q6S A�E�0.101 .974 367 11 .05 SST-I(DI) 3I4i_3 9-44.3 0,07 0.03 6-13- 0.0(1 X60.125 OS 429 SST -1(D2) X441-3 - ^4"^_2. 0.07 0.03 6 }?0. 0.06 A } {,+).125 l5 28 , SST -I (D3) 4-4461 = Q2 0.07 0.03 4 - 0 OCi 012Fi0.12$ .036 416 1 ISST-I (D) 3-1-442,L 0.07 0:03 40. 0.06 4.4; sJ_125 035 4, l ISST-1(T) a.?822 Q-341 0.07 0.03 W30.9.@6- .974 � 11 f15 Issued by: S. E. Romig. Director, Rates and Tariffs Effective. dxaunFy 1,20.18 lwlkS _ :FILED 2/26%2018 DOCUMENT NO. 01847-2018 'FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION V14e, LJ In re: Application for limited proceeding for DOCKET NO. 20170272 -El recovery of incremental storm restoration costs ORDER NO. PSC -2018 -0103 -PCO -EI related to Hurricanes Irma and Nate, by Duke ISSUED: February 26, 2018 Energy Florida, LLC. The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ORDER APPROVING INTERIM STORM RECOVERY CHARGE BY THE COMMISSION: Background On December 28, 2017, Duke Energy Florida, LLC (DEF) filed a petition for a limited proceeding seeking authority to implement an interim storm restoration recovery charge to recover a total of $513.2 million for the incremental restoration costs related to Hurricanes Irma and Nate and to replenish its storm reserve. In its petition, DEF asserted that, as a result of Hurricanes Irma and Nate, it incurred total retail recoverable costs of approximately $425 million, less its pre -storm reserve balance of $54 million, resulting in net recoverable costs of $371 million. In addition, DEF proposes to replenish its storm reserve to the $132 million balance that existed in February 2012. Interest, bond issuance expense, and the regulatory assessment fee gross -up adds an additional $10.2 million to the amount of recoverable costs. DEF filed its petition pursuant to the provisions of the 2017 Second Revised and Restated Settlement Agreement (2017 Settlement) approved by the Commission in Order No. PSC -2017- 0451 -AS -EU.' Pursuant to the 2017 Settlement, DEF can recover storm costs, without a cap on the level of charges on customer bills, on an interim basis beginning 60 days following the filing of a petition for recovery. Although the 2017 Settlement provides for a 12 -month recovery period, DEF recognizes that the imposition of the full storm recovery amount over 12 months would result in an interim storm restoration recovery surcharge of over $15 per 1,000 kWh on a residential customer bill. Therefore, to mitigate this large rate increase, DEF proposes to spread the storm recovery amount over 36 months effective March 1, 2018, which would result in an 'Order No. PSC -2017 -0451 -AS -EU, issued November 20, 2017, in Docket No. 20170183 -EI, In re: Application for limited proceeding to approve 2017 second revised and restated settlement agreement, including certain rate adjustments, by Duke Energy Florida, LLC. W -0-r ORDER NO. PSC -2018 -0103 -PCO -EI DOCKET NO. 20170272 -EI PAGE 2 interim storm restoration recovery surcharge of $5.20 per 1,000 kWh on a residential customer bill. On January 24, 2018, DEF filed a Motion to Approve Implementation Stipulation to implement the 2017 Settlement. On February 5, 2018, DEF filed its Notice of Amendment to Implementation Stipulation (implementation stipulation). All signatories to the 2017 Settlement joined in and support the implementation stipulation. We have jurisdiction over this matter pursuant to Sections 366.04, 366.05, 366.06, and 366.076, Florida Statutes. Decision DEF filed a petition for a limited proceeding seeking authority to implement an interim storm restoration recovery charge to recover a total of $513.2 million for the incremental restoration costs related to Hurricanes Irma and Nate and to replenish its storm reserve. The requested recovery of $513.2 million represents net retail recoverable costs of approximately $371 million, plus an additional $132 million to replenish its storm reserve to the balance that existed in February 2012. In addition, the $513.2 million includes an additional $10.2 million for interest, bond issuance costs, and a regulatory assessment fee true -up. The petition was filed pursuant to the provisions of the 2017 Settlement we approved in Order No. PSC -2017 -0451 - AS -EU. Pursuant to Paragraph 38 of the 2017 Settlement, DEF can begin recovery of storm costs, without a cap, 60 days following the filing of a petition for recovery. In order to limit the monthly charge to customers, DEF has requested an interim storm restoration recovery charge of $5.20 on a monthly 1,000 kWh residential bill to be recovered over a 36 -month period, effective March 1, 2018 through February 28, 2021. In its petition, DEF asserts that it incurred total retail recoverable costs of approximately $371 million as a result of Hurricanes Irma and Nate. DEF further asserts that this amount was calculated in accordance with the Incremental Cost and Capitalization Approach (ICCA) methodology prescribed in Rule 25-6.0143, Florida Administrative Code. The net retail recoverable costs of $371 million were determined by reducing the $425 million total recoverable costs by the pre -storm storm reserve balance of $54 million. Paragraph 38 of the 2017 Settlement also allows DEF to request the replenishment of its storm reserve to $132 million. In its petition, DEF filed a proposed Eighty -First Revised Tariff Sheet No. 6.105 to implement the approved storm recovery charge. However, following our approval of the implementation stipulation, DEF withdrew its proposed tariff. DEF's implementation stipulation is attached to this Order in Attachment A. It seeks to avoid volatility in customer rates by recognizing and then utilizing annual tax reform benefits resulting from the 2017 Tax Act as a direct offset to avoid implementing separate cost recovery of storm damage costs that customers would have otherwise have been obligated to pay. With our approval of the implementation, DEF shall be entitled to record a monthly storm reserve accrual equal to one -twelfth of our approved annual revenue requirement impact of the Tax ACT and credit the retail storm reserve from January 2018 through full recovery of our final approved actual storm recovery amount. ORDER NO. PSC -2018 -0103 -PCO -EI DOCKET NO. 20170272 -EI PAGE 3 Once the final approved actual storm recovery amount has been recovered, or offset, DEF shall reduce base rates in the manner prescribed in the 2017 Settlement. Our approval of an interim storm restoration recovery charge is preliminary in nature and is subject to true -up pending further review once the total actual storm restoration costs are known. After the actual costs are reviewed for prudence and reasonableness, and are compared to the actual amount recovered through the interim storm restoration recovery charge, a determination will be made whether any over/under recovery has occurred. The disposition of any over/under recovery, and associated interest, shall be considered by us at a later date. Based on our review of the information provided by DEF in its petition, we hereby authorize DEF to implement an interim storm restoration recovery charge subject to true -up. Once the total actual storm costs are known, DEF shall be required to file documentation of the storm costs for our review and true -up of any excess or shortfall. This is not a confirmation or endorsement of the prudence of DEF's forecasted costs and plans. This order only allows DEF to begin recovery on an interim basis in accordance with the 2017 Settlement agreement. This interim recovery is subject to true -up following a hearing or formal proceeding where the veracity and prudence of DEF's actual restoration costs can be fully vetted. Additionally, we find that the implementation stipulation is in the public interest and hereby approve DEF's Amended Implementation Stipulation. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Duke Energy Florida, LLC is hereby authorized to implement an interim storm restoration recovery charge as amended. It is further ORDERED that Duke Energy Florida, LLC's Amended Implementation Stipulation is hereby approved. It is further ORDERED that Duke Energy Florida, LLC shall file with this Commission documentation of the actual storm costs once those costs are known. It is further ORDERED that this docket shall remain open for future disposition by this Commission. ORDER NO. PSC -2018 -0103 -PCO -EI DOCKET NO. 20170272 -El PAGE 4 I Vii•] By ORDER of the Florida Public Service Commission this 26th day of February, 2018. "dI Q _ CARLOTTA S. STAUFFE Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25- 22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above; pursuant to Rule 9.100, Florida Rules of Appellate Procedure. gH164 ORDER NO. PSC -2018 -0103 -PCO -EI DOCKET NO. 20170272 -EI PAGE 5 Amended Imdementation Stioul 'KM Attachment A Page 1 of 2 1. The 2017 Second Revised and Restated Settlement Agreement ('Agreement") was approved by the Commission in Order No. PSC -2017 -0451 -AS -EU. As explained more fully 'below, the signatories to the Agreement enter into this Stipulation to implement spedficprovisions related to the timing of rate treatment of certain events contemplated in the Agreement that have become manifest (Le., storm restoration costs and federal tax reform). 2- Paragraph 38(c) of the Agreement grants Duke Energy Florida, LLC ('DEP) the right to recover, on an interim basis, storm damage costs sixty days after fling a petition with the Commission. Pursuant to this paragraph, on December 28, 2017, DEF fled for the recovery of $513 million esti mated for storm damage costs associated with Hurricanes Irma and Nate and replenishment of DEPS retail storm damage reserve to the level specified in the Agreement. To reduce rate impacts to customers, DEF proposed to recover this amount over three years, resulting in approximately $171 million of costs to be recovered from customers annually starting in"March 2018. The Commission has opened Docket No_ 20170272 -EI to consider DEPS request 3_ Paragraph 16 of the Agreement provides a mechanism for calculating and implementing the impact of tax reform on DEPS rates, which will inure to the benefit of customers on the effective date of tax reform changes On December 22, 2017, the President signed the Tax Cuts and Jobs Act ("Tax Act") into law. Part of the Tax Act includes a reduction in the corporate tax rate from 35 percent to 21 percent DEF, using the methodologies set forth in Paragraphs 16(b) and 16(c) of the Agreement, has preliminarily estimated the impact of the Tax Act to result in a reduction in revenue requirements of approximately $135 .million ,per year (after taking into account the $50 million actelerated depredation of Crystal River ('CR') Units 4 and Sias expressly provided in the Agreement). DEF and the other signatories to the Agreement agree that the $135 million estimated annual Tax Act revenue requirement impact is based on preluninary data and is subject to final true -up. As specified in the Agreement DEF is obligated to reduce customer base rates within 120 days of the December 22, 2017 enactment date, or by April 21, 2018, upon a thorough review of the effects of the Tax Act on base revenue requ'm±menns to account for the impacts of the Tax Act. Any final true -up associated with .further refinement of the estimate and recognition of the pre -implementation will be reflected in the amount recognised consistent with paragraph 5 below. 4. The storm damage costs are allocated to customer rate classes in the same manner as base rates. Absent this Implementation Stipulation, DEF would be authorized to increase rates by an average of $171 million per year starting in March 2018, and would subsequently reduce'base rates at it laterdate in 2018 by an estimated $135 million per year. The Signatory Parties seek to avoid this volatility in customer rates and agree that DEF should effectively utilize the annual Tax Act bereeiits to avoid implementing the charge to customers for storm damage costs that they would have otherwise been chlgated to .pay. To accomplish this goal, DEF shall, after Commission approval of the interim storm restoration recovery charge, withdraw the tariff sheets it filed with its December 28, 2017 filing. The parties request that the Commission consider this stipulation in conjunction with its approval of this interim charge. Because those tariff sheets also included the impact of the Ann Securiti¢ation Charge True -Up {Docket 44165 ORDER NO. PSC -2018 -0103 -PCO -EI DOCKET NO. 20170272 -EI PAGE 6 Attachment A Page 2 of 2 2015071 -EQ, DEF shall s'unultaneousty submit revised tariff sheets to reflect only the changes associated with the Asset Seanitization Charge True -Up. S. Based on the current storm restoration cost estimates, which are subject to change pending a finial Commission order in Docket No- 20170272 -EI and the yet -to -be filed docket regarding the Tax Act, DEF projects that the full estimated storm costs shall be reazvered by approximately mid -2021. The signatories agree that DEF shall be entitled to record a monthly storm reserve accrual equal to one-twelfttm of the annual Commission -approved revenue requirement impact of the Tax Act and credit the retail storm reserve from January 2018 through full recovery of the final Commssion-approved actual seann recovery amount, and that a specific condition of the net bill impacts of this stipulation is that the Commission will issue an order explicitly audwrizing such action. The signatories agree that once Ahe final Commission -approved actual storm recovery amount has been recovered, DEF shall reduce base rates in the manner prescribed in the Agreement and commensurate with the CommWion-approved Tax Act savings beginning in the month following the final month of storm recovery (including reserve replenishment)_ DEF agrees to file tariff sheets at least 60 days before this date to reflect the reduced rates. 6_ All signatories m�ntain and do not waive their rights to raise any argument that is allowed under the Agreement with respect to the reasonable and prudent level of storm damage costs and the calculation of the Tax Act impacts. It is the intent of the parties, and a condition of this stipulation, that the two.distinct proceedings contemplated in Paragraphs 38(c) and 16 shall be conducted as if this stipulation did not exist and that final determinations of actual storm costs and tax savings 'be made independently and separately_ 7_ The parties intend that the storm damage costs be transparent and ascertainable on a stand alone basis and that the benefits of the Tax Act impacts be transparent and asmrtamable on a stand alone basis. DEF shall file quarterly a storm cost overview which accounts and repots on the storm damage costs, the costs remaining to be satisfied, the projected date such costs will be satisfied and the amount of Tax Act savings applied to storm damage costs. ggI0 FILED 2/26/2018 DOCUMENT NO. 01849-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION y�%le I b In re: Fuel and purchased power cost recovery DOCKET NO. 20180001 -EI clause with generating performance incentive ORDER NO. PSC -2018 -0105 -PCO -EI factor. ISSUED: February 26, 2018 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE 1. BROWN DONALD J. POLMANN GARY F. CLARK RDER APPROVING FLORIDA POWER & LIGHT COMP PETITION FOR MID -COURSE CORRECTION BY THE COMMISSION: On November 17, 2017, Florida Power & Light Company (FPL) filed a Petition for Mid - Course Correction of Fuel Cost Recovery and Capacity Cost Recovery Factors and GPIF Targets for 2018 (Petition). The Petition seeks three things: 1) to reduce the respective 2018 fuel cost recovery factors approved in Order No. PSC-2018-0028-FOF-EI;I 2) to approve the capacity factors; and 3) to approve the revisions to FPL's generating performance incentive factor (GPIF) performance metrics. The requested approvals reflect the impact of the Commission -approved St. John's River Power Park (SJRPP) transaction, pursuant to Order No. PSC-2017-0415-AS- EI.z Mid -course corrections are part of the fuel and purchased power cost recovery clause (fuel clause) proceeding, and such corrections are used by this Commission between fuel clause hearings whenever costs deviate from revenues by a significant margin. Petitions for mid -course corrections to fuel factors are addressed by Rule 25-6.0424, Florida Administrative Code (F.A.C.). Under this rule, a utility must notify the Commission whenever it expects to experience an under -recovery or over -recovery greater than 10 percent. Pursuant to Rule 25- 6.0424, F.A.C., the mid -course percentage is the estimated end -of -period total net true -up amount divided by the current period's total actual and estimated jurisdictional fuel revenue applicable to period amount. Mid -course corrections are considered preliminary procedural decisions, and any over -recoveries or under -recoveries caused by or resulting from the Commission -approved adjusted fuel factors may be included in the following year's fuel factors. If approved by this Commission, this mid -course correction will result in lower cost recovery factors for FPL's customers. This mid -course correction was filed by FPL with the 'Order No. PSC-2018-0028-FOF-EI, issued January 8, 2018, in Docket No: 20180001 -EI (2017 Order), In re: Fuel and Purchased Power Cost Recovery Clause with Generating Performance Incentive Factor. OOdder No. PSC -2017 -0415 -AS -EI, issued October 24, 2017, in Docket No: 20170123 -EI, In re: Petition for aonroval of arrangement to mitigate unfavorable imbact of St. John's River Power Park. by Florida Power & Light Company. ORDER NO. PSC -2018 -0105 -PCO -EI DOCKET NO. 2018000 1 -EI PAGE 2 intention of the proposed decrease in rates becoming effective March 1, 2018. Typically, effective dates are set a minimum of 30 days after our vote modifying the charges as the result of a mid -course correction.3 This time limit is imposed in order to not have new rates applied to energy consumed before the effective date of our action, i.e., the date of the vote. However, we have also implemented charges in less than 30 days when circumstances warrant.4 In this instance, the interval between our vote on this matter (February 6, 2018) and the proposed implementation date (expected to be March 1, 2018) is 22 days. Since this filing, if approved, results in a decrease to rates, we find that the 22 day interval is sufficient. This Commission's jurisdiction to consider fuel clause proceedings derives from our authority to set fair and reasonable rates, found in Section 366.05, Florida Statutes. T)F.C'ISTON FPL's projection testimony and schedules for 2018 were filed on August 24, 2017, which came before this Commission had considered a separately -docketed matter to approve an arrangement to mitigate unfavorable impacts stemming from its partial ownership of the St. Johns River Power Park (SJRPP Transaction). The impact of the SJRPP Transaction was not reflected in FPL's calculations included in its projection testimony and schedules filed on August 24, 2017. On September 25, 2017, the Commission approved FPL's and OPC's stipulation and settlement resolving all issues concerning the SJRPP Transaction.5 Order No. PSC-2018-0028- FOF-EI,' approved the stipulation requiring FPL to file a mid -course correction to reflect the impacts of the SJRPP Transaction no later than November 17, 2017, and FPL did so. Midcourse Adjustment for Fuel Cost Recovery (FCR) Factors FPL's currently authorized 2018 fuel factors were set by this Commission following the October 25, 2017 fuel hearing, and codified in the 2017 Order. These factors are based on FPL's projected fuel costs for 2018, plus the true -up amounts from 2017. Given the timing of our approval of the SJRPP Transaction, FPL is requesting that the current mid -course correction reflect its 2018 cost recovery factors. The Company notes, however, that its mid -course 'Gulf Power Co. v. Cresse, 410 So. 2d 492 (Fla. 1982); Order No. PSC-96-0907-FOF-EI, issued on July 15, 1996, in Docket No. Docket No. 19960001 -EI, In re: Fuel and purchased power cost recovery clause and generating performance incentive factor; Order No. PSC-1996-0908-FOF-EI, issue J July 15, 1996, in Docket No. 19960001 - EI, In re: Fuel and purchased power cost recovery clause and generating performance incentive factor; Order No. PSC-97-0021-FOF-El, issued on January 6, 1997, in Docket No, 19970001 -EI, In re: Fuel and purchased power cost recovery clause and generating performance incentive factor. 4Order No. PSC -01 -0963 -PCO -El, issued April 18, 2001, in Docket No. 20010001-E1, In re: Fuel and purchased power cost recovery clause and generating performance incentive factor (allowing recovery of increase in fiiel factor in order to decrease the carrying costs and therefore the total amount ratepayers were ultimately required to repay.); Order No. PSC-00-2383-FOF-GU, issued December 12, 2000, in Docket No. 20000003 -GU, In re: Purchased gas adjustment (PGA) true -up (allowing recovery of an increased gas fuel factor due to drastic increases in natural gas prices in winter of 2000-2001.); Order No. PSC -15 -0161 -PCO -EI, issued April 30, 2015, in Docket No. 20150001 - EI, In re: Fuel and Purchased Power Cost Recovery Clause with Generating Performance Incentive Factor (approving FPL's petition for a mid -course correction, thereby reducing fuel factors with less than 30 days notice). 5Order No. PSC -2017 -0415 -AS -EI, issued October 24, 2017, in Docket No. 20170123 -EI (SJRPP Order), In re: Petition for approval of arrangement to mitigate unfavorable impact of St. Johns River Power Park, by Florida Power & LightCompany. 6Order No. PSC-2018-0028-FOF-EI, issued January 8, 2018, in Docket No. 20180001-E1, In re: Fuel and purchased power cost recovery clause and generating performance incentive factor. 947 c 2 ORDER NO. PSC -2018 -0105 -PCO -EI DOCKET NO. 20180001 -EI PAGE 3 correction is limited to only the impact of the SJRPP Transaction. The accounting treatment approved in the SJRPP Order authorizes FPL to recover fuel -related costs associated with the SJRPP Transaction through the fuel cost recovery (FCR) clause. The SJRPP Transaction closed and the plant was retired on January 5, 2018. As a result, purchased power payments and coal inventory balances will reflect decreases. FPL states in its mid -course correction filing that "these decreases are partially offset by an increase in natural gas consumption." (FPL Petition, page 4, paragraph 9) The accounting changes result in a total variance from the original 2018 projection filing of $22,933,601, or 0.799 percent. If FPL's Petition is granted, this amount would be recovered through reduced fuel and capacity cost recovery factors for March—December 2018. The March - December 2018 FCR factor decreased from 2.630 cents per kWh to 2.606 cents per kWh, and results in a reduction of $0.24 for a residential customer using 1,000 kWh of electricity. The revised fuel cost recovery factors are reflected on Attachment A. Midcourse Adjustment for Capacity Cost Recovery (CCR) Factors Pursuant to the SJRPP Order, the SJRPP Transaction settlement authorized FPL to recover certain costs associated with the SJRPP shutdown through the Capacity Cost Recovery (CCR) clause. As stated in the SJRPP Order, FPL will create a Shutdown Payment Regulatory Asset in the amount of $90.4 million as FPL's payment to JEA. As such, FPL is allowed to recover: 1) amortization of the regulatory asset over the remaining Power Purchase Agreement (PPA) it has with JEA, through its term (October 2021); and 2) a return on the unamortized balance calculated at FPL's weighted cost of capital used for adjustment clause proceedings. The SJRPP Order also authorized FPL to eliminate the annual capacity payment that would be due under the SJRPP PPA, and refund through the CCR clause the costs incurred for suspension liability and a return on the unamortized balance, which is calculated as above using FPL's weighted cost of capital used for adjustment clause proceedings. As such, FPL will refund the costs incurred for deferred interest liability and dismantlement accrual, none of which FPL will be required to pay upon termination of the PPA. This CCR mid -course correction reflects the SJRPP-related adjustments and also credits to customers the carrying charges associated with Nuclear Cost Recovery Clause 2015 and 2016 Final True -ups, approved by this Commission as the over -recovery for those periods. As a result, the total capacity cost over -recovery is approximately $20,410,866 or 7.2 percent. This amount reduces the CCR factors for each rate group for the period March -December 2018. The revised capacity cost recovery factors are reflected on Attachment B. Revision of the GPIF Targets and Ranges for 2018 Consistent with the discussion on the revised fuel cost projection, appropriate adjustments to FPL's GPIF targets/ranges for heat rate are needed due to the effects of the SJRPP transaction. The revised GPIF targets and ranges for the 12 GPIF units provided in Appendix 4 of FPL's petition show a slightly lower average heat rate value, reflecting a higher performance 7 I FPL's petition, it stated the SJRPP Transaction was projected to close on January 5, 2018. FPL's January 16, 2018, response to Commission staff's First Data Request, Question No. 7, the Company confirmed that the plant closure occurred as projected. The SJRPP was retired on January 5, 2018. qqi C3 ORDER NO. PSC -2018 -0105 -PCO -EI DOCKET NO. 20180001 -EI PAGE 4 target. Availabilities of the GPIF units are not changed by the SJRPP transaction, thus no revisions are needed for the GPIF targets/ranges for equivalent availabilities. The revised 2018 GPIF Targets and Ranges are reflected on Attachment C. Bill Impact and Customer Notifications Consistent with the 2017 Fuel Order, the bill for a residential customer using 1,000 kilowatt hours (kWh) of electricity for the period March -December, 2018, was projected to be $99.75 per month, with a fuel cost recovery component of $22.97 per month, and a capacity cost recovery component of $2.81 per month.$ As proposed, the fuel cost recovery component will be reduced by $0.24 per month, and a similar reduction will be applicable to capacity cost recovery factors as well. Both reductions are reflected in the typical bill comparison that is presented in Table 1 of Attachment E. - We find that implementing reduced fuel cost recovery factors is in the best interests of FPL's customers because the factors would be decreasing, and customers would receive the benefit of reduced rates as quickly as administratively possible. At a noticed informal conference between our staff and interested parties held January 4, 2018, FPL stated that it initially notified customers with bill inserts regarding this matter about the time its Petition was filed. In the January 2018 bill, the Company sent customers a quarterly newsletter that addressed the pending action in this matter. Beginning in February, FPL's website will include links to show the proposed rate schedules for residential and business rate classes that are proposed to become effective March 1, 201b. The Company stated that physical restrictions on bill inserts limit the amount of detail that can be included in such notifications, but noted its customers can access detailed billing information from links on the Company's website.9 For the reasons discussed above, we approve FPL's request for mid -course correction to its 2018 fuel and capacity cost recovery factors, associated tariff sheets, and a revised 2018 GPIF Target and Ranges. The revised fuel and capacity cost recovery factors and associated tariffs sh become effective March 1, 2018. The recommended fuel cost recovery factors are presented in Attachment A, the capacity cost recovery factors are presented in Attachment B, the GPIF Targets and Ranges are presented in Attachment C, the associated tariff sheets are shown as Attachment D, and, finally, a typical bill comparison is presented in Attachment E. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's Petition for Mid -Course Correction of Fuel Cost Recovery and Capacity Cost Recovery Factors and GPIF Targets for 2018 is hereby approved. It is further 'These amounts do not reflect any storm -related charges attributable to named storms that impacted FPL's service territory in the 2017 hurricane season, nor do they reflect a true -up adjustment to the storm restoration surcharge FPL addressed in its January 16, 2018, response to Commission staff's First Data Request, Question No. 13. In addition, these amounts do not reflect any changes that may be approved by this Commission in other docketed matters. 9Commission staff reviewed the customer notification materials used for residential and business customers. ORDER NO. PSC -20 i 8-0105-1'CO-El DOCKET NO. 20180001 -EI PAGE 5 ORDERED that the fuel and capacity cost recovery factors are approved as stated in Attachments A and B, respectively. It is further ORDERED that the revised 2018 GPIF Targets and Ranges as stated in Attachment C and the tariff sheets in Attachment D are hereby approved. It is further ORDERED that the revised fuel and cost recovery factors, the associated tariff sheets, and the revised GPIF Target and Ranges shall become effective with the March 2018 billing cycle, which begins on March 1, 2018. It is further ORDERED that this docket shall remain open. By ORDER of the Florida Public Service Commission this 26th day of February, 2018. CARLOTTA S. STAUFFER Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.f7oridapsc.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. . SBr ORDER NO. PSC -2018 -0105 -PCO -EI DOCKET NO. 20180001 -EI PAGE 6 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25- 22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate Procedure. Skil C � ORDER NO. PSC -2018 -0105 -PCO -EI DOCKET NO. 20180001 -EI PAGE 7 Table 1 FPL Revised Fuel Cost Recovery Factors for the Period March -December, 2018 ATTACHMENT A Page 1 of 2 Rate Average Loss Fuel Group Rate Schedule Factor Multiplier Recovery Factor RS -1 first 1,000 kWh 2.606 1.00206 2.273 A RS -1, all addl. kWh 2.606 1.00206 3.273 GS -1, SL -2, GSCU-1, WIES-I 2.606 1.00206 2.611 A-1 SL -1, OL -1, PL -1 2.523 1.00206 2.528 B GSD -1 2.606 1.00202 2.611 C GSLD-1, CS -1 2.606 1.00150 2.610 D GSLD-2, CS -2, OS -2, MET 2.606 0.99635 2.596 E GSLD-3, CS -3 2.606 0.97646 2.545 GST -1 On -Peak 3.046 1.00206 3.052 GST -1 Off Peak 2.424 1.00206 2.429 A RTR-I On -Peak - - 0.441 RTR-1 Off -Peak - - 0.182) GSDT-1, CILC-1(G), HLFT-1 (21-499 kW) On 3.046 1.00202 3.052 Peak B GSDT-1, CILC-1(G), HLFT-1 (21-499 kW) Off Peak 2.424 1.00202 2.429 GSDLT-1, CST -1, HLFT-2 (500-1,9999 kW) 3.046 1.00150 3.051 On Peak C GSDLT-1, CST -1, HLFT-2 (500-1,9999 kW) Off Peak 2.424 1.00150 2.428 GSDLT-2, CST -2, HLFT-3 (2,000+ kW) On Peak 3.046 0.99672 3.036 D GSDLT-2, CST -2, HLFT-3 (2,000+ kW) Off Peak 2.424 0.99672 2.416 GSDLT-3, CST -3, CILC-1(T), ISST-1(T) On Peak 3.046 0.97646 2.974 E GSDLT-3, CST -3, CILC-1(T), ISST-1(T) Off Peak 2.424 0.97646 2.367 CILC-1(D), ISST-1 D On Peak 3.046 0.99627 3.035 F CILC-1 D , ISST-1 D Off Peak 2.424 0.99627 2.415 Source: Schedule E1 -E, Page 1 of 2 (Appendix I, Page 6 of 81) 10Weighted Average 16% On -Peak and 84% Off -Peak ORDER NO. PSC -2018 -0105 -PCO -EI DOCKET NO. 20180001 -EI PAGE 8 ATTACHMENT A Page 2 of 2 Table 2 FPL Revised Seasonal Demand Time of Use Rider Fuel Cost Recovery Factors for the Period June -September; 2018 Rate Average Loss Fuel Group Rate Schedule Factor Multiplier Recovery Factor GSD T -1 On -Peak 3.784 1.00202 3.792 B GSD T -1 Off -Peak 2.457 1.00202 2.462 C GSLD(T)-1 On -Peak 3.784 1.00150 3.790 GSLD T -1 Off -Peak 2.457 1.00150 2.461 GSLD T -2 On -Peak 3.784 0.99672 3.772 D GSLD T -2 Off -Peak 2.457 0.99672 2.449 Source: Schedule E1 -E, Page 2 of 2 (Appendix I, Page 7 of 81) ORDER NO. PSC -2018 -0105 -PCO -EI DOCKET NO. 20180001 -EI PAGE 9 ATTACHMENT B Table 1 FPL Revised Capacity Cost Recovery Factors for the Period March -December, 2018 Rate Schedule $/kW $/kWh Reservation Demand Charge (RDC) $/kWtt Sum of Daily Demand Charge (SDD) $/kWtz RS 1 /RTR 1 - 0.00257 - - GS1/GST1 - 0.00241 - - GSD1/GSDTI/HLFTI 0.77 - - - OS2 - 0.00108 - - GSLD1/GSLDTI/CSI/CST1/HLFT2 0.91 - - - GSLD2/GSLDT2/CS2/CST2/HLFT3 0.85 - - - GSLD3/GSLDT3/CS3/CST3 0.87 - - - SST1T - - $0.11 $0.05 SST1D1/SST1D2/SST1D3 - - $0.12 $0.06 CILC D/CILC G 0.97 - - - CILC T 0.94 - - - MET 0.96 - - - OLl/SLI/SLIM/PLI - 0.00020 - - SL2/SL2M/GSCU1 - 0.00168 - - Source: Schedule E12 -E, (Appendix 2, Page 5 of 10 11RDC=((Total Capacity Costs )/(Projected Avg 12CP @gen)(.10)(dema;id loss expansion factor)/12 months 12SDD=((Total Capacity Costs )/(Projected Avg 12CP @gen)(21 on peak days)(demand loss expn. factor)/12 months 911 C 9 ORDER NO. PSC -2018 -0105 -PCO -EI DOCKET NO. 20180001 -El PAGE 10 ATTACHMENT C Table 1 FPL Revised GPIF Targets/Ranges for the period January -December, 2018 Source: GPIF Target and Range Summary, Appendix 4, Pages 4, 6 of 19 qHI CP EAF ANOHR Target Maximum Target. Maximum Plant/Unit EAF EAF Savings ANOHR ANOHR Savings (%) (%) ($000's) BTU/KWH BTU/KWH ($000's) Canaveral 86.4 89.4 1,149 6,637 6,530 2,706 Manatee 3 92.9 94.9 435 6,935 6,756 3,067 Ft. Myers 2 85.9 88.4 418 7,241 7,125 2,555 Martin 8 80.5 83.0 555 6,998 6,841 2,833 Riviera 5 85.4 87.9 1,173 6,590 6,512 2,123 St. Lucie 1 85.0 88.0 3,803 10,441 10,337 481 St. Lucie 2 85.1 88.1 3,123 10,303 10,221 357 Turkey Point 3 821 85.1 3,037 11,044 10,853 718 Turkey 93.6 96.6 3,491 10,970 10,763 863 Point 4 West 79.1 82.1 1,109 6,963 6,833 3,088 County1 West 89.3 91.8 997 6,892 6,785 2,698 County 2 West 80.4 82.9 908 6,970 6,866 2,422 County 3 Total 20,198 23,911 Source: GPIF Target and Range Summary, Appendix 4, Pages 4, 6 of 19 qHI CP ORDER NO. PSC -2018 -0105 -PCO -EI DOCKET NO. 20180001 -EI PAGE 11 ATTACHMENT D Page 1 of 2 Docket No. 20170001 -El 2018 MCC - Rcviscd Taritfs Shnn Appendix 3, Page 7 of a Forty -Sown bFi hth 14vised Sheet No. 8.030 F LURI DA I'L) W LII n MUM C V AI VAN Y t.:ancets t arty-*Ini$'Sevehtb Kev)Sed Sheet 'No. &USU 13[LI,{N(,i A17J1)4'1'(ND:NT:S The fallowing charges are applied to the Monthly Rale of each rate schedule as indicated and are calculated in accordance faith the forrnultt c,ec fied by Lite FloridaPtuhlic Service Commission, RATE FLIEL CONSERVATION CAPACITY ENVIRON - h4 SC137.1)iJ1.E 9:k16'h c;k`.1`h ¢+kWh O-RWh Srlcvs erkWh S;kw ekwh L.c,eliled 0-41c:& ()ff-Peak RS -I, RS -1 w,RTR-1 a --*44; 2? 0.153 A is9J_158 1" I:noo kWh 3 2° RS -1, R5=1 w? ItTR-1 3..kd7;3..7_ ().15:4 A xEit? dk!-yat7.158 all addn kWh 24 7 RS=1wiR'1'R-1 0,5090, (1).2-42tt 0.153 028.1.0 r?t3)7i).itiK All kWh 441 .182'' 257 GS -i 0.145 i�}9 1 ,41 GSI -1 4,163 _ 1.443'),, 0.145 44649- 052 472 - 2.11 GSD -1, GSD -1 2;6 52_.1 w1SDTR UAR 44841 7 4i ill) ➢35 Jan - Mav )(Oct - Dcc ) GSD -1 wJSDTR 4,+982, '---51 2, 0.48 44?40-77 4)44607 135 Jnn-Se st) 792 462 GSDT-i, HLFT-1 ; ➢ f2j ,� 2 GSDT-1w/RDTR 052 429 0.48 0:849,]1 0,4?4t), 5 (Jan - h9 av ltr)et - Dec) (iyD'C-1 wNA'R -4" '8:5 2. 0.48 8€40.77 84(1,!3 5 (.fun -Sc t) 294 462, GSLD-1, {.:S-), t>1 04; i GSLD-lwlSDTR t) 0.57 OR4R_u1 0 330 Clan - May')Wcl - Dec GSLD-1 w15t)TR 4-2%1 1-5441 8-144 (Jun -Sept) 79{) "d 0.57 .4400.91 I).1=t1, (JSLDT-1, ELFT -2, GSLDT-I i i . 2:4421, 0.57 0'W'910. fJ ! a XOSDTR (Jan -',-fay & 0<i 42R i 30 Oct -Dec) _ GSLDT-1 %vSDTR ?{961 2-444L 0.57 a+A�-91 044 Ltun-Se t1 79t) — 461 — (.130 GSLD-2,C:S-2, 244f42.59 0151.1)-2v/M.)1'R 0.56 Cl.ki 44-5-41- k —1-14 GS1.I)-2 W/RlY!`R (Duro- A -;17-S#3. 2449 Sc t) 772 449 t)'Sb 4?s#3rj�14 0.114 _X4463 x-4401 0.56 47 -a -It RS 04-440.114 GSLDT-2 w:'S[)I'R 926- 416 _ (.Ian - May)(0ct - Dcc) GSLDT-214>`$1)TR 4-481 2<499?; _ 0;56 4u3? s 0-H-3Cr.I_!4 (Jun -Sept) 772 A-42 {!SLI) -3, C.S-3?••3882._^4 0.57 _ (}9tt~ 44-t4 ,7_ _ GSLDT-3, CST -3 u7d�<. ,; 0.57 ti9t() t3 4)-3-11, NOTE: The Billing Adjustments for additional Rate Scheduic:s are found on Shcct No: 8.030, [ Effective: �41C11 ORDER NO. PSC -2018 -0105 -PCO -EI DOCKET NO. 20180001 -EI PAGE 12 FLORIDA POWER & LIGHT COMPANY ATTACHMENT D Page 2 of 2 Docket No. 20170001 -El 2018 MCC - Revised Tariffi Sheds Appendix 3, Page 8 ol'8 1'%vcney-T4"rdbWt_h Revised Sheet No. 8.030.1 Cancels Tvveaty-SeeondThird Revisrd Sheet No. 8.030.1 (Comi+nued from Sheet No. 8.030) BILLING Ai3JUS 1'hiF,[Q'I'S (continued) tth'1E FUEL CONSERVATION CAPACITY ENVIRON -MENTAL SCHEDULE ¢IkWh ekWh ,21kWh g Wh &,kw 411:Wh S,'kW. dhW11 Leveiized On- OIT PCak Pcak OS -2 2440159 E+9530.48" 08 A9ET 0.60 i 450' (H2 0,127 CILC-I{G) 3=I-42= 3 i32. 6.63 44:9) 444 )t i!5 [l52 A2 97 C11-C-I(D) 4444;ZAa47. 0.63 4440 044,61),115 _035 — 4 - 97 — CILt;-I(I) 30$22 &". 0.61 > 93d). 4"W),€(73 0 1 1 RL -i, 43S2.',2 — 0.002 "120_0 0.031Y PL -i ISL -IM 8 24 SL -2, CiS(1U-1:SI: -24 S,2.61 0111. J b I l.tOR 2M i 6S IWD ❑DC RDD DDC SST -K0 14,422 2-W-2, O.o i 0.03 41. -P, "00 4h IO2n�1 970 3n7 i 0 SST-I(Di) 3.1633 3,4132. 0.07 0.03 4 I30. n.ob 0,426Q 0, a4L� I, .us SSTA(W) 3444Z, 2L 2. 0,070.03 A-�I3b, 0.06 00.125 SST-I(D31 3-46r 1 3=431724i44i 0.0? 41.03 0,06 +? �Ea0.125 .036 316 1., IS-,T-I(D) 3A3 2.424x44zt?. 0;07 O.tS3 O.OG t- t)_�S 415 1' ISST-t(T) z9g.; ;-383-2 0,07 0.03 ----- �0_t{La- I1 .Cti Issued by: S. F. Romig, Director, Rates And Tariffs Effective: doou*vT-i- 36IIiS � 4 1 clti ORDER NO. PSC -2018 -0105 -PCO -EI DOCKET NO. 20180001 -EI PAGE 13 ATTACHMENT E Table 1 FPL Typical 1,000 -kWh Residential Customer Bill Comparison for the period March -December, 2018 (1) (2) (3) (4) (5) (6) January- Previously Proposed Revised Net February Approved March - March - Difference 2018 December December 2018 2018 (from March - Previously - (Current) December (Mid -Course (Mid -Course Approved Component 2018 Correction, as Correction, as amounts to originally filed revised in Revised Mid - in November, January, 2018) Course 2017) Correction - March - December, 2018 Base Charge $66.49 $67.10 $67.10 $67.10 $0.00 Fuel Cost $23.17 $22.97 $22.73 $22.73 ($0.24) Recovery Energy Conservation $1.53 $1.53 $1.53 $1.53 $0.00 Cost Recovery Capacity Cost $2.81 $2.81 $2.57 $2.57 ($0.24) Recovery Environmental $1.59 $1.59 $1.58 $1.58 ($0.01) Cost Recovery Storm Restoration $1.20 1.26 1.20 1.38 $0.12 Surcharge Interim Storm Restoration $3.36 $0.00 $0.00 $0.00 $0.00 Surcharge Subtotal $100.15 $97.26 $96.71 $96.89 ($0.37) Gross Receipts $2.57 $2.49 $2.48 $2.48(LOU) Tax Totals SA2,722 $99.75 599.19 S99.37 (Skm Source: Schedule E-10, provided in FPL's Response to Staff's 1" Data Request dated January 16, 2018, "On January 16, 2018, FPL filed responses to staff's First Data Request. In the response to Question No. 13, FPL provided updated storm restoration information that is incorporated in Column 5 of Table 1. The revision changes the storm restoration surcharge for March -December, 2018, from $1.20 per month to $1.38 to reflect a true -up adjustment associated with the 2004-2005 hurricanes, effective March 1, 2018. �H Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Indian River County Firefighters' Fair March 9-18 @ IRC Fairgrounds: • For a full schedule of events go to: www.firefightersfair.org or Indian River County Firefighters Fair on Facebook. Vietnam Vets Golf Tournament March 10 @ Sandridge Golf Club: • 8am- Ham Leaders in Training - Private Event March 14 @ iG Center: • 2-4:30pm - Presentation to the Boys and Girls Club of IRC Community Office Hours Event March 15 @ North IRC Library: • 10am- One on one with Commissioner Susan Adams United Way Meeting - Private Event March 16 @ iG Center: • 9am-12pm Youth Sports Summit March 17 @ iG Center: • 9am-lpm: 1 stop shop for Clubs, Camps & Start-ups to get their info out. South FL PGA Junior Golf Tournament March 17-18 @ Sandridge Golf Club: • 11:30am Saturday • 8am Sunday St. Vincent De Paul Luncheon - Private Event March 20 @ iG Center: • 12-2pm Vero Beach Prayer Breakfast March 22 @ IRC Fairgrounds: • 7-I1am 10 Up With People March 22-23 @ iG Center: 7-9pm Thursday 8-1Opm Friday www.upwithpeople.org Treasure Coast D2 State Qualifier Basketball Tournament March 24-25 @ iG Center: - 9am-5:30pm Saturday & Sunday Spring Break Camp at the iG March 26-29 @ iG Center: - 7:30am-5:30pm Eggstravaganza Water Egg Hunt March 26 @ North County Aquatic Center: - 6:30-7:30pm: Bring your swimsuit, towel and easter basket. Eggstravaganza Indoor Flashlight Egg Hunt March 27 @ Gifford Youth Activity Center: - 7:45-8:45pm: Bring your easter basket and flashlights. Eggstravaganza Outdoor Flashlight Egg Hunt March 29 @ Richard N. Bird South County Park: - 7:45-8:45pm: Bring your easter basket and flashlights. Commissioner O'Bryan's: South County Community Meeting April 2 @ iG Center: - 5:30-7pm: Local topics with Commissioner Peter O'Bryan Indian River Charter, National Honor Society Ceremony April 5 @ iG Center: - 6-8pm, Thursday Vero Beach Golden Grads April 7 @ IRC Fairgrounds: 7am-5pm, Saturday STEAM FEST - Vero Beach Academy Event April 14 @ iG Center: - 10am-4pm, Saturday Indian River Marine Flea Market & Fishing Show April 14-15 @ IRC Fairgrounds: www.flnauticalfleamarketrom - 9am-5pm both Saturday & Sunday Community Office Hours Event April 19 @ North IRC Library: • I Oam- One on one with Commissioner Susan Adams CCA Banquet & Auction April 19 @ iG Center: • 6-10pm Silent Auction to Benefit Dancing with Vero's Stars & Healthy Start April 20 @ iG Center: • 5:30 -bpm EggChef Meet & Greet www.sunshinestateeggfest.com April 27 @ IRC Fairgrounds: • 6-8pm Wassi's Sunshine State Egg Fest www.sunshinestateeggfest.com April 28 @ IRC Fairgrounds: • 9am-4pm: Big Green Egg© Cook Off & Vendor Expo Sebastian River High School Prom April 28 @ iG Center: • 8-llpm 12 INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 26, 2018 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 2/26/18. ATTACHED: • All Aboard Fl. expenses through 2/26/18 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 2/26/18 spreadsheet. 13 zz All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 autorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 -16/17 in addition to prior authorizations AcctN00130214-033110-15023 Legal Services Date Vendor Amount Note 2/20/2018 Bryan Cave LLP $32,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP $6,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $69,110.96 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legasl Services -Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 Fees for Legal Services -Aug 2017 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services- June 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services -Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 14 All Aboard Florida Expenses Indian River County 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds 8/5/2016 GK Environmental Subtotal Expenses FY 15/16 $807,167.15 $928.37 AAF Hearing 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14$28,551.80 *Split between St.Lucie, Indian River, and Martin Counties Acct#00130214-033190-15023 Other Professional Services 4/28/2017 Martin County 50% reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consulants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Subtotal Expenses FY 16/17 $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 DylandReingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 15 All Aboard Florida Expenses Indian River County Acct#11124319-033190 Acct#00130111-034020-15023 7/02/15 CDM Smith Inc All Travel 9/30/2017 Delta Air $191.80 $2,122.50 Work Order 10 EIS 9/30/2017 American Airlines $193.20 $6,585.80 Work Order 13 Noise Monitoring 9/30/2017 Jet Blue $168.20 $1,937.00 Work Order 13 Noise Monitoring 9/30/2017 Jet Blue $25.00 $4,135.00 Work Order 10 EIS 9/30/2017 Bob Solari -travel to Washington DC $869.98 with OMB,Senator & Congressman & FDOT Acct#00130214-034020-15023 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $3,029.76 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P -Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -Fl. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 17/18 $69,110.96 Total Expenses 16/17 $223,471.97 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 2/26/18 $2,363,487.49 Total Board authorized budget for FY 17/18 $592,544.00 Total Board authorized budget for FY 16/17 $223,471.00 Total Board authorized budget for FY 15/16 $870,868.00 Total Board authorized budget for FY 14/15 $1,154,212.00 Total Board authorized budget for FY 13/14 $45,826.00 Total budgeted 13/14-17/18 $2,886,921.00 Remaining Balance $523,433.51 16 Indian River County Vero Beach Electric/Florida Power & light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman $880.00 2/9/2016 Subtotal Expenses FY 16/17 $880.00 9/30/2016 Berger Singerman $1,072.50 9/20/2016 Berger Singerman $632.50 8/16/2016 Berger Singerman $275.00 7/19/2016 Berger Singerman $275.00 6/14/2016 Berger Singerman $605.00 5/24/2016 Berger Singerman $495.00 5/4/2016 Berger Singerman $1,650.00 2/9/2016 Berger Singerman $1,265.00 1/20/2016 Berger Singerman $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting & Video $457.75 11/17/2015'Berger Singerman $2,172.50 Subtotal Expenses FY 15/16 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 $35,712.75 $180,738.02 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 17 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Other Prof. Services /Legal Advertising $4,090.00 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Travel 1/23/2018 Tim Zorc-FMPA meeting -Orlando $99.16 12/19/2017 Tim Zorc-FMPA meeting -Orlando $100.71 Subtotal Expenses FY 17/18 $199.8 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 $1,451.1 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 5111.2 18 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Total expenses FY 17/18 $199.87 Total expenses FY 16/17 $880.00 Total expenses FY 15/16 $69,888.77 Total expenses FY 14/15 $206,300.11 Total expenses FY 13/14 $58,849.99 Total expenses processed as of 2/26/18 $336,118.74 Remaining Balance $68,709.26 19 Budget Authorization Budget 10/1/2017 FY 17/18 Budget $68,909.00 10/1/2016 FY 16/17 Budget $69,789.00 10/1/2015 FY 15/16 Budget $69,889.00 9/15/2015 Legal Services $35,150.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $404.828.00 Remaining Balance $68,709.26 19 JEFFREY R. SMITH, CPA, CGF09 CDMA Clerk of Circuit Court & COMPU011er Finance Department 1801 27'h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 15, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 9. 2018 to February 15, 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 9, 2018 to February 15, 2018. 20 P CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 363572 02/09/2018 CITY OF VERO BEACH 45,696.52 363573 02/09/2018 JENKINS TRUCKING INC 1,650.00 363574 02/09/2018 JENKINS TRUCKING INC 2,042.10 363575 02/15/2018 CATHCOINC 116,953.96 363576 02/15/2018 JORDAN MOWER INC 297.02 363577 02/15/2018 VERO CHEMICAL DISTRIBUTORS INC 346.00 363578 02/15/2018 PERERS ENTERPRISES INC 1,358.40 363579 02/15/2018 CHISHOLM CORP OF VERO 798.25 363580 02/15/2018 AT&T WIRELESS 633.92 363581 02/15/2018 THOMAS P WHITE 468.00 363582 02/15/2018 GRAINGER 110.76 363583 02/15/2018 KELLY TRACTOR CO 434.32 363584 02/15/2018 AMERIGAS EAGLE PROPANE LP 149.00 363585 02/15/2018 AMERIGAS EAGLE PROPANE LP 552.79 363586 02/15/2018 AMERIGAS EAGLE PROPANE LP 1,434.66 363587 02/15/2018 LFI FORT PIERCE INC 509.01 363588 02/15/2018 ALLIED ELECTRONICS INC 1,546.74 363589 02/15/2018 TIRESOLES OF BROWARD INC 190.00 363590 02/15/2018 CHILDCARE RESOURCES OF IRC INC 30,341.51 363591 02/15/2018 PHILIP VANVYNCKT 715.00 363592 02/15/2018 DELL MARKETING LP 25,877.96 363593 02/15/2018 WORLD BOOK INC 3,525.00 363594 02/15/2018 BAKER & TAYLOR INC '' 1,352.77 363595 02/15/2018 MIDWEST TAPE LLC 569.69 363596 02/15/2018 BAKER DISTRIBUTING CO LLC 92.31 363597 02/15/2018 ATKINS NORTH AMERICA INC 662.85 363598 02/15/2018 CENGAGE LEARNING INC 224.56 363599 02/15/2018 COMMUNITY ASPHALT CORP 18,023.20 363600 02/15/2018 SUNSHINE REHABILATION CENTER OF IRC INC 2,050.00 363601 02/15/2018 ENNIS PAINT INC 2,600.00 363602 02/15/2018 BOYS & GIRLS CLUB OF INDIAN 7,500.00 363603 02/15/2018 CLERK OF CIRCUIT COURT 235.56 363604 02/15/2018 INDIAN RIVER COUNTY HEALTH DEPT 2,343.60 363605 02/15/2018 CITY OF VERO BEACH 42.65 363606 02/15/2018 CITY OF VERO BEACH 16,590.46 363607 02/15/2018 FERGUSON ENTERPRISES INC 700.00 363608 02/15/2018 WAL MART STORES EAST LP 315.46 363609 02/15/2018 DEANGELO BROTHERS INC 776.00 363610 02/15/20.18 FEDERAL EXPRESS CORP 72.86 363611 02/15/2018 ATHENS TECHNICAL SPECIALISTS INC 619.63 363612 02/15/2018 CALLAWAY GOLF SALES COMPANY 9,092.19 363613 02/15/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 6,864.90 363614 02/15/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 9,737.88 363615 02/15/2018 FLORIDA POWER AND LIGHT 52,239.23 363616 02/15/2018 FLORIDA POWER AND LIGHT 3,731.95 363617 02/15/2018 PUBLIC DEFENDER 4,985.17 363618 02/15/2018 FLORIDA BLUE 182.67 363619 02/15/2018 PEACE- RIVER ELECTRIC COOP INC 323.04 363620 02/15/2018 MEDICARE PART B FINANCIAL SERVICES 640.82 363621 02/15/2018 JASON E BROWN 419.69 363622 02/15/2018 B & H FOTO & ELECTRONICS CORP 491.61 363623 02/15/2018 BUILDING OFFICIALS ASSOC OF FLORIDA 30.00 363624 02/15/2018 SOLID WASTE ASSOC OF NORTH AMERICA 180.00 363625 02/15/2018 BE SAFE SECURITY ALARMS INC 240.00 363626 02/15/2018 UNITED HEALTH CARE INS COMPANY 141.34 363627 02/15/2018 MYLES BROWN 108.00 363628 02/15/2018 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 363629 02/15/2018 INDIAN RIVER COUNTY HISTORICAL 4.717.47 21 TRANS NBR DATE VENDOR AMOUNT 363630 02/15/2018 CHILDRENS HOME SOCIETY OF FL 1,750.00 363631 02/1512018 HUMANA 74.35 363632 02/15/2018 SYMBIONT SERVICE CORP 1,960.00 363633 02/15/2018 FLORIDA ASSOC OF CODE ENFORCEMENT 25.00 363634 02/15/2018 THE AVANT] COMPANY INC 1,374.00 363635 02/15/2018 RUSSELL PAYNE INC 1,985.76 363636 02/15/2018 TRANS US INC 41901.52 363637 02/15/2018 CELICO PARTNERSHIP 973.89 363638 02/15/2018 ANIXTER INC 29.95 363639 02/15/2018 VAN WAL INC 150.00 363640 02/15/2018 CHIARELLA, ROBERT 30.57 363641 02/15/2018 CHAMPVA CENTER 162.99 363642 02/15/2018 FASTENAL COMPANY 58.51 363643 02/15/2018 WASHINGTON NATIONAL INSURANCE 99.97 363644 02/15/2018 MICHAEL, ZITO 125.32 363645 02/15/2018 STAPLES CONTRACT & COMMERCIAL INC 662.11 363646 02/15/2018 GLOVER OIL COMPANY INC 19,467.64 363647 02/15/2018 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 8,679.18 363648 02/15/2018 GARY L EMBREY 180.00 363649 02/15/2018 GERELCOM INC 4;930.00 363650 02/15/2018 CAROLE I MADIGAN 1,249.50 363651 02/15/2018 SOUTHEASTERN WASTEWATER EQUIPMENT CORP 6,556.00 363652 02/15/2018 MUNICIPALWATER WORKS INC 173,448.00 363653 02/15/2018 SHISLER, GEOFFREY W & PEARL W 150.00 363654 02/15/2018 FLEETBOSS G P S INC. 4.043.25 363655 02/15/2018 EQ THE ENVIRONMENTAL QUALITY COMPANY 35,709.80 363656 02/15/2018 FLORIDA MEDICAID 79.45 363657 02/15/2018 CREATIVE POWER SOLUTIONS INC 6,714.00 363658 02/15/2018 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 363659 02/15/2018 KEMPER BUSINESS SYSTEMS 30.25 363660 02/15/2018 BERMUDA SANDS APPAREL LLC 792.50 363661 02/1512018 DANELLA CONSTRUCTION CORPORATION OF FL INC 3,480.00 363662 02/15/2018 REBMANN GROUP LLC 36,000.00 363663 02/15/2018 TIM ZORC 383.94 363664 02/15/2018 CLEAN SWEEP & VAC LLC 6,300.00 363665 02/15/2018 REPROGRAPHIC SOLUTIONS INC 18.66 363666 02/15/2018 BRYAN KLASSEN 75.00 363667 02/15/2018 LOWES HOME CENTERS INC 1,320.82 363668 02/15/2018 BURNETT LIME CO INC 12,768.00 363669 02115/2018 PENGUIN RANDOM HOUSE LLC 65.85 363670 02/15/2018 CARMEN LEWIS 291.50 363671 02/15/2018 KRAUS ASSOCIATES INC 10,185.94 363672 02/15/2018 CHARLOTTE CLAAR 1,837.66 363673 02/15/2018 C E R SIGNATURE CLEANING 5,850.00 363674 02/15/2018 REI ENGINEERS INC 2,300.00 363675 02115/2018 BERNARD EGAN & COMPANY 42.510.14 363676 02/15/2018 ANNA MAE ERNST (TR) 104.93 363677 02/15/2018 AMERITAS 26,770.00 363678 02/15/2018 EAST COAST VETERINARY SERVICES LLC 76.00 363679 02/15/2018 INTEGRITY LAWNS LLC 1,750.00 363680 02/15/2018 MICHAEL EDWARD HAMILTON 93.46 363681 02/1512018 SYLIVIAMILLER 412.00 363682 02/15/2018 HA\VKINS INC 1,747.25 363683 02/15/2018 ENCORE ONE LLC 2,271.86 363684 02/15/2018 SCRIPPS NP OPERATING LLC 1,827.60 363685 02/15/2018 KENDRA COPE 157.99 363686 02/15/2018 MOLINA14EALTIICARE MEDICAID 80.62 363687 02/15/2018 TRIBOND LLC 8,167.44 363688 02/15/2018 CATHEDRAL CORPORATION 16,500.00 363689 02/15/2018 UNIFIRST CORPORATION 832.28 22 TRANS NBR DATE VENDOR AMOUNT 363690 02/15/2018 SUNSHINE HEALTH PLAN MEDICAID 225.73 363691 02/15/2018 ADVANCE STORES COMPANY INCORPORATED 156.64 363692 02/15/2018 EGP DOCUMENT SOLUTIONS LLC 1,111.96 363693 02/15/2018 FLORIDA EAST COAST HOLDINGS CORP 8;554.55 363694 02/15/2018 EZLINKS GOLF LLC 300.00 363695 02/15/2018 NWI RECYCLING INC 2,768.32 363696 02/15/2018 REBECCACARSWELL 120.00 363697 02/15/2018 ALL WEBBS ENTERPRISES INC 244,537.99 363698 02/15/2018 JOYCE HERSHBERGER 505.18 363699 02/15/2018 COVERALL NORTH AMERICA INC 2,_230.00 363700 02/15/2018 DEBBIE CARSON 75.00 363701 02/15/2018 PEOPLE READY INC 13,150.34 363702 02/15/2018 CREATIVE EMPIRE LLC 6.715.80 363703 02/15/2018 COLE AUTO SUPPLY INC 1.154.86 363704 02/15/2018 INNOVATIVE CONCEPTS LLC 600.32 363705 02/15/2018 DOROTHY J WALKER 77.41 363706 02/15/2018 MAIISAALEXAND£R 56.00 363707 02/15/2018 BETH NOLAN 80.00 363708 02/15/2018 THOMAS R PILIERO 113.00 363709 02/15/2018 SSE ASSOCIATES INC 382.26 363710 02/15/2018 CORE & MAIN LP 540.06 363711 02/15/2018 ROBERT G ALBRECHT JR 117.60 363712 02/15/2018 JOE PAYNE INC 4,711.68 363713 02/I5/2018 GOMEZ BROTHERS IRRIGATION LLC 472.50 363714 02/15/2018 GEM SUPPLY COMPANY INC 3,997.53 363715 02/15/2018 SOUTHEAST TEST COMPANY 7,611.34 363716 02/15/2018 JAMES B EVETTS 2,323.00 363717 02/15/2018 AAAA SERVICE LLC 6,839.00 363718 02/15/2018 TYKES & TEENS INC 4,613.25 363719 02/15/2018 TRM CONSTRUCTION MANAGEMENT INC 9,517.48 363720 02/15/2018 CHRISTINE HUGHES 128.81 363721 02/15/2018 FLEURETTH P DEVERELL 68.16 363722 02/15/2018 GEORGE MULLER 50.00 363723 02/15/2018 JOHN C MORGAN 76.24 363724 02/15/2018 MATTHEW KEHRER 25.00 363725 02/15/2018 WALTER V MILLS 530.00 363726 02/15/2018 ALBERT W RICKS 8091 363727 02/15/2018 DONNA SCOTT 218.76 363728 02/15/2018 MAXINE TREBILCOCK 20.00 363729 02/15/2018 KAREN DARBYSHIRE 46.99 363730 02/15/2018 PAUL DCOOK 95.30 363731 02/15/2018 I'll-MON ARNOLD 91.37 363732 02/15/2018 TOM BALCER 542.99 363733 02/15/2018 ESCAL INSTITUTE OF ADVANCED TECHNOLOGIES 6,010.00 363734 02/15/2018 UTI L REFUNDS 40.90 363735 02/15/2018 UTIL REFUNDS 59.62 363736 02/15/2018 UTIL REFUNDS 41.73 363737 02/15/2018 UTI!_ REFUNDS 8.62 363738 02/15/2018 UTIL REFUNDS 17.03 363739 02/15/2018 UTIL REFUNDS 216.91 363740 02/15/2018 UTIL REFUNDS 114.24 363741 02/15/2018 UT] LREFUNDS 9.92 363742 02/15/2018 UTILREFUNDS 56.95 363743 02/15/2018 UTIL REFUNDS 42.88 363744 02/15/2018 UTIL REFUNDS 64.89 363745 02/15/2018 UTIL REFUNDS 19.11 363746 02/15/2018 UTIL REFUNDS 40.68 363747 02/15/2018 UTIL REFUNDS 87.86 363748 02/15/2018 UTIL REFUNDS 19.07 363749 02/15/2018 UTIL REFUNDS 6.77 23 TRANS N'BR DATE VENDOR AMOUNT 363750 02/15/2018 UTIL REFUNDS 52.98 363751 02/15/2018 UTIL REFUNDS 40.27 363752 02/15/2018 UTIL REFUNDS 45.69 363753 02/15/2018 UTIL REFUNDS 38.24 363754 02/15/2018 UTIL REFUNDS 18.27 363755 02/15/2018 UTIL REFUNDS 1.87 363756 02/15/2018 UTIL REFUNDS 26.10 363757 02/15/2018 UTIL REFUNDS 10.48 363758 02/15/2018 UTIL REFUNDS 100.00 363759 02/15/2018 UTIL REFUNDS 43.54 363760 02/15/2018 UTIL REFUNDS 16898 363761 02/15/2018 UTIL REFUNDS 35.85 363762 02/15/2018 UTIL REFUNDS 47.36 363763 02/15/2018 UTIL REFUNDS 85.42 363764 02/15/2018 UTIL REFUNDS 70.34 363765 02/15/2018 UTIL REFUNDS 36.41 363766 02/15/2018 UTIL REFUNDS 18.22 363767 02/15/2018 UTIL REFUNDS 36.71 363768 02/15/2018 UTIL REFUNDS 37.48 363769 02/15/2018 UTIL. REFUNDS 67.53 363770 02/15/2018 UTIL REFUNDS 13.77 363771 02/15/2018 UTIL REFUNDS 33.00 363772 02/15/2018 UTIL REFUNDS 102.49 363773 02/15/2018 UTIL REFUNDS 78.48 363774 02/15/2018 UTIL REFUNDS 79.82 363775 02/15/2018 UTIL REFUNDS 6854 363776 02/15/2018 UTIL REFUNDS 4.80 363777 02/15/2018 UTIL REFUNDS 100.00 363778 02/15/2018 UTIL REFUNDS 52.76 363779 02/15/2018 UTIL REFUNDS 87.80 363780 02/15/2018 DOUBLETREE HOTEL 462.00 Grand Total: 1,179,906.64 24 4 ELECTRONIC PAYMENT - VISA CARD TRANS. NRR DATE VENDOR AMOUNT 1012827 02!0912018 COMCAST '170.74 1012828 02/09/2018 EVERGLADES FARM EQUIPMI�NT CO INC 171.40 1012829 02109/2018 COLK ITT SHEET META L& A/C INC 428.00 1012830 02/09/2018 COLD AIR DISTRIBUTORS WAREHOUSE 612.98 1012831 02/09!2018 APPLE INDUSTRIAL SUPPLY CO 66.66 1012832 02/09/2018 CENTER POINT INC 42.54 1012833 02/09(2018 IRRIGATION CONSULTANTS UNLIMITED INC 2.97 1012834 02/09/2018 ROGER CLEVELAND GOLF INC 470.26 1012835 02109(2018 COMO 011, COMPANY OF FLORIDA 117.60 1012836 02/09/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 941.19 1012837 02/09.20€8 BENNE`tTAUTO SUPPLY INC 68.80 1012838 02/09!2018 FILTRATION GROUP CORPORATION 775.80 1012839 02/1312018 AT&T 0.00 1012840 0211312018 AT&T 13.54 1012841 021152018 OFFICE DEPOT BSD CUSTOMER SVC 1.540.03 1012842 02/192018 WASTE MANAGEMENT INC 4,499.84 1012843 02/15!2018 PARKS RENTAL& SALES INC 66.00 1012844 02/15t2018 HENRY SCHEIN INC 31.59 1012845 02/15/2018 NORTH SOUTH SUPPLY INC 26.46 1012846 02115.2018 COLD Alit DISTRIBUTORS WART -HOUSE 377.04 101.2847 02/15!2018 INDIAN RIVER BATTERY 953.80 1012848 0211 5!201 8 SMITH BROTHERS CONTRACTING EQUIP 469.07 1012849 02/€5.2018 GALLS LLC 352.35 1012850 02/15!20€8 MEEKS PLUMBING INC 412.00 1012851 02/15120€8 ARCO GARAGE DOOR CO INC €20.00 1012852 02/15/2018 ALLIED UNIVERSAL CORP 12,591.44 1012853 02/15;2018 NEWMANS POWER SYSTEMS 1,605.56 1012854 02115/2018 THE EXPEDITER 358.67 1012855 02115(2018 RECORDED BOOKS 1-1-C 74.20 1012856 02115/2018 SOLJT14ERN COMPUTER WAREHOUSE 617.80 10€2857 02/1512018 FIRST 140SPITAL LABORATORIES INC 96.75 1012858 02115!2018 APPLE MACHINE R SUPPLY CO 121.20 1012859 0'2/152018 TOT,ALTRUCK PARTS INC 29.20 1012860 02/1512018 GLO€3AL GOLF SALES INC 210.75 1012861 02/1512018 COMPLETE ELECTRIC INC 860.00 1012862 02/1502018 MIDWEST MOTOR SUPPLY CO 90.12 1012863 02/1.50-018 CUMMINS INC 1.646.45 1012864 02/15/2018 ,METRO FIRE PROTECTION SERVICES INC 820.90 1012865 0211512018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 771.45 1012866 02/15/2018 BENNETTAUTO SUPPLY INC 55.04 10€2867 02/1512018 AUTO PARTNERS LLC 288.30 1012868 02/1512018 L&L DISTRIBUTORS 16.64 1012869 02/15/2018 STATMEDICAL DISPOSAL INC 745.00 1012870 02/15%2018 HYDRA SERVICE (S) INC 18.374.00 1012871 0211512018 PACE ANALYTICAL SERVICES INC 11.102.00 1012872 02/15/2018 NEXAIR I.LC 1.228.20 Grand Total: 64,434.33 25 ELECTRONIC PAYMENTS = WIRE & ACH TRANS NRR DATE VENDOR 5716 02/0912018 TOTAL. ADMINISTRATIVE SERVICES CORP 5717 02/09/2018 IRC CHAMBER OF COMMERCE 5718 02/09/2018 IRC CHAMBER OF COMMERCI 5719 02/09/2018 KIMLI:Y HORN & ASSOC INC 5720 02/09/2018 SENIOR RESOURCE ASSOCIATION 5721 02/09!2018 IRC FIRE FIGHTERS ASSOC 5722 02/09/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 5723 02/09/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 5724 02/0912018 VETERANS COUNCIL OF I R C 5725 02/09/2018 MUTUAL OF OMAHA 5726 02/12/2018 FL SDU 5727 02/12121 018 FLORIDA DEPARTMENT OF REVENUE 5728 02/12/2018 FLORIDA DEPARTMENT OF REVENUE 5729 02/12/2018 FLORIDA DEPARTMENT OF REVENUE 5730 02/1212018 FLORIDA DEPARTMENT OF REVENUE 5731 02/12/2018 IRS -PAYROLL TAXES 5732 02/1312018 1 R C HEALTH INSURANCE - TRUST 5733 02/14/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5734 02/14/2018 WEST HEALTH ADVOCATE SOLUTIONS INC 5735 02/1412018 CHARD SNYDER & ASSOCIATES INC 5736 02/14'2018 BLUE CROSS R BLUE SHIELD OF FLORIDA INC 5737 02/1412018 1 R C HEALTH 'INSURANCE - TRUST 5738 02/15/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5739 02115/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5740 0211512018 CHARD SNYDER & ASSOCIATES INC 5741 02/15/2018 WEST HEALTH ADVOCATE SOLUTIONS INC 5742 02/15/2018 MUTUAL OF OMAHA Grand Total: AMOUNT 10,949.96 55,438.31 10.696.92 13.837.50 304.598.98 7.110.00 %677156 3.454.28 5,350.01 7,184.53 6,122.48 3,545.36 26,537.85 2,883.93 1.4 74.91 392.369.49 7,747.94 299.72 19.80 4.66 615.05 615,318.10 35,500.00 17,991.40 284.00 1.171.50 16,759.15 1,597,938.39 26 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801271" Street Vero Beach, FL 32960 �- � GOMp �� • U 73 Q 9 p� £R cout", TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH. COMPTROLLER DATE: February 22, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 16, 2018 to February 22, 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 16, 2018 to February 22, 2018. 27 CHECKS WRITTEN TRAINS NBR DATE VENDOR AMOUNT 363781 02/16/2018 ALLAN D KELLERMAN 30,900.00 363782 02/20/2018 TOTAL ADMINISTRATIVVE SERVICES CORP 1.929.20 363783 02/22/2018 PORT CONSOLIDATED INC 20,409.06 363784 02/22/2018 JORDAN MOWER INC 304.09 363785 02/22/2018 SUNCOAST WELDING SUPPLIES INC 537.47 363786 02/22/2018 TEN -8 FIRE EQUIPMENT INC 138.61 363787 02/22/2018 RANGER CONSTRUCTION IND INC 655.33 363788 02/22/2018 VERO CHEMICAL DISTRIBUTORS INC 83.80 363789 02/22/2018 RICOH USA INC 239.97 363790 02/22/2018 CHISHOLM CORP OF VERO 487.78 363791 02/22/2018 VELDE FORD INC 824.59 363792 02/22/2018 SAFETY PRODUCTS INC 800.90 363793 02/22/2018 E -Z BREW COFFEE & BOTTLE WATER SVC 21.46 363794 02/22/2018 GRAINGER 237.50 363795 02/22/2018 KELLY TRACTOR CO 804.47 363796 02/22/2018 SAFETY KLEEN SYSTEMS INC 548.68 363797 02/22/2018 GRAYBAR ELECTRIC 819.60 363798 02/22/2018 MCMASTER CARR SUPPLY CO 56.49 363799 02/22/2018 AMERIGAS EAGLE PROPANE LP 1,294.85 363800 02/22/2018 AMERIGAS EAGLE PROPANE LP 1,627.51 363801 02/22/2018 AMERIGAS EAGLE PROPANE LP 1,707.63 363802 02/22/2018 AMERIGAS EAGLE PROPANE LP 2,821.77 363803 02/22/2018 HACH CO 52.49 363804 02/22/2018 LFI FORT PIERCE INC 997.38 363805 02/22/2018 NATIONAL FIRE PROTECTION ASSOC 3,019.90 363806 02/22/2018 KSM ENGINEERING & TESTING INC 1,075.00 363807 02/22/2018 BOUND TREE MEDICAL LLC 2,224.17 363808 02/22/2018 ECOTECH CONSULTANTS INC 2,667.00 363809 02/22/2018 VERO INDUSTRIAL SUPPLY INC 303.60 363810 02/22/2018 DIVE RESCUE INC 10,024.59 363811 02/22/2018 EXPRESS .REEL GRINDING INC 3,500.00 363812 02/2212018 TIRESOLESOF.BROWARDINC 2,701.95 363813 02/22/2018 H C WARNER INC 1,147.99 363814 02/22/2018 GOLF SPECIALTIES INC 2,250.00 363815 02/22/2018 BAKER & TAYLOR INC 3._841.52 363816 02/22/2018 COMPUTYPE INC 781.70 363817 02/22/2018 BRANDT'S APPLIANCE SERVICE INC 164.13 363818 02/22/2018 MIDWEST TAPE LLC 855.62 363819 02/2212018 CENGAGE LEARNING INC 6,246.40 363820 02/22/2018 PALM TRUCK CENTERS INC 279.93 363821 02/22/2018 SOFTWARE HARDWARE INTEGRATION 984.00 3638?2 02/22/2018 VERO BEACH EDGEWOOD PLACE LP 121.00 363823 02/22/2018 GREENE INVESTMENT PARTNERSHIP I_TD 3,772.96 363824 02/22/2018 LINDSEY GARDENS LTD 406.00 363825 02122/2018 .RIVER PARK ASSOCIATES LIMITED 390.00 363826 02/22/2018 CREATIVE CHOICE HOMES XVI LTD 436.00 363827 02/22/2018 PING INC 43.39 363828 02/22/2018 INDIAN RIVER COUNTY HEALTH DEPT 283.64 363829 02122/2018 INDIAN RIVER COUNTY HEALTH DEPT 52,747.50 363830 02/22/2018 MEDICAL EXAMINERS OFFICE 35.224.16 363831 02122/2018 VICTIM ASSISTANCE PROGRAM 5,532.66 363832 02/22/2018 ROGER I NICOSIA 1,500.00 363833 02/22/2018 CITY OF VERO BEACH 89.366.72 363834 02122/2018 CITY OF VERO BEACH 2.108.02 363835 02/22/2018 CITY OF VERO BEACH 11,787.50 363836 02/22/2018 CHAPTER 13 TRUSTEE 201.08 363837 02/.22/2018 UNITED WAY OF INDIAN RIVER COUNTY 745.00 363838 02122/2018 UNITED PARCEL SERVICE INC 84.51 28 TRA 'S NBR DATE VENDOR AMOUNT 363839 02122/2018 FERGUSON ENTERPRISES INC 1,476.80 363840 02/22/2018 PETTY CASH 30.00 363841 02/22/2018 LIVINGSTON PAGE 198.00 363842 02/22/2018 JANITORIAL DEPOT OF AMERICA INC 186.84 363843 02/22/2018 TREASURE COAST HOMELESS SERVICES 614.74 363844 02/22/2018 FLORIDA DEPT OF EDUCATION 271.50 363845 02/22/2018 ACUSHNET COMPANY 749.43 363846 02/22/2018 INTERNATIONAL GOLF MAINTENANCE INC 990.00 363847 02/22/2018 WEST PUBLISHING CORPORATION 415.64 363848 02/22/2018 MUNICIPAL CODE CORPORATION 750.64 363849 02/22/2018 TYLER TECHNOLOGIES INC 5.125.00 363850 02/22/2018 CITY OF SEBASTIAN 23,701.97 363851 02/22/2018 J014N KING 201.54 363852 02/22/2018 CALLAWAY GOLF SALES COMPANY 376.04 363853 02/22/2018 FLORIDA POWER AND LIGHT 103,007.05 363854 02/22/2018 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 363855 02/22/2018 PHILI-IP J MATSON 91.67 363856 02/22/2018 TAYLOR MADE GOLF CO INC 3,405.06 363857 02/22/2018 TAYLOR MADE GOLF CO INC 977.33 363858 02/22/2018 BR&CLEARWATER OWNER LLC 447.00 363859 02/22/2018 STATE ATTORNEY 23,489.59 363860 02/22/2018 CITY OF FELLSMERE 237.82 363861 02/22/2018 NEW HORIZONS OF THE TREASURE COAST 25,127.50 363862 02/22/2018 S'TRUNK FUNERAL HOMES & CREMATORY 850.00 363863 02/22/2018 CENTRAL FLORIDA PRIMA 25.00 363864 02/22/2018 MYLES BROWN 198.00 363865 02/22/2018 TRANSPORTATION CONTROL SYSTEMS 3,310.00 363866 02/22/2018 HENRY SMITH 342.00 363867 02/22/2018 KENNETIi JAMES BINGH.AM JR 200.00 363868 02/22/2018 ALAN C KAUFFMANN 160.00 363869 02/22/2018 INTERNATIONAL CODE COUNCIL INC 240.00 363870 02/22/2018 DONADIO AND ASSOCIATES ARCHITECTS 4,_612.50 363871 02/22/2018 VERO CLUB PARTNERS LTD 438.00 363872 02/22/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 689.00 363873 02/22/2018 BRIDGESTONE AMERICAS INC 169.42 363874 02/22/2018 GLOBAL EQUIPMENT CO INC 807.93 363875 02/22/2018 RUSSELL PAYNE INC 5,058.27 363876 02/22/2018 CEL1CO PARTNERSHIP 236.43 363877 02/22/2018 CINTAS CORPORATION NO 2 70.00 363878 02/22/2018 FLORIDA DEPT OF JUVENILE JUSTICE 34,108.33 363879 02/22/2018 RACHEL IVEY 357.17 363880 02/22/2018 VAN WAL INC 230.00 363881 02/22/2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 110.00 363882 02/22/2018 DASIE BRIDGEWATER HOPE CENTER INC 16,295.39 363883 02/22/2018 FLORIDA RURAL LEGAL SERVICES INC 2,451.45 363884 02/22/2018 FASTENAL COMPANY 27.65 363885 02/22/2018 M T CAUSLEY INC 33.884.75 363886 02/22/2018 OCLC ONLINE COMPUTER LIBRARY CENTER 436.66 363887 02/22/2018 MASTELLE.R & MOLER INC 4,060.00 363888 02/2212018 STAPLES CONTRACT & COMMERCIAL INC 649.18 363889 0212212018 GRAHAM CLAYBURN 40.50 363890 02/22/2018 ARPHAX PUBLISHING CO 575.00 363891 02/2212018 GLOVER OIL COMPANY INC 19,246.15 363892 02/22/2018 ADMIN FOR CHILD SUPPORT ENI=ORCEMENT 288.16 363893 02/22/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 292.07 363894 02/22/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 162.97 363895 02/22/2018 MAYA MILLER 72.27 363896 02/22/2018 GARY L EMBREY 120.00 363897 02/22/2018 SALVATION ARMY 200.00 363898 02/22/2018 LARRY STEPHENS 306.00 29 TRANS NBR DATE VENDOR AMOUNT 363899 02/22/2018 ARDAMAN & ASSOCIATES INC 697.00 363900 02/22/2018 1 ST FIRE & SECURITY INC 262.92 363901 02/22/2018 MICHAEL W EIRLS 2,600.00 363902 02/22/2018 PETER OBRYAN 144.02 363903 02/22/2018 JOHNNY B SMITH 312.00 363904 02/22/2018 MOORE MEDICAL LLC 1,422.40 363905 02/22/2018 CHARLES A WALKER 120.00 363906 02/22/2018 INDIAN RIVER RDA LP 369.00 363907 02/22/2018 GABRIEL ROEDER SMITH & CO 3,000.00 363908 02/22/2018 REDLANDS CHRISTIAN MIGRANT ASSOC 3.333.13 363909 02/22/2018 K'S COMMERCIAL CLEANING 2,583.89 363910 02/22/2018 OTTO ENVIRONMENTAL SYSTEMS NORTH AMERICA 978.00 363911 02/22/2018 YOUTH GUIDANCE DONATION FUND 1,250.00 363912 02/22/2018 NICOLACE MARKETING INC 500.00 363913 02/22/2018 ALERT ALL CORPORATION 520.00 363914 02/22/2018 LARIAT ENTERPRISES INC 375.47 363915 02/22/2018 VERA SMITH 162.00 363916 02/22/2018 GARRETT SMITH 288.00 363917 02/22/2018 WEST CONSTRUCTION INC 165.202.06 363918 02/22/2018 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 363919 02/22/2018 ECMC 276.58 363920 02/22/2018 FLORIDA ARMATURE WORKS INC 3,021.67 363921 02/22/2018 FLORIDA COAST EQUIPMENT INC 11140.15 363922 02/22/2018 JOSEPH CATALANO 80.00 363923 02/22/2018 BERMUDA SANDS APPAREL LLC 222.00 363924 02/22/2018 NATIONAL CINEMEDIA LLC 862.50 363925 02/22/2018 KEITH GROCHOLL 120.00 363926 02/22/2018 GFA INTERNATIONAL INC 20,790.00 363927 02/22/2018 NEWSOM OIL COMPANY 1.322.43 363928 02/22/2018 LOWES HOME CENTERS INC 1,400.44 363929 02/2212018 CARDINAL HEALTH 110 INC 149.72 363930 02/22/2018 ALEX MIKLO 320.00 363931 02/22/2018 CARMEN LEWIS 327.50 363932 02/22/2018 SOUTHERN MANAGEMENT LLC 9,010.50 363933 02/22/2018 DEBORAH CUEVAS 216.00 363934 02/22/2018 KATE P COT NER 398.23 363935 02/22/2018 SAMBA HOLDINGS INC 1,284.71 363936 02/22/2018 SUMMIT CONSTRUCTION OF VERO BEACH LLC 48,661.06 363937 02/22/2018 SUSAN ADAMS 43.97 363938 02/22/2018 FAMILY SUPPORT REGISTRY 156.45 363939 02/22/2018 PAIGE LESTER 48.33 363940 02/22/2018 NAPIER & ROLLIN PLLC 162.50 363941 02/22/2018 BRYAN CAVE LLP 32,662.90 363942 02/22/2018 SKECHERS USA INC 104.65 363943 02/22/2018 RONALD NICHELSON 160.00 363944 02/22/2018 FOUNDATION FOR AFFORDABLE RENTAL 717.00 363945 02/22/2018 SYLIVIAMILLER 720.00 363946 02/22/2018 HAWKINS INC 326.25 363947 02/22/2018 FLORITURF SOD INC 164.00 363948 02/22/2018 ENCORE ONE LLC 1,083.87 363949 02/22/2018 KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION 1,598.45 363950 02/22/2018 SCRIPPS NP OPERATING LLC 847.05 363951 02/22/2018 SCRIPPS NP OPERATING LLC 1,952.00 363952 02/22/2018 COCA COLA BEVERAGES FLORIDALLC 161.33 363953 02/22/2018 JOSEPH DIZONNO 300.00 363954 02/22/2018 KENDRA COPE- 929.92 363955 02/22/2018 TRIBOND LLC 8,427.44 363956 02/22/2018 RED THE UNIFORM TAILOR 814.74 363957 02/22/2018 UNIFIRST CORPORATION 492.04 363958 02/22/2018 CDA SOLUTIONS INC 887.06 30 TRANS NBR DATE VENDOR AMOUNT 363959 02/22/2018 SITEONE LANDSCAPE SUPPLY LLC 34.28 363960 02/22/2018 GOTTA GO GREEN ENTERPISES INC 160.52 363961 02/22/2018 ADVANCE STORES COMPANY INCORPORATED 28.70 363962 02/22/2018 EGP DOCUMENT SOLUTIONS LLC 280.09 363963 02/22/2018 FLORIDA EAST COAST HOLDINGS CORP 5,400.00 363964 02/22/2018 RUSSELL L OWEN III 200.00 363965 02/22/2018 RIOMAR TITLE LLC 23.96 363966 02/22/2018 SHARON G BROPHY 607.21 363967 02/22/2018 NICHOLAS MIUCCIO 445.00 363968 02/22/2018 MONOPRICE INC 44.84 363969 02/22/2018 PEOPLE READY INC 983.20 363970 02/22/2018 ROBERT O RICHARDSON I11 60.00 363971 02/22/2018 GRID CONNECT INC 2,852.55 363972 02/22/2018 STEVE MIX 525.00 363973 02/22/2018 KATHRYN MARIE REINA 450.00 363974 02/22/2018 STRIVING 4 SUCCESS 3,712.90 363975 02/22/2018 COLE AUTO SUPPLY INC 885.24 363976 02/22/2018 CHRISTINE STAY 300.00 363977 02/22/2018 MARISAALEXANDER 40.00 363978 02/22/2018 DANBRANLEY LLC 325.00 363979 02/22/2018 BETH NOLAN 80.00 363980 02/22/2018 QUIKRETE HOLDINGS INC 1,545.00 363981 02/22/2018 THOMAS R PILIERO 61.00 363982 02/22/2018 RELX INC 50.00 363983 02/22/2018 LOCKTON COMPANIES 22,375.00 363984 02/22/2018 GOVDIRECT INC 463.21 363985 02/22/2018 STUART RUBBER STAMP & SIGN CO INC 12.61 363986 02/22/2018 NEAL POOLE 100.00 363987 02/22/2018 ERIC SKALA 216.00 363988 02/22/2018 PATRICK TRAMEL 51.17 363989 02/22/2018 ADVANTAGE GOLF CARS INC 2,066.43 363990 02/22/2018 BROWNELLS INC 1,161.00 363991 02/22/201.8 BROWNELLS INC 11,502.05 363992 02/22/2018 GOMEZ BROTHERS IRRIGAI70N LLC 1,602.50 363993 02/22/2018 WOERNER AGRIBUSINESS LLC 1,051.00 363994 02/22/2018 ADIDAS AMERICA INC 715.50 363995 02/22/2018 TONE MARKETING LLC 238.87 363996 02/22/2018 COUCHS ROOFING & WATERPROOFING INC 973.89 363997 02/22/2018 DRAFTPROS LLC 15,125.20 363998 02/22/2018 UNITED SAR INC 1,818.25 363999 02/22/2018 GYRO-TRAC CORPORATION 19,000.00 364000 02/22/2018 THERNELL MILLS 216.00 364001 02/22/2018 GWEN OLIVER 119.84 364002 02/22/2018 LEGACY FIGHT SPORTS LLC 617.48 364003 02/22/2018 DAMARIS GORON 74.54 364004 02/22/2018 JAE LEE 64.82 364005 02/22/2018 WILLIAM HAWKINS 50.00 364006 02/22/2018 FL WATER RESOURCES CONFERENCE 385.00 364007 02/22/2018 STEPHEN STONE 100.00 364008 02/22/2018 JOSEPH LORINO 160.00 364009 02/22/2018 UTIL REFUNDS 77.69 364010 02/22/2018 UTLL REFUNDS 34.50 364011 02/22/2018 UTIL REFUNDS 30.68 364012 02/22/2018 UTIL REFUNDS 28.79 364013 02/22/2018 UTIL REFUNDS 55.80 364014 02/22/2018 UTIL REFUNDS 41.50 364015 02/22/2018 UTIL REFUNDS 70.75 364016 02/22/2018 UTIL REFUNDS 82.28 364017 02/22/2018 UTIL REFUNDS 65.69 364018 02/22/2018 UTIL REFUNDS 15.16 31 TRANS NBR DATE VENDOR AMOUNT 364019 02/22/2018 UTIL .REFUNDS 43.85 364020 02/22/2018 UTIL REFUNDS 38.05 364021 02/22/2018 UTIL REFUNDS 52.91 364022 02/22/2018 UTIL REFUNDS 67.46 364023 02/22/2018 UTIL REFUNDS 47.88 364024 02/22/2018 UTIL REFUNDS 84.83 364025 02/22/2018 UTIL REFUNDS 37.66 364026 02/22/2018 UTIL REFUNDS 100.00 364027 02/22/2018 UTIL REFUNDS 51.57 364028 02/22/2018 UTIL REFUNDS 36.43 364029 02/22/2018 UTIL REFUNDS 34.24 364030 02/22/2018 UTIL REFUNDS 64.44 364031 02/22/2018 UTIL REFUNDS 28.56 364032 02/22/2018 UTIL REFUNDS 40.41 364033 02/22/2018 UTIL REFUNDS 100.00 364034 02/22/2018 UTIL REFUNDS 35.61 364035 02/22/2018 UTIL REFUNDS 58.11 364036 02/22/2018 UTIL REFUNDS 21.67 364037 02/22/2018 UTIL REFUNDS 64.39 364038 02/22/2018 UTIL REFUNDS 57.49 364039 02/22/2018 UTIL.REFUNDS 49.45 364040 02/22/2018 UTIL REFUNDS 47.40 364041 02/22/2018 UTIL REFUNDS 79.27 364042 02/22/2018 UTIL REFUNDS 26.82 364043 02/22/2018 UTIL REFUNDS 23.61 364044 02/22/2018 UTIL REFUNDS 41.23 364045 02/22/2018 UTIL REFUNDS 174.70 364046 02/22/2018 U'T]L REFUNDS 100.00 364047 02/22/2018 UTIL REFUNDS 43.67 364048 02/22/2018 UTIL REFUNDS 78.07 364049 02/22/2018 UTIL REFUNDS 62.83 364050 02/22/2018 UTIL REFUNDS 134.14 364051 02/22/2018 UTII. REFUNDS 140.77 364052 02/22/2018 UTIL REFUNDS 36.02 364053 02/22/2018 UTIL REFUNDS 73.59 364054 02/22/2018 UTIL REFUNDS 164.53 364055 02/22/2018 UTIL REFUNDS 41.52 364056 02/22/2018 UTIL REFUNDS 85.42 364057 02/22/2018 UTIL REFUNDS 44.60 364058 02/22/2018 UTIL REFUNDS 13.07 364059 02/22/2018 UTIL REFUNDS 32.71 364060 02/22/2018 UTIL REFUNDS 32.04 364061 02/22/2018 UTIL REFUNDS 24.91 364062 02/22/2018 UTIL REFUNDS 49.51 364063 02/22/2018 UTIL REFUNDS 32.04 364064 02/22/2018 UTIL REFUNDS 28.83 364065 02/22/2018 UTIL REFUNDS 79.26 364066 02/22/2018 UTIL REFUNDS 44.19 364067 02/22/2018 UTIL REFUNDS 17.31 364068 02/22/2018 UTIL REFUNDS 179.68 364069 02/22/2018 UTIL REFUNDS 45.40 364070 02/22/2018 UTIL REFUNDS 32.01 364071 02/22/2018 UTIL REFUNDS 1297 364072 02/22/2018 UTIL REFUNDS 47.88 364073 02/22/2018 UTIL REFUNDS 40.96 364074 02/22/2018 UTIL REFUNDS 41.46 364075 02/22/2018 UTIL REFUNDS 15.36 364076 02/22/2018 UTIL REFUNDS 317.74 364077 02/22/2018 UTIL REFUNDS 81.82 364078 02/22/2018 UTIL REFUNDS 58.05 32 5 TRANS NBR DATE VENDOR AMOUNT 364079 02/22/2018 UTIL REFUNDS 99.75 364080 02/22/2018 UTILREFUNDS 23.46 364081 02/22/2018 UTIL REFUNDS 39.04 364082 02/22/2018 UTIL REFUNDS 50.00 364083 02/22/2018 UTIL REFUNDS 59.07 364084 02122/2018 UTIL REFUNDS 25.35 364085 02/22/2018 UTIL REFUNDS 12.01 364086 02/22/2018 UTIL REFUNDS 38.63 364087 02/22/2018 UTIL REFUNDS 83.41 364088 02/22/2018 UTIL REFUNDS 54.24 364089 02/22/2018 UTIL REFUNDS 12.28 364090 02/22/2018 UTI I, REFUNDS 41.50 364091 02/22/2018 UTIL REFUNDS 19.14 364092 02/22/2018 UTIL REFUNDS 75.12 364093 02/22/2018 U1'IL REFUNDS 2.31 364094 02/22/2018 UTIL REFUNDS 59.87 364095 02/22/2018 UTIL REFUNDS 11.17 364096 02/2212018 UTIL REFUNDS 70.44 364097 02122/2018 UTIL REFUNDS 12.22 364098 02/22/2018 UTIL REFUNDS 69.08 364099 02/22/2018 UTIL REFUNDS 35.33 364100 02/22/2018 UTIL REFUNDS 75.96 364101 02/22/2018 UTIL REFUNDS 50.00 364102 02/22/2018 UTIL REFUNDS 29.48 364103 02/22/2018 UTIL REFUNDS 60.32 364104 02/22/2018 UTIL REFUNDS 37.20 364105 02/22/2018 UTIL REFUNDS 39.51 364106 02/22/2018 UTIL. REFUNDS 142.94 364107 02/22/2018 UTIL REFUNDS 87.80 364108 02/22/2018 UTIL REFUNDS 91.89 364109 02/22/2018 UTIL REFUNDS 44.03 364110 02/22/2018 UTIL REFUNDS 48.05 364111 02/22/2018 UTILREFUNDS 71.66 364112 02/22/2018 UTIL REFUNDS 43.18 364113 02/22/2018 UTILREFUNDS 34.78 364114 02/22/2018 UTIL REFUNDS 37.01 364115 02/22/2018 UTILREFUNDS 36.98 364116 02/22/2018 UTIL REFUNDS 87.00 364117 02/22/2018 UTILREFUNDS 67.27 364118 02/22/2018 UTILREFUNDS 3.38 364119 02/22/2018 UTIL REFUNDS 19.74 364120 02/22/2018 PAUL CARONE 4,609.00 364121 02/22/2018 WILLIE C REAGAN 1,338.00 364122 02/22/2018 LARRY STALEY 593.00 364123 02/22/2018 PINNACLE GROVE LTD 2,376.00 364124 02/22/2018 VERO CLUB PARTNERS LTD 1,981.00 364125 02/22/2018 DAVID SPARKS 1.407.00 364126 02/22/2018 THE PALMS AT VERO BEACH 1,819.00 364127 02/22/2018 JOHN OLIVIERA 716.00 364128 02/22/2018 ARTHUR PRUETT 484.00 364129 02/22/2018 JOSEPH LOZADA 677.00 364130 02/22/2018 MICHAEL JAHOLKOWSKI 547.00 364131 02/22/2018 LUCY B HENDRICKS 761.00 364132 02/22/2018 ROBERT L B'RACKETT 515.00 364133 02/22/2018 SYLVESTER MC INTOSH 365.00 364134 02/22/2018 PAULA NN"HIDDON 553.00 364135 02/22/2018 JAMES W DAVIS 372.00 364136 02/22/2018 MTA EZELL 609.00 364137 02/22/2018 MISS INC OF THE TREASURE COAST 2,174.00 364138 02/22/2018 DANIEL CORY MARTIN 2.084.00 33 TRANS NBR DATE VENDOR AMOUNT 364139 02/22/2018 PAULA ROGERS & ASSOCLATES INC 601.00 364140 02/22/2018 FIVE STAR PROPERTY HOLDING LLC 847.00 364141 02/22/2018 MARK BAER 2,882.00 364142 02/22/2018 MARK BAER 11701.00 364143 02/22/2018 JUAN CHAVES 700.00 364144 02/22/2018 REID REALTY 656.00 364145 02/22/2018 MELISSA CAMARATA 838.00 364146 02/22/2018 FOUNDATION FOR AFFORDABLE RENTAL 767.00 364147 02/22/2018 INDIANTOWN NON-PROFIT HOUSING INC 670.00 364148 02/22/2018 AUGUSTUS B FORT JR 581.00. 