HomeMy WebLinkAbout04/14/2015 (3)BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, APRIL 14, 2015 - 9:00 A.M.
Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O'Bryan
Tim Zorc
District 1
District 5
District 2
District 4
District 3
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Deputy Teddy Floyd, Indian River County
Sheriff's Department
Commissioner Joseph E. Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating the Week of April 12 Through
April 18, 2015 As National Public Safety Telecommunications Week
B. Presentation of Proposed Museum Area by Old Vero Ice Age Sites
Committee Board Members Bill Oufiero and Dann Jacobus
PAGE
1
2-6
C. Presentation on Joint Legislative Audit Committee Meeting of March 30,
2015, by Glenn Heran
April 14, 2015 Page 1 of 6
6.
APPROVAL OF MINUTES
None
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
PAGE
8. CONSENT AGENDA
A. Approval of Warrants — March 28, 2015 to April 2, 2015
(memorandum dated April 2, 2015) 7-13
B. Out -Of -County Travel to Attend a TEFRA Hearing in Tallahassee
(memorandum dated April 7, 2015) 14-16
C. Full Release of Retainage for Ecological Associates, Inc., Work Order No. 4
— Sector 3 Beach Restoration — 2014 Post Construction Monitoring Services
(memorandum dated April 7, 2015)
17-19
D. Release of Retainage for Ecological Associates, Inc., Work Order No. 5 —
Sector 3 Dune Repair Project — Late Season Sea Turtle Monitoring Services
(memorandum dated April 7,2015)
20-22
E. Work Order No. 1 — Engineering — Carter Associates, Inc., 41st Street/US1
Intersection Improvements, Indian River Project No. 1359
(memorandum dated March 30, 2015)
23-35
F. Work Order No. 2 — Carter Associates, Inc., 74th Avenue — Oslo Road to 12th
Street Design Survey, Indian River County Project No. 1417
(memorandum dated March 27, 2015)
G. Request for Project Administration Consultant Approval for the New Main
Transit Hub
(memorandum dated March 26, 2015)
H. Professional Architectural and Engineering Services for Indian River County
Go -Line Bus Transfer Hub Facility, 1235 16th Street, Vero Beach, RFQ No.
2014016 — IRC Project No. 1330
(memorandum dated March 25, 2015)
I. Request for Use of Holman Stadium for Annual Sawbones vs. Jawbones
Event to be held on May 30, 2015
(memorandum dated April 1, 2015)
36-46
47-74
75-97
98-110
April 14, 2015 Page 2 of 6
8. CONSENT AGENDA PAGE
J. Request for purchase of Sodium Hypochlorite Tanks for the Central & West
Regional Wastewater Facilities
(memorandum dated Apri 16, 2015) 111-112
K. Amendment No. 1 to W.O. No. 8 — Engineering Services for a New Package
Waste Water Treatment Facility at the Blue Cypress Wastewater Treatment
Plant UCP -4107
(memorandum dated March 30, 2015)
113-119
L. Miscellaneous Budget Amendment 011
(memorandum dated March 31, 2015) 120-124
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Indian River County Sheriff Dervl Loar
Mental Health Court Update
(letter dated April 7, 2014)
10. PUBLIC ITEMS
11.
A. PUBLIC HEARINGS
None
125
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on
which the commission may take action.)
1. Request to Speak from Deann Ferrell, Career Source Research
Coast Youth Connections, Regarding Space for Youth Program in
Vero Beach
126
C. PUBLIC NOTICE ITEMS
None
COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
None
April 14, 2015
Page 3 of 6
12.
DEPARTMENTAL MATTERS PAGE
B.
C.
D.
E.
F.
G.
Emergency Services
None
General Services
None
1.
Human Services
None
2. Sandridge Golf Club
None
3. Recreation
None
Human Resources
None
Office of Management and Budget
1. Distinguished Budget Presentation Award Fiscal Year 2014/2015
(memorandum dated April 6, 2015)
Public Works
None
Utilities Services
None
127-131
13. COUNTY ATTORNEY MATTERS
A. Time Certain 10:30 a.m. Attorney -Client Session:
Ocean Concrete and George Maib vs. Indian River County, pending in the
Circuit Court of the Nineteenth Judicial Circuit, Case No. 2007011589-
CA17
(memorandum dated April 6, 2015)
132
B. Interlocal Agreement with City of Vero Beach on Dodgertown Golf Course
(memorandum dated April 6, 2015) 133-161
April 14, 2015 Page 4 of 6
14. COMMISSIONERS MATTERS PAGE
A.
B.
C.
D.
E.
Commissioner Wesley S. Davis, Chairman
None
Commissioner Bob Solari, Vice Chairman
1. Auditor General and FMPA
(memorandum dated April 8, 2015) 162-163
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Brvan
None
Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
None
Environmental Control Board
None
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board
shall provide an opportunity for public comment prior to the undertaking by the Board of any action on
the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any
proposition which the Board is to take action which was either not on the Board agenda or distributed to
the public prior to the commencement of the meeting.
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.
April 14, 2015 Page 5 of 6
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 Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
April 14, 2015
Page 6 of 6
-54
PROCLAMATION
DESIGNATING THE WEEK OF APRIL 12 THROUGH APRIL 18, 2015 AS
NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
WHEREAS, emergencies can occur at any time that require police, fire, or emergency medical services;
and
WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters, and
paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy
of information obtained from citizens who telephone the Indian River County Sheriff's Office Dispatch Center;
and
WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with
emergency services; and
WHEREAS, Public Safety Dispatchers are a vital link for our police officers and firefighters by monitoring
their activities, providing them with information, and ensuring their safety; and
WHEREAS, Public Safety Dispatchers of the Indian River County Sheriff's Office have contributed
substantially to the apprehension of criminals, suppression of crime, and treatment of patients. They are
knowledgeable and highly trained individuals who work closely with police, fire, and medical personnel; and
WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the
performance of their duties in the past year; -and
WHEREAS, Indian River County Sheriff's Office Public Safety Dispatchers dispatched 223.673 calls for
service for Law Enforcement and 24,981for Fire Rescue in 2014; and
WHEREAS, each year, the second full week of April is dedicated to the men and women who serve as
public safety telecommunicators.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN
RIVER COUNTY, FLORIDA that the week of April 12 through April 18, 2015, be designated as National
Public Safety Telecommunications Week in Indian River County, in honor of the men and women whose
diligence and professionalism keep our county and citizens safe.
Adopted this 14th day of April, 2015.
BOARD OF COUNTY COMMISSIONERS
IND AN RIVER COUNTY, FLORIDA
•
Wesley S. Davis,`Chairman
Chairma
Peter D. O'Bryan
Tim Zorc
1
Request to use the second floor north end of building A of the County Building for an exihbit of the
bones and artifacts found in and around Vero Beach.
The Old Vero Ice Age Sites Committee would like to place display cases and information boards in the
north section of the second floor of building A. This historical exihbit would include cases as pictured
here in this packet. The general placement of the cases would be as drawn on the pictures.
Our intention for this exhibit is to bring to one location all the collections that we currently have on
exhibit in the Main Library, the Brackett Library and the lobby of building A. Additional ice age fossils,
bones and artifacts from the past 100 years are now within our reach and we intend to display those as
well. We will be purchasing additional display cabinets that would stand alone, picture included, to
augment the cabinets we already have. It is our hope that with this exhibit in one place that schools and
the general public of Vero and the County will be able to follow a self -guided tour of the history of our
Old Vero Man site. Florida is rich with fossilized remains and Vero Beach has the distinction of having 4
extinct Ice age mammals that have never been found anywhere else in North America.
• ti
I. a 1111/1.
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— • • • I
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••••••'%' • • •
•
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,
411
Aatfi
i
The Sale of
Vero Electric to FPL
• Why are we selling and what is the delay?
• Update on State Legislature regarding the audit
of the FMPA.
• Why FMPA valuation is essential to public
transparency and understanding FMPA exit
costs.
Why are We Selling?
• Because Vero Beach Electric cannot compete with FPL.
• Vero rates are currently 27% higher than FPL and are soon
to be 31% higher in May 2015
• We lose over $2o million per year because Vero can't
compete with FPL.
• The electric business is not an essential service of
government, creating unnecessary bureaucracy.
gc
4/14/2015
A
1
4/14/2015
The Public has already voted to
SELL to FPL
• Referendum to Lease Power Plant to FPL fall 2011
• Vero Beach voters (inside ratepayers) 66% in favor
• Referendum to Sell to FPL spring 2013
• Vero Beach voters (inside ratepayers) 64% in favor
• Customer Survey to Sell to FPL Spring 2013
• ALL Customers (inside and outside) vote 84% in favor
What is the Delay to the Sale?
The FMPA
• A government bureaucracy that Vero Beach helped
create over 3o years ago.
• Vero Beach must sell or otherwise dispose of its FMPA
power entitlement assets in order to sell to FPL.
• What has the public learned about the FMPA?
4/14/2015
State Auditor General Audits
the FMPA
• Operational audit by the State Auditor General reveals many issues
including:
• Hundreds of millions in losses from unusual hedging and interest rate swap
practices.
• Questionable executive and employment perks.
• "FMPA has the sole discretion in determining the actual severance amount and
the substantial cash payment due on withdrawal, in effect, represents a
compelling case against the decision for members to withdraw."
• Joint Legislative Audit Committee (JLAC) 3/30/15
• Legislators furious that FMPA top bureaucrats did not show up to answer
questions from the public's elected representatives.
• Some legislators discussed a znd follow up audit.
• Some discussed unwinding or dissolving the FMPA.
• Some talked about having reasonable exit costs.
• Florida TaxWatch Recommends:
• Exit costs should be reasonable and predicable.
• Exit cost should not be the sole discretion of the FMPA to interpret and apply.
4/14/2015
They got us hel
ostage
Oct 2007 GREEN COVE SPRINGS , Don Bowles City
Manager
http://www.lalceworthmedia.com/modules.php?name=News&file=print&sid=i33
"...they got us held hostage" says city manager Don Bowles
concerning FMPA. Green Springs Cove has announced they are
exiting from FMPA but got slapped with a $53,000,000 penalty.
Green Cove Springs has also discovered that lower cost power supply
exists right in their county -- the CLAY COUNTY ELECTRIC COOP
that offered them power at a rate 3o% below FMPA rates. "But they
don't want anyone leaving them," said Mr. Bowles, and they
have set it up so its too expensive to consider for most
municipalities."
How should FMPA exit costs be
determined?
• In order to understand if exit costs are reasonable, the
members cities must FIRST understand the
FAIR MARKET VALUE
of their investment in the FMPA.
• After over 3o years of ownership in the FMPA, the
pubic has a right to know.
4/14/2015
DascnWun
51gaq Aaet
Power Generation Source. of the FMPA per 2014 Fact Sheet and Website
Selo* is a list Of the talk.. n assesin which the EMP, Is nvalved, the EWA', fractional awner3hlp,1,ora in those assets and tae
p genual ole value, on the fossil M fuel Iype, ar tM EWA', ownerhvp shoe based on the price Input on 1M'sn?w61es" wm20941.
12m Alam EWA iMPA MW
Owns Otnraln GEM Sours MW Shaw MW %
5%
StatonI SEC U 47 ) "IY WC OUC 7987 00.1 MT 74,8197% 65 4%
574004111 5E0 04411 000 OUC 1096 Cam 452 23238116 105 i%
',-City 0E00777 OUC 0UC 1987 Coal 441 5.3012% 33 1%
AP Ra9u1Mm*Ms (ARP)
SEC Unlit
6£C Una 6
000 DUE 1987 Com 441 11.325310 50
OOC 000 1990 Cam 453 5172474 23
8404660740 60081978 460*61e106e
Cane Eland Unas 1 FMPA K asimax0 UA 1991 Gas 40 1000000% 40
Cane Wand Unaa 2 1M10 adwaaweVA 1895 Gas 120 100.0006% 120
Caw E1e,,d Una 3 14,794 691270. UA 2002 Gas 270 100.0000% 275
Cane Eland Una 4 11474
m ee UA 2011 Ga, 300 100.000M 300
7reatEus Coast Center EMP, 71110 4008 945 300 100.0000% 300
606Mat OMMS 1 FMPA 4031 Energy 1574 04 18 100,000016 16
Key Wass Unas 2 6 3 FMPA 6454 Enely 1900 ON 28 70n.400054 28
Kay Weal Stock Isla. Unl4 FMPA 0.92 E7014y 2008 (til 44 1000000% 44
',Val ARP 1333 dr,
Tdfm FMPA
SEC Meat Starer,Energy Caner
MW Ely Saurae Owrer
FMPA 112b Ti"k
OUC 207 177.
413
1514.. 100%
ARP Pm M4 854504rel93
Gas 1170 UM Ge, 1110 r 2'm
Coal 73 5% C9nl 181 17M
7441. 0 0% 144400 51 S%
04 90 7% 0a 90 6%
1614
Description
FMPA Project Value Based on Asset Sale
2014
Below shows the 5 FMPA generation projects. In yellow is the possible sale value driven by the values input on the lead
"Variable" worksheet. The sale value in yellow was calculated on the "FMPA Generation" worksheet. Cash and other
assets, per the 9/30/14 FMPA Balance Street, are then adders to the generation sales price less liabilities to arrive at
positive or negative equity position per project.
Nuke Coal Coal Cool noticed
5t Lucie Stanton I Stanton II Tri City ARP
Owner FPL OUC 0110 0710. FMPA
Year built 1983 1987 1996 1987 Various
6014Igeneration at site plant 2014 984 441 453 441 Various
Total
FMPA share 6,806096 14.8193% 23.2367% 5.3012% Various
FMPA mWs 87 65 105 23 1333 1614
$ Sale price Per kW 0 0 0 0 0
Sale value of Generation Asset $ • $ • $ • $ - $ $ -
ADD,
Cash Ps Investments 248,573,000 30,358,000 ' 51,912,000 8,819,000 289,874,000 629,536,000
Other Assets 103,538,000 527,000 23,786,000 755,000 320,437,000 449,043,000
LESS:
Long terns Debt (:342,867,00) (39,310,000) (157,975,000) (15,771,000) (3,168,390,03X7) (1,724,121.000)
Other 1i46811105 (98,373,000) (24,514,000) (24,079,000) (6,802.000) (306,989,000) (460,757,000)
FMPA Equity OR(Negative 0410e) 5 (09,129,000) $(32,939,000) $ (106,356,000) 4)12,999,000) $ (864,876,000) $(0,106,299,000)
Vero, mW Share 15.2% 32.5% 16.5% 0.0% 0.0%
Vero', Equity (Negative value) $ (13,542,978) 5(10,718,246) $ (17,512,434) 5 - S - 5 341,773,6581
Cash, investments, Other onsets, Debt and tiobi91,es per 9/30/14 FMPA 04014
01008 not include Age•nry 7und
4/14/2015
Date
Fuel
Recent Generation Power Plant Sales
Dec -13
Gas
Apr -14
Gas
Aug -14 Aug -14
60% Gas 40% Coal Gas &Coal
Price $ 625,000,000 $ 1,570,000,000 5 3,450,000,000 $ 2,800,000,000
rnW 1,050 3,498 6,357 6,143
kW 1,050,000 3,498,000 6,357,000 6,143,000
$ per kW $ 595 $ 449 $ 543 $ 456
Seller Min Tex Power [alpine ECP Duke
Locations TX Southeast & Northeast Northeast
Midwest Midwest Midwest
Estimated Estimated
Date Dec -14 Dec -14 Jan -15 10015
Fuel Coal 70% Nuke, 30% Coal Coal & Gas Coal & Gas
Price 5 12,400,000 $ 1,200,000,000 5 3,600,000,000 $ 2,800,000,000
mW 202 700 7,923 7,923
kW 201,500 700,000 7,923,000 7,923,000
$ per kW $ 62 $ 1,714 $ 454 $ 353
Seller Dayton P&L NCEMPA AEP AEP
locations Kentucky NC Northeast Northeast
Description
FMPA Project Value Based on Asset Sale
2014
Below shows the 5 FMPA generation projects. In yellow Is the possible sale value driven by the values input on the lead
"Variable" worksheet. The sale value In yellow was calculated on the "FMPA Generation" worksheet. Cash and other
assets, per the 9/30/14 FMPA Balance Sheet, are then added to the generation sales price less liabilities to arrive at
positive or negative equity position per project.
Nuke Coal Coal Coal Mixed
5t Lucie Stanton I Stanton II 12) City ARP
Owner FPI 0110 OK 00C FMPA
Year built 1983 1987 1996 1987 Various
Total generation at Ole plant 2014 984 441 453 441 Various
FMPA share 8.8060% 14.819396 23,2367% 5.3012% Various
FMPA mWs 87 65 105 23 1333
$ Sale price per kW 2246 450 450 450 555
ADD:
LESS:
Total
1614
Sale value of Generation Asset 5 194,618,236 $ 29,408,901 5 47,368,013 5 10,520,231 5 739,485,395 6 1,021,400,776
Cash & Investments 248,573,000 30,358,000 51,912,000 8,819,000 289,874,000 629,536,000
Other Assets 103,538,000 527,000 23,786,000 755,000 320,437,000 449,043,000
Longterm 0951
Other Liabeities
FMPA Equity OR (Negative Value)
Veros mW Share
Vero's Equity (Negative value)
(342,867,000) 139,310,000) (157,975,000) (15,771,000) (1,168,198,000) (1,724,121,000)
(98,373,000) (24,514,000) (24,079,090) (6,802,000) (306,989,0001 (460,757,000)
$ 105,489,236 5 (3,530,099) 5 (58,987,987) $ (2,478,769) $ (125,398,605) 5 (84,098,224)
15.105 32.5% 16.5% 0.096 0.096
5 16,028,884 5 (1,148,683) 5 19,712,881) $
Cash, investments, Other assets, Debt and Lia Nies per 9/30/1,10004 CA99
Oaes nor iacfude Agency rand
5 - 5 5,167.319
4/14/2015
But what if the FMPA
has a positive value?
Then why would an exiting member city need to pay a
penalty to exit?
Why should a member be stripped of its 3o year investment
in the FMPA and pay a penalty?
If other member cities were to exit the FMPA, who
ultimately would receive all the assets and penalty
proceeds? The last city standing?
Transparent, Fair and Equitable
• Members Cities ought to know what their 3o year investment in the FMPA is worth.
• Member cities ought to book FMPA equity at Fair Market Value on the member
cities' CAFRs so that the public is better informed.
• After 3o year of ownership, the public ought to have the right to the return of its
capital invested in the FMPA.
• The FMPA should sell exiting members FMPA assets outside of the agency. Such a
sale should not harm members who wish to remain with the FMPA as that
remaining member's FMPA assets would remain in tact. Nor would it harm
bondholders as their loans would be repaid.
• Such a sale of exiting members assets, outside of the agency, would be fair to ALL
including bondholders, member cities wishing to remain at the FMPA and the
public who wishes to leave the FMPA.
4/14/2015
Thank you
• Discussion or questions?
• Next steps?
Purpose
Test
S.C.
14-14-0015
Potential Fair Market Sales Value of FMPA Generation Assets
Price per kW
2014
The purpose of this workbook is to use sensitivity analysis to test the potential value of
the equity positions of the 20 member -owner cities in the FMPA.
By inputting various possible sale price values (below in yellow) that a 3rd party willing
buyer might pay for the generation assets held at the FMPA, the user of this workbook
can follow the effect of these generation asset prices on FMPA member equity. Again,
these values would be the possible realistic fair market value of FMPA generation assets
if these FMPA generation assets were sold on the open market to ANY willing electric
utility buyer.
Test various FMPA equity positions by changing the sales value per kW of generation, by
fuel source, in the variable boxes shown in YELLOW below then follow the effect on
equity in the proceeding worksheets contained in this workbook. As the user inputs
different sale prices per kW, the amount will flow to each proceeding worksheet testing
and demonstrating the effect on FMPA member -owner equity.
FMPA Project
St Lucie
Stanton I
Stanton II
Tri City
ARP
ARP
VARIABLE
Fuel Source $ per kW
Nuclear $ 2,246.00
Coal $ 450.00
Coal $ 450.00
Coal $ 450.00
Gas $ 600.00
Oil $ 50.00
Notes:
St Lucie - Nuclear
Stanton I - Coal
Stanton 11 - Coal
Tri City - Coal
ARP - Gas
ARP - Oil
Sale Price
required to
Break Even
1,028.59
504.02
1,010.39
556.03
647.67
647.67
Power Generation Sources of the FMPA per 2014 Fact Sheet and Website
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Ocala
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Lake Worth
Leesburg
Vero Beach
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I
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15.2
9.6
7.5
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5.6
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Ocala 21.6%
Jacksonville Beach 117.1111 13.2%
Key West 9.9% 54.7% 10.7%
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Lake Worth 24.9% 16.2% 6.7%
Leesburg .3% 7.8%
Vero Beach 15.2% 32.5`x;. 1.6 '*
Clewiston 2.2%
Green Cove Springs .8%
Homestead -'8.3% 12.2% 8.2% 22.7%
Starke 2.4% 1.2%
St Cloud 14.7%
Fort Meade
Newberry
New Smyrna Beach
Bushnell
Havana
Alachua
Moore Haven
1.9%
2.1%
0.8%
0.6%
Total 100% 100% 100% 100% 100%
5.0 .
4-Iq-doI5
Calpine to buy large power plant near San Antonio
{bilin Eaton Natural gas Texas
Calpine's Magic Valley project near Edinburg, Texas (Photo: Calpine)
HOUSTON — Calpine Corp. is buying a natural gas-fired power plant near San Antonio for
$625 million, another acquisition in Texas as it looks to build its footprint in the state, the
company said Monday.
The Houston-based power generator said it's buying the 1,050 megawatt, combined -cycle power
generating facility from MinnTex Power Holdings, a private equity -backed power company. The
plant sits on a 110 -acre site in Guadalupe County about 30 miles northeast of San Antonio.
It's a larger grab than Calpine's S432 million power plant acquisition in Central Texas last
year and it has more capacity than two plants it bought in California in recent months.
Calpine is making moves in Texas as electricity demand is increasing and reserve margins are
tightening, CEO Jack Fusco said in a written statement.
The deal is slated to close in the first quarter.
"Acquiring this modern, flexible and efficient plant in ERCOT's south zone at a discount to
replacement cost furthers our strategic objectives in this key market," Fusco said.
Apart from its recent acquisitions, Calpine also has made some expansions in two energy centers
in the Houston area.
During a third-quarter earnings conference call, Fusco said the combination of a growing
economy and proposed regulatory changes "could make Texas one of the best places to invest
in the sector, even while the debate continues around what the final modified market construct
will be."
Fusco said the company is focusing on single -plant acquisitions.
Calpine shares inched up about 1 percent to $19.10 in early trading Monday.
4/9/2015 Calpine to Sell Six Southeast Power Plants for $1.57 Billion- WSJ
THE WAIL STREET JOUINAL.
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http://www.wsj.com/artides/SB1 0001424052702304810904579509642272718218
DEAL JOURNAL
Calpine to Sell Power Plants to LS
Power for $1.57 Billion
Calpine Seeks to Focus on Texas, California and Mid -Atlantic States
By CASSANDRA SWEET And ANNA PRIOR
Updated April 18, 2014 4:36 p.m. ET
Calpine Corp. will sell six U.S. power plants in the Southeast and Midwest to LS Power
for $1.57 billion in cash, as the company focuses on its electricity sales businesses in
Texas, California and mid-Atlantic states.
Together, the power plants have the capacity to generate as much as 3,498 megawatts
of electricity and are scattered across the middle of the country where Calpine doesn't
operate many other electricity -generating facilities. Two of the plants being sold are in
Alabama, with one each in Oklahoma, Louisiana, Florida and South Carolina.
Calpine spokesman Brett Kerr said the company planned to sell the six power plants
for some time, and wanted to sell additional plants in Alabama, Arkansas and Florida
but wasn't able to get the price it needed for those assets.
The LS Power deal is expected to close in the second quarter, and Calpine said it plans
to use proceeds to pay down debt, buy back shares and possibly buy new generation.
Calpine is consolidating in its three main power markets—Texas, California and the
mid-Atlantic, which includes New York, New Jersey, Pennsylvania, Virginia, Delaware
and Maryland.
The company operates 77 natural -gas-fired power plants across the U.S., including 24
in California, 20 in mid-Atlantic states and 14 in Texas. Calpine also has geothermal
power plants in California.
Owners of electrical generation that sell power into wholesale markets have struggled
http:/lwww.wsj. com/articles/SB 10001424052702304810904579509642272718218
Calpine Sheds Six Power Plants in $1.6B Deal
ByClaire PooleFoiiow 04/21/14 - 11:58 AM EDT
Get TheStreet Quant Ratings' exclusive 5 -page report for (CPU) - FREE.
HOUSTON ( The Deal) -- Privately held power and energy infrastructure owner LS Power Equity Advisors said Monday it
agreed to pick up six natural gas-fired, combined -cycle power plants in the southeastern U.S. fromCalpine (CPN - Get
Report) of Houston for $1.57 billion in cash.
The plants are in Gabriel, La.; Calhoun County, S.C.; Decatur, Ala.; Mobile, Ala.; Coweta, Okla.; and Pace, Fla., and
generate 3,500 megawatts. They feed power to investor-owned utilities, municipal utilities, cooperatives and other market
players.
Analysts at Tudor, Pickering, Holt & Co. Securities Inc. wrote in a note that the region is oversupplied and utility dominated,
leading to subpar returns for independent power plant generators in the area. They think LS Power wants the plants
because their value could increase after 2015 when coal retirements begin to be driven by the Environmental Protection
Agency's Mercury and Air Toxics Standards. The analysts wrote that Calpine would rather use the proceeds to invest in
competitive wholesale power markets such as California, Texas and the mid-Atlantic U.S.
Dynegy Buying Duke and Energy Capital Partners Assets
Zacks Equity Research
DYN DUKAEE CMS
Houston-based power company Dynegy Inc. (DYN) has struck two separate
deals to acquire several coal and gas power generation plants from Duke Energy
Corp. (DUK - Analyst Report) and private -equity firm Energy Capital Partners to
enhance its foothold in two less regulated eastern U.S. markets. These
transactions, worth a combined $6.25 billion, pushed Dynegy's shares by 8.75%
in Friday's trading session to close at $32.32.
The Deals
Dynegy will pay $2.8 billion in cash for 11 power plants in the Midwest and a
retail business owned by Duke Energy. These include Killen, Stuart, Conesville,
Miami Fort, Zimmer, Hanging Rock, Washington, Fayette, Lee and Dicks Creek.
The company is also buying ownership interests in plants in New England,
Pennsylvania and the Midwest from Energy Capital Partners for $3.45 billion in
cash as well as stock.
Holding a market cap of $3.24 billion, Dynegy has plans to issue about $5 billion
in new unsecured bonds and $1.25 billion in equity and equity -linked securities to
fund the acquisitions. The deals are slated to wrap up by the end of the first
quarter of 2015.
The Synergies
The acquired assets will add 12,500 megawatts (MW) of generating capacity,
doubling Dynegy's total output to about 26,000 MW. The addition of these
portfolios will enable Dynegy to have a significant hold in the PJM (Pennsylvania,
New Jersey, Maryland) and New England markets. Of the new generating
capacity, 5,053 MW will comprise gas -fueled plants, while another 3,793 MW of
capacity will come from environmentally compliant coal generation units.
The deals are expected to boost Dynegy's portfolio in the Northeast and New
England to comprise about 60% of total megawatts versus 18% presently.
Financially, the company expects the deals to triple its adjusted earnings before
interest, taxes, depreciation, and amortization (EBITDA) in 2015 while lifting its
free cash flow to $4 a share per share in 2015 and beyond. Dynegy also expects
the deals to provide $500 million in tax savings, $200 million in related
efficiencies and cost savings of more than $40 million per year.
The acquisitions will also help Dynegy to reduce its overhead costs by 34% to
$1.10 per MW hour of electricity produced.
Looking Back
Dynegy suffered a major setback in 2011 when the booming shale drilling
created a supply glut of natural gas that depressed prices and led to losses. In
2012, gas prices deceased to a 10 -year low, below $2 per million British thermal
units.
Burdened by costly power plant leases, Dynegy finally came out of bankruptcy in
2012. Since then the company took the inorganic route to spur growth, acquiring
five coal-fired power plants in Illinois from Ameren Corp. (AEE - Analyst Report) in
December last year.
Conclusion
The proposed buyouts will increase Dynegy's risks associated with the supply of
the industry's major fuel — natural gas. Moreover, the unregulated electricity
operations are exposed to descending prices as well as demand in the U.S.
That said, in a deregulated electricity business, utility companies are
consolidating and shifting toward more gas-fired power production given stringent
environmental regulations. Global concerns about the pitfalls of green -house gas
emissions supported by increasing restrictions on fossil -fuel usage have brought
a wide array of fuel sources like gas into the limelight.
Increased demand for gas -fueled generation is helping to push up gas prices.
Hence, the deals are a strategic fit giving a much needed boost to Dynegy's fuel
mix from its predominantly coal -based fleet now.
Dynegy buys coal-, gas- and oil -fired
power plants from Energy Capital Partners
(NYSE: DYN) finalized the acquisition of EquiPower Resources Corp and Brayton Point Holdings LLC from Energy Capital Partners (ECP).
The acquisition includes 10 power plants with a capacity of 6.3 GW for the New England and PJM power markets. The original acquisition price was $3.45
billion including $3.25 billion in cash and $200 million of common stock issued to ECP at closing. Dynegy and ECP on March 30 amended the purchase
and sales agreements to increase the cash consideration to $3.35 billion and reduce the common stock by 50 percent based on the settlement price of $28.90
per share.
The power plants included in the deal are:
The 1,493 -MW Brayton Point coal-fired power plant in Massachusetts, scheduled for closing on June 1, 2017.
The 187 -MW Dighton gas-fired plant in Massachusetts.
The 856 -MW Lake Road gas-fired power plant in Connecticut.
• The 280 -MW Masspower gas-fired power plant in Massachusetts.
The 579 -MW Milford gas-fired power plant in Connecticut.
The 788 -MW Elwood gas-fired power plant in Illinois.
The 1,108 -MW Kincaid coal-fired power plant in Illinois.
The 600 -MW Liberty gas-fired power plant in Pennsylvania.
The 447 -MW Richland gas-fired power plant in Ohio.
The 19 -MW Stryker oil -fired power plant in Ohio.
Dynegy's other acquisition, of Duke Energy 's commercial generation and retail assets in the Midwest, has received all approvals and is
expected to close on April 2.
Duke buys rest of East Bend power plant
Associated Press and The Enquirer
Photo Enquirer tire)
FRANKFORT — The Kentucky Public Service Commission has approved a transaction that makes Duke Energy the sole owner of
the East Bend Station electric power plant in Boone County.
The PSC says Duke Energy Kentucky purchased the minority interest in the plant that was held by Dayton Power & Light Co. of
Ohio. The commission authorized Duke Kentucky to purchase DP&L's 31 percent interest in the plant for $12.4 million. The 650 -
megawatt coal-fired plant is about 10 miles west of Florence, across the Ohio River from Rising Sun, Indiana.
Duke stated in its application that the purchase will offset the loss of generating capacity with next year's expected retirement of
the coal-fired Miami Fort unit in North Bend.
As part of a settlement with the Kentucky Attorney General's office, Duke agreed that it will not file for a rate increase before
2016.
4/9/2015 North Carolina Eastern Municipal Power Agency (NCEMPA)
NC Public Power
Oty pwne f b ctric Service
History of Public
Power
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Agencies
NCEMPA
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Increase
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r y Empowering North Carolina
Home > About Us > NCEMPA
North Carolina Eastern Municipal Power Agency (NCEMPA)
NCEMPA consists of 32 cities and
towns in eastern North Carolina,
including some of the largest cities in
the region, that own and operate their
electric systems. NCEMPA was
formed in 1982 and provides
wholesale power to its 32 participants.
Governance
NCEMPA is governed by a Board of
Commissioners (BOC), which consists
of 14 members elected from
throughout North Carolina. Each
participant appoints a Commissioner
and an Alternate Commissioner to the
Board. The BOC meets at least three
times a year. The ElectriCities Board
of Directors (BOD) provides oversight
of NCEMPA operations.
NoxhMayo V V
a•
ua
Baugh
m5 r�
■
•
*
V
• of sw C%
Plant Ownership
NCEMPA owns a portion of five generating units. All units are operated by Progress Energy Carolinas.
NCEMPA staff oversees operations and is heavily involved in operations at the plants. Staff regularly attends
owners' meetings and is included iri all capital improvement planning.
PLANT
TYPE OF UNIT
DATE OPERATIONS LICENSED UNTIL
BEGAN
Roxboro Unit 4
Mayo Unit 1
Brunswick Unit 1
Brunswick Unit 2
Harris Unit 1
Power Supply
Coal 1980 n/a
Coal 1983 nla
Nuclear 1977 2034
Nuclear 1975 2036
Nuclear 1987
The majority of NCEMPA's energy requirements are provided by
its ownership in the plants. The remaining energy is purchased
through long-term supplemental contracts with Progress Energy.
Resources
Download EA Fact Sheet
http://WWwMpublicpower.com/aboutus/NCEMPA.aspx
2046
Supplemental
Purchases
Reliable Electricity. Excellent Local Customer Service. Prompt Restoration.
That's the Public Power Advantage.
1/2
6'e g
4/9/2015 Duke Energy Progress receives FERC approval for plans to purchase NCEMPA generation assets - Duke Energy
7 ENERGY
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Duke Energy Progress receives FERC approval for plans to
purchase NCEMPA generation assets
Dec. 10, 2014
RALEIGH, N.C. - Duke Energy Progress has received approval from the Federal Energy Regulatory Commission (FERO) to proceed with plans to purchase the North
Carolina Eastern Municipal Power Agency's (NCEMPA) generating assets.
The FERC ruling, issued late yesterday, was based on a filing made by Duke Energy Progress on Oct. 10, 2014.
The ruling is an important milestone of the approximately S1.2 -billion transaction with NCEMPA, announced July 28, 2014.
NCEMPA currently maintains partial ownership interest in several Duke Energy Progress plants, including Brunswick Nuclear Plant Units 1 and 2 (Brunswick County): Mayo
Plant (Person County), Roxboro Plant Unit 4 (Person County) and the Harris Nuclear Plant (Wake County).
The Power Agency's ownership interest in these plants represents approximately 700 megawatts of generating capacity. NCEMPA members' distribution assets are not part
of the agreement, and will continue to be owned and maintained by those members.
"We are pleased to receive these approvals toward our goal of completing this purchase and providing positive benefits for both Duke Energy Progress customers and
NCEMPA members," said Paul Newton, Duke Energy president — North Carolina. "We will now tum our attention to securing the state approvals necessary to close the
transaction."
"This is a positive development for NCEMPA and is good news for eastern North Carolina." ElectriCities CEO Graham Edwards said. "We still face additional regulatory
approvals before the transaction can be closed. We continue to be optimistic that we will finalize the agreement and secure a long-term, reliable and competitively priced
power supply for NCEMPA members."
FERC approval of the asset purchase agreement (APA) was necessary for Duke Energy Progress to acquire the Power Agency's ownership interest in the utility's plants. as
well as associated fuel inventories and spare parts. In addition, FERC approval was required for Duke Energy Progress to enter into a 30 -year wholesale power supply
agreement with NCEMPA to continue meeting the needs of NCEMPA customers currently served by the Power Agency's interest in Duke Energy Progress' plants. FERC
also approved inclusion of the transaction in power supply contracts for certain other wholesale customers.
Now that the FERC review is complete. Duke Energy Progress and NCEMPA will pursue required state approvals, as well as the approval of the Nuclear Regulatory
Commission.
Duke Energy Progress and NCEMPA will work diligently to close the transaction as quickly as possible. with a target to close by the end of 2015.
Under the terms of the agreement. approvals must be received and the transaction completed by the end of 2016. Ultimately, the timing of the transaction will be determined
by the remaining approval process.
About North Carolina Eastern Municipal Power Agency
NCEMPA consists of 32 cities and towns in eastern North Carolina, including some of the largest cities in the region. NCEMPA participants own and operate their electric
systems and serve nearly 270,000 retail customers. NCEMPA was formed in 1978 and is managed by ElectnCities of North Carolina, headquartered in Raleigh.
Mote information about Ele.ctriCities is available at www.olectricities.com (http://www.eiectricities.coml
About Duke Energy Progress
Duke Energy Progress. a subsidiary of Duke Energy (NYSE: DUK). provides electricity and related services to nearly 1.5 million customers in North Carolina and South
Carolina. The utility is headquartered in Raleigh, N.C., and serves a territory encompassing more than 34,000 square miles including the cities of Raleigh, Wilmington and
Asheville in North Carolina and Florence and Sumter n South Carolina. More information is available at www.duke-energy.com (httpd/www.duke-enerpv.coml .
Headquartered in Charlotte, N.C., Duke Energy is a Fortune 250 company traded on the New York Stock Exchange under the symbol DUK. More information about the
company is available at www.duke-energy.com ihttp:r/www.duke-enercw.coml .
Contact: Jeff Brooks, Duke Energy
Office: 919.219.9215 1 24 -Hour: 800.559.3853
Email: jeff.brooks2@duke-energy.com (mailto:ieff.brooks2Pduke-energv.com)
Contact. Rebecca Agner, EiectriCities of North Carolina
Office: 919.760.6334
Email: ragner(n7elQc ricities.org (mailto:ragner@electricitles.orgt
Back to News Releases t/newsldefault.aspl
http://www.duke-energy.com/news/releases/2014121001.asp
rnV112q
t
4/9/2015 Duke Energy makes $1.2B deal for municipal shares in power plants - Charlotte Business Journal
From the Charlotte Business Journal
:http://www.bizjournals.com/charlotte/blog/energy/2014/07/duke-energy-
makes-1-2b-deal-for-municipal-shares.html
Duke Energy makes $1.2B deal for
municipal shares in power plants
Jul 28, 2014, 12:12pm EDT Updated: Jul 29, 2014, 7:23am EDT
John Downey
Senior Staff Writer- Charlotte Business Journal
Email 1 Twitter 1 Google+
Duke Energy (NYSE:DUK) has agreed to pay the N.C. Eastern Municipal Power Agency $1.2
billion to purchase shares in several power plants owned by the agency in the eastern part of
the state.
Duke will purchase about 700 megawatts worth of capacity owned by the 32 municipal power
companies that belong to the agency.
Duke Energy Progress will sign a 30 -year contract to sell the power produced by that capacity
to the agency for distribution to its municipal power company members.
Rebecca A ner, spokeswoman for ElectriCities of North Carolina, which operates NCEMPA,
says once that agreement is made, Charlotte -based Duke will provide essentially all of the
power used by its eastern N.C. members.
Regulatory approvals
The agency purchases a small amount of solar energy from an independent producer.
The deal is expected to close by the end of 2016. But both sides hope it can be completed
earlier.
The uncertainty of that timeline involves the length of necessary federal and state approval
proceedings. The most important of those will be proceedings before the Federal Energy
Regulatory Commission.
Cost savings
The power capacity Duke is purchasing consists of a 16.2 percent share in the Harris Plant; an
httpJ/www.bizjournals.com/charlotte/blog/energy/2014/07/duke-energy-makes-1-2b-deal-for-municipal-shares.htm I?s= print
(oC-113
4/9/2015 Duke Ener makes $1.2B deal for municipal shares in power plants - Charlotte Business Journal
18.3 percent share in the Brunswick 1 and 2 plants; a 16.2 percent share in the Mayo l Fant;
and a 12.9 percent share in the Roxboro Plant.
There will be cost savings for customers of the municipal power companies and Duke Energy
Progress, the two sides say.
There has been a long battle over what to do with the municipals' share of those plants — and
the $2 billion or so in debt they carried. That dispute led several eastern N.C. cities to challenge
Duke's purchase of Progress Energy Inc. in 2012.
Merger delay
That challenge, which took the form of questions about Duke's wholesale market dominance
after the merger, delayed the merger by at least six months. The FERC rejected Duke's initial
proposals to address those market issues, delaying the closing of the deal to July 2, 2012, from
its original target of Jan. 1, 2012.
�m A
The big savings for the municipal power e6mpan es and their customers will be in savings on
those interest costs. The purchase price will be applied to the debt, which currently totals
about $1.9 billion. That will reduce the interest costs, which had been driving the rates for the
eastern N.C. municipal power companies significantly higher than the utility prices.
Varied impact
The.. deal, would allow the agency to eliminate the "d yxas'''mucr s 70 percent.
"We've been investigating options to lower our costs for several years while preserving the
benefits of public power," says Graham Edwards, ElectriCities chief executive. "Selling our
generation assets is a significant way we can achieve that goal and strengthen (public power's)
future in eastern North Carolina."
Agner says the impact on customers will vary from municipality to municipality. The agency has
not yet been able to calculate exactly what those savings will be. But the savings are expected
to be noticeable.
Fuel costs
The savings to Duke customers will not be as dramatic. But the fuel costs for the plant shares
owned by the municipalities is lower than Duke's average fuel costs.
That is because the vast majority of those capacity shares are in nuclear plants, which have
very low fuel costs.
If the 30 -year power purchase contract is signed, the municipalities will be paying the average
fuel costs for the system. That will spread those fuel costs over a greater number of customers,
making for fuel savings for Duke Progress' direct customers.
"We have been providing electric service to NCEMPA members for more than 100 years, and
http://www.bizjournals.com/charlotte/blog/energy/2014/07/duke-energy-makes-1-2b-deal-for-m uni ci pal-shares.htm I?s=print
4/9/2015 Duke Energy makes $1.2B deal for municipal shares in power plants - Charlotte Business Journal
we look forward to beginning this new chapter in our ongoing commitment to the communities
of eastern North Carolina," says Paul Newton, Duke's N.C. president.
John Downey covers the energy industry and public companies for the Charlotte
Business Journal.
http://www.bizjournals.com/charlotte/blog/energy/2014/07/duke-energy-makes-1-2b-deal-for-municipal-shares.htm l?s=print
4/9/2015 Printer Friendly: Exclusive: American Electric Power taps Goldman for power plant sale - The Deal Pipeline (SAMPLE CONTENT: NEED AN ID?)
1
ipehn
Exclusive: American Electric Power taps Goldman for power
plant sale
by r►3nd ,..e,. Published January 6, 2015 at 10:32 AM ET
American Electric Power Co. (AEP), the Columbus,
Ohio-based electric utility with a $29 billion market
capitalization, has retained Goldman, Sachs & Co. to
explore options for its 7,923 megawatt merchant
generation business
The investment bank's hiring had been reported to The
Deal by three sources familiar with the matter.
