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HomeMy WebLinkAbout08/14/2018 (3)E1 �OR1�i !-3 COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, AUGUST 14, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Peter D. O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Bob Solari, Vice Chairman, District 5 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph E. Flescher, District 2 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.13. INVOCATION Father Robert Stull, Christ Church Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring James D. DeGraffenreid on His Retirement From Indian River County Board of County Commissioners Department of Utility Services Wastewater Treatment Division With Thirty Years of Service 5.13. Presentation on City of Vero Beach Centennial Celebration by City Councilmember Tony Young and City Clerk Tammy Bursick 6. APPROVAL OF MINUTES 6.A. Regular Meeting of June 12, 2018 6.11. Regular Meeting of June 19, 2018 6.C. Regular Meeting of July 3, 2018 August 14, 2018 Page 1 of 8 6.1). Regular Meeting of July 10, 2018 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Florida Public Service Commission In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company is on file in the Office of the Clerk to the Board. 7.13. Florida Public Service Commission In re: Request for approval of change in rate used to capitalize allowance for funds used during construction (AFUDC) from 6.16% to 5.97%, effective January 1, 2018, by Florida Power & Light Company, is on file in the Office of the Clerk to the Board 7.C. Florida Public Service Commission In re: Petition for approval of amended standard offer contract (Schedule COG -2) based on a combustion turbine avoided unit, by Duke Energy Florida, LLC, is on file in the Office of the Clerk to the Board. 7.1). Florida Public Service Commission In re: Petition for limited proceeding for approval to include in base rates the revenue requirement for the Citrus combined cycle project, by Duke Energy Florida, LLC, is on file in the Office of the Clerk to the Board 7.E. Florida Public Service Commission In re: Petition for approval of modifications to Section No. IV, general rules and regulations governing electric service, Part VIII billing, residential and non-residential budget billing, by Duke Energy Florida, LLC, is on file in the Office of the Clerk to the Board. (File ID 18-2099) 7.F. Proclamation Honoring Katherine R Bray on Her Retirement From Indian River County Board of County Commissioners Department of Utility Services Customer Service Division with Eighteen Years of Service 7.G. Update on All Aboard FL/Vero Electric Expenses 7.11. Indian River County Venue Event Calendar Review 7.I. Tunnel to Towers 5K Run & Walk Saturday, September 8, 2018 7.1 John's Island Club Regarding Public Safety Day 2018 7.K. Letter to Public Service Commission re: Sale of City of Vero Beach (COVB) Electric 7.L. Inclusion within the Service Area of Foreign Trade Zone #218 8. CONSENT AGENDA 8.A. Checks and Electronic Payments July 6, 2018 to July 12, 2018 8.11. Checks and Electronic Payments July 13, 2018 to July 19, 2018 8.C. Checks and Electronic Payments July 20, 2018 to July 26, 2018 August 14, 2018 Page 2 of -8, 8.D. Checks and Electronic Payments July 27, 2018 to August 2, 2018 8.E. Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education Program Trust Fund Report - Cumulative Reporting Through 06/30/18 8.F. Quarterly Investment Report for the Quarter Ending 06/30/18 8.G. Quarterly OPEB Trust Report for the Quarter Ending 06/30/18 8.H. Quarterly Tourist Development Tax Report for the Quarter Ending 06/30/18 8.I. Auditing Agreement Renewal Option 8.1 Change in Investment Policy 8.K. Indian River County Grant Contract Subrecipient Awards 8.L. Consideration of the Indian River County SHIP Program 2018 Annual Report 8.M. 74th Avenue and 1st Street SW Culvert Replacement - Release of Retainage and Change Order No. 1 - IRC -1737 8.N. Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Elbert Izquierdo - 66th Avenue, Vero Beach, FL 32967 8.0. Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Alexandra Van Der Rest - 6830 69th Street, Vero Beach, FL 32967 8.P. 26th Street - Advance Acquisition of Right -of -Way 5836 26th Street, Vero Beach, FL 32966 Owner: Faye Knight Coffman 8.Q. Resolutions Cancelling Taxes on Properties Acquired by Indian River County for Public Purposes 8.R. Gifford Youth Achievement Center - Right Turn Lane Cost Share 8.S. Dedication of Utility Easement 8.T. Work Order No. 4, Jay Ammon Architect, Inc. North County Regional Park Aquatic Facility Roof Replacement 8.U. Recommendation of Final Payment and Release of Retainage for the Reinforced Concrete Wall Sawing and Duperon F1exRake Rehabilitation Project at PC Main Screening System 8.V. 8.X. GRBK GHO Serenoa LLC's Request for Final Plat Approval for a Subdivision to be Known as Serenoa Phase 5 [98110046-81384/ SD -13-11-04] Release of Retainage - Work Order No. 7 Morgan & Eklund, Inc., 2018 Beach Profile Monitoring Surveys (SUMMER) Approval of Blue Goose Construction Work Authorization 2018-004: "12th Avenue SW Water Service Replacement" August 14, 2018 Page 3 of 8 9 8.Y. Award of Bid No. 2018062 Sebastian Corners Roof Replacement Project 8.Z. Ratification of Document Executed by County Administrator's Designee, on Behalf of the Board of County Commissioners, Under Authority of Resolution No. 2018-060, Between July 18 and August 13, 2018 8.AA. Results for Bid 2018069 US Highway 1 Landscaping - South County Line to Oslo Road 8.BB. Fee Schedule Update for Campground Rates at Donald MacDonald Campground & Indian River County Fairgrounds 8.CC. Request to Waive Bid Process for Supplemental Building Inspection Services for Fiscal Year 2018/2019 8.DD. 2018-047: US 1 Air Release Valve and 24" Force Main Replacement, Change Order #l: Add Second Air Release Valve 8.EE. Agreement: Installation of Stand-by Generator at Indian River County Department of Utility Services Lift Station 303, Certus Adult Congregate Living Facility 8.FF. Approval of Blue Goose Construction Work Authorization 2018-003: "61st Drive Water Main Replacement" 8.GG. Award of Bid No. 2018072 Gifford Neighborhood 45th Street Beautification `Concrete Pipe' (IRC -1748) 8.HH. Public Works Engineering Division Project Management Software 8.II. Amendment Number One to the FDOT Landscape Maintenance Memorandum of Agreement with The Moorings for Additional Landscaping on AIA 8.JJ. Work Order No. 1, Ardaman & Associates, Inc., 45th Street Improvements - 43rd Avenue to 58th Avenue, IRC -1722, FDOT FM 436848-1 8.KK. Miscellaneous Budget Amendment 13 8.LL. Miscellaneous Budget Amendment 014 8.MM. Notice of Grant Award from the Division of Historical Resources for the Jones' Pier Fruit Stand and Educational Kiosks at Significant Sites along Historic Jungle Trail 8.NN. Jones' Pier Conservation Area Public Use Improvements - Fruit Stand Replica - MBV Work Order #3 8.00. Request from Carole Jean Jordan, Tax Collector, that the Indian River County Board of County Commissioners order the tax roll to be extended prior to the completion of the Value Adjustment Board hearings CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES August 14, 2018 Page 4 of 8 9.A.1. Indian River County Sheriff Deryl Loar Request for authorization to utilize proceeds from auction of surplus property to acquire new like -kind property within current fiscal year 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. John Chamberlain's Request for Abandonment of the West 20 Feet of Seminole Trail (a.k.a. 10th Avenue) Adjacent to Lot 21 of the Riverside Estates Subdivision [ROWA-17-12-06 / 96120005-80165] (Legislative) B. PUBLIC DISCUSSION ITEMS 10.13.1. Request to Speak from Evan Esposito, E. E. Solar, Regarding Request that the County Propose and Support Legislation on Solar and Green Energy for construction and buses. C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Tax Equity and Fiscal Responsibility (TEFRA) Public Hearing Scheduled for September 11, 2018 Pursuant to Section 147 of the Internal Revenue Code of 1986, as Amended, To Accept Public Comment and Thereafter Consider a Plan of Finance and the Issuance of Revenue Bonds by the Escambia County Housing Finance Authority (Legislative) 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources 12.D.1. Collective Bargaining Agreement between Indian River County and Teamsters, Local Union No. 769 - FY2018/19 General Wage Increase E. Office of Management and Budget F. Public Works 12.F.1. Award of Bid No: 2018059 North County Offices at Sebastian Corners 12.F.2. Update on Unmaintained County Roadways August 14, 2018 Page 5 of 8 G. Utilities Services 12.G.1. Emergency Repair of the South County Wastewater Treatment Facility Self Cleaning Bar Filter Screen 12.G.2. Lakeside Raptor Unit #1 and #2 Rehabilitation and Request for Sole Source 12.G.3. Sole Source for West Regional Wastewater Treatment Facility HACH NITRATAX Meters 12.G.4. Blue Cypress Lake Water Quality Analysis 12.G.5. Final Ranking of Firms for RFP 2018014 and Authorization to Enter Negotiations and Issue Work Authorization for Consultant Assistance for Next Phase of Project 13. COUNTY ATTORNEY MATTERS 13.A. Demolition Liens 13.13. Community Development Block Grant Citizen Advisory Task Force Appointment 13.C. Florida Institute of Technology Marine Laboratory Property 13.1). Florida Public Service Commission Hearing 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Bob Solari, Vice Chairman 14.11.1. FDEP Resilience Planning Grant C. Commissioner Susan Adams 14.C.1. Continuing Discussions regarding the Indian River Lagoon Master Plan D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 14.E.1. Update on information related to the Public Service Commission hearings in Tallahassee on sale of Vero Beach Electric 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Minutes Meeting of June 12, 2018 15.A.2. Approval of Minutes Meeting of June 19, 2018 15.A.3. Affiliation Agreement between Fire Response Training Group and Indian River County Emergency Services District August 14, 2018 Page 6 of 8 15.A.4. Approval of Affiliation Agreement Extension between Medical Career Academy and Indian River County Emergency Services District 15.A.5. Approval of Affiliation Agreement Extension between Treasure Coast Medical Institute and Indian River County Emergency Services District 15.A.6. Affiliation Agreement between Orlando Medical Institute, Inc. and Indian River County Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting of June 5, 2018 15.B.2. Approval of Minutes Meeting of July 3, 2018 15.B.3. Approval of 2018 CPI Adjustment Request by Waste Management 15.B.4. Approval of Interlocal Agreement and a Memorandum of Understanding with the Town of Indian River Shores for Recycling Services C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. August 14, 2018 Page 7 of 8 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until S: 00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12: 00 Noon to 5:00 p.m. August 14, 2018 Page 8 of 8 6A PROCLAMATION HONORING JAMES D. DEGRAFFENREID ON HIS RETIREMENT FROM INDIANRIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SER VICESIRASTE WA TER TREATMENT DIVISION WHEREAS, James DeGraffenreid retired from Indian River County Wastewater Treatment Division effective August 30, 2018; and WHEREAS, James DeGraffenreid began his career with Indian River County on July 25, 1988, as a Wastewater Treatment Plant Operator Trainee. He was promoted to a Wastewater Plant Operator C Trainee in September 1988; he was then promoted to a Wastewater Plant Operator C in February 1989; then to a Wastewater Plant Operator B in October 1989, and finally to Chief Operator in October 1994, where he continued in that capacity until his retirement; and WHEREAS, James DeGraffenreid has served this County and the Public with distinction and sefflessness. During his thirty years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF IND)AN RIVER COUNTY, FLORIDA, that the Board applauds James DeGraffenreid's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 14th day of August, 2018. BOARD OF COUNTY COMMISSIONERS IND]ANRIVER COUNTY, FLORIDA Rjo�+ Peter D. O'Bryan, Ch firman F CEN'f1NN1AL _400 -YEARS-- - _ _ - : _ 0 -G_ vis-tT-,--VER 013 EE�oa----A=-=-=_ = =Y Calendar of Events (Oct 2018 —Jan 2019) NUDA 6)9w Oct 11: Volunteer Recognition Celebration Start: Recognition @ IRC 1G Center; Oct 22-26: School District Tree Local Tree Dedications & VBHS School Tree Dedications & Centennial Dedications & Football Kickoff; Half- Time Tribute; Flag Staff & Time Kickoff also a Centennial Maze on 27 & 28 Oct 24: Banner Display; Oct 27: Capsule @ Waldo's; Corn Maze Oct Waldo's Time Capsule; Chili Cook -Off; Countryside Celebrations Nov 3: Veterans Parade Cultural & Veterans Council CCIRC, VB Life Guards Assoc, Nov 10: Veterans Tribute Beachside Businesses, CAV tree IRC Historical Society, AFPIRC, Youth Nov 17: Beach Bonfires dedication; Philanthropy Day & Sailing, IRC Historical Society; Riverside Nov 24: Celebration of the Trees Regatta Theater Dec 1: Historical Marker Royal Palm Point dedication; IRC Vero Marine; Ballet Vero Beach; Heritage Dec 15: Boat Parade Boat Parade; "Nutcracker in the Center & Main Street VB; "Centennial Dec 30 & 31: Ballet VB Indian River" Performances; Sparkle!" Dec 31: New Year's Eve Party Diamonds are Forever Celebration Jan 2019: Trolley Tours begin Monthly Historical Tours (less Apr) Piper Aircraft & Magic Carpet Rides; VB Jan 1: Centennial Run; Jan 4&5 thru Sep; Run Vero bridge 5K; Art Club; OVIASC exhibit; Charter High School Art Exhibit; Jan 5: Arts Museum of Art Exhibit & Reception; Performing Arts Production; IRC Main Festival; Jan 18-21 Ice Age Vero Ice Age @ Brackett Library; Library Archive & Genealogy Dept; Jan — lectures; Jan 29: Sexton Pioneer IRCHS Presentation; Heritage Call Mar Display Preparation 08/13/2018 i VB Centennial Celebration 2 Draft Calendar of Events (Feb -May 2019) NaDa MW Feb 9 — May 9: Museum of Art Victorian Radicals UK Collection @ Music Works & Paris Productions; Exhibit; Feb 14: McCartney Years; VB Museum of Art; Emerson Valentine Seminar @ First Feb 16: Gen Seminar & Brew & Theater Concert; IR Genealogical Presbyterian Church; Rotary Club Wing Fest; Feb 23: VB Concert Society; FL Craft Beer; Centennial Event @ RPP; Concert @ VBHS PAT Mar 3: "Going Home" Concert; Treasure Coast Chorale; Youth Concert at First Baptist Church; Steve Martin Regatta Sailing Assoc; Pickleball University Annual Regatta on IR Lagoon; Mar 14-17; Pickleball Tournament Centennial Event; VB Regional Tournament @ Pocahontas Park; Mar 16: Aviation Day Airport, EAA & Piper Aircraft event Historical Aviation Displays & Celebration Apr—Jul: Heritage Display Main Library & Archive Center; Centennial Event @ Heritage Center; Apr 13 & 14: Hibiscus Festival Main Street VB & Heritage Center; Holman Stadium Baseball Game —J Apr 15: Jackie Robinson Game United Way Robinson VB Heritage Icon Sunday, May 26: COVB Tree Centennial Tree dedication @ Tree & Beautification Cmte; Inter - Dedication; Founders Day McWilliam Park; Family Focus Faith Assoc & Riverside Theater Celebration Inter -Faith Celebratory Gathering 08/13/2018 VB Centennial Celebration Draft Calendar of Events (Jun —Oct 2019) 08/13%2018 9 VB Centennial Celebration Jun 13-16: Wine & Food Festival; Centennial Film Festival June Cultural Festival Jun 14: Car Show Father's Day Tradition Historic Dodgertown of the Elks Jun 28: Downtown Friday Event MSVB International Flavor Event Lodge Jul 4: USA Birthday Celebration Afternoon & Evening Family Event Fireworks, Music & More with IRC & at Riverside Park COVB with Mulligans Aug 24: Community Recreation All Aquatic Fun Leisure Square Event Sep: Crescendo Preparation Final Coordination for Oct Concluding Events Saturday, Oct 26 Centennial Celebratory Crescendo Pomp and Parade in Historic District 08/13%2018 9 VB Centennial Celebration Recent Completions I. Centennial Time Line is complete and in production. 2. Calendar set for local school tree dedications. 3. Summer Band Camp finale previewed the Centennial halftime show. 4. City Proclamation and 2nd Planning Team photo made on Aug 18. 5. Centennial flag provided for Waldo's flag staff display. 6. Local centennial celebrations have begun (St. Helen.) 7. American Legion Post 39 Board setting 100th Celebration role. 8. Met with IR Emergency Services Director. 9. Buggy Bunch will be part of downtown participants. 10. Laura Riding Jackson Association will aid with essay contest. 11. Developed working list for centennial placemat distribution. 12. Ms. Centennial photo shoot is underway. 08/13/2018 VB Centennial Celebration CITY OF VERU BEACH 26. NTH ANNIVERSARY 1919-2009 5 Current Working Actions (Partial List!) The steps below are underway to continue development of the Centennial Celebration Concept. 1. Continue integrating proposed Centennial Calendar events, (VB Pipes and Drums; Theater Guild.) 2. Foster planning transparency with local businesses and organizations. (CJ Canon, Rotary etc.) 3. Meet with USCG Auxiliary to showcase historic impact. 4. Continue development of funding sponsors. 5. Promote opportunity to spotlight local citrus heritage.. 6. Coordinate concert performance with Casey Lunceford. 7. Develop Sheriff's Office Centennial Recognition, store items. 8. Crescendo Celebration Planning Teams organizing : Parade, Celebration & Founding Fathers. 9. Follow up with Quail Valley planning. 10. IR County Commission Proclamation planned for 9 Oct. 11. Local School Art Competition participant list is being set. 08/13/2018 Next Meeting: 10:00 AM Aug 29 at Waldo's Secret Garden V8 Centennial Celebration 0 FILED 7/13/2018 jDOCUMENT NO. 04678-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of renewable DOCKET NO. 20180083 -EQ energy tariff and standard'offer contract, by ORDER NO. PSC -2018 -0347 -CO -EQ Florida Power & Light Company. I ISSUED: July 13, 2018 CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC -2018=0316 -PAA -EQ, issued June 20, 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 fled 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 -0316 - PAA -EQ has become effective and final. It is fiirther ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 13th day of July, 2018. CARLOTTAS.STAU FER 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. IME ORDER NO. PSC -2018 -0347 -CO -EQ DOCKET NO. 20180083 -EQ PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. FILED 7/16/2018 -- __ - -— ' DOCUMENT NO. 04688-2018 , jFPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Request for approval of change in rate DOCKET NO. 2018003 8 -EI used to capitalize allowance for funds used ORDER NO. PSC -2018 -0348 -CO -EI during construction (AFUDQ from 6.16% to ISSUED: July 16, 2018 5.97%, effective January 1, 2018, by Florida Power & Light Company. CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC -2018 -0247 -PAA -El, issued May 11, 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 -0247 - PAA -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 16th day of Jam, 201.8. cog CARLOTTA S. 9-TA-TJFFER 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. JSC ORDER NO. PSC -2018 -0348 -CO -EI DOCKET NO. 20180038=EI 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. Q-2- FILED 7%16/2018 ,DOCUMENT NO. 04688-2018 ,FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Request for approval of change in rate DOCKET NO. 20180038 -Et used to capitalize allowance for funds used ORDER NO. PSC -2018 -0348 -CO -EI during construction (AFUDC) from 6.16% to ISSUED: July 16, 2018 5.97%, effective January 1, 2018, by Florida Power & Light Company. CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC-2018-0247-P.AA-EI, issued May 11, 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 -20.18 -0247 - PAA -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 16th day of Jam, 2018. CARLOTTA S. STA FFER Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 www.floridapse.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. JSC 0- 2 ORDER NO. PSC -2018 -0348 -CO -EI DOCKET NO. 20180038 -EI 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. (3-� FILED 7/19/2018 DOCUMENT NO. 04750-2018 FPSC - COMMISSION CLERK �ltt t� is - 2oszi BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of amended DOCKET NO. 20180073 -EQ standard offer contract (Schedule COG -2) ORDER NO. PSC -2018 -0352 -CO -EQ based on a combustion turbine avoided unit, by ISSUED: July 19, 2018 Duke Energy Florida, LLC. CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC -2018 -0314 -PAA -EQ, issued June 19, 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 -0314 - PAA -EQ has become effective and final. It is further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 19th day of Jam, 2018. �&AA Wa SR(2 Gc- Zh- 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. CWM C- ORDER NO. PSC -2018 -0352 -CO -EQ DOCKET NO. 20180073 -EQ PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by fling 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. C�;)� FILED 7/25/2018 DOCUMENT NO. 04858-2018 kFPSC -,COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for limited proceeding for DOCKET NO. 20180084 -EI approval to include in base rates the revenue ORDER NO. PSC -2018 -0367 -TRF -EI requirement for the Citrus combined cycle ISSUED: July 25, 2018 project, by Duke 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 ANDREW GILES FAY ORDER APPROVING LIMITED PROCEEDING TO INCLUDE IN BASE RATES THE REVENUE REQUIREMENT FOR THE CITRUS COMBINED CYCLE PROJECT BY THE COMMISSION: Background On May 27, 2014, Duke Energy Florida, LLC (DEF) filed a petition for a determination of need for the Citrus County Combined Cycle Power Plant Project (Citrus Combined Cycle Project). DEF plans to complete construction of the 1,640 -megawatt, two -unit plant on a site adjacent to its Crystal River Energy Center in Citrus County, Florida, by December 2018. We granted DEF's determination of need for the Citrus Combined Cycle Project by Order No. PSC- 14-0557-FOF-EI.1 In that proceeding, we found that the Citrus Combined Cycle Project, at an estimated construction cost of approximately $1.514 billion, represented the optimal resource option to meet DEF's projected generation need. On August 29, 2017, DEF filed a petition for a limited proceeding to approve its 2017 Second Revised and Restated Settlement Agreement (2017 Settlement). The 2017 Settlement was signed and executed by DEF, the Office of Public Counsel, the Florida Industrial Power Users Group, the Florida Retail Federation, White Springs Agricultural Chemicals, Inc. (d/b/a PCS Phosphate), and the Southern Alliance for Clean Energy. The signatories to the 2017 Settlement are organizations that represent DEF's major customer groups. We approved the 2017 Settlement on November 20, 2017, by Order No. PSC-2017-0451-AS-EU.2 'Order No. PSC-14-0557-FOF-EI, issued October 10, 2014, in Docket No. 20140110 -EI, In re: Petition for determination of need for Citrus County Combined Cycle Power Plant, by Duke Energy Florida, Inc. 2Order 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. rd -1 ORDER NO. PSC -2018 -0367 -TRF -EI DOCKET NO. 20180084 -EI PAGE 2 If DEF constructs and places in service the Citrus Combined Cycle Project in 2018, Paragraph 14(a) of the 2017 Settlement provides a base rate increase referred to as the 2018 Generation Base Rate Adjustment (GBRA). As required under Paragraph 14(a) of the 2017 Settlement, DEF's initial 2018 GBRA for the Citrus Combined Cycle Project must reflect the costs used to support the need determination case. On April 2, 2018, DEF filed the instant petition for a limited proceeding for approval to include in base rates the revenue requirement for the Citrus Combined Cycle Project. The project is expected to be placed in service in two phases: September 2018 and November 2018. Phase 1 will include the construction of Unit 1 and the associated transmission/common equipment. Phase 2 will include the construction of Unit 2. DEF has requested that we approve the estimated revenue requirement of $200,488,588 for the entire GBRA and approve the necessary tariffs to reflect the change in base rates in October 2018 and December 2018. DEF waived the 60 -day file and suspend provision of Section 366.06(3), Florida Statutes (F.S.). We have jurisdiction pursuant to Section 366.06 and 366.076, F.S. Decision Petition to include in base rates the revenue reauirement for the Citrus Combined Cvcle Proiect DEF stated in its petition that the Citrus Combined Cycle Project will be placed in service in two phases: September 2018 and November 2018. DEF requested that we approve the revenue requirement necessary for the rate increase in both phases, with an estimated retail revenue requirement totaling $200,488,588. As discussed in the background, this Commission evaluated the estimated cost for the Citrus Combined Cycle Project in the need determination, and the GBRA cost recovery method was set forth in the 2017 Settlement. Our review of DEF's cost estimate and revenue requirement calculations are discussed below along with the rate impact. Cost Estimate Based upon Exhibit B, which DEF attached to its petition, the total operating expenses for Unit 1, Unit 2, and transmission/common equipment are $53,006,000, $38,811,000, and $2,406,000, respectively, for the first year. These costs include operating and maintenance (O&M), depreciation, property insurance, and property tax. DEF affirmed that these costs are the same as those used by DEF to support its need determination case, consistent with the requirement under Paragraph 14(a) of the 2017 Settlement.3 3Document No. 03716-2018 - DEF's response to Commission staff's second data request, No. 1. 7) .-q— ORDER NO. PSC -2018 -0367 -TRF -EI DOCKET NO. 20180084 -El PAGE 3 The estimated capital cost of approximately $1.514 billion is the same as in the need determination. DEF stated that while this is a reasonable and accurate projection, there are a variety of events that can impact the schedule and cost of the overall project. These may include skilled labor and supply availability, severe weather events, and other force majeure events.4 Paragraph 14(d) of DEF's 2017 Settlement addresses the circumstance in which DEF's actual capital cost is lower than the projected cost used to develop the initial 2018 GBRA factor. Under this circumstance, the lower actual cost will be the basis for the full revenue requirements and a one-time credit is required to be made through the Capacity Cost Recovery Clause. In addition, Paragraph 14(e) addresses the situation in which DEF's actual capital cost is higher than the projected cost used to develop the initial 2018 GBRA factor. Under this circumstance, DEF may, at its option, initiate a limited proceeding to seek to increase the 2018 GBRA factor by the corresponding incremental revenue requirement. We find that these measures protect customers against unwarranted cost increases over the cost used in the need determination case. Revenue Requirement Calculation Based on the estimated cost of the project and the commercial in-service dates for the two phases as described above, DEF calculated a revenue requirement of $200,488,588 for the entire GBRA. DEF estimated the revenue requirement for Phase 1 to be $123,180,439 and $77,308,149 for Phase 2. In accordance with Paragraph 14(c) of the 2017 Settlement, DEF utilized its projected 13 -month average capital structure for the first 12 months of operation, and a 10.50 percent return on equity to calculate the revenue requirement. The revenue requirement calculation also included the recovery of O&M expenses, depreciation expense, property insurance, property tax, and income tax. We verified the revenue requirement of $200,488,588 based on the capital structure provided by DEF, which reflected a projected 13 -month average capital structure for the first 12 months of operation. We find that $200,488,588 is the appropriate revenue requirement based on the 2017 Settlement. Conclusion Consistent with the 2017 Settlement, DEF's 2018 GBRA for the Citrus Combined Cycle Project reflects the costs pursuant to which the need determination was granted. Therefore, we approve DEF's petition. Approval of proposed tariffs and associated charges needed to implement the two phases of the Citrus Combined Cycle Project 4Document No. 03532-2018 — DEF's response to Commission staff's first data request, No. 4. 0-J ORDER NO. PSC -2018 -0367 -TRF -EI DOCKET NO. 20180084 -El PAGE 4 As discussed in above, we approve a revenue requirement totaling $200,488,588 for both phases of the Citrus Combined Cycle Project. Consistent with Paragraph 14(b) of DEF's 2017 Settlement, and as shown in Exhibit C of the petition, the requested total amount shall be applied as a uniform percentage to all rate classes at 6.88 percent for Phase 1 and at 4.04 percent for Phase 2. At these uniform percentage rates, a residential customer using 1,000 kWh per month will see a bill increase of $3.59 for Phase 1 and $2.25 for Phase 2. The combined base rate increase of $5.84 on a 1,000 kWh bill is $0.71 lower than the estimated increase stated in Docket No. 20140110 -EI. Customer Notification DEF stated that it will notify its customers of the rate changes via bill inserts in their August 2018 bill for Phase 1, and via bill inserts in their October 2018 bill for Phase 2.5 Electronic bill customers will receive a link to the bill insert via email. The bill insert will also be posted on DEF's website. Conclusion We grant Commission staff the administrative authority to approve tariffs and associated charges that implement our approval regarding base rate inclusion of DEF's Citrus Combined Cycle Project, which will be placed in service in two phases. The tariffs and associated charges for Phase 1 shall go into effect with the first billing cycle in October 2018, and the tariffs and associated charges for Phase 2 of the Citrus Combined Cycle Project shall go into effect with the first billing cycle in December 2018. If the commercial in-service date of Phase 1 of the project is delayed, the tariff shall become effective with the first billing cycle after Phase 1 is completed and placed in commercial service. If Phase 2 is delayed, the tariff shall become effective with the first billing cycle after Phase 2 is completed and placed in commercial service. If this Order is protested, DEF shall implement the rates subject to refund pending the results of any subsequent hearing. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Duke Energy Florida, LLC's (DEF) 2018 GBRA for the Citrus Combined Cycle Project reflects, consistent with the 2017 Settlement, the costs pursuant to which the need determination was granted. We therefore approve inclusion in base rates the revenue requirement for the Citrus Combined Cycle Project. It is further ORDERED that Commission staff is granted the administrative authority to approve tariffs and associated charges that implement our vote regarding the Citrus Combined Cycle Project, which will be placed in service in two phases. The tariffs and associated charges for Phase 1 shall go into effect with the first billing cycle in October 2018, and the tariffs and associated charges for Phase 2 of the Citrus Combined Cycle Project shall go into effect with the first billing cycle in December 2018. If the commercial in-service date of Phase 1 of the project 5 If the implementation of the tariff is delayed, the notice shall be delayed accordingly. ORDER NO. PSC -2018 -0367 -TRF -EI DOCKET NO. 20180084 -El PAGE 5 is delayed, the tariff shall become effective with the first billing cycle after Phase 1 is completed and placed in commercial service. If Phase 2 is delayed, the tariff shall become effective with the first billing cycle after Phase 2 is completed and placed in commercial service. If this Order is protested, DEF shall implement the rates subject to refund pending the results of any subsequent hearing. It is further, ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance of a consummating order. If a protest is filed within 21 days of the issuance of this order, the tariff shall remain in effect, with any revenues held subject to refund, pending resolution of the protest. By ORDER of the Florida Public Service Commission this 25th day of Jam, 2018. CARLOTTA S. STAU 4 FER 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. KMS D-5 ORDER NO. PSC -2018 -0367 -TRF -EI DOCKET NO. 20180084 -EI PAGE 6 NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The Commission's decision on this tariff is interim in nature and will become final, unless a person whose substantial interests are affected by the proposed action files a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on August 15, 2018. In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. -D-6 FILED 7/30/2018 ((DOCUMENT NO. 04942-2018 fFPSC - COMMISSION CLERK, BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of modifications to DOCKET NO. 20180123 -EI Section No. IV, general rules and regulations ORDER NO. PSC -2018 -0372 -TRF -EI governing electric service, Part VIII billing, ISSUED: July 30, 2018 residential and non-residential budget billing, by Duke 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 ANDREW GILES FAY ORDER APPROVING PETITION TO MODIFY GENERAL RULES AND REGULATIONS GOVERNING ELECTRIC SERVICE, BILLING RESIDENTIAL AND NON-RESIDENTIAL BUDGET BILLING BY THE COMMISSION: Back round On May 23, 2018, Duke Energy Florida, LLC (DEF) filed a petition to offer budget billing to commercial customers. The proposed budget billing tariff sheets Nos. 4.086 and 4.087 are shown in Attachment A.' Currently, the five Florida investor-owned electric utilities offer optional budget billing for residential customers. We have approved budget billing for commercial customers for Florida Power & Light Company2 and Gulf Power Company.3 We have jurisdiction under Sections 366.04, 366.05, and 366.06, Florida Statutes (F.S.). Decision Currently, budget billing is only offered to residential customers. DEF has proposed to extend the budget billing option to the commercial General Service — 1 (GS -1) and General DEF's petition included certain other non -substantive tariff changes (i.e., revision to index sheet) that have not been attached to the recommendation. 2 Order No. PSC -05 -0951 -TRF -EI, issued October 6, 2005, in Docket No. 20050486 -EI, In re: Petition for approval of optional budget billing program for GS -I rate customers by Florida Power & Light Company. 3 Order No. PSC-98-0747-FOF-EI, issued May 29, 1998, in Docket No. 19980530 -EI, In re: Request for approval of Budget Billing tariff revisions by GufPower Company. ORDER NO. PSC -2018 -0372 -TRF -EI DOCKET NO. 20180123 -El PAGE 2 Service Demand — 1 (GSD -1) class customers. DEF states in its petition that it can provide better customer service by extending the budget billing to commercial customers without affecting the general body of ratepayers. Budget billing is an optional program that allows customers to reduce the variations in monthly bills that result from seasonal fluctuations in the usage of electricity. This leveling of the bill allows customers to more easily budget their electricity expenses. The methodology for determining the monthly budget bill for commercial customers will be the same as the methodology for determining the monthly budget bill for residential customers. The customer is billed based upon an average of their last 12 months' kilowatt-hour (kWh) usage, rather than for their actual monthly usage. The amount billed using the average method is subtracted from the amount which would have been billed based on actual usage. This difference is credited to a deferred balance account which maintains a running total of overcollection and undercollection. DEF recalculates the monthly budget billing amount every third month using the most recent 12 months' billings plus any deferred balances. If the difference between the current and the newly calculated monthly budget billing amount is greater than 10 percent, the monthly budget billing amount will be re- established. Customers may request termination of the budget billing at any time. Upon termination of the plan or disconnection of service, the customer must settle the account in full. Once the customer has been terminated, the customer may not rejoin the plan for 12 months. The residential budget billing tariff provision is currently included on residential tariff sheet No. 6.121. DEF proposed to include the residential budget billing tariff provision, together with the proposed commercial budget billing provision, in its general rules and regulations section of its tariff, as shown in Attachment A. Conclusion We have reviewed DEF's petition for approval of its budget billing for its commercial customers and determined that participation in the program is optional and will provide DEF's commercial customers with benefits of budget billing that are currently available to its residential customers. Therefore, we approve DEF's petition for approval of budget billing for commercial customers, effective on July 10, 2018. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Duke Energy Florida LLC's petition for approval of budget billing for commercial customers is approved and the proposed tariffs shall become effective on July 10, 2018. ORDERED that if a protest is filed within 21 days of issuance of the Order, the tariff shall remain in effect with any charges held subject to refund pending resolution of the protest. It is further ORDER NO. PSC -2018 -0372 -TRF -EI DOCKET NO. 20180123 -El PAGE 3 ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance of a Consummating Order. By ORDER of the Florida Public Service Commission this 30th day of Jam, .2018. &111�ltj Igej Z:'ARLOTTA 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. WLT ORDER NO. PSC -2018 -0372 -TRF -EI DOCKET NO. 20180123 -EI PAGE 4 NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The Commission's decision on this tariff is interim in nature and will become final, unless a person whose substantial interests are affected by the proposed action files a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on August 20, 2018. In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2018 -0372 -TRF -EI DOCKET NO. 20180123 -EI PAGE 5 j� DUKE ENERGY 8.09 Budget Billing Plan (Optional): SECTION N0, IV ORIGINAL SHEET NO. 4.086 PART VIII BILLING (Continued) ATTACHMENT A Page 1 of 2 Page 3 of 4 Residential A customer may elect to be billed for service hereunder by an alternative -billing plan called the "Budget Billing Plan,` This billing plan provides for payments on an averaged monthly installment basis rather than payments on an actual monthly usage basis. Under the Budget Billing Plan, the monthly billing is determined as follows: The Annual Base Amount is calculated using the most recent twelve (12) months' billings for the premise and then averaged and rounded to the nearest whole dollar (Monthly Budget Billing Amount). If the customer has not resided at the premise for twelve (12) months, the Annual Base Amount will be determined by the customer's available monthly billings plus the previous occupant's billings. If the premise is new, a twelve (12) month estimated billing would be used. The Monthly Budget Billing Amount is recalculated every third month using the most recent Annual Base Amount plus any deferred balances (the difference in prior billings made under the Budget Billing Plan and that of actual charges). Monthly Budget = 12 Month Summation Deferred Billing Amount Actual or Est. Annual Base Balance 12 If the difference between the newly calculated Monthly Budget Billing Amount and the current Monthly Budget Billing Amount is greater than S5 or 10%, then the Monthly Billing Amount will be re-established at the newly calculated amount (rounded_ to the nearest whole dollar). At the customer's option (in (lieu of carrying the deferred balance forward in the recalculation of the Monthly Budget Billing Amount) any deferred balance that is outstanding at the customer's annual review may be settled either through being applied to the customer's next bill (if a credit balance) or direct payment to the Company (if a debit balance). A customer may request termination of the Budget Billing Plan at any time. The Company may terminate application of the Plan to any Customer whose balance due becomes sixty (60) days delinquent. Upon termination of the Plan or disconnection of service, the Customer must settle the account in full. Once the Customer has terminated, he or she may not rejoin the plan for twelve (12) months. Non-residential Any GS -1 or GSD -1 Customer who has • no delinquent balances; • has been at the same location for 12 consecutive months with the Company; • not had more than one (1) late payment notice during the preceding 12 months; • not made a payment with a dishonored check during the preceding 12 months; • not had a disconnection of service for nonpayment of bill during preceding 12 months; • the total required deposit and • met the Company's requirements for the establishment of credit on Next ISSUED BY: Javier J. Portuondo, Managing Director, Rates & Regulatory Strategy— FL EFFECTIVE: 6,S ORDER NO. PSC -2018 -0372 -TRF -EI ATTACHMENT A DOCKET NO. 20180123 -El Page 2 of 2 PAGE 6 44*DUKE SECTION NO. IV 5 ENERGY. ORIGINAL SHEET N0.4.087 Page 4 of 4 PART Vill BILLING (Continued) is eligible to participate in the Budget Billing Plan described below for GS -1 and GSD -1 rate billings. However, GS -1 or GSD -1 Customers that participate in the Premier Power Service Rider and/or Summary Billing will not be eligible to participate in this Budget Billing Plan. A Customer may terminate participation in the Budget Billing Plan at any time and may be terminated from the Budget Billing Plan by Duke Energy Florida, LLC if the Customer becomes subject to collection action on this service account. Once a Customer's participation in the Budget Billing Plan has terminated he/she may not rejoin the Budget Billing Plan for twelve (12) months following the date of termination. This billing plan provides for payments on an averaged monthly installment basis rather than payments on an actual monthly usage basis. Under the Budget Billing Plan, the monthly billing is determined as follows: 1. The Annual Base Amount is calculated using the most recent twelve (12) months' billings for the premise and then averaged and rounded to the nearest whole dollar (Monthly Budget Billing Amount). 2. The Monthly Budget Billing Amount is recalculated every third month using the most recent Annual Base Amount plus any deferred balances (the difference in prior billings made under the Budget Billing Plan and that of actual charges). Monthly Budget _ 12 Month Summation Deferred Billing Amount Actual or Est. Annual Base Balance 12 If the difference between the newly calculated Monthly Budget Billing Amount and the current Monthly Budget Billing Amount is greater than 10% then the Monthly Billing Amount will be re-established at the needy calculated amount (rounded to the nearest whole dollar). At the customer's option (in lieu of carrying the deferred balance forward in the recalculation of the Monthly Budget Billing Amount) any deferred balance that is outstanding at the customer's annual review may be settled either through being applied to the customer's next bill (if a credit balance) or direct payment to the Company (if a debit balance). A customer may request termination of the Budget Billing Plan at any time. The Company may terminate application of the Plan to any Customer whose balance due becomes fourteen (14) calendar days delinquent Termination of any one account for delinquency may subject all other Customer's participating accounts to termination of the plan. Upon termination of the Plan or disconnection of service, the Customer must settle the account in full. Once the Customer has terminated, he or she may not rejoin the plan for twelve (12) months. ISSUED BY: Javier J. Portuondo, Managing Director, Rates & Regulatory Strategy— FL EFFECTIVE: C, 7P HONORING KATHERINE R. BRA Y ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SER VICESICUSTOMER SERVICE DIVISION WHEREAS, Katherine R Bray will retire from Indian River County Customer Service .Division effective August 30, 2018; and WHEREAS, Katherine R. Bray began her career with Indian River County on November 20, 2000, as an Account Clerk IL She then moved to a Customer Service Representative on March 30, 2001; to Account Clerk on July 1, 2005; and to Senior Account Clerk on June 2, 2006, where she continued in that capacity until her retirement; and WHEREAS, Katherine R. Bray has served this County and the Public with distinction and se lessness During her 18 years of service, she was dedicated, and her work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Katherine R. Bray's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last 18 years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 14th day ofAugust, 2018. V'� `r' BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA � � e Peter D. O'B an , raarman v "I 1 7G INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 6, 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 8/6/18. ATTACHED: • All Aboard Fl. expenses through 8/6/18 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 8/6/18 spreadsheet. 3 All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 -16/17 in addition to prior authorizations Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 7/18/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -4/18-4/20/18 7/17/2018 Bryan Cave LLP $14,257.36 Fees for Legal Services -May 2018 7/2/2018 McDermot,Will & Emery LLP $10,012.00 IRC Legislative Advocacy Matters -4/6-4/20/18 6/13/2018 Bryan Cave LLP $30,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/274/5/18 5/15/2018 Bryan Cave LLP $23,853.70 Fees for Legal Services -March 2018 5/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -2/14-27/18 4/9/2018 Bryan Cave LLP $56,189.09 Fees for Legal Services -Feb 2018 4/9/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP $58,782.89 Fees for Legal Services -Jan 2018 3/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan 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 $312,354.74 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 Legal 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 -lune 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 -lune 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 11 Date Vendor Amount Note 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 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#00110214-033190-15023 Other Professional Services 7/10/2018 Florida Dept of Transportation $82.84 Public Records Request Subtotal Expenses FY 17/18 $82.84 4/28/2017 Martin County 50910 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 Consultants $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 Consultants $24,758.59 Review AAF 90%& plans 9/30/2016 Atkins North America,inc. $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 5 Date Vendor Amount Note 9/30/2015 Dylan Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 Acct#00110111-034020-15023 All Travel 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg $161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner $167.20 5/1/2018 Jet Blue -Dylan Reingold $128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold $548.74 Subtotal Expenses FY 17/18 $1,552.04 9/30/2017 Delta Air $191.80 9/30/2017 American Airlines $193.20 9/30/2017 Jet Blue $168.20 9/30/2017 Jet Blue $25.00 9/30/2017 Bob Solari -travel to Washington DC $869.98 with OMB,5enator & Congressman & FDOT Acct#00110214-034020-15023 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $3,029.76 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahassee AL P -Dylan Reingold 12/16/2015 Kimberly Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Travel -FL 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 30 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 $313,989.62 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 8/6/18 $2,608,366.15 i Date Vendor Amount Note 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 $278,554.85 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 12/22/2015 Legal Services $15,090.00 2/20/2017 Berger Singerman $880.00 11/17/2015 Subtotal Expenses FY 16/17 $2,172.50 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 5/20/2015 Subtotal Expenses FY 15/16 $35,712.75 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 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 $180,738.02 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services $4,090.00 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 6/19/2018 Peter O'Bryan-PSC meeting Tallahassee $98.00 6/19/2018 Peter O'Bryan-PSC meeting Tallahassee $353.39 6/19/2018 Tim Zorc-PSC meeting -Tallahassee $380.74 3/21/2018 Tim Zorc-FMPA meeting -Orlando $97.82 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 $1,129.82 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 9 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Total expenses FY 17/18 $1,129.82 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 8/6/18 $337,048.69 Remaining Balance $67,779.31 10 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 $67,779.31 10 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar 7l1 Community Office Hours Event Aug 16 @ North IRC Library: • l0am- One on one with Commissioner Susan Adams Special Olympics Area Games - Swim Meet www.ircrec.com/ncac Aug 18 @ North County Aquatic Center: • 7:45am - 4pm, VOLUNTEERS NEEDED! Go to Event Calendar. Private Event Aug 18 @ Fairgrounds: • 4pm - 11 pm South County Community Meeting Sep 10 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan First Responders Fall Cookoff Sep 15 @ Fairgrounds: • 5 - 9pm Cookoff — open to public, music, etc. Community Office Hours Event Sep 20 @ North IRC Library: • l0am- One on one with Commissioner Susan Adams Vero Beach Gun Show www.patriotshows.com Sep 29-30 @ IRC Fairgrounds: • Saturday 9am-5pm • Sunday 9am-4pm South County Community Meeting Oct 1 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan 11 Special Olympics Aquatic Championship www.ircrec.com/ncac Oct 6-7 @ North County Aquatic Center: • 8am - 3pm, VOLUNTEERS NEEDED! Touch ATruck by Kindergarten Readiness Collaborative www.krcirc.org Oct 6 @ IRC Fairgrounds: • Saturday l Oam-2pm - Big Trucks to explore, fun for the whole family. Treasure Coast Boat Show, Marine Flea Market & Seafood Festival Oct 13-14 @ IRC Fairgrounds: www.treasurecoastboatshow.net • 9am-5pm: Sat and Sun. Community Office Hours Event Oct 18 @ North IRC Library: I oam- One on one with Commissioner Susan Adams 12 '" Cr HONOR Tunnel r.Towue'rs OUR 5K RUM & WALK BRAVEST YVRO OCACH I i 1 FOLLOW THE FOOTSTEPS OF 9I11 HERO, FIREFIGHTER STEPHEN SILLER TO ENSURE THAT WE NEVER FORGET AND HONOR THE SACRIFICES OF OUR FIRST RESPONDERS AND MILITARY HEROES. SATURDAY, SEPT. 8, 2018, 1:30 AM RIVERSIDE PARK 3001 RIVERSIDE PARK DRIVE, VERO BEACH, FL 329R3 All proceeds will benefit the Stephen Siler Tunnel to Towers Foundation, includirr,gaurSmsui Name�T Program, which builds specially adapted, custom designed homes for our notion's most catastrophically injured serrice members. 1 } � J }4 1 j "R I i 1 FOLLOW THE FOOTSTEPS OF 9I11 HERO, FIREFIGHTER STEPHEN SILLER TO ENSURE THAT WE NEVER FORGET AND HONOR THE SACRIFICES OF OUR FIRST RESPONDERS AND MILITARY HEROES. SATURDAY, SEPT. 8, 2018, 1:30 AM RIVERSIDE PARK 3001 RIVERSIDE PARK DRIVE, VERO BEACH, FL 329R3 All proceeds will benefit the Stephen Siler Tunnel to Towers Foundation, includirr,gaurSmsui Name�T Program, which builds specially adapted, custom designed homes for our notion's most catastrophically injured serrice members. J)• johns island club Brian R. Kroh General Manager AUgUSt 1. 2018 Mr. Peter -D. O'.Bryan Chairman, County Commission Indian River County Administration Office 1801 27th Street Vero Beach, Florida 32960 Dear Mr. O'Bryan: 7J, REC_,E l , AUG 0 7 20-18 BOARD OF Ct`)U.NTN' I ain '%\TitinQ to let you know the John's Island Club is not able to host the "Public Safet- DaV" golf outing this year. Among* other things, there are numerous clubhouse and golf ZF course construction projects in process, including renovation of our.South Course. 4 The Club recognizes and greatly appreciates all the hard work of public safety staff in Vero Beach, Sebastian, Fellsmere. Indian .River Shores, Indian River County and John's Island Security. We look forward to hosting the event in 2019. Sincerely, Brian R. Kroh General Mana<_er i;��;riercf S2rvi�as _ Hum anfesourm 0N..R Public,forks Recreation Utilities Services Other ad_ ,Ioltit 1.4wid Driv,-, vz> Indi.m R-Ymer S'Itores, Flot ida 3_':'x:3 - (772) 2:31-45.500 - la-(Vi0jolutsfslandclub.orS4 August 14, 2018 ITEM 7 �< INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 8, 2018 SUBJECT: Letter to Public Service Commission re: Sale of COVB Electric FROM: Peter O'Bryan Commissioner, District 4 The accompanying letter was mailed to members of the Florida Public Service Commission regarding the sale of COVB Electric to FPL. Letter provided for back-up. 15 BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan ER e, Susan Adams District 4 O� District 1 Chairman Tint Zorc Bob Solari District 3 District 5 Vice -Chairman ORA Joseph E. Flescher District 2 Wedncsday August 8th, 2018 Chairman Art Graham Public Service Commission of Florida 2540 Shumard Oak Boulevard Tallahassee, FL 32311 RE: In Te: Petition by Florida Power & Light Company (FPL) for authority to charge FPL rates to former City of Vero Beach customers and for approval of FPL`s accounting treatment for City of Vero Beach transaction. Docket No. 20170235 -EI, In re: Joint petition to terminate territorial agreement, by Florida Power & Light and the City of Vero Beach. Docket No. 20170236 -EU. Dear Chairman Graham, As Chairman of the Indian River County Board of County Commissioners, and representing both current FPL customers and future FPL customers, I am writing to you to continue the support of the July 2, 2018 Order approving the sale of the City of Vero Beach (COVB) electric system to FPL as structured. It is very unfortunate that a very few disgruntled former City officials and employees, plus unnamed outside entities, have filed petitions to attempt to block or delay the closing of the sale, originally scheduled for October 15t, 2018. Both the petitions by the Civic Association of Indian River County, Inc. and Brian Heady claim that no "exceptional circumstances" exist since out of city residents in both the Town of Indian River Shores and the unincorporated county, have "full voting representation on the City's Utility Commission". It is important to note that the City Utility Conunission is advisory in nature only and is not a true Utility Commission. These petitioners also claim of "a dire burden 18012 7" Street, Building A Vero Beach, FL 32960 (772) 226-1490 16 August 8, 2018 p. 2 on the City taxpayers" and threats. of city bankruptcy. These are all false and unproven exaggerations being used in a scare tactic manner. The Florida Industrial Power Users Group (FIPUG) petition claims that their members will be burdened with "a rate increase to pay for the premium FPL intends to pay the COVB for its electric system". This too is a false and unproven exaggeration. FPL has in no way indicated that there would be any rate increase. I hope the PSC will consider the real cost of these petitions to the current COVB ratepayers. The COVB and FPL have a closing date scheduled for October 1, 2018, at which time COVB customers will start receiving FPL rates immediately. PSC staff has calculated a $27 per month savings for COVB customers once they switch to FPL. With 35,000 customers, a one month delay in the closing because of the petitions will cost COVB customers $945,000.00. At $31,500 per day, just the 11 day delay until the hearing will cost those customers $346,500.00. These are real dollars based on a calculation by your staff, not some hypothetical scare tactic claim as in the petitions. Many of us who have worked hard on the sale and are extremely disappointed will once again be travelling to Tallahassee for the hearing. I hope that you will again extend us the courtesy to allow our voices to be heard. I clearly remember the words that Commissioner Brown spoke during her Invocation, praying that the PSC "make fair and balanced decisions". On July 20, the PSC made a fair and balanced decision. I urge you for a similar outcome on October 10ffi and 1 l `h. Sincerely, 1 �l Peter O'Bryan Chairman, Indian River County Board of County Commissioners. CC: Commissioner Julie Brown Commissioner Gary Clark Commissioner .Donald Polmann Commissioner Andrew Fay 17 August 14, 2018 ITEM 7L_ INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 8, 2018 SUBJECT: Inclusion within the Service Area of Foreign Trade Zone #218 FROM: Peter O'Bryan Commissioner, District 4 The accompanying letter was mailed as indicated on the letter regarding inclusion of Indian River County to the Treasure Coast Foreign Trade Zone #218. Letter provided for back-up. I: Peter D. O'Bryan District 4 Chairman Bob Solari District 5 Vice -Chairman August 8, 2018 BOARD OF COUNTY COMMISSIONERS The Treasure Coast Foreign Trade Zone #218 St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 32982 Dear Chairwoman Frannie Hutchinson: Susan Adams District 1 Tin: Zorc District 3 Joseph E. Flescher District 2 On behalf of the Indian River County Board of County Commissioners, I am writing this letter to document the support of Indian River County for inclusion within the Service Area of Foreign - Trade Zone (FTZ) #218. We understand that this means that the grantee, The Treasure Coast Foreign Trade Zone, will be able to apply to the Foreign -Trade Zones Board for authority to serve sites located within this county based on businesses' trade -related needs. We also note that the zone will be made available on a uniform basis to companies within this county, in a manner consistent with the legal requirement that each FTZ be operated as a public utility. Regarding state or local taxes for which collections may be affected by FTZ designation of sites, this letter is not intended to provide a position on state or local tax issues for any site within this jurisdiction. At the time that any specific site is proposed for FTZ designation, parties potentially affected by the site's proposed designation (such as a local school board) will need to provide their own correspondence indicating their views on the impact on tax collections related to the proposed designation. Sincerely, t eter D. O'Bryan, Chairm� Indian River Board of County Commissioners CC: Howard Tipton, County Administrator Dan McIntyre, County Attorney Nicole Fogarty, Legislative Affairs Manager 1801 27m Street, Building A Vero Beach, FL 32960 (772) 226-1490 19 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27t' Street Vero Beach, FL 32960 t1 & COMP U 9 o Q TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISS . NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 12, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 6, 2018 to July 12, 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 July 6, 2018 to July 12, 2018. 20 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 369432 07/06/2018 KRAUS ASSOCIATES INC 10,185.94 369433 07/12/2018 COASTAL DOORS INC 1,165.00 369434 07/12/2018 CATHCOINC 4,995.00 369435 07/12/2018 PORT CONSOLIDATED INC 1;563.80 369436 07/12/2018 STURGIS LUMBER & PLYWOOD CO 1,055.13 369437 07/12/2018 JORDAN MOWER INC 152.88 369438 07/12/2018 COMMUNICATIONS INTERNATIONAL 181,790.11 369439 07/12/2018 TEN -8 FIRE EQUIPMENT .INC 600.00 369440 07/12/2018 RANGER CONSTRUCTION IND INC 384.82 369441 07/12/2018 VERO CHEMICAL DISTRIBUTORS INC 165.00 369442 07/12/2018 RICOH USA INC 366.87 369443 07/12/2018 RICOH USA INC 26.41 369444 07/12/2018 VELDE FORD INC 763.52 369445 07/12/2018 SAFETY PRODUCTS INC 89.87 369446 07/12/2018 E -Z BREW COFFEE & BOTTLE WATER SVC 41.42 369447 07/12/2018 GRAINGER 495.07 369448 07/12/2018 KELLY TRACTOR CO 4,678.32 369449 07/12/2018 SAFETY KLEEN SYSTEMS INC 130.00 369450 07/12/2018 AMERIGAS EAGLE PROPANE LP 497.03 369451 07/12/2018 AMERIGAS EAGLE PROPANE LP 1,907.63 369452 07/12/2018 LFI FORT PIERCE INC 916.82 369453 07/12/2018 SWE INC 325.00 369454 07/12/2018 DEEP SIX DIVE SHOP INC 18.00 369455 07/12/2018 BOUND TREE MEDICAL LLC 1,405.06 369456 07/12/2018 EXPRESS REEL GRINDING INC 2,200.00 369457 07/12/2018 TIRESOLES OF BROWARD INC 619.95 369458 07/12/2018 CITY ELECTRIC SUPPLY 170.40 369459 07/12/2018 DELL MARKETING LP 159.00 369460 07/12/2018 ATKINS NORTH AMERICA INC 2,780.90 369461 07/12/2018 GO COASTAL INC 180.00 369462 07/12/2018 CLERK OF CIRCUIT COURT 80.34 369463 07/12/2018 CITY OF VERO BEACH 9,695.82 369464 07/12/2018 CHAPTER 13 TRUSTEE 201.08 369465 07/12/2018 INDIAN RIVER COUNTY SHERIFF 30.00 369466 07/12/2018 FLORIDA GOVERNMENT FINANCE 36.00 369467 07/12/2018 FLORIDA DEPT OF TRANSPORTATION 82.84 369468 07/12/2018 JANITORIAL DEPOT OF AMERICA INC 322.34 369469 07/12/2018 FLORIDA DEPT OF EDUCATION 271.04 369470 07/12/2018 HENRY FISCHER & SONS INC 1,845.00 369471 07/12/2018 ACUSHNET COMPANY 3,558.38 369472 07/12/2018 STEPHEN LOPOLITO 16.10 369473 07/12/2018 FEDERAL EXPRESS CORP 17.59 369474 07/12/2018 FEDERAL EXPRESS CORP 32.94 369475 07/12/2018 FEDERAL EXPRESS CORP 46.36 369476 07/12/2018 FEDERAL EXPRESS CORP 50.13 369477 07/12/2018 MORGANN' & EKLUND INC 22,770.00 369478 07/12/2018 FLORIDA POWER AND LIGHT 4.572.83 369479 07/12/2018 FLORIDA POWER AND LIGHT 1,735.61 369480 07/12/2018 FLORIDA POWER AND LIGHT 2,213.59 369481 07/12/2018 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 179.01 369482 07/12/2018 PUBLIC DEFENDER 3.341.13 369483 07/12/2018 STATE ATTORNEY 10.386.38 369484 07/12/2018 PEACE RIVER ELECTRIC COOP INC 102.69 369485 07/12/2018 LANGUAGE LINE SERVICES INC 163.75 369486 07/12/2018 TOCOMA RUBBER STAMP & MARKING SYSTEM 57.64 369487 07/12/2018 TREASURE COAST SPORTS COMMISSION INC 4,929.42 369488 07/12/2018 CHRISTOPHER S STUCKEY 60.00 369489 07/12/2018 MYLES BROWN 60.00 21 TRANS NTBR DATE VENDOR AMOUNT 369490 07/1212018 HENRY SMITH 140.00 369491 07/12/2018 PITNEY BOWES INC 669.13 369492 07/12/2018 ALAN C KAUFFMANN 40.00 369493 07/12/2018 3 BALL ENTERPRISES LLC 4,660.05 369494 07/12/2018 FLORIDA DEPT OF FINANCIAL SERVICES 16.295.77 369495 07/12/2018 VORTECH PHARMACEUTICALS LTD 219.75 369496 07/12/2018 INDIAN RIVER COUNTY BAR ASSOCIATION INC 125.00 369497 07/12/2018 HOMETOWN NEWS 678.00 369498 07/12/2018 US DEPT OF THE TREASURY -FMS 8_.237.70 369499 07/12/2018 MICHAEL QUIGLEY 160.00 369500 07/12/2018 ED SCHLITT LC 621.00 369501 07/12/2018 RUSSELLPAYNE INC 238.33 369502 07/12/2018 TRANE US INC 15,884.75 369503 07112/2018 CELICO PARTNERSHIP 997.17 369504 07/12/2018 ANN RANKIN 367.88 369505 07/12/2018 CINTAS CORPORATION NO 2 240.24 369506 07/12/2018 VAN WAL INC 328.00 369507 07/12/2018 SYNAGRO-W1kT INC 61,665.04 369508 07/12/2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 369509 07/12/2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 369510 07/12/2018 FASTENAL COMPANY 217.64 369511 07/12/2018 COASTAL TECHNOLOGY CORPORATION 2,604.49 369512 07/12/2018 SOUTHERN JANITOR SUPPLY INC 4.611.63 369513 07/12/2018 M T CAUSLEY INC 22.187.50 369514 07/12/2018 MBV ENGINEERING INC 1,935.00 369515 07/12/2018 MICHAEL ZITO 112.33 369516 07/12/2018 STAPLES CONTRACT & COMMERCIAL INC 282.99 369517 07/12/2018 STAPLES CONTRACT & COMMERCIAL INC 474.93 369518 07/12/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 294.99 369519 07/12/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 298.99 369520 07/12/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 166.83 369521 07/12/2018 MAYAMILLER 19.85 369522 07/12/2018 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 8,318.27 369523 07/12/2018 LARRY STEPHENS 60.00 369524 07/12/2018 RF CONCRETE CONSTRUCTION INC 75.00 369525 07/12/2018 PETER OBRYAN 104.13 369526 07/12/2018 JOHNNY B SMITH 130.00 369527 07/12/2018 FISHER & PHILLIPS LLP 4,134.00 369528 07/12/2018 FISHER & PHILLIPS LLP 3.524.80 369529 07/12/2018 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 2,611.20 369530 07/12/2018 KWACKS INC 16,309.08 369531 07/12/2018 SAID S MOOBARK 500.00 369532 07/12/2018 GARRETT SMITH 80.00 369533 07/12/2018 WEST CONSTRUCTION INC 213,528.15 369534 07/12/2018 BRENNTAG MID -SOUTH INC 5,754.45 369535 07/12/2018 GHO HOMES CORPORATION 66,956.36 369536 07/12/2018 CREATTIVE POWER SOLUTIONS INC 975.39 369537 07/12/2018 TORRES ELECTRICAL SUPPLY COMPANY INC 827.00 369538 07/12/2018 ECMC 282.67 369539 07/12/2018 YOUR AQUA INSTRUCTOR LLC 140.00 369540 07/12/2018 TREKKER TRACTOR LLC 158.20 369541 07/12/2018 CIT FINANCE LLC 186.21 369542 07/12/2018 ALAN JAY CHEVROLET CADILLAC 23.323.25 369543 07/12/2018 HEATHER HATTON 110.00 369544 07/12/2018 CLOSE CONSTRUCTION LLC 52,230.00 369545 07/12/2018 TIM ZORC 155.23 369546 07/12/2018 LOWES HOME CENTERS INC 677.69 369547 07/12/2018 KELLY LORRAINE HAMLIN 80.00 369548 07/12/2018 TRV ADVERTISTING & MARKETING INC 249.42 369549 07/12/2018 IMPECCABLE SIGNS .INC 1,133.50 22 TRANS NBR DATE VENDOR AMOUNT 369550 07/12/2018 SOUTHERN MANAGEMENT LLC 5,845.50 369551 07/12/2018 DEBORAH CUEVAS 120.00 369552 07/12/2018 DYLAN REINGOLD 108.89 369553 07/12/2018 SUSAN ADAMS 232.59 369554 07/12/2018 FAMILY SUPPORT REGISTRY 9.66 369555 07/12/2018 THE LAW OFFICES OF 1,301.00 369556 07/12/2018 HAWKIN'S INC 1,05850 369557 07/12/2018 COSTELLO BROTHERS MARINE CONSTRUCTION INC 16,279.60 369558 07/12/2018 BAUER INTERNATIONAL PURVEYORS LLC 1.299.00 369559 07/12/2018 INNOVATIVEINTERFACESINC 46,785.51 369560 07/1212018 UNIFIRST CORPORATION 217.31 369561 07/12/2018 WILSON SPORTING GOODS CO 244.29 369562 07112/2018 ADVANCE STORES COMPANY INCORPORATED 442.58 369563 07/1212018 NORTH AMERICAN OFFICE SOLUTIONS INC 58.90 369564 07/12/2018 EZLINKS GOLF LLC 300.00 369565 07/1212018 SHEILA O'SULLIVAN 4.23 369566 07/1212018 EAST COAST RECYCLING INC 19,_600.00 369567 07/12/2018 CRYSTAL -JAMES 53.40 369568 07/1212018 PEOPLE'READY INC 1,671.44 369569 07/12/2018 COLE AUTO SUPPLY INC 1,191.84 369570 07/12/2018 RHOADES AIR & HEAT 658.00 369571 07/12/2018 NORTH CAROLINA DEPARTMENT OF REVENUE 104.35 369572 07/12/2018 BETH NOLAN 75.00 369573 07/12/2018 QUIKRETE HOLDINGS INC 166.30 369574 07/12/2018 ADVANCED ROOFING INC 25,126.29 369575 07/12/2018 THOMAS R.PILIERO 16.00 369576 07/12/2018 AQUATIC SYNERGY LLC 190.00 369577 07/1212018 WHITTCHENOWITH 80.00 369578 07/12120/8 RELX INC 50.00 369579 07/12/2018 APTIM COASTAL PLANNING & ENGINEERING INC 7,273.17 369580 07/12/2018 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1.444.00 369581 07/12/2018 APTIM .ENVIRONMENTAL & INFRASTRUTURE INC 26.223.39 369582 07/12/2018 CONCRETE CONSERVATION INC 89.210.00 369583 07/12/20I8 VIKING LANDSCAPING LLC 7,500.00 369584 07/1212018 PICKLEBALLUNIVERSITY INC 492.00 369585 07/1212018 JESSICA PHOTOGRAPHY & VIDEO INC. 675.00 369586 07/12/2018 HOOSIER CUSTOM PLASTICS LLC 524.00 369587 07/121.2018 SARAH BOWEN 100.00 369588 07/12/2018 STACEY V1'I.LLIAMS 80.00 369589 07/1212018 RAMONAMURP14Y 52.00 369590 07/12/2018 SHIRRECKA CLEMOND 70.16 369591 07/12/2018 AMANDA MUNIZ 106.80 369592 07/12/2018 GEORGE A REINA 500.00 369593 07/12/2018 COMMUNICATIONS INTERNATIONAL 23264.62 369594 07/12/2018 CITY OF V'ERO.BEACH 591,024.55 369595 07/12/2018 FLORIDA DEPARTMENT OF BUSINESS AND 19,494.92 369596 07/1212018 FLORIDA FISH & WILDLIFE 5,814.83 Grand Total: 1,199,315.56 23 TRANS NBR 6047 6048 6049 6050 6051 6052 6053 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 07/06/2018 07/06/2018 07/09/2018 07/1 M10 18 07/11/2018 07/11/2018 07/12/2018 VENDOR CDM SMITH INC C E R SIGNATURE CLEANING C E R SIGNATURE CLEANING, RX BENEFITS INC FLORIDA DEPARTMENT OF BUSINESS AND TOTALADMNISTRATIVE SERVICES CORP FIRST AMERICAN TITLE INSURANCE CO A110UNT 19,860.60 5,,250.00 3,680.00 219,419.18 14,378.18 10,942.44 10,000.00. 24 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1013551 07/11/2018 .EVERGLADES FARM EQUIPMENT CO INC 646.44 1013552 07/11/2018 COPYCOINC 227.70 1013553 07/11/2018 HELENA CHEMICAL 814.01 1013554 07/11/2018 INDIAN RIVER BATTERY 616.35 1013555 07/.11/2018 INDIAN RIVER OXYGEN INC 2,187.50 ,1013556 07/11/2018 MIKES GARAGE & WRECKER SERVICE INC 85.00 1013557 07/11/2018 ABCO GARAGE DOOR CO INC 2,120.00 .1013558 07/11/2018 SOUTHERN COMPUTER WAREHOUSE 2,402.06 I013559 07/11/2018 WIGINTON CORPORATION 923.00 1013560 07/11/2018 TOTAL TRUCK PARTS INC 291.88 1013561 07/11/2018 COMPLETE ELECTRIC INC 3,227.50 1013562 67/11/2018 THOMPSON TRACTOR 433.95 1013563 07/11/2018 METRO FIRE PROTECTION SERVICES INC 199.00 1013564 07/11/2018 PROTRANSMAST.ERS 11 INC 502.11 1013565 07/11/2018 AUTO PARTNERS LLC 266.23 1013566 07/11/2018 PACE ANALYTICAL SERVICES INC 108.00 1013567 07/12/2018 OFFICE DEPOT BSD CUSTOMER SVC 2,115.89 10133568 07/12/2018 WASTE MANAGEMENT INC 6,797.90 Grand Total: 23,964.52 25 s i JEFFREY R. SMITH, CPA, CGFO, CGM.A Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 & compr ! U p 4 Q , V /t, yf,. FR CQUNS TO: HONORABLE BOARD OF COUNTY COMMISSIONERS z FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 19, 2018 i SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS i' July 132018 to July 19, 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 July 13, 2018 to July 19, 2018. 26 CHECKS WRITTEN TRANS .NBR DATE VENDOR AMOUNT 369597 07/13/2018 INDIAN RIVER COUNTY HEALTH DEPT 520.80 369598 07/13/2018 CITY OF VERO BEACH 25,316.95 369599 07/13/2018 FLORIDA POWER AND LIGHT 1,939.85 369600 07/13/2018 BIKE WALK INDIAN RIVER COUNTY INC 7,31250 369601 07/1912018 UTIL REFUNDS 69.76 369602 07/19/2018 UTIL REFUNDS 79.90 369603 07/19/2018 UTIL REFUNDS 29.11 369604 07/19/2018 UTIL REFUNDS 51.19 369605 07/19/2018 UTIL REFUNDS 328.79 369606 07/19/2018 UTILREFUNDS 60.64 369607 07/19/2018 UTIL REFUNDS 12.06 369608 07/19/2018 UTIL REFUNDS 28.06 369609 07/19/2018 UTIL REFUNDS 78.47 369610 07/19/2018 UTIL REFUNDS 27.88 369611 07/1912018 UT1L REFUNDS 34.24 369612 07/1912018 UTIL REFUNDS 66.19 369613 07/1912018 UTILREFUNDS 66.80 369614 07/19/2018 UTIL REFUNDS 75.32 369615 07/19/2018 UTILREFUNDS 45.74 369616 07/19/2018 UTIL REFUNDS 12.16 369617 07/19/2018 UTIL REFUNDS 36.96 369618 07119/2018 UTIL REFUNDS 176.73 369619 07/19/2018 UTIL REFUNDS 90.98 369620 07/19/2018 UTIL REFUNDS 39.19 369621 07/19/2018 UTIL ILEFUNDS 35.88 369622 07/19/2018 UTIL REFUNDS 63.81 369623 07/19/2018 UTIL REFUNDS 28.99 369624 07/19/2018 UTIL REFUNDS 36.69 369625 07/19/2018 UTIL REFUNDS 18.43 369626 07/19/2018 UTIL REFUNDS 514.24 369627 07/19/2018 UTILREFUNDS 100.34 369628 07/19/2018 UTIL .REFUNDS 32.19 369629 07/19/2018 UTIL REFUNDS 62.59 369630 07119/2018 UTIL REFUNDS 1433 369631 07119/2018 UTILREFUNDS 19.86 369632 07/19/2018 UTIL REFUNDS 71.34 369633 07/19/2018 UTIL REFUNDS 60.59 369634 07/19/2018 UTIL REFUNDS 55.69 369635 07/19/2018 UTILREFUNDS 102.01 369636 07/19/2018 UTIL REFUNDS 33.59 369637 07/19/2018 UTIL REFUNDS 39.10 369638 07/19/2018 UTIL REFUNDS 32.21 369639 07/1912018 UTI.L REFUNDS 40.96 369640 07/19/2018 UTIL REFUNDS 33.21 369641 07/19/2018 UTIL REFUNDS 68.38 369642 07/19/2018 UTILREFUNDS 73.70 369643 07119/2018 UTIL REFUNDS 8.52 369644 07119/2018 UTIL REFUNDS 5.36 369645 07/19/2018 UTIL REFUNDS 28.67 369646 07/19/2018 PORT CONSOLIDATED INC 41.701.13 369647 07119/2018 JORDAN MOWER INC 482.67 369648 07/1912018 SSES INC 970.09 369649 07/1912018 TEN -8 FIRE EQUIPMENT INC 3,919.36 369650 07/19/2018 VERO CHEMICAL DISTRIBUTORS INC 87.00 369651 07/19/2018 HENRYSCHEIN.INC 1,122.00 369652 07/19/2018 AT&T WIRELESS 663.22 369653 07/19/2018 PARALEE COMPANY INC 500.00 369654 07/19/2018 E -Z BREW COFFEE R BOTTLE WATER SVC 40.00 27 TRANS NBR DATE VENDOR AMOUNT 369655 07/19/2018 KELLY TRACTOR CO 6,518.16 369656 07/19/2018 MY RECEPTIONIST INC 369.82 369657 07/19/2018 AMERIGAS EAGLE PROPANE LP 59.99 369658 07/19/2018 AMERIGAS EAGLE PROPANE LP 149.00 369659 07/19/2018 CLIFF BERRY INC 920.80 369660 07/19/2018 BOUND TREE MEDICAL LLC 1,235.10 369661 07/19/2018 PETES CONCRETE 850.00 369662 07/19/2018 VERO INDUSTRIAL SUPPLY INC 73.80 369663 07/19/2018 EXPRESS REEL GRINDING INC 3,500.00 369664 07/19/2018 TIRESOLES OF BROWARD INC 1,946.72 369665 07/19/2018 CITY ELECTRIC SUPPLY 449.71 369666 07/19/2018 CARTER ASSOCIATES INC 1,389.24 369667 07/19/2018 BILL BRYANT & ASSOCIATES INC 6,183.00 369668 07/19/2018 DELL MARKETING LP 1,485.95 369669 07/19/2018 BAKER & TAYLOR INC 1,116.69 369670 07/19/2018 MIDWEST TAPE LLC 915.29 369671 07/19/2018 MICROMARKETING LLC 621.66 369672 07/19/2018 BAKER DISTRIBUTING CO LLC 104.88 369673 07/19/2018 COMMUNITY ASPHALT CORP 343,872.28 369674 07/19/2018 SUNSHINE REHABILATION CENTER OF IRC INC 3,340.00 369675 07/19/2018 CREATIVE CHOICE HOMES XVI LTD 1,047.81 369676 07/19/2018 CLERK OF CIRCUIT COURT 64.00 369677 07/19/2018 CLERK OF CIRCUIT COURT 80.00 369678 07/19/2018 CLERK OF CIRCUIT COURT 1,833.35 369679 07/19/2018 INDIAN RIVER COUNTY HEALTH DEPT 18,483.93 369680 07/19/2018 CITY OF VERO BEACH 14,104.94 369681 07/19/2018 CITY OF VERO BEACH 729.81 369682 07/19/2018 UNITED PARCEL SERVICE INC 806.06 369683 07/19/2018 FLORIDA GOVERNMENT FINANCE 35.00 369684 07/19/2018 FLORIDA GOVERNMENT FINANCE 105.00 369685 07/19/2018 FLORIDA GOVERNMENT FINANCE 18.00 369686 07/19/2018 JANITORIAL DEPOT OF AMERICA INC 378.66 369687 07/19/2018 TREASURE COAST HOMELESS SERVICES 12,923.18 369688 07/19/2018 PUBLIX SUPERMARKETS 206.92 369689 07/19/2018 ACUSHNET COMPANY 62.88 369690 07/19/2018 INTERNATIONAL GOLF MAINTENANCE INC 990.00 369691 07/19/2018 CULTURAL COUNCIL OF IRC 3,332.00 369692 07/19/2018 WEST PUBLISHING CORPORATION 415.64 369693 07/19/2018 FEDERAL EXPRESS CORP 94.78 369694 07/19/2018 FLORIDA FIRE CHIEFS ASSOCIATION 95.00 369695 07/19/2018 TIMOTHY ROSE CONTRACTING INC 16,600.00 369696 07/19/2018 CALLAWAY GOLF SALES COMPANY 90.87 369697 07/19/2018 FLORIDA POWER AND LIGHT 44,895.80 369698 07/19/2018 FLORIDA BLUE 1.091.91 369699 07/19/2018 PHILLIP J MATSON 92.56 369700 07/19/2018 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,561.92 369701 07/19/2018 CITY OF FELLSMERE 206.66 369702 07/19/2018 PEACE RIVER ELECTRIC COOP INC 198.98 369703 07/19/2018 NEW HORIZONS OF THE TREASURE COAST 25.127.50 369704 07/19/2018 US KIDS GOLF LLC 46.30 369705 07/19/2018 CATHOLIC CHARITIES DIOCESE OF PALM BCH 3,330.77 369706 07/19/2018 STRUNK FUNERAL HOMES & CREMATORY 425.00 369707 07/19/2018 JASON E BROWN 11.88 369708 07/19/2018 FLORIDA DEPT OFENVIRONMENTAL PROTECTION 1,500.00 369709 07/19/2018 TROY FAIN INSURANCE INC 124.35 369710 07/19/2018 ESRI INC 1,500.00 369711 07/19/2018 ALAN C KAUFFMANN 220.00 369712 07/19/2018 NAEMT 120.00 369713 07/19/2018 INDIAN RIVER COUNTY HISTORICAL 560.96 369714 07/19/2018 CHILD.RENS HOME SOCIETY OF FL 1.000.00 28 TRANS NBR DATE VFNDOR Ai\'10UNT 369715 07/19/2018 VERO CLUB PARTNERS LTD 522.00 369716 07/19/2018 CAROLINA SOFTWARE INC 500.00 369717 07/19/2018 FORT PIERCE HOUSING AUTHORITY 165.29 369718 07/1912018 INDIAN RIVER COUNTY HOUSING AUTHORITY 372.00 369719 07/19/2018 BRIDGESTONE AMERICAS INC 1,235.80 369720 07/19/2018 PELICAN ISLAND AUDUBON SOCIETY INC 5,523.43 369721 07/19/2018 SUNQUEST INC 319.00 369722 07/19/2018 MARONDA HOMES INC OF FLORIDA 6,694.47 369723 07/19/2018 THE PALMS AT VERO BEACH 597.00 369724 07/19/20.18 MICHAEL K VERNON 105.00 369725 07/19/2018 JUDY LEY 9.50 369726 07/19/2018 CELICO PARTNERSHIP 2,858.60 369727 07/19/2018 CINTAS CORPORATION NO 2 104.54 369728 07/19/2018 VAN WAL INC 300.00 369729 07/19/2018 SOUTIIERN JANITOR SUPPLY INC 912.03 369730 07/.19/2018 JOHNS EASTERN COMPANY INC 51.500.00 369731 07119/2018 OCLC ONLINE COMPUTER LIBRARY CENTER 436.66 369732 07/1912018 STAPLES CONTRACT & COMMERCIAL INC 156.42 369733 07/19/2018 GERLLCOM INC 8,046.56 369734 07/19/2018 COMMUNICATIONS BROKERS & CONSULTANTS INC 3.43 369735 07/19/2018 JOHNNY B SMITH 170.00 369736 07119/2018 CHARLES A WALKER 80.00 369737 07/19/2018 INDIAN RIVER RDA LP 127.00 369738 07/19/2018 STEFANIE THOMAS 128.64 369739 07/19/2018 0 DONNELL, CATHERINE 2,139.59 369740 07/19/2018 FIORELI.,A LAM 35.00 369741 07/19/2018 VITTORIOS P17 -7-A 1,088.65 369742 07/19/2018 TRENT LEYDA 100.00 369743 07/19/2018 ULF TEIE 358.85 369744 07/19/2018 KWACKS INC 2,583.89 369745 07/19/2018 YOUTH GUIDANCE DONATION FUND 2,083.33 369746 07/19/2018 NICOLACE MARKETING INC 5.575.00 369747 07/19/2018 SANDY ARACENA 120.00 369748 07/1912018 HELPING ANIMALS LIVE -OVERCOME 21.00 369749 07/19/2018 WITTENBACH BUSINESS SYSTEMS INC 200.00 369750 07/19/2418 ATLANTIC COASTAL LAND TITLE CO LLC 125.00 369751 07/19/2018 K.EMPER BUSINESS SYSTEMS 30.25 369752 07/19/2018 TIMOTHY L BECHTOLD 2,275.00 369753 07/19/2018 BOULEVARD TIRE CENTER 1,541.76 369754 07/19/2018 JANCY PET BURIAL SERVICE INC 63.75 369755 07/19/2018 YOUR AQUA INSTRUCTOR LLC 250.00 369756 07/19/2018 RAFAEI_ L ATKINS 500.00 369757 07/19/2018 REPROGRAPHIC SOLUTIONS INC 7.80 369758 07/1912018 BRYAN KLASSEN 150.00 369759 07/19/2018 LOWES HOME CENTERS INC 2,074.28 369760 07/19/2018 CARDINAL HEALTH 110 INC 145.04 369761 07/1912018 MUNICIPAL. EMERGENCY SERVICES INC 264.00 369762 07/19/2018 KELLY LO'RRAINE HAMLIN 280.00 369763 07/19/2018 ALEX MIKLO 110.00 369764 07119/2018 SOUTHWIDE INDUSTRIES INC 11,315.40 369765 07/19/2018 LEARNING ALLIANCE 5,649.98 369766 07/1912018 SOUTHERN MANAGEMENT LLC 20,000.00 369767 07/1912018 DEBORAH CUE -VAS 60.00 369768 07/19/2018 KATE P COTNER 306.85 369769 07/1912018 SAMBA HOLDINGS INC 1,590.34 369770 07/19/2018 REI ENGINEERS INC 2,235.00 369771 07/19/2018 SHAWN MAKSIM 68.00 369772 07/19/2018 !NAPIER & .ROLLIN PLLC 465.00 369773 07/19/2018 BRYAN CAVE LLP 14,257.36 369774 07/19/2018 CHADWICK PRESTON SMALLEY 1.468.00 29 TRAINS I\BR DATE VENDOR AMOUNT 369775 07/19/2018 RONALD NICHELSON 60.00 369776 07/19/2018 FOUNDATION FOR AFFORDABLE RENTAL 770.00 369777 07/19/2018 SYLIVIA'MILLER 2,320.00 369778 07/19/2018 ANFIELD CONSULTING GROUP INC 10,000.00 369779 07/19/2018 KAMAN.INDUSTRIALTECHNOLOGIES CORPORATION 2.203.64 369780 07/19/2018 FARONICS TECHNOLOGIES USA INC 2,100.00 369781 07/19/2018 SCRIPPS NP OPERATING LLC 320.48 369782 07/19/2018 SCRIPPS NP OPERATING LLC 1,274.40 369783 07/19/2018 JOSEPH DIZONNO 100.00 369784 07119/2018 JENNIFER E PROPER 140.00 369785 07/19/2018 CATHEDRAL CORPORATION 4,066.73 369786 07/19/2018 UNIFIRST CORPORATION 1,366.41 369787 07/19/2018 EGP;DOCUMENT SOLUTIONS LLC 789.15 369788 07/19/2018 AC VETERINARY SPECIALTY SERVICES 79.00 369789 07/19/2018 EDWARD I.LLIDGE 170.00 369790 07119/2018 COVERALL NORTH AMERICA INC 2._230.00 369791 07/19/2018 DEBBIE CARSON 100.00 369792 07/19/2018 PEOPLE WADY INC 15,042.96 369793 07/19/2018 ROBERT O RICHARDSON III 60.00 369794 07/19/2018 EMILY GOUGE 110.00 369795 07/19/2018 WILLIS SPORTS ASSOCIATION INC 1,529.12 369796 07/19/2018 COLE AUTO SUPPLY INC 844.86 369797 07/19/2018 CANON FINANCIAL SERVICES INC 241.24 369798 07/19/201.8 DAY DREAMS UNIFORMS INC 397.00 369799 07/19/2018 AQUATIC SYNERGY LLC 300.00 369800 07/1912018 WHITT CH.ENOWITH 60.00 369801 07/19/2018 CALVIN GIORDANO & ASSOCIATES INC 13,293.75 369802 07/19/2018 LOCKTON COMPANIES 22,375.00 369803 07/19/2018 ERIC SKALA 60.00 369804 07/19/2018 MC DERMOTT WILL& EMERY LLP 10,000.00 369805 07/19/2018 DANE CONTRACTING INC 992.00 369806 07/19/2018 THL-RNELL MILLS 60.00 369807 07/19/2018 EVANGELINE SCHOBER 20.00 369808 07/19/2018 DUVAL FORD LLC 38.894.00 369809 07/19/2018 ENGINEERED SERVICES INC 1,240.00 369810 07/19/2018 JOSEPH LORINO 120.00 369811 07/19/2018 BEST VERSION MEDIA LLC 244.00 369812 07/19/2018 S14AWN MC CLAIN 60.00 369813 07/19/2018 TAYLOR ANNE HATTON 330.00 369814 07/19/2018 KEVIN J MANNING 450.00 369815 07/19/2018 Al ASSETS INC 8,420.61 369816 07/19/2018 AMERICAN JANITORIAL. INC 2,879.13 369817 07/19/2018 MANDY GRANT 42.80 369818 07119/2018 STACEY WILLLA.MS 60.00 369819 07/19/2018 DRUG ABUSE TREATMENT ASSOCIATION 52.00 369820 07119/2018 TIFFANY WALLACE 53.40 369821 07/19/2018 KATIE PORTER 75.00 369822 07/19/2018 BRITTANY KILIAN 40.00 369823 07/19/2018 GEORGE WILSON 41.31 369824 07/19/2018 JAMES SIEWICKI 118.66 369825 07/19/2018 HOMER 14ENDERSON 240.18 369826 07/19/2018 A.LIC.IA ESPINOZA 500.00 369827 07/19/2018 INVISION DIAGNOSTICS OF FLORIDA LLC 14.364.00 369828 07/19/2018 FARROW CONTSTRUCTION CORP 9,135.00 369829 07/19/2018 UTIL REFUNDS 75.49 369830 07/1912018 UTIL REFUNDS 19.38 369831 07/19/2018 UTIL REFUNDS 51.43 369832 07/19/2018 UTIL R.FFUNDS 4.79 369833 07119/2018 UTIL.REFUNDS 13.24 369834 07/19/2018 UTIL REFUNDS 279.86 30 4 TRANS NBR DATE VENDOR AMOUNT 369835 07/19/2018 UTIL REFUNDS 83.21 369836 07/19/2018 UTIL REFUNDS 36.03 369837 07/19/2018 UTILREFUNDS 21.95 369838 07/19/2018 UTIL REFUNDS 4.79 369839 07/19/2018 UTILREFUNDS 340.61 369840 07/19/2018 UTILREFUNDS 40.36 369841 07/19/2018 UTIL REFUNDS 1.57 369842 07/1912018 UTIL REFUNDS 57.96 369843 07/19/2018 UTIL REFUNDS 80.69 369844 07/19/2018 UTIL REFUNDS 84.63 369845 07/19/2018 UTILREFUNDS 6.27 369846 07/19/2018 UTILREFUNDS 98.23 369847 07/19/2018 UTIL REFUNDS 24.45 36.9848 07/19/2018 UTIL REFUNDS 42.05 369849 07/19/2018 UTIL REFUNDS 26.15 369850 07/19/2018 UTIL REFUNDS 20.06 369851 07/19/2018 UTIL REFUNDS 62.16 369852 07/19/2018 UTILREFUNDS 40.32 369853 07/19/2018 UTIL .REFUNDS 51.26 369854 07/19/2018 UTIL REFUNDS 39.72 369855 07/19/2018 UTILREFUNDS 17.73 369856 07/19/2018 UTIL REFUNDS 69.96 369857 07/19/2018 UTILREFUNDS 38.34 369858 07/19/2018 UTIL REFUNDS 76.91 369859 07/19/2018 UTIL REFUNDS 36.95 369860 07/19/2018 UTIL REFUNDS 34.33 369861 07/19/2018 UTIL REFUNDS 13.51 369862 07/19/2018 UTIL REFUNDS 121.79 369863 07/19/2018 UTILREFUNDS 41.42 369864 07/19/2018 UTILREFUNDS 81.23 369865 07/19/2018 UTIL REFUNDS 95.64 369866 07/19/2018 UTIL REFUNDS 44.24 369867 07/19/2018 UTIL REFUNDS 219.78 369868 07/19/2018 UTIL REFUNDS 25.08 369869 07/19/2018 UTIL REFUNDS 15.58 369870 07/19/2018 UTILREFUNDS 83.05 369871 07/19/2018 UTIL REFUNDS 30.85 369872 07/19/2018 UTIL REFUNDS 23.31 369873 07/19/2018 UTIL REFUNDS 21.74 369874 07/19/2018 UTILREFUNDS 44.80 369875 07/19/2018 INDIAN RIVER COUNTY PROPERTY APPRAISER 217.99 Grand Total: 957,383.14 31 ELECTRONIC PAYMENTS - WIRE R ACH TRANS NBR DATE VENDOR AMOUNT 6054 07/13/2018 YJ Y HORN & ASSOC INC 7,885.70 6055 07/13/2018 IRC FIRE FIGHTERS ASSOC 9,468.32 6056 07/13/2018 VETERANS COUNCIL OF I R C 5,688.82 6057 07/1312018 FLORIDA DEPARTMENT OF REVENUE 2,488.96 6058 07/13/2018 FLORIDA DEPARTMENT OF REVENUE 1,563.75 6059 07/13/2018 FLORIDA' DEPARTMENT OF REVENNUE 9,360.03 6060 07/13/2018 FLORIDA DEPARTMENT OF REVENUE 4,593.44 6061 07/13/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 4,181.74 6062 07/13/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 55,628.42 6063 07/13/2018 WRIGHT EXPRESS FSC 22,542.29 6064 07/16/2018 F.I_SDU 6,183.45 6065 07/16/2018 IRS -PAYROLL TAXES 91204,45 6066 07/16/2018 IRS-PAYROLLTAXES 428,794.33 6067 07/17/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 12,950.00 6068 07/17/2018 1 R C HEALTH INSURANCE - TRUST 94,292.84 6069 07/17/2018 MUTUAL OF OMAHA 1,845.00 6070 07/17/2018 IRS -PAYROLL TAXES 941.58 6071 07/17%2018 HIGHMARK STOP LOSS 6_,563.06 6072 07/17/2018 CHARD SNYDER & ASSOCIATES 'INC 104.80 6073 07/18/2018 IRC FIREFIGHTERS ASSOC 9,588.68 6074 07/18/2018 SCHOOL DISTRICT OF ,I R COUNTY '142,268.00 6075 07/19/2018 VEROTONNN LLC 655.43 6076 07/19/2018 VEROTOVJ"N LLC 2,630.90 Grand Total: 839,423.99 32 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1013569 07/17/2018 AT&T 1,166.84 1013570 07/1712018 OFFICE DEPOT BSD CUSTOMER SVC 1,342.72 1013571 07/17/2018 WASTE MANAGEMENT INC 480.14 1013572 07/17/2018 WHEELABRATOR RIDGE ENERGY INC 3,701.75 1013573 07/1712018 COPYCOINC 54.90 1013574 07/1712018 NORTH SOUTH SUPPLY.INC 73.58 1013575 07/17/2018 RING POWER CORPORATION 558.25 1013576 07/17/2018 MIKES GARAGE & WRECKER SERVICE INC 85.00 1013577 07/17/2018 MEEKS PLUMBING INC 985.00 1013578 07/17/2018 SOUTHERN COMPUTER WAREHOUSE 330.72 1013579 07/1712018 TOTAL TRUCK PARTS INC 8.63 1013580 07/17/2018 RECHTIEN INTERNATIONAL TRUCKS 567.60 1013581 07/17/2018 METRO FIRE PROTECTION SERVICES INC 2,171.61 1013582 07/17!2018 L&LDISTRIBUTORS 86.42 1013583 07/17/2018 STAT MEDICAL DISPOSAL INC 300.00 1013584 07/17/2018 PACE ANALYTICAL SERVICES INC 156.00 1013585 07/19/2018 EVERGLADES FARM EQUIPMENT CO INC 7637 1013586 07/19/2018 COLD AIR DISTRIBUTORS WAREHOUSE 89.78 1013587 07/19/2018 INDIAN RIVER BATTERY 304.35 1013588 07/19/2018 INDIAN RIVER OXYGEN INC 2,030.25 1013589 07/19/2018 MIKES GARAGE & WRECKER SERVICE INC 230.00 1013590 07/19/2018 APPLE INDUSTRIAL SUPPLY CO 23.04 1013591 07/19/2018 GALLS LLC 639.18 1013592 07/19,12018 ABCO GARAGE DOOR CO INC 220.00 1013593 07/19/2018 ALLIED UNIVERSAL CORP 4,141.87 1013594 07/19!2018 GROVE WELDERS INC 68.00 1013595 07/19!2018 FIRST HOSPITAL LABORATORIES INC 578.20 1013596 07/19/2018 TOTAL TRUCK PARTS INC 3,611.46 1013597 07/19/2018 HD SUPPLY FACILITIES MAINTENANCE LTD 330.89 1013598 07/19/2018 COMO OIL COMPANY OF FLORIDA 16734 1013599 07/19/2018 PERKINS INDIAN RIVER PHARMACY 4.84 1013600 07/19/2018 BARKER ELECTRIC, AIR CONDITIONING 5,775.00 1013601 07/19/2018 SH.RIEVE CHEMICAL CO 41816.18 1013602 07/19/2018 METRO FIRE PROTECTION SERVICES .INC 260.00 1013603 07/19/2018 B'ENNETT AUTO SUPPLY INC 137.60 1013604 07/19/2018 AUTO PARTNERS LLC 293.07 1013605 07/19/2018 STAT MEDICAL DISPOSAL INC 440.00 1013606 07/19/2018 HYDRA SERVICE (S) INC 203.64 1013607 07/1912018 TIGHT LINE PRODUCTIONS INC 971.00 1013608 07/19/2018 IMAGENET CONSULTING LLC 210.11 1013609 07/19/2018 GUARDIAN ALARM OF FLORIDA LLC 75.00 1013610 07/1W'2018 NEXAIR LLC 415.41 Grand Total: 38,181.74 33 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 GOMPr� 1 U A i i m o ��o 9 l�y�'L`R COlfNzy� O TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE:. July 26, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 20, 2018 to July 26, 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 July 20,. 2018 to July 26, 2018. 34 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 369876 07/24/2018 PAUL CARON.E 4,096.00 369877 07/24/2018 WILLIE C REAGAN 1,746.00 369878 07!24/2018 LARRY STALEY 588.00 369879 07/24/2018 PINNACLE GROVE LTD 3.035.00 369880 07124/2018 VERO CLUB PARTNERS LTD 1.323.00 369881 07/24/2018 DAVID SPARKS 1.407.00 369882 07/24/2018 THE PALMS AT VERO BEACH 1.119.00 369883 07/24/2018 ED SCHLITT LC 359.00 369884 07/24/2018 JOHN OLIVI.ERA 716.00 369885 07/24/2018 ARTHUR PRUETT 484.00 369886 07/24/2018 MICHAELJAHOLKOWSK'I 547.00 369887 07/24/2018 LUCY B H.ENDRICKS 757.00 369888 07/24/2018 ROBERT L. BRACKETT 515.00 369889 07/24/2018 INDIAN .RIVER RDA LP 1,098.00 369890 0724/2018 SYLVESTER MC INTOSH 365.00 369891 07124/2018 PAULA WIIIDDON 553.00 369892 07242018 JAMES W DAVIS 372.00 369893 07242018 NITA EZELL 609.00 369894 07/24/2018 MISS INC O THE TREASURE COAST 2.487.00 369895 07242018 DANIEL CORY MARTIN 3,602.00 369896 07[24/201.8 FIVE STAR PROPERTY HOLDING LLC 830.00 369897 07/24/2018 MARK BAER 2.888.00 369898 0724/2018 JUAN CHAV:ES 700.00 369899 0724/2018 INDIANTOWN NON-PROFIT HOUSING INC 670.00 369900 07/24/2018 AUGUSTUS .B FORT JR 581.00 369901 07/24/2018 HRH SHADOWBROOK LLC 563.00 369902 07/24/2018 VERO BEACH PLACE LLC 3,255.00 369903 07/24!2018 GNS REAL ESTATE HOLDINGS LLC 1.353.00 369904 07/24/2018 COALITION FOR ATTAINABLE HOMES INC 1,107.00 369905 07/242018 HELPING 14AN'DS REAL ESTATE & INVESTMENT CO 4,265.00 369906 071242018 AL.IX D.ENAEAU 700.00 369907 07/242018 JOHN K GERRATO 818.00 369908 0724/2018 1135 RENTALS LLC 778.00 369909 071242018 BLUE DRAGON MANAGEMENT LLC 1,100.00 369910 07/24/2018 HOWA.RDRBRENNAN 556.00 369911 07/24/2018 NK W PIP HOLDINGS I LLC 2.889.00 369912 07/24/2018 MAXIPLEX LLC 3.779.00 369913 0724/2018 RANDY .BETHEL 1.470.00 369914 07/24/2018 KARL POKRANDT 747.00 369915 0724/2018 SPACE COAST REALTY CORP 2.400.00 369916 07/24/2018 570 13TH PLACE LLC 1,404.00 369917 07242018 BRANDON ROUER 1,881.00 369918 07/24/2018 JEANNE E BIERMAN 663.00 369919 07/24/2018 HUDSON CONSULTING & MANAGEMENT LLC 552.00 369920 07262018 UTIL REFUNDS 110.80 369921 07/26/2018 UTILREFUNDS 37.20 369922 07/26/2018 UTIL REFUNDS 35.51 369923 07126/2018 UTILREFUNDS 105.95 369924 0726/2018 UTIL REFUNDS 39.47 369925 07262018 UTIL REFUNDS 68.06 369926 07/26/2018 UTIL REFUNDS 73.11 369927 07262018 UTILREFUNDS 31.96 369928 0726/2018 UTIL REFUNDS 24.49 369929 07/26/2018 UTIL REFUNDS 8.59 369930 0726/2018 UTIL REFUNDS 5733 369931 07/26/2018 UTIL REFUNDS 244.77 369932 071262018 UTIL REFUNDS 56.54 369933 070-62018 UTIL REFUNDS 46.38 35 TRANS N13R DATE VENDOR AMOUNT 369934 0726/2018 UTIL REFUNDS 47.40 369935 07/26/2018 UTIL REFUNDS 75.96 369936 07/26/2018 UTIL REFUNDS 33.92 369937 07/26/2018 UTIL REFUNDS 38.63 369938 07/2612018 UTIL REFUNDS 30.37 369939 07/26/2018 UTIL REFUNDS 50.81 369940 07/26/2018 UTIL REFUNDS 41.27 369941 07/26/2018 UTIL REFUNDS 3533 369942 07/26/2018 UTIL REFUNDS 35.63 369943 07/26/2018 UTIL REFUNDS 28.93 369944 07/2612018 UTIL REFUNDS 42.61 369945 07/26/2018 UTIL REFUNDS 17.26 369946 07/26/2018 UTIL REFUNDS 66.44 369947 07/26/2018 UTILREFUNDS 18.97 369948 07/26/2018 UTILREFUNDS 37.03 369949 0726/2018 UTIL REFUNDS 45.89 369950 07/26/2018 UTIL REFUNDS 62.09 369951 07/26/2018 UTIL REFUNDS 35.25 369952 07/26/2018 UTIL REFUNDS 10.26 369953 07!26/2018 UTIL REFUNDS 45.89 369954 07/2612018 UTIL REFUNDS 51.95 369955 07/26/2018 UTIL REFUNDS 69.01 369956 07/26/2018 UTILREFUNDS 44.07 369957 07%262018 UTIL REFUNDS 11.58 369958 0726/2018 UTIL REFUNDS 48.67 369959 07/262018 UTIL REFUNDS 102.38 369960 07/26/2018 'UTIL REFUNDS 27.95 369961 07/26/2018 UTILREFUNDS 18.28 369962 0726/2018 UTIL REFUNDS 13.10 369963 07/26/2018 UTIL REFUNDS 44.80 369964 07/26/2018 UTIL REFUNDS 20.18 369965 07/26/2018 UTIL REFUNDS 44.46 369966 07/26/2018 UTIL REFUNDS 108.22 369967 07/262018 UTIL REFUNDS 15.51 369968 07/26/2018 UTIL REFUNDS 10.91 369969 07/26/2018 UTIL REFUNDS 509.43 369970 07262018 UTIL REFUNDS 47.02 369971 0726/2018 UTILREFUNDS 53.48 369972 0726/2018 UTIL REFUNDS 29.48 369973 07/26/2018 UTIL REFUNDS 140.93 369974 07/26/2018 UTIL REFUNDS 79.57 369975 0726/2018 UTIL REFUNDS 19.59 369976 07/26/2018 UTIL REFUNDS 77.51 369977 07/26/2018 UTIL REFUNDS 21.76 369978 07/26/2018 UTH, REFUNDS 63.65 369979 07/262018 UTIL REFUNDS 261.68 369980 07/26/2018 UTIL REFUNDS 34.42 369981 07/26/2018 UTIL REFUNDS 52.69 369982 071262018 UTIL REFUNDS 1639 369983 07/2612018 UTIL REFUNDS 74.38 369984 0726/2018 UTIL REFUNDS 14.59 369985 07/262018 UTIL REFUNDS 61.28 369986 07/262018 UTIL REFUNDS 13.78 369987 071262018 UTIL REFUNDS 2.44 369988 0726/2018 UTIL REFUNDS 79.90 369989 07/262018 UTIL REFUNDS 16.13 36.9990 07/26/2018 UTIL REFUNDS 10.93 369991 07/262018 UTIL REFUNDS 1.78 369992 07/26(2018 UTIL REFUNDS 56.70 369993 07/26/2018 UTIL REFUNDS 56.70 36 TRANS NBR DATE VENDOR AMOUNT 369994 07/26/2018 UTIL REFUNDS 50.00 369995 07/26/2018 UTIL REFUNDS 32.65 369996 07/26/2018 UTIL REFUNDS 12.00 369997 07/26/2018 UTIL REFUNDS 21.05 369998 07/26/2018 UTIL REFUNDS 93.50 369999 07/26/2018 UTIL REFUNDS 44.72 370000 07/26/2018 UTIL REFUNDS 67.43 370001 07/26/2018 UTIL REFUNDS 38.82 370002 07/26/2018 UTIL REFUNDS 38.82 370003 07/26/2018 PORT CONSOLIDATED INC 662.75 370004 07/26/2018 JORDAN MOWER INC 423.53 370005 07/26/2018 COMMUNICATIONS INTERNATIONAL 139.99 370006 07/26/2018 RANGER CONSTRUCTION IND INC 854.84 370007 07/26/2018 VERO CHEMICAL DISTRIBUTORS INC 726.95 370008 07/26/2018 RICOH USA INC 109.23 370009 07/26/2018 RICOHUSA INC 1,345.20 370010 07/26/2018 HENRY SCHEIN INC 21040.00 370011 07/26/2018 VELDE FORD INC 3,720.93 370012 07/26/2018 SAFETY PRODUCTS INC 72.96 370013 07/26/2018 AT&T WIRELESS 2,703.00 370014 07/26/2018 E -Z BREW COFFEE & BOTTLE WATER SVC 128.79 370015 07/26/2018 GRAINGER 3,823.32 370016 07/26/2018 KELLY TRACTOR CO 41778.43 370017 07/26/2018 GENES AUTO GLASS INC 140.00 370018 07/26/2018 GRAYBAR ELECTRIC 586.60 370019 07/26/2018 TEMPLE INC 750.00 370020 07/26/2018 AMERIGAS EAGLE PROPANE LP 149.00 370021 07/26/2018 HACH CO 1,663.07 370022 07/26/2018 ALLIED ELECTRONICS .INC 254.25 370023 07/26/2018 KSM ENGINEERING & TESTING INC 1,614.50 370024 07/26/2018 BOUND TREE MEDICAL LLC 1,364.46 370025 07/26/2018 SCHULKE BITTLE & STODDARD LLC 800.00 370026 07/26/2018 PETES CONCRETE 3,650.00 370027 07/26/2018 ECOTECH CONSULTANTS INC 2,667.00 370028 07/26/2018 VERO INDUSTRIAL SUPPLY INC 11.30 370029 07/26/2018 EXPRESS REEL GRINDING INC 2,200.00 370030 07/26/2018 TIRESOLES OF BROWARD INC 159.00 370031 07/26/2018 MOTION INDUSTRIES INC 2,214.39 370032 07/26/2018 CITY ELECTRIC SUPPLY 13.17 370033 07/26/2018 CARTER ASSOCIATES INC 2,340.00 370034 07/26/2018 DELL MARKETING LP 10.335.88 370035 07/26/2018 THE GOODYEAR TIRE & RUBBER COMPANY 50.00 370036 07/26/2018 BAKER & TAYLOR INC 5,452.04 370037 07/26/2018 NORTHERN SAFETY CO INC 64.42 370038 07/26/2018 PRIZE POSSESSIONS 697.85 370039 07/26/2018 MWI CORP 1,166.57 370040 07/26/2018 K & M ELECTRIC SUPPLY 44.36 370041 07/26/2018 VERO COLLISION CENTER 862.20 370042 07/26/2018 SOFTWARE HARDWARE INTEGRATION 328.00 370043 07/26/2018 COMMUNITY ASPHALT CORP 427.00 370044 07/26/2018 GREENE INVESTMENT PARTNERSHIP LTD 3,772.96 370045 07/26/2018 CLERK OF CIRCUIT COURT 40.88 370046 07/26/2018 INDIAN RIVER COUNTY HEALTH DEPT 52,747.50 370047 07/26/2018 MEDICAL EXAMINERS OFFICE 35,224.16 370048 07/26/2018 VICTIM ASSISTANCE PROGRAM 5,532.66 370049 07/26/2018 ROGER J NICOSIA 1,500.00 370050 07/26/2018 CITY OF VERO BEACH 63,833.34 370051 07/26/2018 CITY OF VERO BEACH 2,108.02 370052 07/26/2018 CITY OF VERO BEACH 11,787.50 370053 07/26/2018 CHAPTER 13 TRUSTEE 20.1.08 37 TRANS NBR DATE VENDOR AMOUNT 370054 07/26/2018 UNITED WAY OF INDIAN RIVER COUNTY 576.00 370055 07/26/2018 FERGUSON ENTERPRISES INC 4,032.44 370056 07/26/2018 FLORIDA GOVERNMENT FINANCE 40.00 370057 07/26/2018 JANITORIAL DEPOT OF AMERICA INC 376.22 370058 07/26/2018 TREASURE COAST HOMELESS SERVICES 918.65 370059 07/26/2018 FLORIDA DEPT OF EDUCATION 251.42 370060 07/2612018 HENRY FISCHER & SONS INC 820.00 370061 07/26/2018 HUMANE SOCIETY 24,885.00 370062 07/26/2018 PUBLIX SUPERMARKETS 28.95 370063 07/26120.18 PUBLIX SUPERMARKETS 51.36 370064 07/26/2018 WAL MART STORES .EAST LP 75.00 370065 07/26/2018 DEANGELO 13ROTHERS INC 622.00 370066 07/26/2018 GEOSYNTEC CONSULTANTS INC 1,355.88 370067 07/26/2018 CARLITA HARVEY 291.18 370068 07/26/2018 CALLAWAY GOLF SALES COMPANY 496.88 370069 07/26/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 1,512.00 370070 07/26/2018 FLORIDA POWER AND LIGHT 38,474.63 370071 07/26/2018 FLORIDA POWER AND LIG14T 19,925.01 370072 07/26/2018 PHILLIP J MATSON 8.96 370073 07/26/2018 BRE-CLEARWATER OWNER LLC 124.00 370074 07/26!2018 US KIDS GOLF LLC 194.59 370075 07/26/2018 SUNSHINE STATE ONE CALL OF FL INC 1,007.83 370076 07/2612018 STRUNK FUNERAL HOMES & CREMATORY 425.00 370077 07/26/2018 TROY FAIN INSURANCE INC 103.00 370078 07/2612018 TROY FAIN INSURANCE .INC 123.00 370079 07/26/2018 IRC HEALTHY START COALITION INC 2.500.00 370080 07/26/2018 IRC HEALTHY START COALITION INC 2,500.00 370081 07/26/2018 IRC HEALTHY START COALITION INC 2,500.00 370082 07/26/2018 IRC HEALTHY START COALITION INC 2,500.00 370083 07/26/2018 FLORIDA STATE GOLF ASSOCIATION 850.00 370084 07/26/2018 L WALTON ELECTRIC INC 1,944.00 370085 07/26/2018 CARTER & V.ERPLANK INC 1,089.95 370086 07/26/2018 MYLES BRONN'N 180.00 370087 07/26/2018 GIFFO:RD COMMUNITY CENTER 6,436.30 370088 07/26/2018 HENRY SMITH 80.00 370089 07/26/2018 ALAN C KAUFFMANN 220.00 370090 07/26/2018 DOUBLETREE HOTEL 44.85 370091 07/26/2018 G K ENVIRONMENTAL INC 3.612.50 370092 07/26/2018 3 BALL ENTERPRISES LLC 1,099.57 370093 07/26/2018 JOHN BROWN & SONS INC 31575.00 370094 07/26/2018 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 13.20 370095 07/26/2018 FORESTRY SUPPLIERS INC 147.49 370096 07/2612018 INDIAN RIVER COUNTY BAR ASSOCIATION INC 250.00 370097 07/26/2018 PINNACLE GROVE LTD 1,000.00 370098 07/26/2018 ST LUCIE COUNTY BOCC 3,096.30 370099 07/26/2018 RUSSELL PAYNE INC 244.15 370100 07/26/2018 TRANE US INC 13,717.00 370101 07/26/2018 CELICO PARTNERSHIP 231.72 370102 07/2612018 TMQ INC 95.00 370103 07/2612018 ANIXTER INC 82.00 370104 07/26/2018 FLORIDA DEPT OF JUVENILE JUSTICE 25.476.00 370105 07/26/2018 VAN WAL INC 730.00 370106 07/26/2018 FLORIDA RURAL LEGAL SERVICES INC 2.263.28 370107 07/26/2018 FASTENAL COMPANY 15.63 370108 07/26/2018 SOUTHERN JANITOR SUPPLY INC 1.603.32 370109 07/26/2018 MASTEL.LER & MOLER INC 6,555.00 370110 07/26/2018 STAPLES CONTRACT & COMMERCIAL INC 695.10 370111 07/26/2018 ADMIN FOR C141LD SUPPORT ENFORCEMENT 294.99 370112 07/26/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 298.99 370113 07/26/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 166.83 4 TRANS NBR DATE VENDOR AMOUNT 370114 07/26/2018 LARRY STEPH.ENS 140.00 370115 07/2612018 MICHAEL SCl ILITT CONSTRUCTION INC 100.00 370116 07/26/2018 1 ST FIRE & SECURITY INC 266.75 370117 07/26!2018 FLORIDA SUPERIOR SAND INC 4.265.46 370118 07262018 JOHNNY B SMITH 185.00 370119 07/26.2018 MOORE MEDICAL LLC 256.05 370120 07/26!2018 CHARLES A WALKER 40.00 370121 07262018 REDLANDS CHRISTIAN MIGRANT ASSOC 3.735.08 370122 07/2612018 BILLYS AUTO SERVICE INC 135.00 370123 07/26/2018 VERO MILLWORK INC 2,590.03 370124 07/26/2018 WILLIAM RICE 11434.19 370125 07/26/2018 SANDY ARACENA 60.00 370126 07/26/2018 VERA SMITH 80.00 370127 07/26/2018 BRENNTAG MID -SOUTH INC 17,028.56 370128 07/2612018 DE LA I-IOZ BUILDERS INC 41,626.00 370129 07/262018 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 370130 07/2612018 CLOVERLEAF CORPORATION 415.30 370131 07/2612018 ECMC 282.67 370132 07262018 CXT INC 65.612.50 370133 07/26/2018 FLORIDA ARMATURE WORKS INC 2,651.33 370134 07/26/2018 JOSEPH CATALANO 80.00 370135 07r-)6/2018 AMETEK DREXELBROOK 1.115.87 370136 07/26/2018 XYLEM WATER SOLUTION USA INC 988.00 370137 07/2602018 SOUTHEASTERN SECURITY CONSULTANTS INC 462.50 370138 07126/2018 GFA INTERNATIONAL INC 18.159.75 370139 07126/2018 LOWES I-IOML' CENTERS INC 945.34 370140 07/2602018 CARDINAL 1-1FALTH 110 INC 3.356.22 370141 07/26/2018 ALEX MIKLO 40.00 370142 07/26/2018 BURNET'I' LIME CO INC 12,678.40 370143 07/26/2018 D.E130RAII CUEVAS 100.00 370144 07/26/2018 CHEMTRADE CHEMICALS CORPORTATION 3.328.26 370145 07/2612018 KATE P COINER 246.58 370146 07262018 SUMMIT CONSTRUCTION OF VERO BEACH LLC 7,000.00 3701.47 07262018 SUSAN ADAMS 4397 370148 0726,2018 FAMILY SUPPORT REGISTRY 9.66 370149 07/262018 BERNIARD EGAN R COMPANY 28,998.03 370150 07262018 RONALD NICI IELSON 60.00 370151 07/262018 COBRA GOLF INCORPORATED 950.57 370152 07/262018 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 370153 07/262018 THE TRANSIT GROUP INC 2,911.30 370154 07/262018 SCRIPPS NP OPERATING LLC 574.40 370155 07/26/2018 SCRIPPS NI' OPERATING LLC 125.40 370156 07/26/2018 SCRIPPS NI' OPERATING LLC 472.50 370157 0726/2018 SCRIPPS NP OPERATING LLC 564.90 370158 0726/2018 SCRIPPS NI' OPERATING LLC 998.07 370159 07/26/2018 SCRIPPS NI' OPERATING LLC 2,053.30 370160 0726/2018 JOSEPH DIZONNO 120.00 370161 0726/2018 UNIFIRSTCORPORATION 887.97 370162 0726/2018 SITEONE LANDSCAPE SUPPLY LLC 63.35 370163 0726/2018 GOTTA GO GREEN ENTERPISES INC 221.64 370164 07/26/2018 BARSALOU VENTURES LLC 2,891.75 370165 072612018 ADVANCE STORES COMPANY INCORPORATED 64.35 370166 07262018 MONOPRiCE INC 655.26 370167 0726/2018 HARN R/O SYSTEMS INC 4.150.00 370168 07/26/2018 AC VETERINARY SPECIALTY SERVICES 405.69 370169 0726/2018 EDWARD ILLIDGE 145.00 370170 07/26/2018 COUrON PARKER 40.00 370171 0726/2018 QUINCY COMPRESSOR LLC 1,083.01 370172 07/26/2018 PEOPLE READY INC 11,822.98 370173 07262018 ROBERT 0 RIC I-IARRDSON .1 11 145.00 39 TRANS NBR DATE VENDOR AMOUNT 370174 07/26/2018 EMILY GOUGE 65.00 370175 07/26/2018 COLE AUTO SUPPLY INC' 1,158.26 370176 07/26/2018 NORTH CAROLINA DEPARTMENT OF REVENUE 104.35 370177 07/26/2018 BETH NOLAN 40.00 370178 07/26/2018 QUIKRETE I-tOLDINGS INC 270.00 370179 07/26/2018 THOMAS .R PILIERO 64.00 370180 07/26/2018 RECYCLING ROCKS LLC 2.200.00 37018.1 07/26/2018 BOWMAN CONSULTING GROUP LTD 11,397.21 .370182 07/26/2018 TOTAL ADMINISTRATIVE SERVICES CORP 1,346.80 370183 07/26/2018 JD .POWER 125.00 370184 07/26/2018 CORE & MAIN LP 9,235.93 370185 07/26/2018 ERIC SKALA 60.00 370186 07/26/2018 PATRICK TRAMEL 1,092.37 370187 07/26/2018 STEWART MATERIALS LLC 3,423.84 370188 07/26/2018 ABISCOM INC 1,526.77 370189 07/26/2018 TYKES & TEENS INC 6,748.00 370190 07/26/2018 THERNE.LLMILLS 60.00 370191 07/26/2018 EVANGELINE SCHOBER 20.00 370192 07/26/2018 STEP.14EN STONE 160.00 370193 07/26/2018 JOSEPH LORJNO 100.00 370194 07/26/2018 SHAWN MC CLAIN 60.00 370195 07/26/2018 JACK KLEIN ASSOCIATES INC 1.936.20 370196 07/26/2018 CONCORDANCE HEALTHCARE SOLUTIONS LLC 939.85 370197 07/26/2018 SARAH BOWEN 150.00 370198 07/26/2018 STACEY WILLIAMS 220.00 370199 07/26/2018 RAMONA MURPHY 58.50 370200 07/26/2018 M.LG GOLF INC 2,700.00 370201 07/26/2018 SEA COAST AIR CONDITIONING & SHEET METAL INC 85.00 370202 07/26/2018 FARROW CONTSTRUCTION CORP 246.84 370203 07/26/2018 PAUL PETERSON & COMPANY INC 100.00 370204 07/2612018 BRADDOCK .INVESTMENTS INC 200.00 370205 07/26/2018 CHRISTINE A PERRETTA 200.00 370206 07/26/2018 PALMETTO PROPERTY MANAGEMENT CORP 935.00 370207 07/26/2018 CORNELIUS VAN DONGEN 500.00 370208 07/26/2018 ANGIOLOGY CORP OF AMERICA 5.925.00 370209 07126/2018 NAN PEACH TRUST 500.00 370210 07/26/2018 VAN DEVOORDE HALL LAW PL 421.00 370211 07/26/2018 THE SOUND OF KNOWLEDGE INC 309.00 370212 07/26/2018 UTIL REFUNDS 194.11 3702.13 07/26/2018 UTIL REFUNDS 62.06 370214 07/26/2018 UTIL REFUNDS 52.85 370215 07/26/2018 UTIL REFUNDS 43.69 370216 07/26/2018 UTIL REFUNDS 80.69 370217 07/26/2018 UTIL REFUNDS 31.24 370218 07/26/2018 UTIL REFUNDS 40.54 370219 07/26/2018 UTI L REFUNDS 81.64 370220 07/26/2018 UTIL REFUNDS 78.48 370221 07/26/2018 UTIL REFUNDS 75.32 370222 07/26/2018 UTIL REFUNDS 88.57 370223 07/26/2018 UTIL REFUNDS 73.12 370224 07/26/2018 UTIL REFUNDS 51.10 370225 07/26/2018 DTII. REFUNDS 51.10 370226 07/26/2018 UTIL REFUNDS 199.58 370227 0712612078 UTIL REFUNDS 39.17 370228 07/26/2018 UTIL REFUNDS 46.54 370229 07126/2018 UTIL REFUNDS 57.22 370230 07/26/2018 UTIL REFUNDS 83.14 370231 07/26/2018 UTIL REFUNDS 51.47 370232 07/26/2018 UTIL REFUNDS 53.61 370233 07/26/2018 UTI L REFUNDS 42.46 40 TRANS NRR DATE VENDOR AMOUNT 370234 07/26/2018 UTIL REFUNDS 45.75 370235 07/26/2018 UTIL REFUNDS 8.84 370236 07/26/2018 UTIL REFUNDS 83.85 370237 07/26/2018 UTIL REFUNDS 57.44 370238 07/26/2018 UTIL REFUNDS 57.89 370239 07/26/2018 UTIL REFUNDS 57.05 370240 07/2612018 UTIL REFUNDS 72.16 370241 07/26/2018 UTIL REFUNDS 24.15 370242 07/26/2018 UTIL REFUNDS 60.51 370243 07/26/2018 UTIL. REFUNDS 46.86 370244 07/26/2018 UTIL REFUNDS 122.24 370245 07/26/2018 UTIL REFUNDS 167.43 370246 07/26/201.8 UTIL REFUNDS 27.85 370247 07/26/2018 UTIL REFUNDS 8 L55 370248 070M/2018 UTIL REFUNDS 88.19 370249 07/26/2018 UTIL REFUNDS 71.28 370250 07/26/2018 UTIL REFUNDS 30.40 370251 07/26/2018 UTIL .REFUNDS 73.12 370252 07/26/2018 UTIL REFUNDS 84.00 370253 07%26/2018 UTIL .REFUNDS 38.31 370254 07/26/2018 UTIL REFUNDS 16.43 370255 07/26/2018 UTIL REFUNDS 42.33 370256 07/26/2018 UTIL REFUNDS 36.57 Grand Total: 795,422.38 41 ELECTRO\TIC PAYMENT - VISA CARD TRANS. N13R DATE VENDOR AMOUNT 1013611 07!20/2018 COMCAST 428.88 I013612 07124/2018 AT&T 10,755.80 1.013613 07/24/2018 OFFICE DEPOT BSD CUSTOMER SVC 548.09 1013614 07/24/2018 WASTE MANAGEMENT INC 1,740.34 1013615 07/24/2018 C'OMCAST 90.89 1013616 07/25/2018 EVERGLADES FARM EQUIPMENT CO INC 551.51 1013617 07/25/2018 PARKS R.ENNTAL & SALES INC 613.15 1013618 07/25/2018 INDIAN RIVER BATTERY 355.00 10.13619 07/25/2018 INDIAN RIVER OXYGEN INC 2,126.25 1013620 07/25/2018 ALLIED UNIVERSALCORI' 12,574.50 1013621 07/25/2018 GROVE WELDERS INC 38.49 1013622 07/25/2018 SOUTHERN COMPUTER. WAREHOUSE 795.80 1013623 07/25/2018 THYSSENKRUP.P ELEVATOR 9,222.00 10.13624 07/25/2018 APPLE MACHINE & SUPPLY CO 190.10 '1013625 07/25/2018 COMO OIL COMPANY OF FLORIDA 1,668.88 1013626 07/250-018 PRIDE ENTERPRISES 178.70 1013627 07/25/2018 METRO FIRE PROTECTION SERVICES INC 134..85 1013628 07/25/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 178.31 1013629 07/25/2018 .HYDRA SERVICE (S) INC 5,676.41 1013630 07/25/2018 PACE ANA LYTICALSERVICESINC 324.00 1013631 07/2512018 GUARDIANALARM OFFLORIDA LLC 732.75 1013632 07/25/2018 NEXAIR LLC 82.27 1013633 07/26/2018 AT&T 9,339.88 1013634 07/2612018 OFFICE DEPOT BSD CUSTOMER SVC 1,722.24 1013635 07/26/2018 POLY DYNE INC 2,576.00 Grand Total: 62,645.09 42 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR 6077 07/20/2018 KIMLEY HORN& ASSOC INC 6078 07/24/2018 ATLANTIC COASTAL LAND TITLE CO LLC 6079 07/24/2018 VEROTOWN LLC 6080 07/25/2018 RX BENEFITS INC Grand Total: AMOUNT 32,345.73 6,702.00 46,747.83 205,520.46 291,316.02 43 JEFFREY R. SMITH, Clerk of Circuit Court g Comptroller Finance Department 1801 271x' Street Vero Beach, FL 32960 CPA, CGFO, CDMA TO: HONORABLE 130ARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFRI7Y R. SMITH, COMPTROLLER DATE: August 2, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 27, 2018 to August 2. 2018 In compliance'%Nith Chapter 136.06. Florida. Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Hoard minutes. ied by the 44 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 370257 08/01/2018 ORANGE COUNTY HOUSING & C D 679.08 370258 08/0112018 VITRO BEACH EDGEWOOD PLACE I -P 566.00 370259 08/01!2018 GRACES LANDING LTD 9.016.00 370260 08101/2018 LINDSEY GARDENS LTD 4.796.00 370261 08/01/2018 BRYAN D BLAIS 343.00 370262 08/01/2018 WILLIE C REAGAN 445.00 370263 081101/2018 RIVER PARK ASSOCIATES LIMITED 14.658.00 370264 08/01/2018 CREATIVE CHOICE HOMES XVI LTD 12.202.00 370265 08/01/2018 DAVID YORK 501.00 370266 08/01/2018 ST` FRANCIS MANOR OF VERO BEACH 256.00 370267 08/01/2018 CITY OF VERO BEACH 25.00 370268 08/01/2018 TREASURE COAST HOMELESS SERVICES 920.00 370269 08,'01/2018 VENETIAN APARTMENTS OF VERO 13EAC14 386.00 370270 08/01/2018 PINNACLE GROVE? LTD 6,9033.00 370271 08/01!2018 VERO CLUB PARTNERS L'I'D 12.195.00 370272 08/01/2018 DAVID SPARKS 378.00 370273 08/01/2018 INDIAN .RIVER COUNTY HOUSING AUTHORITY 116.00 370274 08/01/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 370.00 370275 08!01/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 407.00 370276 08101/2018 1NDIAN RIVER COUNTY HOUSING AUTHORITY 417.00 370277 08/0112018 INDIAN RIVER COUNTY HOUSING AUTHORITY 560.00 370278 08/01!2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 1,565.00 370279 08/01/2018 CRAIG MERRILL 1.095.00 370280 08/01/2018 CHRISTINE SALTER 477.00 370281 08/01/2018 HAGGERTY FAMILY LTD 369.00 370282 08,101/2018 SUNQUEST INC 5,136.00 370283 08/01/2018 THE PALMS AT VERO BEACH 12.763.00 370284 08/01/2018 DAVID CON DON 657.00 370285 08/0112018 BILARY MCIVOR 664.00 370256 08/0112018 PAULA LANE 450.00 3702S7 08/011'2018 PELICAN ISLES LP 7.933.00 370288 08/01/2018 SUNCOAST REALTY & RENTAL MGMT LLC 3,933.00 370289 08/0102018 OAK RIVER PROPERTIES INC 433.00 370290 08/01/2018 SONRISE VILLAS LTD 1,891.00 370291 08/01/2018 ADINA GOLDMAN 542.00 370292 08/01/2018 INDIAN RIVER RDA LP 5,091.00 370293 08/01/2018 GEORGE THUYNS 638.00 370294 08/01/2018 LA7_Y J LLC 1.943.00 370295 08101/2018 SYLVIA MCNEILL 727.00 370296 08101/2018 SKOKIE HOLDINGS INC 468.00 370297 08/01/2018 ROGER WINSLOW 492.00 370298 08/01/2018 OSLO VALLEY PROPERTIES INC 185.00 370299 08'0112018 SAID MOOBARK 1.414.00 370300 08101/2018 LIADSEY GARDENS it LTD 5,715.00 370301 08/01/2018 ANTHONY ARROYO 68.3.00 370302 08/0112018 At IS HOLDINGS GROUP LLC 2.479.00 370303 08/01/2018 DANIEL CORY MARTIN 732.00 370304 08x'01/2018 YVONNE KOUTSOFIOS 54.00 370305 08:01/2018 ALAN RTOKAR 613.00 370306 08/0102018 VERO BEAC14 VILLAS 1 LLC 457.00 370307 08/01/2018 13RIAN E GALLAGHER 540.00 370308 08/0'1/2018 HOUSING AUTHORITY 775.08 370309 08/01/2018 STEPHANIE WA"CCHEK FOUNTAIN TRUST 162.00 370310 08/01/2018 SCOT WILKE 501.00 370311 08/01/2018 THEODORE BARTOSIEWICZ 505.00 370312 08/01/2018 FOUNDATION FOR AFFORDABLE RENTAL_ 20.110.00 370313 08'01~2018 RICHARD KUSSEROW 469.00 370314 08/01:2018 ARE JAY INVESTMENTS 0I= INDIAN~ RIVER COUNTY IN 469.00 45 TRANS NBR DATE VENDOR AMOUNT 370315 08/01/2018 SONRISE VILLAS 11 LLC 320.00 370316 08/01/2018 JOHN T STANLEY 782.00 370317 08101/2018 WEDGEWOOD RENTALS LLC 1.563.00 370318 08/01/2018 ALMA LUCKETT 852.00 370319 08/01,12018 MCLAUGHLIN PROPERTIES LLC 892.00 370320 08101/2018 JOYCE BODAN7_A 593.00 370321 08/01/2018 MYRIAM MELENDEZ 460.00 370322 08,101/2018 WATSON REALTY GROUP 3,880.00 370323 08/01/2018 JAMES R LYONS 407.00 370324 08,102/2018 PORT CONSOLIDATED INC 651.82 370325 08/02/2018 JORDAN ,MOWER INC 131.42 370326 08/02/2018 COMMUNICATIONS INTERNATIONAL 353.87 370327 08/02/2018 COMMUNICATIONS INTERNATIONAL 84.10 370328 08/02/2018 COMMUNICATIONS INTERNATIONAL 432.00 370329 08/02/2018 TEN -8 FIRE EQUIPMENT INC 2,215.04 370330 08/02/2018 RANGER CONSTRUCTION IND INC 428.84 370331 08/02/2018 FISHER SCIENTIFIC COMPANY LLC 379.05 370332 08/02/2018 VERO CHEMICAL DISTRIBUTORS INC 232.45 370333 08/02/2018 RICOH USA INC 126.34 370334 08/02/2018 RICOH USA INC 71.09 370335 08/02/2018 TESCO SOUTH INCORPORATED 3,321.50 370336 08/02/2018 !-HENRY SCHEIN INC 3,472.40 370337 08/02/2018 VELDE FORD INC 99.74 370338 08/02/2018 SAFETY PRODUCTS INC 497.95 370339 08/02/2018 PARALEE COMPANY INC 821.00 370340 08/02/2018 E -Z BREW COFFEE & BOTTLE WATER SVC 88.98 370341 08/02/2018 GRAINGER 622.95 370342 08/0212018 AMERIGAS EAGLE PROPANE LP 903.92 370343 08/02/2018 14ACFI CO 757.75 370344 08/02/2018 BOUND TREE MEDICAL LLC 1,667.00 370345 08/02!2018 VERO INDUSTRIAL SUPPLY INC 28.39 370346 08/02/2018 EXPRESS REEL GRINDING INC 1,900.00 370347 08/02/2018 TIRESOLES OF BROWARD INC 6.765.70 370348 08102/2018 CITY ELECTRIC SUPPLY 569.31 370349 08/02/2018 CHILDCARE RESOURCES OF IRC INC 320.00 370350 08/02/2018 CUSTOM CARRIAGES INC 582.34 370351 08/02/2018 BLAKESLEE SERVICES INC 65.00 370352 08/02/2018 BAKER & TAYLOR INC 3,667.57 370353 08/02/2018 MIDWEST TAPE LLC 1,196.55 370354 08/02/2018 CENGAGE LEARNING INC 303.58 370355 08102/2018 1IMMYS AIR & REFRIGERATION INC 195.00 370356 08/02/2018 ORANGE COUNTY HOUSING & C D 27.00 370357 08/02/2018 LINDSEY GARDENS LTD 500.00 370358 08/02/2018 DAVID YORK 1,503.00 370359 08/02/2018 BOYS & GIRLS CLUB OF INDIAN 7.500.00 370360 08/0212018 TINDALE-OLIVER & ASSOCIATES INC 4,116.07 370361 08/02;2018 CLERK OF CIRCUIT COURT 1.065.5.5 370362 08/02/2018 CITY OF VERO BEACH 2.378.72 370363 08i02/2018 UNITED PARCEL SERVICE INC 759.43 370364 08'0212018 FERGUSON ENTERPRISES INC 6.479.45 370365 08/'02/2018 LIVINGSTON PAGE 100.00 370366 08/02/2018 TREASURE COAST HOMELESS SERVICES 24,991.00 370367 08/02/2018 PUI3LIX SUPERMARKETS 29.40 370368 08/02/2018 INTERNATIONAL GOLF MAINTENANCE INC 8&148.43 370369 08,02/2018 DEANGELO BROTHERS INC 154.00 370370 08/02/2018 FEDERAL EXPRESS CORP 46.47 370371 08/02/2018 FEDERAL EXPRESS CORP 78.43 370372 08/02/2018 MORGAN & EKLUND INC 29,205.00 370373 08102/2018 CITY OF SEBASTIAN 24,484.77 370374 08102/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 246.00 46 TRANS NBR DATE; VENDOR AMOUNT 370375 08/022018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 91238.94 370376 08/022018 FLORIDA POWER AND LIGHT 87.132.95 370377 08/02/2018 FLORIDA POWER AND LIGHT 2.146.00 370378 0810212018 JAMES GRAY JR 89.00 370379 0810212018 THOMAS S LOWTHER .FUNERAL HOME CORP 425.00 370350 0810212018 BRE-CLEARWAT.ER OWNER LLC 426.00 370381 05'0212018 BRE-CLIEARWATER OWNER LLC 327.00 370352 08'0212018 CITY OF FE:LLSMERE 67.62 370353 08/022015 TOCONIA RUBBER STAMP & ;\MARKING SYSTEM 22.54 3703S4 08/02/2015 BE SAFE SECURITY ALARMS INC 449.40 370385 08102/2018 CHRISTOPHER S STUCKI:Y 60.00 370386 08102/2018 MYLES BROWN 360.00 370387 08'0212018 HENRY SMITH 140.00 370388 08.'0212018 R F CONCRETE CONSTRUCTION 79.00 370389 08022018 ALAN C KAUFFMA'NN 1.10.00 .370390 OS/02;2015 G K ENVIRONMENTAL INC 7.382.10 370391 0810212018 KEEP INDIAN RIVER BEAUTIFUL INC 1.341.81 370392 08;021`2018 FLORIDA LEGISLATURE 600.00 370393 081022018 NIURRAY BAKER 270.00 370394 08/022018 SCHOOL. DISTRICT OF I R COUNTY 36.369.32 370395 08/0212018 TIME PALMS AJ' VERO BEACH 500.00 370396 0810212018 FLORIDA RURAL WATER ASSOCIATION 265.00 370397 0&'022018 CINTAS CORPORATION NO 2 55.01 370398 08/021201S U S BANK NAT IONALASSOCIATION 944.69 370394 08102x2018 NIAN NVA1. INC 285.00 370400 08/02/2018 NIARY L NIURRAY 53.70 370401 08102/2018 SOUTIIER:N JANNITOR SUPPLY INC 2.730.55 370402 0810202018 UNGER SR. JAKOB & DOLORES 473.21 370403 08/0212018 M13V I.NGINEE RING INC 5,475.00 370404 081022018 CENTRAL PUMP & SUPPLY INC 32.50 370405 08/0212018 STAPLES CONTRACT & COMMERCIAL INC 373.04 370406 0810212018 HEVERON GROUP INC 19,039.00 370407 08,'02/2018 C W `IELSiiN MFG CORP 165.20 370-108 0S+02,2018 LARRY STFPIIENS 120.00 370409 0802/2018 SHIELDS, JOHN 99.63 370410 08'02/2038 SUNCOAST REALLY & RENTAL NIGMT LLC 500.00 370411 05/0212018 OAK RIVER PROPERTIES INC 500.00 370412 08102/2018 RESIDENCE INN ORLANDO SEAWORLD 285.00 370413 08102/2018 PETER OBRYAN 44.09 370414 0810212018 WEH};, FRlila G & ROBER'IA 32.73 370415. 08,!02!2018 J011NNY 13 SMITH 110.00 370416 08102/2018 tNIOOR.E MEDICAL LLC 225.14 370417 08/02/2015 GLOBALSTAR USA 182.43 370418 08/02/2018 INDIAN RIVER RDA LP 500.00 370-119 05/02/2015 CEMEX 1,414.50 370420 0810212018 SORJANO, RONALD F 74.06 370421 08/02/2018 ZIEGLER.GEORGE&RITA 87.72 370422 08/02/2018 SMITH. CEMAR 96.13 370423 08/02/2018 STERPAL INC 1,540.00 370424 08102/-018 BARBARA K. THOMAS 47.20 370425 08'0212018 NICOLACE: NIARKETING INC 1,524.00 370426 08,'02J2018 DA\VN MAZAC 95.00 370427 08.0212018 VERA S\1IT1-1 80.00 370428 050212018 GARRET71* SMITH 200.00 370429 08.'0212018 ATLANTIC COASTAL LAND TITLE CO LI -C 300.00 370430 0802/2018 YOUR AQUA INSTRUCTOR LLC 240.00 3 704 11 08/0212018 JOSEPII CA`tALAN'O 40.00 370432 08102/2018 MOORE MOTORS INC 47995 370433 08/0212018 NEXBELT LLC 604.37 370434 08 OV20E8 LOWES HOME: CENTERS INC 1.301.37 47 TRANS NRR DA'T'E VENDOR AMOUNT 370435 08/0212018 MUNICIPAL EMERGENCY SERVICES INC 2,246.28 370436 08/0212018 KELLY LORRAINE 14AMI-IN 240.00 370437 08/02/2018 KYLE ANDERSON 350.00 370438 08/0212015 ALEX MIKLO 50.00 370439 OS10212O18 W&G MAINTENANCE 9,490.00 370440 08102/2018 PENGUIN RANDOM HOUSE LLC 445.05 370441 W02i2018 KRAITS ASSOCIATES INC 265.943:29 370442 05/022015 STIEIVART R: STEVENSON FDDA LLC 60.12 370443 0810212018 C E R SIGNATURE CLEANING 850.00 370444 0810212018 TRINOVA -FLORIDA INC 2.316,46 370445 08/02/2018 SKECI-IERS USA INC 72.16 370446 08/020015 RONALD NIC14ELSON 60.00 370447 08/02/2018 MICHAEL EDWARD HAMILTON 300.00 370448 08!0212018 ANDERSEN ANDRE CONSUUHNG ENGINEERS INC 7.665.00 370449 03;02!2013 SCRIP.PS'NI' OPERATING LLC 574.40 370450 08/02/2018 CATHEDRAL CORPORATION 1.439.53 370451 08!02i20I8 PRG AMERICAS LLC 417.69 370452 08/02/2018 I,11NIFIRST CORPORATION 837.01 370453 OS/02/2018 OKEESPORTS INC 771.40 370454 08/02/2015 SITEONtE LANDSCAPE SUPPLY LLC 279.25 310455 051022018 GOTTA GO GREEN E-NTERPISES INC 118.88 370456 05/0212018 BARSALOU VENTURES LLC 111.51 370457 08'0212018 EGP DOCUMENT SOLUTIONS LLC 1,049.41 370458 05/0212015 CROSSOVER MISSION 12.500.00 370459 08$0212018 NORTH ANIERICAN OFFICE SOLUTIONS INC 17.74 370460 OS/02/2018 GARY MOORE INC 475.00 370461 08!021201 S MONOPRICE INC 2.781.30 370402 08/0212018 EASTERN PIPELINE CONSTRUCTION INC 1.075.00 370463 0810212015 EDWARD ILLIDGE 50.00 370464 08/0212018 COLTON PARKER (10.00 370465 08/02/2018 RE13ECCA CARSWELL 30.00 370466 08,'0212018 MATHESON TRI -GAS INC 7.529.64 370467 08/0212018 PEOPLE READY INC 20,180.18 370468 OS102201S BETTY K VOGT 537.20 370469 08/02/2015 UNITED AGAINST POVERTY INC 10,205.00 370470 05102/2018 EMILY GOUGE 50.00 370471 0810212018 CANA.RX GROUP INC 7.432.10 370472 0810212018 COLE AUTO SUPPLY INC 1,843.61 370473 08/02t?018 PAULINE J VOTAPKA 404.45 370474 05/020018 ALLAN D KELLERMAN 16.150.00 370475 081`0212018 ADVANC.ED.ROO.FING INC 567,244.76 370476 08`0212018 THOMAS R PILIERO -40.00 370477 0810212015 GOVDIRECT INC 164.46 370475 08/02/2018 MICHAEL REED 40.00 370479 0810212018 CORE & MAI'N' LP 89.95 370480 0810212015 ADVANTAGE GOLF CARS INC 102.04 370481 08/0212018 STEWART MATERIALS LLC 4.772.42 370482 08/02!2018 GOMEZ BROTHERS IRRIGATION LLC 3.921.00 370483 08102r-_'018 WOERN'ER AGRIBUSINESS LLC 586.00 370454 08'02,4'2018 BOTTOMS UP BEVERAGE OF FLORIDA 1.LC 640.00 37045: 08102f?018 UNIVERSAL PUBLIC PROCUREiNIENT 300.00 370486 08/021'2015 THERNELL \HILLS 60.00 370487 08/02x'2018 CHANGE HEAUFHCARE LLC 32.763.83 370485 08/02/2018 SHAWN MC CLAIM 20.00 370489 08102/2018 CHEER CONSTRUCTION GROUP LLC 10.00 370490 08102/2018 DANIEL SMITH 133.32 370491 08/022018 TAYLOR ANNE HATTON 310.00 370492 OV02/2018 VIKING LANDSCAPING LLC 7.500.00 370493 08102/2018 STACEY WILLIAMS 120.00 37049.1 08/02/2018 HAYES CONSTRUCTION GOUP INC 100.00 48 TRAN-S N1111 DATE VENDOR ANIOUNT 370495 08/0212018 BEST TRAINING SCHOOL 749.00 370496 08/02/2018 SONATA VI---RO BEACH 1.275.00 370497 08/02/2018 KENYATTA JOHNSON 60.00 370498 08102120 18 JUDITH ROBERTS 14.00 370499 051021201 S XL SERVICE SOLUTIONS INC 50.00 370500 08102f201 8 GUY NEWTON 90.79 37001 0810212018 EDWINA MORRIS 87.58 370502 08102/2018 LENA VANMETER 300.00 370503 08;02/2018 FRANCES M NOTICE 492.40 370504 08102/2018 RUTH PETERSON 50.00 370505 0810' 212018 JESSIE ROWE 196.80 370506 03102/2018 JOHN TERRANOVA 93.55 370507 08/0212018 CHARLOTTE C TOPLIFF 80.90 370508 08/02/2018 ELIZABETH C TRAUB 50.00 370509 08/02/2018 ANNE J WILLIS 100.00 370510 08102f2018 ELIZABETH LEE WOODY $9.76 370511 03102/2018 ROBERT MALIN 100.00 370512 0810212018 WILLIAM MCLAUGHLIN 19.47 370513 08/02,Q0I8 SUSIE LAING 50.00 370514 08102/2018 CAROLALANCE 25-00 370515 08/02,12018 WHITEHILL. CLIFFORD L 516.80 370516 0810212018 BRANDTS APPLIANCE SERVICE INC 146.78 370517 081021201 JOHN AND BEVERLY MAHER 80.04 37051S 08/0212015 HAROLD E, KURZWEG 740.00 370519 08/0212018 ROBERT C HIGHT 211.64 370520 0 S!O'-)i2 0 1 S ELMER 11101MAS T HEBERT 92.41 370521 0810212018 DIANE HAZARD 25.00 370522 0810212018 ALLEN HARTY 461.06 370523 08/02/2018 HELEN GREEN 79.01 ,370524 03/0212018 R013EIlT J GANNON 96.76 370525 08/0212018 RAYMOND DECK 90.64 370526 OS/02/2013 ANNA M DAVIS 205.00 370527 OS/021120 18 KATHLEEN MICONLEY 475.60 370528 08102120 15 SUZANNE CARNELL 518.00 370529 08/0212018 GW`N;N M CAMPBELL 114.16 370530 OS/0212018 TINA BUNELL 566.00 370531 0810212018 PATRICIA M BLACKWOOD 50.00 370532 08102/2018 ROBERT LBATEMAN 113.24 370533 08/02/2018 OSCAR E 13ASS 82.08 370534 08/02/2018 ROY BENCE 95.21 370535 08/02/20 18 VIRGINIA BENILDUCE 774.71 Grand Total: 1.576.953.55 49 ELECTRONIC PAYMENT - VISA CARD T,RANS.NBR DATF VENDOR 1013637 07/272018 CONICAST 1013638 0810.12018 PARRS RENTAL R. SALES INC 1013639 081012018 ROBIN SONEQUIPMENT COMPANY INC 1013640 081012018 METAL. CULVERTS 1013641 0810102018 MIKES GARAGE R. WRECKER -SERVICE INC 1013642 08/012018 RECORDED 130OKS .LLC 1013643 081012018 SOUTHERN COMPUTER WAREHOUSE; 1013644 08;012018 THYSSENKRUPPIELEVATOR 1013645 0810120/8 RECHTIEN INTERNATIONAL "TRUCKS 1013646 0810112018 SPINNAKER VERO INC 1013647 08'012018 L&L DISTRIBUTORS 1013648 0&'0102018 PACE ANALYTICA L SERVICES INC 1013649 08/012018 FPS OFFICE SOLUTIONS LLC 1013650 08/012018 ALLIED DIVERSIFIED OF VERO BEACH LLC 1013651 08/012018 NEXAIR LLC Grand Total: AMOUNT 84.90 451.75 1.249.88 53622.85 165.00 478.20 3.491.08 594.00 114.95 300.00 544.02 8.213.00 1.540.57 85.00 1.274.02 24.209.22 50 1 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 6081 07/27/2018 TOTAL ADMINISTRATIVE SERVICES CORP 10,942.44 6082 07/27/2018 IRC FIREFIGHTERS ASSOC 9,468.32 6083 07/27/2018 TEAMSTERS LOCAL UNION #/769 5,340.50 6084 07/27/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 53.298.41 6085 07/27/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 4,020.25 6086 07/27/2018 IRC CHAMBER OF COMMERCE 8,150.64 6087 07/27/2018 IRC CHAMBER OF COMMERCE 22,708.30 6088 07/27/2018 1 R C HEALTH INSURANCE - TRUST 625,310.83 6089 07/31/2018 FL SDU 6,183.45 6090 07/31/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 35,900.00 6091 07/31/2018 IRS -PAYROLL TAXES 395,965.83 6092 07/31/2018 HIGHMARK STOPLOSS 18,194.12 6093 07/31/2018 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 44,759.30 6094 07/31/2018 ATLANTIC COASTAL LAND TITLE CO L•LC 10,889.60 6095 08/01/2018 ST LUCIE BATTERY & TIRE CO 1,000.00 6096 08/01/2018 CLERK OF CIRCUIT COURT 84,440.41 6097 08/01/2018 INDIAN RIVER COUNTY SHERIFF 3,799,931.31 6098 08/01/2018 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 89,137.84 6099 08/01/2018 SENIOR RESOURCE ASSOCIATION 318,231.63 P -CARD 08/01/2018 TD BANK, N.A. 20,182.69 6100 08/02/2018 AMERICAN FAMILY LIFE ASSURANCE CO 18,200.34 6101 08/02/2018 RUSSELL PAYNE INC 81,448.47 6102 08/02/2018 ALLSTATE 224.14 6103 08/02/2018 MUTUAL OF OMAHA 7,267.07 Grand Total: 5,671,19.5.94 51 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127" Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 1, 2018 SUBJECT: Dori Slosberg Driver Education Safety Act. Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 06/30/18 BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our Fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these fiends shall be used "to fund driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. As of June 30, 2018, the balance in the Fund is $111.153. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. 52 REVENUES Fines and forfeitures Interest Total Revenues EXPENDITURES Public Safety Total Expenditures Net change in fund balances Fund balances at beginning of year Fund balances at end of year Indian, River County, Florida Statement of Revenues, Expenditures and Changes In Fund Balances Traffic Education Program FY2003-2011 10/01/2002- 9/3012011 FY2012 10/01/2011- 9/30/2012 FY2013 10/01/2012- 9130/2013 FY2014 10101/2013- 9/30/2014 FY2015 10/0112014- 9/30/2015 FY2016 1010112015• 9/30/2016 FY2017 10101/2016- 9/30/2017 YTD FY2018 10/01/2017- 6/30/2018 Inception to Date Totals $ 187,719 26,242 $ 213 104 $ 36 70 $ 15 28 $ 31,987 59 $ 64,510 264 $ 65,282 377 $ 41,013 564 213,961 317 106 43 32,046 64,774 65,659 41,577 418,483 178,615 8,900 12,460 6,675 6,230 60,000 34,450 178,615 8,900 12,460 6,675 6,230 60;000 34,450 307,330 35,346 (8,583) 35,346 (12,354) 26,763 (6,632) 14,409 25,816 7,777 4,774 33,593 31,209 38,367 41,577 69,576 35,346 26,763 14,409 7,777 33,593 38,367 69,576 111,153 111,153 School District of Indian River County St. Edwards School Total Disbursed to Date $ 184,510 $ 122,820 $ 307,330 53 JEFFREY R. SMITH, CPA,, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: July 31, 2018 I comPT ` 1 i !%_ Alli o V R/`FR COUNj'� F SUBJECT: Quarterly Investment Report for Quarter Ending 6/30/2018 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the third quarter of this fiscal year. This report was reviewed by our investment advisory committee on July 19, 2018. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. 54 JEFFREY R. SMITH, CPA, CGFO, CGM.A Clerk of Circuit Court R. Comptroller Finance Department 1801 270i Street Vero Beach, FL 32960 Telephone: (772) 226-1945 Indian River County Investment Advisory Committee Quarterly Investment Report April 1, 2018 through .lune 30, 2018 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the ''Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The .Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities; evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Internal Audit Director, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David W. Griffis, Founding Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group; and Andy Beindorf, Market President of National Bank of Commerce. "AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (1 --FCB), Federal .Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Florida Local Government Investment Trust (F,LGIT), Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.0.1, Certificates of Deposit (CDs), Money Market Funds, Repurchase Agreements. I BOND PROCEEDS INVESTMENT I The current water and sewer bond reserve is placed with Bank of New York/Mellon and is currently invested in treasury ,notes. QUARTERLY AVERAGE YIELD The overall average yield for the quarter ended June 30, 2018 was 1.54°%. The overall average yield for the quarter ended March 31, 2018 was 1.24% and 1.01 % for the quarter ended December 31, 2017. 55 INVESTMENT ACTIVITY As of June 30, 2018 the investments portfolio book value was $389,495,533 with a market value of $388,412,885. Of the $3.89,495,533 portfolio total, $324,997;489 is restricted for the following purposes: $ 79,453,514 Special revenue projects $ 4,197,758 Debt payments for county bonds $ 77,301,902 Capital projects $ 161,117,359 Business -type activities $ 2,926,956 Escrow Funds $ 324,997,489 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) The weighted average maturity' of the treasury and agency investments as of June 30, 20,18 is 13 months. Yields on the individual investments ranged from 0.63% to 2.68%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending June 30, 2018: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) 56 loft 5/ Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2018 06/30/18 Coupon/ Purchase Maturity Years TO Yield To Original Portfolio Investment Type CUSIP Yield Date Oate MaturtIV Maturity Par Amount Book Value % FFCBCallable 3133EGMQS 0.880% 07/18/.16 07/18/18 0.05 0.880% S 2,000,000.00 5 2.000,000.00 FFC8 Callable 3133EGTH8 1.03096 09/06/16 09/06/18 0.19 1.030% $ 2,000,000.00 5 2.000,000.00 FFC8 Callable 3.133EGFXS Lola% 06/20/16 09/20/18 0.22 1.010% S 2,000,000.00 $ 2,000,000.00 FFCBCallable 3133EGA70 0.970% 11/01/16 11/01/18 0.34 0.970% S 2,000,000.00 S 2,000,000.00 FFCBCallable 3133EGA96 1.070% 11/28/17 05/01/19 0.84 1.615% S 2,003,000.00 S I,984,700.00 FFCB Callable 3133EHLUS 1.390% 06/05/17 06/05/19 0.93 1.3909E $ 2,000.000.00 S 2.000.000-00 FFCB Bullet 3133EHMRI 1.375% 06/12/17 06/12/19 0,95 1.375% $ 2,000,000.00 5 21000,000,00 FFC8 Callable 3133EGJX4 1.080% 03/31/17 07/05/19 1.01 1.481% 5 2,000,000.00 $ 1,982,200.00 FFCB Bullet 3133EHUX7 1.400% 08/14/17 08/14/19 1.12 1.40D% S 2,DW,000.00 5 2,000,000.00 FFCOCallable 3133EGXK6 1.120% 12/21/17 10/11/19 1.28 1.946% $ 2,000,000.00 $ 1.970,800.00 FFCBCallable 3133EGA62 1.16076 11/30/17 11/01/19 1.34 1.866% $ 2,000,000.00 $ 1,973,500.00 FFCBCallable 3133EGJV8 1.200% 12/08/17 01/06/20 1.52 1.955% $ 2,000,000.00 S 1,969,400.00 FFCBCallable 3133EHR70 1.740% 11/14/17 02/14/20 1.63 1.740% S 2.000,000.00 5 2,000,000.00 FFC8 Callable 3133EGAES 1-360% 12/21/17 02/18/20 1.64 1.991% $ 3.000,000.00 5 2,960,160.00 FFC8 Callable 3133EHLX2 1.500% 10/23/17 03/05/20 1.68 1.716% S 2,000,000.00 S 1,990,000.00 FFCB Callable 3133EHCSO L680% 03/13/18 04/03/20 1.76 2.316% 5 2,000,000.00 $ 1.974,600.00 FFCBCallable 3133EHHA4 1.620% 05/16/18 04/27/20 1.83 2.670% S 3,000.000.00 S 2,940,600.00 FFC8 Callable 3133EHT78 1.830% 12/21/17 05/20/20 1.89 2.013% $ 3,000,OW.00 5 2,987,040.00 FFCBCallable 3133EJEK1 2.450% 03/02/18 06/01/20 1.92 2.450% S 3,000,000.00 $ 3,000,000.00 FFC8 Callable 3133EJMSS 2.625% 05/03/18 08/03/20 2.10 2.656% 5 3,ODO,000.00 S 2,998,050.00 FFC8 Callable 3133EHUEI 1.650% 03/19/18 08/10/20 2.12 2.372% 5 2,000,000.00 S 2,966,600.00 FFCBCallable 3133EGVX8 1-350% 05/10118 09/21/20 2.23 2.661% $ 3,000,000-00 5 2,910.450.00 FFCB Callable 3133EGXU4 1.370% 05/10/18 10/06/20 2.27 2.665% S 3,000.000.00 5 2,910,000.00 We Callable 3133EJMX4 2.680% 05/10/18 31/02/20 2.35 2.701% S 3,000,000.00 5 2,998,500.00 FFCBCallable 3133EGF42 1.360% 05/10/18 11/09/20 2.36 2.655% 5 3,000,000.00 S 2,906,700.00 S 59,OW,00000 5 58.423,300.00 15.09% FHLB Callable 3130ASPZO 0.840% 07/12/16 07/12/18 0.03 0.040% $ 2,000,000.00 S 2,000,000.00 FHLB Bullet 3130ASPK3 0.625% 07114/16 08/07/18 0.10 0.770% S 2,000,000.00 S 1,994,000.00 FHLB Callable 3130A9C90 1.050% 09/28/16 09/28/18 0.25 1.050% S 3,000,000.00 S 3,000,000.00 FHLB Bullet 3130A9AE1 0.875% 12/12/16 10/01/18 0.25 1.142% S 3,000,000.00 S 2.985,750.00 FHLB Callable 313DA9NHO 1.000% 10/11/16 10/11/18 0.28 1.00076 $ 2,000,000.00 S 2,000,000.00 FHLB Bullet 3130AAE46 11250% 08/31/17 01/16/19 0.55 1.321% S 2,000,000.00 5 1,998,060.00 FHLB Bullet 3130ADNES 1.875% 02/16/18 02/12/19 0.62 2.010% 5 3.000,000.00 S 2.996,340.00 FHLB Bullet 3133782M2 1.500% 11/28/17 03/08/19 0.69 1.712% $ 2,000,000.00 $ 1.994,640.00 FHLB Callable 3130AAW79 1.350% 03/21/17 03/20/19 0.72 1.414% $ 3,000,000.00 5 .2,996,250,00 FHLB Bullet 3130ABDXIB 1.400% 05/24/17 05/24/19 0.90 1.425% 5 2,000,000.00 5 1.999,000.00 FHLB Bullet 313OA8086 1.125% 03/08/17 06/21/19 0.98 1.467% 5 3,000.000.00 S 2,976,999.00 FHLB Bullet 323OA82GO 1.40016 03/31/17 06/27/19 0.99 1.416% 5 2,GW,000.00 S 1,999,312.00 FH1.8 Bullet 3130ASRS76 1460% 07/12/17 07/12/19 1,03 1.4610% $ 2,000,000.00 $ 2,000,000.00 FHLB . IX 3130ASS21 1375% 05/12/17 07/26/19 1.07 1.375% 5 2,000,000.00 5 2.000,OOD.00 FHLB Callable 3130ABWXO 1-500% 08/22/17 08/22/19 1-15 1.500% S 2,000.00.00 S 2.000,000.00 FHLB Bullet 313OA9EP2 1.000% 05/10/17 09/26/19 1.24 L436% $ 2,000,000.00 $ 1,979,660.00 FHLB Bullet 313OA9EPZ 1000% 05/11117 09/26/19 1.24 1.435% S 2,000.000.00 $ 1,979,750.00 FHLB Bullet 3130ASM89 1.450% 07/18/17 10/18/.19 1.30 L450% S 1,000,000.00 S 2.OW,000.00 FHLB Bullet 3130AA3117 1.375% 06/30/17 11/15/19 1.38 1.433% S 2,000,000.00 5 1,997,300.00 FHL8 Callable 3130ABCG9 1.600% 05/16118 02/03/20 1.60 2.634% 9 3,000,000.00 5 2,948,310.00 FHLB -1X 3130ACN83 1.700% 11/21/17 05/15/20 1.88 1.869% $ 2,000,000.00 5 1,991.800.00 FHLD Bullet 313383HUS 1.750% 03/23/I8 06/11/20 1.95 2.399% S 2,000.D00.00 5 1,972,080.00 FHLB Callable 3130ABND5 1.625% 12/08/37 06/26/20 1.99 1.907% S 2,000,000.00 $ 1,986,000.00 FHLB Callable 3130ABNM4 1.640% 06/2S/16 06/29/20 2.00 2.606% S .3,000,000.00 $ 2,943,570.00 FHLB Callable 3130ABNV4 1.750% 03/15/18 07/31/20 2.09 2.419% 5 3,000,000.00 5 2,954,790.00 FHLBCallable 3130ACTKO 1,875% 03/19/18 08/25/20 2.16 2.379% $ 3,000,000.00 S 2,964,420.00 FHL8 Callable 3130ADSFO 25009A 03/29/18 09/29/20 2.25 2.500% $ 3,00D,DW.00 $ 3,000,000.00 $ 64,000,DW.00 5 63,658,031.00 16.44% FHLMC Callable 3134GAGM0 1.040% 12/12/16 08/24/18 0.15 1.040% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GADR2 1.010% 08/30/16 08/28/18 0.16 1.010% $ 2,000,000.00 S 2,000,000.00 FHLMC Callable. 