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HomeMy WebLinkAbout06/23/2015 (4) BOARD OF COUNTY COMMISSIONERS �EiR INDIAN RIVER COUNTY, FLORIDA 1�' 06 COMMISSION AGENDA 441 410._• TUESDAY,JUNE 23,2015 - 9:00 A.M. ' * Commission Chambers Indian River County Administration Complex IIKOR 1801 27th Street,Building A Vero Beach,Florida,32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S.Davis,Chairman District 1 Joseph A.Baird,County Administrator Bob Solari,Vice Chairman District 5 Dylan Reingold,County Attorney Joseph E.Flescher District 2 Jeffrey R. Smith,Clerk of the Circuit Peter D.O'Bryan District 4 Court and Comptroller Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Pastor Michael Ashburn, Global Fire Vero Beach Church—Freedom Center of Vero 3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation and Retirement Award Honoring Michael L. Alexander on His Retirement from Indian River County Board of County Commissioners Department of General Services/Parks Division With Thirty Years of Service 1-2 B. Presentation of Proclamation and Retirement Award Honoring Timothy Persky on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Thirty- Three Years of Service 3-4 June 23,2015 Page 1 of 6 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation of Live Saving Awards—Department of Emergency Services (memorandum dated June 15, 2015) 5-22 D. Presentation of Proclamation Designating the Week of June 22, 2015, as Steve Fugate—Love Life Walk Appreciation Week 23 E. Presentation by Curtis Paulisin, First Vice President, and Marty Zickert, Past President, on Behalf of the Veteran's Council of Indian River County on the Veteran's Outreach Program Golf Tournament Saturday, July 11, 2015 24-26 F. Presentation of Florida Blue Foundation Sapphire Award to the Florida Department of Health in Indian River County by Jason Altmire, Chairman, Florida Blue Foundation Board of Directors 6. APPROVAL OF MINUTES A. Regular Meeting of June 2, 2015 B. Regular Meeting of June 9, 2015 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Town of Indian River Shores, City of Vero Beach, and Indian River County Mediation—May 1, 2015 Meeting Minutes 27-33 8. CONSENT AGENDA A. Approval of Warrants—June 4, 2015 to June 11, 2015 (memorandum dated June 11, 2015) 34-43 B. Approval of Auditing Contract (memorandum dated June 8, 2015) 44-75 C. Mediated Settlement: James Pasqualone (memorandum dated June 12, 2015) 76 D. Termination of Award—Custodial Services for County Buildings Group 3 (memorandum dated June 16,2015) 77-97 E. Work Order No. 2 Release of Retainage—Bridge Design Associates, Inc. for 66th Avenue Bridge Replacements for 41st Street, 45th Street, 49th Street, 33rd Street and 37th Street Bridges—IRC Project 0545 (memorandum dated June 2, 2015) 98-100 June 23,2015 Page 2 of 6 8. CONSENT AGENDA PAGE F. Board of County Commissioners Travel Authorization for Soil & Water Conservation District Board Members for Association of Florida Conservation Districts(AFCD) Annual Meeting (memorandum dated June 15, 2015) 101-104 G. Amendment No. 1 to Agreement with CDM Smith for All Aboard Florida (AAF) Work Order No. 10, Review of Environmental Planning Documents (memorandum dated June 8, 2015) 105-109 H. Second Amendment to Elevated Water Tank Space License Agreement with Verizon (memorandum dated June 8, 2015) 110-129 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Sheriff,Deryl Loar Edward Byrne Memorial Justice Assistance Grant(JAG)Local Solicitation (letter dated June 9, 2015) 130-138 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Approval of Indian River County Public Housing Agency 5-Year and Annual Plan and Accompanying Resolution (memorandum dated June 12, 2015) 139-161 Legislative B. PUBLIC DISCUSSION ITEMS 1. Request to Speak from Bob Webster Regarding All Aboard Florida 162 2. Request to Speak from Keith D. Kite Regarding County's Legal Spending on All Aboard Florida 163 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None June 23,2015 Page 3 of 6 12. DEPARTMENTAL MATTERS PAGE A. Community Development 1. Consideration of Request to Extend Mining Operation Timeframes Due to Inactivity During the Recent Economic and Development Downturn (memorandum dated June 3, 2015) 164-171 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. Health Insurance Renewal — FY 2015/16 and Recommended Plan Adjustments for FY 2015/16 and 2016/17 (memorandum dated June 11, 2015) 172-175 2. Optional Sales Tax Extension—Update (memorandum dated June 16, 2015) 176-190 F. Public Works 1. Indian River County Intergenerational Recreation Facility (IG Building) at South County Regional Park—Change Order No. 1 (memorandum dated June 11, 2015) 191-199 G. Utilities Services None June 23,2015 Page 4 of 6 13. COUNTY ATTORNEY MATTERS PAGE A. Request for Closed Attorney-Client Session Relating to Indian River County vs. Turner Construction Company et al. (Case No.: 312011 CA002999) (memorandum dated June 12, 2105) 200 B. Potential Lawsuit Challenging Florida Development Finance Corporation Approval of the Issuance of$1,750,000,000 of Tax Exempt Private Activity Bonds for All Aboard Florida (memorandum dated June 12, 2015) 201-207 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'Brvan None E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Minutes of Meeting of May 19, 2015 2. Minutes of Meeting of June 2, 2015 3. Approval of Property Lease for Temporary Location of Fire Station Number 7 (memorandum dated June 10, 2015) 208-213 June 23,2015 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 1. Minutes of Meeting of May 19, 2015 2. Minutes of Meeting of June 9, 2015 3. Final Pay for GeoSyntec Work Order No. 9, One Year Groundwater Monitoring and Reporting and FDEP Meeting Attendance (memorandum dated June 16, 2015) 214-221 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 23,2015 Page 6 of 6 O +' •- . - , 1, ) PR O CLAMA TION J ,-i., t ,j ; HONORING MICHAEL L. ALEXANDER ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS �' DEPARTMENT OF GENERAL SERVICES/PARKS DIVISION is WHEREAS, Michael L. Alexander retired from Indian River County Parks Division 4 1 effective June 28, 2015; and /" ( WHEREAS, Michael L. Alexander began his career with Indian River County i • on April 6, 1985, in the position of Night Watchman. He has been a valuable asset to 4 the Parks Division. His duties included securing the Parks each evening and reporting any needed repairs or vandalism and assisting patrons of Donald MacDonald Campground during their stay. Michael L. Alexander was always courteous and helpful to the public and has received many compliments throughout his years of t service to Indian River County residents. He continued in that critical position until , • -. his retirement; and tWHEREAS, Michael L. Alexander has served this County and the Public with 'sl distinction and selflessness. During his thirty years of service, he was dedicated and ;j his work was greatly appreciated by the employer, citizens, and co-workers alike; and ;j NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY ;1 �' COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Michael L. Alexander's efforts on behalf of the County, and the Board \;'j wishes to express their appreciation for the dedicated service he has given to Indian II River County for the last thirty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff `s extend heartfelt wishes for success in his future endeavors. <) Adopted this 23rd day of June 2015. I- BOARD OF COUNTY COMMISSIONERS '1 INDIAN RIVER COUNTY, FLORIDA 1S 2 _ ,,t,, _. 1, 1 , 6-=______--- _ ) �i l ORIOy' Wes y S. Davis, Chairman 4 Y t / i Y 1 1 �- F i �iis •is to certify that s ' Z-4 . 1 it MichaelL. Alexander , 1 P t, • is hereby presented-this ... t ctirement Award l / ti `I • for outstanding performance and ) 1 i faithfu(serr.'ice to 1 1 Indian River County ' t Board of County Commissioners 'l . fed For thirty years of service On this 28th day of June 2015 AI 2 4 1 • -•Z--''''------'-- i./� JKicFtaeCZito gray S. Davis. ii Assistant County Administrator Board of County Commissioner, Chairman r 1 (5) ' 4 iii.__ i ! ad, . Q� - 2 +rrri rnwi�rlr Q---- ------<*ii›-,_. ----- -------<___ _10 t PROCLAMATION 5-e, is 1. HONORING TIMOTHY PERSKY ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE i WHEREAS, Timothy Persky retired from Indian River County Fire Rescue effective r` May 29, 2015; and t WHEREAS, Timothy Persky began his career with Indian River County on January '' 19, 1982, as a Firefighter/EMT,followed by his first promotion to Driver/Engineer in ( 1990 and rising to Lieutenant in 2002, in which capacity he has worked with great merit until his retirement; and j r4 , ' WHEREAS, Timothy Persky has served this County and the Public with distinction and selflessness. During his thirty-three years of service, he continued his education to include Fire Safety Inspector Designation in 1990, along with numerous other sr certifications ranging from fire leadership to emergency management, working for the isafety of our community and others as is reflected by the commendations received from ,, the State of Florida for Federal Service fighting fires in Montana, and other assists I within the Federal Department of Agriculture and Commerce. His work was greatly 1�� ' appreciated by his employer, citizens and co-workers alike; and it NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY <) COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board (` applauds Timothy Persky's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River 1 is County for the last thirty-three years;and ,f BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. 4 Adopted this 23rd day of June 2015. A rBOARD OF COUNTY COMMISSIONERS ` 1 INDIAN RIVER COUNTY, FLORIDA r �4 Y , ;}�1: G 4 . 4 1 r, �Rrp� We ey .Davis, Chairman t , 4 I — - scsT,s;;;.c.;,.,.ftmoa...em,-.mt:;;3=occr.r.mcstvnnbxo...-c,...r.ar,-,suaaxu-1.4.s,.scr.z.-.,..,.......A;..ust:-...scior:=Trapacstrzr;;7;;;;,-;"-,:s-osn:sa,-,....--....,......:,-•,-,...u.T.-r-w--=....-z----:-..- L18\--- -4E-si.i., --,---- ---""•.-'tir.-'":;;-------',--'...:Z .,-------..*Ncs..".,......:,....',01:-/-"-- 4i•ii";'Ii ' 0.--:: , "kr\;,.. r, ,„:---------::-...‹:: ir..,tir --<______ .„- .. , -N,.....„„..,lo: •-..____ - -,..____,....7 _ __,,,, _ ,.....,,,„ _.„1,.., 1 i , v ! r .........., 4npzaa...s ' ../t,-.4.w.).• .4,114...V.-,' .., .s.a.:y ---.3:7_13 - fl '" , th if 1 rci) ,kx ) Tfits. i‘s. to certib tfiat ., , , F Timothy Persky . . ..,. I A 1 ;f is tiered presented this , , . 1 r I . . i 1 P &tirement Award • . ! ?,. , 1 1 - 1 for outstanding performance and . , (1, 1,r i . 1, t . , I I, . 1 faitfifili service to ilc) 1 1 , . , 1 I Indian Vver County , . 1 i- Board of County Commissioners \ t! ,, ,1 'j! 1 , 1 ' For thirty-three years of service ., ':, 1 1 I 1 A 1, On this 29tfi day of Way 2015 k; I \'/• 1; . '\,t. 1 - i ... I - ; 1 \ I i ; ' . / i k•- - ,...,..„..., i i John i7(n4- -- es(ey S. Davis. :1 i 7(n4-• Director ofEmergency Services Board of County Commissioner, Cfiairtnan I , , 1 t 'I ; t, 1 08--.3 ---1-'24 --- -----7- -::')."".4"-&,": 1",'"7‘-s-",±t"::- .".i.F4Z44 -""'''''','". ..-.,:•=4--7-;i4. ""--'''''' , 1 -- _ I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director , Department of Emerg 4 •-rvices FROM: Brian Burkeen, Assistant Chief DATE: June 15, 2015 SUBJECT: Life Saving Awards It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On May 4th, 2015, IRC resident Dick Gower was taking his daily walk around Indian River Estates. On this day he decided to walk out on 74th Avenue and 26th Street. While walking Mr. Gower picks up trash to help keep his development clean, on this day he saw some trash in the canal and walked too close to the edge and fell into the canal knocking him unconscious. There were a chain of events that turned this event from a tragedy to a success story and we are asking that you acknowledge the persons involved that set the stage for a happy ending. RECOMMENDATION: Staff recommends presentation of the Life Saving Awards. APPROVED FOR AGENDA Indian River Co. Approved Data FOR: June 23 2115 tea' )4.. 110) Egr. 05 BY: AA /en,•rf lijJ seph • . Bair pis•,b i5 C I un ; Administrator General Svcs. 5 Dick Gower Canal Story This is a true story that may seem stranger than fiction. You know, they say there are no coincidences. Were there only one or two coincidences in this story, I might have thought, "Well, THAT certainly was lucky". But in this story there are multiple "coincidences." In fact, so many that it is clear that God in Heaven was choreographing the movements of quite a number of people, in order to have them coalesce in the same place at the same time, in the proper order, so that together they could perform what clearly was a miracle It started at around 3:35 pm on Monday, May 4th, 2015. Here in Vero Beach, FL, Mr. Gower was taking his daily 2-mile, pick-up-the-trash walk with my trusty hand-hewn cane, when deliberately he ended up off of Indian River Estates senior community's campus, at the southwest corner of 74th Ave. and 26th Street Rounding the corner and heading west onto the grassy area (good trash pickings there) next to the 26th Street canal, he spotted his next piece of trash. What he didn't spot was, that in going for it, he was putting himself precipitously close to the 15' drop, down a 50 degree embankment, to the water below. Mr. Gower set his trusty cane into what turned out to be the very upper, untrusty, portion of the embankment. It sank in more deeply than he anticipated, he lost his balance, and from that second on, Mr. Gower has no recollection of what happened. Now more than two weeks later, Mr. Gower came to understand, from five of the caring citizens, who were there to help, that there actually were quite a number of people (maybe 15), who stopped to help. Here's the story as they have pieced it together. Coincidence #1: My head-first fall down the embankment caught the peripheral vision of a young woman, Tori Cotton, who was about to make a right hand turn from 74th Ave. northbound to 26th St. east-bound. Approaching the intersection, she had slowed, looking for 26th St. traffic, first right, then left. Catching movement to her far left, she propelled her head around to really SEE it, and watched for just long enough (2 seconds?)to see Mr. Gower stumble and disappear. Only minutes before, knowing she needed to stop for gas, she had made the decision NOT to fuel up. Had she NOT made that decision, she would have rounded that corner later, having missed witnessing his fall. Without her seeing Mr. Gower stumble and take a dive down that embankment, NO ONE would have known he was there in time to save him. She sprang from her car(leaving it right there in middle of the northbound 74th Ave.) to RUN to the embankment's edge, where seconds before Mr. Gower had stood. Seeing 6 that he had landed, face down, in the canal she began franticly calling 911. Her antics began attracting other passersby to also stop. Coincidence#2: Sandy and Jacque Cypressi were in the second car to stop. Jacque is a friend of the Gower's here in Indian River County, whom they've known for probably five years. What are the chances of THAT? Well, she is a no-nonsense person, who concluded immediately that no rescue could be made without a ROPE, and made it her business to race to each stopped car trying to find SOMEONE with a rope. Not one car had one. But then Jacque spotted a Contract Services Co. van, driving north on 74th Ave., approaching 26th Street. The driver Cesar Medina saw that 74th was blocked with stopped cars, whose drivers were out on the grassy area trying to help with something; he didn't know what. As he backed up to make a U-Turn and find a better way to go. Jacque ran, waving vehemently to the driver to STOP, which he thankfully did. Without her relentless determination to quickly FIND A ROPE and make sure she stopped the first vehicle that seemed likely to have one, there would have been no rope to save me in time. Coincidence #3: The construction van's driver, Cesar Medina, did, in fact, have a long heavy duty rope! He may not have been fluent in English, but he understood enough to know that his rope was needed. He ran the rope over to the precipice's edge where now a few guys were eagerly waiting to grab the tail end of that rope and pull. But first, Cesar saw how steep and deep the embankment was, he knew that SOMEONE there would have to go down to put the rope around the victim, he turned to the first guy (Sandy Cypressi) waiting to pull, and said, "YOU go!" Sandy could see that Cesar was fearful, but he had to reply, "I may look strong, and I AM, but I'm 78, with poor balance control. I won't be able to do what needs to be done down there. I promise I can lower you down safely, and bring you back up safely. YOU must go!" Cesar, probably having never before been in a life or death situation, screwed up his courage, put his arms through the ropes loop, cinched it tight (super! — no need to tie and untie a knot), and in a few short seconds was lowered into the 4'water. He then turned Mr. Gower over to get his face out of the water, transferred the rope's loop from his torso to Mr. Gower's (under the arms) and cinched it. When he signaled, the others, gathered above, began to pull the rope, and bring me up to level ground. Without Cesar's having the rope, the knowledge of how to use it, the willingness to be lowered to me, and then signal the lifesavers to pull me up, I would not have been removed from the water in time. Coincidence #4: Without Sandy's ability to take Command, there might have been too much precious time wasted to save me, because of dithering over WHO would be lowered to the canal. His 7 quick and decisive thinking obliterated any such time wasting. And the authority he employed in explaining why Cesar must be the one, immediately brought him on board this team effort Coincidence #5: One of the rope pullers, Curtis Carpenter a CPR- certified x-ray tech, arrived in time to be 2nd on the rope, after Sandy, pulling me up. Curtis knew exactly what to do. He quickly found and pulled Mr. Gower into the perfect swale in the ground for what he was about to do. He un- cinched and removed the rope (which then was dropped to Cesar, who was brought up lickety-split). Curtis then kneeled next to Mr. Gower's right side, saw that he was blue and unresponsive, felt for his pulse, found none, and immediately began CPR chest compressions. His adrenalin was flowing, and he was pumped to bring this dude back to life. He kept at it for, he says, at least a hundred compressions. (That might have been the adrenalin talking. Jacque says it was more like 40.) After some time the compressions brought up water, after which Curtis tells me I regained a pulse and started breathing, but was unconscious. Curtis then put Mr. Gower in the recovery position. He was as elated as he has ever been. Without someone CPR-certified and having enough stamina to perform and stay with the task until success was achieved, an amateur might have botched the job, and not been able to bring me back to breathing in time. The other part of Coincidence #5 is that in heading west on 26th Street that day, the nagging side of Curtis had been reminding him for a few days that he needed to stop on the way home to take care of an errand. He almost put off that errand again. But he wanted to get that monkey off his back, so he said, "OK, OK already!! I'll do it NOW,"just as Nike says! Running that errand put him at THE corner at the EXACT TIME he was needed there. Without that errand, he would have reached that corner earlier, would have turned and continued south on 74th before the fall. Roxy Larabe was the 3rd car on the scene. She saw that something was amiss...probably a dog in the canal, she thought. Born and bred in Florida, she thought, "I can go in that ditch! Ditches don't scare me." She jumped from her car, leaving it in 74th Avenue's northbound lane, ran to the edge and looked in. When she saw a MAN face down in the water, 15' down, she was taken aback. "Wow! I can't do THAT!!" She felt totally helpless. But when Jacque stopped Cesar, and he brought his rope over, Roxy and others saw that the pulling end was badly tangled. While Cesar and Sandy were working out WHO was going to go down in the rope's loop, she and others set to untangling the opposite end. In no time it was straight, and she was among those on the line lowering Cesar down. In a flash he was out of the loop, had Dick in it and then was pushing Dick's rear end up the embankment as Sandy et al were pulling like crazy. Once up, Roxy saw Curtis take over, laying him flat and performing 8 CPR. To her it seemed like forever, but FINALLY Dick coughed up water, his eyes opened, and a bystander cried, "HALLELUJAH! It's a MIRACLE!!" And indeed it was. As was said at the beginning, it is clear that the Big Guy upstairs knew, as Mr. Gower was making that one wrong step, that, as He was not yet finished with me, He needed to pull a few of his marionette strings to make a series of miracles (NOT coincidences) happen that together would result in one heck of a big miracle. Of course, HE is my biggest Hero. The rest of the story is that the Fire Rescue arrived, and took Mr. Gower to the wonderful Trauma Unit at Ft. Pierce's Lawnwood Regional Medical Center, where later that night he regained consciousness, and began recovering from three fractured ribs, multiple scrapes and bruises on his face, head, arms and hands, and a torn deltoid muscle behind his right shoulder. Upon learning about the ribs, Curtis Carpenter exclaimed, "Oh NO! I FRACTURED your ribs! I'm SO sorry!" To which Mr. Gower replied, "Don't you dare apologize for fracturing my ribs. I'm GLAD you fractured my ribs! If you hadn't, I wouldn't be alive to talk to you today! 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PROCLAMATION STEVE FUGATE - LOVE LIFE WALK APPRECIATION WEEK WHEREAS, the Indian River County Board of County Commissioners are dedicated to life, liberty and the pursuit of happiness; and WHEREAS, Steve Fugate is an Indian River County resident whose mission is to remind people to LOVE LIFE; and WHEREAS, Steve's message was born out of tragedy in 1999 when his son, Stevie, committed suicide at age 26; and six years later his daughter, Michele, died from an accidental drug overdose; and WHEREAS, Steve Fugate turned the tragedy into living proof that if anyone can face the adversity of losing all of one's children and still LOVE LIFE then it's possible for anyone; and WHEREAS, Steve Fugate having already logged over 30,000 miles with his LOVE LIFE sign embarked from Vero Beach on March 23, 2013 on his Zig Zag walk through all 48 states of the contiguous United States; and WHEREAS, Steve Fugate returned to Vero Beach on June 20, 2015 while inspiring those he met as well his followers via social media to LOVE LIFE; and WHEREAS, the Board wishes to express their appreciation to Steve Fugate and congratulate him for all his efforts on his LOVE LIFE Walk; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of June 22, 2015 be designated as Steve Fugate LOVE LIFE Walk Appreciation Week in Indian River County. Adopted this 23th day of June, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA F, / _/. Wesley S. D..1, ''airman 14'0, *-0,-,---6- <./70-6ja-A--4-:. I.µ ii;v::1;:: ' ,C4. , '.41 Bob Solari, Vice Chairman OR C-J 4 h E. Fles her t ,,,,r ,,,ar. e!' cy__zZfr", , 7/Z.,,Z0\1 ) L.,1,,,:L/7 t:,i`e-j'ie"e, ‘------- eter I an t ,----- Tim Tim Zor• (23 Veterans Council of Indian River County Veterans Outreach Golf c, -r a 3 * t dy .tom M ,, ii ,, " � �y`�d 'r1r v * t.a-3v r s4^z 9 't,i,,.- - g'," -c .€ ! , ...,�.ya a<'' 'et g k "ti+Y �,: - 'ry * - ; g .fit,ter S�yyX.� 00 /aid t., Vero , L 7:00 am- Registration 8:00 am Shotgun Start-Format: Scramble Lunch & Awards immediately following sit, 5n . 0 0 per person i t Entry fee includes: Green Fees, Cart, Lunch &Awards Veterans Council Indian River County y`` I u register or regite t sponsorship information: (:all 77'-205-1995,2-2(15-1995, 772-532-576o • or('nutil patriciajgev('r(( gmail.com '(:IRC is a 501(c ) (3) non-profit Proceprl.s (rill sal)Irort lrrogrr►►ns Jor ►'('t('►inns from: ()!)(ration 1)('sr'rt Storm, OI►Cratio►► l:n(lm incl li-eurloin, and Oin'►'ation Iraqi I r(-prlrtn► 24 * * * * Veteran's Council Indian River County May 19, 2015 Dear Veterans Council IRC Supporter, The Veterans Council of Indian River County is hosting a Veterans Outreach Golf Tournament at Sandridge Golf Course on July 11th, 2015. Sandridge is located at 5300 73`d St., Vero Beach, FL. The event includes 18 holes of golf, cart, awards, and lunch immediately following for only $50 per golfer! Registration begins at 7:00 am with a Shotgun start at 8:00 am; it will be a Scramble format. We invite you to participate as a sponsor and golfer! We have several levels of sponsorship detailed in the enclosed Sponsorship and Registration form. Your sponsorship will offset the costs for veteran golfers and other proceeds from the Golf Tournament will be used to provide outreach and support to veterans from Operation Desert Storm, Operation Enduring freedom and Operation Iraqi freedom. The Veterans Council IRC is a 501c3 non-profit corporation. If you are interested in playing in the tournament and/or becoming a sponsor, please mail or email the attached form. If you have questions, please contact Pat 772-205-1995, Linda 772-532-5760 or email patriciaigever gmail.com. On behalf of the Veterans and the families that we serve, thank you for your consideration and support. Curtis Paulisin 1St Vice President Chair, Veterans Outreach Annual Golf Tournament Attachment PO Box 1354, Vero Beach, FL 32961 772-410-5920 info@VeteransCouncilIRC.org 25 Ligalb Veterans Council of Indian River County, Inc. Veteran's CouncilIndidianan River(',Dung• Annual Veterans Outreach Golf Tournament River SPONSORSHIP AND ENTRY FORM Date: July 11, 2015 Time: 7am Registration, 8am Shotgun start—Scramble format Lunch and Awards immediately following Place: Sandridge Golf Club, 5300 73rd St., Vero Beach, FL SPONSORSHIP I/We would like to sponsor the following: _Tournament Sponsor $500 _Team Sponsor $250 (includes 2 rounds of golf and 2 lunches) (includes one round of golf and one lunch) _Hole Sponsor $100 Sponsor a Veteran golfer $50 Tee Box Sponsor $50 _Gift Certificate Name Telephone Email ENTRY FORM Fee: $50 per golfer(includes Green Fees for 18 holes, Cart, Lunch &Awards) Name Telephone Email Team Member's Names Player 2 Player 3 Player 4 Questions: Pat 772-205-1995 or Linda 772-532-5760 or email patriciaibeverawnail.com Checks payable to: Veterans Council of Indian River County Mail to: Veterans Council IRC, PO Box 1354, Vero Beach, FL 32961 Proceeds will support programs for veterans from: Operation Desert Storm, Operation Enduring Freedom, and Operation Iraqi Freedom. The Veterans Council IRC is a 501(C)(3) non-profit. 26 6...23.2J/5, s. . ,t ' 2015 Sapphire Awards Honoree Organization Category septic failures/lack of access to sewer. Partnerships were created with many government departments, nonprofits, and residents,and progress was measured by comparing Florida Department of Health in stated goals with actual/tangible project outcomes. Indian River County Services Provided Indian River County • Primary care, dental, environmental health, x` V��, communicable disease control, community health ,-=•AT" , ' education, school health, and the WIC and nutrition ..----1. i' program ' ,�, s -r-^" i . • Protocol for Assessing Community Excellence in ,.4 ' .04-7.- _ _1s Environmental Health (PACE EH) • Gifford Community Housing Improvements I. • East Gifford Park Clean Up and Improvements • Gifford Health Center– Improving Access to Care • Gifford Toxic Property Clean Up .d yl'� Notable Achievements _-_T. _T ' '' i_ �r \ • Nationally recognized for PACE EH program, most ` ` '�`` ��.1� g '� notably as a "model practice" by the National . �, , Associ tion of County and City Health Officials r,� - (NACCHO) yk 1 ,_, FY • Garnered$6 million in community identified improvements through the implementation of PACE 1 1 ^,,"i, �`*° ,-' EH in four impoverished communities `, a �' ;;� •:n. - • Over 45 abandoned, single family homes and a 52- - unit, abandoned, crime-ridden apartment complex have been demolished; construction of 15 new residences and 75 rehabilitated homes The Florida Department of Health in Indian River • Improvements to East Gifford Park to make it County(DOH-Indian River)serves all parts of Indian safer and more family friendly, and highlighted the River County for primary care,dental,environmental importance of safe recreational areas health,communicable disease control,community health education,school health,and the WIC and •Transformed Gifford Health Center into a child nutrition program. It has two clinic sites–the main health friendly facility,with plans for walking trail, nutrition department in Vero Beach and the clinic in Gifford,a education, and "5-2-1-0" childhood obesity community within unincorporated Indian River County. prevention campaign I The DOH-Indian River used the Protocol for Assessing • Revisions to the West Gifford Industrial and Community Excellence in Environmental Health(PACE Commerce District Overlay Regulations eliminated 15 EH)program to address environmental concerns in heavy industrial uses and added 39 commercial uses Gifford,an at-risk neighborhood in the community. • Clean up of a highly toxic site --7,000 discarded Strengths and weaknesses were identified and action tires, and an additional 250,000 pounds of debris and plans using specific, measurable, attainable, realistic and hazardous materials removed time-bound objectives to address identified gaps and • Updated Gifford Neighborhood Plan that included 11 issues were developed with community involvement input from residents and community partners 1 throughout the process. Many of the issues identified did not fall within the traditional definition of"environmental For more information on this organization,visit health," but affected the health of the community.The www.myirchd.org. li top environmental health issues identified were: lack of housing,abandoned housing,struggling to meet basic needs,safety from drug trafficking,street lighting, contaminated land,access to safe drinking water, and r 1 711 JEFFREY R. SMITH Clerk to the Board May 1, 2015 THE TOWN OF INDIAN RIVER SHORES, CITY OF VERO BEACH AND INDIAN RIVER COUNTY MEDIATION Representatives from the Town of Indian River Shores (the "Town"), the City of Vero Beach (the "City"), and the Board of County Commissioners of Indian River County, Florida (the "County") met in mediation at the Indian River Shores Community Center, Indian River Shores, Florida, at 9:00 a.m. on Friday, May 1, 2015. This was the second mediation under the Florida Statutes, Chapter 164, Florida Governmental Conflict Resolution Act. CALL TO ORDER Carlos Alvarez, Esquire, Mediation, Facilitations, and Negotiations, called the meeting to order at 9:07 a.m. 1. INTRODUCTIONS Present for the Town was Mayor Brian Barefoot, Town Manager Robbie Stabe, the Town's Legal Counsel Bruce May, from Holland and Knight, Electric Utility Consultant Terry Deason, Town Attorney Chester Clem, and Town Clerk Laura Aldrich. Present for the City was Mayor Richard Winger, City Manager Jim O'Connor, City Attorney Wayne Coment (arrived 9:25 a.m.), the City's Legal Counsel Robert Scheffel "Schef' Wright, and City Clerk Tammy Vock. Present for the County was County Attorney Dylan Reingold, Commissioner Peter D. O'Bryan, County Administrator Joe Baird, and Deputy Clerk Terri Collins-Lister. Town of Indian River Shores -City of Vero Beach - Indian River County Electric Utilities Mediation Page 1 May 1, 2015 27 2. UPDATE ON MEDIATION PROGRESS SINCE THE DECEMBER 17, 2015 MEETING Mediator Alvarez asked the parties to give a brief synopsis on what has taken place since the December 17, 2014 Mediation and their stance at the present time. City Of Vero Beach Robert Scheffel "Schef' Wright, the City's Outside Counsel had engaged in talks with the Florida Municipal Power Agency (FMPA), Florida Power & Light (FPL) and the Orlando Utilities Commission (OUC) with the intention to reduce the costs under the FMPA contracts and noted there was little response. He added there was a conversation regarding the prospect for closing the FPL transaction; however, without someone to take assignment of the FMPA Power Supply Contract, there was no real possibility of the transaction going forward. He explained that FMPA and OUC reached an impasse, in which they determined OUC could not accept the City of Vero Beach requirements under the FMPA contracts without violating its bond covenants and the FMPA would not change its bond covenant. Attorney Wright mentioned that the City's rate study was under way and the consultants deemed the overall cost level, revenue and rate levels on target as for now. He said the System Optimization Study was being done by Power Services on various stage dates, with the last deliverable due in November 2015. Attorney Wright highlighted the City's efforts to reduce the power supply costs, which represent roughly 73% of the total costs to service. He continued that the majority of the cost was paid to the FMPA with the remaining balance to OUC pursuant to the Power Purchase Agreements and Project contract the City entered into in 2008. He added the City paid $4 million a year to keep the existing Power Plant operational in order to maintain reserve obligations to the Florida Reliability Coordinating Council, the entity that organizes and ensures the reliability of the grid. Attorney Wright focused on the latest new and improved OUC offer in which they agreed to let the City modify the billing demand used to calculate the payment, for a savings of$1.1 to $1.2 million per year, plus an additional discount of $500,000 each year until the year 2018. Additionally, as part of their due diligence, the City continues to evaluate the Florida power supply and energy markets. Attorney Wright revealed two scenarios and emphasized there were risks either way: 1. Take the OUC contract offer valid until the year 2023, that would reduce the City's demand charges and reduce costs over a period of five years. 2. Terminate the OUC contract and go to the market. According to an analysis by Bill Herrington, he indicated a savings of$32 million at present value through the analysis period which was either the year 2023 or 2029. Town of Indian River Shores - City of Vero Beach - Indian River County Electric Utilities Mediation Page 2 May 1, 2015 28 Attorney Wright pointed out if the City accepted the OUC offer and dependent upon the rate study, the City may be able to lower their power supply costs by $6.50 to $7 per 1000 kilowatts hours, if the sales and the price of natural gas remain static, pricing assumptions improve, and there were no unexpected costs in other aspects of the electric utility systems operation. Attorney Wright added the City may be able to reduce the power supply costs by an additional $1.50 to $2 per 1000 kilowatt hours of costs by going to the market, subject to the caveats described. He said another option would be to finance the capital expenditures for the next two to three years, over a ten to fifteen year period, that would significantly delay the rate impact for the next three years. He explained in the year 2019, there would be a significant reduction in cost for the FMPA's Stanton Unit 1 Project, because the debt would roll off. He said the City was the largest participant in the project and the debt would change over to the City in the amount of$2.6 million a year when it rolls off. Indian River County County Attorney Dylan Reingold advised after the mediation held on December 17, 2014, the City filed a petition with the Public Service Commission (PSC). On February 3, 2015, the PSC ruled in favor for granting the declaratory statement for the City and declined one for the County. Since then, the County has filed a notice of appeal with the Florida Supreme Court and the proposed briefing schedule for both parties begins around the first week of June. At that time, the County plans on filing their brief and the Florida Association of County Attorneys decided to file an amicus brief in the support of the County. The Town of Indian River Shores The Town's Legal Counsel Bruce May expressed the Town's frustration that they had not heard back from the City on some quantification as to what kind of rate relief they could expect. He recalled from the December 17, 2014 Mediation Meeting, the Town believes the optimal solution was for the City to sell its entire electric system to FPL; however, it was apparent that the FMPA had no intentions of allowing the City to sell its entire system. However, Attorney May explained the contractual provision that gives FMPA veto authority on the City's ability to sell their electric system, found in Section 28(c) of the requirements, stating, "the project participant "the City" agrees that it will not sell, lease, abandon or otherwise dispose of all or substantially all of its electric or integrated utility system without the FMPA's consent". He called attention to the fact that FMPA's consent was not required for the City to sell a small portion of its system in the Town. Attorney May revealed that the Town wanted to propose to the City, a partial sale to FPL. Attorney May touched on the City's concerns regarding the partial sale to FPL. He identified three basic concerns: 1) the City views itself in litigation with the Town and the County; 2) the City has a substation within the Town that serves as a backbone for the City's overall distribution system; and 3) there were stranded costs. A discussion ensued on stranded costs and Attorney May referred to the South Daytona and Winter Park electric utility's acquisitions. Town of Indian River Shores - City of Vero Beach - Indian River County Electric Utilities Mediation Page 3 May 1, 2015 29 The Town Mayor Brian Barefoot hoped to resolve the issues today to avoid the costs and risk of litigation. He recalled at the December 17, 2014 Mediation Meeting, it was agreed upon to continue abatement of the Town's lawsuit, during which time the City would pursue opportunities to reduce rates and provide concrete recommendations for doing so. The Town Council voted to further extend the abatement an additional 75 days to expire on May 15, 2015, to give the City time to explore these opportunities to continue negotiations with OUC and FMPA. Mayor Barefoot expressed his disappointment with the FMPA's continued refusal to be part of the solution, their mismanagement, and their performance or lack thereof, before the Joint Legislative Auditing Committee. The Town continues to be disappointed that the City has not chosen to aggressively pursue amendments to the FMPA contract, or even attempted to cancel the contract through every legal means available. Mayor Barefoot compared FPL electric rates to the City electric rates and he explained when the cooling off period began, the rate disparity between the two electric utilities was approximately 25%. It has increased to almost 31%, which leads the Town to believe the City has no control over its electric utilities destiny. He indicated FPL has opened the door to discussions with the City about a potential sale of utility assets in the Town, which could solve the rate disparity crisis in the Town, provide the City with an influx of funds to enhance its financial viability and potentially provide cost reductions to be passed on to all of its remaining customers in the City and the County. Terry Deason, the Town's Electric Utility Consultant, referred to his handouts on the Town of Indian River Shores Buyout. He reiterated the Town does not know what a buyout would be if one would take place, and explained there were various moving parts to be considered. He reviewed the information on the Transfer Coverage Range Analysis and indicated the Town was not taking a position on the transfer, whether it was the right thing to do or not. However, the impacts of a buyout on various levels could be beneficial. Mr. Deason turned the focus to the theoretical amount of savings in debt service payments that could be achieved on the buyout bonds. He emphasized that the Town felt strongly, given what they knew about other amounts of buyouts of utilities on a per customer basis. The Town presented an opportunity to the City for an infusion of capital dollars to be used as they see fit, whether it be a rate stabilization fund or cancellation of the OUC Contract. Mayor Barefoot summarized the $542,000 on the transfer coverage range analysis handout, which was the amount of the transfer lost without the Town's customer base. Amy Brunjes, Area Manager with FPL, stated that for the last seven years, FPL has been focused on a whole Vero Electric sale and believed it still could be achievable. She pointed out that FPL continues to look for solutions to bring lower electric rates to as many of the Vero Electric customers as possible. She felt a sale or acquisition of the customer base in the Town of Indian River Shores was achievable and would not negatively impact the Vero Electric customers. Town of Indian River Shores - City of Vero Beach - Indian River County Electric Utilities Mediation Page 4 May 1, 2015 30 Mayor Barefoot called attention to the fact that the Town had a May 15, 2015 deadline and asked Mrs. Brunjes, if there was a timeframe when FPL could meet with the City regarding the additional analysis required for a buyout. Mrs. Brunjes detailed that FPL would need to do a full evaluation in order to determine the purchase price and was hopeful the analysis would be completed within the next two to three weeks' timeframe, close to the May 15, 2015 deadline or shortly thereafter. Mayor Richard Winger questioned the Town's buyout amounts on their analysis and referred to the $3,000,000 number. He felt it was rather an insult and the numbers were unrealistic because the FMPA power was expensive. Mr. Deason responded with an apology and indicated it was just a range analysis. General discussion ensued in regards to the range analysis and Commissioner Peter O'Bryan summarized the range analysis clarification. He referred to the Transfer Coverage Range Analysis and implied that the City could invest in some type of financial investment that would generate various rates of return. Based upon that return, that would be how many years the amount would cover the $540,000 transfer. Mr. Deason agreed with Commissioner O'Bryan's summary with a slight clarification that the City could take the funds and invest them, or use the money, which would preclude them from having to go to some other source of funds. Commissioner O'Bryan viewed the second handout regarding the Series 2003A Electric Refunding Revenue Bonds. He pointed out that if the City took the buyout amount and paid down a portion of their revenue bonds, the savings would be the reduced interest from paying down those bonds. Mr. Deason added it would not only reduce the interest from paying down the bonds,but reduce the requirement to pay the principal. The Mediator called for a recess at 10:30 a.m. and reconvened the meeting at 10:43 a.m., with all parties present. Mediator Alvarez wanted to hear the City's thoughts regarding the Town's proposal. Attorney Wright looked forward to receiving FPL's proposal. In response to Mr. Deason's analysis of two possible applications of a buyout payment, he explained there was a lot more components involved with any loss of sales based on kilowatt hours sold to the City's overall cost structure under the various power purchase agreement. He revealed the City strongly preferred to see the City electric issue wrapped up sooner, rather than later. Mediator Alvarez seemed to think that the end of the cooling off period of May 15, 2015, was too short of a period of time for the City's consideration of the Town's proposal and questioned if the Town could extend their lawsuit another month. A discussion ensued on the lawsuit, and Attorney May's concern was that the franchise agreement would expire in November 2016. He believed even with the Town pursuing the Town of Indian River Shores - City of Vero Beach - Indian River County Electric Utilities Mediation Page 5 May 1, 2015 31 lawsuit, the parties could still continue to negotiate in litigation. He indicated that if the City and FPL were productive in their talks, then the Town would be glad to accommodate the schedule of the lawsuit. Mediator Alvarez said if the Town and the City put the litigation to the side, then there would be a better chance of reaching a settlement. He had no problem with the Town instituting the lawsuit,but asked if the Town would extend the cooling off time period to June 1, 2015. Mayor Winger wanted the parties to know that he would not support anything done in this venue that was not equitable to all of the customers of the Vero Electric. Mediator Alvarez sensed from the Town's proposal that the remaining Vero Electric customers would not bear a huge burden. Mayor Barefoot hoped the negotiations between the City and FPL would get to the point where everyone would benefit. He commented in regards to the lawsuit from the Town's perspective, it could not be any worse than it was now, so they had nothing to lose. He continued, if there was some role the Town could play in the negotiations between the City and FPL that would facilitate a favorable conclusion, he would be more than happy to participate in that discussion. Mediator Alvarez led a discussion regarding the near end of mediation and the parties not reaching an agreement. He said in this mediation there was frustration from all of the parties,but at the same time there were a number of things already happening to better the situation. Mediator Alvarez inquired on a discussion from the December Mediation, regarding a Utility Board beyond the City. Attorney Wright in response to Mediator Alvarez, indicated that creating a Utility Board was still on the high priority list; however, the City's efforts had been devoted toward trying to get lower rates and costs from power supply sites. Attorney May revealed the Town was moving forward with adopting a Rate Ordinance in the event the litigation was unsuccessful; they would have the legal authority to adopt their Rate Regulatory Ordinance within the Town limits. Commissioner O'Bryan thanked the Town for bringing forward a potential solution and reiterated the County's position was that the only true and equitable solution was the full and complete sale of the entire electric utility to FPL. He indicated the County feels that progress would be made toward a solution for a full and complete sale of the City of Vero Beach's Electric Utility by sending a letter to the legislature requesting the Joint Legislative Auditing Committee to tell FMPA: 1) to give the City the value of their assets; and 2) to provide the exit costs for the City. The Mediator announced a recess for discussion at 11:05 a.m. and resumed at 11:13 a.m., with all parties present. Town of Indian River Shores - City of Vero Beach - Indian River County Electric Utilities Mediation Page 6 May 1, 2015 32 Attorney May for the Town, proposed to allow the cooling off period to lapse and would file the necessary paperwork to reinstate the lawsuit, but agreed to give the City an additional 30 days, on top of 20 days already allowed to respond to the lawsuit, upon the Town Council's approval. Attorney Wright for the City said 50 days was completely reasonable from the date the lawsuit was reinstated. Attorney May announced the Town would be holding a Special Call Meeting after the mediation at 2:00 p.m., and should be able to provide their position to Mediator Alvarez. Mediator Alvarez indicated after the Town Council Meeting, letters would follow to verify the Town's proposal. He asked the parties to keep in mind that other entities would weigh in given the issues involved, and aired his concerns on going to litigation. Mediator Alvarez announced the end of the FL Statutes, Chapter 164 Mediation and terminated it at 11:20 a.m. ADJOURNMENT There being no further business, the meeting adjourned at 11:20 a.m. Mediation/TCL/05012015 