HomeMy WebLinkAbout06/09/2015 (3) 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT PAGE
REQUIRING BOARD ACTION
A. CarFit Safety Event, Wednesday, June 17, 2015 — Safety is Golden Mobility
Fair at City of Vero Beach Community Center 1
B. Florida Public Service Commission Notice of Consummating Order PSC-15-
0230-CO-EI is available for review in the Office of the Clerk to the Board ---
8. CONSENT AGENDA
A. Approval of Warrants—May 22, 2015 to May 28, 2015
(memorandum dated May 28, 2015) 2-9
B. Renewal of Maintenance Agreement at Sandridge Golf Club
(memorandum dated May 30, 2015) 10-26
C. LF2/MCP Harbor Point LP's Request for Final Plat Approval for a
Commercial Subdivision to be known as Harbor Point
(memorandum dated June 1, 2015) 27-35
D. Approval of Change Order No. 2 to a Contract with Summerlin's Marine
Construction, LLC for Boat Dock Repair / Replacement at the Jones's Pier
Conservation Area
(memorandum dated June 2, 2015) 36-39
E. Request for Approval to Enter into a Public Transportation Joint
Participation Agreement (JPA) with the Florida Department of
Transportation(FDOT) for a Commuter Assistance Grant
(memorandum dated May 27, 2015) 40-69
F. City of Vero Beach Marina Bus Shelter Agreement
(memorandum dated June 3, 2015) 70-76
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Ordinance Eliminating Sunset of Ordinance Amending Section
300.02 (Prohibited hours of sale, service and consumption)
(memorandum dated May 26, 2015) 77-81
Legislative
June 9,2015 Page 2 of 5
10. PUBLIC ITEMS PAGE
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
None
C. General Services
None
1. Human Services
None
2. Sandridge Golf Club
None
3. Recreation
None
D. Human Resources
None
E. Office of Management and Budget
1. Tourist Development Council 2015/2016 Budget Recommendations
(memorandum dated May 28, 2015) 82-84
June 9,2015 Page 3 of 5
12. DEPARTMENTAL MATTERS PAGE
F. Public Works
1. Resolutions for Asphalt Millings Improvements and to set a Public
Hearing for 9th Lane Petition Millings Project in Glendale Lakes
Subdivision and Glendale Lakes Subdivision Unit Two, IRC Project
No. 1436
(memorandum dated May 28, 2015) 85-92
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
None
B. Commissioner Bob Solari,Vice Chairman
None
C. Commissioner Joseph E. Flescher
None
D. Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
June 9,2015 Page 4 of 5
15. SPECIAL DISTRICTS AND BOARDS PAGE
B. Solid Waste Disposal District
1. Approval of Minutes Meeting of May 12, 2015
2. Amendment No. 2 to Work Order No. 1 to Kessler Consulting, Inc.,
for Service Transition Assistance
(memorandum dated June 1, 2015) 93-98
C. Environmental Control Board
None
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board
shall provide an opportunity for public comment prior to the undertaking by the Board of any action on
the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any
proposition which the Board is to take action which was either not on the Board agenda or distributed to
the public prior to the commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act(ADA) Coordinator at(772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, and the North County Library.
Commission 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.
June 9,2015 Page 5 of 5
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PROMOTING SAFETY, ACCESS,&
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The Safety is Golden Mobility Fair is an interactive event with state and local
vendors sharing transportation safety, mobility resources, and information.
Wednesday, June 17, 2015
9:00 am to 12:00 pm To register for
City of Vero Beach Community Center the CarFit Safety Event,
2266 14th Avenue please call
Vero Beach, FL 32960 (850) 410-5645
PPL
• CarFit Safety • Transportation O `..'.
Event Experts .-- r "
• Indoor Booths • Pedestrian Info 6 "-- 'M
• Give-a-ways • Transit Info /4
• Driver Safety • Refreshments
Info ''.'"` ,-
• And much more! -
The CarFit Safety Event provides trained technicians to help you find
comfort and safety in your own vehicle!
-SPONSORED BY- �� R� . evE.„,,,,,,,eiArdrio, CARFiT y
FPr
■ FDO Helping Mature Univers Find Their Safest Fit \* �l /*
Safe Mobility for Life Coalition DOTS .AARP .�/ '' •`)'•:, . Q�'
-ORS
www.FLsams.org 1
`r f-
JEFFREY R. SMITH, CPA, CGFO, CGMA `omp,.
,OOYNt} C�
Clerk of Circuit Court&Comptroller c
Finance Department
1801 27th Street
Vero Beach,FL 32960 ins*
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: DIANE BERNARDO, FINANCE DIRECT• ;
THRU: JEFFREY R. SMITH, COMPTROLLER 1 •
DATE: May 28, 2015
SUBJECT: APPROVAL OF WARRANTS
May 22, 2015 to May 28, 2015
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 May 22, 2015 to May 28, 2015
Attachment:
DLB: DB
2
CHECKS WRITTEN
TRANS NBR DATE VENDOR AMOUNT
326470 5/22/2015 FLORIDA UC FUND 2,110.94
326471 5/26/2015 R W WILSON AND ASSOCIATES LLC 4,090.00
326472 5/28/2015 PAUL CARONE 3,726.00
326473 5/28/2015 PAUL JULIN 650.00
326474 5/28/2015 LINDSEY GARDENS LTD 309.00
326475 5/28/2015 CREATIVE CHOICE HOMES XVI LTD 440.00
326476 5/28/2015 TREASURE COAST HOMELESS SERVICES 13,390.00
326477 5/28/2015 PINNACLE GROVE LTD 1,405.00
326478 5/28/2015 VERO CLUB PARTNERS LTD 1,556.00
326479 5/28/2015 DAVID SPARKS 388.00
326480 5/28/2015 THE PALMS AT VERO BEACH 454.00
326481 5/28/2015 ED SCHLITT LC 560.00
326482 5/28/2015 JOHN OLIVIERA 698.00
326483 5/28/2015 ARTHUR PRUETT 409.00
326484 5/28/2015 JOSEPH LOZADA 1,212.00
326485 5/28/2015 MICHAEL JAHOLKOWSKI 547.00
326486 5/28/2015 LUCY B HENDRICKS 573.00
326487 5/28/2015 HFB OF FLORIDA LLC 613.00
326488 5/28/2015 EARRING POINT PROPERTIES 469.00
326489 5/28/2015 ANDRE DORAWA 630.00
326490 5/28/2015 PAULA WHIDDON 553.00
326491 5/28/2015 COURTYARD VILLAS OF VERO LLC 560.00
326492 5/28/2015 JAMES W DAVIS 288.00
326493 5/28/2015 NITA EZELL 480.00
326494 5/28/2015 LINDSEY GARDENS 11 LTD 520.00
326495 5/28/2015 MISS INC OF THE TREASUE COAST 2,363.00
326496 5/28/2015 DANIEL CORY MARTIN 1,979.00
326497 5/28/2015 CRAIG LOPES 470.00
326498 5/28/2015 PAULA ROGERS&ASSOCIATES INC 650.00
326499 5/28/2015 FIVE STAR PROPERTY HOLDING LLC 797.00
326500 5/28/2015 WILLIAM LEE 700.00
326501 5/28/2015 MARK BAER 25,477.00
326502 5/28/2015 33 MILES EAST INVESTMENTS LLC 567.00
326503 5/28/2015 FRESH START HOUSING LLC 956.00
326504 5/28/2015 SABEL CHASE 478.00
326505 5/28/2015 ROBERTS J GORMAN 424.00
326506 5/28/2015 JUAN CHAVES 700.00
326507 5/28/2015 REID REALTY 478.00
326508 5/28/2015 MELISSA CAMARATA 581.00
326509 5/28/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 623.00
326510 5/28/2015 JOHNATHON KNOWLES 722.00
326511 5/28/2015 INDIANTOWN NON-PROFIT HOUSING INC 1,062.00
326512 5/28/2015 AUGUSTUS B FORT JR 581.00
326513 5/28/2015 PORT CONSOLIDATED INC 61,026.73
326514 5/28/2015 JORDAN MOWER INC 327.02
326515 5/28/2015 FISHER SCIENTIFIC COMPANY LLC 110.53
326516 5/28/2015 VERO CHEMICAL DISTRIBUTORS INC 121.60
326517 5/28/2015 KIMLEY HORN&ASSOC INC 2,071.64
326518 5/28/2015 VELDE FORD INC 1,719.34
326519 5/28/2015 STEWART MATERIALS INC 330.69
326520 5/28/2015 AT&T WIRELESS 519.92
326521 5/28/2015 AT&T WIRELESS 2,975.86
326522 5/28/2015 DATA FLOW SYSTEMS INC 2,346.00
326523 5/28/2015 PARALEE COMPANY INC 936.00
326524 5/28/2015 GRAINGER 520.28
326525 5/28/2015 KELLY TRACTOR CO 405.29
326526 5/28/2015 MCMASTER CARR SUPPLY CO 100.07
326527 5/28/2015 AMERIGAS EAGLE PROPANE LP 389.61
3
1
TRANS NBR DATE VENDOR AMOUNT
326528 5/28/2015 AMERIGAS EAGLE PROPANE LP 1,272.58
326529 5/28/2015 AMERIGAS EAGLE PROPANE LP 1,362.81
326530 5/28/2015 HACH CO 661.42
326531 5/28/2015 LFI FORT PIERCE INC 2,647.80
326532 5/28/2015 HD SUPPLY WATERWORKS,LTD 3,027.45
326533 5/28/2015 EGP INC 84.00
326534 5/28/2015 VERO INDUSTRIAL SUPPLY INC 497.14
326535 5/28/2015 FLUID SYSTEMS&CONTROLS INC 277.61
326536 5/28/2015 BARTH CONSTRUCTION INC 1,025.00
326537 5/28/2015 CHILDCARE RESOURCES OF IRC INC 18,888.88
326538 5/28/2015 DELL MARKETING LP 7,121.05
326539 5/28/2015 GENERAL PART INC 1,781.84
326540 5/28/2015 BAKER& TAYLOR INC 471.97
326541 5/28/2015 BRANDTS APPLIANCE SERVICE INC 329.50
326542 5/28/2015 MIDWEST TAPE LLC 769.47
326543 5/28/2015 NORTHERN SAFETY CO INC 433.46
326544 5/28/2015 MICROMARKETING LLC 104.45
326545 5/28/2015 K&M ELECTRIC SUPPLY 342.28
326546 5/28/2015 GREENE INVESTMENT PARTNERSHIP LTD 3,306.25
326547 5/28/2015 PST SERVICES INC 27,326.06
326548 5/28/2015 INDIAN RIVER COUNTY HEALTH DEPT 44,543.41
326549 5/28/2015 MEDICAL EXAMINERS OFFICE 24,888.58
326550 5/28/2015 VICTIM ASSISTANCE PROGRAM 5,568.58
326551 5/28/2015 ROGER J NICOSIA 1,500.00
326552 5/28/2015 CITY OF VERO BEACH 53,635.89
326553 5/28/2015 CITY OF VERO BEACH 2,052.23
326554 5/28/2015 CITY OF VERO BEACH 11,662.50
326555 5/28/2015 CITY OF VERO BEACH 211.64
326556 5/28/2015 INDIAN RIVER ALL FAB INC 1,803.67
326557 5/28/2015 UNITED PARCEL SERVICE INC 22.78
326558 5/28/2015 JANITORIAL DEPOT OF AMERICA INC 733.89
326559 5/28/2015 PUBLIX SUPERMARKETS 90.00
326560 5/28/2015 ARTHUR J GALLAGHER RISK MGMT SERV INC 1,162.00
326561 5/28/2015 AAA COOPER TRANSPORTATION INC 170.74
326562 5/28/2015 ACUSHNET COMPANY 8,091.95
326563 5/28/2015 INTERNATIONAL GOLF MAINTENANCE INC 85,581.00
326564 5/28/2015 EXCHANGE CLUB CASTLE 4,441.63
326565 5/28/2015 GEOSYNTEC CONSULTANTS INC 3,614.62
326566 5/28/2015 MORGAN&EKLUND INC 4,950.00
326567 5/28/2015 JOHN KING 61.00
326568 5/28/2015 CALLAWAY GOLF SALES COMPANY 1,018.80
326569 5/28/2015 SUBSTANCE AWARENESS COUNCIL OF IRC INC 680.00
326570 5/28/2015 FLORIDA POWER AND LIGHT 131,166.51
326571 5/28/2015 FLORIDA POWER AND LIGHT 480.34
326572 5/28/2015 GAIL E FLINN 550.00
326573 5/28/2015 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,460.10
326574 5/28/2015 MEDICARE PART B FINANCIAL SERVICES 1,697.57
326575 5/28/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 25.00
326576 5/28/2015 TREASURE COAST SPORTS COMMISSION INC 10,190.82
326577 5/28/2015 ANDO BUILDING CORP 2,796.00
326578 5/28/2015 ETTA LOPRESTI 147.00
326579 5/28/2015 FLORIDA UC FUND 1,592.20
326580 5/28/2015 UNITED HEALTH CARE INS COMPANY 430.13
326581 5/28/2015 INDIAN RIVER FARMS WATER CNTRL DIST 100.00
326582 5/28/2015 ALAN C KAUFFMANN 50.00
326583 5/28/2015 CIGNA 170.15
326584 5/28/2015 G K ENVIRONMENTAL INC 400.00
326585 5/28/2015 JOHN BROWN&SONS INC 4,793.75
326586 5/28/2015 HUMANA 798.91
326587 5/28/2015 C&C ELECTRIC WORKS INC 390.00
4
2
TRANS NBR DATE VENDOR AMOUNT
326588 5/28/2015 FLORIDA DEPT OF BUSINESS&PROF 150.00
326589 5/28/2015 HEALTHSOUTH 1,008.40
326590 5/28/2015 MICHAEL QUIGLEY 80.00
326591 5/28/2015 CELICO PARTNERSHIP 403.87
326592 5/28/2015 JEAN PETERS 40.00
326593 5/28/2015 CINTAS CORPORATION NO 2 158.78
326594 5/28/2015 JOSEPH W VASQUEZ 100.00
326595 5/28/2015 FLORIDA RURAL LEGAL SERVICES INC 2,483.91
326596 5/28/2015 POLISH AMERICAN SOCIAL CLUB 950.00
326597 5/28/2015 JOHNS EASTERN COMPANY INC 32,576.32
326598 5/28/2015 TCG SONRISE II LLC 621.00
326599 5/28/2015 CENTRAL PUMP&SUPPLY INC 278.66
326600 5/28/2015 MICHAEL ZITO 122.11
326601 5/28/2015 DICKERSON FLORIDA INC 181,408.62
326602 5/28/2015 STAPLES CONTRACT&COMMERCIAL INC 672.08
326603 5/28/2015 NEXTEL SOUTH CORP 139.13
326604 5/28/2015 FAST FOOD ENTERPRISES#2 LLP 9,111.96
326605 5/28/2015 JOHN DEERE LANDSCAPES 159.96
326606 5/28/2015 FELLSMERE ELEMENTARY SCHOOL 16.00
326607 5/28/2015 LIBERTY MAGNET SCHOOL 9.00
326608 5/28/2015 D&S ENTERPRISES OF VERO BCH LLC 30.00
326609 5/28/2015 LENZI,TERRY 368.57
326610 5/28/2015 JOHNNY B SMITH 125.00
326611 5/28/2015 JACE CHANDLER&ASSOCIATES INC 1,240.00
326612 5/28/2015 DYNAMIC AIR QUALITY&COOLING INC 3,725.00
326613 5/28/2015 SUPERIOR SHEDS,INC. 3,795.00
326614 5/28/2015 CAROLYN VANBRAMER 50.00
326615 5/28/2015 KATHLEEN P DOUGHERTY 40.00
326616 5/28/2015 RENAE CHANDLER 110.00
326617 5/28/2015 TREASURE COAST FOOD BANK INC 282.42
326618 5/28/2015 TREASURE COAST ELEMENTARY 9.00
326619 5/28/2015 PROMOTE YOU LLC 92.50
326620 5/28/2015 FLORIDA MEDICAID 653.77
326621 5/28/2015 NORMAN WELLS 720.00
326622 5/28/2015 KONDAUR CAPITAL CORP 88.63
326623 5/28/2015 GLISSON&CO INC 1,020.00
326624 5/28/2015 CARDINAL SIMMONS 17.00
326625 5/28/2015 WOERNER DEVELOPMENT INC 91.50
326626 5/28/2015 ATLANTIC COASTAL LAND TITLE CO LLC 225.00
326627 5/28/2015 DELRAY MOTORS 163.53
326628 5/28/2015 MANCILS TRACTOR SERVICE INC 16,485.00
326629 5/28/2015 JOSHUA GHIZ 1,443.99
326630 5/28/2015 TIM ZORC 310.51
326631 5/28/2015 ALCURT VERO BEACH LLC 586.00
326632 5/28/2015 AMERICAN MESSAGING SERVICES LLC 5.67
326633 5/28/2015 LOWES HOME CENTERS INC 1,380.23
326634 5/28/2015 LABOR READY SOUTHEAST INC 9,188.40
326635 5/28/2015 PPG ARCHITECTURAL FINISHES INC 94.50
326636 5/28/2015 ALEX MIKLO 25.00
326637 5/28/2015 STRAIGHT OAK LLC 33.90
326638 5/28/2015 CALDWELL PACETTI EDWARDS 6,484.85
326639 5/28/2015 STEWART&STEVENSON FDDA LLC 775.22
326640 5/28/2015 COURSE TRENDS INC 300.00
326641 5/28/2015 CHEMTRADE CHEMICALS CORPORTATION 1,196.08
326642 5/28/2015 WADE WILSON 50.00
326643 5/28/2015 BRUCE SABOL 80.00
326644 5/28/2015 MONA MOSHKI 40.00
326645 5/28/2015 THE LAW OFFICES OF JENNIFER D PESHKE PA 981.00
326646 5/28/2015 AXIS DATA SOLUTIONS INC 2,715.61
326647 5/28/2015 BROADCAST SUPPLY WORLDWIDE 3,824.17
5
3
TRANS NBR DATE VENDOR AMOUNT
326648 5/28/2015 INTEGRITY LAWNS LLC 1,750.00
326649 5/28/2015 COBRA GOLF INCORPORATED 1,041.55
326650 5/28/2015 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00
326651 5/28/2015 THE TRANSIT GROUP INC 7,508.00
326652 5/28/2015 THE TRANSIT GROUP INC 14,236.65
326653 5/28/2015 KATHRYN BARTON 435.00
326654 5/28/2015 MARGARET WARD 285.00
326655 5/28/2015 TK6 INC 10,357.80
326656 5/28/2015 FLORIDA SILICA SAND COMPANY 7,061.55
326657 5/28/2015 FLORIDA BLUE 4,243.52
326658 5/28/2015 SUN AQUATICS LLC 80.00
326659 5/28/2015 LINDA WALL 80.00
326660 5/28/2015 DONA LANZA 37.14
326661 5/28/2015 GLENDA ISON 134.60
326662 5/28/2015 HAROLD FOISY 425.02
326663 5/28/2015 MILDRED DRAKE 94.36
326664 5/28/2015 CECILY DELAFIELD 100.00
326665 5/28/2015 DONALD COCHRAN 88.21
326666 5/28/2015 PEGGY BLOUNT 68.35
326667 5/28/2015 JESSICA SHURNS 50.00
326668 5/28/2015 JESSICA FAIRCHILD 50.00
326669 5/28/2015 SIERA JUDON 50.00
326670 5/28/2015 GALE BILLINGS 50.00
326671 5/28/2015 JULIE VILLARS 50.00
326672 5/28/2015 LINDA RUCKER 79.12
326673 5/28/2015 BOYD WANZER 40.71
326674 5/28/2015 USAA LIFE INS 88.44
326675 5/28/2015 JOSEPH DIZONNO 50.00