3134GAVWI 1.050% 12/28/16 11/07/18 0.36 1.285% $ 3,000,000.00 $ 2,987,100.00 FHLMC Callable 3134GAW26 1.400% 02/28/17 02/25/19 0.66 1.40096 S 2,000,000.00 5 2,000,000.00 FHLMC Bullet 3137EADZ99 1.125% 03/08/17 04/15/19 0.79 2422% $ 3,000,000.00 5 2,981.619.00 FHLMC - IX Call 3134GBEG3 1.410% 04/26/17 04/26/19 0.82 1.410% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GAXOS 1.125% 08/29/17 05/28/19 0.91 1.343% S 2,000,000.00 S 1,992,500.00 FHLMC Bullet 3137EADGI 1.750% 12/06/17 05/30/19 0.92 1.789% $ 3,000,000.00 S 21998.290.00 FHLMC Bullet 3137EAES13 0.875% 03/31/17 07/19/19 Los 1,394% $ 2,000,000.00 S 1,976,578.00 FHLMC Bullet 3137EADK2 1.250% 03/30/17 08/01/19 1.09 1.402% S 3,00,000.00 $ 2,989,560.00 FHLMC Callable 3134GA7A6 1500% 05/11/19 09/09/19 1.19 1.50096 $ 2,000,000.00 S 2,000,000.00 FHLMC Bullet 3137EADM8 1.250% 05104/17 10/02/19 1.26 1.451% S 3,000,000.00 5 . 2.985.780.00 FHLMC Callable '3134GBED4 1.70056 11/21/17 03/27/20 1.74 1.776% S 2,6X0,000.00 5 1,977,300.00 FHLMC Bullet 3137EAEF2 1.375% 11/21/17 04/20/20 1.81 1.858% 5 2,000,000.00 5 1,996.500,00 FHLMCCallable 3134GBO88 1.750% 10/30/17 04/30/20 1.84 1.750% 5 2,000,000.0 $ 2,000.000.00 FHLMC Bullet 3137EADR7 1.375% 11/21/17 5/1/2020 1.84 1.823% S 2.00,000.00 5 1,978.660.00 S 38.000,000.00 S 37,863,887.00 9.78% FNMA Bullet 3135GOH63 1.375% 12/06/17 01/28/19 0.58 1.699% $ 3,000,000-00 S 2.9891020.00 FNMA Bullet 3135GOZA4 1.875% 02/16/18 02/19/19 0.64 2.016% $ 3,000,000.00 5 2,995,800.00 FNMA Bullet 3136GIGV56 L2S0% O6/05/17 03/25119 0.73 1.304% $ 2,000,000.00 $ 1,998,070.00 FNMA Bullet 3135GOP49 LX0% 05/05/17 08/28/19 1.16 1.442% $ 2,000,000.00 $ 1,979,946.00 FNMA Callable 3135GOP56 1.250% 11/30/17 09/20/19 1.22 1.842% $ 2,OW,000.00 $ 1,979,060.00 FNMA Bullet 313SCOR39 1.000% 06/30/17 10/24/19 1.32 1.425% $ 2,000,000.00 S 1.980,694.00 FNMA Bullet 3.135GOA78 1.625% 12/08/17 01/21/20 1.56 1.862% $ 3,000,000.00 5 2,98$,270.00 loft 5/ Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2018 Restricted Cash - Housing Account $351,910.89 Total Portfolio 5389,495,532.75 Note: See separate investment report for OPEB funds. M 2 of 06/30/18 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP yield Date Date Maturity Maturity Par Amount Book Value % FNMA Bullet 313SGOT29 1.500% 10/23/17 02/28/20 1.67 1.688% 5 2,000,000.00 5 1,991,360.00 FNMA Callable 3136G41.04 1.750% 12/08/17 05/28/20 1.91 .1.875% $ 3,000.000.00 S 2,991,000.00 FNMA Callable 3136G3UR4 1.380% 03/23/18 06/30/20 2.00 2.443% $ 3,000,000.00 S 2,929,950.00 FNMA Bullet 3135GOT60 1.800% 03/15/18 07/30/20 2.08 2.351% 5 3,000,000.00 $ 2,941,350.00 FNMA Callable 313663686 1.450% 04/30/18 09/15/20 2.21 2.610% $ 3,000,000.00 S 2,920,320,00 S 31,000,000.00 S 30,681;840.00 7.92% Treasury Note 91282SR93 0.625% 12/09/16 06/30/18 - 0.999% S 3,000,000.00 S 2,982,660.00 Treasury Note 912828893 0.625% 11/18/16 06/30/18 - 0.952% $ 3,000,000.00 5 2,984,296.88 Treasury Note 912828XKI 0.875% 12/16/16 07/15/38 0.04 1.162% $ 2,000,000.00 $ 1,991,020.00 Tmasury Note 912828568 0.750% 12/09/16 07/31/18 0.08 1.038% $ 2,000,000.00 $ 1,990,625.00 Treasury Note 912828568 0.750% 11/30/16 07/31/18 0.08 1.048% 5 3,000,000.00 5 2,985,234.38 Treasury Note 912828K82 LOW% 12/12/16 08/15/18 0.13 1.075% $ 3.0001000.00 5 2.996,250.00 Treasury Note 912828203 0.750% 12/09/16 08/31/18 0.17 1.057% $ 2.000,000.00 5 1,989,540.00 Treasury Note 912828203 0.750% 11/30/16 08/31/18 0.17 1.066% S 3,060,000.00 5 2,983,590.00 Treasury Note 91282BL40 1.000% 11/30/16 09/15118 0.21 1.080% $ 3,000,000.00 S 2,995,770.00 Treasury Note 91282ST42 0.750% 12/09/16 09/30/18 0.25 L078% S 3,000,000.00 5 2,982,420.00 Treasury Note 912828LBIS 0.875% 11/30/16 10/15/18 0.79 1.080% 5 3,000,000.00 S 2,988,633.00 Treasury Note 912828783 0.750% 12/09/16 10/31/18 0.34 3.093% $ 3,000.000.00 $ 2,980,800.00 Treasury Note 91282SM64 1.250% 03/27/18 11/15/18 0.38 1.977% 5 3,000,000.00 S 2,986,287.00 Treasury Note 9128281163 1.125% 03/27/18 01/15/19 0.55 2.045% $ 2,000,000.00 S 1,985,390.00 Treasury Note 912828V56 1.125% 03/28/19 001119 0.59 2.061% S 3.100,000.00 S 2,976,562.50 Treasury Note 912828PS3 0.750% 03/27/18 02/15/19 0.63 2.054% $ 2,000,000.00 S 1,976,952.00 Treasury Note 912828SH4 1.375% 03/28/18 02/28/19 0.67 2.078% S 3,000,000.00 S 2,980,779.00 Treasury Note 91282SP95 1.000% 03/28/18 03/15/19 0.71 2.102% 5 3,000,000.00 S 2,968,593.00 Treasury Note ,912828W97 1.250% 09/14/17 03/31/19 0.75 1.332% $ 2,0=000.0d 5 1,997,500.00 Treasury Note 912828578 1.250% 03/28/18 04/30/19 0.83 2.123% S 3,000,000.00 5 2,971,875.00 Treasury Note 91282BR44 0.875% 08/29/17 05/15/19 0.87 1.273% 5 2,000,000.00 $ 1,986.562.50 Treasury Note 9I2828SX9 1.125% 05/03/18 05/31/19 0.92 2.330% S 3,000.000.00 5 2.962,500.00 Treasury Note 912828TC4 1.000% 09/14/17 06/30/19 IAO 1.336% S 3,000,000.60 S 2,982,187.50 Treasury Note 912828Ws5 1.625% 11/30/17 06/30/19 1.00 1.728% S 3.000,000.00 S 2,995,200.00 Treasury Note 91828282KS 1.375% 12/01/17 07/31/19 Los 1.817% S 3,000,000.00 $ 2,978,906.25 Treasury Note 9128I8D80 1.625% 11/30/17 08/31/19 1.17 1.752% 5 3,000.000.00 $ 2,993,437.50 Treasury Note 912828F39 1.750% 05/03/18 09130/19 1.25 2.420% S 3,000,000.00 $ 2,972,619.00 Treasury Note 93282BF62 1.500% 12/12/17 10/31/19 1.34 1.797% S 3,000,000.00 5 2,983,560.00 Treasury Nate 912828V31 1.375% 12/18/17 01/15/20 1.55 1.845% $ 3,000,010.00 $ 2.971,406.25 Treasury Note 9128283S7 2.000% 05/03/18 01/31/20 1.59 2.460% $, 3,00,000.00 5 2.976,562.50 Treasury Note 912828W63 1.625% 12/12/17 03/15/20 1.71 1.845% S 3,000,000.00 5 2,985,420.00 Treasury Note 912828X21 1.500% 12/12/17 04/15/20 1.79 1.857% $ 3,000,000.00 S 2,975,580.00 S 89.000.000.00 $ 88,458,719.26 22.84% Regions Bank Money Market $13,551,443.86 3.50% Regions Bank Lockbox Accounts S7,472,254.89 1 a3% TD Bank Checking Account 521,144,700.84 5,46% Wells Fargo Bank Checking Account 516,573.14 0.004% BankUnited Money Market $21,891,369.10 5.65% National Bank of Commerce CD 2.500% 05/11/18 05/11120 1..87 $6,145,340.93 1.599/6 Valley National Bank Government Interest Checking $15,157,950.88 3.91% Marine Bank Business Money Market S5,033,329.20 1.30% Total General Cash & Equivalents - Unrestricted $369,498,740.10 Restricted Cash -Bond Covenants (hold by BNY/Mellon) Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve 5 46,840.36 Treasury Note 912828893 0.625% 06/30/16 WWII 0.25 0.745% 51,480,000.00 51,480,000.00 Treasury Note 91282SU40 1.000% 11/30/16 1 IM118 0.67 1-085% 51,030,000.00 51.025,416.50 Treasury We 912828XV77 1.250% 06/30/17 06/36/19 1.25 1.345% 51,610,000.00 $1,592.386.60 Total Restricted Bond Reserve - adjusted for fair market value 54,144,643.46 1.07% Restricted Cash - Landfill FL CLASS -Landfill Closure 8 Posiclosure Reserves $ 13,591,853.34 3,51% Total Pooled Cash & Equivalents $387,235,236.90 100,00°/ Rostricted Cash - Health Insurance TO Bank - BCBS Claims Account $1,824,384,96 Citibank - BCBS Imprest Acca $84,000.00 Total Restricted Cash - Health Insurance $1,908,384.96 Restricted Cash - Housing Account $351,910.89 Total Portfolio 5389,495,532.75 Note: See separate investment report for OPEB funds. M 2 of 59 Iof2 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30, 2018 06130118 Coupon! Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow Treasury Note 912828893 0.625% 12/09/16 06/30/18 - 0.494% 5 3,000,000.00 5 2,982,660.00 TreasuryNote 9128I8R93 0.625% 11/18/16 06/30/18 - 0.952% $ 3,00,000.00 $ 2,984,296.88 S 6,000.000.00 FHLBCailable 313048PZO 0.840% 07/12/16 07/12/18 0.03 0,840% S 2,000,000.00 $ 2,000,000.00 TreasuryNote 912R28XK3 0.875% 12/16/16 07/15/18 0.04 1.162% $ 2,000,000.00 S 1,991,020.00 FFCe Callable 3133EGMQS 0.880% 07/18/16 07/16/18 0.05 0.880% S 2,000,000.00 $ 2,000,000.00 TreasuryNote 912828568 0.750% 12/09/16 07/31/18 0.08 1.038% $ 2,000,000.00 S 1,990,625.00 TreasuryNote 912828568 0.750% 11130/16 07/31/18 0.08 1.048% $ 31000,000.00 S 2,985,234.38 5 11,000,000.00 FHLBBullet 313OA8PK3 0.625% 07/15/16 08/07/18 0.10 0.770% 5 2,000,000.00 $ 1,994,000.00 TreasuryNote 91282BK82 1.000% 12/12/16 08/15/18 0.13 1.075% $ 3,000,000.00 5 2,996,250.00 FHLMC Callable 3134GAGMQ 1.040% '12/12/16 08/24/18 0.15 1.040% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GADR2 1.010% 08/30/16 08/28/18 0.16 1.010% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 9128282C3 0.750% 12/09/16 08/31/18 0.17 1.057% $ 2,000,000.00 5 1,989,540.00 TreasuryNote 912828203 0.750% 11/30/16 08/31/18 0.17 1.066% S 3,000,000.00 S 2,983,590:00 5 15,Oo0,pW.DO FFCB Callable 3133EGTH8 1.030% 09/06/16 09/06/18 0.19 1.030% 5 2,000,000.00 S 2,000,000.00 Treasury Note 9128281.40 1.000% 11/30/16 09/15/18 0.21 1.08036 $ 3,000,0110.00 S 2,995,770.00 FFC8Callable 3133EGFXS 1.010% 06/20/16 09/20/18 0.22 2.010% $ 2,000,000.00 S 2,000,000.00 FHLB Callable 3130A4C90 1.050% 09/28/16 09/28/18 0.25 1.050% S 3,000,000.00 S 3,00,000.00 TreasuryNote 91282ST42 0.750% 12109/16 09/30/18 0.25 1.07846 $ 3,000,000.00 $ 2,982,420.00 S 13,000,0W.DD FHLB Bullet 313GAWL 0,875% 12/12/16 10/01/18 0.25 1.142% S 3,0001000.00 S 2,985,750.00 FHLB Callable 3130A4NHO 1.000% 10/11/16 10/11/18 0.28 1.000% 5 2,000,000.00 S 2.000,000.00 TreasuryNote 9128281.815 0.875% 11/30/26 10/15/18 0.29 1.080% $ 3,000,000.00 5 2,988,633.00 TreasuryNote 912828783 0.750% 12/09/16 10/31/18 0,34 1.093% 5 3,000,000.00 S 2,980.800.00 $ 11,000.000.00 FFCB Callable 3133EGA70 0.970% 11/01/16 11/01/18 0.34 0970% S 2,000,000.00 5 2,000,000.00 FHLMC Callable 3134GAVWI 1.050% 12/28/16 11/07/18 0.36 1185% S 3,000,000.00 S 2.987,100.00 TreasuryNote 91282SM64 1150% 03/27/18 11/15/18 0.38 1.977% 5 3,000,0013.00 S 2986,287.00 S 8,000,000.00 TreasuryNote 412828%63 1.125% 03/27/18 01/15/19 0.55 2.045% $ 2,000,0W.00 5 1,985,390.00 FHLB Bullet 3130AAE46 1.250% 08/31/17 01/16/19 OSS 1.321% $ 2.000,000.00 5 1,998,060.00 FNMA Bullet 3135GOH63 1.375% 12/06/17 01/28/19 0.58 1.699% $ 3,000,000.00 S 2,989,020.00 Treasury Note 912878VS6 1,125% 03/28/18 01/31/19 0.59 2.061% S 3,000,000.00 S 2.976,56250 S 30,000,000.00 FHLB Bullet 3130ADNES 1.875% 02/16/18 02/12/19 0.62 2.000% $ 3.000,000.00 5 2,996,340,W Treasury Note 912828PS3 0.750% 03/27/18 02/15/19 0.63 2.064% S 2,000,ODO.00 S 1,976,952.00 FNMA Bullet 3135GOZA4 1.875% 02/16/18 02/19/19 0.64 2.016% ,$ 3,000,000.00 5 2.99$.800.00 fHLMC Callable 3134GAW26 1.400% 02/28/17 02/25/19 0.66 1.400% 5 2,000,000.00 5 2,000,000.00 Treasury Note 912828SH4 1.375% 03/28/18 02/28/19 0.67 2.078% 5 3,OW,000.00 5 2,980,779.00 5 13,000,000.00 FHLB Bullet 3133782M2 ISM 11/28/17 03/08/19 0.69 1.712% S 2,000,000.00 5 1,994,640.00 Treasury Note 012828PI95 1.000% b3/28/I8 03/15/19 0.71 2.102% S 3,00,000.00 5 2968,593.00 FHLBCallabie 3130AAW79 1.350% 03/21/17 03/20/19 0,72 1.414% $ 3.0,000.00 S 2,946,250.00 FNMA Bullet 3136GIGV56 1.250% 06/05/17 03/25/19 0.73 1.304% S 2,OW,000.00 S 1,998,070.00 Treasury Note 91282RW97 1.250% D9/14/17 03131119 0.75 1.332% 5 2,000,000.00 S 1,997,500.0 $ 12,000,DW.00 FHLMC Bullet 3137EADZ99 1.125% 03/08/17 04/15/19 0.79 1.422% $ 3.000,000.00 S 2,981,619.00 FHLMC -IX Cali 3134GBEG3 1.410% 04/26/17 04/I4/19 0.82 1.420% S 2,00,000.00 S 2,000.000.00 Treasury Note 912828578 1.250% 03/28/18 D4/30/19 0.83 2.123% 5 31000,000.00 S 2,971,875.00 $ 8.000,000.00 FFC8 Callable 3133EGA96 1.07076 11/28/17 05/01/19 0.84 1.615% S 2,000,000.00 S 1,984,700.00 Treasury Note 912828844 0.875% 08/29/17 05/15/19 0.87 1.273% S 2,000,000.00 $ 1,986,562.50 FHLa Bullet 3130ABOXIS 1.400% 05/24/17 05/24/19 0.90 1.425% 5 2,000,000.00 5 11999,000.00 FHLMC Callable 3134GAXBS 1.125% 08/29/17 05128/19 0.91 1343% S 2,000.000.00 5 1,992,500.00 FHLMCBullet 3137EADGI 1.750% 12/06/27 05/30129 0.92 1.789% 5 3.000,000.00 $ 2,998.290.00 TreasuryNote 912828SX9 1.125% 05/03/18 OS/33119 092 2.310% 5 3,000.000.00 $ 2,962,500.00 S 14,000,000,00 FFC8 Callable 3133EHLU5 1.390% 06/05/17 06/05/19 0.93 1.390% S 2,000,000.00 S 2,000,000.00 FFC8 Bullet 3133EHMR12 3.375% 06/12/17 06/12/19 0.95 1375% $ 2.000,000.00 5 2,000,000.00 FHLB Bullet 313OA8DB6 1.125% 03/08/17 06/21/19 0.98 1.467% $ 3,000,000.00 5 2,976,999.00 FHLB Bullet 313OA82GO 1.400% 03/31/17 06/27/19 0.99 1.416% $ 2,000,000.00 S 1,999,312.00 TreasuryNote 912828TC4 1.000% 09/14/17 06/30/19 1.00 1.336% S 3,000,000.00 S 2,982,187.50 Treasury Nate 912828WSS 1.62S% 11/30/17 06/30/19 SAD 1.728% $ 3,OW,000.00 $ 2,995,200.0 $ 15,000,0W,00 FFC8 Callable 3133EGJX4 1.080% 03/31/17 07/05/19 1.01 1,481% $ 2,000,000.00 $ 1,982.200.00 FHLB Bullet 3130ABRS76 1.46046 07/12/17 07/12/19 1.03 1.460% 5 2,000,000.00 5 2,000,000.00 FHLMC Bullet 3137EAES13 0.875% 03/31/17 07/19/19 1.05 2.394% $ 2,000,000.00 $ 1,976,578.00 FHLB • lX 3130AB1121 1.375% 05/12/17 07/26/19 1.07 1.375% $ 2,000,000.00 5 2,000,000.00 TreasuryNote 9128282KS 1.375% 12/18/17 07/31/19 1.08 1.817% S 3,000,OW.00 5 2,978,906.25 5 11,000,000.00 FHLMC Bullet 3137EAOK2 1.250% 03/30/17 08/01/19 1.09 1.402% S 3,000,0W.00 $ 2,989,560.00 FFCB Buttet 3133EHUK7 1,400% 08/14/17 08/14/19 1.12 1.400% S 2,000,000.00 S 2,000,000.00 FHLBCallable 3130ABWXO 1.500% 08/22/17 08/22/19 LIS 1500% $ 2,000,000.00 $ 2,000.000.00 FNMA Bullet 3135GOP49 1.000% 05/05/17 08/28/19 1.16 1.442% S 2,000,000.00 5 1,979,946,00 TreasuryNote 912828080 1.625% 11/30/17 !18/31/19 1.17 1.752% S 3,000,000.00 $ 2,993,437.50 $ 12,000,OW.00 FHLMC Callable 3134GA7A6 1.500% 05/,11/17 09/09/19 1.19 1.500% $ 2.000,000.00 5 2,000,000.00 FNMA Callable 3135GOP56 1.250% 11/30/17 09/20/19 1.22 1.842% 5 2,000,000.00 $ 1,979,060,00 FHLBBullet 313OA9EP2 1.000% 05/10/17 09/26/19 1.24 1.436% $ 2,00.000.00 $ 1,979,660.00 FHLB Bullet 3130A9EP2 1.000% 05/11/17 09/26/19 1.24 1.435% S 2.000,000.00 $ 1,979,750,00 Treasury Nate 91282SF39 1.750% 05/03/18 09/30/19 ;115 2.410% S 3,000,000.00 S 2,972,619.00 $ 11,000,000.00 59 Iof2 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30,2018 Restricted Cash - Housing Account S351,910.89 Total Portfolio S 389,495,532.75 Note: See separate Investment report for OPER funds, 60 201-2 06/30/18 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Dale Maturity Maturity Par Amount . Book Value Mo Cash Flow FHLMC Bullet 3137EADM8 1.250% 05/04/17 10/02/19 1.26 1.451% 5 3,000,000.00 5 2,985,780.00 FFCBCailable 3133EGXK6 1.120% 12/21/17 10/11/19 1.28 1.946% S 2,000,000.00 $ 1.970,800.00 FHLB Bullet 3130ABT089 1.450% 07/18/17 lo/la/19 1.30 1450% S 2.000,000.00 S 2,000,000.00 FNMA Bullet 3135GOR39 1.000% 06/30/17 10/24/19 132 1.425% S 2,000,000.00 5 1.980,694.00 Treasury Note 912828F62 1.500% 12/12/17 10/31/19 1.14 1.797% $ 3,000,000.00 S 2,983.560.00 S 12,000,000.00 FFCB Callable 3133EGA62 1164% :11/30/17 11/01!19 1,34 1.866% 5 2,000,000.00 S 1,973,500.00 FHLB Bullet 3130AA3R7 1.375% 06/30/17 11/15/19 1.38 1.433% S 2.000,000.00 $ 1,997,300.00 S 4,000,000,00 FFCB Callable 3133EGNS 1.200% 12/08/17 01/06/20 1.52 1.955% S 2,000,000.00 $ 1,969,400.00 Treasury Note 91282BV31 1.375% 12/18117 01/3,S/20 1.55 1.845% 5 3,000,000.00 5 2,971,406.25 FNMA Bullet 3135GOA78 1.625% 12/08/17 01/21/20 1.56 1.862% S 3,000,000.00 S 2,985,270.00 Treasury Note 912828357 2.000% 05/03/18 01/31/20 1.59 2.460% 5 31000,000.00 S 2,976,562.50 $ 11,0M.000.00 FHLB Callable 3130ABC69 1.600% 05/.16/18 02/03/20 1.60 2.634% 5 3,000,000.00 $ 2,948,310.00 FFCB Callable 3133EHR70 1340% 11/14/17 02/14/20 1.63 1.740% $ 2,0110,000.00 $ 2,000,000.00 FFCB Callable 3133EGAE5 1.360%. 12/21/17 02/18/20 1.64 1.991% $ 3,000,000.00 S 2,960,160.00 FNMA Bullet 3135GOT29 1.500% 10/23/17 02/28/20 1.67 1.688% $ 2,000,000.00 S 1,991,360.00 S 10,000,000.00 FFCB Callable 3133EHLX2 ISM 10/23/17 03/65/20 1.58 1.716% $ 2,000.00,00 $ 1,990,000.00 Treasury Note 912828W63 1.625% 12/12/17 03/15/20 1.71 1.845% S 3.000,000.00 S 2,985,420.00 FHLMC 3134GSE64 1.700% I1/21/17 03/27/20 1.74 1.776% S 2,000,000.00 S 1,996,500.00 5 7,000,000.00 FFCB Callable 3133EHCSO 1680% 03/13/18 04/03/20 1.76 2.316% $ 2,000,000.00 S 1.974,600.00 Treasury Note 912828X21 1.500% 12/12/17 04/15/20 1.79 1.857% $ 3,000,000.00 S 2.975,580.00 FHLMC Bullet 3137EAEF2 1.375% 11/21/17 04/20/20 1.81 1.858% $ 2,000,000.00 $ 1,977,300.00 FFCB Callable 3133EHHA4 1.620% 05/16/18 04/27/20 1.83 2.670% S 3,000,000.00 $ 2,940,600.00 FHLMC Callable 3134GBQ88 1.750% 10/30/17 04/30/20 1.84 1.750% $ 2,000,000.00 $ 2,000,000.00 S 12,(X10,000.00 FHLMC Bullet 3137EADR7 1.375% 11/21/17 05/01/20 1.84 1.823% S 2,000.000.00 5 1.978,660.00 FHLB - IX 3130ACN83 1.700% 11/21/17 05/.15/20 1188 1.869% S 2,000,00000 5 1,991,800.00 FFCB Callable 3133EHT78 1.830% 12/21/17 05/20/20 7,89 2.013% S 3.000,000.00 5 2,987,040.00 FNMA Caltable 3136G4LQ4 1.750% 12MI17 05/28/20 1.91 1.875% S 3,000,00.00 S 2,991,000.00 $ 10,000,000.00 FFCB Callable 3133EJEKI 2.450% 03/01/18 06/01/20 1.92 2.450% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 313383HU8 1.750% 03/23/18 06/12/20 195 2.399% S 2,000,000.00 $ 1.972,080.00 FHLB Callable 3130ASNOS 1.625% 12/08/17 00/26/20 1.99 1.907% $ 2,000,000.00 S 1.986,000.0D FHLB Callable 3130ABNM4 1.640% 06/25/18 '06/29/20 7.D0 2.60696 S 3,000,000.00 $ 2,943,570.00 FNMA Callable 3136G3UR4 1.380% 03/23/18 06130/20 2.00 2.443% $ 3,000,000.00 S 2,929,950.00 S 13,000,000.00 FHLB Callable 3130ABNV4 1.750% 03/15/18 07/13/20 2.44 2.419% 5 3,000,000.00 $ 2,954,790.00 FNMA Bullet 3135GOT60 1.500% 03/15/18 07/30/20 2.08 2.351% S 3,040,000.00 $ 2,941,350.00 S 6.000,000.00 FFCB Callable 3133EIMS5 2.625% 05/03/18 08/0380 7.10 2.656% S 3,000,000.00 S 2,998,050.00 FFCB Callable 3133EHUEI 1.650% 03/19/18 08/10/20 2.12 2.372% S 2,000,000.00 S 1,966,600.00 FHLO Callable 3130ACTKO 1.875% 03/19/18 08/25/20 2.16 2.379% $ 3.000,000.00 5 2,964,420.00 5 8,000,000.00 FNMA Callable 313663686 1.450% 04/30/18 09/15/20 2.21 2.61096 5 3,000,000.00 $ 2,920,3I0.00 FFCB Callable 3133EGVK8 1.350% 05/10/18 09/21/20 2.23 2.661% S 31000,000.00 S 2,910,450,00 FHLB Callable 3130ADSFO 2.500% 03/29/18 09/19/20 125 2.50096 $ 3,000.000.00 5 3,000,000.00 $ 910001000.00 FFCB Callable 3.133EGXU4 1.370% 05/10/18 10/06/20 2.27 2.665% 5 3,000,000.00 5 2.910,000.00 $ 3,000,000.00 FFCB Callable 3133EJMX4 2.680% 05/10/18 11/02/20 2.35 2.701% S 3,000,000.00 $ 2,998,500.00 FFCB Callable 3133EGF42 1.360% oslm/la 11/09120 2.36 2.655% S 3,000,000.00 S 2.906,700.00 5 6,000,000.00 Sub Total - General Investments S 281.000,000,00 5 279,085,777.26 $ 281,000,000.00 Regions Bank Money Market S13,553,443.86 Regions Lockbox Accounts $7,472,254.89 TD Bank Checking Account $21,144,700.84 Wells Fargo Bank Checking Account $16,573.14 BankUnited Money Market $21,891,369.10 National Bank of Commerce CD 2.500% 05/11/18 05/11/20 1.87 56,145,340.93 Valley National Bank Government Interest Checking S15,157,950.88 Marine Bank Business Money Market 55,033,329.20 Total General Cash & Equivalents - Unrestricted S 369,498,740.10 Restricted Cash -Bond Covenants (hold by BNYlMellonl Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve S 46,840.36 Treasury Nate 91287.8R93 0.625% 06/30/16 06130/18 0.25 0.745% $1,480,000.00 $1,480,000.00 Treasury Note 912828040 1.0000/0 11/30116 11/30118 0.67 1.085% $1,030,000,00 $1.023,416.50 Treasury Note 912828XV77 1.250% 06/30/17 06/30/19 1.25 1.345% 51,610,000.00 $1,592,386.60 Total Restricted Bond Reserve - adjusted for fair market value $4,144,643.46 Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves S 13,591,853.34 Total Pooled Cash & Equivalents S 387,235,236.90 Restrigtod Cash - Health Insurance TO Bank . BCBS Clairns Account $1,824,384,96 Citibank - BCBS Imprest Acct 584,004,00 Total Restricted Cash - Health Insurance $1,908,384.96 Restricted Cash - Housing Account S351,910.89 Total Portfolio S 389,495,532.75 Note: See separate Investment report for OPER funds, 60 201-2 Schedule 3 Indian River County Portfolio By Maturity Date June 30, 2018 $300,000,000 $250,000,000 -- $239,753,092 $200,000,000 $150,000,000 - ---- — ---" _ W $118,271,261 $100,000,000 $50,000,000 $31,471,180 $0 0-12 Months 13.24 Months 2S-36 Months Total Portfolio $389,495,533 61 Schedule 4 Indian River County Portfolio By Type June 30, 2018 FL CLASS - landfill UT Reserve 1.07%— 3.51%, Treasury Notes 15.09% Valley Nati Bank 3.91% \ TO Bank Checking ��r.�.•�' 5.46% Regions Bank ` t 5.43% Weiss Fargo Bank 0.004% BankUnited $ Mkt 5.65 Marine Bank 1.30% FNMA 7.92% FHLMC 9.78% FHLB 16.44% Bk Comm CO 1.59% 62 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Ouarter Ending June 30, 2018 PURCHASES.- Investment URCHASES: Investment Description Yield to Maturit Purchase Date Call Date Maturity Date Par Amount Book Value FNMA Callable 2.61% 04/30/18 06/15/18 09/15/20 $3,000,000 $2,920,320.00 Treasury Note 2.31% 05/03/18 05/31/19 $3,000,000 $2,962,500.00 Treasury Note 2.41% 05/03/18 09/30/19 $3,000,000 $2,972,619.00 Treasury Note 2.46% 05/03/18 01/31/20 $3,000,000 $2,976,562.50 FFCB Callable 2.66% 05/03/18 08/03/18 08/03/20 $3,000,000 $2,998,050.00 FFCB Callable 2.66% 05/10/18 05/16/18 09/21/20 $3,000,000 $2,910,450.00 FFCB Callable 2.67% 05/10/18 08/10/18 10/06/20 $3,000,000 $2,910,000.00 FFCB Callable 2.70% 05/10/18 05/25/18 11/02/20 $3,000,000 $2,998,500.00 FFCB Callable 2.66% 05/10/18 05/16118 11/09/20 $3,000,000 $2,906,700.00 FHLB Callable 2.63% 05/16/18 08/03/18 02/03/20 $3,000,000 $2,948,310.00 FFCB Callable 2.67% 05/16/18 05/22/18 04/27/20 $3,000,000 $2,940,600.00 FHLB Callable 2.61% 06/25/18 06/28/18 06/29/20 $3 000 000 $2943 570.00 12 $36,000,000 $350 MATURITIES: Investment Description Yield to Maturity Purchase Date Early Cell Date Maturitv Date Par Amount Book Value Treasury Note 0.75% 03/31/16 03/31/18 $2,000,000 $1.999,900.00 Treasury Note 1.05% 12/04115 03/31/18 $3,000,000 $2,979,390.00 FHLMC Bullet 0.86% 05/17/16 04/09/18 $3,000,000 $2,993,619.00 Treasury Note 1.07% 12/07/15 04115118 $3,000,000 52,977,710.00 FHLMC Callable 1.03% 12/12/16 04/27/18 $3,000,000 52,998,950.00 Treasury Note 0.77% 03/31/16 04/30/18 $2,000,000 $1,994,060.00 Treasury Note 0.78% 02/18/16 04/30/18 $3,000,000 $21989,882.50 FFCB Callable 0.95% 02/11/16 05/02/18 $2,000,000 $2,000,000.00 FHLMC Callable 1.00% 05/11/16 05/11/18 $2,000,000 $2,000,000.00 Treasury Note 1.09% 11/30/15 05/15/18 $3,000,000 $2,993,430.00 FHLMC Callable 1.04% 06/02116 05/25/18 $3,000,000 $2,997,600.00 Treasury Note 0.95% '11/18/16 05/31/18 $3.000,000 $2,996,718.75 FHLB Callable 1.00% 02/28116 06/04/18 $3,000,000 $3,000,000.00 Treasury Note 1.13% 12/16/16 06/1,5/18 $2.000,000 $1,999,780.00 FFCB Callable 0.94% 09/20/16 06/20/18 $2,000,000 $2,000,000.00 15 $39,000,000 $38,921,040.2571 Reconciliation of General Investments Only: Beginning portfolio (3/31/ 18) $282,618,636.01 Total purchased 12 securities $35,388,181.50 Total matured 15 securities $38 921 040.25 $279 085,777.26 63 October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/investment Accounts Comparison of Six Fiscal Years June 30, 2018 Fiscal Year 2012-2013 Net Chane Month End Bal" $ (4,325,867) $ 293,979,198 $ 16,251,425 $ 310,230,623 $ 29,931,173 $ 340,161,796 $ 130,635 $ 340,292,431 $ (2,486,081) $ 337,806,350 $ (2,787,582) $ 335,018,768 $ (8,244,064) $ 326,774,704 $ (4,598,588) $ 322,176,116 $ (4,334,609) $ 317,841,507 $ (4,470,572) $ 313,370,935 $ (10,017,849)$ 303,353,086 5 040,036 $ (5,040,036) $ 298,313,050 Fiscal Year 2014-2015 Fiscal Year 2013-2014 Month End Bal' Net Chane $ 287,937,696 Month End Bal' $ (7,076,226) $ 291,236,824 $ 13,411,135 $ 304,647,959 $ 33,565,914 $ 338,213,873 $ (1,632,096) $ 336,581.777 $ (1,988,485) $ 334,593,292 $ (474,129) $ 334,119,163 $ (6,034,807) $ 328,084,356 $ (5,237,557) $ 322,846,799 $ (11,441,367) $ 311,405,432 $ (3,166,797) $ 308,238,635 $ (8,103,393) $ 300,135,242 $ (1,774, 52 $ 298,36q 390 Fiscal Year 2014-2015 Net Chane Month End Bal' $ (10;422,694) $ 287,937,696 $ 19,342,864 $ 307,280,560 $ 35,786,179 $ 343,066,739 $ (285,799) $ 342,780,940 $ (2,801,802) $ 339,979,138 $ 281,107 $ 340,260,245 $ (6,111,791) $ 334,148,454 $ (4,947,796) $ 329,200,658 $ (6,122,052) $ 323,078,606 $ (8,447,944) $ 314,630,662 $ (9;274,059) $ 305,356,603 $ 864,396 $ W6,220.999 7,985 $ 47,340 $ 7,860,609 Fiscal Year 201_5-2016 Net Chane Month End Bal' $ (8,105,518) $ 298,115,481 $ 25,830,326 $ 323,945,807 $ 35,536,011 $ 359,481,818 $ (373,573) $ 359,108,245 $ 906,675 $ 360,014,920 $ 256,335 $ 360,271,255 $ (5,220,820) $ 355,050,435 $ (2,730,213) $ 352,320,222 $ (8,065,869) $ 344,254,353 $ (7,588,170) $ 336,666,183 $ (8,369,612) $ 328,296,571 $ (6 .977,510) $ 321 319,061 Fiscal Year 2016-2017 _ Net Chane Month End Bal' $ (6,856,660) $ 314,462,401 $ 29,862,090 $ 344,324,491 $ 37,277,098 $ 381,601,589 $ (931,868) $ 380,669,721 $ (2,015,776) $ 378,653,945 $ 442,916 $ 379,096,861 $ (2,740,420) $ 376,356,441 $ (4,378,477) $ 371,977,964 $ (6,628,797) $ 365,349,167 $ (10,868,408) $ 354,480,759 $ (9,027,471) $ 345,453,288 $ (5,877,090) $ 339 576,198 15,098,062 $ 18,257,137 $ 46,576,391 'Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes two health insurance bank accounts utilized by BCBS and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments • see separate report. 64 _ Fiscal Year 2017-201_8_ Net Chane Month End Bal" $ (7,971,324) $ 331,604,874 $ 33,131,597 $ 364,736,471 $ 41,846,074 $ 406,582,545 $ (5,758,898) $ 400.823,647 $ 5,191,358 $ 406,015,005 $ (4,784,411) $ 401,230,594 $ 1,577,951 $ 402,808,545 $ (6,945,787) $ 395,862,758 $ (9,710,169) $ 386,152,589 15,098,062 $ 18,257,137 $ 46,576,391 'Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes two health insurance bank accounts utilized by BCBS and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments • see separate report. 64 fa oa0000aood o 00 oq»..+-«-. .{{/{��' a �000PaaoxYY! lMfVxYMY{ AD77tRucoR �B <888E E�E8E'E�EB rvF� ! tY! aY QYYxY x tYY Y/ 000ao-.•«.. « 0000doo0 ooPdOoaO $���' HIHSa, 9$ gaxn"sas§3 a 7saF 3g$ ��x0'R_nJtme_ ............ .....�{gF..... »e gg j b Q Y..r.. {...... .p Y...... x. y..x..{.... fi ffliff!88 88Y ii i 188818 i, ae888188 a o O o m 00 N a Nww N "N .iri ei w'N.iK "K .iKK K.hiN M . ��ppCC}�yy�ry}y�pp~yrYx!rYYr� YlnxpMxyxy»{{xrY Yy/gam m! ^ 91zmR181 1M.^e�FBo� :7�IHW—..! .k7Y.RRX��P, I a C 8 0 88 88 B TWA � ooadaoa "oaoo eyoePee--- --» ---- «{�Y�tt �yt� ��ee ��ee�e �M�eeYfYxx YYYYY{Y�»j( Ntlki8 81& iM ��SSHSE�'2233 006o22$SSS OtlggO00a00q0 de000600000 Oao edOwry is L Q $ R!�����nsm pnoo�musu � lnAr»~i$ x$ 1 Yet/Y/lxysY{ xYYrrYYYissr Yxr 9 e8':Y838888 B�8208o8:oa2 8^a�i8�� 60P000OOae j Qy O o0 o p0 a 00060 Q wx.n eu{i'/l3Y�{Y t/xlYY{YYY/! {{Y Yeo oee mtlueee000 aa`o ocooa 000eo ME sti,a�,EVAya15s1 ama aeon I r4 - a @ q 4QgPq S�,b $F. AdSS J, SjY ,iN, .~~ yY{oY8Y3x8 Will! �S a "s$$fir.1$$a$ a11?1, X{Xi}{}ixm.'iS.��{nxr..l,rnxnxn� ' ooCeaaoce � d y a odoaeoaeogoa s s.YMizell 11gagg y � m ee rvw YSYYY{xMYQxY gacaaPraaaao o{or{ae.&� mo a aa0 0 0 o q6 S Q E t x�r/,{�{�rr{p{Y c rslxYYrx{Y ¢.9aE 8.�e� �zo800sa�8 MIAMI P aOaoOtlPoaO o abbe ---- «---«-- >~e7�S8m�egor' ��36�LA8oFod Sfi�G4�x�� Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of June 30, 2018 General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Solid Waste Funds Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds GIS Fund Escrow Funds Total Investments Pooled Investments $ 61,155,100 $ 79,453,514 $ 4,197,758 $ 77,301,902 $ 35,280,737 $ 959;840 $ 7,691,839 $ 87,897,595 $ 458,734 $ 28,551,190 $ 277.,424 $ 2,926,956 $ 386,152,589 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Excludes two health insurance _bank accounts utilized by BCBS for claims and the Section 8 HUD bank account. Schedule does not include OPEB investments - see separate report. 66 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'h Street Vero Beach, FL 32960 Telephone: (772) 226-1945 1 \ SFR CQUO f TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: July 19, 2018 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 6/30/2018 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the third quarter of this fiscal year. These funds are held intrust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on July 19, 2018. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. 67 Investment Activity: SHORT TERM PORTION (Near -Term Disbursement Needs) 100% Cash Equivalents 100% Fidelity Treasury Money Market Short -Term Portion Total LONG TERM PORTION (Future Obligations) 50% Equities 22.5% Vanguard 500 index 20.0% Vanguard FTSE All -World 5.0% Vanguard Mid Cap Index 2.5% Vanguard Small Cap Index 50.0% 50% Equities Subtotal 40% Fixed Debt Securities 30.0% Vanguard Short Term Treasury 10.01A Vanguard Intermediate Treasury 40.0% 40% Fixed Debt Securities Subtotal 10% Cash Equivalents Vanguard Prime Money Market Vanguard Federal Money Market 10.0% 10% Cash Equivalents Subtotal Performance: 100.0% Long -Term Portion Total Portfolio Total Indian River County Other Post Employment Benefits Trust Quarter Ended June 30, 2018 Security/Grouping Return Benchmark Short -Term Portion: S&P 500 index 3 months Income/Mk to 0.64% •0.28% Long -Term Portion: Current 03/31/18value Purchases 3.40% Mkt Withdrawals Transfers 6/30/18Vaiue Allocation 2.54% 2.58% Vanguard Small Cap Index 6.18% 6.20% Total - 50% Equities (Blended) 0.76% 1.05% $ 49,096 0.16% 5 314 -0.05% -0.08% S 49,410 100.0% $ 49,096 S 5 314 $ 5 S 49,410 100.0% 0.43% 0.36% 6,592,787 10,000 0.58% 224,418 6,827,205 22.6% 5,772,850 170,000 (195,815) 5,747,035 19.0% 1,473,520 37,370 1,510,890 5.0% 745,443 46,033 791;416 2.6% $ 14,584,600 $ 180,000 $ 112,006 S - $ - $ 14,876,606 49.2% 8,903,529 290,000 14,433 9,207,962 30.5% 2,992,411 75,000 (1,495) 3,065,916 10.2% $ 11,895,940 5 365,000 5 12,938 5 - 5 - S 12,273,878 40.7% 2,762,367 70,000 12,366 208,961 3,053,694 10.1% 208,442 $ 519 (208,961) 0.0% $ 2,970,809 $ 70,000 S 12,98S S - S - 5 3,053,694 10.1% $ 29,451,349 $ 61S,000 5 137,829 S 5 5 30,204,178 100.0% S 29,500,445 S 615,000 $ 138,143 $ S S 30,253,SR8 100.0% Security/Grouping Return Benchmark Short -Term Portion: S&P 500 index 3 months Fidelity Treasury Money Market 0.64% •0.28% Long -Term Portion: Spliced Small Cap index 3 months Vanguard 500 index 3.40% 3.43% Vanguard FTSE All -World -3.33% -2.67% Vanguard Mid Cap Index 2.54% 2.58% Vanguard Small Cap Index 6.18% 6.20% Total - 50% Equities (Blended) 0.76% 1.05% Vanguard Short Term Treasury 0.16% 0.12% Vanguard intermediate Treasury -0.05% -0.08% Total- 40% Fixed Debt (Blended) 0.11% 0.07% Vanguard Prime Money Market 0.43% 0.28% Vanguard Federal Money Market 0.49% 0.36% Total -10%Cash Equivalents (Blended) 0.43% 0.36% Total Long -Term (Blended) 0.46% 0.58% Total Portfolio (Blended) 0.46% 0.58% Benchmark Timeframe Benchmark Index 3 months US Govt Money Market Funds Avg. 3 months S&P 500 index 3 months FTSE All -World ex US 3 months Spliced Mid Cap index 3 months Spliced Small Cap index 3 months 3 months Barclays US 1.5 Yr Treasury index 3 months Barclays US 5.10 YrTreasury index 3 months 3 months US Gov't Money Market Funds Avg. 3 months Money Market Funds Avg. 3 months 3 months 3 months 68 It A011", BNY MELLON The Bank of Now York Motion Trust Company, N.A. INDIAN RIVER COUNTY Account Statement FINANCE DIRECTOR g 1801 27TH STREET BLDG A Statement Period 04/01/2018 Through 06/30/2018 VERO BEACH, FL 32960.3388 Account 179137 INDIAN RIVER CO OPEB TRUST CLIENT SERVICE MANAGER: WANDA CASSELS Go Paperless. Securely access your account online to view your statements. 10161 CENTURION PARKWAY Ask your BNY Mellon contact how we can help you access your accounts, enter JACKSONVILLE, FL 32256 your own transactions or submit an audit confirmation online. Also be sure to 904-998-4709 ask how Connect(SM), our new web -based, single sign -on platform can help you WANDA.CASSELS@BNYMELLON.COM go paperless. Visit us at www.bnymellon.com Account Overview Percent of all Investments Asset Classification Market Value 49% 0 EQUITY 14876,606.39 Ah 51% 0 OTHER 15,327,571.46 <1% 2 CASH AND SHORT TERM 49,409.99 100% TOTAL OF ALL INVESTMENTS 30,253,587.84 Summary of Assets Held Asset Classification Market Value Cost Accrued income Est Annual income Market Yield EQUITY 14,876,606.39 10 258,957.24 0.00 0.00 0.00°% OTHER 15.327,571.46 14,748,975.12 0.00 0.00 0.00% CASH AND SHORT TERM 49,409.99 49,409.99 0.00 740.36 1.50°% ACCOUNT TOTALS 30,253,587.84 25,057,342.35 0.00 740.36 0.00% Summary of Cash Transactions Current Period Year -to -Date Realized Transaction Category Income Principal GainsfLosses income Principal OPENING BALANCE 1,107,078.19 1,107,078.19 - 1,004,097.57 1,004,097.57 - DIVIDENDS 180.340.39 180,026.10 - 0.00 283,535.91 295,424.60 - SALES AND REDEMPTIONS 0.00 1,032,921.72 0.00 0.00 1,852,921.72 OTHER CASH ADDITIONS 0.00 615,000.00 0.00 0.00 1,230,000.00 OTHER CASH DISBURSEMENTS 0.00 0.00 0.00 0.00 412.50 - PURCHASES 314.29- 1,647,921.72 - 0.00 529.19- 3,090,619.11 - CLOSING BALANCE 1,287,104,29 1,287,104.29 - 0.00 1,287,104.29 1,287,104.29 - The above cash transactions summary is provided for information purposes only and may not reflect actual taxable income or deductible expenses as reportable under the Internal Revenue Code. Page 1 of 8 Page 1 of69 8 'o BNY MELLON The Bonk of Now York Mallon Trust Company, N.A. Statement Period 04/01/2018 Through 06/30/2018 Account 179137 1NnIAN RIVFR rn C)PFR TRt1ST Statement of Assets Held Shares / Market Price Market Value Accred income Par Value Asset Description Average Cost Cost Est Annual Income Market Yield EQUITY 281,028.598 VANGUARD FTSE ALL WORLD EX US INDEX FUND 20.45000 5,747,034.83 0.00 0.00% CUSIP: 922042791 17.71595 4,978,687.86 0.00 27,201 A04 VANGUARD 500 INDEX FUND 250.99000 6,827,205.09 0.00 0.00% CUSIP: 922908108 147.19177 4,003,778.55 0.00 10,611.024 VANGUARD SMALL -CAP INDEX FUND 74.59000 791,476.28 0.00 0.00% CUSIP: 922908702 40.67077 431.558.50 0.00 35,112.484 VANGUARD MID -CAP INDEX FUND 43.03000 1,510.890.19 0.00 0.00% CUSIP: 922908843 24.06359 644,932.33 0.00 Total EQUITY 14,876,606.39 0.00 0.00% 10,258,957.24 0.00 OTHER 283,881.069 VANGUARD INTERMEDIATE-TERM TREASURY FUND 10.80000 3.065,915.55 0.00 0.00% CUSIP: 922031802 10.52589 2,988,101.79 0.00 3,053,693.600 VANGUARD PRIME MONEY MARKET FUND 1.00000 3,053,693.60 0.00 0.00% CUSIP: 922906201 1.00000 3.053,693.60 0.00 881,988.727 VANGUARD SHORT-TERM TREASURY FUND 10.44000 9,207,962.31 0.00 0.00% CUSIP: 922031703 9.87221 8,707,179.73 0.00 Total OTHER 15,327,571.46 0.00 0.00% 14,748,975.12 0.00 CASH AND SHORT TERM 48,705.560 FIDELITY INVESTMENT MM TSY 3 696 1.00000 48.705.56 0.00 1.50% CUSIP: X9USD0002 1.00000 48,705,56 729.80 704.430 FIDELITY INVST M MKT TRSY 696 1.00000 704.43 0.00 1.50% CUSIP: X9USD0002 1.00000 704.43 10.56 Total CASH AND SHORT TERM 49,409.99 0.00 1.50% 49,409.99 740.36 ACCOUNT TOTALS 30,253,587.84 0.00 0.00% 25,057,342.35 740.36 Total Market Value Pius Total Accrued Income 30,253,587.84 Statement of Transactions Transaction Realized Date Transaction Description Income Principal Cost Gains/Losses 04101118 OPENING BALANCE 1,107,078.19 1,107,078.19 - 24,262,001.96 04/02/18 Dividend 0.00 15,975.24- 16.975.24 0.00 VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 1,619.775 SHARES 04102/18 Dividend 16,975.24 0.00 0.00 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE: .02 EX 03312018 PAY 04022018 CUSIP 922031703 849,573.346 SHARES 04/02/18 Dividend 5,620.04 0.00 0.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIV RATE; .02 EX 03312018 PAY 04022018 CUSIP 922031802 275,290.831 SHARES 04/02/18 Dividend 0.00 5,620.04- 5,620.04 0.00 VANGUARD INTERMEDIATE-TERM TREASURY _FUND CUSIP 922031802 517.023 SHARES 04/02/18 Dividend 3,725.75 0,00 0.00 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 03312018 PAY 04022018 CUSIP 922906201 2,762,367.140 SHARES Page 2 of 8 %0 Page 2 of 8 BNY MELLON Statement Period 04/01/2018 Through 06/30/2018 Account179137 rno oans or nov Tors monon r rusr company, rv.A. INUTAN KIVLK GU UF'Lb I KUJ 1 Statement of Transactions - Continued Transactlon Realized Data Transaction Description Income Principal Cost GainslLosses 04102/18 Dividend 0.00 3,725.75- 3,725.75 0.00 VANGUARD PRIME MONEY MARKET FUND CUSIP 922906201 3,725.750 SHARES 04/02/18 Dividend 252.67 0.00 0.00 0.00 VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0,00 EX 03312018 PAY 04022018' CUSIP 922906300 208,441.450 SHARES 04102!18 Dividend 0.00 252.67- 252.67 0.00 VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 252.670 SHARES 04/02/18 DAILY ENDING BALANCE 1,133,651.89 1,133,651.89 - 24,288,575.66 0.00 04/03/18 Purchase 54.64 - 0.00 54.64 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 04103/18 SET/DATE 04/03118 CUSIP X9USD00021 54.640 SHARES 04/03/18 Dividend 54.64 0.00 0.00 0.00 FIDELITY INVESTMENT MM TSY 3696 TRADE DATE 04/03/18 SET/DATE 04/03/18 CUSIP X9US00002 54.640 SHARES 04/03118 DAILY ENDING BALANCE 1,133,651.89 1,133,651.89 - 24,288,630.30 0.00 04/24/18 Purchase 0.00 205,000.00 - 205,000.00 0.00 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 04/24/18 SET/DATE 04/24/18 CUSIP X9USD0002 205,000.000 SHARES 04124/18 Cash Credit 0.00 205,000.00 0.00 0.00 ORD CUST14308981798 INDIAN RIVER COUNTY BOCC CONCENTRATION ORD INST:TD BANK, NA WILMINGTON, DELAWARE DETAILWONTHL'Y FUNDING IMA:20180424C1876E10000622 FTS:FDF1804240617500 04/24/18 DAILY ENDING BALANCE 1,133,651.89 1,133,651.89 - 24,493,630.30 0.00 04/25/18 Purchase 0.00 50,000.00- 50,000.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1181140160699 TRADE DATE 04/24118 SET/DATE 04/25118 CUSIP 922031703 4,793.864 SHARES 04/25/18 Purchase 0.00 25,000.00- 25,000.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1181140160692 TRADE DATE 04/24/18 SET/DATE 04/25/18 CUSIP 922031802 2,327.747 SHARES 04/25118 Purchase 0.00 120,000.00 - 120.000.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND 1181140160704 TRADE DATE 04/24/18 SET/DATE 04/25/18 CUSIP 922042791 C 5,583.993 SHARES 04/25/18 Purchase 0.00 10,000.00- 10.000.00 0.00 VANGUARD 500 INDEX FUND q 1181140160712 TRADE DATE 04/24/18 SET/DATE 04/25/18 CUSIP 922908108 c 41.076 SHARES 04/25/18 Sale 0.00 205,000.00 205,000.00 - 0.00 FIDELITY INVESTMENT MM TSY 3 696 m m Page 3 of 6 1 Page 3 of 8 sem, BNY MELLON Statement Period 04/01/2018 Through 06130/2018 Account179137 Ine aenR Of Now TOM mown i n+sr company, N.A. INUTAN KIVLK l:U-UNLIT I KUZ51 Statement of Transactions - Continued Transaction Realized Date Transaction Description Income Principal Cost Gains/Losses TRADE DATE 04/25/18 SETIDATE 04/25/18 CUSIP X9US[)0002 205,000.000 SHARES 04125N8 DAILY ENDING BALANCE 1,133,651.89 1,133,651.89 - 24,493,630.30 0.00 05/01/18 Dividend 15,766.20 0.00 0.00 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE:.02 EX 04302018 PAY 05012018 CUSIP 922031703 855,986.985 SHARES 05/01/18 Dividend 0.00 15,766.20- 15.766.20 0.00 VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 1,511.620 SHARES 05/01/18 Dividend 5,642.35 0.00 0.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIV RATE: .02 EX 04302018 PAY 05012018 CUSIP 922031802 278.135.601 SHARES 05/01/18 Dividend 0.00 5,642.35- 5,642.35 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 524.870 SHARES 05/01/18 Dividend 4,048.49 0.00 0.00 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 04302018 PAY 05012018 CUSIP 922906201 2.766.092.890 SHARES 05/01118 Dividend 0.00 4,048.49- 4,048.49 0.00 VANGUARD PRIME MONEY MARKET FUND CUSIP 922906201 4,048.490 SHARES 05101/18 Dividend 0.00 266.74- 266.74 0.00 VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 266.740 SHARES 05101/18 Dividend 266.74 0.00 0.00 0.00 VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 04302018 PAY 05012018 CUSIP 922906300 208,694.120 SHARES 05/01/18 DAILY ENDING BALANCE 1,159,375.67 1,159,375.67 - 24,519,354.08 0.00 05/02/18 Purchase 58.82- 0.00 58.82 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 05/02/18 SET/DATE 05/02118 CUSIP X9USD00021 58.820 SHARES 05102/18 Dividend 58.82 0.00 0.00 0.00 FIDELITY INVESTMENT MM TSY 3 696 n TRADE DATE 05/02118 SET/DATE 05/02/18 CUSIP X9US00002 58.820 SHARES 05/02/18 DAILY ENDING BALANCE 1,159,375.67 1,159,375.67 - 24,519,412.90 0.00 05/15/18 Purchase 0.00 413.960.86 - 413,960.86 0.00 3 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 05/15/18 SET/DATE 05/15/18 CUSIP X9US00002 c 413,960.860 SHARES 05/15/18 Purchase 129.36- 0.00 129.36 0.00 FIDELITY INVST M MKT TRSY 696 Q a 2 Page 4 of 8 Page 4 of 8 BNY MELLON Statement Period 04/01/2018 Through 06/30/2018 Account179137 in vontt or rvew TOM motion crust company, N.A. INUTAN KIVLK GU.Ul`1=b I KU51 Statement of Transactions - Continued Transaction Realized Onto Transaction Description Income Principal Cost Gains/Losses TRADE DATE 05115118 SET/DATE 05/15/18 CUSIP X9US000021 129.360 SHARES 05/15/18 Sale 0.00 208,960.86 208,960.86 - 0.00 VANGUARD FEDERAL MONEY MARKET FUND 1181340131635 TRADE DATE 05/14/18 SETIDATE 05115/18 CUSIP.922906300 208,960.860 SHARES 05/15/18 Dividend 129.36 0.00 0.00 0.00 VANGUARD FEDERAL MONEY MARKET FUND TRADE DATE 05/15/18 SET/DATE 05/15/18 CUSIP 922906300 129.360 SHARES 05/15/18 Cash Credit 0.00 205,000.00 0.00 0.00 ORD CUST14308981798 INDIAN RIVER COUNTY BOCC CONCENTRATION ORD INST:TD BANK, NA WILMINGTON, DELAWARE DETAILWONTHLY FUNDING IMA:20180515C1B76E1C000996 FTS:FDF1805150652000 05115/18 DAILY ENDING BALANCE 1,159,375.67 1,159,375.67 - 24,724,542.26 0.00 05/16/18 Purchase 0.00 140,000.00 - 140,000.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1181350228847 TRADE DATE 05/15/18 SET/DATE 05!16118 CUSIP 922031703 13,448.607 SHARES 05/16/18 Purchase 0.00 30,000.00- 30,000.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1181350229174 TRADE DATE 05115/18 SET/DATE 05/16118 CUSIP 922031802 2,806.361 SHARES 05/16/18 Purchase 0.00 208,960.86 - 208,960.86 0.00 VANGUARD PRIME MONEY MARKET FUND 1181350208310 TRADE DATE 05/15/18 SET/DATE 05116/18 CUSIP 922906201 208,960.860 SHARES 05/16/18 Purchase 0.00 35,000.00- 35,000.00 0.00 VANGUARD PRIME MONEY MARKET FUND 1181350229514 TRADE DATE 05/15/18 SET/DATE 05116/18 CUSIP 922906201 35,000.000 SHARES 05/16/18 Sale 0.00 413,960.86 413,960.86 - 0.00 FIDELITY INVESTMENT MM,TSY 3 696 TRADE DATE 05/16118 SET/DATE 05/16/18 CUSIP X9USD0002 413,960.860 SHARES 05/16/18 DAILY ENDING BALANCE 1,159,375.67 1,159,375.67 - 24,724,542.26 0.00 06/01/18 Dividend 15,192.07 0.00 0.00 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND n DIV RATE: .02 EX 05312018 PAY 06012018 CUSIP 922031703 c g 870,947.212 SHARES 06/01/18 Dividend 0.00 15,192.07- 15,192.07 0.00 VANGUARD SHORT-TERM TREASURY FUND 3 CUSIP 922031703 1,453.787 SHARES, - 06/01/18 Dividend 6,004.97 0.00 0.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIV RATE: ,02 m Page 5 of 8 Page 5 of 8� BNY MELLON Statement Period 04/01/2018 Through 06/30/2018 Account 179137 In. o... a. nuw TGIF macron i cost t,omPnny, n.n., INUTAN KI V tK GU UNtb I KUA I Statement of Transactions - Continued Transaction Realized Date Transaction Description Income Principal Cost Gains/Losses EX 05312018 PAY 06012018 CUSIP 922031802 281,466.832 SHARES 06/01/18 Dividend 0.00 6.004.97- 6,004.97 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 555.501 SHARES 06/01/18 Dividend 0.00 4,591.36- 4,591.36 0.00 VANGUARD PRIME MONEY MARKET FUND CUSIP 922906201 4,591.360 SHARES 06/01/18 Dividend 4,591.36 0.00 0.00 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 05312018 PAY 06012018 CUSIP 922906201 3,014,102.240 SHARES 06/01/18 DAILY ENDING BALANCE 1,185,164.07 1,185,164.07 - 24,750,330.66 0.00 06/04/18 Purchase 71.47- 0.00 71.47 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 06/04118 SETIDATE 06104/18 CUSIP X9USD00021 71.470 SHARES 06104118 Dividend 71.47 0.00 0.00 0.00 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 06/04/18 SETIDATE 06/04/18 CUSIP X9USD0002 71.470 SHARES 06104/18 DAILY ENDING BALANCE 1,185,164.07 1,185,164.07 - 24,750,402.13 0.00 06/14/18 Purchase 0.00 205,000.00 - 205,000.00 0.00 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 06114/18 SETIDATE 06/14/18 CUSIP X9USD0002 205,000.000 SHARES 06/14/18 Cash Credit 0.00 205,000.00 0.00 0.00 ORD CUST14308981798 INDIAN RIVER COUNTY BOCC CONCENTRATION ORD INST:TD BANK, NA WILMINGTON, DELAWARE DETAILWONTHLY FUNDING IMA:20180614C1876EIIC003884 FTS:FDF1806141611100 06/14/18 DAILY ENDING BALANCE 1,185,164.07 1,185,164.07 - 24,955,402.13 0.00 06/18/18 Purchase 0.00 100.000.00 - 100,000.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1181660150080 TRADE DATE 06/15/18 SETIDATE 06/18/18 CUSIP 922031703 9,587.728 SHARES 06/18/18 Purchase 0.00 20,000.00- 20,000.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1181660150366 TRADE DATE 06/15118 SET/DATE 06/18118 CUSIP 922031802 1,858.736, SHARES 06/18/18 Purchase 0.00 50.000.00- 50,000.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND 1161660149827 TRADE DATE 06%15/18 SETIDATE 06/18/18 CUSIP 922042791 2,356.268 SHARES 06/18/18 Purchase 0.00 35.000.00- 35,000.00 0.00_ VANGUARD PRIME MONEY MARKET FUND 1181660150440 TRADE DATE 06/15/18 SETIDATE_ 06/18118 CUSIP 922906201 4 Page 6o 8 Page 6 of 8 ;k BNY MELLON Statement Period 04/01/2018 Through 06/30/2018 Account179137 one aanK or New rorx motion orusr company, N.A. INUTAN KIVtK GU UHtb I KUJ I Statement of Transactions - Continued Transaction - Realized Date Transaction Description Income Principal Cost GainstLosses 35,000.000 SHARES 06/18/18 Sale 0.00 205,000.00 205,000.00 - 0.00 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 06/18/18 SETIDATE 06118/18 CUSIP X9USD0002 205,000,000 SHARES 06/18118 DAILY ENDING BALANCE 1,185,164.07 1,185,164.07 - 24,955,402.13 0.00 06/22/18 Dividend 0.00 65,594.66- 65,594.66 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND CUSIP 922042791 3.202.864 SHARES 06/22/18 Dividend 65,594.66 0.00 0.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND CASH DIVIDEND DIV RATE: .24 EX 06222018 PAY 06222018 CUSIP 922042791 277,825.734 SHARES 06122/18 Dividend 1,701.60 0.00 0.00 0.00 VANGUARD SMALL -CAP INDEX FUND CASH DIVIDEND DIV RATE:.16 EX 06222018 PAY 06222018 CUSIP 922908702 10,588.676 SHARES 06/22/18 Dividend 0.00 1,701.60- 1,701.60 0.00 VANGUARD SMALL -CAP INDEX FUND CUSIP 922908702 22.348 SHARES 06122/18 Dividend 4.900.07 0.00 0.00 0.00 VANGUARD MID -CAP INDEX FUND CASH DIVIDEND DIV RATE:.14 EX 06222018 PAY 06222018 CUSIP 922908843 35,000.482 SHARES 06/22/18 Dividend 0.00 4,900.07- 4,900.07 0.00 VANGUARD MID -CAP INDEX FUND CUSIP 922906843 112.002 SHARES 06/22118 DAILY ENDING BALANCE 1,257,360.40 1,257,360.40 - 25,027,598.46 0.00 06/28/18 Dividend 0.00 29,743.89- 29.743.89 0.00 VANGUARD 500 INDEX FUND CUSIP 922908108 119.353 SHARES 06/28/18 Dividend 29,743.89 0.00 0.00 0.00 VANGUARD 500 INDEX FUND CASH DIVIDEND DIV RATE: 1.1 EX 06282018 PAY 06282018 CUSIP 922908108 27,081.751 SHARES 06128118 DAILY ENDING BALANCE 1,287,104.29 1,287,104.29 - 25,057,342.35 0.00 06/30/18 CLOSING BALANCE 1,287,104.29 1,287,104.29 - 25,057,342.35 Cumulative realized capital gain and loss position from 12131/2017 for securities held In principal of account: Short Term: 0.00 Long Term: 0.00' The above gain and loss position does:not include transactions where tax cost information is incomplete or unavailable. Page 7 of 8Page 7 of 8J 0.00 In �'Poll BNY MELLON Statement Period 04/01/2018 Through 06/30/2018 Account179137 The Bank of Now York Melton Trust Company, N.A. INDIAN RIVER CO OPEB TRUST Cash and securities set forth on this Account Statement are held by The Bank of New York Mellon, an affiliate of The Bank of New York Mellon Trust Company, N.A. In addition, The Bank of New York Mellon Trust Company, N.A. may utilize subsidiaries and affiliates to provide services and certain products to the Account. Subsidiaries and affiliates may be compensated for their services and products. The value of securities set forth on this Account Statement are obtained by The Bank of New York Mellon Trust Company, N.A., from its affiliate, The Bank of New York Mellon which g determines such values for Corporate Trust on the basis of market prices and information obtained by The Bank of New York Mellon from unaffiliated third parties (including g Independent pricing vendorsf ("third party pricing services"). The Bank of New York Mellon has not verified such market values or Information and makes no assurances as to the accuracy or correctness of such market values or information or that the market values set forth on this Account Statement reflect the value of the securities that can be realized 3 upon the sale of such securities. In addition; the market values for the securities set forth in this Account Statement may differ from the market prices and information for the same securities used by other business units of The Bank of New.York Mellon Trust Company, N.A., The Bank of New York Mellon or their respective subsidiaries or affiliates based upon market prices and information received from other third party pricing services utilized by such other business units. Corporate Trust does not compare its market values with o those used by, or reconcile different market values used by, other business units of The Bank of New York Mellon Trust Company, N.A.,'The Bank of New York Mellon or their respective subsidiaries or affiliates. Neither The Bank of New York Mellon Trust Company, N.A. nor The Bank of New York Mellon shall be liable for any loss, damage or expense ^ incurred as a result of or arising from or related to the market values or information provided by third party pricing services or the differences in market prices or information provided by other third party pricing services. m Page 8 of 8 Page 8 of 8v JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court,. Comptroller Internal Audit Division 2000 161 Avenue Vero Beach, FL 32960 Telephone: (772) 226-3280 TO: Board of County Commissioners FROM: Edward Halsey, Internal Audit Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller '& COMP v V' R COUNtr F DATE: August 3, 2018 SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 06/30/2018 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in the Clerk's office for quarters ended June 30, 2017 and 2018. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. 77 Indian River County Tourist Development Tax Received by the Indian River County Clerk of the Circuit Court and Comptroller Quarters Ended June 30, 2017 and 2018 ** Note - Quarter Ended June 30, 2017 included $75,547 from an audit. Without it, hotel/motel revenue increased by 6.78% from previous year and overall tourist development tax revenue increased by 5.14%. 78 Quarter Quarter Ended % Ended % Increase % 6/30/2017 Of Total 6/30/2018 Of Total (Decrease) Change Short Term Rentals $ 97,574 13.32% $ 99.465 14.40% $ 1,891 1.94% Hotel/ Motel 592,558 80.90% 552;086 79.93% S (40,472) -6.83% ** Boarding/Apartments 8,682 1.19% 8,940 1.29% $ 258 297% Mobile Homes 8,240 1.12% 7,720 1.12% $ (520) -6.31% Timeshare 25,423 3.47% 22,460 3.26%, $ (2,963) -11.65% $ 732;477 100,00% $ .690,671 100.00% $ (41,806) -5.71% ** ** Note - Quarter Ended June 30, 2017 included $75,547 from an audit. Without it, hotel/motel revenue increased by 6.78% from previous year and overall tourist development tax revenue increased by 5.14%. 78 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller P.O. Box 1028 Vero Beach, FL 32961-1028 Telephone: (772) 770-5185 TO: Members of the Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: July 30, 2018 SUBJECT: Approval of Auditing Agreement Renewal Option BACKGROUND c� The Board of County Commissioners approved the selection of Rebmann Robson, LLC as the County's outside auditing firm on June 23, 2015. The original agreement, which is attached, was for three years with an option for one two-year renewal. Staff would like to exercise that two-year renewal at this time. This renewal would be for the audit periods encompassing the fiscal years ending 2018 and 2019. Per section 7 of the original agreement, the auditing costs for the renewal period would be $185,000. Funding will be as follows: General Fund $109,453 Rental Assistance Fund 3,500 Emergency Services District Fund 3,454 Solid Waste Disposal District 10,362 Golf Course Fund 2,754 Building Fund 2,071 Utilities Fund 39,873 Fleet Management Fund 2,487 Self Insurance Fund 5,523 Health Insurance Fund 5,523 Total $185,000 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached option by the County for the two-year renewal. ATTACHMENTS 1. Renewal To Independent Auditing Services Agreement 2. Independent Auditing Services Agreement, approved June 23,2015 79 RENEWAL TO INDEPENDENT AUDITING SERVICES AGREEMENT THIS RENEWAL TO INDEPENDENT AUDITING SERVICES AGREEMENT ("Renewal") is entered into as of the day of , 2018 by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, whose address is 1801 27th Street, Vero Beach, Florida, ("County"), and Rehmann Robson LLC, a Michigan limited liability company, having a principal place of business at 5070 N. Highway AIA, Suite 250, Vero Beach, FL 32963 ("Auditor") RECITALS WHEREAS, on June 23, 2015, County and Auditor entered into an Independent Auditing Services Agreement ("Agreement") for Auditor to perform certain services as outlined in the Agreement; and WHEREAS, the Agreement was for an initial three year term with an optional two-year renewal; and WHEREAS, both County and Auditor desire to renew the Agreement for the optional two years; NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Renewal of Agreement. The Agreement is hereby renewed for two years and shall terminate on June 22, 2020, unless otherwise terminated as set forth in the Agreement. 3. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County and Auditor have executed this instrument this _ day of 52018. INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Board of County Commissioners Page 1 of 2 REHMANN ROBSON, LLC P. Ross Cotherman, Principal Date Approved: ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller I - APPROVED AS TO FORM: Dylan Reingold, Esq. County Attorney Page 2 of 2 INDEPENDENT AUDITING SERVICES AGREEMENT This Independent Auditing Services Agreement ("Agreement") is entered into this 23rd day of June, 2015, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County") and Rehmann Robson, LLC, a Michigan limited liability company, having a principal place of business at 5070 N. Highway A1A, Suite 250, Vero Beach, FL 32963 ("Auditor"). BACKGROUND RECITALS A. Pursuant to Florida Statutes section 218.391, as amended by Chapter 2005-32, effective July 1, 2005, the County issued a Request for Proposals for independent auditing services. B. Pursuant to applicable Florida law and the Request for Proposals, the County's duly - constituted Auditor Selection Committee received proposals and ranked the firms that responded to the Request for Proposals based on the evaluative criteria set forth in the Request for Proposals. C. The Auditor was the highest ranked respondent to the Request for Proposals and on April 21, 2015, the County approved the Auditor Selection Committee recommendation to appoint Auditor to provide the independent auditing services set forth in the Request for Proposals and this Agreement. D. Auditor is willing and able to perform the services as set forth in this Agreement on the terms and conditions set forth below. E. The County and the Auditor wish to enter into this Agreement for the independent auditing services as set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: 1. DESCRIPTION OF COUNTY RECORDS TO BE AUDITED. The records of the County that will be audited by Auditor, pursuant to this Agreement, are as set forth in Exhibit "A" attached hereto and incorporated herein by this reference in its entirety. 2. SCOPE OF INDEPENDENT AUDITING SERVICES. The scope of independent audit services provided under this Agreement shall be in accordance with the provisions of Florida Statutes and the Rules of the Auditor General, as may be amended from time to time, and more specifically set forth in Exhibit "B" attached hereto and incorporated herein by this reference in its entirety ("Services"). The Services are to be performed in accordance with generally accepted auditing standards in addition to the following: 1) Section 11.45, Florida Statutes; 2) Regulations of the Florida Department of Financial Services; 3) Rules of the Auditor General (Chapter 10.550, Local Government Entity Audits); 4) Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, published by the Comptroller General of the United States; 5) U.S. Office of Management and Budget, Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations; and 6) any 82 1 other applicable federal, state and local laws or regulations. Auditor agrees that each audit prepared under this Agreement shall conform to the requirements set forth herein. The County is progressive in its attitude toward new accounting standards, and early implementation is practiced when recommended. 3. AUDIT RESPONSIBILITIES. 3.1. The "Audit Approach and Work Plan," consisting of pages 17 through 22 of the Auditor's Proposal for Independent Auditing Services, and the "Detailed Audit Approach" consisting of 10 pages in the Appendix section of same proposal, all set forth in Exhibit "C" attached hereto and incorporated herein by this reference in their entirety, set forth the framework under which the Services will be performed under this Agreement. 3.2. The County has received the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting for the 1983 through 2013 Comprehensive Annual Financial Reports ("CAFR"). The CAFR for each of the fiscal years covered by this Agreement will be submitted for consideration for such Certificate. Auditor shall provide technical assistance to help the County meet the requirements to attain such Certificate. 3.3. Auditor acknowledges and agrees that it possesses the ability to store all working papers and reports at the Auditor's expense for a minimum of five years, unless Auditor is notified by the County to extend the retention period. The Auditor will be required to make working papers available, upon request, to the following parties or their designees: the County; U.S. Department of Housing and Urban Development; General Accounting Office; parties to an audit quality review process; and auditors of entities of which the County is a recipient of grant funds. In addition, Auditor shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers. 3.4. Auditor agrees to comply with all applicable Federal, State, and local laws and regulations applicable to the furnishing of the Services set forth in this Agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. 4. ADDITIONAL SERVICES. It is the intent of the County that future additional audit requirements, imposed on the County by applicable national and state agencies, shall be provided by the Auditor under this Agreement and included in the negotiated compensation in this Agreement. The Auditor acknowledges and agrees that any future additional audit requirements, imposed on the County by applicable national and state agencies, are included within the negotiated compensation set forth in this Agreement. 5. AUDITOR AUDiT TEAM. The Auditor shall assign members of its staff, as identified in the "Your Engagement Team" section consisting of pages 5 through and including 6 of the Auditor's Proposal for Independent Auditing Services, attached hereto as Exhibit "C" and incorporated herein by this reference in its entirety ("Auditor Audit Team"). The Auditor agrees that the County shall have the right to approve the Auditor's Audit Team, and that the Auditor shall not change any manager of its Auditor's Audit Team without prior written notice to the County. Furthermore, if any manager of the Auditor's Audit Team is removed from providing Services under this Agreement, or employment is otherwise terminated or curtailed by the Auditor, or if any manager of the Auditors Audit Team terminates employment with 83 2 the Auditor, then the Auditor shall promptly replace its Auditor's Audit Team manager with a person of comparable experience and expertise, who shall also be subject to the County's approval. The County acknowledges and agrees that its approval shall not be unreasonably withheld. 6. TERM: TERMINATION. 6.1. This Agreement shall remain in effect for a term of three (3) years, or five (5) years if the optional two-year renewal is exercised, subject to sooner termination as provided herein. The Auditor acknowledges and agrees that the completion of the audit for the County's 2014- 2015 fiscal year is specifically included with the term of this Agreement, subject to sooner termination as provided herein. 6.2. This Agreement may be terminated: (a) by the County, for any reason, upon at least ninety (90) days' prior written notice to the Auditor; or (b) by the Auditor, for any reason, upon at least ninety (90) 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. 6.3. In the event of termination by the County, the County's sole obligation to the Auditor shall be payment for those portions of satisfactorily completed work under this Agreement. Such payment shall be determined on the basis of the hours of work performed by the Auditor, or the percentage of work completed as estimated by the Auditor 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 Auditor, elect to employ other persons to perform the same or similar services. 6.4. 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. 6.5. In the event that the Auditor merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the County reserves the right to terminate this Agreement in accordance with its terms under item 6.2. 6.6. In the event of termination of this Agreement, the Auditor agrees to provide copies of any and all documents prepared by the Auditor for the County in connection with this Agreement. 7. COMPENSATION. 7.1. The County shall pay -to the Auditor a mutually agreed upon not -to -exceed annual professional fee of $179,850 (One Hundred and Seventy-nine Thousand Eight Hundred and Fifty Dollars) for each year of the three-year term of this Agreement, payable as follows in each calendar year: October $40,000; November $36,000; December $40,000; January $36,000; February $9,865; and $17,985 upon completion of the audit. If the contract is renewed for the additional 2 year period, the County shall pay to the Auditor $185,000"(One 84 3 Hundred and Eighty-five Thousand Dollars) for each year of the two-year renewal term. Payments will follow the same schedule as noted above with the exception that $23,135 will be paid at completion of the audit. 7.2. Proper Invoices, phased as set forth herein, shall be submitted to the County's Finance Department in detail sufficient for proper prepayment and post payment audit. All payments for services shall be made to the Auditor by the County in accordance with the Local Government Prompt Payment Act, Section 218.70, Florida Statutes, et seq., attached hereto and incorporated herein by this reference in its entirety. 8. INSURANCE. 8.1. The Auditor shall not commence to perform the Services under this Agreement until it has obtained all the insurance required under this Agreement, and such certificates of insurance have been approved by the County's Risk Manager. 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 insurance company must have a rating by A.M. Best Company of at least A: V. Such certificates of insurance or an endorsement provided by the Auditor must state that the County will be given thirty (30) days prior written notice prior to cancellation or material change in coverage. The County shall be named as an additional insured on all policies except workers' compensation. 8.2 Auditor shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the Auditor's fee: 8.2.1. Workers' compensation to meet statutory limits in the State of Florida and Employer's Liability with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). 8.2.2. Commercial General Liability with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. This is to include premises/operations, products/completed operations, contractual liability and independent contractors coverage. 8.2.3. Business Auto Liability with a minimum combined single limit of $300,000 per occurrence for bodily injury and property damage. This is to include owned, hired, and non - owned autos. 8.2.4. Professional liability with a minimum limit of $1,000,000 per occurrence. 8.3. The County is to be an additional insured on the commercial general liability and business liability policies. The County will be given 30 days notice prior to cancellation or modification of any insurance. Such notification shall be in writing by registered mail, return receipt requested and addressed to the Risk Manager. It is the responsibility of the contractor to insure that all subcontractors comply with all insurance requirements. 8.4. The County, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required 85 4 hereunder, from time to time throughout the term of this Agreement. In such event, the County shall provide the Auditor with separate written notice of such adjusted limits and Auditor shall comply within thirty (30) days of receipt thereof. The failure by Auditor to provide such additional coverage shall constitute a default by Auditor and shall be grounds for termination of this Agreement by the County. 9. INDEPENDENT CONTRACTOR. It is specifically acknowledged and agreed by the parties hereto that the Auditor is and shall be, in the performance of all Services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the County. All persons engaged in any of the Services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Auditor's sole direction, supervision, and control, The Auditor shall exercise control over the means and manner in which Auditor and its employees perform the Services, and in all respects the Auditor's relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of the Agreement and not as employees, agents, or servants of the County. 10. MERGER, MODIFICATION. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter hereof 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 Auditor and the County. 11. 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. 12. 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 in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to do so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 13. 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 86 5 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. 14. 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. 15. NO PLEDGE OF CREDIT. The Auditor 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. 16. PUBLIC RECORDS. The County is a public agency subject to Chapter 119, Florida Statutes. Auditor shall comply with Florida's Public Records Law. Specifically, Auditor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Auditor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Auditor to comply with these requirements shall be a material breach of this Agreement. 17. 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: Diane Bernardo, Finance Director, Project Manager 1801 27th Street, Vero Beach, FL 32960-3365 Phone: (772) 226-1205; Facsimile: (772) 770-5331 Auditor: Rehmann Robson, LLC Attn: Robert R. Harris, Principal 5070 N. Highway A1A 87 6 Vero Beach, FL 32963 Phone: (772) 234-8484, Facsimile: (772) 234-8488 Notices shall be effective when received at the address as specified above. Email transmission is acceptable notice effective when received, provided, however, that email transmissions received 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. 18. SURVIVAL. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Auditor shall survive the termination or expiration of this Agreement. 19. INDEMNIFICATION. Auditor agrees to indemnify and hold harmless County, together with its agents, engineers, employees, officers, elected officials and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by a breach of this Agreement or the negligence, recklessness or intentional wrongful misconduct of the Auditor and persons employed or utilized by the Auditor in the performance of the Services under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. 20. CONSTRUCTION. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 21. 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. 22. GENERAL. The Background Recitals are true and correct and form a material part of this Agreement. IN WITNESS WHEREOF, the County and the Auditor have caused this Agreement to be executed in their respective names as of the date first set forth above. Auditor: Rehmann Robson, (sign) Printed name: ,`'D_W� e INDIAN RIVER COUNTY Board of County Commissio ley Ddvis, Chairman Witness: , (s i g n) ' k Printed name: Misty L. Pursel Attest: Jeffr y,R. mith, Cle By✓' .-' r / Deputy"Clerk �---� Approved by BCC: June 23, 2015 Approved: By J seph A. Baird County Administrator Approved as to form and legal sufficiency: By County Attorney ME EXHIBIT A Description of Indian River County and Records to be Audited 1) Indian River County encompasses approximately 497 square miles of land with an estimated population of 140,955. It is located on the east coast of Florida, approximately 135 miles north of Miami and 100 miles east-southeast of Orlando. The City of Vero Beach is the County seat. 2) For reporting purposes, the Comprehensive Annual Financial Report will include the Board of County Commissioners, the Clerk of the Circuit Court, the Property Appraiser, the Sheriff, the Supervisor of Elections, and the Tax Collector. Also included in the financial statements are two blended component units, the Solid Waste Disposal District and the Emergency Services District. 3) Accounting records for the Board of County Commissioners, including the Solid Waste Disposal District and the Emergency Services District, are maintained by the Clerk of the Circuit Court's Finance Department. The Board's records include a general fund, 28 special revenue funds (28 reporting funds, rolled from 49 individual funds), 2 debt service funds, 1 capital projects funds, 4 enterprise funds, 3 internal service funds, 1 agency fund, an OPEB Trust fund, a general fixed assets account group, and a general long-term debt account group. The FY 2014 total operating and capital budget for the Board is approximately $181.6 million. Enterprise funds are used to account for the County's Golf Course, Building Department, Water and Sewer Systems, and the Solid Waste Disposal District. 4) Accounting records for the Clerk of the Circuit Court are maintained by the Clerk's staff. The Clerk's records include a general fund, 4 special revenue funds, 8 agency funds, and a general long-term debt account group. The total FY 2014 budget for the Clerk is approximately $6.1 million. 5) Accounting records for the Property Appraiser are maintained by the Property Appraiser's staff. The Property Appraiser's records include a general fund, and a general long-term debt account group. The total FY 2014 budget for the Property Appraiser is approximately $3.1 million. 6) Accounting records for the Sheriff are maintained by the Sheriffs staff. The Sheriff's records include a general fund, special revenue funds, agency funds, a general fixed assets account group, and a general long-term debt account group. The total FY 2014 budget for the Sheriff is approximately $39.6 million. 7) Accounting records for the Supervisor of Elections are maintained by the Supervisor's staff. The Supervisor's records include a general fund, a special revenue fund, and a general long-term debt account group with a FY 2014 budget of approximately $1.1 million. 8) The Tax Collector's staff maintains accounting records for the Tax Collector. The Tax Collector's records include a general fund, agency funds, and a general long-term debt account group. The total FY 2014 budget for the Tax Collector is approximately $3.4 million. 90 1 9) All accounting records are maintained on a GAAP basis. 10) Budgets are integrated with the accounting records. 91 2 Services Required 1) An audit and an opinion.on the basic financial statements for the County and for the Board and for each Constitutional Officer. Financial statements are to be prepared in accordance with all applicable GASB requirements. 2) The audit is to be done in accordance with the requirements contained in the Introduction section of the Request For Proposal for Independent Auditing Services (page 2). 3) Review and make recommendations for required note disclosures for the County's Comprehensive Annual Financial Report. 4) Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue the following reports for the County and each individual constitutional officer: a. An independent auditors' report. b. A report on internal control over financial reporting and compliance. c. Reports on compliance with specific requirements applicable to federal and state financial assistance programs. d. The auditor shall communicate in a letter to management any reportable conditions found during the audit. f. Other reports as required by law or other governing bodies. 5) Special Reports for the County: a. Schedule of Activity Landfill Management Escrow Account as prepared in accordance with Rules 62-701.630(5) and 62-701.730(11), Florida Administrative Code. b. Data Collection Form to the Federal Audit Clearinghouse (SF -SAC) as required by OMB Circular A-133. c. Review of Annual Financial Report due to Department of Financial Services. d. Statement of County Funded Court -Related Functions as required by 29.008 Florida Statutes. e. Statement of compliance for budget and performance measures as required by 28.35 and 28.36 Florida Statutes. f. Other compliance reports as required by the State or regulatory organizations. 6) Assistance in_providing guidance and implementing changes in governmental accounting standards. 7) If the County issues debt, for which the official statement in connection with the debt contains basic financial statements and the independent auditors' report, the firm shall be required to issue a "consent and citation of expertise" as auditor and any necessary "comfort letters" at no additional cost to the County. 921 8) Irregularities and illegal acts. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts to the Clerk of the Circuit Court and the County Administrator. 932 EXHIBIT C Consist of 18 pages from the PROPOSAL FOR INDEPENDENT AUDITING SERVICES. 943 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: July 31, 2018 SUBJECT: Change in Investment Policy GOMPTRO`, ' 9� O COUNty Q� BACKGROUND During the Investment Advisory Committee meeting on July 19, 2018, a change was recommended to the Investment Policy to remove the Clerk of the Circuit Court and the Finance Director from the composition of the investment advisory committee. The Clerk of the Circuit Court and Finance Director do not need to be voting members of the committee since they are responsible for the day-to-day investment decisions and provide the reports to the other committee members at the quarterly meetings. We are requesting the following change to our investment policy: OLD: 1. Page 2, Section III.2 — Delegation of Authority and Oversight Procedures An Investment Advisory Committee consisting of the Clerk of the Circuit Court, the Finance Director, the County Administrator or his designee and at least two citizens selected by the Clerk shall meet regularly (at least quarterly) to evaluate investment performance of the County's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to prepare reports for the Board of County Commissioners. NEW: 2. Page 2, Section III.2 — Delegation of Authority and Oversight Procedures An Investment Advisory Committee consisting of the County Administrator or his designee and at least two citizens selected by the Clerk shall meet regularly (at least quarterly) to evaluate investment performance of the County's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to prepare reports for the Board of County Commissioners. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the Investment Policy changes. Attached is a complete investment policy with the recommended change. 95 INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners CA SH A ND SURPLUS FUNDS INVESTMENT POLICY E R L3 Prepared by the Clerk of the Circuit Court and Comptroller As amended by the Board of County Commissioners Revised August 14, 2018 MW INDIAN RIVER COUNTY, FLORIDA CASH AND SURPLUS FUNDS INVESTMENT POLICY TABLE OF CONTENTS I. OVERVIEW AND PURPOSE............................................................................. 1 II. OBJECTIVES....................................................................................................... 1 III. DELEGATION OF AUTHORITY AND OVERSIGHT PROCEDURES.......... 2 IV. PRUDENCE......................................................................................................... 2 V. AUTHORIZED INVESTMENTS........................................................................ 3 VI. MATURITY AND LIQUIDITY.......................................................................... 3 VII. PERFORMANCE MEASURES.......................................................................... 4 VIII. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION .................... 4 IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS ................. 4 X. SAFEKEEPING AND CUSTODY...................................................................... 5 XI. AGREEMENTS................................................................................................... 5 XII. BID REQUIREMENTS........................................................................................ 5 XIII. INTERNAL CONTROLS.................................................................................... 6 XIV. REPORTING........................................................................................................6 XV. CONTINUING EDUCATION............................................................................. 6 97 I. OVER VIEWAND PURPOSE This policy applies to all cash and surplus funds of Indian River County except 1) debt proceeds and 2) monetary assets held by other entities on behalf of the County. Indian River County often has funds available in excess of those required to meet short- term expenses (surplus funds). It is in the best interest of the citizens of Indian River County that an investment policy be established to provide guidelines for the investment of those surplus funds in such a manner as to preserve the safety and liquidity of those funds and to provide a competitive return on investments consistent with proper safeguards for the handling of government funds. The investment policy must comply with all applicable State laws regarding investment of public monies. The purpose of this document is to provide the Clerk of the Circuit Court, who is responsible for the investment of County surplus funds, a set of procedures and guidelines for investment selection and monitoring of invested funds. Investment objectives, performance measurement, prudence and ethical standards, authorized investments, maturity and liquidity requirements, portfolio composition, risk and diversification, authorized investment institutions and dealers, third party custodial agreements, master repurchase agreements, bid requirements, internal controls, reporting and continuing education will be established by this investment policy and serve as the framework for all investment activities. II. OBJECTIVES The primary objectives of investment activities carried out by the Clerk shall be the following in order of importance: 1. To preserve capital in the overall portfolio and to maintain the safety of principal; 2. To remain sufficiently liquid to meet disbursement requirements that might be reasonably anticipated; and 3. To manage the investment portfolio to provide a competitive return consistent with objectives in Items 1 and 2 and other risk limitations described in this policy. The highest priority of all investment activities shall be the safety of principal and liquidity of funds. The optimization of investment returns shall be secondary to the requirements for safety and liquidity. 98 III. DELEGATION OFA UTHORITYAND OVERSIGHT PROCEDURES 1. The responsibility for conducting investment transactions rests with the Clerk of the Circuit Court. The Clerk may delegate the responsibility for day-to-day investment decisions to deputy clerks. The Finance Director will provide investment information to the Clerk concerning investment decisions made by deputy clerks managing the investments. 2. An Investment Advisory Committee consisting of the Clefk of the Gi fe_.;* GetH4 the Finanee Dir-eeter-, the County Administrator or his designee and at least two citizens selected by the Clerk shall meet regularly (at least quarterly) to evaluate investment performance of the County's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to prepare reports for the Board of County Commissioners. The Committee will recommend appropriate investment policies and procedures for all investment activities carried out by the Clerk. The Committee will perform an annual review of those investment policies and procedures. 3. The Clerk may use professional money management to assist in the investment of County surplus funds consistent with this policy. If such management is employed they shall act in a co -fiduciary relationship with the Clerk to insure that ample liquidity is maintained to meet County cash flow requirements. Money managers are required to provide investment strategy reviews to the Investment Advisory Committee quarterly or more frequently if requested. Money managers shall provide portfolio valuations monthly or more frequently if requested. An outside consultant may be utilized to evaluate investment performance of outside money managers. Performance figures will be calculated net of all fees and commissions. The consultant will provide comparative performance analysis on money managers to the Investment Advisory Committee quarterly. Money managers' performance, calculated in accordance with the Chartered Financial Analysts (CFA) Institute's performance presentation standards, will be compared to standard benchmarks. IV. PRUDENCE The standard of prudence to be applied by the Clerk shall be the "Prudent Person Rule" which states, "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." The Prudent Person Rule shall be applied in the context of managing the overall portfolio. The Clerk, in accordance with Section 218.415 of the Florida Statutes and County procedures, will exercise due diligence. The Clerk will follow these policies and procedures. He will work with the Finance Director who will report to him any individual security's credit risk or market price change and recommend appropriate action be taken to control adverse developments. 2 99 V. AUTHORIZED INVESTMENTS Authorized surplus funds shall be subject to restrictions as may be imposed by law (Section 218.415 of Florida Statutes). Funds will only be invested in the following securities: 1. Direct obligations of the United States Treasury; 2. Any intergovernmental investment pool, with the exception of SBA pools, authorized pursuant to the Florida Interlocal Cooperation Act as provided in FS 163.01. 3. Florida Local Government Investment Trust Fund (FLGIT); 4. Interest-bearing time deposits or savings accounts in qualified public depositories as defined in Section 280.02, Florida Statutes; 5. Federal agencies and instrumentalities; 6. Securities of, or other interests in, any open-end or closed-end management -type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; 7. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; or 8. Repurchase agreements with a term of one (1) year of less collateralized by direct obligations of the United States Government which have maturities of three (3) years or less and a market value of 103% or more of the repurchase amount; 9. Derivatives (defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or index or asset values), reverse repurchase agreements, or similar forms of leverage are prohibited; 10. Premiums will not be paid for any investments. All investments will be purchased at par or at a discount. VI. MATURITYAND LIQUIDITY County investments shall be managed to maintain liquidity for meeting the County's need for cash and to limit potential market risks. To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. 100 VII. PERFORMANCE MEASURES The yield of the one-year Treasury at a c benchmark for investment of County funds. vary depending on changes in interest rates. instant, fixed maturity is established as the The actual performance of the portfolio may VIII. PORTFOLIO COMPOSITION, RISKAND DIVERSIFICATION The following are the guidelines for investments and limits on security issues, issuers and maturities as established by the County. The Investment Advisory Committee shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. With the exception of United States Treasury Obligations, no more than 20% of the entire portfolio shall be invested in any one federal agency. No more than 10% of the portfolio may be placed in any one Qualified Public Depository (and collateralized in accordance with State requirements). In addition, no more than $6.5 million of the portfolio, including accrued interest, may be placed in certificates of deposit with any one financial institution. No more than 10% of the portfolio may be placed in any one money market fund, mutual fund, or intergovernmental investment pool. All investments must have stated maturities of ten (10) years or less and no more than 25% of the portfolio shall be invested in instruments with stated final maturities greater than five (5) years. The portfolio shall have securities with varying maturities and at least 10% of the portfolio shall be invested in readily available funds. IX. A UTHORIZED INVESTMENT INSTITUTIONS AND DEALERS Purchases and sales of authorized investments will only be made through financial institutions that are qualified as public depositories by the Chief Financial Officer of the State of Florida or are "primary dealers" as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities and Exchange Commission Rule 15C3 (Uniform Net Capital Rule). The Investment Advisory Committee must approve all brokers and dealers who desire to transact trades with the County. All brokers and dealers who desire to transact trades with the County must provide the Finance Director with the following: A. Audited financial statements, B. Proof of Financial Industry Regulatory Authority certification, C. Proof of state registration, when required, and D. Certification of having read the County Investment Policy. Brokers and dealers who have been approved by the Investment Advisory Committee must provide annual audited financial statements to the Finance Director. The Investment Advisory Committee will annually review the list of approved institutions and brokers. 4 101 X. SAFEKEEPINGAND CUSTODY All securities purchased by the Clerk shall be properly designated as an asset of the County and held in safekeeping by a third party custodial bank, chartered by the United States Government or the State of Florida, and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the Finance Director or his designee. The Clerk will execute third party custodial agreements with banks. Such agreements will include details as to the responsibilities of each party, the costs to be borne by each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, and procedures in case of unforeseen mishaps. XI. AGREEMENTS The Clerk will execute bank and investment agreements. Such agreements will include details as to the responsibilities of each parry, costs to be borne by each party, notification of wire transfers, and transaction costs. XII. BID REQUIREMENTS After the Finance Director has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three qualified brokers and/or dealers will be contacted and asked to provide bids on the securities in question. In most situations the competitive bid process shall be utilized, except when securities are purchased as an initial offering. The Finance Director will choose the appropriate brokers or dealers from among those on the approved broker/dealer list based on expertise, competitiveness and the ability to execute the transaction and deliver the securities on a timely basis. A minimum of three (3) bids will be obtained. 1. Bids will be held in confidence until the best bid is determined and awarded, 2. Documentation will be retained for all bids, with the winning bid clearly identified, 3. If for any reason the highest bid (on sales of investments) or the lowest bid (on purchases of investments) is not selected, then the reasons leading to that decision will be clearly documented, 4. If the maturing investment is a certificate of deposit, the present holder of the funds will be one of the contacts made, subject to the portfolio diversification requirements in this policy and the institutions' ability to maintain collateral. 5 XIII. INTERNAL CONTROLS 102 The Clerk shall adopt a written set of internal controls and operational procedures to be implemented by the Finance Director, which said controls are designed to protect the County's funds and ensure proper accounting and reporting of securities transactions. Such internal controls shall consist, at a minimum, of the following: 1. All securities purchased or sold will be transferred only under the "delivery versus payment" (DVP) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met; 2. The Clerk is authorized to accept, on behalf of and in the name of Indian River County, bank trust receipts or confirmations as evidence of actual delivery of the obligations or securities in return for investment of funds; and 3. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of Indian River County. 4. The written system of internal controls and operational procedures shall be approved by the Investment Advisory Committee and shall be subject to review by the external auditors as part of the annual financial audit. XIV. REPORTING Quarterly reports will be prepared disclosing current investments, the book value of all investments, earnings for the quarter, market values for all investments, purchases, sales, and maturities of investments and such other information as may be requested. Quarterly and annual reports concerning the investment activities, investment portfolio and performance will be submitted to the Investment Advisory Committee and placed on the consent agenda of the Board of County Commissioners. XV. CONTINUING EDUCATION Given the often complex and diverse nature of investments, and the importance of balancing the safety and liquidity of investments against the desire to maximize interest earnings, deputy clerks responsible for making investment decisions must annually complete sufficient continuing education as required by State law in subjects or courses of study related to investment practices and products. 0 103 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271h Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: August 1, 2018 SUBJECT: Indian River County Grant Contract Subrecipient Awards alla a�, LU) +��► /YR��FR COUNT{ F`' As part of the federal government requirement under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award, (commonly known as the Uniform Grant Guidance), subrecipient agreements must be entered into and approved by the Board of County Commissioners for any new grants or updates to current grants. Based on the classification of grant recipients, the Treasure Coast Homeless Services Council (TCHSC) is classified as a grant subrecipient. On September 19, 2017, the Board approved Housing and Urban Development (HUD) grants in the amount of $1,688,549. In reviewing those subrecipient grants, the two grants listed below were not included. Per the requirements of the Uniform Grant Guidance, a subrecipient grant agreement must be approved with TCHSC that encompasses the additional grants. Continuum of Care - HMIS Grant #FI-0116L4H091609 $35,400 Continuum of Care - HMIS Grant #FI -04181-41-1091604 $27,840 $63,240 Recommendation: Approve the Indian River County Grant Contract Subrecipient Award agreement with the TCHSC and execute any related documents. Attachments: Indian River County Grant Contract Subrecipient Award with TCHSC with exhibits A -D 104 Indian River County Grant Contract Subrecipient Award This Grant Contract ("Contract") entered into effective this 14th day of August, 2018 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and Treasure Coast Homeless Services Council, Inc. ("Subrecipient"), 2525 St. Lucie Avenue, Vero Beach, FL 32960 (Address), 064340768 (Unique Entity Identifier) for Continuum of Care grants (Name of Subrecipient's Program). Background Recitals A. The County received see attached list - Exhibit A (Federal and/or State Award Identification) ("Award") from the Department of Housing and Urban Development (HUD) (Federal agency) on see attached list (date), the Award Date. B. The Awards are for homeless rental assistance and homeless management information system (i.e., administration of the programs). C. The Federal Award Identification Numbers ("FAIN") for the Awards, if applicable, is see attached list (FAIN). D. The Catalog of Federal Domestic Assistance ("CFDA") Number for the Awards, if applicable, is see attached list (CFDA). The total dollar amount made available under the Awards are $ see attached list. E. The indirect cost rate for the Award, including if the de minimis rate is charge, per federal regulations is up to 10 percent on rental assistance grants; however 7% has been agreed upon between the County and TCHSC. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient attached hereto as Exhibit "B" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Research and Development The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as 105 other research and development activities and where such activities are not included in the instruction function. 4. Term The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) see attached list ("Grant Period"- Exhibit A). The Grant Period and performance start date commences on see attached list. 5. Grant Funds and Payment. The approved Grants for the Grant Period is see attached list ($63,240). The amount of federal funds obligated under this Contract by the County to the Subrecipient is see attached list ($63,240). The total amount of the Awards committed to the Subrecipient by the County is see attached list ($63,240). The total amount of federal funds obligated to the Subrecipient by the County, including the current obligation is see attached list ($63,240). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs. Subrecipient is permitted to charge an indirect cost rate of 7% to the federal award. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs) 7. Additional Obligations of Subrecipient. 7.1 Records. The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial Pages statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws. The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. 7.3 Performance Reports. The Subrecipient shall submit cumulative, Performance Reports to the Finance Department of the County within 90 days following the completion of the grant. These reports should include but not limited to grant expenses and other statistics as required by the grants during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements. If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal 106 year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements. Subrecipient shall, no later than February 5, 2019, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by- Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for, premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and 107 all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.7 Indemnification. The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records. The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. 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(a-IRCGOV.COM Indian River County of the County Attorney 180127 th Street Vero Beach, FL 32960 8. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 108 9. Notice and Contact Information - Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Mike Smykowski, Budget Director Indian River County 1801 27th Street Building A Vero Beach, FL 32960 Subrecipient: Louise Hubbard, Executive Vice President Treasure Coast Homeless Services Council, Inc. 2525 St. Lucie Avenue Vero Beach, FL 32960 10. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 12. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator SUBRECIPIENT: By: Louise Hubbard, Executive Vice President Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Agency Name: Treasure Coast Homeless Services Council, Inc. 109 Indian River County BOCC Continuum of Care Grants Description/Grant Name Federal Award ID # CFDA# CONTINUUM OF CARE - HMIS FL04181-4H091604 14.267 CONTINUUM OF CARE - HMIS FL0116L4H091609 14.267 SUBTOTAL OF AWARDS Exhibit A Amount Award Date Grant Period $ 27,840 02/15/17 01/01/18-12/31/18 $ 35,400 02/15/17 09/01/17-08/31/18 $ 63,240 110 Exhibit A EXHIBIT B CONSENT AGENDA 09/19/17 �G INDIAN RIFER COUNTY, FLORIDA AGENDA ITEM g'# x Assistant Counh' Administrator/ �C1K1U Department of General Services Date: May 2, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael Zito, Assistant County Administrator From: Brad Bernauer, Director County Human Services Subject: HUD Grant Renewals for Homeless Management Information System (HMIS) and Continuum of Care (CoC) Program DESCRIPTION AND CONDITIONS: The Federal Department of Housing and Urban Development (HUD) will continue offering permanent supportive housing to persons experiencing homelessness as well as services including health care, and mental health counseling. Applications were submitted for Fiscal Year (FY) 2016 Continuum of Care (CoC) Program and were officially awarded. The grants are divided into two categories: Supportive Housing Program Grants (HMIS) and Continuum of Care (formerly Shelter Plus Care) Program. The grants are administered by the Treasure Coast Homeless Services Council, Inc. ("TCHSC") in cooperation with the Human Services Division of the State Health Department and Indian River County. In the past, the County has advanced payment requests to the TCHSC upon receipt of a letter from HUD acknowledging tite grants and prior to receipt of the actual grant renewal agreements. Last year, the Board of County Commission approved the reimbursement of funds advanced by the TCI4SC following receipt of the award letters but prior to receipt of the renewal agreements. This year the TCHSC has agreed to %vithhold any reimbursement request until the grant renewals are received from the Jacksonville Office. 1110 1 762 25'_':gramcus_nas\msitc\filesdRCGlAnachment_sL'517ce{i 1-538c-4 fb0-8fc4-2513c%7R(k3 doe Page 4,41 Exhibit A Page Two HUD Grant Renewals for Homeless Management Information System (H'MIS) and Continuum of Care (CoC) Program FY 2016 Crant Renewal Projects FL0338L4HO91603 2016 CocTRA 2 $ 69,816 FL0360UH091607 2016 Indian River CHRONICS $ 91,344 FL011914HO91609 2016 New Chronics Renewal $265,728 FLO113L411091604 2016 COCwide "IRA $ 94,272 FL0380UH091602 2016 Family Rental Assistance $ 88,116 FL0114L4H091609 2016 Alcohope Renewal $ 69,816 FL04401AH091605 2016 NEW HORIZONS TWO RENEWAL $107,232 sl 11 4 1 1 x anston enewa ,40 "M0I ata ua 1ty enewa 2► , 4 TOTAL: $ 849,564 1CHSC Difiz TCHSC J)1teC� FUNDING: These grants require NO MATCHING .FUNDS from the county and there are no changes from previous years in the way the funds are disbursed. RECONIMENDATION: Staff recommends the Board: 1) Acknowledge the renewal of awards by HUD in the aggregate amount of $849,564. 2) .Authorize the Budget Office to process reimbursement requests from the TCIISC pursuant to the terms of the original grants. 3) Approve the budget resolution amending the fiscal year 2016/2017 budget. ATTACHMENTS: U.S. Department of Housing and Urban Development letter of February 15, 2017 and list of conditionally obligated funds awarded. Exhibit A-Budeet Resolution ?U0,176 2 253\lyanictLs nasNinsnclfilcs\IRC(i\Anachments12597ceG1-538c4i6O-8fc4-2513c%78(k3 dnc Page 142 U.S. UEPA HTMENT OF 110USING ANO URBAN VEVELOP.MENT WASHINGTON. DC 04:.-74M OFHC_ OF ASSISI'A S"r SFCRf'rnRY FOR C0AML+`.rTVPLANN ING;NDOE,T[OP ENT f:ebruan• 15, ?017 Mr. Bradley Bernauer Director, Count}' Human Services Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 'x-'_960 Dear Mr. Bernauer: Congratulations! 1 am delighted to inform you that the Fiscal Year (FY)_ --016 Continuum of Care (CoC) Program project application(s) your organization submitted teas selected for funding in the total amount ol'S819,564. The CoC Program is an important pari of HUD's mission. C'oCs all over the country continue to improve the lives of men, women, and children experiencing homelessness through their local planning etToris and through the direct housing and service programs funded under the FY 2016 CoC Program Competition. The programs and CoCs funded through the CoC Program continue to demonstrate their value by improving accowltahility and performance cven dear. I IUD commends your oreanization for its work and encourages it to continue to Strip c for cxcellcnce in the fight aeairst homelessness. The conditionally obligated funds for your award(s)are detailed in the enclosure, which lits: the name(s) of the individual project(s): the project number(s). and the specific amounts) of the obligation(s) for each conditionally selected application. Your local rigid office \kill be sending a letter to provide your organization with more information about finalizing your award(s), including execution of yoga grant agreement(s). Your organization will be able to access these (ands once all conditions are satisfied and the grant agreement is fully executed. Enclosure Sincerely. Clifford Tat et General Deputy Assistant Secretary for Community Planning and Development ,­.hud.Eo. rg)xnol.hud.S;ot Page J7 3 x Exhibit A I: F1,03-81-41-1091603 i 2016 CoC TRA 2 569.816 FL036OL4HO91607 2016 Indian River CHRONICS 591,344 i FLOI19L411091609 2016 New Chroncics Renewal S265,T_'8 FLOI I: L4HO91604 2016 COC-.vide'IRA S94.272 F1.03801 -4H091602 2016 FAMILY RENTAL ASSISTANCE 588,116 FLO 1141-4 H091609 2016 Aicohope Renewal 569,816 F L044OL4HO91605 2016 NEW! jORIZONS TWO RENEWAL S107-132 FLO I 16L4HO91609 2016 HMIS Expansion Rcnewai S35,400 FLO418L4HO91604 2016 Data Quality Renewal S=7.840 Total Awarded: S849.564 Page M4 EXHIBIT C [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check or credit card payment. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1u may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 3091) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." 34 115 EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Venue: Choice of Law: ;The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor. The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment. This Contract may not be assigned by the Subrecipient without the prior written consent of the County. 35 116 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: July 12, 2018 SUBJECT: Consideration of the Indian River County SHIP Program 2018 Annual Report It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 14, 2018. DESCRIPTION AND CONDITIONS In the early 1990's, the State Housing Initiatives Partnership (SHIP) Program was created by the State of Florida. Through that program, the state collects documentary stamp tax revenue and allocates those funds to local governments to be used for affordable housing purposes. On April b, 1993, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Plan (Ordinance #93-13). By adopting the plan and subsequently receiving Florida Housing Finance Corporation approval of the plan, Indian River County became eligible to receive State Housing Initiatives Partnership (SHIP) Program funds. The purpose of the SHIP program is to provide affordable housing for income qualified households. As structured, the county's SHIP Program provides low interest, deferred payment, and subordinated loans to eligible extremely low income, very low income, low income, and moderate income households. Those loans are provided primarily for purchase assistance and rehabilitation assistance. As part of the SHIP purchase assistance program, private financial institutions .provide principal mortgages, while SHIP loans are generally structured as soft second mortgages. 117 Since SHIP is a state funded program, the SHIP program fiscal year (FY) is concurrent with the state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For example, in the past year the county has expended funds from the following SHIP program fiscal years: FY 15/16, FY 16/17, and FY 17/18. For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income consists of SHIP loan repayments and interest earned. Attachment #1 shows historic SHIP fund information. That includes the number of loans provided to eligible applicants by fiscal year and by income category. According to SHIP Program requirements, the county must submit an annual report for each fiscal year for which SHIP funds were expended. A certification form for those reports must be signed by the Chairman of the Board of County Commissioners or his designee. For all previous fiscal years, closeout reports were previously submitted to and approved by the state. Attached to this staff report are the county's SHIP Program FY 2015-2016, FY 2016-2017, and FY 2017-2018 annual reports (see attachments 2, 3 and 4). FY 2015-2016 is a final closeout annual report. All Fiscal Year annual reports must be submitted to the state by September .15, 2018. ANALYSTS According to state regulations, SHIP funds must be utilized in such a manner that all state requirements and all requirements of the county's Local Housing Assistance Program are met. Among the, State Housing Initiatives Partnership Program. (SHIP) requirements are the following: At least 30% of -funds must be utilized by very low income (VLI) households At least 30% of funds must be utilized by low income (LI) households • At least 65% of funds must be utilized for homeownership At least 75% of funds must be utilized for construction, rehabilitation or emergency repair At least 20% of funds must be utilized for disabled applicants or household members Not more than 10% of funds may be utilized for administration costs In administering the SHIP program, the county has met all of those requirements as well as all local requirements for home ownership, credit, employment, assets, and others. Copies of the attached annual reports have been distributed to members of the county's Affordable Housing Advisory Committee, Affordable Housing Partnership Group, municipalities, and other interested persons for their review and comment. Also, a notice of the availability of the reports was posted on the county website. To date, staff has received no comments. The purpose of this staff report is to provide the Board of County Commissioners with background information and the attached SHIP annual reports, and to obtain Board authorization for the Chairman to sign the Certification Form for the attached SHIP annual reports (see attachment 5). 118 FUNDING The SHIP program is funded by documentary stamp tax revenues collected and distributed by the State. ALTERNATIVES The Board of County Commissioners has two alternatives with respect to the attached SHIP Annual Reports. Those are: 1. Approve the attached SHIP Annual Reports and authorize the Chairman to sign the attached Certification Form, allowing staff to submit the reports to the Florida Housing Finance Corporation. 2. Reject the attached SHIP Annual Reports. Choosing the second alternative, however, would cause the county to become ineligible to receive additional SHIP funds. Staff supports the first alternative. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached SHIP 2018 annual reports and authorize the Chairman to sign the attached Certification form. Attachments: 1. SHIP Funds and Applicants Information_ Summary 2. SHIP Annual Report for FY 2015-2016 (Final Closeout report) 3. SHIP Annual Report for FY 2016-2017 (Interim report) 4. SHIP Annual Report for FY 2017-2018 (Interim report) 5. SHIP Annual Report Certification Form F;\Community Development\SHIKAnnual Reports\2018 AR\BCC Staff Report IRC SHIP 2018 Annual Report.doc 119 SHIP PROGRAM FUNDS AND APPLICANT INCOME INFORMATION SUMMARY State FY (JULY 1 - JUNE 30) Amount of SHIP Allocations (State funding only) SHIP Re -payments and other Program Incomes Fund Transferred From Previous FY Funds Transferred to Next FY Total Budget Number of Loans Approved by FY Number and % of Loans Approve VLI % by Income Category LI % MI by FY % 1992-93 $ 250,000.00 $ 491.65 $ 249,508.35 41 13 31.71% 17 41.46% 11 26.83% 1993.94 $ 250,000.00 $ 491.65 $ 1,229.99 $ 249,261.66 37 12 32.43% 18 48.65% 7 18.92% 1994-95 $ 250,000.00 $ 1,229.99 S 1,070.57 $ 250,169.42 30 11 36.67°% 13 43.33% 6 20.00% 1995-96 $ 565,773.00 $ 14,358.95 $ 1,070.57 S 728.95 $ 580,473.57 58 19 32.76% 35 60.34% 4 6.90°% 1996-97 $ 632,136.00 $ 29,887.06 $ 728.95 $ 763.92 $ 661,988.09 74 34 45.95% 35 47.30% 5 6.76% 1997-98 $ 622,455.00 $ 50,489.83 $ 763.92 $ 2,895.52 $ 670,813.23 65 22 33.85% 36 55.38% 7 10.77% 1998-99 $ 903,723.00 $ 76,289.63 $ 2,895.52 $ 1,222.30 $ 981,685.85 64 23 35.94% 37 57.81% 4 6.25% 99-2000 $ 749,773.00 $ 62,361.43 $ 1,222.30 $ 2,330.62 $ 811,026.11 45 19 42.22% 21 46.67% 5 11.11% 2000-01 $ 1,205,592.00 $ 94,288.47 $ 2,330.62 $ 6,182.41 $ 1,296,028.68 74 27 36.49°% 35 47.30% 12 16.22% 2001-02 $ 1,023,335.00 $ 117,946.26 $ 6,182.41 S 1,726.79 $ 1,145,736.88 70 26 37.14°% 34 48.57% 10 14.29% 2002-03 $ 1,195,168.00 $ 263,472.59 $ 1,726.79 $ 584.91 $ 1,459,782.47 84 40 47.62°% 36 42.86°% 8 9.52°% 2003-04 $ 955,048.00 $ 429,002.84 $ 584.91 $ 9,055.09 $ 1,375,580.66 66 32 48.48°% 22 33.33°% 12 18.18% 2004-05 $ 916,659.00 $ 780,843.50 $ 9,055.09 $ 667.95 $ 1,705,889.64 54 22 40.74% 18 33.33°% 14 25M% 2005-06 $ 930,319.00 $ 776,332.65 $ 667.95 $ 1,573.97 $ 1,705745.63 46 22 47.83% 17 36.96% 7 15.220% 2006-07 $ 1,209,521.00 $ 571,296.01 $ 1,573.97 $ 3,254.83 $ 1,779,136.15 45 1 13 28.89% 17 37.78% 15 33.33% 2007-08 $ 1,238,998.00 S 388,611.21 $ 3,254.83 $ 763.39 $ 1,630,100.65 48 21 43.75% 21 43.75% 6 12.50% 2008-09 $ 1,379,672.00 $ 137,282.47 $ 763.39 $ 840.61 $ 1,516 877.25 60 34 56.67% 26 43.33% 0 0.00% 2009.10 $ 350,000.00 S 512,787.89 $840.61 $ 4,533.52 $ 859094.98 45 16 35.56% 16 35.56% 13 28.89% 2010-11 $ - $ 1,140,960.90 $ 4,533.52 $ 2,642.72 $ 1,142,851.70 70 38 54.29% 29 41.43% 3 4.29% 2011-12 $ 350,000.00 S 200,065.07 $ 2,642.72 $ 9.168.11 $ 543,539.68 26 16 61.54% 7 26.92% 3 11.54% 2012-13 $ 55,619.00 $ 227,996.34 $ 9,168.11 $ 4,467.47 $ 288,315.98 12 6 50.00% 5 41.67% 1 8.33% 2013-14 $ 350,000.00 $ 154.122.17 $ 4,467.47 $ 3,878.17 $ 504,711.47 21 13 61.90°% 7 33.33% 1 1 4.76% 2014-15 $ 697,558.00 $ 219,527.48 $ 3,878.17 $ 3,339.15 $ 917,624.50 40 19 47.50% 19 47.50% 2. 5.00% 2015-16 $ 706,401.00 $ 130,633.93 $ 3,339.15 $ 2,037.26 $ 838,336,82 32 12 37.50°% 16 50.00% 4 12.50% 2016.17 $ 929,891.00 $ 182,785.47 $ 2,037.26 $ $ 1,114,713.73 36 13 36.11% 14 38.89% 9 25.00% 2017-18 YTD $ 657,875.00 $ 305,587.94 $ - $ 963,462.94 16 4 25.00% 8 50.00% 4 25.00% 2018.19 YTD $ 350,000.00 $ $ $ 350,000.00 1 1 100.00% 0 0.00% 0 0.00°% TOTAL $ 18,725,516.00 $ 6,866,930.09 1 $ 65,449.87 $ 65,449.87 $ 25,592,446.09 1260 528 41.90% 559 44.37% 173 13.73% Total SHIP & 482 HHR loans 1 1742 ATI TACHMERP FACommunity Development\SHIMudget Tracking (Spreadsheets)1SHIP and other Summary 120 7/24/2018 Form 1 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Title® SHIP Annual Report Report Status; Unsubmitted Indian River County FY 2015/2016 Closeout Page -1 ATTACHMENT 2 121 SHIP Distribution Summary: Homeownership Code . Strategy 1 Purchase Assistance with Rehab 2 Purchase Assistance with Impact Fee Loan 3 Rehabilitation 6 Emergency Rehab Homeownership Totals: Rentals Form SHIP AR/2009 67-37.008(3)(17, F.A.C. Effective Date: 11/2009 Expended Amount Units Encumbered Amount Units Unencumbered Amount Units' $173,202.42 8 $.00 0 $.00 0 $82,680.00 3 $.00 0 $.00 0 $439,897.84 12 $.00 0 $.00 0 $65,384.77 9 $.00 0 $.00 0 $761,165.03 32 $.00 0 $.00 0 Rental Totals: Subtotals: $761,165.03 32 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $70,640.10 $.00 $6,531.69 $.00 $.00 Encumbered $.001 $.00', $.00', $.00 Totals: $838,336.82 32 $.00. 0 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source -of -Funds Amount Expended $706,401.00 Encumbered $2,412.01 Unencumbered $128,221.92 Code Strategy. Amount Units Amount 06its. Amount Units Rental Totals: Subtotals: $761,165.03 32 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $70,640.10 $.00 $6,531.69 $.00 $.00 Encumbered $.001 $.00', $.00', $.00 Totals: $838,336.82 32 $.00. 0 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source -of -Funds Amount State Annual Distribution $706,401.00 Program Income (Interest) $2,412.01 Program Income (Payments) $128,221.92 Recaptured Funds $.00 Disaster Funds Other Funds Carryover funds from previous year $3,339.15 Total: $840,374.08 0 $.00 Unencumbered $.00 $.00 $.00 $.00 $.00 * Carry Forward to Next Year: $2,037.26 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 0 Page 2 122 ATTACHMFNT 2 01 Form 2 Form SHIP AR/2009 67-37,008(3)(0, FAC. Effective Date: 11/2009 Pap 3 123 Form SHIP ARJ2009 67-37.008(3)(1), F.A.C. Effective Date: 11/2009 Rental Unit Information Descriptioh I Eff. 1 Bed 2 Bed 3 Bed 4 Bed V No rental strategies are in use Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $761,165.03 39.49% Public Moneys Expended $.00 .00% Private Funds Expended $1,166,433.00 60.51% Owner Contribution $.00 .00% Total Value of All Units $1,927,598.03 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab FL Statute Compliance Category SHIP Funds Trust Funds % of Trust Fund Minimum % Homeownership $761,165.03 $706,401.00 107.75% 65% Construction / Rehabilitation $761,165.03 $706,401.00 107.75% 75% Program Compliance - Income Set -Asides Project Funding for Expended Funds Only Income Category SHIP Funds Expended SHIP Funds Encumbered SHIP Funds Unencumbered Total of SHIP Funds Total Available Funds % Total SHIP Funds Expended Extremely Low $94,203.55 $.00 $.00 $94,203.55 11.21% 0 Very Low $180,447.40 $.00 $.00 $180,447.40 21.47% $.00 Low $426,713.48 $.00 $.00 $426,713.48 50.78% 16 Moderate $59,800.60 $.00 $.00 $59,800.60 7.12% $59,800.60 Over 120%-140% $.00 0 $.00 $.00 .00% Totals: $761,165.03 32 $.00 0 $761,165.03 32 Totals: $761,165.03 $.00 $.00 $761,165.03 90.57% Project Funding for Expended Funds Only Income Category Total Funds Mortgages, Loans & DPL's Mortgages, Loans & DPL Unit #s Total Funds SHIP Grants SHIP Grant. Unit#s Total SHIP Funds Expended Total # Units Extremely Low $94,203.55 4 $.00 0 $94,203.55 4 Very Low $180,447.40 8 $.00 0 $180,447.40 8 Low $426,713.48 16 $.00 0 $426,713.48 16 Moderate $59,800.60 4 $.00 0 $59,800:60 4 Totals: $761,165.03 32 $.00 0 $761,165.03 32 Page 4 124 ATTACHMENT 2 , Forth SHIP AM009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Form 3 Page 5 lnwmwmt ' . 125 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 1112009 Form 4 Status of Incentive Strategies Page 6 ATTACHMENT 2 126 Page 7 Form SHIP AR2009 67-37,008(3)(0, F.A.C. Effective Date: 11/2009 127 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Incentive Strategy:. Adopted regulations providing up to a 20% density bonus for affordable housing development projects (housing element policy 2.5, Land Development Regulations Section 911.14(4)(a)). Adopted regulations allowing for small lot subdivisions with reduced setbacks, lot size, and lot width requirements (Land Development Regulations, Chapter 911 and Section 971.41(10)). Adopted policies for expedited permit processing (Housing Element policies 1.5 and 1.6). Adopted policy for review of proposed local policies or regulations which may increase the cost of housing (Housing Element policy 1.7). Adopted a policy for inventory of all surplus county owned land (Housing Element policy 2.4). Adopted regulations allowing zero lot line subdivisions (Land Development Regulations Section 915.15). Established Local Housing Assistance Program, allowing the county to utilize State Housing Initiatives Partnership (SHIP) program funds for the provision of affordable housing (Local Housing Assistance Program, Local Housing Assistance Plan, Housing Element policies 2.7, 3.5, 4.4, 4.6, 4.7, 4.9, and 9.1). Adopting Ordinance or Resolution Number or identify local policy: Identified as part of section #A" above. Implementation Schedule (Date): All incentives were implemented :as scheduled. Has the plan or strategy been implemented? If no, describe the steps that will be taken to implement the plan: Yes Status of Strategy - (is the strategy functioning as intended, i.e. are the lime frames being met, etc.): All Strategies are working as intended. Support Services Page 8 ACHA T 2 128 Form SHIP AR12009 67-37.608(3)(0, F.A.C. Effective Date: 11/2009 Page 9 129 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 The county, in conjunction with financial institutions, conducts a homebuyers education workshop program for all applicants who request purchase assistance (see attachments regarding homebuyers education program). The county holds Indian River County SHIP Affordable Housing Partnership Meetings with local lenders and real estate professionals to provide updates on office policy changes to the SHIP program and invite them to join the SHIP program. SHIP staff work closely with Habitat for Humanity staff to provide loan assistance to qualified loan applicants in Indian River County. The Indian River County Council on Aging provides various services to elderly and handicapped individuals including housing assistance. The Housing Authority and Economic Opportunity Council provides housing assistance to qualified households. County staff provide one on one assistance to applicants for completing SHIP applications, resolving credit problems, referring applicants to appropriate financial institutions for acquiring first mortgages and providing other assistance as needed. County SHIP staff, in conjunction with local financial institutions, non-profit organizations and others, conducts information workshops in the Gifford and Wabasso area of the county which have a high percentage of minorities and low income households. Other Accomplishments AVal At the end of June 2016,. the Indian River County LHAProgram has approved 33 loans with FY 2015/2016 funding. LHAProgram staff held several public meetings, placed newspaper advertisements and announcements. Because of these efforts, the LHAProgram is well known to the public, and there are many more eligible applicants than the county can assist with available SHIP funds. laDility Tor t-unilic inspection ana comments Annual reports provided to the public through AHAC,,Affordable Housing Partnership Group, county planning division, municipalities within the county, and the county website. Homeownership Default & Foreclosure Mortgage Foreclosures A. Very low income households in foreclosure: 3 B. Low income households in foreclosure: 1 C. Moderate households in foreclosure: 1 Foreclosed Loans Life -to -date: 67 SHIP Program Foreclosure Percentage Rate Life to Date: 3.88 Mortgage Defaults A. Very low income households in default: 0 B. Low income households in default: 0 C. Moderate households in default: 0 Defaulted Loans Life -to -date:. 0 SHIP Program Default Percentage Rate Life to Date: 0 ATTACHMENT 2 130 Page 10 ForM SHIP AR/2009 1 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Mjk) a 7 Page 11 131 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Welfare to Work Programs Priority is given to Welfare to Work program applicants. Strategies and Production Costs Strategy Average Cost Purchase Assistance with Rehab $173,202.42 Emergency Rehab $69,569.47 Impact Fee Loan $.00 Purchase Assistance with Impact Fee Loan $82,680.00 Rehabilitation $439,897.84 Expended Funds Total Unit Count: 32 Total Expended Amount: $761,165.00 Strategy Full Name Address City Zip Expended FY if Unit Code Funds Already Counted Purchase Arnold, 1445 25th Court SW Vero Beach 32962 $16,327.00 Assistance with Michael and Rehab Jennifer Purchase Binford, Joann 1995 1st Place SW Vero Beach 32962 $19,788.30 Assistance with Rehab Purchase Cisneros, 1220 35th Avenue Vero,Beach 32960 $19,456.25 Assistance with Pablo and Rehab Adda Purchase Fortier, William 1825 31st Avenue Vero Beach 32960 $18,908.75 Assistance with and Josie Rehab Purchase Gonzalez, 2943 6th Street SW Vero Beach 32968 $24,961.00 Assistance with Elizabeth Rehab Purchase McNulty, Jamie 8856 104th Court Vero Beach 32967 $21,562.10 Assistance with Rehab Purchase Nightingale, 1104 37th Avenue Vero Beach 32968 $22,762.02 Assistance with Sondra SW Rehab Purchase Soares, 3540 68th Place Vero Beach 32967 $29,437.00 Assistance with Bobbie Rehab Emergency Rehab Adorno, Gloria 535 22nd Court Vero Beach 32962 $8,326.40 Emergency Rehab Brown, Teretha 2554 2nd Street SW Vero Beach 32962 $4,229.05 Emergency Rehab Miesma, Tim 2448 1 st Court SE Vero Beach 32962 $5,096.35 and Mark Emergency Rehab Mitchner- 8435 58th Avenue Vero Beach 32967 $4,987.50 Franck, Ruby Emergency Rehab Othmer, Gayle 12126 31st Avenue Vero Beach 132960 1 $8,166.50 Page 12 ATTACHMENT 2 132 Adrr Sub Proc Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 1112009 Emergency Rehab Putzke, 1475 29th Avenue Vero Beach 32960 $13,512.60 Brandon and Mary Emergency Rehab Tacon, Amy 558 Saunders St Sebastian 32958 $6,001.32 Emergency Rehab White, George 638 Benedictine Ter Sebastian 32958 $9,776.50 and Marlene Emergency Rehab Wiggins, Alvin 1696 19th Avenue Vero Beach 32962 $5,288.55 B SW Purchase Beans, Roni 4568 N US HWY #1 Vero Beach 32967 $27,560.00 Assistance with Rae Impact Fee Loan Purchase Casas, ,, 2052 Waterside Lane Vero Beach 32962 $27,560.00 Assistance with Milando and SW Impact Fee Loan Felin Purchase Harris, Ruby 2122 Waterside Lane Vero Beach 32962 $27,560.00 Assistance with SW Impact Fee Loan Rehabilitation Bostic, Buford 4665 38th Avenue Vero Beach 32967 $48,220.00 Rehabilitation Bryant, Clara 4620 39th Avenue Vero Beach 32967 $38,601.00 Rehabilitation Bush, Stacey 8135 903rd Court Vero Beach 32967 $16,343.50 Ann Rehabilitation Collie, Julie 4302 28th Avenue Vero Beach 32961 $19,925.00 Mae Rehabilitation Drisdom, 3960 46th Place Vero Beach 32967 $40,988.34 Falisha Rehabilitation Goff, Alma 505 22nd Avenue Vero Beach 32962 $45,535.50 Rehabilitation Hamilton, 4013 41st Square Vero Beach 32967 $45,808.00 Fannie Rehabilitation Howton, 1.577 15th Circle SW Vero Beach 32962 $23,182:00 Mydee Rehabilitation Soius, Marie 1156 15th Avenue Vero Beach 32962 $49,462.00 SW Rehabilitation Stephens, 4560 38th Court Vero Beach 32960 $19,039.00 Fannie Rehabilitation Stewart, 4515 49th Avenue Vero Beach 32967 $46,850.00 Dorothy L Rehabilitation Wouters, 228 13th Place SW Vero Beach 32962 $45,943.50 Michael and Elaine iinistrative Expenditures $77,171.79 Administrative expenses for Indian River County Recipients and Consultants Name Business Type Strategy Covered Responsibility Iram Income Program Income Funds Loan Repayment: $128,221.92 Refinance: Page 13 rA�IT . 133 �tbLJ t 11 Foreclosure: Sale of Property: Interest Earned: $2,412.01 Other (): Total: $130,633.93 Explanation of Recaptured funds Descripti6n ` Amount, . Total: Rental Developments $.00 Form SHIP AM009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Development, Owner Add"rens City Zip SHIP'Am_ ount SHIP.'Compliance, Additional Name -Code Units Monitored By Notes. Indian River County 2015 Closeout Single Family Area Purchase Price The average area purchase price of single family units: 123,101.181 Or Not Applicable Form 5 rf..T. ,. Page 14 134 r. Form SHIP AR/2009 67-37.008(3)(D, F.A.C. Effective Date: 11/2009 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies .Expended Amount Units Encumbered Amount Units 1 Purchase Assistance with Rehab $.00 0 $.00 0 3 Rehabilitation $237,229.84 6 $.00 0 6 Emergency Rehab $10,384.90 2 $.00 0 Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: Providing down payment, closing cost and impact fee loans that provide long term affordable housing. Rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. Page 15 135 6�'dN TACi �j 2' Expended Encumbered Strategies Special Needs Category Amount $40,988.34 Units Amount Units (3) Rehabilitation Receiving Veterans 1 $.00 0 Disability Benefits $131,259.00 (3) Rehabilitation Receiving Social Security 3 $.00 0 Disability Insurance $64,982.50 (3) Rehabilitation Person with Disabling 2 $.00 0 Condition (not DD) $5,096.35 (6) Emergency Rehab Receiving Social Security 1 $.00 0 Disability Insurance $5,288.55 (6) Emergency Rehab Person with Disabling 1 $.00 0 Condition (not DD) Provide a description of efforts to reduce homelessness: Providing down payment, closing cost and impact fee loans that provide long term affordable housing. Rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. Page 15 135 6�'dN TACi �j 2' LG Submitted Comments: Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: -11 /2009 Page 16 136 Form 1 Form SHIP AR/2009 67-37.008(3)(% F.A.C. Effective Date: 1112009 Title: SHIP Annual Report Report Status: Unsubmitted Indian River County FY 2016/2017 Interim -1 Page 1 7M-WrAfT 137 Form SHIP AR/2009 67-37.008(3)(f , F.A.C. Effective Date: 11/2009 SHIP Distribution Summary: Homeownership Rentals I Expended $929,891.00 Encumbered $2,450.83 Unencumbered $180,334.64 Code Strategy Amount Units Amount Units Amount Units 1 Purchase Assistance with $130,756.15 7 $38,693.80 2 Rehab 2 Purchase Assistance with $89,513.00 4 Impact Fee Loan 3 Rehabilitation $415,260.43 12 $322,371.34 g 6 Emergency Rehab $15,990.64 3 Homeownership Totals: $651,520.22 26 $361,065.14 10 Rentals Rental Totals: Subtotals: Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $651,520.22 26 $361,065.14 10 -Expended $92,989.10 $.00 $9,139.27 $.00 Encumbered Totals:- µ $753,648:59 26 ^$36f,065.14 `10 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds I Expended $929,891.00 Encumbered $2,450.83 Unencumbered $180,334.64 Code Strategy =Amount I Units I Amount I Units I Amount I Units , Rental Totals: Subtotals: Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $651,520.22 26 $361,065.14 10 -Expended $92,989.10 $.00 $9,139.27 $.00 Encumbered Totals:- µ $753,648:59 26 ^$36f,065.14 `10 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $929,891.00 Program Income (Interest) $2,450.83 Program Income (Payments) $180,334.64 Recaptured Funds $.00 Disaster Funds Other Funds Carryover funds from previous year $2,037.26 Total: $1,114,713.73 Unencumbered * Carry Forward to Next Year: $.00 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Page 2 138 Form 2 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 1112009 Page 3 N ACHMENi 19 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 1112009 Rental Unit Information Description , "- Eff. 1 bed „ 2 Bed 3 Bed V No rental strategies are in use Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through :lune;30th for Units Amount of,Funds Expended to,, - • bate %"of�Tbtal Value SHIP Funds Expended $651,520.22 34.71% Public Moneys Expended $.00 .00% Private Funds Expended $1,225,327.20 65.29% Owner Contribution $.00 .00% Total Value of All Units $1,876,847.42 100.00% 4 Bed SHIP Program Compliance Summary - Home Ownership/Construction/Rehab FL Statute Compliance Cat®gory -SHIP Funds, :Trust Funds. ; %,of Trust Fund Minimum% Homeownership $1,012,585.36 $929,891.00 108.89% 65% Construction / Rehabilitation $1,012,585.36 $929,891.00 108.89% 75% Program Compliance - Income Set -Asides Income C_ at6gory SHIP Funds .' ' SHIP Funds Expended 'Encumbered Extremely Low Very Low Low Moderate Over 120%-140% Totals: $165,903.33 $110,857.00 $43,354.59 $36,514.34 $331,962.90 $175,000.00 $110,299.40 $38,693.80 $651,520.22 $361,065.14 Project Funding for Expended Funds Only _•SHIP'Funds- ' Unencumbered', - Total of SHIP Funds -Total Available Funds % Mortgages,, & DPL Unit #s $276,760.33 24.83% Total SHIP Funds Expended. $79,868.93 7.16% Extremely Low $506,962.90 45.48% $148,993.20 13.37% 6 $.00 .00% $.00 $1,012,585.36 90.84% Page 4 140 Income Category; ' Total Funds ; :Mortgoges; Loans Loans &:DPL's Mortgages,, & DPL Unit #s 'Tola_(Funds .SHIP'Grants • SHIP Grant U61t #s Total SHIP Funds Expended. Total # Units Extremely Low $165,903.33 6 $165,903.33 6 Very Low $43,354.59 3 $43,354.59 3 Low $331,962.90 10 $331,962.90 10 Moderate $110,299.40 7 $110,299.40 7 Totals: $651,520.22 26 $.00 0 $651,520.22 26 Page 4 140 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Form 3 Page 5 SNA 1.) Purchase Assistance Fellsmere Devel. 1 1 with Impact Fee and Each Farm Loan Hisp- Amer - Purchase Assistance Indian River County White 2 1 3 with Impact Fee Other Total Purchase Assistance Indian River County 1 Loan 3 1 6 Rehabilitation Indian River County 6 5 11 Rehabilitation Sebastian 1 Purchase Assistance City of Vero Beach 1 Totals: 9 14 3 26 Race_ (Head of Household) Forin SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Totals: 10 9 6 1 26 Demographics (Any Member of Household) List Unincorporated Devel. and Each Farm Dis= Hisp- Amer - Description Municipality White Slack anic Asian Indian Other Total Purchase Assistance Indian River County 1 2 3 1 6 with Rehab Purchase Assistance City of Vero Beach 1 1 with Rehab Emergency Rehab Indian River County 1 2 1 1 2 3 Purchase Assistance Fellsmere 1 1 with Impact Fee Loan Purchase Assistance Indian River County 2 2 2 1 3 with Impact Fee Loan Rehabilitation Indian River County 6 3 2 4 1 7 11 Rehabilitation Sebastian 1 1 1 Totals: 10 9 6 1 26 Demographics (Any Member of Household) Totals: 9 4 10 23 Page 6 :G.,i,._��L1uSEN% 442 List Unincorporated Devel. and Each Farm Dis= Home - Description Municipality Worker abled less Elderly Other Other Total Purchase Assistance Indian River County 1 1 with Rehab, Purchase Assistance City of Vero Beach 0 with Rehab Emergency Rehab Indian River County 1 1 2 4 Purchase Assistance Fellsmere 0 with Impact Fee Loan Purchase Assistance Indian River County 2 2 1 5 with Impact Fee Loan Rehabilitation Indian River County 4 1 7 12 Rehabilitation Sebastian 1 1 Totals: 9 4 10 23 Page 6 :G.,i,._��L1uSEN% 442 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Sp®cial Target � Total.