364149 02/22/2018 H&H SHADOWBROOK LLC 567.00 364150 02/2212018 NKW-CL LLC 3,215.00 364151 02/22/2018 VERO BEACH PLACE LLC 3,864.00 364152 02/22/2018 GNS REAL ESTATE HOLDINGS LLC 1,512.00 364153 02/22/2018 COALITION FOR ATTAINABLE HOMES INC 1,060.00 364154 02/22/2018 HELPING HANDS REAL ESTATE & INVESTMENT CO 2,850.00 364155 02/22/2018 ALIX DENAEAU 700.00 364156 02/2212018 1135 RENTALS LLC 1,571.00 364157 02/22/2018 STEVEN J BERGAMINO 850.00 364158 02/22/2018 BLUE DRAGON MANAGEMENT LLC 1,100.00 364159 02/22/2018 MCLAUGHLIN PROPERTIES LLC 536.00 364160 02/22%2018 HOWARD R BRENNAN 556.00 364161 02/22/2018 MAXIPLEX LLC 8,607.00 364162 02/22/2018 RANDY BETHEL 735.00 364163 02/22/2018 KARLTOKRANDT 747.00 364164 02/22/2018 SPACE COAST REALTY CORP 555.00 364165 02/22/2018 SPACE COAST REALTY CORP 563.00 364166 02/22/2018 SPACE COAST REALTY CORP 750.00 Grand Total: 1,135,453.70 34 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1012874 02/16/2018 OFFICE DEPOT BSD CUSTOMER SVC 3,896.14 1012875 02116/2018 WASTE MANAGEMENT INC 4.930.64 1012876 02/21/2018 AT&T 12,851.33 1012877 02/21/2018 OFFICE DEPOT BSD CUSTOMER SVC 638.22 1012878 02/21/2018 COMCAST 8490 1012879 02/22/2018 EVERGLADES FARM EQUIPMENT CO INC 2.3377.69 1012880 02/22/2018 COLKITT SHEET METAL & A/C INC 897.00 1012881 02/22/2018 COPYCOINC 374.41 1012882 02/22/2018 HENRY SCHEIN .INC 4,128.24 1012883 02/22/2018 INDIAN RIVER BATTERY 11541.40 1012884 02/22/2018 INDIAN .RIVER OXYGEN INC 131.00 1012885 02/22/2018 SMITH BROTHERS CONTRACTING EQUIP 2,543.10 1012886 02/22/2018 GALLS LLC 1,154.60 1012887 02/22/2018 MEEKS PLUMBING INC 960.60 1012888 02/22/2018 ALLIED UNIVERSAL CORP 12,868.75 1012889 02/22/2018 IRRIGATION CONSULTANTS UNLIMITED INC 11479.63 1012890 02/22/2018 THE EXPEDITER 155..10 1012891 02/22/2018 SOUTHERN COMPUTER WAREHOUSE 513.06 1012892 02/22/2018 FIRST HOSPITAL. LABORATORIES INC 935.25 1012893 02/22/2018 COMMUNITY ASPHALT CORP 195.00 1012894 02/22/2018 ROGER CLEVELAND GOLF INC 3,484.01 1012895 02/22/2018 HD SUPPLY FACILITIES MAINTENANCE LTD 492.17 1012896 02/22/2018 PRIDE ENTERPRISES 383.51 10.12897 02/22/2018 SHRIEVE CHEMICAL CO 2,396.93 1012898 02/22/2018 POLY.DYNE INC 2;571.74 1012899 02/22/2018 GREEN EQUIPMENT COMPANY 706.00 1012900 02/22/2018 METRO FERE PROTECTION SERVICES INC 160.00 1012901 02/22/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,151.55 1012902 02/22/2018 L&L DISTRIBUTORS 639.63 Grand Total: 64,641.60 35 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE 5743 02/16/2018 5744 02/16/2018 5745 02/16/2018 5746 02/16/2018 5747 02/16/2018 5748 02/22/2018 5749 02/22/2018 5750 02/22/2018 Grand Total: VENDOR IRS -PAYROLL TAXES RUSSELL PAYNE INC IRC CHAMBER OF COMMERCE KIMLEY HORN & ASSOC INC SCHOOL DISTRICT OF I R COUNTY TOTAL ADMINISTRATIVE SERVICES CORP FIRST AMERICAN TITLE INSURANCE CO NORTHERN TRUST AMOUNT 10,586.25 121,919.59 250.00 15,815.48 119,784.00 10;281.27 10,000.00 10,000.00 298,636.59 36 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 16, 2018 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator Michael Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Participating Addendum to NASPO Contract OK -SW -300 for AEDs and Accessories BACKGROUND: On January 20, 2015, The Board approved the execution of a Participating Addendum (PA), enabling Indian River County to be a Participating Entity in the National Association of State Purchasing Officials (NASPO) Contract (#300) for Automated External Defibrillators (AEDs). The county had been utilizing that contract under the State of Florida's Participating Addendum, but the State withdrew its PA after awarding its own contract. The Fire Rescue Division utilizes this contract to obtain Physio -Control AED units and accessories, which are not included in the State of Florida AED contract. The contract under which the PA was executed has expired and NASPO has awarded a new Contract (SW300) to four vendors, including Physio -Control, effective through October 4, 2018, with four additional one-year extensions available. To continue using the NASPO contract, a PA for the new Contract must be executed. FUNDING: No funding is required for the execution of this addendum. Funding for the AEDs and accessories will come from the Emergency Services District — Fire Rescue — Other Machinery and Equipment Account (11412022-066490). RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Participating Addendum to NASPO Contract SW300 and authorize the Chairman to execute it after the County Attorney has approved it as to content and legal sufficiency. ATTACHMENTS: Participating Addendum 37 S.C. NASPO ValuePoint PARTICIPATING ADDENDUM AUTOMATIC EXTERNAL DEFIBRILLATORS & ACCESSORIES Led by the State of Oklahoma Master Agreement #: OK -SW -300 Contractor: PHYSIO -CONTROL, INC. NASPO ValuePoint Participating Entity: INDIAN RIVER COUNTY, FLORIDA The following products or services are included in this contract portfolio: • All products and accessories listed on the Contractor page of the NASPO ValuePoint website. Master Agreement Terms and Conditions: 1. Scope: This addendum covers the AUTOMATIC EXTERNAL DEFIBRILLATORS & ACCESSORIES led by the State of Oklahoma. 2. Participation: This Participating Addendum is intended for use by departments under the Indian River County Board of County Commissioners. 3. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors): Contractor Name: Physio Control (now part of Stryker) Address: 11811 Willows Rd NE, Redmond, WA 98052 Telephone: 800442-1142 Fax: N/A Email: uscontracts@stryker.com Participating Entity Name: Indian River County Address: 1801 27th Street, Vero Beach, FL 32960 Telephone: 772-226-1416 Fax: N/A Email: purchasing(a)ircgov.com Page 1 of 3 38 NASPO ValuePoint NASPO PARTICIPATING ADDENDUM AUTOMATIC EXTERNAL ValuePoint DEFIBRILLATORS & ACCESSORIES Led by the State of Oklahoma 4. PARTICIPATING ENTITY MODIFICATIONS OR ADDITIONS TO THE MASTER AGREEMENT These modifications or additions apply only to actions and relationships within the Participating Entity. Participating Entity must check one of the boxes below. L] No changes to the terms and conditions of the Master Agreement are required. [X] The following changes are modifying or supplementing the Master Agreement terms and conditions. All quotes and purchase orders should contain the following language: "Per NASPO Contract SW300" 5. Lease Agreements: Reserved 6. Subcontractors: All contactors, dealers, and resellers authorized in Florida, as shown on the dedicated Contractor (cooperative contract) website, are approved to provide sales and service support to participants in the NASPO ValuePoint Master Agreement. The contractor's dealer participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement. 7. Orders: Any order placed by a Participating Entity or Purchasing Entity for a product and/or service available from this Master Agreement shall be deemed to be a sale under (and governed by the prices and other terms and conditions) of the Master Agreement unless the parties to the order agree in writing that another contract or agreement applies to such order. Page 2 of 3 39 NASPO ValuePoint PARTICIPATING ADDENDUM AUTOMATIC EXTERNAL DEFIBRILLATORS & ACCESSORIES Led by the State of Oklahoma NASPO ValuePoint IN WITNESS, WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Participating Entity: Indian River County Contractor: Physio -Control Signature: Signature: Name: Peter D. O'Bryan Name: Jennifer Collins Title: Chairman, Board of County Commissioners Title: Pricing and Contracts Manager Date: Date: [Additional signatures may be added if required by the Participating Entity] For questions on executing a participating addendum, please contact: NASPO ValuePoint Cooperative Development Coordinator: Tim Ha Telephone: 503 428-5705 Email: thay@naspovaluepoint.org (Please email fully executed PDF copy of this document to PA a naspovaluepoint.orp to support documentation of participation and posting in appropriate data bases.] Page 3 of 3 40 �7 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 16, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2018020 — NCAC Water Slide Step Repair BACKGROUND: The Recreation Division requested the solicitation of bids for repairs to the steps to the 15 -foot - high platform associated with the double flume slide at the North County Aquatic Center (NCAC). These steps are original to the pool, constructed in 2002, and are rusting badly. The proposed repairs include new hot dip galvanized stairs, decks and aquatic matting. BID RESULTS: Advertising Date: January 17, 2018 Bid Opening Date: February 7, 2018 Demandstar Broadcast to: 419 Subscribers Specifications/Plans Downloaded by: 15 Vendors Replies: 1 Vendor Bidder Location Total Bid Close Construction, LLC Okeechobee $52,230.00 ANALYSIS: The Recreation Division has reviewed the bid received and determined Close Construction to be responsive and responsible, and has recommended award to them. SOURCE OF FUNDS: Staff's budget estimate for the work was $56,000.00. Funding for the $52,230.00 bid price is available in the NCAC — Other Improvements Except Buildings Account (00410472-066390). RECOMMENDATION: Staff recommends the Board award Bid 2018020 to Close Construction, LLC, approve the sample agreement and authorize the Chairman to execute the agreement after approval by the County 41 CONSENT Attorney as to form and legal sufficiency, and after receipt and approval of the required insurance by the Risk Manager. Attachment Sample Agreement 42 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 Close Construction. LLC (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: Repair to steps and platform for NCAC slide 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: North County Aquatic Center Water Slide Step Repair Bid Number: 2018020 Project Address: 945095 th Street, Sebastian, FL 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 45th 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. 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 $1,148.00 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. Page 1 43 ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $52,230.00 Written Amount: Fifty-two thousand, two hundred thirty dollars and zero cents ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this 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: Page 2 44 A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the 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 8, inclusive); (2) Notice to Proceed (3) Certificate(s) of Liability Insurance Page 3 45 (4) Invitation to Bid 2018020 (5) CONTRACTOR'S Bid Form (page 19 of 38); (8) Bid Security (9) Bidders Questionnaire (pages 24 to 26 of 38, inclusive); (10) Drug Free Workplace Form (page 20 of 38 (11) Affidavit of Compliance (page 21 of 38); (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 22 to 23 of 38, inclusive); (13) Warranty Information Form (page 27 of 38) (14) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the 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. Page 4 46 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law forthe 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 Contractorshall 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: Page 5 47 (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue Page 6 48 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. Page 7 49 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: CONTRACTOR: Close Construction, LLC By: (Contractor) (CORPORATE SEAL) Attest Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: David Smith Title: Aquatic Systems Manager Address: 9450 95th Street, Sebastian, FL 32958 Phone: 772-581-7665 Email: dsmith@ircgov.com 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.) Page 8 50 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 22, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommended Selection of Consultant for RFQ 2018029 — Engineering and Biological Support Services for Sector 5 (City of Vero Beach) Beach and Dune Renourishment Project BACKGROUND: On behalf of the Public Works Department and in accordance with FS 287.055, Requests for Qualifications (RFQs) were solicited for professional coastal engineering and biological support services related to the management and renourishment of the Sector 5 project area. As identified in the County Beach Preservation Plan, Sector 5 begins approximately 15 miles south of the Sebastian Inlet and extends south approximately 3 miles between the Florida Department of Environmental Protection (FDEP) Reference (R) Monuments R -70-R-86. The Sector 5 project area has been historically erosional and is designated by FDEP (2016) as critically eroded. The project dunes were initially nourished 2005-2006 under FDEP Coastal Construction Control Line Permit (CCCL) Permit No. IR -717 following impacts from twin Hurricanes Francis and Jeanne in 2004. The Sector 5 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. RFQ RESULTS: Advertising Date: RFQ Opening Date: DemandStar Broadcast to: RFQ Documents Requested by: Replies: ANALYSIS: January 7, 2018 January 30, 2018 at 2:00 pm 513 Subscribers 32 Firms 3 Firms 51 2018029 — Sector 5 Beach and Dune Renourishment CONSENT A selection committee comprised of Keith McCully, P.E., Stormwater Engineer, James Gray, Natural Resources Manager, Andy Sobczak, Infrastructure Project Manager, Adam Heltemes, P.E., Senior Civil Engineer and Marty Smithson, Sebastian Inlet District Administrator independently evaluated and scored the received statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The top three ranked firms were invited to participate in interviews. After the interviews, the committee members again independently ranked the firms and a committee ranking was compiled. The final rankine established by the committee is: "Proposing,Firm �. Location, ;a 1. Aptim Environmental & Infrastructure, Inc. Boca Raton 2. Coastal Tech-G.E.C., Inc. Vero Beach 3. Applied Technology & Management, Inc. West Palm Beach 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 design and permitting of the Sector 5 Beach and Dune Renourishment Project in the Beach Restoration Fund, Other Professional Services Hurricane Matthew—Account No. 12814472-033190-17001. The County has also received a fully signed FEMA Project Worksheet (No. IRGA04 — Hurricane Matthew), making project related design, permitting, and construction expenses eligible for up to 87.5% in Federal and State cost share. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top ranked firm (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. 52 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 26, 2018 Subject: Miscellaneous Budget Amendment 008 Description and Conditions 1. On February 13, 2018, the Board of County Commissioners approved the Public Transportation Supplement Block Grant for $560,855 and the Section 5311 Formula Grants for Rural Areas for $66,689. Exhibit "A" appropriates the grant funding. 2. On February 13, 2018, the Board of County Commissioners approved the Sheriffs request to expend Program Generated Income funds of $11,111.24. Exhibit "A" appropriates the funds. 3. On September 25, 2017, the County sold the Indian River County Annex Building a/k/a Old Library for $224,517. Ordinance No. 92-07 placed restrictions on the proceeds from the sale of the old library site. Upon sale of the property, the proceeds shall be used by the County for books, furniture and equipment for the library system. Exhibit "A" appropriates the funds to General Fund/Main Library/Operating Supplies, Office Furniture and Equipment. 4. The Florida Department of Labor has invoiced the County for Unemployment Compensation in Ocean Rescue and Road & Bridge. Exhibit "A" appropriates funding in the amount of $1,207 from MSTU/Reserve for Contingency and $1,063 from Transportation Fund/Reserve for Contingency. 5. Per Florida Statue 939.185, surplus funds from the law library in the previous year must be transferred to Fund 141, Additional Court Costs. Exhibit "A" transfers $9,134 from General Fund/Reserve for Contingency. 6. On February 6, 2018, the Board of County Commissioners approved the SCOP grant for CR512 resurfacing & shoulder widening. Exhibit "A" appropriates the grant amount of $877,600. 7. Several projects need to be "rolled over" to the current fiscal year. Exhibit "A" appropriates $405,432 from Optional Sales Tax -Cash Forward -Oct 1St and Secondary Roads/FDOT SCOP Grant for $60,275. 53 Board of County Commissioners February 26, 2018 Page 2of2 8. The County incurred expenses recovering from Hurricane Irma. Exhibit "A" appropriates $982,614 Cash Forward -Oct 1St. in the following funds: General Fund $60,500, MSTU Fund $28,795, Transportation Fund $35,640, Emergency Services $9,450, Optional Sales Tax $5,997, SWDD $821,883, Golf Course $3,525 and Utilities $16,824. The County is working with FEMA on eligible reimbursements for these expenses. 9. Various departments incurred overtime as a result of Hurricane Irma. Exhibit "A" appropriates $246,703 from Cash Forward -Oct 1St in the following funds: General Fund $28,010, MSTU Fund $27,120, Transportation Fund $76,314, Emergency Services Fund $105,771, SWDD $5,762, Building Dept. $3,241 and Fleet $485. The County is working with FEMA on eligible reimbursements for these expenses. 10.The County has had to demolish several structures on escheated property. Exhibit "A" appropriates $50,000 for this expenditure to be provided from MSTU Fund/Reserve for Contingency. 11. The Software Hardware Integration License Agreement for the Utilities Department needs to be prorated between the current fiscal year and last fiscal year. Exhibit "A" appropriates $57,385 from Utilities -Cash Forward -Oct 1 st 12.The EMS County Award grant has accumulated $3,658 in interest. . Exhibit "A" appropriates the funding from Emergency Services -Cash Forward -Oct 1St 13.On December 19, 2017, the Board of County Commissioners designated the Indian River County's Problem Solving Courts as a chosen program recipient to receive up to $25,000 from the Alcohol and Other Drug Abuse Trust Fund. Exhibit "A' appropriates the funding from Drug Abuse Program Fund -Cash Forward -Oct 1St 14. On October 24, the Board of County Commissioners approved $20,000 for an updated appraisal review and Phase I environmental site assessment for the Sebastian Harbor Preserve Conservation Area. Exhibit "A" appropriates the funding from Land Acquisition Fund/Cash Forward -Oct 1St Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2017-2018 budget. 54 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 , 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 Commissioner 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: 008 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/FTA Sec 5307 001033-331410 $560,855 $0 General Fund/FTA Sec 5311 01033-331423 $66,689 $0 Expense General Fund/Agencies/Comm unity Transportation Coordinator 00111041-088230-54001 $627,544 $0 2. Revenue Multi Jurisdiction Trust Fund/Cash Forward -Oct 1 126039-389040 $11,112 $0 Expense Multi Jurisdiction Trust Fund/Sheriff-Law Enforcement 12660021-099040 $11,112 $0 3. Revenue General Fund/Cash Forward -Oct 1 st 001039-389040 $224,517 $0 Expense General Fund/Main Library/Operating Supplies/Annex Proceeds 00110971-035290-18801 $100,000 $0 General Fund/Main Library/Office Furniture & Equipment/Annex Proceeds 00110971-066410-18801 $124,517 $0 4. Expense MSTU/Ocean Rescue/Unemployment Compensation 00411672-012150 $1,207 $0 MSTU/Reserve for Contingency 00419981-099910 $0 $1,207 Transportation Fund/Road & Bridge/Unemployment Compensation 11121441-012150 $1,063 $0 Transportation Fund/Reserve for Contingency 11119981-099910 $0 $1,063 5. Revenue Additional Court Costs/Cash Forward -Oct 1 141039-389040 $9,134 $0 Expense General Fund/TransferOut 00119981-099210 $9,134 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $9,134 Additional Court Costs/Court Administration 14190101-088400 $9,134 $0 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 008 Entry Fund/ Department/Account Name Account Number Increase Decrease Number 6. Revenue Secondary Roads/FDOT SCOP Grant/CR 512 -Myrtle Street 109033-334400-16020 $877,600 $0 to 125th Ave. Expense Secondary Roads//CR 512 -Myrtle Street to 125th Ave. 10921441-053360-16020 $877,600 $0 7. Revenue Optional Sales Tax/Cash Forward -Oct 1st 3151039-389040 $405,432 $0 Secondary Roads/FDOT SCOP Grant/58th Avenue 109033-334400-16008 $60,275 $0 Resurfacing Expense Optional Sales Tax/66th Ave -CR 510 Intersection 31521441-066510-06004 $405,432 $0 Improvements Secondary Roads/58th Avenue Resurfacing 10921441-053360-16008 $60,275 $0 8. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $60,500 $0 MSTU/Cash Forward -Oct 1st 004039-389040 $28,795 $0 Transportation Fund/Cash Forward -Oct 1 st 111039-389040 $35,640 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $9,450 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $5,997 $0 SWDD/Cash Forward -Oct 1st 411039-389040 $821,883 $0 Golf Course/Cash Forward -Oct 1st 418039-389040 $3,525 $0 Utilities/Cash Forward -Oct 1st 471039-389040 $16,824 $0 Total Revenue $982,614 Expense General Fund/County Attorney/Other Professional 00110214-033190-17026 $135 $0 Services/Hurricane Irma General Fund/Communications/Emergency Services/Other 00110719-033490-17026 $17,824 $0 Contractual Services/Hurricane Irma General Fund/Emergency Management/Other Operating 00120825-035290-17026 $2,718 $0 Supplies/Hurricane Irma General Fund/Parks/Other Contractual Services/ Hurricane 00121072-033490-17026 $950 $0 Irma General Fund/Parks/Other Operating Supplies/ Hurricane 00121072-035290-17026 $4,760 $0 Irma 57 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 008 Entry Fund/ Department/Account Name Account Number Increase Decrease Number General Fund/Facilities Mgmt/Other Contractual Services/ 00122019-033490-17026 $34,087 $0 Hurricane Irma General Fund/Facilities Mgmt/Other Operating Supplies/ 00122019-035290-17026 $26 $0 Hurricane Irma MSTU/NCAC/Maintenance-Buildings/Hurricane Irma 00410572-034610-17026 $27,204 $0 MSTU/Recreation/Other Operating Supplies/ Hurricane 00410872-035290-17026 $617 $0 Irma MSTU/Shooting Range/Maintenance-Buildings/Hurricane 00416172-034610-17026 $974 $0 Irma Transportation Fund/Road & Bridge/Other Contractual 11121441-033490-17026 $24,140 $0 Services/Hurricane Irma Transportation Fund/Traffic Engineering/Other Operating 11124541-035290-17026 $11,500 $0 Supplies/Hurricane Irma Emergency Services/Fire Rescue/Other Contractual 11412022-033490-17026 $9,450 $0 Services/Hurricane Irma Optional Sales Tax/Road & Bridge/Blue Cypress Culvert 31521441-066510-17026 $5,997 $0 Replacement SWDD/Sanitary Landfill/Other Contractual 41121734-033490-17026 $813,170 $0 Services/Hurricane Irma SWDD/Sanitary Landfill/Maintenance-Buildings/Hurricane 41121734-034610-17026 $2,627 $0 Irma SWDD/Sanitary Landfill/Other Operating 41121734-035290-17026 $6,086 $0 Supplies/Hurricane Irma Golf Course/Admin-Clubhouse Operations/Other 41823672-033490-17026 $3,525 $0 Contractual Services/Hurricane Irma Utilities/Wastewater Treatment/Other Contractual 47121836-033490-17026 $6,930 $0 Services/Hurricane Irma Utilities/Wastewater Collection/Other Contractual 47126836-033490-17026 $8,964 $0 Services/Hurricane Irma Utilities/Osprey Marsh/Other Contractual 47128236-033490-17026 $930 $0 Services/Hurricane Irma Total Expenses $982,614 9. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $28,010 $0 MSTU/Cash Forward -Oct 1st 004039-389040 $27,120 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $76,314 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $105,771 $0 SWDD/Cash Forward -Oct 1st 411039-389040 $5,762 $0 Bldg Dept/Cash Forward -Oct 1st 441039-389040 $3,241 $0 Fleet/Cash Forward -Oct 1st 501039-389040 $485 $0 Total Revenue $246,703 58 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 008 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Expense General Fund/County Attorney/Overtime 00110214-011140 $285 $0 General Fund/Main Library/Overtime 00110971-011140 $5,408 $0 General Fund/Main Library/Social Security 00110971-012110 $335 $0 General Fund/Main Library/Retirement 00110971-012120 $428 $0 General Fund/Main Library/Medicare 00110971-012170 $78 $0 General Fund/Parks/Overtime 00121072-011140 $8,440 $0 General Fund/Parks/Social Security 00121072-012110 $524 $0 General Fund/Parks/Retirement 00121072-012120 $668 $0 General Fund/Parks/Medicare 00121072-012170 $123 $0 General Fund/Facilities Maintenance/Overtime 00122019-011140 $5,603 $0 General Fund/Facilities Maintenance/Social Security 00122019-012110 $348 $0 General Fund/Facilities Maintenance/Retirement 00122019-012120 $444 $0 General Fund/Facilities Maintenance/Medicare 00122019-012170 $82 $0 General Fund/Office of Management & Budget/Overtime 00122913-011140 $335 $0 General Fund/Office of Management & Budget/Social Security 00122913-012110 $21 $0 General Fund/Office of Management & Budget/Retirement 00122913-012120 $27 $0 General Fund/Office of Management & Budget/Medicare 00122913-012170 $5 $0 General Fund/Animal Control/Overtime 00125062-011140 $4,202 $0 General Fund/Animal Control/Social Security 00125062-012110 $260 $0 General Fund/Animal Control/Retirement 00125062-012120 $333 $0 General Fund/Animal Control/Medicare 00125062-012170 $61 $0 MSTU Fund/Recreation/Overtime 00410872-011140 $1,973 $0 MSTU Fund/Recreation/Social Security 00410872-012110 $123 $0 MSTU Fund/Recreation/Retirement 00410872-012120 $156 $0 MSTU Fund/Recreation/Medicare 00410872-012170 $29 $0 59 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 008 Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU Fund/Intergenerational Facility/Overtime 00411572-011140 $857 $0 MSTU Fund/Intergenerational Facility/Social Security 00411572-012110 $54 $0 MSTU Fund/Intergenerational Facility/Retirement 00411572-012120 $69 $0 MSTU Fund/Intergenerational Facility/Medicare 00411572-012170 $13 $0 MSTU Fund/Ocean Rescue/Overtime 00411672-011140 $9,068 $0 MSTU Fund/Ocean Rescue/Social Security 00411672-012110 $563 $0 MSTU Fund/Ocean Rescue/Retirement 00411672-012120 $717 $0 MSTU Fund/Ocean Rescue/Medicare 00411672-012170 $132 $0 MSTU/Shooting Range/Overtime 00416172-011140 $339 $0 MSTU/Shooting Range/Social Security 00416172-012110 $22 $0 MSTU/Shooting Range/Retirement 00416172-012120 $27 $0 MSTU/Shooting Range/Medicare 00416172-012170 $5 $0 MSTU/Env. Planning/Overtime 00420724-011140 $11,226 $0 MSTU/Env. Planning/Social Security 00420724-012110 $696 $0 MSTU/Env. Planning/Retirement 00420724-012120 $888 $0 MSTU/Env. Planning/Medicare 00420724-012170 $163 $0 Transportation Fund/Road & Bridge/Overtime 11121441-011140 $14,582 $0 Transportation Fund/Road & Bridge/Social Security 11121441-012110 $905 $0 Transportation Fund/Road & Bridge/Retirement 11121441-012120 $1,154 $0 Transportation Fund/Road & Bridge/Medicare 11121441-012170 $212 $0 Transportation Fund/County Engineering/Overtime 11124441-011140 $28,942 $0 Transportation Fund/County Engineering/Social Security 11124441-012110 $1,795 $0 Transportation Fund/County Engineering/Retirement 11124441-012120 $2,290 $0 Transportation Fund/County Engineering/Medicare 11124441-012170 $420 $0 Transportation Fund/Traffic Engineering/Overtime 11124541-011140 $22,510 $0 Transportation Fund/Traffic Engineering/Social Security 11124541-012110 $1,396 $0 60 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 008 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Transportation Fund/Traffic Engineed ng/Reti rem ent 11124541-012120 $1,781 $0 Transportation Fund/Traffic Engineering/Medicare 11124541-012170 $327 $0 Emergency Services/Fire Rescue/Overtime 11412022-011140 $80,895 $0 Emergency Services/Fire Rescue/Social Security 11412022-012110 $5,016 $0 Emergency Services/Fire Rescue/Retirement 11412022-012120 $18,687 $0 Emergency Services/Fire Rescue/Medicare 11412022-012170 $1,173 $0 SWDD/Landfill/Overtime 41121734-011140 $4,986 $0 SWDD/Landfill/Social Security 41121734-012110 $309 $0 SWDD/Landfill/Retirement 41121734-012120 $394 $0 SWDD/Landfill/Medicare 41121734-012170 $73 $0 Building Dept/Building/Overtime 44123324-011140 $2,804 $0 Building Dept/Building/Social Security 44123324-012110 $174 $0 Building Dept/Building/Retirement 44123324-012120 $222 $0 Building Dept/Building/Medicare 44123324-012170 $41 $0 Fleet/Vehicle Maint/Overtime 50124291-011140 $419 $0 Fleet/Vehicle Maint/Social Security 50124291-012110 $26 $0 Fleet/Vehicle Maint/Retirement 50124291-012120 $33 $0 Fleet/Vehicle Maint/Medicare 50124291-012170 $7 $0 Total Expenses $246,703 10. Expense MSTU Fund/Road & Bridge/Other Contractual Services 00421441-033490 $50,000 $0 MSTU Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $50,000 11. Revenue Utilities Dept/Cash Forward -Oct 1st 471039-389040 $57,385 $0 Expense Utilities/ Dept/Customer Service/Computer Software 47126536-035120 $57,385 $0 61 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 008 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 12. Revenue Emergency Services -Cash Forward -Oct list 114039-389040 $3,658 $0 Expense Emergency Services/Fire Rescue/EMS County Award Grant -Operating 11412022-037310 $3,658 $0 13. Revenue Drug Abuse Fund/Cash Forward -Oct 1st 121039-389040 $25,000 $0 Expense Drug Abuse Fund/Agencies/Other Professional Services 12111069-033190 $25,000 $0 14. Revenue Land Acquisition Fund/Cash Forward -Oct 1st 145039-389040 $20,000 $0 Expense Land Acquisition Fund/Other Professional Services 14514639-033190 $20,000 $0 5M INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: - Jason E. Brown, County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: February 12, 2018 Project: Request for Extending Housing Inspection Services Agreements with Current Inspection Services Providers It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of March 6, 2018. BACKGROUND Indian River County manages several different affordable housing programs. One major component of those programs is rehabilitation of existing housing units. For each major home rehabilitation project, there is a need for work write-ups and housing inspection services to ensure that bids submitted by contractors for rehabilitation work are necessary, adequately scoped, and reasonably priced. At various times in the past, the county has conducted a Request for Qualifications (RFQ) process and qualified multiple inspection service firms. The county issued RFQs in 2012, 2014, and 2016. Currently, only two housing inspection firms are on the county housing inspection services list and receiving notices to bid on the SHIP rehabilitation jobs. One of those firms is actually bidding on most of the housing inspection jobs. Both firms have provided good service and there is now a need to extend the inspection services agreement between the county and the two firms. ANALYSIS: • Housing Rehabilitation Program The State Housing Initiatives Partnership (SHIP) Program assists income eligible households with housing rehabilitation projects. Through the SHIP program, the county assists with emergency rehabilitation such as replacing a failed septic tank, minor rehabilitation such as roof replacement, and major rehabilitation projects which require work write-ups from a 63 housing inspector. Currently, the SHIP Program handles 15-20 major rehabilitation projects per year. For major rehabilitation projects, a housing inspector is needed to inspect the house, determine the rehabilitation work activities needed to bring the house up to current building code, produce a work write-up, and perform follow-up duties to oversee work performed by the rehabilitation contractor. Prior to 2012, the county used Building Division inspectors to perform rehabilitation project inspection services. For some time, Building Division inspectors performed rehabilitation inspections, with the housing program reimbursing the Building Division for the inspectors' time. Later, when building activity declined during the recession and the county's housing rehabilitation activity increased, one of the Building Division inspectors was assigned to rehabilitation inspection duties full time. In 2012, however, the situation changed. With the reduction of SHIP funding at that time, it was no longer feasible to have a full time staff rehabilitation inspector. At the same time, staff changes in the Building Division made it necessary for the full time rehabilitation inspector to resume normal Building Division duties. For those reasons, in 2012 the county issued an RFQ to solicit the services of, and qualify several building inspection firms to perform inspection services for SHIP. Consequently, the county has a list of approved qualified inspectors, and from that list staff requests inspection service price quotes for each major rehabilitation project. The inspection firm with the lowest quote is then chosen to perform housing inspection services for the project. In response to the 2012 RFQ, the county received and subsequently approved four qualified inspection firms. However, after a short period of time, only one of the approved firms was bidding on the housing inspection services. In response to that single bidder situation, in 2014, the county issued another RFQ. A new firm responded to that RFQ and was approved by the Board of County Commissioners to be added to the list of qualified bidders. The county issued another RFQ in 2016 in an attempt to expand the list; however, no inspection firms responded to that RFQ. Currently, there are only two firms that are approved and permitted to bid on the housing inspection jobs. They are: My Licensed Roofer, LLC (McAlhany Construction, LLC) Guardian Community Resource Management, Inc. Currently, out of those two firms, Guardian CRM, Inc. is the only firm actually bidding on most of the county jobs. Both firms adequately perform necessary inspection services. Both firms have already signed housing inspection services agreements with the county. The My Licensed Roofer, LLC (McAlhany Construction, LLC) agreement was signed on March 13, 2012 and is now set to expire on March 13, 2019. The Guardian Community Resource Management, Inc. agreement was signed on June 10, 2014 and will expire on June 10, 2019. At this point, staff would like to extend both housing inspection agreements until 2024. 2 64 FUNDING The cost of the referenced inspection services is paid with SHIP funds. No additioanl funding is needed to conduct the RFQ process. RECOMMENDATION: Staff recommends that the Board of County Commissioners extend the housing inspection agreements with McAlhany Construction, LLC, and Guardian Community Resource Management, Inc. with an expiration date of June 10, 2024. ATTACHMENT: 1. Copy of Continuation of Inspection Services Agreement with McAlhany Construction, LLC 2. Copy of Continuation of Inspection Services Agreement with Guardian Community Resource Management, Inc. FXommunity Development\SHIP\Inspection services -housing programs\2018 BCC Agenda Items\2018 BCC agenda item for extension of housing inspectors contracts.doc 3 65 EXTENSION TO CONTINUE CONTRACT FOR HOUSING PROGRAM INSPECTION SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND MY LICENSED ROOFER, LLC (MCALHANY CONSTRUCTION, LLC) This Extension is to Continue Contract Agreement for Housing Program Inspection Services (Extension) on March 6, 2018 between MY LICENSED ROOFER, LLC (MCALHANY CONSTRUCTION, LLC) (Inspection Firm) whose address is 8120 North US Hwy #1, Vero Beach, Florida 32967 and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 180127th Street, Vero Beach, Florida, 32967 (County). WHEREAS, Indian River County and My Licensed Roofer, LLC (McAlhany Construction, LLC) signed a contract for housing inspection services dated March 13, 2012; and WHEREAS, per section XVII of the agreement, the contract is valid for five years and at the discretion of the county, could be extended for up to two additional one year terms until March 13, 2019; and WHEREAS, the parties mutually desire to extend the Master Agreement term; and WHEREAS, the name of the company changed from My Licensed Roofer, LLC to McAlhany Construction, LLC; and WHEREAS, staff wants to keep the expiration date of all housing program inspection service agreements the same. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, Indian River County, Florida and McAlhany Construction, LLC agree as follows: 1. The Agreement for Housing Program Inspection Services dated March 13, 2012 is hereby extended for an additional 5 year term and shall now expire on June 10, 2024. 2. Except as supplemented herein, the terms and conditions of the Master Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Master Agreement, the terms of this Amendment shall control. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] F:\Community Development\SHIP\Inspection services -housing programs\2018 BCC Agenda Items\2018 Extensions untill June 10, 2024\Extens�6 Contract Agreement - My Licensed Roofer.doc IN WITNESS WHEREOF, this Extension is executed by the authorized representatives of the parties on March 6, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency: William K. DeBraal Deputy County Attorney Jason E. Brown County Administrator MCALHANY CONSTRUCTION, LLC Pamela D. McAlhany, President Dated: Witnessed by: (Printed name): F:\Community Development\SHIP\Inspection services -housing programs\2018 BCC Agenda Items\2018 Extensions untill June 10, 2024\Extens6ion Contract Agreement - My Licensed Roofer.doc EXTENSION TO CONTINUE CONTRACT FOR HOUSING PROGRAM INSPECTION SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND GUARDIAN COMMUNITY RESOURCE MANAGEMENT, INC. (GCRM) This Extension is to Continue Contract Agreement for Housing Program Inspection Services (Extension) on March 6, 2018 between GUARDIAN COMMUNITY RESOURCE MANAGEMENT, INC. (Inspection Firm) whose address is 3020 Bruton Road, Plant City, FL 33565 and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 180127th Street, Vero Beach, Florida, 32967 (County). WHEREAS, Indian River County and GCRM signed a contract for housing inspection services dated June 10, 2014; and WHEREAS, per section XVII of the agreement, the contract is valid for five years and at the discretion of the county, can be extended for another five years; and WHEREAS, the parties mutually desire to extend the Master Agreement for an additional five year term. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, Indian River County, Florida and GCRM, Inc. agree as follows: 1. The Agreement for Housing Program Inspection Services dated June 10, 2014 is hereby extended for an additional five year term and shall now expire on June 10, 2024. 2. Except as supplemented herein, the terms and conditions of the Master Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Master Agreement, the terms of this Amendment shall control. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] FACommunity Development\SHIP\Inspection services -housing programs\2018 BCC Agenda Items\2018 Extensions untill June 10, 2024\Exten68 siionn Contract Agreement - Guardian.doc IN WITNESS WHEREOF, this Extension is executed by the authorized representatives of the parties on March 6, 2018. BOARD OF COUNTY COMMISSIONERS GUARDIAN COMMUNITY RESOURCE INDIAN RIVER COUNTY, FLORIDA MANAGEMENT, INC. Peter D. O'Bryan, Chairman Christine M. Alday, President Approved by BCC Dated: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Witnessed by: Deputy Clerk (Printed name): Approved as to Form and Legal Sufficiency: William K. DeBraal Deputy County Attorney Jason E. Brown County Administrator F:\Community Development\SHIP\Inspection services -housing programs\2018 BCC Agenda Items\2018 Extensions untill June 10, 2024\Extens6 n Contract Agreement - Guardian.doc Dylan Reingold., County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney M& M Ofice of ConsentA genda 0310612018 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: February 21, 2018 ATTORNEY SUBJECT: Second Amendment to Lease Agreement With Gifford Youth Achievement Center, Inc. In 2002, the Gifford Youth Activity Center, Inc. n/k/a Gifford Youth Achievement Center, Inc. (GYAC) entered into a Lease Agreement with the Board of County Commissioners (Board) for use of the Gifford Youth Activity Center located at 4875 43rd Avenue, Vero Beach, FL. The Lease Agreement called for an annual payment of $1.00 per year for a term of 40 years for the 4.34 acres of land. In January 2015, the Lease Agreement was extended to a term of 99 years to enable the GYAC to compete more favorably for grant funds and donations. In late 2017, GYAC submitted plans to build a single story 13,000 square foot classroom building on the leased premises. The classroom building is designed for an additional story to be added at a later date. The 2002 Lease Agreement was silent as to placing additional structures and improvements on the leased premises thus an amendment to the Lease Agreement is needed to provide consent to construct additional improvements on the leased premises. The attached Second Amendment provides for the Board's consent to construct the new classroom building in its two story phasing and for adding future improvements to the leased premises with prior consent of the Board. Staff has no objection to the Second Amendment. Funding. There is no direct funding impacted by this Second Amendment of Lease Agreement. Recommendation. Staff recommends that the Board authorize the Chairman to sign the Second Amendment to Lease Agreement between Indian River County and Gifford Youth Achievement Center, Inc. to provide for the construction of the new classroom building and future improvements to the GYAC property. Staff further recommends the Board authorize the Chairman to execute the resolution approving the lease extension as required by Florida Statutes §126.38. 70 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Second Amendment") dated as of March , 2018, between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter called the "Landlord") whose address is 1801 27th Street, Vero Beach, FL 32960 and GIFFORD YOUTH ACTIVITY CENTER, INC. n/k/a GIFFORD YOUTH ACHIEVEMENT CENTER, INC., a Florida not for profit corporation (hereinafter called the "Tenant") whose address is 4875 43rd Avenue, Vero Beach, FL 32967. BACKGROUND RECITALS A. On January 6, 1998, the Indian River County Board of County Commissioners as landlord entered into a lease agreement with the Progressive Civic League of Gifford, Florida, Inc. as tenant for the Gifford Youth Activities Center. B. On April 9, 2002, the Indian River County Board of County Commissioners considered a request made by the Gifford Youth Activity Center, Inc. with the support of the Progressive Civic League to become the tenant of the Gifford Youth Activity Center pursuant to a new lease. C. On November 19, 2002, the Board approved a new lease with the Gifford Youth Activity Center, Inc. as tenant, for a term of forty (40) years at a rate of $1.00 per year. D. On January 204 2015, the Board extended the lease with the Tenant, now known as the Gifford Youth Achievement Center to a 99 -year lease, with an ending date of December 31, 2114. E. Tenant has recently presented plans to Landlord to build an additional structure on the leased premises consisting of a one story, 13,000 square foot classroom building that could be expanded to add a second story of 13,000 square feet in the future. A sketch of the location of the proposed classroom is attached and incorporated herein as Exhibit "A". The original Lease Agreement dated November 19, 2002, however, is silent as to new construction on the leased premises. F. Landlord and Tenant desire to amend the Lease Agreement to add a provision for construction of the classroom building and other improvements in the future. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties agree as follows: BACKGROUND RECITALS. The Background Recitals are true and correct and form a material part of this Lease. The Lease dated November 19, 2002, shall be amended to add the following paragraph: CONSTRUCTION OF IMPROVEMENTS. Tenant, with the prior permission of the Landlord, shall be permitted to construct buildings and other improvements on the leased premises that coincide with the missions and goals of the Gifford Youth Achievement Center. Landlord shall not unreasonable withhold said consent. At the termination of the Lease, the buildings and 71 other improvements shall become the property of the Landlord. Landlord consents to the planned construction depicted at Exhibit "A". UNCHANGED. Unless amended above, the terms and conditions of the Lease dated November 18, 2002 shall remain unchanged. IN WITNESS WHEREOF, Landlord and Tenant have executed this Second Amendment to Lease Agreement the day and year first above written. GIFFORD YOUTH ACHIEVEMENT CENTER, INC. By: Angelia Perry Executive Director BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal Deputy County Attorney Witnessed by: signature:_ printed name: signature: printed name: Date approved by Board: 3/6/18 Approved Jason E. Brown County Administrator 2 72 07 pmd p 0 F ; ; ; it — . . rr H. lot Tl A t A AF I cw L 19 fig° ��I ; T 43RD AVENUE 51-11 'j scE lot Tl A t A AF I cw L 19 fig° ��I ; T 43RD AVENUE 51-11 YWH AM( BITTLE & STODDARD, L.L.C. a-__"--- 4875 43RD AVENUE 3�TE PLAN awo0. S." 2mF-.4K FLCFtM VM YtaGA FAXMMDMP9a 40 os 'j scE YWH AM( BITTLE & STODDARD, L.L.C. a-__"--- 4875 43RD AVENUE 3�TE PLAN awo0. S." 2mF-.4K FLCFtM VM YtaGA FAXMMDMP9a 40 os RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A SECOND AMENDMENT TO LEASE AGREEMENT WITH THE GIFFORD YOUTH ACHIEVEMENT CENTER, INC., FOR COUNTY OWNED PROPERTY KNOWN AS THE GIFFORD YOUTH ACHIEVEMENT CENTER. WHEREAS, the Gifford Youth Activity Center, Inc. n/k/a the Gifford Youth Achievement Center, Inc. ("GYAC), and the Board of County Commissioners (Board) entered into a Lease Agreement for County -owned property located at 4875 431 Avenue, Vero Beach, Indian River County, Florida ("Property") on November 19, 2002, for a term of 40 -years, at a rental rate of $1.00 per year for use as an activity center for area youths; and WHEREAS, on January 20, 2015, the Board amended and extended the Lease Agreement to a term of 99 -years to continue their use of the Property; and WHEREAS, GYAC seeks consent to construct a one story classroom building on the Property that in the future could be expanded to add a second floor and to construct such future improvements with the prior consent of the Board; and WHEREAS, the Board of County Commissioners finds that such uses of the County owned Property promotes the County interests and welfare; and WHEREAS, the GYAC is a Florida not for profit corporation and a corporation organized exclusively for charitable and educational purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: In accordance with Florida Statutes §125.38, the Board finds that: a. The Gifford Youth Achievement Center, Inc. ("GYAC") has made proper application as required for a Second Amendment to the lease of the Property; b. the Property is not needed for County purposes; c. The use of the Property for a classroom and as a youth achievement center promotes the County interests and welfare; 2. The Board approves and authorizes the Chairman to execute the Second Amendment to Lease Agreement between the Board and the GYAC, for construction of the classroom described in the attached Exhibit "A" and such future improvements to the Property as may be approved by the Board; 3. The Second Amendment to Lease Agreement is entered into pursuant to the authority of Florida Statutes §125.01 and §125.38. 74 RESOLUTION NO. 2018 - The foregoing" Resolution was offered by Commissioner and 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. Fie ' Scher Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 6th day of March, 2018. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Ltz Peter D. O'Bryan, Chairman 2 75 fuMilly 11 fit, - 7x.'7 --3t 3 - 1 7;iTat ;; I - F ......... xx I I It m . 11ji-Ig1�11 ll ]10 1 ��"1311i.1106 11gg 1 1,IIIA tit 31111 -gfill'011fl, full HYMN HIM .1 1911fligh Of I. all) M Of Yl.all 1- '01 f 4111- " 1 911 1 HIJ14CH1,111flIj! if i2 low A1AWs all or v 21 a —g g, 1Z, Jill 7,- 4, LO iIII Hill SM111 11 11114 �Iu L f T- 1.4 All -w is T 3m 43RD AVENUE a i's Okrs-pa6—umrr' ul SIB 47 L mutt Evlk((Nl CCRTL SCHULKE. F31TTLE & STODDARD, L.L.G. _ _"" R -- YERO 18. 7, Iil�R, AVINUI troD Att SITE PLAN �K—VC VA. �.G 'M 00- �iA m1u. � - W -1W 11 1 , mirm4m FAXMI� �.�KQR=u� ENV ON au CONSENT d INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Tad Stone, Assistant Chief Department of Emergency Services DATE: February 19, 2018 SUBJECT: Approval of Renewal for a Class "A" Certificate of Public Convenience And Necessity for Indian River Shores Department of Public Safety It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On April 12, 2016, the Indian River County Board of County Commissioners approved a renewal of Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety to provide BLS/ALS Emergency Medical Services originating within Indian River Shores. This certificate was necessary in order to comply with Indian River County Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and will expire April 15, 2018. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "A" certificate has been submitted by Indian River Shores Department of Public Safety. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There is no funding required for this item. 77 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety, to be effective for a period of two (2) years from April 15, 2018 to April 15, 2020. ATTACHMENTS: 1. Renewal Application from Indian River Shores Department of Public Safety. 2. Two (2) Certificates of Public Convenience and Necessity for Indian River Shores Department of Public Safety QTrsE�,INDIAN RIVER COUNTY ltQPg.'�C: O. DEPARTMENT OF EMERGENCY SERVICES /VCy_ APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. )' This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A 12( BLS V ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ❑ _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑ Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class E1 ❑ Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with,government funds. UABeth\Beth Casano EOCMCOPCMRENEWAL PACKETSICOPCN Application.doc ' 9 II. COMPANY DETAILS 1. NAME OF AGENCY: indjQ(1 -t�' lUef- Snore RIUNC SakleA\.' MAILING ADDRESS: Cil N - Alii CITY_T(), ficin R1VC(3170( COUNTY.—TQ61CC) leve-(' ZIP CODE:, 1(D. _ BUSINESS PHONE: TW r)3I-a4s\ 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): KniDcC\t4ul 3. MANAGER'S NAME:B1C")C)0(-6 BoSek �, -D1r .CA0'(- ADDRESS l4OO 1 M. AIA Til cV a() h\y e SnG(-e3q03 PHONE #: --7—],-) - c -231--04S \ 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION NA 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # UABeth\Beth Casano EOMCOPCMRENEWAL PACKETS\COPCN Application.doc 2 80 6. FUNDING SOURCE: ) (\X iL)_ `EC{ (i 0010 v )2\ 4LJ 7. RATE SCHEDULE ATTACHED? YES V NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE Center dawn 1�� 1 & r 1 rp n FROM BASE STATION U:\Beth\Beth Casano EOMCOPCMRENEWAL PACKETS\COPCN Application.doc 3 81 Indian River Shores Public Safety Personnel Roster February 09, 2018 ID# Last Name First Name Rank EMT # EMT Expires Medic # Medic Expires 962 Beaumont Christopher PSO NA NA PMD 526461 12/1/2018 947 Sarcinello Rick PSO EMT 68986 12/1/2018 N/A N/A 983 Parker Travis PSO EMT 543488 12/1/2018 NA NA 959 Benham Kip SGT N/A N/A PMD 15975 12/1/2018 948 Crosby William SGT N/A N/A PMD 15096 12/1/2018 953 Dempsey Timothy SGT N/A N/A PMD 4810 12/1/2018 944 Dudley Anthony LT N/A N/A PMD 8080 12/1/2018 957 Hawkes Geoffrey PSO EMT 503633 12/1/2018 PMD 509910 12/1/2018 946 Hoyt Shawn SGT EMT 56429 12/1/2018 PMD 10467 12/1/2018 945 Mooney Tedd PSO N/A N/A PMD 14311 12/1/2018 952 Shaw Mark CPT N/A N/A PMD 11220 12/1/2018 981 Crouch Dustin PSO EMT 536439 12/1/2018 NA NA 989 Benoit Michael PSO NA NA PMD 526481 12/1/2018 998 Black James PSO NA NA PMD 513405 12/1/2018 985 Grass Barbara PSO NA NA PMD 17986 12/1/2018 992 lovino Albert PSO EMT 84225 12/1/2018 PMD 527098 12/1/2018 993 Maikranz Jacob PSO EMT 526558 12/1/2018 PMD 520924 12/1/2018 994 Smith Kyle PSO NA NA PMD 516337 12/1/2018 703 Villars Rick FireMedic NA NA PMD 3050 12/1/2018 917 Bell Brian PSO EMT 551780 12/1/2018 NA NA 920 Cranmer Derek PSO EMT 551328 12/1/2018 NA NA 82 AMBULANCE FEE SCHEDULE NON -EMERGENCY (22L) YEAR ""TYPE CODE: ALS = ADVANCED LIFE SUPPORT NP = NOT FOR PROFIT SERVICE BLS = BASIC LIFE SUPPORT Go UA8eth\Beth Casano EOCICOPCNIRENEWAL PACKETSIAPPLICATIONSICOPCN Appiication,cfoc tIi INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES VECHICLE ROSTER NAME OF SERVICE: :Tncltctn— I ),( h. o Le's � (,( 0 1 c S (a 119--,\/ ri SUBMITTED BY: Qml�CiA 1.a- e -c -of 6 Irloonce - MAKE MODEL MANUFACTURE MILEAGE VEHICLE ' IDENTIFICATION NUMBER (VIN) _ ALSIBLS SERVICE ASSIGNED NUMBER -1 HTMNA A m q V1 -0-77163 ALS '?,104 34 ALS 1 C)5 — -------------- FLORIDA MUNICIPAL INSURANCE TRUST UNINSURED MOTORISTS / UNDERINSURED MOTORISTS SELECTION FORM NON STACKED YOU ARE ELECTING NOT TO PURCHASE CERTAIN VALUABLE COVERAGE WHICH PROTECTS YOU AND YOUR FAMILY OR YOU ARE PURCHASING INSURED MOTORIST LIMITS LESS THAN YOUR BODILY INJURY LIMITS WHEN YOU SIGN THIS FORM. PLEASE READ CAREFULLY AGREEMENT NO. FMIT # 0274 DESIGNATED MEMBER Town of Indian River Shores COVERAGE PERIOD October 1, 2017 — October 1, 2018 SELECTION FORM CHECK, SIGN 8 DATE FOR ONLY ONE OPTION DUNINSURED MOTORISTS / UNDERINSURED MOTORISTS COVERAGE - REJECTION: I/We REJECT Uninsured / Underinsured Motorists coverage and request that such coverage be eliminated from the Agreement, all renewals, and any other provisions which extends, changes, supersedes or replaces this agreement. EUNINSURED MOTORISTS / UNDERINSURED MOTORISTS COVERAGE - INCREASED LIMITS:1IWe accept the offer of INCREASED limits for Uninsured 1 Underinsured Motorists in the Combined Single Limit amount of bodily injury each accident. a Limit(s) LOWER than the limit(s) of the agreement for bodily injury liability, but not less than the Financial Responsbility minimum limit(s) required by law. Limit. ❑ Limit(s) EQUAL to the limit(s) of the agreement limit(s) for bodily injury liability. Limit: . FMIT UM 1010 Authorize . nature , Date East 85 AGREEMENT NO. FMIT # 0274 FLORIDA MUNICIPAL INSURANCE TRUST DESIGNATED MEMBER Town of Indian River Shores COVERAGE PERIOD October 1, 2017 — October 1, 2018 OPTION FORM 1. PERSONAL INJURY PROTECTION ® The member acknowledges and understands that the agreement identified above will provide the full no-fault Personal Injury Protection coverage required by the Florida Reparations Reform Act, as amended. 2. Deductible Amount Applicable to Personal Injury Protection - Optional (select only one) ❑ $250 ❑ $2,000 ❑ $500 ❑ $1,000 3. ❑ Coverage reduced by "Medicare" Program (42 USC 1395) and by Military benefits - Optional 4. ❑ Work loss does not apply - Optional 5. No Deductible Applicable to Personal Injury Protection - Optional ® No Deductible THE MEMBER HAS READ THE ABOVE APPLICATION & DECLARES THAT MEMBER HEREBY ELECTS THE OPTIONS MARKED ABOVE AND REQUESTS THEY BE MADE A PART OF THE AGREEMENT ABOVE. FMIT PIP 1010 is -l5-i'7 Authorized SignqUe Date East 86 001 010 6001 North AIA Indian River Shores, FL Entrance Sign 'Jolstod Masonry Special Form 57,155 $0 001 01S 6001 North AIA Indian River Shores, FL ' (1) Slgn (pvc ontmnce J 2 wood posts) Frame Special Form $383 -SO E z " t ;'Fim- ole ` Non Cmbustibie E001� 016 .6001,NorthAIAindlanRlvorShoro%T 9P. ¢ V+: tet' ; "�.c +� r6 t?` ,a;+• yc+ P "ti k` �_ :SpOC1aI FORi1'§�5..'�''r•�.•+,_.-_ S,ssS.r;s-' W :s�'-�`y�". '`'''. $O'.�;•: 001 o17 '6001 North AIA Indian River Shores, FL (6) Decorative Lights Non -Combustible Special Form $4,023 SO _ 001 019 •6001 North AtA Indian River Shores, FL Gonarator.100_kw Special Form 526,775 Non -Combustible 50 001 Property Schedule Frame Town of Indian River Shares, WIT #0274 Special Form $333 50 October 1, 2017 - Oct6belr-1, 2018 003 001 200 Fred•Tuork'Drive Indian Rlver Shoros; TC, Jr " n ^ Public Safety.BuOding 1 rf3v - ^•"` *Y- tsa''^� '.s-,�..:- ;n.' w iSp�edal F.ortn�� rS2;626,5'.Siicdal Form.:,!f` Location W Address Occupancy Construction Type Loc Bid Cause of Loss = Building Limit Cause of Loss - Personal Property Limit . 001 o01 6001 North AIA Indian River Shores, FL Town Manager and Clerks Office Jolsted Masonry I . Special Form 5324,720 Special Form $35,000 '001)710041 GOOtiN Ali'A1Alndlon RI'rShoro"s,'FL 4 N Town'Hotl Chambc�s x'P. ,, , f�Joistod'M onryON Special Forth $4':000 . , * 001 005 6001 North AIA Indian River Shores, FL Treasury and Building Department Jolsted Masonry Office Special Form $217,350 Special Form S35.000 001 010 6001 North AIA Indian River Shores, FL Entrance Sign 'Jolstod Masonry Special Form 57,155 $0 001 01S 6001 North AIA Indian River Shores, FL ' (1) Slgn (pvc ontmnce J 2 wood posts) Frame Special Form $383 -SO E z " t ;'Fim- ole ` Non Cmbustibie E001� 016 .6001,NorthAIAindlanRlvorShoro%T 9P. ¢ V+: tet' ; "�.c +� r6 t?` ,a;+• yc+ P "ti k` �_ :SpOC1aI FORi1'§�5..'�''r•�.•+,_.-_ S,ssS.r;s-' W :s�'-�`y�". '`'''. $O'.�;•: 001 o17 '6001 North AIA Indian River Shores, FL (6) Decorative Lights Non -Combustible Special Form $4,023 SO _ 001 019 •6001 North AtA Indian River Shores, FL Gonarator.100_kw Special Form 526,775 Non -Combustible 50 001 021 •6001 North AIA Indlan Rlvor Shoros, FL •(2) Benches: PVC Frame Special Form $333 50 003 001 200 Fred•Tuork'Drive Indian Rlver Shoros; TC, Jr " n ^ Public Safety.BuOding 1 rf3v - ^•"` *Y- tsa''^� '.s-,�..:- ;n.' w iSp�edal F.ortn�� rS2;626,5'.Siicdal Form.:,!f` r.. "Jolsted Masonry v`r� G S211,500' �Nt 0OS 006 :2.00 Fred Tuark Orive Indian River Shoros, FL (1) Sign: Entrance Monument Jolsted Masonry Special Forth $5,640 SO I 003 009 .200 Fred Tuark Drive Indian River Shores, FL Flagpole Non-Combustiblo Special Form $1,485. $0 X003 009;y'2001F�redork'DihiWl d�Ian,River� Ls ,; '{(1�tligacorn Vol %1roa,`r=_u� + `Non -Co Us .�';��Spociat•F.orm• .,��r�: :5;�. i $315 .f m+ �*�• -.� �.N-��'0 � 'r 1 003 010 200 Fred Tuark Drive Indian_ River Shores, FL Generator: 100kw Non-Combustibla Special Forth 526,775 SO 005 00.1 Island Point Way Indian River Shores, FL ; Dock and Boat LIR Special Form 558,752 PR-SCHEO 1014 k igo oarago i- 1. Jolstryod,rMasonry iy;'Sig �'}R Frame , SO is, ..fir' Framed Pagel of 2 87 Property Schedule Town.of,Indian River Shores, FMIT #0274 October 1, 2017 - October -1, 2018 Location Addross Occupancy Construction Type Loc Bid Cause of Loss - Building Limit Cause of loss - Personal Property Limit 005. 004 Island Point Way Indian River Shores, FL (4) Pathway Lighting Non. -Combustible Special Form $2,322 so n•>.�-+aa.�-.�...^-*�rR*rcu-.-:a...r.�,,.-..,..^�^.•,.q>-mss-•ro.......-..--.-,-„.-,• 006��HBe'aeheomherRoatl;InBianRivcrShorosDuno`Crossovor,Structum� xw.::,•_ zFraino OOt �i;d, -5. �'''� ” ;$:c.y• :cr,te.. ft' - .,5�., �-v,-^,ter. �''-,;c;c.w..tMr .xf-r-`;,�f:�,R.-*..Y.%«•- .... . -, '�tP'�.�,s'•"='r �-. _ -•:^`- Y �5.� axM`.�:�� .�,.e.fr.' t�:.�.. �'.C-,''..it: f:.. ��-� �:�,,w `,:; :rS`4'`.rr%"'X '^•.:.' r'$e+ >c`' ail. ��3 Total: 53,000,837 5352;340 PR-SCHED 1014 Page 2 of 2 88 FLORIDA AUTOMOBILE INSURANCE IDENTIFICATION CAF Florida Municipal Insurance Trust Number 0274 Effective Date: 10/01/201 Designated Member: Town of Indian River Shores Personal Injury Protection Benefits Bodily Injury Liability Property Damage Liability All Scheduled Vehicles Not valid more than one year from effective date i J IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: 4EWAL APPLICANTS FOR CLASSES A -D NEED ONLY #'s 4 - 9 NEWAL APPLICANTS FOR CLASSES E AND E-1 NEED ONLY #'s 6 — 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided; including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges UABeth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 4 90 V. NOTARIZED STATEMENTS Fill in Statements as applicable. or E1 APPLICANTS, I, , the representative of Applicant Name , do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS, Applicant Name the representative of Alan avec a-\aes '-A7utiic � l p�, do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS', I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements 7o, Is ;PZPiic 'on re true a correct. 7 APP660T SIGNATURE DXf E Before me personally appeared the said 1 cl-�3 ca' C 1ffse. t I who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purilose thereof. Sworn nd subscribed in my presence this day of P,)D(UCt(Lt 2016. My commission expires: 7 alG NOTARY PUBLIC ..tivyn;; CHARLENE HALL 0 4 _ . •: Notary Public -State of Florida _ Commisslon s GG 104874 UABeth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc r` �.: hlyComm.Explres1u126,1021 5 Bonded through NationalNotary Ass A w 4LL`-1�`:33>f. b�Cp h3< 'i<Q �S` h3<a iL h < '4�<p b3< :'�L,,th3< :�L :��G 7•�< hYt"�'`it�i 1< �Lp'�'�yt.�'-�6p �Lp�"•)•t 3< Str•. •y 6','��sc'•S�•i�:•>•. G:V� �V� (/'V� �V� �V.�' �'.d� �yt`a �/:V� �V� i�'/.V� �:i/�\t �'.V�i �rv� fi�:V\� Q:d� fx:d� �:d�k (!.'V� �:V� f%'V� l�V� �'V� �%V� �:V� %:i/� :�:r� �P!•V.�i�/FBrW� NA"' 1 A e qr INDIAN RIVER COUNTY CLASS "All 'Al y CERTIFICATE OF PUBLIC CONVENIENCEWA tis WHEREAS, the Town of Indian River Shores, Department of Public Safety has requested > authorization to provide Emergency Pre-Hos'pital BLS/ALS EMS Transportation Services that tys C-1;f , originate IndianCounty; andINA i.i �V� WHEREAS, the above named service affirms that it will maintain compliance with the requirements of the Emergency Medical Act, Chapter 401, Florida Statutes; Florida Administrative Code, Chapter 64E-2; and Indian River County Code of Ordinances Chapter 304. 1 THEREFORE� the Indian River County Board of County Commissioners hereby issue a • s Class "A" Certificate of Public Convenience and Necessity to said Company to provide Emergency Pre-Hospital BLS/ALS EMS Transportation Services. W 41. Certificate Type: CLASS A Date of Expiration: April 15, 2020 fY t, (Unless certificate is sooner revoked or suspended.) AV t+A9! Effective ..2018 AV. Limitations:Primary response service areafw -et limited to the Town of Indian River Shores. s1 Peter D. O'Bryan, Chairman (2p Approved by the Indian River County Board of County Commissioners Board of County Commissioners on 'XW Ale 'k March 6, 2018. 1 - ��. •> AI �. A A AAA tWW_I1 A' A- Iwh4� AA•OrAn• A4P AA•�• A (�A A!A AA�•t�A• n AI1•.,I�AA•y. ("•�. A•,�AA•.n \ /1, �.� i�` iI/ � %I WWI C . %%�+./I ,CC`.� �`.// 1�.�,�" /% �0. .iI � � �i.r� R4 /I" L�./t � /+ 'Qa _. iI R ti„" � �I I.' ��/ .i- .�. .�:,`•..�.;�..� Yt\ 1(1 -�. se �•r ` _ .moi as'.�� c:' Hca':•�e:•,c.::..�. •.e.; .��.;•;.��. ..�. •c..•>c• -Vic":>c'.-mac':>c•:':•�t +9 y�•`\:rv. ,�Y '.�v� 'r4�• •�� ter, 1. r, �, % aJlk /t •t�S •41. i ::• `..!a ! ..'r. % y\ \ � % ••`\, •�? G h ' - — — — —_ — � _— ✓":y . M-.Y. —i^ •Y-��Y�`• �Y= —�Y _ � _ �v�. �v. �v- — �Y. —�v—�v. �v'�•. �Y. jF,Y.�+. �vr+e. �Y �v. `�y � v 1'• N �� 1 � � � 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: FDOT SCOP Agreement FM No. 433068-1-54-01— Exhibit B Revision CR512 Resurfacing & Shoulder Widening (Myrtle Street to 125th Avenue Project No. IRC -1305, FM No. 433068-1-54-01 DATE: February 20, 2018 DESCRIPTION AND CONDITIONS On February 6, 2018 the Board of County Commissioners approved Florida Department of Transportation (FDOT) Small County Outreach Program (SCOP) Agreement FM No. 433068-1-54-01 and Resolution No. 2018-015 for FDOTfunding for the resurfacing and shoulder widening of CR512 from Myrtle Streetto 125th Avenue, as well as for construction engineering inspection (CEI) services (estimated total cost for the project is $1,560,000.00). FDOT's maximum funding participation is $877,600.00 and the County's portion is estimated to be $682,409.00. The FDOT has requested a revised Exhibit B be substituted in the approved SCOP Agreement FM No. 433068-1-54-01 to reflect revised FDOT funding for fiscal years 2018 and 2019. Total FDOT participating funding for the project remains the same. FUNDING Funding for the County's cost share in the amount of $682,400.00 will be funded by Account Number 10921441-053360-16020 Secondary Roads/FDOT SCOP Grant/CR512 (Myrtle Street to 125th Avenue). RECOMMENDATION Staff recommends the Board of County Commissioners approve the substitution of Revised Exhibit B in FDOT Small County Outreach Program (SCOP) Agreement FM No. 433068-1-54-01. ATTACHMENTS 1. Original Exhibit B for FDOT SCOP Agreement FM No. 433068-1-54-01 2. Revised Exhibit B for FDOT SCOP Agreement FM No. 433068-1-54-01 APPROVED AGENDA ITEM FOR MARCH 6.2018 R\Public Works\ENGINEERING DIVISION PROJECTS\1305-CR 512 Resurf(SCOP) Myrtle St to 125th St\Admim\agenda items\FDOT 93 Agreement\BCC Agenda Memo FDOT SCOP Exhibit B for Agreement FM No. 433068-1-54-Ol.doc EXHIBIT "B" METHOD OF COMPENSATION FINANCIAL PROJECT NO. 433068-1-54-01 This is a cost reimbursement agreement. This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Indian River County referenced by the above Financial Project Number Schedule of Funding: 4K FY 2018 FY 2019 TAL I. TOTAL PROJECT $ $ $ Desi $ $ $ Right of Way $ $ $ Construction and CEI $ 1,081,911.00 4 8 $ 1,560,000.00 II. PARTICIPATION: Maximum Department Participation $ 399,511.00 $ 478,089.00 $ 877,600.00 Local Participation $ 682,40 $ 0.00 $ 682,400.00 In -Kind $ $ $ Cash $ $ Combination In -Kind/ $ $ Waiver or Reductio $ $ $ TOTAL PROJEC CO $ 1,081,911.000 $ 478,089.00 $ 1,560,000.00 fir copies of invoice(s) to the following address: 01 of Transportation. Program Management Div., Attn: Leos A. Kennedy, Jr. 3400 W. COMMERCIAL BLVD., FT. LAUDERDALE, FLORIDA 33309 94 EXHIBIT "B" METHOD OF COMPENSATION FINANCIAL PROJECT NO. 433068-1-54-01 This is a cost reimbursement agreement. This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Indian River County referenced by the above Financial Project Number Schedule of Funding: FY 2018 FY 2019 Ah, I VOTAL I.TOTAL PROJECT $ $ $ Design $ $ AL, $ Right of Wa $ $ AL $ Construction and CEI $ 1,097,653.00 A W,AWT$1,560,000.00 II. PARTICIPATION: IV Maximum Department Participation $ 415,253.0 $ 462,347.00 $ 877,600.00 Local Participation ddwfth'Y $ 2,40. $ 0.00 $ 682,400.00 In -Kind $ $ Cash $ $ Combination In-Kind/'a% $ $ Waiver or Reducti $ $ TOTAL PROJECT OS $ 1,097,653.000 $ 462,347.00 $ 1,560,000.00 ur copies of invoice(s) to the following address: of Transportation. Program Management Div., Attn: Leos A. Kennedy, Jr. 3400 W. COMMERCIAL BLVD., FT. LAUDERDALE, FLORIDA 33309 95 3,K INDIAN RIVER COUNTY, FLORIDA MEMORANDUM y TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director a� FROM: James W. Ennis, P.E., PMP, County Engineer s= SUBJECT: Indian River County Shooting Range Skeet and Trap Facility Improvements # Final Payment, Release of Retainage and Change Order No. 1 r. DATE: February 14, 2018 DESCRIPTION AND CONDITIONS On December 15, 2015, the Board of County Commissioners awarded Bid No.2016008to West Construction, Inc. in the amount of $1,294,027.81 for the construction of three (3) newcombination national competition Skeet and Trap Fields, including Hi/low Trap Houses, lighting for the skeet and trap ranges to promote night time usage of the range at the Indian River County Shooting Range. Additionally, construction of a 15 station Sporting Clays Course is part of the project. West Construction, Inc. has completed the project and has been paid $1,220,934.80 with $64,259.73 held in retainage. West Construction, Inc. has submitted Application for Payment No. 11(FINAQ for final payment of $24,835.67 and release of retainage of $64,259.73 for a total amount of $89,095.40. Change Order No.1 is to make final adjustments to contract bid items for an increase to the total contract price by $16,002.39 for a final cost of $1,310,030.20 and make final time adjustments. Once final release of liens from all West Construction, Inc. subcontractors have been received, reviewed and approved, payment will be processed. FUNDING Funding is available in the following accounts: Optional Sales Tax/Parks Sporting Account No. 31521072-066510-12001 Clays Course (Final Payment) $24,835.67 Optional Sales Tax/Parks Account No. 315-206000-12001 Retainage Sporting Clays Course $64,259.73 F:\Public Works\ENGINEERING DIVISION PROJECTS\)213B-IRC Shooting Range Skeet & Trap Phase 2\Admin\agenda items\FINAL 96 CHANGE ORDER\Staff Repon.doc PAGE TWO BCC Agenda Item for March 6, 2018 IRC Shooting Range Skeet & Trap Facility Improvements — Final Payment, Release of Retainage and CO 1 James W. Ennis, P.E., PMP, County Engineer RECOMMENDATION Staff recommends approval of Change Order No.1 and payment of Application for Payment No. 11 FINALto West Construction, Inc. in the amount of $89,095.40 for final payment and release of retainage. ATTACHMENTS 1. Application for Payment No. 11 FINAL 2. Change Order No. 1 APPROVED AGENDA ITEM FOR MARCH 6, 2018 F.\Public Works\ENGINEERING DIVISION PROJECTS\121313-IRC Shooting Range Skeet & Trap Phase 2\Admin,agenda items\FINAL 97 CHANGE ORDER\Staff Report.doc SECTION 00622 - Contractor's Application for Payment SKEET AND TRAP FACILITY IMPROVEMENTS FOR THE INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE Application for Payment No. 11 FINAL For Work Accomplished through the period of 1011/16 through 11/30/16 To: Indian River County (OWNER) From: West Construction Inc. (CONTRACTOR) Bid No.: 2016008 Project No.: 1213B 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $1,294,027.81 2. Net change by Change Orders and Written Amendments (+ or -): $16,002.39 3. Current Contract Price (1 plus 2): $1,310,030.20 4. Total completed and stored to date: $1,310,030.20 5. Retainage (per Agreement): 100% of completed Work: 0% of retainage: $0.00 Total Retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): $1,310,030.20 7. Less previous Application for Payments: $1,220,934.80 8. DUE THIS APPLICATION (6 MINUS 7): 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 1 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; Page 2 of 5 IRC Skeet Trap Facility - Pay Ap FINAL cover 0et.doc 00622-1 C:\Users\AVega\AppData\Loral\Microsoft\Windows\Temporary Internet Files\Content.0utlook\KHPV28SW\IRC Skeet Trap Facility - Pay Ap FINAL cover sheet.doc Rev. 05101 2. Updated Construction Schedule per Specification Sect' nd Dated By: (CONTRAC. R —must be signed by an Officer of the Corporation) MATTHEW F. WEST V.P. Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER fore e, a otary Public, duly commissioned, qualified, and acting, personally appeared who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contain herein are true, correct, and complete. Subscribed and sworn to before me this ' day of 20/?. Id, /' j/P is personally known to me or has produced as identification. NOTARY PUBLIC: (SEAL),,�:�� yoy�� AURORAVEGA inted name: r.t? MY COMMISSION # FF 070742 EXPIRES: December 6, 2017 Commission No.: Xwe, sanded Thru Notary Public Underwriters _ Commission Expiration: Please remit payment to: Contractor's Name: West Construction, Inc. Address: 820 N. 4TH STREET LANTANA, FL 33462 [The remainder of this page was left blank intentionally] IRC Skeet Trap Facility - Pay Ap FINAL cover"et.doc 00622-2 C:\Users%AVega%AppDatalLocal\Microsoft\Windows\Temporary Internet Files\Content.OutlooklKHPV28SW\IRC Skeet Trap Facility - Pay Ap FINAL cover sheet.doc Rev. 05101 Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Philadelphia Indemnity Insurance Company ,a corporation, in accordance with Public Construction mond Number P812159900008 , 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: As per attached power of attorney Philadelphia Indemnity Insurance Company Secretary Corporate Surety Warren M. Alter, Attorney-in-fact One Bala Plaza, Suite 100 Bala Cynwyd, PPS 19004 1 Business Address BY: _ Print Name: _Warren M. Alter Title: Attorney-in-fact {Affix Corporate SEAL} STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Warren M. Alter , to me well known or who produced personally known as identification, who being by me first duly sworn upon oath, says that he/she is the attorney -in -tact for and that he/she has been authorized by them it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this 28th day of November , 20 17 `**Philadelphia Indemnity _ Insurance Company Notary Public, State of Flo DAWN AU"'TZ My Commission Expires: 11/15/2021 NOTARY CommISSION it GG145743 Pueuc 'vOIRFs Nov. 15, 2021 aulNsu=��_ ,_-;,minder of this page was left blank intentionally] IRC Skeet Trap Facility - Pay A,p FINAL cove; sheet.dcc 00622-3 C:1tl5erslAVegalAppCmtalLocaftMiaosa0\wndawyiTenporary Intn;net Fltaa10ontent.CuOocW'14PV205VAIRC Skael Trop Facltiy - Pay Ali F1NAL=var sheal.doe Rev. 05101 100 425 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint David T. Sathre, Warren M. Alter and Jonathan A. Bursevich of Alter Surety Groum Inc., its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof issued in the course of its business and to bind the Company thereby, in an amount not to exceed 525,000.000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14i6 of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14m DAY OF NOVEMBER, 2016. On this 1416 day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. NN M Y NMaeW Stll Maa NmeaN, NOYer hhl�rau lOaW Netbn Twp., Nor Nr CpnmW�P�1�Aa.0. 20U YVCLwi 0.i Notary Public: t ' residing at: Bala Cynwyd. PA (Notary Seal) My commission expires: January 8. 2018 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10 day of November, 2016 are true and correct and are still in full force and effect I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2 8 t bay of N o V emb eT20 17 z s27: Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 101 1927. %. Rs (Seal) '"�^"""Ali` Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 1416 day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. NN M Y NMaeW Stll Maa NmeaN, NOYer hhl�rau lOaW Netbn Twp., Nor Nr CpnmW�P�1�Aa.0. 20U YVCLwi 0.i Notary Public: t ' residing at: Bala Cynwyd. PA (Notary Seal) My commission expires: January 8. 