326676 5/28/2015 DAVID FORLANI 380.00
326677 5/28/2015 UTIL REFUNDS 24.93
326678 5/28/2015 UTIL REFUNDS 63.04
326679 5/28/2015 UTIL REFUNDS 76.28
326680 5/28/2015 UTIL REFUNDS 261.59
326681 5/28/2015 UTIL REFUNDS 28.15
326682 5/28/2015 UTIL REFUNDS 68.40
326683 5/28/2015 UTIL REFUNDS 34.65
326684 5/28/2015 UTIL REFUNDS 79.81
326685 5/28/2015 UTIL REFUNDS 8.61
326686 5/28/2015 UTIL REFUNDS 29.37
326687 5/28/2015 UTIL REFUNDS 76.70
326688 5/28/2015 UTIL REFUNDS 41.87
326689 5/28/2015 UTIL REFUNDS 51.10
326690 5/28/2015 UTIL REFUNDS 28.43
326691 5/28/2015 UTIL REFUNDS 93.24
326692 5/28/2015 UTIL REFUNDS 139.80
326693 5/28/2015 UTIL REFUNDS 87.43
326694 5/28/2015 UTIL REFUNDS 1.46
326695 5/28/2015 UTIL REFUNDS 8.76
326696 5/28/2015 UTIL REFUNDS 23.83
326697 5/28/2015 UTIL REFUNDS 67.27
326698 5/28/2015 UTIL REFUNDS 64.08
326699 5/28/2015 UTIL REFUNDS 75.16
326700 5/28/2015 UTIL REFUNDS 111.19
326701 5/28/2015 UTIL REFUNDS 31.34
326702 5/28/2015 UTIL REFUNDS 264.08
326703 5/28/2015 UTIL REFUNDS 82.41
326704 5/28/2015 UTIL REFUNDS 87.43
326705 5/28/2015 UTIL REFUNDS 83.05
326706 5/28/2015 UTIL REFUNDS 22.89
326707 5/28/2015 UTIL REFUNDS 49.51
6
4
TRANS NBR DATE VENDOR AMOUNT
326708 5/28/2015 UTIL REFUNDS 76.60
326709 5/28/2015 UTIL REFUNDS 76.28
326710 5/28/2015 UTIL REFUNDS 42.89
326711 5/28/2015 UTIL REFUNDS 42.00
326712 5/28/2015 UTIL REFUNDS 74.38
326713 5/28/2015 UTIL REFUNDS 39.33
326714 5/28/2015 UTIL REFUNDS 45.74
326715 5/28/2015 UTIL REFUNDS 76.60
326716 5/28/2015 UTIL REFUNDS 28.93
326717 5/28/2015 UTIL REFUNDS 44.80
326718 5/28/2015 UTIL REFUNDS 53.08
326719 5/28/2015 UTIL REFUNDS 4.54
326720 5/28/2015 UTIL REFUNDS 111.32
326721 5/28/2015 UTIL REFUNDS 59.31
Grand Total: 978,212.46
7
5
ELECTRONIC PAYMENT - VISA CARD
TRANS.NBR DATE VENDOR AMOUNT
1006595 5/22/2015 OFFICE DEPOT BSD CUSTOMER SVC 839.55
1006596 5/22/2015 WASTE MANAGEMENT INC 79,917.14
1006597 5/22/2015 WHEELABRATOR RIDGE ENERGY INC 3,519.00
1006598 5/22/2015 EVERGLADES FARM EQUIPMENT CO INC 581.12
1006599 5/22/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 889.54
1006600 5/22/2015 ROBINSON EQUIPMENT COMPANY INC 987.43
1006601 5/22/2015 NORTH SOUTH SUPPLY INC 29.78
1006602 5/22/2015 SAFETY PRODUCTS INC 1,574.02
1006603 5/22/2015 COLD AIR DISTRIBUTORS WAREHOUSE 620.78
1006604 5/22/2015 INDIAN RIVER BATTERY 3,500.30
1006605 5/22/2015 DAVIDSON TITLES INC 388.04
1006606 5/22/2015 MIKES GARAGE&WRECKER SERVICE INC 155.00
1006607 5/22/2015 APPLE INDUSTRIAL SUPPLY CO 478.94
1006608 5/22/2015 IRRIGATION CONSULTANTS UNLIMITED INC 50.80
1006609 5/22/2015 THE EXPEDITER 33.21
1006610 5/22/2015 HILL MANUFACTURING CO INC 1,392.00
1006611 5/22/2015 GROVE WELDERS INC 66.51
1006612 5/22/2015 ARAMARK UNIFORM&CAREER APPAREL LLC 548.80
1006613 5/22/2015 CENGAGE LEARNING CORPORATION 765.46
1006614 5/22/2015 COMMUNITY ASPHALT CORP 422.28
1006615 5/22/2015 FERGUSON ENTERPRISES INC 9,786.09
1006616 5/22/2015 TOTAL TRUCK PARTS INC 24.00
1006617 5/22/2015 COMO OIL COMPANY OF FLORIDA 336.43
1006618 5/22/2015 PERKINS INDIAN RIVER PHARMACY 90.00
1006619 5/22/2015 GLOBAL GOLF SALES INC 277.66
1006620 5/22/2015 COMPLETE ELECTRIC INC 76.00
1006621 5/22/2015 BARKER ELECTRIC,AIR CONDITIONING 100.51
1006622 5/22/2015 ECONOLITE CONTROL PRODUCTS INC 217.00
1006623 5/22/2015 RECHTIEN INTERNATIONAL TRUCKS 793.34
1006624 5/22/2015 FLAGLER CONSTRUCTION EQUIPMENT LLC 917.17
1006625 5/22/2015 CAPITAL OFFICE PRODUCTS 226.59
1006626 5/22/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2,554.70
1006627 5/22/2015 BENNETT AUTO SUPPLY INC 895.89
1006628 5/22/2015 L&L DISTRIBUTORS 3,154.17
1006629 5/22/2015 S&S AUTO PARTS 72.42
1006630 5/22/2015 IMAGENET CONSULTING LLC 87.00
1006631 5/22/2015 SCRIPPS NP OPERATING LLC 141.18
1006632 5/28/2015 AT&T 21,666.96
Grand Total: 138,176.81
8
1
ELECTRONIC PAYMENTS - WIRE & ACH
TRANS NBR DATE VENDOR AMOUNT
3598 5/22/2015 FL SDU 6,992.13
3599 5/22/2015 NACO/SOUTHEAST 476.46
3600 5/22/2015 NACO/SOUTHEAST 52,807.95
3601 5/22/2015 FLORIDA LEAGUE OF CITIES,INC 5,823.15
3602 5/22/2015 TEAMSTERS LOCAL UNION#769 5,278.50
3603 5/22/2015 IRC FIRE FIGHTERS ASSOC 5,970.00
3604 5/22/2015 ICMA RETIREMENT CORPORATION 2,224.19
3605 5/22/2015 ICMA RETIREMENT CORPORATION 11,197.78
3606 5/22/2015 VEROTOWN LLC 42,207.07
3607 5/22/2015 INDIAN RIVER COUNTY PROPERTY APPRAISER 236,791.64
3608 5/22/2015 KIMLEY HORN&ASSOC INC 58,221.98
3609 5/22/2015 R.1 SULLIVAN CORP 32,582.95
3610 5/22/2015 ELITE TITLE 22,100.00
3611 5/22/2015 ELITE TITLE 22,100.00
3612 5/22/2015 ELITE TITLE 27,100.00
3613 5/22/2015 BENEFITS WORKSHOP 5,390.08
3614 5/26/2015 IRS-PAYROLL TAXES 365,121.29
3615 5/27/2015 INDIAN RIVER COUNTY SHERIFF 6,057.14
Grand Total: 908,442.31
9
1
CONSENT AGENDA
.�; INDIAN RIVER COUNTY, FLORIDA
Lk �.�, * „ AGENDA ITEM
iv, Assistant County Administrator/
Department of General Services
To: The Honorable Board of County Commissioners
Thru: Joseph A. Baird, County Administrator
From: Michael C. Zito, Assistant County Administrator
Date: May 30, 2015
Subject: Renewal of Maintenance Agreement at Sandridge Golf Club
BACKGROUND:
International Golf Maintenance (I.G.M.) has maintained the golf courses and grounds at Sandridge
Golf Club since 1996. The current contract period which began October 1, 2005 was for five (5)
years with two (5) year renewal options. The annual payment beginning October 1, 2005 was
$996,092.00 for the first budget year and $1,178,200.00 for the final year of the original contract
period ending September 30, 2010. During the first renewal period, IGM cooperated with the
County's request to voluntarily reduce the monthly obligation in response to the economic
downturn. The current annual rate is $1,026,972.00. Staff has been negotiating a five-year renewal
to begin October 1, 2015. As a part of the negotiation, I.G.M. has agreed to a 3% increase for the
coming fiscal year or $1,057,781.00, which is still $120,419.00 less than rate paid at the end of the
first five-year period of the contract.
I.G.M. has requested a provision that would allow for an additional one-time increase determined
by the current Consumer Price Index (C.P.I.) not to exceed 3%. This one time increase can only
occur at the sole discretion of the County.
DESCRIPTION:
Renewal terms include a 3% increase in year one; and, thereafter one opportunity for IGM to
request up to a 3% increase which may be granted by the County in its sole discretion.
FUNDING:
Account Description Account Number Budget Amount
Other Contractual Services 41822172-033490 $ 1,057,781
RECOMMENDATION:
Staff respectfully requests that the Board authorize its Chairman to sign the agreement.
ATTACHMENTS:
Agreement, First and Second Amendments
Approv d Agenda Item Indian River County Approved Date
BY: L � .(Q-C. , Administration ��it/ ,3
�Q
$ccseph A. Baird County Attorne f .
y
1County Administrator Budget 6
Department
FOR: June 9, 2015 Risk Management
F:\Assistant County Administrator\AGENDA ITEMS\20I5\BCC 06 JUN 2015\BCC Memo- Sandridge Golf Club Contract Renewal Negotiation
with International Golf Maintenance Inc (IGM)Bela.doc
10
SECOND AMENDMENT TO
GOLF COURSE MAINTENANCE AGREEMENT
THIS FIRST AMENDMENT is entered into as of the day of June 2015 by and between
INTERNATIONAL GOLF MAINTENANCE, INC. ("IGM") and INDIAN RIVER COUNTY,
POLITICAL SUBDIVISION OF THE State of Florida ("Owner").
WHEREAS, effective October 1, 2005, IGM and Owner entered into that certain Maintenance
Agreement ("Agreement") relating to Sandridge Golf Club, Vero Beach, Florida ("Course") and
WHEREAS, section 2.1 of the Agreement grants to Owner two options to renew the Agreement
for an additional five-year terms; and
WHEREAS, On May 18, 2010 the parties executed the First Amendment to Golf Course
Maintenance Agreement renewing the term through September 30, 2015.
WHEREAS, Owner desires to exercise the option to renew the Agreement for one additional
five-year term, in accordance with the terms of this amendment and the original agreement approved
October 4, 2005.
NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and
valuable consideration, the parties hereby agree, as follows:
1. Renewal. Pursuant to section 2.1 of the Agreement, County hereby exercises its option to
renew the Agreement for one additional five-year term, commencing on October 1, 2015 and
terminating on September 30, 2020.
2. Base Fee. The base fee is hereby amended, as follows: (a). The base fee for each month
from October 1, 2015 through September 30, 2020, inclusive, shall be $88,148.43 or
$1,057,781 annually. If CPI increase equals or exceeds 3.0% from October 1, 2015 to any
point in time during the renewal term, then IGM shall have one opportunity during this
renewal period to request an increase in the base fee not to exceed 3.0% from Owner, which
Owner may approve or disapprove in its sole discretion. If Owner, disapproves such
increase, IGM shall have the right to renew the request on an annual basis thereafter, subject
to Owner's continuing right of approval or disapproval. IGM shall not be entitled to any
other increases in the base fee during the renewal term.
For the purposes of this section, the term "CPI" shall mean the Consumer Price Index —All
Urban Consumers: South Urban (not seasonally adjusted).
3. Equipment. IGM will acquire and maintain all equipment necessary to perform
maintenance services under the agreement.
4. All Remaining Terms. All remaining terms of the Agreement and First Amendment to Golf
Course Maintenance Agreement not expressly and directly amended herein shall remain in
full force and effect.
Page 1 of 2
11
Signed, sealed and delivered in the presence of: INTERNATIONAL GOLF MAINTENANCE,
INC. ("IGM")
By:
Print Name:
Print Name: Greg A. Plotner
Print Title: Executive Vice President
Print Name:
Signed, sealed and delivered in the presence of: INDIAN RIVER COUNTY, a political
subdivision of the State of Florida ("Owner")
BY:
Print Name: Print Name: Wesley S. Davis
Print Title:: Chairman
ATTESTS: APPROVED BY BOARD:
Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal sufficiency.
By: By:
ylan Reingold, County Attorney
Page 2 of 2
12
i Sit /i o
ID. F• 1 .
I FIRST AMENDMENT TO ° ° -
!a 9
GOLF COURSE MAINTENANCE AGREEMENT
THISi
FIRST AMENDMENT s entered into as of the 18 day of Ma v
by and between INTERNATIONAL GOLF MAINTENANCE, INC. ("IGM" and 201 R
i COUNTY,a political subdivision of the State of Florida ("Owner"). ) INDIAN RIVER
i
WHEREAS, effective October 4, 2005, IGM and Owner entered into that certain Maintenance
Agreement ("Agreement") relating to Sandridge Golf Club, Vero Beach, Florida ("Course"); and
t WHEREAS, section 2.1 of the Agreement grants to Owner two options to renew the
e
Agreement for additional five-year terms; and
t WHEREAS, Owner desires to exercise the first option to renew the Agreement for one
additional five-year term, in accordance with the terms of this amendment.
I NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and
valuable consideration, the parties hereby agree, as follows:
I
1. IGM's Contact Person. Background Fact C is hereby revised to state that IGM's
Contact Person shall be Greg Plotner, at the same address shown in the Agreement.
;
i
{ 2. Renewal. Pursuant to section 2.1 of the Agreement, County hereby exercises its option
to renew the Agreement for one additional five-year term, commencing on October 1, 2010, and
terminating on September 30, 2015.
3. Maintenance Equipment. All language following the first two sentences in section 2.5
of the Agreement is hereby deleted, and replaced with the following: "IGM will be responsible for
purchasing all future replacement equipment to fulfill the terms of this Agreement.
t to
Owner an annual written equipment replacement schedule at the beginning of the�firstl ands eachh
subsequent year of the renewal term. The schedule shall be subject to the approval of the Course
•
manager."
4. Base Fee. The base fee is hereby amended, as follows: (a) The base fee for each month
from April 2010 through September 2010, inclusive, shall be $88,088.25; and (b) the base fee for each
year of the renewal term shall be $997,059.00, subject to a maximum of two possible CPI increases
during the renewal term. Specifically, if the CPI increase equals or exceeds 3.0% from April 1, 2010
to any point in time during the renewal term, then IGM shall have the right to request an increase in the
base fee not to exceed 3.0% from Owner, which Owner may approve or disapprove in its sole
discretion. If Owner disapproves such increase, IGM shall have the right to renew the request on an
annual basis thereafter, subject to Owner's continuing right of approval or disapproval. If Owner
approves a CPI increase during the renewal term, and if the CPI increases by an amount equal to or
greater than 3.0% between the effective date of the first CPI increase, and any point in time during the.
remainder of the renewal term, then IGM shall have the right to request a second CPI increase, which
County may approve or disapprove in its sole discretion. 1GM shall not be entitled to any other
t
increases in the base fee during the renewal term.
Page 1 of 2
r
Smea75dt Pepnnt Data.Wednesday,March 11,2015-10:28 11-OTnalDocumentc:7653,Attachment Id 1,Pave 1
r
13
For the purposes of this section, the term "CPU' shall mean the Consumer Price Index — All
Urban Consumers: South Urban (not seasonally adjusted).
5. Obligation to Provide Facilities. Section 5.1 is amended to eliminate any reference
that Owner shall provide "safe" facilities or a "safe" work environment. The parties acknowledge that
• IGM has maintained the Course for five years prior to the effective date of this amendment, is fully
apprised of the condition of the facilities and work environment, and hereby accepts such facilities and
work environment"as is."
•
6. Equipment Repurchase Addendum. The Equipment Repurchase Addendum set forth
in section 5.4 is hereby deleted.
i
• 7. Acts of God, etc. Section 7.10 is amended to provide that Owner shall not be liable to
pay the monthly fee for any period of time during which IGM's performance is excused under this
provision, by reason of an act of God, etc.
8. Exhibit E. Exhibit E(Pricing Summary Sheet)is hereby deleted.
9. All Remaining Terms. All remaining terms of the Agreement not expressly and
directly amended herein shall remain in full force and effect.
