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07/07/2015 (3)
BOARD OF COUNTY COMMISSIONERS C INDIAN RIVER COUNTY, FLORIDA OVER o• ------- " COMMISSION AGENDA 1- I* p< TUESDAY,JULY 7,2015 - 9:00 A.M. * Commission Chambers Indian River County Administration Complex Q R,IVA 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 Roger Ball, Immanuel Church 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating the Month of July, 2015, as Parks and Recreation Month 1 July 7,2015 Page 1 of 6 6. APPROVAL OF MINUTES PAGE None 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Update on All Aboard Florida/Vero Electric Expenses (memorandum dated June 30, 2015) 2-4 8. CONSENT AGENDA A. Approval of Warrants—June 11, 2015 to June 18, 2015 (memorandum dated June 18, 2015) 5-13 B. Approval of Warrants—June 19, 2015 to June 25, 2015 (memorandum dated June 25, 2015) 14-21 C. Award of Bid No. 2015040 — Gifford Neighborhood 45th Street Beautification Project, IRC Project No. 1506 (memorandum dated June 23, 2015) 22-32 D. Award of Bid No. 2015029 to General Underground LLC for an 8" Water Main Extension on Indian River Drive South of Roseland Road — UCP #4109 (memorandum dated June 23, 2015) 33-45 E. Sector 3 Dune Repair Project, Change Order No. 3, Guenter Brothers Construction, LLC (memorandum dated June 29, 2015) 46-49 F. Miscellaneous Budget Amendment 018 (memorandum dated June 29, 2015) 50-54 G. Approval of Resolution Adopting the Updated 2015 Indian River County Unified Local Mitigation Strategy (memorandum dated June 16, 2015) 55-60 H. Approval of Extension of FX Software Agreement (memorandum dated June 26, 2015) 61-64 I. Children Services Advisory Committee Funding Allocations for FY 2015-2016 (memorandum dated June 26, 2015) 65-66 July 7,2015 Page 2 of 6 8. CONSENT AGENDA PAGE J. Approval of 2015/2016 State Funded Subgrant Agreement to Update Indian River County's Hazards Analysis (memorandum dated June 16, 2015) 67-68 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Sheriff Dervl Loar Community Oriented Policing Services (C.O.P.S.) Hiring Program Grant (letter dated June 17, 2015) 69-104 10. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Patricia Hunt Regarding The Train and Public Records Requests 105 2. Request to Speak from Karen Hudon Regarding Hydraulic Fracturing (Fracking) 106 C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing for July 14,2015 Consider the Establishment of the Oceanside Replat Street Lighting Municipal Service Benefit Unit and Amending Section 200.07 of Chapter 200, Municipal Service Taxing or Benefit Unit, of the Indian River County Code Legislative (memorandum dated June 10, 2015) 107 2. Notice of Scheduled Public Hearing for July 14,2015 Consider the Establishment of the Oceanside Replat Street Paving Municipal Service Benefit Unit and Amending Section 200.11 of Chapter 200, Municipal Service Taxing or Benefit Unit, of the Indian River County Code Legislative (memorandum dated June 10, 2015) 108 July 7,2015 Page 3 of 6 11. COUNTY ADMINISTRATOR MATTERS PAGE None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None 1. Human Services None 2. Sandridge Golf Club None 3, Recreation None D. Human Resources None E. Office of Management and Budget None F. Public Works None G. Utilities Services 1. Draft Alternative Water Supply Plan — Phase I Preliminary Evaluation (memorandum dated June 25, 2015) 109-126 July 7,2015 Page 4 of 6 13. COUNTY ATTORNEY MATTERS PAGE A. Time Certain— 10:30 a.m. Attorney-Client Session: Indian River County vs. Turner Construction Company, et al., Pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 31 2011 CA002999 (memorandum dated June 25, 2015) 127 B. License Agreement for Cell Tower Located at Historic Dodgertown at the Site of an Existing Light Post (memorandum dated June 30, 2015) 128-143 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman 1. Lakewood Village Mobile Home Park Utility Account (memorandum dated June 22, 2015) 144-145 2. Amnesty Program and Adoption of Ordinance (memorandum dated June 29, 2015) 146-149 B. Commissioner Bob Solari,Vice Chairman None C. Commissioner Joseph E. Flescher 1. Fracking in Florida (memorandum dated June 26, 2015) 150-162 D. Commissioner Peter D. O'Bryan None E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None July 7,2015 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 1. Indian River County Former Correctional Institution Land (memorandum dated June 25, 2015) 163-167 2. Single Stream Transfer Facility Update (memorandum dated June 30, 2015) 168-171 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. July 7,2015 Page 6 of 6 PROCLAMATION 64 OMIGNATING THE MONTH OF JULY,20 ,AS PARKS AN'n RECREATION MONTH voluvis, Par* and Recreates" Month was essbashed In 1985 and calebrates ts 3CP year state and --- nationwide; and WitIVAS,passive and active reonsatbn in Indtan Faimr County siraftcaritty enhances the(laity of Ea for its residents and visitors;and MENEM, active recreation builds teamwork, Wiesner% a:rivalry, iloraials, and conmbries to a heathy efind, testy,and Olt aid WINSISA passive recreation itourShes a low)of Itie outdoors,provides an appreciation of the natral environment,and , contritutes b a healthy cannunity and eoordavy;and WHEREAS, county parks and corsertatice areas preserve the accioocal beauty Or our community. improve water quality, protect groundwiter, prevent fooling, wripmwe air quatty, are aesthetically seating, and van**open caeee space te 1 peopie.arid nimble habitat kir Wale,and WHEREAS, Indian Rrve County is fortunate to nave many beautita parks, playgrounds, hall %ids, Of courses, swinming!kakis,naxire bats,beaches,and open spaces which make our community a more antractive and deskatki pi=to We,work,end play;as wee HS Mattitairp in our ongoing economic vasty trough Inc:eased pnvittny waken increasad tourism, *traction of ahem and recreational events;end WHEREAS,Indian River County Recreacon Deparmiont sank's,a varSty c4 recitetton prinntrin tudiailrig watt sSety, swimming taws,baseball;sohbaa,botball,cheerleading,'wrier camps,and special event;and WHEREAS, perks and racroatton agencies, as a whle. touch the kes of islividisets, famine, grs, end the community, anteing a positne impact throtvh connect tig people, protecerig Me entrictimerit, redwing crime, and prowding healthy mansions!activates. NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER , coulay,FLORIDA,Mat the Bost designates July as Parka and Recreation Month,arid enocurves al Webers to celebrate by porticoes)in the&OM trthiiii“Offend tirough the many Wiles and places acceded to the residents and vette by way of r. the basin River County Recrealion Department, Indan Rmar County Shooting Rarge, Eandtit4e Golf Come, Gifford Anotic Caw North County Avec Center and any otthe lhilan Rktet County Peeks and Choi Areas open to the pubic r Adopted this he 7"day of July.2015 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,FLORIDA .,... _ , ... , 4 asley S Owls, . Vial il• - I:Y..41,74' . i .; ''' "1i,T.,,,,,• L ille "I eV. , 1 441fb e:C/3 .,,, Ar . 4' I . .4, -' '''''A-11-r40'....N•W' IF Tat ,ro c„9.) INFORMATIONAL INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: June 30, 2015 t FROM: Jason E. Brown Director, Office of M., age ent&Budget SUBJECT: UPDATE ON ALL • '; 0 ARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 6/22/2015. ATTACHED: • All Aboard Fl. expenses thru 6/22/2015 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses 6/22/2015 spreadsheet. APPROVED AGENDA s a.A ITEM: BY: ,00- 4 Jose A. Baird P County Administrator FOR: July 7,2015 Indian River County Ap a roved Date Administrator Al: 1/(//.5 Legal I 1 \ Budget C '0 15 Department Risk Management 2 All Aboard Florida Expenses Indian River County 3/24/15 Tax Exempt Bond Litigation-Board Approved a total of$2.7 million Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 6/18/2015 Nabors Giblin&Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin&Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin&Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin&Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $297,765.50 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie,Indian River,and Martin Counties Acct#00110214-033190-15023 Other Professional Services 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $1,023.95 Acct#11124319-033190 Other Professional Services 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $21,286.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total expenses processed as of 6/22/15 $365,901.95 Total Board authorized budget for FY 14/15 $500,000.00 Remaining Balance for FY 14/15 $134,098.05 F:\Budget\AII Aboard FL Expenses 3 Indian River County 00410214-033110-15024 Vero Beach Electric/Florida Power&Light/FMPA expenses Legal Services 6/3/2015 Nabors Giblin&Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio&Harlan $10,582.50 4/2/2015 Gonzalez Saggio&Harlan $26,713.48 3/23/2015 Gonzalez Saggio&Harlan $10,312.50 3/23/2015 Nabors Giblin&Nickerson $4,161.72 2/2/2015 Gonzalez Saggio&Harlan $22,882.98 1/16/2015 Gonzalez Saggio&Harlan $16,610.00 12/3/2014 Gonzalez Saggio&Harlan $8,824.24 Subtotal Expenses FY 14/15 $102,278.02 9/30/2014 Gonzalez Saggio&Harlan $7,821.90 9/30/2014 Gonzalez Saggio&Harlan $30,144.31 8/15/2014 Gonzalez Saggio&Harlan $12,292.50 7/22/2014 Gonzalez Saggio&Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 Other Prof.Services/Legal Advertising 5/26/2015 RW Wilson&Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $9,040.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Total expenses proceseed as of 6/22/15 $170,168.84 Date Actual Budget 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $230,000.00 Remaining Balance $59,831.16 F:\Budget\FP&L-Vero Beach-FMPA expenses 4 JEFFREY R. SMITH! CPA, CGFO, CGMA ,compTr � .court Clerk of Circuit Court&Comptroller �� .r rco,,' Finance Department `' + ' 1801 27th Street % /r„ Vero Beach,FL 32960 'ywaa•''' TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 18, 2015 SUBJECT: APPROVAL OF WARRANTS June 11, 2015 to June 18, 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 11, 2015 to June 18, 2015 Attachment: DLB: DB 5 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 327329 6/18/2015 PORT CONSOLIDATED INC 1,411.67 327330 6/18/2015 JORDAN MOWER INC 209.96 327331 6/18/2015 RANGER CONSTRUCTION IND INC 429.80 327332 6/18/2015 FISHER SCIENTIFIC COMPANY LLC 145.67 327333 6/18/2015 VERO CHEMICAL DISTRIBUTORS INC 576.60 327334 6/18/2015 RICOH USA INC 110.40 327335 6/18/2015 RICOH USA INC 284.70 327336 6/18/2015 STEWART MATERIALS INC 2,590.95 327337 6/18/2015 AT&T WIRELESS 1,656.22 327338 6/18/2015 DATA FLOW SYSTEMS INC 1,709.95 327339 6/18/2015 DELTA SUPPLY CO 42.91 327340 6/18/2015 E-Z BREW COFFEE&BOTTLE WATER SVC 37.93 327341 6/18/2015 KELLY TRACTOR CO 674.49 c 327342 6/18/2015 REPUBLIC SERVICES INC 0.00 327343 6/18/2015 MY RECEPTIONIST INC 309.28 327344 6/18/2015 AMERIGAS EAGLE PROPANE LP 1,187.06 327345 6/18/2015 AMERIGAS EAGLE PROPANE LP 1,388.27 3273 A/ 6/18/2015 T T PIERCE INC 7.52 JL L 'fU L 1' ..L' Ir4 .. L, //.JG 327347 6/18/2015 MASTELLER MOLER&TAYLOR INC 9,051.75 327348 6/18/2015 DEEP SIX DIVE SHOP INC 259.93 327349 6/18/2015 PATTERSON POPE INC 407.10 327350 6/18/2015 HD SUPPLY WATERWORKS,LTD 4,524.71 327351 6/18/2015 PETES CONCRETE 1,150.00 327352 6/18/2015 EGP INC 156.15 327353 6/18/2015 VERO INDUSTRIAL SUPPLY INC 309.05 327354 6/18/2015 JAMAR TECHNOLOGIES INC 252.10 327355 6/18/2015 TIRESOLES OF BROWARD INC 196.50 327356 6/18/2015 OXFORD UNIVERSITY PRESS 49.95 327357 6/18/2015 CHILDCARE RESOURCES OF IRC INC 18,888.88 327358 6/18/2015 BLAKESLEE SERVICES INC 710.00 327359 6/18/2015 BAKER&TAYLOR INC 2,038.20 327360 6/18/2015 MIDWEST TAPE LLC 177.90 327361 6/18/2015 MIDWEST TAPE LLC 191.91 327362 6/18/2015 NORTHERN SAFETY CO INC 367.58 327363 6/18/2015 MICROMARKETING LLC 68.46 327364 6/18/2015 K&M ELECTRIC SUPPLY 969.67 327365 6/18/2015 RELIABLE POLY JOHN 81.44 327366 6/18/2015 PAUL CARONE 1,020.00 327367 6/18/2015 PAUL JULIN 650.00 327368 6/18/2015 LINDSEY GARDENS LTD 400.00 327369 6/18/2015 PING INC 237.92 327370 6/18/2015 CLERK OF CIRCUIT COURT 2,840.11 327371 6/18/2015 CITY OF VERO BEACH 51.73 327372 6/18/2015 CITY OF VERO BEACH 90,708.59 327373 6/18/2015 CITY OF VERO BEACH 5,000.00 327374 6/18/2015 ILLINOIS STATE DISBURSEMENT UNIT 142.32 327375 6/18/2015 CHAPTER 13 TRUSTEE 478.38 327376 6/18/2015 UNITED WAY OF INDIAN RIVER COUNTY 707.94 327377 6/18/2015 INDIAN RIVER ALL FAB INC 982.15 327378 6/18/2015 UNITED PARCEL SERVICE INC 23.44 327379 6/18/2015 UNITED STATES POSTAL SERVICE 20,000.00 327380 6/18/2015 JANITORIAL DEPOT OF AMERICA INC 76.50 327381 6/18/2015 TREASURE COAST HOMELESS SERVICES 966.28 327382 6/18/2015 HENRY FISCHER&SONS INC 145.00 327383 6/18/2015 PUBLIX SUPERMARKETS 39.23 327384 6/18/2015 PUBLIX SUPERMARKETS 10.00 327385 6/18/2015 WAL MART STORES EAST LP 40.24 327386 6/18/2015 ACUSHNET COMPANY 605.62 6 1 TRANS NBR DATE VENDOR AMOUNT 327387 6/18/2015 AQUAGENIX 650.00 327388 6/18/2015 GEAR FOR SPORTS INTL INC 909.80 327389 6/18/2015 ST JOHNS RIVER WATER MGMT DISTRICT 2,805.00 327390 6/18/2015 WEST PUBLISHING CORPORATION 291.00 327391 6/18/2015 FEDERAL EXPRESS CORP 34.37 327392 6/18/2015 JOEL V HERMAN 267.06 327393 6/18/2015 DON LAWLESS 40.00 327394 6/18/2015 TRI-SURE CORPORATION 3,857.48 327395 6/18/2015 FLORIDA POWER AND LIGHT 8.12 327396 6/18/2015 FLORIDA POWER AND LIGHT 63,624.59 327397 6/18/2015 PUBLIC DEFENDER 5,035.04 327398 6/18/2015 CATHOLIC CHARITIES DIOCESE OF PALM BCH 4,190.04 327399 6/18/2015 LANGUAGE LINE SERVICES INC 524.26 327400 6/18/2015 STRUNK FUNERAL HOMES&CREMATORY 425.00 327401 6/18/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 525.00 327402 6/18/2015 IRC HEALTHY START COALITION INC 416.66 327403 6/18/2015 BE SAFE SECURITY ALARMS INC 115.00 327404 6/18/2015 GERALD A YOUNG SR 45.00 327405 6/18/2015 ALAN C KAUFFMANN 100.00 327406 6/18/2015 DOROTHY JEANNE BRESETT 147.81 327407 6/18/2015 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 5.94 327408 6/18/2015 FLORIDA OUTDOOR EQUIPMENT INC 41,340.78 327409 6/18/2015 BANK OF NEW YORK 1,337.50 327410 6/18/2015 AIRGAS CARBONIC INC 2,201.99 327411 6/18/2015 DONADIO AND ASSOCIATES ARCHITECTS 1,960.62 327412 6/18/2015 HAYTH,HAYTH&LANDAU 125.00 327413 6/18/2015 KELLY HIGGINS 50.00 327414 6/18/2015 CONSTRUCTION LICENSING OFFICIALS 100.00 327415 6/18/2015 PERKINS COMPOUNDING PHARMACY 90.00 327416 6/18/2015 AUDIO VISUAL INNOVATIONS 560.00 327417 6/18/2015 MICHAEL K VERNON 19.00 327418 6/18/2015 RUSSELL PAYNE INC 878.43 327419 6/18/2015 SCOTT MCADAM 175.65 327420 6/18/2015 CELICO PARTNERSHIP 402.18 327421 6/18/2015 ANIXTER INC 420.00 327422 6/18/2015 CINTAS CORPORATION NO 2 185.46 327423 6/18/2015 MICHAEL WYATT 19.00 327424 6/18/2015 VAN WAL INC 730.00 327425 6/18/2015 JOSEPH W VASQUEZ 85.00 327426 6/18/2015 THE CLEARING COMPANY LLC 2,045.00 327427 6/18/2015 FRANK BLAKE 500.00 327428 6/18/2015 M T CAUSLEY INC 6,012.50 327429 6/18/2015 MBV ENGINEERING INC 1,372.50 327430 6/18/2015 MASTELLER&MOLER INC 25,285.00 327431 6/18/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 249.88 327432 6/18/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 253.27 327433 6/18/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 141.32 327434 6/18/2015 GARY L EMBREY 40.00 327435 6/18/2015 JOHN DEERE LANDSCAPES 909.08 327436 6/18/2015 KEN CHATAM 40.00 327437 6/18/2015 HFB OF FLORIDA LLC 613.00 327438 6/18/2015 ORCHID ISLAND PROPERTY MGMT II INC 2,200.00 327439 6/18/2015 1ST FIRE&SECURITY INC 350.00 327440 6/18/2015 ANIMAL MEDICAL SERVICES PA 66.63 327441 6/18/2015 JOHNNY B SMITH 85.00 327442 6/18/2015 GATES HOUSE ENTERPRISES LLC 81.95 327443 6/18/2015 CHARLES A WALKER 80.00 327444 6/18/2015 DYNAMIC AIR QUALITY&COOLING INC 255.00 327445 6/18/2015 ABSOLUTE AIR INC 369.00 327446 6/18/2015 REGENIA SWANSON 25.00 7 2 TRANS NBR DATE VENDOR AMOUNT 327447 6/18/2015 JACK J SCHWEY 50.00 327448 6/18/2015 KATHLEEN P DOUGHERTY 220.00 327449 6/18/2015 MARINCO BIOASSAY LABORATORY INC 2,980.00 327450 6/18/2015 K'S COMMERCIAL CLEANING 195.00 327451 6/18/2015 PAULA WHIDDON 400.00 327452 6/18/2015 JACKIE ZAKARIAN 50.00 327453 6/18/2015 NICOLACE MARKETING INC 1,582.50 327454 6/18/2015 TRITEL INC 99.00 