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HomeMy WebLinkAbout11/22/2016 (3)��v�R c� G� COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District 5 Joseph E. Flescher, Vice Chairman District 2 Susan Adams District 1 Peter D. O'Bryan District 4 Tim Zorc District 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 22, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff's Department 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney OATH OF OFFICE BOARD OF COUNTY COMMISSIONERS The Honorable Robert L. Pegg, Circuit Judge, Nineteenth Judicial Circuit Court of Florida ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN ELECTION OF BOARD OF COUNTY COMMISSION VICE-CHAIRMAN Noveinber 22, 2016 Page 1 of 7 .,� 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS PAGE 5. 6. 7. 8. PROCLAMATIONS and PRESENTATIONS None APPROVAL OF MINUTES A. Regular Meeting of October 4, 2016 B. Regular Meeting of October 11, 2016 C. Regular Meeting of October 18, 2016 INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Public Design Workshop: Gifford Road Landfill Site Redevelopment Plan, Saturday, December 10, 2016, 9:30 am to 3:00 pm, Gifford Community Center, 4855 43rd Avenue 1 ___--------------------------------------------------------------------------------------------- AGENDA A. Approval of Checks and Electronic Payments November 4, 2016 to November 10, 2016 __memorandum dated November 10,_2016) 2-9 - ----------------------------------------------- B. Dori Slosberg Driver Education Safety Act, Indian River County Traffic Education Program Trust Fund Report, Cumulative Reporting Through 09/30/16 __(memorandum dated November -14,201 §) ---------------------- 10.1 l C. Annual Resolution Delegating the Authority to the County Administrator or his designee, to execute Resolutions Calling Letters of Credit as Necessary during a Declared State of Local Emergency or Declared State of Florida Emergency Affecting Indian River County _(memorandum dated November 14 2016) 12-14 --------------------------------------- -------------------------------------------------------- 4 November 22, 2016 Page 2 of 7 8. CONSENT AGENDA PAGE D. Annual Resolution re Delegation of Authority Concerning Declarations of State of Local Emergencies and to Act in a State Declared Emergency Affecting Indian River County __(memorandum dated November 14 2016) 15-17 --------------- E. Annual Resolution re Signatories __(memorandum dated November _14,201 §) _______ 18-23_ F. Approval to Reclassify Certain Positions to Non -Exempt and to Increase the Salary of Individuals in Exempt Positions to the New Minimum effective November 25, 2016 due to a Change in the FLSA White Collar Exemption which Becomes Effective December 1, 2016 __(memorandum dated November 16 2016) 24-26 G. Approval to Provide Lump Sum Bonus to Exempt Employees who Worked Additional Hours Related to Hurricane Matthew _(memorandum_datedNovember 16,_2016) ________________27-28 - ----------------------------------- H. Approval to Renew the Agreement with Gehring Group dated May 11, 2010 to Provide Agent of Record Services Relating to Employee Benefits for One Additional One -Year Term (memorandum dated November 16,_2016) 29-39 ---------------------------------=------- -------------------------------------------------------------- I. Miscellaneous Budget Amendment .001 (memorandum dated November -10,201 6)40-43 --------------- J. Declaration of Excess Equipment as Surplus for Sale or Disposal -_(memorandum dated November 152016) 44-45 ----------------------------- P ------ ------------------------------------------------------------- K. DiVosta Homes, LP's Request for Final Plat Approval for The Lakes at Waterway Village 2A-2PD (memorandum dated November 7 2016) 46-67 L. Amendment No. 1 to 12`h Street Watermain Design Contract with MBV Engineering, Inc. (memorandum dated November 9 2016) 68-72 -------------------------------------------------- -------------------------------------------------------------- M. Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International __(memorandum dated November 8 2016) 73-92 N. Florida Fish & Wildlife Conservation Commission Gopher Tortoise Habitat Management Funding Assistance _(memorandum dated November 15,_2016) 93-105 November 22, 2016 Page 3 of 7 9• CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE, None 10. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearine December 6.2016: County Initiated Request to Amend the 5 Year Capital Improvements Program and Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan (Legislative) (memorandum dated November 3 2016) 106 -- -- - -------------- --- ------------------------------------------ 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emer2encv Services None C. General Services None 1, Human Services None 2, Sandridge. Golf Club None 3, Recreation None November 22, 20116 Page 4 of 7 12. DEPARTMENTAL MATTERS D. human Resources None PAGE E. Office of Management and Budget 1. Quarterly Budget Report _(memorandum dated November 14,_ 2016)_ 107-117 - ------------------------------------ F; Public Works None G. Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Tourist Development Council Vacancy Appointment (memorandum dated November 14, 2016) 118-126 --------------------------------------------------- B. Indian River County Committees _ Member Reappointments --(memorandum dated November 14, 20.16)- - 127-131 C. Termination of the License Agreement for Jones Pier (memorandum dated November 1 132-135 6 2016) -- D. Request for Tenth Lease Amendment with St. Francis Manor (memorandum dated November 16, 201 16, --------------------------------136-151--- E. Fellsmere Water Control District Interlocal Agreement for Maintaining Unpaved Roads (memorandum dated November 16 2016) 152-162 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari None B. Commissioner Josenh E. Flescher None November 22, 2016 Page 5 of 7 14. COMMISSIONERS MATTERS PAGE C. Commissioner Susan Adams None D. Commissioner Peter D. O'Bryan None E. Commissioner Tim Zorc 11. Indian River Lagoon Council (memorandum dated November 15,_2016)------------------ 163 15. SPECIAL DISTRICTS AND BOARDS A. Emereencv Services District None B. Solid Waste Disposal District 1. Approval of Minutes Meeting of September 13, 2016 2. Approval of Minutes Meeting of September 20, 2016 3. Approval of Minutes Meeting of October 4, 2016 4. Approval of Minutes Meeting of October 18, 2016 5. Final Eighth Amendment to Feedstock Supply Agreement memorandum dated November 16 2016 164-166 - -- - --------)-------------------------------------------------- C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of .the meeting. November 22, 2016 Page 6 of 7 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.lrcgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6.00 p.m. until Wednesday at 6.00 a.m., Wednesday at 9.00 a.m. until 5:00 p.m., Thursday at 1: 00 p.m. through Friday Morning, and.Saturda at 12:00 Noon to 5.00 p,m. November 22, 2016 Page 7 of 7 aif�o c�j c>i:t .: 1� Y@u Avg �nw'oftd To Participate In A Public Design Workshop ' - ° - ' - ° ° ° • ° ° Provide Input Share Ideas AWA& - BIW IPZO SgD Oa hoffl@ @9 O Collaborate With Neighbors Help Shape the Future of Our Community For More Information Please Contact: Himanshu Mehta, Indian River County (772) 770-5112, hmehta@ircgov.com %1W ' " D ° or Stephanie Heidt, Treasure Coast RPC 00 Aorso 9W Q ° (772) 221-4060, sheidt@tcrpc.org '*Afford Ajf v-"" Public Participation is solicited without regard to race, color, national origin, sex, religion, disability or family status. Persons who require special accommodations under the American with Disabilities Act or persons who require transla- tion services should contact Mr. Mehta at least seven (7) days prior to the workshop. A ,a�""`'.�� �"r`w Your Voice is Vitol to the Awl•` � .-Success of This Effort - RAII+.INIID^ y/(30. �� ,� _ ;; This project is a collaboration between Indian River County, Geosyntec Ge®syntecQ Consultants, and the Treasure Coast Regional Planning Council. Funding cunsuluinis for this effort is provided through a U.S. Environmental Protecion Agency Brownfield: Coalition Assessment Grant. CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 346330 11/08/2016 UTIL REFUNDS 85.04 346331 11/08/2016 UTIL REFUNDS 59.17 346332 11/08/2016 UTIL REFUNDS 50.49 346333 11/08/2016 UTIL REFUNDS 28.56 346334 11/08/2016 UTIL REFUNDS 75.32 346335 11/08/2016 UTIL REFUNDS 7.03 346336 11/08/2016 UTIL REFUNDS 71.09 346337 11/08/2016 UTIL REFUNDS 43.15 346338 11/08/2016 UTIL REFUNDS 101.10 346339 11/08/2016 UTIL REFUNDS 66.80 346340 11/08/2016 UTIL REFUNDS 213.94 346341 11/08/2016 UTIL REFUNDS 29.00 346342 11/08/2016 UTIL REFUNDS 58.52 346343 11/08/2016 UTIL REFUNDS 32.74 346344 11/08/2016 UTIL REFUNDS 72.16 346345 11/08/2016 UTIL REFUNDS 25.46 346346 11/08/2016 UTIL REFUNDS 28.89 346347 11/08/2016 UTIL REFUNDS 20.86 346348 11/08/2016 UTIL REFUNDS 79.14 346349 11/08/2016 UTIL REFUNDS 60.32 346350 11/08/2016 UTIL REFUNDS 336.86 346351 11/08/2016 UTIL REFUNDS 73.90 346352 11/08/2016 UTIL REFUNDS 102.31 346353 11/08/2016 UTIL REFUNDS 73.66 346354 11/08/2016 UTIL REFUNDS 32.21 346355 11/08/2016 UTIL REFUNDS 55.22 346356 11/08/2016 UTIL REFUNDS 28.64 346357 11/08/2016 UTIL REFUNDS 27.89 346358 11/08/2016 UTIL REFUNDS 44.38 346359 11/08/2016 UTIL REFUNDS 53.01 346360 11/08/2016 UTIL REFUNDS 78.47 346361 11/08/2016 UTIL REFUNDS 41.45 346362 11/08/2016 UTIL REFUNDS 42.88 346363 11/08/2016 UTIL REFUNDS 87.00 346364 11/08/2016 UTIL REFUNDS 90.95 346365 11/08/2016 UTIL REFUNDS 42.88 346366 11/08/2016 UTIL REFUNDS 60.48 346367 11/08/2016 UTIL REFUNDS 4.31 346368 11/08/2016 UTIL REFUNDS 31.65 346369 11/08/2016 UTIL REFUNDS 42.60 346370 11/08/2016 UTIL REFUNDS 39.47 346371 11/08/2016 UTIL REFUNDS 100.00 346372 11/08/2016 UTIL REFUNDS 43.97 346373 11/08/2016 UTIL REFUNDS 86.81 346374 11/08/2016 UTIL REFUNDS 59.53 346375 11/08/2016 UTIL REFUNDS 36.22 346376 11/08/2016 UTIL REFUNDS 21.08 346377 11/08/2016 UTIL REFUNDS 21.33 346378 11/08/2016 UTIL REFUNDS 86.22 346379 11/08/2016 UTIL REFUNDS 29.08 346380 11/08/2016 UTIL REFUNDS 27.30 346381 11/08/2016 UTIL REFUNDS 32.22 346382 11/08/2016 UTIL REFUNDS 11.68 346383 11/08/2016 UTIL REFUNDS 91.74 346384 11/08/2016 UTIL REFUNDS 341.16 346385 11/08/2016 UTIL REFUNDS 90.95 346386 11/08/2016 UTIL REFUNDS 63.72 346387 11/08/2016 UTIL REFUNDS 69.64 3 TRANS NBR DATE VENDOR AMOUNT 346388 11/08/2016 UTIL REFUNDS 15.03 346389 11/08/2016 UTIL REFUNDS 33.91 346390 11/08/2016 UTIL REFUNDS 56.49 346391 11/08/2016 UTIL REFUNDS 74.79 346392 11/08/2016 UTIL REFUNDS 40.76 346393 11/08/2016 UTIL REFUNDS 10.89 346394 11/08/2016 UTIL REFUNDS 1,968.76 346395 11/08/2016 UTIL REFUNDS 42.36 346396 11/08/2016 UTIL REFUNDS 9.95 346397 11/08/2016 UTIL REFUNDS 64.28 346398 11/08/2016 UTIL REFUNDS 42.89 346399 11/08/2016 UTIL REFUNDS 46.44 346400 11/08/2016 UTIL REFUNDS 34.92 346401 11/08/2016 UTIL REFUNDS 81.11 346402 11/08/2016 UTIL REFUNDS 37.48 346403 11/08/2016 UTIL REFUNDS 62.15 346404 11/08/2016 UTIL REFUNDS 39.72 346405 11/08/2016 UTILREFUNDS 51.76 346406 11/08/2016 UTIL REFUNDS 56.17 346407 11/08/2016 UTIL REFUNDS 55.86 346408 11/08/2016 UTIL REFUNDS 338.69 346409 11/08/2016 UTIL REFUNDS 113.84 346410 11/08/2016 UTIL REFUNDS 40.54 346411 11/08/2016 UTIL REFUNDS 65.85 346412 11/08/2016 UTIL REFUNDS 38.90 346413 11/08/2016 UTIL REFUNDS 44.52 346414 11/08/2016 UTIL REFUNDS 26.95 346415 11/08/2016 UTIL REFUNDS 44.52 346416 11/08/2016 UTIL REFUNDS 58.21 346417 11/08/2016 UTIL REFUNDS 87.80 346418 11/08/2016 UTIL REFUNDS 126.97 346419 11/08/2016 UTIL REFUNDS 332.39 346420 11/08/2016 UTIL REFUNDS 11.17 346421 11/08/2016 UTIL REFUNDS 11.74 346422 11/08/2016 UTIL REFUNDS 45.07 346423 11/09/2016 PORT CONSOLIDATED INC 31,679.56 346424 11/09/2016 FIRE EQUIPMENT SVC OF ST LUCIE INC 200.00 346425 11/09/2016 JORDAN MOWER INC 474.55 346426 11/09/2016 TEN -8 FIRE EQUIPMENT INC 2,005.64 346427 11/09/2016 VELDE FORD INC 45.65 346428 11/09/2016 SAFETY PRODUCTS INC 99.54 346429 11/09/2016 STEWART MATERIALS INC 512.80 346430 11/09/2016 DATA FLOW SYSTEMS INC 6,841.19 346431 11/09/2016 SEWELL HARDWARE CO INC 373.17 346432 11/09/2016 DELTA SUPPLY CO 126.91 346433 11/09/2016 GRAINGER 742.05 346434 11/09/2016 KELLY TRACTOR CO 1,354.47 346435 11/09/2016 GRAYBAR ELECTRIC 1,327.58 346436 11/09/2016 AMERIGAS EAGLE PROPANE LP 95.06 346437 11/09/2016 HACH CO 1,807.68 346438 11/09/2016 HICKMANS BRAKE & ALIGNMENT 141.50 346439 11/09/2016 LFI FORT PIERCE INC 1,178.45 346440 11/09/2016 CLIFF BERRY INC 1,040.00 346441 11/09/2016 ACTION DIESEL INJECTION SERVICE INC 1,106.45 346442 11/09/2016 PHYSIO CONTROL INC 18,885.84 346443 11/09/2016 NATIONAL FIRE PROTECTION ASSOC 1,726.75 346444 11/09/2016 BOUND TREE MEDICAL LLC 1,710.18 346445 11/09/2016 VERO INDUSTRIAL SUPPLY INC 19.32 346446 11/09/2016 VERO FURNITURE MART 1,735.00 346447 11/09/2016 EXPRESS REEL GRINDING INC 3,500.00 4 TRANS NBR DATE VENDOR AMOUNT 346448 11/09/2016 TIRESOLES OF BROWARD INC 966.66 346449 11/09/2016 DELL MARKETING LP 2,477.65 346450 11/09/2016 GOODYEAR AUTO SERVICE CENTER 6,421.68 346451 11/09/2016 BAKER & TAYLOR INC 2,914.07 346452 11/09/2016 MIDWEST TAPE LLC 1,000.03 346453 11/09/2016 H D INDUSTRIES INC 1,610.58 346454 11/09/2016 K & M ELECTRIC SUPPLY 89.71 346455 11/09/2016 CENGAGE LEARNING CORPORATION 137.90 346456 11/09/2016 PC WEATHER PRODUCTS INC 1,975.00 346457 11/09/2016 SUNSHINE REHABILATION CENTER OF IRC INC 270.00 346458 11/09/2016 INDIAN RIVER COUNTY HEALTH DEPT 525.00 346459 11/09/2016 CITY OF VERO BEACH 61,867.09 346460 11/09/2016 STEPHEN WOJTASZEK 19.77 346461 11/09/2016 FERGUSON ENTERPRISES INC 6,121.41 346462 11/09/2016 LIVINGSTON PAGE 300.00 346463 11/09/2016 WILBERT SHEPHARD 162.00 346464 11/09/2016 JANITORIAL DEPOT OF AMERICA INC 574.58 346465 11/09/2016 PUBLIX SUPERMARKETS 39.67 346466 11/09/2016 ACUSHNET COMPANY 7,996.46 346467 11/09/2016 IRC CHAMBER OF COMMERCE 5,448.85 346468 11/09/2016 IRC CHAMBER OF COMMERCE 29,966.78 346469 11/09/2016 FEDERAL EXPRESS CORP 27.64 346470 11/09/2016 JOHN KING 100.00 346471 11/09/2016 FLORIDA POWER AND LIGHT 6,149.20 346472 11/09/2016 PHILLIP J MATSON 22.25 346473 11/09/2016 WASTE MANAGEMENT INC 806,115.68 346474 11/09/2016 WASTE MANAGEMENT INC 13,000.00 346475 11/09/2016 JASON E BROWN 250.00 346476 11/09/2016 TOCOMA RUBBER STAMP & MARKING SYSTEM 49.99 346477 11/09/2016 FLORIDA EMERGENCY PREPAREDNESS 250.00 346478 11/09/2016 TREASURE COAST SPORTS COMMISSION INC 4,659.00 346479 11/09/2016 BUILDING OFFICIALS ASSOC OF FLORIDA 1,050.00 346480 11/09/2016 GERALD A YOUNG SR 75.00 346481 11/09/2016 GREY HOUSE PUBLISHING 307.50 346482 11/09/2016 HENRY SMITH 288.00 346483 11/09/2016 NATIONAL ASSOCIATION OF COUNTIES 2,505.00 346484 11/09/2016 ALAN C KAUFFMANN 140.00 346485 11/09/2016 BANK OF NEW YORK 1,412.50 346486 11/09/2016 CAROLINA SOFTWARE INC 500.00 346487 11/09/2016 BRIDGESTONE AMERICAS INC 1,911.72 346488 11/09/2016 GATOR'S SOD INC 2,000.00 346489 11/09/2016 BRENNAN & KRETSCHMER 2,800.00 346490 11/09/2016 TRANE US INC 5,029.72 346491 11/09/2016 CELICO PARTNERSHIP 120.05 346492 11/09/2016 ANIXTER INC 180.00 346493 11/09/2016 BOYLE & DRAKE INC 375.00 346494 11/09/2016 FLORIDA DEPT OF JUVENILE JUSTICE 26,398.56 346495 11/09/2016 ALAN HILL 278.45 346496 11/09/2016 PARGAS 505.50 346497 11/09/2016 CENTRAL PUMP & SUPPLY INC 21.00 346498 11/09/2016 ARTCRAFT & FOREMOST INC 1,969.15 346499 11/09/2016 LARRY STEPHENS 108.00 346500 11/09/2016 ORCHID ISLAND PROPERTY MGMT 11 INC 2,350.00 346501 11/09/2016 D&S ENTERPRISES OF VERO BCH LLC 90.00 346502 11/09/2016 PETER OBRYAN 15.53 346503 11/09/2016 JOHNNY B SMITH 186.00 346504 11/09/2016 MOORE MEDICAL LLC 720.79 346505 11/09/2016 GLOBALSTAR USA 129.37 346506 11/09/2016 CHARLES A WALKER 90.00 346507 11/09/2016 FISHER & PHILLIPS LLP 318.00 TRANS NBR DATE VENDOR AMOUNT 346508 11/09/2016 DYNAMIC AIR QUALITY & COOLING INC 106.25 346509 11/09/2016 CEMEX 1,585.48 346510 11/09/2016 INDIAN RIVER CHARTER HIGH SCHOOL 250.00 346511 11/09/2016 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,250.00 346512 11/09/2016 K'S COMMERCIAL CLEANING 1,535.00 346513 11/09/2016 EQ THE ENVIRONMENTAL QUALITY COMPANY 23,349.02 346514 11/09/2016 EXPRESS SUPPLY INC 2,126.62 346515 11/09/2016 MCALHANY CONSTRUCTION CO INC 1,450.00 346516 11/09/2016 LARIAT ENTERPRISES INC 220.00 346517 11/09/2016 VERA SMITH 48.00 346518 11/09/2016 GARRETT SMITH 270.00 346519 11/09/2016 CHEMETRICS INC 583.93 346520 11/09/2016 KEMPER BUSINESS SYSTEMS 10.00 346521 11/09/2016 211 PALM BEACH/TREASURE COAST INC 10,000.00 346522 11/09/2016 YOUR AQUA INSTRUCTOR LLC 140.00 346523 11/09/2016 PICTOMETRY INTERNATIONAL CORPORATION 2,950.00 346524 11/09/2016 CIT FINANCE LLC 186.21 346525 11/09/2016 PROMATIC INC 4,797.70 346526 11/09/2016 HEATHER HATTON 60.00 346527 11/09/2016 NEWSOM OIL COMPANY 357.50 346528 11/09/2016 FORD GOLF AND SPECIALTIES LLC 1,840.76 346529 11/09/2016 LINDA GRAHAM 180.00 346530 11/09/2016 REHMANN GROUP LLC 40,000.00 346531 11/09/2016 LOWES HOME CENTERS INC 2,517.56 346532 11/09/2016 TRV ADVERTISTING & MARKETING INC 579.25 346533 11/09/2016 STEVEN G HANSEN 120.00 346534 11/09/2016 BURNETT LIME CO INC 12,905.20 346535 11/09/2016 IMPECCABLE SIGNS INC 19,245.00 346536 11/09/2016 HARRIS CUSTOMER SYSTEMS 97,192.28 346537 11/09/2016 BIRCHWOOD CASEY LLC 4,594.00 346538 11/09/2016 COURSE TRENDS INC 300.00 346539 11/09/2016 WADE WILSON 110.00 346540 11/09/2016 COAST TO COAST COMPUTER PRODUCTS 335.98 346541 11/09/2016 RDW QUALITY BUILDERS LLC 31,476.00 346542 11/09/2016 FORTILINE INC 5,749.50 346543 11/09/2016 THE LAW OFFICES OF 1,441.00 346544 11/09/2016 BERNARD EGAN & COMPANY 2,139.15 346545 11/09/2016 E ALLEN STEWART III PE LLC 2,700.00 346546 11/00/2016 AMERITAS 26,763.46 346547 11/09/2016 LANGHAM CONSULTING SERVICES INC 11,895.00 346548 11/09/2016 RONALD NICHELSON 60.00 346549 11/09/2016 FOUNDATION FOR AFFORDABLE RENTAL 490.00 346550 11/09/2016 HAWKINS INC 2,863.75 346551 11/09/2016 ANFIELD CONSULTING GROUP INC 10,000.00 346552 11/09/2016 LONGHORN LANDSCAPING AND SOD LLC 1,174.50 346553 11/09/2016 MODULAR BUILDING SYSTEMS INTERNATIONAL 29,300.00 346554 11/09/2016 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2,650.00 346555 11/09/2016 GENUINE PARTS COMPANY 294.95 346556 11/09/2016 OGIO INTERNATIONAL INC 1,145.00 346557 11/09/2016 RED THE UNIFORM TAILOR 5,779.50 346558 11/09/2016 CATHEDRAL CORPORATION 1,368.30 346559 11/09/2016 GERELCO TRAFFIC CONTROLS INC 44,672.60 346560 11/09/2016 RSJ VENTURES LLC 757.80 346561 11/09/2016 UNIFIRST CORPORATION 482.34 346562 11/09/2016 UNIFIRST CORPORATION 907.07 346563 11/09/2016 WILSON SPORTING GOODS CO 1,089.64 346564 11/09/2016 SITEONE LANDSCAPE SUPPLY LLC 523.84 346565 11/09/2016 GOTTA GO GREEN ENTERPISES INC 81.80 346566 11/09/2016 ADVANCE STORES COMPANY INCORPORATED 620.17 346567 11/09/2016 NORTH AMERICAN OFFICE SOLUTIONS INC 43.61 6 TRANS NBR DATE IVENDOR AMOUNT 346568 11/09/2016 CERES ENVIRONMENTAL SERVICES 280,699.85 346569 11/09/2016 NWI RECYCLING INC 3,680.80 346570 11/09/2016 COVERALL NORTH AMERICA INC 1,792.76 346571 11/09/2016 BRITTANY ROBERTSON 53.50 346572 11/09/2016 E M ENTERPRISES GENERAL CONTRACTORS INC 5,300.00 346573 11/09/2016 PEOPLE READY INC 1,181.91 346574 11/09/2016 PEOPLE READY INC 31,065.36 346575 11/09/2016 DISTINCTIVE LANDSCAPE MANAGEMENT 920.00 346576 11/09/2016 ROBERT O RICHARDSON 60.00 346577 11/09/2416 LINKSOUL LLC 1,083.95 346578 11/09/2016 LONGEVITY LADY FITNESS 75.00 346579 11/09/2016 JOHN WHELAN 1,076.98 346580 11/09/2016 CITY OF VERO BEACH 4,793.13 346581 11/09/2016 IRC CHAMBER OF COMMERCE 11,456.70 346582 11/09/2016 ITS FLORIDA TRANSPO 400.00 346583 11/09/2016 ITS FLORIDA TRANSPO 440.00 346584 11/09/2016 SCHOOL DISTRICT OF I R COUNTY 23,325.00 346585 11/09/2016 ARDAMAN & ASSOCIATES INC 4,211.25 346586 11/09/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 36.38 346587 11/09/2016 ADM VENTURES INC 844.97 346588 11/09/2016 BENJAMIN ZIMEI 125.00 Grand Total: 1,890,424.62 7 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE NTENDOR AMOUNT 1010091 11/04;2016 EVERGLADES FARM EQUIPMENT CO INC 457.20 1010092 1 1/04/2016 HELENA CHEMICAL 932.75 1010093 11 /04'2016 INDL4-N RIVER OXYGEN INC 3,468.50 1010094 11/04/201 , 6 APPLE INDUSTRIAL SUPPLY CO 26.06 1010095 11/04/201 IRRIGATION CONSULTANTS UNLIMLTED INC .43.33 1010096 11/04/2016 THE EXPEDITER 420.7 3 1010097 11/04/2016 CAPITAL OFFICE PRODUCTS 979.53 1010098 11/04/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 152.60 1010099 11/04/2016 L&L. DISTRIBUTORS 581.84 1010100 11/07/2016 AT&T 5.894.24 1010101 11/07/2016 OFFICE DEPOT BSD CUSTOMER SVC 1.1.23.54 1010102 11 /07/2016 WASTE MANAGEMENT INC 1.200.54 1010103 11/07/2016 ROBINSON EQUIPMENT COMPANY INC 1,878.77 1010104 11/07/2016 RING POWER CORPORATION 712.00 1010105 11/07/2016 MEEKS PLUMBING INC 134.00 1010106 11/07/2016 NEWMANS POWER SYSTEMS 157.50 1010107 11/07/2016 SOUTHERN COMPUTER WAREHOUSE 477.42 1010108 11/07/2016 DEERE & COMPANY 3.826.77 1010109 11 /07/2016 TOTAL TRUCK PARTS INC 1.97.78 1010110 11/07/2016 HD SUPPLY FACILITIES MAINTENANCE LTD 977.9_ 1010111 11/07/2016 THOMPSON TRACTOR 724.78 1010112 11/07/2016 SHRIEVE CHEMICAL CO 4.734.06 101011.3 11/07/2016 SOUTHERN JANITOR SUPPLY INC ?.573.55 1010114 11/07/2016 METRO FIRE PROTECTION SERVICES INC ?.842.56 1010115 11/07/2016 PACE ANALYTICAL SERVLCES INC 484.00 1010116 l 1/10/201.6 AT&T 7.368.12 1.010117 11/10/2016 OFFICE DEPOT BSD CUSTOMER. SVC 1,600.02 1010118 11/10/2016 WASTE MANAGEMENT INC 1.311.96 1010119 11/10/2016 COMCAST 21.95 1010120 11/10/2016 T -MOBILE USA INC 612.00 Grand Totai: 46.216.03 E ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4698 11/04/2016 VEROTOWN LLC 795.00 4699 11/04/2016 BENEFITS WORKSHOP 1,309.58 4700 11/04/2016 BENEFITS WORKSHOP 8,155.52 4701 11/04/2016 ICMA RETIREMENT CORPORATION 11,467.24 4702 11/04/2016 ICMA RETIREMENT CORPORATION 2,670.00 4703 11/04/2016 IRC FIRE FIGHTERS ASSOC 7,110.00 4704 11/04/2016 NACO/SOUTHEAST 45,659.39 4705 11/04/2016 NACO/SOUTHEAST 1,015.73 4706 11/04/2016 FLORIDA LEAGUE OF CITIES, INC 5,258.71 4707 11/04/2016 FL SDU 5,852.60 4708 11/07/2016 IRS -PAYROLL TAXES 438,408.84 4709 11/08/2016 SENIOR RESOURCE ASSOCIATION 291,952.18 PCARD 11/08/2016 WELLS FARGO BANK, N.A. 28,470.57 4710 11/10/2016 INDIAN RIVER COUNTY SHERIFF 500,000.00 4711 11/10/2016 VETERANS COUNCIL OF I R C 5,630.59 4712 11/10/2016 MUTUAL OF OMAHA 7,106.37 Grand Total: 1,360,862.32 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1.801270' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: November 14, 2016 comp. yes SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 09/30/16 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 is effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund, driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. The Board currently carries a balance of $38,367. 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. APPROVED AGENDA ITEM: FOR: November 22, 2016 Indian River Approve Date Administrator rl 17 Ilk County Attorney It, 16= (6 Budget Af S 1(-16-14 Department Risk 10 1H 16911 0 LO f1 co 11 r o r � T O W O 0 Oz q WN C � C O Go 0 p N Cl) C r F ar C D n N N U) LU 9 t0 HOD O� V OO V M r W 1Ap N r O O rLQ Q LL N N t0 f0 00 ID � M co O t7 W d 2 LL LL O p Oy OrD�O MN y r N y 01 N N OD r y } N M (Do M N r OM7 O pf w M O co Y r n N O r 'o y fc v r }NN Om fv a r O O1 r {q N M c0O N O fO0 100 N O M Y Y M r 't Y N N N N N N Y LL C M r O pl �N Ng - 00p0 of c0 M N coM 001 -co o n Y N N 00 W OV N N LL O 1O+J O p1 � O r ap OD Nm N N N 0 N r n m fV N LL O M O � r � Ncn y OD r r N N OD y r N co M M N �Oa{ 1}1.O N v r OA O O O 00 0 A In N N y N M m O NN N C co0 IDN ID, } N N N O r LL O M C � r � y Im oD G O 1( U N N C 11! O N N } v O w M O m N M N M N O LL O tO' f O p! r to ID r M N M r r 0 O O) OOO at MM v st t0 v N N LL Ol co m r V] aC N D N � O W yy o p Mrs CO OD N m 10 O O N N N tN0 QD V� y 1n OD O OD LL O0 N N y G O N 0 t0_ f0_ N N M M 10 w OD O LL O M_ O r W M V (ppD rIn CD Opp O W - NiD W N tp. N N }—g - N v N a N N a v y '0 LL O r f N M M N In In O p N p t0 N 10 N m r y r r ` N } N N N N U.LLOppj 1H 16911 0 LO f1 co 11 k d � T O W O 0 C W C � C O d C - i ar C D n N N U) LU 9 Q 1 W C W w z m y'm z03 w W c a 6 W? O W `D aaF- c c d' ILL C W d 2 LL LL 1H 16911 0 LO f1 co 11 CONSENT: 11/22/2016 Office 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 Commissione FROM: Dylan Reingold - County Attorney DATE: November 14, 2016 ATTORNEY SUBJECT: Annual Resolution Delegating the Authority to the County Administrator or his designee, to execute Resolutions Calling Letters of Credit as Necessary during a Declared State of Local Emergency or Declared State of Florida Emergency Affecting Indian River County The attached resolution delegates to the County Administrator, or his designee, the authority to execute resolutions calling letters of credit as necessary during a declared state of local emergency or declared State of Florida emergency affecting Indian River County from November 22, 2016 through December 31, 2017. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the attached resolution delegating authority to the County Administrator, or his designee, to execute resolutions calling letters of credit as necessary during a declared state of local emergency or declared State of Florida emergency affecting Indian River County from November 22, 2016 through December 31, 2017. /nhm Attachment: Resolution Approved for November 22, 2016 BCC Meeting Consent A enda C TY ATTORNEY Indian River Co. App ed Date Admin. ' Co. Atty Budget / Department Risk Mgmt TSG 12 RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING THE AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING A DECLARED STATE OF LOCAL EMERGENCY OR DECLARED STATE OF FLORIDA EMERGENCY AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2015-128 EFFECTIVE NOVEMBER 22,2016; AND PROVIDING AN EFFECTIVE DATE. 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;. and WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty of improvements as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; and WHEREAS, during a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County, it is very unlikely that the Board of County Commissioners would meet; and WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period of such declared emergency; and WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator or his designee during the period of such declared emergency; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 2015-128 of the Indian River County Board of County Commissioners which speaks to delegation of authority to execute resolutions calling letters of credit as necessary during a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County is hereby rescinded in its entirety effective November 22, 2016. 2. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period of a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County. Any resolutions executed by the County Administrator or his designee, to call letters of credit during any declared State of Local Emergency or State of Florida Emergency affecting Indian River County are to be accompanied by a copy of this Resolution. 13 RESOLUTION NO. 2016- 3. The Effective Date of this Resolution is November 22, 2016, and this Resolution shall continue in effect through calendar year 2017. This Resolution was moved for adoption by Commissioner and the , motion was seconded by Commissioner and, upon being put to a vote, the vote ; was as follows: Commissioner Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared this Resolution duly passed and adopted this 22nd day of November, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By Deputy Clerk R APPROVED AS TO FORM AND LEGAL SUF IENCY BY DYLAN REINGOLD COUNTY ATTORNEY 2- CONSENT: 11/22/2016 Office 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: November 14, 2016 ATTORNEY SUBJECT: Annual Resolution re Delegation of Authority Concerning Declarations of State of Local Emergencies and to Act in a State Declared Emergency Affecting Indian River County The attached resolution delegates to the County Administrator, or his designee, the authority to declare states of local emergencies and to act in a State of Florida declared emergency affecting Indian River County from November 22, 2016 through December 31, 2017. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the attached resolution delegating authority to the County Administrator, or his designee, to declare states of local emergencies and to act in a state declared emergency affecting Indian River County effective from November 22, 2016 through December 31, 2017. /nhm Attachment: Resolution Approved for November 22, 2016 BCC -Meeting Copse ge a COU ATTORNEY Indian River Co. Ap r ved Date Admin. 111 Co. Atty Budget t � .�:IL, De artment Risk Mgmt --- --- 15 RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR TO DECLARE STATES OF LOCAL EMERGENCIES AND TO ACT IN A STATE OF FLORIDA DECLARED EMERGENCY AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2015-127 EFFECTIVE NOVEMBER 22, 2016; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to declare that a state of local emergency exists in Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any local emergency that may arise from November 22, 2016 through calendar year 2017; and WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to issue orders and rules, including Emergency Orders., during a State of Florida declared emergency affecting Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any declared emergency that may arise from November 22, 2016 through calendar year 2017. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: Resolution 2015-127 of the Indian River County Board of County Commissioners which speaks to delegation of authority is hereby rescinded in its entirety effective November 22, 2016. 2. Commencing November 22, 2016, and continuing through December 31, 2017, the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, is hereby delegated the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5)(2016); and (ii).to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during a period of a declared emergency pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes sections 252.34 (2) and (4) respectively] exists in Indian River County. 16 RESOLUTION NO. 2016 - 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: Commissioner Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the Resolution duly passed and adopted this 22nd day of November, 2016 with an effective date of November 22, 2016. Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller In Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA In , Chairman 17 CONSENT: 11/22/2016 Office 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 Attorne jr-� DATE: November 14, 2016 SUBJECT: Annual Resolution re Signatories ATTORNEY In connection with the selection of a new Chairman and Vice Chairman, the Board of County Commissioners must adopt a resolution directing depositories of County funds to honor certain authorized signatures on County checks, warrants, and other orders for payment. Based on input from the Finance Office, the attached resolution has been prepared designating both the Chairman and Clerk as the authorized signatories and providing for facsimile signatures rather than manual signatures on all checks. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the attached resolution and authorize the newly selected Chairman as well as the Clerk to sign the attached resolution and the respective Certificate of Facsimile Signature; and to instruct the Clerk to the Board of County Commissioners to transmit to the Department of State each original Certificate of Facsimile Signature which bears the original manual signatures of those Indian River County officers authorized to use facsimile signatures in lieu of manual signatures. /nhm Attachments: Resolution Certificate of Facsimile Signature (2) Approved for November 22, 2016 BCC Meeting Consent Agenda COUN ATTORNEY 11:3 RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING DEPOSITORIES OF COUNTY FUNDS TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; PROVIDING FOR BOARD OF COUNTY COMMISSIONERS AND CLERK OF THE CIRCUIT COURT SIGNATORIES; RESCINDING RESOLUTION NO. 2015-129 EFFECTIVE NOVEMBER 22, 2016 WHICH SPEAKS TO AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Code section 101.02.1, on November 22, 2016, the Board of County Commissioners of Indian River County ("Board") selected as Chairman from November 22, 2016, and continuing through November 21, 2017; and WHEREAS, Jeffrey R. Smith is the duly elected Clerk of the Circuit Court and Comptroller for Indian River County ("Clerk"), and he serves as clerk and accountant to the Board, pursuant to Section 28.12, Florida Statutes (2015); and WHEREAS, the Board has previously designated certain institutions as depositories of County funds; and WHEREAS, the Board's selection' of Chairman requires a re -designation of signatories for County warrants, checks, and other orders for the payment of money drawn on the County's depositories; and WHEREAS, the Board has determined that the existing financial practices concerning personnel policies and employee compensation eliminate the need to require manual signatures on salary and other compensation warrants, checks, and other orders payable to Board employees; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: Previous designations by the Board of certain institutions as official depositories of County funds are hereby ratified and affirmed. 2. Manual signatures shall not be required on any checks, warrants, and other orders for the payment of money drawn in the name of the Board for the purpose of salary and other compensation to or for any Board employees. 19 RESOLUTION NO. 2016- 3. Each designated depository of County funds is hereby authorized and directed to honor checks, warrants, and other orders for payment of money drawn in the name of the Board, including those payable to the individual orders of any person/entity or persons/entities whose name or names appear thereon, when bearing both the facsimile signature of the Clerk, and the facsimile signature of the Chairman of the Board. 4. The manual and facsimile signatures of the herein designated officers appear on Exhibit "A" attached hereto and by this reference incorporated herein in its entirety. 5. The signatories named on the attached Exhibit "A" are hereby authorized to execute any and all signature cards and agreements as requested by the respective banking institutions designated as official depositories by the Board. 6 The use of facsimile signatures is authorized by Florida Statutes Section 116.34 (2015), the "Uniform Facsimile Signature of Public Officials Act." 7. The Clerk to the Board shall immediately file with the Department of State each Certificate of Facsimile Signature bearing the original manual signatures, at which point a facsimile signature of those officials signatory to Exhibit "A" of this Resolution shall have the same legal effect as a manual signature on any instrument of payment. 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: Commissioner Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the Resolution duly passed and adopted this 22nd day of November, 2016 with an effective date of November 22, 2016. Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIEN Y. - BY -BY DYLAN REINGOLD (DOWNITY ATTGRNEY BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA , Chairman 20 EXHIBIT "A Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Actual Facsimile Indian River County Board of County Commissioners Chairman: Actual Facsimile 21 CERTIFICATE FOR F CSIM1LE:S1 'NATURE (Section 116.34, Florida Statue.es). Sate .of Florida County of Indian River f, being 6" nadno as to bo 6,kW sd bwomJ Doty appointed as Chairman of the Board of. -County Commissioners (eta ogrtip►at#; W&:ctP0, 40h) of Indian River County, Florida ,. Do heMby1if a math. UW$acpatary of ray' offidal$Igt tuI*Jor he P'* Wr ae . CDMplytt with Sedon 11+634,.. Morkda sfatut ,anti do; iereby rt tiaaflhe slgrrtitwm..below. is tmo, :cond—arid rm.Matt y sUbsertbed -br - trio. UNDER PENALTt . PERJUR'Y' 1* DECLAR ETH.A`i' 1 ,' PINS. AT TH IN 22 GE.RTIRCATE FOR FACSIMILESIGNATURE (Secton 11 6.34, Florida Statutes) State Of Florida CoUnty of Indian River Jeffrey R. Smithb eing (0*0 nap as to bo 3.b;hdd be" OUly appointed as Clerk of Circuit Court and Comptroller of Indian RiverC2Hnty,.Fl.orida 114. of state..my 'm 19 .... rp-,10.r- At*V . urp-089 ..ig Do h0MbY----fi10 V.Ath complying'With SeW6n 116,34,A6 ,.co .,and mb'n*u*.subscfted-.by.---'M''9. UNDER. PENALTIES.*OF-PER-JURY."'. 1'04PLARE THAT I - HAVE'. T -t- EF AITT NG—DATTRAW..."THA ' '; Jeffrey.R. Smith 2000 .15th Aye yero Beach, FL., -32960 23 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll, Human Resources Director DATE: November 16, 2016 R SUBJECT: Approval to Reclassify Certain Positions to Non -Exempt and to Increase the Salary of Individuals in Exempt Positions to the New Minimum effective November 25, 2016 due to a Change in the FLSA White Collar Exemption which Becomes Effective December 1, 2016 BACKGROUND: In accordance with the Fair Labor Standards Act (FLSA), certain County positions qualify for an exemption from the requirement to pay overtime for hours worked beyond 40 hours per week. In order to qualify for an exemption, the employee must meet three tests concerning 1) how the employee is paid (salary basis test), 2) how much the employee earns (salary level test), and 3) if the job duties performed qualify for a white collar exemption (job duties test). Eligible positions are classified as "exempt" from the overtime requirements. Employees holding positions who do not meet these requirements are classified a "non-exempt" and must be paid overtime for hours worked beyond 40 in a work week. Effective December 1, 2016, the salary level to qualify for an exemption will increase from $23,660 to $47,476 per year. A review of County employees currently classified as exempt from overtime revealed that I 1 employees earned a salary below the updated salary level of $47,476 per year. The salaries of these employees range from $38,772 to $45,994 per year. In order to comply with the new requirements, a position review was performed to determine whether the positions remain eligible to be classified as exempt based on the duties test. This review indicates the following six (6) positions are recommended to be reclassified to the non- exempt pay grades reflected below: Job Title Current Pay Grade. Current Minimum Current Maximum Proposed Pay Grade Proposed Minimum Proposed Maximum Buyer E03 $35,146.80 $52,720.72 N14 $34,593.39 $51,902.37 Computer Technician E04 $36,913.24 $55,369.60 N15 $36,350.93 $54,525.90 GIS Technician E04 $36,913.24, $55,369.60 N1S $36,350.93 $54,525.90 Network Technician E04 $36,913.24 $55,369.60 N15 $36,350.93 $54,525.90 System Support Technician E06 $40,701.44 $61,065.68 N17 $40,082.06 $60,087.30 Recycling Education & MarketinE Coord. E06 $40,701.44 $61,065.68 N17 $40,082.06 $60,087.30 The employees in these positions will retain their current pay rate and, in accordance with the FLSA, will be eligible to be paid overtime if they are required to work over 40 hours in a work week. In accordance with County policy, overtime must be approved in advance. Overtime costs would be managed consistent with operational needs and budgeted funds. It is also recommended that the employees currently in these position remain eligible for the three (3) days 24 of administrative leave. New hires into these classifications would not be eligible for this benefit. Additionally, employees in these classifications who worked overtime during the hurricane will receive overtime compensation for the hours worked consistent with other non-exempt employee who worked overtime during the hurricane. The cost to pay hurricane overtime to the reclassified non-exempt positions is $6,097.60. The cost by fund is identified below: Fund Total w/ Frin e Information Technology $4,718.75 Utilities $1,378.86 Total $6,097.60 The remaining five (5) positions below the salary level of $47,476 per year would qualify to remain exempt from overtime if the salary levels were increased to the new minimum. These positions qualify for either the administrative or professional exemptions under the FLSA. The salaries of the employees in these positions would be adjusted to the required salary level of $47,476 per year effective November 25, 2016 and maintain exemption from overtime. Job Title FLSA Exemption Current Pay Grade Current Minimum Current Maximum Customer Service Supervisor Administrative E04 $36,913.24 $55,369.60 Radiological Emergency Analyst Administrative E06 $40,701.44 $61,065.68 Environmental Specialist Professional E06 $40,701.44 $61,065.68 Manager Golf & Club House Operations Administrative E06 $40,701.44 $61,065.68 Aquatic Center Supervisor Administrative E06 $40,701.44 $61,065.68 ANALYSIS: The cost to increase the salaries of the five (5) exempt positions listed above to $47,476 is $17,051.38. The cost by fund is identified below: RECOMMENDATION: Staff recommends the Board approve the reclassification of certain positions to non-exempt and retaining the administrative leave benefit for current employees, authorize the payment of overtime for hours worked during the hurricane consistent with other non-exempt positions, and approve the increase in salary of individuals in exempt positions to the new minimum effective November 25, 2016 due to a change in the Fair Labor Standards Act white collar exemption which becomes effective December 1, 2016. 25 :8alary-Fringe Total Utilities $3,371.42$528.00 $3,899.42 General Fund $2,576.60 $403.00 $2,979.60 Beach $4,739.80 $740.00 $5,479.80 Golf Course $2,576.34 $403.00 $2,979.34 MSTU Fund $1,481.22 $232.001 $1,713.22 Grand Total $14,745.38 $2,306.00 1 $17,051.38 RECOMMENDATION: Staff recommends the Board approve the reclassification of certain positions to non-exempt and retaining the administrative leave benefit for current employees, authorize the payment of overtime for hours worked during the hurricane consistent with other non-exempt positions, and approve the increase in salary of individuals in exempt positions to the new minimum effective November 25, 2016 due to a change in the Fair Labor Standards Act white collar exemption which becomes effective December 1, 2016. 25 ATTACHMENTS: None. Approval Date Admin. Legal Budget j I 26 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll,b Human Resources Director DATE: November 16, 2016 SUBJECT: Approval to Provide Lump Sum Bonus to Exempt Employees Who Worked Additional Hours Related to Hurricane Matthew BACKGROUND: Indian River County employees performed exemplary in preparing for and responding to Hurricane Matthew. Key employees were required to leave their families and devote their attention to the needs of the County. Hourly employees were compensated for work performed related to the hurricane at time and one-half. Salaried employees worked a total of 1,208 hours additional hours without additional compensation. In order to recognize the effort of the salaried employees, I am requesting approval for a lump sum bonus of either $200, $400, $600, or $800 based on the number of hours worked beyond the normal work week in the amounts below: 10 < 20 hours - $200 lump sum bonus 20 < 30 hours - $400 lump sum bonus 30 < 40 hours - $600 lump sum bonus 40 or more hours - $800 lump sum bonus A survey of neighboring counties and cities reflects the following pay practices for exempt employees during emergencies: ORGANIZATION;, EXEMPT EMPLOYEE POLICY/PAY PRACTICtDLLBINGFMERGENCY Brevard County Paid straight time, plus 1/2 time comp for all hours worked outside normal work schedule City of Port St. Double time for the first 8 hours, then straight time for the rest of Lucie the day worked City of Vero Paid at hourly rate of pay for all hours worked outside of normal schedule Martin County Below Director received 1x their hourly rate for each hour worked. Directors and above will receive discretionary time to be used at a later d ate St. Lucie County Straight time for hours worked beyond normal schedule City of Melbourne 2x's their normal salary for work performed during normal work hrs. Straight time for all hrs worked outside normal schedule City of Palm Bay Paid straight time, plus given 8 comp hours for each 24 hours worked 27 ANALYSIS: From a historic perspective, the County provided a hurricane payment to exempt employees that were required to work additional hours at an amount equal to what their hourly rate would be if they were non-exempt up to a maximum amount of $1,500. The total cost of these payments was $101,478 for Hurricanes Frances and Jeanne collectively. The cost to provide the lump sum bonus in 2016 for salaried employees is $17,248. The breakdown by fund is as follows: Fund Total w/ Fringe General $7,546 MSTU $862 Transportation $862 Emergency Services District $2,803 SWDD $216 Utilities $1,509 Fleet Management $431 Risk Management $216 Information Technology $2,803 Total $17,248 RECOMMENDATION: Staff recommends the Board approve to provide a lump sum bonus ranging from $200 to $800 to exempt employees who worked additional hours related to Hurricane Matthew. ATTACHMENTS: None. APP] mm FOR: 28 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll b °�' Human Resources Director DATE: November 16, 2016 �W SUBJECT: Approval to Renew the Agreement with Gehring Group dated May 11, 2010 to Provide Agent of Record Services Relating to Employee Benefits for One Additional One -Year Term BACKGROUND: On May 11, 2010, the Board of County Commissioners approved an agreement with Gehring Group to provide agent of record services relating to employee benefits. Under this agreement, Gehring Group provides consulting and advisory services to the County with respect to its benefit programs. Gehring Group is agreeable to renewing for another year under the same terms and conditions. The renewal will provide staff with the opportunity to develop and issue an RFP for agent of record services and evaluate responses. FUNDING: There is no increased budgetary, impact. The fee for services will continue under the terms of the agreement not to exceed $65,060 per fiscal year. RECOMMENDATION: Staff recommends the Board approve the renewal to the agreement with Gehring Group dated May 11, 2010 for one additional one-year term through May 10, 2017. ATTACHMENTS: May 11, 2010 Agreement 2016 Renewal to Agreement APPROVED AGENDA ITEM RON FOR: Approval Date Admin. Legal Budget IAm Dept. Risk M mt. 29 i AGREEMENT TO PROVIDE AGENTOI? RECORD SERVICES RELATING TO EMPL,OYEIs B'ENEFIT'S 'I'll IS AGREEMENT is made this I lth clay of iu, 2010, by and between the INDIAN RIVI:'R COUNTY BOARD OF COUNTY COMMISSIONERS, headquartered at 1801 27th Street, Vero Beach, Florida 32960. hereinafter referred to as "COUNTY", and Gehring Group, Inc., with .its principal place of business located at 11505 Fairchild Gardens Avenue, Suite 202, Palm Beach Gardens, FL 3341(), hereinafter referred to as "GEHRI.NG GROUP". Commencement date G13I1RiNG GROUP will begin providing services outlined below shall be July I, 2010. RECITALS: a. COUNTY is it political subdivision existing under the State of floricla, and in the conduct of its business, desires to obtain certain consulting services relating to its benefits. program. h. GEHRING GROUP is an active corporation, existing under the State of Florida, experienced in the foregoing and agrees to perform these services for the C'OCJN'I'Y under the terms and conditions set. forth in this Agreement. In consideration of the mutual promises set forth in this Agreement, it is agreed by and between COLINTY and GEHRING GROUP as follows: SE,( "PION ONE NATURE OF WORK GE,HRING GROUP will perform consulting and advisory services on behalf of the COUNTY with respect to its benefits program, as more particularly described in the "SCOP[ OF SERVICES" as set forth 111 EXHIBIT "A", attached hereto and incorporated herein by reference. SECTION TWO PLACE 01" WORK GFHRING GROUP agrees, on request, to come to the COUNTY's offices in Vero Beach, Florida, car such other places as reasonably designated by the COUN'T'Y, to meet with representatives of the COUNTY, as necessary. SF,CTION T'H'REE. TIM.i? DEVOTED TO WORK In the performance of services, the Services and hours GEHRING GROUP is to work on any given day, will be entirely within GEHRING GROUP'S control and COUNTY will rely upon GEI IRI.NG GROUP to devote such time, as is reasonably necessary, to fulfill the intent and Purpose of this Agreement, which Is initially to source and provide an a cost effective basis, the benefit programs required by the COUNTY to be effective Page 1 of 8 1 30 as of October I, 2010, providing for adequate tinge to hold an orderly open enrollment period For employees. The COUNTY will provide the neecssary support documents so GEHRING GROUP can provide the benefit analysis in a time frame appropriate for an October 1, 2010 effective date. SECTION FOUR PA YMEAT GE' IRING GROUP will be compensated through either payment cif ccmtmissions received front the various carriers who have contracted with the COUNTY to provide coverage to the COUNTY, or thrrnrgh direct payment from COUNTY to GEARING GROUP as outlined in EAHIBIT "C" entitled "Fees". The annual services to he provided by the GEfIRING GROUP to the COUNTY are described in EXI1IBIT "A" entitled "SCOPE: OF SERVICES TO 13L, PROVIDED BY Gl'.A- LING GROUP"; and to include the "Additional Services" listed in EXHIBIT "A." The undertaking by GFIVIRING GROUP to perform professional services defined within this Agrcelllel1t extends only to those services specifically described herein. If Upon the request of the COUNTY, GEHRING GROUP agrees to perform additional services herelnlder, the COUNTY shall pay GEARING GROUP for the performance of such additional services an amount. (in addilic:nl to all other anlollnis payable under this Agreement) based on the hourly fees established herein, plus reimbursable expenses incurred by GF.,HRI.NG GROUP, or pursuant CO all addendum to this Agreement if executed by the parties to this Agreement addressing the additional services. SECTION FIVE ':IERNI I'he term shall colltrllcnce ulxln the parties' execution of the Agreement ("Commencement Date„). The term of this Agreement shall be three years, and may be renewed :for three additional one year periods at the sole opt.idn of the COUNTY. '.Flic COUNTY's option of extending the Agreement for an additional year shall be deemed automatically exercised, unless the COUN.I'Y gives written notice to the GEHRING GROUP of its intent not to exercise the option at least 60 days in advance of tlic anniversary of the Commencement Date. SECTION SIX STATUS OF G IIRING GROUP This Agreement calls for the performance of the services of GEHRING GROUP as an independent contractor, and GEHRING GROUP, an active Florida corporation, will not he considered an employee of the COUNTY for any purpose. SECTION SEVEN INDEMNIFICA'1'1ON GEI-MING GROUP shall protect, defend, indemnify, and hold harmless, the COUNTY, its employees, agents, elected or appointed officials, and representatives from any and all claims and liabilities, including all attorney's fees and court costs, including appeals, for which COUNTY, its employees, agents, elected or Page 2 of 8 31 appointed officials, and representatives can o.1- may be held liable as a result 0f' injury to pelsonS or damatge, to property occurring by reason of any negligent accts or omissions 01- willft►l misconduct of GEHRING GROUP, its employees, or agents arising out of 01- connected with this Agreement or any breach of this Agreement by GEI IRING GROUR GEHRING GROUP shall not be rey11ircd to indemnify COUNTY or its agents, employees, or represenlativcS when an c CCUITC11CC results solely from the wrongful acts or omissions of'COUNTY, or its agents, elected or appointed officials, employees, or represcntatives. SECTION EIGHT TERMINATION N)twithstand.ing Section .hive, the COUNTY may terminate this Agreement for any reason, with or without cause, by giving GE.i-aRIN GROUP 60 days advance written notice of (he. COUNTY's intent to terminate the Agreement. SECTION NINE MISCELL,ANEOUS I. As an independent contractor, GEHRING GROUP shall pay all expenses in connection with its consulting business and GEHRING GROUP will not incur any indebtedness on behalf of COUNTY with this AGREEMENT. 2. In the event either party hereto shall file a lawsuit to enforce any of the terms hereof, the prevailing party shall be entitled to recover all costs, charges, and expenses of enforcement, including reasonable attorney's fees incurred in a trial 01'appellate proceeding. 3. This Agreement, conS(it11teS the entire Agreement between tile parties relative to the transaction contemplated herein and neither this Agreement nor any terJn or provision hereof play be waived, except by an instrument in writing executed by the COUNTY and GEHRING GROUP. 4. This Agreeinent Shall be interpreted and enforced in accordance with the laws of tyle State of 1-1orida, and the VCI1tIC for any action brought or arising out of this Agreenlent shall be Indian River County, Florida. 5. Should any terns or provision of this Contract be held, to any extent, invalid or tnlenf0l'ceable, as against any person, entity or circumstance during the term hereof, by force of any Statute, law, or ruling of ally 1,01-11111 of competent jurisdiction, such invalidity shall not affect any other term or provision oil' this Contract, to the extent that the Ct:nitract shall remain operable, enforceable and in full force and effect to the extent permitted by law. G. This Contract may be amended, extended, or renewed only with the written approval of the parties. 7. ']'his apport ility is also made available to any and all local, County, and State of Florida governments. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the (ernes and conditions contained herein. 8. This Contract states the entire understanding and agreement between the parties and supersedes any and all written or orad representations, statements, negotiations, ol- agl'Celllents previously existing between the parties with respect to the Subject matter of this Contract. The GEI-IRING GROUP recognizes that any representations, statements or negotiations made by COUNTY stafT do not Suffice to legally bind the COUNTY in a contractual relationship unless they have been reduced to writilig and signed by all Page 3 of S 32 authorized COUNTY representative. _ "I his C'c niract shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors ill interest. IN WITNESS WHEREOF, the parlieS or thCir duly authorized representatives hereby execute this ConU'act on the date First written above. GEHRING GROUP _... 1 Kcirt Gehring, President Date: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Peter O'Bry,u), Chairman Approved by BCC: May I I, 2010 Attest: J. K. Barton, Clerk 13y: Deputy Clerk Approved as to f n end °gill sufficiency: Alan S. Po.lackwich, Sr. County Attorney Indian River County, Florida Approved: J �epJ A. Baird, County Administrator` Page 4 of 8 i 33 1AHIBIT A SCAPI; OF SI IZVICES TO KE PROVIDED BY GEHRING GROUP SCAPI; O S.I RVIC.'T S AS OUTI.,I.N,CL) IN RFQ #2010025 — HEALTH 1N,SURANC[i/ EXCESS LOSS REINSURANC ]", BROKl;RAGE AND ACT'UARIA.L, SERVICES FOR INDIAN RIVL:It COUNT)' 130ARD OF COUNTY COMM I.SS.IONI RS 1. The solicitation, analysis, review, and recomiilendation of a third-par(y administrator for the Colunty's self-inswrd group health int.uance program to include the presentation of proposals from a nlininnun. of three (3) companies. 2. The solicitation, analysis, review, and recommendation of group health excess insurance for the Cnnity's self-insured group health insurance program to include the presentation of proposals from a III iniluu,n of three (3) companies. 3. The solicitation, analysis, review, and .recommendation of fully tilsired grout) health insurance programs, if requestccl. to include the presentation of proposals from a minirllunl ofthree (3) respondent companies. 4. A review of the underwriting, rating, and claims activity of 1110 group health insurance prograill to examine the adequacy of funding .levels its well as the provision of (he estimate(] financial effect of the progmni changes. Preixurt6on or it Critical Factors Analysis Report of the health plan to identify the sources of causation and to identify medical, pharmacy and other cost drivers and slake recommendation Q powntial plan design Alternatives to address these cost (]rivers. 5. Performance of a Mid Year hlealth Rate Review as of April 30 of medical and pharmacy claims to assure the adequacy or rates budgeted. Seek Renewal Proposals fro.nl existing vendors and carriers and prepare a renewal summary with expiring and renewal pricing and terms. Provides assistance in the completion of the Executive Summary to the Board of Commissioners. prepare in annual renewal proposal Summary for presentation to the Board of Commissioners dile no later than July I each year. 6. Prepare a general review of the County's benefit pnolgmm to include its structure and financing and to make recommendations to improve the program where possible. It will also include tile review and preparation of alI written mawdals U(iliZed UiWer the County's benefit program. 7. A review of the County's flexible spending account program to include file solicitation, analysis, review and recommendation of accm"u adnlinisbAdon firms arid plan design. 