When reached on Tuesday, an AEP spokeswoman
confirmed that Goldman had been retained. She said
that no timeframe has been set and the company has
yet to determine whether a sale will occur. Calls to
Goldman were not returned.
The power plant portfolio likely will fetch $350 to $450 per kilowatt hour, which could result in a sale price ranging
from approximately $2.8 billion to $3.6 billion, according to three industry sources.
The portfolio is situated in the PJM, or Pennsylvania, New Jersey, Maryland Power Pool and AEP fully owns and
operates 69% of the fleet. It has three coal facilities, consisting of Gavin (2,665), Cardinal 1 (595 MW), and
Conesville 5, 6 (810 MW), and two gas plants, including Waterford (840 MW) and Darby (507 MW). AEP also
operates 4% of Conesville 4, a 339 MW coal plant; it has a 12% non-operating interest in Zimmer and Stuart, two
coal-fired facilities with 330 MW and 603 MW of capacity, respectively; and it has a 15% stake in Lawrenceburg, a
1,186 MW gas facility.
The merchant business does not fit with the company's profile, as AEP is a regulated utility at its core, said one of
the industry sources. It has a $12 billion capital expenditure program for 2015 to 2017, with 96% of its capital
allocated to its regulated businesses: $2.7 billion for regulated generation, $3.6 billion for regulated distribution, and
$4.8 billion for regulated transmission.
"The company has a much cleaner story with the merchant business gone," said an industry source.
AEP is among a number of electric utilities trying to reduce their exposure to the competitive power markets
through merchant power plant divestitures.
http://www.thedeal.com/content/2015/01/exclusive americanelectric_power_tapsyoldman for_power_plant_sale/print/
f - [ 3 1/2
4/9/2015 Printer Friendly: Exclusive: American Electric Power taps Goldman for power plant sale - The Deal Pipeline (SAMPLE CONTENT: NEED AN ID?)
Regulated power plants are owned by regulated utilities with rates negotiated between the utility and state utility
commission and set at levels to fund plant maintenance and operating costs and provide a retum.
Merchant power plants, on the other hand, are unregulated and sell power into the competitive market, and a return
is not guaranteed.
A sale or spin of this business makes sense now as PJM has made a filing with the Federal Energy Regulatory
Commission to propose some rule changes. If FERC approves the changes, it could have significant ramifications
for the May 2015 capacity auction, which could, in tum, improve the pricing of AEP's assets.
"Everyone in the industry expected AEP to sell or spin the merchant business because of the volatility associated
with it so this is not a surprise," said a second industry source, noting that a couple of its peers recently completed
similar deals.
For example, in June PPL Corp. (PPL) and Riverstone Holdings LLC announced an agreement to combine their
unregulated power generation businesses into a new, standalone, publicly traded company called Talen Energy
Corp.
Duke Energy Corp. (DUK), the Charlotte, N.C.-based electric utility, opted for an outright sale, announcing on Aug.
22, that it had sold its Midwest power generation assets to Dynegy Inc. (DYN), the Houston-based independent
power producer, in a transaction valued at $2.8 billion. Duke Energy had announced back in Feb. 17 last year that it
had retained Morgan Stanley and Citigroup Inc. to shop the assets.
However, a third industry source said it is far from clear whether a transaction will ultimately occur as pricing could
be an issue. AES Corp. (AES), based in Arlington, Va., tried to exit its merchant business, but then announced on
July 14 that it was pulling the sale of Dayton, Ohio-based subsidiary DPL Inc.'s (DPL) generation and retail
businesses. That business had been expected to garner $1.5 billion to $2 billion in a sale AEP is one of the largest
electric utilities in the U.S., serving more than five million customers in 11 states. It has nearly 38,000 MW of
generating capacity and 40,000 miles of electric transmission.
http://www.thedeal.com/content/2015/0l/exclusive_american_electric.power_tapsgoldman_for power prant_sale/print/
6,• 1'4 212
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 27th Street
Vero Beach, FL 32960
TO:
FROM: DIANE BERNARDO, FINANCE DIRECT
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: April 2, 2015
SUBJECT: APPROVAL OF WARRANTS
March 28, 2015 to April 2, 2015
HONORABLE BOARD OF COUNTY COMMISSIONERS
In compliance with Chapter 136.06, Florida Statutes, all warrants (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 list of warrants, issued by the Comptroller's office, for the
time period of March 28, 2015 to April 2, 2015.
Attachment:
DB: MS
7
CHECK NBR
324421
324422
324423
324424
324425
324426
324427
324428
324429
324430
324431
324432
324433
324434
324435
324436
324437
324438
324439
324440
324441
324442
324443
324444
324445
324446
324447
324448
324449
324450
324451
324452
324453
324454
324455
324456
324457
324458
324459
324460
324461
324462
324463
324464
324465
324466
324467
324468
324469
324470
324471
324472
324473
324474
324475
324476
324477
324478
CHECKS WRITTEN
CK DATE VENDOR AMOUNT
3/30/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00
4/1/2015 GRACES LANDING LTD 191.00
4/1/2015 LINDSEY GARDENS LTD 716.00
4/1/2015 CREATIVE CHOICE HOMES XVI LTD 2,655.00
4/1/2015 TREASURE COAST HOMELESS SERVICES 260.00
4/1/2015 PINNACLE GROVE LTD 597.00
4/1/2015 VERO CLUB PARTNERS LTD 562.00
4/1/2015 THE PALMS AT VERO BEACH 2,272.00
4/1/2015 PELICAN ISLES LP 870.00
4/1/2015 INDIAN RIVER RDA LP 446.00
4/1/2015 LINDSEY GARDENS II LTD 320.00
4/1/2015 AHS HOLDINGS GROUP LLC 575.00
4/1/2015 DANIEL CORY MARTIN 1,073.00
4/1/2015 SARAH SPANN 891.00
4/1/2015 MADISON CAY LTD 539.00
4/1/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 2,093.00
4/1/2015 ORANGE COUNTY HOUSING & C D 515.54
4/1/2015 ALL FLORIDA REALTY SERVICES INC 3,277.00
4/1/2015 VERO BEACH EDGEWOOD PLACE (305-113) 650.00
4/1/2015 GRACES LANDING LTD 9,025.00
4/1/2015 MICHAELJACKOWSKI 496.00
4/1/2015 PAUL JULIN 519.00
4/1/2015 TERRY A LAWRENCE 39.00
4/1/2015 LINDSEY GARDENS LTD 4,604.00
4/1/2015 BRYAN D BLAIS 762.00
4/1/2015 RIVER PARK ASSOCIATES 16,345.00
4/1/2015 RICHARD C THERIEN 493.00
4/1/2015 CREATIVE CHOICE HOMES XVI LTD 5,952.00
4/1/2015 DAVID YORK 506.00
4/1/2015 ST FRANCIS MANOR OF VERO BEACH 436.00
4/1/2015 CITY OF VERO BEACH 196.00
4/1/2015 TREASURE COAST HOMELESS SERVICES 2,832.00
4/1/2015 FLORIDA POWER AND LIGHT 320.00
4/1/2015 FULCHINI ENTERPRISES INC 281.00
4/1/2015 PATRICIA MEZZINA 850.00
4/1/2015 VENETIAN APARTMENTS OF VERO BEACH 868.00
4/1/2015 HERMOSA PROPERTIES LLC 294.00
4/1/2015 PINNACLE GROVE LTD 7,438.00
4/1/2015 VERO CLUB PARTNERS LTD 19,296.00
4/1/2015 INDIAN RIVER COUNTY HOUSING AUTHORITY 478.00
4/1/2015 CRAIG MERRILL 1,199.00
4/1/2015 CHRISTINE SALTER 508.00
4/1/2015 HAGGERTY FAMILY LTD 299.00
4/1/2015 THE PALMS AT VERO BEACH 14,569.00
4/1/2015 FELLSMERE COMM ENRICHMENT PROGRAM INC 93.00
4/1/2015 HENRY 0 SPEIGHT 656.00
4/1/2015 DAVID CONDON 586.00
4/1/2015 HILARY MCIVOR 680.00
4/1/2015 PAULA LANE 405.00
4/1/2015 JOHN A CAPPELLO 310.00
4/1/2015 TCG SONRISE 11 LLC 835.00
4/1/2015 PELICAN ISLES LP 6,321.00
4/1/2015 SUNCOAST REALTY & RENTAL MGMT LLC 7,101.00
4/1/2015 OAK RIVER PROPERTIES INC 812.00
4/1/2015 MICHAEL KANNER 611.00
4/1/2015 ADINA GOLDMAN
4/1/2015 INDIAN RIVER RDA LP
4/1/2015 GEORGE THUYNS
530.00
1,210.00
640.00
1
CHECK NBR
324479
324480
324481
324482
324483
324484
324485
324486
324487
324488
324489
324490
324491
324492
324493
324494
324495
324496
324497
324498
324499
324500
324501
324502
324503
324504
324505
324506
324507
324508
324509
324510
324511
324512
324513
324514
324515
324516
324517
324518
324519
324520
324521
324522
324523
324524
324525
324526
324527
324528
324529
324530
324531
324532
324533
324534
324535
324536
324537
324538
CK DATE
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
VENDOR
LAZY J LLC
SYLVIA MCNEILL
SKOKIE HOLDINGS INC
ROGER WINSLOW
TAMMY MEEKS
COURTYARD VILLAS OF VERO LLC
VINCENT PILEGGI
OSLO VALLEY PROPERTIES INC
VICKY L STANLEY
CORY J HOWELL
CHOICE RENTALS INC
OSCEOLA COUNTY SECTION 8
LINDSEY GARDENS 11 LTD
ANTHONY ARROYO
AHS HOLDINGS GROUP LLC
YVONNE KOUTSOFIOS
ALAN R TOKAR
VILLAS OF VERO BEACH
BRIAN E GALLAGHER
MANUEL V CAMACHO SR LLC
HOUSING AUTHORITY
STEPHANIE WATCHEK FOUNTAIN TRUST
MICHAEL STILES
BLTREJV3 PALM BEACH LLC
LINDA KAY SHORT
RACHEL G SIDMAN
SCOT WILKE
MARK BAER
WANELL DONNELLI
J & K PALMER ENTERPRISES LLC
THEODORE BARTOSIEWICZ
FOUNDATION FOR AFFORDABLE RENTAL HOUSING
BRADLEY C LEEDHAM
RICHARD KUSSEROW
PORT CONSOLIDATED INC
JORDAN MOWER INC
TEN -8 FIRE EQUIPMENT INC
RANGER CONSTRUCTION IND INC
VERO CHEMICAL DISTRIBUTORS INC
CHISHOLM CORP OF VERO
KIMLEY HORN & ASSOC INC
VELDE FORD INC
STEWART MATERIALS INC
PARALEE COMPANY INC
B G KENN INC
E -Z BREW COFFEE & BOTTLE WATER SVC
KELLY TRACTOR CO
MCMASTER CARR SUPPLY CO
MY RECEPTIONIST INC
AMERIGAS EAGLE PROPANE LP
AMERIGAS EAGLE PROPANE LP
AMERIGAS EAGLE PROPANE LP
AMERIGAS EAGLE PROPANE LP
AMERIGAS EAGLE PROPANE LP
GAYLORD BROTHERS INC
LFI FORT PIERCE INC
PARKSON CORPORATION
HD SUPPLY WATERWORKS, LTD
VERO INDUSTRIAL SUPPLY INC
FLORIDA VETERINARY LEAGUE
AMOUNT
989.00
647.00
744.00
482.00
176.00
1,199.00
376.00
850.00
795.00
242.00
825.00
643.54
4,963.00
295.00
4,502.00
373.00
710.00
483.00
470.00
622.00
627.54
241.00
532.00
1,887.00
443.00
462.00
467.00
483.00
353.00
221.00
468.00
10,488.00
538.00
479.00
1,316.22
567.41
25,591.75
632.95
596.60
4,063.09
17,260.00
1,593.56
533.65
5,434.00
90.84
11.48
791.48
49.22
273.97
28.63
29.75
1,057.18
1,525.67
1,979.52
216.68
302.80
1,124.62
1,147.60
249.15
331.73
2
CHECK NBR
324539
324540
324541
324542
324543
324544
324545
324546
324547
324548
324549
324550
324551
324552
324553
324554
324555
324556
324557
324558
324559
324560
324561
324562
324563
324564
324565
324566
324567
324568
324569
324570
324571
324572
324573
324574
324575
324576
324577
324578
324579
324580
324581
324582
324583
324584
324585
324586
324587
324588
324589
324590
324591
324592
324593
324594
324595
324596
324597
324598
CK DATE
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
VENDOR
GENERAL PART INC
BAKER & TAYLOR INC
BARNEYS PUMP INC
MICROMARKETING LLC
K & M ELECTRIC SUPPLY
RELIABLE POLY JOHN
CITY OF VERO BEACH
CITY OF VERO BEACH
INDIAN RIVER ALL FAB INC
UNITED PARCEL SERVICE INC
FLORIDA GOVERNMENT FINANCE
PUBLIX SUPERMARKETS
ARTHUR J GALLAGHER RISK MGMT SERV INC
SAN MARCO INT'L INC
ACUSHNET COMPANY
GEOSYNTEC CONSULTANTS INC
DON LAWLESS
SOUTHEAST DESALTING ASSOCIATION
CALLAWAY GOLF SALES COMPANY
FLORIDA POWER AND LIGHT
TAYLOR MADE GOLF CO INC
GIFFORD YOUTH ACTIVITY CENTER INC
SUNSHINE STATE ONE CALL OF FL INC
JASON E BROWN
FLORIDA DEPT OF ENVIRONMENTAL PROTECTION
NATIONAL ASSOC OF COUNTY PARK
BUILDING OFFICIALS ASSOC OF FLORIDA
GERALD A YOUNG SR
COMFORT INN
GREY HOUSE PUBLISHING
NATIONAL ALLIANCE FOR YOUTH SPORTS
ALAN C KAUFFMANN
INDIAN RIVER COUNTY HISTORICAL
WESTSIDE REPROGRAPHICS OF VERO BEACH INC
COMCAST
SYMBIONT SERVICE CORP
VICTOR DIXON
BROADCAST MUSIC INC
RUSSELL PAYNE INC
CELICO PARTNERSHIP
CINTAS CORPORATION NO 2
JOSEPH W VASQUEZ
FLORIDA FLOODPLAIN MANAGERS ASSOC
RECYCLE FLORIDA TODAY INC
PARGAS
MBV ENGINEERING INC
DICKERSON FLORIDA INC
NATIONAL SEMINARS GROUP
JOSE RIVERA
1ST FIRE & SECURITY INC
KENNY CAMPBELL JR
ANDY SOBCZAK
JOHNNY B SMITH
CHARLES A WALKER
IRC SOCCER ASSOC
RICK N STARR II
RENAE CHANDLER
K'S COMMERCIAL CLEANING
THE SPIVEY GROUP INC
ROBIN MILLER
AMOUNT
1,149.11
796.54
276.00
315.53
87.51
81.52
5,329.81
652.43
241.98
58.46
23.00
80.95
397.00
315.30
6,236.90
8,811.61
60.00
425.00
260.56
37,755.29
35.75
10,377.95
1,108.79
225.00
150.00
90.00
350.00
45.00
119.00
698.95
140.00
100.00
494.88
30.36
82.90
4,431.68
7.16
601.20
858.48
120.11
158.78
60.00
60.00
275.00
456.50
2,025.01
623,791.86
24.95
60.00
135.00
60.00
16.91
60.00
60.00
600.00
1,799.28
60.00
16,954.08
600.00
125.57
3
CHECK NBR
324599
324600
324601
324602
324603
324604
324605
324606
324607
324608
324609
324610
324611
324612
324613
324614
324615
324616
324617
324618
324619
324620
324621
324622
324623
324624
324625
324626
324627
324628
324629
324630
324631
324632
324633
324634
324635
324636
324637
324638
324639
324640
324641
324642
Grand Total:
CK DATE
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
VENDOR
HERITAGE CRYSTAL CLEAN INC
ATLANTIC COASTAL LAND TITLE CO LLC
GUETTLER BROTHERS CONSTRUCTION LLC
MURPHY & WALKER P L
SAFETY SCHELL CORPORATION
TELE -WORKS INC
OVERDRIVE INC
RAYMOND J DUCHEMIN
BORRELLI & PARTNERS INC
GFA INTERNATIONAL INC
JOSHUA GHIZ
THOMAS SCHILLING
TIM ZORC
LOWES HOME CENTERS INC
LABOR READY SOUTHEAST INC
BURNETT LIME CO INC
O SPORTSWEAR LLC
PENGUIN RANDOM HOUSE LLC
ROBERT DOERR UPHOLSTERY
SOUTHERN MANAGEMENT LLC
GONZALEZ SAGGIO & HARLAN LLP
RYAN HERCO PRODUCTS CORP
CHEMTRADE CHEMICALS CORPORTATION
WADE WILSON
AMOUNT
29.82
225.00
586,642.21
3,612.28
95.00
17,075.00
126.91
60.00
10,401.35
2,522.25
1,195.26
7.16
769.00
529.48
1,160.64
6,424.60
297.00
117.50
500.00
831.75
26,713.48
858.45
1,169.38
60.00
BAKER DONELSON BEARMAN CALDWELL & BERKO \ • 120.00
REFLECTION POOL SERVICE INC
AXIS DATA SOLUTIONS INC
TREASURE COAST HEALTH COUNCIL INC
VERITAS GOLF LLC
EMA INC
QUALITY VALVE SALES INC
RELIANT FIRE SYSTEMS INC
J A TAYLOR ROOFING INC
ALFA LAVAL ASHBROOK SIMON-HARTLEY INC
HAWKINS INC
KEECLEAN MANAGEMENT INC
ENCORE ONE LLC
DELILA KAY MORTON
DONALD G BAUER
BENEDUCE REALTY INC
JASON R SIEFFERT
VB ONE LLLP
RANDY KING
UT REFUNDS
1,020.00
1,265.72
27,000.00
861.17
7,383.73
4,681.59
767.50
89,000.00
5,239.32
360.00
6,565.00
2,271.86
500.00
27.65
42.51
398.11
23,930.62
93.15
521.79
1,797,301.06
4
TRANS. NBR
1006234
1006235
1006236
1006237
1006238
1006239
1006240
1006241
1006242
1006243
1006244
1006245
1006246
1006247
1006248
1006249
1006250
1006251
1006252
1006253
1006254
1006255
1006256
1006257
1006258
1006259
1006260
1006261
1006262
1006263
1006264
1006265
1006266
1006267
1006268
1006269
1006270
1006271
1006272
Grand Total:
ELECTRONIC PAYMENT - VISA CARD
DATE
3/31/2015
4/1/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
4/2/2015
VENDOR
AT&T
ARAMARK UNIFORM & CAREER APPAREL LLC
EVERGLADES FARM EQUIPMENT CO INC
COMMUNICATIONS INTERNATIONAL
COPYCO INC
HENRY SCHEIN INC
SAFETY PRODUCTS INC
DAVIDSON TITLES INC
MIKES GARAGE & WRECKER SERVICE INC
DAVES SPORTING GOODS & TROPHIES
APPLE INDUSTRIAL SUPPLY CO
ALLIED UNIVERSAL CORP
IRRIGATION CONSULTANTS UNLIMITED INC
JOHN DEERE COMPANY
SOUTHERN COMPUTER WAREHOUSE
CENGAGE LEARNING CORPORATION
DEERE & COMPANY
DLT SOLUTIONS LLC
FERGUSON ENTERPRISES INC
ROGER CLEVELAND GOLF INC
DUNKELBERGER ENGINEERING & TESTING
PRIDE ENTERPRISES
GLOBAL GOLF SALES INC
ESRI INC
MIDWEST MOTOR SUPPLY CO
RECHTIEN INTERNATIONAL TRUCKS
FLAGLER CONSTRUCTION EQUIPMENT LLC
POLYDYNE INC
SOUTHERN JANITOR SUPPLY INC
CAPITAL OFFICE PRODUCTS
HARCROS CHEMICALS, INC.
METRO FIRE PROTECTION SERVICES INC
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
AUTO PARTNERS LLC
CON -AIR INDUSTRIES INC
S & S AUTO PARTS
HYDRA SERVICE (S) INC
HORIZON DISTRIBUTORS INC
PACE ANALYTICAL SERVICES INC
AMOUNT
3,756.08
1,229.12
458.96
25,739.55
160.18
1,049.40
239.74
39.27
260.00
2,654.00
40.48
8,173.78
29.35
18, 769.62
3,159.14
45.43
162.39
2,389.48
7,430.14
1,128.60
13,610.00
167.99
69.41
1,070.00
85.34
137.21
1,515.49
2,507.00
750.10
489.98
6,192.34
810.60
67.24
489.59
1,889.52
838.21
7,924.46
1,074.92
204.00
116,808.11
1
TRANS NBR
3502
3503
3504
3505
3506
3507
3508
3509
3510
3511
3512
Grand Total:
ELECTRONIC PAYMENTS - WIRE & ACH
DATE
3/30/2015
3/31/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/1/2015
4/2/2015
4/2/2015
VENDOR AMOUNT
IRS -PAYROLL TAXES 355,245.58
FL RETIREMENT SYSTEM 405,790.93
AGENCY FOR HEALTH CARE ADMIN 13,173.89
US BANK 667,356.25
INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 72,425.59
INDIAN RIVER COUNTY SHERIFF
CLERK OF CIRCUIT COURT
AMERICAN FAMILY LIFE ASSURANCE CO
ALLSTATE
C E R SIGNATURE CLEANING
SENIOR RESOURCE ASSOCIATION
3,245,621.36
78,885.33
15,903.98
447.76
15,950.00
225,114.61
5,095,915.28
1
CONSENT: 4/14/15
Office
f .f
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Kate Pingolt Cotner, Assistant County Attorn
DATE: April 7, 2015
SUBJECT: Out -Of -County Travel to Attend a TEFRA Hearing in Tallahassee
y
Out -of -county travel is requested for commissioners and staff to attend a public hearing
being held by the Florida Development Finance Corporation on April 20, 2015, at 9:00
a.m., in Tallahassee, Florida. The public hearing is being held in accordance with Tax
Equity and Fiscal Responsibility Act of 1982 ("TEFRA"). The declared purpose of the
public hearing is to provide a reasonable opportunity for interested persons to express
their views on the proposed issuance by FDFC of $1.75 billion in Transportation Facilities
Revenue Bonds.
kpc
Approved for April 14, 2015 BCC Meeting
CONSENT AGENDA
COUNTY ATTORNEY
Indian River Co. I
Ap roved
Date
Admin.
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FLORIDA DEVELOPMENT FINANCE CORPORATION
NOTICE OF PUBLIC HEARING
Aliment
...� Gist* naih Ent cast
Aitivay Egli&
Statirfs
For the purposes of Section 147(0 of the Internal
Revenue Code of 1986, as amended, notice is hereby
given that the Florida Development Finance
Corporation ("FDFC") will hold a public hearing on
April 20, 2015 at 9:00 a.m, located at Residence Inn,
600 West Gaines Street, Tallahassee, Florida 32304, to
provide a reasonable opportunity for interested persons
to express their views both orally or in writing on the
proposed issuance by the FDFC of its Transportation
Facilities Revenue Bonds (AAF Holdings LLC
Project), Series 2015 (the "Bonds") in an amount not to
exceed $1,750,000,000. The proceeds of the Bonds
will be loaned by the FDFC to AAF Holdings LLC,
and one or more of its affiliates, subsidiaries or related
entities (collectively, the "Borrower"). The Borrower
will use the proceeds of the Bonds to (i) finance or
refinance the cost of (or reimburse themselves for prior
expenditures for) acquisition, construction, renovation
and equipping of a privately owned and operated
intercity passenger rail system with stations located in
Orlando, West Palm Beach, Fort Lauderdale and
Miami, Florida, (ii) fund debt service reserves, if any;
(iii) fund capitalized interest on the Bonds, if any; and
(iv) pay costs associated with the issuance of the
Bonds (collectively, the "Project"). The facilities to be
financed with the proceeds of the Bonds will be
located only in Miami -Dade, Broward, Palm Beach,
Brevard and Orange Counties. A further description of
that portion of the Project located in Miami -Dade, Broward, Palm Beach, Brevard and
Orange Counties is set forth below. The Project will utilize the existing Florida East
Coast Railway corridor in Miami -Dade, Broward and Palm Beach counties and a portion
in Brevard County. In Brevard County, the Borrower will utilize the existing Florida East
Coast Railway corridor between the southern Brevard County line and the existing
Florida East Coast Railway spur in Cocoa. From there, the proposed Project route would
utilize the existing spur that veers west from the Florida East Coast Railway mainline and
the new rail construction along the State Road 528 right of way. In Orange County, the
Borrower will build new rail along the existing State Road 528 right of way. The
passenger rail stations will be located at the following locations: 605 NW 1S` Avenue,
Miami, FL on an approximately 9 acre site; 101 NW 2°d Ave, Fort Lauderdale, FL on an
MIA 184170829v7
approximately 5 acre site; approximately 501 Evernia Street and 504 Datura Street, West
Palm Beach, FL on an approximately 2 acre site; and the Orlando International Airport,
Orlando, FL, which will entail approximately 40,000 square feet of tenant improvements
in a larger structure at the Orlando International Airport. The Project will also include
vehicle maintenance facilities at the Orlando International Airport, encompassing
approximately 80 acres, and at 603 15`" Street, West Palm Beach, FL, encompassing
approximately 13 acres.
The Bonds are being issued under the authority of the Florida Development
Financing Corporation Act of 1993, as amended (the "Act"). The Bonds shall be payable
solely from the revenues derived from a loan and other financing documents to be
executed between the FDFC and the Borrower prior to or contemporaneously with the
issuance of the Bonds. Such Bonds and the interest thereon shall not constitute an
indebtedness or pledge of the general credit or taxing power of the State of Florida or any
political subdivision or agency thereof. Issuance of the Bonds is subject to several
conditions including satisfactory documentation and receipt of necessary approvals for
the financing. The aforementioned meeting shall be a public meeting and all persons
who may be interested will be given an opportunity to be heard concerning the same.
Written comments may also be submitted prior to the hearing to the Florida Development
Finance Corporation at 800 North Magnolia Avenue, Suite 1100, Orlando, Florida 32803,
directed to the Executive Director. Comments made at the hearing are for the
consideration of the party(ies) providing an approval of this project, but will not bind the
FDFC or such party(ies) as to any action it may take.
ALL PERSONS FOR OR AGAINST SAID APPROVAL CAN BE HEARD AT
SAID TIME AND PLACE. PERSONS INTERESTED IN TAKING FURTHER
ACTION WITH RESPECT TO SUCH HEARING OR MEETING WILL NEED TO
ENSURE THAT A VERBATIM RECORD OF SUCH HEARING OR MEETING IS
MADE (AT THEIR SOLE COST AND EXPENSE) WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH ANY ACTION IS BASED.
In accordance with the Americans with Disabilities Act, persons needing a special
accommodation to participate in this proceeding should contact the FDFC no later than
seven (7) days prior to the proceeding at the address given in this notice or by telephone
at (407) 956-5695.
By order of the FDFC.
FLORIDA DEVELOPMENT FINANCE
CORPORATION
2
MIA 184170829v7
16
OC,
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO:
THROUGH:
FROM:
SUBJECT:
Joseph A. Baird,
County Administrator
itrt,./
Christopher R. Mora, P.EC_
Public Works Director
James D. Gray, Jr.
Coastal Engineer
CONSENT AGEND
Full Release of Retainage for Ecological Associates, Inc.,
Work Order No. 4 — Sector 3 Beach Restoration — 2014 Post
Construction Monitoring Services
DATE: April 7, 2015
DESCRIPTION AND CONDITIONS
On March 19, 2013 the Board approved a contract with Ecological Associates, Inc. (EAI) for
professional coastal environmental services in Indian River County for a two-year term, 2013-
2015. On March 17, 2015, the Board renewed the contract until March 19, 2017. EAI is the
selected County consultant for professional biological monitoring services related to the Sector
3 Beach Restoration Project.
Work Order No. 4 to this contract provided for services related to 2014 post construction
monitoring for the Sector 3 Beach Restoration Project. The Board approved Work Order No. 4
amount was $324,920 and includes 12 separate tasks.
All tasks under Work Order No. 4 are now complete except for an optional task (Task 7) that was
later determined to be unnecessary; task 7 totaled $3,726. Therefore, the total amount of Work
Order No. 4 was $321,194.
The subject of this agenda item is the release of the withheld retainage in the amount of
$32,119.40.
FUNDING
Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as
well as allocation of the One Cent Sales Tax. Funding for the release of retainage is from
Account # 128-206004-05054.
F:\Public WorksJamesG\Sector 3\EAI Work Orders\EAI WO # 4\Agenda Item\memo full release of retainage EAI Work
Order No. 4.docx
17
Page 2
BCC Consent Agenda Item
Sector 3 Beach Restoration
April 7, 2015
RECOMMENDATION
Staff recommends the Board approve the release of all withheld retainage for Work Order No. 4
in the amount of $32,119.40.
ATTACHMENT
Ecological Associates, Inc. Release of Retainage Invoice, dated March 31, 2015
APPROVED AGENDA ITEM
FOR: April 14, 2015
BY:
Indian River
County
Approved
Date
Administration
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F:\Public Works\JamesG\Sector 3\EAI Work Orders\EAI WO # 4\Agenda Item\memo full release of retainage EAI Work
Order No. 4.docx
18
-12,AI
/ ECOLOGICAL ASSOCIATES, INC.
ECOLOGICAL ASSOCIATES, INC.
P.O. BOX 405
JENSEN BEACH, FLORIDA 34958
FEIN: 65-0468575
RELEASE OF RETAINAGE — March 31, 2015
PROJECT NAME: Indian River County Sector 3 Sea Turtle Monitoring - 2014
(PROJECT 14-339)
CLIENT:
Mr. James D. Gray, Jr.
Coastal Engineer
Indian River County Public Works
1801 27th Street
Vero Beach, Florida 32960
Phone: (772) 226-1344 Email: jgray@ircgov.com
PROJECT DESCRIPTION: Daily sea turtle monitoring and related permit -compliance
monitoring along approximately 9.1 miles of beach from R-20 south to R-68 in
Indian River County, Florida, as described in EAI's Scope of Work dated March
14, 2014.
CONTRACT: Continuing Agreement for Professional Environmental Support Services,
March 19, 2013
WORK ORDER NUMBER: 4 (April 1, 2014)
PROJECT DURATION: April 2014 — February 2015.
BILLING PERIOD: April 2014 — February 2015
CHARGES: Release of retainage for hardbottom and sea turtle monitoring performed to
date.
TOTAL CHARGES TO DATE
$321,194.00
TOTAL RETAINAGE WITHHELD TO DATE
$32,119.40
REQUESTED RELEASE OF RETAINAGE
$32,119.40
TERMS: Net 30 days.
INDIAN RIVER COUNTY PUBLIC WORK
19
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO:
THROUGH:
FROM:
SUBJECT:
Joseph A. Baird,
County Administrator
5hristopher R. Mora, P.
Public Works Director
James D. Gray, Jr.
Coastal Engineer
CONSENT AGEND
Release of Retainage for Ecological Associates, Inc.
Work Order No. 5 — Sector 3 Dune Repair Project — Late Season Sea
Turtle Monitoring Services
DATE: April 7, 2015
DESCRIPTION AND CONDITIONS
On March 19, 2013 the Board approved a contract with Ecological Associates, Inc. (EAI) for
professional coastal environmental services in Indian River County for a two-year term, 2013-
2015. On March 17, 2015, the Board renewed the contract until March 19, 2017. EAI is the
selected County consultant for professional biological monitoring services related to the Sector
3 Beach Restoration Project.
Work Order No. 5 to this contract provided for services related to Late Season Sea Turtle
Monitoring for the Sector 3 Dune Repair Project. The Board approved Work Order No. 5 amount
was not -to -exceed $21,376.
All tasks under Work Order No. 5 and are now complete. Please note, the total amount of Work
Order No. 5 was $19,352.50, a reduction of $2,023.50, as tasks 2 and 3 did not require
expenditure of all approved funds.
The subject of this agenda item is the release of the withheld retainage in the amount of
$1,935.25
FUNDING
Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as
well as allocation of the One Cent Sales Tax. Funding for the release of retainage is from
Account # 128-206001-13014.
F:\Public Works\JamesG\Sector 3 Repair Project\EAI Work Orders\WO No. 5\memo full release of retainage EAI Work
Order No. 5.docx
20
Page 2
BCC Consent Agenda Item
Sector 3 Beach Restoration
April 7, 2015
RECOMMENDATION
Staff recommends the Board approve the release of all withheld retainage for Work Order No. 5
in the amount of $1,935.25
ATTACHMENT
Ecological Associates, Inc. Release of Retainage Invoice, dated March 31, 2015
APPROVED AGENDA ITEM
FOR: April 14, 2015
Indian River
County
Approved
Date
Administration
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Budget
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F:\Public Works\JamesG\Sector 3 Repair Project\EAI Work Orders\WO No. 5\memo full release of retainage EAI Work
Order No. 5.docx
21
ECOLOGICAL ASSOCIATES, INC.
ECOLOGICAL ASSOCIATES, INC.
P.O. BOX 405
JENSEN BEACH, FLORIDA 34958
FEIN: 65-0468575
RELEASE OF RETAINAGE — March 31, 2015
PROJECT NAME: Indian River County Sector 3 Late Season Sea Turtle
Monitoring — 2014 (EAI Project No. 14-339)
CLIENT:
Mr. James D. Gray, Jr.
Coastal Engineer
Indian River County Public Works
1801 27th Street
Vero Beach, Florida 32960
Phone: (772) 226-1344 Email: igray@ircgov.com
PROJECT DESCRIPTION: Daily sea turtle permit -compliance monitoring along
approximately six (6) miles of beach from R-24 to R-55 in Indian River County,
Florida during October and November 2014.
CONTRACT: Continuing Agreement for Professional Environmental Support Services,
March 19, 2013
WORK ORDER NUMBER: 5 (September 16, 2014)
PROJECT DURATION: October 2014 — February 2015.
BILLING PERIOD: October 2014 — February 2015.
CHARGES: release of retainage for hardbottom and sea turtle monitoring performed to
date.
TOTAL CHARGES TO DATE
$19,352.50
TOTAL RETAINAGE WITHHELD TO DATE
$1,935.25
REQUESTED RELEASE OF RETAINAGE
$1,935.25
TERMS: Net 30 days.
r
INDIAN RIVER cowry PUBLIC WORKS
22
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
CONSENT
BE
TO: Joseph A. Baird, County Administrator
THROUGH: Christopher R. Mora, P.E., Public Works Director
AND
Christopher J. Kafer, Jr., P.E., County Engine
FROM: Michael D. Nixon, P. E., Roadway Production Manager
SUBJECT: Work Order No. 1— Engineering - Carter Associates, Inc.
41" Street/US1 Intersection Improvements
Indian River Project No. 1359
DATE: March 30, 2015
0-
DESCRIPTION
AND CONDITIONS
On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for
Professional Services with Carter Associates, Inc. and on November 4, 2014, approved an Extension and
Amendment of the Continuing Contract.
The purpose of Work Order No. 1 is to provide design and permitting for construction of an eastbound left
turn lane at 41St Street and US1 intersection, which will require modification of the existing US1 signalization
components to accommodate the additional vehicular lane for a lump sum amount of $86,645.00. This
additional left turn lane will extend approximately 1,100 feet to west of the Florida East Coast Railroad right-
of-way.
FUNDING
Funding is budgeted in Account No. 31521441-066510-14001, Optional Sales Tax, 415t Street/US1 Left Turn
Lane, in the amount of $86,645.00.
RECOMMENDATION
Staff recommends approval of Work Order No. 1 to Carter Associates, Inc. authorizing the above-mentioned
professional services as outlined in the attached Scope of Services (Exhibit A) and requests the Board to
authorize the Chairman to execute the attached Work Order No. 1 on their behalf for a lump sum amount of
$86,645.00.
ATTACHMENTS
1. Carter Associates, Inc., Work Order No. 1
2. Exhibit A — Scope of Services
APPROVED AGENDA ITEM
FOR April 14, 2015
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F:V?ublic Works\ENGINEERING DIVISION PROJECTS\1359-41st St_US1 Left Turn Lane\Admin\agenda items\4-15 BCC Memo
CARTER WO No. 1.doc
23
Board of County Commissioners
1801 27th Street
Vero Beach, Florida 32960
Telephone: (772) 567-8000 FAX: 772-778-9391
WORK ORDER NO. 1 (ENGINEERING)
FOR
PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT
WITH
CARTER ASSOCIATES, INC.
PROJECT:
41st Street and U.S. Highway No. 1- Intersection Improvements
Indian River County Project No. 1359
This Work Order No. 1 is in accordance with the existing AGREEMENT dated November 15,
2011 as amended November 4, 2014 between Carter Associates, Inc. (ENGINEER) and Indian
River County (COUNTY). This Work Order No. 1 amends the Agreement as follows:
SECTION I— PROJECT LIMITS
This Work Order No. 1 is for the ENGINEER to perform all professional services in connection
with the design of a portion of 41st Street and U.S. Highway No. 1, including the intersection of
41st Street and Old Dixie Highway and the intersection of 41st Street and U.S. Highway No. 1.
The design will extend approximately 1,100' north, south and west of the intersection of OId
Dixie Highway.
The 41St Street eastbound left turn lane at the approach to OId Dixie Highway will require the
paving within the Florida East Coast Railroad (FECRR) right-of-way to be widened. It is
understood the FECRR will perform the required work to the railroad facility and will perform
review and approval of all work within the FECRR right-of-way.
SECTION II - SCOPE OF SERVICES
As agreed upon between ENGINEER and COUNTY, the ENGINEER shall provide Professional
services to complete all tasks as outlined in this Work Order No. 1; specifically detailed in the
attached proposal Exhibit A.
SECTION 01— TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT
1. Project shall be completed as follows:
a. Within 120 calendar days of Notice to Proceed.
b. Time of FINAL project completion shall be within 30 calendar days of receipt of the
County's review comments from the 100% "Paper Submittal".
F:\Public Works\ENGINEERING DIVISION PROJECTS\1359-41st St_US1 Left Turn lane\Admin\agenda items\IRC CARTER ENG WO No. 1, 4-15-
2015.doc
24
IRC Work Order No. 1
Carter Associates, Inc.
April 14, 2015
Page 2 of 3
2. Deliverables -The ENGINEER shall provide the COUNTY:
a. As defined in the attached proposal and scope of services (Exhibit A) and related
digital Auto CAD and PDF files.
b. 30%, 60%, 90% and 100% submittals shall include 3 sets of plans, 1 original Cost
Estimate and Quantities (90% and 100% submittals), 1 copy drainage computations
and 1 copy other documents.
c. FINAL Deliverables, five (5) paper "hardcopy" signed and sealed sets of plans ((I.E.
Borders). Sheeted and model space (as applicable) AutoCad drawing file in release
2013, PDF formats, reports, and other pertinent documents in adequate recording
fashion. All electronic files to be on CD.
SECTION IV — COMPENSATION
The COUNTY agrees to pay, and the ENGINEER agrees to accept a lump sum amount of
$86,645.00 for the above described services rendered as identified in Sections I, II, and III of
this Work Order No. 1.
All and/or any additional services not described hereon shall be pre -approved by the
COUNTY. Approved additional services shall be invoiced at the rates disclosed in the
approved fee schedule with the ENGINEER.
All invoicing shall include Project Number 1359 and Work Order No. 1 (WO 1). Payments shall
be in accordance with the original Continuing Contract Agreement for Professional Services,
dated November 15, 2011 with the COUNTY and as stated in Section II, III and IV hereon.
The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of
the AGREEMENT shall remain in full force and effect, and are incorporated herein.
[The remainder of this page was left blank intentionally.]
F:\Public Works\ENGINEERING DIVISION PROJECTS \1359 -41st St_US1 Left Turn Lane\Admin\agenda items\IRC CARTER ENG WO No. 1, 4-15-
2015.doc
25
IRC Work Order No. 1
Carter Associates, Inc.
April 14, 2015
Page 3 of 3
IN WITNESS WHEREOF the parties hereto have executed these presents this day
of 2015.
OWNER
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Carter Associates, Inc.
Wesley S. Davis, Chairman
Patrick . Walther, P.E., Principal
Approved by BCC
ATTEST:
Jeffrey K. Smith, Clerk of Circuit Court and
Comptroller
Deputy Clerk
Approved as to Form and Legal
iciency:
Witnessed by:
voa Ro sS
an Rein old, COUNTY Attorney (Printed name)
r)..0
seph it • C7l
seph wird, CO TY Ad inistrator
f:\Public Works\ENGINEERING DIVISION PROJECTS\1359-41st St_US1 Left Turn Lane\Admin\agenda items\IRC CARTER ENG WO No. 1, 4-15-
2015.doc
26
EXHIBIT A
CARTER ASSOCIATES, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21st STREET • VERO BEACH, FLORIDA 32960-3472 • 772-562-4191 • 772.562-7180 (FAX)
JOHN H. BLUM, P.E., PRINCIPAL
DAVID E. LUETHJE, 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 Fimt
DEAN F. LUETHJE, P.E., o e'•c, Consultant to the Firm
March 11, 2015
Mr. Michael Nixon, P.E.
Roadway Production Manager
Engineering Department
Indian River County
1801 27th Street, Bldg. A
Vero Beach, FL 32960
Re: Indian River County Project No. 1359
41St Street Intersection Improvements @ Hwy US 1 and Old Dixie Hwy
Professional Engineering Services Agreement
Dear Mike:
FRANK S. CUCCURESE. P.S.M.
CLINTON J. RAHJES, P.E.
STEVE D. SNOBERGER, P.E.
BENJAMIN D. SPEED, P.E.
We are pleased to present this proposed agreement for professional engineering services relative to
adding left turn lanes on 415t Street for east bound traffic at Old Dixie Hwy and at Hwy US 1, left
turn lane on 41st Street for west bound traffic at Old Dixie Hwy, and left turn lanes on Old Dixie
Hwy for northbound and southbound traffic at 41St Street. The following describes our proposed
scope of services and terms of agreement between Carter Associates, Inc. (CAI) and Indian River
County (COUNTY):
Part 1. Preliminary Engineering / 30% Design Development:
• CAI will meet with COUNTY engineering staff as needed to define design criteria and
resolve issues resulting from site constraints.