327455 6/18/2015 VERO BEACH WINNELSON COMPANY INC 684.30 327456 6/18/2015 TIARA JUDON 50.00 327457 6/18/2015 SANDY ARACENA 40.00 327458 6/18/2015 NORTH HARRIS COMPUTER CORPORATION 11,875.00 327459 6/18/2015 RANGE SERVANT AMERICA INC 5,808.95 327460 6/18/2015 HELPING ANIMALS LIVE-OVERCOME 23.00 327461 6/18/2015 WATERTRONICS TECHNICAL SERVICES 1,592.00 327462 6/18/2015 DAILY DOSE CAFE 2,200.00 327463 6/18/2015 WOERNER DEVELOPMENT INC 183.00 327464 6/18/2015 YOUR AQUA INSTRUCTOR LLC 240.00 327465 6/18/2015 DELRAY MOTORS 55.96 327466 6/18/2015 JOSEPH CATALANO 40.00 327467 6/18/2015 OVERDRIVE INC 2,611.61 327468 6/18/2015 MISS INC OF THE TREASUE COAST 502.00 327469 6/18/2015 FLORIDA ENVIRONMENTAL CONSULTING INC 4,900.00 327470 6/18/2015 RAYMOND J DUCHEMIN 60.00 327471 6/18/2015 DANIEL CORY MARTIN 850.00 327472 6/18/2015 KEITH GROCHOLL 60.00 327473 6/18/2015 BORRELLI&PARTNERS INC 11,274.73 327474 6/18/2015 CLEAN SWEEP&VAC LLC 4,454.40 327475 6/18/2015 REPROGRAPHIC SOLUTIONS INC 3.60 327476 6/18/2015 AMERICAN MESSAGING SERVICES LLC 6.29 327477 6/18/2015 LOWES HOME CENTERS INC 1,004.36 327478 6/18/2015 LABOR READY SOUTHEAST INC 7,350.72 327479 6/18/2015 CANON SOLUTIONS AMERICA INC 1,058.16 327480 6/18/2015 ALEX MIKLO 100.00 327481 6/18/2015 BURNETT LIME CO INC 3,264.80 327482 6/18/2015 THE NEW YORK BLOWER CO 3,249.00 327483 6/18/2015 0 SPORTSWEAR LLC 324.00 327484 6/18/2015 PENGUIN RANDOM HOUSE LLC 138.75 327485 6/18/2015 PITMAN TRACTOR&EQUIPMENT INC 195.00 327486 6/18/2015 CALDWELL PACETTI EDWARDS 765.00 327487 6/18/2015 MARK BAER 5,439.00 327488 6/18/2015 KANSAS STATE BANK OF MANHATTAN 276.80 327489 6/18/2015 CHEMTRADE CHEMICALS CORPORTATION 2,522.38 327490 6/18/2015 WADE WILSON 40.00 327491 6/18/2015 BRUCE SABOL 20.00 327492 6/I8/2015 FAMILY SUPPORT REGISTRY 9.66 327493 6/18/2015 TRINOVA-FLORIDA INC 1,683.75 327494 6/18/2015 VALERIE WATERS 350.00 327495 6/18/2015 AXIS DATA SOLUTIONS INC 1,389.36 327496 6/18/2015 DESIGNER CONCRETE COUNTERS LLC 1,395.00 327497 6/18/2015 PANDA COMMUNICATIONS INC 45.27 327498 6/18/2015 ANDREW D.FLEISHER,ESQ 150.00 327499 6/18/2015 EAST COAST VETERINARY SERVICES LLC 51.00 327500 6/18/2015 ALL N PROFESSIONAL SERVICES 950.00 327501 6/18/2015 RONALD NICHELSON 60.00 327502 6/18/2015 MAVERICK UNITED ELEVATOR LLC 1,480.00 327503 6/18/2015 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 327504 6/18/2015 SYLIVIA MILLER 296.00 327505 6/18/2015 LONGHORN LANDSCAPING AND SOD LLC 1,271.25 327506 6/18/2015 FLORIDA SILICA SAND COMPANY 630.80 8 3 TRANS NBR DATE VENDOR AMOUNT 327507 6/18/2015 HUSBAND FOR RENT INC 75.00 327508 6/18/2015 KAST CONSTRUCTION COMPANY LLC 172,555.84 327509 6/18/2015 GOLD COAST ARMORY LLC 1,077.92 327510 6/18/2015 SELENA JUDON 50.00 327511 6/18/2015 SUN AQUATICS LLC 80.00 327512 6/18/2015 LINDA WALL 220.00 327513 6/18/2015 ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,815.00 327514 6/18/2015 SAMUEL V MILNER 84.90 327515 6/18/2015 KENDRA COPE 102.50 327516 6/18/2015 MARY COCHRAN 88.21 327517 6/18/2015 UNITED IRRIGATION INC 300.00 327518 6/18/2015 CURTIS LEE LAM 53.53 327519 6/18/2015 THE WILLOW SCHOOL 25.00 327520 6/18/2015 GERALDINE MURRAY 50.00 327521 6/18/2015 LEE MILLER 50.00 327522 6/18/2015 ARTHUR PHILLIPS 2,615.58 327523 6/18/2015 26TH STREET PROPERTIES 1,275.00 327524 6/18/2015 DANIEL H BROWN 215.19 327525 6/18/2015 MEGAN H PARTEE 215.40 327526 6/18/2015 MICHALASHTON 215.90 327527 6/18/2015 REBECCA MITCHELL 267.06 327528 6/18/2015 NORMAN ROBERTS 142.50 327529 6/18/2015 JOHN MALLORY 500.00 327530 6/18/2015 UTIL REFUNDS 77.53 327531 6/18/2015 UTIL REFUNDS 64.13 327532 6/18/2015 UTIL REFUNDS 37.29 327533 6/18/2015 UTIL REFUNDS 19.02 327534 6/18/2015 UTIL REFUNDS 74.38 327535 6/18/2015 UTIL REFUNDS 1.70 327536 6/18/2015 UTIL REFUNDS 7.53 327537 6/18/2015 UTIL REFUNDS 78.48 327538 6/18/2015 UTIL REFUNDS 8.41 327539 6/18/2015 UTIL REFUNDS 29.50 327540 6/18/2015 UTIL REFUNDS 40.20 327541 6/18/2015 UTIL REFUNDS 44.72 327542 6/18/2015 UTIL REFUNDS 69.64 327543 6/18/2015 UTIL REFUNDS 42.88 327544 6/18/2015 UTIL REFUNDS 48.75 327545 6/18/2015 UTIL REFUNDS 56.70 327546 6/18/2015 UTIL REFUNDS 69.80 327547 6/18/2015 UTIL REFUNDS 18.19 327548 6/18/2015 UTIL REFUNDS 140.56 327549 6/18/2015 UTIL REFUNDS 68.22 327550 6/18/2015 UTIL REFUNDS 77.69 327551 6/18/2015 UTIL REFUNDS 79.27 327552 6/18/2015 UTIL REFUNDS 8.25 327553 6/18/2015 UTIL REFUNDS 37.52 327554 6/18/2015 UTIL REFUNDS 108.14 327555 6/18/2015 UTIL REFUNDS 36.76 327556 6/18/2015 UTIL REFUNDS 75.49 327557 6/18/2015 UTIL REFUNDS 24.93 327558 6/18/2015 UTIL REFUNDS 8.81 327559 6/18/2015 UTIL REFUNDS 31.12 327560 6/18/2015 UTIL REFUNDS 70.42 327561 6/18/2015 UTIL REFUNDS 17.14 327562 6/18/2015 UTIL REFUNDS 80.49 327563 6/18/2015 UTIL REFUNDS 88.50 327564 6/18/2015 UTIL REFUNDS 49.75 327565 6/18/2015 UTIL REFUNDS 67.07, 327566 6/18/2015 UTIL REFUNDS 36.33 9 4 TRANS NBR DATE VENDOR AMOUNT 327567 6/18/2015 UTIL REFUNDS 3.98 327568 6/18/2015 UTIL REFUNDS 42.60 327569 6/18/2015 UTIL REFUNDS 19.60 327570 6/18/2015 UTIL REFUNDS 83.85 327571 6/18/2015 UTIL REFUNDS 1,032.48 327572 6/18/2015 UTIL REFUNDS 58.82 327573 6/18/2015 UTIL REFUNDS 385.44 327574 6/18/2015 UTIL REFUNDS 66.54 327575 6/18/2015 UTIL REFUNDS 43.15 327576 6/18/2015 UTIL REFUNDS 59.71 327577 6/18/2015 REPUBLIC SERVICES INC 441,639.33 327578 6/18/2015 REPUBLIC SERVICES INC 70.49 Grand Total: 1,073,994.25 Void Check 10 5 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1006760 6/12/2015 EVERGLADES FARM EQUIPMENT CO INC 649.70 1006761 6/12/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 263.95 1006762 6/12/2015 COMMUNICATIONS INTERNATIONAL 21.00 1006763 6/12/2015 ROBINSON EQUIPMENT COMPANY INC 590.28 1006764 6/12/2015 COLD AIR DISTRIBUTORS WAREHOUSE 229.68 1006765 6/12/2015 INDIAN RIVER OXYGEN INC 106.75 1006766 6/12/2015 MIKES GARAGE&WRECKER SERVICE INC 50.00 1006767 6/12/2015 DAVES SPORTING GOODS&TROPHIES 1,543.28 1006768 6/12/2015 APPLE INDUSTRIAL SUPPLY CO 31.20 1006769 6/12/2015 ALLIED UNIVERSAL CORP 9,043.34 1006770 6/12/2015 IRRIGATION CONSULTANTS UNLIMITED INC 115.11 1006771 6/12/2015 RECORDED BOOKS LLC 281.60 1006772 6/12/2015 ARAMARK UNIFORM&CAREER APPAREL LLC 1,742.15 1006773 6/12/2015 SOUTHERN COMPUTER WAREHOUSE 1,291.09 1006774 6/12/2015 COMO OIL COMPANY OF FLORIDA 267.04 1006775 6/12/2015 PERKINS INDIAN RIVER PHARMACY 113.54 1006776 6/12/2015 GLOBAL GOLF SALES INC 114.82 1006777 6/12/2015 BARKER ELECTRIC,AIR CONDITIONING 282.00 1006778 6/12/2015 RECHTIEN INTERNATIONAL TRUCKS 932.47 1006779 6/12/2015 FLAGLER CONSTRUCTION EQUIPMENT LLC 581.11 1006780 6/12/2015 SOUTHERN JANITOR SUPPLY INC 1,717.93 1006781 6/12/2015 COPYTRONICS INC 581.75 1006782 6/12/2015 CAPITAL OFFICE PRODUCTS 143.73 1006783 6/12/2015 METRO FIRE PROTECTION SERVICES INC 802.25 1006784 6/12/2015 BENNETT AUTO SUPPLY INC 58.67 1006785 6/12/2015 L&L DISTRIBUTORS 1,164.50 1006786 6/12/2015 STAT MEDICAL DISPOSAL INC 130.00 1006787 6/12/2015 SCRIPPS NP OPERATING LLC 497.76 1006788 6/12/2015 OFFICE DEPOT BSD CUSTOMER SVC 2,408.74 1006789 6/12/2015 WASTE MANAGEMENT INC 4,734.99 1006790 6/12/2015 BRIDGESTONE GOLF INC 70.37 1006791 6/17/2015 EVERGLADES FARM EQUIPMENT CO INC 213.21 1006792 6/17/2015 PARKS RENTAL& SALES INC 66.00 1006793 6/17/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 48.74 1006794 6/17/2015 COPYCO INC 73.68 1006795 6/17/2015 NORTH SOUTH SUPPLY INC 137.17 1006796 6/17/2015 SAFETY PRODUCTS INC 406.87 1006797 6/17/2015 COLD AIR DISTRIBUTORS WAREHOUSE 166.02 1006798 6/17/2015 INDIAN RIVER BATTERY 479.45 1006799 6/17/2015 INDIAN RIVER OXYGEN INC 1,945.00 1006800 6/17/2015 APPLE INDUSTRIAL SUPPLY CO 378.72 1006801 6/17/2015 SMITH BROTHERS CONTRACTING EQUIP 185.60 1006802 6/17/2015 THE EXPEDITER 158.65 1006803 6/17/2015 NEC CORPORATION OF AMERICA 648.90 1006804 6/17/2015 FERGUSON ENTERPRISES INC 3,447.94 1006805 6/17/2015 PRIDE ENTERPRISES 217.00 1006806 6/17/2015 SIEMENS INDUSTRY INC 2,065.00 1006807 6/17/2015 GLOBAL GOLF SALES INC 67.12 1006808 6/17/2015 SYNAGRO-WWT INC 20,120.35 1006809 6/17/2015 SOUTHERN JANITOR SUPPLY INC 1,043.33 1006810 6/17/2015 CAPITAL OFFICE PRODUCTS 309.61 1006811 6/17/2015 HARCROS CHEMICALS,INC. 6,498.00 1006812 6/17/2015 CUMMINS POWER SOUTH LLC 5,600.96 1006813 6/17/2015 BENNETT AUTO SUPPLY INC 421.63 1006814 6/17/2015 AUTO PARTNERS LLC 486.51 1006815 6/17/2015 STAT MEDICAL DISPOSAL INC 550.00 1006816 6/17/2015 RADWELL INTERNATIONAL INC 539.99 1006817 6/17/2015 IMAGENET CONSULTING LLC 87.00 11 1 TRANS.NBR DATE VENDOR AMOUNT 1006818 6/17/2015 SCRIPPS NP OPERATING LLC 429.00 1006819 6/18/2015 ARAMARK UNIFORM&CAREER APPAREL LLC 932.85 Grand Total: 78,285.10 12 2 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3643 6/11/2015 ELITE TITLE 22,100.00 3644 6/11/2015 ELITE TITLE 22,100.00 3645 6/12/2015 INDIAN RIVER COUNTY SHERIFF 4,521.72 3646 6/12/2015 WRIGHT EXPRESS FSC 19,836.62 3647 6/15/2015 SCHOOL DISTRICT OF I R COUNTY 108,974.00 3648 6/15/2015 IRS-PAYROLL TAXES 100.63 Grand Total: 177,632.97 13 ) fry '_ JEFFREY R. SMITH, CPA, CGFO, CGMA4- colmtp comp, Clerk of Circuit Court&Comptroller .4t Finance Department i.T " T 1801 27th Street °�Yy 111, Vero Beach,FL 32960 ' "rN..a►r TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIREC •Ike ' THRU: JEFFREY R. SMITH, COMPTROLLER /' DATE: June 25, 2015 SUBJECT: APPROVAL OF WARRANTS June 19, 2015 to June 25, 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 19, 2015 to June 25, 2015 Attachment: DLB: DB 14 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 327579 6/19/2015 OFFICE DEPOT BSD CUSTOMER SVC 1,582.24 327580 6/19/2015 DAILY DOSE CAFE 1,060.00 327581 6/19/2015 DAILY DOSE CAFE 1,140.00 327582 6/25/2015 PAUL CARONE 2,706.00 327583 6/25/2015 LINDSEY GARDENS LTD 309.00 327584 6/25/2015 CREATIVE CHOICE HOMES XVI LTD 440.00 327585 6/25/2015 PINNACLE GROVE LTD 865.00 327586 6/25/2015 VERO CLUB PARTNERS LTD 1,556.00 327587 6/25/2015 DAVID SPARKS 388.00 327588 6/25/2015 THE PALMS AT VERO BEACH 454.00 327589 6/25/2015 ED SCHLITT LC 560.00 327590 6/25/2015 JOHN OLIVIERA 698.00 327591 6/25/2015 ARTHUR PRUETT 409.00 327592 6/25/2015 JOSEPH LOZADA 1,212.00 327593 6/25/2015 LUCY B HENDRICKS 573.00 327594 6/25/2015 EARRING POINT PROPERTIES 469.00 327595 6/25/2015 ANDRE DORAWA 625.00 327596 6/25/2015 PAULA WHIDDON 553.00 327597 6/25/2015 COURTYARD VILLAS OF VERO LLC 560.00 327598 6/25/2015 JAMES W DAVIS 288.00 327599 6/25/2015 NITA EZELL 480.00 327600 6/25/2015 LINDSEY GARDENS II LTD 520.00 327601 6/25/2015 MISS INC OF THE TREASUE COAST 1,861.00 327602 6/25/2015 DANIEL CORY MARTIN 1,266.00 327603 6/25/2015 CRAIG LOPES 377.00 327604 6/25/2015 PAULA ROGERS&ASSOCIATES INC 650.00 327605 6/25/2015 FIVE STAR PROPERTY HOLDING LLC 947.00 327606 6/25/2015 WILLIAM LEE 700.00 327607 6/25/2015 MARK BAER 22,737.00 327608 6/25/2015 33 MILES EAST INVESTMENTS LLC 567.00 327609 6/25/2015 FRESH START HOUSING LLC 956.00 327610 6/25/2015 SABEL CHASE 478.00 327611 6/25/2015 ROBERTS J GORMAN 424.00 327612 6/25/2015 JUAN CHAVES 700.00 327613 6/25/2015 REID REALTY 478.00 327614 6/25/2015 MELISSA CAMARATA 581.00 327615 6/25/2015 JOHNATHON KNOWLES 634.00 327616 6/25/2015 INDIANTOWN NON-PROFIT HOUSING INC 1,062.00 327617 6/25/2015 AUGUSTUS B FORT JR 581.00 327618 6/25/2015 PORT CONSOLIDATED INC 41,298.85 327619 6/25/2015 JORDAN MOWER INC 342.38 327620 6/25/2015 COMMUNICATIONS INTERNATIONAL 50,753.10 327621 6/25/2015 TEN-8 FIRE EQUIPMENT INC 37,110.43 327622 6/25/2015 RANGER CONSTRUCTION IND INC 429.10 327623 6/25/2015 VERO CHEMICAL DISTRIBUTORS INC 356.40 327624 6/25/2015 RICOH USA INC 144.37 327625 6/25/2015 CHISHOLM CORP OF VERO 475.20 327626 6/25/2015 KIMLEY HORN&ASSOC INC 6,069.82 327627 6/25/2015 AT&T WIRELESS 272.33 327628 6/25/2015 AT&T WIRELESS 365.78 327629 6/25/2015 GRAINGER 260.35 327630 6/25/2015 KELLY TRACTOR CO 506.99 327631 6/25/2015 GENES AUTO GLASS INC 200.00 327632 6/25/2015 REPUBLIC SERVICES INC 48,670.33 327633 6/25/2015 HACH CO 449.60 327634 6/25/2015 LFI FORT PIERCE INC 1,013.18 327635 6/25/2015 MASTELLER MOLER&TAYLOR INC 1,476.50 327636 6/25/2015 RD SUPPLY WATERWORKS,LTD 4,152.38 15 1 TRANS NBR DATE VENDOR AMOUNT 327637 6/25/2015 SCHULKE BITTLE&STODDARD LLC 15,227.86 327638 6/25/2015 PETES CONCRETE 650.00 327639 6/25/2015 EGP INC 588.41 327640 6/25/2015 VERO INDUSTRIAL SUPPLY INC 82.12 327641 6/25/2015 VERO FURNITURE MART 2,540.00 327642 6/25/2015 BRODART COMPANY 30.43 327643 6/25/2015 EXPRESS REEL GRINDING INC 2,500.00 327644 6/25/2015 TIRESOLES OF BROWARD INC 5,143.08 327645 6/25/2015 BFS RETAIL OPERATIONS LLC 1,109.86 327646 6/25/2015 CARTER ASSOCIATES INC 13,755.00 327647 6/25/2015 CHILDCARE RESOURCES OF IRC INC 480.00 327648 6/25/2015 DELL MARKETING LP 17,805.40 327649 6/25/2015 GENERAL PART INC 991.21 327650 6/25/2015 BAKER&TAYLOR INC 2,112.83 327651 6/25/2015 BRANDTS APPLIANCE SERVICE INC 141.16 327652 6/25/2015 MIDWEST TAPE LLC 831.38 327653 6/25/2015 MWI CORP 515.00 327654 6/25/2015 PRECISION CONTRACTING SERVICES INC 74,674.55 327655 6/25/2015 MICROMARKETING LLC 255.32 327656 6/25/2015 K&M ELECTRIC SUPPLY 1,169.31 327657 6/25/2015 PALM TRUCK CENTERS INC 178.04 327658 6/25/2015 PENWORTHY COMPANY 112.86 327659 6/25/2015 SUNSHINE REHABILATION CENTER OF IRC INC 255.00 327660 6/25/2015 GREENE INVESTMENT PARTNERSHIP LTD 3,306.25 327661 6/25/2015 PST SERVICES INC 32,733.62 327662 6/25/2015 CLERK OF CIRCUIT COURT 345.00 327663 6/25/2015 CLERK OF CIRCUIT COURT 30,510.00 327664 6/25/2015 CLERK OF CIRCUIT COURT 2,215.85 327665 6/25/2015 INDIAN RIVER COUNTY HEALTH DEPT 44,543.41 327666 6/25/2015 MEDICAL EXAMINERS OFFICE 24,888.58 327667 6/25/2015 VICTIM ASSISTANCE PROGRAM 5,568.58 327668 6/25/2015 ROGER J NICOSIA 1,320.00 327669 6/25/2015 ROGER J NICOSIA 1,500.00 327670 6/25/2015 CITY OF VERO BEACH 8,735.49 327671 6/25/2015 CITY OF VERO BEACH 388.71 327672 6/25/2015 CITY OF VERO BEACH 2,052.23 327673 6/25/2015 CITY OF VERO BEACH 11,662.50 327674 6/25/2015 UNITED PARCEL SERVICE INC 348.44 327675 6/25/2015 PETTY CASH 66.00 327676 6/25/2015 JANITORIAL DEPOT OF AMERICA INC 482.09 327677 6/25/2015 TREASURE COAST HOMELESS SERVICES 2,425.49 327678 6/25/2015 PUBLIX SUPERMARKETS 26.95 327679 6/25/2015 ACUSHNET COMPANY 153.37 327680 6/25/2015 INTERNATIONAL GOLF MAINTENANCE INC 85,581.00 327681 6/25/2015 EXCHANGE CLUB CASTLE 3,756.34 327682 6/25/2015 GEAR FOR SPORTS INTL INC 455.06 327683 6/25/2015 GEOSYNTEC CONSULTANTS INC 11,310.07 327684 6/25/2015 IRC CHAMBER OF COMMERCE 25.00 327685 6/25/2015 FEDERAL EXPRESS CORP 29.90 327686 6/25/2015 FEDERAL EXPRESS CORP 52.83 327687 6/25/2015 LIBERTY FLAGS INC 257.25 327688 6/25/2015 DON LAWLESS 100.00 327689 6/25/2015 CITY OF SEBASTIAN 22,276.32 327690 6/25/2015 CALLAWAY GOLF SALES COMPANY 60.14 327691 6/25/2015 SUBSTANCE AWARENESS COUNCIL OF IRC INC 1,686.00 327692 6/25/2015 FLORIDA POWER AND LIGHT 11,648.26 327693 6/25/2015 FLORIDA POWER AND LIGHT 520.02 327694 6/25/2015 JAMES GRAY JR 137.95 327695 6/25/2015 BLUE CROSS&BLUE SHIELD of FLORIDA 1,139.97 327696 6/25/2015 GIFFORD YOUTH ACTIVITY CENTER INC 5,310.62 16 2 TRANS NBR DATE VENDOR AMOUNT 327697 6/25/2015 STATE ATTORNEY 8,847.01 327698 6/25/2015 CITY OF FELLSMERE 20.03 327699 6/25/2015 JOSEPH A BAIRD 1,463.25 327700 6/25/2015 JASON E BROWN 183.08 327701 6/25/2015 TOCOMA RUBBER STAMP&MARKING SYSTEM 334.30 327702 6/25/2015 TREASURE COAST SPORTS COMMISSION INC 13,322.28 327703 6/25/2015 TREASURE COAST FIRE CHIEFS 25.00 327704 6/25/2015 GERALD A YOUNG SR 90.00 327705 6/25/2015 GIFFORD COMMUNITY CENTER 5,794.17 327706 6/25/2015 NATIONAL ALLIANCE FOR YOUTH SPORTS 265.00 327707 6/25/2015 ALAN C KAUFFMANN 160.00 327708 6/25/2015 NAEMT 75.00 327709 6/25/2015 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 172.26 327710 6/25/2015 CHILDRENS HOME SOCIETY OF FL 2,250.00 327711 6/25/2015 AIRGAS CARBONIC INC 2,330.03 327712 6/25/2015 MEDICARE PART B 362.99 327713 6/25/2015 BROADCASTERS GENERAL STORE 1,371.22 327714 6/25/2015 DONADIO AND ASSOCIATES ARCHITECTS 200.00 327715 6/25/2015 LAKEWOOD VILLAGE RO ASSOC INC 463.00 327716 6/25/2015 SCHOOL DISTRICT OF I R COUNTY 16,818.48 327717 6/25/2015 PERKINS COMPOUNDING PHARMACY 54.27 327718 6/25/2015 VALERIE LEMONS 48.65 327719 6/25/2015 RUSSELL PAYNE INC 188.37 327720 6/25/2015 JOSEPH W VASQUEZ 100.00 327721 6/25/2015 ALAN HILL 387.76 327722 6/25/2015 PARGAS 490.25 327723 6/25/2015 USAA AUTO INSURANCE 6,787.05 327724 6/25/2015 