8. Open Enrollment C oIllnlllW ation Materials — Provide assistance in the preparation of annual open enrollment coil) tllllnication and enrollment materials. Provide en.roUment services for the annual open enrollment period. Page 5 of 8 34 9. Provide actuarial services on it direct or sub coribucted basis. Collect and distribute actuarial data (o staff actuaries or sub-condracting actuaries to complete the FS 112.1)8 annual study and an updated study during slid fiscal year. 10. Assist the I lurnan Resource .Director in reviewing group health .insurance program costs to include the preparation of routine group health program lum9gemmU reports which detail the performance of the plan; develop rates for budget; identify and prep are it critical factors analysis to identify cost drivers; monitor the sufficiency of rates; review of group health plan design to determine the propriety of plan wording and to determine areas whereby plan design night be adjusted to enhance (he economy and efficiency of the program. Prepare a medical) and pharmacy plan design analysis that identifies the potential cost savings of increased dahw6bIt on-payinents, out of pocket And other structural changes. I I. Solicit .ind. Analyze proposals front qualified Pharmacy benefit Management firms for (lie County's selection to include the actuarial analysis of various pricing and benefit options. Nage 6 of 8 35 ADDY1..IONAL SERVICES: • C01161 lOUS .Plan Analysis • Consistent. Client Contact • Development of Requests for proposals/Quo(es • Program .Implementa(ion • Ongoing Service • On-site Service • Employee Surveys • Displacement Analysis • Customized Professional Employee Benefits handbook • In-Ifouse Graphics Depart'lie"t -- Prolessio►lal Eii:)I)loyee Co111111t1►1lC8tiNIS • Legislative Conipliance & Updates • Ccmduct hellefit:S surveys, if directed, for comparing COUNTY benefits with other agencies and companies. • Conduct periodic on-site meetings with employees and/or dependants individual claim resolution and benefits counseling upon request. • PMN'klc guidance and assistance with COBRA compliance and administration. • Employee and staff access to the BenTek Benefits Resource Center, Page 7 of 8 36 EXHIBIT "C" Fees Cila.I TONG GROU.I-' will provide all services as included and described in Exhibit A (including "Additional Services") and will be paid from COUNTY via monthly commissions equal to the following, percentage fair insurance programs secured by GEHRING GROUP. Such Commissions will be paid by the insurance providers and the total paid shall not exceed 565,000 per fiscal year (October I — Sept 30). G.1.1-11RING GROUP will provide COUNTY an accounting of all coill ill] ssions/fees/bonuses/overrides received, annually or upon request by the COUNTY. GE>HRING GROUP agrees to allow the COUNTY to auclit the annual accounting through direct contact with the carriers. GI;IIRING GROUP will release the carrier to provide information regarding any and all payment of aforementioned compensation ❑pon request by the COUNTY. If; COUNTY Sf LE(:"I ;S A FULLY -ENSURED HEALTH H PROGRAM: (Fully insured) Health .Insurance Tl3D°l= OR IF COUN'T'Y S1?1..13C".I':S A SELF-INSURED HFAI;TH PROGRAM: Group Health Admin Fee Group IleAth Reinsurance. Page 8 of 8 .S 1=50 per employee per month 37 RENEWAL TO AGREEMENT TO PROVIDE AGENT OF RECORD SERVICES RELATING TO EMPLOYEE BENEFITS, DATED MAY 119 2010 THIS RENEWAL TO AGREEMENT TO PROVIDE AGENT OF RECORD SERVICES RELATING TO EMPLOYEE BENEFITS; DATED MAY. 11, 2010, ("Renewal") is entered into as of the — day of November, 2016 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 27`h Street, Vero Beach, Florida, (the "County"), and Gehring Group, Inc. whose principal place of business is located at 11505 Fairchild Gardens Avenue, Suite 202, Palm Beach Gardens, FL 33410, (the "Gehring Group"): RECITALS WHEREAS, on May 11, 2010, County and Gehring Group entered into an Agreement to Provide Agent of Record Services Relating to Employee Benefits (the "Agreement"); and WHEREAS, the Agreement was for an initial term of three years, with three additional one-year periods; and . WHEREAS, the initial term and the three additional one-year renewal periods have expired; and WHEREAS, the County and Gehring Group wish to renew the Agreement for one additional one-year period, commencing on the date of the expiration of the Agreement; 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 one additional one-year and shall terminate on May 10, 2017: 3. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument this _ day of November, 2016. Page 1 of 2 38 Consent Agenda Indian River County Interoffice Memorandum �j Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: November 10, 2016 Subject: Miscellaneous Budget Amendment 001 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. Each year it becomes necessary to "roll over" certain expenses to the current fiscal year. Several large purchases that were initiated on Fiscal Year 2015-16 purchase orders were not _ received or completed prior to September 30, 2016. The attached entry appropriates funding for these projects from fiscal year 2015-16 to fiscal year 2016-17. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2016/2017 budget. Attachments Budget Amendment 001 and Resolution APPROV A ENDA BY: (--� ( JasoE. B wn Coun y Ad inistrator FOR: Nove er 22. 2016 Indian River County Appped Date Administrator llt% (o Legal Budget ` -1� Department Risk Management 40 Exhibit "A" Resolution No. 2016- Budget Office Approval: ` Budget Amendment: 001 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Non-Revenue/Cash Forward -Oct 1st 001039-389040 $99,265 $0 MSTU Fund/Non-Revenue/Cash Forward -Oct 1st 004039-389040 $5,551 $0 Secondary Roads/Non-Revenue/Cash Forward -Oct 1st 109039-389040 $14,500 $0 Transportation Fund/Non-Revenue/Cash Forward -Oct 1st 111039-389040 $41,445 $0 Emergency Services/Non-Revenue/Cash Forward -Oct 1st 114039-389040 $775,909 $0 Optional Sales Tax Fund/Non-Revenue/Cash Forward -Oct 1st 315039-389040 $1,688,498 $0 SWDD/Non-Revenue/Cash Forward -Oct 1st 411039-389040 $6,275 $0 Sandridge/Non-Revenue/Cash Forward -Oct 1st 418039-389040 $350 $0 Utilities/Non-Revenue/Non-Revenue/Cash Forward -Oct 1st 471039-389040 $67,403 $0 Information Technology/Non-Revenue/Cash Forward -Oct 1st 505039-389040 $3,825 $0 Total Revenue $2,703,021 Expense General Fund/Parks/Automotive 00121072-066420 $55,170 $0 General Fund/Facilities Maint/Other Contractual Services 00122019-033490 $2,350 $0 General Fund/Facilities Maint/Maint-Air Conditioning 00122019-034620 $13,701 $0 General Fund/Facilities Maint/Automotive 00122019-066420 $28,044 $0 MSTU/Shooting Range/Maint-Office Equipment 00416172-034630 $25 $0 MSTU/Shooting Range/Other Operating Supplies 00416172-035290 $5,526 $0 Secondary Roads/Computer Software 10921441-035120 $6,200 $0 Secondary Roads/Computer Software 10921441-068003 $8,300 $0 Transportation/Road & Bridge/Automotive 11121441-066420 $19,586 $0 Transportation/Road & Bridge/Other Machinery & Equipment 11121441-066490 $3,710 $0 Transportation/Traffic Engineering/Maint-Heavy Equipment 11124541-034650 $18,085 $0 Transportation/Traffic Engineering/Uniforms 11124541-035240 $64 $0 Emergency Services/Fire Rescue/Other Professional Services/Station 15 11412022-033190-16026 $28,070 $0 41 Exhibit "A" Resolution No. 2016- (� Budget Office Approval: d Budget Amendment: 001 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease Emergency Services/Fire Rescue/Automotive 11412022-066420 $747,839 $0 Optional Sales Tax/Emergency Services/Automotive 31512022-066420 $1,013,002 $0 Optional Sales Tax/Road & Bridge/66th Ave -60 to 49th 31512022-066510-06040 $17,227 $0 Optional Sales Tax/Road & Bridge/8th Street Sidewalk/21st court to 58th Ave 31521441-066510-13006 $12,400 $0 Optional Sales Tax/Facilities Maint/Other Improvements Except Buildings 31522019-066390 $645,869 $0 SWDD/CC & Recycling/Other Road Materials/Supplies 41125534-035390 $6,275 $0 Sandridge/Golf Maint/Golf Renewal & Replacement 41822172-044698 $350 $0 Utilities/Waste Water/Sewage Plant Maint. 47121836-044690 $27,598 $0 Utilities/General & Engineering/Misc Water R&R 47123536-044699-02532 $1,119 $0 Utilties/General & Engineering/49th St Water Main Replacement 47123556-044699-16519 $6,385 $0 Utilties/G.eneral:& Engineering/Hobart, Generator Repair 47123556-044699-16521 $20,791 $0 Utilities/Customer Service/Other Operating Supplies 47126536-035290 $2,635 $0 Utilities/Wastewater Collection/Maint Heavy Equipment 47126836-034650 $3,798 $0 Utilities/Wastewater Collection/Utility R&R 47126836-044699 $900 $0 Utilities/Osprey Marsh/Renewal & Replacement 47128236-044699 $4,177 $0 Information Technology/Computer Services/Computer Software 50524113-035120 $3,825 $0 Total Expenses $2,703,021 42 RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2016-2017 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 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 2016-2017 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 2016-2017 .Budget be and hereby is amended as . set forth in Exhibit "A" upon adoption of this Resolution This Resolution was moved for adoption by Commissioner and the motion was: seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner, Bob Solari Commissioner, Joseph E. Flescher Commissioner, Susan Adams Commissioner, Peter D. O'Bryan Commissioner, Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 43 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 15, 2016 TO: I BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator A� Michael Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Managelc,� SUBJECT: Declaration of Excess Equipment as Surplus for Sale or Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. The next scheduled auction, will be held at the Fairgrounds on Saturday, December 3, 2016. All heavy equipment and vehicles will be sold there, and the other items will be disposed of either at the Fairgrounds auction or by online auction. The funds received from the sale of these items will be returned to the appropriate accounts. RECOMMENDATION: Staff recommends the Board declare the items on the attached Excess Equipment List as surplus and authorize their sale and/or disposal as indicated. There is no cost to the County associated with this request. ATTACHMENT: Excess Equipment List Dated November 15, 2016 APPROVED AGEND, BY: Jason E. roe FOR: Novem 2 ITEM , County Administrator Indian River Co App r D to Admin J/ �y Legal Budget Department Risk Manager 44 m c z z > } > > > > > > 3 m ' ,� W m mtDm 00O N m n1 � n M 01 oe'o , N O .�0 pp Ln 00 a' CO Q) N Ql a N O 3'. n M N 2 '� Ln tD W Ln Ln 2 z '; n LL X>> x X 45 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AI ,Community Development Director FROM: John W. McCoy; ICP; Chief, (Current Development DATE: November 7, 2016 SUBJECT: DiVosta Homes,. LP's Request for Final Plat Approval for The Lakes at Waterway Village 2A-2 PD [PD -11-09-02 / 2004010124-77526] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 22, 2016. DESCRIPTION & CONDITIONS: The Lakes at Waterway Village 2A-2 PD is a planned development project consisting of 68 lots on 38.93 acres and is located east of 51" Court and south of 53rd Street. The property is zoned PD (Planned Development), and has an L-2 (Low Density 2 up to 6 units per acre) land use designation. The density for The Lakes at Waterway Village 2A-2 is 1.75 units per acre. On February 9, 2012, the county granted preliminary PD plan/plat approval for The Lakes at Waterway Village 2A and 3A PD project, which contains 129 lots on 69.7 acres. Through an administrative approval, The Lakes at Waterway Village 2A and 3A were reduced to 126 lots. The applicant is now seeking final plat approval for 2A-2, which is the final sub -phase of 2A. The applicant has.obtained a land development permit and commenced construction of the project. At this time, the applicant has built 82.16% of the required improvements that serve the phase 2A-2 area, is proposing to "bond -out" for the remaining 17.84% of the required improvements, and has submitted the following: 1. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; 3. A Contract for Construction of remaining required improvements; and 4. A letter of credit in the amount of $637,355.46. FACommunity Development\CurDev\Final Plats\BCC staffreports\2016 FPrpts\LakesatWWVP1at2A-2(77526).rtf 1 46 The Board is now to consider granting final plat approval for The Lakes at Waterway Village 2A-2 PD. ANALYSIS: Some, but not all; of the required improvements for The Lakes at Waterway Village 2A-2 PD 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 17.84% of required improvements (utilities, roadways, landscape, sidewalks). Public Works, Planning, and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The proposed security arrangement, which represents 1251/o of the estimated cost to construct the required improvements, has been reviewed and approved by county staff. All improvements within The Lakes at Waterway Village PD 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, through the certificate of completion process. In addition, a warranty and maintenance agreement will be required for the roads and stormwater improvements, prior to issuance of a certificate of completion. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for The Lakes at Waterway Village 2A-2 PD. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout 4. Contract for Construction of Required Improvements APPROVED AGENDA ITEM: BY: Indian River Co, ApprpV Date Admin. /_ l/ Z Legal J Budget Dept. Risk Mgr. FACommunity Development\CurDev\Final Plats\BCC staffreports\2016 FPrpts\LakesatWWVPlat2A-2(77526).rtf 2 47 INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION Please indicate the type of application being submitted: Conceptual PD Special Exception: Concurrent Conceptual PD Special Exception & Preliminary PD: Preliminary Planned Development: Final Planned Development: Note: For a PD rezoning please use the appropriate rezoning application. PROJECT NAME: Lakes at Waterway Village — Plat 2A-2 ('S 1075 DA If- 0 ^17 0280 D �o A y— X Plan Number: ^r 1J—U — Project#:_ �5 PROPERTY OWNER: APPLICANT (PLEASE PRINT) Divosta Homes, LP NAME ADDRESS: 1400 Indian Creek Parkway ADDRESS CITY, STATE, ZIP CITY, STATE, ZIP Jupiter, Florida 33458 P HONE NUMBER PHONE NUMBER 954-415-0229 EMAIL ADDRESS EMAIL ADDRESS CONTACT PERSON Ctreeory.Pettibon@PulteGrouR.com CONTACT PERSON Gregory Pettibon PROJECT ENGINEER: (PLEASE PRINT) AGENT (PLEASE PRINT) ARCADIS U.S.. Inc NAME NAME ADDRESS 1590 Gateway Boulevard. Suite 200 ADDRESS Boynton Beach. FL 33426 CITY, STATE, ZIP CITY, STATE, ZIP 561-697-7013 PHONE NUMBER PHONE NUMBER Kimberly.Leser@arcadis-us.com EMAIL ADDRESS EMAIL ADDRESS CONTACT PERSON Kimberly Leser. P.E. CONTACT PERSON 104A OF OWNER OR AGENT i'4('rnnmrnilvf�r,.✓inmmnr\Ifenel(`..T.+.As n..iirtinno\Al1A VD .1.... 0-4, �A l...fl�—'At 1 ATTACNMEMT 1 A 48 TAX PARCEL ID #(s) OF SUBJECT PROPERTY: -39-21- O 1 0 32-39-22- 000- -DOO 1.0 PROPERTY CLASSIFICATION(S): Ltd U& Dg ton Zmin&District Acreage 1-2 PD -- Planned Development 38.93 acres TOTAL PROJECT ACREAGE; _38.93 EXISTING SIMUSE(S): Vacant .----..----------_-----_------ PROPOSED SITE USB(S) AND INTENSITY (e.g.# of units, square feet by use): 68 SiWe Family Lot Subdivision 1.75 units/acre "* PLEASE COMPLETE THE SUBMMAL CHECKLIST *" The following items must be attached to the application: N O If the applicant is other than the owner(s), a sworn statement of authorization from the owner; --t—A--t—A Two deeds and a verified statement naming every individual having legal or equitable ownership in the property; If owned by a corporation, provide the names and address of each stockholder owning more than 10% of the value of outstanding corporation shares; TTwo copies of the owner's recorded warranty deed; . A check, money order or cash made payable to "Indian River County": Planned Development Request - Conceptual PD Special Exception less than 20 acres $ 2075.00 20-40 acres 2475.00 over 40 aches 2575.00 +100.00 for each additional 25 acres over 40 acres Preliminary PD Plan less than 20 acres $ 1150.00 20-40 acres 1250.00 over 40 acres 1300A0 +50.00 for each additional 25 acres over 40 acres Final PD Plans $ 1400.00 For concurrent application fees combine the appropriate fees and subtract $400.00, F:WA=muWty DevdopmentlUwrACurDev\AppUmnonsTDAPP.doc Revised Janua 7zo11 Pagel GO 49 ATTACHMENT Y ✓ Ten sets of complete Conceptual, Preliminary or Final PD (final plat plans must be signed and sealed by ( surveyor). Plans as per Chapter 915, pursuant to'th to pe of approval being requested. Ni C' Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum lot width and size, street frontage requirements, setbacks, etc.), shall be clearly indicated by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sheet. 2 Aerials for conceptual or preliminary PDs G_ Itemized response to pre -application for conceptual or concurrent applications b�=—EJ 2 sealed surveys 3 sets of floor plans and elevation for commercial or multi -family buildings Written Statement and Photograph orPosted Sign For Final Plat's only ND CONSTRUCTION COMPLETE- BUILTOUT: (A) Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements IF IMPROVEMENTS ARE DEDICATEDTO THE PUBLIC: (B) Original Engineer's Certified Cost for Improvements (Signed and Sealed) OR CONSTRUCTION INCOMPLETE -BONDING OUT: Z (A) Original Engineer's Certified Cost Estimate for Improvements (Signed and Sealed) of t�' 1 n COPIES OF DOCUMENTS TO BE RECORDED WITH THE FINAL PLAT: a. Covenants, Deed Restrictions, Bylaws, etc, or Statement There Are None b. Property Owner's Association Articles of Incorporation or Statement Indicating Why Recording of POA is Not Required FACommuWty Devel"menl\VserACurDev\AppReRtioinTDApp doc Revised Januu72011 ATTACHMENT 1 Pude 3 of3 50 51 �w aa3 v NOC fl g�� N %M ED d a Z i C2O Z p VI ■ O 1 r pp O O a�z� Q ZCL W O O = 4 W O W UJIo� �a N .3 _ 2 z ZO M O3 Q o J W W �NQI� W Vl as Wa Z n - QN��O Z n Q � N Z Z `3 a00 Q O p J W O O W� a0ce 0w� w y i `Z p oar Q w g ZpZ � W Q V J a e wW N Mo I o w� i � 8 I I I ��� •J i'i(�ja• I cQ K � c� I M ; .•;•\• � y�, �;m aodW_ >.�. I i IIS N l 'l23 6f 30J if 'S dx.! �••• [9'fl �3S30 3NII ISY- . �T.1 _ _ J_ Ol) 91'6192 _ x� -51 - ___ ------ )319. '$ R -- ,SI'f6f ksf.91A0S .19 AAR n a I S mioN 4m i+yJ�� W I i iN I i `,..•1 IX W W `iS'f" - 6 iN zM`r, ay Say"m II 3�= TV all I �u'r'ih I Bii-. 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PD -11-09-02 (2004010124-75526) THIS CONTRACT, made and entered into this 10th day of November , 2016 by and between DIVOSTA HOMES, L.P., a Delaware limited partnership, owner of the property being platted as Lakes At Waterway Village PD — Plat 2A-2, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a final plat 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 be installed; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Lakes At Waterway Village PD — Plat 2A-2; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before November 22, 2017, 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 in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning ATTACHMENT 4 61 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 irrevocable letter of credit, having an expiration date of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and Wells Fargo Bank, N.A. , as the underwriting bank, in the amount of $637,355.46, 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 letter of credit 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. Up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required 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, sewer clean outs, and drainage culvert inverts, to be in good repair, accessible, correctly plumbed, and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. ATTACHMENT 4 62 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 ofa signed and sealed Certificate of Completion from the project engineer of record. Once the 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% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to 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 letter of credit (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 carry out and execute all provisions of this contract and applicable ordinances of the County. In no event, however shall the liability of the underwriting bank (or any County approved substituted guarantees) under this paragraph exceed the total amount of the original obligation stated in the letter of credit (or any County approved substituted guarantees). 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 existing letter of credit (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 letter of credit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank (or any County approved substituted guarantees) 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 Lakes At Waterway Village PD — Plat 2A-2, 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. ATTACHMENT 4 63 8. Any letter of credit (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 herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. WITNESSES: Sig n; print name: U�harn San (�; s APPROVED AS TO FORM AND LEGAL SUFFICIENCY gY--�`— YLAN REINGOLD COUNTY ATTORNEY DIVOSTA HOMES, L.P., a Delaware limited partnership By DIVOSTA HOMES HOLDINGS, LLC, a Delaware limited liabilZcomny, its General Partner By , Brent Baker, Division President DEVELOPER INDIAN COUNIca-y'%RIDA By: Jas6n--lf--Bnqwn CountqAdrr4nistrator Authority: Resolution No. 2005-121 COUNTY projected BCC plat approval date: 11/22/2016 4 ATTACHMENT 4 64 Subdivision Performance Bond Estimate For the Lakes at Waterway Village Plat 2A-2 EXHIBIT "A" PAGE 1 OF 3 ATTACHMENT 4 56 UVI 65 STORM DRAINAGE EARTHWORK DESCRIPTION DESCRIPTION DESCRIPTION QUANTITY UNIT TOTAL UNIT COST INCOMPLETE TOTAL COMPLETE INCOMPLETE MOBILIZATION 1 LS S 25,000.00 $ 25,000.00 $ 25,000.00 $ MOBILIZATION/DEMOBILIZATION 1 LS $ 15,000.00 $ 15,000.00 $ - $ 15,000.00 NPDES 1 LS $ 25,000.00 $ 25,000.00 $ 22,500.00 $ 2,500.00 CLEARING & GRUBBING 1 LS $ 97,500.00 $ 97,500.00 $ 97,500.00 $ - POND AND SITE EXCAVATION 303,736 CY $ 2.20 $ 668,219.20 $ 601,397.28 $ 66,821.92 FINAL SITE GRADING 55,000 SY $ 0.50 $ 27,500.00 $ 24,750.00 $ 2,750.00 PAD STABILIZATION (SEED) 35,000 SY $ 0.40 $ 14,000.00 1 $ 12,600.00 $ 1,400.00 BOC STABALIZATION (SOD) 23,200 SF $ 0.20 1 $ 4,640,001 $ 4,176.00 $ 464.00 LAKE BANK STABILIZATION (SOD) 437,000 SF $ 0.20 $ 87,400.00 1 $ 78,660.00 $ 8,740.00 560.00 TOTAL $ 8,064.00 $ 896.00 DOUBLE SERVICE W/ CLEANOUT $ 964,259.20 1 $ 866,583.28 1 $ 97,675.92 EXHIBIT "A" PAGE 1 OF 3 ATTACHMENT 4 56 UVI 65 STORM DRAINAGE ROADWAY DESCRIPTION DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE 11/4" ASPHALT (FIRST COURSE) 6,060 SY $ 7.50 $ 45,450.00 $ 40,905.00 $ 4,545.00 1" ASHPHALT (FINAL COURSE) 6,060 SY $ 6.00 $ 36,360.00 $ - $ 36,360.00 8" ROCK BASE 1,500 SY $ 12.00 $ 18,000.00 $ 16,200.00 $ 1,800.00 6" ROCK BASE 4,560 SY $ 11.00 $ 50,160.00 $ 45,144.00 $ 5,016.00 12" STABILIZED SUBGRADE 6,060 SY $ 2.20 $ 13,332.00 $ 11,998.80 $ 1;333.20 2' VALLEY GUTTER 6,500 LF $ 11.00 $ 71,500.00 $ 64,350.00 $ 7,150.00 CONCRETE SIDEWALK (COMMON AREA) 1,500 L SY I $ 18.00 $ 27,000.00 $ 24,300.00 $ 2,700.00 SIDEWALK STABILIZATION (2' SOD) 12,500 1 SF 1 $ 0.20 $ 2,500.00 $ 2,250.00 $ 250.00 SIGNAGE AND STRIPING 11 LS I $ 2,000.00 $ 2,000.00 $ 1,800.00 $ 200.00IWWA TOTAL TOTAL I $ 136,478.00 $ 266,302.00 1 $ 206,947.80 $ 59,354.213 EXHIBIT "A" PAGE 1 OF 3 ATTACHMENT 4 56 UVI 65 STORM DRAINAGE DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE 15" RCP 132 LF $ 25.00 $ 3,300.00 $ 2,970.00 $ 330.00 18" CAP 40 LF $ 39.00 $ 1,560.00 $ 1,404.00 $ 156.00 18" RCP 599 LF $ 34.00 $ 20,366.00 $ 18,329.40 $ 2,036.60- 24" CAP 20 LF $ 51.00 $ 1,020.00 $ 918.00 $ 102.00 24" RCP 122 LF $ 50.00 $ 6,100.00 $ 5,490.00 $ 610.00 36" RCP 444 LF $ 83.00 $ 36,852.00 $ 33,166.80 $ 3,685.20 36" CTAP 60 LF $ 88.00 $ 5,280.00 $ 4,752.00 $ 528.00 CONCRETE COLLARS 6 EA $ 3,000.00 $ 18,000.00 $ 16,200.00 $ 1,800.00 CATCH BASINS/STORM MANHOLES 11 EA $ 4,000.00 $ 44,000.00 $ 39,600.00 $ 4;400. $ 12,744.00 TOTAL 4' DIA. MANHOLE 14-16' DEEP I $ 136,478.00 $ 122,830.20 $ 13,647.80 EXHIBIT "A" PAGE 1 OF 3 ATTACHMENT 4 56 UVI 65 SANITARY SEWER SYSTEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE 8" PVC (SDR 26) 6-8' CUT 196 LF $ 24.00 $ 4,704.00 $ 4,233.60 $ 470.40 8" PVC (SDR 26) 8-10' CUT 1,016 LF $ 32.00 $ 32,512.00 $ 29,260.80 $ 3,251.20 8" PVC (SDR 26) 10-12' CUT 470 LF $ 36.00 $ 16,920.00 $ 15,228.00 $ 1,692.00 8" PVC (SDR 26) 16-18' CUT 477 LF $ 47.00 $ 22,419.00 $ 20,177.10 $ 2,241.90 8" PVC (SDR 26) 18-20' CUT 653 LF $ 73.00 $ 47,669.00 $ 42,902.10 $ 4,766.90 4' DIA. MANHOLE 6-8' DEEP 4 EA $ 4,390.00 $ 17,560.00 $ 15,804.00 $ 1,756.00 4' DIA. MANHOLE 8-10' DEEP 5 EA $ 6,330.00 $ 31,650.00 $ 28,485.00 $ 3,165.00 4' DIA. MANHOLE 10-12' DEEP 2 EA $ 7,080.00 $ 14,160.00 $ 12,744.00 $ 1,416.00 4' DIA. MANHOLE 14-16' DEEP 1 EA $ 8,420.00 $ 8,420.00 $ 7,578.00 $ 842.00 4' DIA. MANHOLE 16-18' DEEP 2 EA $ 9,010.00 $ 1$,020.00 $ 16,218.00 $ 1,802.00 SINGLE SERVICE W/ CLEANOUT 16 EA $ 560.00 $ 8,960.00 $ 8,064.00 $ 896.00 DOUBLE SERVICE W/ CLEANOUT 23 EA $ 640.00 $ 14,720.00 1 $ 13,248.00 $ 1,472.00 TV LINES 2,812 LF $ 4.30 $ 12,091.60 $ 10,882.44. $ 1,209.16 TOTAL 1 $ 249,805.60 1 $ 224,825.04 $ 24,980. EXHIBIT "A" PAGE 1 OF 3 ATTACHMENT 4 56 UVI 65 EXHIBIT "A" PAGE 2 OF 3 Ap 1,la.1 k-, ATTACHMENT 4 66 1450' 49th Street PERIMETER BERM LANDSCAPE BUFFER POTABLE WATER SYSTEM DESCRIPTION DESCRIPTION QUANTITY DESCRIPTION QUANTITY UNIT INCOMPLETE UNIT COST TOTAL COMPLETE COMPLETE INCOMPLETE 8" C-900 WATERMAIN 3,076 LF $ 21.00 $ 64,596.00 $ 58,136.40 $ 6,459.60 8" GV 4 EA $ 1,880.00 $ 7,520.00 $ 6,768.00 $ 752.00 FIRE HYDRANT ASSEMBLY 6 EA $ 3,970.00 $ 23,820.00 $ 21,438.00 $ 2,382.00 SAMPLE POINTS 3 EA $ 510.00 $ 1,530.00 $ 1,377.00 $ 153.00 SINGLE WATER SERVICE (1") 10 EA $ 960.00 $9,600.00 $ 8,640.00 $ 960.00 DOUBLE WATER SERVICE (2") 29 EA $ 1,610.00 $ 46,690.00 $ 42,021.00 $ 4,669.00 FILL & FLUSH ASSEMBLY 1 EA $ 1,390.Ob $ 1,390.00 $ 1,251.00 $ 139.00 2" BLOWOFF 2 EA $ 2,680.00 $ 5,360.00 $ 4,824.00 $ 536.00 FITTINGS / BENDS 1 LS $ 21,920.00 $ 21,920.00 $ 19,728.00 $ 2,192.00 CONNECT TO EXIST. WATERMAIN 1 LS $ 710.00 $ 710.00 $ 639.00 $ 71.00 TESTING 1 LS 280.66 $ 9,261.78 $ 2,259.00 $ 251.00 SOUTH FLORIDA SLASH PINE (5'-6') TOTAL EA $ 154.30 $ 185,646.00 $ 167,081.40 $ 18,564.60 EXHIBIT "A" PAGE 2 OF 3 Ap 1,la.1 k-, ATTACHMENT 4 66 1450' 49th Street PERIMETER BERM LANDSCAPE BUFFER DESCRIPTION DESCRIPTION QUANTITY UNIT TOTAL UNIT COST INCOMPLETE TOTAL COMPLETE INCOMPLETE TREES 1APENESE BLUEBERRY 7 EA $ 339.17 $ 2,374.19 $ 1,187.10 . $ 1,187.10 1APENESE BLUEBERRY 7 EA $ 339.17 $ 2,374.19 $2,136.77 11 $ 237.42 YAUPON HOLLY 18 EA $ 301.23 $ 5,422.14 $ 4,879.93 $ 542.21 SOUTHERN MAGNOLIA 21 EA $ 350.00 $ 7,350.00 $ 6,615.00 $ 735.00 WILD DATE PALM 6 EA $ 475.00 $ 2,850.00 $ 2,565-00 $ 285.00 BISMARCK PALM S EA $ 747.23 $ 7736.15 $ 3,362.54 $ 373.62 SYCAMORE 6 EA $ 331.86 $ 1,991.16 $ 1,792.04 $ 199.12 LIVE OAK (12'-14') 38 EA $ 405.00 $ 15,390.00 $ 13,8S1.00 $ 1,539.00 SABAL PALM (8'-18') 53 EA $ 157.23 $ 8,333.19 $ 7,499.87 $ 833.32 SOUTH FLORIDA SLASH PINE (12'-14') 33 EA $ 280.66 $ 9,261.78 $ 8,335.60 $ 926.18 SOUTH FLORIDA SLASH PINE (5'-6') 66 EA $ 154.30 $ 10,183.80 $ 9,165.42 $ 1,018.38 SHRUBSIGROUNDCOVERS SMALL LEAFE CLUSIA 363 EA 1 $ 85.80 $ 31,145.40 $ 28,030.86 $ 3,114.54 FIRE BUSH 12,302 EA $ 6.75 $ 83,038.50 $ 74,734.65 $ 8,303.85 DWARFYAUPON HOLLY SHORT LEAF WILD COFEE 2,019 1,960 EA EA $ $ 7.85 7.12 $ $ 15,849.15 13,955.20 $ $ 14,264.24 12,559.68 $ 1,584.92 $ 1,395.52 SAW PALMETTO 8,867 EA $ 15.16 $ 134,423.72 $ 120,981.35 $ 13,442.37 SAND CORDGRASS 161 EA $ 6.75 $ 1,086.75 $ 978.08 $ 108.68 FAKAHATCHEE GRASS 5,935 EA $ 6.75 $ 40,061.25 $ 36,055.13 $ 4,006.13 SOD 110,000 SF $ 0.20 $ 22,000.00 $ 22,000.00 $ - MULCH PERIMETER IRRIGATION 370 1 CY LS $ $ 35.01 100,000.00 $ $ 12,953.70 100,000.00 $ $ 11,658.33 100,000.00 $ 1,295.37 S - TOTAL $ S21,406.08 1 $ 481,465.47 $ 39,940.61 EXHIBIT "A" PAGE 2 OF 3 Ap 1,la.1 k-, ATTACHMENT 4 66 875' 43RD AVE PERIMETER BERM LANDSCAPE BUFFER DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE TREES 1APENESE BLUEBERRY 7 EA $ 339.17 $ 2,374.19 $ 1,187.10 . $ 1,187.10 YAUPON HOLLY 16 EA $ 301.23 $ 4,819.68 $ 2,409.84 $ 2,409.84 SOUTHERN MAGNOLIA 11 EA $ 350.00 $ 3,850.00 $ 1,925.00 $ 1,925.00 SOUTH FLORIDA SLASH PINE (12'-14') 21 EA $ 280.66 $ 5,893.86 $ 2,946.93 $ 2,946.93 SOUTH FLORIDA SLASH PINE (5'-6') 37 EA $ 154.30 $ 5,709.10 $ 2,854.55 $ 2,854.55 SYCAMORE 2 EA $ 331.86 $ 663.72 $ 331.86 F 331.86 LIVE OAK (12'-14') 26 EA $ 405.00 $ 10,530.00 $ S,2b5.00 $ 5,265.00 SABAL PALM (8'-18') 55 EA $ 157.23 $ 8,647.65 1 $ 4,323.83 $ 4,323.83 EXHIBIT "A" PAGE 2 OF 3 Ap 1,la.1 k-, ATTACHMENT 4 66 SHRUBS/GROUNDCOVERS ENGINEERING AND SURVEY DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE COCOPLUM 1,322 EA $ 28.33 $ 37,452.26 $ 18,726.13 $ 18,726.13 AMERICAN BEAUTYBERRY 3,218 EA $ 3.50 $ 11,263.00 $ 5,631.50 $ 5,631.50 SMALL LEAFE CLUSIA 225 EA $ 85.80 $ 19,305.00 $ 9,652.50 $ 9,652.50 FIRE BUSH 5,124 EA $ 6.75 $ 34,587.00 $ 17,293.50 $ '17,293.50 DWARF YAUPON HOLLY 1,246 EA $ 7.8S $ 9,781.10 $ 4,890.55 $ 4,890.55 MUHLY GRASS 652 EA 1 $ 6.75 $ 4,401.00 $ 2,200.50 $ 2,200.50 SHORT LEAF WILD COFEE 1,947 EA $ 7.12 $ 13,862.64 $ 6,931.32 $ 6,931.32 SAND CORDGRASS 80 EA $ 6.75 $ 540.00 $ 270.00 $ 270.00 SAW PALMETTO 3,642 EA $: 15.16 $ 55,212.72 $ 27,606.36 $ 27,606.36 DWARF FAKAHATCHEE GRASS 712 EA $ 6.75 $ 4,806.00 $ 2,403.00 $ 2,403.00 SOD 80,000 SF $ 0.29 $ 23,200.00 $ 23,200.00 $ - MULCH 230 CY S 35.01 $ 8,052.30 $ 4,026.15 1 $ 4,026.15 PERIMETER IRRIGATION 11 LS $ 60,000.00 $ 60,000.00 $ 60,000.00 $ - - $ 324,951.22 1 $ 204,075.61 1 $ 120,875.61 TOTALS $ 2,858,693.17 $ 2,348,808.80 $ 509,884.37 % OF TOTAL COMPELTE 82.16% 17.84% PROPOSED BOND AMOUNT (125%) Is 637,355.46 Kiml4Hrn an s ociates, Inc. tict t Kina Husainy, P.E. = $48 FL Regt175481 Y 7j *NOV 0 Kimley>A-orn y� ,n EXHIBIT "A" PAGE 3 OF 3 ATTACHMENT 4 67 ENGINEERING AND SURVEY DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE COMMON AREA AND LAKESHORE TREES ENGINEERING SERVICES 1 LS $ 40,000.00 DESCRIPTION QUANTITY UNIT UNIT COST 1 LS TOTAL COMPLETE $ 45,000.00 INCOMPLETE JAPENESE BLUEBERRY 12 EA $ 339.17 $ 4,070.04 $ $ 4,070.04 LIVE OAK (12'44') 126 EA $ 405.00 $ 51,030.00 $ $ 51,030.00 SABAL PALM (10'-20') 56 EA $ 295.29 $ 16,536.24 $ $ 16,536.24 SABAL PALM (8'-18') 26 EA $ 157.23 $ 4,087.98 $ $ 4,087.98 BALD CYPRESS (6'-7') 53 EA $ 104.81 $ 5,554.93 $ $ 5,554.93 BALD CYPRESS (10') 72 EA $ 207.52 $ 14,941.44 $ $ 14,941.44 JAPANESE PRIVET (5'-6') 4S EA $ 150.00 $ 6,750.00 $ $ 6,750.00 SOUTHERN MAGNOLIA 13 EA $ 350.00 $ 4,550.00 $ $ 4,550.00 SYCAMORE 4 EA $ 331.86 $ 1,327.44 $ $ 1,327.44 RED MAPLE 3 EA $ 249.00 $ 747.00 $ $ 747.00 EAST PALATKA HOLLY 1 EA $ 250.00 $ 250.00 $ - $ 250.00 TOTAL 1 $ 109,845.07 $ $ 109,845.07 TOTALS $ 2,858,693.17 $ 2,348,808.80 $ 509,884.37 % OF TOTAL COMPELTE 82.16% 17.84% PROPOSED BOND AMOUNT (125%) Is 637,355.46 Kiml4Hrn an s ociates, Inc. tict t Kina Husainy, P.E. = $48 FL Regt175481 Y 7j *NOV 0 Kimley>A-orn y� ,n EXHIBIT "A" PAGE 3 OF 3 ATTACHMENT 4 67 ENGINEERING AND SURVEY DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE ENGINEERING SERVICES 1 LS $ 40,000.00 $ 40,000.00 $ 30,000.00 $ 10,000.00 SURVEY SERVICES 1 LS $ S0,000.00 $ 50,000.00 $ 45,000.00 $ 5,000.00 SET PRM'S, PCP'S, LOT CORNERS 1 LS $ 10,000.00 $ 10,000.00 $ - $ 10,000.00 TOTAL 1 $ 100,000.00 $ 75,000.00 $ 25,000.00 TOTALS $ 2,858,693.17 $ 2,348,808.80 $ 509,884.37 % OF TOTAL COMPELTE 82.16% 17.84% PROPOSED BOND AMOUNT (125%) Is 637,355.46 Kiml4Hrn an s ociates, Inc. tict t Kina Husainy, P.E. = $48 FL Regt175481 Y 7j *NOV 0 Kimley>A-orn y� ,n EXHIBIT "A" PAGE 3 OF 3 ATTACHMENT 4 67 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: November 9, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Aw Subject: Amendment No. 1 to 12th Street Watermain Design Contract with MBV Engineering, Inc. DESCRIPTIONS AND CONDITIONS: On December 1, 2015, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 2 with MBV Engineering, Inc., for surveying, design, permitting and construction phase assistance to replace the existing Asbestos Concrete (AC) watermain on 121h Street for a sum amount of $105,000.00. The design was to cover an area generally described as having a western limit of 20th Avenue, an eastern limit of Old Dixie Highway, a northern limit of 14th Street, and a southern limit of 121h Street. ANALYSIS: During the design process, it was noted that the termination of the proposed main at 20th Avenue is better served tying into the existing 16" watermain on the west side of 201h Avenue. Also, the proposed watermain needs to be relocated from the north side of 12th Street to the south side due to unanticipated field conditions obtained during the topographic survey. The amendment will be provided in accordance with the Extension and Amendment of the Continuing Services Contract Agreement for Professional Services with MBV, Engineering; Inc. dated November 4, 2014. The scope is more specifically described in the attached Amendment No. 1 to Work Order No. 2. The total negotiated cost for the additional surveying and design revisions are outlined in Amendment No. 1 to Work Order No. 2 for a lump sum amount of $11,500. Including the additional topographic survey and design, the new contractual cost with MBV will total $116,500. The Department's intention is to have a fully completed design with all the necessary permits on hand in order to plan a phased approval for construction. FUNDING: Funding for the 12th Street Watermain Replacement project is available within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount 12th Street/Old Dixie to 201h Avenue Watermain Replacement 471-169000-16502 $11,500.00 68 • 1 RECOMMENDATION: Staff recommends approval of the attached Amendment No. 1 to Work Order No. 2 authorizing the above_ mentioned professional services and requests the BCC authorize the Chairman to execute the attached Amendment No. 1 to Work Order No. 2 on their behalf for a lump sum amount of $11,500.00 to MBV Engineering, Inc. ATTACH M ENT(s): 1. Amendment No. 1 Work Order No. 2 and supporting documents (3 Pages) I I i A F r I I I 1 I I i i 'I 69 I Attachment 1 AMENDMENT NUMBER 1 WORK ORDER NUMBER 2 12th Street Water Main Replacement Between 20th Ave. & Old Dixie Hwy. This Amendment 1 to Work Order Number.2 is entered into as of this _ day of ; 201&, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered .into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 2, Effective Date November 17, 2015. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit 1 (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), and within the timeframe more particularly set forth in Exhibit N/A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. 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: Title: ��3CC ��T�SdG`�tiri BCC Approved Date: Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Approved: Approved as to form and legal sufficiency: Jason E. Prov4n, County Admi T. Reingold, County Attorney 70 EXHIBIT 1 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES 12TH STREET WATER MAIN REPLACEMENT BETWEEN 20TH AVENUE AND OLD DIXIE HIGHWAY AMENDMENT NO.1 TO WORK ORDER NO.2 GENERAL Previously, MBV Engineering had been authorized by Indian River County to survey and design watermain improvements along 12th St. from an existing 6" water main on the east side of 20th Ave to Old Dixie and adjacent residential and commercial properties to the north and south. Through the design process, additional design alternatives have been presented and reviewed by County personnel and as such are now being presented to the Board for their consideration. The proposed design improvement modifications will consist of connection to the larger 16" water main on the west side of 20th Ave. and relocate the proposed watermain from the north side of 121 Street to the south side due to unanticipated field conditions prior to receiving survey. In addition, existing PVC water mains along 14th Ave, 14th St and 15th Ave south of 14th St will be utilized as it has been determined that these mains are relatively newer and do not need replacing as previously anticipated. This will result in a substantial construction cost savings. Additional survey and design efforts in addition to providing construction phasing are included. in this additional scope. As such, MBV Engineering will provide the additional surveying and design services related to the above activities. SCOPE OF WORK The scope of work has been detailed below aiid represents the servioes provided for the above. 1. Shift the proposed watermain from 201h Ave to 10h Ave from the north side of the road as designed to the south side of the road. 2. Connect to the existing 16" watermain on the west side of 20th Ave as opposed to the existing 6" watermain on the east side. 3. Provide phasing at 12th Ave. 4. Utilize the existing 6" watermain that runs from 12th St north along 14th Ave, then west on 14th St. Also utilize the existing 6" watermain that runs from 14th St south along 15th Ave. This is being modified as it was determined that this existing 6" watermain is PVC and was installed in 1983, and therefore is adequate to remain which will help provide a significant savings in construction costs. Page 1 of 2 71 COMPENSATION: Compensation for IRCDUS Work Order No. 2, AMENDMENT NO.]. services described herein are detailed below and will be based on the lump sum Method in accordance with Section 5 of the Original Agreement. The total AMENDMENT NO.1 fee shall not exceed $11.500 without mutual agreement by the County and CONSULTANT. The compensation shall be as follows: Survey $ 7,500 Design Services $ 4,000 Sub -Total $11,500 ADDITIONAL SERVICES: When required by the County. or the Contract Documents, where circumstances exist beyond the CONSULTANT'S control, CONSULTANT shall provide or obtain from others, as circumstances require, those additional services not listed as part of the Work Order. CONSULTANT shall notify 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 vendors intended to provide additional services shall first be approved by the County, in writing, by the County's Project Manager. Page 2 of 2 72 CONSENT INDIAN RIVER COUNTY, FLORIDAi, MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergd4bSees FROM: Maria Resto Radiological Emergency > g Analyst/Radio System Manager CL_ DATE: November 8, 2016 SUBJECT: Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Since the completion of the 800 MHz radio system project in 1996, Communications International Inc., the factory certified regional service partner of the manufacturer, has provided the daily maintenance for the radio system. On March 1, 2011, the Board designated Communications International as the County's Sole Source Provider for the 800 MHz Communications System Service. To guarantee continuity of essential services, the County requires Communications International to have certified service technicians available twenty-four (24) hours a day for immediate repairs. Communications International is the only regional vendor qualified to perform the maintenance and repairs. The approved contract for FY 2015/2016 (Contract Number CI -10-146) provided for renewal or extension of the contract in one (1) year increments for a total of five (5) years upon mutual consent of the parties. The terms and conditions of the proposed contract will remain the same as the previous one with increases/decreases in annual maintenance costs only due to South Urban Consumer Price Index (CPI) adjustments. The proposed FY 2016/2017 contract for the communication system backbone infrastructure maintenance totals $305,736.00. FUNDING: The South Urban Region CPI is used to annually adjust the cost of the maintenance and service agreement. The CPI for the FY 2016/2017 is of 0.70%. The CPI adjusted contract for FY 2016/2017 is for $305,736.00 and is to be paid through monthly invoices. 73 FY 2015/2016 Maintenance Agreement $303,602.52 FY 2016/2017 Proposed Maintenance Agreement $305,736.00 Increase/Decrease: $2,133.48 Funding for the communications service agreement is a planned expenditure and is included in the FY 2016/2017 Communications/Emergency Services (001-107) budget in the General Fund. Account Number Agreement Amount 001.10719-034 690 $305,736.00 RECOMMENDATION: Staff recommends the Board to approve the 800 MHz Communications system Master Service Agreement.with Communications International Inc. ATTACHMENTS: 1. Master Service Agreement (Contract Number CI -10-146) 2. Backbone FY 2016-2017 Maintenance Cost Summary 3. CPI Calculation Letter 4. Harris Sole Source Letter APPROVED FOR AGENDA FOR: November 22, 2016 BY: Indian River Co. Approv Da e Legal Budget i Dept: Risk Mgr. General Svcs. 74 0 COMMUNICATIOiN IN T EIRNATIONAL ORIGINAL 4450 US 1 ♦ _Vero Beach, Florida 32967 ♦ Telephone: (772) 569-5355 ♦ Fax: (772) 567-2292 MASTER SERVICE AGREEMENT Contract Number CI -10-146 This Contract is entered into by and between Communications international, Inc., located at 4450 U.S. Highway 1, Vero Beach, Florida 32967 (" "Ci"), and Indian River County Board of Commissioners, located at 1801 271h Street (the "Customer"), on the I` day of October 2015, (the "Effective Date"). WHEREAS, Ci currently provides maintenance services for two-way radio communications systems and other electronic equipment; WHEREAS, the Customer desires to contract the repair and maintenance of certain two-way radio equipment and other electronic equipment as described herein; WHEREAS, the Parties desire to establish terms, conditions and pricing under which the particular equipment will be maintained; and WHEREAS, the Parties hereby desire to enter into this Contract to set forth, in writing, their respective rights, duties and obligations hereunder; NOW, THEREFORE, for and in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and suffiCiency of which is hereby acknowledged and confessed, the Parties agree as follows: L .DEFINITIONS A. Parties - shall mean, collectively, Ci and the Customer. B. Services — shall mean those services to be provided by Ci to the Customer pursuant to this Contract, but not limited to maintenance, repair, replacement, labor and testing. C. Contract — shall mean this document along with all documents attached hereto and incorporated herein by reference. D. Terminal Equipment — shall mean vehicular mounted radios, personal portable radios, portable radio desk chargers and basic compact vehicular chargers and as otherwise specifically described as Terminal Equipment for maintenance in this Contract. E. Fixed Equipment — shall mean site repeater stations and associated equipment, multi -site coordinator, console electronic equipment, radio control stations and as otherwise specifically described as Fixed Equipment for maintenance in this Contract. F. Other Equipment — shall mean any other electronic equipment that is listed in this Contract and defined herein. G. Demand Services — shall mean service that is requested which is not included in the fixed fee arrangement in this Contract. H. Normal Working Hours — shall mean 8:00 am until 5:00 pm, local time, Monday through Friday, excluding Federal and State Holidays ("Business Days"), unless otherwise defined. I. Emergency Services - shall mean services that are available by Ci twenty-four (24) hours per day, seven days per week, including Federal and State Holidays. Page 1 of 12 75 ORIGINAL 2. SCOPE OF CONTRACT Ci agrees to maintain the ability to provide the services set forth in Exhibit A of this Contract and to provide the services described herein, including Demand Services. The Customer agrees to purchase Demand Services from Ci, as needed, in accordance with Exhibit C of this Contract. 3. TERM OF CONTRACT A. The term of this Contract shall be for a period of one (1) year(s) (the "Term") and shall automatically renew at the end of the Term, unless (I) either party notifies the other party, in writing, at least ninety (90) days prior to expiration of this Contract (the "Renewal Notice") or (11) in the event Ci proposes new terms, conditions, or pricing ("New Terms"), such New Terms are not accepted by the Customer in the Renewal Notice. There shall be no more than four (4) renewals to this contract. B. This contract will be adjusted each year based on the Consumer Price Index (CPI). Use the Bureau of Labor Statistics web site (http:\\www.bis.gov/cpi/home.htd): 1. Select the "South Urban region of the U.S. Map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Change 4. Select "Retrieve Data" 5. Scroll down.to the current year and select the "Feb" number 6. This number will be used as a multiplier .for the recent year total of the maintenance contract The percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February.. 4. PRICES AND TERMS OF PAYMENT A. The prices to be charged for the regular routine maintenance Services areas set forth in Exhibit B. B. The prices to be charged for the Demand Services and Professional Services are as set forth in Exhibit C. C. All pricing discounts on both hardware and software, including all vendor equipment offered by Ci are set forth in Exhibit D. D. Payment for Services for monthly maintenance, as outlined in Exhibit B of this Contract, is due in advance and payable in full forty-five (45) days after receipt of invoice. Invoices shall be submitted to the Customer on a monthly basis. E. Payment for all Demand Services, Professional Services and purchase of all products and/or equipment is due in full forty-five (45) days after receipt of invoice. Invoices shall be submitted to the Customer as the work is completed. 5. EXTRA CHARGES No extra charges of any kind will be allowed unless specifically agreed to in writing by both Parties. 6. SERVICES A. Installation, removal or reinstallation of equipment, shall be performed by Ci, following reasonable notice to the Customer at the rates listed in Exhibit C and at a time agreed to by both Parties. B. Items that are not covered under Services for maintenance in Exhibit B, such as speaker microphones and Enhanced Vehicular Chargers, will be repaired and/or replaced as Demand Services and will be charged at the prices set forth in Exhibit C. C. In addition to the Services specified in this Contract; the Customer may order other work to be provided by Ci, including specially designed work or services otherwise. not covered by this Contract ("Special Requirements Order"). Within ten (10) business days of receipt of a Special Requirements Order, Ci will furnish the Customer with a written proposal to fill such Special Requirements Order, including price and delivery time. The Customer may accept or reject any such proposal with ten (10) Business Days of receipt. Any proposal not specifically accepted will be deemed rejected on the eleventh (III) Business Day after receipt. Page 2 of 12 76 OLYWGINAL D. Purchase orders issued in compliance with this Contract, other than Special Requirements Orders, shall be deemed accepted upon receipt by Ci. Special Requirement Orders shall be deemed accepted by Ci upon receipt of the Customer's acceptance of Ci's proposal. E. Unless otherwise specifically agreed between Ci and the Customer, in writing, the terms and conditions of this Contract shall take precedence over any accepted purchase order issued after the date of this Contract, in accordance with Section 16 of this Contract. F. All qualified Terminal Equipment in the Customer's inventory must be listed in Exhibit B to be covered under this Contract G. Terminal Equipment shall be delivered to, and maintenance performed at, a Ci facility during Normal Working Hours. If Terminal Equipment is shipped to the Ci facility for repair, the return shipping charges shall be billable to the Customer. Emergency Service on Terminal Equipment, if requested, will be performed and will be charged at the prices set forth in Exhibit C. H. Any Terminal Equipment found to be non -working or incapable of meeting specifications during performance of the first Preventative Maintenance effort will be omitted from inventory on Exhibit B until the Terminal Equipment is brought up to specification at the Customer's expense. Terminal Equipment that is designed to operate in chemically volatile or explosive atmospheres or when immersed in water (e.g. Immersion or Intrinsically Safe radios) are not covered by this Contract. 7. PREVENTIVE MAINTENANCE Ci will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and correct any deficiencies found ("Preventative Maintenance"). Copies of service records will be available to the Customer upon request. 8. DATABASE REPROGRAMMING Annual mobile radio software updates will be provided by Ci during annual Preventative Maintenance. The LID reprogramming changes will be provided periodically, upon request, at no cost to the Customer. 9. ADDITIONS AND DELETIONS A. The quantity of Terminal Equipment units to be maintained and/or serviced may be added to, or removed from, this Contract while the Contract is in force. New Terminal Equipment units purchased in any given budget year of the Customer may be added to the Contract immediately following the expiration date of the manufacturer's warranty. A letter of authorization from the Customer is required to add to or remove EQUIPMENT from Exhibit B. Such Terminal Equipment must be identified by individual LID numbers, serial numbers and property ID numbers. B. Charges for Terminal Equipment added or removed in a particular month will be added to, or dropped from, the amount charged to the Customer the following month. 10. RESPONSE TIME The estimated time of repair of Terminal Equipment delivered to Ci's local facility is three (3) to seven (7) Business Days. 11. FORCE MAJEURE Ci will not be considered in default or liable for any delay or failure to perform its obligations under this Contract if such delay or failure arises directly or indirectly out of an act of nature, war, labor strikes, lockouts, trade disputes, fires, quarantine restrictions, governmental action or by causes beyond the reasonable control of Ci. In such event, any obligation of Ci under this Contract will be postponed until the cause underlying the Force Majeure ceases to exist and such postponement or delay will not be held against Ci. Ci shall immediately notify the Customer verbally and in writing if a Force Majeure event delays performance and shall state the revised date for performance. 12. INDEMNIFICATION To the extent allowable by law, Ci shall indemnify and save harmless the Customer from any and all liability, claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from the performance of its work under this Contract, where Page 3 of 12 77 ORIGINAL such claim, damage, loss, or expense is directly caused by the negligence or intentional wrongful act or omission of Ci, its agents, employees, or any of its subcontractors, in connection with or pursuant to this Contract. 13. LIMITATION OF LIABILITY The liability of Ci pursuant to Section 12 shall not exceed the greater of an aggregate limit of $50,000 or the amount actually paid by the Customer to Ci under this Contract, regardless of the legal theory under which such liability is imposed. 14. INSURANCE A. Within thirty (30) days of the execution of this Contract, Ci shall furnish the Customer with certificatesof insurance showing that Ci carries Automobile Insurance and General Liability Insurance in an amount not less than One Million Dollars ($1,00000) per occurrence and Workmen's Compensation Insurance sufficient to satisfy state law requirements. The certificates of insurance shall also provide that at least thirty (30) days notice in writing shall be given to the Customer of any cancellation or reduction of coverage before such coverage is cancelled or reduced. B. The Customer shall be named as an additional insured party on the policies obtained by Ci pursuant to this Section. Ci shall not be relieved of any obligation of indemnification pursuant to this Contract by reason of its failure to secure and maintain insurance as required by this Section. 15. CANCELLATION This Contract may be terminated by either party, with or without cause, upon not less than ninety (90) days notice, in writing, by overnight delivery, personal delivery or registered mail return receipt requested to the other party. Such notice shall be effective upon receipt. 16. ENTIRE CONTRACT AND MODIFICATION This Contract and the attachments hereto and made a part hereof sets forth the entire agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification or waiver of any provisions of this Contract or consent to any departure therefrom shall be effective unless in writing and signed by duly authorized officers of both Parties. AUTHORIZED SIGNATURE - CONTRACT NUMBER CI -10-146 IN WITNESS HEREOF, Communications International, Inc. and the Customer have caused this Contract to be signed as of the Effective Date set forth above. COMMUNICATIONS INTERNATIONAL INC. By: Title: C � a Name: 1,>,4,R R y K e+n-7 Date: it /s -//S- .-/0 s -//S INDIAN �RIVER COUNTY BOARD OF COMMISSIONERS Title: ch. Name:, pari Date: Nnvamher 1,7 7 A a c ATTEST : Jeffrey R. Smith, Clerk of Court and -- roller BY: Deputy Clerk Page 4 of 12 APPROVED AS r 0 1•-0. AND CAI. P RY V:'ti,1.1Mt K.:31i�lIAAE ol!rUTYC0U"r1ATT0lY* sY 78 Contract Number CI -10-146 EXHIBIT "A" SCOPE OF WORK ORIGINAL During the term of the Contract, Ci agrees (i) to provide the Customer with repair, maintenance services and parts to maintain the Customer's radio equipment as set forth herein and (ii) to provide the products and services as described in Exhibit A and B at the prices set forth in Exhibits B and C. 1. Conditions of Service Ci shall supply staffing, supervision, labor; service facilities, repair parts, test equipment and supplies necessary to meet the service requirements stated herein. 2. Terminal Equipment Maintenance 3. Fixed Equipment Maintenance A. Emergency Service shall be provided by Ci for Fixed Equipment Maintenance and Ci will respond within two (2) hours of the Customer's request for Emergency Service. B Ci shall not be liable for any costs incurred for repair and/or replacement of any Fixed Equipment that becomes inoperative due to user or third party negligence, installation or removal; liquid intrusion; lightening damage or Acts of God. Any component parts replaced under this Section shall be returned to Customer for inspection. C. Ci shall not be liable for any costs incurred for correcting, repairing or replacing infrastructure or data corruption caused by (i) improper operations of Customer or any third party or (ii) failure of Associated Systems. "Associated Systems" are defined as any equipment used in the operation of the Customer's Fixed Equipment or Terminal Equipment that is not maintained by Ci. 4. Preventative Maintenance Ci will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and will correct any deficiencies found. 5. General All services provided under this Contract are only applicable to the Terminal Equipment, Fixed Equipment and Other Equipment listed in Exhibit KB" Page 5of12 79 Contract Number CI -08-10-146 CC 0 MM, U IN I C ATI 0 NS INTERNA. ; IONAL 4450 US Highway 1 Vero Beach, FL 32967 772-569-5355 Fax: 772-567-2292 Indian River County Emergency Services Radio Systems Manager 1840 25th Street Vero Beach, FL 32960 772-567-3160 Contract # CI -10-146 Purchase Order # Covered Period: October 1, 2015 - September 30, 2016 ORIGINAL EXHIBIT "B" Equipment and Pricing List Budgetary Quote Agreement # Customer # IRC13OBB Customer Details Bill To: Indian River County Emergency Services Radio Systems Manager 1840 25th Street Vero Beach, FL 32960 Document Details Billing Details South Tower Site 201412015 South Urban Cpi 2015/2016 Qty Unit Amount Unit Monthly -0.30% Amount Amount Channels Mastr III Stations 15 $ $ $ 123.64 (0.37) 123.27 1,849.05 Channel Site Pro's 15 $ $ $ 42.18 (0.13) 42.05 630.75 Receiver Multicoupler with Tower Top Amp 1 $ $ $ 136.00 (0.30) 135.70 135.70 Network Sentry Server1 $ $ $ 301.58 (0.90) 300.68 300.68 Simulcast Common Transmit Equipment $ $ 1 1 $ 309.07 (0.93) 308.14 306.14 Mastr III Mutual Aid Channels$ 6 $ $ 123.64 (0.37) 123.27 739.62 Intraplex Multiplexer 3 $ $ $ 29.05 (0.09) 28.96 86.88 Microwave Radios 4 $ $ $ 121.89 (0.37) 121.52 486.08 Egret Marsh Microwave Radios 2 $ $ 117.49 (0.35) 117.14 $ 234.28 Page 6 of 12 80 81 ORIGINAL T1 Switch 4 $ $ $ 29.05 (0.09) 28.96 115.84 IP Network Equipment 2 $ $ $ 120.55 (0.36) 120.19 240.38 Total for South Site $ 5,127.40 Simulcast Control Point Qty Unit Amount Monthly Amount Vertical Site Pros 15 $ $ $ 115.13 (0.35) 114.78 1,721.70 Intraplex Multiplexers3 $ $ $ 29.05 (0.09) 28.96 86.88 Egret Marsh Intraplex Multiplexer 1 $ $ $ 27._04 (0.08) 26.96 26.96 Network Sentry Server 1 $ $ $ 301.58 (0.90) 300.68 300.68 Control Point Common Equipment & Alignment Rack 1 $ $ $ 309.07 (0.93) 308.14 308.14 15 Analog & Digital Voters Egret Marsh 1 $ $ $ 126.50 (0.38) 126.12 126.12 Down Links 1 $ $ 29.1.0 (0.18) 28.92 28.92 SIM 1 $ . $ 253.00 (0.76) 252.24 252.24 DC Power System $ $ 1 364.71 (1.09) 363.62 363.62 IP Network Equipment $ $ $ 1 120.55 (0.36) 120.19 120.19 Total for Simulcast Control Point $ 3,335.45 North Tower Site - Qty Unit Amount Monthly Amount Mastr III Stations 15 $ $ 123.64 (0.37) $123.27 11849.05 Channel Site Pro's 15 $ $ 42.18 (0.13) $42.05 630.75 Receiver Multicoupler with Tower Top Amp 1 $ $ 136.00 (0.41) $135.59 135.59 Network Sentry 1 $ 301.58 (0.90) $300.68 $ 300.68 Simulcast Common Transmit Equipment 1 $ ' $ 309.07 (0.93) $308.14 308.14 Mastr III Mutual Aid Channels 0 $ - $0.00 - Intraplex Multiplexer$ 3 9.05 (0.09) $28.96 86.88 DC Power Supply System 1 $ $ 296.70 (0.89) $295.81 295.81 Ti Switch 4 $ 29.05 (0.09) $28.96 115.84 Microwave Radios 5 $ 123.56 (0.37) $123.19 $ 615.95 Page 7 of 12 81 ORIGINAL IP Network Equipment 1 $ $ 120.55 (0.36) $120.19 120.19 IMC/CEC Switch 1 $ $4,458.88 Total for North Site 871.60 (2.61) 868.99 868.99 Fellsmere Tower Site 1 $ $ Qty Unit Amount (0.18) 28.92 Monthly 0 Amount Mastr III Stations 7 $ $ 123.64 (0.37) 123.27 862.89 Channel Site Pro's 7 $ 1 $ 42.18 (0.13) $42.05 294.35 Mastr III Mutual Aids Channels 0 $ $ Downlinks 1 $ (1.02) 338.97 $ 'CSD Client 1 29.10 (0.18) 28.92 28.92 Sim 1 $ (0.30) 98.60 $ Netclock -GPS 2 253.00 (0.76) 252.24 252.24 Network Sentry Server 1 $ (0.16) 51.76 $ Intraplex Multiplexers- 11 301.58 (0.90) 300.68 360.68 Receiver Multicoupler with Tower Top Amp 1 $ (0.09) 28.96 $ 136.00 (0.41) 135.59 135.59 Intraplex Multiplexer 2 $ $ 29.05 (0.09) 28.96 57.92 DC Power Supply System 1 $ $ 296.70 (0.89) 295.81 295.81 Microwave Radios 2 $ $ 123.56 (0.37) 123.19 246.38 IP Network Equipment 1 $ . $ 120.55 (0.36) 120.19 120.19 Total For Fellsmere Site $ 2,594.97 Dispatch Equipment Qty Unit Amount Maestro NT Dispatch Consoles 10 $ $ 173.07 (0.52) 172.55 1,725.50 IMC/CEC Switch 1 $ $ 871.60 (2.61) 868.99 868.99 "Microwave Alarm Pc 1 $ $ 29.10 (0.18) 28.92 28.92 0 $ 'DVIU 1 $ $ 370.88 (1.11) 369.77 369.77 'MOM System 1 S 1 $ 111.26 (0.33) 110.93 110.93 `CSD 1 $ S 339.99 (1.02) 338.97 338.97 'CSD Client 1 $ $ 98.90 (0.30) 98.60 98.60 Netclock -GPS 2 $ $ 51.92 (0.16) 51.76 103.52 Intraplex Multiplexers- 11 $ $ 29.05 (0.09) 28.96 318.56 Page 8of12 82 ORIGINAL Zetron Model 25 Encoders 5 $ $ 30.92 (0.09) 30.83 154.15 Orion Remote Back-up Radios 9 $ $ 29.66 (0.09) 29.57 266.13 Microwave Radios (IRCSO,VBPD,Seb PD dispatch) 3 $ $ 123.56 (0.37) 123.19 369.57 T1 Switch (VBPD & SO) 2 $ $ 29.05 (0.09) 28.96 57.92 IP Network Equipment 1 $ $ 120.55 (0.36) 120.19 120.19 UPS battery backup (located at South site) 1 5.32 (0.14) 45.18 45.18 $ Total for Dispatch Equipment 4,976.90 Hobart Tower Site Qty Unit Amount Monthly Amount Mastr III Back-up Stations 15 $ $ 49.46 (0.15) 49.31 739.65 Receiver Multicoupler with Tower Top Amp 1 $ $ 136.00 (0.41) 135.59 135.59 Intraplex Multiplexer 1 $ $ 29.05 (0.09) 28.96 28.96 Med 4 Station 0 $ Med 8 Station 1 $ $ 43.27 (0.13) 43.14 43.14 VHF County Paging System Station 1 $ $ 129.82 (0.39) 129.43 129.43 VHF EM/Fire Page Station 1 $ $ 129.82 (0.39) 129.43 129.43 Total for Hobart Site $1,206.20 Egret Marsh Site Qty Unit Amount Monthly Amount Mastr III Stations 15 $ $ 159.77 (0.48) . 