• CAI will prepare and submit to COUNTY engineering staff a conceptual plan view layout of
proposed paving improvements for turn lanes including geometry.
• CAI will research and investigate existing utilities.
• CAI will research and investigate the requirements of Florida Department of Transportation
(FDOT) and Florida East Coast Railroad (FECRR).
• CAI will identify conflicts with existing utilities.
• CAI will identify design issues.
• CAI will identify additional right-of-way requirements.
• CAI will conduct pre -application meetings with St Johns River Water Management District
(SJRWMD) and FDOT.
• CAI will attend meetings with FECRR to assist the COUNTY in adhering to FECRR
requirements.
CAISeninaFlorida
1 Since 1911
N:\PSW\P\14-84E IRC 41st St\Proposal 3-11-2015.doc Page 1 of 5
27
• Based on information obtained through the above listed tasks, CAI will prepare and submit
to COUNTY engineering staff 30% Design Development Plans to include plan views,
striping and geometry.
• CAI will prepare and submit to COUNTY engineering staff a preliminary opinion of
probable construction costs.
• CAI will attend a Utility Coordination Meeting to be coordinated by the COUNTY.
Fees for Part 1 services are $19,100.00
Part 2. 60% Design Development:
• CAI will meet with COUNTY engineering staff as needed to resolve design issues.
• CAI will prepare written response to COUNTY engineering staff review comments on 30%
plans.
• CAI will modify 30% Design Development Plans per comments.
• CAI will coordinate geotechnical testing to be performed by others.
• CAI will design and prepare drawings for grading, plateau intersections at 41St Street
intersections with Ole Dixie and US 1, profiles, drainage modifications, striping & signage,
maintenance of traffic, and also details and specifications.
• CAI will identify adjustment requirements for signals at the intersection of 41St Street and
US 1. CAI will coordinate with sub -consultant (McMahon Associates, Inc.) for design of
signal modifications.
• CAI will prepare and submit permit application(s) to FDOT.
• CAI will prepare and submit drawings requested by FECRR.
• CAI will assist the COUNTY with coordination of utility adjustments.
• CAI will update the opinion of probable construction costs.
• CAI will submit to COUNTY engineering staff 60% Design Development Plans for review
and comment.
Fees for Part 2 services are $31,950.00
Part 3. 90% Design Development:
• CAI will meet with COUNTY engineering staff as needed to resolve design and permitting
issues.
• CAI will prepare written response to COUNTY engineering staff review comments on 60%
plans.
• CAI will address requests for additional information from FDOT and FECRR.
• CAI will modify 60% Design Development Plans per comments.
• CAI will prepare additional plan sheets for Horizontal/Vertical Control Plan, Summary of
Drainage Structures and Summary of Quantities.
• CAI will attend a Utility Coordination Meeting to be coordinated by the COUNTY.
• CAI will submit to COUNTY engineering staff 90% Design Development Plans for review
and comment.
Fees for Part 3 services are .$14,485.00
i Serving Florida
AI Since 1911
N:\PSW\P\14-84E IRC 41st St\Proposal 3-1 1-2015.doc Page 2 of 5
28
Part 4. 100% Construction Plans:
• CAI will meet with COUNTY engineering staff as needed to resolve any outstanding issues.
• CAI will prepare written response to COUNTY engineering staff review comments on 90%
plans.
• CAI will modify 90% Design Development Plans per comments.
• CAI will assist the COUNTY with coordination of utility adjustments.
• CAI will finalize construction documents.
• CAI will submit to COUNTY engineering staff 100% Construction Drawings and Technical
Specifications.
Fees for Part 4 services are ..$5,720.00
Assumptions:
In developing this proposal, CAI represents to the COUNTY that the following assumptions have
been made and that deviation from these assumptions may require additional services and
expenditures by CAI that will require additional compensation from the COUNTY:
1. Design will be based on the Topographic and Right -Of -Way Route Survey of 41st
Street/South Gifford Road, Indian River County Project No. 1359, dated April 23, 2014,
prepared by CAI.
2. Permit application fees are not included. The COUNTY will be responsible for paying
permit application fees.
3. Geotechnical soil testing is not included and is anticipated to be necessary. CAI will
coordinate with the COUNTY's Geotechnical Consultant to obtain soil borings when the
scope of geotechnical investigation has been determined.
4. CAI personnel have access to all project improvement areas for the purpose of gathering
relevant information.
5. It is anticipated that additional field survey may be required to facilitate design. Additional
field survey is not included in this scope but can be provided by CAI through a separate
agreement. Such additional survey could include but not be limited to verification of
horizontal and vertical locations of existing buried utilities.
6. Pot holes may be required to obtain vertical and horizontal information on existing utilities.
Digging of pot holes is not included in this scope of work.
7. Design and/or permitting of adjustments to existing water main, sanitary sewer or other
utilities that are in conflict with proposed paving and drainage improvements are not
included. Coordination with utility providers to address necessary utility adjustments is
included. Design and permitting of water and wastewater utility adjustments can be provided
by CAI as an additional service.
CAIServin¢ Florida
Since 1911
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29
8. The project area of development does not contain jurisdictional wetlands or threatened
species.
9. A sidewalk will be provided on the north side along 41st Street between Old Dixie Hwy and
Hwy US 1.
10. Legal descriptions and sketches for right-of-way acquisition are not included but can be
provided by CAI through a separate agreement.
11. Construction Phase Services are not included but can be provided by CAI as an additional
service.
12. The COUNTY will act as liaison for communications with FECRR. CAI will assist the
COUNTY with understanding and following FECRR requirements.
13. CAI will conduct a pre -application meeting with St Johns River Water Management District
(SJRWMD) to verify SJRWMD permitting requirements if any. It is anticipated that a
SJRWMD permit will not be required, consequently, preparation and submittal of a permit
application and required exhibits to SJRWMD is not included in this scope of work but can
be provided by CAI as an additional service.
14. It is anticipated that stormwater management permitting and stormwater management
calculations will not be required, consequently, they are not included in this scope of work
but can be provided by CAI as an additional service.
15. Traffic control for the intersection of 41St Street and Old Dixie will utilize a four-way stop
scenario. Existing signals at the intersection of 41St Street and US1 will require design
modifications to accommodate the new lanes on 41st Street. Design of signal modifications
are included and will be done by CAI's sub -consultant, McMahon Associates, Inc. Should
relocation of one or more poles be required, this agreement will be amended to include
Tasks 3 and/or 4 as defined in the attached proposed agreement from McMahon Associates,
Inc.
16. This scope of work includes relocation of one mast arm pole. Additional services may be
required should relocation of more than one mast arm pole become necessary.
N:\PSW\P\14-84E IRC 41st St\Proposal 3-11-2015.doc Page 4 of 5
Se)wig Florida
Sinn! l )U
30
General:
CAI will generally bill the COUNTY monthly for the previous month's charges. All tasks will be
invoiced on a percentage complete/lump sum basis including expenses. Should additional services
be required, a separate written agreement will be prepared.
CAI's fees are summarized as follows:
Part 1 Preliminary Engineering / 30% Design Development $19,100.00
Part 2 60% Design Development $31,950.00
Part 3 90% Design Development $14,485.00
Part 4 100% Construction Plans $5,720.00
CAI Total = $71,255.00
McMahon Associates, Inc fees are summarized as follows (Reference attached proposed
agreement from our subcontractor McMahon Associates, Inc. dated March 11, 2015.):
Signalization Plans .$15,390.00
McMahon Total =
GRAND Total =
$15,390.00
$86,645.00
CAI looks forward to furnishing the services described herein. If you have any questions regarding
our proposed scope of work or terms of agreement, please feel free to call me at your convenience.
Sincerely,
CARTER ASSOCIATES, INC.
Patrick S. Walther, P.E.
Principal/ Project Manager
N:\PSW\P\14-84E IRC 41st St\Proposal 3-11-2015.doc
Page 5 of 5
l IServing Florida
Since 1911
31
MCMAHON
TRANSPORTATION ENGINEERS & PLANNERS
March 11, 2015
VIA E-MAIL
Mr. Patrick S. Walther, P.E.
Carter Associates, Inc.
1708 21st Street
Vero Beach, Florida 32960
RE: US -1 at 41St Street Signal Design Plan
McMahon Project No. N15067.0P
Dear Pat:
McMAHON ASSOCIATES, INC.
5500 Village Blvd 1 Suite 103 I West Palm Beach, FL 33407
p 561-840-8650 1 f 561-840-8590
mcmahonassociates.com
PRINCIPALS
Joseph W. McMahon, P.E.
Joseph J. DeSantis, P.E., PTOE
John S. DePalma
William T. Steffens
Casey A. Moore, P.E.
Gary R. McNaughton, P.E., PTOE
ASSOCIATES
John J. Mitchell, P.E.
Christopher J. Williams, P.E.
R. Trent Ebersole, P.E.
Matthew M. Kozsuch, P.E.
Maureen Chlebek, P.E., PTOE
McMahon Associates, Inc. (McMahon) is pleased to provide this proposal for traffic engineering
services associated with the proposed widening of 415t Street at US -1, in Vero Beach, Florida.
Specifically, this proposal is for services to prepare signal design plans for the intersection of US -1 at
41st Street (Study Intersection).
This proposal is based on the assumption that all project baseline geometry, existing and proposed
right-of-way, topographic, geotechnical, and sub -surface utility exploration (SUE) information
necessary to complete the design will be provided by Carter Associates, Inc.
The existing topography information will include existing features and proposed roadway
improvement information for a minimum distance of 200' in the north, south, west and east direction of
the study intersection. Field survey data, to be provided by Carter Associates, Inc., must include
planimetric survey delivered in CADD format and shall include horizontal location of edges of road,
curbs, gutters, sidewalks, pavement markings, surface features of utilities, signage, existing poles,
landscaping trees and features within the project limits and within all right-of-way. Sufficient data will
be provided to establish roadway crown elevations, roadway slopes, and elevations at the base of any
new mast arm upright.
In order to provide the proper design for the traffic signal supports, subsurface soil information must
be provided by Carter Associates, Inc. Soil borings will be obtained in the field by a Geotechnical
Engineer, at all corners of the study intersection. The geotechnical information will be analyzed, and
the project Geotechnical Engineer will provide a standard report. This information will be utilized for
the design of traffic signal mast arm supports.
McMahon will coordinate with the existing utility owners within the project corridor to receive
information to show the existing utilities on the signalization plan, as outlined in the Scope of Work
Corporate Headquarters: Fort Washington, Pennsylvania
Serving the East Coast from 13 offices throughout New England, the Mid -Atlantic, and Florida
32
Patrick S. Walther, P.E.
March 11, 2015
Page 2
section below. If right-of-way or other project constraints dictate that a proposed mast arm base be
placed in the vicinity of an existing underground utility, then Carter Associates, Inc. will provide the
sub -surface utility exploration (soft dig) necessary to identify the utility conflict. If additional right-of-
way or easements are required for the proposed signal equipment locations, Carter Associates, Inc. will
obtain the necessary agreements.
The Scope of Work includes the following tasks:
SCOPE OF WORK
TASK 1- TRAFFIC SIGNAL MODIFICATION PLANS PREPARATION AND APPROVAL
The signalization modification plans will be prepared in conformance with State and Federal
guidelines regarding traffic signal design in conjunction with the additional proposed lanes along 41st
Street.
The various tasks required in conjunction with the development of the traffic signal plans are as
follows:
A. Signalization Plan - The signalization plan will be prepared in MicroStation in a standard
plan format of 11" x 17", and at a scale of 1" = 40'. Basic information presented on the plan
shall include, but shall not be limited to, roadway geometry, pavement markings, traffic
regulatory signs, street names, construction stationing, drainage inlets, sidewalks, right-of-
way lines and conflicting underground and overhead utilities. This information will be
required to ascertain the location for the proposed mast arms and traffic and pedestrian
signal related equipment.
Detailed information will include signal head type and locations, pedestrian signal and
detector type and locations, signal pole locations, regulatory signs, and other appropriate
details. We will coordinate with the appropriate governmental agencies to ensure that the
signal hardware is compatible with other signals along the corridor.
The fee does not include costs for designing utility relocation plans. McMahon will,
however, send one set of plans to each affected utility company in order to obtain current
utility information to be included on the plans. McMahon will make every effort to design
the traffic signal to avoid any existing utilities. If utility relocation is necessary, the utility
relocation design and plans can be created under a supplemental work agreement.
B. General Note Sheet - A general construction note sheet will be prepared, and will be
included with the plan set package. The general notes will include genera] construction
information, utility operation data, maintenance of traffic information, and reference to
33
Patrick S. Walther, P.E.
March 11, 2015
Page 3
standard or special construction details/notes as required by the Florida Department of
Transportation (FDOT).
C. Quantities Sheet - The quantities sheet will include a tabulation of items, description and
quantity of materials, and type of work for the location. Specific notes referencing pay items
or indicating special design information will also be indicated.
D. Mast Arm Detail Sheets - For purposes of this proposal, it is assumed that the mast arm
design will be in conformance with the FDOT Mast Arm Assemblies Indices. The Mast Arm
Details sheets will include the tables showing the mast arm pole and arm designations, as
well as the signal and sign data for each mast arm structure.
The services to be performed pursuant to this agreement are strictly limited to those expressly set forth
herein.
FEE
The fee for the above-mentioned services is $15,390.00. If additional services are required that exceed
those identified in this Scope of Work, a supplemental agreement will be submitted to the client for
review and approval prior to the commencement of any additional tasks. Additional services will
commence upon written authorization to proceed by the client.
SCHEDULE
We are prepared to initiate work on the project upon receipt of written authorization to proceed.
McMahon will use its best efforts to complete this work in accordance with the client's meeting
schedule.
TERMINATION
This agreement may be terminated by the authorized representative effective immediately on receipt of
written notice. Payment will be due for services rendered through the date written notice is received.
BINDING STATUS
The client and McMahon Associates, Inc. bind themselves, their partners, successors, assigns, heirs,
and/or legal representatives to the other party to the Agreement, and to the partners, successors,
assigns and legal representatives of such other party with respect to all covenants of the proposal.
34
Patrick S. Walther, P.E.
March 11, 2015
Page 4
TERMS
The terms of this Agreement call for execution of this contract. Invoices for services will be submitted
monthly and are payable within 30 days of issuance. All invoices not paid within 30 days are subject to
a 1.5% monthly interest charge, and all projects with overdue balances exceeding 90 days will be
subject to a stoppage of all work. Any changes in the specific Scope of Work described above will
result in an adjustment of the conditions and fees.
All invoices not paid within 30 days are subject to a 1.5% monthly interest charge. All projects with
overdue balances exceeding 90 days may be subject to a stop work notice until such time as the
outstanding invoices are paid in full.
This agreement (and Exhibits, if any,) hereto sets forth the entire understanding between the parties
with respect to the subject matter hereof, supersedes any and all prior understandings whether written
or oral with respect to the subject matter hereof and may not be altered, modified, changed, amended
or waived in any manner, except in writing signed by all of the parties hereto.
The fee quoted above is valid for a period of 90 days from the date of this proposal. If the terms of this
contract, as contained herein, are agreeable to you, please execute it below in the space provided and
return one signed original and the above referenced retainer to me. If you have any questions or
require further information, please feel free to contact me.
We greatly appreciate the opportunity to present our proposal on this project and look forward to
working with you.
Sincerely,
i„1,4
R. Trent Ebersole, P.E.
Vice President & General Manager — Florida
RTE:NTL/hsv
Attachments
35
tea.
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
CONSENT
TO: Joseph A. Baird, County Administrator
THROUGH: Christopher R. Mora, P.E., Public Works Director
AND
Christopher J. Kafer, Jr., P.E., County Engine
FROM: David W. Schryver, P.S.M., County Surveyor C"?
SUBJECT:
Work Order No. 2 — Carter Associates, Inc.
74th Avenue — Oslo Road to 12th Street Design Survey
Indian River County Project No. 1417
DATE: March 27, 2015
DESCRIPTION AND CONDITIONS
On October 1, 2013, the Indian River County Board of County Commissioners approved the Professional
Service Agreement for Annual Land Surveying and Mapping Services Contract 1333 with Carter
Associates, Inc. and on October 17, 2014 renewed the agreement for one year.
Work Order No. 2 with Carter Associates, Inc., is to perform all related field and office surveying and
mapping services in connection with the preparation of a topographic design survey fora portion of 74th
Avenue. The survey will begin at Oslo Road and extend north to 12th Street (approximately 2.50 miles).
This project will provide Indian River County Engineering staff with a comprehensive topographic survey
to be utilized in the design of roadway improvements.
Attached, please find Carter Associates, Inc. Work Order No. 2 to provide the requested professional
surveying and mapping services. Carter Associates, Inc. has submitted Exhibit A, Scope of Services,
outlined in the attached Work Order No. 2, for a lump sum amount of $56,780.00
FUNDING
Funding for this project in the lump sum amount of $56,780.00 is budgeted and available through the
Secondary Roads Gas Tax, Account No. 10921441-033490-05007 Annual Survey Services.
F:\Public Works\ENGINEERING DIVISION PROJECTS\1417 74th Avenue PD&E (Oslo Rd to 12th St)\Admin\agenda items\03-27-15
Carter memo BCC Agenda 74th Ave Design Survey.doc
36
PAGE TWO
BCC Agenda item from David W. Schryver, P.S.M.
For April 14, 2015 BCC
RECOMMENDATION
Staff recommends approval of the attached Work Order No. 2, authorizing the above mentioned project
as outlined in the attached Scope of Services, and requests the Board of County Commissioners to
authorize the Chairman to execute the attached Work Order No. 2 on their behalf.
ATTACHMENTS
1. Carter Associates, Inc., Work Order No. 2
2. Exhibit A — Scope of Services
APPROVED AGENDA ITEM
FOR: April 14, 2015
BY.
Indian River County
Approved
Date
Administration
'1'
'OA
Budget
�t
Legal
`r
'ti
-$
Public Works
" ��
Engineering
! -/- ./_5
F:\Public Works\ENGINEERING DIVISION PROJECTS\1417 74th Avenue PD&E (Oslo Rd to 12th St)Wdmin\agenda items\03-27-15 37
Carter memo BCC Agenda 74th Ave Design Survey.doc
Board of County Commissioners
Administration - Building A
1801 27th Street
Vero Beach, Florida 32960
Telephone: (772) 567-8000 FAX: 772-778-9391
Project:
74th Avenue — Oslo Road to 12th Street
Topographic Design Survey
Indian River County Project No. 1417
WORK ORDER NO. 2 (Engineering/Surveying)
FOR
PROFESSIONAL SERVICES AGREEMENT
ANNUAL SUERVEYING and MAPPING SERVICES
WITH
Carter Associates, Inc.
In accordance with Contract No. 1333 2014-2015
This Work Order No. 2 is in accordance with the existing AGREEMENT dated October 1, 2013,
and renewed on October 17, 2014 between Carter Associates, Inc., (SURVEYOR) and Indian
River County (COUNTY):
SECTION I — PROJECT LIMITS
This Work Order No. 2 is for the SURVEYOR to perform all related field and office surveying
and mapping services in connection with the preparation of a topographic design survey for a
portion of 74th Avenue. The survey will begin at the intersection of Oslo Road and 74th Avenue
and extend north along 74th Avenue to the intersection of 74th Avenue and 12th Street.
SECTION II - SCOPE OF SERVICES
As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide
Professional services to complete all tasks as outlined in this Work Order No. 2; specifically
detailed in the attached proposal Exhibit A.
SECTION III —TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT
1. Project shall be completed as follows:
a. 100% "Paper" review submittal (final review prior to request for final deliverables)
shall be made within 75 calendar days of receipt of Notice to Proceed for review by
County Staff prior to preparing the final submittal package.
b. Time of FINAL project completion shall be within 10 calendar days of receipt of the
County's review comments from the 100% "Paper Submittal".
C:\Users\davidl.CAI\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HFJ8V2TS\IRC CARTER WO No. 2 03-27-
15.doc
IRC Work Order No. 2
Carter Associates, Inc.
April 7, 2015
Page 2 of 3
2. Deliverables -The SURVEYOR shall provide the COUNTY:
a. 100% Phase Submittal for COUNTY review and comment. All submittals shall
include one (1) paper "hardcopy" along with Autocad files and an ASCII file for all
survey points. COUNTY shall strive to provide review comments within 10 calendar
days of the preliminary submittal.
b. FINAL Deliverables, Four (4) paper "hardcopy" signed and sealed drawing sets.
Sheeted and model space (as applicable) AutoCAD drawing file in Civil 3D release
2013, PDF formats and an ASCII file for all survey points, all electronic files to be on
CD.
c. Survey set/sheets shall include a cover sheet with location sketch, survey
certifications, and related title and project number; survey notes, legend and
abbreviations and plan view sheets.
d. Work product and digital versions are to be prepared and submitted so that the
COUNTY or other consultants can readily use it for design and analysis of the area,
as defined. It shall contain all information necessary for a third party surveyor to
independently recreate or utilize the survey work. It is acknowledged all final
products become property of Indian River COUNTY and will be available for use by
the public at large.
e. The SURVEYOR'S work product shall meet or exceed the minimum standards
defined by Sections 11, 111 and IV or the COUNTY will not approve the SURVEYOR'S
request for payment.
SECTION IV — COMPENSATION
The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described
services rendered as identified in Sections I, II, and 111 of this Work Order No. 2 for a total lump
sum fee of $56,780.00
All and/or any additional services not described hereon shall be pre -approved by the
COUNTY. Approved additional services shall be invoiced at the rates disclosed in the
approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2014
through September 30, 2015.
All invoicing shall include Project Number 1417, Work Order No. 2 (WO 2), Contract Number
1333, itemize man-hours and materials expended to complete the scope of services. Payments
shall be in accordance with the original Professional Surveying and Mapping/GIS Services
Agreement, contract No. 1333 with the COUNTY and as stated in Section II, 111 and IV hereon.
39
IRC !Mork Order No. 2
Carter Associates, Inc.
April 7, 2015
Page 3 of 3
The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of
the AGREEMENT shall. remain in full force and effect, and are incorporated herein.
IN WITNESS WHEREOF the parties hereto have executed these presents this day
of 2015.
OWNER
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Carter Associates, Inc.
(Signature) (Signature)
Wesley S. Davis, Chairman David E. Luethje, Vice President
Approved by BCC
ATTEST:
Jeffrey K. Smith, Clerk of Circuit Court and
Comptroller
Deputy Clerk
Approved as to For
ufficiency:
Witnessed by:
(Signature)
ylan ReingSld, CO NTY Attorney (Printed name)
oseph A( Baird, C NTY Ad inistrator
40
PROPOSAL - EXHIBIT "A"
WORK ORDER NO.2
(Engineering/Survey) Continuing Professional Surveying & Mapping/GIS Services,
Contract 1333, 2014-2015
Indian River County Project No. 1417
CARTER ASSOCIATES, INC.
Consulting Engineers & Surveyors
1708 21st Street
Vero Beach, FL 32960
772-562-4191
77` )J 9 71 Stn ��v
CLIENT: ••• ,••vv u
INDIAN RIVER COUNTY
CAI JOB NO.:
15-234S
BILLING ADDRESS:
Surveying and Mapping Department
1801 27th Street
Vero Beach, Florida 32960
PHONE # (772) 226-1386
FAX #
CELL #
PROJECT LIMITS
74th Avenue (+/- 11,300 feet); / Indian River Farms Water Control District
(I.R.F.W.C.D.) Lateral C Canal (+/- 10,300 feet); I.R.F.W.C.D. Main Canal (+/-
800 feet); I.R.F.W.C.D. Range Line Canal (+/- 600 feet); Oslo Road (2,000
feet); I.R.F.W.C.D. Sub -Lateral C-4 Canal (1,000 feet); I.R.F.W.C.D. Sub -
Lateral B-7 Canal (1,000 feet); I.R.F.W.C.D. Sub -Lateral C-3 Canal (200
feet); I.R.F.W.C.D. Sub -Lateral C-2 Canal (200 feet); 12th Street (+/- 1,900
feet); / I.R.F.W.C.D. Sub -Lateral R-1 Canal - (1,000 feet)
Services performed within parts of Sections 12, 13, 24, 25, Township 33
South, Range 38 East and Sections 7, 18, 19, 30, Township 33 South, Range
39 East, Indian River County, Florida.
DATE ORDERED:
March 3, 2015
Revised: 03/19/15
EST. COMPLETION DATE
See Below
ORDERED BY:
David Schryver, PSM
TAKEN BY:
DEL / FSC
COST:
$ 56,780.00
LEGAL DESCRIPTION (Lot, Block, S/D/Sec-Twp-Rge):
Sections 12, 13, 24, 25, Township 33 South, Range 38 East and Sections 7, 18, 19, 30, Township
33 South, Range 39 East, Indian River County, Florida.
PROPERTY STREET ADDRESS :
74th Avenue; Oslo Road to 12th Street
SERVICES TO BE PERFORMED:
See Sheets 2-6 for Scope, Completion, Deliverables and Compensation
J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\15-234S_IRC_W0_74th Aver roadway ROW (Oslo to 12thSt)rev031915.doc
1 of 6
41
PROPOSAL - EXHIBIT "A"
Continued
WORK ORDER NO. 2
(Engineering/Survey) Continuing Professional Surveying & Mapping/GIS Services,
Contract 1333, 2014-2015
CAI Job. No. 15-234S
IRCounty Project No. 1417
IRCounty Contract No. 1333
IRC Work Order No. 2
Project Limits:
Main Corridor
74th Avenue — From 1,000 feet south of Oslo Road to 4th Street and from 100 feet south of the south line of Tract 9,
Section 12, Township 33 South, Range 38 East, to 400 feet north of 12th Street. (+/- 11,300 feet)
Indian River Farms Water Control District (I.RF.W.C.D.) Lateral C Canal — From 1,000 feet south of Oslo
Road to 4th Street and from 100 feet south of the south line of Tract 9, Section 12, Township 33 South, Range 38 East, to
the south right of way line of the Main Canal (+/- 10,300 feet)
I.RF.W.C.D. Main Canal — From the East right of way line of the Range Line Canal, to the intersection of the south
right of way line of 12th Street and the North right of way line of the Main Canal. (+/- 800 feet)
I.RF.W.C.D. Range Line Canal — From the Intersection of the East right of way line of the Range Line Canal and
the North right of way line of the Main Canal to 400 feet north of 12th Street. (+/- 600 feet)
Side Streets and Sub -Lateral Canals
Oslo Road — 1,000 feet East and West of 74th Avenue (2,000 feet)
I.R.F.W.C.D. Sub -Lateral C-4 Canal — 1,000 feet west of 74th Avenue (1,000 feet)
I.R.F.W.C.D. Sub -Lateral B-7 Canal — 1,000 feet east of 74th Avenue (1,000 feet)
I.RF.W.C.D. Sub -Lateral C-3 Canal — 200 feet west of the West right of way line of 74th Avenue (200 feet)
I.RF.W.C.D. Sub -Lateral C-2 Canal — 200 feet west of the West right of way line of 74th Avenue (200 feet)
12th Street — From 1,000 feet west of 74th Avenue, to the intersection of the South right of way line of 12th Street and the
North right of way line of the Main Canal. (1,900 feet)
I.R.F.W.C.D. Sub -Lateral R-1 Canal — 1,000 feet west of 74th Avenue (1,000 feet)
Services performed within parts of Sections 12, 13, 24, 25, Township 33 South, Range 38 East and Sections 7, 18, 19, 30,
Township 33 South, Range 39 East, Indian River County, Florida.
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, r ,-
Project Scope:
The Surveyor shall provide Professional Land Surveying services to include the following:
I. Horizontal and Vertical Control -field establish horizontal and vertical control along the subject
roadway right of way and I.R.F.W.C.D. right of way route.
1. Set traverse control points along the approximate 15,200+/- feet of project survey route tied to Florida State Plane
Coordinate System (NAD 83/2011).
2. Survey ties to the Indian River County Real -Time Kinematic Global Positioning System Control Network.
3. Permanent vertical benchmarks will be set either with a nail in tree or power pole; an "X" chiseled or "square" cut
in concrete, at 1,000 feet intervals.
II. Sectional Ties, Property Corners -Subdivision PRM's. and Baseline Control. — field observe and
record property comers, sectional corners, quarter section corners, tract corners, side -street parcel corners.
1. Recover and record all associated section corners, quarter section corners, tract comers, and permanent reference
monuments of adjacent platted subdivisions - west of Lateral "C" Canal.
2. Set control points (rebars/caps) along an offset (TBD) to the baseline of the right-of-way corridor at an interval
distance not to exceed 1000 feet.
111. Road Right of Way Topography — Full Topographic Survey of all above ground improvements and
natural features within the Ultimate Right of Way along 74th Avenue, 12th Street and 4th Street associated side
roadways as indicated above, including the following:
1. Observe and record all paved and unpaved roads including bridge decks, curbs and lane lines.
2. Observe and record all driveways, sidewalks and landscaped areas within the right of way.
3. Observe and record all mail and news boxes.
4. Observe and record fences and / or privacy walls within 20 feet of the right of way line.
5. Observe and record any grade breaks (swales, berms, slopes, etc.).
6. Observe and record all above ground utilities (power poles, water meters, water valves, riser boxes, cleanouts,
etc.).
7. Observe and record all storm water drainage structures (pipe culvert inverts, catch basins, spillways, etc.),
including inverts of associated pipes outside of the right of way.
8. Observe and record all above ground visual sanitary sewer systems (gravity flow or force mains), including
inverts of associated pipes outside of the right of way.
9. Observe and record all wood lines, tree lines and Oak trees 6 inches and larger within the subject right of way.
(Locations of Pine trees, Brazilian Pepper trees or cabbage palms are not included in this proposal)
10. Cross-sections will be observed at 100 foot intervals and spot elevations 20 feet either side of right of way limits.
IV. I.RF.W.C.D. Lateral and Sub -Lateral Right of Way Topography — Top of banks adjacent to all
roads surveyed within the corridor will be located at each cross-section. A one-half (1/2) canal cross-section
(west top of bank, bottom of bank, toe and centerline of ditch) will be taken every 500 feet. Including the
following items:
1. Observe and record all paved and unpaved roads used for access by the I.R.F.W.C.D. within the corridor.
2. Observe and record all drainage structures (pipe culvert inverts, catch basins, spillways, etc.), including inverts of
associated pipes outside of the right of way.
3. For the I.RF.W.C.D. Sub -Lateral Canals C-2 and C-3, observe and record cross-sections at 100 foot intervals.
4. For the I.R.F.W.C.D. Lateral C Canal (northeast direction); observe and record cross-section at the P.T. as
indicated on furnished aerial map CR -SECT 'A' and at the most northerly tangent section before the canal ties
into the Main Canal as indicated on furnished aerial map CR -SECT `B'.
5. For the I.R.F.W.C.D. Main Canal; observe and record cross-section at the P.C. for the curve to the North as
indicated on furnished aerial map CR -SECT 'C' and at the intersection of the South right of way line of 12th Street
and the North right of line of the Main Canal as indicated on furnished aerial map CR -SECT To.
6. All elevations will be referenced to the North American Vertical Datum of 1988 (N.A.V.D. 88) and tied to Indian
River County or National Geodetic Survey (N.G.S.) benchmarks. Any Indian River County or N.G.S. benchmark
within the project's corridor will be observed, recorded and indicated upon the survey.
3: \SURVEY WORK ATTTH(lRT7ATT INICUR ,,,P„a_)mc\c 11ne ror U7/l .a ._._____A
7. The Right of Way Topographic Survey will be based upon the 1983 North American Datum (NAD83), 2011
adjustment and projected in the Florida State Plane Coordinate System, East Zone. All horizontal control points
will be tied to the Indian River County Real -Time Kinematic Global Positioning System Control Network.
V. Computations and Drafting - Road and I.R.F.W.C.D. Right of way Topography Maps:
1. Data reduction, computation/verification of right of way limits (as furnished), horizontal and vertical control,
computation and ties to sections, tracts and / or adjacent parcels.
2. Drafting of topographic right-of-way maps depicting the existing road right of way and ultimate right of way, as
provided, of a portion of 74th avenue, Oslo Road/9th Street SW, 12th street and 4th street and existing above ground
features (No title work, review or research included).
3. Data reduction, computation of right of way limits, horizontal, vertical control and drafting of I.R.F.W.C.D. right-
Rof-way depicting the existing specific features and cross section transects requested of a portion of the Indian
iver Farms Water Control District Lateral `C'/Range Line Canal, Main Canal, Sub -lateral Canal `B7', `C2' `C3',
C4', and 'RP canals all within parts of Sections 12, 13, 24, 25, Township 33 South, Range 38 East and Sections
7, 18, 19, 30, Township 33 South, Range 39 East, Indian River County, Florida.
General Information:
1. Indian River County to furnish boundary surveys, recorded plats, Right of Way Maps and/or relevant information
helpful to the positioning of the project from Indian River County files.
2. Indian River County will provide owner/encumbrance and title search reports of adjacent parcel bordering and/or
within the established limits along the corridor.
3. If required - Indian River County Surveying Division will coordinate and/or notify adjacent parcel owners along
the specific route of the possible commencement dates of survey services and, if necessary, the possible access by
the contractor to the respective adjacent parcels to perform their duties.
Deliverables:
1. Four signed and sealed Topographic Surveys to meet and/or exceed the requirements for the Standards of Practice
(Chapter 5J-17) per Florida Administrative Code.
2. An AutoCAD electronic file (version to be determined prior to final submittal) on C.D. or D.V.D.
3. A PDF of the survey including sheets with CAI border on C.D. or D.V.D.
4. 100% paper submittal within seventy-five (75) calendar days from Notice to Proceed.
Compensation:
Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services
Agreement, Contract No. 1333 with Indian River County.
I. Horizontal and Vertical Control — Field
Surveyor I
4 hours @ $140.00/hr $ 560.00
Surveyor II
12 hours @ $125.00/hr
3 -Man Survey Crew
40 hours @ $130.00/hr
Geodetic Processing
4 hours @ $140.00/hr
Total I
$ 1,500.00
$ 5,200.00
$ 560.00
$ 7,820.00
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II. Sectional Ties, Property Corners -Subdivision PRM's and Baseline Control - Field
Surveyor I
4 hours @ $140.00/hr $ 560.00
Surveyor 11
32 hours @ $125.00/hr
3 -Man Survey Crew
32 hours @ $130.00/hr
Geodetic Processing
4 hours @ $140.00/hr
Total II
$ 4,000.00
$ 4,160.00
$ 560.00
$ 9,280.00
M. Road Right of Way Topography — Field
Surveyor 11
16 hours @ $125.00/hr $ 2,000.00
3 -Man Survey Crew
140 hours @ $130.00/hr $ 18,200.00
Geodetic Processing
8 hours @ $140.00/hr
Total III
$ 1,120.00
$ 21,320.00
IV. I.R.F.W.C.D. Lateral and Sub -Lateral Right of Way Topography — Field
Surveyor 11
8 hours @ $125.00/hr $ 1,000.00
3 -Man Survey Crew
40 hours @ $130.00/hr $ 5,200.00
Geodetic Processing
4 hours @ $140.00/hr
Total IV
$ 560.00
$ 6,760.00
V. Computations and Drafting - Office
Surveyor II
16 hours @ $125.00/hr $ 2,000.00
CAD Technician I
120 hours @ $80.00/hr
Total V
TOTAL I — V
David E. ethje, P.S.M.
Vice -President
$ 9,600.00
$11,600.00
$56,780.00 Lump Sum Fee
pt4t of Z. -7r Z-
Date
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S of F,
INDIAN RIVER COUNTY
PROFESSIONAL SURVEYING AND MAPPING / GIS SERVICES
CONTRACT 1333 — OCTOBER 1, 2014 —SEPTEMBER 30, 2015
FEE SCHEDULE
OFFICE:
Surveyor I (Director / P.S.M.) $140.00
Surveyor II (Project Manager / P.S.M.) $125.00
CADD Technician I (Senior Survey Technician) $ 80.00
CADD Technician II (Cadd/Processing) $ 70.00
Geodetic Processing $140.00
GIS Technician / Analyst $105.00
Word Processing (Administrative Assistant (Research - Clerical) $ 40.00
FIELD:
3 -Man Survey Crew $130.00
2 -Man Survey Crew $120.00
SPECIALIZED EQUIPMENT:
12' Airboat $1,000/Day
All Terrain Vehicle (ATV) $300/Day
Swamp Buggy $800/Day
ANTICIPATED REIMBURSABLE EXPENSES:
Postage, Express Mail, etc. Cost
BlueprintsBlackline (24"x36") $2.00 Ea.
Mylar $7.00 Ea.
Photocopies:
8.5" x 11" $0.15/Ea.
8.5" x 14" $0.25/Ea.
11" x 17" $0.35/Ea.
Concrete Monuments $15.00/Ea.
Rebar $ 2.50/Ea.
Laths $ 0.75/Ea.
Sub -Consultants Cost + 10%
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CONSENT
AGENDA
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Joseph A. Baird; County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling, ltICP Community Development Director
Phil Matson, AICP; MPO Staff Director f n'1
Brian Freeman, AICP; Senior Transportation Planner I3 F
March 26, 2015
Request for Project Administration Consultant Approval for the New Main
Transit Hub
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of April 14, 2015.
DESCRIPTION & CONDITIONS
The GoLine is Indian River County's fixed -route public transportation system. The GoLine's Main
Transit Hub is served by seven routes, which connect at the Main Transit Hub each hour. At this
time, the Main Transit Hub is located at a temporary location near the Vero Beach Airport.
On April 16, 2013, the Board of County Commissioners approved a 40 -year lease agreement with the
City of Vero Beach to construct and operate a new transit hub on a city -owned parcel. The new
transit hub will be located on the south side of 16th Street adjacent to the FEC Railroad. The design
and construction of the new transit hub is being funded by a federal Bus Livability Grant and a state
Park and Ride Grant. Together, these two grants are providing $1,218,642 for the project, with no
local match required.
ANALYSIS
On January 3, 2014, a Request for Qualifications (RFQ) was issued for a project administration
services consultant for the new transit hub. The RFQ was advertised in the Press -Journal as well as
on the interne via Demandstar. In addition to the RFQ for a project administration consultant, a
separate RFQ was issued for architectural and engineering services related to the transit hub's design.
Through the selection process associated with that RFQ, the engineering firm of Schulke, Bittle, and
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Stoddard, LLC was selected to design the facility. The contract with Schulke, Bittle, and Stoddard,
LLC is a separate item on this BCC agenda. The subject project administration consultant will be
providing services through a separate contract.
Despite the wide advertisement of the project administration consultant RFQ, only two responses
were submitted by the February 5, 2014 deadline. Those responses were by CivilSury Design Group,
Inc. of Fort Pierce and Skanska USA Building, Inc. of Durham, North Carolina.
A selection committee comprised of the Facilities Manager, County Engineer, MPO Staff Director,
Senior Transportation Planner, and the CEO/President of the Senior Resource Association
independently evaluated and scored the statements of qualifications in accordance with FS 287.055
and the County's Purchasing Manual. Both firms were subsequently invited to participate in
interviews. Following the interviews, the committee members again independently ranked the firms,
and committee ranking was compiled. The final ranking established by the committee is: 1.
CivilSury Design Group, Inc. and 2. Skanska USA Building, Inc.
FUNDING
The proposed cost for the project administration consultant is $24,930. Funding for project
administration consulting services will come from the $1,150,000 federal grant. There is no
additional cost to the County.
RECOMMENDATION
Staff recommends that the Board of County Commissioners:
1. Approve the selection of CivilSury Design Group, Inc. as the project administration
consultant;
2. Review the attached draft contract for consultant services (Attachment #1); and
3. Authorize the Chairman to execute the contract with CivilSury Design Group, Inc.
ATTACHMENTS
1. Proposed Contract for Project Administration Consulting Services
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Indian River Co,
Approved
Date
Admin.
�)
Legal
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Budget
44/15
Dept.
3—z// /y'
Risk Mer.
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AGREEMENT FOR FEDERAL TRANSIT GRANT ADMINISTRATION
CONSULTING SERVICES
by and between
THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
and
CIVILSURV DESIGN GROUP, INC.
THIS AGREEMENT, entered into this day of , 2015, by and between the
Indian River County Board of County Commissioners, hereinafter referred to as the "County" and,
CivilSury Design Group, Inc., hereinafter referred to as the "Consultant."
WITNESSETH THAT:
WHEREAS, the County has entered into an agreement with the Federal Transit
Administration, hereinafter referred to as the "FTA", providing for financial assistance for transit
system capital improvements; and,
WHEREAS, the County desires to engage the Consultant to render such assistance and
advice necessary to complete the responsibilities of the County under the agreement.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
I. SCOPE OF SERVICES
The parties agree that the foregoing recitals are true, and they are incorporated into this Agreement
by this reference. The Consultant shall provide oversight and advise the County in carrying out the
scope of services in a satisfactory and proper manner. Said scope of services are attached to this
Agreement as Attachment 1 and made a part thereof.
II. ADDITIONAL RESPONSIBILITIES OF THE CONSULTANT
1. The Consultant shall abide by all agreements between the County and the FTA. The
executed Indian River County/FTA Section 5309 Grant is hereby made part of this
document by reference as Attachment 2 while the Standard Federal Transit
Administration Certifications and Assurances will be made part of this document by
reference as Attachment 3.
2. The services rendered by the Consultant shall be commenced upon written notice
from the County.
3. The Consultant agrees that no work shall be undertaken or commenced prior to the
execution date of the Agreement which shall be the date executed by the last party
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hereto.
4. The Consultant shall submit copies of all proposed changes to the project scope of
services for review and approval by the County staff before authorization of any
contract change order. After said review and approval by the County, changes shall
not be effective unless in writing and properly executed by the parties.
5. The Consultant shall comply with Title IV of the Civil Rights Act of 1964 (Public
Law 88-352) and Title VI of the Act (42 USC 2000 D) in that: No person in the
United States shall on the grounds of race, creed, color, national origin, sex, age,
political affiliation, or religious beliefs be subjected to discrimination under any
program or activity which the Consultant has agreed to undertake by and through the
covenants and provisions set forth in the agreement.
6. The Consultant shall designate a representative to keep County staff informed as to
all aspects of the project work. The name and address of consultant's designated
representative is: Christopher W. Murphy, 2400 Rhode Island Ave., Fort Pierce, FL
34950 .
7. The Consultant shall have all records and project work accessible for inspection and
review by County staff at such time as is mutually agreeable to all parties.
