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10/20/2020 (3)
6iORW- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 20, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman Susan Adams Jason E. Brown, County Administrator Vice Chairman Joseph E. Flescher Dylan Reingold, County Attorney Commissioner Tim Zorc Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Peter D. O'Bryan Commissioner Bob Solari This meeting can be attended virtually via Zoom. Instructions can be found with this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Reverend Chris Kollmann, Lutheran Church of the Redeemer 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation. Honoring Bruce H. Colton, State Attorney of 19th Judicial Circuit Attachments: Proclamation 5.11. Presentation of FIREMEDIC OF THE YEAR Award by Tad Stone, Director of Emergency Services October 20, 2020 Page 1 of 6 5.C. Presentation of Proclamation for Lights On Afterschool Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Jeffrey Hoffman on His Retirement From Iridian River County Board of County Commissioners Department of Public Works Road and Bridge Division with Fifteen Years of Service Attachments: Proclamation 7.B.. 4th Quarter FY 2019/2020 Budget Report Attachments: Staff Report 4th Quarter Budget Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments October 2, 2020 to October 8, 2020 Attachments: Finance Department Staff Report 8.11. Right -of -Way Purchase - 58th Avenue/37th Street Intersection, 3775 58th Avenue, . Vero Beach, FL 32966, Owners: Manzul Rahim Attachments: Staff Report Purchase Agreement 8.C. Notice of Grant Award from the Florida Inland Navigation District Jones' Pier Museum and Education Exhibits - IR -20-69 Attachments: Staff Report Attachment A Attachment B 8.D. Jones' Pier Conservation Area Public Use Improvements - Amendment Number 1 to Work Order Number 3 Continued Construction Administration Services Attachments: Staff Report Attachment A - Amendment 1 to WO #3 Exhibit 1 - 8.E.. Resolution Authorizing the Community Development Director or his Designee to Endorse Insurance Checks Associated with County Housing Programs Attachments: Staff Report Proposed Resolution Resolution 2004-134 (conformed) October 20, 2020 Page 2 of 6 8.F. Ford F -Series Door Latch Class Action Settlement, (Brandon Kommer v. Ford Motor Company), Case No. 1: 1 7-cv-00296-LEK-DJS (N.D. NY) Attachments: Staff Report Notice of Class Action (ADA) 8.G. Resolution Cancelling Taxes on Property. Dedicated by GRBK GHO High Pointe, LLC to Indian River County for Public Purpose (65th Street Right -Of -Way) Attachments: Staff Report Resolution 8.11. Amendment to 2021 Pictometry Aerial Imagery Contract Attachments: Staff Report Amendment 2 Agreement Pictometry Imagery Coverage Map 8.I. Interfund Borrowing and Interfund Loan - Fiscal Year 2019/2020 Attachments: Staff Report 8.1 Miscellaneous Budget Amendment 011 Attachments: Staff Report 2019 2020 Resolution Exhibit "A" 8.K. 51st Avenue Water Assessment - 65th Street to 69th Street, Petition, Surveying, and Engineering Design Services Attachments: Staff Report Assessment Area Map Preliminary Petitions 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Clerk of the Circuit Court and Comptroller Jeffrey R. Smith: Applications for Citizen Member to the Value Adjustment Board Attachments: Staff Memorandum Committee Application Mucher Mucher Resume (County) Joseph L George application and resume Resignation of Jim Kordiak - VAB 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS October 20, 2020 Page 3 of 6 C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for October 28, 2020 to Consider the: Adoption of an Ordinance to Create a New Section under Chapter 1100 (Economic Development Ad Valorem Tax Exemption for PCP Tactical, LLC) of the Code of Indian River County - LEGISLATIVE Attachments: Staff Report 10.C.2. Notice of Public Hearing Scheduled for November 3, 2020: Consideration of an Ordinance of Indian River County, Florida, amending the Zoning Ordinance and the accompanying Zoning Map for approximately X19.32 acres located approximately +/-870 feet west of 66th Avenue and north of 16th Street, from RM -6, multiple -family residential district (up to 6 units/acre), to RM -8, multiple -family residential district (up to 8 units/acre); and providing codification, severability, and effective date.(Quasi-Judicial) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. 2021 Florida Legislative Session Priorities Attachments: Staff Report - Legislative Priorities Preliminary Legislative Priorities and Concerns 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 12.11.1. Shadow Brook Subdivision Proposed Water Assessment Project Resolution I and II Attachments: Staff Report Assessment Area Map Temporary Water Service Agreements Providing Resolution Setting Resolution for Public Hearing Assessment Roll October 20, 2020 Page 4 of 6 12.11.2. Utility Accounts Receivable Bad Debt Attachments: Staff Report Draft Notice of Future Charges 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Fles cher, Vice Chairman C. Commissioner Tim Zorc D. Commissioner Peter D. O'Bryan 14.D.1. Discussion of Developments at the Indian River County Courthouse Attachments: Commissioner's Memorandum E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Amendment No. 2 to Work Order No. 32 to Kimley-Horn for Household Hazardous Waste and Recycling Transfer Facility Design Attachments: Staff Report Revised Conceptual Level Budget Amendment No 2 To Work Order No 32 C. Environmental Control Board 16. ADJOURNMENT October 20; 2020 Page 5 of 6 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,. including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a . special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12: 00 Noon to 5:00 p.m. October 20, 2020 Page 6 of 6 mi PROCLAMATION HONORING BRUCE H. COLTON, STATE ATTORNEY OF NINETEENTH JUDICIAL CIRCUIT FOR THE COUNTY OF INDIAN RIVER, FLORIDA WHEREAS, the Indian River County Board of County Commissioners wishes to express its appreciation to Bruce H. Colton for his commitment to public safety and his dedicated service to all citizens as the State Attorney for the Nineteenth Judicial Circuit; and WHEREAS, Bruce H. Colton was appointed as the Chief Assistant State Attorney for the Nineteenth Judicial Circuit on January 1, 1974, and he was commissioned by Governor Bob -Graham, on October 19, 1985 to the Office of State Attorney; and WHEREAS, Bruce H. Colton has appeared before the courts of the Nineteenth Judicial Circuit to give voice to victims and to all citizens, where he faithfully, without prejudice or favor, enforced the laws of the great State of Florida, serving with unimpeachable integrity and dedication to the rule of law; and WHEREAS, Bruce H. Colton's unwavering dedication to the pursuit of justice has been demonstrated, time and again, by his zealous advocacy in the courtroom where his eloquent oration has brought to heel numerous criminal defendants who have engaged in some of the most reprehensible and heinous criminal conduct; and WHEREAS, his peers and his constituency recognize Bruce H. Colton as a guardian and advocate for the citizens he has served; and WHEREAS, the Indian River County Board of County Commissioners wishes to honor and pay tribute to Bruce H. Colton for his distinguished service to the citizens of the Nineteenth Judicial Circuit. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board recognizes the outstanding contributions made to this community by Bruce H. Colton. Adopted this 20th day of October, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 1 PROCLAMATION LIGHTS ON AFTERSCHOOL WHEREAS, the Boys and Girls Club of Indian River County, Crossover Mission, Dasie Hope Center, Feed the Lambs.and the Gifford Youth Achievement Center stand firmly committed to quality afterschool programs and opportunities because they (1) provide safe, challenging, and engaging learning experiences that help children develop; (2) foster social, emotional, physical, and academic skills; (3) support working families by ensuring their children are safe and productive after the regular school day ends; (4) build stronger communities by. involving students, parents, business leaders, and adult volunteers in the lives of young people, thereby promoting positive relationships among youth, families, and adults; and (5) engage families, schools, and community partners in advancing the welfare of our children; and WHEREAS, the aforementioned organizations have provided significant leadership in the area of community involvement in the education and well-being of our youth, grounded in the principle that quality afterschool programs are vital to helping our children become successful adults; and WHEREAS, Lights On Afterschool, the national celebration of afterschool programs held this year on October 22, 2020, promotes the importance of quality afterschool programs in the lives of children, families, and communities; and WHEREAS, more than 28 million children in the U.S. have parents who work outside the home, and 15.1 million children have no place to go after school. Many afterschool programs across the country face funding shortfalls so severe that they are being forced to close their doors and turn off their lights; and WHEREAS, the Boys and Girls Club of Indian River County, Crossover Mission, Dasie Hope Center, Feed the Lambs, and the Gifford Youth Achievement Center urge the citizens of Indian River County to ensure that every child has access to a safe, engaging place where the lights are on after school; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board of County Commissioners enthusiastically endorses Lights On Afterschool and is committed to innovative afterschool programs and activities that ensure that the lights stay on and the doors stay open for all children after school. Adopted this 20th day of October, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 2 PROCLAMATION HONORING JEFFREY HOFFMAN ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD & BRIDGE DIVISION WHEREAS, Jeffrey Hoffman retires from the Indian River County Department of Public Works, Road & Bridge Division effective October 30, 2020; and WHEREAS, Jeffrey Hoffman began his career with Indian River. County on September 15, 2005, as a Building Inspector I in the building division. On December 1, 2006, Jeff transferred to Engineer Inspector with Indian River County Public Works Division. He was then promoted on July 15, 2011, to a Road Project Coordinator in which position he continued in until his retirement; and WHEREAS, Jeffrey Hoffman has gained the respect and admiration of his colleagues, co-workers and citizens within the County and his work is greatly appreciated. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Jeff Hoffman's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last fifteen years. BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 201 day of October, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman 7)q 3 Maj INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: October 13, 2020 SUBJECT: 4th Quarter FY 2019/2020 Budget Report FROM: Kristin Daniels Budget Director, Office of Management & Budget Following is the quarterly report for the preliminary fourth quarter of fiscal year 2019/2020. 4 C (D E E O U CR CV Cl) 0 N N U a O O N c c coo v ► 1 -4 1 No o N '�? Cl! cc a N d 0 C6 C c U V N 6\ O 10 �O o P O C, N N V V _ Nn c V LL bl n04 N `r N E n N M QO ^ n 6 �O No. ► d T 0 .Q O Q E 0 u c N 3 N cod ✓a 0 a� N N N X D iEU C d 2 N O o c — o O O QQ E O U U h d Q 000 N W N V a o 0 O p. T P c Q 0 N O O CL 0 E='O U O N 0,0 W P N N L W2 d 0-0 N O O O U O N c C fL NO N 2 V ( O 'D O 5--Q'i C P W 0 ? 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M M u7 M N M h M h M h M h M h M N M 19 M 19 M u7 M M M h M '�) M N h h L�) �? h h' .- u'I - 9 C M M 00 D` D` P O� '0 LO h h Lo w) LO LO 00 W m C, P P 'o 'o 'o 10 rl n t, M O M N M N N -N co M M M M M M to to to to lO �O to V V V 7 N N N O V U N N N N N N N N N N N N N N N N N N N N N N U v v r" 0 0 0 0 0 0 0 0 0 O N N O M � wV N W U C Q 0 N N n �► C C3 0 a, o W Ld gn C'4A Q K W O U N 0- (D .N N — 7 C U O el Gi U c w N LU � Q >- z O �++ O X N W Q.W H � CL P W N x �o Cr M 10 N a M Cl! V oq Cr CO v 0 M 64 Cl) 10 0 C- N N 6t1 CT n LO CV Cr v4- I Go v N W) LO N N M H P P M Ln P n M w N N H co viO to h Z 0 U U Q A 10 10 Cl) O M h C N LO 0 ro N 2 J Q W W 06 W z z UI a W J LU U u z Q z o z O ;7- Q U W C ui J 0 Z 0 U U Q A 10 10 Cl) O M h C N LO 0 ro N TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 8, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 2, 2020 to October 8, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of October 2, 2020 to October 8, 2020. Of 22 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 400163 10/02/2020 FLORIDA POWER AND LIGHT 31,776.00 400164 10/02/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 400165 10/02/2020 NORTH CAROLINA CHILD SUPPORT 105.69 400166 10/02/2020 TOTAL ADMINISTRATIVE SERVICES CORP 553.28 400167 10/02/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 400168 10/02/2020 TX CHILD SUPPORT SDU 163.85 400169 10/05/2020 CITY OF VERO BEACH 52,966.86 400170 10/05/2020 THEERATAT & PREEDA CORP 5,000.00 400171 10/05/2020 PREEDA INC 5,000.00 400172 10/05/2020 GR8 LAKES CORP 5,000.00 400173 10/05/2020 DOWN SEA CHARTERS LLC 5,000.00 400174 10/05/2020 TWO NUTS & A CLAM INC 5,000.00 400175 10/05/2020 KILTED MERMAID INC 5,000.00 400176 10/05/2020 CHIVE LLC 5,000.00 400177 10/05/2020 ONO LUAU LLC 5,000.00 400178 10/05/2020 CTRG FAMILY RESTAURANTS LLC 5,000.00 400179 10/05/2020 KIP KATE INC 5,000.00 400180 10/05/2020 SUNSIDE FUN INC 5,000.00 400181 10/05/2020 BARWICK ENTERTAINMENT 5,000.00 400182 10/07/2020 MELECH BERMAN 1,998.08 400183 10/07/2020 SUSAN R DREW 5,000.00 400184 10/08/2020 WILLIAM KEITH MCCULLY 80.00 400185 10/08/2020 BRIAN FREEMAN 125.00 400186 10/08/2020 MELISSA ARNDT 264.18 400187 10/08/2020 UTIL REFUNDS 4.19 400188 10/08/2020 UTIL REFUNDS 28.54 400189 10/08/2020 UTIL REFUNDS 40.45 400190 10/08/2020 UTIL REFUNDS 92.07 400191 10/08/2020 UTIL REFUNDS 77.32 400192 10/08/2020 UTIL REFUNDS 40.86 400193 10/08/2020 UTIL REFUNDS 242.25 400194 10/08/2020 UTIL REFUNDS 98.77 400195 10/08/2020 UTIL REFUNDS 28.77 400196 10/08/2020 UTIL REFUNDS 74.41 400197 10/08/2020 UTIL REFUNDS 46.21 400198 10/08/2020 UTIL REFUNDS 87.42 400199 10/08/2020 UTIL REFUNDS 8.95 400200 10/08/2020 UTIL REFUNDS 79.53 400201 10/08/2020 UTIL REFUNDS 82.90 400202 10/08/2020 UTIL REFUNDS 75.39 400203 10/08/2020 UTIL REFUNDS 87.09 400204 10/08/2020 UTIL REFUNDS 85.37 400205 10/08/2020 UTIL REFUNDS 63.68 400206 10/08/2020 UTIL REFUNDS 347.37 400207 10/08/2020 UTIL REFUNDS 45.68 400208 10/08/2020 UTIL REFUNDS 38.53 400209 10/08/2020 UTIL REFUNDS 174.53 400210 10/08/2020 UTIL REFUNDS 47.25 400211 10/08/2020 UTIL REFUNDS 72.72 400212 10/08/2020 UTIL REFUNDS 44.89 400213 10/08/2020 UTIL REFUNDS 65.38 400214 10/08/2020 UTIL REFUNDS 314.82 400215 10/08/2020 UTIL REFUNDS 25.55 400216 10/08/2020 UTIL REFUNDS 77.95 400217 10/08/2020 UTIL REFUNDS 50.46 400218 10/08/2020 UTIL REFUNDS 51.08 400219 10/08/2020 UTIL REFUNDS 50.32 400220 10/08/2020 UTIL REFUNDS 4.20 23 TRANS NBR DATE VENDOR AMOUNT 400221 10/08/2020 UTIL REFUNDS 17.58 400222 10/08/2020 UTIL REFUNDS 55.53 400223 10/08/2020 UTIL REFUNDS 30.08 400224 10/08/2020 UTIL REFUNDS 54.02 400225 10/08/2020 UTIL REFUNDS 55.11 400226 10/08/2020 UTIL REFUNDS 90.37 400227 10/08/2020 UTIL REFUNDS 43.76 400228 10/08/2020 UTIL REFUNDS 90.10 400229 10/08/2020 UTIL REFUNDS 336.18 400230 10/08/2020 CLEMENTS PEST CONTROL 1,950.00 400231 10/08/2020 PORT CONSOLIDATED INC 225.03 400232 10/08/2020 GUARDIAN EQUIPMENT INC 5,375.00 400233 10/08/2020 COMMUNICATIONS INTERNATIONAL 1,232.00 400234 10/08/2020 SSES INC 819.98 400235 10/08/2020 LENGEMANN CORP 260.80 400236 10/08/2020 TEN-8 FIRE EQUIPMENT INC 1,215.16 400237 10/08/2020 RANGER CONSTRUCTION IND INC 2,300.04 400238 10/08/2020 VERO CHEMICAL DISTRIBUTORS INC 4,273.00 400239 10/08/2020 PALMDALE OIL COMPANY INC 11,502.90 400240 10/08/2020 CHISHOLM CORP OF VERO 193.00 400241 10/08/2020 KIIvILEY HORN & ASSOC INC 2,432.30 400242 10/08/2020 SEWELL HARDWARE CO INC 197.74 400243 10/08/2020 GRAINGER 2,223.89 400244 10/08/2020 KELLY TRACTOR CO 96.00 400245 10/08/2020 GRAYBAR ELECTRIC 1,525.83 400246 10/08/2020 HERITAGE BOOKS INC 306.40 400247 10/08/2020 HACH CO 226.22 400248 10/08/2020 NATIONAL FIRE PROTECTION ASSOC 196.65 400249 10/08/2020 PETES CONCRETE 1,500.00 400250 10/08/2020 TIRESOLES OF BROWARD INC 4,245.61 400251 10/08/2020 CARTER ASSOCIATES INC 6,090.25 400252 10/08/2020 PETERSEN INDUSTRIES INC 3,432.72 400253 10/08/2020 BLAKESLEE SERVICES INC 66.30 400254 10/08/2020 BAKER & TAYLOR INC 5,118.64 400255 10/08/2020 BRANDTS APPLIANCE SERVICE INC 94.00 400256 10/08/2020 MIDWEST TAPE LLC 4,070.24 400257 10/08/2020 NORTHERN SAFETY CO INC 212.22 400258 10/08/2020 METTLER TOLEDO INC 313.16 400259 10/08/2020 K & M ELECTRIC SUPPLY 55.85 400260 10/08/2020 CENGAGE LEARNING INC 146.19 400261 10/08/2020 PALM TRUCK CENTERS INC 736.75 400262 10/08/2020 JIMMYS AIR & REFRIGERATION INC 3,806.70 400263 10/08/2020 GO COASTAL INC 227.60 400264 10/08/2020 SOFTWARE HARDWARE INTEGRATION 1,707.52 400265 10/08/2020 GEI GRAPHIC ENTERPRISES INC 699.95 400266 10/08/2020 TREASURE COAST REGIONAL PLANNING 66,624.00 400267 10/08/2020 PUBLIX SUPERMARKETS 47.72 400268 10/08/2020 PUBLIX SUPERMARKETS 20.11 400269 10/08/2020 ARTHUR J GALLAGHER RISK MGMT SERV INC 3,598.00 400270 10/08/2020 FEDERAL EXPRESS CORP 119.00 400271 10/08/2020 CENTRAL A/C & REFRIGERATION SUPPLY INC 9.70 400272 10/08/2020 TIMOTHY ROSE CONTRACTING INC 3,165.00 400273 10/08/2020 FLORIDA POWER AND LIGHT 39,337.56 400274 10/08/2020 FLORIDA POWER AND LIGHT 504.88 400275 10/08/2020 GIFFORD YOUTH ACHIEVEMENT CENTER INC 8,430.07 400276 10/08/2020 PUBLIC RISK MANAGEMENT ASSOCIATION 385.00 400277 10/08/2020 TREASURE COAST SPORTS COMMISSION INC 1,312.50 400278 10/08/2020 FLORIDA STATE GOLF ASSOCIATION 1,000.00 400279 10/08/2020 UNIVERSITY OF FLORIDA 600.00 400280 10/08/2020 G K ENVIRONMENTAL INC 675.00 24 TRANS NBR DATE VENDOR AMOUNT 400281 10/08/2020 JOHN BROWN & SONS INC 25,675.00 400282 10/08/2020 IRONSIDE PRESS 300.98 400283 10/08/2020 ELXSI INC 1,196.70 400284 10/08/2020 BRIDGESTONE AMERICAS INC 1,423.08 400285 10/08/2020 SHRIEVE CHEMICAL CO 8,019.53 400286 10/08/2020 THE AVANTI COMPANY INC 500.00 400287 10/08/2020 TRANE US INC 187,490.00 400288 10/08/2020 CELICO PARTNERSHIP 554.73 400289 10/08/2020 THE CLEARING COMPANY LLC 2,774.50 400290 10/08/2020 OTC DIRECT INC 679.69 400291 10/08/2020 SOUTHERN JANITOR SUPPLY INC 219.00 400292 10/08/2020 MBV ENGINEERING INC 1,670.00 400293 10/08/2020 ETR LLC 917.28 400294 10/08/2020 GLOVER OIL COMPANY INC 26,314.70 400295 10/08/2020 GERELCOM INC 45,422.44 400296 10/08/2020 RECREATION SUPPLY COMPANY INC 17,122.73 400297 10/08/2020 ARDAMAN & ASSOCIATES INC 13,175.00 400298 10/08/2020 1ST FIRE & SECURITY INC 75.00 400299 10/08/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 133.93 400300 10/08/2020 PAK MAIL 15.90 400301 10/08/2020 JOHNNY B SMITH 125.00 400302 10/08/2020 GLOBALSTAR USA 195.81 400303 10/08/2020 THOR GUARD INC 3,157.90 400304 10/08/2020 MARGARET TRIPP 79.00 400305 10/08/2020 INDIAN RIVER SOCCER ASSOCIATION 2,000.00 400306 10/08/2020 TRADEWINDS POWER CORP 1,249.50 400307 10/08/2020 KWACKS INC 20,523.08 400308 10/08/2020 NICOLACE MARKETING INC 4,917.25 400309 10/08/2020 PR DIAMOND PRODUCTS INC 747.00 400310 10/08/2020 GLISSON & CO INC 19,900.00 400311 10/08/2020 TREASURE COAST SWIMMING LLC 500.00 400312 10/08/2020 FLORIDA COAST EQUIPMENT INC 2,122.52 400313 10/08/2020 OVERDRIVE INC 1,578.22 400314 10/08/2020 PROPAC INC 177.68 400315 10/08/2020 BRAAS CORPORATION 694.09 400316 10/08/2020 JOSHUA HARVEY GHIZ 20,424.46 400317 10/08/2020 AMER RECREATIONAL SPORTS LLC 248.85 400318 10/08/2020 ADAMS FENCE 2 LLC 1,025.00 400319 10/08/2020 ALEX MIKLO 50.00 400320 10/08/2020 BURNETT LIME CO INC 9,548.00 400321 10/08/2020 KRAUS ASSOCIATES INC 7,572.97 400322 10/08/2020 STEWART & STEVENSON FDDA LLC 25,989.58 400323 10/08/2020 CHEMTRADE CHEMICALS CORPORTATION 4,182.04 400324 10/08/2020 ANDERSEN ANDRE CONSULTING ENGINEERS INC 1,235.00 400325 10/08/2020 UNI IRST CORPORATION 2,049.92 400326 10/08/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 2,385.86 400327 10/08/2020 BARSALOU VENTURES LLC 6,682.48 400328 10/08/2020 ADVANCE STORES COMPANY INCORPORATED 853.23 400329 10/08/2020 AC VETERINARY SPECIALTY SERVICES 88.93 400330 10/08/2020 CDW LLC 12,389.00 400331 10/08/2020 MATHESON TRI -GAS INC 2,069.36 400332 10/08/2020 ROBERT O RICHARDSON III 50.00 400333 10/08/2020 AQSEPTENCE GROUP INC 816.43 400334 10/08/2020 BLX GROUP LLC 3,750.00 400335 10/08/2020 COLE AUTO SUPPLY INC 2,258.10 400336 10/08/2020 TREASURE COAST MOTOR COACH INC 5,000.00 400337 10/08/2020 SSE ASSOCIATES INC 7,747.50 400338 10/08/2020 CORE & MAIN LP 33,188.00 400339 10/08/2020 IRL COUNCIL 50,000.00 400340 10/08/2020 WOERNER AGRIBUSINESS LLC 586.00 25 TRANS NBR DATE VENDOR AMOUNT 400341 10/08/2020 DJD EQUIPMENT HOLDINGS LLC 663.39 400342 10/08/2020 ENGINEERED SERVICES INC 8,175.00 400343 10/08/2020 DIRECTV GROUP INC 81.24 400344 10/08/2020 VEROLA STUDIO LLC 4,400.00 400345 10/08/2020 TETRA TECH INC 1,432.48 400346 10/08/2020 EMPIRE PIPE ORLANDO LLC 4,665.00 400347 10/08/2020 IM SOLUTIONS INC 3,894.00 400348 10/08/2020 AMAZON CAPITAL SERVICES INC 2,090.28 400349 10/08/2020 IRC MOSQUITO CONTROL DISTRICT 2,877.15 400350 10/08/2020 PIRATE PEST CONTROL LLC 27.00 400351 10/08/2020 AMERIGAS PROPANE LP 37.14 400352 10/08/2020 EVERLAST CLIMBING INDUSTRIES INC 10,650.00 400353 10/08/2020 BENEFIT EXPRESS SERVICES LLC 5,535.70 400354 10/08/2020 DEANGELO BROTHERS LLC 179.00 400355 10/08/2020 PC SOLUTIONS & INTEGRATION INC 6,372.50 400356 10/08/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 391.36 400357 10/08/2020 DESK SPINCO INC 2,350.14 400358 10/08/2020 MILTON MAYBERRY ENTERPRISES INC 4,784.00 400359 10/08/2020 BLUE GOOSE CONSTRUCTION LLC 12,271.61 400360 10/08/2020 STAPLES INC 959.74 400361 10/08/2020 LOWES COMPANIES INC 1,345.02 400362 10/08/2020 PEOPLEREADY INC 766.40 400363 10/08/2020 SMI TRADING LLC 72.02 400364 10/08/2020 CHRIS ZAVESKY 100.00 400365 10/08/2020 DEX IMAGING LLC 394.67 400366 10/08/2020 MURPHY PIPELINE CONTRACTORS INC 8,894.00 400367 10/08/2020 SCP DISTRIBUTORS LLC 7,599.05 400368 10/08/2020 THEODORE SEMI 125.00 400369 10/08/2020 CARLON INC 168.00 400370 10/08/2020 BRITTON INDUSTRIES INC 188.57 400371 10/08/2020 RANDALL J STANTON 125.00 400372 10/08/2020 NEPTUNE BENSON INC 4,138.43 400373 10/08/2020 ELITE SYNTHETIC TURF LLC 10,527.00 400374 10/08/2020 COMPETITIVE DIVE BOARDS INC 2,134.00 400375 10/08/2020 RANDSTAD NORTH AMERICA INC 1,342.38 400376 10/08/2020 LUTHER K ZERAN 5,000.00 400377 10/08/2020 CATERING BY ADRIENNE DREW & 5,000.00 400378 10/08/2020 TRAVEL PARTNERS INTERNATIONAL INC 5,000.00 400379 10/08/2020 SHARK BAIT INTERNATIONAL INC 5,000.00 400380 10/08/2020 NAVY MOM LLC 5,000.00 400381 10/08/2020 UNCLE SAMS BRU HAAS 5,000.00 400382 10/08/2020 UTIL REFUNDS 43.82 400383 10/08/2020 UTIL REFUNDS 45.28 400384 10/08/2020 UTIL REFUNDS 35.62 400385 10/08/2020 UTIL REFUNDS 68.27 400386 10/08/2020 UTIL REFUNDS 58.07 400387 10/08/2020 UTIL REFUNDS 664.43 400388 10/08/2020 UTIL REFUNDS 2.07 400389 10/08/2020 UTIL REFUNDS 82.80 400390 10/08/2020 UTIL REFUNDS 60.21 400391 10/08/2020 UTIL REFUNDS 69.13 400392 10/08/2020 UTIL REFUNDS 65.04 400393 10/08/2020 UTIL REFUNDS 29.51 400394 10/08/2020 UTIL REFUNDS 12.98 400395 10/08/2020 UTIL REFUNDS 73.43 400396 10/08/2020 UTIL REFUNDS 44.24 400397 10/08/2020 UTIL REFUNDS 39.00 400398 10/08/2020 UTIL REFUNDS 56.44 400.399 10/08/2020 UTIL REFUNDS 28.99 400400 10/08/2020 UTIL REFUNDS 84.74 26 TRANS NBR DATE VENDOR AMOUNT 400401 10/08/2020 UTIL REFUNDS 167.21 400402 10/08/2020 UTIL REFUNDS 10.32 400403 10/08/2020 UTIL REFUNDS 81.18 400404 10/08/2020 UTIL REFUNDS 198.04 400405 10/08/2020 UTIL REFUNDS 90.98 400406 10/08/2020 UTIL REFUNDS 71.30 400407 10/08/2020 UTIL REFUNDS 207.19 400408 10/08/2020 UTIL REFUNDS 85.16 400409 10/08/2020 UTIL REFUNDS 41.50 400410 10/08/2020 UTIL REFUNDS 26.97 400411 10/08/2020 UTII, REFUNDS 24.79 400412 10/08/2020 UTIL REFUNDS 39.30 400413 10/08/2020 UTIL REFUNDS 78.09 400414 10/08/2020 UTIL REFUNDS 43.25 400415 10/08/2020 UTIL REFUNDS 15.86 400416 10/08/2020 UTIL REFUNDS 108.37 400417 10/08/2020 UTIL REFUNDS 40.69 400418 10/08/2020 UTIL REFUNDS 77.38 400419 10/08/2020 UTIL REFUNDS 73.52 400420 10/08/2020 UTIL REFUNDS 55.43 400421 10/08/2020 UTIL REFUNDS 25.31 400422 10/08/2020 CLEMENTS PEST CONTROL 1,400.00 400423 10/08/2020 B G KENN INC 246.21 400424 10/08/2020 TODD J ALFONSO 5,000.00 400425 10/08/2020 AMAZON CAPITAL SERVICES INC 124.88 400426 10/08/2020 INDIAN RIVER SPORTS COMPLEX INC 6,000.00 400427 10/08/2020 FERNDALE SUITES LLC 5,000.00 400428 10/08/2020 EGSS OF VERO BEACH INC 5,000.00 400429 10/08/2020 C4 INVESTEMENTS GROUP LLC 5,000.00 Grand Total: 1,113,679.27 27 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 900807 10/08/2020 900808 10/08/2020 900809 10/08/2020 Grand Total: VENDOR FOUNDATION FOR AFFORDABLE RENTAL CANON FINANCIAL SERVICES INC STAPLES INC AMOUNT 43.00 239.36 270.00 552.36 28 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017191 10/02/2020 NORTH SOUTH SUPPLY INC 1,212.46 1017192 10/02/2020 COLD AIR DISTRIBUTORS WAREHOUSE 246.33 1017193 10/02/2020 RING POWER CORPORATION 27,846.19 1017194 10/02/2020 MIKES GARAGE & WRECKER SERVICE INC 745.00 1017195 10/02/2020 MEEKS PLUMBING INC 959.00 1017196 10/02/2020 IRRIGATION CONSULTANTS UNLIMITED INC 1,822.50 1017197 10/02/2020 THE EXPEDITER 429.84 1017198 10/02/2020 WORLD INDUSTRIAL EQUIPMENT INC 6,034.00 1017199 10/02/2020 RECORDED BOOKS LLC 490.80 1017200 10/02/2020 SOUTHERN COMPUTER WAREHOUSE INC 5,367.42 1017201 10/02/2020 TOTAL TRUCK PARTS INC 1,368.74 1017202 10/02/2020 RECHTIEN INTERNATIONAL TRUCKS 1,226.76 1017203 10/02/2020 SPINNAKER VERO INC 390.00 1017204 10/02/2020 SIMS CRANE & EQUIPMENT CO 2,166.75 1017205 10/02/2020 L&L DISTRIBUTORS 604.18 1017206 10/02/2020 RADWELL INTERNATIONAL INC 43.35 1017207 10/02/2020 ALLIED DIVERSIFIED OF VERO BEACH LLC 225.00 1017208 10/02/2020 NEXAIR LLC 42.04 1017209 10/02/2020 PACE ANALYTICAL SERVICES LLC 7,295.00 1017210 10/02/2020 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 65.50 1017211 10/05/2020 COMCAST 273.21 1017212 10/06/2020 AT&T CORP 272.80 1017213 10/06/2020 OFFICE DEPOT INC 5,949.81 1017214 10/08/2020 AT&T CORP 7,163.69 1017215 10/08/2020 OFFICE DEPOT INC 2,268.28 10172-16 10/08/2020 WASTE MANAGEMENT INC OF FLORIDA 9,948.92 1017217 10/08/2020 PARKS RENTAL & SALES INC 651.75 1017218 10/08/2020 COLD AIR DISTRIBUTORS WAREHOUSE 275.05 1017219 10/08/2020 INDIAN RIVER BATTERY 687.20 1017220 10/08/2020 INDIAN RIVER OXYGEN INC 82.90 1017221 10/08/2020 RING POWER CORPORATION 53.59 1017222 10/08/2020 DEMCOINC 111.26 1017223 10/08/2020 APPLE INDUSTRIAL SUPPLY CO 812.77 1017224 10/08/2020 MEEKS PLUMBING INC 466.36 1017225 10/08/2020 ALLIED UNIVERSAL CORP 14,701.96 1017226 10/08/2020 GROVE WELDERS INC 601.92 1017227 10/08/2020 RECORDED BOOKS LLC 263.40 1017228 10/08/2020 WIGINTON CORPORATION 570.00 1017229 10/08/2020 COMPLETE RESTAURANT EQUIPMENT LLC 300.00 1017230 10/08/2020 41MPRINT INC 1,885.73 1017231 10/08/2020 APPLE MACHINE & SUPPLY CO 594.75 1017232 10/08/2020 COMMERCIAL ENERGY SPECIALISTS 1,868.48 1017233 10/08/2020 TOTAL TRUCK PARTS INC 386.46 1017234 10/08/2020 COMPLETE ELECTRIC INC 12,510.00 1017235 10/08/2020 RECHTIEN INTERNATIONAL TRUCKS 542.58 1017236 10/08/2020 COMPLETE ALARM INC. 2,229.00 1017237 10/08/2020 SPINNAKER VERO INC 40.34 1017238 10/08/2020 AUTO PARTNERS LLC 13.74 1017239 10/08/2020 L&L DISTRIBUTORS 515.68 1017240 10/08/2020 COUNTY MATERIALS CORPORATION 16,113.60 1017241 10/08/2020 NEXAIR LLC 56.80 1017242 10/08/2020 EFE INC 8,835.36 Grand Total: 149,628.25 29 ELECTRONIC PAYMENTS WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8006 10/02/2020 IRC FIRE FIGHTERS ASSOC 10,110.24 8007 10/02/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 7,916.37 8008 10/02/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 65,477.37 8009 10/02/2020 CHARD SNYDER & ASSOCIATES INC 92.00 8010 10/02/2020 CULTURAL COUNCIL OF IRC 17,631.08 P -CARD 10/02/2020 TD BANK, N.A. 6,435.76 8011 10/05/2020 IRS -PAYROLL TAXES 446,968.62 8012 10/05/2020 ATLANTIC COASTAL LAND TITLE CO LLC 121,271.50 8013 10/05/2020 FL SDU 4,754.84 8014 10/05/2020 TOTAL ADMINISTRATIVE SERVICES CORP 11,429.88 8015 10/05/2020 WELLS FARGO BANK NA 572,000.00 8016 10/05/2020 ATLANTIC COASTAL LAND TITLE CO LLC 18,575.90 8017 10/06/2020 FL RETIREMENT SYSTEM 743,524.37 8018 10/07/2020 CITY OF SEBASTIAN 22,578.32 8019 10/08/2020 KIMLEY HORN & ASSOC INC 7,370.37 8020 10/08/2020 KIMLEY HORN & ASSOC INC 4,650.00 8021 10/08/2020 CLERK OF CIRCUIT COURT 610.81 8022 10/08/2020 VERO HERITAGE INC 3,959.95 8023 10/08/2020 SCHOOL DISTRICT OF I R COUNTY 2,608.75 8024 10/08/2020 VEROTOWN LLC 30,307.90 8025 10/08/2020 NATIONAL METERING SERVICES INC 33,103.35 8026 10/08/2020 RX BENEFITS INC 2,195.72 8027 10/08/2020 IRS -PAYROLL TAXES 276.46 Grand Total: 2,133,849.56 30 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Purchase — 581h Avenue/371h Street Intersection 3775 58th Avenue, Vero Beach, FL 32966 Owners: Manzul Rahim DATE: October 6, 2020 DESCRIPTION AND CONDITIONS Manzul Rahim owns a 0.93 acre improved parcel located at 3775 58th Avenue, Vero Beach, FL 32966. Staff approached Mr. Manzul in reference to purchasing a portion of the parcel. The County needs 0.042 acres of the parcel for right-of-way for road improvements. The subject property consists of an improved parcel that has frontage on 581h Avenue. The property is zoned RS -3 single-family residential district (up to 3 units). The County obtained an appraisal of the property indicating a value of $3,500.00. The County offered $3,500.00 to purchase the property. After several weeks of negotiations with Mr. Rahim's attorney, Sheehan Gobin, all parties agreed on the $6,000.00 purchase price, and the County paying all closing costs estimated at $550.00. FUNDING Funding is budgeted and available for this expenditure in the amount of $6,550.00 in the Optional Sales Tax/ROW/581h Ave -371h Street turn lane account. Account # 31521441-066120-15006. Account Name Account Number Amount Optional Sales Tax/ROW/581h Ave -37th Street Turn Lane 31521441-066120-15006 $6,550.00 RECOMMENDATION Staff recommends the Board approve the Purchase Agreement in the amount of $6,000.00, with an estimated $550.00 in closing costs to be paid by the County for the purchase of 0.042 acre property located at 3775 58th Avenue, Vero Beach, FL 32966, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement APPROVED AGENDA ITEM FOR: October 20, 2020 31 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND MANZUL RAHIM THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2020, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Manzul Rahim, ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 3775 58th Avenue, Vero Beach, Florida 32966. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements at the 58th Avenue and 37th Street intersection in the future and the road expansion will impact the Seller's property; and WHEREAS, in order to proceed with the road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to the 581h Avenue/37th Street intersection; and WHEREAS, the County has contacted the Seller and has offered to purchase right- of-way of approximately 1,855 square feet or 0.042 acres of property as depicted on Exhibit "A"; and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter recited, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 3775 58th Avenue, Vero Beach, Florida 32966 and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 0.042 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $6,000.00 (Six Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such 32 Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed subject to the following matters: (a) comprehensive land use plans, zoning, and other land -use restrictions, prohibitions and requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted public utility easements of record (located contiguous to real property lines and not more than 10 feet in width as to rear or front lines and 7 112 feet in width as to side lines); and (e) taxes for year of Closing and subsequent years; provided, that, none prevent use of Property for County's intended use and development of the Property ("Permitted Exceptions"). If there exists at Closing any violation of items identified in (b) — (e) above, then the same shall be deemed a title per Paragraph 3.1. Marketable title shall be determined according to applicable Title Standards adopted by the authority of The Florida Bar and in accordance with law. 3.1 If the title defects are not cured after the first 90 -day extension, the Agreement shall automatically be terminated. County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon this agreement shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 Seller represents to the best of their knowledge that there are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 2 33 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the Countyshall, at its sole option, be entitled to: (i) terminate this Agreement bywritten notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closina. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of their personal property and equipment from the Property and shall deliver possession of the Property to County in the same or better condition that existed at the Effective Date hereof. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. (a) All taxes need to be prorated based on the date and percentage of the property being sold. (b) All non -valorem taxes, whether not yet assessed not due and payable shall be paid for by the Seller. The non -ad valorem taxes shall not be prorated, rather they shall be paid in full by the seller. 34 7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: 7. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.1.4 The estimated closings costs for this purchase transaction is $550.00 and is the sole responsibility of the County. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Seller Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law., This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; as well as receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect., Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 35 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Manzul Rahim 3775 58th Avenue Vero Beach, FL 32966 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acauisition/Moniaue Filioiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement maybe executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioner or County Administrator as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 36 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Susan Adams, Chairman Date Approved by BCC Manzul R him Date ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller LTJ Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: County Attorney 6 37 Sketch and Legg/Description for.