Signed,sealed and delivered in the presence of: INTERNATIONAL GOLF MAINTENANCE,
INC. ("IGM")
d5azo4
Print Name: 1 / *A-)
,, By: `�''t\\
'r_v Print Name: ( o P
Print Name: /$/f � noir - Print Title: Ey.,t1 y rrJE \R'
'
Signed,sealed and delivered in the presence of: INDIAN RIVER COUNTY, a political sub-
division of the State of Florida ("Owner")
'K ,
Print Name: l rr1 Oi 11Ls Li S1 f Rt.) ,.-��
....0.47.1''''AV C .., is �--
•. f•• Print Name: .4.44z-,- B 08 4n
v
Print Name: 'f •�O
i „ •a$•e�`Print Title: Lt-►a-wto.t
"'1�
�;j ! Approved as to form and legal sufficiency.
i
., Co,.:... :••4.By: «..-�
;..o
Alan S.Polackwich,Sr.,County Attorney 7
Page 2 of 2
6m04:5011 aeo.int tate:Wednesday,Ma,d,11,2015-10:28:12.OfrcalDocumets:7653,Attachment td 1,Pape 2 14
os
7/f1,iJ
INTERNATIONAL GOLF MAINTENANCE, INC.
8390 CHAMPIONSGATE BLVD.
CHAMPIONSGATE, FL 33801
800-413-5500
407-589-7200 407-589-7223 (FAX)
THIS MAINTENANCE AGREEMENT (the "Agreement") is entered into by and
between INTERNATIONAL GOLF MAINTENANCE, INC. ("IGM"), and Indian River
County, a political subdivision of the State of Florida, the owner designated in Recital C below
(the"Owner")as of the date set forth below as the effective date(the"Effective Date").
BACKGROUND FACTS
A. IGM is a service provider of agronomic, horticultural and recurring
services for golf course facilities and has represented to Owner that it has the competency and
experience to perform the services set forth in this agreement.
B. Owner is the owner of the golf course named Sandridge Golf Club, 5300
73rd Street, Vero Beach, Florida, (the "Course") and desires to engage IGM to provide services
to the Course as more particularly described in this Agreement.
C. IGM's and Owner's contact information and other summary information
regarding this Agreement is:
OWNER: Indian River County
ADDRESS: 5300 73rd Street
CITY/STATE/ZIP: Vero Beach, Florida 32966
TELEPHONE: (772) 770-5003
FAX: (772)770-5109
COURSE NAME: Sandridge Golf Club
OWNER REPRESENTATIVE: Bob Komarinetz, Director
OWNER'S FEDERAL I.D. NUMBER: 59-6000674
EFFECTIVE DATE: October 1, 2005
For IGM
International Golf Maintenance,Inc.
BY: Scott Zakany
8390 ChampionsGate Blvd.
ChampionsGate,FL 33896
Phone: 407-589-7200
1
15
AGREEMENT
In consideration of the mutual benefits to be derived from this agreement and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties,
intending to be legally bound agree as follows:
SECTION 1
SERVICES
1.1. Background Facts. The Background Facts are agreed to be true and correct are
incorporated herein by this reference.
1.2. Services. During the Term (as hereinafter defined), IGM agrees to provide to
Owner the services, including all labor, materials, uniforms and supplies required to perform
such services, described in the RFP Number 7054 and IGM's Response to RFP Number 7054
attached and incorporated by reference herein attached and incorporated by reference herein as
Exhibit A subject to the specific terms and conditions of this Agreement(the"Services").
1.3. Agreement Regarding Scope of Services. IGM shall not, without owner's prior
written approval, be required to exceed the Services described in Exhibit A or provide any
additional services. Such written approval shall not be binding on IGM until the fee for such
Services is agreed in writing by Owner. Owner agrees and acknowledges that the Services do
not include,without limitation: (i)payment of the costs of any utility services to the Course or in
connection with the Services, (ii) the costs of any material improvements or modifications to any
irrigation system present on the Course, (iii) the cost of hauling any organic waste and/or debris
from the Course, (iv) the cost of any modifications or capital improvements to the Course, (v)the
repair or replacement of Course facilities, including shrubbery or trees that are damaged or
destroyed by severe weather, or (vi) the cost of repair or replacement of property, real or
personal, which is damaged through acts of vandalism or other criminal activity, unless such
vandalism or criminal activity is directly caused by the affirmative acts of IGM. IGM shall not
subcontract any work under this agreement without Owner's written permission. IGM shall not
assign this contract without Owner's written permission.
1.4. Compliance with Laws. IGM shall comply with all applicable laws, ordinances
and regulations related in the performance of its Services hereunder. Without limitation, IGM
shall not violate any federal, state or local environmental laws, statutes, ordinances, codes, rules
or regulations regulating the Services.
SECTION 2
TERM; EARLY TERMINATION
2.1. Term of this Agreement. This Agreement shall be effective for a period of Five
(5)years from the Effective Date, (the"Term")unless earlier terminated as provided herein. The
Term being from October 1, 2005 and continuing through September 30, 2010. The County shall
have the option to renew this Agreement for two (2) additional five (5) year terms. Any
additional services requested by the County shall be completed in accordance with applicable
authorization provided by the County.
2
16
2.2. Termination without Cause. During the first six (6) months of the Term, Owner
may terminate this Agreement, with or without cause, upon thirty (30) days prior written notice
to IGM. In the event of such termination, IGM shall be paid for services rendered to the
county's satisfaction through the date of termination. After such date, Owner may terminate
only for cause as set forth below.
2.3. Termination for Cause. Either party may, at its option, terminate this Agreement
as provided herein in the event of material breach by the other party of this Agreement. A
breach shall be "material" within the meaning of this Agreement if the breach is (i) a breach of a
monetary obligation, including non-payment of sums due from Owner to IGM, (ii) a breach of
any of the obligations described in Sections 1.1 - 1.4, 4, 5, 6, 8.8, 8.11 or 8.12 of this Agreement;
or (iii) a breach which would have a material adverse affect on the other party. A termination
under this provision shall be effective only upon a written notice, specifically identifying the
breach on which termination is based as follows: (x)thirty (30) days after written notice if the
breach is of any obligation other than payment provided such breach is capable of being cured
and remains uncured at the end of the thirty(30) day period, and (y) five (5) days from receipt of
written notice to cure any breach of a monetary obligation, including non-payment of sums due
from Owner to IGM, if at the end of such period the breach remains uncured.
2.4. Limitation on Right to Terminate. In the event of any termination hereunder,
Owner must pay, on or before the effective date of termination, IGM in full for all services
performed by IGM through the date of termination, unless the amount of pay or the quality of
services is in dispute.
2.5. Effects of Termination on Equipment. IGM is currently using and will continue
to use Owner's equipment to fulfill its obligations under this Agreement. When this equipment
reaches the end of its useful life, it shall be surplused by the Owner. Beginning in Year two of
this agreement, Owner will make yearly payments to IGM for the purpose of equipment
purchase and replacement so IGM may continue to fulfill its obligations under this Agreement.
At the end of this agreement or in the event of an early termination of this Agreement,the parties
agree that the Owner shall purchase all of the Equipment from IGM (except any County owned
equipment) at fair market value. If the parties cannot reach an agreement as to fair market value,
the parties shall retain an independent appraiser shall be retained to establish a fair market value
of the equipment and the Owner shall pay said amount., The fee charged by the appraiser cost of
whieh shall be shared equally by the parties.
2.6. IGM shall be responsible for all maintenance and repair of all equipment under
this agreement. Equipment shall be repaired and maintained in accordance with manufacturers'
standards or standards common to the industry.
3
17
•
SECTION 3
FEES AND EXPENSES
3.1. Base Fee. For the Services rendered hereunder, Owner shall pay to IGM the
following amounts as set forth in Exhibit E attached and incorporated by reference herein.:
Together with sales, service, use or other taxes that may be attributable to such sum,which sum
shall be divided equally and paid as provided herein. For each year of the agreement,the salary
and benefits, operating budget costs and equipment replacement amounts shall be added together
and IGM shall be paid in 12 monthly installments on the first Friday of each month or if a
Holiday, the first business day thereafter.
3.2. Fee for Additional Services. In the event Owner approves additional Services in
accordance with Section 1.3 of this Agreement, IGM shall be entitled to charge and collect the
additional sum agreed by the parties at the time such additional Service was approved by Owner
together with sales, service, use or other taxes that may be attributable to such sum. In the event
the additional Service is continuing in nature, in each succeeding year, the charge shall escalate
as provided in Exhibit E.
3.3. Interest on Late Fees. Each installment of the Service Fees shall be paid in
accordance with the Florida Prompt Payment Act, FS 218.70 et. seq.
3.4. Taxes. Owner shall pay to IGM with each installment of the Service Fees set
forth in Sections 3.1 and 3.2, all sales, service, use or other taxes, if any, which may be
applicable to said fees as of the date of this Agreement. Any increase in such tax, or any sales,
use or other taxes imposed on said fees as a result of new legislation, authoritative interpretation,
or regulatory activity after the date of this Agreement, shall be the responsibility of Owner and
shall be included with, and be a part of, each installment of the Service Fees.
SECTION 4
INSURANCE
4.1. Insurance Requirements for IGM. IGM will maintain, at its own expense, during
the performance of the work covered by this Agreement, and shall provide the COUNTY with
evidence that IGM has obtained and maintains the insurance listed below
A. Minimum Scope of Insurance
4
18
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 named as 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
named as an additional insured.
B. Any deductibles or self insured retentions greater than $5,000 must be approved
by the Risk Manager for Indian River County with the ultimate responsibility for same
going to IGM.
C. IGM'S insurance coverage shall be primary.
D. All above insurance policies shall be placed with insurers with a Best's rating of
no less that A+ VII. The insurer chosen shall also be licensed to do business in Florida.
• E. The insurance policies procured shall be per occurrence policies or as generally
available on the open insurance market.
F. The Insurance Carriers shall supply Certificates of Insurance evidencing such
coverage to the Indian River County Risk Management Department within ten days of
execution of this Contract.
G. 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.
H. IGM hereby agrees to indemnify Indian River County and Representatives thereof
from all claims arising solely from intentional, reckless or negligent acts, errors or
omissions of the IGM or IGMS'Representatives in the performance of services under this
agreement and for which IGM is legally liable.
4.2. Insurance Requirements for Owner. IGM acknowledges that Owner is a political
subdivision of the State of Florida and as such, is entitled to certain protection from liability
under Florida law. To the extent allowed by law, the Owner hereby agrees to indemnify IGM
from claims arising from the negligent acts, errors or omissions of the OWNER in the
performance of the services under this agreement and for which Owner is legally liable.
Additionally, the County hereby states that its improvements are adequately insured against loss
whether through self insurance or excess coverage.
4.3. Disclaimer. Owner acknowledges and understands that IGM has made no
representations or warranties that the insurance specified in this Agreement is adequate to protect
Owner.
4.4. Notice of Claims. Owner and IGM shall give prompt notice to the other of any
third party claims made against either or both of them, and shall cooperate fully with each other
5
19
•
and with any insurance carrier to the end that all such claims will be properly investigated,
defended and adjusted.
SECTION 5
OWNER RESPONSIBILITIES
5.1. Obligations to Provide Facilities. Owner, at its sole cost and expense, shall be
responsible for providing safe and adequate facilities required by IGM to perform the Services
under this Agreement. These facilities shall include, without limitation, workspace and other
facilities that adhere to current federal and state safety standards. Owner shall cooperate at all
times with IGM to provide a safe and adequate work environment for IGM employees and others
who work on or around the Course. IGM has inspected Owner's facilities and agrees that they
are adequate facilities needed to perform the services under this agreement and the facilities
adhere to current federal and state safety standards.
5.2. Utilities, Repairs, Modification. Additionally, Owner shall be wholly responsible
for the provision of necessary utilities to the Course and work areas, for repairs and material
improvements or modifications to any Course irrigation systems, for the pressure regulation
valve and all pumps, systems and other facilities `upstream" from said valve, for the cost of
hauling organic waste and/or any debris away from the Course, and for repairs required by any
acts or omissions of third parties.
5.3. Compliance with this Agreement. During the Term, Owner will not:
(a) Within ten(10) days of the date due, fail to make or cause to be made any
payment to IGM required to be made hereunder or to make any payment pursuant to any
other agreement between the parties;
(b) Fail to keep, observe or perform any agreement, term or provision of this
Agreement to be kept, observed or performed by it;
(c) After a casualty, fail to restore one or more golf holes, the clubhouse,
maintenance building, or any material service of the Course to normal operation with six
(6)months after casualty, if possible;
(d) Suffer the termination, revocation or suspension of the licenses required
for the operation of the Course for a period of one-hundred eighty (180) days
consecutively;
6
20
(e) Default after any applicable grace period or notice and cure periods under
any applicable debt document with respect to the Course.
5.4 Emergency Maintenance
At any time during this agreement, if the Owner determines that any portion of the golf
course is in immediate jeopardy of sustaining some type of serious harm due to a
maintenance failure of IGM, the Owner may utilize its own work force to go on the golf
course and perform such tasks as are necessary to prevent such serious harm from taking
place. The costs of such preventative maintenance shall be itemized by the County and
submitted to IGM and offset against any future monies owning to IGM under this
agreement.
EQUIPMENT REPURCHASE ADDENDUM
If noted here, the Equipment Repurchase Addendum attached shall be a part of this
Agreement.
0 The Equipment Repurchase Addendum is a part of this Agreement.
❑ The Equipment Repurchase Addendum is not a part of this Agreement.
SECTION 6
DEFAULT; REMEDIES
6.1. Default by IGM. In the event IGM is in default under the terms of this
Agreement, after thirty (30) days written notice and opportunity to cure, Owner may, in addition
to any right of termination provided in Section 2 of this Agreement, maintain an action for
damages arising from the default.
6.2. Default by Owner. In the event that Owner is in default under the terms of this
Agreement after any grace period or notice and cure period expressly provided herein, IGM may,
in addition to any right of termination contained in Section 2 of this Agreement, exercise any
right or remedy available at law or equity including, without limitation, an action for damages
arising out of the breach.
SECTION 7
MISCELLANEOUS
7.1. Any written consent, approval or instruction issued by Owner's representation
identified in Recital C of this Agreement shall be binding to the same extent as if given by
Owner. Owner may change the designated Owner's representative by written notice to IGM.
7
21
•
7.2. In connection with this Agreement, the parties agree to cooperate in good faith
and to perform no act, or allow any omission, which would inhibit the other party from
performing its obligations under this Agreement.
7.3. The captions and headings used in this Agreement are for convenience only and
do not in any way limit, amplify, or otherwise modify the provisions of this Agreement.
7.4. This Agreement, together with the Exhibits and Response to Request for Proposal
constitutes the entire agreement between the parties with respect to the subject matter hereof and
merges all prior and contemporaneous communications. This Agreement shall not be modified
except by a written agreement dated subsequent to the date of this Agreement and signed on
behalf of Owner and IGM by their respective duly authorized representatives.
7.5. Any notice which either party is required or may desire to give to the other under
this Agreement shall be in writing and shall be given by registered or certified mail, return
receipt requested, postage prepaid, addressed to the party at its address shown on the First Page
of this Agreement. If Owner or IGM wish to change its respective address for purposes of notice
under this Agreement, they may do so by giving to the other written notice of change of address.
7.6. Nothing in this Agreement shall be construed to create a partnership, a joint
venture or agency relationship between the parties. Neither party shall have any authority to
enter into agreements on behalf of the other, or otherwise to bind or obligate the other in any
manner. The language of this Agreement shall not be construed more strongly against either
party,regardless of which party is responsible for its drafting.
7.7. No waiver of any breach of any provision of this Agreement shall constitute a
waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof,
and no waiver shall be effective unless made in writing and signed by an authorized
representative of the waiving party.
7.8. The Owner agrees that it will not, while this Agreement is in effect directly
employ, hire, or engage any person who shall have been an employee, of IGM during the term of
this Agreement without express written permission from IGM. Current employees of Owner at
the time of execution of this agreement are exempt from this provision.
7.9. All payments under the Agreement to IGM from Owner shall be due at IGM's
offices in Osceola County, Florida. The parties further agree that any litigation arising from this
Agreement shall also be brought in Indian River County Florida.
7.10. In the event of acts or occurrences caused by Owner or beyond the control of
IGM, including, without limitation, strikes, labor disturbances, acts of God, fire, flood, riots,
hurricanes, ice storms, severe, unusual or unseasonable weather or climatological changes that
prevents IGM from performing its duties under this agreement, IGM shall be excused from the
8
22
performance of affected Services under this Agreement during the period of such acts or
occurrences and for reasonable times thereafter, unless IGM and Owner can agree on such other
duties that cam be performed by IGM. Still, Owner shall be liable to pay the monthly fee due
IGM under this Agreement less any sums that IGM can save through good faith efforts to
mitigate its costs during such period. If IGM is unable to perform its duties under this agreement
for more than 15 consecutive days due to the acts or occurrences, Owner may terminate this
agreement. Without limitation, the parties agree that Services to be performed by IGM
hereunder are to be performed essentially in concert with nature, and that unusual or severe
weather may inhibit attainment of the goals set forth in the Maintenance Guidelines.
Additionally, the parties agree that the Owner shall be responsible for the repair or replacement
of Course facilities, including shrubbery and trees, which may be damaged by unusual or severe
weather. In the event that unusual or severe weather or conditions which cause IGM to
recommend the closing of the Course to play, Owner agrees to bear the risk of any damage
which results from refusal by Owner to heed such warning.
7.11. IGM may identify the Course as a golf course to which IGM is providing
Services. It is recognized that the name "International Golf Maintenance, Inc." and the initials
"IGM," together with any other names, logos or designs owned by IGM or any of its affiliates
and used in connection with the Services, together with appurtenant goodwill, are the exclusive
property of IGM or its affiliates (collectively, the "IGM-Owned Names"). Accordingly, Owner
agrees that no right or remedy of Owner for any default on the part of IGM under this Agreement
shall, nor shall any provision of this Agreement, confer upon Owner or its successors or assigns
the right to use IGM-Owned Names in the operation of the Course or otherwise. In the event of
any breach of this covenant by Owner,IGM, in addition to any remedies available to it under this
Agreement or at law or in equity, shall have the right to injunctive relief.