8. The Consultant shall keep and maintain financial, invoice, and employment records
pertaining to the contractual obligation between the County and the Consultant for
pre -audit and post -audit purposes for a period of three years following the completion
of all project work, or until all claims and audit findings involving the records have
been received, whichever is later. The County, the FTA, or any of their duly
authorized representatives shall have access to any books, documents, papers, and
records of the Consultant which are directly pertinent to that specific agreement, for
the purpose of making audit, examination, excerpts, and transcription.
9. The Consultant shall forward all documentation as it pertains to the project to the
designated County Project Manager. Name: Phillip Matson Address: Indian
River County, 1801 27th Street, Vero Beach, FL 32960 .
10. It is understood and agreed that all documents, including reports and other data
prepared or obtained by the Consultant in connection with its services hereunder,
shall be delivered to, and become the property of, the County prior to final payment
to the Consultant.
III. RESPONSIBILITIES OF THE COUNTY
1. The County shall provide the Consultant access to appropriate records, documents,
and other materials necessary to complete the project.
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2. The County Project Manager represents the County in all technical matters pertaining
to the work and performance of this Agreement, whose responsibility shall include:
a. Examination of all reports, surveys, and other documents presented by the
Consultant and rendering, in writing, decisions pertaining thereto within a
reasonable time so as not to materially delay the work of the Consultant. For
purposes of this agreement, reasonable period of time will mean two weeks
from receipt of applicable material.
b. Transmission of instructions, receipt of information, interpretation and
definition of County policies and decisions with regard to the work covered
by this Agreement.
c. Transmission of prompt written notice to the Consultant whenever the
County observes or otherwise becomes aware of any defects or changes
necessary in the project.
IV. TIME OF PERFORMANCE
The schedule for completion of the work will be approximately 15 months from the date of the
Notice to Proceed. The period of performance of the contract will be dependent on the design and
construction schedules of the project. At its discretion, the County may extend the time period of
these services if such an extension is in the best interest of the County.
V. TERMINATION
The obligation to provide services under this Agreement will be terminated upon completion of all
work as described in Attachment 1, Scope of Services, and the Consultant has submitted all products
to the County and all deliverables have been deemed satisfactory by the County. In addition, the
obligation to provide services under this Agreement may be terminated by either party upon seven
(7) days' written notice in the event of substantial failure by the other party to perform in accordance
with the terms hereof through no fault of the terminating party.
In the event that the agreement is terminated by either party prior to the Consultant's satisfactory
completion of all Tasks listed in Attachment 1, Scope of Services, the project will be deemed
abandoned, and no compensation will be paid by the County to the Consultant for Tasks or portions
thereof not yet satisfactorily completed.
The County may unilaterally cancel this Contract for refusal by the Consultant to allow public access
to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida
Statutes and made or received by the Consultant in conjunction with the Contract.
VI. AUDIT RIGHTS
The County reserves the right to audit the records of the Consultant related to this Agreement at any
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time during the execution of the work included herein and for a period of three years after final
payment is made. Bills for fees or other compensation for services or expenses shall be submitted to
the County in detail sufficient for a proper pre -audit and post audit thereof.
VII. WARRANTY
The Consultant warrants that he has not employed or retained any company or person other than a
bona fide employee working solely for the Consultant to solicit or secure this contract and that he has
not paid or agreed to pay any company or person other than a bona fide employee working solely for
the Consultant any fee, commission, percentage fee, gifts or any other consideration, contingent upon
or resulting from the award of making of this contract. For breach of violation of this warranty, the
County shall have the right to annul this contract without liability.
VIII. ENTIRE AGREEMENT
This Agreement and its Attachments hereto embody the whole agreement of the parties, and there are
no provisions, terms, conditions, or obligations other than those contained herein. This agreement
shall supersede all previous communications, representations, or oral agreements between the parties,
and no amendment hereto shall be effective unless reduced to writing and signed by the parties
hereto.
IX. INDEPENDENT CONTRACTOR
It is specifically understood and acknowledged by the parties hereto that the Consultant or employees
or subcontractors of the Consultant are in no way to be considered employees of the County, but are
independent contractors performing solely under the terms of the Agreement and not otherwise.
X. COMPENSATION AND METHOD OF PAYMENT
The County shall pay to the Consultant professional fees not to exceed the total amount of $24,930.
Consultant will invoice the County monthly based on the percent of work completed during the
preceding 30 -day period. Each monthly invoice will document the work performed. The County
Project Manager will determine if the work performed is consistent with the amount of the invoice
and will authorize payment as appropriate.
XI. INSURANCE AND INDEMNIFICATION
The Consultant shall not commence work on this contract until he has obtained all insurance
required under this paragraph and such insurance has been approved by the County's representative.
The Consultant shall indemnify and hold harmless the County, its officers and employees, from
liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the consultant
and other persons employed or utilized by the consultant in the performance of the contract.
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The Consultant shall maintain during the term of this Agreement the following insurance:
A. Business Automobile Liability Insurance covering all owned, non -owned and hired
vehicles with minimum limits of liability of $1,000,000 per occurrence Combined
Single Limit for bodily injury and property damage.
B. Commercial General Liability Insurance for premises/operations, products/completed
operations, contractual liability, and independent contractors with minimum limits of
liability of $1,000,000 per occurrence Combined Single Limit for bodily injury and
property damage.
C. Worker's Compensation Insurance in compliance with Chapter 440, Florida Statutes,
as presently written or hereinafter amended. The policy must include Employers
Liability with a limit of $100,000 for each accident, $500,000 for disease (policy
limit), and $100,000 for disease (employee limit).
All insurance policies shall be issued by companies authorized to do business under the laws of the
State of Florida. All such insurers must have an A.M. Best rating of no less than A+VII.
The Consultant shall furnish certificates of insurance to the County prior to the commencement of
operations, which certificates shall clearly indicate that the Consultant has obtained insurance in the
type, amount, and classification as required for strict compliance with this section and that no
material change or cancellation of this insurance shall be effective without thirty (30) days prior
written notice to the County.
Compliance with the foregoing requirements shall not relieve the Consultant of his liability and
obligations under this section or under any other portion of this Agreement.
XII. PROHIBITED INTERESTS
No member, officer, or employee of the County or of the member governments during his/her tenure
or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds
thereof. This requirement also applies to any subcontract entered into by the Consultant concerning
this project.
ATTACHMENTS:
Attachment 1: Project Scope of Services
Attachment 2: Federal Transit Administration Section 5309 Bus Livability Grant
Attachment 3: Federal Certifications and Assurances
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CONCLUSION
It is mutually agreed between the County and Consultant that this Agreement, including all
attachments to it, constitutes an agreement, made in Florida, and that it shall be construed according
to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other
party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the
event of federal jurisdiction, in the United States District Court for the Southern District of Florida.
IN WITNESS OF THE FOREGOING, the parties have read this Agreement and attachments
to it and have affixed their signatures, effective on the date first appearing above.
ATTEST:
INDIAN RIVER COUNTY
BOARD OF COUNTY
COMMISSIONERS
BY: BY:
ATTEST:
Wesley S. Davis
Chairman
CIVILSURV DESIGN GROUP, INC.
BY: BY:
Approved as to Form and
Legal Sufficiency
4 =Dylan Reingo d
County Attorney
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SCOPE OF SERVICES
PROJECT ADMINISTRATION CONSULTANT
PROJECT DESCRIPTION:
The project involves administration services for the capital portion of a mass transit
grant awarded to the County by the Federal Transit Administration (FTA).
As an FTA recipient. the County is required to follow FTA regulations regarding
procurement and contracting. Consequently, certain federal and state requirements (such
as equal employment opportunity provisions) will apply to the contract for this project.
Task 1: Project Administration Services
The specific sub -tasks involved with this project include, but are not limited to the following:
• Establishing the financial procedures for receiving funds and disbursing
payments.
• Assessing the local government's compliance with federal regulations
concerning procurement, employment, personnel and property management.
records retention, ethics, and others.
• Reviewing contractor bid documents.
• Evaluating proposals and determining eligibility and compliance.
• Reviewing contract documents.
• Monitoring contractor performance and compliance with contract requirements.
• Supervising all payment authorizations to ensure proper documentation and
appropriate payments.
• Review contractor certified payroll associated with pay requests for EEO
compliance.
• Maintaining all required files.
• Producing and submitting required program reports.
• Representing the local government during monitoring visits. Responding to
monitoring reports.
• Responding to questions and/or complaints from citizens.
ATTACHMENT 1 55
• Recommending policy and/or grant amendments. Taking necessary actions,
such as advertising, conducting public hearings, and updating project
environmental review files.
• Performing program close-out activities, including submission of reports and
provision of follow-up information.
• Ensuring compliance with FTA requirements .
• Other administrative tasks related to FTA Grants and procedures.
Task 1 will be performed throughout the three (3) major phases of the project. The phases are 1.)
Design Phase, 2.) Bid Phase, and 3.) Construction Phase.
Fees
The services will be provided on a Fee Not to Exceed basis based on Time & Material. All invoices
will be submitted monthly as hourly invoices for work performed. The project labor budget, fee
schedule, and total project budget detail are included in attachments B.1 and B.2 to this scope.
Total Base Fee for these services is: $24,930.00
56
EXHIBIT '13.1'
CivilSury Design Group, Inc.
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Task Totals
$ 3,120.00 I
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Project Manager-CSDG
Hetty Harmon, AICP
$90 per hour
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Senior Project Manager-CSDG
Chris Murphy, P.E.
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DESCRIPTION
ITASK 1: Phase 1 DESIGN PHASE SERVICES
ITASK 1: Phase 2 BID PHASE SERVICES
(TASK 1: Phase 3 CONSTRUCTION PHASE SERVICES
Sub -total:
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Phase 2: Bid Phase (5 months)
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58
View Print
DOT
U.S. Department of Transportation
Application
Page 1 of 10
FTA
Federal Transit Administration
Recipient ID:
5630
Recipient Name:
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
Project ID:
FL -04-0182-00
Budget Number:
1 - Budget Approved
Project Information:
BLV FY12 Intermodal Transit Hub
Part 1: Recipient Information
Project Number:
FL -04-0182-00
Recipient ID:
5630
Recipient Name:
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
Address:
1801 27TH STREET , VERO BEACH, FL 32960 3365
Telephone:
(772) 226-1455
Facsimile:
(772) 978-1806
Union Information
Recipient ID:
5630
Union Name:
TEAMSTERS LOCAL 769
Address 1:
3400 43rd Ave #3
Address 2:
City:
Vero Beach, FL 32960
Contact Name:
Steve Myers
Telephone:
(772) 978-0011
Facsimile:
E-mail:
Website:
Part 2: Project Information
Project Type:
Grant
Gross Project
Cost:
$1,150,000
ATTACHMENT
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View Print
Project Number:
FL -04-0182-00
Project Description:
BLV FY12 Intermodal Transit
Hub
Recipient Type:
County Agency
FTA Project Mgr:
Chris White - 404-865-5619
Recipient Contact:
Brian Freeman 772-226-1990
New/Amendment:
New
Amend Reason:
Initial Application
$0
Fed Dom Asst. #:
20500
Sec. of Statute:
5309-2
State Appl. ID:
None Specified
Start/End Date:
Aug. 01, 2013 - Jan. 31, 2015
Recvd. By State:
Sep. 24, 2013
EO 12372 Rev:
Not Applicable
Review Date:
None Specified
Planning Grant?:
NO
Program Date
(STIP/UPWP/FTA
Prm Plan) :
Aug. 07, 2013
Program Page:
685
Application Type:
Electronic
Supp. Agreement?:
No
Debt. Delinq. Details:
Final Budget?:
Urbanized Areas
UZA ID
UZA Name
120000
FLORIDA
Congressional Districts
State ID
District Code
District Official
12
15
Dennis A Ross
Page 2 of 10
Adjustment Amt:
$0
Total Eligible Cost:
$1,150,000
Total FTA Amt:
$1,150,000
Total State Amt:
$0
Total Local Amt:
$0
Other Federal
Amt:
$0
Special Cond Amt:
$0
Special Condition:
None Specified
S.C. Tgt. Date:
None Specified
S.C. Eff. Date:
None Specified
Est. Oblig Date:
None Specified
Pre -Award
Authority?:
Yes
Fed. Debt
Authority?:
No
Final Budget?:
No
Project Details
Funding is requested through Section 5309 for Fiscal Year 2012. The source of funding is through the Bus
Livability Initiative and was announced in the Federal Register on August 14, 2012 (Vol. 77, No. 157, page
48592).
This grant will fund the construction of a new intermodal transit hub near downtown Vero Beach. The total
eligible cost is $1,150,000; of which the federal share is $1,150,000. FDOT District 4 has authorized toll revenue
credits in the amount of $287,500 in support of this application in the letter dated November 7, 2012.
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Attachments:
Toll Revenue Credit Letter
FY 2013 STIP
Earmarks
Earmark Details
Page 3 of 10
Earmark ID
Earmark Name
Orig. Balance
Amount
Applied
D2012-BLIV-016
Construct New Intermodal Bus
$1,150,000
$1,150,000
Number of Earmarks: 1
Total Amount Applied: $1,150,000
Date Sent for Release: 9/24/2013 2:41:42 PM
Date Released:
Security
No information found.
Part 3: Budget
Project Budget
OTHER (Scopes and Activities not included in Project Budget Totals)
61
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Quantity
FTA Amount
Tot. Eliq. Cost
SCOPE
113-00 BUS - STATION/STOPS/TERMINALS
2
$1,150,000.00
$1,150,000.00
ACTIVITY
11.31.02 ENG/DESIGN - BUS STATION
1
$100,000.00
$100,000.00
11.33.02 CONSTRUCT - BUS STATION
1
$1,050,000.00
$1,050,000.00
Estimated Total Eligible Cost:
$1,150,000.00
Federal Share:
$1,150,000.00
Local Share:
$0.00
OTHER (Scopes and Activities not included in Project Budget Totals)
61
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None
SOURCES OF FEDERAL FINANCIAL ASSISTANCE
Page 4 of 10
UZA ID
Accounting
FPC
FY
—
SEC
Previously
Amendment
Total
Classification
Approved
Amount
Contract Complete
Jan. 31, 2015
123920
2012.25.04.BL.2
00
2014
04
$0.00
$1,150,000.00
$1,150,000.00
Total Previously Approved:
$0.00
Total Amendment Amount:
$1,150,000.00
Total from all Funding Sources:
$1,150,000.00
Alternative Fuel Codes
Extended Budget Descriptions
11.31.02 ENG/DESIGN - BUS STATION 1 $100,000.00 $100,000.00
Milestone Description
Architectural and engineering design for new intermodal transit hub in Vero Beach. The anticipated useful life of
the facility is 40 years.
11.33.02 CONSTRUCT - BUS STATION 1 $1,050,000.00 $1,050,000.00
RFP/IFB Issued
Construction of new intermodal transit hub in Vero Beach. The anticipated useful life of the facility is 40 years.
2.
Changes since the Prior Budget
No information found.
Part 4. Milestones
11.31.02 ENG/DESIGN - BUS STATION
1
$100,000
$100,000
11.33.02 CONSTRUCT - BUS STATION
1 $1,050,000 $1,050,000
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Milestone Description
Est. Comp. Date
1.
RFP/IFB Issued
Oct. 01, 2013
2.
Contract Award
Dec. 31, 2013
3.
Contract Complete
Jan. 31, 2015
11.33.02 CONSTRUCT - BUS STATION
1 $1,050,000 $1,050,000
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Page 5 of 10
Part 5. Environmental Findings
113102 ENG/DESIGN - BUS STATION
Finding No. 1 - Class II(c)
1 $100,000 $100,000
C09 - Assembly or construction of facilities
Assembly or construction of facilities that is consistent with existing land use and zoning requirements
(including floodplain regulations) and uses primarily land disturbed for transportation use, such as: buildings
and associated structures; bus transfer stations or intermodal centers; busways and streetcar lines or other
transit investments within areas of the right-of-way occupied by the physical footprint of the existing facility
or otherwise maintained or used for transportation operations; and parking facilities.
Finding Details: Documented Categorical Exclusion (DCE) approved on July 23, 2013.
113302 CONSTRUCT - BUS STATION 1 $1,050,000 $1,050,000
Finding No. 1 - Class II(d)
D07 - Other
Other
Finding Details: Documented Categorical Exclusion (DCE) approved on July 23, 2013
Part 6: Fleet Status
No information found.
Part 7. FTA Comments
General Review
Comment Title:
Milestone Description
Est. Comp. Date
1.
RFP/IFB Issued
May. 01, 2014
2.
Contract Award
Jul. 31, 2014
3.
Contract Complete
Jan. 31, 2015
Part 5. Environmental Findings
113102 ENG/DESIGN - BUS STATION
Finding No. 1 - Class II(c)
1 $100,000 $100,000
C09 - Assembly or construction of facilities
Assembly or construction of facilities that is consistent with existing land use and zoning requirements
(including floodplain regulations) and uses primarily land disturbed for transportation use, such as: buildings
and associated structures; bus transfer stations or intermodal centers; busways and streetcar lines or other
transit investments within areas of the right-of-way occupied by the physical footprint of the existing facility
or otherwise maintained or used for transportation operations; and parking facilities.
Finding Details: Documented Categorical Exclusion (DCE) approved on July 23, 2013.
113302 CONSTRUCT - BUS STATION 1 $1,050,000 $1,050,000
Finding No. 1 - Class II(d)
D07 - Other
Other
Finding Details: Documented Categorical Exclusion (DCE) approved on July 23, 2013
Part 6: Fleet Status
No information found.
Part 7. FTA Comments
General Review
Comment Title:
PM Comment
Comment By:
Christopher White
Date Created:
Sep. 06, 2013
Date Updated:
Sep. 16, 2013
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63
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Ref Section:
Project Overview
Page 6 of 10
Comment:
Please attach a brief/comprehensive description of the intermodal transit hub project that
includes both a project budget & schedule. CW
CLEARED
Comment Title:
LaShore
Comment By:
Tajsha LaShore
Date Created:
Aug. 05, 2013
Date Updated:
Aug. 20, 2013
Ref Section:
Unknown
Comment:
(1) Please attach the STIP page to TEAM and provide the STIP program date in the
application. CLEARED
(2) Please complete the EARMARK page in TEAM for this application. Under modify
application, click on project information, then click on earmark, then complete the
information - please pull down your earmark and provide your congressional interest rep.
for the project. CLEARED
(3) environmental finding - please provide the FTA date of approval for the DCE for the
construction ALI. Please place the approval date information in the blank box. CLEARED
Conditions of Award
Comment Title:
Transp. development credits
Comment By:
Tajsha LaShore
Date Created:
Aug. 14, 2013
Date Updated:
None Specified
Ref Section:
Unknown
Comment:
A letter is attached from FDOT, dated November 7, 2012, confirming transportation
development credits in the amount of $287,500 for this grant application.
Comment Title:
DOL Certification
Comment By:
Erica Matos
Date Created:
Sep. 24, 2013
Date Updated:
None Specified
Ref Section:
Unknown
Comment:
This award of Federal financial assistance is subject to the terms and conditions set forth
in the U.S. Department of Labor's certification letter dated September 24, 2013, to the
Federal Transit Administration with respect to this numbered grant, including any
attachments to the letter, which are fully incorporated herein by reference.
Comments to DOL
Comment Title:
DOL
Comment By:
Tajsha LaShore
Date Created:
Aug. 14, 2013
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Page 7 of 10
Date Updated:
None Specified
Ref Section:
Unknown
Comment:
Grantee is using these funds for an intermodal transit hub - engineering/design and
construction (capital expenditures only).
Please review at your earliest convenience.
Grantee contact is Brian Freeman at 772-226-1990.
Part 8: Results of Reviews
The reviewer did not find any errors
Part 9: Agreement
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
GRANT AGREEMENT
(FTA G-19, October 1, 2012)
On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official's
electronic signature is entered for this Grant Agreement, FTA has Awarded Federal assistance in support of the
Project described below. Upon Execution of this Grant Agreement by the Grantee named below, the Grantee
affirms this FTA Award, and enters into this Grant Agreement with FTA. The following documents are
incorporated by reference and made part of this Grant Agreement:
(1) "Federal Transit Administration Master Agreement," FTA MA(19), October 1, 2012,
http://www.fta.dot.gov/documents/19-Master.pdf
(2) The Certifications and Assurances applicable to the Project that the Grantee has selected and provided to
FTA, and
(3) Any Award notification containing special conditions or requirements, if issued.
FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL
ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS
FOLLOWING THE DATE OF THIS FTA AWARD SET FORTH HEREIN.
FTA AWARD
FTA hereby awards a Federal grant as follows:
Project No: FL -04-0182-00
Grantee: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
Citation of Statute(s) Authorizing Project: 49 USC 5309 - Bus and Bus Facilities (FY2006 forward)
Estimated Total Eligible Cost (in U.S. Dollars): $1,150,000
Maximum Total FTA Amount Awarded (in U.S. Dollars): $1,150,000
Amount of This FTA Award (in U.S. Dollars): $1,150,000
65
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Maximum Percentage(s) of FTA Participation:
Percentages of Federal participation are based on amounts included in the Approved Project Budget, modified as
set forth in the text following the Project Description.
U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements:
Original Project Certification Date: 9/24/2013
Prosect Description:
BLV FY12 Intermodal Transit Hub
The Project Description includes information describing the Project within the Project Application submitted to
FTA, and the Approved Project Budget, modified by any additional statements displayed in this Grant Agreement,
and, to the extent FTA concurs, statements in other documents including Attachments entered into TEAM -Web.
A letter is attached from FDOT, dated November 7, 2012, confirming transportation development credits in the
amount of $287,500 for this grant application.
This award of Federal financial assistance is subject to the terms and conditions set forth in the U.S. Department
of Labor's certification letter dated September 24, 2013, to the Federal Transit Administration with respect to this
numbered grant, including any attachments to the letter, which are fully incorporated herein by reference.
Awarded By:
Tom Thomson
Deputy Regional Administrator
FEDERAL TRANSIT ADMINISTRATION
U.S. DEPARTMENT OF TRANSPORTATION
10/31/2013
EXECUTION OF GRANT AGREEMENT
Upon full execution of this Grant Agreement by the Grantee, the Effective Date will be the date FTA or the
Federal Government awarded Federal assistance for this Grant Agreement.
By executing this Grant Agreement, the Grantee intends to enter into a legally binding agreement in
which the Grantee:
(1) Affirms this FTA Award,
(2) Adopts and ratifies all of the following information it has submitted to FTA:
(a) Statements,
(b) Representations,
(c) Warranties,
(d) Covenants, and
(e) Materials,
(3) Consents to comply with the requirements of this FTA Award, and
(4) Agrees to all terms and conditions set forth in this Grant Agreement.
By executing this Grant Agreement, I am simultaneously executing any Supplemental Agreement that
may be required to effectuate this Grant Agreement.
Executed by:
Phillip J Matson
Director
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INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
10/31/2013
FL -04-0182-00 Quarterly Narrative Report
Jul. 01, 2013 through Sep. 30, 2013
As Of Dec. 31, 2013
(DRAFT)
No MS/P Report , No FFR
Part 1: Recipient Information
Page 9 of 10
Project Number:
FL -04-0182-00
Recipient ID:
5630
Recipient Name:
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
Address:
1801 27TH STREET , VERO BEACH, FL 32960 3365
Telephone:
(772) 226-1455
Facsimile:
(772) 978-1806
Part 2: Project Information
Project No:
FL -04-0182-00
Brief Desc:
BLV FY12 Intermodal Transit Hub
FTA Project Mgr:
Chris White - 404-865-5619
Start/End Date:
Aug. 01, 2013 - Jan. 31, 2015
Gross Project Cost:
$1,150,000
Adjustment Amt:
$0
Total Eligible Cost:
$1,150,000
Total FTA Amt:
$1,150,000
Total State Amt:
$0
Total Local Amt:
$0
Other Federal Amt:
$0
Part 3: Federal Financial Report
Financial Status
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67
Previous
This Period
Cumulative
A. Federal Cash on Hand at Beginning of
Period
$0
B. Federal Cash Receipts
$0
C. Federal Cash Disbursements
$0
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Page 10 of 10
D. Federal Cash on Hand at End of Period
N/A
Rate
$0
E. Total Federal Funds Authorized
$0
Amount Charged
$0
F. Federal Share of Expenditures
$0
$0
$0
G. Recipient Share of Expenditures
$0
$0
$0
H. Total Expenditures( F + G )
$0
$0
$0
I. Federal Share of Unliquidated
Obligations
$0
J. Recipient Share of Unliquidated
Obligations
$0
K. Total Unliquidated Obligations( I + J )
$0
L. Total Federal Share ( F + I)
$0
M. Unobligated Balance of Federal Funds
(E - L)
$0
N. Total Recipient Share Required
$0
O. Remaining Recipient Share to be
provided N - ( G + J )
$0
P. Federal Program Income on Hand at
Beginning of Period
$0
Q. Total Federal Program income earned
$0
R. Federal Program income expended in
accordance with the deduction alternative
$0
S. Federal Program income expended in
accordance with the addition alternative
$0
T. Federal Program income expended on
allowable Transit Capital and Operating
expenses
$0
U. Federal Unexpended Program income
(P+Q-RorsorT)
$0
Indirect Expense
Type
N/A
Rate
0.00%
Base
$0
Amount Charged
$0
Federal Share
$0
Part 4. Milestone/Progress Report
No Milestone Report
68
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APPENDIX A
FEDERAL REQUIREMENTS
The following are requirements of the successful consultant that are conditions of the Federal grant funds
available to this project. As noted in each section below, these requirements contain both certifications
and requirements applicable to proposers that choose to respond to this Request for Qualifications, as
well as certifications and requirements of the successful proposer. All applicable provisions will be
included in the professional services contract awarded as an outcome of this selection process.
A. Energy Conservation
The Consultant agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
B. Clean Water
(1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Consultant agrees to
report each violation to the County and understands and agrees that the County will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Consultant also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
C. Lobbying
See Appendix B.
D. Access to Records and Reports
The following requirements apply to access to records:
1) Where the County is the FTA Recipient or a sub -grantee of the FTA Recipient in accordance with 49
C.F.R.18.36(i), the Consultant agrees to provide the County, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any books, documents,
papers and records of the Consultant which are directly pertinent to the proposed contract for the
purposes of making audits, examinations, excerpts and transcriptions. The Consultant also agrees,
pursuant to49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including
any PMO Consultant access to the Consultant's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs
described at 49 U.S.C. 5307, 5309 or 5311.
2) Where the County enters into a contract for a capital project or improvement (defined at 49 U.S.C.
5302(a)1) through other than competitive bidding, the Consultant will make available records
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requirements.docx
ATTACHMENT 39
related to the contract to the County, the Secretary of Transportation and the Comptroller General or any
authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
3) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever
or to copy excerpts and transcriptions as reasonably needed.
4) The Consultant agrees to maintain all books, records, accounts and reports required under the
proposed contract for a period of not less than three years after the date of termination or expiration of
this contract, except in the event of litigation or settlement of claims arising from the performance of the
proposed contract, in which case the Consultant agrees to maintain same until the County, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of
all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
5) FTA does not require the inclusion of these requirements in subcontracts.
E. Federal Changes
The Consultant will at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement
between the County and FTA, as they may be amended or promulgated from time to time during the term
of the proposed contract. The Consultant's failure to so comply shall constitute a material breach of this
contract.
F. Clean Air
1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Consultant agrees to report each violation
to the County and understands and will agree that the County will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
2) The Consultant also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
G. Recycled Products/Recovered Materials
The Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation
and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory
provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items
designated in Subpart B of 40 CFR Part 247.
H. No Obligation by the Federal Government
1) The County and the Consultant acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the County, the Consultant, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
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requirements.docx 2
70
2) The Consultant agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to
identify the sub -consultant who will be subject to its provisions.
I. Program Fraud and False or Fraudulent Statements or Related Acts
1) The Consultant acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to the proposed project. Upon execution of the underlying contract,
the Consultant certifies and affirms the truthfulness and accuracy of any statement it has made, it makes,
it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be applicable, the
Consultant further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Consultant to the extent the Federal
Government deems appropriate.
2) The Consultant also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with
a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the
authority of 49 U.S.C. § 5307, the Federal Government reserves the right to impose the penalties of 18
U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Consultant, to the extent the Federal Government deems
appropriate.
3) The Consultant agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,
except to identify the sub -consultant who will be subject to the provisions.
J. Suspension and Debarment
This proposed contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Consultant
will be required to verify that none of the consultant, its principals, as defined at 49 CFR 29.995, or
affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The Consultant is required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and
submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the County. If it
is later determined that the bidder or proposer knowingly rendered an erroneous certification, in
addition to remedies available to the County, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. The bidder or proposer
agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or proposer
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
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K. ADA Access
The Consultant agrees to comply with all applicable requirements of the Americans with Disabilities Act
of 1990(ADA), as amended, 42 USC 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as
amended, 29 USC 794; 49 USC 5301(d); and any implementing requirements FTA may issue.
These regulations provide that no handicapped individual, solely by reason of his or her handicap, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity included in or resulting from the proposed contract.
L. Civil Rights
1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the
Consultant agrees that it will not discriminate against any employee or applicant for employment because
of race, color, creed, national origin, sex, age, or disability. In addition, the Consultant agrees to comply
with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2) Equal Employment Opportunity - The following equal employment opportunity requirements will apply
to the proposed contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Consultant agrees
to comply with all applicable equal employment opportunity requirements of U.S. Department of
Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement
Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order
No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42
U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the course of
the Project. The Consultant agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race,
color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the Consultant agrees to comply with any implementing
requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Consultant agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Consultant agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. § 12112, the Consultant agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
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to employment of persons with disabilities. In addition, the Consultant agrees to comply with any
implementing requirements FTA may issue.
3) The Consultant also agrees to include the foregoing requirements in each subcontract financed in whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.
M. Breaches and Dispute Resolution
Disputes — Disputes regarding the proposed contract will be handled as follows: Disputes arising in the
performance of the proposed agreement which are not resolved by agreement of the parties shall be
decided in writing by the County Project Manager. This decision shall be final and conclusive unless within
ten (10)] days from the date of receipt of its copy, the Consultant mails or otherwise furnishes a written
appeal to the County Administrator. In connection with any such appeal, the Consultant shall be afforded
an opportunity to be heard and to offer evidence in support of its position. The decision of the County
Administrator shall be binding upon the Consultant and the Consultant shall abide by the decision.
Performance During Dispute - Unless otherwise directed by the County, the Consultant will continue
performance under the proposed agreement while matters in dispute are being resolved.
N. Disadvantaged Business Enterprises
1) This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The
agency's overall goal for DBE participation is 2.2 %. A separate contract goal has not been established for
this procurement.
2) The Consultant agrees not to discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The Consultant agrees to carry out applicable requirements of 49 CFR Part
26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out
these requirements is a material breach of this contract, which may result in the termination of this
contract or such other remedy as the County deems appropriate. Each subcontract the contractor signs
with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
3) The Consultant will be required to report its DBE participation obtained through race -neutral means
throughout the period of performance.
4) The Consultant agrees to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor's receipt of payment for that work
from the County. In addition, Consultant will be required to return any retainage payments to those
subcontractors within 30 days after incremental acceptance of the subcontractor's work by the County
and contractor's receipt of the partial retainage payment related to the subcontractor's work.
5) The Consultant agrees to promptly notify the County, whenever a DBE subcontractor performing work
related to this contract is terminated or fails to complete its work, and will agree make
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good faith efforts to engage another DBE subcontractor to perform at least the same amount of work.
The Consultant agrees to not terminate any DBE subcontractor and perform that work through its own
forces or those of an affiliate without prior written consent of the County.
0. Incorporation of Federal Transit Administration Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the proposed contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220 are hereby incorporated by reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with
other provisions contained in the proposed agreement. The Consultant shall not perform any act, fail to
perform any act, or refuse to comply with any County requests which would cause the County to be in
violation of the FTA terms and conditions.
P. Seismic Safety
The Consultant agrees that any new building or addition to an existing building will be designed and
constructed in accordance with the standards for Seismic Safety required in Department of Transportation
Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the
regulation. The Consultant also agrees to ensure that all work performed under this contract including
work performed by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
CONSENT
C
TO:
THROUGH:
FROM:
SUBJECT:
Joseph A. Baird, County Administrator
Christopher R. Mora, P.E., Public Works Director
Christopher J. Kafer, Jr., P.E., County Enginee
Richard B. Szpyrka, P.E., Project Engineer
Professional Architectural and Engineering Services for Indian River County
Go -Line Bus Transfer Hub Facility, 1235 16TH Street, Vero Beach
RFQ No. 2014016 — IRC Project No. 1330
DATE: March 25, 2015
DESCRIPTION AND CONDITIONS
On March 4, 2014, the Board of County Commissioners approved the ranking of the design professionals
for the new Indian River County Go -Line Bus Transfer Hub Facility, to be constructed at 1235 16th Street,
Vero Beach, and authorized staff to begin negotiations with the top ranked firm, Schulke, Bittle, and
Stoddard, LLC.
Attached is a proposed agreement for design and construction related services for the proposed facility.
The proposed improvements would consist of the following:
1. 2,200 to 2,800 +/- sf of enclosed and open air building, bathrooms, and storage;
2. Eight (8) Bus/Transit vehicle pick-up/parking spaces;
3. Paved parking for clients and operators;
4. To be included in the design and bid as a constructive alternative is a 4,600 sf continuous
covered shelter (12' x 383') over the walkway/pick-up area.
A preliminary cost estimate from Schulke, Bittle, and Stoddard, LLC, was above the available funding for
the project. As such, the continuous covered walkway feature over the sidewalks connecting the eight
Bus/Transit areas will be bid as a construction alternative. The estimated cost for the continuous covered
walkway is $174, 800.00.
Professional services fees are categorized as follows:
1. Engineering/Architecture for design and permitting;
2. Cost Estimating, Contract Administration, Inspections, Procurement;
3. Florida Green Building Coalition (FGBC) Certification and Commissioning.
F:\Public Works\ENGINEERING DIVISION PROJECTS\1330-GoLine Bus Transfer Hub Facility\Admin\agenda items\BCC Agenda memo
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PAGE TWO
Richard B. Szpyrka, P.E., Project Engineer
April 14, 2015 BCC Agenda Item
FUNDING
The proposed professional services listed will cost a lump sum fee of $140,570.00 plus reimbursable
expenses not to exceed $18,980.00, for a total of $159,550.00. Funding is budgeted in MPO/Planning/Transit
Hub Project, Account No. 12420415-066510-10802. Two grants totaling $1,218,642.32 were obtained by the
MPO for the project. On October 31, 2013, the Federal Transit Administration awarded Indian River County a
5309 grant in the amount of $1,150,000.00. A budget amendment will be prepared to fund this grant. On
January 13, 2010, FDOT and the MPO entered into an agreement for funding in the amount of $68,642.32.
No county funds will be required for this project.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve the proposed agreement with Schulke,
Bittle, and Stoddard, LLC, in the amount of $159,550.00 and authorize the Chairman to execute the
agreement.
ATTACHEMENTS
1. Agreement
DISTRIBUTION
1. Purchasing Division
2. Phil Matson, MPO Staff Director
3. Brian Freeman, Senior Transportation Planner
4. Joseph W. Schulke, P.E., Schulke, Bittle, and Stoddard, LLC
APPROVED AGENDA ITEM
FOR April 14, 2015
Indian River County
Approved
Date
Administration
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Budget
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Legal
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Public Works
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Engineering
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Agreement with Schulke, Bittle, & Stoddard 032315 Rev 1 033115.doc
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INDIAN RIVER COUNTY
GO -LINE TRANSFER HUB
PROFESSIONAL CIVIL ENGINEERING AND ARCHITECTURAL SERVICES
CONSULTANT CONTRACT
THIS CONTRACT, entered into this day of , 2015 between INDIAN RIVER
COUNTY, a Political subdivision of the State of Florida, 1800 27th Street, Vero Beach, FL.
32960, hereinafter referred to as the COUNTY, and Schulke, Bittle and Stoddard, LLC, 1717
Indian River Blvd, Suite 201, Vero Beach, FL 32960, hereinafter referred to as the
CONSU LTANT.
WITNESSETH
The COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree
with respect to the performance of professional civil engineering; surveying; architecture;
structural, electrical, and mechanical engineering; construction budgeting, contract procurement
services, and related services by the CONSULTANT, and the payment for those services by the
COUNTY, as set forth below. This agreement shall be referred to as the "CONSULTANT
CONTRACT".
The CONSULTANT shall provide professional consultant services including: civil engineering;
surveying; architecture; structural, electrical, and mechanical engineering; construction
budgeting, contract procurement services and related services to the COUNTY for those phases
of the project described below as the new INDIAN RIVER COUNTY GO -LINE TRANSFER
HUB, located at 1235 16th Street, and the consultant shall serve as the COUNTY's professional
representative for the project as set forth herein, and any related or similar project as the
COUNTY may deem necessary; and shall give professional civil engineering; surveying;
architecture; structural, electrical, and mechanical engineering; construction budgeting, and
related advice to the COUNTY during the performance of the services to be rendered.
SECTION I - PROJECT LIMITS AND DESCRIPTION
The project limits shall include the City owned tract of land, located on the south side of 16`x'
Street, which occupies approximately 1.6 acres, and lies adjacent to and west of the FEC
Railroad.
Consultant services are required for the preparation' of site and building construction plans,
including surveying, civil engineering, architectural design, structural engineering, mechanical
and electrical engineering, preparation of working drawings, contract documents, an updated
opinion of probable cost, field inspections and reports, and related construction administration
services for the construction of site and building improvements necessary for the development of
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the main Indian River County / Senior Resource Association Go -Line Transfer Hub. The
improvements will include:
• 2200 to 2800+/-sfenclosed and open air building to provide shelter, bathrooms,
and storage.
• (8) Bus / transit vehicle pick up / parking spaces.
• Paved and secured parking for clients and operators.
• To be included in the design and bid as an alternate, a 4600 sf covered shelter (12'
x 383' over walkway/pick up area).
Basic services required of the CONSULTANT are described in Section IV Scope of Services.
SECTION II - GENERAL RESPONSIBILITIES
A. Design services required by the Agreement shall be performed by qualified registered
Florida architects, engineers and other design professionals. The contractual obligations
of such professional persons or entities are undertaken and performed in the interest of
the CONSULTANT.
B. The agreements between the CONSULTANT and the persons or entities identified in this
Agreement, and any subsequent modifications, shall be in writing. These agreements,
including financial arrangements with respect to this Project, shall be promptly and fully
disclosed to the COUNTY upon request
C. If the CONSULTANT believes or is advised by other design professionals retained to
provide services on the Project that implementation of any instruction received from the
COUNTY would cause a violation of any applicable law, the CONSULTANT shall
notify the COUNTY in writing. The CONSULTANT shall not be obligated to perform
any act which he believes will violate any applicable law.
D. Public Records Compliance: Indian River County is a public agency subject to Chapter
119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically, the Contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the County in order to perform the service.
2. Provide the public with access to public records on the same terms and conditions
that the County would provide the records and at a cost that does not exceed the
cost provided in chapter 119 or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
4. Meet all requirements for retaining public records and transfer, at no cost, to the
County all public records in possession of the Contractor upon termination of the
Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the County in a format that is
compatible with the information technology systems of the County.
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SECTION III - COUNTY OBLIGATIONS
The COUNTY agrees to provide the following material, data, or services as required in
connection with the work to be performed under this Agreement:
A. Provide the CONSULTANT with all available drawings, and other documents in the
possession of the COUNTY pertinent to the project.
B. The COUNTY shall be responsible for acquiring all right-of-ways, easements and other
rights in land as necessary to complete the project.
C. The COUNTY shall be responsible for obtaining those permits required to perform the
work to complete the project only if such permit requirements are established by
regulatory agencies after the date of this Agreement.
D. The COUNTY shall make provisions for the CONSULTANT to enter upon public or
private property as required for the CONSULTANT to perform his services.
E. The COUNTY will promptly execute all permit applications prepared by
CONSULTANT that are necessary to expedite the acquisition of any local, state or
federal permits made necessary by the project.
F. The COUNTY designates Chris Mora, P.E., Public Works Director, or his designee, as
Project Manager for the Project.
G. The COUNTY shall provide any necessary phase 1/11 environmental audits of the site.
H. The COUNTY shall attend meetings with agencies having jurisdiction and approval
authority for this project, when requested by CONSULTANT.
1. The COUNTY shall select final colors for the interior and exterior finishes selected by
the CONSULTANT.
J. The COUNTY shall obtain the As -Built drawings from the General Contractor awarded
the project. The project contract documents will be prepared to specify this requirement.
SECTION IV - SCOPE OF SERVICES
The CONSULTANT agrees to perform professional services in connection with the project as
required and as set forth in the following:
A. GENERAL
The CONSULTANT will provide professional engineering and architectural Consultant
services for the preparation of site and building construction plans, including surveying,
civil engineering, architectural design, structural engineering, mechanical and electrical
engineering, preparation of working drawings, contract documents, an updated opinion
of probable cost at the end of the Consultant Development Phase, field inspections and
reports, and related construction administration services, for the construction of site and
building improvements necessary for the development of administration, operation,
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maintenance and storage facilities for the IRC Transfer Hub (Indian River County SRA
Transfer Hub).
2. The CONSULTANT shall prepare all building architectural and building engineering
system designs, including structural, mechanical, and electrical systems.
3. The CONSULTANT shall prepare all site structure designs, including but not limited to,
flag pole foundation, dumpster enclosure, grade level walkways, curbing, wheel stops,
bollards, culverts, transformer pad, headwalls, and monument signage. All site structures
shall comply with the wind pressure requirements in 2014 Florida Building Code for high
velocity wind zones.
4. The CONSULTANT will provide a site plan conforming to 2014 Florida Building Code
accessibility requirements including building location, and accessible route to all
buildings and required entries and exits, sidewalks, accessible route to public R.O.W.,
parking, vehicular use areas, curb cuts, driveways, circulation, site lighting, light pole
locations, selected fixture manufacturer's photometric site overlay, utility and drainage
facilities, site data and site calculations. The format for this documentation will be AUTO
CAD 2012 or later, and shall clearly show the area for placement of the
buildings/improvements required in the program data.
5. The CONSULTANT'S preliminary planning and programming efforts for the Indian
River County SRA Transfer Hub should take into account the following:
A. A masonry building with wood or light gauge steel truss roof system and metal
roof providing bathrooms, small office, storage, vending machine area, and generally
shelter for the clients and operators of the Indian River County GoLine Transfer Hub.