CENTRAL PUMP&SUPPLY INC 267.84 327725 6/25/2015 MICHAEL ZITO 230.56 327726 6/25/2015 DICKERSON FLORIDA INC 247,517.24 327727 6/25/2015 STAPLES CONTRACT&COMMERCIAL INC 52.04 327728 6/25/2015 GLOVER OIL COMPANY INC 2,757.44 327729 6/25/2015 GARY L EMBREY 60.00 327730 6/25/2015 JOHN DEERE LANDSCAPES 33.43 327731 6/25/2015 JOSE RIVERA 80.00 327732 6/25/2015 KEN CHATAM 100.00 327733 6/25/2015 1ST FIRE&SECURITY INC 144.00 327734 6/25/2015 PETER OBRYAN 213.91 327735 6/25/2015 PAK MAIL 23.20 327736 6/25/2015 JOHNNY B SMITH 40.00 327737 6/25/2015 SUMMERLINS MARINE CONST LLC 24,439.60 327738 6/25/2015 CHARLES A WALKER 100.00 327739 6/25/2015 REDLANDS CHRISTIAN MIGRANT ASSOC 2,313.84 327740 6/25/2015 REDLANDS CHRISTIAN MIGRANT ASSOC 2,170.71 327741 6/25/2015 SS&M AUTOMOTIVE INC 24,687.50 327742 6/25/2015 KATHLEEN P DOUGHERTY 330.00 327743 6/25/2015 TREASURE COAST FOOD BANK INC 336.54 327744 6/25/2015 K'S COMMERCIAL CLEANING 17,344.08 327745 6/25/2015 NICOLACE MARKETING INC 1,328.00 327746 6/25/2015 VERO BEACH WINNELSON COMPANY INC 456.20 327747 6/25/2015 LAKESIDE EQUIPMENT CORPORATION 2,170.00 327748 6/25/2015 NATIONAL SOCIETY OF PROF SURVEYORS 40.00 327749 6/25/2015 SANDY ARACENA 120.00 327750 6/25/2015 FLORIDA MEDICAID 172.04 327751 6/25/2015 AMERICHEM LAWN&PEST CONTROL INC 500.00 327752 6/25/2015 FLORIDA EAST COAST INDUSTRIES INC 12,005.85 327753 6/25/2015 INEOS NEW PLANET B1OENERGY LLC 48,494.73 327754 6/25/2015 WOERNER DEVELOPMENT INC 274.50 327755 6/25/2015 GEB COMPUTER TRAINING LTD 1,618.00 327756 6/25/2015 GUETTLER BROTHERS CONSTRUCTION LLC 47,635.26 17 3 TRANS NBR DATE VENDOR AMOUNT 327757 6/25/2015 BOULEVARD TIRE CENTER 1,559.87 327758 6/25/2015 YOUR AQUA INSTRUCTOR LLC 130.00 327759 6/25/2015 DELRAY MOTORS 348.52 327760 6/25/2015 JOSEPH CATALANO 60.00 327761 6/25/2015 SEDGWICK CLAIMS MANAGEMENT INC 946.37 327762 6/25/2015 FLORIDA ENVIRONMENTAL CONSULTING INC 5,666.66 327763 6/25/2015 RAYMOND J DUCHEMIN 120.00 327764 6/25/2015 ORLANDO FREIGHTLINER INC 674.12 327765 6/25/2015 ALAN JAY CHEVROLET CADILLAC 36,346.00 327766 6/25/2015 CITRIX ONLINE LLC 2,028.00 327767 6/25/2015 CLEAR VILLAGE INC 11,667.00 327768 6/25/2015 NEWSOM OIL COMPANY 790.25 327769 6/25/2015 TIM ZORC 227.91 327770 6/25/2015 FEMA 8.12 327771 6/25/2015 FEMA 3,546.01 327772 6/25/2015 LOWES HOME CENTERS INC 2,091.56 327773 6/25/2015 LABOR READY SOUTHEAST INC 9,279.07 327774 6/25/2015 FGX LLC 2,446.00 327775 6/25/2015 CARDINAL HEALTH 110 INC 1,131.44 327776 6/25/2015 ALEX MIKLO 40.00 327777 6/25/2015 PENGUIN RANDOM HOUSE LLC 205.50 327778 6/25/2015 STRAIGHT OAK LLC 49.95 327779 6/25/2015 MICHAEL YOUNG 40.00 327780 6/25/2015 C E R SIGNATURE CLEANING 250.00 327781 6/25/2015 RYAN HERCO PRODUCTS CORP 60,814.34 327782 6/25/2015 COURSE TRENDS INC 300.00 327783 6/25/2015 CHEMTRADE CHEMICALS CORPORTATION 1,742.96 327784 6/25/2015 DYLAN REINGOLD 213.61 327785 6/25/2015 KATE P COTNER 213.61 327786 6/25/2015 REXEL INC 1,239.86 327787 6/25/2015 WADE WILSON 120.00 327788 6/25/2015 VALERIE WATERS 470.00 327789 6/25/2015 AXIS DATA SOLUTIONS INC 22,766.96 327790 6/25/2015 ULTRA PLAY SYSTEMS INC 24,251.37 327791 6/25/2015 STILLWATER CONSTRUCTION INC 24,000.00 327792 6/25/2015 INTEGRITY LAWNS LLC 1,750.00 327793 6/25/2015 ARROW INTERNATIONAL 558.09 327794 6/25/2015 RONALD NICHELSON 40.00 327795 6/25/2015 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 327796 6/25/2015 HAWKINS INC 1,401.50 327797 6/25/2015 TK6 INC 3,683.60 327798 6/25/2015 ESI ACQUISITION INC 1,850.00 327799 6/25/2015 FLORIDA BLUE 395.81 327800 6/25/2015 SUN AQUATICS LLC 90.00 327801 6/25/2015 CHROMALOX INC 17,375.57 327802 6/25/2015 DIMICHELLI'S CATERING INC 1,084.00 327803 6/25/2015 LINDA WALL 300.00 327804 6/25/2015 ICOM AMERICA INC 4,283.15 327805 6/25/2015 JOHN M ELLSWORTH CO INC 953.57 327806 6/25/2015 THE CEI GROUP INC 2,841.00 327807 6/25/2015 A&SW CONSULTANTS INC 375.00 327808 6/25/2015 THOMAS HUFF 400.00 327809 6/25/2015 JOSEPH SPERRY 215.20 327810 6/25/2015 PATRICK GILDEA 217.12 327811 6/25/2015 ORIGINAL TOWN APARTMENTS 500.00 327812 6/25/2015 MARY K RYAN 750.00 327813 6/25/2015 ALISHEYA SIMS 50.00 327814 6/25/2015 AMANDA ALMANZA 100.00 327815 6/25/2015 KELLY CAMERON 150.00 327816 6/25/2015 DIRECT GENERAL INSURANCE COMPANY 1,440.15 18 4 TRANS NBR DATE VENDOR AMOUNT 327817 6/25/2015 ELEANOR BYRUM 94.40 327818 6/25/2015 JOSEPHINE WARNER 50.00 327819 6/25/2015 STEVEN KROSS 57.28 327820 6/25/2015 MOLINA HEALTHCARE MEDICAID 98.64 327821 6/25/2015 JERRICA CROMER 20.00 327822 6/25/2015 PROFESSIONAL ENGINEERING RESOURCES INC 5,000.00 327823 6/25/2015 UTIL REFUNDS 42.18 327824 6/25/2015 UTIL REFUNDS 20.81 327825 6/25/2015 UTIL REFUNDS 68.06 327826 6/25/2015 UTIL REFUNDS 19.94 327827 6/25/2015 UTIL REFUNDS 77.79 327828 6/25/2015 UTIL REFUNDS 77.13 327829 6/25/2015 UTIL REFUNDS 144.76 327830 6/25/2015 UTIL REFUNDS 20.08 327831 6/25/2015 UTIL REFUNDS 58.12 327832 6/25/2015 UTIL REFUNDS 53.30 327833 6/25/2015 UTIL REFUNDS 43.31 327834 6/25/2015 UTIL REFUNDS 53.64 327835 6/25/2015 UTIL REFUNDS 27.08 327836 6/25/2015 UTIL REFUNDS 67.07 327837 6/25/2015 UTIL REFUNDS 77.53 327838 6/25/2015 UTIL REFUNDS 42.89 327839 6/25/2015 UTIL REFUNDS 6.75 327840 6/25/2015 UTIL REFUNDS 70.44 327841 6/25/2015 UTIL REFUNDS 21.68 327842 6/25/2015 UTIL REFUNDS 82.32 327843 6/25/2015 UTIL REFUNDS 69.44 327844 6/25/2015 UTIL REFUNDS 55.91 327845 6/25/2015 UTIL REFUNDS 78.32 327846 6/25/2015 UTIL REFUNDS 35.19 327847 6/25/2015 UTIL REFUNDS 51.44 327848 6/25/2015 UTIL REFUNDS 33.69 327849 6/25/2015 UTIL REFUNDS 41.62 327850 6/25/2015 UTIL REFUNDS 21.49 327851 6/25/2015 UTIL REFUNDS 43.45 327852 6/25/2015 UTIL REFUNDS 34.24 327853 6/25/2015 UTIL REFUNDS 78.60 327854 6/25/2015 UTIL REFUNDS 36.16 327855 6/25/2015 UTIL REFUNDS 10.77 327856 6/25/2015 UTIL REFUNDS 40.19 327857 6/25/2015 UTIL REFUNDS 71.37 327858 6/25/2015 UTIL REFUNDS 69.64 327859 6/25/2015 UTIL REFUNDS 58.91 327860 6/25/2015 UTIL REFUNDS 96.20 327861 6/25/2015 UTIL REFUNDS 77.04 327862 6/25/2015 UTIL REFUNDS 43.56 327863 6/25/2015 UTIL REFUNDS 70.60 327864 6/25/2015 UTIL REFUNDS 88.20 327865 6/25/2015 UTIL REFUNDS 68.41 327866 6/25/2015 UTIL REFUNDS 73.58 327867 6/25/2015 UTIL REFUNDS 40.82 327868 6/25/2015 UTIL REFUNDS 365.27 Grand Total: 1,471,384.53 19 5 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1006820 6/19/2015 OFFICE DEPOT BSD CUSTOMER SVC 14.95 1006821 6/19/2015 WASTE MANAGEMENT INC 79,981.22 1006822 6/19/2015 EVERGLADES FARM EQUIPMENT CO INC 593.24 1006823 6/19/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 32.74 1006824 6/19/2015 COPYCOINC 151.11 1006825 6/19/2015 MIKES GARAGE&WRECKER SERVICE INC 55.00 1006826 6/19/2015 TEAM EQUIPMENT INC 198.70 1006827 6/19/2015 MEEKS PLUMBING INC 154.00 1006828 6/19/2015 RECORDED BOOKS LLC 243.40 1006829 6/19/2015 SOUTHERN COMPUTER WAREHOUSE 3,165.51 1006830 6/19/2015 CENGAGE LEARNING CORPORATION 792.21 1006831 6/19/2015 DEERE&COMPANY 165.48 1006832 6/19/2015 TOTAL TRUCK PARTS INC 154.72 1006833 6/19/2015 GLOBAL GOLF SALES INC 33.24 1006834 6/19/2015 BARKER ELECTRIC,AIR CONDITIONING 517.00 1006835 6/19/2015 RECHTIEN INTERNATIONAL TRUCKS 137.19 1006836 6/19/2015 SOUTHERN JANITOR SUPPLY INC 709.19 1006837 6/19/2015 CAPITAL OFFICE PRODUCTS 377.04 1006838 6/19/2015 METRO FIRE PROTECTION SERVICES INC 175.00 1006839 6/19/2015 BENNETT AUTO SUPPLY INC 873.35 1006840 6/19/2015 AUTO PARTNERS LLC 419.09 1006841 6/19/2015 TIGHT LINE PRODUCTIONS INC 377.00 1006842 6/19/2015 SCRIPPS NP OPERATING LLC 1,190.28 1006843 6/23/2015 EVERGLADES FARM EQUIPMENT CO INC 107.89 * 1006844 6/23/2015 COMMUNICATIONS INTERNATIONAL 0.00 1006845 6/23/2015 HENRY SCHEIN INC 9,418.45 1006846 6/23/2015 HELENA CHEMICAL 976.73 1006847 6/23/2015 COLD AIR DISTRIBUTORS WAREHOUSE 296.78 1006848 6/23/2015 INDIAN RIVER BATTERY 705.90 1006849 6/23/2015 DEMCO INC 350.14 1006850 6/23/2015 APPLE INDUSTRIAL SUPPLY CO 67.50 1006851 6/23/2015 ABCO GARAGE DOOR CO INC 463.50 1006852 6/23/2015 AIR COMPRESSOR WORKS 740.61 1006853 6/23/2015 ALLIED UNIVERSAL CORP 10,111.66 1006854 6/23/2015 THE EXPEDITER 234.19 1006855 6/23/2015 GROVE WELDERS INC 915.68 1006856 6/23/2015 FIRST HOSPITAL LABORATORIES INC 501.50 1006857 6/23/2015 COMMUNITY ASPHALT CORP 60,974.64 1006858 6/23/2015 COMO OIL COMPANY OF FLORIDA 46.31 1006859 6/23/2015 COMPLETE ELECTRIC INC 332.57 1006860 6/23/2015 MIDWEST MOTOR SUPPLY CO 655.39 1006861 6/23/2015 ECONOLITE CONTROL PRODUCTS INC 524.00 1006862 6/23/2015 CAPITAL OFFICE PRODUCTS 254.86 1006863 6/23/2015 BENNETT AUTO SUPPLY INC 723.08 1006864 6/23/2015 AUTO PARTNERS LLC 60.35 1006865 6/23/2015 L&L DISTRIBUTORS 202.52 1006866 6/23/2015 HYDRA SERVICE(S)INC 2,402.10 Grand Total: 181,577.01 Void 20 1 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3649 6/19/2015 CDM SMITH INC 20,932.90 3650 6/19/2015 KIMLEY HORN&ASSOC INC 16,618.15 3651 6/19/2015 FLORIDA LEAGUE OF CITIES,INC 33,256.19 3652 6/19/2015 NACO/SOUTHEAST 558.13 3653 6/19/2015 ICMA RETIREMENT CORPORATION 10,367.26 3654 6/19/2015 NACO/SOUTHEAST 23,799.28 3655 6/19/2015 IRC FIRE FIGHTERS ASSOC 5,880.00 3656 6/19/2015 TEAMSTERS LOCAL UNION#769 5,232.00 3657 6/19/2015 ICMA RETIREMENT CORPORATION 2,234.74 3658 6/19/2015 FL SDU 6,526.92 3659 6/19/2015 BENEFITS WORKSHOP 6,620.48 3660 6/19/2015 BENEFITS WORKSHOP 3,939.66 3661 6/22/2015 IRS-PAYROLL TAXES 413,663.23 3662 6/23/2015 I R C HEALTH INSURANCE-TRUST 58,514.58 3663 6/23/2015 ELITE TITLE 22,100.00 3664 6/24/2015 INDIAN RIVER COUNTY PROPERTY APPRAISER 236,791.64 3665 6/24/2015 MUTUAL OF OMAHA 1,980.00 3666 6/24/2015 SUN LIFE FINANCIAL 5,253.12 3667 6/24/2015 HEALTH ADVOCATE 356.40 3668 6/24/2015 B/C B/S OF FL ADM FEE 10,789.20 Grand Total: 885,413.88 21 1 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Richard B.Szpyrka P.E., County Enginee® SUBJECT: Award of Bid No.2015040 Gifford Neighborhood 45th Street Beautification Project IRC Project No. 1506 DATE: June 23, 2015 DESCRIPTION AND CONDITIONS This project consists of the milling and resurfacing of 45th Street from 43rd Avenue to east of 24th Avenue, the construction of new five-foot wide paved shoulders,a westbound right turn lane at 28th Court, 2700 LF of new sidewalk, existing sidewalk enhancements, curb and gutter, pavement markings, and extensive landscape improvements.On February 17,2015,the Board of County Commissioners approved an Agenda Item brought forth by Community Development to move forward with the bidding process. A bid opening for the Gifford Neighborhood 45th Street Beautification Project was held on June 19, 2015. Five(5)bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follow: Sunshine Land Design, Inc. Stuart, Florida $1,306,877.14* OHL Community Asphalt, Corp. Vero Beach, Florida $1,326,789.88 Ranger Construction Industries, Inc. Fort Pierce, Florida $1,337,244.35 Engecon Construction, Inc. Lake Worth, Florida $1,348,868.40 Certified General Contractors, Inc. Melbourne, Florida $1,923,968.31 * Denotes mathematical error was found and bid amount corrected. Sunshine Land Design, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $1,306,877.14. Sunshine Land Design, Inc. has completed various construction projects for St. Lucie County and Martin County,and has consistently performed work in a satisfactory manner. F:\Public Works\ENGINEERING DIVISION PROJECTS\1506-Gifford Neighborhood 45th St Beautification\Admin\agenda items\BCC Agenda Memo 22 Award of Bid.doc Page 2 Award of Bid 2015040 BCC Agenda Item for July 7,2015 FUNDING Funding is budgeted and available from the following accounts: Secondary Roads Resurfacing Account No. 10921441-053360-03023 45th Street Beautification ($441,467) Secondary Roads Construction Account No. 10921441-066510-03023 45th Street Beautification ($429,500) There is$400,000 budgeted for fiscal year 2015/2016 in Secondary Roads Resurfacing for the 45th Street Beautification project and the balance will be transferred from Secondary Roads 45th Street Canal Enclosure,Account No. 10921441-066510-14015. RECOMMENDATION Staff recommends the Board approve award to the lowest responsive and responsible bidder, Sunshine Land Design, Inc. for $1,306,877.14. Staff further recommends the Board authorize the Chairman to execute the attached agreement upon review and approval of both the agreement and required public construction bond by the County Attorney as to form and legal sufficiency,and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement APPROVED AGENDA ITEM FOR: July 7,2015 B Q�p / y Indian River County Approved Date 4� 1/J 11/ Administration Budget (r Legal !' , , Purchasing � k 171 ii Public Works cf234r Engineering 6 23hje- F:\Public Works\ENGINEERING DIVISION PROJECTS\I506-Gifford Neighborhood 45th St Beautification\Admin\agenda items\BCC Agenda Memo 23 Award of Bid.doc SECTION 00520 -Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 -WORK 2 ARTICLE 2-THE PROJECT 2 ARTICLE 3—ENGINEER2 ARTICLE 4-CONTRACT TIMES 2 w ARTICLE 5-CONTRACT PRICE 6•,-•z&,;., �5�� F z 3 Jx yr f �.. ' L -`G� yyy ARTICLE 6-PAYMENT PROCED ,5y'� �, f �:. 3 Y•, 0.. y .,KC. ARTICLE 7-INDEMNIFI ,ANION1,4F 5 '4i.,?.,-5,,, 2fS fSEttZkTOARTICLE 8-CONTRACTOR' P 5 r 4 ARTICLE 9-CON CT 'O UMEI 6 fie«- ` ' fid Al.fx ARTICLE 10-MISCELT NEOUS 7 A JTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY) 00520-Agreement(Public Works)SAMPLE 00520-1 24 F:\Public WorksIENGINEERING DIVISION PROJECTS\1506-Gifford Neighborhood 45th St BeautificationWdmintagenda itemsW0520-Agreement(Public Works) SAMPLE.doc SECTION 00520 -Agreement(Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as. ,specified or indicated in the Contract Documents. The Work is generally described as follows: This project consists of the miffing and resurfacg of 45"' Street from 43'd Avenue to east of 24th Avenue. Inc tded in t i project i the nstruction of new 5' wide paved shoulders, 700" -} :, of, ew side** existing sidewalk enhancements, curb and utter ar - i �markin s d extensive landscape improvements, g <?`�°' ' P .w ¢} 9P ARTICLE 2 -THE PROJE A;. V Ak. 2.01 The Project for which o n er'the Contract Documents may be the whole or only a part is generally describe. :$fol . � € vesAiN-ProdNa N14%,-;.Gifford •hborhood 45th Street Beautification Project Countyrot ' � ber 1;.gE�• Bid Nu' a-r. 2031.11. 9:„. ''s •' Project •e®r:,. 4'`' -et Vero Beach Florida ARTICLES .v ER 3.01 The Indian Riven unty Public Works Department is hereinafter called the ENGINEER and will act as,sOWNER's representative, assume all duties and responsibilities, and have the rights and`authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 00520-Agreement(Public Works)SAMPLE 00520-2 25 F:1Public WorkMENGINEERING DIVISION PROJECTS 1506-Gifford Neighborhood 45th St Beautification Admintagenda items100520-Agreement(Public Works) SAMPLE.doc A. The Work will be substantially completed on or before the 120th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work isnot completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will comme `ce for this portion of work. The parties also recognize the delays, expense, and difficult s involved in proving in a legal proceeding the actual loss suffered by'OWNER if the Work,is not completed on time. Accordingly, instead of requiring any such roof, OWNER.and CONTRACTOR agree that as liquidated damages for delay but not: s:a penalty), CONTRACTOR shall pay OWNER $1,742.00 for each lendar day hate es after the time specified in paragraph 4.02 for Substantial Comp sn until ,71,,.Work , ubstait lly complete. After Substantial Completion, if CONTRAC ;shall eglect, refruse nor fail to complete the remaining Work within the C� ` ct Time r®y v: 4 proper extension thereof granted by 'ti OWNER, CONTRACTOR shall•B: a.WNE' A `' 42.00 for each calendar day that expires after the time specified in paragh' :4 for .. '`i.letion and readiness for final payment until the Work is co , eted and re" f.' -.I pay ?.t. ARTICLE 5 -CONTRACT P c. CE': . 5.01 OWNER shall,pay CONI*ToRlf. 