2018 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10 day of November, 2016 are true and correct and are still in full force and effect I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2 8 t bay of N o V emb eT20 17 z s27: Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 101 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 b6 S ATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine issue. Dated IGNATURE [The Remainder of This Page Was Left Blank Intentionally] IRC Skeet Trap Facility - Pay Ap FINAL covfftet.doc 00622-4 C:1Users\AVegalAppData\LocaiNAicrosoR\WindowslTemporary Internet Files\Content.Outlook\KHPV2BSWURC Skeet Trap Facility - Pay Ap FINAL cover sheet.doc Rev. 05/01 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): IRC Skeet Trap Facility - Pay Ap FINAL covefOet.doc 00622-5 C:\Users\AVega\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\KHPV2BSW\IRC Skeet Trap Facility- Pay Ap FINAL cover sheet.doc Rev. 05/01 Pay Application for Skeet Tmp Facility Improvements IRC PROJECT NO. 1213B PAY APP NO. I 04 F SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOITALCOMPLETED % MATERIALS BALANCE TO FINISH Item No. MTV lrb�-&i OCIIJI& Y W�� *5 00100.1 COMBINATION HIGHf-OW HOUSES (COMPLETE PER PLAN AND DIVISION 3 BUILDING SPECIFICATIONS) 2 EA 77,384.00 154.768.00 2.00 154,768.00 0.00 2.00 154,768.00 100.00% 0.00 0.00 0.00 HIGH HOUSE (COMPLETE PER PLANAND DIVISION 3 BUILDING 75,520.00 75,520.00 1.00 75,520.00 0.00 1.00 75,520.00 100.00% 0.00 0.00 0.00 00100-2 SPECIFICATIONS) 1 EA 00100.3 LOW HOUSE (COMPLETE PER PLAN AND DIVISION 3 BUILDING SPECIFICATIONS) 1 EA 77,917.00 77.917.00 1-00 77,917.00 0.00 1.00 77,917.00 100.00% 0.00 0.00 0.00 10100-4 TRAP HOUSE (COMPLETE PER PLAN AND DIVISION 3 BUILDING SPECIFICATIONS) 3 EA 23,59600 70.785 DD 3.00 70,795.00 0.00 3.00 70,785.00 100.00% 0.00 0.00 0.00 00100.5 STORAGE BUILDING (COMPLETE PER PLAN AND DIVISION 3 BUILDING SPECIFICATIONS) I EA 80,605.00 80.605.DD 1.00 80,605.00 0.00 1.00 80,605.00 100-00% 0.00 0.00 0.00 00100.6 BUILDINGS (COMPLETE PER PLAN AND DIVISION 3 BUILDING SPECIFICATIONS) 1 LS 55.611.00 55,611.00 1.00 55,611.00 0.00 1.00 55,611.00 100.00% 0.00 0.00 0.00 51.655.00 51,655.00 1.00 51,655.00 0.00 1.00 51,655.00 100.00% 0.00 0.00 0.00 101-1 MOBILIZATION 1 Ls 16,81700 16.817.00 1.00 16,817.00 0.00 1.00 16,917.00 100.00% 0.00 0.00 0.00 1041 EROSION AND WATER POLLUTION CONTROUS1 NPDES COMPLIANCE I I LS 108.1 AS BUILTSIRECORD DRAWINGS I LS 8,19700 8,197.00 0.50 4,098.50 0.50 4,098.50 1.00 8,197.00 100.00% 0.00 0.00 0.00 110.1-7 CLEARING AND GRUBBING 6.18 AC 4,097.00 25,319.46 6.18 25,319.46 0.00 6.18 25,319.46 100.00% 0.00 0.00 0.00 1&65 148.234.95 9,753.00 162,387.45 0.00 9,753.00 162,387.45 109.55% 0.00 -850.00 -14,152.50 1204 EMBANKMENT (BORROW)�GOMPACTED N -PLACE) 6.903 CY 5.55 32.434.20 5,844.00 32,434.20 0.00 5,944.00 32,434.20 100.00% 0.00 0.00 0.00 180-1 STABILIZED SUBGRADE (8- THICK) 5,844 SV 1 5 56 5.050.50 910.00 5,050.50 0.00 910.00 5,050.50 100.00% 0.00 0.00 0.00 1804-2 STABILIZED PARKING (W THICK) 910 BY 10.60 59,02640 5,644.00 59,826.40 0.00 5,644.00 59,826.40 100.00% 0.00 0.00 0.00 28&704 BASE MATERIAL (LIME ROCK OR CEMENTED COQUINA) (S' THICK) 5.6" BY 334-1A3 ASPHALT TSP 12.5) 5,444 BY 15.5484,699 76 5,444.00 84,599.76 0.00 5,444.00 94599.76 100.00% 0.00 0.00 0.00 61.77 1,235.40 20.00 1,235.40 0.00 20.00 1,235.40 100.00% 0.00 0.00 0.00 430w174,112 STORM PIPING 12' CMP 20 LF 6177 8,030.10 130.00 8,030.10 0.00 130.00 8,030.10 100.00% 0.00 0.00 0.00 430.175-112 STORM PIPING 12' RCP 130 LF 777.00 1,654.00 2.00 1,554.00 0.00 2.00 1,554.00 100.00% 0.00 0.00 0.00 430-952-121 STORM PIPING 12' CMP MITERED END SECTIONS 2 EA 430.984721 STORM PIPING 12- RCP MITERED END SECTIONS 6 EA 777.00 4.682.00 6.00 4,662.00 0.00 6.00 4,662.00 100.00% 0.00 0.00 0.00 BOLLARD -REMOVABLE REMOVABLE I EA 1,620.00 1,620.W 1.00 1,520.00 0.00 1.00 1,520.00 100.00% 0.00 0.00 0.00 '520-1 HEADER CURB - W X W 350 LF 11.10 3,68500 350.00 3,885.00 0.00 350.00 3,885.00 100.00% 0.00 0.00 0.00 522-2 CONCRETE WALKSIPADS (6- THICK) INCLUDING 2- DIA, BRONZE STATION MARKERS 1,300 BY 37.46 48.698 00 1,300.00 48,698.00 0.00 1,300.00 48,698.00 100.00% 0.00 0.00 0.00 13.07 653.50 50.00 653.50 0.00 50.00 653.50 100.00% 0.00 0.00 0.00 527-2 DETECTABLE WARNING DOMES(BRICK RED) SO SF 7.77 2.486.40 320.00 2,486.40 0.00 320.00 2,486.40 100.00% 0.00 0.00 0.00 551109-19 NEW HOG WIRE FENCE 320 LF 2.50 30.000.00 16,000.00 40,000.00 0.00 16,000.00 40,000.00 133.33% 0.00 -4,000.00 -10,000.00 6711-1 SOD-BAHIA 12,000 IS SO 5 -1 EE BARRICADES 15 EA 222.00 3.330.00 6.00 I I 1,332.00 0.00 6.00 1,332.00 I 40.00% 0.00 9.00 1,998.00 15.63 5,439.24 1 348.00 1 5,439.24 0.00 348.00 1 5,439.24 0.00 56D -1 -IR SAND CORDGRASS 346 EA 04 Pay Application far Skeet Trap Facility Improvements IRC PROJECT NO. 1213B PAY APP NO. I 105 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH Item Na. R�� W(jhEffa-- -7 Z T 7e-7Wouni Qj 580-2.8 RELOCATE CABBAGE PALMS 50 FA 22400 14,700.0 50.00 14,700.00 0.00 50.00 14,700.00 100.00% 0.00 0.00 0.00 580-4-M NEW CABBAGE PALMS 68 EA 257.00 17,476.00 45.00 11,565.00 0.00 45.00 11,565.00 66.18% 0.00 23.00 5,911.00 580.4W393 CHINESE FAN PALM 6 EA 889.00 4,134.00 6.00 4,134.00 0.00 6.00 4,134.00 100.00% 0.00 0.00 0.00 477.00 4,293.00 9.00 4,293.00 0.00 9.00 4,293.00 100.00% 0.00 0.00 0.00 500-5-173 BAUD CYPRESS 9 EA 466.00 2.796.00 6.00 2,796.00 0.00 6.00 2,796.00 100.00% 0.00 0.00 0.00 580-5.173.1 POND CYPRESS 6 EA 460.00 2,330.00 2.00 932.00 0.00 2.00 932.00 40.00% 0.00 3.00 1,398.00 5865-223 SOUTHERN UNE OAK 5 EA 46600 466.00 1.00 466.00 0.00 100 466.00 100,00%, 0.00 0.00 0.00 5865-223-1 LAUREL OAK 1 EA Inu) (COMPLETE PER PLAN SPECIFICATIONS AND CONTRACT 80,806B0 80,808.00 1.00 80,808.00 0.00 1.00 80,808.00 100.00% 0.00 0.00 0.00 649.1 DOCUMENTS) 1 Ls 7061 PARKING LOT SIGNAGE 1 US 1,38800 1,388.00 1.00 1,388.00 0.00 1.00 1,388.00 100.00% 0.00 0.00 0.00 SKEET STATION NUMBERS, TRAP LANE LINES AND NUMBERS. YELLOW (THERMOPLASTIC) (COMPLETE PER CONTRACT 4.440.00 4.440.00 1.00 4,440.00 0.00 1.00 4,440.00 100.00% 0.00 0.00 0.00 711-11.1 DOCUMENTS AND PLAN SHEETS) 1 LS 1.11 88&00 800.00 888.00 0.00 800.00 888.00 100.00% 0.00 0.00 0.00 771-71-777 STRIPING, WHITE W (THERMOPLASTIC) NO LF 1 711-11-125 STRIPING, WHITE 24- (STOP BARS) (THERIVIOPLASTIC) 91 1 1.46 13286 95W 138.70 0.00 95.00 138.70 104.40% 0.00 -4.00 -5.94 711AI-170 PAVEMENT ARROWS (THERMOPLASTIC) 8 EA 11100 888.00 8.00 888.00 0.00 8.00 888.00 100.00% 0.00 0.00 0.00 711-11-211 STRIPING, DOUBLE YELLOW 6- (THERMOPLASTIC) 25 LF 2.24 56.00 30.00 67.20 0.00 30.00 67.20 120.00% 0.00 -5.00 -11.20 71111421 TRWING, BLUE S' (HANDICAP SPACES) (THERMOPLASTIC) w LF 7.58 2118.0,t 166.00 1,258.28 0.00 166.00 1,258.28 436.84% 0.00 -128.00 -970.24 55.00 110.00 4.00 220.00 0.00 4.00 220.00 200.00% 0.00 -2.00 -110.00 -'- '1171 HANDICAP SYMBOL W/ CENTER GORE (THERMOPLASTIC) 2 EA SUBTOTAL SUBTOTAL 1,194,027.81 SUBTOTAL 1,7.05,872.09 SUBTOTAL 4,098.50 SUBTOTAL 1,209,970.59 SUBTOTAL 0.00 SUBTOTAL -15,942.78 (balance) 59.61 1 100,000.00 FORCE ACCOUNT WCD1 CUT DOWN TREES I US 1,276.76 I.278.76 1.00 1,276.76 0.00 1.00 1,276.76 100.00% 0.00 0.00 0.00 WCD2 RESTAKING I US 767,00 767.00 1.00 767.00 0.00 1.00 767.00 100.00% 0.00 0.00 0.00 3 AOdLASPHALTWORK I Ls 42.736.56 42,736.56 1.00 42,736.56 0.00 1.00 42,736.56 100.00% 0.00 0.00 0.00 ---WCD WCD4 YDROSEEOTRAPHOUSE I Ls 3.67600 3,67500 1.00 3,675.00 0.00 1.00 3,675.00 100.00% 0.00 0-00 0.00 WCD5 NEW UNDERGROUND POWER SERVICE I US 19,693.80 19,69380 1.00 19,693.80 0.00 1.00 19,693.80 100.00% 0.00 0.00 0.00 849.60 849.60 1.00 849.60 0.00 1.00 849.60 100.00% 0.00 0.00 0.00 WCD7 ADA RAMP RELOCATION I LS 1 1 WCD8 PAVEMENT MARKINGS I LS 2,322.00 2.322.00 1.00 2,322.00 0.00 1.00 2,322.00 100.00% 0.00 0.00 0.00 WCD 9 HANDRAIL NDRAIL REVISIONS 1 LS 8,01.72 8,001.72 1.00 8,001.72 0.00 1.00 8,001.72 10D.00% 0.00 0.00 0.00 DRAINAGE LS 5,884.68 5.864.68 0.00 0.00 1.00 5,864.68 1.00 5,864.68 100-00% 0.00 0.00 0.00 E1 w--' -t-ASSROOM POWER 7 LS 105 Pay Application to, Skeet Trap Facility l,pmvmeM, • SCHEDULED VALUE IRC PROJECT NO. 12138 PAY APP NO. I PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCETO FINISH Item No.TYti"riff Pric'e'= iink TY._ 7 Alifffy' --Q4 i ty. iv, 6�'WL - 46 Af , , -1. --i72, �� i"�4 - - u WCD13 ITRAP E..N I I -1— - 110,390.49 1-,390.49 0.00 0.00 1.00 10,390.49 1.00 10,390.49 100.00% 0.00 0.00 0.00 SUBTOTAL SUBTOTAL 100,059.61 SUBTOTAL 79,322.44 SUBTOTAL 20,737.17 SUBTOTAL 100,059.61 SUBTOTAL 0.00 SUBTOTAL 0.00 -S9.61 TOTAL TOTAL 1,294,027.81, TOTAL 1,285,194.531 --TOTAL 24,835.671 TOTAL 1,310,030.201 TOTAL O.DOI TOTAL -16,002.39 AMOUNT COMPLETED TO DATE MATERIALS STORED TO DATE SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE RETAINAGE OF WORK COMPLETED AT 5% TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR $1,310,030.20 $0.00 $1,310,030.20 $1,310,030.20 $1,220,934.801 1 $89,095.401 D 3 106 SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: Skeet and Trap Facility Improvements for the Indian River County Public Shooting Range IRC PROJECT NO: 1213B STATE OF FLORIDA COUNTY OF PALM BEACH Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes MATTHEW F. WEST , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the 15th day of December, 2015, enter into a contract for the performance of certain work, more particularly described as follows: Construction of three (3) new combination Skeet and Trap Ranges east of the existing 5 -stand range, including a Storage Building, Hi/low Trap Houses, associated paving and utilities, and mowing (no rill) of a new Sporting Clays Trail west of the existing Sporting Clays Trail. UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name NONVE Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 00632-1 C:\Users\AVega\AppData\Local\Mlcrosoft\Windows\Temporary Internet Files\Content.Outl00k\KHPV2BS1M00632 - Contractor's Final Certification REV 04-07.doc 107 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. NONE 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Corporate Seal) WEST CON -UQ -T-1-0-14. INC. ( o or By. MATTH . EST, VP Subscribed nanrn to before me this C98- day o 20 ilic State of Florida at Large ssion expires: + + END OF SECTION + + AU MY cOMM SS ON # FF 070742 EXPIRES. • December 8, 2017 ,� :�•. ' :,, Bonded Thru Notary Public Underwriters 00632-2 C:1Users\AVega\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\KHPV26SW\00632 - Contractor's Final OQ Certification REV 04-07.doc O SECTION 00942 - Change Order Form DATE OF ISSUANCE: 3/6/2018 No.1 FINAL EFFECTIVE DATE: 3/6/2018 OWNER: Indian River County CONTRACTOR West Construction, Inc. Project: SKEET AND TRAP FACILITY IMPROVEMENTS FOR THE INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE OWNER's Project No. 1213B OWNER'S Bid No. 2016008 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes (Detailed backup for all changes is on file and available in the County Engineering Division) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $1.294.027.81 Net increase of this Change Order: $16.002.39 Contract Price with all approved Change Orders: $1.310.030.20 re) Date: 'Z / 2 /Z I?5 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 150 Final Completion: 180 Net increase this Change Order: (days) Substantial Completion: 289 Final Completion: 289 Contract Time with all approved Change Orders: (days) Substantial Completion: 439 Final Completion: 1469 RECOMMENDED- 71- BJA Aes W, 2N�S ENGINEER (Signature) Date: Z 20 2-61$ APPROVED: By: OWNER (Signature) Date. Change Order No. 1 00942-1 R%Public WorksIENGINEERING DIVISION PROJECTS112138-IRC Shooting Range Skeet 8 Trap Phase 2Wdminlagenda itemsWINAL CHANGE ORDER1Change Ordek(�9 1.doc Rev. 05/01 CHANGE ORDER NO. I - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: IRC -1 213B Shooting Range Trap & Skeet Phase 11 I.R.C. PROJECT M IRC -1213B BID NO. 2016040 Alf o 9"M M IN, U 120-6 Embankment (Borrow )(Com pacted in place) CY 850 16.65 14,152.50 570-1-1 Sod -Bahia Sy 4 000 2.50 10,000.00 711-1-125 Striping,White 24"(Stop Bars) Thermoplastic LF 4 1.46 5.84 711-11-211 1 Striping, Double Yellow 6" (Thermoplastic) LF 5.00 1 2.24 11.20 711-11-421 Striping, Blue 6" (Handicap Spaces) (Thermoplastic) LF 128 7.58 970.24 711-11-460 Handicap Symbol W/Center Gore (Thermoplastic) EA 2.00 55.00 110.00 WCD 1 Cut Down Trees LS 1 1 1,276.76 1,276.76 WCD 2 RE -Staking LS 1 767.00 767.00 WCD 3 Additional Asphalt Work LS 1 42,736.56 42,736.56 WCD 4 Hvdroseed Traphouse, area LS 1 1 3,675.00 3,675.00 WCD 5 New Underground Power Service LS 1 19,693.80 1 19,693.80 WCD 7 ADA Ramp Relocation LS 1 849.60 849.60 WCD, 8 Pavement Markings LS 1 2,322.00 2,322.00 WCD 9 Handrail Revisions LS 1 8.001.72 8,001.72 WCD11 Drainage LS 1 5,864.68 5,864.68 WCD12 Classroom Power LS 1 4,482.00 4,482.00 WCD13 Trap Relocation LS 1 10,390.49 10,390.49 580-1 Tree Barricades EA 9 222.00 1,998.00 580-4-345 New Cabbage Palms EA 23 257.00 5,911.00 580-5-223 Southern Live Oak EA 3 466.00 11398.00 Force Account EA 1 100,000.00 100,000.00 SUBTOTALS� 125,309.39 109,307.00 Skeet & Trap Facility for IRC Shooting Range TOTAL 16,002.39 110 00310- 1 F.Vubli.Woik,AENGINEERINGDMS10NPROJECTSX1213B4RCShooting Range Skeet 8 Trap Phase 2kAdrn[Magenda ftemsT-INAL CHANGE ORDER%Final Change Order INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andy P. Sobczak, Infrastructure Project Manager./ SUBJECT: Release of Retainage and Change Order No. 1 GoLine Bus Turn -Off Project IRC -1715 DATE: February 20, 2018 DESCRIPTION AND CONDITIONS On August 15, 2017, the Board of County Commissioners awarded Bid No. 2017060 to Cathco Inc. in the amount of $137,691.05 for the construction of a GoLine Bus hub along CR 510 located in northern Indian River County. The project includes a paved bus turn-off area, concrete slabs for three GoLine Bus shelters and connections to an existing sidewalk. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $1,119.70 for a final cost of. $136,571.35 and make final contract time,adjustments. Cathco Inc. has completed the project and has been paid $129,742.78 to date, with $6,828.57 held in retainage. Cathco Inc. has submitted Application for Payment No. 3 (Final) in the amount of $6,828.57 for release of retainage. FUNDING Funding is available from Secondary Roads/North County Bus Loop Retainage- Account No. 109- 206000-17012 in the amount of $6,828.78. RECOMMENDATION Staff recommends approval of Change Order No.1 and payment of Application for Payment No. 3 (Final) to Cathco Inc. in the amount of $6,828.78 ATTACHMENTS 1. Application for Payment No. 3 (Final) 2. Change Order No. 1 111 Page 2 Final Payment, Release of Retainage and Change Order No. 1 Goline Bus Turn -Off Project BCC Agenda March 6, 2018 DISTRIBUTION Cathco Inc. APPROVED AGENDA ITEM FOR MARCH 6 2018 F:\Public Works\ENGINEERING DIVISION PROJECTS\1715 Go -Line Bus Turn-Off(90th Avenue)\S-Admin\Agenda Items\Change Order Nol-Project Closeout\IRC-1715 Staff Report -Final Pay, Release of Retainage and CO 1-doc 112 SECTION 00622 - Contractor's Application for Payment GO -LINE BUS TURN-OFF CR 510 (90th AVENUE) Application for Payment No. 3 (Final). . For Work Accomplished through the period of 1/20/2017 through 21712018. To: Indian River County (OWNER) From: Cathco Inc. (CONTRACTOR) Bid No.: 2017060 Project No.: IRC -1715 1) Attach detailed schedule and copies of all paid Invoices. 1. Original Contract Price: $137,691.05 2. Net change by Change Orders and Written Amendments (+ or $0.00 3. Current Contract Price (1 plus 2): $137,691.05 4. Total completed and stored to date: $136,571.35 5. Retainage (per Agreement): 100 % of completed Work: 0 % of retainage: $0.00 Total Retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): $136,571.35 7. Less previous Application for Payments: $129,742.78 8. DUE THIS APPLICATION (6 MINUS 7): 11128.57 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 projector 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; EC(��-'f1Ml� I FEB 13 2018 INDIAN RIVER COUNTY ENGINEERING DIVISION Draw #3 Pay App Final 00622-1 CAUserslOwnetlDocuments\GO LINE C115101DRAWSTraw #3 Pay App Ffnal.doc Rev. 05101 113 Page 2 of 5 2. Updated Construction Schedule per Specification Inj 0, and Dated �' `r� By: (C NTRACTOR — mus a signed by an Officer of the Corporation) Mrfl�t- c,a UV Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER efore me, a Notary Public, duly commissioned, qualified, and acting, personally appeared L 6J , who being by me first duly sworn upon oath, says that he/she is the I& 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 contaiped herein are true, correct, and complete. Subscribed and sworn to before me this _ day of 1--r4 Nh,t— tt-j is personally known to me or has produced as identification. (SEAL) �01►AY P(y�. Mi. G SW *�• Y+•MYCOMMI3 MIQG0=1 Dov F`Q�T E)tWS-' Novomber 112,20 eardee 71w eurlyel NWS, Se+vlcea Please remit payment to: NOTARY PUBLIC: Printed name: r h� Commission No.: Commission Expiration: Contractor's Name: CA66 M( . Address: J� t �o 1-11 1�: 51(P4 vefu &j. rC U10 [The remainder of this page was left blank intentionally] 00622-2 C:Wsers%0wner50ocumer4s100 LINE CR51o1DRAW81Draw#3 Pay App Final.doo Rev. 0.5101 Draw #3 Pay App Final 114 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR ❑ SURETY ❑ i AIA DOCUMENT G707 OTR PROJECT: County Project Number: IRC -1715, Bid Number: 2017060, Project Name: Go -Line Bus Turn -Off CR 510 (name, address) (90th Avenue), 9300 Block of CR 510, Sebastian, Florida 32958 TO (Owner): [ Indian River County CONTRACTOR: [ Cathco, Inc. ARCHITECT'S PROJECT NO: CONTRACT FOR: Construction BOND NO: 482079P CONTRACT DATE: 8/15/2017 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Developers Surety and Indemnity Company P.O. Box 19725 Irvine, CA 92623 on bond of (here insert name and address of Contractor) , SURETY COMPANY, Cathco, Inc. 5550 41st Street Vero Beach, FL 32967 ,CONTRACTOR, hereby approves of the final payment to the Contractors, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) Indian River County 1800 27th Street Vero Beach, FL 32960 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 12th Attest: (j2a (Seal): ,OWNER, day of February 2018 Developers Surety and Indemnity Company Surety Company r. +• f t Signature of Authorized Representative, Christine Morton Attorney -in -Fact Tide Inquiries:' (407),8344022 NOTE: This form is to be used as a companion document to AIA DOCUMENT 0706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT - APRIL 1970 EDITION • AIAO ONB PAGE 0 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 Now York Ave„ NW, WASHINGTON, D.C. 20006 115 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA P011" 19725.I11M CA92823 (949) 2833300 KNOW ALL BY THESE PRESENTS that except as oxpmdy limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each hereby make, constitute and appoint, "'Bryoe Richardson Guignard, April Lenoria Lively, Jennifer Hindley, Christine Morton, Eileen C. Heard, jointly or severally'*" as their to and lawkd Atomey(s}hrFac, to make, execute, deliver and acknowledge, for and on behalf otesid corporations, as surstes, bonds, undertakings and contracts of surety$*gkring and gmnthhg unto sefdAOomey(s}in-Footfull power and authority to do and to perform every act necessary, requisite orproper to be done In connection grsrown as each of sold oorporalkars could do, but reserving to each of said corporations fug power of substitution end revocation, and et of the ecta oreddAttomey(s)-in-Fad, pureuent to these presents, are hereby ratified and con6rtned. This Power of Anomey is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, ofiactive as of January 1st, 2111)8, RESOLVED, Iota combination of any two of 0vs Charman of the Board, the President, Executive Vice•Prasident, Senior Vice-Presidentor any Vim President of the corporations be. sod @het each of them hereby is, authorized to execute this Power ofATomay, qualifying the attomey(s) named In the Power ofAtlomey to execute, on behalf of the corporations, bonds, undertabnge and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of Them hereby is, authorized to allad the execution of any such Power of Attorney, RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate retaiing thereto by facahage, and any such Power ofAtomey or cedTicate bearing such faoslmge olgnatures shoo be vaiM end bind'mg upon the corporations when to a red and In the future with respect to any bond, undertaking or contract of suretyship to which It Is awed IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA boo severally caused these presents to be signed by thele respective otficere and attested by their rasps" Secretary or Assistant Secretary oris 0 day of February, 2017: SirJ/ l L�� `aNNAffb t+• rn Daniel Young, Senior Vke-President f.,o no 936 # '1 OIC T16 r� (4 lark-Lansdon,Yrce-President , ve�"y „� F+ at00 A notary public or other after completing this cortilicale verifies only the Identity of the Individual who signed the document to which this conl8cato is aftac ied,.and not the Wthrolness, accurac , or vdlld1t;y of that document. State of Callfomis Counly of Orange On FebruaryC24/7 theraoma — W ylst;a s i.No�at PubCa �G Mae lnudKne, T6edfapON* personally appeared enlilYouhaond Made Lamdon ltans(go[9ipha(e �LNES Commission FYM notary Pubfto -f ornfa Oran" Counter . t:d e= 0gt 13 t8 Place Notary SeolAbove ' who proved to me on the baeie of satisfactoryovtdence lobe the pereon(a) wlweo name(s) telare subscribed to the w0hin insWment and acknowledged to me that helshalthey executed the asme in hisibe their authorized capaoiry(les), and that by htaihorMeir sfgnoturo(s) on the Instrument the petson(s), or the oatoy upon behalf of which the ponon(s) acted executed the instrument I os fy undarPENALTY OF PERJURY under The laws of the Stale of California that the foregoing paragraph le hue and correct. WITNESS my hand and official seal. Signature 40 JA 'Lodi , Notary public CERTiPtCATE The undoreIgned as Secretary orAssistant Secaetaryof DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby cortfy that the foregoing Power ofAtomey remafna In fell boo and has rut been revoked and, furthermore, that the provislons of the resohdions of the respective Boards of Directors of said corporations set forth In the PowerofATomey are to force as of the date of No CoOlfcsW .. •tiRN�u,iiry This Corliocale 1s executed in the CTy of Irvine, California, this 12th day of February . 2018. .•" '1 me t}4ANY p� a44POA� to •_t� t $ By. R 1936 fl OCT. 6° o 9' . uta or �, nt S 3 � � t99f So ry syra ;�•Jy fivcrr'oq�r ATS•1002(02ti7) +y+ini qua••` * . 116 Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial- Payment; artialPayment; 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 G ATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated Z_9 SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] 00622-4 CAUsers1OwneADocvmenls1GO LINE CR511ADRAWS1Drswk3 Pay App Finat.doc Rev. OM)i Draw #3 Pay App Final 117 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 CAUsers%Owner%DocumenIsXGO LINE CR$101DRAW51Drew#3 Pay App Flnal.doc Rev. 05!01 Draw #3 Pay App Final 118 GO -LINE BUS TURN-OFF CR510 PROJECT NO. IRC -1715 PAY APP NO.3 eocs!on!awam al• SCMEDULEDVALUE PREVIOUS APPLICATION THIS PERIOD TOTALCOMPLETED % MATERIALS BALANCETORNISH _,", p",':.. . � ... ., sl.. � � ... ^.. ,. � _.. ,-�.,.%� 3 .. '3' �Sl(:y. '3381 Item No. ,.._ ....� �� !. ^' ;�h '.T�� . t...., rr � � I[;. , , ,'.: -?Y: ft '�%iZCI :� tI" ' ,'.I'ii-^ - .�tf10 ice`,!' - ?i7� 1 ..�11' %I �`_. w .. .-�;';:, STORED .. -..-. .. , . ._..::. .,. # ... 1 LS 11,816.00 11,816.00 LOD 11,815.00 0.00 LOD 11,816.00 100.00% 0.00 0.00 0.00 101-1 MOBILIZATION 1 LS 9,941.00 9,94L00 L00 9,94L00 0.00 LOO 9,94L00 100.00% 0.00 0.00 0.00 102-1 MAINTENANCE OF TRAFFIC 430 LF 4AII 1,896.30 470.00 2,072.70 0.00 470.00 2,072.70 109.30% 0.00 -40.00 -176.40 104103 SEDIMENT BARRIER (TYPE 111) 1 LS 2,708.00 2,708.00 L00 2,708.00 0.00 LOO 2,708.00 00. 100% 0.00 0.00 0.00 110-1-1 CLEARING &GRUBBING 114 SY 8.64 984.96 114.00 984.96 0.00 114.00 984.96 100.00% MOD 0.00 0.00 1104-10 REMOVAL OF EXISTING CONCRETE 500 CY 14.00 7,000.00 500.00 7,000.00 MOD 500.00 00 7,0.00 100.00% MOD 0.00 0.00 120-1 REGULAR EXCAVATION 100 CY 21.00 2,100.00 100.00 2,100.00 0.00 100.00 2,100.00 100.00% 0.00 0.00 0.00 12o-6 EMBANKMENT (COMPACTED IN PLACE) TYPE B STABILIZATION, (12" THICK) (LBR 1,032 SY 12.50 12,900.00 1,032.00 12,900.00 0.00 1,032.00 12,900.00 100.00% 0.00 0.00 0.00 16033 40) OPTIONAL BASE, BASE GROUP 09 (10" 965 SY 16.00 15,440.00 965.00 15,440.00 0.00 965.00 15,440.00 100.00% 0.00 0.00 0.00 285-709 LIMEROCK) (LBR 100) SUPERPAVE ASPHALTIC CONC, TRAFFIC 965 SY 25.60 24,704.00 965.00 24,704.00 0.00 965.00 24,704.00 100.00% 0.00 0.00 0.00 3341-13 C (SP 12.5, WTHICK) 1 EA 150.00 150.00 LOO 150.00 0.00 1.00 150.00 100.00% 0.00 0.00 MOD 425-6 VALVE BOXES, ADJUST PIPE CULVERT, OTHER-FLIP/ARCH, 15" 64 LF 52.15 3,337.60 64.00 3,337.60 0.00 64.00 3,337.60 100.00% 0.00 0.00 0.00 430-175-215 1 SIM (12'M 8" RCP) MITERED END SECTION, OPTIONAL- 2 EA 645.00 1,290.00 2.00 1,290.00 0.00 2.00 1,290.00 100.00% 0.00 0.00 0.00 430-982-623 ELLIPTICAVARCH, 15" CD CONCRETE CURB & GUTTER, (DROP 300 LF 17,60 5,280.00 300.00 5,280-00 0.00 300.00 5,280.00 100.00% 0.00 0.00 0.00 520.1-10 CURB) CONCRETE SIDEWALK AND DRIVEWAYS, 128 SY 44.05 5,638.40 132.00 5,814.60 0.00 132.00 5,814.60 103.13% 0.00 -4.00 -176.20 522.2 6" THICK (W! FIBER) BUS SHELTER PAD -CONCRETE (8" THICK 35 SY 64.75 2,266.25 5L00 3,949.75 0.00 6L00 3,949.75 174.29% 0.00 -26.00 -1,683.50 5224 WI #5 REBAR) 30 SF 37.20 1,116.00 36.00 1,339.20 0.00 36.00 1,339.20 120.00% MOD -6.00 -223.20 527-2 DETECTABLE WARNINGS 1,217 SY 2.95 3,590.15 11217.00 3,590.15 0.00 1,217.00 3,590.15 100.00% 0.00 0.00 0.00 570.1-2 PERFORMANCE TURF, SOD SINGLE POST SIGN, F&I, GROUND MOUNT, 9 AS 259.00 2,331.00 6.00 1,554.00 MOD 6.00 1,554.00 66.67% 0.00 3.00 777.00 700-1-11 UP TO 12 SF RETRO -REFLECTIVE PAVEMENT 38 EA 4.64 176.32 38.00 176.32 0.00 38.00 176.32 100.00°,6 0.00 0.00 0.00 7063 MARKERS THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE AND 38 LF 5.12 194.56 38,00 194.56 0.00 38.00 194.56 100.00% 0.00 0.00 0.00 11-11-125 CROSSWALK THERMOPLASTIC, STANDARD, WHITE, 2 EA 163.00 326.00 2.00 326.00 0.00 2.00 326.00 100.00% 0.00 0.00 0.00 711-11-160 MESSAGE OR SYMBOL THERMOPLASTIC, STANDARD, WHITE, 7 EA 90.30 632.30 7.00 632.10 0.00 7.00 63210 100.00% 0.00 0.00 0.00 711-11-170 ARROW eocs!on!awam al• FORCEAOMUNr I (Balance) / TOTAL I TOTAL 137,691.051 TOTAL 136,57IA5I TOTAL 0.001 TOTAL AMOUNT COMPLETED TO DATE . MATERIALS STORED TO DATE SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE RETAINAGE OF WORK COMPLETED AT 0% TOTALCOMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR 2 GO -LINE BUS TURN-OFF CR510 PAY APP NO. 3 PROJECT NO. IRC4718 saimuLED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCETO FINISH Item No. J4, THERMOPLASTIC, STANDARD, YELLOW, 84 LF 3.44 288.96 84.00 288,96 0.00 84.00 288.96 100.00% 0.00 0.00 0.00 711-11-224 SOLID, 18!' FOR DIAGONAL OR CHEVRON THERMOPLASTIC, STANDARD, YELLOW, 2- 4 DOTTED GUIDE LINE 16-10 DOTTED 787 LF 0.40 314.80 787.00 314.80 0.00 787.00 314.80 100.00% 0.013 0.00 0.00 711-11-241 EXTENSION LINE, 61 THERMOPLASTIC, STANDARD, YELLOW, 1,445 LF 0.97 1,4OL65 1,445.00 3,401-65 0.00 1,445.00 1,401.65 100.00% 0.00 0.00 0.00 711-16-201 SOLID, 6" THERMOPLASTIC, REMOVE EXISTING 548 SF 4.00 2,192.00 548.00 2,197-00 0.00 548.00 2,192.00 100.00% 0.00 0.00 0.00 711-17 THERMOPLASTIC PAVEMENT MARKINGS AS -BUILT DRAWING (BY REGISTERED I LS 2,675.00 2,675.00 Loo 2,675.00 0.00 LOO 2,675.00 100.00% 0.00 0.00 0.00 999-1 SURVEYOR) I LS 8,508.00 3,508.00 LOO 8,508.00 0.00 Loo 8,508.00 100.00% 0.00 0.00 0.00 wcDi Inst" Geo -Fabric I 1 LS 3.890.00 3,890.00 1.00 3,890.00 0.00 LOO 3,890.00 100.00% 0.00 0.00 0.00 WCD-2 Install Flumes SUBTOTAL SUBTOTAL 135,089.135 SUBTOTAL 136,571-35 SUBTOTAL 0.00 SUBTOTAL 136,57L35 SUBTOTAL 0.00 SUBTOTAL -1,482.30 FORCEAOMUNr I (Balance) / TOTAL I TOTAL 137,691.051 TOTAL 136,57IA5I TOTAL 0.001 TOTAL AMOUNT COMPLETED TO DATE . MATERIALS STORED TO DATE SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE RETAINAGE OF WORK COMPLETED AT 0% TOTALCOMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR 2 SECTION 00942 - Change Order Form No. 1(FINAL) DATE OF ISSUANCE: 3/6/18 EFFECTIVE DATE: 3/6/18 OWNER: Indian River County CONTRACTOR Cathco, Inc. Project: GO -LINE BUS TURN-OFF OWNER's Project No. IRC -1715 OWNER'S Bid No. 2017060 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 $137.691.05 Net (decrease) of this Change Order: $t1119,70-1 Contract Price with all approved Change Orders: $136,571.35 Net increase this Change Order: (days or dates) CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 60 Final Completion: 90 Net increase this Change Order: (days or dates) .Substantial Completion: 8 Final Completion: 8 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 68 Final Com et on: 98 RECOMMENDED: By: ENGINVR (Sign are) Date: Z�l2O�v APPROVED: By: OWNER (Signature) Date: IRC -1715 Change Order Form 00942 00942-1 FAPublic \Vorks\ENGINEERING DIVISION PROJECTS\1715 Cro-Line➢us Tum -Off (90th Avenue)\1-Admin\Agenda ItemslChange Order No. 1 - Project CloseoutURC-1715 Change oQ 1 Form 00942.doc. CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: GOLINE BUS TURN-OFF I.R.C. PROJECT NO. 1715 BID NO. 2017060 122 00310-1 C:lUserslWiliamslAppOatalLocallMiarosoftlwindows%Temperary Internet FileslConlenl.OutlooklDA3K800-AIRC-1715 Final Change Order �___�, _ .nif�Quaoti v:. 0L�«rice ��F,cicesinc�ease=:�_�t`ce��.ec_rea`se�, WCD 1 Installation of Geos nthetic Reinforced Soil Fabric LS 1 8,508.00 8,508.00 WCD 2 Construct Two 2 Concrete Flumes LS 1 3,890.00 3,890.00 104-10-3 Sediment Barrier (Type III LF 40 4.41 176.40 522-2 Concrete 6" with Fiber SY 4 44.05 176.20 522-4 Concrete 8" with Fiber SY 26 64.75 1,683.50 527-2 Detectable Warnings SF 6 37.20 223.20 700-1-11 Single Post Sin AS 3 259.00 777.00 Force Account LS 1 15 000.00 15 000.00 SUBTOTALS I 1 1 14,657.30 15,777.00 PROJECT NAME: GOLINE BUS TURN-OFF TOTAL $ (1,119.70) 122 00310-1 C:lUserslWiliamslAppOatalLocallMiarosoftlwindows%Temperary Internet FileslConlenl.OutlooklDA3K800-AIRC-1715 Final Change Order INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., County Engineer FROM: William Johnson, P.E., Roadway Production Engineer SUBJECT: Indian River Boulevard Sidewalk from 37th Street to 53rd Street (IRC -1415) Award of Bid No. 2018026 and FDOT Local Agency Program (LAP) Supplemental Agreement No. 1 and Resolution Authorizing the Chairman's Signature for FM No. 436860-1-58-01 DATE: January 26, 2018 DESCRIPTION AND CONDITIONS On October 24, 2017, the Board of County Commissioners approved a Local Agency Program (LAP) Agreement FM No. 436860-1-58-01 with the Florida Department of Transportation (FDOT) for the construction of a 5 -foot wide concrete sidewalk along the west side of Indian River Boulevard from 37th Street to 53rd Street to provide up to $416,720.00 reimbursement for eligible construction costs. The project also includes pedestrian signals at Indian River Boulevard/ 37th Street intersection, Indian River Boulevard/ 411t Street intersection, and Indian River Boulevard/ 45th Street intersection; associated drainage improvements; earthwork, maintenance oftraffic, erosion control and miscellaneous pavement markings. Since that time, the FDOT has increased the grant amount from $416,720.00 to $478,836.00. The FDOT has requested that Indian River County execute and deliver to the FDOT the attached LAP Supplemental Agreement No. 1 to increase the original grant amount of $416,720.00 by $62,116.00 for construction costs to $478,836.00, as well as a Resolution authorizing the Board of County Commissioners to execute FDOT LAP Supplemental Agreement No. 1. A bid opening for the project was held on January, 24, 2018. Two (2) qualified bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follow: Timothy Rose Contracting, Inc Vero Beach, Florida $540,135.57* Lynch Paving and Construction Co. Okeechobee, Florida $561,412.53 *Denotes mathematical errors were found and bid amount corrected. Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $540,135.57. Timothy Rose Contracting, Inc. has completed numerous construction projects for the County and has consistently performed work in a satisfactory manner. Timothy Rose Contracting, Inc. bid was above the Engineer's estimate of $475,969.50. 123 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780D47ED\@BCL@780D47ED.doc 5A, Page 2 Indian River Boulevard Sidewalk from 37th Street to 53`d Street Award of Bid No. 2018026 and FDOT Local Agency Program (LAP) Supplemental Agreement No and Resolution Authorizing the Chairman's Signature for FM No. 436860-1-58-01 For March 6, 2018 BCC Meeting FUNDING Funding of $540,135.57 is budgeted and available from Optional Sales Tax/Indian River Boulevard (37th St -53 d St)/Account No. 31521441-066510-16025. Pursuant to above Amendment No. 1, the FDOT LAP agreement will reimburse the County 100% of the total cost of the project up to $478,836.00. The County will be responsible for the remaining $61,399.57 of construction costs. RECOMMENDATION Staff recommends approval of FDOT LAP Supplemental Agreement No. 1(FM No. 436860-1-58-01) and recommends adopting the Resolution and authorizing the Chairman to sign FDOT LAP Supplemental Agreement No. 1. Staff further recommends the project be awarded to Timothy Rose Contracting, Inc. in the amount of $540,135.57 and requeststhe Board of County Commissioners approve the attached sampleagreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS 1. IRC Grant Form 2. Authorizing Resolution 3. FDOT LAP Supplemental Agreement No 4. Sample Agreement DISTRIBUTION Timothy Rose Contracting, Inc. Lynch Paving and Construction Co. AGENDA ITEM FOR MARCH 6, 2018 124 C:\Users\legista \AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780D47ED\@BCL@780D47ED.doc GRANT NAME: FDOT LAP Indian River Blvd ((37ffi St — 53rd St) Sidewalk GRANT # 436860-1-58-01 AMOUNT OF GRANT: Original $416,720.00 PLUS this SUPPLEMENTAL AGREEMENT NO 1 $62,116.00 — TOTAL $478,836.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: James W. Ennis, P.E.. PMP; County Engineer TELEPHONE: (772) 226-1221 1. How long is the grant for? Until December 31, 2019 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 11.3489936% 5. Grant match amount required $61,799 57 Starting Date: Letting Date prior to 3/12/18 Yes X No _X—Yes No Yes X No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? 125 Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ t n9,256 nn Grant Amount Other Match Costs Not Covered Match Total First Year $ 478,836.00 $ 50,006.00 GE% $ 61,299.57 $ 540 136.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: _ Date: Z%Z -/Z,01 B 125 RESOLUTION NO. 2018 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT NO. 1 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF A 5 - FOOT WIDE CONCRETE SIDEWALK, PEDESTRIAN SIGNALS AND DRAINAGE IMPROVEMENTS ALONG THE WEST SIDE OF INDIAN RIVER BOULEVARD FROM 37TH STREET TO 53RD STREET. WHEREAS, the construction of a sidewalk, pedestrian signals and drainage improvements along the west side of Indian River Boulevard from 37th Street to 53`d Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for construction of sidewalks, pedestrian signals and drainage improvements along the west side of Indian River Boulevard from 37th Street to 53`d Street under the Local Agency Program (LAP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, Local Agency Program Supplemental Agreement No. 1 increasing the amount of the grant from $416,720.00 to $478,836.00; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Local Agency Program Supplemental Agreement No. 1 for the aforementioned project. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Susan Adams Commissioner Tim Zorc who moved its and, upon being put to a vote, The Chairman thereupon declared the resolution passed and adopted this day of , 2018. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William D. DeBraal, Deputy County Attorney Peter D. O'Bryan, Chairman 126 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL. AGENCY PROGRAM 525-00-32 SUPPLEMENTAL AGREEMENT PROORAMMANAGE0MI Page 1 of 3 SUPPLEMENTAL NO. FEDERAL ID NO. (FAIN) One 8885-830-A CONTRACT NO. GOS17 FEDERAL AWARD DATE 11115/2017 LOCAL AGENCY DUNS NO. 079208989 The Florida Department of Transportation and Indian River County desires to supplement the original Agreement entered into and executed on December 5 2017 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name Indian River Blvd. Length 2.471 Termini From 370h St. to 531d St. Description of Work: Sidewalk Improvements on Indian River Blvd. from 373' St. to 53rd St. Reason for Supplement and supporting engineering and/or cost analysis: This Supplemental Agreement Increases amount under FM#436860-1-58-01 by $62,116.00 and Increases LF amount under FM#436860-1-58-01 by $2,050.00 Revised IAP Agreement amount Is $478,836.00. Refer to Exhibit "B" attached hereto and made apart hereof which replaces Exhibit "B" attached to the Original Agreement. F 127 FPN 436860-1-58-01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM 625-M-32 SUPPLEMENTAL AGREEMENT PROGRAM MANAGEMENT onn ADJUSTED EXHIBIT B SCHEDULE OF FUNDING Page $ of 2 TYPE OF WORK By Fiscal Year FUNDING PREVIOUS TOTAL PROJECT FUNDS ADDITIONAL PROJECT FUNDS CURRENTTOTAL PROJECT FUNDS TOTALAGENCY FUNDS TOTAL`S ATE& FEDERAL FUNDS Planning FY: FY: FY: FY: FY: FY: Total Plannin Cost $0.00 0.00 $0.00 0.00 0.00 Project Development & Environment (PD&E) FY: FY: FY: FY: FY: FY: Total PD&E Cost $0.00 S0.00 SO.00 30.00 $0.00 Design FY: FY: _ FY: FY: FY: FY: Total Design Cost -- $0.00 $0.00 50.00 0.00 $0.00 Right of -Way FY: FY., FY: FY: FY: FY: Total Right -of -Way Cost $0.00 0.00 50.00 SO.00 40.00 Construction FY: 2018 FY: 2018 FY: 2018 FY: FY: FY: Total Construction Cost $475,970.00 _ $476.970.00 59.250.00 $416 720.00 $62.116.00 62116.00 _ S62.116.00 _ $2.050.00 $2.050.00 S475970.00 62116.00540136.00 61 300.00 $478,836.00 Construction Engineering and Inspection (CEI) FY: 2018 FY: FY: FY: FY: FY: Total CEI Cost Total Construction & CEI Costs $50.006.00 $50.006.00 $50,006.00 §50,006.00 $0.00 $50.006.00 S0.00 S47R 836.00 $525,976.00 562J16.00 $590142.00 _ ---$50-.0 S111 306,00 TOTAL COST OF THE PROJECT $525,976.00 $62,116.00 1590,142.00 $111,306.00 $478,836.00 128 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT IN WITNESS WHEREOF, the Parties have executed this Agreement on the date last ascribed'herein. AGENCY Indian River County By: Name: Peter D. O'Bryan Title: Chairman Date ATTEST: Jeffrey R. Smith, Clerk of Court & Comptroller By: , Deputy Clerk APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW 526411042 PROGRAM MANAGEMENT 07117 Page a of 3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By. Name: Mark Plass, P.E. Title: Acting Director of Transportation Development Date: Legal Review: Printed Name: William K. DeBraal, Deputy County Attorney 129 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Paae ARTICLE1- WORK.................................................................................................................................2 ARTICLE 2 - THE PROJECT `r'l":1 ARTICLE 3 - ENGINEER...................................................................:'-: =_« ..............................2 ARTICLE 4 - CONTRACT TIMES ...................................... ,, .................... 't ..... ':..............2 ARTICLE 5 -CONTRACT PRICE...................::..............::...:...........:.::..................:................................3 ARTICLE 6 -PAYMENT PROCEDURES; :. .........................................................................3 _ S,x ARTICLE 7 - INDEMNIFICATION .............. .........: ....... ....... 5 -Sa - ARTICLE 8 CONTRACTOR ` .... S<'REPRESENTATIONS'...................................................................... 5 ARTICLE 9 - CONTRACT>D:OCUMENTS............................................................................................. ARTICLE 10 -MISCELLANEOUS ...: .............I ..................... I........................................................... 8 00520-1 133 Sample Agreem 10 FAPublic WorksIENGINEERING DIVISION PROJECTS11415-IR Blvd Sidewalk -37th St to 53rd SM-Admin\agenda itemsVlward of BidlSample Agreement.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work Documents. The Work is generally described The project will consist of cc the west side of Indian River Boulevard 432' on 5370' Street that will join an e construct pedestrian signals at Indian River Boulevard/41St Street inter##0 sz; intersection; construct drainage.., construction, maintenance of trafific{. markings as needed. This,.:is an F.D.OT No. 436860-1-58-01. ARTICLE 2 - THE PROJECT 2.01 The Projectfor-tihich the Workunder tl part is generally des`aribed as follows: 'Project Name ;:INDIAN RIVER BOI ., County_ Project"Number: IRC -1415 FI1�f_Number 43686.0-1-58-01 BidNumber 2018026 Project AddrEW Indian River Bot hereinafter set forth, or utitlicated in the Contract along et W53ld Street and approximately ilk to fire, west::;- The project will ard/3T" `Sref ,'intersection, Indian Tian Rive"oulevard/4P Street as needed; perform earthwork rot and miscellaneous pavement Mogram (LAP) funded project FM Documents may be the whole or only a of 531d Street, Vero Beach, Florida 32960 & 32967 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence 00520-2 1 Sample Agreed i (:\Public Works\ENGINEERING DIVISION PROJECTS11415-IR Blvd Sidewalk_371h St to 53rd Shl-AdmHagenda itemslAward of BiMample Agreement.doc A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 150th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 180th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that ti that OWNER will suffer financial loss if the specified in paragraph 4.02 above, plus any=ex ., Article 12 of the General Conditions. Ligi`date` work. The parties also recognize the delays, e a legal proceeding the actual loss sufFeied b time. Accordingly, instead of t.# uiring agree that as liquidated damages"for;,,delay" pay OWNER $1,584.00 for eac6�:frcalertdar paragraph 4.02 for Substantial Completiot un Substantial Completionf_rCONTRACTOR-rfsr remaining Work wi#lnr;fteContract-<Tame o. OWNER, CONTRACTOR<<s{ all'pay,.0W7li R after the time.specified iWparagrapf 4, A2,:ffor , until the 1Nork-.s:completed and; ready fior_fnal 5.01 :;'OWNER shall Contract Docu A. For all Work, at B. THE of the esseftc of this Agreement and W tk.0 is not completed witf ih;`,4he times tension ,hereof allowe"din_ cordance with d`d6,mages , ill commence for this portion of (pense, an"fficulties ravolved in proving in I OWNER if thert W&k'is not completed on sucm- proof. OWNER and CONTRACTOR buf °not as a penalty), CONTRACTOR shall day; °that expires after the time specified in til tltio`1Nork is substantially complete. After hall ne'gleet, refuse, or fail to complete the r;any proper extension thereof granted by '1=584.00 for each calendar day that expires completion and readiness for final payment payment. )NTRACTOR for completion of the Work in accordance with the an amount in current funds equal to the sum of the amounts ,paragraph 5.01.A and summarized in paragraph 5.01.B, below: stated in CONTRACTOR's Bid, attached hereto as an exhibit. subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments 00520-3 Sample Agreemrh FAPublic WorkMENGINEERING DIVISION PROJECTS11415-I11 Blvd Sidewalk 37th St to 53rd SN1-Admin%agenda itemslAward of BidlSample Agreement.doc A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 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 (5,0 0 ?completion of the work is attained as certified to OWNER by ENGINEER in= -writing, OWNER shall retain five percent (5%) of the payment amount dueto CONTRACTOR until final completion and acceptance of all work to be performed; by,,U-Q NTRACTOR under the Contract Documents. Pursuant to Florida Statute=se<tion 218.735(8)(b), fifty percent (50%) completion means the point at which the=G gnty as OWNER has expended fifty percent (50%) of the totaF- st of the constru.ctionaervices work ..ter. purchased under the Contract D.,ocuments, tagether with all co'stsassociated with existing change orders and ot#er°`additions ors=:modifications toFtle construction services work provided underfil`e Contract ;Documents. y< 6.03 Pay Requests. A. Each request for a progressfpayment shblk be submitted on the application for payment form supplied by'QWNE.R,and th`exapplication for payment shall contain the CONTRACTO..R'S certification`'>All,.progre;�s payments will be on the basis of progress of `th`e:work;,measuEed by theschedule of values established, or in the case of unit prlce work,;bash- on the number of units completed. After fifty percent (50%) '``completorifsand pursuant to Florida Statutes section 2187.35;(8)(d), the CONTRACTOR�,may submit a pay request to the County as OVNNLR'foiu,p to one"ll#.(1/2) of the retainage held by the County as OWNER, and theCourjty as:_OWNRfshall promptly make payment to the CONTRACTOR unless "Such amounts; are the subject of a good faith dispute; the subject of a r:<:.. claim pursuantrfo°'Flor'idW'.§tatutes section 255.05(2005); or otherwise the subject of a clainil". -demand by the County as OWNER or the CONTRACTOR. The .CONTRACTOR acknowledges that where such retainage is attributable to the .label; sb-Nices rbr materials supplied by one or more subcontractors or suppliers, the Cortractot='?`shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218,735 (8)((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. 6.04 Paragraphs 6.02 and 6.03 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. 00520-4 Sample Agree "3 RIPublic WorWENGINEERING DIVISION PROJECTS\1415-IR Blvd Sidewalk 37th St to 53rd SM-Admin\agenda Items\Award of Bid\Sample Agreement.doc 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, aria paragraph 6.20 (Indemnification) of the General; Conditions to ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter following representations: A. CONTRACTOR has examin( other related data identified in B. CONTRACTOR has visited the general, local, and;Ste-_.conditioi Work.`< C. CONTRACTOR is affect the accordance with ction Contract. akes the Documents and the iar with and is satisfied as to the progress, and performance of the as to all federal, state, and local Laws and performance of the Work. D. CONTRACTOR;,. h6s5 f-eOr, ully Studiad all: (1) reports of explorations and tests of suAsurface conditions at'o`r contiguous to the Site and all drawings of physical conditions -' m"or relating to "-existing `"surface? or subsurface structures at or contiguous to the Site (except Undergron'd`' Facilities] which have been identified in the Supplementary C;onditionss-provided= in paragraph 4.02 of the General Conditions and (2) reports and l." s-,,, draviih0s�- F Hazar`daus Environmental Condition, if any, at the Site which have been _«:z, identified in the 'Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. 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 F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the 00520-5 Sample Agreer"4 I'APublic Works\ENGINEERING DIVISION PROJECTS\1415-IR Blvd Sidewalk -37th Sl to 53rd SM-AdmMagenda itemsWward of BidlSemple Agreement.doc Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in. the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all .conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in th' contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate acid convey understanding of 411-":.; all terms and conditions for performance and furnishing of the 1Nor;_ ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents 1. This Agreement (pages 00520;1't lusive); 2. Notice to 3. Public Constructiorf$ondl(oages 006:10-1 t"0610-3, inclusive); 4. 5. Contract&,.' Apolidation. for Payment (pages 00622-1 to 00622-6, inclusive); Certificate of"--$;ubsfani'ial Completion (pages 00630-1 to 00630-2, inclusive); of Work (pages 00632-1 to 00632-2, inclusive); 8. Professional',%rveyor and Mapper's Certification as to Elevations and Locations of, Work (page 00634-1); s 9. General Gintlitions (pages 00700-1 to 00700-45, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-11; inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Specifications); 12. Drawings consisting of a cover sheet and sheets numbered 1 through 52, inclusive, with each sheet bearing the following general title: INDIAN RIVER BOULEVARD SIDEWALK FROM 37"' STREET TO 53rd STREET; 13. Addenda (numbers to , inclusive); Sample Agreennt 00520-6 FAPubllc Works\ENGINEERING DIVISION PROJECTS%1415-IR Blvd Sidewalk 37th St to 53rd St\1-AdmiMagenda ilems\Award of Bid\Sample Agreement.doc 14. Appendices to this Agreement (enumerated as follows); Appendix A — Title VI/Nondiscrimination Policy Statement Appendix B — Indian River County Fertilizer Ordinances Appendix C — Federal Required Contract Provisions Appendix D — FHWA 1273 Appendix E — Permits Appendix F — Indian River County Traffic Engineering Division, Special Conditions for Right -of -Way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, 16. Bid Bond (pages 00430-1); 17. Sworn Statement Under Section 105.08, Indian River 'Gbu_nty.Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench'Safety Act (pages;=00454� 00454-2, inclusive); s-# 19. Qualifications Questionnaire 20. List of Subcontractors 21. The following which may beclelivered or issued on or after the Effective Date of the Agreement and are not attached: hereto: a) Written Amendmen#s;.,; b) Work.,Change Direc%des; c) Cha ngedrd, ,,(,( "DBE Bid Package Irfirixtatio Non -Collusion Affidavit (page 00474-1 to 25. Certifice Primary 00470-1 to 00470-9, inclusive); of Lobbying Activities on Federal -Aid Contracts (pages re); Jing Debarment, Suspension, Ineligibility and Voluntary Exclusion — Transactions (page 00476-1); 26. Certification of Non Segregation & Non Discrimination (pages 00490-1 to 00490-2, inclusive); 27. Buy America Certificate of Compliance (page 00492-1); 28. Drug Free Workplace Certification (page 00494-1); 29. LAP Certification Capacity/Status of Contracts on Hand (pages 00496-1 to 00496-2, inclusive); Sample Agreenn 00520-7 1 J UU FAPublic WorksIENGINEERING DIVISION PROJECTS11415•IR Blvd Sidewalk -37th St to 53rd Sill-Admin\agenda itemsWward of BASample Agreement.doc 30. Certification of Sublet Work (pages 00500-1 to 00500-2, inclusive); 31. USDOL Wage Determination — FL170213; ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under Qr�anterests in the Contract will be binding on another party hereto without the written c8&rt of thp_}party sought to be bound; and, specifically but without limitation, moneys that"' mg. beg ine due and moneys that are due may not be assigned without such consent (eXcepto the extent that the effect of this restriction may be limited by laws;=;,and unless "`specifically stated to the contrary in any written consent to an assignment; `nozsassignment vvdlCelease-" -discharge the assignor from any duty or responsibility i)t�der the```ontract Documents,:=``;:'"'' 10.03 Successors and Assigns A. OWNER and CONTRACTOR:.:; legal representatives to the othE representatives in respect to all Contract Documents. 10.04 Severability A. Any provison,.or part of any Law or;Ftegulation continue to b`e,,valid,:=,anc �: Contract Documents sK valid an In of the 10.05 partners;�-9.. essors, assigns, and vers, successors, assigns, and legal its, and obligations contained in the )oeuments held to be void or unenforceable under ed;s,stricken, and all remaining provisions shall OWNER and CONTRACTOR, who agree that the I to replace such stricken provision or part thereof that comes as close as possible to expressing the A. This Contract shall�fie governed by the laws of the State of Florida. Venue for any lawsuit brought by eitherparty against the other party or otherwise arising out of this Contract shall be in -Indians hiver County, Florida, or, in the event of a federal jurisdiction, in the United StatessDistrict Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. 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. 00520-8 Sample AgreenM7 FAIRublie Works\ENGINEERING DIVISION PROJECTS\1415-IR Blvd Sidewalk 37th St to 53rd SM-Admin\agenda itemMward of Bid\Sample Agreement.doc (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 Count b r P 9Y Y B. IF THE CONTRACTOR HAS QUESTI APPLICATION OF CHAPTER 119,—FLORI_C CONTRACTOR'S DUTY TO PROVIDE-:P.UBL' TO THIS CONTRACT, CONTACT THE C RECORDS AT:p+� (772) 226-1424 pYbIicrecordsircaov.com ' Indian River County Office of`the,Cou , 1801 27th Street," Vero Beach, FL 329,6`0,A� `VAI C. Failure of tt this Agreement. yr, ONS 'REGARDING THE w,r�:-:.a A STATUTES,"-" THE , .. s,Y:.,.. r .0 ,,RECO RDS -RELATING ATODIAN`� OF PUBLIC Attorney to comply with`ith_ese requirements shall be a material breach of page was left blank intentionally] 00520-9 1 JJ Sample Agreergegfg F:1Public Warks\ENGINEERING DIVISION PROJECTS11415-I11 Blvd Sidewalk 37th St to 53rd SM-Adminlagenda ItemsWward of 8id\Sample Agreement.doc 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 Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY Bv: By: Peter D. O'Bryan, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND - SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Attest: Name: James:W,,;:E Title: Couht-V E6§1Rd 1801 27th Street Vero Beach, Florida (772) 226-1221 Facsimile: (772) 77E CONTRACTOR: By: for giving notices: License No. (Where applicable) ''- Agent for service of process: ve= -- P.E='; PMP Designated Representative: Name: Title: its Address: 1 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520-10 Sample Agreen-r jq FAIRublic Works\ENGINEERING DIVISION PROJECTS\1415-IR Blvd Sidewalk 37th St to 53rd SM-Admin\agenda itemsWward of Bid\Sample Agreement.doc INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 22, 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: 22nd Street SE Sewer Lateral Replacement: Approval of Blue Goose Construction Work Authorization No. 2018-002 DESCRIPTIONS AND CONDITIONS: Upon investigation of a clogged sewer on 22nd Street SE in Vero Shores, Indian River County Department of Utility Services (IRCDUS) staff determined that the sanitary sewer lateral had failed on the utility side. The Vero Shores sanitary sewer system was installed in 1958. Staff determined that the best course of action is to replace the lateral. ANALYSIS: The most efficient and timely method to replace the sewer lateral main is to utilize the IRCDUS labor contractor, Blue Goose Construction (BGC). A work authorization has been prepared for the project (Attachment 1). A list of the anticipated labor and material quantities was prepared, and bid prices from the Blue Goose Construction contract was used to calculate the labor expense. The total material cost was based on unit prices derived from the Annual Contract for Utility Warehouse Stock. Construction costs are estimated as follows (Attachment 2): 1. Labor Expense (Blue Goose Construction): $ 15,000.56 2. _Materials: $ 4,979.63 Total Project Budget: $ 19,980.19 FUNDING: Funding forthis project is derived from the Replacement and Renewal (R&R) budget in the operating fund. The operating fund budget is derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT 22nd Street SE Sewer Lateral Replacement 1 47123536-044699-18515 $19,980.19 140 424 22nd Street SE Sewer Lateral Replacement Approval of Blue Goose Construction Work Authorization No. 2018-002 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Blue Goose Construction Work Authorization No. 2018-002 and authorize staff to purchase materials to construct the 22nd Street SE Sewer Lateral Replacement. ATIFACHMENT(s): 1. BGC Work Authorization No. 2018-002 2. Cost Estimate — Labor & Material C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B80D70A1\@BCL@B80D70Al.docx141 ATTACHMENT I WORK AUTHORIZATION DIRECTIVE No. 2018-002 424 22"d Street SE Sewer Lateral Replacement BLUE GOOSE CONSTRUCTION DATE OF ISSUANCE: February 20, 2018 EFFECTIVE DATE: March 6, 2018 OWNER: Indian River County CONTRACTOR: Blue Goose Construction CONTRACT: WATER, SEWER AND RECLAIM WATER LINE REPLACEMENT / EXTENSIONS AND MISCELLANEOUS LABOR CONTRACT, BID NO. 2015001, AWARDED September 9, 2014 PROJECT: 424 22nd Street SE Sewer Lateral Replacement COUNTY UTILITY PROJECT NO.: UCP #NJA CONTRACTOR'S PROJECT NO.: N/A COUNTY WIP. No. 471-169000-18515 You are directed to proceed promptly with the following work: Construct new sanitary sewer service including sewer tap, lateral piping, cleanouts, abandon existing failed service, cut & repair paved roadway, and restoration. Method of determining Contract Price: Unit Prices: Bid Items as established pursuant to Bid No. 2015001, and awarded by the Board of County Commissioners on September 9, 2014 to Blue Goose Construction, Inc. ❑ Lump Sum ❑ Cost of the Work The Cost of Labor, Contingency and Contract Time is summarized below: Labor Cost (rounded) _ $15,000.56 Estimated 90 days from NTP Contract Time: ACCEPTED: RECOMMENDED: APPROVED: By: Blue Goose Construction Labor Contractor Date: By: John M. Boy , P.E. Utilities Engineer Date: Z �/1 By: Peter D. O'Bryan CHAIRMAN, BCC Date: F.\Utilitles\UTIUTY - Engineering\Projects - Capital Projects\18-0213 424 22nd St SW\Agenda Item\BGC WA 2018-002.docx 142 Indian River County Department of Utilities CONSTRUCTION BUDGET - Labor Contract & Direct Purchase Project: 424 22nd Street SE Sewer Lateral Attachment 2 By: John M. Boyer, P.E. Date: February 20, 2018 Replace failed residential sewer lateral. LABOR COSTS MATERIAL COSTS (IRC Direct Purchase) Bid Bid Item I Estimated Unit of Labor Unit Total Labor Material Unit I Total Material Item No. Description Quantity Measure Price Price Price Price 01b Install 4" PVC Water Main 40 LF $5.50 $220.00 $2.00 $80.00 9 Install Mechanical Restrained Joint Ductile Iron Fitting 0.25 Ton $4,100.00 $1,025.00 $4,100.00 $1,025.00 10a Install Mechanical Restrained Joints on Existing Main, 3" 6 EA $60.00 $360.OD $70.00 $420.00 through 8" Sia Lower/Offset Pipe by Excavation After Restraining 40 LF $6.00 $240.00 $2.00 $80.00 Joints, 3" through 8" 13a Grout Pipe Abandonedand Left in Place, 3" through 8" 100 LF $12.00 $1,200.00 $12.00 $1,200.00 23 Test Holes / Potholes 8 EA $250.00 $2,000.00 $0.00 $0.00 55C Install 6" Sewer Service Lateral -Single (> 7') SDR 26 100 LF $15.00 $1,500.00 $6.00 $600.00 58 Gravity Sewer Tap - Single Residential Service -4"-8" 1 EA $500.00 $500.00 $500.00 $500.00 includes installation of Cleanouts, "Y" and sleeves 65 Saw Cut, Remove and Dispose of Asphalt 10 Ton $30.00 $300.00 0.00 $0.00 66a Install Asphalt Cement Overlay - Type SP -9.5 A.0 over 10 Ton $60.00 $600.00 $70.00 $700.00 Existing Pavement or Compacted Base 67b Remove, Dispose of and/or Replace Rock Base Course, 20 Ton $20.00 $400.00 50.00 $0.00 Compacted to County Specifications 67c Remove, Dispose of and/or Replace Stabilized Sub- 20 Ton $14.00 $280.00 $0.00 $D.00 Grade Course, Compacted to County Specifications 86a Lawn Restoration (Topsoil & Sod) Includes Watering 50 SY $2.25 $112.50 $2.75 $137.50 85a Remove and Properly Dispose of Asbestos Concrete Pipe 1 Ton $750.00 $750.00 $0.00 $O.OD or Material using Certified Contractor 88a Well Point Dewatering Set Up, Tier Depth up to 25', 1 LS $3,500.00 $3,50D.00 $0.00 $0.00 (Minimum 30'X 30' Work Area) 91 Mobilization, Demobilization, MOT (based on 1051 Labor 1 LS $1,298.75 $1,298.75 $0.00 $0.00 Cost): Subtotals: Labor: $14,286.25 Material: $4,742.50 Contingency: 5% $714.31 5% $237.13 Labor: $15,000.56 Material: $4,979.63 ESTIMATED CONSTRUCTION $19,980.19 BUDGET: F:\UHBUeAUTx17Y • Engineering\Prolmts - Capital ProlecU\18-0213 424 22nd St SMCott Estimate • 424 22nd St SE 143 lo,A. I" INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney, Senior Planner, Current Development DATE: February 26, 2018 SUBJECT: Prima Vista II Corporation's Request for Abandonment of a Portion of 129th Avenue (now being 93rd Avenue) and a Portion of 130th Avenue (now being 93rd Court) within the Paradise Park Unit No. 3 Subdivision [ROWA-17-02-01 / 2002010153- 78160] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 6, 2018. I:I.T9] 111c"Z111r1-13 This item was previously scheduled for a public hearing at the April 11, 2017 Board meeting. However, the item was pulled from that agenda due to a discrepancy in the property owner information. That discrepancy has been addressed to the satisfaction of the County Attorney's Office and is now presented for the Board's consideration. DESCRIPTION AND CONDITIONS: Schulke, Bittle, and Stoddard, LLC, on behalf of Prima Vista H Corporation, is requesting abandonment of a portion of 129" Avenue (now being 93rd Avenue) and a portion of 1301 Avenue (now being 93rd Court) within the Paradise Park Unit No. 3 Subdivision, which is generally located at the northeast corner of Interstate 95 (I-95) and S.R. 60 (see attachment 2). Both rights-of-way are 70 feet wide and are essentially "paper streets." The rights-of-way were platted in 1956 and have never been formally improved for vehicular use, drainage improvements, or utility improvements. Currently, the applicant owns all of the abutting property [i.e. all of Block P and all of Block K (less the I-95 right-of-way), Paradise Park Unit No. 3 Subdivision] on either side of the subject portions of rights-of-way, and all of those lots have been combined via Unity of Title(s). Those properties, as well as other properties in the area are currently vacant (see attachment #3) and are designated C/I, Commercial/Industrial or M-1, Medium -Density Residential -1 (up to 8 units/acre). If abandoned, the applicant will combine the two parcels and the two rights-of-way, creating a single ±4.97 acre parcel with frontage on other existing, currently unimproved platted rights-of-way (see attachment #2). No other property owners will be affected by the proposed abandonment, as the applicant currently owns all property (lots) abutting the subject rights-of-way. 144 C:\Users\legistar\AppDataU,ocal\Temp\BCL Technologies\easyPDF 8\@BCL@600E87F6\@BCL@600E87F6.docx As required by the County land development regulations (LDRs), prior to the Technical Review Committee (TRC) meeting at which the subject application was reviewed, staff notified each property owner adjacent to the subject portions of rights-of-way by regular mail. Staff has received no objections regarding the request. At this time, the applicant requests that the subject rights-of-way be abandoned. ANALYSIS: Consistent with guidelines established by the Board, this petition was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the subject portions of rights-of-way. Upon review, all reviewing departments and agencies indicated that they reviewed and approved the request for abandonment without the need to retain a drainage or utility easement over the area to be abandoned. Therefore, the proposed abandonment resolution does not include a request to retain a drainage or utility easement over the area to be abandoned. It should be noted that the subj ect portions of rights-of-way are either abutting or near 1-95. Therefore, the subj ect abandonment request was also reviewed by Florida Department of Transportation (FDOT) staff. FDOT staff have approved the request. As noted on the County Thoroughfare Plan, the subject right-of-way is not part of the County's major roadway system and is not needed for the thoroughfare system or for traffic circulation in the surrounding platted subdivision. In this case, the subject rights-of-way do not provide primary access to any property, and most of the rights-of-way within the Paradise Park Unit No. 3 Subdivision are unimproved, "paper streets." Additionally, I-95 was designed and constructed after the plat of Paradise Park Unit No. 3, effectively split the plat in half, and eliminated part of the subdivision grid layout. The properties adjacent to the subject portions of rights-of-way are mostly zoned CG, General Commercial and the proposed abandonment will facilitate future commercial development of the site. The subject properties and other adjacent properties that are owned by the applicant will be accessed via code -required road improvements that will be defined during a future development review process (e.g. a site plan or planned development application) for the subject properties. Since all adjacent lots have adequate frontage on a remaining platted (unimproved) road right-of-way, the abandonment will not affect the right of convenient access to any surrounding properties. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. RECOMMENDATION: Based on the analysis, staff recommends that the Board abandon its rights to the subject portions of rights-of-way and authorize the chairman to execute the attached abandonment resolution. ATTACHMENTS: 1. Application 2. Location Map 3. Aerial 4. Abandonment Resolution 145 C:\Users\legistar\AppData\Loca]\Temp\BCL Technologies\easyPDF 8\@BCL@600E87F6\@BCL@600E87F6.docx 2 PETMON FOR ABANDONMENT OF PUBLICLY DEDICATED RIGHTS-OF-WAY, STREET, OR ALLEY Prima Vista It Corporation (Print full name) hereby petitions Indian 6444-ilt; to abandon a portion of 93rd Ave and 93rd Ct (aka 129th Ave and 130th Ave Paradise Park Unit No. 3 Plat) (street, alley, road, etc.) located i . n Paradise Park Unit No 3 IRF starting at 21st Street (subdivision name, parcel M4, or tract) d terminating at 22nd Street laying adjacent to (or in) Block K 1, P Lot 33 Section Township —, Range 38 as recorded in Plat Book 4 Page 34 , Public Records of Indian River County, Florida, The reason for this request is (should include intended use of property): Currently Prima Vista Corporation owns all the lots in Blocks K & P of Paradise Park Unit No, 3 IRF They wish to abandon the above requested street rights-of-viav in order to create one continuous parcel, Prima Vista 11 Corporation, John E. Morris, as Trustee of jER-REV. TR_ Applicants Name (Please Print): Srhi ilk R, Bit le & Stoddard. LLC Address: 1717 Indian River Blvd, Suite 201, Vero Beach. FL 32960 Telephone: 772-77(Y.9622 E-mail: ischulke sbseng ineers.com Signature: Date: List of proppity owners abutting the portion of the road requested to be vacated (if any): N/A, applicant owns atPlease co6erty abutting the portion of the road requested to be vacated. Name Print): Address: Telephone: E-mail: Name (Please Print): Address: Telephone: E-mail: Name (Please Print): Address: Telephone: E-mail: Name (Please Print): Address: Telephone: E-mail: 180127* Strict, Veto Beach FL 32960 FACommwuty Dcvc1opwcnt\APPL1CAT10WCurDcv 2 146 47 1 s Ark a G, 33380300002015000000.1IMF 33380300001001000003.0 .. DST ti C a22"d Street 333803000010011000004.0 T7 Block K :@ . .b. .w • •res Block P o o> Q N q ti N O� 33380300001008000004.0 a Sr sc 21 Street > 00- N Areas to be abandoned 33380300001 o08ODoaoe.0 l STATE ROAD 60 26tH ST (STATE ROAD 60) -SLB -LATERAL-D-S-A SEB 4.ATERAL- R-3 ,-]---33380300007000000001.0 47 .r>} ri �, ` �'4�� t� W - •' !h' � .�,. � ie ,' � : �i4 '� ,��' ��. + � I _•fib^�'j�'.�(J��'Dfl�i1=�' Wti.� Y „� . _ ;•. 1 ` -t •r. � .�• _. 38 D' fQy�^�`�� ti �► r � �'s_�' rr�+ 7 � , �.�.�. ��.`r.•'_�. it • :`rr ` '�4 y � � . �� O j �', f _ ,r' >„tom � , �'�d�� ,. } 0 w,., Y a cF ,y 1 �l `! ."� a ,; :;'S � '1 h,: � �T"`!`-' '�`�•' it '?..r�4t�1�1 r�:�7e-1tit'! r, ':� r� { i1 i4l �! ,r l.al► N„{ "•r,rs'!J!-�.� •'',' '�'� �4 ? N'2Fr..'”` •':1'�r. \•\y ��. A' t .aI ; �•�:'.#i $. 22nd Street J�lock vov ••�� Block r40'AK -i. t. •t - �S� � rte•,, �o . r • 1 i' .. �"t � �4. � Y +.�1� �?4t a ir 2151 Street '� ;� \,; ,�' y, ;ro '' �'` •.4� � r �,� ,'v r 'S, • _ 'j..lv.' . t�k�t � hn't 17 .+ s•C ��h '. � � , ti J fib M.: �> � �>. ' � .* , V •j� ' �•'� , �i`� Rte.. .l �.`\'♦M � _ ST-ATiER0AD60, ZOTHaSWF Ty(STATEt�DAD6 41 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF A 70 FOOT WIDE RIGHT-OF-WAY OF 129TH AVENUE (NOW BEING 93RD AVENUE) LYING BETWEEN BLOCKS K AND P OF THE PARADISE PARK UNIT NO. 3 SUBDIVISION, AND BETWEEN 21ST STREET AND 22ND STREET, AND A PORTION OF A 70 FOOT WIDE RIGHT-OF-WAY OF 130TH AVENUE (NOW BEING 93RD COURT) LYING BETWEEN THE WEST LOT LINE OF LOT 11, BLOCK K OF THE PARADISE PARK UNIT NO. 3 SUBDIVISION AND THE EAST RIGHT-OF-WAY LINE FOR STATE ROAD NO. 9 / INTERSTATE 95, SOUTH OF 22ND STREET. WHEREAS, Indian River County originally received a duly executed and documented petition from Prima Vista II Corporation on November 15, 2016 and an updated petition on January 26, 2018, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of 129' Avenue (now being 93`d Avenue) lying between Blocks K and P of the Paradise Park Unit No. 3 Subdivision, and between 21St Street and 22nd Street, and a portion of 130th Avenue (now being 93rd Court) lying between the west lot line of Lot 11, Block K of the Paradise Park Unit No. 3 Subdivision and the east right-of-way line for State Road No. 9/Interstate 95, south of 22 Street, as shown in Plat Book 4, Page 34 of the Public Records of Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that the subject right-of-way is not a state or federal highway, not located within any municipality, not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows: A RIGHT OF WAY ABANDONMENT LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF 130TH AVENUE (NOW BEING 93RD COURT), (A 70.00 FOOT RIGHT OF WAY), PARADISE PARK UNIT No.3, AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 34, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BOUNDED ON THE NORTH BY THE NORTH LINE OF BLOCK K, SAID PARADISE PARK UNIT No.3, EXTENDED WESTERLY TO 149 AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF STATE ROAD No.9 (1-95 HIGHWAY), BOUNDED ON THE EAST BY THE WEST LINE OF SAID BLOCK K AND BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF STATE ROAD No.9 (1-95 HIGHWAY). AND THAT PORTION OF 129TH AVENUE (NOW BEING 93RD AVENUE), (A 70.00 FOOT RIGHT OF WAY), SAID PARADISE PARK No.3, BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID BLOCK K, BOUNDED ON THE EAST BY THE WEST LINE OF BLOCK P, SAID PARADISE PARK UNIT No.3, BOUNDED ON THE SOUTH BY THE SOUTH LINE OF SAID BLOCK P EXTENDED WESTERLY, BOUNDED ON THE SOUTHWEST BY THE EAST RIGHT OF WAY LINE OF STATE ROAD No.9 (I-95 HIGHWAY) AND BOUNDED ON THE WEST BY THE EAST LINE OF SAID BLOCK K. SAID RIGHT OF WAY ABANDONMENTS CONTAINING 1.0 ACRES MORE OR LESS. Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated (see Exhibit A attached). 2. The closing, vacation, and abandonment of these portions of public rights-of-way is in the best interests of the public. 3. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof. 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. 5. The subject rights-of-way shall be combined with Block K and Block P of the Paradise Park Unit No. 3 Subdivision. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner 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 who moved its and upon b eing put to 150 The Chairman thereupon declared the resolution duly passed and adopted this day of , 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan , Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of .2018. Notary Public APPROVED AS TO LEGAL SUFFICIENCY :• Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP, Director Community Development Department 151 SKETCH OF LEGAL DESCRIPTION I 0- PARADISE PARK UNIT No.3 PLAT BOOK 4, PAGE 34, 0 PUBLIC RECORDS OF m INDIAN RIVER COUNTY, W I FLORIDA z -j I SOUTH LINE BLOCK P I 21ST STREET (PLAT & POSTED) 70'RIGHT OF WAY EXHIBIT "A" PLAT OF SURVEY FOR: INDIAN RIVER COUNTY SKETCH OF DESCRIPTION FOR GRAPHIC SCALE RIGHT OF WAY 100 0 50 100 ABANDONMENT SKETCH OF LEGAL DESCRIPTION- in NOT A BOUNDARY SURVEY North ( IN FEET 1 inch =100 ft. PROJ. NO. 16-065 DATE: 11/08/16 DWN, BY: C.H.B. CKD. BY: S.P.T. THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOIJNO AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE VATHOUT ONE ANOTHER. PACE 118P' 2 (NOT A SURVEY) < uJ w CL 100 < F- z j u L wx n0 Z :D zo > < 0 0 LLI < > F- m '-00 BLOCK L ' :c BLOCK 0 `r' nO) ro, I V) 0 mw 8- �� x 22ND STREET (PLAT & POSTED) 70'RIGHT OF WAY 0 I 0- PARADISE PARK UNIT No.3 PLAT BOOK 4, PAGE 34, 0 PUBLIC RECORDS OF m INDIAN RIVER COUNTY, W I FLORIDA z -j I SOUTH LINE BLOCK P I 21ST STREET (PLAT & POSTED) 70'RIGHT OF WAY EXHIBIT "A" PLAT OF SURVEY FOR: INDIAN RIVER COUNTY SKETCH OF DESCRIPTION FOR GRAPHIC SCALE RIGHT OF WAY 100 0 50 100 ABANDONMENT SKETCH OF LEGAL DESCRIPTION- in NOT A BOUNDARY SURVEY North ( IN FEET 1 inch =100 ft. PROJ. NO. 16-065 DATE: 11/08/16 DWN, BY: C.H.B. CKD. BY: S.P.T. THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOIJNO AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE VATHOUT ONE ANOTHER. PACE 118P' 2 CL 100 z j u ul z m Zu_z C) < m < mw 8- �� x �A t2 n 0 0 y 0 BLOCK K z < 0 Z - U -1 7 0 do I 0- PARADISE PARK UNIT No.3 PLAT BOOK 4, PAGE 34, 0 PUBLIC RECORDS OF m INDIAN RIVER COUNTY, W I FLORIDA z -j I SOUTH LINE BLOCK P I 21ST STREET (PLAT & POSTED) 70'RIGHT OF WAY EXHIBIT "A" PLAT OF SURVEY FOR: INDIAN RIVER COUNTY SKETCH OF DESCRIPTION FOR GRAPHIC SCALE RIGHT OF WAY 100 0 50 100 ABANDONMENT SKETCH OF LEGAL DESCRIPTION- in NOT A BOUNDARY SURVEY North ( IN FEET 1 inch =100 ft. PROJ. NO. 16-065 DATE: 11/08/16 DWN, BY: C.H.B. CKD. BY: S.P.T. THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOIJNO AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE VATHOUT ONE ANOTHER. PACE 118P' 2 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey: (Project # 16-065) • TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY • THIS LEGAL DESCRIPTION PREPARED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B. #6905 d\bio MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201, VERO BEACH, FLORIDA 32960 • PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, F.S.M. /5755 Legal Description: EXHIBIT "A" A RIGHT OF WAY ABANDONMENT LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF 130TH AVENUE (NOW BEING 93RD COURT), (A 70.00 FOOT RIGHT OF WAY), PARADISE PARK UNIT No.3, AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 34, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BOUNDED ON THE NORTH BY THE NORTH LINE OF BLOCK K, SAID PARADISE PARK UNIT No.3, EXTENDED WESTERLY TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF STATE ROAD No.9 (1-95 HIGHWAY), BOUNDED ON THE EAST BY THE WEST LINE OF SAID BLOCK K AND BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF STATE ROAD NO.9 (1-95 HIGHWAY). AND THAT PORTION OF 129TH AVENUE (NOW BEING 93RD AVENUE), (A 70.00 FOOT RIGHT OF WAY), SAID PARADISE PARK No.3, BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID BLOCK K, BOUNDED ON THE EAST BY THE WEST LINE OF BLOCK P, SAID PARADISE PARK UNIT No.3, BOUNDED ON THE SOUTH BY THE SOUTH LINE OF SAID BLOCK P EXTENDED WESTERLY, BOUNDED ON THE SOUTHWEST BY THE EAST RIGHT OF WAY LINE OF STATE ROAD No.9 (1-95 HIGHWAY) AND BOUNDED ON THE WEST BY THE EAST LINE OF SAID BLOCK K. SAID FRIGHT OF WAY ABANDONMENTS CONTAINING 1.0 ACRES MORE OR LESS. Legend & Abbreviations: (symbols not scoleoble for size) PLS — PROFESSIONAL LAND SURVEYOR CR — COUNTY ROAD PSM —PROFESSIONAL SURVEYOR & MAPPER R/W RIGHT OF WAY LB — LAND SURVEYING BUSINESS O.R.B. — OFFICIAL RECORD BOOK (t (M) -- CENTERLINE — MEASURED VALUE P.O.C. — POINT OF COMMENCEMENT P.O.8 — POINT OF BEGINNING (P) — PLAT VALUE P.R.I.R.C.F. — PUBLIC RECORDS OF INDIAN RIVER COUTY. FLORIDA SKETCH OF DESCRIPTION FOR RIGHT OF WAY ABANDONMENT SKETCH OF LEGAL DESCRIP77ON PLAT OF SURVEY FOR: INDIAN RIVER COUNTY NOT A, BCiUN"LIARY SURVEY THIS SURVEY IS, NOT-VAUD._wf TriOUT-1HE SIGNATURE'AND THE ORIGINAL RAISED.SEAL OF THE FLORIDA LICENSED'SURVEYOR AND -MAPPER CHARLES H. BLANCHARD, P,S.Mry5755 PAGE 2 Prima Vista 11 Corporation Right -of -Way Abandonment Board of County Commissioners March 6, 2018 Location Map Lev b 22� StreetBlk K BI -k P EF Si C —I Areas to abandoned 17 / STIJEROAD6020TH V\ St(STATEADAbW) 0'tL ===T 2- 15 3- 1 Aerial 22vd Street. 41f t,44,. HtockK Y ih.'A b: s i �' i,1` •�51.`- ��'� � .. �=� .w. p.Y�. iv .hh« r5.` � .7;,�•4�; �:T,�-:may. 'N )k��f 1.r,'"1� ":� � ' 5: �`'� Y' t,�,,; . .y� fR ^1•�R SC� -1�Y :'��uR'•-/t`dt � ^ �...�` 21 ' —__ 5 ...-tel_•. � T��'i .,- ''•>: S(N EROF17 so _ �51�— _ 2(ifH'ST'�TATE Analysis • Not formally improved • Not needed for access No additional easements being retained (Y3' 2 Staff Recommendation ➢ That the BCC abandon the subject portions of rights-of-way. 5 Sketch & Legal Description SKETCH OF LEGAL DESCRIPTIO%T (NOT A SURVEY) ' a BLOCK L £Q BLOCK 0 PARK a P 22MO STftifT (Put a POSTED) iDRiDNT OP WAT hi iu ELgCN r h p g BLOCK P BLOCK r Ate` y g PARADIJ PARK UNIT N0.3 5 pp BLOCK K aW Soo+ t. P Of 3+, PUOUC PECORDS O`' IMDIAu fIDNA cow Y, b ag :x UMC Pi OCu P 21ST SMEET (PIAT a PORTED) tDRMT Of WAY 6 I�3. D,Pva, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: February 26, 2018 SUBJECT: The Moorings Club, Inc.'s Request for Abandonment of a Portion of 57th Street (a.k.a. Storm Grove Road) [ROWA-16-08-01 / 92020089-76980] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 6, 2018. DESCRIPTION AND CONDITIONS: Knight, McGuire & Associates, Inc., on behalf of The Moorings Club, Inc., is requesting abandonment of the portion of 57" Street (a.k.a. Storm Grove Road) generally located between the Florida East Coast Railway (FEC) and the Indian River Farms Water Control District (IRFWCD) Lateral `G' Canal (see attachment 2). The subject portion of right-of-way is 90 feet wide and is essentially a "paper street." The right-of-way was platted in 1976, has never been formally improved for vehicular use, and runs through the middle of the Hawk's Nest private golf course owned by the applicant (see attachment 3). There are County and other private utilities improvements located within the right-of-way, and those items will be protected by several easements as further described in the analysis section of this report. As required by the County land development regulations (LDRs), prior to the Technical Review Committee (TRC) meeting at which the subject application was reviewed, staff notified all adjacent property owners by regular US mail. Staff has not received any objections to the abandonment request. At this time, the applicant requests that the subject right-of-way be abandoned. ANALYSIS: Consistent with guidelines established by the Board of County Commissioners (BCC), this petition was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the subject right-of-way. Upon review, the County Department of Utilities Services advised that there are County -owned utilities improvements (i.e. water main and sewer main) located within the right-of-way, and those improvements must be protected by County utility easements. Therefore, 154 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@680D7430\@BCL@68OD7430.docx the Department of Utilities Services recommends that utility -specific easements be retained over the centerline of those improvements, and those easements are included as "Exhibit B" in the proposed abandonment resolution (see attachment 3). FPL and AT&T also advised that there are private utilities improvements (i.e. underground cables and overhead electric lines) located within the right- of-way, and those improvements must be protected by corresponding private utility easements. The applicant is coordinating those private utility easements with the respective utility providers, and those easements are not being retained or established via the proposed abandonment resolution. The utility providers (FPL and AT&T) have approved the abandonment with the condition of a private easement(s) being granted. Consequently, prior to or simultaneously with the recording of the abandonment resolution, an executed private easement agreement acceptable to the utility providers needs to be recorded or placed into escrow for recording. All other County divisions, utility providers, and jurisdictional agencies have reviewed and approved the proposed abandonment without conditions. The subject right-of-way was established via the recording of a Florida Department of Transportation (FDOT) right-of-way plat map (Plat Book 11, Page 29B), and the recording of that plat map conveyed the right-of-way to Indian River County. During the early steps of the abandonment review process, it was unclear if the FDOT still owned any rights or interest in the subject right-of-way. However, County staff coordinated with FDOT staff, and FDOT staff indicated that they do not have any rights or interest in the subject right-of-way. FDOT has reviewed and approved the abandonment request. The segment of 57th Street between the FEC Railway and 58th Avenue was removed from the County Thoroughfare Plan approximately 20 years ago, is not part of the County's major roadway system, and is not needed for the thoroughfare system or for traffic circulation in the surrounding area. Additionally, the FEC Railway is a physical impediment to any future extension of 57th Street in the surrounding area. It should be noted that there is a t 90' by f 300' County -owned parcel located immediately west of the subject portion of right-of-way (see attachment 2). The County parcel is not included in the abandonment request, and will remain under County ownership. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. Is _ t UMU ►I I . M Based on the analysis, staff recommends that the Board of County Commissioners abandon its rights to the subject portion of right-of-way and authorize the chairman to execute the attached abandonment resolution, with the following conditions: County utility easements shall be retained over the areas described in Exhibit B in the attached abandonment resolution. 2. Prior to or simultaneously with the recording of the abandonment resolution, an executed private easement agreement acceptable to the private utility providers shall be recorded or placed into escrow for recording. 