# of Description Group Expended Funds Expended Units Form 4 Expended Funds $651,520.00 Strategy r Full Name_ Address City' Zip Expended FY if Unit Code- Funds Already. Counted Purchase Ball, Basil 2546 86th Court Vero Beach 32966 $18,556.69 Assistance with Rehab Purchase Dorvelia, 1555 22nd Avenue Vero Beach 32962 $24,641.45 Assistance with Alancia and SW Rehab Valcius, Clotilde Purchase Gomez, 8776 102nd Court Vero Beach 32967 $16,749.85 Assistance with Roberto and Rehab Miriam Purchase Johnson, 2079 36th Avenue Vero Beach 32960 $19,933.00 Assistance with Charlie Allison Rehab Purchase Miller, Sonia 534 4th Place SW Vero Beach 32962 $11,987.16 Assistance with and Lloyd Rehab Purchase Moure, 6246 6th Street Vero Beach 32968 $19,572.60 Assistance with Stehanie Rehab Purchase Martinez, 525 20th Court Vero Beach 32962 $19,315.40 Assistance with Michael Rehab Emergency Rehab Pugliese, 3245 1st Street Vero Beach 32968 $4,184.70 William Emergency Rehab Shuren, Lucille 8535 61st Drive Vero Beach 32967 $3,101.94 Emergency Rehab Thompson, 703 5th Street SW Vero Beach 32962 1 $8,704.00 Daniel Page 7 ATTAR DIT 14j Form SHIP AR/2009 67-37.008(3)(17. F.A.C. Effective Date: 1112009 Purchase Hernandez, 10059 Grace Avenue Fellsmere 32948 $21,833.00 Assistance with Pedro and Impact.Fee Loan Rojas, Manuela Purchase Hurst, Allison 2094 Waterside Lane Vero Beach 32962 $22,560.00 Assistance with SW Impact Fee Loan Purchase Jelks, 2025 Waterside Lane Vero Beach 32962 $22,560.00 Assistance with Trayshonda SW Impact Fee Loan Purchase Sanon, Osnel 2123 Waterside Lane Vero Beach 32962 $22,560.00 Assistance with and Noel, SW Impact Fee Loan Juliette Rehabilitation Bass, Alberta 4345 82nd Street Vero Beach 32967 $43,897.95 Rehabilitation Carter, Velma 3620 44th Street Vero Beach 32967 $43,300.60 Rehabilitation Christino, 4126 39th Drive Vero Beach 32967 $41,298.00 Tonilee M. Rehabilitation Gonzalez, 1116 13th Avenue Vero Beach 32962 $35,736.65 Kareline SW Rehabilitation Goodwin, 805 35th Avenue Vero Beach 32960 $44,497.50 Lawrence and Sharon B. Rehabilitation Gutierrez, 523 20th Street SW Vero Beach 32962 $14,694.00 Elizayne Almanza Rehabilitation Heath, Mary 6455 51st Avenue Vero Beach 32967 $25,558.65 Rehabilitation Jackson, Linda 4059 42nd Square Vero Beach. 32967 $42,601.50 Rehabilitation Lee, Bolin 448 1.5th Street.SW Vero Beach 3296.2 $28,407.03 Rehabilitation Richards, Lois 145 44th Avenue Vero Beach 32.968 $43,510.90 G. and John R. Rehabilitation Stephens, 663 5th Street SW Vero Beach 32962 $39,217.15 Lavette J. Rehabilitation lWard, Betty 916 Louisiana Sebastian i 32958 $12,540.50 Form 5 Indian River County 2016 Interim -1 Page 8 "° r' 4 Form SHIP AR2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 (Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 1 Purchase Assistance with Rehab $.00 0 Amount Units 2 Purchase Assistance with Impact Fee Loan $22,560.00 1 with Impact Fee Loan 3Rehabilitation $261,554.33 $261,554.33 711 (3) Rehabilitation 6 1Emergency Rehab $7,286.64 211 Disability Insurance Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: LG Submitted Comments: Page 9 I 145- .1 Expended Encumbered Strategies Special Needs Category Amount $22,560.00 Units Amount Units (2) Purchase Assistance Receiving Social Security 1 with Impact Fee Loan Disability Insurance $261,554.33 (3) Rehabilitation Receiving Social Security 7 Disability Insurance $7,286.64 (6) Emergency Rehab Receiving Social Security I 2 F Disability Insurance I Provide a description of efforts to reduce homelessness: LG Submitted Comments: Page 9 I 145- .1 Form 1 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date. 11/2009 Title: SHIP Annual Report Report Status: unsubmitted Indian River County FY 2017/2018 Interim -2 Page 1 146 Form SHIP AR2009 67-37.008(3)(0, FAC. Effective Date: 11/2009 SHIP Distribution Summary: Homeownership Rentals Amount Expended $657,875.00 Encumbered $6,616.93 Unencumbered $298,971.01 Code Strategy Amount Units Amount Units Amount Units 1 Purchase Assistance with $95,215.22 4 $44,790.30 2 $160,713.34 Rehab 7 2 Purchase Assistance with $107,800.00 5 $.00 0 $45,541.05 2 Impact Fee Loan 3 Rehabilitation $96,252.47 3 $80,000.00 2 $95,973.59 2 6 Emergency Rehab $.00 0 $:00 0 $156,110.08 6 Homeownership Totals: $299,267.69 12 $124,790.30 4 $458,338.06 17 Rentals Rental Totals: Subtotals: Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $299,267.69 12 $124,790.30 Expended ii $65,787.50 1 $15,279.391 Encumbered Totals: $380,334.58 12 $124,790.30 4 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount Expended I $657,875.00 Encumbered $6,616.93 Unencumbered' $298,971.01 Code Strategy Amount I Units I Amount I Units I Amount I Units Rental Totals: Subtotals: Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $299,267.69 12 $124,790.30 Expended ii $65,787.50 1 $15,279.391 Encumbered Totals: $380,334.58 12 $124,790.30 4 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $657,875.00 Program Income (Interest) $6,616.93 Program Income (Payments) $298,971.01 Recaptured Funds Disaster Funds Other Funds Carryover funds from previous year $.00 Total: $963,462.94 4 $458,338.06 171 Unencumbered 1 $458,338.06 17 * Carry Forward to Next Year: $.00 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Page 2 rj. 5 147 AT iits; Forts 2 Form SHIP AR/2009 67-37.008(3)(6, F.A.C. Effective Date, 11/2009 A Page 3 TTACHM[NT 14,11 A Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 1112009 Rental Unit Information Description Eff. 1-13ed 2 Bed 3 Bed 4 Bed . J No rental strategies are in use Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds, Produced, through June 30th for Units Amount of Funds Expended to bate % of Total Value SHIP Funds Expended $299,267.69 19.48% Public Moneys Expended $56,200.45 .00% Private Funds Expended $1,237,380.00 80.52% Owner Contribution 19.48% .00% Total Value of All Units $1,536,647.69 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab Income, Category Compliance Category SHIP Funds Trust Funds - % of Trust Fund FL Statute Minimum $56,200.45 Homeownership $882,396.04 $657,875.00 134.13% 65% 19.48% Construction / Rehabilitation $882,396.04 $657,875.00 134.1311/a 75% Program Compliance - Income Set -Asides Project Funding for Expended Funds Only Income Category Tofal Funds Mortgages, Total Funds Mortgages, LoansJB SHIP Grants Loans B.DPL's DPL.Unit- #s. Extremely Low $18,984.47 1 Very Low $56,200.45 2 Low $169,313.82 6 Moderate $54,768.95 3 Totals: $299,267.69 12 $.I Page 4 ;SHIP .Grant Unit #s Income, Category SHIP Funds- Expended, 'SHIP -Funds Encumbered 'SHIP:Funds Unencumbered; Tota SHIP Funds Total Available Funds'/o' $56,200.45 Extremely Low $18,984.47 $50,000.00 $118,689.95 $187,674.42 19.48% 3 Verylow $56,200.45 $75,000.00 $131,200.45 13.62% Low $169,313.82 $54,790.30 $143,420.33 $367,524.45 38.15% Moderate $54,768.95 $20,000.00 $121,227.78 $195,996.73 20.340% Over 120%-140% $.00 .00% Totals: $299,267.69 $124,790.30 $458,338.06 $882,396,05 91.59% Project Funding for Expended Funds Only Income Category Tofal Funds Mortgages, Total Funds Mortgages, LoansJB SHIP Grants Loans B.DPL's DPL.Unit- #s. Extremely Low $18,984.47 1 Very Low $56,200.45 2 Low $169,313.82 6 Moderate $54,768.95 3 Totals: $299,267.69 12 $.I Page 4 ;SHIP .Grant Unit #s Total SHIP Funds' Expended Total # Units $18, 984.47 1 $56,200.45 2 $169,313.82 6 $54,768.95 3 0 $299,267.69 12 149 jAi�W T IV Form SHIP AR2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Form 3 Page 5 RUM ilU��i4� �� �`� 150 Form SHIP AW2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Demographics (Any Member of Household) Totals: 2 1 3 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Special Target Total # of Description Group Expended Funds Expended Units Form 4 Expended Funds $299,268.00 Strategy Full Name Address City Zip, Expended FY if Unit Code Funds Already Counted Purchase 3445 1 st Place Vero Beach 32968 $22,947.00 Assistance with lHaynes, Eony &. I I Rehab White, Brian Purchase List Unincorporated 636 9th Place Devel. 32960 $28,640.45 Assistance with Kathleen and Each Farm Dis- Home. Rehab Description Municipality Worker abled ' less Elderly Other Other Total Purchase Assistance Indian River County SW 0 with Rehab Purchase Smith, 3466 1st Street Purchase Assistance Indian River County $19,648.95 Assistance with Chimere 1 1 with Impact Fee Rehab Loan Acosta, 2066 Waterside Lane Vero Beach 32962 $17;560.00 Assistance with Roberto & Rehabilitation Indian River County Impact Fee Loan 1 1 2 Totals: 2 1 3 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Special Target Total # of Description Group Expended Funds Expended Units Form 4 Expended Funds $299,268.00 Strategy Full Name Address City Zip, Expended FY if Unit Code Funds Already Counted Purchase 3445 1 st Place Vero Beach 32968 $22,947.00 Assistance with lHaynes, Eony &. I I Rehab White, Brian Purchase Hyatt, 636 9th Place Vero Beach 32960 $28,640.45 Assistance with Kathleen Rehab Purchase Pursel, Katelyn 1426 25th Avenue Vero Beach 32962 $23,978.82 Assistance with SW Rehab Purchase Smith, 3466 1st Street Vero Beach 32966 $19,648.95 Assistance with Chimere Rehab Purchase Acosta, 2066 Waterside Lane Vero Beach 32962 $17;560.00 Assistance with Roberto & SW Impact Fee Loan Rubby Page 6 151 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Purchase Carter, 2039 Waterside Lane Vero Beach 32962 $27,560.00 Units Assistance with Kimberly Ann SW Purchase Assistance with.lmpact Fee can $22,560.00 1 Impact Fee Loan 3 Rehabilitation $63,535.47 3 $50,000.00 1 Purchase Gedeon, 2080 Waterside Lane Vero Beach 32962 $22,560.00 Assistance with Rebecca SW Impact Fee Loan Purchase Mitchell, 2053 Waterside Way Vero Beach 32962 $17,560.00 Assistance with Margaret Ann SW Impact Fee Loan Purchase Ruszczyk, 2053 Waterside Lane Vero Beach 32962 $22,560.00 Assistance with Kayla SW Impact Fee Loan Rehabilitation Lee, Bolin C 448 15th Street SW Vero Beach 32962 $18,984.47 Rehabilitation Montanaro, 2705 49th Avenue Vero Beach 32966 $32,717.00 Sheree Lynn Rehabilitation Shuren, Larry 8535 61st Drive Vero Beach 32967 $44,551.00 & Lucille Indian River.County 2017 Interim -2 Form 5 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 1 Purchase Assistance with Rehab Amount $22,560.00 Units Amount Units 2 Purchase Assistance with.lmpact Fee can $22,560.00 1 with Impact Fee Loan 3 Rehabilitation $63,535.47 3 $50,000.00 1 6 Emergency Rehab $50,000.00 1 Disability Insurance Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: Page 7 , �: -t,,:� 152 Expended Encumbered Strategies Special Needs Category Amount $22,560.00 Units Amount Units (2) Purchase Assistance Receiving Social Security 1 with Impact Fee Loan Disability Insurance $63,535.47 (3) Rehabilitation Receiving Social Security 3 $50,000.00 1 Disability Insurance Provide a description of efforts to reduce homelessness: Page 7 , �: -t,,:� 152 LG Submitted Comments: Form SNIP AR/2009 67-37,008(3)(0, F.A.C, Effective Date: 11/2009 Page 8 T iA- CHM- 9,153 State Housing Initiatives Partnership (SHIP) Program Annual Report and local Housing Incentives Certification On Behalf of Indian River County (Local Government), I hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year 201512016 and interim years 2016-2017 & 2017-2018 2. The local housing incentives or local housing incentive plan have been implemented or are .in the process of being implemented. Including; at -a minimum: a. Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be $ 0.00 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be $ 0.00 Staff Member responsible for submitting annual report to FHFC: Sasan Rohani Witness Signature Date Witness Printed Name Witness Signature Date Witness Printed Name Chief Elected Official or Designee Signature Date Peter D. O'Bryan, Chairman Chief Elected Official or Designee Printed Name ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Signature Date ATTEST (Seal) ATTACHMENT 5 420.9075 (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government's chief elected official or his or her designed.50ansmittal of the annual report by a county's or eligible municipality's chief elected official, or his or her designee, certifies that the local housing incentive strategies, or, if applicable, the local housing incentive plan, have been implemented or are in the process of hoinn imniomontorl nnrcrnant to tha nrinntarl crhariula fnr imniomPntation. • INDIAN RIVER COUNTY, FLORIDA 1?m 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: 74th Avenue and 1" Street SW Culvert Replacement Release of Retainage and Change Order No. 1 IRC -1737 DATE: July 9, 2018 DESCRIPTION AND CONDITIONS On February 20, 2018, the Board of County Commissioners awarded RFP No. 2018024to Johnson -Davis, Inc. in the amount of $179,540.00 for the replacement of a failed culvert at the intersection of 74th Avenue and 1st Street SW in the Indian River Farms Water Control District Sub -Lateral C-2 Canal. The proposed pipe was a 120" Corrugated Steel Pipe (CSP) with RipRap end treatments. Guardrail was added on both sides of the road adjacent to the proposed work. Other work included temporary canal bypass, earthwork, maintenance of traffic, erosion control and any other incidental work required to complete the project. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $13,239.95 for a final cost of $166,300.05. Johnson -Davis, Inc. has completed the project and has been paid $157,985.05 with $8,315.00 held in retainage. Johnson -Davis, Inc. has submitted Contractor's Application for Payment No. 3 for release of retainage in the amount of $8,315.00. FUNDING Funding is budgeted and available from Optional Sales Tax/74th Ave/1St ST SW/Retainage - Account No. 315-206000-18003 in the amount of $8,315.00. RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Application for Payment No. 3 to Johnson -Davis, Inc. in the amount of $8,315.00 for release of retainage. ATTACHMENTS 1. Contractor's Application for Payment No. 3 2. Change Order No. 1 APPROVED AGENDA ITEM FOR AUGUST 14, 2018 155 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F834F12F\@BCL@F834F12F.doc Contractor's Application for Payment 74th Avenue SW and 1St Street SW Culvert Replacement Application for Payment No. 03. For Work Accomplished through the period of 6/01/2018 through 6/30/2018 To: Indian River County (OWNER) From: JOHNSON-DAVIS, INC. (CONTRACTOR) Project No.: 1737 Bid No.: 2018024 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $179,540.00 2. Net change by Change Orders and Written Amendments (+ or -): 0.00 3. Current Contract Price (1 plus 2): $179,540.00 4. Total completed and stored to date: $166.300.05 5. Retainage (per Agreement): 0.00% of completed Work: % of retainage: $0.00 Total Retainage: 0.00 6. Total completed and stored to date less retainage (4 minus 5): $166.300.05 7. Less previous Application for Payments: $157,985.05 8. DUE THIS APPLICATION (6 MINUS 7): JaII5.00 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) if this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622-1 HAEXCEUCURRENT JOBS-200'S\21471\Con1ractof's Application for Payment-03-6nal.doc Rev. 05101 Contractor's Application for Payment -03 -final 156 Page 2 of 5 2. Updated Construction Schedule per Specification Sec 'on 01310, and Dated 7Z_3 /),-,/f,` By: (CONTRACTOR - mL6Fbe signed by an Officer of the Corporation) 4 . V - l' Print Name and Title ' STATE OF FLORIDA COUNTY OF - f2-'`" �itr P -lir Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared -- . rr--/_ -.rg..-who being by me first duly sworn upon oath, says that he/she is the t`ic'e,P,zf3-) of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this i:) day of �, �, , 20 is personally known to me or has produced as identification. (SEAL) r!!&, LARISADIiUPELKEV r° Commission#GG 157707 Expires January 22, 2022 j9lFOi il•�`O` Bonded Thru Budget Notalysenrim Please remit payment to: NOTARY PUBLIC: Printed name: Commission No.: `?' /S, -'77r Commission Expiration: ter. 22• 2 -2 - Contractor's Name: 147✓'47,/- ��W.., •�� Address: [The remainder of this page was left blank intentionally] Contractor's Application for Payment -03 -final 00622-2 157H:IE00' XCELICURRENT JOBS - 2S1214711Conlrectors Application for Payment-03-final.doc Rev. 05101 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Liberty Mutual Insurance Company Page 3 of 5 a corporation, in accordance with Public Construction Bond Number 016214010 , 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: f Liberty Mutual Insurance Company 6,eet-gt"Nolari Hemmer, Witness Corporate Surety 175 Berkeley Street Boston, MA 02116 Business Address 016- Print Na e: Mafia Signorile 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 Maria Signorile , to me well known or who produced well known as identification, who being by me first duly sworn u on oath, says that he/she is the Attorney -in -Fact for Ins u anrt utual yand that he/she has been authorized byl munan; it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment.ubscrikae,� � and sworn to before me this 3rd day of July 20 18 .�'�� �� K ST�c"'% Notary Pu lic, State of GEORGIA My Commission Expires: 2/1/2021 [The remainder of this page was left blank intentionally] 016214010 Contractor's Application for Payment -03 -final (2).doc 00622-3 C:%Users\rmignori\Desktop\Working 2018%016214010 Contractor's Applicatlon for Payment -03 -final (2).doc Rev. 05101 158 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8103391 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Maria Signorile; Benjamin A. Stahl; Elizabeth K. Sterling; Wesley P. Williams all of the city of Atlanta state of GA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge nd and deliver, for and on its behalf as surety aas its act and deed, any and all undertakings, bonds; recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of May , 2018 . LAY INS" 'tNCUp ytNX, T r a 1919 n `* 1912 t 1991 r i °'+rar_roi � ' :tom. „ • �2 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West mericaann Insurance Company By: David M. Carey. Asslstani Secretary On this 21st day of May , 2018 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. gA PASre COMMONWEALTH OF PENNSYLVANIA a +! ! al t Seal Tcnsa Pasasteiiaila, Nctnry Public By: OF Upper Merion Avp-, Mnntgnmery C<ronry Teresa Pastella, Notary Public Aly Commosinn Errnres March 28.2021 �qR1'VP��+ Pomb- PenoryMnm Assudation of Nwa—s � N. This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows; ARTICLE IV -OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such aftorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, We and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. /� IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this `day of -c) .20 . ��(Y A .pl.l;tj h P't ;teS UN,7• til.5-Cr"rr;r:i�yi(� ,����v.a�.F �rF, �. ✓MParu f. 0 19i9 0 1912Y 3 '` 1991 ` � BY1— x, t Renee C. Uew ssisiant Secretary 190 of 400 WAIVER AND RELEASE OF LIEN (UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10.00 received, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Johnson -Davis Inc. on the job of Indian River County B.O.C.C.(Owner), for improvements to the following described project: 74111 Avenue SW and 1" Street SW Culvert Replacement project Indian River County/Brevard County Dated On J .0 L.1 t , ; ��; b Lienor's Name: Lake Point Restoration LLC Address: 12012 South Shore Blvd., Suite 107 Wellington, FL 33414-6397 By: Printed NaOie/ Title: Sworn to and subscribe before me this l �, CHRISTINE E HENLEY MY COMMISSION ti FF977409 EXPIRES March 31, 2020 Q8*0'FS I 10'd1901�' AM Signature of Notary Public PeiitaPfrif'TatyIe1 Commissioned State of Florida Personally Known XX or, Produced Identification: Type of Identification Produced: NOTE: This is a stotulory forint prescribed by Section 713.20, 11orida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to fu nish a waiver or release of lien that is different from the statutoty form. 160 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The tmdersigned lienor, in consideration of the iynaf payment in the amount of $10.00 received, hereby waives and releases its lien and right to claim alien for labor, services or materials furnished to Johnson -Davie Inc. on the job of Indian River County B.O.C.C40wner), for Improvements to the fallowing described projed Dated On 74th Avenue SW and 1'' Street SW Culvert Replacement project Indian River County/Brevard County Lienor's Name: MWI Corporation Address: 7775 9' St SW (Oslo Road) Vero Beach, FL 32968 By: /('a4ar & U)d chx a 07/05/2018 Printed Name/ Title: d Ghran -1/.� E?infzc IJ r -V. Sworn to and subscribe before me this OU) 'nv 'Yt YV d1 fes/ i- ,1 _/ifi Jam/ K Hanson ot!fir a of Notary iilic Prins Name of Notary PubI' N(YrARY PUBM sioned Slate of Florida STATE OFFLORIDJI Can" GGQ3DM Expkw 9114202(? Personally Known XX or, Produced Identification: Type of Identification Produced: NOTE: This Is a slatuloryform prescrfbed by Seaton 713 20, Florida Statutes (1996). Effective October X,1996, apemon may not require a lienor to furnish a waiver or rselease of lien that is dl, fenW from the stalulwy form. 161 I Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated 7 /j Zo/8 SIG tAT 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 tha ' ue. Dated 7 IGNATURE [The Remainder of This Page Was Left Blank Intentionally] 00622-4 H;IEXCELICURRENT JOBS - 200'S1214711Contractofs Application for Payment-03-final.doc Rev. 05101 Contractor's Application for Payment -03 -final 162 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 H:\EXCEL\CURRENT JOBS - 200'S\21471\Contractor's Application for Payment-03•final.doc Rev. 05101 Contractor's Application for Payment -03 -final 163 IRC PROJECT NO. IRC -1737 7416 Awn" SW end tai St 6W Culwn RaPlerAmant SC.HFDULEDVALUE PREVIOUS APPLICATION THIS PERIOD_ _ _TOTAL CO_MP_LFTFD QUANTITY • Am.un1 % MATERIALS BALANCE TO FINISH O.m Ne. (_ie+chnlen QT UNIT_ Unil Drive amount QUANTITY Amount _ �I _ CtUANT11YATft _ STORED QUANTITY Am -1 303.1 1M091LIZATION 1 t5 S 15,000.00 15,000.00 1.00 15.000.00 ' 0.00 100 I 0.00 3.DO 15,090.00 I II 100.00% 0.00 t 0.00 I 0.00 l) ( ""0." 1.00 1 4$00.00 4500.00 I 100.00% i 0.00 0.00 I 103.1 MAINTENANCEOPIRAFFIC 1 LS S 4500.00 ; X0,00 T 1Pty PREVENDON,CV'NTMOL AND ABATEMENT OF EROSION AND WATERPOLLUTION 1 l5 I S L60000 .00 1,E00"OD ' 1,600.00 0.00 1.00 1,600. 00 ( 100.007L 0.00 j 0.00 I 0 .00 _ _ fOt•2 _ BY•PA55PUMPBTEM9DRARY CHECK DAMS m•A-I 1 IS 5 5.800.00 6'50000 1.00 6,800.09 0.00 1.00 6,800.00 �i fOO.m% 1 &DO DOD }-^-0.00 1161.1 .__ -- CIFARING &GRUBBING 1 1 IS $ 9,000.00 9.000.00 1.00 m BAGDAD ' D.00 100 8,000.00 � 100.w% � a00 0.00 0.00 1261 _ _ _ REGULAR EXCAVATION 1 IS 1,S 2._500.00 �� 2.200.00 5 18.00 2'500'00 1.00 21500.00 0.00 1.00 0.00 1.DO 2,500.00 2,200.00 100.004 ' 0.00 100.00% j 0.00 0.00 j 0.00 0.00 0.00 I 1266 EMBANKMENT 1 _ LS�S 2,200.00 1.00 j Z200.09���..___ 1 1251 EXC4YADON iOR STPVCTUAES W ' LY 1,152.00 0.00 0.00 _ 0.00 0.00 OAO 0.00"n 0.00 W.00 1.152.00 T'PE 657,4&UZATON112� THICK, LBR40) 393 SY 5 2LODi 6,993.00 57500.00 , 433.33 9.0:9.93 I 0.00 433.33 I 9.099.93 I _ 0.00 1000 I i7,SW.00� I 130.13% 0.00 •100.33 1 •2,105.93 _ 0.00 0.00 I _ _iEbd 436175-199 PIPECUIVERT. ROUND, 320^5/CD (CSP) 50 LP 5 Loom] I , j 50. 500.00 00 57 { 100.00% ' 000 { � I_SP S Is -Co. 7560.00 420.00 7,!60.00 0.00 420.00 I i 71530.00 100.00%0.00 0.00 1 0.00 1 455.133.2_ ,SHEET PILING STEELTEMPORARY•OIITICAL _ 420 _._. _TN IN $ 1d0.00I 14,000.00 165,49 23,168.60 0.00 165.49 1 23.163.60 I 165.495 0.00 •63.49 ' •9,163.80 5363 i RIPRAP, RUBBLE, FBI, BANK ANDSHORE 100 _ _�-�.__ RIPRAP, RUBBLE, FILL DITCH LINING 30 53631 S 140.00 4'200'00 __._.. 30.00 4,200.00 _ 0.00 3000 4,200.00 100.00% 0.00 0.00 I 0.00 _ 536.141 1.... R.1 175 _ IFY IS 145.00 i S 10.GO 25,375.00 86.00 12.470.00 0.00 86.00 12,47000 49.1411 0.00 $9.00 I 12,905.00 5761-2 PERFORMANCETURF 500{MATCH EXISTING 105 j� I SY 1,OE0.00 622.22 6,222.20 0.00 622.22 1.00 6.222.20 587.004 I 0.00 •316.22 •5,162.20 i 3,100.00 LOD 3,100.00 0.00 3,100.00 100.00% 0.00 0.00 0.00 AS -BUILT DRAWING {BY REGISTERED SURVEYOR} 3 I l5 $ 3.100.00 1.00 _99,41 CO aC1 D -.-Der og---t 1 LS S_ (3.000.00 3.0011.00 1.00 3,000.00 I 0.00 •5;000,40 _ I00.00150.00 0.00 �040� IDecrene 0.00 1.00 �._ 0.00 ; 0.00 1.00 �• 0.00 100.00% 0.00 0.00 0.00' _ CO PO2 _ _- -� 1 LS `✓1 5 4979.321 4,3%9.32 3.00 - --4,3TB.32 ( 0.00 I 1.00 4,579.32 y 100.00% 0.00 000 0.00 00 003 _�___.___. Ilrartnse IS -� "`-"'.-_"..•-"- .1:.619.27 1 I •14,619.27 Oeertase-Final Ad)ust 1 LS $-141619_27) 1 SUB TOTAL _ 149,30005 ( 166,300.05 OAO 0.00 E 166,30005 0.00 •17.000.00 FORCE ACCOUNT 1 LS $ 17,000.00 17.070.00 0.00 I 0.00 I 0.00 0.00 0.00% 0.00 I 1.00 17,000.00 74th Avenue SW and 1st Street SW Culvert Replacement TOTAL 1661300.05 TOTAL 166,300.05 TOTAL 0.00 TOTAL 166,300.05 TOTAL ...p TOTAL 0.00 AMOUNTCOMPLETEO TO DATE $166,300.05 50.00 MATERIALS STORE. TO DATE SUBTOTAL MATERIALS STORED AND COMPLETE TO DATE _� __5166,300.05 RETAINAGE OF WORK COMPLETED AT O% _ _$0.00 7166.300.05 TOTAL COMPLETED AND STORED LESS RETAINAGE $157,985.05 LESS PREVKIUS PAYMENT 58.315.00 AMOUNT DUE CONTRACTOR PAY APP NO. 3 164 SECTION 00942 - Change Order Form No. 1 Final DATE OF ISSUANCE 08/14/2018 .EFFECTIVE DATE: 08/14/2018 OWNER: Indian River County CONTRACTOR JOHNSON-DAVIS, INC. Project: 74111 AVENUE SW AND 13t STREET SW CULVERT REPLACEMENT OWNER'S Project No. IRC -1737 OWNER'S Bid No. 2018024 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is 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 CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $179.540.00 Net decrease of this Change Order: $13.239.95 Contract Price with all approved Change Orders: $166.300.05 ACCEPTED: gP-NTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Final Completion: 90 Net increase (decrease) this Change Order: (days) Final Com letion:r(days) Contract Time with all approved Change Orders: Final Com letion: RECOM LADED: By: EN IN g (Signature) Date: % �� 20/0 APPROVED: By: OWNER (Signature) Date: IRC -1737 -FCO -2018 00942-1 FAllubllo WorkslENGINEERING DIVISION PROJECTS11737 74th Ave and tat SW Culvert Replacemen111-AdminWganda IternaWroject CloseoutllRC-1737_FCO_2ol8.4i65 CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: 74th AVENUE SW AND 1st STREET SW CULVERT REPLACEMENT I.R.C. PROJECT NO. 1737 BID NO. 2018024 item No. ` ' Description Unit Quantity Unit Price Price increase Price Decrease 160-4 TYPE B STABILIZATION 12" THICK LBR 40 SY • 100.33 21.00 2106.93 530-3 RIPRAP RUBBLE F&I BANK AND SHORE TN 65.49 140.00 9,168.60 570-1-2 PERFORMANCE TURF SOD MATCH EXISTING SY 516.22 10.00 5162.20 125.-1 EXCAVATION FOR STRUCTURES CY 64 18.00 1,152.00 536-1-0 GUARDRAIL -ROADWAY GENERAULOW SPEED TL -2 LF 89.00 145.00 12 905.00 WCD 1 8 -GAUGE ALUMINIZED CORRUGATED STEEL PIPE SAVINGS 1.00 3,000.00 3000.00 WCD 3 FIELD ADJUST GUARDRAIL LOCATION 1.00 4,379.32 4,379.32 FORCE ACCOUNT 17 000.00 SUBTOTALS I 1 1 20,817.05 1 34,057.00 74TH AVENUE SW AND 1ST STREET SW CULVERT REPLACEMENT TOTAL $ (13,239.95) 166 00310-1 FAIRublic WorWENGINEERING DIVISION PROJECTS11737 741h Ave and 1st SW Culvert Replacementlt-Admiriftenda ItemslProjecl CloseouI%IRC•1737 FCO 2010 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 7F TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Elbert Izquierdo - 66th Avenue, Vero Beach, FL 32967 DATE: July 17, 2018 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition forthe planned improvements of 66th Avenue between 49th Street - 691h Street. The proposed improvements include widening the existing two-lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Elbert Izquierdo own a 9.83 acre unimproved parcel which is zoned A-1. To accommodate the future planned improvements on 66th Avenue, the County needs to acquire 0.45 acres of the parcel for right-of- way purposes. The County obtained an appraisal of the property indicating a value of $6,500.00. Land Value Part Taking $ 6,500.00 Estimated Value of Improvements $ -0- Total Just Compensation $ 6,500.00 The County offered $6,500.00 for the 0.45 acres of right-of-way. Mr. Izquierdo's attorney Andrew Diaz counter -offered $27,500.00 for the right-of-way. After several weeks of negotiations all parties agreed to $17,500.00 for the ROW plus attorney's fees of $3,630.00. FUNDING Funding is budgeted and available in Account No. 31521441-066120-16009 Optional Sales Tax/ROW 66th Ave/65th —83 rd RECOMMENDATION Staff recommends the Board approve the Purchase Agreement of $17,500.00 for the 0.45 acres of property located at 66th Avenue, Vero Beach, FL 32967, approve $3,630.00 for attorney's fees, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement APPROVED AGENDA ITEM FOR: August 14, 2018 167 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@F4385A58\@BCL@F4385A58.doc AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND ELBERT IZQUIERDO THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2018, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Elbert Izquierdo ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 66th Avenue, Vero Beach, FL. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 19,460 square feet or 0.45 acres of property as depicted on Exhibit "B", and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 66th Avenue, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 19,460 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $17,500.00 (Seventeen Thousand Five Hundred 00/100 Dollars) plus $3,630.00 in attorney's fees. The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have 168 approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 2 169 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor, any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 3 170 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Elbert Izquierdo 9898 SW 4th Street Miami, FL 33174-1973 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 4 171 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shalt survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 10.0 Zoning Confirmation Letter: Seller acknowledges and accepts the Zoning Confirmation Letter attached hereto, and incorporated herein as a part of this Agreement. 172 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved: Jason E. Brown, County Administrator Elbert Izquierdo Date Approved a F By: A rew Diaz, Approved as to For and Legal Sufficiency: 1A/�� ,I 1(m f William K. DeBraal, Deputy County Attorney and Legal Sufficiency: ey for Mr. Izquierdo 173 EXHIBIT "A" INDIAN RIVER FARMS CO SUB - S 10 AC OF TRACT 1 PBS 2-12 Commonly known as: 66th Avenue, Vero Beach, FL 32967 Parcel ID Number: 32-39-06-00001-0010-00005.0 174 N W+E 0 5 100. GRAPHIC SCALE EXHIBIT "B" TRACT 1 INDIAN RIVER FARMS CO.PLAT 0I PROPOSED ACQUISITION PARCEL ACREAGE = 0.45 ACRES 1 PORTION OF THE ACQUISITION PARCEL BOOK 2, PAGE 25(ST, LUCIE) 0' `� <C120' This certifies that a legal deschptlon and sketch of the property shown 'v PROPOSED RIGHT OF WAY RIGHT-OF-WAY ` PARCEL z Q Q32390600001001000005.0 1) 5 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25" ORB 674, PG 2434 Adminlstrotive Codq pursuant to Section 472.027, Florida Statutes, and k 3) NzZ d 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED i BY SURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. PARCEL 120 R/W RIGHT OF WAY w19,460 SQ.FT.m0.45 ORB OFFICIAL RECORDS BOOK �% ACRES l� zfoEAST 0 EG 98'E""' P.SM. N/}t�7Q r, 2017 U H JJll1i L< T TRACT DA M SOUTH LINE TRACT 1 1< Ucensed Surveyor and Moppet: FOOT NE PER 6 ro M< P. 6. E3. MA 78.P arae® er a� SECT. 30-2250 S.E OR ER LEGAL DESCRIPTION TRACT 11 RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 1, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 1, THENCE, BEARING NORTH 59'43'26" WEST, A DISTANCE OF 78.85 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2,917.00 FEET, A CENTRAL ANGLE OF 06'44'44", A CHORD LENGTH OF 343.22 FEET BEARING NORTH 06'41'26" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 343.42 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 10 ACRES OF SAID TRACT 1; THENCE, BEARING SOUTH 89'43'25" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 42.04 FEET TO THE NORTHEAST CORNER OF THE SOUTH 10 ACRES OF SAID TRACT 1; THENCE, BEARING SOUTH 00'32'02" WEST, ALONG THE EAST LINE OF SAID TRACT 1, A DISTANCE OF 341.08 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 19,460 SQUARE FEET OR 0.45 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. 175 . ..... ...... I ----- -----�_......- ... - — - --- LEGEND PROPOSED ACQUISITION PARCEL ACREAGE = 0.45 ACRES 1 PORTION OF THE ACQUISITION PARCEL — — — — EASEMENT LINE i THAT IS ENCUMBERED BY THE FDOT = 0.21 ACRES This certifies that a legal deschptlon and sketch of the property shown 'v PROPOSED RIGHT OF WAY RIGHT-OF-WAY ` PARCEL SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 5 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25" EAST. Adminlstrotive Codq pursuant to Section 472.027, Florida Statutes, and k 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. d 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED i BY SURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 175 . ..... ...... I ----- -----�_......- ... - — - --- LEGEND SECTION LINE y — — — — — — EASEMENT LINE i PROPERTY LINE This certifies that a legal deschptlon and sketch of the property shown 5 PROPOSED RIGHT OF WAY hereon was made under my supeMslon and that this legal dwcrfption ` PARCEL and sketch meets the standards of practice set forth by the Florida _ Board of Professional Surveyors. and Mappers In Chapter SJ -17, Florida — — RIGHT OF WAY LINE Adminlstrotive Codq pursuant to Section 472.027, Florida Statutes, and 3 P.O.C. POINT OF COMMENCEMENT that this &rowing is a true and accurate representation thereof to the 5 P.O.B. POINT OF BEGINNING best of my knvwlcdge and belief. Sub' o notes and notations shown E R/W RIGHT OF WAY hereon. s ORB OFFICIAL RECORDS BOOK �% PG PAGE l� FDOT FLORIDA DEPARTMENT OF EG 98'E""' P.SM. N/}t�7Q r, 2017 TRANSPORTATION JJll1i L< T SECT. SECTION DA M Not velid without the signature and the original raised seal of o Florida Ucensed Surveyor and Moppet: E Kimlep Horn °A� LEGAL DESCRIPTION AND SKETCH OF S+EFT NUMBER arae® er a� 7/10,17 m,xx er aFo ©� �-Hm Nm >R PARCEL 120 1 O F 1 - a�atEyg,. ELO 4agNeeaFE.SM2006 4 DUCK n=0 PROJECT NO. INDIAN RIVER COUNTY, FLORIDA tnmru: m-n�foa roe m-rw-gw nec�ear xttxx.mu 047035041 175 . ..... ...... I ----- -----�_......- ... - — - --- BOARD OF COUNTY COMMISSIONERS OFFICE OF COUNTYATTORNEY - Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney June 20, 2018 Mr. Elbert Izquierdo 12865 SW 50th Lane Miami, FL 33125-5449 Re: Parcel No. 32390600001001000005.0 66th Avenue, Indian River County Dear Mr. Izquierdo: Please accept this letter as confirmation that after the County purchases the 0.45 acres of your property to be used as right-of-way for the 66th Avenue Improvement Project, you will be able divide the remaining 9.38 acres into two legal lots consisting of more than 200,000 square feet, consistent with A-1 zoning district size and dimensional criteria. This will also confirm that you may divide the remainder parcel into two lots using a "one time lot split" without the necessity of going -through the platting process. Should you have any questions concerning this matter, please do not hesitate to contact me. Sincerely yours, William K. DeBraal Deputy County Attorney cc:. Stan Boling, Director of Community Development John McCoy, Chief of Current Development 1801271' Street, Vero Beach, Florida 32960-3365• (772) 226-1424• Fax (772) 569-4317 176 ircattorney@ircgov.com INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Alexandra Van Der Rest - 6830 69th Street, Vero Beach, FL 32967 DATE: July 17, 2018 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition forthe planned improvements of 66th Avenue between 49th Street - 691h Street. The proposed improvements include widening the existing two-lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Alexandra Van Der Rest owns a 9.08 acre horse farm which is zoned A-1. To accommodate the future planned improvements on 66th Avenue, the County needs to acquire 0.53 acres of the parcel for right-of- way purposes and a 10 foot Temporary Construction Easement. The County obtained an appraisal of the property indicating a value of $44,300.00. Land Value Part Taking $ 14,300.00 Estimated Value of Improvements $ 25,000.00 Severance Damages $ 5,000.00 Total Just Compensation $ 44,300.00 The proposed taking is estimated to consist of mostly vacant land area, but also includes the estimated value of improvements for the wooden three board decorative fencing, transplanting of decorative palms, loss of trees and landscaping, driveways and metal gates. The severance damages are estimated due to the reduction in size of the parcel, from 10 acres to 9.47 acres and forecast replacement (relocation) of the horse washdown structure further north, and an allowance fordemolition is included if necessary. The County offered $44,300.00 for the 0.53 acres of right-of-way. Ms. Van Der Rest's attorney Jennifer D. Peshke counter -offered $121,832.00 which included attorney's fees. After several months of negotiations all parties agreed to $60,000.00 for the ROW plus attorney's fees of $8,000.00. FUNDING Funding is budgeted and available in Account No. 31521441-066120-16009 Optional Sales Tax/ROW 66th Ave/65th —83 rd RECOMMENDATION Staff recommends the Board approve the Purchase Agreement of $60,000.00 for the 0.53 acres of property located at 6830 69th Street, Vero Beach, FL 32967, approve $8,000.00 for attorney's fees, and authorize the Chairman to execute the purchase agreement on behalf of the Board. 177 C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@FC2F597C\@BCL@FC2F597C.doc ATTACHMENT Purchase Agreement APPROVED AGENDA ITEM FOR: August 14, 2018 178 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F597C\@BCL@FC2F597C.doc AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND ALEXANDRA VAN DER REST THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2018, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Alexandra Van Der Rest ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 6830 69th Street, Vero Beach, FL. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the, Countyis scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 23,100 square feet or 0.53 acres of property as depicted on Exhibit "B", and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2.' Agreement to 'Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 6830 69th Street, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 23,100 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $60,000.00 (Sixty Thousand 001100 Dollars) plus $8,000.00 in attorney's fees. The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of 179 this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property' taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 2 180 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 181 8. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Alexandra Van Der Rest 6830 69th Street Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 4 182 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seiler is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 5 183 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Comptroller 13 Approved: Clerk of Court and Deputy Clerk Jason E. Brown, County Administrator Al-e-'xandra Van Der Rest Cfate Approved as to orm and Le al1Sufficiency: William K. DeBraal, Deputy County Attorney 0 184 EXHIBIT "A" INDIAN RIVER FARMS CO SUB PBS 2-12 E 20.49 AC OF TR 15 Commonly known as: 6830 69th .Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-06-00001-0150-00004.0 7 185 EXHIBIT `B" N W E S 66th AVENUE PARCEL 314 m LL O T TRACT 16 LL PARCEL 314 0 23,100 SQ.FT. C) 7p' r10TCE 0.53 ACRES O 30' - PROPOSED - - - - J 330't RIGHT OF WAY p -TRACT LINE - EXISTING RIGHT OF WAY SOUTH LINE SECTION 6 --TRADT LINE - Q M 69th STREET 100' � OF 13FJRtT ;S 56922 53"E �_�- Z w 60 30,, LEGAL DESCRIPTION TRACT 2 �- P Of �U RIGHT OF WAY PARCEL O_ Q IY Eaw THE NORTH 70.00 FEET OF THE SOUTH 100 FEET OF THE FOLLOWING DESCRIBED PARCEL AS TRACT 1 U > RECORDED IN OFFICIAL RECORDS BOOK 2720, PAGE 1060, PUBLIC RECORDS OF INDIAN RIVER W C� COUNTY, FLORIDA. LU Z THE SOUTH ONE-HALF OF THE WEST 10 ACRES OF THE EAST 10.245 ACRES OF TRACT 15, Q J SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF Q LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE (9 Z CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA; IN PLAT BOOK 2, PAGE 25; SAID LAND NOW J LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH: THE EAST 0.245 ACRES OF THE EAST 20.49 ACRES OF TRACT 15, SECTION 6, TOWNSHIP 32 d g SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY SUBDIVISION FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. o H LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID PARCEL NOW LYING AND BEING IN �, g 0 7.00' 400' INDIAN RIVER COUNTY, FLORIDA. z_ Zm INDIAN RIVER FARMS CO. PLAT BOOK 2, PAGE 25 F - w (ST. LUCIE) z F TRACT 15 N a 32390600001015000004.0 IY ORB 2720, PG 1060 N W E S 66th AVENUE PARCEL 314 m LL O T TRACT 16 LL PARCEL 314 0 23,100 SQ.FT. C) 7p' r10TCE 0.53 ACRES O 30' - PROPOSED - - - - J 330't RIGHT OF WAY p -TRACT LINE - EXISTING RIGHT OF WAY SOUTH LINE SECTION 6 --TRADT LINE - Q M 69th STREET 100' � OF 13FJRtT ;S 56922 53"E �_�- Z w 60 30,, LEGAL DESCRIPTION TRACT 2 �- P Of �U RIGHT OF WAY PARCEL O_ Q IY Eaw THE NORTH 70.00 FEET OF THE SOUTH 100 FEET OF THE FOLLOWING DESCRIBED PARCEL AS TRACT 1 U > RECORDED IN OFFICIAL RECORDS BOOK 2720, PAGE 1060, PUBLIC RECORDS OF INDIAN RIVER W C� COUNTY, FLORIDA. LU Z THE SOUTH ONE-HALF OF THE WEST 10 ACRES OF THE EAST 10.245 ACRES OF TRACT 15, Q J SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF Q LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE (9 Z CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA; IN PLAT BOOK 2, PAGE 25; SAID LAND NOW J LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH: THE EAST 0.245 ACRES OF THE EAST 20.49 ACRES OF TRACT 15, SECTION 6, TOWNSHIP 32 d g SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY SUBDIVISION FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. o H LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID PARCEL NOW LYING AND BEING IN �, g 0 7.00' 400' INDIAN RIVER COUNTY, FLORIDA. CONTAINING 23,100 SQUARE FEET OR SCALP. 200' 0.53 ACRES, MORE OR LESS. GR"HIC LEGEND >` 1 calit SECTION LINE it - - EASEMENT LINE ores cctltles that a legal descrfptfm and sketch of the property shown SURVEYORS NOTES PROPERTY LINE hereon was mode und- my supoWWM and that this legal dssc*tkn and sketch meets the standards of pmctice set forth by the Florfda �6 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. - - PROPOSED RIGHT OF WAY DEDICATION RIGHT OF WAY UNE goord at Protesslanal Sli-.Fars and Mappers In Chapter 5J-17, Randa Adminl f,.flVv Coda pursuant to Sectlan 472027, Randa Statute; and that Mh dmwing Is a byre and ae-ale rep—tuUm thereof to the ¢ 2) THE BEARING BASE FOR THIS SURVEY, IS THE SOUTH LINE OF SECTION P.O.C. POINT OF COMMENCEMENT best of my knowledge and bdlef. Subject to notes and notot/ans shown hereon. O 6. SAID LINE BEARS SOUTH 8922'53" EAST. P.O.B. POINT OF BEGINNING !f'-- 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING R/W RIGHT OF WAY REPRODUCTION PROCESSES. ORB OFFICIAL RECORDS BOOK EG Da Emz P.SM. NR 51794) THIS DRAWING IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR PG PAGE (--)r166TH mil AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS TCE TEMPORARY CONSTRUCTION EASEMENT Dale.-3- Not wttd without the signatureand the arlglno/ mhed seal ofa Banda DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. isd surveyor and mapper. I)mhg nam¢ K:\VR0, %rvuykjN01AN FEVER C0\66TH AVERUE\2017-0112 — Re %.d Por IRC\PARCEL 314—R.dny 314 Mor 20, 2017 20.ym by: ahrpw CONSENT INDIAN RIVER COUNTY, FLORIDA p MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: 26th Street — Advance Acquisition of Right -of -Way 583626 1h Street, Vero Beach, FL 32966 Owner: Faye Knight Coffman DATE: July 23, 2018 DESCRIPTION AND CONDITIONS Faye Knight Coffman owns a 0.53 acre parcel of property located at 5836 26th Street, Vero Beach, FL 32966. Staff was recently approached by Ms. Coffman who wants to sell the property. The subject property was built in 1954 and is zoned RS -3 Single -Family Residential District, up to three units/acres. As part of the Indian River County Comprehensive Plan's five-year Capital Improvement Element, the widening of 26th Street to four lanes between 58th and 66th Avenues, is included and allocates funds for the purchase of right-of-way. This parcel is located on the northeast corner of 58th Court and 26th Street and due to right of way needs for the project, acquisition of the parcel is warranted. The County obtained an appraisal of the property indicating a value of $165,000.00. The County offered $165,000.00 to purchase the property. After a few weeks of negotiations all parties agreed on $175,000.00 purchase price. FUNDING Funding for this expenditure is available from Acct #10215241-066120-16006 Traffic Impact Fees/ROW/26th Street/58th Ave to 66th Ave. RECOMMENDATION Staff recommends the Board approve the Purchase Agreement for the 0.53 acres of property located at 583626 th Street, Vero Beach, FL 32966, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement APPROVED AGENDA ITEM FOR: August 14, 2018 187 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@F438E46B\@BCL@F438E46B.doc AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND FAYE KNIGHT COFFMAN THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2018, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Faye Knight Coffman ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 5836 26th Street, Vero Beach, Florida 32960. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing right-of-way for future expansion of 26th Street; and WHEREAS.in order to proceed with road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to 26th Street; and WHEREAS, the County was contacted by the Seller to purchase the parcel of approximately 0.53 acres of property as depicted on Exhibit "A", and WHEREAS, the County is currently purchasing property/right-of-way from willing sellers: and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 5836 26th Street, Vero Beach, Florida and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 0.53 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $175,000.00 (One Hundred and Seventy -Five Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 10 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement; Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor 189 any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1, The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 190 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Faye Knight Coffman 5836 26th Street Vero Beach, FL 32966 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. 191 The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement maybe executed in two or more counterparts, each one'of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 192 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller L2 Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. beBraal, Deputy County Attorney Faye Knight Coff an Date 193 EXHIBIT "A" PINE-METTO PARK - LOT 22, LES S RNV PBI 3-87 Commonly known as: 5836 26th Street, Vero Beach, FL 32960 Parcel ID Number: 32-39-32-00007-0000-00022.0 194 CONSENT: 8/14/2018 Office of -e S INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney p-4� DATE: July 23, 2018 SUBJECT: Resolutions Cancelling Taxes on Properties Acquired by Indian River County for Public Purposes The following properties have been acquired by Indian River County; and Resolutions are presented for the purpose of cancelling any delinquent or current taxes which may exist on these properties where a public purpose is planned: 1. Property purchased from Fischer Family Partnership, LLC and fully described in that certain Warranty Deed recorded in Book 3078, Page 2003 of the Public Records of Indian River County, Florida for 66' Avenue right-of-way. 2. Property purchased from Karen S. Beck and Scott Beck and fully described in that certain Warranty Deed recorded in Book 3110, Page 96 of the Public Records of Indian River County, Florida for 60h Avenue right-of-way. 3. Property purchased from Sandra Smith Lambert and Cynthia Gail Stenroos and fully described in that certain Warranty Deed recorded in Book 3116, Page 1215 of the Public Records of Indian River County, Florida for right-of-way for future widening of 26th Street. 4. Property purchased from Keith Taig and fully described in that certain Warranty Deed recorded in Book 3120, Page 254 of the Public Records of Indian River County, Florida for 61" Street right-of-way with regard to 66th Avenue road widening. 5. Property donated by Harrington Group II, LLC, a Florida limited liability company and fully described in that certain warranty deed recorded in Book 3120, 195 Page 547 of the Public Records of Indian. River County, Florida for 41 st Street right-of-way. Property purchased from Thomas Reno and fully described in that certain Warranty Deed recorded in Book 3125, Page 1598 of the Public Records of Indian River County,. Florida for 49th Street right-of-way. 7. Property dedicated by Jeffrey R. Smith, Clerk of Circuit Court and Comptroller of .Indian River County, having an address of 303 8th Avenue, S.W. and fully described in that certain Quitclaim Deed recorded in Book 3126, Page 2060 of the Public Records of Indian River County for future access and/or stormwater purposes. FUNDING: There are no costs associated with this item. RECOMMENDATION• Authorize the Chairman of the Board of County Commissioners to execute the seven Resolutions to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. 11 /nhm Attachments: 7 Resolutions cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser 2 196 purchase of right-of-way along 66th Avenue from Fischer Family Partnership, LLC RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing -such lands and setting forth the public use to which the same are or will be devoted;.and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 197 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and .all liens for taxes delinquent or current against the following described lands, which were purchased from Fischer Family Partnership, LLC, for 661h Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3078 at Page 2003, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 198 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller in Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ {- APPROVED AS TO FORM ANS L AIX 10 BY VVILUAM K. DE DEP TY C{ LINTY A?'"i ORNEY 3 199 3120170072667 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER COFL BK: 3078 PG: 2003,12/18/201712:33 PM D DOCTAX PD $329.00 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 47083567 Property Appraisers Parcel Identification (Folio) Number: 32-39-05-00001-0030-00002/0 (a Portion of) Florida Documentary Stamps in the amount of $329.00 have been paid hereon. Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the day of December, 2017, by Fischer Family Partnership, LLC, a Florida limited liability company, whose post office address is P. O. Box 780068, Sebastian, Florida 32978, herein called the Grantor, to Indian River County, a political subdivision of the State of Florida, whose post office address is 1801 27th Street, Fero Beach, Florida 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals. and the successors and assigns ojcorporatiwu) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of Ten and 00/100 (510.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: Right of way Parcel All that certain piece, Parcel or Tract of land situate, lying and being a portion of Tract 4, Section 5, Township 32 South, Range 39 East, according to the last general Plat of lands of the Tndian River Farms Company as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida; said lands being more particularly described as follows, to wit; Beginning at the Southwest corner of the North 20 acres of said Tract 4, Thence, bearing North 00 degrees 32 minutes 02 seconds East, along the West line of said Tract 4, a distance of 682.85 feet to a point on the South right of way line of 77th street; Thence, leaving said West line, bearing South 89 degrees 50 minutes 32 seconds East, along said South line, a distance of 17.40 feet to a point; Thence, leaving said South line,.bearing South 00 degrees 32 minutes 02 seconds West, a distance of 682.85 feet to a point on the South line of the North 20 acres of said Tract 4; Thence, bearing North 89 degrees 50 minutes 32 seconds West, along said South line, a distance of 17.40 feet to a point. File No.: 47OU567 1.h 200 BK: 3078 PG: 2004 Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever_ AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of State of Florida County of Indian River Fischer Family Partnership, LLC, a Florida limitedlipitity com any By. (/Cilc (Seal) Henry A. Fischer, Manager The foregoing instrument was acknowledged before me this day of December, 2017, by Henry A. Fischer, Manager of Fischer Family Partnership, LLC, a'Florida limited liability company who is personally, known to me or has produced QLD as identification, SEAL =,,JASONSON A. BEALlylyblic - State of Floridasion # GG 017550 . Expires Oct 11, 2020 ugh National Notar Assn ssn. File No.: 47003567 INO I�74r--_- Printed Notary Name r.rF 201 BK: 3078 PG: 2005 N W—*E i 1 0 S tar GRAPHIC SCALE L �1 90' 77th STREET 32 5 a� 7 17.40' S89'50'32'E r 6 NORTH UNE OF THE NORTH 20 ACRES � LEGEND TRACT 4 I� ro i i a( I O z SECTION UNE ; o ¢ 1� �m�m -- — EASEMENT UNE o LU I1�v`� PROPERTY UNE W. oate4s that a byd dosarpyan and ek�tah of Me paps-ty shorn PROPOSED RIGHT OF WAY 32390500001003000002.0 L m z i' ORB 2287, PG 147 i _ RIGHT OF WAY UNE AaMhAbvBro Cod4 paanont to S -d- 472027, ftd* Stetutm4 and s P.O.C. POINT OF COMMENCEMENT yet Mr. okvahp Po o bv. and eoaurot. 4--totr. f to Me J Q P.O.B. POINT OF BEGINNING z a R/W RIGHT OF WAY ro. ORB OFFICIAL RECORDS BOOK C a U J PG PAGE FDOT FLORTRANIDA ENT OF EG 01rJcm?. PSM, NR SI7D � i a � EX W (a g a �) SECT. SECTION PARCEL 123 QLk --d S-- and M s. J Klmle}/�»Horn 0.27 ACRES 30.J- ( 0.J - DESCRIPTION AND SKETCH OF ww"`biA°` 50 50--- 50 7/107 I w . PARCEL 123 1 OF 2 n o W z >ar l..o.oa re.e.00.>4.� 'a m ps'° io co TRACT 4 to INDIAN RIVER FARMS CO. { > 4 _Z 047035041 PLAT BOOK 2, PAGE 25 %ST. LUCIE) �I W J 1 F�a�in H SOUTH UNE OF THE NORTH 20 ACRES TRACT 4 NORTH UNE OF THE SOUTH 17.11 ACRES TRACT 4 7u= 02 " LEGEND SECTION UNE — -- — EASEMENT UNE PROPERTY UNE W. oate4s that a byd dosarpyan and ek�tah of Me paps-ty shorn PROPOSED RIGHT OF WAY harem roe mote under my elrperNefon and Met 0& 1"d deeclpNen a s PARCEL and .ketch meets Me etmdads of prectice set hrM by the norido Beard of Preh+dmd &mr ws and Mappers h Qkptr 54-17, R.*:b g _ RIGHT OF WAY UNE AaMhAbvBro Cod4 paanont to S -d- 472027, ftd* Stetutm4 and a P.O.C. POINT OF COMMENCEMENT yet Mr. okvahp Po o bv. and eoaurot. 4--totr. f to Me P.O.B. POINT OF BEGINNING best of my k—f dge and baffef. Sob/eet to notou-. +boo herwn. R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK C PG PAGE FDOT FLORTRANIDA ENT OF EG 01rJcm?. PSM, NR SI7D SPORTATION JUL 2 4 2017 SECT. SECTION DATE Not -W dMout the dpnoture OW the oridbrd roped sed of o nor'V7 QLk --d S-- and M s. Klmle}/�»Horn LEGAL DESCRIPTION AND SKETCH OF ww"`biA°` a� R awsl n 7/107 . PARCEL 123 1 OF 2 tev e®n era >ar l..o.oa re.e.00.>4.� 'a m ps'° "10J1M06 INDIAN RIVER COUNTY, FLORIDA .nr,aar-Iloeamn 047035041 7u= 02 purchase of right-of-way for 66th Avenue from Karen S. Beck and Scott Beck RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 203 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to .carry out the provisions of section 196.28, F.S.; NOW, THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from Karen S. Beck and Scott Beck, for 66th Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3110 at Page 96, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 204 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller in Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO FORM AND LEEGAL'ZUFFIC ENCY .y&-4-' F &-'{ -', -i V'ylLLIA7R K1. DEBRAA.L DEPUTY COUNTY ATTORNEY 3 205 3120180024350 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 311.0 PG: 96, 4/23/2018 9:10 AM, D DOCTAX PD $108.50 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.. 48083683 Property Appraisers Parcel Tdentification (Folio) Number: 32-39-05-00001-0040-00004/0 Florida Documentary Stamps in the amount of $108.50 have been paid hereon. Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the-! " Tay of April, 2018, by Karen S. Beck, joined by Scott Beck, her husband, whose post office address is 7580 66th .Avenue, Vero Beach, FL 32966, herein called the Grantor, to Indian River County, a Political Subdivision of The State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said .land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and.hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is tree of all encumbrances, except taxes accruing subsequent to December 31, 2017. Filc No.: 18083683 r.rn 206 BK: 3110 PG: 97 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above xTitten. Signed, sealed and delivered in the presence of: iir3�!�'� Karen S. Be*ck �a`' i.s- - - # ig State of Florida County of Indian River The foregoing instrument was acknowledged before me this day of April, 201 Beck, joined by Scott Beck, her husband, who is personally known to me or has produced as identification. /'� --7 SEAL My Commission Expires: [440jLQ'-%* ROSEMARY VIGLIANO My COMMMION 0 PF231947 EXPIRES: May 17, 2019 File No.: 48083683 Ln' 207 BK: 3110 PG: 98 S%KTE OF F — THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF {'HE ORIGINAL ON FILE IN THIS OFFICE - 1 aV EFFR Y R 91,t�iyCL p�n Y/JI t o.c. „ LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 4 SECTION 5 TOWNSHIP 32 SOUTH RANGE 39 EAST ACCORDING TO THE Wt .GENERAL KAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN. PLAT BOOK 2,_ _PAGE 2S OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, Tb WIT; BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 17.11 ACRES OF SAID TRACT 4, THENCE, BEARING SOUTH 8950'32' EAST, ALONG THE NORTH LINE OF SAID SOUTH 17.11 ACRES OF TRACT 4, A DISTANCE OF 17.40 FEET TO A POINT; THENCE, LEAVING SAID NORTH LINE, BEARING SOUTH 0032'02' WEST, A DISTANCE OF 99.00 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY - HAVING A RADIUS OF 3,073.00 FEET, A CENTRAL ANGLE OF 06'08 01 , A CHOkD LENGTH OF 327.02 FEET BEARING SOUTH 033504' WEST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 327.18 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 4; THENCE, BEARING NORTH 0032b2' EAST, NON—TANGENT TO LAST DESCRIBED CURVE ALONG SAID WEST LINE, A DISTANCE OF 425.46 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 5,512 SQUARE FEET OR 0.13 ACRESS,, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE d d 3 n 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY, 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST UNE OF SECTION 6. SAID LINE BEARS NORTH 00'32'02" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4 THIS LEGAL DESCRIPTION AND. SKETCH IS BASED ON THE PREUMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOGATES, DATED 10-10—D6, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA, om Kimley Horn . 7-0/1, LEGAL DESCRIPTION AND SKETCH OF xsI w..mono, rn PARCEL 122 2 DF 2 INDIAN RIVER COUNTY, FLORIDA 047033041 ...._._...._.....---.....,.._-____----__.__—_.._..._..__.___.....__•-__...-_._�..w,.-......... _...._,• 208 BK: 3110 PG: 99 N W E o S tom OR"WCSCMZ 1. i EXHIBIT A 32380500001004000004.0 ORB 2238, PO 2458 TRACT 4 PUT BOOKR2F PAGE 2255 (S7. LLCYE) CURVE TABLE CURVE I LENGTH RADIUS ANGELA CHORD BEARING DELTA SECTION UNE Cl 327.18 3073.00 183.74 327.02 105 ,05,01 — +S ' SO&f t 2011NOF THE �S 4g'. NORTH A�� PROPERTY UNE 7 S89 O` YE 7RACT P. .B. NORTH UNE OF THE "mft w and tdvt Nb logo d..ubam Tia,. SOUTH 17.11 ACRES 2� S TRACT 4 Q I- sd 1 '4OlePARCEL.122 R..,I 32380500001004000004.0 ORB 2238, PO 2458 TRACT 4 PUT BOOKR2F PAGE 2255 (S7. LLCYE) ...,.... ,.,..,......,...,......_..w..�T4:.�.,.........................�:�. ....... 209 G ND SECTION UNE — — EASEMENT LINE = PROPERTY UNE tbb OWWN . and mWeft o1 M. prcprty h.m PROPOSED RIGHT OF WAY "mft w and tdvt Nb logo d..ubam PARCEL pr e .sot kVl 87 M+R.rdu Bead of Protantoed Sa'rgvi and WWb pre t7nphr Oi-il, Rano — — RIGHT OF WAY TJNE AftbbbvtM 0 -do. pwumt tv 5w5m 47Z=7, AafN. Stetuh4 and P.O.C. POINT OF COMMENCEMENT Mot M► d.i b a b— ' -d ma.vt. t�pt...n M—f t. N. bort d W k,..(.dov me bdbL AbJmt w ved mt.Kmv .hv.n P.O.B. POINT OF BEGINNING nrear R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE FOOT FLORIDA ENT OF ee tlates� vstaga m7o JUL 2 4 2017 SECT. SECTION ot>D Nat add dM—t 6. V—t— and M. wVOd ,vbw ..W .t a R.*b R tJo. d and Mqp— KimleyoHom 7*A't LEGAL DESCRIPTION AND SKETCH OF A" PARCEL 922 1 OF 2 E v.as n �. ... w.rs 1.eR. v.vsawt n ao PtID,ELT ttC INDIAN RIVER COUNTY, FLORIDA ...,.... ,.,..,......,...,......_..w..�T4:.�.,.........................�:�. ....... 209 purchase of right-of-way for future widening of 26th Street from Sandra Smith Lambert and Cynthia Gail Stenroos RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 210 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from Sandra Smith Lambert and Cynthia Gail Stenroos, for 26th Street right-of-way in connection with the future widening of 26th Street, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3116 at Page 1215, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner. Tim Zorc 2 211 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller M Deputy Clerk Tax Certificates Outstanding ✓ APPROVED AS TO FORM Yes No AND L AL SUI; F0 I CY Current Prorated Tax Received /_ h b M and Deposited with Tax Collector $���, W -W 1KM K. DEBRAAL DEPUTY COU14TYATTORNEY 3 212 3120180029601 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3116 PG: 1215,5/14/2018 3:18 PM D DOCTAX PD $1,400.00 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 48083837 Property Appraisers Parcel Identification (Folio) Number: 32-39-32-00001-0160-00007/0 Florida Documentary Stamps in the amount of $1,400.00 have been paid hereon. Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the 1qday of May, 2018, by Sandra Smith Lambert and Cynthia Gail Stenroos, whose post office address is 321 Del Rio Boulevard, Boca Raton, FL 33487, herein called the Grantors, to Indian River County, a political subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns ofcorporations) W I T N E S S E T H: That the Grantors, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz: The South 1/2 of the South 1/2 of the East 10 acres of Tract 16, Section 32, Township 32 South, Range 39 East, INDIAN RIVER FARMS CO SUB, according to plat thereof as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida. LESS road right of way as set forth in Deed No. 408, as affected by Quit Claim Deed recorded in O.R. Book 260, Page 139, Public Records of Indian River County, Florida. The Grantor herein warrants and avers that Grantor does not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of Grantor's family dependent upon Grantor for support. Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. File No.: 48083837 L7F 213 BK: 3116 PG: 1216 IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in ffie presence of: A�C3U4 �S'y Witness #1 Signature Wit s #1 Printed Name �— W' ss #2 Si nature b 4+,-J C . K'q- C27AA R Q�1L Witness #2 Printed Name 044- 'iLt 44d (Seal) Sandra Smith Lambert _ Sea ) Cy lia GailStet os State of Florida Countyof / The foregoing instrument was acknowledged before a this 6 Uday of May, 2018, by Sandra Smith Lambert and Cynthia Gail Stenroos, ho are personally known o me or have produced as identification. SEAL Notary Public Printed Notary Name My Commission Expires: R tJCY1RES: January 17, 2019 Pile No.: 48083837 Lrn 214 purchase of 61st Street right-of-way with regard to 66th Avenue road widening from Keith Taig RESOLUTION NO. 2018- A 'RESOLUTION OF INDIAN RIVER COUNTY; - FLORIDA, CANCELLING TAXES XES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the .Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the .same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 215 RESOLUTION NO. 2018-. to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from Keith Taig, for 618t Street right-of-way with regard to 66th Avenue road widening, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3120 at Page 254, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 216 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 0 Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding APPROVEDA S TO FORM Yes No AND LEGAL.fi9 ICI ICY Current Prorated Tax Received e , T and Deposited with Tax Collector $ tiv«U ;jW x. DEBR AL OEPUTYCO1. NTYAWORNEY 3 217 3120180032519 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3120 PG: 254,5/M/2018 4:36 PM D DOCTAX PD $49.00 This Instrument Preparedbyand Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 48083893 Property Appraisers Parcel Identification (Folio) Number: A portion of 32 39-07-00001-0150-00003/2 Florida Documentary Stamps in the amount of $49.00 have been paid hereon. Space above this line for Recording Data WARRANT' DEED THIS WARRANTY DEED, made they day of May, 2018, by Keith Taig, a single man, whose post office address is 6886 61st Street, Vero Beach, FL 32967, herein called the Grantor, to Indian River County, a Political Subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 329670, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee' include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of Ten and 00/100 (Sl 0.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: RIGHT OF WAY PARCEL THE NORTH 50 FEET OF THE SOU'T'H 80 FEET OF THE EAST 92 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1391, PAGE 1299, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE EAST 10 ACRES OF THE EAST 20 ACRES OF TRACT 15, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPT THE EAST ONE- HALF, THEREOF. Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever_ AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and law iitl authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. File No.: 48083893 I.TF 218 BK: 3120 PG: 255 IN WITNESS WTIEREOF, the said Grantorhas signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witn ignature 01 Witness nted Name Witness 7#2 Si azure i Witness #2 Printed Name State of Florida County of Indian River (Seal) Keith Taig The foregoing instrument was acknowledged before me this 2:3day of May, 2018, by Keith Taig, who is personally known to me or has produced /04-- as identification. SEAL My Commission Expires: JASO:A. EAT. Notary Publie of Florida Commissia017550 OF'Ay Comm. Exct 11, 2020 "", Bonded through Notary Assn. File No.: 48083893 Printed Notary Name tts 219 EXHIBIT "B" NOIA14 LEGAL DESCRIPTION THIS 7S N RIGHT OF WAY PARCEL A TRUE f THE.o!q THE, NORTH So FEET OF THE. SOUTH 80 FEET OF -THE'EAST 92 FEET OF w E FOLLOWING. DESCRIBED. PARCEL AS RECORDED .10 OFFICIAL: RECORDS BOOK 1391,P.Adt.12.9'9. PUBLIC RECORDS OF INDIAN :RIVER COUNlYj' gy FLORIDA. A-rE s THE EAST 10 ACRES OF THEf-AST 20 ACRES. OF TRACT 15, SECTION 7. O lw 2w TOWNSHIP 32 SOUTH, RANGE 39 EAST. ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN .mm 6wwmd PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS'Of .ST.. .LUCIE COUNTY. INDIAN. ':RIVER GRAPMCSCALBIW FLORIDA; LESS AND EXCEPT- THE EAST ONF-_HALF, THEREDF. CONTAINING. 4601 'SQUARE FEET OR 0.11 ACRES, MORE OR LESS. PLAT BOOK. (ST,- L SUBJECT TO ALL RESOICTIONS RESERVATIONS. A8ANDO4MlEJSIT'S, TRAC! EASEMENTS AND RIGHTS OF WAY OF RECORD. Zwu)lujto - Z- 3239070=1015000003.2 PARCEL 300 :3 _—j ORB 1391, PG 1299 4,6011 SC.FT. 0.11 ACRES q 'E 0* EyjsllkG RAW LINE -A R VA-- LJNE BASIS OF BEARINGS Rng'05ot 1490.92' TRACT UNE EXISTING A/ - SOU7"-GNE SECTION 7 �W LINE t. STREET` TRACT 2 VACT .SURVEYORS - NOTES 1) THIS, IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A 9OU90ARY RETRACEMENT SURVEY. LEGEND 2) THE BEARING BASE FOR THIS SURVEY, IS THE SOUTH LINE OF SECTION 7. SECTION u EASEMENT SAID LINE BEARS SOUTH 66'59'05" EAST PROPERTY 3) THE SCALE OF VIS :DRAINING MAY HAVE BEEN DISTORTED DURING PROPO M: 49X. PARCEL. REPRODUCTION* PROCESSES.' RIGHT OF P.O.C. POINT OF 4)- THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY P.O.B. POINTOF I RIGHT OF WAY MAP FOR 66TH' AVENUE PREPARED BY BURDETTE AND R/W RIGHT OF I ASSOCIATES, DATED 10-10-05, AS DIRECTED BY INDIAN RIVER COUNTY, ORB OFFICIAL R 'k0PJDA. PO PAGE Onnft rxwrm *\VW—*Arwt 220 dedication of right-of-way along 41st Street by Harrington Group II, LLC, a Florida limited liability company RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 221 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were dedicated by Harrington Group II, LLC, a Florida limited liability company, for 41St Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached warranty deed describing lands, recorded in .O.R. Book 3120 at Page 547, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 222 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 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 Tax Certificates. Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $— APPROVED AS TO FORM. ANIS �"AL I�IC NCY eDEPUTY COUNTY ATTORNEY NiILLlAaA fr:. D�B�hF.L 3 223 120180032615 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL IK: 3120 PG: 547,5/2912018 9:35 AM D DOCTAX PD $0.70 cutout from Tax Parcel I.D. 32-39-26-00000-3000-00046.0 THIS INDENTURE, made this 16*day of Aa"/ , 2018 between HARRINGTON . GROUP 11, LLC, a Florida limit6d liability company, whose mailing address is 4045 62nd Avenue, Vero Beach, Florida 32966, hereinafter called GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. WITNESSETH: That GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following described land, situate, lying and being in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed, sealed and delivered in the presence of: signature: A__� printed name: signature: wkotox�e printed name: signatur . �✓ printed name: AN - . oi ►. COUNTY ATTORNEY'S OFFICE INDIAN RIVER COUNTY 1801 27th Street Vero Beach, Florida 32960 HARRINGTON GROUP 11, LLC, a Florida limited liabilityVICompany By Christopher Harrington Member B Y Ericka Harrington Member APPROVED AS TO FORM AND LEGAL SUFFICIENQY BY W�LLiA K.OEBfiAAL OCPUTY COUNTY A('TOftNEY 224 :K: 3120 PG: 548 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this -F�La� day of 2018, by Christopher Harrington, a Manager of Harrington Grouo 11, LLC, a Florida limited liability company, who executed on beh 1f�of and with the authority of said limited liability company. He is ers�Tia y M65 o me or has produced as Iden i i . SEAL: Noury Public stag of FWioa Anne Valenda My Commisdon 00 148098 i6Fe� E)Vrasotu0snaz0 STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTARY PUBLIC "- 1�� LyN printed name: Commission No.: i6t WpQ S Commission Expiration: Q IrT- The foregoing instrument was acknowledged before me this day of 2018, by Ericka Harrington, a Manager of Harrington Group 11, LLC, a Florida limited liability company, who exe mai f and with the authority of said limited liability company. Sh . personally know to me or has produced as identifica SEAL: R Notary Public state- or Fronds Anna ValenciaIN 011 Mycommission GG !48098 Expire. 09!05/4020 NOTARY PUBLIC printed name: Commission No.: 6e� �&41� Commission Expiration: �tqao 225 IK: 3120 PG: 549 SKETCH 81 DESCRIPTION SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST 10.00' ADDITIONAL ROAD RIGHT OF WAY LEGAL DESCRIPTION: SHEET I OF 2 NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 THE SOUTH 10.00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2948, PAGE 1115 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA, LYING IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 26; THENCE N89'54'41"E ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 26 A DISTANCE OF 650.00 FEET; THENCE NOO-02.08"E PARALLEL TO THE WEST LINE OF THE SAID NORTHWEST 1/4 OF SECTION 26 A DISTANCE OF 25.00 FEET TO THE CURRENT NORTH RIGHT OF WAY LINE OF 41ST STREET AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE CONTINUE N00'02'08"E A DISTANCE OF 10.00 FEET; THENCE N89'54'41 "E PARALLEL TO THE SAID SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 26 A DISTANCE OF 175.00 FEET TO AN INTERSECTION WITH THE CURRENT IRREGULAR RIGHT OF WAY LINE OF 41ST STREET; THENCE S00'02'08"W ALONG SAID IRREGULAR RIGHT OF WAY LINE A DISTANCE OF 10.00 FEET TO THE CORNER OF SAID IRREGULAR RIGHT OF WAY LINE OF 41ST STREET; THENCE 589'54'41 "W ALONG THE CURRENT NORTH RIGHT OF WAY LINE OF 41ST STREET A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING. CONTAINS 1750 SQUARE FEET OR 0.04 ACRES MORE OR LESS. SURVEYORS NOTES: 1.) BEARINGS BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF NORTHWEST 1/4 OF SECTION 26-32-39 BEARS N89'54'41"E. DRAWING NO.: 17-294R/W PREPARED FOR: CHRIS HARRINGTON 0 >$IORA,L SUfi11/.E=M;AND MAPPEER' IN RESPONSIBLE CHARGE TEVE CARTECHIj�1 FLORIDA CERTIFICATE NO. 4895 :(:!E9TIFlCATe OF AUTHORIZATION #LB 7545 jE: Z DJ "'.. VATE OF SIGNATURE NOT VA�io,-.UNLESS SIGNED AND SEALED PREPARED BY: INDIAN RIVER SURVEY, INC. ADDRESS: 1835 20TH STREET, VERO BEACH, FLORIDA 32960 PHONE: (772) 569-7880 226 X: 3,120 PG: 550 � ^� SKETCH & DESCRIPTION SECTION 26, TOWNSHIP 32 SOUTH, RANGE JS [AST 10.00' AD0ll 'AL ROAD RIGHT OF WAY SHEET 2OF 2 | NOT VALID WITHOUT THE LEGAL. � DESCRIPTION ON SHEET 1 OF 2 THIS IS NOT A SURVEY PorAIT op commENCEMEArr SW CORNER OF MEs,o* OF THE NW 114 OF SEC77ON 26—J2—J9 PREPARED BY: INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING DRAWING NO.: 17-294R/W 227 f� PARCEL cc PARCEL 32392600000300000046. 0 (ORO 2944 PC 1115) Al POINT OF N89*54'41'E 175.00' 71 00. CORNER OF IRREGULAR RIGHT Of' WAY UNE 25.00- N5954'411E 650.00' 41 ST STREET SOU774 LINE OF THE NW 114 OF SEC77ON 26—J2—J9 50' RIGHT OF WAY (OPEN) (RIGHT OF WAY WDTH VARIES) PorAIT op commENCEMEArr SW CORNER OF MEs,o* OF THE NW 114 OF SEC77ON 26—J2—J9 PREPARED BY: INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING DRAWING NO.: 17-294R/W 227 f� purchase of right-of-way along 49th Street from Thomas Reno RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 228 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from Thomas Reno, for 49th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3125 at Page 1598, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 229 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 32 Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO FORM. AND LEGAL SUFE C1 CY' 1Y /4 WILLiA.lt, i,. DE RAAL DEPUTY COUNTY As TORNEY 3 230 3120180037161 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3125 PG: 1598,6118/2018 9:04 AM D DOCTAX PD 889.60 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 46082515 Property Appraisers Parcel Identification (Folio) Number. A Portion of 32-39-22-00000-7000-0000110 Florida Documentary Stamps in the amount of $89.60 have been paid hereon. Space above this line for Recording Data WAR"NTYDEED THIS WARRANTY DEED, made the day of June, 2018 by Thomas Reno, whose post office address is 1340 Poitras Drive, Vero Beach, FL 32963, erein called the Grantor, to Indian River County, a politieW subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the hens, legal representatives and assigns of individuals. and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of Ten and 00/100($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Grantor herein warrants and avers that Grantor does not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of Grantor's family dependent upon Grantor for support. Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. File No.: 46082515 231 BK: 3125 PG: 1599 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above u7itten. itc (Seat) Thomas Reno State of Florida County of Indian River The foregoing instrument was acknowledged before me this day of June, 2018, by Thomas Reno, who is personally known to, me or has produced / lk— - as identification. SEAL Notary Public Printed Notary Name My Commission Expires_ :" > JASON A. ` BEAT 001. Noiar Y Public • F: ` ate of Florida Co -mmiss°.,rt H GG 017550 Commp es Oct11 Ex if 2020 EondeA tt,i Notary Assn. File No.: 46082515 UP 232 BK: 3125 PG: 1600 Exhibit "A" LEGAL DESCRIPTION PARCEL 104 (15 FOOT RIGHT OF WAY ACQUISITION) A PORTION OF THOSE LANDS LYING IN SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2547, PAGE 2134, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER, OF THE SOUTHEAST QUARTER, OF SAID SECTION 22; THENCE RUN SOUTH 00 DEGREES 00 MINUTES 29 SECONDS WEST, ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 25.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF 49TH -STREET PER PLAT BOOK 10, PAGE 15, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 00 DEGREES 00 MINUTES 29 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 15.00 FEET; THENCE DEPARTING SAID EAST LINE RUN NORTH 89 DEGREES 59 MINUTES 31 SECONDS WEST, PARALLEL WITH SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 284.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 28TH COURT, PER PLAT BOOK 3, PAGE 53, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NORTH 00 DEGREES 00 MINUTES 29 SECONDS EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 15.00 FEET TO A POINT ON THE AFORESAID SOUTH RIGHT OF WAY LINE OF 49TH STREET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, RUN SOUTH 89 DEGREES 59 MINUTES 31 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 284.00 FEET TO THE POINT OF BEGINNING. File No.: 46082515 cn 233 11 i SKETCH OF DESCRIPTION: PARCEL 104 (16 FOOT R` HT OF WAY AC4UISMON) 0 16 40 so • _ � GRAPHIC SCALE. (i" 40') I FIE' alp §E 1/4, 49th STREET in S89059'3I "E (PLAT BOOK 10, PG 1.5) $ 284.00' � P.O.B. N00'0D'29'E7,\ C ! 15.00'{#4,28o so. FT. �,.• N 9'89 �{{ W S00'0O'29'WV l 284.00' �I 15.00' 0 - z' I THOMAS RENO w a P.I.D. No. n W 2-39-22--00000-»i000-OOOOi, 0 co SITE. ADDRESS: 2785 49TH ST IL O.R.8, 2547, PG. 2134 i THIS IS NOTA BOUNDARY SURVEY SKETCH TO ACCOMPANY VGAL DESCRIPTION PREPARED FOR INDIAN RWR COUNTY ENGINEERING DEP WT elrEx coam• . 0 ip ow AVAW COWVTY 0Tl S TtpN , ?? 3'IISk %t f� OF DESIE9P1MON Q 1801 2flb. L * YE80 BCAgf, Ft. 3lY00 g� drOR /i1?1 R11'f_NfeM f.M..r�1 � � ._ _ �._ .._ • _ . _ _ � _ �. r �.hwi.0 • w dedication of Lot 26, Block 15, Whispering Palms, Unit V (303 80, Avenue, SW) by Jeffrey R. Smith, Clerk of Circuit Court and Comptroller of Indian River County, Florida RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and .setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 235 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were dedicated by Jeffrey R. Smith, Clerk of Circuit Court and Comptroller of Indian River County, Florida for future access and/or stormwater purposes, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached quitclaim deed describing lands, recorded in O.R. Book 3126 at Page 2060, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 236 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk R O I=O At�T Tax Certificates Outstanding V APED L 'AL PROVEt� �;S Ur T S0 ., Yes No Current Prorated Tax Received sY and Deposited with Tax Collector $ DESPA,1 G DEMI T Y C:)Q. NTYATToRNEY 3 237 3120180038177 RECORDED IN THE PUBLIC RECORDS OF COUNTY ATTORNEY'S OFFICE JEFFREY R SMITH, CLERK OF COURT INDIAN RIMER COUNTY INDIAN RIVER COUNTY FL 180 87th Street BK: 3126 PG: 2060 Page 1 of 2 6/21/2018 4:15 PM Vera Mosch, Florida 32960 D DOCTAX PD $0.70 QUITCLAIM DEED THIS QUITCLAIM DEED, executed this 8 day of June, 2018, by Jeffrey R. Smith, Clerk of Circuit Court and Comptroller of Indian River County, Florida, Grantor, whose mailing address is 2000 16th Avenue, Vero Beach, Florida 32960, to Indian River County, a political subdivision of the State ,of Florida, Grantee, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. WITNESSETH: That Grantor, for and in consideration of the sum of One Dollar ($1.00), in hand paid by Grantee, the receipt whereof is hereby acknowledged, and other good and valuable consideration, does hereby quitclaim unto Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River, State of Florida, to -wit: Lot 26, Block 15, WHISPERING PALMS, Unit 5, according to the plat thereof, recorded in Plat Book 6, Page 67, Public Records of Indian River. County, Florida. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed in the presence of: signs- prin d name:r�rcve�� sign• printed nam : C<r�l� JEFFREY R. SMITH, CLERK OF CIRCUIT COURTD COMP OLLER By: r y W ghith 238 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this Jeffrey R. Smith, Clerk of Circuit Court and Comptroller of Indian He is personally known to me. LINDA EROMIN r 4Z Rotary Pubpe : State of Florida •__ Commiaaion #r FF 192857 My Comm. " o� Expires Mar tar 2019 Nltlo� Notary Assn.mpqwpqrlqr— NOTARY PUBLIC day of June, 2018, by River County, Florida. sign. printed name: Commission No.: Commission Expiration: ACCEPTANCE Indian River County hereby accepts the property being conveyed herein. INDIAN RIVER COUNTY, FLORIDA ��up i7Y• C ( ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller B % • By: By. Peter D. O'Bryan, Chai Deputy Clerk Board of County Corn issl' Indian River County, Florida �'•cou��T: R; BCC approved: June 12, 2018 APPROVED AS TO FORM A; -`D LEGAL aUFFIC! IE —0Y -- DY, AN :IEINGOLD COUNTY Aa TORNE 239 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Gifford Youth Achievement Center — Right Turn Lane Cost Share DATE: July 20, 2018 DESCRIPTION AND CONDITIONS The Gifford Youth Achievement Center (GYAC) is beginning construction on the first floor (phase one) of a project which consist of a 14,000 square foot building at Gifford Park. Phase one consists of six classrooms and three administrative offices. A future (phase two) 14,000 square foot second floor will consist of ten classrooms. The building is being constructed just east of the existing Gifford Pool Complex. As part of the site plan review process, staff evaluated the increased traffic for the proposed building. Due to the internal configuration of the northern driveway to Gifford Park and the close proximity of the north driveway to the intersection of 43`d Avenue and 49th Street, staff required the construction of a right -turn lane at the northern driveway. County staff met with representatives of GYAC to discuss the additional cost for the right -turn -lane. Also discussed, was the current construction by the Pulte Group, developers of Water Way Village, of intersection improvements at 43`d Street and 49th Avenue and the possibility of the developer contributing to the construction of the right turn lane. The County Administrator offered to fund 50% of the cost for right turn lane subject to BCC approval. Both GYAC and County staff contacted the Pulte Group to discuss this topic. The Pulte Group agreed to include the construction of the right turn lane in their current project and to fund 50% of the cost for construction. The total cost for construction of the right turn lane is estimated at $17,498.00. The County's portion of the cost is $8,749. FUNDING Funding in the amount of $8,749 is budgeted and available in Optional Sales Tax/Road & Bridge/GYAC Right Turn Lane — Acct # 31521441-066510-18032 RECOMMENDATION Staff recommends the Board approve funding in the amount of $8,749 for 50% of the cost to construct the right -turn lane at Gifford Park for the Gifford Youth Achievement Center. ATTACHMENTS GYAC Right Turn Lane Opinion of Cost APPROVED AGENDA ITEM FOR: August 14, 2018 240 Kimley*Horn PROJECT: Waterway Village - 43RD Avenue Extension CLIENT: Pulte Home Corporation PROJECT M 047897025 Wednesday, July 11, 2018 OPINION OF PROBABLE CONSTRUCTION COSTS Gifford Youth Athletic Center Right Turn Lane Addition "The Engineer has no control over fhe cost of labor, materials, equipment orservices furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to the Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction Industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from Its opinion of probable costs." TOTAL PROJECT PAY ITEM NO. DESCRIPTION I UNIT PROJECT QUANTITY UNIT COST PROJECT COST ROADWAY PAY ITEMS 285-709 CEMENTED COQUINA LBR 100 14" SY 257 $1850 $4,755 334-1-11 SUPERPAVE ASPHALT CONCRETE SP -9.5 (TRAFFIC C) 1.25' TN 18 $110 $1,980 3341-13 SUPERPAVE ASPHALT CONCRETE SP-12.5(TRAFFIC C 1.75" TN 25 $110 $2 750 522-2 CONCRETE SIDEWALK 6'THICK SY 161 $37.50 $6038 527-2 DETECTABLE WARNINGS SF 12 $35.00 $420 570-1-2A PERFORMANCE TURF SOD BAHIA SY 400 275 $1.100 711-11-121 THERMOPLASTIC STD WHITE SOLID 6" LF 182 115 $209 711-11-140THERMOPLASTIC STD WHITE SKIP 2'4' 6' LF 145 $115 $167 711-11-170 THERMOPLASTIC STD WHITE ARROW EA 1 $8000 $80 TOTAL 1 $17,4981 241 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 27, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Dedication of Utility Easement DESCRIPTIONS AND CONDITIONS: Justin J. Lefebure submitted a request for Countywaterto his property located at 12485 Roseland Road, Sebastian. The access to the Lefebure property and the other five (5) parcels are via an Indian River County owned parcel obtained in 2004 through escheatment (ORB 1813/70). The subject County owned parcel is not a County maintained roadway. The County owned parcel is approximately 0.63 acres and zoned RS -3. The parcel varies between 15 to 30 -feet wide with an approximate length of 900 -feet (See attached Exhibit A). ANALYSIS: In order to provide County water, the best resolution is to dedicate a perpetual utility easement to Mr. and Mrs. Lefebure to install a private line within the County owned parcel. Mr. Lefebure has stated that trace wire will be installed with the private water main for future locates. Indian River County Department of Utility Services (IRCDUS) is in support of this approach for the following reasons: • An IRCDUS owned dead end watermain will result in frequent flushing to maintain water quality and disinfectant level, which will ultimately result in higher maintenance costs to existing rate payers. • Parcel 30380000001022000030.0 to the west currently is connected to County water (meter is set at Roseland Road right-of-way), which is equidistant to the Lefebure property from Roseland Road. • IRCDUS responsibility ends at the meter, which will be located at the Roseland Road right-of-way. Ilia-llul C19 No funding is required for the subject task. The Lefebures will be required to pay normal County connection cost prior to the installation of a meter at the Roseland Road right-of-way. RECOMMENDATION: Staff requests the Board of County Commissioners approve the granting of a perpetual utility easement and authorize the Chairman to sign the Easement dedicating a utility easement toJUSTIN J. LEFEBURE and SHARON M. LEFEBURE for recordation. ATTACHMENT(s): 1. Easement (4 Pages) 242 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@3C18ACB1\@BCL@3C18ACBl.docx EASEMENT THIS GRANT OF EASEMENT, made and executed this day of , 2018, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTOR, to JUSTIN J. LEFEBURE and SHARON M. LEFEBURE, husband and wife,, their heirs, legal representatives, successors and assigns, whose mailing address is 12485 Roseland Road, Sebastian, Florida 32958, hereinafter called GRANTEE. (Whenever used herein, the terms GRANTOR and GRANTEE include all the parties to this instrument and their heirs, legal representatives, successors and assigns.) WITNESSETH: That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, an easement for private water line purposes, across and beneath the following described land, situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby. And GRANTEE hereby acknowledges that the County shall have no responsibility for maintenance, repairs or ownership, of the water line. Repairs to include the restoration of the ingress/egress easement to existing or better condition. And GRANTEE hereby acknowledges that if the County requires the waterline relocated, then the GRANTEE shall pay all associated cost of the relocation. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. 243 INDIAN RIVER COUNTY, FLORIDA through its Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Peter D. O'Bryan, Chairman Deputy Clerk BCC approved: STATE OF FLORIDA COUNTY OF INDIAN RIVER. The foregoing instrument was acknowledged before me this day of 2018 by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, who is personally known to me. APPROVED AS TO FORM AND LEGAL SUFFICIENCY aY WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY IM4 T c Gall 1.311[e? printed name: Commission No.: Commission Expiration: 2 244 EXHIBIT Legal Description for Perpetual Utility Easement from Roseland Road: FLEMING GRANT, PBB 1-175 FR SW COR OF LOT 31, FLEMING GRANT SEC 22; RUN N 44 DEG 24 MIN W 430 F T; TH RUN N 45 DEG 40 MIN E 153.7 FT; TO RUN N 44 DEG 20 MIN W 136 FT; TH RUN N 45 DEG 40 MIN E 15 FT; TH RUN N 44 DEG.20 MIN W 225 FT; TH RUN N 45 DEG 40 MIN 30 SEC E 85 FT; TH S 44 DEG 20 MIN E 38 FT; TH S 45 DEG 40 MIN 30 SEC E 70 FT; TH S 44 DEG 20 MIN E 354.5 FT; TH S 45 DEG 40 MIN W 153.7 FT; TH S 44 DEG 24 MIN E 400 FT; TH S 45 DEG 31 MIN W 30 FTTO POB, LESS RD R/W" 245 SKETCH PART OF EXHIBIT A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Andy Sobczak, Infrastructure Project Manager SUBJECT: Work Order No. 4, Jay Ammon Architect, Inc. North County Regional Park Aquatic Facility Roof Replacement DATE: July 30, 2018 DESCRIPTION AND CONDITIONS The existing roof at the North County Regional Park Aquatic Facility was completed as part of the original building construction in 2002. Although the roof has survived several hurricanes, including Hurricane Irma in 2017, it has surpassed its functional lifespan and requires replacement to avoid future failure and leaks. As such, County Staff requested a proposal from Jay Ammon Architect, Inc. for replacement of the roof. On April 18, 2014 the Board of County Commissioners approved a Continuing Contract Agreement for Professional Services with Jay Ammon Architect, Inc. to perform roofing consultation services to include evaluations of existing roofing conditions, design solutions for remedial work, design solutions for roof replacement, preparation of design documents, and project management. On February 6, 2018, the Board of County Commissioners approved a 3 -year extension to this Continuing Contract Agreement. On July 26, 2018, Jay Ammon Architect, Inc. submitted Work Order No. 4 for the design, assistance in bidding, and construction administration for replacement of the roof at the North County Regional Park Aquatic Facility for a total fee of $26,637.00. FUNDING Funding in the amount of $26,637.00 for the project is available via budget amendment in MSTU Fund/North County Aquatic Center/Other Improvements Except Bldg./Hurricane Irma — Account No. 00410472-066390-17026. RECOMMENDATION Staff recommends that the BCC approve the attached Work Order No. 4 for Jay Ammon Architect, Inc. for the design, assistance in bidding, and construction administration for replacement of the existing roof at the North County Regional Park Aquatic Facility, and authorize the Chairman to execute Work Order #4 in the lump sum amount of $26,637.00. F.\Public W.M\ENGINEERJNG DIVISION PROJECTS\1826 NoM County Regional Park Aquatic Facility RoofReplacement\I-Admin\Agendo Items\Work Orders\IRC-1826_BCC SUNieport_W004.doc 247 Page Two Work Order No. 4, Jay Ammon Architect, Inc. BCC Agenda 08/14/2018 DISTRIBUTION Michael Smykowski, Budget Director David Fleetwood, Parks Division Superintendent ATTACHMENTS Work Order No. 4 APPROVED AGENDA ITEM FOR AUGUST 14, 2018 248 WORK ORDER NO. 4 NORTH COUNTY REGIONAL PARK AQUATIC FACILITY ROOF REPLACEMENT IRC PROJECT NO. 1826 This Work Order Number is entered into as of this day of , pursuant to that certain Continuing Contract Agreement for Roof Consultation Services, dated February 6th, 2018, (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Jay Ammon Architect, Inc. ("Consultant"). SCOPE OF WORK Jay Ammon Architect, Inc. (Consultant) proposes to provide architectural services to Indian River County (County), for the proposed replacement of the low slope roofing assemblies of the Indian River County North County Regional Park Aquatic Facility, located at 9450 County Road 512 Sebastian, FL. The existing low slope roofing assemblies will be replaced with a new modified bitumen roofing assembly. The existing clerestory stucco wall assemblies will be waterproofed. 1.0 Phase 1- Construction Documents: 1.1 Meetings: Meet with representatives of Owner to review the scope of work, materials, and Project schedule. 1.2 Existing Roof ConditionsVerification: 1.2.1 Visual Examination: Conduct a visual examination of the roofing assemblies to determine the composition, condition, and performance of the roof assemblies. 1.2.2 Moisture Readings: Take relative moisture readings of exterior finishes to check for areas of excessive moisture. 1.2.3 Infrared Scan: Conduct an infrared scan to determine if water is entrapped within the roofing substrate below the existing roof membrane. 1.2.4 Roofing Cores: Extract cores from the roof surface to determine the roof composition and to confirm the areas of excessive moisture depicted during the infrared scan. Record the results and patch the cores. 1.3 Drawings: Prepare construction drawings consisting of roof plans and details; which depict the Scope of Work. 1.4 Specifications: Provide construction specifications which describe the scope of work, general requirements, and building products proposed for the facility. 1.5 Documentation: Submit one copyof the documents to the Owner. Make any mutually agreed upon changes to the documents. Also submit two signed and sealed copies of the documents to the Owner for permitting. 2.0 Phase 2 -Bidding: 2.1 Prebid Meeting: Attend the pre-bid meeting and explain the scope of work to attendees. 2.2 Addenda: Respond to clarifications requests from the Bidders through the Owner. Issue any required addenda to the Owner for distribution. 2.3 Bid Evaluation: Review bids received by the Owner and provide recommendations for bid award to theOwner. 249 3.0 Phase 3 - Construction Administration: 3.1 Pre -Construction Meeting: Attend a pre -construction meeting at the site with representatives of the Owner and the Contractor to review the contract schedule, contract requirements, staging area, and safety issues. 3.2 Submittals: Review and process product submittals, Applications for Payment, Requests for Information, Change Orders, and Supplemental Instructions from the Contractor and distribute to the Contractor and Owner. 3.3 Construction Observations: Conduct observations at major stages of construction. Prepare a report of each observation and submit the reportto the Owner. This proposal is based upon 3 regular observations plus the following 2 close-out observations. 3.4 Substantial Completion Observation: Conduct a substantial completion observation and submit a Certificate of Substantial Completion document including a list of uncompleted Work items to the Contractor and Owner. 3.5 Final Completion Observation: Conduct a final completion observation and submit a Final Completion Report to the Contractor and Owner. 3.6 Construction Close -Out: Review the construction close-out documents submitted by the Contractor and submit a copy to the Owner. Owner Furnished Items: The Owner will furnish the following items to the Architect: 1. Available construction drawings and specifications of the building. 2. Available shop drawings and product data of the roofing components. 3. Personnel to access the building. Time of Performance: The Architect will provide the services within the following time frame except for any situations beyond the control of the Architect: Phase 1: Construction Documents: 6 weeks after receipt of a Notice to Proceed from the Owner Phase 2: Bidding: 4 Weeks Phase 3: Construction Administration: Observation Reports - 2 days from observation. Fees to Be Paid (A fee breakdown is attached): Phase 1: Construction Documents: $15,242.00 Phase 2: Bidding: $1,941.00 Phase 3: Construction Administration: $9,454.00 Total Fee: $26,637.00 Personnel and Non -personnel Expenses: The above fee includes all personnel and non -personnel expenses. Invoices: The Architect will submit an invoice to the Owner upon completion of each phase. Additional Services Fees: Anyadd itions to the scope of services and associated fees will be mutually agreed upon by the Owner and Architect, prior to the Architect performing those services. The fee for any additional service will be based upon the following rate schedule plus reimbursementfordirect non- salary expenses: Principal Architect: $196/hr Project Architect: $138/hr Project Manager: - $116/hr Thermographer: $112/hr 250 Field Technician: $96/hr CAD Technician: $82/hr Construction Observer: $75/hr Secretary: $48/hr The above fees are valid through December 31, 2018. Acceptance: Acceptance of this proposal may be indicated by the signature below by an authorized representative of the Owner and the return of one executed copy of this proposal or by issuance of a purchase order to the Architect. CONSULTANT: JAY AMMON, INC. By: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY +q Q- J By: Peter D. O'Bryan, Chairman Jay Ammon, President BCC Approved Date: 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: Dylan T. Reingold, County Attorney 251 A&L JAY AMMON ARCHITECT, INC. July 28.7018 North County Regional Park Aquatic Facility Roof Replacement Project FEE BREAKDOWN -CONSULTING SERVICES 1.0 Evaluation Services: Not Include ._Fri cipallArnh!taq: ------- - --- ;11690 $0.00 Project Architect: 0 thrs. @ --0- i ;13190 --$116.001 Project Manager: 1--rs. @ hr. 1 ------ $0.00 Thermographer 0 hrs. @_..._ J Field Technician: 0 hrs. @ __$112.00 $96.001/ hr. $0.00 CAD Technician:0 hrs. @ i $82 9-0,/hr.. $0.00 Construction Observer:$75.00 . ...... hr. $0.00 - - ---- ---- Secretary 0! hrs, (cb r.i .. .......... . ..... .. $0.00 Total Personnel Costs: ------ ----- I $0.00 Air FII -01-fi -Ig -h-t-s' @ $0.0 01 $0.00 ------- - Rental Car $0.00 /da Milea e;days ......... 0itrips @ 266,mi./trip l@ $0.504mi. $0.00 Hotel: it )night i $0.00 Per Diem O�d ays@, .99 $0.00 SubConsultant$0.00 ------ ­­­­ 9 0.00 Jmca $0.00 Total mbu -'s Reimburseable Costs: $0.00 TOTAL EVALUATION PHANEd-69-Ts 4 - io J - . ..... .... Principal Architect: firs. @ i $196.0011 hr. $4,704.00 $138.001/ hr. $0.00 Project Manager. Ors: @ i $0.00 Thermographer_. 112.00 L 1,792.OD Field Technician: ... .... 1 h _$96.00/hr. -0 -0)/ ­hr.' V1,-536.00 80ihrs 1 $62,. blinitrikkn .. @ $0.00 ......... .. Secretary: -i M. $384.00 Total PPrsc.nn.eI-Co.sts:1...1 ... ....... . . . . ........ $14.976M -bh- At- 'd i ig is $0-00 Jqght $0.00 Rental par erqa_ old is @- a) $0.00 !!day $0.00 Mileage: - ---- -- 2itrips @ 26 ot 1 $0 50:/Mi. $266.00 Hotel: Oinights@ -R9 /910f' $0.00 Per -biern 61 -d -ay -(b $0.00 /day i Printing c( oples @ ---- --- Sub Consultant -Costs: so -00 ....10!percent $0.00 total ReIrnburs-eable -TOTAL titst-dN NNASE-COM . .. ... '$15,242.00 �.b 13idding: ....... . . Principal @ .. $196.00 4 hr. $784.00 .Architect Project Architect: $138.004 hr. Project Manager: M 8 hrs. @ J i/ hr. J., - ­ rp __ .. - - - - . . ­­ - . 1. - - - ­ - - _ 0 hrs. @ _ -.$1-16.00 $112.00+/hr. _Thermographer.. Field Technician: i O hrs. 6 $96.001/ hr. i i CAD Technician: 0 iirs. @ J, $0.00 -60 Construction Observer. 0 hrs.Q., 48.00!/ ,hr. $96.0 Total Prs61 pel Costs ... .. ....... . $1,808-.0-0 Air Flight. 01 di g fits' @-- -$-0-, 66 iffbkf $6.66 RentalCar-09 jO_ �dj�y. Mileage; !Wips @ 266 @ i $ .50; $133.00 Hotel: 0 i higfit-s- (g `F -$0'.b0- /night $0.00 Per Diem-6-1.,day-S-6, 1� td.0.0 /..day.. Printing 2;coples a i $0.001 co.._... , ---- $0.00 -- - - ----- Total Reimburseable Costs: i 4 $133.00 ldfAL'bibbft PHASECOSTS$1,941.00 4:6 P�qndl I Architect: 161hrs @ $196.001/ hr.i. $3,136.00 01hrs. 138.00,/ hr. $0.00 Prop -- act M�raw.­ $116.00,/ hr. ----- --------- rs. @ 42,Wifi -1$1 ­ ­ I. !. FielldJech9i Ian: i6fi,ri.4--, -6rhr­.-g­ $96.00!/ --tB-2.001/hr. hr. $1,536.00 i i Copstruction.0-b-se-mer: 48!hrs. $75.00 1/ hr. $3,600.00 Secretary .... ....... r S. $48.00ULc. $384.00 Total Personnel Costs: - --------- ----- -- fkewo­ - - -------- ----------- 0,fi1ghts ­ ­ ------------ ---- 19-9q. NN $0.00 Rental Car: O,days @ $0-00 Nay $0.00 tr!PLQ-- Tvt�qp, i $798.00 otel: Ights@ %nlqht ­iq I J. ------ �r 1 rn pe me O�d ys@ -sy $0.60 f/day 1 $0.00 Print(n @ --id'psrcent $0.00 Sub Coni6ifir�t Kin nap Total Reimburseable Costs: $798.00 9,454.00 TOTAL COSTS:-sn' J A— INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer #bl SUBJECT: Recommendation of Final Payment and Release of Retainage for the Reinforced Concrete Wall Sawing and Duperon FlexRake Rehabilitation Project at PC Main Screening System DATE: July 31, 2018 DESCRIPTION AND CONDITIONS On May 9, 2017, the Board of County Commissioners (Board) awarded a construction contract to Costello Brothers Marine Construction (Contractor) for various improvements to the PC Main Screening System. The contract amount is $149,058. There were no Change Orders. Construction is complete and the facility is operational. Application for Payment No. 3 (Final) for $16,846.98 (including retainage) is included as Attachment 1. FUNDING Funding for this project is budgeted in Account No. 31524338-066510-16001 (Optional Sales Tax Funds/Public Works/PC Main Relief Canal Upgrade). RECOMMENDATION Staff recommends the Board approve attached Application for Payment No. 3 (Final), which includes release of retainage. ATTACHMENTS Attachment 1 - Application for Payment No. 3 (Final) DISTRIBUTION Jennifer Hyde, Purchasing Division Michael Smykowski, Budget Division William K. DeBraal, Deputy County Attorney APPROVED AGENDA ITEM FOR AUGUST 14, 2018 253 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D83A2C9A\@BCL@D83A2C9A.doc OEM 114,1161-1ol SYSTEM Application for Payment No.. For Work Accomplished through the period of q -1 L, - 19 through 1' - _ -- _ 1 EL To: Indian River County (OWNER) From: rnr r .n 0 OrN (CONTRACTOR) ENGINEER: Indian River County Public Works Department, Stormwater Division 1. Original Contract Price: $�� Ce 2. Net change by Change Orders and Written Amendments (+ or 2.a Change Order No. 1 $ 2.b Change Order No. 2 $ 2.c Change Order No. 3 $ 2.d Change Order No. 4 $ 2.e Total change in Contract Price (2.a + 2.b +... 2.n) $ 3. Current Contract Price (1 plus 2e): $) u . `< 4. Total Work to date: 4.a Percentage of Work completed to date: % 4.b Total Work completed to date: $ a� ©s2 5. Retainage: 5.a 10% of completed Work until 50% completion= (0.10 x 4.b.); $ ' After 50% completion, retainage shall be 5% of completed Work = (0.05 x 4.b): 6. Total Work completed and stored to date less retainage $ (4.b minus 5.a): 7. Previous Payments: $ 8. AMOUNT DUE THIS APPLICATION (S Minus 7): $ CONTRACTOR's current mailing address: aiL, Fast Revised 2-15-2016 00622 - Contractor's Application for Payment 00622-1 254 F:1Public YUorkslKeiUlMllSlormweler Projects\N1ah Relief Canal Operationa015-2016 Madificalims\Bidding0d DocumenlsUNorking Contract Documents - No Conveyors\00622 -Contractors Application for Paymentdoc Rev. 05/01 a Indian River County (OWNER) From: t( r, _ . _-A_.�r-s_ d (CONTRACTOR) Project: REINFORCED CONCRETE WALL SAWING AND DUPERON FLEXRAKE REHABILITATION AT PC MAIN SCREENING SYSTEM ITEM No. DESCRIPTION Unit Price Unit Estimated Quantity Schedule of Values Amount Quantity Completed Amount Percent complete % Amount Completed f1.0 •i,b°r , " 777777 ._._. GENERAL ITEMS 1.01 Mobilization/Demobilization L.S. 1 5 too 1:02 Public Construction Bond L.S. 1 100 ,� G 1.03 Insurance Coverage 1.03A General Liability Insurance L.S. 1 3 c • t ov '/e Svc c:> —agw, 1.036 Automobile Liability Insurance L.S. 1 O 'J, o c� 1.03C Excess Liability Insurance L.S. 1 1.03D Workers. Compensation and Employers' L.S. 1 _.. Liability Insurance `jam '1 -1, v01, 1.03E Builders' Risk "All Risk" Insurance L.S. 1 2.0 IMISCELLANEOUS IMPROVEMENTS 2.1 Saw cut and remove sections from three existing concrete Channel Divider -Walls tvo (ocxXo at.o C. 2.2 Saw cut and remove section from existing concrete Inlet Throat Wally L.S. 1 2.3 Furnish and install new davit crane, relocate existingdavit crane L.S. 1 2.4 Remove all silt, mud, debris, etc. from bottom of treatment structure L.S. 1 \0c) c> co 2.5 Rehabilitate existing FlexRake No. 1 L.S. 1) c..G 2.6 Furnish and install Type 316 stainless steel protective plates at the Inlet Throat Wall L.S. 1 a��ra 100 ' . aa -r v�O• �' 2.7 Furnish and install Type 316 stainless steel protective plates at Divider Walls L.S. 1 ia� �• a . z �IC� ,� TOTAL ITEMS 1.0+2.0 I NOTE: TOTAL SCHEDULE OF VALUES AMOUNT SHOULD EQUAL THE CURRENT CONTRACT PRICE * * END OF SECTION * * 1 The lump sum total for Mobilization/Demobilization shall not exceed five percent (5%) of the total bid amount. 2 The lump sum total for the Public Construction Bond shall not exceed three percent (3%) of the total bid amount. 255 Last Revised 2-15-2016 00622 - Contractor's Application for Payment 00622-6 F:1Public WorksiKeithAAStormwater ProjeclslMaln Rallef Canal Operatlon12015.2016 ModificationalBidding0orking Contract Documents -No Conveyors100622 - Contractors Application for Payment.doc Rev. 05101 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's speck legitimate obligations associated with prior Applications for Payment. This certification includes, but is not limited to the following statements of fact: (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against 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; 2. Updated Construction Schedule per Specification Section 01310, 3. Construction progress photographs per Specification Section 01380, and 4. Progress Record Drawings per Specification Sections 01330 and 01720. Under oath, I swear that the foregoing statements are true. Dated: 'A - Z"► - ►I By: (CONTRACTOR – must be signed by /an Officer of the Corporation) Print Name and Title STATE OF FLORIDA- COUNTY OF kt,r�\,,AS Before me, a Notary Public, duly commiseioned, qualified, and acting, personally appeared F C,22 -ji �, , who being by me first duly sworn upon oath, says that he/she is the s A,, 6=,J– of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that helshe executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this -ate day of—P,9r ` , 20 . is &-rsanally knor� to me or has produced as identification. DEBRA LYNN FALLS _ 1 tiRr Oa•PUBLIC- Notary Public -State of Florida OTARY '•o' Commission k GG 206329 My Comm. Expires Apr 11, 2022 Printed name: L J c� .� s Bonded through National Notary Assn. Jill 1111 Commission Expiration: I Last Revised 2-15-2016 00622 - Contractor's Application for Payment 00622-2 256 F:1Public WorkslKeithMlSfornvater "ects'Main Relief Canal Dperation12015-2016 Modifications%Bidding\Bid Documen stWosking Conyact Dowments - No Conveyors1oo622 - Contracloes Application for Paymentdoc Rev. 05/01 /�Pp 3 - I U91 o5g . C) C) w�*�4ic�Skwbirk� w�ewie�#rw�tkrrrw � �rw,�ewww* wirtwwww�,�k*w,trt��k�irrMrxw�r�ir�zwYew,Fxxter�#ai-,�r�k**ws+r�lct<yrk�kayrh:r�� SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, The Ohio Casualty Insurance Company , a corporation, in accordance with Public Construction Bond Number 964128704 , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT_ TO RE EXECUTED BY CORPORATE SURETY: Attest - Secretary, Susan L. Reich STATE OF FLORIDA COUNTY OF INDIAN RIVER The Ohio Casualty Insurance Company Corporate Surety 175 Berkeley Street . Boston, MA 02116 BusinessAddress BY: Print Name.- Lisa Roseland Title: Attorney -in -Fact & FL Licensed Resident Agent `— (407) 786-7770 (Affix Corporate gl�CL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Lisa Roseland , to me well known or who pt..oduced NIA as identification, who being by me first duly sworn upon .oath. says that -he/she is the Representative for The Ohio Casualty Insurance Company and that he/she has been authorized .by it to 'approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment- Subscribed and sworn to before me this day of April 27 .1 2018 E -,Notary Public State tN FloridaAnita Navarra K MY�� Q Des 0/3112 GG 20 01ti609 Notary Public, .State of Florida My Commission Expires: 10/31/2020 w:,� � � �x: trsr�:e:�#*zzw��r+rsmri�rww�x;ew>Sr�w�rw�e��ra*w�t�+ewww�t�wwk,�x�ww*w°c�tww��zwsrxww [The remainder of this page was left blank intentionally] Last Revised 2-15-2016 00622 - Contractor's Application for Payment 00622-3 FAPubfrKs e WoWQhMS1ormwater Prge_-tstMaln Relief Canal Operafiian\20154016 MotfifrcationstBidding)Bid D'oa;merdslWorking Contract Documents -No 25^% c0 rnteyors%00622 - Contractoes Apprr..agon for Fayment.doc Rev. 05101 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7845130 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Cheryl Foley; Don Bramlage; Glenri.Arvanitis; Gloria A. Richards; Jeffrey W. Reich; Kim E. Niv; Lisa Roseland; Susan L. Reich; Teresa L. Durham all of the city of Maitland state of. FL each individually if there be more than one named, its true and lawful attorney -fn -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed,_any and all undertakings, bonds,_recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the, Companies and the corporate seals of the Companies have been affixed thereto this 25th day of July 2017 I,-, The js_-�-<,._<•„��� The Ohio Casualty Insurance Company 191� y _; Liberty Mutual Insurance Company u — West American Insurance Company i STATE OF PENNSYLVANIA ss David M. Carey. Assistant Secretay COUNTY OF MONTGOMERY Or: this 25th day of July 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and Vilest American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seat at King of Prussia, Pennsylvania, on the day and year first above written. O a yP P'1Sp COMMONWEALTH OF PENNSYLVANIA C N r = r i Teresa Pasa>Oa, Ne:ary Public BY ___-�—_—_--- "'a `f °F 1 Uppar hnerion Twp., Montgomery County Teresa Pastella• Notary Public 4i h.1y Comm -anon Expir, s March 28.2021 ?i rp y ,FMember, Pennsylvania jr Sst.Yfation or Notaries 0 � ” This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual vi Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: � Cl) ARTICLE IV- OFFICERS - Section '12. Power ofAtforney, Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject O a; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, > acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such attorneys -In -fact, subject to the limitations set forth in their respective N powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so at executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. (D C> � N r ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E o? and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, z - seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their o respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so V �„ executed such instruments shall be as binding as if signed by the president and attested by the secretary. o cfl Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge.and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of anypower of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is.a lull, true and correct copy of the.Power of_A«omey executed by said Companies, is in fail force and effect and has not been revoked. �l (! IN TESTIMONY WHEREOF, I have hereunto sel my hand and affixed the seals of said Companies this i� day of f=' 1 Renee C. Llerre, t , Assistant Secretary V1\ ✓.�l :C:,Yn{;%syr-• 'r�,� r/ 258 111 of 250 LIAS 12873_022017 CERTIFICATION OF OWNER'S CONSTRUCTION OBSERVER: To the best of my knowledge and belief: the Work has progressed to the point indicated on this Application for Payment; the quality of the Work is generally in compliance with the Contract Documents; and the conditions precedent to the CONTRACTOR being entitled to such payment appear to have been fulfilled in so far as it is my ability to observe the Work. I am not certifying as to .whether or not the Contractor has paid all subcontractors, laborers, materialmen, and suppliers because I am not in a position to accurately determine that issue. Dated —7- 31- 1 Fr SIGNATURE CERTIFICATION OF ENGINEER: To the best of my knowledge and belief: the Work has progressed to the point indicated on this Application for Payment; the quality of the Work is generally in compliance with the Contract Documents; and the conditions precedent to the CONTRACTOR being entitled to such payment appear to have been fulfilled in so far as it is my ability to observe the Work. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen, and suppliers because I am not in a position to accurately determine that issue. Dated 7— 3 /— 2 0! g Zo GNATURE [The Remainder of This Page Was Left Blank Intentionally] Last Revised 2-15-2016 00622 - Contractor's Application for Payment 00622-4 259 f:VPublic WorksxMilhM\s:orhvater Projedswain Relief Canal Operation\2615-2016 Modifications\BlddiagTid DocumenlsMorking Contract Documents -No Co eyors=622 - Contractor's Application for Pa•/menld9c Rev. 05!01 FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of 9.590.00 hereby Waives and releases its lien and right to claim a lien for labor, services or materials furnished to Costello_ Brothers Marine Construction on the job of Dutaeron Flexrake Rehab to the following described property: 1801 12'' St. Indian River County Vero Beach, FL Dated on:J�� Lienor's Name: Cougar Cutting Inc (C f pany name printe�) By: (Signature) Printed Name: STATE OF -F! , COUNTY OF LEE, - Thine Release of Lien was acknwxledged before ne th's day of J ion 1 2018. By , as _ ,- of t Who is personally known to me or hasirroduced DAWN Da tK ''•r o....., :.• AiY CO'tit'�iSSSiON k GG 80182 2 �- w>sEs autyts.zo2o �(Notary Public's Signature) a'rF°FF;c?= Banded 711ruNatlq nb%Underwaers NOTE: This is a statutory form prescribed by Section 71-3-20. Florida Statutes (1996). Effective October 1. 1996, a person may not require a lienor to famish a waiver or release of lien that is different from the statutory form. 260 BEYEL BROTHERS INC. S50 Cidco Rd., Cocoa, FL 32926 Phone: (321)-632-2000 Fax: (321)-636-1103 Email:. credit@beyel.com FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration for payment in the amount of $ II D. 00 hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to COSTELLO BROTHERS MARINE, INC. on the job known as 9111 AIRPORT RD. located at: 9111 AIRPORT RD. 0 VERO BEACH FL The undersigned warrants that all suppliers, material men and laborers furnishing material to , or performing labor for him/her/them/it, have been fully paid and that no conditional bill of sale, retain title contract, or chattel mortgage has been given by anyone for or in. connection with any materials, fixtures, furnishings, labor, appliances or machinery placed upon or ,installed or incorporated in the said premises by him/her/them/it, except as follows (if "none" so state: "NONE"):. NONE DATED 5/30/2018 BEYEL SIGNA- PRINT[ TITLE: Treasurer The foregoing Waiver and Final Release of Claim/Lien was sworn to and subscribed before me this Wednesday, May 30, 2018 by Mark Beyel who is personally known to me to be the Treasurer of Beyel Brothers, Inc. and who did take an oath. STATE OF FLORIDA COUNTY OF: BREVARD _ My commission expires: SWORN TO ANBD [ THIS: SUBSCRIBED BEFORE ME (NOTARY SEAL) N�_�_� NOTARY PUBLIC: PRINT NAME: Sally Mead -Jones �o�pR/assp� NOTARY PUBLIC STATE OF FLORIDA is Comm# GG074962 EX Expires 21201202'' 261 WARTR AND RELEASE OF LIEN FOR FINAL PAYMENT (Section 713.20(5) Florida Statutes) "is insft=ent Prepared by: KENNETH WACHMAN MVI CORPORATION ATTN. KENNETH WACHMAN 7775 97H ST SW (OSLO ROAD) VERO BEACH FL 32968 The undersigned lienor, in consideration of the final payment in the amount of $11,930.74, hereby waives and releases its lien and right to claim a lien for labor, services or materials to COSTELLO BROTHERS MARINE (customer) on the job of INDIAN RIVER COUNTY BOARD OF (owner), to the following described property: 1700 AVIATION BOULEVARD, VERO BEACH, FLORIDA, REINFORCED CONCRETE WALL SAWING AND DUPERON FLEXRAKE REHABILITATION AT PC MAIN SCREENING SYSTEM, BID NUMBER 2017049, BOND NUMBER 964128704, INDIAN RIVER COUNTY, FLORIDA. DATED on JUNE 8, 2018 MWI CORPORATION ATTN: KENNETH WACHMAN 7775 9TH ST SW (OSLO ROAD) VERO BEACH FL 32968 By. Q (0 $ Q t) t 6 KF WACHMAN Vt PRESIDENT Before me, personally appeared, KENNETH WACHMAN, the VICE PRESIDENT of MWI CORPORATION, who produced as identification or is personally known to me, and who did take an oath, and acknowledged to and before me that he/she executed this instrument for the purposes therein expressed on behalf of said entity, this 8 day of JUNE, 2018 4. iy tConputnlvslsci;o�nxpires: e of Florida ATTACHMENT A 1. Last 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): p -I LL 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): 014- k-) I� ---� f :i �� Last Revised 2-15-2016 00622 - Contractors Application for Payma-tt 00622-5 263 F lP:�lic V�orkslKeith�YllStorm�rater Pro,;ecte Maln Relief Qperation)2015-2016 Moaticaticnst0lddingtSia oocumentswori ing Comfact Documents -No Conveyorst00622 - Contractor's Application fo, Payment doc Rev. 05/01 (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) To: INDIAN RIVER COUNTY (OWNER) From: (CONTRACTOR) ` �`�� .sc ���� 27�-,s- , �_`�� (CONTRACTOR) UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR swears that the following are true statements: 1. On �x`e , 20 r , the CONTRACTOR and Indian River County, a Florida political subdivision, entered into a Contract for the performance of certain Work, generally described as follows: REINFORCED CONCRETE WALL SAWING AND DUPERON FLEXRAKE REHABILITATION AT PC MAIN SCREENING SYSTEM at a pollution removal facility called PC Main Screening System. Work includes, but is not limited to: saw cut three reinforced concrete channel divider walls and one reinforced concrete inlet throat wall; refurbish Duperon FlexRake No. 1; install scrapers on FlexRakes No. 1, 2, 3, and 4; furnish and install a new davit crane and relocate existing davit crane; and remove mud, sift, debris, etc. from bottom of the treatment facility; all as shown or implied in the Contract Documents. 2. CONTRACTOR has reviewed the Contract Documents; 3. CONTRACTOR has reviewed the Work for compliance with the Contract Documents; 4. CONTRACTOR has completed the Work in accordance with the Contract Documents and the Contract is fully performed; 5. All Work is complete and all new and reinstalled 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: 6. The Work is ready for final acceptance by the OWNER; 7. Final payment is now due; 00632 — Contractor's Final Certification of the Work Last Revised 12/612016 00632-1 PC WAIN IMPROVEMENTS FAPublic WorkslkeithmStormwater ProjectsWtain Relief Canal 4peratron12015-2016 Modificationsl6idding0d Documents\Working Contract Documents - No Conveyors100632 - Contractors Final Certification.doc 264 8. All liens of all firms and individuals contracting directly with or directly employed by CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth; and 9. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Corporate 1) Dated L9 By: (CO.. RACTOR — must be signed by an Officer of 0 -nom-- , �n- � 5- i 1 c, ,L 1�� s, � - Print Name and Title STATE OF FLORIDA COUNTY OF 1A, ex,�, 1� Before me, a Notary Public, duly commissioned, qualified, and acting, �iersonally appeared,.,; i lrea�i - Lc i -P i I v , who being by me first duly sworn upon oath, says that he/she is the Pile . , AQP.-� 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 Final Certification of the Work statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this _ day of �;hy_ _ , 20 VZ. is personally known to me or has produced as identification. NOTARY PUBLIC:"t (SEAL) Printed name:rctttis l 1� ' }i.` PV . .. yh �.��N FAIT:'k...:�r Commission No.: F`,:-�*\ u t, , a; v rF . ctafe of Florida YA ? o G6 2063.25 Commission Ekpiratlon: �� u,. JXv Eomaud zoke"s'Apr 11, 20 2 $#coded thr u kt°Nation aGNbt"y'liss . + + END OF SECTION + + 00632 — Contractor's Final Certification of the Work Last Revised 12!6/2016 00632-2 PC MAIN IMPROVEMENTS FARublic WorksWeithMlStormwater ProjectslNlain Relief Canal Operation12015-2016 Modifications\Biddinq�sid DocumentslWorking Contract Documents - No Conveyors100632 - Contractors Final Certification.doc 265 EM 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: Patrick J. Murphy; Senior Planner, Current Development DATE: August 2, 2018 SUBJECT: GRBK GHO Serena LLC's Request for Final Plat Approval for a Subdivision to be Known as Serenoa Phase 5 [98110046-81384/ SD -13-11-04]. It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 14, 2018. DESCRIPTION & CONDITIONS: The Serenoa Phase 5 subdivision represents the fifth and final phase of the Serenoa Subdivision. Phases 1-4 have been constructed and platted. Phase 5 consists of 48 lots on 18.92 acres resulting in a density of 2.54 units/acre for Phase 5. Located on the north side of 5t' Street SW, the overall Serenoa project is proposed to be developed in 5 phases and is zoned RS -6 (Residential Single -Family, up to 6 units / acre), and has an L-2 (Low Density 2, up to 6 units / acre) land use designation. The overall density for the Serenoa project is 2.27 units per acre. On December 12, 2013, the PZC (Planning & Zoning Commission) granted preliminary plat approval for the Serenoa Subdivision Phases 2 through 5. The owner subsequently obtained a land development permit and commenced construction on the Phase 5 improvements. As of this time, the owner has built 80.5% of the required Phase 5 improvements and has "bonded -out" for the remaining 19.5% of the required improvements. The owner has submitted the following: 1. A Phase 5 final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the Phase 5 remaining required improvements; and 3. An executed Contract for Construction of Phase 5 remaining required improvements, with an executed cash deposit and escrow agreement, and $130,505.04 in the form of a check. The Board is now to consider granting final plat approval for Serenoa Phase 5. 266 C:\Users\legistar\AppData\L.ocal\Temp\BCL Technologies\easyPDF 8\@BCL@64311E9F\@BCL@64311E9F.rtf ANALYSIS: Most, but not all, of the required Serenoa Phase 5 required subdivision improvements have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond -out" for the remaining 19.5% of required Serenoa Phase 5 improvements (utilities, drainage, landscaping, roadways). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining Serenoa Phase 5 improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements and Cash Deposit and Escrow Agreement. The contract for construction and security arrangement, which represents 125% of the estimated cost to construct the remaining required improvements, have been executed by the County Administrator. Cash in the amount of $130,505.04 for the improvements has been deposited into escrow with the county. It should be noted that all improvements within Serenoa Phase 5 will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required by the Utility Services Department. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Serenoa Phase 5. ATTACHMENTS: 1. Application 2. Location Map 3. Plat Layout 4. Contract for Construction of Required Improvements 5. Cash Deposit and Escrow Agreement APPROVED AGENDA ITEM: FOR: August 14, 2018 BY: Indian River Co, Approved Date Admin. Legal Budget Dept. Risk Mgr. 267 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@64311E9F\@BCL@64311E9F.rtf FINAL PTA��f'(,FL"1,7')APPLICA-,IIC,)i*I PROJECT NAME (PRINT): Serena Phase 5 NOTE THIS WILL BE THE FORMAL/OFFICIAL NAME OF RECORD FOR THIS PROJECT (Sucff AS "WOODY BIG TREE SUBDIVISION"). CORRESPONDING 98110046 - IF/ 9� Y PLAT PROJECT NAME AND PLAN NUMBER: PROPERTY OWNER: (PLEASE PRINT G -HO Serena Corp. NAME 590 NW Mercantile Place ADDRESS Port St. Lucie, FL 34986 CITY, STATE, ZIP 561-688-2020 ext. 117 PHONE NUMBER billh@ghohomes.com EMAJL ADDRESS William N. Handier, President X -81z MT -1 4 0�: 01 ` AN %Z PROJECT ENGVWXR:- (PLEASE Same as Agent NAME ADDRESS CrIY, STATE, ZIP PHONENUMBER(s) EMAIL ADDRESS . 13 - 11 . 04 AGENT (PLEASE PR DM Schulke, Bfttle & Stoddard, LLC NANO 1717 Indian River Blvd, Suite 201 ADDRESS Vero Beach, FL 32960 CITY, STAM 23P 772-770-9622 PHONE NL%(BfflL Ischulke@sbsongineers.com EMAIL ADDRESS I Jjfseph W. Schulke, P.E. Al 4iw I 1TTUTwRE&dWNER OR AGENT PROJECT SURVEYOR: (PLEASE PRINT) Meridian Land Surveyors, Inc. 1717 Indian River Blvd, Suite 201 ADDRESS Vero Beach, FL 32960 dff, STATE, 23P 772-794-1213 PHONE NUMBER(s) ds5755@bellsouth.net 10 k! fivi Charles Blanchard CONTACT PERSON CONTACT PERSON 19012r Sftet, Vero Beach FL 32960 F.Xonmuft DwdopxdA"L1r-ATMN90mDm q0Hafi=T&sKqatAppHc&w-dw RM=d AFF 2016 1 of 3 268 SI'T'S PARCEL TAX IDVS: 33392400000300000001.1 COUNTY LANA DEVBLOPMSNT PERhff (LDP) #: 98110046-72870 (Modification #2) DATE LDP ISSUED:. 616116 (MoNcation #2) ZONING: R" FLUB: t-2 TOTAL (GROSS) ACRES. --_L8.92 TOTAL NUMBER OF LOTS: 48 AREA OF DEVELOPMENT (NIM ACREAQE: 1 a.92 DENSITY (UNITS PER ACRB� 2.54 **PLFASE COMPLETE SUBIVIISSION C13EcNajST** NOTE: "N/A" should be marked in the "YES" corn if "Not Applicable, MATERIAL_ NO 1. Fee - $1,400.00 (checks payable to Indian River County) Vr 2. Completd Final Plat Application Foam 3. Ten (10) Copies of the Final Plat (Must be signed and sealed by surveyor) 4. Letter of Audunizadion (if applicant is not owner) 5. Letter from developer providing timeline for achieving the 75% completion treshold for the overall subdivision imp ment 6. OAW OF TREFOZLOWMG SETS OF REQUIRED I1WROVFLEN T DOCUMBM: CONSTRUCTION COMPLETE - BUILT OUT: (a) Carific ate of Completion from Public Works or copy of letter toIIF Public Works and utilities requiring insertion of mvrovanents. IF UdPROVEMUM .ARE DEDICATED TO THE PUBLIC; N/A (b) Original Hngh , w's Certified Cost Estimate for Improvements (signed and sealed) Failure to provide information on which option is being selected may result la a delay in processing the application. =OR - 180127& Street, Vero Beach FL 32960 +pplic�dionaATtmalPitAppt#ndion doe Rariad AV4 2Ai6 2d3 269 COTd'3M1JM— 0IY INCOWL ETE - MOVE' our: (a) Origin d Engineer's Certified Cost Estimate for improvements (signed and sealed; noft IN= to be completed or percent complcted ail r at 75% threshold for ovarall subdivision): (b) Statement that improvements are nearing completion and a certificate of completion will be obtain prior to final plat approval 7. Copies of Doaumems to be recorded with the final plat; a. Covenants, Deed Restdctioms, Bylaws, ctc. or Statement On File There Are No= b. Property Owner's Ammafion Articles of Incorporation or sttement indicadng why recording of POA is NOT On File squire& 1 UP 12711 Street, Vem Beach FI, 32960 PC=mnttyDvvWopnoMPPLWATR14SCWDrvWpficafiDndWhebtAnUcadmAm RovindApril 2016 3 60 270 SERENOA PHASE 5 ARE -PLATO A PORTION OF SECTION 24. TOWNSHIP M SOUTH, RANGE M EAST ACCORDING TO THE PLAT OF INDIAN RIVER FARMS COMPANY SUB OMSION AS FILED IN PUT CERTIFICATE OF DEDICATION BOOK 2, PAGE 25 PUBLIC RECORDS OF ST. LUCIE (NOW INDIAN RIVER) COUNTY. FLORIDA COVENANTS, RESTRICTIONS. OR RESERVATIONS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN IN THIS PUT COUNTY OF INDIAN RIVER ARE FILED IN OFFICIAL RECORD BOOK 2023, PAGE 2224, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA KNOW ALL MEN BY THESE PRESENTS, THAT GRBK OHO SERENOA, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FEE SIMPLE OWNER OF THE LAND DESCRIBED AND PUTTED HEREIN. AS SERENOA PHASE 5, BEING IN INDIAN RIVER COUNTY, FLORIDA, HAS CAUSED SAID LANDS TO BE SURVEYED AND PUTTED AS SHOWN HEREON AND DOES HEREBY DEDICATE AS FOLLOWS 1) STREETSANDRIGHTSOF-WAY ALL STREETB ANO�IG1rt5-0F-WAY BROWN ONTHISPLAT AREHEREBYOECLAREDTOBEANDSHALLREMAINPPoVAM T YAREDEDIGTEDTOSEREG N HOME OWNERS ASSOCIATION,INC AFLORIDANOT FOR PROFIT CORPORATON, FOR THE USE AND BENEFIT OF TIE OWNERS AND RESIDENTS OF THIS SUBDIVISION SAID STREETB AND RIGHTSOF-WAY SHALL BE THE PERPETUAL MANTENMAE OBUGATON OF SERENOA HOME OWNERS ASSOCIATION INC AMP BLIC AUTHORITIES, INCLUDNG BUT NOT LIMITED TO POLICE, FIRE, AMBULANCE, INDIAN RIVER COUNTY MOSQUITO CONTROL DISTRICT. AND UTILITY PROVIDERS SHALL HAVE THE RIGHTTO USE THE STREETS IN THE COURSE OF PERFORMING THEIR RESPECTIVE DUTIES, AND THE STREETS AND RIG— -WAY SHALL ALSO SERVE AS AN EASEMENT FOR UTILITY PROVIDERS THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SHALL HAVE NO RESPONSIBILITY. DUTY OR UABILITY WHATSOEVER REGARDING SUCH STREETS 2) CONSERVATION EASEMENT TRACTS E 18 R CONSE SHOWN ON THS PLAT ARE DEDICATED IN PERPETUITY TO THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RNER COUNTYFLORIDA FOR THE PURPOSE OF PRESEP.VAnON OF UPLAND NATIVE VEGETATION IN ACCORDANCE WITH INDIAN RIVER CODE JM.05 AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF SERENG HOME OWNERS ASSOCIATION INC 3 UTILITY EASEMENTS THE TENAN EASEMIEP� SHOWN ON THIS PUT ARE DEDICATED IN PERPETUITY TO INDIAN RIVER COUNTY FOR THE CONSTRUCTION INSTALLATION,ORDINANCES MAIN REN MATIONS OPERATIONBEUTILITIES FROM TIME UTILITY PROVIDE INCL UDI MA GBLCOMMISSIONE COMMISSIONERS IN CIVET NCEWITHSUCAORDINACES OF R ANDREGULATIONSASMAY BEACOPTED FROMTME TO TMEBYTHE BOARD OFCOUNTY COMMISSIONERS R INDIAN RIVERCOUNTY,FLORIDA FRONT YARD UTILITY EASEMENTS ARE SUBJECT TO THE RIGHT OF EACH LOTTO HAVE A DRIVEWAY FOR INGRESS AND EGRESS AS APPROVED BY THE COUNTY. 