7.12. In the event of the sale or other transfer of control over the Course, Owner will
assign this Agreement to the purchaser or transferee, and upon such assignment and the written
assumptions by the purchaser of all the obligations of Owner to IGM hereunder, Owner shall be
fully released and relieved of all obligations hereunder arising from and after the date of the
assignment.
7.13. PERMITS,FEES, LICENSES.
Permits, fees, licenses necessary for performance of work by IGM will not be waived by
the County, and IGM shall be responsible for obtaining, and shall pay for, any such required
permits, fees, and licenses.
7.14. INTEREST OF IGM.
IGM covenants that it presently has no interest and shall not acquire any interest, direct or
indirect, which shall conflict with its performance, or services required to be performed, under
this Agreement. IGM further covenants that, in the performance of this Agreement, no person
having any such conflicting interest shall be employed by IGM.
7.15 COVENANT AGAINST CONTINGENT FEES.
IGM warrants that it has not employed nor retained any company or person, other than a
bona fide employee working solely for IGM, to solicit or secure this Agreement, and that it has
9
23
•
not paid or agreed to pay any person, company, corporation, individual or Finn, other than a
bona fide employee working solely for IGM, any fee, commission, percentage, gift, or any other
consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of this section, the County shall have the right, but not the duty, to terminate
this Agreement without liability, and, at its discretion, to deduct from the Agreement such price,
or otherwise recover the full amount of such fee, commission, percentage, gift or other
consideration.
7.16. SCHEDULE OF WORK.
IGM agrees to set an initial schedule of its work, and submit that schedule for approval
by the County no later than thirty(30) days prior to October 1 of each year. Subsequent changes
in schedule must be approved pursuant or as provided by Exhibit "B", Scope of Services &
General Requirements.
7.17. RECORDS AND AUDITS.
IGM agrees to maintain all books, documents, papers, records, and accounts pertaining to
work performed under this Agreement, including property, personnel, and financial records, as
are deemed necessary by the County to insure proper accounting for all funds expended under
this Agreement and in such a manner as will readily conform to the terms of this Agreement.
Said records and materials shall be available, upon request for audit or inspection purposes to
Indian River County, its authorized representatives, and its auditors at IGM's office at all
reasonable times during the term of this Agreement, and for three (3) years from the date of final
payment.
7.18. EQUAL OPPORTUNITY EMPLOYMENT.
Firm agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age, national
origin, or disability, and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to race, color, religion, sex, age,
national origin or disability. This provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfers; recruitment advertising; lay-off or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
7.19. INDEPENDENT CONTRACTOR.
It is agreed by the parties that, at all times and for all purposes within the scope of this
Agreement, the relationship of IGM to the County is that of independent contractor, and not that
of employee. No statement contained in this Agreement shall be construed to define IGM or any
of its employees as an agency or employee of the County. IGM shall not be entitled to any of the
rights,privileges or benefits of Indian River County agencies or employees.
7.20. SEVERABILITY.
If any of the provisions contained in this Agreement are held for any reason to be invalid,
illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not
affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
10
24
•
BY SIGNING BELOW, OWNER ACKNOWLEDGES HAVING READ THE TERMS AND
CONDITIONS SET FORTH HEREIN. OWNER FURTHER REPRESENTS AND
WARRANTS THAT IT UNDERSTANDS ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND AGREES TO BE STRICTLY BOUND THEREBY.
DATED this 1,2 11) day of S()ta`Xw 2005.
Witnesses: INTERNATIONAL GOLF MAINTENANCE,
INC.
•
f IOu � .C.(a
By: C./417
Print Name: I) h b LP Bair('{ Print Name: 5 o.i %...'
As its: C,,keneii4
Print Name:
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BYQ-y '-
Thomas S. Lowther, Chaim
BCC Approved: October 11 , 2005
BY: c A
Irt Josep . Baird, County A
Indian River County Approved DateStatOi> J
Administration
e
Budget ief�l 0.74— •` •
•
•
co.Atty. eg Attest: Gt, !LC
Jeffrey K. Barton, Clerk Kro ,
h
Risk Management tit_ 0917�' �1 tI
Public Works al.44.
Approved as to form and le ` •:
g s. "Cy:
ounty Attorney
11
25
EXHIBIT E
PRICING SUMMARY SHEET
EQUIPMENT PURCHASED (SCHEDULED A) $0.00
YEAR 1 SALARY&BENEFITS $525,862
OPERATING BUDGET COSTS $470,230
EQUIPMENT REPLACEMENT $0.00
TOTAL $996,092.00
YEAR 2 SALARY& BENEFITS $536,379
OPERATING BUDGET COSTS $479,634
PERCENTAGE OF INCREASE 2%
EQUIPMENT REPLACEMENT $25,000
TOTAL $1,041,013.00
YEAR 3 SALARY&BENEFITS $547,106
OPERATING BUDGET COSTS $489,227
PERCENTAGE OF INCREASE 2%
EQUIPMENT REPLACEMENT $50,000
TOTAL $1,086,333.00
YEAR 4 SALARY&BENEFITS $558,048
OPERATING BUDGET COSTS $499,011
PERCENTAGE OF INCREASE 2%
EQUIPMENT REPLACEMENT $75,000
TOTAL $1,132,059.00
YEAR 5 SALARY& BENEFITS $569,208
OPERATING BUDGET COSTS $508,992
PERCENTAGE OF INCREASE 2%
EQUIPMENT REPLACEMENT $100,000
TOTAL $1,178,200.00
26
C.-
INDIAN
RIVER COUNTY, FLORIDA CO ti F\'l
MEMORANDUM A(.1.\u:�
TO: Joseph A Baird; County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling, AIC , ommunity Development Director
FROM: John W. McCoy, AICP; Chief, Current Development
DATE: June 1, 2015
SUBJECT: LF2/MCP Harbor Point LP's Request for Final Plat Approval for a Commercial
Subdivision to be known as Harbor Point [2004040368-70464 / SD-07-08-08]
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of June 9, 2015.
DESCRIPTION & CONDITIONS:
Harbor Point is a commercial subdivision of an 18.56 acre parcel creating 5 commercial lots and a
stormwater tract. The property is zoned CG (Commercial General) and RM-6 (Residential Multi-
Family up to 6 units per acre. The 3.01 acre stormwater tract is zoned RM-6 and located in the
southeast corner of the development adjacent to RM-6 zoned property.
On April 23, 2009 the Planning and Zoning Commission granted major site plan and preliminary
plat approval for Harbor Point commercial subdivision. The applicant subsequently obtained site
plan release and constructed all of the required improvements to serve the shopping center. The
developer has obtained a certificate of completion for the overall commercial subdivision site's
infrastructure. The main shopping center, including a Publix, was constructed, received a certificate
of occupancy, and is located on what will become Lot 5 as shown on the subject final plat. In
addition, a McDonalds was approved and completed on a leased out-parcel, which will become Lot
3. Lots 1, 2, and 4 are vacant at this time. Future development of those lots will be handled through
the site plan approval process.
The Board is now to consider granting final plat approval for the Harbor Point commercial
subdivision.
ANALYSIS:
All of the required subdivision improvements have been completed. All improvements, with the
exception of utility and perimeter sidewalks, are privately dedicated. The utility improvements
were warranted separately as part of the site plan process, and sidewalks were completed as part of
the shopping center improvements.
27
F:\Community Development\CurDev\Final Plats\BCC staff reports\2015\HarborPointFPSD-07-08-08.rtf
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of County Commissioners grant final
plat approval for the Harbor Point commercial subdivision.
ATTACHMENTS:
1. Application
2. Location Map
3. Zoning Map
4. Plat Layout
Indian River Co Approved Date
APPROVED AGENDA ITEM:
Admin. �t G 411
FOR: p 5 Legal !if
�, , /C
Budget t 3/f5-
BY: fa „„/ 4,4frall
��:■� Dept. /j� 6/3//)"
Risk Mgr.
28
F:\Community Development\CurDev\Final Plats\BCC staff reports\2015\HarborPointFPSD-07-08-08.rtf
11 Act1 19?0,71,2,
FINAL PLAT (PLTF) APPLICATION �: ;: `' ' ',
PROJECT NAME PRINT): Harbor Point Shopping Center ,,r)
NOTE: THIS IS THE NAME THAT WILL BE USED FOR ALL REFERENCE TO THIS PRO C- T'\�,
(SUCH AS "WOODY BIG TREE SUBDIVISION").
CORRESPONDING PRELIMINARY PLAT PROJECT NAME AND P AN NUMBER:
Harbor Point Shopping Center o'ZDo17oz o,3 g -74 / -
SD- 07 08 _ 08
PROPERTY OWNER:(PLEASE PRINT) AGENT(PLEASE PRINT)
LF2 / MCP Harbor Point LP
NAME NAME
1131 Symonds Avenue
ADDRESS ADDRESS
Winter Park, Florida 32789
CITY,STATE,ZIP CITY,STATE,ZIP
(407)599-4444
PHONE NUMBER PHONE NUMBER
mcollard@collardproperties.com
EMAIL ADDRESS EMAIL ADDRESS
Michael Collard
CONTACT PERSON ONTACT PERSON
•4/111111 — ' ' OF O ER OR AGENT
PROJECT ENGINEER:(PLEASE PRINT) PROJECT SURVEYOR:(PLEASE PRINT)
Carter Associates, Inc. Carter Associates, Inc.
NAME NAME
1708 21st Street 1708 21st Street
ADDRESS ADDRESS
•
Vero Beach, Florida 32960 Vero Beach, Florida 32960
CITY,STATE,ZIP CITY,STATE,ZIP
(772)562-4191 (772)562-4191
PHONE NUMBER(s) PHONE NUMBER(s)
johnb@carterassoc.corn davidl@carterassoc.com
EMAIL ADDRESS EMAIL ADDRESS
•
John H. Blum, P.E. David E. Luethje, PSM
CONTACT PERSON CONTACT PERSON
1801 27th Street,Vero Beach FL 32960
•
F:\Community DcvelopmenflLTsers1CurDevll pplicetionsTinalPlatApplication.doc Revised January 1 of 3
ATTACHMENT 1
29
SITE PARCEL TAX ID#'S: 32-39-23-00000-3000-00005.0
COUNTY LAND DEVELOPMENT PERMIT(LDP)#: SD-07-08-08 / 2004040368 (Waiver)
DATE LDP ISSUED: June 16, 2011
ZONING: CG, RM-6
FLUE: C/I, M-1
TOTAL(GROSS)ACRES: 18.56 TOTAL NUMBER OF LOTS: 5 (Commercial)
AREA OF DEVELOPMENT(NET)ACREAGE: 18.s 6
DENSITY(UNITS PER ACRE): N/A
**PLEASE COMPLETE SUBMISSION CHECKLIST**
NOTE:"N/A"should be marked in the"YES"column if"Not Applicable"
MATERIAL
YES NO
1. Fee -$1400.00(checks payable to Indian River County) X —
2. Completed Final Plat Application Form x
3. Ten(10)Copies of the Final Plat(Must be signed and sealed by surveyor) X
4. Letter of Authorization (if applicant is not owner) N/A
5. Letter from developer providing timeline for achieving the
75%completion threshold for the overall subdivision improvement X
6. ONE OF THE FOLLOWING SETS OF REQUIRED IMPROVEMENT DOCUMENTS:
CONSTRUCTION COMPLETE-BUILD OUT:
(a) Certificate of Completion from Public Works or copy of letter to
Public Works and Utilities requiring inspection of improvements, to follow
IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC:
(b) Original Engineer's Certified Cost for Improvements(signed and sealed) N/A
Failure to provide information on which option is being selected may result in a delay in
processing the application.
OR
1801 27`h Street,Vero Beach FL 32960
F,\Community Developmentillsers\CurDev\ApplioationslFinn1PlatAppiication.doc Revised January 2011 2 of 3
ATTACHMENT 1 30
CONSTRUCTION INCOMPLETE-BOND OUT:
(a) Original Engineer's Certified Cost Estimate for Improvements
(signed and sealed;note items to be completed or percent completed
at 75%threshold for overall subdivision).
(b) Statement that improvements are nearing completion and a x
certificate of completion will be obtain prior to final plat approval
7. Copies of Documents to be recorded with the final plat;
a. Covenants,Deed Restrictions,Bylaws,etc.
or Statement There Are None x
b. Property Owner's Association Articles of Incorporation
or statement indicating why recording of POA is NOT
required. N/A
1801 27th Street,Vero Beach FL 32960
F:\Community I}evelopmenalserslCurl74MAppricationslFinalPlatApptication.doc Rovised January 2011 3 of 3
ATTACHMENT 1 3><
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INDIAN RIVER COUNTY
MEMORANDUM
TO: Joseph A. Baird
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling,AICP
Community Developmen Director
FROM: Roland M. DeBlois,AICD
Chief, Environmental Planning
DATE: June 2,2015
RE: Approval of Change Order No. 2 to a Contract with Summerlin's Marine
Construction, LLC for Boat Dock Repair / Replacement at the Jones's Pier
Conservation Area
It is requested that the Board of County Commissioners formally consider the following information at
the Board's regular meeting of June 9, 2015.
DESCRIPTION AND CONDITIONS
On November 18, 2014, the Board of County Commissioners approved a construction agreement with
Summerlin's Marine Construction, LLC to repair docks at the Jones's Pier Conservation Area, as
described in a Request for Proposals (RFP). As specified in the RFP, a small, dilapidated single-family
dock on the northern shore of the property was originally slated to be removed and not replaced. At the
Board's November 18, 2014 meeting, however, the Board approved a $10,880.00 change order (Change
Order #1) to the RFP contract for Summerlin's Marine Construction to replace the northern dock, in
addition to repairs to the main multi-slip dock facility.
Summerlin's Marine Construction has mobilized and is now in the process of conducting the dock
repairs. During the course of that process, staff, in coordination with the contractor, as determined a need
for a second change order relating to replacement of the northern small dock.
Proposed Change Order#2(Attachment 1 to this report) is summarized as follows:
• Change Order#2: $4,850.00 (total) for: safety curbing on each side of the dock ($1,350.00); for
an 8' x 10' reconstructed terminal platform($3,200.00); and for related engineering($300.00).
Change Order#2 is herein presented for the Board's approval consideration.
1
36
ANALYSIS
Change Order#1, which was approved at the Board's November 14, 2014 meeting for replacement of the
small northern dock, was based on an estimate for the work provided by Summerlin at that time (see
Attachment 2). In reading that estimate, however, staff misinterpreted a reference of"furnish and install
5' x 77' north dock for the sum of$10,880.00" as inclusive of other costs in the estimate. Staff has since
learned that the other $4,850.00 (combined) costs in the estimate were not part of, but in addition to, the
$10,880.00.
Despite that misunderstanding, staff feels that the overall revised/corrected cost of $15,730.00 for full
replacement of the north dock is a reasonable price,warranting County approval of Change Order#2.
Following is a summary of the contract price as amended by proposed Change Order#2:
CHANGE IN CONTRACT PRICE
Description Amount
Original Contract Price(Jones's Pier repair and north dock removal) $61,099.00
Change Order 1 (approved by BCC 11/14/14 - north dock repair/replacement) $10,880.00
Proposed Change Order 2 (north dock repair/replacement) $4,850.00
Contract Price with Change Orders $76,829.00
Funding
County environmental land bond funds are eligible to be used as the County's funding source for the
work. As of March 31, 2015, the cash balance of the environmental land bond fund account was
$195,376.33, an amount which covers the estimated $76,829.00 needed for the overall project, as
amended by proposed Change Order#2.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the attached Change Order#2 to the
construction agreement with Summerlin's Marine Construction, LLC for dock repairs at the Jones's Pier
property, and authorize staff to sign the change order on behalf of the County, with County costs to be
funded with environmental land bond funds.
ATTACHMENTS:
1. Proposed Change Order#2.
2. Summerlin's estimate for replacement of northern single-family dock.
APPROVED:
I.R.County A,• ved Date
Admin. 1= W3/6"FOR: June 9,2015 Legal A I�
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Budget 4( IDept.
BY: .�� I I de." I Risk Mgr.
2
M:\LAACUONES'S P1ER\FIND Grant APP 2013\Jones Pier Summerlin Contract Change Order 2 BCC item for 6-9-15.rtf 37
SECTION 00942 - Change Order Form
No. 2
DATE OF ISSUANCE: June 9, 2015 EFFECTIVE DATE: June 9, 2015
OWNER: Indian River County
CONTRACTOR: Summerlin's Marine Construction, LLC
Bid No.: N/A
Project: RENOVATIONS TO JONES' PIER DOCKS
OWNER's Proj. # RFP 2014030
This Change Order authorizes the following changes in the Contract Documents for the
Renovations to Jones' Pier Docks Construction Agreement:
Description:
Change Order No. 2 is for work relating to replacement /reconstruction the northern single-
family dock on the Jones' Pier property, in addition to the original contract sum as amended
by Change Order No. 1. Change Order No. 2 work is summarized as follows:
• Curb installation on each side of dock for safety: $1,350.00
• Reconstruction of 8' x 20' terminal platform: $3,200.00
• Related engineering: $300.00
Total: $4,850.00
Reason for Change Order:
To account for additional / overall costs for the small northern dock replacement, in addition
to Change Order No. 1 cost, which was for 5' x 77' dock portion installation (only).
Attachment: (List documents supporting change)
Summerlin's Marine Construction, LLC Estimate for Replacement of Northern Dock
CHANGE IN CONTRACT PRICE:
Description Amount
Original Contract Price $61,099.00
Change Order 1 (approved by BCC 11/14/14): $10,880.00
Increase this Change Order: $4,850.00
Contract Price with this Change Order: $76,829.00
ACCEPTED: APPROVED:
By: By:
CONTRACTOR (Signature) OWNER REPRESENTATIVE (Signature)
Date: Date: Approved by the BCC 6/9/15
ATTACHMENT 1
Summerlin Contract Change Order 2
00942-1 38
M:\LAAC\JONES'S PIER\FIND Grant APP 2013\Summerlin Contract Change Order 2.doc Rev.05/01
Summerlin's Marine Construction, LLC Estimate
200 Naco Road #G
Fort Pierce, FL 34946 bate Estimate#
Phone# 772-464-6090 9/23/2014 1917
Fax# 772-464-7470
Summerlin 7cs@ao l.con
Name/Address
INDIAN RIVER COUNTY
1800 27TH STREET,BLDG B
VERO BEACH,FL 32960
att:Roland
Project
Description
IN REFERENCE TO JONES PIER NORTH DOCK,SUMMERLIN'S AGREES TO DO THE FOLLOWING:
REMOVAL AND DISPOSAL IS INCLUDED IN THE ORIGINAL BID.