155 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@680D7430\@BCL@680D7430.docx 2 ATTACHMENTS: 1. Application 2. Location Map 3. Aerial 4. Abandonment Resolution 156 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@680D7430\@BCL@680D7430.docx ivV � + `fir• MEW 00 dGVEL TO: Indian River County Board of County Commissioners 180127* Street Building A Vero Beach, Florida 32960 772-567-8000 The Moorings Club, Inc. , hereby petition the Indian River County Board (Petitioner) road right-of-way for Storm Grove Road of County Commissioner, to vacate a g y . described as: (describe street, alley, road, easement, etc.) A portion of Section 1 S, Township 32 South Range 39 Ea stt located in Indian River County, Florida as more particularly ung at (subdivision name,acel or tract) described inIte attached Developer's Agreement and terminating at laying adjacent to (or in) Block , LotSection . Township . , Range . as recorded in Plat Book ilJ . Page 5-88- . Public Records of Indian River County, Florida, The reason for this request is: The intended future use of the property has changed. The railroad cross ing_an orm rove oadFprojects have been abandons use ofproperty) or Print PetitionerName: The Mooring Club, Inc. Craig Lopes NPand bet' - Property owner abutting the portion of the road requested to be vacated: ?if any) None Name Address Cam Please submit to the Indian River County Community Development Department with required fee (payable to Indian River County Board of County Commissioners), with a copy of appropriate Plat, tax or description map. Submit this form to: INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DIVISION 1801 27*Street Building A VERO BEACH, FLORIDA 32960 3a- 3°C -f5 - 00000 --/000-- 0000Q, OR UseO�ly 5-dS-i Filing Date: �P Date Application Complete: Reviewing Planner. Project #: Q 2A 2 0 G 4 (02 RQ N O T I C E Prior to formally applying for a right-of-way abandonment request, planning staff strongly encourages you to contact the planning divislon, public works department, and the utility service; department to C-Moum►ents and SeuinsslsjohnsomUcsl Set injgffempocary trtemet Fi1e9%C0ncnt.0a1t00k10C11QWGl11REt.EASE EASEMENT APP.doc 157 \\� ' 3239150000410( f 5� 32391500004300000402.0 1 y 1 3239150000010000 32391500000100000020.1 \\\ 32391500000100000048.0 32391500000100000021 1 323915000001000000 32391500000100000006.1 323915000001000000 County -Owned Parcel g 900002021000000.1 7C S Z q 32391500000100 57TH ST 32391 50 0 00 0 10 0 ...................................... ... t 605 1 Right -of -Way Abandonment 32391500000500000001.0 1 t 4 � l 32391500404504000002.4 r � 32391500000100000004.0 5 158 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF A 90 FOOT WIDE RIGHT-OF-WAY OF 57TH STREET (ALSO KNOWN AS STORM GROVE ROAD) LYING BETWEEN THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY AND THE EAST RIGHT OF WAY LINE OF THE LATERAL `G' CANAL AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SHOWING SECTION 88508-2601 AS RECORDED IN PLAT BOOK 11, PAGE 29 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHEREAS, on May 25, 2016, Indian River County received a duly executed and documented petition from The Moorings Club, Inc., requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of 57th Street (also known as Storm Grove Road) lying between the west right-of- way line of the Florida East Coast Railway and the east right-of-way line of the Lateral `G' Canal, as shown in Plat Book 11, Page 29 of the Public Records of Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that the subject right-of-way is not a state or federal highway, not located within any municipality, not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows: A PORTION OF STORM GROVE ROAD LYING BETWEEN THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY AND THE EAST RIGHT OF WAY OF LATERAL G CANAL AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SHOWING SECTION 88508-2601 AS RECORDED IN PLAT BOOK 11, PAGE 29 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THENCE ALONG SAID WEST RIGHT OF WAY SOUTH 15026'17" EAST, TO THE NORTH RIGHT OF WAY OF STORM GROVE ROAD FOR 2,705.58 FEET, ALSO 160 BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY SOUTH 15026'17" EAST TO THE SOUTH RIGHT OF WAY OF STORM GROVE ROAD, A DISTANCE OF 93.33 FEET; THENCE ALONG SAID SOUTH RIGHT OF WAY ON THE FOLLOWING COURSES: SOUTH 89°55'08" WEST, A DISTANCE OF 268.65 FEET; THENCE ON A RADIAL CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 10,999.64 FEET, A LENGTH OF 676.68 FEET, A DELTA OF 03031'29", A CHORD BEARING OF NORTH 88°19'08" WEST, AND A CHORD DISTANCE OF 676.57 FEET; THENCE ON A REVERSE RADIAL CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 10,681.03 FEET, A LENGTH OF 665.71 FEET, A DELTA OF 03°34'16", A CHORD BEARING OF NORTH 88°20'31" WEST, AND A CHORD DISTANCE OF 665.60 FEET TO A POINT; THENCE ALONG A NON -TANGENT LINE, NORTH 00°00'00" WEST, TO THE SAID NORTH RIGHT OF WAY, A DISTANCE OF 90.00 FEET; THENCE ALONG SAID NORTH RIGHT OF WAY ON A NON -RADIAL CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 10,771.03 FEET, A LENGTH OF 671.12 FEET, A DELTA OF 03°34'12", A CHORD BEARING OF SOUTH 88020'29" EAST, AND A CHORD DISTANCE OF 671.01 FEET; THENCE ON A REVERSE RADIAL CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 10,909.64 FEET, A LENGTH OF 671.14 FEET, A DELTA OF 03°31'29", A CHORD BEARING OF SOUTH 88°19'08" EAST, AND A CHORD DISTANCE OF 671.03 FEET; THENCE ON A RADIAL LINE NORTH 89°55'08" EAST A DISTANCE OF 243.93 FEET TO THE PLACE AND POINT OF BEGINNING. Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated (see "Exhibit A" attached) except that those certain County utilities easements shall be retained as described and depicted in attached "Exhibit B". - The closing, vacation, and abandonment of this segment of public right-of-way is in the best interest of the public. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof. 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. 5. The right-of-way shall revert equally to the properties on both sides of the subject segment of right-of-way. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner a vote, the vote was as follows: who moved its and uponbeingput to 161 Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of , 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan , Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of 12018. Notary Public APPROVED AS TO LEGAL SUFFICIENCY Dylan Reingold, County Attorney 162 APPROVED AS TO PLANNING MATTERS mm Stan Boling, AICP, Director Community Development Department 163 EXHIBIT A LEGAL DESCRIPTION POINT OF COMMENCEMENT A PORTION OF STORM GROVE ROAD LYING BETWEEN THE WEST RIGHT OF WAY LINE OF THE FLORIDA N. L9JE OFOF SEG. 15. EAST COAST RAILWAY AND THE EAST RIGHT OF WAY OF LATERAL G CANAL AS SHOWN ON THE STATE TW5P. 32 5., RANGE 39 E. Of FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SHOWING SECTION 88508-2601 AS RECORDED IN PLAT BOOK 11, PAGE 29 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS - COMMENCING AT THE INTERSECTION Of THE NORTH LINE Of SECTION 15, TOWNSHIP 32 SOUTH. RANGE 39 EAST. INDIAN RIVER COUNTY. FLORIDA, AND THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY, THENCE ALONG SAID WEST RIGHT OF WAY SOUTH 15'2G'17' EAST. TO THE NORTH RIGHT OF WAY OF STORM GROVE ROAD FOR 2.705.58 FEET. AL50 BEING THE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY SOUTH 15'26'17' EAST TO THE SOUTH RIGHT OF WAY OF STORM GROVE ROAD. A .DISTANGE OF 93.33 FEET, THENCE ALONG SAID SOUTH RIGHT OF WAY ON THE FOLLOWING COURSES, SOUTH 89'55'08' WEST. A DISTANCE OF 268.65 FEET, THENCE ON A RADIAL CURVE CONCAVE TO THE NORTH. HAVING A RADIUS OF 10.999.64 FEET. A LENGTH OF 676.68 FEET. A DELTA OF 03'31'29'. A CHORD BEARING OF NORTH 8819'08' WEST. AND A CHORD DISTANCE OF 676.57 FEET, THENCE ON A REVERSE RADIAL CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 10,681.03 FEET, A LENGTH OF 665.71 FEET, A DELTA OF 03'34'16'. A CHORD BEARING OF NORTH 88'20'31' WEST. AND A CHORD DISTANCE OF GG5.60 FEET TO A POINT, THENCE ALONG A NON -TANGENT LINE. NORTH 00'00'00' WEST. TO THE SAID NORTH RIGHT OF WAY, A DISTANCE OF 90.00 FEET, THENCE ALONG SAID NORTH RIGHT OF WAY ON A NON -RADIAL CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 10.771.03 FEET. A LENGTH OF 671.12 FEET. A DELTA OF 03'34'12'. A CHORD BEARING OF SOUTH 88'20'29' EAST, AND A CHORD DI5TANGE OF 671.01 FEET, THENCE ON A REVERSE RADIAL CURVE CONCAVE TO THE NORTH. HAVING A RADIUS Of 10.909.64 FEET, A LENGTH Of 671.14 FEET. A DELTA OF 03'31'29', A CHORD BEARING OF SOUTH 88'19'08' EAST. AND A CHORD DISTANCE OF 671.03 FEET, THENCE ON A RADIAL LINE NORTH 89'55'08' EAST A DISTANCE OF 243.93 FEET TO THE PLACE AND POINT Of BEGINNING. \ PARCEL #, 3 2 391500000100000006.1 L-1 \515'26'17'E 93.33' L-2 NOO'00'00'W 90.00' C-1 R=10.909.64' RADIAL \ L=671.14' A=03'31'29' \ GB=58879,08,E CD=671.03' R=10,771.03' NON—RADIAL \ L=671.12' A=03'34'12" NORTH RIGHT OF WAY GB=588'20'29'E OF STORM GROVE RD. CD=671.01' R=10,681.03' RADIAL L=665.71' SOUTH RIGHT OF WAY A=03'34'1G' Of STORM GROVE RD. GB=N88'2O'31'W CD=GG5.GO' 01 PARCEL # 323'i1500000100000006.0 WILLIAM E_ "AY S_T P'ROF'ESSIONAL SURVEYO MAPPER ATE SIGNCD rLaki0A REGISTRATION NO 4416 *SKETCH 15 NOT A SURVEY* THIS DRAVANG AND COPIES THEREOF ARE NOT VALID 119THOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. PARGEL #- 32391500000100000006.0 f POINT OF G-1 R=10.999.64' RADU L=676.68' A=03'31'29' GB=N88'19'O8'W CD=G7G.57' l PARCEL #, 32391500000_500000001.0 HAY'HURST LAND SURVEYING INC CERTIFICATE OF AUTHORIZATION NUMBER (LB. 7364) SURVEYING AND MAPPING COMPANY 445 9TH 5T. S.W. Unit -7 VERO BEACH. FL. 32962 PHONE, (772) 5G9-6680 FAX- C772) 770-3446 11 hayhurstls •ilve.com N89'55'08'E 589'55'O8'W 268.65' REVISIONS A 20 FOOT I.R.C.D.U.5. EASEMENT EXHIBIT B POINT OF COMMENCEMENT A PORTION OF ABANDONED STORM GROVE ROAD LYING BETWEEN THE WEST RIGHT OF WAY LINE OF THE FLORIDA _ EAST COAST RAILWAY AND THE EAST RIGHT OF WAY OF LATERAL G CANAL AS SHOWN ON THE STATE OF 'R. -LNC OF SEC. 15. FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SHOWING SECTION 88508-2601 AS RECORDED IN TW5P. 32 5.. RANGE 39 E PLAT BOOK 11. PAGE 29 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS, PARCEL CD, rl COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SECTION 15. TOWNSHIP 32 SOUTH. RANGE 3q EAST, f^ o�� INDIAN RIVER COUNTY. FLORIDA. AND THE WE57 RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY, y`G THENCE ALONG SAID WEST RIGHT OF WAY SOUTH 15'26'17' EAST. TO THE NORTH RIGHT OF WAY OF STORM a 10 GROVE ROAD FOR 2.705.58 FEET, THENCE ALONG SAID NORTH RIGHT OF WAY. SOUTH 89'55'08' WEST A f\ 015TANCE OF 243.93 FEETI THENCE ON A RADIAL CURVE CONCAVE TO THE NORTH. HAVING A RADIUS OF N 10.909.64 FEET. A LENGTH OF 216.28 FEET, A DELTA OF 03'08'09". A CHORD BEARING OF NORTH89'30'47' c� WEST. AND A CHORD D15TANGE OF 216.28 FEET TO THE PONT OF BEGINNING, THENCE SOUTH 01'03'17" WEST. A a, r� 0 D15TANCE OF 20.00 FEET, THENCE ON A NON -RADIAL CURVE CONCAVE TO THE NORTH. HAVING A RADIUS OF 71 10,929.64 FEET, A LENGTH OF 455.69 FEET. A DELTA OF 02'23'20'. A CHORD BEARING OF NORTH 87145'03' WEST. AND A CHORD DISTANCE OF 455.66 FEET. THENCE ON A REVERSE RADIAL CURVE CONCAVE TO THE O SOUTH, HAVING A RADIUS OF 10.751.03 FEET. A LENGTH OF 669.92 FEET. A DELTA OF 03'34'13". ACHORDtp 2 0 # O BEARING OF NORTH 88'20'29' WEST. AND A CHORD D15TANGE Of 669.81 FEET, THENCE ALONG A NON -TANGENT -, m LINE. NORTH 00'00'00' WEST. TO THE SAID NORTH RIGHT OF WAY, A DISTANCE OF 20.00 FEET, THENCE ALONG A NON -RADIAL CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 10.771.03 FEET. A LENGTH \CCR O U O Of 671.12 FEET, A DELTA OF 03'34'12'. A CHORD BEARING OF SOUTH B8'20'2q" EAST. AND A CHORD DISTANCE OF 671.01 FEET, THENCE ON A REVERSE RADIAL CURVE CONCAVE TO THE NORTH. HAVING A RADIUS OF 10.90q.64 FEET, A LENGTH PARCEL #- OF 454.86 FEET. A DELTA OF 02'23'20'. A CHORD BEARING OF SOUTH 8745'03' EAST. AND A DISTANCE OF y ✓ 454.83 FEET TO THE PLACE AND POINT OF BEGINNING. O PARCEL CID, rl COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SECTION 15. TOWNSHIP 32 SOUTH. RANGE 39 EAST. f^ o�� INDIAN RIVER COUNTY. FLORIDA. AND THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RALWAY, y`G THENCE ALONG SAID WEST RIGHT Of WAY SOUTH 15'26'17' EAST. A DISTANCE OF 2.741.88 TO THE PONT OF BEGINNING, THENCE CONTINUE ALONG SAD WEST RICdiT OF WAY. SOUTH 15'26'17' EAST. A DISTANCE OF 20.74 a 10 FEET, THENCE PARALLEL TO SAID NORTH RIGHT OF WAY. SOUTH 89'55'08' WEST. A D15TANCE OF 259.04 FEET, f\ THENCE ALONG A RADIAL CURVE CONCAVE TO THE NORTH. HAVING A RADIUS OF 10.964.64 FEET. A LENGTH OF L=455.69' L=669-921 L=454.86' ' 67452 FEET. A DELTA OF 03'31'29'. A CHORD BEARING OF NORTH 88'19'08' WEST, AND A CHORD DISTANCE Of A=02'23'20' A=03'34'13' A=02'23'20' 674.42 FEET, THENCE ALONG A REVERSE RADIAL CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF CB=NB7'45'03'W C5=N88'20'29'W CB=587'45'03'E 10,716.03 FEET. A LENGTH OF 667.81 FEET. A DELTA OF 03'34'14'. A CHORD BEARING OF NORTH 88'20130' CD=455.66' CD=669.81' CD=454.83' WEST. AND A CHORD DISTANCE OF 667.70 FEET, THENCE ALONG A NON -TANGENT LINE. NORTH 00'00'00' WEST. TO SAID NORTH RIGHT OF WAY. A DISTANCE OF 20.00 FEETI THENCE ALONG A NON -RADIAL CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 10.736.03 FEET. A LENGTH OF GGq.01 FEET. A DELTA OF 03'34'13', A CHORD BEARING OF SOUTH 88'20'30' EAST. AND A CHORD DISTANCE OF 668.91 FEET, THENCE ALONG A REVERSE RADIAL CURVE CONCAVE TO THE NORTH. HAVING A RADIUS OF 10.944.64 FEET. A LENGTH OF 673.2q FEET. A DELTA OF 03'31'29'. A CHORD BEARING Of SOUTH 88'19'08' EAST. AND A CHORD DISTANCE OF 673.19 FEET, THENCE ALONG A LINE PARALLEL TO SAID NORTH RIGHT OF WAY. NORTH 89'55'08' EAST. A DISTANCE OF 253.54 PARCEL #- FEET TO THE PLACE AND PONT OF BEGINNING. R=10.771.03' N.R. 32391500000100000006.0 PARCEL #, L=671.12' 92391500000100000006.1 A=03'34'12' \ L-5 L-3 L-5 501'03'17'W 20.00' 515'2G'17"E 20.74' NOO'00'00'W 20.00' f^ o�� 09 \ � \ 0 cl, 0 m7 C-1 oop O 00 f\ NR. - NON -RADIAL �;rlN RAD. - RADIAL RCDUS - INDIAN RIVER COUNTY DEPARTMENT OF UTILITIES SERVICES AV VT CB=588'20'29'E NORTH RIGHT Of WAY CD=G71.01' OF STORM GROVE RD. r - ' SOUTH RIGHT or WAY "y OF STORM GROVE RD. \ "p0 i� r0 C-2 POINT Of �BEGINNING CD 589'55'08'W r -1 243.93' L-1 L-3 L-5 501'03'17'W 20.00' 515'2G'17"E 20.74' NOO'00'00'W 20.00' L-2 L-4 L-6 NOO'0O'00'W 20.00' 589'55'08'W 259.04' N89'55'08'E 253.54' C-1 C-2 C-3 C-4 R=10.909-64' RAD.R=10.929.64' N.R. R=10.751.03' RAD. R=10,909.64' RAD. L=216.28' L=455.69' L=669-921 L=454.86' ' A=01'08'09' A=02'23'20' A=03'34'13' A=02'23'20' CB=N89'30'47'W CB=NB7'45'03'W C5=N88'20'29'W CB=587'45'03'E CD=216.28' CD=455.66' CD=669.81' CD=454.83' *SKETCH I5 NOT A SURVEY* THIS DRAWING AND COPIES THEREOF ARE NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. HAYHURST LAND SURVEYING INC CERTIFICATE OF AUTHORIZATION NUMBER (I.B. 7364) SURVEYING AND MAPPING COMPANY 445 9TH ST. S.W. Unit -7 VERO BEACH. FL. 32962 PHONE, C772) 569-6680 FAX, C772) 770-3446 14 hayhurstls •llys.com REVISIONS C-5 - G-6 C-7 C-8 R=10.964.64' RAD.R=107716.03' RAD. R=10.701, N.R. RAD. L=67452' A=03'31'29' L=667.81' A=03'34'14' L=669.01' A=03'34'13' L=673.29' L -G73 29' A=03'31'29' WILLIAM �. I-tAY, ST $ 1 CB=NB8'19'OB'W CB=N88'20'30'W CB=588'20'30-E CB=588'39'08"E PROf•CSSIONAL SURVEY + MAPPER DATC SIGNED CD=674.42' CD=667.70' CD=o68.91' CD=673.19' !'LORIDA REGISTRATION NO 4416 *SKETCH I5 NOT A SURVEY* THIS DRAWING AND COPIES THEREOF ARE NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. HAYHURST LAND SURVEYING INC CERTIFICATE OF AUTHORIZATION NUMBER (I.B. 7364) SURVEYING AND MAPPING COMPANY 445 9TH ST. S.W. Unit -7 VERO BEACH. FL. 32962 PHONE, C772) 569-6680 FAX, C772) 770-3446 14 hayhurstls •llys.com REVISIONS The Moorings Club (Hawk's Nest Golf Course) Right -of -Way Abandonment Board of County Commissioners March 6, 2018 03/06/2018 1 Location Map _..... _... __ . _ County -Owned Parcel a i .....�.�..... ......... .. %y ,................ T. Richt-of--Way Abandonment v. s rn�:ozm.amzma 2 J ' 6 / 8 �o.A.z W, 1 Aerial ra ��OVIta it 1 �•� a" n F-� � ` �� a* , -- County-Onned Parcel " '';. •t. . t �r� �-�� "� ' ..'<' : j �• t' e .: „"�l. <•} . .Y.�u".'.� � �i�•��_ yTU�/., � i:,� rrt+ �pY Y,�i',a%.M1". .a i +!f :� � '.;A:'4�i..%!f'F�`i ....'i¢ si1�.1� l y _ .. .!le r. ' "�•,�1. ,�,�1�,f' C } ra'%�.`,.-J�•�j:y,ylt`, ."'. v r Right -of --Way Abandonment 17 �' ` % �^' ' �'� xi'' ��;W"�.np�wy �� f•7 rt1'itAap �` fit, .. ,14 m -Yr w: hS• J . `6 r y 3 Analysis • Not formally improved • Not needed for access • County utilities easement being retained • Private easement agreement being provided upon recording or placed into escrow for subsequent recording 4 16r 2 Staff Recommendation ➢ That the BCC abandon the subject portion of right-of-way, with the following conditions: ➢ County utilities easement ➢ Private easement agreement 5 111 ---- c , I' II 1O� a�711f � _�i— uiU�t II I [milli I —' -- � ■, n Gm .: nm .uum ntC n •'" �4 46. illlll�' a • � IIG VUII I IU IIIII IIII III IIIIIIIUIIIIOlippl u I,ml-Lluu IU 111 I IW,W/p►ti 11= � hl� �i3-• ^ N 4uumu �In A c ti+ :.I 4 Sketch & Legal Description EXHIBIT A . a LG.K>atan � Iva�xedr � e(ovr .ow ,rrx a,'+txr Im .rs, wrr a e., ,.c o• re nom. � r..v'�'i > r�>r cP•sr�ui,e, nnrnFs%or«r'.rhwrdi i a w :Rr'xr ci w �:,"n" ee»enani•r� n t EXHIBIT 6 — ar >. •ct r t d ei. •s ai�n w° ru: eoa(rc rxR xn d ire r.ar. ¢<dDs a w.v ans costa, Hama ` cu>u Ixccm•o •, auoss iaeea �ir )rc irtt'xcny, o• it'e xocm ,n d ±ennen t> )ovw. >o<m. rv.x wAn YM1c cc ). noao+ A,o int at an, w w.r tK a mi rtdcrx c.nr %A,.rruxn oc'a�9tu'"es`M'i.�0.� .Ltaea'v"au a.(tiarn».. n�oo. m alG01.c t"`neLLOP�° 1 . rGattW. Y. �Awsr. ,PAtwar, na. � r;.w, .en Y(s, oenr d YAr spun ss�:rr a>.. (o iK hac(x am d s•r d s,oe, uor:.oxo lu zrosa> (R>. «>o e:rc m ro-ni « urara>. N 1MNLC COhrrY AtOw. 5ra W(>f I.rnl a WY ,.OY:n taYa�>' Lw•+t 6 tht 4Mn RI<n, d � •L,M �� 9� 1�eM >�i 1FGn a w Y�1K p3 iCwvaY.P lGo•3,WY•Y(,al. M• 0,x Tar 7yto>�•A n[t. �K[ �� Gi ALM>roa raYA'�+�H>Oe� �>i i1 �� f ,nCt< r :w a cto<, ceP>L Xaa. • mmct o• uaa rm, rnfrf uac a>o >a111 rrr,r d ?� '•r av me nwrt<cassrs soon 1— •soa iaan<<: etr,�.is:crn of + �Auo:+vac � P>GYl d , Iafr. G . �'�rt •�, rr�6CVm C101>Y vt>t x Z,,'S g ftt>. MK[ Mr%W NA,tMLOaG•K o�i:cRm sa-nara St. HOP SSD P� Ayr.nct aoam.>) rR,, irrcc m a rfvasf ....,. a.rf cwv.(L , nc • �1' G trre9r « eean rtR. • enr. or w•u'er.: erP�m � a yy xoa9, mno>iD1Ow<•'sdt uc . u+on 9srwu d w>co rtr. (o • ronc, iKn-< '. R11i. m oo'000P' Wnr. to rre sm scYm rrnr a WA>. • mucr a All a(lOO> i•9ti ro t!e �XA,n Mx.)Y. A Mar. a .Yqw, IR). x tOtm a .»Gn I[[t, x Rt'• « OYS>ta. F Ln4ba�GttH' t i(�K iG 1M > �� Or 1KlL( Ox . C»t•< .�,W 90.00 12.01 YGW SAO aOn:n rS-. d WT W F hOrir GJIfA,SI.K SO iK rR, Lr,O•D K4a,0 d SaDx eu>Pn'lA �A�O Cn09 patHKf a G> Oilt'fi, iMKC>O� A i�Q M�CTOm�.t� � DRi. 4�1M� p�ai(.q ItLt, • CtY n w'a, U'. , 4UYJ s e[•rPc d+0(n �zot* rest ♦v ♦ m v+n a .1%4 9» m=1 WN: Treasure Coast Newspapers I TCPALm Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 463755 - INDIAN RIVER COUNTY PLANNING/CDD 1923590 NOTICE OF PUBLIC HEARING Notice of a Pub Dates February 18, 2018 Sworn to and subscribed before me this day of, February 19, 2018, by aAwho is Natalie Zoll (X) personally known to me or ( ) who has produced — � W101 � - ------ q42�wn Karol Kangas Notary Public as identification. u r KAROLEKANGAS ;•8. r`•. Notary Public -State ofFlorkla Commisslon f GG 176041 •, °;;�lr^' My Gomm, ExplmsJul )9,2021 BondedlhicughNaaonalNolaryAsv� as identification. 2F 1 SUNDAY, FEBRUARY 18, 2018 1 TREASURE COAST NEWSPAPERS Te de Wak blit Notices ublic NODceS THING N071tE Oi PUBIIt NEARING NotlGe neadlg Beadl Florida 32%7. Immds to regEster the said name with ts F77Trv55 9ks5plash4GSl 611 IRM -St of a Pudic to colKidcr a pennon for Me the DiNsion of Carporatiom of the Naida Department of blit Notices dosing, barMonmenL d utlon of a rtlOn of 119th State Tallahassee Florida. Dated at Vero Beach, Fiadda, CRY OF FORT PIERCE NOTICE OF PUBLIC HEARING nls—el lying batwaen eloddtAs K this I. daffy G le marY� 2018. G'a* The City Commission of the CI[v of Fart Pierce. Florida. aM P M the Paradise Park UNA No. 3 SUbO1W51P-n, an0 Puk F. 18,2018 TCN 19281Oa eQIlPstfor Bids blit Notices lit Notices adeonwwwlPea<om www. NOTICE OF PUBLIC HEARING r emandsMrcom a by e.na0 EASE TAKE nOTICE that the Town Commission of me Town ¢even t0 Purc Bi ngMan- eger�f0ua.<om. Bld dOcu- of Sewall's Point, Florida, proposes to adopt the following moms are also a. Per le upon old l Me n a reading ane wgi hale apud 1 he dog9 t11n e8uea from the Purchasing Ordinance In the Town C fund ion Glamhers,at Or. aftx 7:00 Maria oft inne. 500 Boston pM on FebNary 77.2018: AVe, fort Pierce. Flodda ORDINANCE NO. 41S AN ORDINANCE OF THE TOWN COMMIS- FPUA tlICOUre9e: Minodty/ SI.N DF TNF T-- SFWAI I•:, Fl n..A. MFNDINn ir(And/Heating AIfR30URCEY . FS Eatlmates fYFE Servke CJ CaMa�cSk�yex�lr�SA/C 1�T1-QF,7601AQ Cn t your Service SEEKING INVENTORY Nowt yln cestvnKlewdry. �ae"oki a Iowr, tad. natwara (1711111-IT91 t/Floor C-mredng HINTON'S CARPET CLEANING Tne 8.,j dmOninlyyrtnilable T7b56b7761 IRC orJ<Repair CLOq(e51rB1�HOLLIS Jus Vi11aI Greco Dr. Pat St. Weil (772)135-2507 mPuter Services AAA AROI S COMPUTER SERVICE OeIL HP, and Ae CertlliN, 10 yn TmCHmne Srw Call -:55SS (771)M 47S71137 FIX ALL COMPUTER PROBLEMS FOR LESS Call Brian 772.301.1841 ncrete/Masonry Wo JERRY RIPPLE STUCCO omNl n anam crmswm ROY CLARK CONCRETE Patios, sidewalks a Urivewars Lic ar999 Ins. O633-OS7 ae0m (711) 6736057 IR tgntractorS/ElUilders JOHNSON Remodel, Reoaln,Caroevtry, se CanasOO- Peffe, A Urhnewey, T/1.6T1•a351 In. DRIVER - PT Pannmae�atar« w�tiNe yenPae°i aria I tlee'yPunu��a Se e'Irfoum.neL` oeeaaa4M66I ectriC Providers DAR RESCREENING Ww1 r1 R Kick 11Ra 51 Hingr6�Wlg�rae W h. Limns. Can(771)061619 �TiEED FD(ING?'� Harter Ca ems -30y 0• Crwm, cabinet .GW tdm' d misc, re0al CRC3331168 T72-584-2971.. RESCREENING A ccwaRpEPppAarrIRS tUmatesl (n1116LIS00 Al ERIC'S NOME REPAIR ABt olhsoio' atr5- saf( tlrywaf, windows, doors, etc, Free est. LIC/Ins. VCGC1509455 _. t7T17460-IU6 SL ane Services A�FRIEND IDWIED! ee, serretadal. erljn9. n1eiis°XtSs -t etc rrigation BLUE WATER i sprinMtts docks, wmpsa7lmLwps IemY T1332.7ra] IR I1R/IdVa15@WC ALEVERSONAL 1 EanaGARDENER IrduSnp WwEfD1111G Can.(r�31aN6as1 oNng &Storage AAA MOVING Firstfloor Special, STS/hr 2nd floor, S95/hr W/2 -hr min. in Indian River Co. Call 772-321-3680 es. de Wak 1 Hca IR HEENT1LE/WkOODINSTALLS THING Fleer aemditlons own-wa tler.00ppeett t«. Lluma. R/Teilerc/ ts F77Trv55 9ks5plash4GSl 611 IRM -St WSe C a1RC SPEROSp77LE SERVICE Butl�IINaTIIeI: lOurt free the *TING IC emovaL 5nower pan Alaee- mens ucnns mil se9`�Oas IR Ra tLL anspatation Svcs ar6 AIRPORT SHUTTLE SERVICE onenaa wpe a unna,me: Lkn: 10-R. i INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Chris Strange ADDRESS: 2235 1911 Avenue, S.W. Vero Beach PHONE: 760-271-2368 SUBJECT MATTER FOR DISCUSSION: Reduction of Lien for Demolition of Condemned Structure IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? a YES Fx7 NO IS THIS AN APPEAL OF A DECISION Fx YES ❑ NO WHAT RESOLUTION ARE YOU Consideration of Reduction of Lien on Property REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES F-1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown March 6, 2018 DocumenO 166 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 Indican 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: John O'Connor, President IAFF L2201 ADDRESS: 1818 Commerce Ave, Vero Beach, FL 32960 PHONE: 772-567-2201 SUBJECT MATTER FOR DISCUSSION: Gender disparity study / Pregnancy policy for IRC employees IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Fx I YES F-1 NO IS THIS AN APPEAL OF A DECISION F-1 YES Fx I NO WHAT RESOLUTION ARE YOU Gender disparity study / Pregnancy policy for IRC employees REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? Fx_1 YES 1-1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form X E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: Tuesday March 6, 2018 FACounty Admin\ExecAsst\AGENDA\Public Discussion Items Folmdoc 167 The Great Plains Laboratory, Inc. Requisition fir 506379 Patient Name: Patient Age; 7 Scx: M Toxic Compounds LET ' fipla, creadnine Industria/7oxitrants ,0,15 Toxic Non -Meta! chemical Profile Physician Name; MARVIN SPONAUGLE MD Date of Collection: 5/1412017 Time of Collection: 09:00 AM Print Date: 6113i2017 LLOQ. 75th 9591 ,�, ttrrrrrrtia�wl�mtnt 200 5,530 7,000 Portant; .MTOWME MTBE and ETRE are gasoline additives used to Improve octane ratings, Exposure to these compounds is most likely due to groundwater contamination, Inhalation or skin exposure to gasoline or Its vapors, and exhaust fumes. MTBE has been demonstrated to cause hepatic, kidney, and central nervous system toxicity, peripheral neurotoxicity, and cancer In animals. Very high values have been reported in genetic disorders. Because the metabolites of these compounds are the same, ETBE may be similarly toxic. 1,LOQ 75th 95th 5.0 150 850 Parent: Diethylphthalates Phthalates may be the most widespread gawp of toxins In our environment, commonly found in many bath and beauty products, cosmetics, perfumes, oral pharmaceuticals, insect repellents, adhesives, inks, and varnishes. Phthalates have been implicated in reproductive damage, depressed leukocyte function, and cancer. Phthalates have also been found to impede blood coagulation, lower test osterons, and after sexual development In children. Low levels of phthatates can feminize the mate brain of the fetus, while high levels can hyper -masculinize the developing male brain. LOQ 75th 95th 144 , -M 10 388 1,220 Parent: Xylene Xylenes (dlmethylbenzenes) are found not only in common products such as paints, lacquers, pesticides, cleaning finds, fuel and exhaust fumes, but alto In perfumes and insect repellents. Xylenes are oxidized In the Over and bound to glycine before eliminated in urine. High exposures to xylene create an Increase in oxidative stress, causing symptoms such as nausea, vomiting, dizziness, central nervous system depression, and death. Occupational exposure Is often found in pathology laboratories where xylene is used for tissue processing. LLOQ 75th 95th M"` 9 �.•, 110 5.0 255 394 Parent: StyrenwEthyfbenzene Styrene is used In the manufacturing of plastics, in building materials, and is found in car exhaust fumes. Polystyrene and its copolymers are widely used as food -packaging materials. The ability of styrene monomer to leach from polystyrene packaging to food has been reported. Occupational exposure due to Inhalation of large amounts of styrene adversely impacts the central nervous system, causes concentration problems, muscle weakness, fatigue, and nausea, and Irritates the mucous membranes of the eyes, nose, and throat. U00 - Lower Umit of QuenticoKon "N.D. - Not Detected Testing Performed by The Greet Plairm Laboratory, Inc„ Lenexa, Kansas. The Gnat Plains Laboratory has developed and determined the perfennanoe ttharactaristtcs of this test This test has not boon *valuated by the U.S. FDA; the FDA does not cumm* ragulato such OsaHrrg. / A 21$t3 West 7 th Street Lenexa, KS 682.24 1 W:O a41 -OW i Fax: {9131341-6207 I WWW -GK 4tl c0m The Great Plains Laboratory, Inc. , Requisition #: 506379 Physician Name: MARVIN SPONAUGLE MD Paden( Name: Joshua Murdock Dato of Collacrion: 5114/2017 Patron( Age: 7 rime of coilecdan; 09:00 AM Sax: M Print Date: 6/13/2017 Toxic Compounds Retiult upiq creat(nfno awl _y LLOQ 7th 95it1 tdA: .0-20 1.3 3.3 Parent: Benzene Benzene is an organic solvent that is widespread In the environment. Benzene Is a by-product of all types of industrial processes and combustion, including motor vehicle exhaust and cigarette smoke, and is released by outgassing from synthetic materials. Benzene Is an extremely toxic chemical that is mutagenic and carcinogenic. High exposures to benzens cause symptoms of nausea, vomiting, dizziness, lack of coordination, central nervous system depression, and death. it can also cause hematological abnormalities. LLOO N.D. 1.0 95th 256 Parent., Acrylonitrile Acrylonitrile Is a colorless liquid with a pungent odor, it is used in the production of acrylic fibers, resins, and rubber. Use of any of these products could lead to exposure to acrylonitrile. Smoking tobacco and cigarettes Is another potential exposure. Exposure to acrylonitrile can lead to headaches, nausea, dizziness, fatigue, and chest pains. The European Union has classified acrylonitrile as a carcinogen. LLOO 75th 95th 4.5 ; 2.0 5.5 15 Parent. Awchlorafa This chemleai is used in the production of rocket fuel,, missiles, fireworks, flares, explosives, fertilizers, and bleach. Studies show that perchlorate is often found In water supplies. Many food sources are also contaminated with percholate. Percholate can disrupt the thyroid's ability to produce hormones. The EPA has also labeled perchlorate a likely human carcinogen. Patients that are high In perchlorate can use a reverse osmosis water treatment system. LLOO 75th 95th 1.0 1,8 5.6 Parent: Diphenyl Phosphate This is a metabolite of the organophosphate flame retardant triphenyi phosphate (TPHP), which is used in plastics, electronic equipment, nail polish, and resins. TPHP can cause endocrine disruption. Studies have also linked TPHP to reproductive and developmental problems. 11813 West 777th Strut Lenexa, KS MU4 1 (913)341-0949 1 Fax;'igig} 341-62A) j WWW -GPI -4U -COM The Great Plains Laboratory, Inc. #daqul 1001? #; 506379 Physician Name: MARViN SPONAUGLE MD pat/tent Nttms: Joshua Murdock Lute of Collection; 5/1412017 PRrinnt Aft*: 7 Tann of colloctlont 09:00 AM Sow M Print Data: 6/13/2017 Toxic Compounds Ra4uti ' ` jtgtyf crerttinine LI -00 75th 951h NA 0.80 1.7 4.8 Parent: Ethylene oxide, Vinyl chloride, Halopropane High HEMA may be due to exposure to ethylene oxide, which is used in many different industries including agrochemicals detergents, pharmaceuticals, and personal care products. Ethylene oxide is also used as a stertlent on rubber, plastics, and electronics. Chronic exposure to ethylene oxide has been determined to be mutagenic to humans. Multiple agencies have reported It as a carcinogen. Studies of people exposod to ethylene oxide show an Increased incidence of breast cancer and leukemia. Ethylene oxide may be difficult to detect since it Is odorless at toxic levels. High HEMA may also due to exposure to vinyl chloride, an intermediate In the synthesis of several major commercial chemicals, including polyvinyl chloride, and used in the past as an aerosol propellant. Exposure to vinyl chloride has been associated with increased incidence of autism. High concentrations of vinyl chloride may cause central nervous system depression, nausea, headache, dizziness, Over damage and liver cancer, degenerative bone changes, thrombocytopenia, enlargement of the spleen and even death. To reduce exposure to vinyl chloride, eliminate use of plastic oontalnem for cooking, reheating, eating or drinking (especially warm or hot) food or beverages, Replace these containers with glass, paper, or stainless steel whenever possible. Elimination of vinyl chloride can also be accelerated by sauna troatment, tho Hubbard detoxification protocol employing niacin supplementation, vitamin B-12 therapy, by ghttathione (reduced) supplomontation (oral, Intravenous, transdermal, or precursors such as N -acetyl cysteine (NAC)). 1.1-00 '75th 95th 4.0 11 Parent: 9-brwmopmpane 1-bromopropens Is an organic solvent used for metal cleaning, foam gluing, and dry cleaning. Studies have shown that 1 -BP is a neurotoxin as well as a reproductive toxin. Research Indicates that exposure to 1 -BP can cause sensory and motor deficits. Chronic exposure can lead to decreased cognitive function and impairment of the central nervous system. Acute exposure can lead to headaches. LLQGi 75tH 95th OIL - r w .rms 18 ; 4.0 101 403 Parent: Propylene oxide This chemical- is used in the production of plastics and is used as a fumigent Propylene oxide Is used to make polyester resins for textile and construction industries. it is also used in the preparation of lubricants, surfactants, and all demuisltiers, It has also been used as a food additive, an herbicide, a microbicide, an Insecticide, a fungicide, and a tnit7clde. Propylene oxide is a probable human carcinogen. 11823 west 771th Sireeet Lenexa, KS 66234 1 t913i 341-x949 1 Fax: Q" 3416207 I .GAL.4U.com TI-io grafi Plains Laborator y, Inc. Requtshfon 9: 506379 Physician Name: MARVIN SPONAUGLE MD Pa€ran€ Name: Joshua Murdock Hate of collection: 5114f2017 Psifent Age., 7 rip"n of Coftestr"on: 09:00 AM Sex: M Prfn€ pate: 6/13/2017 Toxic Compounds tiesu�z 11919 creatinine 7 Sth 9 51 t1 94 4.0 82 199 Parent. Acrylamide Acrylamide can polymerize to form polyacrylamlds. These chemicals are used in many industrial processes such as plastics, food packaging, cosmetics, dyes, and treatment of drinking water. Food and cigarette smoke are also two major sources of exposure. Acrylamide has been found In foods like potato chips and French fries. This is because asparagine, an Important amino acid for central nervous system function, can produce acrylamide when cooked at high temperature in the presence of sugars. Foods rich In asparagine Include asparagus, potatoes, legumes, nuts, seeds, beef, eggs; and fish, and are potential sources of exposure to acrylamide. Nigh levels of acrylamide can elevate a patient's risk of cancer. In addition, acrylamide Is known to cause, neurological damage, • M 75th 95th 13j N arxty�(3,4 rtihydrgzybuiyri}cysteine (KALI '391 4.0 374 583 Parent: 1,3 butadiene This is a chemical made from the processing of petroleum. it Is often a colorless gas, with a mild gasoline -like odor, Most of this chemical is used in the production of synthetic rubber. 1,3 butadiene Is a known carcinogen and has been linked to Increased risk of cardiovascular disease. Individuals that come into contact with rubber, such as car fires, could absorb 1,3 butadiene through the skin. The Increased use of old tires in the production of crumb rubber playgrounds and athletic fields is quite concerning since soccer players on such fields have increased cancer rates, Organophosphate Insecticide Metabolites LLOQ7Sth 913th 4.0 9.1 Parent., Origanaphosphates Organophosphates are one of the most toxic groups of substances in the world, primarily found in pesticide formulations. They are Inhibitors of cholinesterase enzymes, leading to overstimulation of nerve cells, causing sweating, salivation, diarrhea, abnormal behavior, including aggression and depression. Children exposed to orgenophosphates have more than.twice the risk of developing pervasive developmental disorder (PDD), an autism spectrum disorder. Maternal organophosphate exposure has been associated with various adverse outcomes including having shorter pregnancies and children with impaired reflexes. 34, LLOQ 75th 95th 0,60 2.7 12 Parent: Organophosphates Organophosphates are one of the most toxic groups of substances in the world, primarily found in pesticide formulations. They are inhibitors of chollnesterase enzymes, leading to overstimulation of nerve cells, causing sweating, salivation, diarrhea, abnormal behavior, Including aggression and depression. Children exposed to organophosphates have more than twice the risk of developing pervasive developmental disorder (PDD), an autism spectrum disorder. Maternal organophosphate exposure has been associated with various adverse outcomes Including having shorter pregnancies and children with impaired reflexes. nai3 West 77th Street Lenexa, KS 66214 1 (913)341-SUg 1 Fax(g13)34i-62o7 I wrwrw.GPLAIJ.com K The Great Plains Laboratory, Inc. , . Rngulat#on N. $06379 Physician Nance: MARVIN SPONAUGLE MD Pat4nt Nfinic Joshua Murdock Date of Collection: 5ti4iY017 Patient Ago., 7 rime of Collectiam 09:00 AM Sax; M Print pato. 6/13/2017 Toxic Compounds 1"ult 49 craltinlna Herbicide LLOQ 75th 95th ♦ 0.32 0.20 0.50 1.9 2,4-Diohkorophanoxyacotie Acid (2,40) Is a very common herbicide that was a part of Agent Orange, which was used by the U.S. in the Vietnam War. it Is most commonly used in agriculture on genetically modified foods, and as a weed killer for fawns. Exposure to 2, 4-D via akin or orel Ingestion Is associated with neuritis, weakness, nausea, abdominal pain, headache, dizziness, peripheral neuropathy, stupor, seizures, brain damage, and Impaired reflexes. 2, 4-D is a known endocrine disruptor, and can block hormone distribution and cause glandular breakdown, Pyrethroid insecticide LLOQ 75th 95th 0.03 +i 0.30 1.0 5.6 Parent: Pyrethrolds - including Permethrfn, Cypermethrin, Cyha/othrins, Fanpropathrin, De/tamethr/n, Trihatomethrin Pyrethrins are widely used as insecticides. Exposure during pregnancy doubles the -likelihood of autism. Pyrathrins may affect neurological development, disrupt hormones, induce cancer; and suppress the Immune system. Res ati c"at mmgVmol Marker for Mltochondria Function LLOQ 75th - 95th 0.04 4.7 11 Tlglylgtyckte (TG) Is a marker for mhochondrial disorders resulting from mutafkoros of mitochondrial DNA, which can manifest from exposure to toxic chemicals, Infections, inflammation, and nutritional deficiencies. TG Indicates mitochondrial dystunction by monitoring a metabolite that is elevated In mitochondrial deficiency of cofactors such as NAD+, flavin -containing coenzymes, and Coenzyme 010. Disorders associated with mitochondrial dysfunction Include autism, Parkinson's disease, and cancer. 67 5 118%3 West 77th Street Lenexa, KS 60914 1 x9431341-8949 I Fax(9111341-6207 I www-GPLAIIACOm 4 `The Great Plains Laboratory, incl l y� (r7L 0 0 s(J/ Toxic Non -Metal Chemical Profile rte•,„,..,.,.,, rt ,52;213 �'t+pvir.•an nt•,mr, MIARVIN Sf'rll,lAI Jni r r•tr 1^;rio nr C..: 'ire, t,nn �= 45 .. Tmn nt ro!inf.+.nn M rrtr,t 0,11,. 211512n i F Toxic Compounds Result 7} Ng/g creatinine I1141Isfrir7l Toxicants LLQQ 75th �t5if+ t t raj 31a�'j�llt3:)'Jillttly`JtLNC?lill} 5,626 t.__. 20 5.53 nni 0 P,atnnt- MTBE/ETBE W fif ,ind t JHE ern. gasoline ariditives used to improve octane ratings, Exposure to these compounds Is most IikPly due to gmundvdater rrrrtanmuttlnn, rnhalatinn or skin oxposure to gasoline or its. vapors, and exhaust fumes. MTBE has been demonstrated to cause hepatic kidnry, and cnntrn! nervous system toxicity, peripheral neurotoxicity. and cancer in animals Very high values have been reported in stent-Gc dr nrdern Rpnouse the, metabolites of these compounds are the same ETBE maybe similarly toxic. LLt.1Q 75th 95th 5.0 1513 RFn Paront: Diethyll)itihalates Phlbalatns may be thr, most widnsprrad group of toyins in our environment, cornmonly found in many bath and beat.ity pindur.ls, r.osmaiti.s l,rrtumns. oral pharmaceuticals. Insect repellents. adhesives, inks, and varnishes Phthalates have heen implicated in+enroductlVe. damage del»r.s4tsrl leukocyte function, and cancer. Phthalates have also been found to impede blood coagulation, lower teslosterone, and alter enol dr�vclnpinent in children I ow levels of phthalates can feminize the male brain of the fetus, while high levels can hyper-masr:uhnl7e flits flovolnhing male brain LLOQ 75th 95th x #'�=3l�iIS�i4 M. [Matin�t,1 a 219 10 388 7.220 Parnt7f: Xylene Won-, (dlnirihylbonzenns) are found not only in common products such as paints lar;rfuP.rs. prysticides. cleaning fluids, fuel ant nyh iusl liar also in poifunms and insntf repellenls Xylenes are oxidized in the liver and bound to giyr:ine before eliminated tit urine itirth rrirn,urr�, in xylrnnr cr'nsite an Increase In oxtrfativ(, stress, eau5rnq Symptoms such as na USea. vomiting, dizziness. central rmivnus �y4(ra tt ,fr nrr+, ,Inn ami fionth rincupitional rxpostue is offen found in pathology lahoratones where xylene iS used far IiSS;lP prnnessing, LLQQ 75th 95th 96 NIII��1� 5.0 255 394 Parent: StyrenrVEthythenzerte Slyrenn Is used in the manufacturing of plastics, in building materials. and is found in car exhaust fumes Polystyrene and its nopolymeis are widniy itsrd ns.food-packaging maleriais The ability of styrene monomer to leach from polystyrene packaging to fond bas herrn reondad, Cnr;rignational ovposure due to inhalation of large amounts of styrene adversely i npaMs the central nervous system, causes concentration ptnirlrms mu(;(,JO vmakness. fatigue. and nausea, and irritates the mucous membranes of the eyes. nose, and throat '11 syn • Lowrvr Limit ai"Quantitotion "N. D. - Not DAt"ted Tostinq performed by The Great Plains Laboratory, Inc, Lenexa, Kansas, The Greif Plains Laboratory has developed and determined the- prriorrnanct+ shararterisfics of this test. This test has trot been evaluated by the U.S. FDA: the FDA does not currently regulate such tnstinq. / 11813 West 77th Street Lenexa, KS 66zi4 1 (913)341-8949 1 Fax: (913) 341-6207 I www,GPL4U.rom h� C -71-c" 1 Plah Lal)oratory, lncC rr 556213 .'rrt.gr r,r<r 11:-1., MAW1111 *,P NA! x d t 1-11 1 Stephen Murdock • ,.. , , d' �,,. „r • tn, , rr•.•. fm no 0,A 1di ,., ..r 711 rt/,'flit Toxic Coni potinds Result M JIM 71 ' pg/g creatinine r LLOQ 75111 EM Q-39 s. 0.20 Pat -not: Benzene Benz(, fie is an organic solvent that is widespread in the environment. Benzene is a by-product of all types of industrial proc:esst'n Ind r omf>ustion including motor vehicle exhaUSI and cigarette smoke, and is released by outgassing from synthetic malnri ils llert?erw is an rfr;-m,ly town. r,}ncnliCal 111,11 Is. mulagenic and carcinogenic High exposrrre5 in benrnnP. Canso svn111ton1s n(naucra;i unnpfuut rii�7uict.v ;:F t + ,: ar1u11tr«rr r.nrltr'al Ilet Vol r; sv!,I(,fit (jet)(essron ani) tf= {+1 if c?u assts r.art',r treniatnfogi:,1I abrrnrn,al{t{t: , LLOQ r Paront.- AcIlytionitrite Aarviontirile is—i calorics!, liquid with a pungent odor It is used in the production of ar'.ryhc fibeirs resins miff rilbb(I{ t it,r t,C :,r1y ref lhr•a 1 usfitr,tr,rt�!Irl ht.'td to rtdposUir to ?Crylnnrinlr- Smokrnrf tobacco and rigarc:tte is annlher potanttal r:xposmo f x1111" o If, of iy1nrrdnlr. t:,ot ur,,rt lr, I,r•,ta 1r.tu;s n,nrsEsa, !frzzmrs4. fatigue, and chest pams 1 he t wopeiui Union has af;rylurtdUdr+, as. ;t crutmrlrfrn LLOQ 75111 lr:tt 194 103M 27 r'arru,/ r'rtrII1n,aln I Itis rhr:rtl't M is u"ed in file ploductlon of rocket 11.101. missiles. fireworks, flares. explosives. (prtilizers, and hir'.ar h. Siuriles show that I}or+;tllo=ale is often found in water supplies Many food sources are also contaminated with pereholate Perrholate call d+srupf 1110 ihvrnuf . tih'hfy in p? ortilce hormones. the EPA has also labeled perchlorate a likely human carcinogen halretlts 1}1,11 are histo in pr.rrlrfrnafe r,ar1 if,,, ;i rcuorse osmosis water treatment system LLOQ 75th `15t5tf1 0.12 r%it, lit llrfllrr?rtyl P/KrR/)/)a1l7 1 hi ; 1,.:I motal;olile rrf thn orrlanophoF-phase flamr~ retardant lriphr?nyI phos ftntn r1 PI IM which is user} u1 plaaires r Irr.;rr'aut, t••Iuipillonf n.ni t-t+fs^t, ;;arri ;r•ctnr fl'tif' r:att cause rtndoCnne dismi Hon Studios have also lif*ed 11'110 to replorfuciive and (Mvc1ol,illetll;ll iaohi,•t11:. 11813 West 771ll Streot Lenexa KS 66914 1 191,1) 341.89119 1 Fax (911) 341-1 wunu r,I,' 'iI I -Hili Thr Cjrr it Plains Lal?or,atory, Inc. 556213 Stephen itAurdock AA Toxic Compounds P64 IM t'i, 1'.Str+3,1 Al" iii+' i � ztr n! C�pnr h•,,, W, LLOO 75th >4 'le t 0.80 1.7 Mf�tanr.t .`if'r)NAl;i,i I', h91 a OR r,0 APA 211 G'201 r', Parrtif: FMylenr oxirtr„ Vinyl r hloride, Halopropane I tioh I if PAA may tit' ruin, to exposuin to ethylene oxide. which is used in many different industries including agrochemtcats deterrienti, d•;rr„i,ttJ',li+r:;tts send personnt rare products Ethylene oxide is also used as a steritant on rubber, plastics. and etectronlr,s Chronir: uit”"'Ifo In (1hylr'no nxlrtr+ has linen rielormined to he mutagenic to humans Multiple agencies have reported it as a carcinogen Slurhns M o, gilt—ocv,ed lit othylnnr, oxide shnµt an mr:reasnd inr:tdence of breast cancer and leukemia_ Ethylene oxide may be difficult to detect nor r n t' '� lofff'y' of tn+irr, IovrlF, f ilia, 11f t lA may ,list:) duo to exposure to vinyl chloride, an intermediate in the synthesis of several major commercial chnmicats. includino polvolivl r blonde. Kind used In the past as an aerosol propellant. Exposure to vinyl chloride has been associated with increased incidence, of ,ru11°•itt I filth cona:nttahons of vinyl chloride may cause central nervous system depression. nausea. headache, dizziness. liver damage :ind live -t r ancnr, dntletierative bone changes, thrombocytopenia, enlargement of the spleen and even death To reduce exposure to vinyl r,hlry Iris chmiinato. use of plastic containers for conking. reheating, eating of -drinking (especially warm or hot) fond or bPvcra%ies Replan Itx: ;r• " nnl;alnnrs with ttlass, paper • or stainless steel whenever possible Elimination of vinyl chloride can also be accelerated by 'aerie lir,tirtl"'Ij iltn tiithhatd drinrffiration protocol employing niacin Supplementation, vitamin f3-12 therapy. by glutalhionF; frf dur.ed, "tipple nir",kilvin inial mtravnnnnr',. transdermal. or precursors such as N -acetyl cysteine fNAGII, LLOQ 75th 4.0 11 4r Parent: 1-hronmpropane lit r,rrir t,rtit 1,inr' I'; :in nul'inrr, .nlvnni llswf fnr molal nlesninq, foam riluinn. and dry cfeaning Slirdirt,, have shown ;hat '-141" i= al ivnitntoyitt it .I' ,, it t'I0dIIratvr toxin fin>t �rr,ii lndiraln, that nxttnaurn in 1 -BP ran cause son;nry and motor deficits Chronic nxprl,;Ilro r,In tr'an Ir'rl, ,it,rrl ngndlvc funcUun ,Intl Impainnr.nl of ilii. cnnlral nervous systnrn Arute, exposure rt+n lead to headarhes •O 75th qYh 4! N•aca 12.h drnx to i c arsine tMAtlw� . 0 101 Pyrnttt: Pf-rinyfrrtn r1XidP t til I„ wl,"It rtl'.i d In !hr: merit mlinn of plastirs and Is 115ed aR a furnlgant Propylene nxide is used In make onlvnStr-t r—,in,. fnl terlllr .root r.nn'a trine Indtirstnr"s, it i,a alsn used in thr, preparation of lubricants. surfactants. and oil demulsitiers it has alai been ttse.d as a for t ,Siiriltlut' on ttr;rhlcicir:. a mirrohiridc. an Insecticide, a fungicide and a millcide. Propylene oxide is a probable human rarrinogen. IZ7�f 11813 West 77th Street Lenexa, KS 66ziA 1 (913) 341-8949 1 Fax: (913) 341-6207 1 www.GPl-4U.com The Great Plaids Laboratory, 111C. 5562't:� P!fap'att� `.,i'(",NA.UC.1 t- Nit' St�ptten PAurclo•-k fit OR OX) A rVI Toxic. Compos ndS Result pgtg Creatinine LLOQ 75th12) N-acetyl-842-cerbamoylethyl)cystaine(NAE) 46 }}, ANN 4.0 82 Pttt-nrri t3rrytarrtiEfr, £it'r.ute'.1e =;tn polynv�ri:n to loon pralyacntlamlde These chemicals are user! In many industrial processes suctt a1, 01slir:s fond mintj. c:nr.mr-lic.s, rives, and Ireatinent of drinking water. Fond 2nd clgaretle smoke are also tv,ro nr<tlor SOurr:es of expo:.ure !)o:' harm four,.d qt foods like potato chips and French fres this rs heGause: asparayirt<: an unporb3nl ^mina ti lC1 1r} .r.nhal rvr'tr:, :,�',trm ftutrt+rrn r:an proriure acrylamide when cooked at high ternoera;tore in the presence of sonar, I, ond5 nrh nt jS1,,3,;i'iint; 3•ir.{itrfe ast-mr:?(Itis pola:fies legumes. nuts. seeus, beef. eggs. and fish. anti are. potential SOUrrr?fi of exposure to af-.rylantrdit I Will I'v('I', "t ,trt,f! t:nt£je ran r'Eeva;r: <3 patir>n(S risk of cancer. to adcltt:ort acrylamide is known to causr: tteu3olocj3cnl r)atnaue 13) N atogl(s rwlnyaroxybutyljcystoinb (NA S) :; : Palont: 1.3 butadiene IN!, i,, :3 (.heroical 3nari,>, from the processing of pCtt'rlteLiltt it is often a colorless gas with a mild ga:.ohne likr; ndOr I'An•:I of tlu, r hr•nura3! r. �p.r:•{ fit ihr, nrr,rfuctlnn of $VltthCtlC rtibbrl 't,;; butadiene is a known r.at CinOgr:n and fins been linked to inr:rCa Std m k of c.r��rl3nur<.rnl,rr Tilt:.i"rStd3 fonts; that rnmri irtit C.nnia ; 'r�tih rt3bttt'r '>ti tt +s ca3 ;rtes t.ouid 2hsor'l, 1 3 btrtndwlir•, throtrrji+ ttv. %1'113 !Il.. r c;3t'rt.•,.ti ir'.t old !tit 1, w till• nrorlticlion of crilt3t!) ruhht r pt2ygrounds and aihlOic fields is 'little +;t>t;CCrnrttG Stn(!? Snr;t.Or plavr'.rt: off `.41r_kt ?i+�{,j•, }t.ivv hu.rr•:,:;rv1 ,artier r2tt.r: nrt-arinlVios' ?lute lrasecticirle Metabolites LLt}Q 75th 1 �•.,': 4.n 13.1 t F'arerrl. Or�anopNnsphates ! hrj:utni;hnsi`hates ar', orie of the most toxic groups of substances in the vrorld. primarily found in peslicide fnnnul;01(m . T I}ny tri' tnluh'I.,, f ;.hn!tnr•=aerase r,myrnn%. it aching to nvr--'Stimulation of nerve cells, causing swrtat:n!.t s2livation. diarrhea. ,Avottnal fmitnvipt inNtrrtintt ;Igrt3( 4}Xtrl and depression Chillifen t,xposfid to organophosphales have More, that) twice IN, £i9k (it devirlopmri prti r iswo dr•vvltttz'ttrt,t.d li r tlrt ii IM).:ul milt•:m spr:rlrum disrirdnr Mdr:rnal otginnphosphalo exposmvt has hQP11 as nr.talr;rj vAl3 ir.rr,lti, mlvn.i'.r; rulrmm- r• •, -I'milo t,trv!er tr" rp3anC.n., rod ".hlidrr rn ,v303 lntpa:!mi rnflext's t_LOQ 75th 0.29 Y '' 1).60 2.7 r>.3rr'W Or rpt rrr>lrhr>,phafps i in, , !�..�.t't,:1lr>g a;r• fir•+': 01 ll:o most tnYir wolifis of �i+hs!anc,8 in the world. t omprily fn,ritd €oim ,iatiow, 'fhny 3r r33httetrr •{ ; h"ilu:rSL rpt i; r"n�y�nrr . tr;<trtln'1 to tier=tstlrnula;i ,a of nr��rvr, rctt = t'8r1Si+ut s, rreatinc; salivnttnn di rrhea ahno"tn.3l li-hi3virH tnratirli3nt f.hildreri exposed to ulrlanot hrisphat6s have more than lavic(I Ole risk rd dovralop'ng pnfVW,,vr' d(`:vo!r,iur' nl:3i ,w"'r Jrm OT)O). an ar.rtt;;nt specifurn disorder Mmtr=titai organophosphal r:xposuic has ber-:n ass,or ialr ri With va!tnu'.:ad,wr,.,, (;,Ile rit ,•. -'vt•u!it'tl l+:t:r;n{} t;hnrtr's #,£„cttt:anCtr:s'Ind r;hildren .rrith trttf"aired ref;rrr's 11813 West 77111 Street Lenexa, KS 6621A 1 (913) 3411-8949 1 ' rax' (913) W-t;anq t wvr,t, r;f't s i • 'I"' The Great Plains Laboratory, Inc. 556213 Stephnn Mtirdock J'•,hnn' Ar1�. A5 Toxic COMPOUnds Herbicide Darn rtf Cotlr+r.hnn rine of r.'nttnrtion Print Date: ResultNe ' pgtg creatinine f,WkRJitl t ,rtitu;; nt: ^;r ,n, ss 09 MCI AM 2115/2018 LLQQ 75th I iuStt:'' :S"" 77 0.81 r 0.20 0.50 a (2.4-D) is a very common herbicide that was a part of Agent Orange. which was used by the U S in the ✓tntnarn War It i,, most commonly used in agriculture on genetically modified foods, and as a weed killer for lawns. Exposure to 2. k -D via r:kin or oral ingestion is associated with neuritis, weakness, nausea. abdominal pain, headache, dizziness. peripheral neuropathv. stupor. sel7urn , brain damage. and impaired reflexes. 2. 4-D is a known endocrine disruptor, and can block hormone distribution and cause glandulae hroakdown. Pyrethroid Insecticide LLQQ 75th 95th 17) 3-Phenoxybenixotc Mid (SPBA) 0.30 1.0 a Parent: Pyrethroids • lnchiding Permethrin, Cypermethrin, Cyhalothrins, Fenpropathrin, Dettamethrin, Trihalomethrfn Pyrethrins are widely used as insecticides. Exposure during pregnancy douNes the likelihood of autism. Pyrethrins may affect neurological drvnlopmnnt, disnipt hormones, induce cancer. and suppress the immune system. tttt' 61/miii`` Marker for Mitochondria Function LLQQ 75th 0.04 4.7 ,r7lylrt1yrtnv (I C) il, a marker for mitochondrial disorders resulting from mutations of mitochondrial DNA, which can manifest froth eynoswc to fnx,t. , hnmirals, infections, inflammation, and nutritional deficiencies TG indicates mitochondrial dysfunction by monitoring a metabolite lfml is: elevated in mitochondrial deficiency of cofactors such as NAD+. flavin -containing coenzymes. and Coenzvme Oto Disorders a .:+oriatr d with milochondrial dysfunction include autism. Parkinson's disease. and cancer. 11813 Voest 77tH Street Lenexa, KS 66214 1 (913) 341-8949 1 Fax: (91,3) 341-6207 I www.GPL4U,c0m DEPARTMENTAL BCC Meeting 03/06/2018 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Assistant County Administrator / Department of General Services Date: February 27, 2018 To: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Beth Powell, Conservation Lands Manager Subject: Jones' Pier Conservation Area Public Use Improvements — Project Update and Status of FEMA Project Worksheet #796 I. DESRIPTIONS AND CONDITIONS — PROJECT UPDATE In September 2008, the Board of County Commissioners purchased the historic Jones' Pier Conservation Area (JPCA) under the County's environmental lands program. The subject waterfront property consists of approximately 16.5 acres located on south Jungle Trail. The property was acquired for conservation and historic preservation purposes with a 45% cost -share grant ($3M) from the Florida Communities Trust (FCT). As a condition of the FCT grant award, a management plan was created and approved by the BCC. Certain special management conditions include public parking, a picnic pavilion, stormwater or other pond, nature center (featuring the Jones' home), trails, education signage and ecological restoration which are required as a part of the funding agreement between the County and FCT. The special management conditions are included as an attachment as Attachment A. Structures on the JPCA include the main house; a detached garage; a guest cottage; an improved dock and observation pier. Mr. Jones resided in the home under a Caretaker's Lease Agreement with the County until his death in March 2011, at which time the County began the transition into management and maintenance of the property. In March 2013, the Board approved a Florida Inland Navigation District grant to improve the two docks on the site. The grant was awarded and the County completed the necessary repairs to both docks for the purpose of public access in June 2015. From May 2011 until Hurricane Matthew in 2016, the main house was under a lease agreement with an Indian River County Sheriff's Deputy for the purpose of providing on-site security, grounds maintenance, and other services. During the time in which the deputy and his wife resided at the main house, repairs and improvements were made to both the main house and guest cottage. During 2015, the guest house was serving as an educational post with minor site improvements that provided for limited public education. The larger dock is currently open and utilized by the public. The small dock was damaged during Hurricane Matthew and is currently closed due to damage. 1 168 After Hurricane Matthew, the main house and guest cottage were damaged by storm surge and flooding. Staff determined the house was not fit for habitation and major repairs were necessary including the removal of water damaged dry wall, cabinetry, and flooring. The lease was subsequently terminated and the damages were listed with FEMA for funding eligibility to repair damages. Both the guest cottage and main house were professionally dried out and assessed for damages. Staff is currently managing multiple opportunities for public access improvements to the site: • FEMA Project Worksheet #796 for repairs to the main house and observation dock to pre -storm condition (see Attachment B — PA -04 -FL -4283 -PW -00796(0); Subgrant Application PA ID No. 061-99061-00 — Project Number IRCAG03) • MBV Work Order No. 5 for designing the public access improvements — 90% complete • Division of Historical Resources Grant for the reconstruction of the Fruit Stand and educational signage — submitted and awaiting funding allocation from the State's approved 2018/19 budget. • HMGP grant application to elevate the house and to mitigate future damage — in review with HMGP. • MBV Work Order No. 10 for the conceptual design of the stormwater pond/wetland restoration — 90% complete. • IRL NEP grant application to construct the stormwater wetland/pond/wetland restoration — submitted and in review. HMGP Application — Hurricane Matthew: A Hazard Mitigation Grant Program (HMGP) grant application has been completed to elevate the house and is currently under review. The current estimate to elevate the structure is $69,400. This may occur simultaneously with the site improvements (parking, restrooms, etc.) or may be completed independently. Under HMGP funding, the County would provide a 25% match ($17,350) and the grant would be issued and approved prior to any work. Division of Historical Resources Grant Application: On May 2, 2017, an informational item was presented to the Board regarding application to the Division of Historical Resources for the Jones' Pier Fruit Stand (and other educational information along Jungle Trail and the Indian River Lagoon). The grant was reviewed by DHR and staff has been informed that funding is likely. The funding allocation through DHR has the potential to be $27,500. If funding is awarded by DHR and accepted by the Board, this portion of the project may move independently of other improvements. MBV Contract: On May 9, 2017, the Board approved Work Order No. 5 for MBV Engineering, Inc. to complete Site Plan, Design and Permitting for the public use improvements to the Kroegel Homestead, Hallstrom Farmstead and Jones' Pier Conservation Areas. The scope of services under this work order include site planning, design and permitting for pedestrian paths, parking, restrooms, water and sewer utilities, existing driveway modifications, minor drainage with swales and culverts, sidewalks and ADA access to bathroom facilities where applicable. To date, the site plan is in its final stages of development and is approximately 90% complete. All survey work required for the site plan has been completed, coordination with the City of Vero Beach on utilities, coordination with St. Johns River Water Management District on stormwater permitting requirements and a preliminary schematic of the site homestead area. The current approved work order approved for the Jones' Pier Conservation Area is $28,250. On January 23, 2018, the BCC approved Work Order No. 10 in the amount of $6,500 for MBV Engineering, Inc. to complete an overall stormwater attenuation plan which will include restoration of 2 169 herbaceous wetlands and a surface water feature. This plan was incorporated into the Indian River Lagoon National Estuary Program (IRL NEP) grant proposal. The BCC also authorized staff to apply for the IRLNEP grant under the same agenda item. A copy of the IRL NEP Jones' Pier Conservation Area Restoration Grant is available in the Board of County Commissioners Office and is also in the scanned version of the March 6, 2018 Board of County Commissioners Agenda Packet found at: htti)://www.ircgov.com/Boards/BCC/03/06/2018. For reference, Attachments C and D provide a conceptual site plan and timeline, respectively. Summary of Proposed Improvements: Phase Structures/Features Preliminary Potential Net Cost to Potential County Funding Cost Grant Funds County Grant Fund Source Estimate* Refurbish & $125,000 $ $125,000 Con Lands Repurpose Main CIE/Insurance House Elevate Main House $69,356 $52,017 $17,339* HMGP Grant Con Lands CIE/Insurance Fruit Stand Replica $33,000 $19,000 $14,000* Division of Con Lands CIE Historical Resources Parking, Sidewalks, $300,000 $150,000 $150,000* Florida Inland Con Lands Restrooms, Pavilion, Navigation CIE/Windsor Trails, Boardwalks District Wetland $178,000 $61,000 $117,000* Indian River Con Lands CIE Creation/Stormwater Lagoon National Estuary Program Planting $24,000 $ $24,000* IRLNEP Tree Mitigation W Fund Repair Small $1,600 $ $1,600 Insurance a, Observation Dock $730,956 $282,017 $448,939 *contingent on grant funding awarded and accepted Restore & Repurpose $30,000 $15,000 $15,000* DHR Con Lands CIE Guest Cottage Hydric Hammock $75,000 $30,000 $45,000* SJRMWD Con Lands CIE Restoration Native Planting Area $20,000 $20,000 Tree Mitigation Fund N W Upland/Gopher $5,000 $5,000 Con Lands CIE Tortoise Restoration PLO Community Gardens $15,000 $15,000 Con Lands CIE $145,000 $45,000 $100,000 TOTAL SITE $875,956 $327,017 $548,939* IMPROVEMENTS: 3 170 II. DESCRIPTIONS AND CONDITIONS — FEMA Update On October 6, 2016, Hurricane Matthew caused widespread damage throughout the County. At the Jones' Pier Conservation Area, storm surge caused damage from flooding waters to the main house and guest cottage. Staff determined the house was not fit for habitation and major repairs were necessary including the removal of water damaged dry wall, cabinetry, and flooring. An assessment by the County's insurance adjuster was completed on April 6, 2017, and their findings were consistent with the staff's assessment. The caretaker's lease by the Indian River County Sheriff's Deputy was subsequently terminated and the damages were listed with FEMA for funding eligibility to repair damages. In an attempt to mitigate lingering water damage, both the guest cottage and main house were professionally dried out and assessed for damages, however, FEMA recommended a halt on any further work until the project could be assessed for possible funding eligibility under the federal guidelines. Staff from various departments (Budget, Public Works, Community Development and Parks Division) have coordinated extensively with FEMA staff through on-site meetings, phone calls and emails in regard to the FEMA assessment of damages and potential funding reimbursement that might be approved. Through this process, various options have been evaluated including repairing the main house to pre -storm conditions and the possibility to elevate the Jones home to address future storm surge and other flooding issues. On February 28, 2018, staff received the Project Worksheet: Subgrant Application — FEMA Form 90-91 for the Jones' Pier Conservation Area. This application provides an estimate of repairs and associated costs as follows: CONTRACT repair for site 1 (Main House): $48,400.00 CONTRACT repair for site 2 (Guest Cottage): $35,100.00 CONTRACT repair for pier: $1,600.00 Direct Administrative Cost: $2,210.13 TOTAL: $87,310.13 The grant application and elements for repair within, reflect restoration to pre -storm condition. While this may be a valuable option for the Guest Cottage and Observation Pier, it is not consistent with the County's Management Plan and goal to restore and repurpose the Main House for public use. From conversations with FEMA representatives who completed the Project Worksheet/Subgrant Application, it remains unclear when reimbursement funding would be allocated and issued to the State for disbursement and whether or not, if the County proceeded with an improved project, repairs to the Main House as an improved project would qualify for reimbursement. 4 171 Based on the County's Adjuster's Report and FEMA Assessment, damages and insurance recovery are as follows: Main House, Guest Cottage & FEMA Project FEMA IRC FEMA Small Observation Dock - FEMA Worksheet Reimbursement Adjuster's Reimbursement Project Worksheet #796 2/28/18 Amount Report* Amount 75%/25% 75%/25% based on current PW based on projected adjusted PW Main House Restore to Pre -storm $48,400.00 $43,504.79 Condition Guest Restore to Pre -storm $35,100.00 $15,560.46 Cottage Condition Repair Restore to Pre -storm $1,600.00 $1,600 Small Condition (quote from Observation contractor - Dock not included in adjuster's report) $85,100.00** Current Project $60,665.25 Anticipated Revised (this total excludes Worksheet: PW Adjusted: $2,210.13 in Direct $48,507.00 (FEMA -$36,593.00 $24,072.25 (IRC Administrative Costs Assessment less (received from Adjuster's Report less � P — DACA shown in Insurance Insurance Insurance PW) Reimbursement) Claim) Reimbursement) $36,380.25 $18,054.19 (FEMA 75%) (FEMA 75%) $6,063.38 $3,009.03 (State Match 12.5%) (State Match 12.5%) Total Potential Total Potential Reimbursement Reimbursement Current Project Adjusted: Worksheet: $21,063.22 $42,443.63 *Based on the Indian River County insurance carrier's adjuster's report. **Based on the FEMA Subgrant Application Form 90-91 received February 28, 2018. FEMA staff have indicated that the Final Project Worksheet costs will be adjusted during insurance review to match the Indian River County Adjuster's Report. ANALYSIS Depending on the assessment completed by FEMA and after going through the federal review process, the County may be eligible for approximately $42,443.63 under Project Worksheet #796 or $21,063.22 which is a more likely scenario after FEMA insurance review of the Project Worksheet. While it is our understanding that work can be completed prior to final FEMA and State review, it has been 5 172 conveyed that no work should be conducted without careful documentation of the repairs. Furthermore, if the County chose to pursue an improved project, the funding would be capped at the stated amount above and no additional monies would be available. Should the County wish to pursue FEMA reimbursement for repairing buildings to pre -storm conditions, the project would continue to be reviewed by both federal and state agencies until FMEA obligates and awards the funds to the State, the State completes all necessary reviews and FEMA has allocated the funding to the State for disbursement. All work would be required to comply with the federal purchasing guidelines to ensure funding eligibility/reimbursement. Options at this point for FEMA Project Worksheet reimbursement are as follows: • Repair all or a portion of the structures to pre -storm condition which may allow for additional funding through the Scope of Work if unforeseen damages are uncovered during the repairs. Under this scenario, the County would proceed with repairs, following federal purchasing guidelines. • Repair, refurbish and repurpose the Main House in accordance with the 2008 Approved Management Plan. Under this scenario, FEMA funding may or may not be eligible for reimbursement. Repair and restore the Guest Cottage and Observation Pier to pre -storm condition and pursue FEMA reimbursement. • Repair, refurbish and repurpose the buildings and pier without pursuing FEMA reimbursement funding. Staff will continue to separately pursue the State's Hazard Mitigation Fund Program application to elevate the main house which will prevent future flooding damage. Updates on this progress will be provided to the Board as available. County Funding Sources On December 13, 2016, the Board approved utilizing 30% of the Windsor Properties Donation ($1M) for public use improvements at the South Prong Preserve and the Jones' Pier Conservation Area as shown in Attachment E for reference. On December 5, 2017, the Board approved funding for access improvements through an amendment to the Comprehensive Plan's Capital Improvements Element as follows: For conservation capital projects, the focus is on improvements to conservation lands. Those improvements include construction of passive recreational access facilities such as boardwalks, and stabilization/preservation of historic structures. The projects will be funded from environmental land bonds, grants, optional sales tax, boating improvement funds, upland mitigation funds, secondary roads, Windsor property exchange donation, and park impact fees. The total expenditure amount for the projects within this category for fiscal years 2017/18 through 2021/22 is $4,450,000, representing 1.41% of the overall CIP. Staff Report Dated November 27, 2017, to Jason Brown from Bill Schutt. Given the FEMA information available to date, it is unlikely that an improved project to repurpose the main house in accordance with the Management Plan would qualify for federal funding or reimbursement. In order to expedite an improved project, the County may opt to withdraw the Project Worksheet from its list of Hurricane Damage. The existing funding allocations support the public use improvements at the Jones' Pier Conservation Area along with positive community input which has created a priority for this property. 6 173 III. DESCRIPTIONS AND CONDITIONS — Florida Inland Navigation District 2018 Funding OAAortunitV In March 2013, the Board approved a Florida Inland Navigation District Grant (FIND) to improve the docks at the Jones' Pier Conservation Area. Funding allocated from FIND was $15,000. As a Phase I improvement, the docks were repaired and opened to the public. Additional funding assistance from FIND is currently available under the 2018-19 cycle through the Waterway Assistance Program. If approved, the grant would fund up to 50% of public use facilities that support waterway access and education regarding waterway safety and lagoon health. Structures/Features Preliminary Potential Net Cost to County Funding Eligible for FIND Cost Grant Funds County Source Grant Funds Estimate Parking, Sidewalks, $300,000 $150,000 $150,000 Con Lands Restrooms, Pavilion, CIE/Windsor Trails, Boardwalks STAFF RECOMMENDATIONS 1. For FEMA Project Worksheet #796, staff recommends the Board authorize staff to immediately proceed with repairs to the Observation Pier and Guest Cottage to pre -storm conditions and pursue FEMA reimbursement funding; and to return to the Board with a plan for an improved project to the Main House in accordance with the 2008 Approved Management Plan which may or may not be eligible for FEMA reimbursement funding. 2. Authorize staff to pursue funding the public use improvements eligible under the 2018/19 Florida Inland Navigation District's Cooperative Assistance Program due March 30, 2018, including, but not limited to parking, restrooms, boardwalks and other support facilities that relate to Lagoon access. 3. Direct staff to return to the Board with a conceptual plan for refurbishing and repurposing the main house and other buildings to serve as public facilities. APPROVED AGENDA ITEM FOR MARCH 6, 2018 7 174 Attachment A - BCC Meeting 03/06/18 Jones' Pier Conservation Area Public Use Improvements - Project Update and Status of FEMA Project Worksheet #796 FCT Special Management Conditions entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the. project and the identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, Fla. Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K- 7.002(32), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include'at least one Local Government, FCT may require the Recipient to do one, or more, of the following: post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; establish an endowment or other fund in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Recipient is unable to, and may require the Local Government to be a named co-signer on the Declaration of Restrictive Covenants; or.provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 9K-7.013, .F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VIII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application 05-039-FF5 October 13, 2005 . { Reimbursement 175 that received scoring points or observations made by FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.: 1. Two or more resource-based outdoor recreational facilities including a walling trail and picnic pavilion shall be provided. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the project site without causing harm to those resources. 2. A permanent recognition sign, .a minimum size of 4'x 6', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Florida Forever Program and Indian River County. 3. Interpretive signage shall be provided to educate visitors about the natural environment of the Project Site. 4. At least 12 regularly scheduled and ongoing educational classes or programs that promote the protection of natural resources shall be provided at the project site. 5. A staffed nature center that provides year-round education programming shall be established on the Project Site. 6. A survey of the natural communities and plant species on the project site shall be conducted prior to the development of the project site. The survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural communities on the project site 7. The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 8. The project site shall be managed in a manner that will protect and enhance the listed and non -listed native wildlife species and their habitat. The development of the management plan shall be coordinated with the Fish and Wildlife Conservation Commission's Office of Environmental Services to ensure the preservation and viability of listed and non -listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. 9. A stormwater plan shall be developed and implemented for the project site to improve the quality of water entering the Indian River Lagoon. The development of a stormwater program for the project site shall be done in coordination with the St. Johns River Water Management District. 10. Approximately 12 acres of degraded uplands shall restored in terms of biological composition and ecological function. 05-039-FF5 October 13, 2005 Reimbursement -10- 176 11. The. degraded wetland communities along the shoreline shall be restored the in terms of biological composition and ecological function. 12. An, ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 13. A feral animal removal program shall be developed and implemented for dogs, cats, and other non-native wildlife that may be found on the project site. 14. An archaeological survey shall be preformed for any area within the project site proposed for development prior to the commencement of proposed development activities in that area. All planned activities involving known'archaeological sites or identified site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 15. A professional survey of the pier and residence shall be conducted to determine the integrity and extent of these historical features. The results of this survey shall be reviewed in conjunction with the Division of Historic Resources to develop an appropriate protection plan for the archaeological and historic resources on the project site. 16. The location and design of the parking facility shall be designed to' have minimal impacts on natural resources. The parking area shall incorporate pervious material wherever feasible. 17. Pedestrian and bicycle access to the project site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the project site with adjacent residential neighborhoods. 18. The project site shall be protected and managed as part of linked conservation lands and recreation opportunities within the County's designated Historic Jungle Trail greenway corridor. 19. Proposed site improvements shall be designed and located to minimize or eliminate the long-term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 20. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. 05-039-FF5 October.13, 2005 t Reimbursement -11- 177 Federal Emergency Management Agency E -Grants I Subgrant Application - FEMA Form ... Page 1 of 5 Attachment B - BCC Meeting 03/06/18 Jones' Pier Conservation Area Public Use Improvements - Project Update and Status of FEMA Project Worksheet #796 PA -04 -4283 -PW -00796(0); Subgrant Application PA ID No. 061-99061-00- Project Number IRCAG03) PA-04-FL4283-PW-00796(0) P PROJECT WORKSHEET Applicant Name: Application Title: INDIAN RIVER (COUNTY) IRCAG03 - Recreational Period of Performance Start: Period of Performance End: 10-08-2016 04-08-2018 Bundle Reference # (Amendment #) Date Awarded Subgrant Application - FEMA Form 90-91 Note: The Effective Cost Share for this application is 75% FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET DISASTER PROJECT NO. PAID NO. DATE CATEGORY IRCAG03 061-99061- 09-18-2017 G FEMA 4283 DR I -FL 00 APPLICANT: INDIAN RIVER (COUNTY) WORK COMPLETE AS OF: 09-18-2017: 0 % Site 1 of 1 DAMAGED FACILITY: COUNTY: Indian River Jones Pier Residence (Historic Preservation & Conversation Area) LOCATION: LATITUDE: LONGITUDE: 27.734838 -80.393478 Current Version: Jones Pier (Residence) 7770 J& 7779 Jungle Trail Vero Beach FL 32964 DAMAGE DESCRIPTION AND DIMENSIONS: Current Version: During the incident period of October 03, 2016 to October 19, 2016, Hurricane Matthew produced severe storms, tornadoes, high sustained winds and heavy prolonged rainfall, resulting in extensive flooding in a 16 acre Historic Preservation Land with two (2) residential houses accompanied by caregivers. This storm caused extension widespread water damage to the two residential buildings located at inside the Historic Preservation & Conservation area. The damages consist of: Site 1 - 7770 Jungle Trail is a 1109 Sq. ft. slab on ground residence, had extensive water damage to the entire house to include, master bedroom, closets, living room, living hall, front bedroom, windows, front porch, doors and/or frames, kitchen cabinets. - A % Gould pump with 5 HP was replaced due to water damage Site 2 - 7790 Jungle Trail is a 707 sq. ft. stucco concrete block building suffered extensive water damage to the master bedroom, living room, south bedroom, and kitchen cabinets. - A % Gould pump with 5 HP was replaced due to water damage Site 3 Jones Pier - A 10 ft. LX 8 ft. Pier located near building 7770 sustained damages to pilings. SCOPE OF WORK: 178 https:Hsso.fema.net/emmie/intemalIntegration?applicationld=920539 2/27/2018 Federal Emergency Management Agency E -Grants I Subgrant Application - FEMA Form ... Page 2 of 5 Current Version: SCOPE OF WORK Work to be completed - NOTE: APPLICANT IS POSSIBLTY SEEKING AN IMPROVED PROJECT. Site # 1: 7770 Jungle Trail, Vero Beach, FL 32964 GPS: 27.734838,-80.393478 The applicant provided a proposal for repairs to Site 1 back to pre -disaster conditions. Site 1 is 1109 sf, 48 ft. X 34 ft. residential building that was used for on-site security home within the Historic Preservation & Conservation Area. The applicant chose Summit Construction of Vero Beach to provide repairs accordingly. Site 1 repairs consist in the: Master Bedroom/Closet, Hallway, Living Room, Living Hall/Closet, Front Bedroom/Closet & Utility Room 1. Remove cove ceiling mold, baseboard, door & window casing and inside corner trims 2. Remove all existing wood paneling 3. Install new prefinished wood paneling 4. Install new cove ceiling mold, baseboard, door & window casing and inside corner trims Site 1 - Front porch: 1. Remove baseboard and corner trims on wood paneling 2. Remove existing wood paneling under windows on the north, south and west wall. No work on the east wall. 3. Install new prefinished wood paneling on the three walls 4. Install new baseboard, corner trim on new paneling Clean of floors Plumbing - Replace well pump with Goulds% hp pump and bladder tank only, no other piping Pump out septic tank Electrical - Remove all receptacles and switches where wood paneling get replaced, safe -off wiring and replace with new receptacles and switches as required Cost for repairs Supervision & general Conditions: $ 8,125.00 Water damage: $ 21,500.00 Other damage: $ 12,450.00 OH&P: $ 6,325.00 Total Cost: $ 48,400.00 Site # 2: 7790 Jungle Trail, Vero Beach, FL 32964 GPS: 27.735000, -80.393156 The applicant provided a proposal for repairs to Site 2 back to pre -disaster conditions. Site 2 is 707 sf, 32 ft. X 28 ft. residential building that was used for on-site security home within the Historic Preservation & Conservation Area. The applicant chose Summit Construction of Vero Beach to provide repairs accordingly. Site 2 repairs consist in the: Master Bedroom/South Bedroom, & Living Room Site 2 — Master Bedroom/South Bedroom 1. Remove cove ceiling mold, baseboard, door & window casing and inside corner trims 2. Remove all existing wood paneling 3. Install new prefinished wood paneling 4. Install new cove ceiling mold, baseboard, door & window casing and inside corner trims 5. Clean all floors Site 2 - Living Room 1. Patch all existing cracks in walls and clean floors 2. Remove wood ceiling battens and remove two water damaged wood ceiling panels, and install new wood ceiling panels and battens 3. Plumbing: Pull and reset existing water closet with new wax seal and bolts; 4. Replace water heater with 30 gal. Electric tank type water heater with valves 5. Electrical: Remove all receptacles and switches where wood paneling gets replaced, 6. Safe -off wiring and replace with new receptacles and switches as required. Cost for repairs Supervision & general Conditions: $ 8,125.00 Water damage: $16,500.00 Other damage: $5,850.00 OH&P: $4,625.00 179 https:Hsso.fema.net/emmie/intemalIntegration?applicationld=920539 2/27/2018 Federal Emergency Management Agency E -Grants I Subgrant Application - FEMA Form ... Page 3 of 5 Total Cost: $ 35,100.00 Site # 3: Pier located adjacent to 7770 Jungle Trail, Vero Beach, FL 32964 GPS: 27.734671, -80.393583 To repair the pilings of a 1 Oft L X 8ft Pier, the applicant selected Summerlins Marine Construction to straighten and level as much pilings. Cost for repairs: Total Cost: $ 1,600.00 Direct Administrative Cost: The applicant is seeking reimbursement of DAC that is specifically chargeable to this grant application. A total of 51 hours among 6 personnel of Indian River County was provided in order to formulate this grant application. Total Cost: Breakdown of Cost: CONTRACT repair for site 1 CONTRACT repair site # 2 CONTRACT repair for pier Direct Administrative Cost PROJECT GRAND TOTAL ATTACHMENTS A. Procurement Policy B. Contract Summary Sheet C. Locations Maps D. Location Photos E. Firmette F. Permit (Roofing permit) G. Contract Document H. Maintenance Records $2,210.13 $48,400.00 $35,100.00 $ 1,600.00 $2,210.13 $87,310.13 • The Indian River County Parks division is responsible for routine maintenance and cleaning of all residential buildings, records are attached. PROJECT NOTES 1. DIRECT ADMINISTRATIVE COSTS: The sub grantee requested Direct Administrative Costs (DAC) that are directly chargeable to this project. Associated eligible work is related administration of the PA project only and in accordance with 2 CFR 200.413. These costs are treated consistently and uniformly as direct costs in all federal awards and other sub grantee activities and are not included in any approved indirect cost rates. Hazard Mitigation — (Opportunity) 2. HAZARD MITIGATION PROPOSAL: Hazard Mitigation under section 406 has been considered for this project and due to the type of work or project, effective mitigation is feasible within the requirement of 44 CFR 206.226(c). 