4) INAGEEASEMENTB Tib INAGEINAGE EASEMFNfS, AS SHOWN ON IHS PLATARE DEDIUTED IN PERPETUITY TO, AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGTONOF SENENOAHOMEOWNERS MSSMMPT.IW.FORCONSTRUCnONANDMAINTENANCEOFDRAINAGEFAUUTES,AIAINDIANRIVERCOUNTYISGRANTED THE RIGHT TO ACCESS. USE AND ORNN INTO THE DRAINAGE EASEMENTS AND ALSO GRANTED THE RIGHT, BUT HOT THE OBUGTON, TO PERFORM EMERGENCY MAINTENANCE ON SAD DWJNAGE EASEMENTS. IN WITNESS WHEREOF, ME ABOVE NAMED LIMITED UABILITY COMPIWY HAS CAUSED THESE PRESENT M M SIGNED BY ITS MANAGER )IIS OAY OF , 2018 WITNESS BY. PRINTEONAME ORBK OHO SERENG, LLC, A FLORIDA LIMITED PRINTEDNAME LIMIUTYCOMPANY ACKNOWLEDGMENT TO CERTIFICATE OF DEDICATION STATE OF FLORIDA COU NTY OF INDIAN RIVER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF .2018 BY WILLIAM W HANDLER, MANAGER OF GRBK GHO SERENOA. LLC, A FLORIDA LIMITED LIABILITY COMPANY, WHO EXECUTED SAME ON BEHALF OF AND WITH THE AUTHORITY OF SAD ENTRY AND WNO IS PERSONALLY KNOWN TOME OR HAS PRODUCED AS IDENTIFICATION. NOTARY PUBLICCOMMISSION R. PRINTED NAME MY COMMISSION EXPIRES. SEAL. ACCEPTANCE OF DEDICATIONS COUNTYOF INDIAN RNER SERENOA HOME OWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, HEREBY ACCEPTS EACH AND EVERY DEDICATION TO IT CONTAINED ON THIS PLAT AND ACCEPTS THE MAINTENANCE RESPONSIBILITY FOR THE STREETS AND RI HTS -OF -WAY, CONSERVATION EASEMENT TRACTS E. I AND R AND DRAINAGE EASEMENTS. —M BY WITNESS' WILLIAM N HANDLER, PRESIDENT PRINTED rvAME SER ENOA HOME OWNERS ASSOCIATION. INC. CLERKS CERTIFICATION COUNTYOF INDIANRIVER I, JEFFREY R. SMITH, CLERK OF ORCUT COURTANO COMPTROLLER OF INDAN RIVER COUNTY, FLORID, DO HEREBY CERTFY THAT I HAVE EXAMINED THIS FLAT OF SERENG PHASE 5, AND THAT IT COMPUES WITH ALL THE REQUIREMENTS OF CHAPTER 171 FLORIDA STATUTES, AS AMENDED. THIS PLAT FILED FOR RECORD THIS —.F 2018 AND RECORDED ON PAGE OF PUT BOOK IN TH 0FFICE OF THE CLERK OF GRCUIT COURT OF INDIANIVi�ER COUNTY, 1-1— BY: DEPUTYCLERK OF URCUT COURT INDAN RNER COUNTY. FLORIDA COUNTY SURVEYOR'S CERTIFICATION D BY THE UNDERSIGNED PROFESSIONAL Sl1RIND AIAMAPPER EMPLOYEDBYTHEBOARDOFCOUNTY COMNERS MISSIORNER COUNTY FOR CONFORMITY TO THE REQUIREMENTS OF CHAPTER 177. FLORIDAIINDIANSTAMES, AS AMENDED. DATE_ DAVID W SCHRYVER, PSM. FLORIDA CERTFIGTE NO 4884 INDAN RIVER COUNTY SURVEYOR AND MAPPER 5TH STREET SW - REBEL ROAD ACKNOWLEDGMENT TO ACCEPTANCE OF DEDICATIONS COUNTY OF INDIAN RIVER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF .2018. BY WI M- N HANDLER, PRESIDENT OF SERENOA HOME OWNERS ASSOCIATION. INC.. A FLORIDA NOT FOR PROFIT CORPORATION, W-0 EXECUTED SAME ON BEHALF OF AND WITH THE AUTHORITY OF SAID ENTITY. HE IS PERSONALLY KNOWN TO ME OR HAS PRODUCED A6 IDENTIFICATION. MY COMMISSION EXPIRES. COMMISSION NUMBER SEAL CERTIFICATE OF APPROVAL BY BOARD OF COUNTY COMMISSIONERS UnLITY EASEMENTS AND CONSERVAIION EASEMENT TRACTS E. I MID R WERE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS OF INDAN RIVER COUNTY. FLORID. CHNRMANGTIE BOARD JEFFTEYR SMTRCLERKOFTHEGRCUTCOLNTANDCOMPTROLLER BY DEPUTYCLLRK APPROVED AS TO FORM MID LEGAL SUFFICIENCY LEGAL DESCRIPTION: A RA=C2S =LP(♦E2 "" BECTON 24. TOWNSHIP 33 SOUTHFLORIDA. . RANGE 39 EAST. INDIAN RIVER COUNTY, FMORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGIN AT THE SOUTHEAST CORNER OF LOT %, BLOCK 3. OF SERENG PHASE 4 SUBDIVISION, AS RECORDED IN FLAT BOOK 29. PAGE 18, THENCE RUN N00'192TE. A DISTANCE OF 20145 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE SOUTHEAST, THE RADIUS OF WHICH BEARS 589'4033'E, A DISTANCE OF 40.00 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF W'4Z4T, AN ARC DISTANCE OF 47.97 FEET TOA POINT OF COMPOUND CURVATURE. CONCAVE TO THE SOUTHEAST. THE RADIUS OF WHCH BEARS S2T5TSPE. A DISTANCE OF 286500 FEET THENCE RUN NORTHffUSTERI.Y ALONG THE ARC OF SADCURVE THROUGH A CENTRAL ANGLE OF 09'5925 AN ARC DISTANCE OF 4%.55 FEET TO A POINT OF COMPDUNDCURVATJRE CONCAVE TO THE SOUTINNEST THE RADIUSOFWHCHBEARSS1O-S TADISTANCEOF40.0FEETTHENCERUNSOUTHEASTERLYALONGTHEARCOFSAID CURVE THROUGH A CENTRAL ANGLE OF 83'01'11' AN ARC DISTANCE OF 57.%FEET' THENCE RUN SlT5T18'E A DISTANCE OF 489.66 FEET TO A POINTON A NOK) ENT CURVE, CONCAVE TO THE WEST, THE RADIUS OF WHICH BEARS S72'OZ42 W, A DISTANCE OF 190 FEET; THENCE RUN SOUTH ALONG THE ARC OF SAID CURVE THROUGH A CENTRALANGLE OF 41'2315, AN An DISTANCE OF 137.25 FEET: THENCE RUN 55T1954'E, A DISTANCE OF 18612 FEET. THENCE RUN N72'Ob'44E. A DISTANCE OF 289.%FEET, THENCE RUN N1 T511M,, A INSTANCE OF 1175.61 FEET, THENCE RUN S74-21'2TW. A DISTANCE OF 11%.74 FEET, THENCE RUN S00'19 M. A DISTANCE OF 502.57 FEET, THENCE RUN S89'403TE, A DISTANCE OF 172.66 FEET, THENCE RUN S50'SSZSE, A DISTANCE OF 64.11 FEET; THENCE RUN 589.4935E, A DISTANCE OF MI)O FEET TO THE POINTOF BEGINNING SAID PARCEL CONTAINING 1892 ACRES MORE OR LESS. NOTICE: OISTRUCTION, TREES OR SHR UBS WILL BE PLACED IN EASEMENTS WITHOUT COU NTY APPROVAL 2) ROUTINE MAINTENANCE (E G MOWING ETC.) OF EASEMENTS SHALL BE THE RESPONSIBILITY OF THE LOTIPROPERTY OWNER(S) AND NOT INDIAN RIVER COUNTY. 3) THIS PUT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHOR)' SY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. 4) THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS FLAT THAT MAYBE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY 5) PROPERTY OWNERS ARE PROHIBITED FROM PUNTING ANY CARIBBEAN FRUIT FLY AND ASIAN CITRUS PSYLLID (CITRUS GREENING) HOST PLANTS AS SPECIFIED HEREIN AND ARE REQUIRED TOR MOVE THE SAME IF ANY EXISTS. CATTLEY GUAVA, COMMON GUAVA LOQUAT, ROSE APPLE, SURINAM CHERRY, CHINESE BOX ORANGE AND ORANGE JASMINE 6) NO BUILDING PERMIT WILL BE ISSUED FOR ANY PROJECT ON A LOT WITHIN THIS SUBDIVISION UNLESS AND UNTIL THE LOT OWNER, OR THE OWNER'S DESIGNEE. OBTAINS AN INITIAL AND FINAL CONCURRENCY CERTIFICATE FOR THE PROJECTOR PORTION OF THE PROJECT FOR WHICH A BUILDING PERMIT IS SOUGHT. THE LOT OWNER AND HISIHER ASSIGNS ACKNOWLEDGE THAT INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEQUATE CAPACITY WILL EXIST AT THE TIME THE LOT OWNER, OR THE OWNERS DESIGNEE CHOOSES TO APPLY FOR AND OBTAIN SUCH A CONCURRENCY CERTIFICATE 7) COVENANTS, RESTRICTIONS. OR RESERVATIONS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN IN THIS PLAT ARE FILED IN OFFICIAL RECORD BOOK 2023, PAGE 2224, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA 8) THE BUILDER /LOT OWNER SHALL BE RESPONSIBLE FOR CONSTRUCTING SIDEWALKS REQUIRED ALONG HIS LOPS FRONTAGE AS DEPICTED ON THE APPROVED PROJECT PRELIMINARY PLAT AND LAND DEVELOPMENT PERMIT, PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE RESPECTIVE LOT. SURVEYOR'S NOTES 1) THIS PARCEL OPPEARS TO LIE WITHIN FLOOD ZONE'X', PER FLOOD INSURANCE RATE MAP (FIRM) NUMBER 12011900357 H. UNINCORPORATED INDIAN RIVER COUNTY. FLORIDA. MAP EFFECTIVE DATE: DECEMBER 4.2012 2) THE BEARING BASE FOR THIS SURVEY ISS 89.2558'E, ALONG THE CENTERLINE OF 11TH SQUARES W., ACCORDING TO THE PLAT OF SERENOA PHASE 1, AS RECORDED IN PLAT BOOK 21, PAGE 18 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 3) THE HORIZONTAL COORDINATES AND BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901). HAD 63 AND ARE BASED ON INDIAN RIVER COUNTY MONUMENTS 'GPS 47' AND -GPS 48' 4) THE ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM. (NAVD). OF 1988. THE PRIMARY BENCHMARK IS INDIAN RIVER COUNTY MONUMENT 'GPS f45, ELEVATION - 23.65' FEET NAVD 1988 5) PERMANENT REFERENCE MONUMENTS SET ARE P X 4 -CONCRETE MONUMENTS WITH MAG NAIL AND BRASS DISC STAMPED 'PRM HSBS LB (1905 UNLESS OTHERWISE NOTED. 6) PARCEL CORNER MARKERS SET ARE SB' IRON ROD WITH CAP STAMPED HSW LB COOS. 7) TIES TO GOVERNMENT CORNERS AND INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK MONUMENTS CONFORM TO FGGC THIRD ORDER CLASS 1 STANDARDS 8) ALL LOT LINES LABELED (R) ARE RADIAL. SURVEYOR'S CERTIFICATE KN ALL EN BY THESE RBENTS. THAT THE UNDERSIGNED, BEING A PROFESSIONAL SURVEYOR AND MAPPER,LICENSED BY THE STATE OF FLORIDA DOES HEREBY CERTIFY THAT ON AUGUST 10TH, W16 HE COMPLETED THE SURVEY OF THE LANDS AS SHOWN IN THIS FLAT; THAT THE FLIT WAS PREPARED UNDER HIS DIRECTION AND SUPERVISION AND THAT THE PLAT COMPLIES WITH ALL THE SURVEY REQUIREMENTS OF PART 1, CHAPTER 177, FLORIDA STATUTES: THAT SAID PLAT IS A CORRECT REPRESENTATION OF THE LANDS THEREIN DESCRIBED AND PLATTED OR SUBDIVIDED: THAT PERMANENT REFERENCE MONUMENTS HAVE BEEN PLACED AND EACH POP AND LOT CORNER WILL BESET AS SHOWN THEREON WITHIN ONE YEAR FROM THE DATE OF THE FLAT RECORDATION AS REQUIRED BY CHAPTER IP. FLORIDA STATUTES AND SUBDIVISIONS AND PLATTING, CHAPTER 913, AND AN AFFIDAVIT RECORDED WHEN SET IN PLACE AND THAT SAID LAND IS LOCATED IN INDIAN RIVER COUNTY, FLORIDA TIES TO GOVERNMENT CORNERS AND TO INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK MONUMENTS CONFORM TO FGCC THIRD ORDER CLASS 1 STANDARDS DEPUTY COUNTY ATTORNEY DATE CERTIFICATE OF APPROVAL BY COUNTY ADMINISTRATOR CHARLESH. BLANCHARD. P S M. FLORIDA CERTIFICATE NO 5755 HOUSTON. SCHULKE. SMILE, 8 STODDARD. INC. DIB'A DATE MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD SUITE MI, VERO BEACH, FLORIDA 32%0 NASO .BROAN.COV INISTRATpt STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. L.B SI - 00000 905 HOUSTON, S.WV SEAL SEAL SEAL SEAL SEAL 11yO A GRBKGHO CLERK TO THE COUNTY SURVEYOR CHARLES M. CLERKOFTHE PHONEERB SFRENQA LLC BOARDOFCOUNTY AIAMAPPER BLANCHARD. PSM CIRCUTCOURT : ]7J COMMISSIONERS HE I PREPARED BY LERIDWN LAND SURVEY01 MTE OF PREPARAnON I I 5TH STREET SW - REBEL ROAD ACKNOWLEDGMENT TO ACCEPTANCE OF DEDICATIONS COUNTY OF INDIAN RIVER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF .2018. BY WI M- N HANDLER, PRESIDENT OF SERENOA HOME OWNERS ASSOCIATION. INC.. A FLORIDA NOT FOR PROFIT CORPORATION, W-0 EXECUTED SAME ON BEHALF OF AND WITH THE AUTHORITY OF SAID ENTITY. HE IS PERSONALLY KNOWN TO ME OR HAS PRODUCED A6 IDENTIFICATION. MY COMMISSION EXPIRES. COMMISSION NUMBER SEAL CERTIFICATE OF APPROVAL BY BOARD OF COUNTY COMMISSIONERS UnLITY EASEMENTS AND CONSERVAIION EASEMENT TRACTS E. I MID R WERE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS OF INDAN RIVER COUNTY. FLORID. CHNRMANGTIE BOARD JEFFTEYR SMTRCLERKOFTHEGRCUTCOLNTANDCOMPTROLLER BY DEPUTYCLLRK APPROVED AS TO FORM MID LEGAL SUFFICIENCY LEGAL DESCRIPTION: A RA=C2S =LP(♦E2 "" BECTON 24. TOWNSHIP 33 SOUTHFLORIDA. . RANGE 39 EAST. INDIAN RIVER COUNTY, FMORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGIN AT THE SOUTHEAST CORNER OF LOT %, BLOCK 3. OF SERENG PHASE 4 SUBDIVISION, AS RECORDED IN FLAT BOOK 29. PAGE 18, THENCE RUN N00'192TE. A DISTANCE OF 20145 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE SOUTHEAST, THE RADIUS OF WHICH BEARS 589'4033'E, A DISTANCE OF 40.00 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF W'4Z4T, AN ARC DISTANCE OF 47.97 FEET TOA POINT OF COMPOUND CURVATURE. CONCAVE TO THE SOUTHEAST. THE RADIUS OF WHCH BEARS S2T5TSPE. A DISTANCE OF 286500 FEET THENCE RUN NORTHffUSTERI.Y ALONG THE ARC OF SADCURVE THROUGH A CENTRAL ANGLE OF 09'5925 AN ARC DISTANCE OF 4%.55 FEET TO A POINT OF COMPDUNDCURVATJRE CONCAVE TO THE SOUTINNEST THE RADIUSOFWHCHBEARSS1O-S TADISTANCEOF40.0FEETTHENCERUNSOUTHEASTERLYALONGTHEARCOFSAID CURVE THROUGH A CENTRAL ANGLE OF 83'01'11' AN ARC DISTANCE OF 57.%FEET' THENCE RUN SlT5T18'E A DISTANCE OF 489.66 FEET TO A POINTON A NOK) ENT CURVE, CONCAVE TO THE WEST, THE RADIUS OF WHICH BEARS S72'OZ42 W, A DISTANCE OF 190 FEET; THENCE RUN SOUTH ALONG THE ARC OF SAID CURVE THROUGH A CENTRALANGLE OF 41'2315, AN An DISTANCE OF 137.25 FEET: THENCE RUN 55T1954'E, A DISTANCE OF 18612 FEET. THENCE RUN N72'Ob'44E. A DISTANCE OF 289.%FEET, THENCE RUN N1 T511M,, A INSTANCE OF 1175.61 FEET, THENCE RUN S74-21'2TW. A DISTANCE OF 11%.74 FEET, THENCE RUN S00'19 M. A DISTANCE OF 502.57 FEET, THENCE RUN S89'403TE, A DISTANCE OF 172.66 FEET, THENCE RUN S50'SSZSE, A DISTANCE OF 64.11 FEET; THENCE RUN 589.4935E, A DISTANCE OF MI)O FEET TO THE POINTOF BEGINNING SAID PARCEL CONTAINING 1892 ACRES MORE OR LESS. NOTICE: OISTRUCTION, TREES OR SHR UBS WILL BE PLACED IN EASEMENTS WITHOUT COU NTY APPROVAL 2) ROUTINE MAINTENANCE (E G MOWING ETC.) OF EASEMENTS SHALL BE THE RESPONSIBILITY OF THE LOTIPROPERTY OWNER(S) AND NOT INDIAN RIVER COUNTY. 3) THIS PUT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHOR)' SY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. 4) THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS FLAT THAT MAYBE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY 5) PROPERTY OWNERS ARE PROHIBITED FROM PUNTING ANY CARIBBEAN FRUIT FLY AND ASIAN CITRUS PSYLLID (CITRUS GREENING) HOST PLANTS AS SPECIFIED HEREIN AND ARE REQUIRED TOR MOVE THE SAME IF ANY EXISTS. CATTLEY GUAVA, COMMON GUAVA LOQUAT, ROSE APPLE, SURINAM CHERRY, CHINESE BOX ORANGE AND ORANGE JASMINE 6) NO BUILDING PERMIT WILL BE ISSUED FOR ANY PROJECT ON A LOT WITHIN THIS SUBDIVISION UNLESS AND UNTIL THE LOT OWNER, OR THE OWNER'S DESIGNEE. OBTAINS AN INITIAL AND FINAL CONCURRENCY CERTIFICATE FOR THE PROJECTOR PORTION OF THE PROJECT FOR WHICH A BUILDING PERMIT IS SOUGHT. THE LOT OWNER AND HISIHER ASSIGNS ACKNOWLEDGE THAT INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEQUATE CAPACITY WILL EXIST AT THE TIME THE LOT OWNER, OR THE OWNERS DESIGNEE CHOOSES TO APPLY FOR AND OBTAIN SUCH A CONCURRENCY CERTIFICATE 7) COVENANTS, RESTRICTIONS. OR RESERVATIONS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN IN THIS PLAT ARE FILED IN OFFICIAL RECORD BOOK 2023, PAGE 2224, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA 8) THE BUILDER /LOT OWNER SHALL BE RESPONSIBLE FOR CONSTRUCTING SIDEWALKS REQUIRED ALONG HIS LOPS FRONTAGE AS DEPICTED ON THE APPROVED PROJECT PRELIMINARY PLAT AND LAND DEVELOPMENT PERMIT, PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE RESPECTIVE LOT. SURVEYOR'S NOTES 1) THIS PARCEL OPPEARS TO LIE WITHIN FLOOD ZONE'X', PER FLOOD INSURANCE RATE MAP (FIRM) NUMBER 12011900357 H. UNINCORPORATED INDIAN RIVER COUNTY. FLORIDA. MAP EFFECTIVE DATE: DECEMBER 4.2012 2) THE BEARING BASE FOR THIS SURVEY ISS 89.2558'E, ALONG THE CENTERLINE OF 11TH SQUARES W., ACCORDING TO THE PLAT OF SERENOA PHASE 1, AS RECORDED IN PLAT BOOK 21, PAGE 18 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 3) THE HORIZONTAL COORDINATES AND BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901). HAD 63 AND ARE BASED ON INDIAN RIVER COUNTY MONUMENTS 'GPS 47' AND -GPS 48' 4) THE ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM. (NAVD). OF 1988. THE PRIMARY BENCHMARK IS INDIAN RIVER COUNTY MONUMENT 'GPS f45, ELEVATION - 23.65' FEET NAVD 1988 5) PERMANENT REFERENCE MONUMENTS SET ARE P X 4 -CONCRETE MONUMENTS WITH MAG NAIL AND BRASS DISC STAMPED 'PRM HSBS LB (1905 UNLESS OTHERWISE NOTED. 6) PARCEL CORNER MARKERS SET ARE SB' IRON ROD WITH CAP STAMPED HSW LB COOS. 7) TIES TO GOVERNMENT CORNERS AND INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK MONUMENTS CONFORM TO FGGC THIRD ORDER CLASS 1 STANDARDS 8) ALL LOT LINES LABELED (R) ARE RADIAL. SURVEYOR'S CERTIFICATE KN ALL EN BY THESE RBENTS. THAT THE UNDERSIGNED, BEING A PROFESSIONAL SURVEYOR AND MAPPER,LICENSED BY THE STATE OF FLORIDA DOES HEREBY CERTIFY THAT ON AUGUST 10TH, W16 HE COMPLETED THE SURVEY OF THE LANDS AS SHOWN IN THIS FLAT; THAT THE FLIT WAS PREPARED UNDER HIS DIRECTION AND SUPERVISION AND THAT THE PLAT COMPLIES WITH ALL THE SURVEY REQUIREMENTS OF PART 1, CHAPTER 177, FLORIDA STATUTES: THAT SAID PLAT IS A CORRECT REPRESENTATION OF THE LANDS THEREIN DESCRIBED AND PLATTED OR SUBDIVIDED: THAT PERMANENT REFERENCE MONUMENTS HAVE BEEN PLACED AND EACH POP AND LOT CORNER WILL BESET AS SHOWN THEREON WITHIN ONE YEAR FROM THE DATE OF THE FLAT RECORDATION AS REQUIRED BY CHAPTER IP. FLORIDA STATUTES AND SUBDIVISIONS AND PLATTING, CHAPTER 913, AND AN AFFIDAVIT RECORDED WHEN SET IN PLACE AND THAT SAID LAND IS LOCATED IN INDIAN RIVER COUNTY, FLORIDA TIES TO GOVERNMENT CORNERS AND TO INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK MONUMENTS CONFORM TO FGCC THIRD ORDER CLASS 1 STANDARDS DEPUTY COUNTY ATTORNEY DATE CERTIFICATE OF APPROVAL BY COUNTY ADMINISTRATOR CHARLESH. BLANCHARD. P S M. FLORIDA CERTIFICATE NO 5755 HOUSTON. SCHULKE. SMILE, 8 STODDARD. INC. DIB'A DATE MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD SUITE MI, VERO BEACH, FLORIDA 32%0 NASO .BROAN.COV INISTRATpt STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. L.B SI - 00000 905 HOUSTON, S.WV SEAL SEAL SEAL SEAL SEAL 11yO A GRBKGHO CLERK TO THE COUNTY SURVEYOR CHARLES M. CLERKOFTHE PHONEERB SFRENQA LLC BOARDOFCOUNTY AIAMAPPER BLANCHARD. PSM CIRCUTCOURT : ]7J COMMISSIONERS HE I PREPARED BY LERIDWN LAND SURVEY01 MTE OF PREPARAnON SERENOA PHASE 5 A RE -PLAT OF A PORTION OF SECTION 24, TOWNSHIP 33 SOUTH, RANGE 39 EAST ACCORDING TO THE PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION AS FILED IN PLAT BOOK 2. PAGE 25 PUBLIC RECORDS OF ST. LUCIE (NOW INDAN RIVER) COUNTY, FLORIDA COVENANTS, RESTRICTIONS, OR RESERVATIONS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN IN THIS PLAT ARE FILED IN OFFICIAL RECORD BOOK 2023, PAGE 2224, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA CERTIFICATE OF TITLE THE IANDS AS DESCRIBED AIA SHOWNON THIS PLAT ARE IN THE NAME OF GRBK GHO SERENOA. LLC. A FLORIDA LIMITED LIABILITY COMPANY, AND APPARENT RECORD TITLE IS HELD BY GRBK GHO SEREHOA. LLC. AND ALL TAKES HAVE BEEN PAID ON SAID PROPERTY AS REQUIRED BY §197.192. FLORIDA STATUTES, AS AMENDED. THE MORTGAGES. UENS. SECURITY INTEREST OR OTHER SUCH ENCUMBRANCES ARE LISTED BELOW RESERVATIONS UNTO THE STATE OF FLORIDA FOR OIL, GAS, MINERALS, FISSIONABLE MATERIALS AND 200 FOOT STATE ROAD RIGHT OF WAY AS CONTAINED INDEED RECORDED SEPTEMBER 14.1951 IN DEED BOOK 68. PAGE 327, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. NOTE. THE RIGHT OF ENTRY AND EXPLORATION HAS BEEN RELEASED PURSUANT TO $270.11, F.S. RESERVATIONS UNTO THE STATE OF FLORIDA FOR OIL, GAS, MINERALS, FISSIONABLE MATERIALS AND 200 FOOT STATE ROAD RIGHT OF WAY AS CONTAINED INDEED RECORDED JANUARY 3. 11W INDEED BOOK 70, PAGE 341, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA NOTE THE RIGHT OF ENTRY AND EXPLORATION HAS BEEN RELEASED PURSUANT TO 52M.11. F.S. EXPLORATION HAS BEEN RELEASED PURSUANT TO 527011. F.S. CONCURRENCY ACKNOWLEDGEMENT AGREEMENT FOR SINGLE PHASE SITE PLANS AND COMMERCIAL OR MULTIFAMILY PLANNED DEVELOPMENTS AS SET FORTH IN INSTRUMENT RECORDED MAY 16, MIS IN OFFICIAL RECORDS BOOK 1874, PAGE 1650, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. GRANT OF EASEMENT BETWEEN COMCAST OF COLORADOIFLORIDA INC., ITS SUCCESSORS AND ASSIGNS AND SERENOA HOME OWNERS ASSOCATION. INC.. AS SET FORTH IN INSTRUMENT DATED MARCH 28. =)5 AND RECORDED JULY 22, 2005 [NO FICIAL RECORDS BOOK 1907, PAGE 1719, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA RESTRICTIONS, DEDICATIONS, CONDITIONS, RESERVATIONS, EASEMENTS AND OTHER MATTERS SHOWN ON THE PLAT OF SERENOA PHASE 1, AS RECORDED APRIL 25, 2006IN PLAT BOOK 21, PAGES) 18 THROUGH 27, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA RESTRICTIONS, DEDICATIONS, CONDITIONS, RESERVATIONS, EASEMENTS -OTHER MATTERS SHG- ON THE FLAT OF SERENOA PHASE 2, AS RECORDED NOVEMBER 21, 20141N PLAT BOOK 27, PAGES) 8 THROUGH 11. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA RESTRICTIONS, DEDICATIONS, CONDITIONS, RESERVATIONS, EASEMENTS AND OTHER MATTERS SHOWN ON THE FLAT OF SERENOA PHASE 3, AS RECORDED SEPTEMBER 25, 20151N PLAT BOOK 27, PAGE(S) 36 THROUGH 38. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA RESTRICTIONS. DEDICATIONS. CONDITIONS. RESERVATIONS, EASEMENTS AND OTHER MATTERS SHOWN ON THE PLAT OF SERENOA PHASE 4, AS RECORDED JULY 21, 20171N PLAT BOOK 29, PAGE(S)18 THROUGH 22. OF THE PUBLIC RECORDS OF INDIAN RNER COUNTY, FLORIDA RESOLUTION 2014-014 OF INDIAN RIVER COUNTY, FLORIDA RECORDED IN OFFICIAL RECORDS BOOK 2742. PAGE 1772. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA EASEMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 2734. PAGE 375 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA DECLARATION OF COVENANTS, CONDITIONS. RESERVATIONS AND RESTRICTIONS OF SERENOA SUBDIVISION, WHICH CONTAINED PROVISIONS FOR A PRIVATE CHARGE OR ASSESSMENTS, RECORDED APRIL 25, 20081N OFFICIAL RECORDS BOOK 2023, PAGE 2224 AS MODIFIED BY THAT CERTAIN FIRST AMENDMENT TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF SERENOA SUBDIVISION RECORDED MARCH 25,2W9 IN BOOK 2329. PAGE 2089 AS MODIFIED BY THAT CERTAIN SECOND AMENDMENT TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF SERENOA SUBDIVISION RECORDED JUNE 2, 2011 IN OFFICIAL RECORDS BOOK 2502, PAGE 733, AS MODIFIED BY THAT CERTAIN THIRD AMENDMENT TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF SERENOA SUBDIVISION RECORDED JULY29,N 31N BOOK 2690. PAGE 2275, AS MODIFIED BY THAT CERTAIN FOURTH AMENDMENT TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF SERENOA SUBDIVISION RECORDED NOVEMBER 21, 20141N BOOK 2894, PAGE 1741: AS MODIFIED BY THAT CERTAIN FIFTH AMENDMENT TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF SERENOA SUBDIVISION RECORDED SEPTEMBER 29,2D1 5 IN BOOK 2880, PAGE 2246. AND AS ASSIGNED BY THAT CERTAIN ASSIGNMENT OF DEVELOPER'S RIGHTS RECORDED FEBRUARY 7. 20121N OFFICIAL RECORDS BOOK 2853, PAGE BOG ALL OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE. LIMITATION OR DISCRIMINATION BASEDON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 360HC) BILL OF SALE DATED AUGUST I0, 2006 AND RECORDED AUGUST IT,- IN OFFICIAL RECORDS BOOK 2069. PAGE 237. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BILL OF SALE DATED AUGUST 21, 2017 AND RECORDED AUGUST 31.2017 IN OFFICIAL RECORDS BOOK 3053, PAGE 237, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA ASSIGNMENT OF DEVELOPER'S RIGHTS DATED APRIL 26, 2018 AND RECORDED APRIL 27. 20181N OFFICIAL RECORDS BOOK 3111, PAGE 1994 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. MORTGAGE,ASSIGNMENT, SECURITY AGREEMENT AND FIXTURE FILING RECORDED APRIL 27,20181N OFFICIAL RECORDS BOOK 3111. PAGE 20530E THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA TITLE NOW VESTED IN: GRBK GHO SERENOA LLC. A FLORIDA LIMITED LIABLITY COMPANY BY' DATE: BURRY G. SEGAL. ESOURE FLORIN BAR NUMBER: 79723 BARRY G. SEGAL, PA. MORTGAGEE'S CONSENT COUNTY OF THE UNDERSIGNED HEREBY CERTIFIES THATIT IS THE HOLDER OF A MORTGAGE UPON A PARTCF THE PROPERTY DESCRIBED HEREON AND DOES HEREBY JOIN IN AND CONSENT TO THE MDICATON OF THE LAND OESCRIMO IN SNDMU TIONSYTHEOWNERSTHEREOFANDAGREESTHATITS MORTGAGE,DENSOROTHERENCUMBRANCES REWRDED IN OFFICIAL RECORDS BOOK 3111, PAGE 2053.0E THE PUBLIC RECORDS OF INDIAN RNER COUNTY, STATECFFLORIMSHALLBESUBORDINATEDMO DEDICATIONSHQ HEREON. TIE UNDERSIGNED DOES HEREBY JOIN IN MDCONSENT M THE MCIARATON OF COVENAMS. CONDITIONS AND RESTRICTq S FOR SERENOAPHASE5(COLLECTIVELYREFERREDTOAS9ECLARA-)ANDAGREESTHATITSMORTGAGE.DENS OR OTHER ENCUMBIRPNCES AS REFERENCED HEREIN ABOVE SHALL BE SUBORDINATED TO THE DECLARATIONS IN WITNESS WHEREOF, THE SAID UMITED LABILITY COMPANY HAS CAUSED THE PRESENTS TO BE SIGNED BY TS PRESIDENT WTH THE AUTHORITY $O TO DO THIS My OF 2018 VATIVESS PRINTEDNAME BY' WITNESS. RICHARD CASTELLO, PRESIDENT PRINTED NAME' ACKNOWLEDGMENT TO MORTGAGEE'S CONSENT STATE OF TEXAS COUNTY OF THE FOREGOING INSTRUMENTWAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,2018 BY RICHARD COSTELLO. PRESIDENT OF JBGL BUILDER FINANCE, LLC ON BEHALF OF SAID LIMITED UABUTY COMPANY. HE/SHE IS PERSONALLY KNOWN TO ME OR HAS PRODUCED AS IDENRFICATON. NOTARY PUBLIC COMMISSIONNO.: EXPRATIONDATE SEAL: PREPARED BY, CHARLES iLES K BNNCHARD PAIM755 WRlDMN LAND SURVEYORS 6905 SERENOA PHASE 5 A F E- TAT OF A PORTION OF SECDON 24. TOWNSHIP 3.3 SNIH. RANGE 39 EAST ACOOROMG TO THE PUT OF MOAN RIVER FARMS CO EAY SURIV9ON AS FEED N RAT BOOK 2. PATE 25 PUBIC RECORDS OF ST. LUTE (NOW MAN RIVER) COUNTY, FLORIDA COVENANTS, RESTRICTION, ORM3RVAlIONS AFFECTING THE OW ERW OR 115E OF THE PROPERTY WON N THIS RAT ARE FILED N OFFICIAL RECORD BOON 2023. PACE 7134. OF THE PUBIC RECORDS OF INDIAN! RIVER COUNTY. RMA. \ I 14 13 4,.k GRAPHIC SCALE 40 0 20 4080 -160 I I b ,F WL ) It. SHEET LAYOUT KEY MAPS ABBREVIATIONS CA. - CENTRAL ANGLE OF CURVE R - RADIUS OF CURVE L - LENGTH OF CURVE L - DELTA OF amE CH SRG - CHORD OF CURVE. DIRECTION ON.- CHORD OF CURVE. LENGTH R/W - REGHT-OF-WAY CL - CExTERINE SEC - SECTION P. - PUT BOO( O.A - OVERALL PWA - PERMANENT REFERENCE MONUNFNT PCP - PERMANENT CONTROL PONT (OA) - OVERALL P.RIRGF. - PUBUC RECORDS OF MOAN RIVER COUNTY FLORIDA PA S.LC.F. - PUBLIC RECORDS OF ST. ONCE COUNTY. DM ILDA LFLF.W.GD. - NDIAN RIVER FARMS WATER CONTROL DISTRICT (R) - RADIA. (NR) - NOT RADIAL FD - FOUND CM - CONCRETE MONUMENT MONUMENT LEGEND INSET PERMANENT M39EXCE MONUMENT (PMA) o PAROL CORNER MAKER SET 5/eREBAR AND CAP 1B-8905' • PERMANENT CONTROL POINT SET PARER KALON NAR R DISK 'PCP -LB -6905' 015 LAKE MAINTENANCE EASEMENT CORNER NO CORNER SET. FOR REFERENCE ONLY PREPARED BY CHARLES N BIANGWD, PSAW5755 MERMO PREP&RYEYOi5N16 DATE OF PRFPARATION. TOM18 274 SERENOA PHASE 5 A RE -PUT OF A PER RON OF SECTION 24 TOWNSHIP U SOUTH. RANGE 39 EAST ACCORDING TO THE PIAT OF ROM RMB FARMS COMPANY SUBDIVISION AS FILED IN RAT BOOK L PACE 25 KOM RECORDS OF ST. CODE (NOW ROM RIVER) COUNTY. FLORIDA COVENAIM RESTRCBONS, OR RESERVATIONS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN IN THS RAT ARE FRED IN OFRDAL RECORD BOOK 2023 PAGE 2224 OF THE PUBLIC RECORDS OF DEAN OVER COUNTY. FLORIDA. ------ ------ ------ _ - _ - -'- _ - _ _ - 1 INDIAN RIVER FARMS WA7ER CGW7ROL D/S7RlCT ti SOU7H RELIEF CANAL �^ 250' WIDE CANAL R/W II I S742777'W 1166:74(O4J' I I I L-54KRT' >s.YY6'.H' R-ipSG 471$PM CT/ Do, 90' 82 d-12riY e`I1751 J d. [ �Y/.1j• '�N' ql ff 8 8 •A�"Ats• c5, o O N [or I'T e-17ST1)r- d-)fz3l �� V F7DY SYA'/,1/♦F S 50' PRYYAIE R �l9E12'4w7rLPAysz�'u [x[x1 �L 9h L�T2A � _ _ loC � \•tea •,$• �� "1 -rzA9• , r um;yp [OlJ NR 7lOr/70 40h.. 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FLORIDA I.RF.W.GD. - INDIAN R`hR FARMS WATER CONTROL DISTRICT (R) - RADIAL (NR) - NOT RADAL FD - FOND ON - CONCRETE MONUMENT MONUMENT LEGEND MSET PERMANENT REFERENCE MONUMENT (PRN) a PARCEL COMER MARKER SET 5/6 -ROAR -AND CM -LB-6905- PERMANENT CONTROL POINT SET PARKER KALDN NAR 9 DISK TW -LB -6905 015' LAKE MAINTENANCE EASEMENT CORNER NO CORNER SET, FOR REFERENCE ONLY PREPARED BY CHARLES H BIANCHARO, PSM5n55 MERIOl4NLANOSURVEYORS6S05 DATE OF PREPARATDN. NIY16 SERENOA PHASE 5PLAT BOOK A RE -PLAT OF A PONOON OF SECTION 24. TOWN" DD SOUTH, RANGE 39 FAST ACCONMNG TO 111E PLAT OF MAN MV FARMS CONPARY SU11I AS MEG N PIAT BOOK 2, PAM 25 PUSUC RECORDS OF ST. LUCIE (NOW MOAN RIVER) CO NW. FLORIDA PAGE COVENANTS• RESIIECOOIS, OR 1113 TVATONS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHONII N THIS PLAT ARE FLED N OFFIOAL RECORD BOOK 202J, PAGE 2224. OF THE PU91C IECO✓fl5 O' INDIAN RIVER OKINW. FLORIDA DOCKET NO 9REET LAYOUT KEY MAPS I I MATCHLINE—B LOT1P98 is' LAKE I 70' 4",k MAINTENANCE FdSLMCDU—�1 I / EASEMENT .�GRAPFTIC SCALE PLAPAG�ila 29• I LOT 1751%1 Z N 1 • _ RN £NBT 111 LOT 117 8 ^; l I I L mon n e ) EL I 9 LOT J19 IZA � I � NOT A PART OF THIS PLAT N z� r I m I ill LOT 128/$1 EXISTING SERENOA PHASE 4 8 PLAT BOOK 29. PAGE 18, PUBLIC RIRECORDS INDIAN VER COUNTY, FLORIDA. 1 LOT 117 181 10' UTRTTY / I I 181 I I �A°FE/ENT / a i TRACT C- SIZINWA I& M AsE�T------------- -jo MWENCIA ryI 76.9,719 SF. (618 ACJ A a 1Q ABBREVIATIONS 2 �~ LOT 119 I81 I / D R. - RACENTRAL ANGLECURVE OF CURVE 2I / RADIUS OF CURVE 2'f' 2 a 1v1 LOT 124 $ L - LENGTH OF CURVE I 1 _ DELTA OF DIRK •P 4g 1 / T ON BIG. - CHORD OF DL - PoGIICNOWOF DMVE. LENGTH TO 4x4 CM I P I RAN - T -OF -WAY ` snTn'�z'N r9a112' (RJ _ _ 1 g LB#6�'LOT 119 1 ( SE - mICFaNE oa SEC - SECTION -,123 P8 - RAT BOOK C, gy MFy� I IF'' l LOT IPJ 1 80' O.A. - OVERALL A %NI I� I olv / Bo PRM- PERM ENT REFERENCE MONt11ENT OR '�., —w I I 10 / P - PERMANENT CENTRO. PONT yv OA OVERALL a` o VA(1ry ' 71Cb)RJ P.RI.RCF. - PUBLIC RECORDS OF MDM RIVER AM COUNTY FLORIDA Mks W I I _~ $ ` �I 1 P.RSLCi. - I PUBLIC REOOROS OF ST. DE COUNTY FLORIDA ` \QQo ,(��� o �(.� "0 Yd�y/v �/ / / / `ol /� S r� S \ \ ` \\a� -�a�Y•� gSJ o`��.�0� r�i'''P. V✓' �1iCj' , 1 10 ; 31'T (/ � '4l r ,J7F � � `i - ` �I I LF•W-.INDIAN VER FARMS WATER CONTROL ISPoCT (R ROAL NOT RADIALfor (HIT) EDFOUND CONCRETE MORNENT t4 i MONUMENT LEND Lo7Tj/ x ,9,r RI SET PERMANENT REFERENCE MONUMENT (ROA) n PARCEL CORNER MARKER SET sA AND CAP "LB-6906'Ds' V,4 F ••A(WW-CC"' 1 • PE7KAANENT ENT CONTROL NTROL PRIM SET PARKER KALON NAL R DISC 'PCP -LB -II 015' LAKE MAINTENANCE EASEMENT COMM o 'fes • �b A'Y/111�i .r I I NO CORNER SET, FOR REFERENCE ONLY k?N7PD3 i+< 199.86 FD 4,4 CIA I 'PRY 1R�905 I .. t j1, p! ` /\ ENACT F I r`J' '�' [pYSENVAI/CN I I PREPARED ffY CNARCIN LAND UAE P5MGM R/Yh I I 1 MENOIPN UNf15VRVE1'IXi$fi905 � �JP o. /�� NOT A PART OF THIS PLAT HATE DF PREPAtulroN mllfi VV `� % /`ss�' EASTINC SERENOA PHASE 4 1 HOUSTON, SCHULKE BIITLE, 8 GTODDARD, INC. D/B/A \\ j�' `T 8000 RIVER COUNTY, FLORIDA. RECORDSI& pUEUiC MAN i MERIDIAN y\ / 1 1 ) 111E M�AN�0.TVFRNLWIERDSLUTE X11 VFRO BEACH,FL11960LBM- 5 lf5 PHONE TTL -]941111, FAC' 111-)9i-1096 L RMAII, �R69R �seusovlR xPT Se-re.oa Phase CONTRACT :FOR CONMUCTION E , OF REQUIRE® UPROVEMENTS NO. SD -13-11-04 (98110046-w81384) THIS CONTRACT, made and entered. into this 31st day of aul'y . .1 20fB by and. -between GRSK GHO SERENJOA, LLC, a. Florida limited liability company; hereinafter referred to as "Develqp and INDIA TY, RIVER COUNTY, 6 political subdivision. of the State of 'Florida, by and, through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer, "is' commencing; proceedings to effect a sUbdivision of land within Indian River -County,,'Flonda; and WHEREAS; a final plat 1 . at of the subdivision Within the unincorporated area of Indian River, County shall not be recorded until the Developer has installed the required 'improvements or has guaranteed to the satisfaction of the County that such improvements will, beinstalled, and WHEREAS, Developer requests the approval and .recordation of a -certain plat to be known as Serenoa Phase 5,and WHEREAS, the, required improvements are to be. installed after recordation of this plat underg uarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the partiesagree as follows.: - I Developer agrees to construct on or before .August 14; 2019, In a good: and workmanlike manner, those. improvements described as follows: See Exhibit "A" Attached hereto or, otherwise required by the Indian River County Code .in connection with the approval of said plat. A copy of the plat shall "be recorded in the Public, Records of Indian. River County, Florida. upon the final -approval of the Board of -County Commissioners -and made a part hereof' for all purposes. 2, ' Developer agrees to -construct said improvements 'strictly Jn- aecordornce with the land development permit, the most recent get. of plans and specifications for this subdivision approved by the County and on file in the Planning 277 and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all. of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this. .contract, Developer shall simultaneously herewith furnish an executed cash deposkand escrow agreement, Ia form to be approved by the County Attorney, between Developer and the Indian River County Office of Management and Budget, as the escrow agent, in the amount of $130,505.04, which amount is not less than one hundred twenty-five ,percent (125%) of the estimated total cost of'improvements remaining to be constructed, as determined in accordance with the County's Subdivision and :Platting Ordinance.. It. is understood. that the full amount of the escrow deposit shall remain available_ to the County and shall not be reduced during the course of .construction. Developer may at any time substitute guarantees, subject to the .approval as to form and amount by the County. 4. Developer agrees to indemnify, hold -harmless, and defend the County against. anyacid all claims, damages, losses, and expenses, including attorney's fees, for property damage., personal or bodily injury, or loss of life, arising, from the negligent acts or omissions of the Developer, its officers, employees, agents; or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements, in an amount of up to $1,000,000.0.0, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements:, including all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk, bikepath, lighting, signalization,, traffic control, drainage, water, or sewer improvements:. 5. The County agrees to approve the plat for recordation in the. Public Records of Indian .River County, Florida upon a finding as to compliance with all applicable -provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However; nothing herein shall be -construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed. Developer shall remain responsible for utility meter boxes to be in good repair and not covered with topsoil, concrete or impervious material for the 1 -year maintenanceperiod commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works. Director or his. designated representative, after receipt of a signed and sealed Certificate of Completion from the project -engineer of record. Once the 278 required improvements are completed, to the satisfaction of County, Developer acknowledges that Developer is responsible for. posting a 1 -year warranty for road and drainage improvements as well as utility facilities, :if applicable, in the amount of. 25%0 of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will needto be entered into. The funds posted under this Contract for Construction of Required Improvements will not be .released until the applicable 1 -year, warranty postings and appropriate warranty :agreement and bill(s) of sale are in. place. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the. Indian River County Code,: the Developer, as principal, and the funds in escrow deposit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain, as a result. of the failure- of Developer to cavy out and execute all provisions of this contract and .applicable ordinances of the County. 7. The parties agree that the County at its option shall have the right, but not the obligation, to .construct and install or, pursuant to receipt- of competitive .bids, cause to be constructed. and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the cash deposit (or -any County approved substituted guarantees) for the final total cost of the improvements -and warranty. Developer shall remain wholly liable for any resulting deficiency, should the cash deposit (or any County approved substituted guarantees) be exhausted prior to completion ofthe required improvements. In- no event shall the County be obligated -to expend public funds, or any fund other than -those provided by the Developer to construct and warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed Serenoa Phase 5, 'for purposes of completing the required improvements. If `any portion of the. property is sold by Developer, Developer acknowledges that the granting of this .permission will 'be preserved and recited in -any document, transferring title to Developer's successor and/or assigns. 8. Any cash deposit '(or any County approved substituted guarantees) provided to the County by Developer with respect to this contract .shall exist solely for the use and benefit of the County and shall not be -construed or intended in any way, expressly or impliedly, to benefit or secure payment to .any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services -for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding -of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned 279 herein. This agreement shall :not be assigned without -the: express: written approval: of" the County.. Any amendment, deletion, moIfication, extension, or revision hereof OrL hereto shall be in writing, executed :by. authoAmd -representatives of both parties.. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and .year first above written. WITNESSES: sign-, print nam sign: print name: j APPR0VLDAS..T0 FORM I ' . AND LEG�A. �SUFFI,'2 W By. William K. DeBFaal Deputy County Attorney GRBK GHO SERENOA, LLC, a Florida limited liability 4otftpah- . eager DEVELOPER BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUIKTY, FLORIDA M Jason County istrator COUNTY Authority Resolution No. 2005-121 projected,130C plat. approval dafe: August 14, 2018 4 280 Sershoa Phase 6 Site Devetopment'Construction Cost Estimate For Final Plat Surety WATER SYSTEM UNIT QUANTITY UNIT PRICE TOTAL COMPLETED _ PRICE 6"•Water Main LF 1982 S 1322 $ 25656.00 -90.0045 $ 23,09D.'40 MJ Flttin s LS 1 $ 1.620.00 $ 1,820.00 .90.00% $ 183&00 Sin a Servios _ _FA 9 $ 1,264.00 $ 11 76.00 90.00% S 10,2X40 Double Service EA 18 $ 1,532.00 $ 27 576.00 90.00% S 24 818.40 Flre rent'w/ Gate Valve EA 2 $ 3,800:00 Z 600.00 90.00% $ 6,040.00 6" Gale Valve w/ Bok EA 1. $ --1,256:00 1,255.00 90.001A $ 1 '129.50 6" Bell Retraints LS I 1: $ 3,168.00 $ 3166.60 90.00% $ 851.20' SANITARY. SEWER Subtotal S 78,461.01 Subtotal S 70,605.90 Manholes 0 - 6 EA 4 S . -3310.00 13 240.00 90.00% S^ 1 t 916.00' Manholes 6-8 EA 1 $ .4110.00 S 4110.00 90.00% 5 3699.00 Manholes 8 -10 EA 2 $ 4,616.00 $ 9,230.00 90.00% $ 8307.00 8" Sewer Main LF 1-789 S 19.00 $ 33,99f.00 90.00% $ 30M.90. Laterals - Single Services EA 7 S 1,355.00 $ 9,485.00' 90.00% S wt1;53&60 Laterals - Double Services EA 20 ,S 1755.00 S 35;100.00 90.00% 31590. PAVING & GRADING Subtotal S 106186.00 Subtotal S 94640A0 Mobilization LS 1 $ 5000.00 S' 6000.00 100.00% S 5;000.00 M.O:T. LS 1 $ 750.00 $ '750,00' 100.00% 5 750.00 Sih Fence LF 6,130 1.95 . S 10 003.50 75.00% S T 502.83 Inlet Protection EA 7 $ 200.00 $ 1400.00 75.00% S' 1050 00 PavingSub rade SY 5,133 S 3.00 $ 15399.00 90.00% S 1&859.10 6" C ulna Base SY 4;277 $ 10.00 S 42.7T7.00, .90.00% S 38,499.30 1-1/Y"As halt SY 4 77 $ 10.19 $ 43574.00 90.00% S 39 16.'80 ModiOed Miami Curb LF 3,850 $ 11.00 $ 42 350.00 90.00WIS 38115:00 Grading LS 1 IS 30500.00 A. 30500.00 1 90.00%16 27450.00 Sod 2' EO . SY 900 $ 0.19 17-1.00 0.00% i V SW Along Common Areas LF 98. $ 21.00 $ 2058.00 0:00% $ Testing LS 1 $ 3,200.00 $ 3200.00 .90.00% $ .2 880.00 Pavement Marldnas & Si ns LS b $ 1,000.00 $. 1000.00 _ _0.00% $ Lot Stab(Iaation EA 48 $ 40.00 $ 1.920'.00' 0.00% S Subtotal S 200,102.80 STORM DRAINAGE - Subtotal $ 174,322.63 Miami Inlet EA 8 1 $ 1.920.00 IS, 17,520;00 9D.00% S 15.768.00 Stom, Manhole EA 1 '$ 2 2.00 $ 2 222.00 .9D 1 S .1.999.80 15" AOS LF 800 $ 25.00 $ 20000.00 .90.001A $ 18 000.00 Testim LS 1 500.001$ 500.00 90.00% S 450.00 LANDSCAPE! IRRIGATION Land (3,978 SF of Tract O Subtotal . $ 40 242.00 Subtotal $ 3621T.80 Wax Myrfle 3 oal EA 16 9.00 $ '144.00 0.00% $ Slash Pine 7 aal FA 16 $ •30.00 $ 480.00 0.00% 5 • Live Oak 5 aal FA T. $ 30.00 $ '180.00 0.0096 S - Cabbage Palm 115 EA 6 $ 160.00 S 960.00 0.00% $ • 'Saw Palmetto 1 gal FA' 1 208 Is 7.00 S 1,456.00 0.00% $ Landsca 12,357 SF ofTract.l • Wax e 3 gal EA 50 $ 9.00 $ 450.00 - 0.00% $ Slash Pine 7 aal FA 50 $ 30.00 S 1;500.00 o.bo% $ Live.Oak 5 nal FA 1.7 $ 30.00 .S 510.00 0.00% $ • CabbagePalmll& EA 17 $ 160:00 $ 2,720.00 0.00% $ Saw Palmetto 1 Aal EA 645 $ 7:00 S 4;515.00 0.00% S Littoral Landsca a 25 87 SF of Northern Tract G • Lf ttoral Canopy Trees EA 51 125'.00 $ 6,375.00 0.0046 $ • FireFla BR .. EA 1250 - $ .2.09 •$ 2,612:24 0.00% $ • Giant BuhushBR EA 4250 2.09 S 2'612.24 0.00% $ • Spike Rush BR EA 1250 $ 2.09 2,612.24 0.00% $ _ •- Duck Potato BR -EA 1250. $ -2-09 S 2,612.24 0.00% $ PIckerehveed BR EA 1250 $ 2.09 'S 2,612.24 '0.00% S • Soft Rush SR FA 4 250 S 2.09 $ 2612-24 0.00% S • Sand Cordgrass l gal EA 1185 $ 3:92 1 S 4'642.85 0.00% $ Littoral Landscape 4,174 SF of Southeastam Tract G • Littoral Canopy Trees FA 9 125.00 $ 1,126.00 0.00% $ • Flre Flog BR EA . 210 $ '2.09 $ 438.86. 0.00% S • Giant Bulrush BR EA 210 $ 2.09 $ 438.86 0.00% $ • S Ike Rush SR EA 210 $ 2.09 $ 438.86 0.00% S • Duck Potato BR EA 210 2.09 $ 438.86 0.00% S • PickerehWed SR EA 210 . ' $ :2.09 $ 438.86 0.00% S • Soft Rush BR EA 210' $ 2.09 $ -438.88 0.00% $ •. Sand CoM rasa 1 al EA 490 S 3.92 $ 1 919.83 Lake PeAmeter Can Trees E A 16 $ 250.00 $ 4000.00 0.00% S Irrr ation (Tempore LS 1 $ 2000.00 :$ .2,000.00 0.00% $, it Subtotal 1.$ 51,284.281 Subtotal 0.00 EXHIBIT- "A" s` c 7 JZ, 7/11 7 JV71Iq .Nle Curge� Page 1 of 2 281 I 4, - my 71t'Vt ' I TOTAL 1 $ 535.010,7611 TO—TA[ 1 $ 104A04.03 1125% PorformaFfice, Amount $ 130,506,041 CERTIFICATE OF COST ESTIMATE I,Joseph *.,tchW* AFlodda"fsteied'eNinser,uden-goNa. 47048,,db,hireby,'ceMfyto lrtiganRiver CmmtyMao�estimate has bftil,pTp ered-un rrrry respo those Improve ltemlzpd)n this ex,hibit and that the total cost estimate for said Innprovements iS pre( 'bythe counity0fa $ ��,,�T riihast:�6n wfK in part to induce epprovil final PjAwthia 8 oa `5 0.6jectand for -the purpose, of astabiming proper surety er 1117,. P.Sl F1al3a Registered Eriglrtee'r Uoense No. 47048 (AFF 282 Page 2o!z Serenoa Phase 5 CASH DEPOSIT AND ESCROW AGREEMENT THIS AGREEMENT is entered 'into .this 31 st day of . July , 20181 by and between GRl3K GHO SERENOA, LLC, a Florida ho iited liability company, the owner of the property being _platted as Serenoa Phase 5 (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY): WITNESSETH: WHEREAS, Developer is effecting development of land within Indian River County and is required to provide security supporting a contract with the County for the construction of certain required improvements related thereto.; NOW, THEREFORE, in consideration of the agreements, promises; and covenants set forth herein, and other good and valuable considerations; the parties hereto agree as follows: 1. The Developer has tendered to the County Office of .Management and Budget (Escrow Agent) the sum of One Hundred Thirty Thousand Five Hundred Five and 04/100 Dollars ($130,505.04), the receipt whereof is hereby acknowledged, which sum shall be held in. escrow by said Office,. subject to the terms, conditions -arid covenants of this escrow agreement as -assurance that Developer shall perform in all respects the obligations set forth in. the aforementioned Contract for Construction of Required improvements, which agreement is attached hereto and incorporated herein by reference (Contract). 2. Upon completion, the Developer may obtain a disbursement from the escrow account by making a written request to the Board of County Commissioners of Indian River County through the County's Public Works Director. The request shall specifythe amount 'of disbursement desired and shall be- accompanied by a_ sealed certificate. from Developer's engineer describing the work completed, the actual cost thereof, and that the workfor which disbursement is requested has- been completed in. accordance with County policies for construction as those policies relate to location, method, and type of construction. 3. Disbursement shall occur only after issuance of a Certificate of Completion in accordance with the Indian River County Code. 4, Within seven (7) working days after receipt of a disbursement request, :the Public Works Director shall cause an inspection of'the work for°which payment is sought. If the Public Works Director is satisfied in all respects with the work, the accompanying cost estimates and certifications, the Public Works Director shall deliver a written notice to disburse to the County -Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to the party that posted the funds, or its legal representatives, successors or assigns, absent bankruptcy, court order; dissolution or:an assignment. 283 5. Upon default by Developer under th_ a Contract, the County may elect to pursue -any of the remedies made available therein. All funds remaining to the escrow account at the time default is declared by the County shall be .available: for use by the County in accordance with the Contract. Said funds shall be .disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has defaulted under the Contract and that said funds are necessary to complete the required improvements. All funds disbursed to County in excess of the final amount determined necessary by the County to complete the required improvements -shall be returned to the party that posted the funds, or its legal: representatives, successors or assigns, absent bankruptcy; court order, dissolution or a.n assignment. 6. Any interest earned during the term of .escrow, less administrative expenses, shall be disbursed at close of escrow. 7.. The funds deposited hereunder exist solely for the protection,. use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit orsecure payment to any contractor, subcontractor, laborer, materialman, architect; engineer, attorney or other party providing labor, material, supplies, or services for construction of the required improvements, while such: funds remain subject to this escrow agreement, unless -and until the County shall agree otherwise in writing, The County shall. `not be liable 'to .any of the aforementioned parties for -claims against the Developer or contractor relating to the required improvements. 8. This Agreement, together with the attached Contract, is the full and complete understanding of the parties and shall not be -construed or amplified :by reference to any prior agreement, discussion; or understanding,' except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereon or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals.. The date of this agreement shall be the date of approval by the County, as first stated above. GRBK GHO SEIRENOA, LLC, a Florida limited liability, company 0 Manager Developer 284 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER. 'CORNr(,.FLORIDA 0 OFFICE OF MANAG.EMENTAND BUDGET By: Michael Smykowski, OMB Director APPROVED ASTOFORmAND, LE FFICI YW-. YMJ William K. raa Deputy County Attorney Ad County Authority: Re.so[Uti0h No. 2005-121 285 Invoice Date P0*---'- Job PH5 1 YR Bo 7/30/2018 SER PH5 I Yr Improvement Bond f 130,505.04 0.00 $130,505.04- GRBK GHO HOMES, LLC ;e Invoice Date PO 9 PH5 1 YR Bo 7/30/2018 Vendor Indian River Coun'ty- Date 713012018 U6scription '.,Invc'Amou'hf SER F51-15 1 -Yr Im'provement Bond f 130.505.04 2368- wets-" Net Pa 0.00 $130,505.04 -:E y ICU E I N --f E JUL 31. 2018 COUNTY ATTORNEY'S OFFICE - INDIAN RIVER COUNTY, FLORIDA g� BOARD MEMORANDUM CONSEN TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Natural Resources Manager SUBJECT: Release of Retainage - Work Order No. 7 Morgan & Eklund, Inc. 2018 Beach Profile Monitoring Surveys (SUMMER) DATE: August 1, 2018 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board approved a contract with Morgan and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the Contract on October 18, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. On June 19, 2018, the Board approved Work Order No. 7 to this contract for services related to semiannual hydrographic surveying (beach profile) for the countywide shoreline monitoring program. Specifically, Work Order No. 7 was for summer 2018 beach profile surveys in the amount of $57,750 and included 3 separate tasks and 3 separate project accounts. To date all tasks are 100% complete. The total amount of retainage withheld under Work Order No. 3, over 3 separate accounts, is $5,775. Task 1: Summer 2018 Sector 3 Beach and Dune Restoration Proiect Post Construction Monitoring Survey (R -15-R-60) Task 1 totaled $25,300. The total amount of retainage withheld is $2,530. Task 2: Summer 2018 Sector 7 Post Construction Monitoring (R -97-R-108) Task 2 totaled $6,600. The total amount of retainage withheld is $660. Task 3: Summer 2018 Countywide Beach Monitoring (R-61— R-96 and R-109-11-119) Task 3 totaled $25,850. The total amount of retainage withheld is $2,585 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@28263CDF\@BCL@28263CDF.docx 287 Page 2 BCC Agenda Item August 14, 2018 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage will be provided from three (3) separate retainage accounts. Task 1: Summer 2018 Sector 3 Beach and Dune Restoration Proiect Post Construction Monitoring Survey (R -15-R-60) The total amount of retainage withheld is $2,530, Account No. 128-206002-05054. Task 2: Summer 2018 Sector 7 Post Construction Monitoring (R -97-R-108) The total amount of retainage withheld is $660, Account No. 128-206002-05079. Task 3: Summer 2018 Countywide Beach Monitoring (R-61— R-96 and R -109-R-119) The total amount of retainage withheld is $2,585, Account No. 128-206002-01024. RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage under Work Order No. 7 in the amount of $5,775. ATTACHMENT M&E Invoice No. Ret 2028, 2032 APPROVED AGENDA ITEM FOR: AUGUST 14, 2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@28263CDF\@BCL@28263CDF.docx 288 ^.. S &E Morgan & Eklund, Inc. 4909 US Highway 1 Phone: 772-3BB-5384 Vero Beach, Florida 32967 Fax: 772-38®-3165 July 17, 2018 Indian River County Attn: W. James Gray, Jr. 1801 2711' Street, Building A Vero Beach, FL 32960 FINAL Invoice #: Ret 2028,2032 Commission #: 35135-9 Work Order No. 7 Contract No. 1605 128-206002DSQS ®s253o - spcToe 3 IN b CE_(28-206ta01-OSpq;66p-SPITM�! —I Z$ -2c6CV 2-09024 ' fz-95- orggz rfO- r. ii RE: Invoice for Summer 2018 Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-15 to R-119 (105 Lines) k j: Retainage Due Inv #1-18-2028 $25,300 less 10% Retainage .......................................$ 2,530.00 4 Retainage Due Inv #1-18-2032 $32,450 less 10% Retainage $ 3,245.00 Total Invoice Amount Due ....................... ................................$ ... . No TfE: 3 WARWE JECA r A"()AT-S �60VE 1DG Terms: Net 30 Days *Please remit payment to ozn• neiv address: 4909 US Hig1m ay J, Vero Beach, FL 32967 5,775.00 7- L' :M INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 24, 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: Approval of Blue Goose Construction Work Authorization 2018-004: "12th Avenue SW Water Service Replacement" DESCRIPTION AND CONDITIONS: On June 19, 2018, the Board of County Commissioners (BCC) approved Work Authorization (WA) 2018-004 for Blue Goose Construction (Contractor) to replace water service along 12th Avenue SW. The project is complete, and the Contractor has submitted a final pay request. ANALYSIS: The project was completed within the approved budget. Project costs are summarized in the table below. The amount due the contractor for this first and final pay request is $2,309.75, which includes labor and contractor - purchased materials. See attached application for payment. FUNDING: Funds for this project are derived from the Renewal and Replacement (R&R) budget in the operating fund. The operating fund budget is derived from water and sewer revenues. ACCOUNT NAME Original Approval Additions or Deletions Final Cost 1— Labor Expense: $ 2,113.13 $ (53.38) $ 2,059.75 2 — IRC Direct - Purchased Materials and Miscellaneous Fees: $ 1,531.11 $ (210.41) $ 1,320.70 3- Contractor Purchased Materials I- $ 250.00 $ 250.00 Totals: 1 $ 3,644.24 $ (13.79) $ 3,630.45 The amount due the contractor for this first and final pay request is $2,309.75, which includes labor and contractor - purchased materials. See attached application for payment. FUNDING: Funds for this project are derived from the Renewal and Replacement (R&R) budget in the operating fund. The operating fund budget is derived from water and sewer revenues. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Water Distribution R&R 47126936-044699 $ 3,630.45 RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize final payment to Blue Goose Construction in the amount of $2,309.75. ATTACHMENT(s): 1. Final Application for Payment (3 pages) C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@783C3D35\@BCL@783C3D35.docx 290 Contractor's Application for Payment 12th Street SW Water Service Replacement Application for Payment No. 1 - FINAL For Work Accomplished through the period of 06/29/18 To: Indian River County Utilities From: Blue Goose Construction PO No. WA 2018-0042 Project No.: BG 1345 2 Net change by Change Orders and Written Amendments (+ or _ _C_ontracto_r P_urch'ased Material 3 Current Contract Price (1 plus 2): 4 Total completed and stored to date: 5 Retainage (per Agreement): 0% of completed Work: _k% of retainage: Total Retainage: 6 Total completed and stored to date less retainage (4 minus 5): 7 Less previous Application for Payments: CONTRACTOR'S CERTIFICATION: $ 2,309.75 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, l 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. Dated -? f Z (,-- i ) g STATE OF FLORIDA COUNTY OF ST LUCIE Bv: (CONTRACTOR �fmusbead by an Officer of tha rporalion) Greg Hampton - Controlfer Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared ", who being by me first duly sworn upon oath, says that he/she is the e_of the CONT TOR 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 al of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this _(pday of,� Ve- iL Vh n 6�- is personally known to me or has produced as identification. NOTARY PUBLIC: Printed name: Commission No.: p•..TERESAGORMAN Commission Expiration: =;:` ;. MY COMMISSION#FF945828 •o: '�er22,2019 ' ,��,`,oFfl�•`' Bonded TttN Notary Public Undemuters Page 1 Pay AD09cation 1 Indian River County Utilities 12th Street SW Water Service Replacement WA No. 2018.004 216.1345 Item No. Description City Unit Unit Price Scheduled Value Previous Application Amount Quantity Total .. This Period Quantity r Total Total Completed Quantity Total 18k Install Water Service - Double Long with 1" meter and box 1.00 EA $450.00 $ 450.00 1.00 450.00 1.00 450.00 181 Install 2" PVC Service Casing 1.00 EA $400.00 $ 400.00 1.00 400.00 1.00 400.00 18i Insall water sery Ice double long with 2" saddle and corp stop at 1.00 EA $600.00 $ 600.00 1.00 600.00 1.00 600.00 26b Install or replace existing service meters (connect customer side 1.00 EA $250.00 $ 250.00 1.00 250.00 1.00 250.00 86A Lawn Restoration (Topsoil & Sod) Includes Watering 50.00 SY $2.25 $ 112.50 71.00 159.75 - 71.00 159.75 91 Mobilization, Demobilization, MOT (based on 1095 Labor Cost): 1.00 LS $200.00 $ 200.00 1.00 200.00 1.00 200.00 Contingency 1.00 LS 100.63 100.63 •'t2;i13.13 Material Sod (Contractor Purchased) 1.00 LS 250 n250:00 1 1.00 250.00 1.00 250.00 Total $ 2,363.13. $_ $ 2,309.75 $ 2,309.75 Amount Completed to Date 2,309.75 Retainage @ 0% Total Completed & Stored Less Retainage 2,309.75 Less Previous Payment Amount Due Contractor 2,309.75 292 424 22nd St Sewer Lateral Confidential Page 2 NAIL FARMS, INC. 4430 Nail Farm Rd. MELBOURNE, FL 32934 (321)254-6746 thesodfather@aol.com Invoice 27778 BILL TO Blue Goose Growers 1900 Old Dixie Highway DATEPLEASE _ AY Fort Pierce, FL 34946 07/02/2018 JOB DESCRIPTION Pickup ACTIVITY OTY RATE AMOUNT Floratam 1 150.00 150.00T Pallet Bahia Pallet 1 100.00 100.00T Thank you for your business! SUBTOTAL 250.00 TAX (7%) --W-S9— TOTAL 5p--0 TOTAL DUE $�C�ZSb THANK YOU. „q,( APPROVED By Terri Gorman at 11:41 am, Jul 05, 2018 216202.6315 A2161345 '"Please make note of our new mailing address.'" 293 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 8y TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andy P. Sobczak, Infrastructure Project Manager SUBJECT: Award of Bid No: 2018062 Sebastian Corners Roof Replacement Project DATE: August 1, 2018 DESCRIPTION AND CONDITIONS In 2017, Indian River County purchased an existing commercial plaza, known as Sebastian Corners, located at 1919 US 1 in Sebastian as the future location for the County's North County Offices. The commercial plaza was constructed in 2001 and the existing roof is original to the building. Since the roof has surpassed its functional lifespan and needs to be replaced to avoid potential failure and leaks, on February 13, 2018, the Board of County Commissioners approved WO#4 with REI Engineers, Inc. to design a roof replacement. Following REI's completion of design for the new roof, the project was advertised and a bid opening was held on June 27, 2018. Two (2) qualified bids were received for the project, a detailed tabulation of the bids is on file and available for viewing in the County Engineering Division. The two successful bidders and their respective bids are as follows: The Roof Authority, Inc. $382,000.00 Atlantic Roofing II of Vero Beach, Inc. $388,627.45 The Roof Authority, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $ 382,000.00. This bid is above the engineer's cost estimate of $360,000.00. Upon checking references, County Staff, in coordination with REI Engineers, Inc. staff, has determined that The Roof Authority, Inc. has successfully completed similar construction projects both on time and at budget. FUNDING The Sebastian Corners Roof Replacement Project is included in the Capital Improvement Element approved by the Board of County Commissioners on December 5, 2017, and F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1765 Sebastian Corners Roof Replacement\1-Admin\Agenda Items\Award of Bid\IRC-1765_AOB_20180725.doc 294 Page 2 Award of Bid No: 2018062 Sebastian Corners Roof Replacement August 14, 2018 BCC Meeting $350,000.00 is currently budgeted in FY 17/18 for this project in Optional Sales Tax/Facilities Management/ N County Offices at Sebastian Corners/Account No. 31522019-066510-17018. A budget amendment from Optional Sales Tax/Cash Forward -Oct 1st will be required to fund the remainder of the project. RECOMMENDATION Staff recommends that the project be awarded to The Roof Authority, Inc. in the amount of $382,000.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance, and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION The Roof Authority, Inc. Atlantic Roofing II of Vero Beach, Inc. APPROVED AGENDA ITEM FOR AUGUST 14, 2018 295 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1- WORK.................................................................................................................................2 ARTICLE 2 - ARTICLE 3 - ARTICLE 4 - ARTICLE 5 - ARTICLE 6 - THEPROJECT.........................................................................................................2 ENGINEER........................................................................................................... 2 CONTRACT TIMES ................................ ................... ��......................... 2 t j CONTRACT PRICE ....................... ...................................................................... 3 PAYMENT PROC''EDTjii S .......................................................................................... 3 ...........................\W\, .....\\ ........................................................... 5 ARTICLE 7 - INDEMNIFI ARTICLE 8 - CONTRACT ARTICLE 9 - CONTRACT ARTI 'S Us ..... riON..................................................................... 5 ............-............................................................................... 6 ........................................................................................... 7 fTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI @BCL@783C6782,% 00520-1 C:\Users\IegistaMppDala\Local\Temp\BCL Technologies\easyPDF 8\@BCL@783C678B\@BCL@783C678B.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 covenants hereinafter set forth, agree as follows: � ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified\o\indicated in the Contract Documents. The Work is generally described as follows: . PROJECT DESCRIPTION: REMOVAL AND REPLACEMENT OF\EX/STING' L�W SLOPE ROOF SYSTEM AT INDIAN RIVER NORTH COUNT y OFFICES AT SEBAST/AN,CORNERS WITH A COMPLETE WATERTIGHT 20 -YEAR WARRANTABLE ASSEMBLY -11 ARTICLE 2 - THE PROJECT 1 2.01 The Project for which the Work\\uhder,the Contract'DDocuments may be the whole or only a part is generally described as follows:-,\ Project Name: SEBAST County Project ,0, Bid Number: 20180,62 Proiect Address: ,1919 L 3.01 /REI -Engineers, Inc. Vis'herdinaftef-dal led the ENGINEER and will act as OWNER's representative, assume all diatie's)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. 4.01 Time of 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 45th 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 60th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages @BCL@783C6782.K 00520-2 C:\Users\legistar\NppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@783C678B\@BCL@783C678B.doc 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 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $ 1241.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $ 1241.0.0 � for each calendar day that T. expires after the time specified in paragraph 4.02 for compl'etion and) readiness for final payment until the Work is completed and ready for final payment` / ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for compel fion ofthe Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01:A�and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject toga' ditions a d deductions provided in the Contract: Numerical Amount:$. Written,Amount:�`� 6.01 Submittal and Processing of Payments A. CONTRACTOO. R shall submit Applications for Payment in accordance with Article 14 of the General;'Conditions. Applications for Payment will be processed by ENGI� Rjas 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 (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has @BCL@783C6782.98 00520-3 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@783C678B\@BCL@783C678B.doc expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress- payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of^units completed. After fifty percent (50%) completion, and pursuant/to�Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit\a spay request to the County as OWNER for up to one half (1/2) of the retainage held,by the County as OWNER, and the County as OWNER shall promptly make payment to'the CONTRACTOR unless such amounts are the subject(cf\a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05; or otherwise the subject of a claim or demand by the County --as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that -where such\retainage ismattributable to the labor, services, or materials supplied b�y,one or more subcontractors or suppliers, the Contractor shall timelyremit payment of\such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive\ mmediate written notice of all decisions made by CONTRACTOR to withhold\retainage on�any subcontractor at greater than five percent (5%0) after fifty percent (5013/i6) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. � `` 6.04 Paragraph6.02 and 6.03,do not apply to construction services work purchased by the County as OWNER whic�'are paid for, in whofb-or in part, with federal funds and are subject to federal grantor lawsand~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 governedbythe applicable granttrequirements and guidelines. 6.05 �A�ceptance-ofFn�e-�\lPaymentasRelease. 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 @BCL@783C6782.99 00520-4 C:\UsersVegislar\AppOala\Local\Temp\BCL Technologies\easyPDF 8\@BCL@783C678B\@BCL@783C678B.doc 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding 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, �prog ress, 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 theNW\ork. /) D. CONTRACTOR has carefully studied all:---,(1,)reports,\,of explorations and tests of subsurface conditions at or contiguous to the Site and all` rawings of,physical conditions in or relating to existing surface or subsurface )structures,,at\or contiguous to the Site (except Underground Facilities')\whic 4ave/been identified in the Supplementary Conditions as provided in paragrapfi\4.02 of�the ,General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions_ as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obta ni ed and carefully studied (or assumes responsibility for having done so) all additional orsupplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contigu us.to the Site which\may affect cost, progress, or performance of the Work or which relate t-o--any-,aspect-,,of\the means, methods, techniques, sequences, and (procedures of\construction to.,be 'employed by CONTRACTOR, including applying the specific means,\methdds,/techniques, sequences, and procedures of construction, if any, expressly required�bythe 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 Contract Price.,fwith`in 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 the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. @BCL@783C6783.00 00520-5 C:\UsersVegistaAAppData\Local\Temp\BCL Technologles\easyPDF 8\@BCL@783C678B\@BCL@783C678B.doc J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10, inclusive),/ 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclu, 4. Sample Certificate of Liability Insurance (page,00620-1); 5. Contractor's Application for 6. Certificate of Substantial Cc X -6 inclusive ; 11 pages 00630-1 to 00630-2' ,,iriclusive); 7. Contractor's Final Certification of,the Work (pages 00632-1 f'600632-2, inclusive); 8. General Conditions (pages 00700-1t o`00700`44, inclusive); 9. SupplementaryConditions (pages 00800-1 to.00800-11, inclusive); 10. Contractor's Application\for Change`Order,�Field Order and Work Change Directive (pages, 00942,1, 00946=1 and 0094.8-1); 11. Spe (D 1',2. Drawings ;Jisted in Division 1 (General Requirements) and Project Manual to 2, Division` Division 4, Division 6 and Division 7); ring of a cover sheet and sheets numbered R1 to R2 and D1 to D2, with -.each -sheet bearing the following general title: SEBASTIAN CORNERS ROOF REPLACEMENT-- 13. Addenda (if applicable ); 14. Appendices -to this Agreement (enumerated as follows): 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1 inclusive); 17.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive) ; 19. List of Subcontractors (page 00458-1); @13CL@783C6783.0f 00520-6 CAUsersHegistar'AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@783C678B\@BCL@783C678B.doc 20.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 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 binding on another party hereto wit bound; and, specifically but without Iii that are due may not be assigned effect of this restriction may(6�-e\lin contrary in any written consent�o an the assignor from any duty or res.pon 10.03 Successors and nder`or interests intttie/Contract will be tten'consent of the party sought to be neys that may become due and moneys consent`(except to'the extent that the ►, sand unless\specifically stated to the ,no assignment will release or discharge the Contract Documents. A. OWNER and CONTRACTOR each 'binds itself\its partners, successors, assigns, and legal representatives tc the"other-party hereto, its partners, successors, assigns, and legal representatives -in respect�to all cove nan�agreements, and obligations contained in the Contract Documents. 10.04 Severability A.(Any y A.(Aprovision 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. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance @BCL@783C6783.n 00520-7 C:\UsersVegistaAAppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@783C678B\@BCL@783C678B.doc 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 confiderftiall 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 (n -b -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�reecords`di closurerequirements. If the contractor keeps and maintains public`ecords upon completion of the contract, the Contractor shall meet all applical: e\reequire m\entsffor retainingpublic 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 withKthe information technology systems of the County. � B. IF THE CON RT ACTOR HAS QUESTIONS REGARDING THE APPLICATION OF�`CH.APTER�1�1�9, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TSO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, `CO.NTAVT THE CUSTODIAN OF PUBLIC RECORDS AT:\� x -772) 226=�142�4 kpublicrecordsircgov.com Indian-RivrZ ounty Office of the County Attorney 1-801 27 ,Street Vero Be c ,)FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions @BCL@783C678B.(6 00520-8 C:\UsersVegislar\AppDala\Local\Temp\BCL Technologies\easyPDF 8\@BCL@783C678B\@BCL@783C678B.doc 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 Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: 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: ,e Deputy Clerk (SEAL) Namea'Richard B. Szpyrka•, Title: Public Works Director 1801 27th'NStreet_—� Vero Beach, Florida -32960 (772) 226-1379 \X� Facsimile: (772) 778-939j1 Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * @BCL@783C6783.04 00520-9 C:\UsersVegistar\HppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@783C678B\@BCL@783C678B.doc CONSENT AGENDA: August 14, 2018 Ofce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: August 1, 2018 ATTORNEY SUBJECT: Ratification of Document Executed by County Administrator's Designee, on Behalf of the Board of County Commissioners, Under Authority of Resolution No. 2018-060, Between July 18th and August 13, 2018 North Cypress Reserve Sand Mine completed Phase 1 of its operation and was ready to move into Phases 21) and 2E. The developer wished to transfer the posted restoration security from Phase 1 to Phases 2D and 2E, leaving a shortfall of $5,810.00 which the Developer posted with cash. A Cash Deposit and Escrow Agreement was prepared, executed by the developer, and required the approval of the Board of County Commissioners. Based on Resolution No. 2018-060, authorization was delegated to the County Administrator or his designee to execute all documents necessary to the proper functioning of the County during the period between July 18 and August 13, 2018. On July 24, 2018, the Cash Deposit and Escrow Agreement was executed by the Assistant County Administrator who was the County Administrator's designee under a memorandum of authorization dated July 16, 2018. In accordance with Resolution No. 2018-060, the Cash Deposit and Escrow Agreement is presented herewith for ratification by the Board of County Commissioners. FUNDING: There is no cost to the County associated with this item. REQUESTED ACTION: Approve and ratify the Cash Deposit and Escrow Agreement with regard to the posting of additional monies for Phases 21) and 2E restoration for North Cypress Reserve Sand Mine. /nhm Attachments: Cash Deposit and Escrow Agreement Memorandum of Authorization dated July 16, 2018 305 Phases 2D and 2E CASH DEPOSIT AND ESCROW AGREEMENT FOR RESTORATION RE: NORTH CYPRESS RESERVE SAND MINE SP -MA -06-06-27 (2006030369-53634) THIS AGREEMENT is entered into this 24thday of July, 2018, by and between North Cypress Reserve, Inc., a Florida corporation (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH: WHEREAS, Developer is mining certain property within Indian River County and is required to post security insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site; and WHEREAS, on January 2, 2008, the Developer posted a SunTrust Bank Irrevocable Letter -of Credit No. F851545 in the amount of $169,590.00, representing $155,400.00 as security for compliance of the entire site under the conditions of site plan approval and $14,190.00 for Phase 1 restoration; and WHEREAS, Phase 1 is now complete and the Developer is ready to move into Phases 2D and 2E, and wishes to transfer the $14,190.00 earmarked in the letter of credit for Phase 1 restoration to Phases 2D and 2E restoration'; and WHEREAS, Phases 2D and 2E consist of a total of 20.72 acres, however under current Indian River County Code, only a maximum of 20 acres can be active, leaving the remaining 0.72 acres to be included in Phase 2C when that phase is ready to be excavated; and WHEREAS, the total restoration amount for the 20 acres of Phases 2D and 2E is $20,000.00 of which $14,190.00 is allocated from the SunTrust Bank Irrevocable Letter of Credit No. F851545, leaving a shortfall of $5,810.00; and WHEREAS, Developer has been frustrated with the letter of credit amendment process through SunTrust Bank and does not wish to amend the existing letter of credit to both increase the shortfall and change the phasing, but would rather keep the existing SunTrust Bank Irrevocable Letter of Credit No. 306 F851545 in place AND post $5,810.00 cash to make up the shortfall for the Phases 2D and 2E restoration; and WHEREAS, Developer recognizes that despite the letter of credit not being amended to change the $14,190.00 earmarked in the letter of credit for Phase 1 restoration to Phases 2D and 2E restoration, is agreeable and acknowledges that the $14,190.00 is to now be used for Phases 2D and 2E restoration and if the County needs to call such funds, that the call language would coincide with the language recited in the SunTrust Bank Irrevocable Letter of Credit No. F851545, NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer acknowledges and agrees to the above recitals and they are true and correct. 2. The Developer has tendered to the County Office of Management and Budget (Escrow Agent) the sum of Five Thousand Eight Hundred Ten and No/100 Dollars ($5,810.00), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site restoration. 3. Upon completion of the restoration of each mine phase, the Developer may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County. 4._ Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Developer, at the address specified in the request for disbursement. 5. Upon failure to comply with all the requirements of the site plan approval, including but not limited to unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mining of additional 307 phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve compliance or restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining approval, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Developer, its legal representatives, successors or assigns, at the completion of site restoration, absent bankruptcy, court order, dissolution or an assignment. 6: Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Developer at close of escrow unless necessary for County to utilize in cure of developer's default. 7. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site. 8. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 9. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be ,in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners. 308 Signed in the presence of: sign name: Z � print name: AKV P 2 sign name: _ print --- print name: Date: 7� ��, _ �� NORTH CYPRESS RESERVE, INC., a Florida corporation printed narrie: -�4e—h" T L� title: f BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA B AcA f-1 son E. Brown County Administrator ATTES Jeffrey R. Smith, Clerk of Authority: Resolution No. 2018-060 Circuit 7,rlrd Comptroller By: J Deputy Clerk OFFICE OF MANAGEMENT AND BUDGET By: Michael Smykowski OMB Director APPROVED AS TO FORM AND LEGAL SJCFICIE Y: By: William K. DeBraal Deputy County Attorney 309 1311 NORTH CYPRESS RESERVE, INC. PAYROLL ACCOUNT SUNTRUST ACH RT 061000104 10729 US HWY 1. SEBASTIAN, FLORIDA 32958 63-215-631 7/19/2018 a 0 PAYTHE ORDER F INDIAN RIVER COUNTY O $ ++5,810.00 m Five Thousand -Eight Hundred Ten and 00!100 DOLLARS U INDIAN RIVER COUNTY MEMO // JORTH CYPRESS RESERVE, INC. INDIAN RIVER COUNTY N.CYPR"925361" PA 0 NORTH CYPRESS RESERVE 7/19!2018 1311 5,810.00 5,810.00 310 Office of the INDIAN RIVER COUNTY #�LoR1oP ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator TO: FROM: DATE: SUBJECT: MEMORANDUM County Attorney Office of Management and Budl Finance Department Jason E. Brown, County Admin July 16, 2018 Out of.Office —Personal Leave I will be out of the office on personal leave beginning Friday, July 20`x', 2018, and will return on Monday, July 30`x', 2018. Michael Zito, Assistant County Administrator. will be in charge during my absence. I delegate authority to Michael to approve and execute documents as needed in my absence. 311 INDIAN RIVER COUNTY, FLORIDA UA . MEMORANDUM ti TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andy P. Sobczak, Infrastructure Project Manager SUBJECT: Results for Bid No: 2018069 US Highway 1 Landscaping - South County Line to Oslo Road DATE: August 6, 2018 DESCRIPTION AND CONDITIONS In response to numerous requests from citizens and Homeowner Associations (HOAs) for landscaping along the section of US Highway 1 located between Oslo Road and Highlands Drive SE, on February 7, 2017, the Board of County Commissioners approved Work Order No. 9 with Kimley-Horn & Associates, Inc. to design a landscape plan for US Highway 1. At that time, the Board of County Commissioners also authorized expenditure of$100,000.00from the County's Tree Ordinance Fund as a grant -match fora forthcoming Florida Highway Beautification Council Highway Beautification Grant application. On September 19, 2017, the Board of County Commissioners approved a Resolution of Support for an application to the Florida Highway Beautification Council for a Highway Beautification Grant. Following submission of the grant application, on November 29, 2017, Indian River County received notification that it was one of ten state-wide recipients of the 2018 Highway Beautification Grant. The total grant award to Indian River County is $82,067.90, making the total amount available for the project $182,067.90 (grant award plus $100,000.00 authorized expenditure from the Tree Ordinance Fund). Since one of the Highway Beautification Grant requirements is that projects can only be awarded to Florida Department of Transportation (FDOT) pre -qualified landscaping contractors, the County's Purchasing Division sent the project directly to each of the state-wide FDOT pre- qualified landscaping contractors in addition to the normal advertising procedures. In addition, based on Demandstar records, 21 landscaping contractors downloaded the project plans. The project was advertised for 25 days, followed by a bid opening held in the County's Purchasing Division on August 1, 2018. At the bid opening, no bids were received for the project by the 2:00PM cut-off time for submission. One potential reason for the lack of bids on the project is that the US 1 Highway Landscaping project is relatively small compared to other large landscaping projects associated with the upswing in commercial development state-wide. Another potential reason for the lack of bids is the Highway Beautification Grant's requirement that only FDOT prequalified landscaping contractors can bid on the project. 312 Page 2 Results for.Bid No: 2018069 US Highway 1 Landscaping — South County Line to Oslo Road August 14, 2018 Only two local firms (one in Stuart and one in Fort Pierce) are prequalified with FDOT. Twelve firms that are located between 100-150 miles from the project site are prequalified with FDOT. In an attempt to solicit bids for the US 1 Landscaping project, County Staff will re -advertise the project within the next 30 days Prior to re -advertising, County Purchasing Division Staff will attempt to contact each FDOT prequalified landscaping contractor and solicit information regarding why no bids were submitted. FUNDING The cost to re -advertise the project is $89.96 and funding is available in Secondary Roads/Other Contractual Services/Account No. 10921441-033490. RECOMMENDATION This is an informational item only, no formal action from the Board of County Commissioners is required at this time. APPROVED AGENDA ITEM FOR AUGUST 14, 2018 313 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyMF 8\@BCL@D41FE2D1\@BCL@D4IFEMI.doc Date: July 26, 2018 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: David Fleetwood, Parks Superintendent CONSENT BCC Meeting 8/14/2018 Subject: Fee Schedule Update for Campground Rates at Donald MacDonald Campground & Indian River County Fairgrounds BACKGROUND Indian River County Parks Division currently oversees and maintains two campgrounds in the county. One is Donald MacDonald Campground on Roseland Road and the other is on the Fairgrounds Property which is utilized by applicants and their guests renting the facilities. Donald MacDonald Campground has 25 primitive sites (no utilities) and 5 RV sites with electric and water hookups. The Fairgrounds Campground has 48 RV sites which all have water, sewer and electric hookups. The Fairgrounds also has primitive campground sites that are utilized on a limited basis during events. Both facilities have bath houses maintained by the Parks Division which includes restrooms and showers. ANALYSIS The current nightly rate for primitive sites is $16.62 which includes tax. The current nightly rate for RV sites with utilities is $22.16, which also includes tax. There have been no increases in nightly rates at either of the campgrounds in at least 20 years. Attached is an informal schedule rate study comparing other State, County and private campsites in the area. This study looks at other similar campgrounds from Palm Beach County north to Brevard County, to include Indian River County. The comparison shows that our nightly rates, at the two campgrounds, are significantly lower than the average nightly rates of the campgrounds in the neighboring counties. Staff recommends adjusting the nightly rates to an amount that simplifies cash collection and does not include change and coins (i.e. $20.00 and $30.00). Based on upcoming changes to the tax rate related to commercial rental of facilities, a flat rate that includes tax will eliminate the need to adjust brochures and signage that is posted and advertised to the public each year. 314 Campground Current Rate Proposed Rate Donald MacDonald Campground Revenue* FY 2018-19 Revenue Primitive: $16.62 $20.00 RV: $22.16 $30.00 Indian River County Fairgrounds $48,533.59 $58,240.31 Primitive: $16.62 $20.00 RV: $22.16 $30.00 REVENUE: `Including projected revenue for August -September. RECOMMENDATION: Staff respectfully recommends approval of the proposed rate schedule presented herein. ATTACHMENT: Indian River County July 2018 Fee Schedule Rate Comparison Study APPROVED AGENDA ITEM FOR AUGUST 14, 2018 315 FY 2017-18 Projected Location Revenue* FY 2018-19 Revenue (with increase) Donald MacDonald Campground $48,533.59 $58,240.31 26 primitive, 4 RV sites Fairgrounds Campground $15,000.00 $20,250.00 (48 RV sites) `Including projected revenue for August -September. RECOMMENDATION: Staff respectfully recommends approval of the proposed rate schedule presented herein. ATTACHMENT: Indian River County July 2018 Fee Schedule Rate Comparison Study APPROVED AGENDA ITEM FOR AUGUST 14, 2018 315 Parks Division Agenda Item Attachment - Consent 8/14/18 *Compiled from the websites of each site as of July 18, 2018. The prices are per night rates with taxes and fees included. This comparison is strictly on price, as some of the facilities listed above have more or less amenities than Donald MacDonald Campground & Fairgrounds. Staff recommendation for rate change to Indian River County Fairgrounds Campsites & Donald MacDonald Campground effective October 1, 2018: Primitive site: $20.00** Electric Site: $30.00** **including tax. 316 G�� a * Indian River County Fee Schedule Rate Comparison Study July 2018 Primitive Electric Campground Name County Site Cost* Site Cost* John Prince Park West Palm Beach $33.90 Peanut Island West Palm Beach $31.64 Phipps Park Martin $20.00 $28.00 Jonathan Dickenson Martin $28.12 $28.12 St Lucie South Campground St. Lucie $25.00 $30.00 Savanna's Recreational Area St. Lucie $15.25 $25.25 Manatee Hammock Brevard $28.12 Long Point Brevard $31.22 Wickham Park Campground Brevard $23.52 Sebastian Inlet State Park Brevard $28.00 Sunshine Travel RV Park Indian River $24.00 Vero Beach Kamp Indian River $31.50 $36.50 AVERAGE COST PER NIGHT $24.67 $29.10 *Compiled from the websites of each site as of July 18, 2018. The prices are per night rates with taxes and fees included. This comparison is strictly on price, as some of the facilities listed above have more or less amenities than Donald MacDonald Campground & Fairgrounds. Staff recommendation for rate change to Indian River County Fairgrounds Campsites & Donald MacDonald Campground effective October 1, 2018: Primitive site: $20.00** Electric Site: $30.00** **including tax. 316 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: Scott McAdam, Building Official DATE: August 6, 2018 SUBJECT: Request to Waive Bid Process for Supplemental Building Inspection Services for Fiscal Year 2018/2019 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 14, 2018. DESCRIPTION & CONDITIONS For the past number of years, the County has relied on supplemental building inspection services to handle increased inspection loads even as the County continues to seek hiring additional inspectors. The County does not have existing bid awards with any such companies, and therefore is limited to authorizations of $50,000 per company unless the Board waives the bid process. In November, 2016, the Board waived the bid process for the fiscal year 2016/2017, and in September 2017, the Board waived the bid process for the fiscal year 2017/2018. Because authorizations per company will exceed the $50,000 limit during the 2018/2019 fiscal year, staff is seeking Board approval to waive the bid process for qualified supplemental building inspection service providers for fiscal year 2018/2019. ANALYSIS The Building Department continues to experience a steady increase in permit and inspection activity. This increased demand and the desired level of customer service have created the need for increased inspections which are unable to be met by current staffing. The County has advertised and diligently searched for additional inspectors for the past 36 months, with some success, although a full team of inspectors has not yet been filled. Staff has confirmed that many Florida counties are still in the same difficult hiring situation and some jurisdictions have significant unfilled position vacancies. In fact, supplemental providers are also having difficulty fulfilling demand and it is in the County's interest to have a pool of supplemental providers to use. Staff is currently working on increasing the pool of supplemental providers. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8C2FA965\@BCL@8C2FA965.docx 317 It is anticipated that the County will need to continue relying on supplemental inspection services during the upcoming fiscal year. Accordingly, the County is proposing to budget $769,400 for such services for fiscal year 2018/2019. The County uses the services of GFA International by piggy -backing off of a contract for inspection services with the Town of Jupiter and uses the services of Calvin, Giordano & Associates by piggy- backing off of a contract for inspection services with the City of Cape Coral. The County also uses the services of MT Causley via a purchase order based on an agreement executed by the Building Division dated March 13, 2014. The agreement was extended by the County (ratified by the Board) through September 30, 2018. Anew agreement for 2018/2019 is attached and needs to be approved by the Board. Staff is requesting Board permission to waive the formal bidding process for fiscal year 2018/2019 for MT Causley, GFA International, Calvin, Giordano & Associates, and other qualified supplemental providers as needed. In addition, staff needs the Board to authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and Change Orders for authorized firms up to the available budgeted amount. RECOMMENDATION Staff recommends that the Board waive the bid process requirement for supplemental building inspection services for the 2018/2019 fiscal year; approve the 2018/2019 agreement and amendments with MT Causley; and authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and Change Orders for authorized firms up to the available budgeted amount. ATTACHMENT 1. MT Causley 2018/2019 Agreement and Amendments C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8C2FA965\@BCL@8C2FA965.docx 318 RENEWAL OF CONTRACT FOR SERVICES THIS RENEWAL is made between Indian River County (hereinafter referred to as "County") and M.T. CAUSLEY, LLC— A SAFEbuilt Company hereinafter referred to as "Consulant' The County and the Consultant shall be jointly referred to as the "Parties". WHEREAS, the Parties entered into an Agreement for Supplemental Building Department Services on September 2, 2017; and WHEREAS, the Agreement was effective for an initial term of one (1) year; and WHEREAS, the Agreement provides for the extension of services for a two (2) year period; and WHEREAS, the Parties desire to renew the Agreement for an additional two (2) year period based on the revised Rate Sheet — Exhibit A. NOW, THEREFORE, the parties agree that the Proposal is hereby amended as follows: 1. The term of the Agreement is renewed,, effective September 2, 2018 and will remain effective until September 1, 2020. 2. Services will be compensated based on the revised Rate Sheet — Exhibit A. 3. Consultant reserves the right to increase the hourly rates after one year of the renewal date based on the Consumer Price Index, but no more than 5%. Hourly -rates shall not decrease for the term of the renewal. 4. All other provisions of the Proposal to the extent not modified herein shall remain in full force and effect. IN WITNESS WHEREOF, Parties have executed this Amendment as of the day and year last written below. ATTEST: By: County Clerk Date: �. �Ntilall'OYt-- fit!" WITNESS Date: August 07, 2018 Indian River County — Renewal 2018 INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Board of County Commissioners Date: M.T. CAUSLEY, LLC—A SAFEbuilt Company By: Thomas P. Wilkas, CFO Date: August 07, 2018 319 1 1 Purge Exhibit A Rate Sheet SERVICE STANDARD HOURLY RATE* Flan Examiners (on an as -needed, on-call basis, excluding $88.00 per hour natural disaster events) Inspectors (on an as -needed, on-call basis, excluding natural $88.00 per hour disaster events) Architect and Engineer Services $150.00 per hour Permit Clerks $43.00 per hour Additional Plan Examiners and Inspectors required to $90.00 per hour plus expenses Le, lodging, travel, and provide conduct damage assessment services meals "Services requested for Saturdays and beyond business hours, Monday through Friday will be Invoiced at one and half (1.5) times the standard hourly rate, with a four (4) hour minimum Services requested for US Federal Recognized Holidays and Sundays will be provided a two (2) times the standard , hourly rate, with a four (4) hour minimum Consultant reserves the right to negotiate lodging expenses with the County in the event staff is required to relocate. Travel time will be invoiced to the County for all staff traveling more than one (1) hour each way. 320 Indian River County - Renewal 201 S 2 1 F 0 g� e INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 3, 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: 2018-047: US 1 Air Release Valve and 24" Force Main Replacement Change Order #1: Add Second Air Release Valve DESCRIPTIONS AND CONDITIONS: On May 1, 2018, the Board of County Commissioners (BCC) approved an agreement with contractor Johnson Davis, Inc., (Johnson Davis) to replace an air release valve (ARV) and a portion of the 24" diameter force main at 10595 US Highway 1 near Sebastian. In the time since, County staff discovered a second ARV, located at 10205 US Highway 1, to be leaking and in need of immediate replacement. In addition, staff determined that the temporary 8 -inch diameter by-pass force main should be increased to 12 -inch diameter. A work change directive to increase the by-pass diameter to 12 -inches was issued to Johnson Davis on July 30, 2018. It was also determined that an isolation valve is necessary on the 24 -inch force main, and this construction project is an opportunity for installation. ANALYSIS: The scope of work related to replacingthe second ARV is very similartothe original scope of work. The most efficient way to replace the second ARV will be to have Johnson Davis perform the work under a change order. This will approximately double the cost of the contract, from $124,000 to $252,658.00. This includes the cost of the 12 -inch temporary by-pass force main. The IRCDUS warehouse will direct -purchase the 24 -inch diameter gate valve at a cost of $14,976.60 for installation by Johnson Davis. The total cost of the project will thus increase to $267,634.60. FUNDING: Funding for this 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 US 1 Air Release Valve and 24" Force Main Replacement 47123536-044699-18516 $267,634.60 (continued) C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@783CCAFB\@BCL@783CCAFB.docx 321 Bid #2018-047 US 1 Air Release Valve and 24" Forcemain Replacement CO #1: Add Second Air Release Valve RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Change Order No. 1 to authorize Johnson Davis, Inc. to increase the temporary by-pass force mains from 8 -inches diameter to 12 -inches diameter, to replace a second air release valve located at 10205 US Highway 1 and authorize staff to direct -purchase a 24" diameter gate valve. The total project cost will increase to $267,634.60. ATTACHMENT(s): 1. Change Order No. 1 2. Johnson Davis, Inc. Proposal C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@783CCAFB\@BCL@783CCAFB.docx 322 Change Order #01 PROJECT: US 1 Air Release Valve and 24" Forcemain Replacement DATE OF ISSUANCE: July 31, 2018 OWNER: Indian River County Dept. of Utility Services CONTRACTOR: Johnson Davis OWNER's Project No.: 2018-047 You are directed to make the following changes in the Contract Documents: Add replacement of second air release valve and increase the size of the temporary by-pass force mains to 12 -inches diameter. Reason for Change Order: IRC staff found an ARV immediately south of the subject ARV to be leaking. Since it is imperative that the leaking ARV be replaced it is being added to the contract. This CO essentially doubles the scope of work and cost of the original project. Temporary by-pass force main diameter will be increased to ensure wastewater flow may be maintained. Attachments: See itemized schedule CHANGE IN CONTRACT PRICE: Time Description Amount Original Contract Price $124,000.00 Net Increase (Decrease) $0.00 from previous Change Orders No. (days) Contract Price prior to this $124,000.00 Change Order: Net increase (decrease) of $128,658.00 this Change Order: (days or dates) Contract Price with all $252,658.00 approved Change Orders: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net change from previous Change Orders No.: (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Completion: ACCEPTED: RECOMMENDED: APPROVED: B : By: By: NTTO RACR (Signature) Ut' ties Engineer (Si ature) OWNER (Signature) Date: 5/_:)7((//1 1 Date: A�.C1?4!$ Date: FAUtilities\UTILITY - Engineering\Projects -Capital Projects\18-0125 ARV Replacement -US 1 PAConslructionlChange Orders\00942 -Change Order 01 .docx 00942 - Change Order 01 .docx 00942-1 323 JOHNso:\:0.07s7:vc VI dnurn.r.nlztnf nen•e Y •�-' LIFL NA. FL.QW-164) flfrl,t'r.'r <6f•1xx•Ir'0 /:l\i h41•SlS•f1S: c'f'•[Ulrex" 2S Ju IV. 2015 Project: US 1 Air Release Valve and 24" Forcemain Replacement Date: 28 July, 2018 Bid Did Item Item No, Description I Install & Remove Temporary 8" By -Pass Forcemaln (801f +/•) 2 Install 24" Line Stops 3 Remove Existing 24" DIP and Replace with 24" PVC Forcemain (2011' 4 Remove & Replace 2" ARV & Manhole S Restoration (Sod, Asphalt, Etc.) 6 Public Construction Bond 7 Mobilization 9 Force Account: Change Order n 1 •Bid . Bid Item' 'Item No. Description COI Add: Install & Remove Temporary 12" By -Pass Forcemain (2001f y-, total), includes 4 wet taps, all fittings, restraints, etc. (Two Locations) Cot Add: Install 24" Line Stops CO3 Add: Remove Existing 24" DIP and Replace with 24" PVC Forcemain (2011'+/-) C04 Add: Remove & Replace 2" ARV & Manhole Cos Add: Restoration (Sod, Asphalt, Etc.) Cob Add: Mobilization' to 2nd ARV C07 Delete: 8" By -Pass & Related Sincerely, Nirhard,(. I faUcr I'Pcbjerr e.1,u,xtcl .03 .tJkD ive, Lantana, FL 33462 ^Co..(nict Will, Codidrnce" (S61,1815d023- cell ($61) SSS -1170 -office 15611 Z70-1814 - direct (56 1) 535.5757 -/.J 0he3rr@johnsm,dm1-- Estimated Unit of Unit Total Quantity Measure Price Price 80 LF $25.00 $2,000.00 2 EA $20,000.00 $40,000.00 1 LS $25,000.00 $25,000.00 1 LS 520,000.00 $20,000.00 1 LS $5,000.00 $5,000.00 L LS $2,000.00 $2,000.00 Subtotal: $94;000.00 1 LS 15000.00 S1S,000.00 $15,000.00 Total Bid Amount: $124,000.00 Estimated Unit of Unit Quantity Measure Price 200 LF 2 EA 1 LS 1 LS 1 LS 1 LS •80 LF Total Price $128.29 $25,658:00 $20,000.00 $40,000.00 $25,000.00 $25,000.00 $20,000.00 $20,000.00 $5,000.00 $5,000.00 515,000.00 $15,000.00 $25.00 •$2,000.00 Total CO 1: $128,656.00 Original Contract Price: $124,000.00 Total Chang* Orders: $128,658.00 Now Contract Price: $252,658.00 ,.. AlamntGer.fAt Nd�tnpnbwr•t•npm,tU7J5)•Caone:x6laU1171•i.c Sal•S6S•575)il. 4+ .xinQlllwP rt.Nab,fi.W4J5.4Anv:777dta•47m•rJ•: • 324 Indian River County Utilities Board of County Commission Meeting Agenda Item 8.DD August 14, 2018 Background • Carrollo Engineering Completed Phase I Condition Assessment of North County Forcemain: March, 2016 • Recommendation from the Assessment was to replace the piping within the ARV vault for Site No.2 ASAP and then Site No.4 • Site No.2: Located on the west side of US Hwy 1 approximately 400 -LF south of Schumann Drive • Site No.4: Located on the west side of US Hwy 1 in front of the Whispering Palms Mobile Home Park 8/14/2015 6. DD. .72'1'- 1 8/14/2015 Background • MAY 1, 2018: BCC Approved Award of Contract to Johnson & Davis to Replace ARV at Site No.2 • July 12, 2018: Staff found ARV at Site No.4 leaking • Staff Requested a Change Order from Johnson & Davis Per Purchasing's approval July 17, 2018 4.0 RECOMMENDATIONS In dq near Wlure a physkal ppe coupon win be mnroved hom dm .oriel ditch croasinp Rite 2) rebcatbn lx)ed wig proNdo INormaSon m valmato me llf msfirg Ihkluwss. rave of Flerkr bug, and j;, m1 condition of the pipe wag. Baud on the msuRs of the Phase t—Anion ass•ttm W the fallowing amas aro of concern and meWm aaenton: • Site lueuona No. 2 aad a - Rrylxe me plpin9 oatlrm me vaWm mcmding Na air mlanse vote (No.2 only) ASAP. High poterNal fcrfoaom. • Sites koasons M. 2,/.and 5 -Add esteml pipkgtora mmlmse with—bon filters .Wdde of tho.Wm. Site location No 5. Rehabilitate da pips esmnor to pmWd from conosion. f na mMnle Pump Station - RehaDURam d Me plpsg est dot Maedr2016-DRAFT 15 ♦ v...rw.wo--sN,+an.w*M�psa+wxwtvn ARV @ Site No.2 Recommendations 8/14/2015 ARV @ Site No.4 1. Staff recommends that the Board of County Commissioners approve Change Order No. 1 to authorize Johnson Davis, Inc. to increase the temporary by-pass force mains from 8 -inches diameter to 12 -inches diameter, to replace a second air release valve located at 10205 US Highway 1 and authorize staff to direct -purchase a 24" diameter gate valve. The total project cost will increase to $267,634.60. Zy3 3 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 30, 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: Agreement: Installation of Stand-by Generator at IRCDUS Lift Station 303 Certus Adult Congregate Living Facility DESCRIPTIONS AND CONDITIONS: On October 24, 2017, the Board of County Commissioners (BCC) approved a list of priorities of the 2018 State of Florida legislative session. Item 2.3 of the legislative list was a request to obtain appropriations to offset the expense of needed generators for domestic sewerage lift stations that serve critical care facilities such as assisted living facilities, nursing homes, senior communities and emergency shelters before, during or after hurricane events. The results of the January 9 -March 11, 2018 State of Florida legislative session were presented to the BCC on April 3, 2018, by the County Attorney's office indicating that the generator funding request was eliminated from the State of Florida FY18/19 budget. Certus VRO Owner, LLC (Cercus), is proposing to construct a 64 -bed Adult Congregate Living Facility (ACLF) at 5380 US Highway 1. The proposed ACLF will connect to an existing County sanitary lift station (LS 303) via an existing gravity sewer system that does not have back up emergency power. In accordance with recent legislation that requires generators at nursing homes and other assisted living facilities, Indian River County Department of Utility Services (IRCDUS) is requiring generators to be installed on County lift stations that serve these facilities because of the criticality of providing uninterruptible utility services. ANALYSIS: LS 303 has a service area that includes single-family residential and commercial uses. Since installation of a generator will benefit properties in the service area, IRCDUS has agreed to share the cost with Certus VRO Owner, LLC. The generator will be purchased from Tradewinds Power Corporation per the attached quotation. The cost will be shared as described in the attached agreement (Attachment 2). Funds to share in the cost of the generator for Lift Station 303 have been requested in the Fiscal Year (FY) 2018/2019 Capital Budget. Since the project is in the early stages of development, the generator can be ordered in FY 2018/2019, upon approval of the FY 2018/2019 budget, as presented. Staff plans to order the unit October 1, 2018, due to the required lead time of 16-18 weeks. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Other Equipment 471-166002 $87,574.00 325 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Agreement with Certus VRO Owner, LLC, and authorize the Purchasing Division to issue a purchase order on October 1, 2018, to Tradewinds Power Corp. for $87,574.00, with 50% of the funding paid for by the Indian River County Department of Utility Services and 50% paid from Certus VRO Owner, LLC ($43,787.00). ATTACHMENT(s): 1. Tradewinds Power Corp. Quote 2. Agreement for Lift Station Generator Installation C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@ BCL@ 28260001\@ BCL@2826COOl.docx 326 W AM TRADEWINDS POWER CORP MarsFLnp Sas 600 St. Road 66 - Sebring, Florida 33875 fbner L"ts Tel 863-382-2166 - FAX 863-382-1206 Gyx7&cr ats www.tradewindspower.com . www. perkinspower.com Alamtic SVm 0-71rds TO: Indian River County - Department of Utility Services 1801 27th Street - Building A Quotation # PSMWII 13420 - 125r3 Vero Beach, Fl. 32960 July 16, 2018 Tel: (772)-226-1823 Attn: Mr. Jerry Miller imiIIer(@ircoov.com We are pleased to offer this Quotation as detailed below .,:.Amount: Oescriptlon� Ekh��: :Extehdecl 1 Model TJ11 25 Base Awarded Tradewinds Generator Set under FSA contract 41,173 41,173 No. FSA17-VEH15.0 Spec. No. #71. Up -Grade to Model T125 -TP -FS Tradewinds Total Pac Generator Set 31,231 31,231 72,404 72,404 125 KW (1156 KVA) Emergency Standby 277/480 Volts [reconnectable], 60 Hz, Three Phase, 0.8 Power Factor Amp Load Capacity: 188; Load Bank tested. Perkins Diesel engine, Model 1106D-E66TAG3 TIER 3 @ 1800 RPM complete with 12 Volt Electrics, Radiator & Guard Brushless Single Bearing Alternator with Adjustable Rheostat, Automatic Voltage Regulator & Vibration Isolation Mounts Tradewinds NFPA 110 Digital Instrument/Control Panel with Safety Shutdowns Complete with DC Voltmeter, Hourmeter, Oil and Temperature Gauges Frequency Meter, Ammeter & Voltmeter with Phase Selector Switch, Engine Cool Down Timer, Remote "E" Stop Contacts, Remote Auto Start Control, Low Fuel Level Alarm, Breakers for A/C and D/C, and a Emergency Stop Push Button. Optional Equipment included in above pricing: Battery Rack and Cables Battery Charger installed and wired to duplex electrical box that is wired to incoming service feed with fuses. Stainless Critical Silencer mounted in front of package with vertical discharge Stainless Steel Flex Exhaust Connection Initial fill of oil and antifreeze Water and Oil drain lines with brass ball valves located inside enclosure. Heavy Duty Canister Type Air Cleaner Jacket Water Heater, Thermostatically controlled installed and wired to Duplex electrical box that is wired to incoming service feed with fuses. Step Down Transformer from 480vac - 240vac for generator Battery charger and jacket water heater. 300 gal, Double Wall, UL Approved Subbase Fuel Tank With Leak Detection Mechanical fuel level gauge, low fuel level alarm and sender, internal fuel fill, and all other necessary fittings. Total - Pac Enclosure constructed from a continuous roof, .090 aluminum, White powder coat paint, stainless steel hardware, and keyed alike doors. Generator control panel and Transfer switch controls in single panel A. (1) 200amp, Thompson Open Style Transfer Gen Switch B. (2) 200 amp, Circuit Breaker Type, Service Disconnects Switches, NEMA 4x rated, One mounted on each side of the generator. Full Load Factory test One (1) complete operation and maintenance manual Two (2) year, Standby Warranty Generator total cost: Model 600amp Automatic Transfer Switch Base Award under FSA contract 4,955 No. FSA17-VEH15.0, Spec #75 Down Grade Generator Model IT301-600-FS Tradewinds Generator Set; -4,890 Delete option - IT301-600-FS. This value is deleted from the awarded switch to determine the net cost per amp for the installation ($4,955.00 - $4,890.00 = $65.00) Installation of transfer switch consists of mounting the transfer switch 15 feet away from main power. Installation of generator power, pour pad, set generator set. Note: If additional compaction is required, services will be quoted separately. Size of quoted automatic transfer switch is 400 amps Total cost for install is determined by multiplying size of ATS x cost per AMP. (400 x $65.00) for install. 26,000 Permitting fees, fence work, and power company fees are by others. -10,8301 15,170 15,170 Sub Total, FOB our warehouse, Miami, Florida 87,574 87,574 Onsite Start-up and building load test Inc. Inc. Delivery to Indian River County, Fl. Curbside Inc. Inc. Total 87,574 87,574 State & Local Tax as Applicable i Estimated Shipping date from receipt of order: 16 - 18 weeks Price Validity: 45 days; 15% Cancellation Charge for Restocking. Wire -Transfer: Tradewinds Power Corp Division of Southeast Diesel Corp F/B/O Wells Fargo Bank Acct# 4945741023 ABA# 121000248 Michael Waldron 327 AGREEMENT FOR LIFT STATION GENERATOR INSTALLATION This Agreement for Lift Station Generator Installation (hereinafter "Agreement") is made and entered into on thea`' day of C u , 2018 by and between: CERTUS VRO OWNER LLC, a limited liability company with an address of 1400 Poinsettia Avenue, Orlando, Florida 32804 ("Property Owner"); and Indian River County, Florida, a political subdivision of the State of Florida, located at 1802 27th Street, Vero Beach, FL, 32960 ("County"). Recitals WHEREAS, the Property Owner is developing an Adult Congregate Living Facility with 64 beds ("ACLF") on the property located at 5380 US Highway 1, Vero Beach, FL 32967 (the "Property"), which is described in Exhibit "A"; and WHEREAS, in order for the Property to be developed as the ACLF, a diesel engine, 125 KW generator, or equivalent as determined by the County ("Generator"), will need to be installed at the - County lift station located at 5354 Reserve Drive, on the north side of 53rd Street east of U.S. Highway 1 (the "Lift Station"); and WHEREAS, the County will also utilize the Generator at the Lift Station to serve other County customers who are served by the Lift Station; and WHEREAS, therefore the County and the Property Owner are willing to split the costs of the installation of the Generator for the Lift Station, NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Property Owner and County hereby agree as follows: 1. The foregoing recitals are true and incorporated as if fully restated herein. 2. Installation of Lift Station Generator. The County Department of Utility Services shall install a Generator for the Lift Station. 3. Installation Cost. With respect to the Generator for the Lift Station, the Property Owner shall pay the County for fifty percent of the entire cost to permit and install the Generator for the Lift Station. The estimated cost to permit and install the Generator for the Lift Station is $87,574.00. Property Owner shall pay the County $43,787.00 (the "Deposit") within 30 calendar days of the Effective Date of this Agreement, as defined in Paragraph 12. The County will not begin permitting or installing the Generator for the Lift Station until the County receives the entire amount of the Deposit. Upon completion of the permitting and installation of the Generator for the Lift Station, the County shall provide the Property Owner with the final (actual) cost for the permitting and installation of the Generator for the Lift Station and the Property Owner shall pay to County fifty percent of the additional costs over the amount of the estimated cost set forth above, or $5,000.00, whichever is less, within 15 calendar days after request by the County. Page 1 of 7 ClUsers\mgrierWppData\lAml\Microsoft\Windows\INetCache\Content.Ontlook\3C&PHVQW\Agreemeot for Lift Station Generator. fnal.dom 328 If the cost for the permitting and installation of the Generator is less than the estimated cost, the County shall reimburse the Property Owner fifty percent of the difference between the estimated cost and the final (actual) cost within 30 calendar days of the installation of the Generator for the Lift Station. 4. Unpaid Installation Costs to Constitute Lien. Pursuant to section 153.67, Florida Statutes, in the event that the Property Owner does not pay fifty percent of the entire cost of the permitting and installation of the Generator for the Lift Station, within 90 calendar days of the installation of the Generator for the Lift Station, any unpaid balance thereof and all interest accruing thereon shall be a lien on the Property. Per section 153.67, Florida Statutes, such lien shall be superior and paramount to the interest on such property of any owner, lessee, tenant, mortgagee or other person except the lien of County taxes and shall be on a parity with the lien of any such County taxes. County shall be entitled to seek any remedies set forth in section 153.67, Florida Statutes or otherwise set forth under Florida Statutes. 5. County Improvements. Unless determined otherwise by the County, any and all improvements constructed or installed by the County shall be the property of the County. Additionally, the County shall have the right to utilize the constructed improvements for any and all other purposes. The Property Owner shall not be responsible for operating and maintaining the Generator at the Lift Station. 6. Waiver of Any Right for Reimbursement. Property Owner waives any right it may have to any reimbursement or payment for costs incurred under this Agreement by any third parties. 7. Termination. The County may unilaterally terminate this Agreement upon 30 calendar days' written notice to the Property Owner. This Agreement shall otherwise terminate upon installation of the Generator for the Lift Station. The rights and obligations set forth in sections 3, 4, 6 and 10 shall survive termination of this Agreement. If any title company, third party purchaser, or prospective lender requires evidence of termination of this Agreement, Property Owner and County agree to cooperate and take such further action as is reasonably necessary to evidence such termination. 8. Property Transfer and Recordation. If the Property is transferred, the Property Owner acknowledges that this Agreement will be preserved and recited in any document transferring title to Property Owner's successors and/or assigns. This Agreement runs with the land and shall be enforceable against any grantees, heirs or assigns and may be recorded by the County. If any title company, third party purchaser, or prospective lender requires evidence of satisfaction or release of this Agreement, Property Owner and County agree to cooperate and take such further action as is reasonably necessary to evidence such satisfaction or release. 9. Applicable Law; Venue. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any Page 2 of 7 329 litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 10. Indemnification. Property Owner shall indemnify and hold harmless the County, its commissioners, officers, agents, officials, employees, and subcontractors from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any gross negligence of intentional misconduct of either the Property Owner or any of its respective agents, officers, or employees in connection with the performance of this Agreement. 11. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this Agreement is solely for the benefit of the named parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of any entity or individual not a named party hereto. 12. Effective Date. This Agreement shall become effective upon execution by the Indian River County Board of County Commissioners. Signed in the presence of the following witnesses: sign: J— print name. Q tv- print ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk CERTUS VRO OWNER LLC, a Florida limited liability company By CERTUS RAC TESSIE I LLC, a Florida limited liability company, its Manager By CERTUS SL INVESTORS LLC, a Florida limited liability company, its Manager By CERTUS GP LLC, a Florida limited liability company, its Manager By: Tro n ' rop ner" INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Board of County Commissioners BCC approved: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Page 3 of 7 B DYLAN REINGOLD COUNTY ATTORNEY "County" 330 STATE OF FLORIDA COUNTY OF OE",P- ,.d The foregoing instrument was acknowledged before me this _eday of August, 2018, by Troy M. Cox, Manager of CERTUS GP LLC, a Florida limited liability company, which is the Manager of CERTUS SL INVESTORS LLC, a Florida limited liability company, which is the Manager of CERTUS RAC TESSIE I LLC, a Florida limited liability company, which is the Manager of CERTUS VRO OWNER LLC, a Florida limited liability company, who executed on behalf of and with full authority to do so. , He is either personally known to me or has produced (driver's license or passport) as identification. .ems.. METTAGRIER MY COMMISSION # GG 232060 EXPIRES: June 28, 2022 %? o: d ".• 8onde0 Thru N*bq Pub1Ic Undenartters STATE OF FLORIDA COUNTY OF INDIAN RIVER NOTARY PUBLIC sign: printed name: Commission N Commission E SEAL: : J �.&� —+-00 201 % The foregoing instrument was acknowledged before me this day of August, 2018, by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, who is personally known to me. NOTARY PUBLIC sign: printed name: Commission No.: Commission Expiration: SEAL: Page 4 of 7 331 M x • rr _ t�,• ,;�yy/ f .fir � f , � h ^ »T� � � � `i , Ilk ' ,y t Stir '✓.;t- '' ' r 3:':t . i, - r a� :.'r- r.c3 �" � 1 ii t4 � .�'��y�` +* �'+,�r`..'(t'.r�'tr'+� y'�;/' z�" A r' r� z iK��s�3�"' i � .��;'itis. ''�.�s='•`,�i�;�r � 3 ` a t ,,�+;, "+ • �' i��/�+• -c *ti w` �. .'��i,� +`#" ��+r j fir• f� •,;•k,�,�'t':�`"','2:. '�'' .. f. P J, �,�,,�f'v + H:S _i'I, i ,�,s1 ` ( i� 4 ` / I I '•�'.•.�.TT' ( � � 1 '�,"� ; �' :. `" }'. '� }'" -'�'�� ^ +s,�#yiy i � •.:,a;apff ,� �'.... %`�r bn.� ;�e' �; *sxw*� . '-UPON t :. $// t ' {`� ,��f � ;� � a''. r'' • � �'y , v yr` � `k. �:��,�v£` � ` y, " Y :ri'»� '` ,'s+ `' � ♦� .i _ `� r r ,Y i C` �� \} ^a}t ^ a! 4 ^ +�4'<'j�D^4nx y. ' A •4. \ •.b t M Wit. 'iY/f' t rt� # �u�w;�,. ��� �^ 1, ,4� + � � ` y ` '` 4=, •�''' tt�,�« . ,,"'f � ,� 1✓ii °r ��" V f%`' ; � �y • ,i?,, s+txtr�'��f",� `.ski �'�`�;' �^, V,+'` ; j� ` � � � ? t x s\ ♦� Ar w/# x..» r' I ( ZA:0/110 27 Sol 4K tJim ' '� ipy��� `F •C,«"�«, `� f. ' 2'✓'i.� A Y Y x '1 �� �/� � � * ..r 4 � .,r,vS �� �.((Gy�s�` ,.,,J�/ it ��•} f. I��rr :+~ ''h; �+'� .t A e t" � 3(� r„��"�✓': ,. ���,A - 1. � '�-;xy'•r`..J 'I �l`� .,3„/°''` t.r;. i.= .-7,,� •�,�, 4� , "t +�' '.''�,,.,� t' � �". �i it���.eC�+.» ` ^(t+( f, "����.,.��.A � 4 r`j a \ � ,£k� "tet �"/ t '°t�r � .v' C''j► � V1� E+�+�t, r \ `+* +��' � y� � t y�•`tx a",k?'`p'. \ yt ,+ �. ak ! �,. w� . t '. } ���,C•"'Y�} � � v <„".�� '' � �"°5,�. � � `4.'yz�. .t? „ y m t\ � ,�.-:'�'"j • -'� y '... 'fit' 1 £!'",' � r��a T�`'? � fit' "` , sp i ','� i� . �+ "�'"'. � • � �� � ��y�'Y+� ,�` «t'^« x �� '` of EXHIBIT'A' DESCRIPTION Of PARCEL Al: A PORTION OF PARCEL "A" OF -THE LANDINGS, A COMMERCIAL SUBDIVISION' AS RECORDED IN PLAT BOOK 24, PAGE 40, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL "A° OF THE LANDINGS, A COMMERCIAL SUBDIVISION AS RECORDED IN PLAT BOOK 24, PAGE 40, OF T14E PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, RUN NORTH 62°3420" EAST ALONG THE NORTHERLY BOUNDARY LINE OF SAID PARCEL "A", A DISTANCE OF 594.12 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL "A% THENCE RUN SOUTH 14'54'38" EAST ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL "A A DISTANCE OF 511.48 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY LINE, RUN SOUTH 75`0.522" ;NEST A DISTANCE OF 240.66 FEET; THENCE RUN SOUTH 14°54'38" EAST A DISTANCE OF 5.00 FEET: THENCE RUN THE FOLLOWING FOUR COURSES AND DISTANCES ALONG THE COMMON BOUNDARY LINE BETWEEN THE AFOREMENTIONED PARCEL 'A° AND T14E NORTH LINE OF TRACT 1 AS INDICATED ON THE ABOVE REFERENCED PLAT: SOUTH 75°05'22" WEST, A DISTANCE OF 207.09 FEET; SOUTH 81°1T25' WEST, A DISTANCE OF 64.81 FEET; SOUTH 75"05'22" WEST, A DISTANCE OF 37.81 FEET; NORTH 71°13'14' WEST, A DISTANCE OF 36.06 FEET TO THE WESTERLY BOUNDARY LINE OF AFOREMENTIONED PARCEL "A°; THENCE RUN NORTH 14'54'38" WEST ALONG SAID WESTERLY BOUNDARY LINE A DISTANCE OF 360.72 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. AND CONTAINING 260,014.74 SQUARE FEET OR •5.969 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1: UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING. SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. BEARING SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2011, AND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901) AND ARE REFERENCED TO THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON LABELED AS THE "BEARING BASIS". 3. UNLESS A DIFFERENCE IS SHOWN, OBSERVED AND RECORDED DIMENSIONS ARE THESAME ALL DIMENSIONS SHOWN HEREON ARE DISPLAYED IN U.S. SURVEY FEET AND DECIMAL PARTS THEREOF. 4, THIS SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT AND USE OF THE PERSONS AND/OR ENTITIES NAMED HERON FOR THE PURPOSES IDENTIFIED HEREON ONLY. UNLESS OTHERWISESTATED, 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.SJ17 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472027, 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 PERMITTED AND THIS SURVEY MAY NOT BE TRANSFERRED WITHOUT THE EXPRESSED WRITTEN PERMISSION OF THE SIGNING SURVEYOR. THIS SURVEY IS NOT VAUD FOR ANY OTHER PURPOSE OTHER THAN INTENDED BY THE SIGNING SURVEYOR. 5. THE LEGAL DESCRIPTION AND MATTERS OF PUBLIC RECORD WERE FURNISHED BY THE CLIENT. THIS PROPERTY(S) WAS NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR ENCUMBRANCES OF RECORD. THE HEREON DESCRIBED PROPERTY IS SUBJECT TO RESTRICTIONS, RESERVATIONS. EASEMENTS AND RIGHTSOF-WAY OF RECORD, IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE SURVEYOR'S ATTENTION BY THE CLIENT, THEIR AGENT OR AS DISCLOSED BY A FURNISHED TITLE INSURANCE POLICY WERE NOT' INCLUDED. NO INVESTIGATION WAS MADE BY THIS OFFICE INTO THE VALIDITY OF ANY EASEMENTS CITED )N THE LEGAL, DESCRIPTION OR FOR ANY ENCUMBRANCES NOT OF RECORD IN THE INFORMATION FURNISHED BY THE CLIENT. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED FOR THE PREPARATION OF THIS SURVEY. -6. THIS SKETCH AND DESCRIPTION IS COMPRISED OF TWO PAGES, ONE IS NOTVALID WITHOUT THE OTHER LEGEND (P) PLAT DATA O.R.B. OFFICIAL RECORD BOOK S/D SUBDIVISION R.O.W. RIGHT OF WAY IRCO INDIAN RIVER COUNTY ID IDENTIFICATION FL. FLORIDA PG. PAGE AT&T AMERICAN TELEPHONE & TELEGRAPH S.R. STATE ROAD a CERTIFIED TO; 0 MICHAEL COLLARD PROP' EF2TIES c.; C5 i s DAVID E. LUETHJE, FL. 728' g REYISREVISIONS:PSN-5 C.A.A.LB. 205 SIGNATURE NT 1. REVISED PER COUNTY COMMENTS LATTER DATED 6/192078; DJM;.W/072D58 0.°fr :0914018 SHEET s =l,;-, °CARTaAS'S0C'IiiT�'S�INi, PI=P :nomas SKETCH AND. DESCRIPTION H CONSULTING 'ENGINEERS AND LAND SURVEYORS �� o PARCEL "A-1" � �� THE LANDINGS, A COMMERCIAL SUBDIVISION 1708 21st STREET, VPRO BEACH, FL 32960 FAX: (772) 562-7180 :ffMf.II F.. PART OF THE SW 1/4 OF SECTION 14, T. 212S, R. 39E TEL (T12) 662-9191 .. Psaro - INDIAN RIVER.COUNTY, FLORIDA p,,: aofeo-n 33 Page 6 of 7 Page 7 of 7 34 '�fZitiEASTERLY RNER OF PARCEL 'A' 9 / '1s //Q P109P�S ;52 Bum I\ � NORTH BOUNDARY UNE' t� ORB O fl OF 803INNING NORTHWEST CORNER c�gA>� PARCEL A' PARCEL m hof 1As` tRCO• � AT&'r EA4EiaEntr •�:c � o i / 0 22 PG. 446 S X / I t ffi EASTERLY BOUNDARY LINE. PARCEL •A" s, s l 30 `�1O`FA?� ;eat PARCEL "A1" r 1 ��soMEr&ss 1 260.014:74 S.F. N ,, bt3 1,0 \452 . , 5.964 AC pa8 D- i WESTERLY BOUNDARY UNE PARCEL A. PARCEL "A" I THE:UINDINGS;A 1 3 COMMERCIAL SUBDIVISION A N 7113'14" W PB M. PG 40 IRCO. FL ; 36.05 S 1454'38' E 5.00' 7.72OAC � t 4' 7505'22' E 10 U1ILLTTY \V 2400.� 1 Z 37.81' EASE6IENT/,P)� s1 t .S' 81Tr2i• W r. ; S t ' 64-V iP 201.04� •, t 1 ZRP�z 1 t PARCEL "A2" L, 1 ,t LOT Z Z 0 t 5i ZoLOT i t \ ! N\ 1 0 LOT 3 i �•1 20 NEW R.O.W. UNE 53RD STREET . Xa� OLD NORTH O.W. UNE 53RD STREET \ 53RD STREET/KINGSBERRY ROAD — \ i 15 14• SOUTH UNE OF SECTION 14 R.O.W. VARIES t 22 23 \ _�TH UNE OF SECTION 23 I NORTH f S 0 75 ISO REVISIONS: SCALE. • (1 Inch — 150 feet) 1. REWSEO PER COUNTY COMMENTS LATTER DATED 81292018; DJM;O?)02 e CAKMASSO.CIAW, INC.moo. 0-002 SKETCH AND DESCRIPTION SHEET CONSULTING ENGINEERS AND LAND SURVEYORS � :�' PARCEL"A1" THE LANDINGS, A COMMERCIAL'SUBDIVISION s 1708 21st STREET,'VERO BEACH, FL 32860 TEL: Tns1 smz lel Fax: (!Tl)'S627180 PLway ::asrnt�x ,+� a PART OF'THE SW 114 OF SECTION 14, T. 32S, R. 39E F&am : • INDIAN RIVER COUNTY. FLORIDA Page 7 of 7 34 INDIAN RIVER COUNTY, FLORIDA �Fr DEPARTMENT OF UTILITY SERVICES Date: August 3, 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: Approval of Blue Goose Construction Work Authorization 2018-003: "6151 Drive Water Main Replacement" DESCRIPTION AND CONDITIONS: On June 19, 2018, the Board of County Commissioners (BCC) approved Work Authorization (WA) 2018-003 for Blue Goose Construction (Contractor) to replace a water main along 61St Drive. The project is complete, and the Contractor has submitted a final pay request. ANALYSIS: The project was completed within the approved budget. Project costs are summarized in the table below. The amount due the contractor for this first and final pay request is $25,875.00, which includes labor and contractor - purchased materials. See attached application for payment. FUNDING: Funds for this project are derived from the Renewal and Replacement (R&R) budget in the operating fund. The operating fund budget is derived from water and sewer revenues. ACCOUNT NAME Original Approval Additions or Deletions Final Cost 1— Labor Expense: $ 27,775.00 $(2,300.00) $ 25,475.00 2— IRC Direct - Purchased Materials and Miscellaneous Fees: $7,339.20 $ (667.20) $ 6,672.00 3- Contractor Purchased Materials I- $ 400.00 $ 400.00 Totals: 1 $ 35,114.20 $(2,567.20) $ 32,547.00 The amount due the contractor for this first and final pay request is $25,875.00, which includes labor and contractor - purchased materials. See attached application for payment. FUNDING: Funds for this project are derived from the Renewal and Replacement (R&R) budget in the operating fund. The operating fund budget is derived from water and sewer revenues. ACCOUNT NAME ACCOUNT NUMBER AMOUNT 61St Drive Water Main Replacement 1 47123536-044699-18524 $35,114.20 RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize final payment to Blue Goose Construction in the amount of $25,875.00. ATTACHMENT(s): 1. Final Application for Payment (3 pages) 335 SECTION 00622 - Contractor's Application for Payment 61st Drive Water Main Replacement Application for Payment No. 01 FINAL For Work Accomplished through the period of 07/16/2018 To: Indian River County Utilities From: Blue Goose Construction PO No. WAD- 2018.003 Project No.: BG 1344 1 Original Contract Price: 2 Net change by Change Orders and Written Amendments (+ or 3 Current Contract Price (1 plus 2): 4 Total completed and stored to date: 5 Contractor purchased material 6 Retainage (per Agreement): 0%, of completed Work: 0 % of retainage: 6 Total completed and stored to date plus contractor purchased material (4 + 5) 7 Less previous Application for Payments: 8 DUE THIS APPLICATION (6 MINUS 7): CONTRACTOR'S CERTIFICATION: 27,775.00 $ 27.775.00 $ 25,475.00 $ 400.00 Total Retainage: S $ 25,875.00 $ 25,875.00 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 dear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Dated STATE OF FLORIDA COUNTY OF ST LUCIE By: (CONTRACTO — must be signed by an Officer of th 'Corporation) Greg Hampton - Controller Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acing, personally appeared G mG � �Uh, who being by me first duly sworn upon oath, says that he/she is the - V -C. r of the CONTRACT -OR mentione 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 CONTACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this day of VWJ 20 t Cv:C _ \ v1 \ 0 is personally known to me or has produced as identification. NOTARY PUBLIC: Printed name: Commission�so Commission Expira rtiptj5"" gS10NftFF945828 EXPIRES: December 22, 2019 6 BpndedThmNotary PUMUndercrti'.e Page 1 Pay Application 1 Indian River County Utilities 61 st Drive Water Main Replacement Work Authorization Directive 2018-003 216.1344 item No. Description Qty Unit Scheduled Value Previous Apolication 1.1n10,10 Amount Quantitv I Total This Period Quantity Total Total Com feted oua.tity Total o1c Install 6' PVC Water Main 40 LF $ 6.00 S 24.0 40.00 240.00 240.00 07b Install 6" HOPE Horizontal Directional Drill (SDR- 11 Including fusion of MI adaptors 200 LF $ 38.85 $ 7,770.00 200.00 7,770.00 200.00 7,770.00 9 Install Mechanical Restrained Joint Ductile Iron Fitting 0.25 Ton 4,100.00 S 1,025,00 0.25 1.02&00 0.25 1,025.00 10a Install Mechanical Restrained Joints on Existinr Main 3" through 8" 12 EA 60.00 720.00 12.00 720.00 12.00 720.00 13 Grout Pipe Abandoned and Left In Place 3" through 8" 220 LF $ 12.00 2,640,00 220.00 2,640.00 220.00 2,640.00 23 Test Holes I Potholes 4 EA $ 250.00 $ 1.000.00 4.00 1,000.00 4.00 1,000.00 28 Install Tem orary Jumner and Remove after FDEP Clearance 1 EA I $ -500.00 S 500.00 1.00 500.00 1.00 500.00 29a Fillpressure test chlorinate and flush water main 4" through 8' 240 LF $ 1.50 $ 360.00 240.00 360.00 240.00 360.00 30b . Install Sample Point per County Detail, Remove after FDEP Clearance 2 EA S 275.00 $ 550.00 2.00 550.00 2.00 550.00 67b Remove, Dispose of and/or Replace Rock Base Course, Compacted to County Specifications 5 Ton $ 20.00 $ 100.00 5.00 100.00 5.00 100.00 67c Remove, Dispose of and/or Replace Stabilized Sub- Grade Course, Com acted to County Specifications 5 ]'on $ 14.00 $ 70.00 5.00 70.00 5.00 70.00 86a Lawn Restoration (foosoii& Sod) Includes Waleting 100 SY $ 2.25 $ 225.00 200.00 450.00 200.00 450.00 88a Well Point Dewatering Set Up, Tier Depth up to 2S', (Minimum 30'X 30' - Work Area 2 LS $ 3,500.00 $ 7,000.00 2.00 7,000.00 2.00 7,000.00 88b Well Point Dewatering, Additional Points Needed for Larger Area or Linear Work 30 EA $ 25.00 $ 750.00 30.00 750.00 30.00 750.00 91 Mobilization Demobilization MOT based on 10 Labor Cost): 1 I'S 2,300.00 2 300.00 1.00 2,300.00 1.00 2,300.00 Continclency 1 LS 2,525.00 2 525.00 Total $ 27,775.00 $ 1 $ 25,475.00 $ 25,475.00 337 Park Placo Confidontial Page 1 NAIL FARMS, INC. 4430 Nail Farm Rd. MELBOURNE, FL 32934 (321)254-6746 thesodfather@aol.com Invoice 27800 BILL TO Blue Goose Growers 1900 Old Dixie Highway DATE ' AY Fort Pierce, FL 34946 07/11/2018 P.O. NUMBER JOB DESCRIPTION 1344 Pickup ACTIVITY QTY RATE AMOUNT Bahia Pallet 4 Thank you for your business! APPROVED By Terri Gorman at 1:28 pm, Jul 16, 2018 216202.6315 A2161344 SUBTOTAL TAX (7%) TOTAL TOTAL DUE 100.00 400.00T 400.00 Q&.40- 429.99 $^''� $400.00 THANK YOU. 338 *****Please make note of our new mailing address.***** INDIAN RIVER COUNTY, FLORIDAMMO MEMORANDUM an TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP FROM: William Johnson P.E., Roadway Production Engineer SUBJECT: Award of Bid No. 2018072 Gifford Neighborhood 45th Street Beautification 'Concrete Pipe' (IRC -1748) DATE: August 01, 2018 DESCRIPTION AND CONDITIONS On August 15th, 2017 the Board of County Commissioners approved the Continuing Contract for Professional Services Work Order No. 14 with Kimley-Horn & Associates, Inc. Work Order No. 14 addresses Action Item 9.3 of the Gifford Neighborhood Plan which was scheduled for completion by 2018. Under Action 9.3 the County agreed to improve and beautify the segment of 45th Street from 43`d Avenue to US #1 with Phase II improvements. The improvements would include enclosing Sub-lateral'H' canal by culverting certain portions of the canal on the south side of 45th Street, adding a 6 -foot sidewalk, and adding landscaping improvements. This project was advertised and bids opened on May 23rd, 2018 in its entirety to construct these improvements. A single bidder responded with a bid considerably higher bid than the engineer's estimate. The board rejected the single bid on July 3rd, 2018 and authorized staff to rebid. An invitation to bid to supply concrete pipe for the project was issued on July 11, 2018, with Demandstar notifying 68 potential large concrete pipe material suppliers in preparation for the Gifford Neighborhood 45th Street Beautification Phase II Improvements. Fourteen suppliers acquired the Invitation to Bid and two suppliers submitted bids by the July 26, 2018 deadline. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: County Material Corp. Astatula, Florida $558,459.00 Hydro Conduit LLC d/b/a Rinker Materials Apopka, Florida $915,842.70 County Material Corp. reported "No Bid" on one of the bid items, and was therefore determined to be non- responsive. The Purchasing Division requested a detailed delivery schedule from the remaining Bidder (Hydro Conduit LLC d/b/a Rinker Materials) on behalf of the Engineering Division, including potential prioritization of pipe production and delivery. The Bidder responded with an acceptable detailed delivery schedule. The purchase of these concrete pipe items will provide a net sales tax savings of $64,108.99. The direct purchase of concrete pipe eliminates industry material shortfall and is expected to attract additional contractors to submit when the Gifford Neighborhood 45th Street Beautification Phase II Improvement project is re -bid. 339 Page 2 of 2 Award of Bid 2018072 BCC Agenda Item for August 14th, 2018 Hydro Conduit LLC d/b/a Rinker Materials is considered to be the lowest, responsive, responsible bidder for the concrete pipe material with a base bid of $915,842.70 plus $1,210.00 for pipe lubricant, with the bid totaling $917,052.70, which is below the engineer's cost estimate of $926,347.00 at a cost difference of $9,294.30. Hydro Conduit LLC d/b/a Rinker Materials has supplied concrete pipe material throughout the State of Florida on multi-million dollar projects meeting industry standards satisfactorily. FUNDING Hydro Conduit LLC d/b/a Rinker Materials bid for this project was $917,052.70. Funding is available in Account No. 10921441-066510-03023 Gas Tax (45th Street "West End" Culverting - Construction). RECOMMENDATION Staff recommends the Board of County Commissioners award bid 2018072 to Hydro Conduit LLC d/b/a Rinker Materials, as the lowest responsive and responsible bidder and authorize the Purchasing Division to issue a Purchase Order for the materials. DISTRIBUTION County Material Corp. Hydro Conduit LLC d/b/a Rinker Materials APPROVED AGENDA ITEM FOR August 14th, 2018 340 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AC3F7B22\@BCL@AC3F7B22.doc INDIAN RIVER COUNTY, FLORIDA, r�� MEMORANDUM �1 TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., P.M.P, County Engineer SUBJECT: Public Works Engineering Division Project Management Software DATE: August 2, 2018 DESCRIPTION AND CONDITIONS In Fiscal Year 2018, the Board of County Commissioners approved a budget for the acquisition of an electronic project management software to allow for needed improvements to the Indian River County Public Works — Engineering Division (IRC -ED) administration of the Capital Improvement Element (CIE) Program including planning/management, design reporting, contract administration, daily inspection reporting, project scheduling, claims avoidance, record retention, invoicing and all other aspects of construction project management. Staff researched several vendors over the past 16 -months to determine the project management software suite that would be the most suitable for the Engineering Division and all of the other staff, consultants, and outside agencies that work with us. The selection criteria that were used to determine software suite were as follows: • The vendor must develop, implement, host and provide technical support for all elements of the software suite package, • The software suite must include configurable, native, off-the-shelf modules specific to the project lifecycles. • The software suite must have at least a 10 -year industry history of supporting large infrastructure construction programs for municipal/state agencies • The software suite must allow for access to be granted to 3rd parties (e.g. designers, consultant, outside municipal agencies, etc.) by IRC -ED Project Management Staff. • The software suite must be scalable to allow for flexible licensing costs consistent with work program size. Based on a review of the available project management software suites it was determined that E -Builder would meet or exceed all of the necessary performance requirements. E - Builder holds a GSA contract, through which the software and labor is quoted and for which a Purchase Order can be issued; however, E -Builder requires a supplemental agreement between the County and themselves. As such, IRC -ED is requesting board action. 341 Page 2 of 2 Public Works Engineering Division Project Management Software BCC Agenda Item for August 14, 2018 f311LI171-kire1 The initial software package expenditure for installation and implementation is $150,493.32, with recurring annual software subscription (depending on CIE program size*) as stated in the attached quote. The costs to provide the project management suite will be funded from Secondary Roads Fund (109). Account Number Fund/Description Amount 10924441-035120 Software Subscription $44,460.00 10924441-035120 Training $10,721.00 10924441-068003 Software -Capital $95,313.00 Total $150,494.00 RECOMMENDATION Staff requests the Board authorize the Chairman to execute the agreement, for $150,493.32 for the software suite implementation and initial year license fee, and recurring annual software license fee of $44,459.49/year. ATTACHMENT 1. E -Builder GSA Task Order 2. E -Builder GSA Contract APPROVED AGENDA ITEM FOR AUGUST 14, 2018 342 e -Builder Task Order For: Indian River County July 18, 2018 GSA Contract Number: GS-35F-408AA Period Covered by Contract: May 31, 2013 -May 30, 2023 General Services Administration This Investment Summary is considered valid until August 27th, 2018. Non -approval of the Task Order within this timeframe will result in the redefinition of the Investment Summary. CONFIDENTIAL k4i;-Bulldeezko This Task Order, is between e -Builder, Inc. ("e -Builder") and Indian River County ("Customer"). This Task Order Form shall be governed by the GSA e -Builder Service Agreement between e -Builder and Customer found on page 2 and 3 of this document (the "MSA"). The Effective Date shall be the date of the last signature of the MSA. The term of this Task Order Form and Annual Software Subscription shall commence on the Effective Date and shall expire on the twelve (12) month anniversary of the Effective Date ("Initial Term".) Upon the expiration of the Initial Term this Task Order Form shall automatically renew for additional one (1) year terms (i.e., each, a Renewal Term), unless e -Builder or Customer provides written notice of non -renewal at least sixty (60) days prior to expiration of the then -current term. Upon renewal, e -Builder has a right to increase license fees up to the greater of CPI plus 2% or five percent (5%). Disclosure Statement Subject to the Florida Public Records Act, the information provided in this document shall not be disclosed outside the recipient's organization and shall not be disclosed in whole or in part for any purpose other than to evaluate the information. During the evaluation process, the recipient may duplicate this document only for distribution to evaluators within the recipient's organization. If a contract is awarded to e -Builder as a result of or in connection with the submission of this information, the recipient shall have the right to duplicate, use or disclose the information to the extent provided in the contract. This restriction does not limit the right of the recipient to use information contained if it is obtained from another source without restriction. In the event that the recipient is served with a request to disclose any or all of e -Builder's confidential information pursuant to the requirements of applicable law, a judicial or governmental request, requirement or order or otherwise, e -Builder asks to be promptly notified in order to provide sufficient time to object to such request, understanding that the recipient will take reasonable steps to cooperate with and assist e -Builder in contesting such request, requirement ,or order or in otherwise protecting e - Builder's rights prior to disclosure. © Copyright e -Builder Inc., 2018 e -Builder Task Order: Indian River County Pa144 -BuildeeCONFIDENTIALm. E -BUILDER SERVICE AGREEMENT e -Builder, Inc. whose address is 1800 NW 691h Avenue, Suite 201, Plantation, FL 33313 ("e -Builder") and Ordering Activity, as defined in GSA Order ADM4800.2G and as revised from time to time ("Customer"), enter into this e -Builder Service Agreement (the "Service Agreement"). In the event of a conflict between any terms and conditions in this Service Agreement and the terms and conditions of the GSA Schedule 70 contract, the terms and conditions of the Schedule 70 contract shall control. The work to be performed for an "Ordering Activity" may be contained in one or more "Task Orders." 1. TERM. This Agreement shall continue for the period purchased by the Ordering Activity as set forth in the relevant task order. 2 SERVICES. 2.1 Services. e -Builder agrees to provide the services described in the relevant Task Order (the "Services") to Customer subject to the terms and conditions of this Agreement, in consideration for the payments set out therein. Customer acknowledges that e- Builder Enterprise`"' software may be modified or upgraded from time to time, and that "Services" and `Customer Support" provided to Customer shall only include the use of the most recent version of e -Builder Enterprise. 2.2 License of Software. Customer's right to use the Services (including, without limitation, the limited license to use e -Builder Enterprise' software), is limited to the restrictions contained herein, including those related to the number of users, projects, annual capital program expenditures and/or period of use. The Customer acknowledges that title to and copyright in the software applications supplied by e -Builder (including e -Builder Enterprise"") are reserved by e -Builder. Customer acquires no right in any software, copyrights, patents or any other intellectual property belonging to or licensed by e -Builder, other than the specific limited rights to the Services. e -Builder is and shall remain the sole owner of all copyrights, trademarks, patents and other proprietary rights in and to all aspects of the Services (including, without limitation, all software, code and designs used in providing the Services). 3. 4. WARRANTIES 4.1 Representations. Customer represents, warrants and covenants the following to e -Builder: (i) Customer currently possesses all necessary licenses, permits, insurance and approvals required validly to execute, deliver and perform its duties under this Agreement and is qualified to do business in all jurisdictions where such qualification is required for Customer's performance of its duties under this Agreement, (ii) To the best of its knowledge and ability, Customer will comply with, and will use its best efforts to cause each subcontractor it may engage to comply with all applicable federal and state laws and regulations in performing its and their respective responsibilities under this Agreement and any subcontracts, and (iii) No information provided to e -Builder or disseminated through its software or systems shall infringe on or violate any trademark, copyright, trade secret, right of publicity or privacy (including but not limited to defamation), patent or other proprietary right of any third party. 4.2 Disclaimer of Warranty and Limitations of Liability. E -BUILDER DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM E -BUILDER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH &BUILDER WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, &BUILDER CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, &BUILDER DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. EXCEPT FOR THE WARRANTIES SPECIFICALLY AND EXPRESSLY MADE HEREIN AND ANY WARRANTIES SPECIFICALLY PROVIDED IN THE GSA SCHEDULE 70 CONTRACT, &BUILDER MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE DISCLAIMED. FOR ANY ONE OR MORE BREACH OF THIS AGREEMENT OR DEFAULT HEREUNDER, THE ENTIRE LIABILITY OF THE PARTY IN BREACH OR DEFAULT, AND THE EXCLUSIVE REMEDY OF THE OTHER PARTY, SHALL BE PAYMENT OF THE ACTUAL DAMAGES PROXIMATELY CAUSED BY SUCH BREACH OR DEFAULT, WHICH SHALL NOT EXCEED THE AMOUNT OF ONE (1) MONTH'S FEES PAID BY CUSTOMER HEREUNDER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT. THESE LIMITATIONS ON THE LIABILITY OF EITHER PARTY SHALL APPLY TO ANY AND ALL CAUSES OF ACTION THAT EITHER PARTY MAY HAVE AGAINST THE OTHER, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING A CLAIM, DEMAND OR ACTION, INCLUDING, WITHOUT LIMITATION, WHETHER IT SOUNDS IN CONTRACT OR TORT, BUT SHALL NOT APPLY TO OR LIMIT SUMS DUE HEREUNDER TO &BUILDER FOR SERVICES. This clause shall not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this Contract under any federal fraud statute, including the False Claims Act, 31 U.S.C. §§ 3729-3733. Furthermore, this clause shall not impair nor prejudice the U.S. Government's right to express remedies provided in the GSA Schedule 70 contract (e.g., clause 552.238-75 — Price Reductions, clause 52.212-4(h) — Patent Indemnification, and GSAR 552.215-72 — Price Adjustment — Failure to Provide Accurate Information). F e -Builder Task Order: Indian River County Page 2 CONFIDENTIAL e-Bulidee E -BUILDER - SERVICE AGREEMENT 4.3 Indemnity. e -Builder agrees to indemnify and hold harmless the Customer (for services rendered under a Task Order, as applicable), , its officers, directors, employees or agents from and against any claims made upon it by any third party, arising out of information or software provided by it or actions of its employees, agents or invitees. 5. AUDIT RIGHTS. e -Builder will have the right, during normal business hours and upon at least five (5) days prior written notice, to have an independent audit firm selected by e -Builder audit Customer's records relating to Customer's activities pursuant to this Service Agreement in order to verify that Customer has complied with the terms of this Agreement Such audits will be conducted no more than once in any period of twelve (12) consecutive months, and e -Builder will adhere to any security measures required by the Ordering Activity. 6. CONFIDENTIALITY. Confidential Information refers to all nonpublic information provided by one party to the other, but it does not include this Service Agreement. The Parties agree that, except to the extent necessary to implement the terms and conditions of this Agreement, when authorized in writing by the other Party or when otherwise required by law: (i) each Party will preserve and protect the confidentiality of the other Party's Confidential Information; (ii) neither Party will disclose to any third party the existence, source, content or substance of the other Party's Confidential Information, or make copies of such Confidential Information except as required by this Agreement; (iii) neither Party will deliver the other Party's Confidential Information to any third party, or permit such information to be removed from the premises of the Party receiving such information; and (iv) each Party shall advise any of its employees or agents working on or having access to the other Party's Confidential Information of the confidentiality of such information. MISCELLANEOUS 7.1 Governing: Law and Venue. This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States. 7.2 Notices. All notices required or permitted to be sent pursuant to this Agreement shall, unless otherwise specifically provided, be in writing and shall be deemed given when delivered personally or by facsimile, overnight air courier or certified mail (postage prepaid, return receipt requested), to the addresses shown above or such other substitute address designated in writing. 7.3 Force Majeure. Notwithstanding any other provision of this Agreement, if by reason of Force Majeure, any Party is unable to perform certain of its obligations under this Agreement it shall be automatically relieved of those obligations to the extent, and for the period of time, that such Party is prevented from meeting them by Force Majeure. E -BUILDER, INC. INDIAN RIVER COUNTY By: Title: Date: By: Title: Date: 6- e -Builder Task Order: Indian River County Page 3 Investment Summary The following details the investment summary for the Annual Software Subscription and the One -Time Implementation Services for the e -Builder Enterprise TM system. This Task Order Form ties with e -Builder's Worldwide Federal Supply Schedule Contract, GS-35F-408AA. Annual Software Subscription Annual Item Scope Variable Annual Price Number of Users Unlimited Users for up to $20 Million dollars in Per One -Time Implementation Services 633 Capital Spend. Implementation, Setup, Scope section below The license investment reflects the GSA/e-Builder $44,459.49 Deployment & Training agreement under SIN#132-52/Part Number eB-Ent-Gov- 20M-Capital_Progra m. 633 $106,033.83 e -Builder Enterprise Government Edition which includes core platform and unlimited users for capital programs up to $20 million USD. One year Subscription license with auto renewal. Includes e -Builder Enterprise 20M Capital Program, Business Intelligence Add-on, Sandbox, oData API, and BIM. Total Annual Software Subscription $44,459.49 One -Time Implementation Services Item Scope Variable Hours Price e -Builder Enterprise Per One -Time Implementation Services 633 $106,033.83 Implementation, Setup, Scope section below GSA Implementation Proposal $106,033.83 Deployment & Training Total One -Time Implementation Services 633 $106,033.83 Labor Proposal GSA Detail SIN Labor Category Rate Hours Price 132-51 Project Manager $167.51 633 $106,033.83 GSA Implementation Proposal $106,033.83 Total e -Builder Enterprise Investment — Initial Term Item Price Total Annual Software Subscription $44,459.49 Total One -Time Implementation Services $106,033.83 Total Initial Term Investment $150,493.32 e -Builder Task Order: Indian River County Pa147 Payment Terms • Payment of the first (1st) year's Annual Software Subscription term is due upon the Effective Date of this Task Order. • Payment for One -Time Implementation Services is as follows: fees shall be invoiced, and be due and payable, as follows: (i) fifteen (15%) percent upon delivery of Kick -Off; (ii) twenty-five (25%) percent upon completion of Design and acceptance of design documentation; (iii) thirty-five (35%) upon completion of Configuration and User Acceptance Testing; and (iv) twenty-five (25%) percent upon commencement of training on use of the SaaS Service. • Travel and Expenses - Travel expenses and course material reproduction (if requested) are not included in the above investment. These expenses are considered Open Market and are billed as incurred as actuals in conjunction with GSA per diem rates. The Not to Exceed ("NTE") amount for the travel and expenses is $13,800.00. This NTE amount assumes only three onsite trips. If the Customer requires additional onsite trips, an amendment to this Task Order will be required to add additional funding for added scope and an increase to the ME NTE. NOTE: Travel expenses which are approved for reimbursement by the Customer shall be subject to the limitations set forth in Section 112.061, Florida Statutes. Annual Subscription Includes • Unlimited Projects • Unlimited Document Storage • 240 Technical Support • Quarterly Enhancement/Upgrades • Maintenance Releases • Business Intelligence Add-on* • Sandbox* • oData API* • BIM* *The configuration and training of the Business Intelligence Add-on, Sandbox, oData API and BIM included in the GSA SIN 132-52 is not included in the one-time implementation scope of work and will require additional professional service fees if activation is required. Unlimited User License The proposed annual subscription fees forunlimited e -Builder Enterprise Users is based on the Indian River County's estimated average annual capital construction spending of up to $20,000,000.00. e -Builder reserves the right to adjust the fee accordingly to align with the Customer's actual average annual capital construction spending. e -Builder Task Order: Indian River County P44$ Insurance 1. e -Builder shall not commence work on this Task Order From until it has obtained all insurance required under this clause and such insurance has been approved by the Customer's Risk Manager. 2. e -Builder shall procure and maintain, for the duration of this Task Order Form, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in fee provided in this Task Order Form: 2.1. Workers' Compensation: Workers' Compensation as required by the State of Florida Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 2.2. General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence. 2.3. Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $300,000 per occurrence. 3. e -Builder's insurance coverage shall be primary. 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. 5. The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 6. A certificate of insurance shall be provided to the Customer's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The Customer shall be named as an additional insured on all policies except workers' compensation and professional liability. The Additional Insured stated on the certificate of insurance shall read: Indian River County 1800 27th Street Vero Beach, FL 32960 e -Builder Task Order: Indian River County pa149 One -Time Implementation Services Scope Phase & Deliverables Scope Comments Project Kickoff & Discovery Kick-off Meeting Included 2-4 weeks after contract execution Implementation Goals Included Defined during Kickoff Success Matrix Included Defined during Kickoff Initial Project Schedule Included Defined during Discovery Data Gathering Guide Included Defined during Discovery Project Design & Requirements Solution Document Included Requirements & Solution Design Project Configuration & Testing Core Modules Home Projects Calendar Contacts Setup Planning Module 1 -Template Cost & Funding Module 1 -Template Account (Portfolio) Level Cost Standard Process Module 3 -Processes Structured Workflow(s). Specific Processes: • Invoice/Pay App Approval • Potential Change Order • Change Order Forms Module 3 -Forms • 3 -Forms are to be defined during Discovery +60 Standard Forms Schedule Module 1 -Template Document Module 1 -Template Dashboard Module 2 -Dashboards • Program/Portfolio Dashboard • Project Dashboard +1 Admin Dashboard Reports Module 3 -Reports Includes three (3) Process Log Reports. +120 Standard Reports. Submittal Module Standard Import Toolkit +Use Training Project Training & Adoption Admin Training 1- Session Onsite 3 days Duration/ 5 Users Maximum e -Builder Task Order: Indian River County P450 End User Training 1- Session Onsite 2 days Duration Each/15 Users Maximum Train -the -Trainer 1- Session Onsite 3 -days Duration/8 Users Maximum Adoption Calls 4 -Calls Weekly call for 4 -Weeks — Scheduled and Conducted by e -Builder Professional Services. Customer Responsibilities & Implementation Assumptions The following responsibilities and assumptions are necessary for the successful completion of this implementation. In the event that an item below does not occur in the manner or time frame defined, e - Builder may request to meet with the Customer and mutually agree upon an adjustment to the schedule, work activities and fees. • The Customer will make best efforts to ensure the committed participation of all appropriate technical and user personnel throughout the project, including but not limited to periodic status reviews. Customer resources provided during the technical and functional sessions must be empowered to make decisions on project direction. • The e -Builder implementation team will workjointly with the Customer team to resolve all issues including those impacting the scope and timeline. Issues that may impact the progress and the schedule will be documented. If the issue is critical, e -Builder will present the issue to the Customer in writing as quickly as possible. Once the issue is presented in writing the Customer is expected to respond within two (2) business days. If the issue cannot be resolved within two days, they will notify e -Builder and arrange a meeting with all relevant personnel to resolve this issue. Failure to do so could impact the cost and schedule of the e -Builder implementation project. • All necessary content (data, text and graphics) will be provided to e -Builder prior to the creative processes (if applicable). • The Customer will reimburse reasonable travel expenses for any travel associated with the engagement. • Unless specifically identified as deliverables within this document, Customer will enter any historical data from past projects to enable historical analysis. • Unless specifically identified as deliverables within this. document, data migration, system integrations or custom development of any kind is not included within the scope of the e -Builder implementation project. These items can be included through the change management process if identified as required items. • All change requests received and approved will be listed on a contract Addendum or Work Order. Each Addendum or Work Order must be signed and accepted prior to initiating additional work by e -Builder. e -Builder Task Order: Indian River County P451 e-Builder°:SR e -Builder is the leading provider of integrated, cloud -based construction program management software for top facility owners and the companies that act on their behalf. The company's flag -ship product, e -Builder Enterprise", improves capital project execution, resulting in increased productivity and quality, reduced cost, and faster project delivery. Since 1995, e -Builder's technology leadership and construction industry focus has provided thousands of global companies, government agencies, and healthcare and education -al institutions managing billions of dollars in capital programs with solutions to improve the plan, build, and operate lifecycle. For more information, visit www.e-Builder.net. U.S. General Services Administration I M%w Construction Program Management Software GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LIST On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu -driven database system. The Internet address for GSA Advantage! is: http://www.gsaadvantage.gov WORLDWIDE FEDERAL SUPPLY SCHEDULE CONTRACT SCHEDULE TITLE: GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE, AND SERVICES FSC GROUP: 70 CONTRACT NUMBER: GS-35F-408AA PERIOD COVERED BY CONTRACT: May 31, 2013 to May 30, 2023 e -Builder, Inc. 1800 NW 69th Ave, Suite 201 Fort Lauderdale, FL 33313 (P) 954-513-3105 (F) 954-792-5949 http://www.e-Builder.net Contractor's Administration Source: jprayther cr e-builder.net Modification #0007, dated 02/07/17 Business Size: Other than Small DUNS: 933695785 For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at http://www.fss.gsa.gov. 353 OVERVIEW Company Background e -Builder is the leading provider of fully integrated, cloud -based construction program management software for top facility owners and organizations that act on their behalf. The company's flagship product, e -Builder Enterprise, improves capital project execution resulting in increased productivity and quality, reduced cost, and faster project delivery. Since 1995, e - Builder's technology leadership and construction industry focus has provided thousands of global companies, government agencies, and healthcare and educational institutions managing billions of dollars in capital programs with solutions to improve the plan, build and operate lifecycle. The company is privately held and headquartered in Fort Lauderdale, Florida. Earned Prestige and Trust e -Builder is trusted by many of the largest facility Owners and Program Managers managing capital construction project portfolios in excess of $100 billion to provide a reliable, cost effective and flexible platform for strategically managing cost, schedule and scope information from planning to occupancy. e -Builder provides these organizations with an auditable control mechanism to meet today's regulatory requirements. Accessible and Responsive Team e -Builder prides itself in being accessible to our clients and responding to their needs as part of our product roadmap definition. More than 75% of our enhancement requests come from clients. e -Builder's leadership team is available to address issues or concerns quickly. Experience in the Construction Industry Our team consists of seasoned experts with vast experience implementing our software throughout the world. The e -Builder team is experienced in the development, implementation, deployment, training and support of complex construction program management systems. We do not subcontract these functions. Our direct experience affords us a unique understanding of what it takes to deliver a successful implementation and results in our clients achieving their stated goals. e -Builder's focus and experience has always been on the construction industry, as opposed to generic project management systems. We have not ventured, nor do we plan to venture, outside of this space. e -Builder Enterprise TM Product Overview e -Builder Enterprise is a fully integrated cloud -based construction program management software system for owners managing capital projects. The system is designed to address the specific needs of these owners from planning stages through occupancy or operation. e -Builder Enterprise connects all of the internal and external stakeholders to efficiently manage documents, schedule, and communications across all of the projects in the organization. Developed and continuously refined since 1995 with input from thousands of users, e -Builder Enterprise is the most innovative, functionally -rich and easiest -to -use construction program management software system of its kind. Whether you are managing a single project, multiple projects, or multiple programs each with several projects, e -Builder Enterprise provides one integrated system to manage the cost, schedule and scope of each project as it moves from planning to occupancy. The system is modular, and entirely accessible and configurable via the Internet making it the fastest system to deploy. More than 5,000 companies and government agencies involved in capital construction planning, design, construction and operations leverage e -Builder to improve capital project execution. The results are increased productivity, accountability, and much tighter control over costs and schedule, which ultimately reduces costs and speeds time to market. 354 GSA AWARDED TERMS AND CONDITIONS E -BUILDER, INC. 1a. TABLE OF AWARDED SPECIAL ITEM NUMBERS (SINs) SIN 132-51: Information Technology (IT) Professional Services SIN 132-52: Electronic Commerce and Subscription Services 1 b. LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN: See attached Proposed Pricelist 1c. HOURLY RATES (Services Only): See attached proposed pricelist 2. MAXIMUM ORDER*: SIN 132-51: $500,000 SIN 132-52: $500,000 *If the "best value" selection places your order over this Maximum Order identified in this catalog/price Iist, you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the aforementioned contractor for a better price. The contractor may (1) offer a new price for this requirement; (2) offer the lowest price available under this contract; or (3) decline the order. A delivery order that exceeds the maximum order may be placed under the Schedule contract in accordance with FAR 8.404 3. MIMINUM ORDER: $100 4. GEOGRAPHIC COVERAGE: Domestic Delivery 5. POINT(S) OF PRODUCTION: 1800 NW 691h Ave STE 201 Fort Lauderdale, FL 33313 6. DISCOUNT FROM LIST PRICES: Net GSA pricing is listed in the attached pricing table 7. QUANTITY DISCOUNT(S): Additional 1% discount on single task orders over $250,000 8. PROMPT PAYMENT TERMS: 0%, Net 30 Days 9a. Government purchase cards are accepted at or below the micro -purchase threshold 9b. Government purchase cards are not accepted above the micro -purchase threshold 10. FOREIGN ITEMS: None 11a. TIME OF DELIVERY: To be negotiated at the task order level 11 b. EXPEDITED DELIVERY: To be negotiated at the task order level 11c. OVERNIGHT AND 2 -DAY DELIVERY: To be negotiated at the task order level 11d. URGENT REQUIREMENTS: Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery 12. FOB POINT: Destination 355 13a. ORDERING ADDRESS: e -Builder, Inc. 1800 NW 691h Avenue Suite 201 Plantation, FL 33313 (P) 954-513-3105 (F) 954-792-5949 13b. ORDERING PROCEDURES: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in FAR 8.405-3 14. PAYMENT ADDRESS: e -Builder, Inc. 1800 NW 691h Avenue Suite 201 Plantation, FL 33313 (P) 954-513-3105 (F) 954-792-5949 15. WARRANTY PROVISION: Refer to e -Builder, Inc.'s Service Agreement 16. EXPORT PACKING CHARGES: N/A 17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE: Accepted at, below, and above the micro -purchase threshold. 18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR (if applicable). N/A 19. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): N/A 20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNTS FROM LIST PRICES (IF AVAILABLE): N/A 20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE): N/A 21. LIST OF SERVICE AND DISTRIBUTION POINTS (IF APPLICABLE): N/A 22. LIST OF PARTICIPATING DEALERS (IF APPLICABLE): N/A 23. PREVENTIVE MAINTENANCE (IF APPLICABLE): N/A 24a. SPECIAL ATTRIBUITES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g. recycled content, energy efficiency, and/or reduced pollutants): N/A 24b. Section 508 Compliance for EIT: as applicable 25. DUNS NUMBER: 933695785 26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE: Active in SAM, CAGE Code 1XMU0 356 TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51) SCOPE a. The prices, terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services apply exclusively to IT Professional Services within the scope of this Information Technology Schedule. b. The Contractor shall provide services at the Contractor's facility and/or at the ordering activity'location, as agreed to by the Contractor and the ordering activity. 2. PERFORMANCE INCENTIVES I -FSS -60 Performance Incentives (April 2000) a. Performance incentives may be agreed upon between the Contractor and the ordering activity'on individual fixed price orders or Blanket Purchase Agreements under this contract. b. The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements. C. Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity's mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. 3. ORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation — May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence. 4. PERFORMANCE OF SERVICES a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity. C. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. d. Any Contractor travel required in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the 357 travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. 5. STOP -WORK ORDER (FAR 52.242-15) (AUG 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop -work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop -work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either - (1) Cancel the stop -work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop -work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if - (1) The stop -work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop -work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop -work order in arriving at the termination settlement. (d) If a stop -work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop -work order. 6. INSPECTION OF SERVICES In accordance with FAR 52.212-4 CONTRACT TERMS AND CONDITIONS --COMMERCIAL ITEMS (MAR 2009) (DEVIATION I - FEB 2007) for Firm -Fixed Price orders and FAR 52.212- 4 CONTRACT TERMS AND CONDITIONS ❑COMMERCIAL ITEMS (MAR 2009) (ALTERNATE I ❑❑OCT 2008) (DEVIATION I — FEB 2007) applies to Time -and -Materials and Labor -Hour Contracts orders placed under this contract. 358 7. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software, then FAR 52.227-14 (Dec 2007) Rights in Data — General, may apply. 8. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations, the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT Professional Services. 9. INDEPENDENT CONTRACTOR All IT Professional Services performed by the Contractor under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the ordering activity. 10. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor" means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract. "Contractor and its affiliates" and "Contractor or its affiliates" refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor. An "Organizational conflict of interest" exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor's or its affiliates' objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions, are provided at FAR 9.508. 11. INVOICES The Contractor, upon completion of the work ordered, shall submit invoices for IT Professional services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 359 12. PAYMENTS For firm -fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time -and -materials orders, the Payments under Time -and -Materials and Labor -Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I – OCT 2008) (DEVIATION I – FEB 2007) applies to time -and -materials orders placed under this contract. For labor -hour orders, the Payment under Time -and -Materials and Labor -Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I – OCT 2008) (DEVIATION I – FEB 2007) applies to labor -hour orders placed under this contract. 52.216-31 (Feb 2007) Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition As prescribed in 16.601(e)(3), insert the following provision: (a) The Government contemplates award of a Time -and -Materials or Labor -Hour type of contract resulting from this solicitation. (b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by— (1) The offeror; (2) Subcontractors; and/or (3) Divisions, subsidiaries, or affiliates of the offeror under a common control. 13. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 14. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 15. APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order. 16. DESCRIPTION OF IT PROFESSIONAL SERVICES AND PRICING a. The Contractor shall provide a description of each type of IT Service offered under Special Item Numbers 132-51 IT Professional Services should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles (labor categories) for those individuals who will perform the service should be provided. 360 b. Pricing for all IT Professional Services shall be in accordance with the Contractor's customary commercial practices; e.g., hourly rates, monthly rates, term rates, and/or fixed prices, minimum general experience and minimum education. The following is an example of the manner in which the description of a commercial job title should be presented: EXAMPLE: Commercial Job Title: System Engineer Minimum/General Experience: Three (3) years of technical experience which applies to systems analysis and design techniques for complex computer systems. Requires competence in all phases of systems analysis techniques, concepts and methods; also requires knowledge of available hardware, system software, input/output devices, structure and management practices. Functional Responsibility: Guides users in formulating requirements, advises alternative approaches, conducts feasibility studies. Minimum Education: Bachelor's Degree in Computer Science 361 TERMS AND CONDITIONS APPLICABLE TO ELECTRONIC COMMERCE AND SUBSCRIPTION SERVICES (SPECIAL IDENTIFICATION NUMBER 132-62) 1. SCOPE The prices, terms and conditions stated under Special Item Number 132-52 Electronic Commerce (EC) Services apply exclusively to EC Services within the scope of this Information Technology Schedule. 2. ELECTRONIC COMMERCE CAPACITY AND COVERAGE The Ordering Activity shall specify the capacity and coverage required as part of the initial requirement. 3. INFORMATION ASSURANCE a. The Ordering Activity is responsible for ensuring to the maximum extent practicable that each requirement issued is in compliance with the Federal Information Security Management Act (FISMA) b. The Ordering Activity shall assign an impact'level (per Federal Information Processing Standards Publication 199 & 200 (FIPS 199, "Standards for Security Categorization of Federal Information and Information Systems') (FIPS 200, "Minimum Security Requirements for Federal Information and Information Systems") prior to issuing the initial statement of work. Evaluations shall consider the extent to which each proposed service accommodates the necessary security controls based upon the assigned impact level. The Contractor awarded SIN 132-52 is capable of meeting at least the minimum security requirements assigned against a low -impact information system (per FIPS 200). c. The Ordering Activity reserves the right to independently evaluate, audit, and verify the FISMA compliance for any proposed or awarded Electronic Commerce services. All FISMA certification, accreditation, and evaluation activities are the responsibility of the ordering activity. 4 DELIVERY SCHEDULE. The Ordering Activity shall specify the delivery schedule as part of the initial requirement. The Delivery Schedule options are found in Information for Ordering Activities Applicable to All Special Item Numbers, paragraph 6. Delivery Schedule. 5. INTEROPERABILITY. When an Ordering Activity requires interoperability, this requirement shall be included as part of the initial requirement. Interfaces may be identified as interoperable on the basis of participation in a sponsored program acceptable to the Ordering Activity. Any such access or interoperability with teleports/gateways and provisioning of enterprise service access will be defined in the individual requirement. 362 6. ORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering electronic services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all electronic services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation — May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence. 7. PERFORMANCE OF ELECTRONIC SERVICES The Contractor shall provide electronic services on the date agreed to by the Contractor and the ordering activity. 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. 9. RIGHTS IN DATA The Contractor shall comply FAR 52.227-14 RIGHTS IN DATA — GENERAL and with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. 10. ACCEPTANCE TESTING If requested by the ordering activity the Contractor shall provide acceptance test plans and procedures for ordering activity approval. The Contractor shall perform acceptance testing of the systems for ordering activity approval in accordance with the approved test procedures. 11. WARRANTY The Contractor shall provide a warranty covering each Contractor -provided electronic commerce service. The minimum duration of the warranty shall be the duration of the manufacturer's commercial warranty for the item listed below: Refer to Service Agreement The warranty shall commence upon the later of the following: a. Activation of the user's service b. Installation/delivery of the equipment 363 The Contractor, by repair or replacement of the defective item, shall complete all warranty services within five working days of notification of the defect. Warranty service shall be deemed complete when the user has possession of the repaired or replaced item. If the Contractor renders warranty service by replacement, the user shall return the defective item(s) to the Contractor as soon as possible but not later than ten (10) working days after notification. 12. MANAGEMENT AND OPERATIONS PRICING The Contractor shall provide management and operations pricing on a uniform basis. All management and operations requirements for which pricing elements are not specified shall be provided as part of the basic service. 13. TRAINING The Contractor shall provide normal commercial installation, operation, maintenance, and engineering interface training on the system. If there is a separate charge, indicate below: Refer to Pricelist 14. MONTHLY REPORTS In accordance with commercial practices, the Contractor may furnish the ordering activity/user with a monthly summary ordering activity report. 14. ELECTRONIC COMMERCE SERVICE PLAN (a) Describe the electronic service plan and eligibility requirements. Refer to Pricelist (b) Describe charges, if any, for additional usage guidelines. Refer to Pricelist (c) Describe corporate volume discounts and eligibility requirements, if any. Refer to Pricelist 364 E -BUILDER SERVICE AGREEMENT e -Builder, Inc. whose address is 1800 NW 69`x' Avenue, Suite 201, Plantation, FL 33313 ("e -Builder") and Ordering Activity, as defined in GSA Order ADM4800.2G and as revised from time to time ("Customer"), enter into this e -Builder Service Agreement (the "Service Agreement"). In the event of a conflict between any terms and conditions in this Service Agreement and the terms and conditions of the GSA Schedule 70 contract, the terms and conditions of the Schedule 70 contract shall control. The work to be performed for an "Ordering Activity" may be contained in one or more "Task Orders." 1. TERM. This Agreement shall continue for the period purchased by the Ordering Activity as set forth in the relevant task order. 2 SERVICES. 2.1 Services. e -Builder agrees to provide the services described in the relevant Task Order (the "Services") to Customer subject to the terms and conditions of this Agreement, in consideration for the payments set out therein. Customer acknowledges that e -Builder Enterprise" software may be modified or upgraded from time to time, and that "Services" and `Customer Support" provided to Customer shall only include the use of the most recent version of e -Builder Enterprise'. 2.2 License of Software. Customer's right to use the Services (including, without limitation, the limited license to use e - Builder Enterprise' software), is limited to the restrictions contained herein, including those related to the number of users, projects, annual capital program expenditures and/or period of use. The Customer acknowledges that title to and copyright in the software applications supplied by e -Builder (including e -Builder Enterprise°") are reserved by e - Builder. Customer acquires no right in any software, copyrights, patents or any other intellectual property belonging to or licensed by e -Builder, other than the specific limited rights to the Services. e -Builder is and shall remain the sole owner of all copyrights, trademarks, patents and other proprietary rights in and to all aspects of the Services (including, without limitation, all software, code and designs used in providing the Services). 3. 4. WARRANTIES 4.1 Representations. Customer represents, warrants and covenants the following to e -Builder: (i) Customer currently possesses all necessary licenses, permits, insurance and approvals required validly to execute, deliver and perform its duties under this Agreement and is qualified to do business in all jurisdictions where such qualification is required for Customer's performance of its duties under this Agreement, (ii) To the best of its knowledge and ability, Customer will comply with, and will use its best efforts to cause each subcontractor it may engage to comply with all applicable federal and state laws and regulations in performing its and their respective responsibilities under this Agreement and any subcontracts, and (iii) No information provided to e -Builder or disseminated through its software or systems shall infringe on or violate any trademark, copyright, trade secret, right of publicity or privacy (including but not limited to defamation), patent or other proprietary right of any third party. 4.2 Disclaimer of Warranty and Limitations of Liability. E -BUILDER DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM E -BUILDER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH E -BUILDER WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, E -BUILDER CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, E -BUILDER DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. EXCEPT FOR THE WARRANTIES SPECIFICALLY AND EXPRESSLY MADE HEREIN AND ANY WARRANTIES SPECIFICALLY PROVIDED IN THE GSA SCHEDULE 70 CONTRACT, E -BUILDER MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE DISCLAIMED. FOR ANY ONE OR MORE BREACH OF THIS AGREEMENT OR DEFAULT HEREUNDER, THE ENTIRE LIABILITY OF THE PARTY IN BREACH OR DEFAULT, AND THE EXCLUSIVE REMEDY OF THE OTHER PARTY, SHALL BE PAYMENT OF THE ACTUAL DAMAGES PROXIMATELY CAUSED BY SUCH BREACH OR DEFAULT, WHICH SHALL NOT EXCEED THE AMOUNT OF ONE (1) MONTH'S FEES PAID BY CUSTOMER HEREUNDER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT. THESE LIMITATIONS ON THE LIABILITY OF EITHER PARTY SHALL APPLY TO ANY AND ALL CAUSES OF ACTION THAT EITHER PARTY MAY HAVE AGAINST THE OTHER, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING A CLAIM, DEMAND OR 365 ACTION, INCLUDING, WITHOUT LIMITATION, WHETHER IT SOUNDS IN CONTRACT OR TORT, BUT SHALL NOT APPLY TO OR LIMIT SUMS DUE HEREUNDER TO E -BUILDER FOR SERVICES. This clause shall not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this Contract under any federal fraud statute, including the False Claims Act, 31 U.S.C. §§ 3729-3733. Furthermore, this clause shall not impair nor prejudice the U.S. Government's right to express remedies provided in the GSA Schedule 70 contract (e.g., clause 552.238-75 — Price Reductions, clause 52.212-4(h) — Patent Indemnification, and GSAR 552.215-72 — Price Adjustment — Failure to Provide Accurate Information). 4.3 Indemnity. e -Builder agrees to indemnify and hold harmless the Customer (for services rendered under a Task Order, as applicable), , its officers, directors, employees or agents from and against any claims made upon it by any third party, arising out of information or software provided by it or actions of its employees, agents or invitees. 5. AUDIT RIGHTS. e -Builder will have the right, during normal business hours and upon at least five (5) days prior written notice, to have an independent audit firm selected by e -Builder audit Customer's records relating to Customer's activities pursuant to this Service Agreement in order to verify that Customer has complied with the terms of this Agreement Such audits will be conducted no more than once in any period of twelve (12) consecutive months, and e - Builder will adhere to any security measures required by the Ordering Activity. 6. CONFIDENTIALITY. Confidential Information refers to all nonpublic information provided by one party to the other, but it does not include this Service Agreement. The Parties agree that, except to the extent necessary to implement the terms and conditions of this Agreement, when authorized in writing by the other Party or when otherwise required by law: (i) each Party will preserve and protect the confidentiality of the other Party's Confidential Information; (ii) neither Party will disclose to any third party the existence, source, content or substance of the other Party's Confidential Information, or make copies of such Confidential Information except as required by this Agreement; (iii) neither Party will deliver the other Party's Confidential Information to any third party, or permit such information to be removed from the premises of the Party receiving such information; and (iv) each Party shall advise any of its employees or agents working on or having access to the other Party's Confidential Information of the confidentiality of such information. 7. MISCELLANEOUS 7.1 Governing Law and Venue. This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States. 7.2 Notices. All notices required or permitted to be sent pursuant to this Agreement shall, unless otherwise specifically provided, be in writing and shall be deemed given when delivered personally or by facsimile, overnight air courier or certified mail (postage prepaid, return receipt requested), to the addresses shown above or such other substitute address designated in writing. 7.3 Force Maieure. Notwithstanding any other provision of this Agreement, if by reason of Force Majeure, any Party is unable to perform certain of its obligations under this Agreement it shall be automatically relieved of those obligations to the extent, and for the period of time, that such Party is prevented from meeting them by Force Majeure. E -BUILDER, INC. "Customer" By: By: Title: Title: Date: Date: 366 367 Labor Awarded Net SIN Functional ResponsibilityYears of Experience Educational Requirements UOI category GSA Price As primary point of contact for the customer, the Project Bachelors degree in a business Manager Is proficient in the latest hardware, software, and At least six years of technical expedence or technical field such as network technologies. Directs completion of complex with computer and network system Information Technology, ecfo information technology tasks within estimated timeframe and Inr architecture within variety of Information of Ino r Engineering, Computer 132-51 Project Manager budget constraints, while oversees all project work. Schedules Technology environments. requires Science. In lieu of Bachelors $ 167.51 Hourly and assigns duties to subordinates and subcontractors and excellent oral and written communications degree, six years relevant assignments are completed a directed. Enforces work kills, with the ability to muld-task experience and/or technical standaensures Mc and res requires work discrepancies to ensure i certificates may be substituted. scope compliance with scope requirements. staph Demonstrated ability to provide guidance and direction for specific sub -tasks of a project. The Senior Project Manager is proficient in the latest hardware, software, and network technologies and acts as the overall lead, manager and administrator for the effort. Serves as the primary interface and point of contact with program authorities and representatives on technical and prograr dproject issues. Leads team on large A Bachelors Degree in a complex projects of significance. Coates innovation solutions Eight years of management and supervisory business or technical field such for complex projects scheduling, technology, methodology, experience with computer and network as Information Technology, Senior Project tools, and solution components. Provides systems analysis and system architecture within a vadety of Engineering, or Computer 132-51 Manager programming activities for a customer site, facility or multiple Information Technology environments. Science. In lieu of a Bachelors $ 263.22 Hourly locations. Prepares plans for application selection, systems Position requires excellent oral and written degree, six years of relevant development, systems maintenance, and production activities communication skills, with the ability to work experience can be and for necessary support resources. Supervises multi -task, substituted. programlproject operations by developing procedures, planning and directing execution of the technical programming, maintenance and administrative support effort and monitoring and reporting progress. Manages acquisition and employment of pmgmmdproject resources. Manages and controls financial and administrative aspects of the program/project with respect to contract requirements. Responsible for all aspects of project. Serves as interface and point of contact with program A Bachelors Degree in a authorities and representatives on technical and project issues. business or technical field such Plays a major part in pmgramfproject operations by developing Four years of experience in IT related as Information Technology, 132-51 Consultant procedures, planning and directing execution of the technical business and consulting. Position requires Engineering, or Computer $ 215.37 Hourly programming, maintenance and administrative support effort excellent oral and written communication Science. In lieu of a Bachelors and monitoring and reporting progress. Reports on acquisition skills, with the ability to multi -task. degree, six years of relevant and employment of pmgmrrVpmject resources to Project work experience can be Managers. substituted. 367 368 e -Builder, Inc. Page 16 GSA SIN MFR MFR PART NO PRODUCT DESCRIPTION UOI PRICE Warranty COO 132-52 e -Builder EB -ENT E -Builder Enterprise Platform which includes up to 15 named Up to 15 users/ per year $ 21,916.62 Standard US users. One year subscription license. Warranty Additional e -Builder Enterprise user licenses (above the 15 users Standard 132-52 e -Builder EB-ADDL included with the Enterprise Platform). One year subscription Per User/ Per Year $ 1,461.11 Warranty US license. Price per user per year. e -Builder Enterprise Government Edition which includes core 132-52 e -Builder eB-Ent-Gov-15-Named platform and up to 15 named users. One year subscription license Platform with up to 15 $ 24,876.80 Standard US with auto renewal. Includes e -Builder Enterprise 15 named, users / year Warranty Business Intelligence Add-on, Sandbox, oData API, and BIM e -Builder Enterprise Government Edition hosted on AWS GovCloud (FAR & FedRAMP compliant) which includes core 132-52 e -Builder eB-Ent-Gov-15-Named (on platform and up to 15 named users. One year subscription license Platform with up to 15 $ 31,523.27 Standard US AWS GovCloud) with auto renewal. Includes e -Builder Enterprise 15 named, AWS users / year Warranty GovCloud Hosting, Business Intelligence Add-on, Sandbox, oData API, and BIM e -Builder Enterprise Government Edition which includes core 132-52 e -Builder eB-Ent-Gov-50-Named Platform and up to 50 named users. One year subscription license Platform with up to 50 $ 62,192.00 Standard us with auto renewal. Includes e -Builder Enterprise 50 named, users / year Warranty Business Intelligence Add-on, Sandbox, oData API, and BIM e -Builder Enterprise Government Edition hosted on AWS GovCIoud (ITAR & FedRAMP compliant) which includes core 132-52 e -Builder eB-Ent-Gov-50-Named (on platform and up to 50 named users. One year subscription license Platform with up to 50 $ 78,808.19 Standard us AWS GovCloud) with auto renewal. Includes e -Builder Enterprise 50 named, AWS users / year Warranty GovCloud Hosting, Business Intelligence Add-on, Sandbox, oData API, and BIM e -Builder Enterprise Government Edition which includes core e6 -Ent -Gov -20M- platform and unlimited users for capital programs up to $20 million Platform with unlimited Standard 132-52 e -Builder Capital Program USD. One year subscription license with auto renewal. Includes a users for up to $20 $ 44,459.49 Warranty us Builder Enterprise 20M Capital Program, Business Intelligence million in capital program Add-on, Sandbox, oData API, and BIM e -Builder Enterprise Government Edition hosted on AWS e6 -Ent -Gov -20M- GovCloud (ITAR & FedRAMP compliant) which includes core Platform with unlimited 132-52 e -Builder Capital_ Program (on AWS platform and unlimited users for capital programs up to $20 million users for up to $20 $ 56,337.97 Standard US GovCloud) USD. One year subscription license with auto renewal. Includes million in capital program Warranty Builder Enterprise 20M Capital Program, AWS GovCloud Hosting, Business Intelligence Add-on, Sandbox, oData API, and BIM e -Builder Enterprise Government Edition which includes core a Govgram platform and unlimited users for capital programs up to $50 million Platform with unlimited Standard 132-52 e -Builder Capital pilal_Program USD. One year subscription license with auto renewal. Includes a- users for up to $50 $ 90,249.43 Warranty US Builder Enterprise 50M Capital Program, Business Intelligence million in capital program Add-on, Sandbox, oData API, and BIM 368 e -Builder, Inc. Page 16 369 e -Builder, Inc. Page 17 GSA SIN MFR MFR PART NO PRODUCT DESCRIPTION UOI PRICE Warrant COO e-Builder Enterprise Government Edition hosted on AWS eB-Ent-Gov-SONE GovCloud (ITAR & FedRAMP compliant) which includes core Platform with unlimited 132-52 e-Builder Capital Program (on AWS platform and unlimited users for capital programs up to $50 million users for up to $50 $ 114,361.87 Standard US GovCloud) USD. One year subscription license wth auto renewal. Includes million in capital program Warranty Builder Enterprise 50M Capital Program, AWS GovCloud Hosting, Business Intelligence Add-on, Sandbox, oData API, and BIM e-Builder Enterprise Government Edition which includes core a G M platform and unlimited users for capital programs up to $300 Platform with unlimited Standard 132-52 e-Builder Capital_Program apical Program million USD. One year subscription license with auto renewal. users for up to $300 $ 217,086.47 Warranty US Includes e-Builder Enterprise 300M Capital Program, Business million in capital program Intelligence Add-on, Sandbox, oData API, and BIM e-Builder Enterprise Government Edition hosted on AWS GovCloud (ITAR & FedRAMP compliant) which includes core eB-Ent-Gov-300M- platform and unlimited users for capital programs up to $300 Platform with unlimited Standard 132-52 e-Builder Capital—Program (on AWS million USD. One year subscription license with auto renewal. users for up to $300 $ 275,086.67 Warranty US GovCloud) Includes e-Builder Enterprise 300M Capital Program, AWS million in capital program GovCloud Hosting, Business Intelligence Add-on, Sandbox, oData API, and BIM e-Builder Enterprise Government Edition which includes core platform and unlimited users for capital programs up to $500 Platform with unlimited Standard 132-52 e-Builder Capital_Program CapiteB-Eal million USD. One year subscription license with auto renewal, users for up to $500 $ 289,707.32 Warranty US Includes e-Builder Enterprise 500M Capital Program, Business million in capital program Intelligence Add-on, Sandbox, oData API, and BIM e-Builder Enterprise Government Edition hosted on AWS GovCloud (ITAR & FedRAMP compliant) which includes core eB-Ent-Gov-500M- platform and unlimited users for capital programs up to $500 Platform with unlimited Standard 132-52 e-Builder Capital_ Program (on AWS million USD. One year subscription license with auto renewal. users for up to $500 $ 367,110.05 Warranty US GovCloud) Includes e-Builder Enterprise 500M Capital Program, AWS million in capital program GovCloud Hosting, Business Intelligence Add-on, Sandbox, oData API, and BIM e-Builder Enterprise Government Edition which includes core platform and unlimited users for capital programs up to $1000 Platform with unlimited Standard 132-52 e-Builder Capilal_Program CapiteB-Eal million USD. One year subscription license with auto renewal. users for up to $1000 $ 391,598.27 Warranty US Includes e-Builder Enterprise 1000M Capital Program, Business million in capital program Intelligence Add-on, Sandbox, oData API, and BIM e-Builder Enterprise Government Edition hosted on AWS - GovCloud ([TAR & FedRAMP compliant) which includes core eB-Ent-Gov-1000W platform and unlimited users for capital programs up to $1000 Platform with unlimited Standard 132-52 e-Builder Capital Program (on AWS million USD. One year subscription license with auto renewal, users for up to $1000 $ 496,223.76 Warranty US GovCloud) Includes e-Builder Enterprise 1000M Capital Program, AWS million in capital program GovCloud Hosting, Business Intelligence Add-on, Sandbox, oData API, and BIM 369 e -Builder, Inc. Page 17 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Amendment Number One to the FDOT Landscape Maintenance Memorandum of Agreement with The Moorings for Additional Landscaping on AIA DATE: August 3, 2018 DESCRIPTION AND CONDITIONS On March 19, 2013 the Board of County Commissioners adopted Resolution 2013-019 Authorizing the Execution of a FDOT District Four Landscape Maintenance Memorandum of Agreement for landscaping along SRA1A within The Moorings Corridor. On May 26, 2017 the Board of County Commissioners approved a Commitment of Landscape Maintenance Amendment between The Moorings Property Owners Association (MPGA) and the County. This Commitment was necessary for the MPOA to obtain permits from FDOT to install additional landscaping, at the Moorings expense, within the SRA1A corridor established in Resolution 2013-019. The MPOA entered into the amended Commitment of Landscape Maintenance with Indian River County, obligating the MPOA to continued, on-going maintenance of all the landscaping they install. The Moorings Property Owners Association (MPGA) intends to fund and complete the landscaping project in 2019 or 2020 per the requirements of the FDOT permit. The FDOT has requested that the County enter into an amended Landscape Maintenance Memorandum of Agreement adding the additional landscaping installed by the MPOA to the original agreement. 1110117101[0 Funding is not required for this action. RECOMMENDATION Staff recommends approval of Amendment One to the State of Florida Department of Transportation Landscape Maintenance Memorandum of Agreement and Resolution and Authorize the Chairman to execute the agreement after the agreement has been reviewed and approved by the County Attorney as to form and legal sufficiency. MWfff ,'thiI4iW, FDOT Landscape Maintenance Memorandum of Agreement with Exhibits May 26, 2017 Executed Commitment of Landscaping Maintenance DISTRIBUTION Clint Black, Moorings Property Owners Association President APPROVED AGENDA ITEM FOR August 14, 2018 370 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@i 282697B5\@BCL@282697B5.doc SECTION No.(s): 88070 S.R. No.(s): AIA PERMIT No: 2017-L-490-0003 COUNTY: INDIAN RIVER DISTRICT FOUR (4) AMENDMENT NUMBER ONE (1) TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AMENDMENT Number One (1) to the Agreement dated April 2, 2013, made and entered into this day of 20 by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the AGENCY. WITHNE.SSETH WHEREAS, the parties entered into a Landscape Maintenance Memorandum of Agreement dated, April 2, 2013 for the purpose of maintaining the landscape improvements by the AGENCY on State Road A1A; and, ,WHEREAS, the AGENCY (through and adjacent property owner) has agreed to add additional Landscape to be installed on State Road A1A) in accordance with the above referenced Agreement; and, WHEREAS, the AGENCY by Resolution No.. dated , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorized its officers to do so; and, NOW THEREFORE, for and in consideration of mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT shall modify the Agreement dated April 2, 2013 to correct the most southerly and northerly limits' milepost at the intersection of State Road A1A and Spyglass Lane by adding the following provisions: Modify the limits of the original agreement at the intersection of State Road A1A and Spyglass Lane from (M.P. 2.084) to corrected (M.P. 1.560). The northerly end milepost at Moorings Golf Maintenance Entrance from (M.P. 2.897) to corrected (M.P. 2.987). The limits therefore shall include State Road A1A from Spyglass Lane (M.P. 1.560) to Moorings Golf Maintenance Entrance ((M.P. 2.987) 2. The following provision shall be added to the Agreement: 371 Page 1 of 13 7 ADJACENT PROPERTY OWNER IMPROVEMENTS The DEPARTMENT may allow an adjacent property owner to construct additional landscape improvements within the limits of the right of way identified in Exhibit A of this document that the AGENCY shall be responsible for maintaining under this agreement subject to the following conditions: (a) Plans for any new landscape improvements shall be subject to approval by the DEPARTMENT and shall require a valid permit attached with a letter of consent to said plans by the AGENCY. The plans shall not be changed or deviated from without written approval by the DEPARTMENT and the AGENCY. (b) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (c) The AGENCY agrees to comply with the requirements of the Agreement with regard to any additional landscape improvements installed by an adjacent owner. (d) If the Adjacent Property Owner's landscape improvements include additional maintenance requirements, the DEPARTMENT and the AGENCY shall agree in writing and shall enter into an Agreement describing the additional requirements. 3. Pursuant to the provision added in Section 1 of this amendment the AGENCY has agreed to allow the Adjacent Property Owner to construct additional landscape improvements or to modify an improvement located as indicated in Exhibit "A" on State Road AIA between (M.P. 1.569) to (M.P. 1.968) in accordance with the plans attached as Exhibit "B". 4. The AGENCY shall agree to maintain the additional landscape improvements in the Agreement described above according the Exhibit "C" Maintenance Plan, attached. Except as modified by this Amendment, all terms and conditions of the original Agreement and all Amendments thereto shall remain in full force and effect. LIST OF EXHIBITS Exhibit A - Landscape Improvements Limits and Maintenance Boundaries Exhibit B - Landscape Improvement Plans Exhibit C — Maintenance Plan 372 Page 2of13 In Witness whereof, the parties hereto have executed with this Amendment effective the day year written and approved. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Peter D. O'Bryan, Chairman BCC Approved: 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 Approved: By Jason E. Brown County Administrator 373 Page 3 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Development Director Attest: (SEAL) Executive Secretary Legal Review Date Office of the General Counsel 4 374 SECTION No.(s): 88070 S.R. No.(s): AIA PERMIT No: 2017-1-490-0003 COUNTY: INDIAN RIVER EXHIBIT A LANDSCAPE IMPROVEMENTS LIMITS AND MAINTENANCE BOUNDARIES L ORIGINAL LANDSCAPE MAINTENANCE AGREEMENT LIMITS [MISSTATED]: State Road A1A from Spyglass Lane (M.P. 2.084) to Moorings Golf Maintenance Entrance (M.P. 2.897) II. AMENDED AGENCY MAINTENANCE LIMITS: State Road A1A from Spyglass Lane (M.P. 1.560) to Moorings Golf Maintenance Entrance ((M.P. 2.987) III. LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARY MAP FOR PERMIT 2017-L-490-0003: PERMIT LANDSCAPE PROJECT LIMITS: State Road AIA from M.P. 1.569 to M.P. 1.968 Please See Attached 5 375 LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARY MAP INDIAN RIVER COUNTY FOOT PERMIT NO. 2017-L-490-0003 UMIT5 OF MAINTENANCE- 5Y AINTENANCE 5Y IND.AN RIVER COUNT! 376 SECTION No.(s): 88070 S.R. No.(s): A1A PERMIT No: 2017-L-490-0003 COUNTY: INDIAN RIVER EXHIBIT B LANDSCAPE IMPROVEMENT PLANS The AGENCY agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Robin Pelensky, RLA Surlaterre Landscape Architecture LLC Date: May 24, 2017 6 377 i INDEX OF PLAN5 Sheet No. 5heet Description LI Limit of Work L2' Planting Plan LOCATION MAP PREPARED FOR: The Moorings Property Owners Association Clint Black, President P,O. Box 160278 Vero Beach, FL .32963 PREPARED BY: 5uriaterre Landscape Architecture LLC Robin Pelensky, RLA P.O. Box 1991 Vero Beach, FL 3296 1 772-913-4148 Governing Standards and 5pecifications: 2017 Florida Department of Transportation, Design 5tandard5 and 2017 Standard 5peafications for Road and Bridge Construction LIMIT OF WORK PALM PLANTING AREAS ON STATE ROAD A I -A R.O.W. ZND PROJECT BEGIN PROJECT I 101 0 200 8o 1200 feet SCALE. V- 2W LAND5CAPE PERMIT NUMBER 2017-L-490-0003 suriaterre �, —47 »2A, 3..1.e 5(yq� U- 0 c� �Q O 3 a- U - O � } flG 0 o Cj � Z2 ,w Q �r o �•lb�9 a..k, p icor sneer: LI 378 tND PP,0,1LCT i I __ _.w__. _..�._..-.__._�..�__._�...__ _^ �!)!'STING la.r« a•+w p)�a.m.•rnTn.,M Rink ��••�(� Kaiv Td r.e.♦M,.,a Nin, Tt. yYMPSFde, •1 CSIDEWALK /aa ad rwl w.a.a •,eea ranee tti �f fila! adf hw «,wv,-1T, b 650' UM;T DF GiXAR SIGN CS 55MPH p iGN SPEED ad MOR20NTAL CUM ZONE AS IRR MIM NO, 546 2 LANE 2 WAY FLARED ) RDw sur1atcrre Ownership of all suitable excavated matenals, as determined by the Department. shall remain in the Deartment until a final \F_-Row FDOT GENERAL RULE5 t Ownership of all suitable excavated matenals, as determined by the Department. shall remain in the Deartment until a final \F_-Row acceptance of the permitted project is fulfilled. Excavated materials shall be hauled by the Permittee, at their cost 2 expense from'the site to the Treasure Coast Operations Center --- `' or stockpiled in those areas as directed by the Department. including asphalt mitlimas. FDOT PLAN TING NOTES Cypress Mulch is not permitted on FOOT right of way. Mulch permitted to be used are Hardwood Mulch (contaimng no Cypress products), F cycleel Mulch or approved equal, certified by the Mulch and Soil Council (M5C). 50=1: proof of certification to the FDCF District Operations Permit Landscape Inspector upon inspection. NOTE TO CONTRACTOR; 1.Note, all underground utilities and drainage pipes when planting. 2. Contractor shall repair arty and all damage done to FDOT property dunng demolition. relocation andior installation activities at his sole expense. 3. installation shall comply with current FOOT standard specficatio s 580-2. 1. 4. All landscape plant material will be installed according to FDOT Design Standard Index 544 Landscape Installation. 5. All disturbed areas will be sodded within one (1) week of installation of said permitted work in accordance with Design Standard Index 105 and 5tandard 5pecffiratiors Sections I G2, 570, 981, 983, 987 of the Departments latest edition of Governing Standards and Standard 5pectficattons. M, W�aiaYwha Naw i. `111 OYLRttEAp f R untj rnm YP. / t fdge d POodvry io« Fag, sn.�woace+a as F of 514a1ik PALM SPACING' DETAIL- TYP. PLANT SCHEDULE PALM TRFfS COMMON NAME t BOTANICAL NAME DE55CRIFTION . 12 Alexander Palm ! Ptychosperma eieo,ans 14.5' CT mm., 5GL Trunk 5MR1.185 COMMON NAME J BOTANICAL NAME DE5CRIPTION 24 Fakahatcheee Graas ! Tnpsacum dactyloides 3 gal. Full, Maintain at Natural Mature tit. 168 5r Non -Cypress Mulch EXISTING GO!ICRETE R)>!yr.MiMr.*.asaxa+Naae nl 5fDLWALK :..tyaw r,�m.mn.m. so HDR1204TA4 CWAR ZON-'r / CONCRLTL 91DLWNX �$I�' ^OJLRt+.PAD ELLC7RIC • TtP. '.� WaiN f1K0JCCT L%tSTING t GONGRLTE J � t 9iDEWALR J l—ssauusrtorctEARsiG-r+c 1 55M -Ii DESIGN SPEED I lj AS PLR INM NO. 54G 2 IAV! 2 WAY FLARED a too 200 300 fog SCALE 1'= 100' FDOT 5AFETY NOTES The design speed for 5tate Road AI A is 55 mph. For the FDOT Standard Design Index 546 only a tree species that is not expected to become greater than 4" in diameter when measured G" above the ground is permitted within 30 From the travel lane, The proposed Alexander palms is a species that meets this criteria. IRRIGATION NOTE5 I . The trr gation system shall use the lowest quality water available which adequately and safety meets the water needs of the system. Storm water, reclaim water, or grey water irrigation shall be used whenever possible. 2. FOOT requires '24 hour emergency access to water source. 5. Should the existmg irngaton system -not be functional for a penod of time dunng constriction. ensure that measures are taken to -water the existing plant matemel and sod. 4. 100% coverage must be achieved where existing irngation modifications occur. 5, in order to ensure the entire existang irrigation system is restored to fully functional condition, the contractor and maintaining agency are to perform a pre -installation visual inspection and performance test to document the condition of the exrsting system. Arty repairs that are required to the, existing system to remain will be performed by the maintaining agency prior to installation. Any existing or proposed components that are damaged dunng installation will be the responsibility of the contractor. The entire system must be restored to the same condition it was in before the start of construction. G. Contractor shall. provide FDOT District Operations Manager with a set of "As -Built~ irrigation plans, also showing the location of the controllers. .�..a w.zT Si ET: L2 Cir: E 379 SECTION No.(s): 88070 S.R. No.(s): AIA PERMIT No: 2017-L-490-0003 COUNTY: INDIAN RIVER EXHIBIT C MAINTENANCE PLAN 7 380 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): AIA from (M.P. 1.569) to (M.P. 1.968) Permit No(s): 2017-L-490-0003 Maintaining Agency: Indian River County RLA of Record: Robin Pelensky Date: May 24, 2017 I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: The purpose of a plan for the landscape improvements maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and conserving our natural resources. Plantings and all other landscape improvements shall be maintained to avoid potential roadway hazards and to provide required clear visibility, accessibility, clearance, and setbacks as set forth by Florida Department of Transportation (FDOT) governing standards and specifications: FDOT Design Standards, FDOT Plans Preparation Manual Vol. 1, Chapter 2.11 and FDOT Standard Specifications for Road and Bridge Construction, as amended by contract documents, and all other requirements set forth by the District 4 Operations Maintenance Engineer. The initial portion of the Maintenance Plan describes general maintenance requirements and recommendations. The concluding section provides recommendations prepared by the Registered Landscape Architect of Record specific to the attached approved plans. WATERING REQUIREMENTS Watering is a critical concern for not only the maintenance of healthy plant material but also for observing water conservation practices. The amount of water to apply at any onetime varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on FDOT roadways. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone, but not saturate the soil or over -spray onto travel lanes. IRRIGATION SYSTEM The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours (most notably "rush hour' traffic periods). It is imperative the irrigation controller is properly set to run early enough that the watering process will be entirely completed before high traffic periods, while adhering to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system shuts down when there is sufficient rainfall. INTEGRATED PLANT MANAGEMENT An assessment of each planting area's soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth. 8 381 Palms, shrubs, trees and turf areas shall be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Please be alert to changes in fertilization types per University of Florida, Institute of Food and Agricultural Services (I.F.A.S.) recommendations. Establishment of an integrated pest management program is encouraged to ensure healthy plants, which are free of disease and pests. MULCHING Mulch planting beds in such a manner as to prevent weed growth, retain moisture to the plants, protect against soil' erosion and nutrient loss, maintain a more uniform soil temperature, and improve the appearance of the planting beds. Avoid mulch mounded up on the trunks of trees, palms, and the base of shrubs to encourage air movement in this area which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. PRUNING All pruning, and the associated safety criteria, shall be performed according to American National Standard Institute (ANSI) A300 standards and shall be supervised by an International Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and natural growth of plant materials in mind, to specific pruning heights maintaining clear visibility for motorists, and provide vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions, and all trees and palms must be maintained to prevent potential roadway and pedestrian hazards, all palms are to be kept fruit free. The specific pruning heights are determined by understanding the designer's intent when selecting and placing the plants. The intended mature maintained height and spread of plants are noted on the plans (See Exhibit B.) and see Part II., Specific Project Site Maintenance Requirements and Recommendations as guidance. The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) are to be mature height in compliance with Window Detail. Vertical tree heights must meet FDOT Maintenance Rating Program (MRP) standards. See Reference pages. STAKING AND GUYING All staking materials, except for replacements, are to be removed by the completion of FDOT establishment or after one year (whichever comes first). Any subsequent staking and guying activities by the Agency must adhere to FDOT Design Standards guidelines (See Index 544). The Agency shall closely monitor staking and guying attachment materials so that they are securely fastened to avoid potential roadway hazards. TURF MOWING: All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy root system while providing a neat and clean appearance to the urban landscape. All tu[f efforts, mowing, curb/sidewalk edging and turf condition, must at a minimum, meet FDOT Maintenance Rating Program (MRP). LITTER CONTROL: The project site shall remain as litter free as practicable. It is recommended to recycle this litter to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance Rating Program (MRP) standards. 9 382 WEEDING/HERBICIDE All planting areas shall be maintained as weed free as practicable by enlisting integrated pest management practices in areas specified on the plans and maintaining proper mulch levels. Extreme care is recommended when using a chemical herbicide to avoid overspray onto plant materials. It is the applicator's responsibility to restore any damage resulting from overspray to the plantings, per the approved plans. PLANT REPLACEMENT Plant replacement shall be the same species and specification as the approved plan. Move and replace all plant materials that may conflict with utility relocations and service. Only plants graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a permit is required from FDOT for approval by the FDOT District Landscape Architect. HARDSCAPE (SPECIALTY SURFACING) All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the surfacing and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current FDOT Maintenance Rating Program Handbook Pages 43-47; ADA accessible sidewalk; and FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on The State Highway System. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. HARDSCAPE (CONCRETE PAVERS) All tree grates and concrete pavers (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICP/), Guide Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair and replacement of the sign panel, post, and base. HARDSCAPE (NON-STANDARD) TRAVELWAY SURFACING It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement (if applicable), caused or contributed by the installation or failure of non-standard surfacing, and/or the header curb, on the Department of Transportation right of way within the limits of this Agreement. Pavement restoration areas or "patches" will have a minimum length of 10 -ft, measured from the edge of the header curb, and a width to cover full lanes for each lane affected by the restoration. Pavement restoration will be performed in accordance with the most current edition of the FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for Design, Construction, Maintenance and utility Operations on the State Highway System. 10 383 HARDSCAPE (LANDSCAPE ACCENT LIGHTING) (IF APPLICABLE) Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, they shall be replaced with the same type and specification as the approved plan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching. MAINTENANCE OF TRAFFIC CONTROL Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and / or new installations of this DOT roadway. VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA) (IF APPLICABLE) To avoid conflicts with permitted outdoor advertising, please reference the State of Florida website regarding the vegetation management of outdoor advertising. This website provides a portal to search the FDOT Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Also, reference the Florida Highway Beautification Program website link for Vegetation Management at ODA signs Florida Statutes and Florida Administrative Code related to vegetation management at outdoor advertising sign, permit applications for vegetation management and determining mitigation value of roadside vegetation. II. SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS Fakahatchee grass should be pruned back in early spring just prior to new shoot growth. Throughout the year, removed ragged, dead leave by combing the grass with a pitchfork. Alexander palms are self-cleaning. Remove fallen fronds when necessary. Fertilize in spring and fall to maintain green fronds. 11 384 REFERENCES This reference list is provided as a courtesy. The list may not contain the most current websites. The most current references must be accessed for up to date information. Accessible Sidewalk (ADA) http://www. access-board.g ov/g u id el i nes-and-standards/streets-sidewalks Americans with Disabilities Act (ADA) (ADAAG) http://www.ada.gov/2010ADAstandards index.htm American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations — Trees, Shrub, and Other Woody Plant Maintenance — Standard Practices (Pruning), available for purchase http://webstore.ansi.org Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Plants 2015 hftp://www.freshfromflorida.com/Divisions-Offices/Plant-I ndustry/Bureaus-and-Services/Bureau- of-Pla nt-and-Apiary-inspection Florida Department of Community Affairs (DCA), Florida Board of Building Codes & Standards, 2017 Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A http://www2.iccsafe.6rg/states/florida codes/ Florida Department of Transportation, Program Management, Maintenance Specifications Workbook Supplemental Specifications, Section 580 Landscape Installation http://www.fdot. oq v/programmanagement/Maintenance/2018Jan/default.shtm Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 580-001 Landscape Installation http://www.fdot:gov/desi nq /standardplans/current/lDx/580-001.pdf Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, Chapter 212.19 Clear Sight Triangles http://www.fdot.gov/roadway/FDM/current/2018FDM2121ntersectiohs. pdf Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, Chapter 215.2.3 Clear Zone Criteria and 215.2.4 Lateral Offset Table 215.2.1 Clear Zone Width Requirements Table 215.2.2 Lateral Offset Criteria (for Trees) http://www.fdot.gov/roadwa�FDM/current/2018FDM215RoadsideSafety.pdf 12 385 Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index Series 102-600 Traffic Control through Work Zones hftp://Www.fdot.gov/design/standardplans/current/lDx/102-600.pd Department of Transportation, Landscape Architecture Website www.MvFloridaBeautiful.com Florida Department of Transportation, Maintenance Rating Program Handbook http://www.dot.state.fl. us/statemaintenanceoffice/MaintRatingProgram.shtm Florida Department of Transportation Outdoor Advertising Database hftp://www2.dot.state.fl.us/rightofwa y/ Florida Exotic Pest Plant Council Invasive Plant Lists http://www.flep.0c.or-q/list/list.htm Florida Irrigation Society http://www.fisstate.orq Florida Power and Light (FPL), Plant the Right Tree in the Right Place http://www.fpl.com/residential/trees/right tree right place.shtml 13 386 BOARD OF COUNTY COMMISSIONERS 180127th Street, Vero Beach, Florida 32960 Telephone: 772-567-8000 COMMITMENT OF LANDSCAPE MAINTENANCE (Amendment) FAX: 772-778-9391 This letter is to confirm a revision to the commitment by the Moorings Property Owners Association (MPOA) (Maintaining Agency) to maintain all landscape materials including pest control, fertilizing and tree maintenance which they have furnished and installed per FDOT Permit No. 2012 L 490 0001 and FDOT Permit No. 2017 L-490-0003 on SRA1A along the southern one and one-half mile Moorings Corridor. This Commitment of Landscape Maintenance is directed to Indian River County, contingent upon review and acceptance of the design plans and final construction documents by the Maintaining Agency. The Maintaining agency will verify continuing and on-going maintenance of all the landscaping they install and insure that the installation will adhere to FDOT safety regulations. Richard B. Szpyrka, P.E. Indian Z er County Signatu e Public Works Director Date BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA :o= By: J seph E. Flescher, Chairman B Approva3_: y 16, 2017 ATTEST: Je e . Smith, C r ourt and C By: D put Clerk Appro e a to fo �nd g ffi ency By' William K. DeBraal Deputy County Attorney r_(iv,4 '(�fac Maintaining Age,pcy R presentative (P nt) v Signature ff 71-,1 t Title �'4s W,Jc)e/f7 III 387 C:\Users\rszpyrka\Desktop\Item Folders\Moorings\FDOT SRA1A Landscape Maint Moorings Agr 032217.doc z x.1. �.�„ FhAda R.Cce LOCATION MAP INDEX OF PLAN5 Sheet No. Sheet Description I Limit of Work 2 Planting Plan 3 -Irrigation 4. Maintenance Plan I I AI -r /'NG 1A/r%0l' PREPARED FOR: The Moorings Property Owners Association George Bryant, President 960 Lantern Lane Vero Beach, FL 32963 PREPARED BY: 5urlaterre Landscape Architecture LLC Robin Pelensky, RLA P.O. Box 1991 Vero Beach, FL 32961 772-913-4148 Governing Standards and Specifications: 2016 Florida Department of Transportation, Design Standards No - 0 200 80 1200 Feet SCALE: 1"= 200' Permit Number: XXXX-XXX suriaterre ea ed Iasi,. t, g aci 772..,,.AlAB BOBM PElEXS�(Y, PU .pdmfMTcwlatertMa.mm umo%.aB sheer Of. 388 '—•--•--•--•--•--.--.--.--.--.--.--.--. 4 io'oc Iaoc Shrub/Group cover bed Edge of 51dewalk PALM SPACING DETAIL NOT TO 5CALE NOTE TO CONTRACTOR: � I P.OW Lg9q/� 4 L'-VROADWAY51TMACK A9 PER INDEXNO. 700 650' UMIT OF CLEAR SIGH 55MPN DESIGN SPEED AS PER iNDIX NO. 546 2 LANE 2 WAY FLARED I . Note all underground utilities and drainage pipes when planting. 2. Contractor shall repair any and all damage done to FDOT property during ddemolltlon, relocation andlor installation activities at his sole expense. 3. Installation shall comply with current FDOT standard specifications 580-2. 1. 4, All landscape plant material will be installed according to FDOT Design Standard Index 544 Landscape Installation. 5. All disturbed areas will be sodded within one (1) week of Installation of said permitted work in accordance with Design Standard Index 105 and Standard Specifications Sections I G2, 570, 98 1. 983, 987 of the Department's latest edition of Governing Standards and Standard Specifications. PLANT SCHEDULE PALM TREES COMMON NAME / BOTANICAL NAME DESCRIPTION 12 Alexander Palm / Ptychosperma eleejans G' Clear Trunk SHRUBS COMMON NAME / BOTANICAL NAME 24 Fakahatcheee Grass / Trlpsacum dactyloides I G8 5F Non -Cypress Mulch DE5CRIFTION 3 gal. Full, Maintain at Natural Mature Ht. ROW �`""` EXISTING SIDEWALK ® m 0 40 80 120 feet SCALE: 1"= 40' surlaterrc 0.o. 5b fp91. Wnhtem.Mde 3p6f 7M.813.4 t nB i0titti PELfNSKv, pw .ociensnofa"nalnrcla.aom LAaocnoo Lo J_ Q z fs z z z aJ Q o O } J u- (S) U- 0 =z �Fv O 0 U O0 > o2 CV/ W z a L o Q F- z Atq:Ys caN B�. cete�c ysa a:a SHEET: L2 OF: 389 --•-- A\,PA'N 73 .NtiMa.ar. .m. Mz' EXISTING \ I i I 14''- ROADWAY SETBACK CONCRETE / AS PEP, INDEX NO. 700 SIDEWALK' G50' LIMIT Of CLEAR SIGH 55MP11 DESIGN SPEED AS PER INDEX NO. 546 2 LANE 2 WAY FLARED ! io'oc Iaoc Shrub/Group cover bed Edge of 51dewalk PALM SPACING DETAIL NOT TO 5CALE NOTE TO CONTRACTOR: � I P.OW Lg9q/� 4 L'-VROADWAY51TMACK A9 PER INDEXNO. 700 650' UMIT OF CLEAR SIGH 55MPN DESIGN SPEED AS PER iNDIX NO. 546 2 LANE 2 WAY FLARED I . Note all underground utilities and drainage pipes when planting. 2. Contractor shall repair any and all damage done to FDOT property during ddemolltlon, relocation andlor installation activities at his sole expense. 3. Installation shall comply with current FDOT standard specifications 580-2. 1. 4, All landscape plant material will be installed according to FDOT Design Standard Index 544 Landscape Installation. 5. All disturbed areas will be sodded within one (1) week of Installation of said permitted work in accordance with Design Standard Index 105 and Standard Specifications Sections I G2, 570, 98 1. 983, 987 of the Department's latest edition of Governing Standards and Standard Specifications. PLANT SCHEDULE PALM TREES COMMON NAME / BOTANICAL NAME DESCRIPTION 12 Alexander Palm / Ptychosperma eleejans G' Clear Trunk SHRUBS COMMON NAME / BOTANICAL NAME 24 Fakahatcheee Grass / Trlpsacum dactyloides I G8 5F Non -Cypress Mulch DE5CRIFTION 3 gal. Full, Maintain at Natural Mature Ht. ROW �`""` EXISTING SIDEWALK ® m 0 40 80 120 feet SCALE: 1"= 40' surlaterrc 0.o. 5b fp91. Wnhtem.Mde 3p6f 7M.813.4 t nB i0titti PELfNSKv, pw .ociensnofa"nalnrcla.aom LAaocnoo Lo J_ Q z fs z z z aJ Q o O } J u- (S) U- 0 =z �Fv O 0 U O0 > o2 CV/ W z a L o Q F- z Atq:Ys caN B�. cete�c ysa a:a SHEET: L2 OF: 389 ADDITIONAL BACK-UP AGENDA ITEM 811 August 14, 2018 RESOLUTION NO. 2018-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT FOR SR AIA ALONG THE MOORINGS CORRIDOR TO ADD ADDITIONAL LANDSCAPE ON SR AlA WHEREAS, the Florida Department of Transportation (FDOT) and Indian River County entered into a Landscape Maintenance Memorandum of Agreement, dated April 2, 3013, (Agreement) in order to allow the Moorings Property Owners Association (MPOA) to install landscaping improvements on SR AI A along the southern one and one-half mile Moorings Corridor; and WHEREAS, SR A] A falls under the jurisdiction of District Four of the FDOT; and WHEREAS, FDOT and Indian River County wish to modify the Agreement to allow the MPOA to add additional landscaping. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT the Chairman is authorized to execute District Four Amendment Number One To State of Florida Department of Transportation Maintenance Memorandum 'of Agreement as described above. The foregoing resolution was moved for adoption 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. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2018. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY, FLORIDA JI -11 Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney Peter D. O'Bryan, Chairman 3 69- 1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM �`y TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., County Engineer FROM: Kirstin Leiendecker, P.E., Project Engineer SUBJECT: Work Order No. 1, Ardaman & Associates, Inc. 45th Street Improvements — 43rd Avenue to 58th Avenue IRC -1722, FDOT FM 436848-1 DATE: July 30, 2018 DESCRIPTION AND CONDITIONS On March, 13, 2018, the Board of County Commissioners approved an agreement with Masteller & Moler, Inc. for survey, design and permitting services to relocate the existing roadway to the south, enclose the sub -lateral 'H' canal along the south side of 45th Street from 43rd Avenue to west of 58th Avenue for approximately 1.2 miles in a manner consistent with the Gifford Neighborhood Plan. These improvements also include the addition of 5' wide paved shoulders, bike lanes, pavement markings, 6 -foot sidewalk on the south side of 45th Street for ADA compliance updates, existing sidewalk repairs, the replacement of failed or failing drainage pipes under the roadway. Masteller & Moler, Inc. has requested geotechnical testing necessary for the project design. On September 20, 2016, the Board of County Commissioners approved the renewal of the Annual Agreement for Professional Geotechnical Services with Ardaman & Associates, Inc. Work Order No.1 is to obtain general subsurface soil information in a not -to -exceed amount of $15,280.00 for support of the design as shown in Ardaman & Associates, Inc. Proposal No. 18-4772 (Exhibit A). FUNDING Funding is budgeted available from Secondary Roads — Road Resurfacing - Account No. 10921441- 053360 -17028 -45th Street (58th Avenue —43rd Avenue) for a not -to -exceed amount of $15,280.00. RECOMMENDATION Staff recommends approval of Work Order No. 1 to Ardaman & Associates, Inc. authorizing the above-mentioned professional services as outlined in Exhibit A and requests the Board to authorize the Chairman to execute the attached Work Order No.1 on their behalf for a not -to -exceed amount of $15,280.00. 390 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7C09722C\@BCL@7C09722C.doc Page 2 Work Order No. 1, Ardaman & Associates, Inc. 45th Street Improvements — 43rd Avenue to 58th Avenue For August 14, 2018 BCC Meeting ATTACHMENTS 1. Work Order No. 1 2. Exhibit A DISTRIBUTION 1. William Johnson, PE, IRC Rodway Production Manager 2. Ardaman & Associates, Inc. AGENDA ITEM FOR AUGUST 14, 2018 391 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7C09722C\@BCL@7C09722C.doc Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000, FAX: (772)-778-9391 Subsurface Soil Exploration For 45th Street Improvements (43rd Avenue to 58th Avenue) IRC -1722 WORK ORDER NO.1 (Engineering Division) FOR FOR PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ NO. 2014007 WITH ARDAMAN & ASSOCIATES, INC. All services performed underthiscontractshall be supervised and certified bya licensed Professional Engineer (PE) registered with the State of Florida and staff employed directly with yourfirm. Scope of Services All work shall be performed on a unit price or hourly rate basis in accordance with the attached Proposal for Subsurface Soil Exploration datedJuly27,2018 and shall comply with Standards enumerated in the ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ 2014007 WITH ARDAMAN & ASSOCIATES, INC. Effective Date: Octoberl, 2014, renewed September 20, 2016. SCOPE: Subsurface Investigation • 13 SPT Borings to 15' depth (roadway) • 4 SPT Borings to 35' depth (mast arm foundations) • 7 Pavement Cores Laboratory Testing • Organic Testing • Percent Fines Content Tests Maintenance of Traffic (MOT) All work shall also comply with the current Florida Minimum Technical Standards. COMPENSATION The COUNTY agrees to pay, and the Geotechnical Professional agrees to accept, a fee for services rendered accordingto the "Proposal forSubsurface Soil Exploration" identified in the attached EXHIBIT "A" Fee Schedule and Man Hours. 392 Work Order No.1 ARDAMAN &ASSOCIATES, INC. IRC -1722 A Not -to -Exceed Amount of: $15,280.00 to be paid on a unit price or hourly rate basis for actual work performed in accordance with the schedule of services and fees set forth in Exhibit A of the ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ 2014007 WITH ARDAMAN & ASSOCIATES, INC. Effective Date:Octoberl, 2014, renewed September20, 2016. TIME FOR COMPLETION This Work Order No.1 shall run concurrently with the design work for the 45th Street Improvements (43rd Avenue to 58th Avenue), IRC -1722. IN WITNESS HEREOF the parties hereto have executed these presents This day of .2019. OWNER 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: Dylan Reingold, County Attorney Jason E. Brown, County Administrator ARDAMAN & ASSOCIATES, INC tz!�E., Branch Manager Witnessed by: a.., &l.LL RdivA CAgaso (Printed name) Ik,- At 393 Ardaman & Associates, Inc. MW%Geotechnical, Environmental and Materials Consultants Indian River County 1801 27th Street Vero Beach, Florida 32960 Attention: Ms. Kristin Leiendecker, EIT Subject: Proposal for Subsurface Soil Exploration Proposed 45th Street Roadway Improvements 43rd Avenue to 60th Avenue Indian River County, Florida Ms. Leiendecker: AAI Proposal No. 18-4472 July 11, 2018 Revised July 27, 2098 r As requested by Mr. Stephen E. Moler, P.E. with Masteller & Moler, Inc., we are pleased to submit our proposal to perform a subsurface soil exploration and pavement coring services for the above referenced project. The purpose of this work is to obtain general subsurface soil information for the use of project design engineers. PROJECT UNDERSTANDING It is our understanding that this segment of 45th Street will be designed for various roadway and drainage improvements. The number and approximate location of soil borings and pavement cores were presented to us on a Soil Boring & Pavement Core Location Exhibit dated June 5, 2018 which was provided to us by Mr. Moler. FIELD EXPLORATION As requested, we propose the following field program: Borings and Type Depth (feet) Location Description Locations representative of a given roadway segment and surface 13 SPT 15 condition and conducted between the south edge of pavement and the adjacent drainage ditch. Proposed mast arm foundations or strain poles for traffic signals at 4 SPT 35 intersections of 43rd Avenue and 58th Avenue. Two borings per intersection at opposing corners where possible. The borings will be performed with truck -mounted drilling equipment in general accordance with the procedures recommended in ASTM D-1586. Please note that many of these boring locations will require temporary lane closures of the eastbound lane of 45th Street and associated Maintenance -of - Traffic (MOT). In addition, we will also perform seven (7) pavement cores at the requested locations within 45th Street. The thicknesses of the existing asphalt and pavement base material will be measured and recorded at each location. The pavement core locations will be positioned in areas of observed distress where possible. Coring of the roadway will require temporary lane closure of the eastbound lane of 45th Street and associated Maintenance -of -Traffic (MOT). The core holes will be backfilled with accumulated base material and patched with cold -patch asphalt upon completion. 460 NW Concourse Place, Unit 1, Port St. Lucie, Florida 34986 Phone (772) 878-0072 FAX (772) 878-0076 394 Louisiana: Alexandria, Baton Rouge, Monroe, New Orleans, Shreveport Florida: Bartow, Cocoa, Fort Myers, Miami, Orlando, Port Charlotte, Port St. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach 45th Street Roadway Improvements Page 2 AAI Proposal No. 18-4472 Prior to the mobilization of our drilling equipment, we will notify Sunshine State One -Call of Florida, Inc. (SSOCOF) of our planned exploration to allow affected utility companies the opportunity to mark the location of buried utility lines in the proposed exploration areas. The locating process will require a lead time of 3 to 5 business days. We cannot take responsibility for damages to private underground lines or structures and/or underground services which do not subscribe to SSOCOF; their locations should be provided by the client prior to commencement of the field work. We preliminarily estimate that only routine laboratory visual classification of the recovered samples will be required for this project. However, gradation tests and organic content tests on select samples will be performed if deemed necessary. The number of laboratory tests will be determined upon completion of the soil borings and will depend on the nature of the encountered soils. All laboratory tests will be performed in accordance with applicable ASTM standards. ENGINEERING REPORT Upon completion of our field exploration and laboratory testing program, an engineering report will be issued presenting the findings of our explorations and tests, and our comments on geotechnical aspects of the project. SCHEDULE Weather conditions permitting, we will start the field exploration program within 10 to 15 business days after receiving your written authorization to proceed. We preliminarily estimate that our field work will have a duration of 5 to 8 business days. Our laboratory testing and report preparation will require an additional 5 to 10 business days to complete, however, verbal recommendations can be provided shortly after the completion of the field exploration program. FEE ESTIMATE Based on our knowledge of the project to -date, the estimated cost of our geotechnical services for this project is $15,280.00 (including MOT). Should we encounter conditions on the site that warrant more investigative effort than anticipated, we will inform you immediately. Additional work or meetings in response to review of the report will incur an additional charge. The services are itemized below: Field Reconnaissance Senior Project Engineer: est. 4 hours @ $115.00/hour..................................................................... $460.00 Standard Penetration Test borings: 2 mobilizations @ $350.00/mobilization...................................................................................... $700.00 Standby between boreholes for MOT setup: est. 2 hours @ $250.00/hour................................ $500.00 13 SPT borings to 15 feet (195 feet total) @ $14.50/foot......................................................... $2,827.50 4 SPT borings to 35 feet (140 feet total) @ $14.50/foot........................................................... $2,030.00 Coring Equipment: 1 day @ $150.00/day........................... ........................... $150.00 .................................... Coring Crew: est. 12 hours @ $100.00/hour (two Sr. Field Technicians @ $50.00/hour) ............. $1,200.00 AsphaltPatch (lump sum): ................................................................................................................... $82.50 Laboratory Testing Organic Testing: est. 4 tests @ $30.00/test....................................................................................... $120.00 Percent Fines Content Tests: est. 10 tests @ 35.00/test.................................................................. $350.00 Engineering and Report Preparation Senior Project Engineer: est. 4 hours @ $115.00/hour..................................................................... $460.00 Project Engineer: est. 20 hours @ $95.00/hour.............................................................................. $1,900.00 395 45"' Street Roadway Improvements Page 3 AAI Proposal No. 18-4472 Maintenance of Traffic (MOT) We will subcontract the necessary MOT, services for our field exploration. We have anticipated a total of three days for maintenance of traffic control. MOT: Estimate 3 days @ $1,500.00/day (lump sum/day, Cost plus 15%) ....................................: $4,500.00 Total Estimated Project Cost (including MOT): ....................................................................... $15,280.00 TERMS AND CONDITIONS This proposal is subject to the applicable terms in the enclosed General Conditions, and to the following: (1) access to boring locations is to be readily available to our truck -mounted drilling equipment, (2) the provided scope of work will be adequate, (3) if deemed necessary, Ardaman & Associates, Inc. will coordinate the location of underground utility lines through SSOCOF. We cannot take responsibility for damages to private underground lines or structures and/or underground services which do not subscribe to SSOCOF; their locations should be provided by the client prior to commencement of the field work. CLOSURE Please sign and return the enclosed Proposal/Project Acceptance and Agreement form as an indication of your acceptance of our proposal terms and authorization to proceed with the work. Please complete the form in its entirety to help us set up your file correctly and please provide us with the names and addresses of all parties who should receive copies of our reports for this project. Please do not hesitate to contact our office should you have any questions concerning this proposal or whenever we may be of assistance to you. ARDAMAN & ASSOCIATES, INC. Dan rack,.E. Branch Manager Attachments: Proposal/Project Acceptance and Agreement Form General Conditions l77 Q Ardaiman 8 Associates, Inc. 396 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: August 4, 2018 Subject: Miscellaneous Budget Amendment 013 Description and Conditions 1. On December 5, 2017, the Board of County Commissioners approved the county's Capital Improvement Plan. One of the projects scheduled for FY 17/18 is lighting and electrical upgrades with circular fans at the Fairgrounds Complex. Funding will come from the Fairgrounds Improvement Fund through a journal entry generated at year end. Exhibit "A" appropriates $99,148 from General Fund/Cash Forward -Oct 1St 2. On July 3, 2018 the Board of County Commissioners approved the Emergency Management Federally Funded Subgrant Agreement (EMPG). Exhibit "A" appropriates the grant in the amount of $78,265. 3. The Parks Department will be installing a flag pole at Gifford Park at a cost of $ 2,200 and a pavilion at Hobart Park at a cost of $3,505. A replacement boat motor costing $8,570 is also needed. Additionally, replacement restroom fixtures are needed at Treasure Shores and Tracking Station Parks costing $ 26,331. Exhibit "A" appropriates the funding of $40,606 from General Fund/Reserve for Contingency. 4. The Program Manager for the Human Service Program is retiring. Due to the complexity of the position, an overlap of the position has been requested. Exhibit "A" appropriates the funding of $9,004 from General Fund/Reserve for Contingency. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2017-2018 budget. 397 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 ATIMNEV Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 013 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward -Oct 1st 001039-38/9040 $99,148 $0 Expense General Fund/Parks/Other Capital Improvements- Fairgrounds 00121072-066391 $99,148 $0 2. Revenue General Fund/Emergency Management Performance Grant 001033-331231 $78,265 $0 Expense General Fund/EMPG/Computer Software 00120825-035120-05050 $34,114 $0 General Fund/EMPG/Other Professional Service 00120825-033190-05050 $30,851 $0 General Fund/EMPG/All Travel 00120825-039020-05050 $2,430 $0 General Fund/EMPG/Registration 00120825-035430-05050 $870 $0 General Fund/EMPG/Other Operating Supplies 00120825-035290-05050 $10,000 $0 3. Expense General Fund/Parks/Other Improvements Except Bldgs 00121072-066390 $32,036 $0 General Fund/Parks/Other Machinery & Equipment 00121072-066490 $8,570 $0 General Fund /Reserves/Reserve for Contingency 00119981-099910 $0 $40,606 4. Expense General Fund/Human Service/Other Contractual Service 00121164-033490 $9,004 $0 General Fund /Reserves/Reserve for Contingency 00119981-099910 $0 $9,004 399 Consent Agenda C g Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael R. Smykowski Director, Office of Management & Budget Date: August 6, 2018 Subject: Miscellaneous Budget Amendment 014 Description and Conditions The 2017/2018 fiscal year ends September 30, 2018. All budget amendments must be completed within sixty (60) days after the close of the fiscal year to be in compliance with Florida Statutes. Staff is requesting the Board of County Commissioners to authorize the Budget Director to complete any necessary budget amendments for balancing the budget for the 2017/2018 fiscal year. Staff Recommendation Staff recommends that the Board of County Commissioners approve the attached budget resolution amending the fiscal year 2017/2018 budget. Attachment Budget Resolution Exhibit A 400 RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR OR THE DIRECTOR OF THE OFFICE OF MANAGEMENT & BUDGET OR THEIR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO AMEND THE FISCAL YEAR 2017-2018 BUDGET DURING THE PERIOD COMMENCING NOVEMBER 14, 2018, THROUGH AND INCLUDING NOVEMBER 29, 2018. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, it is necessary to delegate signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Assistant County Administrator, and the Director of the Office of Management and Budget to be able to make any necessary amendments to the Fiscal Year 2017-2018 budget prior to the closing of the fiscal year; and 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 or by the designated budget officer if the total appropriations of the fund does not change; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that: 1. The County Administrator, the Assistant County Administrator, and the Director of the Office of Management & Budget are authorized to execute all documents necessary to amend the Fiscal Year 2017-2018 budget, which may arise during the period commencing November 14, 2018, through and including November 29, 2018, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 2. The Effective Date of this Resolution is September 18, 2018, and this Resolution shall expire without further action of this Board at the close of business on November 29, 2018. The foregoing resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 401 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of , 2018. ATTEST: Jeffrey R. Smith', Clerk of Circuit Court and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS and OF INDIAN RIVER COUNTY, FLORIDA M Peter D. O'Bryan, Chairman Approved as to form and legal sufficiency in Dylan Reingold, County Attorney 2 402 Exhibit "A" Resolution No. 2018 - Budget Office Approval: Budget Amendment: 014 Michael Smykowski, Budget Director Entry Fund/ Department/Account Name Account Number Increase Decrease Number 1. Revenue 1 of 1 403 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: .August 7, 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 Grant Award from the Division of Historical Resources for the Jones' Pier Fruit Stand and Educational Kiosks at Significant Sites along Historic Jungle Trail DESCRIPTIONS AND CONDITIONS: On May 2, 2017, staff provided an informational item to the County Commissioners regarding an application made to the Division of Historical Resources for the Jones' Pier Fruit Stand and Educational Signage for Significant Sites along the Historic Jungle Trail/Indian River Lagoon. The application was successfully submitted and the County has been chosen to receive this funding for the 2018-19 funding cycle. THE PROJECT: This project is a smaller piece of the completion of the Jones' Pier Conservation Area by reproducing the original fruit stand on the property. In addition, the grant assists the County in highlighting other historical properties along the Indian River Lagoon and Historic Jungle Trail by providing educational kiosks and material at Pelican Island National Wildlife Refuge, Captain Forster Hammock Preserve, Archie Smith Fish House, the Kroegel Homestead, the Laura Riding Jackson House and the Old Winter Beach Road Bridge Tender's Site. The funding in this grant contract provides for a combination of County in-kind match of $10,500 and cash $17,050. The Division of Historical Resources will provide reimbursement of $27,550 as described in the table below. 404 Grant Cash In -Kind Total Site Survey $ 0 $ 0 $ 2,500 $ 2,500 Architectural $ 4,400 $ 3,600 $ 0 $ 8,000 Drawings Site Preparation $ 0 $ 0 $ 1,500 $ 1,500 Fruit Stand $15,000 $10,000 $ 0 $25,000 Reconstruction Exhibits and $ 3,000 $ 0 $ 4,000 $ 7,000 Educational Materials Design Exhibits $ 5,150 $ 3,450 $ 0 $ 8,600 Construction Exhibits $ 0 $ 0 $ 2,500 $ 2,500 Installation Total: $27,550 $17,050 $10,500 $55,100 FUNDING: In December 2015, the Board of County Commissioners approved an amendment to the Comprehensive Plan Capital Improvement Element for public access on conservation lands providing $2.9 million dollars over 5 years to be utilized toward public access improvements. Priority was given to establishing trails and related trail structures at conservation areas that are nearing final completion with the FCT outlined obligations. This project has been identified as a top priority through this process. Account number 00421072-066510-18010 has been established and will be utilized for expenses related to the Jones' Pier Conservation Area and the Division of Historical Resources Grant. Account number 004033-331700-18010 has been established as the receivables account for reimbursable expenses related to the grant. RECOMMENDATION: Staff respectfully recommends that the Board accept the Division of Historical Resources Small Matching Grant for 2018-19 and authorize the Chairman to execute the Agreement between the State of Florida, Department of State and Indian River County Parks Division, grant number 19.h.m.100.020. Attachments: Attachment A — Agreement between the State of Florida, Department of State and Indian River County Parks Division, grant number 19.h.m.100.020. 405 GRANT NAME: Division of -Historical Resources Small Matching Category GRANT # 19.h.m.100.020 AMOUNT OF GRANT: $27,550.00 DEPARTMENT RECEIVING GRANT: CONTACT PERSON: Beth Powell General Services 1. How long is the grant for? 1 year 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 50 5. Grant match amount required % 27'550.00 TELEPHONE: 772-226-1873 Starting Date: August 14, 2018 Yes X No X Yes No X partial Yes No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? In -Kind Services $10,500; Cash $17,050 - Capital Improvements for Conservation 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? 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 1 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ 0 TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? 2,500 ($500/yr maintenance) Signature of Preparer: 1,7421W Date: August 7, 2018 406 Grant Amount Other Match Costs Not Covered Match Total First Year $27,550 $ 0 $27,550 $ 55,100 Second Year $ 0 $ 0 $ 0 $ 0 Third Year $ 0 $ 0 $ 0 $ 0 Fourth Year $ 0 $ 0 $ 0 $ 0 Fifth Year $ 0 $ 0 $ 0 $ 0 Signature of Preparer: 1,7421W Date: August 7, 2018 406 AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND INDIAN RIVER COUNTY PARKS DIVISION 19.H.SM.100.020 This Agreement is by and between the State of Florida, Department of State, Division of Historical Resources hereinafter referred to as the "Division," and the Indian River County Parks Division hereinafter referred to as the "Grantee." The Grantee has been awarded a Small Matching Grant by the Division, grant number 19.h.sm.100.020 for the Project" Jungle Trail Greenway Public Access Improvements ", in the amount of $27,550.00 ('Grant Award Amount"). The Division enters into this Agreement pursuant to L ine I tem 3090, contained in the 2019 G eneral Appropriations Act, H13 5001, L aws of F lorida. The Division has the authority to administer this grant in accordance with S ection 267.0617, Florida S tatutes. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose: This grant shall be used exclusively for the " Jungle Trail Greenway Public Access Improvements", the public purpose for which these funds were appropriated. Page: 1 a. The Grantee shall perform the following Scope of Work: This project will result in the restoration and increased awareness of the Jungle Trail Greenway in Vero Beach, Indian River County. Restoration will involve the survey of the proposed site and the design and reconstruction of a replica of the historic fruit stand at Jones' Homestead. Education will involve the design, construction, and installation of 14 wayside exhibits at 7 locations on the greenway and the design and printing of 5,000 educational brochures. Grant funds will also be used for architectural / engineering services, including production of architectural drawings and the reconstruction, and the production of educational elements. All tasks associated with the Project shall meet the requirements set forth in this agreement. b. The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. Payment Number Deliverable Number Deliverable Description Documentation Payment Amount The performance measures documenting satisfactory completion of A completed Deliverables will be a Application and completed Certificate for Application and Payment (AIA Certificate for Document G702) and Payment (AIA Schedule of Contract Document G702) Values (AIA Document and Schedule of G703), or its 1 1 Contract Values (AIA equivalent, showing at Document G703), or least 30 percent of the 1'e $8265 project completed; one 40 7 2 12 Page: 2 its equivalent, showing at least 30 percent of the project completed; one (1) copy of the draft of the brochure; and one (1) copy of the design draft of the wayside exhibits to the Division for review and approval. The performance measures documenting satisfactory completion of Deliverables will be a completed Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or its equivalent, showing at least 60 percent of the project completed; one (1) electronic and one (1) hard copy of the brochure; evidence of the printing of the 5,000 brochures; and photographic evidence of the installation of the wayside exhibits on the trail to the Division for review and approval. The performance measures documenting satisfactory completion of Deliverables will be a completed Application and Certificate for Payment (AIA Document G702), (1) copy of the draft of the brochure; and one (1) copy of the design draft of the wayside exhibits to the Division for review and approval. A completed Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or its equivalent, showing at least 60 percent of the project completed; one $8,265 (1) electronic and one (1) hard copy of the brochure; evidence of the printing of the 5,000 brochures; and photographic evidence of the installation of the wayside exhibits on the trail to the Division for review and approval. A completed Application and Certificate for Payment (AIA 408 Schedule of Contract Document G702), Values (AIA Schedule of Contract Document G703), Values (AIA Document and a Certificate of G703), and a Substantial Certificate of Completion (AIA Substantial Document G704), or Completion (AIA its equivalent, Document G704), or showing 100 percent its equivalent, showing of the Project 100 percent of the completed, including Project completed, all retainage including all retainage amounts paid. The amounts paid; performance submission and measure acceptance of a Final documenting Project Progress satisfactory Report that certifies completion of that all project grant Deliverables will also funds and required be submission and match have been acceptance of a Final expended in the way Project Progress here agreed upon and Report that certifies the Project has been that all project grant closed out;. and a funds and required Single Audit Form match have been shall be completed by expended in the way the Grantee and here agreed upon submitted along with and the Project has the Final Progress been closed out. In Report prior to final addition, a Single payment. Audit Form shall be completed by the Grantee and submitted along with the Final Progress Report prior to final payment. $11,020 c. The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides details of how grant and match funds will be spent. All expenditures shall be in accordance with this budget (which is incorporated as part of this Agreement and entitled Attachment A) and must be incurred during the term of this Agreement, as stated in Section 2 of this Agreement. 2. Length of Agreement. This Agreement shall begin on 7/1/2018 and shall end 6/30/2019 unless terminated in accordance with the provisions of Section 33 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than thirty (30) days prior to the termination date of this Agreement and no amendment will be valid until a written amendment is signed by both parties as required in Section 7 and Section 15 of this Agreement. Page: 3 409 3. Contract Administration. The parties are legally bound by the requirements of this Agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement, and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below shall be submitted in writing to the contract manager within 10 days of the change. For the Division of Historical Resources: Yasha Rodriguez Florida Department of State RA Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6333 Email: BHPgrants@dos.myflorida.com For the Grantee: Contact: Swindell, Wendy Address: 5500 77th Street Vero Beach Florida, 32967 Phone: 772.226.1881 Email: wswindell@ircgov.com Grant Payments. All grant payments are requested online via www.dosgrants.com by submitting a payment request with documentation that the deliverable has been completed and documentation evidencing all expenses incurred in achieving the completion of the deliverable. The total grant award shall not exceed the Grant Award Amount, which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below: a. All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement. b. All payments will be made in accordance with the completion of those Deliverables. 5. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for the organization, the Grantee does not need to submit another authorization form unless the organization has changed bank accounts. The authorization form is accessible at hU:/Iwww.myfloridacfo.com/Division/AA/Forms/DFS-Al-26E.p�where information pertaining to payment status is also available. 6. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit hU://www.flvendor.myfloridacfo.com/ A copy of the Grantee's Florida Substitute Form W-9 must be submitted to the Division, as required, in advance of or with the executed Agreement. Amendment to Agreement. Either party may request modification of the provisions of this Agreement by contacting the Division to request an Amendment to the Contract. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. If changes are implemented without the Divisions written approval, the organization is subject to noncompliance, and the grant award is subject to reduction, partial, or complete refund to the State of Florida and termination of this agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes. a. Any advanced funds will be returned to the State of Florida if any Deliverable is not satisfactorily completed. b. Payments will be withheld for failure to complete services as identified in the Scope of Work and Deliverables � Page: 4 provide documentation that the deliverable has been completed, or demonstrate the appropriate use of state funds. If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work, the final payment will be reduced by an amount equal to the difference between spent state dollars and the Grant Award Amount. d. The Division may reduce individual payments by 10% if the completed Deliverable does not meet the Secretary of Interior's Standards and Guidelines or other industry standards applicable to the project. The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the grant period. This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the Agreement. Pursuant to Section 18, Grantee shall refund to the Division any excess funds paid out prior to a reduction of total grant funding. 9. Additional Special Conditions. Development Projects. a. All project work must be in compliance with the Secretary of the Interior's Standards and Guidelines available online at www.nl2s.gov/tps/standards.htm. b. The Grantee shall provide photographic documentation of the restoration activity. The Guidelines document regarding the photographic documentation is available online at www.flheritage.com/grants/categories/`­smaflmatching.cfm c. Architectural Services 1. All Projects shall require contracting for architectural/engineering services. 2. The Grantee may request a waiver of this requirement from the Division if they believe that the architectural/engineering services are not needed for the Project. The Division shall make a recommendation to the Grantee after review of the proposed work. d. Architectural Documents and Construction Contracts The Grantee shall submit the architectural services contract to the Department for review and approval prior to final execution. In addition, pursuant to Section 267.031(5)(1), Florida Statutes, the Grantee shall submit architectural planning documents to the Department for review and approval at the following stages of development: 1. Upon completion of schematic design; 2. Upon completion of design development and outline specifications; and 3. Upon completion of 100% construction documents and project manual, prior to execution of the construction contract. e. For the construction phase of the Project, in addition to the review submissions indicated above, a copy of the construction contract must be submitted to the Department for review and approval prior to final execution. Department review and approval of said contracts shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. f. For projects involving ground disturbance (examples include: historic building or structure relocation, grading and site work, installation of sewer and water lines, subgrade foundation repairs or damp proofing, construction of new foundations and installation of landscape materials), the Grantee shall ensure that the following requirements are included in all contracts for architectural and engineering services: a. Ground disturbance around historic buildings or elsewhere on the site shall be minimized, thus reducing the possibility of damage to or destruction of significant archaeological resources. Page: 5 411 b. If an archaeological investigation of the Project site has not been completed, the architect or engineer shall contact the Department for assistance in determining the actions necessary to evaluate the potential for adverse effects of the ground disturbing activities on significant archaeological resources. c. Significant archaeological resources shall be protected and preserved in place whenever possible. Heavy machinery shall not be allowed in areas where significant archaeological resources may be disturbed or damaged. d. When preservation of significant archaeological resources in place is not feasible, a mitigation plan shall be developed in consultation with and approved by the Department's Compliance Review Section (contact information available online at www.flheritage.com ). The mitigation plan shall be implemented under the direction of an archaeologist meeting the Secretary of the Interiors' Professional Qualification Standards for Archeology. e. Documentation of archaeological investigation and required mitigation actions shall be submitted to the Compliance Review Section for review and approval. This documentation shall conform to the Secretary of the Interior's Standards for Archaeological Documentation, and the reporting standards of the Compliance Review Section set forth in Chapter 1A46, Florida Administrative Code. 10. Credit Line(s) to Acknowledge Grant Funding. Pursuant to Section 286.25, Florida Statutes, in publicizing, advertising, or describing the sponsorship of the program the Grantee shall include the following statement: a. "This project is sponsored in part by the Department of State, Division of Historical Resources and the State of Florida." Any variation in this language must receive prior approval in writing by the Division. b. All site-specific projects must include a Project identification sign, with the aforementioned language, that must be placed on site. The cost of preparation and erection of the Project identification sign are allowable project costs. Routine maintenance costs of Project signs are not allowable project costs. A photograph of the aforementioned sign must be submitted to the Division as soon as it is erected. 11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the Scope of Work by September 30 of the grant period, except as allowed below. a. Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be extended by written approval of the Division. To be eligible for this extension, the Grantee must demonstrate to the Division that encumbrance of grant funding and the required match by binding contract(s) is achievable by the end of the requested extended encumbrance period. The Grantee's written request for extension of the encumbrance deadline must be submitted to the Department no later than fifteen (15) days prior to the encumbrance deadline indicated above. The maximum extension of the encumbrance period shall be thirty (30) days. b. Encumbrance Deadline Exception: For projects not involving contract services the Grantee and the Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule. 12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division. All reports shall document the completion of any deliverables/ tasks, expenses and activities that occurred during that reporting period. All reports on grant progress will be submitted online via www.dosgrants.com. a. First Project Progress Report is due by October 31, for the period ending September 30. b. Second Project Progress Report is due by January 31, for the period ending December 31. c. Third Project Progress Report is due by April 30, for the period ending March 31. d. Final Report. The Grantee must submit a Final Report to the Division within one month of the Grant Period End Date set forth in Section 2 above. 