• /ND/AN RIVER COUNTY Legal Description (Right of Way Acquisition BEING THE EAST 15.0 FEET OF THE FOLLOWING DESCRIBED PARCEL TO WIT: LOT 7, PALM VILLA ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 58, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 1,855 SQUARE FEET, MORE OR LESS EXHIBIT "A" Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVERCOUNTY ENGINEERING DEPARTMENT, JOB NO. 1358, DATEDJULY 24,2016. 2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH OF THE DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE THERE MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS OR OTHER ENCUMBRANCES NOT SHOWN HEREON, BUT CAN BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. TMs is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS Manzul Rahim - 3775 58th Avenue W SH SMC 0 DESCRIPTION n. Pilmle WO KS DEPT./ENG/NEER% a D/V Sketch and Lega/Description DATE; DRAWN BY: for. 2/19/19 R 1=11-M, > OF 2 INDIAN RIVER COUNTY (377558#1 Avenue) 38 Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY Legend and Abbreviations SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID I.R.F.W.C.D. = INDIAN RIVER FARMS SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND WATER CONTROL DISTRICT BELIEF. L = LENGTH OF ARC O.R.B.= OFFICIAL RECORD BOOK I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PP). PLAT PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF P.B: PLAT BOOK SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, ' PG = PAGE PURSUANT TO SECTION 472,027 FLORIDA STATE ST. 11TES./-jp'v PBS = PLAT BOOK ST. LUCIE 2-2/_2vi � A=DELTA ANGLE SQ. FT, = SQUARE FEET DATE OF SIGNATURE DAVID M. SILQW� R = RADIUS PROFESSIONAL SURVEYOR AND MAPPER RNV = RIGHT-OF-WAY FLORIDA CERTIFICATE NO. 6139 TMs is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS Manzul Rahim - 3775 58th Avenue W SH SMC 0 DESCRIPTION n. Pilmle WO KS DEPT./ENG/NEER% a D/V Sketch and Lega/Description DATE; DRAWN BY: for. 2/19/19 R 1=11-M, > OF 2 INDIAN RIVER COUNTY (377558#1 Avenue) 38 Sketch and L eqa/Description for /ND/AN RIVER COUNTY C z W I� (D 1 O O o J p —� HIE ny O I +r 0 m t I = I RIGHT OF WAY J V) in 0814 0o W G- cK LINE — ZZ ZO C 1 O O J"'� I L) I cFi Yz %...-I N I --� S moo + f( VI (NOT TO SCALE) 5' O.R.8 796, PG 1519 z 327.2'± Oa 25' z 38th Place o v ; AGEN(;Y: INDIAN PURL WORKS q 2 OF 2 RIGHT OF WAY LINE o a�S m� o U) p C3 a Coa I �p M R � W O N a o D- 1 � m fQ N u I I Q pNN od I Q I 1 � M � I This Is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONS187ING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION K/VL/Y GUUNTr DEPT./£NG/N££R/NG D/V Sketch and Lega/Description DRAWN BY: R_ M/:/.CTT INDIAN RIVER COUNTY (3775 58th A venue) 39 rn rn 3 ' 0 00 41 o �gQg Ci +r 0 ' S =m - V) in N N V> W G- a ZZ ZO C O O J"'� EAST 15' \ L) I cFi Yz %...-I N I --� S moo + f( VI E z Oa ; z Z> o zx a� �a�1 0 V 00 D: 327.3'± C W 0 00 Jpq�h� 0 O Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC 1 O.R.B.= OFFICIAL RECORD BOOK (P) = PLAT P.B = PLAT BOOK PG =PAGE PBS = PLAT BOOK ST. LUCIE A=DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS RAN = RInWT.nF-WAV Manzul Rahim - 3775 58th Avenue AGEN(;Y: INDIAN PURL WORKS q 2 OF 2 RIGHT OF WAY LINE o a�S m� o U) p C3 a Coa I �p M R � W O N a o D- 1 � m fQ N u I I Q pNN od I Q I 1 � M � I This Is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONS187ING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION K/VL/Y GUUNTr DEPT./£NG/N££R/NG D/V Sketch and Lega/Description DRAWN BY: R_ M/:/.CTT INDIAN RIVER COUNTY (3775 58th A venue) 39 40 Date: October 9, 2020 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation To: The Honorable Board of County Commissioners Through:. Jason Brown, County Administrator Michael Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Recreation From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Notice of Grant Award from the Florida Inland Navigation District Jones' Pier Museum and Education Exhibits — IR -20-69 DESCRIPTIONS AND CONDITIONS On October 15, 2019, staff provided a Departmental item to the County Commissioners regarding the Jones' Pier Conservation Area Public Use Improvements. This item provided a project update and requested authorization to make applications to potential grantors to provide additional funding for the repurposing of the 1920s Bungalow Cottage/Main House for the purposes of creating a museum with associated educational exhibits. Subsequently, staff made an application to the State of Florida Division of Historical Resources (DHR) and Florida Inland Navigation District (FIND) to provide funding for the interior stabilization, museum planning and museum exhibits for the Main House. The County received and accepted the award from DHR August 18, 2020. The FIND application was successfully submitted and the County has been chosen to receive this funding for the 2020-2021 funding cycle. The funding in this grant agreement provides for a 50/50 match of $84,000 for a total project cost of $168,000. The FIND grant will provide financial assistance for design, production and installation of Jones Museum exhibits (interior) as well as outdoor wayside static and interactive exhibits. FUNDING Funding for the Jones' Pier Conservation Area improvements in the amount of $100,000 is outlined in the Capital Improvements Element of the Comprehensive Plan, approved on December 4, 2019, through the Land Acquisition Bond Proceeds. Account number 14514639-066510-18010 has been established and will be utilized for expenses related to the Jones' Pier Conservation Area and the Florida Inland Navigation District grant. Revenue Source: I Account Number: - Amount: Land Acquisition Bond Proceeds CONSENT AGENDA BCC Meeting 1012012020 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation To: The Honorable Board of County Commissioners Through:. Jason Brown, County Administrator Michael Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Recreation From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Notice of Grant Award from the Florida Inland Navigation District Jones' Pier Museum and Education Exhibits — IR -20-69 DESCRIPTIONS AND CONDITIONS On October 15, 2019, staff provided a Departmental item to the County Commissioners regarding the Jones' Pier Conservation Area Public Use Improvements. This item provided a project update and requested authorization to make applications to potential grantors to provide additional funding for the repurposing of the 1920s Bungalow Cottage/Main House for the purposes of creating a museum with associated educational exhibits. Subsequently, staff made an application to the State of Florida Division of Historical Resources (DHR) and Florida Inland Navigation District (FIND) to provide funding for the interior stabilization, museum planning and museum exhibits for the Main House. The County received and accepted the award from DHR August 18, 2020. The FIND application was successfully submitted and the County has been chosen to receive this funding for the 2020-2021 funding cycle. The funding in this grant agreement provides for a 50/50 match of $84,000 for a total project cost of $168,000. The FIND grant will provide financial assistance for design, production and installation of Jones Museum exhibits (interior) as well as outdoor wayside static and interactive exhibits. FUNDING Funding for the Jones' Pier Conservation Area improvements in the amount of $100,000 is outlined in the Capital Improvements Element of the Comprehensive Plan, approved on December 4, 2019, through the Land Acquisition Bond Proceeds. Account number 14514639-066510-18010 has been established and will be utilized for expenses related to the Jones' Pier Conservation Area and the Florida Inland Navigation District grant. Revenue Source: I Account Number: - Amount: Land Acquisition Bond Proceeds 1 14514639-066510-18010 $168,000 40 STAFF RECOMMENDATION Staff respectfully recommends that the Board accept the Florida Inland. Navigation District.Grant (IR -20- 69) for 2020-21 and authorize the Chairman to execute the Agreement with the Florida Inland Navigation District Project Agreement IR -20-69. ATTACHMENTS Attachment A — Florida Inland Navigation District Project Agreement IR -20-69 Attachment B - Florida Inland Navigation District Project Agreement IR -20-69 IRC Grant Form 41 Attachment A FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. IR -20-69 This PROJECT AGREEMENT ("AGREEMENT") made and entered into this day of ; 20 by and between the Florida Inland Navigation. District (hereinafter the "DISTRICT"), and Indian River County. (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: - 1. PROJECT - Subject to the provisions of this AGREEMENT and Rule 66B-2 of the Florida Administrative Code (a current copy of which is attached as Exhibit "B"), the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Jones` Pier Museum and Education Exhibits. Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT's headquarters. Any modifications to the PROJECT'S scope -of work shall require written advance notice and justification from the PROJECT SPONSOR and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this AGREEMENT unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30, 2022 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board, whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30, 2023. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond September 30, 2022, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. I 42 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than Fifty percent 50%0 ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible.out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A, Project Cost Estimate ("PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $84.000.00.. Any modifications to the PROJECT's Cost Estimate (Exhibit A) shall require written advance. notice and justification from the PROJECT SPONSOR and the prior written approval of the 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this AGREEMENT, have provided the DISTRICT with suitable evidence of the availability of such funds using the DISTRICT's Form #95-01 (Exhibit C, Matching Funds Certification) and, upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under this AGREEMENT, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B, Chapter 66B-2, F.A.C.. PROJECT COSTS must be incurred, and work performed within the PROJECT PERIOD, with the exception of pre -AGREEMENT costs, if any, consistent with Section 6 below, which are also eligible for reimbursement by the DISTRICT. If the PROJECT SPONSOR receives additional funding for the PROJECT COSTS from another source that was not identified in the original application and that changes the AGREEMENT MATCHING PERCENTAGE,. the PROJECT SPONSOR shall proportionately reimburse the DISTRICT's program funds equal to the MATCHING PERCENTAGE in this AGREEMENT. The PROJECT SPONSOR shall promptly notify the DISTRICT of any project payments it receives from a source other than the DISTRICT. 6. PRE -AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this AGREEMENT unless previously 2 43 delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and. canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. -- PFo_ject funds may be released`in installments; at the discretion of -the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of this AGREEMENT, reimbursement for a PROJECT approved as Phase I project will be made only upon commencement of construction of the PROJECT for which the Phase I planning, designing, engineering. and/or permitting were directed, which may or may not involve further DISTRICT funding. Procedures set forth below with respect to reimbursement by the DISTRICT are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or. part, for non-compliance with the terms of this AGREEMENT. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of a photograph of the PROJECT showing the sign required by Section 18, and (5) a Final Project Report'as described in Exhibit G; Assistance Project Schedule. As part of the documentation 3 44 accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects and surveyors with whom PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (-)) years-afer the end of the fiscal -year in which:the Final" Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this AGREEMENT by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the full amount of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR, whereupon this AGREEMENT, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17, and 20, PROJECT SPONSOR acknowledges that breach by the PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if, as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach, the DISTRICT were required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17, or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek specific -performance and injunctive relief, and for, purposes 'of determining whether to grant an 4 45 equitable remedy any court will assume that the breach would cause the DISTRICT irreparable harm. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this AGREEMENT and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. PROJECT SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of this AGREEMENT, to act on behalf of the PROJECT SPONSOR relative to the prons of tliis AGREEMENT: ,_ _ 13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shalt submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Foran #95-02 (Exhibit F, Assistance Program Project Quarterly Status Report). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G, Assistance Project Schedule, may result in revocation of this AGREEMENT. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state, and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons, as well as all other federal, state and local laws, rules, and requirements. 15. NON-DISCRIMINATION- The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES -Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 17. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) -years -frorn the G 46 r completion of the PROJECT, such dedication to be in the form of a deed, lease, management AGREEMENT or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT entrance of the completed PROJECT, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this section shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibif H) unless otherwise stipulaiedby th`e DISTRICT.-In`the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staff s recommendations. 19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by the PROJECT SPONSOR, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum. of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated 25 -year life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its 47 1.1 employees, commissioners, and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND DUTIES - The rights and duties arising under this AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this. AGREEMENT nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS - Waiver ofa breach ofany-provisions ofthis AGREEMENT shall not'be deemed a waiver of any other breach of the same or different provision. 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this AGREEMENT shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1.314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: Indian River County Attention: Assistant Director, Parks and Recreation, Parks and Conservation Resources 5500 77th Street Vero Beach, FL 32967 26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 27. GOVERNING LAW - The validity, interpretation, and performance of this AGREEMENT shall be controlled and construed according to the laws of the State of Florida. 28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT 7 M, SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this AGREEMENT, other than another governmental "entity that agrees to assume, in writing, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT including, but not limited to, any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 29. ENTIRE UNDERSTANDING - This AGREEMENT, including any exhibits made a i part hereof, embodies the entire AGREEMENT and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. - IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: Executive Director Date: WITNESSES: Indian River County By: Title: Date: 49 8 EXHIBIT A FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2020 PROJECT COST ESTIMATE (See Rule Section 6611-2.005 &_2.008 for eligibility and funding ratios) Project Titlei Historic Jones Pier Museum & Education Exhibits Applicant: Indian River County Board of County Commissioners. Project Elements Quantity or Total Applicant's Cost FIND Cost (Please list the MAJOR project elements and Estimated Cost (To the nearest $50) (To the nearest $50) provide general costs for each one. For (.Number and/or Footage Phase I Projects, please list the major etc.) elements and products expected) Design, production and installation 800 sq ft/$125/sq ft $150,000 $50,000 of Jones Museum exhibits (interior) (exhibit cost) including interior renovations for public access (County's match) 10 Outdoor Wayside Exhibits with $700 each + $750 $0 $14,500 stand stand 6 Outdoor Wayside Interactive $2500 each + $750 $0 $19,500 Exhibits with stand stand "TOTALS = $ 234,000 $150,000 1$84,000 Form No. 90-25 (New 10/14/92, Revised 04-24-06) 50 EXHIBIT B 2020 CHAPTER 6613-2 WATERWAYS ASSISTANCE PROGRAM 6613-2.001 Purpose 666-2.002 Forms 66B-2.003 Definitions 6613-2.004 Policy 6613-2.005 Funds Allocation 6613=2.006 Application Process 666-2.0061 Emergency Applications -- -66B-2.008-- Project Eligibility------- ligibility----T--- 666-2.009 6613-2.009 Project Administration 66B-2.011 Reimbursement 6613-2.012 Accountability 6613-2.013 Acknowledgement 6613-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects 6613-2.015 Small -Scale Derelict Vessel Removal Projects 666-2.016 Waterways Cleanup Events 668-2.001 Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Rulemaking An ihority374.976(2) FS. Law Implemented 374.976(1) FS History-Nery 12-17-90, rormerly 16T-2.001. 668-2.002 Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(/) FS History-i%ew 12-17-90, Formerly 16T-2.002. 668-2.003 Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of 51 Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MARITIME MANAGEMENT PLAN means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and economic parameters of the planning area. (13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation relaIed duties in waterways of the District.- ----- (16) "(16) "PRE -AGREEMENT COSTS" means project costs approved by the District .Board which have occurred. prior to the execution of the project agreement. (17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (2 1) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project: agreement. (23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the District's waterways to serve the infrastructure needs of the District's waterway users. (28) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (29) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers,. bays or lagoons entering or extending fi•om said waterways. (30) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the 52 environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life.and quality of the environment of waterways. Rulemaking duthority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, dmended 9-2-92. 2-6-97. Formerly 167:2.003, ,dmended 5-17-98, 3-21-01, 3-20-03, 3-3-04. 4-21-0. 4-24-06, 4-15-07, 3-2.i-08. 3-7-I1. 66B-2.004 Policy. The following constitutes the policy of the District regarding the administration of the program: (I) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional anchorage management,= beach _rennt_ ighmPnt public recreation, inlet management,_environmental_education„maritime_ management, plans, and . boating safety projects directly related to the waterways. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching finds for funded projects. (d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made, navigable waterways contiguous to "waterways” as defined in Rule 66B-2.003, F.A.C. (2) Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project. Accessibility: Facilities or programs funded in whole or in part by program funds shall be.made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance: The project sponsor shall be responsible for the operation,. maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. 53 (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (8) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third-Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. (10) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or — — - - ----. - - - - - the project agreement-shalt result in-ihe Disf�ict declaring the project sponsor ineligible for further participation in the program until - - such time as compliance has been met to the satisfaction of the District. (11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District RulemakingAurbority 374.976(2) FS Law Implemented 374.976(/), (2) FS History -New 12-17-90, Amended 2-3-94. 2-6-97, Formerly 16T-2.004, Amended J-18-98. 3-31-99, j -2j-00, 3-21-01. 7-30-02, 3-3-04, 4-21-0i, 4-1-09. 2-12-10, 3-7-11, 3-7-12, 1-27-14, 2-17-15. 668-2.005 Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts, member counties and local governments. shall be based upon the proportional share of the District's ad valorem tax collections from each county. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date 1/2014), hereby incorporated by reference and available at: htto://www.flrules.oraJGatewav/reference.aso?No=Ref-03568 and available from the District office or by download from the District's webpage at: www.aicw.org. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in accordance with subsection 66B-2.005(7) and Rule 66B-2.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 6613-2.014, derelict vessel projects consistent with Rule 666-2.0015, F.A.C., and Waterway Cleanup Projects approved under Rule 6613-2.0016, F.A.C. Applicant's in-house costs are limited pursuant to paragraph 66B-2.008(l)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute finding to both the state and local shares of an inlet management or beach renourishment project. (3) Pre -agreement Expenses: The project.sponsor shall not commence work on 'an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre - agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within 54 the project period as stipulated in the project agreement unless pre -agreement costs are approved by the Board. Pre -agreement expenses will be approved if they are consistent with the provisions of Rule 66B-2.008, F.A.C., and occur within the fiscal year of the grant application submission (October I st to September 30th). Pre -agreement expenses, except for projects approved by the Board as multi- year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of the approved pre -agreement expenses will be eligible for reimbursement finding f om the District, except for projects approved by the Board as multi-year projects. The Board shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 666-2, F.A.C. (4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a .significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance finding on a multi-year basis can be made at any time during the application review process. All approved multi-year projects are limited to a maximum of IW6 (2) additional funding requests. (5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with. Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. if state finding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right -of -Way (ROW), or provide public navigation channel access to two or more publicly accessible launching, mooring or docking facilities. In addition, the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project. (b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated use. (7) Land Acquisition: Land acquisition projects that provide for commercial/industrial waterway access shall qualify for a maximum of fifty (50) percent funding. All other land acquisition projects shall qualify for a maximum of twenty-five (25) percent program funding. All pre -agreement expenses for land acquisition must be completed within one-year of the date of application for finding. All faded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition, or the District may require the applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility for a minimum period of 25 years after completion of construction, the District shall require the applicant to refund the program funding. 55 (8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional, share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. Rulenzoking iluthority 374.976(2) FS. Lois, /mplerilented 374.976(/), (3) FS History-Ne%v 12-17-90, Amended f-24-93, 9-5-91, 2-6-97, Formerly 16T-2.005. Amended .i-17-98. 8-26-99, 3-21-01. 7-30-02, 3-3-04, 4-21-0$ 4-24-06, 4-15-07, 3-25-08, 4-1-09. 3-7-1/, 3-7-12, 4-10-13, 1-27-14, .i- 15-16. 6664.006 Application Process. (1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale Spoil Island Restoration and -----Enhancement P,rojects..eligible Small_Scale Derelict_V.essel._Applications and Waterway -Cleanup -Events, all applications _for.assistance-r.-=.— through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) (effective date 1/2014) are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small -Scale Spoil island Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4- 24-06), hereby incorporated: by reference and available from the District office. In addition, all applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07j. (3) Sponsor. Resolution: The project.sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be -made on FIND Form No. 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information: A County location map, a project location map, a project boundary map, and a clear and detailed site development map for land development projects. (6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting, the application to the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner's review. In the absence of extenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on Form No. 90-26. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. if the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for finding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 6613-2.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 6613-2, F.A.C. (7) Interlocal. Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic I ntracoastal 56 Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property; right-of-way or navigation interests, or.have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163, F.S., or. Section 374.984(6)(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre -agreement expenses, permitting and property control requirements. (8) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate, them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A) through (F) for Waterways Assistance Program applications. The total points awarded to each application by the Commissioners will be averaged to determine -- p _._. _- - _ , — —must _-T- ... _ m- an application's final rating score. The final i�aEing score fo`� each application must equal or exceed 35 points for the application io 6e considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the. Commissioners vote for reconsideration of the application. Only Applicants that are eligible under Rule 66B-2.0061, F.A.C., "Disaster Relief Applications", shall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06, 1/2014). (10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -:dew 12-17-90, Amended 9-1-92, 6-24-93, 4-12-95, Formerly 16T- 2.006, iUnended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11. 1-27-14. 66B-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Rulemakingaulhority 374.976(2) FS Law lmplemented 371.976(1) FS. History -:Yew 6-14-93, Amended 2-6-97. Formerly 16T-1.0061. Aviended 4- 24-06. 66B-2.008 Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. I. Public navigation channel dredging; 2. Public navigation aids and markers; 3. Inlet.management projects that are a benefit to public navigation in the District; 4. Public shoreline stabilization directly benefiting the District's waterway channels; 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access; 6. Waterway signs and buoys for safety, regulation or information; 7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities; 8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities; 57 9. Derelict Vessel Removal; 10. Waterways related environmental education programs and facilities; 11. Public fishing and viewing piers; 12. Public waterfront parks and boardwalks and associated improvements; 13. Maritime Management Planning; 14. Waterways boating.safety programs and equipment; 15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and, 16. Environmental restoration, enhancement or mitigation projects; and, 17. Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 66B-2.005(5) or (6) or subparagraphs 668-2.008(i)(a) I -16., F.A.C., but are located on eligible waterways shall be considered for funding under the priority listing of "other waterway related project" and eligible for 25% funding. (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: - �.-�.__ _ . g& - - -. _ _ ..__. _._... _ __ _ _ contingencies; miccellanenn� rrenr_ai�personnel related costs, trngatron egwpment, uan� park and playground equip`rtient, and any extraneous recreational amenities not directly related. to the waterway such as the following: I. Landscaping that does not provide shoreline stabilization or aquatic habitat; 2. Restrooms for non -waterway users; 3. Roadways providing access to non -waterway users; 4. Parking areas for non -waterway users;. 5. Utilities for non -waterway related facilities; 6. Lighting for non -waterway related facilities; 7. Project maintenance and maintenance equipment; 8. Picnic shelters and furniture for non -waterway related facilities; 9. Vehicles to transport vessels; and, 10. Operational items such as fuel, oil, etc. 11. Office space that is not incidental and necessary to the operation of the main eligible public building; and, 12. Conceptual project planning, including: public surveys, opinion polls, public meetings, organizational conferences; and, 13. Inlet maintenance. (c) Project Elements with Eligibility Limits: Subject to approval by the Board ofan itemized expense list: 1. The following project costs will be eligible for program funding oras matching funding if they are performed by an independent contractor: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph 1. above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine fire -fighting, Marine law enforcement and other vessels are eligible fora maximum of $60,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase 11 will include the construction of the project. A.description and cost estimate of the Phase. I I work shall be submitted along with the Phase I application for Board review. (2) Property Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small -Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental 58 entity that owns the project site may be joined as a co-applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the District's mal TRiM-hearing.-This demonstration will be'by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a permit or authorization is not required. Should the environmental permitting element of an application that has construction elements requiring state or federal environmental permits or authorizations not be completed by the District's final TRIM hearing, the construction portion of the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM hearing, the District will not deviate from the funding schedule to accommodate any application deficiency. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for input in the planning process. (b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the community, and shall include, at minimum, the following: 1. Public boat ramp and ramp parking inventory and analysis. 2. Public mooring and docking facility analysis, including day docks and transient slips. 3. Commercial and working waterfront identification and needs analysis. 4. The identification, location, condition and analysis of existing and potential navigation channels. 5. An inventory and assessment of accessible public shorelines. 6. Public Waterway transportation needs. 7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities. 8. Economic conditions affecting the boating community and boating facilities. 9. Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway. (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement projects. (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation 59 credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental restoration, enhancement or mitigation projects shall provide public access where possible. (7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs, Rulemaking Aiiihority374.976(2) FS Law Implemented 374.976(l)-(3) rS. Hisrory-Nein 12-17-90, dnrended 9-1-92. 6-24-93. 2-3-94, 4-12-95. 9- 5-96, 2-6-97, Formerly 16T-2.008. Amended 5-17-98. 3-31-99, 5-25-00 3-21-01, 7-30-02, 3-20-03.3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10. 3-7- /1. 3-7-12.1-27-14, -711.3-7-12.1-27-14, 2-17-15.2-21-16. 666-2.009 Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: _,_ _(I) Project Agreement: For each funded project,=the District and the jqa_sp9nso;%sor will, enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project funding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review -of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report", dated 7-30-02, hereby incorporated by reference and available at the District office: A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project, final cost, project benefits to the waterway and location address. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 6613-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and 60 available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by Rule 666-2.013, F.A.C. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion. Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. RalemakingAtrthority374.976(2) rS. Laiv lmplemented 374.976(!) rS. History-Neiv 11-17-90, rormerly 16r-2.009, Amended 3-21-01. 7-30-02, 3- 7-11. 1-27-14. 6613-2.011 Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release ---_ of.,program Nnds_shall_be on a reimbursement only_basis._ The,District shall reimburse the„project sponsor for_project costs -expended. _ on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission ofa Reimbursement. Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02) hereby incorporated by reference and available from the District office. (I ) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of- (a) f (a) The percentage total of project funding that the Board has agreed to fund, or (b) The maximum application funding assistance amount. (2) Phase l Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase 1 project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (6) Recovery of Additional Project Funding: 1 f the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost -share percentage, the project sponsor shall proportionately reimburse the District's program funds equal to the cost -share percentage in the approved project agreement. The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District. Rulemaking iluthority374.976(2) rS. Law Implemented 37;!.976(/) rS. History-Neiv 12-17-90, Amended 6-24-93, ro nrerly /6T-1:011, Amended 3-31-99, 7-30-02, 3-7-11. 66B-2.012 Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 6613- 2.009(8), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds. 61 (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the projector the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Rulemaking Authority 374.976(2) FS Law hnplemented 374.976(1) FS. History --New 12-17-90, Formerly 16T-1.012, .bnended 7-30-02. 668-2.013 Acknowledgement. The project sponsor shall erect a permanent sign,, approved by the District, at the entrance to the project site which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign , this sign shall also recognize the District's participation. If the final product of the project is_a_report, study_ or other_ publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Rulemaking litithority 374.976(2) FS La%v implemented 374.976(1) FS. History -New 12-17-90, Formerly 16r-2.013, Amended 2-22-10. 66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02, Call for Proposals — Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in-kind contribution pursuant to paragraph 66B -2.014(4)(b), F.A.C. (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding: (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on.the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall include a map clearly delineating the location of:all proposed work included in the application. (4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. (b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. (5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sign a hold harmless waiver Form No. 02- 01 (New 7-30-02) as approved by the District and hereby incorporated by reference and available from the District office. Rulemaking Au[hority 374. 976(2) FS. Law Implemented 374.976(1) FS. hlistory -Xew 7-30-02, Amended 4-24-06, 3-7-11. 62 66B-2.015 Small -Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may: be submitted to the District and considered by the Board at any time during the year. (2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not-for-profit organization. (4) District finding shall be limited to $30,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C. (5)The eligible applicant must provide the remainingmatching funds for projecfcompletion. In no case shallihe District'scost share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (1 1) The.District Board shall make all final decisions concerning the provision of funding forthis program. Rulemaking Authority 37;!.976(2) FS. Law Implemented 374.976(l) FS. History-Neiv 4-24-06, llmended 4-15-07, 3-25-08.3-7-11. 1-27-14. 668-2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (I ) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds, as well as the overall general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (10), below. (3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not-for-profit corporation.. (4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10), below. (5) The District shall be recognized in all written, on-line, audio or video advertising and promotions as a participating sponsor of the clean-up program. (6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or beverages. (7) The District Board shall make all final decisions concerning the provision of funding for a clean-up program. 63 In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify for up to additional $5,000 in clean up funds. (8) The clean-up program budget must provide equal orgreater matching funds for all.Navigation District funding. (9) The applicant shall tally and report the composition and location of the waterway -related debris, with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris in the waterway, or an increase in the number of additional waterway areas included in the clean tip. (10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a minimum of one waterway collection point or clean up area, or an applicant can conduct an additional waterway cleanup program for the waterway areas. Relenrakeng.luthoriry 374.976(2) FS. Law /nrplernented 371.97G(1) FS /listory-New 3-741. 64 EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT Sponsor: Project Title: Source of Matching Funds: Amount of Matching, Funds: ASSISTANCE PROGRAM Matching Funds Certification Project #: I hereby certify that the above referenced project Sponsor, as of October 01, 2018, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated Project Liaison Name: Project Liaison Signature: Date: . *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided, in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 - New 9/9/95 (revised 7-30-02) 65 Q�If PROJECT NAME: EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT #: PROJECT SPONSOR: BILLING #: Amount of Assistance A. Less Previous Total Disbursements B. and Less Previous Total Retainage Held Balance Available = Funds Requested This Disbursement Funds Requested C. Less Retainage (-10% unless final) D. Check Amount = Amount of Assistance Less Total Prior and Current Payments Including all retainage held (A -B -C -D) - = Balance Remaining SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit 'W') FIND - Form No. 90-14 Effective Date 7-30-02) (NOTE: Signature Required on Page 2) 66 FIND - Form No. 90-14 Page Two EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Expense DescriptionCheck No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "A") Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "A" of the. Project Agreement. * Project Liaison Date *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND - Form No: -90-14 Effective Date 7-30-02) 67 FLORIDA INLAND NAVIGATION DISTRICT ACH Authorization FORM CREDIT/DEBIT AUTHORIZATION FORM I (we) hereby authorize the Florida Inland Navigation District to initiate entries to my (our) checking /savings account at the financial .institution listed below, and if necessary, initiate adjustments for any transactions credited/debited in error. This authority will remain in effect until the Florida Inland Navigation District is notified by me (us) in writing to cancel it in such time to afford the District and the financial institution a reasonable opportunity to act on it. (Name of Financial Institution) (Address of the Financial Institution -Branch, City, State, & Zip) Signature Name -PLEASE PRINT Address -PLEASE PRINT Financial Institution Routing Number: Date Name of Business/Agency Checking/Savings Account Number: These numbers are located on the bottom of your check as follows: is 1-2 14- : 1-2 31, S 6-78 904 2"m ROUTING NUMBER ACCOUNT NUMBER 68 EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Sponsor:_ Project Title: Project Completion Certification Project #: I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and , dated 20 , and that all funds were expended in accordance with Exhibit "A" and Paragraph 1 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND -Form -No. 90=13 (Effective Date: 12-17-90, Revised 7-30-02) 69 EXHIBIT H http://www.aicw.ora—/studies and information/bids files plans logos/ logos.ahp#revize document center rz617 70 GRANTNAME: Jones Pier Museum and Education Exhibits GRANT# AMOUNT OF GRANT: DEPARTMENT RECEIVING GRANT: CONTACT PERSON: TELEPHONE: 1. How long is the grant for? Starting Date: October 1, 2020 2. Does the grant require you to fund this function after the grant is over? Yes No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In -Kind services? x Yes No 4: Percentage of match to grant % 5. Grant match amount required 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Improvements are alloocated in the CIE for Fiscal year 2021; Land Acquisition Bond Proceeds 7. Does the grant cover capital costs or start-up costs? Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL Position Position Position Position 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs ICapital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Grant Amount Other Match Costs Not Covered First Year $ $ Second Year $ $ Third Year $ $ Fourth Year $ $ Fifth Year $ $ ognaey,;a„ee ey eenn Pob Elizabeth Powell �P—&R leNPoweO.o=IMa RMrCwmy, mrinENn RMe Cowry 1 PaM1e 6 Recree,bn, smell=DpvxelR ,-1 , oUS Signature of Preparers � Match Total Date: 10/7/20 Date: October 7, 2020 CONSENTAGENDA BCC Meeting 1012012020 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Conservation Resources To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Recreation From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Jones' Pier Conservation Area Public Use Improvements — Amendment Number 1 to Work Order Number 3 Continued Construction Administration Services DESRIPTIONS AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements (RFQ 2018008). Carter Associates, Inc. is the design engineer of record for the 4 -acre Saltmarsh Wetland and was also hired to provide bid document preparation and assist with the bidding process for both phases of the project. On February 18, 2020, the Board of County Commissioners approved Work Order Number 3 in the amount of $30,335.00 to Carter Associates, Inc. to provide construction administration services for the Jones' Pier Conservation Area Public Use Improvements. Due to project delays and necessary extension of work required, Carter Associates, Inc., provided staff with Amendment Number 1 to Work Order 3 (Attachment A and Exhibit 1) for additional construction administration services required to complete the project. Carter Associates, Inc. in close coordination with County. staff, will serve as the primary point of contact with the general contractor on behalf of the County. This amendment provides a scope of work through February 28, 2021, at an amount of $20,450.00. The total Work Order with the Amendment will be $50,785.00 FUNDING Funding for this Amendment Number 1 to Work Order Number 3 will be funded through Optional Sales Tax as identified in the Capital Improvement Element of the Comprehensive Plan adopted on December 3, 2019. Description: Account Number: Amount: Optional Sales Tax/Parks/Jones Pier Improvements 31521072-066510-18010 $20,450.00 72 STAFF RECOMMENDATION Staff recommends the Board accept Amendment 1 to Work Order Number 3 with Carter Associates, Inc. authorizing the professional services as outlined in the Scope of Services and requests the Board to authorize the Chairman to execute the Work Order on their behalf for a lump sum amount of $20,450.00 upon approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS Attachment A — Amendment Number 1, Work Order Number 3 — Carter Associates, Inc. Exhibit 1 — Proposed Amendment Number 1, Work Order Number 3 — Continuing Engineering Services RFP 2018008 — Jones Pier Conservation Area Construction Administration Services DISTRIBUTION: Carter Associates, Inc. 73 CONTINUING ARCHITECTURAL SERVICES AMENDMENT 1 TO WORK ORDER 3 CARTER ASSOCIATES, INC. JONES PIER CONSERVATION AREA CONSTRUCTION ADMINISTRATION SERVICES This Amendment #1 to Work Order Number #3 is entered into as of this _ day of October, 2020, pursuant to that certain Continuing Engineering Services Agreement for Professional Engineering Services entered into as of the 17th day of April, 2018, (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Carter Associates, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 3, Effective Date February 18, 2020. 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) 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: By: Print Name: Title: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Susan Adams, Chairman BCC Approved Date: Approved: Jason Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 74 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1,708 21st STREET • VERO BEACH, FLORIDA 32960.3472 • 772-562-4191 - 772.562.7180 (FAX) JOHN 11. BLUM. P.E.. PRINCIPAL DAVID E. LUFT'HIE, P.S.M., PRINCIPAL GEORGE A. SIMONS, P.E., PRINCIPAL PATRICK S. WALTHER, P.E., PRINCIPAL MARVIN E. CARTER, P.S.M., Consultant to the Finn DEAN F. LUETIIJE. P.E., uL&i Consultant to the Finn October 2, 2020 Ms. Elizabeth Powell Assistant. Director, Parks & Conservation Resources Indian River County 5500 77t1i Street Vero Beach, Florida 32967 RE: Jones' Pier Conservation Area Project Extended Construction Administration Services CAI Project No. 18-39.7E Dear Beth: FRANK S. CUCCURESE, P.S.M. CLINTON J. RAHJES, P.E. TYLER N. SPENCER, P.E. It is our pleasure to present for your acceptance, the following proposal for Civil Engineering services .associated with the above referenced project. Please find attached an ENGINEER'S scope of services and fee schedule. Additional services required, but not included in the estimate, will be provided at our hourly rates, a copy of which is attached. Thank you for giving us the opportunity to submit a proposal for our set vices. to working with you on this project. Should you have any questions or information, please do not hesitate to contact me at our office. Sincerely, 4.ARTER ASSOCIATES, INC. Blum, P.E. l . NAMEITROPOSALWones Pier- Construction Administration2.doc ©2020 by.CAI We look forward need additional Pagel of 4serving Florida i Since 191175 PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING SERVICES for INDIAN RIVER COUNTY PARKS & CONSERVATION RESOURCES JONES' PIER CONSERVATION AREA PROJECT EXTENDED CONSTRUCTION ADMINISTRATION SERVICES SECTION 1: SCOPE OF SERVICES The following scope of services is based on a construction duration of six months (i.e. ending February 28, 2021). • Attend additional pre -construction meetings with the contractor and Indian River County representative(s) regarding installation of culverts under Jungle Trail. • Attend weekly progress meetings for the remaining duration of construction (through February 28, 2021). • Monitor construction progress and coordinate with contractor to provide schedule updates for duration of construction. Provide schedule updates to Indian River County. • Coordinate with :other design consultants (MBV, Dansco, Donadio) for required inspections or plan clarifications. • Respond to contractor Request for Information (RFI's) and provide construction clarifications as needed. • Review contractor's submittals and shop drawings and make recommendations. • Review density tests and geotechnical reports. • Consult with Indian River County for any change order requests. • Review Pay Requests from the contractor and submit to the Indian River County following approval. • Coordinate with contractor for MOT plan during Jungle Trail closing. • Conduct periodic construction observations/inspections to verify that the construction is proceeding in accordance with the plans and specifications., • Attend pump station start-up. • Conduct final inspection(s) and prepare punch list of work deficiencies. • Review as -built survey (to be provided by contractor) for compliance with approved plans. SECTION 2: ENGINEERING SCOPE ASSUMPTIONS: In developing this Scope of Services, ENGINEER represents to the INDIAN RIVER COUNTY that the following assumptions have been made and that deviation from these assumptions may require additional work and compensation on behalf of INDIAN RIVER COUNTY to the ENGINEER. 1. This proposal specifically excludes all application and/or impact fees, which shall be the responsibility of INDIAN RIVER COUNTY. 2. Building inspections related to the restroom/pavilion or any other building structure is not included and assumed to be the responsibility of the ARCHITECT. 3. Construction stakeout and as-builts are not included with this proposal. N:WHBIPROPOSALUones Pier -.Construction Administration2.doc Page 2 of 4 ©2020 b CAI.—I — j�Sg _ervin Florida y %JLXA Since 191176- i SECTION 3: COMPENSATION The proposed scope of services will be provided on a NOT TO EXCEED basis and invoiced monthly based on work performed to date for each task. Extended Construction Administration Services ............................. ;........................... $20,450.00. N-MMPROPOSAUJones Pier -.Construction Administration2.doc ©2020 by CAI Page 3 of 4 Aj Servin Florida_ jj since l9i t 7 CARTER ASSOCIATES, INC. JANUARY 2020 FEESCHEDULE Staff Type: Hourly Rates Engineer (Principal) $.165.00 Engineer I $140.00 Engineer II $125.00 Engineer III $115.00 Engineer IV $105.00 Engineer V $ 95.00 Surveyor (Principal) $165.00 Surveyor (Sr. Consultant) $140.00 Surveyor I $140.00 Surveyor II $125.00 Surveyor III $105.00 CAD/GIS Tech I $115.00 CAD/GIS Tech II $110.00 CAD/GIS Tech I11 $105.00 CAD/GIS Tech IV $ 95.00 CAD/GIS Tech V $ 85.00 Administrative Staff $ 60.00 Expert Witness $300.00 4 Man Survey Crew $175.00 3 -Man Survey Crew $150.00 2 -Man Survey Crew $135.00 1 -Man Survey Crew $110.00 Inspector $ 65.00 SPECIALIZED EQUIPMENT: Leica HD P40 Scanner $175.00/Hour Aluminum Boat $500.00/Day All -Terrain Vehicle (ATV)/Trailer $250.00/Day $1,000.00/Weelc REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.00/Each Color Prints (24"x36) $5.00/Each Mileage IRS Standard Rate Mylar $7;00/Each Photocopies: 8.5" x i l" 15¢/Each 8.5" x 14" 25¢/Each 11" x 17" 35¢/Each Concrete Monuments $20:00/Each Rebar $ 2.50/Each Laths $ 0.75/Each Hubs $ 1.00/Each Sub -Consultants Cost + 10% Note: These hourly billing rates will remain effective for the duration of this Agreement N:1JI-IMPROPOSAWones Pier- Construction Administration2.doc Page 4 of 4 02020 by CAI Since 19117-8- MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 9, 2020 SUBJECT: Resolution Authorizing the Community Development Director or his Designee to Endorse Insurance Checks Associated with County Housing Programs BACKGROUND. Indian River County has various housing programs such as the State Housing Initiative Partnership (SHIP) Program and the Neighborhood Stabilization Program (NSP) in which mortgage documents require that when funds are loaned to participants in these programs, the participant must maintain homeowner insurance and name Indian River County as a mortgagee in their policy. In 2004, after Hurricanes Frances and Jeanne, the Indian River County Board of County Commissioners adopted a resolution authorizing the Community Development Director or his designee to endorse insurance checks relating to SHIP homes under different scenarios. The County Attorney's Office has drafted the proposed resolution to allow for the delegation outside the scope of those named storms and also expand the applicability to include other County housing programs, such as the NSP. Otherwise, the delegation and endorsement process would be the same. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners adopt the proposed resolution delegating authority to the Community Development Director or his designee to endorse insurance checks relating to County housing programs as set forth in the resolution. ATTACHMENTS Proposed Resolution Resolution 2004-134 79 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING TO THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE, AUTHORITY TO ENDORSE INSURANCE CHECKS RELATING TO COUNTY HOUSING PROGRAMS SUCH AS SHIP HOMES AND THE NEIGHBORHOOD STABILIZATION PROGRAM. WHEREAS, Indian River County has various housing programs such as the State Housing Initiative Partnership (SHIP) Program and the Neighborhood Stabilization Program (NSP) in which mortgage documents require that when funds are loaned to participants in these programs, the participant must maintain homeowner insurance and name Indian River County as a mortgagee in their policy; and WHEREAS, when such a participant has a need to file a claim under their homeowner's policy, the insurance company issues a check made payable to the homeowner and the mortgagees listed on the policy; and WHEREAS, all mortgagees listed on insurance checks are required to endorse same before the funds are available to the participant for repairs; and WHEREAS, endorsement of an insurance check is an administrative function that can be delegated by authority of the Board of County Commissioners to the Community Development Director or his designee; and 80 WHEREAS, in the instance where Indian River County is named other than a senior lender, the Community Development Director or his designee would only endorse insurance checks after a finding that the senior lender will open a proper escrow account, deposit the insurance funds into that escrow account, and disburse the necessary funds to the proper party only after inspections have been made determining that the work has been done and/or receipts have been submitted and/or releases obtained. If the senior lender will not set up an escrow account, the Community Development Director for Indian River County will set up such escrow account, deposit said escrow funds into it, and disburse the necessary funds to the proper party only after inspections have been made determining that the work has been done and/or receipts have been submitted and/or releases obtained; and WHEREAS, in the instance where Indian River County is named as the senior lender, the Community Development Director for Indian River County will set up such escrow account, deposit said escrow funds into it, and disburse the necessary funds to the proper party only after inspections have made determining that the work has been done and/or receipts have been submitted and/or releases obtained; and WHEREAS, if any participant objects to having repairs done but merely wants the money, the Community Development Director or his designee will endorse such insurance check only if the County loan and interest will be repaid with the proceeds, 81 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the above recitals are affirmed, and the Indian River County Community Development Director or his designee is hereby delegated authority to endorse insurance checks pertaining to repair work on County Housing programs such as, but not limited to, SHIP homes and the NSP in the instances recited above. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2020. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Susan Adams, Chairman Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 82 RESOLUTION NO. 2004-134 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING TO THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE, AUTHORITY TO ENDORSE INSURANCE CHECKS RELATING TO SHIP HOMES. WHEREAS, the Indian River County SHIP Program mortgage documents require that when funds are loaned to SHIP participants, the SHIP participant must maintain homeowner insurance and name Indian River County as a mortgagee in their policy; and WHEREAS, when a SHIP participant has a need to file a claim under their homeowner's policy, the insurance company issues a check made payable to the homeowner and the mortgagees listed on the policy; and WHEREAS, all mortgagees listed on insurance checks are required to endorse same before the funds are available to the SHIP participant for repairs; and WHEREAS, endorsement of an insurance check is an administrative function that can be delegated by authority of the Board of County to the Community Development Director or his designee; and 83 WHEREAS, in light of both Hurricanes Frances and Jeanne, the need has arisen I to have insurance checks reviewed and handled in a timely manner so as to not frustrate the SHIP participant's ability to schedule contractors for needed repairs; and WHEREAS, in the instance where Indian River County is named other than a senior lender„ the Community Development Director or his designee would only endorse insurance checks after a finding that the senior lender will open a proper escrow account, deposit the insurance funds into that escrow account, and disburse the necessary funds to the proper party only after inspections have made determining that the work has been done and/or receipts have been submitted and/or releases obtained. If the senior Isender will not set up an escrow account, the Community Development Director for Indian River County will set up such escrow account, deposit said escrow funds into it, and disburse the necessary funds to the proper party only after inspections have made determining that the work has been done and/or receipts have been submitted and/or releases obtained; and WHEREAS, in the instance where Indian River County is named as the senior lender, the Community Development Director for Indian River County will set up such escrow account, deposit said escrow funds into it, and disburse the necessary funds to the proper party only after inspections have made determining that the work has been done and/or receipts have been submitted and/or releases obtained; and WHEREAS, if any SHIP participant objects to having repairs done but merely wants the money, the Community Development Director or his designee will endorse such insurance check only if the SHIP loan will be repaid with the proceeds, M NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the above recitals are affirmed, and the Indian River County Community Development Director or his designee is hereby delegated authority to endorse insurance checks pertaining to repair work on SHIP homes in the instances recited above. The resolution was moved for adoption by Commissioner Adams, and the motion was seconded by Commissioner Lowther, and, upon being put to a vote, the vote was as follows: Caroline D. Ginn, Chairman Aye Arthur R. Neuberger, Vice Chairman Aye Fran B. Adams Aye Thomas S. Lowther Aye Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of November, 2004. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By /s/ Caroline D. Ginn, Chairman ATTEST: Jeffrey K. Barton Clerk of Court /s/ Patricia M. Ridgely Deputy Clerk MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 9, 2020 SUBJECT: Ford F -Series Door Latch Class Action Settlement (Brandon Kommer v. Ford Motor Company) Case No. 1:17-cv-00296-LEK-DJS (N.D. NY) BACKGROUND. The above -referenced litigation involves a suit against Ford Motor Company alleging that the door latches in certain model year 2015 — 2019 Ford F -Series trucks ("Class Vehicles") have a design defect that causes the door latch to malfunction. By November 2, 2020, the Indian River County Board of County Commissioners ("Board") has to decide whether to opt out of the settlement. No action is required in order to stay in the settlement class. If the Board decides to stay in the settlement class, the County will have until November 30, 2020 to file a claim. The Board also has the right to file an objection to the proposed settlement by November 2, 2020. If the Board decides to stay in the settlement class, the Board will relinquish its right to file a lawsuit concerning the issues and claims at stake in the litigation. FUNDING. There is no funding associated with this item if the Board decides to stay in the settlement class and file a claim if entitled to do so. RECOMMENDATION. The County Attorney's Office recommends that the Board vote to stay in the settlement class and file a claim if entitled to do so. ATTACHMENT(S). Notice of Class Action Settlement 86 NO1Rji LEGAi, NOTICE RY ORDF.k OG TLIL UNITED-STATES'DLS'f121Q:1' col Jul- 1_[)R '1'NE NOR -TIERN EXON, federal court authorL-.ed this Notice. This is not a sokcliation from a luaq er You may be entitled to money If you paid for a repair to address a dolor latch defect In your Ford F -Series Vehicle or you are dissatisfied with the dour latch performance. PLEASE READ THIS NOTICE CAREFULLY BECAUSE IT COULD a AFFECT YOUR'RIG.H'15 This Notice contains information about a class action settlement. More detailed information can he found at: www.PSciiesDoorlAtebSettlemetit.com Questions? Call 1-833-900-1642 You mast submit a claim to be cligibtc for monetary benefits from this Settlement. To do so, go to www.fSedesPoot•Latch.5ct(lemcutcbm. FOL 1289488 8091111 FDL DRX7TJAULC Postal Service; Please do not mark barcode *******"**`****AUT0"5-DIGIT 32960 It41�li�jlltn�tdilll��l�u��l�tillttiniiliuitrtileailjllrjli INDIAN RIVER COUNTY 1800 27TH ST VERO BEACH FL 3219�v60-0310 yet SEP 0'.4 2020 What 45�1 i, tf;L�ticc for? A proposed nationwide class action settlement has: been reached in a lawsuit against Ford Motor Company. The case concems curtain model year 2015 to 2019 Ford F-Scrics trucks. '['he lawsuit alleges that the door latch and lock nuchanisms in the above vehicles may malliutction during freezing temperatures such That the door does not open, does not close, or opens while driving. Ford denies these allegations. This Settlement resolves the case and will pay money to Class Members who submit valid claims. Who is inthtdcd?_ You are it Class Member if you area current or former owner Or lessee in the United Slatesorone of* (lie Following vehicles sold or leased in the United States: . 2015-2018 Ford .F-150(nicks • 2017-2018 Ford F-250, F-350, F-450, and F-550 tracks • 2019 Ford F`-150, F-250, F -350, F-450, anti F-550 trucks that were built at l'ord's Dearborn Assembly Plant before February 26, 2019, Ford's Kansas City Assembly Plant before March 4, 2019,, Ford's Kentucky Assembly Plant heibre March 5, 2019, or Ford's Ohio Assembly Plant belitre March 11, 2019 What eau l Ect? If approved by the Court, and if you submit a Claim Fon,, and supporting documentation, you may receive eotbursenmeni orcertain out-of-pocket expenses you incurred obtaining repairs to address a mattunctioning door latch in your Class Vehicle. Reimbursable expenses include costs of repair, towing, and vehicle rental. Maximtun available reimbursement amounts are $400 for all mpairs completed before May 4, 2020, and $200 for repairs completed between May 4, 2020 and.May 4, 2021, Ifyou experienced dissatisfaction with door latch performance in your vehicle betbre May 4, 2020, you may also receive up to $10. Go to www.FSeriesDoorl.,atchScttlement.cont to obtain a copy of the L.ong. Form Notice, which fully describes all reimbursement opportunities. Ilow du 1 file L►_� You should complete the Claiin Form signed under penalty ofperjury that is available oil Www. FSerics Doorl:,a to h8cit lc men t.com. The deadlinc.to lite a claim dept:nds on the claim option you are tiling, but could be a5 early as Novenmher 30, 2020. Note that claims will not be paid until the Setticnlent becomes effective and after duo conclusion ofthc elainms process. You may not file a claim ifyou exclude yourself from the Settlement. kire lairs current) Lavgitalmle? Yes, Ford has announced additional warranty coverage Ibr Door Latches on the Class uc es. To find out On free repair is available for your vehicle, go to www.[ ScriesDoor L.atchScltlrtnent cmntvinit>nkttp. 87 PRESORTED Ford /';Serres Door Latch Class Action Scatement FIRST-CLASS MAIL Go 7N1) Legal Administration U.S, POSTAGE P.O. BOX 91333 PAiD Seattle, WA 08111 K&H 1�1 ELECTRONIC SERVICE REQUESTED FDL DRX7TJAULC Postal Service; Please do not mark barcode *******"**`****AUT0"5-DIGIT 32960 It41�li�jlltn�tdilll��l�u��l�tillttiniiliuitrtileailjllrjli INDIAN RIVER COUNTY 1800 27TH ST VERO BEACH FL 3219�v60-0310 yet SEP 0'.4 2020 What 45�1 i, tf;L�ticc for? A proposed nationwide class action settlement has: been reached in a lawsuit against Ford Motor Company. The case concems curtain model year 2015 to 2019 Ford F-Scrics trucks. '['he lawsuit alleges that the door latch and lock nuchanisms in the above vehicles may malliutction during freezing temperatures such That the door does not open, does not close, or opens while driving. Ford denies these allegations. This Settlement resolves the case and will pay money to Class Members who submit valid claims. Who is inthtdcd?_ You are it Class Member if you area current or former owner Or lessee in the United Slatesorone of* (lie Following vehicles sold or leased in the United States: . 2015-2018 Ford .F-150(nicks • 2017-2018 Ford F-250, F-350, F-450, and F-550 tracks • 2019 Ford F`-150, F-250, F -350, F-450, anti F-550 trucks that were built at l'ord's Dearborn Assembly Plant before February 26, 2019, Ford's Kansas City Assembly Plant before March 4, 2019,, Ford's Kentucky Assembly Plant heibre March 5, 2019, or Ford's Ohio Assembly Plant belitre March 11, 2019 What eau l Ect? If approved by the Court, and if you submit a Claim Fon,, and supporting documentation, you may receive eotbursenmeni orcertain out-of-pocket expenses you incurred obtaining repairs to address a mattunctioning door latch in your Class Vehicle. Reimbursable expenses include costs of repair, towing, and vehicle rental. Maximtun available reimbursement amounts are $400 for all mpairs completed before May 4, 2020, and $200 for repairs completed between May 4, 2020 and.May 4, 2021, Ifyou experienced dissatisfaction with door latch performance in your vehicle betbre May 4, 2020, you may also receive up to $10. Go to www.FSeriesDoorl.,atchScttlement.cont to obtain a copy of the L.ong. Form Notice, which fully describes all reimbursement opportunities. Ilow du 1 file L►_� You should complete the Claiin Form signed under penalty ofperjury that is available oil Www. FSerics Doorl:,a to h8cit lc men t.com. The deadlinc.to lite a claim dept:nds on the claim option you are tiling, but could be a5 early as Novenmher 30, 2020. Note that claims will not be paid until the Setticnlent becomes effective and after duo conclusion ofthc elainms process. You may not file a claim ifyou exclude yourself from the Settlement. kire lairs current) Lavgitalmle? Yes, Ford has announced additional warranty coverage Ibr Door Latches on the Class uc es. To find out On free repair is available for your vehicle, go to www.[ ScriesDoor L.atchScltlrtnent cmntvinit>nkttp. 87 CONSENT:.10/20/2020 Office of INDIAN RIVER COUNTY ` ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: October 13, 2020 SUBJECT: Resolution Cancelling Taxes on Property Dedicated by GRBK GHO High Pointe, LLC to Indian River County for Public Purpose (651 Street Right -Of - Way) A Resolution has been prepared for the purpose of earmarking the public use of the property and cancelling any delinquent, omitted or current taxes which may exist on the following property dedicated to Indian River County: Public Purpose: 65h Street right-of-way Location/Description: Portion of Parcels 32-39-10-00000-5000-00001.0 and 32-39-09-00002-0010-00001.0 Dedicated by: GRBK GHO High Pointe, LLC Instrument: Warranty Deeds recorded in O.R. Book 3345, Page 1029 and O.R. Book 3345, Page 1032 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property dedicated to Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser TX gG dedicated by GRBK GHO High Pointe, LLC public purpose: 65th Street right-of-way part of tax parcels 32-39-10-00000-5000-00001.0 and 32-39-09-00002-0010-00001.0 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 89 RESOLUTION NO. 2020 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were dedicated by GRBK GHO High Pointe,.LLC to Indian River County for 65th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deeds describing lands, recorded in O.R. Book 3345, Page 1029 and O.R. Book 3345, Page 1032, of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2020. 