3. PROCUREMENT: The Applicant was advised by FEMA PAC and/or Project Specialist that in the seeking of proposals and letting of contracts for eligible work, the Applicant must comply with its Local, State and/or Federal procurement laws, regulations, and procedures as required by 2 CFR 317.326. 4. RECORD RETENTION: As described in 2 CFR 200.33 Sub grantee must maintain all work-related records for a period of five (5) years from Sub grantee closure (final payment), all records relative this project worksheet are subject to examination and audit by the State of Florida, FEMA and the Comptroller General of the United States and must reflect work related to disaster specific costs. 5. PERMITS: Federal Funding is contingent upon acquiring all necessary Federal, State and Local permits. Noncompliance with this requirement may jeopardize the receipt of federal funds. The applicant is responsible for obtaining all required permits prior to the commencement of work. 6. ENVIRONMENTAL AND HISTORIC PRESERVATION: Applicant must comply with all applicable environmental and historic preservation laws. Federal funding is contingent upon acquiring all necessary Federal, State and Local permits. Noncompliance with this requirement may jeopardize the receipt of federal funds. 180 https:Hsso.fema.net/emmie/intemalIntegration?applicationld=920539 2/27/2018 Federal Emergency Management Agency E -Grants I Subgrant Application - FEMA Form ... Page 4 of 5 7. CHANGES TO SCOPE OF WORK DESCRIBED IN THIS PW/SA (SUBGRANT APPLICATION): The applicant shall comply with all applicable codes and standards in the completion of eligible work to repair or replace damaged public facilities. Any change to the approved scope of work on a Project Worksheet (PW/SA) must be reported and approved before work begins. Failure to report changes may jeopardize Federal and State funding. In the case of a change in scope of work, the applicant shall notify the Florida Division of Emergency Management program representative prior to starting work. 8. INSURANCE REVIEW: The applicant is aware that all projects are subject to an insurance review as stated in 44 C.F.R. Sections 206.252 and 206.253.If applicable, an insurance determination will be made either as anticipated proceeds or actual proceeds in accordance with the applicant's insurance policy which may affect the total amount of the project. Approval of this project may result in an 'obtain/maintain' insurance requirement. The Sub grantee must comply with insurance reviewer terms and conditions upon receipt of sub - grant from the State. 9. COST BASIS FOR LABOR, EQUIPMENT AND MATERIALS: Costs used to formulate this project were based on: Unit Costs provided by Applicant Actual or Recent Contract costs 10. AUDIT STATEMENT: All documentation related to this project worksheet is subject to audit and must reflect disaster —related work and project — specific cost. The applicant has been advised of responsibility to maintain supporting documentation (records). The type of records to be maintained is specified in FEMA policy 2 CFR Subpart F, Audit Requirements. Records must be maintained for three 3 years from the date the last project was completed or from the date final payment was received, whichever is later. 11. 75% FEDERAL FUNDING: In accordance with 44CFR 206.47(a) and current disaster declaration determinations, this project worksheet will be funded with the Federal Cost share at 75% of all eligible costs. 12. By accepting this grant the Applicant to the best of their ability acknowledges that all damages described within this Sub -grant Application and all associated costs being claimed were a direct result of the declared event, and in connection with the incident period for DR -4283 or DR -4280 with the exception of requests for alternate or improved projects. 13. WORK TO BE COMPLETED: Upon completion this site will be returned to its original design, function and capacity with the original footprint. Acquiring all necessary Federal, State, and local permits is required for Federal Funding. Noncompliance with this requirement may jeopardize the receipt of Federal funds. 14. SMALL PROJECTS, ANY CATEGORY: For small projects FEMA pays based on the actual or estimated cost in order to expedite the funds (Public Assistance Program & Policy Guide pg. 139.) FEMA does not perform final inspections on small projects; however, the state must certify compliance. The applicant does have the ability to request a small project netting (appeal) iftwhen significant net small over- runs occur. This process will involve a review of all documentation for all small projects and an adjustment will be made for the total actual eligible dollars spent (over-run/under-run). A final Project Worksheet will then be required in EMMIE to capture all the eligible PA costs for the small projects. 15. SMALL PROJECT CHANGE REQUEST: Change requests to small project worksheets will not be approved unless there is a change in the approved scope of work. This change must be approved prior to the construction. If after completion of all small projects the applicant incurs a significant net small project overrun, the applicant must file an appeal within 60 day of completion of the applicant's last small project. All requests must be submitted through the grantee. Does the Scope of Work change the pre -disaster conditions at the site? Q Yes n No Special Considerations included? Q Yes ❑ No Hazard Mitigation proposal included? [7 Yes Is there insurance coverage on this facility? [__1 Yes Q No Q No PROJECT COST ITEM CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST *** Version 0 *** Work Completed 1 9901 Direct Administrative Costs 1/LS $ 2,210.13 $ 2,210.13 (Subgrantee) Work To Be Completed 2 9001 1 Contract 1 /LS $ 85,100.00 $ 85,100.00 TOTAL COST $ 87,310.13 PREPARED BY MANJI GBENLE TITLE PROJECT SPECIALIST SIGNATURE APPLICANT REP. John King TITLE Director of Emergency SIGNATURE Services 181 https://sso.fema.net/emmie/intemallntegration?applicationld=920539 2/27/2018 Federal Emergency Management Agency E-Grants I Subgrant Application - FEMA Form ... Page 5 of 5 182 https:Hsso.fema.net/emmie/intemallntegration?applicationld=920539 2/27/2018 Attachment C - BCC Meeting 03/06/18 101 RLW41 11#01 11to Hit FEATHER PALMiSLAND ��• C�( " rPALM ISLAND LN ♦ L iON. .,,•.� i _ =' �, I'.Jy117 a .-=,.s ^,. ''< '€�'r J'ONESF,161 s• '`d CONSERVATION 4REA. r-r-r-r-r-s-_r�... L i j,y�,l._'li�. i' _._ V' 1., .•..,- ��4 `� •,I _,9 ✓ ;Af, ' t` �i I+► �f+> Ky_9t1M7'+�+�i c 1 . �.- f+ POND.. r Sf'' -.�. s'ti^ r L"0cr • lw r • {.� Q t1 • N', I OND * ..n. ,`.�Y: ;P • -j, I • • 1' , F s9' /^ ' . (wl- t� i,: -v. �" • 'POND ' ,., A .1 �, h N!' ✓�'�' • '' p « ``�4•.a�c�h��''` ". 46,r�i :,ll�• �,,gj��..y:+. �, `` f�`` ... .I,, ..:_ ._.._ �' � '''-�"��'^'`. •� s'41' �`T"• jl' x ' +� � >ASx ,its, -.d � .f. ,� �. 'WIJi". !`��'!t', I L 'l f 'a J"Y �-► .,i-`= `J=- -- - -a•�.�::rc��'�`�.�-:'- - - --^�;: = `_"''s,s'.u..� �i:•r_-- -- •.tryF1t-..��?s� 'p r►yS R'. 1SLiA VERDE SQI : w n ,i+ '•`.'.71 ' t.•711111 a'`{�,x: f �t••ir� t — 4� .Jry�7 .i 'MORNINGSIDE DR' i� 1 t ai° r -j rl+■�lci. �" .., Vp9U. '`TT,7..- ,Q�'C, c--moi+••'t]"-�r_,c,�' —*�?- } 6 ° .-,•.-'1'�. •F".+►Oz. .,_•. Q} ��+ ' IN'=�4•i i(r J/� _ iT�. ,gyp rtl �lQ �R-,`j=[f� '�y.�ri f • - I A ;^1 MAP LEGEND /i C ue ,ter r R- -- - - ��'+� ,{ '. a ®Jones' Pier CA Project :•' Walkway .'�A■t:►.17 Site (16.5 ac) -- - - �, 'F;'-� _ ' _ �''i I + I' 4 �I,{; w 1NfRIVER" A 'Pf„ 11-s Existing Mangroves r44 4 INDIA — r 1 Sanctuary Gopher rtoise — — i b i }� W's r 4w y d 9R, ORES Proposed Projects Community Gardens ,J 11 ' r ar IJ i i •?� Q ADA Parking �i /� +^•`� t k '+ Native Plant Nursery © 1j'f+; i l r• {Y ... I �� ^ + f h� ® ADA Restroom Restored Native Upland • ' Q LU f 0 Outfall Structure 1" J PON � F# ^ Mangrove Buffer {{� 1 �' � ^Q J ,;;,•' .� 1 � w� ON� r .10.�' 1 '�' :1 � ."• .`<.A Walking Trail t e.Needlerush J ^ Pond +• Z - ... �- r Hammock ` !� d Water Flow 1 "- - b l - f ,I'/,/,,f//' `�/J�j�' ' - ,•.` .. ey.. _ - �' ti` i Grass Marsh Boardwalk 71 Deep Marsh Parking Area Tr!-�'a1�.P, �"c h -,P � �-,$tP. ,',�`-.h��P., a"s. � >., hJ�"�, �-,. +�R a. ,. '� •`.X, . • - I ,.., • - �= • 11 •ao"' a �,* iii � :i ," , 4• . � , 0 125 250 500 ^v * • `c.•,y, ,�� : .w Feet Attachment D BCC Meeting 03/06/18 Jones' Pier Conservation Area Public Use Improvements — Status and Board Recommendations for FEMA Project Worksheet/Funding Timeline of Events Event Date BCC Approval or Informational Item Purchase the Jones' Pier September 2008 March 4, 2008 Conservation Area/FCT Agreement & Cost -share Board Approved Management April 2008 Plan Mr. Jones Caretaker Agreement September 2008 March 4, 2008 Evaluation and Appraisal Report November 2008 of the IRC Comprehensive Plan — including information regarding Jones' Pier Conservation Area Groundwater Remediation May 2009 May 19, 2009 Services — Kimley Horn Mr. Jones' Death March 26, 2011 IRC begins maintaining property May 2011 Barn Demolished August 2011 IRC Solicits Bids for Caretaker August 2011 August 16, 2011 Lease IRSO Deputy Lease and January 2013 -November 2016 October 4, 2011; January 17, Renewals 2012; February 19, 2013; November 18, 2014 Minor improvements made to January 2012 -October 2016 main house Electrical work completed to May 2013 main house Neighborhood meeting re: Jones' July 2013 house and public access improvements Submerged Land Lease August 2014 ongoing March 22, 2011; August 19, 2014; October 3, 2017 Florida Inland Navigation March 12, 2013 (memo dated) March 19, 2013 District Grant — Repair Docks Homestead Fence Installed May 2012 Brochure Designed January 2014 Docks repaired June 2015 September 16, 2014; November 18, 2014; June 9, 2015; June 23, 2015 Small guest cottage opened December 2015 monthly Purchase Order to Mow January 2016 Perimeter Exotics Docks opened to the public February 2016 Windsor $1M allocated to Jones' December 2016 December 13, 2016 Pier Conservation Area Kiosk and parking area open to January 2017 184 Attachment D BCC Meeting 03/06/18 Jones' Pier Conservation Area Public Use Improvements — Status and Board Recommendations for FEMA Project Worksheet/Funding the public Hurricane Matthew October 2016 Initial Damage Assessment, Dry October 2016 Out and Mold Assessment FEMA Project Worksheet Begun October 2016 IRSO Deputy Lease ends November 26, 2016 November 22, 2016 Elevation of main house listed on December 2016 June 20, 2017 HMGP` grant list FEMA Site Visits November 28, 2016; January 24, 2017 Neighborhood meeting re: public December 19, 2016; February 9, access improvements & storm 2017; February 16, 2017 damage Division of Historical Resources April 2017 May 2, 2017 Grant Submitted Elevation Certificate Completed October 2017 Indian River Lagoon National May 19, 2017 July 18, 2017 Estuary Program Grant Submitted (not funded) for Design of Stormwater/Wetland Feature MBV Work Order No. 5 May 2017 May 9, 2017 MBV Work Order No. 10 January 2018 January 23, 2018 Meeting with St. Johns River January 2018 Water Management District re: permitting and funding opportunities KSM Soil Borings for February 2018 Subsurface Investigation (HMGP Grant Elevation) KSM Soil borings for public use February 2018 improvements MBV Preliminary Site Design February 2018 Indian River Lagoon National February 2018 January 23, 2018 Estuary Program Grant for Construction of Stormwater/Wetland Feature :m Attachment E - BCC Meeting 03/06/18 Jones' Pier Conservation Area Public Use Improvements - Update and Status of FEMA Project Works] Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Meeting Minutes - Final Tuesday, December 13, 2016 9:00 AM Commission Chambers Board of County Commissioners Joseph E. Flescher, Chairman, District 2 Peter D. O'Bryan, Vice Chairman, District 4 Susan Adams, District 1 Bob Solari, District 5 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Maureen Gelfo, Deputy Clerk 186 Beet #796 Attachment C - BCC Meeting 03/06/18 Jones' Pier Conservation Area Public Use Improvements - Project Updae and Status of FEMA Project Worksheet #796 Board of County Commissioners Meeting Minutes - Final December 13, 2016 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1 16-1124 Use of Windsor Properties Exchange Donation Recommended Action: The Board is requested to review the list under consideration, add any other potential projects for funding consideration, and prioritize a final project list for implementation. Attachments: Additional Backup Provided at Meeting Attachment #1 County Attorney Letter to Board 2/2/16 Additional Backup Provided at Meeting Additional Backup Provided at Meeting Management and Budget Director Mike Smykowski provided background and analysis on the $1 million Windsor Park Properties Exchange Donation (the Windsor Donation) to the County. He outlined and detailed for the Board's consideration, two individual sets of projects that meet the criteria established for use of these funds: (1) a Conservation Lands Project List; and (2) a Parks and Recreation Project List. He advised the Board to base its project approval on the full estimated project cost, despite the potential for a cost share partner in certain projects. Discussion ensued regarding whether all of the projects on the Conservation Lands Project List qualified for the Windsor donation. Commissioner Solari questioned the suitability of the Stough house demolition and alternate structure at the South Prong Preserve; the building restorations, stormwater/wildlife pond at the Jones's Pier Conservation Area (Jones's Pier); and the dune path/access boardwalk/cottage restoration at the Captain Forster Hammock Preserve. County Administrator Jason Brown informed the Board that the County was still waiting for information from the Federal Emergency Management Agency (FEMA) about funding eligibility for repairs/replacement/restoration to the structures at Jones's Pier that were damaged by Hurricane Matthew. Assistant County Administrator Michael Zito addressed the Board's questions and concerns about the 58th Avenue Ballfield, the Richard "Dick" Bird/South County Regional Park, and the pending sale of the 16th Street Ballfield. Indian River County Florida J rge 6 Attachment C - BCC Meeting 03/06/18 Jones' Pier Conservation Area Public Use Improvements - Project Updae and Status of FEMA Project Worksheet #796 Board of County Commissioners Meeting Minutes - Final December 13, 2016 Commissioner Zorc advocated for the County to rezone the 16th Street property to RM -10/12, in order to increase its value, and said he would bring this item back to the Board under his matters on December 20, 2016. Frank Mero, 9064 Englewood Court, advocated for improvements to the Jones's Pier site, and posed a series of questions which were addressed by the Board and staff. Tom Hughes urged the Board to progress with improvements to the Jones's Pier property, without waiting for a determination from FEMA. Garrett Donlin, 1010 Morningside Drive, suggested that one Commissioner participate in an ad hoc committee to work on developing a community garden project at the Jones's Pier site. Commissioner Solari offered his assistance to Mr. Donlin. Ruth Stanbridge, 4835 66th Avenue, spoke of the work done by the Land Acquisition Advisory Committee (LAAC), and urged the Board to create a new ad hoc committee to develop a comprehensive blueprint of historical, and natural resources for the future. She also advocated allocating 70% of the Windsor donation to the Conservation Lands Project List, and 30% to the Parks and Recreation Project List. Derek Muller, President Cal Ripken League, spoke about the need for a proper baseball field and an onsite playground, and offered to provide input to staff about pricing. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to: (1) approve the allocation of 30% of the $1 million in funding available from the Windsor Properties Donation, to the items on the Conservation Lands Projects List, removing funding from this specific fund, for: (a) the Stough house demolition and alternate structure under Item 1a; (b) building restorations, stormwater/wildlife pond for Jones's Pier Conservation Area under Item 2; and (c) cottage restoration at Captain Forster Hammock Preserve under Item 3; and (2) approve the allocation of 70% of the $1 million in funding available from the Windsor Properties donation, to the items on the Parks and Recreation Projects List; (3) direct staff to move forward in a timely manner with the projects in the priority ranking as presented in the Conservation Lands Projects and the Parks and Recreation Projects Lists; and (4) direct staff to report back to the Board with a master plan for the ball fields, with consideration of a playground at Kiwanis Hobart Park, and with the caveat that the girls' softball teams are accommodated when the grass improvements are made to the 58th Avenue Ballfields. The motion carried by the following vote: Indian River County Florida 1 89ge 7 Attachment C - BCC Meeting 03/06/18 Jones' Pier Conservation Area Public Use Improvements - Project Updae and Status of FEMA Project Worksheet #796 Board of County Commissioners Meeting Minutes - Final December 13, 2016 Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc F. Public Works G Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District The Board reconvened at 11:08 a.m., as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved under the next Solid Waste Disposal District Meeting. 15.13.1 16-1118 SWDD Recycling Collection Events for FY 2016/2017 Recommended Action: Staff recommends the SWDD Board authorize hosting the free spring Paper Shredding Event on April 8, 2017, from 9 am to 2 pm at the Southeast Secure Shredding's paper shredding facility at 3910 US Highway 1 in Vero Beach. Attachments: Staff Report Additional Backup Provided at Meeting In her PowerPoint Presentation, Stephanie Fonvielle, Recycling Coordinator, recapped the Paper Shredding, Electronics, and Household Hazardous Waste events from 2016 and announced the upcoming events for 2017. She noted that another paper shredding event would be held on April 8, 2017, at the Southeast Secure Shredding Facility, from 9:00 a.m. to 2:00 p.m. Indian River County Florida 1 89ge 8 BOARD OF COUNTY COMMISSIONERS ER c\ * �k February 22, 2018 ORI�� Mr. Frank Sakuma, Chief Operating Officer Indian River Lagoon Council 1235 Main Street Sebastian, Florida 32958 RE: IRLC Request for Proposal: Category 1: Restoration Jones' Pier Conservation Area - Indian River County, Florida Dear Mr. Sakuma : On behalf of Indian River County, I am pleased to submit the attached proposal in response to theabove referenced RFP. TheJones'PierConservation Area not only represents aunique piece of the history of settlement in Indian River County, but also is situated in a location that provides opportunities for abundant public access. The site is part of the Greenway/Blueway that the County is developing utilizing our properties located along Jungle Trail and the Indian River Lagoon. Our proposal for the restoration and creation of wetlands on the Jones' Pier site will provide many ecological functions and educational opportunities. Our goal in conservation is to maximize the many benefits provided by natural resources on our properties, while at the same time encouraging the public to enjoy and appreciate the rewards of successful land management and conservation. The Indian River County Budget and corresponding Five-year Capital Improvements Schedule was adopted by the Board of County Commissioners on December 1, 2015. Improvements for the Jones' Pier Conservation Area were included in this Schedule. The County has committed to a 72% match of the proposed budget for the wetland restoration proposal detailed in our attached submittal. We appreciate your consideration of our proposal, and look forward to working with your organization on this project. Please do not hesitate to contact either myself, or our project Manager Beth Powell, if you require clarification of any of the materials we have provided. Sincerely, Michael C. Zito Assistant County Administrator OFFICE OF ASSISTANT COUNTY ADMINISTRATOR INDIAN RIVER COUNTY* 1801 27TH STREET * VERO BEACH, FL 32960 OFFICE: 772-226-1410 - FAX 772-589-6119 190 INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM FY 2018-2019 WORK PLAN - RFP RESPONSE WETLAND RESTORATION AT JONES PIER CONSERVATION AREA EXECUTIVE SUMMARY Indian River County (County) is requesting $61,000.00 from the IRLNEP to supplement funding for the construction of estuarine wetlands and native uplands at the Jones' Pier Conservation Area (JPCA). The County proposes a 72.0% match (totaling $159,155.00 in cash and in-kind services) of the total project cost of $220,155.00. The Site is located approximately two miles south of the intersection of CR 510 and Jungle Trail, at 27°44'5.67"N & 80°23'36.22"W, in Indian River County, Florida (see attached site maps). Historic agricultural uses of the JPCA have eliminated the majority of the natural areas. This project will restore and create approximately 2.8 acres of open water and herbaceous wetlands in areas that currently are dominated by Brazilian pepper and other exotic species. The wetlands are proposed to mimic tidal conditions within the Lagoon using a solar pump and a water control structure, and will provide high marsh habitat and water quality treatment that will benefit the Lagoon. Although not a permitted output for the project, it is estimated that the wetlands annually will remove approximately 269 lbs. of nitrogen and 124 lbs. of phosphorus from the Lagoon (based on conservative estimates). As detailed in the attached project description materials, this project addresses many CCMP Action Plans including: FSD-13 (upgrade stormwater drainage); IFF -2 ( (management plans for exotic species); PIE -2 (public education for the IRL); FSD-11(public education about stormwater & freshwater discharge); BD -2 (effectively manage lands to protect & restore biological diversity); CC -3 (provide residents with climate change educational materials); IFF -4 (engage residents to aid in control of exotic species); PIE -1 (implement & expand educational programs); MB -5 (improving boater awareness); and PIE -4 (increase public & governmental involvement in protecting & restoring the IRL). Deliverables for the project will be the constructed wetlands and accompanying as-builts drawings to be provided by the contractor. By producing these deliverables, the County will take the first step in restoring and managing the site to achieve the following objectives: ➢ Educating the public on the benefits of conserving natural resources specific to the IRL; ➢ Providing herbaceous estuarine habitat which is rare in the County's portion of the IRL; ➢ Removing nutrients from the Lagoon and providing pre-treatment of site runoff; ➢ Educating the general public, local schools, and other organizations on the goals and challenges involved in improving conditions in the IRL; ➢ Eradiating exotic species on-site; ➢ Educating the public on the benefits of native plantings; ➢ Educating the public on environmentally sensitive practices they can implement at home; ➢ Providing a refuge for protected wildlife; and, ➢ Providing the public with passive recreation opportunities. 191 CSG Jones tPier Wetland Restoration Location Map s �Ol Indian River County, Florida NEP IRL a t LEGEND STUDY AREA ella Project �\ _ 1A Location • y 1 NEP IRL II IREVARD watershed , NEP IRL Study - .3 lief Area County , Boundaries o i INSET "r t w of W.4- RIVER i �-- _=--_---_= __—=---------------- -- ---- — A1A -- 0 � L% �vy _ sT. LUCIE / MARTIN .. / ^�' is `i ♦ 510 y 10 j i /--- y ` I' 510 PALM BEACH 20 1 QL6b I Source of Imagery: 1 USDA NAIP 2015 } � s•� �� Map Dale: 512 5/1912017 -------- 60 rt �. _ _ 1 A p i it v � S • �1 � •' i � r, U jt, 1( I i l 1 FLORIDA'S TURNPIKE LIQ - �} 70 �r �1I -- Mlles -1922 JJ ropers r _ _ m I.r_ antJAops orrs I.r_ omtl PP_ _ _ mR l.1PP, ate. gubcoka Rlavo� CC{I, itsDex% INDIAN PALM_ISu�ND �N RIVERS lfJ��;< i � � SHORES fi FEATHER P R �- TRA�L ,rl 7710 JUNGLE - ', MORNINGSIDE DR' ~, CLUB Cj PALM /S $PALM ISLAND PLANTATION' -c rY �S` LA N.0 JORfES' PIERS � ' CONSE�OiL1 AE Q=A ISLA VERDE SQ t�j >- �U1ICALY SFR .� 7 SECTION 1- TITLE PAGE 1. Project Name: Wetland Restoration at Jones' Pier Conservation Area 2. Table of IRL CCMP Action Plans Implemented by Jones Pier Wetland Restoration Project CCMP Action NEP Project Related Description Plan Priority TopThree CCMP Action Plans Directly Addressed by the Proposal The County will manage environmentally sensitive lands to restore integrity and productivity and promote biological diversity. The proposal will create BD -2 High diverse wildlife habitat in an area devoid of ecological functions. Treatment of runoff will contribute to reducing pollutants entering the Lagoon, which in turn enhances productivity of beneficial species. The converted agricultural lands on site currently do not treat surface water FSD-13 High runoff to the Lagoon. This project proposes to intercept and treat runoff prior to discharge into the Lagoon. The County will remove the exotic species that dominate the site and replace IFF -2 High them with a diverse assemblage of native plants. The County will implement a management plan that includes perpetual control of exoticspecies. Secondary CCMP Action Plans Addressed by the Proposal The County will collaborate with the SJRWMD to have planned events and FSD-11 High educational materials concerning the impacts of stormwater & freshwater discharges to the Lagoon. Daily public use, school events and educational signage will provide CC -3 Medium information to local governments & residents about the impacts of climate change and actions they can take to reduce impacts. The site is dominated by exotic species. This project will engage residents in IFF -4 High management and eradication of exotic species and encourage native plantings through educational programs & interpretive exhibits. This project will implement & expand public involvement and education PIE -1 High programs via daily public use of walking trails, community gardens, wetland boardwalks, and by periodic school outdoor classroom programs. The management plan for the site will include organizing volunteer activities PIE -4 High designed to protect and restore resources of the Lagoon such as clean-up events, participation in exotic species eradication events, and events to re - vegetate shoreline areas with nativespecies. The County will work with the FWC and Keep Indian River County Beautiful MB -5 High to provide educational materials and conduct programs to promote environmental awareness on actions to reduce boater impacts to the Lagoon. PIE -2 High The County will develop educational exhibits and programming to inform stakeholders about the value of IRL resources. 3. Applicant: Beth Powell, Indian River County Conservation Lands Manager 5500 77th Street Vero Beach, Florida 32967 Phone: (772) 226-1873; Fax: (772) 589-6119; Email: bpowel]@ircgov.com 194 SECTION 2 — PROJECT SPECIFICS A. Project Outputs Mangroves are the most dominant estuarine community along the Indian River County portion of the Lagoon. This project proposes to create herbaceous estuarine wetlands which are a rapidly diminishing resource within Indian River County. Much of the high marsh habitat has been replaced by groves and other development, or impounded for mosquito control. In addition to restored wetlands, the plan includes creating native uplands that will provide additional habitat as well as aid in circulating flow through the site. Once completed, the wetlands will benefit the Lagoon by: filtering pollutants from untreated runoff and Lagoon waters; attenuating surface water flow and controlling discharges; facilitating groundwater recharge; and providing habitat for a variety of fish, wildlife and plants. This project will restore and create approximately 2.8 acres of open water and herbaceous wetlands in areas that are dominated by Brazilian pepper and other exotic species. The plan includes re-routing exiting drainage ditches and using Lagoon waters as a source for base flow through the wetlands. Circulation through the wetlands is anticipated to annually remove approximately 269 lbs. of nitrogen and 124 lbs. of phosphorus from the Lagoon (based on conservative estimates). Because this property is within an existing Conservation Area managed by the County, the wetland areas will be monitored and maintained to maximize successful establishment and long-term viability. The County plans to have the herbaceous wetlands established within 6-12 months of completion of the construction. Phase II of the project will include the restoration of the hammock area to the east of the herbaceous wetlands, and is anticipated to be permitted and constructed within the next 12-24 months. B. Technical Merit /justification The project is located at 27°44'5.67"N & 80°23'36.22"W along Jungle Trail, which is a much -used corridor for walking, jogging, biking, and fishing in Indian River County. The location of this project along Jungle Trail ensures that this effort will be highly visible in the community, affording the County with the ability to maximize educational opportunities and volunteerism. JPCA was acquired with the assistance of Florida Communities Trust (FCT) and has an active management plan in place for the site. The original management plan called for restoration of a maritime hammock with walking trails. The focus of site management has been adapted to include an expanded set of goals, which now include providing benefits to the Lagoon and increased public use of the site. Changing site conditions and future climate change issues have eliminated the potential for successful establishment of a maritime hammock, therefore the County has adjusted the planned restoration of the site to target communities that will provide diverse habitat, and will adapt to the changing environment. Water quality and habitat within the Indian River Lagoon has been affected greatly by surrounding land uses. The creation and restoration of 2.8 acres of high marsh and native uplands in proximity to the Lagoon will provide a unique opportunity for potential use by a wide array of wildlife species. While this site is relatively small in size, the combination of wetland restoration, circulation of Lagoon waters through the site, pre-treatment of site runoff, and opportunities for the public to become educated and engaged in the on-going efforts to improve the integrity and sustainability of the Lagoon supports the goals of the County and the IRLNEP. Should the grant agreement between the IRL Council and the County be executed, the project will be constructed within the timeline proposed. 195 C. Benefit(s) to the IRL Any benefits that this site once afforded the Lagoon have been removed by the conversion of lands to agriculture. The County plans to restore many of the resource benefits that the site provided to the Lagoon via the creation and restoration of herbaceous wetlands. These wetlands will provide many ecological and public benefits including: creation of potential habitat not common to the area; the removal of exotic species; circulating Lagoon waters through the site to provide water quality enhancement; re -grading altered areas of the site to improve connectivity between natural areas; re -directing runoff through the wetlands to aid in improving discharges to the Lagoon; re - vegetating with native upland species; perpetual site maintenance & monitoring; and extensive public educational opportunities. These benefits will be clearly documented in monitoring data that is proposed to be collected as part of the project. The re-establishment of wetlands on the site will provide other resource benefits such as attenuation of runoff, improved aquifer recharge capabilities, water conservation (via incorporation of a plan for re -circulating surface waters to irrigate planned gardens and native planting nursery/pathways), increased biological productivity, and long -tern sustainability to address potential climate change and maximize biodiversity. D. Partners & Local Commitment The JPCA was acquired through funding by the FCT and has an active management plan in place for the site. The County is in the final stages of developing a master plan for the site. The works detailed in this grant application are to be a key component of the overall utilization of the site by the public. The County has completed data collection for the topography and existing features of the site, and has developed a conceptual design for the wetlands. Geotechnical data collection to support the final design and construction of the wetland restoration areas is underway. Final design and receipt of required permits is anticipated to be completed by September 2018. The schedule for the project has been outlined to include procurement of bids for construction by late October 2018, and initiation of construction by early November 2018. The County has enlisted the help of local organizations for various aspects of the project: (1) the St John's River Water Management District (SJRWMD) has indicated that they will provide input to maximize the treatment of stormwater associated with the project, as well as assistance with design of educational displays outlining water quality benefits to the Lagoon; Harbor Branch has indicated that they would like to include information on their marine mammal program; Keep Indian River Beautiful (KIRB) would like to provide educational materials on responsible disposal of materials and recycling efforts; the IRC Historical Society is willing to fund design and production of exhibits describing the working waterfront; the IRC Mosquito Control District will assist with management strategies to minimize production of mosquito larvae; the Environmental Learning Center (ELC) has indicated that they will participate in programming events; and the OF Institute of Food and Agricultural Sciences (IFAS) has stated that -they would like to participate in the public outreach related to sustainability and resource conservation. E. Project Readiness The County is underway on the plans and permitting for wetland restoration on the site. The table below outlines the anticipated schedule & timing for project milestones. A detailed timeline is included in the Draft Statement of Work. 196 Task Source Projected Start Projected End Finalize Design & Permiting Staff/Contractor 04/30/2018 09/03/2018 Develop of Agreement Between IRC & NEP NEP/IRC N/A 10/01/2018 Procurement of Contractor Staff 08/01/2018 10/30/2018 Mobilization & Construction Staff/Contractor 11/05/2018 06/28/2019 Preparation & Submittal of Final Report IRC Staff 06/17/2019 08/02/2019 Construction of this project requires issuance of permits from the SJRWMD and the U.S. Army Corps of Engineers (USACE). Based on pre -application meetings with both agencies, the project will qualify for a General Permit (GP) from the SJRWMD and a Nationwide Permit from the USACE. Any Indian River County permits will be processed in-house. F. Project Monitoring/Evaluation and Maintenance Plans As mentioned previously, the Jones' Pier Conservation Area is a managed tract that the County is obligated to enhance and preserve in perpetuity through an agreement with the FCT. As with other conservation areas in the County, this site will be monitored and maintained to maximize the ecological resources on site, including wetlands, native uplands, and targeted wildlife habitat. The County has staff qualified and available to collect water quality data, hydroperiod data, vegetative monitoring data, wildlife survey data, and other ecological assessment requirements. As part of this project, County staff will develop a monitoring plan for the site that will be used to document compliance with required permits, and will be the baseline for all future monitoring efforts. The monitoring plan will have specific criteria for data collection and reporting timelines; it is the County's intent to collect data throughout construction, and monthly for the first six month's post -construction. Thereafter, monitoring will be planned based on seasonality and site conditions, and will be based on achieving the overall environmental goals for the project. County staff are experienced to detect trends (both positive and negative) that occur typically in ecological -based land management. This experience will allow the County to implement an adaptive management plan that includes activities targeted at maximizing the environmental benefits. G. Project Sustainability The County has been maintaining and monitoring lands along the Lagoon for over twenty years. During that time, it has become apparent that there have been shifts in vegetative cover attributable to adjacent land uses, as well as weather cycles and concurrent changes in hydroperiod. The design of this project has taken into account these observations, and has been engineered to adapt to changing conditions while at the same time maintaining a diverse ecological community. The flexibility of varying the hydroperiod on site by installation of a water control structure will allow staff to manipulate water levels to address management issues such as extreme weather events, control of invasive species, maximizing plant diversity, and maintenance for potential nesting species. The implementation of the perpetual monitoring and maintenance activities outlined in an adaptive management plan will ensure that sustainability is achieved to the greatest extent feasible. 197 H. Citizen /Volunteer Engagement and Outreach Components The Indian River County Conservation Lands Program (CLP) manages 26 conservation areas totaling over 2,300 acres in the County. We rely on volunteer assistance for many areas of management, including control of invasive exotic species, gopher tortoise monitoring and relocation, Florida scrub -jay monitoring, listed plant census and monitoring, and public education programming. We routinely conduct public outreach events at schools and within the community promoting conservation and outlining the challenges involved in our work. We intend for this site to be a unique opportunity to engage the public in environmental awareness at every level: from the passers-by walking and biking along Jungle Trail; to active community gardens promoting the benefits of water conservation, alternatives to fertilizer & pesticide use, and use of native plantings; through walking trails & educational displays outlining every aspect of wetland conservation, protection of Lagoon resources, and conservation of wildlife habitat; and school events that will immerse younger generations in the unique resources of the Indian River Lagoon and surrounding environments. The County tracks volunteer hours at each of our conservation areas. We also track the public interest in the various community events that we conduct or where we are a participant. We use this data to plan future educational and volunteer events. For this project we have enlisted the assistance of other groups (as detailed in Section D, above) to facilitate public educational and outreach opportunities. In addition, nearby homeowner's groups currently are engaged in this project. Based on our success at other conservation areas in the County, it is our plan to have an active group of trained volunteers assisting with operations and maintenance at the JPCA. I. Experience and Past Performance As mentioned previously, the CLP has experience in managing numerous lands in the County that have a wide variety of vegetative communities. We are very familiar with the challenges involved in habitat restoration, enhancement and preservation in wetland and upland environments. Several of our conservation areas are directly adjacent to the Indian River Lagoon, including: Captain Forster Hammock Preserve; Oslo Riverfront Conservation Area and South Oslo Riverfront Conservation Area; Harmony Oaks Preserve; Lost Tree Islands; Prange Island; Oyster Bar Marsh; Round Island South; and the Indian River Lagoon Greenway. The County has dedicated resources to successfully restore uplands and wetlands on these sites, as well as within the S17 -acre North Sebastian Conservation Area (where numerous listed wading birds have been documented using wetlands on-site for nesting and foraging). As an additional reference, the creation and enhancement of wetlands on Lost Tree Island (in an area completely overgrown with Australian pine and Brazilian pepper) was successfully completed as a cooperative effort between the County and a private landowner. The design of the created and enhanced wetlands was completed by Wendy Swindell, who now is part of the County's Conservation Lands Program. The County has applied for funding from the State Department of Historical Resources (DHR) for the restoration of the historic fruit stand on site. Preliminary feedback from the DHR is that the project has been funded, although confirmation will not be available until July 2018. This funding will not affect the implementation of the wetland restoration project, but if funded will serve as a key focal point for visitors. Work on the fruit stand would occur independent of wetland restoration efforts. 198 J. Special IRLNEP Priorities - TMDLs: Climate Change: Under - Represented Communities As part of the educational exhibits and events planned for the site, the County intends to include materials describing how the site has been planned to address potential climate change issues. This information will describe how plant community selection, target elevations, and the overall layout of the site, were designed and engineered to consider sea level rise, broader fluctuations to expected seasonal temperatures, and possible increases in extreme weather events (storms, droughts, etc.). Although not specifically addressing TMDL goals, the project does contain water quality enhancement through treatment of runoff and Lagoon waters. SECTION 3 - PROJECT FUNDING A. Partnership and Cost -Sharing Source(s) of matching funds: The County's 5 -Year Capital Improvements Program Schedule has allocated funds for access improvements to conservation areas that will include the proposed project. Documentation of in-kind match: The County will track in-kind services via a project -specific spreadsheet to be updated weekly reflecting tasks completed and staff time utilized to complete each task. The County proposes to use in-house services for the following components of the project: • Collection of all monitoring data for the project. • Coordination with the contractor during construction. • Preparation of reports for the IRL Council to document the progress and completion of the project. Information below summarizes budget data proiected for design of the restoration project, $ 61.000.00 Requested Grant Funds $ 142.455.00 Match Funds $ 16.700.00 Value of In -Kind Match Match as a percentage of Total Grant Cost = 72% B. Project Budget: The table below presents the proposed budget for the project. The proposal is flexible to include lesser funding. Task Description IRL NEP Funding IRC Cash Contribution IRC In -Kind Services' 1 Project Construction $61,000.00 $139,455.00 $3,200.00 2 Preparation of Interim & Final Reports $0.00 $0.00 $3,500.00 3 Baseline Data Collection & Report $0.00 $0.00 $2,500.00 4 Design of Educational Exhibits $0.00 $0.00 $3,000.00 5 Construction of Educational Exhibits $0.00 $3,000.00 $4,500.00 Summary Cost $61,000.00 $142,455.00 $16,700.00 Project Total Cost $220,155.00 -The County has funded $37,150.00 towards the completion of the Master Plan & development of the Conceptual Design. Final Design & Permitting is anticipated to include approximately$25,000.00 of contractor fees and in kind services, which is not included in the budget presented above. 199 Indian River Lagoon NEP 2018 Restoration Grant Jones' Pier Conservation Area Wetland Restoration Attachment A Draft Project Statement of Work 200 Jones' Pier Conservation Area Wetland Restoration Project Draft Statement of Work I. INTRODUCTION The Jones Pier Conservation Area (JPCA) is part of the rich history of late 191h century/early 20th century settlement in Indian River County. In 1889, Seaborn Jones and his family homesteaded 160 acres on Orchid Island. Mr. Jones and his neighbors built the "Orchid -Narrows Road" which is now known as Jungle Trail (listed in 2003 on the National Register of Historic Places). The Jones family tendered crops of beans and tomatoes on the property while their citrus groves were developing. The now famous Indian River Citrus originated from the labors of these early settlers. In 1907, Mr. Jones built a dock to aid in commerce along the Indian River. The Indian River and Jones' dock was featured in the movie "There Goes the Bride," and have become picturesque reminders of "Old Florida" in numerous magazines. The 16 -acre JPCA that was purchased by the County in 2011 (including the dock) is part of this original homestead. The County acquired the site from the Jones' family with assistance from the Florida Communities Trust (FCT). As part of the purchase, the County committed to implementing a management plan for the site that restores ecological value, while at the same time utilizes the existing buildings on the property for public access and display of educational and historical exhibits. To this end, the County is in the process of finalizing a Master Plan for the site that includes elements such as: (1) design of public access facilities including buildings, restrooms, trails and parking; (2) restoration of wetlands and native uplands on-site; (3) development of an outdoor classroom for use by local schools and other organizations; (4) conservation and habitat enhancement of an existing Florida gopher tortoise population; (5) establishment of community gardens to promote environmentally sensitive & sustainable practices; (6) establishment of native planting corridors along the trails, and (7) possible development of a native plant nursery (where feasible). This conceptual plan for the site has been attached as the "Jones' Pier Wetland Restoration Conceptual Project Plan." The County proposes to phase the construction of these elements in a logical progression to maximize the ultimate use of the site. The proposed wetland restoration will be one of the first activities to be completed on the site. Other proposed activities that are underway include repair of structures damaged from Hurricane Matthew and relocation and renovation of the historic fruit stand on Jungle Trail. The County has applied for a Department of State Historical Resources (DHR) Small Matching Funds Grant to build a replica replacing the dilapidated fruit stand. The DHR grant will also provide funding to create wayside educational exhibits to be displayed in the fruit stand. The fruit stand replica will serve as a hub for display of other project materials, including exhibits describing the planned wetland restoration and other IRL related educational materials. Based on preliminary feedback from the DHR, it appears that funding will be available for the fruit stand restoration in 2018. 201 W.7 O fiftestora men* tion Concei)f )k 10 epli-HER PALM pR wA ND C\' JONEWIPIEK, 4 k W PALM ISLAND LN Mir e fn� Alt L AREA ERVATIOMARE5*PA�: L7 & A� . d*__ W,e, I f I A PC )ND., NO 7 us ZVI— POND 01 AC, T"-• ISUA VERDE SQ, OL alit ORNINGSIDE DR -.4, 77t, 0 0 24 cA 1:0 MAP LEGEND Jones' Pier CA Project Walkway Ziff Site (16.5 ac) -;INDIAN < .!A : — — I Gopher Tortoise RIVER"N Existing Mangroves — — — Sanctuary HORES Proposed Projects Community Gardens R - ADA Parking 0 40 Native Plant Nursery Aim] ADA Restroom Restored Native Upland 4U Outfall Structure PON Mangrove Buffer 201/5 16. fOlr Walking Trail W _1k 7 Needlerush (DPond Z Hammock Water Flow Grass Marsh Boardwalk Deep Marsh r-_ 01 Parking Area 1,0 Ilk W:3!Ro 0 125 250 500 i Feet XY A, II. OBJECTIVE Project objectives are: • To restore and create wetlands and uplands on the site to provide ecological benefits; • To convert the existing land use to provide additional treatment of stormwater runoff prior to discharge into the Indian River Lagoon; • To use Lagoon waters for base flow through the created wetlands. This aspect of the project allows for creation of saltmarsh habitat which is unique to the area. The use of Lagoon water will help in maintaining salinity within an acceptable range, which will in turn establish the wetland plant community that will facilitate water quality improvements. • To provide refuge for wildlife, including protected species; • To design and implement the long-term management of the site to address climate change and sustainability issues. Over the past five years of observing conditions within the conservation areas along Jungle Trail, it has become obvious that the County's ability to "restore" hammock communities on the site is no longer a viable option due to shifts in water levels. • To convert the existing land use to remove a source of exotic vegetative species; • To provide for passive recreation for the public including walking trails and wetland viewing; and • To provide a comprehensive public education program that emphasizes conservation and sustainability, as well as the importance of public participation (e.g. volunteerism, environmentally sensitive day-to-day practices, etc.) III. LOCATION OF PROJECT As shown on the Location Map included in the Executive Summary, the 16 -acre site is located at 27044'5.67"N & 80°23'36.22"W along Jungle Trail, in Indian River County. The site is on the barrier island, and is located approximately 2 miles south of the intersection of Jungle Trail and CR 510. IV. SCOPE OF WORK A review of historic imagery (c.1940's) does not provide much detail about past natural resources on the site (the majority of the land had been cleared by that point). It appears that there may have been several small wetland areas on the property, including the remnant hammock that remains. Grading and site drainage have removed and/or permanently altered the majority of what may have been historic wetlands. Recent extreme weather events have resulted in significant alteration of the natural communities along Jungle Trail. In 2016, the storm surge from Hurricane Matthew and resulting persistent inundation of the un -developed lands resulted in loss of maritime hammock along the Trail. This was evident within the Captain Forster Hammock Preserve (which is approximately 203 1 -mile north of the Jones' site). The original management plan for the Jones' site outlined plans to "restore" hammock to the site; it is apparent that hammock restoration would be a poor choice given the changing conditions along Jungle Trail. Revised site planning has changes the focus from the original plan to create a mosaic of estuarine wetlands and uplands that will be constructed to withstand anticipated extreme weather events and the long-term effects of climate change. A. Final Design As part of the process for developing the Master Plan for the site, the County has completed a preliminary design of the restoration/creation of wetlands. Plan views and cross sections depicting the proposed layout and composition of the wetlands are included as Attachment #1 to this Draft Work Plan. As shown on the plans, the County proposes to create 2.8 -acres of saltmarsh with contiguous upland areas to augment habitat diversity on the site. The County is in the process of collecting geotechnical and additional topographic data required to prepare final design plans suitable for submittal of required wetland permit applications for construction. Final design considerations include: ➢ Assess pre-existing site features to maximize the cost/benefit ratio for establishing wetland habitat and water quality benefits; ➢ Design of the solar pump station to operate continuously, or to mimic high tide/low tide cycles; ➢ Assess design of a solar pump station that will lift plankton and small fish species into the wetlands without causing harm; ➢ Assess design of a discharge structure that will allow fish and plankton to escape from the wetlands into the discharge flow -way, and ultimately back into the Lagoon; ➢ Design of the discharge flow -way to maximize nutrient uptake on a per unit area basis; ➢ Utilization of the geotechnical and topographic data to refine the wetland design to maximize the diversity of proposed wetland communities. ➢ Develop a dewatering plan for construction to be approved as part of the permitting process. The current schedule for the project includes submittal of wetland permits in July 2018. Pre - application meetings have been held with both the St. John's River Water Management District (WMD) and the U.S. Army Corps of Engineers (USACE), and the project has received very positive feedback. The intent is for all permits to be in place and selection of the approved Contractor prior to October 30, 2018. B. Construction The Scope of Work for the project includes the construction of the wetland and upland areas as depicted on the attached plans. This work will include: site survey, clearing, earthwork & rough grading, installation of structures, and planting. A brief summary of the proposed sequence of events is presented below. 204 ➢ Following site mobilization and installation of required erosion control measures, the Contractor will clear the site to remove the Brazilian pepper and ruderal groundcover. ➢ Site survey will be completed to allow for rough grading of the site. ➢ Rough grading will be completed and soil will be moved to create the trail and other amenities, or stockpiled in other areas of the site for use in later public improvements; ➢ Additional survey will be completed to allow for final grading to be completed. ➢ Upon completion of final grading and installation of structures, as-builts of the site will be generated for review and approval. ➢ Once as-builts are approved, the pump can be turned on to bring in Lagoon waters prior to initiating planting. ➢ Planting will begin once suitable hydrology on the site has been established. Generally, it is preferred to plant a site with a variety of vegetative species across a topographic gradient. Wetland planting is anticipated to be most successful if completed during the summer months. However, because this site is located in east Central Florida where winters are generally mild, the installation of plants for this project can be scheduled to occur following the earthwork and start-up of the wetlands. Because juvenile plants are more sensitive to elevation that mature plants, the start-up of the wetlands will include greater scrutiny of water level fluctuations to ensure that newly planted material has the greatest chance for successful establishment. Over time the plants will become well established based on hydrologic and topographic conditions, and will be more tolerant of fluctuations. In addition to water levels, the start-up of the wetlands will consider that salt marsh plants can be very sensitive to stagnant waters with elevated salinities. The site will be maintained to flush consistent with nearby natural areas. C. MonitorinL Carefully planned monitoring plans are key to the successful establishment and long-term viability of created wetlands. Monitoring data will identify areas where re -plantings are required; provide insight into the effectiveness of water flows and levels based on species composition, substrate conditions and wildlife use; determine how elevations are affecting diversity and composition; assess water quality as needed; identify areas of erosion so that corrective measures may be instituted; and identify whether nuisance and exotic species need to be controlled. Successful monitoring will collect data not only on vegetative cover, but will also assess other wetland functions and stability of wildlife using the site. Created saltmarsh would not be immediately expected to contain all of the vegetative and wildlife species as a natural marsh, however, with proper monitoring and maintenance the diversity and abundance of species will reflect conditions within nearby natural systems. A detailed monitoring plan for the site will be developed as part of the permitting for the project. Baseline monitoring will be conducted upon completion of construction to document site conditions. It is anticipated that long-term proposed monitoring activities will include: 205 Photographic Monitoring ➢ Establishment of photo stations to document conditions within the wetlands over time. Vegetative Monitoring ➢ Establishment of transects and/or other quantitative sampling methods to document diversity and cover within the wetlands and uplands. Hydrologic Monitoring ➢ Installation of staff gauges within the wetlands, as well as one gauge on the historic dock. These gauges will be constructed and surveyed so that the wetland hydroperiods can be consistent with water levels in the Lagoon. The County may also install a rain gauge on site. Sediment Monitoring ➢ Inspection of the system to detect any areas of significant erosion that may cause problems in wetland operation. Water Quality Monitoring ➢ As part of the monitoring of the site, data including temperature, dissolved oxygen, salinity, and ph will be collected via meter readings. Samples to determine influent and effluent levels of TSS, TN and TP may be included as part of the proposed monitoring. Wildlife Assessment ➢ Saltmarsh habitat is a rare resource within Indian River County. Protected species known to utilize saltmarsh habitat include: Reddish egret (Egretta rufescens), Roseate spoonbill (Platalea ajaja), Tricolored heron (Egretta tricolor), Wood stork (Mycteria americana), Atlantic salt marsh snake (Nerodia clarkii taeniata), and Little blue herons (Egretta caerulea). In addition, a wide variety of non -listed wading birds, songbirds, raptors, small mammals, fish and aquatic invertebrates would be expected to utilize the created habitat on site. The proposed monitoring plan will include assessment of wildlife usage on site. This data will be evaluated as part of the operation of the wetland to ensure that foraging, roosting and nesting habitat is maximized. D. Maintenance As part of the permitting for the project, a maintenance plan will be developed for the site. Elements of the maintenance plan should include, at a minimum: ➢ Routine inspection of the pump station, discharge channel, and all structures (e.g. culverts, outfall structure) to clear debris and maintain operation. ➢ To the extent feasible, work in areas when the site is not inundated (e.g. low tide). ➢ Minimize trampling of vegetation (vary access routes to avoid creating pathways) ➢ Spot spray areas where nuisance and/or exotic species are identified. The plan will include minimal use of herbicide (application is proper based on target species). Additionally, the hammock area to the east of the wetland will be treated over time to reduce the potential for this area to be a seed source of Brazilian pepper. 206 ➢ This plan proposes to maintain the site as an herbaceous wetland system. To this end, the plan will include installation of screens and/or filters to collect mangrove seeds and prevent them from entering the wetland. Maintenance procedures will include routine cleaning of these screens. ➢ In the event that extreme weather conditions occur (e.g. tropical storms, hurricanes), mangrove seeds entering the wetland via storm surge will be manually removed prior to germination. ➢ Fill in any areas of erosion and consider additional planting if needed to avoid future erosion. ➢ Coordination with other County Departments, FDEP, SJRWMD, and others, as needed, to determine if there are water quality issues in the nearby areas of the Lagoon that may require that the pump station be turned off for periods of time. ➢ Maximize mosquito control via encouraging establishment of resident fish population. E. Educational Programming The County will develop an extensive educational program for the site. This plan will be prepared with assistance from our various project partners (provided in the application materials). This collaborative effort will include the following: ➢ Educational signage focusing on water quality in the IRL, with emphasis on the benefits of wetland restoration and BMP's that the public can adopt; ➢ Educational signage and other exhibits describing the need for proper management of stormwater entering the IRL; ➢ Educational signage and exhibits describing safe boating practices with respect to wildlife conservation and resource protection; ➢ Monthly educational programs on-site lead by staff or other project partners - these events will include both students and the general public; ➢ Educational exhibits detailing the history of the Jones' site and its contribution to the IRL. V. TASK IDENTIFICATION Indian River County shall complete the following tasks: 1. Quarterly Progress Reports: The County will prepare and submit quarterly progress reports after the first quarter following contract execution and continuing to project completion. 2. Collection of Baseline Monitoring Data: The County will collect baseline monitoring data following the completion of construction to document site conditions following completion of construction. 3. Project Administration and Final Report: The County will complete 100% of the project and will submit a project final report. The final report will provide copies of the as-builts and the results of the baseline monitoring event. 207 VI. DELIVERABLES AND TIME FRAMES It is anticipated that the work will be completed based on the following timeline: TASK ANTICIPATED TIMELINE INITIATION COMPLETION Final Design and Permitting 04/30/2018 09/03/2018 Finalize State of Work and Execute Final Agreement IV/A 10/01/2018 RFP for Construction 08/01/2018 10/30/2018 Mobilization 11/05/2018 11/19/2018 Site Survey 11/19/2018 12/10/2018 Preparation & Submittal of First Quarterly Progress Report 12/14/2018 01/01/2019 Clearing, Earthwork & Installation of Structures 12/17/2018 04/15/2019 Preparation & Submittal of Second Progress Report 03/15/2019 04/01/2019 Start -Up & Develop Hydrology 04/01/2019 N/A Preparation & Approval of As-Builts 04/15/2019 05/06/2019 Planting 05/13/2019 I 06/13/2019 Completion of Construction N/A 06/28/2019 De -Mobilization & Site Clean -Up 07/01/2019 07/15/2019 Preparation of Final Report 06/17/2019 08/02/2019 208 VII. BUDGET The engineer's preliminary construction cost for the project is presented below. JONES' PIER WETLAND RESTORATION ESTIMATE OF CONSTRUCTION COST BASED ON CONCEPTUAL PLAN Description Item I Quantity I Unit I Unit Price I Tota $61,000.00 Site Construction $3,200.00 2 Mobilization 1 LS $7,500.00 $7,500.00 Clearing Based on Wetland Restoration area 3.8 AC $3,000.00 $11,400.00 Haul Clearing Debris off-site and disposal 1 LS $3,500.00 $3,500.00 Pond Excavation 3 ponds -based on 6' depth 14,500 CY $4,500.00 $58,000.00 Haul Fill on-site and stockpile and depth of 6' 14,500 CY $2.00 29,000.00 Rough Gradin Site 3.8 AC 2,000.00 $7,600.00 Final Gradin Pond contouring - per pond 3 EA $7,500.00 $22,500.00 Subtotal $139,500.00 Storm Drainage & Erosion Control 12" ADS N-12 for pond outfall pipe 100 LF $23.00 $2,300.00 18" ADS N-12 pond connector pipes 200 LF 34.00 $6,800.00 Stabilized road restoration for pipe install 1 LS $6,500.00 $6,SOO.00 Solar Pump house system 1 EA $4,000.00 $4,000.00 Control Structure 1 EA $2,500.00 $2,500.00 Erosion Control 1 LS 3,500.00 $3,500.00 Subtotal $25,600.00 Planting Procure & Install Plant Materials 1 LS $23,355.00 $23.3S50.00 Su tota1 $23,355.00 Professional Services Survey Stakeout 1 LS $6,000.00 $6,000.00 Engineer Coor . and meetings through Phase I Construction 1 LS $6,000.00 $6,000.00 Subtotal TOTAL $12,000.00 $200,455.00 An overall summary of the costs included in the grant application request are Included below. Task Description IRL NEP Funding IRC Cash Contribution IRC In -Kind Services 1 Project Construction $61,000.00 $139,455.00 $3,200.00 2 Preparation of Interim & Final Reports $0.00 $0.00 $3,500.00 3 Baseline Data Collection & Report $0.00 $0.00 $2,500.00 4 1 Design of Educational Exhibits $0.00 $0.00 $3,000.00 5 Construction of Educational Exhibits $0.00 $3,000.00 $4,500.00 Summary Cost $61,000.00 $142,455.00 $16,700.00 Project Total Cost $220,155.00 1 - The County has funded $37,150.00 towards the completion of the Master Plan & development of the Conceptual Design. Final Design & Permitting is anticipated to include approximately $25,000.00 of contractor fees and in kind services, which is not included in the budget presented above. 209 Indian River Lagoon NEP 2018 Restoration Grant Jones' Pier Conservation Area Wetland Restoration Attachment 1 Wetland Restoration Conceptual Plans 210 L -T TRAIL_ 7— J �.., ,�NG�E7 f. L I L > o' < — m m z I L (n < cn <Pl- C/) -0 0M C > 03 -0 n 5- r ri < c z co < cn 1 z z 0 4-- ell- c- -0 0) z jD m cn cn If nm Z M G) m > 0 Z G) co II =r -n m M r- m tJ 0 1835 - 20TH STREET JOB NO.17-0133 JONES PIER VE BEACH, FL 32960 DESIGNED TH DRT WETLAND RESTORATION PROPOSED PLAN OMMBV FX (772) 778-3617 PH. (772) 569-0035 DARTEAWN FEB 2018 7770 JUNGLE TRAIL, VERO BEACH EXHIBIT -1 ENGINEERING, INC. CHECKED TH MOIA BOWLES VULAMMAR & ASSOCATES MELBOURNE FL-PH(m)253-1510 DA TE ISSUED FEB 21I I INDIAN RIVER COUNTY, FLCONSULTING ENGNEM-IG CA #3728 Fr PIERCE, FL-PH(772)468-9055 SCALE AS NOTED 1425 WETLAND 15'x25' BUFFER BOARDWALK EATING AREA GATE as .�, Y �Y %' •J ��1:11%1�� m � > . 'q ?♦�° ii'i'�i♦vi♦D•i'•s �'i�♦d+i0�♦i �d�i` O �� >ag, �` � � i♦�'�♦i�OD%�Oi�O� '�♦ y♦4 �P�ii i♦i♦i0O0♦' tcy IF § �� i♦yy`iy♦' ��♦♦i �Or♦�♦�Rr ONES PIER ��%♦ % IID 16.05 C All . `;, � � v�4 •♦•iRii�i•ai�i aSi r .. • iii' wa3t..,oq F, A Y. GATE WETLAND 15'x25, BUFFER :. • - DWALK SEATING AREA PROPOSED SOLARLEGEND A II II �,. ,illllll - r 1 inch 120 ft. 8'WIDE CONTROL WALKING TRAIL STURCTU ... •♦'•♦♦♦♦•i ` �F.i:Li II0�1\�� . ♦ epi � . 1 y UNIMPROVED WALKING PATH 8'WInF= WALKING TRAIL PROPOSEDPLANTING• ZONE AREA DESIGNAT101h ZONE A'/ UPLAND RESTORATION - 0.94 AC Z f Upland Restoration Gumbollmbo BwserasknauDa 75 Jamaleaeapor OuadmllaJamakrab 50 Myrsin• Atyrslnacubana 50 'B' *" i Llmbarcaper Cynophalla ft..— 25 ZONE / GRASS MARSH - 1.05 AC I I Slmpean'a stopper Myrcknthu lrWans IDD ZONE 'C' / SHALLOW MARSH - 0.91 AC ** Saltbush(Pdmeter Only)B—harb hafk.Bbib 230 B 'D' ** Saltgran DbdcMbspkata 1500 Marsh elder lvahutesoens 250 ZONE / DEEP MARSH - 0.12 AC Perennial glass -ort SalkorelaamDlpua 300 Salbneado- rigraae Spartleapat— 1600 Sea Mlle Suasda lbaarb 300 II Christreasberry Lycbm canik6num 50 _ ZONE'E' / OPEN WATER - 0.75 AC ** WETLAND BUFFER - 0.38 AC i I **Tl'1TAI %AIPTI AAIFI AREA = - 9 AZ AC II II �,. ,illllll - r 1 inch 120 ft. 8'WIDE CONTROL WALKING TRAIL STURCTU ... •♦'•♦♦♦♦•i ` �F.i:Li II0�1\�� . ♦ epi � . 1 y UNIMPROVED WALKING PATH 8'WInF= WALKING TRAIL PROPOSEDPLANTING• ZONE AREA DESIGNAT101h COMMON NAME SCIENTIFIC NAME N PLANTS A Upland Restoration Gumbollmbo BwserasknauDa 75 Jamaleaeapor OuadmllaJamakrab 50 Myrsin• Atyrslnacubana 50 Marlberry Ardbb osea6onkldes 55 Wlldcolb. Fbychoabnenma 600 Llmbarcaper Cynophalla ft..— 25 Falmmaatio Std—y1a, beddhsl 20 SYro-barry Cho—alba 100 Slmpean'a stopper Myrcknthu lrWans IDD Spanish stopper Brpen1.7oedda 75 Saltbush(Pdmeter Only)B—harb hafk.Bbib 230 B Grass Marsh Saltgran DbdcMbspkata 1500 Marsh elder lvahutesoens 250 Anmral glaes-ort Sslkornbblpelo0 300 Perennial glass -ort SalkorelaamDlpua 300 Salbneado- rigraae Spartleapat— 1600 Sea Mlle Suasda lbaarb 300 Seashored.psnd Sporobolwvighkw 550 Christreasberry Lycbm canik6num 50 _ Seapurslans Sesuvbmportulmstu 225 ZONE KFEA DESIGNATION COMMONNAME SCIENTIFIC NAME #PLANTS C Shallo-Marsh Nesdlsnrsh J.—e—marhnus 250 Smootheordgmn SpertbeaSarn9lors 350 Saltgran DbOehibspkaL 500 Marehold•r. lrafth—ns 700 Annual glass -ort Salkomloblooeg 250 Perennial glasaamrt Salkombamblpus 250 Ssibnesdo-eordgr»a Sparthapaterrs 300 Seablit• Boesch lhearh 150 Seaahom dropseed SporoboNs vbghkus 250 D Deap Marsh Nsedleruah Juncusroemarhnus 50D Smooth cordgnn SpartksaltemNma 225 F Wetland Buller Salteseado-sordgraes Spardnapabns 1250 Sea o -aye Bonkhb hubscens e00 Whllelndigobsmy Randle—learn 20 Chrbbna•berry Lyckm arolbbnum 20 aX Ow X EL Z = Q m LL O O uj w Z � ' (L o U) w Lu I- > Z J > OZ� z< Z 21 ~ O n O Z F -t EXISTING 8. MANGROVE MULCH ZONE'B' ZONE'C' BUFFER GRASS SHALLOW PATH AND SWALE MARSH _ - MARSH R 10:1 ZONE'C' ZONE'B' SHALLOW GRASS ZONE'E' - OPEN WATER EXISTING EXISTING GROUNDSWALE\ --.---------- --I (-)2.0 (-)2.0- 2:1 -)2.0-2:1 (-)8.0 SECTION A -A N.T.S. 8' ZONE'B' ZONE'C' MULCH ZONE 'A' GRASS SHALLOW 18.23' _ PATH _ - UPLANDS MARSH -MARSH SWALE MATCH EX. 10: 1.71 ZONE'E' - OPEN WATER (-)2.0 (-)2.0-' 2:1 2:1 (-)8.0 — — (•)8.0 SECTION B -B N.T.S. 8' ZONE'A' MULCH ioi ANns PATH GROUND ZONE'C' ZONE'B' 8' SHALLOW GRASS ZONE W MULCH UA UAosu I IDI AMM PATH EXISTING SWALE EXISTING R R 0 wenn 'y w c � .� F- LL 9 r X3iE D u n n z r w m ^� If ' O i k - w U z� �z W z= o0Z $� o1= W E Z D 0 M W ~ U W � d m 0 U) _ d 0 W U MATCH EXJ "J .71 Z v 1.81 m LL ^' g o y W O w Z W w PLEASE NOT THAT ALL ELEVATIONS AND HYDROPERIOD DATAZ Z 2t Z PRESENTED IS CONCEPTUAL. FINAL ENGINEERING PLANS WITH g Z ACCOMPANYING GEOTECHNICAL DATA WILL PRESENT 21 W o o z DETAILED DESIGN CRITERIA. n R 8' MULCH ZONED' SECTION C -C N.T.S. ZONE'C' ZONE'S' ZONE'C' SHALLOW GRASS SHALLOW W N Q :WZ LLQ > cd� >V z�0 ZONE'C' Z Z 5 SHALLOW L ooz g� �1= Lu E -I- 0 0 W U W F - 0 V7 m 0�= v7 a0w 0 I ZONE'B' W GRASS ZONE W ZONE'C' SHALLOW „-- N.T.S. ZONES' GRASS SECTION D—D N.T.S. z= �10:1 om W 0 Lu Z OW �> d�� > o LU W w it PLEASE NOT THAT ALL ELEVATIONS AND HYDROPERIOD DATA 0 Z � IX PRESENTED IS CONCEPTUAL. FINAL ENGINEERING PLANS WITH g z a ACCOMPANYING GEOTECHNICAL DATA WILL PRESENT 214no z DETAILED DESIGN CRITERIA. Indian River Lagoon NEP 2018 Restoration Grant Jones' Pier Conservation Area Wetland Restoration Attachment B Letters of Support 215 FLORIDA &_ Ocean Science for a Setter World B. Frank Sakuma, Jr. Chief Operating Officer - IRL Council Indian River Lagoon National Estuary Program 1235 Main Street Sebastian, Florida 32958 February 14, 2018 Re: IRLNEP Restoration Grant Program This letter serves to indicate my support of the Jones Pier Conservation Area restoration project. If funded, the project will afford an abundance of opportunities for the public to become engaged and educated on the continuing efforts to enhance the Indian River Lagoon. We would be happy to provide pamphlets and literature on our research in the IRL, particularly on our focus area of dolphins inhabiting the lagoon. Jones Pier provides an excellent platform to view dolphins due to the narrow confines of the waterway and in fact, has multi -generations of dolphins that frequent the area. Mr, and Mrs. Jones were neighbors of ours on Jungle Trail and he always reveled in recounting tales of the Indian River Lagoon. It would be very nice to see his land and .legacy restored since the devastating impact of Hurricane Irma. I am sure he would delight in the history of the area being preserved and new stories to be shared along his land, generously donated to the Indian River County upon his passing. I hope you will consider funding this fine project. Regards, Marilyn Mazzoil Program Director, Dolphin EcoCensus Harbor Branch Oceanographic Institute 5600 U.S. l North, Fort Pierce, FL 34946 ® 772.242.2400 o hboi.fau.edu 216 An Equal Opportunity7Equa2 Access Institution 14e ELC ENWRONML-NTAL B. Frank Sakuma, Jr. Chief Operating Officer - IRL Council Indian River Lagoon National Estuary Program 1235 Main Street Sebastian, Florida 32958 sakuma@irlcouncil.org RE: IRL NEP Restoration Grant Program February 23, 2018 Dear Frank, This letter confirms my endorsement of Indian River County's Indian River Lagoon NEP grant application for partial funding for the construction of a wetland restoration project on the Jones' Pier Conservation Area, along Jungle Trail, Indian River County, not far from the Environmental Learning Center campus. Jungle Trail is listed on the National Register of Historic Places, and the Jones' Pier site is listed as a Contributing Structure to this designation. The County's plan to design and permit a wetland system that will provide saltmarsh habitat for a wide variety of wildlife and plant species, utilize Lagoon water to create a meandering flow -way pond/saltmarsh system that will also serve to treat runoff from the site prior to discharge, will be unique to the area. It will also afford an abundance of opportunities for the public to engage in and be educated on the continuing efforts to enhance the Lagoon. The Environmental Learning Center sees the proposed improvements to the site as an excellent opportunity for future partnerships in educational and enrichment activities not only for the current population we serve but for the many others in the community we have not yet reached. We see great value in the proposed project for our community, fully endorse it, and look forward to it coming to fruition. With best wishes, Molly Steinwald, MS Executive Director molly@discoverelc.ore; 772-589-5050 x104 255 Live Oak Drive I Vero Beach, FL 32963 1772-589-5050 1 Info@ DiscoverELC.orR I DiscoverELC.ore Facebook I Twitter I Pinterest I Linkedln I InstaRram The mission of the Environmental Learning Center is to educate, inspire and empower all people, including those with minimal access to nature, to be active stewards of the environment and their own well-being. 