13. Matching Funds. The Grantee is required to provide a 100% match. Of the required match, a minimum 25% of the match must be a cash match. The remaining match may include in-kind services, volunteer labor, donated materials, and Page: 6 412 additional cash. For projects located in Rural Economic Development Initiative (REDI) counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561, Florida Statutes, Grantees may request a reduction of the match amount. a waiver for the match amount. Grantees that are Certified Local Government (CLG) organizations and Main Street Program organizations are not required to provide a match. The Grantee must submit documentation that the minimum match requirements have been met and provide to the Division documentation evidencing expenses incurred to comply with this requirement. 14. Grant Completion Deadline. The grant completion deadline is the end date of this Agreement set forth in Section 2 above. The Grant Completion Deadline is the date when all grant and matching funds have been paid out and expended in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, an Amendment to the Agreement must be executed as per Section 7, and the stipulations in Section 15 must be met. 15. Extension of the Grant Completion Deadline. An extension of the completion date must be requested at least thirty (30) days prior to the end of the Grant Period and may not exceed 30 days, unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control of the Grantee, and one that prevents timely completion of the Project such as a natural disaster, death or serious illness of the individual responsible for the completion of the Project, litigation related to the Project, or failure of the contractor or architect to provide the services for which they were contracted to provide. An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to raise sufficient matching funds. Changes to the original completion deadline shall be valid only when requested in writing, approved by the Division, and an Amendment to the Agreement has been executed by both parties and attached to the original of this Agreement. 16. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. E xpenditures shall be in compliance with the state guidelines for allowable Project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (revised 3/10/2011), which are incorporated by reference and are available online at http://www.myfloridacfo.com/aadir/reference guide/. The following categories of expenditures are non -allowable for expenditure of grant funds and as contributions to required match: a. Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement; b. Costs of goods and services not procured in accordance with procurement procedures set forth in theGrant Award Agreement and Chapter 287 of the Florida Statutes; c. Expenses incurred or obligated prior to or after the Grant Period, as indicated in the Grant Award Agreement; d. Expenses associated with lobbying or attempting to influence Federal, State, or local legislation, the judicial branch, or any state agency; e. Expenditures for work not consistent with the applicable historic preservation standards as outlined in the Secretary of the Interiors Guidelines available at hU://www.nl2s.goy/tps/standards/treatment-guidelines-2017.pdf standards available at http://www.nps.e_�v/tps/standards.htm and http://www.nps.Qov/history/local-law/arch stnds O.htm or applicable industry standards; f. Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation regulatory requirements, specifically, costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966, as amended, or under Section 267.031, F.S.; g. Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or access, which shall include restricting access on the basis of sex, race, color, religion, national origin, disability, age, pregnancy, handicap, or marital status h. Entertainment, food, beverages, plaques, awards, or gifts; i. Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of the Grant Award Agreement; j. Indirect costs including Grantee overhead, management expenses, general operating costs and other costs that are not readily identifiable as expenditures for the materials and services required to complete the work identified in the Scope of Work in the Grant Award Agreement. Examples of indirect costs include: rent/mortgage, utilities, janitorial services, insurance, accounting, internet service, monthly expenses associated to security systems, non -grant related Page: 7 413 administrative and clerical staffing, marketing, and fundraising activities; k. Administrative expenditures such as expenditures that are directly attributable to management of the grant -assisted Project and meeting the reporting and associated requirements of the Grant Award Agreement, whether grant expenditures or match contributions, which in aggregate exceed 5% of the grant award amount; 1. Grantee operational support (i.e., organization salaries not directly related to grant activities; travel expenditures; per diem; or supplies); m. Insurance costs; n. Capital improvements to non -historic properties; or non -historic additions to a Historic Property (Exception: pre - approved items of work for Museum Exhibit projects); o. Capital improvements to the interior of Religious Properties (Exception: repairs to primary elements of the structural system. Examples include: foundation repairs, repairs to columns, load bearing wall framing, roof framing, masonry repairs, and window and exterior door repairs and restoration practices associated with the building envelope); p. Code -required Accessibility improvements for Religious Properties; q. Vehicular circulation (drives/driveways) within the property or from the property to surrounding streets and parking (Exception: provision of code -required handicapped parking pad(s)); r. Sidewalks, paths, walkways, landscape features and accessories, planting, irrigation systems and site lighting (Exceptions: sidewalk required to link the code -required handicapped parking pad(s) to the accessible entry; planting/sodding required to halt documented erosion; pruning, removal, or relocation of trees posing an immediate threat to the historic or archaeological resource, and limited site lighting required for security, all if approved by the Division); s. Fences and gates (Exception: restoration or in-kind replacement of damaged or missing historic fences, gates, or sections of these); t. Furniture and Equipment. (a) Expenditures for furniture and equipment including but not limited to: desks, tables, seating, rugs and mats, artwork and decorations, window treatments, computers, cameras, printers, scanners, appliances, case goods (including cabinets, countertops, or bookshelves), new or replacement casework, systems' furniture, portable lighting fixtures, portable sound or projection systems, specialty fixtures and equipment, visual display units, total stations, movable partitions, and acoustical treatments and components, unless specific prior approval has been granted by the Division. (b) If special equipment is required for completion of the Project, it shall be rented for the grant term unless it can be shown that acquiring the equipment is cheaper than renting the equipment and approval has been provided by the Division as part of the documentation presented at the time of application. If the value of special equipment is to be used as a match contribution, the value of the match contribution shall be limited to the cost of rental for the Grant Period at the market rate for such rental in the region; u. Costs associated with attending or hosting conferences, summits, workshops, or presentations; and v. Travel expenditures, including those of personnel responsible for items of work approved by the Division, administrative personnel, contracted or subcontracted employees, either for purposes of work on-site or research off- site. 17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. 18. Repayment. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of the "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Grants Program Supervisor, Division of Historical Resources, 500 South Bronough Street Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Grantee shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. Page: 8 414 19. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment B for additional information regarding this requirement. 20. Retention of Accounting Records. Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period of five (5) years after the close out of the grant. If any litigation or audit is initiated, or claim made, before the expiration of the five-year period, the records shall be retained until the litigation, audit, or claim has been resolved. 21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts, and transcripts. 22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Divisions Contract Manager for assistance if it receives a public records request related to this Agreement. 23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended, in an interest bearing account pursuant to Section 216.181(16)(b), Florida Statutes. Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less than $100 within any quarter maybe held until the next quarter when the accrued interest totals more than $100. Allinterest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's final Progress Report at the end of the Grant Period. 24. Noncompliance with Grant Requirements. Noncompliance with Grant Requirements. Any Grantee that has not submitted required reports or satisfied other administrative requirements for this grantee or other Division of Historical Resources grants or grants from any other Florida Department of State (DOS) Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure. Grant compliance issues must be resolved before a grant award agreement may be executed, and before grant payments for any DOS grant may be released. 25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a. The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance, and expenditure of state funds, b. Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantees accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division. c. An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. d. The name of the account(s) must include the grant award number; e. The Grantees accounting records must have effective control over and accountability for all funds, property, and other assets; and f. Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre - audit and post -audit (such as invoices, bills, and canceled checks). Page: 9 415 26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the United States Congress in the case of a federally funded grant. United States Congress in the case of a federally funded grant. In the event that the state or federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee, beyond those amounts already released prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 27. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents, or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be "independent contractors" and will not be considered or permitted to be agents, servants, joint ventures, or partners of the Division. 29. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the Grantee, its agents, servants, or employees; nor may the Grantee exclude liability for its own acts, omissions to act, or negligence, to the Division. a. The Grantee shall be responsible for claims of any nature, including but not limited to injury, death, and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees, and subcontractors. The Grantee, other than a Grantee which is the State or the States agencies or subdivisions, as defined in Section 768.28, Florida Statutes, shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with that Section. b. Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or increases the limits of its liability, by entering into this Agreement. c. The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d. The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities; and provided that it is understood by the Grantee that the Division shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 30. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. 31. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, pregnancey, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 32. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments, and/or will terminate this agreement if the Grantee improperly expends and manages grant funds, fails to Page: 10 416 prepare, preserve or surrender records required by this Agreement, or otherwise violates this Agreement. 33. Termination of Agreement. a. Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter, and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement, prior to the notification of termination, if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages, if grant funds are returned under this Section. b. Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the cause of partial terminations, the portion to be terminated. c. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Division. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 34. Preservation of Remedies. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or violation by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. 35. Non -Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the Project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties, and obligations of the Division to another governmental entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be transferred to the successor governmental agency as if it was the original party to this Agreement. 36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant -assisted project in accordance with Section 287.057, Florida Statutes. 37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. In addition, no Grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, child, parent, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse, child, parent, or partner of an officer, director, trustee, partner, or employee of the grantee shall Page: 11 417 not receive grant funds, unless specifically authorized in writing by the General Counsel for the Department of State to avoid a potential violation of those statutes. 38. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and Of any legal entity that succeeds to the obligations of the Division of Historical Resources. 39. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 40. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 41. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes, and the Americans with Disabilities Act of 1990 as amended (42 U.S.C. 12101, et seq.), which is incorporated herein by reference. 42. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 43. Entire Agreement. The entire Agreement of the parties consists of the following documents: a. This Agreement b. Estimated Project Budget (Attachment A) c. Single Audit Act Requirements and Exhibit I (Attachment B) Page: 12 418 In acknowledgment of this grant, provided from funds appropriated in the FY 2018-2019 General Appropriation Act, I hereby certify that I have read this entire Agreement, and will comply with all of its requirements. Department of State: By: Dr. Timothy Parsons, Division Director Date Page: 13 Grantee: By: Authorizing Official for the Grantee Typed name and title Date 419 ATTACHMENT A Estimated Project Budget Grant Funds Cash Match In KindMatch Description $0 $0 $2,500 Site Survey $4,400 $3,600 $0 Architectural Drawings Preparation $0 $0 $1,500 Site Preparation $15,000 $10,000 $0 Fruit Stand Reconstruction $3,000 $0 $4,000 Exhibits and Educational Materials Design $5,150 $3,450 $0 Exhibits Construction $0 $0 $2,500 Exhibits Installation Page: 14 420 ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee maybe subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 C F R 2 §200.425, and/or other procedures. B y entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a S tate or local government or a non-profit organization as defined in 2 C F R 200.90, 200.64 & 200.70 as revised. 1. In the event that the recipient expends $750,000 for fiscal years ending after December 31, 2014 or more during the non - Federal entity's fiscal year in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of 2CFR 200.501. Exhibit 1 to this agreement indicates Federal resources awarded through the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, as revised, will meet the requirement of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508. 3. If the recipient expends less than $750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR 200.501 is not required. In the event that the recipient expends less than $750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200.501, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (d) Exemption when Federal awards expended are less than $750,000. Anon -Federal entity that expends less than $750,000 during the non -Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office www.ecfr.gov Page: 15 421 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2) 0), Florida Statutes 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending after June 30, 2016), the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXE HBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part H, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending after June 30, 2016), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year ending after June 30, 2016 and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's . resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) htW://www.fldfs.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.fl.us/ PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R A Gray Building, Room 114A Page: 16 422 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10 th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient dir' ectly to each of the following: A The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R A Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 3. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV. RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. Page: 17 423 EXHIBIT -1 FEDERAL RESOURCES_AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State Historic Preservation Grants; CSFA Number 45.031. Award Amount: $27,550.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at hUps:Hal2j2s.fldfs.com/fsaa/. Page: 18 424 r INDIAN RIVER COUNTY, FLORIDA' " INTEROFFICE MEMORANDUM Date: August 7, 2018 Assistant County Administrator / Department of General Services 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 — Fruit Stand Replica — MBV Work Order #3 DESCRIPTIONS AND CONDITIONS MBV Contract: On May 2, 2017, staff provided an informational item to the County Commissioners regarding an application made to the Division of Historical Resources (DHR) for the Jones' Pier Fruit Stand and Educational Signage for Significant Sites along the Historic Jungle Trail/Indian River Lagoon. The application was successfully submitted and the County has been chosen to receive this funding for the 2018-19 funding cycle. In order to proceed in a timely manner with the engineering and architectural services required to design the replica fruit stand, staff has received a proposal from MBV Engineering, Inc. On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements (RFQ 2018008). Based on the prior site plan engineering and design contracted with MBV Engineering, Inc. under Work Order No. 1, staff has coordinated with MBV to enlist the services of an approved subcontractor to complete the architectural design for the replica Fruit Stand. The proposal cost of $7,100 includes all engineering and architectural design services. If the DHR grant is approved by the Board, the County will be reimbursed up to $4,400 toward the architectural design services through the Grant Agreement with the Division of Historical Resources, through the Small Matching Grants Program (presented to the Board for approval on August 14, 2018). 425 FUNDING Funding for this Work Order will be provided through MSTU/Parks/Jones' Pier Conservation Area Public Use Improvements -Account # 00421072-066510-18010 STAFF RECOMMENDATION Staff recommends approval of Work Order No. 3 to MBV Engineering, Inc. in the amount of $7,100.00 for architectural design services and civil coordination for the design, permitting, and construction administration services for the Fruit Stand replica. 426 WORK ORDER 3 JONES PIER HISTORIC FRUIT STAND ARCHITECTURAL SERVICES This Work Order Number 3 is entered into as of this —day of 2018, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MBV Engineering, Inc. OF INDIAN RIVER COUNTY By: e5�p�—A4— By: Chairman Title: Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 427 EXHIBIT A - SCOPE OF WORK It is our understanding that the COUNTY intends to reconstruct an approximately 150 SF historic fruit stand at the Jones Pier Historic parcel located at 7770 Jungle Trail, Vero Beach, FL. The proposed improvements will consist of architectural design services and civil coordination for the design, permitting and CA services for the structures. As such, Donadio & Associates, Architects, P.A. will be retained by MBV Engineering, Inc. to provide the necessary architectural design services for the structure and as further described below in the Scope of Services. MBV Engineering, Inc..will provide the necessary project oversight and additional civil coordination and plan revisions as necessary to support the architectural plans development and permitting of these structures. A description for each service is provided in below in further detail. FRUIT STAND SCOPE OF SERVICES: Preparation of Construction Documents to include the following: Architectural Design • Establishment of design criteria for the development of the proposed new 150 SF Fruit Stand. • On-site visit for field verification of the existing site conditions. • Preparation of architectural construction documents consisting of floor plans, elevations, roof plans and details, life safety plan, code review, schedules, general/construction details, notes and specifications. • Coordination with Structural. • Coordination with Owners Civil Engineer. • Preparation of Documents for Building Permit Submittal. • Responding to Building Permit review comments. • Preparation of (1) Cost Estimate Structural Design • Coordination with Donadio & Associates, P.A. • Establish structural design criteria • Review of soil investigative reports as provided by Owner. • Structural Design and preparation of the following: o Foundation plans and sections based on a conventional shallow foundation system o Roof framing plan and sections. o Wind design pressures. •, Structural specifications in short format on plans. • Preparation of Documents for Building Permit Submittal. • Responding to Building Permit review comments. • Shop Drawing review of Structural items Civil Design and Oversight Consultant will provide design services to support Architect in development of structure as stated above. Items associated with this task are listed below: • Coordination with project Architect • Coordination with IRC Parks Division 428 • Attendance at Architectural design meetings with IRC Parks Division • (1) Revision to previously designed Civil documents should Architect and IRC Parks Division deem appropriate • Provide overall project oversight throughout project timeline • Bidding Assistance and Coordination The Consultant will not be responsible for any permit fees associated with the project. BIDDING PHASE The COUNTY shall be responsible for setting the providing the front-end bid documents, bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will provide the following: • Preparation of Documents for Bidding • Attendance at Pre -Bid Meeting and Pre -Construction Meeting All construction specifications will be on the applicable plans in lieu of specifications manual. The Consultant will prepare a pdf file of the final bid package for the COUNTY's use in distribution to prospective bidders via Demandstar. CONSTRUCTION PHASE The Consultant will provide the following scope of services during the construction phase: Architecture • Shop Drawing review of Architectural items • Response to Request for Information • (1) visit during construction Structural • Shop Drawing review of Structural items • Response to Request for Information DELIVERABLES The Consultant shall provide the COUNTY with the following: • Two (2) hard copies 11" x 17" and 24" x 36" formats of the plans • One (1) electronic version of the plans in pdf format • Technical responses for one (1) addenda, as required for clarifying responses from the pre- bid meeting SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Permit -ready Design Plans 45 days from NTP • Addressing of Permit Agency Comments 14 days from receipt of comments 429 EXHIBIT B - FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee Task 1— Fruit Stand Architecture Design $ 3,500 Structural Design $ 850 Civil Design and Oversight $ 750 Bidding Phase $ 500 Construction Phase Architecture $ 1,200 Structural $ 300 WORK ORDER #3 TOTAL $ 7,100 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, or should the scope of the project change, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each, individual Work Order as if fully set forth herein. 430 0,` Carole_ Jean Jordan, CFC Tax Collector. MEMORANDUM TO: Jason Brown, County Admin FROM: Carole Jean Jordan, Tax Col SUBJECT: Consent Agenda Item DATE: August 7, 2018 "How MAY WE HELP You?" Please place .the following item on the Consent Agenda for the Board of County Commissioners meeting on Tuesday, August 14, 2018. The Property Appraiser's office has informed us that due to the scheduling of the Value Adjustment Board hearings, it will be necessary for them to certify the 2018 tax roll to us prior to the conclusion of the hearings. Pursuant to Florida Statute 197.323 (see attached excerpt), I am requesting that the Indian River County Board of County Commissioners order the tax roll to be extended prior to the completion of the Value Adjustment Board hearings. The statute .gives the Board this authority if completion of the hearings would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1, 2018. Should you have questions or if I may be of any assistance, please feel free to contact me at extension 1337. Thank you for your attention to this matter. P.O. Box 1509, Vero Beach, FL 32961-1509 E-mail: HowflayWeHelpYou@irctax.com • Website: www.irctax.corri Phone: (772) 226-1343 * rax (772) 226-1965 431 Statutes & Constitution :View Statutes: Online Sunshine hftp://www.leg.state.il.Us/statutes.�index.cfm?mode=View Statutes&. Select Year: 2018 Go The 2018 Florida Statutes Title XIV Chapter 197 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS 197.323 Extension of roll during adjustment board hearings.— (1) Notwithstanding the provisions of s. 193.122, the board of county commissioners may, upon request by the tax collector and by majority vote, order the roll to be extended prior to completion of value adjustment board hearings, if completion thereof would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1. For any parcel for which tax liability is subsequently altered as a result of board action, the tax collector shall resolve the matter by following the same procedures used for correction of errors. However, approval by the department is not required for refund of overpayment made pursuant to this section. (2) A tax certificate or warrant shall not, be issued under s. 197.413 or s. 197.432 with respect to delinquent taxes on real or personat property for the current year if a petition currently filed with respect to such property has not received final action by the value adjustment board. History.—s. 156, ch. 85-342; s. '163, ch. 91.112. Copyright (D 1995-2018 The Florida Legislature • Privacy Statement i Contact Us I 432 1 of 1 817/2018, 0:05 AM Indian River County Sheriff's Office July 19, 2018 The Honorable Peter D. O'Bryan, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Re: Budget Amendment Dear Chairman O'Bryan: On December 2, 2017, my office participated in a public auction of surplus property and vehicles. We netted $58,674.00 from this function. In keeping with past practice, I am requesting the proceeds be used to acquire new like -kind property within the current fiscal year pursuant to Chapter 274, Florida Statutes. Please place this item under Constitutional Officers for the August 14, 2018 board agenda. If you have any questions or need additional information, please let me know. Sincerely, Deryl Loar, Sheriff DL:nmj cc: Jason E. Brown, County Administrator Michael Smykowski, OMB Director Kelly Goodwin Metcalf, Comptroller 4055 41st Avenue c Vero Beach, FL 32960 * (772) 569-6700 6 www.ireslieriff.org Qv433 Sheriff Auction Proceeds 434 Amount Check #1 $43,011.00 Check #2 $20,025.00 A. Sub -Total Auction Proceeds $63,036.00 Less: Evidence/seized item (Submitted to State as abandoned property) $2,362.00 Confiscated Vehicle (Law Enforcement Trust Fund) $2,000.00 B. Sub -total $4,362.00 (A -B). Net Amount Requested by Sheriff $58,674.00 434 Auction Settlement Statement Seller: Indian River Countv Sheriff Property: Personal Property Settlement Surplus Auction 12/2/1 Total (Bid Price): Advertisin0c, Net to Seller $ 43,011 $ -0- 43,011.00 Indian River County Sheriff acknowledges receipt of funds and full settlement for the Personal Property Auction December 2rd 2017. 4 Indian River County Sheriff Date Associate Auctions LLC. PO Box 23,82, Stuart Florida 54905 A U3602 435 GOVDEALS INC. A SUBSIDIARY OF LIQUIDITY SERVICES, INC. Vendor: Indian River County Sheriff's" Invoice Number Invoice Date Invoice Amount Amount Paid Discount Nemo 8-032918-6475, 4/5/2018 $20,025.00 $20,025.00 0.00 8 -lC $20,025.00, $20,025.00. $0.00 GCIVDEALS INC. ,ry v A SUBSIDIARY OF LtOUIDITY SERVICES, INC. � D e a SETH ARLINGTON SDA, MD 2 ROAD D SUITE.200 800-613.0156 OPT (202) 467-6868' .Twenty Thousand Twenty.Five Dollars and 00 .Cents PAY Indian River Country Sheriff's TO THE ORDER 4055` 41st. Ave O Attn: Dale Simchick Vero Beach TL 32960-Y802 United States of Ame 6475. 1121�256,62A° 405400L204im 226004433R0?v 125662 4/11/2018 Net $20,025.00 Bank®#Amedca'1000* $20,025.00 125662 ACN R/r OS40012N 15.1201540 DC 4t 233 _ 0 0 4/11/2018 a 0 $20,025.00 0 0 N DATE AMOUNT ° r 4 m o ° AUT HDA tZEDSGNAIURE --- -- ,av .2 0 436 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: July 31, 2018 SUBJECT: John Chamberlain's Request for Abandonment of the West 20 Feet of Seminole Trail (a.k.a. 10th Avenue) Adjacent to Lot 21 of the Riverside Estates Subdivision [ROWA-17-12-06 / 96120005-80165] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 14, 2018. DESCRIPTION AND CONDITIONS: Collins, Brown, Barkett, Garavaglia & Lawn, Chartered, on behalf of John Chamberlain, is requesting abandonment of the west 20 feet of Seminole Trail (a.k.a. 10" Avenue) adjacent to Lot 21 of the Riverside Estates Subdivision. The subject right-of-way width is 70 feet, and is located at the east end of Morningside Drive (a.k.a. 77th Place), approximately 800 feet east of Jungle Trail (see attachment 2). The applicant owns the abutting lot (Lot 21) within the Riverside Estates Subdivision, and is requesting that the west 20 feet (of the 70 total feet) be abandoned. The County owns the "Jones Pier" conservation property to the north, and will retain the east 50 feet of right-of-way as maintenance access to the Jones Pier property. No other property owners will be affected by the proposed abandonment. 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 right-of-way by regular mail. Staff has received no objections regarding the request. At this time, the applicant requests that the subject right-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 right-of- way. Upon review, the County Public Works Director advised that the subject right-of-way is 437 partially improved with an existing stabilized access connection from Morningside Drive to the County -owned Jones Pier property to the north. The stabilized access is located in the eastern half of the subj ect right-of-way. Therefore, the Public Works Director does not object to the abandonment of the west 20 feet with the County retaining the east 50 feet of right-of-way. Also, there is a 10 foot wide platted drainage and utility easement located along the rear lot lines of all lots within the subdivision. That easement is needed to accommodate rear lot drainage and may be needed for future utility purposes. Therefore, the Public Works Director recommends that a 10 foot wide drainage and utility easement be retained along the north 10 feet of the subject abandonment area. That recommended easement has been included in the proposed abandonment resolution (see attachment 3). The subject right-of-way is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thoroughfare system. Furthermore, the abandonment will not affect the right of convenient access to any surrounding properties, and the County will retain the east 50 feet of the subject right-of-way for any future access improvements to the Jones Pierproperty. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. RECOMMENDATION: Based on the analysis provided, staff recommends that the Board of County Commissioners: 1. Abandon its rights to the subject 20' right-of-way area and retain a drainage and utility easement across the northern 10' of the area to be abandoned, and 2. Authorize the chairman to execute the attached abandonment resolution. ATTACHMENTS: 1. Application 2. Location Map 3. Abandonment Resolution 438 2 6 `Z 0 005-' S 0 1 W -'q 5 PETITION FOR ABANDONMENT OF PUBLICLY DEDICATED RIGHTS-OF-WAY, STREET, OR ALLEY Bruce Barkett, Attorney for John Chamberlain,hereby petitions Indian River County to (Print full name) abandon the west feet of Seminole Trail (10th Avenue) adjacent to Lot 21 locatedin (street, alley, road, etc.) Riverside Eatates , starting at (subdivision name, parcel ID#, or tract) south property line of Lot 21, Riverside Estates and terminating at north property line of same Lot 21 laying adjacent to (or in) Block , Lot , Section , Township . Range , as recorded in Plat Book 5 , Page 50 , Public Records of Indian River County, Florida. The reason for this request is (should include intended use of property): Seminole Trail is a non -paved paper road only, 70 feet wide. Only the east 35 feet is used by the County for occassional maintenance of the ".TnnPc_Pier" property. The road is otherwise not used. Applicants Name (Please Print): John Chamberlain c/o Bruce Barkett AdArPce. 756 Beachland Blvd. , Vero Beach, FL 32963 2-231-4343 E-mail: bbarkett@verolaw.com 1 Date: 9/ f �r L List of property owners abutting the portion of the road requested to be vacated (if any): Name (Please Print) Indian River County Address: 1£301 27th Street, Vero Beach, FL 32960 Telephone E-mail: Name (Please Print): N/A Address: Telephone: E-mail: Name (Please Print): N/A Address: Telephone: E-mail: Name (Please Print): Address: Telephone: E-mail: 18012P Sft d, Vero Beach FL 32960 439 F:Community DevelopmMWpLICATIONS\C -rDev a pplicationsltightofwayabandonment(nm2Ol6).doc 2 Sep Bruce Barkett, Attorney for John Chamberlain,hereby petitions Indian River County to (Print full name) abandon the west feet of Seminole Trail (10th Avenue) adjacent to Lot 21 locatedin (street, alley, road, etc.) Riverside Eatates , starting at (subdivision name, parcel ID#, or tract) south property line of Lot 21, Riverside Estates and terminating at north property line of same Lot 21 laying adjacent to (or in) Block , Lot , Section , Township . Range , as recorded in Plat Book 5 , Page 50 , Public Records of Indian River County, Florida. The reason for this request is (should include intended use of property): Seminole Trail is a non -paved paper road only, 70 feet wide. Only the east 35 feet is used by the County for occassional maintenance of the ".TnnPc_Pier" property. The road is otherwise not used. Applicants Name (Please Print): John Chamberlain c/o Bruce Barkett AdArPce. 756 Beachland Blvd. , Vero Beach, FL 32963 2-231-4343 E-mail: bbarkett@verolaw.com 1 Date: 9/ f �r L List of property owners abutting the portion of the road requested to be vacated (if any): Name (Please Print) Indian River County Address: 1£301 27th Street, Vero Beach, FL 32960 Telephone E-mail: Name (Please Print): N/A Address: Telephone: E-mail: Name (Please Print): N/A Address: Telephone: E-mail: Name (Please Print): Address: Telephone: E-mail: 18012P Sft d, Vero Beach FL 32960 439 F:Community DevelopmMWpLICATIONS\C -rDev a pplicationsltightofwayabandonment(nm2Ol6).doc 2 31393600000008000004.0 Proposed ROW Abandonment 31393@00001000000001.0 1 2 fi 9 14 1e 15 17 18 21 MORMINGSIDE OR 2 4 5 31393800001000000002.0 S 10 112 Ad 18 76 2D2231393600001000000010.0 31393N0001000000020 0 32390100016000200010.0 32390100018000200011.0 id 10 TR. C 32390100016000200009.0 �� `. 32390100016000000000.2 i CAPE PC NNE aR f TR. D ttj 9 323'30 1000 IC000400006.0 440 KI RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF THE WEST 20 FEET OF SEMINOLE TRAIL (A.K.A. 10TH AVENUE) ADJACENT TO LOT 21 OF THE RIVERSIDE ESTATES SUBDIVISION, PER INDIAN RIVER COUNTY PLAT BOOK 5, PAGE 50, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County originally received a duly executed and documented petition from John Chamberlain on September 6, 2017, 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 the west 20 feet of Seminole Trail (a.k.a. 10th Avenue) adjacent to Lot 21 of the Riverside Estates Subdivision, per Indian River County Plat Book 5, Page 50, 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 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: 1. 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: THE WEST 20 FEET OF SEMINOLE TRAIL ADJACENT TO LOT 21, RIVERSIDE ESTATES AS RECORDED IN PLAT BOOK 5, PAGE 50, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 21, THENCE PROCEED EAST ON AN EASTERLY EXTENSION OF THE SOUTH LINE OF SAID OF LOT 21, A DISTANCE OF 20.00 FEET; THENCE PROCEED NORTH AND PARALLEL TO THE EAST LINE OF SAID LOT 21, A DISTANCE 131.50 FEET TO AN INTERSECTION WITH AN EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 21; THENCE PROCEED WEST ALONG SAID EASTERLY EXTENSION A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 21; THENCE PROCEED SOUTH ON THE EAST LINE OF SAID LOT 21, A DISTANCE OF 131.50 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINNING 0.06 ACRES, MORE OR LESS. 441 Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated except that a 10 foot wide drainage and utility easement shall be retained along the north end of the subject right-of-way abandonment area (see attached Exhibit A). 2. The closing, vacation, and abandonment of this segment of public right-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 (3 0) 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 right-of-way shall revert entirely to and be combined with Lot 21 of the Riverside Estates Subdivision. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of , 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA LEM Peter D. O'Bryan , Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 442 State of Florida County of Indian River 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 52018. Notary Public APPROVED AS TO LEGAL SUFFICIENCY MM Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP, Director Community Development Department 443 SKETCH OF LEGAL DESCRIPTION FOR: SEMINOLE TRAIL RIGHT-OF-WAY ABANDONMENT (NOT A SURVEY) NORTHEAST CORNER LOT_ 21 EXHIBIT "A" NORTH LINE LOT 21 v ! x-`" za, &,o UNPLATTED LANDS EAST LINE LOT 21 N W .` w vi 0 o �" pq p `� ~ 0 0 � ° PICK MING & ASSOCIATES a O v} rRoFesscoxai, NROAD PLO SURVEYING - �o 4 SOUTH LINE LOT 21 / MCJRNINGSIDE DRIVE 70' RIGHT -OF- WAY SCALE: 1 INCH =20 FEET THIS SKETCH OF LEGAL DESCRIPTION NOT VALID WITHOUT SIGNATURE AND EMBOSSED SEAL, SEE PAGE 2 OF Z. PAGVf OF 2 0 SKETCH OF LEGAL DESCRIPTION FOR: SEMINOLE TRAIL RIGHT-OF-WAY ABANDONMENT (NOT A SURVEY) EXHIBIT "A" LEGAL DESCRIPTION: THE WEST 20 FEET OF SEMINOLE TRAIL ADJACENT TO LOT 21, RIVERSIDE ESTATES AS RECORDED IN PLAT BOOK 5, PAGE 50, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULLARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 219 THENCE PROCEED EAST ON AN EASTERLY EXTENSION OF THE SOUTH LINE OF SAID OF LOT 21, A DISTANCE OF 20.00 FEET; THENCE PROCEED NORTH AND PARALLEL TO THE EAST LINE OF SAID LOT 21, A DISTANCE 131.50 FEET TO AN INTERSECTION WITH AN EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 21; THENCE PROCEED WEST ALONG SAID EASTERLY EXTENSION A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 21; THENCE PROCEED SOUTH ON THE EAST LINE OF SAID LOT 21, A DISTANCE OF 13150 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINNING 0.06 ACRES, MORE OR LESS. SKETCH OF LEGAL DESCRIPTION PREPARED BY: H KIM PICKERING, PROFESSIONAL LAND SURVEYOR 4859, 7/9/18. REFERENCE JOB NO. 17-211 SURVEYORS CERTIFICATE: I H. KIM PICKERING DO HEREBY CERTIFY THAT A AM A DULY LICENSED AND PRACTICING REGISTERED LAND SURVEYOR IN THE STATE OF FLORIDA; THAT THIS LEGAL DESCRIPTION SKETCH MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS, PURSUANT TO FLO ADMINISTRAiIYE CODE CHAPTHER 5J-17. PICKERING, PROFESSIONAL LAND SURVEYOR NO 859 FL. THIS SKETCH OF LEGAL DES N NOT VALID WITHOUT SIGNATURE AND EMBOSSED SEAL OF SAID SURVEYOR A. PICKERING & ASSOCIATES PROFESSIONAL LAND SURVEYING 63271 MUM RDAD T? VMD BEAM. FL32M Ph; 772-231-9323 Ce1.772.4W2349 E-mail. pidwrk%*woc@*m cum PAGI44!bF 2 8/14/2018 Chamberlain Right -of -Way Abandonment Board of County Commissioners August 14, 2018 Location Map Jones Pier Conservation Area Proposed ROW Abandomnent I _ _ Lot 21 Morningside Drive (771' Place) 2 Aerial Jones Pier Conservation Area y 11 Lot f � ��M � � �CC� y A µii;;•AA44 v 11 Morningside Drive (771b Place) Y - F: r�nrraaama•-��-_ -ter=.-, _ .- � _ _ ,_ ��', Abandonment Detail Jones Pier Conservation Area 1.Vt 21 3239010002200110000 3239010002200110000 �► Morningside Drive - - 20' 00' (770' Place) 3239010002200110000 4 8/14/2018 yy S - 2 Analysis • West 20 feet not needed for access • County will retain east 50 feet • Not formally improved, County stabilized access connection located in the east 50 feet will remain • Existing drainage swale along north end will remain • County will retain a 10 foot wide easement over north end to preserve and maintain existing drainage Staff Recommendation ➢ That the BCC Abandon its rights to the subject 20' right- of-way area, retain an easement over the northern 10', and authorize the chairman to execute the abandonment resolution. 5 6 8/14/2018 Sketch of Description SKETCH OF LEGAL DESCRIPTION FOR: SERIINOLE TRAIL RIGHT-OF-WAY ABANDONMENT (NOT A SURVEY) NORTIIEM CORNER I;OT 21 EUHBIT"A' Nou'm uNT. LOT TI "�� UNPLATTEDLANDS _ EAC�[TI.INEL LOT 21 ON'F p c�R��.smaA2tb 2 a)g a 05 w O os I (i<w.T•i OJ � In W U Sol_lTli l.lve lA_T71 /ln s: m. a'a' MORNINGSIDE DRIVE 70' RIGHT -OF- WAY SCALE: I INCR -20 FEET -- TRBSI6TCROFLEGAL OFSCRIMIOVNOTTALtp_W IOLLUSIGNATYRL AND �ILkC �N111 SFA4 SEE PAGF. E 0F2. PAGE I OFl 8/14/2018 January 2018 Aerial Jones Pier Conservation Area I.Ot •r �•,um.. .:mpu ,:n,,•• 1rn�r 21ure,a� 1. ..>•: If Morningside Drive (771s Place) v • 9 8/14/2018 llf - 5 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 2072956 NOTICE OF PUBLIC HEARING Notice of a Pub Dates July 29, 2018 Sworn to and subscribed before me this day of, July 30, 2018, by who is Natalie Zolls, (X) personally known to me or ( ) who has produced Karol Kangas Notary Public as identification. �A+ KAROLEKANGAS Notary Public -StateoFFlorlda CommIssion f GG 126041 MyComm,Expires Jul 29,2021 Banded Ilnough NaLbnN "Aon. as identification. NOTICE OF PUBLIC HEARING Notice of a public hearing to consider a petition for the closing, abandonment, and vacation of the west 20 feet of Seminole Trail (a.k.a.10th Ave- nue) adjacent to Lot 21 of the Riverside Estates Subdivision, per Indian River County Plat Book 5, Page 50. A public hear- ing, at which parties in inter- est and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida in the Coun- ty Commission Chambers of the County Administration Building, located at 1801 27th Street, Vero Beach, Florida, on Tuesday, August 14, 2018 at 9:00 AM. Anyone who may wish to appeal any decision, which may be made at this meeting, will need to ensure that a ver- batim record of the proceed- ings is made which includes the testimony and evidence upon which the appeal will be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman Pub: July 29, 2018 TCN 2072956 yyf- INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 1661 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: Evan Esposito, E. E. Solar ADDRESS: 415 271 Drive, Vero Beach PHONE: 631-404-9718 SUBJECT MATTER FOR DISCUSSION• Request that the County Propose and Support Legislation on Solar and Green Energy for construction and buses. IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES Fx_1 NO IS THIS AN APPEAL OF A DECISION ❑ YES X❑ NO WHAT RESOLUTION ARE YOU Bring forth new legislation within the county for green energy to REQUESTING OF THE COMMISSION? supplement the destruction of local eco systems ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1-1 YES IX NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail X Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: August 14, 2018 FACounty Admin\ExmAsstWGENDA\Public Discussion Items Fmm.doc 446 Public Notice Items - B. C. C. 8.14.18 Of ce of f0�i 1 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County AttorneyQ(L� DATE: August 3, 2018 ATTORNEY SUBJECT: Public Notice of Tax Equity and Fiscal Responsibility (TEFRA) Public Hearing Scheduled for September 11, 2018 Pursuant to Section 147 of the Internal Revenue Code of 1986, as Amended, To Accept Public Comment and Thereafter Consider a Plan of Finance and the Issuance of Revenue Bonds by the Escambia County Housing Finance Authority - LEGISLATIVE The Indian River County Board of County Commissioners will hold a Public Hearing on Tuesday, September 11, 2018, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of a proposed resolution entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF ITS NOT TO EXCEED $16,000,000 MULTIFAMILY HOUSING REVENUE BONDS (TAYLOR POINTE APARTMENTS), SERIES [TO BE DETERMINED] FOR THE BENEFIT OF VERO BEACH LEASED HOUSING ASSOCIATES III, LLLP, OR ITS AFFILIATE, TO PROVIDE FUNDS TO FINANCE OR REFINANCE A MULTIFAMILY RESIDENTIAL RENTAL PROJECT; AND PROVIDING AN EFFECTIVE DATE. FA4w-,yVj.d.1GAJERALI8CCWgmd AA..TEFRAH—anal 447 DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU Jason Brown County Administrator FROM: Suzanne Boyll'" Human Resources Director DATE: August 8, 2018 SUBJECT: Collective Bargaining Agreement between Indian River County and Teamsters, Local Union No. 769 — FY2018/2019 General Wage Increase The collective bargaining agreement between Indian River County and the Teamsters, Local Union No. 769 provides for a wage reopener to negotiate a general wage adjustment for the third year of the agreement (FY2018/19). The parties met on several occasions to negotiate a wage adjustment for FY2018/19. Tentative agreement was reached on July 30, 2018 to provide a 2.75% general wage increase effective the first full pay period in October. This wage adjustment would increase the minimum and maximum of the pay plan for each position represented by the Teamsters. The proposed agreement was submitted to the Teamsters membership and ratified by the Union on August 7, 2018. The wage 2.75% wage increase is presented to the Board of County Commissioners for approval. FUNDING: Funds are budgeted and available in the FY2018/19 budget to provide for the recommended wage increase. RECOMMENDATION: Staff respectfully recommends approval of a 2.75% general wage increase for employees represented by the Teamsters, Local Union No. 769 effective the first full pay period in October 2018 and requests the Board authorize its Chairman to sign the amendment to Article 33 - Wages of the collective bargaining agreement providing for the general wage increase. ATTACHMENTS: Proposed Amendment to Article 33 - Wages of the Agreement between Indian River County and the Teamsters, Local Union No. 769 and Exhibit A UK SECOND AMENDMENT TO OCTOBER 1, 2016 COLLECTIVE BARGAINING AGREEMENT THIS FIRST AMENDMENT by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "County', and the TEAMSTERS UNION LOCAL NO. 769, hereinafter referred to as the "Union". WHEREAS, effective October 1, 2017, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2016 through and including September 30, 2019; and, WHEREAS, Article 33, Wages, provides for bargaining unit employees to receive general wage increases, anniversary increases, and lump sum payments, if any, mutually agreed to by the County and the Union. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Article 33, Wages, shall be amended as set forth in Exhibit "A". 2. The remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date below written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By_ Peter D. O'Bryan, Chairman Date Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney TEAMSTERS UNION LOCAL NO. 769 By Steve Myers, Jr., Business Representative Ratified by the Union on the 7th of August 2018 Attest: Jeffrey R. Smith Clerk of the Court and Comptroller By: Deputy Clerk 449 EXHIBIT "A" ARTICLE 33 - WAGES 33.1 For fiscal years, FY 2016/2017, 2017/2018 and 2018/2019 employees will receive a 2.5% anniversary increase, or the same increase as non-union employees under the County Administrator's purview if greater than 2.5%, not to exceed the top of the employee's pay range. Bargaining unit employees who are topped out in their pay range shall receive a lump sum anniversary amount in the amount of $800 for FY2016/2017, $1000 for FY2017/2018, and $1200 for FY2018/2019 (prorated for part-time employees), or the same amount as non-union employees under the County Administrator's purview if greater than the stated amounts not added to their base upon successful evaluation. Employees within the established lump sum payment amount (prorated for part-timers) of the maximum of the range shall receive an increase in base pay up to the maximum of the range and shall receive the difference between that amount and the established lump sum payment in a lump sum payment. Any anniversary increases or lump sum increases after the expiration of this Agreement shall be subject to collective bargaining. 33.2 For fiscal year FY2016/2017, bargaining unit employees will receive a 3% cost of living increase effective the first full pay period in October 2016, or the same increase as employees under the County Administrator's purview for fiscal year FY 2016/2017 if greater than 3%. For fiscal year FY2017/2018, bargaining unit employees will receive a 2.5% general wage increase effective the first full pay period in October 2017, or the same increase as employees under the County Administrator's purview for fiscal year FY2017/2018 if greater than 2.5%. For FY 2018/2019, bargaininq unit employees will receive a 2.75% general wage increase effective the first full pay period in October 2018, or the same general wage increase as employees under the County Administrator's purview for FY2018/2019 if greater than 2.75%fhe parties mutually agree to ronnon this seGtien anr7 afteir t#e-e)(p+ratieR of the agFeernent shall n nnllon+iVn h:+rn+inin 450 33.3 For the life of this Agreement the promotion probation pay increase shall be 5%. 33.4 Full-time employees who actually work established full-time shifts (8 hours, 10 hours, etc.) that start at or after 1:00 p.m. or before 4:00 a.m. will be eligible for shift differential at a rate of 5% of the regular hourly rate for the shift worked. Any shift beginning between 4:00 a.m. and 1:00 p.m. is excluded. Shift differential is automatically added to the regular hourly rate for the purpose of computing overtime pay. Any employees receiving shift differential, whose established shift is outside the stated guidelines, will no longer receive it. 33.5 For the life of this Agreement, if the County identifies a bonifide recruitment and retention issue for a bargaining unit position, the parties may meet to discuss and present practical solutions to address the concern. Nothing herein is intended to expand the rights and privileges extended to the Union pursuant to Article 33.2 of this Agreement with respect to wage reopening and collective bargaining process for FY 2017/2018 and FY2018/2019. 451 INDIAN RIVER COUNTY, FLORIDA /,;� MEMORANDUM r TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andy P. Sobczak, Infrastructure Project Manager SUBJECT: Award of Bid No: 2018059 North County Offices at Sebastian Corners DATE: August 3, 2018 DESCRIPTION AND CONDITIONS In 2017, Indian River County purchased an existing commercial plaza, known as Sebastian Corners, located at 1919 US lin Sebastian as the future location for the County's North County Offices. At the time of purchase, the estimated cost to renovate the existing vacant tenant spaces for relocation of the County Tax Collector, Property Appraiser, Utilities, Clerk of the Circuit Court and Veterans Services was $400,000.00. After purchasing the building, the County contracted with MBV Engineering, Inc. to oversee design and construction of the new offices. During design, representatives from each of the North County Offices were involved in the development of the plans. Input from these offices resulted in the addition of operational security features to the plans including glass partitions for the Utilities clerks, similar to the partitions in the Utilities customer service area in County Administration Building A, and secure storage rooms and raised access flooring fortheTax Collector's clerk stations. These operational security features added approximately $100,000.00 to the cost of the project. During the permitting process, several required building upgrades including new impact windows and framing for the exterior storefront were added. The cost for impact windows and framing is approximately $200,000.00. In addition, upgrades to the fire suppression system and repairs to the building's support columns, and repairs to the project site including curb replacement and parking lot restriping, also added to the overall cost of the project. At the conclusion of the design phase, MBV Engineering, Inc. provided a construction cost estimate to County Staff that included all of the site, building and office space improvements. The total of the construction cost estimate was $1,340,043.41. After advertising the project for 34 days, a bid opening was held on 7/13/2018. Two qualified bids were received for the project, a detailed tabulation of the bids is on file and available for F:\Public Works\ENGINEERING DIVISION PROJECTS\1744 Sebastian Corners\1-Admin\Agenda Items\Award of Bid\IRC-1744_AOB_20180731.doc 452 Page 2 Award of Bid No: 2018059 North County Offices at Sebastian Corners August 14, 2018 BCC Meeting viewing in the County Engineering Division. The two successful bidders and their respective bids are as follows: 1) Paul Jacquin & Sons, Inc. $1,878,941.00 2) W&J Construction Corp. $1,775,911.00 While the two successful bids received are close to each other in price, they are both considerably higher than the construction cost estimate provided by MBV. The higher than anticipated bid prices are likely the result of continuing improvements in the local and national economy, and recent increases in local new construction activity. In fact, based on Demandstar records, 22 contractors downloaded the plans for the North County Offices at Sebastian Corners project including six local Vero Beach contractors, however, only two bids were received, neither were from local construction companies. Although the bids were higher than anticipated, the relocation of the North County Offices from their current location at 11606-11612 US 1 in Sebastian represents a cost savings of approximately $100,000.00 per year paid by the County in rent to that location. In addition, rent paid to the County from existing in-place tenants at Sebastian Corners is approximately $175,000.00 per year. After reviewing both bids in detail, County Staff in coordination with MBV Engineering, Inc., has determined that W&J Construction Corp. has successfully completed similar construction projects both on time and at budget, and is the lowest responsive, responsible bidder. In fact, based on a review of recent projects completed by W&J Construction Corp., W&J has completed 3 Tax Collector Office renovations in Brevard County, including the Tax Collector's Office in Viera. In 2017, The Indian River County Tax Collector visited the Tax Collector's Office in Viera seeking design ideas for the new office at Sebastian Corners. W&J Construction Corp.'s bid of $1,775,911.00 is $435,867.59 above the Engineer's cost estimate. FUNDING Funding for the project is included in the Capital Improvement Element approved by the Board of County Commissioners on December 5, 2017. Funding in the amount of $400,000.00 is available in Optional Sales Tax/Facilities Management/Interior Renovations N County Office Bldg -Sebastian Corners- Account No. 31522019-066510-17018. A budget amendment from Optional Sales Tax/Cash Forward -Oct 1st will be required to fund the remainder of the project. ECOMMENDATION Staff recommends that the project be awarded to W&J Construction Corp. in the amount of 453 Page 3 Award of Bid No: 2018059 North County Offices at Sebastian Corners August 14, 2018 BCC Meeting $1,775,911.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance, and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION Paul Jacquin & Sons, Inc. W&J Construction Corp. APPROVED AGENDA ITEM FOR AUGUST 14, 2018 454 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Pape ARTICLE1- WORK.................................................................................................................................2 ARTICLE2 -THE PROJECT............................................................... j..........................................2 ARTICLE 3 —ENGINEER.................................................................... <.\ ARTICLE 4 - CONTRACT TIMES............................................................. .............. 2 ARTICLE 5 - CONTRACT PRICE...............s.....r:....................................... �.............................. 3 ARTICLE 6 - PAYMENT PROCEDURES........................................................................................ 3 ARTICLE 7 - INDEMNIFICATION ............ ......................... ............................................................... 5 ARTICLE 8 - CONTRACTOR'S. REPRES NTATIONS.....................................................................5 ARTICLE 9 - CONTRACT.DOCUMENTS ............................................................................................ 6 ARTICLE 10 - MISCELLANEOUS...::..................................................................................................7 r' FTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI @BCL@FC2F5C84ff 00520-1 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F5C85\@BCL@FC2F5C85.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 covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall p complete all Work as s ecifie\or1indic'ated in the Contract p Documents. The Work is generally described asJollows: This project consists of the construction<of,±8,400 S.F.'\of�new/office space and related facilities for the relocation of Indian River\Cbunty professional, offices. The project includes new restrooms, storefront window replacement, electrical and plumbing work, raised floors and the replacementlof rooftop air'+conditioning uniis. In addition, site related improvements will includen.ew pa king lof striping curb repair, new external lighting and exterior building cleaning and repainting. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work un part is generally desc(bed,as folio, Project.Name: NORTH C County�Project Number ,I Bid Number: 2018059 Prole4A, ddress: 191.9 W I'1nI IW LL J - L19V 1191 3.01 The Indian Rig and will act as the rights and with the compl ARTICLE 4 - ments may be the whole or only a AT SEBASTIAN CORNERS 4 SEBASTIAN, FLORIDA 32958 r\County Public Works Department is hereinafter called the ENGINEER )WNER's representative, assume all duties and responsibilities, and have uthority assigned to ENGINEER in the Contract Documents in connection ion of the Work in accordance with the Contract Documents. i 4.01 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 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 120th 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 @BCL@FC2F5C4% 00520-2 C:\Users\legistaAAppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F5C85\@BCL@FC2F5C85.doc paragraph 14.07 of the General Conditions on or before the 150th calendar day after the date when the Contract Times commence to run. 4.03 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 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if theMork 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 1 665.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or<any proper extension thereof -granted by OWNER, CONTRACTOR shall pay OWNER 1 6600 for each calendar day that expires after the time specified in paragraph 4,02`fo completion and readiness for final payment until the Work is completed and ready forfinal-payment:, ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount\in current `funds equal to the sum of the amounts determined pursuant to paragraph\5�01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the`pricessstated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONT-RACT SUM subject to -addition's and deductions provided in the Contract: Numerical'Arnount; $ Written Amount: / L 6.01 Submittal and Processing of Payments 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 (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain @BCL@FC2F5C4557 00520-3 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2FSC85\@BCL@FC2F5C85.doc five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress,,payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number offunits,completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2),of-th-earetaihage held by the County,as OWNER, and the County as OWNER shall.promptly make payment to the CONTRACTOR unless such amounts are the subject of a, good, faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05�or otherwise the subject of a claim or demand by(the�County as/OWNER ortithe,/CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or material's supplied byNoneor more subcontractors or suppliers, the Contractor shall timely �em� payment of such retainage to those subcontractors and suppliers\Pursuant to Florida Statutes section 218.735(8)(c), CONTRACTOR further acknowIedges\andvagrees that: 1) the County as OWNER shall�receiveimmediate 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 re( �ue`st`--�j 6.04 Paragraphs 6`2 and`6.03 do not, apply to construction services work purchased by the e 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 pt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable,grant requirements and guidelines. 6.05 Acceptance of_Fi all Payment as Release. p Y 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. @BCL@FC2F5C4f M 00520-4 C:\UsersVegistar\AppDala\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F5C85\@BCL@FC2F5C85.doc ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the/Contract Documents and the other related data identified in the Bidding Documents. ,/ , B. CONTRACTOR has visited the Site and become familia ,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 satis`fied,as to all federal, state\and local Laws and Regulations that may affect cost, progress; and performance of the Work.-/ '\ \ D. CONTRACTOR has carefully �st died\ all:\ (1)' reports of expl' orations and tests of subsurface conditions at or contiguous to-,the\Site and all drawings of physical conditions in or relating to existing surface; or`subsu`rface,�structures at or contiguous to the Site (except Underground Facilitie`s), which\ have been identified in the Supplementary Conditions as provided in paragraph,4i02'of the General Conditions and (2) reports and drawings of a Hazardous Environmenta�Condition�if any, at the Site which have been identified in the Supplemen`ry Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and careful Ivy, .studied (or assumes responsibility for having done so) alka�dditional 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 f /-, '_ or which relate\to�,anyiaspect of the means, methods, techniques, sequences, and \p'r�ocedures 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 andyprograms 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 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. @BCL@FC2F5C4-" 00520-5 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F5C85\@BCL@FC2F5C85.doc I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, incl 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclus 4. Sample Certificate of Liability I 5. Contractor's Application for Payment (pages 00622-1 to'00622"6 iriclusive); ti 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages, 00632-1 to 00632-2, inclusive); 8. Professional Surveyor &'-Mappers Certification as to Elevations and Locations of the Work (page 006341);``, 9. Genera Conditions (pages 00700:1,to 00700-44, inclusive); 10. Supplementary Con%ditions (pages"00800-i to 00800-11, inclusive); 1/1-"S,p_ecificatiris asflisted in -Division (General Requirements) and Division 2 (Technical Provisions); 12�-Drawings oc ns sting tinge of a cover sheet and sheets numbered A0.0 through M2.1, inclusive, with each sheet bearing the following general title: NORTH COUNTY 13. 14. Appendices to this Agreement (enumerated as follows): Appendix A - Indian River County Fertilizer Ordinance 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 16. Bid Bond (page 00430-1), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1); 17.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); @BCL@FC2F5C84" 00520-6 C:\Users\legistar\AppOata\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F5C85\@BCL@FC2F5C85.doc 18.Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19.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; Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 A. Terms used in this Agreement will have 10.02 Assignment of Contract M 10.03 0 10.04 A. No assignment by a party heretc binding on another party hereto bound; and, specifically but wittio that are due may not be assigns effect of this restr 6-6-h,may be contrary in any written consant to the assignor from any�d.uty.or-res't "Conditions. ider or interests/in the Contract will be ten consent of the party sought to be ieys that may become due and moneys consent (except to the extent that the and) unless specifically stated to the no assignment will release or discharge he Contract Documents. inds itself, its partners, successors, assigns, and hereto, its partners, successors, assigns, and legal ants, agreements, and obligations contained in the 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. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance . @BCL@FC2F5C8*6f 00520-7 C:\Users\legistaAAppData\Local\Temp\BCL Technologies\easyPDF 81@BCL@FC2F5C85\@BCL@FC2F5C85.doc A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential' and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if -the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at n est, to the Couhty all publicrecords in possession of the Contractor or keep and maintain public records required by.,the.County to perform the service. If the Contractor transfersallNpublic 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 requirement�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 \HASH -QUESTIONS REGARDING THE APPLICATION OF 'CHAPTER X11.9, FLORIDA STATUTES, TO THE CONTRAC`TOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT� ((772)226, 24 , PubIicrecords(&/ircqoV.corn �ndialn—River`�Cqunty Office of the County Attorney 1 -801 -27th -Street> %11 Vero Beaeh,jFL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions @BCL@FC2F5C84,&,2 00520-8 C:\UsersVegistar\AppOata\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F5C85\@BCL@FC2F5C85.doc 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 Contract is approved by the Indian River County Board of County Commissioners, which is, the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: 0 Peter D. O'Bryan, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: � N Dylan Reingold, County Attorney \ \. Address forgiving notices: Jeffrey R. Smith, Clerk of Cou t -and Comptroller ` \License No. Attest: \ �Dep'uty Clerk \ \ CONTRACTOR: (SEAL) Designated Representative: Name, Ri 'hard B. Szpy\rk:E.. Title: Public Works Director / 1801 27th"Street---\ Vero Beach,.Florida -32960 (772) 226-1234 Facsimile: (772) 778-9391 (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * @BCL@FC2F5C463 00520-9 C:\UsersVegistar\HppOata\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F5C85\@BCL@FC2F5C85.doc INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Update on Unmaintained County Roadways DATE: July 26, 2018 DESCRIPTION AND CONDITIONS On October 3, 2017 the Board of County Commissioners discussed the issue of unmaintained County roads. The Board discussed several options for a possible long-term policy/solution to address the current situation whereby the County does not maintain roadways that have not been physically constructed to a maintainable roadway standard and therefore are designated as unmaintained County roadways. On June 12, 2018 Staff presented to the Board information regarding issues the County will encounter for the construction of unpaved roadways within sub -standard rights-of-way. The issues discussed were the availability of right-of-way, design and permitting requirements, and the costfor design and construction. Staff also provided funding options to the Board for consideration. The Board continued this matter to allow staff time to meet with St. Johns River Water Management District to discuss possible options for permitting of unpaved roadways within unmaintained right-of- ways. Staff met with SJRWMD (District) staff on July 5, 2018 to discuss possible permit exemptions for the improvement of unmaintained unpaved roadways within the County. Staff provided District staff with current conditions of unmaintained roadways within the County that are being used for access to residential homes. Due to the existing conditions of the unmaintained roadways, Districtstaff agreed that most of the unmaintained roads within the County unmaintained rights-of-way could qualifyfor permitting exemptions under Florida Administrative Code (F.A.C) 62-330.050 and 62-330.051. Itwas agreed that on a case by case basis, the County would submit a Request for Verification of an Exemption form to the District for a determination. The submittal fee is $100.00 for each request. This will allow the County to receive written verification from the Districtthat a certain unmaintained unpaved road is or is not exempt from permitting. With this information we will be able to prepare a more accurate cost for improving the roadway. Unmaintained right-of-ways that are exempt from permitting will reduce the cost of design and construction, and in most cases allow the County to construct an unpaved roadway within the current right-of-way or within the current location of the path, 18 -foot minimum, travelled by residents using the unmaintained right-of-way for access. Each unmaintained right-of-way is different and will require some type of preparation work prior to the installation of 8 -inches of stabilized material. The preparation work could be fill material to fill holes, removal of grass to prepare for installation of the stabilized material, stormwater pipe workto replace or extend existing pipes, stormwater inlets to address drainage issue, and other types of work needed to prepare for the installation of stabilized material. Based on minimum preparation work it is estimated that one mile of an 18 -foot wide unpaved roadway can be constructed by a contrac464 Page 2 of 2 Update on Unmaintained County Roadways 8CC Agenda Item for August 14, 2018 for $50.00 a linear foot or $264,000. This is a decrease from $65.00 a linear foot or $343,200 from previous estimates provided to the Board on June 12, 2018 which included stormwater treatment. This cost could be further reduced if County forces were utilized to prepare and construct the unpaved roadway. However, due to the limited availability of Public Works staff and equipment, this option would require that ongoing maintenance activities such as failed culvert replacements, roadway paving, drainage maintenance, and other special projects would be sacrificed to construct unpaved roadways. This is not recommended, as we have not recovered from the delayed maintenance activities during the economic downturn. Based on the positive feedback from the District and the reduction in the overall cost for unpaved roadway construction, staff is requesting the Board consider the following options and provide direction to staff. ` ➢ Option #1 — Establish an MSTU or MSBU in 1, 2, or 3 of the study areas to fund existing roadway maintenance; add new County maintained roadway segments by extending the petition paving/milling process to unpaved roadways with construction costs funded by assessment (75% benefited property owners —25%County) and maintenance funded bythe MSTU or MSBU. (75%/25% split) ➢ Option #2 — Establish an MSTU or MSBU in 1, 2, or 3 of the study areas to fund existing roadway maintenance and a multi-year expansion program to construct and maintain new County maintained roadway segments. ➢ Option #3 — Continue existing roadway maintenance as currently funded by the Transportation Fund: add new maintainable unpaved roadway segments by extending the petition paving/milling process to unpaved roadways with construction costs funded by assessment of 75% of the cost to the benefited property owners and 25% contributed from the Transportation fund. After construction is completed, the maintenance is to be funded by the Transportation Fund. ➢ Option #4—Continue maintaining roadways in the current fashion and do not add additional unpaved roadway segments to the current maintenance routes. FUNDING Funding for improvements would depend upon the option selected. Once an option is selected and a cost estimate determined, a funding plan will be submitted to the Board. RECOMMENDATION Staff recommends Option #3. ATTACHMENTS None APPROVED AGENDA ITEM FOR August 14, 2018 465 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2C2927E1\@BCL@2C2927E1.doc INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 27, 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 Rich Meckes, Wastewater Superintendent Subject: Emergency Repair of the South County Wastewater Treatment Facility Self Cleaning Bar Filter Screen BACKGROUND/ ANALYSIS: In April of 1998, the South County wastewater treatment facility installed and started operations of the Aqua Guard Bar Screen to remove unwanted debris from the raw sewage flow stream before it enters the treatment process. In 2009, the Board of County Commissioners (BCC) approved the Indian River County Department of Utility Services (IRCDUS) request to refurbish and rebuild the Aqua Guard Equipment for a cost of $44,219.00. This equipment once again needs reconditioning. This vital process equipment is required to ensure the facility is in compliance with the Florida Department of Environmental Protection (FDEP) permit requirements forthe health and safety of our environment. Over the last 9+ years, the equipment received routine maintenance, but the equipment has failed and needs refurbishment. IRCDUS planned and budgeted to have this equipment refurbished during the 2018- 2019 fiscal year but the equipment has failed. With the failure of the Bar Filter Screen, staff is manually cleaning the screen. This is often a problematic process. Due to the specific nature of the equipment and the design of the headworks structure, the Aqua Guard equipment refurbishment and parts are a sole source. Parkson Corporation is the original manufacturer/ supplier of the Aqua Guard Self Cleaning Bar Filter Screen and is the only source for Original Equipment Manufacturer (OEM) replacement parts service and repair. The Assistant County Administrator authorized the issue of an emergency purchase order to expedite the timeliness of the repair. Emergency purchase order #81153 was issued July 31, 2018, for the purchase of the parts at a cost of $49,662.00. The emergency purchase order was requested due to the critical need at the facility and the eight-week lead time for these specialized parts. In addition to the $49,662.00 that was approved as an emergency item, another $19,540.00 is needed for the installation. FUNDING: Funds for the parts purchase were made available in the Fiscal Year (FY) 2017-2018 Renewal and Replacement (R&R) account. Since there is a significant lead time needed for these items, it is likely C:\Users\Legistar\Appdata\Local\Temp\BCL Tech nologies\Easypdf 8\@BCL@DOIDEE58\@BCL@D01DEE58.Doc Page 1 of466 that the parts will not be received before the end of FY 2017-2018. Therefore, staff requests that the $49,662.00 from FY 2017-2018 be rolled into FY 2018-2019. The $19,540.00 remaining funds will come from the FY 2018-2019 R&R budget, providing the R&R FY 2018-2019 budget is approved as requested. Description Account Number Amount S WWTF Headworks FY 2017-2018 47123536-044699-18533 $49,662.00 S WWTF Headworks FY 2018-2019 47123536-044699-18533 $19,540.00 RECOMMENDATION: The staff of Indian River County Department of Utility Services (IRCDUS) recommends that the Board of County Commissioners (BCC): • Approve Parkson Corporation as the sole source vendor for Aqua Guard Self Cleaning Bar Filter Screen equipment for this purchase and any future needs for repair of the county's bar filter screen equipment. • Authorize the Purchasing Division to increase purchase order 81153 to Parkson Corporation to a total of $69,202.00 to cover the full cost of the project. • Authorize the Chairman to execute the Standard Conditions of Sale included in Parkson's quote, after review and approval by the County Attorney as to form and legal sufficiency. • Approve the rollover of funds allocated in the 2017-2018 Renewal and Replacement (R&R) Operating budget to the 2018-2019 R&R Operating budget to complete the project as described in the Parkson Quote No. B02011086. ATTACHMENTS: 1. Parkson Corporation Quote No. B02011086 Rev 3 2. Sole Source Letter, Parkson Corporation C:\Users\Legistar\Appdata\Local\Temp\BCL Tech nologies\Easypdf 8\@BCL@D01DEE58\@BCL@D01DEE58.Doc 467 Quotation NUMBER: B02011086 Rev 1 T0: South County WWTP 25006 th Ave. SW Vero Beach, FL 32962 Attn: Jim Degraffenreid Tel: 772.453.3500 Fax: E -Mail: jdegraffenreid@ircgov.com DATE: July 23, 2018 REF.: Project Name: South County WWTP Project Location: Vero Beach, FL Original Serial t AG -1895 Rebuild #: B02011086 Specification Sec.: N/A Parkson Corporation proposes the reconditioning of your existing Aqua Guard° Continuous Self - Cleaning Bar/Filter Screen and is pleased to provide this Rebuild/Retrofit Quotation for the following: ITEM 1 AQUA GUARD SELF-CLEANING BAR/FILTER SCREEN # Existing Units: 1 Unit #: AG -189501 Model: AG -MN -A 1.A Existing Equipment: Description Screen Width: 22.5' Solids Discharge Height: 11 ft. [as measured from the bottom of the channel to the discharge point] Screen Angle: 750 Screen Opening: 3 mm Application / Industry: Municipal Materials of Construction Elements: Frame: Conveyor Chain: Filter Element Shafts: Side Plate: high impact polycarbonate alloy 316 SS 316/410 316 SS high impact phenolic 468 1-B The following parts are recommended for replacement on one (1) unit: AG -1895 B02011086 Vero Beach, South County WWTP AG -MN -A75,22.5" x 11'DH Item Description Quantity Crane 2 Rotating Brush, UltraBrush 1 Upper Guide Rail, 316ss 2 Lower Guide Rail, 316ss 2 Upper Guide Rail Mounting Spacer, 316ss 6 Lower Guide Rail Mounting Spacer, 316ss 4 Guide Rail Assembly, 316ss AS/OH 2 Front Seal Components 1 Discharge Pan Seal 1 Side Seal, Brushes 2 Flange Bearing, Brush 2 Pillow Block, Take-up 2 Flange Bearing, Drive shaft 1 Bushing, 1 Bushing, 1 Sprocket, Brush 1 Sprocket, Drive shaft 1 #40 Chain with Master Link 1 Chain Tighener 1 Hardware 1 Filler Plate 2 Nameplates & Labels set 1 Rivet, Blind, SS 4 Front Seal Brush 2 x 16-1/4 Brush 3 x 16-1/4 Clips Side Plate, Phenolic Washer Conveyor Chain Filter Shaft, Solid Snap Ring Filter Element, 3mm 1 1 6 192 192 192 96 192 3600 469 ITEM 2 OFFERINGS - PURCHASE PRICE 2.A rarkson Certified On-site Rebuild with OEM Parts & Technicians Per Uni ............................................... ......................................$72,787.00 USE 2.13 1. To ensure work site safety, Parkson is responsible for removing unit from the channel, placing unit on a level surface, thoroughly cleaning, pressure washing, disinfecting the unit, and reinstalling unit in channel. 2. All parts listed in [1 B] above. 3. Parts will be shipped F.O.B. Factory, freight included to jobsite. 4. Removal and reinstallation of the unit in the channel is included. 5. Work performed by Parkson authorized field technicians, who will test run equipment at completion of rebuild. 6. Taxes excluded. Rebuild / Start -Up Assistance - Included Parkson will furnish one certified crew as required to rebuild unit, provide start-up and operator training. Dates of service to be scheduled upon receipt of Buyer's written request. Additional start-up service can be purchased for $1,000 per day plus travel and living expenses. 'arkson Certified On-site Rebuild by Owner with OEM Parts and Parkson_ >uperyision a................... ................................ r.................... _..$65,687.00 USD 1. To ensure work site safety, Parkson is responsible for removing unit from the channel, placing unit on a level surface, thoroughly cleaning, pressure washing, disinfecting the unit, and reinstalling unit in channel. Customer is responsible for all field work, with supervision of rebuild efforts by Parkson. 2. All parts listed in [1 B] above. 3. Parts will be shipped F.O.B. Factory, freight included to jobsite. 4. Removal and reinstallation of the unit in the channel is included. 5. Work supervised by Parkson certified personnel. 6. Taxes excluded. Field Service Supervision / Start -Up Assistance - Included Parkson will furnish one factory representative as required to provide rebuilding supervision, and operator training. Dates of service to be scheduled upon receipt of Buyer's written request. 470 2.0 Parkson OEM Certified Parts Only (Per Unit)................................$58,587.00 USD 1. Owner is responsible for all field work. 2. Parts listed in [1 B] above (only). 3. Parts are F.O.B. Factory, freight included. 4. Taxes excluded. ITEM 3 OPTIONS FOR EXISTING UNITS(S) ONLY ..................................................... Add/Deduct....... $ USD ITEM 4 SCHEDULE, VALIDITY, PAYMENT TERMS 4.A Schedule ® Submittal Phase not required on this project. ® Parts availability: Eight (8) weeks following receipt of acceptable written Purchase Order. ® Field/on-site rebuild will be accomplished within 4 weeks after parts are delivered to customer, but in no event later than 90 days. ® Rebuild must be completed within 90 days after parts arrive on-site. 4.13 Validity: ® Price is valid for thirty (30) calendar days from Quotation date, for shipment of Equipment within the timetable stated above. 4.0 Payment Terms: ® 90% net 30 days upon shipment of parts to site, 10% upon rebuild completion, not to exceed 90 days after shipment of parts should rebuild be delayed by other than Parkson. Payment terms for parts only without any factory labor or field service is 100% net 30 days from shipment. ITEM 5 WARRANTY, DRAWINGS & MANUALS 5.A Mechanical Warranty: As defined in Section XVI on the attached Standard Conditions of Sale, Parkson offers a one (1) year mechanical warranty for all new parts installed on the Aqua Guard screen by a) on-site certified rebuild, or b) on-site supervised, certified rebuild. 2. Installation labor of parts or parts not ordered as part of a rebuild package have a 90 - day warranty. 471 5.13 Drawings and Installation, Operation and Maintenance (10&M) Manuals: 1. Approval Drawings: Not required 2. Certified Drawings: Not required 3. 10&M Manuals: Not required TERMS AND CONDITIONS: Parkson's Standard Conditions of Sale, as stated on the attached, shall apply. PATENTS: The Equipment and/or process quoted herein may operate under one or more U.S. patents. The Purchase Price includes a one-time royalty payment (if any), which provides the Buyer with immunity to operate the Equipment specified in the Quotation under any applicable patents. CLARIFICATIONS AND EXCEPTIONS: Section 472 BUYER / OWNER RESPONSIBILITY UNLESS OTHERWISE STATED: Getting the Unit ready for the Rebuild/Retrofit • Upon disassembly on-site, if any unforeseen parts or structural repairs are discovered, Parkson Corporation will notify the customer prior to commencement of any repairs which will be beyond the originally quoted scope. The costs for these items and any time extension will be added to the scope of work. • Removal and installation of Aqua Guard unit in channel, does not include the following: 1. Disassembling from adjoining equipment/ electrical / controls. 2. Disconnecting shower water connections and water supply. 3. Disconnecting controls / electrical connection and interconnecting wiring removal (including any of the following, but not limited to: E -stop button, solenoids, motors, interlock switches, wiring and conduit from each unit -mounted electrical device to a terminal box or control panel). 4. Removing piping connections, platforms, gratings and railings unless stated otherwise. 5. Removing any other auxiliary equipment or service not detailed above. • Readiness of the equipment before requesting [rebuild or start-up] service. Non -readiness may result in additional charges. Getting the Site ready for the Rebuild/Retrofit (Personnel Safety is of utmost importance) • Provide a safe work area around the equipment. • Redirect channel flow. • Provide clean, dry channel. Customer must Provide • Dumpster for all old parts. 473 Please return one signed copy of this quotation and Purchase Order to Parkson Corporation at the address below. Refer to this quotation, date, and related correspondence. Issued By: Carlos Robaina Accepted By: (Herein called the Buyer) PARKSON CORPORATION 1401 West Cypress Creek Road, Ste. 100 Fort Lauderdale, FL 33309 Name: Marty Unger Title: Regional Sales Manager Phone: 954 383-1757 E -Mail: munger@parkson.com Fax: 954-252-3775 Date: July 23, 2018 Enclosures: Standard Conditions of Sale Local Rep: Jim Wahl Mack Company, 17088 Gulf Pine Circle Wellington, FL 33414 (M) 954-646-3465 cc: Louise Dunevant; Rui Claudio Aqua Guard Rebuild 06/09/17 Supersedes 05/11/17. Title: Date: 474 Standard Conditions of Sale I. GENERAL: All references to Parkson (or any derivative thereof) shall mean Parkson Corporation and all references to Buyer shall mean the customer named in a purchase order, quotation or proposal (collectively referred to herein as "quotation"). All quotations from Parkson shall be considered solicitations of offers and all purchase orders placed by Buyer shall be considered offers, which can only be accepted in writing by Parkson. Buyer shall either sign Parkson's quotation, or in the alternative, issue a non -conflicting purchase order containing necessary information, such as site name, price schedule, type and quantity of product, requested delivery date and delivery instructions. Parkson hereby objects to and rejects any and all additional or different terms proposed by Buyer, whether contained in Buyer's request for quotation, purchase order, purchasing or shipping release forms. Notwithstanding any terms or conditions that may be included in Buyer's purchase order form or other communications, Parkson's acceptance is conditional upon Buyer's assent to the terms and conditions set forth herein. It is agreed that sales are made only on the terms and conditions herein and any other terms or conditions shall not become a part of the agreement unless expressly agreed to in writing by Parkson. Parkson's failure to object to any terms or conditions contained in Buyers purchase order or other communication shall not be deemed to be acceptance of such terms or conditions. These terms and conditions shall be deemed incorporated (as though set forth in full) into any agreement entered into between Parkson and Buyer unless otherwise noted in writing. Parkson reserves the right, without any increase in price, to modify the design and specifications of Parkson products, provided that the modification does not adversely affect the original performance specifications as specified by Parkson or as requested by Buyer. Shipments, deliveries and performance of work shall at all times be subject to the approval of Parkson's Credit Department. Parkson may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or security or upon terms and conditions satisfactory to Parkson. II. PRICES, TERMS OF PAYMENT & TAXES: (a) PRICES: Unless expressly stated to be firm for a definite period, Parkson's offers are subject to change without notice, and in all cases are subject to withdrawal at any time before acknowledgment by Buyer. Quoted prices are firm for only thirty (30) days. Orders placed after thirty (30) days are subject to price increases in Parkson's sole discretion. Prices on acknowledged orders are firm for the agreed upon delivery time. Customer requests to extend originally agreed upon delivery date(s) will be subject to price escalation. If a price is stated in the quotation, it is based upon shipment of the quantities and quality requested by Buyer and on the basis of Parkson's internal delivery schedule at the time of preparation of said quotation. (b) TERMS OF PAYMENT: Payments against invoices shall be due and payable thirty (30) days from the date of delivery to a carrier, or upon receipt of an invoice from Parkson, whichever first occurs. If in Parkson's opinion, Buyer's financial condition does not justify continuation of production or shipment on the terms of payment specified, Parkson may, upon written notice to Buyer, cancel or suspend any outstanding order or part thereof, unless Buyer shall promptly pay for all goods delivered or shall make advance payments to Parkson as it, at its option, shall determine. If Buyer delays shipment for any reason, date of readiness for shipment shall be deemed to be the date of shipment for payment purposes. If Buyer delays manufacture for any reason, a payment shall be made based on purchase price and percentage of completion, with the balance payable in accordance with the terms as stated. If payments are not made in conformance with the terms stated herein, the contract price shall, without prejudice to Parkson's right to immediate payment, be increased by 1'/z% per month on the unpaid balance, not to exceed the maximum amount permitted by law. If at any time in Parkson's judgment Buyer may be or may become unable or unwilling to meet the terms specified herein, Parkson may require satisfactory assurance or full or partial payment as a condition to commencing, or continuing manufacture, or in advance of shipment. (c) TAXES: Except for the amount, if any, of tax stated in a Parkson quotation, the prices set forth therein are exclusive of any amount for federal, state, local, excise, sales, use, property, in -country, import, VAT or similar taxes or duties. Such prices also exclude permit, license, customs and similar fees levied upon shipment of Parkson products. III. SHIPMENTISTORAGE: (a) SHIPMENT: The anticipated shipment date(s) set forth in the quotation is/are approximate and subject to change. Notwithstanding other limitations set forth by Parkson, Parkson shall not be liable for any delays in shipment which are caused by events beyond the control of Parkson including, but not limited to, delays caused by inaccurate or incomplete data, changes or revisions in the work to be performed, tardy approval of drawings by Buyer, acts of Buyer or Buyer's agent, Force Majeure, accidents, strikes, inability to obtain labor or materials, or delay in transportation. Parkson shall have the right to extend the anticipated shipment date for up to ten (10) business days, for any reason, provided Parkson shall give Buyer written notice of such delay prior to the scheduled shipping date. Buyer's order will be crated for domestic truck shipment and Parkson assumes no responsibility for loss of, or damage to, the equipment following delivery to a carrier, who shall be deemed to be acting as agent for Buyer, and the equipment shall thereafter be at the Buyers sole risk. It is Parkson's policy to ship its equipment "Bill Collect," and the carrier will mail its invoice(s) directly to Buyers billing address, unless otherwise agreed to in writing. (b) STORAGE: Once Buyer has been notified that its order is ready for shipment, if Buyer requests that the order (in whole or in part) not be shipped until a later date, the equipment will be segregated from other inventory and Buyer shall execute Parkson's Transfer of Title form evidencing transfer of title and transfer of risk of loss from Parkson to Buyer pursuant to Section IV below. In the event that Buyer shall refuse to execute Parkson's Transfer of Title form and/or if the fabricator is unable to withstand storage of the equipment, Parkson shall have the right, at its sole discretion, to transfer the equipment to an intermediate storage facility, all at Buyer's cost, whereby transfer of title and risk of loss will be deemed to pass, pursuant to Section IV below, when the products are delivered to the carrier at the factory. All costs associated with shipping the equipment to said storage facility or from said storage facility to the job site (or any other site requested by Buyer) shall be the responsibility of Buyer. Buyer shall reimburse Parkson upon demand for any costs incurred by Parkson in connection with said storage, including without limitation, steps taken to protect the equipment from the elements, transport, storage facility fees, insurance, etc. Any delay in shipment requested or caused by Buyer or its agents will not affect the Terms of Payment above. IV. TITLE & RISK OF LOSS: Parkson's prices are F.O.B. Parkson's Factory and are exclusive of taxes, shipping, handling and insurance. Title to all equipment and risk of loss, deterioration or damage shall pass to Buyer upon delivery to a carrier; except that a security interest in the equipment or any replacement shall remain in Parkson's name, regardless of mode of attachment to realty or other property, until the full purchase price has been received by Parkson. Buyer agrees to do all acts necessary to perfect and maintain said security interest, and to protect Parkson's interest by adequately insuring the products against loss or damage from any external cause, including during any storage or transport, with Parkson named as insured or co-insured. 475 Any claim by Buyer against Parkson for shortage or damage occurring prior to delivery must be made in writing within ten (10) calendar days after receipt of shipment and accompanied by an original transportation bill signed by the carrier noting that carrier received goods from Parkson in the condition claimed. Parkson shall have the right to ship all goods at one time or in portions, within the time for shipping provided in such order, unless specifically requested in writing by the Buyer that these shipments be made in total. Any shipments returned to Parkson as a result of Buyer's unexcused delay or failure to accept delivery will require Buyer to pay all additional costs incurred by Parkson, including any storage costs as set forth in Section III above. V. ERECTION: Unless otherwise agreed in writing, products are assembled, installed and/or erected by and at the full expense of Buyer. VI. CANCELLATION & BREACH: Buyer agrees that Parkson products are specially manufactured goods that are not suitable for sale to others in the ordinary course of business. Therefore, purchase orders placed with Parkson cannot be canceled without recourse, nor shipments of goods made up, or in process, be deferred beyond the original shipment dates specified, except with Parkson's written consent and upon terms which shall indemnify Parkson against all loss. In the event of cancellation or the substantial breach of the agreement between Buyer and Parkson, including without limitation, failing to make payment when due, Buyer agrees that Parkson will suffer serious and substantial damage which will be difficult, if not impossible, to measure, both at the time of entering the agreement and as of the time of such cancellation or breach. Therefore, the parties agree that upon such cancellation or breach, the Buyer shall pay to Parkson the sums set forth below which Parkson and Buyer do hereby agree shall constitute agreed and liquidated damages in such event: a. If cancellation or breach shall occur after the acceptance of the purchase order but prior to mailing of general arrangement drawings by Parkson to Buyer, liquidated damages shall be 10% of the selling price. b. If cancellation or breach shall occur within thirty (30) days from the mailing of general arrangement drawings by Parkson to Buyer, the liquidated damages shall be 30% of the selling price. c. If the cancellation or breach occurs after thirty (30) days from the mailing of general arrangement drawings by Parkson to Buyer, but prior to notification that the order is ready for shipment, the liquidated damages shall be the total of 30% of the selling price plus the expenses incurred, cost of material, and reasonable value of the work expended to fill the respective order by Parkson's engineers and other employees, agents and representatives after the mailing of general arrangement drawings by Parkson to Buyer. All sums will be determined at the sole reasonable discretion of Parkson provided, however, that the total liquidated damages under this provision shall not exceed the total selling price. d. If cancellation or breach shall occur after Parkson has notified Buyer that the order is ready for shipment, then the liquidated damages shall be the total selling price. VII. DRAWINGS & SPECIFICATIONS: In the event that drawings are sent to Buyer for approval after an order is placed, the drawings must be returned marked "Approved" or "Approved As Noted" within twenty (20) calendar days after receipt unless otherwise noted. In the event that Buyer's written comments are not given within the twenty (20) day period, Parkson shall deem the items approved. VIII. CORRECTIVE WORK & "BACK CHARGES". In no event shall any work be done, or services or material be purchased or expense otherwise incurred by the Buyer for the account of Parkson until after full and complete particulars (including an estimate of material cost) have been submitted in writing and approved in writing by Parkson. Parkson must be given the opportunity to discuss and research alternative methods to lower the costs involved in such corrective work. Unless agreed-upon in writing by Parkson, Parkson will not be liable for labor costs, overhead, administrative costs, interest or any other consequential or indirect costs Buyer incurs. Returned items will not be accepted unless Parkson has previously agreed to such return in writing and supplied written return -shipping instructions to Buyer. IX. SELECTION OF MATERIALS: Because all Parkson products are specially manufactured products, the material make-up of many of Parkson's products varies from project to project. The determination of the materials' suitability and adaptability (including without limitation, paints and/or coatings) to the specific needs of the Buyer is solely the Buyer's choice and responsibility. X. CONFIDENTIAL INFORMATION & IMPROVEMENTS: The design, construction, application and operation of Parkson's products, services and relevant documentation embody proprietary and confidential information; therefore, Buyer will maintain this information in strict confidence, will not disclose it to others, and will only use this information in connection with the use of the products or to facilitate the provision of services sold by Parkson. Buyer will not copy or reproduce any written or printed materials or drawings furnished to Buyer by Parkson. Buyer agrees to immediately return all confidential material to Parkson if requested in writing by Parkson. Buyer will not copy any information provided by Parkson or make any design drawings of Parkson's equipment and will not permit others to copy or make any design drawings of the equipment. Parkson shall have a royalty -free license to make, use and sell, any changes or improvements in the products invented or suggested by Buyer or its employees. Buyer acknowledges that a remedy at law for any breach or attempted breach of this Section will result in a harm to Parkson for which monetary damages alone will not be adequate. Buyer covenants and agrees that neither it nor any of its affiliates will oppose any demand for specific performance and injunctive and other equitable relief in case of any such breach or attempted breach. Notwithstanding anything to the contrary herein, Parkson may seek enforcement of any breach of this Section without the necessity of complying with the provisions regarding resolution of disputes herein. XI. FIELD SERVICE: Field Service included in the quotation will only be scheduled upon written request and may be subject to credit approval. Should the Buyer have outstanding balances due Parkson, no start-up / field service will be scheduled until such payments are received by Parkson. The Buyer assumes all responsibility for the readiness of the system when it requests start-up service. Should Parkson's Field Service Engineer arrive at the jobsite and determine that the system cannot be started up within a reasonable time, Parkson shall have the option to bring the Field Service Engineer home and bill the Buyer for time, travel and living expenses. Additional field service is available from Parkson at the prevailing per -diem rate at the time of the 476 request for service plus all travel and living expenses, portal-to-portal. A purchase order or change order will be required prior to scheduling this additional service. XII. LIMITATION OF LIABILITY: Unless expressly agreed to in writing by Parkson, all damages not direct and actual in nature, including without limitation, consequential, incidental, indirect, exemplary and punitive damages, shall be expressly prohibited damages. Such prohibited damages include, but are not limited to, lost rent or revenue; rental payments; costs (increased or not) of administration or supervision; costs or delays suffered by others unable to commence work or provide services as previously scheduled for which a party to this contract may be liable; increased costs of borrowing funds devoted to the project (including interest); delays in selling all or part of the project upon completion; damages caused by reason of Force Majeure or acts of God (with the broadest statutory or court of law definition possible); termination of agreements to lease or buy all or part of the project, whether or not suffered before completion of services or work; forfeited bonds, deposits, or other monetary costs or penalties due to delay of the project; interest for any reason assessed to Buyer; increased taxes (federal, state, local, or international) due to delay or recharacterization of the project; lost tax credits or deductions due to delay; impairment of security; attorney and other legal fees for any reason assessed to Buyer, loss of use of the Equipment or any associated Equipment, costs of substitute Equipment, facilities or services, down time costs, claims of customers of Buyer for such other damages; or any other indirect loss arising from the conduct of the parties. Parkson only agrees to responsibility for damages from proven negligent and willful acts of its direct employees only. XIII. APPLICABLE LAWS & GOVERNING LAW: To the best of Parkson's knowledge, Parkson products comply with most laws, regulations and industrial practices; however, Parkson does not accept responsibility for any state, city or other local law not specifically brought to Parkson's attention. For OSHA compliance, (1) Parkson is only liable for those OSHA standards that are in effect as of the date of the quotation, and to the extent they are applicable to the performance of Parkson. (2) Parkson is only responsible for the physical characteristics of the product(s) and not for the circumstances of the use of the product(s). (3) Parkson's liability through any noncompliance to OSHA shall be limited to the cost of modifying the product(s) or replacing the non -complying product(s) or component(s) after receipt of prompt written notice of noncompliance. The rights and obligations of Buyer and Parkson shall be governed by and interpreted in accordance with the substantive laws of the state of Florida including the uniform commercial code of Florida, excluding conflicts of law and choice of law principles. XIV. DISPUTE RESOLUTION: Any issue, difference, claim or dispute ("Action') that may arise out of or in connection with the project referenced in the quotation, including these terms and conditions, shall be first resolved by negotiation at the highest executive levels between the Buyer and Parkson. If said negotiation is unsuccessful, any said Action or any transactions contemplated hereby or in the Quotation shall be finally settled under BINDING ARBITRATION in Broward County, Florida. Any such arbitration shall be governed by the Commercial Arbitration Rules of the American Arbitration Association and shall be overseen by one (1) single arbitrator. Buyer and Parkson shall agree upon a single arbitrator or, if Buyer and Parkson cannot agree upon an arbitrator within thirty (30) days, then the Buyer and Parkson agree that the American Arbitration Association shall appoint a single arbitrator. In the event that an Action is brought, the prevailing party shall be entitled to be reimbursed for, and/or have judgment entered with respect to, all of its costs and expenses, including reasonable attorney's fees' and legal expenses. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. XV. PATENTS: Parkson shall indemnify Buyer against any judgment for damages and costs which may be rendered against Buyer in a suit brought on account of the alleged infringement of any United States patent by any product supplied by Parkson, unless (a) the alleged infringement occurs as a result of any alteration or modification to the product or the use of the product in combination with the products or services of any party other than Parkson, or (b) the product was made in accordance with materials, designs or specifications furnished or designated by Buyer, in which case Buyer shall indemnify Parkson against any judgment for damages and costs which may be rendered against Parkson in any suit brought on account of the alleged infringement of any United States patent by such product or by such materials, designs or specifications; provided that prompt written notice be given to the party from whom indemnity is sought of the bringing of the suit and an opportunity be given to such party to settle or defend it as that party may see fit and that every reasonable assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special, indirect, incidental or consequential damages arising out of allegation of patent infringement. XVI. MECHANICAL WARRANTY: For a period of one (1) year following the Equipment shipment date ("Warranty Period"), Parkson's Equipment is limitedly warranted to be free from defective material and workmanship, under normal use and service and when installed, operated and maintained in accordance with installation instructions, this policy and maintenance/operating procedures. To make claim under this Warranty, Buyer must notify Parkson within ten (10) business days after the date of discovery of any nonconformity and make the affected Equipment immediately available for inspection by Parkson or its service representative. Parkson Equipment may be deemed nonconforming only by an authorized Parkson representative. Returns will not be accepted unless Parkson has authorized said return in writing, If Parkson's inspection indicates nonconforming materials and/or workmanship, the Equipment will, at Parkson's option, either be repaired or replaced without charge. Upon receipt of Parkson's written consent, Equipment may be promptly returned to Parkson, F.O.B. its factory. However, under certain circumstances, Parkson may decide, in its sole discretion, to repair or replace the Equipment at the Project site. Buyer hereby agrees to provide Parkson, its employees and/or representatives, free of charge, on-site access to the Project site, and any necessary utilities and plant personnel needed by Parkson for the purpose of repairing and/or replacing nonconforming Equipment per this Warranty. The following will void this Warranty: (A) Equipment is used for purposes other than those for which it was designed; (B) Equipment is not used in accordance with generally approved practices; (C) Disasters, whether natural or manmade, such as fire, flood, wind, earthquake, cave-in, lightning, war, or vandalism; 477 (D) Unauthorized alterations to or modifications of the Equipment not approved by Parkson, in writing; (E) Abuse, neglect or misuse of Equipment, including without limitation, operation of Equipment after a defect is discovered; (F) Operation of Equipment by persons not properly trained for that purpose; (G) Failure to operate the Equipment in accordance with Parkson's specifications, 0&M manuals or other written guidelines; and/or (H) Failure to perform regular cleaning, inspection, adjustment and/or preventative maintenance. BE ADVISED: Parkson is not liable for any corrective work or expenditure that has not been authorized by Parkson in writing prior to the commencement of such work and prior to committing to such expenditures. Inspection service calls, requested by Buyer, where no evidence of nonconforming materials and/or workmanship is found, will be invoiced to the Buyer at Parkson's current per diem, plus all travel and living expenses. Onsite labor and freight are not covered by this Warranty. This Warranty does not cover normal wear and tear. Following a Warranty claim, verification of proper operation and maintenance is required. Physical damage due to external forces and/or accident is not covered by this Warranty. The effects of corrosion and unforeseeable influent characteristics are excluded from this Warranty. Actions by 3r' parties in causing nonconformity of the Equipment are not covered under this Warranty. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES OF ANY KIND WHATSOEVER, WRITTEN, ORAL OR IMPLIED; ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. XVII. INDEMNIFICATION: Buyer shall comply and require its employees to comply with all instructions given by Parkson regarding installation, use and maintenance of the Equipment sold by Parkson and shall require its employees to use reasonable care and all safety devices in the operation and maintenance of said Equipment. Buyer shall not remove or permit removal or modification of any safety device, warning sign or label. Buyer shall immediately give Parkson written notice of any personal injury or property damage arising out of the use of the Equipment and cooperate with Parkson in investigating any such accident or malfunction. Buyer agrees to indemnify and hold Parkson and its suppliers harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind and nature (including attorney's fees) for personal injury or property damage arising from or in any way connected with the operations, activities or use of the Equipment sold by Parkson if Buyer fails to fulfill any of the foregoing obligations. Buyer agrees to indemnify and hold Parkson and its suppliers harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including attorney's fees) which may be asserted against Parkson and its suppliers by any person relating to any portion of the Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's expense against any suit which may be commenced relating to the foregoing. Buyer agrees to indemnify and hold Parkson and its suppliers harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said Equipment. XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished design, design criteria, or specifications. The parties agree that the foregoing terms and conditions constitute the entire terms and conditions between Buyer and Parkson and that there are no other agreements, terms or conditions, expressed or implied, unless otherwise agreed to in writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the transaction between the Buyer and Parkson. This document may not be modified or superseded other than by an instrument in writing signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs, assignees, legal representatives and the project Owner for the project referenced in the quotation. The invalidity or non -enforceability of any particular provision of this document shall not affect the other provisions hereof, and this document shall be construed in all respects as if such invalid or unenforceable provisions were omitted. EW Date: July 23, 2018 Indian River (South County WWTP) 2500 6th Avenue SW Vero Beach, FL 32962 Attn: Mr. Rich Meckes Subject: Sole Source Letter Subject Products: RDT & Aquaguard° Dear Mr. Meckes, This document is to confirm that Parkson Corporation is the sole source provider for parts for the subject products. Parkson Corporation is the original manufacturer/supplier of the subject products and is the only source for OEM replacement parts. If you have questions regarding this issue, please contact Marty Unger at 954-383-1757. Sincerely, Parkson Corporation 479 S/3.4/203-9 gl 1 4179- 1 ki w Rar 601, in 'Treating Water Right Limited Mechanical Warranty Policy ADDITIONAL BACK-UP AGENDA ITEM 12.G.1 August 14, 2018 Parkson Project # P02011086 For a period of one (1) year following the date of the Equipment start up ("Warranty Period"), Parkson's Equipment is limitedly warranted to be free from defective material and workmanship, under normal use and service and when installed, operated and maintained in accordance with installation instructions, this policy and maintenance/operating procedures. To make claim under this Warranty, Buyer must notify Parkson within ten (10) business days after the date of discovery of any nonconformity and make the affected Equipment immediately available for inspection by Parkson or its -service representative. Parkson Equipment may be deemed nonconforming only by an authorized Parkson representative. Returns will not be accepted unless Parkson has authorized said return in writing. If Parkson's inspection indicates nonconforming materials and/or workmanship, the Equipment will, at Parkson's option, either be repaired or replaced without charge. Upon receipt of Parkson's written consent, Equipment may be promptly returned to Parkson, F.Q.B. its factory. However, under certain circumstances, Parkson may decide, in its sole discretion, to repair or replace the Equipment at the Project site. Buyer hereby agrees to provide Parkson, its employees and/or representatives, free of charge, on-site access to the Project site, and any necessary utilities and plant personnel needed by Parkson for the purpose of repairing and/or replacing nonconforming Equipment per this Warranty. The following will void this Warranty: (A) Equipment is used for purposes other than those for which it was designed; (B) Equipment is not used in accordance with generally approved practices; (C) Disasters, whether natural or manmade, such as fire, flood, wind, earthquake, cave-in, lightning, war, or vandalism; (D) Unauthorized alterations to or modifications of the Equipment not approved by Parkson, in writing; (E) Abuse, neglect or misuse of Equipment, including without limitation, operation of Equipment after a defect is discovered; (F) Operation of Equipment by persons not properly trained for that purpose; (G) Failure to operate the Equipment in accordance with Parkson's specifications, O&M manuals or other written guidelines; and/or (H) Failure to perform regular cleaning, inspection, adjustment and/or preventative maintenance. Notes: (1) Parkson is not liable for any corrective work or expenditure that has not been authorized by Parkson in writing prior to the commencement of such work and prior to committing to such expenditures. (2) Inspection service calls, requested by Buyer, where no evidence of nonconforming materials and/or workmanship is found, will be invoiced to the Buyer at Parkson's current per diem, plus all travel and living expenses. (3) Onsite labor and freight are not covered by this Warranty. (4) This Warranty does not cover normal wear and tear. (5) Following a Warranty claim, verification of proper operation and maintenance is required. (6) Physical damage due to external forces and/or accident is not covered by this Warranty. (7) The effects of corrosion and unforeseeable influent characteristics are excluded from this Warranty. (8) Actions by 31 parties in causing nonconformity of the Equipment are not covered under this Warranty. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES OF ANY KIND WHATSOEVER WRITTEN ORAL OR IMPLIED• ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. PARKSON SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE, OR IMPUTED NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR DAMAGE TO THE EQUIPMENT, PROPERTY DAMAGE, LOSS OF USE, REVENUE OR PROFIT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, ADDITIONAL COSTS INCURRED BY BUYER (FOR CORRECTION OR OTHERWISE) OR ANY OTHER INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE OR INABILITY TO USE THE EQUIPMENT. This exclusion applies even if the Warranty fails of its essential purpose and regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory. This document constitutes the sole Warranty in its entirety and no other provisions express or implied exist. Any modification of this Warranty must be in writing and signed by an authorized representative of Parkson. An adjustment made per this Warranty does not void the Warranty, nor does it imply an extension of the Warranty Period. Equipment repaired during the Warranty Period carries the un -expired portion of this original Warranty only. This Warranty is governed by the laws of the state of Florida. 1 Of 1 CNF -023 Rev B July 22, 2409 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 24, 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 Rich Meckes, Wastewater Superintendent Subject: Lakeside Raptor Unit #1 and #2 Refurbishment and Request for Sole Source BACKGROUND/ ANALYSIS: The Indian River County Department of Utility Services (IRCDUS) owns and operates the Florida Department of Environmental Protection (FDEP) permitted Residuals Dewatering Facility (RDF) located at the landfill. The existing receiving/screening units where authorized haulers empty their septage and grease pump outs into the Lakeside Raptor Complete Plant Septage Receiving Units #1 and #2 need refurbishment. On February 10, 2009, the Board of County Commissioners (BCC) authorized the direct purchase of two Lakeside Raptor Septage receivers as part of the construction of the RDF for a total cost of $371,640.00. Lakeside, the manufacturer, provided the units, but the installation was completed under a construction agreement with Summit Construction Management. Since the opening of the RDF in March 2010, the units have received and treated over 95 million gallons of septage and grease from local households and businesses. The Raptor units receive daily maintenance, are rugged and dependable, but the units are now in need of refurbishment for continued reliable service. The Raptor units are a critical component of the RDF used to remove debris, grit and sand from the incoming residential septic tank waste that is delivered by local septage hauling companies. The useful life span of 7- 10 years is expected for this equipment. This is a sole source item as the process equipment is designed and engineered for the size and shape of the stainless-steel housing tanks at the RDF and to match existing electrical service requirements. FUNDING: The 2017-2018 Renewal and Replacement (R&R) Operating approved budget included $250,000.00 for RDF equipment rehabilitation. Since there is a significant lead time needed for these items, it is likely that the equipment will not be received before the end of Fiscal Year (FY) 2017-2018. Therefore, staff requests that the $250,000 from FY 2017-2018 be rolled into FY 2018-2019. The $177,889 remaining funds will come from the FY 2018-2019 R&R budget, if approved as presented. C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@2826FC20\@BCL@2826FC20.doc Page 1 of 400 Funds for this project are derived from the Operating fund. Operating funds are generated from water and sewer sales. Description Account Number Amount RDF Refurbishment FY 2017-2018 47123536-044699-18527 $250,000 RDF Refurbishment FY 2018-2019 47123536-044699-18527 $177,889 Total $427,889 RECOMMENDATION: The staff of Indian River County Department of Utility Services (IRCDUS) recommends that the Board of County Commissioners (BCC): • Approve Lakeside Equipment Corporation as the sole source vendor for Lakeside Equipment for this purchase and any future needs for repair of the county's Lakeside equipment. • Approve the rollover of the $250,000 allocated in the 2017-2018 Renewal and Replacement (R&R) Operating budget to the 2018-2019 R&R Operating budget, if approved as presented, to complete the project as described in the Lakeside Quote dated 6-20-18 for a total amount of $427,889. • Authorize the Purchasing Division to issue purchase order(s) as needed. • Authorize the Purchasing Manager to sign the quotation acceptance form only after County attorney review and approval. ATTACHMENTS: 1. Lakeside Equipment Corporation Quote 2. Sole Source Letter, Lakeside Equipment Corporation 3. Lakeside Quote Extension letter C:\Users\Legistar\Appdata\Local\Temp\BCL Tech nologies\Easypdf 8\@BCL@2826FC20\@BCL@2826FC20.Doc 481 LAKESIDE Water Purification Since 1928 DATE: June 20, 2018 TO: Indian River County Utilities ATTENTION: Richard Meckes Superintendent Wastewater Treatment Department of Utility Services 1022 E. Devon Avenue I P.O. Box 8448 1 Bartlett, IL 60103 T: 630-837-5640 1 F: 630-837-5647 1 E: sales@lakeside-equipment.com www.lakeside-equipment.com SUBJECT: Indian River County Biosolids Dewatering Facility Lakeside Raptor@ Septage Complete Plant Rehabilitation Dear Mr. Meckes: The employees of Lakeside Equipment Corporation are happy to hear the unique Raptor@ Septage Complete Plants continue to serve the needs of Indian River County for these many years in such a demanding application. We are pleased to offer this quotation for the rehabilitation of the two (2) systems, based on the replacement needs you have expressed to our district representative, Mr. Fred Trippensee. We propose to provide the following: REHABILITATION OF LAKESIDE RAPTOR@ SEPTAGE COMPLETE PLANT #1 The Raptor Septage Complete Plant #1 will be purged of debris, placed in a lockout/tagout safe condition. Remaining liquid and solids will be removed and the unit pressure washed. The unit will then be disconnected from the inlet and out piping, disassembled as needed and transported to an offsite nearby facility for rehabilitation. • Once the Raptor Septage Complete Plant #1 has been removed from the site, the remaining pit area will be pressure washed and cleaned of remaining debris. The following work will take place with Raptor Septage Complete Plant #1 • One (1) new Raptor Fine Screen Model 31FS-0.25 Type 316 stainless steel will be installed in existing Raptor Septage Complete Plant #1. • Install one (1) replacement Type 316 stainless steel grit dewatering screw complete with drive assembly, tail bearing, and intermediate bearings. • Install one (1) replacement Type 316 stainless steel horizontal grit transfer screw complete with drive assembly, tail bearing, and intermediate liner. 482 • Install ten (10) replacement air diffusers. • Install two (2) replacement stainless steel gas cylinder lifting supports for tank lid. • Install one (1) replacement Keller brand water filter. • Existing Raptor Fine Screen Model 31 FS -0.25 (from existing Raptor Septage Complete Plant #1) will be cleaned and shipped back to factory for inspection and overhaul. This unit will then be shipped back for use in existing Raptor Septage Complete Plant #2. • Reinstallation of Raptor Septage Complete Plant #1 will take place prior to beginning of work on unit #2. REHABILITATION OF LAKESIDE RAPTOR® SEPTAGE COMPLETE PLANT #2 The Raptor Septage Complete Plant #2 will be purged of debris, placed in a lockout/tagout safe condition. Remaining liquid and solids will be removed and the unit pressure washed. The unit will then be disconnected from the inlet and out piping, disassembled as needed and transported to an offsite nearby facility for rehabilitation. • Once the Raptor Septage Complete Plant #2 has been removed from the site, the remaining pit area will be pressure washed and cleaned of remaining debris. The following work will take place with Raptor Septage Complete Plant #2 • The overhauled Raptor Fine Screen Model 31FS-0.25 from Raptor Septage Complete Plant #1 will be installed in existing Raptor Septage Complete Plant #2. • Install one (1) replacement Type 316 stainless steel grit dewatering screw complete with drive assembly, tail bearing, and intermediate bearings. • Install one (1) replacement Type 316 stainless steel horizontal grit transfer screw complete with drive assembly, tail bearing, and intermediate liner. • Install ten (10) replacement air diffusers. • Install two (2) replacement stainless steel gas cylinder lifting supports for tank lid. • Install one (1) replacement Keller brand water filter. • Reinstallation of Raptor Septage Complete Plant #2. Existing Raptor Fine Screen Model 31FS-0.25 (from existing Raptor Septage Complete Plant #2) Existing Raptor Fine Screen Model 31FS-0.25 (from existing Raptor Septage Complete Plant #2) will be cleaned 483 and shipped back to factory for inspection and overhaul. This unit will then be shipped back to Indian River County for use as a spare assembly. NOTE: Per our understanding of your discussion with Fred Trippensee, the existing electrical controls, inlet valves, ultrasonic level sensors, wiring to the equipment, are all in good working condition. These items are not included in Lakeside's current scope of supply. If an item is found not to be in working order during our time on site, our personnel will inform you so you can issue a change order for Lakeside to provide the replacement component or determine your course of action. SHOP PAINTING: Stainless steel parts will not be shop painted. Motors and reducers will receive a shop coat of machinery enamel. SHIPMENT & COORDINATION OF WORK: Shipment of the new replacement component equipment for both Raptor Septage Complete Plants can be made in 16 to 18 weeks after receipt of approved purchase order by our home office. A timeframe soon thereafter would be coordinated between the County and Lakeside for commencement of the rehabilitation work on Raptor Septage Complete Plant #1 and #2. PROPOSAL PRICE: Includes service and equipment as stated above. Lakeside Rehabilitation of Two (2) Raptor® Septage Complete Plants ............................................... $427,889 PRICE FIRM: For thirty (30) days from June 22, 2018. Due to the existing environment of the price increases in steel and the volatility of those prices that exist today, the price shown above is a price based on the present day cost of materials. If an order is received after the 30 daytime period, Lakeside reserves the right to adjust the pricing to match the cost of materials at the time the order is received. PAYMENT TERMS: The terms of payment are: 50% of the gross amount upon reinstallation of unit #1. 50% of the gross amount upon reinstallation of unit #2. Your payment to us will not be dependent or contingent upon receipt of payment by you or any other parties. Overdue accounts will be charged 2.0% interest per month. All legal fees or other charges encountered to collect overdue accounts, including service charges, are to be paid for by the purchaser. CONDITIONS OF SALE (GIL 91): ACCEPTANCE: This quotation is void at our option unless a purchase order is placed with us within sixty (60) days from date of written proposal. The order will be subject to written acceptance by our company's executive office. We will not be bound by any Terms and Conditions of the prime Contract not specifically included herein. 