90 RESOLUTION NO. 2020 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA In ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Susan Adams, Chairman Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 91 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Dan Russell, Information Technology Director FROM: Will Rice, Manager, IS/GIS Division DATE: October 20, 2020 SUBJECT: Amendment to 2021 Pictometry Aerial Imagery Contract DESCRIPTION AND CONDITIONS On October 22, 2019, the Board of County Commissioners approved a three-year contract with Pictometry International Corporation (a.k.a. EagleView) for the purpose of acquiring high resolution oblique and vertical aerial imagery on an annual basis for the populated eastern half of Indian River County. The first of three flights of this contract occurred in January 2020. The second flight is planned for January 2021. The map provided in Attachment 2 provides the area covered by each flight. The contract specifications provide for 3 -inch resolution ortho-imagery. Pictometry Corporation has recently upgraded their imaging systems to acquire higher 2 -inch resolution imagery. Pictometry is offering to make this 2 -inch resolution imagery product available to Indian River County at no additional cost thru an amendment to the current 2019 contract. Since the 2 -inch resolution imagery will provide greater detail and detection capability to the users of the imagery at no additional cost, staff is recommending amending the 2019 contract to obtain the higher resolution imagery product that is now available. FUNDING There are no additional expenditures required for this amendment. Funds for the second flight and second year of the project in the amount of $124,585.00 are available in the Fiscal Year 2020-2021 IT/GIS Division budget; GL account numbers 505-166153 for the imagery and 50510319-035120 for the software items of the agreement. RECOMMENDATION Staff recommends the approval of the amendment with Pictometry Corporation as provided in Attachment 1 and requests that the Board of County Commissioners authorize the Chairman to execute and sign the attached amendment. ATTACHMENTS: 1. Amendment to Agreement dated October 24, 2019 between Pictometry International Corporation ("Pictometry") and Indian River County, FL ("Customer"). 2. Map — Pictometry Imagery Coverage Map for 355 Square Miles 92 APPROVED AGENDA ITEM BY: FOR: October , 2020 93 AMENDMENT TO AGREEMENT DATED OCTOBER 24, 2019 BETWEEN PICTOMETRY INTERNATIONAL CORP. ("PICTOMETRY") AND INDIAN RIVER COUNTY, FL ("CUSTOMER") This Amendment, including all Sections and Appendices referenced herein (collectively, this "Amendment") is entered into by and between Pictometry and Customer and supplements and modifies the terms of the Agreement dated October 24, 2019 as, to the extent applicable, previously modified by addenda or amendments thereto (collectively, the "Agreement"). Any purchase order or similar document issued by Customer in connection with this Amendment is issued solely for Customer's internal administrative purposes and the terms and conditions set forth on such purchase order shall be of no force or effect as between the parties. To the extent that there is any inconsistency between the terms set forth in this Amendment and those set forth in the Agreement, the terms set forth in this Amendment shall prevail. Section A: Product Descriptions, Prices and Payment Terms Appendix 1: Photogrammetric Product Specifications 2. MODIFICATIONS TO AGREEMENT: a. The Second and Third Project products, pricing, product parameters and payment schedule set forth in Section A of the Agreement are replaced in their entirety with the Second and Third Project products, pricing, product parameters and payment schedule set forth in Section A of this Amendment. b. Appendix 1: Photogrammetric Product Specifications shall be added to the Agreement. c. The Sector Map attached to this Amendment shall be added to the Agreement. d. Except as expressly modified by this Amendment, all other terms and conditions set forth in the Agreement shall remain in full force and effect. 3. All notices under this Agreement shall be in writing and shall be sent to the following respective addresses: CUSTOMER NOTICE ADDRESS PICTOMETRY NOTICE ADDRESS 1800 27th Street 25 Methodist Hill Drive Vero Beach, FL 32960 Rochester NY 14623 Attn: William Rice GIS Manager Attn: General Counsel Phone: 772-226-1609 Fax: Phone: 585 486-0093 Fax: 585 486-0098 Either party may change their respective notice address by giving written notice of such change to the other party at the other party's then -current notice address. Notices shall be given by any of the following methods: personal delivery; reputable express courier providing written receipt; or postage -paid certified or registered United States mail, return receipt requested. Notice shall be deemed given when actually received or when delivery is refused. This Amendment shall become effective upon execution by duly authorized officers of Customer and Pictometry and receipt by Pictometry of such fully executed document. PARTIES: CUSTOMER PICTOMETRY INDIAN RIVER COUNTY, FL PICTOMETRY INTERNATIONAL CORP. (entity e a Delaware corporation SIGNATURE: SIGNATURE: NAME: NAME: TITLE: TITLE: DATE: EXECUTION DATE: DATE OF RECEIPT EFFECTIVE DATE): 94 SECTION A PRODUCT DESCRIPTIONS, PRICES AND PAYMENT TERMS Pictometry International Corp. 25 Methodist Hill Drive C12535204 Rochester, NY 14623 BILL TO SHIP TO Indian River County,FL Indian River County,FL William Rice GIS Manager William Rice GIS Manager 1800 27th Street 1800 27th Street Vero Beach FL 32960 Vero Beach FL 32960 772-226-1609 772-226-1609 wrice@ircgov.com wrice@ircgov.com t j FREQUENCY OF PROJECT A116541 CDeca Annual i AMOUNT 318 Reveal Essentials+ Property Provides high resolution ortho and oblique imagery at a $400.00 $382.50 $121,635.00 Property level. Deliverables include measurable oblique (4.375%— Long and ortho imagery at a property resolutions. Color Term Incentive balanced orthomosaic imagery is generated by a fully Discount) automated photogrammetric process and delivered digitally in various formats with the associated metadata. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 1 Pictometry Connect - CA - Pictometry Connect - CA - 50 (Custom Access) provides $2,200.00 $2,200.00 50 up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web - based, server -based or desktop integration. The default deployment is through web -based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement I Pictometry Connect View - Pictometry Connect View - CA (Custom Access) provides $750.00 $750.00 CA visualization -only access to the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web application or server based integration. Requires a customer -provided web application or server based application. With respect to imagery available through this product to third parties or the Public, Pictometry reserves the right to reduce the resolution of the imagery available. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Web Visualization Offering Terms and Conditions 1 RapidAccess - Disaster RapidAccess - Disaster Response Program is an $0.00 $0.00 Response Program emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. Applicable Terms and Conditions: Order Form 1 E-911 Interface - Unlimited Perpetual License. Product enables system interface but $15,000.00 $0.00 $0.00 Seats in all PSAPS does not cover the actual integration. Licensee must (100%) engage third party to provide this integration. Applicable Terms and Conditions: Order Form 1 Survey Report - Imagery Available with corresponding imagery purchase. Product $1,500.00 $0.00 $0.00 Project - Compiled To Includes: Report signed/sealed by appropriately (100%) Accuracy Statement credentialed personnel. Report details production statistics including GPS/INS post processing and includes an NSSDA compliant "Compiled To" accuracy statement. Applicable Terms and Conditions: Order Form f State License Fee State license fee. $0.00 $0.00 Applicable Terms and Conditions: Order Form 1 Pictometry Connect - Pictometry Connect - EarlyAccess provides authorized $10,000.00 $0.00 $0.00 EarlyAccess users the ability to login and access the imagery, as (100%) specified elsewhere in this agreement, immediately Page 2 of 8 Indian River County, FL — C 12535204 2020-10-01 DD-OC9520160520 THIRD PROJECT QTY following its preliminary processing and quality control PRODUCT DESCRIPTION LIST PRICE DISCOUNT AMOUNT checks and prior to its final processing. Early Access PRICE 318 imagery will become available in CONNECT Explorer Provides high resolution ortho and oblique imagery at a $400.00 $382.50 $121,635.00 incrementally as it is processed and it will remain Property level. Deliverables include measurable oblique (4.375%— Long available until final, fully processed imagery is made and ortho imagery at a property resolutions. Color Term Incentive available through other means. This offering requires an balanced orthomosaic imagery is generated by a fully Discount) active Pictometry CONNECT account and the current automated photogrammetric process and delivered purchase of access to an imagery product. digitally in various formats with the associated metadata Applicable Terns and Conditions: Online Services Applicable Terms and Conditions: Delivered Content General Terms and Conditions Terms and Conditions of Use 1 Oblique Imagery Bundle Includes digital copy of the Licensed Documentation for $0.00 $2,200.00 $0.00 $2,200.00 w/One (1) Year of EFS the License Software, two (2) End User Training up to 50 concurrent authorized users the ability to login Maint & Support Sessions, one (1) Advanced User Technical Training, one and access the Pictometry-hosted custom imagery (1) Administration / IT Training Session, five (5) hours of libraries specified elsewhere in this Agreement via a web - telephone support, one copy of Pictometry Electronic based, server -based or desktop integration. The default Field Study (EFS) software, latest version, on the storage deployment is through web -based Pictometry Connect. media specified herein, and access to download updated Term commences on date of activation. The quantity versions of the EFS Licensed Software for a period of one represents the number of years in the Connect term. years from the initial date of shipment of the EFS Applicable Terms and Conditions: Online Services software, along with a copy of the updated General Terms and Conditions;Software License documentation. Agreement I Applicable Terms and Conditions: Software License Pictometry Connect View - CA (Custom Access) provides $750.00 $750.00 Agreement visualization -only access to the Pictometry-hosted custom 355 Reveal Orthomosaic - This product represents a single orthomosaic, combining $0.00 $0.00 Combined tiles of multiple resolutions with the best -available via a web application or server based integration. Requires resolution preferred a customer -provided web application or server based Applicable Terns and Conditions: Delivered Content application. With respect to imagery available through Terms and Conditions of Use this product to third parties or the Public, Pictometry 37 Reveal Essentials+ Property Provides high resolution ortho and oblique imagery at a $400.00 $0.00 $0.00 Property level. Deliverables include measurable oblique available. Term commences on date of activation. The (100%) and ortho imagery at a property resolutions. Color quantity represents the number of years in the Connect balanced orthomosaic imagery is generated by a fully term. automated photogrammetric process and delivered digitally in various formats with the associated metadata. Applicable Terns and Conditions: Delivered Content Terms and Conditions of Use 1 Media Drive Capacity 931G - External USB 2.0 / eSATA Externally Powered. Delivery $199.00 $0.00 $0.00 Drive Model 1T - media prices include copying a complete image library (100%) EXTPOWER onto media. Sub -warehousing sold separately. Applicable Terms and Conditions: Order Form SUBTOTAL—SECOND PROJECT $124585.00 THIRD PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT AMOUNT PRICE 318 Reveal Essentials+ Property Provides high resolution ortho and oblique imagery at a $400.00 $382.50 $121,635.00 Property level. Deliverables include measurable oblique (4.375%— Long and ortho imagery at a property resolutions. Color Term Incentive balanced orthomosaic imagery is generated by a fully Discount) automated photogrammetric process and delivered digitally in various formats with the associated metadata Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use I Pictometry Connect - CA - Pictometry Connect - CA - 50 (Custom Access) provides $2,200.00 $2,200.00 50 up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web - based, server -based or desktop integration. The default deployment is through web -based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement I Pictometry Connect View - Pictometry Connect View - CA (Custom Access) provides $750.00 $750.00 CA visualization -only access to the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web application or server based integration. Requires a customer -provided web application or server based application. With respect to imagery available through this product to third parties or the Public, Pictometry reserves the right to reduce the resolution of the imagery available. Term commences on date of activation. The quantity represents the number of years in the Connect term. 96 'Amount per product = ((1 -Discount %)' Qty' List Price) FEES; PAYMENT TERMS All amounts due to Pictometry pursuant to this Agreement ("Fees") are expressed in United States dollars and do not include any duties, taxes (including, without limitation, any sales, use, ad valorem or withholding, value added or other taxes) or handling fees, all of which are in addition to the amounts shown above and, to the extent applicable to purchases by Customer, shall be paid by Customer to Pictometry without reducing any amount owed to Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Pictometry prior to billing. To the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty (30) days following the invoice due date, such unpaid amounts shall accrue, and Customer shall pay, interest at the rate of 1.5% per month (or at the maximum rate allowed by law, if less). In 97 Applicable Terms and Conditions: Web Visualization Offering Terms and Conditions 1 RapidAccess - Disaster RapidAccess - Disaster Response Program is an $0.00 $0.00 Response Program emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. Applicable Terms and Conditions: Order Form 1 E-911 Interface -Unlimited Perpetual License. Product enables system interface but $15,000.00 $0.00 $0.00 Seats in all PSAPS does not cover the actual integration. Licensee must (100%) engage third party to provide this integration. Applicable Terms and Conditions: Order Form 1 Survey Report - Imagery Available with corresponding imagery purchase. Product $1,500.00 $0.00 $0.00 . Project - Compiled To Includes: Report signed/sealed by appropriately (100%) Accuracy Statement credentialed personnel. Report details production statistics including GPS/INS post processing and includes an NSSDA compliant "Compiled To" accuracy statement. Applicable Terms and Conditions: Order Form 1 State License Fee State license fee. $0.00 $0.00 Avolicable Terms and Conditions: Order Form 1 Pictometry Connect - Pictometry Connect - EarlyAccess provides authorized $10,000.00 $0.00 $0.00 EarlyAccess users the ability to login and access the imagery, as (100%) specified elsewhere in this agreement, immediately following its preliminary processing and quality control checks and prior to its final processing. Early Access imagery will become available in CONNECT Explorer incrementally as it is processed and it will remain available until fmal, fully processed imagery is made available through other means. This offering requires an active Pictometry CONNECT account and the current purchase of access to an imagery product. Applicable Terms and Conditions: Online Services General Terms and Conditions 1 Oblique Imagery Bundle Includes digital copy of the Licensed Documentation for $0.00 $0.00 w/One (1) Year of EFS the License Software, two (2) End User Training Maint & Support Sessions, one (1) Advanced User Technical Training, one (1) Administration / IT Training Session, five (5) hours of telephone support, one copy of Pictometry Electronic Field Study (EFS) software, latest version, on the storage media specified herein, and access to download updated versions of the EFS Licensed Software for a period of one years from the initial date of shipment of the EFS software, along with a copy of the updated documentation. Applicable Terms and Conditions: Software License Agreement 37 Reveal Essentials+ Property Provides high resolution ortho and oblique imagery at a $400.00 $0.00 $0.00 Property level. Deliverables include measurable oblique (100%) and ortho imagery at a property resolutions. Color balanced orthomosaic imagery is generated by a fully automated photogrammetric process and delivered digitally in various formats with the associated metadata. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 355 Reveal Orthomosaic - This product represents a single orthomosaic, combining $0.00 $0.00 Combined tiles of multiple resolutions with the best -available resolution preferred Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 1 Media Drive Capacity 931G - External USB 2.0 / eSATA Externally Powered. Delivery $199.00 $0.00 $0.00 Drive Model IT - media prices include copying a complete image library (100%) EXTPOWER onto media. Sub -warehousing sold separately. Applicable Terms and Conditions: Order Form SUBTOTAL — THIRD PROJECT $124 585.00 'Amount per product = ((1 -Discount %)' Qty' List Price) FEES; PAYMENT TERMS All amounts due to Pictometry pursuant to this Agreement ("Fees") are expressed in United States dollars and do not include any duties, taxes (including, without limitation, any sales, use, ad valorem or withholding, value added or other taxes) or handling fees, all of which are in addition to the amounts shown above and, to the extent applicable to purchases by Customer, shall be paid by Customer to Pictometry without reducing any amount owed to Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Pictometry prior to billing. To the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty (30) days following the invoice due date, such unpaid amounts shall accrue, and Customer shall pay, interest at the rate of 1.5% per month (or at the maximum rate allowed by law, if less). In 97 addition, Customer shall pay Pictometry all costs Pictometry incurs in collecting past due amounts due under this Agreement including, but not limited to, attorneys' fees and court costs. SECOND PROJECT Due at Initial Shipment of Imagery $124,585.00 Total Payments $124,585.00 THIRD PROJECT Due. at Initial Shipment of Imagery $124,585.00 Total Payments $124,585.00 PRODUCT PARAMETERS SECOND PROJECT IMAGERY Product: Reveal Essentials+ Property Leaf Leaf Off: Less than 30% leaf cover Product: Reveal Essentials+ Property Leaf Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: William Rice Admin User Email: wrice@ircgov.com Geofence: FL Bay FL Brevard FL Gulf FL. Indian River (Primary Geofence) FL Okeechobee FL Osceola FL St. Lucie FL Palm Beach Product: Pictometry Connect View - CA Admin User Name: William Rice Admin User Email: wrice@ircgov.com Geofence: FL Bay FL Brevard FL Gulf FL Indian River (Primary Geofence) FL Okeechobee FL Osceola FL St. Lucie FL Palm Beach THIRD PROJECT IMAGERY Product: Reveal Essentials+ Property Leaf Leaf Off: Less than 30% leaf cover Product: Reveal Essentials+ Property Leaf Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: William Rice Admin User Email: wrice@ircgov.com Geofence: FL Bay FL Brevard FL Gulf FL Indian River (Primary Geofence) FL Okeechobee FL Osceola FL St. Lucie FL Palm Beach Product: Pictometry Connect View - CA Admin User Name: William Rice Admin User Email: wrice@ircgov.com Geofence: FL Bay FL Brevard FL Gulf FL Indian River (Primary Geofence) FL Okeechobee FL Osceola FL St. Lucie FL Palm Beach STANDARD ORTHO MOSAIC PRODUCTS Pictometry standard ortho mosaic products are produced through automated mosaicking processes that incorporate digital elevation data with individual Pictometry ortho frames to create large -area mosaics on an extremely cost-effective basis. Because these products are produced through automated processes, rather than more expensive manual review and hand -touched corrective processes, there may, be inherent artifacts in some of the resulting mosaics. While Pictometry works to minimize O i such artifacts, the Pictometry standard ortho mosaic products are provided on an'AS IS' basis with respect to visible cutlines along mosaic seams resulting from the following types of artifacts: i. Disconnects in non-elevated surfaces generally caused by inaccurate elevation data; ii. Disconnects in elevated surfaces (e.g., roadways, bridges, etc.) generally caused by elevated surfaces not being represented in the elevation data; iii. Building intersect and clipping generally caused by buildings not being represented in the elevation data; iv. Seasonal variations caused by images taken at different times during a season, or during different seasons; v.. Ground illumination variations caused by images taken under different illumination (e.g., sunny, high overcast, morning light, afternoon light, etc.) within one flight day or during different flight days; vi. Single GSD color variations caused by illumination differences or multiple-aircraft/camera captures; vii. Mixed GSD color variations caused by adjacent areas being flown at different ground sample distances (GSDs); and viii. Water body color variations caused by multiple individual frames being used to create a mosaic across a body of water (e.g., lakes, ponds, rivers, etc.). Other Pictometry products may be available that are less prone to such artifacts than the Pictometry standard ortho mosaic products. 99 APPENDIX 1 Essentials+ Property deliverables PHOTOGRAMMETRIC PRODUCT SPECIFICATIONS Product Essentials+ Property Ortho frame imagery • Nominal 2in GSD ortho imagery, Imagery as good as 1.2in and no worse than 3in Orthomosaic Specifications • Typical Positional Horizontal Accuracy: 1m at a 95% confidence level • Fully automated photogrammetric orthomosaic. Imagery may contain seamlines • Project -wide color and contrast balancing Oblique Imagery Nominal 2.6in GSD oblique imagery ranging from 1.7in to 3.5in GSD: • Where available fully automated photogrammetric mosaiced imagery. Imagery may contain seamlines Metadata and Reporting Metadata: • Metadata generated that meets FGDC Standards upon request • Shapefile(s) with discrete deliverable boundaries and directional metadata Orthomosaic Deliverable Resolution: Format (Online) • Nominal 2in GSD, no worse than 3in (Best Available Provided) ccess Methods: • Available via web -based viewer (Connect) - Contracted separately • Also available via WMS/WMTS (Image Service) - Contracted separately Orthomosaic Deliverable Resolution: Format (Physical) • Nominal 2in GSD, no worse than 3in (Best Available Provided) Projection/Coordinate System: • Customer Selectable Datum: • Customer Selectable File Format: • Mosaic Tiles o Available as JPEG, GeoTIFF, JPEG2000, PNG, ECW, MrSID (All versions) with world file o Includes separate Pictometry Map Image (PMI) trailer file • Project -Wide Mosaic o Available in ECW, MrSID (All versions) format Oblique Imagery & Frame ccess methods: Imagery Deliverable • Available via web -based viewer (Connect) - Contracted separately Format Delivery Timeline • Best efforts to make frame imagery available online within 20 days of capture complete • Best efforts to make ortho and oblique imagery available online and/or ready for physical delivery within 30 days of capture completion 100 MAPS) Indian River�,County fl Veagleviw-I e SreJ � - =.',�4 T" 1 � I ' �4 `i i i_ s L -f lAk A- U, I i + Property - 355 Sq. Miles ix i i IM t t KA 101 W a_' W N J W LL AIN n o o V.� 0^30SO CD N CDN L N O co C G • LL i� C 0 'o v L � a a ; W 9 N r_ O �L 4) 2 4 �Cr 1 ' I C t W` N aD �C V a) s. 1 0 ` ` c W O 'E m `� c a 11 t- Y Q AIN n o o V.� 0^30SO CD N CDN L N O co C G • LL i� C 0 'o v L � a a ; W 9 N r_ O �L 4) 2 t W` N aD m > a) cu 1 0 ` N c W O 'E m W U c a t- Y Q V O t O to U.) C v�.---- --- O N 0t k�l t m CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: October 12, 2020 SUBJECT: Interfund Borrowing and Interfund Loan — Fiscal Year 2019/2020 FROM: Kristin Daniels Director, Office of Management & Budget At the end of the fiscal year, it occasionally becomes necessary to cover cash deficits in individual funds with interfund borrowing. Staff anticipates the need for interfund borrowing in the funds below: Interfund borrowing is necessary due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. Staff is requesting approval from the Board of County Commissioners for interfund borrowing in the fund listed above as well as other funds as necessary. On January 15, 2019 the Board of County Commissioners approved $1,300,000 of the first two years of -the Amended and Restated Facility Lease Agreement with Major League Baseball to be funded with Tourist Tax/Cash Forward — Oct 1St. Because of the negative impact COVID-19 has had on tourism, staff is proposing the second -year contribution be reversed, and reclassified as an interfund loan between Optional Sales Tax and the Jackie Robinson Training Complex Fund. This $650,000 loan will be paid back incrementally to Optional Sales Tax as the fund is able to do so at fiscal year-end. No budgetary accounts will be impacted by this entry. Staff Recommendation Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur. Staff also recommends that the current $650,000 interfund loan between the Tourist Tax Fund and the Jackie Robinson Training Complex Fund be reversed and charged to the Optional Sales Tax Fund. 103 Fiscal Year Fiscal Year Due from Fund Due to Fund 2018/19 2019/20 Est. Metropolitan Planning General Fund - 001 $85,000 $95,000 Organization (MPO) - 124 Federal/State Grants Fund - 136 General Fund — 001 $5,000 $7,500 Interfund borrowing is necessary due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. Staff is requesting approval from the Board of County Commissioners for interfund borrowing in the fund listed above as well as other funds as necessary. On January 15, 2019 the Board of County Commissioners approved $1,300,000 of the first two years of -the Amended and Restated Facility Lease Agreement with Major League Baseball to be funded with Tourist Tax/Cash Forward — Oct 1St. Because of the negative impact COVID-19 has had on tourism, staff is proposing the second -year contribution be reversed, and reclassified as an interfund loan between Optional Sales Tax and the Jackie Robinson Training Complex Fund. This $650,000 loan will be paid back incrementally to Optional Sales Tax as the fund is able to do so at fiscal year-end. No budgetary accounts will be impacted by this entry. Staff Recommendation Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur. Staff also recommends that the current $650,000 interfund loan between the Tourist Tax Fund and the Jackie Robinson Training Complex Fund be reversed and charged to the Optional Sales Tax Fund. 103 Distribution: Elissa Nagy, Finance Director 104 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: October 14, 2020 Subject: Miscellaneous Budget Amendment 011 Description and Conditions 1. On September 22, 2020, the Board of County Commissioners approved the Sheriffs request to purchase equipment from the Criminal and Sex Offender Registrant Fee in the amount of $33,890. Exhibit "A" appropriates the revenue and expenses. 2. On August 13, 2019, The Board of County Commissioners approved the bid for the Vero Lakes Estate milling project (85th St/101St Ave -96th Ave) to Timothy Rose Contracting, Inc. The total cost of the completed project is $753,447.98. The Board also approved a transfer from Secondary Roads for 25% of the cost. Exhibit "A" appropriates $188,362 from Secondary Roads/Cash Forward. 3. Due to delays in the Voice over Internet Protocol (VoIP) project, traditional long distance and local service phone bills have continued to occur. Staff estimates the additional amount needed to fund these bills is $90,000. Funding for this overage is available from the Information Systems/Telecommunications/Telephone account where the monthly VoIP charges were budgeted, but not incurred. In addition, various unanticipated equipment, totaling $85,000, is needed to complete the transition to VoIP. Exhibit "A" appropriates the transfer of $90,000 from Information Technology to the General Fund and $85,000 from Optional Sales Tax/Cash Forward -Oct 1St Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2019-2020 budget. 105 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2019-2020 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2019-2020 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 2019-2020 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 2019-2020 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Peter D.O'Bryan Commissioner Tim Zorc Commissioner Bob Solari Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2020. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Susan Adams, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATIVMNEY Resolution No. 2020 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment: 011 Entry Numbe Type Fund/ Department/Account Name Account Number Increase Decrease Revenue FGeneral Fund/Sheriff-Sex Offender Registrant 001034-341521 $33,890 $0 1. Expense General Fund/Sheriff-Law Enforcement 00160086-099040 $33,890 $0 Secondary Roads/Cash Forward -Oct 1st 109039-389040 $188,362 $0 Revenue Vero Lakes Estates/Fund Transfer In 185039-381020 $188,362 $0 2. Secondary Roads/Transfer Out 10919981-099210 $188,362 $0 Expense Vero Lakes Estates/Petition Paving Material 18521441-035510 $188,362 $0 Information Technology/Cash Forward -Oct 1st 505039-389040 $90,000 $0 Revenue General Fund/Transfer In 001039-381020 $90,000 $0 Optional Sales Tax/Cash Forward -Oct 1 st 315039-389040 $85,000 $0 3. Optional Sales Tax/Facilities Mgmt/VoIP 31522019-066510-19026 $85,000 $0 Expense General Fund/M ailroom/Telephone 00125119-034110 $90,000 $0 Information Technology/Transfer Out 50519981-099210 $90,000 $0 107 do Indian River County, Florida Department of Utility Services Board Memorandum Date: September 28, 2020 To: Jason E. Brown, County Administrator From: IVincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, PE, Utilities Engineer Subject: 511t Avenue Water Assessment — 65th Street to 69th Street, Petition, Surveying, and Engineering Design Services Description and Conditions: The property owners along 51St Avenue between 65th Street and 69th Street (see Assessment Area Map, Attachment 1) have submitted a valid preliminary petition (see Attachment 2) to the Indian River County Department of Utility Services (IRCDUS) requesting that the county supply potable water to their subdivisions. Staff is now seeking authorization to begin data collection (survey) and engineering design. Analysis: The described area has a total of thirty-one (31) benefitting -lots in the assessment area. Signed petitions indicating affirmative votes were received from 24 of the benefitting lots. Thus, 24 of the 31 (77.4%) benefitting lots are in favor of the assessment project. Some of the properties already have water due to a complex agreement and are not included in the assessment area. The preliminary estimated project cost is $291,400.00, which includes staff administration, right-of-way survey, engineering design by staff, permits, construction, and contingency. This is subject to change once a detailed design is complete. The only cost at this point will be to a licensed surveyor for the right-of-way survey ($9,800.00). Carter Associates, Inc., has provided a proposal under their continuing surveying services agreement for the survey. Funding: Funds for this project are derived from the Assessment Fund. Assessment Fund revenues are generated from assessment fees paid by the benefitting property owners. If the assessment does not come to fruition, the $9,800.00 will have to be expensed to the Utilities Operating Fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount 511t Area Water Assessment 473-169000-21501 $9,800.00 108 Recommendation: The staff of the Indian River County Department of Utility Services recommends that the Board of County Commissioners authorize the Purchasing Managerto issue a purchase orderto Carter Associates, Inc., forthe necessary surveying work, authorize staff to move the project to the design phase, and direct staff to proceed with the resolution process of the proposed assessment project. Attachments: 1. Assessment Area Map 2. Preliminary Petitions Requesting a Neighborhood Water Assessment Program 109 J PROPOSED WATER ASSESSMENT PROJECT LOCATION MAP WINTERVEACH HIGHLANDS SUB &A PORTION OF WINTER BEACH PARK yBfWLWaiill ai[NJiA.1.71;MQ111;M pill awl • � 1 I_=J� PROPOSED BOUNDARY 0 `j _'J 67TH ST I - ' V ...ry _j J J i PL— _j j J 0 �YV y,Y,Y ,sY tRf q» .r I t q� '•`� i IF eI �i YVY •Y 66TH LN ^-i4bY-..-- � - _- .-- -' • l '( Y Y r� V -f0 I PROP _ PSE DyBOUND _ ARY � �V YV YVY YVY•• � YVY Y j - ' V ...ry _j 65TH STrj „e' �� a „].• (S WINTER, —� J -'J —J -- BEACH RD)'_ 632 _ J J i 65TH STrj „e' �� a „].• (S WINTER, —� J -'J —J -- BEACH RD)'_ 632 _ Before submitting your Petition under the Indian River County Special Assessment Ordinance #81-27 to the Indian River County Department of Utility Services, please ensure that you have satisfied the requirements on the following checklist. ave the Signatures of 66.7%,(Si y six point seven percent) of the total /andr owne within the Project area? Yes Have you supplied all the information requested on the Petition? Yes Have you included the name, address, signature and Y legal description for each individual petitioner? Yes Haveou provided all the information listed below? Yes Y 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership: A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary owners filled out (Property Appraiser's Site:) Then one signature either from the husband or wife is adequate. Point -of -Contact: The individual who is designated as the official r Fess tative of the Petitioners is Name: Signature: r r Whose address is: ��,�05���� •� Vl� 11y ��-� l!