12.4 mpletion of the Work in accordance with the Contract Dots, an amount in t funds equal to the sum of the amounts determined ii rsu ' to •aragrap -5 01.A and summarized in paragraph 5.01.B, below: 6-1 A �,orgall Work, atx i e pricestated{in CONTRACTOR's Bid, attached hereto as an exhibit. B. ;'THE CONTRACT SUM subject to additions and deductions provided in the Contract:: , NUme coal Alu%,„14.,,, $ Written Amou * ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 00520-Agreement(Public Works)SAMPLE 00520-3 2 F:1Public Works\ENGINEERING DIVISION PROJECTS11506-Gifford Neighborhood 45th St Beautification\Adminlagenda items 100520-Agreement(Public Works) SAMPLE.doc 6.02 Progress Payments. A.The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes-section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of`the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract.Documents X 6.03 Pay Requests. A.Each request for a progress paYent shit be salt ora ,the application for payment form supplied by OWN J and t ;'applicatio fopayment shall contain At'othe CONTRACTOR'S cation 1. r�®ress a mee will be on the basis of progress of the work ma ed by ' .- hedule of values established, or in the case of unit price wor 'a.: -°:fie ,,on th"'-'�,,p.umber of units completed. After fifty percent (50%) comple a e, -k4;.,..!, puns t to Florida Statutes section 218.735 8 • CONT- TO -y sub* a pay request to the County as OWNER for' •,,on half ( a .:of t �tainage held by the County as OWNER, and the County OWN ' sh prom ly make payment to the CONTRACTOR unl ss;such amo .tts are: d eject of a good faith dispute; the subject of a cla> �" rsuant to Flo i--Stat ` -__`section 255.05(2005); or otherwise the subject of a - ` ?,r eman• • the County as OWNER or the CONTRACTOR. The CONT ACTO< cknowreiggs that where such retainage is attributable to the fig,- labor, s .,, Ices, 2,t;', :t-,_ialNtipplied by one or more subcontractors or suppliers, the Co ect.''shall yimely remit payment of such retainage to those ,. subcontract+ and suppliers. Pursuant to Florida Statutes section ,' �2 735(8)(c 2005), CONTRACTOR further acknowledges and agrees that: 1) •ttrrty a WNER shall receive immediate written notice of all decisions made byaON ( ACTOR to withhold retainage on any subcontractor at greater than five ;percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR 00520-Agreement(Public Works)SAMPLE 00520-4 27 F:1Public WorkstENGINEERING DIVISION PROJECTSN506-Gifford Neighborhood 45th St BeautificationlAdminlagenda itemsW0520-Agreement(Public Works) SAMPLE.doc other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and',others in accordance with paragraph 6.20 (Indemnification) of the General Conditions-to the Construction Contract. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: -, . A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Biddihg'Docu' `•ents. B. CONTRACTOR has visited the Site andbecome familiar witlaaand is satisfied as to the general, local, and Site conditio . at may+ affect, ost, progress; and performance of the Work. �:7::,- 0 C. CONTRACTOR is familiar with an,.71, e--":-Ted as I federal, state, and local Laws and Regulations that ma cost, pry a ,-ss,"' performance of the Work. D. CONTRACTOR has •� ful'� ,di .--, .all: O reports of explorations and tests of subsurface conditions at • ontigu a sr A the Site and all drawings of physical conditions in or relating to a (sting sitifilo surfaceor ,sii•- face structures at or contiguous to the Site (except Un g `« .r Faciliti .;which -have been identified in the Supplementary �rw� Conditions as ovi• -a t4.aragra 4.02 of the General Conditions and (2) reports and rd s of a lard ��d�y' `" g � r.nm ntal Condition, if any, at the Site which have been identified in the STippyrerienta ,,,-onditions as provided in paragraph 4.06 of the General conditions. E. Ca' T TORhas wined and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data onceming conditions (surface, subsurface, and Underground Facilities) at or contiguous`p the Site which may affect cost, progress, or performance of the Work or which relateto any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 00520-Agreement(Public Works)SAMPLE 00520-5 28 F.1Public WorkstENGINEERING DIVISION PROJECTSN506-Gifford Neighborhood 45th St BeautficationWdmin\agenda items\00520-Agreement(Public Works) SAMPLE.doc G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicateand convey understanding of all terms and conditions for performance and furnishing o 'the Work. ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the.fo Ilowihi : 1. This Agreement (pages 00520-1 to 005520-9, inclusive), ctv 2. Notice to Proceed (page 005 , 3. Public Constructs•n Bond (pag y006-.0-1 to 06000-3, inclusive); 4. Sample Certificat y ``ability Ins .ance (Age 00620-1); 5. Contractor's Application'for Payme jt pa9es 00622-1 to 00622-6 inclusive); 6. General G nd�lo:s (pages'‘.70_0-1 to 00700-42, inclusive), Chi 46A Supplementry CoY ens(pages 00800-i to 00800-11, inclusive); • 8. Specifications a lj•ted in Division 1 (General Requirements) and Division 2 (Technical ` ' - 4sw � . 9. Drawings co5tsting'of Construction Plans with a cover sheet and sheets numbered 2 through 15, iridusive, Landscaping Plans with sheets numbered LA-1 through LA-18, inclusive, ea`c`hsheet bearing the following general title: 45th Street Beautification Proiect; 10. Addenda (numbers to , inclusive); 11. Appendices to this Agreement (enumerated as follows): Appendix A— Indian River County Fertilizer Ordinances 12. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive) 13. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive). 00520-Agreement(Public Works)SAMPLE 00520-6 29 F:\Public Wo kstENGINEERING DIVISION PROJECTSN506-Gifford Neighborhood 45th St BeautificationtAdmintagenda itemst00520-Agreement(Public Works) SAMPLE.doc 14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive) 16. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 17. Contractor's Final Certificate of the Work (page 00632=1 to 00632-2 of the Specifications) ARTICLE 10 - MISCELLANEOUS ` >° ' el''' ''''''4,7- F 10.01 Terms `" A. Terms used in this Agreement will* ave the'me sings indicated in.the General Conditions. 10.02 Assignment of Contract -- '1k t' ` yam$ �� A. No assignment by whereto o: ny rig:is undeor interests in the Contract will be binding on another ®-►` -4 a to wit ,G t th itten consent of the party sought to be bound; and, specifically®;tt t1Ii tion, moneys that may become due and moneys that are due tray not be igns® ,: such consent (except to the extent that the effect of t1442,-: s4b ,-: triction m e llm a y law), and unless specifically stated to the contrary in 6,4 '''r-onconsen o an assignment, no assignment will release or discharge the assignor fin any o uty or resMisibility under the Contract Documents. 10.03 Successors and Assigns A. Ovvii4FR nd=.<GONVRACTOR each binds itself, its partners, successors, assigns, and legal°r3 pr s ves to the other party hereto, its partners, successors, assigns, and legal representatives in sp�ect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by 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 Contract 00520-Agreement(Public Works)SAMPLE 00520-7 30 F:\Public Works\ENGINEERING DIVISION PROJECTS\1506-Gifford Neighborhood 45th St BeautificationlAdmin\agenda itemM00520-Agreement(Public Works) SAMPLE.doc shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and ata-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<aid exempt from public records disclosure requirements are not-'disclosed except a'..<,-,--:: uthorized,by law. Z4"': (4) Meet all requirements for retaining public r cords and transfer, no cost, to the County all public records in possession of the Contractor upon termination of the Agreement and destroy any �z'public r. ' rds f.f,'at are exempt or confidential and exempt:.from plaid reco as: disclos�4rr cements. All records stored electronically must �4 providedto v`' County in a�fo rmat that is compatible with the information tec 12.;syste- the County. tt B. Failure of the Contractor to comply nth se requ �ments shall be a material breach of this Agreement. ' : _ t`� t d "i b< S' i [The remainder of this page was left blank intentionally] W.i 00520-Agreement(Public Works)SAMPLE 00520-8 31 F:\Public Works\ENGINEERING DIVISION PROJECTS\1 506-Gifford Neighborhood 45th St BeautdicationtMminlagenda items\00520-Agreement(Public Works) SAMPLE.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Wesley S. Davis, Chairman (Contractor) By: (CORPORSE ATE AL) Joseph A. Baird, County Administrator > = ;;, hk {Attest" APPROVED AS TO FORM AND . LEGAL � ? SUFFICIENCY: By: �a°' Dylan Reingold, County Attorney v�, Ni,..„,, Address for giving notices: '4 �3S:.1i.1�' Vi.., ''' ^5,4 } i `4'S' 1, Chit Jeffrey R. Smith, Clerk of CourtComptroller ' >X' ,fir,� f < License No. Attest: ,, (Where applicable) Deputy C'eer k (SEAL) "-;: x. �s'� .ate Agent for service of process: a'3n� x '4.< Designated Representative: Name: Cads ! `d' Kafer"'Jr P.E. Designated Representative: Title: Coun � n9 ee ',,` 4IA, Name: 1801 27th Street ;; Title: Vero Beach, Florida 32960x Address: (772) 226-1221 a ' Facsimile: (772) 778-9391 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ** END OF SECTION * * 00520-Agreement(Public Works)SAMPLE 00520-9 32 F:1Public WorkstENGINEERING DIVISION PROJECTSN506-Gifford Neighborhood 45th St Beautfication\Adminlagenda items100520-Agreement(Public Works) SAMPLE.doc Consent Agenda Item ri AtIN ,-- INDIAN RIVER COUNTY, FLORIDA # *, DEPARTMENT OF UTILITY SERVICES Date: June 23, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AW Gordon Sparks, P.E., Environmental Engineer Eli- Subject: li Subject: Award of Bid No. 2015029 to General Underground LLC for an 8" Water Main Extension on Indian River Drive South of Roseland Road—UCP#4109 DESCRIPTIONS AND CONDITIONS: The Department of Utility Services (Utility Department) received a petition on January 22, 2013 from ten residents of Indian River Drive requesting a water assessment project to extend an 8" water main from its present terminus(Sta. 51+00)about 550 feet north towards Roseland Road (Sta. 56+50).Staff decided it would be a good idea to also complete an 8" loop to the dead end water main by continuing it another 1150 feet to an existing 8" water main at the intersection of Indian River Drive with Roseland Road. This would improve overall pressure, supply, water quality and fire protection to the area. Therefore, the Schedule of Bid Item form was divided into two parts: Part A for the water assessment project and Part B for the completion of the water main loop to Roseland Road. The Board of County Commissioners adopted Resolution No. 3 confirming the special assessment on March 10, 2015 in connection with the water main extension. The project was advertised for public bids on May 8, 2015. The bid item form was divided into two parts: Part A was for the water assessment project and Part B was for the County loop extension project.The engineer's opinion of probable cost for construction was$129,175.00. ANALYSIS: On June 10, 2015,three (3) bids were received and opened by the Purchasing Division, as follows: 1. W. P. Underground Utilities, Inc. $155,463.50 2. Blue Goose Construction $184,864.70 3. General Underground LLC $123,779.36 Purchasing prepared a bid summary of the three (3) bids (See Attachment 1). Purchasing also received two positive reference forms for General Underground LLC. Therefore, it is in the best interest of the County and the customers in the water assessment project to award the bid to the lowest responsive and responsible contractor, General Underground LLC of Chiefland, Florida. The bid amount for Part A for the 33 assessment portion was $37,251.00 and the bid amount for Part B for the loop completion was $58,841.00. The public construction bond, mobilization, MOT and force account to cover both parts A and B totaled $27,687.36. This amount was distributed proportionately between the assessment construction cost and the water main loop completion construction cost. FUNDING: Funding for this project is derived from the capital fund and assessment fund. The capital fund revenues are generated from impact fees. Furthermore, growth has created the need for expansion or construction of the facilities and that new growth will benefit from the expansion or construction of the facilities. Assessment funds are generated from reimbursements from the benefiting property owners. ACCOUNT NAME ACCOUNT NUMBER AMOUNT 8"WM Extension on Indian River Dr.Assessment 473-169000-06510 $47,412.26 8"WM Extension on Indian River Dr. Loop Comp. 472-169000-06510 $76,367.10 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the total amount for the 8" Water Main Extension on Indian River Drive South of Roseland Road of$123,779.36, and approve award of Bid No. 2015029 to General Underground LLC of Chiefland, Florida in that amount. Staff also recommends the Board of County Commissioners approve the attached agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENT(s): 1. Purchasing Bid Tabulation Summary 2. Sample Agreement APPROVED FOR AGENDA: B ,4f , n Indian River Co. Approved Date y: �1 ��Vllc�c.(/���(l Jose A. Baird, County Administrator Administration 0'4 e; 9 �Legal . Y Budget ‘1.4 )))� For: /, G[�/Q/cc5 Utilities `f V y f< Date utilities GN'Nt. Purchasing 914 6129/0 F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Indian River Dr.so.of Roseland Rd.8-inch Water Main Extension UCP 4109\0A-Agenda to Award Bid for WM Project-6-23-15 cmc.doc 34 f0 L n .:f- ,,^^ .O = .. 9 !: S 0 W U v N M C EYIO:; 4.0 t0 N Q) �) • 00 N C O f0 d`. VIN -a �•:''l� U 4-4 41 4.7 4, `C` Z2t.y .'C C N ..k..‘4,-.-..,'‘..;' y, 4; Y' 1 l"I l"I -uoi eU'oUI • 4 , 1 . > > >- ALO 4• �tl i Y L §. T , lease uaa °_ >- >- r 3 Y2 * auras aaVV " >- >- > mfa i :F, . Ill a.CJ _ Y r..4h CO >- >- >- h�`. :„,-,..,...,,,,,I.:.Y`-)� iCy >" >- >- CO p4- 1'0.•`', 7'W,,, N i, k ; C N :,�� *�.v 5 `j# C J O % .,t .Y 1' . *vi ++ C C „'+ -r1: ¢1 - 7 O 01 f0 C 413 F ,� j ' Qe_I 0 c Bo 0hr,.k , .� , si'k4,11 . L 0 'p NON C I- WOp C CC •dN '° # i,.7 ig, t:'°' e: 0 �p Lu Z 1- '471 _ +'C+ O CJ wCL '1 rt+„f. r '› D V 2 � �> p,, a C 13 "0 V 0 'o ,y`vF, , ,�, t f _ 01 O Attachment 135 Agreement Bid No. 2015029 8" Water Main Extension on Indian River Drive South of Roseland Road THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) General Underground LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents as set forth in Article 8 of this Contract. The Work is generally described as follows: Contractor as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material and equipment to perform the work as specified or indicated in the Contract Documents and per FDEP, the Indian River County Department of Utility Services and County Engineering Department standards. The work is generally described as follows: The proposed work generally consists of furnishing all labor, materials, tools and equipment to construct approximately 1,550 feet of 8" PVC and 250 feet of 8" HDPE water main including gate valves, fire hydrant, water services and fittings. All work will include maintaining traffic control, complete restoration and all other appurtenant and miscellaneous related items and work for a completed project. It is the intent of the Indian River County Department of Utility Services to obtain complete and working installations under this contract and any items of labor, equipment, and materials that may reasonably be assumed as necessary to accomplish this end shall be supplied whether or not they are specifically stated herein. All work as shown on the construction plans will be done in accordance with the Indian River County Department of Utility Services Water&Wastewater Utility Standards, (January 2015)or latest edition, unless specified differently in the individual Work Authorizations or changed by the Engineer or his representative. The work is on Indian River Drive south of Roseland Road in Sebastian. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; fittings and restrainers; soil backfill compaction; testing; (including backfill and subgrade testing); road, landscape and driveway restoration; re-grading and grassing (sod); mobilization, demobilization and traffic control. All right —of-way shall be restored to like or better condition including sidewalks and drainage. No excavation shall be left open when work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and materials shall be stored a minimum of 15 feet from the edge of pavement and shall be protected by Type II barricades with flashing yellow lights. Attachment 2 Section 00530-1 36 The Contractor is responsible for obtaining a County Public Works Engineering Division right-of- way permit. The Contractor shall also submit a Traffic Control Plan to the County Public Works Traffic Engineering Division a minimum of 72 hours prior to construction and notify County Traffic Engineering a minimum of 24 hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained while the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches the area between the centerline and two (2)feet outside the edge of pavement, traffic shall be restricted to a single lane. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be generally described as follows: Project Name: 8" Water Main Extension on Indian River Drive South of Roseland Road Bid Number: 2015029 Project Address: Indian River Dr. south of Roseland Rd. ARTICLE 3—TERM AND CONTRACT TIMES 3.01 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 10 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Mobilize all labor, equipment, and materials. 6. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 16 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre-construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 91 calendar days to 120 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. Section 00530-2 37 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.02 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.03 Liquidated Damages CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in writing as a change order to this Agreement. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER$450.00 for each calendar day that expires after the time specified in paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 -CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ 123,779.36 Written Amount: One hundred twenty three thousand, seven hundred and seventy nine dollars and thirty six cents ARTICLE 5 -COMPENSATION CONTRACTOR shall submit Applications for Payment on a monthly basis. Applications for Payment will be processed by ENGINEER as provided in the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall retain ten percent(10%)of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by Section 00530-3 38 CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent(50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half(1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) (2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the Agreement. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6—INSURANCE AND INDEMNIFICATION 6.01 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. 6.02 CONTRACTOR 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 CONTRACTOR's fee: A. 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. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. Section 00530-4 39 B. General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage/legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). C. 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; $300,000 uninsured/underinsured motorist; $300,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 6.03 Contractor's insurance coverage shall be primary. 6.04 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. 6.05 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 6.06 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. 6.07 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. 6.08 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 6.09 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. 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. ARTICLE 7 -CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: Section 00530-5 40 A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods,techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods,techniques, sequences, and procedures of construction, if any,expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations,tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 -CONTRACT DOCUMENTS 8.01 The Contract Documents consist of the following: A. This Agreement B. Certificate of Liability Insurance C. Invitation to Bid 2015029 D. Addenda (numbers 1 to 1 , inclusive); Section 00530-6 41 E. CONTRACTOR'S Bid Form F. Bid Bond G. 00413 Schedule of Subcontractors H. 00452 Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships I. 00454 Sworn Statement Under the Florida Trench Safety Act J. 00456 General Information Required of Bidders K. Public Construction Bond L. Notice to Proceed ARTICLE 9 - MISCELLANEOUS 9.01 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees or Subcontractors 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. 9.02 Invitation to Bid. It is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Invitation to Bid dated May 7, 2015 (including addenda_1_through_1J shall be incorporated herein. 9.03 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 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 OWNER. 9.04 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. 9.05 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, Section 00530-7 42 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 waiver 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. 9.06 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. 9.07 Availability of Funds. The obligations of the OWNER 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. 9.08 No Pledge of Credit. The CONTRACTOR shall not pledge the OWNER's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 9.09 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: A. Keep and maintain public records that ordinarily and necessarily would be required by the OWNER in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the OWNER would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D Meet all requirements for retaining public records and transfer, at no cost, to the OWNER 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 OWNER in a format that is compatible with the information technology systems of the OWNER. A. 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. 9.10 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: Section 00530-8 43 County: Indian River County Attn: Gordon Sparks, P.E. 1801 27th Street Vero Beach, FL 32960 Contractor: General Underground LLC 7650 NW 50th Street Chiefland, Florida 32626 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 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. 9.11 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. 9.12 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 9.13 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. 9.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the OWNER's sovereign immunity.IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. Section 00530-9 44 This Agreement will be effective on , 2015 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Wesley S. Davis, Chairman (Contractor) By. (CORPORATE SEAL) Joseph A. Baird, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Clerk of Court and Comptroller (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Contact Info: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Section 00530-10 45 Imo. INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director 1N� CONSEN FROM: James D. Gray,Jr. 15 Coastal Engineer SUBJECT: Sector 3 Dune Repair Project, Change Order No.3 Guettler Brothers Construction, LLC DATE: June 29, 2015 DESCRIPTION AND CONDITIONS On July 8, 2014, the Board of County Commissioners awarded a contract to Guettler Brothers Construction, LLC. (Guettler) to repair the dunes damaged by Hurricane Sandy (October, 2012)within the Sector 3 Beach and Dune Restoration Project area. The project utilized sand from mined upland sand sources transported to the beach in trucks to repair approximately 31,000 feet (5.9 miles) of storm damaged dunes by placing approximately 173,068 cubic yards of beach compatible sand landward of the mean high water line (MHWL). The project was completed on March 24, 2015. On November 4, 2014,the Board approved Change Order No. 1 which eliminated the 75% Sand Stockpile Provision of the contract, but did not modify the contract amount which remained at $3,076,920. On March 24, 2015, the Board approved Change Order No. 2 which increased the contracted sand fill quantity from 154,700 cubic yards to 173,068. The additional 18,368 cubic yards of sand fill was needed to fully construct the project following erosion from Nor'easter storms in December 2014 and January 2015. Change Order No. 2 increased the contract amount by$303,072 from $3,076,920 to $3,379,992. The subject of this agenda item is the Change Order No. 3 request from Guettler. Change Order No. 3 increases the following: • $8,580 for additional beach profile surveys to document the beach erosion from the December 2014 and January 2015 Nor'easter storms, • $260 for minor re-grading of placed fill to reduce the potential for escarpment formation per County Field Order No. 4, and • $3,431.03 for Contractor bond premium increases resulting from Change Orders 2 and 3. F:\Public Works\JamesG\Sector 3 Repair Project\Change Orders\Change Order No.3\Change Order No 3-Sector 3 Dune Repair Project--7-7-15.docx 46 Page 2 Agenda Item for 07-7-2015 BCC Meeting Sector 3 Dune Repair Project—Change Order No.3 June 29, 2015 The total amount of Change Order No. 3 is $12,271.03. Note: The actual cost for the additional beach profiles surveys was $17,160, however staff and Guettler agreed to spilt the costs evenly,thereby having each party contribute $8,580. Change Order No. 3 increases the contract price of$3,379,992 to $3,392,263.03. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding is budgeted and available for construction of the Sector 3 Dune Repair Project in the Beach Restoration Fund, Sector 3 Renourishment — Post Hurricane Sandy Account No. 12814472-066510-13014. Additionally, this project is eligible for 50% state cost through the Florida Department of Environmental Protection Beach Management Funding Assistance Program. RECOMMENDATION Staff recommends that the Board approve and authorize the Chair to sign Change Order No. 3 to the Sector 3 Dune Repair Project contract with Guettler Brothers Construction, LLC. The County's coastal engineering consultant, CB&I Coastal Planning and Engineering, Inc. also recommends approval of Change Order No. 3 ATTACHMENTS 1) E-mail dated May 28, 2015 from Guettler Brothers Construction, LLC. 2) Sector 3 Dune Repair Project Change Order No. 3 APPROVED AGENDA ITEM Approved FOR: July 7, 2015 Indian River County Date � Administration , . BY: •,i • I Il /� Budget 6llT'iI1� Legal Public Works ® Coastal Engr.Division UK) F:\Public Works\JamesG\Sector 3 Repair Project\Change Orders\Change Order No.3\Change Order No 3-Sector 3 Dune Repair Project--7-7-15.docx 47 ATTACHMENT 1 James Gray From: Ben Guettler <Ben@guettlerconstruction.com> Sent: Thursday, May 28, 2015 3:29 PM To: James Gray Cc: Swigler, David (David.Swigler@cbi.com);Frank Guettler Subject: Change Order#3 James- Based on our discussions below is what I came up with for the total for Change Order#3. Original Contract $3,076,920.00 CO#2 $ 303,072.00 Added Survey $ 8,580.00 $17,160 Split Field Order#4 Grading $ 260.00 Bond Premium w/Contractor $ 3,431.03 Sum of Added Costs Over Original Contract Amount x 10$Per Fee Thousand= CO#3 Total $ 12,271.03 Also as a matter of record and part of the compensation for the Change Order#3, please consider all prior claims resolved and closed. Thanks Ben Guettler Guettler Construction 772-461-8345 772-461-8039 FAX www.auettlerconstruction.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.If you have received this email in error please notify the system manager.This message contains confidential information and is intended only for the individual named.If you are not the named addressee you should not disseminate,distribute or copy this e-mail.Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.If you are not the intended recipient you are notified that disclosing,copying,distributing or taking any action in reliance on the contents of this information is strictly prohibited. e 1 48 ATTACHMENT 2 SECTION 00942-Change Order Form No. 3 DATE OF ISSUANCE: June 24.2015 EFFECTIVE DATE: July 7.2015 OWNER: Indian River County CONTRACTOR Guettler Brothers Construction. LLC. Project Indian River County Sector 3 Dune Repair Project OWNER's Project No. 0928-A ENGINEER'S Bid No. 2014037 You are directed to make the following changes in the Contract Documents: Description: Increase overall contract amount to account for, additional beach profile surveys, field directive #4,and the increased Contractor bond premium as a result of contract change orders 2 and 3. Reason for Chance Order: Additional beach profile surveys were needed to document beach erosion to the project fill template as a result from December 2014 and January 2015 Nor'easters. Minor regarding of the placed fill was performed to reduce the potential for escarpment formation per Field Order #4. Change Order No. 3 also accounts for Contractor bond premium increases. Attachments: (List documents supporting change) E-mail dated May 28, 2015 from Ben Guettler(Guettler Brothers Construction, LLC.) requesting a Change Order to accommodate the additional surveys and bond premium. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $3.076.920 Original Contract Time: (days or dates) Substantial Completion: nig Final Completion: n/a Net Increase(Decrease)from $303.072 Net change from previous Change previous Change Orders No.2 Orders No.n/a to n/a: (days) Substantial Completion: Lai Final Completion: n/a Contract Price prior to this $3.379.992 Contract Time prior to this Change Change Order: Order: (days or dates) Substantial Completion: nig Final Completion: n/a Net increase(decrease)of this $12.271.03 Net increase(decrease)this Change Order. Change Order: (days or dates) Substantial Completion: il/ Final Completion: n/a Contract Price with all approved $3.392.263.01 Contract Time with all approved Change Orders: Change Orders: (days or dates) Substantial Completion: Dia Final Completion: n/a ACCEPTED: RECOMMENDED: APPROVED: B � By:�J By: gO)TRA� /Signature) ENGINEER(Signet OWNER(Signature) Date: &�Z g/l 5— Date: ri 29/201-6— Date: 00942-Change Order Form—Change Or 3—Additional Survey&bond premium 6-24-15 00942-1 P O1JOBS102 Mans Jc6sURC Dub RaprcCherge Ordere100942•Change Order Farm-Menge Order No 3-AC6Uom4 Survey&pond premien 6-24-15 dou Rev 05101 9 7 E FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Davis,Wesley S. Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 1801 27th Street,Bldg A WHICH I SERVE ISA UNIT OF: CITY COUNTY Darr El COUNTY DOTHER LOCAL AGENCY Vero Beach Indian River NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: July 7,2015 ❑� ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency)by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163 357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. . . . . . . . . . . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) F • APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Wesley S. Davis , hereby disclose that on July 7 20 15 (a)A measure came or will come before my agency which(check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business as ociate, inured to the special gain or loss of my relative, /—C.,0 �•t `ei !f 4 / ; inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: /11/ '1A-e-r- if 0 S o4 7�G ? S ✓� 4 9o " 3 e c a 0- Y. O_oBE GS ►�'► � - i - B5 1 - 1 5 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2 Consent Agenda Indian River County Interoffice Memorandum Office of Management& Budget To: Members of the Board o - aunty Commissioners From: Jason E. Brown Director, Office of Mana• - - t& Budget Date: June 29, 2015 Subject: Miscellaneous Budget Amendment 018 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. The Building Department review and inspection workload is up significantly as well as revenues. The attached entry appropriates funding in the amount of $35,000 to fund 2 building inspector positons for the remainder of the fiscal year. These new positions were initially requested in the FY 15/16 budget process and will be included in the County Administrator's recommended budget. 