FURNISH AND INSTALL 5'X 77 NORTH DOCK FOR THE SUM OF$10.880.00.WORK TO BE DONE IN ACCORDANCE TO
ENCLOSED DRAWINGS.
WE RECOMMEND A CURB ON EACH SIDE TO PREVENT FALLS FOR THE SUM OF$1.350.00,
THE TERMINAL PLATFORM IS CURRENTLY 10 x 22'. WE RECOMMEND A 8'x 20'TO BE COMPLIANT WITH THE DEP CURRENT
REGULATIONS.COST FOR THE 8'x 20= 53,200.00.
PERMITS:
DRAWINGS-IF REQUIRED$400.00-$600.00
ENGINEER-$300.00
PERMIT FEE-TBD
FULL PAYMENT IS DUE UPON COMPLETION.
IF YOU HAVE ANY QUESTIONS,PLEASE FEEL FREE TO CONTACT OUR OFFICE.
TO ACCEPT THIS PROPOSAL AND BE PLACED ON OUR
SCHEDULE.YOU MUST SIGN AND RETURN TO OUR OFFICE. Signature
THIS ESTIMATE IS ONLY'VALR)FOR.90 DAYS.
ATTACHMENT Z
39
CONSENT
AGENDA
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird; County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling, AIC ; Co munity Development Director
THROUGH: Phil Matson, AICP; MPO Staff Director
FROM: Brian Freeman, AICP; Senior Transportation Planner ( F
DATE: May 27, 2015
SUBJECT: Request for Approval to Enter into a Public Transportation Joint Participation
Agreement(JPA)with the Florida Department of Transportation(FDOT)for a
Commuter Assistance Grant
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of June 9, 2015.
DESCRIPTION & CONDITIONS
For the past several years, the county has applied for and received transit operating assistance
through Florida Department of Transportation(FDOT)grant programs.Those grant funds have been
passed through to the Senior Resource Association (SRA), Indian River County's transit service
provider.
Recently, the county was approved for an FDOT Commuter Assistance Grant that will provide
funding for a new bus route that would serve as a circulator in the Vero Beach barrier island business
district. The proposed beachside circulator will be known as GoLine Route 16 and will connect
employment,business,tourist, and leisure destinations with a remote parking lot at Riverside Park,
where the circulator will also connect with GoLine Route 1.It is expected that Route 16 will operate
at a 15-minute frequency(i.e. four stops per hour at each destination along the route). The service is
expected to begin on July 1, 2015.
The proposed circulator represents the first public-private partnership to support public
transportation in Indian River County. The grant has a local match requirement equal to 25%of the
state funds. In this case, the local match for the first year of service is $40,000, which is being
F:\Community Development\Users\MPO\Transit\Grants\Commuter\Beachside Circulator\2015\bcc staff report.docx 1
40
provided by a local business, the Vero Beach Hotel and Spa(see Attachment#4). According to the
agreement,the Vero Beach Hotel and Spa will provide upfront the$40,000 in local matching funds.
At this time, the Board needs to approve the agreement in order to accept the funds and apply those
funds as the grant's required local match.
To incentivize private sector participation in the project,the SRA has agreed to place advertising for
the participating business on the beachside circulator bus. In subsequent years,it is expected that the
local match will continue to be provided by the private sector. FDOT has confirmed that, should no
business be willing to pay the local match, the County will be under no obligation to continue
operating the service.
The cost to operate the beachside circulator is approximately$200,000 per year. Of this amount,the
required local contribution is $40,000. The total amount being made available by FDOT during FY
2014/15 and 2015/16($263,741)is sufficient to fund over 18 months of service.At this time,FDOT
has allocated an initial amount of $88,841 to the county to begin the service. During state FY
2015/16,an additional $174,900 will be awarded to the County. If the proposed beachside circulator
is successful,FDOT has indicated that it will remain eligible in future years for funding through the
Commuter Assistance program.
In order to receive the funds for FY 2014/15, the BCC must enter into a Joint Participation
Agreement(JPA)with FDOT, a copy of which is attached to this staff report(Attachment#2). The
FY 2015/16 funds will be made available through a Supplemental JPA that will be brought before
the Board after July 1, 2015.
ANALYSIS
The attached resolution(Attachment#1)authorizes the Chairman to execute the JPA for Commuter
Assistance Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution
of the JPA, MPO staff will transmit the JPA to FDOT.
With respect to the Commuter Assistance Grant program, the county receives the grant funds and
transfers those funds to the county's Community Transportation Coordinator and transit provider,the
Senior Resource Association(SRA). The SRA,in turn,provides the service as directed by the county
and as identified in the JPA. In this case, the funds will be used to operate the beachside circulator.
Because the local matching funds for the first year of service are being provided by the Vero Beach
Hotel and Spa,this grant is a public-private partnership. The agreement between the SRA and Vero
Beach Hotel and Spa (Attachment #4) needs to be approved by the Board so that the county can
accept those funds and apply them as the required local match.
FUNDING
The local match for the first year of beachside circulator service ($40,000) is being provided by a
local business, the Vero Beach Hotel and Spa. During future years, it is expected that the hotel or
another business will provide the local match. FDOT has confirmed that, should no business be
F:\Community Development\Users\MPO\Transit\Grants\Commuter\Beachside Circulator\2015\bcc staff report.docx 2
41
willing to pay the local match, the County will be under no obligation to continue operating the
service. Therefore, no county funding is required.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached Public
Transportation Joint Participation Agreement, adopt the attached resolution authorizing the
Chairman to sign the agreement,and approve the agreement with the Vero Beach Hotel and Spa for
contribution of the local match.
ATTACHMENTS
1. Authorizing Resolution for the Execution of a Public Transportation Joint Participation
Agreement
2. FDOT Public Transportation Joint Participation Agreement
3. Grant Budget Form
4. Agreement with Vero Beach Hotel and Spa for Local Match Contribution
APPROVED AGENDA ITEM:
FOR:
BY: (O,n A- qac '
Indian River Co, Approved Date
Admin. '' 6- 315-
Legal Kt 6-1311.r
Budget 3 )5
Dept. 6/4/5—
Risk
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F:\Community Development\Users\MPO\Transit\Grants\Commuter\Beachside Circulator\20I5\bcc staff report.docx 3
42
RESOLUTION NO. 2015 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A
PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS, Indian River County has applied for and been allocated state mass transit
operating assistance under FDOT Procedure number 725-030-003-e, also known as the Commuter
Assistance Grant Program; and
WHEREAS, Indian River County, as the designated recipient of federal and state public
transportation funding, must be the recipient of those funds on behalf of the Indian River County—
Senior Resource Association; and
WHEREAS, Indian River County is eligible to receive grant funding under Title XXVI,
Chapter 341 of Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and
WHEREAS,the Florida Department of Transportation provides Commuter Assistance Grant
funds to Indian River County to assist in the continuance and expansion of local public transportation
services.
NOW,THEREFORE,BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
1. That the Chairman of the Indian River County Board of County Commissioners is authorized
to execute a public transportation Joint Participation Agreement with the Florida Department
of Transportation to obtain$88,841 in FY 2014/15 state Commuter Assistance Grant funds
for operating assistance as part of the County's ongoing public transportation service.
2. That the Indian River County Community Development Director or his designee is
authorized to furnish such additional information as the Florida Department of
Transportation may require in connection with the County's Commuter Assistance Grant.
THIS RESOLUTION was moved for adoption by , and the
motion was seconded by , 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
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43
h1 'CHMENT 1
RESOLUTION NO. 2015 -
The Chairperson thereupon declared the resolution duly passed and adopted this 9th day
of June , 2015.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Wesley S. Davis, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State
and County to take acknowledgments, personally appeared Wesley S. Davis, as Chairman of the
Board of County Commissioners,and ,as Deputy Clerk,to me known to be
the persons described in and who executed the foregoing instrument and they acknowledged before
me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 9th day
of June , 2015.
Notary Public
APPROVED AS TO LEGAL SUFFICIENCY
SEAL:
BY —1, I
ylan Reingold,-
County Attorney
APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS
BY:
Stan Boling, A ' ', Director
Community Development Department
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
725-030-06
PUBLIC TRANSPORTATION TRANSPORTATION PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT OGC Page 1'of 144
Financial Project No.: Fund: DPTO
FLAIR Approp.: 088774
437719-1-84-01 Function: 215 FLAIR Obj.: 751000
(item-segment-phase-sequence) Federal No.:
Org.Code: 55042010429
Contract No.: DUNS No.: 80-939-7102 Vendor No.: VF596000674007
CFDA Number. NA CSFA Number: 55.007
Agency DUNS No:
CFDA Title:
CSFA Title: Commuter Assistance
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Indian River County
1801 27th Street, Vero Beach, FL 32960
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 6/30/20 and this Agreement will expire unless a time extension is provided
in accordance with Section 16.00.
WITNESSETH :
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
341 , Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to grant operating funds for the Beachside Circulator, a public-privately funded transit route. The new service will
circulate among employment, tourist, business, and leisure destinations in the beachside business area. The route
will also provide park-and-ride service from a remote parking lot owned by the City of Vero Beach. The new route
will connect with GoLine Route#1 at two locations(the City Marina and Humiston Beach Park).
Total amount may be supplemented for additional years of operations,contingent upon project performance and
availability of funds;
and as further described in Exhibit(s) A,B,C,D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
ATTACHMENT9
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2.00 Accomplishment of the Project
2.10 General Requirements:The Agency shall commence, and complete the project as described in Exhibit
"A"attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal,State,and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency:The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings,Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit"C"attached hereto and by this reference made a part hereof. The Department has the option to
require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards
completion.
3.00 Project Cost: The total estimated cost of the project is$ 118,455.00 . This amount
is based upon the estimate summarized in Exhibit"B"attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation:The Department agrees to maximum participation, including contingencies,
in the project in the amount of$ 88,841.00 as detailed in Exhibit"B", or in an amount equal to the
percentage(s)of total project cost shown in Exhibit"B", whichever is less.
4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or
other obligating documents as required by the Department, and all other terms of this Agreement;
(c) Department approval of costs in excess of the approved funding or attributable to actions which have not received
the required approval of the Department and all other terms of this Agreement;
(d) Department approval of the project scope and budget(Exhibits A& B)at the time appropriation authority
becomes available.
4.20 Front End Funding : Front end funding D is 2 is not applicable. If applicable, the Department may
initially pay 100%of the total allowable incurred project costs up to an amount equal to its total share of participation as
shown in paragraph 4.00.
5.00 Project Budget and Payment Provisions:
5.10 The Project Budget:A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in
conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or
Amendment thereto, and is approved by the Department Comptroller.
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5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is
scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the
date the invoice is submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after
receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the
State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the
Participant is unsatisfactory, the Department shall notify the Participant of the deficiency to be corrected, which correction
shall be made within a time-frame to be specified by the Department. The Participant shall,within five days after notice
from the Department, provide the Department with a corrective action plan describing how the Participant will address all
issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels,
deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the
Participant shall be assessed a non-performance retainage equivalent to 10%of the total invoice amount. The retainage
shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the Participant
resolves the deficiency. If the deficiency is subsequently resolved, the Participant may bill the Department for the retained
amount during the next billing period. If the Participant is unable to resolve the deficiency, the funds retained may be
forfeited at the end of the Agreement's term.
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and"Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the"project account". Records of costs incurred under terms
of this Agreement shall be maintained in the project account and made available upon request to the Department at all
times during the period of this Agreement and for five(5)years after final payment is made. Copies of these documents
and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general
accounting records and the Project records,together with supporting documents and records, of the Agency and all
sub-consultants performing work on the Project and all other records of the Agency and sub-consultants considered
necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of
the five(5)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
6.20 Costs Incurred for the Project:The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
6.30 Documentation of Project Costs:All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls,time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
6.40 Checks,Orders,and Vouchers:Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and,to the extent feasible, kept separate and apart from all other such
documents.
6.50 Audit Authority:The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do
not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal
awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor
General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified
below.
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Part I Federally Funded:
1. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal
years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by
Department staff and/or other procedures including, reviewing any required performance and financial reports, following
up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those
findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement,
the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Department, State of Florida Chief Financial Officer(CFO)or State of Florida Auditor General.
2. The Agency, a non-Federal entity as defined by OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and as defined by 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or
after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is
subject to the following requirements:
a. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold
established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by
2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014,
the Agency must have a Federal single or programspecific audit conducted for such fiscal year in accordance
with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in
accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning
on or after December 26, 2014. Exhibit to this Agreement provides the required
Federal award identification information needed by the Agency to further comply with the requirements of
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR
Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014. In
determining Federal awards expended in a fiscal year,the Agency must consider all sources of Federal
awards based on when the activity related to the Federal award occurs, including the Federal award provided
through the Department by this Agreement. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and established by 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal
years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in
accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014,
and in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or
after December 26, 2014,will meet the requirements of this part.
b. In connection with the audit requirements,the Agency shall fulfill the requirements relative to the auditee
responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and
as provided in 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after
December 26, 2014.
c. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F-Audit Requirements,
for fiscal years beginning on or after December 26,2014, in Federal awards,the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption
statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of
the Agency's audit period for each applicable audit year. In the event the Agency expends less than the
threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and
established by 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after
December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted in accordance
with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in
accordance with 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after
December 26, 2014, the cost of the audit must be paid from non-Federal resources (i.e.,the cost of such an
audit must be paid from the Agency's resources obtained from other than Federal entities).
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d. The Agency must electronically submit to the Federal Audit Clearinghouse(FAC)at
https://harvester.census.gov/facweb/the audit reporting package as required by OMB Circular A-133, for
fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F-Audit
Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar
days after receipt of the auditor's report(s)or nine months after the end of the audit period. The FAC is the
repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December
26, 2014, and for audits required by 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years
beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of
the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30
calendar days after receipt of the auditor's report(s)or nine months after the end of the audit period as
required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2
CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014.
e. Upon receipt, and within six months, the Department will review the Agency's audit reporting package,
including corrective action plans and management letters,to the extent necessary to determine whether
timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided
through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR
Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014, the
Department may impose additional conditions to remedy noncompliance. If the Department determines that
noncompliance cannot be remedied by imposing additional conditions,the Department may take appropriate
actions to enforce compliance.
f. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the
CFO or State of Florida Auditor General access to the Agency's records including financial statements, the
independent auditor's working papers and project records as necessary. Records related to unresolved audit
findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved.
g. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit@dotstate.fl.us
Part II State Funded:
1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring
procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by
Department staff and/or other procedures including, reviewing any required performance and financial reports,following
up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this
Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Department,the Department of Financial Services(DFS)or State of
Florida Auditor General.
2. The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state
financial assistance awarded by the Department through this Agreement is subject to the following requirements:
a. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida
Statutes,the Agency must have a State single or project-specific audit conducted for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services;
and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of
the Auditor General. Exhibit B to this Agreement indicates state financial assistance
awarded through the Department by this Agreement needed by the Agency to further comply with the
requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a
fiscal year,the Agency shall consider all sources of state financial assistance, including state financial
assistance received from the Department by this Agreement, other state agencies and other nonstate
entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
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b. In connection with the audit requirements,the Agency shall ensure that the audit complies with the
requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting
package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550(local governmental
entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General.
c. In the event the Agency does not meet the audit threshold requirements established by Section 215.97,
Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section
215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the
Department at FDOTSingleAudit@dot.state. fl.us no later than nine months after the end of the Agency's
audit period for each applicable audit year. In the event the Agency does not meet the audit threshold
requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be
paid from the Agency's resources(i.e., the cost of such an audit must be paid from the Agency's resources
obtained from other than State entities).
d. In accordance with Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General, copies of financial reporting packages required by this
Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit@dot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111W Madison Street, Room 401
Tallahassee, FL 32399-1450
e.Any copies of financial reporting packages, reports or other information required to be submitted to the
Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters
10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
f. The Agency,when submitting financial reporting packages to the Department for audits done in accordance
with Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of
the Auditor General, should indicate the date the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
g. Upon receipt, and within six months, the Department will review the Agency's financial reporting package,
including corrective action plans and management letters,to the extent necessary to determine whether
timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial
assistance provided through the Department by this Agreement. If the Agency fails to have an audit
conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective
action to enforce compliance.
h. As a condition of receiving state financial assistance,the Agency shall permit the Department, or its designee,
DFS or the Auditor General access to the Agency's records including financial statements, the independent
auditor's working papers and project records as necessary. Records related to unresolved audit findings,
appeals or litigation shall be retained until the action is complete or the dispute is resolved.
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The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of
five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida
Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made
available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five
years from the date the audit report is issued unless extended in writing by the Department.
6.60 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will
maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
in the lost equipment or facility. The Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments:
7.10 Action by the Agency: In order to obtain any Department funds,the Agency shall file with the Department
of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard , Fort Lauderdale , FL, _
33309-3421 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project
account(as defined in Paragraph 6.10 hereof)to justify and support the payment requisitions.
7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established
in Exhibit"A". Each deliverable must specify the required minimum level of service to be performed and the criteria for
evaluating successful completion.
7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as
established in Exhibit"A". Deliverables must be received and accepted in writing by the Department's Project Manager
prior to payments.
7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the
Department and that the required minimum level of service to be performed based on the criteria for evaluating successful
completion as specified in Section 2.00 and Exhibit"A"has been met.
7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and
shall be submitted on the Department's Travel Form No.300-000-01. The Department may establish rates lower than the
maximum provided in Chapter 112.061, F.S.
7.15 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
7.21 Misrepresentation:The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
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7.22 Litigation:There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project,the Agreement, or payments to the project;
7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
7.24 Conflict of Interests:There has been any violation of the conflict of interest provisions contained herein;
7.25 Default:The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement; or
7.26 Federal Participation(If Applicable):Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit"B."
7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs
which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or
services received under a contract or other arrangements which have not been approved by the Department
and costs invoiced prior to receipt of annual notification of fund availability.