/ Whose E-mail address is: S _1�0 IT) OL01 Date:�L Phone No. (work): Phone No. (cell): R00 Indian River County — Utility Department will not move forward with the proposed water assessment until you have a 66.7% majority in favor of the Project. The Project boundary may be revised or the Project itself tabled due to lack of interest. NOTE: There are actually (3) three separate costs that are involved in a water assessment project. 1. Construction of the water assessment project - $9,400.00 per parcel. 2. Connection cost if you want to connect to County water once water assessment project is completed - $1,505.00 — if property is vacant the cost will be $1,540.00. — see exhibit #2 for sample of cost sheet. 3. Cost to have plumber construct a water service line from the water meter box location to your house, and get a plumbing permit — unknown cost — get quotes from at least (3) plumbers. Assessment Cost: (Can Finance for 10 Years @ 5.50%) $9,400.00 Water Connection Cost: (Can Finance for 5 Years @ 5.50%) $1,505.00 Plumbers Cost: $x,xxx.xx Total $10,905.00 111 ;r INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands 511 Avenue from 65th St to 691h St Parcel No: 32390900003000000005.0 Site Address: 6646 51ST AV Owner Name: LONG, WILLIAM H 111 & JOANNE H Mailing Address: WILLIAM H III & JOANNE H, LONG 127 KINGSTON DR BEAR, DE 19701 Legal Description: WINTER BEACH HIGHLANDS LOT S PB16-58 *Please sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. li YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly Lset forth, hown, proposed and agreed hereafter. � Signature: Owner Date: Signature: Secondary Owner Date: Signature: Trust Date: NOTE. Please Review Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple trustees, then all have to sign the petition. 2. Property under multiple ownership: A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary owners filled out (Property Appraiser's Site:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 112 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT— Winter Beach Park & Portion of Winter Beach Highlands 5111 Avenue from 651h St to 691h St Parcel No: 32390900003000000006.0 Site Address: 6636 51ST AV Owner Name: PAVLIK, FRANCIS J (LE) & ALEXANDER M Mailing Address: FRANCIS J (LE), ALEXANDER M PAVLIK 5706 38TH ST VERO BEACH, FL 32966 Legal Description: WINTER BEACH HIGHLANDS LOT 6 PBI 6-58 *Please sign & return* This. proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return.to Indian River County Department of Utility Services. YES - In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. Signetu e: � ner Date: Signature -...Secondary Date: Signature: Trust Date: Signature:. Trust Date: NOTE: Please Review 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. if there are multiple Trustees, then all have to sign the petition. 2. roperty•under multiple ownership A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary owners filled out (Property Appraiser's Site: ) Then one signature either from the husband or wife is adequate. Indian River County— Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 113 I INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM �? atow." PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highland 51St Avenue from 651h St to 691h St Parcel No. 32390900003000000007.0 Site Address: 6626 S1ST AV Owner Name: BENTON, TRISHIA N & CRAIG M Mailing Address: TRISHIA N, CRAIG M BENTON 6626 51ST AVE VERO BEACH, FL 32967 Legal Descrintion: WINTER BEACH HIGHLANDS LOT 7 PBI 6-58 *Please sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the op below Vdrrn to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "Cour, undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance" j more particularly set forth, shown, proposed and agreed hereafter. Signature: Owner Date: S gnature: econdary Owner Date: Signature: Trust Date: Signature: Trust Date: NOTE. Please Review 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the personiper;,ons who are authorized to sign or the Trus sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership: A minimum of 51% must sign the petition. Example: If two then bot, need ,,o sign_ If three then two need to sign. 3. Property under husband & wife without secondary owners filled out iProperWAop�a_�i�er's slte-j Then one signature either from the husband or wife is ad Indian River County — Utility Department will not move forward unless 66.71; majority is In favor of the project and the three requirements lis above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions be counted as "Not in Favor." 114 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES i PRELIMINARY PETITION FORM ? oieio, PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands Parcel No: Site Address: Owner Name: Mailing Address: TIFFANY, SMIDLEY 6616 51ST AVE VERO BEACH, FL 32967 32390900003000000008.0 6616 51ST AV SMIDLEY, TIFFANY Legal Description: WINTER BEACH HIGHLANDS LOT 8 PBI 6-58 51" Avenue from 65'11 St to 69th St *Please sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES - In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. Signature: Owner Date: Signature: Secondary Owner Date: Signature: Trust Date: Signature: Trust Date: NOTE: Please Review 1. Properties under a trust:, you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership: A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary, owners filled,out (Property Appraiser's Site:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 115 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM "��;ii►a� PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands Parcel No: Site Address: Owner Name: Mailing Address: DANIEL, LACY COX WOOD 6596 51ST AVE VERO BEACH, FL 32967 32390900003000000009.0 6596 51ST AV WOOD, DANIEL & LACY COX Legal Description: WINTER BEACH HIGHLANDS LOT 9 PBI 6-58 51" Avenue from 65`h St to 69th St *Please sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet.you have received for the proposed water assessment project, please check one of the options belowand re rn.to Indian River County Department of Utility Services. YES - In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as e particularly set forth, shown, proposed and agreed hereafter. n e:caner . Date: Signature: Trust I.Date: NOTE. Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. roperties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership: A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary: owners.filled out (Property Appraiser's Site:) Then one signature either from the husband or wife is adequate. Indian River County— Utility Department will not move forward unless 66.7% majority is in favor of .the project and the three requirements listed above are met. This petition must be received by Indian. River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 116 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM `.0 PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands Parcel No: 32390900003000000010.0 Site Address: 6576 51ST AVE Owner Name: Mailin dress: ~V • •��� 6576 51ST AVE VERO BEACH, F,L 32967 Legal Description: WINTER BEACH HIGHLANDS LOT 10 PBI 6-58 51St Avenue from 65th St to 691h St *Please sign & return* This. proposed water main assessment project will be completed as an equal -share assessment, below is the.amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed v�ater assessment project, please check one of the options below and return to Indian River County Department of Utility Services. �— YES — In favor of the proposed Water Assessment Project. NO —.Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set.forth, shown, proposed and agreed hereafter. (12)20, Signature: Own Date: Signature: Trust I Date: NOTE. Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple o_w_nersh A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary owners filled out (Property Appraiser s Site) Then one signature eitherfrom the husband orwife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 117 �ti`.}ER INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM �oie►�` PROPOSED WATER MAIN ASSESSMENT— Winter Beach Park & Portion of Winter Beach Highlands 5111 Avenue from 65th St to 691h St Parcel No: 32390900003000000011.0 Site Address: 6570 51ST AV Owner Name: WARREN, JAMES T and PRISCILLA L Mailing Address: JAMES'T and PRISCILLA L, WARREN 6570 51ST AVE VERO BEACH, FL 32967 Legal Description: WINTER BEACH HIGHLANDS LOT 111313116-58 *Please sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based.on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. ' YES - In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. �).'Ai ` o Signature: Owner . Date: Signature: Secondary Owner Date: Signature: Trust Date: NOTE: Please Review Signature: Trust Date: 1. Properties under a trusts you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership: A minimum of 51% must sign the petition. Example: If two then both need to sign. if three then two need to sign. 3. Property under husband & wife without secondary owners filled out (Property Appraiser s Site•) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 118 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM >okta` PROPOSED WATER MAIN ASSESSMENT— Winter Beach Park & Portion of Winter Beach Highlands Parcel No: Site Address: Owner Name: Mailing Address: JUAN F, ARIZPE 6566 51ST AVE VERO BEACH, FL 32967 32390900003000000012.0 6566 51ST AV ARIZPE, JUAN F Legal Description: WINTER BEACH HIGHLANDS LOT 12 PBI 6-58 51st Avenue from 651h St to 691h St *Please sign &. return* This proposed water main assessment project will be completed as an equal -share, assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County') undertaj neasures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as larly �g forth, s4ewn, proposed and agreed hereafter. . Date: Signature: Trust Date: NOTE: Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. roperties under a trust* you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. tiple ownership: _ roperty under muiA minimum of 514 must sign the petition.. Example: If two then both need to sign. If three then two need to sign. 3. Troperty under husband. & wife without secondary owners filled. out (Property Appraiser sSite) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 119 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM �;>oiiio y PROPOSED WATER MAIN ASSESSMENT— Winter Beach Park & Portion of Winter Beach Highlands Parcel No: Site Address: Owner Name: Mailing Address: JEFFREY P, BRISSETTE 6565 51ST AVE VERO BEACH, FL 32967 32390900003000000019.0 6565 51ST AV BRISSETTE, JEFFREY P 515L Avenue from 65th St to 69th St Legal Description: WINTER BEACH HIGHLANDS LOT 19 & LO T 20 LESS N 1/2 PBI 6-58 *Please sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. IaAA A � n Signatur :Owner *e: Signature: Trust Date: NOTE: Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. roperties under a trust' you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2.roperty under multiple ownership:, A minimum of 51.% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband& wife without seconclary owners filled out (PropertvApp raiser's Site') Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 120 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM "�`to`ii►n`d" PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands Parcel No: Site Address: Owner Name: Mailing Address: OSCAR E and LAWANA J, 6615 51ST AVE VERO BEACH, FL 32967 32390900003000000023.0 6615 51ST AV BASS, OSCAR E and LAWANA J BASS Legal Description: WINTER BEACH HIGHLANDS LOTS 23 & 24 PBI 6-58 51n Avenue from 651h St to 69th St *Please sign & return* This proposed water main assessment project will be completed as an equal -share -assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. i YES — In favor of the proposed Water Assessment Project. NO —:Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. ure: Secf /off Signature: Owner Date: Signatondary OwnDate: Signature: Trust Date: NOTE: Please Review Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to signor the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. 'Property under multiple ownerships A minimum of 519 must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary owners filled out(Property Appraiser's Site:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 121 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM �Lokir `d PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands 5150 Avenue from 65th St to 69th St Parcel No: 32390900003000000025.0 Site Address: 6635 51ST AV Owner Name: HOPKINS, DUSTIN G & CARLEE M , . Mailing Address: --�bUSTIN G, CARLEE M HOPKINS 6635 51ST AVE VERO BEACH, FL 32967 Legal Description: WINTER BEACH HIGHLANDS LOT 25 PBI 6-58 *Please sign .& return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet.you have received for the proposed water assessment project, please check one of the options below andreturnto Indian River County Department of Utility Services. "r YES —In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. Ca,tu,IM - - 21211z0 Signature: Owner I Date: Signature: Trust Date: NOTE: Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property, under multiple ownership:` A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband &wife without secondary owners filled out (Property Appraiser's Site:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31,2019. Late petitions: may be counted as "Not in Favor." 122 „�mi,i �•:� �ztw . �i w <^ INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES �; '. ` '•� . PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT- Winter Beach Park & Portion of Winter Beach Highlands 511t Avenue from 65” St to 6911 St 3 Z3 C1001" Site A Parcel No: tou5 \(ST1��{�j�[�`,(��/(�nt_ Ow edrName: �`Ytt`t.�—""�N 1y,1 Mailing Address_�(01. sl s .M,S uf Legal Description: *Please sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based. on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES - In favor of the proposed Water Assessment Project. NO - Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly s rth, shown, proposed and agreed hereafter. S� Signau" • r Date: Signature: Secondary Owner Date: Signature: Trust Date: NOTE: Please Review Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership: A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary owners filled out (Property Appraiser's Site:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31,.2019. late petitions may be counted as "Not in Favor." 123 i Prepared by and return to: Alicia M. Kilbourne Treasure Coast Title & Settlement of Vero, LLC 3375 20th Street Suite 130 Vero Beach, FL 32960 (772)299-5022 File No'rCi9-1753 WFG simNliJile E-RECOR®E� County: �, O �,tct'✓� Date: Time: �—�-- (V Parcel Identification No 32-39-09-60005-0000-00001.0 Above 7bis Line For Recording WARRANTY DEED (STATUTORY FORM — SECTION 689.02, F.S.) • This indenture made the 21st day of October, 2019 between Jack W. Pennell, Jr., an unmarried man, whose post office address is 6885 Orchid Tree Dr., Grant, FL. 32949, Grantor, to Steven M. Loudermilk, an unmarried man, whose post office address is 6655 51st Ave, Vero Beach, FL 32967, of the County of Indian River, State of Florida, Grantee: Witnesseth, that said Grantor, for and in consideration of the sum of TEN DOLLARS (U.S.$10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby aclaiowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being iti Indian River, Florida, to -wit - LOT 1 WINTER BEACH PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 7, PUBLIC RECORDS OF INDIAN RIVER. COUNTY, FLORIDA. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Subject to taxes for 2019 and subsequent years, not yet due and payable; covenants, restrictions, easements, reservations and limitations of record, if any. TO HAVE AND TO HOLD the same in fee simple forever. And Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple, that Grantor has good right and lawful authority to sell and convey said land and that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. t/ Warranty Dccd File No.: TC19-1753 WFG 124e I oft INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands 51St Avenue from 65th St to 69th St Parcel No: 32390900005000000003.0 Site Address: 6865 51ST AV Owner Name: PENNELL, JACK W JR & BARBARA P Mailing Address: If-F-JftcEz Maak ODAU_ '51ST 'AVE VERO BEACH, FL 32967 Legal Description: WINTER BEACH PARK LOT 3 PBI 10-7 *Please:sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. V YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment. Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. 3.12.2_ Sig tures wne Date: Signature: Trust IDate: NOTE: Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to signor the Trustee can sign the f th petition. Iere are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership: A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary owners filled out (Property Appraiser's Site- ) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 125 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES '� '° r '•+t PRELIMINARY PETITION FORM >.oe�` PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands 5111 Avenue from 65th St to 69th St Parcel No: 32390900005000000004.0 Site Address: 6868 51ST AV Owner Name: CAVANAUGH, DIXIE M Mailing Address: DIXIE M, CAVANAUGH 6868 51ST AVE VERO BEACH, FL 32967 Legal. Description: WINTER BEACH PARK LOT 4 PBI 10-7 *Please sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on thein rmation packet you have received for the proposed water assessment project, please check one of the options. below 76urn to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more partic r y t forth, shown, proposed and agreed hereafter. Signature: Own r Date: Signature: Secondary Owner Date: Signature: Trust Date: NOTE: Please Review Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to signor the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownerships A. minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary owners filled out (Property Appraiser's Site.) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 126 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM 'tppio PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands A 515L Avenue from 65th St to 691h St Parcel No: 32390900005000000005.0 Site Address: 6845 S1ST AV Owner. Name: COUNCIL, THOMAS F and NADINE C Mailing Address: THOMAS F and NADINE C, COUNCIL 6845 51ST AVE VERO BEACH, FL 32967 Legal. Description: WINTER BEACH PARK LOT 5 PBI 10-7 *Please, sign & return* This. proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet.you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. <4 -::-- YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particular s shown, proposed and agreed hereafter. Signatur : O ne ate: Signature: Trust Date: NOTE. Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Oroperty under multiple ownership' A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. OropertV under husband &wife without secondary owners,filled out (Property Appraiser's Sitei Then one signature eitherfrom the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility service's by December 31, 2019. Late petitions may be counted as "Not in Favor." 127 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT— Winter Beach Park & Portion of Winter Beach Highlands Parcel No: Site Address: Owner Name: Mailing Address: JAMES M, MCINTOSH 6840 51ST AVE VERO BEACH, FL 32967 32390900005000000006.0 6840 51ST AV MCINTOSH, JAMES M Legal Description: WINTER BEACH PARK LOT 6 PBI 10-7 51" Avenue from 65th St to 691h St *Please sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the ".Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. 6(AV-J jndt-4� 3 ZI20 gnature: Owner Date: Signature: Trust Date: NOTE: Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition.: If there are multiple Trustees, then all have to sign the petition. 2. P-roperty under multiple ownership: A minimum of SM must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Rroperty under husband & wife without secondary, owners filled out (Property Appraiser's Site:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 128 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands Parcel No: Site Address: Owner Name: Mailing Address: SABINA, D'ONOFRIO 6825 51ST AVE VERO BEACH, FL 32967 32390900005000000007.0 6825 51ST AV D'ONOFRIO, SABINA Legal Description: WINTER BEACH:PARK LOT 7 PBI 10-7 5151 Avenue from 65`h St to 691h St *Please sign °& return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on thein rmation packet you have received forth e proposed water assessment project, please check one of the options below and r rn to Indian River County Department of Utility Services. YE — In favor of the proposed Water Assessment Project. NO - Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. Signature: Owner Date: Signature: Trust Date: NOTE: Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. iP-roperties under a trust: you must -provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Propertv under multiple ownership: A minimum of 51% must sign the petition. Example: If two then both need to sign. ,If three then two need to sign. 3. Property under husband & wife without secondary owners filled out (PropertvAppraiser's Site.) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 129 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES ''a ' >• y� PRELIMINARY PETITION FORM f oiiin PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands Parcel No: 32390900005000000008.0 Site Address: 6820 51ST AV Owner Name: GIANNA, FRANK J and JANE P Mailing Address: FRANK J and JANE P, GIANNA 6820 51ST AVE VERO BEACH, FL 32968 Legal Description: WINTER BEACH PARK LOT 8 PBI 10-7 51St Avenue from 65th St to 691h St *Please -sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES— In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The: undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly. set forth, shown, proposed and agreed hereafter. Signature: Owner Date: Signature: Trust IDate: NOTE: Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. -roperties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to signor the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership.- A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. P.rooerty under husband & wife without secondarvowners filled out (Property Appraiser's.5ite:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." A0 -' INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT— Winter Beach Park & Portion of Winter Beach Highlands Parcel No: Site Address: Owner Name- Mailing Address: MARK (TR), MEARS 6785 51ST AVE VERO BEACH, FL 32967 32390900005000000009.0 6785 51ST AV MEARS, MARK Legal. Description: WINTER BEACH PARK LOT 9 PBI 10-7 51" Avenue from 65"' St to 69th St *Please sign& return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. m .,r /)--/G -,dot g Signature: Owner Date: Signature: Secondary Owner Date: Signature: Trust Date: Signature: Trust Date: NOTE: Please Review 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownerships A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. roperty under husband & wife without secondary owners filled out (Prove r-ty Appraiser's Site•) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 131 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES ia, PRELIMINARY PETITION FORM PROPOSED WATER MAIN ASSESSMENT— Winter Beach Park & Portion of Winter Beach Highlands Parcel No: Site Address: Owner Name: Mailing Address: STEPHEN T & ROBIN S, 6780 51ST AVE VERO BEACH, FL 32967 32390900005000000010.0 6780 51ST AV BRITTINGHAM, STEPHEN T & ROBIN S BRITTINGHAM Legal -Description: WINTER BEACH PARK LOT 10 PBI 10-7 51" Avenue from 65th St to 691h St *Please sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment. Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. re -2,a J Signature: Owner Date: Signature: Trust Date: NOTE. Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. Properties under a trust., you must provide the trust document and or the warranty deed, only the person/persons who are authorized to signor the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Propertv under multiple ownership: A minimum of, 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. roperty under husband & wife without secondary owners.filled out (PropertV Appraiser's Site:) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 132 e ` �,'•>,>, INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM >nKtn?� PROPOSED WATER MAIN ASSESSMENT —Winter Beach Park & Portion of Winter Beach Highlands 5111 Avenue from 65th St to 69th St Parcel No: 32390900005000000012.0 Site Address: 6760 51ST AV Owner Name: PREZIOSO, CAROL K Mailing Address: CAROL K, PREZIOSO 6760 51ST AVE VE'RO BEACH, FL 32967 Legal Description: WINTER BEACH PARK LOT 12 PBI 10-7 *Please sign & return* This proposed water main assessment project will be :completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. XYES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County. (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. LeR ror wrler Signature: Trust Date: NOTE: Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. Oroperties. under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to signor the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2.. Property under multiple ownership: A minimum of Sl% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Propertyunder husband & wife without secondary owners filled out (Property Appraiser's Site:) Then one signature either from the husband orwife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are, met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 133 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM ?ikm PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands 515i Avenue from 651h St to 691h St Parcel No: 32390900005000000013.0 Site Address: 6745 51ST AV Owner Name: BRIGGS, JAMES A & CYNTHIA 0 Mailing Address: JAMES A & CYNTHIA O, BRIGGS 6745 51ST AVE VERO BEACH, FL 32967 Legal Description: WINTER BEACH PARK LOT 13 PBI 10-7 *Please sign & return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and r rn to Indian River County Department of Utility Services. YES — In favor of the proposed. Water Assessment Project. NO —"Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more part�:ularly set forth, shown, proposed and agreed hereafter. - "4 V&, \� �0\1 Sig ture: Owner Date: Signature: Trust Date: NOTE., Please Review Signature: Secondary Owner Date: Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. F-roperty under multiple ownership: A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Proper-ty under husband & w.ife without secondary owners filled out (P-ropertvAppraiser's.5ite) Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 134 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM >oiciv`� PROPOSED WATER MAIN ASSESSMENT —Winter Beach Park &Portion of Winter Beach Highlands 51" Avenue from 65th St to 69th St Parcel No: 32390900005000000014.0 Site Address: 6740 51ST AV Owner Name: SIMMONS, JEFFREY A & YUXIA Mailine Address: JEFFREY A, YUXIA SIMMONS 6740 51ST AVE VERO BEACH, FL 32967 Legal Description: WINTER BEACH :PARK LOT 14 PBI 10-7 *Please sign &:"return* This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the information packet you have received for the proposed water assessment project, please check one of the options below and return to Indian River County Department of Utility Services. "Y YES — In favor of the proposed Water Assessment Project. NO - Not in favor of the proposed Water Assessment Project. The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County") undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more particularly set forth, shown, proposed and agreed hereafter. >t. 1Lo),v Signature: Owner Date: Signature: Trust Date: NOTE: Please Review Signature: Secondary Owner Date: Signature: Trust • . Date: 1. Properties. under a trust. you must -provide the trust document and or the warranty deed, only the person/persons who are authorized to signor the Trustee can sign the petition.. If there are multiple Trustees, then all have to sign the petition. 2. .roperty under multiple -ownership: A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Iroperty under -husband & wife without secondary owners filled out (Property, Appraiser's Site:)Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." 135 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES sA �s PRELIMINARY PETITION FORM >cifi►o` PROPOSED WATER MAIN ASSESSMENT — Winter Beach Park & Portion of Winter Beach Highlands Parcel No: 32390900005000000016.0 Site Address: 6720 51ST AV Owner Name: WANDS, GERARD K & REGINA Mailing Address: GERARD K, REGINA WANDS 6720 S1ST AVE VERO BEACH, FL 32967 Legal Description: WINTER BEACH PARK LOT 16 PBI 10-7 51" Avenue from 65th.St to 69th St *Please sign & return*' This proposed water main assessment project will be completed as an equal -share assessment, below is the amount your property will be assessed base on Indian River County's construction cost: Assessment (Construction) Cost per Lot: $9,400.00 Based on the infor ation packet you have received for the proposed water assessment project, please check one of the options below and. retur to Indian River County Department of Utility Services. YES — In favor of the proposed Water Assessment Project. NO - Not in favor of the proposed Water Assessment:Project. The undersigned petitioner r spectfully requests the Board of County Commissioners of Indian River County (the "County") undertake easurVtoestlish a Water sessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as more pa i arly sown, d and agreed hereafter. ,,,Signature: Owner Date: Signature: Secondary Owner Date: Signature: Trust Date: NOTE: Please Review Signature: Trust Date: 1. Properties under a trust: you must provide the trust document and or.the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership: A minimum of 51% must sign the petition. Example:. If two then both need to sign. If three then two need to sign. 3. 0roperty under husband & wife without secondary owners filled out (Property Appraiser's Site I Then one signature either from the husband or wife is adequate. Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be received by Indian River County Department of Utility Services by December 31, 2019. Late petitions may be counted as "Not in Favor." .... ,. 136 lu 1 DI Uy W 911.3►111i1►�1 DATE: October 20, 2020 http://Clerk.indian-river.org TO: Members of the Board of County Commissioners FROM: Terri Collins -Lister, Supervisor to the Clerk to the Board and the Value Adjustment Board SUBJECT: Applications for Citizen Member to the Value Adjustment Board Mr. Jim Kordiak, Citizen Member (Homesteaded) to the Value Adjustment Board, submitted his notice of resignation on March 18, 2020. According to F.S. 194.015, the Value Adjustment Board shall consist of two citizen members, one of whom must be appointed by the governing body of the county and must own homestead property within the county and may not be a member or an employee of any taxing authority. Attached are the applications received to date with the applicants listed below and upon review of the applications; both candidates meet the statutory requirements to serve on the Value Adjustment Board. I would appreciate the Board's review and nomination of one of the following applicants to fill the vacant Citizen Member position: Mark Mucher Joseph L. George Attachment(s): Mark Mucher's application Joseph L. George's application Resignation Notice 137 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Last First Name Name: (Stephen) Mark Mucher & Middle Init: (Stephen) Mark Mucher ---]Today's Date: 109/21/20 Email Address: I mark. mucher@gmail.corn Home Address (No P.O. Boxes): 617 Indian Lilac Rd, Vero Beach, FL 32963 Home Phone: 1 Work Phone: I Cell Phone: 1772-532-24131 How long have you been a resident of Indian River County? 34 years Are you a full or part time resident? Check one: Full Time❑✓ Part Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Technology Assistance, Inc. (Computer Consulting) Please list any licenses you presently hold: FL Driver, City of Vero Beach business Please list any organization of which you are currently a member: Taxpayers' Association of IRC Rotary Community Corps Please list any other committees or boards you currently sit on: City of Vero Beach Utilities Commission Taxpayers' Association of IRC Board of Directors 138 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT ❑ CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARDEl TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print 139 1VIARK MUCHER Stephen Mark Mucher 5' 10" 175 lb. 617 Indian Lilac Road Married, two (adult) children Vero Beach, FL 32963-1450 mark.mucherQP—M il.com (772) 532-2413 Employment Summary 2002 -Present Technology Assistance, Inc., Vero Beach, FL Vice President and General Manager Accomplishments and responsibilities: Manage computer consulting firm specializing in system design and improvement for individuals, professionals, and small businesses. 1991-2002 Indian River County Property Appraiser, Vero Beach, FL Director - Long Range Planning Accomplishments and responsibilities: Virtually single-handedly brought an office with a staff of 45 from a very few stand-alone PCs to a smooth -running, tightly integrated 21st century networked environment at extremely low cost and without the use of outside consultants or labor. Liaised and networked with other county agencies and initiated first taxpayer services via the internet. 1987-1991 Vero Technologies, Vero Beach, FL — Owner of local computer sales/service firm 1982-1986 MG International, Beijing, China / Washington D.C. Partner, then Owner of high tech trading firm 1967-1982 General Motors — several divisions — primarily Euclid/Terex (construction/mining equipment) various management and technical positions beginning as a high school co-op student and ending as Director - China.Trade, GMC Truck & Coach Education Summary Post -Graduate: University of Akron - Akron, Ohio Completed 75%, of MBA - Marketing/Finance program before moving to China required leave of absence. 