217 Indian Rover County Historical Society, Inc. P. 0. Box 2192 Vero Beach, Florida 32960 February 8, 2018 Mr. B. Frank Sakuma, Jr. Chief Operating Officer— IRL Council Indian River Lagoon National Estuary Program 1235 Main Street Sebastian, Florida 32958 RE: Indian River County, Wetland Restoration Project Jones' Pier Conservation Area Dear Mr. Sakuma, The Indian River County Historical Society would like to offer our full support to the grant application from Indian River County. This proposal would construct a wetland restoration project on the Jones's Pier Conservation Area located on the southern portion of the historic and scenic Jungle Trail Road. Both Jones's Pier and Jungle Trail are valuable assets not only for Indian River County but for the entire Indian River Lagoon area. The homestead known as Jones's Pier has been located along the "Narrows" of the Indian River for well over 100 years. Jungle Trail, an old narrow dirt road, once AIA, has 7 miles of its original 14 -mile alignment intact. This road is listed on the National Register of Historic Places and is considered a byway of the Indian River Lagoon National Scenic Highway. In 1995, Jungle Trail was recognized by the State of Florida as a Florida Greenway during Florida's Sesquicentennial Celebration. Jones's Pier and Jungle Trail are unique historic and environmental treasures offering the citizens and visitors a glimpse of old Florida rarely found along the barrier island of the Indian River Lagoon. The Indian River County Historical recently released a "mini" documentary on our website (irchistorical.org) featuring this Trail, Jones Pier, and other historical places along the Lagoon. We feel the review of Indian River County's grant application will prove to be favorable and we are looking forward to working with the County on these valuable resources. Sincerely, dw��Q Ruth Stanbridge Research Historian 218 Jmdian Kiver woe.,uito C0.t,012i.4&,t 5655 411t Street Vero Beach, Florida 32967 >~ % -k Phone: 772.5622393 Fax:772.562.9619 o http://irmosquito.com irmcd@irmosquito2.org QG,ro c0 DOUGLAS CARLSON, Director February 1, 2018 Mr. B. Frank Sakuma, Jr. Chief Operating Officer- IRL Council Indian River Lagoon National Estuary Program 1235 Main Street Sebastian, FL 32958 Re: IRLNEP Restoration Grant Program Dear Mr. Sakuma, Wendy Swindell at the Indian River County Parks Division has brought to my attention her office's intent to apply to the IRLNEP for a grant for the construction of a wetland restoration project on the Jones' Pier Conservation Area in Indian River County (IRC). Because our office regularly carries out mosquito control efforts on that property on a need basis, Wendy has expressed interest in our office becoming involved in the project design to try and ensure that the resulting project meets our office's mosquito control objectives. We regularly work with IRC and appreciate their offer of involvement early in the project. With this letter, we want to express our support for this worthwhile project application. If funded, we look forward to working with IRC in the design and implementation of a project that will attempt to enhance the Indian River Lagoon ecosystem without causing a significant mosquito problem in the area. Feel free to contact me if you need any additional information. Sincerely yours, DoLV Carlson Director 219 KEEP INDIAN.RIVER RFAl1TIF1111 KEEP AMERICA BEAUTIFUL AFFILIATE 1596 Old Dixie Hwy Vero Beach, FL 32960 Phone: 772-226-7738 E-mail: Daisy@KeepindianRiverBeautifuI.org Website: www.KeepindianRiverBeautiful.org BOARD OF DIRECTORS 2/20/18 President—Ashima Wild Republic Services Vice President -Anna Valencia -Tillery B. Frank Sakuma, Jr. White Glove Moving Chief Operating Officer - IRL Council Indian River Lagoon National Estuary Program Treasurer — Kristiewoodward 1235 Main Street Oculina Bank ' Sebastian, Florida 32958 Secretary — Kitty Rossetti, Remax Realty Associates Dear Mr. Sakuma, Brittany Beatty, I am please to write this letter of support for the County Parks & Conservation VanDeVoorde Hall Law Division. Keep Indian River Beautiful has worked with the staff on several occasions to install native pollinator plants and native trees at the Alex De , Captain Forster's Hammock Preserve on Jungle Trail. We have also partnered with Proformance nce Construction them for other projects including park cleanups and school presentations. Commissioner Joe Flescher, IR Board of County Commission The staff is very knowledgeable and considerate about working with native species that benefit each particular habitat and the residing species. They are very Julia Held, Professional, easy to work with and have experience working with volunteers. FL Virtual School I truly recommend them for this grant to benefit our community and our Himanshu Mehta, IR Solid Waste Disposal District environment. Melibe Thomas, Kimley-Horn & Associates Sincerely, Troy Westover, Dale Sorensen Real Estate Daisy Packer Chris woodruff, Executive Director Paddles By the Sea Keep Indian River Beautiful Bruce 2ingman, Our mission is to unite our community through environmental responsibility. 220 0 -- Jones' Pier Conservation Area o Purchased by Indian River County September 2008 - $6.75M 3/6/2018 0220.1 3/6/2018 Jones' Pier Conservation Area o Purchased by Indian River County September 2008 - $6.75M 0 45% Cost -share Partner Florida Communities Trust/Management Plan and Grant Award approved April 2018 o Caretaker lease with Mr. Richard Jones Jones' Pier Conservation Area o Purchased by Indian River County September 2008 - $6.75M o 45% Cost -share Partner Florida Communities Trust/Management Plan and Grant Award approved April 2018 o Caretaker lease with Mr. Richard Jones until his passing in March 2011 ::.. 3/6/2018 220 ' 3 i! I Jones' Pier Conservation Area o Purchased by Indian River County September 2008 - $6.75M o 45% Cost -share Partner Florida Communities Trust/Management Plan and Grant Award approved April 2018 o Caretaker lease with Mr. Richard Jones until his passing in March 2011 o Purchased to protect the environmental and historical significance of the site 3/6/2018 220 ' 3 3/6/2018 220'4 Jones' Pier Conservation Area o Purchased by Indian River County September 2008 - $6.75M lTN,� joiles Me]-Wellaild Restoration TL.a ''ti Location A7a1) o 45% Cost -share Partner Florida Communities Trust/Management Plan and , .:.. Grant Award approved April 2018 t ` o Caretaker lease with Mr. Richard Jones until his passing in March 2011 o Purchased to protect the environmental _ [�!' BOnrlaadCl3 and historical significance of the site o Public use improvements an integral part of the management plan and requirements for FCT Grant 3/6/2018 220'4 i lTN,� joiles Me]-Wellaild Restoration TL.a ''ti Location A7a1) Indian Niro County MO& = JonCs' PiM ) Gopl Forst Location Ho mgtk Y �'; Preserve _ [�!' BOnrlaadCl3 / Cous[¢v.non fi a0 � t o�` O 16.5 Acres r., •�'u "'N - O Along the Eastern shore of the Indian River Lagoon I — �u Class II Waters Rl a _ sacro. `� �1 hx L y �, mrnn y ! 12 wnt sr t� I 3/6/2018 220'4 E 1 O Board Approved Management Plan & FCT Grant Agreement— 2008 I 3/6/2018 2-7A' 5 O Board Approved Management Plan & FCT Grant Agreement— 2008 i i O Mr. Jones' Caretaker's Lease 3/6/2018 2-7A' 5 3/6/2018 21-a' 6 EMSMRCEPURCHAS O Board Approved Management Plan & FCT Grant Agreement — 2008 O Mr. Jones' Caretaker's Lease o Mr. Jones Death — March 26, 2011 i O IRC assumes management of property 2011 3/6/2018 21-a' 6 EMSMRCEPURCHAS O Board Approved Management Plan & FCT Grant Agreement— 2008 O Mr. Jones' Caretaker's Lease O Mr. Jones Death — March 26, 2011 i O IRC assumes management of property 2011 i 3/6/2018 21-a' 6 3/6/2018 2W' 7 O Board Approved Management Plan & FCT Grant Agreement— 2008 O Mr. Jones' Caretaker's Lease O Mr. Jones Death — March 26, 2011 O IRC assumes management of property 2011 O 1 RSO Deputy Lease as Caretaker 2012-2016 i O Brochure Designed —Jan 2014 3/6/2018 2W' 7 O Board Approved Management Plan & FCT Grant Agreement -2008 ' O Mr. Jones' Caretaker's Lease O Mr. Jones Death — March 26, 2011 O IRC assumes management of property 2011 O IRSO Deputy Lease as Caretaker 2012-2016 i O Brochure Designed —Jan 2014 3/6/2018 2W' 7 Y, ?r 3/6/2018 2V. 8 NQ O Board Approved Management Plan & FCT Grant Agreement— 2008 O Mr. Jones' Caretaker's Lease O Mr. Jones Death — March 26, 2011 O IRC assumes management of property 2011 O I RSO Deputy Lease as Caretaker 2012-2016 O Brochure Designed — Jan 2014 O Florida Inland Navigation District Grant I Awarded — Docks Repaired June 2015 Y, ?r 3/6/2018 2V. 8 3/6/2018 2V. 8 3/6/2018 2 Lo - 9 i; VE O Board Approved Management Plan & FCT Grant Agreement— 2008 . O Mr. Jones' Caretaker's Lease O Mr. Jones Death —March 26, 2011 O IRC assumes management of property 2011 O IRSO Deputy Lease as Caretaker 2012-2016 O Brochure Designed — Jan 2014 O Florida Inland Navigation District Grant I Awarded — Docks Repaired June 2015 O Guest cottage opened for education monthly, small parking area, kiosk in place— December 2015 O Hurricane Matthew— October 2016 3/6/2018 2 Lo - 9 I /E 5 „S a O Board Approved Management Plan & FCT Grant Agreement— 2008 O Mr. Jones' Caretaker's Lease O Mr. Jones Death — March 26, 2011 O IRC assumes management of property 2011 O 1 RSO Deputy Lease as Caretaker 2012-2016 O Brochure Designed — Jan 2014 O Florida Inland Navigation District Grant Awarded — Docks Repaired June 2015 O Guest cottage opened for education monthly, small parking area, kiosk in place — December 2015 O Hurricane Matthew— October 2016 3/6/2018 2 Lo - 9 3/6/2018 22b" 10 EN I Public Use Improvements FCT Special Management Conditions • 2008 Permanent I Recognition Sign 3/6/2018 22b" 10 3/6/2018 zz,d " 11 ! I R IN Public Use Improvements 'Ian FCT Special Management Conditions • 2008 . Restoration Permanent Interpretive Stormwater Recognition Sign Signage Plan 12 Education Classes/ I Programs/Year 3/6/2018 zz,d " 11 IN nwater 'Ian Restoration Acres 3/6/2018 zz,d " 11 3/6/2018 LLn12 Public Use Improvements FCT Special Management Conditions • 2008 Permanent Interpretive Stormwater Recognition Sign Signage Plan 12 Education Classes/ Upland Restoration Programs/Year 12 Acres Walking Trail & I I Picnic Pavilion ' Picnic Pavilion 3/6/2018 LLn12 vN e Public Use Improvements FCT Special Management Conditions • 2008 Permanent Interpretive Stormwater Recognition Sign Signage Plan 12 Education Classes/ Upland Restoration Programs/Year 12 Acres Walking Trail & ' Picnic Pavilion Staffed Nature Center Providing Year -Round Education Programming 3/6/2018 LLn12 Public Use Improvements 2011-2016 Main House Leased for Security Presence I,:'l 1 II -I*I Public Use Improvements 2011-2016 Main House Leased for Security Presence Minor Repairs to Home i 3/6/2018 ZZG' 13 3/6/2018 L:Lk 14 I I Public Use Improvements 2011-2016 Main House Leased for Security Presence Minor Repairs to Home I I Clean Guest Cottage - Open to Public Fence Main House Yard 3/6/2018 L:Lk 14 Public Use Improvements 2011-2016 Main House Leased for Security Presence Minor Repairs to Home Clean Guest Cottage - Open to Public Fence Main House Yard 3/6/2018 L:Lk 14 3/6/2018 ZZb" 15 i T 1 Public Use Improvements 2011-2016 Main House Leased for Security Presence - Minor Repairs to Home Clean Guest Cottage - Open to Public i Fence Main House Yard FIND Grant & Repair Docks Monthly Historical Education Programs 3/6/2018 ZZb" 15 I NT Public Use Improvements 2011-2016 Main House Leased for Security Presence Minor Repairs to Home Clean Guest Cottage - Open to Public i Fence Main House Yard FIND Grant & Repair Docks Monthly Historical Education Programs 3/6/2018 ZZb" 15 3/6/2018 2Z° - 16 it Public Use Improvements 2011-2016 Main House Leased for Security Presence Minor Repairs to Home Clean Guest Cottage - Open to Public Fence Main House Yard FIND Grant & Repair Docks Monthly Historical Education Programs Site Open to the Public on Limited Basis/Docks Open Daily 3/6/2018 2Z° - 16 JONES' PIER HISTORIC PRESERVATION AND CONSERVATION AREA PURCHASED BY INDIAN RIVER COUNTY WITH COST SHARE FUNDING FROM THE ta?,+? ,>� FLORIDA COMMUNITIES TRUST USING FLORIDA FOREVER FUNDS �� r "�� t +'.,n ACQUIRED IN 2008 •r� OF , t1i7=771 Al , t1i7=771 Aua, IV v", 1, V , ; "A- Awzm 11,!, := Itl*tc,.f AT 3/6/2018 Z.1�b ' 21 EVENTS SINCE PURCHASE' , Riverside Hwy Al A Estates '�.T.1��l.S fa fi � �!d'! iii!' T✓� �!! . Palm Island (Morningside Subdivision Drive) K y�• '�(Z��'y'4' .i _' ti� 1 y _ I 0•lGx.?sCiiZiD:Iy�F.IL�u d^1:lrt:IiC(5 De22!•D13 ®lL`3•�DH.lf DH3f!GfiC•IL*29:111d1[^n �Cii�IDZt�M.�nn+c �`.S��Cty iCPviF'd+.5sfi�l�<FixSitII�Pt �®lc:L2�D:1E�SiY�Y•xFl!! �� iYZih:L3iE33ET+h.u� t.'xu+:•D.ti3 �• hrtxnaux� sIa1�Ti•}di6• h�ix�hhlZxlD .. - '�.'," 3, "fit,;:' = 3' �' ' ' •k�" ,. :y� 3/6/2018 Z.1�b ' 21 '�.T.1��l.S fa fi � �!d'! iii!' T✓� �!! 0•lGx.?sCiiZiD:Iy�F.IL�u d^1:lrt:IiC(5 De22!•D13 ®lL`3•�DH.lf DH3f!GfiC•IL*29:111d1[^n �Cii�IDZt�M.�nn+c �`.S��Cty iCPviF'd+.5sfi�l�<FixSitII�Pt �®lc:L2�D:1E�SiY�Y•xFl!! �� iYZih:L3iE33ET+h.u� t.'xu+:•D.ti3 �• hrtxnaux� sIa1�Ti•}di6• h�ix�hhlZxlD 3/6/2018 Z.1�b ' 21 VL AL 'i"1W M!1111111111 IL About the 3UN-W,(ell FIND (or the Navigation District) was created by the Florida Legislature in 1927 to be State sponsor for the Atlantic Intracoastal Waterway. This act authorized the purchase of the existing East Coast Canal, constructed by private interests, which ran from Jacksonville to Miami. Today, the Navigation District consists of the twelve counties along the east coast of Florida from Nassau through Miami -Dade. ■ Find Member Counties The Board levies a small tax (0.032 mils) on all real property within its boundaries to generate the funds necessary to fulfill the Districts responsibilities.--� �'�� .�.. � 1 � �.:.r-�„"' •rte_ ��i`, WIT vvt r.r- Mm.W.. vlp-l�l ;lam" � r , t i✓ ,�. +y: t IN Y�� 3/6/2018 2-2,6'25 I Public Use Improvements 2011-2016 Main House Leased for Security Presence Minor Repairs to Home Clean Guest Cottage - Open to Public BECAME A HURRICANE SEPT.P 29 I Fence Main House Yard LANDFALLS IN HAITI T f f FIND Grant & Repair Docks AND CUBA ON OCT. 4 Monthly Historical Education Programs Site Open to the Public on Limited Basis/Docks Open Daily L I is DESIGNATED SEPT. 3/6/2018 2-2,6'25 MATTHEW'S HISTORY ' (LANDFALL ON SC COAST I BECOMES POST -TROPICAL I ON OCT. B j`'� . ON OCT. 9 NW BAMAS STRUCK , MOVES NEAR ONHAOCT. b i....'. FLORIDA OCT. 71 BECAME A HURRICANE SEPT.P 29 LANDFALLS IN HAITI T f AND CUBA ON OCT. 4 ASCATEGORY 4 r�"+�r .AV/ 1NVEST47L is DESIGNATED SEPT. 25 PEAK STRENGTH AS CATEGORY S ON SEPT. 30{ +`- MATTHEW NAMED SEPT. 28 3/6/2018 2-2,6'25 3/6/2018 2,26.26 HURRICANE MATTHEW IMPA II �i •d . .3 .� i '3� fi3} i� 3/6/2018 2,26.26 ��. '•?�� - �t �'f�`� / �l/% � �r� t .- of .:> 8 S �� ~Pi . Y + t` •:3.bvqlt f _ v� .: y f yrs' l' JL*-- •, _ ... .. - cin r ��. '•?�� - �t �'f�`� / �l/% � �r� t .- of .:> 8 S �� ~Pi ZU OHMGP Grant Application r�arsuaaPwmmE o "—' OFEMA Project ;o.1.;n` 1 wmad Fertoa:aRe wn w,aaaEerta:tmce .a Worksheet Ra«a�af of Y. Subgrant Application • PEMA Form 9491 Nate:tM tlN�fbn Store fa Uaapaadnbi5% rfDFfH Eegaft:Cv x•nea[a£M KfrKv VROJECE WO0.KSKEfr awry ffoxcl�n e.,ow Fn .. . nm ccwn+ni wxcenrnam>ex a», 1" 1 1 1 rum - oErcwnnnuoowr„mna wur. r.�eeoe ata ta�.axa.r>•m..<xx�. a..,mxm.,ae.w,.a .�e..:aax+m+•nw �� .,.nm.r nro.xx.e :so-.xm.x Ltalw K" . Rawaain:pfwea ........:. 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DamarraAm3m 0M.4 JONESIS PIER DIDIANWERCOUNTY CONSERVATION AREA BOARD OF COU:TYC011Y63POWERS MASTEFtSffEPLAN A�MQIL. 100 0 N j 200 Sm Fed ROURE E PAGE 16 f9M5iiie= 7 3/6/2018 2 2,6'29 3/6/2018 G' 30 i Public Use Improvements (Parking, Trails, Restrooms) i i i E CIE $ • Windsor $ 2008.2016 2018 Mitigating FEMA Damage October 2016 Future Damage 2016-2018 f Stormwater Feature & Upland Restoration 2008.2018 Upland Restoration Proposed Future Site Improvements • Community Garden -Native Plant Nursery (Area) -Habitat Enhancement 3/6/2018 G' 30 i Public Use Improvements (Parking, Trails, Restrooms) i i i E CIE $ 2008- Summer 2016 3/6/2018 G' 30 3/6/2018 2L6 ' 31 4 i I IT Public Use Improvements (Parking, Trails, Restrooms) CIE $ 2008.2016 FEMA Damage i r i i October 2016 i i i i __.. 3/6/2018 2L6 ' 31 4 i I IT Public Use Improvements (Parking, Trails, Restrooms) CIE $ 2008.2016 +Windsor Allocation FEMA Damage i i i i October 2016 i_.. 3/6/2018 2L6 ' 31 3/6/2018 2_2,,)'32 T Public Use Improvements (Parking, Trails, Restrooms) CIE $ • Windsor $ 2008.2016 MFEMA Damage Mitigating October 2016 Future Damage 2016-2018 i Stormwater Feature i I Main House Guest Cottage 3/6/2018 2_2,,)'32 1 Public Use Improvements (Parking, Trails, Restrooms) CIE $ • Windsor $ 2008.2016 2018 i i Stormwater Feature & Upland Restoration 2008.2018 3/6/2018 2_2,,)'32 3/6/2018 Z7� '3 3 s IMMANWMELOEMEN Public Use Improvements (Parking, Trails, Reshooms) CIE $ • Windsor $ 2008.2016 i . i 2018 I I Stormwater Feature & Upland Restoration 2008.2018 3/6/2018 Z7� '3 3 i RR E Public Use Improvements (Parking, Trails, Reshooms) CIE $ • Windsor $ 2008.2016 2018 A. i . i Stormwater Feature & Upland Restoration 2008.2018 . 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Improvements Benefits to the (Parking, Trails, Restroorns) CIE $ - Windsor Lagoon 2008.2016 2018 • Long Term Viability Mitigating Future Damage • Public Use - 2016.2018 Destination Point j Stormwater Feature -Educational Opportunities & Upland Restoration 2008.2018 Wildlife Value 3/6/2018 7 2'34 3/6/2018 2,V'35 Public Use Improvements (Parking, Trails, Restroorns) CIE $ - Windsor 2008.2016 2018 Mitigating Future Damage 2016-2018 Stormwater Feature & Upland Restoration 2008.2018 J I 3/6/2018 2,V'35 Public Use Improvements (Parking, Trails, Restroorns) CIE $ -Windsor 2008.2016 14 2018 FEMA Damage Mitigating October 2016 Future Damage 2016-2018 Main House Stormwater Feature -Restore to Pre- & Upland Restoration Storm Condition 2008.2018 -Refurbish and Re -purpose for Public Use 3/6/2018 2,V'35 3/6/2018 ZL6'36 E Public Use Improvements (Parking, Trails, Restrooms) CIE $ • Windsor $ 2008.2016 2018 Mitigating FEMA Damage October 2016 Future Damage 2016-2018 i i i j Stormwater Feature & Upland Restoration 2008.2018 3/6/2018 ZL6'36 3/6/2018 Zi,o' 37 Public Use Improvements (Parking, Trails, Restrooms) CIE $ • Windsor $ 2008.2016 2018 Mitigating FEMA Damage October 2016 Future Damage 2016-2018 i r Stormwater Feature & Upland Restoration 2008•2018 Upland Restoration Proposed Future Site Improvements -Community Garden • Native Plant Nursery (Area) -Habitat Enhancement i I I 3/6/2018 Zi,o' 37 '�l 3 I'IcI \I i II wil R71 MV I ii '. " `- • .. W I 4".. $t 1 A A 3/6/2018 Zi,o' 37 3/6/2018 L2,'38 PA °il h �FEA'mER SDR r ®( loll • ' , 11,(� '' OND i POND. NE SLA o .� :. ' ' • • ° a 1 �'Di�rsn SC• EaU �°� .•.! DESIGN FEATURES -Solar pump (to be designed to facilitate aquatic species - movement into and out of site) • Species composition planned to maximize nutrient removal & wildlife utilization • Flood Storage • Habitat designed to withstand extreme storm events/sea level rise • Educational Opportunities • Reduced colonization by exotic species • Low O&M 3/6/2018 L2,'38 3/6/2018 2_2,O � 39 1 01 11 Ll I CO.SERVATION'... Fp7m -mND I SUBOMStON JONES PIER 605AC f1tw U�;i 1411vi t t I I I LJ L L J 4 - �J •C - - - - - - - - - - - - -- - - - 3/6/2018 2_2,O � 39 Fp7m -mND I SUBOMStON JONES PIER 605AC t t I I I LJ L L J 4 - �J •C - - - - - - - - - - - - -- - - - GRAPHIC SCALE (IN FEET) ----- 3/6/2018 2_2,O � 39 3/6/2018 2_ 2A 40 L 1 .1 11111 -L CIA Ll I Wi. 120 IE 777777�� Ilm ��lm ws Im 60SAC' i Wall LEGEND m m 3/6/2018 2_ 2A 40 ,Mr MIAMI CIA Ll 777777�� Ilm ��lm 3/6/2018 2_ 2A 40 ,T;)V !jxMV 'IJ ! I Ll.j 11 J:(. :11s, ,,q;ll - ( - %--- -�4r- TTM 13 i;g " ww,� Haul Fill on-site and stockpile $29,000.00 Mobilization Clearing (Wetland Restoration arca only) $] 1,400.00 Pond Excavation $58,000.00 w Clearing (Pond &Restoration area only) $11,400.00 OPTION A: WETLAND ENHANCEMENT/FEATURE OPTION B: BORROW POND/RESTORED HAMMOCK $3,500.00 Pond Excavation SITE WORK SUBTOTAL Mobilization $7,500.00 Final Grading (Pond contouring - per pond) $22,500.00 SUBTOTAL $I39,500.00 I I 1 I Haul Fill on-site and stockpile $29,000.00 Mobilization Clearing (Wetland Restoration arca only) $] 1,400.00 Pond Excavation $58,000.00 $7,500.00 Clearing (Pond &Restoration area only) $11,400.00 Haul Clearing Debris off-site and disposal $3,500.00 Pond Excavation $46,400.00 SUBTOTAL STORM DRAINAGE & WATER CONTROL Final Grading (Pond contouring - per pond) $22,500.00 SUBTOTAL $I39,500.00 Mobilization Clearing (Wetland Restoration arca only) $] 1,400.00 Pond Excavation $58,000.00 $7,500.00 Clearing (Pond &Restoration area only) $11,400.00 Haul Clearing Debris off-site and disposal $3,500.00 Pond Excavation $46,400.00 SUBTOTAL STORM DRAINAGE & WATER CONTROL Pond Outfall &Connector $9,100.00 14W AT R E $6,500.00 T OPTION A: WETLAND ENHANCEMENT/FEATURE OPTION B: BORROW POND/RESTORED HAMMOCK SUBTOTAL STORM DRAINAGE & WATER CONTROL I i i I Pond Outfall &Connector $9,100.00 Stabilized road restoration $6,500.00 SUBTOTAL $25,600.00 Pond Outfall &Connector $9,100.00 Stabilized road restoration for pipe install $6,500.00 Stabilized road restoration $6,500.00 3/6/2018 ZZa " 42 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services �a c a. CONSENT AGENDA BCC MEETING 03106@018 Date: February 28, 2018 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Beth Powell, Conservation Lands Manager Subject: Notice of Application for FDEP Land and Water Conservation Fund Grant for Public Access Improvements to the Hallstrom Farmstead Conservation Area DESCRIPTIONS AND CONDITIONS: The Hallstrom Farmstead Conservation Area is located in southeastern Indian River County on Old Dixie Highway, south of Oslo Road and just west of US Highway 1. The 93 -acre project area was purchased in November 2002 from Hallstrom Properties, Inc. and the St. Lucie Development Corporation in 3 parcels. Indian River County was awarded a 75% cost -share grant from the Florida Communities Trust (FCT) for the purchase of the Conservation Area. The purchase price and associated expenditures to acquire the site was approximately $2.1 M. The conservation area includes the remaining privately -owned area of the historic Hallstrom Farmstead and adjacent areas of sand pine scrub, maritime hammock, scrubby flatwoods and bottomland forest in need of protection and restoration. In combination, the natural and cultural resources existing on the property provide opportunities for natural community restoration efforts by the County, and cultural resource preservation activities by the County and the Indian River County Historical Society (IRCHS), with joint efforts to provide public access, recreation and educational programs. The Hallstrom residence and five acres of the historic farmstead are located near the center of the County acquisition. The IRCHS owns the five -acre core historic site; the Society and the County are working in partnership to plan and manage the stewardship of the historic farmstead and the adjacent natural areas. On March 10, 2018, from l lam to 4pm, the IRCHS will be celebrating the Hallstrom Farmstead's 100 Year Birthday Party. The public is invited. More information may be found at www.irchistorical.org. The FCT Grant Agreement contains several Special Management Conditions which are included in the Management Plan. Conditions that are addressed in the current work items include . the development of two or more resource-based outdoor recreation facilities including a nature trail and outdoor classroom/picnic facility, and establishment of a pervious parking area that has minimal 221 impact on natural resources. A copy of the Special Management Conditions of the FCT Agreement are included as Attachment A. The Proiect: On May 9, 2017 the Board of County Commissioners approved Work Order #5 which provided funding to MBV Engineering to develop Master Plans depicting public use improvements to three conservation areas, including the Hallstrom Farmstead Conservation Area. MBV work to be completed includes site planning, design and permitting for pedestrian paths, parking, restroom facilities, water and sewer utilities, driveway modifications, minor drainage with swales and culverts (where applicable), sidewalks and ADA access to bathroom facilities where applicable. MBV is providing site survey (provided by others), permitting and bidding services as related to the above activities. This grant will leverage existing funding outlined in the County's Five Year Capital Improvements for Conservation Lands to construct the restrooms, parking, picnic pavilion and walking trail required to meet conditions of the FCT Grant Agreement. Currently, MBV is preparing a site plan and cost estimate which will be included in the grant application. Acceptance of the grant and scope of work, if awarded, will be subject to Board approval. FUNDING: The Board approved increased funding for access improvements in December 2015, through an amendment to the Comprehensive Plan's Capital Improvements Element and updated the County's 5 Year Capital Improvements Program Schedule to allocate $2.9 million dollars over a five-year period to be utilized toward public access improvements on conservation lands. Due to historical structures on site, ability to apply for matching grants, partnership and interest from the IRCHS, and public interest in this conservation area, the Hallstrom farmstead has been identified as high priority for public use improvements. On December 5, 2017, the Board approved funding for access improvements through an amendment to the Comprehensive Plan's Capital Improvements Element as follows: For conservation capital projects, the focus is on improvements to conservation lands. Those improvements include construction of passive recreational access facilities such as boardwalks, and stabilization/preservation of historic structures. The projects will be funded from environmental land bonds, grants, optional sales tax, boating improvement funds, upland mitigation funds, secondary roads, Windsor property exchange donation, and park impactfees. The total expenditure amountfor theprojects within this categoryforfiscal years 2017/18 through 2021/22 is $4,450,000, representing 1.41% of the overall CIP. Staff Report Dated November 27, 2017, to Jason Brown from Bill Schutt. The parking and restroom facilities for the Hallstrom Farmstead Conservation Area are included in Appendix A of the Five-year Schedule of Capital Improvements, adopted December 5, 2017. The Land and Water Conservation Fund Program (LWCF) is a competitive program that provides grants for acquiring or developing land for public outdoor recreational use. The LWCF is a reimbursement grant program administered by the Florida Department of Environmental protection (FDEP). Grant funds may be used for outdoor recreation facilities such as picnic areas, trails, ballfields and support facilities such as restrooms and parking. The maximum grant amount is 222 $200,000.00, and requires a 50% match by the County. The grant application must be postmarked by March 26, 2018. Grantees are allowed up to three years from the effective date of the agreement to complete development projects. Should the grant be awarded, funding would not be available for approximately 1 year. Funding outlined in the County's Five Year Capital Improvements program Schedule to construct the restrooms and parking at the Hallstrom Farmstead is $150,000. In 2003, Indian River County successfully applied for and received funding from the LWCF for the improvements made to the North Sebastian Conservation Area. The project was completed in 2008, and the County was awarded $103,000 for the improvements under the grant award. RECOMMENDATION: Staff recommends authorizing staff to prepare and submit an application to FDEP for the LWCF Grant to provide funding for the construction of parking, restrooms, trails, and a picnic pavilion at the Hallstrom Farmstead Conservation Area. The maximum amount of the grant request is proposed to be $150,000 with a County match of $150,000. APPROVED AGENDA ITEM FOR MARCH 6.2018 223 Attachment A - BCC Consent 03/06/18 Notice of Application for FDEP Land and Water Conservation Fund Grant for Public Access Improvements to the Hallstrom Farmstead Conservation Area Special Management Conditions for Hallmstron>,Conservation Area f a management contract of the Project Site with any person oro ' 'on; of g. such other activity orlihterest as may be specified fro time to time in writing by FCT to the Recipient. The foregoing are collectively.referred to as the "disallow le activities IX. DISALLOWABLE ACTMT ES/REMIEDEES In the event that /neatermines at any time from time to time that the Recipient is engaging or allowing othngage in disallo le activities on the Project Site, the Recipient agrees to immediately ceause the cess on of the disallowable activity upon receipt of written notice from the Fthe exten owed by law, Recipient hereby indemnifies and agrees to hold FCT harmm all c , causes of action or damages of any nature whatsoever arising from res t to disallowable activities on the Project Site. Nothing herein shall be deemed athe Recipient's sovereign immunity. In addition toall otherrights and remedies at laequity, FCT shall have the right to temporary and permanent injunctions against Recipany disallowable'activity on the Project Site. The Management -Plan for the Project Site is mentioned throughout this Agreement, -and is particularly described in Section IV. above. in addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K -7.009(l), F.A.C.: 01-055-FF1 03/14/02 Joint Acquisition 17 224 1. Two or more resource-based outdoor recreational facilities including a nature trail and outdoor classroom/picnic facility shall be provided at the Project Site. The facilities shall be designed and located with minimal impact to natural resources on the Project Site. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust Program and Indian River County 3. Interpretive signage shall be provided to educate visitors about the natural environment and unique history of the Project Site. 4. At least 24 environmental and/or historical education classes or programs shall be conducted annually at the Project Site by trained educators or resource professionals. 5. ' A biological inventory of the natural communities found on the Project Site; including the dominant and listed plant and animal species, shall be conducted prior to any site development. The inventory shall be used to ensure the protection of biological resources and be updated periodically. 6. The scrub and forested wetland communities that, occur on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 7. The Project Site -shall be managed in -a manner that protects and enhances habitat for native. wildlife species that utilize or could potentially utilize the Project Site.. The development -of the:'Management. Plan shall be coordinatedcvith`the Florida Fish and Wildlife Conservation Commission's Office of Environmental Servicesto ensure the preservation of native wildlife species and further the purposes: of the Strategic Habitat Couservatiod':Area designation;='. Periodic surveys shall be conducted. to: ensure that site management is compatible with the listed species using the Proiect:Site 8. A vegetation analysis of the. Project Site shall be performed to determine which areas of the Project Site need a prescribed bum regime implemented to maintain natural fire - dependent communities. If a prescribed bum regime is found to be necessary and feasible, the development of a prescribed bum plan shall be coordinated with the Division of Forestry and the Florida Fish and Wildlife Conservation Commission. 9. The Project Site shall be managed in a manner that will enhance the quality of water entering the adjacent canal through the implementation of appropriate stormwater management techniques.- Any proposed stormwater facility for the Project Site shall be designed to provide recreation open space or wildlife habitat. 01-055-FF1 03/14/02 Joint Acquisition 18 225 10. Approximately 10 acres shall be returned to a natural scrub community in terms of biological composition and ecological function. The forested wetland area shall also be restored to a natural condition in terms of biological composition and ecological function. 11. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the Project Site. The objective of the control program shall be the elimination'of invasive exotic.plant species and the maintenance of a diverse association of native vegetation. The Management PIan shall reference the Exotic Pest Plant Council's Last of Florida's Most Invasive Species to assist in identifying invasive exotics on the Project Site. 12: A feral animal removal program shall be developed and implemented for cats and other non-native wildlife that may be found on the Project Site. 13. Protection of the farm buildings on the Project Site shall be coordinated with the Division of Historical Resources and the Indian River County Historical Society. 14. Prior to the commencement of any proposed development activities, measures shall be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 15. The location. and design of any parking ,facility shall have minimal. impacts on natural resources. The parking area'shall incorporate pervious materialwherever feasible. 16:: , . : Pedestrian and bicycle access to the Project Site shall bepromoted through the provision of pedestrian oriented walkways, and bicycle facilities that link'the Project Site with adjacent residential neighborhoods. Bike parking stands shall be installed at the Project Site to provide an aaternative to automobile =sportation.to the Project Site. 17. The development and management of the Project Site shall be coordinated with the agencies managing conservation lands in the Indian River County greenway system to ensure the Project Site is protected and managed as part of a linked conservation lands and recreation opportunities. 18. Proposed site improvements shall be designed and located to minimize or eliminate the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 01-055-FFI 03/14/02 Joint Acquisition 19 226 19. The requirements imposed by other grant program funds that may be sought for activities associated with the Project Site shall not conflict with the terms and conditions of this Agreement. This Agreement including Exhibit "A", if required, embodies the entire agreement between the parties. THE FLORIDA COM 1UNITIJE.S TRUST'S OBLIGATION TO PROVIDE FUNDS UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Deputy C-ourity. Attorney 01-055-FF1 03/14/02 Joint Acquisition 20 227 is F i. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DATE: February 22, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka P.E., Public Works Director SUBJECT: Approval of Ranking of Proposals and Award of RFP 2018018 — Custodial Services for County Buildings BACKGROUND: The county entered into custodial services contracts for county buildings in 2015 with the contracts due to expire on February 28, 2018. On behalf of the Public Works Department, Requests for Proposals (RFPs) were solicited for custodial services, with contractors invited to submit on one or more of the five geographical groupings, with the indication that firms would be selected for no more than one group. Term of award is anticipated to be one year, with two one- year renewal options available, subject to vendor acceptance, satisfactory performance and staff's determination that a renewal would be in the best interest of the County. RFQ RESULTS: Advertising Date: RFP Opening Date: DemandStar Broadcast to: RFQ Documents Requested by: Replies: November 15, 2017 December 19, 2017 at 2:00 pm 263 Subscribers 35 Firms 13 Firms ANALYSIS: After the mandatory pre -solicitation meeting was held, the Purchasing Division learned that a member of Facilities Management staff had provided a copy of the RFP to at least one firm, in violation of Purchasing policies. The copy distributed by this staff member was a draft copy and contained inaccurate dates and information. After consultation with the County Attorney, the Purchasing Manager determined the most appropriate action was to hold a second mandatory pre -solicitation meeting, as the firm had no reason to believe the copy provided to them by the County's agent was not the official RFP document. All planholders were notified by addendum and two firms that did not attend the initial meeting (as well as one that did attend the initial meeting) attended the second meeting, held on December 6, 2017. No protests or questions were raised in regards to the availability of a second meeting. A selection committee comprised of Rich Szpyrka, P.E., Public Works Director, Chuck Belcher, Facilities Manager and Andy Sobczak, Infrastructure Projects Manager independently evaluated 228 RFP 2018018 and scored the received proposals in accordance with the Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals for each project category developed. The committee's final ranking and recommendation of award per group is illustrated on the following table. Group 1— Judicial Complex 1 K's Commercial Cleaning, Vero Beach 2 W&G Maintenance Corp., Palm Bay 3 American Janitorial, Inc., Umatilla 4 Bright Maintenance, Inc., Fort Pierce 5 Marsden Services, LLC, Miramar 6 CER Signature Cleaning, Vero Beach 7 R&R Corporate Systems, Inc., Tallahassee 8 D&A Building Services, Inc., Longwood 9 Boro Building and Property Maintenance, Sarasota 101 Image Janitorial Services, Inc., Lake Park Grosvenor Building Services, LLC— DQ —Addenda not acknowledged American Facility Services — DQ — No Drug Free Workplace Form Group 2 — Administration Complex Excluding Tax Collector's Office 1 Beachland Cleaning Service, Vero Beach 2 W&G Maintenance Corp., Palm Bay 3 Bright Maintenance, Inc., Fort Pierce 4 American Janitorial, Inc., Umatilla 5 CER Signature Cleaning, Vero Beach 6 Marsden Services, LLC, Miramar 7 Image Janitorial Services, Inc., Lake Park 8 D&A Building Services, Inc., Longwood 9 Boro Building and Property Maintenance, Sarasota 10 R&R Corporate Systems, Inc., Tallahassee Grosvenor Building Services, LLC — DQ — Addenda not acknowledged American Facility Services — DQ — No Drug Free Workplace Form Group 3 — 43rd Avenue Complex 1 Beachland Cleaning Service, Vero Beach 2 W&G Maintenance Corp., Palm Bay 3 American Janitorial, Inc., Umatilla 4 Marsden Services, LLC, Miramar 5 CER Signature Cleaning, Vero Beach 6 Boro Building and Property Maintenance, Sarasota 7 Image Janitorial Services, Inc., Lake Park American Facility Services — DQ — No Drug Free Workplace Form 229 RFP 2018018 Group 4 — North County Library 1 American Janitorial, Inc., Umatilla 2 W&G Maintenance Corp., Palm Bay 3 CER Signature Cleaning, Vero Beach 4 Marsden Services, LLC, Miramar 5 Boro Building and Property Management, Sarasota 6 Image Janitorial Services, Inc., Lake Park $99,129.28 American Facility Services — DQ — No Drug Free Workplace Form Group 5 — Tax Collector Offices (North County and Admin Building) 1 American Janitorial, Inc., Umatilla 2 W&G Maintenance Corp., Palm Bay 3 CER Signature Cleaning, Vero Beach 4 Marsden Services, LLC, Miramar 5 Boro Building and Property Management, Sarasota 6 Image Janitorial Services, Inc., Lake Park American Facility Services — DQ — No Drug Free Workplace Form The new agreements will represent an increase in annual cost, most notably for Groups 4 and 5; however, the prices proposed were fairly consistent among firms. Additional work will be required under the new contracts, including quarterly floor stripping and waxing, completion of daily checklist sheets and monthly progress meetings. The committee determined the proposed cost to awarded firms to be reasonable in relation to the quality of work anticipated. The annual cost represents increases to current costs as shown below. Group Current Cost Proposed Cost Increase Group 1(Courthouse and Main Library) $195,708.96 $195,708.96 0% Group 2 (Health Department and Admin Buildings minus Tax Collector) $178,393.56 $228,468.00 28% Group 3 (43 d Ave Complex) $99,129.28 $107,400.00 8% Group 4 (NC Library) $23,962.32 $44,160.00 84% Group 5 (NC Offices and Tax Collector in Building B) $16,306.44 $29,916.00 83% Total $513,500.56 $605,652.96 18% Upon release of the committee's final ranking and recommendation for award, a protest was filed by CER Signature Cleaning (CER) stating a second pre -solicitation meeting should not have been held, that Groups 4 and 5 must be awarded to a single firm and that they should either be awarded Group 2 or Groups 4 and 5. This protest was denied by the Purchasing Manager. CER has been notified of its right to appeal at this meeting, and has indicated that they do intend to appeal. Documents associated with the protest are attached. FUNDING: The total cost for all facilities is an 18% increase from current costs for custodial services. Funding will come from Facilities Management — Other Contractual Services account 00122019-033490. A 230 RFP 2018018 budget amendment in the amount of $53,755.57 will be required to fund the new cleaning contracts for the remainder of the year. RECOMMENDATION: Staff recommends the Board approve the committee's final rankings and award the custodial services to: K's Commercial Cleaning (Group 1), Beachland Cleaning Service (Group 2), W&G Maintenance Corp. (Group 3), CER Signature Cleaning (Group 4) and American Janitorial, Inc. (Group 5). Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency and after the required certificates of insurance have been received and approved by the Risk Manager. ATTACHMENTS: Sample Agreement CER Signature Cleaning Protest Letter Dated February 13, 2018 Decision Regarding Protest Letter Dated February 14, 2018 231 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: BACKGROUND RECITALS: A. Through the competitive Request for Proposal (RFP) process, the COUNTY has selected CONTRACTOR to provide custodial services at various facilities as more fully set forth in Exhibit 1 (Required Duties and Frequencies) and Exhibit 2 (Contractor's Price Proposal Form) attached to this Agreement and made a part hereof by this reference. B. The proposed work consists of scheduled custodial services at County -owned facilities, as described in the Request for Proposal document (RFP 2018018, issued on November 15, 2017, "RFP") ("Services"). C. The CONTRACTOR is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and D. The COUNTY and the CONTRACTOR wish to enter into this Agreement for the Contractor's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement. 1.2 CONTRACTOR will provide services at the following facilities: Group_ Facility/Address Facility/Address 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide explanation of layout of individual buildings and familiarization with any restrictions. 2.2 The COUNTY shall provide training for operation of security systems. 2.3 The COUNTY shall provide emergency call list for all facilities. 1 232 2.4 The COUNTY shall provide the following supplies for utilization for restrooms and offices: a. Paper towels for dispensers b. Toilet paper c. Trash can liners d. Hand soap for dispensers 3. RESPONSIBILITIES OF THE CONTRACTOR. 3.1 The CONTRACTOR agrees to provide the services in accordance with the scope of the RFP. 3.2 The CONTRACTOR shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONTRACTOR to render its Services as described in this Agreement. 3.3 A list of holidays the service will not be provided'forthe term of the Agreement is attached as Exhibit 3. 3.4 The CONTRACTOR shall be responsible for any and all damage to COUNTY equipment, furnishings and facilities directly attributable to his or her negligence or cleaning practices. 3.5 CONTRACTOR shall provide all necessary equipment to execute the work under this Agreement. Such equipment shall be maintained and operated in a safe manner at all times. a. Vacuums used shall be equipped with HEPA filters. CONTRACTOR shall have available a log showing the date and responsible party for replacing the filter cartridge. 3.6 To insure the safety of the public and the employees of Indian River County as the occupants of County facilities, it shall be the policy of Indian River County that the use of any chemicals or materials used in the cleaning and maintenance of County facilities be certified green. If it is determined for sanitary reasons that a non -green product must be used, then it shall only be utilized at times when the employees and public are not within the confines of the facilities being cleaned or sanitized. CONTRACTOR shall provide a list of materials used in their daily cleaning routine and provide evidence of their certification as being a green product. 3.7 No person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the Services to be performed by CONTRACTOR under this Agreement. CONTRACTOR does hereby covenant and agree that in connection with the furnishing of Services to the COUNTY, it shall not discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing the Services to the County, CONTRACTOR shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act.of 1992, as well as all other applicable regulations, guidelines and standards. 3.8 The CONTRACTOR will cooperate fully with the COUNTY in order that all work may be properly scheduled and coordinated. 233 3.9 The CONTRACTOR shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. 4. TERM OF AGREEMENT. 4.1 This Agreement shall remain in effect for a term of one year, unless otherwise sooner terminated as provided herein. The Initial Term may be extended by mutual consent of the parties hereto for a maximum two additional one-year terms. 5. COMPENSATION. 5.1 CONTRACTOR shall bill the COUNTY monthly, after completion of work. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). No advance or prepayment will occur. 5.2 Adjustments shall be made to compensation due under any of the following circumstances: a. If any work which is scheduled for daily, weekly or monthly performance is omitted or unsatisfactorily performed, the CONTRACTOR will be notified in writing of the failure or omission. An adjustment or deduction may be made from any monies due or to become due the CONTRACTOR. Adjustments or deductions will be consistent with the per square foot rate forthe building the deficiency occurs and forthe period of time the deficiency remains uncorrected. b. In the instance where room cleaning has not been satisfactorily performed or portions of the work have been omitted or improperly performed a deduction will be made for the entire room. 6. INSURANCE AND INDEMNIFICATION. 6.1 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.2 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein 6.2.1 Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. 6.2.2 General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). 6.2.3 Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than 3 234 $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection -- statutory limits; $100,000 uninsured/underinsured motorist; $100,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 6.3 Contractor's insurance coverage shall be primary. 6.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A- VII or better. 6.5 The insurance policies procured shall be occurrence forms, not claims made policies. 6.6 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.7 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.8 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.9 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. 7. TERMINATION. 7.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon sixty (60) days' prior written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon sixty (60) days' prior written notice to the COUNTY; or (c) by the mutual agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 7.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONTRACTOR shall be payment for those portions of satisfactorily completed work. Such payment shall be determined on the basis of the hours of work performed by the CONTRACTOR, or the percentage of work completed as estimated by the CONTRACTOR and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONTRACTOR, elect to employ other persons to perform the same or similar services. 4 235 7.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 7.4 In the event that the CONTRACTOR merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement upon 30 days written notice. 7.5 The COUNTY may terminate this Agreement in whole or in part if the CONTRACTOR submits a false invoice to the COUNTY. 8. MISCELLANOUS PROVISIONS. 8.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees of the Contractor are in noway to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 8.2 Request for Proposals. It is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Request for Proposals dated December 1, 2014 (including addenda 1 through 3) shall be incorporated herein. 8.3 Merger; Modification. Except as set forth in Section 8.2 above, this Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the COUNTY. 8.4 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 8.5 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or inequity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not,waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 5 236 8.6 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 8.7 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 8.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Chuck Belcher 4305A 43rd Avenue Vero Beach, FL 32967 Facsimile: (772) 226-3495 Contractor: Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 8.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 8.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length 237 so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 8.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 8.13 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity. 9. CONTRACT DOCUMENTS t 9.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to_, inclusive); (2) Certificate of Liability Insurance (3) Request for Proposals (4) Addenda (numbers_ to_, inclusive); (5) CONTRACTOR'S Submitted Proposal (pages _ to , inclusive); (6) Drug Free Workplace Form (pages _ to _, inclusive) (7) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages_ to___, inclusive); (8) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 10. 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 7 238 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. 11. Federal Clauses 11.01 OWNER and CONTRACTOR will adhere to the following, as applicable'to this work: A. 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 239 be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other 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. B. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, as appropriate. (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 the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, as applicable. (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. C. 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. D. 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 9 240 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 materialrepresentation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. E. 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. F. 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. (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. G. DHS Seal, Logo, and Flags: The contractor shall not use Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. H. 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. 10 241 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. J. 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. K. 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. 11� 242 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email 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.) 12 243 Exhibit 1— Required Duties and Frequencies The following list represents the minimum allowable standards for duties to be covered by this service contract. Some buildings may require more frequent attention due to operating hours/days, traffic or specific use patterns. The County shall be the sole determination of acceptable standards. Minimum Allowable Frequencies Daily — Offices, Hallways and Common Areas • Empty trash cans; replace liners, police building perimeter for trash • Empty and clean ashtrays and trash receptacles at entrances (big and small) • Clean and sanitize drinking fountains and public telephones • Spot clean walls, doors, trim and switch plates • Clean elevator walls, floors, doors and door tracks • Clean entrance doors and surrounding glass (inside and out). • Empty recycle containers and place materials in designated bins outside the building • Empty wastebaskets and remove trash from building (replace liners) • Vacuum all floors and corridors (both carpet and tile) throughout building Daily — Restrooms • Remove Trash • Restock Paper Towels • Restock Toilet Paper • Refill Soap Dispensers • Clean Mirrors • Damp Wipe Counters and Sinks • Sanitize Toilets • Sanitize Urinals • Clean Toilet Partitions • Sweep and Damp Mop Floors • Scrub Floors under Urinals • Clean Stainless with Stainless Cleaner Weekly • Spot clean all floors, including all offices • Dust all Flat Surfaces Monthly • Dust all a/c vents and wall mounted fixtures in all corridors and offices • Clean mildew off outside metal doors • Dust all furniture and window ledges • Damp wipe and sanitize inside and outside of waste receptacles • Wash and spray buff all vinyl floors in kitchen and elevators Quarterly • Strip and wax the floors • Dust light fixtures, window sills and blinds 13 244 Daytime Building Attendants: 16th St. Complex (Judicial Complex and Main Library) and Administration Complex (Administration Buildings A and B and Health Department) For Group 1: 16th Street Complex and Group 2: Administrative Complex, the awarded contractors shall provide and include their submitted monthly cost an employee (minimum of 6 hours per day) for the purpose of attending to the daytime custodial needs of specified buildings as a part of this proposal. This person must be able to speak and understand English. Attendant Duties: The attendant position is to supplement the Contractor's work staff by attending to restrooms and other heavily used public areas while the building is open. The attendant's duties shall not impede or significantly interfere with the operation of the building. However, temporary closing of restrooms for cleanup will be allowed. Examples of other duties: • Check and refill soap dispensers, toilet paper and paper towel dispensers. • Cleanup of spills and other emergency type cleaning duties. • Keep entrance doors and windows clean. • Empty trash and smoke receptacles at entrances. • Dust baseboards and conference room furniture when not occupied. • Perform duties outlined in the daily, weekly or quarterly duties that do not adversely affect the occupants, or visitors to the building. 14 245 Exhibit 2 Contractor's Submitted Price Proposal Form 15 246 Exhibit 3 — Scheduled Holidays The following Holidays will be observed during the initial term of the agreement (March 1, 2018 through February 29, 2019) Holiday County Observance Good Friday Friday, March 30, 2018 Memorial Day Monday, May 28, 2018 Independence Day Wednesday, July 4, 2018 Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Day Martin Luther King Jr. Day Monday, September 3, 2018 Monday, November 12, 2018 Thursday, November 22, 2018 Friday, November 23, 2018 Monday, December 24, 2018 Tuesday, December 25, 2018 Tuesday, January 1, 2019 Monday, January 21, 2019* *(tentative — pending CY 2019 holiday calendar approval by BCC) 16 247 February 13, 2018 TO: IRC Purchasing Dept. REF: Protest regarding RFP 2018018 Bidding Selections ATTN: Jennifer Hyde, Purchasing Manager I am writing in reference to the process in which companies are chosen to clean Groups 1 -5. The information regarding the mandatory meeting, specifically states that "anyone who does not attend the meeting or submits late proposals will not be accepted or considered". Apparently, K's Commercial Cleaning did not attend the initial meeting. They had the excuse that they received the wrong information. And due to that, a subsequent meeting was held so that they could attend. This is business, and as such, it is incumbent upon each company to make sure they are receiving the right information and to check and recheck-, if necessary. This is not school, where they get to do a make-up test. The process is very clear and all companies participating should be held to the same standards. It is also stated that anyone awarded Group 4 should also be awarded Group 5, as these two separately are very small. All I am asking is that everyone beheld to the same rules and guidelines. This is the only way it is fair for everyone. My Company, CER Signature Cleaning has been cleaning Group 2 for 3 years. We have done an exemplary job and have received high praise on numerous occasions. We would like to stay with this Group, as I see no reason for it to be changed. I was awarded group 4, but not group 5. This seems to be grossly unfair, given the RFP recommended to the Board, that the award of Group 4 and 5 be given to a single firm. My preference is to remain with Group 2 or in the alternative, since I was issued Group 4 to also be given Group 5. Thanking you in advance for maintaining the same standards for all and taking my request under advisement. I await to hear from you at your earliest convenience. Sincerely, Charles Ross, owner CER Signature Cleaning 772-244-7907 PIR BOARD OF COUNTY COMMISSIONERS February 14, 2018 Mr. Charles Ross, Owner CER Signature Cleaning Signaturecleaningl2@yahoo.com Reference: Decision Regarding Protest of Indian River County Request for Proposals ("RFP") 2018018 Dear Mr. Ross: We are in receipt of your letter of February 13, 2018 protesting the "bidding selections" made by the selection review committee. After review, the protest made by CER Signature Cleaning ("CER") is denied. Background Your protest asserts a second mandatory pre -solicitation conference should not have been held as a result of K's Commercial Cleaning being provided "wrong information". Your protest also asserts Groups 4 and 5 were to be awarded togetherto a single firm and that recommendation as such has already been presented to the Board of County Commissioners. Finally, your protest requests your firm either be awarded Group 2 or Groups 4 and 5. Basis for Denial of Protest In regards to the second mandatory pre -solicitation conference, Addendum 1, released to all planholders and downloaded from Demandstar by your firm on December 1, 2017 explained at least one firm was provided erroneous documents and that a second meeting was being held as a result. Additionally, the sign -in sheet detailing the firms in attendance for that second meeting was uploaded to Demandstar, and downloaded from Demandstar by your firm as part of Addendum 3 on December 6, 2017. Page 18 of the RFP documents describes the protest procedures and states: "The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after such aggrieved knows or should have known of the facts giving rise to the protest." A protest regarding the second pre -solicitation attendance was required to have been made by December 13, 2017. In regards to your assertion that Groups 4 and 5 were to be awarded together to a single firm, the RFP and addenda do not state so, and in fact several statements exist to the contrary. Page 3 of the Request for Proposals document stated: "The County will award each group to one firm. No firm will be awarded more than one group." Additionally, Question 1 on addendum 1 and our response were: "Question: Can one firm be awarded all of the buildings? Answer: As stated on page 3 in scope of services and on the Proposal Pricing Form, no firm shall be awarded more than one of the five groups." Finally, Question 4 on addendum 3 and our response were: "Question #4: The RFP states that a firm will be awarded only one group of the five groups. The evaluation criteria do not breakdown how each of the groups will be awarded based on the evaluation criteria listed in the RFP. Can you please provide more specific information regarding how the award will be made for each group? Answer: Each group submitted will be scored by each member of the committee, based on the evaluation criteria. Firms will be ranked for each group they submitted on." Office of Management and Budget • Purchasing Division 180027 1h Street, Vero Beach, Florida 329609(772) 226-1416•Fax: (772) 770-5140 249 E-mail: purchasing@ircgov.com @BCL@840D664E.docx At the conclusion of the initial ranking meeting, the selection review committee planned to request the Board waive the RFP's noted intent to award each group independently and recommend awarding Groups 4 and 5 togetherto American Janitorial, Inc. ("American"), ranked first in both Groups. After release of that initial ranking and anticipated recommendation on Demandstar and during preparation of the recommendation of award, an exponential increase to proposed cost for Group 4, and a significant increase to the cost of Group 5 was identified, and the committee reconvened to consider the recommendations for those two groups. The committee determined the cost proposed for Group 5 was consistent with those proposed by other firms, and maintained its position that the top ranked firm, American, be awarded Group 5. Group 4 was re-evaluated and ranked, with your firm receiving the committee's recommendation of award. No recommendation has yet been presented regarding this solicitation to the Board, and as noted on the Final Ranking memo, the final recommendation will be presented on February 20, 2018. Finally, your protest that your firm should either be awarded Group 2 or both Groups 4 and 5 is not justified. Your firm was ranked 5th out of 10 ranked for Group 2 by the committee, based on the criteria stated within the RFP. The committee has recommended award to the firm that was ranked first (Beachland Cleaning Service). As explained, Groups 4 and 5 were not set forth in the RFP documents to be awarded to a single firm, and Group 5 has been recommended for award to the first ranked firm. Conclusion Should CER disagree with the denial of the protest and the bases described in this response, you may appeal this decision to the Board of County Commissioners at its February 20, 2018 meeting, when the Board will be asked to consider the recommended ranking of consultants under Public Works Departmental Items. If you do intend to appeal, please notify me in writing, as required by the Protest Procedure set forth in the Purchasing Manual. A notification of your intent by 5 p.m. on Friday, February 16th would be appreciated. As a reminder, the cone of silence remains in effect, and will remain in effect until the item is called at the February 20, 2018 commission meeting. Per the cone of silence policy, you and your agents shall not communicate in any way with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel until the Board meets to authorize award. Such communication may result in disqualification. Please feel free to contact me at 226-1575 or by email atjhyde@ircgov.com if you have any questions regarding the protest procedure. Sincerely, Jenn�de Purchasing Manager cc: Mr. Jeff Simmons, American Janitorial, Inc. Mr. Tom Heveron, Beachland Cleaning Service Mr. Chang Kwack, K's Commercial Cleaning Attachments: CER Protest Letter, dated February 13, 2018 250 Q. F a INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Millstone Landing —17th Street SW Construction Progress Update DATE: February 28, 2018 DESCRIPTION AND CONDITIONS Per Board direction, I will present to the Board an update regarding the construction progress on 17th Street SW and 27th Avenue. This update will allow the Board to discuss the issuance of Certificates of Occupancy for Millstone Landing past March 6, 2018. APPROVED AGENDA ITEM FOR MARCH 6, 2018 251 2018018 RFP for Custodial Services REQUEST FOR PROPOSALS Notice is hereby given that the Indian River County Board of County Commissioners is requesting proposals from qualified firms for Indian River County RFP # 2018018 Custodial Services for County Buildings Detailed specifications for the above referenced RFP are available from www.demandstar.com or by contacting the Indian River County Purchasing Division at (772) 226-1416 or Email: purchasing@ircgov.com. All submittals must be received by the Purchasing Division, 1800 27th Street, Building B, Vero Beach, Florida 32960 prior to 2:00 p.m. Wednesday December 13, 2017. Late submittals will not be accepted or considered. A mandatory pre -solicitation conference has been scheduled for Tuesday, November 28, 2017 at 10:00 a.m. at A1 -303180127th Street, Vero Beach, FL 32960 The Board of County Commissioners reserves the right -to accept or reject any and all proposals in whole or in part and to waive any technicality or irregularity. Publish: For Publication in the Indian River Press Journal Date: Wednesday, November 15, 2017 Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Page 2 of 40 PURCHASING MANAGER INDIAN RIVER COUNTY 2�/ - / INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DATE: February 22, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka P.E., Public Works Director SUBJECT: Approval of Ranking of Proposals and Award of RFP 2018018 — Custodial Services for County Buildings BACKGROUND: The county entered into custodial services contracts for county buildings in 2015 with the contracts due to expire on February 28, 2018. On behalf of the Public Works Department, Requests for Proposals (RFPs) were solicited for custodial services, with contractors invited to k. submit on one or more of the five geographical groupings, with the firms would be selected for no more than one group. Term of award is anticipated to be one year, with two one- year 'renewal options available, subject to vendor acceptance, satisfactory performance and staff's determination that a renewal would be in the best interest of the County. 196 RFQ RESULTS: 14 Advertising Date: RFP Opening Date: DemandStar Broadcast to: RFQ Documents Requested by: Replies: November 15, 2017 December 19, 2017 at 2:00 pm 263 Subscribers 35 Firms 13 Firms 6� ANALYSIS: After the mandatory pre -solicitation meeting was held, the Purchasing Division learned that a member of Facilities Management staff had provided a copy of the RFP to at least one firm, in violation of Purchasing policies. The copy distributed by this staff member was a draft copy and contained inaccurate dates and information. After consultation with the County Attorney, the Purchasing Manager determined the most appropriate action uiiii;:is to old a second man atory pre -solicitation meeting, as the firm had no reason to believe the copy provided to them by thl County's agent was not thecument. All planholders were notified by addendum and two fi !d rms that did not attend the initial meeting (as well as one that did attend the initial meeting) attended the second meeting, held on December 6, 2017. No protests or questions were raised in regards to the availability of a second meeting C4:v A selection committee comprised of Rich Szpyrka, P.E., Public Works Director, Chuck Belcher, Facilities Manager and Andy Sobczak, Infrastructure Projects Manager independently evaluated c�0,rnCV1-VP_Q K -c& and scored the received proposals in accordance with the Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals for each project category developed. The committee's final ranking and recommendation of award per group is illustrated on the following table. ~ � kwpx�- ~�_°'~~. zri~� / �� 27 W&G Maintenance Corp`,,-�� 3 American Janitorial, Inc., Umatilla 4 Bright Maintenance, Inc., Fort Pierce 5 Marsden Services, LLC, Miramar 6 CER Signature Cleaning, Vero Beach 7 R&R Corporate Systems, Inc., Tallahassee 8 D&A Building Services, Inc., Longwood 9 Boro Building and Property Maintenance, Sarasota 10 image Janitorial Services, Inc., Lake Park Grosvenor Building Services, LLC — DQ — Addenda not acknowledged American Facility Services — DQ — No Drug Free Workplace Form NNW 2 W&G Maintenance Corp., Palm Bay 3 Bright Maintenance, Inc., Fort Pierce 4 American Janitorial, Inc., Umatilla 5 CER Signature Cleaning, Vero Beach 6 Marsden Services, LLC, Miramar 7 image Janitorial Services, Inc., Lake Park 8 D&A Building Services, Inc., Longwood 9 Boro Building and Property Maintenance, Sarasota 10 R&R Corporate Systems, Inc., Tallahassee Grosvenor Building Services, LLC — DQ — Addenda not acknowledged American Facility Services — DQ — No Drug Free Workplace Form 1 Beachland Cleaning Service, Vero Beach 3 American Janitorial, Inc., Umatilla 4 1 Marsden Services, LLC, Miramar 5 1 CER Signature Cleaning, Vero Beach 6 Boro Building and Property Maintenance, Sarasota 7 Image Janitorial Services, Inc., Lake Park American Facility Services — DQ — No Drug Free Workplace Form zri~� / �� The new agreements will represent an increase in annual cost, most notably for Groups 4 and 5; however, the prices proposed were fairly consistent among firms. Additional work will berequired under the new contracts including quarterly floor stripping and waxing, completion of daily checklist sheets and monthly progress meetings. The committee determined the proposed cost to awarded firms tmbereasonable in relation tothe quality ofwork anticipated. The annual cost represents increases tocurrent costs asshown below. 0. $195,708.96 1 1 American Janitorial, Inc., Umatilla 2 W&G Maintenance Corp., Palm Bay 4 Marsden Services, LLC, Miramar 57 Boro Building and Property Management, Sarasota 6 Image Janitorial Services, Inc., Lake Park American Facility Services — DQ — No Drug Free Workplace Form WE WE $99,129.28 WPM Iii ON 1111mr, 2 W&G Maintenance Corp., Palm Bay 3 CER Signature Cleaning, Vero Beach 4 Marsden Services, LLC, Miramar 5 Boro Building and Property Management, Sarasota 6 Image Janitorial Services, Inc., Lake Park American Facility Services — DQ — No Drug Free Workplace Form The new agreements will represent an increase in annual cost, most notably for Groups 4 and 5; however, the prices proposed were fairly consistent among firms. Additional work will berequired under the new contracts including quarterly floor stripping and waxing, completion of daily checklist sheets and monthly progress meetings. The committee determined the proposed cost to awarded firms tmbereasonable in relation tothe quality ofwork anticipated. The annual cost represents increases tocurrent costs asshown below. 0. $195,708.96 $195,708.96 WIN 0% Group I (Courthouse and Main Library) Group 2 (Health Department and Admin Buildings $178,393.56 $228,468.00 28% minus Tax Collector) Group 3 (43,d Ave Complex) $99,129.28 $107,400.00 8% Group 4 (NC Library) $23,962.32 $44,160.00 84% Group 5 (NC Offices and Tax Collector in Building B) $16,306.44 $29,916.00 83% Upon release of the committee's final ranking and recommendation for avvani a protest was filed 6«CER Signature Cleaning (CE8)stating asecond pre -solicitation meeting should held, that Groups 4 and 5 must be awarded to a singlefirm d that they should either b—e� awarded Group 2 or Groups 4 and 5. This protest was denied by the Purchasing Manager. CER has been notified of its right to appeal at this meeting, and hos indicated that they do intend to appeal. Documents associated with the protest are attached. The total cost for all facilities isan18%increase from current costs for custodial services. Funding will come from Facilities Management – Other Contractual Services account 00122019-033490. A RFP 2018018 budget amendment in the amount of $53,7S5.57 will be required to fund the new cleaning contracts for the remainder of the year. Staff recommends the Board approve the committee's final rankings and award the custodial services to: K's Commercial Cleaning (Group 1\ 8each|and Cleaning Service (Group 2), \N&G Maintenance Corp. (Group 3), CER Signature Cleaning (Group 4\ and American Janitorial, Inc. (Group 5). Staff further recommends the Board approve the sample agreement and authorize the Chairman toexecute it after review and approval by the County Attorney astoform and legal sufficiency and after the required certificates of insurance have been received and approved by the Risk Manager. Sample Agreement CER Signature Cleaning Protest Letter Dated February 13,2O1O Decision Regarding Protest Letter Dated February 14, 2018 ��7 �)'- �� / - BOARD OF COUNTY COMMISSIONERS 0 slying0mg1w., Subject.- Final Rankings for Indian River County Request for Proposals 2018018 — Custodial Services for County Buildings The selection review committee has developed the final ranking of firms. Please remember the cone of silence remains in effect until the Board of County Commission meeting, projected for February 13, 2018, and all contact regarding this solicitation may only be through the Purchasing Division until that time. The final ranking established by the committee and their recommendation for award is: Office of Management and Budget *Purchasing Division 1800 2r Street, Vero Beach, Florida 329609(772) 226-1416*Fax: (772) 770-5140 E-mail: purchasing@ircgov.com 2 5V ma N M-1 "=;: x> --"mr'" 62"', 2 73 WaG-Maintenance Corp. W8 Maintenance r J itoria Janitorial, Inc. 4 Bright Maintenance, Inc. 5 Marsden Services, LLC 6 CER Signature Cleaning 7 R&R Corporate Systems, Inc. 8 D&A Building Services, Inc. 9 Boro Building and Property Maintenance 10 Image Janitorial Services, Inc. Grosvenor Building Services, LLC — DQ —Addenda not acknowledged American Facility Services — DQ — No Drug Free Workplace Form V �i WOWS. g gga-, o 2 W&G Maintenance Corp. 3 Bright Maintenance 4 American Janitorial, Inc. 5 CER Signature Cleaning 6 Marsden Services, LLC 7 Image Janitorial Services, Inc. 8 D&A Building Services, Inc. 19 Boro Building and Property Maintenance 10 R&R Corporate Systems, Inc. Grosvenor Building Services, LLC — DQ —Addenda not acknowledged American Facility Services — DQ — No Drug Free Workplace Form Office of Management and Budget *Purchasing Division 1800 2r Street, Vero Beach, Florida 329609(772) 226-1416*Fax: (772) 770-5140 E-mail: purchasing@ircgov.com 2 5V Final Ranking — RFP 2018018 The =the he committee plans to notify the Board of the RFP annotation that no firm would be awarded more The co than one group, and recommend award of Groups 4 and 5 to a single firm, as it is in the best interest one u _ the Co . nty. Please contact me at (772) 226-1575 if you have any questions. Sincerely, Jennifer Hyde Purchasing Manager V11 2 2fl-I 1 Beachland Cleaning Service -2 3 American Janitorial, Inc. 4 Marsden Services, LLC 5 CER Signature Cleaning 6 Boro Building and Property Maintenance 7 Image Janitorial Services, Inc. American Facility Services — DQ — No Drug Free Workplace Form g q —0 2 W&G Maintenance Corp. 3 Marsden Services, LLC 4 CER Signature Cleaning 5 Boro Building and Property Management 6 Image Janitorial Services, Inc. American Facility Services — DQ — No Drug Free Workplace Form WIN I mm 1; I Do na 27 W&G Maintenance Corp. 3 CER Signature Cleaning 4 1 Marsden Services, CLC 5 Boro Building and Property Management 6 Image Janitorial Services, Inc. American Facility Services — DQ — No Drug Free Workplace Form The =the he committee plans to notify the Board of the RFP annotation that no firm would be awarded more The co than one group, and recommend award of Groups 4 and 5 to a single firm, as it is in the best interest one u _ the Co . nty. Please contact me at (772) 226-1575 if you have any questions. Sincerely, Jennifer Hyde Purchasing Manager V11 2 2fl-I BOARD OF COUNTY COMMISSIONERS February 7, 2018 Subject: UPDATED Final Rankings for Indian River County Request for Proposals 2018018 — Custodial Services for County Buildings During preparation of the recommendation of award, the excessive increase in cost for service to Group 4 let the selection review committee to re-evaluate the final ranking of firms for that category. The changes are identified in this updated final ranking. Please remember the cone of silence remains in effect until the Board of County Commission meeting, projected for February 20, 2018, and all contact regarding this solicitation may only be through the Purchasing Division until that time. The final ranking established by the committee and their recommendation for award ic- Office of Management and Budget *Purchasing Division ' 1800 271' Street, Vero Beach, Florida 32960*(772) 226-1416*Fax: (772) 770-5140 E-mail: Purchasing@ircgov.com 2 W&G Maintenance Corp. 3 American Janitorial, Inc. 4 Bright Maintenance, Inc. 5 Marsden Services, LLC 6 CER Signature Cleaning 7 R&R Corporate Systems, Inc. 8 D&A Building Services, Inc. 9 Boro Building and Property Maintenance 10 Image Janitorial Services, Inc. Grosvenor Building Services, LLC— DQ — Addenda not acknowledged American Facility Services — DQ — No Drug Free Workplace Form 2 W&G Maintenance Corp. 3 Bright Maintenance 4 American Janitorial, Inc. 5 CER Signature Cleaning 6 Marsden Services, LLC 7 Image Janitorial Services, Inc, 18 1 D&A Building Services, Inc. 19 1 Boro Building and Property Maintenance Office of Management and Budget *Purchasing Division ' 1800 271' Street, Vero Beach, Florida 32960*(772) 226-1416*Fax: (772) 770-5140 E-mail: Purchasing@ircgov.com Updated Final Ranking - RFP 2018018 10 R&R Corporate Systems, Inc. Grosvenor Building Services, LLC - DQ - Addenda not acknowledged American Facility Services - DQ - No Drug Free Workplace Form I Beachland Cleaning Service 2 37 American Janitorial, Inc. 4 Marsden Services, LLC 5 CER Signature Cleaning 6 Boro Building and Property Maintenance 7 image janitorial Services, Inc. American Facility Services DQ - No Drug Free Workplace Form M - I www IM41- A, American Janitorial, Inc. W&G Maintenance Corp. N Marsden Services, LLC 5 Baro Building and Property Management 6 Image Janitorial Services, Inc. American Facility Services - DQ - No Drug Free Workplace Form MIN KIRYA94fili 4E-4-1@5 R-* r. YOTPF�Te"wg� g' A I M '4", k; R 5� A 2 W&G Maintenance Corp. 3 CER Signature Cleaning 4 Marsden Services, LLC 5 Baro Building and Property Management 6 Image Janitorial Services, Inc. American Facility Services - DQ - No Drug Free Workplace Form Please contact me at (772) 226-1575 if you have any questions. Sincerely, 9-JC4-�� Jennifer Hyde Purchasing Manager N 61 .ustodial Services for County Buildings - Group 5 - Tax Collecto Total Points (if read) 85 90 85 80 85 90 Total Initial Rank C.Belcher 85 90 85 80 85 90 A.5obcak R.Szpyrka C (D 0 m 0. 