159.29 2,389.35 Network Sentry 1 $ $ 301.58 (0.90) 300.68 300.68 Simulcast Common Transmit Equipment 1 $ $ 293.93 (0.88) 293.05 293.05 Intraplex Multiplexer 1 S $ 27.63 (0.08) 27.55 27.55 DC Power Supply System 1 $ $ 281.34 (0.84) 280.50 280.50 Microwave Radios 2 $ $ 117.49 (0.35) 117.14 234.28 Total for Egret Marsh b3,525.41 Page 9 of 12 83 1 84 ORIGINAL L ost Summery for Oct 2015 -Sept 201612 months Monthly Totals$ i South Tower Site 5,127.40 Simulcast Control Point ' $ 3,335.45 North Tower Site $ 4,458.88 Fellsmere Tower Site Dispatch Equipment $ 2,594.97. $ 4,976.90 Hoban Tower Site $ 1,206.20 Egret Marsh Site $ 3,525.41 Fuel Adjustment $ 75.00 Total Monthly Maintenances f— Qo-w- 84 Contract Number CI -10-146 EXHIBIT "C" DEMAND SERVICE RATES Demand Services Support Staff Cabler System Installer 31W�1_MWI- Rate Per Hour $ 50.00 $ 57.00 $ 62.00 System Design Engineering Hourly Rate $ 150.00 Maintenance Technician (Bench) 1� RR nn 85 Contract No. CI -08-10-146 EXHIBIT "D" Pricing Discounts ORIGINAL Pricing discounts for all Harris manufactured equipment will be at the current Public Safety discount level of 28 % off list price published on the Harris website. All list pricing will reference the most current pricing available. All vendor items will be priced at current published "Public Safety or Government" discount levels. Discounts on all other manufactured equipment, custom equipment, and software not having published discount levels will, be quoted at the time of request. All prices will be at best pricing offered to. Public Safety Agencies by Ci in the tate of Florida. Page 12 of 12 86 W C) C) per ?�N�tON !-ntQO6VcpCo' LO" uj0 Nmwmf-.ON1-.0 t— V- MdwLOONIAfAM _ +=+vMd'NNe=M N 0 01 N V- co V- 0 O N a m O N V O L. S E E 3 r O � V O w m v c w c � o m _ CL '= �3a�ii�m�+ w oewc o 8000 -02 0Eom�'orn�o u)cnzfLa=w>Lt-- N ki O M O Cq f9 c m E LO 0 N 0 C4 c 0 3� RIN MTERNATIONAL, INC. 4450 US Highway 1 ♦ Vero Beach, Florida 32967 ♦ Telephone: (772) 569-5355 ♦ Fax: (772) 567-2292 October 20, 2049 Jason E. Brown, Director Management and Budget 1801 2701 Street Building A Ref Indian River County Radio Maintenance Contract No. CII -05-818 Dear Mr. Brown: A problem exist with the referenced contract in paragraph 3.0 which has to do with the formula used to determine the Consumer Price Index (CPI) in calculating the annual rate increase and/or decrease. CII would like to propose a change to the verbiage in the existing contract with intent to remove any ambiguity and provide a predictable CPI for our contract in the early part of each year. This will allow Indian River County to budget the maintenance contract in pncpa ration for the upcoming year. The neat Co[[harl 1 nguM The basis for this mdension will be the consumer price index (CPQ for all urban consumers of the Bureau of Labor Statistics South Urban most recent publication prior to contract renewal. The adjustment factor used to create price adjustawnt up or down for each unit price proposed is as follows: Previous 12 MWh CPI -(z sagh Wo = CPI Adjustment Current year CPI-USouth Urban RMsed contract ianeuaee Use the Bureau of Labor Statistics webb site (httuJ/www_hls.aov/cnAome htm) I. Select the "SOUM Urban" region of the U.S. map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Change" 4. Select "Retrieve Data" 5. Scroll down to the current year and select the "Feb" number 6. This number will be used as a multiplier for the recent year total of the maintenance contract This percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February. Please call me to discuss this matter should you desire. If you are in agreement let me know and we will issue an amendment to the referenced contract. Sincerely, Robert Wm Stork Owner/CBO 88 aet>!n>t Qd!lORATidnt � i tmnte�tft ,- tm =RAM IX -MW BMYIrT asa,au6owa � pane t-as6.7ta s12s mR 1-�tn CWkAw 1.8854?+M Fury a, tot t k*wnadcneat, Inc Contmurtk` mm Intsmanonai, Inc (co) is a Pmw member of Harris'' Nowed dales r#mmm and is the exclusive Harris At&odzed Service, Center for the Indian Rim County area_ CH has been a idarris peMer for over 30 years and N by far Ute WOW Netwo lc SeNiice Pwvkler far Harris kn the eastern United Siatm aril Imoand nvkftk a many of Harris aysbmis across the county irK*xb g York County. PA. CbA CowAyAas Vegas, NV, 8rtd the Std o of Fkx & As suck Cif ertgtirtesrs Via& gpsely and tnsin atontgside Harris er1g1r1eer5 arnd tsdtrticai ga f on the design, staging, wee and supportand Of new bttcitnokW Th6 walkwb dished reledon>ship a GUM our QmWffmW system rttakftn mae needs gets 8ffi9rttbn ft".al areas of the learn. sotlatare eagineers, 5efd engineers„ bzctuitdans and prioWm CH is hGaMm>artened N VWa Beach, Ft W is an Wtployee MW any WM 12 bwbw and &w 150 employees including certliied enineers, senior bxchniaans, program mar>agers, and subject matter ax MtL CII q%dWb= in oompiWe WkSleSS CMWMU*MbQn >iysberns and has the unique, pushy of having experieaeed tntaff bin w%dge in bath Radio Cormnwnic adons and IT *ftvbgiw C11 has the abMly to intoe rnuftlle type* of cwmwnic� gatfvtms. v 4ith" RSM Endwsum 89 Cost Summary for Oct 2016 -Sept 2017 (12 months) Monthly Totals South Tower Site $5,163.14 Simulcast Control Point $3,358.55 North Tower Site $4,489.95 Fellsmere Tower Site $2,613.07 Dispatch Equipment $5,011.76 Hobart Tower Site $1,214.72 Egret Marsh Site $3,551.81 ; Fuel Adjustment $75.00 Total Monthly Maintenance for Sites: $25,478.00 Total Oct -Sept Maintenance: $305,736.00 The Consumer Price Index Southeast Urban Region of .07 has been added to each equipment line item that was on 2015-2016 agreement: 90 INTERNATIONAL, INC. 4450 US Highway 1 ♦ Vero Beach, Florida 32967, ♦ Telephone: (772) 569-5355 a Fax: (772) 567-2292 October 20, 2009 Jason E. Brown, Director Management and Budget 1801 271b Street Building A Ref Indian River County Radio Maintenance Contract No. CII -05-818 Dear Mr. Brown: A problem exist with the referenced contract in paragraph 3.0 which has to do with the formula used to determine the Consumer Price Index (CPI) in calculating the annual late increase and/or decrease. CII would like to propose a change to the verbiage in the existing contract with intent to remove any ambiguity and provide a predictable CPI for our contract in the early part of each year_ This will allow Indian River County to budget the maintenance contract in preparation for the upcoming year. The M=nt wal act Ian ie The basis for this extension will be the consumer price index (CH) for all urban con wners of the Bureau of Labor Statistics South Urban most recent publication prior to contract renewal The adjustment factor used to create price ad ustment up or down for each unit price proposed is as follows: Previous J2 manth CPI -U South Urban — CPI.ldjustmeni Current year CPI -U South Urban Proposed contract lane: Use the Bureau of Labor Statistics webb site (b0:/Azwwbls.9QYAAAome.html 1. Select the "South Urban" region of the U.S. map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Change" 4. Select "Retrieve Data" 5. Scroll down to the current year and select the "Feb" number 6. This number will be used as a multiplier for the recent year total of the maintenance contract This percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February. Please call me to discuss this matter should you desire. If you arc in agreement let me know and we will issue an amendment to the referenced contract. Sincerely, Ai. Robert Wm Stork Owner/CBO 91 Conxraatiai * 1nt8flubOnal, Ina (CH) is a prancer member of Harris Wired Was dtanneA and is the e=Wsive Haag &WwrizSd Service Center for the Indian River Cm mty area. Cal has been a Hiartis partner for aver 30 years and is by far the larqW Network SeMca Pmklar for Flmle in the easbam Urrded States and im*mw to and rreairetdns Many of Hartle system axes the =y inclkcding York County. PA. Clark Cow*A as Vegas, NV, and the State of Florida As such; Cll mmgkums work closely and baro alongside Hatris aXftmn and tsdueloal staff on the design, sftlog, nuktwarme and support of new tedwtdogy. This shad mW6onship asst m au CustomaW sydern "WkAmmm needs gab attention f m all areas of the team, software enonews, JIM engkeBeM tedwdc m and program CU is headquartered In Vero Beach, Ft and Is an Wployee owned OmVany With 12 locations and over 150 employees mckx efj oarbW ercuumws, senior techricians, PMWM Managers. aid std matter e "ft CII sperms in oompSelo wireless oomrmm*mb m systems ared has the urdque gmft of havk>tg tended daft tammMedOe in Moth Radia Corratreunicatta m and IT techn *gies. CII has the abilfty to integrate mrrWe types of cormnunioation pladonns. r rya awaae• aere�oeu►reea 1iFComt�traaiaa tio3e Gad sawn tra4 aav am rectus a -ABW eerffr OWL LA 70M 14MSTr84126 oOMW 1 774 -?W FeWUary 4, 2011 rnw.t�ankt�mta I mi, Inc Conxraatiai * 1nt8flubOnal, Ina (CH) is a prancer member of Harris Wired Was dtanneA and is the e=Wsive Haag &WwrizSd Service Center for the Indian River Cm mty area. Cal has been a Hiartis partner for aver 30 years and is by far the larqW Network SeMca Pmklar for Flmle in the easbam Urrded States and im*mw to and rreairetdns Many of Hartle system axes the =y inclkcding York County. PA. Clark Cow*A as Vegas, NV, and the State of Florida As such; Cll mmgkums work closely and baro alongside Hatris aXftmn and tsdueloal staff on the design, sftlog, nuktwarme and support of new tedwtdogy. This shad mW6onship asst m au CustomaW sydern "WkAmmm needs gab attention f m all areas of the team, software enonews, JIM engkeBeM tedwdc m and program CU is headquartered In Vero Beach, Ft and Is an Wployee owned OmVany With 12 locations and over 150 employees mckx efj oarbW ercuumws, senior techricians, PMWM Managers. aid std matter e "ft CII sperms in oompSelo wireless oomrmm*mb m systems ared has the urdque gmft of havk>tg tended daft tammMedOe in Moth Radia Corratreunicatta m and IT techn *gies. CII has the abilfty to integrate mrrWe types of cormnunioation pladonns. r rya CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA] AGENDA ITEM Assistant County Administrator / Department of General Services Date: November 15, 2016 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Florida Fish & Wildlife Conservation Commission Gopher Tortoise Habitat Management Funding Assistance Description and Conditions: On September 2, 2016, staff applied for Habitat Management Assistance Funding (HMAF) from the Florida Fish & Wildlife Conservation Commission (FWC.) North Sebastian Conservation Area (NSCA) ranked among the top statewide applications received and was chosen to receive $14,000 to conduct prescribed burning, roller -chopping and exotics treatment, and to install silt fencing to create a holding area for the purposes of receiving Gopher Tortoises from development sites that have Incidental Take Permits. As part of the funding assistance that provides for silt fence installation, the County agrees to become a Gopher Tortoise Incidental Take Permit (ITP) Recipient Site and to manage the conservation area for gopher tortoises in the foreseeable future. This management is consistent with and furthers the conservation goals of managing the site under the Sebastian Area -Wide Florida Scrub jay Habitat Conservation Plan (approved March 2000) as well as the management goals and objectives of the County's Approved Management Plan (approved June 2001). It further aids in meeting the management plan objectives agreed upon by the by Florida Communities Trust (a cost -share partner for the purchase of the NSCA). The funding assistance provided does not require any monetary match. Analysis: In the late 1990s, Indian River County purchased several parcels that now make up the NSCA (407 acres) with cost share funding from the Florida Communities Trust (FCT). The conservation area was purchased to preserve and manage native vegetation for rare species. Additionally, the conservation area serves as a key component in the Sebastian Area -Wide Florida Scrub jay Habitat Conservation Plan (HCP) which allows for the Incidental Take of Florida Scrub jays within the Sebastian Highlands. Management objectives of the conservation area in both the Management Plan and the HCP are compatible with the management for Gopher Tortoises as they share the same habitat and have similar habitat requirements (i.e. low open canopy and well drained soils). From 1991-2007 developers statewide were, able to mitigate for gopher tortoises on-site by receiving an ITP. This permit authorized the ,"take" of gopher tortoise burrows, gopher tortoises FAAssistant County Administrator\AGENDA ITEMS\2016\BCC 11 NOVEMBER 2016\BCCMemo - FWC Gopher Tortoise Funding.doc 93 and all commensal species residing in the burrow through bulldozing or clearing activities. All ITPs that were issued from 1991-2007 are perpetual and transferable, meaning that all tortoises within those permitted areas can legally be entombed rather than relocated. Since 2007, the FWC and local organizations have worked with developers who have ITPs that have not yet conducted clearing activities to ensure that tortoises are safely retrieved and relocated to preserved areas. Statewide there are only two other ITP Recipient Sites, both of which are in northern Florida. To become an ITP Recipient Site no permit is necessary, only a letter of agreement between the owner of the property and FWC. This letter of agreement does not obligate the owner to any other requirements or commitments for future funding. Any funds received from the HMAF will improve the quality of the habitat for future relocation opportunities and the County will still retain the ability to become a recipient site in the future which may be needed for future County projects. The funding provided under the HMFA expedites and funds habitat management that would otherwise be paid for by the County through the Conservation budget approved each year. Currently, the Conservation budget provides for $8,000 in other contractual services which is utilized to fund habitat management activities throughout the County's conservation areas (over 2,500 acres). Funding: The HMFA provided by FWC does not require any monetary match. A budget amendment would be necessary for $14,000, which would be reimbursed by the FWC purchase order which is issued to the County. Recomendation Staff respectfully recommends the Board to authorize staff to provide FWC a letter of agreement for receiving gopher tortoises from Incidental Take Permitted sites and father authorize the necessary budget ammendment for reimbursable expenses as provided in the FWC purchase order. ATTACHMENT Purchase Order from FWC dated 10/10/16 Example Letter of Authorization Approved Agen Item BY: n 1�. Brown " .�, Administrator FOR: November 22, 2016 Indian River County App ro ed Date Administration f County Attorney (L o Budget -- Department Risk Management FAAssistant County Administrator\AGENDA ITEMS\2016\BCC 11 NOVEMBER 2016\BCCMemo - FWC Gopher Tortoise Funding.doc 94 Purchase Order Terms & Conditions 10/10/2016 Section 1. Purchase Order. A. Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Agency within the manner and at the location specified in the Purchase Order, and any attachments to the Purchase Order. These Purchase Order Terms and Conditions, whether generic or specific, shall take precedence over any inconsistent or conflicting provision in the State of Florida, General Contract Conditions, PUR 1000. Additionally, the terms of the Purchase Order supersede the terms of any and all prior agreements with respect to this purchase. B. Initial Term. Unless otherwise specified, the Purchase Order begins on the date of issuance. Contractual services or commodities to be provided by the Contractor shall be completed by the date specified on the Purchase Order end date. Section 2. Performance. A. Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of Work and attachments to the Purchase Order. The Agency shall be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. Coordination shall be maintained by the Contractor with representatives of the Agency, or of other agencies involved in the project on behalf of the Agency. B. Performance Deficiency. If the Agency determines that the performance of the Contractor is unsatisfactory, the Agency may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time -frame specified by the Agency. The Contractor shall provide the Agency with a convective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Agency, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then -current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Agency for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited. Section 3. Payment and Fees. A. Payment Invoicing. The Contractor will be paid upon submission of properly certified invoice(s) to the Agency after delivery and acceptance of commodities or contractual services is confirmed in writing by the Page 1 of 10 95 Purchase Order Terms & Conditions Agency. Invoices shall contain detail sufficient for audit thereof and shall contain the Purchase Order and the Contractor's Federal Employer Identification Number or Social Security Number. B. Payment Timeframe. Section 215.422, Florida Statutes (F.S.), provides that agencies have five (5) working days to inspect and approve commodities or contractual services. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor's expense. Interest penalties for late payment are also provided for in section 215.422, F.S. A Vendor Ombudsman, whose duties include acting as an advocate for Vendors who may be experiencing problems obtaining timely payment(s) from an Agency, may be contacted at 850-413- 5516, or Vendors may call the State Comptroller's Hotline at 1-800-848- 3792. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the commodities or services are received, inspected, and approved, a separate interest penalty set by the DFS pursuant to subsection 55.03(1), F.S. will be due and payable in addition to the invoice amount. Payments to health care providers for hospitals, medical or other health care services, shall be made not more than 35 days from the date of the eligibility for payment is determined, and the daily interest rate is .03333%. Invoice payment requirements do not start until a properly completed invoice is provided to the Commission. Invoices returned to a vendor due to preparation errors will result in a payment delay. The State of Florida is not required to pay direct Federal Excise and State taxes.on services or commodities purchased. C. MyFloridaMarketPlace Fees. The following language is included pursuant to rule 60A-1.031, Florida Administrative Code: The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. Payments issued by Agencies or Eligible Users to Vendors for purchases of commodities or contractual services are subject to Transaction Fees, as prescribed by rule 60A1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors shall submit monthly reports required by the rule. All reports shall be subject to audit. Failure to pay Transaction Fees or submit reports shall constitute grounds for default and exclusion from business with the State of Florida. D. Payment Audit. Records of costs incurred under terms of the Purchase Order shall be maintained and made available to the Agency upon request at all times during the period of the Purchase Order, and for a period of three years thereafter. Records of costs incurred shall include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Agency for audit. Page 2 of 10 96 Purchase Order Terms & Conditions E. Annual Appropriation and Travel. Pursuant to section 287.0582, F.S., if the Purchase Order binds the State or an executive agency for the purchase of services or tangible personal property for a period in excess of one (1) fiscal year, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Travel expenses are not reimbursable unless specifically authorized in writing, and shall be reimbursed only in accordance with section 112.061, F.S. F. AUTOMATED CLEARING HOUSE (ACH) To make transaction fee payments, contractors can register for debit ACH at http://dms-myflorida.com/business_operations/state_purchasing/myflorida_marketplace/mfmp_ve ndors/vendor_toolkit/forms_for_vendors and download the ACH form. Complete the ACH form and submit it electronically (per the instructions on the form) to the Department of Management Services to process. Note: Registering for ACH can take up to fourteen (14) days. G. ELECTRONIC FUNDS TRANSFER (EFT) The State of Florida can deposit contractor payments directly into your bank account. Contractors can register for EFT at http://www.myfloridacfo.com/aadir/direct_ deposit_ webNendors.htm. Note: Your business name registered for EFT, must match the name listed in MFMP VIP registration to receive direct deposit payments. There can only be one (1) financial institution's account information on file for one (1) federal tax identification number (SSN or FEIN). Payments cannot be sent to two (2) or more financial institutions. Section 4. Liability. A Reasonably Associated Insurance. During the term of the Contract, Contractor, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor, and failure to maintain such coverage may void the Contract. The limits of coverage under each policy maintained by Contractor shall not be interpreted as limiting Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers licensed and authorized to write policies in Florida. B. Workers Compensation. To the extent required by Chapter 440, F.S., the Contractor will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of its employees connected with the work of this project, with minimum employers' liability limits of $100,000.00 per accident, $100,000.00 per person, and $500,000.00 policy aggregate. Such policy shall cover all employees engaged in any contract work. If any work is subcontracted, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law (Chapter 440, F.S.). In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Commission, for the protection of its employees not Page 3 of 10 97 Purchase Order Terms & Conditions otherwise protected. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. C. General Liability Insurance. By execution of this Contract, unless Contractor is a state agency or subdivision as defined by Subsection 768.28(2), F.S. or unless otherwise provided for in the Scope of Work, Contractor shall provide reasonable and adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Contract. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage. D. Insurance Required for Performance. During the Contract term, Contractor shall maintain any other types and forms of insurance required for the performance of this Contract as required in the Scope of Work. E. Written Verification of Insurance. Upon execution of this Contract, Contractor shall provide the Commission written verification of the existence and amount for each type of applicable insurance coverage. Within five (5) days of the execution date of the Contract, Contractor shall furnish proof of applicable insurance coverage to the Commission's Contract Manager by standard Association for Cooperative Operations Research and Development (ACORD) form certificates of insurance. In the event that any applicable coverage is cancelled by the insurer for any reason, Contractor ,shall immediately notify the Commission's Contract Manager in writing of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within fifteen (l 5) business days after the cancellation of coverage. F. Commission Not Responsible for Insurance Deductible. The Commission shall be exempt from, .and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of Contractor providing such insurance. G. Indemnity. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the State of Florida, its officers; employees and agents harmless from all fines, claims, assessments, suits, judgments, or damages, consequential or otherwise, including court costs and attorney's fees, arising out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the Purchase Order, as well as for any determination arising out of or related to the Purchase Order, that the Contractor or Contractor's employees, agents, subcontractors, assignees or delegates are not independent contractors in relation to the Agency. The Purchase Order does not constitute a waiver of sovereign immunity or consent by the Agency or the State of Florida or its subdivisions to suit by third parties. Page 4 of 10 98 Purchase Order Terms & Conditions Section 5. Compliance with Laws. A. Non -Discrimination in Performance No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Contract. B. Discriminatory Vendor List. In accordance with Section 287.134, F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. Contractor has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. C. Lobbying. In accordance with sections 11.062 and 216.347, F.S., the Purchase Order funds are not for the purpose of lobbying the Legislature, the judicial branch, or an Agency. Pursuant to subsection 287.058(6), F.S., the Purchase Order does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Purchase Order, after the Purchase Order's execution and during the Purchase Order's term. D. Gratuities. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (l ) offer, give, or agree to give anything of value to anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State officer or employee. E. Public Records. To the extent required by the Florida Public Records Act, Chapter 119, F.S., the Contractor shall maintain and allow access to public records made or received in conjunction with the Purchase Order. The Purchase Order may be terminated for cause by the Agency for the Contractor's refusal to allow access to public records. F. Communications and Confidentiality. The Contractor agrees that it shall make no statements, press releases, .or publicity releases concerning the Purchase Order or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Purchase Order, or any particulars thereof, during the period of the Purchase Order, without first notifying the Agency's Contract Manager or the Agency's designated contact person and securing prior written consent. The Contractor shall maintain confidentiality of all confidential data, files, and records related to the services and/or commodities provided pursuant to the Purchase Order and shall Page 5 of 10 99 Purchase Order Terms & Conditions comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures shall be consistent with the most recent version of the Agency's security policies, protocols, and procedures. The Contractor shall also comply with any applicable professional standards with respect to confidentiality of information. G. Intellectual Property. Unless specifically addressed in the Purchase Order, intellectual property rights to all property created or otherwise developed by the Contractor for the Agency will be owned by the State of Florida through the Agency at the completion of the Purchase Order. Proceeds to any Agency derived from the sale, licensing, marketing or other authorization related to any such Agency controlled intellectual property right shall be handled in the manner specified by applicable state statute. H. Convicted and Discriminatory Vendor Lists. In accordance with sections 287.133 and 287.134, F.S., an entity or affiliate who is on the Convicted Vendor List or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Purchase Order with any Agency. Section 6. Subcontractors and Assignments. A. Subcontractors. If Contractor is authorized to subcontract, Contractor shall ensure, and provide assurances to the Commission's Contract Manager upon request, that any subcontractor selected for work under this Contract has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Contract. Contractor must provide the Commission's Contract Manager with the names of any subcontractor considered for work under this Contract; the Commission reserves the right to reject any subcontractor. Contractor agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission's Contract Manager upon request. Contractor further agrees that the Commission shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Contractor, at its expense, will defend the Commission against such claims. The following provisions apply, in addition to any terms and conditions included in the Scope of Work. If subcontracting is permitted, the Contractor agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. B. Contractor Payments to Subcontractor. If subcontracting is permitted, the Contractor agrees to make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the Commission in accordance with Section 287.0585, F.S., unless otherwise stated in the contract between Contractor and subcontractor. Contractor's failure to pay its subcontractors within seven (7) working days will result in a penalty charged against Contractor and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty Page 6 of 10 100 Purchase Order Terms & Conditions shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. C. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Purchase Order without the prior written consent of the Agency. In the event of any assignment, the Contractor remains secondarily liable for performance of the Purchase Order, unless the Agency expressly waives such secondary liability. The Agency may assign the Purchase Order with prior written notice to the Contractor. Section 7. RESPECT and PRIDE. A. RESPECT. In accordance with subsection 413.036(3), F.S., if a product or service required for the performance of the Purchase Order is on the procurement list established pursuant to subsection 413.035(2), F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM; OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about the designated nonprofit agency and the products it offers is available at http://www.resi)ectofflorida.oriz. B. PRIDE. In accordance with subsection 946.515(6), F.S., if a product or service required for the performance of the Purchase Order is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with subsection 946.515(2), F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Page 7 of 10 .101 Purchase Order Terms & Conditions Additional information about PRIDE and the http://www.prideenterprises.rg. Section 8. Miscellaneous. A. Independent Contractor. products it offers is available at The Contractor and its employees, agents, representatives, and subcontractors are not employees or agents of the Agency and are not entitled to the benefits of State of Florida employees. The Agency shall not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all of its subcontracts under the Purchase Order. B. Governing Law and Venue. The laws of the State of Florida shall govern the Purchase Order. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Purchase Order. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county chosen by the Agency. C. Waiver. The delay or failure by the Agency to exercise or enforce any of its rights under the Purchase Order shall not constitute waiver of such rights. As part of the consideration for this Contract, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Contract, or with the products or services provided under this Contract, including but not limited to any claim by the Contractor of quantum meruit. D. Modification and Severability. If a Purchase Order Change Order is required for any portion of any job, the Contractor shall not commence to purchase materials for the amended work to be performed, nor proceed with the outlined duties described without prior written approval and receiving a revised copy of the approved Purchase Order in his/her possession. The contractor shall request in writing, a change order, outlining the reasons, and the itemized costs required for the change order. The Purchase Order may only be modified by a change order agreed to by the Agency and the Contractor. Should a court determine any provision of the Purchase Order is invalid, the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Purchase Order did not contain the provision held to be invalid. E. Time is of the Essence. Time is of the essence with regard to each and every obligation of the Contractor. Each such obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. Page 8 of 10 102 Purchase Order Terms & Conditions F. Background Check. The Agency may require the Contractor and its employees, agents, representatives and subcontractors to provide fingerprints and be subject to such background check as directed by the Agency. The cost of the background check(s) shall be borne by the Contractor. The Agency may require the Contractor to exclude the Contractor's employees, agents, representatives or subcontractors based on the background check results. G. E -Verify. In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S. Agency of Homeland Security's E -Verify system, https://e-veri .uscis. ov/emn, to verify the employment eligibility of all new employees hired during the term of the Purchase Order for the services specified in the Purchase Order. The Contractor shall also include a requirement in subcontracts that the subcontractor shall utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Purchase Order term. H. Commodities Logistics. The following provisions shall apply"to all Purchase Orders unless otherwise indicated in the contract documents: 1) All purchases are F.O.B. destination, transportation charges prepaid. 2) Each shipment must be shipped to the address indicated on the face of the Purchase Order and j marked to the attention of the individual identified, if any. Each shipment must be labeled plainly with the Purchase Order number and must show the gross, tare, and net weight. A complete packing list must accompany each shipment. This paragraph shall also apply to any third party who ships items on behalf of the Contractor. j 3) No extra charges shall be applied for boxing, crating, packing, or insurance. 4) The following delivery schedule shall apply: 8:00 AM — 4:00 PM, Monday through Friday, excluding legal holidays. 5) If delivery to the specified destination cannot be made on or before the specified date, notify the Agency immediately using the contact information provided in the MyFloridaMarketPlace system. 6) The Agency assumes no liability for merchandise shipped to other than the specified destination. 7) Items received in excess of quantities specified may, at Agency's option, be returned at the Contractor's expense. Substitutions are not permitted unless substitutions are permitted in Scope of Work. Page 9 of 10 i 103 Purchase Order Terms & Conditions I. MISCELLANEOUS. No firearms, alcohol or illegal substances are allowed on any Commission project site. Neither the Contractor nor any of its employees may possess firearms or alcohol while on the job site. The Contractor shall be responsible for the conduct of all Contractor personnel at all times while within the project area. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 10 of 10 104 TURNER ENDANGERED SPECIES FUND Nick Wiley, Executive Director Florida Fish and Wildlife Conservation Commission 620 South Meridian Street, MS 2A Tallahassee, Florida 32399-1600 Dear M iley: N As owner of the Avalon Plantation in Jefferson County, Florida, I relocation of gopher tortoises from permitted gopher tortoise inc' habitat for up to 3 gopher tortoises per acre at the Avalon Ann i acres of gopher tortoise habitat. Based on surveys of the exi Avalon Annex recipient site has sufficient space to receive 1 ge The Annex recipient site is located at 30025'06:67"N, i ID #s: 02 -1S -3E-0000-0030-0000, 0.1 -1S -3E-0000-001 0000-0020-0000). /1-1 Conserving biological diversity by ensuring the persistence of imperiled species and their habitats aszs on o sist in the humane iterly offering sufficient which includes 505 rise population, the tortoises. S,R3E,S1,2,11 & 12; Parcel 1000-0010-0000; 12 -1S -3E - The Annex recipient site supports one of the finest"e pis the once common longleaf pine forests, and is actively managed for recreation and nervation `frequent prescribed fire and open canopy forest practices. The long-term g i the Avalon Annex site is to provide recreation opportunities and quality habitat for wi li hkbitat on the Avalon Annex recipient site has soil types that provide suitable gopher to 'se h N t the dominant vegetation consisting of longleaf pine forests and native understory. These`tes . '1 a managed by staff from the Avalon Plantation staff and Turner Endangered Sp 'es Fund. er tortoises that are translocated to the Annex recipient site will be held in so -cele e e o es (Beltech fencing material) for 6 to 12 months, and the fence integrity will be r I o or throughout the enclosure period. Please direct all future.K6rreSRJn#nce regarding my support of gopher tortoise recovery efforts to Mike Phillips, Exec 'rect Turner Endangered Species Fund (mike.phillips@retranches.com). 1123 RESEARCH DRIVE - BOZEMAN, MT 59718 - 406.556.8500 - TurnerEndangeredSpeciesFund.org 105 10 tom" ,2, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator DEPARTMENT HEAD CONCURRENCE Stan Boling, P; Community Development Director THROUGH: Sasan Rohani, AICP; Chief, Long Range Planning FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long -Range Planning;, DATE: November 3, 2016 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of November 22, 2016. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: December 6, 2016 County Initiated Request to Amend the 5 Year Capital Improvements Program and Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan. [Legislative] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. APPROVED AGENDA ITEM: FOR: `-fl&V,1�v- W,,jd l P BY: FACommunity Development\Users\LONG RANGETNEM84.doe Indian River Co. AppW yed Date Admin. 11 /7 Jr Legal W I - 0_46 W Budget //-16 Dept. /I'S It s 1G Risk Mgr. 106 DEPARTMENTAL MATTERS Indian River County. Inter -Office Memorandum Office of Management and Budget Jaso E. rown Cou ty dministrator FOR: November 22 2016 Indian River County Ap ed Date Administrator Coun Attorney VA ft Budget Department Risk Management 107 i AL .f iL c d CL to LL m a >" tD i 4 W }moi N W L Ln (7 m o e = N N Cr LL O 108 C O C y N w I v u c c G) m i Y E � 'O n 'v N O « 0 E v Ln E �' ,mp e v u0 r- Md v t' v 7 m Ch v u c tm m a p u v0 @J v m Y a v eu a a c m u m m N H n a N N m N eu m m N C O aci O C Z m a 4)w m£ N m N N dl c L 7 O ~ m m m Q c O a Q GY) C .a C 4) C fo C N E > v > v o° N mto a v 0 '_ L Eea0 V M a O L c U v_ 'j a N O m~ 3a to N lD rn 9 C O = •@ 00 a vi C eO 00 C Oo 4) C 0 c Z C a Om0 a d N H N E .0 L V v 3 Q 7 41 c to °° v N L u N pZf m m 'O `C m a) c mm aN. O L N O> pp w O F N N w N m y > C N E v O E p O N p U L N O m '-u' N V _3 p �•- v G) E G) °6 eu a) x c m N C v v c a N H n J n} I J et d (J O 04 .N (� v ! 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J `" a G al C v m N u Q t LL 0 ZA f bo C K C t H 113 FY 2015/2016 BUDGET RECONCILIATION October 1, 2015 to September 30, 2016 Budget Approved Bud et as of October 1, 2015 $ 279,999,908 Fund Item Description Budget Amendment Grants Received 001 Sheriff/DOJ/SCAAP Grant 45,022 4 001 EMS/Cert and EMPG Grants 114,879 g 001 DOT Public Trans Block Grant 446,117 g 001 Section 5311 Grant 65,304 g 001 Section 5307 Grant 2,357,253 28 001 Hazardous Materials Grant 3,388 24 601 EMPA Base Grant 10,000 19 108 HUD/Verterans Affairs Supportive Housing Grant 46,246 g 108 Section 8 Housing Grants 270,200 24,25 114 EMS/County Awards Grant 29,309 g 121 Justice Assistance Grant (JAG) 1 st & 2nd qtr FY 15-16 10,842 18,26 124 Transit Hub Grant 300,000 25 124 FDOT Safe Routes Grant 8,236 12 129 NSP Grant 2,000 2g 130 NSP3 Grant 5,000 24 133 FIND Small Derelict Vessel Removal Grant 9,750 9, 11 136 HUD Grants Received 842,312 24 315 Hunter Education Classroom Grant 144,000 12 315 CDBG/East Gifford Drainage Grant 30,000 13 315 FDEP/45th Street Oyster Project Grant 50,000 14 315 FDOT LAP Grant/VLE Sidewalks -grant reduced -67,585 14 4,722,273 Projects Carried Forward from FY 2014115 001 Library Carpeting 62,184 2 001 Parks/Other Machinery & Equip 53,778 2 001 Facilities Mgmt/Maintenance-AC 3,774 2 001 Facilities Mgmt/Other Improvements Except Bldgs 86,162 2 001 Animal Control/Automotive 24,930 2 001 Sheriff/Corrections 15,480 3 001 Senior Resource Associaiton 2,296,493 11 001 County Attorney/All Aboard Florida 106,529 11 001 Agencies/Economic Devlepment Positiong Initiative 20,500 11 001 EMS/Various Grants 15,877 11 001 Parks/Other Operating Supplies 5,000 11 001 Facilities Management/Legal Services -Admin Svcs 11,267 11 004 County Attorney/Legal Services- FMPA 22,789 11 004 Road & Bridge/Other Contractual Services 49,221 11 102 Traffic Impact Fees/Road Projects 2,283,717 11 103 Impact Fees/Parks/SC Intergenerational Facility 1,488,339 2 103 Impact Fees/Law Enforcement 589,177 3, 11 103 Impact Fees/Corrections 90,935 3 103 Impact Fees/Emergency Services 47,891 11 103 Impact Fees/Parks 125,000 11 103 Impact Fees/Sporting Clays Course 366,723 11 103 Impact Fees/Public Buildings/Land 400,000 11 108 Section 8 Housing/TBRA Grant 111,760 11 109 Secondary Roads/Road Projects 6,202,432 11 111 Road & Bridge/Other Machinery & Equip 3,186 2 111 Traffic Engineering/Traffic Signals 30,000 11 111 Engineering/Automotive 26,135 2 111 Traffic Engineering/State Highway Signal Improvements 76,613 2 114 Fire Rescue/Maint-Bldgs 1,085 2 114 Fire Rescue/Maint-Heavy Equipment 30,597 2 F:\Budget\Quarterly Budget Reports\Budget Amendment History 114 Fund 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 117 123 124 127 133 136 140 140 145 171 181 185 315 315 315 315 315 315 315 315 315 315 315 315 315 315 315 315 315 315 315 315 471 471 471 471 Item Description Fire Rescue/Operating Supplies/Modular Buildings Fire Rescue//Modular Buildings Fire Rescue/Automotive Fire Rescue/Other Machinery & Equip Fire Rescue/EMS County Awards Fire Rescue/FS# 7 Rennovations Fire Rescue/FS# 13 Fire Rescue/Other Operaring Supplies Fire Rescue/Uniforms & Clothing Fire Rescue/Machinery & Equipment Fire Rescue/EDP Equipment. Fire Rescue/Communications Equipment -All Fire Rescue/Automotive Fire Rescue/Other Improvements Except Bldgs Fire Rescue/Station # 1 Rennovations Parks/Landscape Materials SHIP Program/Purchase Assistance Loan Planning/Transit Hub Project Parks/Other Contractual Services Pasrks/Other Contractual Services Rental Assistance/HUD Grants Facilities Mgmt/Maint-Other Equipment Facilities Mgmt/New Courtroom Other Improvements Except Buildings Drainage System 45th Street Beautification Raod & Bridge/Millings Parks/Gifford Parks Improvements Parks/Sporting Clays Course Road Projects Main Library/Air Conditioning Fire Rescue/Automotive Fire Rescue/P25 compliance Parks/Other Impr. Except Buildings Parks/SC Intergenerational Facility Sheriff/Law Enforcement Sheriff/Corrections Facilities Maint/Displaced & New Courtroom Facilities Maint/New Adm in Roof East Gifford Drainage Land for future public bldgs Facilities Maint/New HVAC controls Senior Resource Association/Bus Shelters Parks/Conservation Areas Facilities Maint/Other Bldgs Budget Transfer -Clerk of Court Supervisor of Elections/Other Machinery & Equip Wastewater Treatment/R&R General & Engineering/Misc Sewer R&R General & Engineering/Roseland Road Pump Wastewater Collection/R&R Donations/Contributions 001 Donations/Library 001 Donations/Bougainvillea Garden Circle for bench at courthouse 001 Donations/Health Dept /MLK Park 001 LC Construction/Reimburse bus shelter 004 FP&L/Human Services 004 RecreationNero Codgers 109 Developer Contributions/45th street millings 128 Beach Restoration/Contributions-Donations 134 Donations/Library 55,063 54,395 1,485,469 61,824 15,131 499,800 47,094 18,537 22,990 151,855 3,991 15,073 199,554 5,000 1,500,000 100,000 322,358 1,174,915 50,000 490,771 42,009 7,494 213,634 25,000 19,000 50,000 472,252 20,000 2,000,000 8,327,338 5,580 1,211,102 1,000, 000 337,889 9,021,646 1,326,642 241,456 4,000,000 4,000,000 176,728 800,000 410,908 5,141 150,000 2,000,000 31,870 466,667 16,410 7,697 19,688 12,988 57,340,533 49,356 1,495 5,500 6,509 500 2,780 20,000 5,469 10,741 102,350 Budget Amendment 2,11 11 2 2 11 11 11 11 11 11 11 11 11 11 11 11 11- 11 11 11 11 2 11 11 11 11 11 11 11 11 2 2 11 2,11 2,11 3, 11, 13 3 11 11 11 11 11 11 11 11 11 11 2 2 2 2 4,14,17,19,24 9 9 13 12 13 12 24 4 F:\Budget\Quarterly Budget Reports\Budget Amendment History 115 Fund Item Description Budget Amendment Unbudgeted Items 001 Sheriff/Law Enforcement/SRO & 2nd SRO 61,242 4,9 001 Sheriff/Mental Health Court 202,410 7 001 Facilities Maint/Other Contractual Services 32,500 14 001 Facilities Maint/Emergency A/C Repairs 105,088 24 001 Local Jobs Grant/TrueAero LLC 8,334 28 001 Overtime/payouts 165,177 14,24 001 SRA/Grant match 117,207 14 001 SRA/Meals on Wheels/Vehicle 20,758 21 001 The Source/Sewer Impact Fees 7,977 21 001 Parks/Shade Structures 16,000 21 001 North County Library -Replacement condensing unit 15,930 16 001 Roseland Community Center Repairs 15,000 16 001 Human Resources staffing 23,423 17 001 Facilities Maint/Capital Purchases 25,522 19 001 Local Jobs Grants -FL Orgaqnic Aquaculture, Boston Barricade 91,668 19 001 County Administrator Retirement Party 5,800 20 001 Advanced funding for OPEB 3,101,919 24 001 Human Resources -Legal Services 20,000 20 001 Mailroom/Switchboard-Telephone 14,000 28 001 Emergency Management/Emergency Preparedness App 3,000 24 001 Sex Offender Registration Fees 16,000 28 004 Advanced funding for OPEB 261,146 24 004 Shooting Range/Start-up Costs 95,603 22 103 Advanced funding for OPEB 6,369 24 103 Main Library/Fund CIE 993,723 14 108 Advanced funding for OPEB 25,476 24 109 Secondary Roads/Fellsmere Road Stabilization 210,925 24 109 Secondary Roads/Winter Beach Highlands Petition Paving 57,170 24 109 Secondary Roads/Transit Hub 297,074 25 109 Advanced funding for OPEB 19,108 24 111 Advanced funding for OPEB 796,176 24 111 Road & Bridget/Traffic Engineering/Capital Purchases 107,869 19 111 Stormwater/Aquatic Plant Pilot Study 152,000 24 112 Law Enforcement Trust Fund/Ballistic helmets/K-9 dog 65,500 14, 19 114 Advanced funding for OPEB 630,573 24 114 Fire Rescue/Station 15 Startup Costs 1,111,178 21 114 Fire Rescue/Equip new vehicles with radios 292,000 9 119 Dodgertown/Maint-Other Equipment 5,000 12 120 Advanced funding for OPEB 12,739 24 120 Purchase 5 E911 Call Taking Voice Recorders 65,006 20 123 Advanced funding for OPEB 6,369 24 124 MPO/Transit Hub Project 297,074 25 124 Advanced funding for OPEB 25,476 24 126 Law Enforcement Trust Fund/Confiscated Properties 156,025 1, 8, 15, 25 127 Native Uplands/Purchase Scrub Jay Property 112,000 17 128 Advanced funding for OPEB 12,739 24 133 FIND Small Derelict Vessel Removal Grant -match 3,250 9,11 137 Traffic Education/IR School District 21,650 5 140 Court Facility Maint/Maint-Other Equip 2,268 14, 19 140 Court Facility -Additional data network wiring 20,000 17 182 Laurelwood/Streetlighting District 100 29 315 Stormwater/Aquatic Plant Pilot Study -152,000 24 315 Fire Rescue/Station 15 Startup Costs 1,037,400 21 315 Park/MLK Park 160,000 4 315 Parks/Hunter Education Classroom -match 316,000 12 315 Facililties Maint/HVAC controls 266,745 12 315 Facilities Maint/Courthouse Chiller Replacement 438,986 24 315 Transfer Out/West Wabasso Sewer Project II 196,472 13 315 Public Works/Fund CIE 150,000 14 315 Public Works/Osprey Acres 4,787,123 25 315 Sheriffs Office -Spatial Needs Assesment 150,000 16 315 North County Library -Air Conditioner Replacement 118,513 19 315 Consultants for Osprey Marsh 150,000 19 411 Advanced funding for OPEB 63,694 24 F:\Budget\Quarterly Budget Reports\Budget Amendment History 116 Fund Item Description Budget Amendment 418 Advanced funding for OPEB 19,108 24 418 Golf Course Repairs 26,500 20 441 Advanced funding for OPEB 140,127 24 441 Building Department/Other Contractual Services 400,000 21 441 Building Department/Other Professional Services 340,000 12, 25 441 Building Department/Part-time employee 39,398 14 471 Unemployment Compensation 1,375 25 471 Advanced funding for OPEB 751,592 24 501 Advanced funding for OPEB 38,217 24 502 Advanced funding for OPEB 12,739 24 502 Risk/Budget Director 16,042 14 504 Advanced funding for OPEB 12,006,369 24 505 Advanced funding for OPEB 70,064 24 505 Information Technology/Depreciation 60,000 24 505 Computers Services/IT Security Assessment 49,900 9 505 Compeur Services/Budget Transfer -Clerk of Court 11,050 11 31,595,955 Total - All Amendments 93,761,111 373,761,019 Total Budget as of September 30, 2016 F:\Budget\Quarterly Budget Reports\Budget Amendment History 117 Attorney's Matters - B.C.C. 11.22.16 Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan y n Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 14, 2016 SUBJECT: Tourist Development Council Vacancy Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the vacant position of a representative "who is involved in the tourist industry and is interested in tourist development" on the Tourist Development Council, which term expires in January 2017. The vacancy has been advertised on the County's website. The following are the names of the qualified applicants for this position, whose resumds and/or applications are available for review in the Commissioners' Front Office area: Amanda S. Smalley John M. Kim RECOMMENDATION. The County Attorney recommends that the Board review the applicants' rdsumds/applications, and determine whether to appoint one of the applicants to fill the unexpired term for the representative "who is involved in the tourist industry and is interested in tourist development" to the Tourist Development Council. APPROVED FOR NOVEMBER 22, 2016 B. C C MEETING ATTORNEY'S MATTERS — --- COUNTY ATTORNEY F:IAttorneylChristinalCOMM1TTEEMGenera! MaaersiBCCAgenda Memosll61019 Committee Vacancy Appointment (TDQ.docx 118 Indian River Co. ApDravSo Date Admin. ll Co. Atty. (lq Budget Dept. F:IAttorneylChristinalCOMM1TTEEMGenera! MaaersiBCCAgenda Memosll61019 Committee Vacancy Appointment (TDQ.docx 118 FROM (WED)SEP 28 2018 10:38/5T.10:37ZHo.8300400788 P 2 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: .S II Date: &WkAer 2 ablt. Full NamelAn=dix 5a A 0VZ15 SOU) kq Email Address: 'Ua110 0-4y" work ; 0.�an��. @ Skylldveseb. c-om Street Address (No P.O. Boxes): 3-2263 Home Phone: )VIA —] Work Phone: m.-bu-sCell Phone: (010 - X70-51 (o How long have you been a resident of Indian River County? 200 &.2o to OVA 4;, Are you a full or part time resident? Check one: Full Time1XPart TimeQ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. skydive, sebm-fan I . Ljoo Alrpoc-i' "tiYivc VkSf �busfi a.n, Vic. 3ags-g Please list any licenses you presently hold: Please list any organization of which you are currently a member: t1wk& %*qts Par Sou VS Please list any other committees or boards you currently sit on- NOrpt Scbas+i&h Chamber of GYAMCrCt 7bW#5v-n m45S . continued orr next page '119 FROM <WED)SEP 28 2018 10:38/ST.10:37/No.8300486788 P 13 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD ❑ COMMUNITY DEVELOPMENT BLOCK GRANT 71 CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE E] MPO CITIZEN ADVISORY COMMITTEE NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK FORCE ❑ PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ Please`print and returnthe"completed'application along W ith a°currerrt resume; to the Board of County Commission office, 180127th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 120 r� FROM (WEWSEP 28 2016 10:38IST. 10:37/No.8300486788 P' 4 J Amanda Owens Smalley 8425 92nd Avenue, Vero Beach, FL 32967 610470.5106 (C) — dive2625@Mahoo com Professional Summary Business Manager and Teacher with more than fifteen years of experience with a focus on customer relations, business development, financial planning, sales, event planning and marketing worldwide; leading to improvement strategies resulting in business success and efficiency. Core Qualifications Organized Data Collection, Analysis, and Event Planning Reporting Strong leadership skills Process implementation Ability to successfully multitask Project coordination experience ' Experience working in a team atmosphere Conflict resolution Experience Skydive Sebastian, Sebastian, FL August 2006 - November 2010; June 2014 to present Business and Marketing Manager • Improve daily operations and efficiency • Accounting and Budgeting . • Establish guidelines, expectations, and operational manuals • Worked with a team to improve the student program and create classroom training aides • Conduct weekly staff meetings to strategize business improvements, conflict resolution, and disseminate information • Event organizer for 200 to 500 participants • Create and manage project timelines • Experience exploring new marketing strategies to adjust to changing markets worldwide, which increases sales • Design advertisements utilizing Photoshop • Write newsletters and article reviews of events for publication in Parachutist magazine • Led presentations in meetings with the FAA • US Naval Academy Parachute Team Supporter and volunteer wind tunnel coach • Establish a skydiving partnership with the US armed forces and the Royal Marines • Recipient of 2016 Sebastian River Area Chamber of Commerce Tourism Award • Presentations through CBS Road Tripping and BUZZ TV Moore County Schools, West Pine Middle School, West Pine, NC August 2012 — June 2014 Sixth Grade Language Arts Teacher • Kagan Cooperative Learning Training •Coached Cross Country Team for sixth through eight grade students • Created lessons applying research techniques for presentations; debates; and interacting with text to enhance comprehension • Taught time management and organization strategies The Academy of Moore County, Aberdeen, NC August 2011 —August 2012 Second through Fifth Grade Language Arts and Social Studies Teacher • Collaborated and co -taught with the special education teacher • Studied, attended training, and applied Stephen Covey's "The Seven Habits" • Practical applications of the writing process through writing and mailing letters to snack companies • Incorporated data folders to encourage student improvement and self motivation • Student involved learning through group research and presentations 121 Y'' FROM (WED)SEP 28 2018 10:39/ST.10:37ZHo.8300466788 P S Long Island Skydiving Center, East Moriches, NY November 2010 — October 2011 Marketing Consultant and Event Organizer Planned skydiving events at exclusive destinations by gaining airport, city, county, and FAA approval • Wrote business plans, business proposals, and business letters to open new skydiving operations • Increased business by establishing adventure packages and marketing partnerships with local businesses Cecil County Public Schools, Leeds Elementary, Elkton, MD February 2002 to August 2006 First Grade Teacher ' Guided and monitored students maintaining binders reflecting individual and class learning ' goals, tracking their progress, analyzing their data, and creating new goals Implemented classroom management strategies and expectations Planned and co -taught mathematics with a special education teacher in an inclusion classroom, which resulted in an increased percentage of students demonstrating mastery of skills Communicated assessment results to parents through newsletters and conferences Facilitated county meetings on the Baldrige Education Model for Performance Excellence, Baldrige Approach to Learning Free Fall Adventures/Skydive Cross Keys, Williamstown, NJ 2002 — 2004 (Summer Months) ' Customer Relations Manifest of three aircraft simultaneously Coordination of Tandem Student Manifesting, Team Manifesting, AFF Manifesting, and Experienced Jumper Manifesting Skydive Delmarva, Laurel, DE Tandem and Accelerated Free Fall Scheduling Customer Relations Souvenir Inventory and Sales ' Daily Operations Payroll and Weekly Accounting Enter and File Data Floral Enchantment, West Grove, PA Family Owned Business • Worked with a team of ten individuals • Designer of Arrangements, Plant Baskets, and Gourmet Baskets • Trainer ■ Payroll ■ Customer Relations ■ Inventory Management Education Millersville University, Millersville, PA Bachelor of Science in Elementary Education, Major GPA: 3.43 1999 — 2001 (Summer Months) 1988 — January 2002 122 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: loll i Dater Full Name: tYn Email Address: Street. Address (No P.O. Boxes): I I �' { c e. V 1, �.� �, , . j�( Z q. (; p Home Phone: Work Phone: Cell Phone: 7 2 - S2= 7o,) - How ,)-How long have you been a resident of Indian River County?�r,; �7 l Are you a full or part time resident? Check one: Full TimeRfPart Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. L.k,� �a Q L L Please list any licenses you presently hold: Please list any organization of which you are currently a member: (� I i �.c; i✓ 2 �.l 1 li'e C� Z (Z.L C wi M st / Ge �kc I�Sr2,�.i �lni VQ�- A Please list any other committees or boards you currently sit nn- uonunuea on next page t23 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 CRILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ❑ ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD a MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE Er NEIGHBORHOOD STABILIZATION PROGRAM - CITIZEN ADVISORY TASK FORCE PLANNING ,& ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL - COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY M riease print and return the completed application, along with a Curren#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. 124 John Michael Kim PO Boa 650733, Vero Beach, Irl 32960 772-559-6702 johnmkim20] I@gmaiI.com Education The Florida State University Double Major in History and Political Science; Minor: Communications. and Urban and Regional Planning June, 2011 to August 8`h, 2015 Professional Work Experience Treasure Coast Produce Exchange LLC Owner, since September 2015 Republican Party of Florida. Intern May 2014 to June 2014 Indian River County Community Development Department Intern July 20h, 2013 to August 23`d, 2013 Indian River County Clerk of the Circuit Court Clerical Assistant July 23`d, 2013 to August 23`d, 2013 Bill Posey for Congress (Florida US Congressional District 8) Field Director May 2012 to May 2014 Florida State House of Representatives, District 54, District Office- Debbie Mayfield Intern August. 