7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement,the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty(60)days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2)furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and(3)remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
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10.00 Contracts of the Agency:
10.10 Third Party Agreements:The Department specifically reserves the right to review and approve any and all third
party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the
disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such
approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. The Department
specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or
disapprove the employment of the same. If Federal Transit Administration (FTA)funds are used in the project, the
Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services
10.21 Compliance with Consultants'Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287.055, F.S., Consultants'Competitive Negotiation Act.At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall
certify to the Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants'
Competitive Negotiation Act.
10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves the purchase of commodities
or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities,which
includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for
CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter
287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual
services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency
to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts,
purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the
current budget contained in Exhibit"B", or that is not consistent with the project description and scope of services
contained in Exhibit"A" must be approved by the Department prior to Agency execution. Failure to obtain such approval,
and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the
Department as provided in Section 7.23.
10.30 Disadvantaged Business Enterprise(DBE)Policy and Obligation:
10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
part 26 in the award and administration of DOT-assisted contracts. 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 recipient deems appropriate.
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any
DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved
by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry
out its approved program,the Department may impose sanctions as provided for under part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31
U.S.C. 3801 et seq.)
10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
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11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. 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.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts,except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work,the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
11.20 Title VI-Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that
the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d,et.
seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency
pursuant thereto.
11.30 Title VIII-Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42 USC 3601,et
seq.,which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed,
sex, and age.
11.40 Americans with Disabilities Act of 1990(ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA(42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
11.50 Prohibited Interests:The Agency shall not enter into a contract or arrangement in connection with the project
or any property included or planned to be included in the project,with any officer, director or employee of the Agency, or
any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an
officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's
spouse or child, or any combination of them, has a material interest.
"Material Interest"means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project,with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
11.60 Interest of Members of,or Delegates to,Congress: No member or delegate to the Congress of the
United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit
arising therefrom.
12.00 Miscellaneous Provisions:
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securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance Page 11 of 14
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
12.71 Property Records:The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards.The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
12.90 Contractual Indemnity:To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents,or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14)working days and will jointly discuss options in defending the claim.After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
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Engineer's Certification that certifies project compliance as listed below, or in Exhibit"C" if applicable. For the plans,
specifications, construction contract documents, and any and all other engineering, construction, and contractual
documents produced by the Engineer, hereinafter collectively referred to as"plans", the Agency will certify that:
a. All plans comply with federal, state, and professional standards as well as minimum standards established by the
Department as applicable;
b. The plans were developed in accordance with sound engineering and design principles, and with generally
accepted professional standards;
c. The plans are consistent with the intent of the project as defined in Exhibits"A"and"B"of this Agreement as well
as the Scope of Services; and
d. The plans comply with all applicable laws, ordinances,zoning and permitting requirements, public notice
requirements, and other similar regulations.
Notwithstanding the provisions of this paragraph,the Agency, upon request by the Department, shall provide plans
and specifications to the Department for review and approvals.
14.00 Project Completion,Agency Certification:The Agency will certify in writing on or attached to the final
invoice,that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
15.00 Appropriation of Funds:
15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
15.20 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a)The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
16.00 Expiration of Agreement:The Agency agrees to complete the project on or before
6/30/20 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
Director of Transportation Development . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 8.00 of this Agreement shall be initiated.
16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
17.00 Agreement Format:All words used herein in the singular form shall extend to and include the plural.All
words used in the plural form shall extend to and include the singular.All words used in any gender shall extend to and
include all genders.
18.00 Execution of Agreement:This Agreement may be simultaneously executed in a minimum of two
counterparts,each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
19.00 Restrictions on Lobbying:
Page 12 of 14 56
725-0
0-06
19.10 Federal: The Agency agrees that no federal appropriatedTRANSPORTATION 9 Y 9 funds have been paid or will be paid by or on beh2elf�rannlsaor�rnnoN
the Agency,to any person for influencing or attempting to influence any officer or employee of any federal agency, a Page 131of 14
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract,the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant,
loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting
to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements)and that all
subrecipients shall certify and disclose accordingly.
19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
20.00 Vendors Rights:Vendors(in this document identified as Agency)providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5)working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S.will be due and payable, in addition to
the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers.
as defined by rule. Interest penalties of less than one(1)dollar will not be enforced unless the Agency requests payment.
Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment.
The invoice payment requirements do not start until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from the
Department. The Vendor Ombudsman may be contacted at(850)413-5516 or by calling the Division of Consumer Services
at 1-877-693-5236.
21.00 Public Entity Crime:A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided ins. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list.
22.00 Discrimination:An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity.
23.00 E-Verify:
Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the Vendor/Contractor during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
Page 13 of 14 57
725-030-06
PUBLIC TRANSPORTATION
OGC-12/14
Page 14 01 14
IN WITNESS WHEREOF,the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY FDOT
Indian River County
AGENCY NAME See attached Encumbrance Form for date of Funding
Approval by Comptroller
SIGNATORY(PRINTED OR TYPED) LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
Stacy L. Miller, P.E.
SIGNATURE DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE TITLE
APPROVED AS TO FORM
AND SUF ENGY
SY
K.
DEPUTY COUNTY ATTORNEY
Page 14 of 14 58
Financial Project No. 437719-1-84-01
Contract No.
Agreement Date
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Indian River County
1801 27th Street, Vero Beach, FL 32960
referenced by the above Financial Project Number.
PROJECT LOCATION:
Indian River County
PROJECT DESCRIPTION:
The new transit service, the Beachside Circulator, will circulate among employment,tourist, business. and leisure
destinations in the beachside business area. The route will also provide park-and-ride service from a remote
parking lot owned by the City of Vero Beach. The new route will connect with GoLine Route#1 at two locations
(the City Marina and Humiston Beach Park).
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s)required in paragraph 6.60 of the Agreement shall include a schedule of project assistance that will
reflect the Department's contract number, Financial Project Number and the Federal Identification number,where
applicable,and the amount of state funding action(receipt and disbursement of funds)and any federal or local funding
action and the funding action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
If the project scope changes,the FDOT project manager must be notified in writing, including but not limited to: route
change/length, number and/or size of vehicles, operating hours, fares, number of stops, headway, funding, etc.
DELIVERABLES:
1.)Quarterly status reports, including ridership data, are to be submitted every three months.
2.)A detailed five-year project budget or pro-forma that delineates all operating and capital expenses associated with the
project, clearly defines the expenses associated with the project as it relates to this grant and proposed/projected revenue
stream.
3.)A copy of the service area or route map and/or schedules.
4.)Copy of any third party agreement that is paid for in whole or part with State grant funds, please see section 12.0 of
JPA. This includes but is not limited to, purchased transportation services. All third party contracts must be reviewed by
FDOT prior to issuance.
5.) Site visits and route field review may be required by the state project manager to monitor the progress of the project.
Page 1 of 1 59
Financial Project No. 437719-1-84-01
Contract No.
Agreement Date
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Indian River County
1801 27th Street, Vero Beach, FL 32960
referenced by the above Financial Project Number.
PROJECT COST: $118,455.00
TOTAL PROJECT COST: $118,455.00
II. PARTICIPATION:
Maximum Federal Participation
( %) or $
Agency Participation
In-Kind ( %) or $
Cash ( 25 %) or $ 29,614.00
Other ( %) or $
Maximum Department Participation,
Primary
DPTO
( 75 %) or $
%) or $ 88,841.00
Federal Reimbursable
Local Reimbursable (
( /o) or $
TOTAL PROJECT COST: $118,455.00
Page 1 of 1 60
Financial Project No. 437719-1-84-01
Contract No.
Agreement Date
EXHIBIT "C"
(GENERAL - with Safety Requirements)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Indian River County
1801 27th Street, Vero Beach, FL 32960
referenced by the above Financial Project Number.
Reference statutes as applicable.
Mark the required Safety submittal or provisions for this agreement if applicable.
Safety Requirements
X Bus Transit System -In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code, the
Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has
adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter
14-90 and has performed annual safety inspections of all buses operated.
_Fixed Guideway Transportation System -(established) In accordance with Florida Statute 341.061, the Agency shall
submit, and the Department shall have on file, annual certification by the Agency of compliance with its System
Safety Program Plan, pursuant to Rule Chapter 14-55.
_Fixed Guideway Transportation System - (new)In accordance with Florida Statute 341.061, the Agency shall submit a
certification attesting to the adoption of a System Safety Program Plan pursuant to Rule Chapter 14-55. Prior to
beginning passenger service operations,the Agency shall submit a certification to the Department that the
system is safe for passenger service.
Page 1 of 1
61
Financial Project No. 437719-1-84-01
Contract No.
Agreement Date
EXHIBIT "D"
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
(e.g.,What services or purposes the resources must be used for)
(e.g., Eligibility requirements for recipients of the resources)
(Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above,the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations,etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance(Number&Title) Amount
Compliance Requirements
STATE RESOURCES
State Agency Catalog of State Assistance(Number&Title) Amount
FDOT 55.007
$88,841.00
Compliance Requirements
All agencies receiving commuter assistance funding will be required to monitor and report to the District office the following
data on an annual basis:
(a)Number of commuters requesting assistance
(b)Number of commuters switching from single occupant vehicles
(c)Number of agency vans in service, and other coordinating agency vans that are
participating in the rideshare-matching program(where applicable)
(d)Number of vehicle trips eliminated for all commuters participating in the commuter
assistance program
(e)Number of vehicle miles eliminated for all commuters participating in the commuter
assistance program
(f) Number of employer contacts and employers participating
(g)Description of major accomplishments
(h)Number of parking spots saved/parking needs reduced
(i)Amount of commuter costs saved
Matching Resources for Federal Programs
Federal Agency Catalog of Federal Domestic Assistance(Number&Title) Amount
Compliance Requirements
Page 1 of 2 62
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY BCC Approved:
Wesley S. Davis, Chairman
ATTEST:
JEFFREY R. SMITH
Clerk of the Circuit Court and Comptroller
By
, Deputy Clerk
APPROVED:
By cQsa,2 ,�A.
Joseph. Baird, County Administrator
APPROVED AS TO LEGAL FOR LI and SUFFIENCY:
Byit(-IL14_I:
William K. DeBraal, Deputy County Attorney
s
69
g1VER\\ ?F-
4` _?-4* Z Office 0,f Consent 0610912015
41t.
INDIAN INDIAN RIVER COUNTY
/ ATTORNEY
Dylan Reingold.County Attorney
William K. De3raai.Deputy County Attorney
Kate Pingolt Cotner,Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: William K. DeBraal, Deputy County Attorney
DATE: June 3, 2015
SUBJECT: City of Vero Beach Marina Bus Shelter Agreement
As ridership and expansion of the GoLine Indian River Transit System continues, the County has
been working with local municipalities to establish additional locations for bus shelters. GoLine has
been working with County Staff in order to locate desirous and safe locations with adequate property
or right-of-way for installation of the prefabricated bus shelters. The County has agreed to install
and maintain the bus shelters at locations agreeable to the participating municipalities. Any damage
or vandalism done to the shelters is reported to the County and the County promptly remedies the
problem.
The Vero Beach City Marina has been a popular barrier island stop. While there is insufficient right-
of-way present to install a shelter, the City of Vero Beach has offered to provide adjacent City owned
property as a site for the bus shelter. A sketch of the site is attached to this memorandum.
City of Vero Beach and County Staff have drafted the attached proposed License Agreement for Use
of City Real Property (Bus Shelter — Municipal Marina) for placement of the shelter on City owned
land. Pursuant to the proposed agreement, the license would expire upon breach of the agreement
or should the City need the land for a use incompatible with the bus shelter. If an incompatible use
develops the parties will work in good faith to reduce the impact to the shelter or seek a nearby
location appropriate for its replacement. The County would be responsible for any repairs or
maintenance to the structure and attachments and the City will agree to mow the area and empty
the trash cans in the shelter.
Funding. The City is not seeking any type of rental rate or lease term, so the only financial impact
would be installation of the shelter, estimated to be $8,500. Funding is available from a combination
of Optional Sales Tax and grant funds.
Recommendation: Staff recommends the Board approve the attached License Agreement for Use
of City Real Property (Bus Shelter— Municipal Marina) with the City of Vero Beach and authorize the
Chairman to execute the agreement on behalf of the Board of County Commissioners.
c: Karen Deigl, Senior Resource Association, Inc. inetan Flaw Ca a Date~I
Wayne Coment, City Attorney Admin. Al (p Elm
��rl� Legal Ir�� 4-oroig
APPROVED FOR Budget /Kv►MIWM
B,C.0 MEETING G\iSEIJT s _ ,BA Dept. L�Vr
gr. 70
C•UNTY_ATTORNEY;
Prepared by and return to:
City Attorney
City of Vero Beach
P.O.Box 1389
Vero Beach,FL 32960-1389
LICENSE AGREEMENT#
FOR USE OF CITY REAL PROPERTY
(BUS SHELTER—MUNICIPAL MARINA)
This License Agreement(hereinafter"Agreement")was made and entered into the date last written
below by and between the City of Vero Beach,Florida, a Florida municipal corporation, whose mailing
address is P.O. Box 1389, Vero Beach, Florida 32961-1389 (hereinafter "City"), and Indian River
County, a political subdivision of the state of Florida, whose mailing address is 1801 27t1i Street, Vero
Beach, Florida 32960 (hereinafter "Licensee"). City and Licensee may also be referred to herein
individually as a "Party"and collectively as the "Parties.
For and in consideration of the mutual promises,covenants,and understandings herein contained,
the Parties agree as follows:
1. Premises. Licensee has requested permission to use certain City real property located at the Vero Beach
Municipal Marina, 3611 Rio Vista Boulevard, Vero Beach, Florida, the location and description of such
City real property being as depicted in Exhibit "A" attached hereto and incorporated herein (hereinafter
"Premises"), for purposes of constructing, maintaining, and operating a bus shelter in conjunction with
Licensee's mass transit bus system known as the"GoLine" Indian River Transit.
2. License. City hereby grants a license to Licensee to occupy, utilize,and maintain the Premises for the
purposes specified in section 1 above and pursuant to the terms and conditions of this Agreement
(hereinafter"License"). City retains a right of entry to the Premises by City's employees,contractors, and
agents in performance of their duties at any time. The City's city manager is authorized to administer the
terms and conditions of this Agreement and License for and on behalf of the City, including, but not
limited to, matters regarding enforcement and termination.
3. Use of Premises. Licensee shall occupy,use,and maintain the Premises only for the purposes specified
in section 1 above and shall not occupy, use,or maintain or permit the occupation, use,or maintenance of
the Premises or any part thereof for any unlawful or illegal purpose, or in such manner as to constitute a
nuisance of any kind, nor for any purpose or in any way in violation of any existing or future code, law,
rule, requirement, order, ordinance, or regulation.
4.No Interest in Premises. The License granted herein provides Licensee with no leasehold or any other
property interest in the Premises and merely provides permission,personal to Licensee,to occupy, use,and
maintain the Premises at Licensee's sole risk and at the City's sufferance and convenience.
5. Improvements. No improvements,installations,or equipment of any kind or nature shall be constructed
or installed on the Premises by or for Licensee without prior review and written approval by and
coordination with the City,as well as compliance with all other reviews,permits,and approvals required by
any applicable code, ordinance, law, rule, or regulation. Licensee's use shall be limited to those
improvements, installations, and equipment specifically approved by the City in writing. Upon written
notice from the City,Licensee shall, at its own cost and expense, immediately remove any improvement,
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installation,or equipment made or installed without first obtaining all required approvals and permits and
repair, clean, and restore the Premises to a reasonably good condition acceptable to the City.
6. Maintenance. Licensee shall be solely responsible, at its own expense, for maintaining the Premises
and all improvements, installations, and equipment in good order and repair, in a safe. clean, secure.
sanitary, and presentable condition, and in compliance with the provisions of all applicable codes.
ordinances, laws, and regulations. The City shall have no responsibility for maintenance of the Premises or
any improvements, installations,or equipment thereon or therein.Notwithstanding the other provisions of
this Agreement, subsequent to completion of Licensee's improvements, installations, and work on the
Premises the City will provide waste removal from the bus shelter trash receptacles and the Premises and
will provide grounds maintenance for the Premises (grass mowing and landscaping trimming only and
excluding repairs or replacements).
7. Insurance. Licensee at its sole expense will place the Premises and the structures, improvements,and
installations on its lists of lands and property covered under Licensee's self-insurance and excess coverage
insurance and furnish to City a certificate of said coverage. Licensee's self-insurance and excess coverage
shall include coverage for damage to the Premises and improvements and all-risks general liability for any
claims or liabilities for bodily injury, death, and property damage arising from operations, premises
liability, fire, and other risks. Licensee's excess coverage shall have a combined single limit of not less
than $1,000,000.00 but shall apply only to claims in excess of Licensee's self-insurance coverage and
approved for payment by an appropriate legislative claims bill. Licensee's self-insurance and excess
coverage shall be primary and any insurance that may be maintained by City shall be in excess of and shall
not contribute with Licensee's self-insurance or excess coverage.
8. Assignment. Licensee shall not directly or indirectly assign, lease, sublease, sublicense, hypothecate.
sell, mortgage, encumber, or transfer this Agreement or License, the Premises, or any interest in this
Agreement or License or use of the Premises without the express written permission of the City.
9.Assumption of Risk; Indemnification. For and in consideration of the sum of one dollar($1.00) and
other good and valuable consideration paid by City to Licensee, the receipt and sufficiency of which is
hereby acknowledged,Licensee agrees as follows:
(a) Premises "As Is." Licensee accepts the condition of the Premises as is and recognizes and
hereby expressly and fully assumes all risks, known and unknown, that arise or might arise
incidental to or in any way connected with the condition or use of or access to the Premises. City
has not made and makes no warranty of any kind whatsoever as to the condition of the Premises or
its fitness for any particular purpose.This express assumption of risk by Licensee is made for and
on behalf of Licensee and Licensee's employees,agents,contractors,subcontractors.and permitted
assigns.
(b) Indemnification. To the extent allowed by law, Licensee agrees to indemnify and hold the
City 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 Licensee's use,occupancy,or maintenance of the Premises,or any act or omission of
Licensee or any employee,agent,contractor,subcontractor,or permitted assignee of Licensee.Such
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indemnification and hold harmless shall be only to the extent allowed by and within the limits of
liability provided by section 768.28,Florida Statutes,and shall not otherwise be deemed a waiver of
Licensee's sovereign immunity.