Town of Indian River Shores - City of Vero Beach- Indian River County Electric Utilities Mediation Page 7 May 1, 2015 33 JEFFREY R. SMITH CPA, CGFO, CGMA ,k eouNryc v, Clerk of Circuit Court&Comptroller , $ Finance Department J "+ V' 1801 27t Street I ti Ai Vero Beach,FL 32960 R TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 11, 2015 SUBJECT: APPROVAL OF WARRANTS June 4,2015 to June 11, 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 June 4, 2015 to June 11, 2015 Attachment: DLB: DB 34 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 327017 6/5/2015 CLERK OF CIRCUIT COURT 395.00 327018 6/11/2015 UTIL REFUNDS 116.42 327019 6/11/2015 UTIL REFUNDS 25.19 327020 6/11/2015 UTIL REFUNDS 61.36 327021 6/11/2015 UTIL REFUNDS 63.50 327022 6/11/2015 UTIL REFUNDS 40.75 327023 6/11/2015 UTIL REFUNDS 86.22 327024 6/11/2015 UTIL REFUNDS 54.39 327025 6/11/2015 UTIL REFUNDS 218.23 327026 6/11/2015 UTIL REFUNDS 9.36 327027 6/11/2015 UTIL REFUNDS 28.40 327028 6/11/2015 UTIL REFUNDS 53.48 327029 6/11/2015 UTIL REFUNDS 223.68 327030 6/11/2015 UTIL REFUNDS 129.02 327031 6/11/2015 UTIL REFUNDS 33.96 327032 6/11/2015 UTIL REFUNDS 304.38 327033 6/11/2015 UTIL REFUNDS 2.78 327034 6/11/2015 UTIL REFUNDS 28.29 327035 6/11/2015 UTIL REFUNDS 409.31 327036 6/11/2015 UTIL REFUNDS 39.47 327037 6/11/2015 UTIL REFUNDS 34.34 327038 6/11/2015 UTIL REFUNDS 36.82 327039 6/11/2015 UTIL REFUNDS 19.62 327040 6/11/2015 UTIL REFUNDS 59.97 327041 6/11/2015 UTIL REFUNDS 64.47 327042 6/11/2015 UTIL REFUNDS 85.86 327043 6/11/2015 UTIL REFUNDS 67.43 327044 6/11/2015 UTIL REFUNDS 69.96 327045 6/11/2015 UTIL REFUNDS 35.76 327046 6/11/2015 UTIL REFUNDS 81.80 327047 6/11/2015 UTIL REFUNDS 62.58 327048 6/11/2015 UTIL REFUNDS 9.89 327049 6/11/2015 UTIL REFUNDS 90.16 327050 6/11/2015 UTIL REFUNDS 50.42 327051 6/11/2015 UTIL REFUNDS 328.79 327052 6/11/2015 UTIL REFUNDS 91.89 327053 6/11/2015 UTIL REFUNDS 45.07 327054 6/11/2015 UTIL REFUNDS 132.66 327055 6/11/2015 UTIL REFUNDS 64.24 327056 6/11/2015 UTIL REFUNDS 72.48 327057 6/11/2015 UTIL REFUNDS 77.73 327058 6/11/2015 UTIL REFUNDS 237.12 327059 6/11/2015 UTIL REFUNDS 118.76 327060 6/11/2015 UTIL REFUNDS 65.69 327061 6/11/2015 UTIL REFUNDS 251.22 327062 6/11/2015 UTIL REFUNDS 18.50 327063 6/11/2015 UTIL REFUNDS 79.90 327064 6/11/2015 UTIL REFUNDS 67.58 327065 6/11/2015 UTIL REFUNDS 86.53 327066 6/11/2015 UTIL REFUNDS 121.92 327067 6/11/2015 UTIL REFUNDS 47.14 327068 6/11/2015 UTIL REFUNDS 80.69 327069 6/11/2015 UTIL REFUNDS 50.58 327070 6/11/2015 UTIL REFUNDS 34.92 327071 6/11/2015 UTIL REFUNDS 45.10 327072 6/11/2015 UTIL REFUNDS 40.33 327073 6/11/2015 UTIL REFUNDS 51.24 327074 6/11/2015 UTIL REFUNDS 4.74 35 1 TRANS NBR DATE VENDOR AMOUNT 327075 6/11/2015 UTIL REFUNDS 250.09 327076 6/11/2015 UTIL REFUNDS 62.41 327077 6/11/2015 UTIL REFUNDS 62.23 327078 6/11/2015 UTIL REFUNDS 34.07 327079 6/11/2015 UTIL REFUNDS 12.62 327080 6/11/2015 UTIL REFUNDS 6.32 327081 6/11/2015 UTIL REFUNDS 46.98 327082 6/11/2015 UTIL REFUNDS 9.69 327083 6/11/2015 UTIL REFUNDS 43.79 327084 6/11/2015 UTIL REFUNDS 128.01 327085 6/11/2015 UTIL REFUNDS 19.26 327086 6/11/2015 UTIL REFUNDS 3.80 327087 6/11/2015 UTIL REFUNDS 35.92 327088 6/11/2015 UTIL REFUNDS 24.56 327089 6/11/2015 UTIL REFUNDS 36.97 327090 6/11/2015 UTIL REFUNDS 43.28 327091 6/11/2015 UTIL REFUNDS 55.76 327092 6/11/2015 UTIL REFUNDS 48.30 327093 6/11/2015 UTIL REFUNDS 110.22 327094 6/11/2015 UTIL REFUNDS 20.15 327095 6/11/2015 UTIL REFUNDS 84.80 327096 6/11/2015 UTIL REFUNDS 19.68 327097 6/11/2015 UTIL REFUNDS 28.00 327098 6/11/2015 UTIL REFUNDS 4.99 327099 6/11/2015 UTIL REFUNDS 31.07 327100 6/11/2015 UTIL REFUNDS 39.26 327101 6/11/2015 UTIL REFUNDS 32.80 327102 6/11/2015 UTIL REFUNDS 39.32 327103 6/11/2015 UTIL REFUNDS 362.20 327104 6/11/2015 UTIL REFUNDS 35.62 327105 6/11/2015 UTIL REFUNDS 66.80 327106 6/11/2015 UTIL REFUNDS 60.02 327107 6/11/2015 UTIL REFUNDS 56.09 327108 6/11/2015 UTIL REFUNDS 21.05 327109 6/11/2015 UTIL REFUNDS 47.10 327110 6/11/2015 UTIL REFUNDS 43.63 327111 6/11/2015 UTIL REFUNDS 25.60 327112 6/11/2015 UTIL REFUNDS 75.49 327113 6/11/2015 UTIL REFUNDS 37.11 327114 6/11/2015 UTIL REFUNDS 30.18 327115 6/11/2015 UTIL REFUNDS 264.86 327116 6/11/2015 UTIL REFUNDS 75.16 327117 6/11/2015 UTIL REFUNDS 7.14 327118 6/11/2015 UTIL REFUNDS 77.69 327119 6/11/2015 UTIL REFUNDS 46.59 327120 6/11/2015 UTIL REFUNDS 143.41 327121 6/11/2015 UTIL REFUNDS 9.80 327122 6/11/2015 UTIL REFUNDS 64.44 327123 6/11/2015 UTIL REFUNDS 78.48 327124 6/11/2015 UTIL REFUNDS 11.40 327125 6/11/2015 UTIL REFUNDS 33.14 327126 6/11/2015 UTIL REFUNDS 33.04 327127 6/11/2015 UTIL REFUNDS 40.82 327128 6/11/2015 UTIL REFUNDS 42.47 327129 6/11/2015 UTIL REFUNDS 66.64 327130 6/11/2015 UTIL REFUNDS 73.78 327131 6/11/2015 UTIL REFUNDS 80.86 327132 6/11/2015 UTIL REFUNDS 23.80 327133 6/11/2015 UTIL REFUNDS 5.13 327134 6/11/2015 UTIL REFUNDS 36.83 36 2 TRANS NBR DATE VENDOR AMOUNT 327135 6/11/2015 UTIL REFUNDS 18.55 327136 6/11/2015 UTIL REFUNDS 78.47 327137 6/11/2015 UTIL REFUNDS 21.65 327138 6/11/2015 UTIL REFUNDS 33.09 327139 6/11/2015 UTIL REFUNDS 32.32 327140 6/11/2015 UTIL REFUNDS 14.09 327141 6/11/2015 PORT CONSOLIDATED INC 116,550.09 327142 6/11/2015 JORDAN MOWER INC 1,880.08 327143 6/11/2015 TEN-8 FIRE EQUIPMENT INC 3,175.75 327144 6/11/2015 VERO CHEMICAL DISTRIBUTORS INC 147.70 327145 6/11/2015 AT&T WIRELESS 109.00 327146 6/11/2015 AT&T WIRELESS 1,887.84 327147 6/11/2015 PARALEE COMPANY INC 400.00 327148 6/11/2015 KELLY TRACTOR CO 185.30 327149 6/11/2015 REPUBLIC SERVICES INC 915.78 327150 6/11/2015 AMERIGAS EAGLE PROPANE LP 129.00 327151 6/11/2015 LFI FORT PIERCE INC 547.20 327152 6/11/2015 CLIFF BERRY INC 10.50 327153 6/11/2015 PHYSIO CONTROL INC 1,049.57 327154 6/11/2015 PARKSON CORPORATION 1,437.77 327155 6/11/2015 ALLIED ELECTRONICS INC 541.29 327156 6/11/2015 HD SUPPLY WATERWORKS,LTD 60.00 327157 6/11/2015 EGP INC 1,165.61 327158 6/11/2015 FLORIDA VETERINARY LEAGUE 67.37 327159 6/11/2015 TIRESOLES OF BROWARD INC 218.35 327160 6/11/2015 OXFORD UNIVERSITY PRESS 9.95 327161 6/11/2015 BARTH CONSTRUCTION INC 298,878.58 327162 6/11/2015 CLAUDE A GIBSON 5,400.00 327163 6/11/2015 DELL MARKETING LP 1,333.51 327164 6/11/2015 XEROX CORP SUPPLIES 700.38 327165 6/11/2015 GENERAL PART INC 918.78 327166 6/11/2015 GOODYEAR AUTO SERVICE CENTER 1,728.24 327167 6/11/2015 BAKER&TAYLOR INC 2,707.19 327168 6/11/2015 BARNEYS PUMP INC 22,400.00 327169 6/11/2015 MIDWEST TAPE LLC 379.80 327170 6/11/2015 PRECISION CONTRACTING SERVICES INC 6,750.00 327171 6/11/2015 MICROMARKETING LLC 257.67 327172 6/11/2015 K&M ELECTRIC SUPPLY 58.93 327173 6/11/2015 GO COASTAL INC 64.00 327174 6/11/2015 GRACES LANDING LTD 367.00 327175 6/11/2015 LINDSEY GARDENS LTD 1,325.00 327176 6/11/2015 CLERK OF CIRCUIT COURT 159.31 327177 6/11/2015 CITY OF VERO BEACH 75,315.39 327178 6/11/2015 CITY OF VERO BEACH 40.00 327179 6/11/2015 STEPHEN WOJTASZEK 29.21 327180 6/11/2015 COMPBENEFITS COMPANY 200.14 327181 6/11/2015 COLONIAL LIFE&ACCIDENT INS CO 51.48 327182 6/11/2015 UNITED PARCEL SERVICE INC 30.64 327183 6/11/2015 FLORIDA EAST COAST RAILWAY LLC 7,985.05 327184 6/11/2015 TREASURE COAST HOMELESS SERVICES 25,030.56 327185 6/11/2015 WAL MART STORES EAST LP 137.41 327186 6/11/2015 ACUSHNET COMPANY 1,267.40 327187 6/11/2015 IRC CHAMBER OF COMMERCE 31,672.90 327188 6/11/2015 FLORIDA FIRE CHIEFS ASSOCIATION 95.00 327189 6/11/2015 DON LAWLESS 100.00 327190 6/11/2015 CITY OF SEBASTIAN 634.21 327191 6/11/2015 ROSEMOUNT INC 2,363.14 327192 6/11/2015 TIMOTHY ROSE CONTRACTING INC 399,146.25 327193 6/11/2015 CALLAWAY GOLF SALES COMPANY 316.75 327194 6/11/2015 FLORIDA POWER AND LIGHT 18,821.49 37 3 TRANS NBR DATE VENDOR AMOUNT 327195 6/11/2015 FLORIDA POWER AND LIGHT 1,815.75 327196 6/11/2015 KETTELA ENTERPRISES 397.11 327197 6/11/2015 PEACE RIVER ELECTRIC COOP INC 357.00 327198 6/11/2015 NEW HORIZONS OF THE TREASURE COAST 23,229.50 327199 6/11/2015 JOSEPH A BAIRD 40.00 327200 6/11/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 25.00 327201 6/11/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 327202 6/11/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 327203 6/11/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 500.00 327204 6/11/2015 TREASURE COAST SPORTS COMMISSION INC 5,400.00 327205 6/11/2015 BUILDING OFFICIALS ASSOC OF FLORIDA 260.00 327206 6/11/2015 NOTARY PUBLIC UNDERWRITERS INC 138.00 327207 6/11/2015 GERALD A YOUNG SR 75.00 327208 6/11/2015 TERRY SOUTHARD 29.00 327209 6/11/2015 ALAN SCHOMMER PROPERTIES 188.39 327210 6/11/2015 MIZUNO USA INC 143.56 327211 6/11/2015 ALAN C KAUFFMANN 165.00 327212 6/11/2015 PETTY CASH 38.34 327213 6/11/2015 THE FLORIDA BAR 300.00 327214 6/11/2015 3 BALL ENTERPRISES LLC 8,301.84 327215 6/11/2015 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 55.26 327216 6/11/2015 KEEP INDIAN RIVER BEAUTIFUL INC 5,412.56 327217 6/11/2015 THE PROFESSIONAL GOLFERS 451.00 327218 6/11/2015 IDEA GARDEN ADVERTISING 150.00 327219 6/11/2015 BRIDGE DESIGN ASSOCIATES INC 792.00 327220 6/11/2015 NATIONAL ASSOCIATION OF LEGAL ASSISTANTS INC 140.00 327221 6/11/2015 VERO CLUB PARTNERS LTD 469.00 327222 6/11/2015 FLORIDA DEPT OF BUSINESS&PROF 1,125.00 327223 6/11/2015 BRENNAN&KRETSCHMER 437.50 327224 6/11/2015 TRANE US INC 978.00 327225 6/11/2015 TREASURE COAST MATS 476.00 327226 6/11/2015 CELICO PARTNERSHIP 1,803.50 327227 6/11/2015 GPSERV INC 10,814.00 327228 6/11/2015 VAN WAL INC 175.00 327229 6/11/2015 JOSEPH W VASQUEZ 190.00 327230 6/11/2015 BIG BROTHERS AND BIG SISTERS 1,250.00 327231 6/11/2015 FLORIDA RURAL LEGAL SERVICES INC 2,130.54 327232 6/11/2015 OCLC ONLINE COMPUTER LIBRARY CENTER 397.67 327233 6/11/2015 KATE TYSON LYONS 315.00 327234 6/11/2015 GARY L EMBREY 100.00 327235 6/11/2015 BILL BRESSETT 80.00 327236 6/11/2015 JOSE RIVERA 80.00 327237 6/11/2015 KEN CHATAM 120.00 327238 6/11/2015 ORCHID ISLAND PROPERTY MGMT II INC 6,832.00 327239 6/11/2015 D&S ENTERPRISES OF VERO BCH LLC 22.17 327240 6/11/2015 SUNCOAST REALTY&RENTAL MGMT LLC 625.00 327241 6/11/2015 CAROLYN FOISY 425.02 327242 6/11/2015 JOHNNY B SMITH 190.00 327243 6/11/2015 BALLINA,RAFAEL G 75.00 327244 6/11/2015 CHARLES A WALKER 100.00 327245 6/11/2015 FISHER&PHILLIPS LLP 3,325.00 327246 6/11/2015 INDIAN RIVER RDA LP 300.00 327247 6/11/2015 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 60.00 327248 6/11/2015 AFFORDABLE WATER&COFFEE SVC 3,790.00 327249 6/11/2015 CINDY THOMPSON 65.00 327250 6/11/2015 SOUTHEAST SECURE SHREDDING 134.08 327251 6/11/2015 TREASURE COAST FOOD BANK INC 176.20 327252 6/11/2015 DANA SAFETY SUPPLY INC 179.37 327253 6/11/2015 TREASURE COAST ELEMENTARY 123.00 327254 6/11/2015 K'S COMMERCIAL CLEANING 660.00 38 4 TRANS NBR DATE VENDOR AMOUNT 327255 6/11/2015 YOUTH GUIDANCE DONATION FUND 416.67 327256 6/11/2015 THE SPIVEY GROUP INC 6,210.62 327257 6/11/2015 TERESA PULIDO 240.00 327258 6/11/2015 SANDY ARACENA 100.00 327259 6/11/2015 CALIFORNIA STATE CONTROLLERS OFFICE 77.53 327260 6/11/2015 WOERNER DEVELOPMENT INC 183.00 327261 6/11/2015 OSCEOLA COUNTY SECTION 8 309.00 327262 6/11/2015 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 327263 6/11/2015 JANCY PET BURIAL SERVICE INC 29.75 327264 6/11/2015 VERO BEACH ELEMENTARY 4.00 327265 6/11/2015 DELRAY MOTORS 548.81 327266 6/11/2015 TREKKER TRACTOR LLC 700.87 327267 6/11/2015 JOSEPH CATALANO 40.00 327268 6/11/2015 LINDSAY ADAMS 120.16 327269 6/11/2015 RAYMOND J DUCHEMIN 120.00 327270 6/11/2015 KEITH GROCHOLL 60.00 327271 6/11/2015 VEROTOWN LLC 60.00 327272 6/11/2015 HJA DESIGN STUDIO LLC 2,749.00 327273 6/11/2015 SOUTHEASTERN SECURITY CONSULTANTS INC 55.50 327274 6/11/2015 LIBERTY MAGNET ELEMENTARY SCHOOL 25.00 327275 6/11/2015 LINDA GRAHAM 210.00 327276 6/11/2015 TIM ZORC 31.71 327277 6/11/2015 LOWES HOME CENTERS INC 511.62 327278 6/11/2015 LABOR READY SOUTHEAST INC 9,285.12 327279 6/11/2015 CARDINAL HEALTH 110 INC 898.49 327280 6/11/2015 AGN SPORTS LLC 150.00 327281 6/11/2015 STEVEN G HANSEN 240.00 327282 6/11/2015 BURNETT LIME CO INC 6,427.40 327283 6/11/2015 MARIANNE RIKER 50.00 327284 6/11/2015 PENGUIN RANDOM HOUSE LLC 169.50 327285 6/11/2015 STRAIGHT OAK LLC 545.73 327286 6/11/2015 SCADA SOLUTIONS LLC 5,600.00 327287 6/11/2015 SOUTHERN MANAGEMENT LLC 3,993.75 327288 6/11/2015 MICHAEL YOUNG 40.00 327289 6/11/2015 GLS FUND VERO LLC 444.00 327290 6/11/2015 STEWART&STEVENSON FDDA LLC 257.69 327291 6/11/2015 C E R SIGNATURE CLEANING 850.00 327292 6/11/2015 ALEXIS THOMAS 4.36 327293 6/11/2015 CHEMTRADE CHEMICALS CORPORTATION 2,505.81 327294 6/11/2015 DYLAN REINGOLD 446.11 327295 6/11/2015 SAMBA HOLDINGS INC 1,343.09 327296 6/11/2015 WADE WILSON 85.00 327297 6/11/2015 INDIAN RIVER YELLOW PAGES 600.00 327298 6/11/2015 THE LAW OFFICES OF JENNIFER D PESHKE PA 1,001.00 327299 6/11/2015 AXIS DATA SOLUTIONS INC 2,957.23 327300 6/11/2015 TREASURE COAST CONSULTING INC 172.50 327301 6/11/2015 STS MAINTAIN SERVICES INC 1,450.00 327302 6/11/2015 AMERITAS 20,917.26 327303 6/11/2015 ARROW INTERNATIONAL 599.04 327304 6/11/2015 RONALD NICHELSON 60.00 327305 6/11/2015 MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,010.00 327306 6/11/2015 UTILITY COMPLIANCE INC 525.00 327307 6/11/2015 CHRISTINA WAGNER 120.00 327308 6/11/2015 SYLIVIA MILLER 1,857.00 327309 6/11/2015 LONGHORN LANDSCAPING AND SOD LLC 3,312.00 327310 6/11/2015 ESI ACQUISITION INC 25,500.00 327311 6/11/2015 EVERBRIDGE INC 39,610.00 327312 6/11/2015 JOSEPH DIZONNO 50.00 327313 6/11/2015 NIESHA HILL 50.00 327314 6/11/2015 KITTIE BUSKIRK 50.00 39 5 TRANS NBR DATE VENDOR AMOUNT 327315 6/11/2015 TIARA BYRD 50.00 327316 6/11/2015 NEKITA ROLLE 50.00 327317 6/11/2015 JAMES BROXTON 50.00 327318 6/11/2015 JESSICA LABOY 50.00 327319 6/11/2015 MALINDA VALENZUELA 50.00 327320 6/11/2015 PA LLC 953.83 327321 6/11/2015 THOMAS J NOTEMAN 233.57 327322 6/11/2015 EMILIO G RODRIGUEZ 233.18 327323 6/11/2015 SANDRA M WORDELL 191.32 327324 6/11/2015 A+PLUMBING SERVICES INC 295.00 327325 6/11/2015 CITRUS ELEMENTARY 10.00 327326 6/11/2015 DIPLOMAT RESORT&SPA 189.00 327327 6/11/2015 EXTRAORDINARY PRODUCTIONS LLC 60.00 327328 6/11/2015 PAULA G COLLINS 191.55 Grand Total: 1,281,384.67 40 6 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1006696 6/5/2015 AT&T 3,905.98 1006697 6/5/2015 OFFICE DEPOT BSD CUSTOMER SVC 3,874.37 1006698 6/5/2015 COMCAST 117.75 1006699 6/5/2015 EVERGLADES FARM EQUIPMENT CO INC 716.44 1006700 6/5/2015 PARKS RENTAL&SALES INC 39.94 1006701 6/5/2015 COPYCO INC 139.95 1006702 6/5/2015 NORTH SOUTH SUPPLY INC 89.47 1006703 6/5/2015 HELENA CHEMICAL 902.20 1006704 6/5/2015 INDIAN RIVER BATTERY 441.40 1006705 6/5/2015 INDIAN RIVER OXYGEN INC 1,631.60 1006706 6/5/2015 MIKES GARAGE&WRECKER SERVICE INC 535.00 1006707 6/5/2015 SMITH BROTHERS CONTRACTING EQUIP 1,582.00 1006708 6/5/2015 MEEKS PLUMBING INC 615.90 1006709 6/5/2015 ST LUCIE BATTERY&TIRE CO 171.28 1006710 6/5/2015 MORNING STAR PERSONIL1ZED APPAREL INC 580.00 1006711 6/5/2015 ABCO GARAGE DOOR CO INC 828.82 1006712 6/5/2015 GROVE WELDERS INC 281.78 1006713 6/5/2015 SOUTHERN COMPUTER WAREHOUSE 480.94 1006714 6/5/2015 DEERE&COMPANY 2,356.59 1006715 6/5/2015 HD SUPPLY FACILITIES MAINTENANCE LTD 77.92 1006716 6/5/2015 GLOBAL GOLF SALES INC 74.29 1006717 6/5/2015 BARKER ELECTRIC,AIR CONDITIONING 138.99 1006718 6/5/2015 MIDWEST MOTOR SUPPLY CO 801.58 1006719 6/5/2015 RECHTIEN INTERNATIONAL TRUCKS 3,340.77 1006720 6/5/2015 FLAGLER CONSTRUCTION EQUIPMENT LLC 879.68 1006721 6/5/2015 SOUTHERN JANITOR SUPPLY INC 1,655.53 1006722 6/5/2015 METRO FIRE PROTECTION SERVICES INC 1,708.75 1006723 6/5/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 450.05 1006724 6/5/2015 BENNETT AUTO SUPPLY INC 190.48 1006725 6/5/2015 PROTRANSMASTERS II INC 689.15 1006726 6/5/2015 AUTO PARTNERS LLC 3,848.00 1006727 6/5/2015 S&S AUTO PARTS 450.09 1006728 6/5/2015 PACE ANALYTICAL SERVICES INC 306.00 1006729 6/5/2015 BERMUDA SANDS APPAREL LLC 539.63 1006730 6/5/2015 IMAGENET CONSULTING LLC 80.00 1006731 6/5/2015 SCRIPPS NP OPERATING LLC 208.56 1006732 6/10/2015 EVERGLADES FARM EQUIPMENT CO INC 82.08 1006733 6/10/2015 COMMUNICATIONS INTERNATIONAL 44.00 1006734 6/10/2015 COPYCO INC 49.81 1006735 6/10/2015 HELENA CHEMICAL 2,051.33 1006736 6/10/2015 COLD AIR DISTRIBUTORS WAREHOUSE 398.39 1006737 6/10/2015 INDIAN RIVER BATTERY 240.40 1006738 6/10/2015 MIKES GARAGE&WRECKER SERVICE INC 915.00 1006739 6/10/2015 ALLIED UNIVERSAL CORP 4,180.47 1006740 6/10/2015 IRRIGATION CONSULTANTS UNLIMITED INC 70.63 1006741 6/10/2015 GROVE WELDERS INC 326.30 1006742 6/10/2015 SOUTHERN COMPUTER WAREHOUSE 525.68 1006743 6/10/2015 DEERE&COMPANY 314.28 1006744 6/10/2015 COMMUNITY ASPHALT CORP 465.80 1006745 6/10/2015 GLOBAL GOLF SALES INC 246.22 1006746 6/10/2015 COMPLETE ELECTRIC INC 950.00 1006747 6/10/2015 RECHTIEN INTERNATIONAL TRUCKS 345.80 1006748 6/10/2015 POLYDYNE INC 2,507.00 1006749 6/10/2015 GRESSCO LTD 999.18 1006750 6/10/2015 SOUTHERN JANITOR SUPPLY INC 1,376.60 1006751 6/10/2015 COPYTRONICS INC 2,909.20 1006752 6/10/2015 CAPITAL OFFICE PRODUCTS 388.77 1006753 6/10/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 245.87 41 1 TRANS.NBR DATE VENDOR AMOUNT 1006754 6/10/2015 CUMMINS POWER SOUTH LLC 8,912.05 1006755 6/10/2015 BENNETTAUTO SUPPLY INC 957.45 1006756 6/10/2015 HYDRA SERVICE(S)INC 2,551.62 1006757 6/10/2015 PACE ANALYTICAL SERVICES INC 8,784.70 1006758 6/10/2015 BERMUDA SANDS APPAREL LLC 1,175.52 1006759 6/10/2015 EASY PICKER GOLF PRODUCTS INC 19.55 Grand Total: 76,764.58 42 2 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3624 6/4/2015 I R C HEALTH INSURANCE-TRUST 450,665.84 3625 6/5/2015 FL SDU 6,565.74 3626 6/5/2015 SUN LIFE FINANCIAL 16,367.36 3627 6/5/2015 IRC FIRE FIGHTERS ASSOC 5,850.00 3628 6/5/2015 NACO/SOUTHEAST 50,940.32 3629 6/5/2015 ICMA RETIREMENT CORPORATION 32,941.66 3630 6/5/2015 FLORIDA LEAGUE OF CITIES,INC 5,832.15 3631 6/5/2015 NACO/SOUTHEAST 615.51 3632 6/5/2015 B/C B/S OF FL ADM FEE 33,616.35 3633 6/5/2015 ICMA RETIREMENT CORPORATION 2,271.19 3634 6/5/2015 HEALTH ADVOCATE 1,110.45 3635 6/5/2015 INDIAN RIVER COUNTY SHERIFF 62,000.00 3636 6/5/2015 C E R SIGNATURE CLEANING 21,010.00 3637 6/5/2015 KIMLEY HORN&ASSOC INC 13,833.25 3638 6/5/2015 SENIOR RESOURCE ASSOCIATION 275,372.87 3639 6/5/2015 VETERANS COUNCIL OF I R C 6,511.35 3640 6/8/2015 1RS-PAYROLL TAXES 454,078.94 3641 6/9/2015 MUTUAL OF OMAHA 15,965.80 3642 6/10/2015 IRS-PAYROLL TAXES 16,396.97 Grand Total: 1,471,945.75 43 1 JEFFREY R. SMITH, CPA, CGFO, CGMA `"'MP,F. Clerk of Circuit Court&Comptroller �1%cO0•r rL. I Coo P.O.Box 1028 Vero Beach,FL 32961-1028 Telephone:(772)770-5185 ` +s 4, TO: Members of the Board of County Commit p'••ners FROM: Diane Bernardo, Finance Director ,( THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptrolle DATE: June 8, 2015 SUBJECT: Approval of Auditing Contract BACKGROUND The auditor selection committee met on April 8, 2015 and recommended the reappointment of Rehmann Robson as the outside auditing firm for the County. The Board approved the reappointment and authorization to proceed with contract negotiation at the April 21, 2015 Board meeting. Attached please find the contract for the audit period encompassing the fiscal years ending 2015 through 2017. This contract was written in accordance with the criteria outlined in our Request for Proposal (RFP). RECOMMENDATION Staff recommends that the Board of County Commissioners approve this contract for the reappointment of Rehmann Robson as the auditing firm for the next three fiscal years, with an option by the County for one two-year renewal. APPROVED AGENDA ITEM FOR: JAJ13. 2015 BY: �� � IndiaTriver A•;,,,r ve Date Administrator rawar/�nn Count Attorne iggrammus Bud•et De•artment 1111M11111111M Risk 44 INDEPENDENT AUDITING SERVICES AGREEMENT This Independent Auditing Services Agreement ("Agreement") is entered into this 23rd day of June, 2015, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County") and Rehmann Robson, LLC, a Michigan limited liability company, having a principal place of business at 5070 N. Highway A1A, Suite 250, Vero Beach, FL 32963 ("Auditor"). BACKGROUND RECITALS A. Pursuant to Florida Statutes section 218.391, as amended by Chapter 2005-32, effective July 1, 2005, the County issued a Request for Proposals for independent auditing services. B. Pursuant to applicable Florida law and the Request for Proposals, the County's duly- constituted Auditor Selection Committee received proposals and ranked the firms that responded to the Request for Proposals based on the evaluative criteria set forth in the Request for Proposals. C. The Auditor was the highest ranked respondent to the Request for Proposals and on April 21, 2015, the County approved the Auditor Selection Committee recommendation to appoint Auditor to provide the independent auditing services set forth in the Request for Proposals and this Agreement. D. Auditor is willing and able to perform the services as set forth in this Agreement on the terms and conditions set forth below. E. The County and the Auditor wish to enter into this Agreement for the independent auditing services as set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: 1. DESCRIPTION OF COUNTY RECORDS TO BE AUDITED. The records of the County that will be audited by Auditor, pursuant to this Agreement, are as set forth in Exhibit "A" attached hereto and incorporated herein by this reference in its entirety. 2. SCOPE OF INDEPENDENT AUDITING SERVICES. The scope of independent audit services provided under this Agreement shall be in accordance with the provisions of Florida Statutes and the Rules of the Auditor General, as may be amended from time to time, and more specifically set forth in Exhibit "B" attached hereto and incorporated herein by this reference in its entirety ("Services"). The Services are to be performed in accordance with generally accepted auditing standards in addition to the following: 1) Section 11.45, Florida Statutes; 2) Regulations of the Florida Department of Financial Services; 3) Rules of the Auditor General (Chapter 10.550, Local Government Entity Audits); 4) Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, published by the Comptroller General of the United States; 5) U.S. Office of Management and Budget, Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations; and 6) any 1 45 other applicable federal, state and local laws or regulations. Auditor agrees that each audit prepared under this Agreement shall conform to the requirements set forth herein. The County is progressive in its attitude toward new accounting standards, and early implementation is practiced when recommended. 3. AUDIT RESPONSIBILITIES. 3.1. The "Audit Approach and Work Plan," consisting of pages 17 through 22 of the Auditor's Proposal for Independent Auditing Services, and the "Detailed Audit Approach" consisting of 10 pages in the Appendix section of same proposal, all set forth in Exhibit "C" attached hereto and incorporated herein by this reference in their entirety, set forth the framework under which the Services will be performed under this Agreement. 3.2. The County has received the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting for the 1983 through 2013 Comprehensive Annual Financial Reports ("CAFR"). The CAFR for each of the fiscal years covered by this Agreement will be submitted for consideration for such Certificate. Auditor shall provide technical assistance to help the County meet the requirements to attain such Certificate. 3.3. Auditor acknowledges and agrees that it possesses the ability to store all working papers and reports at the Auditor's expense for a minimum of five years, unless Auditor is notified by the County to extend the retention period. The Auditor will be required to make working papers available, upon request, to the following parties or their designees: the County; U.S. Department of Housing and Urban Development; General Accounting Office; parties to an audit quality review process; and auditors of entities of which the County is a recipient of grant funds. In addition, Auditor shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers. 3.4. Auditor agrees to comply with all applicable Federal, State, and local laws and regulations applicable to the furnishing of the Services set forth in this Agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. 4. ADDITIONAL SERVICES. It is the intent of the County that future additional audit requirements, imposed on the County by applicable national and state agencies, shall be provided by the Auditor under this Agreement and included in the negotiated compensation in this Agreement. The Auditor acknowledges and agrees that any future additional audit requirements, imposed on the County by applicable national and state agencies, are included within the negotiated compensation set forth in this Agreement. 5. AUDITOR AUDIT TEAM. The Auditor shall assign members of its staff, as identified in the "Your Engagement Team" section consisting of pages 5 through and including 6 of the Auditor's Proposal for Independent Auditing Services, attached hereto as Exhibit "C" and incorporated herein by this reference in its entirety ("Auditor Audit Team"). The Auditor agrees that the County shall have the right to approve the Auditor's Audit Team, and that the Auditor shall not change any manager of its Auditor's Audit Team without prior written notice to the County. Furthermore, if any manager of the Auditor's Audit Team is removed from providing Services under this Agreement, or employment is otherwise terminated or curtailed by the Auditor, or if any manager of the Auditor's Audit Team terminates employment with 2 46 the Auditor, then the Auditor shall promptly replace its Auditor's Audit Team manager with a person of comparable experience and expertise, who shall also be subject to the County's approval. The County acknowledges and agrees that its approval shall not be unreasonably withheld. 6. TERM; TERMINATION. 6.1. This Agreement shall remain in effect for a term of three (3) years, or five (5) years if the optional two-year renewal is exercised, subject to sooner termination as provided herein. The Auditor acknowledges and agrees that the completion of the audit for the County's 2014- 2015 fiscal year is specifically included with the term of this Agreement, subject to sooner termination as provided herein. 6.2. This Agreement may be terminated: (a) by the County, for any reason, upon at least ninety (90) days' prior written notice to the Auditor; or (b) by the Auditor, for any reason, upon at least ninety (90) days' prior written notice to the County; or (c) by the mutual agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 6.3. In the event of termination by the County, the County's sole obligation to the Auditor shall be payment for those portions of satisfactorily completed work under this Agreement. Such payment shall be determined on the basis of the hours of work performed by the Auditor, or the percentage of work completed as estimated by the Auditor and agreed upon by the County up to the time of termination. In the event of such termination, the County may, without penalty or other obligation to the Auditor, elect to employ other persons to perform the same or similar services. 6.4. The obligation to provide Services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 6.5. In the event that the Auditor merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the County reserves the right to terminate this Agreement in accordance with its terms under item 6.2. 6.6. In the event of termination of this Agreement, the Auditor agrees to provide copies of any and all documents prepared by the Auditor for the County in connection with this Agreement. 7. COMPENSATION. 7.1. The County shall pay to the Auditor a mutually agreed upon not-to-exceed annual professional fee of $179,850 (One Hundred and Seventy-nine Thousand Eight Hundred and Fifty Dollars) for each year of the three-year term of this Agreement, payable as follows in each calendar year: October $40,000; November $36,000; December $40,000; January $36,000; February $9,865; and $17,985 upon completion of the audit. If the contract is renewed for the additional 2 year period, the County shall pay to the Auditor $185,000 (One 3 47 Hundred and Eighty-five Thousand Dollars) for each year of the two-year renewal term. Payments will follow the same schedule as noted above with the exception that $23,135 will be paid at completion of the audit. 7.2. Proper Invoices, phased as set forth herein, shall be submitted to the County's Finance Department in detail sufficient for proper prepayment and post payment audit. All payments for services shall be made to the Auditor by the County in accordance with the Local Government Prompt Payment Act, Section 218.70, Florida Statutes, et seq., attached hereto and incorporated herein by this reference in its entirety. 8. INSURANCE. 8.1. The Auditor shall not commence to perform the Services under this Agreement until it has obtained all the insurance required under this Agreement, and such certificates of insurance have been approved by the County's Risk Manager. A certificate of insurance shall be provided to the County's Risk Manager for review and approval ten (10) days prior to commencement of any work under this Agreement. The insurance company must have a rating by A.M. Best Company of at least A: V. Such certificates of insurance or an endorsement provided by the Auditor must state that the County will be given thirty (30) days prior written notice prior to cancellation or material change in coverage. The County shall be named as an additional insured on all policies except workers' compensation. 8.2 Auditor shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the Auditor's fee: 8.2.1. Workers' compensation to meet statutory limits in the State of Florida and Employer's Liability with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). 8.2.2. Commercial General Liability with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. This is to include premises/operations, products/completed operations, contractual liability and independent contractors coverage. 8.2.3. Business Auto Liability with a minimum combined single limit of $300,000 per occurrence for bodily injury and property damage. This is to include owned, hired, and non- owned autos. 8.2.4. Professional liability with a minimum limit of$1,000,000 per occurrence. 8.3. The County is to be an additional insured on the commercial general liability and business liability policies. The County will be given 30 days notice prior to cancellation or modification of any insurance. Such notification shall be in writing by registered mail, return receipt requested and addressed to the Risk Manager. It is the responsibility of the contractor to insure that all subcontractors comply with all insurance requirements. 8.4. The County, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required 4 48 hereunder, from time to time throughout the term of this Agreement. In such event, the County shall provide the Auditor with separate written notice of such adjusted limits and Auditor shall comply within thirty (30) days of receipt thereof. The failure by Auditor to provide such additional coverage shall constitute a default by Auditor and shall be grounds for termination of this Agreement by the County. 9. INDEPENDENT CONTRACTOR. It is specifically acknowledged and agreed by the parties hereto that the Auditor is and shall be, in the performance of all Services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the County. All persons engaged in any of the Services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Auditor's sole direction, supervision, and control, The Auditor shall exercise control over the means and manner in which Auditor and its employees perform the Services, and in all respects the Auditor's relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of the Agreement and not as employees, agents, or servants of the County. 10. MERGER; MODIFICATION. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Auditor and the County. 11. GOVERNING LAW; VENUE. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 12. REMEDIES; NO WAIVER. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to do so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 13. SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the 5 49 remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 14. AVAILABILITY OF FUNDS. The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 15. NO PLEDGE OF CREDIT. The Auditor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 16. PUBLIC RECORDS. The County is a public agency subject to Chapter 119, Florida Statutes. Auditor shall comply with Florida's Public Records Law. Specifically, Auditor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Auditor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Auditor to comply with these requirements shall be a material breach of this Agreement. 17. NOTICES. Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County : Indian River County Attn: Diane Bernardo, Finance Director, Project Manager 1801 27th Street, Vero Beach, FL 32960-3365 Phone: (772) 226-1205; Facsimile: (772) 770-5331 Auditor: Rehmann Robson, LLC Attn: Robert R. Harris, Principal 5070 N. Highway A1A 6 50 Vero Beach, FL 32963 Phone: (772) 234-8484, Facsimile: (772) 234-8488 Notices shall be effective when received at the address as specified above. Email transmission is acceptable notice effective when received, provided, however, that email transmissions received after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 18. SURVIVAL. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Auditor shall survive the termination or expiration of this Agreement. 19. INDEMNIFICATION. Auditor agrees to indemnify and hold harmless County, together with its agents, engineers, employees, officers, elected officials and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by a breach of this Agreement or the negligence, recklessness or intentional wrongful misconduct of the Auditor and persons employed or utilized by the Auditor in the performance of the Services under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. 20. CONSTRUCTION. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 21. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 22. GENERAL. The Background Recitals are true and correct and form a material part of this Agreement. IN WITNESS WHEREOF, the County and the Auditor have caused this Agreement to be executed in their respective names as of the date first set forth above. Auditor: INDIAN RIVER COUNTY Rehmann Robson, LLC Board of County Commissioners (sign) By Printed name: Wesley Davis, Chairman 7 51 Witness: Attest: Jeffrey R. Smith, Clerk (sign) By Deputy Clerk Printed name: Approved by BCC: Approved: By Joseph A. Baird County Administrator Approved as to form and legal sufficiency: By County Attorney 8 52 EXHIBIT A Description of Indian River County and Records to be Audited 1) Indian River County encompasses approximately 497 square miles of land with an estimated population of 140,955. It is located on the east coast of Florida, approximately 135 miles north of Miami and 100 miles east-southeast of Orlando. The City of Vero Beach is the County seat. 2) For reporting purposes, the Comprehensive Annual Financial Report will include the Board of County Commissioners, the Clerk of the Circuit Court, the Property Appraiser, the Sheriff, the Supervisor of Elections, and the Tax Collector. Also included in the financial statements are two blended component units, the Solid Waste Disposal District and the Emergency Services District. 3) Accounting records for the Board of County Commissioners, including the Solid Waste Disposal District and the Emergency Services District, are maintained by the Clerk of the Circuit Court's Finance Department. The Board's records include a general fund, 28 special revenue funds (28 reporting funds, rolled from 49 individual funds), 2 debt service funds, 1 capital projects funds, 4 enterprise funds, 3 internal service funds, 1 agency fund, an OPEB Trust fund, a general fixed assets account group, and a general long-term debt account group. The FY 2014 total operating and capital budget for the Board is approximately $181.6 million. Enterprise funds are used to account for the County's Golf Course, Building Department, Water and Sewer Systems, and the Solid Waste Disposal District. 4) Accounting records for the Clerk of the Circuit Court are maintained by the Clerk's staff. The Clerk's records include a general fund, 4 special revenue funds, 8 agency funds, and a general long-term debt account group. The total FY 2014 budget for the Clerk is approximately $6.1 million. 5) Accounting records for the Property Appraiser are maintained by the Property Appraiser's staff. The Property Appraiser's records include a general fund, and a general long-term debt account group. The total FY 2014 budget for the Property Appraiser is approximately $3.1 million. 6) Accounting records for the Sheriff are maintained by the Sheriffs staff. The Sheriffs records include a general fund, special revenue funds, agency funds, a general fixed assets account group, and a general long-term debt account group. The total FY 2014 budget for the Sheriff is approximately $39.6 million. 7) Accounting records for the Supervisor of Elections are maintained by the Supervisor's staff. The Supervisor's records include a general fund, a special revenue fund, and a general long-term debt account group with a FY 2014 budget of approximately $1.1 million. 8) The Tax Collector's staff maintains accounting records for the Tax Collector. The Tax Collector's records include a general fund, agency funds, and a general long-term debt account group. The total FY 2014 budget for the Tax Collector is approximately $3.4 million. 1 53 9) All accounting records are maintained on a GAAP basis. 10) Budgets are integrated with the accounting records. 2 54 EXHIBIT B Services Required 1) An audit and an opinion on the basic financial statements for the County and for the Board and for each Constitutional Officer. Financial statements are to be prepared in accordance with all applicable GASB requirements. 2) The audit is to be done in accordance with the requirements contained in the Introduction section of the Request For Proposal for Independent Auditing Services (page 2). 3) Review and make recommendations for required note disclosures for the County's Comprehensive Annual Financial Report. 4) Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue the following reports for the County and each individual constitutional officer: a. An independent auditors' report. b. A report on internal control over financial reporting and compliance. c. Reports on compliance with specific requirements applicable to federal and state financial assistance programs. d. The auditor shall communicate in a letter to management any reportable conditions found during the audit. f. Other reports as required by law or other governing bodies. 5) Special Reports for the County: a. Schedule of Activity Landfill Management Escrow Account as prepared in accordance with Rules 62-701.630(5) and 62-701.730(11), Florida Administrative Code. b. Data Collection Form to the Federal Audit Clearinghouse (SF-SAC) as required by OMB Circular A-133. c. Review of Annual Financial Report due to Department of Financial Services. d. Statement of County Funded Court-Related Functions as required by 29.008 Florida Statutes. e. Statement of compliance for budget and performance measures as required by 28.35 and 28.36 Florida Statutes. f. Other compliance reports as required by the State or regulatory organizations. 6) Assistance in providing guidance and implementing changes in governmental accounting standards. 7) If the County issues debt, for which the official statement in connection with the debt contains basic financial statements and the independent auditors' report, the firm shall be required to issue a "consent and citation of expertise" as auditor and any necessary "comfort letters" at no additional cost to the County. 1 55 8) Irregularities and illegal acts. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts to the Clerk of the Circuit Court and the County Administrator. 2 56 EXHIBIT C Consist of 18 pages from the PROPOSAL FOR INDEPENDENT AUDITING SERVICES. 3 57 TA.6 3 : Yovir eh9c3eievieh1 teA h . Clerk of Court Sheriff Supervisor of Board of County Property Tax Collector Elections Commissioners Appraiser —� Ross Cotherman Robert R.Harris,Client Stephen Blann Engagement Principal Service Principal Engagement Quality Control Principal Christine Horrocks Audit Manager Fran Griffin Aimee Markford Ana Gorospe Audit Associate Audit Associate Audit Associate Robert R.Harris,CPA,will serve as your Client Service Principal. Robert will be responsible for the overall audit experience,ensuring the requirements set forth in your RFP are met. He will ask for feedback on the quality of our service and about your experience as a Rehmann client to ensure we are doing all that we can to exceed your expectations. P.Ross Cotherman,II,CPA,will serve as your Engagement Principal. Ross will be integrally involved in planning and overseeing your audit and ensuring that we meet the County's needs. He will be in regular communication with County management and direct the efforts of the entire engagement team. Stephen Blann,CPA,will serve as your Engagement Quality Control Principal. He will conduct a technical review of the audited financial statements and provide additional support as needed. Christine Horrocks,CPA,will serve as your Audit Manager. She will plan and direct the entire engagement,communicate directly with the Finance Director and Assistant Finance Director on day-to- day issues, supervise staff,and coordinate the production of the various reports and letters provided in connection with the audit. Fran Griffin,Aimee Markford,CPA and Ana Gorospe will serve as your Audit Associates. They will be performing the audit testing and work under the direction of the Audit Manager. P4.9e 5 "4 Fkehmann 58 State and Federal Grant Programs Our trained staff is well versed with all applicable Federal laws,regulations and OMB Circulars, as well as with the funding sources of your programs. Last year nearly 70% of the revenue from our governmental and not-for-profit industry included single audits. We can help you discharge your obligations under federal and state audit guides, such as those issued by the Single Audit Act and OMB Circular No. A-133, providing guidance to ensure systems are in place to support new programs and future program growth. We can also help you develop relevant information by reporting unit and understand specific program documentation and reporting requirements. Staffing Continuity Our approach is to assign the same staff to continuing engagements each year, whenever possible. Promotions, new responsibilities,and circumstances beyond our control may necessitate the substitution of certain staff accountants with associates of comparable experience over the course of a contract. However,we will not change our engagement executives without prior approval from the County. As long as the same staff members are part of the Rehmann team,at least 50% of the staff performing the current year audit will participate in the following year's audit. Continuing Professional Education To maintain our competitive edge and to stay ahead of the curve on technical quality,we place significant emphasis on continuing professional education with appropriate focus on industry specialization and relative responsibility levels. We readily exceed the state and GAO's biennial CPE hour requirements through a variety of external and internal programs. External programs(as attendees and speakers) • FGFOA annual spring and fall governmental auditing and accounting updates- usually attended by a range of staff at all levels • Annual GFOA national conference(in June) - usually attended by two or three executives • Annual GFOA teleconference (in November) - usually attended by all seniors and above Internal programs • Rehmann sponsors multiple training opportunities each year through its involvement with the Association of Government Accountants (AGA), approximately 40 hours per year. • Annual governmental technical updates,held in June and December,are mandatory for all industry group members. • Annual audit and assurance service training provides updates on auditing standards with an emphasis on engagement planning,risk assessment, and analytical review techniques. Held in the summer,the training includes governmental breakouts with separate programs for beginning, intermediate and advanced staff. • Quarterly webinars provide the latest developments in accounting,auditing, and financial reporting standards. Rehmann also participates in other governmental industry groups as both speakers and attendees through a variety of state and national associations and industry groups. Pa.ye 6 NFkehmann pvS/�./SS wl5.1C•^ 59 T06 5 : ANd i-e p proac6 hd work pl�h . Audit Work Plan We will complete our work in four inter-related phases: (1) planning and risk assessment, (2) primary fieldwork and testing, (3) financial statement review, and (4) conclusion and issuance procedures. A brief overview of our audit approach is provided below. Please see a detailed audit approach in the appendix. Phase 1:Planning/Risk Assessment Prior to the inception of the audit field work,we will meet with the associates in your offices to review the logistics of the audit. We will schedule the dates of on-site fieldwork; obtain file documents such as the County's budget, organizational chart,policies and procedural manuals; arrange for downloads from your computer systems; document internal controls over financial reporting and compliance,and review the materials you typically provide to the Firm. Once the County is ready and has available a reasonably-adjusted trial balance,we will complete the planning process. Our engagement executives will analytically review the top level fund financial information, and document our assessment of audit risk by area. We will use this information to tailor our standard governmental audit programs to correlate with our risk assessment of the County's accounting and financial processing environment. Phase 2:Primary Fieldwork/Testing Working from the reasonably-adjusted trial balance used to complete our planning procedures,we will begin our year-end fieldwork. Our lead schedules and audit workpapers will be created based on the County's financial statement framework. This allows us to conduct our audit at the same level of detail on which our opinions will be expressed, and enhances the efficiency of the entire process. Each audit area will be tested using the audit programs tailored in Phase 1 through a combination of analytical, substantive and sampling procedures. We will update any existing accounting policies and/or procedures manuals to gain a current understanding of the operating environment and internal control structure. 