2011 to August 2012 United States, Florida Congressional District 8, District Office- Congressman Posey Intern March 2011, December 2012 Young's Market Assistant Manager December 11 ", 2006 to September 2015 Community Service Experience Indian River :County Council PTA Secretary, since July 2016 Republican Club of Indian River Youth Director, since September 2015 125 Young Floridians for Opportunio, PAC Treasure Coast Region Chairman; since September 2015 Florida Federation of Young Republicans Constitutional and Bylaws Committee, Chairman February 2015 to 2016 Base Expansion Committee, Founder and Chairman October 2014 to 2016 Region 4, Chairman June 21 ", 2014 to 2016 Professional and Community Service Memberships/Affiliations (current and former) • City of Fellsmere Beautification/Fellsmere Day Committee • School District of Indian River County Career and Technical Steering Committee Indian River County Republican Executive Committee • North County Republican Club • Men's Republican Club • Indian River County Korean War Veterans Association • Taxpayers Association of Indian River County • Indian River County Chamber of Commerce o Young Professionals Network • Cultural Council of Indian River County • Rotaract Club of Indian River County • Rotary Club of Vero Beach Oceanside • Benevolent and Protective Order of Elks Lodge 1774 • Sunshine State PTA • Imagine Schools at South Vero PTA • Gifford Progressive Civic League Awards/Honors Indian. River Academy Keynote Speaker, lune 2016 • 5'h Grade Graduation Indian River County Citizens Advisory Support Group, Inc Keynote Speaker, June 2016 • GPS to Success Florida State University World Affairs Program .Regional Training Conference Honorable Mention, September 2011 • Represented the Russian Federation in.a Model United Nations Simulation Republican Women of Indian River County Leadership Award, May 2011 • Given to those -in honor of local political leadership and activities 126 ijyian icempia, t-ounty Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Attorney's Matters - ACC. 11-22-2016 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 14, 2016 SUBJECT: Indian River County Committees — Member Reappointments BACKGROUND. ATTORNEY 13 On September 13, 2011; the Board of County Commissioners adopted Resolution 2011-072, which appointed the County Attorney's Office to monitor member terms of certain committees. Specifically, the resolution requires that (1) on approximately October 15 of each year, the County Attorney's Office shall contact all board appointed committee members whose terms will expire in the following January, and determine whether those members want to be considered for reappointment, and (2) at the last Board meeting in November of each year, the County Attorney's Office shall present to the Board a list of all committee members requesting reappointment — at which time the Board will reappoint members from the list as it deems appropriate. Thereafter, on approximately December 1 st of each year, a list of committee vacancies will be created and posted on the County website, and the Board will make appointments to fill the vacancies no later than the following January 15th The County Attorney's Office has contacted committee members whose term will expire in January 2017. Attached to this memorandum is a list of those members who have requested reappointment. The Board should now review the list and make such reappointments as it deems appropriate. APPROVED FOR NOVEMBER 22, 2016 B. C C. MEETING — ATTORNEY'S MATTERS COUNTYATTORNEY F.-UlioineYlChrislinalCOMMITPFF.SiGeneral MallersWC Agenda Memos161109 Reappoinlntenls-mid Nov mig.douig Indian River Co. Approved Administrator �f 1 County Attorney Budget Department Risk Manager 127 Board'of Counl)l Commissioners November 14, 2016 Page Two It should be noted that in addition to those committee members not seeking reappointment, there are many existing vacancies. A list of the anticipated vacancies is attached for informational purposes. RECOMMENDATION. The County Attorney recommends that the Board consider the attached list of committee members requesting reappointment, and reappoint such members as the Board. deems appropriate. ATTACHMENT(S). I. List of Committee Members Requesting Reappointment 2. List of Anticipated Committee Vacancies (Informational Purposes Only) DTR:cm p: IAilorneylChrisiiil&COMAI]7'11,,'ESICeneral Mailers'HCC Agenda AlemoP]61 /1S Neappoimmews-mid Not, mig.dou 128 COMMITTEE REAPPOINTMENTS (Terms expire in January 2017) 1. AFFORDABLE HOUSING ADVISORY COMMITTEE 2 Year Terms — No Residency Requirement o Andy Bowler — Not -for -Profit provider of affordable housing o Maria Calderone — Individual actively serving on local planning agency o James McAlhany — Areas of labor in home building industry o David Myers, II — For-profit provider of affordable housing o Julianne Price — Advocate for Low Income Persons 2. AGRICULTURAL ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement o David Howard - Horticulture Industry o Stephen Popyach - Associated Industry o Sean Sexton — Cattle Industry 3. BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement — o David Barney - BCC Appointee — District 5/Solari o William "Tuck" Ferrell - BCC Appointee — District 1/Adams o Mark Tripson - BCC Appointee — District 4/0'Bryan 4. CHILDREN'S SERVICES ADVISORY COMMITTEE 4 Year (Staggered) Terms — County Residency Requirement o Paul Reeves - BCC Appointee —District 1/Adams o Paul Tanner - BCC Appointee — District 5/Solari o Caryn M. Toole— Member At Large o Hope Woodhouse - BCC Appointee — District 3/Zorc 5. CODE ENFORCEMENT BOARD 3 Year Terms — County Residency Requirement o Frank (Pete) Clements — General Contactor o Anthony (Tony) Gervasio — Member at Large o David Myers, II — Business Person F.•IAtiorneylCkristinalCOAlAfITTEESICeneralMatterslReapps& Vacancies 2016111.15.16 Reappointments Lim- mid Nov Mtg.doex 129 Committee Reappointments for 2017 Page Two 6. CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS 3 Year (Staggered) Terms — No Residency Requirement o Bryant Jenks - Engineer o William B. Schuh, Jr. — General Public 7. ECONOMIC DEVELOPMENT COUNCIL 4 Year Terms — County Residency Requirement, except for Workforce Solution and IRSC o Penny Chandler — IRC Chamber o Todd Howder — Member at Large o Joe Idlette, III — Gifford Community Representative o Keith Kite — Tourist Industry/Development Representative o William J. Penney — Banking Industry Representative o Peter Robinson — Developers Representative o Richard Stetson — Workforce Development Board of the Treasure Coast Representative o Karl L. Zimmerman — Member at Large 8. ENVIRONMENTAL CONTROL HEARING BOARD 4 Year (Staggered) Terms — County Residency Requirement and Registered Voter o Kevin Rollin - Attorney o Patrick Walther — Engineer 9. PLANNING & ZONING COMMISSION 4 Year Terms — County Residency Requirement o Todd Brognano — Member at Large o Kenneth A. "Chip" Landers — BCC Appointee/District 3 10. PUBLIC SAFETY COORDINATING COUNCIL 4 Year Terms — No Residency Requirement *NO REAPPOINTMENTS* 11. TOURIST DEVELOPMENT COUNCIL 4 Year Terms — Electors of County o William Collins - Owner/operator of motel, hotel, RV park or other tourist accommodation representative o Steven Hayes - Representative interested in tourist industry/development F:IAttorne),IChristinalCOMM1TTEE.S1Genera[hfatterslReapps& Vacancies 2016111.15.16 Reappointments Lists- mid Nov Mtg.docX 130 INFORMATIONAL ONLY COMMITTEE VACANCIES — BOARD OF COUNTY COMMISSIONERS (Terms expire in January 2017, unless noted as existing vacancy) • AFFORDABLE HOUSING ADVISORY COMMITTEE — 2 year term, unless otherwise noted o Citizen actively engaged in residential home building industry in connection with affordable housing - (existing vacancy) o Citizen who represents employers within the jurisdiction - (existing vacancy) • AGRICULTURAL ADVISORY COMMITTEE - 2 year term, unless otherwise noted o Citrus Industry (existing vacancy). • CODE ENFORCEMENT BOARD — 3 year term, unless otherwise noted o Architect - (existing vacancy) • CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS — 3 year term, unless otherwise noted o Representative from the general public o Fire Safety Inspector (fka Plumbing Contractor) (existing vacancy) • PLANNING & ZONING COMMISSION — 4 year term, unless otherwise noted o Adams/District I o Solari/ District 5 • PUBLIC SAFETY COORDINATING COUNCIL — 4 year term, unless otherwise noted o Representative from county/state jobs program or other community groups who work with offenders and victims (existing vacancy) 131 Dylan Reingold., County Attorney William K: DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Office of INDIAN MEMORANDUM Attorney's Matters 11122116 RIVER COUNTY ATTORNEY TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P. E., Public Works Director o-1 FROM: William K. DeBraal, Deputy County Attorney �,;�O— DATE: November 16, 2016 SUBJECT: Termination of the License Agreement for Jones Pier The Jones Pier property is a 16.5 acre tract of land adjacent to the Indian River Lagoon off of Jungle Trail. The property is improved with a single family home, out buildings and docks along the Lagoon. The County purchased the property in 2008 from the Jones family and as part of the purchase agreement, Mr. and Mrs. Jones remained living on the property for the remainder of their lives. Both Mr. and Mrs. Jones passed away several years ago. In January 2012, the County entered into a License Agreement with Sergeant Brad Fojtik of the Indian River County Sheriffs Department for Sgt. Fojtik and his wife to reside in the home in exchange for providing law enforcement presence, mowing the lawn and maintaining the property. In 2014, the License Agreement was extended until January 2017. The Agreement also called for the Fojtiks to pay for utilities. . Sadly, the home and cottage on the Jones Pier property was flooded by storm surge during Hurricane Matthew. After inspecting the buildings, the Public Works Director determined the house was not fit for habitation and major repairs were necessary including removal of water damaged dry wall, cabinetry and flooring. In order to avoid the same flooding damage in the event of another storm surge in the future, the house should be raised significantly from its current elevation. The work will take an extended period of time. .l✓.0 , 1'1`11 � ING REGULAR AGEND i�fllY ATTQRNEY pro tdDate -1. 132 Termination of the License Agreement November 16, 2016 Page 2 ; The Fojtik's have secured other living arrangements and have asked to be released from ' the Agreement until such time as repairs, can be completed to the Jones Pier property. As , they have enjoyed living and working on the Jones Pier property for the last four years, ; they would like to resume the License Agreement following repair of the buildings and approval by the Board. The County Atto'rney's office has drafted the attached Termination of License Agreement in order to relieve the Fojtiks and the County from their mutual obligations under the Agreement. Funding. There is no direct funding impacted by this Termination of License Agreement. Recommendation. Staff recommends that the Board authorize the Chairman to sign the attached Termination of License Agreement between Indian River County and Sgt. Fojtik. Copies to: Sgt. Brad Fojtik Richard B. Szpyrka, P.E. 133 TERMINATION OF LICENSE AGREEMENT THIS TERMINATION of License Agreement is enter into this day of November, 2016 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32060, hereinafter referred to as "Licensor" and Brad Fojtik, a resident of Indian River County, hereinafter referred to as "Licensee" and the parties agree as follows: WHEREAS, Indian River County purchased a 16.5 acre tract of property adjacent to the Indian River Lagoon known as the Jones Pier Parcel on September 19, 2008; and , WHEREAS, the property is improved with a single family house, out buildings and docks; and WHEREAS, Brad Fojtik and Indian River County entered into a License Agreement dated January 17, 2012 whereby Mr. Fojtik would perform certain obligations in exchange for residing in the house on the property. The Agreement was renewed and extended for an additional three year period, set to expire in January, 2017; and WHEREAS, in October. 2016, Hurricane Matthew impacted Indian River County and caused a storm surge that flooded the residence and cottage on the Jones Pier property rendering them uninhabitable due to damage to floors, dry wall and cabinets; and WHEREAS, the main residence will have to be raised significantly to avoid damage from future storms that may bring storm surges; and WHEREAS, the parties wish to terminate the License Agreement to relieve each party from the requirements of the Agreement. 134 NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, the parties agree as follows: 1. The above statements are true and correct and incorporated by reference herein. 2. That certain License Agreement dated January 17, 2012, set to expire on January 16, 2017, is hereby canceled upon the mutual consent of the parties. 3. At such time as the premises becomes habitable, the County may enter into a license agreement with Mr. Fojtik. IN WITNESS WHEREOF, the parties have executed this Termination of License Agreement as of the date first written above. By: Brad Fojtik Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to form and lega fficiency William K. DeBraal Deputy County Attorney Reviewed and Approved: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY By: Chairman BCC Approved: Approved: JasonBr n County d mistrator By: Florida Department of Environmental Protection Division of State Lands 135 Dylan Reingold, County Attorney William K. DeBraal, Deputy Count}, Attorney Kate Pingolt Cotner, Assistant County Attorney Oce of Attorney's Matters - 11/22/16 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY /31) TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney WJ�P_ DATE: November 16, 2016 SUBJECT: Request for Tenth Lease Amendment with St. Francis Manor St. Francis Manor of Vero Beach, Inc., a not -for profit corporation, has leased property from the County for over 40 years. The 99 -year lease began back in 1973 when St. Francis Manor (SFM) proposed to build a complex of apartments on County owned land that would be leased to low income senior citizens who are residents of Indian River County. The lease has been amended several times over the years. The 5.52 acre complex of apartments is located at 1750 20th Street and abuts the County owned 16th Street Ballfield property to the south. At its meeting of, May 10, 2016, the Board declared the 16th Street Ballfield property east of 20th Avenue, north of 16th Street and west of 17th Avenue, within the City of Vero Beach to be surplus property and expressed its desire to sell the property. The existing lease on the 16th Street Ballfield property expires at the end of this month. On June 4, 2013, the County Commission approved the Eighth Amendment to the lease and included a portion of the former jail site to be added to SFM's existing 99 -year lease with the County. While SFM would still like to use the site for future expansion the existing communication tower and guy wires that occupies the Old Jail Site creates challenges to the planned expansion. After the County declared the 16th Street Ballfields to be surplus, representatives from SFM approached the County about obtaining a portion of the surplus property for future expansion of SFM. Development of a part of the 16th Street Ballfield site benefit from existing ingress/egress from 20th Avenue and would be free of challenges presented by the communications tower. /'4 ROWD I•QR � 6-C.C. MELTING - REGULAR AGENDA COUNTY ATTORNEY: 42n Rare• Ca t a ! -- f t. ,t,';k Mgr 136 MEMORANDUM — St. Francis Manor November 16, 2016 Page 2 Engineers on behalf of SFM consulted with the County Surveyor and developed a sketch and legal description for part of the 16th Street Ballfields to be added to the SFM lease. The 0.61 acre parcel is included with the proposed 10th Amendment and Modification of 99 Year Lease attached to this memo. City Planning staff may require SFM to amend the City's Comprehensive Plan to change the future land use of the 16th Street Ballfield parcel to a residential land use category. A change in the City's zoning map would also be needed before any expansion plans would be approved. The Tenth Amendment to the lease provides SFM with the authority to make the required changes needed for their planned expansion. The Tenth Amendment and Modification of Ninety -Nine Year Lease is attached for the Board's consideration and approval. A resolution is attached setting forth the authority for the Chairman to sign any additional documents related to the Comprehensive Plan Amendment or the zoning change and that the county shall not incur fees or costs as a result of the changes. Funding: There is no expenditure of County funds associated with this matter. Recommendation: Staff recommends the Board of County Commissioners approve the Tenth Amendment and Modification to Ninety -Nine Year Lease with the accompanying resolution and authorize the Chairman to execute the two documents on behalf of the Board. Attachment: Tenth Amendment to Lease Resolution c: Louis Schacht George Glenn 137 TENTH AMENDMENT AND MODIFICATION OF NINETY-NINE YEAR LEASE THIS TENTH AMENTMENT AND MODIFICATION OF NINETY-NINE YEAR LEASE made and entered into on November , 2016, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners, whose'address is 180127 th Street, Vero Beach, Florida hereinafter referred to as Lessor, and ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit corporation hereinafter referred to as Lessee: WITNESSETH: WHEREAS, on the 8th of August, 1973, the Lessor did execute a Ninety -Nine Year Lease to the Lessee covering certain lands therein described, which Lease has been duly recorded in the public records of Indian River County, Florida in Official Record Book 516, at page 305; and WHEREAS, an Amendment and Modification was executed on February 6,1980; and a Second Amendment and Modification was executed on July 27, 1993; and a Third Amendment and Modification was executed on September 19, 1994; and a Fourth Amendment and Modification was executed on October 12, 1999; and a Fifth Amendment and Modification was executed on February 7, 2006; and a Sixth Amendment and Modification was executed on May 1, 2012, and a Seventh Amendment and Modification was executed on October 9, 2012, and an Eighth Amendment and Modification was executed on June 4, 2013, and a Ninth Amendment and Modification was executed on June 3, 2014; and WHEREAS, the Eighth Amendment added a portion of the Old County Jail Site to its Leased Premises and the Ninth Amendment added a portion of the area beneath the existing guyed communications tower, the guy wires, adjacent to the tower, and the access easement to the tower, so that it might be used for lawful purposes; and WHEREAS, because of the location of the tower and guy lines, the Old County Jail Site presents construction constraints with Lessee's expansion plans for new units; and WHEREAS, the County has recently declared the property commonly known as the 16th Street Ballfields to be surplus property and this property abuts the existing St. Francis Manor property to the south; and WHEREAS, the Lessee has approached the Lessor and inquired if a part of the 16th Street Ballfield property might be used for future expansion of St. Francis Manor; and WHEREAS, the Lessor and Lessee desire to execute a Tenth Amendment and Modification to the original Lease in order to add a 0.61 acre section of the 16th Street Ballfield property to the existing lease; and 138 NOW, THEREFORE, upon the good and valuable consideration set forth in said original Lease, the Lease is hereby Amended and Modified as followed: A. That the real property described in Exhibit "A" attached and incorporated by reference herein, shall be added to the lease and become part of the Leased Premises. The property described in Exhibit "A" shall be known as the 16th Street Ballfield parcel and shall be subject to the original 99 year lease and the amendments thereafter. B. INDIAN RIVER COUNTY hereby expressly provides its consent to ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC. to obtain all necessary development orders, including but not limited to, comprehensive land use changes, zoning changes, conditional use permits, building permits, site plan permits, etc., from all necessary jurisdictional entities for development of the 16th Street Ballfield parcel consistent with the terms of the original Lease. C. This Tenth Amendment and Modification is subject to all of the terms and conditions of the original Lease executed on August 8, 1973, and the nine previous amendments approved and ratified by the parties, except as amended by this agreement, so that the same shall constitute one Lease.. 2 139 i. IN WITNESS WHEREOF, the undersigned, have approved and executed this Tenth Amendment and Modification to Ninety -Nine Year Lease, to take effect on the 1st day of December; 2016. I BOARD OF COUNTY COMMISSIONERS f INDIAN RIVER COUNTY, FLORIDA E By Chairman 1 Date Approved by BCC Approved. Approved as to form and legal sufficiency: i � , Jason It. B wn William K. beBfCal Coun A inistrator Deputy County Attorney Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk I ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC. Anthony Dzielski, President Witness: Printed Name: Date STATE OF FLORIDA COUNTY OF INDIAN RIVER Witness: Printed Name: Date The foregoing was acknowledged before me this day of , 2016, by Anthony Dzielski, President of ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit corporation, on behalf of said corporation. 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(3131J ).31121 0(18 30 3NIl N 30 N01103SH31NI 1 I n a �00 !n � W N �0 a J O � z N m X , Wd z W � N> a LL Of D N cUil O LLJ r U Z Do } M Q 0- Q og O U Oa O V) ~ S N F-- = w H- N F - Z W F- Q a W O U z Qf w w _Z U z W r t - z D O U Of w z a 0 Z 0_ O W p w Q W w x a (V U- O r - Li V) F- D m F - 3:: w 1..L O U Z W N W = 0, 4 O r� �n U OfN OO U U V) ------- ��— ago Z N01103S 30 b/L 3S 3H1 30 3NIl 'M -1 ;1 Z = O cn U 3�: W (n � m m •C 0 < 0 N W N O zW o C, 4 Q I n n U z N N W O0 mN 143 RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO EXECUTE DOCUMENTS CONSISTENT WITH 'THE TENTH AMENDMENT AND MODIFICATION OF 99 YEAR LEASE WITH ST. FRANCIS MANOR AND REQUEST FOR A CITY OF VERO BEACH COMPREHENSIVE PLAN AMENDMENT AND REZONING FOR COUNTY OWNED PROPERTY BY ST. FRANCIS MANOR. WHEREAS, on the 8th of August, 1973, the County did execute a Ninety -Nine Year Lease covering certain lands therein described, which Lease has been duly recorded in the public records of Indian River County, Florida in Official Record Book 516, at page 305; and WHEREAS, the original 1973 lease has been amended several times over the years and the proposed Tenth Amendment adds a portion of the 16th Street Ballfields Site to its Leased Premises; and WHEREAS, St. Francis Manor (SFM) 'may need to apply to the City of Vero Beach for a comprehensive plan amendment and rezoning to change the land use designation and zoning of the property from governmental use to multi -family housing; and WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfare and is not needed for County purposes; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board finds that the Property is not needed for County purposes and that St. Francis Manor of Vero Beach, Florida, Inc. has made application as required by Florida Statutes section 125.38 for a lease of the Property; 2. The Board approves, and authorizes the Chairman to execute a Tenth Amendment and Modification to Ninety -Nine Year Lease between the Board and SFM, in the form set forth in the attached Exhibit "A" at the same term and rental rate, adding the additional property to the existing 99 -year lease; 3. The Lease Agreement is entered into pursuant to the authority of Florida Statutes sections 125.38 and 125.01. 4. The Board of County Commissioners of Indian River County hereby expressly provides its consent to St. Francis Manor of Vero Beach, Florida, Inc. to obtain all necessary development orders, including but not limited to, comprehensive land use changes, zoning changes, conditional use permits, building permits, site plan permits, etc., from all necessary jurisdictional entities for the leased properties and hereby authorizes the Chairman to execute such further documents necessary to accomplish 1 ' 144 RESOLUTION NO. 2016 - the SFM comprehensive plan amendment and zoning change. Any costs associated with the changes will be the responsibility of SFM and this resolution does not act as a conveyance of any property interests. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 22nd day of November, 2016. 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 Fil INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS , Chairman 145 TENTH AMENDMENT AND MODIFICATION OF NINETY-NINE YEAR LEASE THIS TENTH AMENTMENT AND MODIFICATION OF NINETY-NINE YEAR LEASE made and entered into on November_, 2016, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners, whose address is 180127 th Street, Vero Beach, Florida hereinafter referred to as Lessor, and ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit corporation hereinafter referred to as Lessee: WITNESSETH: WHEREAS, on the 8th of August, 1973, the Lessor did execute a Ninety -Nine Year Lease to the Lessee covering certain lands therein described, which Lease has been duly recorded in the public records of Indian River County, Florida in Official Record Book 516, at page 305; and WHEREAS, an Amendment and Modification was executed on February 6, 1980; and a Second Amendment and Modification was executed on July 27, 1993; and a Third Amendment and Modification was executed on September 19, 1994; and a Fourth Amendment and Modification was executed on October 12, 1999; and a Fifth Amendment and Modification was executed on February 7, 2006; and a Sixth Amendment and Modification was executed on May 1, 2012, and a Seventh Amendment and Modification was executed on October 9, 2012, and an Eighth Amendment and Modification was executed on June 4, 2013, and a Ninth Amendment and Modification was executed on June 3, 2014; and WHEREAS, the Eighth Amendment added a portion of the Old County Jail Site to its Leased Premises and the Ninth Amendment added a portion of the area beneath the existing guyed communications tower, the guy wires, adjacent to the tower, and the access easement to the tower, so that it might be used for lawful purposes; and WHEREAS, because of the location of the tower and guy lines, the Old County Jail Site presents construction constraints with Lessee's expansion plans for new units; and WHEREAS, the County has recently declared the property commonly known as the 16th Street Ballfields to be surplus property and this property abuts the existing St. Francis Manor property to the south; and WHEREAS, the Lessee has approached the Lessor and inquired if a part of the 16th Street Ballfield property might be used for future expansion of St. Francis Manor; and WHEREAS, the Lessor and Lessee desire to execute a Tenth Amendment and Modification to the original Lease in order to add a 0.61 acre section of the 161h Street Ballfield property to the existing lease; and EXHIBIT "A" 146 NOW, THEREFORE, upon the good and valuable consideration set forth. in said original Lease, the Lease is hereby Amended and Modified as followed: A. That the real property described in Exhibit "A" attached and incorporated by reference herein, shall be added to the lease and become part of the Leased Premises. The property described in Exhibit "A" shall be known as the 16th Street Ballfield parcel and shall be subject to the original 99 year lease and the amendments thereafter. B. INDIAN RIVER COUNTY hereby expressly provides its consent to ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC. to obtain all necessary development orders, including but not limited to, comprehensive land use changes, zoning changes, conditional use permits, building permits, site plan permits, etc., from all necessary jurisdictional entities for development of the 16th Street Ballfield parcel consistent with the terms of the original Lease. C. This Tenth Amendment and Modification is subject to all of the terms and conditions of the original Lease executed on August 8, 1973, and the nine previous amendments approved and ratified by the parties, except as amended by this agreement, so that the same shall constitute one Lease. 2 147 IN WITNESS WHEREOF, the undersigned have approved and executed this Tenth Amendment and Modification to Ninety -Nine Year Lease, to take effect on the 1St day of December, 2016. Approved: Jason E. Brown County Administrator Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA in , Chairman Date Approved by BCC Approved as to form and legal sufficiency: William K. beB al. Deputy County Attorney 3 148 ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC. Anthony Dzielski, President Witness: Printed Name: Date STATE OF FLORIDA COUNTY OF INDIAN RIVER Witness: Printed Name: Date The foregoing was acknowledged before me this day of , 2016, by Anthony Dzielski, President of ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC., a Florida non-profit corporation, on behalf of said corporation. NOTARY PUBIC: Signature of Notary Public - State of Florida Stamped Commissioned Name of Notary Public with Commission Expiration Date and Seal: Personally Known OR Produced Identification Type of Identification Produced 4 149 F- m x W wvAcAl:l Q-1171- '6m ws dm——c a -111 6a Ramo roue swue. s o n L, U N N Z U w 0(D < �MU wN W N� F- Z a Z N (V Z Z Z: Y . 