It shall be approximately 2200 to 2800+/- sf, of which 1000+/- sf will be enclosed or
partially enclosed space and 1200 to 1800+/- sf will be open/roof covered space.
B. A steel post and beam with metal roof (to match primary building) 4600 sf
rectangular gable shelter (12' x 383') for clients and operators adjacent to bus
transfer/pick up locations and over pedestrian walkways — providing a continuous
shelter from the pick-up locations to the primary building.
C. Safe and adequate access, circulation and parking areas for the transit system
vehicles.
D. Adequate seating beneath sheltered areas for the clients of the transit system.
E. Adequate parking area for clients and operators of the transit system.
F. Green and sustainable strategy planning. Indian River County has adopted policy no.
AM -1101.1, which requires that all buildings commenced after July 1, 2008 shall
comply with the requirements of s. 255.2575 Florida Statutes, under the auspices of the
Florida Green Building Coalition, Inc. The statute requires that the building must
comply with one of several nationally recognized, high performance green building
rating systems, of which, the Florida Green Building Coalition, Inc. system is one of
the approved systems.
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The CONSULTANT shall provide a Designated Professional (LEED AP) and a
Designated Commissioning Agent (Professional engineer; mechanical or electrical) to
assist and coordinate the FGBC certification process.
6. The CONSULTANT'S planning efforts for the Indian River County SRA Transfer Hub
should take into account the following.
A. Improvement locations to be mutually agreed upon by COUNTY staff and
Design Build Team
B. Exterior and interior finishes.
C. Construction Costs
D. IRC requirements for Operation and use — space allocation
E. Location of adjacent IRC or City owned sites, and the existing facilities,
structures, utilities and stormwater systems, and capacity of existing utility and
stormwater management systems.
F. Local and state Stormwater regulations and requirements.
G. Views
H. Prevailing winds
I. Separation from vehicular spaces, separation from adjacent residential districts
J. Flood zones, Wind Resistance, Building Codes, and life safety issues
K. Sustainable Green design standards.
7. The CONSULTANT will endeavor not to duplicate any previous work done on the
project. After written authorization to proceed, the CONSULTANT shall consult with the
COUNTY staff to clarify and define the COUNTY'S requirements for the project and
review all available data, after which, a meeting with the CONSULTANT and County
will be held.
8. The CONSULTANT will attend conferences with the COUNTY and its representatives
upon the request of COUNTY.
9. In order to accomplish the work described under this Agreement in the time frames set
forth in this Agreement, the CONSULTANT will maintain an adequate staff of registered
Architects, Engineers, draftsmen, and other employees and consultants on the work at all
times.
10. By executing this Contract, the CONSULTANT represents to the COUNTY that the
CONSULTANT is professionally qualified to act as the engineer for the project and is
licensed to practice engineering by all public entities having jurisdiction over the
CONSULTANT and the project. The CONSULTANT further represents to the
COUNTY that the CONSULTANT will maintain all necessary licenses, permits or other
authorizations necessary to act as engineer for the Project until CONSULTANT'S
remaining duties, hereunder have been satisfied. The CONSULTANT assumes full
responsibility to the COUNTY for the improper acts and omissions of its consultants or
others employed or retained by the CONSULTANT in connection with the Project.
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1 1. The professional services are to be provided in accordance with generally accepted
professional engineering and architectural practices.
12. The Consultant will be responsible for scheduling the design team meetings and
coordinating the construction documents generated by its sub-contractors involved in this
project
13. Nothing contained in this agreement shall create a contractual relationship with or a cause
of action in favor of a third party against either the COUNTY or the CONSULTANT.
14. Execution of this Contract by the CONSULTANT constitutes a representation that the
CONSULTANT has become familiar with the Project site and the local conditions under
which the Project is to be implemented.
15. The CONSULTANT will endeavor to comply with all federal, state, and local laws
applicable to this project. The CONSULTANT will endeavor to design the project in
such a manner as to be in conformance with all current applicable federal, state and local
laws, including current accessibility guidelines at the signing of this agreement.
16. The CONSULTANT will prepare all necessary sketches to accompany applications for
any required federal, state, or local permits.
17. The CONSULTANT will cooperate fully with the COUNTY in order that all phases of
the work may be properly scheduled and coordinated.
18. The CONSULTANT shall report the status of this project to the County's Project
manager upon request and hold all drawings, calculations and related work open to the
inspection of the Project manager or his authorized agent at any time, upon reasonable
request.
19. The CONSULTANT, will prepare all permit applications, and will prepare and furnish
copies of the drawings, specifications and contract documents, as required for federal,
state and local agencies from which approval of the project must be obtained. All original
documents, tracings and the like, including all items furnished to the CONSULTANT by
the COUNTY pursuant to this Agreement, are and shall remain the property of the
COUNTY, and shall be delivered to the COUNTY upon completion of the work.
20. The drawings prepared by the CONSULTANT will be of sufficient detail to permit the
actual location of the proposed building improvements on the ground.
21. The CONSULTANT will supply drawings and AutoCAD files for final as-builts.
22. Any additional work required by regulatory agencies pursuant to regulations established
after the date of this Agreement shall be an additional service, and the COUNTY shall
compensate the CONSULTANT in accordance with SECTION VII Additional Work, of
this Agreement and in an approved amendment to this Contract.
23. The CONSULTANT agrees that all hiring must follow all applicable labor laws as
follows:
A. The CONSULTANT and his sub-contractors shall maintain such insurance as will
protect it from claims by employees under the Worker's Compensation Act and from
claims by employees for bodily injury or death which may arise from the performance
of its services under this contract.
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B. The CONSULTANT and his sub -contractors will assure compliance with Title VI of
the Civil Rights Act of 1964 (P.L. 88-352) as amended, (S42USC2000d) and the
requirements imposed by the regulations of the Department of Commerce
(I 5CFRPart8) issued pursuant to that Title. In accordance therewith no person in the
United States shall, on the grounds of race, be subjected to discrimination under any
program or activity for which Indian River County receives state financial assistance.
C. The work will be conducted in compliance with the Americans with Disabilities Act
of 1990, 42 U.S.C. 12101 et. seq. and the Regulations adopted pursuant to that act, to
the extent required by the law.
D. In accordance with Section 616.255(2), Florida Statutes, the COUNTY encourages
the CONSULTANT to the greatest extent possible, to give consideration to increasing
the number of contractors/vendors that are minority businesses.
B. CONSULTANTS SCOPE OF WORK AND PRODUCT DELIVERABLES
1.0 PHASE 1 - CONSULTANT DEVELOPMENT, PROGRAMMING / SCHEMATIC
DESIGN PHASE:
.01 The CONSULTANT shall coordinate with the design team and the COUNTY'S project
manager, collecting available data and documentation, including:
A. zoning, utilities, floodplain, as-builts, adjacent site plans/ approvals.
B. Bldg type, special requirements, building codes, life safety issues.
C. Owner needs / evaluation
D. Energy conservation / sustainability: evaluation of IRC objectives
E. Preliminary discussion with authorities responsible for adjacent sites that are being
impacted by storm water design and shared access or parking.
.02 The CONSULTANT shall implement a space allocation and building design program. The
program is designed to optimize space and efficiency and comfort for the user. The
program committee will be chaired by the CONSULTANT, and will include
representatives of INDIAN RIVER COUNTY and key sub -contracted consultants. The
program implementation will include researching the project type, establishing goals and
objectives, gathering relevant information, identify strategies, determine quantitative
requirements, and summarizing the program.
.03 The CONSULTANT shall prepare schematic level drawings, based on the programming
efforts. Drawings shall include:
A. Schematic level floor plans and elevations
B. Conceptual site plan
C. Preliminary stormwater modeling
.04 The CONSULTANT shall prepare a schedule of development, including timeframes for
design, permitting, bidding, construction, and contract close-out.
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.05 The CONSULTANT shall prepare submittals for and attend applicable pre -application
conference(s) with IRC, COVB, SJR, IRFWCD, IRCDUS, FPL, EMS, and Bldg dept..
.06 The CONSULTANT shall prepare detailed site development evaluations, including:
A. Survey — boundary, tree. topo
B. Geotechnical Engineering — evaluation for Drainage, pavement and foundation
design.
.07 The CONSULTANT shall engage a Designated Professional (LEED AP) and a
designated Commissioning Agent (Professional engineer; mechanical or electrical) to
assist and coordinate the preliminary design team efforts towards FGBC certification,
which shall include:
A. Develop owners performance requirements, goals and objectives for energy, water
and I EQ.
B. Prepare an outline of the requirements and identify which FGBC Green Commercial
Building Designated Standard credit points are consistent with the goals and objectives.
C. Target the credit points which are consistent with the goals and objectives, and
identify which additional points should be pursued (Targeted) in order to achieve
certification.
D. Develop a preliminary Commissioning Plan.
.08 The CONSULTANT will prepare a Preliminary Cost Estimate, based on the schematic
plans and programming requirements.
2.0 PHASE 2 — PRELIMINARY DESIGN DOCUMENTS PHASE:
.01 CONSULTANT shall prepare Preliminary Design Documents consisting of design
development drawings, outline specifications and other documents sufficient to establish
the size, quality and character of the site development, including the civil engineering,
architectural, structural, mechanical and electrical systems, and other such elements of
the project as may be appropriate. Drawings shall be a refinement of the schematic
drawings, and shall further define the project scope, relationships, forms, size and
appearance. Drawings and specifications shall include:
A. Bldg: Plans, sections, elevations, typ. Construction details, equipment lay -out.
B. Site: Preliminary Site Plan - bldg. location(s), paving and drainage, stormwater
system(s), utility locations, typical construction details.
C. Specifications: identify major materials and systems and quality levels for both bldg.
and site.
.02 The CONSULTANT shall prepare a Concurrency Application and supporting
documentation and evaluation of Public infrastructure impacted by the development,
including:
A. Traffic Impact Statement or Analysis as required by IRC Traffic Engineering (Not
required).
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B. Stormwater management calculations and hydraulic and hydrological modeling of
the on-site drainage basin(s) and adjacent off-site drainage basins impacted by the
development.
.03 The CONSULTANT shall prepare an updated detailed site and building construction plan
cost estimate, based on the preliminary Design Documents, and reconcile design with
project budget.
3.0 PHASE 3 - FINAL DESIGN AND PERMITTING PHASE
.01 The CONSULTANT will perform all necessary surveying, civil engineering,
architectural, mechanical and electrical engineering and structural design, and incidental
work for the site and Buildings. Based on the preliminary design development
documents, final construction plans and technical specifications shall be prepared,
establishing in detail the material and systems required for the project, including the
incorporation of Sustainable building and site design principles and systems.
.02 The CONSULTANT shall Design and prepare a complete set of construction plans for the
building suitable for obtaining COVB Site Plan Approval, Building Permits, and Health
Department permits, and other permits required for the work. The design shall be in
accordance with the 2014 Florida Building Code and current Life Safety Code. These
plans shall include:
A. Architectural
B. Structural
C. Mechanical
D. Electrical
E. Interior design / finishes / furnishings & furniture selection
F. Equipment and Machinery evaluation and general specification
G. Fire protection systems
H. Security systems
I. Information technology systems
1. Security requirements and coordination
2. Voice and data systems
J. Energy Code Calculations/ modeling per F.B.C..
.03 The CONSULTANT shall design and prepare a complete set of site construction plans
for obtaining COVB Site Plan Approval, building permits, and other site development
jurisdictional agency permits. These plans shall include:
A. Site Plan
B. Landscape / Irrigation design — "Florida Friendly" design
C. Site Electrical / site lighting
D. Clearing, Earthwork, drainage and paving
E. Utilities, including watermain extension on 16th Street from Old Dixie Hwy.
F. ROW / Traffic improvements (off-site)
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1. Driveway(s), sidewalks, turn lane(s) at site frontage
2. Other off-site improvements (westbound left turn lane on 16th Street into site)
.04 The CONSULTANT shall prepare complete civil site development drawings for the
construction of water and sewer, electric, phone, data and storm water management
system requirements. All coordination with utility providers, design, relocation or
routing, and scheduling shall be by the CONSULTANT.
.05 The CONSULTANT shall provide Landscape and Irrigation Designs conforming to local
ordinances and coordinate all underground chases, routes and clearances below walks and
drives.
.06 The CONSULTANT shall design and prepare documentation, analysis, modeling,
construction plan details and specifications for the building systems and site work to
comply with the Florida Green Building Coalition, Inc. standards for Green
Commercial Buildings, and submit application to receive certification as a "Florida
Green Commercial Building". This work shall include:
A. Preparation of documentation for each achieved credit point by the appropriate
design team consultant. (civil engineer, architect, mechanical, electrical, structural
engineers, landscape designer, irrigation designer).
B. Compilation of documentation and preparation and submittal of the application to
the FGBC by the designated Professional (a LEED Accredited Professional.)
C. Preparation and Implementation of a Commissioning Plan by a designated
Commissioning Agent (a Professional Engineer in the Mechanical or Electrical
Engineering discipline.)
.07 Prepare Construction Documents. Prepare Technical written specifications in the standard
16 Division format — for building and site work components.
.08 Construction Cost Estimate(s): Based on 90% complete plans, prepare a detailed site and
building construction plan cost estimate.
.09 Permits: The CONSULTANT will prepare permit applications for all government agencies
with jurisdiction, including:
A. Site Development Permits: Prepare calculations, reports, sketches, and application
forms to accompany construction plans for required Federal, state and local site
development permits, including:
1.*COVB Site Plan (TRC, P&Z AND City Council)
2.**IRC Concurrency
3.**COVB ROW (Access for commercial, sidewalk, utility, drainage
connection)
4.*COVB Stormwater
5.*COVB Land Clearing and Tree removal
6.**COVB water and sewer utility
7.*SJRWMD ERP / Standard Stormwater (site)
8.*IRFWCD — development review, drainage connection
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9.**FDEP NOI — (SWPPP)
10.**FDEP — (General) Water system extension
1 1.**FDEP — (General) Sewer collection System
12.*ACOE — exemption determination
*Note: this is commenced at 30% to 60% complete construction drawings (preliminary
design documents).
**Note: this is commenced at 90% complete construction drawings (final design
documents), and completed prior to bidding, if possible.
B. Building permits: Assist contractor with the building permit review process. Provide
plans, specifications and supporting documentation. Prepare response to building
official review and necessary plan modifications. (note: This is completed after bidding
and construction contract award)
4.0 PHASE 4 - PRE -CONSTRUCTION PHASE
.01 In general, the CONSULTANT will assist the COUNTY with bid procurement
including assistance in the preparation of bidding and procurement documents and
information for a competitive public bid, or construction management at risk delivery
system. Services may include:
A. Description of time, place and conditions of bidding and construction.
B. Bidding and Proposal forms
C. Form of Agreement — between owner and contractor; or owner and construction
manager.
D. Conditions of the Contract — standard, supplementary, and other special conditions.
.02 The CONSULTANT will assist the COUNTY with Construction Procurement services,
including:
A. Prepare and provide bid sets for competitive bidding; or for construction manager's use
in securing bids.
B. Coordinate and Attend Pre-bid meeting; or coordinate and attend meetings /
negotiations with the perspective construction manager and its sub -contractors.
Respond to RFI's sent by bidders, and prepare Addendums / plan modifications, if
necessary.
D. Bid validation.
C. Prepare Notice of Award and assist IRC in finalizing construction contract.
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5.0 PHASE 5 - CONSTRUCTION PHASE:
.01 The CONSULTANT shall assist the COUNTY with the Contract Administration and
Inspections, including: attend progress meetings, review shop drawings and contractors
submittals, and provide routine site inspections to verify the work is proceeding in
accordance with the plans and specifications for the purposes of certification upon
completion of the work. Inspections shall be documented with written reports and digital
photographs. The CONSULTANT will coordinate the responsibility for document review,
meeting attendance, and inspections with civil engineer, architect and other consultants. The
construction period is estimated to be six (6) to eight (8) months, and CA and inspection
fees have been estimated by the CONSULTANT based on this time frame, and the tasks and
frequency of services listed below. Anticipated tasks / services include:
A. Site:
1. Coordinate and attend pre -construction meetings. (2)
2. Attend progress meetings with contractor (1 / wk)
3. Review shop drawings (All)
4. Review contractors pay requests (1 / month)
5. Periodic inspections of the site work (3+-/ week)
6. Substantial completion inspection / punch list (1)
7. Review as-builts for adequacy and completeness (1)
8. Final inspection / final completion determination (1)
9. Prepare final certification submittals for site permits
B. Building:
1. Coordinate and attend pre -construction meetings. (2)
2. Attend progress meeting with contractor (1 / wk)
3. Review shop drawings (All)
4. Review contractors pay requests (1 / month)
5. Periodic inspections of the bldg construction (1 +-/ wk)
6. Inspection prior to all concrete pours
7. Inspections from Structural and M.E.P. consultants — as needed
8. Substantial completion inspection / punch list (1)
9. Final inspection / final completion determination (1)
C. Changes to Work: Oversee changes to work, field directives, minor plan
changes, administer construction change orders.
.02 The CONSULTANT shall provide the services of a Commissioning Agent to verify the
installation of the Building energy systems, validate that the systems are calibrated and
perform according to the "Basis of Design" and Construction Documents, and review the
"Operations and Maintenance Manual" (provided by the contractor), and prepare a final
Commissioning Plan and report, and submit certification to FGBC that the building systems
have been installed, and are calibrated.
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SECTION V - TIME FOR COMPLETION
A. The time for completion of each project phase is estimated to be as follows:
1. Agreement between the CONSULTANT and the COUNTY _ April 2015
2. Consultant Development, Programming / Schematic design Phase: June 2015
3. Preliminary Design Development Phase: July 2015
4. Final Design and Permitting Phase: October 2015
5. Pre -Construction Phase: January 2016
6. Construction Phase: February 2016
7. Occupy Facility: _ September 2016
B. Commencement dates shall be established in a "Notice to Proceed" from the COUNTY
for each phase.
SECTION VI — COMPENSATION
A. Compensation: The COUNTY agrees to pay and the CONSULTANT agrees to accept for
services rendered pursuant to this Agreement, fees in accordance with the following:
1. Design Services Fees: For the CONSULTANT'S services, compensation shall be as
follows:
- Site and Building — Design / Permitting / Estimates: Lump Sum (L.S.) $ 82,420.00
- Bidding/ Contract procurement / CA and Inspections (L.S.) $ 34,400.00
- FGBC Green sustainable design, certification and commissioning: (L.S.) $ 23,750.00
TOTAL $140,570.00
2. Reimbursable Expenses: Reimbursable expenses are estimated to be $18,980.00 and
include prints, copies, mail, Fed -Ex, application fees, etc. shall be paid by the
CONSULTANT, and then reimbursed by the COUNTY; or paid direct by the COUNTY.
Reimbursable expenses will be invoiced based on costs as defined in the schedule below.
Refer to the attached "Opinion of Probable Cost" for an estimate of anticipated
Reimbursable Expenses.
Schedule
Prints - $2.00/sheet
Xerox Copies - $0.15/page
Other Reimbursables —at cost
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The fees, reimbursable costs, estimated construction costs, and other costs are outlined in
the attached "Opinion of Probable Cost".
B. Payment Schedule
1. The COUNTY shall make monthly partial payments to the CONSULTANT. Payments
shall be in proportion to the percentage of work completed for each Phase of work
provided, and payments shall also include all reimbursable costs for the billing period.
Retainage may be withheld in accordance with "Section IX —Partial Payments".
2. The value of each Phase of the CONSULTANTS work and product deliverables (not
including reimbursables) shall be in accordance with the following schedule:
1.0 Phase 1 - Consultant Dev., Programming/Schematic design (20%):
2.0 Phase 2 - Preliminary Design Development (22.5%):
3.0 Phase 3 - Final Design and Permitting (33.0%):
4.0 Phase 4 - Pre -Construction (7.5%):
5.0 Phase 5 - Construction (17%):
TOTAL
3. Reimbursable cost will be in addition to the value of work listed above.
4. The payments shall be due within 30 days of the date of the invoice.
C. Additional Services Fee:
$ 28,1 14.00
$ 31,628.25
$ 46,388.10
$ 10,542.75
$ 23,896.90
$140,570.00
The COUNTY agrees to pay for additional services that are outside or beyond the scope
of services identified above in accordance with the approved hourly rate schedule. (Copy
of 2014 Rate Schedule is attached). See "Section VII — Additional Work" and "Section
VIII — Extra Work". In the event additional services are provided beyond the time of
completion outlined above, the rate schedule shall be subject to reasonable increase in
accordance with the Consumer Price Index.
SECTION VII - ADDITIONAL WORK
A. In the event changes are requested by the COUNTY to the contract plans after said plans
have been approved and accepted by the COUNTY and upon the issuance of an
amendment to this Contract for said additional work by the COUNTY, said additional work
may commence upon receipt of a Notice to Proceed.
B. Compensation for Additional Work shall be at a price to be negotiated between the
CONSULTANT and the COUNTY, based on the CONSULTANT'S approved hourly rate
schedule (copy attached).
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SECTION VIII - EXTRA WORK
A. In the event extra work is necessary by the CONSULTANT due to a change in scope of the
project, and upon the issuance of an amendment to this Contract for said Extra Work by the
COUNTY, said Extra Work may commence upon receipt of a Notice to Proceed.
B. Compensation for Extra Work shall be at a price to be negotiated between the
CONSULTANT and the COUNTY, based on the CONSULTANT'S approved hourly rate
schedule (copy attached).
SECTION IX - PARTIAL PAYMENTS
A. The COUNTY shall make monthly partial payments to the CONSULTANT.
B. The CONSULTANT shall submit duly certified invoices to the COUNTY'S project
manager.
C. A 10% retainage will be withheld by the COUNTY until receipt of final design documents
(Retainage for work completed in Phases 1, 2, or 3). The CONSULTANT can apply for all
retainage held to date after the final design documents have been accepted by the COUNTY.
A retainage of 10% will apply to services provided in the remaining Bidding and
Negotiations and Construction Administration services (Phases 4, 5) until satisfactory
completion of the CONSULTANT'S portion of the project.
SECTION X - RIGHT OF DECISIONS
A. All services shall be performed by the CONSULTANT to the satisfaction of the
COUNTY'S project manager, who shall decide all questions, difficulties, and disputes of
whatever nature which may arise under or by reason of this Agreement and according to
the prosecution and fulfillment of the service hereunder, and the character, quality,
amount and value thereof, and the project managers decision upon all claims questions
and disputes shall be final conclusive and binding upon the parties hereto unless such
determination is clearly arbitrary or unreasonable.
B. Adjustments of compensation and contract time because of any major changes in the
work that might become necessary or be deemed desirable as the work progresses shall
be reviewed by the COUNTY'S project manager. In the event that the CONSULTANT
does not concur in the judgment of the COUNTY'S project manager as to any decisions
made by him, he shall present his written objections to the County Administrator; and the
COUNTY'S project manager and the CONSULTANT shall abide by the decision of the
County Administrator of Indian River County, unless the decision is clearly arbitrary or
unreasonable. The CONSULTANT may appeal the decision to the Board of County
Commissioners.
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SECTION XI - OWNERSHIP AND REUSE OF DOCUMENTS
A. Ownership
All reports, tracings, plans, specifications, contract documents, and other data developed
by the CONSULTANT for the purpose of this Agreement shall become the property of
the COUNTY and shall be made available by the CONSULTANT at any time upon
request of the COUNTY. When all work contemplated under this Agreement is complete,
all of the above data shall be delivered to the Director of the Public Works Department.
B. Reuse of Documents
All documents, including but not limited to drawings and specifications, prepared by the
CONSULTANT pursuant to this Agreement are related exclusively to the services
described herein. They are not intended or represented to be suitable for reuse by the
COUNTY or others on extensions of this project or on any other project. Any such
utilization or adaptation will entitle the CONSULTANT to further compensation at rates
to be agreed upon by the COUNTY and the CONSULTANT. The CONSULTANT shall
not be held liable for any reuse of the documents and shall not be held liable for any
modifications made to the documents by others.
SECTION XII - NOTICES
Any notices, reports or other written communications from the CONSULTANT to the COUNTY
shall be considered delivered when posted by certified mail or delivered in person to the
COUNTY'S project manger. Any notices, reports or other communications from the COUNTY
to the CONSULTANT shall be considered delivered when posted by certified mail to the
CONSULTANT at the last address left on file with the COUNTY or delivered in person to said
CONSULTANT or his authorized representative. Such in person deliveries shall be evidenced by
signed receipts.
SECTION XIII - TERMINATION
The obligation to provide further services under this Agreement may be terminated by either
party upon thirty (30) days written notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of the terminating party or if the
COUNTY determines it not in the public interest to continue this Agreement. In the event of any
terminations, the CONSULTANT will be paid for all services rendered to the date of
termination, all expenses subject to reimbursement hereunder, and other reasonable expenses
incurred by the CONSULTANT as a result of such termination. The CONSULTANT will
deliver to the COUNTY all work performed prior to termination of the Agreement.
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SECTION XIV - AUDITS
The COUNTY reserves the right to audit the records of the CONSULTANT related to this
Agreement at any time during the execution of the work included herein and for a period of one
year after final payment is made.
SECTION XV - SUBLETTING
The CONSULTANT shall not sublet, assign, or transfer any work under this Agreement without
the written consent of the COUNTY. When applicable and upon receipt of such consent in
writing, the CONSULTANT shall cause the names of the architectural firm or engineering firms,
responsible for the major portions of each separate specialty of the work to be inserted on reports
or other data.
It is anticipated that the CONSULTANT shall sub -contract the following portions of the work:
- Contract Administrator:
-Civil Engineering:
-Surveying:
- Geotechnical Engineering:
- Traffic Engineering:
- Architecture:
- Structural engineer:
- Mechanical and Electrical Engineers:
-Landscape designers:
-Irrigation designers:
- LEED AP Designated coordinator
-Commissioning Agent:
SECTION XVI - WARRANTY
CONSULTANT — Schulke, Bittle & Stoddard, LLC
CONSULTANT— Schulke, Bittle & Stoddard, LLC
Houston, Schulke, Bittle & Stoddard, LLC dba
Meridian Land Surveyors
KSM Engineering and Testing, INC
N/A
Caribeno Architectural Group, INC
CONSULTANT — Schulke, Bittle & Stoddard, LLC
Construction Engineering Group, INC
CONSULTANT— Schulke, Bittle & Stoddard, LLC
CONSULTANT— Schulke, Bittle & Stoddard, LLC
CONSULTANT— Schulke, Bittle & Stoddard, LLC
Construction Engineering Group, INC
The CONSULTANT warrants that he has not employed or retained any company or person other
than bona fide employees working solely for the CONSULTANT to solicit or secure this
contract and that he has not paid or agreed to pay any company or person other than a bona fide
employee working solely for the DESIGNER any fee, commission, percentage fee, gifts or any
other considerations, contingent upon or resulting from the award or making of this contract. For
breach violation of this warranty, the COUNTY shall have the right to annul this contract
without liability.
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SECTION XVTT - DURATION OF CONTRACT
This Agreement shall remain in full force and effect for a period of two (2) years after the date of
execution thereof or until completion of all project phases as specified by the COUNTY'S
project manager, whichever occurs first, or unless otherwise terminated pursuant to Section XIII
of this contract.
SECTION XVIII - INSURANCE AND INDEMNIFICATION
During the performance of the work covered by this Agreement, the CONSULTANT shall
provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the
insurance listed in the Agreement.
A. CONSULTANT shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the CONSULTANT, his
agents, representatives, employees or sub -contractors. The cost of such insurance shall be
included in the CONSULTANT'S Basic Compensation. Architects and Engineers under
subcontract with the CONSULTANT shall have their own Professional Liability
Insurance.
B. Minimum Scope of Insurance
1. Worker's Compensation as required by the State of Florida. Employers Liability
of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease
each employee.
2. General Liability $1,000,000 combined single limit per accident for bodily injury
and property damage. COUNTY shall be an additional insured. Auto Liability
$1,000,000 combined single limit per accident for bodily injury and property
damage for owned and non -owned vehicles. COUNTY shall be an additional
insured.
3. Auto Liability $1,000,000 combined single limit per accident for bodily injury
and property damage for owned and non -owned vehicles. COUNTY shall be an
additional insured.
4. Professional Liability Insurance providing coverage for negligent acts, errors, or
omissions committed or alleged to have been committed by CONSULTANT with
a limit of $500,000 per claim/annual aggregate. There shall be no more than
$15,000 deductible per claim amount unless the CONSULTANT provides a
Certified Copy of a financial report which has been approved by the County Risk
Manager. This insurance shall extend coverage to loss of interest, earning, profit,
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94
use and business interruption, cost of replacement power, and other special,
indirect and consequential damages.
C. Any deductibles or self insured retentions greater than $15,000 must be approved by the
Risk Manager for Indian River County with the ultimate responsibility for same going to
the CONSULTANT.
D. CONSULTANT'S insurance coverage shall be primary.
E. All above insurance policies shall be placed with insurers with a Best's rating of no less
that A. The insurer chosen shall also be licensed to do business in Florida.
F. The insurance policies procured shall be "Claims Made" policies or as generally available
on the open insurance market.
G. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to
the Indian River County Risk Management Department prior to the execution of this Contract.
I-1. The insurance companies selected shall send written verification to the Indian River
County Risk Management Department that they will provide 30 days written notice to the Indian
River County Department of Risk Management of its intent to cancel or terminate said policies
of insurance.
I. CONSULTANT shall include all sub -contractors as insured under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
J. CONSULTANT hereby agrees to indemnify Indian River County and Representatives
thereof from all claims arising solely from negligent acts, errors or omissions of the
CONSULTANT or CONSULTANT'S REPRESENTATIVES in the performance of Professional
Services under this agreement and for which CONSULTANT is legally liable.
SECTION XIX - ENTIRETY OF CONTRACT
A. This writing embodies the entire Agreement and understanding between the parties
hereto, and there are no other agreements and understandings, oral or written, with reference to
the subject matter hereof that are not merged herein and superseded hereby.
B. No alteration, change, or modification of the terms of this Agreement shall be valid unless
made in writing and signed by both parties hereto.
C. This Agreement, regardless' of where executed, shall be governed by and construed in
accordance with the laws of the State of Florida.
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IN WITNESS WHEREOF the parties hereto have executed these presents this of
, 2015.
OWNER CONSULTANT.MPA YNAME
BOARD OF COUNTY COMMSIONERS SCHULKE, BI ' LE N 1 STODDARD, LLC
INDIAN RIVER COUNTY, FLORIDA
Wesley S. Davis, Chairman
Approved by BCC:
ATTEST:
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
(Deputy Clerk)
Ap.ro -d .s to For
)dan Reingold, County Attorney
A roved:
ficiency:
fsePh A ':aird, County Administrator
Joseph ' . Schulk, M naging Member
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Witnessed by:
(Printed name)
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OPINION OF PROBABLE COST
I. BUILDING COSTS
A. Enclosed Building cost ** 1,000 SF @ $182.50/SF
B. Open/Covered Bldg. cost** 1,800 SF @ $87.50/SF
C. Covered Walkway! ** -SF @ $38.OWSF
D. Furniture and Equipment cost** 2,800 SF@ $10.00/SF
Sub -Total
II. SITE CONSTRUCTION COSTS
A. Total Cost (see separate spread sheet)
III. CONTINGENCY
A. 5% of building and site construction cost
III. PROFESSIONAL FEES
B. Engineering / Architecture — design and permitting
C. Cost estimating / Contract Admin./ Inspections / Procurement
D. FGBC Certification / Commissioning
Sub -Total
IV. ESTIMATE OF OTHER EXPENSES
A. Reimbursable costs (prints, copies, mail, fed ex, etc.)*
B. Site Development permit app. fees (see attached schedule)*
C. FGBC Certification Application Fee*
D. Building department permit application / review fees**
Sub -Total
V. OTHER COSTS
$182,500.00
$157,500.00
$171,800.00(Removed)
$ 28,000.00
$ 368,000.00
$566,711.75
$46,735.59
$ 82,420.00
$ 34,400.00
$ 23,750.00
$140,570.00
$ 7,700.00
$ 5,880.00
$ 1,400.00
$ 4,000.00 (Estimate)
$ 18,980.00
A. Water & Sewer Impact Fees and Connection Fees** $ 8,478.00
B. COVB Electric Impact/Connection Fees** $ 4,777.50
C. IRC Impact & SR60 Fair Share Interest Fee** $ 0.00
D. FTA Admin. Fee** $ 25,000.00
E. IRC Admin. Fees** TBD
Sub -Total $ 38,255.50
Grand Total
** - ESTIMATED, COSTS TO BE PAID DIRECTLY BY IRC
* - ESTIMATED. ACTUAL COSTS TO BE PAID BY CONSULTANT
AND REIMBURSED BY IRC.
TBD: To be determined by others or at a later date when information is available.
$1,179,252.84
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INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Assistant County Administrator /
Department of General Services
To: The Honorable Board of County Commissioners
Thru: Joseph A. Baird, County Administrator
Thru: Michael C. Zito, Assistant County Administrator
From: Michael Redstone, Recreation Manager
CENSFNT
Date: April 1, 2015
Subject: Request for Use of Holman Stadium for Annual Sawbones vs. Jawbones Event
to be held May 30, 2015
DESCRIPTION AND CONDITIONS:
The Indian River County Bar Association, Inc. ("User Group") has requested use of Holman
Stadium at the Historic Dodgertown for a fundraising / charity event. The Indian River County Bar
Association, Inc. is a 501(c) (6) non-profit organization conducting the event for the benefit of the
United Way which is a 501 (c) (3) organization. The planned event is "Sawbones vs. Jawbones", a
co-ed softball game between local doctors and attorneys. The event is scheduled for May 30th,
2015, at Holman Stadium. VeroTown, LLC has reviewed this request and has confirmed stadium
availability as of this date.
Section 6.04 of the Facility Use Agreement between the County and VeroTown, LLC allows the
County use of the facility for up to ten days annually, exclusive of the "Harvest Festival". Any
expenses associated with the use will be the responsibility of the User Group. No County funds or
staff time will be utilized for the event. The group will also provide a $1,000,000 liability policy
naming Indian River County and VeroTown, LLC as additional insured. The User Group has
requested waiver and deletion of the standard $10,000 security deposit required under Section G of
the Stadium Use Agreement based upon the fact that their proceeds will benefit numerous local
charities. The User Group will employ Historic Dodgertown to conduct beer and wine sales at the
event in accordance with state and local law. Historic Dodgertown and the User Group will be
responsible for all required permits and liquor liability insurance, and to arrange for any additional
security necessary to responsibly conduct beer and wine sales at the event.
A copy of the "Indian River County Holman Stadium Use Agreement" between the County and the
User Group for the Board's review and approval is attached.
FUNDING:
No funding is required under this Agreement.
C:\Users\jkrebs\Desktop\BCC Agenda Memorandum Jaw Saw 2015 - Zito.doc
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RECOMMENDATION:
Staff recommends that the Board approve the User Group's request for waiver of the standard
security deposit. Staff further recommends approval of the attached Agreement and authorization
for the Chairman to sign upon receipt of the fully executed original Agreement including proof of
liability insurance
ATTACHMENTS:
Letter of Request from "Indian River County Bar Association, Inc."
Indian River County Holman Stadium Use Agreement
Section 6.04 of Agreement between IRC and VeroTown, LLC
DISTRIBUTION:
Craig Callan, Historic Dodgertown
Approved Agenda Item
BY:
FOR:
?o p A. Baird
County Administrator
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Indian River County
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Jill Krebs
From: Bill Debraal
Sent: Tuesday, March 31, 2015 2:52 PM
To: Jill Krebs
Cc: Mike Redstone; Michael Zito; Bill Gallagher; bguttridge@hotmail.com; Sheila Votzi;
'ccallan@historicdodgertown.com'
Subject: RE: Holman Stadium Use
Attachments: doc04066220150331134559.pdf
The Indian River County Bar Association requests the use of Holman Stadium at Historic Dodgertown for the annual
Sawbones vs. Jawbones softball game. The doctors vs. lawyers softball game will take place on May 30, 2015. Warm up
will begin at 9 am with the game starting at 10 pm. All proceeds will benefit the United Way of Indian River
County. Admission will be a donation of $5.00 per person. We anticipate an attendance of 1,000. We have no
established rain date. If Historic Dodgertown would like to sell concessions during the game, that would be appreciated.
Once again, TD Bank will be sponsoring the softball game this year on behalf of the Bar Association. Other sponsors may
wish to display banners or signs at the game. They will be removed at the conclusion of the game.
The contact person will be:
Indian River County Bar Association
c/o Bobby Guttridge, Esq.
1601 20th Street
Vero Beach, Florida 32960
Telephone: (772) 978-0240
Facsimile: (772) 778-4947
bguttridge@hotmail.com
The IRC Bar Association is a not-for-profit corporation and the list of officers and directors is attached to this email. As
such, we would request waiver of the $10,000 security deposit. An insurance certificate listing the additional insured of
Indian River County, TD Bank and Verotown, LLC has been ordered and will be forwarded to you upon receipt.
We anticipate the game will be done by noon, thus no noise permit extension is needed. In past years no problem with
traffic has been encountered so no law enforcement detail is requested.
Should you need additional information, please advise.
Thank you for your help with this matter.
Bill DeBraal
Deputy County Attorney
(772) 226-1426
From: Jill Krebs
Sent: Tuesday, March 31, 2015 10:01 AM
To: Bill Debraal
Cc: Mike Redstone; Michael Zito
Subject: Holman Stadium Use
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Indian River County Holman Stadium Use Agreement
This Holman Stadium Use Agreement ("Agreement") is made this day of
, 2015, by and between Indian River County Board of County
Commissioners, a political subdivision of the State of Florida ("County") and Indian River
County Bar Association, Inc., a Florida not-for-profit corporation, 1601 20th Street, Vero
Beach, Florida 32960 ("User Group").
BACKGROUND RECITALS
A. The User Group has requested the use of Holman Stadium facilities (collectively
referenced as "Stadium") under the terms and conditions set forth in the Indian
River County Holman Stadium Use Guidelines, attached to this Agreement as
Exhibit 1 and incorporated herein in its entirety by this reference and under the
terms and conditions set forth in this Agreement.
B. The County will allow the User Group to use the Stadium under the terms and
conditions set forth in Exhibit 1 and under the terms and conditions set forth in this
Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and intending to be legally bound, the parties agree as
follows:
1. PERIOD OF USE. This Agreement shall be in force May 30th, 2015. The terms
and duration of this Agreement include all setup and clean up time.
2. NUMBER OF PARTICIPANTS EXPECTED. User Group estimates that the
number of participants expected at the event will be between 1,000 up to seating capacity
of 6,500.
3. DESCRIPTION OF EVENT. User Group states that the following is an accurate
description of the event: A Charity Co -Ed Softball Game between Local Doctors and
Attorneys.
4. INSURANCE. The minimum dollar amounts and types of insurance coverage's
required are set forth in Exhibit 2 attached hereto and incorporated herein in its entirety
by this reference.
5. FEES. The User Group agrees to pay all Stadium use charges as set forth in
Exhibit I, including, without limitation, the charges set forth in paragraphs C, D, F, G, H,
and I. In the event that the User Group elects to use the services of Verotown, LLC for
parking attendants, ticket takers, security personnel, clean-up crews, or concession
operations, the User Group acknowledges and agrees that the County shall cause
Verotown, LLC: (i) to provide a written invoice for such services to the User, together with
a courtesy copy to the County within ten (10) business days after the conclusion of the
event; and (ii) to remit the net funds, if any, to the User Group. In addition, all costs for
utilities and any other costs incurred by Verotown, LLC in connection with the User
Group's use of the Stadium shall be set forth on the foregoing written invoice, and such
costs shall also be deducted from the net funds, if any, and remitted to the User Group.
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Upon the County's receipt of the notice of invoice payments from Verotown, LLC, the
security deposit shall be returned to the User Group; provided, however, that in the event
the costs invoiced by Verotown, LLC exceed the funds available, the County shall have
the right to use the security deposit for such costs. In addition, the User Group agrees to
be solely responsible to pay any and all additional charges required for the staging of the
event. Verotown, LLC reserves the right to modify the foregoing process to accommodate
any arrangement made directly with the User Group to provide concessionaire services
for the event.
6. INDEMNIFICATION AND WAIVER OF CLAIMS. The User Group assumes all
risks and agrees to indemnify fully and save and hold harmless the County, its
commissioners, officers, employees, and agents (hereinafter individually and collectively
referenced as "Indemnified County Parties"), and Verotown, LLC, their respective
owners, shareholders, officers, employees, representatives, agents, heirs, successors,
and assigns (hereinafter individually and collectively referenced as "Indemnified
Verotown, LLC Parties") against all claims, losses, damages, judgments, liabilities,
accidents or injuries to person(s) or property, and causes of action, including reasonable
attorney's fees and court costs, arising out of, or caused directly or indirectly, by the
conduct, acts, omissions, negligence, or willful misconduct of any participant in the event,
the User Group, its visitors, agents, and employees. The Indemnified County Parties,
and the Indemnified Verotown, LLC Parties shall not be liable for damages to, or loss of,
personal property sustained by the participants in the event, the User Group, its visitors,
agents, employees, or any person claiming by or through the User Group or any of the
foregoing, resulting from any fire, accident, occurrence, theft, or condition in or upon the
Stadium, provided such are not due to the sole negligence or willful misconduct of the
Indemnified County Parties or the Indemnified Verotown, LLC Parties. This
indemnification paragraph shall survive the expiration or sooner termination of this
Agreement.
7. CANCELLATION. This Agreement is subject to cancellation by either the User
Group or the County as set forth in Exhibit 1.
8. FACILITY UNAVAILABILITY DISCLAIMER. The County assumes no
responsibility for circumstances that may require the closing of the Stadium facility due to
conditions that would render it unfit for public usage due to inclement weather, state health
department or other regulatory agencies requirements. In the event of such occurrence it
is the responsibility of the User Group to obtain alternative facilities and the County shall
have no liability whatsoever to the User Group. The County and Verotown, LLC represent
that to the best of their knowledge and belief, that Verotown, LLC is now and will remain
in good standing with all State and local regulatory agencies having jurisdiction, if any to
regulate, license, and permit the activities contemplated by this Agreement.
9. GOVERNING LAW. The laws of the State of Florida shall govern this Agreement
and any and all legal action shall be instituted in Indian River County for all state court
matters and in the Southern District of Florida for all federal court matters.
10. ENTIRETY OF AGREEMENT. The Agreement incorporates and includes all prior
and contemporaneous negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the parties agree that
102
there are no commitments, agreements, or understandings of any nature whatsoever
concerning the subject matter of this Agreement that are not contained in this Agreement.