06 (D z CL V 0 0 C z 0 C 0 0 V 0 o w E 06 kffi 3 1 3 6 3 1 M11-1, 2 01111TIN. I 6 3 5 4 1 - IN 1 6 2 4 2 5 6 13 8 15 9 7 r. 2.0 4.3 2.7 5.0 3.0 2.3 ,Initial Rank 1 1 5 3 6 4 2 Total Points (if read) 85 90 85 80 85 90 Total Initial Rank C.Belcher 85 90 85 80 85 90 A.5obcak R.Szpyrka Indian River County Purchasing Division 180027 1h Street Phone (772) 226-1416 Date: December 1, 2017 Project Name: Custodial Services for County Buildings RFP Opening Date: Tuesday, December 19, 2017 at 2:00 p.m. This addendum is released to provide minutes to the mandatory pre-bid meeting and to modify the RFP, to include extending the deadline for responses. All information provided herein is hereby incorporated into the RFP documents. Modifications to the RFP Documents: 1. It has come to our attention that at least one vendor was provided RFP documents listing the wrong date for the pre -solicitation meeting. The third paragraph on page 2 of 40 is modified as follows: A mandatory pre -solicitation conference has been scheduled for Tuesday, November 28, 2017 at 10:00 a.m. at A1 -303180127th Street, Vero Beach, FL 32960. A second meeting -will be held on Wednesday, December 6, 2017 at 9:00 a.m. at the same location for any firms that were unable to attend the meeting on November 28, 2017. Firms are not required to, but may, attend both meetings, as content will be the same and minutes for both meetings provided to all planholders via addendum. Proposals will only be accepted from firms that are signed in on the attendance sheets for one of the two pre -solicitation meetings. 2. Deadline for submittal is hereby extended to Tuesday, December 19, 2017 by 2:00 p.m. 3. On the Proposal Pricing Form, page 24 of 40, strike through "2015014". Attachments: Pre -Solicitation Meeting Sign -in from November 28, 2017 Page 1 of 3 B-.\2017-2018 FY (2018000)\2018018 RFP Custodial Services\2018019 - Addendum I.docx 2"-1_11 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 22, 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: Sole Source Vendor Name Change from Municipal Water Works to Empire Pipe and Supply, Inc. BACKGROUND/ANALYSIS: On December 16, 2014, the Board of County Commissioners (BCC) approved Master Meter as the sole source manufacturer for Automated Meter Reading (AMR) meters, and also approved Municipal Water Works as the sole source provider for the Master Meter brand of radio -read water meters. As of January 1, 2018, Municipal Water Works was purchased by Empire Pipe and Supply, Inc. with changes taking affect for customers February 12, 2018. Empire Pipe and Supply, Inc. will still be the sole source provider for Master Meter brand radio water meters in Florida. Staff is bringing this to the BCC for approval to use Empire Pipe and Supply, Inc. as sole source provider for Master Meter brand radio water meters. FUNDING: Annual expenditures on the meters are $389,778 in 2017 and $324,888 in 2016. Funding for this project is available in the 471-166008 account, which is funded through water and sewer sales. Description Account Number Amount Master Meter 471-166008 $389,778 RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Purchasing Department to use Empire Pipe and Supply, Inc. as the sole source provider for the Master Meter brand of radio read water meters. ATTACHMENTS: 1. Sole Source Letter for Empire Pipe and Supply, Inc. C:\Users\Legistar\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@980DD11C\@BCL@980DD11C.Doc Page 1 of February 21, 2018 Terry Southard Operation Manager Indian River County Utilities 1801 27th Street Vero Beach, FL 32960 Dear Mr. Southard: 101 Regency Parkway Mansfield, Texas 76063 PH# 800-765-6518 817-842-8000 FAX# 817-842-8100 On behalf of Empire Pipe & Supply, Inc. and Master Meter, Inc. we appreciate the continued opportunity to serve your metering needs. Please let this confirm that Empire Pipe & Supply, Inc.is the only authorized waterworks utility distributor for Master Meter in Florida. This includes Master Meter's entire product line including but not limited to all sizes and types of water meters, AMR/AMI meter reading system, components and accessories. If you should have any questions or require additional information, please don't hesitate to contact me at 800-765-6518. Respectfully, 8r"t.00ft, r—rrs,�&r Brandon Foster Regional Vice President of Sales cc: David Reas, RSM Ronnie Veach, Executive Vice President, Master Meter, Inc'. Jimmy Mathis 253 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 13, A, County Attorney's Matters - B.CC 3.6.18 Offt o, f INDIAN RIVER COUNTY AI'T O RNEY 0FOUTIGM301110 TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 20, 2018 SUBJECT: Opioid Litigation BACKGROUND Opioids are prescription narcotics possessing properties similar to opium and heroin. While opioids can ease pain, they also can create an addictive euphoric high in users. Currently, the country faces what has been deemed an opioid epidemic, a rapid increase nationally in the use of prescription and non- prescription opioid drugs. Evidence indicates that the pharmaceutical industry has played a key role in causing the current opioid epidemic through alleged deceptive marketing of highly addictive prescription painkillers. State attorneys general, local governments and other public entities nationwide are undertaking investigations and litigation as a result of damages suffered due to the opioid epidemic. Several firms involved in the opioid litigation have reached out to the Florida Association of Counties, Florida Association of County Attorneys and directly to the Indian River County Attorney's Office. At this time, I am aware of two cases that have been filed by Florida counties, Osceola County and Alachua County. In November, 2017, Osceola County filed a complaint in state court against companies that manufacture, market, and distribute opioids in Florida and Osceola County. Also named in the complaint were doctors across the country who are alleged to have promoted opioids for sale and distribution nationally and in Osceola County. Alachua County filed their lawsuit on January 30, 2018. Many other jurisdictions are considering hiring outside counsel and are conducting some form of search process. In November 2017, a panel of federal judges decided to combine the more than 100 separate actions filed by various local governmental agencies against the pharmaceutical industry into one single Multi District Litigation in the Northern District of Ohio. The case was assigned to Judge Dan Polster. Judge Polster has announced that he intends to seek a quick and global settlement in the actions. Many local governments are filing state law claims and seeking to avoid being removed to federal court. There are many reasons to file in state court, including maintaining control over the litigation and litigating the case locally. F.A4M,,yVJMaaffA'FRALUf C CIAg-d. MCm 10pidd UVS.11—d. 254 Board of County Commissioners February 20, 2018 Page Two Indian River County Emergency Services District data indicates that there were approximately 50 responses to opioid incidents per year in 2012, 2013, and 2014. The number increased to approximately 80, 130 and 150 in 2015, 2016, and 2017, respectively. The total direct costs of a response to a call is $600. Although it is unknown the amount of insurance proceeds the County has received related to these calls for service, the County averages reimbursement for almost 80% of calls for service. With that being said, one of the attorneys who spoke on a conference call with the Florida Association of County Attorneys claimed that even small counties could have damages between $5 million and $10 million. If the Indian River County Board of County Commissioners (the "Board") entered into a contract with a law firm to represent Indian River County in some form of opioid litigation, it would be anticipated that such contract would be a contingency fee proposal. Also, if the Board wishes to pursue opioid litigation, I would recommend the Board authorize the County Attorney's Office and the Purchasing Division to prepare a request for proposals ("RFP") for potential law firms. The County Attorney's Office has coordinated with Indian River County Sheriff's Office on email communications and conferences with one of the law firms involved in the opioid litigation. FUNDING., If the Indian River County Board of County Commissioners wishes to pursue litigation concerning the opioid epidemic, it would be anticipated that any law firm hired would operate under a contingency fee arraignment. The cost to advertise a RFP in accordance with Chapter 105 of the Indian River County Ordinance Code would be approximately $85, which would come from the General Fund/County Attorney/Other Professional Services account number 00110214-033190. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners provide guidance as to whether the Board wishes to participate in the opioid litigation. If the Board chooses to proceed with seeking to hire counsel to represent Indian River County in opioid litigation, the County Attorney's Office recommends that the Board authorize the County Attorney's Office and the Purchasing Division to prepare a request for proposals for potential law firms. F Vftlo--y'UadoVGENZML\8 CCMg-d.M—.iQpdLM9ro .d. 255 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 3. County Attorney's Matters - B. CC 3.6.18 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 28, 2018 SUBJECT: City of Sebastian Fire Marshal Ordinance BACKGROUND. ATTORNEY Pursuant to section 208.09 of the Indian River County Ordinance Code (the "Code"), the Indian River County Fire Marshal's Office is operated under the supervision of the Fire Chief of the Indian River County Fire Division, under the direction of the Director of the Indian River County Department of Emergency Services. Additionally, the fire chief is responsible for designating a fire marshal who is responsible for the administration and enforcement of applicable provisions of the Code, the State Fire Prevention' and Control Chapter (Chapter 633, Florida Statutes) and Chapter 69A-60, Florida Administrative Code. The fire marshal, or his or her designee, is responsible for issuing permits, certificates, notices, approvals and/or orders pertaining to life safety, fire control and fire hazards. Additionally, under section 208.11 of the Code, annual fire safety inspections are required to be conducted by qualified inspectors of all buildings specified in the Florida Fire Prevention Code under the emergency services district jurisdiction. The City of Sebastian (the "City") City Council (the "Council") is considering an ordinance that would establish an independent City Fire Marshall's Office that would have all of the same responsibilities as that of the Indian River County Fire Marshal's Office. The ordinance is scheduled for a public hearing before the Council on March 14, 2018. The proposed ordinance states that it supersedes those portions of the Code to the extent stated in the ordinance. The City is part of the Indian River County Emergency Services District and Chapter 208 of the Code governs the Indian River County Emergency Services District. It appears that the City is attempting to keep one foot in the Indian River County Emergency Services District and receive the benefits of fire protection, rescue services, basic and advanced life support services and other emergency services, while at the same time seeking independence from the Indian River County Emergency Services District with respect to the Fire Marshal's Office administration and enforcement powers. FA4tw—y1bmd.IGENE7ZALIB C C14gmd.M—.1Ciry.fSeb.11..Fi. M—hAd- 256 Board of County Commissioners February 28, 2018 Page Two This appears to be inconsistent with Florida law. Section 633.118, Florida Statutes, limits the types of entities that are authorized to enforce Chapter 633, Florida Statutes and the rules promulgated by the State Fire Marshal. Those include 1) the chiefs of county, municipal, and special -district fire service providers; 2) other fire service provider personnel designated by their respective chiefs; and 3) personnel designated by local governments having no organized fire service providers. Since the Indian River County Emergency Services District operates as an organized fire service provider within the City, the City does not have the authority to exercise such powers. The Indian River County Emergency Services District staff does not support this fracturing of the Indian River County Emergency Services District. The Indian River County Emergency Services District has a holistic view of emergencies, with both prevention and response critical aspects of the services provided. Therefore, the Indian River County Emergency Services District recommends that the Indian River County Board of County Commissioners as the Board of Commissioners of the Indian River County Emergency Services District oppose the enactment of this ordinance. On February 27, 2018, County Administrator Jason Brown, Emergency Services Director John King and Assistant Chief Tad Stone and I met with the City Manager Joe Griffin, City Attorney James Stokes and City Building Official Wayne Eseltine to discuss the issue. No agreement was reached on the matter. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners direct County staff to oppose the City Council ordinance establishing an independent City Fire Marshall's Office. F.-I41tomeyVndalGaFR9LO CCWgendaA1emo3Ciryof&bo dam Fin Af—hol.d- 257 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney County Attorney's Matters - B.C.C. 3.6.18 Ofc of INDIAN RIVER COUNTY TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 22, 2018 SUBJECT: Reasonable Accommodation Ordinance BACKGROUND. ATTORNEY Against the backdrop of the national opioid crisis, the role of recovery residences is being widely discussed by local governments. Several local governments in South Florida and the Treasure Coast have faced litigation from recovery residences for violations of the Fair Housing Act and the Americans with Disabilities Act, which constrain traditional zoning regulations. Additionally, in 2016, the Department of Housing and Urban Development and the Department of Justice issued an updated Joint Statement on State and Local Land Use Laws and Practices and the Application of the Fair Housing Act (the "Joint Statement"). As a result, a number of local governments, including the City of Port St. Lucie, have updated their reasonable accommodation procedures. Attached is a copy of a portion of the City of Port St. Lucie Ordinance 17-79, enacted on November 27, 2017. The City of Port St. Lucie reasonable accommodation process ordinance addresses several key issues, which include (a) appeals, (b) continuing obligation to verify disabilities, (c) reapplication after denial, (d) spatial considerations, (e) yearly renewal and (f) revocation procedures. Also, attached is a memorandum by R. Gregory Hyden, Special Legal Counsel to the City of Port St. Lucie. The County Attorney's Office believes that it would be beneficial to take a proactive approach and draft an ordinance that codifies a reasonable accommodation procedure. Although any future proposed ordinance may not contain all of the same processes as established in the City of Port St. Lucie, the County Attorney's Office recommends that the Indian River County Board of County Commissioners authorize the County Attorney's Office in conjunction with Indian River County staff to draft a proposed ordinance codifying a reasonable accommodation procedure. Additionally, although the Joint Statement provides some assistance to local governments, the Joint Statement still lacks specific guidance needed by local governments. As noted in the attached draft letter, further guidance is needed with respect to the over -concentration of recovery residences. Further, the Joint Statement recommendation to simply handle spacing requirements on a case-by-case basis leaves F. Wuoy1U.MGEAEEALIB C CWgndaMemosVteosonabk A—danond- 258 Board of County Commissioners February 22, 2018 Page Two local governments to wander through the Fair Housing Act and Americans with Disabilities Act with no helpful guideposts. Thus, further guidance from the federal government would be helpful as Indian River County examines the reasonable accommodation procedure. The County Attorney's Office recommends that the Indian River County Board of County Commissioners authorize the County Attorney to execute the draft letter. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners authorize the County Attorney's Office to draft a reasonable accommodation ordinance and authorize the County Attorney to execute the draft letter to the Department of Housing and Urban Development and the Department of Justice seeking further guidance concerning recovery residences. ATTACHMENTS. Portion of City of Port St. Lucie Ordinance 17-79 Memorandum by R. Gregory Hyden, Special Legal Counsel to the City of Port St. Lucie, dated October 30, 2017 Department of Housing and Urban Development and the Department of Justice Joint Statement on State and Local Land Use Laws and Practices and the Application of the Fair Housing Act Draft Letter Regarding Department of Housing and Urban Development and the Department of Justice Joint Statement on State and Local Land Use Laws and Practices and the Application of the Fair Housing Act. F-UttomeylLindaIGEAERSLB CCWgenda Alews1Reasonabfe Ac &(1on doer 259 ORDINANCE 17-79 ,Section 3. Title XV. Chapter 158. Article X-1. Section 158,233 — Reasonable accommodation procedures. Chapter 158, Article XI, Section 158.233, of the Code of Ordinances of the City of Port St. Lucie is hereby amended to read as follows (strikeeu! text indicates deletions while underlined text indicates additions): CHAPTER 158, — ZONING CODE ARTICLE XI. — SUPPLEMENTARY USE REGULATIONS SECTION 158.233. — REASONABLE ACCOMMODATION PROCEDURES Sec. 158.233. — Reasonable accommodation procedures. (a)This seetion impleniefft6-EUU).o.ic,,ai?=d,4ppl'L Wt,: It shall be the policy of the City of Port St. Lucie to provide reasonable accommodation in the application of for- preeessing-of quests for- feasenable aeeemm4datien to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the federal Fair Housini, Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title 11 of the Americans with Disabilities Act (42 U.S.C. Section 12131, et seq.) ("ADA"). For purposes of this section, a "disabled" individual or person is all individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. AfW pei:sen,,xhe is disabled (er qualif�ing enfifie�) may request a r-easeliable aeeeiiiffiedation- respeet te the City's land ose ei, zenff*,laws, rttles, pe1jeies, pr-aefiees an&lef pr-eee"r-es as- (b) RozeLrginenls Lor Filing aReoazw&ejgcgmn7oLaflQa Rechest: (1) Any person who is disabled (or qualif ying g entity) (collectively "Applicant' may request a reasonable accommodation with respect to the City's land use or zoning laws, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set forth in this- section. It-istheobligationof the Applicant to establish that they, or those on whose behalf the re nest is made, are protected under the FHA and/or ADA by demonstrating that they. or those on whose behalf the request is made. are disabled/handicapped as defined by the FHA and/or ADA and that the Proposed accommodation is both reasonable and necessag to afford the Applicant. or those on whose behalf the request is made, an equal opportunity to use and enjoy the residential dwellim. Q A request by an Applicant for a reasonable accommodation under this section shall be in writing by combletion, of a reasonable accommodation request form. which form is, maintained by (and shall be submitted to) the City Attorney's Office. The reasonable accommodation request form shall contain such questions and requests for information as are necessary forprocessing the reasonable accommodation request. 260 ............ W-2-21. (b) RozeLrginenls Lor Filing aReoazw&ejgcgmn7oLaflQa Rechest: (1) Any person who is disabled (or qualif ying g entity) (collectively "Applicant' may request a reasonable accommodation with respect to the City's land use or zoning laws, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set forth in this- section. It-istheobligationof the Applicant to establish that they, or those on whose behalf the re nest is made, are protected under the FHA and/or ADA by demonstrating that they. or those on whose behalf the request is made. are disabled/handicapped as defined by the FHA and/or ADA and that the Proposed accommodation is both reasonable and necessag to afford the Applicant. or those on whose behalf the request is made, an equal opportunity to use and enjoy the residential dwellim. Q A request by an Applicant for a reasonable accommodation under this section shall be in writing by combletion, of a reasonable accommodation request form. which form is, maintained by (and shall be submitted to) the City Attorney's Office. The reasonable accommodation request form shall contain such questions and requests for information as are necessary forprocessing the reasonable accommodation request. 260 ORDINANCE 17-79 (3) If the request for a reasonable accommodation is made by a qualifying entity on behalf of disabled individuals: (i) it is the continuing obligation of the qualifying entity to submit Verification of Disability Status forms on behalf of each of the disabled individuals. The Verification of Disability Status Form is maintained by (and shall be submitted to) the Ci!y Attorney's Office and (ii) the reasonable accommodation request form must be signed by both the owner and the Applicant of the residential dwelling (if different individuals). (4) Should the information provided by the disabled individual(s) or qualifying entity to the City include medical information or records including records indicating the medical condition. diagnosis or medical history of the disabled individuals) such individuals) may. at the tine of submitlinp, such medical information request that the City_ to the extent allowed by law, treat such medical information as confidential information of the disabled individual(s). The City shall thereafter endeavor to provide written notice to the disabled individual(s) and/or their representative of any request received by the City for disclosure of the medical information or documentation, which the disabled individual(s) has previously requested be treated as confidential by the City. The City will cooperate with the . disabled individual(s). to the extent allowed by lavv, in actions initiated by such individual(s) to oppose the disclosure of such medical information or documentation, but the City shall have no obligation to initiate. prosecute or pwsue any such action or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith. and may comply with any judicial order without prior notice to the disabled individual(s) or qualifying entity. c) Spatial Considerations: If the clustering of Recovery Residences would occur by the granting of an Applicant's reasonable accommodation requesf it shall be the obligation of the Applicant to establish that such clustering would not create a fundamental alteration of a residential neighborhood and will best meet the needs of the Applicant. designee,(d) The Gity Manager, or his/her shall have the ataherit)'ie eensidef and aet on s it -will be r-ef�ffed to the City s &signee sdesignee, shall issue a v4iaen 261 ORDINANCE 17-79 A- deteffeination withi,4 fe� I. I - \ I-/ --.Is ef 4,he date of reeeipt of a eempleted applieation and ffia�', in aeGOA — " i th f -d —n3 -al !aw: (1) Gpan4 the aee9fnFaodaI.'-.,.-I, --- 1. (2�-Gfant-a-pei4ien of the request and den), a pai-tion of 4he feqtiest, amWer- impes e-anditions upen the gFafit of ihe-fequ� - - ------------ W ....... . ............ 0.0�100-01-00.1 PROF . .............................. .... . ........... ...... . ..... MQ - ....... . ...... (d) 1) The City Manap-er, or his/her desiRnee, shall have the authority to consider and act on requests for reasonable accommodation. When a reasonable accommodation .request form has been, completed and submitted to the City. Attorney. it will be referred to the City Manager, or designee, for review and consideration. The City Manager. or desip-nee, shall issue a written determination within thirty (30).days of the date of receipt of a completed application and may, in accordance With federal law: (i) Grant the accommodation request: (ii) Grant a portion -of the request and deny a portion of the request. and/or impose conditions upon the grant of the request; or (iii) Den y the -request, in accordance with federal law. Anv such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the night to Weal. The notice of determination shall be sent to the Applicant by certified mail, return receipt requested. If reasonably necessary to reach a determination on the request- for reasonable accommodation. the City Manager, or designee, may, prior to the end of said thirty (30) day period. request additional 'information from the ARlicant, specifying in sufficient detail what information is required. The Applicant shall have fifteen (15) da s after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the thirty 262 ORDINANCE 17-79 (30) dqy period to issue a written determination shall no longer be applicable. and the City Manager, or designee, shall issue a written deteri-niiiation within thirty (30) days after receipt of the additional information. If the Applicant fails to provide the requested additional information with said fifteen (15) day period, the Cij), Manager, or designee, shall issue a written notice advising that the Applicant had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the Citv with regard to said reasonable accommodation request shall be required. (Within thirty (30) days after the City Manager's. or designee's, determination on a reasonable accommodation reguest is mailed to the Al2plicant, such Applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the Special Magistrate who shall. after Public notice and a no event later than thirty (30) da_vs after an appeal has been filed. An appeal of a decision by the Special Magistrate shall be handled exclusively in the Nineteenth Judicial Circuit in and for St. Lucie County. Florida. Such appeal shall be taken by filing \AT petition for it of certiorari within thirty (30) days from the date of filinR of the written order by the City Clerk. ......... .... .. . .. .......... --fue R9 fe) )?eggglication afig Qgnija- p_f'a Reawnable Accommodation Request: No reasonable accommodation request shall be considered by the City if the Applicant's same or substantially similar reasonable accommodation Miieg was denied, and not overturned by subsequent order, within the mvious twelve (W months absent a material, and substantial change in circumstances from the date of the denial. It shall be, in the City Attorney's sole discretion to determine whether a material and substantial ch��e in circumstances has occurred. WMin thii:ty (30) days aRer- the Gity,Mane�#Ws, er- des . �gn els, detefmination en a- reasenable aeoeramodatien reqeest is mailed te the iequesfiffg. pei4y.,,��eh appheant may appeal the deeision. All appealg sha4l eentain a stM ent,cdataif�ing suffieient detail of gr-ounds for- the appeal. Appeals �hall be to 4w Qty'Gqune4 Whe �s4a!�, after- p01iei*e4ee-affd 263 ORDINANCE 17-79 I 4"'W'" rm-1,14-1111 M.Revo-cation QtanA=rovqdReasonable AccoruLo lon Request: (1) Grounds for Revocation. The City Manager, or designee. may initiate an action to revoke an approval for a reasonable accommodation request, when lie or she finds by competent and substantial evidence that: (i) 'rhe Applicant provided false or misleading information on the reasonable accommodation request: (ii) The property subject to the reasonable accommodation request has been found to be in. violation the conditions of approval of the reasonable accommodation request: (iii) Any applicable state or federal certification has expired or been -revoked: or (iv) Since the granting of the reasonable accommodation request. the reasonable accommodation has become incurious to the health, safety or welfare of the public. (2) Revocation Procedures. (i) Notice of Intent to Revoke. If the City Manager, or designee, finds cause_ exists to revoke a reasonable accommodation. he or she shall cause to be served upon the Applicant a written notice of intent to. revoke which shall contain the grounds upon -,xhich such revocation is proposed. The applicant shall have ten (10) days in which to respond. (ii) Notice of -Hearing. If the Applicant fails to show compliagm with the order moving the reasonable accommodation request. City Manager. or: designee, shall schedule a publicly noticed quasi-judicial hearing to occur no later than thirty (30) dUs from the date the Notice of Intent to Revoke was served upon the Applicant before the Special Magistrate and shall ca -use to be served upon the ARplicant a Notice of Hearing. (iii) The Special Magistrate shall, after public notice and aquasijudicial public hearing_. render a determination as soon as reasonably practicable, but in no event later than thirty (30) days after the Notice ofHearing has been filed. An Mpeal of -a decision by the Social Magistrate shall be handled exclusively in the Nineteenth Judicial Circuit in and for St. Lucie County_ Florida. Such appeal shall be taken by filing a petition for writ of .certiorari Within thirty_(30) days froin the date of filing of the written order by the City Clerk. 264 ORDINANCE 17-79 (g) Annual Rengual: An approval of a reasonable accommodation request shall be valid for twelve (12) months. An Applicant may renew the reasonable accommodation request approval by completion of a renewal reasonable accommodation request form, which form is maintained by (and shall be submitted to) the. City Attorney's Office. The renewal reasonable accommodation request form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation renewal request. Said form must be received by the City Attorney no later than the last day of the eleventh month from when the last approval was granted. All forms submitted after that date shall result in a denial. ,(12g) Fees: There shall be no fee imposed by the City in connection with a request for reasonable accommodation under this section or an appeal of a determination ern of such request to the City Gouneil Special Magistrate, and the City shall have no obligation to pay a b an Applicant's (or an appealing party's, as applicable) attorneys' fees or costs in connection with the request, or an appeal, (il3) Penrlrn7 Apnliccrlian or Appeal and Errfarcemen� of 7niii� Cvde: While an application for reasonable accommodation, or appeal of a determination of same; is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures against the Applicant. (ii) Generul Provisions: The ;belle -:ring gene al P�9N,isiwlsshall be (1) The City shall display a notice on the City's webpage (and shall maintain copies available for review in P&Z, the .Building/Perrnitting Division, and the City Clerk's Office), advising the public disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein, (2) A disabled individual may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual. (3) The City shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for .reasonable accommodation, including without limitation; assistance with reading application questions; responding to questions, completing the form, fiiling.an appeal, and appearing at a hearing, etc., to ensure the process is accessible. 265 ORDINANCE 17-79 7.Nafne, . Signature , if , _ .? Section 4. Severability. The provisions of this Ordinance are intended to be severable. If any provision ofthis Ordinance is determined to be void or is declared illegal, invalid, or. unconstitutional by a Court, of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect. Section 5. Conflict. If any ordinances; or parts of ordinances, or if any, sections; or parts of sections, of the Code .of Ordinances of the City of Port St. Lucie, Florida, :are in conflict herewith, this Ordinance shall control to the extent of the conflicting provisions. 266 ORDINANCE 17-79 r Section 6. Codification. It is the intention of the City Council of the City of Port St. Lucie, and it is hereby ordained, that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Port St. Lucie, Florida, that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions, and the word "ordinance" .may be changed to "Section" or other appropriate word as may be necessary. Section 7. Effective Date. This Ordinance shall become effective upon final adoption on second reading. PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this 271h day of November, 2017. ATTEST: Kar A. Phillips, City Jerk CITY COUNCIL * CITY OF PORT ST. LUCIE BY: se�) GfJ14-6ravec, Mayor APPROVED AS TO FORM: 0, Reginald Osenton, City Attorney 267 ATTACHMENT "1" to City Council Agenda Item Summary Memorandum by R. Gregory Hyden, Esq. Special Legal Counsel Revision to Reasonable Accommodation Procedures Section 158.233 of the Code of Ordinances 268 _nY r 40 Nasi �a GERSON WHITE & LIOU, P.A.. A l 10 1, N 1, Y.l A I LA%A,* I kmndid 0',n MEMORANDUM TO: O. Reginald Osenton, City Attorney FROM: Gregory Hyden, Esq., Special Outside'Coiuis& � DATE: October 30, 2017 SUBJECT: Reasonable Accommodation Request Ordinance Revision Backmround The United States is experiencing an opioid crisis claiming over 59,000 lives in 2016. Earlier this month, the Trump Administration directed the Department of Health and Human Services to declare the opioid crisis a public health emergency. In Florida alone, approximately 4,000 -people died as a result of opioids last year. Not only is there a tragic human cost, but there is a tremendous financial cost to local governments. It cost the Port St. Lucie Police Department approximately $32,000 in responding to overdose calls in the last 17 months. That cost does not include the costs of any first responders or subsequent medical or social services. For many local governments, the human and financial costs are staggering. Against this backdrop, the role of Recovery Residences is being widely discussed by local governments. Recovery Residences, also referred to as group homes and sober homes, are where individuals in recovery from drug and/or alcohol addictions reside in a drug and alcohol -free residential dwelling. It cannot be stated enough that Recovery Residences provide a tremendous service to these disabled individuals and to communities in which they are located. There are two primary Iaws that form the basis .of the applicable legal analysis: the federal Fair Housing Act ("FHA") and the Americans With Disabilities Act C ADA"). Under both the FHA and ADA, individuals in recovery for drug and/or alcohol addictions are deemed disabled/handicapped and thus local governments are prohibited from discriminating against them. This issue most frequently arises when local governments refuse to grant a reasonable accommodation of zoning or land use ordinances to individuals wishing to locate a Recovery Residence in a single-family 269 residential zone. As a result, most local governments now have reasonable accommodation procedures. Prior to 2013, the City of Port St. Lucie C'City") did not have formal 'reasonable accommodation procedures but, in response to two pending reasonable accommodation requests, passed an emergency ordinance adopting reasonable accommodation procedures so that the City could consider the pending requests. That emergency ordinance created Section 158.233 of the City's Code of Ordinances. However, since 2013, the Department of Housing and Urban Development and the Department of Justice issued an updated Joint Statement on State and Local Land Use Laws and Practices and the Application of the Fair Housing Act, the State of Florida funded the creation of the Palm Beach County Sober Home Task Force, and during the 2017 legislative session, the Florida legislature passed HB 329 and HB 807. As a result, a number of local governments, including the City, are updating their reasonable accommodation procedures. Reasonable.;Aceommodation Procedures For the last several years, it has become increasingly apparent that the City's existing reasonable accommodation procedures needed to be clarified and revised in light of issues raised by Recovery Residences. For example, the current language in Section 158.233 is not clear as to when a Special Magistrate is utilized, how a revocation of a previously approved reasonable accommodation request would operate, whether immediate reapplication could occur after a denial, etc. After review of the best practices from other local .governments, the City undertook a revision of its reasonable accommodation procedures. In doing so, the City takes seriously its responsibility pursuant to the FHA and ADA to make reasonable accommodations in rules, policies, practices and services when necessary to afford disabled individuals an equal opportunity to use and enjoy a residential dwellings. .Pror osed:RbVi4t6hfAo the Reasonable Accomwodaiion Procedures The City Council has consistently asked that several key areas of the reasonable accommodation requests be .addressed. This memo shall lay each out and address what the proposed revisions seek to do. A. Appeals: Given the state and federal legal issues that are raised in an appeal of a denial of a reasonable accommodation, the ordinance has been revised so that appeals go to a Special Magistrate. This will allow both the City and the applicant to focus on the legal and/or technical issues before someone familiar with that area of the law. The new ordinance states ,j 2 270 "[w]ithin thirty (30) days after the City Manager's, or designee's, determination on a reasonable accommodation request is mailed to the Applicant, such Applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the Special Magistrate who shall, after public notice and a quasi-judicial public hearing, render a determination as soon as reasonably practicable, but in no event later than thirty (30) days after an appeal has been filed. An appeal of a decision by the Special Magistrate shall be handled exclusively in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida. Such appeal shall be taken by filing a petition for writ of certiorari within thirty (30) days from the date of filing of the written order by the City Clerk." B. Continuing obligation to verify disabilities: Unfortunately, the City has discovered that a number of Recovery Residences have allowed a blended group of individuals to reside in a residential dwelling, not all of which are disabled under the FHA and ADA. As a result, the new ordinance states ".[i]f the request for -a reasonable accommodation is made by a qualifying entity on behalf of disabled individuals: (i) it is the continuing obligation of the qualifying entity to submit Verification of Disability Status forms on behalf of each of the disabled individuals. The i Verification of Disability Status Form is maintained by (and shall be submitted to) the City Attorney's Office...." C. Reapplication after denial: The proposed ordinance states that "[n]o reasonable accommodation request shall be considered by the City if the Applicant's same or substantially similar reasonable accommodation request was denied, and not overturned by subsequent order, within the previous twelve (12) months absent a material and substantial change in circumstances from the date of the denial. It -shall be in the City Attorney's sole discretion to determine whether a material and substantial change in circumstances has occurred." This has not been extended to related entities of the applicant (if a corporate applicant) or to a reasonable accommodation request by the applicant for a different property as each property and each applicant are distinctly unique. D. Spatial considerations: Consistent with the guidance provided by the Joint Statement of the Department of Housing and Urban Development and the Department of Justice. on State and Local Land Use Laws and Practices and the Application of the Fair Housing Act, the proposed ordinance takes a case-by-case analysis. It states "[ijf the clustering of Recovery Residences would occur by the granting of an Applicant's reasonable accommodation request, it shall be the obligation of the Applicant to establish that such clustering would not create a 3 271 fundamental alteration of a residential neighborhood and will best meet the needs of the Applicant." E. Renewal: As it currently stands, the City does not know if Recovery Residences continue to operate after they have received an approval. As a result, the ordinance will now require an annual renewal. The ordinance states "[a]n approval of a reasonable accommodation request shall be valid for twelve (12) months. An Applicant may renew the reasonable accommodation request approval by completion of a renewal reasonable .accommodation request form, which form is maintained by (and shall be .submitted to) the City Attorney's Office. The renewal reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation renewal request. Said form must be received by the City Attorney no later than the last day of the eleventh month from when the last approval was granted. All forms submitted after that date shall result in a denial." F. Revocation procedures: One of the main issues that the City's current reasonable accommodation requests need clarity on are revocation procedures. As a result, the ordinance has been revised to include not only the grounds for revocation but also for procedures. The ordinance states "[t]he City Manager, or designee, may initiate an action to revoke an approval for a reasonable accommodation request, when he or she finds by competent and substantial evidence that: (i) [t]he Applicant provided false or misleading information on the reasonable accommodation request; (ii) [t]he property subject to the reasonable accommodation request has I been found to be in violation of the conditions of approval of the reasonable accommodation request; (iii) [a]ny applicable state or federal certification has expired or been revoked; (iv) [s]ince the granting of the reasonable accommodation request, the reasonable accommodation has become injurious to the health, safety or welfare of the public." The revocation procedures are thus "[i]f the City Manager, or designee, finds, cause exists to revoke a reasonable accommodation, he or she shall cause to be served upon the Applicant a written notice of intent to revoke which shall contain the grounds upon which such revocation is proposed. The applicant shall have ten (10) days is which to respond.....[i]f the Applicant fails to show compliance with the order approving the reasonable accommodation request, the City Manager, or designee, shall schedule a publicly noticed quasi-judicial hearing to occur no later than thirty (30) days from the date the Notice of Intent to Revoke was served upon the Applicant before the Special Magistrate and shall cause to be served upon the Applicant a Notice of Hearing .... [t]he Special Magistrate shall, after public 4 272 notice and a quasi-judicial public hearing,. render a determination as soon as reasonably practicable, but in no event later than thirty (30) days after the Notice of Hearing has been filed. An appeal of a decision by the Special Magistrate shall be handled exclusively in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida. Such appeal shall be taken by filing a petition for writ of certiorari within thirty (30) days from the date of filing of the written order by the City Clerk." Cr. Compliance with NARR and FARR: Certification is voluntary in both state and federal law. However, in an effort to encourage compliance, the City has defined Recovery Residences as " (a]n alcohol and drug-free residential dwelling, for individuals deemed disabled/handicapped by the Fair Housing Act and/or the Americans With Disabilities Act as a result of alcohol and/or drug addictions, that is in compliance with the standards set forth by the National Association of Recovery Residences and the Florida Association of Recovery Residences as much asis practicable." Beyond the above revisions, the following are the other main changes. The original section 158.233(a) has been split into an (a) and (b) to read more cohesively. Section 158.233(b)(1) has been revised to clearly explain the requirements for filing a reasonable accommodation request including the applicant's obligations. Section 158.233(b)(2) removes Planning and Zoning and instead shifts the receipt of reasonable accommodation requests to the City Attorney's Office in an effort to streamline the process for applicants. As noted above, Section 158.233(bx3) will now require a continuing. obligation to complete a Verification of Disability Status Form for each new resident. Also, the owner of a property along with the applicant, if different persons, must sign the application. This is because the City gets dragged into landlord/tenant disputes with regard to Recovery Residences all too often. Should you have any other questions or concerns, please do not hesitate to contact me. Z:\CLIENT DOCMProLaw Conversion Documents (7.25 - 8.7.15)\City of Port St. Lucie\Reasonable Accommodation Requests\ResearchWemorandum- RAR - DRAFT V.2 - KAS Edits-10.30.17.docx 5 273 JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE STATE AND LOCAL LAND USE LAWS AND PRACTICES AND THE APPLICATION OF THE FAIR HOUSING ACT INTRODUCTION The Department of Justice ("DOJ") and the Department of Housing and Urban Development ("HUD") are jointly responsible for enforcing the Federal Fair Housing Act ("the Act"),' which prohibits discrimination in housing on the basis of race, color, religion, sex, disability, familial status (children under 18 living with a parent or guardian), or national origin. The Act prohibits housing -related policies and practices that exclude or otherwise discriminate against individuals because of protected characteristics. The regulation of land use and zoning is traditionally reserved to state and local governments, except to the extent that it conflicts with requirements imposed by the Fair Housing Act or other federal laws. This Joint Statement provides an overview of the Fair Housing Act's requirements relating to state and local land use practices and zoning laws, including conduct related to group homes. It updates and expands upon DOD's and HUD's Joint Statement on Group Homes, Local Land Use, and the Fair Housing Act, issued on August 18, 1999. The first section of the Joint Statement, Questions 1-6, describes generally the Act's requirements as they pertain to land use and zoning. The second and third sections, Questions 7- 25, discuss more specifically how the Act applies to land use and zoning laws affecting housing for persons with disabilities, including guidance on regulating group homes and the requirement to provide reasonable accommodations. The fourth section, Questions 26-27, addresses HUD's and DOD's enforcement of the Act in the land use and zoning context. This Joint Statement focuses on the Fair Housing Act, not on other federal civil rights laws that prohibit state and local governments from adopting or implementing land use and zoning practices that discriminate based on a protected characteristic, such as Title II of the Americans with Disabilities Act ("ADA"),3 Section 504 of the Rehabilitation Act of 1973 ("Section 504"),4 and Title VI of the Civil Rights Act of 1964.5 In addition, the Joint Statement ' The Fair Housing Act is codified at 42 U.S.C. §§ 3601-19. 2 The Act uses the term "handicap" instead of "disability." Both terms have the same legal meaning. See Bragdon v. Abbott, 524 U.S. 624, 631 (1998) (noting that the definition of "disability" in the Americans with Disabilities Act is drawn almost verbatim "from the definition of `handicap' contained in the Fair Housing Amendments Act of 1988"). This document use's the term "disability," which is more generally accepted. 3 42 U.S.C. § 12132. 4 29 U.S.C. § 794. 5 42 U.S.C. § 2000d. 274 does not address a state or local government's duty to affirmatively further fair housing, even though state and local governments that receive HUD assistance are subject to this duty. For additional information provided by DOJ and HUD regarding these issues, see the list of resources provided in the answer to Question 27. Questions and Answers on the Fair Housing Act and State and Local Land Use Laws and Zoning 1. How does the Fair Housing Act apply to state and local land use and zoning? The Fair Housing Act prohibits a broad range of housing practices that discriminate against individuals on the basis of race, color, religion, sex, disability, familial status, or national origin (commonly referred to as protected characteristics). As established by the Supremacy Clause of the U.S. Constitution, federal laws such as the Fair Housing Act take precedence over conflicting state and local laws. The Fair Housing Act thus prohibits state and local land use and zoning laws, policies, and practices that discriminate based on a characteristic protected under the Act. Prohibited practices as defined in the Act include malting unavailable or denying housing because of a protected characteristic. Housing includes not only buildings intended for occupancy as residences, but also vacant land that may be developed into residences. 2. What types of land use and zoning laws or practices violate the Fair Housing Act? Examples of state and local land use and zoning laws or practices that may violate the Act include: • Prohibiting or restricting the development of housing based on the belief that the residents will be members of a particular protected class, such as race, disability, or familial status, by, for example, placing a moratorium on the development of multifamily housing because of concerns that the residents will include members of a particular protected class. • Imposing restrictions or additional conditions on group housing for persons with disabilities that are not imposed on families or other groups of unrelated individuals, by, for example, requiring an occupancy permit for persons with disabilities to live in a single-family home while not requiring a permit for other residents of single-family homes. • Imposing restrictions on housing because of alleged public safety concerns that are based on stereotypes about the residents' or anticipated residents' membership in a protected class, by, for example, requiring a proposed development to provide additional security measures based on a belief that persons of a particular protected class are more likely to engage in criminal activity. 2 275 Enforcing otherwise neutral laws or policies differently because of the residents' protected characteristics, by, for example, citing individuals who are members of a particular protected class for violating code requirements for property upkeep while not citing other residents for similar violations. Refusing to provide reasonable accommodations to land use or zoning policies when such accommodations may be necessary to allow persons with disabilities to have an equal opportunity to use and enjoy the housing, by, for example, denying a request to modify a setback requirement so an accessible sidewalk or ramp can be provided for one or more persons with mobility disabilities. 3. When does a land use or zoning practice constitute intentional discrimination in violation of the Fair Housing Act? Intentional discrimination is also referred to as disparate treatment, meaning that the action treats a person or group of persons differently because of race, color, religion, sex, disability, familial status, or national origin. A land use or zoning practice may be intentionally discriminatory even if there is no personal bias or animus on the part of individual government officials. For example, municipal zoning practices or decisions that reflect acquiescence to community bias may be intentionally discriminatory, even if the officials themselves do not personally share such bias. (See Q&A 5.) Intentional discrimination does not require that the decision -makers were hostile toward members of a particular protected class. Decisions motivated by a purported desire to benefit a particular group can also violate the Act if they result in differential treatment because of a protected characteristic. A land use or zoning practice may be discriminatory on its face. For example, a law that requires persons with disabilities to request permits to live in single-family zones while not requiring persons without disabilities to request such permits violates the Act because it treats persons with disabilities differently based on their disability. Even a law that is seemingly neutral will still violate the Act if enacted with discriminatory intent. In that instance, the analysis of whether there is intentional discrimination will be based on a variety of factors, all of which need not be satisfied. These factors include, but are not limited to: (1) the "impact" of the municipal practice, such as whether an ordinance disproportionately impacts minority residents compared to white residents or whether the practice perpetuates segregation in a neighborhood or particular geographic area; (2) the "historical background" of the action, such as whether there is a history of segregation or discriminatory conduct by the municipality; (3) the "specific sequence of events," such as whether the city adopted an ordinance or took action only after significant, racially -motivated community opposition to a housing development or changed course after learning that a development would include non-white residents; (4) departures from the "normal procedural sequence," such as whether a municipality deviated from normal application or zoning requirements; (5) "substantive departures," such as whether the factors usually considered 276 important suggest that a state or local government should have reached a different result; and (6) the "legislative or administrative history," such as any statements by members of the state or local decision-making body 6 4. Can state and local land use and zoning laws or practices violate the Fair Housing Act if the state or locality did not intend to discriminate against persons on a prohibited basis? Yes. Even absent a discriminatory intent, state or local governments may be liable under the Act for any land use or zoning law or practice that has an unjustified discriminatory effect because of a protected characteristic. In 2015, the United States Supreme Court affirmed this interpretation of the Act in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inca The Court stated that "[t]hese unlawful practices include zoning laws and other housing restrictions that function unfairly to exclude minorities from certain neighborhoods without any sufficient justification."8 A land use or zoning practice results in a discriminatory effect if it caused or predictably will cause a disparate impact on a group of persons or if it creates, increases, reinforces, or perpetuates segregated housing patterns because of a protected characteristic. A state or local government still has the opportunity to show that the practice is necessary to achieve one or more of its substantial, legitimate, nondiscriminatory interests. These interests must be supported by evidence and may not be hypothetical or speculative. If these interests could not be served by another practice that has a less discriminatory effect, then the practice does not violate the Act. The standard for evaluating housing -related practices with a discriminatory effect are set forth in HUD's Discriminatory Effects Rule, 24 CRR § 100.500. Examples of land use practices that violate the Fair Housing Act under a discriminatory effects standard include minimum floor space or lot size requirements that increase the size and cost of housing if such an increase has the effect of excluding persons from a locality or neighborhood because of their membership in a protected class, without a legally sufficient justification. Similarly, prohibiting low-income or multifamily housing may have a discriminatory effect on persons because of their membership in a protected class and, if so, would violate the Act absent a legally sufficient justification. 6 Vill. ofArlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 265-68 (1977). U.S. _, 135 S. Ct. 2507 (2015). 8 Id. at 2521-22. 4 277 5. Does a state or local government violate the Fair Housing Act if it considers the fears or prejudices of community members when enacting or applying its zoning or land use laws respecting housing? When enacting or applying zoning or land use laws, state and local governments may not act because of the fears, prejudices, stereotypes, or unsubstantiated assumptions that community members may have about current or prospective residents because of the residents' protected characteristics. Doing so violates the Act, even if the officials themselves do not personally share such bias. For example, a city may not deny zoning approval for a low-income housing development that meets all zoning and land use requirements because the development may house residents of a particular protected class or classes whose presence, the community fears, will increase crime and lower property values in the surrounding neighborhood. Similarly, a local government may not block a group home or deny a requested reasonable accommodation in response to neighbors' stereotypical fears or prejudices about persons with disabilities or a particular type of disability. Of course, a city council or zoning board is not bound by everything that is said by every person who speaks at a public hearing. It is the record as a whole that will be determinative. 6. Can state and local governments violate the Fair Housing Act if they adopt or implement restrictions against children? Yes. State and local governments may not impose restrictions on where families with children may reside unless the restrictions are consistent with the "housing for older persons" exemption of the Act. The most common types of housing for older persons that may qualify for this exemption are: (1) housing intended for, and solely occupied by, persons 62 years of age or older; and (2) housing in which 80% of the occupied units have at least one person who is 55 years of age or older that publishes and adheres to policies and procedures demonstrating the intent to house older persons. These types of housing must meet all requirements of the exemption, including complying with HUD regulations applicable to such housing, such as verification procedures regarding the age of the occupants. A state or local government that zones an area to exclude families with children under 18 years of age must continually ensure that housing in that zone meets all requirements of the exemption. If all of the housing in that zone does not continue to meet all such requirements, that state or local government violates the Act. E 278 Questions and Answers on the Fair Housing Act and Local Land Use and Zoning Regulation of Group Homes 7. Who qualifies as a person with a disability under the Fair Housing Act? The Fair Housing Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment. The term "physical or mental impairment" includes, but is not limited to, diseases and conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection, developmental disabilities, mental illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance), and alcoholism. The term "major life activity" includes activities such as seeing, hearing, walking breathing, performing manual tasks, caring for one's self, learning, speaking, and working. This list of major life activities is not exhaustive. Being regarded as having a disability means that the individual is treated as if he or she has a disability even though the individual may not have an impairment or may not have an impairment that substantially limits one or more major life activities. For example, if a landlord refuses to rent to a person because the landlord believes the prospective tenant has a disability, then the landlord violates the Act's prohibition on discrimination on the basis of disability, even if the prospective tenant does not actually have a physical or mental impairment that substantially limits one or more major life activities. Having a record of a disability means the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. g. What is a group home within the meaning of the Fair Housing Act? The term "group home" does not have a specific legal meaning; land use and zoning officials and the courts, however, have referred to some residences for persons with disabilities as group homes. The Fair Housing Act prohibits discrimination on the basis of disability, and persons with disabilities have the same Fair Housing Act protections whether or not their housing is considered a group home. A household where two or more persons with disabilities 279 choose to live together, as a matter of association, may not be subjected to requirements or conditions that are not imposed on households consisting of persons without disabilities. In this Statement, the term "group home" refers to a dwelling that is or will be occupied by unrelated persons with disabilities. Sometimes group homes serve individuals with a particular type of disability, and sometimes they serve individuals with a variety of disabilities. Some group homes provide residents with in-home support services of varying types, while others do not. The provision of support services is not required for a group home to be protected under the Fair Housing Act. Group homes, as discussed in this Statement, may be opened by individuals or by organizations, both for-profit and not-for-profit. Sometimes it is the group home operator or developer, rather than the individuals who live or are expected to live in the home, who interacts with a state or local government agency about developing or operating the group home, and sometimes there is no interaction among residents or operators and state or local governments. In this Statement, the term "group home" includes homes occupied by persons in recovery from alcohol or substance abuse, who are persons with disabilities under the Act. Although a group home for persons in recovery may commonly be called a "sober home," the term does not have a specific legal meaning, and the Act treats persons with disabilities who reside in such homes no differently than persons with disabilities who reside in other types of group homes. Like other group homes, homes for persons in recovery are sometimes operated by individuals or'organizations, both for-profit and not-for-profit, and support services or supervision are sometimes, but not always, provided. The Act does not require a person who resides in a home for persons in recovery to have participated in or be currently participating in a substance abuse treatment program to be considered a person with a disability. The fact that a resident of a group home may currently be illegally using a controlled substance does not deprive the other residents of the protection of the Fair Housing Act. 9. In what ways does the Fair Housing Act apply to group homes? The Fair Housing Act prohibits discrimination on the basis of disability, and persons with disabilities have the same Fair Housing Act protections whether or not their housing is considered a group home. State and local governments may not discriminate against persons with disabilities who live in group homes. Persons with disabilities who live in or seek to live in group homes are sometimes subjected to unlawful discrimination in a number of ways, including those discussed in the preceding Section of this Joint Statement. Discrimination may be intentional; for example, a locality might pass an ordinance prohibiting group homes in single- family neighborhoods or prohibiting group homes for persons with certain disabilities. These ordinances are facially discriminatory, in violation of the Act. In addition, as discussed more fully in Q&A 10 below, a state or local government may violate the Act by refusing to grant a 7 280 reasonable accommodation to its zoning or land use ordinance when the requested accommodation may be necessary for persons with disabilities to have an equal opportunity to use and enjoy a dwelling. For example, if a locality refuses to waive an ordinance that limits the number of unrelated persons who may live in a single-family home where such a waiver may be necessary for persons with disabilities to have an equal opportunity to use and enjoy a dwelling, the locality violates the Act unless the locality can prove that the waiver would impose an undue financial and administrative burden on the local government or fundamentally alter the essential nature of the locality's zoning scheme. Furthermore, a state or local government may violate the Act by enacting an ordinance that has an unjustified discriminatory effect on persons with disabilities who seek to live in a group home in the community. Unlawful actions concerning group homes are discussed in more detail throughout this Statement. 10. What is a reasonable accommodation under the Fair Housing Act? The Fair Housing Act makes it unlawful to refuse to make "reasonable accommodations" to rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling. A "reasonable accommodation" is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others may sometimes deny them an equal opportunity to use and enjoy a dwelling. Even if a zoning ordinance imposes on group homes the same restrictions that it imposes on housing for other groups of unrelated persons, a local government may be required, in individual cases and when requested to do so, to grant a reasonable accommodation to a group home for persons with disabilities. What constitutes a reasonable accommodation is a case-by- case determination based on an individualized assessment. This topic is discussed in detail in Q&As 20-25 and in the HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act. 11. Does the Fair Housing Act protect persons with disabilities who pose a "direct threat" to others? The Act does not allow for the exclusion of individuals based upon fear, speculation, or stereotype about a particular disability or persons with disabilities in general. Nevertheless, the Act does not protect an individual whose tenancy would constitute a "direct threat" to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others unless the threat or risk to property can be eliminated or significantly 8 281 reduced by reasonable accommodation. A determination that an individual poses a direct threat must rely on an individualized assessment that is based on reliable objective evidence (for example, current conduct or a recent history of overt acts). The assessment must consider: (1) the nature, duration, and severity of the risk of injury; (2) the probability that injury will actually occur; and (3) whether there are any reasonable accommodations that will eliminate or significantly reduce the direct threat. See Q&A 10 for a general discussion of reasonable accommodations. Consequently, in evaluating an individual's recent history of overt acts, a state or local government must take into account whether the individual has received intervening treatment or medication that has eliminated or significantly reduced the direct threat (in other words, significant risk of substantial harm). In such a situation, the state or local government may request that the individual show how the circumstances have changed so that he or she no longer poses a direct threat. Any such request must be reasonable and limited to information necessary to assess whether circumstances have changed. Additionally, in such a situation, a state or local government may obtain satisfactory and reasonable assurances that the individual will not pose a direct threat during the tenancy. The state or local government must have reliable, objective evidence that the tenancy of a person with a disability poses a direct threat before excluding him or her from housing on that basis, and, in making that assessment, the state or local government may not ignore evidence showing that the individual's tenancy would no longer pose a direct threat. Moreover, the fact that one individual may pose a direct threat does not mean that another individual with the same disability or other individuals in a group home may be denied housing. 12. Can a state or local government enact laws that specifically limit group homes for individuals with specific types of disabilities? No. Just as it would be illegal to enact a law for the purpose of excluding or limiting group homes for individuals with disabilities, it is illegal under the Act for local land use and zoning laws to exclude or limit group homes for individuals with specific types of disabilities. For example, a government may not limit group homes for persons with mental illness to certain neighborhoods. The fact that the state or local government complies with the Act with regard to group homes for persons with some types of disabilities will not justify discrimination against individuals with another type of disability, such as mental illness. 13. Can a state or local government limit the number of individuals who reside in a group home in a residential neighborhood? Neutral laws that govern groups of unrelated persons who live together do not violate the Act so long as (1) those laws do not intentionally discriminate against persons on the basis of disability (or other protected class), (2) those laws do not have an unjustified discriminatory effect on the basis of disability (or other protected class), and (3) state and local governments 282 make reasonable accommodations when such accommodations may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling. Local zoning and land use laws that treat groups of unrelated persons with disabilities less favorably than similar groups of unrelated persons without disabilities violate the Fair Housing Act. For example, suppose a city's zoning ordinance defines a "family" to include up to a certain number of unrelated persons living together as a household unit, and gives such a group of unrelated persons the right to live in any zoning district without special permission from the city. If that ordinance also prohibits a group home having the same number of persons with disabilities in a certain district or requires it to seek a use permit, the ordinance would violate the Fair Housing Act. The ordinance violates the Act because it treats persons with disabilities less favorably than families and unrelated persons without disabilities. A local government may generally restrict the ability of groups of unrelated persons to live together without violating the Act as long as the restrictions are imposed on all such groups, including a group defined as a family. Thus, if the definition of a family includes up to a certain number of unrelated individuals, an ordinance would not, on its face, violate the Act if a group home for persons with disabilities with more than the permitted number for a family were not allowed to locate in a single -family -zoned neighborhood because any group of unrelated people without disabilities of that number would also be disallowed. A facially neutral ordinance, however, still may violate the Act if it is intentionally discriminatory (that is, enacted with discriminatory intent or applied in a discriminatory manner), or if it has an unjustified discriminatory effect on persons with disabilities. For example, an ordinance that limits the number of unrelated persons who may constitute a family may violate the Act if it is enacted for the purpose of limiting the number of persons with disabilities who may live in a group home, or if it has the unjustified discriminatory effect of excluding or limiting group homes in the jurisdiction. Governments may also violate the Act if they enforce such restrictions more strictly against group homes than against groups of the same number of unrelated persons without disabilities who live together in housing. In addition, as discussed in detail below, because the Act prohibits the denial of reasonable accommodations to rules and policies for persons with disabilities, a group home that provides housing for a number of persons with disabilities that exceeds the number allowed under the family definition has the right to seek an exception or waiver. If the criteria for a reasonable accommodation are met, the permit must be given in that instance, but the ordinance would not be invalid? 9 Laws that limit the number of occupants per unit do not violate the Act as long as they are reasonable, are applied to all occupants, and do not operate to discriminate on the basis of disability, familial status, or other characteristics protected by the Act. 10 283 14. How does the Supreme Court's ruling in Olmstead apply to the Fair Housing Act? In Olmstead v. L.C.,10 the Supreme Court ruled that the Americans with Disabilities Act (ADA) prohibits the unjustified segregation of persons with disabilities in institutional settings where necessary services could reasonably be provided in integrated, community-based settings. An integrated setting is one that enables individuals with disabilities to live and interact with individuals without disabilities to the fullest extent possible. By contrast, a segregated setting includes congregate settings populated exclusively or primarily by individuals with disabilities. Although Olmstead did not interpret the Fair Housing Act, the objectives of the Fair Housing Act and the ADA, as interpreted in Olmstead, are consistent. The Fair Housing Act ensures that persons with disabilities have an equal opportunity to choose the housing where they wish to live. The ADA and Olmstead ensure that persons with disabilities also have the option to live and receive services in the most integrated setting appropriate to their needs. The integration mandate of the ADA and Olmstead can be implemented without impairing the rights protected by the Fair Housing Act. For example, state and local governments that provide or fund housing, health care, or support services must comply with the integration mandate by providing these programs, services, and activities in the most integrated setting appropriate to the needs of individuals with disabilities. State and local governments may comply with this requirement by adopting standards for the housing, health care, or support services they provide or fund that are reasonable, individualized, and specifically tailored to enable individuals with disabilities to live and interact with individuals without disabilities to the fullest extent possible. Local governments should be aware that ordinances and policies that impose additional restrictions on housing or residential services for persons with disabilities that are not imposed on housing or residential services for persons without disabilities are likely to violate the Act. In addition, a locality would violate the Act and the integration mandate of the ADA and Olmstead if it required group homes to be concentrated in certain areas of the jurisdiction by, for example, restricting them from being located in other areas. 15. Can a state or local government impose spacing requirements on the location of group homes for persons with disabilities? A "spacing" or "dispersal" requirement generally refers to a requirement that a group home for persons with disabilities must not be located within a specific distance of another group home. Sometimes a spacing requirement is designed so it applies only to group homes and sometimes a spacing requirement is framed more generally and applies to group homes and other types of uses such as boarding houses, student housing, or even certain types of businesses. In a community where a certain number of unrelated persons are permitted by local ordinance to reside together in a home, it would violate the Act for the local ordinance to impose a spacing requirement on group homes that do not exceed that permitted number of residents because the 10 527 U.S. 581 (1999). 11 284 spacing requirement would be a condition imposed on persons with disabilities that is not imposed on persons without disabilities. In situations where a group home seeks a reasonable accommodation to exceed the number of unrelated persons who are permitted by local ordinance to reside together, the Fair Housing Act does not prevent state or local governments from taking into account concerns about the over -concentration of group homes that are located in close proximity to each other. Sometimes compliance with the integration mandate of the ADA and Olmstead requires government agencies responsible for licensing or providing housing for persons with disabilities to consider the location of other group homes when determining what housing will best meet the needs of the persons being served. Some courts, however, have found that spacing requirements violate the Fair Housing Act because they deny persons with disabilities an equal opportunity to choose where they will live. Because an across-the-board spacing requirement may discriminate against persons with disabilities in some residential areas, any standards that state or local governments adopt should evaluate the location of group homes for persons with disabilities on a case-by-case basis. Where a jurisdiction has imposed a spacing requirement on the location of group homes for persons with disabilities, courts may analyze whether the requirement violates the Act under an intent, effects, or reasonable accommodation theory. In cases alleging intentional discrimination, courts look to a number of factors, including the effect of the requirement on housing for persons with disabilities; the jurisdiction's intent behind the spacing requirement; the existence, size, and location of group homes in a given area; and whether there are methods other than a spacing requirement for accomplishing the jurisdiction's stated purpose. A spacing requirement enacted with discriminatory intent, such as for the purpose of appeasing neighbors' stereotypical fears about living near persons with disabilities, violates the Act. Further, a neutral spacing requirement that applies to all housing for groups of unrelated persons may have an unjustified discriminatory effect on persons with disabilities, thus violating the Act. Jurisdictions must also consider, in compliance with the Act, requests for reasonable accommodations to any spacing requirements. 