2. The Health Department received a $100,000 grant and has allocated $60,000 for a playground at the MLK Walking Trail. The attached entry appropriates funding to the General Fund/Parks/Other Machinery & Equipment. 3. The IRC North County Office is in need of a replacement telephone system. The attached entry appropriates $1,750 from MSTU/Cash Forward-Oct 1st. 4. On June 16, 2015, the Board of County Commissioners approved the Mediated Settlement Agreement to acquire property owned by Laurel Homes needed for 66th Avenue improvements. The attached entry appropriates funding in the amount of $555,000 from Optional Sales Tax/Cash Forward-Oct 1st. 5. On January 25, 2015, the Board of County Commissioners executed Developers Agreement with Hutton Growth One, LLC providing $30,000 to the County to assist in funding the 45th Street Canal Enclosure. The attached entry appropriates this contribution. 50 Board of County Commissioners June 29, 2015 Page 2 of 2 6. On February 17, 2015, the Board of County Commissioners approved $50,000 for replacement seating at Holman's Stadium. The attached entry appropriates an additional $3,000 for supplies needed to complete this project from Tourist Tax/Cash Forward-Oct 1. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2014/2015 budget. Attachments Budget Amendment 018 and Resolution Indian River County Ap- oved Date Administrator WI /Ti fLegal LiIgi) APPROVED AGENDA ITEM: Budget j� BY: Department I �7oseh A. Baird Risk County Administrator Management FOR : July 7, 2015, 51 RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2014-2015 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2014-2015 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2015. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By . By Deputy Clerk Wesley S. Davis, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 52 xhibit"A" Resolution No.2015- Budget Office Approval: / Budget Amendment 018 Jason E. Fown, =udget Directors Entry Fund/Depart n •ccount Name Account Number Increase Decrease Number 1. Revenue Building Permits/City 441032-322011 $35,000 $0 Expense Building Department/Salaries 44123324-011120 $25,000 $0 Building Department/Social Security 44123324-012110 $1,550 $0 Building Department/Retirement Contribution 44123324-012120 $1,795 $0 Building Department/Insurance-Life&Health 44123324-012130 $5,055 $0 Building Deparment/Worker's Comp 441233024-012140 $413 $0 Building Deparment/OPEB Expense 44123324-012160 $824 $0 Building Deparment/Medicare 44123324-012170 $363 $0 2. Revenue General Fund/Other Contribution-Donation 001038-366090 $60,000 $0 Expense General Fund/Parks/Other Machinery&Equipment 00121072-066490 $60,000 $0 3. Revenue MSTU Fund/Cash Forward-Oct 1st 004039-389040 $1,750 $0 Expense MSTU Fund/Telecommunications/Communication 00423437-044710 $1,750 $0 Equip-Maintenance 4. Revenue Optional Sales Tax/Cash Forward-Oct 1st 315039-389040 $555,000 $0 Expense Optional Sales Tax/ROW/66th Avenue-12th Street to 31521441-066120-06021 $555,000 $0 SR 60 53 f) Exhibit"A" Resolution No.2015-Budget Office Approval: (- 41D/ Budget Amendmem 018 Jason E Bro ,Budget Direct( Entry Fund/Depa - Account Name Account Number Increase Decrease Number 5. Revenue Secondary Roads/Misc Income/Other Contributions- 109038-366090-14015 $30,000 $0 45th Street Canal Enclosure Expense Secondary Roads/45th Street Canal Enclosure 10921441-066510-14015 $30,000 $0 6. Revenue Tourist Tax/Cash Forward-Oct 1st 119039-389040 $3,000 $0 Expense Tourist Tax/Dodgertown/Maintenance-Other Equipment 11916275-034690 $3,000 $0 54 Consent INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator FROM: John King, Director ' Department of EmetniQ Services FROM: Etta LoPresti, Emergency Management Coordinator Emergency Management Division DATE: June 16, 2015 SUBJECT: Approval of Resolution Adopting the Updated 2015 Indian River County Unified Local Mitigation Strategy On July 13, 2010, Indian River County's Updated Unified Local Mitigation Strategy was adopted by Resolution No. 2010-059. The Federal Emergency Management Agency regulations require that all hazard mitigation plans be reviewed and updated as appropriate, and resubmitted to FEMA for approval within five (5) years. In order to continue to be eligible for the following mitigation grant programs administered by FEMA: Hazard Mitigation Grant Program (HMGP), Pre-Disaster Mitigation Competitive (PDM-C), Flood Mitigation Assistance(FMA), Repetitive Flood Claims Program (RFC)and Severe Repetitive Loss Pilot Program (SRL), local governments must have a FEMA approved hazard mitigation plan in order to apply for and/or receive project grants. FEMA staff has reviewed and approved our updated plan and has determined that the Indian River County hazard mitigation plan is compliant with federal standards, subject to formal community adoption. Formal adoption of this plan by each municipality must also occur within one calendar year of receipt of FEMA's "Approval Pending Adoption." FUNDING: No funding was required to update Indian River County's Unified Local Mitigation Strategy. RECOMMENDATION: Staff recommends approval of the attached Resolution and the updated 2015 Indian River County Unified Local Mitigation Strategy. Staff also requests authority to forward the revised LMS plan to each municipality for their formal approval. 55 ATTACHMENTS: 1. Resolution adopting the updated 2015 Indian River County Unified Local Mitigation Strategy. 2. Copy of Approval Letter from FEMA. 3. Resolution 2015 - **Due to its size, the 2015 Plan is on file at the Department of Emergency Services and the Board of County Commissioners Office.** APPROVED FOR AGENDA Indian River County Ap roved Date FOR: July 14, 2015 Administrator [,j'VIA Legal � Nim BY: • / • !!1 Budget ',agog Jose.h A. Baird Risk Management al ik: I5 County Administrator Department 111111111112 56 RESOLUTION NO. 2015 - A Resolution of the Board of County Commissioners COPY of Indian River County, Florida, for Approval of the 2015 Revised Indian River County Unified Local Mitigation Strategy WHEREAS, on July 13, 2010, Indian River County's updated Unified Local Mitigation Strategy (LMS) was adopted by Resolution No. 2010-059; and WHEREAS, the Federal Emergency Management Agency requires that all Hazard Mitigation plans must be reviewed and updated as appropriate, and resubmitted to FEMA for approval within five (5) years; and WHEREAS, FEMA staff has reviewed and approved Indian River County's hazard mitigation plan and determined that it is compliant with federal standards and is now ready for approval by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: 1. The updated Unified Local Mitigation Strategy (a copy of which is located in the Clerk to the Board's Office) is hereby adopted as the official document for inclusion in the State- wide Hazard Mitigation Strategy. 2. The 2015 Revised Indian River County Unified Local Mitigation Strategy Plan will be forwarded to each municipality for their formal approval. The Resolution was moved for adoption by Commissioner . The motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chair thereupon declared the Resolution duly passed and adopted this day of , 2015. BOARD OF COUNTY COMMISSIONERS Attest: Jeffrey R. Smith, Clerk INDIAN RIVER COUNTY, FLORIDA and Comptroller By: By: Deputy Clerk Wesley S. Davis, Chairman Approve a to f rm a•• I-g- ufficiency: By. ' Dylan Reingold, County Attorney 57 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W.KOON Governor Director June 22, 2015 Mr. John King Local Mitigation Strategy Chair 4225 43rd Avenue Vero Beach, Florida 32967 Re: Indian River County Local Hazard Mitigation Plan Approved Pending Adoption Dear Mr. King: This is to confirm that we have completed a State review of the Indian River County Local Mitigation Strategy (LMS) update for compliance with the federal hazard mitigation planning standards contained in 44 CFR 20116(b)-(d). Based on our review and comments, Indian River County developed and submitted all the necessary plan revisions and our staff has reviewed and approved these revisions. We have determined that the Indian River County LMS plan is compliant with federal standards, subject to formal community adoption, for the jurisdictions below: Indian River County, Unincorporated City of Sebastian City of Vero Beach Town of Fellsmere Town of Orchid Town of Indian River Shores Upon submittal of a copy of all participating jurisdictions' documentation of their adoption resolutions to our office, we will send all necessary documentation to the Federal Emergency Management Agency (FEMA) who will issue formal approval of the Indian river County LMS. DIVISION HEADQUARTERS Tel: 850-413-9969 • Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.orq 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 58 Mr. Miles Anderson June 22, 2015 Page two If you have any questions regarding this matter, please contact David M. Block at 850- 413-9959 or david.block@em.myflorida.com. Respectfully, • Vv �' Miles E. Anderson, Bureau Chief, Mitigation State Hazard Mitigation Officer MEA/dmb Attachments: MEMORADUM: State approval of LMS plans under Program Administration by States (PAS) 59 .1.k4„e)st r1 X59` STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W.KOON Governor Director October 1, 2014 MEMORANDUM TO: Local Mitigation Strategy Working Group Chair/Coordinator FROM: Miles E. Anderson, Mitigation Bureau Chief ' i\ State Hazard Mitigation Officer ,\ Florida Division of Emergency Management RE: State approval of LMS plans under Program Administration by States (PAS) Florida is currently operating under PAS with regard to the review and approval of Local - Mitigation Strategy (LMS) plans. Under this designation, the Florida Division of Emergency Management(FDEM)will manage the approval of LMS plans with minimal Federal Emergency Management Agency(FEMA) oversight. FEMA will continue to send final approval letters to local communities for their mitigation plans. The process:, Plan updates should be submitted to the state for review six(6) months prior to the plan expiration date. Once received, FDEM will complete the first review of each LMS plan within 30-days of receipt whenever possible. Once the plan has been reviewed by FDEM, the county will be notified that the plan is either in need of revisions, approved pending adoption, or approved. • Needs Revisions: If the plan is determined to be insufficient the FDEM Mitigation Planning Unit will provide technical assistance to the local jurisdiction until they believe that the plan adequately meets the regulations according to FEMA's standards. • Approved Pending Adoption (APA): After FDEM reviewers determine that the plan adequately meets all regulations according to FEMA's standards, they will notify the local jurisdiction by email and letter that the plan is ready to be adopted. • Approved: Once a plan is adopted, FDEM will notify FEMA that the LMS plan is approved and provide a copy of the adoption resolution, the final plan, and a completed Plan Review Tool. FEMA will issue a formal approval letter for FDEM to transmit to the local community. If you have any questions or need any further information regarding this change please do not hesitate to contact your state LMS liaison. MEA/jlp DIVISION HEAD Q U A R T E R S Tel: 850-413-9989 • Fax: 850-488-1018 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard yvww.FkxidaDlsaster.orq 2702 Directors Row 60 Tallahassee, FL 32399-2100 Orlando, FL 32809-5831 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator \t/ t, THROUGH: John King, Director Department of Emerg n y S ices 7 FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager 4 DATE: June 26, 2015 SUBJECT: Approval of Extension of FX Software Agreement It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On September 10, 2013, the Board of County Commissioners approved the bid purchase (Bid # 2014001)of the annual software services(FX Software) from Harris Inc. for the 800 MHz Public Safety Radio System. The FX Software provides enhancements and corrections to public safety Enhanced Digital Access Communication System (EDACS) backbone and radio components. It also assures the County that any new generation radios, hand-held or mobile units, would seamlessly integrate into our communication network. The signed agreement includes provisions for one (1) year extensions as agreed upon parties. Harris has agreed to extend the price, terms, and conditions for another year. FUNDING: The FX Software is a budgeted expense and funds are available in the 001-107 (Communications/Emergency Services) account. Account Number Agreement Amount 00110719-035120 30,000.00 RECOMMENDATION: Staff recommends the Board authorize a one(1) year extension to the FX Software Agreement. 61 ATTACHMENT: 1. Three (3) Original Copies of Amended Agreement between Indian River County and M/A-COM Inc. 2. FX Software Agreement 2015-2016 Quote APPROVED FOR AGENDA Man7R `c" °au F]dmin��'r�dign l�iAS FOR: July 7th.2015 ` DI� BY: ,0 _ , i+ 1 IAP b ,i06 3o-i5 Josep, A. Baird F••..ram, County Administrator ,_. 62 QUOTATION ci COMMUNICATIONS O INTERNATIONAL Page 111 4450 US Hwy 1 Date 5/21/2015 Vero Beach, FL 32962 Voice:772.569.5355 Fax:772.794.4248 Quote Number QTE1501117 jwillingham@ask4cii.com air To IRC Emergency Services site IRC Emergency Radio System Manager myServices Radio Systems Manager 4225 43rd Ave 4225 43rd Avenue Vero Beach,FL,32967-1671 Vero Beach,FL,32967-1671 USA contact Voice: Fax Site Number Description Salesperson Reference IRC130MAIN FX Agreement 2015-2016 ViAllinahank 4aHray I Description Qty List Price Disc% Disc And Sale Price Total Billing, SSSVIF-Annual Software Services Small 1.00 30.000.00 0.00% 0.00 30,000.00 30,000.00 Multi-Site FX Agreement for Indian River County August 1,2015 to July 31,2016 Subtotal: 30,000.00 Prices quoted are valid for(30)Days from Document Date. Pius Tax 0.00 Orders may be subject to shipping&handling charges. All warranties are manufacture's warranties. Total Due(USD) 30.000.00 Please complete the details below and fax or email them to us. ❑ Purchase Order Number Please place my order now ❑ Credit Card Name El Visa ❑ Mastercard ❑ Bankcard Card No. Exp.Date Signature Cardholders Name ❑ Cheque 4450 US Highway 1 Vero Beach,FL,32967,USA By signing this Quotation and/or submitting a purchase order pursuant to this Quotation you acknowledge that you have read and agree to be bound by Communications Intl.Inc.'s Terms and Conditions of Sale Service and Technical Support. 63 ! RR/S HARRIS CORPORATION RF Communications 221 Jefferson Ridge Parkway Lynchburg,VA USA 24501 O p n phone 800 368-3277 C V http://www.ricomm.harns.com/publicsafetyl June 23,2015 Modification to EDACS FX Agreement This Modification authorizes the extension to the EDACS FX Agreement executed between Indian River County,FL,the Subscriber, and Harris Corporation (formerly M/A-Com, Inc.),the Seller,dated 10/31/97. This term of this extension shall begin on August 1,2015 and expire on July 31, 2016. EDACS Software FX Services-1Year SSSV1F $30,000.00 Subscriber agrees to an extension of the existing EDACS FX Services Agreement for a one(1)year term, based on the payment terms agreed to by Subscriber and Seller or its EDACS Reseller/EDACS Strategic Integrator. Upon expiration,the Subscriber may request and additional extension,which will be agreed upon by both parties at that time. The terms and conditions of the above mentioned Agreement remain in effect except as modified herein. I By: 1 :.. .