4.0 cumulative grade average. Under -Graduate: General Motors Institute of Engineering & Management (now Kettering Univ.) Flint, Michigan Bachelor of Industrial Administration, Majors: Engineering and Management Five year, co-op education allowed detailed exposure to virtually every aspect of business. Honors: Dean's List. Scored 98th percentile Law School and General Management Aptitude Tests Community Involvement City of Vero Beach Utilities Commission — Current Member City of Vero Beach Planning and Zoning Board — Former Member (19 years) Indian River County School Board - Audit Committee — Former Member Indian River Memorial Hospital — Former Member, Finance Committee Indian River County Hospital District — Former Member, Planning Committee Indian River County Community Health Network — Former Member Taxpayers' Assn. of Indian River County — Director and former Vice President Various Rotary Clubs in Vero Beach — Past Director and Secretary (current affiliate) 140 RECEIVED INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT OCT p 9 2020 Last - First Name Name_ iGeorge & Middle Init; oseph L. BOARD OF CO rrrY 1V1lVHSStON Today's Date: (09/28/, 2) Email Address: *leogeorge11 @gmail.com Home Address (No P.O. Boxes): ,5584 55th Terrace Home Phone: NA Work Phone: NA i Cell Phone: 1502-386-20901 How long have you been a resident of Indian River County? 8 years Are you a full or part time resident? Check one: Full Time ❑✓ Part Time ❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Retired with the follow experience: Executive level administrative experience including financial management of multi-million dollar entities; human resources management; budgeting; nonprofit endowment management. Retired from Federal Government (12 years); Most recent as QA Statistician US Census Bureau Please list any licenses you presently hold: None Active Please list any organization of which you are currently a member: Auxilliary Services, Cleveland Clinic, Indian River Hospital—Chaplain at Scully Welsh Cancer Center. Interfaith Council, Indian River County Volunteer, Jimmy Graves Foundation Please list any other committees or boards you currently sit on: Continued on next page 141 Place ; 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 El CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL D ENVIRONMENTAL CONTROL HEARING BOARD Ll INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY ',Please grin#arid return:the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print I 142 Short Biography J. Leo George, PhD RECEIVED OCT 0 9 2020 BOARD OF COUNTY COMMISSION Leo comes with a wealth of education and experience. He has a drive and passion for assisting other organizations in accomplishing their strategic goals. He and his wife, Linda, moved to Vero Beach in April 2012. They own their home located in the Vero Lago HOA community, where they built a home in 2016. Leo is active in his local church and serves on three committees. He leads in Bible studies and relates to community nonprofits supported by his church.. Leo graduated from Arkansas State University with a BA degree in General Business with a minor in Management. He went on to earn a Master of Arts in Religious Education and a PhD.in Church Administration with a minor in Higher Education Administration. Leo ministered for over twenty-five years in churches in Arkansas, Texas and Kentucky. He also worked a number of years in the US Postal Service, Sears Holding, Joseph A. Bank, and other retail organizations. Leo was reared on a cotton farm in northeast Arkansas and was the eldest of five children. His father was a sharecropper and his mother a homemaker, nurse, financial advisor, and referee. Life on the farm in the 40's and 50's contributed greatly to building character for him. Leo knows what it is to be poor and needy, but also manages his own household wealth as an example of a good and faithful steward. Shortly after high school graduation, Leo married Linda Foster, and they both were blessed with two wonderful children, who graced them with several grandchildren and two great- granddaughters. Leo served in the United States Army, stationed in West Germany, where he reached the rank of Specialist Fifth Class, E-5. Through Leo's years of connecting with thousands of people from all walks of life in three states and across the globe, he is well-suited for the any tasks that should come his way. 143 Joseph Leo George 5584 55th Terrace Vero Beach, Florida 329687 502-386-2090, Cell Jeogeorge l I@gmad.com RECEIVED OCT 0 9 2020. BOARD OF COUNTY COMMISSION Objective I am fully retired and seeking a part time or volunteer position with responsibilities where I will be able to use my education, skills, and years of experience to their fullest extent and one that will allow me to provide added value to the organization. I am a well-educated male with over fifty years' experience in the public for profit, General non-profit, and government arenas. I am a US Army veteran, having served three Experience Years during the Vietnam Era, European Theatre. I am experienced in the following areas: • General Business Administration—Undergraduate degree and many years experience using the principles studied in this degree program. • Financial Management --Managed organizations with millions of dollars in revenue. Directed all budgeting, investing and expending of those funds. • Human Resources= --Have an above average knowledge of Human Resources laws and practices in both the public and private sector of the business world. Developed, wrote and implemented Policy and Procedure Manuals as well as initiated Employee Performance Evaluation programs for organizations. • Law enforcement—over four years a deputy sheriff. • Sales—More than fifteen years retail sales/management experience. Specific October, 2013 – August, 2019 Joseph A. Bank Experience February, 2012 –October, 2013 Unemployed October, 2012 – February, 2013 Dillard's Vero Beach, FL, Sales March, 2008 – April, 2012 Deputy Sheriff, Louisville, KY 2009 – 2011, Census Bureau, NPC Statistical Assistant • Adjudicated census and other special survey data. • Maintained proficiency in Statistical Methods, Survey Procedures and Reports. • Created summary reports for sponsoring entities. 1997-2009 Sears Holding Pricing Lead Louisville, KY • Responsible for pricing integrity, promotion and presentation standards. • At one time, managed as many as 40 employees. 144 " -gj Joseph Leo George 1997-1998 Kentucky Financial Group Louisville, KY Financial Advisor • Obtained licenses to sell insurance, securities and. investment plans. Stayed in this position for seven months. 1999-2000 Parr's Rest, Inc. Louisville, KY Business Manager • Managed the finances --- dealing with Medicare and Medicaid residents as well as Private Pay residents. • Did intakes of newincoming residents and followed up with residents who needed extended levels of care in other facilities. 1992-1997 Walnut Street Baptist Church Louisville, KY Church Administrator • Managed the finances of the church, totaling over $4 million dollars. • Gave direction 'to establishing and funding an endowment of over '$ l million. • Assisted the Senior Pastor in conducting capital fund campaigns which raised over $3 million dollars. • Supervised a full and part time staff of over fifteen employees. 1986-1992 Birchman Baptist Church Fort Worth, TX Church Business Manager • Managed the finances of the church, totaling, over $6 million dollars. • Assisted the church leadership in raising over $4 million to build a new 2400 -seat worship center. • Assisted the senior pastor in managing over 20 full and part time staff members. • Supervised a facilities and food services staff of ten employees. • Bachelor of Science in Business, Arkansas State University, 1972 Education • Master of Arts, Religious Education, Southwestern Seminary, Fort Worth, Texas, 1985 • Doctor of Philosophy, Church Business Administration, Southwestern Seminary, Fort Worth, Texas, 1991 • Post Graduate work, University of North Texas, Denton, 1990-91 • Certified Capital Fund Raising Consultant, Arkansas. Baptist Convention, Professional 1983 Credentials • Certified Financial Planner, State of Kentucky, 1997 • Adjunct Teaching Faculty, Southern Baptist Seminary, Louisville, KY • Certified Fellow in Church Business Administration, NACBA, 1982 .• Special Deputy, Jefferson County, Kentucky Sheriff s Office 145 Professional Credentials ► Served in various church staff positions in Arkansas, Texas, and Kentucky for over twenty- five years. The last position before retiring -from full. time, ministry was Church Administrator, Walnut Street Baptist Church, Louisville, Kentucky. Since retiring from full time church -related vocation, 1. have remained in -the work force using my administrative skills in such areas as Personal Care, Financial Services and Retail Management. 10- Sears, Oxmoor Center Mall, from December 1997 until retiring at end of March 2009. ► Employed as a. Substitute 'Leacher in Oldham County Public School district during 2-009. ► Employed by the US Census Bureau as a Statistical Assistantfrom October 26, 2009 until July 1, 2011. 'Mis was a full time two-year commitment that actually ended a few months earlier than expected. ► Certified as a Capital Fund Raising Consultant in Arkansas, 1983 110,Certified Financial Planner in State of Kentucky in 1997. ► Writer of various education and administration periodicals for Sou"thern Baptist Convention 1 Adjunct teaching faculty, Southern 13aptist 'llcologicai Seminary; Louisville, Kentucky in field of Church Business Management. ► Over twenty years counseling experience. Certified Fellow iri Church Business Administration, NACBA 1982 ► Reserve Deputy Sheriff, Jefferson Count)- Sheriffs Office, 2008 =until moving to, Vero Beach in April 2012. Education: • Bachelor of Science in Business, Arkansas State University, 1972 • Master of Arts, Religious Education, Southwestern Seminary, Fort Worth, Texas, 1985 • Doctor of Philosophy, Church Business Administration, Southwestern. Seminary, Fort Worth, Texas, 1991 Post Graduate work, University of worth Texas, Denton, 1990-91 Other personal and work history, along with references will be provided upon'specific requests from inquiring companies. 146 CLERK TO THE BOARD INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 18, 2020 FROM.: Terri Collins -Lister, Value Adjustment Board Clerk SUBJECT: Resignation of Jim Kordiak, as Citizen Member Appointee to the Value Adjustment Board Mr. Jim Kordiak has tendered his resignation as Citizen Member Appointee to the Value Adjustment Board, effective March 18, 2020. Anyone interested in.serving on the Value Adjustment Board as the Citizen Member (must own homestead property within the County, F.S. 194.015), who meets the requirements, will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 180127 th Street, Vero Beach, FL 32960. Applications can be accessed online at www.ircgov.com/Boards/Committee Application.pdf or the Board of County Commissioner's Office. 147 Iul;I►to] :L INDiliul TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: October 12, 2020 RE: Public Notice of Public Hearing Scheduled for October 28, 2020 to Consider the Adoption of an Ordinance to Create a New Section under Chapter 1100 (Economic Development Ad Valorem -Tax Exemption for PCP Tactical, LLC) of the Code of Indian River County - LEGISLATIVE The Board of County Commissioners will hold a Public Hearing on Wednesday, October 28, 2020, at 2:00 p.m. or as soon thereafter as the matter may be heard, to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION 1100.15 (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION GRANTED TO PCP TACTICAL, LLC ("BUSINESS")) OF CHAPTER 1100 (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF TITLE XI (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) OF THE CODE OF INDIAN RIVER COUNTY GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO PCP TACTICAL, LLC; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 180127th Street, Vero Beach, Florida 32960. /nhm 148 M1_ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Bill Schutt, AICP; Chief, Long Range Planning FROM: Matt Kalap; Planner, Long Range Planning DATE: October 2, 2020 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 October 20, 2020. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: November 3. 2020 Consideration of an Ordinance of Indian River County, Florida, amending the Zoning Ordinance and the accompanying Zoning Map for approximately ±19.32 acres located approximately +/- 870 feet west of 66th Avenue and north of 16th Street, from RM -6, multiple -family residential district (up to 6 units/acre), to RM -8, multiple -family residential district (up to 8 units/acre); and providing codification, severability, and effective date. [Quasi -Judicial] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No. action is needed at this time. 149 lad �RI`rER CD c G�Office of the INDIAN RIVER COUNTY * . * ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator TO: FROM: DATE: SUBJECT: BACKGROUND MEMORANDUM Members of the Board of County Commissioners Brian Sullivan Legislative Affairs & Communications Manager October 14d', 2020 2021 Florida Legislative Session Priorities The 2021 Florida Legislative Session will begin on March 2nd, 2021. Committee meetings will likely begin in early January. Prior to each Florida Legislative Session, the Indian River County Board of County Commissioners considers and ultimately adopts the County's legislative . priorities for the upcoming Session. Generally, this process is completed in two steps: First, County staff prepares a presentation of the accomplishments and shortcomings of the previous Session while also providing recommendations for the upcoming Session. During this presentation, the Board of County Commissioners deliberates those staff recommendations and also provides additional legislative issues that impact Indian River County. Second, after the first meeting is completed, County staff prepares a proposed final version of the County's legislative priorities to be further considered by the Board of County Commissioners and ultimately adopted. Upon adoption of the Indian River County 2021 Legislative Priorities, County Commissioners and County Staff are authorized to advocate in support of those priorities before the Indian River County Legislative Delegation and the Florida Legislature as a whole. 150 RECOMMENDATION IndianRiver County Staff recommends the Board of County Commissioners provide direction and guidance to Staff as it works to complete the Indian River County 2021 Legislative Priorities. ATTACHMENTS - Indian River County Preliminary 2021 Legislative Priorities 151 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 2021 State Legislative Program 152 Table of Contents Guiding Principles 4 Priorities Indian River Lagoon 4 High Speed Passenger Rail 5 Beach Restoration and Nourishment 6 Broadband Internet Service 7 Short -Term Vacation Rentals 8 State Housing Initiatives Partnership (SHIP) Funds and Affordable Housing 9 Concerns Finance and Tax Policie 10 Millage Rates 10 Communications Service Tax 10 Shared Revenue Sources 10 Tax Reform 10 Local Preemption on Business Regulations and Taxes 10 Local Government Fiscal Responsibility 10 Constitutional Officers 10 Economic Development 10 Tourist Development Tax 10 Fuel Taxes 10 County Funding of Court -Related Costs 11 Funding Judicial Responsibilities 11 Administration Policies 11 Local Government Accountability and Transparency 11 Local Government Administration 11 State of Emergency 11 Health, Human Services and Public Sad, Policies 11 Medicaid Services 11 Coverage for Emergency Services 11 Medical Examiners 11 First Responders 12 Emergency Shelters— Reimbursements 12 Housing Assistance 12 Certificates of Public Convenience and Necessity (COPCN) 12 School Resource Officers 12 Environmental Resources and Water Policies 12 Fracking 12 Septic to Sewer 12 Water Infrastructure Grant 12 Derelict Vessels 12 Green Space Funding 12 Growth Management and Infrastracture Policies 13 Growth Management 13 Florida Building Commission 13 Impact Fees 13 Municipal Service Areas 13 Historic Dodgertown 13 153 F] I Guiding Principles . -- --- -- --____-.--------- The ability to maintain home rule and to avoid unfunded mandates are central to Indian River County's state legislative priorities and concerns. Indian River County works with the Florida Association of Counties (FAC) and other local governments across the State of Florida to advocate for these ideals. In general, Indian River County Board of County Commissioners (BCC) supports FAC's legislative policy statements. Indian River County BCC SUPPORTS maintaining the integrity of county home rule power, both adminis- trative and fiscal, which allows counties to develop and implement community-based solutions to local problems.. Indian River County BCC OPPOSES any unfunded mandate legislation which would compel local govern- ments to provide a service, program, or benefit without providing the appropriate monies or a funding source. 154 Legislative Priorities And The County's Position 1. Indian River Lagoon Background: The 156 -mile -long Indian River Lagoon ("Lagoon") is one of the most biodiverse ecosystems in the nation and is a treasure for the State of Florida. The Lagoon provides an economic benefit by promoting tourism and creating recreational opportunities for residents. The Lagoon is also an important element in the protection of our environment, including endangered and protected plant and animal populations. As guardian of 22 miles of the Lagoon, Indian River County ("County") has been a pioneer for the development and deployment of new water quality technologies. Using a mixture of Optional Sales Tax, Utilities funds, and grant funding, the County has invested over $29 million dollars on four infrastructure projects aimed at improv- ing the health of the Lagoon. Collectively, the County's projects have removed over 128,000 pounds of Total Nitrogen and over 29,000 pounds of Total Phosphorus from canals which lead to the Lagoon. The County hopes to continue its partnership with the State of Florida on future ventures that will reduce the nutrient load in the Lagoon so future generations can enjoy this natural wonder. Position: Indian River County BCC SUPPORTS policies that will enhance the economic wellbeing of Indian River County by treating and monitoring the health of the Lagoon; and SUPPORTS funding for projects, in- cluding septic to sewer conversions, that will aid in protection of the Lagoon. 155 4 2. High -Speed Passenger Rail Background: Higher speed passenger rail is a relatively new industry to the State of Florida and includes passen- ger trains which travel, or intend to travel, at more than 79 miles per hour. Unfortunately, since arriving to Flori- da in January of 2018, this new industry has produced the highest per -mile death rate of railways throughout the entire nation and has accounted for more than 40 fatalities involving higher -speed passenger trains. Accordingly, it is imperative that the State of Florida implement the statutory structure to hold railroads operating passenger rail service accountable for the highest degree of safety improvements. In 2020, Senator Debbie Mayfield and Representative Tyler Sirois introduced legislation which would have clari- fied the duties of FDOT with respect to higher -speed rail and which would have also implemented certain safety standards for those rail corridors utilized by higher -speed trains. The legislation received one committee hearing in the Senate and did not receive any committee hearings in the House. In 2021, it is our hope that the Legisla- ture and FDOT will recognize the need to be proactive and offer efficient and effective regulation of an evolving industry poised for future expansion throughout the state. Position: Indian River County BCC SUPPORTS legislative and executive branch advocacy efforts to regulate passenger rail in order to protect the State of Florida's citizens, local governments, wildlife, waterways, and natu- ral environment; and OPPOSES any effort to shift the cost burden of operating and maintaining passenger rail onto local governments or the State of Florida. 156 3. Beach Restoration and Renourishment Background: ,The Florida Department of Environmental Protection has a Beach Management Funding Assis- tance Program to protect and restore the state's beaches. Erosion leaves miles of beaches, public infrastructure and upland development vulnerable to the next storm event as well as impacting tourism. Currently, beach re - nourishment is funded via documentary stamps along with countless other programs. This leaves beach renour- ishment projects fighting every year for a very small piece of a large pie. Indian River County, like its sister counties to the north and to the south on Florida's east coast, has a natural nearshore hardbottom resource. This resource is classified as an essential fish habitat. It provides foraging and breeding grounds for juvenile fish. Indian River County's beach management plan is specifically customized to maximize the fill while minimizing the impact to the nearshore hardbottom resource. Position: Indian River County BCC SUPPORTS the creation of a newly dedicated and reoccurring statutory funding source for beach restoration and renourishment projects. 157 4. Broadband Internet Service Background: The lack of broadband internet service in rural and underserved areas has been highlighted due to the COVID-19 pandemic forcing many individuals to either work remotely from home or attend virtual school from home. It is imperative that these rural and underserved areas contain the infrastructure and service capability necessary to provide efficient internet service to residents. In 2020, the Florida Legislature established the Office of Broadband within the Florida Department of Eco- nomic Opportunity. The Office of Broadband was created to work with local and state government agencies, community organizations, and private businesses to increase the availability and effectiveness of broadband In- ternet throughout the state, specifically in small and rural communities. By working with the Legislature, the Office of Broadband, and community stakeholders, Indian River County hopes to implement programs that will aid in providing efficient internet service to the rural and underserved communities within the County. Position: Indian River County BCC SUPPORTS legislation which directs the Office of Broadband to expand access to effective broadband internet service in rural and underserved areas; and SUPPORTS funding for programs and initiatives that promote access to effective broadband internet service in rural and underserved areas. 158 5. Short Term Vacation Rentals Background: Section 509.013, Florida Statutes, defines a transient public lodging establishment (aka short-term vacation rental) as a property that is rented more than three times a year for less than 30 days at a time. Local governments were preempted from regulating vacation rentals in 2011. This legislation included a provision that "grandfathered" any ordinance regulating vacation rentals prior to June 1, 2011. The language was amended in 2014 to allow local governments to regulate short-term rentals through life safety and building codes, as well as other codes specific to vacation rentals. However, local governments are still prohibited from regulating the du- ration and frequency of these rentals. In 2015, Indian River County formed a.committee which included a vacation rental owner and a real estate agent to discuss short-term vacation rentals and the impact they have on our community. Based upon the committee's recommendations, the Board of County Commissioners approved an ordinance that requires short-term vacation rentals to register with the County, show proof of registration with the DBPR and pass a simple inspection per- formed by a code enforcement officer to verify that the vacation rental has working smoke alarms (carbon mon- oxide detector also if they have gas appliances), a charged fire extinguisher and an emergency light if the power goes out. The vacation rental is inspected to make sure it has the basic "good neighbor" information such as days of the week for trash collection and recycling, parking restrictions and owner/agent contact information. Parking is restricted to the existing garages and driveways, just as with an ordinary residence. Enforcement, including noise complaints, is carried out through the County's code enforcement process, just like complaints from an ordinary residence. Last year, a bill was introduced at the Florida Legislature which would have preempted all local ordinances as they relate to short-term vacation rentals. While the bill was unsuccessful, it will likely be reintroduced in the 2021 legislative session. Position: Indian River County BCC OPPOSES policies that would preempt a local government's ability to have local ordinances related to vacation rentals. 159 a 6. State Housing Initiatives Partnership (SHIP) Funds and Affordable Housing Background: The Florida Housing Finance Corporation (FHFC) is a public corporation that is housed with- in the Department of Economic Opportunity. The goal of the FHFC is to increase the supply of safe, af- fordable housing for individuals and families with very low to moderate incomes. To do this, the FHFC uses federal and state resources to finance the development of affordable homes and assist first-time homebuy- ers through various programs. Some of the key programs that are administered by the FHFC include the State Housing Initiatives Partnership (SHIP) Program, which receives approximately two-thirds of the funding; the State Apartment Incentive Loan (SAIL) Program, which receives about 20 percent of the funding, and other programs, including the Predevelopment Loan Program (PLP), the Homeownership Assistance Program (HAP), the Affordable Housing Guarantee Program, and the Catalyst Training and Technical Assistance Program. The FHFC receives funding for its affordable housing programs from documentary stamp tax revenues pursuant to the William E. Sadowski. Act ("Act"). The Act calls for funds to be generated from: (a) additional revenues from a 10 -cent increase in the documentary stamp tax rate imposed on real estate trans- fers; and (b) a re -allocation of ten cents of the existing documentary stamp tax revenues from general revenue to the affordable housing trust funds beginning in FY 1995-96. The funds are then distributed to the State Housing Trust Fund and the Local Government Housing Trust Fund. In years past, the Florida Legislature has transferred the unused funds in the State Housing Trust Fund and the Local Government Housing Trust Fund to the General Revenue Fund pursuant to Section 215.32(2)(b) 4.a., Florida Statutes. This has significantly impacted local governments and their ability to assist their con- stituents by providing the above -referenced programs as they were designed. Position: Indian River County BCC SUPPORTS allocating the full amount of dedicated documentary tax reve- nues for state and local affordable housing programs; SUPPORTS investing in affordable housing to create jobs in home repair, hardening homes; retrofitting and constructing affordable rental units, and lowering the energy costs to make housing more affordable; and SUPPORTS exempting the State Housing Trust Fund and the Lo- cal Government Housing Trust Fund from a provision authorizing the Legislature, in the General Appropria- tions Act, to transfer unappropriated cash balances from specified trust funds to the Budget Stabilization Fund and General Revenue Fund, etc. 160 9 Legislative Concerns And The County's Position Finance and Tax Policies 1. Millage Rates • Indian River County BCC OPPOSES policies that will negatively change the formula for calculating a local government's maximum millage rate; and OPPOSES policies that prohibit local governments from redeem- ing earned rolled back credits. 2. Communications Service Tax • Indian River County BCC SUPPORTS policies that (1) modernize the Communication Service Tax in a manner that is revenue neutral; (2) simplify administration and collection of the tax; (3) provide for a broad and equitable tax base; provide for enhanced stability and reliability; and (4) provide the opportunity for mar- ket-based application. 3. Shared Revenue Sources • Indian River County BCC SUPPORTS policies that consider impacts to the state revenues shared with counties for the provision of local services; and OPPOSES permanent modifications to state shared revenue sources or related funding formulas that would significantly impact the counties' ability to continue to fund local services. 4. Tax Reform • Indian River County BCC SUPPORTS tax reform measures that simplify administration, enhance effective- ness to meet current and future public service demands, and provide an economic boost to Florida's taxpay- ers while at the same time consider and minimize the collective and cumulative negative impacts on local rev- enues. 5. Local Preemption on Business Regulation and Taxes • Indian River County BCC OPPOSES policies that would remove the authority for counties and municipali- ties to increase business tax rates or to impose additional business taxes in the future. 6. Local Government Fiscal Responsibility • Indian River County BCC OPPOSES policies that would negatively impact the collection of ad valorem tax- es and other revenue sources. 7. Constitutional Officers • Indian River County BCC SUPPORTS policies that provide adequate state funding for constitutionally pre- scribed county officers that are required to perform duties on behalf of the State of Florida. 8. Tourist Development Tax • Indian River County. BCC OPPOSES policies that mandate tourist development funds be diverted away from local communities, or impair the County's use of the funds for local tourist development. 9. Fuel Taxes • Indian River County BCC SUPPORTS indexing local option fuel taxes to annual adjustments of the Con- sumer Price Index. 161 10 10. County Funding of Court —Related Costs • Indian River County BCC SUPPORTS policies to remove the automatic 1.5% increase in funding for Court related functions; and SUPPORTS policies to increase the service fee charged for recording documents and instruments pursuant to s. 28.24(12)(e), F.S., from $4.00 to $8.00, so that $6.00 of the fee distributed to county commissions to help fund court -related technology and technology needs as mandated by s. 29.008(1)(0(2), F.S. 11. Funding judicial Responsibilities • Indian River County BCC OPPOSES the use of local revenue sources to fund the State of Florida's judicial responsibilities. Administration Policies 12. Local Government Accountability and Transparency • Indian River County BCC SUPPORTS policies that promote the provision of accurate and accessible ad- ministrative and fiscal public information in a manner that is fiscally responsible, publically comprehensible, technologically efficient, and that does not constrain the effective administration of local services. 13. Local Government Administration • Indian River County BCC SUPPORTS policies related to retirement, workers' compensation and other ad- ministrative systems based on sound and accurate data analyzed with consideration for state and local fiscal impact, fairness and accessibility for state and local employees, as well as, predictability and stability relative to market forces for the long-term effective management of state and local financial plans. 14. State of Emergency • Indian River County BCC OPPOSES policies that would inhibit the County's ability to provide services to the community immediately following a natural disaster including, but not limited to, employment policies. Health, Human Services and Public Safety Policies 15. Medicaid Services • Indian River County BCC SUPPORTS policies to establish a 3% cap on growth in the individual county Medicaid costs under s. 409.915, F.S., SUPPORTS the provision determining the rate of overall growth of the County Medicaid cost share be maintained at 50% and not be changed to 100% of the rate of growth in the State Medicaid expenditures; and OPPOSES efforts to further shift state Medicaid costs to counties. 16. Coverage For Emergency Services • Indian River County BCC OPPOSES policies that would negatively impact the Indian River -County Emer- gency Services District's ability to be reimbursed for providing advance life services and basic life services to patients who have out -of -network providers. 17. Medical Examiners • Indian River County BCC OPPOSES policies that prohibit medical examiners from charging a fee for exami- nation and autopsy services that a medical examiner is required to perform by law for cremation services. 162 11 19. First Responders • Indian River County BCC SUPPORTS the use of Critical Incident Stress Management Plans to assist first responders with psychological traumas including post-traumatic stress syndrome. 20. Emergency Shelters— Reimbursements • Indian River County BCC SUPPORTS policy changes that allow school boards, municipalities, or other emergency sheltering entities to directly seen reimbursement from FEMA for emergency sheltering. 21. Housing Assistance • Indian River County BCC OPPOSES policies that require the establishment of a local government risk mid- gation program. 22. Certificates of Public Convenience and Necessity (COPCNI • .Indian River County BCC OPPOSES policies relating to COPCNs which would negatively impact the County's Emergency Services District's ability to provide services. 23. School Resource Officers • Indian River County BCC SUPPORTS the creation of a new dedicated and recurring statutory funding source to fully fund School Resources Officers (SRO) positions in all public schools. Environmental Resources and Water Policies 24. Frackin� • Indian River County BCC OPPOSES state preemption of fracking activities; OPPOSES policies that create a public records exemption for proprietary information provided by drilling companies to the Florida Depart- ment of Environmental Protection ("FDEP") through FDEP's online chemical disclosure registry; and SUP- PORTS the ability of local governments to adopt local moratoriums on all new well stimulation activities, including hydraulic fracturing and acidization. 25. Septic to Sewer • Indian River County BCC SUPPORTS an Indian River Lagoon and Caloosahatchee River 50/50 grant matching program in support of septic to sewer conversions to include all of the communities along the Indi- an River Lagoon. 26. `dater Infrastructure Grant • Indian River County BCC SUPPORTS the Department of Environmental Protection's budget request for $50 Million from General Revenue for projects that will address septic system and stormwater pollution in the Indian River Lagoon, and ensure that our coastal communities have a resilient water supply. 27. Derelict Vessels • Indian River County BCC SUPPORTS policies that would streamline the process to remove derelict vessels from the waterways of the State of Florida; and SUPPORTS revised statutory authority and continued state funding for the enforcement and removal of derelict vessels, with emphasis on chronic offenders. 28. Green Space Funds • Indian River County SUPPORTS policies that add conservation lands to the list of greenspace areas eligible for funding related to management and the removal of exotic and nuisance native vegetation. 