7 e4kviAr,r, Avid rY Process Once we have an understanding of internal controls and have identified the key controls,we will select a small sample of actual transactions and "walk through" each of the key controls to determine if the controls have been implemented and 1 documented appropriately. The typical areas for which walkthroughs are performed are: cash disbursements, cash receipts, payroll,and general journal entries,though other areas may also be tested at this time. -.r PP /7 NRehmann 60 Using the reasonably adjusted trial balance, the audit team will test the appropriateness of major funds. Materiality will then be calculated by opinion unit. Our substantive tests generally require the audit team to test all individually significant items and, depending on the remaining untested balance, may require sampling the remaining population. As the year-end fieldwork procedures are completed,we will review the workpapers,quality control documents, and checklists as part of our internal system of quality control. All comments and issues generated by these reviews will be resolved in the field. ■ Statistical Sampling. We anticipate the use of sampling during our audit of the County. The extent to which we use sampling will depend on the County's activity level and our professional judgment. Typically,we use sampling to test accounts with numerous,small balances when it is not practical or cost-efficient to examine 100% of the details of the account. There are two general approaches to audit sampling:non-statistical and statistical. Both approaches require that the auditor use professional judgment in planning, performing and evaluation of a sample. The typical sample size will range from 10 to 80 transactions based on the method used. • Analytical Review. Using the current and prior years'trial balances and the final amended budget,we will perform analytical procedures at the financial statement level. In general,we consider an income statement line item to be reasonable and consistent if it is within either 10 percent of the prior year actual or current year budget. Any financial statement line items with fluctuations outside of these parameters will be selected for additional procedures.We will review fluctuations at a greater level of detail (by general ledger account) and have discussions with management to identify and document the reasons for the change. At times,this process will identify errors or inconsistencies in posting of transactions, or accruals that still need to be posted (or reversed from the prior year). Based on our preliminary analytical review, certain income statement accounts may be selected for substantive testing because of their significance and/or ease of testing.Common substantive tests over income statement accounts are described later in this detailed audit approach. • Gaining and Documenting an Understanding of Internal Controls.A questionnaire will be provided that describes various typical control activities by transaction class (i.e., cash,accounts receivable,long-term debt,etc.).We will ask you to answer these questions and provide us with any additional information that may be helpful to us in understanding the internal control structure. Based on the responses to these questions,we will determine the 2-3 "key controls" over each transaction type. • Laws and Regulations.We will obtain an understanding of the entity and its environment, including an understanding of its legal and regulatory framework,to determine which laws and regulations should be tested for compliance. This will be done through inquiries of management, review of changes to Florida statues,and rules of the Florida Auditor General. Once we gain our understanding of the laws and regulations affecting the County ,we will select sample transaction for compliance with those laws and regulations. Typical compliance areas include,but are not limited to,travel,budgeting,bond covenants, financial condition assessment,litigation,the State of Florida Auditor General requirements and the annual financial report. Paje /8 PaFkehmann 61 Phase 3: Financial Statement Review Once the financial statements and related notes have been compiled, they will be processed through our Technical Standards Review (TSR). Draft financial statements are given a detailed review by the audit manager. Then the financial statements and other reports are reviewed for format,presentation and compliance with all applicable professional guidance and technical pronouncements by the engagement principal and quality control principal. Through the TSR process,we are able to assure our clients that their financial statements have been subjected to the most stringent review of technical compliance and reporting excellence available. In most cases, the first level of this process is completed while we are still in the field,which allows for complete drafts (including any related audit findings and recommendations)to be reviewed with management before the audit team leaves the field,when information is still fresh and any issues are easily resolved. Phase 4:Conclusion/Issuance Procedures Our conclusion and issuance procedures vary, but may include following up on outstanding confirmations,reviewing the minutes of board meetings held subsequent to our fieldwork,and obtaining written representations from management concerning the completeness and fair presentation of the financial statements. Once complete,we will produce final PDF versions of the financial statements and related reports,and provide them to you via email. Quality Control In order to ensure that all our engagements meet our high quality standards,we have implemented a firm-wide system of quality control,or Technical Standards Review. The significant components of this system,as they relate to your audit,are as follows: • All workpapers and audit programs are reviewed by the associates' immediate supervisors, and ultimately,the engagement principal. • Draft financial statements and other reports are given a detailed review by an associate not connected with their preparation. • Finally,the financial statements and other reports are reviewed for format,presentation,and compliance with all applicable professional guidance and technical pronouncements by the engagement principal and two top-level executives independent of the engagement team. P”,e /9 Rkehmann 62 Detailed Audit Approach - Single Audit in Accordance with OMB Circular A-133 Each audit engagement is unique and requires different procedures to meet the specific circumstances. However,the following broad approach is followed for most of our Single Audits. These procedures are generally performed concurrently with the financial statement audit and the reports are issued on the same date. However,this work can be performed at a separate time if requested by management. The following procedures describe our general approach in performing a single audit: Testing of Schedule of Expenditures of Federal Awards and State Financial Assistance and Understanding Internal Controls -Our first step in performing a single audit is obtaining a complete schedule of expenditures of federal awards and state financial assistance from management. While the auditors may assist in the compiling and formatting the schedule,the responsibility of identifying Federal awards and providing information on the Catalog of Federal Domestic Assistance (CFDA) and Catalog of State Financial Assistance (CSFA) numbers,grant/pass-through award number, pass- through agencies,and current year expenditures is the responsibility of management. We will request that a complete schedule be provided before commencement of the single audit procedures. Effective Use of Technology and Auditing Software We recognize that in order to provide maximum value to our clients,audit efficiency is of utmost importance. We are nationally recognized for innovative use of technology in the audit process and have developed a proprietary system for preparing financial statements and workpapers to maximize the benefits of technology. In fact, your concurring principal, Stephen Blann,has served in various roles within the Firm related to technology services, including Technology Champion, Governmental Accounting and Assurance Group;Member of the Information Technology Steering Committee and Technology Utilization Committee; and firm trainer. He is an expert in electronic data extraction and analysis,as well as custom application programming. In addition,Rehmann has established an Enterprise Risk Management("ERM") division dedicated to internal controls and security in the EDP area. We use technology every day to improve profitability,efficiency, and the level of service provided for our clients. We continuously invest in technology purchases, implementation,and the training of all employees. Our clients benefit from the efficiencies gained in the audit process through the use of this technology. Determine Major Programs and Perform Controls/Compliance Testing — A single audit involves detail testing of individual programs (or clusters of programs) which are selected by the auditors using various criterion. Some of the factors are subjective and others have very little flexibility. For example, programs of a certain size must be tested at least every third year. The audit team will select major programs based on the criteria listed in OMB Circular A-133 and their risk assessment process. Programs/clusters selected as major will be communicated to management as soon as they are determined and a detailed request list will be provided. Report preparation and audit finalization —After all the detail testing is completed and related inquiries have been made, the auditors will identify whether any noncompliance or control deficiencies were noted. These instances will be evaluated for magnitude and materiality and an initial determination of method of communication will be made. Peje 20 Rebmann 63 Anticipated Problems Based on our understanding of current facts and circumstances,and our understanding of pending or potential changes in generally accepted accounting principles and auditing standards,there are no anticipated potential problems of which we are aware. However, if any unanticipated problems are encountered during the engagement, we will be proactive in bringing any such matters to your attention and finding a mutually acceptable solution. We also ask that you be honest and forthright in communicating any problems you have with us or any particular person at the earliest possible date. We care very deeply about our clients and their success,and so we will do whatever is reasonably necessary to rectify any problems. Technical Issue and Technical Disagreement Resolution Rehmann has both informal and formal paths for resolving technical issues and disagreements that may impact a client. The Client Service Principal,who leads each service team, is responsible for identifying the appropriate experience needed to provide effective service. When a technical issue or disagreement requires additional consultation, the principal has two courses of action. First,our flexible, internal communication system enables principals to leverage the individual knowledge found throughout the Firm's offices. Through various mediums such as e-mail,our paperless document management system, and the Firm's intranet,professionals have easy access to subject matter experts with relevant industry or practice area experience. Should an extreme technical matter arise that requires a more formal consultation or dispute resolution, the Firm has established executive committees. These executive committees provide direction on emerging assurance and audit issues. The committees are flexible, allowing for immediate access,and the individuals who serve on these committees are considered the Firm's definitive experts. In fact, many committee members are recognized speakers or serve on related committees for state and national industry groups such as the American Institute of Certified Public Accountants,Florida Institute of Certified Public Accountants. In situations of dispute resolutions, any member of the engagement team who disagrees with the final resolution has the right to document their disagreement in the workpapers. Our Firm practices personal and responsive communication with our clients. No one in our Firm will / dictate"from afar" problem resolutions without our C clients having an opportunity to meet and carry on a r dialogue face to face. Paye 2/ Nfkehmann Bvdr!,ve,.c. 64 Segmentation of the Engagement Our anticipated schedule of audit milestone dates is intended to comply with your filing date. An initial estimate of such dates is as follows: Planning,risk assessment,and interim August- September procedures Primary fieldwork and testing November—January Financial statement review January—February Conclusion and issuance February—March 2 Hours by Level of Staff- Financial Statement Audit Partners Manager Staff Total Planning and risk assessment 100 150 350 600 Primary fieldwork and testing 40 60 650 750 Financial statement 20 70 120 210 Conclusion and issuance 90 100 130 320 250 380 1.250 Peje 22 � Ftehmann 65 PetAiled ApproAc41 Each audit engagement is unique and requires different procedures to meet specific circumstances. However,the following broad approach is followed for most of our audits. While certain steps may occur in different order than presented below,a typical County audit would consist of the following audit procedures: Phase 1:Planning/Risk Assessment Pre-engagement—Certain audit procedures and inquiries are completed prior to the commencement of audit fieldwork. This ensures that we have a complete understanding of the entity,agreement on the extent of procedures to be performed, and an anticipated timeline for completion. Procedure Descri.tion _ Planning meeting Members of the audit team will meet with the key contacts at the County. All parties will set dates for the milestones of the audit: • Preliminary fieldwork(if requested) • Availability of reasonably adjusted trial balance • Primary fieldwork • Interim audit status meetings(for larger engagements) • Draft reports/exit conference • Final reports By agreeing to these dates up front, we are able to schedule the right people to have availability at the right time. During this meeting,both the County and the auditors will clarify expectations: • Requested downloads • Client-provided workpapers (content, format, timing, etc.) • Communication methods (phone vs. e-mail,etc.)and direction(all requests through the primary contact vs. inquiring directly of the employee responsible) Engagement letter The engagement letter will serve as the contract between the auditorsand the County and will be sent each year. This letter contains information on the scope of the audit and the related fees. We ask that the County return a signed copy of the letter to us prior to the commencement of primary audit fieldwork. Communication with other If the County has any funds or component units audited by other auditors CPA firms,we need to make certain inquiries of these firms regarding their understanding of our reliance on their separately- issued report(s) and the auditing standards they plan to follow. This process requires minimal assistance from the County and is deemed to remain in effect unless the audit firm changes. 66 Phase 2:Primary Fieldwork/Testing Planning/Risk Assessment—In order to design our auditing procedures according to your unique operating environment,we will use various methods to gain an understanding of processes and internal controls. We will use the results of these inquiries and tests to assess risks and to further tailor our governmental audit programs. Our standard planning/risk assessment procedures might include these tests: Procedure Description Document financial systems We will obtain any existing accounting policies and/or procedures manuals to gain and understanding of the operating environment. If no such materials are available,we have a form of basic questions that will guide you through the process of documenting your actual practices. Review control activities A questionnaire will be provided that describes various typical control activities by transaction class (i.e., cash,accounts receivable,long-term debt, etc.).We will ask you to answer these questions and provide us with any additional information that may be helpful to us in understanding the internal control structure. Based on the responses to these questions,we will determine the 2-3"key controls" over each transaction type. Walkthroughs Once we have an understanding of internal controls and have identified the key controls,we will select a small sample of actual transactions and"walk through" each of the key controls to determine if the controls have been implemented and documented appropriately.The typical areas for which walkthroughs are performed are: cash disbursements,cash receipts, payroll,and general journal entries,though other areas may also be tested at this time. Establish materiality and major Using the reasonably adjusted trial balance;the audit team will funds test the appropriateness of major funds. Materiality will then be calculated by opinion unit. Our substantive tests generally require the audit team to test all individually significant items and, depending on the remaining untested balance, may require sampling the remaining population. Review of board minutes In addition to discussing major activities in the year under audit with management(such as issuance of long-term debt,large capital-related purchases,new programs or services,etc.),we will. review minutes from meetings of the Board and any committees. This will allow us to identify significant or unusual events or purchases and revise our planning audit procedures accordingly. 67 Analytical review Using the current and prior years'trial balances and the final amended budget, we will perform analytical procedures at the financial statement level. In general,we consider an income statement line item to be reasonable and consistent if it is within either 10 percent of the prior year actual or current year budget. Any financial statement line items with fluctuations outside of these parameters will be selected for additional procedures. We will review fluctuations at a greater level of detail (by general ledger account)and have discussions with management to identify and document the reasons for the change. At times, this process will identify errors or inconsistencies in posting of transactions,or accruals that still need to be posted(or reversed from the prior year). Based on our preliminary analytical review,certain income statement accounts may be selected for substantive testing because of their significance and/or ease of testing. Common substantive ' tests over income statement accounts are described later in this appendix. Risk assessment and At various times through the year,Rehmann's governmental audit brainstorming group will meet to discuss risks that are common to Florida governments. The audit team will review the notes from these meetings at the beginning of the County's audit to determine which of these risk factors might be applicable. The team will then use,the information provided in the previous steps to identify additional risks and design audit procedures to address such risks. 'I Our government-specific audit programs will be tailored to reflect the planned audit procedures. Consideration of fraud In accordance with Statement on Auditing Standards No. 99: Consideration of Fraud in a Financial Statement Audit,we will make certain inquiries of personnel in various departments and positions to obtain their views,about the risks of fraud and how they are addressed. These inquiries are made in the form of written questionnaires which are provided to selected individuals and returned directly to us when completed. In addition,each year the audit team will conduct 2-4 "surprise" procedures that are outside the scope of the typical audit. The use of these unpredictability tests is a requirement of SAS 99. These tests are generally relatively simple and address various internal control,financial statement presentation, and compliance issues. Review of attorney invoices We will discuss any pending or anticipated'litigation with upper management and inside counsel and review invoices for attorney services.If items are identified that may require accrual and/or disclosure in the financial statements,we may request written responses to certain inquiries from your attorneys.A pre-drafted letter to send to the attorney will be provided to management for preparation of inquiries,if deemed necessary. 68 Substantive Audit Procedures—In general, our approach to this audit will be "balance sheet oriented." This means that we will first focus our attention on testing the ending balances of the assets and liabilities of each opinion unit. This approach has two distinct advantages: (1) it places greater emphasis on identifying potential misstatements in accounts that could have a carry-over effect on later periods (unlike income statement accounts that reset each year), and (2) it can reduce risk of material misstatement over the aggregate income statement accounts to a level where a primarily analytical approach can be applied with an acceptable detection risk for potential misstatements. This results in a very efficient audit process, and allows us to provide a high level of assurance in fewer hours. Of course, certain income statement accounts may still be tested substantively because of their ease of testing and/or significance. Our auditors approach substantive balance sheet testing at the financial statement level (following our opinion)and not by individual trial balance accounts. Leadsheets are generated directly from the trial balance using grouping codes, and accounts are divided and subtotaled by opinion unit in order to easily determine whether appropriate testing has been completed. Each leadsheet contains both current and prior year balances to allow the auditors to quickly identify trends and expectations and document any significant fluctuations. Balance sheet accounts that have remained unchanged will be brought to the attention of management for inquiry and follow up. Initially, all individually significant or unusual items are selected for testing and the percent of coverage by opinion unit is calculated and evaluated for adequacy to support our opinion. If,based on our risk assessment,we consider it necessary to obtain additional audit coverage, the remaining untested balance is stratified and sampled following professional standards. With each test performed,the auditors include sufficient documentation to both comply with professional standards and to allow the audit executives to understand the procedures performed and related conclusions reached during their review process. Our entire audit process is facilitated electronically, using a paperless system. Accordingly, to the extent possible, we request that supporting schedules and documentation be provided to us in their native electronic format. The audit team will also come prepared with a high-speed scanner which will allow them to scan any hardcopy documents provided into the electronic audit file. The audit team will generally not require paper photocopies of supporting documents. After testing is completed and any important items have been scanned into the file,the originals will be returned intact. There are many advantages to a paperless system, or electronic audit file. As mentioned previously, the auditors will not require photocopies be made of supporting documentation. Workpapers and leadsheets can be updated and edited in the field without reprinting, and the auditors will have ready access to the prior year audit files in their entirety and can show you examples of what they are requesting. Throughout the year, if you contact the audit team with a question,they will have easy access to the audit files,regardless of whether they are in the office, at home,or at another client site. While not all inclusive, the following listing summarizes many of the standard substantive audit procedures that may be performed,along with the requested documentation: 69 Audit Area Substantive Test Cash and investments — Send bank confirmation forms(completed by management)or initiate electronic confirmations to respective financial institutions,compare confirmed balances to bank statements, and investigate discrepancies. - Consider compliance of investments in accordance with State statute and the government's investment policy. - Agree book balances to a trial balance account(or group of accounts for pooled cash systems). — Test bank reconciliations by tracing deposits in transit and outstanding checks to the subsequent period statement. Trace inter-bank transfers in transit between account reconciliations. � Identify outdated or unusual reconciling items. — Consider the appropriateness of accrued interest on certificates of deposit and investments. - Calculate Federal Depository Insurance Coverage(FDIC). Receivables — Obtain subledgers for significant account balances. Select items for detail testing and obtain subsequent receipt noting whether the amount was earned prior to year end and received in the next period. — Consider whether any receivables in governmental funds are collected outside of the period of availability (as it is defined by the government)and should be deferred in the fund financial statements. - Trace grant receivables to financial status reports,subsequent receipts,and/or determine whether the recorded receivable is equal to grant expenditures,less actual cash receipts. - Trace special assessments receivable to signed special assessment rolls. Perform a rollforward of special assessments by taking the prior year receivable,subtracting special assessment revenue from the trial balance or financial statements,adding new assessments levied,and comparing the result to the amount of the current receivable: Inventory Compare detailed listings of items, individual cost, and extended cost to the general ledger control accounts. — Inquire about obsolete inventory. Prepaids` — Determine the nature of prepaid items in each general ledger account. Recalculate prepaid balance using invoices and check vouchers and determine whether the amount was paid prior to year-end. 70 Capital assets — Obtain rollforwards of capital asset activity. Agree beginning balances to prior year audited amounts and ending balances to general ledger control accounts. - Obtain a detailed listing of additions and agree to the rollforward. Test individually significant items by tracing to approved invoices. — Compare capital outlay expenditures to capital asset additions for reasonableness. If considered necessary, perform a search for unrecorded capital assets to audit completeness. — Agree approved capital items from board minutes to additions listing. — Obtain a detailed listing of disposals and agree to the rollforward.Determine whether any proceeds on the sale of such assets has been reported appropriately in the financial statements. — Obtain depreciation schedules and test the accuracy of calculation based on the selected depreciation method and useful life. )� — Test the accounting for and disclosure of amounts acquired through capital leases or installment purchase agreements. - Test the allocation of depreciation expense by function. — Inquire about timing of physical inventory observations,the existence of idle assets,and whether remaining useful lives are still appropriate. - Inquire about the existence of intangible assets such as usage or access rights. — Consider whether amounts remain on construction contracts related to construction in progress for disclosure in the notes to the financial statements. Payables Obtain a detailed listing of the composition of general ledger control accounts and compare to year-end account balances. Perform a completeness test by selecting certain subsequent disbursements,reviewing the invoice for information on the accounting period involved,and determining whether the amount is properly included or excluded from year-end accounts payable. — Trace fiduciary liabilities to subsequent disbursements or detailed subledgers of amounts held by individual/entity. — Determine whether any amounts are being held in agency funds that represent funds of the primary government which should be accounted for in the respective funds. 71 Accrued liabilities — Recalculate accrued salaries and wages payable by gaining an understanding of the timing of service periods and pay dates, obtaining support for the first pay date in the subsequent period, determining the number of service days covered by the pay run and the number of service days during the period under audit,recalculating the accrual. — Recalculate the accrual for the employer's share of FICA taxes payable based on known rate of 7.65%. — Consider the reasonableness of other fringe benefit accruals such as health insurance,retirement,and workers' compensation. — For self-insurance programs, obtain calculations or third-party reports estimating incurred-but-not-report claims. Rollforward self-insurance claims payable for disclosure in the footnotes. Long-term debt — Obtain a rollforward of long-term debt activity. Compare the beginning balances to the prior year audit. - Obtain amortization schedules for bonds and notes payable. Consider whether any debt covenants exist and test accordingly. — Trace principal payments to the debt rollforward and the amortization schedules. — Agree the current portion of long-term debt and future minimum payments of principal and interest to the amortization schedules. — Determine whether new debt was approved by the governing body and issued in accordance with State statute. - Determine whether there were premiums and/or discounts associated with the issuance of the debt by obtaining the sources and uses statement: Consider whether any bond issuance costs should be capitalized and amortized over the life of the bonds.Recalculate such balances: - Recalculate accrued interest payable based on the first interest payable of the subsequent period,the length of time covered by this interest payment,and the length of time within the year }} under audit. Compensated absences Obtain a detailed listing of compensated absences (accrued sick and vacation time)by employee and agree to general ledger control accounts. - Obtain an understanding of compensated absences policies, such as vesting, payment rates, and maximum payouts. - Select a sample of individuals for testing.Trace accrued hours to source files and pay rates to personnel files or union/bargaining unit contracts. Recalculate accrual and determine whether hours are within the maximum amount. 72 — Determine whether FICA taxes are being accrued on the year- end balance. — Rollforward compensated absences liability by obtaining either the accrual for amounts earned or the amounts used/paid for disclosure in the notes to the financial statements. - Consider the appropriateness of the expense allocation for the change in compensated absences of governmental activities. — Inquire about an estimated current portion and consider whether this is being presented appropriately in the financial statements.Compare current portion to actual uses/payments for reasonableness. - Inquire about the existence of any severance agreements or termination benefits. Obtain supporting documentation and test accordingly. Equity - Compare beginning equity by fund to the prior year audit, and investigate any differences. - Review fund balance classifications based on the nature of the funds and board resolutions/policies (if applicable). - Review net asset classifications for accuracy. Recalculate net assets invested in capital assets net of related debt. These substantive procedures will be completed primarily by our staff auditors. Each workpaper will be reviewed by the engagement manager(and where appropriate,the engagement principal) during fieldwork so questions can be resolved while the team is still on-site. Phase 3: Financial Statement Review Financial Statement Review -Another key element of the fieldwork process is the review of draft financial statements (including footnotes),and the preparation of the independent auditors' report, management letter,and other applicable reports/correspondence. The following are the primary steps in the preparation of the financial statements: Procedure Description Footnotes Draft notes to financial statements using a current disclosure checklist to ensure completeness. — Obtain supporting documentation for disclosures not directly linked to the trial balance or financial statements,such as: retirement and other postemployment benefit plan funding progress and funded status, related party transactions, subsequent events,etc. SAS 114 letter — Through the audit process,the engagement team will keep a list of potential audit issues and/or internal control or efficiency recommendations. - Near completion of fieldwork,the potential items are reviewed and discussed amon:st the audit team. 73 - i The method of communication for items deemed to be control and/or compliance deficiencies is determined and a SAS 114 letter(informally known as the"management letter") is drafted. Reports — All standard audit reports are prepared at this time,including the independent auditors'report,the report on internal control over financial reporting and compliance,reports on compliance with specific requirements applicable to federal awards and state financial assistance,and any reportable conditions found. Reports required by the State of Florida specific to court- related functions and landfill escrow are prepared,as well as all other compliance and other reports. Detail check — After the financial statements and notes are drafted and a disclosure checklist has been completed, the entire report is reviewed by the audit manager.Control totals are compared between statements and schedules,numbers are footed and cross-footed,footnotes are agreed to the underlying financial ## statement amounts (when applicable),and overall presentation is reviewed for proper formatting,spelling,and grammar. - The audit opinion (and Yellow Book report and/or A-133 report,as applicable) are compared to current professional standards for completeness and accuracy. — Any management letter comments are reviewed for clarity and appropriateness. - The County is then provided feedback from the independent review and follows up on questions/comments accordingly. Technical standards review Generally on the final day of audit fieldwork,the engagement principal comes on-site to review the audit team's workpapers and perform a technical standards review of the financial statements and management letter. - Additional technical standards reviews are conducted after the quality control principal. Exit conference — While the auditors are still on-site,the draft audit reports and management letter are provided to and reviewed with management during an exit conference. - Audit findings or recommendations are explained in detail, and an open dialogue is held to ensure that the facts and circumstances are properly understood by all parties: — Any open items are summarized in written format and reviewed with the client. — The timeline for engagement completion and issuance (initially agreed-upon as part of the planning meeting) is reviewed for reasonableness,and updated as needed. 74 At this point in the process,the auditors will pack up their equipment and leave the field. Any questions or issues that arise through the technical standards review are discussed between the audit team and management. We then provide management with a draft representation letter. This is a document that puts into writing the assertions made by management to the auditors throughout the audit process. We ask that this letter be printed on the government's letterhead and signed by two individuals (generally the equivalents of the CEO and CFO). Phase 4:Conclusion/Issuance Procedures Management will be provided with a final PDF of all reports produced in the audit. While this concludes the formal process of the annual audit,your engagement team will be available for questions throughout the year. We will provide management with information on relevant upcoming changes in accounting standards and opportunities to participate in training events or webinars. We will also check in at times throughout the year to say hello and provide an opportunity for management to ask any questions or provide updates on the government's operations. We are confident that our audit process maximizes efficiency while still providing the highest level of audit assurance. Our governmental auditing team has a deep understanding of accounting and financial reporting as it relates to local units of government. But our auditors also understand that you are busy and have priorities and responsibilities in addition to the annual audit. Your audit team will make as many requests ahead of time as possible, coordinate information requests and questions, and strive to keep the audit process as quick as possible. 75 7 '1 Indian River County, Florida Memorandum TO: Joseph A. Baird, County Administrator THROUGH: Jason Brown, Director, OMB • FROM: Beth Martin, Risk Manager,` DATE: June 12, 2015 1I�t��II'''"' SUBJECT: Mediated Settlement; James Pasqualone It is requested that the Board of County Commissioners consider the following Consent Agenda item at their June 23,2015 regular meeting. Background On June 11, 2015 the County Administrator reviewed and approved the $135,000.00 settlement of the July 9, 2011 workers' compensation claim of James Pasqualone, a former fire fighter who retired July 10, 2012. Settlement of the indemnity portion of this claim, including attorney's fees and costs, was recommended by defense counsel, the third party claims administrator, and County staff. Additionally, the excess insurance carrier has approved this settlement. To date, $256,389.24 has been paid and the self- insured retention is $350,000.00. As a result, the actual cost for the County is approximately$94,000.00. While the medical costs for the claim will remain open, those costs will be reimbursed to the County from the excess carrier. Recommendation In keeping with administrative policy, staff now requests Board approval of this settlement in the amount of$135,000.00. Payment will be made from the Self Insurance Fund. If additional information is needed, please contact Beth Martin, Risk Manager, at Extension 1287. APP' : , DFOR A4'i 41,A: IA Alt, Joseph • . B• rd, County • dministrator Indian River County Ap. • d J Dr 2 20 Administration 6Legalpc b L ft) Budget i (, Risk Management � 06 415 Department 76 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 16, 2015 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administr. Jason E. Brown, Budget Directo 1 FROM: Jennifer Hyde, Purchasing Manag49� SUBJECT: Termination of Award—Custodial Services for County Buildings Group 3 BACKGROUND: On February 10, 2015, the Board approved the award of RFP 2015014 for Custodial Services for County Buildings, divided into four geographical areas, to four firms. The firms began providing service at their assigned facilities on March 1, 2015, with the term of the agreement effective through February 29, 2016, with options for two one-year renewals. Group 3,the 43rd Avenue Complex was awarded to KeeClean Management, Inc. To date,the facilities have not received the level of service outlined in the Request for Proposals(RFP) and agreement. The KeeClean contract manager has been notified daily by email regarding issues and concerns, however many continue to occur. Of the daily cleaning requirements, KeeClean has failed to complete more than half consistently. Facilities Management and Sheriffs Department staff have spent time showing the vendor's employees what areas are to be cleaned (in some facilities on more than one occasion), and pointing out discrepancies, however the work is still not being completed satisfactorily. ANALYSIS: The service provided to Indian River County by KeeClean to date does not meet the requirements as defined in the RFP and agreement, and therefore constitutes a substantial failure to perform. Per Article 7.3 of the Agreement, the County is entitled to terminate the agreement for such failure after making a seven day written notice. KeeClean was notified of staff's intention to request authorization to provide the seven-day notice by written memo on Wednesday,June 10, 2015.The vendor responded by phone immediately and promised to correct the numerous documented discrepancies by June 15, 2015. As of the date of this memo,the noted discrepancies are still outstanding and no improvement in service has been noted. The vendor did not contest the failures stated in our written memo to them. The next highest ranked proposer for Group 3,Tribond, LLC has been contacted and is willing to assume the contract at their previously proposed rates, effective July 1, 2015. KeeClean's contract 77 CONSENT AGENDA price is$6,565 per month ($78,078.00 per year), and Tribond's price would be $8,167.44 per month ($98,009.28 per year), for an increase of$1,602.44 per month and $19,229.28 per year. While the cost for this group of buildings would increase,the cost of the total contract, including all four geographical building groups, would still represent a seven percent decrease in cost over the previous bid for services. SOURCE OF FUNDS: Funding for Custodial Services is included in the Facilities Management Budget in account 00122019-033490(other contractual services). Facilities Management is included in the General Fund,which is supported primarily by Ad Valorem Taxes in addition to various other revenue sources (Half-Cent Sales Tax, State Shared Revenues, etc.). RECOMMENDATION: Staff recommends the Board of County Commissioners: • Authorize staff to make seven-day notice to KeeClean Management, Inc. of our intent to terminate award of RFP 2015014, Group 3 and the resulting agreement. • Approve award of Group 3 to the next highest ranked proposer, Tribond, LLC and authorize the Chairman to execute the attached agreement, after receipt and approval of the required insurance certificates and after the County Attorney has approved them as to form and legal sufficiency. ATTACHMENT: Notice of Intent Proposed Tribond Agreement APPROVED A DA ITEM I BY: � . Indian River Co App . ( Da e Admin �� ��7' / Joseph '. Ba d,County A.ministrator Legal0 , Budget Department 0 I h FOR: , _/L_ 0), ' Risk .- De•ik-/5 78 BOARD OF COUNTY COMMISSIONERS _ 4..A June 10, 2015 By Email and FedEx KeeClean Management, Inc. Attn: Jay Green 3505 Lake Lynda Drive, Suite 200 Orlando, FL 32817 Jay.Green@KeeClean.com Subject: Indian River County RFP 2015014—Custodial Services Dear Mr. Green: During the three months KeeClean has been contracted to provide custodial services at our 43rd Avenue Complex facilities, numerous failures to comply with the scope of work as outlined in the Request for Proposals (RFP) and agreement have been identified. While initial problems with new service are not uncommon, by the three month mark, a vendor should be meeting the requirements of the contract more often than not. Some of the issues encountered include: recycling bins not emptied; recycling bins emptied into trash instead of designated recycling container; trash cans not emptied (sometimes for consecutive days); buildings are not swept or vacuumed; rooms, offices and entire locations not cleaned at all;trash bags not replaced;toilets and urinals not cleaned; bathroom floors not mopped. The KeeClean contract manager has been immediately notified of these and other issues by email, however many continue to occur. Of the daily cleaning requirements, KeeClean has failed to complete more than half consistently. Your employees have indicated they have not been trained on the requirements or how to clean. County employees have also been told by your staff entire rooms will be omitted from cleaning indefinitely because it would require time they will not be paid for. We understand our original contract manager has been replaced, however the new contract manager appears to be new to your firm, as he does not even have a KeeClean email address. We have no reason to expect service will improve. The service provided to Indian River County by KeeClean to date does not meet the requirements as defined in the RFP and agreement, and therefore constitutes a substantial failure to perform. Per Article 7.3,the County is entitled to terminate the agreement for such failure after making a seven day written notice. We intend to request authorization to make said notice from our Board of County Commissioners at its June 23, 2015 meeting. If approved,the notice of termination would be sent that same day and made effective July 1, 2015. Office of Management and Budget•Purchasing Division 1800 27th Street,Vero Beach,Florida 32960•(772)226-1416•Fax:(772)770-5140 E-mail:purchasinR@ircgov.com 79 Should you have a response to or information regarding these issues and the work under the subject RFP and the agreement, please provide them to me no later than June 16, 2015. If we receive no response, we will proceed with our request for authorization to issue the seven-day notice of termination. Sincerely, fnnife yde Purchasing Manager Cc: Chris Burr, Facilities Manager Chris Mora, P.E., Public Works Director Dylan Reingold, County Attorney 80 AGREEMENT BETWEEN OWNER AND CONTRACTOR CUSTODIAL SERVICES INDIAN RIVER COUNTY RFP NO. 2015014 THIS AGREEMENT for CUSTODIAL SERVICES ("SERVICES"), entered into as of this 23rd day of June , 2015 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Tribond, LLC, ("CONTRACTOR"). BACKGROUND RECITALS: A. Through the competitive Request for Proposal (RFP) process, the COUNTY has selected CONTRACTOR to provide custodial services at various facilities as more fully set forth in Exhibit 1 (Required Duties and Frequencies) and Exhibit 2 (Contractor's Price Proposal Form) attached to this Agreement and made a part hereof by this reference. B. The proposed work consists of scheduled custodial services at County- owned facilities, as described in the Request for Proposal document (RFP 2015014, issued on December 1, 2014, "RFP") ("Services"). C. The CONTRACTOR is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and D. The COUNTY and the CONTRACTOR wish to enter into this Agreement for the Contractor's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement. 1.2 CONTRACTOR will provide services at the following facilities: Group 3: 43rd Avenue Complex: Administrative Annex/4305- 4375 43rd Ave., Vero Beach, FL Emergency Operations Center/4225 43rd Ave., Vero Beach, FL Traffic Operations Section/4548 41st St., Vero Beach, FL Sheriffs Administration Buildings (Main, Modular G and Volunteer Modular)/4141 41st St., Vero Beach, FL Sheriffs Human Resources (Modular Building)/3885 41st St., Bldg. A, Vero Beach, FL Sheriffs Crime Scene Facility/3885 41st St., Vero Beach, FL Agreement— 1 81 Sheriffs Mall Office/6200 20th Street (storefront), Vero Beach, FL 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide explanation of layout of individual buildings and familiarization with any restrictions. 2.2 The COUNTY shall provide training for operation of security systems. 2.3 The COUNTY shall provide emergency call list for all facilities. 2.4 The COUNTY shall provide the following supplies for utilization for restrooms and offices: a. Paper towels for dispensers b. Toilet paper c. Trash can liners d. Hand soap for dispensers 3. RESPONSIBILITIES OF THE CONTRACTOR. 3.1 The CONTRACTOR agrees to provide the services in accordance with the scope of the RFP. 3.2 The CONTRACTOR shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONTRACTOR to render its Services as described in this Agreement. 3.3 A list of holidays the service will not be provided for the term of the Agreement is attached as Exhibit 3. 3.4 The CONTRACTOR shall be responsible for any and all damage to COUNTY equipment, furnishings and facilities directly attributable to his or her negligence or cleaning practices. 3.5 CONTRACTOR shall provide all necessary equipment to execute the work under this Agreement. Such equipment shall be maintained and operated in a safe manner at all times. a. Vacuums used shall be equipped with HEPA filters. CONTRACTOR shall have available a log showing the date and responsible party for replacing the filter cartridge. 3.6 To insure the safety of the public and the employees of Indian River County as the occupants of County facilities, it shall be the policy of Indian River County Agreement— 2 82 that the use of any chemicals or materials used in the cleaning and maintenance of County facilities be certified green. If it is determined for sanitary reasons that a non- green product must be used, then it shall only be utilized at times when the employees and public are not within the confines of the facilities being cleaned or sanitized. CONTRACTOR shall provide a list of materials used in their daily cleaning routine and provide evidence of their certification as being a green product. 3.6 No person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the Services to be performed by CONTRACTOR under this Agreement. CONTRACTOR does hereby covenant and agree that in connection with the furnishing of Services to the COUNTY, it shall not discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing the Services to the County, CONTRACTOR shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. 3.7 The CONTRACTOR will cooperate fully with the COUNTY in order that all work may be properly scheduled and coordinated. 