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DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney County Attorney's Matters -B.C.C. 11.22.16 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney Ole --- DATE: November 16, 2016 ATTORNEY 131 SUBJECT: Fellsmere Water Control District Interlocal Agreement for Maintaining Unpaved Roads BACKGROUND On June 27, 2016, the Indian River County Board of County Commissioners (the "Board") conducted a workshop at the Fellsmere City Hall concerning the maintenance of unpaved roads within the Fellsmere Water Control District (the "FWCD"). At the workshop, the consensus of the Board was to direct Public Works to expand their grading schedule without the need of hiring additional personnel or purchasing an additional grader; to provide a preliminary list of six or ten additional miles of roads in the FWCD that could be added to the grading schedule, and to draft an amendment to the Interlocal Agreement between Indian River County and FWCD, which would provide that the Interlocal Agreement would sunset once the FWCD became an improvement district under Florida Statutes within the next five years. On July 12, 2016, the Board voted to direct the County Administrator to add additional unmaintained unpaved roadways to the current grader route within the FWCD. The Board also directed staff to prepare a budget amendment in the amount of $210,925 to fund additional stabilized material for such unpaved roadways. Finally, the Board directed the County Attorney's Office to prepare a revised Interlocal Agreement between Indian River County and the FWCD, which contained the following: Approved for November 22, 2016 BCC Meeting County Attorney's Matters COUNTY ATTORNEY F.,LlrtorrrcyUjdoiGENERALiB C CAS-dn dfemw,Fll—m ff,ter Cool Disr cl Agreemem.doc 152 Indian River Co. Approv d Date Admin. o1171 Co. Atty. j Budget �(-? Department Risk Management --- --- 152 Board of County Commissioners November 16, 2016 Page Tivo (a) Language concerning indemnity and hold harmless protections for Indian River County for all claims related to the drainage right-of-way for access; (b) Clarify definitions for roadway maintenance as maintenance of the FWCD access road for drainage canals/ditches; (c) Authorization for the direct discharge of untreated stormwater runoff from the unpaved roadways into the FWCD ditch system; (d) Clarification concerning the maintenance responsibilities for culverts and bridges within, the FWCD right-of-way; (e) Requirement that FWCD pursue State approval for the FWCD to become an improvement district, so that roadway maintenance will be the responsibility of FWCD to maintain; (f) Addition of the roadways selected for maintenance for a three to five-year period. The Board authorized County staff to begin maintenance of the roadways selected, once the Interlocal Agreement between Indian River County and the FWCD was complete. On August 1, 2016, the County Attorney's Office sent a draft of the Third Amendment to Fellsmere Water Control District - Indian River County Inter -Governmental Agreement (the "Third' Amendment") to the FWCD. A copy of the proposed Third Amendment is attached. On September 1, 2016, FWCD sent a revised Third Amendment to the County Attorney's Office. The revised Third Amendment included five significant changes: 1) extending the Interlocal Agreement from a three year term with two one year renewals to a five year initial term with two one year renewals; 2) eliminating the requirement that FWCD seek State approval to become an improvement district; 3) increasing the powers to be sought by FCWD from the State to include development of a) sanitary sewer collection and treatment systems and systems for the treatment and distribution of potable water, b) facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses, and c) facilities for conservation areas, mitigation areas, and wildlife habitat; 4) eliminating all indemnity and hold harmless language; and 5) requiring FWCD a culvert connection permit and a permit from either the St. Johns River Water Management District (the "SJRWMD") or the State Department of Environmental Protection (the "FDEP") for treated direct discharge of stormwater runoff into FWCD ditches from the grassed roadside swales parallel to the roads and rights-of-way. The revised Third Amendment is attached. There is currently inadequate drainage along the access roads proposed to be graded by Indian River County. The most cost effective solution to ensure that access roads are not submerged in water during the rainy season is to install small drainage pipes to allow a direct drainage connection to the FWCD canals from the access roads. The agreement as proposed by FWCD includes drainage/treatment swales and permitting of all drainage improvements through the SJRWMD or FDEP. It is anticipated that these requirements will require funding in excess of $1,000,000 to design and construct. Additional funding will be necessary to acquire right-of-way to construct the treatment systems, as most of the access roads slated to be maintained by Indian River County are not completely within the FWCD right-of-way and therefore right-of-way to provide treatment for the stormwater runoff does not exist at this time. F.l4ttom e.�•,LindalGF,k'DW IB CC'agendo AfemosiFellsmem 16aree Control District Agreement.do 153 Board of County Commissioners November 16, 2016 Page Three The County Attorney's Office believes that the proposed revised Third Amendment is inconsistent with the Board's direction. Since receiving the revised Third Amendment, the County Attorney's Office has had several communications with counsel for the FWCD. At this point, the County Attorney's Office seeks guidance from the Board on how it wishes to proceed. FUNDING Based upon the FWCD requirements, the cost of design and construction of stormwater treatment facilities is anticipated to exceed $1,000,000. Additional funding would also be necessary to acquire right- of-way for such treatment systems. This is in addition to the $210,925 already needed for additional material for the roadways. Funding for such improvements would come from Secondary Road Cash Forward, Account No. 109039-389040. RECOMMENDATION County staff is at an impasse with the FWCD staff and recommends that the Board provide guidance as to how to proceed in discussions with FWCD. ATTACHMENT(S). Proposed Third Amendment Revised Third Amendment F.-4lrromey'LindaIGENFRAL0 C Ct4genda A7emosTellsmere li'arei Conrrol Divrici Agreemenedoc 154 Third Amendment to Fellsmere Water Control District - Indian River County Inter - Governmental Agreement This third amendment ("Third Amendment") to the Inter -Governmental Agreement, dated September 10, 1975, (the "Interlocal Agreement") is entered into this _ day of , 2016, (the "Effective Date") between Indian River County a political subdivision of the State of Florida (the "County") and the Fellsmere Water Control District, a (the "District"). Whereas, on October 29, 1974, the District granted to the County an easement (the "Easement") so that the County would have the right to maintain specifically described rights-of- way within the District; and Whereas, in the Easement, the District reserved the fee simple title to those rights-of-way described in the Easement and the right to alter or construct canals, ditches, drains, bridges and other drainage facilities within such rights-of-way; and Whereas, on September 10, 1975, County and District entered into the Interlocal Agreement in which the parties agreed that the County would have the right to maintain certain roads within the District; and Whereas, such Interlocal Agreement; the District agreed to provide the County with the necessary marl need by the County in order to properly maintain the rights-of-way; and Whereas, in the Interlocal Agreement the parties acknowledged that the County was willing to continue providing maintenance service for the roads to the District contingent upon the availability of equipment and funding, and cooperation from the District; and Whereas, in the Interlocal Agreement, the parties agreed that either party could terminate the Interlocal Agreement at any time and for any reason; and Whereas, the Interlocal Agreement has been twice amended in 1997 and 2003, to include additional rights-of-way (the Interlocal Agreement and the two amendments and this Third Amendment shall collectively be referred to as the "Agreement"); and Whereas, the County desires to add additional roads to Grader Route No. 3; Whereas, the District has taken the position that it cannot under law maintain the rights-of- way and thus has sought and will continue to seek approval from the State of Florida to become an improvement district in order to maintain such rights-of-way; and Whereas, the District understands that the governor recently vetoed a bill authorizing the District to become an improvement district, because the bill contained requests for powers such as community development, transit, mosquito control, fire control, and emergency medical services; and Whereas, the District supports a request from the State of Florida to be an improvement with more limited powers; and ' 155 Whereas, the County desires to cooperate with the District by continuing to maintain certain roadways described in the Interlocal Agreement and the previous amendments and starting to maintain those roadways described in this Third Amendment, while the District transitions to becoming an improvement district under Florida law; NOW, THEREFORE, in consideration of the foregoing and the mutual benefits, undertakings and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Adoption of "Whereas" Clauses. The foregoing "Whereas" clauses are true and correct and are incorporated herein. Section 2. Term. The term of the Agreement shall be for three years, commencing on the Effective Date of this Third Amendment. The parties may agree to two additional one-year renewal terms of the Agreement, by agreeing in writing at least ninety (90) days prior to the expiration of the initial or renewal term. Section 3. In addition to the rights-of-way already described in the Agreement, the District agrees to grant an easement attached hereto as "Exhibit A" for those roadways described in Exhibit A and the District and the County agree that the roadways described in Exhibit A shall be added to the County's North County Grader Route No. 3. Section 4. The District authorizes the direct discharge of untreated stormwater runoff into District ditches from the roads and rights-of-way, maintained by the County within the District. Section 5. The District shall seek and the County shall take all reasonable efforts to support the District's efforts to obtain approval from the State of Florida to become an improvement district with the following enumerated powers: (a) To sue and be sued in its name in any court of law or in equity, to make contracts, to adopt and use a corporate seal, and to alter the same at pleasure. (b) To acquire by purchase, gift, or condemnation real and personal property, either or both, within or without the district, and to convey and dispose of such real and personal property, either or both, as may be necessary or convenient to carry out any of the purposes of this act and chapter 298, Florida Statutes. (c) To finance, fund, plan, establish, construct, equip, operate, and maintain canals, ditches, drains, levees, lakes, ponds, control structures, or similar devices for water control and diversion and other works for water management and control purposes. (d) To acquire, purchase, finance, fund, plan, establish, equip, operate, and maintain pumps, plants, and pumping systems for water management and control purposes. (e) To finance, fund, plan, establish, construct, equip, operate, and maintain irrigation works, machinery, and plants. (f) To finance, fund, plan, establish, construct, improve, pave, equip, operate, and maintain roadways and roads necessary and convenient for the exercise of any of the 156 powers or duties of said district or the supervisors thereof and to include parkways, bridges,. landscaping, irrigation, drainage, bicycle and jogging paths, street lighting, traffic signals, road striping, and all other customary elements of a modern road system as a component of such roadways and roads. Section 6. Although the County has the right to maintain the roads within the rights-of- way described in the Agreement, the District still the responsibility to alter, construct and maintain canals, ditches, drainage pipes, bridges and other drainage facilities within such rights-of-way. 'Section 7. Solely to the extent permitted by law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28, if the District is an agency of subdivision under Florida Statutes, Section 768.28, the District agrees to fully defend, indemnify, protect and hold harmless the County, its agents, officials and employees from any actions, claims or demands which anyone (individual or corporation) may hereafter bring or assert on account of any damages or claims of any type whatsoever which may arise from this Agreement including, but not limited to, claims for contribution, indemnification, subrogation or for pro rata share of responsibility pursuant to the Tort Reform and Insurance Act of 1986 and subsequent amendments including all attorneys' fees; interest, and costs of any kind (not limited to taxable costs) associated with said lawsuits or claims and expressly agrees to pay all costs and attorneys' fees incurred in defending said lawsuits or claims and any resulting awards or judgments in full arising out of said lawsuits or claims, including interest thereon. Section 8. 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. Section 9. Any notice required hereunder shall be in writing and shall be delivered by personal delivery, courier, express or overnight mail, or certified mail, return receipt requested, addressed to the appropriate party as follows: If to County: Public Works Director Indian River County 1801 27Th Street Vero Beach, Florida 32960 If to District: IN WITNESS THEREOF, the parties have set their hands and seals the date, entered below. 157 Third Amendment to Fellsmere Water Control District - Indian River County Inter - Governmental Agreement This third amendment ("Third Amendment') to the Inter -Governmental Agreement, dated September 10, 1975, (the "Interlocal Agreement") is entered into this —day of 2016, (the "Effective Date") between Indian River County a political subdivision of the State of Florida (the "County") and the Fellsmere Water Control District, a Water Control District formed in 1919 by the Circuit Court of St. Lucie (now Indian River) Countv and is currenth operated under Chapter 298 of Florida Statutes (the "District'). Whereas, on October 29, 1974, the District granted to the County an easement (the "Easement") so that the County would have the right to maintain specifically described rights-of- way within the District; and Whereas, in the Easement, the District reserved the fee simple title to those rights-of-way described in the Easement and the right to alter or construct canals, ditches, drains, bridges and other drainage facilities within such rights-of-way; and Whereas, on September 10, 1975, County and District entered into the Interlocal Agreement in which the parties agreed that the County would have the continuous right to maintain certain roads within the District subject to the same rights and conditions as the preceding aereement. and Whereas, in such Interlocal Agreement, the District agreed to provide the County with the necessary marl need of ley -the County in order to properly maintain the rights-of-way. and the parties hereby acknowledge that the source of marl there referenced has ceased to exist; and Whereas, in the Interlocal Agreement the parties acknowledged that the County was willing to continue providing maintenance service for the roads t® -within the District contingent upon the availability of equipment and funding, and cooperation from the District; and Whereas, in the Interlocal Agreement, the parties agreed that either party could terminate the Interlocal Agreement at any time and for any reason; and Whereas, the Interlocal Agreement has been twice amended in 1997 and 2003, to include additional rights-of-way (the Interlocal Agreement and the two amendments and this Third Amendment shall collectively be referred to as the "Agreement"); and Whereas, the County desires to add additional roads for maintenance to Grader Route No. 3: Whereas, the District has_been advised by Florida's Attorney General's opinion ��e position that it cannot under law maintain the rights-of-way and thus hets seu&-end—A-44 dist-ist in oi-der se fights ; and 158 Whereas, the District understands that in 2013 the governor reeefitl; vetoed a bill that would authorize a•�;eriziiie the District to become an ilmprovement dDistrict, as described in Florida Statutes, Chapter 189bec-ai ; , SU614 as deve-lopment, transit, mosquito eowi-6)1. Are and eme;:gency rfledieal services, and Whereas, the District again may seek to x a-request from the State of Florida to be an :limprovement District with more limited powers: and Whereas, the County desires to cooperate with the District by continuing to maintain certain roadways described in the Interlocal Agreement and the previous amendments thereof' and also sta�to maintain those additional roadways described in this Third Amendment, until A+lrile the District transitions to becomin-, an limprovement Ddistrict under Florida law: NOW, THEREFORE, in consideration of the foregoing and the mutual benefits, undertakings and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Adoption of "Whereas' Clauses. The foregoing "Whereas" clauses are true and correct and are incorporated herein. Section 2. Term. The term of the Agreement shall be for five three years, commencing on the Effective Date of this Third Amendment. The parties may agree to two additional one- year renewal terms of the Agreement, by agreeing in writing at least ninety (90) days prior to the expiration of the initial or renewal term. Section 3. In addition to the rights-of-way already described in the Agreement, the District agrees to grant an easement attached hereto as "Exhibit A" for those roadways described in Exhibit A and the District and the County agree that the roadways described in Exhibit A shall be added to the County's North County Grader Route No. 3. Section 4. The District will authorizes by the appropriate FWCD culvert connection permit. the direct discharge of ••ate stormwater runoff' into District ditches from the grassed roadside swales lving parallel to the roads and rights-of-way maintained by the County within the District, so lone as the St. Johns River Water Management District and the State Department of Environmental Protection may permit such discharges. These swales may lie on private property, over which District has no authority or control as may be the case due to limited right of wav width. Section 5. The District ma, shall seek, and the County shall take all reasonable efforts to support, the District's efforts to obtain approval from the State of Florida to become an improvement district with the following enumerated powers: (a) To sue and be sued in its name in any court of law or in equity, to make contracts, to adopt and use a corporate seal, and to alter the same at pleasure. (b) To acquire by purchase, gift, or condemnation real and personal property, either or both, within or without the district, and to convey and dispose of such real and 159 personal property.. either or both, as may be necessary or convenient to carry out any of the purposes of this act and chapter 298, Florida Statutes. (c) To finance, fund, plan, establish, construct, equip, operate, and maintain canals, ditches, drains, levees, lakes, ponds, control structures, or similar devices for water control and diversion and other works for water management and control purposes. (d) To acquire, purchase, finance, fund, plan, establish, equip, operate, and maintain pumps, plants, and pumping systems for water management and control purposes. (e) To finance, fund, plan, establish, construct, equip, operate, and maintain irrigation works, machinery, and plants. (f) To finance, fund, plan, establish, construct, improve, pave, equip, operate, and maintain roadways and roads necessary and convenient for the exercise of any of the powers or duties of said district or the supervisors thereof and to include parkways, bridges, landscaping, irrigation, drainage, bicycle and jogging paths, street lighting, traffic signals, road striping, and all other customary elements of a modern road system as a component of such roadways and roads. (g) Sanitary sewer collection and treatment systems systems for the treatment and distribution of potable water. and similar urban infrastructure and systems (h) To finance. fund plan establish acquire construct or reconstruct enlarge or extend, equip, operate, and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational. cultural and educational uses. (i) To levv non -ad valorem assessments: to prescribe fix establish and collect rates. fees, rentals. fares, or other charges: and to revise the same from time to time for the facilities and services furnished or to be furnished by the district and to recover the cost of making connections to anv district facility or system (i) To enter into agreements with any person firm or corporation for the furnishing by such person. firm. or corporation of any facilities and services of the t}_pe provided for in this agreement: (k) To enter into impact fee credit agreements with local general puTgse governments. In the event the district enters into an impact fee credit agreement with a local general purpose government where the district constructs or makes contributions for public facilities for which impact fee credits would be available the agreement may provide that such impact fee credits shall inure to the landowners within the district in proportion to their relative assessments (1) To finance, fund plan, establish acquire construct or reconstruct enlarge or extend. equip. operate. and maintain additional systems and facilities for conservation areas, mitigation areas, and wildlife habitat including the maintenance of any plant or animal species. and any related interest in real or personal propert. 160 (m) To borrow money and issue negotiable or other bonds of said district as hereinafter provided: to borroNN money. from time to time and issue negotiable or other notes of said district therefor. bearing interest at not exceeding the maximum interest allowable by law_ in anticipation of the collection of levies and assessments or revenues of said district: to pledge or hvpothecate such levies assessments and revenues to secure such bonds, notes or obligations: ,utd to sell- discount negotiate and dispose of the same Section 6. Although the County has the right to maintain the roads within the rights-of- way described in the Agreement, the District still has the responsibility to alter, construct and maintain canals, ditches, drainage pipes, bridges and other drainage facilities within such rights- of-way. Seetien 7. Solely the • Permitted by la�N,, and iii no event grea4er- than the li '. - agents,Florida Statutes, Section 768.28, the agrees to fully defend, indefnni6', protect and he! hapfnless the Geenty, its amendmems including, all attemeys' fees, and Costs of all), kind (not limited to 4wiabl eests) asseeia4ed with said NVVS114S OF elaim- and expressly agree pay all eests and attemeys' fees inetiffed in defeiidifig said laNY-Hils ef elaims and any fesulting awards or -judgments in full Section 87. 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. Section 98. Any notice required hereunder shall be in writing and shall be delivered by personal delivery, courier, express or overnight mail, or certified mail, return receipt requested, addressed to the appropriate party as follows: If to County: Public Works Director Indian River County 1801 27'h Street Vero Beach, Florida 32960 If to District: Fellsmere Water Control District Superintendent of Plant and Operations -------- I Formatted: Space After: 0 pt, Line spacing: single PO Box 438 Fellsmere FL 32948 161 IN WITNESS THEREOF, the parties have set their hands and seals the date entered below. ! 1 0 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: November 16, 2016 To: Jason E. Brown, County Administrator Thru: Vincent Burke, Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District• Subject: Final Eighth Amendment to Feedstock Supply Agreement BACKGROUND: On October 18, 2016, the Solid Waste Disposal District Board approved the draft Eighth Amendment to Feedstock Supply Agreement with INEOS New Planet BioEnergy and authorized the chairman to execute the Eighth Amendment upon final review and approval by the County Attorney. The approval was for INEOS to utilize the Indian River County landfill for processing of excessive hurricane generated vegetative debris received at their facility from residents of Indian River County through November 30, 2016. Subsequently, minor references were corrected to the draft agreement; however, INEOS has requested that the approval to use our facility be extended to December 31, 2016. Staff supports this request and has provided the final Eighth Amendment to Feedstock Supply Agreement for Board approval. FUNDING: Funding for yard waste processing is budgeted and is available in the Other Professional Services account in the SWDD Recycling fund. The account has a total budget of $896,000 for the 2016/2017 fiscal year. RECOMMENDATION: Staff recommends that the Board ratify and approve the attached Final Eighth Amendment and authorize the chairman to execute the Eighth Amendment. Attachment 1: Eighth Amendment to Feedstock Supply Agreement APPROVED FOR NOVEMBER 22, 2016 BCC MEETING SOLID WASTE iNSPQSAL DISTRICT Jason §f Brdwn, County A-aministrator SWDD Agenda - Final 8th Amendment to Feedstock Agreement Indian River Co. Approved Date Administration SWDD Director SWDD Finance Budget Legal Page 1 164 Attachment 1 EIGHTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT THIS EIGHTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Eighth Amendment") is entered into as of this day of November, 2016, by and between the Indian River County Solid Waste Disposal District ("District"), a dependant special district of Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"), a Delaware limited liability company. (Capitalized terms that are used but not defined in this Eighth Amendment shall have the meaning set forth in the Parties' Feedstock Supply Agreement, the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, and Seventh Amendment as described below). WITNESSETH: WHEREAS, on July 15, 2011, the Parties entered into the Feedstock Supply Agreement ("Feedstock Agreement"), which was subsequently amended by the First Amendment to Feedstock Supply Agreement, dated March 13, 2012 ("First Amendment"), by the Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4, dated April 25, 2012 ("Second Amendment"), by the Third Amendment to Feedstock Supply Agreement, dated November 13, 2012 ("Third Amendment"), by the Fourth Amendment to Feedstock Supply Agreement, dated March 19, 2013 ("Fourth Amendment"), by the Fifth Amendment to Feedstock Supply Agreement, dated May 21, 2013 ("Fifth Amendment"); by the Sixth Amendment to Feedstock Supply Agreement, dated August 20, 2013 ("Sixth Amendment"); and by the Seventh Amendment to Feedstock Supply Agreement, dated December 17, 2013 ("Seventh Amendment"); WHEREAS, in section 2 of the Seventh Amendment, the District extended the temporary license for INEOS to occupy and use the District's Vegetative Waste Management Area for storage of various stages of vegetative materials and wood chips for a period of time ending, at the latest, on March 31, 2014; WHEREAS, as a result of excessive vegetative debris generated from Hurricane Matthew, the Parties desire to allow the use of the District "Vegetative Waste Management Area" for the receipt and management of Vegetative Waste from October 10, 2016 until November 30, 2016 to allow the INEOS Facility Site to return to normal operations; and NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and INEOS agree as follows: 1. Recitals. The foregoing recitals are true and correct, and incorporated as if fully restated herein. . 2. Amendment of Section 2 of the Seventh Amendment. The following provision of section 2 of the Seventh Amendment: "The term of this license shall terminate on March 31, 2016, unless the license is terminated sooner as a result of a Party's failure to comply with the requirements herein or if the parties mutually agree to terminate before the end of the term." is f: maahulAlDn PRtlirnem k A'6At ro Xo81Fe&-*Ag—r- Fa18rhMee+uknaM,4. 165 hereby deleted in its entirety and replaced with the following language: "The term of this license shall commence on October 10, 2016 and terminate on December 31, 20.16, unless the license is terminated sooner as a result of a Party's failure to comply with the requirements herein or if the parties mutually agree to terminate before the end of the term. INEOS agrees to remove all chipped material from the District Vegetative Waste Management Area less any beneficial reuse material due to the District." 3. Other Provisions. Except as amended herein and in the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and Seventh Amendment all remaining provisions of the Feedstock Agreement shall remain in full force and effect. J IN WITNESS WHEREOF, this Eighth Amendment is executed by the authorized representativesof the Parties, as of the day and year first above written. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: - (-A- Af�,-- Jason ro , County Administrator Per Res ion 2016-127 and Proclamation Declaring Emergency, dated October 6, 2016 and Proclamation Declaring and Extending Emergency, dated October 13, 2016, October 20, 2016, October 27, 2016, November 3, 2016 and November 10, 2016 Signed, sealed and delivered in the presence of: Print name: Print name: INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("District") LIM Ratified by BCC: , 2016. Approved as to form and legal su#ficiiency- ylan Reingold, County Attorney INEOS NEW PLANET BIOENERGY, LLC ("Company") By: Print name: Print title: F:tHirnmAa1571'[)i)PRg1F.C1:S.Gm k 11'n01 To Far NTaMwc#Suppij•Agrraewnr:ImrnAnru+\�RV•'nAftodrAgmrl-FSno!8rt Anrtiefieert.doc 2 166