Licensee acknowledges that the provisions of this section 9 are provided as consideration and inducement
for grant of the License hereunder and such License would not have been granted by the City absent the
giving of such consideration by Licensee. Licensee's indemnification obligations shall survive the
termination of this Agreement and License for any matter arising prior to the effective date of the
termination or the date Licensee no longer occupies, uses, or maintains the Premises, whichever is later.
10. Notices. Any notice or request required or permitted pursuant to this Agreement shall be in writing
and may be delivered personally,by courier such as FedEx,UPS,or Priority Mail,or by United States First
Class registered or certified mail,return receipt requested. Such notices and requests may be provided to
the respective Party at their address set forth above. Any notice or request the delivery of which is refused
by the recipient shall be deemed given as of the date it is mailed or sent.
11. Termination. Each Party shall have the right and discretion to terminate this Agreement and License
with or without cause pursuant to the following:
(a) Except as provided otherwise in this Agreement, the terminating Party shall provide the other
Party written notice of termination at least Ninety (90) days prior to the effective date of the
termination.
(b) Should the City determine that the public interest requires expedited termination of this
Agreement and License,which determination shall be solely in the City's discretion,the City shall
endeavor to provide Licensee written notice of termination at least Fourteen (14)days prior to the
effective date of such expedited termination. However, the City may dispense with or reduce the
aforesaid notice period should the City determine that the public interest requires more immediate
termination.
(c) Except as otherwise agreed by the Parties in writing,whenever termination of this Agreement
and License is noticed by either Party,Licensee shall,at its own cost and expense, remove or cause
to be removed from the Premises all improvements,installations,and equipment and repair,clean,
and restore the Premises to a reasonably good condition acceptable to the City on or before the
termination effective date.
(d) If Licensee fails or refuses to remove or cause the removal of any improvement,
installation,or equipment,and/or fails to repair,clean,and restore the Premises by the specified or
agreed termination effective date,or fails or refuses to do so when such improvement, installation,
or equipment was made or installed without all required written approvals or permits,or if the City
has determined that the public interest requires expedited or immediate removal the City may. at
Licensee's expense,complete the removal and repair,cleaning,and restoration of the Premises or
contract for completion of all or part of such work. Licensee waives any and all right to contest the
City's right to recover all such removal,repair, cleaning, and restoration costs and expenses from
Licensee. The provisions of this subsection (d) shall survive termination of this Agreement and
the License.
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12. Entire Agreement;Amendment. This Agreement and all related attachments set forth all the promises.
agreements, conditions, and understandings between the Parties relative to the Premises and the License
granted hereunder and shall be binding on the respective successors, agents, contractors, subcontractors.
and permitted assigns of the Parties. No subsequent alteration,amendment,change,addition,or deletion to
this Agreement shall be effective or binding on the Parties unless in writing and authorized and executed
by them and made a part of this Agreement by direct reference.
13. Recording. This Agreement may be recorded in the public records of Indian River County at
Licensee's expense.Licensee agrees to promptly reimburse the City for the costs of such recording plus any
applicable administrative fee.
14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original and all which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date last entered
below and the Parties hereby warrant and represent that their respective signatory whose signature appears
below has been and is on the date of execution of this Agreement duly authorized to execute this
Agreement on such Party's behalf.
ATTEST: INDIAN RIVER COUNTY, FLORIDA
JEFFREY R. SMITH, CLERK BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Wesley S. Davis
Chairman
[Seal] BCC approval date:
Approved as to form and leg. fficiency:
„girl'Dylan Reingo d
County Attorney
ATTEST: CITY OF VERO BEACH:
Tammy K. Vock Richard G. Winger
City Clerk Mayor
Date:
[Seal]
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74
Approved as to form and Approved as conforming to municipal
legal sufficiency: policy:
Wayne R. Convent James R. O'Connor
City Attorney City Manager
Approved as to technical requirements: Approved as to technical requirements:
Monte K. Falls Timothy E. Grabenbauer
Public Works Director Marina Director
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75
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DEPARTMENT OF PUBLIC WORKS LICENSE TO USE CITY PROPERTY cttY PROJE
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NO. Dn1NIPT DATE
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VERO BEACH CITY MARINA DATE DRV/1+BY CW0 BY rsaar00:4
SURVEY & ENGINEERING DIVISION 03/2015 DG MIKE
76
Public Hearing-6.9.15
` VE* Office of kJ h l
+ =� z INDIAN RIVER COUNTY
4 1'. -'-, '..1'
*�, • ,loA 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 C
DATE: May 26, 2015
SUBJECT: Ordinance Eliminating Sunset of Ordinance Amending Section 300.02 (Prohibited hours of
sale, service and consumption)
BACKGROUND.
On May 20, 2014, the City Council of the City of Vero Beach voted to extend the hours that alcohol could
be served within the City of Vero Beach from 1:00 a.m. to 2:00 a.m. Additionally, the City Council voted
to include a sunset provision, with a date of June 15, 2015. On July 1, 2014, the Indian River County
Board of County Commissioners ("Board") enacted Ordinance 2014-13, which brought the hours of
operation in the unincorporated portions of Indian River County ("County') in line with the City of Vero
Beach regulations. The ordinance also contained a similar sunset provision.
On May 12, 2015, the Board voted to direct the County Attorney's Office to draft an ordinance to
maintain the extended hours that alcohol can be served in the unincorporated portions of the County. The
County Attorney's Office has drafted the attached ordinance eliminating the sunset provision.
Indian River Co. Approved Date
Approved for Public Hearing Admin. i/:. 4p 3 a
June 9,2015 Co.Atty. ti
WO
Budget 10 �'Ih
- Department
LINTY ATTORNEY, Risk Management
F:.Ariorneylinda,GENERALB C CIAgendo McMOlStak of Beverages Ordinance(3).doc
77
Board of County Commissioners
May 26, 2015
Page Two
FUNDING.
There is no funding associated with this item.
RECOMMENDATION.
The County Attorney's Office respectfully requests that the Board open the public hearing and then vote
whether to adopt this ordinance eliminating the sunset provision of the extension of the hour of the hours
that alcohol could be served within the unincorporated portions of the County from 1:00 a.m. to 2:00 a.m.
ATTACHMENT(S).
Proposed ordinance.
F:'.Anorneylird.G£N£R9LIB C CL4genda Memo,Snle oJBeveroge,Ordimnce(3).d.
78
ORDINANCE NO. 2015-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 300.02
(PROHIBITED HOURS OF SALE, SERVICE AND CONSUMPTION) OF
CHAPTER 300 (ALCOHOLIC BEVERAGES) OF THE CODE OF INDIAN
RIVER COUNTY TO REMOVE THE SUNSET PROVISION AND
THEREBY ALLOW THE SALE, SERVICE, AND CONSUMPTION OF
ALCOHOLIC BEVERAGES UNTIL 2:00 A.M.; AND PROVIDING FOR
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, in July 2014,the Indian River County Board of County Commissioners(the
"Board") voted to extend the permitted hours for the sale, service, and consumption of alcoholic
beverages from 1:00 a.m. to 2:00 a.m.; and
WHEREAS, at the time the Board established a sunset provision limiting the extension
through June 15, 2015; and
WHEREAS, the Board desires to make the extension permanent,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. Enactment Authority.
Article VIII, §1 of the Florida Constitution and Chapter 125,Florida Statutes vest broad home rule
powers in counties to enact ordinances,not inconsistent with general or special law,for the purpose
of promoting the public health, safety and welfare of the residents of the county. The Board
specifically determines that the enactment of this ordinance is consistent with general or special
law, and is necessary and appropriate to promote the health, safety and welfare of the residents of
Indian River County.
Section 2. Findings.
The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates
such clauses as findings of the Board.
Section 3. Amendment of Section 300.02 (Prohibited hours of sale,service and consumption)
of Chapter 300 (Alcoholic Beverages) of the Code of Indian River County (the "Code").
CODING: Words in strile4hfeugh format are deletions to existing text.
l
79
ORDINANCE NO. 2015-
Section 300.02 (Prohibited hours of sale, service and consumption) of Chapter 300 (Alcoholic
Beverages) of the Code of Indian River County is hereby amended to read as follows:
Section 300.02. Prohibited hours of sale, service and consumption.
(1) Prohibited hours. No alcoholic beverages shall be sold, served, or consumed in
any licensed premises between 2:00 a.m. and 7:00 a.m. except as hereinafter
provided.
(2) New Years. The time 2:00 a.m. specified in paragraph (1) of this section is
extended to 3:00 a.m. on January 1 of each year.
- . - , -- .. . - ... .. . e . •.. - . , .. . . .
of the commencement time of the prohibited hours of sale, service, and
- - - - - • . . . • -- . . • • • • .. . :..
to 2:00 a.m. shall sunset and automatically revert to 1:00 a.m. on June 15, 2015,
Section 4. Severability.
If any part of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction,the remainder of this ordinance shall not be affected by such holding and shall remain
in full force and effect.
Section 5. Codification.
It is the intention of the Board of County Commissioners that the provisions of this ordinance shall
become and be made part of the Indian River County Code, and that the sections of this ordinance
may be renumbered or re-lettered and the word ordinance may be changed to section, article or
such other appropriate word or phrase in order to accomplish such intention.
Section 6. Effective Date.
This ordinance shall become effective upon filing with the Florida Department of State.
This ordinance was advertised in the Indian River Press Journal, on the 29th day of May,2015, for
a public hearing to be held on the 9th day of June,2015, at which time it was moved for adoption
by Commissioner , seconded by Commissioner , and adopted by the
following vote:
CODING: Words in stri�seugh format are deletions to existing text.
2
80
ORDINANCE NO. 2015-
Chairman Wesley S. Davis
Vice Chairman Bob Solari
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
The Chairman thereupon declared the ordinance duly passed and adopted this 9th day of June,
2015.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Wesley S. Davis, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legal sufficiency:
and Comptroller
By:
Deputy Clerk an Reingold, County Attorney
EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the
day of , 2015.
CODING: Words in strike tough format are deletions to existing text.
3
81
•
TREASURENEWSPAPERS COAST 6—9
Indian River Press Journal E�
1801 U.S. 1, Vero Beach, FL 32960 E/VF
Treasure Coast Newspapers AFFIDAVIT OF PUBLICATION JUN
01 20/5
vNrr,
OFr FORNEYrS
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.
Ad Pub
Customer Number Date Copyline PO #
INDIAN RIVER CO ATTORNEY 2694180 5/29/2015 PUBLIC HEARING CHAP 300/ALCOHOLIC B
•
NEWSPAPER E-Sheet®
LEGAL NOTICE
•
ATTACHED
*********************
DO NOT
SEPARATE PAGES
Swo to -nd subscribe before me this day of, May 29, 2015, by
11
, who is
Sherri Ipriani
[X] personally known to me or
[ ] who has produced as identification.
(&itis
Sandra Coldren Notary Public
:�^`.."v''. SANDRA COLDREN
• . MY COMMISSION#FF 004035
ur
11,, EXPIRES:April 1,2017
"F 6°,`‘ Bonded Thru Notary Public Underwriters
IAd Number: 2694180 Advertiser: Indian River County Attorney's Of...
Insertion Number: NIA Agency: N/A
Size: 1 Col x 128 ag Section-Page-Zone(s): E-7-All
Color Type: NIA Description: NOTICE OF INTENTPUBL
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DEPARTMENTAL MATTERS
INDIAN RIVER COUNTY J p� E 1
INTER-OFFICE MEMORANDUM
OFFICE OF MANAGEMENT & BUDGET
TO: Members of the Board of County Commissioners
DATE: May 28, 2015
SUBJECT: TOURIST DEVELOPMENT COUNCIL
2015/2016 BUDGETi►MMENDATIONS
FROM: Jason E. Brown
Director, Management :4 Bud.et
DESCRIPTION AND CONDITIONS
On May 27, 2015, the Tourist Development Council (TDC) reviewed budget requests for fiscal
year 2015/2016 to be paid from the Tourist Tax revenue. The rankings listed below are based on
the rating system originally approved by the Board of County Commissioners on March 4, 2003
with a minor modification by the Tourist Development Council on May 16, 2007.
Table 1
TOURIST DEVELOPMENT COUNCIL AGENCY REQUESTS
Fiscal Year 2015/2016 Funding Applications
2011/2012 2015/2016 Increase % Increase
Organization Funding Request (Decrease) (Decrease)
Indian River County Chamber
of Commerce& Sebastian $428,578 $467,483 $38,905 9.08%
Chamber of Commerce
Treasure Coast Sports $150,400 $168,000 $17,600 11.17%
Commission
Cultural Council $60,000 $60,000 $0 0.0%
Vero Heritage $12,000 $12,000 $0 0.0%
IRC Historical Society $20,000 $20,000 $0 0.0%
Sebastian COC Pelican Porch $0 $25,000 $25,000 100%
Visitor's Center
Total $670,978 $752,483 $81,505 12.15%
82
Board of Commissioners
Page 2 of 3
June 2, 2015
File copies of the applications for each agency are available in the Board of Commissioners
office for review.
Funding and Analysis
Staff estimates total funding of $731,400 available for distribution to tourism development
agencies next fiscal year. As shown in Table 1 above, requests totaled $752,483, leaving a
shortfall of$21,083. The shortfall is about 2.8% of the total amount requested.
Jim Hill, Councilmember, City of Sebastian, made a motion to recommend a 2.8% reduction in
agency requests across the board to address the shortfall. The motion also contained a provision
to hold harmless the three (3) agencies that did not request an increase in funding (Cultural
Council, Indian River Historical Society, and Vero Heritage). Steve Hayes seconded the motion,
and the motion passed unanimously(7 - 0).
The motion resulted in a decrease of $18,493 in requests, leaving a shortfall of $2,590. Staff
agreed to fund this differential from reserves based upon the nominal amount of the shortfall.
Table 2
TOURIST DEVELOPMENT COUNCIL
Fiscal Year 2015/2016 Funding Recommendation
2015/2016
2014/2015 TDC Increase % Increase
Organization Funding Recommend. (Decrease) (Decrease)
Indian River County Chamber
of Commerce & Sebastian $428,578 $454,394 $25,816 6.0%
Chamber of Commerce
Treasure Coast Sports $150,400 $163,296 $12,896 8.6%
Commission
Cultural Council $60,000 $60,000 $0 0.0%
Vero Heritage $12,000 $12,000 $0 0.0%
Historical Society $20,000 $20,000 $0 0.0%
Sebastian COC Pelican Porch $0 $24,300 $24,300 n/a
Visitor's Center
Total $670,978 $733,990 $63,012 9.4%
83
Board of Commissioners
Page 3 of 3
June 2, 2015
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the funding amounts
recommended by the Tourist Development Council as shown in Table 2 above for a total
allocation of$733,990.
APPROVED AGENDA ITEM:
Indian River County Ap� , d v
/ Administrator `�b7 sBY:I La , _ A �,•(#�_ if Legal %iJoseph': . BairdBudget0 6
County Administrator
Department
FOR: June 9, 2015 Risk Management
84
DEPARTMENTAL
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM )a Fj-
TO: Joseph A. Baird, County Administrator
THROUGH: Christopher R. Mora, P.E., Public Works Director Cvvs-
Christopher
J. Kafer,Jr., P.E., County Engineer
FROM: Michael D. Nixon, P.E., Roadway Production Manager /1)///
SUBJECT: Resolutions for Asphalt Millings Improvements and to set a Public Hearing for 9th Lane
Petition Millings Project in Glendale Lakes Subdivision and Glendale Lakes Subdivision
Unit Two, IRC Project No. 1436
DATE: May 28, 2015
DESCRIPTION AND CONDITIONS
Representatives in Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two presented County
staff with a petition to install asphalt millings on 9th Lane located west of 43'd Avenue and north of 8th
Street. 9th Lane is a dirt road that terminates at Lot 3 of Glendale Lakes Subdivision Unit Two. The
roadway is approximately 350 feet in length. The development has 6 parcels,with all owners in favor of
the project, the project meets the 66.7% approval requirement per the Indian River County Code for
petition paving (millings).
The proposed improvements to 9th Lane will consist of the installation of 8-inch thick compacted asphalt
millings over 9-inches of stabilized sub-grade. The roadway limits will be from 43'd Avenue to the end of
9th Lane, approximately 350 feet.
Staff conducted two public informational meetings with the petitioners on December 2,2014 and March
25, 2015,to discuss the project scope and assessment process. In an effort to reduce costs as much as
possible, it was decided that the Indian River County Road and Bridge Division would perform the
construction. At the residents' request, the millings will be placed in the same general area as the
existing dirt roadway and no roadway widening, shoulder work or drainage improvements will be
included as part of the project. Because the lot configurations and property front footages are irregular,
the assessment cost based on front footage would be disproportionate for the same benefit. Therefore,
staff determined that the assessment cost based on parcel area (square footage) rather than front
footage is more fair and equitable. The property owners consented to moving the project forward with
this construction approach,the assessment cost based on square footage,and the method of payment.
A Providing Resolution is presented for adoption by the Board. The petition is valid based on receiving
100%of the signatures of the property owners of the proposed benefited area.
A separate resolution is presented for adoption by the Board to hold a Public Hearing to discuss the
advisability, project cost,and amount of the assessment for each property owner in the benefited area.
This Public Hearing has been scheduled for Tuesday, August 18, 2015 at 9:05 A.M. in the Indian River
County Commission Chambers. An assessment roll and assessment plat have been prepared and will be
filed with the Clerk to the Board of County Commissioners.
85
F\Public Works\ENGINEERING DIVISION PROJECTS\I436-9th Lane W of 43rd Ave-Petition Paving\Admin\agenda items millings project memo to bcc.doc
Page 2
9th Lane Petition Millings Project
Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two
For June 9, 2015 BCC Meeting
FUNDING
The total estimated project cost= $11,217.12
75%to be paid by property owners= $8,412.84
2%Collection fee (75%figure) = $168.26
Total assessment=$8,581.10
25%to be paid by the County=$2,804.28 to be allocated from the Secondary Roads Gas Tax Account No.
10921441-035510-15026, 9th Lane/Glendale Lakes Petition Paving.