3.8 The CONTRACTOR shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. 4. TERM OF AGREEMENT. 4.1 This Agreement shall remain in effect for a term of eight months, unless otherwise sooner terminated as provided herein. The Initial Term may be extended by mutual consent of the parties hereto for a maximum two additional one-year terms. 5. COMPENSATION. 5.1 CONTRACTOR shall bill the COUNTY monthly, after completion of work. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). No advance or prepayment will occur. 5.2 Adjustments shall be made to compensation due under any of the following circumstances: a. If any work which is scheduled for daily, weekly or monthly performance is omitted or unsatisfactorily performed, the CONTRACTOR will be notified in writing of the failure or omission. An adjustment or deduction may be made from any monies due or to become due the CONTRACTOR. Adjustments or deductions will be consistent with the per square foot rate for the building the deficiency occurs and for the period of time the deficiency remains uncorrected. b. In the instance where room cleaning has not been satisfactorily performed or portions of the work have been omitted or improperly performed a deduction will be made for the entire room. Agreement— 3 83 6. INSURANCE AND INDEMNIFICATION. 6.1 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.2 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein 6.2.1 Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. 6.2.2 General Liability: A per occurrence form policy with a combined single limit of not less than $1,000,000 general aggregate. 6.2.3 Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection -- statutory limits; $100,000 uninsured/underinsured motorist; $100,000/hired/non-owned auto liability. 6.3 Contractor's insurance coverage shall be primary. 6.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A- VII or better. 6.5 The insurance policies procured shall be occurrence forms, not claims made policies. 6.6 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.7 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.8 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. Agreement—4 84 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. 7. TERMINATION. 7.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon sixty (60) days' prior written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon sixty (60) days' prior written notice to the COUNTY; or (c) by the mutual agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 7.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONTRACTOR shall be payment for those portions of satisfactorily completed work. Such payment shall be determined on the basis of the hours of work performed by the CONTRACTOR, or the percentage of work completed as estimated by the CONTRACTOR and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONTRACTOR, elect to employ other persons to perform the same or similar services. 7.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 7.4 In the event that the CONTRACTOR merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement upon 30 days written notice. 7.7 The COUNTY may terminate this Agreement in whole or in part if the CONTRACTOR submits a false invoice to the COUNTY. 8. MISCELLANOUS PROVISIONS. 8.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 8.2 Request for Proposals. It is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Request for Proposals dated December 1, 2014 (including addenda 1 through 3 ) shall be incorporated herein. Agreement— 5 85 8.3 Merger; Modification. Except as set forth in Section 8.2 above, this Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the COUNTY. 8.4 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 8.5 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 8.6 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 8.7 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. Agreement—6 86 8.9 Public Records. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: 8.9.1 Keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. 8.9.2 Provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. 8.9.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 8.9.4 Meet all requirements for retaining public records and transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. 8.9.5 Failure of the CONTRACTOR to comply with these requirements shall be a material breach of this Agreement. The CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 8.10 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Chris Burr 4305A 43rd Avenue Vero Beach, FL 32967 Facsimile: (772) 226-3495 Contractor: Tribond, LLC Attn: 1629 Clay Road Mableton, GA 30126 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on Agreement— 7 87 weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 8.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 8.12 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 8.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 8.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity. Agreement— 8 88 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Tribond, LLC INDIAN RIVER COUNTY By its Board of County Commissioners By: By Printed name: Wesley S. Davis, Chairman Title: Date Approved by BCC: 6/23/2015 Date Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By Deputy Clerk Approved: Joseph A. Baird County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney Agreement— 9 89 Exhibit 1 Required Duties and Frequencies Agreement— 10 90 Required Duties and Frequencies The following list represents the minimum allowable standards for duties to be covered by this service contract. Some buildings may require more frequent attention due to operating hours/days, traffic or specific use patterns. Proposals should be provided that ensure that acceptable standards are met and adjustment to frequencies can be made in order to maintain these standards. The County shall be the sole determination of acceptable standards. Minimum Allowable Frequencies Daily-Offices, Hallways and Common Areas • Empty trash cans; replace liners, police building perimeter for trash • Empty and clean ashtrays and trash receptacles at entrances (big and small) • Clean and sanitize drinking fountains and public telephones • Spot clean walls, doors, trim and switch plates • Clean elevator walls, floors, doors and door tracks • Clean entrance doors and surrounding glass (inside and out). • Empty recycle containers and place materials in designated bins outside the building • Empty wastebaskets and remove trash from building (replace liners) • Vacuum all floors and corridors (both carpet and tile) throughout building Daily-Restrooms • Remove Trash • Restock Paper Towels • Restock Toilet Paper • Refill Soap Dispensers • Clean Mirrors • Damp Wipe Counters and Sinks • Sanitize Toilets • Sanitize Urinals • Clean Toilet Partitions • Sweep and Damp Mop Floors • Scrub Floors under Urinals • Clean Stainless with Stainless Cleaner Agreement- 11 91 Weekly • Spot clean all floors, including all offices • Dust all Flat Surfaces Monthly • Dust all a/c vents and wall mounted fixtures in all corridors and offices • Clean mildew off outside metal doors • Dust all furniture and window ledges • Damp wipe and sanitize inside and outside of waste receptacles • Wash and spray buff all vinyl floors in kitchen and elevators Quarterly • Strip and wax tile floors • Dust light fixtures, window wills and blinds Daytime Building Attendants: 16th St. Complex(Judicial Complex and Main library) and Administration Complex(Administration Buildings A and B and Health Department) For Group 1: 16th Street Complex and Group 2: Administrative Complex, the awarded contractors shall provide and include their submitted monthly cost an employee (minimum of 6 hours per day) for the purpose of attending to the daytime custodial needs of specified buildings as a part of this proposal. This person must be able to speak and understand English. Attendant Duties: The attendant position is to supplement the Contractor's work staff by attending to restrooms and other heavily used public areas while the building is open. The attendant's duties shall not impede or significantly interfere with the operation of the building. However, temporary closing of restrooms for cleanup will be allowed. Examples of other duties: • Check and refill soap dispensers, toilet paper and paper towel dispensers. • Cleanup of spills and other emergency type cleaning duties. • Keep entrance doors and windows clean. • Empty trash and smoke receptacles at entrances. • Dust baseboards and conference room furniture when not occupied. Perform duties outlined in the daily, weekly or quarterly duties that do not adversely affect the occupants, or visitors to the building. Agreement— 12 92 Exhibit 2 Contractor's Submitted Price Proposal Form Agreement— 13 93 t 2015014 RFP for Custodial Services-Addendum 1 PROPOSAL PRICING—2015014 Custodial Services for County Buildings Proposers may submit pricing on one or more groups, however no company will be awarded more than one group. Group 1:Judidal Complex: Judicial Center $ 90,20o.00 $ 122,400.00 Main Library $ 5,100.20 $ 61,202.40 Administration Annex $ 389.96 $ 4,679.52 ota • rou 1:J •` �""'!". _ $ 15,690.16 $ 188,281.92 Grou 2:Administrative Com. : County Administration Buildings A,&B $ 11,877.29 $ 142,527.48 Health Department $ 4,172.10 $ 50,065.20 ota • rou :A.^ - -M $ 16,049.39 $ 192,59268 43rd Ave.Administration Annex $ 18.10 $ 26 617.20 Emergency Operations Center $ 1098.23 $ 13 178.76 Traffic Operations Center $ 001.1 $ 12 01 .44 Sheriff's Administration Buildings $ ms.,µ Sheriff's Human Resources modular) Sheriff's Crime Scene Facility , �., Sheriffs Mall Office 13111MIBIIMMINIIMIN Total for Grou. 3:43nd Avenue • lex Gr . 4:North . Facilities North County Library $ 4,301.79 $ 51,621.48 North County Offices $ 301.00 $ 3 612.00 Total for G . . 4:North Coun Facfiities $ 4 60279 $ 55 233.48 Grou 1:Judidal Com Judicial Center $ mow Main Library $ 0.077 Administration Annex $ 0.052 Gr . 2:Administrative Corn. : County Administration Buildings A&B , , Health Department Page 21 of 22 94 2015014 RFP for Custodial Services-Addendum 1 Grou. 3:43'd Avenue Com x f : 43rd Ave.Administration Annex $ 0.085 Emergency Operations Center $ 0.069 Traffic Operations Center $ 0.400 Sheriffs Administration Building $ 0.043 Sheriffs Human Resources(modular) $ 0.089 Sheriffs Crime Scene Facility $ 0.20 Sheriffs Mall Office $ 0.33 Grou. 4:North • Facilities North County Library $ 0.078 North County Offices $ 0.10 The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. TRIBOND, LLC 1629 Clay Road SW Name of Firm Address /Obi PCLAILL, Mableton,GA 30126 Authorized Signature City,State,Zip Code Member/Owner (678 )677 - 0022 Title Phone 1/5/15 Ipalmer@tribond.net Date Signed E-mail Page 22 of 22 95 Exhibit 3 Scheduled Holidays Agreement— 16 96 The following Holidays will be observed during the initial term of the agreement (March 1, 2015 through February 29, 2016) Good Friday Friday, April 3, 2015 Memorial Day Monday, May 25, 2015 Independence Day Friday, July 3, 2015 Labor Day Monday, September 7, 2015 Veterans Day Wednesday, November 11, 2015 Thanksgiving Day Thursday, November 26, 2015 Day after Thanksgiving Friday, November 27, 2015 Christmas Eve Thursday, December 24, 2015 Christmas Day Friday, December 25, 2015 New Year's Day Friday, January 1, 2016 Agreement— 17 97 INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Joseph A. Baird,County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Richard B.Szpyrka, P.E.,County Engineer( SUBJECT: Work Order No. 2 Release of Retainage - Bridge Design Associates, Inc. for 66th Avenue Bridge Replacements for 41st Street,45th Street,49th Street,33rd Street and 37th Street Bridges IRC Project No.0545 DATE: June 2,2015 DESCRIPTION AND CONDITIONS On November 6, 2012, the Board of County Commissioners approved Work Order No. 2 with Bridge Design Associates, Inc. for services for the bridges below for the 66th Avenue (SR60 to 49th Street) project for a lump sum amount of$102,745.00: 66th Avenue Bridge over 41st Street—Professional Structural Engineering Services 66th Avenue Bridge over 45th Street—Professional Structural Engineering Services 66th Avenue Bridge over 49th Street—Professional Structural Engineering Services 66th Avenue Bridge over 33rd Street—Construction Assistance Services 66th Avenue Bridge over 37th Street—Construction Assistance Services 26th Street Headwall—Construction Assistance Services The as-built task provided for in Work Order No. 2 for the 66th Avenue Bridge over 41st Street was not required resulting in a savings of $1,730.00 thereby reducing the final contact total to $101,015.00. The Florida Department of Transportation has inspected and approved each component and Bridge Design Associates, Inc. has submitted Invoice No. 05-619/Ret dated 3/18/2015 for release of retainage in the amount of$10,101.50. Bridge Design Associates, Inc. has billed$101,015.00, been paid$90,913.50 to date and$10,101.50 has been held in retainage. FUNDING Funding is budgeted and available from the following: Traffic Impact Fees/District II Account No. 102-206001-06040 66th Avenue(SR60 to 49th Street) ($3,281.50) Optional Sales Tax Account No.315-206000-06040 66th Avenue(SR60 to 49th Street) ($6,540.00) Traffic Impact Fees/District II Account No. 102-206001-07806 66th Avenue(49th Street—77th Street) ($220.00) Optional Sales Tax Account No. 315-206000-07806 66th Avenue(49th Street—77th Street) ($60.00) F:\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St(Arcadis)\Admin\agenda items\BCC Agenda 98 for BDA Release Retainage 6-23-2015.doc Page Two Bridge Design Associates, Inc. Release Retainage WO No. 2 For BCC Meeting June 23, 2015 RECOMMENDATION Staff recommends approval of Bridge Design Associates, Inc. Invoice No.05-619/Ret,dated 3/18/2015 in the amount of$10,101.50 for release of retainage for Work Order No. 2. ATTACHMENTS Bridge Design Associates, Inc. Invoice No.05-619/Ret DISTRIBUTION Brian C. Rheault, P.E., Bridge Design Associates, Inc. Indian River County Approved Date APPROVED AGENDA ITEM: mno c IIT FOR: J 23 2015 1 `‘j �5. BY: AM ` • • Public Works 0 C//61/ Josephifi rd,County A•ministrator Engineering Division i 6/ii/tom 0. F:\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St(Arcadis)Wdmin\agenda items\BCC Agenda 99 for BDA Release Retainage 6-23-2015.doc BRIDGE DESIGN ASSOCIATES, INC. CONSULTING ENGINEERS BRIAN C. RHEAULT,P.E. Invoice Preside�lt Bill To Indian River County 1800 27th Street Vero Beach, Florida 32960 Attn: Christopher Kafer, P.E. Date Invoice# 3/18/2015 05-619/Ret Description Amount FOR ENGINEERING SERVICES ON: 10,101.50 66TH AVENUE BRIDGE REPLACEMENTS CONSTRUCTION PHASE SERVICES WORK ORDER 2 Contract Amount: $102,745.00 100% Complete: $101,015.00 RETAINAGE DUE: $10,101.50 INDIAN •IVER COQ+Nre PuB GCI 'ARKS 1DIRGCTOR •CVED DAT(~ [ `► ` 0 .HEAD 1124:71AMI Account No. 102-206001-06040 ($3,281.50) Account No.315-206000-06040 ($6,540.00) Account No. 102-206001-07806 ($220.00) Please Mail All Correll Account No.315-206000-07806 ($60.00) Total $10,101.50 1402 Royal Palm Beach Boulevard • Building 200 • Royal Palm Beach, Florida 33411 100 (561) 686-3660 • Fax: (561) 791-1995 ( ()\SI:N"I' z INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Stan Boling,AICP; unity Development Director DATE: June 15, 2015 SUBJECT: Board of County Commissioners Travel Authorization for Soil & Water Conservation District Board Members for Association of Florida Conservation Districts (AFCD)Annual Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 23, 2015. BACKGROUND David Gunter,Chairman of the Indian River Soil&Water District Board of Supervisors,on behalf of that board,has requested authorization for travel expenses for the two newest board members to attend the upcoming AFCD annual meeting (see Attachment #1). Because the Board of County Commissioners reviews and authorizes travel expenses for members of boards,this request from the Indian River Soil & Water Conservation District is being brought forward for BCC consideration. ANALYSIS The two newest members of the Indian River Soil & Water Conservation District Board (George Simons and Dr. David Cox)have not yet had the opportunity to attend the AFCD annual meeting. AFCD meeting sessions offer training and education on a number of soil and water district topics (see Attachment #2). The AFCD annual meeting will be held July 24 — 25, 2015 in Ocala. The District request is for meals and mileage for two board members for a total of$434.06($217.03 for each board member). FUNDING Funding is available within the current Indian River Soil & Water Conservation District budget, account 00111837-034020. M:\AGENDA\Current Year\2015\Soil-Water Cons Dist Request for Board Travel 062315BCC.docx 1 101 RECOMMENDATION Staff recommends that the BCC authorize travel expenses for two Indian River Soil & Water Conservation District board members to attend the 2015 AFCD annual meeting. Attachments: 1. Request from Indian River Soil & Water District 2. 2015 AFCD Annual Meeting Agenda APPROVED AGENDA ITEM• Indian River Co, Appr• Date Admin. (9 )7 r FOR: 14aril., 02 � �15 Legal Budget 14 Dept. ' 6//5"//3-- BY: • Risk Mgr. M:WGENDA\Current Year\2015\Soil-Water Cons Dist Request for Board Travel 062315BCC.docx 2 102 Stan Boling From: David Gunter <dgunter@flbb.net> Sent: Tuesday,June 09, 2015 7:40 PM To: Stan Boling Cc: Karyn Bryant Subject: FW:AFCD Annual Meeting Attachments: swcd Travel Approval Prior to Trip.xls;swcdl Travel Approval Prior to Trip.xls Stan, Here is the travel request for the Two new supervisors to attend the AFCD annual meeting in Ocala.At the meeting on Friday there is a new supervisor orientation workshop and it is the wish of the board that George Simon and Dr. David Cox our two new supervisors attend this informative workshop. The business meeting is to be held on Saturday where they will vote on association policies.Thank you for your assistance in this mater. Thank you David E Gunter Board president 1 ATTACHMENT 1 103 • • Friday,July 24 1:00 PM-3:00 PM Supervisor Training 3:00 PM-5:00 PM Florida Conservation District Employees Meeting 4:00 PM-5:00 PM Association of Florida Conservation Districts Board Meeting 5:00 PM-6:00 PM Committees Meet 6:00 PM-7:00 PM Welcome Reception Saturday.lulu 25 8:00 AM Registration 8:30 AM Call to Order,AFCD President Linda Minton Flag Ceremony Pledge of Allegiance Invocation-Marion Soil and Water Conservation District Welcome-Marion County Commissioner 9:00 AM How to get your District Noticed-Susan Schultz,NACD,Education and Stewardship Specialist 10:00 AM Break 10:15 AM State Land Management Review Program-Aric Larson,FDEP,Office of Environmental Services, Division of State Lands 10:45 AM Florida Mobile Irrigation Labs-Camilo Gaitan, FDACS,Office of Agricultural Water Policy 11:15 AM Turn Good Ideas into Great Grant-Funded Programs-Susan Schultz,NACD 12:15 PM Lunch 12:40 PM Brian Hacker,P reside nt,Southeast Conse rvation District Employees Association 1:00 PM How to Conduct a Board Meeting,Archie Matthews,AFCD 1st Vice President 1:20 PM Envirothon-Stan Peacock,Leon SWCDSupervisor,Florida Envirothon Board 1:35 PM Land Judging-Archie Matthews,AlachuaSWCD,Florida Land Judging 1:50 PM Break 2:05 PM Reports: USDA Natural Resources Conservation Service,State Conservationist Russell Morgan Florida Department of Agriculture and ConsumerSe rvices,Office of Agricultural Water Policy Resource Conservation and Development(RC&D),Burlin Findley Florida Conservation District Employees Association,P resident Audrey Ku ipers Soil and Water Conservation Council Committee Reports: Resolution/By-laws/NominatingCommittees 3:00 PM Break 3:15 PM Speech Contest 4:00 PM Break 4:15 PM Speech Contest Results 4:30 PM Business Meeting,President Linda Minton 5:00 PM Adjourn Sunday,July 26 8:00 AM Association of Florida Conservation Districts Board Meeting 104 ATTACHMENT 2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator CONSENT FROM: Christopher R. Mora, P.E., Public Works Director C,,,, O DATE: June 8, 2015 SUBJECT: Amendment No. 1 to Agreement with CDM Smith for All Aboard Florida (AAF) Work Order No. 10, Review of Environmental Planning Documents DESCRIPTION AND CONDITIONS On April 8,2014,the Board of County Commissioners approved Work Order No. 10 with CDM Smith to participate in diagnostic field evaluations of 30 railroad crossings within the County and to review the Environmental Impact Statement(EIS)that was being prepared in conjunction with AAF's high speed passenger rail project. The scope of work was completed in December 2014 with the delivery of CDM Smith's review comments. The original review required significantly more meeting time than anticipated (66.5 hours above the time provided for)and the scope of work related to the EIS review was significantly expanded, requiring more tasks and additional review time to identify and explain shortcomings in the EIS and to compile the resulting document for submittal to Federal Railroad Administration (FRA)by the deadline. The additional meeting hours resulted in$12,045 in additional services,and the EIS document review resulted in $10,940 in additional services, for a total of $22,985 in additional costs. Attached is proposed Amendment No. 1 to Work Order No. 10 with CDM Smith which amends the scope of services and details the tasks that were necessary to complete the review, to include the additional meeting hours and the increased document review. FUNDING: Funding is budgeted and available from Transportation Fund/Public Works/Other Professional Services-acct# 1124319-033190. STAFF RECOMMENDATION: Staff recommends the Board approve Amendment No. 1 to Work Order 10 with CDM Smith for an amended scope of services necessary to complete the review, under CDM Smith's existing continuing service agreement with the County, and authorize staff to execute the amendment to the work order on behalf of the Board. ATTACHMENTS Indian River Approved Date Amendment No. 1 to Work Order No. 10 County from CDM SmithAdministration 6/i 7,r APPROVED AGENDA ITEM Budget (, is �� FOR: J iiia. 3 2015dia, Legal /W `'') e-i L- f S drilk ` Public Works C& G/ 10//SBY: 11,F:\Public Wo uanne MWII Aboard Florida\CDM Smith All Aboard Florida WO 10 Amendment No. 1 BCC 06-08- 105 15.doc AMENDMENT NUMBER 1 WORK ORDER NUMBER 10 REVIEW OF ENVIRONMENTAL PLANNING DOCUMENTS This Amendment 1 to Work Order Number_ is entered into as of this day of , 201_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated December 6, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY")and CDM Smith, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 10, Effective Date April 16,2014. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference.The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A(Time Schedule),all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above-referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS CDM Smith,Inc. OF INDIAN RIVER COUNTY By: By: Wesley S. Davis ,Chairman Title: Vt r„t. Prsraeict- BCC Approved Date: Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: _/ Josep ird, ounty 7 dministrator / Approved as to form and legal sufficiency: / cerDylan T.Reingold,County Attorney 106 EXHIBIT A SCOPE OF WORK INDIAN RIVER COUNTY ALL ABOARD FLORIDA REVIEW OF ENVIRONMENTAL PLANNING DOCUMENTS AMENDMENT NO. 1 BACKGROUND All Aboard Florida (AAF)is developing a passenger rail service between Orlando and Miami, Florida.As part of the proposed project,there are 30 instances within the Indian River County boundaries where the proposed rail system crosses County, City or private roadways.As part of the project development, AAF has prepared a draft environmental impact statement(DEIS)and a noise study that address potential issues or concerns relative to obtaining easements for each crossing from the governing entity of each intersection and the compatibility of the proposed crossings with existing environmental components.Specifically,there are 21 such crossings where the rail system crosses County roads,for which AAF and the County must develop lease agreements.The remaining 9 crossings are either at City intersections or crossings of privately owned land. In addition,there are 2 Florida Department of Transportation crossings within the County that will be excluded from this scope of services.The County has requested the services of CDM Smith Inc. (Consultant)to review the EIS on behalf of the Public Works Department and provide comments to the County relative to all 30 crossings.CONSULTANT completed the evaluation of all 30 crossings within the County boundaries,as well as a comprehensive review of the DEIS in December 2014.The effort required far more meetings than anticipated and the DEIS review required additional efforts as well. The following amended scope of services details the tasks that were necessary to complete the review. SCOPE OF SERVICES Consultant will perform the following services associated with the review of AAF's EIS. TASK 1.0 EIS DOCUMENT REVIEW The DEIS,as presented by the Federal Railroad Administration(FRA)and AAF,was far more deficient than anticipated when compared to the governing National Environmental Policy Act(NEPA) requirements for such a document.The review required additional efforts to identify the shortfalls and compile the resulting document for submittal to FRA by the deadline.Specifically,additional tasks included increased coordination with the County Historian on cultural resources, U.S.Army Corps of Engineers coordination related to Coastal Zone Management(including review of the County's Coastal Zone Management Policy),environmental justice review,more detailed review of NEPA requirements and additional traffic/ridership review.This resulted in approximately$10,940 in additional services. TASK 2.0 REVIEW OF NOISE STUDY No change from original scope of services. TASK 3.0 FIELD EVALUATION OF CROSSINGS No change from original scope of services. A-1 11693.doc 107 TASK 4.0 MEETINGS WITH COUNTY STAFF This task originally provided for 4 hours of meetings with staff. In actuality, CONSULTANT was requested to participate in 70.5 hours of meetings (for an increase of 66.5 hours), resulting in$12,045 in additional services. TASK 5.0 PROJECT MANAGEMENT AND QUALITY CONTROL No change from original scope of services. Subtask 5.1 Project Quality Management No change from original scope of services. Subtask 5.2 Project Status Reports No change from original scope of services. OTHER SERVICES NOT INCLUDED IN THIS SCOPE OF SERVICES No change from original scope of services. COUNTY RESPONSIBIUTIES No change from original scope of services. TIME SCHEDULE No change from original scope of services.The deadline for submittal to FRA was met. A-2 p1693doc 108 EXHIBIT B FEE SCHEDULE PROFESSIONAL SERVICES FOR ALL ABOARD FLORIDA REVIEW OF ENVIRONMENTAL PLANNING DOCUMENTS PROJECT DESCRIPTION: Review of All Aboard Florida Environmental Planning Documents Task Description Original Amendment No.1 Total Task 1 EIS Document Review $8,640 $10,940 $19,580 Task 2 Review of Noise Study $4,320 $0 $4,320 Task 3 Field Evaluation of Crossings $5,760 $0 $5,760 Task 4 Meetings with County Staff $2,160 $12,045 $14,205 Task 5 Project Management and Quality Control $1,512 $0 $1,512 Other Direct Costs $1,150 $0 $1,150 Total Upper Limit(Not to Exceed) $23,542 $22,985 $46,527 B-1 jj1693.tloc 109 Consent Agenda Item -- ' INDIAN RIVER COUNTY, FLORIDA i ' 10.21--:11 '�r DEPARTMENT OF UTILITY SERVICES \ . atilt i Date: June 8, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Cindy Corrente, Utilities Finance Manager/,,c 4 Subject: Second Amendment to Elevated Water Tank Spac License Agreement with Verizon DESCRIPTIONS AND CONDITIONS: In August 1997, The Board of County Commissioners entered into a lease agreement with PrimeCo Personal Communications, L.P., now known as Verizon Wireless Personal Communications, LP, D/b/a Verizon Wireless. The agreement allowed the Lessee to install and operate a communications facility at the Utility Department's elevated tank located at 4690 28th Court (Gifford Tank). In August 2009, the lease was amended to include additional floor space so the lessee could install a propane generator and tank. ANALYSIS: Recently, representatives for Verizon Wireless contacted staff to request an upgrade to their equipment located on the Gifford Tank. In the past, staff has experienced various issues with the providers and their use of the tank. One of the issues is that the manner in which equipment is attached to the tower resulted in increased costs for the utility to have the tanks properly painted and maintained. In order to offset these costs, we have proposed an increase in lease fees of $8,400.00 per year. The new total yearly license fee will be $30,481.86. The four percent increase per year will remain in effect if this amendment is approved. FUNDING: There is no cost to the department as a result of this lease. However, the department will receive revenues as a result of this lease agreement. The revenues:will be recorded in the operating fund under the Radio Tower Rents account. The operating fund is used to cover daily expenses encountered to provide services to existing customers. ACCOUNT NO.: Description Account Number Amount Radio Tower Rents 471038-362011 $30,481.86 Page 1 of 2 110 RECOMMENDATION: Staff recommends the approval of the attached Second Amendment to the Tower and Ground Space Lease with Verizon Wireless and requests that the Board authorize the Chairman to execute the attached lease on their behalf. ATTACHMENT(s): Second Amendment to tower and Ground Space Lease APPROVE iA,0 R AGEND B : atiti • ' Indian River Co. Appr• d Date lose. :aird, County Administrator Administration 6/7 Legal Fir: :11 . v i� Budget `y 6 Date Utilities e iig) GIS (r— Utilities-Finance (Utilities-Finance LVnc (/•-'Y"(5 F:\Utilities\UTILITY-Engineering\Cellular Antennas and Wireless UCP#993\Gifford Tank\Verizon Gifford Tower\Agenda-Verizon Lease Amendment Gifford Tank June 2015.doc 111 SECOND AMENDMENT TO TOWER AND GROUND SPACE LEASE LESSEE SITE: I.D. :GIFFORD WATER'TOWER NO.62716 THIS SECOND AMENDMENT("Second Amendment") is made and entered into as of the day of ,2015,to that certain Tower and Ground Space Lease,dated August 5, 1997,as amended,(the"Agreement"), by and between Indian River County,a political subdivision of the State of Florida,whose address is 1801 27th Street,Vero Beach, Florida 32960(the"Lessor")and Verizon Wireless Personal Communications LP,D/b/a Verizon Wireless,with its principal office located at One Verizon Way, Mailstop 4AW160, Basking Ridge, New Jersey,07920(the"Lessee"). WHEREAS,on August 5,1997 Lessor and PrimeCo Personal Communications,L.P.(n/k/a lessee) entered into that certain Tower and Ground Space Lease in which Lessor authorized certain use of the Land and Elevated Tank,as set forth more fully therein,which Agreement was amended by that First Amendment to the Tower and Ground Space Lease,dated June 9,2009;and WHEREAS,Lessee desires to install additional equipment on the Elevated Tank,which equipment is described more fully in Exhibit A-2 attached hereto("Additional Equipment");and WHEREAS,Lessor is willing to allow installation of the Additional Equipment,and related use of the Land and Elevated Tank,in accordance with the terms of this Second Amendment, NOW THEREFORE,in consideration of the mutual covenants herein set forth and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereby agree as follows: 1. Recitals. The above recitals are true and correct,and are incorporated herein. 2. The Agreement is hereby amended as follows: a. Lessee shall have the right to install and operate radio communication equipment, including Additional Equipment as set forth in Exhibit A-2 attached hereto and incorporated herein by reference. b. Installation of the Additional Equipment shall be strictly in accordance with the construction drawings previously submitted by Lessee and approved by Lessor's outside contractor(CD's),attached hereto as Attachment A-2. Said CD's shall also reflect any existing equipment that will remain on the Land or the Elevated Tank. No later than ninety(90)days after installation of the Additional Equipment,Lessee shall obtain(at Lessee's expense)an inspection conducted by Lessor's outside contractor of all equipment and the installation to confirm compliance with the approved CD's. c. No later than ninety(90)days after installation of Additional Equipment,Lessee shall hire Lessor's outside contractor at Lessee's expense,to perform any touch up to paint and finishes that were affected by installation of Additional Equipment or relocation of existing equipment. 1 112 d. In connection with the installation of the Additional Equipment,Lessee shall label all of its equipment including coaxial cables,located or to be located on the property, so that Lessor and its contractors are able to distinguish Lessee's equipment from equipment owned by other Lessees. This requirement shall apply to all equipment/cables,not just the Additional Equipment. Verification of this requirement shall be included in the inspection as required in Section 2b.of this Second Amendment. e. Commencing on the earlier of(a)the first day of the month immediately occurring after the date on which Lessee commences installation of the Additional Equipment or(b)July 1,2015(the"Rent Increase Date"),the annual rent due under the Agreement shall increase by Eight Thousand Four Hundred and 00/100 Dollars ($8,400.00),partial years prorated,to reflect the rental payment for the Additional Equipment. Within sixty(60)days of the Rent Increase Date,Verizon Wireless shall pay the pro-rated share of the annual rent increase to cover the period from the Rent Increase Date through the next anniversary of the Agreement's commencement date. The annual rent due under the Agreement shall continue to increase in accordance with Section 9(A)of the Agreement. 3. The parties hereby reaffirm their rights and obligations under the Agreement as modified by this Second Amendment. In the event of any inconsistencies between the Agreement and this Second Amendment,the terms of this Second Amendment shall control. IN WITNESS WHEREOF,the parties hereto have executed this Second Amendment as of the day and year first above written. [SIGNATURE PAGES FOLLOW] 2 113 Lessee: Verizon Wireless Personal Communications LP D/b/a Verizon Wireless By: Print Name: Aparna KhurJe ar As its: Area Vice President Network Date: 5 \ A,� r�C71 5 WITNESS Print N- e: �, (, -- Print Name: ` ! ' `s ATTEST: Jeffrey R.Smith,Clerk of Court ' Joseph . rd,County Administrator And Comptroller By: Deputy Clerk Approved: Lessor: Approved by BCC: ,2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Wesley S.Davis,Chairman Dyiaeingold,County Attorney 3 114 Exhibit A-2 [Construction Drawings to Follow] 4 115 1 I! i 1. ! i 141;11 ii 0 1jiItI g PI 111 I 111 t o rod 1 i II I WI? iff i I ri 116c° 4' 111 1 og . . . . . . . . .00000 W J CD o N J Z 3Y o Its a n r3 n f111111 .111 ozZ li Rz g11 : 1111i11111 l ! iliill La wen ?n tA i x om ga tl %> crnoaeaaW eoGda Q rv:: 0 if _ 111 1 g g O CDNcK NOU4e, rip ! 1 p W 1 O Z 1`,mo R. B 1! I leo 11 i 1111 11 i Ali g 8m p t " 1 l# g: II s 0. b t 11 b 1! 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III igll i 1 gtiq i i i - 15 ! f h tgt't . tLJ82 nayili 5 0xh . li 11 U �j S igsg -�n .4.7.I12w 1 CCC lig 11 ._6 : 13g-1-44..2 icc Y 0. r1R d d 4 12i 8:5 ra w iw 0. a. RR 1 R sc R 1 .tei .s - 1.. 129 C 1. � \______.„. n• ' ` : * Sheriff Deryl Loar -11 1f Indian River County ii-7 ,., Al • • June 9, 2015 Mr. Joe Baird, County Administrator Indian River County 1840 25th St Vero Beach, Florida 32960 RE: Notice of Request to be placed on the June 23. 2015 Board of County Commission Agenda Dear Mr. Baird, Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental Agencies portion of the June 23, 2015 BCC agenda. Indian River County Sheriff's Office is applying for the Edward Byrne Memorial Justice Assistance Grant (JAG)- Local Solicitation. This grant, if approved, will provide funds to high-powered desktop computers for the Information Technology Section. The total dollars earmarked for this grant is $22,362. The application, along with the Indian River County Finance Office grant form, is included with this request. Should you have any questions, please contact Planner, Amber Grier, at 772-978-6214. Thank you for your assistance. Sincerely, <7,— //4_, Deryl Loar, Sheriff Indian River County DUamg Enclosure cc: file 4055 41'Avenue,Vero Beach,Florida 32960 www.ircsheriff.org (772)569-6700 ' X130 Jam . GRANT NAME: 2015 Byrne Memorial/JAG: Local Solicitation GRANT 14 AMOUNT OF GRANT: $22,362.00 DEPARTMENT RECEIVING GRANT: Indian River County Sheriffs Office CONTACT PERSON: Amber Grier,Planner TELEPHONE: 772-978-6214 1. How long is the grant for? Two(2)Years Starting Date: October 1,2015 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? .Yes x No If yes,does the grant allow the match to be In-Kind services? Yes N/A No 4. Percentage of match to grant 0 5. Grant match amount required 4;0 00 6. Where are the matching funds coming from(i.e. In-Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? X Yes No If no,how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 22,362.00 Grant Amount Other Match Costs Not Covered Match Total First Year $ 22,362.00 $ $ $22,362.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparers Date: May 26,2015 131 6/9/2015 Mips!/grants.ajp.usdoj.gov/gmsexternal/applicationReview.do?print=yes APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application Identifier STATE Application Non-Construction 4. DATE RECEIVED BY Federal Identifier FEDERAL AGENCY 5.APPLICANT INFORMATION Legal Name Organizational Unit Indian River County IRC Board of County Commissioners Address Name and telephone number of the person to be contacted on matters involving this 1801 27th St application Vero Beach, Florida 32960-3388 Grier, Amber (772) 978-6214 6. EMPLOYER IDENTIFICATION NUMBER(EIN) 7. TYPE OF APPLICANT 59-6000674 County 8. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT NUMBER: 16.738 CFDA EDWARD BYRNE MEMORIAL JUSTICE Information Technology Project TITLE: ASSISTANCE GRANT PROGRAM 12. AREAS AFFECTED BY PROJECT Indian River County 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date: October 01, 2014 End Date: September 30, 2016 a. Applicant b. Project FLO8 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO Federal $22,362 REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? Applicant $0 State $p Program has not been selected by state for review Local $0 Other $0 Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? 132 httpsJ/grants.ojp•usdoj.govlgmsexternal/applicationReview.do?print=yes 1/2 6/92015 yes TOTAL I$22,362 IN 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. Close Window 2/233 haps J/grants.ojp.usdoj.gov/gmsexternal/appl icationReview.do?print=yes FY 2015 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG)- ABSTRACT Applicants Name: Indian River County Sub-recipient—Indian River County Sheriff's Office Title of Project: FY 2015 Local Solicitation - Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation - Information Technology Project Goals of Project: To purchase high-powered computer hardware/software to maximize system support, structure, and data security. Strategies: All items will be purchased by December 31, 2015.The Indian River County Sheriffs Office will use the 2015 Edward Byrne Memorial JAG: Local Solicitation funds to purchase necessary computer hardware for our Information Technology Section. This technology is crucial to our agency in order to increase the efficiency of police in ways that ultimately improve their service and performance. The Information Technology Section is staffed with nine personnel to provide support and service to approximately 550 employees and volunteers, along with providing technological support to several municipalities within Indian River County. The computer hardware is essential to enhance security for our police information systems;to deploy, implement, and execute resources vital to deputies and citizens of Indian River County; and to increase officer safety significantly by minimizing down time. Project Identifiers: 1. Computer Software/Hardware 2. Equipment-General 134 FY 2015 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG)- PROGRAM NARRATIVE The Indian River County Sheriff's Office will use the 2015 Edward Byrne Memorial JAG: Local Solicitation funds to purchase nine high-powered desktop computers for its' Information Technology Section. Currently,the Indian River County Sheriff's Office (IRCSO)virtual network environment houses 90%of all mission essential data which requires thorough testing prior to implementing any upgrades or performing necessary maintenance. Additionally, IRCSO is the host agency for mobile computing to the Indian River County Emergency Services Department, Fellsmere Police Department, and the Indian River Shores Public Safety Department. The requested equipment will ensure that the Information Technology Section is properly outfitted with equipment necessary to provide network security and support to all first responders, and continue providing vital resources to the citizens of Indian River County throughout the two year funding period. 135 FY 2015 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG)- BUDGET Quanti Descri mtion Unit Price Total 8 Dell Precision T1700 MT Deskto. Com l uters $2,409.00 $ 19,272.00 1 A A.Ile iMac 27-inch Deskto. Commuter $3,090.00 $3,090.00 IZ,, Total 1. : t Amount $ 22,362.00 2015 JAG Grant Award= $22,362.00 Match= None Required Total Program Money= $22,362.00 Budget Narrative The Indian River County Sheriff's Office (IRCSO)will use the 2015 Edward Byrne Memorial JAG: Local Solicitation funds to purchase eight high-powered Dell desktop computers and one high-powered Apple desktop computer. Currently,the Indian River County Sheriffs Office virtual network environment houses 90%of all mission essential data and mobile computing connectivity to three municipalities within Indian River County. The requested computer hardware is vital to the security and integrity of data, and to mission essential support that IRCSO is able to provide to all first responders and citizens of our county. All equipment shall be purchased no later than December 31, 2015 and all costs were determined based on competitive pricing quotes. 136 FY 2015 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG)- REVIEW NARRATIVE Applicants Name: Indian River County Sub-recipient—Indian River County Sheriffs Office Title of Project: FY 2015 Local Solicitation - Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation - Information Technology Project The State of Florida made its Fiscal year 2015 JAG application available to the Indian River County Board of County Commissioners.The Board of County Commissioners intend to review and/or comment on the grant application on Tuesday,June 23, 2015.There are no foreseen changes to the grant application that will be submitted June 26, 2015. Indian River County has made its Fiscal Year 2015 JAG application available to citizens for comment prior to application submission via posting to the government of Indian River County's website (www.ircgov.com) and the Indian River County Sheriffs Office website (www.ircsheriff.org)on May 26, 2015. Public discussion was made available on the June 23, 2015, Board of County Commissioners meeting for citizen's comments. 137 FY 2015 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG)- Disclosure of Pending Applications Applicants Name: Indian River County Sub-recipient—Indian River County Sheriffs Office Title of Project: FY 2015 Local Solicitation - Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation - Information Technology Project Neither Indian River County, nor Indian River County Sheriffs Office, have pending applications submitted within the last 12 months for federally funded assistance that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. 138 +4vjo11. - Z Office of Public Hearings 06/23/2015 : r *' INDIAN RIVER COUNTY •stoRiDt• ATTORNEY Dylan Reingold.,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners OA THROUGH: Robin Miller, Housing Program Manager (diti FROM: William K. DeBraal, Deputy County Attorney 1 DATE: June 12, 2015 SUBJECT: Approval of Indian River County Public Housing Agency 5-Year and Annual Plan and Accompanying Resolution Indian River County participates in various US Department of Housing and Urban Development (HUD) programs. According to HUD guidelines, the County's Housing and Rental Assistance Department meets the definition of a Public Housing Agency(PHA)which makes the County eligible for federal housing funds. While federal regulations govern the program, our participation satisfies the Housing Element contained in the County's Comprehensive Plan, Chapter 7. In order to comply with program guidelines, every 5 years the County must submit its updated 5-Year Plan to HUD. The attached PHA 5-Year and Annual Plan updates the County's existing Plan by revising goals to increase private sector program participation and provide increased services to veterans. Plan Elements have also been updated to better reflect Civil Rights Certification and compliance with the Violence Against Women Act. One of the County's housing programs is the Housing Choice Voucher Program, formerly known as Section 8 Housing. The new Plan contains a numeric breakdown by zip code of active participants according to age, sex, nationality and disability. The Administrative Plan for the Housing Choice Voucher Program, formerly known as Section 8 Housing has also been updated to comply with HUD federal regulation changes. Additionally, the Enterprise Income Verification System is being used to analyze client data to verify income reported by applicants. A copy of the security procedures for this data is attached to this memorandum. Cu ACP(04e) �Daate �/ te11 r.'TT C„ED FOR ( _ —/ H:9,11 I Kfuti iV10 £3.0.0. MEE I Ii,G -p r•,!� rl �u�CI � COUNTY ATTORNEY 139 Approval of Resolution for PHA 5-Year and Annual Plan June 12, 2015 Page 12 Federal regulations require the Board to approve by resolution the PHA 5-Year and Annual Plan. The Chairman is also required to sign the Civil Rights Certification and the PHA Certifications of Compliance with PHA plans and Related Regulations. The Administrative Plan for the Housing Choice Voucher Program referenced above and in the resolution consists of hundreds of pages and can be viewed during regular business hours at the County Attorney's Office. Funding: There is no funding associated with this matter. Recommendation. Staff recommends the Board approve the resolution adopting the PHA 5-Year and Annual Plan and authorize the Chairman to execute the resolution, Civil Rights Certification and the PHA Certifications of Compliance with PHA plans and Related Regulations on behalf of the Board. Copies to: Stan Boling, Community Development Director Robin Miller, Housing Program Manager 140 RESOLUTION 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FIVE YEAR AND ANNUAL PUBLIC HOUSING AGENCY PLAN FOR INDIAN RIVER COUNTY. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires each Public Housing Agency (PHA) to approve and submit a Five Year and Annual Plan to HUD; and WHEREAS, Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 created the agency Five Year and Annual Plan requirements; and WHEREAS, the Indian River County Board of County Commissioners Rental Assistance Department Housing Choice Voucher (HCV) Program Five Year and Annual Plan will include attachments and supporting documents such as the HCV Administrative Plan, Enterprise Income Verification (EIV) policy and required certifications; and WHEREAS, the public was duly notified of a public hearing to be held on June 23, 2015 at 9:00 am at the Indian River County Board of County Commission Chambers, 1801 27th Street, Vero Beach, Florida. WHEREAS, a public hearing was held at the above date and time and all public comments have been taken into consideration and the Indian River County Board of County Commissioners Rental Assistance Department has documented, prepared and submitted all necessary changes, as appropriate; and WHEREAS, the Indian River County Board of County Commissioners Rental Assistance Five year and Annual Plan with attachments and supporting documents will take effect for October 1, 2015; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Indian River County Board of County Commissioners accepts, approves and adopts the IRC Five Year and Annual Plan and attached hereto, which will be effective October 1, 2015 and used by staff to appropriately administer the Housing Choice Voucher Program. 