163 12 Growth Management and Infrastructure Policies 29. Growth Management • Indian River County BCC OPPOSES policies that would require local governments to incorporate additional goals, objectives, policies or elements into its comprehensive plan. 30. Florida Building Commission • Indian River County BCC SUPPORTS policies that promote a fair and balanced Florida Building Commis- sion which includes members from all of the industries regulated by the Florida Building Code, and OPPOSES policies that seek to limit the representatives on the Florida Building Commission. 31. Impact Fees • Indian River County. BCC OPPOSES policies that would prohibit the collection of impact fees no earlier than the issuance of the certificate of occupancy. 32. Municipal Service Areas • Indian River County BCC SUPPORTS policies that provide where a county has, by ordinance, established one or more utility service areas in the unincorporated area and where the county has the current ability to provide service, a municipality may not provide utility services within such county service area(s) without con- sent of the county. 33. Historic Dodgertown • Indian River County BCC OPPOSES policies that would (1) inhibit the County's ownership rights or ability to use the Historic Dodgertown or (2) negatively impact the County's bonds associated with the Historic Dodgertown. 164 13 /'�9�. Indian River County, Florida Department of Utility Services Board Memorandum Date: October 13, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John Boyer, PE, Utility Engineer Subject: Shadow Brook Subdivision Proposed Water Assessment Project Resolution I and II Background/Ana lysis: On July 7, 2020, under Consent Agenda Item 8-G, the Indian River County Board of County Commissioners (BCC) unanimously authorized staff to proceed with the petition, survey and engineering design, and permitting for the Shadow Brook Subdivision water assessment project. See Attachment 1 for a map of the area. The BCC also directed staff to proceed with the resolution process of the proposed assessment project. The Shadow Brook Subdivision water assessment project has 15 benefitting parcels, 2 of which have signed Temporary Water Service Agreements — see attachment 2. According to current tax records, the 15 parcels are single family homes. The proposed 6 -inch water main will connect to the existing 20 -inch main on the west side of 58th Avenue. The total project cost is estimated at $126,000, which includes construction, surveying, engineering, administration and inspection. Therefore, an equal per parcel cost of $8,400.00 will be levied on all 15 benefitting parcels. This does not include other connection fees such as -impact fees, deposits, etc. A Providing Resolution (Resolution 1) is shown in Attachment 3 and presented for adoption by the BCC. A Setting Resolution (Resolution II) is shown in Attachment 4 and is presented for adoption by the BCC to hold a public hearing about the project, overall costs, and the amount of the assessment for each property owner in the benefiting area. Pending BCC approval, a public hearing will be scheduled for Tuesday, December 8, 2020, at 9:05 am in the Indian River County Commission Chambers. A preliminary assessment roll and assessment plat have been prepared and are on file with the Clerk to the BCC and the Indian River County Department of Utility Services (IRCDUS). If the BCC adopts Resolutions I and II, staff will follow procedures for newspaper publications and will notify residents by mail to inform them of the preliminary assessment roll and the public hearing. 165 Funding: Funds for this project are derived from the Assessment Fund. Assessment fund revenues are generated from connection fees paid by the benefitting property owners. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Shadow Brook Subdivision Water Assessment 1 473-169000-20529 $126,000 Recommendation: The staff of the Indian River County Department of Utility Services recommends the following: 1) :Adopt Resolution I providing for the installation of the water main within Shadow Brook Subdivision, subject to the terms outlined in the resolution. The Board of County Commissioners shall establish the applicable interest rate at the time the final assessment roll is approved. 2) Adopt Resolution II setting the time and place of the Public Hearing on Tuesday December 8, 2020, at 9:05 am, in the Indian River County Commission Chambers. Attachments: 1. Assessment Area Map 2. Temporary Water Service Agreements 3. Providing Resolution (Resolution No. 1) 4. Setting Resolution for Public Hearing (Resolution No. II) 5. Assessment Roll 166 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES Attachment 1 (V PROPOSED WATER ASSESSMENT 1611797 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1827 PG: 1547, 01/26/2005 03:10 PM Attachment 2 c q m AGREEMENT Re: TEMPORARY WATER SERVICE CONNECTION AND PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM -q w THIS AGREEMENT, effective this t Y of Jan y s- ,., o r� Y January, 2005 b and between INDIAN RIVER COUNTY, a political subdivision: of the State of Florida, 1840 25'h Street, Vero Beach, Florida 32960 (COUNTY) and MARY JANE FIORELLA TODD, whose address is 3426 • 8 Shadow Brook Ln , Vero Beach, Fl 32966 (OWNER). y (OWNER). BACKGROUND RECITALS A. OWNER desires to have temporary waterservice ("temporary connection') made available to property located at 3426 Shadow Brook Ln, Vero Beach, Florida, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Property") before the COUNTY installs water services, in Shadow Brook Subdivision. B. COUNTY requires the OWNER to pay certain fees immediately at the time of the installation of temporary connection and to participate in certain costs of the special assessment line when the COUNTY undertakes the special assessment project, NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt of which is hereby acknowledged, COUNTY and OWNER agree as follows: I . The background recitals are true and correct and form a material part of this Agreement. 2. OWNER shall pay, on signing this Agreement, the following amount per Equivalent Residential Unit (ERU): Capacity Charge $1,300.00 Tap Fee 1 inch $460.00 Security Deposit $50.00 Recording Fee (This Agreement) $35.50 Meter Fee 1 inch $250.00 Inspection Fee $25.00 Total $2,120.50 3. COUNTY shall make service available for OWNER from a water main on 58th Avenue (Kings Highway), and OWNER shall make a connection from the Property to a temporary water connection point of COUNTY'S choosing. When service is available from the special assessment line, OWNER may be required to disconnect from the temporary connection and to reconnect to the special assessment line. Any such reconnection shall be at the sole expense of the OWNER, except that the OWNER shall not have to pay the capacity charge, security deposit, or meter fee again. Page t of 4 F: WtilgiMViIIJTY • EMPIAYCII POlDARStOmr CltanaintTODDTen� Water Agreement S!!AI?OW BAOOIC NB.doc (Fmm grpevM try COWIY Anvmey tM Vtileia OCFatment :/2003) 168 https:llori. i ndian-river.org/search/index?theme=. blue§ion=searchCriteri aName&q u ickSearchSelection=# BK: 1827 PG: 1548 4. Whether OWNER is required to reconnect to the special assessment line or remain connected to the temporary connection, OWNER shall participate in the cost of the special assessment project for line extension charges and other costs related to the special assessment. By accepting the temporary connection, OWNER waives any right to contest the receipt of special benefit from the special assessment project. In addition, OWNER's signature on this Agreement may be considered to be an affirmative vote for construction of the special assessment line. 5. This Agreement shall be recorded in the official records of Indian River County, Florida, and shall be a covenant running with the land. This Agreement shall bind the OWNER, jointly and severally, and the OWNER'S heirs, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as of the date first written abov . Sign 'w`y--�a_ By G !1� Witness bMary Fane Fiorella Todd Printed name W��J, Witness Printed naNnt-4Afl!�:S -;�, 6 4 S%/4/; STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this d.t7 day of January, 2005, by Mary Jane Fiorella Todd, who is personally known to me or who produced a Florida Driver's License as identification. NOTARY PUBLIC Sign �� �•u-� Printed name S'TQ�}� iLa� I- hQN Stamped Seal Sc Commission Expiration Date STEVMBEIESsSB:IDMEH.Lyw MuD.O2D0N00sT25 6'!5 INDIAN RIVER COUNTY, FLORIDA 'r4a'"ySW*iM&Bonaa W" By its Board of County Commissioners By County Administrator Page 2 of 4 F.\U9i1hk,kUr1LrrY -EMPLOYER FOLDEPMDM Clrvtein%TODDTe wan AS n SHADOW BROOK SUB doe (Fo Wp—d by Carry Ate and U ilkm Dap— 220021 169 https:llori. indian-river.org/search/index?theme=. blue§ion=searchC riteria N ame&quickSearchSelection=# SK: 1827 PG: 1549 Approved by BCC -x- *County Administrator authorized to sign for the Board of County Commissioners by Resolution No. 2003-151 dated December 2, 2003 ARPrved for form and legal S iciency: Approved for Utilities matters: y l'.cfu.ws �� By County Attorney til i hector Page 3 of 4 F:\UdlNiu\UTJ by SMFWYplg FOIdEfti AD CGu1aI2nW21Trnq Wpv Apce�mS/iADpW BRVOKSUB .doe jForm epp�ovM DY Com�Y Aaamey and UIiN1io nepuemnrt :/:003] . 170 https://ori. i ndian-river.org/search/index?theme=.blue§ion=searchC riteri a N ame&quickSearchSelection=# BK: 1827 PG: 1550 (Legal Description: EXHIBIT "A" SHADOW BROOK SUBDIVISION LOT 20, according to the plat thereof, as recorded in Plat Book 9, Page 17, of the Public Records of Indian River County, Florida Parcel Number: 32 39 32 00010 0000 00020.0 Property Address: 3426 SHADOW BROOK LN VERO BEACH, FL 32966 Exhibit - A F,�uwhiewTtLrrY• EMPLOYEE FOLDERSUO CAnitiioNTODDT—VW—Ag—MSHADOWDAOOKSVD.A- 171 https://ori. ind i an-river.org/search/index?theme=.blue§ion=searchCrited a N ame&quickSearch Selection=# 1650571 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1879 PG: 39, 05/24/2005 10:37 AM Attachment 2 3,, 5D AGREEMENT Re: TEMPORARY WATER SERVICE CONNECTION AND PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM THIS AGREEMENT, effective this _ day of May, 2005 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 251h Street, Vero Beach, Florida 32960 (COUNTY) and LEONARD J & CONSTANCE RATALA, whose address is 5865 34TH Street , Vero Beach, F132966-6518 (OWNER). (OWNER). BACKGROUND RECITALS A. OWNER desires to have temporary water service ("temporary connection") made available to property located at 5865 34th Street, Vero Beach, Florida, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Property') before the COUNTY installs water services, in Shadow Brook Subdivision. B. COUNTY requires the OWNER to pay certain fees immediately at the time of the installation of temporary connection and to participate in certain costs of the special assessment line when the COUNTY undertakes the special assessment project, NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt of which is hereby acknowledged, COUNTY and OWNER agree as follows: The background recitals are true and correct and form a material part of this Agreement. 4. Whether OWNER is required to reconnect to the special assessment line or remain J4 F:\Utilrtiw\UTII.ITY -EMPLOYEE FOLDERS\Dan Chastain\HATALA temp Water Agreement SHADOW BROOK SUB.doc Page,,""// (Forth approved by Courcy Attomey end Utilities Department 1!20021 2. OWNER shall pay, on signing this Agreement, the following amount per Equivalent $ Residential Unit (ERU): Capacity Charge $1,300.00 o s Tap Fee 1 inch Security Deposit $50.00 Recording Fee (This Agreement) $35.50 u� Meter Fee 1 inch $250.00 Inspection Fee $25.00 V Total $2,120.50 3. COUNTY shall make service available for OWNER from a water main on 33rd Street (Cherry Lane), and OWNER shall make a connection from the Property to a temporary water connection point of COUNTY'S choosing. When service is available from the special assessment line, OWNER may be required to disconnect from the temporary connection and to reconnect to the special assessment line. Any such reconnection shall be at the sole expense of the OWNER, except that the OWNER shall not have to pay the capacity charge, security deposit, or meter .fee again. 4. Whether OWNER is required to reconnect to the special assessment line or remain J4 F:\Utilrtiw\UTII.ITY -EMPLOYEE FOLDERS\Dan Chastain\HATALA temp Water Agreement SHADOW BROOK SUB.doc Page,,""// (Forth approved by Courcy Attomey end Utilities Department 1!20021 BK: 1879 PG: 40 connected to the temporary connection, OWNER shall participate in the cost of the special assessment project for line extension charges and other costs related to the special assessment. By accepting the temporary connection, OWNER waives any right to contest the .receipt of special benefit from the special assessment project. In addition, OWNER's signature on this Agreement may be considered to be an affirmative vote for construction of the special assessment line. 5. This Agreement shall be recorded in the official records of Indian River County, Florida, and shall be a covenant running with the land. This Agreement shall bind the OWNER, jointly and severally, and the OWNER's heirs, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as f the date first writtebo By 'OFtresss / Leonard J. atala P Sign Witness Printed name: GA/OL --7— �P ,7wd G h Witness Prin ed s' C1j 4AJriQ/N By—� Constance Hatala Sign �.�4 Witness Printed name STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this�_day of May, 2005, by Leonard J. Hatala and Constance Hatala, who are personally known to me or who produced a Florida Driver's License as identification. NOTARY PUBLIC ign. CAROL T. BESANCON rinted name Stamped Seal &Comm M1' COMMBBtON • DD 0404M P EXPIARS: BepNmba 27.2= Expiration Date .aoa QTAAV FL naw eavta A s«wra W& ,?) 4 F:\Utilitin\UTILITY -EMPLOYEE FOLDERS\Dan Chavtain\HATALA Temp Wats AgreementPage��� SHADOW BROOK SUB.doe 1 [Form approved by County Attorney and Utilities Department 2/2002] _ BK: 1879 PG: 41 INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners B Couity Administrator Approved by BCC 4t *County Administrator authorized to sign for the Board of County Commissioners by Resolution No. 2003-151 dated December 2, 2003 Appr d for fon and legal Sugwienc Approved for Utilities matters: y By \� . County Attorney Utih s Director Page3„ pf 4 F:\Utilities\UTILITY -EMPLOYEE FOLDERS\Den ChaatainWATALA Temp Water Agreement SHADOW BROOK SUB.doc 1 / 4 [Form approved by County Attorney and Utilities Depertnent 220021 BK: 1879 PG: 42 Legal Description: EXHIBIT "A" SHADOW BROOK SUBDIVISION Part of LOT 10 described in OR Bk 568 PP 1162 & all of Lot 11, according to the plat thereof, as recorded in Plat Book 9, Page 17, of the Public Records of Indian River County, Florida Parcel Number: 32 39 32 00010 0000 00010.1 Property Address: 5865 34h Street VERO BEACH, FL 32966-6518 Exhiji75A F:\Utilities\UTILITY - EMPLOYEE FOLDERS\D= Cha ain\HATALA Tcmp Wata Agreement SHADOW BROOK SUB.doc Providing (First Resolution) RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A WATER MAIN EXTENSION FROM 58TH AVENUE TO 34TH STREET, INCLUDING 58TH COURT AND 34TH LANE WITHIN SHADOW BROOK SUBDIVISION AND CERTAIN SPECIALLY BENEFITED PROPERTIES ABUTTING 34TH STREET, 58TH COURT AND 34TH LANE, LOCATED WITHIN UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain specially benefited properties to be serviced by a water main extension from 58th Avenue to 34th Street, including 58th Court and 34th Lane within Shadow Brook Subdivision and certain specially benefited properties abutting 34th Street, 58th Court and 30 Lane located within unincorporated, Indian River County, Florida NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a water main shall be extended from 58th Avenue to 34th Street, including 58th Court and 34th Lane .located within unincorporated Indian River County, Florida, to specially benefit 15 parcels located within Shadow Brook Subdivision and certain properties abutting 34th Street, 58th Court and 34th Lane ("Improvements"), and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of The Code of Indian River County. As access to water provides an equal benefit to each property served, the assessment will be equal per parcel. 3. The estimated cost for the Improvements is $126,000.00 or $8,400.00 per parcel to be paid by the properties specially benefited as shown on the assessment plat on file with the Department of Utility Services and the Clerk to the Board. Assessments are to be levied against certain lots and lands adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 4. A special assessment in the amount of $8,400.00 per parcel may be assessed against each of the specially benefited properties designated on the assessment plat on file with the Clerk to the Board. This special assessment may be raised or lowered by action of the Board of County Commissioners serving as the equalizing board at the public hearing, as set forth in Section 206.07 of The Code of Indian River County. 176 5. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the as -built resolution of the Board with respect to credits against the special assessments after completion of the Improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest.. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the Improvements are completed.. 6. There is presently on file with the Department of Utility Services and the Clerk to the Board an assessment plat showing the area to be assessed, plans and specifications for the Improvements and an estimate of the cost of the proposed Improvements. All of these are open to inspection by the public at the Department of Utility Services and the Clerk to the Board. 7. A proposed preliminary assessment roll with respect to the special assessments is on file with the Department of Utility Services and the Clerk to the Board. 8. Upon the adoption of this resolution, the Department of Utility Services shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Indian River Press Journal before the public hearing as required by Section 206.04 of The Code of Indian River County. The resolution was moved for adoption by Commissioner 'and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2020. Attest: Jeffrey R. Smith, Clerk of BOARD OF COUNTY COMMISSIONERS Court and Comptroller INDIAN RIVER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reing old, County Attorney By: Susan Adams, Chairman 177 Time and Place (Second Resolution) RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH OWNERS OF CERTAIN PROPERTIES ABUTTING 34TH STREET, 58TH COURT AND 34TH LANE WITHIN SHADOW BROOK SUBDIVISION LOCATED WITHIN UNINCORPORATED, INDIAN RIVER COUNTY, FLORIDA; AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 2020- ,determined that the improvements herein described are necessary to promote the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereinafter, that a water main extension from 58th Avenue to 34th Street, including 58th Court and 34th Lane to serve 15 parcels within Shadow Brook Subdivision and certain properties abutting 341h Street, 581h Court and 34th Lane located within unincorporated, Indian River County, Florida ("Improvements"); and WHEREAS, as access to water provides: an equal benefit to each property served, the assessment will be equal per parcel; and WHEREAS,_ it has been determined that the cost to be specially assessed with respect thereto shall be $126,000 or $8,400.00 per parcel; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06 of The Code of Indian River County provides that the Board of County Commissioners shall fix a time and place at which the owners of the specially benefited properties to be specially assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The Board of County Commissioners shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m., or as soon thereafter as the matter may be heard, on Tuesday, December 8, 2020, at which time the owners of the specially benefited properties to be specially assessed and any other interested persons, may appear before said Commission and be 178 heard as to the propriety and advisability of. making the improvements, the cost thereof, the manner of payment therefore, and the amount to be assessed against each property. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All -persons interested in the construction of said Improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said. Improvements, and an estimate of the cost thereof at the office of the Department of Utility Services and the Clerk to the Board any week day from 8:30 a.m. until 5:00 p.m., excluding holidays. Notice of the time and place of this public hearing shall be given by two publications in the Indian River Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. 4. The Department of Utility Services shall give the owner of each property to be specially assessed at least ten days' notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address obtained from the records of the property appraiser. The resolution was moved for adoption: by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2020. Attest: Jeffrey R. Smith, Clerk of BOARD OF COUNTY COMMISSIONERS Court and Comptroller By: Deputy Clerk Approved as to form .and legal sufficiency: By: Dylan Reingold, County Attorney INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman 179 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES """' ri SHADOW BROOK SUBDIVISION -PROPOSED WATER ASSESSMENT PROJECT .��. PRELIMINARY ASSESSMENT ROLL —RESOLUTION 1 Parcel # 32393200010000000008.0 Assessment= $8,400.00 Owner WILLOBY, JAMES ANDREW Secondary Owner WILLOBY, ALISA Mailing Address 5835 34TH STREET VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 8 & TRACT A PBI 9-17 Site Address 5835 34TH ST Revised Date: 10/14/2020 Parcel # 32393200010000000009.0 Assessment= $8,400.00 Owner LEWIS, JESSE E Secondary Owner Mailing Address 5845 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 9 PBI 9-17 Site Address 5845 34TH ST Revised Date: 10/14/2020 Parcel # 32393200010000000010.0 Assessment= $8,400.00 Owner GADD, WILLIAM G & DOROTHY R Secondary Owner Mailing Address 5855 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION PB19-17 LOT 10 LESS AND EXCEPT THE FOLLOWING: BEG AT A POINT ON THE N LINE OF LOT 10 AND 107.64 FT W OF THE NE COR OF LOT 10; TH RUN S 49 DEG 28 MIN 09 SEC W A DIS OF 76.18 FT TO THE E LINE OF SAID LOT it TH RUN N ALONG THE E LINE A DIS OF 40 FTTH RUN N 68 DEG 13 MIN 29 SEC E A DIS OF 24.47 FT TO THE N LINE OF LOT 11 TH RUN E ALONG THE N LINE OF LOT 10 A DIS OF 35 FT TO THE POB Site Address 5855 34TH ST Revised'Date: 10/14/2020 F:\Utilities\UTILITY-Engineering\Pr I`�tj��1 Assessment Projects\OOOAssessments_2020\Sha dowBrookSubdivision\Ad min\Bt _lhs\2020-1020 AgendaPackage_Resolution_1 2\OS PreliminaryAssessmentRoll_RESOLUTION_1_2_ShadowBrookSubdivision.docx Wednesday, October 14, 2020 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES ?. SHADOW BROOK SUBDIVISION -PROPOSED WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL— RESOLUTION 1 Parcel # 32393200010000000010.1 Assessment= $8,400.00 Owner HATALA, LEONARD J (TR) (1/2) (TOK) Secondary Owner HATALA, CONSTANCE C (TR) (1/2) (TOK) Mailing Address 5865 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 PART OF LOT 10DESCIN0 R BK 568 PP 1162 & ALL LOT it Site Address 5865 34TH ST Revised Date: 10/14/2020 Parcel # 32393200010000000012.0 Assessment= $8,400.00 Owner JAKUBOWICZ, STANLEY MARK & BOBBI JO Secondary Owner Mailing Address 5875 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 12 PBI 9-17 Site Address 5875 34TH ST Revised Date: 10/14/2020 Parcel # 32393200010000000013.0 Assessment= $8,400.00 Owner CHERRY, LARRY LAVERNE Secondary Owner Mailing Address 5860 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 13 PBI 9-17 Site Address 5860 34TH ST Revised Date: 10/14/2020 F:\Utilities\UTILITY-Engineering\Pr I -Assessment Projects\OOOAssessments_2020\Sha dowBrookSubdivision\Admin\B 12�is\2020-1020 Agenda Package_Resolution_1_2\05_Prel im ina ryAssessmentRoll_RESOLUTION_1_2_ShadowB rookSu bd ivision. docx Wednesday, October 14, 2020 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES SHADOW BROOK SUBDIVISION - PROPOSED WATER ASSESSMENT PROJECT -; PRELIMINARY ASSESSMENT ROLL— RESOLUTION 1 Parcel # 32393200010000000014.0 Assessment= $8,400.00 Owner YOUNG, THOMAS R & JULIANA K Secondary Owner Mailing Address 5865 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 LOT 14 LESS PARCEL DESC IN OR BK 560 PP 2181 Site Address 5865 34TH LN Revised Date: 10/14/2020 Parcel # 32393200010000000014.1 Assessment= $8,400.00 Owner TAYLOR, JANICE L Secondary Owner WEBER, ROBERT B Mailing Address 2617 NE 11TH CT FORT LAUDERDALE FL 33304 Legal SHADOW BROOK SUB PBI 9-17 THAT PART OF LOT 15 DESC AS FOLLS: BEG AT THE NW COR OF SAID LOT 15; TH RUN E ALONG THEN LINEA DIST OF 42.48 FT; TH WITH A DEFLECTED ANGLE OF 45 DEG 56 MIN 10 SEC TO THE R IGHT RUN A DIST OF 316.75 FEET; TH RUN ALONG THE ARC OF A CURVE, BEING CONCAVE TO THE SE, HAVING A RAD OF 40 FT, A DIST OF 99.31 FT; FEET, TH RUN ALONG THE ARC OF TH RUN SW'LY TO THE SW COROF SAID LOT 15 A DIST OF 193.90 FT; TH RUN N ALONG THE W LINE OF LOT 15 A DIST O F 265.00 FT TO THE POB; TOG WITH THAT PART OF LOT 14 BEING MORE PART DESC AS FOLLS: BEG AT THE NW COR OF LOT 14, SHADOW BROOK SUB; TH RUN S ALONG THE W LINE OFSAID LOT 14 A DIST OF 13.00 FT TH WITHA DEFLECTED ANGLE OF 88 DEG 57 MIN 55 SE C TO THE LEFT RUN 206.58 FT TO A PT ON ACURVE HAVING A RAD OF 40 FT AND CONCAVETO THE NE; TH RUN ALONG THE ARC OF SAID CURVE A DIST OF 31.00 FT TO THE NE COROF SAID LOT 14; TH RUN W ALONG THE N LINE OF LOT 14 A DIST OF 193.90 FT TO THE P OB." Site Address 5870 34TH LN Revised Date: 10/14/2020 Parcel # 32393200010000000015.0 Assessment= $8,400.00 Owner MEDLOCK, JAMES E & KATHY B Secondary Owner Mailing Address 5860 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 LOT 15 LESS PARCEL DESC IN OR BK 560 PP 2186 & W 24.43 FT OF LOT 16 Site Address 5860 34TH LN Revised Date: 10/14/2020 F:\Utilities\UTILITY-Engineering\Prq* Assessment Projects\OOOAssessments_2020\ ShadowBrookSubdivision\Admin\B s\2020-1020 AgendaPackage Resolution_1_2\05_PreliminaryAssessmentRoll_RESOLUTION_1_2_ShadowBrookSubdivision.docx Wednesday, October 14, 2020 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES ON SHADOW BROOK SUBDIVISION -PROPOSED WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL—RESOLUTION 1 Parcel # 32393200010000000016.0 Assessment= $8,400.00 Owner 5850 34TH LN, LLC Secondary Owner Mailing Address 925 12TH STREET VERO BEACH FL 32960 Legal SHADOW BROOK SUBDIVISION LOT 16 LESS W 24.43 FT PBI 9-17 Site Address 5850 34TH LN Revised Date: 10/14/2020 Parcel # 32393200010000000017.0 Assessment= $8,400.00 - Owner LOPEZ, AMILCAR & SUSAN Secondary Owner Mailing Address 5840 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 17 PBI 9-17 Site Address 5840 34TH LN Revised Date: 10/14/2020 Parcel # 32393200010000000020.0 Assessment= $8,400.00 Owner TODD, RICHARD CJR Secondary Owner Mailing Address 9696 MIDDLE FORD RD BLOWING ROCK NC 28605 Legal SHADOW BROOK SUBDIVISION LOT 20 PBI 9-17 Site Address 3426 58TH CT Revised Date: 10/14/2020 F:\Utilities\UTILITY-Engineering\Pr I Assessment Projects\OOOAssessments_2020\Sha dowBrookSubdivision\Admin\B+cTs\2020-1020 Agenda Package_Resolution_1_2\05_Prelim ina ryAssessmentRoll_R ESOLUTIO N_1_2_ShadowBrookSubdivision.docx Wednesday, October 14, 2020 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES SHADOW BROOK SUBDIVISION - PROPOSED WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 32393200010000000022.0 Assessment= $8,400.00 Owner MCCORMICK, FRANK G & MAUREEN M Secondary Owner Mailing Address 5845 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 22 PBI 9-17 Site Address 5845 34TH LN Revised Date: 10/14/2020 Parcel # 32393200010000000023.0 Assessment= $8,400.00 Owner THOREN, MARC R & BARBARA Secondary Owner Mailing Address 3425 58TH CT VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 23 PBI 9-17 Site Address 3425 58TH CT Revised Date: 10/14/2020 Parcel # 32393200010000000024.0 Assessment= $8,400.00 Owner THELK, LOUIS J (TR) & WINIFRED B (TR) Secondary Owner Mailing Address PO BOX 2914 VERO BEACH FL 32961 Legal SHADOW BROOK SUBDIVISION LOT 24 PBI 9-17 Site Address 5850 34TH ST Revised Date: 10/14/2020 F:\Utilities\UTILITY - Engineering\Pr j t- - Assessment Projects\OOOAssessments_2020\Sha dowBrookSubdivision\Admin\BI {?4s\2020-1020 AgendaPackage_Resolution_1_2\OS_PreliminaryAssessmentRoll_RESOLUTION_1_2 ShadowBrookSubdivision.docx Wednesday, October 14, 2020 .J r 0 cr Is uq ;�v CA 0 c r+ 0 ;)v 0 0 C r+ o' RIO r+ rD rD 3 r+ N S fuQ O cr O O cn cr C. 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Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Cindy Corrente, Utility Finance Manager Subject:., Utility Accounts Receivable Bad Debt Background: During late 2018 and early 2019, staff with the Indian River County Department of Utility Services (IRCDUS) made a series of presentations to the Board of County Commissioners (BCC) regarding past - due balances related to services for utility reserve accounts. The end -result was the adoption of County Ordinances 2018-027 and 2019-002. These code modifications provided the framework to enable staff to work with customers with past -due balances to settle their debt at significantly reduced rates. It also established policy to enable staff to address similar circumstances as they occur and to prevent the excessive accumulation of bad debt from reserve accounts moving forward. The process resulted in 765 water and 879 sewer equivalent residential units (ERUs) being relinquished or reclaimed by the County. That, in turn, freed up capacity in the system. There is only one remaining property left to resolve through the foreclosure process. The most significant impact to the utility was the write-off of just over $4.8 million in bad debt. Analysis: At this time, there are 295 past -due utility accounts that have fees and charges over twenty-four months old. Thirty-eight percent of these accounts have past -due amounts over twenty years old. From time to time, owners of some of these properties have appeared before the BCC to request waivers of some of the fees affiliated with these accounts. One such situation occurred on March 17, 2020, when Mr. Brodley Williams appeared before the BCC regarding a property that he and his father purchased from a tax deed sale. At the time, the lien on the property was for over $39,000. After listening to Mr. Williams, the BCC advised staff that they should develop a policy in order to deal with this type of situation and bring back an analysis of these accounts for BCC review. The purpose of this agenda is to fulfill that directive. Staff worked to review the aged receivables and formulated proposed options for the BCC to consider as policy. Staff consulted with the County Attorney's office while working on the directive. In so doing, staff learned that there are limitations regarding collections related to certain liens. Pursuant to Florida Statute Section 153.67, utility and special assessment liens more than 30 days old may be foreclosed upon by the County in the manner provided by the laws of Florida for the foreclosure of a mortgage on 185 real property. Florida Statute Section 95.11(2)(a) provides for a five-year statute of limitation for an action to foreclose a mortgage. Case law has made it clear that the statute of limitations is five years and begins on the date the lien is recorded, and that the statute of repose allows for collectability without foreclosure up to 20 years after the recording of the lien. See City of Riviera Beach v. Reed, 987 So. 2d 168 (Fla. 4th DCA 2008). Florida Statute Section 95.281(1)(b) establishes that a lien terminates "[i]f the final maturity of an obligation secured by a mortgage is not ascertainable from the record of it, 20 years after the date of the mortgage. Thus, liens that do not show as ascertainable from the record, such as those for assessments and impact fees, expire after twenty years. This information influences some of the staff recommendations in creating policy to address the various situations involving aged accounts receivable and liened accounts. This limitation does not apply to water and sewer accounts that consist of monthly reoccurring service availability charges. Unlike the reserve accounts, 131 of the 295 accounts are water and sewer accounts that are, or were, connected to the system. There are also 14 expired impact fee loans. Expired impact fee loans are those that have exceeded their original term, which is typically five years. Eleven of the 14 accounts exceed twenty years old. None of these accounts currently receives service. Together, the water and sewer accounts and expired impact fee loans make up over $2.4 million in receivables. There are also 150 expired assessment loans. Expired assessments are those over ten years old. Seventy-nine of the assessments are over twenty years old. Expired assessments make up another $640,000 in receivables. A summary of the three types of accounts is depicted in the table below: Account Type Number of Accounts Total Outstanding Debt Principle or Service Availability Penalties & Interest Water & Sewer 131 $2,332,000 $636,000 $1,696,000 Impact Fee Loans 14 $ 95,000 $ 34,000 $ 61,000 Assessments 150 $ 640,000 $270,000 $ 370,000 Totals 295 $3,067,000 $940,000 $2,127,000 Leaving these accounts to continue to accrue fees does nothing to benefit IRCDUS or its customers. In many cases, the balance due exceeds the value of the property. Since revenues are recorded when a bill is created, the utility revenues currently reflect monies that most likely will never be collected. In order to prevent exponential growth of the receivables balance and to create a means by which to make these marketable, substantial bad debt expense will need to be written -off. WATER & SEWER ACCOUNTS The water and sewer accounts make up $2.3 million in receivables. The table below breaks out the balance between service availability charges and penalties and interest. Account Type Number of Total Principle or Penalties & Accounts Outstanding Service Interest Debt Availability Water & Sewer 131 $2,332,000 $636,000 $1,696,000 Of the 131 water and sewer accounts, only 84 still have structures on them. Over the years, many of the structures have been demolished. There are four commercial accounts in this category. Forty-seven (47) 186 of the residential properties are now vacant. In many situations, the debt affiliated with the property exceeds the value of the property. From time to time, these properties go up for tax deed sale. There are situations where people have purchased these properties without doing their due diligence and ultimately end up with a property with excessive liens that they cannot afford to pay off. It makes little sense to leave these properties rendered "useless". The table below summarizes some of the key data regarding the 131 water and sewer accounts. Account Category Number of Accounts Water ERUs Sewer ERUs Existing Structures Residential 127 170 133 80 Commercial 4 175 135 4 Totals 131 345 268 84 In similar fashion to the debt reduction offers that were made for reserve accounts, staff proposes two payment options for BCC consideration. Under the first option, the County would waive all of the accrued penalties and interest in exchange for the owner paying all of the remaining utility charges within a defined ninety -day window. The second option would be to extend the payments out for twelve months. Under this option, the County would also collect ten percent of the accrued penalties and interest. Below is an example of the payoff options for the single-family property with the highest receivable balance. Total Amount Owed Service Availability Penalties & Interest Service Type Payment- Payment - Option 1 Option 2 $67,505 $8,562 $58,943 Water & Sewer $8,562 $14,456 Many of the 131 account holders currently have no interest in activating their utility service at this time. Thus, for any account holder who utilizes one of the payment options, staff suggests allowing the property owner to choose to keep the ERU or to permanently disconnect from the system. Any property owner who chooses to permanently disconnect will be required to sign a document that attests that they understand impact fees and connection charges in place at the time of reconnection will have to be paid before reconnecting to the system. If disconnecting from the system, all physical tie-ins to the utility system will be terminated. Keep in mind that the long-term goal is to settle or write-off the excessive accounts receivable balances and create a means by which to enable the owners of these properties to become viable customers again. If the debt affiliated with these properties remains intact and continues to grow exponentially, this cannot occur. Therefore, if neither payment option is exercised, staff will work with the County Attorney's office to pursue foreclosure. Foreclosure case law suggests that each reoccurring charge is a new lien or starting date, therefore the lien period would start on the date the new charge is incurred for that charge and lasts the five years for foreclosure and the 20 years for the statute of repose. See Bartrum v. U.S. Bank, N.A., 211 So. 3d 1009 (Fla. 2016). Thus, the foreclosure step is necessary in order to allow owners of these properties that have the potential to become viable customers eventually. When the County forecloses on the property, it will be necessary to write off the entire receivable balance so that the County can sell the property without the encumbrance of the utility lien. Depending on the hypothetical sale of the property, the proceeds will be used to pay back IRCDUS some, or all, the accrued service availability charges. 