No supplement, modification, or amendment to this Agreement shall be binding unless
signed in writing by the County and the User Group.
11. SEVERABILITY. In the event that any of the provisions of this Agreement are
deemed unenforceable, the enforceability of the remaining provisions of this Agreement
shall not be affected.
12. ASSIGNMENT. User Group shall not grant, assign, or otherwise convey to anyone
any or all of its rights to use the Stadium hereunder without the prior written consent and
approval of the County and Verotown, LLC. The User Group shall use the Stadium only
in the manner contemplated in this Agreement.
13. THIRD PARTY BENEFICIARY. No person other than Verotown, LLC, the County,
the Indemnified County Parties, the Indemnified Verotown, LLC Parties, and the User
Group, and the successors of the User Group shall have any rights whatsoever under this
Agreement.
14. BACKGROUND RECITALS. The Background Recitals are true and correct and
form a material part of this Agreement.
15. DEFAULT. County shall have the right to terminate this Agreement and/or deny
User Group use of the stadium if User Group defaults in the performance of any obligation
hereunder, provided that in the event of such default, the County shall give the User
Group notice of such default and twelve (12) hours to cure the default or a lesser time if
appropriate to the default on the day of the event.
16. NOTICES. Any notices or other written communications from the User Group to
the County shall be delivered by fax, overnight mail, hand delivery, or first class mail to
the County Recreation Manager. Any notices or other communications from the County
to the User Group shall be delivered by fax, overnight mail, hand delivery, or first class
mail to the User Group Executive Director. The names and address to be contacted are
as follows:
As to the County:
Indian River County Board of County Commissioners
Attn: Michael C. Zito, Assistant County Administrator
1801 27th Street, Vero Beach, FL 32960-3398
As to the User Group:
Indian River County Bar Association, Inc.
c/o Bobby Guttridge, Esq.
1601 20th Street
Vero Beach, FL 32960
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IN WITNESS WHEREOF, the County and the User Group have caused this Agreement
to be executed in their respective names as of the date set forth above.
USER GROUP:
INDIAN RIVER COUNTY
BAR ASSOCIATION, INC.
By: William K. DeBraal
Member, Board of Directors
INDIAN RIVER COUNTY, FLORIDA:
By: Wesley S. Davis, Chairman
BCC Approved:
Approved as to form a -legal sufficiency:
my Attorney
APPROVAL BY VEROTOWN, LLC, SOLELY AS TO THIRD PARTY BENEFICIARY
PROVISIONS
VEROTQWN, LLC
3
By: Craig B. ;gin, Vice President
Historic Oodc ertown
4
104
EXHIBIT 1
Indian River County Holman Stadium Use Guidelines
A. Eligibility:
Requesting user groups must be Not -for -Profit section 501(c)(3) corporations based
in Indian River County and serving Indian River County residents. Eligible user groups
are limited to one use per lease year, May 1 through April 30.
B. Use of Premises:
Use of the Holman Stadium facilities and/or the eight (8) baseball practice fields and
the one (1) half baseball practice field (collectively referenced as "Stadium") must be
lawful and consistent with the use of Indian River County public facilities. In addition,
use must be in compliance with section 6.04 of the Facility Lease Agreement dated
April 21, 2009, as amended, between Indian River County, a political subdivision of
the State of Florida, and Verotown, LLC, a Delaware limited liability company
("Verotown"), a copy of which section is attached hereto as Attachment 1 and
incorporated herein in its entirety by this reference. Requested use and dates must
not conflict with scheduled facility use by Verotown, Indian River County scheduled
events, or events sponsored by the Treasure Coast Sports Commission. User group
shall not exclude from participation in, deny the benefits of, or otherwise subject
anyone to discrimination in, the use or operation of the Stadium for the event on the
basis of age, sex, disability, race, color, national origin, religion, or ancestry.
C. Security:
Security will be provided by the Indian River County Sheriff's Office or the Vero Beach
Police Department and Verotown. The security provisions must have the prior written
approval of both Verotown and either the Indian River County Sheriff's Office or the
City of Vero Beach Police Department, as applicable. The user group shall be solely
responsible for all costs associated with security and shall contract directly or
reimburse Verotown for the cost of security personnel provided by the Indian River
County Sheriff's Office or the Vero Beach Police Department, as applicable, for event
security and traffic control.
D. Insurance:
Insurance requirements will be determined by the County's Risk Manager based on
the type of event, anticipated attendance, and any other criteria as established for the
determination of appropriate coverage. The County shall notify the user group during
the review process set forth in paragraph K2 of these Guidelines of the types and
amounts of required insurance coverage. Indian River County and Verotown must be
named as additional insureds in the policy or policies of insurance. A certificate or
certificates of insurance must be delivered to both the County's Risk Manager and
Verotown containing the types and amounts of the required coverage, and showing
the required additional insureds no later than ten (10) business days prior to the event
date. In addition, the agreement to be executed by the user group and the County
shall contain an indemnity from the user group to the County and Verotown for the
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105
costs of any damage or destruction to the Stadium or liabilities associated with
personal injury or death that occurs in connection with the use of the Stadium by the
user group.
E. Alcohol:
Unless specifically prohibited by the County, the sale and consumption of alcoholic
beverages shall be permitted during the event, subject to the following restrictions: (1)
such sale and consumption shall be in accordance with (i) any applicable
requirements of the City of Vero Beach relating to the sale, possession or consumption
of alcohol on public property, (ii) any requirements of the County determined
necessary or appropriate to protect the health, safety and welfare of the residents of
the County, and (iii) any other requirements of state or federal law, and (2) such sale
shall be conducted by, and under the license of, Verotown.
F. Facility Use Costs:
User group is responsible for any and all expenses associated with the use of the
Stadium, including costs imposed by Verotown for use, including, but not limited to,
parking attendants, ticket takers, security personnel, clean-up crews, concession
operations, and utilities, all as set forth in Attachment 1. Verotown may consent to
allow the User Group to procure the aforementioned services directly.
United States bank, irrevocable direct pay letter of credit, or surety bond issued by a
surety licensed to issue surety bonds in Florida and included in the most recent United
to the County. The County reserves the right to increase the amount of the required
additional amount of security deposit. The User Group shall deliver the security
• -- - 1,- ------- - ----- •
days prior to the event date and, if applicable, execute a cash escrow agreement
H. Facility Preparation and Cleanup:
Verotown is responsible for all costs associated with the Stadium cleanup. User
Group is responsible for field restoration as set forth in Attachment 1. Verotown must
approve cleanup and restoration. If the user group should fail to restore the Stadium
facility and grounds, Verotown will have the authority to initiate cleanup and
restoration, and any additional costs will be the sole responsibility of the user group,
as set forth in Attachment 1. The County reserves the right to deduct any such
additional costs from the security deposit.
106
I. Television Rights:
Any recording or taping of the event must have the prior written approval of both
Verotown and the County, which consent may be granted, denied, or conditioned by
either the County or Verotown at their sole respective discretion. Nothing contained
herein shall be deemed or construed to require approval by either the County or
Verotown of any recording or taping of the event.
J. Concessions:
Concession sales and operations must either be provided directly by Verotown LLC
or have the prior written consent of Verotown which consent may be granted, denied,
or conditioned by Verotown in its sole discretion. The user group will reimburse
Verotown for any concession service costs incurred by Verotown, as set forth in
Attachment 1.
K. Procedures:
1. A written request must be submitted by the user group's chief executive officer or
board of directors to the County Administrator or his designee at least ninety (90) days
in advance of the requested use date. The request must include the following:
requested date(s) of use, type of event, estimated attendance, purpose, proof of non-
profit status, and a listing of current board of directors and executive director. The
County will coordinate with Verotown to seek the written approval of the availability of
the date(s) from Verotown.
2. Review and approval shall include: County Administrator, Recreation Department,
Risk Management Department, Budget Department, County Attorney and Finance
Department, and the Indian River County Sheriff's Office or the Vero Beach Police
Department. Additional information may be requested during the review process,
including, without limitation, proposed budget and estimated expenses and revenues
for the event. It is the responsibility of the requesting user group to secure all
appropriate approvals.
3. After the County Administrator or designee review, the user group will be notified in
writing, within thirty (30) business days after the date the request was submitted, of
the status of the request; the amount of the required security deposit; the types and
amounts of required insurance coverages; and the date the request will be submitted
for County Commission consideration. The County Administrator or designee will
submit the request to the County Commission. The County Commission may
approve, approve with conditions or deny the request. The approval or disapproval is
at the sole discretion of the County Commission.
4. Execution of an agreement between the County and the user group with respect to
the use of the Stadium; submission of proof of ability to obtain the required insurance
coverages; delivery of security deposit, and, if applicable, execution of a cash escrow
agreement between the County and the user group; and delivery of certificates of
required insurance coverages.
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L. Fiscal Reports:
Fiscal Reports shall not be required to be submitted to the County, provided however,
that within thirty (30) business days of the event, the User Group shall provide to the
County proof of its status as a bone fide non-profit corporation under Section 501(c)(3)
of the Internal Revenue Code.
M. No County Funding:
County contribution is use of the Stadium on the date or dates requested by the user
group. No County funding of any nature whatsoever, cash or in-kind, will be provided.
N. Permits:
Any and all required permits and licenses and associated costs for use based on the
Indian River County Code of Ordinances, Health Department or any other regulatory
authorities are the sole responsibility of Verotown, LLC. Proof of permits must be
provided no later than thirty (30) calendar days prior to the requested use date to the
County Administrator or his designee. Failure to provide proof of required permits
authorizes the County to remedy the situation including up to termination of the
requested use. Any expenses incurred by the user group associated with the use of
the stadium facilities prior to the time of termination of the requested use pursuant to
this paragraph are the sole responsibility of the user group.
O. Cancellation of event
The County, in a declared emergency, may cancel the event at its sole discretion. If
the user group proposes to cancel the use after the County Commission has approved
the application and reserved the date(s), the user group must notify the County
Administrator or his designee and Verotown in writing as soon as possible prior to the
scheduled date of use.
P. Discretion
The County Administrator shall have discretion to waive any procedural, time period
or other such requirement of the Use Guidelines when he/she determines that such
waiver is in the best interests of the County.
Q. Remedies
Failure of the user group to comply with the terms of the agreement authorizes the
County to cancel the event up to the date of the scheduled event, and may prohibit
the use of the Stadium by the user group for future events at the sole discretion of the
County.
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ATTACHMENT 1
Section 6.04. The County's Use of Holman Stadium and the Practice Fields:
The County shall have the right to use Holman Stadium and/or the practice fields, for up
to ten (10) days per Lease Year, together with any use associated with the community's
annual "Harvest Festival" each year, at no charge to the County (other than reimbursing
Verotown, LLC for any operating expenses incurred by Verotown, LLC as a result of the
County's use of Holman Stadium and/or the practice fields). The dates during which the
County may use Holman Stadium and/or the practice fields shall be selected by mutual
agreement of the parties; provided that, if the parties cannot agree on the dates,
Verotown, LLC's reasonable selection of dates shall be final and controlling. Provided,
however, that Verotown, LLC will defer to the County and cooperate in scheduling and
making the Facility available for the community's annual "Harvest Festival." The County
may use Holman Stadium and/or the practice fields only for functions which do not
directly compete with revenue -generating events which have been otherwise arranged
by Verotown, LLC. Moreover, the County's use of Holman Stadium and/or the practice
fields must not interfere in any way with Verotown, LLC's use and quiet enjoyment of
the Facility. The County shall not use or authorize the use of Holman Stadium and/or
the practice fields in any manner which would have a material detrimental impact on
Holman Stadium and/or the practice fields, and the County shall be and remain solely
responsible for any damage or destruction to Holman Stadium and/or the practice fields
by the County or its assignee. The County, or its assignee, shall be entitled to retain the
revenues from ticket sales for its events, and concessions sold during the events when
Holman Stadium and/or the practice fields are utilized by the County; provided,
however, that although Verotown, LLC covenants to cooperate with the County in such
endeavors, Verotown, LLC shall not be required to provide concession management
services and/or any other related services during any County event. In all cases,
Verotown, LLC shall be reimbursed by the County for any operating costs and expenses
incurred by Verotown, LLC as a result of the County's use of Holman Stadium and/or
the practice fields, including, but not limited to, the cost of any parking attendants, ticket
takers, security personnel, clean-up crews, and the like provided by Verotown, LLC.
Prior to using Holman Stadium and/or the practice fields as provided herein, the County
shall cause Verotown, LLC to be named as an additional insured on the County's
general liability insurance policy and shall deliver to Verotown, LLC a certificate of
insurance which verifies the existence of the policy and the fact that Verotown, LLC is
named as an additional insured.
Lease Year means a twelve-month period commencing on May 1st of any calendar year
of the Term hereof and ending on April 30th of the following calendar year; provided,
however, that the first Lease Year shall commence as of the Effective Date and end on
the First April 30th following the Effective Date.
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EXHIBIT 2
INSURANCE REQUIREMENTS
Commercial General Liability with minimum combined single limit of $1,000,000 per occurrence
for bodily injury and property damage to include coverage for premises / operations, products /
completed operations, contractual liability and independent contractors. Workers'
compensation to meet statutory limits in compliance with the Workers' Compensation law of
Florida and Employer's Liability of $100,000 for each accident, $500,000 disease (policy limits)
and $100,000 disease (each employee). Business Auto Liability (if vehicles are involved) with
$1,000,000 combined single limit per occurrence coverage for bodily injury and property damage.
Indian River County is to be an additional insured for CGL and BAL. Verotown, LLC will also be
named as an additional insured on these policies.
110
Consent Agenda Item
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
gr
Date: April 6, 2015
To: Joseph A. Baird, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Through Jennifer Hyde, Purchasing Manager
Prepared By: Terry Southard, Operations Manager, Utility Services ( G -c61-114)-3
Subject: Request for purchase of Sodium Hypochlorite tanks for the Central & West
Regional Wastewater Facilities.
BACKGROUND/ ANALYSIS:
In 2005 as part of the Central Regional Wastewater plant expansion, three (3)-6,500 gallon HDLPE
Snyder Captor Containment Systems (tanks) were installed for sodium hypochlorite storage. Due
to the ongoing filling and draining of the tanks for normal operations, these tanks expand &
contract, are exposed to the elements, and are nearing the end of their useful service life. The
life span of these tanks average five (5) to seven (7) years.
In the FY 14-15 budget $100,000 was approved for storage tank replacement. Staff has received
three quotes for additional Snyder tanks for the Central Wastewater Treatment Facility. Three
companies submitted quotes, and Ryan Herco Flow Solutions was the lowest quote.
1. Ryan Herco Flow Solutions
2. Harrington Industrial Plastics LLC
3. Plastic Water Tanks Inc.
$ 63,100.94
$ 67,162.17
$ 68,739.77
Since pricing was so competitive staff requested three quotes for three (3) 5,500 gallon VST
HDLPE tanks located at the West Regional Wastewater Treatment Facility as well.
1. Ryan Herco Flow Solutions
2. TND Services Inc.
3. Ferguson
RECOMMENDATION:
$ 17,423.38
$ 18,400.00
$ 20,000.00
The staff of the Department of Utility Services recommends that the Board of County
Commissioners waive the requirement for bids and authorize the Purchasing Department to issue
a Purchase Order to Ryan Herco Flow Solutions for $80,524.32 for the purchase of three 6,500
gallon Snyder Captor tanks and three Snyder 5,500 gallon VST HDLPE tanks.
F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda-Chlorine Tanks Central Regional Wastewater Plant Page 1 of 2
March 2015 Cc Jh V4 Cmc.Doc
111
Sodium Hypochlorite Tanks
Page 2
FUNDING:
Funds for this project are derived from the Other Equipment budget in the operating fund.
Operating funds are generated from water and sewer sales.
Description
Account Number
Amount
Other Equipment
471-21836-066400
$80,524.32
Indian River Co.
Appr•ved
Date
Administration
j
Consent Agenda Item
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: March 30, 2015
To: Joseph A. Baird, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager
Terry Southard, Utility Operations Manager t r
Subject: Amendment No.1 to WO No. 8 —Engineering Services for a New Package Waste
Water Treatment Facility at the Blue Cypress Wastewater Treatment Plant UCP -
4107
DESCRIPTIONS AND CONDITIONS:
On October 21, 2014 the Indian River County Board of County Commissioners (BCC) approved Work
Order No. 8 to Masteller & Moler, Inc for engineering, specifications/bid documents, construction
observation and soils engineering to install a new package plant at the existing Blue Cypress
Wastewater Treatment Plant.
Work order No. 8, did not include a site plan approval by Indian River County as a permitting
requirement. Therefore, the original scope needed to be amended to include additional
engineering services required to fulfill the site plan permitting requirement.
ANALYSIS:
Per the CCNA procurement guidelines M&M submitted an amendment to Work Order No. 8 to
include engineering services needed to secure an Indian River County Community Development
"Site Plan" approval for the new replacement package plant.
Under the Continuing Contract Agreement for Professional Services with Masteller & Moler, Inc.,
which was approved by the Board on November 15th, 2011, M&M submitted Amendment No.1 to
WO No. 8 to perform the work outlined above. The total negotiated cost to include the
engineering services is a lump sum amount of $9,620.00. This added to the current contract
amount of $40,320.00 results in a new contract amount of $49,940.00.
FUNDING:
Funds for this project are derived from the Capital budget in the operating fund. Operating
funds are generated from water and sewer revenues.
113
Page 1 of 2
ACCOUNT NO.:
Description
Account Number
Amount
New Package Plant at Blue Cypress Lake
471-169000-14503
$9,620.00
RECOMMENDATION:
Staff recommends approval of the attached Amendment No.1 to Work Order No. 8 authorizing the
above-mentioned professional services, and requests the Board to authorize the Chairman to
execute the attached Amendment No.1 to Work Order No. 8 on their behalf for a sum amount of
$9,620.00 to Masteller & Moler, Inc.
ATTACHMENT(s):
1. Amendment No.1 to Work Order No. 8 Engineering Services for a Blue Cypress New
Replacement Package Wasterwater Treatment Facility with Masteller & Moler, Inc.,
including Exhibit 1.
APPROVED FOR AGENDA:
By: (�157 rm a 0 -if;
JJosepI A. Baird, County Administrator
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Date
Indian River Co.
Approved
Date
Administration
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F:\Utilities\UTILITY - Engineering \WASTEWATER\W WTF - Blue Cypress\Admin\Amend No.1 to WO No.8 Engineering Services for a new Package Plant
at Blue Cypress WWTP.doc
114
AMENDMENT NUMBER 1 WORK ORDER NUMBER 8
BLUE CYPRESS NEW REPLACEMENT PACKAGE WWTF
This Amendment 1 to Work Order Number 8 is entered into as of this day of , 201_,
pursuant to that certain Continuing Contract Agreement for Professional Services, dated December 13,
2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional
Services entered into as of this 4"' day of November, 2014 (collectively referred to as the "Agreement"),
by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and
Masteller & Moler, Inc. ("Consultant").
1. The COUNTY has selected the Consultant to perform the professional services set forth in
existing Work Order Number 8, Effective Date October 21, 2014.
2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit 1
(Scope of Work) attached to this Amendment and made part hereof by this reference, The professional
services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule),
and within the timeframe more particularly set forth in Exhibit 1 (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 Arnendment. 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:
MASTELLER & MOLER, INC.
By:
Earl H. M; elle , PE, CEE
Title: president
By:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Wesley S. Davis, Chairman
BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Approved:
Deputy Clerk
i
�I♦-�!y-t1 (14 -
mph A Baird, County Adminis rotor
Approved as to form and legal sufficiency:
n T. Reingold, County Attorney
115
Our File #1341
March 20, 2015
"EXHIBIT 1"
AMENDMENT #1 TO WO #8
(Scope of Work)
Masteller & Moler, Inc. is requesting an amendment to Work Order #8 which was approved by the
Board of County Commissioners on October 21, 2014. The original project involved Engineering
Services for the FDEP permit revision, engineering, design, preparation of construction plans,
specifications/bid documents, construction observation, and soils engineering for the Blue Cypress
Lake new replacement package concrete Wastewater Treatment Plant and modification of the effluent
disposal system.
This Amendment is for work necessary to submit a Site Plan Application to be approved through Indian
River County's (IRC's) Administrative Approval process. The Site Plan will depict the location of the
planned structures as well as the supporting infrastructure and site data related to I.R.C. Land
Development Code Zoning and Land Use regulations
The additional services covered by this Amendment #1 to the project will generally consist of the
following:
Engineering services necessary to secure Indian River County Community Development "Site Plan"
Approval for the new replacement package wastewater treatment plant through the Administrative
Permit process.
The estimated construction cost of the project as described in this Amendment #1 is unchanged.
A brief description of the scope of services and deliverables for Work Order #8, Amendment #1 is
provided below:
• Scope of Services
Utilizing the Construction Plans, we shall develop a Site Plan for the Project for submittal to Indian
River County to support obtaining a Site Plan Administrative Approval. The Site Plan shall depict
the proposed project on the existing plant site in horizontal relationship to the existing plant (to be
demolished) and other site improvements.
We shall submit a Pre -application Conference Application and attend the Pre -application meeting
prior to Site Plan Submittal. We shall respond to County Comments arising from the Pre -
application Conference and submit for Site Plan Approval through the Administrative Permit
process, attend meetings, and respond to County Comments as necessary for approval.
With the demolition of the existing plant and the installation of a more compact plant design, the site
will have less impervious area after construction. As such, it is not anticipated that a County
Stormwater Permit will be required and these services are not included in this work authorization.
116
"EXHIBIT 1"
AMENDMENT #1 TO WORK ORDER #8
(Fee Schedule)
Method and Amount of Compensation
Masteller & Moler, Inc. proposes to provide the above Scope of Services based on the following lump
sum fees:
Fee Amount
Engineering Services to Secure "Site Plan $ 9,345.00
Administrative" Approval
Reimbursement for payment of direct costs, including $ 275.00
reproduction, copies, prints, mail, Fed -Ex, etc.
Total $ 9,620.00
117
"EXHIBIT 1"
AMENDMENT #1 TO WORK ORDER #8
(Time Schedule)
• Time of Performance
The estimated time frame for completion of services from the approval of this Amendment #1 to Work
Order #8 is as follows:
MILESTONE COMPLETION DATE
Engineering Services to Secure "Site Plan" Approval Eight (8) Weeks
118
ESTIMATED BASIC ENGINEERING SERVICES LUMP SUM FEE TABULATION
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Indian River County
Interoffice Memorandum
Office of Management & Budget
Consent Agenda
71-
To:
1
To:
From:
Members of the Board of ty Commissioners
Jason E. Brown
Director, Office of Manage ent Budget
Date: March 31, 2015
I�
Subject: Miscellaneous Budget Amendment 011
Description and Conditions
The attached budget amendment appropriates funding necessary for the following:
1. On December 6, 2011 the Board of County Commissioners approved a Local Jobs Grant for
Boston Barricade Company, Inc. The current payment of $34,334 will be provided by General
Fund/Reserve for Contingency.
2. On March 17, 2015. The Board of County Commissioners approved the Sheriff's request for
$30,000 from the Law Enforcement Trust Fund to be donated to various programs and
agencies. Additionally, $32,643 from the Trust Fund will be used to purchase an additional 100
external vest carriers. The attached entry appropriates funding in the amount of $62,643 from
Law Enforcement Trust Fund/Cash Forward -Oct 1St
3. On March 17, 2015, the Board of County Commissioners approved the Small County
Outreach Program Grant for widening of Aviation Blvd to accommodate a signal and turn
lanes. The attached entry appropriates the grant in the amount of $292,545 and county match
in the amount of $293,523 from Optional Sales Tax/Cash Forward -Oct 1St
4. On October 31, 2013 the Federal Transit awarded Indian River County a 5309 grant in the
amount $1,150,000 for the construction of a new transit hub in Vero Beach. The attached
entry appropriates the grant.
5. The funds for the CSAC Needs Assessment need to be "rolled over" to the current year. The
attached entry appropriates the funding in the amount of $27,000 from General Fund/Cash
Forward -Oct 1St
6. On April 7, 2015 the Board of County Commissioners approved funding in the amount of
$33,400 for the demolition and removal of unsafe structures on eight residential sites. The
attached entry appropriates funding from the MSTU Fund/Cash Forward Oct 1St
7. On April 7, 2015 the Board of County Commissioners approved a Recycling Education and
Marketing Coordinator position and associated funding for necessary equipment and
advertising. The attached entry appropriates funding in the amount of $99,000 from
SWDD/Cash Forward Oct 1St
120
Board of County Commissioners
March 31, 2015
Page 2 of 2
8. The 911 Surcharge Fund is in need of various capital items totaling $14,500. The attached
entry appropriates funding from 911 Surcharge Fund/Cash Forward Oct 1st
Staff Recommendation
Staff recommends that the Board of Commissioners approve the attached budget resolution
amending the fiscal year 2014/2015 budget.
Attachments
Budget Amendment 011 and Resolution
APPROVED AGENDA ITEM:
BY:
osep, ' . Baird
County Administrator
F R: April 14, 2015
Indian River
County
Ap.roved
Date
Administrator
!e.
`!/`-As ,
Legal
01
(-1/11S
Budget
���715
Department
ill
Risk
Management
121
RESOLUTION NO. 2015-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE FISCAL YEAR 2014-2015 BUDGET.
WHEREAS, certain appropriation and expenditure amendments to the
adopted Fiscal Year 2014-2015 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 2014-2015 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
2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon
adoption of this Resolution.
This Resolution was moved for adoption by Commissioner
, and the motion was seconded by Commissioner
and, upon being put to a vote, the vote was as follows:
Chairman Wesley S. Davis
Vice Chairman Bob Solari
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
The Chairman thereupon declared this Resolution duly passed and adopted
this day of , 2015.
INDIAN RIVER COUNTY, FLORIDA
Attest: Jeffrey R. Smith Board of County Commissioners
Clerk of Court and Comptroller
By By
Deputy Clerk Wesley S. Davis, Chairman
BY
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
COUNTY ATTORNEY
122
Exhibit "A"
Resolution No. 2015 -
Budget Office Approval:
Jason 7 Brown, Budget Director
Budget Amendment: 011
Entry
Number
tmAccount Name
Fund/ Depa ent/
Account Number
Increase
Decrease
1.
Expense
General Fund/Agencies/Local Jobs Grant -Boston
Barricade
00111015-088025
$39,334
$0
General Fund/Reserves/Reserve for Contingency
00119981-099910
$0
$39,334
2.
Revenue
Special Law Enforcement Trust Fund/Non-
Revenue/Cash Forward -Oct 1st
112039 389040
$62,643
$0
Expense
Special Law Enforcement Trust Fund/Sheriff-Law
Enforcement
11260086-099040
$62,643
$0
3.
Revenue
Optional Sales Tax/Non-Revenue/Cash Forward -Oct
1st
315039-389040
$293,523
$0
Optional Sales Tax/DOT SCOP Grant-Aviation/20th
Ave.
315033-334400-15018
$292,545
$0
Expense
Optional Sales Tax/Road & Bridge/Aviation-20th
Avenue Intersection
31521441-066510-15018
$586,068
$0
4.
Revenue
MPO/DOT Transit Hub Grant
124033-334400-10802
$1,150,000
$0
Expense
MPO/Planning/Transit Hub Project
12420415-066510-10802
$1,150,000
$0
5.
Revenue
General Fund/Non-Revenue/Cash Forward -Oct 1st
001039-389040
$27,000
$0
Expense
General Fund/Children's Serivces/Other Professional
Services -Needs Assesment
00112869-033190-06830
$27,000
$0
6.
Revenue
MSTU Fund/Non-Revenue/Cash Forward -Oct 1st
004039-389040
$25,050
$0
Expense
MSTU Fund/Road & Bridge/Other Contractual Services
00421441-033490
$25,050
$0
123
Resolution No. 2015 -
Budget Office Approval:
Jason
Exhibit "A"
Browri, Budget Direc of
Budget Amendment: 011
Entry
Number
Fund/ Depa&rit/Account Name
Account Number
Increase
Decrease
7.
Revenue
SWDD/Non-Revenue/Cash Forward -Oct 1st
411039-389040
$99,000
$0
Expense
SWDD/Landfill/Regular Salaries
41121734-011120
$13,040
$0
SWDD/Landfill/Social Security Matching
41121734-012110
$789
$0
SWDD/Landfill/Retirement Contribution
41121734-012120
$943
$0
SWDD/Landfill/Insurance - Life & Health
41121734-012130
$2,896
$0
SWDD/Landfill/Worker's Compensation
41121734-012140
$598
$0
SWDD/Landfill/OPEB
41121734-012160
$549
$0
SWDD/Landfill/Medicare Matching
41121734-012170
$185
$0
SWDD/Landfill/Other Promotional Expense
41121734-034820
$50,000
$0
SWDD/Landfill/Automotive
41121734-066420
$28,600
$0
SWDD/Landfill/EDP Equipment
41121734-066470
$1,400
$0
8.
Revenue
911 Surcharge Fund/Non-Revenue/Cash Forward -Oct
1st
120039-389040
$14,500
$0
Expense
911 Surcharge Fund/Communication Center/EDP
Equipment
12013325-066470
$13,000
$0
912 Surcharge Fund/Communication Center/Other
Machinery & Equipment
12013325-066490
$1,500
$0
124
April 7, 2015
Sheriff Deryl Loar
Indian River County
The Honorable Wesley Davis, Chairman
Indian River County Board of County Commissioners
1801 27th Street
Vero Beach, FL 32960
Dear Chairman Davis:
This letter is my request to be placed on the April 14, 2015 Board of County
Commissioner's Agenda with reference to a Mental Health Court Update.
If you should need additional information, please contact me.
Sincerely,
Deryl Loar, Sheriff
DL:lt
4055 415t Avenue, Vero Beach, Florida 32960 www.iresheriff.org
(772) 569-6700
Mental Health Court Time Line
11/14/14 — County Commission approved $100,000 to fund mental health court
Mental Health Court is held every Tuesday at 1:00 p.m.
Mental Health Court Dates # of Clients
01/27 4 clients
02/10 6 clients
02/24 9 clients
03/03 10 clients
03/17 12 clients
04/07 15 clients
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On 03/31/2015 an application was submitted for the Second Chance Act Reentry
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INDIAN RIVER COUNTY SHERIFF'S OFFICE
las- S
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
/081 -
Any organization or individual wishing to address the Board of County Commission shall complete this
form and submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion
items should be limited to matters on which the commission may take action
Indian River County Code Section 102.07(2): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION:
Deann Ferrell, Career Source Research Coast Youth
Connections
ADDRESS: 1360 28th Street, Vero Beach, Fl 32960
PHONE: 772-342-5819
SUBJECT MATTER FOR DISCUSSION: Request for space for youth program in Vero Beach
IS A PRESENTATION PLANNED?
IS BACK-UP BEING PROVIDED
IS THIS AN APPEAL OF A DECISION
YES x NO
YES x NO
YES x NO
WHAT RESOLUTION ARE YOU Commission find approximately 100 square feet of available space for
REQUESTING OF THE COMMISSION? the program
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED?
X
YES
NO
WHAT FUNDS OR ACTIVITIES ARE Assistance above stipend available to cover expense of space
REQUIRED TO MEET THIS REQUEST?
Transmitted to Administrator Via:
Interactive Web Form
E -Mail
Fax
Mail
Hand Delivered
Phone
COUNTY ADMINISTRATORS Joseph 4ali)/1
rd
MEETING DATE:
Document: Board Approved 117.06
126
DEPARTMENTAL MATTERS
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the Board of County Commissioners
DATE: April 6, 2015
SUBJECT: Distinguished Budget Presentation Award
Fiscal Year 2014/2015
FROM: Jason E. Brown
Director, Management &
Attached is notification received from the Government Finance Officers Association (GFOA)
awarding Indian River County, Florida, the Distinguished Budget Presentation Award for the
current fiscal year 2014/2015. A Certificate of Recognition has also been presented to the Office
of Management & Budget as the department designated as being primarily responsible for
having achieved the award. This is the twenty-fourth consecutive year that the Office of
Management & Budget has received this award.
In addition to receiving the award, Indian River County's budget has received the following
special recognition:
Special Performance Measures Recognition.
Attachment
Letter dated March 11, 2015 from GFOA
Press Release dated March 11, 2015
Certificate of Recognition
APPROVED AGENDA ITEM:
BY:
FOR:
Jo • - ph A. Baird
County Administrator
April 14, 2015
Indian River County
Apprs ed
Date
Administrator
P
9/ /'
County Attorney
(� �,
l'
`1 l (5
Budget
4/Grit
Department
0
Risk Management
127
GD
Government Finance Officers Association
203North LaSalle Street, Suite 2700
Chicago, Illinois 60601-1210
312.977.9700 fax: 312.977.4806
MAR 2 5 2015
March 11, 2015
Jason E. Brown
Budget Director
Indian River County
1801 27th Street, Bldg A
Vero Beach, FL 32960-3388
Dear Mr. Brown:
A Panel of independent reviewers has completed its examination of your budget document. We are
pleased to inform you that the panel has voted to award your budget document the Distinguished
Budget Presentation Award for the current fiscal period. This award is the highest form of
recognition in governmental budgeting. Its attainment represents a significant achievement by your
organization. In addition to receiving the award, your entity's budget received the following special
recognition:
Special Performance Measures Recognition
The Distinguished Budget Presentation Award is valid for one year. To continue your participation
in the program, it will be necessary to submit your annual budget document to GFOA within 90
days of the proposed budget's submission to the legislature or within 90 days of the budget's final
adoption. Enclosed is an application form to facilitate a timely submission. This form should be
submitted with four copies of your budget accompanied by the appropriate fee.
Each program participant is provided with confidential comments and suggestions for possible
improvements to the budget document. Your comments are enclosed. We urge you to carefully
consider the suggestions offered by our reviewers as you prepare your next budget.
When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of
Recognition for Budget Presentation is also presented to the individuals or department
designated as being primarily responsible for its having achieved the award. Enclosed is
a Certificate of Recognition for Budget Preparation for:
Office of Management & Budget
Washington, DC Office
1301 Pennsylvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 • fax: 202.393.0780
Nyww.gfoa.org
128
Government Finance Officers Association
203 North LaSalle Street, Suite 2700
Chicago, Illinois 60601-1210
312.977.9700 fax:312.977.4806
Jason R. Brown
March 11, 2015
Page 2
Continuing participants will find a certificate and brass medallion enclosed with
these results. First-time recipients will receive an award plaque that will be mailed
separately and should arrive within eight to ten weeks. Enclosed is a camera-ready
reproduction of' the award for inclusion in your next budget. If you reproduce the
camera-ready in your next budget, it should be accompanied by a statement
indicating continued compliance with program criteria.
The following standardized text should be used:
The Govemment Finance Officers Association of the United States and Canada
(GFOA) presented a Distinguished Budget Presentation Award to Indian
River County, Florida for its annual budget for the fiscal year beginning
October 1, 2014. In order to receive this award, a governmental unit must
publish a budget document that meets program criteria as a policy document,
as a financial plan, as an operations guide, and as a communications device.
This award is valid for a period of one year only. We believe our current budget
continues to conform to program requirements, and we are submitting it to
GFOA to determine its eligibility for another award.
A press release is enclosed.
The Government Finance Officers Association encourages you to make
arrangements for a formal presentation of the award. If you would like the award
presented by a member of your state or provincial finance officers association, we
can provide the name of a contact person for that
group.
We appreciate your participation in this program and we sincerely hope that your
example will encourage others in their efforts to achieve and maintain excellence
in governmental budgeting. The most current list of award recipients (with
hyperlinks) can be found on GFOA's website at www.GFOA.org. If we can be of
further assistance, please contact the Technical Services Center.
Stephen J. Gauthier, Director
Technical Services Center
Washington, DC Office
1301 Pennsvlvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 • fa.x: 202.393.0780
vww.gfoa.org
129
GD
Government Finance Officers Association
203 North LaSalle Street, Suite 2700
Chicago, Illinois 60601-1210
312.977.9700 fax: 312.977.4806
March 11, 2015
PRESS RELEASE
For Further Information Contact
Stephen J. Gauthier (312) 977-9700
*************************************************************************************
Chicago --The Government Finance Officers Association of the United States and Canada (GFOA)
is pleased to announce that Indian River County, Florida has received the GFOA's
Distinguished Budget Presentation Award for its budget.
The award represents a significant achievement by the entity. It reflects the commitment of the
governing body and staff to meeting the highest principles of governmental budgeting. In order to
receive the budget award, the entity had to satisfy nationally recognized guidelines for effective
budget presentation. These guidelines are designed to assess how well an entity's budget serves as:
• a policy document
• a financial plan
• an operations guide
• a communications device
Budget documents must be rated "proficient" in all four categories, and the fourteen mandatory
criteria within those categories, to receive the award.
When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition
for Budget Presentation is also presented to the individual or department designated as being
primarily responsible for its having achieved the award. This has been presented to Office of
Management & Budget
For budgets beginning in 2013, 1,424 participants received the Award. Award recipients have
pioneered efforts to improve the quality of budgeting and provide an excellent example for other
governments throughout North America.
The Government Finance Officers Association is a major professional association servicing the needs
of more than 18,000 appointed and elected local, state, and provincial -level government officials and
other finance practitioners. It provides top quality publications, training programs, services, and
products designed to enhance the skills and performance of those responsible for government finance
policy and management. The association is headquartered in Chicago, Illinois, with offices in
Washington D.C. The GFOA's Distinguished Budget Presentation Awards Program is the only
national awards program in governmental budgeting.
Washington, DC Office
1301 Pennsylvania Avenue, N.\V.., Suite 309 • Washington, DC 20004 • 202.393.8020 • fax: 202.393.0780
wW\y. gfoa. org
130
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Executive Director
March 11, 2015
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131
ATTORNEY'S MATTERS: 4114115
TIME CERTAIN: 10:30 a.m.
Office of J3/4
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
}William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: The Board of County Commissioners
FROM: Dylan Reingold — County Attorney
DATE: April 6, 2015
SUBJECT: 10:30 a.m. Attorney -Client Session: Ocean Concrete and George Maib
vs. Indian River County, pending in the Circuit Court of the Nineteenth
Judicial Circuit, Case No. 2007011589-CA17
I request advice from the County Commission regarding settlement negotiations and
strategy relating to litigation expenditures with regard to the cases styled Ocean
Concrete and George Maib vs. Indian River County, pending in the Circuit Court of the
Nineteenth Judicial Circuit, Case No. 2007011589-CA17.
Prior to going into private session, Florida Statute 286.011(8) requires the Chairman to
read the following statement:
"This is the commencement of the attorney-client session. The
estimated time of the closed attorney-client session is 30 minutes.
Present at the meeting will be Commissioners Bob Solari (Vice
Chairman), Joseph E. Flescher, Tim Zorc, Peter D. O'Bryan and
me, Wesley S. Davis (Chairman). Also present will be County
Attorney Dylan Reingold, County Administrator Joseph Baird, and a
certified court reporter. At the conclusion of the closed attorney-
client session this public meeting will be reopened."
After the attorney-client session the Chairman is required by statute to state the
following:
"The public meeting is hereby reopened, and the attorney-client
session is now terminated."
nhm
Approved for April 14, 2015 BCC Meeting
Time Certain: 10:30 a.m. (Attorney's Matters)
COUNTY ATTORNEY
Indian River Co.
Approved
Date
Admin.
. A
‘ J.5'
Co. Atty.
��"
�t
Budget
e
Department
-1-
(ll(((Risk
RiskManagement
---
---
132
SCRIPPS TREASURE COAST
NEWSPAPERS
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
SCRIPPS AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales
Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the
attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further
says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and
that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in
Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal
has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Customer
Ad Pub
Number Date Copyline PO #
APR 06 2015
COUNTY ATTORNEY'S
OFFICE
INDIAN RIVER CO ATTORNEY 2685347 4/112015 PUBLIC NOTICE OCEAN CONCRETE
Swor to and subscribed •efore me this day of, April 01, 2015, by
Sherri Cipriani
[X] personally known to me or
[ ] who has produced as identification.
, who is
q 4
Sandra Coldren
i�} "y'•,, SANDRA COLDREN
i?'
?,, ;.: MY COMMISSION # FF 004035
r.. EXPIRES: April 1, 2017
Bonded Thru Notary Public Underwriters
Notary Public
NEWSPAPER E -Sheet®
LEGAL NOTICE
ATTACHED
*********************
DO NOT
SEPARATE PAGES
ORIGINAL
Indian River County Attorney's Of...
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Ad Number:
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PUBLIC NOTICEThe Boa
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Wednesday, Apri
4U D WEDNESDAY, APRIL L 2015 D SCRIPPS TREASURE COAST NE
REQUEST FORBID
derg' oximaplacemetnely of
a pr
bir:t
,,,2. 3b
Jupiter Blend, Rde.
The +v itshle
borrow .rely 111O,00a
feet xl 112hor. 0l the
bine in ane AWnac
011 are TM ben bd
all arena v deline-
piated on .re came'
n Thetold con
n eg ares will be
determine
al coo
qbdg, bssetl o
IInO beat,
price.and camot-
e'
,canon°.2200a2uk "
Bid document
in` Pan-
able Documsnt For
mat I.P. may Mso-
' 9gad
m Town
Hall, 3 Red.
33109 ound, FL
SSi 150. ])21
charge 00+ and charge lario ata ±
specifications is
N • ifty. ay -
t /; fa doll„.
t.
Complete Bete°sate sol
Bidding Documents
yun heu;ed in pm
TOWN OF JUPITER
ISLAND aaacmes no
npm.ibiljr1 lo, n
.Nino
dr;ma:re r3 al
4 of Bid
o Nmed:nre
al heti Bitls nun
delivered or
dao:
ISLAND
REQUEST FORBID
John Du1Mck
Beech 0iatd'
Manecw
3 55.dge Rud
HoM34452--2102
Time is of Ne essence
.,d 0y Bids e-
0.y,turd eller Thur. -
Ayy T/I30. 2015 n
3hel7M 113131 5(] r
turned ell nlna:eo-
TM1e timemSdoof nwipt
hell be determined
avNeadlo
REQUEST FOR 010
ttNM86330
Hen. ala. 35.77 be
°].`loo"
i171:1:1, loll-hantl
in Ne pn0
eat. a
`H duIs,de .re v.g
a< a 7a b. received.
dare 4 r;apo05F
for d is sta Nat
i Dia i. stamped
i . Furthermore.
urthr Loa.
ted, n aaaa
aryes
:r• Town reaerv.,
theriYN to reject
wriarN ,nymend r til
/arm+litles. A nola-
mandatorYY pre -hid
p 7151 30 Feld
1 Torn N,A o0 AwM.
10, 2016 at tOdM AM.
by
FISTn l Cortm'aof
Transportation
Bids will be received
by the District Four
cement al traffic
Coems 0305' W da
"rtiV `mw
mm,mai.'
for aoia 3rojed
:beI Ile "a
httpeNNew.doLat,le.