141 RESOLUTION 2015- The foregoing Resolution was offered by Commissioner and 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 duly passed and adopted this 23rd day of June, 2015. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Wesley S. Davis, Chairman Approved: Josep A :aird Coun £ • inistrator LIP Approved as to form and legal sufficiency: iff-Lit00 William K. DeBraal Deputy County Attorney 142 PHA 5-Year and U.S.Department of Housing and Urban OMB No.2577-0226 Annual Plan Development Office of Public and Indian Housing 1.0 PHA Information PHA Name: Indian River County Board of County Commissioners PHA Code:FL132 PHA Type: 0 Small ❑High Performing 0 Standard ®HCV(Section 8) PHA Fiscal Year Beginning:10/2015 2.0 Inventory(based on ACC units at time of FY beginning in 1.0 above) Number of PH units: n/a Number of HCV units:379—(345 HCV and 29 VASH Vouchers) 3.0 Submission Type ®5-Year and Annual Plan ❑Annual Plan Only ❑5-Year Plan Only 4.0 PHA Consortia ❑PHA Consortia:(Check box if submitting a joint Plan and complete table below.) No.of Units in Each Participating PHAs PHA Program(s)Included in die Programs Not in the Program Code Consortia Consortia pH HCV PHA1: • PHA 2: PHA 3: 5.0 5-Year Plan.Complete items 5.1 and 5.2 only at 5-Year Plan update. 5.1 Mission. State the PHA's Mission for serving the needs of low-income,very low-income,and extremely low income families in the PHA's jurisdiction for the next five years: The Indian River County Board of County Commissioners is committed to partnering with private owners and property managers in an efficient, professional and ethical manner as a team effort to provide decent,safe,sanitary and affordable housing for the clients that we serve in this community and to enhancing the housing stock for under privileged and low income,including seniors'and CPO To assist and prepare low to moderate income residents in making a transition to a greater financial security;and To provide our clientele with empathy,dignity and responsive customer service;and To provide the highest quality customer service,with uncompromised integrity. L form HUD-50075(4/2008) 5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low-income and very low-income,and extremely low-income families for the next five years. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. Current goals and objectives: . 1. Expand the supply of assisted housing by: • Applying for additional vouchers as they become available from HUD or any other State funded program; • Conducting outreach efforts to potential landlords. 2. Improve the quality of assisted housing by: • Focusing of efforts to improve specific management functions,such as rent reasonableness reviews,income verification,voucher unit inspections and appropriate response to program violations on the part of the assisted tenants,including criminal activity; 3. Promote self-sufficiency and asset development of assisted households by: • Providing or attracting supportive services to improve recipients'employability and to educate recipient's on homeownership programs. 4. Administration of the HCV Program with excellence by: • • Maintaining 95%or better utilization rate; • • Providing quality service to customers and clients through open communication,workshops and/or meetings to explain the HCV Program,and completing no less than 98%of all annual recertification's on time. Progress on meeting the goals and objectives: 1. Expand and increase the amount of resources of assisted housing and increase the availabilityfor persons in need: • HUD allocated 15 VASH Vouchers for homeless veterans in Indian River County. 2. Improve the quality of assisted housing: • Attained additional landlords to participate in our HCV program. 3. Promote self-sufficiency and asset development of assisted households: • Partnered with additional supportive service agencies to assist our households in providing participants with additional available supportive services. 4. Increase assisted housing choices: • • Provided additional portability counseling for our assisted households. form HUD-50075(4/2008) /1711Y PHA Plan Update (a) Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: Changes to the Five Year/Annual Plan: Changed PHA to Indian River County Board of County Commissioners and changes 10 the HCV Program • Administration Plan via updates to chapters 1 through 17,which have been revised to meet HUD federal regulation changes effective for October 1,2015;Chapter 3,added: "Any criminal act that constitutes moral turpitude";Chapter 4,changed: "A preference will be offered to any family that has been residing in Indian River County for the past "24 months"to "12 months".",Chapter 6,added minor changes,Chapter 11,added minor changes,Chapter 13,added: "Foreclosure(HUD-52641 and Notice PIN 2010-49],Chapter 16,added:IRC purchasing policy compliance for expenditures. (b) Identify the specific location(s)where the public may obtain copies of the 5-Year and Annual PHA Plan. Indian River County Board of County Commissioners-Rental Assistance Department,1028 20'Place,Suite C, Vero Beach,Florida 32960 For a complete list of PHA Plan elements,see Section 6.0 of the instructions. Plan Elements: 1. Eligibility,Selection and Admissions Policies,including De-concentration and Wait list Procedures: Available and addressed in the Administrative Plan; • 2. Financial Resources: Attached 3. N/A 4. N/A 6.0 5. Grievance Procedures: Available and addressed in the Administrative Plan; 6. N/A 7. N/A 8. N/A 9. N/A 10. Civil Rights Certification:Attached Certification;Additional information available and addressed in the Administrative Plan 11. Fiscal Year Audit:Attached 12. N/A 13. Violence Against Women Act 9VAWA): SafeSpace,Inc:Memorandum of Agreement to Collaborate;Additional information available and addressed in the Administrative Plan. 7.0 Hope VI,Mixed Finance Modernization or Development,Demolition and/or Disposition,Conversion of Public Housing,Homeownership Programs,and Project-based Vouchers. Include statements related to these programs as applicable. N/A 8.0 Capital Improvements. Please complete Parts 8.1 through 8.3,as applicable. N/A 8.1 Capital Fund Program Annual Statement/Performance and Evaluation Report. As part of the PHA 5-Year and Annual Plan,annually complete and submit the Capital Fund Program Annual Statement/Performance and Evaluation Report,form HUD-50075.1,for each current and open CFP grant and CFFP financing. NM 8.2Capital Fund Program Five-Year Action Plan. As part of the submission of the Annual Plan,PHAs must complete and submit the Capital Fund Program Five-Year Action Plan,form HUD-50075.2,and subsequent annual updates(on a rolling basis,e.g.,drop current year,and add latest year for a five year period). Large capital items must be included in the Five-Year Action Plan. N/A 83 Capital Fund Financing Program(CFFP). 0 Check if the PHA proposes to use any portion of its Capital Fund Program(CFP)/Replacement Housing Factor(RHF)to repay debt incurred to finance capital improvements. N/A 145 form HUD-50075(4/2008) Housing Needs. Based on information provided by the applicable Consolidated Plan,information provided by HUD,and other generally available data,make a reasonable effort to identify the housing needs of the low-income,very low-income,and extremely low-income families who reside in the jurisdiction served by the PHA,including elderly families,families with disabilities,and households of various races and ethnic groups,and other families who are on the public housing and Section 8 tenant-based assistance waiting lists.The identification of housing needs must address issues of affordability,supply,quality,accessibility,size of units,and location. Active HCV Participants: 1. HCV Section 8 Household composition report(HAPPY Software as of February 10,2015): Member Count: 715 Elderly: 164 Disabled: 166(count includes some elderly) Female: 490 Hispanic: 51 Household Composition report grouped by Zip Code: 32948: Member Count=8,Elderly=2,Disabled=l,Female=5,Hispanic=1 32958: Member Count=100,Elderly-42,Disabled=21,Female=70,Hispanic=l2 32960: Member Count=182,Elderly=23,Disabled=45,Female=118,Hispanic l8 32962: Member Count=176,Elderly=51,Disabled=28,Female=119,Hispanic=3 32966: Member Count=59,Elderly=38,Disabled=34,Female=44,Hispanic 4 32967: Member Count=180,Elderly=8,Disabled=34,Female' 125,Hispanic=13 32968: Member Count=9,Elderly=0,Disabled=3,Female=6,Hispanic*Zi Average Annual Total Income: $13,464.15 Active HCV Waiting List report: 2. Waiting list total as of February 16,2015: 327 3. Totals by income percentage(HAPPY Software as of February 16,2015): Extremely low income=212 64.83% Very low income= 113 34.56% Low income= 1 .31% Over income limit= 1 .31% 4. Totals by Ethnicity: Hispanic=22 6.69%and Non-Hispanic=256 78.29% 5. Totals by Racial Group: 9.0 American Indian/Alaska Native 0.00% Asian 0.00% Black/African American 266 81.35% Native Hawaiian/Pac.Island 0.00% White 30 9.17% 6. Totals by Bedroom Size: 1 BR: 77 2 BR:194 3 BR: 50 4 BR: 6 Indian River County Board of County Commissioners Comprehensive Plan Housing Elements(known as the Consolidated Plan)states: COST BURDEN(from Indian River County Board of County Commissioners Comprehensive Plan): Generally,households needing assistance are those households in the extremely low and very low income categories.Those are households with annual incomes less than$24,999.According to the Census,14,698 Indian River County households were in those two income categories in 2000. Because of high housing costs,many of those 14,698 households may have housing affordability problems. For renter households,housing cost includes contract rent and some allowance for utilities.In 2000,4,414(40.30%)renter households with the county were paying more than 30 percent of their income for rent.In some cases,this represents an affordability problem,but in other cases this represents people choosing to spend a higher percentage of their income to obtain better housing. According to the Shimberg Center for Affordable Housing,13,577 Indian River County households paid more than 30%of their income for housing in 2005.In that same year,5,066 of those households paid more than 50%of their income for housing. Table below,provides a breakdown of cost burden between homeowner's and renters: Households paying between 30- Households paying more than Total 50%of income for housing 50%of income for housing Owner households 5,747 3,113 8,860 Renter households 2,764 1,953 4,717 Total 8,511 5,066 13,577 146 form HUD-50075(4/2008) Table below,provides a breakdown of cost burden by income group: Household income as Households paying between 30- Households paying 50%or Total percentage of Area Median 50%of income for housing more of income for housing Income(AMI) (ELI)Less than 30%AMI 764 2,178 2,942 (VLI)30-50%AMI 2,531 1,970 4,501 (LI) 51-80%AMI 1,796 434 2,230 (MI) 81-120%AMI 3,420 484 3,904 Total 8,511 5,066 13,577 SPECIAL HOUSING NEEDS(from Indian River County Board of County Commissioners Comprehensive Plan): In determining housing needs,there are several population categories that warrant particular consideration. These are the elderly,the low income disabled,and farmworkers. One population category that warrants special consideration from a housing needs perspective is the elderly. The following table shows the percentage of Indian River County households headed by a person 65 or older as reported by the 1990 census,the 2000 census,and the 2005 Shimberg Center for affordable housing estimate: Percentage of Elderly Head of Households-Indian River County 1990 Census 2000 Census 2005 Shimberg Percentage of Households headed by a person of 65 or older 28.75% 36.09% 41% Compared to other areas,Indian River County has a high percentage of elderly households.According to Shimberg Center for Affordable Housing, elderly households,in 2005 constituted 27%of all households statewide,while elderly households constituted 41%of all county households. In Indian River County,future housing needs for elderly households(65+)were projected by utilizing Shimberg Center figures which indicate that, in 2005,41%of households were headed by an elderly person. The following table shows the projected number of elderly households within the county through 2030: (Current 2013 Shimberg data is available on-line) Projected Number for Housing for Elderly(65+) (41%of Total Housin Units) 2010 2015 2020 2025 2030 Elderly households (County total) 29,821 32,480 35,477 38,432 41,261 The County targets its housing assistance resources to very low,low,and moderate income elderly households.By targeting assistance to very low, low and moderate income households generally,the county also provides assistance to elderly households which fall in those income categories and need assistance. PROJECTED HOUSING NEEDS(from Indian River County Board of County Commissioners Comprehensive Plan): Housing need is defined as the number of new dwelling units that must be constructed within a certain timeframe to accommodate a projected future population. For Indian River County,the University of Florida Bureau of Economic and Business Research(BEBR)population projections are used to project the number of future households and,consequently,the number of units needed to house those households.Assuming a 15%rate for seasonal and vacant units,the total needed units are then calculated. For years 2010,2015,2020,2025,and 2030,the total number of additional units needed was determined by subtracting existing units from projected units.Based on those projections,an additional 26,839 units must be constructed between now and 2030. As in the past,virtually all of the housing units needed by 2030 will be constructed by the private sector.As such,market demand will dictate the pace of housing construction through 2030,and no county policies are needed to ensure that overall housing needs are met.While overall housing need will be met by the private sector,government assistance will be needed for those households in the lowest income categories. Treasure Coast Homeless Services Council,Inc.—Point In Time Report-Homelessness Fact Sheet for Indian River • County Reporting agencies: Unsheltered: IRC Jail,New Horizons,The Source,Public Defender's office,Project Response,IRC-Vets,IRC School District,Fellsmare Community Enrichment Program,Breath of Heaven:Sheltered:Homeless Family Center,Samaritan Center, CHS—Youth Transition Center,Woman's Home,Safe Space. January 30,2015: Total Homeless in County(HUD)=812 Adults=550 Children=262 Disabled Adults=71 Unemployed Adults=80 Other Subset Data: Put Foster Care=12 Persons 18-24=22 Veterans=31 Elderly 62+=19 form HUD-50075(4/2008) 147 Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. Note: Small,Section 8 only,and High Performing PHAs complete only for Annual Plan submission with the 5-Year Plan. Strategy 1: Maximize the number of affordable units available by: • Establishing appropriate payment standards that will enable families to lease throughout Indian River County; • Aggressively marketing of the HCV Program to owners of units outside areas of minority and poverty concentration; • Participating in the Consolidated Plan process and development to ensure coordination of broader community strategies. Strategy 2: Increase the number of affordable housing to families in need by: • Applying for additional funding to lease up HCV vouchers should they become available; • Complying with subsidy standards in the HCV Administrative Policy; • Working with developers to encourage the creation of additional affordable rental units in targeted areas as identified in the County's comprehensive(consolidated)plan; 9.1 • Working with the Community Development Block Grant Director to ensure the development of units affordable to families at or below 50%of area median income(AMI). Strategy 3: Target available assistance for the elderly by: • Applying for special-purpose vouchers targeted to assist the elderly should these vouchers become available; • Affirmatively marketing to local non-profit agencies that assist the elderly population; • Continuing with preferences for the homeless one bedroom elderly population; Strategy 4: Target available assistance for the disabled by: • Applying for special-purpose vouchers targeted to assist the disabled should these vouchers become available; • Partnering and resourcing with local non-profit agencies that assist disabled head of households. Strategy 5: Coordinate activities to affirmatively broaden fair housing by: • Counseling and providing resources to housing participants as to location of units available outside of areas of poverty or minority concentration; • Resourcing and marketing to homeowners and property owners interested in participating in the Housing Choice Voucher Program; • Coordinating and providing fair housing meetings and/or workshops with HCV participants and HCV Landlords. Additional Information. Describe the following,as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's progress in meeting the mission and goals described in the 5- Year Plan. The Indian River County Board of County Commissioners Rental Assistance Department HCV Program has made progress in meeting the Mission and Goals as established in the 5 year and Annual Agency Plan and HCV Administration Plan by: 1. Utilized the maximum housing assistance payment funds received by HUD by maintaining 98%of unit utilization for the HCV 10.0 Program; 2. Conducted education meetings to the HCV Program participants and HCV—Section 8 landlords; 3. Provided resources to our HCV Program participants to promote self-sufficiency; 4. Established Payment Standards to enable families to rent decent and affordable rental units in Indian River County; 5. Received 15 VASH Vouchers for the homeless Veterans in need. (b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of"significant amendment"and"substantial deviation/modification": The Indian River County Board of County Commissioners Rental Assistance Department HCV Program defines"Significant Amendments"to be changes to Federal Regulations that may be required by HUD and any changes to the HCV Admin Policy which would significantly and substantially alter the HCV Program mission;and The Indian River County Board of County Commissioners Rental Assistance Department HCV Program defines"Substantial Deviation/Modifications"as a fundamental change to the HCV Program mission statement,goals or objectives identified in the Five Year and Annual Plan. form HUD-50075(4/2008) 148 11.0 Required Submission for HUD Field Office Review. In addition to the PHA Plan template(HUD-50075),PHAs must submit the following documents. Items(a)through(g)may be submitted with signature by mail or electronically with scanned signatures,but electronic submission is encouraged. Items(h)through(i)must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field Office. (a) Form HUD-50077,PHA Certifications of Compliance with the PHA Plans and Related Regulations(which includes all certifications relating to Civil Rights)-ATTACHED (b) Form HUD-50070,Certification fora Drug-Free Workplace(PHAs receiving CFP grants only)-N/A (c) Form HUD-50071,Certification of Payments to Influence Federal Transactions(PHAs receiving CFP grants only)-N/A (d) Farm SF-LLL,Disclosure of Lobbying Activities(PHAs receiving CFP grants only)-N/A (e) Form SF-LLL-A,Disclosure of Lobbying Activities Continuation Sheet(PHAs receiving CFP grants only)-N/A (f) Resident Advisory Board(RAB)comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations.- NO COMMENTS RECEIVED (g) Challenged Elements-NO ELEMENTS CHALLENGED (h) Form HUD-50075.1,Capital Fund Program Annual Statement/Performance and Evaluation Report(PHAs receiving CFP grants only)—N/A (i) Form HUD-50075.2,Capital Fund Program Five-Year Action Plan(PHAs receiving CFP grants only)—N/A • L form HUD-50075(4/2008) ��9 PHA Certifications of Compliance U.S.Department of Housing and Urban Development Office of Public and Indian Housing with PHA Plans and Related Expires 4/30/2011 Regulations PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan Acting on behalf of the Board of Commissioners of the Public Housing Agency(PHA)listed below,as its Chairman or other authorized PHA official if there is no Board of Commissioners,I approve the submission of the X 5-Year and/or X Annual PHA Plan for the PHA fiscal year beginning ip\aol 5 hereinafter referred to as"the Plan",of which this document is a part and make the following cert cations and agreements with the Department of Housing and Urban Development(HUD)in connection with the submission of the Plan and implementation thereof I. The Plan is consistent with the applicable comprehensive housing affordability strategy(or any plan incorporating such strategy)for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan,which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice,for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PHA certifies that there has been no change,significant or otherwise,to the Capital Fund Program(and Capital Fund Program/Replacement Housing Factor)Annual Statement(s),since submission of its last approved Annual Plan. The Capital Fund Program Annual Statement/Annual Statement/Performance and Evaluation Report must lie submitted annually even if there is no change. 4. The PHA has established a Resident Advisory Board or Boards,the membership of which represents the residents assisted by the PHA,consulted with this Board or Boards in developing the Plan,and considered the recommendations of the Board or Boards(24 CFR 903.13).The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing,published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964,the Fair Housing Act,section 504 of the Rehabilitation Act of 1973,and title II of the Americans with Disabilities Act of 1990. 7. The PHA will affirmatively further fair housing by examining their programs or proposed programs,identify any impediments to fair housing choice within those programs,address those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions. 8. For PHA Plan that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate,complete and timely manner (as specified in PIH Notice 2006-24); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside,including basic information about available sites;and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing; • The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications,as specified in 24 CFR part 903.7(c)(1). 9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41,Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 11. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968,Employment Opportunities for Low-or Very-Low Income Persons,and with its implementing regulation at 24 CFR Part 135. Previous version is obsolete Page 1 of 2 form HUD-50077(4/2008) /5a 12. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 14. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50,respectively. IS. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 17. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act,the Residential Lead-Based Paint Hazard Reduction Act of 1992,and 24 CFR Part 35. 18. The PHA will comply with the policies,guidelines,and requirements of OMB Circular No.A-87(Cost Principles for State, Local and Indian Tribal Governments),2 CFR Part 225,and 24 CFR Part 85(Administrative Requirements for Grants and Cooperative Agreements to State;Local and Federally Recognized Indian Tribal Governments). 19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection.All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 21. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA Board of Directors(or similar governing body);and (iii)The revised policies and programs are available for review and inspection,at the principal office of the PHA during normal business hours. 22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements. .+- t o i 4,1 r4't ik.re Ne—Orkt_o..4- txtekt.! riFe--ANi t-r;mkSmner$ EL 1 3 PHA Name PHA Number/HA Code APPROVED AS TO FORM t/'-5-Year PHA Plan for Fiscal Years 2014 -20cAND LEGAL SUFFICIENCY v'"Annual PHA Plan for Fiscal Years 20 R. -2011 9Y DYLAN REINGOLD COUNTY ATTORNEY I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate Warning: HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil oenaljies. 118 U.S.C.1001.1010.1012.31 U.S.C.3719.38021 Name of Authorized Official Title Signature Date L Previous version is obsolete Page 2 of 2 form HUD-50077(4/2008) Civil Rights Certification U.S.Department of Housing and Urban Development Office of Public and Indian Housing Expires 4/30/2011 Civil Rights Certification Annual Certification and Board Resolution Acting on behalf of the Board of Commissioners of the Public Housing Agency(PHA)listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioner,I approve the submission of the Plan for the PHA of which this document is a part and make the following certification and agreement with the Department of Housing and Urban Development (HUD)in connection with the submission of the Plan and implementation thereof The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964,the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990, and will affirmatively further fair housing. Indian River .County Board of County Commissioners FL132 PHA Name PHA Number/HA Code • I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate.Warning:HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties.(18 U.S.C.1001,1010,1012;31 U.S.C.3729,3802) Name of Authorized Official Title Signature Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY form HUD-50077-CR(1/2009) OMB Approval No.2577-0226 EIV SYSTEM: SECURITY PROCEDURES FOR UIV DATA 1.0 Introduction The Enterprise Income Verification System (EIV) is a system intended to provide a single source of income-related data to Agencies and HUD (hereafter referred to as Program Administrators) for use in verifying the income reported by tenants participating in the various assisted housing programs. The office of Public and Indian Housing is responsible for administering and maintaining the EIV system. The EIV system assists the Program Administrators in the upfront verification of tenant income by comparing the tenant income data obtained from various sources including: • Tenant-supplied income data is captured on Form HUD-50058 —Family Report and maintained in the Public Housing Information Center(PIC) database; • Department of Health and Human Services' National Directory of Nev, Hires Data(NDNH) • Social Security and Supplemental Security Income from the Social Security Administration; and, • User Profile information from the PIC database. Upfront income verification tenant data should only be used to verify a tenant's eligibility for participation in a HUD rental assistance program and to determine the level of assistance the tenant is eligible to receive. Any other use, unless approved by the HUD Headquarters EIV Coordinator or EIV Security Officer, is specifically prohibited and may result in the imposition of civil or criminal penalties on the responsible person or persons. Further, no adverse action can be taken against a tenant until the Program Administrator has independently verified the UIV information and the tenant has been granted an opportunity to contest any adverse findings through the established grievance process, or other legal procedures. 1.1 Applicability The procedures outlined in this document apply to Program Administrators that have access to the EIV system and UIV data and administering the Housing Choice Voucher Program. 1.2 Purpose The purpose of this document is to provide guidance to assure that the practices, controls and safeguards used by Program Administrators adequately protect the confidentiality of the tenant wage data and are in compliance with the Federal laws regarding the protection of this information; reduce the risk of a security violation related to the EIV system's software, network, or applications; identify and authenticate all users seeking access to the UIV data; deter and detect attempts to access the system without authorization: monitor the user activity on the EIV system. 153 Policy: • Each EIV user is required to have their own User ID and Password. • Only authorized persons will access the EIV data system. • All EIV information will be documented on an EIV third party verification form. • All EIV information is not to be printed or saved to a hard drive, unless authorized by the HCV Program Security Coordinator. • If approved; EIV information that is printed or saved to a hard drive, must be locked and monitored in a metal file cabinet or stored in a designated secure area. • If stored in a restricted area, it must be prominently posted with signs or entry indicators identifying them as such and with limited points of entry. • All EIV information, if printed or saved to a hard drive, must be destroyed as soon as it has served its purpose. • All UIV originals and copies must be shredded. • A copy of Forms HUD-9886 or HUD 9887 must be signed by each adult member of the household and is kept in the household file. • All users must have signed a current User Agreement and have it on file. • Must maintain a key control log to track the inventory of keys available for secure buildings, rooms, or file cabinets, the number of keys issued and to whom the keys are issued. • Ensure that combination locks are reset regularly and all keys are returned, including whenever an employee leaves the program administrator's staff or office. • Ensure that UIV information is disposed of in an appropriate manner. • Must maintain a log of all documents that have been shredded including the name of the employee who conducted the disposal, a description of the documents. the method of disposal, and the date of the disposal. • All users of UIV will have security awareness training as deemed necessary by the Program Administrator. • Maintain a record of all personnel who have attended training sessions. • Section 8 Program Director will immediately report any evidence of unauthorized access or known security breaches to the HUD Field Office of Public Housing. All evidence will be provided to the HUD Field office in writing and all security violations regardless of whether the security violations were intentional or unintentional. • Users are given access to the system based on a need to perform specific work and shall only access the information for which they are specifically authorized. • Users shall be held accountable for their actions while accessing the system. Be aware that all computer resources are monitored and audited by HUD. 154 SAFEGUARDS PROVIDED BY THE PRIVACY ACT The Privacy Act provides safeguards for individuals against invasions of privacy by requiring Federal agencies, except as otherwise provided by law or regulation, to: 1. Permit individuals to know what records pertaining to them are collected. maintained, used, or disseminated; 2. Allow individuals to prevent records pertaining to them, obtained for a particular purpose, from being used or made available for another purpose without their consent; 3. Permit individuals to gain access to information pertaining to them, obtain a copy of all or any portions thereof, and correct or amend such records; 4. Collect, maintain, use, or disseminate personally identifiable information in a manner that ensures the information is current and accurate, and that adequate safeguards are provided to prevent misuse of such information; 5. Permit exemption from the requirements of the Act only where an important public policy need exists as determined by specific statutory authority; and 6. Be subject to a civil suit for any damages that occur as a result of action that violates any individual's rights under this Act. 155 CRIMINAL PENALTIES ASSOCIATED WITH THE PRIVACY ACT The Privacy Act of 1974 as amended, 5 U.S.C. — 552 (a) (i) 1. CRIMINAL PENALTIES. - - Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established there under, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. 2. Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e) (4) of this section shall be guilty of a misdemeanor and fined not more than $5,000. 3. Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000. 156 USER AGREEMENT I read the above policy regarding system security awareness and practices when accessing the PIH-REAC's information technology resources. I understand the policies and procedures as set forth above, and I agree to comply with these requirements as a condition of being granted limited access to the Enterprise Income Verification (Ely) System and data. As an authorized user of the Enterprise Income Verification System, I understand that information obtained may only be used for official HUD and HCV Program Agency business. I understand that only authorized HUD or County employees may access. disclose, inspect and use upfront verification (UIV) data. I also understand that willful unauthorized inspection of UIV data can result in civil and criminal penalties. The penalties are as follows: • Unauthorized disclosure can result in a felony conviction and a fine of up to $5,000.00 and/or imprisonment up to five (5) years, as well as civil penalties. • Unauthorized inspection of UIV data can result in a misdemeanor penalty of up to $1,000.00 and/or one (1) year imprisonment, as well as civil damages. I understand and agree to follow all HUD HCV Program Agency standards, policies and procedures. EIV System User's Name EIV System User's Name Date (Signature) (Print) Copy—File 157 KEY ACCOUNTABILITY RECORD PROGRAM ADMINISTRATOR NAME: KEY TO TOTAL TOTAL ISSUED PERSON ISSUED KEY AVAILABLE 158 PROGRAM ADMINISTRATOR ACKNOWLEDGMENT OF RECEIPT OF KEYS I, acknowledge receipt of a key to the (Print Employee Name) (State which File Cabinet or Door) I understand that I: 1. Must not make unauthorized copies of key. 2. Must safeguard the key and not give it to anyone else. 3. Must not use the key to give access to unauthorized persons. I also understand that unauthorized disclosure of Enterprise Income Verification (EIV) data can result in a felony conviction punishable by a fine of up to $5000 and/or imprisonment up to five (5) years, as well as civil penalties. Also. unauthorized inspection of EIV data can result in a misdemeanor penalty of up to $1000 and/or one (1)-year imprisonment, as well as civil penalties. Signature of Recipient Date Signature of Program Administrator Date 159 EIV DISPOSAL LOG Name of Employee: What was Disposed: How was it disposed? Witness /Title Date of Disposal: 160 SECURITY AWARENESS TRAINING ATTENDANCE RECORD Date of Training: Business Area/Office of Training: Employee 1. 2. 3. 4. 5. 161 TREASURE COAST • NEWSPAPERS TCP Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 Treasure Coast Newspapers AFFIDAVIT OF PUBLICATION • STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. • Ad Pub Customer Number Date Copyline PO# IND RIVER CO RENTAL DEPART 2690327 5/1/2015 PUBLIC NOTICE MEETING 6/23/2015 NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT • SEPARATE PAGES Sworn to a' nd ubscribed befor me this day of, May 01, 2015, by . 0 ` ` " �. K-WTh,_„ (S Ls , who is Sherri Cipriani NJ [X] personally known to me or [ ] who has produced as identification. 1.1,1 OtINA ft ..2,y7X7:7A r 2e1,7 Sandra Coldren Notary Public " SANDRA COLDREN A"iti •' 'I MY COMMISSION#FF 004035 ' EXPIRES:April 1,2017 ti iffr3td Bonded Thru Notary Public Underwriters' I/„I. ' 1 V . TIXIUSTSWB c <7) Alim'c'''''- ''''''Ad‘;"'..W""""""""at"Wi BUR' ST LUCE THE AFORESAID FICTICIOUS NAME IN Pm ovisio.ITU • • tIon to.....lose a Ceehea Tn ma. •..fol. Ch.of tho OFC4i1 .g CO 4 CLEM CAW P7se°1"n"ca=tr.FL.."(basinGeden.I aT FI..rd.Iso.NEW.TRIBUNE ITE Court "ol Me Ad.06.16 * NOTICE UNOER .,...wt, !awl n I d es.r lb e d TIA,ESUBJECT TO ncnnous NMAE . '".' ' property locoed in Ihd a....Poore ors WON't Last! ;,;':,,..lE,,,,, ,1,1=t7"..ma 5:tr.-... TAXES.ALL PRIOR LAW PURSUANT TO ' .. . MALAN County. Deputy Whoa C C ......T... IN.Indl River available upon re-ren.nel..- LIEN,A,Nr.C,k/I/ H 0 KOENTOirSTAiumS Err,"Aczoi LOT 6,WOODSIDE.279.0A ,.. 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IA-.""dr:arto In-LORMIG DESCRIBED To 3 wainen,.... ...Tom'4.12).0:,,kartAagfE.11,i :,..p..714.1.c.,241......rot CD woe naamt•.L St Fogy nod NOTICE IS HEREBY A,.,A.o.......,PERSONAL MOPE.I."7""24,...".. 1..°L06 EMACHIM CONFUTER IMMO aa.IdemineeliserWconeentraml For speech or..--t. •aired,.I- INVENTORY./781 ONE 111 LUCK EMA *an...11...."ww TNTW'''''17".s.'" ' La'''""".',124:L".. Is'r'T°H.Th TA .'77 VI CHINE KEMOARD IPSLPO INVENT. FRWOrdw.woo*Pont WM.The L: al c W41`1'11.''''''. Cr"°A' "'"."°""""°""'W m'..""""" "W"E"'"" "Hr""CLIO. oro o 771 ONE III GRAY PROW.Tr onnown is di...hoc th.Memo """°'"""°" "MT"ER'. -""r°"*"*"‘pp........:_d-,1„...-MEWWWW.7""' ""d"WW.A. MONITOR IPSI•KO INVENTORY I 761 Ocean Now.a.eyeing.1•11,st em a) a_ o , .4-, . “ ....--- -----....-- "WA IN C°L°A "WIWI1".'". ONE 111 BLACK CANON PRINTER Proem.*LS.lee oN..re h.. 'AU."KS ""N"d""'r. •••"'""1"- TI°"T"BE"EL°T'''' '''''' U.S.PRESIDENTIAL t01,Fg01.1.r,), 7,1"."0"..t'ara.".:tkb.osa:4W.4 (r) 5, C a PUNIC NOTICE w he. ON THE 13711 DAY E 0 o "r- I TORN OF JUPITER ISLAND cp.., CONS (PQM INVENTORY#13)TWO fee.The polot a d.ar.le loc.6.•ap-T" W""AT'""__..E'.",' TIEr....' .• THOUSAND ONE HUNDRED FOUR prex.reely U I.o.M.'MAT N.lon. 12,) C T..=-• 0 NOTICE OF PROPOSED ORDINANCES ENACTMENT A,r•-•••.w.---;7"-.T.,?2.....7.?2777T's OROOLUICEI,..'.'.r DOLLARSME...)U.Ac&Cti.rtztE4g, croa.o.or al,........o lo ooro.cozn.,. > a) 0 Cl) ,., !`"' 7''''.--:'tV,.! '' I Pn""- J.CILLOGNICOM768 FORTY THOU- Str.Habe ,Florids 5.1416 in h. O 177 a) a) . " KUNIO 110110E OE 1111-11rE0 RAMO NINET4 DOLLARS AND d..1 6.NM at.0...A es soon NOTICE OF EIGHT tin Count y.T.a..,...,zrox. .soso"D currs 1.0.01.041M UN.CURRENCY IN P.M....OLET.T m ' Meeefter.rt.be hoard.the Teen Comasion o I do Toon a I AolOo Nee. NOTICE OF REOUFST FOR "T...M.",..a,4"CM,A. illiA81:1grattr8"ATIVig THOUSAND T the pre..F.1. Perlde e NM..."5..'...T.1.1.1 OUALFICATIONS A MO Isl.Roorn.2 Br..eve..E.erred •-•- EIGHT HUNDRED DOLMAS L52100.001 Any.....Perem.1.0.0.4. U.S CURRENCY N WELLS FARGO AC- coo..SEWS DOOS.,08.1.Net.- VI',,r.1.1""pr000sed""""oewage""Antereob""""A"- T°F.E"ALCrOX...°W.A°T"ICA.TIONS..E.I.CIACR.CEPR"TFIE007."C"M,,o,,o M,.........,n. c,COURT cE010.10,1.10.49177.PORT ST.L. .or may mbret a riten rep.for:OSORIAA . -...........-. DEBRIS REMOVAL AND RELATED MIT:T.T:ot:,,L POINI000, gr.„-ztr allb Ka.MSC WILL '....''•' MI ORDNANCE OF TIETOWNCOIAMIS- SERVICES PER PROPOSAL SPECIFICS. **to.*cot,:v.s,,..x.........E.0.. Wee....vr,,t.....................„,..._aecort. NON Of INE TOWN OF JUPITER POMO, TONS,ALL PROPOSALS ROLL _II- amm.mg h..,.. •_ lora.Coda.To comm.,or meo. NOTICE OMAN COUNTY.FLOM.,MOWING CEIVED STAILCITYOF SEX:5;4Z: d000d to..* .5.1.0.......... foe• b.mooing ..on.dm Ira .. moo* MI AMENDMENT TO TOM OF JUN- 1226 MAN T,RBA. Memnon est fonit bre.end nest In re- TInh-.....-7.4 TER ISLAND IMO DEVELOPMENT REG. DA AM UP111.KOS PM,MONDAY,M. .,,,,,...,,,,,,, ...a....or A,...... Slide,..................... co F .dation for Me LAWNS,AT ARTICLE 5.SUPPLEMENT. 22.MIS Ma"°T W.CI 7 TO ALL PERSONS OR ENTITIES OWING TIE of.non To ono a...no or on. , 'Z''''''"."D. AEGULAT1°"".TO°I1EASONLAUAtLPEW OUT.E ACCON. The ON et Se..le saedng oust.- W.'"T CT. AA. OR CLAIMING TO HAVE.ANY.....ERIG.H4 M.r.ore....21.......,..-........n...,..., "mbs,sI."adop."" 1.11)°,1710NTYROCEDURES,..•PROVIDING llons Me meecas for mon. ',To ro",,,roMtr.Its TALE OR_NLE_REIT IN poriod Mall torten.a waluer of any "W.". ..".' FOR REASONABLE ACComMODATION PK e remove and related sane. .Lae...A full 1,,grAlEli=7.6:,,,,,.„., ,,,,,.,,,,,..„,,,,.40,,.,..I..„,,,,,,, ,...-.10..*'.....,""..0"" PROCEOURES PURSUANT TO TNT FAIR Rsspendenes Pre..nee be In s e. copy a mid Ordl• A._......*no.,,, .1- . t.,.... NG AMENDMENTS ACT AND THE ad eneope.MOM TteNd.70.1 MT mom sodeedhere- „fr.**A....,med by Tenet. der R.62.0.6.linwee Am.* .--- - AMERICAN'S VA.[MARMITES ACT, Proloulerial Se..Tor Monitor.of sops...A.to. ,,,..._.......,,..__....._A.. W"W"each.Ft MOV1011.FOR REPEAL OF 0.1. 1.1.Reno.end fidated 5..... rod at de Of. A`TAZArpor,LTC=„Amf.w. se- Coda N va,'?..........__,_, NANCES RI CONFUCT;PROVIDING FOX Ida.' °A "=dst".I.". Ti"r g:,.'ar,1,11:L:,,s:In'. Cd) •"""' avEusurs' %EFFECTIVE horn Ea alreerr Cles _N.INS AA*_*,• ,.. .Se lool.Com. P. m...11 o ED -c). ego.boat.. CATION;PROVIDING man Sone Sebeeen.FL USK Tel ,,,,y,i,..,o,im. SL eucle Poll.Deptement . (T.S...,........... ...Ad...A A., Len by a.db. DATE. ORDNANCE MEN WW"b.."'"WWWW"WWW"- ...."T.TI. bold.A """sr:r,o-'......,,,.:".,:.'sod loin:I.:.noon,t:.:oonnon on.. cr) 4 0 - Me cepeeets It web I,mot ...1,MI ORDNANCE OF TIE TOWN COMMIS. ono*,Propos.am elaa lieed on Dw teed uid rn..:i.2 .,,,,,ISIO....cou..,i.55 5,.0,00.0. And....M.i,,,,,pen.,,,,, ID • ,.... ...., PrIndpeomaagar of NON OF TIE TOMIN OF JUPITER ISLAND, ro..... N Z -t- Z .. E., MMTIN COUNTY,FLOMDA.AMENDING a...a*b"..!....a Molds,.the p.m of obtain.e it..NW Oft momv N*Id,0.•mod - Na.o.: THE LAND ENVELOPMENT REGULATIONS AI popes..nu....Public New r" --;„..,-,,Too-d .F,....1.1 0.........of........Forfehor.e...........to Me ...e.to.r..........IONS...,........, .'" OF THE 700111 OF JUPITER ISLAND AS Cr*Fenn.N.F.,,,ra..,... tom W... ........MT.m ...NW ORDINANCE NO. AN due prod that woe woe beed ATA. the Deerlmurs moon or Ameo...• ft,.m.o.mm SET FORTH IN ORDNANCE...__.-,,, pa.,pea,100 C.0011000 wel.11... A..em 50th. olsticie of Florida 1.150 degnool.r. ir........,56 ..,...f............... AMENDED,BY AMENDING AITA. • M.. 1-*• SUPPLEMENTAL REGULATIONLp101. sion. 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FLORIDA BUILDING moNmhoney.PelPaner Me nature el us wee.reerrerer to be o Z o .....-----•• SURD AT THE PROPERTY ANL AND stipulated keen NI...IN.lat. wog.ppcmo.to. 0. ,...,,,'Z'V.',!,".:4: novena MI EXEMPTION:PROVIDING .Pore.dl000tOot. no.."-',”„-•"......---,„.."-'„.-- FOR REPEAL OF ORDINANCES IN CON- M.'POWERS AND e Porn E.Boo..Erouire- ralude.me.. Heide.•01325.1 C >nt h edueulee.Me ouldic -ww.....--Tm... FLICP PROVIDING FOR SEVERABILITY; A model pel.i.........4 Om,MT 110111.1"11 2"Oral n..r.....',..r....,.....,.tr.r4= 1.:::::,;•..ta......,..0,‘h. ---.- novioun FOR COOKIGTION;PROVO- ti to Es er Seboart5:7 NeIL II. nrag --r P"."'"WT ING AN EFFECT.DAT. - Oty of Pon Se Lurie doce et Me 7.......V. = ....=. .. o* drafted the.Fiv. 2200.111aWr May12.15 Al;....7 BUILDING room 8...."50'''..led".°"7. 0.;;;::::511::.,.':r..”VZ:0:: Yesr end ARE.1 Z 8 a) 0 Ever Men FY 2011 A. ORDRIPPM NEL NG bidders NO..1....1.0..MT coo.- INSPECTION SOOT El.ro.....1.4.71. 1.1r,„*...a.,11.,. _. THE TOWN COMMIS. eme Omsk.conedeng Ito peed or t.m.d,ocmcgous 10 Ci) -N 0 '''•s'a""".. OF TIE TC1044 OF AMER RAPID. OM requiremets ono,be a.m.re. ASS.....cp., "'WM."'""""" *Om COUNTY.FLORIDA AMENDING .A 121 SW Port Stla.8...1 Wein 10 dew of 0.1.6.of... Port Se La.Fbrido MN won if•pubk re..I.rometed. '1°11E1.1:64%°,,ItEE_ Telephone AM 1.8626 d< ..S CO (..) t"„t„."wyEo",1."*TM:o4o. mono.I oo pa TOWN°EMPTIER IS. **,--- -ws.:*Too.- LAND CODE OF ORDINANCES AT SEC- Peer in...In we....,,_.....___ Tb0 N OF CON- Fore..77215.4.8 K•pubk med.h Ireel.erg peel.use '--fo,....;,,,-.,r, -- TONS 8.41-DERNMONS.I.60-EXEMP- to this mot.egroe.te.1000,-Lay gmtocums pow......................E....A. .............1 e......................em.NT IIM"........ . TONS AND 11.61•PROHIBITVD NOISE: Coon.Member.or OM.,_,........._..... ECM:PROVIDING oL...,,,,..„„....,„ta op.,. **Ad..*...........; ._. . . PROVIDING FOR REPEAL OF ORDI• Heed.CNI N mi,do.o.00N.... 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PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDMDUAL OR ORGANIZATION: Bob Webster(Robert D.Webster) ADDRESS: 2881 St.Barts Square,Vero Beach,FL 32967 PHONE: 772-299-4422 (1)AAF-Alternative to litigation;(2)Perspective: FEC in 2006 vs. FEC+AAF in 2017;(3)Will Quiet Zone status be pursued?;(4)Why it SUBJECT MATTER FOR DISCUSSION: cannot be"All About Freight";(5)Does Cocoa-Orlando extension lease really prohibit new transit stations between Cocoa and Palm Beach?; (6)AAF: Does it help or harm public safety? IS A PRESENTATION PLANNED? X YES NO IS BACK-UP BEING PROVIDED YES X NO IS THIS AN APPEAL OF A DECISION YES X NO WHAT RESOLUTION ARE YOU Consideration/discussion of material presented,response where REQUESTING OF THE COMMISSION? appropriate. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES X NO WHAT FUNDS OR ACTIVITIES ARE None REQUIRED TO MEET THIS REQUEST? 1 47 Transmitted to Administrator Via: Interactive Web Form COUNTY ADMINISTRATOR: i �( E-Mail -- h A.Bail Fax 162 Mail MEETING DATE: 6/23/2015 Summary for Public Discussion — IRC Commissioner Meeting, June 23, 2015 Definitions: Fearmongering: "the action of deliberately arousing public fear or alarm about a particular issue." Specious: "superficially plausible, but actually wrong" Many, if not all, objectors to All Aboard Florida (AAF) may truly believe the many claims we have heard over the past several years since the project was announced. Such claims as: 1. It will physically divide our county or city. 2. It will create major public safety problems. 3. It will spawn unprecedented traffic congestion. 4. It will more than triple all the train horn noise. 5. It will severely diminish the quality of life. And so on... the list goes on and on. Just as the kitten looking in the mirror sees a lion, objectors look at AAF and see a monster. The information I will present reflects a reasoned, dispassionate view of AAF based on a series of summary analyses I've performed to examine the more serious objector claims. These analyses guided my own decision to support AAF as highly beneficial to our county. I have no reason to believe that objectors don't honestly believe the claims they repeat — or, for that matter, that Commissioners aren't convinced they are doing the right thing to prevent a "catastrophe" by standing in the way, metaphorically we hope, of what has been described as "an existential threat" to our community. Nevertheless, that doesn't mean objectors and our Commissioners are pursing the correct course, nor does it confer any legitimacy to the underlying claims that may be at the heart of their motivation. Good motivations and intentions are one thing. Good information is something quite different. While I will question the integrity of objector claims, please keep in mind that I do not question the integrity of those who believe them. In the interests of time I will present a summary of just six of the analyses of objector claims that revealed their specious nature. I've prepared a separate handout that includes a more detailed look at a all of the claims and issues relating to AAF that I've analyzed. Each Commissioner should have a copy and I have some for others who may be interested in their content. June 23, 2015 Page 1 of 12 /.s2•/ Claims I will briefly address are: 1. AAF will destroy property values and quality of life throughout the Treasure Coast. 2. AAF is a safety hazard to the public. More trains and higher speeds will be "catastrophic" and create an "existential threat" to our communities. 3. AAF is All About Freight and is nothing more than a nefarious scheme to obtain federal loans and/or Private Activity Bond funds to pay for rail improvements whose real purpose is to benefit freight operations that will vastly increase with the opening of the widened Panama Canal.. 4. Future transit depots between Cocoa and Palm Beach are prohibited by the lease agreement with the Central Florida Expressway Authority (CFX) for AAF to use a portion of the FL 528 right-of-way for construction of its Cocoa to Orlando passenger rail extension. 