187 IMPACT FEE LOANS The impact fee loans make up $95,000 in receivables, which is broken out between principle, and penalties and interest in the table below. Account Type Number of Accounts Total Outstanding Debt Principle or Service Availability Penalties & Interest Impact Fee Loans 14 $95,000 $34,000 $61,000 The 14 outstanding impact fee loans consist of 12 residential and two commercial properties. Ten of the properties have structures on them. Ten of the liens are over twenty years old. Similar payment options will be available for the holder of impact fee loan accounts as those for water and sewer accounts. If paid in ninety days, the account holder will pay any remaining principle balance of the original loan. If they choose the twelve-month option, they will pay the remaining principle amount plus ten percent of the additional penalties and interest that have accrued. For the accounts over twenty years old, if one of the payoff options is not chosen, the County will release the twenty -year-old lien since it is not enforceable. A notice will be filed in the clerk's records that describes the connection fees that will be due before the property can be reconnected to the County's utility system. If the property is vacant or not utilizing the utility system, but currently connected to the utility system, it will be permanently disconnected from the system. The County Attorney's office has already addressed a situation like this one for a property that recently sold. The buyer of such a property contested the lien that was over twenty years old and thus not enforceable. Therefore, a notice regarding connection fees was filed in the Clerk's records. A copy of the template for the notice is included with this agenda item in Attachment 1. ASSESSMENTS Assessments make up $640,000 in receivables, which is broken out between principle and penalties and interest in the table below. Account Type Number of Total Principle or Penalties & Interest Accounts Outstanding Service Debt Availability Assessments 150 $640,000 $270,000 $370,000 There are 150 expired assessment loan accounts with a total owed of $640,000. Only one of the accounts is for a commercial property. Seventy-nine of the liens are over twenty years old and not enforceable. The remaining 71 liens are over ten, but less than twenty years old, which means the loans are expired but still collectable. Two payment options will be offered to this group. However, the calculation will be done differently in order to ensure that no one in this group pays less than the property owners who paid off their assessments utilizing the original ten-year amortization schedule. The first option would be valid for a defined ninety -day period. Under this option, the customer would pay the same amount as they would have paid under the original ten-year assessment period. The second option would start with the same calculated amount but add 25% to that total, which will be used to offset the overhead costs for the manual billing, collections, and accounting efforts to collect these accounts. Under both options, credit will be given for any principle payments that were previously made. After the option periods expire, the debt on any unenforceable loans (over twenty -years old) will Ml be written off. A notice will be filed on the property describing future connection fees. This would ensure that anyone connecting to previously assessed utility lines would pay their fair share of the cost of the line. An example of the payment options is depicted in the table below. This example is a 1992 water assessment project that was originally $1,923.45 at a 9.75% interest rate for ten years. Original Original Original 10 year Amount Owed Payments 90 Day 12 Month Assessment Interest payment today Made Option Option Amount Rate amount $1,923.45 9.75% $3,096.80 $11,225.75 $0 $3,096.80 $3,871.00 Once policy is adopted for all of the different -types of accounts, staff will send certified letters to all affected account holders. Information in the letter will outline the payment options that are available as well as the consequences of not choosing one of the options. Below is a summary of action items that need to be addressed in order to develop policies for handling the various aged receivable scenarios. The resulting polices will need to be adopted into county ordinance. WATER & SEWER ACCOUNTS 1. Establish a ninety -day time period during which the County will waive all penalties and interest on any water and sewer accounts that have accumulated over twenty-four consecutive months of charges. 2. Establish a twelve-month period during which the County would waive ninety percent of all accumulated penalty and interest charges on any water and sewer accounts that have accumulated over twenty-four consecutive months. 3. Direct staff to work with the County Attorney's office to pursue foreclosure on any properties that have owners who do not take advantage of any of the payment options. Once this process is complete, write off the accounts receivable balance and release the lien on the property. 4. Direct staff to establish a policy going forward to avoid delinquent accounts that are approaching the 24 -month deadline. IMPACT FEE LOANS 1. Establish a ninety -day time period during which the County will waive all penalties and interest on any expired impact fee loan accounts. Credit will be given for any principle payments made to date. 2. Establish a twelve-month period during which the County will waive ninety percent of all penalties and interest on any expired impact fee loan accounts. The principle balance will stay intact. Credit will be given for any principle payments made to date. 3. Direct staff to establish a policy going forward to avoid the 20 -year situation, to make a settlement offer when liens reach 19 years of age. Then if not exercised, the County will move forward to perfect the lien. 189 ASSESSMENTS 1. Establish a ninety -day time period to waive some penalties and interest that have accrued on any expired assessment accounts. Only penalties and interest that have accrued beyond the original term of the assessment will be waived. This is to ensure that no one who has an expired assessment account pays less than those customers who made their assessment payments during the original ten-year loan period. Credit will be given for any principle payments made to date. Establish a twelve-month period to waive some penalties and interest that have accrued on any expired assessment accounts. The total of the original loan payments would be the base of this calculation. Another twenty-five percent1n fees will be added to this amount. Credit will be given for any principle payments made to date. Direct staff to establish a policy going forward to avoid the 20 -year situation, to make a settlement offer when liens reach 19 years of age. Then if not exercised, the County will move forward to perfect the lien. Funding: Utility operating funds will be utilized when writing off most of the bad debt. However, any principle balance written off on impact fee loans would be assessed against the impact fee fund. An adjusting journal entry will record the bad debt expense for the amounts written off. More than likely, a budget amendment will be needed to cover this expense. After the expiration of the twelve-month period for the various settlement agreements, staff will present an informational item to the BCC that depicts actual amounts written off. At that time, the list of pending foreclosures will be presented as well. The worst case scenario impact to the utility funds is $3,067,000. This number will vary based upon which account holders decide to participate in the various payment options. Recommendation: Staff recommends that the Indian River County Board of County Commissioners (BCC) authorize staff to come back with an ordinance at a public hearing that will establish county code to adopt the various settlement options. It shall also define the 90 -day and 12 -month time periods described in the payment options. WATER & SEWER ACCOUNTS 1. Establish a ninety -day time period during which the County will waive all penalties and interest on any water and sewer .accounts that have accumulated over twenty-four consecutive months of charges. 190 2. Establish a twelve-month period during which the County would waive ninety percent of all accumulated penalty and interest charges on any water and sewer accounts that have accumulated over twenty -fou r.consecutive months. 3. Direct staff to work with the County Attorney's office to pursue foreclosure on any properties that have owners who do not take advantage of any of the payment options and once this process is complete, write off the accounts receivable balance, and release the lien on the property. 4. Direct staff to establish a policy going forward to avoid delinquent accounts that are approaching the 24 -month deadline. IMPACT FEE LOANS 1. Establish a ninety -day time period during which the County will waive all penalties and interest on any expired impact fee loan accounts. Credit will be given for any principle payments made to date. 2. Establish a twelve-month period during which the County will waive ninety percent of all penalties and interest on any expired impact fee loan accounts. The principle balance will stay intact. Credit will be given for any principle payments made to date. 3. Direct staff to establish a policy going forward to avoid the 20 -year situation, to make a settlement offer when liens reach 19 years of age. Then if not exercised, the County will move forward to perfect the lien. ASSESSMENTS 1. Establish a ninety -day time period to waive some penalties and interest that have accrued on any expired assessment accounts. Only penalties and interest that have accrued beyond the original term of the assessment will be waived. This is to ensure that no one who has an expired assessment account pays less than those customers who made their assessment payments during the original ten-year loan period. Credit will be given for any principle payments made to date. 2. Establish a twelve-month period to waive some penalties and interest that have accrued on any expired assessment accounts. The total of the original loan payments would be the base of this calculation. Another twenty-five percent in fees will be added to this amount. Credit will be given for any principle payments made to date. 3. Direct staff to establish a policy going forward to avoid the 20 -year situation, to make a settlement offer when liens reach 19 years of age. Then if not exercised, the County will move forward to perfect the lien. Attachment: Draft Notice of Future Charges 191 Parcel ID#: Service Address: ,FL Instrument prepared by the County Attorney's Office, and after recording should be returned to the County Attorney's Office NOTICE OF POTENTIAL FUTURE UTILITY CHARGES On the —day of , 2020, INDIAN RIVER COUNTY, (hereinafter COUNTY), released the property hereinafter described from the lien of that certain Assessment Roll included in Resolution No. 92-39and recorded in O.R. Book—, Page , Public Records of Indian River County,Florida. Any future property owner connecting to utilities for water service for the propel y described below may be subject to certain charges including, but not limited�to various utility connection charges, impact fees, and a deposit. The property, located in_Iradian River County, is more particularly described as follows: INSERT LEGA\L DESCRI P IT ON UTILITIES SERVICES INDIAN 41VER COUNTY, FLORIDA By/ Vincent Burke, Director of Utilities.Services STATEO FLORIDA LFF ORIDA % COUNTY -OF IND.IAN,RIVER, \The foregoing instrument was acknowledged before me this day of \ 2020, ,by�Vincent Burke, Director of Utilities Services for Indian River County, Florida. He is personally known to me. Notary Public Printed name: Commission # Approved for form and legal sufficiency: County Attorney 192 C m D A A 0 i �v � A v� Cr N m � O 2 IA N n m 90 r+ N 3 m (A v�f W m 3 N � D = AO ll7 O I•� 3 M H O -h w V} N c Ol w N -•1 m r, v O O O Ui O N p a , .F CL 0 O O O F GO D N �'• � v w w 0 0 0 _ 0 m O O O O P+ O N N -4 01 l0 M �I O 01 � •_r O O O O O C N Q� O O O w 0) r+ m CL m %14,m ..t A A O r+ D w� W r+ m "S l ) I✓ m O m m 3 H o CL r+ r D z W mm A O cr N A i 3 rr+ of O t/lr N a) O (YQ W — r+ a) O O Cr r+ 3 fl. r+ O O 3' WQ W fD D O n O �< A W -A N O cr a) I'D v 3 01 � M O 20 tin O� m C Ln Ln o f. CA m N I -A I-, m c UWi W C 000 m H ..S X 00 00 A O r+ P+ C 3 M O'Q H 0) r+ m CL m %14,m ..t A A O r+ w� W r+ m "S I✓ m m D z W A O cr I� i 3 -% of O t/lr N O W p r+ a) -'I O Cr r+ 3 fl. r+ O O 3' WQ W fD A O n O �< O a) I'D M 3 01 � =+ N O 20 0) r+ m CL m %14,m ..t A A O r+ A -3 D �•. A �. 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O O �+ O n �' < �•�, a) -�nfD3 fD�'O v fD 3 �. fD n =• � N rr-r fD fD O r+ p rDD r+ N n fD fD fD n=0 `< N n -s 3 O • Orr+ r+ N CL r+ `< N iD C Q �• O r+ W fD � N N cn O N 3mr+fD N� OhQ m<< rD Ln fD fD O�3 fD �w O r'r aQ O r+ O r* r+ -. = iD -S• O O fD <* W 3 fD r=f fD fD Q� fD N Qn fD -0 -� <fDO �' � ii N fD fD Q fDrN-r N Orq• r_r fD p :3 r+ :' fD 0-3 N Q r* _ (/1 r+ N• p N0-0 — :3`_N S ..S r+ rte+ N O fD O fD 0) 0- — fD -s X N Q'O -OCL rr+ fD 0 N r+ fD n Q W fD `< fD rD f!U �' 3 c r+ fD � fD rDD•C QrD �. rD ��fD Ln Q � -t O r+ rte+ r•r �' p r+ r rr-t r+ r+ Fe N N -Z S O fD f7 r+ C < -n `< W O n iv OO c — p QfD N N fD C: < 3 C:' fD Ln rD fD r+ w �cu :3 fD ��� n n n N -�30m� Q fD �•fD fD c � Q rte+ N O fD Q iD October 20, 2020 ITEM 14. D. 1. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 28, 2020 SUBJECT: Naming the Indian River County Courthouse Rotunda to be known as the Bruce H. Colton Rotunda FROM: Peter O'Bryan Commissioner, District 4 Commissioners: . In accordance with the procedures established by Resolution No. 2011-042, 1 would like the opportunity to discuss the naming of the Indian River County Courthouse Rotunda, located at 2000 16th Avenue, Vero Beach, in honor of State Attorney Bruce H. Colton for his 47 years of outstanding public service. 193 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: October 9, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Amendment No. 2 to Work Order No. 32 to Kimley-Horn for Household Hazardous Waste and Recycling Transfer Facility Design Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is required by the Florida Department of Environmental Protection (FDEP) rules to provide safe collection and disposal of Household Hazardous Waste (HHW). The current HHW facility is over twenty years old, undersized, and creating unsafe ingress -egress traffic flow issues. The Recycling Transfer Facility was built five years ago, and the recycling materials are exceeding storage capacity. On April 7, 2020, the SWDD Board approved Work Order No. 32 to Kimley-Horn and Associates, Inc. (KHA) in the amount of $48,400, to address each of these conditions and provide SWDD with a suitable civil and architectural conceptual design. On July 7, 2020, staff made a presentation to the SWDD Board showing the conceptual design for a new HHW and Recycling Transfer Facility, along with providing conceptual level costs for these improvements in the $2.5 to $3.0 million dollar range. After. review of the presentation, the SWDD Board approved the conceptual design and approved Amendment No. 1 to Work Order No. 32 to KHA in the amount of $206,910 to provide engineering services related to the HHW and Recycling Transfer Facility Design, Permitting, and Bidding Services. Subsequently, staff discussed with KHA some concerns with the conceptual design in terms of the close proximity of residential vehicles interacting with commercial vehicles on the project. There were also some possible drainage concerns and some size concerns with the Recycling Transfer Facility. Therefore, staff requested KHA to.update the conceptual design and costs. Subsequently, staff met with the County Administrator and the County Budget Director to review this updated design and costs, which increased from $3.2.million to $4.7 million. Staff was directed to re -work the design and reduce the costs by $1 million. KHA revised the conceptual design and costs, which are now at $3.5 million. The purpose of this agenda item is to present the updated conceptual design and costs to the SWDD Board and get concurrence prior to proceeding with detailed design. Staff also is recommending an amendment to KHA to cover the costs for the additional conceptual design and cost analysis. 194 Analysis: Below is the initial conceptual level desien for the HHW and Recvcline Transfer Facilitv: 13TH 37REEr SW I - -' LANDSCAPE BUFFER LANDSCAPE BUFFER PRRUV�MfA i• 4` ti HHW FACKM 14,641 SF Q 15,000 SF LAWN AREA �. RECYCUNG FACU" a t TRUCK COURT TLAMDSCAPFB@FFER y L` LAWN AREA + I i r As mentioned above, staff had concerns that residential traffic would be interacting with commercial traffic, which could potentially add to confusion and create a potential safety issue. In addition, there was a potential for drainage issues related to the elevation difference between the buildings and the loading dock, which would require pumping stormwater. Finally, the proposed 15,000 square foot Recycling 195 Transfer Facility was considered too small for future growth, and therefore, staff felt that it should be increased to 20,000 square feet. However, this resulted in the costs increasing from $3.2 million to $4.7 million. Therefore, after internal discussions, staff directed KHA to reduce the size and features of the facility. Below is the new conceptual rendering of the HHW and Recycling Transfer Facility: 196 •.�..., �.Y''• ' �i • ,.ff { rte.. Ir\ t +� -a i 41, v_r��.w•.e:���+��s�a�� €fir--��it���-+`'�=C=''�'=����'���'.-'�' 196 This new configuration separates the residential traffic from the commercial traffic to reduce confusion and address the safety concerns identified above. It addresses access concerns raised by the Fire Department. The Recycling Transfer Facility remains in size at 15,000 square feet. The drainage from the loading docks will be controlled with stormwater pumps. The total Fiscal Year (FY) 2020/21 tentative capital budget of $2,555,000 was allocated for the HHW Building and the Recycling Transfer Facility with the breakdown of $1,025,000 and $1,530,000, respectively. Per the revised conceptual layout, KHA has updated the conceptual level budget for the project from $3.2 million to $3.5 million, which does include a 10% contingency. This increase is primarily due to the reconfiguration of the facility and the additional base/asphalt areas. KHA has also included the following disclaimer: "List of items not included in the Total Estimated Cost includes, but is not limited to: Site Lighting, Dry Utilities, Permits, Engineering or CEI fees, factor for inflation." Staff recommends that an additional $300,000 be factored in for these costs, thereby bringing the estimated conceptual level budget to $3,800,000. Staff supports the revised conceptual layout based on the need to replace the current HHW facility that is over 20 years old and because the current temporary Recycling Transfer Facility, built five years ago, is not sufficient to handle the current and future volume of recyclables. At this time, these are conceptual level costs, and staff will work with KHA to value engineer the project and develop the bid specs so that we receive competitive qualified bids that are within the projected new budget. KHA will be submitting an opinion of probable construction costs prior to going out to bid, and staff will return to the Board prior to the bid process should that estimate be greater than the conceptual level budget of $3,800,000. Please note that in FY 2019/20, there were several projects that were initiated to prepare for the proposed improvements of the new HHW and Recycling Transfer Facility. These included creating a new concrete pad with ramp and block walls that will serve as a temporary transfer facility while the new facility is constructed. This area will then be utilized for the storage of tires and scrap metal. Approximately $430,000 in funding was utilized for these improvements. In addition, some demolition work needed to be performed to tear down the old Styrofoam storage building that was partially damaged. during Hurricane Irma. Approximately $62,600 in funding was utilized for this work. In terms of engineering, the total authorized to KHA to date is $255,310. Therefore, in total approximately $750,000 has been encumbered in FY 2019/20. KHA has submitted Amendment No. 2 to Work Order No. 32 for $18,500 for the additional effort in developing an alternative site plan and an opinion of cost. This also includes alterations to the colorized rendering of the alternative site plan as well as the maneuverability analysis for the trucks. Staff supports this amendment. Funding: Funding for the SWDD HHW and recycling facility conceptual design is budgeted and available in the capital account in the SWDD Landfill and Recycling Fund, which is funded from SWDD assessments and user fees. The account has a total proposed budget of $2.55 million for the 2020/2021 fiscal year. 197 Description Account Number Initial Costs Revised Costs Difference HHW Facility 411-169000-20029 $1,025,000 $1,520,000 $ 495,000 Recycling Transfer Facility 411-169000-20030 $1,530,000 $2,280,000 $ 750,000 Total = $2,555,000 $3,800,000 $1,245,000 Staff is recommending that the proposed FY 2020/21 budget of $2,555,000 be increased by $1,245,000 to the full $3,800,000 conceptual budget to be allocated for the HHW and Recycling Transfer Facility over FY 2020/21. Upon approval, this increase will be programmed into the Capital Improvement Element (CIE) as well. The approval of Amendment No. 2 to Work Order No. 32 would also come from the capital account. Description Account Number Amount Engineering Services — HHW Facility 411-169000-20029 $11,110 Engineering Services — Recycling Transfer Facility 411-169000-20030 $ 7,400 Total = $18,500 Upon approval of Amendment No. 2 to Work Order No. 32, the total work order to KHA would be $273,810. Recommendation: Staff recommends that its Board approve the following: a) Approve the revised conceptual layout for the Household Hazardous Waste and Recycling Transfer Facility and direct staff to continue with the detailed design, with the understanding that the projected conceptual budget may increase to $3.8 million. b) Approve CCNA-2018 Amendment No. 2 to Work Order No. 32 with Kimley-Horn and Associates, Inc. for $18,500, for the additional design services related to the SWDD Household Hazardous Waste and Recycling Facility Design, Permitting, and Bidding Services. c) Authorize the Chairman to execute the same, as presented. Attachments: 1. Revised Conceptual Level Budget 2. Amendment No. 2 to Work Order No. 32 198 "List of items not included in the Total Estimated Cost includes but is not limited to: Site Lighting, Dry Utilities, Permits, Engineering or CEI fees, factor for inflation. Kimley-Horn and Associates, Inc. has no control over the cost of labor, materials, equipment, or services furnished by others, or over methods of determining price, or over competitive bidding or market conditions. Any and all professional opinions as to costs reflected herein, including but not limited to professional opinions as to the costs of construction materials, are made on the basis of professional experience and available data. Kimley-Horn and Associates, Inc. cannot and does not guarantee or warrant that proposals, bids, or actual costs will not vary from the professional opinions of costs shown herein. 199 CONCEPTUAL OPINION OF PROBABLE COST IRC - HHW & Recycling Facility Klnilei'») orn DESCRIPTION FDOT PAY ITEM UNIT QTY. UNIT PRICE' TOTAL COST Remove Water Main UTILITY PIPE,REMOVE & DISPOSE, 8-19.9" LF 350 $ 20.00 $ 7,000.00 Water Service Lines UTILITY PIPE- HIGH DENSITY POLYETHYLENE, FURNISH & INSTALL, WATER/SEWER, 2" LF 100 $ 50.00 $ 5,000.00 Fire Line UTILITY PIPE- DUCTILE IRON/CAST IRON, FURNISH & INSTALL, WATER/SEWER 6" LF 50 $ 70.00 $ 3,500.00 Water Meters Backflow Preventers UTILITY FIXTURE, VALVE/METER BOX, FURNISH & INSTALL, 2" UTILITY FIXTURE- BACKFLOW ASSEMBLY, FURNISH & INSTALL, 6" Each Each 2 2 $ 1,300.00 $ 10,000.00 $ 2,600.00 $ 20,000.00 Sewer Lateral UTILITY PIPE- DUCTILE IRON/CAST IRON, FURNISH & INSTALL, WATER/SEWER 6" LF 75 $ 70.00 $ 5,250.00 Catch Basins INLETS DT BOT TYPE C,<10' Each 6 $ 3,600.00 $ 21,600.00 Curb Inlets INLETS CURB, TYPE P-5, <10' Each 4 $ 5,100.00 $ 20 400.00 Drainage Pie PIPE CULVERT OPTIONAL MATERIAL ROUND 15"SD LF 1,000 $ 100.00 $ 100,000.00 Fill Sub-Grade Stabilization EMBANKMENT- SPECIAL SELECT FOR RIGID PAVEMENT TYPE B STABILIZATION CY SY 1,000 9,200 $ 30.00 $ 4.50 $ 30,000.00 $ 41,400.00 Road Base OPTIONAL BASE, BASE GROUP 11 SY 8,400 $ 20.00 $ 168,000.00 Asphalt SUPERPAVE ASPHALTIC CONC, TRAFFIC C TN 1,370 $ 110.00 $ 150,727.50 Concrete Pavement PLAIN CEMENT CONCRETE PAVEMENT, 8" SY 800 $ 55.00 $ 44,000.00 Sidewalk CONCRETE SIDEWALK AND DRIVEWAYS, 4" THICK SY 75 $ 45.00 $ 3,375.00 Traffic Signage SINGLE POST SIGN, F&I GROUND MOUNT, UP TO 12 SF Each 17 $ 350.00 $ 5,950.00 6" Pavement Markings 12" Pavement Markings PROFILED THERMOPLASTIC,STANDARD- CONCRETE SURFACES, WHITE, S THERMOPLASTIC, STANDARD, WHITE, SOLID 12" FOR CROSSWALK AND RC GM LF 1 250 $ 5,700.00 $ 2.50 $ 5,700.00 $ 625.00 24" Pavement Markings" THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE AND CROSSWALK LF 500 $ 4.50 $ 2,250.00 Pavement Arrows and Symbols THERMOPLASTIC STANDARD WHITE, MESSAGE OR SYMBOL Each 11 $ 150.00 $ 1,650.00 Curb and Gutter CONCRETE CURB & GUTTER, TYPE F LF 600 $ 25.00 $ 15 000.00 Curb CONCRETE CURB, TYPE D LF 1,300 $ 20.00 $ 26,000.00 Pre-Engineered Metal Buildings (Processing Building) N/A SF 15,000 $ 78.00 $ 1 170 000.00 Pre-Engineered Metal Buildings HHW Roo N/A SF 16,500 $ 50.00 $ 825,000.00 Pre-Engineered Metal Buildings HHW Lean-To N/A SF 2,000 $ 60.00 $ 120,000.00 Trees / Palms N/A Each 103 $ 300.00 $ 30,900.00 Palm Tree Relocations RELOCATE TREES AND PALMS, PALM, —14' OF CLEAR TRUNK Each 9 $ 1,700.00 $ 15,300.00 Lawn Sod Only) PERFORMANCE TURF, SOD SY 8,000 $ 3.00 $ 24,000.00 Landscape Buffers (Ground Cover +Irrigation) N/A SF 20,000 $ 2.50 $ 50,000.00 SUBTOTAL $ 2,915,227.50 Contractor Mobilization and General Conditions LS 10% $ 291,522.75 TOTAL$ 3,206,750.25 Contin enc LS 10% $ 320,675.03 PROJECT I GRAND TOTAL"" $ 3,527,425.28 "List of items not included in the Total Estimated Cost includes but is not limited to: Site Lighting, Dry Utilities, Permits, Engineering or CEI fees, factor for inflation. Kimley-Horn and Associates, Inc. has no control over the cost of labor, materials, equipment, or services furnished by others, or over methods of determining price, or over competitive bidding or market conditions. Any and all professional opinions as to costs reflected herein, including but not limited to professional opinions as to the costs of construction materials, are made on the basis of professional experience and available data. Kimley-Horn and Associates, Inc. cannot and does not guarantee or warrant that proposals, bids, or actual costs will not vary from the professional opinions of costs shown herein. 199 CCNA2018 AMENDMENT 02 TO WORK ORDER 32 HOUSEHOLD HAZARDOUS WASTE AND RECYCLING FACILITY CONCEPTUAL DESIGN This Amendment_U to Work Order Number 32 is entered into as of this _ day of , 201_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17" day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant'). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 32. Effective Date April 7, 2020. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on. Exhibit A (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 B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C (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: SOLID WASTE DISPOSAL DISTRICT By: Print Name: By: Susan Adams, Chairperson Title: BCC Approved Date: Comptroller Attest: Jeffrey R. Smith, Clerk of Court and By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 200 EXHIBIT A— SCOPE OF WORK PROJECT UNDERSTANDING The Consultant has been previously authorized .to perform final design services for the proposed Household Hazardous Waste and Recycling Facility based upon the conceptual design completed prior to the issuance of Amendment No. 01 for preparation of Construction Documents. After the initiation of the Construction Documents preparation phase, the Consultant has been asked to prepare a new alternative site plan for the Project that significantly alters the design as it was proposed at the start of the Construction Documents phase. The preparation of this new site plan as well as additional changes that have been requested to bring the Project budget within a reduced construction budget have resulted in the performance of additional, unanticipated design services which are described in the following scope of services. SCOPE OF WORK TASK 1 — ADDITIONAL DESIGN SERVICES Sub -Task 1.1 —New Site Plan and Site Plan Revisions Kimley-Horn has performed the following services as part of this task: • Prepared a new alternative site plan for the facility that provides for a separate, customer access and parking area for the HHW that connects to a main north -south road at the west side of the shared facility and increased the facility square footage to 20,000 sf; • Addressed Client comments on the proposed alternative site plan related to operational access of trucks and equipment; • Upon finalization of the revised site plan and addressing comments, revised site plan to reduce building square footage and truck court area to reduce project costs; • Prepared Opinion of Cost for the New site plan and revised when major alterations to it were made. Sub -Task 1.2 —Coordination/Meetings Attended multiple conference calls with Client to review the proposed site plan, operational needs, client comments, project challenges, and review revisions. Sub -Task 1.3 — Landscape Architecture Renderings and Revisions Kimley-Horn has performed the following services as part of this task: • Prepared a colorized rendering of the new alternative site plan for the facility; • Prepared. a colorized rendering for the revised site plan. Sub -Task 1.4 — Maneuverability Analysis and Revisions Kimley-Horn has performed the following services as part of this task: • Prepared a maneuverability analysis for the truck court in new alternative site plan for the facility; • Prepared a maneuverability analysis for the truck court in the revised site plan. 201 SUBCONSULTANTS No subconsultant services are anticipated in the performance of these additional services. REIMBURSABLE EXPENSES No reimbursable expenses are anticipated in the performance of these additional services. ADDITIONAL SERVICES Any services not specifically listed in the above: Scope of Work are not included in the contracted fees. Should the Client desire additional services, Kimley-Horn will prepare a fee, scope and schedule for the work at the time the services are requested. PROVIDED BY THE CLIENT The Client will provide any information requested by Kimley-Horn in a timely manner to avoid delay of the Project. In addition, the Client will ensure that Client representatives are available for all meetings in order to avoid delay to the Project. 202 EXHIBIT B FEE SCHEDULE The COUNTY agrees to pay, and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses as follows: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: 1 Additional Design Services FF $18,500 TOTAL: 1 $18,500 203 EXHIBIT C -TIME SCHEDULE Deliverables have been provided on a mutually -agreed-upon schedule for the services above. It is anticipated that the Scope of Services will be completed in accordance with the above schedule after Notice to Proceed ("NTP") is received unless there are delays outside of Kimley-Horn's control, such as delays associated with Client and/or regulatory reviews, Client requested changes, etc. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of the services and that Client review times will not exceed seven (7) calendar days. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. 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