0• TAXES & OTHER CHARGES: Unless otherwise indicated, no Sales, Use, Retailers' Occupation, Service Occupation, Service Use, or similar taxes or custom duties, import fees and similar charges, have been included in our prices. The amount of any such taxes or charges which are paid or assessed in connection with this order and which are not specifically stated as being included in the purchase price, shall be paid by you, either directly to the appropriate authorities (in which event you shall furnish us with satisfactory evidence of such payments) or to us if we have paid, or are required to pay, such taxes or charges. If you are tax exempt on this job, you will need to supply us with your exemption certificate. You agree to reimburse our company for taxes we must pay on your behalf. You are responsible for obtaining permits in connection with the sale or installation of our equipment. WARRANTY: Lakeside Equipment Corporation ("Lakeside") warrants to Buyer that equipment sold hereunder, of its manufacture, is free from defect in material and workmanship, and is of the kind and quality designated or described herein. This warranty shall run to Buyer and, if applicable, such entity specifically identified in the Primary Contract only, but not to their employees, representatives, agents, customers, assignees, etc., and applies to those technical portions of the Engineer's Specifications only to the extent that they are referred to herein. This warranty shall be in full force and effect at the time of shipment of such equipment for a period of one (1) year from the date of shipment. Lakeside will furnish without charge, but will not install, replacements for such parts as it finds to have been defective. The obligation of Lakeside to replace such defective parts shall be the exclusive remedy hereunder. Buyer must give Lakeside notice in writing of any alleged defect covered by this warranty within thirty (30) days of the discovery of such defect during the warranty period. No claim more than thirty (30) days after the warranty period shall be valid. The warranty extends to replaced parts of Lakeside's manufacture for ninety (90) days or the remainder of the original warranty period applicable to the parts being replaced. This warranty shall not apply to: A. Any equipment which has been subjected to misuse, neglect, or accident; B. Any equipment which has been altered, tampered with, or upon which corrective work has been done thereon without Lakeside's specific written consent; C. Any equipment which has been operated or maintained in a manner which in any way deviates from the maintenance schedules, specifications, and parameters set forth in Lakeside's Operator's Manual for such equipment. D. Fuses, lights or other standard wear items. E. Electrical damage due to overvoltage conditions. F. Damage to machine or components due to lack of implementing the Recommendations on Short-term and Long-term Storage of Equipment guidelines. No allowances will be made for any such alterations or corrective work done without the specific written consent of Lakeside. Conditions caused by improper lubrication, deterioration by chemical action, and wear caused by the presence of abrasive materials, do not constitute defects. Equipment manufactured by others, and included in Lakeside's proposal, is not warranted in any way by Lakeside but carries only that manufacturer's warranty, if any. No representative of Lakeside's has any authority to waive, alter, vary, or add to the items hereof without prior written approval. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES OF QUALITY, WRITTEN, ORAL OR IMPLIED; ALL OTHER WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. SECURITY INTEREST: Until all amounts due hereunder have been paid in full, Seller has a security interest in the equipment and has all rights of a secured party under the Uniform Commercial Code including, without limitation, the right to take possession of the equipment without legal process and the right to require Buyer to assemble the equipment and make it available to Seller at a place reasonably convenient to both parties. At Seller's request, Buyer shall execute any financing statement or statements submitted by Seller in order that Seller's security interest in the equipment may be perfected. DELAYS: We shall not be liable for delay in delivery caused by any reason beyond our control, including but not limited to your delay in promptly submitting all information necessary for us to proceed with the work, your delay in approval of drawings, acts of God, casualty, civil disturbance, labor disputes, strikes, transportation, supply difficulties, 'any interruption of our facilities, or any of the governmental authorities. The time for delivery specified herein shall be extended during the continuance of such conditions and for a reasonable time thereafter. 485 LIABILITY: It is expressly understood that our liability, including that for negligence, for our products is limited to the furnishing of such replacement parts, and that we will not be liable for any other expense, injury, loss or damage, whether direct or consequential, including but not limited to loss of profits, production, increased cost of operation, or spoilage of material, arising in connection with the resale or use of, or inability to use, our equipment or products for any purpose except as herein provided. LIQUIDATED DAMAGES: If awarded this contract, we will diligently prosecute the engineering and fabrication of the proposed equipment; however, we are unable to accept any liquidated damages or penalty clauses for failure to complete shipment as designated in this proposal. CANCELLATION: Cancellation or suspension of a contract will be accepted only upon terms that will indemnify Lakeside Equipment Corporation against loss. You agree to reimburse our company for our costs incurred in such cancellation, including overhead and administrative costs. Our company may cancel the order prior to or at the time of receiving the final approved drawings if our company deems itself insecure, or determines that it is commercially unreasonable for us to proceed. CONTRACT: We both agree that this contract contains the complete and final agreement between us and may not be modified, supplemented, explained, or waived by oral evidence, your purchase order, course of dealing, or in any other way, except where made in writing and signed by you and our company's authorized officer. ARBITRATION: Any controversy or claim arising out of or relating to this transaction shall be settled in Chicago by arbitration in accordance with the Rules of the American Arbitration Association, and judgement upon the award rendered by the Arbitrator may be entered in any court having jurisdiction hereof. CONFIDENTIAL INFORMATION: All information and data herein furnished to Buyer hereunder, relating to price, size, type and design is submitted with the understanding that it is for the Buyer's own confidential use and is not to be shown or otherwise made known or available to any third party at any time without Seller's written consent. Our Representative, Mr. Fred Trippensee, will be available to discuss this offering and assist you throughout this project. Submitted by: LAKESIDE EQUIPMENT CORPORATION Steven G. Eckstein President QUOTATION ACCEPTED BY: Sign as Agent for Purchaser Print Name Title Company Date �LAKESIDE 000-0, Water Purification Since 1928 DATE: July 16, 2018 1022 E. Devon Avenue I P.O. Box 8448 1 Bartlett, IL 60103 T: 630-837-5640 1 F: 630-837-5647 1 E: sales@lakeside-equipment.com www.lakeside-equipment.com TO: Indian River County Utilities ATTENTION: Richard Meckes Superintendent Wastewater Treatment Department of Utility Services SUBJECT: Indian River County Biosolids Dewatering Facility REPLACEMENT Lakeside Raptor® Septage Complete Plant Equipment Lakeside Raptor® Septage Complete Plant Rehabilitation Parts Dear Mr. Meckes: The Lakeside Raptor® Septage Complete Plant equipment is unique. New and Replacement Raptor® Septage Complete Plant equipment and/or its replacement parts are only sold through Lakeside Equipment Corporation or our District Representative, Trippensee and Company. Lakeside Equipment Corporation and Trippensee and Company appreciate our long standing owner/supplier relationship with Indian River County Utilities. Regards, Steven G. Eckstein President 487 LAKESIDE Water Purification Since 7328 DATE: . July 10, 2018 TO: Indian River County Utilities 1022 E. Devon Avenue I P.O. Box 8448 1 Bartlett, IL 60103 T: 630-837-5640 1 F: 630-837-5647 1 E: sales@lakeside-equipment.com www.lakeside-equipment.com ATTENTION: Richard Meckes Superintendent Wastewater Treatment Department of Utility Services SUBJECT: Indian River County Biosolids Dewatering Facility Lakeside Raptor® Septage Complete Plant Rehabilitation Dear Mr. Meckes: As requested, Lakeside Equipment Corporation will extend the validity of our quotation of June 20, 2018 for an additional 90 days beyond the listed date of July 22, 2018. Regards, Steven G. Eckstein President cc: Trippensee and Company EM INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES /, 4 ,1 Date: July 27, 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 Richard Meckes, Wastewater Superintendent, Utility Services Subject: Sole Source for West Regional Wastewater Treatment Facility HACH NITRATAX Meters BACKGROUND/ ANALYSIS: On April 11, 2017, the Indian River County Board of County Commissioners (BCC) approved the Florida Department of Environmental Protection (FDEP) Consent Order 17-0072 for the West Regional Wastewater Treatment Facility (WRWWTF). The WRWWTF is operating under intense scrutiny by the FDEP for two years from that date, facing potential financial penalties for any exceedances of the permit limits. The Indian River County Department of Utility Services (IRCDUS) obtained the services of EOSI, a wastewater treatment consulting firm, to troubleshoot nutrient reduction rates and efficiencies within the treatment system. EOSI supplied and installed NITRATAX meters to monitor the nitrate and nitrite (NOx-N) levels and trend those levels 24 hours a day. The NOx-N levels are used to analyze and trend certain parameters in real time, to ensure FDEP permit compliance. EOSI is ending the troubleshooting and monitoring phase of the service and has scheduled to remove the meters during September 2018. These meters are very important to the operation of the facility and are vital to ensure that the FDEP permit limits stay in compliance. Without the ability to monitor and trend the NOx-N levels, staff will not know when problems in the treatment system are emerging and may not make changes in a timely manner to avoid a noncompliance event. IRCDUS needs three (3) NITRATAX PLUS SC 2MM meters to monitor the NOx-N levels in several areas of the treatment process. These meters have been proven to be reliable and trouble free. They have already been integrated into the facility's SCADA system as part of EOSI's monitoring, so replacing with the exact same meters will not require re -integration or operator changes that have already been implemented and are providing permit compliance oversight. In addition, our staff is familiar with the operation of the NITRATAX meters so there will not be any reduction in production and a better chance to catch a possible noncompliance event occurring. The ability to profile the NOx-N levels in the treatment process is very helpful with the facility process control. The cost of the NITRATAX meters, system controllers, mounting hardware and associated warranty protection plan is $64,299.78. C:\Users\Legistar\Appdata\Local\Temp\BCL Tech nologies\Easypdf 8\@BCL@AC3F9F83\@BCL@AC3F9F83.Doc Page 1 of489 FUNDING: This would be an operating fund purchase. Although not currently budgeted, the funds would come from IRCDUS Operating Fund Reserves. Operating funds are derived through water and sewer sales. Description Account Number Amount Utilities/Other Equipment 471-166002 $61,401.78 Utilities/Wastewater/Other Professional Services 47121836-033190 $ 2,898.00 Total $64,299.78 RECOMMENDATION: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners approve the purchase of three NITRATAX PLUS SC 2MM meter systems and authorize the Purchasing Division to issue a purchase order to HACH Company for $64,299.78. ATTACHMENTS: 1. HACH Company Quote No. 100327052v3 2. Sole Source Letter, HACH Company C:\Users\Legistar\Appdata\Local\Temp\BCL Tech nologies\Easypdf 8\@BCL@AC3F9F83\@BCL@AC3F9F83.Doc 490 H�o Quote Number: 1003270520 Use quote number at time of order to ensure that you receive prices quoted Quote Date: 01 -Aug -2018 INDIAN RIVER CNTY UTILITES Name: RICH MECKES Phone:7722263423 Email: rmeckes@ircgov.com Quote Expiration: 01 -Oct -2018 PRICING QUOTATION Quotation Hach PO Box 608 Loveland, CO 80539-0608 Phone: (800)227-4224 Email: quotes@hach.com Website: www.hach.com TERMS OF SALE Freight: Ground Prepay and Add FCA: Hach's facility All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms & Conditions of Sale ("Hach TCS"), incorporated herein by reference and published on Hach Company's website at www.hach.com/terms. Hach TCS are contained directly and/or by reference in Hach's offer, order acknowledgment, and invoice documents. The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale "Contract" in accordance with the Hach TCS: (i) Buyer's issuance of a purchase order document against Hach's offer; (ii) acknowledgement of Buyer's order by Hach; or (iii) commencement of any performance by Hach pursuant to Buyer's order. Provisions contained in Buyer's purchase documents (including electronic commerce interfaces) that materially alter, add to or subtract from the provisions of the Hach TCS are not part of the Contract. Due to International regulations, a U.S. Department of Commerce Export License may be required. Hach reserves the right to approve specific shipping agents. Wooden boxes suitable for ocean shipment are extra. Specify final destination to ensure proper documentation and packing suitable for International transport. In addition, Hach may require : t). A statement of intended end-use; 2).Certificalion that the intended end-use does not relate to proliferation of weapons of mass destruction (prohibited nuclear end use, chemical / biological weapons, missile technology); and 3). Certification that the goods will not be diverted contrary to U.S. law. ORDERTERMS: Terms are Subject to Credit Review Please reference the quotation number on your purchase order. Sales tax is not included. Applicable sales tax will be added to the invoice based on the U.S. destination, if applicable provide a resale/exemption certificate. Shipments will be prepaid and added to invoices unless otherwise specified. Equipment quoted operates with standard U.S. supply voltage. Hach standard terms and conditions apply to all sales. Additional terms and conditions apply to orders for service partnerships. Prices do not include delivery of product. Reference attached Freight Charge Schedule and Collect Handling Fees. Standard lead time is 30 days. This Quote is good for a one time purchase. Page 1 of 2 .- - .Olin 1 LXV417.99.20002 db NITRATAX PLUS SC 2MM. Standard lead time 10 days. 3 WarrantyPlus Service Agreement includes: Instrument start-up, all parts, labor, and travel for on-site repairs, 1 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. On-site response 2 WRTUPGNITRATAX for "down" instrument repairs is typically 3 business days. Standard business hours are Sam- 3 5pm M -F local time, excluding holidays. Please see service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. 3 LZY714.99.53120 Pole mounting hardware Solids, 10cm bracket, SS pole 2m. Standard lead time 10 days. 3 4 LXV404.99.00552 isc2OO CONTROLLER, AC -DC, 2 DIG, HACH. Standard lead time 10 days. 3 .. .� W TERMS OF SALE Freight: Ground Prepay and Add FCA: Hach's facility All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms & Conditions of Sale ("Hach TCS"), incorporated herein by reference and published on Hach Company's website at www.hach.com/terms. Hach TCS are contained directly and/or by reference in Hach's offer, order acknowledgment, and invoice documents. The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale "Contract" in accordance with the Hach TCS: (i) Buyer's issuance of a purchase order document against Hach's offer; (ii) acknowledgement of Buyer's order by Hach; or (iii) commencement of any performance by Hach pursuant to Buyer's order. Provisions contained in Buyer's purchase documents (including electronic commerce interfaces) that materially alter, add to or subtract from the provisions of the Hach TCS are not part of the Contract. Due to International regulations, a U.S. Department of Commerce Export License may be required. Hach reserves the right to approve specific shipping agents. Wooden boxes suitable for ocean shipment are extra. Specify final destination to ensure proper documentation and packing suitable for International transport. In addition, Hach may require : t). A statement of intended end-use; 2).Certificalion that the intended end-use does not relate to proliferation of weapons of mass destruction (prohibited nuclear end use, chemical / biological weapons, missile technology); and 3). Certification that the goods will not be diverted contrary to U.S. law. ORDERTERMS: Terms are Subject to Credit Review Please reference the quotation number on your purchase order. Sales tax is not included. Applicable sales tax will be added to the invoice based on the U.S. destination, if applicable provide a resale/exemption certificate. Shipments will be prepaid and added to invoices unless otherwise specified. Equipment quoted operates with standard U.S. supply voltage. Hach standard terms and conditions apply to all sales. Additional terms and conditions apply to orders for service partnerships. Prices do not include delivery of product. Reference attached Freight Charge Schedule and Collect Handling Fees. Standard lead time is 30 days. This Quote is good for a one time purchase. Page 1 of 2 492 Page 2 of 2 Be Right"" Quotation Addendum HACH COMPANY Headquarters P.O. Box 389 5600 Lindbergh Drive Loveland, CO 80539-0389 Purchase Orders PO Box 608 Loveland, CO 80539-0608 WebSite: www.hach.com ADVANTAGES OF WORKING WITH HACH U.S.A. Phone: 800-227-4224 Fax: 970-669-2932 E -Mail: orders@hach.com quotes@hach.com techhelp@hach.com Export Phone: 970-669-3050 Fax: 970-461-3939 Email: intl@hach.com Remittance 2207 Collections Center Drive Chicago, IL 60693 Wire Transfers Bank of America 231 S. LaSalle St. Chicago, IL 60604 Account: 8765602385 Routing (ABA): 071000039 Technical Support S/RR Delivery Program Hach ServicePlus® Programs Provides post -sale instrumentation and The Scheduled Inventory Reagent Instrument Protection and Service application support Replacement (SIRR) Program offers an ✓ Savings of more than 20% versus a ✓ Hach's highly skilled Technical uninterrupted supply of reagents .pay as you go" approach Support staff is dedicated to helping ✓ Lower inventory costs and fresh supplies ✓ Freedom from maintenance you resolve technical issues before, ✓ Reduced paperwork - one purchase ✓ Worry -free compliance with Hach's during and after the sale. order for the entire year certification ✓ Available via phone, e-mail, or live ✓ Automatic shipments on your schedule ✓ Fixed maintenance budget for the online chat at Hach.coml ✓ Easier budgeting entire year ✓ Toll-free phone: 800-227-4224 $114.40 $227.51 ✓ E-mail: techhelp@hach.com $276.92 $650.00 - $949.99 www.Hach.com www.Hach.com/sirr www.hach.com/service-contracts ADVANTAGES OF SIMPLIFIED SHIPPING AND HANDLING Safe & Fast Delivery Save Time - Less Hassle Save Money ✓ Receive tracking numbers on your ✓ No need to set up deliveries for orders or ✓ No additional invoice to process - order acknowledgement to schedule pickup save on time and administrative ✓ Hach will assist with claims if an order ✓ Hach ships order as product is available, costs is lost or damaged in shipment at no additional charge, when simplified ✓ Only pay shipping once, even if $17.79 shipping and handling is used. multiple shipments are required STANDARD SIMPLIFIED SHIPPING AND HANDLING CHARGES 1, 2,3 Pricing Effective 1/6/2018 Total Price of Merchandise Ordered Standard Surface Mainland USA ( ) Second Day Delivery Mainland USA ( ) Next Day Delivery (Mainland USA) Second Day Delivery (Alaska &Hawaii) Next Day Delivery (Alaska &Hawaii) $0.00 - $49.99 $11.99 $29.99 $54.99 $47.20 $89.72 $50.00 - $149.99 $17.79 $52.45 $98.97 $75.22 $143.00 $150.00 - $349.99 $31.27 $83.40 $169.88 $105.24 $204.81 $350.00 - $649.99 $43.75 $114.40 $227.51 $143.01 $276.92 $650.00 - $949.99 $55.41 $120.12 $251.36 $148.73 $280.35 $950.00 - $1,999.99 $69.71 $148.22 $313.40 $176.38 $341.29 $2,000.00 - $3,999.99 $80.08 $158.56 $321.13 $182.35 $346.83 $4,000.00 - $5,999.99 $92.84 $162.82 $336.64 $183.19 $356.84 $6,000.00 - $7,999.99 $109.70 $185.39 $383.30 $202.07 $389.57 $8,000.00 - $9,999.99 $125.78 $211.68 $413.64 $226.50 $429.56 Over $10,000 2%of Net Order Value 4% of Net Order Value 6% of Net Order Value 4% of Net Or Value 6% of Net Order Value Collect 4 Handling Fee Effective 1/6/2018 $8.38 $8.62 $9.16 $9.64 $9.98 $10.89 $12.59 $15.50 $18.08 $20.86 $31.95 1 Shipping & Handling charges shown are only applicable to orders billing and shipping to U.S. destinations. Shipping & Handling charges will be prepaid and added to invoice. Shipping & Handling for the Reagent Delivery Program is charged on each shipment release and is based on the total price of each shipment release. Shipping & Handling charges are subject to change without notice. 2 Additional Shipping & Handling charges will be applied to orders containing bulky and/or especially heavy orders. Refrigerated and all weather Samplers do not qualify for simplified Shipping & Handling charges, and are considered heavy products. Dissolved Oxygen Sensors can be damaged if exposed to temps below freezing, causing sensor failure. Must be shipped over night or 2nd day air during the cold weather months. 3 Orders shipping to Alaska or Hawaii: Additional Shipping & Handling charges may be applied at time of order processing. Second Day and Next Day delivery is not available to all destinations. 4 Hach Company will assess a collect handling fee on orders with collect shipping terms. This handling fee covers the additional costs that Hach Company incurs from processing and managing collect shipments. SALES TAX Sales Tax is not included in the attached quotation. Applicable sales and usage taxes will be added to your invoice, at the of order, based on U.S. destination of goods, unless a valid resale/exemption certificate for destination state is provided tot a above address or fax number, attention of the Tax Dept. HACH COMPANY 1 5600 Lindbergh Drive I PO Box 389 ( Loveland. Colorado 80539 1 P 970 669 3050 j F 970,669 2932 1 hach corn TERMS & CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms & Conditions of Sale for goods manufactured and/or supplied, and services provided, by Hach Company of Loveland, Colorado ("Hach") and sold to the original purchaser thereof ("Buyer"). Unless otherwise specifically stated herein, the term "Hach" includes only Hach Company and none of its affiliates. Unless otherwise specifically stated in a previously -executed written purchase agreement signed by authorized representatives of Hach and Buyer, these Terms & Conditions of Sale establish the rights, obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services ("Products"). 1. APPLICABLE TERMS & CONDITIONS: These Terms & Conditions of Sale are contained directly and/or by reference in Hach's offer, order acknowledgment, and invoice documents. The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale ("Contract") in accordance with these Terms & Conditions: (i) Buyer's issuance of a purchase order document against Hach's offer; (ii) acknowledgement of Buyer's order by Hach; or (iii) commencement of any performance by Hach pursuant to Buyers order. Provisions contained in Buyer's purchase documents (including electronic commerce interfaces) that materially alter, add to or subtract from the provisions of these Terms & Conditions of Sale are not a part of the Contract. 2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling, inspection, restocking, freight and invoicing charges as applicable, provided that Buyer returns such goods to Hach at Buyer's expense within 30 days of delivery and in the same condition as received. Buyer may cancel service orders on ninety (90) day's prior written notice and refunds will be prorated based on the duration of the service plan. Inspections and re- instatement fees may apply upon cancellation or expiration of service programs. Seller may cancel all or part of any order prior to delivery without liability if the order includes any Products that Seller determines may not comply with export, safety, local certification, or other applicable compliance requirements. 3. DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames, Iowa or Loveland, Colorado, United States (Incoterms 2010). For orders having a final destination within the U.S., legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier. For orders having a final destination outside the U.S., legal title and risk of loss or damage pass to Buyer when the Products enter international waters or airspace or cross an international frontier. Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or, if no time is specified, within Hach's normal lead-time necessary for Hach to deliver the Products sold hereunder. Upon prior agreement with Buyer and for an additional charge, Hach will deliver the Products on an expedited basis. Standard service delivery hours are 8 am — 5 pm Monday through Friday, excluding holidays. 4. INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products. In the event the Products do not conform to any applicable specifications, Buyer will promptly notify Hach of such nonconformance in writing. Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option. Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty (30) days of delivery. 5. PRICES & ORDER SIZES: All prices are in U.S. dollars and are based on delivery as stated above. Prices do not include any charges for services such as insurance; brokerage fees; sales, use, inventory or excise taxes; import or export duties; special financing fees; VAT, income or royalty taxes imposed outside the U.S.; consular fees; special permits or licenses; or other charges imposed upon the production, sale, distribution, or delivery of Products. Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates, which obligation survives performance under this Contract. Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made in U.S. dollars. For Internet orders, the purchase price is due at the time and manner set forth at www.hach.com. Invoices for all other orders are due and payable NET 30 DAYS from date of the invoice without regard to delays for inspection or transportation, with payments to be made by check to Hach at the above address or by wire transfer to the account stated on the front of Hach's invoice, or for customers with no established credit, Hach may require cash or credit card payment in advance of delivery. In the event payments are not made or not made in a timely manner, Hach may, in addition to all other remedies provided at law, either: (a) declare Buyer's performance in breach and terminate this Contract for default; (b) withhold future shipments until delinquent payments are made; (c) deliver future shipments on a cash -with -order or cash -in -advance basis even after the delinquency is cured; (d) charge interest on the delinquency at a rate of 1-1/2% per month or the maximum rate permitted by law, if lower, for each month or part thereof of delinquency in payment plus applicable storage charges and/or inventory carrying charges; (e) repossess the Products for which payment has not been made; (f) recover all costs of collection including reasonable attorney's fees; or (g) combine any of the above rights and remedies as is practicable and permitted by law. Buyer is prohibited from setting off any and all monies owed under this from any other sums, whether liquidated or not, that are or may be due Buyer, which arise out of a different transaction with Hach or any of its affiliates. Should Buyer's financial responsibility become unsatisfactory to Hach in its reasonable discretion, Hach may require cash payment or other security. If Buyer fails to meet these requirements, Hach may treat such failure as reasonable grounds for repudiation of this Contract, in which case reasonable cancellation charges shall be due Hach. Buyer grants Hach a security interest in the Products to secure payment in full, which payment releases the security interest but only if such payments could not be considered an avoidable transfer under the U.S. Bankruptcy Code or other applicable laws. Buyer's insolvency, bankruptcy, assignment for the benefit of creditors, or dissolution or termination of the existence of Buyer, constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C., as well as the remedies stated above for late payment or non-payment. See 422 for further wire transfer requirements. 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will, when used in accordance with the manufacturer's operating and maintenance instructions, conform to any express written warranty pertaining to the specific goods purchased, which for most Hach instruments is for a period of twelve (12) months from delivery. Hach warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety (90) days from the completion of the services. Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts. Any non-functioning parts that are repaired by Hach shall become the property of Hach. No warranties are extended to consumable items such as, without limitation, reagents, batteries, mercury cells, and light bulbs. All other guarantees, warranties, conditions and representations, either express or implied, whether arising under any statute, law, commercial usage or otherwise, including implied warranties of merchantability and fitness for a particular purpose, are hereby excluded. The sole remedy for Products not meeting this Limited Warranty is replacement, credit or refund of the purchase price. This remedy will not be deemed to have failed of its essential purpose so long as Hach is willing to provide such replacement, credit or refund. 8. INDEMNIFICATION: Indemnification applies to a party and to such party's successors -in -interest, assignees, affiliates, directors, officers, and employees ("Indemnified Parties"). Hach is responsible for and will defend, indemnify and hold harmless the Buyer Indemnified Parties against all losses, claims, expenses or damages which may result from accident, injury, damage, or death due to Hach's breach of the Limited Warranty. This indemnification is provided on the condition that the Buyer is likewise responsible for and will defend, indemnify and hold harmless the Hach Indemnified Parties against all losses, claims, expenses or damages which may result from accident, injury, damage, or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privity with Buyer. 9. PATENT PROTECTION: Subject to all limitations of liability provided herein, Hach will, with respect to any Products of Hach's design or manufacture, indemnify Buyer from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. patent (or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.) that has issued as of the delivery date, solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses incurred by Buyer in defense of such suit if Hach does not undertake the defense thereof, provided that Buyer promptly notifies Hach of such suit and offers Hach either (i) full and exclusive control of the defense of such suit when Products of Hach only are involved, or (ii) the right to participate in the defense of such suit when products other than those of Hach are also involved. Hach's warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by Hach's specifications. In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined, Hach will, at its own expense and at its option, either procure for Buyer the right to continue using such Products or replace them with non -infringing products, or modify them so they become non -infringing, or remove the Products and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of Hach for patent infringement by the Products. Further, to the same extent as set forth in Hach's above obligation to Buyer, Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to (x) any goods manufactured to the Buyers design, (y) services provided in accordance with the Buyer's instructions, or (z) Hach's Products when used in combination with any other devices, parts or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products, including without limitation the serial numbers or trademarks on nameplates or cast, molded or machined components. 11. SOFTWARE. All licenses to Hach's separately -provided software products are subject to the separate software license agreement(s) accompanying the software media. In the absence of such terms and for all other software, Hach grants Buyer only a personal, non-exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products. A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed. Buyer agrees that it will be bound by any and all such license agreements. Title to software remains with the applicable licensor(s). 12. PROPRIETARY INFORMATION; PRIVACY: "Proprietary Information" means any information, technical data or know-how in whatever form, whether documented, contained in machine readable or physical components, mask works or artwork, or otherwise, which Hach considers proprietary, including but not limited to service and maintenance manuals. Buyer and its customers, employees and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Hach and will not transfer or disclose it without Hach's prior written consent, or use it for the manufacture, procurement, servicing or calibration of Products or any similar products, or cause such products to be manufactured, serviced or calibrated by or procured from any other source, or reproduce or otherwise appropriate it. All such Proprietary Information remains Hach's property. No right or license is granted to Buyer or its customers, employees or agents, expressly or by implication, with respect to the Proprietary Information or any patent right or other proprietary right of Hach, except for the limited use licenses implied by law. Hach will manage Customer's information and personal data in accordance with its Privacy Policy, located at http://www.hach.com/privacypolicy. 13. CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to Products ordered by Buyer unless agreed upon in writing before the Products' delivery date. Services which must be performed as a result of any of the following conditions are subject to additional charges for labor, travel and parts: (a) equipment alterations not authorized in writing by Hach; (b) damage resulting from improper use or handling, accident, neglect, power surge, or operation in an environment or manner in which the instrument is not designed to operate or is not in accordance with Hach's operating manuals; (c) the use of parts or accessories not provided by Hach; (d) damage resulting from acts of war, terrorism or nature; (e) services outside standard business hours; (f) site prework not complete per proposal; or (g) any repairs required to ensure equipment meets manufacturers specifications upon activation of a service agreement. 14. SITE ACCESS / PREPARATION / WORKER SAFETY / ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach, Buyer agrees to permit prompt access to equipment. Buyer assumes full responsibility to back-up or otherwise protect its data against loss, damage or destruction before services are performed. Buyer is the operator and in full control of its premises, including those areas where Hach employees or contractors are performing service, repair and maintenance activities. Buyer will ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of services. Buyer is the generator of any resulting wastes, including without limitation hazardous wastes. Buyer is solely responsible to arrange for the disposal of any wastes at its own expense. Buyer will, at its own expense, provide Hach employees and contractors working on Buyer's premises with all information and training required under applicable safety compliance regulations and Buyer's policies. If the instrument to be serviced is in a Confined Space, as that term is defined under OSHA regulations, Buyer is solely responsible to make it available to be serviced in an unconfined space. Hach service technicians will not work in Confined Spaces. In the event that a Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer, Buyer will pay Hach the standard hourly rate and expense reimbursement for such training attended. The attendance at or completion of such training does not create or expand any warranty or obligation of Hach and does not serve to alter, amend, limit or supersede any part of this Contract. 15. LIMITATIONS ON USE; RELATIONSHIP OF PARTIES: Buyer will not use any Products for any purpose other than those identified in Hach's catalogs and literature as intended uses. Unless Hach has advised the Buyer in writing, in no event will Buyer use any Products in drugs, food additives, food or cosmetics, or medical applications for humans or animals. In no event will Buyer use in any application any Product that requires FDA 510(k) clearance unless and only to the extent the Product has such clearance. Any warranty granted by Hach is void if any goods covered by such warranty are used for any purpose not permitted hereunder. Buyer is not an agent or representative of Hach and will not present itself as such under any circumstances unless and to the extent it has been formally screened by Hach's compliance department and received a separate duly -authorized letter from Hach setting forth the scope and limitations of such authorization. 16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified in this Contract, Buyer is responsible for obtaining any required export or import licenses. Hach represents that all Products delivered hereunder will be produced and supplied in compliance with all applicable laws and regulations. Buyer will comply with all laws and regulations applicable to the installation or use of all Products, including applicable import and export control laws and regulations of the U.S., E.U. and any other country having proper jurisdiction, and will obtain all necessary export licenses in connection with any subsequent export, re-export, transfer and use of all Products and technology delivered hereunder. Buyer will not sell, transfer, export or re-export any Hach Products or technology for use in activities which involve the design, development, production, use or stockpiling of nuclear, chemical or biological weapons or missiles, nor use Hach Products or technology in any facility which engages in activities relating to such weapons. Buyer will comply with all local, national, and other laws of all jurisdictions globally relating to anti -corruption, bribery, extortion, kickbacks, or similar matters which are applicable to Buyers business activities in connection with this Contract, including but not limited to the U.S. Foreign Corrupt Practices Act of 1977, as amended (the "FCPA"). Buyer agrees that no payment of money or provision of anything of value will be offered, promised, paid or transferred, directly or indirectly, by any person or entity, to any government official, government employee, or employee of any company owned in part by a government, political party, political party official, or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for Buyer or for Hach, or which otherwise constitute or have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business or any improper advantage, with respect to any of Buyer's activities related to this Contract. Hach asks Buyer to "Speak Up!" if aware of any violation of law, regulation or our Standards of Conduct ("SOC") in relation to this Contract. See http:/Idanaher.com/integrity-and-compliance and www.danahedntegrity.com for a copy of the SOC and for access to our Helpline portal. 17. FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of, including but not limited to Government embargoes, blockages, seizures or freeze of assets, delays or refusals to grant an export or import license or the suspension or revocation thereof, or any other acts of any Government; fires, floods, severe weather conditions, or any other acts of God; quarantines; labor strikes or lockouts; riots; strife; insurrections; civil disobedience or acts of criminals or terrorists; war; material shortages or delays in deliveries to Hach by third parties. In the event of the existence of any force majeure circumstances, the period of time for delivery, payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay. If the force majeure circumstances extend for six months, Hach may, at its option, terminate this Contract without penalty and without being deemed in default or in breach thereof. 18. NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's prior written consent. Failure of either party to insist upon strict performance of any provision of this Contract, or to exercise any right or privilege contained herein, or the waiver of any breach of the terms or conditions of this Contract will not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same will continue and remain in force and effect as if no waiver had occurred. 19. LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any special, treble, incidental or consequential damages, including without limitation, damage to or loss of property other than for the Products purchased hereunder; damages incurred in installation, repair or replacement; lost profits, revenue or opportunity; loss of use; losses resulting from or related to downtime of the products or inaccurate measurements or reporting; the cost of substitute products; or claims of Buyer's customers for such damages, howsoever caused, and whether based on warranty, contract, and/or tort (including negligence, strict liability or otherwise). The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach's obligations in connection with the design, manufacture, sale, delivery, and/or use of Products will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20. APPLICABLE LAW AND DISPUTE RESOLUTION: The construction, interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the State of Colorado, without regard to its principles or laws regarding conflicts of laws. If any provision of this Contract violates any Federal, State or local statutes or regulations of any countries having jurisdiction of this transaction, or is illegal for any reason, said provision shall be self -deleting without affecting the validity of the remaining provisions. Unless otherwise specifically agreed upon in writing between Hach and Buyer, any dispute relating to this Contract which is not resolved by the parties shall be adjudicated in order of preference by a court of competent jurisdiction (i) in the State of Colorado, U.S.A. if Buyer has minimum contacts with Colorado and the U.S., (ii) elsewhere in the U.S. if Buyer has minimum contacts with the U.S. but not Colorado, or (iii) in a neutral location if Buyer does not have minimum contacts with the United States. 21. ENTIRE AGREEMENT & MODIFICATION: These Terms & Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations, whether oral or written. No change to or modification of these Terms & Conditions shall be binding upon Hach unless in a written instrument specifically referencing that it is amending these Terms & Conditions of Sale and signed by an authorized representative of Hach. Hach rejects any additional or inconsistent Terms & Conditions of Sale offered by Buyer at any time, whether or not such terms or conditions materially alter the Terms & TERMS AND CONDITIONS OF SALE FOR HACH@ PRODUCTS Conditions herein and irrespective of Hach's acceptance of Buyer's order for the described goods and services. Additional Provisions 22. WIRE TRANSFERS: Buyer and Hach both recognize that there is a risk of wire fraud when individuals impersonating a business demand immediate payment under new wire transfer instructions. To avoid this risk, Buyer must verbally confirm any new or changed wire transfer instructions by calling Hach at +1-970-663-1377 and speaking with Hach's Credit Manager before transferring any monies using the new wire instructions. Both parties agree that they will not institute wire transfer instruction changes and require immediate payment under the new instructions but will instead provide a ten (10) day grace period to verify any wire transfer instruction changes before any outstanding payments are due using the new instructions. v. 2017-08-14 496 The Sole Authorized Manufacturer and Direct Distributor Letter 3/14/2018 Customer Name: Indian River Utilities Customer Address: 775158th Ave Customer City, State, Zip: Vero Beach, FL 32967 Customer Account Number: 037967 -Reference Quote: 100327052 Lemts): >yescription(s): LXV417.99.20002 Nitratax Plus SC 2 MM LZY714.99.53120 Pole Mounting Hardware LXV404.99.00552 sc200 Controller, 2 Dig channel This letter is to confirm that Hach Company is the sole authorized manufacturer and direct distributor of the item/items listed above. Thank you for your interest in Hach Company Products. If we can be of further assistance, please contact us at 1-800-227-4224. Thank you 497 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 1, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Blue Cypress Lake Water Quality Analysis DESCRIPTIONS AND CONDITIONS: On July 17, 2018, the Indian River County Board of County Commissioners (BCC) approved Ordinance No. 2018- 016 authorizing a temporary moratorium of land -applied Class B Bio -solids for 180 days or until a comprehensive review of the impact on the County's ecosystem has been completed. As part of the ordinance and direction from BCC, staff reached out to Jones Edmunds and Associates, Inc. (JEA), as subject matter expects to assist staff in researching the issue. ANALYSIS: In orderto move forward with the study expeditiously, staff requested JEA submit a proposal underthe Continuing Engineering Services Contract Agreement for Professional Services dated April 17, 2018. JEA's expertise in the subject matter is needed during the temporary moratorium to gather, validate, and assess the water quality associated with Blue Cypress Lake and its watershed, including the permitted use of land application of biosolids, to determine if anthropogenic influences are a significant causative factor in water quality trends. The scope is more specifically described in the attached Work Order No. 1. The total negotiated cost for the water quality study in Work Order No. 1 is a lump sum amount of $48,490.00 separated into six (6) tasks. Please note that a Purchase Order (PO #81168) in the amount of $14,995.00 per the Continuing Engineering Services Contract Agreement for Professional Services dated April 17, 2018 was issued to JEA on July 27, 2018. In the essence of time, the subject purchase order covered three (3) tasks that are part of the overall scope but were carved out of the proposal so that JEA could begin their investigative work sooner rather than wait three weeks forthe next regularly scheduled BCC meeting. FUNDING: Total funding for the study in the amount of $63,485.00 will need to be covered within the storm water account, which is funded through the General Fund. The Budget Department under a separate item will bring forth a budget amendment to cover the sum amount of $63,485.00. Description Account Number Amount Blue Cypress Lake Water Quality Study 111-28138-033190 $48,490.00 PO Tasks 1-3 BCL Investigation 111-28138-033190 $14,995.00 Total $63,485.00 498 RECOMMENDATION: Staff recommends approval of Work Order No. 1 authorizing the professional services and requests the Board of County Commissioners (BCC) to: • Authorize the Chairman to execute Work Order No. 1 on their behalf for a lump sum amount of $48,490.00 to Jones Edmunds and Associates, Inc. (JEA); and, • Approve the total of $63,485.00 to JEA to be funded from the stormwater account. ATTACHMENT(s): 1. Work Order No. 1 and supporting documents (5 Pages) C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@F438CCA1\@BCL@F438CCAl.docx 499 CCNA2018 WORK ORDER 1 Blue Cypress Lake Water Quality Study This Work Order Number 1 is entered into as of this _ day of 2018, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of the 17" day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Jones Edmunds & Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth in Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: By: dr QI/ Print Name: Douglas Toth, PhD, PE Peter D. O'Bryan, Chairman Title: Managing Director & BCC Approved Date: Senior Vice President B7IIV20fd Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 500 Blue Cypress Lake Water Quality Study Exhibit A Scope of Work Objective The objective is to gather, validate, and assess the water quality data associated with Blue Cypress Lake and its watershed, including the -permitted use of land application of biosolids, to determine if anthropogenic influences are a significant causative factor in water quality trends. Related Project As part of a Purchase Order the Consultant performed the initial elements of this project, including data collection, one interagency coordination meeting, and trend analysis. This Scope of Work is a continuation of those efforts to reach a conclusion on the project objective. Task 1: Kickoff Meeting and Site Visit The Consultant will attend a kickoff meeting with the County and conduct a site visit in the watershed. The kickoff meeting will be used to confirm project goals, establish lines of communication, and discuss past efforts. Deliverable: Meeting agenda and minutes. Task 2: Interagency Coordination The Consultant will attend up to three interagency coordination meetings. One purpose of the meetings will be to discuss past and proposed efforts to avoid duplication and to facilitate information sharing. We are proposing these to be online meetings due to the wide geographic extent of the applicable agencies. Coordination meetings will include FDEP, SJRWMD, FDACS, FWC, and others as needed to discuss data sources, guidance, regulatory oversight, and jurisdictional responsibilities. Deliverable: Meeting agendas, presentation material, and minutes. Task 3: WBID Assessment Using the same statistical protocols used by FDEP, the Consultant will assess each of the WBIDs (Attachment A) against the applicable water quality criteria. The Blue Cypress Lake and the surrounding WBIDs are part of the Upper St. Johns Group 3 Basin, which was last assessed in 2016 with data collected through July, 2015. The next assessment will likely occur in either 20,19 or 2020, and it is important to be able to anticipate any change in impairment status. This task is not directly related to determination of anthropogenic sources but speaks to assimilative capacity, causation of impairment, and potential for involvement of the Florida Watershed Restoration Act. Deliverable: Technical memorandum summarizing the WBID assessments. 501 Blue Cypress Lake Water Quality Study Task 4: Stakeholder Meetings The Consultant will conduct two in-person stakeholder meetings to discuss data collection, methodology, and findings. We will use the first meeting to discuss data collection and proposed methodology and the second to discuss findings. Deliverable: Meeting agendas and minutes. Task 5: County Meetings The Consultant will attend up to three in-person coordination, information and presentation meetings with staff and the Board of County Commissioners to discuss project activities, data collection, findings and recommendations. Deliverable: Meeting agendas and minutes. Task 6: Conclusions and Recommendations Based on the data analysis and findings from the tasks above; the Consultant will provide our conclusion on anthropogenic influences as a significant causative factor in water quality trends. Depending on the outcome of the tasks above, we will also provide recommendations on potential additional data collection and future analyses. Deliverable: Technical memorandum summarizing conclusions and recommendations. Schedule We understand the County's need to produce findings in advance of the current 180 -day moratorium on biosolids that began on July 17, 2018, and the desire to have a significant portion of this scope completed prior to 120 days after the beginning of the moratorium. Therefore, we propose the following schedule: Task Description Start Date End Date Task 1: Kickoff Meeting and Site Visit August 17, 2018 August 31, 2018 Task 2: Interagency Coordination August 17, 2018 October 31, 2018 Task 3: WBID Assessment August 24, 2018 September 20, 2018 Task 4: Stakeholder Meetings August 31, 2018 October 31, 2018 Task 5: County Meetings August 31, 2018 November 20, 2018 Task 6: Conclusions and Recommendations October 31, 2018 November 20, 2018 3 502 Blue Cypress Lake Water Quality Study Fees We will perform the Scope of Services above for a lump sum fee of $48,490 based on the breakdown by task shown below. We will invoice by task based on deliverables. Job/Task Description Blue Cypress Jones Edmunds Sr. Project Project Engineer Officer Manager Engineer Intern Lake—Water uali Stud Janicki Environmental Senior GIS Admin. Total Analyst Assist. Principal Scientist Hours Expenses Total Rate $ 250 $ 225 $ 130 $ 120 $ 100 $ 85 $ 185 $ 85 Task 1: Kickoff Meeting and Site Visit 1 20 0 _ 0 0 2 8 0 31 $ 200 $ 6,600 Task 2: Interagency Coordination 1 28 0 1 0 0 3 1 22 0 1 54 $ 10,875 Task I WSID Assessment 1 2 0 1 0 2 2 4 24 35 $ 31850 Task 4: Stakeholder Meetings 1 22 0 0 4 4 12 0 43 $ 8,160 Task 5: County Meetings 1 24 0 0 4 4 12 0 45 $ 600 $ 9,210 Task 6: Conclusions and Recommendations 1 17 16 0 8 1 8 8 8 66 $ 9,795 Total Hours 6 113 16 0 18 T 23 66 32 274 $ 800 Total Fee [$1,5001$25,42S $ 2,080 $ - $17800 $1,955 $12,2101 $ 2,720 $48,490 Assumptions 1. The !ones Edmunds Team will not perform monitoring under this Task Order. However, we will use results from FDEP, SJRWMD, and other agencies as applicable if the monitoring data are available within the needed timeframe for this project. 4 503 Blue Cypress Lake Water Quality Study Exhibit A 5 504 Blue Cypress Lake Water Quality Study Exhibit B 506 F - 30- F�-Jt -, T. -m, 0; "'t. Integrity • Knowledge • Service Exhibit 1 Indian River County RFQ No. 2098008 Continuing Consulting Engineering Services Fee Schedule for Initial 3 -Year Contract Period . Engineering ! Science ..Pgory Project Officer! Senior Consultant Hoprly $ 250 Senior Project Manager/ Chief Engineer $ 225 Senior Engineer $ 215 Project Manager / Project Engineer $ 170 Senior Scientist $ 160 Project Scientist $ 1.50 Engineer or Scientist $ 130 Engineer Intern PhD / Designer $ 120 Engineer Intern or Associate Scientist $ 100 CADD Senior CADD Designer $ 115 CADD Designer $ 100 Senior CADD Technician $ 90 GIS Senior Database Administrator $ 165 Systems Analyst $ 160 Senior GIS Analyst or Programmer/ Database Administrator $ 130 GIS Analyst or Programmer $ 100 Senior GIS Technician $ 80 GIS Technician $ 70 Environmental Senior Field Technician Environmental $ 95 Environmental Data Analyst $ 90 Construction Senior Construction Administrator $ 155 Construction Administrator $ 120 Senior Field Representative Construction $ . 105 Field Representative Construction $ 85 Construction Project Coordinator $ 70 Administrative Senior Technical Editor $ 110 Senior Administrative Assistant $ 85 Administrative Assistant $ 65 These hourly billing rates will remain effective for the initial duration of this Agreement, and may be renegotiated should an additional renewal period be exercised. Subconsultants and other direct expenses are not included in the hourly billing rates. All subconsultant and other direct project related expenses are subject to a minimum handling/administrative charge of 10 percent. 800.237.1053 1 JONESEDMUNDS.COM 507 Integrity • Knowledge • Service Reimbursable Expense Schedule Reprq uction"Costs" Color Copies 8-1 /2 x 11 and 8-1 /2 x 14 11x17 Black and White Copies 8-1/2 x 11 and 8-1/2 x 14 11x17 UP Plotter Nlylars Project -specific office supplies Computer dish.. tapes GPS Equipment RTI: Unit (Survey Grade) Equipment rental Jones Edmunds vehicle Rental vehicle Personal vehicle mileage Other travel expenses in accordance with GS Chapter 112.061 CADD GIS HYDR (f"lydraulic Modeling) SKNI Power Consultanis Subconsultant services beiivery Services. Couriers and deiivoysert4rss (LIPS, FedLv) S0.50 page 50.75 page 50.05 page $0.10 page 50.125 square foot actual cost + ION actual cost + 10,10' actual cost + 1036 $5.00 hour S25.00 hour actual cost +10% S0.60 mile actual cost + 10% Current IRS rata + 10% 512.50 hour $5.00 hour STS0 hour 510.00 hour actual cost + 10,716 actual cost + 1.0% 800.237.1053 1 JONESEDMUNDS.COM 508 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 6, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Subject: Final Ranking of Firms for RFP 2018014 and Authorization to Enter Negotiations and Issue Work Authorization for Consultant Assistance for Next Phase of Project DESCRIPTIONS AND CONDITIONS: On October 24, 2017, the Board of County Commissioners (BCC) rejected all proposals received in response to RFP 2017041 for an Advanced Meter Infrastructure (AMI) and Meter Data Management System (MDM) Solution, and authorized staff to revise the scope of work and selection criteria to align the project more closely with the needs of the Indian River County Department of Utility Services (IRCDUS). RFP 2018014 (Software, Installation, Implementation, and Support for an AMI and MDM solution with an alternate for an Automatic Meter reading (AMR) Solution) was advertised on March 19, 2018, and six firms responded. Two firms were determined to be non-responsive to the solicitation's requirement for the prime firm to hold an active. Florida contractor's license, and those proposals were not forwarded for review. ANALYSIS: A selection committee comprised of Mike Smykowski, Budget Director; Vincent Burke, P.E., Director of Utility Services; Cindy Corrente, Utility Finance Manager; Lisa Patton, Utilities Customer Service Supervisor; and Basil Dancy, Computer Services Manager, independently evaluated and scored the received proposals in accordance with the Purchasing Manual. Proposals were scored in both the AMI and AMR categories. These scores were compiled by the committee and an overall initial ranking of firms developed in each category. After the initial ranking meeting concluded and the negotiation strategy meeting began, the committee made the following determinations: ✓ AMI is not financially feasible for the County at this time, due to the additional technical manpower required for the County to operate such a system, as understood from the responses received; ✓ Due to meter pricing available to the County, as well as the sales tax exemption, it would be most cost-efficient for the County to purchase radio -read meters directly; and, ✓ Field staff is satisfied with the performance of the wireless Master Meter radio read meter, and therefore it makes sense to continue on the current program of replacing manual read meters with Master Meter 4G radio read meters; The three top ranked firms for the AMR category were notified of the listed determinations made by the committee and were invited to participate in short list discussions regarding their interest in providing installation services for meters to be purchased and provided by the County. Following interviews, the top two ranked firms were asked to provide their best and final offers (BAFO). After receipt of the BAFOs, the 509 committee independently reviewed and ranked them overall (based on short list discussion and their submitted BAFO), and met again to develop the final ranking of firms. The final ranking established by the committee is: The committee's rankings for the initial AMR category, short list and final are shown below. Scoring sheets and compiled ranking information are available in the Purchasing Division. Committee Member Proposing Firm Location 1. National Metering Services, Inc. Kearny, NJ 2. Professional Meters, Inc. Morris, IL 3. Core & Main LP Fort Pierce, FL 4. Ferguson Waterworks Meter & Automation Group Fort Pierce, FL NR IBT Construction Miami, FL NR Itron Liberty Lake, WA The committee's rankings for the initial AMR category, short list and final are shown below. Scoring sheets and compiled ranking information are available in the Purchasing Division. Committee Member J C C O 3 LL to c •d C (P U Z d C 'A o °' a` � LP 2 4 3 1 BD 1 2 4 2 CC 1 3 2 4 MS 1 3 2 4 VB 1 4 3 2 Initial Rank (AMR) 1 4 3 2 LP 3 2 1 BD 3 2 1 CC 3 1 2 MS 3 2 1 VB 3 j 2 1 Pre-BAFO rank 3 2 1 LP 2 1 BD 1 2 CC 1 2 MS 1 2 VB 2 1 Final Ranking after Review of BAFOs 3 4 1 2 On August 19, 2014, the BCC awarded a contract to Langham Consulting Services, Inc. after the County issued RFP 2014043 to solicit consulting services and expertise to assist the County with an AMI/MDM solution procurement package. Tasks 1-3 were completed to conduct a feasibility analysis, develop a business case and conduct a strategic assessment. Task 4 was to develop an RFP for the AMR/AMI system acquisition and assist C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@DC261A39\@BCL@DC261A39.docx 510 the County with evaluation and scoring of the Proposals. This work culminated with staff bringing the results and recommendation to the BCC on October 24, 2017. Due to the additional time and effort spent on the technically sophisticated responses and the MDM component, extra time was needed to coverthe consultant's services for Task 4. On December 5, 2017, staff brought an agenda item for additional hours in the amount of $17,500, and the BCC approved. Consistent with the consultant's task delineation, Task 5 outlines assistance to the County for contract negotiations with a selected firm. Task 5 has a not -to -exceed estimated 164 hours, or $31,980. Due to the myriad of issues associated with a complex transition to an all AMR system, it is critical that the contracts are set up to outline obligations, minimize customer service interruptions, provide clear communications for work effort and resolution methods to potential problems. It is recommended that staff continue to utilize the outside consultant to ensure the County's requirements are clear while providing a contractual framework for allowing for the contractor to proceed expeditiously. Contingent upon the success of this program will also be the availability of material (meters, boxes, risers, lids) that will need to be furnished by third parties and delivered in such away to ensure project success. In addition to a contract with the installer, the IRCDUS staff will need to confirm supply chain scheduling for all the purchases that will be made directly by the County to save sales tax and to avoid vendor markup. Once the negotiated contract with the vendor and, if necessary, product manufacturers are agreed to by both parties, staff will bring back the final form to the BCC for review and approval. FUNDING: Funding for the Countywide Meter Replacement program and Other professional services are available in the operating fund. Operating funds are generated from water and sewer sales. Description Account Number Amount Countywide Meter Replacement Program 471-169000-16506 $2,295,153.00 Utilities General Operating Fund- 47123536-033190 Other professional services $31,980.00 RECOMMENDATION: Staff recommends the Board of County Commissioners (BCC) approve the committee's final ranking of firms and authorize the department to begin negotiations with the top-ranked firm, and the subsequently ranked firms, should negotiations with the top ranked firm fail. Staff also recommends the BCC authorize the Purchasing Division to issue a purchase order to Langham Consulting Services for Task 5 of RFP 2014043 for a not -to -exceed amount of $31,980.00. C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@DC261A39\@BCL@DC261A39.docx 511 ATTORNEY'S MATTERS: 8114118 Office Of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners IV FROM: William K. DeBraal, Deputy County Attorney q DATE: July 31, 2018 SUBJECT: Demolition Liens The County has demolished dilapidated structures on the following parcels of property identified below: Property Owner Parcel Description Robert Weber 32-39-03-00000-5000-00008.1 3770 691h Street S211 feet ofS %2ofSE'/4ofSW i/4 of Section 3, Township 32 S, Range 39 E, lying west of the Florida East Coast Railroad right-of-way, less the W 308.45 feet thereof Nicholas J. Liddi 31-38-27-00004-0030-00008.0 8720 92" Avenue Lot 8 and S 50 feet of Lot 9, Block C of Vero Lake Estates, Unit A Margaret Kelly (escheated to Indian River County during demolition process) 33-39-25-00006-0040-00019.0 1041 10th Court, S.W. N 70 feet of S 359.2 feet of W 100 feet of E 110 feet of W 10 acres of E 20 acres of Tract 4, Section 25, Township 33 S, Range 39 E Cost $9,501.62 $7,490.98 $3,751.79 512 /3A The next step in the process is filing a lien against each property for the costs of demolition with the exception of the property having an address of 1041 10'' Court, S.W. which was on the list of "Lands Available for Taxes" and escheated to Indian River County during the demolition process. Staff has included information on that property for the Board's reference. In accordance with County Code Section 100.080, the Board passed Resolution No. 2017-124 to have a lien filed against the respective properties for the costs incurred by the County in demolishing the unsafe structures. Notice of the proposed demolition lien was mailed to the parties in interest, and, pursuant to our code, each party in interest may now appear before the Board and be heard as to the amount of the proposed demolition lien. Attached is a lien for each of the two properties [excluding the property now owned by Indian River County] that, if approved by the Board, will be recorded in the public records against each property. Also attached is the itemization of costs for each demolition. FUNDING: Costs associated with this item are recording fees for recording the two liens in the public records at a cost of $20.00. Funds for this expenditure are available in the MSTU Fund/Road & Bridge/Recording Fees, Account No. 00421441-034830. RECOMMENDATION: The County Attorney's Office recommends the Chairman allow each party in interest for the two properties to address the Commission and be heard on the amount of the proposed lien concerning the property. Following any comments, staff recommends approval of the lien amounts and authorization for the Chairman to sign each lien for recordation in the public records. /nhm Attachments: Liens (2) Itemization of costs for demolition (3) 2 513 This document was prepared by: Indian River County Attorney's Office 1801 271h Street Vero Beach, FL 32960 772-226-1426 LIEN THIS LIEN, filed the day of August, 2018, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: The South 211 feet of the South Half of the Southeast Quarter of the Southwest Quarter of Section 3, Township 32 South, Range 39 East lying West of the Florida East Coast Railroad right-of-way, less the West 308.45 feet thereof, and less rights-of-way and easements of record. Parcel No. 32-39-03-00000-5000-00008.1 The name of the record owner of the above-described property is: Robert Weber THIS LIEN is filed against the real property to secure the payment of Nine Thousand Five Hundred One and 621100 Dollars ($9,501.62), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five percent (5.00°/x) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Peter D. O'Bryan, Chairman Board of County Commissioners BCC approved: APPROVED AS TO FORM Deputy Clerk AN f L _ . � �FI —N o STATE OF FLORIDA 1� COUNTY OF INDIAN RIVER B WILLIAM K. DEBRAAL DEPUTY OOIJNTY ATTORNEY The foregoing instrument was acknowledged before me this day of August, 2018, by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: 514 This document was prepared by: Indian River County Attorney's Office 1801 27'h Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of August, 2018, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within .Indian River County, and described. as follows: Lot 8 and the South 50 feet of Lot 9, Block C of Vero Lake Estates, Unit A, according to the Plat thereof as recorded in Plat Book 4, Page(s) 70, of the Public Records of Indian River County, Florida. Parcel No. 31-38-27-00004-0030-00008.0 The name of the record owner of the above-described property is: Nicholas J. Liddi THIS LIEN is filed against the real property to secure the payment of Seven Thousand Four Hundred Ninety and 981100 Dollars ($7,490.98), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five percent (5.00%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Board of County Commissioners Circuit Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER BCC approved: APPROVED AS TO FORM AND LEGAL SUFFICIEN B DYLAN REINOOLD COUNTY ATTORNEY The foregoing instrument was acknowledged before me this day of August, 2018, by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: 515 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 3770 69th Street 32-39-03-00000-5000-00008.1 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED $ 6.56 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 . POSTAGE —CERTIFIED MAIL $ 6.56 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $9,050.00 TOTAL COSTS: $9,501.62 516 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 8720 92nd Avenue 31-38-27-00004-0030-00008.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED x 4 ($6.56 EA) $ 26.24 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL x 4 ($6.56 EA) $ 26.24 RECORDING FEES - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $ 7,000.00 TOTAL COSTS: $ 7,490.98 517 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 1041 10th Court S.W. 33-39-25-00006-0040-00019.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED $ 6.73 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE - CERTIFIED MAIL $ 6.56 - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $ 3,300.00 TOTAL COSTS: $ 3,751.79 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Attorney's Matters - B. CC 08.14.18 Office of 0 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorne DATE: July 23, 2018 ATTORNEY SUBJECT: Community Development Block Grant Citizen Advisory Task Force Appointment This agenda item is to consider the appointment of an applicant to fill the vacant position of "Citizen of Indian River County" on the Community Development Block Grant Citizen Advisory Task Force. The term of the members expires at the direction of the Board of County Commissioners. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following are the names of the qualified applicants for this position, whose resumes and applications are available for review in the Commissioners' Front Office area: Evan Esposito Glenda Swanson -Massa Gary Randall Ardra Rigby RECOMMENDATION. The County Attorney recommends that the Board review the applicants' resumes/applications, and determine whether to appoint one of the applicants to fill the vacancy for the "Citizen of Indian River County" to the Community Development Block Grant Citizen Advisory Task Force. ATTACHMENTS Applications Resumes F:\Attorney\Christina\COMMITTEES\General Matters\BCC Agenda Memos\CDBG - Memo etc\180723 Committee Appointment (CDBG) - Citizen iRC.doex 519 U- 1) 6 C-7 r-)) Nrl ] IND. IAN RIVER COUNTY APPLICATION FOR, C OMMITTEE APPOINTMENT ` � ----'----� ----� Full Name / Email a�con� -| -__—_ --_-__-_---____--_'-- — -------''--�--��---`—'---------i Street Address (No P.O.Bbxeo: [4-�'5'4/U'Uri«e | Home Phone: I Work Phone: Cell Phone: ` -�------1 ---------- How long have.you been aresident ofIndian River Counh/? i �. ' Are you �i fullor part time. resident? Check one: Full Time; '(!Part Time' Please list current employer or . If retirod, please list any business expehenWtiat may be applicable to th� commi�ee Govern ment--Con'tr-actor Please list any licenses you presently hold: | { Please list tiny dr anization of which you ate curreritly a member: Please V� any other boards you currently sit on'. Qonfin ued on, next page 520 EVAN ESPOSITO PO Box 248*FARMINGVILLE* NEW YORK, 11738* (631) 404-9718 STOPOILWARS@GMAIL.COM ENVIRONMENTAL CONSULTANT, SEEKING A POSITION IN PV INSTALLATION, SALES, AND MARKETING EDUCATION SBU(Stony Brook University) Pollution and Human Health environmental impact studies. A+ Solar Sales and Installation; Hands on training and Installations for over 135 clients. ACPV certification with over 300 micro inverters installed to date Series 7 and series 63 United States Registered Representative for financial services and account management Investment Analysis SBU certification Computer Proficiency Examination; Microsoft Excel and Office Training SBU Suffolk Community College Advanced Literature and Psychology training Philosophy Major -with a deep understanding of political and cultural affairs, SBU Graduate course work completed with Ivy League graduate students at SBU. Work History Sales and business management from 1993 through 1997 (SBU Entrepreneurship program completed) Financial Business Management and Intangible Asset Sales trainer from 1997 through 2006 Solar Energy Consultant from 2004 through 2009 Solar Energy Design and Installation from 2009 through present Commercial Solar Integrator from 2012 through present Solar Panel Supplier from 2012 through present Interests include Renewable Energy technological advancements; Clean Energy Marine Applications; Grid Independence; Biblical Studies; Space Exploration; Horticulture. References available Upon Request: 521 Place a check mark next to the committee(s) yo.0 would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & sHORIE PRE -SERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE E!� PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL V/ TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY VALUE ADJUSTMENT BOARD MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed appliceition, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 77-2- - 7-10-5334.. Please note: All applications are kept ori file for 6 months. Print 522 Indian River County Application For Committee Appointment ®ate: )an 4, 2013 Name: Gienda Swanson -Massa Address: 8356105th Court State FLORIDA Zip/Postal Code: 32967 Home Phone: 772-202-7354 Business Phone: NA Cell P1410ne: 1646-573-8595 E-mail: I gsmplannersetc@msn.com How long have you been a resident of Indian River County? 2.syrs Are you a full time or part time resident? (select one) Q Full -Time O Part-time Please list current employer or business. If retired, please list any business experience that may be I am a retired business owner of a Urban and Rural Planning consulting firm. Retired Elected Public Official ( Colorado General Assembly, District 8 and the Regional Transportation District Board of Directors, District B) Please list any licenses you presently hold: NA 523 Please list any organization of which you are currently a member: NA Please list any other committees or boards you currently sit on: NA Select the committee you would like to serve on. If you are interested in more than one, please number your choices in order of preference. Preference Rating Affordable Housing Advisory Committee QAgriculture Advisory Committee F] Beach and Shore Preservation Advisory Committee E] Board of Zoning and Adjustment Children's Services Advisory Committee Code Enforcement Board F] Community Development Block Grant 0 G V`&tiizen Advisory Task Force ❑ Construction Boards of Adjustment and Appeals F] Economic Development Council Enterprise Zone Development Agency Environmental Control Hearing Board Indian River County Extension AdvisoryCouncil Metropolitan Planning Organization Citizens Advisory Committee DPlanning and Zoning Commission nTourist Development Council F] Treasure Coast Regional Planning Council F] Comprehensive Economic Development Strategy Please return the completed application, along with a current resume, to the Board of County Commission Office, 1801 27th Street Vero Beach, FL 32960, or by fax at 772-770-5334. 524 Biographical Sketch Glenda Swanson -Massa Background: e Born in Knoxville, Tennessee 9 Grew up in Detroit, Michigan 9 Resident of Denver, Colorado for 38 years 6 Currently living in Vero Beach Florida and New York City for 14 years Political Experience: * 1986: Elected to the Regional Transportation Board of Directors (RTD) for District B ® 1990:.Re-elected to represent District B on the RTD Board of Directors. As a member of the RTD Board, Glenda was instrumental in initiating the light rail systern in the Denver metropolitan community. Elected I' Vice Chairperson of the Board. * 1992: Elected to Represent House District 8 in the Colorado General Assembly. 1994: Re-elected a second term to represent House District 8, Minority Whip Precinct Committee woman for 30 years. Business: Owner, since 1974 of Planners,ete—a consulting firm has completed over 100 contracts directing urban and rural planning, staff training, technical ct� i staii;re, cAii:d progrun ; .mWelvi,C;';.ent for local , state, and federal agencies. (iie.ii`ed j Ed -z cal iou: IA iii a)i'bc`iie lid ;;i.r�'ioiii�ie i iu.�iiiii fC iiisini i� i Deveiirpraen't, 1.liiivemi y of CE 17.orildi-3, iii?` i>i 1 iii ti ri +P�.S/, +ifw,9 C- —I iutriC 'S�:iio iii {�-a r, o; siu ii_i of N e�^v Yoram ' C ci-T" 1 ', i:' {{i::,re:ii�.ti'}L' i_.��r)tez`.� `i v ��.�, HU IlLff {.,.ii Other Experience: ® Self employed, independent consultant. ® ]Program Director, Supportive Services for Seniors -Isabella Geriatric Center, Initiated the Naturally Occurring Retirement Community (NORC) program at 2 Northern Manhattan High -Rise apartments. ® Executive Director and President of the Board of Directors of Child Opportunity Program ® Registered Lobbyist, State of Colo. • Program Director, Child Care Training/Placement Program, Aurora Community College ® Administrator, Division Director of Community and Personal Services, Community College of Denver. Colo. ® Director, Head Start Program ® Social Worker, Catholic Charities (Adoptive and Foster Dome Placement) and Head Start. Awards/Honors: e Appointed by the New York Manhattan Borough President, C. Virginia Fields and Scott Stringer to Community Planning Board 4 12, 2042-2009, elected Treasurer of the Board and steed as committee on aging, chairperson ® Appointed to serve on the Denver ]Planning Board, by Mayor Fe€lrico Pena, for 9 years a Who's Who of American Women a Women at Work Award, Council on Working Women ® Friends of the River, Denver Greenway Foundation Award a Elected frorn Region 8 to the White House Conference on Small Business (1984 and 1986) a Appointed to the rational Public Lands .Advisory Council by the US Secretary of the Interior, Cecil Andrus. a Legislator of the Year, for children's issues President, Washington Heights Neighborhood Association (VVHNA), Manhattan, .New York. 526 INDIAN RIVER COUNTY APPLICATION RECEIVED FOR COMMITTEE APPOINTMENT tf4 ---ghl 9 Q 1014 e' t �, s l� a c (,r i. Date: Nam BOARD OF COUNTY - ^ - r ---------gyp i�' Full Name:Geli��!�c+vi a1L & � J" ��__ _-- Email Address: f ? —91U-1 2� Street Address (No P.O. Boxes): ! — j �� f >,���� c �l ,3 )4-7 Home Phone: _ Work Phone: j Cell Phone:3--0Q31 How long have you been a resident of Indian River County? y�Luj Are you a full or part time resident? Check one: Full Time�Part TimeFL 1 Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Please list any licenses you presently hold: Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: Continued on next page 527 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE U BEACH & SHORE PRESERVATION ADVISORY COMMITTEE BOARD OF ZONING ADJUSTMENT CHILDREN'S SERVICES ADVISORY COMMITTEE ' CODE ENFORCEMENT BOARD a COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE PLANNING & ZONING COMMISSION TOURIST DEVELOPMENT COUNCIL TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Parrt 528 Gary David Randall 8466 100th ct Vero Beach, FL 32967 Cell (772) -453-0513 Gdrjrl@yahoo.com Work Experience Gametime 08-01-10 to present Manager oversee daily operations of a midsize Arcade, 4000 sq/ft 60 games. Repairing games, hiring and training of new employees. Bookkeeping and ordering. Provide support to two other midsized arcades. Sebastian's used Books Owner/operator 01-03-08 to 08-01-10 Electronic Tech Dictaphone LLC Melbourne, Florida 06-01-1992 to 03-13-2007 (Laid off) Manager and Lead Technician oversaw 25 Technicians,60 assemblers and 20 solderers. Troubleshoot and Repair to component level. using 0 -scope and multimeter. Also used D,gilog, ATE, and various mockups Hetra Lead Tech oversaw 12 other Technicians. Test and repair of Tempest endorsed computers. Sebastian, Florida 09-1990 to 04-1992 08-1989 to 09-1990 Assistant Manager for zayres department store 1988 to 1989 Assistant manager at Long john silver while in College. Randall Electric Electrician's Helper 1986 to 1988 529 n - s Education B.S.Degree in Electronic Technology A.S Degree in Computer science. GPA: 3.8 united Electronic Institute specific Skills Area: worked on Tempest Endorsed Computers at Metra for 1 1/2 years. computer and Network setup. virus and spyware removal. other Related Interests: Restoringolder cars. Currently working on 1968 Corvette. Movie script writing, working on a horror script and a horror/dark comedy. Member of Mensa (154 IQ). I have taken a few basic medical classes (prep for Pharmacy Tech). I am CPR Certified. 530 RECEIVED INDIAN RIVER COUNTY APPLICATION JUN 08 2018 FOR COMMITTEE APPOINTMENT BOARD Name: rJ Date: T Full Name: �A- rCl V Email Address: ' ' . V E vc, Street Address (No P.O. Boxes): Home Phone: �__� Work Phone: i Cell Phone: - � V 0 How long have you been a resident of Indian River County?I Are you a full or part time resident? Check one: Full Time Part Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Please list any licenses you presently hold: Please list any organization of which you are currently a member: L1 (Aaplc�lin5 Please list any other committees or boards you currently sit on: Continued on next page 531 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE El CODE ENFORCEMENT BOARD - COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE F] MPO CITIZEN ADVISORY COMMITTEE R PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE El TOURIST DEVELOPMENT COUNCIL - lI TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD F] TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE DEVELOPMENT STRATEGY Ll VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY INDIAN RIVER COUNTY El Please:prifiitand return the completed application, along with a cui•rent.resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Pririt:�� , 532 Ardra K. Rigby Sr. 465 59th Avenue, Wabasso, FL 32970 1772-501-4749 1 rigbyardra@gmaiI.com Objective To fill a vacated place on the CDBG Citizens Advisory Task Force. Educati®n BUSINESS/ECONOMICS 11995 1 FLORIDA A&M UNIVERSITY Major: Economics Minor: Business Administration Related coursework: Labor Relations USMC 11987 1 PARRIS ISLAND Major: Desert Storm/Desert Shield Conflict 8th Tank Battalion 2nd Marine Division MANAGEMENT • Contract Administration Electronic Data Systems -Student Loan Dept R&R Corp Systems, Inc. Capital Sanitation, Inc. COMMUNICATION Library Board Indian River County -Sunset Enterprise Zone Indian River County - Sunset Marching 100 marching band - Trumpet player LEADERSHIP West Wabasso Progressive Civic Club, Inc 2014 -Present United Way -Tax Free Project The Four Chaplains Associate Minister New Bethel AME Church Experience . CONTRACT MANAGER 1 R&R CORP SYS INC. ( 1999 - 2001 • Coordinate the cleaning of 1.5 million square ft of carpet in Brevard County (All County Buildings) CONTRACT MANAGER 1 R&R CORP SYS INC. 1 1995 -1998 . Coordinate the cleaning of St. Lucie County Buildings and carpet in all County Buildings local and PSL. 533 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County attorney County Attorney's Matters - B. CC 8.14.18 Office of /C6 ("I INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 8, 2018 SUBJECT: Florida Institute of Technology Marine Laboratory Property BACKGROUND. ATTORNEY On June 1, 2017, Florida Institute of Technology (FIT) issued a Request for Proposal (RFP) for the sale of the Vero Beach Marine Laboratory property, located at 805 46th Place East, adjacent to the Tracking Station Park (FIT Property). The parcel is 4.09 acres and zoned R -S3, and has approximately 525 feet of direct oceanfront. Responses to the RFP were to be submitted on or before August 1, 2017. Per the direction of the Indian River County Board of County Commissioners, Indian River County submitted a proposal. FIT decided not to sell the property as part of that RFP process. During the RFP process, it was discovered that it was unclear whether there was legal access to the FIT Property. In an attempt to resolve the issue Indian River County staff negotiated the attached Agreement Concerning Access and Other Rights Under 1980 Agreement (Access Agreement). In the Access Agreement, FIT will be providing Indian River County with a beach easement, which will protect the public's access to the beach and also allow for the County to properly monitor sea turtle nesting. Additionally, FIT will set aside a 25 foot vegetative buffer on the northern portion of the FIT Property, consistent with the requirements for a Type B buffer under section 926.08 of the Indian River County Code of Ordinances. FIT will also be deeding to Indian River County the eastern most 15 feet of the FIT Property adjacent to Tracking Station Park, which will assist Indian River County with access to Tracking Station Park. FIT will also give Indian River County a portion of the FIT Property for the extension of 46th Place. Indian River County will also dedicate a portion of Tracking Station Park as right-of-way to be used for the extension of 46"' Place. These requirements are depicted on the attached map. As part of the Access Agreement, the County Attorney's Office has drafted the attached Resolution designating certain County property for use as right-of-way (Resolution). As noted in the Access Agreement and the Resolution, if Indian River County were to abandon any portion of 46a' Place, either designated by the Resolution of conveyed to Indian River County by FIT, which was provided by FIT, Indian River County would grant a perpetual non-exclusive easement to FIT for ingress and egress to the FIT Property. F..-U11.m5V.d 1GFAWRALIBCCUga d .Ne 1FlTSe,t1e ,Agreement Ax 534 Board of County Commissioners August 8, 2018 Page Two FUNDING. The only cost that will be paid by Indian River County is the, cost of $44.00 to record the Resolution, with all other costs for documentary stamps and recording fees to be borne by FIT. Funds in the amount of $44.00 are available from Account Number 00110214-034830 General Fund/County Attorney/Recording Fees. RECOMMENDATION. The County Attorney's Office recommends that Indian River County Board of County Commissioners (Board) vote to approve the Agreement Concerning Access and Other Rights Under 1980 Agreement (Access Agreement) and the Resolution designating certain County property for use as right-of-way. The County Attorney's Office also recommends that the Board authorize the Chair to sign any and all documents necessary to effectuate the Access Agreement, including the County's acceptance of the Beach Easement, the dedication of the easternmost 15 feet of FIT Property adjacent to Tracking Station Park, and the right-of-way for the extension of 46' Place. ATTACHMENT(S). Access Agreement Resolution Map of Dedications F: 1.4110—ytLinda%GEA'ERALW C CVgenda MemosVIT Settlenreal Agreementdw 535 This Instrument Prepared By And To Be Returned To: R. Mason Blake, Esquire DEAN MEAD 7380 Murrell Road, Suite 200 Melbourne, Florida 32940 (321) 259-8900 AGREEMENT TO CLARIFY ACCESS AND OTHER RIGHTS UNDER 1980 AGREEMENT THIS AGREEMENT TO CLARIFY ACCESS AND OTHER RIGHTS UNDER 1980 AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into the day August, 2018 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and FLORIDA INSTITUTE OF TECHNOLOGY, INC., a Florida corporation not for profit (hereinafter referred to as "Florida Tech"). WITNESSETH: WHEREAS, County is the owner of that certain real property located in Indian River County, Florida, as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter referred to as the "County Parcel"); WHEREAS, Florida Tech is the owner of that certain tract of real property adjacent to the County Parcel and located in Indian River County, Florida, as more particularly described in Exhibit `B", attached hereto and incorporated herein by reference (hereinafter referred to as the "Florida Tech Parcel WHEREAS, County and Florida Tech entered into that certain Agreement dated June 25, 1980 (hereinafter referred to as the "1980 Agreement") under the terms of which County agreed to provide Florida Tech access at all times to the Florida Tech Parcel over a portion of the County Parcel and Florida Tech agreed to grant the general public access over a portion of the Florida Tech Parcel; WHEREAS, County and Florida Tech desire to enter into this Agreement for the purpose, among other things, of clarifying the access rights granted to Florida Tech under the 1980 Agreement by providing for the extension of the right-of-way of 46th Place over portions of the Florida Tech Property and the County Property (which in addition to providing access to the Florida Tech Property will provide improved access to the County Property), and clarifying the easement rights created in favor of the public under the 1980 Agreement; WHEREAS, County and Florida Tech desire to terminate the 1980 Agreement because the easement provisions thereunder will be superseded by the provisions of this instrument. 02073544.v2 536 NOW, THEREFORE, for and in consideration of the premises, the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby covenant and agree as follows: 1. Recitals. The recitals set forth hereinabove are true and correct in all respects and are incorporated herein by reference as if set forth herein verbatim. 2. Dedication of Right -of --Way for Extension of 46'h Place. Florida Tech and County each agree to dedicate property for the extension of 46th Place to the Florida Tech Parcel as follows: (a) Dedication of Right -of -Way by Florida Tech. Florida Tech agrees to execute and deliver to County, simultaneously with the execution of this Agreement, a Right -of - Way Deed conveying to County the real property described in Exhibit "C", attached hereto and incorporated herein by reference, for use as public right-of-way and related purposes. The Right - of -Way Deed shall be in form and content as set forth in Exhibit "D", attached hereto and incorporated herein by reference. County covenants and agrees that in the event the real property described in Exhibit "C" or any portion thereof is ever abandoned by the County as a public right-of-way, County shall grant a perpetual non-exclusive easement for ingress and egress to Florida Tech, and its successors and assigns, over such real property. Florida Tech covenants and agrees to pay the cost of state documentary stamps and recording fees for the recording of the Right -of -Way Deed. (b) Creation of Right -of -Way by County. County agrees to dedicate, and by the execution of this Agreement does hereby dedicate, the real property described in Exhibit "E", attached hereto and incorporated herein by reference, for use as public right-of-way and related purposes. County agrees to cause its right-of-way maps and records to be amended to reflect the dedications provided for in this paragraph 2. County covenants and agrees that in the event the real property described in Exhibit "E" or any portion thereof is ever abandoned by the County as a public right-of-way, County shall grant a perpetual non-exclusive easement for ingress and egress to Florida Tech, and its successors and assigns, over such real property. 3. Conveyance of Properly to County by Florida Tech. Florida Tech agrees to execute and deliver to County, simultaneously with the execution of this Agreement, a Special Warranty Deed conveying to County fee simple title in and to the real property described in Exhibit "F", attached hereto and incorporated herein by reference. The Special Warranty Deed shall be in form and content as set forth in Exhibit "G", attached hereto and incorporated herein by reference. Florida Tech covenants and agrees to pay the cost of state documentary stamps and recording fees for the recording of the Special Warranty Deed. 4. Creation of Vegetative Buffer Easement. Florida Tech agrees to execute and deliver to County, simultaneous with the execution of this Agreement, a Vegetative Buffer Easement establishing. a vegetative buffer easement over and across the real property described in Exhibit "H", attached hereto and incorporated herein by reference. The Vegetative Buffer Easement shall be in form and content as set forth in Exhibit "I", attached hereto and incorporated herein by reference. Florida Tech covenants and agrees to pay the cost of state documentary stamps and recording fees for the recording of the Vegetative Buffer Easement. -2- 02073544.v2 537 5. Creation of Beach Easement. Florida Tech agrees to execute and deliver to County, simultaneous with the execution of this Agreement, a Beach Easement creating a perpetual, non-exclusive easement for recreational and related purposes over, upon, across and through the Beach Easement Area described in Exhibit "J", attached hereto and incorporated herein by reference. The Beach Easement shall be in form and content as set forth in Exhibit "K", attached hereto and incorporated herein, by reference. Florida Tech covenants and agrees to pay the cost of state documentary stamps and recording fees for the recording of the Beach Easement. 6. Covenants Running With the Land. The rights, agreements, duties, obligations and easements set forth in this Agreement shall run with the land and shall be binding upon and benefit the Owners as herein specified and their successors, assigns, legal representatives and successors -in -title. Any transferee of any portion of the County Parcel or the Florida Tech Parcel shall automatically be deemed, by acceptance of the title to said property, to have assumed all obligations of this Agreement relating thereto to the extent of its interest in said property, and the transferor shall upon the completion of such transfer be relieved of all further liability under this Agreement with respect to the property so conveyed except liability with respect to matters that may have arisen during its period of ownership of the property so conveyed. 7. Modifications. This Agreement may be amended only by a written instrument executed and acknowledged by the owners of all parcels benefiting from and burdened by the easement or easements, or rights or duties related thereto, being modified in any way by such amendment. 8. Attorneys' Fees. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs (including attorneys' fees incurred at or before the trial level and in any appellate, bankruptcy or administrative proceeding). 9. Venue. The venue of any litigation arising out of the Agreement shall be in Indian River County, Florida. 10. Governing Law. The laws of the State of Florida shall govern this Agreement. Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions hereof. 11. Relationship of Parties. No express or implied term, provision or condition of this Agreement, considered without reference to any other or external agreement, shall be deemed to constitute County and Florida Tech as partners or joint venturers. 12. Termination of 1980 Agreement. County and Florida Tech agree that upon the execution and recording of this instrument the 1980 Agreement shall be terminated, void and of no further force of effect. [The remainder of this page is intentionally left blank. Signatures begin on the following page.] -3- 02073544.x2 538 IN WITNESS WHEREOF, County and Florida Tech have caused this Agreement to be executed under seal by their duly authorized representatives as of the day and year above first written. Signed, sealed and delivered in the presence of Print Name: Print N, Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Name: Title: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida By: Name: Petr D n' Brian Title:. Chairman of Board of County Commissioners BCC approved: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY The foregoing instrument was acknowledged before me this _ day of , 2018, by Peter D. , as Chairman of INDIAN RIVER COUNTY, FLORIDA, a politiYARMision of the state of Florida, on behalf of the county. Said person is (check one) o personally known to me, o produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or o produced other identification, to Print Name: Notary Public, State of _ Commission No.: My Commission Expires: WE 02073544.x2 539 Print Name: j CtQ-- &0J,',- Print {Print Name:___ C,jy/ee eat FLORIDA INSTITUTE OF TECHNOLOGY, INC. a Florida corporation not for profit By: Name: T. Dwaynq34cCay Title: President STATE OF FLWUDA COUNTY O , qdof The foregoing instrument was acknowledged before me this � 2018, by T. Dwayne McCay, as President of FLORIDA INSTITUTE OF TECHNOL , INC. a Florida corporation not for profit, on behalf of the corporation. Said person is (check one) a� personally known to me, o produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or o produced other identification, to wit: , 11L1G 1�4111V. //q/I �J r•' ANN MARIE KOUSARI Notary Public, State of s.:.Comrtussian#GG223057 Commission No.: Expires June 3, 2022 My Commission Expires: °F�•• BonbdllsuTMyFainlnsurim8Q0385•i019 -5- 02073544.x2 540 LEGAL DESCRIPTION OF COt NTY PARCEL S,m 02473544.v2 541 EXHIBIT "A" (page 1) An a point of reference, commence at the southwest corner of said Section -20,t run thence 8 89045125" E along the south line of said Section 20, a distance of 349.14 feet to a concrete monument; thence N 0'131 1060 feet to the point of beginning of the property hereby conveyed, from said point: of beginning, continue M 0'13'15'• E- 350 feet to a point:, thence S 89'4512511 1.:, 90 feet, more or leann, to U10 mean high water line of the Atlantic ocean; thence meander In a southeasterly direction 375 feet, more or less, to a line that Is paral- lel and 1000 feat*north of the south line of said Section 201 thence. N 89451251, W, 209 feet, more or less, to a line that is paral- lel and 349.14 feet east of the west line of said Section 20 and the point of beginning, containing 1.21 acres, ,core or loss. EXHIBIT."A" (page 2) Being 3 parcel of Lind lying in the t 10 acres of GoVernment- Lot 1 (clic same being known as the Government Trackingg Station),_ Section 20, 'rownship 32 Souch;..Range-40 East, Indian RI(rer' County, Florida. The boundnry-'6f said parcel being more particularly described as follows." From -the Southwest corner of said SceLloa 20, 3-uwNitth 89*42'15" F..nst along the Section line,.346.80 fact, more dr.lcss..t6-:a'.concreta monument viarking the Southwest corner of OIL aforesaid Covernment Tracking =Station; thence run North . .0* 13' 15" Ead-E- dloftr, the West line of ;.1 J Tracking suition, 212`00: rvec.'t . e te monument for the. Point of Beginning of -ti4,afcel, :to:*be-,hereIn . described: thence: continue North 0°13'15" Eas t zilorg the same - line, 183.00 feet to a concrete monument; ihence-,run Soutil: 89*45'25" :East 208.D0 feet, more or less,to the 11can Iligh Water Line of t0'Atlantis Ocean; thence run Southwesterly nlon;, the Menn 111gil Water Line, 514.00 fete; thence run North 89'15'45" West, 46.00 feet, more or to to :I coticret " e wnIkinctiL which U; 25 feet, more or less West of'-tfic--Ocenn Bluff line; thentd continue Norch 89*15'45" West on thi:`-same line, 184.28 feet to a concrete nw�nument; t1jolice run West 295.20 feet to a eoncret,2 monument; t1ii-nce run North 89*15'45" West, 116.00 feet to clie Point of BeGiatring; Containing 4-020 acres, more A!1 that Lr.%, -L or parr,:! of 1,11141 lyinj., Covernment Lot 1, Section 20, Tounship 32 South, Range 40 Fast, Tallahassee Meridian, lIjdj.jIj River CUUOLY, Florida, and murL particularly Jescribed as (t)lluw.-;- EXHIBIT "A" (page 3 Suij61i-,1 ne: Commencing at . n concrer -amonumeth s"�on-ixre and 349.14 feet S 89*45*25" S or said Section 20, and at a jand oiihed In­,fve-hy the 'Uui tcd States of Ameri ca":nt Tero -13eadli Tracking-Anhek; Thence N 00°13'15" r along'the tract and stibsoquently alnnn, the boundary of a tract of land conveyed to Indlan Mv r'.;C0u6Cy;-.' -'16'fjdz of America by lit i te.1nim -ilecd .&)tcd 24:AtigList 1970 -,..1 - dlstancc of 1350.0 feot �.to a torfiiYr of x.dd tracts ind*the POINT OF BEGINNING. Thence continue \f 00*13'15"'t-',ilo*fir,-:elic'b6*u6d:ir'y"-of said' United States tract 340 feet, more or legis, to A point wbielli I., oti the iticaa lilgh eater 1.1ne of Lite Aclantic Occan, end at .1 eornvr of saki tilted Stater: trart: Thence SoULI)CaSter Y .1161i K1Jgii,.vdUr- Z. line W11101 Is a.lbil tai=lituiiii l iry asL':aaiil fUiYj t0d -,S Lo tcs,;t race 350 fact, more -9v-, es 89'45'25" E frd i ing --at a--corne' of said- ep, an r United Statex tYzic t I &irnur of said Inalan JUver- Countv tract; f Thence N 89'45'25" M -;I ongn t fu - obnaary .of said United States t ra c r. which is S.-vQ Indian -Alver County tf66C90 feet;_*i-fio toflfalili*; 0;33 -of--ai"Jess, and b'eing a portion ion of Tract "A" of Vero Tracking "Annex.' EXHIBIT `B" LEGAL DESCRIPTION OF FLORIDA TECH PARCEL -7- 02073544.v2 545 EXHIBIT B Being a parcel of land lying in the East 10 acres of Government Lot 1 (the same being known as the :Government Tracking 'Station), Section 20, Township 32 South, Range 40 East, Indian River County, Florida. The boun aiy of said parcel being more particularly described as follows; From the SouthGest.c.orner of said Section 20, run North 89 degrees 42 minutes 15 seconds East along the Section line, 346.80 feet, more or less, to a conc'e'te monument marking the Southwest corner of the aforesaid Government Tracking Station for the Point of Beginning of the parcel to be herein described; thence run `North 0 degrees 13 minutes 15 seconds East along the West line of said 'tracking Station, 212.00 feet to a concrete monument; thence run South 89 degrees 15 minutes 45 seconds East, 116.00 feet to a concrete monument; thence run North 0 degrees 13 minutes 15 seconds East, 295.20 feet to a concrete monument; thence run South 89 degrees 15 minutes 45 seconds East 184.28 feet to a concrete monument; thence continue South 89 degrees 15 minutes 45 seconds East, 46 feet, more or less to the Mean High Water Line of the Atlantic Ocean; thence run Southeasterly along the Mean High Water Line, 519 feet, more or less to the South line of said Section 20; thence run South 89 degrees 42 minutes 15 seconds West along the Section line, 47 feet to a concrete monument; thence continue South 89 degrees 42 minutes 15 seconds West on the same line 436.48 feet to the Point of Beginning. Containing 4.020 acres, more or less. 546 EXHIBIT "C" LEGAL DESCRIPTION OF PROPERTY TO BE CONVEYED BY FLORIDA TECH TO THE COUNTY UNDER RIGHT-OF-WAY DEED 02073544.v2 547 EXHIBIT "C" Slotcli acrd Legal Descriptlon for.INDIANRIVEER COUNT-' Legal Description Being a Parcel of land lying in the East 10 Acres of Government Lot 1 (The same being known as the Government Tracking Station) Section 20, Township 32 South, Range 40 East, Indian River County Florida, said parcel being more particularly described as follows: Commence at the Southwest corner of said Section 20; Thence North 89°43'34" East, along the South line of said Section 20, a distance of 347.03 feet to the Southwest comer of the East 10 Acres of said -Section 20, said point also being the Southwest comer of the aforementioned Government Tracking Station; Thence North 00°16'29" East, along the West line of the Said East 10 Acres and Government Tracking Station, a distance of 197.00 feet to the Point of Beginning of the following described Parcel: Thence continue North 00°16'29" East, a distance of 15.00 feet; Thence departing said West line, South 89012'31" East, a distance of 116.00 feet; "thence North 00°10'55" East, a distance of 35.00 feet; Thence South 89°12'31" East, a distance of 15.00 feet; Thence South 00910'55" West, a distance of 50.00 feet; Thence North 89°12'31" West, a distance of 131.03 feet to the aforementioned West line and the Point of Beginning. Containing 2490 Square Feet, more or less Surveyor's Notes 1), This Sketch and Legal Description was prepared with the benefit -of Boundary Survey prepared byCOR William B. Zentz & Associates, Inc., Job No.101-454, Dated November 21, 2008.2). This legal description shall not be valid unless:(a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description,(b) Reproductions of the description and sketch are not valid unless signed and sealed withan embossed surveyor's seat. 3). The Bearings shown hereon ate assumed and Referenced to the South line of Section 20, Township 32 South, Range 40 East. Said tine bears North 89"43`34" East and all others are relative thereto. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC Certification LLC = LIMITED LIABILITY COMPANY (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL O.R.B. = OFFICIAL RECORD BOOK RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) (P) = PLAT P.B. = PLAT BOOK 1 HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY PGE = PAGE SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID PBS = PLAT BOOK ST. LUCIE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND A =DELTA ANGLE BELIEF. SO. FT. = SQUARE FEET R = RANGE 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF R1W = RIGHT-OF-WAY PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF T = TOWNSHIP SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052FLO DA ADMINISTRATIVE CODE, T.M.F. = TRUSTEES OF THE INTERNAL IMPROVEMENTFUND PURS ANT O SECTION 472.027 FLORIDA STATE STA /_ iJ�A p S. TRS =TRUSTEES tU (tel C7 DATE OF SIGNATUFE-&AVIIYW.78CHRYVER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 AULNUT: INDIAN RIVER CCUWYo FL PUBLIC IWORAS D£Pi:/ENGINEERING DIY. r 61f81f8 _ V . A /NGL£TT SCALE:NIA APPROVED ASCHRYLER SHEET: > OF 2 Sketch and L egal Descrlptlorr for.• INDI4NR/I/ER COUNTY 548 EXHIBIT "C" (page 2) Sketch and L egal Description for. • INDIAN RI VES' cOUAI TY 32-40-20-00021-0000-00001.0 ' JEC FUNDING INC. I SITE ADDRESS: 5052 HIGHWAY AIA + 32-40-20-00000-0001-00003.0 O.R.B. 1773, PG. 548 INDIAN RIVER COUNTY SITE ADDRESS: 800 46th PLACE RIGHT-OF-WAY LINE 46th PLACE NOW 16'29"E 15.00— RIGHT-OF-WAY LINE o a O0 J } J cqcq oiaoa. o0Ln C,4 o30C14 p 0 W m pNX0='! sFZQO Q zn SOWNKST CORNER C11ON 20, T32S RdOE 9 T— sTN8943'34"E-347.03' 30 29 S WE ACRES Z Lo EAST SOUTHWEST CORNER GOVERNMENT TRACKING STATION S89'12'31 "E - 116 N89'12'31 "W - 131 32-40-20-00000-0001-00004.0 FLORIDA INSTITUTE OF TECHNOLOGY, INC. SITE ADDRESS: 805 46th PLACE O.R.B. 611, PG. 419 z a (A 0� oQ "w S89.12'31 "E X15.00' NOT TO SCALE SECTION 20, T32S, R40E GOVERNMENT LOT 1 Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST_ LUCIE WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SQ: FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R =RANGE O.R.B. = OFFICIAL RECORD BOOK RPN = RIGHT-OF-WAY (P) = PLAT T = TOWNSHIP P.B. = PLAT BOOK T.I.l.F.' = TRUSTEES OF THE INTERNAL PGE = PAGE IMPROVEMENTFUND TRS =TRUSTEES AGENCY: IN AN h'/Y£/;' G'oUNT°Y, FL PlJBL/C WOR,,KS XP- ,r./£NG/N££RWG DIY. 67118118 'J'* R. /NOL£TT Cf1AI C. I ADDDM727% Ov. 2 Of -2 vv Stretch and Legal Description for. INDIAN RIVER COUN77' Prepared By and Return To: R. Mason Blake, Esquire DEAN, MEAD ET AL. 7380 Murrell Road, Suite 200 Melbourne, Florida 32940 (321) 259-8900 EXHIBIT "D" FORM OF RIGHT-OF-WAY DEED RIGHT-OF-WAY DEED THIS INDENTURE is made this day of , 2018 by FLORIDA INSTITUTE OF TECHNOLOGY, INC., a Florida corporation not for profit (hereinafter referred to as the "Grantor"), whose address is 150 W. University Blvd., Melbourne, Florida 32901, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "Grantee"), whose address is , Vero Beach, Florida 32960. (Wherever used herein, the terms "Grantor" and "Grantee" ,include all thearties to this instrument, the heirs, legal representatives and assigns of individuals, and the successors and assigns of trustees, partnerships and corporations.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, paid, receipt of which is hereby acknowledged, does hereby remise, release and convey unto the Grantee that certain land, situate, lying and being in the County of Indian River, State of Florida, more particularly described in Schedule "A", attached hereto and incorporated herein by reference (hereafter referred to as the "Property"). This Right -of -Way Deed is made for the purpose of giving and granting to the Grantee, all of the Grantor's fee simple and other interests in and to the Property for public road purposes, public utilities and other public purposes. SUBJECT TO (a) zoning.and governmental restrictions, (b) easements, restrictions and reservations of record, (c) real estate taxes for the current year, and (d) any reservation of oil, gas and mineral rights. TO HAVE .AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident and/or appertaining thereto and all the estate, right, title and interest of Grantor forever. 02073544.v2 550 IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in FLORIDA INSTITUTE OF TECHNOLOGY, INC., the presence of: a Florida corporation not for profit Print Name: Print Name: �� 1F.I I M] Msil .111 D0 COUNTY OF By: _ Name: Title: The foregoing instrument was acknowledged before me this _ day of . 2018, by , as of FLORIDA INSTITUTE OF TECHNOLOGY, INC., a Florida corporation not for profit, on behalf of the corporation. Said person is (check one) ❑ personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: -10- 02073544.v2 551 ACCEPTANCE AND ACKNOWLEDGMENT 'The conveyance of Grantor's fee simple and other interest in the within described property for public road purposes, public utilities and other public purposes, is accepted by Indian River County. It is acknowledged that should Indian River County abandon all or any portion of the use of the property described in the within conveyance, that Indian River County shall grant a perpetual non- exclusive easement to Florida Tech, its successors and assigns, for ingress and egress over that portion of the property where the public use as a right-of-way has been abandoned. The Indian River County Property Appraiser's Office will be furnished a recorded copy of the within conveyance with a request to earmark any maps retained by the Property Appraiser's Office to reflect the conveyance and use of the property. INDIAN RIVER COUNTY ATTESTED: Jeffrey R. Smith, Clerk of Circuit By: By: Court and Comptroller Peter D. O'Bryan, Chairman Board of County Commissioners Deputy Clerk BCC approved: August 14, 2018 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY —10A - 552 SCHEDULE "A" LEGAL DESCRIPTION OF THE PROPERTY ME 02073544.v2 553 SCHEDULE "A" (page 1) SliretoIi aro' L ega/ Description for. INVIAN RIVER COUNTY Legal Description Being a Parcel of land lying in the East 10 Acres of Government Lot 1 (The same being known as the Government Tracking Station) Section 20, Township 32 South, Range 40 East, Indian River County Florida, said parcel being more particularly described as follows: Commence at the Southwest corner of said Section 20; Thence North 89°43'34" East, along the South line of said Section 20, a distance of 347.03 feet to the Southwest comer of the East 10 Acres of said Section 20, said point also being the Southwest comer of .the aforementioned Government Tracking Station; Thence North 00°1629" East, along the West line of the Said East 10 Acres and Government Tracking Station, a distance of 197.00 feet to the Point of Beginning of the following described Parcel: Thence continue North 00'1679" East, a distance of 15.00 feet; Thence departing said West line, South 89°12'31" East, a distance of 116.00 feet; Thence North 00°10'55" East, a distance of 35.00 feet; Thence South 89°12'31" East, a distance of 15.00 feet; Thence South 00"10'55" West, a distance of 50.00 feet; Thence North 89°12'31" West, a distance of 131.03 feet to the aforementioned West line and the Point of Beginning. Containing 2490 Square Feet, more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit -of Boundary Survey prepared by William B. Zentz.8, Associates, inc., Job No. 101-454, Dated November 21, 2008. �` v �' 2). This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the ��"� sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with A an embossed surveyor's seal. 3). The Bearings shown hereon are assumed and Referenced to the South line of Section 20, 40 , O� Township 32 South, Range 40 East. Said line bears North 89°4334" East and all others are relative thereto. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A. =DELTA ANGLE SO. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T = TOWNSHIP T.L.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENTFUND TRS =TRUSTEES Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL. BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLOFPDA ADMINISTRATIVE CODE, PURS AANNT TOSECTION472.027 FLORIDA STATE STAT S. DATE OF IGNATURE-ffAVI9W.7SCHRYVER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 AGENCY: IND/AN RIY£R COUNTY, FL RlIB1.10 WORAS D£P%/£NG/N££R1NG 011! 1'lAY'C. 111!SAtllM.I T]V- V", 6/16118 .... 4 . R. /NGL£TT SCALE: NIA APPROVED Bn:_srN .9yvr.9 11 1 OF 2 Sketch and Lega/Descriptlon for.• INDIANRIVER COUNTY SCHEDULE "A" (page 2) S'lretch and L epal Description for.- /NDIAN RIV R COU R 32-40-20-00021-0000-00001.0 JEC FUNDING INC. I SITE ADDRESS: 5052 HIGHWAY ALA I 32-40-20-00000-0001-00003.0 O.R.B. 1773, PG. 548 INDIAN RIVER COUNTY SITE ADDRESS: 800 46th PLACE RIGHT-OF-WAY UNE 46th PLACE N00° 16'29"E 15.00* Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS S89412'31 "E — 116.00' I TAINING 2490 SQ.FT.t PPOM RIGHT -OF WAY UNEN89'12'31 A =DELTA ANGLE "W — 131.03' = LENGTH OF ARC SO. -FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R BEG/NN1NG o a = OFFICIAL RECORD BOOK R/W = RIGHT-OF-WAY (P) = PLAT N = TOWNSHIP o}=Z = PIAT BOOK T.I.I.F.' 32-40-20-00000-0001-00004.0 o a =PAGE z8FLORIDA INSTITUTE OF TECHNOLOGY, INC. SITE ADDRESS: 805 46th PLACE �iw O.R.B. 611, PG. 419 00�^ If�� Z5:30 C6 O o W m NN SEC77ON 20, T32S, R40E g Q g o GOVERNMENT LOT 1 SOERHN£5T CORNER SECTION 2Q T32S, R40E 9 T— N89'43'34"E-347.03' 30 29 SOUT"WEST CORNER of THEEAST 10 ACRES GOVERNMENT LOT 1 ANC SOUTHWEST CORNER GOVERNMENT TRAC 0NG STATION S89.12'31 "E x15.00' NOT TO SCALE Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PSS I WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SO. -FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R = RANGE O.R.S. = OFFICIAL RECORD BOOK R/W NOT TO SCALE ALitNL;T: INDIAN RIVER COUNTY, FL PUBLIC WORKS D£Pr..1ZNG1N££R/NG DIX nATC. n%?A1Afd.1 ev. .. �. 6/18/18 ..' . -1. ,. R. /NGLETT SCALE:N/A APPROVED B7-grAIA)YVr,? :zaFz JOB NO: # Sketch and L ega/Description for INDIANAIIIIV R COUNTY Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PSS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SO. -FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R = RANGE O.R.S. = OFFICIAL RECORD BOOK R/W = RIGHT-OF-WAY (P) = PLAT T = TOWNSHIP P.B. = PIAT BOOK T.I.I.F.' = TRUSTEES OF THE INTERNAL PGE =PAGE IMPROVEMENT FUND TRS =TRUSTEES ALitNL;T: INDIAN RIVER COUNTY, FL PUBLIC WORKS D£Pr..1ZNG1N££R/NG DIX nATC. n%?A1Afd.1 ev. .. �. 6/18/18 ..' . -1. ,. R. /NGLETT SCALE:N/A APPROVED B7-grAIA)YVr,? :zaFz JOB NO: # Sketch and L ega/Description for INDIANAIIIIV R COUNTY EXHIBIT "E" LEGAL DESCRIPTION OF PROPERTY TO BE DEDICATED AND DESIGNATED BY COUNTY AS PUBLIC RIGHT-OF-WAY -12- 02073544.v2 556 4Skelch and L egal Descriptlon for.I/iNDIAN RIVER COUNTY Legal Description Being a Parcel of land lying in the East 10 Acres of Government Lot 1 (The same being known as the Government Tracking Station) Section 20, Township 32 South, Range 40 East, Indian River County Florida, said parcel being more particularly described as follows: Commence at the Southwest corner of said Section 20, Thence North 89°43'34"' East, along the South line of said Section 20, a distance of 347.03 feet to the Southwest corner of. the East 10 Acres of said Section 20, said point also being the Southwest corner of the aforementioned Government Tracking Station; Thence North 00°16'29" East, along the West line of the Said East 10 Acres and Government Tracking Station, a distance of 212.00 feet to the Point of Beginning of the following described Parcel: Thence continue North 00°16'29" East, a distance of 35.00 feet; Thence departing .said West line, South 89°12'31" East, a distance.of 115.94 feet; Thence South 00°10'55" West, a distance of 35.00 feet; Thence North 89°12'31" West, a distance of 116.00 feet to the aforementioned West line and the Point of Beginning. Containing 4045 Square Feet, more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of Boundary Survey prepared by William B. Zentz & Associates, Inc., Job No. 101-454, Dated November 21, 2008. 2). This legal description shall not be valid unless: (a) Provided In its entirety consisting of 2 sheets , with sheet 2 showing the Sketch of the description. (b) P.eproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. 3). The Bearings shown hereon are assumed and Referenced to the South tine of Section 20, Township 32 South, Range 40 East. Said line bears North 89°4334" East and all others are relative thereto, Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC Certification LLC = LIMITED LIABILITY COMPANY (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL O.R.B. = OFFICIAL RECORD BOOK RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) (P) = PLAT P.B. = PLAT BOOK 1 HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY PGE = PAGE SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID PBS = PLAT BOOK ST. LUCIE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND A =DELTA ANGLE BELIEF. SQ. FT. = SQUARE FEET R = RANGE I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF R/W = RIGHT-OF-WAY PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF T =TOWNSHIP SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FL IDA ADMINISTRATIVE CODE, T.I.I.F. = TRUSTEES OF THE INTERNAL PURS ANT TO SECTION 472.027 FLORIDA STATE ST IMPROVEMENTFUND TRS = TRUSTEES DAtrE OF SIGNATURE ! YVER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 AGtNC:T: SND/.4N /�'/YFR COU NTY,� FL PUBLIC WOWS DEPT./ENGINEERING MY. F- ­ 6/26/18 F--- .. � . R. Iwu-7-T I N/A OF 2 Sketch and Legal Description for.• INDIANR/1/ER COUNTY EXHIBIT "E" (page 2) S/retch and L egg/ Description fol-.- INDIAN RIVER COUNTY 32-40-20-00021-0000-00001.0 JEC FUNDING INC. SITE ADDRESS: 5052 HIGHWAY AtA O.R.B. 1773, PG. 548 RIGHT-OF-WAY UNE w c rn N L -i 46th PLACE o z RIGHT-OF-WAY UNE 32-40-20-00000-0001-00003.0 INDIAN RIVER COUNTY SITE ADDRESS: 800 46th PLACE S89° 12'31 "E — 115.94' N89'12'31 "W — 116.00 T OF AGtNGY: INA91 RIVEQ COU —y y FL PUOLIC W0i?KS DEPT./ENGINfZ-MNG O/I! 6/26/18 "' R E: APPROVED BY: N/A p„ T: JOB NO: 2 OF 2 SlretcI7 and Lega/Description .fora INDIAN RIVER COUNTY 558 32-40-20-00000-0001-00004.0 O FLORIDA INSTITUTE OF TECHNOLOGY, INC. F of SITE ADDRESS: 805 46th PLACE o r O.R.B. 611, PG. 419 0 - : C-4-4 o_} -t2 0 I a N) Z NOT r0 SCALE SECTION 20, T.32S, R40E 0 --j GOVERNMENT LOT 1 00 0 cq N�O=� r �o da¢O O 6z M � Z Zj 7� NW POINT OF COMMENCEMENT SOUTHWEST CORNER SECT" 20, 7325, R40E /20. Legend and Abbreviations 19 I.R.F.W.0-D_ = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A =DELTA ANGLE N89`43'34"E-347.03' L = LENGTH OF ARC SQ. FT. = SQUARE FEET SOUTH UNE SECTION 20 LLC = LIMITED LIABILITY COMPANY R = RANGE 30 29 SOUTHWEST CORNER OF THEEAs O.R-B- = OFFICIAL RECORD BOOK RNV = RIGHT-OF-WAY 10 ACRES GOVERNMENT LOT 1 AN (P) =PLAT T =TOWNSHIP SOUTHWEST CORNER GOVERNMENT P.B. = PLAT BOOK T.I.I.F. = TRUSTEES OF THE INTERNAL TRACKING STATION PGE = PAGE IMPROVEMENT FUND TRS =TRUSTEES AGtNGY: INA91 RIVEQ COU —y y FL PUOLIC W0i?KS DEPT./ENGINfZ-MNG O/I! 6/26/18 "' R E: APPROVED BY: N/A p„ T: JOB NO: 2 OF 2 SlretcI7 and Lega/Description .fora INDIAN RIVER COUNTY 558 EXHIBIT "F" LEGAL DESCRIPTION OF PROPERTY TO BE CONVEYED BY FLORIDA TECH TO COUNTY UNDER SPECIAL WARRANTY DEED -13- 02073544.v2 559 T "F" sketch and L egal Description for. -INDIAN RIVER COUNTY Legal Description Being a Parcel of land lying in the East 10 Acres of Government Lot 1 (The same being known as the Government Tracking Station) Section 20, Township 32 South, Range 40 East, Indian River County Florida, said parcel being more particularly described as follows: Commence at the Southwest comer of said Section 20; Thence North 89"43'34" East, along the South fine of said Section 20, a distance of 347.03 feet to the Southwest corner of the East 10 Acres of said Section 20, said point also being the Southwest comer of the aforementioned Government Tracking Station; Thence North 00*16'29" East, along the West line of the Said East 10 Acres and Government Tracking Station, a distance of 212.00 feet; Thence departing said West fine, South 89012'31" East, a distance of 116.00 feet; Thence North 00"10'55" East, a distance of 35.00 feet to the Point of Beginning of the following described Parcel: Thence continue North 00"10'55" East, a distance of 260.25 feet; Thence South 89°13'33" East, a distance of 30.00 feet; Thence South 45'28'41" West, a distance of 21,10 feet; Thence South 00"10'55" West, a distance of 245.26 feet; Thence North 89°12'31" West, a distance of 15.00 feet to the Point of Beginning. Containing 4016 Square Feet, more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of Boundary Surveys prepared by William B. Zentz & Associates, Inc., Job No. 101454, Dated November 21, 2008. 2). This legal description shall not be valid unless: (a) Provided In its entirety consisting of 2 sheets , with sheet 2 showing the .1 sketch of the description. L` (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyors seal. 3). The Bearings shown hereon are assumed and Referenced to the South line of Section 20, �4 OR , Township 32 South, Range 40 East. Said line bears North 89'43'34" East and all others are relative thereto. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T = TOWNSHIP T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND TRS =TRUSTEES Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FL IDA ADMINISTRATIVE CODE, PUR/S,UT��T j SECTION 472.027 FLORIDA STATE ST S. DA E OF tIGNATURE qHPYVER PROFESSIONAL SURV OR AND MAPPER FLORIDA CERTIFICATE NO. 4864 AGENCY: INVIAN RAIZ-, COUN%Y, fL PUBLIC WORA S D£PT.I£NGIN££R/NG DIV! „ y. 6/18/18 1--- ...... , , V ' . j, INGL£TT NIA p 08 N0: 1 OF 2 Sketch and L egal Description for. INDIANRIV R COUNT' EXHIBIT "F" (page L) sAetch and L egal Description for /NDIAN RI VER COUNTY RIGHT-OF-WAY UNE r� 0 89.12'31 "W Legend and Abbreviations � S89' 13'33"E-30.00' 15.00' I.R.F.W.C.D. = INDIAN RIMER FARMS I o� 1 46th PLACE WATER CONTROL DISTRICT N -H o� L = LENGTH OF ARC i- � C -4O SOUTH UNE SECTION 20 N u�i N N = RANGE 30 29 SOUTHWEST CORNER THE S89'12'31 "E - 116.00' = OFFICIAL RECORD BOOK R/W = RIGHT-OF-WAY OF EAST 10 ACRES GOVERNMENT LOT 1 AN o 0 13 32-40-20-00021-0000-00001.0 I o RIGHT-OF-WAY UNE JEC FUNDING INC.( = PLAT BOOK `t' = TRUSTEES OF THE INTERNAL SITE ADDRESS: 5052 HIGHWAY A1A ( 32-40-20-00000-0001-00003.0 ,j o b�y O.R.B. 1773, PG. 548 INDIAN RIVER COUNTY � z 2 32-40-20-00000-0001-00006.0 SITE ADDRESS: 800 46th PLACE zto FLORIDA INSTITUTE OF TECHNOLOGY, INC. d ANDROPOULOS FAMILY LLC. SITE ADDRESS: 805 46th PLACE SITE SITE ADDRESS: 5050 HIGHWAY A1A O "'� O POINT O.R.B. 2723, PG. 1329 w `fob .OF? RIGHT-OF-WAY UNE 0 89.12'31 "W Legend and Abbreviations SECTION 20, 1725 R40E 15.00' I.R.F.W.C.D. = INDIAN RIMER FARMS PBS o� 1 46th PLACE WATER CONTROL DISTRICT e =DELTA ANGLE o� L = LENGTH OF ARC SQ. FT. = SQUARE FEET SOUTH UNE SECTION 20 LLC = LIMITED LIABILITY COMPANY R = RANGE 30 29 SOUTHWEST CORNER THE S89'12'31 "E - 116.00' = OFFICIAL RECORD BOOK R/W = RIGHT-OF-WAY OF EAST 10 ACRES GOVERNMENT LOT 1 AN o 0 13 = PLAT T = TOWNSHIP RIGHT-OF-WAY UNE P.B. = PLAT BOOK a = TRUSTEES OF THE INTERNAL TRACKING STATION PGE = PAGE b�y o 32-40-20-00000-0001-00004.0 32-40-20-00000-0001-00006.0 N z FLORIDA INSTITUTE OF TECHNOLOGY, INC. ANDROPOULOS FAMILY LLC. SITE ADDRESS: 805 46th PLACE SITE SITE ADDRESS: 5050 HIGHWAY A1A i "'� 611, PG. 419 O.R.B. 2723, PG. 1329 w `fob N =~= SECTION 20, T32S, R40E r% GOVERNMENT LOT 1 z� q NOT TO SCALE COMMENCEMENT SOUTNNEST CORNER /2,0 Legend and Abbreviations SECTION 20, 1725 R40E I.R.F.W.C.D. = INDIAN RIMER FARMS PBS = PLAT BOOK ST. LUCIE 1 WATER CONTROL DISTRICT e =DELTA ANGLE N89'43'34"E-347.03' L = LENGTH OF ARC SQ. FT. = SQUARE FEET SOUTH UNE SECTION 20 LLC = LIMITED LIABILITY COMPANY R = RANGE 30 29 SOUTHWEST CORNER THE O.R.B_ = OFFICIAL RECORD BOOK R/W = RIGHT-OF-WAY OF EAST 10 ACRES GOVERNMENT LOT 1 AN (P) = PLAT T = TOWNSHIP SOUTHWEST CORNER GOVERNMENT P.B. = PLAT BOOK T.I.I.F. = TRUSTEES OF THE INTERNAL TRACKING STATION PGE = PAGE IMPROVEMENT FUND TRS =TRUSTEES AGENCY: INDIAN RIY£R COUNT?; FL PUBLIC W0RA-S DEPT/£NGIN££RING DIY! 46118/18 -'- NIA AN OB 2 OF 2 - R. INGL£TT N skelch and L egal Description for.• INDIAN RIVER COUNTY This instrument prepared by: R. Mason Blake, Esq. Dean Mead 7380 Murrell Road, Suite 200 Viera, Florida 32940 EXHIBIT "G" Form of Special Warranty Deed SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of the _ day of , 2018, by FLORIDA INSTITUTE OF TECHNOLOGY, INC., a Florida corporation not for profit (hereinafter referred to as the "Grantor"), whose address is 150 W. University Blvd., Melbourne, Florida 32901, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "Grantee"), whose address is , Vero Beach, Florida 32960. (Wherever used herein, the terms "Grantor" and "Grantee" include all thearties to this instrument, the heirs, legal representatives and assigns of individuals, and the successors and assigns of trustees, partnerships and corporations.) WITNESSETH: THAT GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, all of Grantor's right, title and interest in and to that certain real property situate, lying and being in Indian River County, Florida, more particularly described on Schedule "A", attached hereto and incorporated herein by reference (hereinafter referred tows the ".Property"). TOGETHER with all the tenements, .hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against no others; and that the Property is free of all encumbrances, except: zoning and other requirements -14- 02073544.v2 562 imposed by governmental authority; easements and other matters of public record, if any, the foregoing mention of which will not serve to reimpose same; and taxes accruing subsequent to December 31, 2017. IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF FLORIDA COUNTY OF FLORIDA INSTITUTE OF TECHNOLOGY, INC., a Florida corporation not for profit By: Name: Title: The foregoing instrument was acknowledged before me this day of , 2018, by , as , of FLORIDA INSTITUTE OF TECHNOLOGY, INC., a Florida corporation not for profit, on behalf of the corporation. Said person is (check one) ❑ personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: -15- 02073544.v2 563 ACCEPTANCE The within conveyance is accepted by Indian River County. ATTESTED: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk APPROVED Aa TO FORM AND LEGAL SUFFICIE B"( 43�—LAN REINCOL.D COUNTY ATTORNEY INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman Board of County Commissioners BCC approved: August .14, 2018 — 15A — 564 SCHEDULE "A" LEGAL DESCRIPTION OF THE PROPERTY 02073544.v2 565 SCHEDULE "A" (page 1) Sketch and Lega/DeScription for.IND/ANRIVER C®UN7-Y Legal Description Being a Parcel of land lying in the East 10 Acres of Government Lot 1 (The same being known as the Government Tracking Station) Section 20, Township 32 South, Range 40 East, Indian River County Florida, said parcel being more particularly described as follows: Commence at the Southwest comer of said Section 20; Thence North 89°43'34" East, along the South line of said Section 20, a distance of 347.03 feet to the Southwest corner of the East 10 Acres of said Section 20, said point also being the Southwest comer of the aforementioned Government Tracking Station; Thence North 00"16'29" East, along the West line of the Said East 10 Acres and Govemment Tracking Station, a distance of 212.00 feet; Thence departing said West line, South 89°12'31" East, a distance of 116.00 feet; Thence North 00"10'55" East, a distance of 35.00 feet to the Point of Beginning of the following described Parcel: Thence continue North 00'10'55" East, a distance of 260.25 feet; Thence South 89013'33" East, a distance of 30.00 feet; Thence South 45°28'41" West, a distance of 21.10 feet; Thence South 00"10'55" West, a distance of 245.26 feet; Thence Notch 8901231" West, a distance of 15.00 feet to the Point of Beginning. Containing 4016 Square Feet, more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of Boundary Surveys prepared by p 1 v William B. Zentz & Associates, Inc, Job No. 101-454, Dated November 21, 2008. C� 2). This legal description shall not be valid unless: ` (a) Provided In its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with • an embossed surveyors seal, 3). The Bearings shown hereon are assumed and Referenced to the South line of Section 20, 40 % d Township 32 South, Range 40 East. Said line bears North 89"43'34" East and all others are relative thereto. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE o =DELTA ANGLE SO. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP T.I.I.F; = TRUSTEES OF THE INTERNAL IMPROVEMENTFUND TRS =TRUSTEES Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE -FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FL IDA ADMINISTRATIVE CODE, PURSU T T ( SECTION 472.027 FLORIDA STATE ST $. DATE OF SIGNATURE A I H VER PROFESSIONAL SURV OR AND MAPPER FLORIDA CERTIFICATE NO. 4864 AGENCY: IN AN RIVER COUNTY, FL PURL/C WORKS DEPT./£NG/NEER/NC DIV — 6/18/18 j-'-'-- - " R. /NGL£TT I :4 1 OF 2 Sketch and L eqa/ Description for. /ND/ANRIVER COUNTY SCHEDULE "A" (page 2) , `ketch andlega/Description ror./NDIANRIVER COY,,VTY- RIGHT-OF-WAY LINE I S89'1333"E-30.00' . da ry "o cn 0 15.00' I b0 46th PLACE F- N N ui vii N S89'12731 "E - 116.00' 32-40-20-00021-0000-00001.0 0 JEC FUNDING INC. I RICHT-OF-WAY UNE SITE ADDRESS: 5052 HIGHWAY AIA I 32-40-20-00000-0001-00003.0 3 O.R.B. 1773, PG. 548 INDIAN RIVER COUNTY u')r7-:1 ' u) I SITE ADDRESS: 800 46th PLACE O 0 0 t;32-40-20-00000-0001-00004.0 32-40-20-00000-0001-00005.0 CA z 0 ANDROPOULOS FAMILY LLC, 0 o POINTOFZv0i i '"- 0_R.B: 611, PG. 419 O.R.B. 2723. PG. 1329 RIGHT-OF-WAY LINE 0 89.12'31 "W cn 0 15.00' b0 46th PLACE m S89'12731 "E - 116.00' 0 RICHT-OF-WAY UNE 'zQ 0 0 t;32-40-20-00000-0001-00004.0 32-40-20-00000-0001-00005.0 CA z FLORIDA INSTITUTE OF TECHNOLOGY, INC. ANDROPOULOS FAMILY LLC, SITE ADDRESS: 805 46th PLACE SITE ADDRESS: 5050 HIGHWAY AIA i '"- 0_R.B: 611, PG. 419 O.R.B. 2723. PG. 1329 1 o- SECTION 20, T32S, R40E GOVERNMENT LOT 1 Z'Wp NOT TOSCALE POINT OF COMMENCEMENT> SOU774 ST COMER S? ON 20, 73A R40E /20N89'43'34"E-347.03' L2gend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PSS = PLAT BOOK ST. WCIE 1 WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET SOUTH LINE SECTION 20\\ LLC = LIMITED LIABILITY COMPANY R = RANGE 30 29 SOUTHWM CORNER of THe E LST l O.R.B. = OFFICIAL RECORD BOOK RAW = RIGHT-OF-WAY 10 ACRES GOVERNMENT LOT t AN (P) = PLAT T = TOWNSHIP SOUTHWM CORNER GOVERNMENT P.B. = PLAT BOOK T.I.I.F. = TRUSTEES OF THE INTERNAL TRACKING STATION PGE = PAGE IMPROVEMENT FUND TRS =TRUSTEES AGENCY: /ND/AN MY£R COUNTY, FL PUBVC WORKS 0FPr..1£N6lN££R1NG VIX DATE: DRAWN BY: 6/18/18 R. /NGLE?T SCALE: APPROVED BY: N/A D..SCHRYYER SHEET:OB N0: 2 OF 2 fnwn sketch and Lega/Description 'for INDIAN RIVER COUNTY EXHIBIT "H" LEGAL DESCRIPTION OF VEGETATIVE BUFFER EASEMENT AREA -17- 02073544.v2 EXHIBIT "H" (page 1) Sketch and L egal Description for.INleIAN RIVER COUNTY Legal Description Being a Parcel of land lying in the East 10 Acres of Government Lot 1 (The same being known as the Government Tracking Station) Section 20, Township 32 South, Range 40 East, Indian River County Florida, said parcel being more particularly described as follows: Commence at the Southwest comer of said Section 20; Thence North 89°43'34" East, along the South line of said Section 20, a distance of 347.03, feet to the Southwest corner of the East 10 Acres of said Section 20, said point also being the Southwest comer of the aforementioned Government Tracking Station; Thence North 00°16'29" East, along the West line of the Said East 10 Acres and Government Tracking Station, a distance of 212.00 feet; Thence departing said West line, South 89°12'31" East, a distance of 116.00 feet; Thence North 00'10'55" East, a distance of 295.25 feet; Thence South 89°13'33" East, a distance of 30.00 feet to the Point of Beginning of the following described Parcel: Thence continue -South 89°13'33" East, a distance of 161.58 feet, more or less, to the Seaward most location of the vegetated dune; Thence meander Southerly along the said vegetated dune line a distance of 26.0 feet, moreor less to point lying 25.00 South of, as measured at right angles to the previously described course; Thence departing said vegetated dune line, North 89°13'33" West, a distance of 182.03 feet, more or less to a point; Thence North 000 10'55" East, a distance of 10.00 feet; Thence North 45°28'41" East, a distance of 21.10 feet to the Point of Beginning. Containing 4370 Square Feet, more or less Surveyor's Notes �l VFX 1). This Sketch and Legal Description was prepared with the benefit of Boundary Survey prepared by William B. Zentz & Associates, Inc., Job No. 101-454, Dated November 21.2008_ 2). This legal description shall not be valid unless: 9- (a) .(a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with �L OQ` an embossed surveyor's seal. OR, 3). The Bearings shown hereon are assumed and Referenced to the South line orsection 20, Township 32 South, Range 40 East. Said line bears North 89'43'34" East and all others are relative thereto. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SO._ FT. = SQUARE FEET R = RANGE RIW = RIGHT-OF-WAY T =TOWNSHIP T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND TRS = TRUSTEES Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 F IDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE ST ES. 9 . _ DA OP SIGNATURE DAVID W. SCk YVER PROFESSIONAL SURVER AND MAPPER FLORIDA CERTIFICATE NO. 4864 AGENCY: INOIAN RIVER 0011N7r FL PL/®L/C WORKS ®£PTZ NG/NEER/NG D/i! �... �. 6/29/18 ......,,, . .� , . R. I /NGL£TT_ NSA 1 OF 2 Sketch and Legal Description for. INDIAN RIVER COUNTY EXHIBIT "H" (page 2) SketCh 9/70(Z 6?gg1 D gSCri3Otion for,- INDIAN RIVER COUNTY Legend and Abbreviations I.R.F.W.C.D. POINT OF 32-40-20-00000-0001-00003.0 = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A INDIAN RIVER COUNTY L = LENGTH OF ARC SQ. FT. BEGINNING SITE ADDRESS: 800 46th PLACE o ¢ R =RANGE S8913'33"E = OFFICIAL RECORD BOOK o = RIGHT -0F -WAY (P) 30.00 S89' 13'33"E - 161.58': r OI = P.B. = PLAT BOOK T.I.I.F. = TRUSTEES OF THE INTERNAL U =PAGE IMPROVEMENT FUND PROPOSED VEGETATIVE BUFFER (F.I.T.) OZ ? _ d 1 =TRUSTEES N45*28'41 "E/ CONTAINING 4 0 SS61.Ff of z in C14 1 21.10' / ` Vr orton o nv1 - o N89'13'33"W - 182.03': ow�m N O CV it 1 00 10 0) rn r I � < `14 w SEAWARD MOST LOCATION c!, 1 � OF THE VEGETATED DUNE >h W L � O o o SECTION 20, T32S, R40E Z T z GOVERNMENT LOT 1 146th PLACE o r C6 < � J � J p L< optgr 00 O CV On - Of OE ujm 04w0 �ZQO LV S89'12'31 "E 116.00' 32-40-20-00000-0001-00004.0 FLORIDA INSTITUTE OF TECHNOLOGY, INC. SITE ADDRESS: 805 46th PLACE O.R.B. 611, PG. 419 NOT TO SCALE N89'43'34"E 34703' SOUTHWEST CORNER OF THE EAST 10 ACRES GOVERNMENT LOT 1 AND 19 _ 20 /-TROACIHWE ST CORNER GOVERNMENT 30 \ 29 SOUTH%EST CORNER SECTION 20, TJ2S, R4W AGENCY: INDIAN RIVER GCOUNT'Y, FL PUBLIC WORkS D£P7.'IL- OIN££R/NG OIV. 6/29/18 j.,......,. R. INGL£TP I A 2 OF 2 1 FOB NO: Sketch and Legl Descrlptlon for, INDIAN RIVER COUNTY Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A =PELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R =RANGE O.R-B. = OFFICIAL RECORD BOOK R11N = RIGHT -0F -WAY (P) = PLAT T = TOWNSHIP P.B. = PLAT BOOK T.I.I.F. = TRUSTEES OF THE INTERNAL PGE =PAGE IMPROVEMENT FUND TRS =TRUSTEES N89'43'34"E 34703' SOUTHWEST CORNER OF THE EAST 10 ACRES GOVERNMENT LOT 1 AND 19 _ 20 /-TROACIHWE ST CORNER GOVERNMENT 30 \ 29 SOUTH%EST CORNER SECTION 20, TJ2S, R4W AGENCY: INDIAN RIVER GCOUNT'Y, FL PUBLIC WORkS D£P7.'IL- OIN££R/NG OIV. 6/29/18 j.,......,. R. INGL£TP I A 2 OF 2 1 FOB NO: Sketch and Legl Descrlptlon for, INDIAN RIVER COUNTY EXHIBIT "P' FORM OF VEGETATIVE BUFFER EASEMENT This Instrument Prepared By And To Be Returned To: R. Mason Blake, Esquire DEAN MEAD 7380 Murrell Road, Suite 200 Melbourne, Florida 32940 (321) 259-8900 VEGETATIVE BUFFER EASEMENT THIS VEGETATIVE BUFFER EASEMENT (hereinafter referred to as the "Agreement") is made the _ day of , 2018, by FLORIDA INSTITUTE OF TECHNOLOGY, INC., a Florida corporation not for profit (hereinafter referred to as "Grantor"), to INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in Indian River County, Florida, as more particularly described in Schedule "A", attached hereto and incorporated herein by reference (hereinafter referred to as the "Florida Tech Property"); WHEREAS, Grantee is the owner of that certain real property adjacent to the Florida Tech Property and located in Indian River County, Florida, as more particularly described in Schedule `B", attached hereto and incorporated herein by reference (hereinafter referred to as the "County Property"); and WHEREAS, Grantor has agreed to grant to Grantee a vegetative buffer easement over that portion of the Florida Tech Property more particularly described in Schedule "C", attached hereto and incorporated herein by reference (hereinafter referred to as the "Vegetative Buffer Area"), on the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises, the sum of Ten and No/l00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby covenant and agree as follows: 1. Vegetative Buffer Easement. Grantor does hereby grant, convey and confirm to Grantee a vegetative buffer easement in perpetuity over the Vegetative Buffer Area of the nature 02073544.v2 571 and character and to the extent hereinafter set forth (the "Vegetative Buffer Easement"). The purpose of the Vegetative Buffer Easement is to assure that the Vegetative Buffer Area will be retained forever as a vegetative buffer along the northern boundary of the Florida Tech Property adjacent to the County Property. The Vegetative Buffer Easement granted hereunder is a negative easement, and nothing herein shall give Grantee any right to use, possess or enter upon the Vegetative Buffer Area or any portion thereof. This instrument does not grant, and shall not be construed to grant, any rights of any kind or nature whatsoever to the general public. 2. Prohibited Uses. Any activity on or use of the Vegetative Buffer Area inconsistent with the purpose of this Vegetative Buffer Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, except as authorized by the prior written consent of the Grantee: (a) Construction or placing buildings or other structures on or above the ground; (b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials; (c) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to adversely affect the use of the Vegetative Buffer Area as a vegetative buffer; and (d) Surface use, except for purposes that permit the land area to remain predominantly in a vegetative condition. 3. Reserved Rights. Grantor reserves unto itself, and its successors and assigns, all rights accruing from its ownership of the Vegetative Buffer Area, including the right to engage in or permit or invite others to engage in all uses of the Vegetative Buffer Area that are expressly provided herein and are not inconsistent with the purpose of this Vegetative Buffer Easement. Without limiting the generality of the foregoing, Grantor expressly retains to itself, the right to engage in the following: (a) The installation, maintenance repair and replacement of landscaping and vegetation in the Vegetative Buffer Area. The term "maintenance" for purposes of this subsection includes without limitation (i) the removal of dead vegetation; (ii) pruning or removal of hazardous or undesired trees and plants; (iii) the application of permeable materials necessary to correct or impede erosion (e.g., sand, gravel, crushed stone, etc.); and (iv) the application of fertilizers, pest control substances and related material commonly used in gardens and other vegetative areas; (b) The installation, maintenance repair and replacement of irrigation and other improvements related to the care and maintenance of the Vegetative Buffer Area. (c) The construction, installation, maintenance, repair and replacement of a fence or wall along the northern boundary of the Vegetative Buffer Area; -19- O2073544.v2 572 (d) The construction, installation, maintenance, repair and replacement of underground utilities beneath the Vegetative Buffer Area; (e) The placement and maintenance of "no trespassing" signage relating to any reasonable point of access along the site perimeter, including existing or constructed trail roads or firebreaks, in accordance with Florida trespass law; and (f) The placement and maintenance of garden pathways, benches, birdhouses and feeders, and similar recreational improvements within the Vegetative Buffer Area. 4. Grantee's Discretion. Grantee may enforce the terms of this Vegetative Buffer Easement at its discretion, but if Grantor breaches any term of this Vegetative Buffer Easement and Grantee does not exercise its rights under this Vegetative Buffer Easement, Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this Vegetative Buffer Easement, or of any of the Grantee's rights under this Vegetative Buffer Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy to be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Vegetative Buffer Easement. 5. Grantee's Liability. Grantor will assume all liability for any injury or damage to the person or property of third parties that may occur on the Vegetative Buffer Area arising from Grantor's ownership of the Vegetative Buffer Area. Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee liable for any damage or injury to any person or personal property that may occur on the Vegetative Buffer Area. 6. Acts Beyond Grantor's Control. Nothing contained in this Vegetative Buffer Easement shall be construed to entitle Grantee to bring any action against. Grantor for any injury to or change in the Vegetative Buffer Area resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Vegetative Buffer Area resulting from such causes. 7. Recordation. Grantor shall record this Vegetative Buffer Easement in a timely fashion in the Official Records of Brevard County, Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Vegetative Buffer Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Vegetative Buffer Easement in the public records. 8. Covenants Running With the Land. The rights, agreements, duties, obligations and easements set forth in this Agreement shall run with the land and shall be binding upon and benefit the parties hereto and their respective successors, assigns, legal representatives, successors -in -title. 9 Modifications. This Agreement may be amended only by a written instrument executed and acknowledged by the owners of all parcels of real property benefiting from and/or -20- 02073544.v2 573 burdened by the easement or easements, or rights and duties related thereto, being modified in any way by such amendment. 10. Governing Law. The laws of the State of Florida shall govern this.Agreement. Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions hereof IN WITNESS WHEREOF, Grantor has caused this instrument to be executed under seal by its duly authorized representative as of the day and year above first written. Signed, sealed and delivered FLORIDA INSTITUTE OF TECHNOLOGY, INC., in the presence of a Florida corporation not for profit Print Name: Print Name: STATE OF FLORIDA COUNTY OF By: Name: Title: The foregoing instrument was acknowledged before me this _ day of , 2018, by as of FLORIDA INSTITUTE OF TECHNOLOGY, INC., a Florida corporation not-for-profit, on behalf of the corporation. Said person is (check one) ❑ personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: -21- 02073544.v2 574 ACCEPTANCE The within conveyance of Vegetative Buffer Easement is accepted by Indian River County. INDIAN RIVER COUNTY ATTESTED: Jeffrey R. Smith, Clerk of Circuit By: Court and Comptroller Peter D. O'Bryan, Chairman Board of County Commissioners By: Deputy Clerk BCC approved: August 14, 2018 APPROVS0 AS TO FORM AND LEGAL SUFFICIENCY BY LAN REINGOLD COUNTY ATTORNEY 575 — 21A — SCHEDULE "A" LEGAL DESCRIPTION OF FLORIDA TECH PROPERTY -22- 02073544.x2 576 SCHEDULE "A" Being a parcel of land lying in the East 10:acres of: Government Lot 1 (the same being known as t46 -.�overninent Tracking Station), Section 20, Township 32 South, Raage 40 East, Indian River County, Florida. The boil is y 'of said parcel being more particularly described as follows: From the Southwest corner of said Section 20, run North 89 degrees 42 minutes 15 seconds East along the Section line, 346.80 feet, more or less, to a conciete..mo_nument marking the Southwest corner of the aforesaid Government Trackfiij-Station for the Point of Beginning of :the parcel to be:herein described; thence run 'North 0 degrees 13'minutes.1,5, seconds East along the West line of said Tracking .Station, 212.00 feet to a concrete monument; thence run South 89 degrees 15 minutes 45 seconds East, 116.00 feet to a concrete monument; thence run 'North 0 degrees 13 minutes 15 seconds East, 295.20 feet to a concrete monment; thence run South 89 degrees 15 minutes 45 seconds East 18A.28 feet to a concrete monument; thence continue South 89 degrees 15 minutes 45 seconds East, 46 feet, more or less to the Mean High Water Line of the Atlantic Ocean; thence run Southeasterly along the Mean High Water Line, 519 feet,. -more or less to the South line of said Section 20; thence run South 89 degrees 42 minutes 15 seconds West along the Section line, 47 feet to a concrete monument; thence continue South 89 degrees 42 minutes 15 seconds West on the same line 436.48 feet to the Point of Beginning. Containing 4.020 acres, more or less. 577 SCHEDULE "B" LEGAL DESCRIPTION OF COUNTY PROPERTY, -23- 02073544.v2 SCHEDULE "B" (page 1) As a point of reference, commence at the. southwest corner of said Section:201 run thence 8 69*4512511 E along the South line of said Sect -Lon 20, a distance of 349.14 - feet to a concrete monument- t - bona& N 0*131 1060 feet to the point of beginning or the property hereby conveyed; from said point of beginning, continue N 0'131151, E_ 350 feet to a point; thence S 89*45125-- E, go feet, more or loss, to tiro mean high water line of the Atlantic ocean; thence meander In a southeasterly direction 375 feet, more or less, to a line that Is paral- lel and 1000 feet north of the South line of said Section 201 thence N 09*451251, w, 208 feet, more or less, to a line that Is paral- lel and 349.14 feet east of the west line of said Section 20 ancl the point of beginning, containing 1.21 acres, more or less. SCHEDULE "8" (page 2) IVARCII* VIC" Being a parcel of land lying in the East jO acres of CoVernment. Lot I (the same being 'known as, the Government Tracking. SCation)_., Section 20, Township 32 Souch:Range-4O East, Indian River" County, Florida. The boundary -of said parcel being more particularly described as follows:- From the Southwest coiner V of said Section 20, run -North 89'42'15" East along the Section line_346.80 feet, more or.less. ..td,.-a'..concrete monument marking the Southwest corner of the aforesaid Covern'llient Tracking 9,6iion; thence run North- 0'13' 15" Ease' aloft the West line of gaid Tracking Station, 2I1'.*(Y0:r'0vL,,t10 'a concreee •monumcnt -for the. Point of Beginning of t6�'-be"-berein'-d4cstribed: thence continue North 0*13'15" 1-.*.ast alofig . the same -line, IM 00 feet to a concrete monument'; thence'run South- 89'45'25" ..%Z -11c 208,00 feet, more or lc.ss,to the Mean Ijirh Water Line of the! Atlantic l)Cc.jj-t-, tbenee run Southwesterly along the Mean jU6 It Water Une, 514.00 feet, thence run North 89'15'45" West, 46.00 feet, more or 10sa to a concrete nw5inmiesit which is 25 feet, more, or less West Of'-thc:Ocean Bluff line; thence continue North 89'15'45" 14CSL oil ChIL—same line. 184.28 feet to a 'concrete monument; thOlea cut' Sou0i,l" 13'15" West 295.20 feet to a Concrete monument; Chvitce ram North 89*15'45" West, 1.16.00 feet to the Point of Be&inn-ing4 Containing 4.020 acres, more MI (hat Lr;ivL or 1:111d Iyill,)". and hying ill Govel-1111lont Lot 1, Section 20, Township 32 South, Range 40 Fast, Tallahassee Meridian, Indi-an RiVQC CUUHLY, Florida, and more particularly Jcseribcd as ft)1low.;: SCHEDULE "B" (page 3 illc on - rth-,­' So n h . . .1 u , e commencIng at a concrot:-e"i_fi6h'6 and 349.14 fcot S 89*45'25" :E or the -4odtliw6s orhor"-dV-said Section 20, and ata jand oiiied .ln­-Ive-hy the'Uni.ted States of Tricking An hek; Thence N 00*13'15" r along the lio:jidn* ofAi '. ,fill lin i to(f 'Sbtes tract and zithsoquentiv ;0onp, the lzcrtintlary of .1 tract of land convoyed to Indlan Riv e of Amorfrn by dated 24:Angust 1970;_ndfiq'tancc of 1350.0 foot ',to :1 ­lrji6r Of 'Nnid tracts lncl 'the VOINT OF BECINNING. Thence continuc. \1 00"13' 1`5"' United States tract 340 feet, more or 1"s, to A point whidh is on the mean lilgi,i water llne tif the Atlantic Ocean, and at .1 vorner of soltl linitt-d SGztes tract;.. ...... ..... Thence SoutheasterlyVifter ...... line WhIch IS JIO"gtlie'i:ib"()"tli.ld-.,I*f- race", y 350 feet, more S9°45' 5" E fro M-' -i lie; point -".,o :1 , wginning: 'zt -a -corner of said- II'lited States tract -all -at a* e6rner of said Indian River County trnrt: Thence N 39"45'25" 111 .ifd*1'1'"-'cliff -t�6ilhnary :of said United States - tract which is Snld Indinn:.-River County tract '90 feet;_'ifiord-.d"r -46 -:C6,kalnins 0.'33 'Lif and being a portion of Tract "A" of Vero lVeA&i: fiicklfig ?Annex.' SCHEDULE "C" LEGAL DESCRIPTION OF VEGETATIVE BUFFER AREA -24- 02073544.v2 WE SCHEDULE "C" (page 1) Sketch and L&gal Description for,INleIANRIVER COUNTY Legal Description Being a Parcel of land lying in the East 10 Acres of Government Lot 1 (The same being known as the Government Tracking Station) Section 20, Township 32 South, Range 40 East, Indian River County Florida, said parcel being more particularly described as follows: Commence at the Southwest comer of said Section 20; Thence North 89°43'34" East, along the South line of said Section 20, a distance of 347.03 feet to the Southwest corner of the East 10 Acres of said Section 20, said point also being the Southwest comer of the aforementioned Government Tracking Station; Thence North 00°16'29" East, along the West line of the Said East 10 Acres and Government Tracking Station, a distance of 212.00 feet; Thence departing said West line, South 89°12'31" East, a distance of 116.00 feet; Thence North 00°10'55" East, a distance of 295.25 feet; Thence South 89°13'33" East, a distance of 30.00 feet to the Point of Beginning of the following described Parcel: Thence continue South 89°13'33" East, a distance of 161.58 feet, more or less, to the Seaward most location of the vegetated dune; Thence meander Southerly along the said vegetated dune line a distance of 26.0 feet, more or less to point lying 25.00 South of, as measured at right angles to the previously described course; Thence departing said vegetated dune line, North 89°13'33" West, a distance of 182.03 feet, more or less to a point; Thence North 00° 10'55" East, a distance of 10.00 feet; Thence North 45"2841" East, a distance of 21.10 feet to the Point of Beginning. Containing 4370 Square Feet, more or less Surveyor's Notes �1 V 1). This Sketch and Legal Description was prepared with the benefit of Boundary Survey prepared by William B. Zentz & Associates. Inc., Job No. 101-454, Dated November 21, 2008- 2). This legal description shall not be valid unless: . (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and seated with Q` an embossed s/urveyor's seal. �` OR \ Q 3). The Bearings shown hereon are assumed and Referenced to the South line or section 20, Township 32 South, Range 40 East. Said line bears North 89'4334' East and all others are relative thereto. Leqend and Abbreviations I. R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RAN = RIGHT-OF-WAY T = TOWNSHIP T.H.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND TRS =TRUSTEES Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 F IDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE ST UES. j �a O DA OP SIGNATURE DAVID W. S ffYVER PROFESSIONAL SURVE%R AND MAPPER FLORIDA CERTIFICATE NO. 4864 AGENCY: INDIAN RIMED COUNTY, FL PURVO WORAS DEPT./ENG/NMR/NG D/t! 18 NIA 1 OF 2 Sketch and Legal Description fora INDIANRf'VER COUNTS' R� SCHEDULE "C" (page 2) Sketch and L opal Descriptior7 for,- INDIAN RI V R COUNTY PONT OF 32-40-20-00000-0001-00003.0 INDIAN RIVER COUNTY BEGINNING SITE ADDRESS: 800 46th PLACE 146th PLACE o r < odr J oJ3N 0 O�0oq 'o QO N apWm Nw-01% aZQO .r ,Q » Fn Fn N89'43'34"E 347.03'--, 19 20 S89'12'31 "E 116.00' R1 S89'1 3'33"E - 30.00' -... S89' 13'33"E - 161.58'± 45'28'41 "E/ 21.10' / o N89' 13'33"W -= 182.03'± N O SEAWARD MOST LOCATION ir> OF THE VEGETATED DUNE Lu LnO SECTION 20, T32S, R40E ZT z GOVERNMENT LOT 1 32-40-20-00000-0001-00004.0 FLORIDA INSTITUTE OF TECHNOLOGY, INC. SITE ADDRESS: 805 46th PLACE O.R.B. 611, PG. 419 -'� Legend andAbbrevia6ons z I.R_F.W.C.D. = INDIAN RIVER FARMS PBS e- WATER CONTROL DISTRICT fl FT' L = LENGTH OF ARC RQ. LLC = LIMITED LIABILITY COMPANY RT/W O.R.B_ = OFFICIAL RECORD BOOK F- (P) = PLAT T.U.F. A.B. = PLAT BOOK PGE = PAGE $ TRS SOUTHWEST CORNER OF THE EAST 10 ACRES GOVERNMENT LOT 1 AND SOUTHWEST CORNER GOVERNMENT TRACKING STATION 30 \ 29 _POINT Or -- COMMENCEMENT SOUTHWEST CORNER S£CnON 20, 132S, R40E AGENCY: LND/AN R/Y£R COUN7Y FL P118L/C WORKS D£-PT./£NG/N££R1NG D/{! 6/29/18 " v R. /NGL£TT APPROVED BY: N/A o SCHRMI-A 08 NO: 2 OF 2 90.10 NOT TO SCALE = PLAT BOOK ST. LUCIE =DELTA ANGLE = SQUARE FEET = RANGE = RIGHT-OF-WAY = TOWNSHIP = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND =TRUSTEES Sketch and Legal Descrlptlon for' INDIANRIV R COUNTY LEGAL DESCRIPTION OF BEACH EASEMENT AREA _2S- 02473544.Y2 Sketch and L egal Description for -INDIAN RIVER COUNTY Legal Description Being a Parcel of land lying in the East 10 Acres of Government Lot 1 (The same being known as the Government Tracking Station) Section 20, Township 32 South, Range 40 East, Indian River County Florida, said parcel being more particularly described as follows: Bounded on the North by the North line of those lands as described in Official Record Book 611, Page 419 of the Public Records of Indian River County, Florida; Bounded.on the East, by the mean high water line of the Atlantic Ocean; Bounded on the South by the south line of those lands as described in Official Record Book 611, Page 419, of the Public Records of Indian River County, Florida. And Bounded on the West by the Seaward most location of the Vegetated Dune. Containing 55,788 Square Feet, (1.28 acres) more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of Boundary Survey prepared by William B. Zentz & Associates, Inc., Job No. 101-454, Dated November 21, 2008. 2). This legal description shall not be valid unless: �` U (a) Provided in its entirety consisting of 2 sheets, with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with r an embossed surveyor's seal. 6 3). The Bearings shown hereon are assumed and Referenced to the South line of Section 20, �t OR t9 Township 32 South, Range 40 East. Said line bears North 89°4334" East and all others are relative thereto. Legend and Abbreviations 1.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC Certification LLC = LIMITED LIABILITY COMPANY (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL O.R.B. = OFFICIAL RECORD BOOK. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) (P) = PLAT P.B. = PLAT BOOK 1 HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY PGE = PAGE SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID Pas = PLAT BOOK ST. LUCIE SKETCH AND LEGAL 1S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND A=DELTA ANGLE BELIEF. SQ. FT. = SQUARE FEET R = RANGE 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF RNV = RIGHT -0F -WAY PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF T = TOWNSHIP SURVEYORS AND MAPPERS IN CHAPTER W-17.052 FLORIDA ADMINISTRATIVE CODE, T-I.I.F. = TRUSTEES OF THE INTERNAL PURSU T TO SECTION 472.027 FLORIDA STATE STATT. IMPROVEMENT FUND e TRS =TRUSTEES DATE OF SIGNATURED C R R PROFESSIONAL SURVEYO ND MAPPER FLORIDA CERTIFICATE NO.- 4864 AEitNC,T: r4JV RIVE' COIN)r)e IY PUNIC WORKS DZ-Pr,1£NG/N££RING 0/3! 8 I _ .. v . g 11V0L£7T A f OF 2 sketch and L egal Description for.• INDIANR(IMER COUNTY EXHIBIT "J" (page 2) and L egal Descriptlon for INDIAN RIVER COUIV i`Y 46th PLACE 32-40-20-00000-0001-00003.0 INDIAN RIVER COUNTY SITE ADDRESS: 800 46th PLACE S89'12'31 "E 116.00' o FLORIDA INSTITUTE OFTECHNOLr co Q 0 J I.R.F.W.C.D. OJS'N � r =DELTAANGLE �r WATER CONTROL DISTRICT SO. FT. a. L = LENGTH OF ARC OONO_ d0 to C4 J i, I zu) 0 O O M Z 10 r- N'rOf� O 0 O d Z Q 1 (.> W Oj = TOWNSHIP NSD re = PLAT I o0 = TRUSTEES OF THE INT O Q d = PLAT BOOK 1 N IMPROVEMENT FUND n � I I 46th PLACE 32-40-20-00000-0001-00003.0 INDIAN RIVER COUNTY SITE ADDRESS: 800 46th PLACE S89'12'31 "E 116.00' o FLORIDA INSTITUTE OFTECHNOLr co Q 0 J I.R.F.W.C.D. OJS'N O w3 =DELTAANGLE �r WATER CONTROL DISTRICT SO. FT. a. L = LENGTH OF ARC R d0 to C4 J i, is cz cq 0 to t �2 N'rOf� O raiz d Z Q zl i = TOWNSHIP (P) = PLAT I0 = TRUSTEES OF THE INT P.B. N89'43'34'E 347.03' 19 20 i 30 29 - S89`13'33"E� 191.58'± ,1 NORTH LINE OF THE F.I.T. PARCEL OFFICIAL RECORD BOOK 611, PAGE 41 it) k -_ N L6 LV 1 W ,`n NOT TO SCALE 0 r 0 z SECTION 20, T32S, R40E GOVERNMENT LOT ) 32-40-2D-00000-0001-00004.0 FLORIDA INSTITUTE OF TECHNOLOGY, INC. SITE ADDRESS: 805 46th PLACE O.R.B. 611, PG. 419 SOUTH LINE OF THE F.I.T. PARCEL OFFICIAL RECORD BOOK 611, PAGE 419 top = _ Leaend and Abbreviations F.I.T. FLORIDA INSTITUTE OFTECHNOLr = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS =DELTAANGLE WATER CONTROL DISTRICT SO. FT. = SQUARE FEET L = LENGTH OF ARC R = RANGE LLC = LIMITED LIABILITY COMPANY RIW = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT T.I.I.F. = TRUSTEES OF THE INT P.B. = PLAT BOOK IMPROVEMENT FUND PGE =PAGE TRS =TRUSTEES SOUTHWEST CORNER OF THE EAST 40 ACRES GOVERNMENT LOT 1 AND SOUTHWEST CORNER GOVERNMENT TRACKING STATION AtitNL;T: INDIAN RIPER COUNTY, FL PlISLIC WORKS DrPr..1£NG/NM- 1NG DlY. DATE. 6/29/16 1 DRAWN BY: R_ /IVGL£TT -- N/A SHEET: OB NO: 2 OF 2 Sk491017 and Legal Desorlption for• INDIAN AVV R COUNTY EXHIBIT "K" FORM OF BEACH EASEMENT Perpetual Beach Management and Assessment Easement Grantor: Florida Institute of Technology, Inc. 150 W. University Blvd. Melbourne, FL 32901-6988 Grantee: Indian River County, Florida, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida 32960 Date: , __J1 2018 In consideration of the sum of one dollar ($1.00) and other valuable considerations, receipt of which is acknowledged, Grantor grants to Grantee, its agents, successors and assigns, an assignable perpetual easement and right-of-way in, on, over and across the land described in Schedule "A" for use by the Board of County Commissioners of Indian River County, Florida ("County"), its representatives, agents, contractors, and assigns, to construct; preserve; patrol; operate; maintain; repair, rehabilitate; and replace; a public beach and dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, including the right to deposit sand; to accomplish any alterations of contours on said land; to construct berms and dunes; to nourish and renourish periodically; to move, temporarily store and remove equipment and supplies; to erect and remove temporary structures (as used herein, the words "temporary structures" does not include buildings of any kind); and to perform any other work necessary and incident to the construction, periodic renourishment, maintenance, and implementation of the Indian River County's Beach Preservation Plan, together with the right of public use and access for recreational purposes, including, but not limited to normal use of the sandy beach area for beach swimming, sunbathing and other traditional beach recreational activities only on the portion of Granter's property described in Schedule "A"; to protect and monitor nesting marine turtles and hatchlings from the adverse effects of anthropogenic activity as required by the Florida Fish and Wildlife Conservation Commission Marine Turtle Permit issued to the County and the County Habitat Conservation Plan in order to provide for overall improvement in nesting habitat and to increase successful nesting activities and production of hatchlings on the beaches located in the state of Florida; to salvage for the purpose of protecting public health and welfare; to plant vegetation on said dunes and berms; to facilitate preservation of dunes and vegetation (provided, however that the Grantor shall retain the right to construct one or more dune crossovers provided all applicable federal, state, and local permits and approvals for any such crossovers are obtained); to remove from said land debris and obstructions within the limits of the easement; and further reserving to the Grantor, its successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject however to existing easements for -26- 02073544.J2 RE public utilities and pipelines. None of the easement rights granted hereunder are intended to give the Grantee, and shall not be construed or deemed to give the Grantee, the right to prohibit or restrict the Grantor and its successors and assigns from using and enjoying the sandy portion of the beach within the land described in Schedule "A" for recreational purposes in the same mariner and to the same extent as members of the general public are entitled to use beach areas within the County for recreational purposes. IN WITNESS WHEREOF, Grantor has herein set its hand and seal the day and year written above. Signature: Printed Name: Witness Signature Printed Name Witness Signature Printed Name Notary Insert HERE 02073544.v2 (Grantor) -27- 589 ACCEPTANCE The within conveyance of Beach Easement is accepted by Indian River County. INDIAN RIVER COUNTY ATTESTED: Jeffrey R. Smith; Clerk of Circuit By: Court and Comptroller Peter D. O'Bryan, Chairman Board of County Commissioners By: Deputy Clerk BCC approved: August 14, 2018 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY _ DYLAN REINGOLD COUNTY ATTORNEY 590 — 27A — SCHEDULE "A" sketch and L epal Descripfion for. I INDIAN RIVER COUNTY Legal Description Being a Parcel of land lying in the East 10 Acres of Government Lot 1 (The same being known as the Government Tracking Station) Section 20, Township 32 South, Range 40 East, Indian River County Florida, said parcel being more particularly described as follows: Bounded on the North by the North line of those lands as described in Official Record Book 611, Page 419 of the .Public Records of Indian River County, Florida; Bounded. on the East, by the mean high water line of the Atlantic Ocean; Bounded on the South by the south line of those lands as described in Official Record Book 611, Page 419, of the Public Records of Indian River County, Florida. And Bounded on the West by the Seaward most location of the Vegetated Dune. Containing 55,788 Square Feet, (1.28 acres) more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of Boundary Survey prepared by William B. Zentz & Associates, Inc., Job No. 101-454, Dated November 21, 2008. 2). This legal description shall not be valid unless: �� V (a) Provided in its entirety consisting of 2 sheets. with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. 3). The Bearings shown hereon are assumed and Referenced to the South line of Section 20, �C nR Township 32 South, Range 40 East. Said line bears North 89°43'34" East and all others are relative thereto. Leqend and Abbreviations 1.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC Certification LLC = LIMITED LIABILITY COMPANY {NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL O.R.B. = OFFICIAL RECORD BOOK RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) (P) = PLAT P.B. = PLAT BOOK I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY PGE = PAGE SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID PBS = PLAT BOOK ST. LUCIE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND =DELTA ANGLE BELIEF. SO. FT. = SQUARE FEET R = RANGE I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF RAN = RIGHT-OF-WAY PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF T = TOWNSHIP SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, T.Lf.F. = TRUSTEES OF THE INTERNAL PURSU T TO SECTION 472.027 FLORIDA STATE STA IMPROVEMENT FUND i/, e TRS =TRUSTEES o DATE OP SIGNATURE , OD-W�.SCHRYVIfIl PROFESSIONAL SURVEYOR -AND MAPPER FLORIDA CERTIFICATE N0.4864 AGENCY: IND/AN RIVZR COUNTY, FL PUDL/C WORKS MPTIMMINEZR/NG DIX 18 - R. IMGLE"TT lV/A > OF 2 sketch and L egal Description Mr. INDIAN R//VfR COUNTY 591 li C, 0 p(ju) a CD 00�y0 z I Dori oz'n� 0U..� o''- cn i Qom � LLJ NOf I QO 0 Q I N 46th PLACE SCHEDULE "A" ( page 2 ) and L egal .Description fora INDIAN RIVER COUNTY 32- 40-20-00000-0001-00003.0 INDIAN RIVER COUNTY SITE ADDRESS: 800 46th PLACE S89'13'33"EA 191.58'± .� NORTH UNE OF THE F.I.T. PARCEL OFFICIAL RECORD BOOK 611, PAGE 41 S89'12'31 "E 116.00' 0 FLORIDA INSTITUTE OFTECHNOLtBA' (6 Q 0 I.R.F.W.C.D. = INDIAN RIVER FARMS m 10 N a } *<- WATER CONTROLDISTRICT ON of u. O Q- 010 I z 0 UO') cMv `��, w << cel '-RC = RANGE LLC aoLam NOfQ� D� O��z c>000 ¢ Z�?O Q c� = TOWNSHIP (P) N89'43'34"E 347 03' 19 _ 20� 30 29 NOT TO SCALE SECTION 20, T32S, R40E GOVERNMENT LOT 1 32-40-2G-00000-0001-00004.0 FLORIDA INSTITUTE OF TECHNOLOGY, INC. SITE ADDRESS: 805 46th PLACE O.R.B. 611, PG. 419 SOUTH -UNE OF THE F.I.T. PARCEL OFFICIAL RECORD BOOK 611, PAGE 419 Legend and Abbreviations 0 Z F.I.T. FLORIDA INSTITUTE OFTECHNOLtBA' = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS =DELTAANGLE WATER CONTROLDISTRICT SQ. FT. = SQUARE FEET L = LENGTH OF ARC R = RANGE LLC = LIMITED LIABILITY COMPANY R/W = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT T.I.I.F. = TRUSTEES OF THE INT P.B. = PLAT BOOK IMPROVEMENT FUND PGE = PAGE TRS =TRUSTEES SOUTHWEST CORNER OF THE EAST 10 ACRES GOVERNMENT IAT t AND SOUTHWEST CORNER GOVERNMENT TRACKING STATION AUtNL:T: INDIAN RIMER 001IN7Z R PlIZ UC WORA-S DEPT./£NG/N£E'/?IN0 DJ{! - - 6/29/1 R INGL£TT SCALE: APPROVED BY: N/A I n wirA) 2 OF 2 1 }JOB NO: S1649t&7 and L egal Description for. INDIA IV RIVER COUNTY RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR USE AS RIGHT- OF-WAY, AND TO REQUEST THAT THE INDIAN RIVER COUNTY PROPERTY APPRAISER EARMARK ANY MAPS WITHIN THE PROPERTY APPRAISER'S OFFICE TO REFLECT THIS DESIGNATION. WHEREAS, on August 14, 2018 Indian River County (County) entered into an "Agreement Concerning Access and Other Rights Under 1980 Agreement" with Florida Institute of Technology, Inc., a Florida corporation not for profit (Florida Tech) where it was agreed upon, among other things, that the County would designate the use of its property described in Exhibit "A" attached hereto, as public right-of-way for the extension of 46th Place; and WHEREAS, it was further agreed that should County abandon all or any portion of the use of the property described in the attached Exhibit "A" as a public right-of-way, that County shall grant a perpetual non-exclusive easement to Florida Tech, its successors and assigns, for ingress and egress over that portion of the property where the public use as a right-of-way has been abandoned; and WHEREAS, the intent of the County is to now earmark by a formal document that the use of the property described in the attached Exhibit "A" is for public right-of-way for the extension of 46th Place; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this property as right-of-way identified in the attached 1 593 RESOLUTION NO. 2018 - Exhibit "A" so that the Indian River County Property Appraiser can earmark the use of the property as right-of-way on the appropriate maps, in order to avoid any confusion in later years, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The use of the property as described and depicted on the attached Exhibit 'A" is hereby formally designated as a public right-of-way for the extension of 46th Place; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is requested to earmark any maps within the Property Appraiser's Office to reflect the use of the property described in Exhibit "A" as a public right-of-way designation. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 594 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2018 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY., FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 0 Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICI - Y BY= REINGOLD COUNTY ATTORNEY Peter D. O'Bryan, Chairman 3 595 .Sh-&V7 anti L egal l)escrlptlon for. /NL IAN RI VER COUNTY Leqa! Description Being a Parcel of land lying in the East 10 Acres of Government Lot 1 (The same being known as the Government Tracking Station) Section 20, Township 32 South, Range 40 East, Indian River County Florida, said parcel being more particularly described as follows: Commence at the Southwest comer of said Section 20; Thence North 89°43'34" East, along the South line of said Section 20, a distance of 347.03 feet to the Southwest corner of the East 10 Acres of said Section 20, said point also being the Southwest corner of the aforementioned Government Tracking Station; Thence North 00°16'29" East, along the West line of the Said East 10 Acres and Government Tracking Station, a distance of 212.00 feet to the Point of Beginning of the following described Parcel: Thence continue North 00°16'29" East, a distance of 35.00 feet; Thence departing said West fine, South 89'12'31" East, a distance of 115.94 feet; Thence South 00°10'55" West, a distance of 35.00 feet; Thence North 89°12'31" West, a distance of 116.00 feet to the aforementioned West line and the Point of Beginning. Containing 4045 Square Feet, more or less Surveyor's (Votes 1). This Sketch and Legal Description was prepared with the benefit of Boundary Survey prepared by William B. Zentz 8, Associates, Inc., Job No. 101454, Dated November 21, 2008. 2). This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets, with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. 3). The Bearings shown hereon are assumed and Referenced to the South line of Section 20, Township 32 South, Range 40 East. Said line bears North 89°4334" East and all others are relative thereto. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC Certification LLC = LIMITED LIABILITY COMPANY (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL O.R.B. = OFFICIAL RECORD BOOK RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) (P) = PLAT P.B. = PLAT BOOK I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY PGE = PAGE SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID PBS = PLAT BOOK ST. LUCIE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND A. =DELTA ANGLE BELIEF. SQ. FT. = SQUARE FEET R = RANGE I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEET S THE STANDARDS OF RNV = RIGHT-OF-WAY PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF T = TOWNSHIP SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FL IDA ADMINISTRATIVE CODE, T.LLF. = TRUSTEES OF THE INTERNAL PURS ANT TO SECTION 472.027 FLORIDA STATE ST IMPROVEMENT FUND i ( TRS =TRUSTEES +'Oc� ) DA E O SIGNATURE r YVER PROFESSIONAL SURVE R AND MAPPER FLORIDA CERTIFICATE NO. 4864 AGENCY: INA91AN !NEER COZI Tr R PUMIC WORAS ®I-Pr./ENGINCERINc 01Y >B j ,..... "' _ " R. /NGLE"TT 1 Or 2 slretc% and Legal Descrlption far, INDIANRlVER COUNTY EXHIBIT "A" AoV7 and L ega/ Doscription fol INDIAN RIVER COUNTY 32-40-20-00021-0000-00001.0 ' JEC FUNDING INC. I SITE ADDRESS: 5052 HIGHWAY AIA 32-40-20-00000-0001-00003.0 O.R.B. 1773, PG. 548 INDIAN RIVER COUNTY SITE ADDRESS: 800 46th PLACE _RIGHT-OF-WAY UNE S89" 12'31 "E - 115.94' W O N p (A1 O C¢ CONTAINING 4059 SO.FT.t 46th PLACE o Z NN 12'31 "W - 116.00' RIGHT-OF-WAY LINE 0 a c6 a O J i J 01 OJ�� O = U o<0a 0 0 � N o -j r- =) Oi C'4 O 00-C = 0] N0e- OZQo �¢. C14 V5 POINT OF' SOUTHWEST CORNER SECTM 20, T32S, R40E i g w /20 30 29 SOUTHWEST CORNER OF THE EAST 10 ACRES GOVERNMENT LOT 1 ANC SOUTHWEST CORNER GOVERNMENT TRACKING STATION Legend and Abbreviations I.R.F.W.C.D_ 32-40-20-00000-0001-00004.0 1 z FLORIDA INSTITUTE OF TECHNOLOGY, INC. aF SITE ADDRESS: 805 46th PLACE A O.R.H. 611, PG. 419 % Z = LENGTH OF ARC SO. FT. = SQUARE FEET 8Z NOT TO SCALE z SECTION 209 T32S, R40E ^o GOVERNMENT LOT 1. N ul = RIGHT-OF-WAY � �o =PLAT o6 zw = TOWNSHIP Z 3w = PLAT BOOK T.I.I.F. = TRUSTEES OF THE INTERNAL �4 =PAGE IMPROVEMENT FUND 30 29 SOUTHWEST CORNER OF THE EAST 10 ACRES GOVERNMENT LOT 1 ANC SOUTHWEST CORNER GOVERNMENT TRACKING STATION Legend and Abbreviations I.R.F.W.C.D_ = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SO. FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R =RANGE O.R.B. = OFFICIAL RECORD BOOK R/W = RIGHT-OF-WAY (P) =PLAT T = TOWNSHIP P.B. = PLAT BOOK T.I.I.F. = TRUSTEES OF THE INTERNAL PGE =PAGE IMPROVEMENT FUND TRS =TRUSTEES AGENCY: INDIAN AMER COUN77 FL PUBLIC WORA-S Of-Pr.1L- /GINZl-R11VG ®/ls .. 6/26118 v . , , v . R. INA,67T I 4 2 OF 2 sketch and L &gal Description for. INDIAN/?Y ER C®UNT)l Exhibit For.' INDIANRIVER COUNTYPUBUC WORKS DEPARTMENT INUTAn nrvtn couNIT EXHIBIT ,ao1z,n,s� DEPARTMENT OF PUBLIC WORKS „, m a.INeLEtt "� 10 "A ^'' FLORIDA INSTITUTE OF TECHNOLOGY PARCEL a VEROOEACN, FL J20E0 .gwwn79 wcs __- - fmAs"C4MW ENGINEERING DIVISION F +g:- 0. ..ecRPoF NA 1040 SECTION 20, T32S, R40E 1 598 �' FN CONC£sSrOVSAYINOL+N RhFR LOUNIY � `j�'.• ®aFnCEI •F•.ox �E��Eac,vFv oEdGrroNPn C1COxrFpa+c. ,z •: caNrrssmNSRr�.ownnmsnnmoo�FCFinaocv '`i ®aF+cm.r.+raroecn+,m^.a+..+anlc,.ro+v+l I. Cwrt,wm,c }5111 SgMFe reE rl [ ' Y� aF+cEi r. Fr � s,ma Fm cwrm+cLm acaano*ol rt c rce tWrnrr+,fO.GfF ROtv/IE FCEr. ®aYGfl'n'.a+npt60 Y]VEMrnfrvE dirCn,nGF,rlil•=Ovi•en,ro +S RrRWeF seA, INUTAn nrvtn couNIT EXHIBIT ,ao1z,n,s� DEPARTMENT OF PUBLIC WORKS „, m a.INeLEtt "� 10 "A ^'' FLORIDA INSTITUTE OF TECHNOLOGY PARCEL a VEROOEACN, FL J20E0 .gwwn79 wcs __- - fmAs"C4MW ENGINEERING DIVISION F +g:- 0. ..ecRPoF NA 1040 SECTION 20, T32S, R40E 1 598 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant. County Attorney County Attorney's Matters - B. CC 8.14.18 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 8, 2018 SUBJECT: Florida Public Service Commission Hearing ATTORNEY Docket No. 20170235 -EI - Petition by Florida Power & Light Company (FPL) for authority to charge FPL rates to former City of Vero Beach customers and for approval of FPL's accounting treatment for City of Vero Beach transaction. Docket No. 20170236 -EU Joint petition to terminate territorial agreement, by Florida Power & Light and the City of Vero Beach. BACKGROUND. On July 2, 2018, the Florida Public Service Commission (PSC) entered a proposed agency action (PAA) order that authorized Florida Power & Light Company (FPL) to charge FPL rates to the City of Vero Beach (COVB) customers, approved the termination of FPL and COVB's territorial agreement, approved recovery through base rates a $116.2 million positive acquisition adjustment, and, with regard to the short- term power purchase agreement between FPL and OUC, approved recovery of the energy portion of the charges through the Fuel and Purchased Power Cost Recovery Clause and approved recovery of the capacity charges component through the Capacity Cost Recovery Clause. Subsequently, petitions to challenge the PPA order were filed by the Civic Association of Indian River County, Inc., the Florida Industrial Power Users Group, Michael Moran, and Brian Heady. On July 25, 2018, the PSC issued an Order Establishing Procedure, which is attached, that states that the PAA order is null and void and sets a de novo hearing for October 10-11. Per the Order Establishing Procedure, the schedule for the proceeding is as follows: (1) Utility's supplemental testimony and exhibits August 6, 2018 (2) Issue Identification Meeting August 27, 2018 (3) Intervenors' testimony and exhibits September 7, 2018 (4) Staff's testimony and exhibits, if any September 14, 2018 (5) Utility's rebuttal testimony and exhibits September 24, 2018 (6) Prehearing Statements September 26, 2018 (7) Discovery deadline October 2, 2018 (8) Prehearing Conference October 3, 2018 599 F:W11—yDL d.1GEAERALIB C CWgnxd.M-1PSC In¢rvew—d- Board of County Commissioners August 8, 2018 Page Two (9) Hearing (10) Briefs October 1041, 2018 October 19, 2018 Currently, there are several parties of record in the combined matters, which include in alphabetical order, Brian T. Heady, City of Vero Beach, Civic Association of Indian River County, Inc., Florida Industrial Power Users Group, Florida Power & Light Company, Michael Moran, and the Office of Public Counsel. Additionally, Representative Erin Grall and the Town of Indian River Shores are listed as interested parties. Although Indian River County had not requested to intervene or be a party in the initial proceeding, the County Attorney's Office believes that in order to support the City of Vero Beach and represent the ratepayers in the unincorporated areas of Indian River County, the Indian River County Board of County Commissioners (Board) should seek to intervene to participate in the process. If the Board decides to intervene and the PSC grants the request, the Board will be subject to the timelines and requirements set forth in the Order Establishing Procedure. These will include being subject to discovery requests and attending the mandatory meetings and hearings. Additionally, it may require working with outside counsel through the process. FUNDING. The funding for participation in the matter will come from the MSTU Fund. RECOMMENDATION. The County Attorney's Office recommends that the Board vote to approve the filing to intervene in the matter and authorize the County Attorney's Office to work with outside counsel Floyd Self throughout the process. ATTACHMENT(S). PSC Order Establishing Procedure F:%A0omeylUnda%G&YZW0 CCUgendaM masTSCJnfemenhmdoe 600 FILED 7/25/2018 DOCUMENT NO. 04878-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition by Florida Power & Light Company (FPL) for authority to charge FPL rates to former City of Vero Beach customers and for approval of FPL's accounting treatment for City of Vero Beach transaction. In re: Joint petition to terminate territorial agreement, by Florida Power & Light and the City of Vero Beach. I. Case Background DOCKET NO. 20170235 -EI DOCKET NO. 20170236 -EU ORDER NO. PSC -2018 -0370 -PCO -EU ISSUED: July 25, 2018 ORDER ESTABLISHING PROCEDURE Florida Power & Light Company (FPL) and the City of Vero Beach (COVB) negotiated an agreement for the purchase and sale of COVB's electric utility assets. While the Florida Public Service Commission does not have jurisdiction over the purchase and sale agreement, FPL petitioned the Commission to authorize FPL to charge its rates and charges to the former COVB customers and approve FPL's proposed accounting treatment to reflect the agreement. In addition, FPL and COVB filed a joint petition to terminate their territorial agreement. By Order No. PSC -2018 -0336 -PAA -EU, issued July 2, 2018, the Florida Public Service Commission entered a proposed agency action (PAA) order that authorized FPL to charge its rates to the COVB customers, approved termination of FPL and COVB's territorial agreement, approved recovery through base rates of a positive acquisition adjustment of $116.2 million, and, with regard to the short-term power purchase agreement between FPL and OUC, approved recovery of the energy portion of the charges through the Fuel and Purchased Power Cost Recovery Clause and approved recovery of the capacity charges component through the Capacity Cost Recovery Clause. The Commission has received four petitions requesting hearings on its PAA order: The Civic Association of Indian River County, Inc. filed its amended petition on July 20, 2018, and the Florida Industrial Power Users Group, Mr. Michael Moran, and Mr. Bill Heady filed petitions on July 23, 2018. Accordingly, our PAA order is null and void and a de novo hearing is set for October 10-11, 2018, to consider the petitions. This Order is issued pursuant to the authority granted by Rule 28-106.211, Florida Administrative Code (F.A.C.), which provides that the presiding officer before whom a case is pending may issue any orders necessary to effectuate discovery, prevent delay, and promote the just, speedy, and inexpensive determination of all aspects of the case. 601 ORDER NO. PSC -2018 -0370 -PCO -EU DOCKET NOS. 20170235 -EI, 20170236 -EU PAGE 2 II. General Filing Procedures Filings pertaining to this docket must comply with Rule 28-106.104, F.A.C. Filing may be accomplished electronically as provided in the Commission's Statement of Agency Organization and Operation and the E -Filing Requirements link, posted on our website, www.floridal2sc.coin. If filing via mail, hand delivery, or courier service, the filing should be addressed to: Office of Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850 The Commission strongly encourages electronic filing, which is available from the Commission's Horne Page under the Clerk's Office menu and Electronic Filing web form. The filing party is responsible for ensuring that no information protected by privacy or confidentiality laws is contained in any electronic document. To the extent possible, when making an electronic filing, an electronic copy of all filings shall also be provided to parties .and Commission staff in Microsoft Word format and all schedules shall be provided in Microsoft Excel format with formulas intact and unlocked. III. Issues for Hearin As to whether the petitioners alleged sufficient facts to demonstrate their standing, the most efficient process under the circumstances is to take evidence on the issue of standing during the course of the scheduled hearing. The remaining issues, as raised in the petitions, will be formulated during the issue identification process and during the parties' issue identification meeting as scheduled in Section IX, and finalized during the prehearing conference. IV. Prefiled Testimony and Exhibits Each party shall file all testimony and exhibits that it intends to sponsor, pursuant to the schedule set forth in Section IX of this Order. Testimony and exhibits may be filed electronically. If filing paper copies, an original and 15 copies of all testimony and exhibits shall be filed with the Office of Commission Clerk by 5:00 p.m. on the date due. A copy of all prefiled testimony and exhibits shall be served electronically or by regular mail, overnight mail, or hand delivery to all other parties and staff no later than the date filed with the Commission. Failure of a party to timely prefile exhibits and testimony from any witness in accordance with the foregoing requirements may bar admission of such exhibits and testimony. The dimensions of each page of testimony shall be 8 %2 x 11 inches. Each page shall be consecutively numbered and double spaced, with 25 numbered lines per page and left margins of 602 ORDER NO. PSC -2018 -0370 -PCO -EU DOCKET NOS. 20170235 -EI, 20170236 -EU PAGE 3 at least 1.25 inches. If filing paper copies of the testimony, all pages shall be filed on white, unglossed, three -holed paper and shall be unbound and without tabs. Each exhibit sponsored by a witness in support of his or her prefiled testimony shall be: (1) Attached to that witness' testimony when filed; (2) If filing paper copies, on three -holed paper, unbound, and without tabs; (3) Sequentially numbered beginning with 1 (any exhibits attached to subsequently filed testimony of the same witness shall continue the sequential numbering system); (4) Identified in the upper right-hand corner of each page by the docket number, a brief title, and the witness' initials followed by the exhibit's number; and (5) Paginated by showing in the upper right-hand corner of each page the page number followed by the total number of pages in the exhibit. An example of the information to appear in the upper right-hand corner of the exhibit is as follows: Docket No. 20012345 -EI Foreign Coal Shipments to Port of Tampa Exhibit BLW-1, Page 1 of 2 After an opportunity for opposing parties to object to introduction of the exhibits and to cross -.examine the witness sponsoring them, exhibits may be offered into evidence at the hearing. V. Discovery Procedures A. General Requirements Discovery shall be conducted in accordance with the provisions of Chapter 120, Florida Statutes (F.S.), and the relevant provisions of Chapter 366, F.S., Rules 25-22, 25-40, and 28-106, F.A.C., and the Florida Rules of Civil Procedure (as applicable), as modified herein or as may be subsequently modified by the Prehearing Officer. Unless subsequently modified by the Prehearing Officer, the following shall apply: (1) Discovery shall be completed by October 2, 2018. (2) Discovery requests and responses shall be served by e-mail, hand delivery, or overnight mail, and electronic service is encouraged., Discovery served via e-mail shall be limited to 5 MB per attachment, shall indicate how many e-mails are being sent related to the discovery (such as 1 of 6 e-mails), and shall be numbered sequentially. Documents provided in response to a document request may be provided via a CD, DVD, or flash drive if not served electronically. (3) Each electronic discovery response shall be given a separate electronic file name that is no longer than 60 characters. 603 ORDER NO. PSC -2018 -0370 -PCO -EU DOCKET NOS. 20170235 -EI, 20170236 -EU PAGE 4 (4) Sets of interrogatories, requests for admissions, requests for production of documents, or other forms of discovery shall be numbered sequentially in order to facilitate identification. (5) Within each set, discovery requests shall be numbered sequentially, and any discovery requests in subsequent sets shall continue the sequential numbering system. (6) For discovery requests made prior to the filing of the utility's rebuttal testimony, discovery responses shall be served within 20 days (inclusive of mailing) of receipt of the discovery request. For discovery requests related to matters addressed in the utility's rebuttal testimony, discovery responses shall be served within 10 days of receipt of the discovery request. (7) Each page of every document produced pursuant to requests for production of documents shall be identified individually through the use of a Bates Stamp or other equivalent method of sequential identification. Parties should number produced documents in an unbroken sequence through the final hearing. (8) Copies, whether hard copies or electronic, of discovery requests and responses shall be served on all parties and Commission staff. In addition, copies of all responses to requests for production of documents shall be provided to the Commission staff at its Tallahassee office unless otherwise agreed. (9) Parties shall file in the Commission Clerk's Office a notice of service of any interrogatories or requests for production of documents propounded and associated responses in this docket, giving the date of service and the name of the party to whom the discovery was directed. Unless subsequently modified by the Prehearing Officer, the following shall apply: (1) Interrogatories, including all subparts, shall be limited to 100. (2) Requests for production of documents, including all subparts, shall be limited to 100. (3) Requests for admissions, including all subparts, shall be limited to 100. When a discovery request is served and the respondent intends to seek clarification of any portion of the discovery request, the respondent shall request such clarification, within 5 days of service of the discovery request. For discovery requests served after the date for rebuttal testimony, such clarification must be requested within 2 days. This procedure is intended to reduce delay in resolving discovery disputes. B. Confidential Information Provided Pursuant to Discovery Any information provided to the Commission staff pursuant to a discovery request by the staff or any other person and for which proprietary confidential business information status is requested pursuant to Section 366.093, F.S., and Rule 25-22.006, F.A.C., shall be treated by the Commission as confidential. The information shall be exempt from Section 119.07(1), F.S., pending a formal ruling on such request by the Commission or pending return of the information to the person providing the information. If no determination of confidentiality has been made 604 ORDER NO. PSC -2018 -0370 -PCO -EU DOCKET NOS. 20170235 -EI, 20170236 -EU PAGE 5 and the information has not been made a part of the evidentiary record in this proceeding, it shall be returned to the person providing the information. If a determination of confidentiality has been made and the information was not entered into the record of this proceeding, it shall be returned to the person providing the information within the time period set forth in Section 366.093, F.S. The Commission may determine that continued possession of the information is necessary for the Commission to conduct its business. Redacted versions of confidential filings may be served electronically, but in no instance may confidential information be electronically submitted. If the redacted version is served electronically, the confidential information (which may be on a CD, DVD, or flash drive) shall be filed with the Commission Clerk via hand -delivery, U.S. Mail, or overnight mail on the day that the redacted version was served via e-mail. When a person provides information that it maintains as proprietary confidential business information to the Office of Public Counsel pursuant to a discovery request by the Office of Public Counsel or any other party, that party may request a temporary protective order pursuant to Rule 25-22.006(6)(c), F.A.C., exempting the information from Section 119.07(1), F.S. When a party other than the Commission staff or the Office of Public Counsel requests information through discovery that the respondent maintains as proprietary confidential business information, or when such a party would otherwise be entitled to copies of such information requested by other parties through discovery (e.g., interrogatory responses), that party and respondent shall endeavor in good faith to reach agreement that will allow for the exchange of such information on reasonable terms, as set forth in Rule 25-22.006(7)(b), F.A.C. VI. Prehearing Procedures A. Prehearing Statements All parties in this docket and the Commission staff shall file a Prehearing Statement pursuant to the schedule set forth in Section X of this Order. Each Prehearing Statement shall be filed with the Office of Commission Clerk by 5:00 p.m. on the date due. A copy, whether paper or electronic, of the Prehearing Statement shall be served on all other parties and staff no later than the date it is filed with the Commission. Each party's Prehearing Statement shall set forth the following information in the sequence listed below: (1) The name of all known witnesses whose testimony has been prefiled or who may be called by the party, along with subject matter of each such witness' testimony and the corresponding issue numbers in the following format: All Known Witnesses: 605 ORDER NO. PSC -2018 -0370 -PCO -EU DOCKET NOS. 20.170235 -EI, 20170236 -EU PAGE 6 Witness Subject Matter Issues # Direct John Smith Subject ... 1,3-5 (2) A description of all prefiled exhibits and other exhibits that may be used by the party in presenting its direct case (including individual components of a composite exhibit) and the witness sponsoring each in the following format: All Known Exhibits: Witness Proffered By Exhibit # Description Direct John Smith Party/Utility ABC -1 Name Title. . (3) A statement of the party's basic position in the proceeding; (4) A statement of each question of fact, question of law, and policy question that the party considers at issue, along with the party's position on each issue, and, where applicable, the names of the party's witness(es) who will address each issue. Parties who wish to maintain "no position at this time" on any particular issue or issues should refer to the requirements of subsection C, below; (5) A statement of issues to which the parties have stipulated; (6) A statement of all pending motions or other matters the party seeks action upon; (7) A statement identifying the party's pending requests or claims for confidentiality; (8) Any objections to a witness' qualifications as an expert. The objection shall identify each witness the party wishes to voir dire as well as state with specificity the portions of that witness's pre -filed testimony, by page and line number, and/or exhibits, by page and line number, to which the party objects. Failure to specifically identify the portions of the pre -filed testimony or exhibits to which the party objects will result in restriction of a party's ability to conduct voir dire absent a showing of good cause at the time the witness is offered for cross-examination at hearing; (9) A request for sequestration of witnesses, so any such request may be resolved by the Prehearing Officer prior to the hearing. Failure to make such a request shall constitute a waiver of the right to request sequestration of witnesses absent a showing of good cause; and (10) A statement as to any requirement set forth in this order that cannot be complied with, and the reasons therefore. 606 ORDER NO. PSC -2018 -0370 -PCO -EU DOCKET NOS. 20170235 -EI, 20170236 -EU PAGE 7 Failure of a party to timely file a Prehearing Statement shall be a waiver of any issue not raised by other parties or by the Commission. In addition, such failure shall preclude the parry from presenting testimony in support of its position on each such issue. B. Attendance at Prehearing Conference Pursuant to Rule 28-106.209, F.A.C., a Prehearing Conference will be held October 3, 2018, at the Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. Unless excused by the Prehearing Officer for good cause shown, each party (or designated representative) shall personally appear at the Prehearing Conference. Failure of a party (or that party's representative) to appear shall constitute waiver of that party's issues and positions, and that party may be dismissed from the proceeding. C. Waiver of Issues Any issue not raised by a party either before or during the Prehearing Conference shall be waived by that party, except for good cause shown. A party seeking to raise a new issue after the Prehearing Conference shall address each of the following: (1) Whether the party was unable to identify the issue because of the complexity of the matter; (2) Whether discovery or other prehearing procedures were not adequate to fully develop the issue; (3) Whether due diligence was exercised to obtain facts touching on the issue; (4) Whether information obtained subsequent to the Prehearing Conference was not previously available to enable the party to identify the issue; and (5) Whether introduction of the issue would not be to the prejudice or surprise of any party. Specific reference shall be made to the information received and how it enabled the party to identify the issue. Unless a matter is not at issue for that party, each party shall take a position on each issue by the time of the Prehearing Conference or by such later time as may be permitted by the Prehearing Officer. If a party is unable through diligence and good faith efforts to take a position on a matter at issue for that party, it shall explicitly state in its Prehearing Statement why it cannot take a position. If the Prehearing Officer finds that the party has acted diligently and in good faith to take a position, and further finds that the party's failure to take a position will not prejudice other parties or confuse the proceeding, the party may maintain "no position at this time" prior to hearing and thereafter identify its position in a post -hearing statement of issues. In the absence of such a finding by the Prehearing Officer, the party shall have waived the entire issue, and the party's position shall be shovip as "no position" in the Prehearing Order. A party who takes no position on an issue by the time of the Prehearing Conference, or by such later time as may be permitted by the Prehearing Officer, waives its opportunity to conduct cross- examination on the issue as well as file a post -hearing brief on the issue. Commission staff may 607 ORDER NO. PSC -2018 -0370 -PCO -EU DOCKET NOS. 20170235 -EI, 20170236 -EU PAGE 8 take "no position at this time" or a similar position on any issue without having to make the showing described above and without waiver of cross-examination. D. Motions to Strike Prefiled Testimony and Exhibits Motions to strike any portion of the prefiled testimony and related portions of exhibits of any witness shall be made in writing no later than the Prehearing Conference. Motions to strike any portion of prefiled testimony and related portions of exhibits at hearing shall be considered untimely, absent good cause shown. E. Demonstrative Exhibits If a party wishes to use a demonstrative exhibit or other demonstrative tools at hearing, such materials must be identified by the time of the Prehearing Conference. F. Official Recognition Parties seeking official recognition of materials pursuant to Section 120.569(2)(i), F.S., shall notify all other parties and Commission staff in writing no later than two business days prior to the first scheduled hearing date. Such notification shall identify all materials for which the party seeks official recognition, and such materials shall be provided along with the notification. G. Use of Depositions at Hearing Absent agreement by all parties concerning the introduction of depositions into the record at the hearing, any party wishing to introduce all or part of a deposition at hearing for any purpose other than impeachment, must file a Notice of Intent to Use Deposition no later than the last day to conduct discovery in this docket as set forth in Section IX of this Order. The Notice shall include the following information for each deposition: (1) Name of witness.deposed; (2) Date deposition was taken; and (3) Page and line numbers of each deposition the party seeks to introduce, when available. Objection(s) to the entry into the record of a deposition or portion thereof at hearing for purposes other than impeachment must be made in writing within three days of filing a Notice of Intent to use Deposition for resolution by the Prehearing Officer. 608 ORDER NO. PSC -2018 -0370 -PCO -EU DOCKET NOS. 20170235 -EI, 20170236 -EU PAGE 9 VII. Hearing Procedures A. Attendance at Hearing Unless excused by the Presiding Officer for good cause shown, each party (or designated representative) shall personally appear at the hearing. Failure of a party, or that party's representative, to appear shall constitute waiver of that party's issues, and that party may be dismissed from the proceeding. Likewise, all witnesses are expected to be present at the hearing unless excused by the Presiding Officer upon the staff attorney's confirmation prior to the hearing date of the following: (1) All parties agree that the witness will not be needed for cross examination. (2) All Commissioners assigned to the panel do not have questions for the witness. In the event a witness is excused in this manner, his or her testimony may be entered into the record as though read following the Commission's approval of the proposed stipulation of that witness's testimony. B. Cross -Examination The parties shall avoid duplicative or repetitious cross-examination. Further, friendly cross-examination will not be allowed. Cross-examination shall be limited to witnesses whose testimony is adverse to the party desiring to cross-examine. Any party conducting what appears to be a friendly cross-examination of a witness should be prepared to indicate why that witness's direct testimony is adverse to its interests. During cross-examination, if a witness (or their counsel) responds (or objects) to a relevant question by referring the question to another party witness, the counsel who is sponsoring the current witness shall confirm the identity of the appropriate party witness who can more fully address the question. C. Use of Confidential Information at Hearina It is the policy of this Commission that all Commission hearings be open to the public at all times. The Commission also recognizes its obligation pursuant to Section 366.093, F.S., to protect proprietary confidential business information from disclosure outside the proceeding. Therefore, any party wishing to use at the hearing any proprietary confidential business information, as that term is defined in Section 366.093, F.S., shall adhere to the following: (1) When confidential information is used in the hearing that has not been filed as prefiled testimony or prefiled exhibits, parties must have copies for the Commissioners, necessary staff, and the court reporter, in red envelopes clearly marked with the nature of the contents. Any party wishing to examine the 609 ORDER NO. PSC -2018 -0370 -PCO -EU DOCKET NOS. 20170235 -EI, 20170236 -EU PAGE 10 confidential material that is not subject to an order granting confidentiality shall be provided a copy in the same fashion as provided to the Commissioners, subject to execution of any appropriate protective agreement with the owner of the material. (2) Counsel and witnesses are cautioned to avoid verbalizing confidential information in such a way that would compromise confidentiality. Therefore, confidential information should be presented by written exhibit when reasonably possible. At the conclusion of that portion of the hearing that involves confidential information, all copies of confidential exhibits shall be returned to the proffering party. If a confidential exhibit has been admitted into evidence, the copy provided to the court reporter shall be retained in the Office of Commission Clerk's confidential files. If such information is admitted into the evidentiary record at hearing and is not otherwise subject to a request for confidentiality filed with the Commission, the source of the information must file a request for confidential classification of the information within 21 days of the conclusion of the hearing, as set forth in Rule 25-22.006(8)(b), F.A.C., if continued confidentiality of the information is to be maintained. VIII. Post -Hearing Procedures If the Commission (or assigned panel) does not render a bench decision at the hearing, it may allow each party to file a post -hearing statement of issues and positions pursuant to the schedule set forth in Section IX of this Order. In such event, a summary of each position of no more than 75 words, set off with asterisks, shall be included in that statement. If a party's position has not changed since the issuance of the Prehearing Order, the post -hearing statement may simply restate the prehearing position. However, the position must be reduced to no more than'75 words. If a post -hearing statement is required and a party fails to file in conformance with the rule, that party shall have waived all issues and may be dismissed from the proceeding. Pursuant to Rule 28-106.215, F.A.C., a party's proposed findings of fact and conclusions of law, if any, statement of issues and positions, and brief, shall together total no more than 40 pages and shall be filed at the same time, unless modified by the Presiding Officer. IX. Controlling Dates The following dates have been established to govern the key activities of this case: (1) Utility's supplemental testimony and exhibits August 6, 2018 (2) Issue Identification Meeting August 27, 2018 (3) Intervenors' testimony and exhibits September 7, 2018 (4) Staff's testimony and exhibits, if any September 14, 2018 (5) Utility's rebuttal testimony and exhibits September 24, 2018 610 ORDER NO. PSC -2018 -0370 -PCO -EU DOCKET NOS. 20170235 -EI, 20170236 -EU PAGE l l (6) Prehearing Statements (7) Discovery deadline (8) Prehearing Conference (9) Hearing (10) Briefs September 26, 2018 October 2, 2018 October 3, 2018 October 10-11, 2018 October 19, 2018 In addition, all parties should be on notice that the Prehearing Officer may exercise the discretion to schedule additional Prehearing Conferences or meetings of the parties as deemed appropriate. Such meetings- will be properly noticed to afford the parties an opportunity to attend. Based upon the foregoing, it is ORDERED by Commissioner Gary F. Clark, as Prehearing _Officer, that the provisions of this Order shall govern this proceeding unless modified'by the Commission. By ORDER of Commissioner Gary F. Clark, as- Prehearing Officer, this 25th day of July 2018 MAH GARY F. LARK Commissioner and Prehearing Officer 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 ORJUDICIAL 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 611 ORDER NO. PSC -2018 -0370 -PCO -EU DOCKET NOS. 20170235 -EI, 20170236 -EU PAGE 12 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. 612 BCC AGENDA August 14, 2018 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 8, 2018 SUBJECT: FDEP Resilience Planning Grant FROM: Commissioner Bob Solari I would like to discuss with the Board if it makes sense to apply for FDEP's Resilience Planning Grant for the coming year. Thank you. 613 August 14, 2018 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 8, 2018 SUBJECT: Indian River Lagoon Master Plan FROM: Susan Adams Commissioner, District 1 I kindly request the Board's consideration in continuing discussion regarding creating a Lagoon Management Plan for Indian River County. Thank you for your considerations. 1 614 August 14, 2018 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 8, 2018 SUBJECT: Update on information related to the Public Service Commission hearings in Tallahassee on sale of Vero Beach Electric FROM: Tim Zorc Commissioner, District 3 Discussion Item: I would like to discuss the recent events leading to a hearing of the Public Service Commission in Tallahassee regarding the sale of Vero Beach Electric. I would also like to discuss the impact of the appeals to the sale on the County. I would also like to have the following link provided on the Indian River County website to keep the public informed on the issues related to the hearings with the Public Service Commission. htti)s://www.change.org/p/petition-to-stop-power-users-group-s-challenge-to- vero-electric-sale 615 Peii5on PEIRCN 70 S7`x �\ r-" �----! y�,.w".'.-•"'�1 ,�.�. -'-- "� �`--- -,.z-} F � G' 0 Secure � https:Jhnvv.change.erg/pJpetit}on-to-stop-power-users-group-s-i:hailenge-to-vero-electric-sate change.org Startapetition Browse Membership CZ PETITION TO STOP POWER USERS GROUP'S CHALLENGE TO VERO ELECTRIC SALE. 7mary SnrsdeLsstarted this petie nto Fl ride Industrial Porter Users Group For nearly a decade the customers of Vero Beach electric system have been trying to become FPL customers to have lower rates and protection of our consumer rights and representation. City voters have supported the City's sale of its electric'system to FPL through multiple referendums, and have continually elected pro -sale candidates to represent us on the Vero Beach City Council. 620 have signed. Let's get to 1.000! ! +'m signing because- (optional) i I �- Display my name and'wniment on this petition Q 616 DISTRICT A4_J3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Cory S. Richter, Assistant Chief Fire Rescue Division DATE: August 6, 2018 SUBJECT: Affiliation Agreement between First Response Training Group and Indian River County Emergency Services District It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services Board of Commissioners at the next scheduled meeting. DESCRIPTION: Indian River County Department of Emergency Services would like to enter into an affiliation agreement for the purposes of providing education oversight as it relates to preceptor mentoring with First Response Training Group. Indian River County Emergency Services District currently provides services for paramedic students from other training facilities to ride with experienced paramedics for the purposes of training and education. Indian River County Fire Rescue hires from an applicant testing and eligibility list and a majority of the time these individuals come from local schools. Numerous applicants (local and non -local) receive. education from First Response Training Group, LLC and we have hired many of these students into our workforce. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends approval of the Affiliation Agreement between First Response Training Group and Indian River County Emergency Services District. ATTACHMENTS: Two (2) Copies of the Affiliation Agreement 617 INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AFFILIATION AGREEMENT WITH FIRST RESPONSE TRAINING GROUP, LLC This Affiliation Agreement is entered into by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special district, whose mailing address is 4225 431 Avenue, Vero Beach, FL 32967, hereinafter COUNTY and FIRST RESPONSE TRAINING GROUP, LLC, a Florida limited liability company, whose mailing address is 6435 Hazeltine National Drive, Suite -155, Orlando, Florida 32822, hereinafter FIRST RESPONSE, do hereby agree as follows: WHEREAS, FIRST RESPONSE offers certification programs for both emergency medical technicians (EMT) and paramedics and has been offering those programs since 2012; and WHEREAS, students who attend FIRST RESPONSE are encouraged to obtain "on the job training" by conducting ride -a -longs with EMTs and paramedics; and WHEREAS, the COUNTY as entered into other Affiliation Agreements for ride -a -long training for EMT and paramedic students enrolled in similar certified programs; and WHEREAS, the COUNTY deems this to be a valuable training tool for potential future employees, NOW THEREFORE, the parties do agree as follows: 1. The above recitations are true and correct and incorporated herein by reference in this Agreement. 2. The COUNTY shall permit FIRST RESPONSE students to participate in ride -a -longs with EMTs and Paramedics at the discretion and convenience of the COUNTY. 3. This Agreement shall be effective from August 14, 2018 to August 13, 2021 and may be renewed by the parties for three additional one year period thereafter by the mutual consent of the parties. 4. Neither the COUNTY nor FIRST RESPONSE shall charge any fees under this Agreement. 5. The parties agree that there will be no discrimination in the selection or the placement of students in the ride -a -long program. 6. This Agreement may be terminated by either party upon 30 days written notice. 7. The COUNTY will provide, at the participating student's expense, emergency care for injuries or acute illness while participating with the COUNTY at a ride -a -long session. 8. The parties will each designate a person or persons to coordinate as a liaison for the ride -a -long program. 1 618 9. FIRST RESPONSE shall provide the COUNTY with a list of eligible participants for the ride -a -long program prior to the start of each program. It shall be the duty of FIRST RESPONSE to ensure the participants have the necessary training prerequisites to maximize the experience. 10. FIRST RESPONSE does undertake and agree that it will indemnify and hold harmless the COUNTY and its officers, directors, employees, and agents, from all claims, demands, suits, actions, judgments, and executions for damages, of any and every kind, including reasonable attorney's fees and costs, and by whomever and whenever made or obtained, allegedly caused by, arising out of, or relating in any manner to the activity of any student. Each student participating shall sign the attached Hold Harmless Agreement (copies will be furnished upon request). 11. FIRST RESPONSE shall procure and maintain, during the term of this Agreement and any renewal, liability insurance to cover any and all liability (including professional liability) for claims, damages, or injuries to persons or property of whatsoever kind of nature arising out of the activities of the participants carried out under this Agreement. Such insurance shall be on an occurrence basis in amounts no less than $3,000,000/$1,000,000 for personal injuries and the COUNTY shall be an additional named insured under such general and professional liability policy or policies. FIRST RESPONSE shall ,submit certificates of insurance to the COUNTY evidencing such insurance at the time of the execution of this Agreement, and as requested by the Fire/EMS Service. FIRST RESPONSE agrees that the COUNTY will receive no less than thirty (30) days written notice prior to cancellation, modification, or non -renewal of any of the insurance coverage's described herein. 12. FIRST RESPONSE will coordinate a calendar with students name and dates. FIRST RESPONSE will submit this calendar to the COUNTY by an agreed upon date. 13. Specific Responsibilities of the COUNTY. It shall be the responsibility of the COUNTY to: A. Provide an appropriate orientation of participants in connection with its facilities and its policies and procedures. B. Provide opportunities for a learning experience with appropriate supervision. C. Retain ultimate responsibility for patient care even if a student gives that care. D. Designate a preceptor (or coordinator) from its staff to act as the liaison with the Agency in this Agreement, as appropriate to the learning objectives. 14. Specific Responsibilities of the Participant (Student). It shall be the responsibility of the participant(s) assigned through this Agreement to: A. Comply with the policies and procedures of the COUNTY. Provide the necessary and appropriate uniform while on duty at the Fire/EMS agency B. Obtain prior written approval of both parties to this Agreement before publishing any material related to the learning experience provided under the terms of the Agreement. C. Sign a "Hold Harmless Agreement" with the COUNTY prior to commencing his/her experience within the Fire/EMS Agency. 2 619 D. At all times wear the appropriated badge on every clinical, and comply in all respects with the student requirements set forth in the requirements Sheets. 15. Request for Withdrawal of Participant. The COUNTY shall reserve the right to request FIRST RESPONSE to withdraw any participant from its facilities whose conduct or work with patients or personnel is not in accordance with the policies and procedures of the COUNTY or is detrimental to patients or others. The COUNTY reserves the right to send any student home if they cannot accommodate the student at scheduled time. 16. Modification of Agreement. Modification of this Agreement may be made by mutual consent of. both parties, in writing, and attached to this Agreement and shall include the date and the signatures of parties agreeing to the modification. 17. Copies of Agreement. Copies of this signed Agreement shall be placed on file and be available at the Corporate office of FIRST RESPONSE and in the offices of the COUNTY. 18. Confidential Information. Ride -a -long program participants will be exposed to confidential, privileged information. FIRST RESPONSE understands the sensitive nature of this information and affirmatively asserts it has trained each participant concerning privileged and confidential patient information. FIRST RESPONSE agrees that its indemnity and hold harmless to the COUNTY extends to the wrongful release of confidential and privileged patient information. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals to this Agreement on the dates below. FIRST RESPONSE TRAINING GROUP, LLC By:.-. Jason'J—Mirquedent/CEO. Date:. 2 Approved: Jason E. Brown County Administrator INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT By: Peter D. O'Bryan, Chairman Date Approved: 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 3 620 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Cory Richter, Assistant Chief Fire Rescue Division DATE: August 1, 2018 SUBJECT: Approval of Affiliation Agreement Extension between Medical Career Academy and Indian River County Emergency Services District It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services Board of Commissioners at the next scheduled meeting. DESCRIPTION: On September 20, 2016, Indian River County Department of Emergency Services entered into an affiliation agreement for the purposes of providing education oversight as it relates to preceptor mentoring with Medical Career Academy. The affiliation agreement allows for 3 additional one (1) year terms. Staff is requesting to renew the Affiliation Agreement for the first one (1) year term, and shall expire on September 20, 2019. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends approval of the first one (1) year extension of the Affiliation Agreement between Medical Career Academy and Indian River County Emergency Services District. ATTACHMENTS: Two Copies of the Affiliation Agreement Extension 621 FIRST EXTENSION OF AFFILIATION AGREEMENT BETWEEN THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AND THE MEDICAL CAREER ACADEMY, INC. This First Extension of Affiliation Agreement (First Extension) is entered into by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special district, whose mailing address is 4225 431 Avenue, Vero Beach, FL 32967, hereinafter COUNTY and MEDICAL CAREER ACADEMY, INC., a Florida not for profit corporation, whose new location and mailing address is 7751-1 North Military Trail, Palm Beach Gardens, FL 33410-1300, hereinafter MCA do hereby agree as follows: WHEREAS, the COUNTY and MCA entered into an Affiliation Agreement (Agreement) dated September 20, 2016, for EMT and paramedic students who attend MCA to obtain "on the job training" by conducting ride -a -longs with County Emergency Services District personnel; and WHEREAS, the parties have found the Agreement to be mutually beneficial; and WHEREAS, the Agreement provides for three one year renewals; and WHEREAS, the COUNTY and MCA desire to renew the Agreement for an additional one year period. NOW THEREFORE, the parties do agree as follows: 1. The above recitations are true and correct and incorporated herein by reference in this Agreement. 2. The Agreement dated September 20, 2016, is hereby extended until September 20, 2019. 3. The remaining terms of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF the COUNTY and MCA has caused these presents to be executed in their names, the day and year first above written. MEDICAL CAREER ACADEMY, INC. B: Y Tina Pale mo, CE ODirector Date:L//� INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT By: Peter D. O'Bryan, Chairman Date Approved: 1 622 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk UM= Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 623 DISTRICT INDIAN RIVER COUNTY, FLORIDA /6A5 MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Cory Richter, Assistant Chief Fire Rescue Division DATE: August 2, 2018 SUBJECT: Approval of Affiliation Agreement Extension between Treasure Coast Medical Institute and Indian River County Emergency Services District It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services Board of Commissioners at the next scheduled meeting. DESCRIPTION: On September 15, 2016, Indian River County Department of Emergency Services entered into an affiliation agreement for the purposes of providing education oversight as it relates to preceptor mentoring with Treasure Coast Medical Institute. The affiliation agreement allows for 3 additional one (1) year terms. Staff is requesting to renew the Affiliation Agreement for the first one (1) year term, and shall expire on September 14, 2019. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends approval of the first one (1) year extension of the Affiliation Agreement between Treasure Coast Medical Institute and Indian River County Emergency Services District. ATTACHMENTS: Two Copies of the Affiliation Agreement 624 FIRST EXTENSION OF INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AFFILIATION AGREEMENT WITH TREASURE COAST MEDICAL INSTITUTE, INC. This First Extension of Indian River County Emergency Services District Affiliation Agreement with Treasure Coast Medical Institute, Inc. (First Extension) is entered into this 14 day of August, 2018, by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special district, whose mailing address is 4225 43rd Avenue, Vero Beach, FL 32967, hereinafter COUNTY and TREASURE COAST MEDICAL INSTITUTE, INC., a Florida corporation, whose location and mailing address is'805 Virginia Ave., #28, Fort Pierce, FL 34982, hereinafter TCMI. WHEREAS, the COUNTY and TCMI entered into an Indian River County Emergency Services District Affiliation Agreement with Treasure Coast Medical Institute, Inc. (Agreement) effective September 15, 2016, for EMT and paramedic students who attend TCMI to obtain "on the job training" by conducting ride -a -longs with County Emergency Services District personnel; and WHEREAS, the parties have found the Agreement to be mutually beneficial; and WHEREAS, the Agreement provides for three one year periods; and WHEREAS, the COUNTY and MCA desire to renew the Agreement for an additional one year period. NOW THEREFORE, the parties do agree as follows: 1. The above recitations. are true and correct and incorporated herein by reference in this Agreement. 2. The Agreement effective September 15, 2016, is hereby extended until September 14, 2019. 3. The remaining terms of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF the COUNTY and TCMI has caused these presents to be executed in their names, the day and year first above written. TREASURE COAST MEDICAL INSTITUTE, INC By: A4 - Kevin Franklin, President 8/02/2018 Date: INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT MR Peter D. O'Bryan, Chairman Date Approved: 625 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller M Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 2 626 DISTRICT 15U INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Cory S. Richter, Assistant Chief Fire Rescue Division DATE: August 7, 2018 SUBJECT: Affiliation Agreement between Orlando Medical Institute, Inc. and Indian River County Emergency Services District It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services Board of Commissioners at the next scheduled meeting. DESCRIPTION: Indian River County Department of Emergency Services would like to enter into an affiliation agreement for the purposes of providing education oversight as it relates to preceptor mentoring with Orlando Medical Institute, Inc. Indian River County Emergency Services District currently provides services for paramedic students from other training facilities to ride with experienced paramedics for the purposes of training and education. Indian River County Fire Rescue hires from an applicant testing and eligibility list and a majority of the time these individuals come from local schools. Numerous applicants (local and non -local) receive education from Orlando Medical Institute, Inc. and we have hired many of these students into our workforce. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends approval of the Affiliation Agreement between Orlando Medical Institute, Inc. and Indian River County Emergency Services District. ATTACHMENTS: Two (2) Copies of the Affiliation Agreement 627 INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AFFILIATION AGREEMENT WITH ORLANDO MEDICAL INSTITUTE, INC. This Affiliation Agreement is entered into by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special district, whose mailing address is 4225 43(" Avenue, Vero Beach, FL 32967, hereinafter COUNTY and ORLANDO MEDICAL INSTITUTE, INC., whose address is 6220 South Orange Blossom Trail, Suite 420, Orlando, FL 32809, hereinafter ON do hereby agree as follows: WHEREAS, OMI offers certification programs for both emergency medical technicians (EMT) and paramedics and has been offering those programs since 2004; and WHEREAS, students who attend OMI are encouraged to obtain "on the job training" by conducting ride -a -longs with EMTs and paramedics; and WHEREAS, the COUNTY as entered into other Affiliation Agreements for ride -a -long training for EMT and paramedic students, and WHEREAS, the COUNTY deems this to be a valuable training tool for potential future employees, NOW THEREFORE, the parties do agree as follows: L The above recitations are true and correct and incorporated herein by reference in this Agreement 2. The COUNTY shall permit OMI students to participate in ride -a -longs with EMTs and Paramedics at the discretion and convenience of the COUNTY. -1. This Agreement shall be effective from August 14, 2018 to August 13, 2021 and may be renewed by the parties for three additional one year periods thereafter by the mutual consent of the parties. 4. Neither the COUNTY nor OMI shall charge any fees under this Agreement. 5. The parties agree that there will be no discrimination in the selection or the placement of students in the ride -a -long program. 6. This Agreement may be terminated by either party upon 30 days written notice. %. The COUNTY will provide, at the participating student's expense, emergency care for injuries or acute illness while participating with the COUNTY at a ride -a -long session. 8. The parties will each designate a person or persons to coordinate as a liaison for the ride -a- long program. 9. OMI shall provide the COUNTY with a list of eligible participants for the ride -a -long program 628 prior to the start of each program. It shall be the duty of OMI to ensure the participants have the necessary training prerequisites to maximize the experience. 10. OMI does undertake and agree that it will indemnify and hold harmless the COUNTY and its officers, directors, employees, and agents, and reasonable attorney's fees on account thereof, that may be sustained or incurred by reason of any and all claims, demands, suits, actions, judgments, and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of, or relating in any manner to the activity of any student. Each student participating shall sign the attached Hold Harmless Agreement (copies will be furnished upon request). 11. OMI shall procure and maintain, during the term of this Agreement and any renewal, liability insurance to cover any and all liability (including professional liability) for claims, damages, or injuries to persons or property of whatsoever kind of nature arising out of the activities of the participants carried out under this Agreement. Such insurance shall be on an occurrence basis in amounts no less than $3,000,000/$1,000,000 for personal injuries and the COUNTY shall be an additional named insured under such general and professional liability policy or policies. OMI shall submit certificates of insurance to the COUNTY evidencing such insurance at the time of the execution of this Agreement, and as requested by the Fire/EMS Service. OMI agrees that the COUNTY will receive no less than thirty (30) days written notice prior to cancellation, modification, or non -renewal of any of the insurance coverage's described herein. 12. OMI will coordinate a calendar with students name and dates. OMI will submit this calendar to the COUNTY by an agreed upon date. 13. Specific Responsibilities of the COUNTY. It shall be the responsibility of the COUNTY to: A. Provide an appropriate orientation of participants in connection with its facilities and its policies and procedures. B. Provide opportunities for a learning experience with appropriate supervision. C. Retain ultimate responsibility for patient care even if a student gives that care. D. Designate a preceptor (or coordinator) from its staff to act as the liaison with the Agency in this Agreement, as appropriate to the learning objectives. 14. Specific Responsibilities of the Participant (Student). It shall be the responsibility of the participants) assigned through this Agreement to: A. Comply with the policies and procedures of the COUNTY. Provide the necessary and appropriate uniform while on duty at the Fire/EMS agency B. Obtain prior written approval of both parties to this Agreement before publishing any material related to the learning experience provided under the terms of the Agreement. C. Sign a "Hold Harmless Agreement" with the COUNTY prior to commencing his/her experience within the Fire/EMS Agency. D. At all times wear the appropriated badge on every clinical, and comply in all respects with the student requirements set forth in the requirements Sheets. 15. Request for Withdrawal of Participant. The COUNTY shall reserve the right to request OMI to withdraw any participant from its facilities whose conduct or work with patients or personnel is not in accordance with the policies and procedures of the COUNTY or is detrimental to patients or others. The COUNTY reserves the right to send any student home if 629 they cannot accommodate the student at scheduled time. 16. Modification of Agreement. Modification of this Agreement may be made by mutual consent of both parties, in writing, and attached to this Agreement and shall include the date and the signatures of parties agreeing to the modification. 17. Copies of Agreement. Copies of this signed Agreement shall be placed on file and be available at the Corporate office of OMI and in the offices of the COUNTY. 18. Confidential Information. Ride -a -long program participants will be exposed to confidential, privileged information. OMI understands the sensitive nature of this information and affirmatively asserts it has trained each participant concerning privileged -and confidential patient information. OMI agrees that its indemnity and hold harmless to the COUNTY extends to the wrongful release of confidential and privileged patient information. ORLANDO MEDICAL INSTITUTE, INC. By: I' ` iV Felix Ma z — Preside I CEO(,:) TitIe�fl.f_s� 4SLY�� Date: (Seal) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator 630 Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 631 �VcoG INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT '`LORtoA BOARD MEMORANDUM 1�5 93 Date: July 20, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Approval of 2018 CPI Adjustment Request by Waste Management DESCRIPTIONS AND CONDITIONS: On April 21, 2015, the Indian River County Solid Waste Disposal District (SWDD) Board entered into a Franchise Agreement for the Solid Waste and Recyclables Collection with Waste Management Inc. of Florida (WMIF) (the "Franchise Agreement"). WMIF started providing services on October 1, 2015. Article 16 of the Franchise Agreement provides for the compensation provision of the services specified in the referenced Exhibit 1 along with a rate adjustment process specified in the referenced Exhibit 4 of said agreement. On October 4, 2016, the SWDD Board approved the First Amendment to the Franchise Agreement, which updated the rate adjustment process wherein all unit prices remained the same for the first two years, i.e. through September 30, 2017. The natural gas component was removed, and the maximum rate adjustment was set to 3.0%. On May 25, 2017, in accordance with Article 16.1.2. "Rate Adjustment", WMIF submitted an annual rate adjustment request of 1.51% to be effective October 1, 2017. The SWDD Board approved this request on August 15, 2017. On May 29, 2018, WMIF submitted an annual rate adjustment request of 1.88% to be effective October 1, 2018. This agenda item is requesting SWDD Board approval for the 2018 CPI adjustment request by WMIF. ANALYSIS: Staff has reviewed, verified and recommends the aproval of the request by WMIF of 1.88% of the residential and commercial rates as specified in the attached Exhibit 1. In summary, here are the changes: Residential Unit FY2015/16 Rate FY2016/17 Rate FY2017/18 Rate FY2018/19 Rate Change from Prior Year %Change Single Family Subscription $9.68 $9.68 $9.83 $10.01 $0.18 1.88% Single Family Universal $7.73 $7.73 $7.85 $8.00 $0.15 1.88% Billed Cubic Yard $4.73 $4.73 $4.80 $4.89 $0.09 1.88% Billed Cart Service $9.46 $9.46 $9.60 $9.78 $0.18 1.88% 15 Yard Open Top Per Pull * $155.00 $155.00 $157.34 $160.30 $2.91 1.88% 20 Yard Open Top Per Pull * $170.00 $170.00 $172.57 $175.81 $3.20 1.88% 30 Yard Open Top Per Pull * $205.00 $205.00 $208.10 $212.01 $3.85 1.88% 40 Yard Open Top Per Pull * $235.00 $235.00 $238.55 $243.03 $4.42 1.88% 632 @BCL@FC2F936F.docx Page 1 of 2 Residential Unit FY2015/16 Rate FY2016/17 Rate FY2017/18 Rate FY2018/19 Rate Change from Prior Year %Change Compactor - 20 cubic yards • $245.00 $245.00 $248.71 $253.38 $4.60 1.88% Compactor - 30 cubic yards • $245.00 $245.00 $248.71 $253.38 $4.60 1.88% Compactor - 40 cubic yards $245.00 $245.00 $248.71 $253.38 $4.60 1.88% Single Family Recycling $2.55 $2.55 $2.59 $2.64 $0.05 1.88% Multi -Family Recycling $2.04 $2.04 $2.07 $2.11 $0.04 1.8816 Commercial Compactor $14.19 $14.19 $14.40 $14.67 $0.27 1.885,o Exchange Solid Waste Cart $30.00 $30.00 $30.00 $30.00 $0.00 0% Additional Solid Waste Cart $60.00 $60.00 $60.00 $60.00 $0.00 0% Reinstate Service Charge $25.00 $25.00 1 $25.00 $25.00 $0.00 0% ' Includes a container and maintenance fee per month: Increase from $101.51.00 to $103.42 per month FUNDING: Majority of the services provided in the Franchise Agreement are directly paid by residential subscription customers or by commercial customers. The exception is the payment for the residential recycling services, which is paid to WMIF by SWDD. The funding for these recyclables collection services are in the SWDD recycling account under Other Contractual Services, Account No. 41125534- 033490, which is funded from SWDD assessments and user fees. For the current 2017/18 fiscal year, WMIF has been paid $1,693,245.31 for the first 9 months and the account has a total budget of $614,199.55 available for the remaining three months of the 2017/2018 fiscal year. The estimated annual cost of the recycling services for the 2018/2019 fiscal year is estimated at $2,500,000. Therefore, the remaining available funds should be sufficient to cover these expenses for the remainder of the fiscal year. Description Account Number Amount Other Contractual Services 41125534-033490 $2,500,000 RECOMMENDATION: SWDD staff recommends that the Board approve the request for a 1.88% rate adjustment by Waste Management, Inc. of Florida and authorize the County Adminstrator or his designee to send a letter of approval. ATTACHMENT: Rate Adjustment Letter from Waste Management 633 @BCL@FC2F936F.docx Page 2 of 2 WV1: 1 J i 1 WASTE MANAGEMENT May 29, 2018 Mr. Jason Brown County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 Dear Mr v thank you for the opportunity to provide solid waste collection services to Indian Diver County. In accordance with the contractual agreement granted to Waste Management Inc. of Florida, please accept this notice for the annual rate adjustment to reflect changes in the cost of doing business. Latest data reflected in the Consumer ,Price index for Urban Consumers (CPI) serves as the basis for a 1.88% adjustment. Supporting documentation is included for your reference. The revised pricing structure, effective October 1, 2018, is attached for your review. Should you have any questions, please do not hesitate to contact me at (32.1) 537-4273 or via email at dreider@wm.com. On behalf of Indian River County's Waste Management employees, thank you for the privilege of serving the residents and businesses of Indian River County. Sir rely, LV �% Iii a Reider-Hicks Public Affairs Manager cc: Vincent Burke, P.E., Director of Utility Services, Indian River County Himanshu Mehta, P.E., Managing Director, IRC SWDD Geoff Golder, Pricing Management, Florida Area Kasey Godwin, District Manager, WM Vero & Okeechobee Hauling Bob DelaCruz, Operations Manager, WM Vero Hauling Waste Management Inc. of Florida, 4310 77"h Street Vero Beach, FL 32967 www.WM.com 634 � spy moo INDIAN RIVER COUNTY o GIS SOLID WASTE DISPOSAL DISTRICT �5l *'�touioA * BOARD MEMORANDUM Date: August 2, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Approval of Interlocal Agreement and a Memorandum of Understanding with the Town of Indian River Shores for Recycling Services DESCRIPTIONS AND CONDITIONS: The Town of Indian River Shores (Town) voluntarily joined the Indian River County Solid Waste Disposal District (SWDD) in 1987 in order for SWDD to provide efficient and acceptable means of disposal of solid waste generated in the Town. Subsequently, the. Town and SWDD entered into Interlocal Agreements for SWDD to provide a recycling collection program within the Town. From 1992 through September 30, 2015, SWDD, through its franchise agreement with Republic Services, provided for the collection of recyclables within the Town. This arrangement was convenient for the Town as Republic Services provided the solid waste collection within the Town at that time. After a Request for Proposal (RFP) process, on April 21, 2015, the Indian River County Solid Waste Disposal District (SWDD) Board entered into a Franchise Agreement for the Solid Waste and Recyclables Collection with Waste Management Inc. of Florida to be effective October 1, 2015. The franchise area for recycling services included the Town; however, the Town informed SWDD on April 29, 2015 that they wished to continue utilizing Republic Services for both solid waste and recycling collection within the Town. The Town acknowledged that Republic Services agreed to continue to provide recycling services at no increase in cost to the Town or its residents. The Town also acknowledged that SWDD will be unable to pay Republic Services for the recycling services. Recently, the Town has issued an Invitation to Bid for an exclusive Residential Recycling Collection franchise. As part of this process, the Town and SWDD staff have jointly collaborated on an updated Interlocal Agreement (ILA) and corresponding Memorandum of Understanding (MOU) to provide a mechanism for SWDD to work with the Town on a comprehensive recycling program within the Town. The Town Council approved both the ILA and the MOU at their July 26, 2018 public meeting. This agenda item is requesting SWDD Board approval for the ILA and MOU with the Town. ANALYSIS - The following summarizes the key provisions fo the ILA and MOU between the Town and SWDD: 1. The term of the ILA is for 20 years. 635 @BCL@2826758F.docx Page 1 of 3 2. The Town will utilize an independent and exclusive franchise recycling collector to provide recycling services that are consistent with SWDD's recycling program for all residential units, public buildings, public parks, and public beach access points located within the Town and encourage single stream recycling for all commercial businesses located within the Town. 3. The Town is responsible for directing all solid waste and residential single stream recyclables collected within the Town to be delivered to SWDD. 4. The Town and the SWDD agree that there are 1,643 single family residential units and 1,691 multi- family residential units within the Town as of January 2018. These numbers will be adjusted up or down based on monthly certificates of occupany or certificates of demolition provided by the Town to SWDD. 5. Upon execution of the MOU, the SWDD will pay the Town a rate of $2.03 per month per single family residential units and pay a rate of $1.53 per month per multi -family residential units. The SWDD shall adjust these rates on an annual basis based on the actual assessment approved by the SWDD Board. The first adjustment, if any, will apply as of October 1, 2019 and annually thereafter. 6. The Town shall use the funds provided by SWDD to compensate their franchised collector for base recycling services. If the Town elects to have recycling collection services above and beyond this compensation, the Town's franchised collector is to collect the fees for those additional services at the direction of the Town. 7. The SWDD will provide 3,000 standard 64 -gallon blue recycling carts to the Town at the inception of the single stream carted program. This is anticipated to start on November 1, 2018. We have reached out to Waste Management to purchase 3,000 standard 64 -gallon blue recycling carts as they have extra in inventory. Waste Management has agreed to sell the carts to SWDD for their original 2015 purchase cost of $112,093.20. This is approximately $37.36 per cart which includes the RFID tag and the In - Mold Label. We also reached out to Otto which is the original manufacturer for the carts. The total current cost from Otto including delivery comes out to $131,790.00 which is appriximately $43.93 per cart. Staff is recommending purchasing the carts from Waste Management at a total cost of $112,093.20. FUNDING - PAYMENT To TOWN: The payment for the residential base recycling services is to be paid to the Town by SWDD. The funding for these recyclables collection services are in the SWDD recycling account under Other Contractual Services, Account No. 41125534-033490, which is funded from SWDD assessments and userfees. Based on the calculation in the MOU, the estimated total monthly costs are $5,920.14 and the estimated annual costs are $71,041.71. It is estimated that approximately $9,000 will be paid to the Town for the remaining month and half of the 2017/2018 fiscal year. The estimated annual cost of the recycling services to be paid to the Town for the 2018/2019 fiscal year is estimated at $72,000. Since this is a new expense, a budget amendment will be required for both 2017/2018 fiscal year and 2018/2019 fiscal year. CART PURCHASE: The purchase of the carts from Waste Management would come from Other Operating Supplies, Account No. 41125534-035290, which is funded from SWDD assessments and user fees. The purchase of 3,000 standard 64 -gallon blue recycling carts at a cost of $37.36 per cart is $112,093.20. The funding for the cart purchase was not included in the 2017/2018 fiscal year budget. Therefore, a budget amendment will be required this fiscal year to coverthe actual expenditure. 636 @BCL@2826758F.docx Page 2 of 3 Description Account Number Amount Other Contractual Services (Fiscal Year 2017/2018) 41125534-033490 $9,000 Other Operating Supplies (Fiscal Year 2017/2018) 41125534-035290 $112,093.20 Other Contractual Services (Fiscal Year 2018/2019) 41125534-033490 $72,000 RECOMMENDATION: Solid Waste Disposal District (SWDD) staff recommends the following for Board review and approval: 1. The Board approve the Interlocal Agreement and Memorandum of Understanding between SWDD and the Town of Indian River Shores (the Town). 2. The Board approve the purchase of 3,000 standard 64 -gallon blue recycling carts from Waste Management, Inc. (WM) of Florida via a purchase order in the total amount of $112,093.20. 3. Authorize the Office of Management and Budget (OMB) to prepare a budget amendment for Fiscal Year 2017/2018 in the amount of $121,093.20 to cover the payment to the Town for recycling services and the purchase of the carts from WM. 4. Authorize OMB to prepare a budget amendment for Fiscal Year 2018/19 in the amount of $72,000 to cover the payment to the Town for recycling services. ATTACHMENT: 1. Interlocal Agreement 2. Memorandum of Understanding 637 @BCL@2826758F.docx Page 3 of 3 INTERLOCAL AGREEMENT This Agreement, entered into this _ day of 2018, by and between the Town of Indian River Shores (hereinafter referred to as the TOWN) and Indian River County, Solid Waste Disposal District (hereinafter referred to as the SWDD. WHEREAS, Florida Statute 403.706(1) gives the governing body of a county the responsibility and power to provide for the operation of solid waste disposal facilities to meet the needs of all incorporated and unincorporated areas of the county; and WHEREAS, the Town voluntarily joined the SWDD on December 10, 1987 in accordance with County Ordinance No. 87-67 adopted by the Indian River County Board of County Commissioners for the creation of SWDD on December 22, 1987; and WHEREAS, Florida Statute 403.706(2)(a) establishes a recycling goal of 75% by December 31, 2020, along with interim goals of 40% by December 31, 2012; 50% by December 31, 2014; 60% by December 31, 2016; and 70% by December 31, 2018; and encourages counties and municipalities to form cooperative arrangements for implementing recycling programs; and WHEREAS, SWDD, a dependent special district, was created for the purpose of providing an efficient and acceptable means for the disposal of solid waste generated by the residents of Indian River County; and WHEREAS, the intent and requirement of the SWDD is that all solid waste generated by assessable property within the district, or disposed of in the district, be disposed of through the SWDD, and that all assessable property within the SWDD be charged an annual special assessment (the "disposal charge") to help pay for the disposal costs; and WHEREAS, the before -mentioned requirements will promote the health, safety, and welfare of the citizens of the district by providing environmentally sound ways of disposing of solid waste, by reducing illegal dumping, and by paying for the service through the fairest reasonable method; and WHEREAS, the SWDD has developed and implemented programs to return valuable materials to productive use, to conserve energy and natural resources, and to protect capacity at solid waste management facilities; and WHEREAS, the SWDD implemented a recycling collection program for single family units in fiscal year 1991-92; and WHEREAS, the SWDD expanded the recycling collection program in fiscal year 1993- 94 to include all residential units, single family and multi -family; and WHEREAS, the Town, through previous interlocal agreements, (January 23, 1992, and September 28, 1993) authorized the SWDD to provide the recycling collection program within the Town; and WHEREAS, the SWDD entered into a service contract for the collection of recyclables from all residential units in Indian River County to commence on October 1, 2015 for the base 638 term of seven (7) -years expiring on September 30, 2022 with the option for renewal of three (3) years, if approved, expiring on September 30, 2025; and WHEREAS, the SWDD currently provides Customer Convenience Centers (CCC's) for residents to drop off solid waste, recyclables, and yard waste as an alternative to curbside collection, as well as "sharps" disposal, electronics recycling, and household hazardous waste disposal; and WHEREAS, the SWDD currently provides education and outreach to all residents regarding solid waste and recycling programs offered to Indian River County residents; and WHEREAS, from time to time grants may become available for the operation of solid waste management, recycling, and education programs for which SWDD may apply; and WHEREAS, the SWDD has invested in disposal and recycling facilities capable of receiving materials from the TOWN and is committed to continuing to develop programs and infrastructure to assist Indian River County in reaching the 75% recycling goal; and WHEREAS, the TOWN has entered into a contract with the TOWN's own independent and exclusive solid waste and recycling franchise collector for service within the Town limits; and NOW THEREFORE, the SWDD and the TOWN hereto mutually agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Agreement shall be effective from the date it is filed with the Clerk of the Circuit Court of Indian River County and shall remain in effect for twenty (20) years, unless modified by subsequent agreement. 3. The TOWN shall, in its contractual agreements with TOWN's franchised collector, include recycling services consistent with that provided by SWDD for all residential units, public buildings, public parks and public beach access points located within the TOWN and encourage single stream recycling for all commercial businesses located within the TOWN. 4. The TOWN shall ensure that SWDD's residential recycling service standards are upheld by the TOWN's franchised collector and diligently seek resolution for any performance issues that may arise within the TOWN. At minimum, the TOWN's franchised collector shall deliver, utilize, maintain and repair/replace the single stream carts provided by SWDD at the inception of the recycling service. 5. The SWDD shall establish a baseline number of single family units and multi -family units within the Town based on information from the Indian River County Geographical Information System (GIS). The SWDD shall adjust these unit counts up or down based on monthly certificate of occupancy or certificate of demolition provided by the TOWN. 6. So long as the TOWN uses their own independent and exclusive franchise recycling collector, the SWDD shall, on a monthly basis, provide the TOWN a transfer of funds for residential recycling based on the GIS units stated above. The TOWN shall only use these funds to compensate their franchised collector for base recycling services. Proof of payment to TOWN's franchised collector shall be provided to SWDD within 3.0 days of payment to the 639 TOWN's franchised collector. If the TOWN should elect to have recycling collection services above and beyond this compensation, the TOWN'S franchised collector shall collect the fees for those additional services at the direction of the TOWN. 7. The SWDD and the TOWN shall enter into a Memorandum of Understanding (MOU) to detail the specific parameters related to carts, baseline and on-going single family and multi -family unit counts as well as the associated rates, which shall be in effect while the TOWN has its own independent and exclusive franchise recycling collector. 8. At the termination of the current contractual agreements for recycling collection of the SWDD and the TOWN, the SWDD shall, in its contractual agreements with franchised collectors, include recycling collection services for all single family and multi - family and units located within the TOWN. 9. The SWDD shall operate facilities capable of managing municipal solid waste generated within the TOWN. 10. The TOWN is responsible for directing all solid waste and residential single stream recyclables collected within its municipal boundary to be delivered to the SWDD facility, or other facility as designated by the SWDD. 11. The TOWN shall reasonably cooperate with the SWDD in providing information necessary to prepare the SWDD's annual report to the Florida Department of Environmental Protection on recycling activities as required by Section 403.706(7) Florida Statutes. 12. Should grants become available for the operation of solid waste management, recycling, and education programs, the TOWN shall allow the SWDD to include the TOWN in its application. 13. The SWDD shall utilize any grant funds received, through the participation of the TOWN in a joint application, for the development, implementation, and operation of county -wide programs. 14. Any notice that may be extended by one party to the other pursuant to or as a result of this Agreement shall be extended by regular, first class, United States mail, postage prepaid or by hand delivery as follows: To the TOWN: Town Manager 6001 North A 1 A Indian River Shores, FL 32963 To the SWDD: County Administrator Solid Waste Disposal District 1801 27th Street Vero Beach, FL 32960 640 Either party to this Agreement may unilaterally redesignate the address of or person to whom notice is to be directed by giving notice to all other parties hereto. 15. This Agreement supersedes and replaces all previous interlocal agreements between TOWN and SWDD. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written. Attest: Solid Waste Disposal District Jeffrey R. Smith, Clerk of Court and Indian River County, Florida Comptroller Lo Deputy Clerk Peter D. O'Bryan, Chairman Approved By: Jason E. Brown, County Administrator Attest: Laura Aldrich, Town Clerk By: CV&W14-'4&nk Town Clerk Approved By: Robert H: Stabe, Jr., Town Manager Date Approved by SWDD: Approved as to Form and Legal Sufficiency By: Dylan Reingold, County Attorney Town of Indian River Shores F. Slater, Mayor Date Approved: Approved as to Form and Legal Sufficient By: Chester Clem, Town Attorney 641 MEMORANDUM OF UNDERSTANDING TOWN OF INDIAN RIVER SHORES AND INDIAN RIVER COUNTY, SOLID WASTE DISPOSAL DISTRICT THIS MEMORANDUM OF UNDERSTANDING ("MOU"), entered into this day of 2018, by and between the Town of Indian River Shores (hereinafter referred to as the TOWN) and Indian River County, Solid Waste Disposal District (hereinafter referred to as the SWDD). WHEREAS, on 2018, the TOWN and SWDD entered into an Interlocal Agreement (the "Agreement"); and WHEREAS, the TOWN has entered into a contract with the TOWN's own independent and exclusive solid waste and recycling franchise collector for service within the Town limits; and WHEREAS, the TOWN and SWDD agree that there are 1,643 single family residential units and 1,691 multi -family residential units in the TOWN as of January 2018. WHEREAS, the SWDD entered into a service contract for the collection of recyclables from all residential units in Indian River County to commence on October 1, 2015 for the base term of seven (7) years expiring on September 30, 2022 with the option for renewal of three (3) years, if approved, expiring on September 30, 2025; and WHEREAS, the TOWN has a mix of neighborhoods governed by homeowners' associations that may or may not allow for curbside collection, but TOWN has agreed to convert all residential units to a cart -based recycling collection system beginning November, 2018; and WHEREAS, the TOWN intends to actively participate in the next re -bid for the county- wide curbside recycling contract. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree,as follows: 1. SWDD Responsibilities. a. The SWDD shall provide 3,000 standard 64 -gallon blue recycling carts to the TOWN's franchisee at the inception of the single stream recycling program within the TOWN. b. The SWDD shall pay a rate of $2.03 per month per single family residential units and pay a rate of $1.53 per month per multi -family residential units effective upon execution of this MOU. Page I of 4 642 c. The SWDD shall adjust these rates on an annual basis based on the actual assessment that is approved by the Indian River County Solid Waste Disposal District per the calculations in Attachment A. The adjusted rates will apply as of October 1, 2019 and annually thereafter. d. When the SWDD issues the next RFP for county -wide recycling collection services, the RFP will include competitively bid pricing for premium recycling service for single family residents of the TOWN. Premium service could include retrieving, emptying, and returning recycling carts to the side door/rear door (or some variation thereof). The TOWN and SWDD will collaborate to finalize the premium service options and pricing strategy. e. The SWDD recycling collection RFP will include competitively bid pricing. for premium recycling service for TOWN multi -dwelling properties. Premium service could include retrieving, emptying, and returning recycling carts or roll-out containers from various locations on certain multi -dwelling properties. The TOWN and SWDD will collaborate to finalize the premium service options and pricing strategy. 2. TOWN Responsibilities. a. The TOWN shall direct their recycling franchise collector to deliver, utilize, maintain and repair/replace the single stream carts provided by SWDD. b. . So long as the TOWN uses their own independent and exclusive franchise recycling collector, the SWDD shall, on a monthly basis, provide the TOWN a transfer of funds for residential recycling based on the GIS units stated above. The TOWN shall only use these funds to compensate their franchised collector for base recycling services. Proof of payment to TOWN's franchised collector shall be provided to SWDD within 30.days of payment to the TOWN's franchised collector. If the TOWN should elect to have recycling collection services above and beyond this compensation, the TOWN'S franchised collector shall collect the fees for those additional services at the direction of the TOWN. c. The TOWN shall provide a monthly update on the number of new single family and multi -family residential units that have received a "Certificate of Occupancy" as well as any residential units that have received a "Demolition Permit". The total residential counts will be adjusted up or down accordingly. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed by their respective duly authorized officers as of the day and year first written above. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Solid Waste Disposal District Indian River County, Florida Page 2 of 4 643 Deputy Clerk Approved By: Jason E. Brown, County Administrator Attest: Laura Aldrich, Town Clerk By: 6�� Town. Clerk Approved By: La'. Robert H. Stabe, Jr., Town anager Page 3 of 4 Peter D. 'O'Bryan, Chairman Date Approved by SWDD: Approved as to Form and Legal Sufficiency By: Dylan Reingold, County Attorney Town of Indian River Shores By: Thoma F. SIater, Mayor Date Approved: Approved as to Form and Legal Sufficienc Chester Clem, Town Attorney 644 ATTACHMENT A SWDD - SINGLE STREAM RECYCLING ASSESSMENT - FISCAL YEAR 2017/18 DESCRIPTION COST/ UNITS CALCULATION KEY TOTAL RECYCLING EXPENSES (CCC's & Singie'Streani Recycling) '• $4,850,000 a SWDD Budget %Expenses for Single Stream Recycling Total Single Stream Recycling Expenses 54% b $2,600,000 c SWDD Budget c=a *b TOTAL RECYCLING & NON-ASSESSMENTREVENUES r . _'$1,563,645 d SWDD Budget % of Revenues for Single Stream Recycling Total Single Stream Recycling Revenues 54% e $838,243 f e = b f=d * e SUBTOTAL'SINGLE STREAM RECYCLING ASSESSMENT _ $1,761,757 g g = c - f Adjustment for 95% Revenues $92,724 h h = g / 0.95 - g TOTAL SINGLE STREAM RECYCLING ASSESSMENT ,; : • ?",.-'$1,8541,481 i i = g + h TOTAL NUMBER OF RESIDENTIAL INASTEGENERATIONUNITS (WGU).... 121,593 j Property Appraiser Annual Single Stream Rate per WGU: $15.25 k k = i / j Annual Total Single family Cost $24.40 1 1 = k * 1.6 Mo2thlyTotal Single Family Cost $2.03 m m = 1/ 12 Annual Total Multi -Family Cost $18.30 n n = k * 1.2 Monthly Total Multi -Family Cost $1.53 O o= n / 12 Total Number of Single Family Units in theTown of Indian River Shores 1,643 p IRC GIS Monthly Single Family Reimbursement $3,341.11 q q = m & p Annual Single Family Reimbursement $40,093.27 r r= q * 12 Total Number of Multi -Family Units in the Town of Indian River Shores 1,691 s IRC GIS Monthly Multi -Family Reimbursement $2,579.04 t t = O " s Annual Multi -Family Reimbursement $30,948.44 u u = t * 12 Total Monthly Reimbursement $5,920.14 v v= q + t Total Annual Reimbursement $71,041.71 w w = r + U Notes: 1) The Single Stream Recycling portion of the AnnuaI Residential SWDD Assessment is based on the total expenses minus a portion of recycling revenues for single stream recycling. 2) The annual single stream rate is arrived at taking the total Single Stream Recycling portion divided by the number of total number ofresidential wa ste generati on units (WGU) as provided by the Property Appra iser. 3) One WGU is equal to one ton of waste. An single family residential unit is 1.6 times the number of WGU's. A multi- family residential units is 1.2 times the number of WGU's. 4) The above rates are approved annually by the Solid Waste Disposal District Board per a public hearing budgetary procedures. The rates are on a fiscal year basis, i.e. from October 1 to September 30. 5) The Indian River County GIS Department has used the annual tax roll information to determi ne the tot@ I number of single family and multi -fa milt' units within the Town of Indian River Shores. Page 4 of 4 645