5. All Aboard Florida is being federally subsidized because it plans to use low interest RRIF loans and Private Activity Bonds whose yield is tax free. 6. Future annual maintenance costs of improved crossings will increase by $250,000. Therefore, spending up to $2,700,000 more to litigate in an effort to stop AAF is money well spent. List of all analyses performed, several of which formed the basis for this discussion: 1. Beware of Specious Claims — Is Litigation Really Necessary? 2. Perspective: Comparison of Impacts of FEC Freight in 2006 vs. Future AAF+FEC 3. Is AAF really "High Speed Rail"? 4. Safety Impact of AAF Crossing Closures: The Real impact of All Aboard Florida trains on Indian River County road traffic 5. Future Benefits from All Aboard Florida: All Aboard Florida's impact on FEC Freight operations and quality of life in our county 6. Impact of Widened Panama Canal — Is AAF really "All About Freight"? 7. Does the Cocoa-Orlando corridor lease prevent future transit stops between Cocoa and Palm Beach? 8. True or False? "No Passenger Rail Service is Profitable" 9. Is AAF Subsidized?) 10. Is Litigation to Stop AAF Cost Beneficial? 11. Train Frequency and Passenger & Freight shared rail corridors These analyses and other updated AAF information (e.g., Louis Berger Group "All Aboard Florida Ridership and Revenue Study - Executive Summary" May 5, 2015) are available online at: https://www.dropbox.com/home/Public/All%20Aboard%20Florida# June 23, 2015 Page 2 of 12 Objector claim: All Aboard Florida (AAF) will destroy property values and quality of life throughout the Treasure Coast. Analysis of the facts reveals: Silencing train horns, reducing train vibration and noise, reducing train transit times through crossings, vastly increasing the safety of road crossings, and laying the foundation for future local transit stops are characteristics that historically increase both property values and quality of life. A Booz-Allen study' revealed: "Rail transit shows positive correlation to property values to areas where the access provided by the transit service is valued. This is the case for both the high growth, higher valued districts in Miami and the lower income groups in suburban Atlanta." Objectors fail to consider the positive benefits of having better access to commerce, sports, arts, universities, medical facilities and professional services in urban centers served by AAF. Also ignored are the benefits of making commercial enterprises and cultural attractions of the Treasure Coast more accessible to regional populations of urban area, particularly those in the Orlando area who would find attractive a weekend near the ocean for a cultural event that offered them modern transportation, event tickets, and a choice of accommodations and restaurants. Concerns that adding 32 passenger trains to the 14 daily freight trains will lower property values, create problems for emergency responders, create a nightmare of traffic congestion and lower quality of life are not justified by facts and are rooted in the incorrect assumption that road closures and noise will increase to unprecedented levels. Analysis of historical and anticipated train traffic not only shows objections to be unfounded, it reveals future typical combined daily road closure times for all trains will be about 7 minutes. 4 seconds less than typically experienced for the 24 daily freight trains that operated in 2006.2 Have property values increased between 2006 and today as the number of daily freight trains decreased by 42%to just 14? No, they have not. Then why should property values decrease if the effects of adding 32 very short fast AAF trains will not increase the level of road closures to that experienced in 2006? Conclusions: AAF will not adversely affect property values which, in fact, should actually increase with safety and Quiet Zone improvements. In areas near a future transit station, property values could well increase dramatically. Quality of life will be improved if for no other reason than AAF creating improvements that make it easy for and inexpensive for communities to obtain Quiet Zones to silence train horns. AAF will not increase crossing closures to a degree that would cause traffic congestion or create significant delays for emergency responders. June 23, 2015 Page 3 of 12 /12-3 Objector claim: AAF will create a public safety hazard. More trains and higher speeds will create an "existential threat" to our communities. A view of the facts reveal: AAF will improve public safety at every road crossing in the county. Contrary to objector fears, faster freight operating times correlate with lowered derailment rates3: Maximum Speed(mph) Derailment Rates C YY ti`..• ;,11 tl3 F Cr:" 30 x ry 91Nt"Jrsky. ^. T.#>�` a•:sA'-';:±::%R'diC:ns: &d'kfi6.;TAN. 1 2 3 4 FRA Track Classification per million freight train miles Source: Railroad Accident Rates for use in Transportation Risk Analysis.2004 Authors: Robert T.Anderson and Christopher P. L. Barkan In the unlikely event derailment involves hazardous materials in tank cars, higher speeds would likely increase the number of tank cars rupturing, but (1) not every train carries tank cars full of explosive hazardous materials, and, (2) that risk is offset somewhat by the much lower risk of derailment at higher speed. Positive Train Control (PTC) will be operational as part of the AAF improvements. PTC would have prevented the recent Amtrak derailment. Higher operating speeds reduce road closure times for motorists and emergency responders. June 23, 2015 Page 4 of 12 X42-7 Scheduling and double and triple tracking and PTC are designed to allow all trains to move safely at normal operating speeds without interference from other trains. Under normal conditions, this translates to no traffic interruptions for stopped trains. Emergency responders will experience less road crossing closure time than was experienced in 2006 when the FEC operated 24 daily freight trains.2 Conclusions: AAF is not a safety hazard and required "Sealed Corridor" crossing upgrades will substantially improve safety of road crossings by eliminating the number one cause of crossing collisions (weaving around the gates to "beat-the-train"). AAF improvements will reduce the risk of freight derailments3 by upgrading rail for increased speeds, adding double and triple tracking, installing PTC and improving rail maintenance. Faster operating speeds will lower crossing closure times. June 23, 2015 Page 5 of 12 /L2-.5 Objector claim: AAF is All About Freight and is nothing more than a nefarious scheme to obtain RRIF loan funds and/or Private Activity Bonds (PABs, from private investors) to pay for rail improvements whose real purpose is to benefit freight operations. Analysis of the facts reveals: The soon-to-open widened Panama Canal is often cited as the real reason for AAF. The belief is that the larger ships coming through the widened Canal will create a flood of new demand for freight traffic. The problem with this belief is that it has no factual basis and ignores factors that could maintain or even lower the number of daily freight trains. Greater demand for goods is the only driver of greater demand for freight shipments. The fact that bigger ships can come through the Canal does not dictate the demand for goods shipped by rail freight. Most of the current southbound freight on the FEC that originates in the Pacific will no longer come to Pacific ports to be shipped by rail to Jacksonville, FL, and handed off to the FEC for delivery to Southeast Florida. With the widened canal, most of those shipments will go directly through the Canal to southeast Florida ports. This will cause a concurrent drop in southbound shipments as they no longer take the same route to Southeast Florida. Most other freight bound for other Eastern US destinations north of Jacksonville will likely be offloaded at other improved port facilities that can handle the larger ships. In addition to Southeast Florida, ports now capable of handling the larger ships include Mobile, Alabama; Newport, Virginia, and New York. Within one or two years of AAF being operational, additional improved ports are expected to be operational in Jacksonville, FL; Savannah, GA; and Charleston, SC. There is no realistic scenario under which the FEC will experience the exaggerated claims of vast increases in freight shipments that would support the claim that AAF is "All About Freight". Other aspects of AAF that contradict the "All About Freight" claim4: 1. If it's really "All About Freight" — why would AAF spend a small fortune building modern new passenger train stations in Miami, Ft. Lauderdale, Palm Beach and Orlando? 2. If it's really "All About Freight" — why would AAF enter into a lease that requires their paying compensation for lost toll revenues to the Central Florida Expressway Authority (CFX) so they could build a costly passenger rail extension from Cocoa to Orlando that specifically prohibits any freight use? 3. If it's really "All About Freight" — why would AAF make costly upgrades to the existing FEC line from Miami to Cocoa to "Sealed Corridor" standards that are only required for passenger service? June 23, 2015 Page 6 of 12 /512-‘- 4. If it's really "All About Freight" — why are no new rail improvements to be made between Cocoa and Jacksonville? Conclusions: There is little likelihood that the widened canal will bring significant additional freight demand that would require more freight trains to operate any time in the foreseeable future. The Canal's most likely impact on freight traffic is that it will correct a significant (and highly inefficient) imbalance between southbound and northbound freight service. Investments in passenger infrastructure and the passenger-only rail extension to Orlando will far exceed any costs to make freight-only rail improvements. The claim that AAF is "All About Freight" cannot be supported with a reasonable analysis using all the facts. June 23, 2015 Page 7 of 12 /1 .7 Objector claim: Future transit depots between Cocoa and Palm Beach are prohibited by the lease agreement with the Central Florida Expressway Authority (CFX) for AAF to use a portion got the FL 528 right-of-way for construction of its Cocoa to Orlando passenger rail extension. Analysis of the facts reveals: No such provision exists. In fact, the lease specifically acknowledges (in several places) likely future expansion of services between Miami and Orlando and to other areas beyond Orlando.4 With respect to new transit stops (depots) between West Palm Beach and Orlando, the lease specifically states the following (extraneous material removed for brevity): ... such Intercity Passenger Rail Service might eventually include additional stops between the Orlando and Miami destinations and/or might be expanded to other destinations beyond the current destinations... "It is understood and agreed that the Intercity Passenger Rail Service may be expanded to other destinations beyond the current destinations... and/or additional stops or depots may be added, but, prior to including any additional stops or depots between Orlando International Airport and West Palm Beach, Florida... AAF shall provide the Authority with a reasonably detailed description of the proposed expansion... and reports pertaining to ridership and diverted trips along State Road 528... that such expansion and/or additional stops or depots will not cause a reduction in System Pledged Revenues..." This provision exists to create a process to compensate CFX for lost toll revenues for those who would elect to use AAF rather than drive between Orlando and a new depot, a drive that would presumably have them use FL 528 and pay CFX tolls. This is a very reasonable provision, given AAF's Cocoa to Orlando rail extension will be built on land leased from the OOCEA(now CFX). No reasonable reading of this provision of the lease can conclude that future transit stations between Cocoa and Palm Beach are prohibited by this lease. Additional AAF transit stations are a win-win situation because not only will CFX receive compensation for lost toll revenues without the wear and tear on its highway, but also traffic for motorists will be lighter, maintenance costs will be reduced, and pressure for future expansion will be delayed. Conclusions: No provision of the Cocoa-Orlando rail extension right-of-way lease prohibits any future transit stops between Orlando and Palm Beach. To the contrary, the likelihood of new stations is specifically acknowledged by the plain language of the lease agreement for the Cocoa to Orlando rail extension, which lease also includes provisions to compensate the CFX for lost toll revenue on FL 528 arising from any new transit station between Orlando and Palm Beach. June 23, 2015 Page 8 of 12 "1 'O Objector claim: All Aboard Florida is being federally subsidized because it plans to use low interest RRIF loans and Private Activity Bonds whose yield is federally tax free. Analysis of the facts reveals: Neither the RRIF nor PAB programs are "subsidies" in the same sense as the direct federal funds that are used to massively subsidize highway (construction and improvement) and aviation (airport construction and improvement and the Air Traffic Control system). A June 9, 2015, article in the Fort Worth Star Telegram, references All Aboard Florida in its discussion of the Texas Central Railway's (TCR) proposal to build a high-speed passenger rail line connecting Dallas, TX with Houston, TX. From that article: "TCR says they will neither seek nor accept government grants or subsidies of any kind. They will consider federal credit assistance such as loans under the Transportation Infrastructure Finance and Innovation Act (TIFIA) and/or the Railroad Rehabilitation & Improvement Financing (RRIF) program. "Like the Florida project, TCR might seek DOT approval to issue tax-exempt private activity bonds (PABs), which are widely used on highway public-private partnership projects. "PABs are backed by project revenues. Taxpayers are not on the hook if the project defaults; only the bond buyers are. "Texas Central Railway and All Aboard Florida are private-sector projects, to be done via project finance that must be paid back from the project's own revenues. There is little or no risk to taxpayers, federal or state, in either project." A Federal subsidy is a grant and comes from the spending side of the budget. Solyndra received a subsidy. A Federal incentive differs from a subsidy because it comes from the revenue side of the budget by lowering RRIF loan interest rates and making PAB yields tax-free. By their nature, incentives are minuscule in comparison to subsidies. A tax deduction of interest on home mortgages is an incentive to own a home. Do homeowners think they are being subsidized? While a very broad definition of "subsidy" would include both direct payments and incentives, when the term "subsidy" is used, it normally refers to spending (e.g., highways & aviation subsidies). Conclusions: AAF is not being subsidized in the normal sense of the word. Set up by Congress to support public and private projects that are deemed in the public interest, the RRIF and PAB financing programs provide low-cost financing incentives, which are not direct federal funding subsidies. June 23, 2015 Page 9 of 12 //.2- 9 Objector claim: Future annual maintenance costs of improved crossings will double, increasing by $250,000. Therefore, spending up to $2,700,000 more to litigate in an effort to stop AAF is money well spent. Analysis of the facts reveals: Accepting the premise of a $250,000 increase in maintenance costs, what is the real impact on property taxes of an additional $250,000 per year? The US Census Dept. estimates Indian River County's population in 2014 at 144,755.6 Annual per capita property tax revenue needed to fund improved rail crossing maintenance is a mere $1.73, which is two cents less than the cost of the least expensive cup of coffee offered by Starbucks® ($1.75 for a Tall "Freshly Brewed Coffee").7 This claim ignores the very likely adverse consequence of litigation's failure to achieve its objective — the wasting of as much as $2,700,000 of county funds. Conclusions: Additional annual maintenance costs in property taxes of $1.73 per capita for the benefits of dramatically improved crossing safety along with other benefits AAF will bring is a bargain. Continued litigation further damages an already tarnished relationship between Indian River County and AAF, a condition that will very likely jeopardize any future local transit depot that would benefit both businesses and citizens of Indian River County. June 23, 2015 Page 10 of 12 /11 -fa Summary: These six examples dealt with just a few objector claims that whither away under the harsh light of rational scrutiny based on the underlying facts. These claims, often repeated without scrutiny, have served to mask the real benefits AAF can bring to our county: 1. Much safer road crossings, 2. Elimination of train horns, 3. Quieter operating trains producing less noise and vibration, 4. A potential for future local transit station offering limited daily service to residents seeking an alternative to highway travel to Orlando and southeast Florida destinations, and, 5. Faster freight trains that could reduce their typical road crossing times by 28%. Do we really want to stand in the way of these direct benefits to our communities on the basis of claims that cannot withstand a careful scrutiny? Where legitimate concerns may exist, litigation is the most costly and least likely avenue to address those concerns in a way that best serves the public. In addition, litigation will irreparably scar future relations between the county and AAF that could jeopardize any future transit depot for our county. In light of the recent major defeats of attempts to stop All Aboard Florida (Rep. Posey's failed amendments and Judge Cooper's decision in the US District Court for the District of Columbia), isn't it time to reconsider the County's litigation strategy? Back in February, after Indian River and Martin County Commissioners voted to pursue litigation, All Aboard Florida responded: "The Indian River and Martin County Commissioners have decided upon a negative course of action regarding their engagement with All Aboard Florida. The company is hopeful that a more positive and productive forum can be found. We remain open to exploring a future station in the Treasure Coast that would bring direct economic benefits to area residents and visitors." — Lynn Martenstein, VP of Corporate Communications for All Aboard Florida Have all reasonable avenues short of litigation been sufficiently explored to amicably address legitimate concerns with AAF? By engaging AAF seriously and harmoniously to address their concerns, Brevard County was able to (1) obtain financial support that will more than cover their costs to obtain Quiet Zone designations, (2) negotiate eight years of crossing maintenance paid by AAF, and (3) receive help with site planning for a future transit depot. I urge Commissioners to harmoniously engage AAF, the State of Florida, and the Federal Railroad Administration to resolve any real issues that remain so that AAF's benefits to our quality of life can be realized and the likelihood of a future transit station in our county is not permanently jeopardized. June 23, 2015 Page 11 of 12 /-2-// Footnotes & References: 1 Impacts of Rail Transit on Property Values, Roderick B. Diaz, Booz-Allen & Hamilton Inc. McLean, VA. (http://reconnectingamerica.org/assets/Uploads/bestpractice083.pdf) 2 "Perspective: Comparison of Impacts of FEC Freight in 2006 vs. Future AAF+ FEC", Chapter B, All Aboard Florida (AAF) - Summary Analyses of Objections, Bob Webster (June 2015). 3 "Railroad Accident Rates for Use in Transportation Risk Analysis" (http://railtec.illinois.edu/articles/ Files/Journal%20Articles/2004/Anderson%20and%20Barkan%202004.pdf), page 92, Robert T. Anderson and Christopher P. L. Barkan, 200 4 "Does the Cocoa-Orlando corridor lease prevent future transit stops between Cocoa and Palm Beach?"- Chapter G,All Aboard Florida (AAF) - Summary Analyses of Objections, Bob Webster (June 2015). 5 "Impact of Widened Panama Canal — Is AAF really All About Freight'?"- Chapter F, All Aboard Florida (AAF) - Summary Analyses of Objections, Bob Webster (June 2015). 6 "High-speed rail deserves a chance", Fort Worth Star Telegram, June 9, 2015 (www.star- telegram.com/opinion/opn-columns-blogs/other-voices/article23614000.html) 7 United States Census Bureau, State & County QuickFacts(http://quickfacts.census.gov/qfd/states/ 12/12061.html) 8 Starbucks® Prices posted on Fast Food Menu Prices website (http://www.fastfoodmenuprices.com/ starbucks-prices/) • June 23, 2015 Page 12 of 12 /A1/l X0611 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Keith D.Kite ADDRESS: 1045 Winding River Road,Vero Beach,FL 32963 PHONE: 772.633.0292 SUBJECT MATTER FOR DISCUSSION: County's Legal Spending on All Aboard Florida IS A PRESENTATION PLANNED? YES x NO IS BACK-UP BEING PROVIDED YES x NO IS THIS AN APPEAL OF A DECISION YES x NO WHAT RESOLUTION ARE YOU Stop legal fight,redirect funds to better use for contingency REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES x NO WHAT FUNDS OR ACTIVITIES ARE Commission Vote REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form COUNTY ADMINISTRATOR: _x E-Mail -•°%4. • :s h A.Baird Fax Mail ✓ 0 Hand Delivered MEETING .. • Phone 163 te,-) � � ) uld Treasure Coast nents spend taxpayers ' a fight All Aboard Florida ? POSTED: 5:4o PM, Feb 19, 2015 UPDATED: 10:27 AM, Feb 27, 2015 TAG:martin county(/topic/martin+county) I indian river county(/topic/indian+river+county) I shaping our future (/topic/shaping+our+future) I all aboard florida(/topic/all+aboard+florida) Two Treasure Coast governments passed unanimous resolutions (http://www.tcpalm.com/franchise/shaping-our-future/martin-county-dedicates-14- million-to-all-aboard-florida-fight_23680191) Feb. 17 to spend taxpayers' money to fight All Aboard Florida (http://www.tcpalm.com/topic/all+aboard+florida), which plans to begin running 32 daily trains through our region in early 2017. The Indian River County Commission (http://www.tcpalm.com/franchise/shaping-our- future/indian-river-county-considers-war-chest-to-fight-all-aboard-florida_25134750) appropriated $2.7 million; the Martin County Commission (http://www.tcpalm.com/franchise/shaping-our-future/martin-county-dedicates-14- million-to-all-aboard-florida-fight_23680191), $1.4 million. If you can't see the poll, go here (http://poll.fm/55su1) Should Treasure Coast governments spend taxpayers' money to fight All Aboard Florida? No 86.52% (26,641 votes) Yes 12.71% (3,913 votes) Not sure 0.69% (213 votes) /3-J 4 Should Indian River and Martin counties continue their legal fight against All Aboard Florida? Yes, absolutely 4% (438) No, it's a waste of time and/or money 95% (9,637) I'm not sure O% (35) f Share /'Tweet 6 '23 •(S Indian River County Taxpayer funding of the Legal Battle with All Aboard Florida June 23,2015 Submitted By Donald D. Hood As I have stated to this Commission twice before,there ARE benefits to this county by the presence of All Aboard Florida trains(AAF)even if it doesn't stop here. Twice I have submitted what these benefits might be to this commission and they are now part of the record. However,as I have also stated in the past,there is a very good chance that we CAN get an AAF terminal in Vero Beach. AAF has publically asked to meet with you to try and identify a good spot for a terminal. Previously this commission had approved of the idea of AAF when the subject was first presented to you. You changed your mind when it looked like AAF had changed their mind about placing a station here. First you withdrew your support and then you voted to take action against them. I have asked this question before, but I will ask it again. If your objection initially was that AAF wasn't going to stop here why are you NOT now reversing yourself when AAF has publically announced that they ARE considering stops here and want to meet with you about it? Why keep attacking them? There are many good reasons to have a station in our county(see the commission record for those). I believe that these legal attacks on AAF need to stop before you alienate AAF to the point that they would NEVER place as top here. I also think it is safe to say that if even you never agree with AAF you need to back off your legal attacks on AAF before all that money you allotted to that fight is wasted. If you look at a couple of the recent survey's conducted by the TC Palm newspapers you will see that over 10,000 people TWICE voted in TWO separate informal surveys that they though Indian River and Martin Counties were wasting tax payer dollars by continuing what appear to be fruitless legal battles against AAF. The latest poll figures were 9,360 who thought the legal battles were a waste of money and only 437 voters thought the fight should continue. In the previous survey slightly over 10,000 voters said fighting the AAF project legally was a waste of taxpayer money. I imagine the registered voters of both counties will be considering these legal proceedings against AAF and the amount of money spent to conduct them very carefully at election time next year. In February of this year when the IRC Commissioners decided to vote money to fight the railroad I was pretty upset about it. In these very chambers we had what was supposedly a cross section of our county come up to speak their mind about the railroad. It appears that Martin and other counties were better informed about this upcoming vote that was going to take place. There were many naysayers in attendance and it almost looked like they had been invited. I was the only one in these chambers that fought that vote but I am POSITIVE that had others from our county found out about it in a timely matter the public representation by those against spending like this would have been a totally different matter. I only learned about the vote VERY shortly before the event. However, thankfully,the Palm Beach Post knew all about it and published an article about what Mr.Solari was going to propose before anyone in this county learned about it! They even knew the amount that was to be voted by the IRC Commission on which I find highly unusual. I also felt that the figure suggested to be voted on,an arbitrary 1%of the county budget was also highly unusual in that it just happened to be the same amount Martin County was going to budget(On the SAME DAY). Even more dismaying 163 • w is that only after the vote was made was ANY thought given by the commissioners on whether that much money was appropriate for the task and where might the money be spent? That is just incredible! That same day the money was voted on our Sheriff was given a rough time in these very chambers by one of the commissioners when the sheriff asked for a small sum(by comparison)of $30,000 to repair jail equipment that was old,constantly and had broken down. Apparently the IRC infrastructure suffers while the commissioners use the money fighting legal battles against AAF. Even more amazing to me was that there was no mention before the Commissioners vote In February that the county can ill afford that 2.7 Million funding anti-AAF legal actions until several days after the vote when Mr. Baird remarked about more taxes possibly being needed to cover spending like this(source: Press Journal). I was concerned enough about this funding vote and what it meant to our county that I,in retrospect naïvely,wrote on February 19th to the President of the Tax Payers Association of Indian River County about it. I never received ANY kind of answer from him or that organization which I though was rather odd at the time. Later I learned from a group photo published in the Press Journal that the wife of one of our current county commissioners was on the Board of Directors of that association. Hmm. Even later, I learned that her husband (the commissioner)is a member of that organization,too. I guess the laugh was on me then,wasn't it? I thought that Taxpayer organization was here to help the taxpayers with this kind of thing. However, I will let the general public draw their own conclusions about the value of this"Taxpayer"organization to our county or at least its viability as a watchdog for the Indian River Counties taxpayers. What I find interesting is that last year about this time,the City of Vero Beach set up a fact finding Commission about AAF to see what the issues truly were with the AAF project. The commission did a stellar job in my opinion and where totally open minded with the public presenters even though once again some presenters were from outside our county. Later one of these commissioners told me off the record that for Vero Beach and Indian River County AAF was a NON-ISSUE. His quote to me was, "AAF is not a hot button with the general public here. They don't care. AAF isn't an issue here like it is in Martin County." Well,it wasn't an issue to the taxpayer until the money started getting obligated for what looks to be a total loss for the taxpayers of this county. The Vero Beach AAF Commission DID NOT recommends legal action against AAF to attempt to stop it from passing though Vero Beach (or anywhere else!). Things might be about to change. Until recently opposition to AAF has been a very squeaky wheel. The naysayers have been well organized and financed and have been very aggressive to have things their way. And they are local (To the Treasure Coast anyway, if not IRC). There has been no lobby of pro AAF citizens in IRC partially due to its"non-issue status"with the rank and file here. If the legal setbacks to the Commissions attempt to stop AAF continue, I believe the voting,taxpaying public will not stand for it. The county also stands to become very visible to the rest of the country because of this issue. As you have no doubt heard,there is now a large NATIONAL lobby FOR the increased use of passenger railroads that has gotten wind of these legal battles in our county and on the Treasure Coast. I'm sure they are quite interested in current events concerning the legal fighting of AAF by the county. Our county is going to look very foolish I'm afraid. In fact,one national magazine,when they learned of the legal efforts attempting to block AAF article has already asked, "What is wrong with Florida,and in particular,the Treasure Coast? Is it the water there?" The naysayers are quick to tell us about how AAF might change our county for the worse. Well,it looks like the legal efforts to stop AAF are going to bring some negative publicity our way and that is a change that might just affect how our county is perceived by potential tourists. I have one simply request of th7 ndian River Commissioners today. PLEASE stop wasting the tax dollars of Indian River citizensiby-cliscontinaiwthe legal battle against All Aboard Florida. We need IRC tax dollars spent in other more meaningful areas to the voters of this county! I know I am pressing my luck here, but I would really like you to re-think your negative stand against ALL Aboard Florida as well and at listen to what might be accomplished if we all work with AAF. I know. I'm a dreamer. But I'm not the only one in this county. 163 - p INDIAN RIVER COUNTY,FLORIDA (1)\1111 Nil I) MEMORANDUM I':\'I'-1.OI'11F;1"I' TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AI ; ommunity Development Director DATE: June 3, 2015 SUBJECT: Consideration of Request to Extend Mining Operation Timeframes Due to Inactivity During the Recent Economic and Development Downturn It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 23, 2015. BACKGROUND For decades, the County has used, applied, and amended special regulations for mining activities. Those regulations address a variety of issues including mining operation locations, impacts on roads and environmentally sensitive lands, impacts on groundwater, noise, buffers, hours of operation, site maintenance, code compliance, and post-mining site restoration. In addition, the County's mining regulations limit permits for mining operations to a specific number of years based on the amount of material to be excavated. For any mining operation proposing to excavate over 500,000 cubic yards of material, a maximum mining permit period of 10 years applies. To date, all mining operations approved under the mining permit limitation, adopted in 1996, have had a 10 year mining permit timeframe. The mining permit limitation regulation allows for the Board of County Commissioners (BCC) to extend the permit timeframe if it determines that a mining operation was inactive for a period of time due to market conditions such as an economic recession. In considering an extension request,the BCC can extend the permit timeframe by a period of time no greater than the period of inactivity. During the last year, a number of mining permit owners/operators have asked staff about the extension provision, citing significant periods of mining operation down-time during the recent economic and development downturn. Now, Chuck Cramer, on behalf of Fischer & Sons has, provided data demonstrating significantly reduced mining activity during the downturn, along with a request for a mining permit extension. In addition to the Fischer & Sons data, staff has evaluated County data, including data on all active mining operations, and has determined that the BCC should consider an extension for all six mining operations that are subject to a permit timeframe limitation and were active (permitted to operate) during the recent downturn. Those mining operations are: Hammond, Fischer South County, Godfrey, Ranch Road, Wild Turkey, and Davis. 164 F:ICammuoily De.dopmenACiaD.SCC12015 BCCIEmndMiningOpTionha am .doe The BCC is now to consider granting extensions to the mining permit deadlines for the six mines referenced above due to reduced mining activity during the recent economic and development downturn. ANALYSIS The regulation that allows the Board to grant extensions to the 10 year mining permit period is found in mining ordinance section 934.07(3)(j), which states the following: "(j) Specific mining activity timeframes, from the date of initial mining permit issuance, are established based upon the estimated quantity of material to be removed. Excavation, hauling, or other mining activities occurring beyond these timeframes, (along with any approved extension requests) are prohibited: Less than 10,000 cubic yards 1 year 10,000-99,999 cubic yards 2 years r— d 100,000-500,000 cubic yards 5 years Over 500,000 cubic yards 10 years 1. These timeframes may be extended by the board of county commissioners upon an applicant's request made prior to the normal timeframe expiration. The board may grant an extension if it determines that the mining operation has been inactive for a period of time due to market conditions such as an economic recession. The board shall not extend the initial timeframe by a period of time greater than the determined period of inactivity." The purpose of the extension provision is to generally allow for 10 useful years of mining operation life, recognizing that adverse market conditions are not within the owner/operator's control and that periods of inactivity produce fewer(if any) impacts on surrounding properties. Based on the 934.07(3)(j) code provision, there are two items for the Board to determine with respect to an extension request: 1. If there was mining operation inactivity due to market conditions, and 2. The period of inactivity and the corresponding appropriate extension of time. According to data provided by Fischer & Sons (see attachment #1), during the 2008-2014 seven year period for the Fischer South County mine (86th Ave & 17th Street SW), of the 2,184 days the mining operation was permitted to haul during that period, only 457 days were utilized. According to Fischer & Sons, during normal market conditions, hauling occurs every permitted day except for rare instances. Thus, during that seven year period, the mine operated on average only 21% of the time permitted, or approximately 1.5 permitted "work years" out of 7 "work years". Based on that data and analysis, a 5 year permit extension for the Fischer South County mine appears to be warranted. Fischer & Sons, as well as other mining operators, have indicated that most mining material demand in the county is generated by development activity, and that mining activity dropped-off significantly during the downturn due to the significant and prolonged drop-off in development activity. Mining operators have also indicated that public projects conducted during the downturn (especially during 2010 and 2011)helped increase demand to some degree but not nearly enough to make up for the steep drop-off in development activity and corresponding drop in demand for mined material. 2 165 F:\Communiq'DevdopmeniTurDMBCC12013 BCC1ExiendMiningOpTimefnmcs.doc For many years, staff has used single-family permit data as a barometer of local development activity. Single-family permit data from 2000-2015, are shown below. Single Family Building Permits Issued 2000-2015* IRC Unincorporated Area and City of Vero Beach Calendar Year Number of Permits 2000 840 2001 1,060 2002 1,074 2003 1,608 2004 3,065 2005 3,186 2006 1,490 2007 922 2008 494 2009 217 2010 245 2011 248 2012 331 2013 394 2014 517 2015 *750 *Based on the first 4.5 months of 2015 These data show the normal development activity baseline during 2000-2002 of roughly 1,000 permits per year, a boom-time "bubble" of over 3,000 permits per year (2004-2005), and a significant drop-off of roughly 50% or more below the 1,000 unit baseline for seven years in a row (2008-2014). Thus, local data indicate a market condition that significantly reduced development activity for 7 years, from 2008-2014. That seven year drop-off in development activity may have been exacerbated by the build- up(excess supply) of units resulting from the 2004-2005 boom. Excavation volume data from mining operation reports filed with the County generally indicate significant decreases in mining activity for several years between 2007-2013 (see attachment #2). In staff's opinion, all mining operations active during the economic and development downturn years (2008-2014) were significantly affected by market conditions during those years and should be treated the same with respect to permit extensions. Therefore, it is staff's position that the five mines active during the entire downturn period should be granted the extension of time justified by the Fischer & Sons data(5 years). Those mines are: • Hammond: new expiration date 1/23/2021 • Fischer South County: new expiration date 1/8/2023 • Godfrey: new expiration date 7/11/2022 • Ranch Road: new expiration date 5/2/2021 • Davis: new expiration date 4/30/2023 The Wild Turkey mine was permitted in March 2011 and was active for a little less than 4 years of the 2008-2014 economic and development downturn period. Based on Wild Turkey's permit timeframe period and the effects of the development downturn, staff believes that a 3 year extension for the Wild Turkey mine is warranted (new expiration date 3/13/2024). 166 F:\Community Derdopmem\CurDn1BCC2Oi5 BCC CExte dMiningOpTimehamesdoc 3 As noted in staffs mine information data (see attachment #3), the Ditch 5 mine located in the south county is still active and was approved in 1995, prior to any mining permit expiration requirement. Therefore, Ditch 5 continues to operate without a permit expiration; consequently, no extension consideration is applicable or necessary for the Ditch 5 mine. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Determine that there were significant periods of mining operation inactivity due to an economic downturn during the 2008-2014 period. 2. Grant a 5 (five) year permit timeframe extension for the following mining operations that were active during the 2008-2014 downturn: Hammond, Fischer South County, Godfrey, Ranch Road, and Davis. 3. Grant a 3 (three) year permit timeframe extension for the Wild Turkey mining operation which was active during a portion of the 2008-2014 downturn. ATTACHMENTS 1. Request and Data from Fischer& Sons 2. Excavation/Haul Data(all mines) 3. Mine Information Indian River Co, Art .,ved Date APPROVED AGENDA ITEM: Admin. 7)1 Legal / -ill- c FOR: J 23, 201 ') Budget , /14/ BY: hI Dept. bi1 i c Risk Mgr. 167 F:Community Development\CnrDal9CC.2015 BCC\Extad.finmg PTimdct. ramdoc 4 HENRY F I S C H E R & SONSINC. •Road & Parking Lot Construction •Storm Drainage • Land Clearing P.O. Box 780068 • Sebastian, Florida 32978-0068 •Fill Hauling & Compaction • • (772) 589-3159 • FAX: (772) 589-7731 • hfischer@wedigflorida.com •Site Development Heavy Equipment Rentals Indian River County 5/21/15 Community Development Stan Bolling, Director Re: Mine Permit Extension 86th Ave& 17th Street S.W. Sand Mine Dear Stan, As requested, I am forwarding you the yardage for the time period 2088 to 2014. Also,you will see the days operated for each individual time period (Year) plus the total days accrued from 2008 to 2014. As an example of volume, prior to 2007 our facility in Sebastian located at 99th Street averaged 200 to 250 loads per day. 2010 and 2011 were busier due to the Sector 3 project and modifications at the Indian River County landfill.A good example of public sector work being one of the few options available at the time. Please review and comment. Regards, l, c______ C.A. Cramer Director of Operations Henry Fischer&Sons, Inc. 168 ATTACHMENT 1 Henry Fischer & Sons, Inc. Mine 86th Ave & 17th Street S.W. Mine Tear _s; Mati r al pc100:.'s•Mt s Opei 4, 2008 24,102.00 10 2009 20,000.00 8 2010 414,000.00 151 2011 439,008.00 160 2012 101,934.00 38 2013 93,000.00 35 2014 22,572.00 51 Available Days To Work Per Year 312 Days Available 2008 To 2014= 2,184 Days Utilized 457 During Time Period 2008 - 2014 Material Removed To Date: 1,114,616.00 C.Y.'s Volume Available To Be Removed 6,624,672.00 C.Y.'s 500,000.00 450,000.00 439,008.00 414,000 00 400,000.00 __ 350,000.00 + 300,000.00 250,000.00 .__ s Year 200,000.00 150,000.00 -__ _._---__-.-- _.._.__- ____-- --- 101,934.00 83,000.00 100,000.00 _ . _ ---- _-- ------ ------ 50,000.00 124,--102-.00--2-0;000700- _ 227572.0G 0.00 - .� � -- _ _ ., _.. __. MN 2008 2009 2010 2011 2012 2013 2014 169 ATTACHMENT 1 N f0 a) T 48 L a) Ja E N 0 0u 0 =0 000 0 O 0 O o 0 .-.1 lo 0 r-i 3-1 0M1 O O M -1 arri 0 I N of o ry 0 in 0- N to C_ p O 0 m 0 o 0 4= O in y N Ol 0 O 0 o ••1 O 1_ �N.1 N o v1 o M N N o �/�// ( M d ►+1 O N Op O y u1 N o u1 N . N a1 T M o t0 M . 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CZ 0 O. 0. ,11 N Q 0 N -0 C •C ` 0 r`o 0 Ll1 8 Lria1 a T C C 10 E 0o V O 0 0 v 0 incu 0 0 u MI sew m �-+ N 0. 10 >' O �+ r CO ++ 2 j, 7 t0 al � —p Z u w 0 U a1 T >_ aJ CU N a V T- a1 E V = Ol a 1, 0:3 C 00 p 00 >. u 0 ? 1Ti C E N o0 > 01 3 o o 0 w a1 u t\ u 10 x u Q O 000 M 0 00 O C r N O O 0 al ud a Q C 000 ri ~ O O Vl ... cm I O en c (0 2 up r-1 U 00 00 r.1to N l0 N O 1CO >0 -0 0�{ u1 I v N r�yj � E Z O .c 0_ .-i N T 0 0 N x C > 1 a i 5 I C O a 0 N .�-I N a) \ a! \ W C ate+ y _ 111 0 > CIJ C = M ,� 3 � ,., ate � M Co v c in c ~ msa N� co -1-1 .-tn 00 .^ �c1�nl� m � v `n X O E E co ^ 0 m - I5vt m E X y n 0. a0 0 c 0 -2 X 5 X O Z X .1 (9 0c 3 0 t7 E S LL .i 0 Vr a) ix 0 a) O a) 6 C m E 2 iririvuivi, r-: c 1, I-1 N M Tr 111 l0 N / . 170 ATTACHMENT 2 MINE INFORMATION 2015 Indian River County Unincorporated Area • Mines Subject to 10-year Prosect Expiration 1. HAMMOND — located at 5885 82nd Av; per ten year deadline, project expires on 1/23/2016. The mine was approved for 3,400,000 cubic yards. There are no restrictions on time or days that they can run. Per the traffic calculations on the approved site plan the mine can run 5 days a week and can have 154 trucks/day, averaging 2,615 cubic yards/day at 17 cubic yards per truck. 2. FISCHER SOUTH COUNTY — located at 8300 17th St SW; per ten year deadline, project expires on 1/8/2018. The mine was approved for 6,828,830 cubic yards. There are no restrictions on time or days that the mine can run. Per the traffic calculations on the approved site plan the mine can run 6 days a week and have 129 trips/day,averaging 2,189 cubic yards/day at 17 cubic yards per truck. 3. GODFREY—located at 13515 101st St; per ten year deadline, project expires on 7/11/2017.The mine was approved for 1.35 million cubic yards. They can run Monday thru Friday from 7:00 am to 5:00 pm. Per the traffic calculations on the approved the site plan the mine can have 121 trips/day, averaging 2,057 cubic yards at 17 cubic yards per truck. 4. RANCH ROAD — located at 5855 82"d Av; per ten year deadline, project expires on 5/2/2016. The • mine was approved for 2,805,300 cubic yards. There are no restrictions on time or days that the mine can run. Per the traffic calculations on the approved site plan the mine can run 5 days a week and have 127 trips/day,averaging 2,158 cubic yard/day at 17 cubic yards per truck. 5. WILD TURKEY— located at 4705 82"d Av; per ten year deadline, project expires on 3/13/2021. The mine was approved for 10,387,142 cubic yards. They can run Monday thru Friday from 7:00 am to 6:00 pm with no off-site hauling after 5:00 pm. Per the traffic calculations on the approved site plan the mine can run 5 days a week and have 285 trips/day, averaging 3,995 cubic yards/day at 14 cubic yards per truck. 6. DAVIS—located at 7200 84th Av; site per ten year deadline, project expires on 4/30/2018.The mine was approved for 1,083,502 cubic yards.There are no restrictions on time or days that the mine can run. Per the traffic calculations on the approved site plan the mine can run 5 days a week and have 245 trucks/day, averaging 4,167 cubic yards/day at 17 cubic yards per truck. • Mine Not Subject to 10-year Project Expiration DITCH 5 — located at 1100 94th Av SW; there is no expiration date for this project based on the regulations in effect at the time of approval.The site plan was approved in 1995 prior to the 10 year maximum regulation, which went into effect in February 1996. The mine was approved for 3,400,000 cubic yards. There is no restriction on time or days that the mine can run. NO EXTENSION NEEDED OR REQUESTED. F:\Community Development\Users\Kelly\mine\MINE INFORMATION.docx 171 ATTACHMENT 3 6/24/2015 Extending Mining Operation Timeframes Based on Recent Economic and Development Downturn Board of County Commissioners June 23, 2015 • County allows mining in agricultural districts (AP use) • Mined materials: fill, sand, coquina, rock • Since 1996: 10 Year Limit on Mining Operation Approvals • End of approval period: restored site (lake, grassed slopes) 171.1 6/24/2015 • 10 Year Limit regulation includes provision for BCC to extend limit if request made prior to project expiration: 1. Mining operation inactivity occurred due to market conditions (such as "economic recession") 2. Extension timeframe granted does not exceed period of market-related inactivity • Currently one active mine not subject to 10 year limit: Ditch 5 (south county) • Currently five active mines subject to 10 year limit (none expired): Hammond, Fischer South County, Ranch Road, Davis, Wild Turkey 171 .2 6/24/2015 • Staff approached by various mining owners/operators about obtaining extensions based upon recent economic downturn • Fischer & Sons (Chuck Cramer) involved in County mining regulations for decades, treated as an "industry representative; recently made written extension request with supporting data • Staff reviewed Fischer & Sons data, excavation data on all the active mines, local development activity data Fischer South County Data (Mine at 86th Ave & 17th St SW) Year Days Allowed* Days Operated Unused Days 2008 xM tntrgrltqgnrMrttMnrinnengetTOIMMEMIIMITIMIWIRIMIIII1 2009 312 8 304 121.011016101M021.11100.1.4111123111141.1120.101.210011.1 2011 312 160 152 2012 4 moi_ i 38 274 . 312 , 2013 312 35 277. 1014SiningenfirMige . 