16. Can a state or local government impose health and safety regulations on group home operators? Operators of group homes for persons with disabilities are subject to applicable state and local regulations addressing health and safety concerns unless those regulations are inconsistent with the Fair Housing Act or other federal law. Licensing and other regulatory requirements that may apply to some group homes must also be consistent with the Fair Housing Act. Such regulations must not be based on stereotypes about persons with disabilities or specific types of disabilities. State or local zoning and land use ordinances may not, consistent with the Fair Housing Act, require individuals with disabilities to receive medical, support, or other services or supervision that they do not need or want as a condition for allowing a group home to operate. 12 `: State and local governments' enforcement of neutral requirements regarding safety, licensing, and other regulatory requirements governing group homes do not violate the Fair Housing Act so long as the ordinances are enforced in a neutral manner, they do not specifically target group homes, and they do not have an unjustified discriminatory effect on persons with disabilities who wish to reside in group homes. Governments must also consider requests for reasonable accommodations to licensing and regulatory requirements and procedures, and grant them where they may be necessary to afford individuals with disabilities an equal opportunity to use and enjoy a dwelling, as required by the Act. 17. Can a state or local government address suspected criminal activity or fraud and abuse at group homes for persons with disabilities? The Fair Housing Act does not prevent state and local governments from taking nondiscriminatory action in response to criminal activity, insurance fraud, Medicaid fraud, neglect or abuse of residents, or other illegal conduct occurring at group homes, including reporting complaints to the appropriate state or federal regulatory agency. States and localities must ensure that actions to enforce criminal or other laws are not taken to target group homes and are applied equally, regardless of whether the residents of housing are persons with disabilities. For example, persons with disabilities residing in group homes are entitled to the same constitutional protections against unreasonable search and seizure as those without disabilities. 18. Does the Fair Housing Act permit a state or local government to implement strategies to integrate group homes for persons with disabilities in particular neighborhoods where they are not currently located? Yes. Some strategies a state or local government could use to further the integration of group housing for persons with disabilities, consistent with the Act, include affirmative marketing or offering incentives. For example, jurisdictions may engage in affirmative marketing or offer variances to providers of housing for persons with disabilities to locate future homes in neighborhoods where group homes for persons with disabilities are not currently located. But jurisdictions may not offer incentives for a discriminatory purpose or that have an unjustified discriminatory effect because of a protected characteristic. 13 286 19. Can a local government consider the fears or prejudices of neighbors in deciding whether a group home can be located in a particular neigliborhood? In the same way a local government would violate the law if it rejected low-income housing in a community because of neighbors' fears that such housing would be occupied by racial minorities (see Q&A 5), a local government violates the law if it blocks a group home or denies a reasonable accommodation request because of neighbors' stereotypical fears or prejudices about persons with disabilities. This is so even if the individual government decision - makers themselves do not have biases against persons with disabilities. Not all community opposition to requests by group homes is necessarily discriminatory. For example, when a group home seeks a reasonable accommodation to operate in an area and the area has limited on -street parking to serve existing residents, it is not a violation of the Fair Housing Act for neighbors and local government officials to raise concerns that the group home may create more demand for on -street parking than would a typical family and to ask the provider to respond. A valid unaddressed concern about inadequate parking facilities could justify denying the requested accommodation, if a similar dwelling that is not a group home or similarly situated use would ordinarily be denied a permit because of such parking concerns. If, however, the group home shows that the home will not create a need for more parking spaces than other dwellings or similarly -situated uses located nearby, or submits a plan to provide any needed off-street parking, then parking concerns would not support a decision to deny the home a permit. Questions and Answers on the Fair Housing Act and Reasonable Accommodation Requests to Local Zoning and Land Use Laws 20. When does a state or local government violate the Fair Housing Act by failing to grant a request for a reasonable accommodation? A state or local government violates the Fair Housing Act by failing to grant a reasonable accommodation request if (1) the persons requesting the accommodation or, in the case of a group home, persons residing in or expected to reside in the group home are persons with a disability under the Act; (2) the state or local government knows or should reasonably be expected to know of their disabilities; (3) an accommodation in the land use or zoning ordinance or other rules, policies, practices, or services of the state or locality was requested by or on behalf of persons with disabilities; (4) the requested accommodation may be necessary to afford one or more persons with a disability an equal opportunity to use and enjoy the dwelling; (5) the state or local government refused to grant, failed to act on, or unreasonably delayed the accommodation request; and (6) the state or local government cannot show that granting the accommodation would impose an undue financial and administrative burden on the local government or that it 14 287 would fundamentally alter the local government's zoning scheme. A requested accommodation may be necessary if there is an identifiable relationship between the requested accommodation and the group home residents' disability. Further information is provided in Q&A 10 above and the HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act. 21. Can a local government deny a group home's request for a reasonable accommodation without violating the Fair Housing Act? Yes, a local government may deny a group home's request for a reasonable accommodation if the request was not made by or on behalf of persons with disabilities (by, for example, the group home developer or operator) or if there is no disability -related need for the requested accommodation because there is no relationship between the requested accommodation and the disabilities of the residents or proposed residents. In addition, a group home's request for a reasonable accommodation may be denied by a local government if providing the accommodation is not reasonable—in other words, if it would impose an undue financial and administrative burden on the local government or it would fundamentally alter the local government's zoning scheme. The determination of undue financial and administrative burden must be decided on a case-by-case basis involving various factors, such as the nature and extent of the administrative burden and the cost of the requested accommodation to the local government, the financial resources of the local government, and the benefits that the accommodation would provide to the persons with disabilities who will reside in the group home. When a local government refuses an accommodation request because it would pose an undue financial and administrative burden, the local government should discuss with the requester whether there is an alternative accommodation that would effectively address the disability -related needs of the group home's residents without imposing an undue financial and administrative burden. This discussion is called an "interactive process." If an alternative accommodation would effectively meet the disability -related needs of the residents of the group home and is reasonable (that is, it would not impose an undue financial and administrative burden or fundamentally alter the local government's zoning scheme), the local government must grant the alternative accommodation. An interactive process in which the group home and the local government discuss the disability -related need for the requested accommodation and possible alternative accommodations is both required under the Act and helpful to all concerned, because it often results in an effective accommodation for the group home that does not pose an undue financial and administrative burden or fundamental alteration for the local government. 15 22. What is the procedure for requesting a reasonable accommodation? The reasonable accommodation must actually be requested by or on behalf of the individuals with disabilities who reside or are expected to reside in the group home. When the request is made, it is not necessary for the specific individuals who would be expected to live in the group home to be identified. The Act does not require that a request be made in a particular manner or at a particular time. The group home does not need to mention the Fair Housing Act or use the words "reasonable accommodation" when making a reasonable accommodation request. The group home must, however, make the request in a manner that a reasonable person would understand to be a disability -related request for an exception, change, or adjustment to a rule, policy, practice, or service. When making a request for an exception, change, or adjustment to a local land use or zoning regulation or policy, the group home should explain what type of accommodation is being requested and, if the need for the accommodation is not readily apparent or known by the local government, explain the relationship between the accommodation and the disabilities of the group home residents. A request for a reasonable accommodation can be made either orally or in writing. It is often helpful for both the group home and the local government if the reasonable accommodation request is made in writing. This will help prevent misunderstandings regarding what is being requested or whether or when the request was made. Where a local land use or zoning code contains specific procedures for seeking a departure from the general rule, courts have decided that these procedures should ordinarily be followed. If no procedure is specified, or if the procedure is unreasonably burdensome or intrusive or involves significant delays, a request for a reasonable accommodation may, nevertheless, be made in some other way, and a local government is obligated to grant it if the requested accommodation meets the criteria discussed in Q&A 20, above. Whether or not the local land use or zoning code contains a specific procedure for requesting a reasonable accommodation or other exception to a zoning regulation, if local government officials have previously made statements or otherwise indicated that an, application for a reasonable accommodation would not receive fair consideration, or if the procedure itself is discriminatory, then persons with disabilities living in a group home, and/or its operator, have the right to file a Fair Housing Act complaint in court to request an order for a reasonable accommodation to the local zoning regulations. 16 289 23. Does the Fair Housing Act require local governments to adopt formal reasonable accommodation procedures? The Act does not require a local government to adopt formal procedures for processing requests for reasonable accommodations to local land use or zoning codes. DOJ and HUD nevertheless strongly encourage local governments to adopt formal procedures for identifying and processing reasonable accommodation requests and provide training for government officials and staff as to application of the procedures. Procedures for reviewing and acting on reasonable accommodation requests will help state and local governments meet their obligations under the Act to respond to reasonable accommodation requests and implement reasonable accommodations promptly. Local governments are also encouraged to ensure that the procedures to request a reasonable accommodation or other exception to local zoning regulations are well known throughout the community by, for example, posting them at a readily accessible location and in a digital format accessible to persons with disabilities on the government's website. If a jurisdiction chooses to adopt formal procedures for reasonable accommodation requests, the procedures cannot be onerous or require information beyond what is necessary to show that the individual has a disability and that the requested accommodation is related to that disability. For example, in most cases, an individual's medical record or detailed information about the nature of a person's disability is not necessary for this inquiry. In addition, officials and staff must be aware that any procedures for requesting a reasonable accommodation must also be flexible to accommodate the needs of the individual making a request, including accepting and considering requests that are not made through the official procedure. The adoption of a reasonable accommodation procedure, however, will not cure a zoning ordinance that treats group homes differently than other residential housing with the same number of unrelated persons. 24. What if a local government fails to act promptly on a reasonable accommodation request? A local government has an obligation to provide prompt responses to reasonable accommodation requests, whether or not a formal reasonable accommodation procedure exists. A local government's undue delay in responding to a reasonable accommodation request may be deemed a failure to provide a reasonable accommodation. 25. Can a Iocal government enforce its zoning code against a group home that violates the zoning code but has not requested a reasonable accommodation? The Fair Housing Act does not prohibit a local government from enforcing its zoning code against a group home that has violated the local zoning code, as long as that code is not discriminatory or enforced in a discriminatory manner. If, however, the group home requests a 17 290 reasonable accommodation when faced with enforcement by the locality, the locality still must consider the reasonable accommodation request. A request for a reasonable accommodation may be made at any time, so at that point, the local government must consider whether there is a relationship between the disabilities of the residents of the group home and the need for the requested accommodation. If so, the locality must grant the requested accommodation unless doing so would pose a fundamental alteration to the local government's zoning scheme or an undue financial and administrative burden to the local government. Questions and Answers on Fair Housing Act Enforcement of Complaints Involving Land Use and Zoning 26. How are Fair Housing Act complaints involving state and local land use laws and practices handled by HUD and DOJ? The Act gives HUD the power to receive, investigate, and conciliate complaints of discrimination, including complaints that a state or local government has discriminated in exercising its land use and zoning powers. HUD may not issue a charge of discrimination pertaining to "the legality of any State or local zoning or other land use law or ordinance." Rather, after investigating, HUD refers matters it believes may be meritorious to DOJ, which, in its discretion, may decide to bring suit against the state or locality within 18 months after the practice at issue occurred or terminated. DOJ may also bring suit by exercising its authority to initiate litigation alleging a pattern or practice of discrimination or a denial of rights to a group of persons which raises an issue of general public importance. If HUD determines that there is no reasonable cause to believe that there may be a violation, it will close an investigation without referring the matter to DOJ. But a HUD or DOJ decision not to proceed with a land use or zoning matter does not foreclose private plaintiffs from pursuing a claim. Litigation can be an expensive, time-consuming, and uncertain process for all parties. HUD and DOJ encourage parties to land use disputes to explore reasonable alternatives to litigation, including alternative dispute resolution procedures, like mediation or conciliation of the HUD complaint. HUD attempts to conciliate all complaints under the Act that it receives, including those involving land use or zoning laws. In addition, it is DOPs policy to offer prospective state or local governments the opportunity to engage in pre -suit settlement negotiations, except in the most unusual circumstances. 18 291 27. How can I find more information? For more information on reasonable accommodations and reasonable modifications under the Fair Housing Act: • HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act, available at https://www justice.gov/crt/fair-housing-policy-statements-and-guidance-0 or http://www.hud.gov/offices/fbeo/library/huddoistatement.12d • HUD/DOJ Joint Statement on Reasonable Modifications under the Fair Housing Act, available at https://wA w.just tic.e.gov/crt/fair-housing-policy-statements-and-guidance-0 or http://www.hud.gov/offices/fheo/disabilities/reasonable modifications mar08,pdf. For more information on state and local governments' obligations under Section 504: • HUD website at http://portal.htid.gov/hudportal[MD?src=/program offices/ fair housing equal opp/disabilities/sect504. For more information on state and local governments' obligations under the ADA and Olmstead: • U.S. Department of Justice website, www.ADA.gov, or call the ADA information line at (800) 514-0301 (voice) or (800) 514-0383 (TTY). • Statement of the Department of Justice on Enforcement of the Integration Mandate of Title 11 of the Americans with Disabilities Act and Olmstead v. L. C, available at http://www.ada.gov./omstead/q&a olmstead.htm. • Statement of the Department of Housing and Urban Development on the Role of Housing in Accomplishing the Goals of Olmstead, available at htip://portal.hud. gov/hudportal/documents/huddoc?id=OlmsteadGuidnc0604l3.pdf. For more information on the requirement to affirmatively further fair housing: • Affirmatively Furthering Fair Housing, 80 Fed Reg. 42,272 (July 16, 2015) (to be codified at 24 C.F.R. pts. 5, 91, 92, 570, 574, 576, and 903). • U.S. Department of Housing and Urban Development, Version 1, Affirmatively Furthering Fair Housing Rule Guidebook (2015), available at hops://www.hudexchange.info/resources/documents/AFFH-Rule-Guidebook.pdf. • Office of Fair Housing and Equal Opportunity, U.S. Department of Housing and Urban Development, Vol. 1, Fair Housing Planning Guide (1996), available at http://www.hud. ovg^ /offices/fheo/images/fhpg.pdf. 19 292 For more information on nuisance and crime -free ordinances: Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime -Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency Services (Sept. 13, 2016), available at http://portal..hud.gov/liudportat/documents/ huddoc?id=FinalNuisance0rdGdnce.pdf. 20 "I I CITY OF PORT ST. L UCIF CITY ATTORNEY January 24, 2018 VIA U.S. MAIL The Honorable Bill Nelson 716 Hart Senate Office Building Washington, DC 20510 Dear Senator Bill Nelson: We proudly represent the people of Florida's Tre'aw and county commissioners. As yo know, the Tread people living in Indian River Coun4%tartin County, We are writingto you as a re resentak`e off: aft of the and recovery residences. P ti3...`°'��' ,s mayors, it .�vuncil members is a population4nearly 650,000 ee County, and St. Lucie County. Coast regarding the opioid crises The United States i ;e penericYng an opi i crise cl `u t%g{over`59,000 lives in 2016 alone. This crisis is partic il: rly sever. *,i p Floridd` %'A !efected7f'&V '- representatives in the Treasure ;,;, Coast, we recognize t ai this crisQk as not onl,X agic human costs but also a staggering financial cost to local governm6A- � Iti z e e, ore appr'e"' ted that the Centers for Disease Control and PreventiQ, d&* a e,d, a nat& � ou@4614demic aft 4'resident Trump directed the Department of Health"' Yrd;FTuman=Skervices tadclare theaposi crisis a public health emergency. Against t us backdrop, we appreciA khat recovery residences are a crucial part of the recovery process foMose who are disabled as a .5ult of a drug or alcohol addiction. We recognize that such residerices�provide a life; -aving service to many who are addicted to opioids. We, in the Treasure Coast 1&,Wholly supportive of recovery residences that provide these individuals the ability to integrate lO k into the4social fabric of our communities. As the opioid crises has vi, ed the need for recovery residences has understandably increased. However as recovery residences have proliferated, local governments in the Treasure Coast have been faced with new and uncharted challenges particularly with regard to implementing the Fair Housing Act alongside local zoning. This situation has not been ameliorated by the fact that not all recovery residences are run by altruistic individuals. We appreciate that the Department of Housing and Urban Development and the Department of Justice produced a new Joint Statement addressing State and Local Land Use Laws and Practices and the Application of the Fair Housing Act in 2016. However, it is inadequate in a number of areas of concern to local government. For example, while the Joint Statement makes reference 121 S.W. Port St. Lucie Boulevard • Port St. Lucie, Florida 34984-5099 • Office (772) 871-5294 • Fax: (772) 344-4298 • TDD: (772) 873-6339 294 r that the Fair Housing Act does not prevent local government from taking into account concerns about over -concentration of recovery residences, it does not provide sufficient guidance. The Joint Statement goes on to note that "[b]ecause an across-the-board spacing requirement may discriminate against persons with disabilities in some residential areas, any standards that state or local governments adopt should evaluate the location of group homes for persons with disabilities on a case-by-case basis." That places local governments in an impossible position. We would welcome the opportunity to discuss this matter with you further so that you can relay our concerns, and those of your constituents, to the Department of Housing and Urban Development and the Department of Justice in an effort to receive further clarification. Thank you, 295 March 6, 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 28, 2018 SUBJECT: Discussion and Action Request — Support for the School District of Indian River County Grant Proposals FROM: Tim Zorc Commissioner, District 3 Discussion Item: The School District of Indian River County is seeking grant funding for the "Expansion of the Technical Center for Career and Adult Education" project under the Florida Job Growth Grant Fund. Two grants are being sought through the Florida Job Growth Grant Fund: 1) Public Infrastructure Grant - This proposal will provide funding to relocate the existing Technical Center for Career and Adult Education to a different facility and to provide the addition of two classroom buildings. 2) Workforce Training Grant — This proposal will provide educational opportunities to high school students who will obtain skills necessary to earn a living wage through a local, technical program. 296 March 6, 2018 ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 28, 2018 SUBJECT: Discussion and Action Request — Access to The Florida Channel FROM: Tim Zorc Commissioner, District 3 Discussion Item In order to provide better access to Tallahassee and the State Government, I would like for Indian River County to provide a link on the County website to The Florida Channel where the public, as well as staff, can view public affairs programming related to all three branches of State Government: The Governor and Cabinet, the Legislature, including the Constitutional Committee, and the Supreme Court. 297 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 15.5.3 Office Of Solid t-laste Disposal District 03/06/2018 INDIAN RIVER COUNTY MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney� THROUGH: Vincent Burke, Director of Utilitie DATE: February 27, 2018 SUBJECT: MWI Corporation's Offer to Purchase Property ATTORNEY MWI Corporation has been leasing property from the County at 7775 9"' Street, S.W. (Oslo Road) since 2001. The County purchased the approximately 20 -acre site together with all buildings and improvements from MWI back in 2001 for future expansion of the landfill. The purchase price was $2,798,000 and was made under the threat of eminent domain. The County then entered into a 5 year lease agreement with MWI at a monthly rental rate of $3,916.67. There was no option to renew the original lease. In December, 2006 the County and MWI negotiated an amendment to the lease providing for another 5 -year term with five successive 1 -year renewal terms. The amount of rent was set at $6,000.00 per month with an annual increase or decrease in the rental rate equal to the Consumer Price Index (CPI) adjustment. In July 2011, staff met with MWI to discuss their request for a long-term lease extension. On August 16;, 2011 the Solid Waste Disposal District (SWDD) made a presentation to the Board concerning the MWI property and the District's future plans for expansion. MWI was interested in extending the current lease for a 15 -year term. At that time, the Board offered to extend the lease for five years and indicated a willingness to extend the term for a longer period should MWI come forward with a site plan application to expand their facility. Some Board members were reluctant to tie up 20 acres of property in close proximity to the landfill without definite plans to expand. A copy of the minutes from the meeting of August 16, 2011 are attached. A series of 1 -year renewals ensued for the next three years in accordance with the 2006 lease amendment. In 2014 the lease was again extended for 10 years now expiring in 2024 with the same CPI adjustment. The current monthly rental rate for Fiscal Year 2017-18 is $6,710.15. Over the life of the leases and extensions, the County has received $1,075,589.02 in rental payments from MWI. 298 MWI Offer to Purchase February 27, 2018 Page 12 Over the past three years, MWI has expressed an interest in purchasing approximately 12 acres of the 19.88 -acre site outright rather than continue to negotiate lease extensions. MWI has secured contracts locally and is planning to expand their current site and provide office space and additional pump repair facilities. MWI is understandably uninterested in making a significant capital investment in property that they do not own. The current MWI facility and its planned expansion would not require more than a 12 -acre parcel so they would have no interest in purchasing the remaining 8 acres currently under lease. The last 17 years have seen significant changes in the landfill permitting process. When the 19.88 -acre parcel was originally purchased in 2001, the master plan for the landfill called for the future use of the property at hand. The most recent 2014 master plan along with the 2016 landfill operations permit, maintains future landfill expansion south of the C-5 Canal which excludes all of the northern parcels along Oslo Road including the MWI property. Thus, the current MWI leased premises can be surplused as it is no longer needed for SWDD purposes. A survey and an appraisal of the property was obtained by MWI in order to help arrive at a purchase price. The survey shows MWI needs 12.46 acres of property (see the attachment to the purchase contract). An appraisal done by Boyle and Drake gave a value of $916,000 for the 12.46 -acre property and its improvements. An offer to purchase the property from the County dated February 6, 2018 (attached) was received and discussed with staff. While the current offer is significantly less than the 2001 purchased price paid by the County, three factors were considered in evaluating the offer from MWI. First, the offer is to buy only 12.46 of the original 19.88 -acre tract. All of the improvements — the two warehouses, office and repair structures are located on the 12.46 acres while the remaining 7.42 acres is undeveloped and unimproved. Second, the County has received $1,075,589.02 in rental payments over the past 16 years from MWI. In return, the County was not obligated to perform any maintenance on the property or repairs on the buildings. Third, MWI has plans to expand this facility due to increasing business in the area. Thus, by selling the property and returning it to the tax rolls, the County provides an economic development benefit to the community while continuing to receive tax revenue with additional employment opportunities for local citizens. Florida Statute §125.045 provides that a county may convey real estate to encourage the expansion of existing businesses. In the case at hand, staff is hopeful that a purchase price of less than the County paid for the property in 2001 will be partially made up as an economic incentive for MWI to expand the existing location. Due to the economic incentive offer by the County, public bidding is not required for sale of this property. Funding: Currently, the monthly lease revenue of $6,710.15 is deposited into SWDD/Revenue/Rentals Acct # 411034-347294. Recommendation: Staff recommends the Board approve MWI's offer to purchase the 12.46 - acre parcel with all improvements and authorize the Chairman to sign the Contract, County Deed and any other closing documents on behalf of the SWDD Board. Attachments: August 16, 2011 minutes Offer to Purchase dated February 6, 2018 Copies to: Vincent Burke Himanshu Mehta Bruce Barkett, Attorney for MWI 299 n JEFFREY K. BARTON Clerk to the Board August 16, 2011 SOLID WASTE DISPOSAL DISTRICT MEETING MINUTES The Board of Commissioners of the Solid Waste Disposal District met at the County Commission Chambers, 1801 27h Street, Vero Beach, Florida, on Tuesday, August 16, 2011. Present were Chairman Bob Solari, Vice Chairman Gary C. Wheeler, Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan. Also present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Maureen Gelfo. Chairman Solari called the meeting to order at 1:22 p.m. The Chairman asked if there were any correc ' ns or additions to the Minutes of the SWDD Meetings of June 21, and July 12, 201 . There were none. ON MOTION y Commissioner O'Bryan, SECONDED by Co sioner Davis, the Board unanimously approved the �N'� utes of the SWDD Meetings of June 21, and July August 16, 2011 3 1 BK 14 PG 277 300 F] RECYCLING CENTER ON MOTION by Commissioner Flescher, ECONDED by Commissioner. Davis, the Board animously: (1) approved the Bid Award to Stuart F ce Company as the lowest most responsive and re onsible bidder, meeting the specifications as set fort in the Invitation to Bid; (2) approved the sample a mens; and {3) authorized the Chairman to execut said agreement after receipt and approval of the the County AAorney has approved the agreement as to ;al sufficiency, as recommended in the of August 8, 2011. d certificate of insurance and after i=4 15.B.4. REQUEST TO RENEW LEASE BYMWI CORPORATION Commissioner Davis opened discussion on whether it was prudent to grant the request of MWI Corporation to renew their lease on landfill property located on Oslo Road for fifteen years. He added that the County's future was uncertain as to the status of the landfill and possible landfill expansion, and fifteen years is a long time. He noted, too, that the subject area could be a tremendous asset to economic development, and he was uncertain if this was the highest and best use for the land. F1 August 16, 2011 2 BK 141 PG 278 301 Administrator Baird elaborated on MWI's proposed expansion plans, which included constructing an additional building and hiring more staff. Discussion continued, with input from Himanshu Mehta, Managing Director, Solid Waste Disposal District, regarding MWI's future plans. Administrator Baird recommended renewing the lease for 5 years, and reevaluating if and when MWI comes forward with concrete plans. Attorney Polackwich agreed that it made no sense to approve an extension for an expansion that may not materialize. Director of Utilities Erik Olson addressed Commissioner O'Bryan's query on what happens at the conclusion of the fifteen -year lease period if MWI is granted their request. Chairman Solari suggesting authorizing a 5 -year lease with the flexibility.for amendment should circumstances dictate. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Davis, the Board unanimously authorized staff to authorize a 5 -year extension of the lease with MWI Corporation, with the flexibility to do something else should the applicant present more concrete plans for expansion. August 16, 2011 3 B1{ 141 PG 279 302 M1, . FloridaRealtors i• 1. PARTIES AND PROPERTY: AW Corporatron, a Florida comoration ("Buyee) r agrees to buy and Indian River County, Randa, a poliftcaf subdivision of the State of Florida, ("Seller") r agrees to sett the property as: Street Address: _ XkYX 9th Sbeetr S. W.; Vero Beach, Ronda, Florida 4• s Legal Description• see attached Exhibit R" forlegal description, V r and the following Personal Property:. a• a (all collectively referred to as the "Property) on the terns and conditions set forth below. ro• 2. PURCHASE PRICE; $ 91s 000ao rr• (a) Deposit !raid in escrow by Coglns Brown, Bafkett, Garavaolie & Le mChartered $ 20.000.00 12 ("EscrowAgenr) teheawaroaralectmac4elendarsatwaectton> rs• Escrow Agent's address: Phone: 772/131-4343 ra• (b) Additional deposit to be made to Escrow Agent within _ days after. Effective Date $ es• (c) Additional deposit to be made to Escrow Agent within _ days after Effective Date $ ,s• (d) Total financing (see Paragraph 5) $ 17• (e) Other ra (t) All deposits wits be credited to the purchase price at closing. Balance to close, subject ra• 20 to adjustments and proration, lobe paid with locally drawn cashier's or official bark $ 8916.000.00 chack(s) or wire transfer.[ #pj Z� t fco 21 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seller A";l 2r and Buyer and an executed copy delivered to all parties on or before l arb'Z0.'2tTt6+ this offer will be 23 withdrawn and the Buyer's deposit if any, will be returned. The time for acceptance of any counter offer*Pbe 3 24 days from the date the counter offer Is dellvored, The "Effective Date" of this Contract Is the date on which the 2s last one of the Seiler and Buyer has signed or initialed and delivered this offer or the final counter offer. 20 Calendar days wilt be used when computing time periods, except time periods of 5 days or less. Time periods of 5 27 days or less will be computed without including Saturday, Sunday, or national legal holidays. Any time period ending 20 on a Saturday, Sunday, or national legal holiday will extend unfit 5:00 p.m. of the next business day. Time is of the 29 essence to this Contract. 3o 4. CLOSING DATE AND LOCATION*f �zQ { 3t• (a) Closing Date: This transaction will be dosed on Ma •20122 (Closing Date), unless specifically 32 extended by other provisions of this Contract. The Closing Date will prevail over all other time periods including, but 33 not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended on Closing 34 Date and Buyer Is unable to obtain property insurance, Buyer may postpone closing up to 5 days after the 35 insurance underwriting suspension is ftfted. as- Buyer (_} L_J and Sailer L—j L,,,,, j ackrMwedge receipt of a copy of this page, which is Page i of 8 Pages, CC -4 Rev. 17!10 '62010 FWW18 AW0d8118n of RFALTQRs° Ali Rights Ravened Ueeneed m Alta Sar Sofluare and IQ a133a1S11a6CG23.120.322 Software and added formatting ® 2018 Alta Star Software, all rights reserved. • www.altastar.com , (877) 2798898 C'M 37' (b) Location: Closing will take place In Indian Ricer County Florida. (it left blank, closing ss will take place In the county where the property is located.) Closing may be conducted by mail or electronic means. as S. THiRD PARTY FINANCING: 4o• BUYER'S OBLIGATION: Wthin days (6 days If left blank) after Effective Date, Buyer will apply for third party 41 • financing in an amount not to exceed % of the purchase price or $ with a fixed interest rete 42• not to exceed ____1a per year with an initial variable interest rate not to exceed %. with points or commitment 43- or loan fees not to exceed _ % of the principal amount, for a term of years, and amortized over 44 years, with additional terms as follows: 4s• 46 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any 47• tender. Buyer will use good faith and reasonable diligence to (f) obtain Loan Approval within _ days (45 days if 4e left blank) from Effective Date (Loan Approval Date), (ll) satisfy terms and conditions of the Loan Approval, and 49 (fit? close the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the so mortgage broker and tender to disclose all such Information to Seller and Broker. Buyer will notify Seiler immediately 61 upon obtaining financing or being rejected by a fender. CANCELLATION: If Buyer, after using good faith and s2• reasonable diligence, falls to obtain Loan Approval by Loan Approval Date, Buyer may wfihln _ days (3 days If left m blank) deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. s4 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time ss thereafter. Unless this financing contingency has been waived, this Contract shall remain subject to the as satisfaction, by closing, of those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes sr of Paragraph 5 only): if Buyer has used good faith and reasonable diligence but does not obtain Loan sa Approval by Loan Approval Date and thereafter either party elects to cancel this Contract as set forth above or the so tender fats or refuses to dose on or before the Closing Date without fault on Buyer's pan, the Deposits) shall be ad returned to Buyer, whereupon both parties will be released from all further obligations under this Contract, except for in obligations shed herein as surviving the termination of this ContmcL If neither party elects to terminate this Contract 62 as set forth above or Buyer fails to use good faith or reasonable diligence as set forth above, seller will be entitled to aa retain the Depceit(s) if the transaction does not close. e4• S. TITLE: Seller has the legal capacity to and will convey marketable title to the Property byQ statutory warranty as- deed % other County Deed free of liens, easements and encumbrances of record or as known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility sr easements of record; existing zoning and governmental regulations; and (list any other matters to which title will be ea' subject) To provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Ti. Property as xxxx 9th Sheer SW' Vero Beach FL _ 72 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agerd 1. and pay for the title search and closing services. Seller will, at (check one) Cil Setter's X Buyer's expense and 74• within f5 days❑ after Effective Date or at least „_„days before Closing Date deliver to Buyer (check one) Ts X(L) a tttle insurance commitment by a Florida licensed title insurer sew ng forth those matters to be Te discharged by Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount n of the purchase price for fee simple title subject only to exceptions stated above. If Buyer is paying for the To evidence of title and Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after To Effective Date. sa• 13 (it.) an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 81 existing fine. However, If such an abstract is not available to Seiler, then a prior owner's title policy acceptable e2 to the proposed insurer as a base for reissuance of coverage may be used. The prior policy will Include Copies 01 of all policy exceptions and an update in a format acceptable to Buyer from the policy effective date and e4 certified to Buyer or Buyer's closing agent together with copies of all documents recited in the prior policy and as In the update. If such an abstract or prior policy is not available to Seller then (I.) above will be the evidence of W title. aT (b) Title Examination; Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller ae of title defects. Tide will be deemed acceptable to Buyer if (1) Buyer falls to deliver proper notice of defects or as* Soyer L__} (_y and Seiner L—J r ) acknowledge receipt of a copy of this page, which is Page 2 of 8 Pages. CCA Rev.1271 a 02010 clench Assodaibn of REALTORS° AB Rights Reserved Licensed to Me Star Saftem sod 10: 0.1330151166.002SAM22 Software and added formatting ® 2018 Alta Star Software, all rights reserved. • www.aitastar.com • (877) 279.8898 M so. (2) Buyer delivers proper written notice and Seiler cures the defects within ,,,,_,. days from receipt of the notice of (°Curative Period7. If the defects are cured within the Curative Period, closing will occur within 10 days from receipt 02 by Buyer of notice Of such curing. Seiler may elect not to cure defects if Seller reasonably believes any defect as cannot be cured within the Curative Period. if the defects are not cured within the Curative Period, Buyer will have 94 10 days from receipt of notice of Seller's Inability to cure the defects to elect whether to terminate this Contract or es accept title subject to existing defects and close the transaction without reduction In purchase price. tie (c) Survey: (check applicable provisions below) 07• 13 Q.)Seller will, within _ days from Effective Date, deliver to Buyer copies of prior surveys, plans, as specifications, and engineering documents, if any, and the following documents relevant to this transaction: as• 100 prepared for Seller or in Seller's possession, which show all currently existing structures. in le event this tot transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the sot date this Contract is terminated. 1W JS( Buyer will, at ❑ Seller'sM Buyer's expense and within the time period allowed to deliver and examine title 104 evidence, obtain a current certified survey of the Property from a registered surveyor. If the surveyseveals las• encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will 10s• accept the Property with existing encroachments ❑ such encroachments will constitute a title defect to be 101 cured within the Curative Period. 100 (d) ingress and Egress: Seller warrents that the Property presently has ingress and egress. toe 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed In its present "as is° tie condlgon, ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. 11t Seiler makes no warranties other than marketability of title. In the event that the condition of the Property has to materially changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and its receive a refund of any and all deposits paid, plus Interest, it applicable By accepting the Property "as Is , Buyer 114 waives all claims against Seller for any defects in the Property. (Check (a) or (b)) Its• IX (a) As Is: Buyer has Inspected the property or waives any right to Inspect and accepts the Property in its 'as is" tie condition. t1T ❑ (b) Due Diligence Period: Buyer will, at Buyer's expense and within _,,,,,, days from Effective bate ("Due tie Diligence Period"), determine whether the Property is suitable, in Buyers sole and absolute discretion, for Buyer's 119 intended use and development of the Property as specified in Paragraph 6, During the Due Diligence Period, In Buyer may conduct any tests, analyses, surveys and Investigations (inspection") which Buyer deems necessary 121 to determine to BuyeWS satisfaction the Property's engineering, architectural, environmental properties; zoning and 122 zoning restrictions; flood zone designations and restrictions; subdivision regulations; soil and grade: availability of 123 access to public roads, water, and other utilities; consistency with local, state and regional growth management and 124 c nprehansive land use plans; availability of permits, government approvals and licenses; compliance with ,26 American with Disabilities Act: absence of asbestos, soil and ground water contamination; and other Inspections 129 that Buyer deems appropriate to determine the suitability of the Property for Buyer's Intended use and 127 development. Buyer will deriver written notice to Seiler prior to the expiration of the Due Diligence Period of t2a Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice itis requirement will constitute acceptance of the Property In its present "as is" condition. Seller grants to Buyer, its Iso agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence Period for the sat purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the tae Property and conduct Inspections at their awn risk Buyer will Indemnify and hold Seller harmless from losses, 133 damages, casts, claims and expenses of any nature, including attorneys' fees at all levels, and from liability to any 18c parson, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer will not engage las In any activity that could result In a mechanic's lion being flied against the Property without Settees prior written 136 consent In the event this transaction does not close, (1) Buyer will repair all damages to the Property resulting tar from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and /se (2) Buyer will, at Buysrr expense release to Seller all reports and other work generated as a result of the sae Inspections. Should Buyer deliver timely notice that the Property Is not acceptable, Seller agrees that Buyees n4s deposit will be Immediately returned to Buyer and the Contract terminated. 141 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the 142• euyer (.-- j L --J and senor t_} t..._) acknowledge receipt of a copy of this page, which b Page 3 of 8 Pages. 00.4 Rev.12J10 02010 Mertes AssWaaDn of REALTORS" A9 Rights Resenve4 uearued to Aha StarOciro re eM ID: G/3a616tt66.=S,t2ea22 Software and added formatting 02016 Alta Star Software, all rights reserved. - www.21ta9tr.com + (877) 278.8898 031 143 parties, conduct a final `walk-through° Inspection of the Property to determine oompliance wlth this paragraph and 144 to ensure that all Property Is on the premises. las S. OPERATiON OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any lea business conducted on the Property in the manner.operated prior to Contract and will take no action that would lar adversely Impact the Property, tenants, lenders or business, if any. Any changes, such as ranting vacant space, that tae• materially affect the Property or Buyers intended use of the Property will be permitted 0 only with Buyses consent ta>r Q without Buyses oonsertt 1Se 8. CLOSING PROCEDURE Unless otherwise agreed or stated herein, closing procedure shall be In accordance with 151 the norms where the Property'€s located. IN (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at 153 closing. Seller will provide keys, remote controls, and any seauitylacc ess codes necassary to operate all locks, 134 mailboxes, and security systems. +6s (b) Costs. Buyer will pay Buyer's attomeys' fees, taxes and recording fees on notes, mortgages and financing sse statements and recording fees for the deed. Seller will pay Settees attorneys' fees, taxes on the dead and Iso recording fees for documents needed to cure title defects. If Seiler is obligated to discharge any encumbrance at or ISO prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. Ise (c) Documents: Seger will provide the deed; bill of sale; meehanids lien affidevit; originals of those assignable 163 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each rot service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of Its fee contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer, 163 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium ret documents, if applicable; assignments of leases, updated rent roil; tenant and lender astoppeis letters; tenant ISS subordination, nondisturbance and attainment agreements (SNDAs) required by the Buyer or Buyer's lender; les assignments of permits and licenses; corrective instruments; and Wars notifying tenants of the change in lei ownershiplrantal agent. If any tenant refuses to execute an estopp6ls latter, Seller will certify that Information ISO regarding the tenanrs lease is correct ff Seller Is an entity, Seiler "It deliver a resolution of its Board of Directors 1e6 authorizing the sale and delivery of the deed and certification by the appropriate party certifying the resolution and Ira setting forth facts showing the conveyance conforms to the requirements of local taw. Seller will transfer security 171 deposits to Buyer. Buyer will provide the closing statement, mortgages and notes, security agreements, and rr2 financing statements. Ira (d) Taxes and Proration: Real estate taxes, personal property takes on any tangible personal property, bond tri payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance f78 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the ore amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due M allowance being made for improvements and exampt'tons. Any tax proration based on an estimate will, at request ire of either party, be readjusted upon receipt of current year's tax bill; this provision will survive dosing. i7a (e) Special Assessment Lien: Certified, confirmed, and ratified special assessment liens as of the Closing Date Ise will be paid by Seller, if a certified, confirmed, and ratified special assessment Is payable In installments, Seller will lel pay at Installments due and payable on or before the Closing Dale, with any Installment for any period extending ret beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 1ss Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 164 Date, unless an improvement Is substantially completed as of Closing Data. If an improvement Is substantially refi completed as of the Closing Date but has not resulted in a Ilan before closing, Seller will pay the amount of the last rae estimate of the assessment. This subsection applies to special assessment Rens Imposed by a public body and M does not apply to condominium association special assessments. lee M Foreign Investment in Real Property Tax Act (FIRPTA): if Seller is a "foreign person' as defined by FIRPTA, las Seller and Buyer agree to comply with Section 1445 of the internal Revenue Code. Sager and Buyer will tae complete, execute. and delver as directed any instrument, affidavit, or statement reasonably necessary to comply 101 with the FIRPTA requirements,, Including delivery of their respective federal taxpayer identification numbers or 192• Buyer (._t (_,_,,,,1 and Seiler (_ "acknowledge recetpt of a copy of this page, which is Page a of 9 pages. GG -4 Rev, 12110 02010 FWAa Assodattan of REALTORSe Ar RWM. Ras Md Licensed to A89 Star Software and 10: ib133518116&cG2S.12032E Software and added fon fatting ® 2018 Atha Star Software, all rights reserved. • www,aTbstar com • (877) 279.8898 183 Social Security Numbers to the closing agent. if Buyer does not pay sufficient cash at closing to meet the 194 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the ios requirement les 10. ESCROW AGENT: Sailer and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to ie7 receive, deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance toe with the terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of iso escrowed items to Seiler or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross 2aa negligence. if Agent has doubt as to Agent's duties or obligations under this Contract, Agent may, at Aganrs option, 2oi (a) hold the escrowed hams until the parties mutually agree to Its disbursement or unfit a court of oompetent 2oz jurisdiction or arbitrator determines the rights of the parties or (b) deposit the escrowed items with the clerk of Zai the court having jurisdiction over the matter and file an action in Interpleader. Upon notifying the parties of such action, 2o4 Agent will be released from all liability except for the duty to account for hams previously dellvared out of escrow. if las Agent is a licensed real estate broker, Agent will comply with Chapter 475, Florida Statutes. in any suit in which Agent los interpleads the escrowed hams or is made a party because of acting as Agent hereunder, Agent will recover 2o7 reasonable attorneys fees and costs incurred, with these amounts to be paid from and out of the escrowed items and zea charged and awarded as court costs in favor of the prevailing party. Zoe 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged zio default If a party faits to comply with any provision of this Contract, the other party will deliver written notice to the non - 21 VCarnplying party specifying the non-compliance. The non-comptying party will have days (5 days If teff blank) after 212 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 218 12, RETURN OF DEPOSM Unless otherwise specified In the Contract, In the event any condition of this Contract is 214 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit tis will be returned in accordance with applicable Florida Laws and regulations. 216 13, DEFAULT: 217 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make 218 the this marketable after diligent Wort Buyer may either (1) receive a refund of Buyer's deposk(s) or (2) seek 218 specific performance, If Buyer elects a deposit refund, Seller will be riable to Broker for the full amount of the 220 brokerage fee. 221 (b) In the event the sale is not dosed due to any default or failure on the part of Buyer, Seller may either (1) retain 222 all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 223 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek 2z4 specific performance. If Seller retains the deposit, Seller will pay the Brokers named in Paragraph 20 Witty percent 22s of all forreiied deposits retained by Seiler (to be split equally among the Brokers) up to the full amount of the 228 brokerage fee. if Buyer fails to timely place a deposit as required by this Contract, Seller may either (1) terminate 227 the Contract and seek the remedy outlined In this subparagraph or (2) proceed with the Contract wifhout waiving 2za any remedy for Buyer's default 2x8 14 ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 2so prevailing party, which for purposes of this provision will Include Buyer, Seller and Broker, will be awarded reasonable 231 attomeys' fees, costs, and expenses. 232 15. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or 23s electronic means. Parties age to send all notices to addresses specified on the signature page(s). Any notice, zee document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker) 215 representing a party will be as effective as if given by or delivered to that party, 23a 1& DISCLOSURES: 237 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales =a Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of commercial 230 real estate for any commission earned by the broker under a brokerage agreement. The filen upon the owner's net 24V Buyer L—_) t_j and Sailer ( } (} acMowiadge €ecefpt of a tippy of this page, which is Page S or 8 pages. CGI Rm,12€10 82010 F1adda AEaed;d)w f REAL70Rea All Rlghis Reserved U=Med W Asa Star 9onwara and 0.0.1336101166.CM12a322 Software and added formatting 0 2018 Alis Star Software, all rights reserved. - www ahastar,com - (877) 2788898 �307 241 proceeds is a lien upon personal property which attaches to the owners net proceeds and does not attach to any 242 interest in real property. This lien right cannot be waived before the commission is earned. 243 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special M assessment liens) imposed by a public body. (A public body includes a Community Development District) Such 24s liens, if any, shall be paid as set forth in Paragraph 9(e). 248 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 247 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that las exceed federal and state guidelines have been found in buildings In Florida. Additional Information regarding radon 249 and radon testing may be obtained from your county public health unit zso (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by las Section 553.996, Florida Statutes, 252 17. RISK OF LOSS: 253 (a) if, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seiler will bear 254 the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to Buyer. 2s5 Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and Seiler 238 will credit the deductible, if any and transfer to Buyer at closing any Insurance proceeds, or Seller's claim to any am insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any such ass proceeds. Seller shall not softie any Insurance claim for damage caused by casualty without the consent of the zsa Buyer. 230 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the 231 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 262 Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of x03 purchasing what is left of the Property at the agreed upon purchase price and Seiler will transfer to the Buyer at Zea closing the proceeds of any award, or Seder's claim to any award payable for the taking, Seiler will cooperate with us and assist Buyer in collecting any such award. 2es•18. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and othetwisoO is 2e7` not assignable ❑ Is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment 2se agreement to the Seller at least 5 days prior to Closing. The terms "Buyer," "Seller" and'Broker' may be singular or 29e plural. This Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns 2To (if assignment is permitted). 271 19. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seiler. z72 Modifications of this Contract will not be binding unless In writing, signed and delivered by the party to be bound. res Signatures, initials, documents referenced in this Contract counterparts and written modifications communicated 274 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 27s typewritten terms inserted in or attached to this Contract prevail over preprinted terms. if any provision of this Contract 27e is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be 27T construed under Florida law and will not be recorded In any public records. z7a 20. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, 27a a licensed real estate Broker other than: red- (a) Seller's Broker: NONE 261 (Company Name) 282• tliWnsea) 263 (Address, Telephone. pox, E•me6) 204• who 11 is a single agent 13 is a transaction brokerO has no brokerage relationship and who will be compensated zea• by Q Seller Buyer 13 both parties pursuant to 0 a listing agreement ❑ other (speclfy),- 206• 2w, Buyer t_) (_—) and saner t`) L --_j acknowledge receipt of a copy of this page, which Is Page S or $ Pages. CC -4 Rw.i2H0 02010 Fiorlde Asscciallon or REALTORS* A9Rlphts Reserved Licaused to Alta Star Software and IO: 6.13361511e6.CG2S,120322 Software and added formatting 02010 Alta Star Softwaro, all rights reserved. • www.altasbr.com - (8771278-8898 tae• (b) Buyer's Broker. NONE. sae (Company Nnme) (L caneae) 2so• 241 t dress, eleph", Fat, E+naJ) ser who r,7 is a single agent 0 is a transaction brokerO has no brokerage relationship and who will be compensated m- by❑ Seller's BrokerO SeiterO Buyer© both.partiesputsuarlttoD anMLSofferial'compensatkinO other(specify) 2W zea (collactively referred to as "Broker") In connection with any act relating to the Property, Including but not limited to gee Inquiries, Introductions, consultations, and negotiations resulting in this transaction. Setter and Buyer agree to tax indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 2es reasonable attorneys' fees at all levels, and from Itabli)ty to any person, arising from (1) compensation claimed which Is sea inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to sea Paragraph 10, (3) any duty accepted by Broker at the request of Seiler or Buyer, which is beyond the scope of ani services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendatlons of or services provided and ace expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Setter or Buyer, = 21. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to so4 this Contract); $es• ❑ Arbitration 13 Seller Warranty d Existing Mortgage Sae• IO Section 1031 Exchange ❑ Coastal Construction Control Line 0 Buyer's Attorney Approval 307* 0 Property Inspection and Repair 0 Flood Area Hazard Zone O Seller's Attorney Approval aoe• C1 Seller Representations 0 Seller Financing 0 Other gas 22. ADDITIONAL TERMS: 310• 311` air 313• 314- 313, 316• 317• 313' $16` M. 321 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 322 ADVICE OF AN ATTORNEY PRIOR TO SIGNING, BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 223 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 324 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE ms EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR sza REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER 327 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 32s REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER 32e REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF 336 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS 331 AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE 332 AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 333• Buyer L—) (_j and Seller (_j { 1 acknowledge receipt of s copy orthis page, which Is Page 7 of 8 Pages. CC -4 Rev.12110 4=10 Fonda Assetlation ar RMTCRSe Ae RNITta Reserved Licensed to Aha Star Software and IIX 00.1336151166.0628.120322 Software and added formatting 0 2018 Aka Star Software, all rights reserved. • www.altutar.com • (877) 279.8898 X309 ass Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other ass party that such signatory has full power and authority to enter into and perform this Contract in accordance with its a3e terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 337 to do so. 33e•�reBon, _ ,q�d�. orpoet/an 0 or� � L X-�^---�.� _.. Date: ! 1 339 (SI na ure of Bu 640' �ANAr T, El.,LTax tDNo: _ 9G!37S-2 341 (Typed or Printed Name of Buyer) 342•Tifle' Q G g % -,i � C—:N I Telephone: 7 L/24 343' a41 (Signature of Buyer) 345' eras (Typed or Printed Name of Buyer) oar Title: 34a -Buyer's Address for purpose of notice: 349• Facsimile: rndlan River County, FlwW a pelhloasubmwslon of rhe Sierra of FraAds, 350• set (Signature of Seller) 332• ass (Typed or Printed Name of Seller) 35v Title: ass• 35a (Signature of Seller) - 357• sea (Typed or Printed Name of Seller) iso -Title: sa9•Seller's Address for purpose of notice: 3ai-Facsimile. Date: Tax ID No: Telephone: Email: Date: Tax ID Telephone: -..- Date: Tax ID No: _ Telephone: Email: The Florida Aasactation of REALTCRe makes no representation as to me least valkaly or adequacy of any pro*lon of Ikb rend in any specific henandlon. This slandandized form should not be used in complex ba eladllons Or Will WMA110 Merl or eddi9ena. TMs form Is avallab% bndu for by the entire rent estate Istry and is not intended to Identify the user u a REALTOR*. REALTORe Is a registered ou9aM4ve membership mark which may be used only by real estate licensees wm* acv Members e1 the NATIONAL ASSOCIATION OF REALTORS' and who subsatbo to Ra Code of Ethics. Ther oopydght IBM of me United States (17 U.S. Code) forbid the unuulhadzod reprodwifon of ads farts by May means indudlng faesint9e acamputertzed fanner. Sax• Buyer (,_, (___)and Seiler L__j " acknowledge receipt of a copy of this page, which Is Pap,a of 8 Pages. =4 Rev.12J10 07010 Fbdda Association of REALTORS" AORIpMs Reserved IJcanved to Atte Star Software and 10:0-13391511a9.CG2S.120322 Software and added forrnatting 02018 Arta Silly alr3dghte reserved. • wwwaHastereom • (877) 279.8898 m DESr<RIPTION: THEWEST 1A2 OF THE WEST 1P2 OF TRACT 2 AND THETHE NORTH $40 FEET OF THE WEST 12 OF THE VVEST 112 OF TRACT 7, SECTION 26, TOYMSHIP 33 SOUTH, RANGE 30 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN THE OFFICE OF THE CLERK OF CIRCUIT COURT IN PLAT 2, AT PAGE 26. OF THE PUBUC RECOROS OF ST, "LUCIE COUNTY, FLORIDA: SAID LANDS NOW.LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA h'HE ABOVE DESCRIBED PARCEL CONTAINING 542.694 S.F. OR 1248 ACRES MORE OR LESS. i SURVEYOR'S GENERAL NOTES AND REPORT: 1, UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TH13 DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL. PURPOSES ONLY AND IS NOT VAUD, 2. SURVEY FIELD WORK WAS NOT PERFORMED TO DELINEATE THE BOUNDARY OF THE SUBJECT PARCEL OF THIS SKETCH AND DESCRIPTION, 3. BEARINGS SHOWN HEREON ARE BASED UPON THE BOUNDARY AND TOPOGRAPHIC SURVEY PERFORMED BY CARTER ASSOCIATES, INC., DATED MAY 20TH, 2014. PROJECT NO. 14-M E, DRAWING NO. IWTO.C. THE NORTH AMERICAN DATUM OF 1083, ADJUSTMENT OF 2011. AND ARE PROJECTED IN THE FLORIDA STATE PUKE COORDINATE SYSTEM, FLORIDA EAST ZONE {901} AND ARE REFERENCED TO THE ESTABLISHED AND MONUMENTED LINE AS SHOWN ON SAID SURVEY AS THE BEARING BASIS 4. THIS SKETCH AND DESCRIPTION DOES NOT INTEND TO IMPLY OR DETERMINE OWNERSHIP OR DELINEATE LOCAL AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL DETERMINATION. 5. THIS SKETCH AND DESCRIPTION HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT AND USE OF THE PERSONS AND/OR ENTITIES NAMED HERON FOR THE PURPOSES IDENTIFIED HEREON ONLY. UNLESS OTHERUIOSE STATED, CERTIFICATION OF THIS SURVEY MAP APPLIES ONLY TO THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER SAT FLORIDA ADMINISTRATIVE OODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THE CERTIFICATION IN NO WAY CONSTITUTES NEITHER GUARANTY NOR WARRANTY TO ANY OTHER INFORMATION NOT SHOWN HEREON. ADDITIONS, DELETIONS OR REVISIONS TO THIS DRAWING BY OTHERS ARE NOT PERI,IITTEO AND THIS SURVEY MAY NOT BE TRANSFERRED VM14 UT THE l ED WRITTEN PERMISSION OF THE SIGNING SURVEYOR, THIS SKETCH AND DESCRIPTION IS NOT VALID FOR ANY OTHER PURPOSE OTHER THAN INTENDED BY THE SIGNING SURVEYOR. 6. THE LEGAL DESCRIPTION WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER AS DIRECTED BY THE CLIENT 7. THIS MAP IS NOT A BOUNDARY SURVEY. THIS SKETCH AND DESCRIPTION CONSISTS OF 2 SHEETS AND SHALL NOT BE CONSIDERED COMPLETE AND OR VALID UNLESS ALL SHEETS ARE PRESENT. CERTIFIED TT3: MWIOOR RATION - INDIAN RIVER COUNTY LEGEND LR.F.W.C.O. WWIN RIVER FARMS WATER 001MOL DISIMT ROW R04T OF WAY ORB OFFIOAL REODRTI 00MC PG PAGE I.R.C.,FL INDIAN RIVER COUNTY, i'LOMDA THIS SKETCH IS NOT A BOUNDARY SURVEY DAVID E. WSTHJI; PSM 6728— TE 'BIGAIA RA ' :' .• CARTER ASSOCIATES, INC. LS 206 - r :.. '�,s..'•. 1708 2181 STREET, VERO BEACH, FLORIDA'�88Q :.,...s" . iasp P—a"—CAItMASSOCTAI S, INC. mau. `•,i4s SKETCH OF DIESCI21PTION itSHEET INSULTING &YQNIM AND LAND SURPSYORS WA"W l sM A PORTION OF TRACT'S 287 "�" Wf � SECTION 28, TOWNSHIP 33 SOUTH, RANGE 36 EAST 1708 21st STREET. VERO BEACH, FL 32980 nnlat :o tL ff� INDIAN RIVER COUNTY. FLORIDA .L•M2)604181 FAX:MS64.71BO RF.t •"m Palm : 11 MW CORPORATION r LEGEND W.W.QD. WIAN RIM FARMS WATER CONTROL DISTRICT ROW MIT OF WAY ORD OFFICIAL F=D SOIX PG PACE OSLO ROAD 9th STREET SW I.M,FL =IAN RPra COUNTY, FLORIDA NORTH_ 87' 57' N Grote w .029,.55' (SEARING BASIS 664.78' F 30' RIGHT-OF-WAY RESERVED M PLAT O;SM—4 GINAL ACCESS INDIAN RIM FARMS COMPANY SUMMSION'WT F ROAD EASEMENT I W%MD. SUB-LAIMM 0-4 (O.R.S. 823, PG. WEST LINE OF TRACT 2-\ EAST LINE Of TRACT 3 z. TRAZ a (NOT INCLUDED) TRACT. 2 (NOT WWOED) (Nor Imcw0m) Imw UTILfly EASEMENT PER PREVIOUS SITE PLAN BY CARTER ASSOMTM INC. PROJECT 0 E-447--97 F.B. 364, PO, 73+. WED 1-417, REMSED 10/24/80 NO RECOROW INFORMAITON FU _j W41 SOUTH LINE OF TRACT 2 Ai NORTH LINVOF TRACT 7 TRACT 2 - 442817 SO Fr. 7 ACRES 7 - 90.776 SO Fr. 229 ACRES NORTH Imm V� TRAM 17 ^I I (NOT INCLUDED) (NOT INCLUDED) 0, J25 2w go b TRACT 6 om or (NOT INCLUDED) Tr WEST 142,OF VEST LINE OF TRACT7 TRA EAST LINE OF TRACT 6 60' RIGHT-OF-WAY RESERVED PER PLAT OF INDIAN RIVER FARMS C"ANY SUODWISION FOR ROAD *KELLY ROAD - - 13th STREET SW AND I.R.FW.C,- C-6 CANAL 30. R-0- SUR W (KELLY ROAD - 13th STREET THIS SKETCH IS NOT A BOUNDARY SURVEY ii'A CA"ER ASSOCUM, INC SKETCH OF ID11:61CRIPTION anccl APORTiONCIFTRACTS 2&7 IMMG WOO= AND UM =W010%oaSECTION 23, TOWNSHIP 33 SOUTH. RANGE 58 EAST 1708 21st STREET, VERO BEACH, FL 32960 INDIAN RNER COUNTY, R.ORIDA fA4 ("2) S12-" smsm: I OM CORPORATION INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: February 23, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services 15. 8 LI Departmental Item Thru: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Stephanie C. Fonvielle, Recycling Education and Marketing Coordinator, SWDD Subject: Request Approval to Participate in the FDEP Waste Tire Amnesty Day Program BACKGROUND: Recent cases of diseases in Florida, such as Zika Virus, West Nile Virus, and Eastern Equine Encephalitis, have raised concerns for the health and safety of residents in the state of Florida. These diseases can be transferred to humans by certain mosquito species that are known to breed in standing water found in waste tires. In an effort to minimize these mosquito populations and remove waste tires from residential properties, the Florida Department of Environmental Protection (FDEP) is encouraging Florida counties to host'a one -day waste tire amnesty event where local residents can dispose of tires at no cost. FDEP has requested that Indian River County participate in the tire amnesty program and has offered to reimburse the county up to $25,000 for the transportation and disposal costs of the collected tires. Indian River County would be responsible for organizing the event date and location, providing the manpower to police the event, advertising the event, and submitting weigh tickets and invoices for reimbursement. EVENT DETAILS: The Residential Waste Tire Amnesty Day event in Indian River County would be scheduled for Saturday, April 28, 2018, from 9 am to 3 pm. The five customer convenience centers (CCC) and the main county landfill would serve as drop-off locations as the sites are open on weekends, fully manned, and waste tire collection containers are already in place. On July 12, 2016, the tire limit at the CCCs and the main landfill were raised from fourtires to six tires. During the amnesty day, the CCCs and main landfill will accept up to 10 tires per vehicle with proof of residency. Two attendants from Republic Services will be at each CCC so one attendant can be stationed at the tire collection to check ids and inspect the load to ensure that there are no heavy equipment tires or agricultural tires. @BCL@900DD019.docxRequest Approval to Participate in the FDEP Waste Tire Amnesty Day Program 313 Page — 1 — All waste tires collected during the amnesty day would be transported back to the main county landfill through the SWDD contract with Republic Services. Waste tires stored at the landfill are transported and disposed of through a contract with Wheelabrator Technologies, who process waste tires into clean energy. The tires collected on the amnesty day would be kept separate from the regulartires and transported to Wheelabrator for disposal. SWDD would submit weigh tickets as well as any invoices from Wheelabrator to be reimbursed by FDEP through My Florida Market Place (MFMP). ADVERTISING: SWDD would promote the event through our standard advertising campaigns using local radio and print advertisements. In addition, we will reach out to Indian River Mosquito Control District, the Indian River County Sheriffs office, Code Enforcement, and the Florida Department of Health to help us distribute flyers to the residents in Indian River County. These entities are out in the community and would be familiar with areas that may have undesirable waste tire piles. FUNDING: The standard advertising campaign for a recycling collection event involves placing print ads in local newspapers and airing a 30 -second radio advertisement on various radio stations. Advertising funding is available in the SWDD account under Advertising/Except Legal. Description Account Number Amount Advertising/Except Legal 41125534-034810 $7,000 RECOMMENDATION: Staff recommends that the Solid Waste Disposal District Board authorize the participation in the Florida Department of Environmental Protection Tire Amnesty Day Event by raising the tire limit to 10 tires at the main county landfill and the five customer convenience center for a one -day event on Saturday, April 28, 2018, from 9 am to 3 pm. Attachments 1. IRC Scope of Work for Tire Amnesty Day 2. IRC Tire Amnesty Day Flyer @BCL@900DD019.docxRequest Approval to Participate in the FDEP Waste Tire Amnesty Day Program 314 Page-2— INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT Landfill / Administration / Recycling 1325 74`' Avenue SW Vero Beach, FL 32968 Phone: 772-770-5112 Fax: 772-770-5296 Indian River County Waste Tire Amnesty Day Assessment Fees 180127''' Street Vero Beach, FL 32960 Phone: 772-226-1300 Fax: 772-226-1578 Florida DEP will reimburse Indian River County for tire transportation and processing/disposal costs up to $25,000. Date: Saturday, April 28, 2018 Time: 9 A.M. — 3 P.M. Collection Location(s): Main County Landfill: 1325 74'x' Ave S.W Vero Beach, FL 32968 Roseland Convenience Center: 7860 130`' St. Sebastian, FL 32958 Fellsmere Convenience Center: 12510 C.R. 512 Fellsmere, FL 32948 Winter Beach Convenience Center: 3955 651 St. Vero Beach, FL 32967 Gifford Convenience Center: 490141' St. Vero Beach, FL 32967 Oslo Convenience Center: 950 1" Pl. Vero Beach FL 32962 Proposed Plan: Indian River County will accept a maximum of .10 tires per resident with proof of residency. Tires from commercial shops will not be accepted. County will provide mosquito control as necessary. Operational Procedures: Indian River County and Republic Services will provide labor and oversee collection of tires at the collection sites. The County has contracted with Republic Services to drop off and pick up roll -off containers at the collection location. Republic Services will transport full containers to the Indian River County Landfill located at 1325 741 Avenue SW, Vero Beach, Florida for deposition. All tires collected during the amnesty event will be transported by a Florida registered waste tire collector. A log of all truck and trailer movements by time, date, and waste tire collector registration numbers will be provided. All waste tires collected will be processed/disposed of at a permitted waste tire processing/disposal facility. Indian River County assumes responsibility for advertising at least 4 weeks in advance and staffing the event. Florida DEP will reimburse the county for the transportation and processing/disposal costs up to $25,000.00 for waste tires collected during the Indian River County Waste Tire Amnesty event. Florida DEP will reimburse Indian River County upon receipt of an itemized invoice. Florida DEP requires proof of disposal method to include weigh tickets from the event on April 28, 2018. Indian River County assumes responsibility for any additional costs incurred. Florida DEP Contacts: Lauren O'Connor, Contract Manager — Division of Waste Management Phone: 850 245-8756, Email: Lauren.00onnor(&dep.state.fl.us Tamela Starling, Government Analyst — Division of Waste Management Phone: 850 245-8711, Email: Tamela.Starling_@dep.state.fl.us Indian River County Contact(s): Stephanie Fonvielle, Recycling Education and Marketing Coordinator — Solid Waste Disposal District Address: 1325 74' Avenue SW, Vero Beach, FL 32968 Phone: (772) 226-1764, Email: sfonvielle(@ircgov.com �VEft co * S. W. D. D., helping you Mink Green, Live Green. �• °F� " Printed on Kesled Pu ®F'�BC y per �R a: dent4l 4 For One Day Only, Dispose Up to 10 dMS* For FREE at: The Main County Landfill or One of the 5 Customer Convenience Centers (CCC) Main Landfill: 1325 74th Ave SW a Vero Beach Gifford CCC: 4901415tSt. • Vero Beach Roseland CCC: 7860 130th St. • Sebastian Oslo CCC: 950 1't PI. * Vero Beach Winter Beach CCC: 3955 65th St. • Vero Beach Fellsmere CCC: 12510 C.R. 512 * Fellsmere *Maximum 10 tires per vehicle. Must provide proof of Indian River County residency. Commercial loads will NOT be accepted! Residents only! Please, no heavy equipment tires or agricultural tires. reduce the mosquito population and keep Indian R�iyer County safe! Waste tires are not only unsightly, they are a breeding a_ ground for mosquito species that can carry serious diseases such as the Zika Virus. Help keep Indian River County safe \� by removing tires from your residential property. n • 1-1.. t ».•• Remove tires from your residential property to keep mosquitos out of your home and the community!