� By: Rep esentative for arris i orporatio Representative for Indian River County Date: June 23, 2015 Date: APPROVED Attest: Jeffrey R. Smith, Clerk of Court and Comptroller � By: Deputy Clerk 4. � �� APPROVED AS TO FO 7od ministrator AND S F SY IT/ assuredcommurrications' 64 WILLIAM K DE$RAAL DEPUTY COUNTY ATTORNEY CONSENT AGENDA i czk , ' 4 INDIAN RIVER COUNTY, FLORIDA ` T jwq,' AGENDA ITEM * * 1, Assistant County Administrator/ Department of General Services To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator Thru: Michael C. Zito, Assistant County Administratot Date: June 26, 2015 Subject: Children Services Advisory Committee Funding Allocations for FY 2015-2016 BACKGROUND: On March 17, 2015, the Board of County Commissioners approved a total of $651,965 plus additional community matching funds up to $200,000 for fiscal year 2015-2016. The Budget Office is in receipt of a commitment from the United Way and verification of receipt of the matching funds of $200,000. Therefore, the total County budget allocation has increased to $851,965 in accordance with the action of the Board on March 17, 2015. The Children Services Advisory Committee (CSAC)received 24 program responses to RFP #2015031. The total amount of eligible funding requests made by the agencies applying is $1,610,091.80. The CSAC Grant review Committee met for two days, June 5 and 6, to determine a final recommendation for funding for the 2015-16 fiscal year. The Children's Service Advisory Committee again met on June 8, 2015 and voted to approve the attached funding recommendations which total $851,965 exclusive of the $200,000 matching funds to be allocated separately by the United Way. FUNDING: Account Description Account Number Budget Amount Children's Services—Outside Agencies 00112869-088*** $ 851,965.00 RECOMMENDATION: Staff recommends approval of the Children's Services Advisory Committee's funding recommendation for 2015-2016. ATTACHMENT: CSAC's Information summary Approved Agenda Item Indian River County Approved Date BY: faq 2 2L.. �q Administration ' 7 / 1 '� r h .�!► Joseph A. Baird County Attorney r% (� J County Administrator Budget 1S .2 Department G -105" FOR: July 7, 2015 Risk Management F:\Assistant County Administrator\AGENDA ITEMS\2015\BCC 07 JUL 2015\BCC Agenda Memo CSAC Funding Allocation 2015-2016.doc 65 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W000 0000000000000000 0 00 00000000 O C Q00 66 ui O O 60000000000 C (0 066 (0040 6 hi 0 o 00 00N 049069490000000 69 O O 0 0 00 M 49 69 O E 0)00 N- 000 O 0000000 O ON O OU) 0U) 0 tt NO r- ONN O OU) 00N (OO O O (- O O U) (- O _ M N _ M M M M N _ M E N '- V9 V9 N 0 CO _ N 0 .- U) V49 49 V9 69 09 49 49 V9 H 49 49 69 69 69 49 49 09 69 49 U) o 49 49 49 49 O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO O O 0 O N 0 0 0 0 0 O O 000 0000000000000000) O 00 00000000 O (0 4:O0 CUi o O 6OO6OCO666 r- O (00 C 6 ci pori O (0000 CD U) 00000000000 U) O O 000 0) O 0) O O) y ' O)OO h 00) - 00000000000 r O NO 000 V> 0 COI- O 0 3N0 Ui U) hON O O O O O Uj O U) N (000 O r 0 U) (6 ui NtUiNr O O_ U) N r 69 N M Q O 4C M h M M V9 'V N N (0 O M Q (O R N N 69 V9 V9 69� 69 69 69 NN 69 69 69 V9 V9 69 69 69 (9 49 . 49 V►V9 V9 69 69. 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S $ E c t E' Q c e m c °c' o co p o U � v) v, 9? L m ..eq �° U O c Q 2co co0U c� T0 °' 3 c 4) Q o '; cO L' v � YIIS ? a. Ev c (r) c c '- c a c = (o S y m 0 t o ad rr (° y $'o °' O• °' E LL ao. 2 H i > c E > $aa L �, E � 2 c ww31 Ew E more E m0 °Ui •' > O = c a cm-t m ac0.) co :0 (i (AUaa - 000v) t(n° (`�° = FJ- aa0 v = -Jma UC CC2CCW U c re t M c ` odU U E c c o to ct CCI omcocs c E . t ° O O m U N U ° LU o7 CO CC c;, N 0 TyyC7 N O 4) C U o mOQ a •H O U H EU2 = v a m 6 5 cmx -, d 0 EP ori 15 a J u) co o co :E :E co x > m U > > 0 .- 0 .0� ° O ao m 00 00 W w cox x o: co , ic9 __� ww o 1 66 Consent INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director Department of Emergency Se-1(e FROM: Etta LoPresti, Emergency Management Coordinator J9--, Department of Emergency Services DATE: June 16, 2015 SUBJECT: Approval of 2015/2016 State Funded Subgrant Agreement To Update Indian River County's Hazards Analysis The State of Florida provides funding for each county to conduct a hazards analysis as part of the overall Emergency Management preparedness mission. The hazards analysis identifies sites that may contain hazardous materials and the vulnerable areas near these facilities. This is part of the overall Emergency Management Hazardous Materials Plan. This year,the State of Florida is has provided an agreement that covers the scope of work for this project. The funding allocated by this agreement to Indian River County is $3,944.00. Completion of this analysis will allow accurate data when planning for response and recovery in Indian River County. FUNDING: This is a fixed fee,performance based Agreement and there is no requirement to match the allocation with county funds.Additionally,all work will be performed by county staff and there are no other associated costs. Budget Amount 00120825-035290-06807 $3,944.00 RECOMMENDATION: Staff recommends approval of this agreement and acceptance of the funding provided in the agreement. ATTACHMENTS: 1. Four(4)original contracts for Chairman's signature. 2. Budget office grant form. Indian River County Approved Date Grant Agreement on file in Board of County Commission Office Administrator 4 t N�5 APPROVED FOR AGENDA Legal , 1 : DL— Budget FOR: July 7, 2015 Risk Management , e V BY: & t r CIO n Department 11.1•- , `,r'•i Joseph . Baird, County Administrator 67 GRANT NAME: Hazardous Analysis Grant GRANT# 16-CP-11-XX-XX-XX-XXX AMOUNT OF GRANT:$ 3,944.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 772-226-3859 1. How long is the grant for? 1 year Starting Date: July 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 X No 4. Percentage of match N/A 0% 5. Grant match amount required$ N/A 6. Where are the matching funds coming from(i.e. In Kind Services;Reserve for Contingency)?N/A 7. Does the grant cover capital costs or start-up.costs? N/A Yes No If no,how much do you think will be needed in capital costs or start up costs (Attach a detail listing of costs) $N/A 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A 011.13 Other Salaries&Wages(PT) N/A 012.11 Social Security N/A 012.12 Retirement-Contributions N/A 012.13 Insurance-Life&Health N/A 012.14 Worker's Compensation N/A 012.17 S/Sec.Medicare Matching N/A TOTAL N/A 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years?$ Grant Other Match Costs Amount Not Covered Match Total First Year $3,944.00 $ N/A $ N/A $3,944.00 Second Year $N/A $ $ $N/A Third Year $ $ $ $ Fourth Year $ $ $ $ TY Fifth Year $ $ $ $ Signature of Preparer: q.. - Date: June 16,2015 68 . 'IP , )) , _,,,,„,,,,„\_„- " Sheriff Deryl Loar Indian River County ' ` ; � ' \4 4 r • June 17, 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 July 7, 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 July 7, 2015 BCC agenda. Indian River County Sheriffs Office is applying for the Community Oriented Policing Services (C.O.P.S.) Hiring Program Grant. This grant, if approved, will provide funds to hire five additional sworn patrol deputies. The total dollars earmarked for this grant is$895,423.30 ($625,000 federally funded and $270,423.30 local match over the three year grant period). 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, V Deryl Loar, Sheriff Indian River County DUamg Enclosure cc: file 4055 41s`Avenue, Vero Beach, Florida 32960 www.ircsheriff.org (772)569-6700 pal,, GRANT NAME: Community Oriented Policing Services(C.O.P.S.)Hiring Program GRANT# AMOUNT OF GRANT: $895,423.30 DEPARTMENT RECEIVING GRANT: Indian River County Sheriff's Office CONTACT PERSON: Amber Grier,Planner TELEPHONE: 772-978-6214 I. How long is the grant for? Three Years Starting Date: October 1,2015 2. Does the grant require you to fund this function after the grant is over? X Yes No 3. Does the grant require a match? X Yes No If yes,does the grant allow the match to be In-Kind services? Yes X No 4. Percentage of match to grant 30.2% 5. Grant match amount required V27(1,421 30 6. Where are the matching funds coming from(i.e.In-Kind Services;Reserve for Contingency)? General Revenue 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? X Yes 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 PLEASE SEE ATTACHED BUDGET WORKSHEET 011.13 Other Salaries&Wages(PT) FOR SALARY AND BENEFIT INFORMATION 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 PLEASE SEE ATTACHED BUDGET WORKSHEET FOR DETAILS 10. What is the estimated cost of the grant to the county over five years? $ 895,423.30 Grant Amount Other Match Costs Not Covered Match Total First Year $ 207,085.58 $ $ 83,831.22 $ 290,916.80 Second Year $ 290,164.00 $ $ 89,239.69 $ 298,403.69 Third Year $ 208,750.42 $ $ 97,352.39 $ 306.102.81 Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: .51 Date: June 10,2015 70 Full-Time Entry-Level Sworn Officer Base Salary Information Part 1: Instructions: Please Complete the questions below based on your agency's entry-level salary and benefits package for one locally-funded officer position.As applicable per the program-specific Application Guide,you may also be required to project Year 2 and Year 3 salaries. Sworn Officer Position A. Base Salary Information Year 1 Salary Year 2 Salary Year 3 Salary Enter the first Enter the second Enter the third year entry-level year entry-level year entry-level base salary for base salary for base salary for one sworn officer one sworn officer one sworn officer position. position. position. 38950.00 40119.50 41322.06 Please check this Please check this Please check this box if base salary box if base salary box if base salary includes vacation includes vacation includes vacation costs. costs. costs. Please check this Please check this Please check this box if the base box if the base box if the base salary includes sick salary includes sick salary includes sick leave costs. leave costs. leave costs, B. Fringe Benefit costs should be calculated for each year of the grant term. FRINGE BENEFITS: Year 1 Fringe Year 2 Fringe Year 3 Fringe Benefits Benefits Benefits COST %OF COST %OF COST "/o OF BASE SALARY BASE SALARY BASE SALARY Social security expenses cannot exceed 6.2% Exempt 1 6.2% Fixed Rate 12414.90 6.2 2487.41 6.2 2561.97 6.2 Medicare expenses cannot exceed 1.45% Exempt ✓ 1.45% Fixed Rate 564.78 1.45 1581.73 1.45 599.17 1.45 Health Insurance (Family Coverage) :310.00 21.34 :310.00 20.71 :310 00 20.11 Life Insurance 77.12 0.20 79.43 0.20 81.82 0.20 Vacation Number of Hours Annually: 196 3 3.00 1 17.00 1 0.00 Sick Leave Number of Hours Annually: 196 0 3.00 3 3.00 13 0.00 Retirement 17719.89 19.82 7951.49 19.82 1190 03 19.82 Worker's Compensation Exempt 16.27 10.04 16.76 3.04 17.26 0.04 Unemployment Insurance Exempt 130.40 0.33 134.32 0.33 138.35 0.33 Other Select One • 0 0.00 1 3.00 0 0.00 Other Select One • 0 3.00 3 0.00 0 0.00 Other Select One • o 0.00 1 0.00 0 0.00 Benefits Sub-Total Per Year (1 Position) 19233.36 19561.14 19898.60 C. Total Salary + Benefits Per Year (1 Position) 58183.36 59680.64 61220.66 D. Total Salary and Benefits for Years 1, 2, and 3 (1 Position): 179084.66 X 5 # of Positions 895423.30 SALARY DETAILS Part 2 :Sworn Officer Salary Information 1. If your agency's second and/or third-year costs for salaries and/or fringe benefits increase after the first year,check the reasons(s)why in the space below. If these costs do not increase,please select"Not Applicable". .' Cost of Living Adjustment(COLA) Step Raises Change in Benefit Costs 71 Not Applicable Part 3: Federal/Local Share Costs(for Hiring Grants) As part of the local matching requirement for the 2015 COPS Hiring Program,grantees must assume a progressively larger share of the cost of the grant with local funds over the three-year grant period.This means that your local match must increase each year,while the federal share must decrease. 895423.30 Total Salary and Benefits for year 1, 2, &3(all positions): 625000.00 Total Federal Share: 59.79938986678'Total Federal Percentage: 270423.30 Total local share required: 30.20061013321€Total Local Percentage: Please project in the chart below how your agency plans to assume a progressively larger share of the grant costs during each year of the program.The chart is only a projection of your plans;while your agency may deviate from these specific projections during the grant period, it must still ensure that the federal share decreases and the local share increases. For more details on local matching requirements for this program,please refer to http://www.cops.usdoj.gov/Default.asp?Item=46. Please use the Recalculate button below after any changes to the benefit table above before moving forward. 31 Percent of the"Total Local Share Required"your agency plans to assume in Year 1 33 Percent of the"Total Local Share Required"your agency plans to assume in Year 2 36 Percent of the"Total Local Share Required"your agency plans to assume in Year 3 100 Percent Total 207085.58 Federal Share Year 1 209164.00 Federal Share Year 2 208750.42 Federal Share Year 3 625000 Federal Total 83831.22 Local Share Year 1 89239.69 Local Share Year 2 97352.39 Local Share Year 3 270423.30 Local Total 895423.3 Recalculate S. BUDGET SUMMARY Instructions: Please review the category totals and the total project costs below. If the category totals and project amounts shown are correct, please continue with the submission of your application.Should you need to make revisions to a budget category, please return to the Budget Detail Worksheet. Section Budget Category Category Total A.Sworn Officer Positions $895423.30 B.Non-Sworn Personnel $0.00 C.Equipment&Technology $0.00 D.Supplies $0.00 E.Travel&Training $0.00 F.Contracts&Consultants $0.00 G.Other Costs $0.00 H.Indirect Costs $0.00 Total Project Amount: $895423.30 Total Federal Share Amount: $625000.00 69.799390% 72 (Total Project Amount X Federal Share Percentage Allowable) Total Local Share Amount(If applicable): (Total Project Amount-Total Federal Share Amount) $270423.30 30.200610% If your application is funded, but for a reduced number of officer positions,the percentage of the local share provided above will be applied to the total project cost of the awarded officers. Waiver of Local Match The COPS Office may waive some or all of a grantee's local match requirement based on severe fiscal distress. During the application review process,your agency's waiver request will be evaluated based on the availability of funding,a demonstration of severe fiscal distress as reflected through the fiscal health data in Section 7 of this application, and a comparison of your fiscal health data with that of the overall applicant pool. 01:Are you requesting a waiver of the local match based on severe fiscal distress? No • Contact Information for Budget Questions Please provide contact information of the financial official that the COPS Office may contact with questions related to your budget submission. First Name: Kelly Last Name: Goodwin Title: Comptroller Telephone Number: 772-978-6146 Fax: 772-569-8144 Email Address: kgoodwin@iresheriff SECTION 15A: ASSURANCES Several provisions of federal law and policy apply to all grant programs.The Office of Community Oriented Policing Services needs to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances,please contact your state's COPS Grant Program Specialist at 800-421-6770. By signing this form,the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular,the applicant assures us that: 1.It has been legally and officially authorized by the appropriate governing body(for example,mayor or city council)to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law,which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant.These restrictions are set forth in 5 U.S.C. § 1501,et seq. 3.It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards.if it has not done so already,to prohibit employees from using their positions for a purpose that is,or gives the appearance of being,motivated by a desire for private gain for themselves or others,particularly those with whom they have family,business or other ties. 5. It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6.It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant,including but not limited to:the requirements of 2 C.F.R. Part 200(Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards)as adopted by the Department of Justice in 2 C.F.R.§2800.101 ;48 C.F.R. Part 31 (FAR Part 31)(Contract Cost Principles and Procedures);the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended;28 C.F.R. §38.1;the applicable COPS Application Guide;the applicable COPS Grant Owner's Manuals;and with all other applicable program requirements,laws,orders, or regulations. 