261 m 2,184 453 1,731 171.3 6/24/2015 • 1,731 unused days = 5.5 "years" of unused allowable mining activity during a 7 year period (2008 — 2014) • 5 year extension warranted based on the data • 5 year extension generally consistent with 4 year extensions provided by state during the recession • Reported excavation volumes for all mines showed significant drops in volumes during 2007 — 2013; varied by mine • Most mining demand generated by local development activity; acknowledge critical public project demand during recession • Widely used local development activity measure: single family permit data I7 ► .4 6/24/2015 County/Vero Beach Single Family Building Permits Issued 2000-2015* 3,500 3,000 2,500 E a 2,000 *Fa a, 1,500 1-no Baseline±1,000 permits/yr. 1,000 ---- 50%of Baseline 500 — -- 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015* *Projected from first 5 months of 2015 Calendar Year • Staff position: treat all mines active during the 2008 — 2014 "downturn years" equally • Five mines active during the entire 2008 — 2014 period: grant 5 year extension • One mine active for most of 2011 2014 period: grant 3 year extension 111. 5 6/24/2015 RECOMMENDATION • BCC determine there were significant periods of mining inactivity during the 2008 — 2014 period due to market conditions (economic/development downturn) • BCC grant 5 year extension to Hammond, Fischer South County, Godfrey, Ranch Road, and Davis mines • BCC grant 3 year extension to Wild Turkey mines (71, 6 Departmental Matters Indian River County r) 13 :1-- 04- Inter-Office Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: June 11, 2015 Subject: Health Insurance Renewal— FY 2015/16 And Recommended Plan Adjustments for FY 2015 6 016/17 From: Jason E. Brown - Director, Management& Budget Colleen Peterson —Human Resources Manager W,P Background Indian River County operates a self-insured health insurance program for employees and retirees of the Board of County Commissioners as well as the five (5) Constitutional Officers. County staff, with assistance from our broker(The Gehring Group), regularly monitors our claims experience and evaluates options to reduce and control costs going forward. Healthcare costs in the State of Florida have increased by about 9% per year. In order to manage these costs and avoid passing such increases on to the taxpayers each year, the County has made various plan changes aimed at reducing cost increases and sharing the burden of such costs between the employer and employees. The County made plan adjustments in fiscal years 2005/06, 2006/07, 2007/08, and 2009/10 to manage these expenses. In recent years, however, two factors have prevented the County from making plan changes. First, the Affordable Care Act ("Obamacare") placed certain requirements on health insurance plans beginning on March 23, 2010. Any new plans must provide new benefits, such as certain preventative services and women's health initiatives, free of charge. Plans in existence prior to March 23, 2010 are considered "grandfathered" and do not have to comply with these requirements under Obamacare. If plan changes are made to an existing plan, however, it loses its"grandfathered" status. It has been estimated that the cost to fund these additional requirements is between 3% - 5% of total plan costs. The County's health insurance program is a "grandfathered" plan. In order to avoid the additional costs associated with the new requirements, the County has not made any plan changes since 2010. As an additional challenge, any plan changes that would save money now have to overcome the additional "Obamacare" costs. An additional consideration for the County has been the reluctance to shift significant healthcare costs to the employees in light of the fact that most received little or no wage increases for several years. Through a combination of wellness programs, outreach, and good fortune, the County's healthcare costs experienced relatively modest cost increases for several years (see Table 1 below). Over the last two years, though, expenses have begun to increase substantially. The fund experienced reasonable surpluses for fiscal years 2008/09 through 2012/13. In fiscal year 2013/14, the fund experienced a moderate loss (approximately $800,000). During the current fiscal year, claims expenses have risen substantially. As of April 30, 2015, the health insurance fund was running a deficit of approximately $800,000. If this rate continues, the annual loss will be about $1.4 million, or nearly 10% of total expenses for the current fiscal year. 172 Board of County Commissioners Page 2 of 4 June 11, 2015 Each year, our broker provides a renewal projection based upon current claims history projecting costs forward with a 9% annual rate of increase. This projection shows expected total healthcare costs of $19.2 million with the current plan. Table 1-Annual Healthcare Costs Total Healthcare % Increase/ (Dec.) Fiscal Year Expenditures from Prior Year 2008/09 $13,681,578 n/a 2009/10 $14,208,908 3.9% 2010/11 $13,557,377 -4.6% 2011/12 $13,503,300 -0.3% 2012/13 $14,779,396 9.5% 2013/14 $16,290,083 10.2% 2014/15 Proj. (annualized) $17,700,000 8.7% (proj.) 2015/16 Proj. (Gehring) $19,300,000 9.0% (proj.) Analysis and Funding Staff estimates that the health insurance fund will experience a shortfall in fiscal year 2015/16 of about $3 million with no change in funding rates. Please see Table 2 below for the current funding rates for health insurance divided into the employer and employee portion. Table 2-FY 2014/15 Month! Health Insurance Contributions (Active Employees) Employee (Single) Dependent (Family) Covera•e Covera•e Employer Portion Monthly Amount $475.00 $715.00 % of Total Cost 100% 76.7% Employee Portion Monthly Amount $0.00 $217.50 % of Total Cost 0% 23.3% Total Contribution $475.00 $932.50 Board of County Commissioners 173 Page 3 of 4 June 11, 2015 Staff recommends addressing the projected shortfall over a two-year period. The self-insurance fund has a healthy level of reserves that can absorb this loss in the near-term. Over the longer term, this shortfall must be addressed with plan adjustments. Staff recommends the following adjustments for fiscal year 2015/16. Fiscal Year 2015/16 Plan Adjustments: Est. Annual Savings/Adjustment Increase Employer Contribution by $30/month $459,000 Establish Employee Contribution of$20/ month for Single Coverage $159,600 Increase Employee Contribution by $40/month for Family Coverage $438,240 Plan modifications (Blue Choice 0727) see summary of changes below $243,511 Total Estimated Savings/Adjustment— FY 2015/16 $1,300,351 Table 3—Summary of Significant Plan Modifications FY 2014/15 FY 2015/16 Deductible— Single $400 $500 Deductible— Family $800 $1,000 Physician office visit copay $25 $30 Specialist visit copay $45 $60 Urgent care copay $25 $60 Prescription copay— brand name $35 $40 Prescription copay— non preferred brand $50 $60 Note: This table shows significant plan changes, some other items, such as chiropractic copays, advanced imaging, clinical labs, and mental health services see small adjustments as well. Fiscal Year 2016/17 Plan Adjustments: Est. Annual Savings/Adjustment Increase Employer Contribution by $75/month $1,147,500 Plan modifications (Blue Options Plan 05180/05181) $2,311,596 See summary below Less: Health Reimbursement Account (HRA)funding costs $1,500/Year- Family Coverage ($1,369,500) $750/Year—Single Coverage ($498,750) Total Estimated Savings/Adjustment— FY 2016/17 $1,590,846 174 Board of County Commissioners Page 4 of 4 June 11, 2015 Table 4—Summary of Significant Plan Modifications FY 2015/16 FY 2016/17 Deductible—Single $500 $1,500 ($750 in HRA) Deductible— Family $1,000 $3,000 ($1,500 in HRA) Physician office visit copay $30 10% after deductible Specialist visit copay $60 10% after deductible Urgent care copay $60 10% after deductible Prescription copay— brand name $40 $50 after deductible Prescription copay—non preferred brand $60 $80 after deductible Note: This table shows significant plan changes, some other items, such as chiropractic copays, advanced imaging, clinical labs, and mental health services see small adjustments as well. If this plan is implemented, the total savings over the two-year period would be about $2.9 million. The first year includes plan changes similar to those made in previous years. The second year recommendation is a more significant change in the structure of the plan. Staff believes that this plan provides additional time for the County to provide the necessary employee education and outreach to assist employees in transitioning to the revised plan. Recommendation Staff recommends that the Board of Commissioners approve the plan changes as stated above in order to address the funding shortfall expected for the County's health insurance program. APPROV. : AGEND , MID : BY: L�. • ph A. Baird %/ C. Administrator FOR: June 23, 2015 Indian River County A.• .ved ate Administrator 1p /-7/, County Attorney Budget L 16 N5 Department 4,1 Risk Management AfPi,. /I.a 175 6 . ,/5 /a2E/ aJ aJ Ale' Q Q `00` y e a e • cs a\eQaoev o eG aye 6aeCi \ \ NW ye a ` 6se4e, ,c'b *a \� c\cOeOJC Q` ° oof° IRC Average * 36,193___-_--_—_-- Single Deputy Sheriff 38,950 0 240 100 20 35 90 485 485 N/A 1.3% Family Deputy Sheriff 38,950 2,610 480 200 47 82 212 1021 3,631 39% 2.6% County Cost * average Salary(per IRC Chamber of Commerce website) __-- * average family in IRC is 2.35 members __-- * 1 prescription per month (single)2.35 prescriptions (family)@7.50 increase __-- *4 annual doctor vistis per family member(2.35 per family) __-- * 1 urgent visit per family member(2.35 per family) __-- *assumes full deductable is met _--- liriraA aA ase aA e c) c°� a,,e �°�e 'ore oQ C.a� ,° -0' Ae ye cJ `e' `ease r,, ' `L e�� •6 z` ♦ `yea \cava co \c° Oe O�•` JQO , ey ,soca ,s°�a A\•� 4° IRC Average * 36,193__----____-- Single Deputy Sheriff 38,950 240 510 750 80 60 180 1580 1,820 658% 4.0% Family Deputy Sheriff 38,950 3,090 -1590 1500 188 141 423 662 3,752 21% 1.7% * 1 prescription per month(single)2.35 prescriptions(family)@$15.00 increase __-- *average family in IRC is 2.35 members __-- *4 annual doctor vistis per family member(2.35 per family) __-- * 1 urgent visit per family member(2.35 per family) __-- * $200.00 per doctor visit;$600.00 per urgent care visit _--- * assumes full deductable is met _--- 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 (Single)Medical 0 0 0 0 0 0 0 0 1.30% 4.00% 5.3 (Family)Medical 0 0 0 0 0 0 0 0 2.60% 1.7% 4.3 Salary Increase 0% 0% 0% 0% 0% -3% 3% 3% ? ? 3% „ d- 11) 1 0 N d d -1 nD m- G E, 5 5 o q a) CD CD 0 G) 0) V1 N CD CD Departmental Matters Indian River County a, E(9w. Inter-Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: June 16, 2015 SUBJECT: Optional Sales Tax E ''n - Update FROM: Jason E. Brown Director, Management& :udg Background On June 2, 2015, the Board of Commissioners directed staff to provide a report on the process and timeline requirements to place an item on the November 2016 ballot to extend the Optional Sales Tax. Please find the requested information included below. Section 212.055(2), Florida Statutes authorizes counties to levy the Local Government Infrastructure Surtax ("Optional Sales Tax") at a rate of up to 1.0 percent. The levy of this sales tax shall be pursuant to an ordinance enacted by a majority of the members of the Board of County Commissioners and approved by the voters in a countywide referendum. The Optional Sales Tax was first approved by the voters in 1989 for a period of fifteen (15) years. In 2002, the voters approved an extension of the tax for a period of fifteen (15) years and seven (7) months. This second term is set to expire on December 31, 2019. There will be two (2) countywide general elections between now and the expiration of the levy first in 2016 followed by another in 2018. During the discussion on June 2nd, there was a general consensus among the Board that placing this question on the November 2016 general election would result in the largest voter turnout—and consequently the most representative vote of the electorate—for this important issue. As such, the timelines discussed below pertain to the November 2016 general election per communications with the Supervisor of Elections. Referendum language must be submitted to the Supervisor of Elections no later than August 31, 2016 in order to appear on the November 2016 ballot. Prior to this time, the Board must adopt an ordinance which, among other things, approves the final ballot language. In 2002, this ordinance was approved in July. It should also be noted that prior to the adoption of the ordinance, the County asked the five (5) municipalities to pass resolutions supporting the extension. While this step is not required, it may be valuable to the process. Previous Prolects funded with Optional Sales Tax Per Section 212.055(2)(d), the Optional Sales Tax can be used to, "finance, plan, and construct infrastructure; to acquire land for public recreation, conservation, or protection of natural resources; to provide loans, grants, or rebates to residential or commercial property owners who make energy efficiency improvements to their residential or commercial property, if a local government ordinance authorizing such use is approved by referendum; or to finance the closure of county-owned or municipally owned solid waste landfills that have been closed or are required to be closed by order of the Department of Environmental Protection." 176 Board of County Commissioners Page 2 of 3 June 16, 2015 The Optional Sales Tax currently provides revenues of about $15 million per year to the County and about $6 million per year to the municipalities. Please see below for a listing of some of the major projects completed by the County with Optional Sales Tax proceeds. The municipalities have utilized these funds for several projects as well. 1. Road Projects — The Optional Sales Tax has been a key source of funding for the County's transportation improvements. Some of these projects include; Oslo Road widening — U.S. 1 to 58th Avenue, CR 512 widening -- U.S. 1 to 1-95, 66th Avenue widening — SR 60 to 57th Street, 66th Avenue paving — SR 60 to 4th Street, 53`d Street (with Developer contribution), various bus shelters and numerous sidewalks. 2. Jail Construction — Multiple expansions of the County Jail have been completed with this funding source. The most recent was an additional 256 bed facility in 2007. 3. Emergency Vehicles — Over the years. Optional Sales Tax has funded replacement vehicles for the Sheriff's Office as well as County Fire Rescue. 4. Parks & Recreation Improvements — Improvements include: the Shooting Range, North County Park ballfields, the North County Aquatic Center, Fairgrounds improvements, South County Park ballfields, Gifford Park improvements, Gifford Aquatic Center (with private contributions), Main Library expansion, North County library expansion, and Brackett Library construction (with State grants). 5. General Governmental Facilities — Numerous additional facilities have been funded fully or partially with Optional Sales Tax including, the Courthouse, Emergency Operations Center (EOC), County Administration Building, Health Department Building, and Fleet Management facility (jointly with the School District). 6. Stormwater Improvements — The County has funded numerous projects aimed at improving the Indian River Lagoon by managing Stormwater and removing harmful nutrients. These include PC Main ($5.4 million) in 2008 followed by Egret Marsh and Osprey Marsh. The projects also utilized grant funds and other sources which leveraged the Optional Sales Tax dollars. Discussion of Benefits of Optional Sales Tax The Optional Sales Tax offers a number of advantages as detailed below: 1. Everyone pays-not just property owners: The County population swells significantly with part-time residents and tourists during the winter months. County roads and other infrastructure are built for peak demand. Visitors use the same parks, libraries, roads and other facilities as permanent residents. In many cases, these visitors may not fully pay the cost of construction for these facilities. 2. Reduces the burden of impact fees: Without the Optional Sales tax credit, impact fees paid on new development would be significantly higher than their current levels. This could have the impact of dampening economic development and placing additional stress on the construction industry. 3. "Essentials" such as food and medicine are not taxed: Additional taxes can place a hardship on people with limited economic resources. The tax exempts most essential purchases in order to avoid this hardship on lower income residents. 4. Health of the local economy is preserved: Large transactions such as car, boat and RV sales are important contributors to the economic health of the County. The Optional Sales Tax is not levied on sales amounts over $5,000. This caps the maximum amount of additional tax paid on a purchase at$50. 177 Board of County Commissioners Page 3 of 3 June 16, 2015 5. Reduced debt burden/ ad valorem taxes: The Optional Sales tax has allowed the County to fund the majority of capital improvement projects on a pay as you go basis. This reduces the need to rely upon outside debt as a funding source as well as the resultant interest expenses incurred. Generally, bond issues and other forms of debt often increase property taxes as scarce revenues must be pledged to fund ongoing debt service. The County's low debt burden has allowed us to achieve one of the lowest General Fund tax rates in the State of Florida. 6. Cities and County share revenue: The Optional Sales Tax is shared with the five (5) local municipalities in accordance with the formula established in Section 218.62, Florida Statues. This has allowed the municipalities to fund many of their infrastructure needs as well reducing their reliance on ad valorem taxes. Attachment Agenda Item dated June 25, 2002— Public Hearing—Ordinance Extending Local Optional Sales Tax APPROV - 'GENDA f .f : BY: �f i._ Jos • ' . Baird % Co Administrator FOR: June 23, 2015 Indian River County Approved Date Administrator (� /17II:5( ' County Attorney \1 1%ly Budget 6(I blt� Department 11 178 L774/ INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM TO: Board of County Commissioners FROM: Joseph A. Baird, Assistant County Administrator DATE: June 25, 2002 SUBJECT: Public Hearing—Ordinance Extending „ Local Optional Sales Tax At their regular meeting on May 21,2002 the Board of County Commissioners approved holding a public hearing to extend the local optional sales tax for an additional fifteen years and seven months. Resolutions supporting an extension of the one-cent sales tax for up to 15 years have already been adopted by all municipalities within the County (the cities of Vero Beach, Sebastian, Fellsmere, Indian River Shores, and Orchid). A county-wide referendum must be held to extend the optional sales tax. The public hearing today is being held to approve the attached Ordinance in order to place the issue of the sales tax question on the November 5, 2002 ballot. The official ballot and question will be as follows: NOVEMBER 5, 2002 OFFICIAL BALLOT INDIAN RIVER COUNTY,FLORIDA ONE CENT SALES TAX EXTENSION SHALL THE DURATION OF THE ONE-CENT SALES SURTAX LEVIED IN INDIAN RIVER COUNTY BE EXTENDED AN ADDITIONAL FIFTEEN YEARS AND SEVEN MONTHS FROM MAY 31,2004, ITS CURRENTLY SCHEDULED EXPIRATION DATE,E,'J 0 DECEMBE 31.2019 TO FINANCE,1'I_A-'� AND CONSTRUCT INFRASTRUCTU1fl INCLUDING ROADS, BRIDGES, JAIL EXPANSION. LIBRARIES, FIRE/PARAMEDIC STATIONS, STORMWATER IMPROVEMENTS, RECREATION FACILITIES, COUNTY ADMINISTRATION BUILDINGS, CLOSURE OF LANDFILLS, AND ANY OTHER COUNTY AND MUNICIPALITY INFRASTRUCTURE PROJECTS ALLOWED BY LAW? FOR the extension of the one-cent sales tax AGAINST the extension of the one-cent sales tax JAB/mg 111111/1-FIx Cc A99roved Date APPROVED AGENDA ITEMr For _� I Budget 7 , -02 Yiv 4 /r Dept. I t . B J-* !� r' Risk Mgr. I 179 '4' ORDINANCE 2002- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE EXTENSION OF THE EXISTING ONE-CENT (1 cent) LOCAL GOVERNMENT INFRASTRUCTURE SALES SURTAX FOR AN ADDITIONAL PERIOD OF FIFTEEN YEARS AND SEVEN MONTHS BEYOND THE FIFTEEN YEAR DURATION ESTABLISHED FOR THE 1989 SURTAX IN INDIAN RIVER COUNTY ORDINANCE No. 89-6; PROVIDING FOR COMPLIANCE WITH THE NEW LEVY AND COLLECTION PROVISIONS OF FLORIDA STATUTES SECTION 212 . 054; PROVIDING FOR A REFERENDUM ON THE EXTENSION OF SUCH SURTAX; PROVIDING THE FORM OF THE BALLOT TITLE AND THE QUESTION ON THE REFERENDUM; PROVIDING FOR A GENERAL DESCRIPTION OF THE PROJECTS TO BE FUNDED BY THE EXTENDED SURTAX; PROVIDING FOR DISTRIBUTION OF A PORTION OF THE PROCEEDS OF THE EXTENDED SURTAX TO ALL OF THE MUNICIPALITIES WITHIN INDIAN RIVER COUNTY; PROVIDING FOR EFFECT OF REFERENDUM RESULTS; PROVIDING AUTHORIZATION FOR NECESSARY ACTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of County Commissioners adopted Ordinance 89-6 at a duly noticed public hearing held on January 30, 1989 (the "1989 Ordinance" ) to authorize the levy of a one-cent (1 ) (one percent [1%] ) discretionary infrastructure sales surtax (the "1989 Surtax") and to call for a referendum to be held on March 14 , 1989 for voter approval of the 1989 Surtax; WHEREAS, the referendum question asked the voters to adopt the 1989 Surtax for fifteen (15) years and the referendum on the 1989 Surtax was approved by a majority of the electors at such election; WHEREAS, the 1989 Ordinance provided that the 1989 Surtax would take effect on June 1, 1989 and end May 31 , 2004 ; WHEREAS, Florida Statutes Section 212 . 054 (5) now provides that "No discretionary sales surtax ... shall take effect on a date other than January 1 . No discretionary sales surtax shall terminate on a day other than December 31 . " ; WHEREAS, to comply with the current previsions of Florida Statutes Section 212 . 054 (5) , any extension of the 1989 Surtax approved by an ordinance of the Indian River County Board of County Commissioners and approved by voters at a referendum must be 1 180 // ORDINANCE 2002- effective as of January 1 , 2004 with the collection of such extended levy to commence June 1, 2004 ; WHEREAS, to comply with the current provisions of Florida Statutes Section 212 . 054 (5) , any extension of the 1989 Surtax approved by ordinance of the Indian River County Board of County Commissioners and approved by voters at a referendum must end at the end of a calendar year; and WHEREAS, the Board has thoroughly considered the options available to it with respect to extension of the 1989 Surtax and has determined that the 1989 Surtax should be extended . through December 31, 2019 . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to Sections 212 . 055 (2) , 212 . 054 (5) , and 101 . 161 (1) Florida Statutes, and other applicable provisions of law. SECTION 2 . APPROVAL OF EXTENSION OF LEVY OF 1989 SURTAX. Subject to voter approval as hereinafter set forth, the Indian River County Board of County Commissioners, as the governing body of Indian River County, Florida, hereby approves the extension of the current levy of the 1989 Surtax for an additional period of fifteen years and seven months beyond the fifteen year duration established row tl,e 1989 Surtax in the 1989 col ely to comply with the current provisions of Florida Statutes Section 212 . 054 (5) , the extension of such levy shall be deemed to be for a period of sixteen (16) years, effective January 1, 2004 and ending December 31, 2019; however, the collection of such extended levy shall commence on June 1, 2004 and shall continue through December 31, 2019 . Therefore, the collection of the extended levy of the 1989 Surtax will commence midnight 12 : 00 a.m. , June 1, 2004 and continue for a period of fifteen (15) years and seven (7) months through December 31, 2019 . SECTION 3 . SURTAX REFERENDUM. Pursuant to Florida Statutes Section 212 . 055 (2) , a referendum election shall be held in Indian River County, and the Supervisor of Elections shall cause to be placed on the ballot for the November 5, 2002 ^1 71o,.*;on, the question of the approval or disapproval of to extension of the existing 1989 Surtax provided in Section 2 of this Ordinance. 2 181 //2 ORDINANCE 2002 - SECTION 4 . OFFICIAL BALLOT TITLE AND QUESTION. The form of ballot title and cruestion to be used in the referendum on the extension of the 1989 Surtax shall be in substantially the following form: NOVEMBER 5, 2002 OFFICIAL BALLOT INDIAN RIVER COUNTY, FLORIDA ONE CENT SALES TAX EXTENSION SHALL THE DURATION OF THE ONE-CENT SALES SURTAX LEVIED IN INDIAN RIVER COUNTY BE EXTENDED' AN ADDITIONAL FIFTEEN YEARS AND SEVEN MONTHS FROM MAY 31, 2004, ITS CURRENTLY SCHEDULED EXPIRATION DATE, TO DECEMBER 31, 2019 TO FINANCE, PLAN, AND CONSTRUCT INFRASTRUCTURE INCLUDING ROADS, BRIDGES, JAIL EXPANSION, LIBRARIES, FIRE/PARAMEDIC STATIONS, STORMWATER IMPROVEMENTS, RECREATION FACILITIES, COUNTY ADMINISTRATION BUILDINGS, CLOSURE OF LANDFILLS, AND ANY OTHER COUNTY AND MUNICIPAL INFRASTRUCTURE PROJECTS ALLOWED BY LAW? FOR the extension of the one-cent sales tax. AGAINST the extension of the one-cent sales tax. SECTION 5 . USE OF REVENUES BY THE - COUNTY AND THE MUNICIPALITIES IN THE COUNTY. (1) County Use. The County hereby commits to use the County's share of the proceeds of the extension of the 1989 Surtax, if the extension of such 1989 Surtax is approved by a majority of the voters voting in the referendum, as follows : (i) road and bridge construction, reconstruction, improvement, and widening projects countywide; (ii) construction of expanded facilities for Indian River County jail facilities; (iii) construction of proposed new library branches and expansion of existing libraries ; (iv) construction of new fire/paramedic stations and expansion of existing stations; g / = 182 r / ORDINANCE 2002- (v) construction of new County Administration buildings; (vi) stormwater projects; and (vii) other projects approved by the Board of County Commissioners . (2) Municipality Uses . Municipalities may only spend their share of the revenues from the extension of the 1989 Surtax to finance, plan, and construct infrastructure and to acquire land for public recreation or conservation or protection of natural resources and to finance the closure of county-owned or municipally owned solid waste landfills that are already closed or are required to close by order of the Department of Environmental Protection, any and all of which purposes are approved by the electors . (3) Infrastructure Definition. For purposes of the use of revenues from the extension of the 1989 Surtax by the County and the municipalities, the term "infrastructure" shall have the meaning set forth in Section 212 . 055, Florida Statutes (2002) , including: a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities which have a life expectancy of 5 or more years and any land acquisition, land improvement, design, and eng_neerJng costs related thereto. b. A fire department vehicle, an emergency medical service vehicle, a Sheriff ' s office vehicle, a municipal police department vehicle, or any other vehicle, and such equipment necessary to outfit the vehicle for its official use or equipment that has a life expectancy of at least 5 years . (4) Distribution to Municipalities . State law provides that municipalities are to receive a share of the revenues from the extension of the 1989 Surtax in accordance with the terms of any interiocal acreement entered into between the Indian River County Board of County Commissioners as the governing body of Indian River County, Florida and the governing bodies of the municipalities representing a majority of Indian River County' s municipal population or, in the absence of an interlocal agreement, in 4 ,/ 183 ORDINANCE 2002- accordance with the state revenue sharing formula. The infrastructure sales surtax proceeds from the extended levy of the 1989 Surtax shall be distributed to the respective municipalities within the County pursuant to the state revenue sharing formula. SECTION 6 . REFERENDUM RESULTS. If a majority of the votes cast at the referendum in respect to the extension of the 1989 Surtax shall be "For the extension of the one-cent sales tax" , the 1989 Surtax extension shall be approved and the extension of the 1989 Surtax shall thereupon be levied effective June 1, 2004 and shall continue in full force and effect through and including December 31, 2019 . • • SECTION 7 . SAVINGS CLAUSE. In the event the Referendum is not approved, the levy of the 1989 Surtax shall remain in effect as originally provided in the 1989 Ordinance; and the proceeds of the 1989 Surtax shall continue to be used for the purposes provided in the 1989 Ordinance and shall continue to be distributed as provided in the 1989 Ordinance. SECTION 8 . AUTHORIZING NECESSARY ACTION. The County hereby authorizes the proper officials to do all things deemed necessary in connection with the holding of the referendum and the levy of the Surtax, if approved, to the extent provided by law and in this Ordinance. SECTION 9 . SEVERABILITY. It is declared to be the intent of the Board of County Commissioners that if any word, phrase, clause, sentence, section, subsection, or portion of this Ordinance is for any reason held or declared to be unconstitutional , inoperative or invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion, and such holding shall not affect the validity of remaining portions of this Ordinance. SECTION 10 . FILING WITH DEPARTMENT OF STATE AND DEPARTMENT OF REVENUE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Department of State, Bureau of Administrative Code, The Elliot Buildinc, 401 South Monroe Street , Tallahassee, Florida 32399-0250, and to the Department of Revenue . SECTION 12 . EFFECTIVE DATE. This Ordinance shall take effect immediately upon filing with the Department cf State . This Ordinance was advertised in the Vero each Press Journal on June 19, 2002, for a public hearing to be held on July 2, 2002 . 5 184 i i/ ORDINANCE• 2002- During the July 2 , 2002 , public hearing, this Ordinance was moved for adoption by Commissioner , and seconded by Commissioner , and adopted by the following vote : Chairman Ruth M. Stanbridge Vice Chairman John W. Tippin Commissioner Fran B. Adams Commissioner Kenneth R. Macht Commissioner Caroline D. Ginn DULY PASSED AND ADOPTED THIS 2nd DAY OF JULY, 2002. INDIAN RIVER COUNTY, FLORIDA Attest : J. K. Barton, Clerk BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Ruth M. Stanbridge Chairman Approved: Approved as to form and legal su a,iiciency: �, 4,_-44!://57 James E.• Chandler ` `'aul G. Rangel County Administrator ' County Attorney 185 6 • Indian River County Inter-Office Memorandum Office of Management & Budget To: Members of the Board of County Commissioners Through: James E.ChandlerG CountyAdministraf From: Joseph A. Baird Assistant County A' ' •*strata Jason E.Brown Budget Manager Date: May 15, 2002 Subject: Extension of Local Option Sales Tax FY 2004/05 through FY 2019/20 Des crintion: Chapter 212 of the Florida Statutes permits County residents to vote upon, and impose additional taxes upon themselves in order to raise monies for any number of purposes, as predefined by law. For several years now, Indian River County has had such a `discretionary surtax' in place. Commonly known as the "Local Option Sales Tax' or, more formally, the `Local Government Infrastructure Surtax," this one cent sales tax was first approved by the voters in 1989 for Funding certain critical capital projects at that time. For example, county roads were upuaded to come into compliance with the Comprehensive Plan. The new Courthouse, the Indian River County Jail and the new Health Department building were all constructed using Optional Sales Tax funds. The tax was approved for a term of fifteen years. During this time, the Optional Sales Tax has made possible such current projects as building expansions at both the Main and North County Libraries; and continued improvement and upgrading of the County's road system through paving,bridge repair and construction of new sidewalks and bike paths. venue, a major Major road projects have also been made possible four lanes from Route 60 Currently,toOsloARoad, to better north-south conduit, is being widened to accommodate the markedly increased traffic caused by a population increase in the County. Old bridges leading to this road arealso being replaced in an effort to enhance traffic flow coming from major streets leading to 58th Avenue. 186 An expanding population needs increased safety andhealth services. With that in mind, sales tax:-- - - funds have been used to construct additional-fire stations, as well.as expand existing fire-stations - to accommodate new Advanced Life Support (ALS) services. A new Health Department dental clinic was recently under construction. The Sheriff's Department has used sales tax funds for a much needed security retrofit at the Indian River County Jail. The tax also made it possible to expand recreational offerings to our residents by construction of entirely new parks, such as the North County, South County and Round Island Parks, as well as improvements at Donald McDonald and Wabasso Causeway Parks. The Gifford Aquatic Center, a new state of the art swimming facility completed in just the past year, was partially funded by this tax, and partially funded by private contributions coordinated by the Gifford Progressive Civic League. The original referendum approved the Optional Sales Tax through May 31, 2004. In order to continue receiving funding from this source, the Board must approve an ordinance calling for a Countywide referendum set before the voters during the November 2002 general election. The purpose of this agenda item is to illustrate the advantages of this tax and to urge passage of an ordinance allowing the tax to continue for an additional 16 years. Discussion: The Optional Sales Tax offers a number of advantages over the traditional ad valorem (property) tax, as described below: 1. Everyone pays-not lust the property owners: Our population swells significantly with part-time residents and tourists during the winter months. County roads and other infrastructure are built for peak demand. Visitors use the same libraries, roads and parks as our permanent residents. Yet because of their 'nonpermanent' status, they do not 'pay' for their construction or use as our property owners do. Pursuant to Section 212.054(2)(a), Florida Statutes, the tax . . shall be a discretionary surtax on all transactions occurring in the county which transactions are subject to the state tax imposed on sales, use, services, rentals, admissions and other transactions by this chapter and communications services as defined for the purposes of Chapter 202." Clearly, anybody visiting here for any length of time will be highly likely to 'use' or `purchase' a service which will have the tax imposed on it. 2. "Essentials" —Food and Medicine are not taxed: Any extra tax, even a small one, can place undue hardship on people with limited economic resources. The tax exempts most purchases of food and medicine, just as these purchases are exempt from state taxes. Rather, the tax is on `non-essential' transactions, in essence, those that might be considered above the basic survival needs of an individual. 3. Health of the local economy is preserved: Large transactions such as car and boat sales are important to the economic health of the County. The local option sales tax cannot be collected on sales amounts above $5,000 on any item of tangible personal property-thus capping the maximum amount of additional sales tax collectible on this type of transaction at $50. 187 4. Money is earmarked for specific proiects: In accordance with Florida Statutes, the - Optional Sales Tax cannot be used for governmental operating expenses. A schedule detailing proposed projects for the first five year period of the levy-discussed in more detail later in this agenda item- does show operating expenditures associated with these projects but this category is for information only. Only capital expenditures associated with a project may be expended from Optional Sales Tax funds. 5. Reduces the burden of impact and user fees on building contractors and homeowners when a service must be provided under the County's Comprehensive Plan. 6. Debt burden is reduced: A steady stream of revenue for capital projects reduces the need to rely upon outside debt as a funding source, as well as the resultant interest expenses incurred. Generally, bond issues and other forms of debt, and their issuance and borrowing costs, often increase property taxes or impact revenue streams which are needed for the County's operating expenses. Certainly any way that the County can realistically reduce reliance upon outside debt as a revenue source is desirable. 7. Cities and County Share Revenue: The sales tax is not just received by the County..All municipalities receive a proportionate share of the sales tax for their infrastructure,needs. The distribution is based upon the formula established in Chapter 218.62, Florida Statutes. Future Capital Protects-Prioritization of Proiects As stated earlier, the original voter referendum only extended the Local Option One Cent Sales Tax until 2004. As the population of our County continues to increase, the sales tax will prove an advantageous way to fund the necessary projects and services that our expanded populace will require for its safety and well-being. Recently, the County Administrator's Office asked the Departnie s to analyze the County's infrastructure needs over the coming years and submit proposals from their perspective. When this analysis was complete, projects totaling over $150 million in combined capital expenditures were submitted for the Administrator's review. This office then reviewed and rated these projects according to urgency. Of the over $150 million in capital requests originally submitted, only $61 million in revenues are available in the first five years to fund the submitted projects. Projects considered having the highest priority were included for funding in this first five year period. Some of the less critical projects will be considered for funding in the second or third five year periods in the context of the County's infrastructure needs in that future time. A preliminary schedule of proposed projects for the first five year period, October 1s`, 2004- September 30th, 2009 is on file in the BCC office. This schedule provides a brief description of each project and its originating department, as well as estimated construction costs and operating expenses over this five year period (Operating expenditures are not funded by this tax, and are included for information purposes only). f 188 Larger Projects under consideration for the period October 1. 2004-September 30. 2009 Highlighted below is a tentative list of some of the larger projects under consideration in the 2004-2009 period. This is by no means a final list, rather it is submitted merely for discussion purposes. 1. More people bring more vehicles, and so road and bridge projects remain a high priority. The 43`d Avenue corridor is slated for expansion to 4 lanes from 8th to 26th Streets, to address increasing traffic congestion and accidents in that area ($2,000,000). Bridges at the Lateral A Canal, east of 66th Avenue are in critical need of repair($5,000,000). In the North County, residents there can benefit from left turn lane improvements at the intersections of a number of streets and heavily traveled 58th Avenue (estimated cost, $900,000), and a proposed four lane widening of County Road 512 ($1,000,000). In total, $19,400,000.will be needed from Optional Sales Tax for road improvement projects over the next five years. 2. A proposed expansion of the Indian River County jail to include a 240 person medium security unit (cost estimate: $11,317,000 before operating expenditures)is a necessary project given the continued growth in population. 3. A proposed library branch—with an estimated cost of construction of$6,680,000 4. Two new fire/paramedic stations-estimated cost to purchase land and build the stations- $3,337,443 5. Stormwater projects such as those planned for Vero Lake Estates help preserve the Indian River Lagoon by reducing pollution runoff(estimated cost $2,000,000). 6. Many tourists from throughout the world come to Vero Beach specifically to visit our beautiful beaches. Renourishment projects have been proposed to battle erosion problems our area beaches have experienced. Conclusion and Recommendations: It is important to emphasize that these projects will become necessary regardless of whether the Optional Sales Tax is extended. If the Optional Sales Tax is not approved, projects such as those listed above will need to be funded from other sources, which would have a substantial impact on ad valorem (property) taxes. Resolutions supporting an extension of the one-cent sales tax for 15 years have already been adopted by all municipalities within the County (the Cities of Vero Beach. Sebastian and Fellsmere as well as the Towns of Indian River Shores and Orchid). These municipalities also benefit from the tax as they receive a proportionate share of any monies the County receives for their infrastructure needs as well. 189 Given the clear advantages that the Local Option Sales Tax will provide to Indian River County, • we recommend that the Board: 1. Review the list of proposed capital projects forwarded by the County Administrator to be included in the first five year plan. It must be emphasized again that the schedule is merely preliminary. There are many more worthy projects that warrant immediate funding then there will be available dollars for, making any decisions as to their inclusion or exclusion during the first five year period extremely difficult The list is presented for discussion and input purposes in order to arrive at a final proposal. 2. Approve the creation of an ordinance calling for a countywide referendum during the November General Election, to be held November 5th, 2002 (Staff will be presenting this ordinance for formal approval by the Board in June). 3. Staff also recommends that the Local Option Sales Tax be approved for a period of 16 years. Per law the tax must be levied on a calendar year basis, which we propose should begin January lst, 2004 and end December 31, 2019 (This would avoid gaps from the end of the prior levy-May 3lSt, 2004, to January 1St, 2005, the beginning of the current one). We believe that this extended period will allow for better long range planning of the County's and its municipalities' capital funding needs. APPROVED AGENDA ITEM: Indian River County Approved Date Administrator f e g /- BY: ` rd 1776 71� James E. Chaner Legal l County Administrator Budget ("Ar7 57/47— rh.par rn nt FOR: May 21, 2002 Risk Management / 190 / �/ CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM / a F1 TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Christopher J. Kafer,Jr., P.E.,County Engineer FROM: Richard B.Szpyrka, P.E., Project Engineer SUBJECT: Indian River County Intergenerational Recreation Facility(IG Bldg) at South County Regional Park—Change Order No. 1 IRC Project No. 1135 DATE: June 11,2015 DESCRIPTION AND CONDITIONS On December 9,2014,the Board of County Commissioners approved awarding Bid No.2014052 to KAST Construction Company,LLC.,for the IG Bldg project in the amount of$10,676,278.03.At the time,it was anticipated that the building permit for the project would be issued within 90 days.A preconstruction meeting was held on January 13, 2015 and a tentative notice-to-proceed date of March 2, 2015 was established. The IG Bldg design plans were originally reviewed by the Indian River County Building Department on October 1,2014,with comments returned to Borrelli&Partners,Inc.,the design consultant.Following a series of design submittal-and-review cycles,as well as a'change'in the IG Bldg structural calculations which necessitated thicker tilt-walls and larger footers,a building permit was finally issued on May 27, 2015. At this time, the increase in cost for thicker tilt-walls and larger footers due to the structural design changes to the IG Bldg is $145,832.13. Any additional costs incurred by KAST as a result of delays associated with the building permit issuance have not been finalized and submitted to the County.As such, staff is requesting additional funds in the amount of $145,832.13 to fund the additional cost associated with the tilt-walls and footers and is requesting an additional fifteen(15)days be added to the contract time.This will allow for construction of the building to begin, thereby suspending daily delay costs associated with the critical path of the project. FUNDING Funding for Change Order No. 1 is available in Optional Sales Tax Account No.31521072-066510-03028 in the amount of$145,832.13. F:\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\Change Order #1\I135-IG Building-Change Order-l.doc 191 PAGE TWO IG Bldg Richard B.Szpyrka, P.E.,Project Engineer June 23,2015,Consent Agenda Item RECOMMENDATION Staff recommends approving additional funding for Change Order No.1 in the amount of$145,832.13 in order to suspend daily delay costs from Kast Construction Company,LLC. The new total contract price will be$10,822,110.16. ATTACHMENTS KAST Construction Company, Inc. Letter Dated:June 11, 2015 Drawdy Concrete Construction Estimated Cost WO No. 1114 262 dated 5/26/2015 DISTRIBUTION Kast Construction Company, LLC 4 pate Borrelli&Partners, Inc. Administration TLC Engineering for Architecture, Inc. P Firiall I I ��i APPROVED AGENDA ITEM PINIMIER YMM Wert Works FOR Ju 23 201 /1 t EMMA FEIN BY F:\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park lntergeneratiional Rec Facility\Admim\agenda items\Change Order 192 #1\1135-IG Building-Change Order-1.doc SECTION 00942-Change Order Form No.Ql DATE OF ISSUANCE: June 23 2015 EFFECTIVE DATE: June 23.2015 OWNER: Indian River County CONTRACTOR KAST Construction Company. LLC. Project: INTERGENERATIONAL RECREATION FACILITY AT SOUTH COUTY REGIONAL PARK OWNER's Project No. 1135 OWNER'S Bid No.2014052 You are directed to make the following changes in the Contract Documents: Description: Increase in building footer size and tilt wall thicknesses due to changes in the building design documents. Reason for Change Order: During the building permit review process there was a change to the design engineer that required a re-evaluation of the building design.At that time, the building design changed. Attachments: KAST Construction Company, Inc. Letter Dated:June 11,2015 Drawdy Concrete Construction Estimated Cost WO No. 1114 282 dated 5/26/2016 CHANGE IN CONTRACT CHANGE IN CONTRACT TIMES PRICE: Description Amount Description ' Time Original Contract Price 910.676.278.03 Original Contract Time: (days or dates) Substantial Completion: 1Q Final Completion: aQQ Contract Price prior to this $10.676.278.03 Contract Time prior to this Change Change Order: Order: (days or dates) Substantial Completion: Q Final Completion: 380 Net increase(decrease)of 5145.832.13 Net increase(decrease)this this Change Order. Change Order: (days or dates) Substantial Completion: 11 Final Completion: 15 Contract Price with all 510.822.110.16 Contract Time with all approved approved Change Orders: Change Orders: (days or dates) Substantial Completion: ••- Com.baton: ACCEPT ! RECOMMENDED: APPROVED: NTRACTO (Signature) ENGINEER(Signature) OWNER(Signature) Date: vG��//-3 Date: /q/t Date: 1135-change order#1 080815 00842-1 F:1Ablle WrINIENOINEEPiNG DIVISION PNOASCTS11135-S Canty Park WasprrmWbrrl Res FsallyValinirnlasends/Isms Chings Order t1N135•Chrgs Order", 050e1S dos Rsv.OW1 193 KAST KAST Construction Company, LLC 701 Northpoint Parkway,Suite 400 West Palm Beach, FL 33407 June 11,2015 Dan Trbovich,Project Architect Via e-mail: dtrbovich@borrelliarchitects.com Borrelli+Partners 720 Vassar Street Orlando, FL 32804 Christopher Kafer, P.E. County Engineer,via e-mail: via e-mail: ckafer@ircgov.com Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 Richard B. Szpyrka, P.E. Via e-mail: rszpyrka@ircgov.com Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 Re: Indian River County Intergenerational Recreation Facility 1590 9th Street SW,Vero Beach, FL Subj.: Conformed Drawings Added Work for Concrete Footings and Concrete Tilt walls only. Dan/Chris/Richard, The following represents the concrete footing and tilt wall changes only: Drawdy Concrete Construction,LLC @$136,286.04 $136,286.04 KAST GL Insurance @ 0.90% $ 1,226.57 KAST Bond @ 1.00% $ 1,375.13 KAST 5%OH&P $ 6,944.39 Total $145,832.13 Please accept this as our RCO#5 The other changes of the conformed drawings and our delay claim will be addressed in the next RCO as we continue to collect pricing from the subcontractors and vendors affected by the changes. It will include changes and costs related to Structural Steel, HVAC, Electrical, Landscape, Price Escalations due to the delay in construction and our delay claim charges. Feel free to call should you require any additional information. 