RECOMMENDATION
1) Adopt the resolution providing for the millings installation for 9th Lane Petition Milling Project
In Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two subject to the terms
outlined in the resolution. The Board of County Commissioners shall establish the applicable
interest rate at the time the final assessment roll is approved.
2) Allocate$2,804.28 from the Secondary Roads Gas Tax Account No. 10921441-035510-15026,9th
Lane/Glendale Lakes Petition Paving.
3) Adopt a resolution setting the time and place of the Public Hearing—August 18, 2015 at 9:05
A.M.
ATTACHMENTS
1. Providing Resolution
2. Setting Resolution for Public Hearing
3. Cost Estimate
4. Assessment Roll and Assessment Plat
DISTRIBUTION
1. Terry Cook, Road & Bridge Superintendent
2. Vincent M. Burke, P.E., Director of Utilities Services
APPROVED AGENDA ITEM
Indian River County Appr. -• Date
FOR June 9. 2015Ar 0?)
Administration
•
BY •_ I
4 '/� �' / Budget / 5
Legal •O 6'?- IS'
Utilities ��� 6131,7
Public Works C--2 iS
Engineering
P:\Public Works\ENGINEERING DIVISION PROJECTS\1436-9th Lane W of 43rd Ave-Petition Paving\Admin\agenda items\millings project 86
memo to bcc.doc
Providing (First Reso.)
RESOLUTION NO. 2015-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN ASPHALT
MILLING IMPROVEMENTS TO 9th LANE, IN GLENDALE LAKES
SUBDIVISION AND GLENDALE LAKES SUBDIVISION UNIT TWO,
PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF
ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL
DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED.
WHEREAS, the County Public Works Department has been petitioned for Road Asphalt
Milling Improvements for 9th Lane in Glendale Lakes Subdivision and Glendale Lakes Subdivision
Unit Two.
WHEREAS, the construction of milling improvements by special assessment funding is
authorized by Chapter 206,Section 206.01 through Section 206.09, Indian River County Code; and
cost estimates and preliminary assessment rolls have been completed by the Public Works
Department; and the total estimated cost of the proposed asphalt millings improvements is
ELEVEN THOUSAND TWO HUNDRED SEVENTEEN DOLLARS AND TWELVE CENTS($11,217.12);and
WHEREAS, due to the parcel configurations being irregularly shaped, some parcel front
footages are disproportionate to others despite each property having the equal benefit,therefore
the assessment cost based on parcel area (square footage) is the most fair and equitable method
for determining the assessment cost; and this method of assessment is agreeable to the property
owners in the benefited area; and
WHEREAS,the benefiting properties will be assessed for seventy-five percent(75%)of the
project's total cost, plus two percent (2%) collection fee. The project's cost is based on the total
square footage of the benefiting properties (or assessed properties) and each assessment
87
Providing (first Reso.) Resolution No. 2015-
calculation is based on each property's square footage as it bears to the project's total square
footage times seventy-five percent (75%), with the remaining twenty-five percent (25%) of the
total cost of the project ($2,804.28) being paid by the County from its Petition Paving Account;and
WHEREAS,assessments are to be levied against all lots and lands adjoining and contiguous
or bounding and abutting upon the improvements or specially benefited thereby and further
designated by the assessment plat with respect to the special assessments; and
WHEREAS, any special assessment not paid within a ninety (90) day period from the
passage of the as-built or final resolution shall bear interest beyond the due date at a rate
established by the Board of County Commissioners when the improvements are completed, and
shall be payable in two (2) equal yearly installments,the first to be made twelve(12)months from
the due date and subsequent payment to be due by the next year; and
WHEREAS, the special assessment shall become due and payable at the office of the
Department of Utility Services of Indian River County ninety(90) days after the final determination
of the special assessment pursuant to Section 206.08, Indian River County Code; and
WHEREAS, after examination of the nature and anticipated usage of the proposed
improvements,the Board of County Commissioners has determined that the following described
properties shall receive a direct and special benefit from this improvement, to wit:
Lots 10 through 13, Block 7; Glendale Lakes, Plat Book 6, Page 26 and Lots 1
through 3,together with those lands as described in ORB 686, Page 2318;Glendale
Lakes Subdivision Unit Two, Plat Book 9, Page 90, all of the public records of Indian
River County, Florida.
Said lands lying in Indian River County, Florida.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, as follows:
2
88
Providing (first Reso.) Resolution No. 2015-
1. The foregoing recitals are affirmed and ratified in their entirety.
2. A project providing for milling improvements to 9th Lane,Glendale Lakes Subdivision and
Glendale Lakes Subdivision Unit Two; heretofore designated as Indian River County Project No.
1436 is hereby approved subject to the terms outlined above and all applicable requirements of
Chapter 206, et seq. Indian River County Code.
3. This Resolution along with a map showing the areas to be assessed shall be published
one time in a newspaper of general circulation in the County (Indian River Press Journal) before
the public hearing as required by County Code Section 206.04.
The foregoing resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner
and, upon being put to a vote, the vote was as follows:
Chairman Wesley S. Davis
Vice-Chairman Bob Solari
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
The Chairman thereupon declared the resolution passed and adopted this day
of , 2015.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
Wesley S. Davis, Chairman
Attest:
Jeffrey R. Smith, Clerk of Court and Comptroller
Approved as to form and legal sufficiency:
Ntifiia K. DeBraal, Deputy County Attorney
3
89
Time and Place (Second Reso.)
RESOLUTION NO. 2015-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME
AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 9th LANE, IN THE
GLENDALE LAKES SUBDIVISION AND GLENDALE LAKES SUBDIVISION UNIT
TWO, COUNTY PROJECT NO. 1436 AND OTHER INTERESTED PERSONS
MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE
HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING ASPHALT
MILLING IMPROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF,
AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT
THEREOF TO BE SPECIFICALLY ASSESSED AGAINST EACH PROPERTY
BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners of Indian River County has, by
Resolution No. 2015- , determined that it is necessary for the public welfare of
the citizens of the County, and particularly as to those living, working, and owning
property within the area described herein, that asphalt milling improvements be made
to said property; and
WHEREAS, the Board of County Commissioners has caused an assessment roll to
be completed and filed with the Clerk to the Board; and
WHEREAS, Section 206.06, Indian River County Code, requires that the Board of
County Commissioners shall fix a time and place at which the owners of the properties
to be assessed or any other persons interested therein may appear before the Board of
County Commissioners and be heard as to the propriety and advisability of making
asphalt milling improvements on 9th Lane in the Glendale Lakes Subdivision and
Glendale Lakes Subdivision Unit Two, as to the cost thereof, as to the manner of
payment therefor, and as to the amount thereof to be assessed against each property
benefited thereby.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The Board of County Commissioners shall meet at the County Commission
Chambers in the County Administration Building at the hour of 9:05 A.M. or as
soon thereafter as the matter may be heard on Tuesday, August 18, 2015, at
which time the owners of the properties to be assessed and any other interested
90
Time and Place (Second Reso.)
Resolution No. 2015-
persons may appear before said Board and be heard in regard to said asphalt
millings improvements. The area to be improved and the properties to be
specifically benefited are more particularly described upon the assessment plat
and the assessment roll with regard to the special assessment.
2. All persons interested in the construction of said improvements and the special
assessments against the properties to be specifically benefited may review the
assessment plat showing the area to be assessed, the assessment roll, the plans
and specifications for said improvements, and an estimate of the cost thereof at
the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M.
3. Notice of the time and place of this public hearing shall be given by two
publications in a newspaper of general circulation in the County (Indian River
Press Journal) a week apart. The last publication shall be at least one week prior
to the date of the hearing. The Indian River County Department of Public Works
shall give the owner of each property to be specially assessed at least ten days'
notice in writing of such time and place, which shall be served by mailing a copy
of such notice to each of such property owners at his last known address to be
obtained from the records of the property appraiser.
The resolution was moved for adoption by Commissioner
and the motion was seconded by Commissioner , and, upon
being put to a vote,the vote was as follows:
Chairman Wesley S. Davis
Vice-Chairman Bob Solari
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
F:\Public Works\ENGINEERING DIVISION PROJECTS\1436-9th Lane W of 43rd Ave-Petition Paving\Admin\agenda items\1436 Resolution-Time
and Place(SECOND)doc
-2- 91
Time and Place (Second Reso.)
Resolution No. 2015-
The Chairman thereupon declared the resolution duly passed and adopted this
day of , 2015.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Wesley S. Davis, Chairman
Attest:
Jeffrey R. Smith, Clerk of Court and Comptroller
Appr ved as to orm d legs ufficiency:
'ii______ -
William K. DeBraal, Deputy County Attorney
Attachment: ASSESSMENT ROLL
F:\Public Works\ENGINEERING DIVISION PROJECTS\1436-9th Lane W of 43rd Ave-Petition Paving\Admin\agenda items\1436 Resolution-Time
and Place(SECOND).doc
-3- 92
/ tu�FR�° INDIAN RIVER COUNTYwFi�r,
( SOLID WASTE DISPOSAL DISTRICT
\�LoRtoAi� BOARD MEMORANDUM `Via.,"
Date: June 1, 2015
To: Joseph A. Baird, County Administrator
From: Vincent Burke, P.E., Director of Utility Services OP
Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District
Subject: Amendment No. 2 to Work Order No. 1 to Kessler Consulting, Inc., for Service
Transition Assistance
DESCRIPTIONS AND CONDITIONS:
On April 8, 2014, the Solid Waste Disposal District (SWDD) authorized Work Order No. 1 to Kessler
Consulting, Inc. (KCI) for solid waste procurement services in the amount of$76,090. The scope of
work included a Request for Proposal (RFP) process for solid waste and recyclables collection
services, coordination with municipalities and other technical services.
On February 17, 2015, the SWDD Board approved Amendment No. 1 to Work Order No. 1 with KCI
in the amount of$40,790 to provide additional technical services, such as the conversion to single
stream recycling, negotiating Interlocal Agreements (ILA's) with the municipalities, developing
ordinance revisions and assisting with the Florida Department of Environmental Protection (FDEP)
recycling reporting. The 2014 FDEP report has been submitted and staff is reviewing draft ILA's
and ordinance revisions prepared by KCI.
The procurement process was successfully completed and a new collection franchise agreement
was executed with Waste Management on April 21, 2015. The new agreement includes several
changes from the existing agreement, including the following:
➢ Collecting recyclable materials in a single stream using 64-gallon carts instead of dual
stream recycling bins.
➢ Collecting residential solid waste once per week in 96-gallon carts rather than twice weekly
in resident-provided containers.
➢ Waste Management will service both the north and south service areas instead of solely
the north.
A smooth transition in services is very important, therefore, staff requested and received the
attached Amendment No. 2 to Work Order No. 1 from KCI to provide additional transition
assistance services.
SWDD Agenda-Amendment No 2 to WO No 1 Kessler Consulting for Solid Waste Procurement Services Page 1 of 2 93
ANALYSIS:
KCI has prepared Amendment No. 2 to Work Order No. 1, provided in Attachment 1, detailing the
scope of work, budget, and schedule related to additional services in Task 1.6. Similar to the
original work order, the fees to be paid by SWDD for the execution of this work authorization are
to be executed with a piggyback contract for similar consulting services by KCI to Okaloosa County.
The tasks are listed below showing the estimated fees based on a time and materials (t&m) basis.
TASK DESCRIPTION AMOUNT
Task 1.6 Service Transition Assistance $18,520—t&m
TOTAL= $18,520
FUNDING:
Funding for the Solid Waste Procurement Services is available in the Engineering Services account
in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account
has a total budget of$375,000 for the 2014/2015 fiscal year.
ACCOUNT NO.:
Description Account Number Amount
Engineering Services 41121734-033130 $18,520
RECOMMENDATION:
SWDD staff recommends that its Board approve the following:
a) Authorize to piggy-back Okaloosa County Contract No. C10-1781-PW and approve
Amendment No. 2 to Work Order No. 1 with Kessler Consulting, Inc. in the amount of$18,520
to provide service transition services;
b) Authorize the Chairman to execute the same, as presented.
ATTACHMENT(s):
1) Amendment No. 2 to Work Order No. 1 — Kessler Consulting, Inc.
APPROVED FOR AGENDA:
Indian River Co. Approved 67/
Date
By: /1 Zi � C-�'t_� Administration ��� (t1,3
Joseph . Baird, County Administrator Legal t � ►, \s
Fo Budget % j +I6
Date SWDD ( (0 �(
SWDD-Finance ( � ..,DA
VV-Purchasing V_1)-1‹
SWDD Agenda-Amendment No 2 to WO No 1 Kessler Consulting for Solid Waste Procurement Services Page 2 of 2 94
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
CONTRACT FOR SOLID WASTE SERVICES
WORK ORDER NUMBER 1, AMENDMENT 2
AUTHORIZATION FORM
Date: , 2015
Subject: Solid Waste Procurement Services
Scope: The amended Scope of Work is provided in Exhibit A.
Schedule: To be completed as detailed in the attached amended Scope of Work.
Fee: Time-and-materials budget adjustment not to exceed $18,520 as provided in Exhibit B.
IN WITNESS WHEREOF,the parties hereto have executed this Work Order amendment as of the date
first written above.
AUTHORIZATION:
CONSULTANT BOARD OF COUNTY COMMISSIONERS
Kessler Consulting,Inc. OF INDIAN RIVER COUNTY
By: ,- : , _ ,,.._. By:
Wesley S. Davis,Chairman
Title: President
BCC Approved Date:
Attest:Jeffrey R.Smith,Clerk of Court and Comptroller
By:
Deputy Clerk
Approved: X) * C2501,
pp tQ.
Joseph A. Baird,County Administrator
(/ ,..,,
Approved as to form and legal sufficiency:
Dylan T. Reingold,County Attorney
95
kessler consulting inc.
innovative waste solutions
EXHIBIT A—WORK ORDER NO. 1, AMENDMENT 2
AMENDED SCOPE OF WORK
FOR
SOLID WASTE PROCUREMENT SERVICES
BACKGROUND
Through Task 1 of Work Order No. 1, Kessler Consulting, Inc. (KCI) assisted Indian River County(County)
with procuring solid waste and recycling collection services. The procurement process was successfully
completed and a new collection franchise agreement was executed on April 21, 2015. The new
agreement includes several changes from the existing agreement, including the following:
• Collecting recyclable materials in a single stream using 64-gallon carts instead of dual stream
recycling bins.
• Collecting residential solid waste once per week in 96-gallon carts rather than twice weekly in
resident-provided containers.
• Waste Management will service both the north and south service areas instead of solely the
north.
A smooth transition in services is extremely important to the County. While KCI's original Scope of Work
included transition assistance(Subtask 1.6), accurately defining the level of effort and specific activities
needed during this transition was difficult to predict prior to completion of the procurement process. In
addition, a greater level of assistance was requested of KCI during completion of Subtasks 1.1-1.5 than
anticipated;therefore, sufficient funds do not remain in Task 1 to provide the requested assistance
during the upcoming service transition.
Therefore,the purpose of this amendment is to redefine the Subtask 1.6 activities and to increase the
Task 1 budget by$18,520 to accommodate these activities.
AMENDED SCOPE OF SERVICES
Subtask 1.6—Service Transition Assistance
To help ensure a smooth transition, KCI will conduct the following activities:
• Participate in transition meetings and calls with County staff and the franchisee. KCI anticipates
participating, in person, in one transition meeting per month leading up to the service start date
(total of 4 meetings). In addition,we will participate via conference call in other meetings as
requested.
• Develop and monitor a punchlist of actions and meetings/calls leading up to and following the
service start date.
• Review and provide comments on the franchisee's transition/mobilization plan, and monitor the
company's compliance with the plan and the franchise agreement.
14620 N.NebrasLa Ave.,Bldg.D,Tamp;,FL 33613 I Tel:813.971.8333 I Fax:813.971.8582 I www.kesconsult.com
96
Work Order No. t,Amendment 2-Amended Scope of Work for Solid Waste Procurement Services' S/21/2.x;1 ! Page 2 o,3
• Review and provide comments on other items provided by the franchisee, such as reporting
forms, non-collection notice, and customer outreach materials.
• Review and provide comments on the County's public outreach and education plan and
materials relating to the transition.
• Provide technical assistance to the County during the cart assembly and distribution (A&D)
process. Such assistance might include reviewing the A&D plan, identifying potential problem
issues,and providing best-management practices guidance, but does not include field work.
COMPENSATION
Because of the unknown nature of issues that might arise during the transition period and the variability
in the level of involvement the County might request, KCI proposes to conduct this amended list of
Subtask 1.6 activities on a time-and-materials basis for an amount not to exceed $18,520. Because of
the importance of making the service transition as smooth as possible, KCI has selected Senior
Consultants who have worked on other major cart roll-outs to assist with this subtask. Services will be
invoiced monthly at the rates provided in our original Scope of Work,which include all overhead and
direct and indirect costs. Expenses (e.g.,travel)will be billed at cost without markup. A detailed budget
breakdown is provided in Exhibit B.
KCI appreciates the opportunity to submit this amendment and looks forward to continue working with
the County on this important service transition.
kessler consulting inc.
onovatfve wa5ta solutions
97
PM\2014 Collection\Budget
EXHIBIT B - FEE SCHEDULE
CLIENT
Indian River County, FL
PROJECT NAME
Solid Waste Procurement Services, Amend. 2
PROJECT NUMBER
73-04.00
DATE OF ESTIMATE
5/20/2015
LABOR
CATEGORY (NAME)
KCI
HOURLY
RATE
Task 1.6
Service
Transition
TOTAL
HOURS
TOTAL
DOLLARS
Project Director/Principal
$185.00
4.0
4.0
$740
Project Manager
$140.00
20.0
20.0
$2,800
Senior Consultant
$135.00
48.0
48.0
$6,480
Senior Consultant
$105.00
60.0
60.0
$6,300
Consultant
$85.00
0.0
0.0
$0
Research Analyst
$75.00
20.0
20.0
$1,500
Technical Support
$50.00
2.0
2.0
$100
SUBTOTAL LABOR HOURS
154.01
154701
$17,920
SUBTOTAL LABOR DOLLARS
$17,920
$17,920
DIRECT COSTS
TRAVEL
$600
$600
SUBTOTAL DIRECT COST
$600
$600
TOTAL PROJECT BUDGET
LABOR + DIRECT COST
$18,520
$18,520
kessler consulting, inc.