I.un<ont„'wdtsi4iI
that r, 1,320 diet
11 Mry , 2816 leo
Iffy
Tr]d604 by `.."1"p
18677
Pub. Apra 1.8,2015
TCNS6B5652
ERS D TC
REQUEST FOR
rrib.de power e'
along SRs8 m
ilio1 Comrea4
Co , Ire letting ,d of the
iP me 'ZI:ac- II ata decor
l.n far lni: 3raon :mated m. canaa�ia
ilable n ur r penarcl 1019'
Mld good. erld turn
lasMoww'Ourotal kin a
l.wa<nD.p:� <Ilira 83391e ala. wb
71015 I,H SeN Johnston, Unit 4
'r ey telling Ile
leb:4 ,;3J8A The it FN. be sold
Pub: April 1. 6, 2015 o Apal 16th, 016 at
Tcnzsfisaet 3:oepm n www.non
SALE
n aria -
"Ciro!.
ah.
REQUEST FORBID
Notice to Corenora
Florid. Department of
Transportation
Pro
Bid: will IN e0 7 72'
by . District
in F2W
NOTICE OF SALE.
NOTICE
OF PUBLIC SALE
me MllVoVwiny 3l W
71.
liemr Plundh.114
Sr. William Plun
hell .r,hell.4Frenaea
71430end]
.. Plun2Mll
50110E NOTICE 8010E
PUBUC NOTICE OF INTENT TO ISSU AIR PERMD
11trig' Ovpanmem o 579173nmam,l !'erection Air 03032754 Seo
SouNe+rt Dirtn aINriw anA Minor 5 o Alr Consrrudion
Panit Proje' 1.31 1L240032 4,006,0 Palmdale Oil Com
pa*ry, {L wc6 Facility SL Luna County, Fiona,
A cal: The ens& 4 lar ,hie prole 1 is P 154431. OOil 03500.7.
°di<aprtplyium', 57,1 Rr4
as ,.Manager, P 131,
,10"Oil'C°mpanY,
911 Nonn fid 517 eet, FL Nero, Salida 340509121.
Facili Lawton: P,116,]9 011 Company
perinea the2
County at 811 019140 70Street. ainlF`LP'0'ae,Fl 0Ea'aa t” 't1, '200 '20000
Pmjen: 179 Palmdale Oil Company - FL Pierce Fadliry is an .x.3 -
*0 bulk Dnroleum Irl 10.1 Prwi3cM a ed under 4eneral
remit number 11100)6-003 end i, naw d ssifinl ed t ryniting
under Title V 71421.,1073 and is limited to peun B
le n°Ihan 30.91 5 Der Yeer of volatile arsenic tom ds
OGd Iron Ne frr"ld,2 The prole' is toe [ly mo 2! the
d Iwua ,ha 0544,] .1312 e A ,100624 Der-
' hr,helrdli0 1"02 applm,lion requew to get a wnlcmm
of"Tank, 1 ata 3 from Biu-Fud Oil 0 Motor1! . concurrent
00, and
add 10 Motor Oil p,o' es wdlas [o Vein , 5,,11462 Iridal
NORTNe v opntan pent ed 4 0'nit!
the are 30 75.3 in
N..�m.an ata 773 andewa r.drmwl �:.Ital. mat ate P.MIm:
nary ermin9lon.
Permitting AutM10 ApNiwti°ata far air construction permitsare
dance wink the provisions f Che
ter
103 a Kori .0004 Ire.) trati and [ha 63J, 8-310 end 62.213
of the HOrlal Administrative Code tFA.c6 Tate proposed
i. naln.;e'i.t f;:°rin,mrr�r""Ni" ,. 3333 3333 3333,, 3333...
ry nawnaible for meting .rpv°rmn fi<lerminetion for IM1T, ora en
Ni aewrtmem of Emnonme 60 055 730n's ar Resomw `Teo
tai:n IM 401 32, 0letnd OMca The Perm,ning I P.I0 s +b
Gun nub Road, MSC ).1-0, epn. Palm 9arth,
661
Florida33406. The Permitting' AUNoriry'S telepnonv number i,
M1J6m
Project File. A complete prole' file Is available for pubic Incpeo
Prole
,.n and/or 377,
061
U12
0;lr hon
scribed here
,Y be requiredo
ilre
e hon
1.5. Ville peal TI
nubile hotlo- Pub: Merck 25, Apri
.aiMa .,: me s M
1, 2015
?..7102002 10]8 1CN28370;
BEND 442333300
NOTICE OF SALE
3004 ChavroM
1012C12FIM7205220
Publish 0ete: April
at .15
TCN2685003
NOTICE OF MEETING
PUBLIC NOTICE
75 03,A of Ce
n Niven County.
Florid. Dreviee: no-
al doiaeg.m ;rehs",n .ttoarwng
• following
Phldiastiat
lit
he we fie pre-
[rea ]9411639 i.
a
FC068
bile Mme
NN Ys: A
Td EEA6990
Ne e's:
0015316955 end
00personal AdditionalppppeertDyarsanal
PREPARED ::N'A
Shawn D. Atbetler,
AQ•m for Pinelake Wp
D11asFl e: 3311:
19541587-3058
PLEASE PUBLISH ON:
AB,ROi53015 and ApN
.77268395
Smen slop Sell Ma-
Np° 21,23,01 +t 1990
w Federal Hwy 1.
51 0.4 FI,
tendstowish,
NOTICE OF MEETING
Ri
N Chun
Ninete.Mh 1401'711
idd
Cerelt, Cee Na.
200]01.m. an 11 ,7
to:3D ..m. an ruea-
a,r. Aydl 1�. Z016.
'on :n:ma. strategy
tra `7
o Ini1 n
on will <o mente
°nos
n .h; County Cam-
le red"
0.0,3
NOTICE OF GALE
Pbblic ho.iu„athrra-
4NoenCnto0unmgntyous
mqtlvin
pubes auction, pu
a tooa
;Gin 713.
e*****
°
*LSI°
on
at
Irlri auntpril y 2473020
Iva A Twiny
3315 Okeechobe.
Road, Fon 11FL
381)7 8:00 saw ,.m the
Aul ony0ate: April
)4
NOTICE OF MEETING
3h. lira
340 A 6
ATmplexIn'
PUBLICEIC
NOT
CITY OF SEBASTIAN
INDIAN
7550800
THE P
see
e vmcy`c�l"49'4
OTwens. 31?
`/ tBulldiryrynp A al treticn"L°mdPle
entl ywyiN terminate n
the Co my Commie
[Mmbrc ate
lion
time of the
attorney-client es -
Non thirty 1301
Pnaenl t
[2, meets ° will at
rnineasionere Wer
ley s. 00,55 501,71
I, Dob solei
Hcachet, Trm
Peter D
-
�ill be County
y DYI,n
Ila `aunty ab
neon
n reponn.
MOAN RNER
1,,U,,1031(67.121 M,naw Mun a1 8:00 4311 .0 6:00
N hydml'o-
e:s in lM3up h Fddry leacePr Ie9al holidayel. al p
tlrw5 intltwted above for the Parmfiinp Avthor. The
p e' lin include theDraft Perml'ILA the, TxNniu Evaluation and
Poll ry Oet rminatio0 the application and formation a b
'n a by .he applicant lenkeiva i confiential record. under
Se'ran 03.111, F.5.1. Inufened
hnp11ANU,N,wo.rdiNe ae l,NA.uWl7(emisampriUsaoyndnideryfauAoor2tRa11 "M 4 e Permit
aims adDM1Prvnmecuredrabdnnal.amarimmlialn9'e4N,2
webaee
:
p.atale.
Nose of ]4130 to I.wa Air P 409 The 730410143 Autha5M 009,0
I ata inert 10 issue sit w aiheo n ane o cur ant loss
"o tlM.ppMw lar me
project anrnb.a ,Mea TM1, ,pdiwnt Ma
m ly with all MP roDri1 provision, of Ch,yun 677, 62-204,
6?210, 62-212, 6Tand 63-.], fAG The Perrnmirp Author./
call owe al Permit in ea°rdne who the wndmons of the
promsetl Orae Pcrmn unleu a timely yy ie for an V.B"tnrr
va h public o filed underivedi in
1..563 and 1.51, Fno ce un
le. public comment onion or
significant with this nonce IO-
W.
r
coditions. different deusion cat a significant change of .9114 car
Cotsmems: The Permining rt t EVn wig attep ninon 4.7 1 7
1149 thew ted Ooh. 12*1 rot , re..W i4 , comm hots
the date of received
by
the
1 mit Pg Au None. close mems
at be received Wfor Phe end
f the le- by period.
.If written DM p.m.) on or 'melon; the end cal the ]barye Dannd. Il whiner
iwd *nun in , siggmfic+r [Mn a D': Pa3
1130. the Pe m Fin° AUNariry shall rw v the 8nn Pn*ntl ane r.
on w nota vele atsuonce that opywtion 2777976000 Y27'
will not 783'3 l im it quality and that the prole' will
Lq dTe >iIt ,mnwerc aM4 wi
Petition: A pereon whose substantial in a affected by the
R'°(.seed permitting decision mry °720 00 lmran 2- 7, F5. 1113
6, in 01 ,0 nce wN Section, .669 +ata 1223], F.S. 719
p[ atai3O..,4,1,0.Mlowand11551[6-
5,4 61 th nerA Co443. the 0, 0, 303, ? 31 Ey iron in tM W-
fi 60 General Counsel of Me 0epa63,0, 0l Environmental Pro -
'on 21,0 amts: 000 IT B,fl920e5 Mail 21411 670,4(970
5 `Florida 3.98-3000 (Telephone: 5Mi102Nth PO 60'
51ed by any TS°03 of "4,? bas; d w,00 m ninon l pOb um
der ofthis Public 1, F.S. nun be hoed wiitt 16 :rye of ought+
n o1 this Public Notice or receipt of a written notice, whichever
ra first Under Section .60131. ES., owever, any 4920
who ked the Permitting A1Nmi la, notice 01 e9anry anion
ay 'r.. P.won ,6,434 ,: a.t�a 7 nwil* .f ,hat ata[::, ..�-
lasa of Ne dM1ea
at X 'aver hal mail, copy
yylic,nt [ Na addrea5 i diceted above, ,[ TM1e
°ate of ]lin&, Tra I+eure of any °own ,° file a pnition within Ne
.p0 o ate a 'e 7460 atoll 504,.3 a , w,war I Nat pea3n's
4 73451..FS. 756175ietionIM1eeriel der
Section
rt10.569 and ..5]. FS., or 7o Intervene in Nie proweb
119 ane p•nmmat. asapp++Mn7a
it. Any subsequent intervention
lin , r c din° insured aY her pa 1 will be ody a he ep-
m1'I/'t, 1((motionin rom
o °M1e
IN,a n
Inceru`on.he M
pr
°,.1011
ass inti the
y A v n Ih,t
yy 106105 FA.C. p.
Pun 26
4,0.42 with I � I.c 110 action u
1 lad, on whish the Fermi.tinp Au hpdN. based
nth. lollowinw inform 0° in Th; 73ro end ,caress
numbeL if ry n:MI T and es F address
a file le ione notion
Ler, if known; MI The nama eddr d telephone number
of [h;npetitlon;r, ,he name address C 7eleDhone numbn of Ne
repreavmariva it 3403 whldt shall be IM ,tldrea. for
dr'
nuo was duan. ate wur+e of the , e'np' e m cur
oy ins a9 1 how ter pvlinun: l sA serol n M; wilj 6e +779'96
.Fry tle7ermination; lc/ A atnemenl al wren and how
.he nati.ioner rwnwd roue a dike wary „ion "M proposed so-
: Lal A at the pot of all must
sa lea of mauml oma It
mere ate none, [0e petition mus[ sa state: 0 lel A erase rtatemanl
of the ultimate lana , gre.d. 3'I ,Ing Ne tpdfic la's .ate pm4
' mea warnm reeoN or motllfcation cal the aemN
`IOopos.d"a'iam 10 A atstemen7 0l the spedfic rules or atatu7e5
in. pmnln.r <nm.na. require renal n, mpamwtian el N.
penNs Mlja tl • on IudNY r *Lunn,.
of Mw 7M a0.
Imomtsttnrelate a ane +pacific rulesor none: and, Ig1,A rat.
cat of Ne relief sought by the pnitodm, staple oren.en Ihv
n the pmosed wianw thaw, peon,
to eke wile nnpert
action
s upon
action. A ti M1atawe not tis Ne mo-
sI I N'. open ward N. Permitting:.Qu74n'm
hall N that no such fade ate in pu.ata oNerwiu 5bll
the wma no.
,c an math above, „ nquned by
pule. -106.391, fA.C.
Bewue the admmienefrve nearing r esm is designed 7o forma
Iste foal a ry anion. Ne Ilinp of w7i,ien mcena that [M Pea
n A M1arily+ fi I a ion m.Y'be aittnem from Cha
takn lry' in Nn Pudo No[ic° of Imm. l° Iwue AIr Permit'Pm-
no wb[m.i+l Imaroa[a call be aXe'ed by any such Bwl
decision of .he Permitting Auth°nry on the 6 p....,n 0 9 011
dnht 7a patitlon .o b;v°me tcarty a Cha proceeding in ,ewrg
with the uq4 0 43 not
49 l ebova
120 Apl Madie.ian is Fol available for this proceeding.
Pub: April] .15
T[N36B5513
of
BEFORE THE LOCAL PLANNING AGENCY
AND
0000040 W,VE COMMISSIONERS
011. COUNTY. FLORIN
NOTITE OF PUBLIC HEARING
Subject' Palm City II Landfill 11152-0041
AppliuMn lar an Indunri�, m+lot dm.H
e efsr Nciliry to ane exonny P+Im Clry
Lanalile request
l6l 7. Ce in Ria +Polim
for + C60i0uta .'Pubic
Th wn
em .viaquewn4
wMrto add IA00 square Ivat ode
b.m and • 10,000 .query leer rery<Ilnp
Fneiof app.onmab0N 314 0'43. cIe
[Ion: Tate pretIit le lamed n 3x75
Bunch 0 fan' Palm ogryS� FI, a proxi
an s,700 Ian nonFna Ne of n. L
, d Martin HipM1wry imemAmq.
Time era D,,,,: 1OCAL PLANNING
AGENCY 100 P.M. or 39 wan altw a the
y b. Hera. on 714,0,30. Apel
16.1016
BOARD OF COUNT' COMMISSIONERS
400 ras `ud5a"or
may be hea21611Tury, MM ,.16
Florida
P7loridni5.0.°0347.705 77302 r�v6tuan.
All interested person. are Invited 7o arena
d be heard- Persons wi[n tliubll'nin
and
need an ,wammomnpn m order m
pant's.. in this proceeding are entitled.
sL he Provision of ,0072 ,r
p. TMs dpe5 Fol induaa hanspaM10-
:Vance!
N 11. , Oa ihwn f 775 Cdrenty AdmemauFiey912,, winwyro,2n10o1ate,
40.4three drys before the hearing eau.
)e1rsonddva09gryaSTeDrvDce,.ice,p1
ea.cel.
For further Information, please call the
Growth Management 0epmme. et ffi-
.BSBi All written wmmnu should be
sent to Mt van Varna, Gr ill Manayo-
ND
60110E OF MEETING
1])31-SB9-530 AT
LEAST d6 HOURS
PREEITINGOR TO THE
M
PUBLISHED April
voidness',
2015
TLN26B6L6
NOTICE OF MEETING
Dearo,vi4,crcn' senw
P
In using n NonYrafn
Housing Inc Ma ho-
a F.e.ra
Ww7herizatlon
NOTICE OF MFETINC
Mani, County
Sc Lurie 32#200
7,13000.20 COumy
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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA •
APRIL 14, 2015
10:30 a.m. - 10:32 a.m.
11:23 a.m. - 11:23 a.m.
COUNTY COMMISSION CHAMBERS
COUNTY ADMINISTRATION BUILDING
1801 27TH STREET
VERO BEACH, FLORIDA 32960
IN ATTENDANCE:
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher, Commissioner
Peter D. O'Bryan, Commissioner
Tim Zorc, Commissioner
Dylan Reingold, County Attorney
Joseph A. Baird, County Administrator
ORIGINAL
Vero Beach Court Reporters
2
1 (Whereupon, the following is an excerpt of
2 proceedings.)
3 * * * * *
4 CHAIRMAN DAVIS: It's 10:30. Look at that.
5 Ya'll notice the time. Thank you. All right. What we're
6 going to do then, we will take a brief recess. Dylan, do
7 you need to announce here?
8 MR. REINGOLD: Yes.
9 CHAIRMAN DAVIS: Okay. I'm going to turn this
10 over for the formality of the Shade Session to our county
11 attorney, Dylan Reingold.
12 MR. REINGOLD: Actually, to the Chair if you
13 will, on page 132 of your packet there is some language
14 for you to read as the statements as we go into our shade
15 session.
16 CHAIRMAN DAVIS: All right. Is this --
17 COMMISSIONER FLESCHER: You want to have
18 someone else to read it?
19 (LAUGHS.)
20 CHAIRMAN DAVIS: Yeah. The... this is of the
21 advice from county attorney regarding the settlements for
22 the negotiations, the strategy relations -- relating to
23 litigation expenditures with regarding to the case styled,
24 Ocean Concrete and George Maib v. Indian River County
25 pending in the Circuit Court of the Nineteenth Judicial
Vero Beach Court Reporters
3
1 Circuit, Case No. 2007011589-CA-17.
2 This is the commencement of the attorney/client
3 session. The estimate time of the closed attorney/client
4 session will be 30 minutes, which they seem to always last
5 longer. Present, presented at the meeting -- present at
6 the meeting will be Commissioner Bob Solari, Vice Chairman
7 Joseph E. Flescher, Tim Zorc, Peter D. O'Bryan, and me,
8 Wesley S. Davis as Chairman. Also present will be County
9 Attorney Dylan Reingold, County Administrator Joe Baird,
10 and a certified court reporter.
11 At the conclusion of the closed attorney/client
12 session, this public meeting will reopen. So at this
13 time, we will take a brief recess and reconvene after the
14 shade session.
15 (Whereupon, at 10:32 a.m., a recess was had.)
16 (Thereupon, at 1 1 :23 a.m., the above-entitled
17 matter was resumed.)
18 CHAIRMAN DAVIS: The meeting will come back to
19 order. The public meeting is hereby reopened and the
20 attorney/client session is now terminated.
21 * * * * *
22 (Thereupon, at 11 :23 a.m., the excerpt of
23 proceedings was concluded.)
24
25
Vero Beach Court Reporters
4
1 STATE OF FLORIDA )
: SS
2 COUNTY OF INDIAN RIVER )
3
4
5 CERTIFICATE
6
7 I, GREGORY CAMPBELL, Notary Public of the State of
8 Florida at large, certify that I was authorized to and did
9 stenographically report the foregoing proceedings and that
10 the transcript is a true and complete record of my
11 stenographic notes.
12 DATED this 2ND day of MAY, 2015.
13
14
GREGORY CA BELL OURT RER)RTER
15 Com i-ssio No. 114179
Com .ssion xpires 7-29-1 5
16
17
18
19
20
21
22
23
24
25
Vero Beach Court Reporters
County Attorney's Matters - B.C.C. 4.14.15
Office of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: April 6, 2015
SUBJECT: Interlocal Agreement with City of Vero Beach on Dodgertown Golf Course
BACKGROUND
In 2005, the City of Vero Beach (the "City") purchased 37+/- acres of real property commonly known as
the former Dodgertown nine -hole golf course (the "City Property"). At that time, the City, Los Angeles
Dodgers, LLC (the "Dodgers") and DT Commons, LLC executed a Second Amendment to the Collateral
Development Agreement (the "Second Amendment"), which provided that the City shall develop the City
Property solely as (i) a municipally -owned public golf course, or (ii) green space, or (iii) park -like setting,
or (iv) any combination of the foregoing three uses (the "Use Restrictions"). The City and the Dodgers
also executed a Declaration of Covenants, Conditions, and Restrictions, limiting the City's use of the City
Property to the Use Restrictions as stated in the Second Amendment. Under the Second Amendment, the
City could not develop and/or permit the use of the City Property for any other use or purpose whatsoever
without the prior written consent of both the Dodgers and Indian River County (the "County"). In
February 2008, Indian River County succeeded to all interests of the Dodgers in the Second Amendment
and the Declaration of Covenants, Conditions, and Restrictions.
APPROVED FOR APRIL 14, 2015
B.C.C. MEETING — COUNTY ATTORNEY'S MATTERS
COUNTY ATTORNEY
133
Indian River Co.
Approved
Date
Admin.
Off'
y �/
Co. Atty.
f i .
/
Budget
/ (`
/Q
Dept.
/ -
Risk Mgr.
---
---
133
Board of -County Commissioners
April 6, 2015
Page Two
In 2011, the County and the City exchanged certain parcels adjacent to Dodgertown, in order for the
County to develop a cloverleaf ball field on a 11.93 acre parcel (hereinafter "Cloverleaf Property"). The
County, through Resolution 2011-34, gave its written consent to allow the Cloverleaf Property to be
developed into (i) baseball fields, or (ii) any purpose consistent with the purposes of the baseball facilities.
At that time, the County and the City executed the First Amendment to Declaration of Covenants,
Conditions, and Restrictions to remove the Use Restrictions on the Cloverleaf Property and transfer such
Use Restrictions to the 10.38 acre parcel the City received in that parcel exchange.
The City has requested that the County terminate the Declaration of Covenants, Conditions, and
Restrictions and remove the Use Restrictions from Resolution 2011-34, the Second Amendment and the
First Amendment to Declaration of Covenants, Conditions, and Restrictions, in order for the City Property
to be sold and developed.
Pursuant to the Board's direction, County staff and City staff have drafted an interlocal agreement which
releases the Use Restrictions. The County will perform all of the necessary actions within three months of
the effective date of the interlocal agreement.
As part of the interlocal agreement, the City agrees to perform the following within three months, where
necessary:
1) Grant to the County a 0.20 acre parcel adjacent to 43rd Avenue for additional right of way.
2) Grant the following easements to the County: (a) easements across the City Property to provide a
drainage connection from Aviation Boulevard (26th Street) and 43rd Avenue to the Cloverleaf
Property pond; (b) a drainage easement for that portion of the Cloverleaf Property pond
constructed on the City Property; and (c) an access easement on certain portions of the City
Property and other City -owned property adjacent to the south property line of the City and the
County parcels.
3) Dedicate Tract A of Poinsettia Park lying south of Atlantic Boulevard and west of 42nd Avenue as
public right-of-way and provide for it to be used by or transferred to the Florida Department of
Transportation for improvements to State Road 60.
4) Require that all future site plans and zoning requests will maintain compatibility with the County's
baseball facilities and other approved uses on the adjacent County property consistent with the
City's land use regulations. The County will be permitted to provide comments to the City staff as
part of the development review process.
5) Reconfigure the proposed right-of-way for Aviation Boulevard roadway improvements between
43rd Avenue and Flight Safety Drive so that no additional right-of-way will be necessary to be
obtained from the property currently owned by DT Commons, LLC located south of Aviation
Boulevard.
F. Arron y tildo,GEVERACJR C C'Age da Afewos Dodgenowa Re/eme.doc
134
Board of County Commissioners
April 6, 2015
Page Three
6) Extend the Temporary License Agreement for Use of Vero Beach Municipal Airport Property for
two (2) additional years, from the current termination date of May 7, 2015 to May 7, 2017, or
whenever the permanent Transit Hub facilities are finalized and available at the 16th Street, Vero
Beach location, whichever is earlier. The extension must be executed by the City prior to May 7,
2015.
This interlocal agreement will be presented to the City Council for approval on April 7, 2014.
Theinterlocal agreement will become effective upon execution by both the City and the County, and after
final written approval by bond counsel for the City and bond counsel for the County, the cost of which
review shall be borne by each respective party.
FUNDING
The costs associated with the County's bond counsel review will be paid from the Dodgertown Bonds
Debt Service Fund — Other Debt Service Costs (account number 204117174-077310).
RECOMMENDATION
The County Attorney recommends that the Board approve the attached interlocal agreement and authorize
the chair to execute the interlocal agreement.
ATTACHMENTS
Draft interlocal agreement
F: AnomryJ.irde,GENERALBCC' Agenda Meworpodgenown Rekaae.doc
135
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (hereinafter "Agreement") is entered into as of the
Effective Date provided for herein by and between INDIAN RIVER COUNTY, a political subdivision
of the State of Florida (hereinafter "COUNTY") and the CITY OF VERO BEACH, a Florida
municipal corporation (hereinafter "CITY") in order to provide for release of certain contractual land
use restrictions encumbering the CITY -owned former Dodgertown nine -hole golf course property and
CITY cooperation and assistance regarding certain roadway improvement projects for Aviation
Boulevard, 43rd Avenue, and State Road 60 in the area of 43`' Avenue. COUNTY and CITY may also
be referred to herein as a "Party" or collectively as the "Parties."
RECITALS:
WHEREAS, on November 17, 2005, the CITY purchased 37+/- acres of real property
commonly known as the former Dodgertown nine -hole golf course (hereinafter "City Property"); and
WHEREAS, on November 17, 2005, the CITY, Los Angeles Dodgers, LLC (hereinafter
"DODGERS") and DT Commons, LLC (hereinafter "DT COMMONS") executed that certain Second
Amendment to the Collateral Development Agreement, recorded on November 17, 2005, which
provided at paragraph 3 that the CITY shall develop the City Property solely as (i) a municipally -
owned public golf course, or (ii) green space, or (iii) park -like setting, or (iv) any combination of the
foregoing three uses (hereinafter "Use Restrictions"); and
WHEREAS, pursuant to said Second Amendment to the Collateral Development Agreement,
the CITY was not to develop and/or permit the use of the City Property for any other use or purpose
whatsoever without the prior written consent of both the Dodgers and the County, which consent could
be granted or denied by either the DODGERS or the COUNTY in the exercise of their respective sole
and absolute discretion; and
WHEREAS, on November 17, 2005, the CITY and the DODGERS executed that certain
Declaration of Covenants, Conditions, and Restrictions, recorded on November 17, 2005, limiting the
City's use of the City Property to the Use Restrictions as stated in the Second Amendment to the
Collateral Development Agreement; and
WHEREAS, in February 2008, the COUNTY succeeded to all interests of the DODGERS in
said Second Amendment to the Collateral Development Agreement and Declaration of Covenants,
Conditions, and Restrictions, as outlined in Article 3 of the Third Amendment to Facility Lease
Agreement dated February 19, 2008, and recorded on March 17, 2008, leaving the COUNTY and the
CITY as the sole parties in interest with respect to the documents as they relate to the City Property;
and
WHEREAS, on June 1, 2011, the COUNTY and the CITY completed an exchange of certain
parcels of land included in the original Collateral Development Agreement, dated and recorded on
August 29, 2001, in order for the COUNTY to develop a cloverleaf ball field on a 11.93 acre parcel
(hereinafter "Cloverleaf Property"); and
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136
WHEREAS, on May 3, 2011, in light of the Use Restrictions in paragraph 3 of the Second
Amendment to Collateral Development Agreement and the COUNTY's reserved right of consent
provided therein to allow other uses, the COUNTY's Board of County Commissioners (hereinafter
"Board") adopted Resolution 2011-34, recorded on August 11, 2011, whereby the COUNTY gave its
written consent to allow the Cloverleaf Property to be developed by the COUNTY into (i) baseball
fields, or (ii) any purpose consistent with the purposes of the baseball facilities as defined in the 2001
Collateral Development Agreement; and
WHEREAS, on June 1, 2011, the COUNTY and the CITY executed the First Amendment to
Declaration of Covenants, Conditions, and Restrictions, recorded on August 11, 2011, to remove the
Use Restrictions on the Cloverleaf Property and transfer such Use Restrictions to the 10.38 acre parcel
the CITY received in that parcel exchange; and
WHEREAS, the COUNTY has planned or is planning certain roadway improvement projects
for Aviation Boulevard, 43rd Avenue, and State Road 60 in the vicinity of 43rd Avenue (hereinafter
collectively "Roadway Projects"), all of which Roadway Projects are in the general vicinity of the City
Property; and
WHEREAS, the City Council of the City of Vero Beach (hereinafter "Council") finds it
desirable and has requested the cooperation and assistance of the COUNTY and the Board to terminate
the Declaration of Covenants, Conditions, and Restrictions and remove from the aforementioned
Board Resolution 2011-34, the Second Amendment to the Collateral Development Agreement, and the
First Amendment to Declaration of Covenants, Conditions, and Restrictions, all language related to
and imposing the Use Restrictions on the City Property; and
WHEREAS, the Board fords desirable and requests the cooperation and assistance of the CITY
and Council in furtherance and accomplishment of the Roadway Projects in an efficient and
economical manner; and
WHEREAS, at its August 19, 2014 Board meeting, the Board directed COUNTY staff to work
with CITY staff on a joint agreement to release and discharge the Use Restrictions encumbering the
City Property; and
WHEREAS, staff from both local governments have worked diligently together to draft the
provisions of this Agreement in order to address and accomplish the purposes and intent hereof; and
WHEREAS, nothing in this Agreement shall modify the rights and obligations of the CITY
and the COUNTY with respect to the Parking License Agreement, dated June 1, 2011, and recorded on
August 11, 2011, and the License Agreement #2010 -LA -0145 for Use of City Real Property (Signs),
between the CITY and MILB Vero Beach, LLC, dated April 5, 2011, and recorded on April 7, 2011;
and
WHEREAS, the Board and the Council have reviewed and duly considered this Agreement
and ford that the provisions contained herein serve important governmental purposes and are in the
best interests of the public,
Page 2 of 6
N:1Client DocACity CounciMgreemeots\Dogertown.Golf.Course\2014.09.25 TrnnUse.Restrlo.Etc.4,6.2015.docx
137
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Parties agree as follows:
A. Adoption of Whereas Clauses.
The foregoing Recitals are true and correct and by this reference are incorporated herein and made a
part hereof.
B. CITY Obligations.
Except as otherwise provided herein, City agrees to perform the following within three (3) months of
the Effective Date of this Agreement:
1) Grant to the COUNTY a 0.20 acre parcel adjacent to 43'd Avenue for additional right of way
(see Exhibit 1, attached hereto and incorporated herein); and
2) Grant the following easements to the COUNTY: (a) easements across the City Property to
provide a drainage connection from Aviation Boulevard (26th Street) and 43'' Avenue to the
Cloverleaf Property pond (see Exhibit 2, attached hereto and made a part hereof); (b) a drainage
easement for that portion of the Cloverleaf Property pond constructed on the City Property (see
Exhibit 3, attached hereto and incorporated herein); and (c) an access easement on certain
portions of the City Property and other City -owned property adjacent to the south property line
of the CITY and COUNTY parcels in accordance with the February 2011 Property Exchange
Agreement executed between the Parties (see Exhibit 4, attached hereto and incorporated
herein); and
3) Dedicate Tract A of Poinsettia Park lying south of Atlantic Boulevard and west of 42nd Avenue
as public right-of-way and provide for it to be used by or transferred to the Florida Department
of Transportation for improvements to State Road 60 (see Exhibit 5, attached hereto and
incorporated herein); and
4) At such time as the CITY shall develop, sell or transfer its interest in or possession of the City
Property, all future site plans and zoning requests shall maintain compatibility with the
COUNTY's baseball facilities and other approved uses on the adjacent County property
consistent with the CITY's land use regulations, and shall be required to meet the approval
standards of Code section 64.10(a) that the site plan be consistent with the pertinent goals,
policies, and objectives of the City Comprehensive Plan. Objective 3 of the Land Use Element
of the City Comprehensive Plan provides for the establishment and maintenance of land
use/development regulations that reduce and prevent land uses that are incompatible with
adjacent development. The definitions of "compatible" and "incompatible to determine
consistency with this objective shall rely upon the definition in the latest edition of the Merriam
Webster Dictionary. As a reviewing agency, COUNTY may provide comments to CITY staff
Page 3 of 6
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138
as part of the CITY development review process, which comments will be included in the staff
report(s) for consideration by the reviewing appointed or elected bodies; and
5) Reconfigure the proposed right-of-way for Aviation Boulevard roadway improvements
between 43rd Avenue and Flight Safety Drive so that no additional right-of-way will be
necessary to be obtained from the property currently owned by DT Commons, LLC located
south of Aviation Boulevard (see Exhibit 6, attached hereto and incorporated herein); and
6) Amend Temporary License Agreement for Use of Vero Beach Municipal Airport Property
dated May 7, 2013 to extend the subject agreement for two (2) additional years, from the
current termination date of May 7, 2015 to May 7, 2017, or whenever permanent Transit Hub
facilities are completed and put into service, whichever is earlier ("Amended Agreement").
Said Amendment shall be executed by CITY prior to May 7, 2015. (see Exhibit 7,
attached hereto and incorporated herein).
C. COUNTY Obligations.
County agrees to perform the following within three (3) months of the Effective Date of this
Agreement:
1) Terminate the Declaration of Covenants, Conditions, and Restrictions, releasing the City
Property from all Use Restrictions; and
2) Amend or otherwise modify Board Resolution 2011-34 and the Second Amendment to
Collateral Development Agreement to release and remove reference to all Use Restrictions on
the City Property; and
3) Grant the CITY a drainage easement ever the Cloverleaf Property pond and outfall in
accordance with the February 2011 Property Exchange Agreement between the parties (see
Exhibit 8, attached hereto and incorporated herein); and
4) Incorporate a "Cure Plan" into the plans for the State Road 60 and 43`d Avenue roadway
widening projects as mutually agreed upon by the CITY, COUNTY, and adjacent property
owners, including but not limited to, extending the driveway connection from the businesses on
Atlantic Boulevard west of 42nd Avenue to connect with Atlantic Boulevard opposite the
driveway to Abbott's Frozen Custard (4140 20th St.), install a new irrigation well to replace the
one currently in Poinsettia Park, and provide landscaping on both sides of the realigned
Atlantic Boulevard at State Road 60 (see Exhibit 9, attached hereto and incorporated herein).
D. Notices. All notices and other formal communications hereunder shall be in writing and
delivered to the recipient Party at its address below:
Page 4 of 6
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139
E.
As to COUNTY:
Indian River County
Attention: County Administrator
1801 27th Street
Vero Beach, FL 32960
As to CITY:
City of Vero Beach
Attention: City Manager
1053 20th Place
P.O. Box 1389
Vero Beach, FL 32961-1389
Miscellaneous Provisions.
1) Subject to the terms and conditions of this Agreement, each of the Parties hereto will take,
or cause to be taken, all action, and to do, or cause to be done, all things necessary,
proper or advisable under applicable Laws to consummate and make effective the intent
and purpose of this Agreement, including, without limitation, from time to time after the
execution and delivery of this Agreement and without further consideration, the Parties
will, at their own expense, execute and deliver such documents to the other Party as such
Party may reasonably request in order to evidence the consummation and
accomplishment of said intent and purpose of this Agreement.
2) This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue for resolution of any dispute arising hereunder shall be in Indian
River County, Florida.
3) This Agreement sets forth all the promises, agreements, conditions, and understandings,
whether oral or written, between the Parties on the subject of this Agreement. No
subsequent alteration, amendment, change, or addition to this Agreement will be binding
on the Parties unless in writing and signed by them and made a part of this Agreement by
direct reference.
4) In the event of any dispute or litigation relating to this Agreement, each party shall pay its
own attorney's fees.
5) The terms of this Agreement shall be binding on the respective successors, contractors,
representatives, agents, and permitted assigns of the Parties. However, neither Party may
assign its rights or obligations hereunder without the prior written consent of the other
Party.
6) This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all which together will constitute one and the same instrument.
F. Effective Date.
This Agreement shall become effective upon execution by both Parties, and after final
written approvals by CITY's bond counsel, and by COUNTY's bond counsel, the cost of
which reviews shall be borne by the respective Parties as to each Party's review.
Page 5 of 6
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140
IN WITNESS WHEREOF, the Parties have caused these presents to be executed in their
names, the day and year entered below.
Attest: Jeffrey R. Smith BOARD OF COUNTY COMMISSIONERS
Clerk of Court
By:
Deputy Clerk
[Seal]
Approved:
Attest
Tammy Vock
City Clerk
[Seal]
INDIAN RIVER COUNTY, FLORIDA
Wesley S. Davis, Chairman
BCC Approved:
Approved as to form and Iegal sufficiency:
Dylan Reingold
County Attorney
CITY OF VERO BEACH, FLORIDA
Richard G. Winger
Mayor
Council Approved:
Approved as to conforming to municipal Approved as to form and legal sufficiency.
policy:
James R. O'Connor Wayne R. Coment
City Manager City Attomey
Page 6 of 6
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141
POINT OF COMMENCEMENT
NW CORNER SECTION 03-33-39
S89'59'13"E
50.00' o
�r
-t
215T LANE
N 00'00' 47"E
750.13'
21ST PLACE
500'00'47"W
1276.01'
B
61
of
THIS SKETCH IS NOT A SURVEY
POINT OF BEGINNING
(RIGHT OF WAY PARCEL)
507'48'44"E
139.55'
19.00'
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SCALE 1"= 100'
CITY OF VERO BEACH
DODGERTOWN PARCEL 3A
PARCEL #32-39-26-00011-0230-00001.1
SUBJECT DEED
(0.20 ACRES FOR ADDITIONAL R/W)
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CITY OF VERO BEACH
DEPARTMENT OF PUBLIC WORKS
SURVEY DIVISION
SKETCH OF PROPERTY DESCRIPTION
DEED OF RIGHT OF WAY
DODGERTOWN PARCEL 3A
SECTION 3-33-39
EXHIBIT "1"
NEV. NO.
MJDIR1CDY
CITY PROJECT NO.
2011-07
Des
DME.H BY t A*11 by
09/20141 WIYDG IMF
142
HOLMAN STADIUM
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SKETCH OF PROPERTY DESCRIPTION
DRAINAGE EASEMENT TO COUNTY
PORTION OF SECTION 03-33-39
OF VERO BEACH
DEPARTMENT OF PUBLIC WORKS
SURVEY DIVISION
4
143
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OODGERTONRIPARCEL 1-A
O.R. BK 1961, PG 955
CRY OF VERO BEACH
—50'
3'_•'.3.28.00011-0730.000013
DOOGERTOWN PARCEL2-A
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CITY DF VERO BEACH
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CITY OF VERO BEACH
SUBJECT EASEMENT
(DRAINAGE)
502'50'58"E
3035'
L=280.76'
R=352.00'
CHD BRG=N25'41'58"W
CHD=273.37'
/ 01
HOLMAN STADIUM
32-38-2x.00011.0230.00001.0
ODOGERTOWN PARCEL 1-C
O.R. OK 1426, PC 555
INDIAN RIVER COMITY
POINT OF BEGINNING
PORTION OF
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CLOVERLEAF' BALLF1ELDS
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CITY DF VERO BEACH
DEPARTMENT OF PUBLIC WORKS
SURVEY DIVISION
SKETCH OF PROPERTY DESCRIPTION
DRAINAGE EASEMENT TO COUNTY
PORTION OF SECTION 03-33-39
EXHIBIT "3"
At11W0SLBY
CITY PROJECT IJ
.011 -EG -098
Dverulr
DATE
DAME DOWN 9Y 1 OESDIPTION
9/20141 DG I MKF
144
INDIAN RIVER COUNTY
PORTION OF
DODGERTOWN PARCEL 3-A
O.R. BK 2517, PG 551
INDIAN RIVER COUNTY
0
7
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DODGERTOWN PARCEL 3A
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7
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POINT OF BEGINNING
S NOT A SURVEY
6
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SKETCH OF PROPERTY DESCRIPTION
ACCESS EASEMENT TO COUNTY
PORTION OF SECTION 03-33-39
OF VERO BEACH
DEPARTMENT
SURVEY DIVISION
145
SCALE 1"= 50'
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SKETCH OF PROPERTY DESCRIPTION
PROPOSED DEDICATION OF RIGHT DF WAY
TRACT A, POINSETTIA PARK
CITY OF VERO BEACH
DEPARTMENT OF PUBLIC WORKS
SURVEY DIVISION
146
�ii /
/ /
/ /
Y
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CITY OF VERO BEACH
PARCEL 32
8
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DT COMMONS LLC
north side of Aviation Boulevard
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EXH I BT "6"
VERO BEACH
SPORTS VILLAGE
147
Exhibit 7
AMENDMENT OF TEMPORARY LICENSE AGREEMENT FOR USE OF
VERO BEACH MUNICIPAL AIRPORT PROPERTY
This Amendment of Temporary License Agreement for Use of Vero Beach Municipal Airport
Property, hereinafter "Amendment," is hereby entered into as of the day of
, 2015, "Effective Date," by the CITY OF VERO BEACH, FLORIDA, a
Florida municipal corporation, whose mailing address is Post Office Box 1389, Vero Beach,
Florida 32961-1389, hereinafter "Licensor," to the BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of
the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960,
hereinafter "Licensee," to allow Licensee to continue to occupy, maintain, and utilize a
designated portion of City Municipal Airport property situated in the State of Florida, County of
Indian River, and City of Vero Beach, pursuant to the Temporary License Agreement for Use of
Vero Beach Municipal Airport Property dated May 7, 2013, "Agreement," attached hereto as
Exhibit A, and incorporated herein by reference, under the terms and conditions listed below.
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor and
Licensee agree as follows:
1. Licensee has requested an amendment to extend Licensee's Agreement for two (2)
additional years, from May 7, 2015 to May 7, 2017 or whenever permanent Transit Hub facilities
are completed and put into service, whichever is earlier, unless the Agreement, as amended, is
terminated or further modified according to the terms and provisions contained within the
Agreement, as amended. This Amendment is expressly conditioned upon Licensor's execution
of the documents described at items C 1) through C 4) of the Interlocal Agreement between
Licensee and Licensor related to Licensor's Dodgertown nine -hole golf course property, entered
into on the day of , 2015. If said documents are not executed by Licensee and
delivered to Licensor within three (3) months of the effective date of said Interlocal Agreement,
this Amendment provided for herein shall terminate.