1 194 KAST Sincerely, KAST CONSTRUCTION COMPANY, LLC i Robert Binford, Project Manager CC: Roger Whitman,Vice President,CFO KAST Construction Eric Plotke,Vice President,Field Operations KAST Construction File: Owners Correspondence End.: RCO 05 and Drawdy quote 2 195 KAST construction KAST CONSTRUCTION COMPANY, LLC 701 NORTHPOINT PARKWAY,SUITE 400 WEST PALM BEACH,FL 33407 Request for Change Order No. 05 Date: 6/11/2015 Project: 14-014-01 IRC INTERGENERATIONAL REC CENT 1590 9TH STREET SW VERO BEACH,FL 32962 To: Dan Trbovich From: KAST CONSTRUCTION COMPANY,LLC BORRELLI+PARTNERS 701 NORTHPOINT PARKWAY 720 VASSAR STREET SUITE 400 ORLANDO,FL 32804 WEST PALM BEACH,FL 33407 Description: Add Steel Reinf.,Concrete for enlarged footings and tillt walls as shown on the Conformed Dwgs. You are directed to make the following changes in this Contract Additional Steel Reinforcing,Concrete for enlarged footings and tillt walls as shown on the Conformed Drawings received 5/22/2015. This Change does not include delays and other affected trades-Pricing is still being collected for the other changes of the conformed drawings. The above-mentioned changes are established from attached documentation(Exhibit A). The total direct cost to perform this work is $136,286.04 (Please refer to attached sheet for details.) Insurance $136,286.04 0.90% $1,226.57 Bond $137,512.61 1.00% $1,375.13 Fee $138,887.74 5.00% $6,944.39 Total: $145,832.13 Please note that KAST CONSTRUCTION COMPANY,LLC will require an extra 15 calendar days. Response Due:6/25/2015 ARCHITECT CONTRACTOR OWNER BORRELLI+PARTNERS KAST CONSTRUCTION COMPANY,LLC INDIAN RIVER COUNTY 720 VASSAR STREET 701 NORTHPOINT PARKWAY 1800 27TH STREET BLDG A. ORLANDO,FL 32804 WEST PALM BEACH,FL 33407 VERO BEACH,FL 32960 By: By: By: Date; Date: Date: Cc: Page 1 oft 196 KAST consir uction KAST CONSTRUCTION COMPANY, LLC 701 NORTHPOINT PARKWAY,SUITE 400 WEST PALM BEACH,FL 33407 Request for Change Order No.05 Date:6/11/2015 Price Breakdown Continuation Sheet Description: Add Steel Reinf.,Concrete for enlarged footings and tint walls as shown on the Conformed Dwgs. Description Cost Code Labor Material Equipment Subcontract Other Price TILT-WALL 03-030 S136,286.04 $136,286.04 Subtotal: $136,286.04 Page2of2 197 262-02 DRAWDY CONCRETE CONSTRUCTION,LLC �- 2945 W.MIDWAY ROAD II - FT.PIERCE,FL 34981 E1)AWDY; 1 GC# CGC1511648 Con L Construction OFFICE NUMBER 772-464-8160 Proven Experience at the Core FAX FAX NUMBER 772-464-0360 I ESTIMATING FAX 772-464-2031 EMAIL dannv@drawdvcc.com FROM: Drawdy Concrete Construction,LLC >°, .f; " �`T.y�T__�; ti t £4.``;,=:;,41..TA TO: Kest Construction ! .�'1 .I _ '"1-,_ ATM Robert Binfordx ' WON: 1114 262 .f '44 ; [i 1 DATE: 05/26/15 ' ? L1-. . )¢�-� - . CHANGE#: 262-02 [751,76-61W"' :_ ' ' 1. - 161- j'�;l FAX NUMBER: i4,, i t 11141,:.�t.�,:4. % ,7,:i' REASON FOR CHANGE A.BUDGET ERROR REFERENCE#: Rev 3 drawings B.PLAN ERROR WORK LOCATION Main building C.PRICE CHANGE JOB NAME Wien River Recreational Cent( X D.ADD IN ADDITIONAL WORK E.DEDUCT FROM CONTRACT F.OTHER CHANGE# DESCRIPTION OTY UNIT PRICE TOTAL PRICE 262-02 Materials foundations 3k reg weight concrete 110 $92.75 $10,202.50 cast bed 3k reg weight concrete 15 $92.75 $1,391.25 tilt panels 5k reg weight concrete 182 $147.80 $26,899.60 per Trip short load charge 10 $175.00 $1,750.00 per LB reinforcing rebar straight 24970 $0.46 $11,486.20 Per LB reinforcing rebar bands 7150 $0.80 $5,720.00 Per LB reinforcing rebar accessories 32120 $0.05 $1,606.00 per bolt expansion bolts for foundation conn 50 $3.50 $175.00 Per plate connector plates panel to panel 60 $8.50 $510.00 Per plate panel to panel connection plate 20 $12.50 $250.00 Per plate foundation embed connection plate 50 $31.50 $1,575.00 form materials/accessories 1 $1,650.00 $1,650.00 Sub-total $63,215.55 6.50% Tax $4,109.01 Total $67,324.56 Labor Overtime premium 0 $15.00 $0.00 Superintendent 0 $52.00 $0.00 Forman(layout) 16 $40.00 $640.00 Carpenter(foundation change) 95 $38.00 $3,610.00 Labor(foundation change) 95 $34.00 $3,230.00 Carpenter(panel changes/add panel) 105 $38.00 $3,990.00 Labor(panel changes/add panel) 105 $34.00 $3,570.00 Carpenter(add casting bed) 12 $38.00 $456.00 Labor(add casting bed) 12 $34.00 $408.00 Concrete finisher(add panel square ft) 13 $38.00 $494.00 Concrete finisher(add casting bed) 16 $38.00 $608.00 Iron Worker Page 1228 $38.00 $8,664.00 2"concrete pump operator 0 $38.00 $0.00 198 262-02 per hour bobcat operator 38 $38.00 $1,444.00 Subcontractor/Rentals 2"Concrete pump 0 $75.00 $0.00 T 190 Bob-cat 38, $60.00 $2,280.00 per ton Foundation rebar revised shops 28.3 $45.00 $1,273.50 per panel Tilt panel drawing revisions 80 $98.00 $7,840.00 per brace Panel lifting/bracing add(2)panels 6 $110.00 $660.00 per weld welding subcontractor 60 $25.00 $1,500.00 1 month Crane differential from 250 to 300 ton 1 $12,500.00 $12,500.00 cast bed lazor screed 2000 $0.15 $300.00 cast bed 20 yard dumpster 3 $225.00 $675.00 Labor and Rentals $54,142.50 Materials $67,324.56 Total M,L,R $121,467.06 10% Overhead $12,146.71 Sub-total $133,613.77 0% Profit $0.00 Total w/o Bond $133,613.77 2.00% Bond ADD $2,672.28 Total Change order $136,286.04 Sub-Contractor Representative Contractors Representative Description of change Cost associated with Revised drawings dated May 2,2015 1.revised foundation design changed WF-3.0 to WF-4.0,added(2)gut walls with WF-4.0 new foundations 2.Revised tilt panel designs changed thickness of panels added(2)new panels designated P-90 and P-91 3.Revised tilt panel added column rebar cages per revised details 4.Added 2,000 square foot of casting bed to accommodate added square footage of panels 5.Revised rebar shop drawings for foundation,based on 28.3 tons of rebar 6.Revised panel shop drawings plus new shop drawings to address added(2)panels 7.Added panel to foundation shearwall connections at(2)new panel locations Sub-Contractor reserves the right to time under the terms and conditions of the contract. If Contractor executed change order is not received at the time work is performed Sub-Contractor will be performing the work under protest per contract provisions. Sub-Contractor will invoice change order work the following month the work is performed by signing daily tickets Contractor agrees to fund change order work within 30 days Page 2 199 County Attorney's Matters-B.C.C. 6.23.15 V Oce of .40 INDIAN RIVER COUNTY * ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney O. DATE: June 12, 2015 SUBJECT: Request for Closed Attorney-Client Session Relating to Indian River County vs. Turner Construction Company et al. (Case No.: 312011 CA002999) BACKGROUND. A mediation session in Indian River County vs. Turner Construction Company et al. is scheduled for July 10, 2015. In accordance with Section 286.011(8), Florida Statutes the County Attorney requests that the Indian River County Board of County Commissioners (the "Board") schedule a closed attorney- client session to be held on July 7, 2015 in the County Commissioners' Conference Room. Per Florida Statutes, the subject matter of the meeting shall be confined to settlement negotiations and/or strategy sessions related to litigation expenditures. The attendees at the session will be the Board, the County Administrator, the County Attorney, outside counsel, Casey Walker, and a certified court reporter. Reasonable public notice will be given of the session. It is estimated that the session will last approximately 45 minutes. RECOMMENDATION. The County Attorney recommends that the Board schedule a closed attorney-client session to occur at 10:30 AM on July 7, 2015. Indian River Co. A la ov d Date APPROVED FOR JUNE 23, 2015 Admin :raja. B.C.C. MEETING—ATTORNEY S = "ERS Co.A tL{{r�tariallEM' Budget swam MEM OUNTYATTORNEY Risk Mgr. F,AnonryGENERALiB C C./4fmk AlewwuirwrneeLawsuit-Shook Mfg RegwesNdy 2015 doer ---_-_-- -- -- 200 County Attorney's Matters-B.C.C. 6.23.15 - Office of 133 0INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney Qfr DATE: June 12, 2015 SUBJECT: Potential Lawsuit Challenging Florida Development Finance Corporation Approval of the Issuance of$1,750,000,000 of Tax Exempt Private Activity Bonds for All Aboard Florida BACKGROUND Initially the Florida Development Finance Corporation had scheduled a meeting for May 28, 2015 to consider adopting resolution to authorize the issuance of bonds to finance the proposed All Aboard Florida project. This meeting was cancelled at the request of the applicant. On June 1, 2015, the Florida Development Finance Corporation re-scheduled the meeting for June 10, 2015. The next day, Martin County, Indian River County and the citizen group CARE FL filed a letter, which is attached, with the Florida Development Finance Corporation outlining substantial legal and procedural defects in the composition of the Florida Development Finance Corporation's Board of Directors ("Board"). In the letter, it was noted that a majority of the Florida Development Finance Corporation Board was unlawfully nominated, a majority of the Florida Development Finance Corporation Board was never confirmed by the Senate as required by law, and the Florida Development Finance Corporation Board lacks enough members for a quorum. By Friday that week, it was announced that the June 10, 2015 meeting had been cancelled. The Florida Development Finance Corporation explanation was that travel logistics created uncertainty for convening a quorum. As of the time of this memorandum, the Florida Development Finance Corporation meeting has not yet been re-scheduled. However, in an email from the Florida Development Finance Corporation attorney, Mr. Joseph Stanton, to Mr. Stephen Ryan, dated June 5, 2015, it was noted that "[e]fforts are underway to reschedule the meeting for another date in June, if possible." Indian River Co. Ap vett Date Approved for June 23,2015 BCC Meeting Admin. oihr- County Attorney's Matters Co.Atty. li 415 Budget — Department Risk Management --- COUNTY ATTORNEY F:UrarnryLj,4.GENERALIB C CNgendo Mewor Florido Derrlop...Finance Corpor000n Lawsuit doe 201 Board of County Commissioners June 12, 2015 Page Two Because of the substantial defects outlined in the attached letter, the County Attorney's Office is considering filing a lawsuit in state court to enjoin the Florida Development Finance Corporation from meeting or the issuance of the bonds in the event the Florida Development Finance Corporation authorizes the issuance until the defects are cured. Since the Florida Development Finance Corporation Board meeting could be scheduled at and for anytime, the County Attorney's Office is requesting the authorization to file lawsuit at this time. In order to limit the costs of such litigation, the County Attorney's Office proposes to handle the litigation in-house in conjunction with Martin County, CARE FL and any other interested opposition. FUNDING The Board has previously authorized $2.7 million for litigation related to All Aboard Florida. The funding for this litigation would come from the general fund. RECOMMENDATION The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote to authorize the County Attorney's Office to file a complaint in state court challenging the Florida Development Finance Corporation's approval of the issuance of the tax exempt private activity bonds for All Aboard Florida. F..'vlttorneytend&GENERALIB C CL4ge.do Mnno,'Floeida Development Rance Corpoeanon Lawson doc 202 June 2,2015 Mr.Bill Spivey Executive Director Florida Development Finance Corporation 800 N.Magnolia Ave Suite 1100 Orlando,FL 32803 Mr.Joseph Stanton,Esq. Legal Counsel Florida Development Finance Corporation 800 N.Magnolia Ave Suite 1100. Orlando,FL 32803 Re: FDFC Board Actions in Light of Its Current Composition Dear Mr. Spivey and Mr. Stanton: I am writing on behalf of Citizens Against Rail Expansion in Florida(CARE FL)regarding substantial legal and procedural defects in the composition of the Florida Development Finance Corporation's("FDFC")Board of Directors("Board"). In light of the cancellation of the May 28,2015 FDFC hearing on the issuance of$1.75 billion in tax-exempt bonds to All Aboard Florida("AAF"),you might already be aware of these defects. As you already know,on August 20,2014,the FDFC Board agreed by a vote of 3-0 to issue S1.75 billion in tax-exempt bonds to All Aboard Florida("AAF"). This action was later revealed to be invalid,since the terms of the voting Board members had expired and other defects. Despite recent attempts to establish a properly constituted Board,there continue to be fatal flaws in the current makeup of the Board that indicate any action it would have taken on May 28,2015 would be in violation of law. 1. The FDFC Board does not have even one lawfully nominated banker as required by Florida Statute Two Board members,Mr.Daniel Davis and Mr.Frank White,were clearly nominated in violation of law. Florida Statute 288.9604(2)explicitly states that"[sit least three of the directors shall be bankers who have been selected by the Governor from a list of bankers who 203 FDFC June 2,2015 Page 2 were nominated by Enterprise Florida,Inc." §288.9604(2)(emphasis added). Additionally, Article IV, §4.2(1)of the FDFC's own amended and restated by-laws state that the Board must consist of"[ajt least three bankers who have been selected by the Governor from a list of bankers who were nominated by the Enterprise Florida,Inc." FDFC Amended By-laws,Art. IV, §4.2(1)(2001)(emphasis added). Pursuant to Florida Statute 288.9604(2)and Art. IV, §4.2(1) of the by-laws,Enterprise Florida submitted the following names to the Governor on March 18, 2015: Mr. Frank DiBello,Space Florida;Mr.Alex McCoy,Putnam County Chamber of Commerce;Ryan Tennyson,TD Bank;Rebecca Reynolds,TD Bank;and Kevin Hale,Mutual of Omaha Bank. However,on March 27th,Governor Scott selected only Mr.Kevin Hale from the list of nominees from Enterprise Florida,and officially nominated Mr. Hale,Mr.Daniel Davis, and Mr. Frank White.2 Neither Mr.Davis nor Mr. White was nominated by Enterprise Florida,leaving the Board with only one member from the list of bankers nominated by Enterprise Florida. The Board appears to now be composed of only one properly nominated director who is a banker. Ms.Reynolds,a banker,previously served on the Board,but as the Governor's office stated in its March 27's announcement,"Kevin Hale Q succeeds Rebecca Reynolds and is appointed for a term beginning March 27,2015."Mr.DiBello,who also previously served on the Board,was never appointed by any Governor and was never confirmed by the Senate. Furthermore,Mr.DiBello is the President of Space Florida and is not a banker as required by the statute and FDFC's By-laws. Mr.McCoy and Mr.Tennyson were explicitly excluded from the Governor's appointments on March 27"'. Accordingly,unless other sitting members were nominated by Enterprise Florida,selected by the Governor,and confirmed by the Senate,this represents a clear violation of the law's requirement that the Governor select three members from Enterprise Florida's list of nominees. 2. A majority of the FDFC Board was never confirmed by the Senate as reauired by law In addition to the unlawful nominations of the required bankers to serve on the FDFC Board,two of the Board's members,Mr.Kevin Hale and Mr. Daniel Davis,were never confirmed by the Senate. Florida Statute 288.9604(2)provides that"[tjhe Governor,subject to confirmation by the Senate,shall appoint the board of directors of the corporation,who shall be five in number." § 288.9604(2)(emphasis added). As stated in section(1)above,Governor Scott nominated Mr.Hale,Mr.Davis,and Mr.Frank White to the Board. The Senate was in session during this period and confirmed Mr.White on May 2,2015—but never confirmed Mr.Hale or Mr.Davis. The Senate's decision to confirm Mr.White and not Mr.Hale or Mr.Davis is significant as it had well over a month to take up their nominations yet failed to confirm them. This glaring inaction on such a high profile and high impact issue leaves the Board improperly constituted pursuant to §288.9604(2). I See Lisa Broadt,FDFC gets board nominees;AU Aboard Florida ties seen,Treasure Coast Newspapers(Mar. 19,2015),available at http://www.styrk.com/posts/fdfc-gets-board-nominees-all-aboard-florida-ties-seen. 2 See Office of the Governor,Governor Rick Scott Appoints Three to Florida.Development Finance Corporation,Recent Appointments(Mar.27,2015),available at Jtttu//www.flgov.com/2015/0327/governor-rick- scott-appoints-three-to-floride-development-finance-corporatiottl. 204 FDFC June 2,2015 Page 3 3. The Board lacks enough members for a quorum Florida Statute §288.9604(3Xb)provides that"[t]he powers of the corporation shall be exercised by the directors thereof. A majority of the directors constitutes a quorum for the purposes of conducting business and exercising the powers of the corporation and for all other purposes." § 288.9604(3)(b). Article IV, §4.6 of the FDFC by-laws clarifies what constitutes a majority of the Board and a quorum:"[f]or purposes of determining a majority of the Board and a quorum for any meeting,the number or members of the Board shall be deemed to be the members appointed by Governor AND confirmed by Senate." FDFC Amended By-laws,Art. IV,§4.6 (emphasis added). Pursuant to Article IV, §4.6,Senate confirmation is required for Board members. Id As explained in Sections(1)and(2)above,Mr.White is the only Board member confirmed by the Senate—but he was not properly nominated and hence cannot lawfully serve. 4. One of the Board members who has not been nrouerly nominated or confirmed also has a serious conflict of interest with respect to the Florida East Coast Rallroad/AAP'Protect Article IV,§4.10 of the FDFC by-laws provides that"[n]o director shall vote on any measure before the Board in which he has a personal,private or professional interest and which inures to his special private gain or the special gain of any principal by whom he is related." FDFC Amended By-laws,Art.IV, §4.10. Former Board Member Mr.Peter Tesch,the President of the St.Lucie Economic Development Committee("EDC"),followed this conflict of interest requirement when he abstained from voting on the AAF resolution on August 20,2014,because Florida East Coast Industries/AAF was a member of the St.Lucie EDC. As President and CEO of the Jacksonville Chamber of Commerce,Mr.Daniel Davis—like Mr. Peter Tesch—has a professional interest in AAF that inures to the special private gain of a principal by whom he is retained. Florida East Coast Railway("FEC"),an affiliate of AAF,is a Bronze Member of the Jacksonville Chamber. Additionally,Mr.Robert Ledoux,Senior Vice President of FEC,and Mr.Andrew Westhoff, Senior Vice President of Marketing and Sales of FEC,are Trustees of the Jacksonville Chamber. This represents a clear conflict of interest,and for this reason alone Mr.Davis must abstain from voting on AAF-related issues. Moreover,Florida Statute §288.9604 indicates that FDFC Board members are public officers subject to Florida Statute 112.3143. See Fla.Laws Ch.2014-183(clarifying that provisions of the Code of Ethics for Public Officers applies to FDFC Board members). Section 112.3143(2)(a) states: A state public officer may not vote on any matter that the officer knows would inure to his or her special private gain or loss.Any state public officer who abstains from voting in an official capacity upon any measure that the officer knows would inure to the officer's special private gain or loss,or who votes in an official capacity on a measure that he or she knows would inure to the special private gain or loss of any principal by whom the officer is retained or to the 205 FDFC June 2,2015 Page 4 parent organization or subsidiary of a corporate principal by which the officer is retained other than an agency as defined in s. 112.312(2);or which the officer knows would inure to the special private gain or loss of a relative or business associate of the public officer,shall make every reasonable effort to disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the minutes.If it is not possible for the state public officer to file a memorandum before the vote,the memorandum must be filed with the person responsible for recording the minutes of the meeting no later than 15 days after the vote. § 112.3143(2)(a). The legislature enacted its conflict of interests laws because it deemed that"[i]t is essential to the proper conduct and operation of government that public officials be independent and impartial and that public office not be used for private gain other than the remuneration provided by law. The public interest,therefore,requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts may exist."§ 112.311. Therefore,following the spirit of Section 112.311 and the requirements of Section 112.3143(2Xa),Mr.Daniel Davis must abstain from voting on AAF-related matters and should have publicly disclosed the nature of his interest in AAF prior to this time. We believe Mr. Davis,a distinguished former legislator,has not focused on or thought about this conflict of interest,and as soon as he evaluates it,he and counsel for the FDFC will agree he must recuse himself for all three reasons:his improper nomination;his lack of Senate confirmation;and his conflict of interest. Doing so immediately will indicate he is acting in an ethical and responsible manner. 5. None of the FDFC Board members have filed Statements of Financial Interest and hence cannot conduct a bearing Article N, §4.14 of the FDFC by-laws provides that FDFC Board Members arc required to file an Annual Statement of Financial Interests pursuant to Florida Statute 112.3145. At this point,none of the Board members have released their statements of financial interest. In light of Mr.Daniel Davis's conflict of interest,all Board members should file their financial interest forms before taking official action on any FDFC matter. Summary Given these facts,the composition of the FDFC Board and the Board's actions with respect to AAF are likely to be closely reviewed by a court and certainly by the public. That being said,there are significant issues surrounding individual Board members' nominations,confirmations(or lack thereof),conflicts of interest and the resulting lack of 206 FDFC June 2,2015 Page 5 a quorum,as well as their failure to file required financial disclosures. First,the Governor selected only one individual from the list of nominees submitted to him by Enterprise Florida—a violation of the law's requirement that the Governor select three bankers from that list. Second,notwithstanding the improper nominations, the Senate confirmed only Mr.White,who was improperly nominated,and never confirmed Mr. Hale or Mr. Davis. Third,these procedural defects leave the Board without a statutorily defined quorum. Fourth,Mr.Davis,who not only was improperly nominated by the Governor and was not confirmed by the Senate—as required by law—also has an serious conflict of interest on AAF-related issues and must abstain from voting on AAF matters. Finally,none of the Board members have filed their required financial disclosures,which must be cured before they can act. In light of these substantial defects,the FDFC Board should refrain from acting upon the AAF bonds or any other matter until these serious defects are fixed. Stephen '09- ,Esq. CARE ^: Counsel 1111A : i '' am, sq. Martin Co ' ttorney 'a Ian Reingold,Esq. Indian River County Attorney 207 Fort Pierce residents say plans for former power plant site don't tit downtown's character ... Page I of Fort Pierce residents say for formerpower plant plans site don ' t fit downtown ' s character BY: Keona Gardner POSTED: 12:31 PM, Sep 17, 2014 UPDATED: 5:14 AM, Sep 18, 2014 TAG: our growth and development(/topic/our+growth+and+development) I fort pierce(/topic/fort+pierce) shaping our future(/topic/shaping+our+future) I st lucie county(/topic/st+lucie+county) FORT PIERCE — The city should scrap plans to convert the former H.D. King Power Plant into a hotel and residential units because it doesn't fit downtown's character. That was the consensus of more than 130 people who attended Wednesday's two- hour Community Redevelopment Agency Advisory Committee meeting. It was the first public unveiling of St. Petersburg-based Mosaic Development plans to redevelop the 6-acre downtown site into a 120 bed-hotel, Soo-unit apartment complex, 55 town houses and a four-story parking garage. The City Commission approved in June allowing city staff to start talks with Mosaic officials but have not approved the plan. Resident Leslie Olson, who organized a public community meeting Tuesday evening about the plan, asked officials to conduct a second search to give the city more redevelopment options. "Let's not walk down the aisle with the first suitor who shows up," Olson said. Among the features of the proposed development is for 55, three-story town houses with rooftop patios to be built on land west of Second Street, giving residents a view of the city marina and the Indian River Lagoon. http://www.tcpalm.com/franchise/shaping-our-future/fort-pierce-officials-meeting-wednes... 3/21/2015 Fort Pierce residents say plans for former power plant site don't fit downtown's character ... Page 2 of 3 It also calls for a five-story apartment complex, with studio, one and two bedroom apartments, costing between $1,110 and $1,550 in rent per month, said Mosaic principal Roxanne Amoroso. It will be marketed to young professionals and empty nesters. Asked where the city would find young professionals with corporate jobs,Amoroso, quoting from an unnamed federal report, said 10,00o jobs will be created in the next decade from the bio-tech, medical industry and Indian River State College. The audience erupted in laughter. Several audience members said they were concerned 300 apartment units would fill downtown with renters, who may not be committed to redeveloping the area. "Pride comes with ownership. You don't own an apartment," said resident Tim O'Connell. Resident Barry Robertson said he was concerned the location of the town houses plan wasn't realistic because of their proximity to to railroad tracks. "The town houses back up to the busiest rail yard on the Florida east coast," Robertson said. "Who wants to buy a town houses with that behind them?" The audience booed when city officials cut public comments to one minute per speaker after several speakers went over the 3-minute time limit. The property, between North Indian River Drive and North Second Street, is one of a few pieces of public waterfront property remaining in the downtown. The plant was decommissioned in May 2008 and the city continues to clean up the site from ground contamination, which has not been completed. Construction won't start until after the cleanup is finished. The City Commission has not approved the plan. Deputy City Manager Nick Mimms said there is no deadline for when a decision could be made. http://www.tcpalm.com/franchise/shaping-our-future/fort-pierce-officials-meeting-wednes... 3/21/2015 DISTRICT INDIAN RIVER COUNTY, FLORIDA /5 MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chief 1 DATE: June 10, 2015 SUBJECT: Approval of Property Lease for Temporary Location of Fire Station 7 It is respectfully requested that the information contained herein be given formal consideration by the County Administrator. DESCRIPTION: On March 20,2015,the board directed staff to find a temporary site for modular housing to relocate Fire Station 7. The consideration for the temporary site was to include improved long term service delivery for Fire Rescue Operations.The temporary site will allow further time for potential new site procurement for a permanent station within the service area. Staff has selected a parcel located at 1893 90th Avenue. The parcel is located on the west side St. Lucie Tire and Battery and is approximately 1.0 acres in size. The lease amount will be $1000.00/month. FUNDING: ITEM Amount Account Number Station#7 Property Lease $1,000.00 11412022-034410 RECOMMENDATION: Staff recommends approval of the lease. ATTACHMENTS: Two Copies of the Lease Indian River County M Date Administrator «11DI Legal M(IER Budget WL1DIIA Risk Management !MIKE 7- Department 208 cipy LEASE AGREEMENT THIS LEASE AGREEMENT for a portion of the property located at 1893 90th • Avenue, Vero Beach, FL, 32966 ("Lease Agreement") is entered into this day of , 2015 by and between the Lessor, Joseph G. Miller, ("Lessor")and Lessee, INDIAN RIVER COUNTY,a political subdivision of the State of Florida("County") Witnesseth That: WHEREAS, the County has a present need for a location to set up Fire Station#7 to provide fire and rescue services to the citizens of Indian River County; and WHEREAS, Joseph G. Miller owns a piece of real property located at 1893 90th Avenue, Vero Beach, FL, 32966 ("Property"), which includes a 1.0 acre vacant area on the west side of the Property(the"Leased Premises"); and WHEREAS,the County believes that leasing the Leased Premises from Joseph G. Miller on a short-term basis would be in the public interest by providing a useful location to place a modular fire station to serve as Fire Station#7; and NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound,Lessor,Joseph G. Miller and the County agree as follows: 1. RECITALS. The above recitals are true and correct and incorporated herein by reference. 2. TERM OF LEASE AND RENT. The initial term of this lease shall be 24 months commencing on this day of June 2015,and terminating on June 2017 (the Initial Term"). Rent for the entire lease term shall be $1,000.00 per month. Monthly rent shall be payable in advance, on the first day of each month. If the first or last month of the lease term is a partial month, rent for that month shall be pro-rated accordingly. This Lease Agreement is renewable, at the sole discretion of the County, for 3 additional one(1)year terms. 3. EFFECTIVE DATE. This Lease Agreement shall become effective on the date of its approval by the Indian River County Board of County Commissioners, and execution by Joseph A. Baird,the County Administrator,after approval as to form and legality by the Indian River County Attorney("Effective Date"). 4. DESCRIPTION OF PROPERTY. Lessor hereby leases to the County, and the County hereby leases from Lessor,the Leased Premises which consists of the west 1.0 acre of the following real property, including the facilities located thereon, 1 209 located at the following street address 1893 90th Avenue, Vero Beach, FL, 32966, and is more particularly described as follows: See Exhibit"1"attached hereto 5. USE OF PROPERTY AS A FIRE STATION. It is agreed and understood that the County intends to place a modular facility on the Leased Premises and use it as Fire Station #7 to provide fire and rescue services to the citizens of Indian River County. 6. ACCESS. In addition to any other legal access, the County shall have access to the Leased Premises from 90m Avenue. 7. SECURITY DEPOSIT. Prior to occupancy of the Leased Premises, the County shall deliver to Lessor a security deposit equal to one (1) month's rent. Lessor shall hold the security deposit in accordance with applicable Florida law. The deposit shall stand as security for, and shall be available to Lessor to pay any losses or damages caused by the County's failure to comply with any material provision of this lease, and any other amounts owed by or due from the County pursuant to this Lease Agreement. 8. PROPERTY LEASED "AS IS". It is understood and agreed that the County accepts the premises "AS IS", with all faults and limitations, provided that nothing herein shall be construed to negate any provision of this Lease Agreement. The County has examined the Leased Premises and agrees that they are acceptable and suitable for County's purposes. The County agrees to surrender the Leased Premises upon the expiration or earlier termination of this Lease Agreement in conformance with the terms and conditions of this Lease Agreement. 9. MAINTENANCE AND REPAIRS. The County shall maintain the Leased Premises in a safe, clean and attractive condition, and shall make all necessary repairs so that the Leased Premises is maintained during the term of the Lease Agreement in substantially the same condition as it was given at the beginning of the lease. The County shall surrender the Leased Premises at termination or expiration of the lease, in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted. 10.ALTERATIONS AND IMPROVEMENTS AND PUBLIC UTILITIES. The County intends to put a modular facility on the Leased Premises and connect it to County water and sewer. The County and the Lessor agree to split of the actual cost of the connection fee to connect the Leased Premises to County water and sewer between the Lessor and the County on a 50/50 basis. The County agrees to pay, within time allowed for payment without penalties, all of its share of charges and fees for water and wastewater incurred with respect to the Leased Premises during the lease term. The parties agree to consult and agree on any other 2 210 alterations or improvements to the Leased Premises during the term of this Lease Agreement. 11. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. The County shall have the right to install on the Leased Premises such equipment and other items necessary or convenient for the County's use of the Leased Premises. All equipment and items purchased by the County and placed in, on, or about the Leased Premises, shall remain the property of the County. The County may remove such equipment or items on or before the termination or expiration of this lease. The County shall remove all of its personal property which is not attached or affixed to the Leased Premises prior to termination or expiration of the lease. 12. ASSIGNMENT OR SUBLEASE; NUMBER OF OCCUPANTS. The County shall not assign, sublease or transfer any part of this Lease Agreement or the Leased Premises, without the prior written consent of Lessor. 13. DEFAULT. Each of the following shall constitute an event of default: (a) the failure by the County to pay rent when due, and (b) the failure by either party to comply with any other material provision of this Lease Agreement. Upon the occurrence of a default, the non-defaulting party shall be entitled to all remedies in law or in equity, including, without limitation, termination of the lease and eviction from the leased premises; provided, however, that an event of default shall not be grounds for termination or eviction, unless, with respect to the non- payment of rent (sub-section a above), such non-payment continues for seven (7) days after receipt, delivery to the leased premises or posting on the leased premises of written notice demanding payment of such rent, and, with respect to the failure to comply with any other material provision of this lease(sub-section b above), such failure continues for fifteen (15) days after receipt, delivery to the leased premises or posting on the leased premises of written notice demanding compliance. 14. TERMINATION OF LEASE. This lease shall terminate at the expiration of the lease term, without renewal or extension set forth in writing and signed by both parties or if the Leased Premises becomes unfit or not suitable for continued occupancy by the County to operate Fire Station #7. After the Initial Term, the County has the right to terminate this Lease Agreement at any time with 60 days notice without any penalty. 15. ANNUAL APPROPRIATION. This Lease Agreement is subject to annual budget and/or appropriation by the Board of County Commissioners and staffing allocation by the County Administrator. 16.NOTICE. Any notice required by this lease, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to County at: 3 211 Lessor: Joseph G. Miller County: Indian River County Board of County Commissioners Attention: County Attorney 1801 27th Street Vero Beach, Florida 32960-3365 The above addresses may be changed by either party by written notice to the other party. 17. ENTIRE AGREEMENT. This written Lease Agreement shall constitute the entire agreement of the parties with respect to the Leased Premises and the County's occupancy of the Leased Premises. No other statement, representation or prior agreement shall have any force or effect, unless set forth herein. 18. TIME OF THE ESSENCE. Time shall be of the essence with respect to each and every matter set forth herein. IN WITNESS WHEREOF, the undersigned have affixed our hands and seals at Vero Beach,Indian River County,Florida, as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA By: Wesley S. Davis,Chairman Approved by BCC: ,201_. A FEE ST: By: Jeffrey R. Smith, Clerk of Court and Comptroller • By: & j Witnessed by: Josep ller,Lessor signature: APPROVED printed name: i W1N,e( signature: � � 6-(tv'eX4"J printed name:_ • ti` Coun f ministr7m7r Approved as form le 1 sufficiency: 4 212 inuiaii elver l,uwlty, riurlua rruperty Appraiser - rnnter rnenuly map rage i 01 1 Print I Back Exhibit I Indian River County GIS 1/4 • { 4'sr. -a ......,. .�,,,....,.�,y .e '�i.R^^' ?y.+5everyt+• TLw �t � � ' .4,:4,.......,...,11,,,.:,,,A,,,..1--, r�w...w.we�r@Rry, I=.n`omy [,- 2 tH•ST . s. . :r< 4'..74_1, : ' -,..I ,.: : , ,,Ar r:: - . -1 1 • f c •. f I tt‘ , 11 t ,c -- M1 WA'Y `'''' ' e 5 r. -- ya.l: r I r fyE *. S ', ParcellD OwnerName PropertyAddress 33380300001009000001.1 MILLER JOSEPH G(TR) 1893 90TH AV VERO BEACH,FL 32966 Notes n v 213 http://www.ircpa.org/PrintMap.aspx 6/11/2015 i 5 gl�Rc INDIAN RIVER COUNTY r�ivi.R° 4 4 SOLID WASTE DISPOSAL DISTRICT t Y '2oRto BOARD MEMORANDUM -,;.(.1-c__. Date: June 16, 2015 To: Joseph A. Baird, County Administrator Thru: Vincent Burke, Director of Utility Service Y From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District 'O.;M' Subject: Final Pay for GeoSyntec Work Order No.9,One Year Groundwater Monitoring and Reporting and FDEP Meeting Attendance BACKGROUND: On June 03, 2014, the Solid Waste Disposal District (SWDD) Board approved Work Order No. 9 to Geosyntec Consultants,Inc.(Geosyntec)to provide Ground Monitoring and Reporting services for the Indian River County South Gifford Road Landfill Site. The authorization was executed with a not to exceed budget of$126,081.00 and the following scope of work: Project Management, Meetings/Regulatory Interaction, Annual Pollution Remediation Liabilities Evaluation, Semi-Annual Sampling Activities, Data Evaluation and Semi-Annual Reporting and IP&T System Dismantling. ANALYSIS: Geosyntec has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount,including the final invoice,of$1,984.30. After final payment, the total amount paid to Geosyntec will be $125,597.54 which is under the approved budget. Attached is Geosyntec's project completion report describing in more detail the services provided under each task. ACCOUNT INFORMATION: Funding for the support services for the Groundwater monitoring and reporting services are available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County. RECOMMENDATION: SWDD staff recommends that its Board approve for payment Geosyntec's final invoice in the amount of $1,984.30. ATTACHMENT: Geosyntec Project Completion Report&Final Invoice (8 Pages) APPROVED F. AGENDA: Indian River Co. ved Date By. al AL/, Administration iii; Jose• :aird, Cou administrator Budget O) ' , � O legal , h tif# Fir: L SWDD 01141/c ate SWDD rn t 4-16-15 V' ^' 214 SWDD AGENDA Final Pay Geosyntec WO 9 Groundwater Monitoring Page-1- Geosvritec ® 6770 South Washington Avenue,Suite 3 Titusville,Florida 32780 PH 321.269.5880 Consultants FAX 321.269.5813 l Received by SWDD •8eosyntec.com MAY 2 2 2015 22 May 2015 Mr.Himanshu Mehta,P.E. Indian River County Managing Director Landfill Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach,Florida 32968 Subject: Project Completion Report One Year of Groundwater Monitoring and Reporting and Related Consulting Services IRC Work Authorization No.9 South Gifford Road Landfill,Vero Beach,Florida Dear Mr.Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FR0766I — One Year of Groundwater Monitoring and Reporting and Florida Department of Environmental Protection (FDEP) Meeting Attendance — for the South Gifford Road Landfill site. This project was completed under Work Order No. 9, authorized on 3 June 2014, pursuant to the Continuing Contract Agreement for Professional Services between Indian River County (IRC), Solid Waste Disposal District (SWDD) and Geosyntec, dated 15 November 2011. This report has been prepared as a supplement to our final Invoice Number 2715235, dated 14 May 2015, which was submitted to SWDD on 22 May 2015 (attached). SCOPE OF WORK The scope of work initially authorized under Work Authorization No. 9 addressed the FDEP- required semi-annual groundwater monitoring and reporting for one year (two sampling and reporting events), dismantling of the Interim Pump & Treat (IP&T) System, and related consulting services. The project was executed under the following phases: (i) Project Management; (ii) Meetings/Regulatory Interaction; (iii) Annual Pollution Remediation Liabilities Evaluation; (iv) Semi-Annual Sampling Activities; (v) Data Evaluation and Semi- ` Annual Reporting; and (vi) IP&T System Dismantling. Below is a phase by phase summary of the work that Geosyntec performed under this work authorization. FR0766I\PR15031 Project Completion WO No 9_FRO766I.doc engineers I scientists I innovators 215 Mr.Himanshu Mehta,P.E. 22 May 2015 Page 2 Phase 1—Proiect Management Under this phase, Geosyntec performed project planning and management responsibilities, such as correspondences and meetings with IRC SWDD and FDEP, invoice review and completion, project coordination, and project administration. Phase 2—Meetings/Regulatory Interaction Under this phase, Geosyntec prepared a presentation for and attended one meeting with IRC SWDD and IRC Board of County Commissioners to present a project update and prepared for a meeting with the Gifford Progressive League. Phase 3-Annual Pollution Remediation Liabilities Evaluation Under this phase, Geosyntec prepared the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The report included the evaluation of five sites, including South Gifford Road Closed Landfill (4701 41st Street), Old Administration Building (1840 25th Street), Former Cattle Dip Site (9255 93rd Street), North County Reverse Osmosis Plant(7751 58th Avenue),and Shadowbrook Estates(7775 85th Street). Phase 4—Semi-Annual Sampling Activities Under this phase, Geosyntec conducted field preparation and groundwater sampling activities for two semi-annual groundwater monitoring events in July and December 2014. Throughout the two sampling events, a total of 87 groundwater samples were collected under this work authorization. Phase 5—Data Evaluation and Semi-Annual Reporting Under this phase, Geosyntec prepared the semi-annual reports for the June and December 2014 events. As part of the report preparation, Geosyntec completed database management, data evaluation, trend evaluation, table preparation, and GIS figure preparation. Each report was submitted to IRC SWDD for review and comment prior to submittal to FDEP. Phase 6—IP&T System Dismantling Under this task, Geosyntec procured, coordinated and oversaw contractor dismantlement and disposal of the IP&T system and associated appurtenances. The air stripper was cleaned, decontaminated, and disposed of off-site. Concrete debris was recycled. The recovery wells and FR07661\PR15031_Project Completion WO No 9 FR0766I.doc engineers I scientists I innovators 216 Mr.Himanshu Mehta,P.E. 22 May 2015 Page 3 vaults were properly abandoned by a Florida-licensed driller. As part of this task, above-ground piping/conduit was removed and disposed, and wastes generated as part of these activities was characterized and properly disposed of off-site. BUDGET The approved budget for Work Order No. 9 was $126,081. The total invoiced amount, including the final invoice, is $125,597.54. Therefore, Geosyntec completed this project within the approved budget. Geosyntec is pleased to note that we were successful in decreasing future project costs by increasing the number of wells that are sampled by passive diffusion bag (PDB) samplers, decreasing frequency of sampling some monitoring wells, and attaining FDEP approval for a simplified semi-annual reporting format. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at 850.483.5100. Sincerely, \f/tA-43 yLft Jill W.Johnson,P.G. Senior Hydrogeologist FR07661\PR15031_Project Completion WO No 9 FRO766I.doc engineers I scientists I innovators 217 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766I South Gifford Road Landfill 1' r.e - ,i� -u.t '` - : i'3`£" g r q� Ttk ,1 Filk Geos�n�te Pro ect Nnmb r,/>TtG rIn.�m Nos n Ce Da z Amon t � . 12143276 06/12/2014 $1,720.32 12143340 07/23/2014 $18,857.71 12143399 08/20/2014 $23,912.84 12143425 09/08/2014 $25,885.48 12143488 09/30/2014 $8,926.48 FR0766I 12143559 11/11/2014 $6,238.57 (IRC Work Order No.9) 2715004 01/16/2015 $23,766.40 2715037 02/16/2015 $3,245.86 2715097 03/11/2015 $5,758.60 2715176 04/17/2015 $5,300.98 2715235 05/14/2015 $1,984.30 TOTAL $125,597.54 FR07661/PR15031.docx engineers I scientists I innovators 218 Geosyntec > PLEASMTGarkway c Consultants „ }'„}�- 900 Broken Sound Parkway NW,Suite 200 Co„s altan W el 5 9,Flori0a Fax (561)95 USA Tel (561)995-0900 Fax(561)995-0925 INDIAN RIVER COUNTY Invoice#: 2715235 1325 74TH AVENUE,S.W. Invoice Date: 5/14/2015 VERO BEACH,FL 32968 Project: FR07661 Attention: HIMANSHU MEHTA Project Name: 2014 GIFFORD SEMIANNUAL GW For Professional Services Rendered through transaction date: 4/30/2016 IF YOU HAVE QUESTIONS ABOUT THIS INVOICE,PLEASE CONTACT JILL JOHNSON AT 850-483-5100. WORK ORDER NO.9 Professional Services $1,926.50 3.0%Communication Fee $57.80 Current Invoice $1,984.30 "Amount Due This Invoice ” $1,984.30 Statement Prior Billings $123,613.24 Project Budget $126,081.00 Current Invoice $1,984.30 Expended to Date $125,597.54 Billed To Date $125,597.54 Contract Balance $483.46 Paid To Date $123,613.24 "Amount Due This Invoice " $1,984.30 219 Project: FR07681 - 2014 GIFFORD SEMIANNUAL GW Invoice#:2716235 Phase: 01) PM Class/Employee Name Date Hours Rate Amount PROJECT ADMINISTRATOR ALEXANDER,STEPHANIE 04/17/2015 0.75 90.00 67.50 04/21/2015 1.00 90.00 90.00 Total: PROJECT ADMINISTRATOR 1.75 157.50 SENIOR PROFESSIONAL JOHNSON,JILL 04/13/2015 1.00 179.00 179.00 04/15/2015 1.00 179.00 179.00 04/20/2015 0.75 179.00 134.25 04/22/2015 0.50 179.00 89.50 04/23/2015 0.50 179.00 89.50 Total: SENIOR PROFESSIONAL 3.75 671.25 Total Phase: 01) PM Phase Labor 828.75 3.0%Communication Fee 24.86 Phase: 02) MTGS/REGULATORY Class/Employee Name Date Hours Rate Amount ADMINISTRATIVE ASSISTANT GENTRY,KATHEY 04/20/2015 0.50 90.00 45.00 SENIOR PROFESSIONAL JOHNSON,JILL 04/06/2015 0.50 179.00 89.50 04/07/2015 0.50 179.00 89.50 04/10/2015 1.00 179.00 179.00 Total: SENIOR PROFESSIONAL 2.00 358.00 ASSOCIATE SARANKO,CHRIS 04/13/2015 1.00 204.00 204.00 Total Phase: 02) MTGS/REGULATORY Phase Labor 607.00 3.0%Communication Fee 18.21 Phase: 04)SEMI-ANNUAL SAMPLING Class/Employee Name Date Hours Rate Amount PROJECT PROFESSIONAL DORMAN,LANE 04/06/2015 1.00 147.00 147.00 SENIOR PROFESSIONAL JOHNSON,JILL 03/06/2015 0.50 179.00 89.50 Total Phase: 04)SEMI-ANNUAL SAMPLING Phase Labor 236.50 3.0%Communication Fee 7.10 Phase: 05)DATA EVAL AND REPORTING Class/Employee Name Date Hours Rate Amount SENIOR STAFF PROFESSIONAL INCPMGEOPH Page 1 220 Project: FR07661 — 2014 GIFFORD SEMIANNUAL GW Invoice#:2715235 Phase: 06)DATA EVAL AND REPORTING Class/Employee Name Date Hours Rate Amount SENIOR STAFF PROFESSIONAL TOWNS,CRYSTAL 04/01/2015 2.25 113.00 254.25 Total Phase: 05)DATA EVAL AND REPORTING Phase Labor 254.25 3.0%Communication Fee 7.63 Total Project Labor 1,926.50 3.0%Communication Fee 57.80 Total Project: FR0766I -- 2014 GIFFORD SEMIANNUAL GW 1,984.30 INCPMGEOPH Page 2 22]