2 . Licensor hereby grants to Licensee the requested extension outlined in paragraph I, as
conditioned above, and, except as expressly amended by the foregoing, the terms and conditions
of the Agreement shall remain unchanged.
IN WITNESS WHEREOF, the authorized representatives of the parties hereto have
executed this Agreement on the date first above written.
[SIGNATURE PAGES TO FOLLOW)
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148
ATTEST: LICENSOR (CITY OF VERO BEACH):
Tammy K. Vock Richard G. Winger
City Clerk Mayor
[SEAL]
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Date signed:
The foregoing instrument was acknowledged before me this day of
, 2015, on behalf of the City of Vero Beach, Florida by Richard G. Winger, as
Mayor, and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach, Florida. Both
are personally known to me.
NOTARY PUBLIC
Commission No.:
My Commission Expires:
Approved as to form and legal Approved as conforming to municipal
sufficiency: policy:
Wayne R. Convent James R. O'Connor
City Attorney City Manager
Approved as to technical
requirements:
Ericson W. Menger
Airport Director
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149
ATTEST:
Jeffrey R. Smith
Clerk of Court
[SEAL]
Approved as to farm and legal sufficiency:
Dylan Reingold
County Attomey
Approved:
Joseph A. Baird
County Administrator
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
LICENSER (BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA):
Wesley S. Davis, Chairman
The foregoing instrument was acknowledged before me this day of
2015, on behalf of the Board of County Commissioners of Indian River
County, Florida by Wesley Davis, as Chairman, and attested by Jeffrey R. Smith, as Clerk of the
Court. Both are personally known to me.
NOTARY PUBLIC
Commission No.:
My Commission Expires:
Page 3 of 3
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150
Exhibit A
TEMPORARY LICENSE AGREEMENT FOR USE OF
VERO BEACH MUNICIPAL AIRPORT PROPERTY
This Temporary License Agreement for Use of Vero Beach Municipal Airport Property,
hereinafter "Agreement," is hereby granted this 7th day of May , 2013, by the
CITY OF VERO BEACH, FLORIDA, a Florida municipal corporation, whose mailing address
is Post Office Box 1389, Vero Beach, Florida 32961-1389, hereinafter "Licensor," to the
BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a
political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero
Beach, Florida 32960, hereinafter "Licensee," to occupy, maintain, and utilize a designated
portion of City Municipal Airport property situated in the State of Florida, County of Indian
River, and City of Vero Beach, as more fully described in Exhibit A, attached hereto and
incorporated herein by reference, under the terms and conditions listed below. In consideration
of the mutual covenants contained herein, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Licensor and Licensee agree as follows:
1. Licensee has requested permission to use a portion of Pro Flite Drive lying between
Parcels 5 and 6 of the Vero Beach Municipal Airport real property as more fully depicted in
Attachment A, attached hereto and incorporated herein by reference, hereinafter "Licensed
Premises," for the express limited purpose of allowing the Senior Resource Association, Inc.
("SRA"), Licensee's Transit Provider and Licensee's Community Transit Coordinator, to
temporarily utilize the Licensed Premises as a temporary bus and public transportation hub
("Transit Hub") with temporary shelters, temporary restroom facilities, temporary signage and
temporary fencing. Licensee agrees to pay to Licensor the total sum of twenty-five dollars
($25.00) in exchange for the temporary use of the property.
2. Licensor hereby grants to Licensee a non-exclusive license to temporarily occupy, secure,
maintain, and utilize the Licensed Premises pursuant to the terms and conditions of this
Agreement for the limited purposes specified in paragraph 1 above.
3. Licensee, its designated members, officers, leaders, directors, employees, volunteers,
agents, representatives, permitted assigns and subleasees, invitees, guests, and Transit Hub
patrons, under direct supervision of Licensee's authorized supervisory staff, shall have the
limited right to enter upon the Licensed Premises for the sole purposes specified in paragraph 1
above. Licensor and Licensee find that the licensing and the use of the public lands by Licensee
for the purposes stated herein constitute a public use and benefit to the community of Indian
River County by providing a community public transit system.
4. The term of this Agreement and the license granted hereunder shall terminate at the end
of the twenty-fourth (24t11) month from the date this Agreement is fully executed or whenever the
permanent Transit Hub facilities are finalized and available at the 16th Street, Vero Beach, Indian
River County location, whichever is earlier, unless this Agreement is terminated or modified
according to the terms and provisions contained herein.
5. Licensee may terminate this Agreement at any time by providing sixty calendar days
written notice. In the event that a developer provides Licensor with a bonafide plan to develop
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151
the Licensed Premises, which plan is approved by the Airport Commission and the City Council
of the City of Vero Beach, Licensor may terminate this Agreement by providing six months'
notice. Licensor shall assist Licensee with a relocation plan should this Agreement be terminated
pursuant to this paragraph.
(a) If this Agreement is terminated during the term, and unless otherwise
agreed by Licensor, Licensee shall have thirty (30) days to remove or cause the removal
of all temporary shelters, restroom facilities, fencing, signage, persons, motor vehicles,
and other personal property from the Licensed . Premises and repair and clean the
Licensed Premises to a reasonably good condition, substantially similar to the condition
of the Licensed Premises as it was at the effective date of this Agreement, reasonable
wear and tear excluded.
(b) If Licensee fails to remove the temporary structures, fencing, signage,
persons, motor vehicles, and other personal property and/or fails to promptly repair and
clean the Licensed Premises within the time set forth in paragraph 5 (a), above, or within
a time otherwise agreed to by Licensor, or if Licensor has determined that public interest
requires immediate removal, Licensor may complete the removal and repair, or hire a
third party to do so, and Licensee shall bear the cost of such removal or repair and hereby
waives any right to contest Licensor's right of recovery against Licensee.
6. During the term of this Agreement, Licensee, its designated members, officers, leaders,
directors, employees, volunteers, agents, representatives, permitted assignees and subleasees,
invitees, guests and Transit Hub patrons shall not interfere with Airport operations or use of
surrounding roadways or Airport tenant operations. Licensor shall reserve to itself the right to
let, license, or allow use of any other portion of the Vero Beach Municipal Airport for any lawful
purpose, provided such use does not unduly interfere with the Licensee's authorized use of the
Licensed Premises.
7. Licensee shall at all times occupy and use the Licensed Premises and operate its Transit
Hub activities in a safe and efficient manner and in such a manner as not to cause any conflict
with Airport operations or use of surrounding roadways or Airport tenant or other Licensee
operations.
8. Licensee shall not occupy, use, or permit, the occupation or use of the Licensed Premises
or any part thereof, for any unlawful or illegal purpose, nor in such manner as to constitute a
nuisance of any kind, nor for any purpose or in any way in violation of any present or future
federal or state laws, rules, requirements, orders, local ordinances, and/or regulations, and further
agrees that the same shall be used solely for the purposes as stated above.
9. Licensee shall instruct, monitor, and manage its designated members, officers, leaders,
directors, employees, volunteers, agents, representatives, permitted assignees and subleasees,
invitees, guests and Transit Hub patrons to stay inside of the Licensed Premises only, and not to
enter the secured airfield without authorized supervision, or cross any runways, taxiways, or
other adjacent Airport commercial or aviation -related facilities. Licensee hereby confirms the
understanding that any violation of these restrictions could render the individual and the
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organization liable for substantial Federal fines for violations of established Federal Laws and
Regulations applicable to Airport facility access and use.
10. Licensee shall at all times during the term hereof keep all portions of the Licensed
Premises free and clear of trash and debris and all hazardous materials. Upon expiration or
termination of this Agreement and the license, Licensee shall be responsible for and ensure that
the Licensed Premises, together with surrounding adjacent properties or public roadways or
drainage facilities, shall all be cleaned and left in a condition substantially similar to the
condition of the Licensed Premises and other property prior to the Agreement and to the
satisfaction of Licensor.
11. Licensee covenants that, during the term of this License, the Licensee will, at its own
expense, be responsible for maintenance of the Licensed Premises and shall keep in good order
and repair all improvements, and the Licensor will have no responsibility for the maintenance of
the Licensed Premises, including any improvements thereon. Any, temporary restroom facilities
shall be kept in a clean and sanitary condition at all times. At the termination of the term of this
Agreement, Licensee shall have thirty (30) days to remove or cause the removal of all temporary
shelters, restroom facilities, fencing, signage, persons, motor vehicles, and other personal
property from the Licensed Premises and repair and clean the Licensed Premises to a reasonably
good condition, substantially similar to the condition of the Licensed Premises as it was at the
effective date of this Agreement, reasonable wear and tear excluded.
12. Licensee shall be permitted to assign, sublease or transfer any part of this Agreement to
the SRA or Licensee's then current Transit Provider or Community Transportation Coordinator
upon notice to Licensor. Licensee shall not assign, sublease or transfer this Agreement to any
other parties without the written consent of Licensor. Licensee shall not mortgage or otherwise
encumber the Licensed Premises.
13. No later than fifteen (15) business days following the date of execution of this Agreement
and prior to Licensee's use of the Licensed Premises, Licensee shall provide to Licensor a
detailed site plan showing all improvements contemplated under this Agreement, including the
location of the temporary shelters, temporary restroom facilities, temporary signage and
temporary fencing on the Licensed Premises, and any other on-site equipment involved. Such
site plan is subject to the approval of the Licensor.
14. Licensee shall be responsible for and provide all security to maintain safety and control
during the term of the Agreement. Licensee shall be responsible for and comply with all safety
and security provisions or requirements that the Vero Beach Municipal Airport, Vero Beach
Police Department and/or Indian River County Emergency Services deem appropriate for
protecting the public health, safety or welfare. No later than fifteen (15) business days following
the date of the execution of this Agreement and prior to Licensee's use of the Licensed Premises,
and at such other times as Licensor may desire, Licensee shall meet with Licensor and
representatives of the Vero Beach Municipal Airport, Vero Beach Police Department and/or
Indian River County Emergency Services and shall provide detailed plans and description of
security and traffic control measures to be taken by Licensee during the term of this Agreement.
Licensee shall be responsible for and provide supervision of the Transit Hub vehicular activity
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153
for or associated with the Agreement to preclude impeding emergency vehicle traffic. Licensor
and Licensee shall work together to assure that the plans are sufficient to meet the health, safety,
and welfare requirements of the public and to minimize potential for interruption of access to, or
operations of the Vero Beach Municipal Airport. Included with the above -referenced plans and
schedules shall be the daily anticipated routing schedule of the Transit Hub bus activity and an
estimate of the number of participants and invitees, guests or Transit Hub patrons anticipated to
utilize the Licensed Premises.
15. Except as provided in this Agreement, Licensee shall not make improvements to the
Licensed Premises without the express written permission of Licensor.
16. To the extent allowed by law, Licensee hereby releases and shall indemnify and hold
Licensor harmless from and against any and all liabilities, claims, demands, damages, actions,
lawsuits, judgments, penalties, losses, costs, or expenses, of any kind or nature, including, but
not limited to, costs of investigation and attorneys' fees and costs through trial and appeal,
arising out of, incidental to, or in any way connected with the condition of the Licensed
Premises, to the extent that such condition arises out of or is caused by Licensee's use or
occupation of the Licensed Premises and is not caused by the negligence or is the fault of the
Licensor.
17. Commercial General Liability Insurance. During the term of this Agreement, or so long
as Licensee is in possession of the Leased Premises, Licensee shall procure, maintain and pay for
commercial general liability insurance and automobile liability insurance providing coverage
which protects Licensee and Licensor, from any and all claims and liabilities for bodily injury
and property damage arising from operations, premises, fire, and other related issues. Such
insurance coverage shall have a combined single limit of not Less than $1,000,000.00. The
insurance policy shall name Licensor as an insured and shall be endorsed to include provisions
for at least thirty (30) days advance notice to Licensor by the insurer prior to any policy change,
amendment, termination, or expiration of coverage. Licensee shall direct its insurance agent to
provide Licensor with a policy, a copy of the additional insured endorsement containing
language no less restrictive than ISO Form CG 20 10 07 04 or ISO CG 20 33 07 04, and a
certificate of insurance stating that the coverages as provided herein are in force prior to the
commencement date of this Agreement. Licensee's insurance shall be primary and any other
insurance that may be maintained by the City shall be in excess of and shall not contribute with
Licensee's insurance.
18. Licensee agrees and acknowledges that this Agreement provides Licensee with no
leasehold or other property interest, and allows the use of the Licensed Premises only for the
purposes stated herein, at Licensor's sufferance. Licensee shall ensure that Licensee's use of the
Licensed Premises will not unduly interfere with Licensor's use of said property.
19. Notice. Any notices which are required, or which either party may desire to serve upon
the other, shall be in writing and shall be deemed served when hand delivered, or when actually
received via U.S. Mail, postage prepaid, return receipt requested, addressed:
To Licensee at:
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154
Indian River County
Attn: Public Works Director
1801 27th Street
Vero Beach, Florida 32960
To Licensor at:
City of Vero Beach
Attn: City Manager
1053 20th Place
P.O. Box 1389
Vero Beach, Florida 32961-1389
These addresses may be changed by either party by providing written notification to the other.
20. This Agreement is made in the State of Florida and shall be governed by Florida law.
Venue for resolution of any dispute arising hereunder shall be in. Indian River County, Florida.
This is the entire written agreement between the parties and may not be modified or amended
except by a written document signed by both parties.
21. The terms of this Agreement shall be binding on the respective successors, contractors,
representatives, agents and assigns of the parties.
22. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original and all which together will constitute one and the same instrument.
23. In the event there arises any dispute or litigation over the terms and conditions of this
Agreement or Licensee's occupancy or use of the Licensed Premises each party shall be
responsible for its own attorneys' fees, costs and suit money expended to resolve that dispute.
(The remainder of this page is Zeit blank intentionally.)
Page 5 of 7
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155
IN WITNESS WHEREOF, the authorized representatives of the parties hereto have
executed this Agreement on the date first above written.
ATTEST:
Sign: d
Tammy K.
City Clerk
[SEAL]
LICENSOR (CITY OF VERO BEACH):
U Sign:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
A. Craig Fletcher
Mayor
Date signed: I
The foregoing instrument was acknowledged before me this / 5' day of
1"Yl , 2013, on behalf of the City of Vero Beach, Florida by A. Craig Fletcher, as
Mayor, and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach, Florida_ Both
are personally known to me.
NOTARY PUBLIC
Commission No.:
My Commission Expires:
Approved as to form and legal
s
ciency:
w
Cit
R. Coment
ttomey
Approved as to technical
requirements:
Ericson W. Meager
Airport Director
Approved as conforming to municipal
policy:
es R O'Connor
City Manager
Page 6 of 7
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156
BOARD OF COUNTY COMMISSIONS OF INDIAN RIVER COUNTY, FLORIDA
Licensee
Al"1'hST:
By:
CLERK IRCUIT COURT
BOARD OF COUNTY COMIvfISSIONERS •„•,,„ ,„„„
OF INDIAN RIVER COUNTY, FLORIDA,. � 1 1.PNi
,
•a:
[SEAL]
Approved as to form and legal sufficiency:
iIV(�f.�(A
Alan S. Polar ch Sr.
Approved:
4
•
seph A. Baird
ounty Administrator
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
seph E. Flescher, Chairman
The foregoing instrument was acknowledged before me this ? day of
Ql , 2013, on behalf of the Board of County Commissioners of Indian River
Count Florida by Joseph E. Flescher, as Chairman, and attested by Jeffrey R. Smith, as Clerk
of the Court. Both are personally known to me_
Aa
ARY PUB I•
Commission No.:
My Commission Expires:
�•,°;'.,'akt LAURA E. VASQUEZ
WY COIIhMN I EE 123140
EXPIRES:August18,2015
,se BodesTau eusleiMay Unica
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157
Property Description
Vero Beach Airport Right of Way
(#2013 -LA -212)
April 15, 2013
EXHIBIT "A"
PROPERTY DESCRIPTION
LICENSE TO USE CITY RIGHT OF WAY 2013 -LA -212
VERO BEACH MUNICIPAL AIRPORT
Situated in the State of Florida, County of Indian River, City of Vero Beach, and
being a part of Section 34, Township 32 South, Range 39 East and being more
particularly bounded and described as follows:
All of the Pro-Flite Drive right of way lying between Airport Drive and Piper Drive;
Containing 49,500 square feet or 1.14 acres more or Tess.
David R. Gay, PSMft5973
S:1Property DescripUons1201312013-LA-212 Airport RW_ Apr 15 2013.doc
Sheet 1 of 2
158
'3N1 '1dddJ2i1d d3dld M3N 3Wl
9n1Ja ' L did
VERO BEACH MUNICIPAL AIRPORT
PARCEL 6
cc
CO
o w !
0
cc
Cl_
IFS
PRO FLITE DRIVE
LICENSE AREA
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EXHIBIT "9"
161
BCC AGENDA
April 14, 2015
ITEM 14.B (1)
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: April 8, 2015
SUBJECT: Auditor General and FMPA
FROM: Commissioner Bob Solari
A couple of FMPA issues:
1. The last sentence of the March 31, 2015 letter from the Auditor General's
office to Mr. Reingold, states that the valuation of FMPA's generation
assets would be, if directed by the Legislature, "the objective of a separate
engagement." It has been suggested that such a valuation would be in the
interests of all the customers of all the municipalities involved with the
FMPA and especially the customers of the COVB electric utility system. I
would like the Board to consider whether it would like to ask the
Legislature to direct the Auditor General to make such a valuation.
2. The Joint Legislature Audit Committee meeting of March 30th, 2015
covering FMPA's response to the audit by the Auditor General was
enlightening. Would the BCC like to make it available on the County's
website?
Thank you.
162
DAVID W. MARTIN, CPA
AUDITOR GENERAL
AUDITOR GENERAL
STATE OF FLORIDA
401 Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
March 31, 2015
Dylan Reingold
County Attorney
Indian River County Board of County Commissioners
1801 27`'' Street
Vero Beach, FL 32960-3365
Dear Mr. Reingold:
PHONE: 850-412-2722
FAx: 850-488-6975
APR 0 6 2015
Thank you for your sharing your thoughts regarding the preliminary and tentative findings from our audit of
the Florida Municipal Power Agency (FMPA) and providing us with County Resolution 2015-027.
The directive to perform this audit, as indicated in proviso language for Specific Appropriation 2685 in
Chapter 2014-51, Laws of Florida, was to "analyze all revenues, expenditures, administrative costs, bond
agreements, contracts, and employment records, and provide a complete review of the rates of the entities."
Additionally, as a part of the audit, we conducted risk assessments and considered the concerns expressed
by interested parties in setting the scope and objectives of the audit. We believe our audit satisfies the
directive and addresses related key issues of concern.
Performing a valuation of business assets of the FMPA falls outside the scope and objectives of our audit.
Such a valuation of electric utility assets if directed by the Legislature would be the objective of a separate
engagement.
Sincerely,
Marilyn D. Rosetti
Audit Manager
Local Government Reviews and Special Audit
163
I (-16- I
y-1+aoi5
Dear Chairman Abruzzo?:
On behalf of the Board of County Commissioners and the citizens of Indian River
County I would like to thank you and the Joint Legislative Auditing Committee for
your recent review of the Auditor General's audit of the Florida Municipal Power
Agency (FMPA). Your interest in this issue was very gratifying for those of us in
Indian River County who consider this to be a crucial issue for the economic health
of our community.
Senator Simpson was correct in asking why FMPA would not simply set a price. In
Indian River County we agree with Senator Simpson's implied answer to his own
question, which was well stated in the Florida Tax Watch report, requested by
Representative Mayfield,"An Analysis of the Florida Municipal Power Agency
Audit",: "Members should be able to exit with reasonable and predictable exit costs
to best serve their customers."
Indian River would support the efforts of the Joint Legislative Auditing Committee
to seek the implementation of the five actions "necessary to make sure FMPA
member municipalities receive cost-effective power generation and services." We
believe that a necessary first step would be to obtain a valuation of both FMPA's
generation assets and of FMPA as an ongoing business.
We understand that this is a complicated and difficult issue and are therefore very
appreciative of all your efforts as you work to refocus FMPA's efforts from serving
the FMPA bureaucracy to serving the needs of our citizens. Please let us know if
there is anything that we can do to help you and the JLAC committee as you move
forward with this matter.
Sincerely,
Chairman Wesley Davis
BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis
Chairman
District 1
Bob Solari
Vice Chairman
District 5
April 16, 2015
Representative Cynthia A. Stafford
1003 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
Dear Honorable Representative Stafford,
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bryan
District 4
On behalf of the Board of County Commissioners and the citizens of Indian River County, I
would like to thank you and the Joint Legislative Auditing Committee for your recent review of
the Auditor General's audit of the Florida Municipal Power Agency (FMPA). Your interest in this
issue was very gratifying for those of us in Indian River County who consider this to be a crucial
issue for the economic health of our community.
Senator Simpson was correct in asking why FMPA would not simply set an exit price. In Indian
River County, we agree with Senator Simpson's implied answer to his own question, which was
well stated in the Florida Tax Watch report, requested by Representative Mayfield, "An Analysis
of the Florida Municipal Power Agency Audit": "Members should be able to exit with
reasonable and predictable exit costs to best serve their customers."
Indian River would support the efforts of the Joint Legislative Auditing Committee to seek the
implementation of the five actions outlined in the Florida Tax Watch report, "necessary to
make sure FMPA member municipalities receive cost-effective power generation and
services." We believe a necessary first step would be to obtain a valuation of both FMPA's
generation assets and of FMPA as an ongoing business.
We understand this is a complicated and difficult issue and are therefore very appreciative of all
your efforts as you work to refocus FMPA's efforts from serving the FMPA bureaucracy to
serving the needs of our citizens. Please let us know if there is anything we can do to help you
and the JLAC committee as you move forward with this matter.
Sincerely,
Wesley S. Davis
Chairman
WSD:mip
cc: Joint Legislative Auditing Committee
1801 27th Street, Building A
Vero Beach, FL 32960
(772) 226-1490
BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis
Chairman
District 1
Bob Solari
Vice Chairman
District 5
Dominic M. Calabro
Florida TaxWatch
106 N. Bronough St.
Tallahassee, FL 32301
April 16, 2015
RE: Florida Municipal Power Agency
Dear Mr. Calabro,
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bryan
District 4
On behalf of the Indian River County Board of County Commissioners, I want to thank
you and Florida TaxWatch for analyzing the Florida Auditor General's audit of the
Florida Municipal Power Agency. The Florida Auditor General audit and the Florida
TaxWatch report, "An Analysis of the Florida Municipal Power Agency Audit" were both
critical in bringing to light the troubling practices of this unaccountable bureaucracy.
The Board of County Commissioners agrees with the conclusions and
recommendations set forth in your report. Please let us know what we can do in making
sure those recommendations are implemented so that the Florida Municipal Power
Agency is transparent and accountable to the customers of Florida.
Best regards,
Wesley S. Davis
Chairman
WSD:mIp
1801 27r'' Street, Building A
Vero Beach, FL 32960
(772) 226-1490
BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis
Chairman
District 1
Bob Solari
Vice Chairman
District 5
Representative Daniel D. Raulerson
300 House Office Building
402 South Monroe Street
Tallahassee, FL 32399
April 16, 2015
Dear Honorable Representative Raulerson,
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bryan
District 4
On behalf of the Board of County Commissioners and the citizens of Indian River County, I
would like to thank you and the Joint Legislative Auditing Committee for your recent review of
the Auditor General's audit of the Florida Municipal Power Agency (FMPA). Your interest in this
issue was very gratifying for those of us in Indian River County who consider this to be a crucial
issue for the economic health of our community.
Senator Simpson was correct in asking why FMPA would not simply set an exit price. In Indian
River County, we agree with Senator Simpson's implied answer to his own question, which was
well stated in the Florida Tax Watch report, requested by Representative Mayfield, "An Analysis
of the Florida Municipal Power Agency Audit": "Members should be able to exit with
reasonable and predictable exit costs to best serve their customers."
Indian River would support the efforts of the Joint Legislative Auditing Committee to seek the
implementation of the five actions outlined in the Florida Tax Watch report, "necessary to
make sure FMPA member municipalities receive cost-effective power generation and
services." We believe a necessary first step would be to obtain a valuation of both FMPA's
generation assets and of FMPA as an ongoing business.
We understand this is a complicated and difficult issue and are therefore very appreciative of all
your efforts as you work to refocus FMPA's efforts from serving the FMPA bureaucracy to
serving the needs of our citizens. Please let us know if there is anything we can do to help you
and the JLAC committee as you move forward with this matter.
Sincerely,
Wesley S. Davis
Chairman
WSD:mlp
cc: Joint Legislative Auditing Committee
1801 27th Street, Building A
Vero Beach, FL 32960
(772) 226-1490
BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis
Chairman
District 1
Bob Solari
Vice Chairman
District 5
Senator Joseph Abruzzo
222 Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
Dear Honorable Senator Abruzzo,
April 16, 2015
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bryan
District 4
On behalf of the Board of County Commissioners and the citizens of Indian River County, I
would like to thank you and the Joint Legislative Auditing Committee for your recent review of
the Auditor General's audit of the Florida Municipal Power Agency (FMPA). Your interest in this
issue was very gratifying for those of us in Indian River County who consider this to be a crucial
issue for the economic health of our community.
Senator Simpson was correct in asking why FMPA would not simply set an exit price. In Indian
River County, we agree with Senator Simpson's implied answer to his own question, which was
well stated in the Florida Tax Watch report, requested by Representative Mayfield, "An Analysis
of the Florida Municipal Power Agency Audit": "Members should be able to exit with
reasonable and predictable exit costs to best serve their customers."
Indian River would support the efforts of the Joint Legislative Auditing Committee to seek the
implementation of the five actions outlined in the Florida Tax Watch report, "necessary to
make sure FMPA member municipalities receive cost-effective power generation and
services." We believe a necessary first step would be to obtain a valuation of both FMPA's
generation assets and of FMPA as an ongoing business.
We understand this is a complicated and difficult issue and are therefore very appreciative of all
your efforts as you work to refocus FMPA's efforts from serving the FMPA bureaucracy to
serving the needs of our citizens. Please let us know if there is anything we can do to help you
and the JLAC committee as you move forward with this matter.
Sincere) ,
Wesley S. Davis
Chairman
WSD:mlp
cc: Joint Legislative Auditing Committee
1801 27th Street, Building A
Vero Beach, FL 32960
(772) 226-1490
BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis
Chairman
District 1
Bob Solari
Vice Chairman
District 5
April 16, 2015
Senator Lizbeth Benacquisto
326 Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
Dear Honorable Senator Benacquisto,
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bryan
District 4
On behalf of the Board of County Commissioners and the citizens of Indian River County,
would like to thank you and the Joint Legislative Auditing Committee for your recent review of
the Auditor General's audit of the Florida Municipal Power Agency (FMPA). Your interest in this
issue was very gratifying for those of us in Indian River County who consider this to be a crucial
issue for the economic health of our community.
Senator Simpson was correct in asking why FMPA would not simply set an exit price. In Indian
River County, we agree with Senator Simpson's implied answer to his own question, which was
well stated in the Florida Tax Watch report, requested by Representative Mayfield, "An Analysis
of the Florida Municipal Power Agency Audit": "Members should be able to exit with
reasonable and predictable exit costs to best serve their customers."
Indian River would support the efforts of the Joint Legislative Auditing Committee to seek the
implementation of the five actions outlined in the Florida Tax Watch report, "necessary to
make sure FMPA member municipalities receive cost-effective power generation and
services." We believe a necessary first step would be to obtain a valuation of both FMPA's
generation assets and of FMPA as an ongoing business.
We understand this is a complicated and difficult issue and are therefore very appreciative of all
your efforts as you work to refocus FMPA's efforts from serving the FMPA bureaucracy to
serving the needs of our citizens. Please let us know if there is anything we can do to help you
and the JLAC committee as you move forward with this matter.
Sincerely,
Wesley S. Davis
Chairman
WSD:mlp
cc: Joint Legislative Auditing Committee
1801 27th Street, Building A
Vero Beach, FL 32960
(772) 226-1490
BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis
Chairman
District 1
Bob Solari
Vice Chairman
District 5
Senator Rob Bradley
208 Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
Dear Honorable Senator Bradley,
April 16, 2015
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bryan
District 4
On behalf of the Board of County Commissioners and the citizens of Indian River County, I
would like to thank you and the Joint Legislative Auditing Committee for your recent review of
the Auditor General's audit of the Florida Municipal Power Agency (FMPA). Your interest in this
issue was very gratifying for those of us in Indian River County who consider this to be a crucial
issue for the economic health of our community.
Senator Simpson was correct in asking why FMPA would not simply set an exit price. In Indian
River County, we agree with Senator Simpson's implied answer to his own question, which was
well stated in the Florida Tax Watch report, requested by Representative Mayfield, "An Analysis
of the Florida Municipal Power Agency Audit": "Members should be able to exit with
reasonable and predictable exit costs to best serve their customers."
Indian River would support the efforts of the Joint Legislative Auditing Committee to seek the
implementation of the five actions outlined in the Florida Tax Watch report, "necessary to
make sure FMPA member municipalities receive cost-effective power generation and
services." We believe a necessary first step would be to obtain a valuation of both FMPA's
generation assets and of FMPA as an ongoing business.
We understand this is a complicated and difficult issue and are therefore very appreciative of all
your efforts as you work to refocus FMPA's efforts from serving the FMPA bureaucracy to
serving the needs of our citizens. Please let us know if there is anything we can do to help you
and the JLAC committee as you move forward with this matter.
Sincerely,
phi
Wesley S. S. Davis
Chairman
WSD:mlp
cc: Joint Legislative Auditing Committee
1801 27th Street, Building A
Vero Beach, FL 32960
(772) 226-1490
BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis
Chairman
District 1
Bob Solari
Vice Chairman
District 5
Senator Wilton Simpson
322 Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
Dear Honorable Senator Simpson,
April 16, 2015
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Brijan
District 4
On behalf of the Board of County Commissioners and the citizens of Indian River County, I
would like to thank you and the Joint Legislative Auditing Committee for your recent review of
the Auditor General's audit of the Florida Municipal Power Agency (FMPA). Your interest in this
issue was very gratifying for those of us in Indian River County who consider this to be a crucial
issue for the economic health of our community.
Senator Simpson was correct in asking why FMPA would not simply set an exit price. In Indian
River County, we agree with Senator Simpson's implied answer to his own question, which was
well stated in the Florida Tax Watch report, requested by Representative Mayfield, "An Analysis
of the Florida Municipal Power Agency Audit": "Members should be able to exit with
reasonable and predictable exit costs to best serve their customers."
Indian River would support the efforts of the Joint Legislative Auditing Committee to seek the
implementation of the five actions outlined in the Florida Tax Watch report, "necessary to
make sure FMPA member municipalities receive cost-effective power generation and
services." We believe a necessary first step would be to obtain a valuation of both FMPA's
generation assets and of FMPA as an ongoing business.
We understand this is a complicated and difficult issue and are therefore very appreciative of all
your efforts as you work to refocus FMPA's efforts from serving the FMPA bureaucracy to
serving the needs of our citizens. Please let us know if there is anything we can do to help you
and the JLAC committee as you move forward with this matter.
Sincerely,
Wesley S. Davis
Chairman
WSD:mlp
cc: Joint Legislative Auditing Committee
1801 27th Street, Building A
Vero Beach, FL 32960
(772) 226-1490
BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis
Chairman
District 1
Bob Solari
Vice Chairman
District 5
Senator Audrey Gibson
205 Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
Dear Honorable Senator Gibson,
April 16, 2015
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bryan
District 4
On behalf of the Board of County Commissioners and the citizens of Indian River County, I
would like to thank you and the Joint Legislative Auditing Committee for your recent review of
the Auditor General's audit of the Florida Municipal Power Agency (FMPA). Your interest in this
issue was very gratifying for those of us in Indian River County who consider this to be a crucial
issue for the economic health of our community.
Senator Simpson was correct in asking why FMPA would not simply set an exit price. In Indian
River County, we agree with Senator Simpson's implied answer to his own question, which was
well stated in the Florida Tax Watch report, requested by Representative Mayfield, "An Analysis
of the Florida Municipal Power Agency Audit": "Members should be able to exit with
reasonable and predictable exit costs to best serve their customers."
Indian River would support the efforts of the Joint Legislative Auditing Committee to seek the
implementation of the five actions outlined in the Florida Tax Watch report, "necessary to
make sure FMPA member municipalities receive cost-effective power generation and
services." We believe a necessary first step would be to obtain a valuation of both FMPA's
generation assets and of FMPA as an ongoing business.
We understand this is a complicated and difficult issue and are therefore very appreciative of all
your efforts, as you work to refocus FMPA's efforts from serving the FMPA bureaucracy to
serving the needs of our citizens. Please let us know if there is anything we can do to help you
and the JLAC committee as you move forward with this matter.
Sincerely,
Wesley S. Davis
Chairman
WSD:mlp
cc: Joint Legislative Auditing Committee
.1801 27th Street, Building A
Vero Beach, FL 32960
(772) 226-1490
BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis
Chairman
District 1
Bob Solari
Vice Chairman
District 5
Representative Debbie Mayfield
1053 20th Place
Vero Beach, FL 32960
Dear Debbie,
(4---cavu*
April 16, 2015
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bryan
District 4
On behalf of the Board of County Commissioners and the citizens of Indian River County, I
would like to thank you and the Joint Legislative Auditing Committee for your recent review of
the Auditor General's audit of the Florida Municipal Power Agency (FMPA). Your interest in this
issue was very gratifying for those of us in Indian River County who consider this to be a crucial
issue for the economic health of our community.
Senator Simpson was correct in asking why FMPA would not simply set an exit price. In Indian
River County, we agree with Senator Simpson's implied answer to his own question, which was
well stated in the Florida Tax Watch report, requested by Representative Mayfield, "An Analysis
of the Florida Municipal Power Agency Audit": "Members should be able to exit with
reasonable and predictable exit costs to best serve their customers."
Indian River would support the efforts of the Joint Legislative Auditing Committee to seek the
implementation of the five actions outlined in the Florida Tax Watch report, "necessary to
make sure FMPA member municipalities receive cost-effective power generation and
services." We believe a necessary first step would be to obtain a valuation of both FMPA's
generation assets and of FMPA as an ongoing business.
We understand this is a complicated and difficult issue and are therefore very appreciative of all
your efforts as you work to refocus FMPA's efforts from serving the FMPA bureaucracy to
serving the needs of our citizens. Please let us know if there is anything we can do to help you
and the JLAC committee as you move forward with this matter.
Sincerely,
Wesley S. Davis
Chairman
WSD:mlp
cc: Joint Legislative Auditing Committee
180127th Street, Building A
Vero Beach, FL 32960
(772) 226-1490
BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis
Chairman
District 1
Bob Solari
Vice Chairman
District 5
Representative Amanda Murphy
1402 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
April 16, 2015
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bryan
District 4
Dear Honorable Representative Murphy,
On behalf of the Board of County Commissioners and the citizens of Indian River County, I
would like to thank you and the Joint Legislative Auditing Committee for your recent review of
the Auditor General's audit of the Florida Municipal Power Agency (FMPA). Your interest in this
issue was very gratifying for those of us in Indian River County who consider this to be a crucial
issue for the economic health of our community.
Senator Simpson was correct in asking why FMPA would not simply set an exit price. In Indian
River County, we agree with Senator Simpson's implied answer to his own question, which was
well stated in the Florida Tax Watch report, requested by Representative Mayfield, "An Analysis
of the Florida Municipal Power Agency Audit": "Members should be able to exit with
reasonable and predictable exit costs to best serve their customers."
Indian River would support the efforts of the Joint Legislative Auditing Committee to seek the
implementation of the five actions outlined in the Florida Tax Watch report, "necessary to
make sure FMPA member municipalities receive cost-effective power generation and
services." We believe a necessary first step would be to obtain a valuation of both FMPA's
generation assets and of FMPA as an ongoing business.
We understand this is a complicated and difficult issue and are therefore very appreciative of all
your efforts as you work to refocus FMPA's efforts from serving the FMPA bureaucracy to
serving the needs of our citizens. Please let us know if there is anything we can do to help you
and the JLAC committee as you move forward with this matter.
Sincerely,
Wesley S. Davis
Chairman
WSD:mlp
cc: Joint Legislative Auditing Committee
1801 27th Street, Building A
Vero Beach, FL 32960
(772) 226-1490
Wesley S. Davis
Chairman
District 1
Bob Solari
Vice Chairman
District 5
BOARD OF COUNTY COMMISSIONERS
April 16, 2015
Representative Ray Wesley Rodrigues
317 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
Dear Honorable Representative Rodrigues,
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bryan
District 4
On behalf of the Board of County Commissioners and the citizens of Indian River County, I
would like to thank you and the Joint Legislative Auditing Committee for your recent review of
the Auditor General's audit of the Florida Municipal Power Agency (FMPA). Your interest in this
issue was very gratifying for those of us in Indian River County who consider this to be a crucial
issue for the economic health of our community.
Senator Simpson was correct in asking why FMPA would not simply set an exit price. In Indian
River County, we agree with Senator Simpson's implied answer to his own question, which was
well stated in the Florida Tax Watch report, requested by Representative Mayfield, "An Analysis
of the Florida Municipal Power Agency Audit": "Members should be able to exit with
reasonable and predictable exit costs to best serve their customers."
Indian River would support the efforts of the Joint Legislative Auditing Committee to seek the
implementation of the five actions outlined in the Florida Tax Watch report, "necessary to
make sure FMPA member municipalities receive cost-effective power generation and
services." We believe a necessary first step would be to obtain a valuation of both FMPA's
generation assets and of FMPA as an ongoing business.
We understand this is a complicated and difficult issue and are therefore very appreciative of all
your efforts as you work to refocus FMPA's efforts from serving the FMPA bureaucracy to
serving the needs of our citizens. Please let us know if there is anything we can do to help you
and the JLAC committee as you move forward with this matter.
Sincerely,
Wesley S. Davis
Chairman
WSD:mlp
cc: Joint Legislative Auditing Committee
1801 27th Street, Building A
Vero Beach, FL 32960
(772) 226-1490
April 14, 2015
Emergency Item
Commissioners Matters 14.D.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: April 13, 2015
SUBJECT: Medicaid Cap
FROM: Peter O'Bryan
Commissioner, District 4
Request Board discussion regarding a resolution to the FL Legislature to establish
a 3% cap on the growth in individual county Medicaid costs.
Thank you.
Peter D. O'Bryan
T(J O110-► b(:ULI'--L
From: Susan Harbin <cragin@fl-counties.ccsend.com> on behalf of Susan Harbin
<cmosteller@fl-counties.com>
Sent: Monday, April 13, 2015 2:19 PM
To: Peter D. O'Bryan
Subject: ACTION ALERT: Ask for a Medicaid Cap
ACTION
ALERT!
Ask Legislators for a Cap on growth in individual
Medicaid costs due to address the anticipated cost
shifts that result from the transition to a Medicaid
enrolle based cost-sharing system
$4.6 million will protect counties from exorbitant growth
In 2013 legislative changes brought about
many improvements to the county -state
Medicaid cost sharing relationship;
however, a number of Florida counties will
end up shouldering too large a burden,
particularly during the transition period.
Thus, FAC supports the establishment of a
reasonable annual growth rate cap of three
percent to protect those counties that are
disproportionately affected. FAC estimates
1
10(p
that a three percent growth cap will only reduce the FY 15-16 total county
contribution of $280.7 million by approximately 1.6 percent, which amounts to
$4.6 million.
In addition to calling legislators, FAC encourages your county to pass a resolution
supporting a cap on Medicaid. To view a sample resolution please click below:
SAMPLE COUNTY MEDICAID RESOLUTION
Counties that would benefit from the cap!
County
Next Years Growth Rate
FY 14/15 to FY 15/16
Santa Rosa
69.03%
Lafayette
44.49%
Hendry
40.67%
Hardee
37.66%
Martin
29.28%
Putnam
27.12%
Madison
25.25%
Sumter
24.98%
Bay
22.77%
Hamilton
20.34%
Gulf
18.19%
Jackson
16.95%
Okaloosa
16.19%
Washington
15.77%
Suwanee
14.23%
Monroe
13.83%
Baker
12.63%
Bradford
11.06%
Lee
10.65%
Nassau
10.08%
Gadsden
8.67%
Marion
8.31%
Indian River
7.89%
Highlands
7.83%
Citrus
6.66%
St. Lucie
6.58%
Holmes
6.52%
Volusia
6.46%
Charlotte
6.37%
Clay
6.37%
Flagler
6.02%
Alachua
5.80%
Escambia
5.22%
Desoto
4.83%
Osceola
4.41%
Union
3.98%
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Florida Association of Counties j c/o Florida Association of Counties 1 100 South Monroe Street j Tallahassee 1 FL 1
32301
3
168
RESOLUTION NO. 2015 -
WHEREAS, Florida counties have been required to participate in a Medicaid cost-
sharing relationship with the state since 1972; and
WHEREAS, during the 2013 Legislative Session, SB 1520 passed changing the way
counties are charged for their portion of costs — eliminating the monthly billing process and
establishing a formula -based county Medicaid contribution; and
WHEREAS, for the two years following the passage of SB 1520, the total county
contribution and each county's percentage share of the total county contribution have been fixed
in statute; and
WHEREAS, beginning in FY 2015-16, the individual county percentage shares will
begin a four-year transition period to an enrollment based formula - after which each county's
share will be based solely on each its respective share of the state's Medicaid enrollees; and
WHEREAS, this formula shift has a significant range of impact on the 67 counties.
Some counties will see their costs go down over or remain relatively stable over the transition
period, while others are expected to experience significant, and unsustainable, growth in their
mandatory Medicaid costs; and
WHEREAS, Santa Rosa County, with a growth rate of 69.03%, will end up shouldering
too large a burden particularly during the transition period; and
WHEREAS, the Florida Legislature is requested to establish an annual growth rate cap
of three percent (3%) to protect those counties that are disproportionately affected.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF SANTA ROSA COUNTY, THAT:
The County of Santa Rosa supports establishing a 3% cap on growth in individual county
Medicaid costs under Section 409.915, F.S., to address the anticipated cost shifts that result from
the transition to a Medicaid enrollee based cost-sharing system.
PASSED AND ADOPTED by the Santa Rosa County Board of County Commissioners,
on a vote of _ yeas, and _ nays, and _ absent, in regular session, this _ day of April, 2015.
ATTEST:
CLERK OF COURT
BOARD OF COUNTY COMMISSIONERS
SANTA ROSA COUNTY, FLORIDA
BY:
CHAIRMAN
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