7.It will,to the extent practicable and consistent with applicable law,seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn 73 400 1N4 COPS Application FL129ZZ Indian River County Sheriff's Office COPS COMMUNITY ORIENTED POLICING SERVICES U.S.DEPARTMENT OF JUSTICE SECTION 1: COPS PROGRAM REQUEST Federal assistance is being requested under the following COPS program: Verify the COPS grant program for which you are requesting federal assistance.A separate application must be completed for each COPS program for which you are applying. Please ensure that you read, understand, and agree to comply with the 74 applicable grant terms and conditions as outlined in the COPS Application Guide before finalizing your selection. The program you have selected is: COPS Hiring Program SECTION 2: AGENCY ELIGIBILITY INFORMATION A.Type of Agency(select one) F Law Enforcement Non-Law Enforcement From the list below,please select the type of agency which best describes the applicant. Law Enforcement Entities Sheriff • 2A.CHP Eligibility Questions In this section,we will ask you several questions about your law enforcement agency operations and authority to determine your eligibility to apply for a COPS Hiring Program(CHP)grant. Please note that CHP applicants must have a police department which is operational as of June 19,2015,or receive services through a new or existing contract for law enforcement services. Applicants must also maintain primary law enforcement authority for the population to be served. Additionally,if funds under this program are to be used as part of a written contracting arrangement for law enforcement services (e.g.,a town which contracts with a neighboring sheriffs department to receive services),the government agency wishing to receive law enforcement services must be the legal applicant in this application(although we will ask you to supply some information about the contract service provider later). Part I.Law Enforcement Agency Operations A law enforcement agency is established and operational if the jurisdiction has passed authorizing legislation and it has a current operating budget. Q1) Is your agency established and currently operational? Yes •!. Part II.Contracting to Receive Law Enforcement Services Q1) If awarded,does your agency plan to use funds awarded under this grant to establish or supplement a written contract for law enforcement services(e.g.,a town contracting for services with a nearby sheriffs department)? No •: Part Ill.Law Enforcement Agency Authority An agency with primary law enforcement authority is defined as the first responder to calls for service for all types of criminal incidents within its jurisdiction.Agencies are not considered to have primary law enforcement authority if they only:respond to or investigate specific type(s)of crime(s);respond to or investigate crimes within a correctional institution;serve warrants;provide courthouse security;transport prisoners;and/or have cases referred to them for investigation or investigational support. Q1)Based on the definition above,does your agency have primary law enforcement authority?[Or, if contracting to receive services,does the agency that will be providing law enforcement services have primary law enforcement authority for the population to be served?] Yes 02) Is your agency the first responder to all types of criminal incidents within your jurisdiction? Yes • Q3)Agencies with jurisdiction limited only to correctional institutes and/or courthouse settings are not eligible under this program. Is your agency the first responder to citizen-initiated calls for service outside of a correctional institute and/or courthouse setting? Yes • SECTION 3: GENERAL AGENCY INFORMATION A.Applicant ORI Number FL128ZZ The OR!number is assigned by the FBI and is your agency's unique identifier. The COPS Office uses the first seven characters of this number. The first two letters are your state abbreviation, the next three numbers are your county's code, and the next two numbers identify your jurisdiction within your county. If you do not currently have an OR!number, the COPS Office will assign one to your agency for the purpose of tracking your grant. OR!numbers assigned to agencies by the COPS Office may end in"ZZ." B.Applicant Data Universal Numbering System(DUNS)Number: 039894332 A Data Universal Numbering System(DUNS)number is required prior to submitting this application.A DUNS number is a unique nine or thirteen digit sequence recognized as the universal standard for identifying and keeping track of entities receiving federal funds. For more information about how to obtain a DUNS number,please refer to the"How to Apply"section of the COPS Application Guide. 75 C.System for Award Management(SAM) The System for Award Management(SAM)replaces the Central Contractor Registration(CCR)database as the repository for standard information about federal financial assistance applicants, recipients, and sub-recipients. DOJ requires that all applicants (other than individuals)for federal financial assistance maintain current registrations in the SAM database. Please note that applicants must update or renew their SAM registration at least once a year to maintain active status. Applicants that were previously registered in the CCR database must, at a minimum: Create a SAM account Log into SAM and migrate permissions to the SAM account(all the entity registrations and records should already have been migrated). Applicants that were not previously registered in the CCR database must register in SAM prior to registering in Grants.gov. Information about SAM Registration procedures can be accessed at http.//www.sam.gov. For more information about how to register with SAM,please refer to the"How to Apply"section of the COPS Application Guide. Your SAM Registration is set to expire on: 04/19/2016 Please enter date in MM/DD/YYYY format. Note:If your SAM registration is set to expire prior to September 30, 2015,please renew your SAM Registration prior to completing this application. Contact the SAM Service Desk at 866-606-8220 or view/update your registration information at http://www.sam.gov D.Geographic Names Information System(GNIS)ID: 2331506 Please enter your Geographic Names Information System(GNIS) Identification Number. This is a unique ID assigned to all geographic entities by the U.S. Geological Survey. To look up your GNIS Feature ID,please go to the website: http://geonames.usgs.gov/domestic./index.html. For more information about how to obtain a GNIS number,please refer to the "How to Apply"section of the COPS Application Guide. E.Cognizant Federal Agency: Department of Justice • Select the legal applicant's Cognizant Federal Agency.A Cognizant Federal Agency, generally, is the federal agency from which your jurisdiction receives the most federal funding. Your Cognizant Federal Agency also may have been previously designated by the Office of Management and Budget.Applicants that have never received federal funding should select the"Department of Justice"as the Cognizant Federal Agency. F.Fiscal Year: From 10/01/2015 to 09/30/2016 Please enter date in MM/DD/YYYY format. G. Law Enforcement Agency Sworn Force Information 1.Enter the Fiscal Year Budgeted Sworn Force Strength for the current fiscal year below.The budgeted number of sworn officer positions is the number of sworn positions funded in your agency's budget,including funded but frozen positions,as well as state, Bureau of Indian Affairs, and/or locally funded vacancies. Do not include unfunded vacancies or unpaid/reserve officers. a.Number of officers funded in agency's current fiscal year budget: Full-Time: 309 Part-Time: 0 H.Civilian Staffing 1.Enter the number of civilian positions funded in agency's current fiscal year budget: a.Number of civilian positions funded in agency's current fiscal year budget: Full-Time: 177 Part-Time: 11 I.U.S.Department of Justice and Other Federal Funding Applicants are required to disclose whether they have pending applications for federally funded assistance or active federal grants that support the same or similar activities or services for which grant funding is being requested under this application. Be advised that as a general rule COPS grant funding may not be used for the same item or service funded through another funding source. However,leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate.To aid the COPS Office in the prevention of awarding potentially duplicative funding,please indicate whether your agency has a pending application and/or an active grant with any other federal funding source(e.g.direct federal funding or indirect federal funding through State sub-awarded federal funds)which supports the same or similar activities or services as being proposed in this COPS application.(check all that apply): Bureau of Justice Assistance(BJA) 76 Pending Application Active Grant Office of Justice Programs(OJP) Pending Application Active Grant Office of Juvenile Justice and Delinquency Prevention(OJJDP) Pending Application Active Grant Office on Violence Against Women(OVW) Pending Application Active Grant National Institute of Justice(N IJ) Pending Application Active Grant Office for Victims of Crime(OVC) Pending Application Active Grant Other Department of Justice Funding Pending Application Active Grant Other Federal or State Sub-awarded Funding Pending Application Active Grant ' No Federal or State Sub-awarded Funding SECTION 4: EXECUTIVE INFORMATION Note:Listing individuals without ultimate programmatic and financial authority for the grant could delay the review of your application, or remove your application from consideration. A.Law Enforcement Executive/Agency Executive Information: For Law Enforcement Agencies: This is the highest ranking law enforcement official within your jurisdiction(e.g., Chief of Police, Sheriff, or equivalent). The section below has been pre-populated from the information listed in your COPS Office Agency Portal Account. If this information is no longer correct,please log in to your COPS Office Agency Portal account and make the necessary corrections before proceeding with this application. For assistance,please call the COPS Office Response Center at 800-421- 6770. For Non-Law Enforcement Agencies: This is the highest ranking individual in the applicant agency(e.g., CEO, President, Chairperson, Director, etc.) who has the authority to apply for this grant on behaff of the applicant agency. If the grant is awarded, this position would ultimately be responsible for the programmatic implementation of the award. The section below has been pre- populated from the information listed in your COPS Office Agency Portal Account. If this information is no longer correct,please log in to your COPS Office Agency Portal account and make the necessary corrections before proceeding with this application. For assistance,please call the COPS Office Response Center at 800-421-6770. Title:Sheriff First Name: Deryl MI: Last Name: Loar Suffix: Agency Name: Indian River County Sheriffs Office Streetl:4055 41st Ave Street2: City:Vero Beach State: FL Zip/Postal Code:32960 Telephone Number:772-978-6404 Fax:772-569-8144 Email: dloar@iresheriff.org Edit Contact Information If your agency previously indicated in Section 2, that if awarded, this grant would be used in a written contracting arrangement to receive law enforcement services(e.g., a town which is contracting with a neighboring sheriff's department to receive services), then question 4A, should display the executive information for the agency which will be providing the law enforcement services under this grant(e.g., Sheriff). Question 4B should display the executive information for the government agency which will be receiving the law enforcement services under this grant(i.e., Mayor, City Manager, etc.). Before proceeding with this application, 77 we ask that you please log onto the COPS Office Agency Portal to update the agency providing law enforcement services as your Law Enforcement Executive/Agency Executive Information. This information will be used to populate Section 4 of this application; so please ensure its accuracy. B.Government Executive/Financial Official Information: For Government Agencies: This is the highest ranking government official within your jurisdiction(e.g., Mayor, City Administrator. or equivalent). The section below has been pre-populated from the information listed in your COPS Office Agency Portal Account. if this information is no longer correct,please log in to your COPS Office Agency Portal account and make the necessary corrections before proceeding with this application. For assistance,please call the COPS Office Response Center at 800-421- 6770. For Non-Government Agencies: This is the financial official who has the authority to apply for this grant on behalf of the applicant agency(e.g., CFO, Treasurer, etc.). If the grant is awarded, this position would ultimately be responsible for the financial management of the award. Please note that information for non-executive positions(e.g., clerks, trustees, etc.)is not acceptable. The section below has been pre-populated from the information listed in your COPS Office Agency Portal Account. if this information is no longer correct,please log in to your COPS Office Agency Portal account and make the necessary corrections before proceeding with this application. For assistance,please call the COPS Office Response Center at 800-421-6770. Title:CFO First Name: Kelly MI:Last Name:Goodwin Suffix: Agency Name: Indian River County Sheriff's Office Streetl:4055 41st Ave Street2: City:Vero Beach State: FL Zip i Postal Code:32960 Telephone Number:772-978-6146 Fax: 772-569-8144 Email: kgoodwin@iresheriff.org Edit Contact Information C.Application Contact Information: Application Contact:Enter the application contact's name and contact information. Agency Name: Indian River County Sheriffs Office City: Vero Beach Email: agrier@iresheriff.org Fax: 772-567-9755 First Name: Amber Last Name: Grier MI: State: FL • Streetl: 4055 41st Ave JueetL. I - Suffix:;Select One... • Telephone Number: 772-978-6214 Title: Planner/Grant Manac Zip/Postal Code: 32960 SECTION 5A: COPS HIRING PROGRAM OFFICER REQUEST Part I Enter the Fiscal Year Actual Sworn Force Strength as of the date of this application.The actual number of sworn officer positions is the actual number of sworn positions employed by your agency as of the date of this application. Do not include funded but currently vacant positions or unpaid positions. Number of officers employed by your agency as of the date of this application: Full-Time: 293 Part-Time: 0 What is the actual population your department serves as the primary law enforcement entity? 96296 This may or may not be the same as your census population. For example, a service population may be the census population minus incorporated towns and cities that have their own police department within your geographic boundaries or estimates of ridership(e.g., transit police)or visitors(e.g.,park police).An agency with primary law enforcement authority is defined as having first responder responsibility to calls for service for all types of criminal incidents within its jurisdiction. For FY 2015 COPS Hiring Program(CHP)applicants are eligible to apply for the number of officers equal to 5%of their actual sworn force strength up to a maximum of 25 officers.Agencies with a sworn force of twenty or fewer officers may apply for one (1) officer position.Agencies with a service population of 1 million or above may apply for up to 25 officer positions;however, agencies with a service population less than 1 million may apply for up to 15 officer positions. FY 2015 CHP grant funds cover 75 percent of the approved entry-level salary and fringe benefits of each newly-hired and/or rehired,full-time sworn career law enforcement officer for three years(36 months)up to$125,000 per officer position.CHP grant funding will be based on your agency's current entry-level salaries and fringe benefits for full-time sworn officers. 78 If your agency requests officers to be deployed as School Resource Officers(SRO),ALL OF THE OFFICER POSITIONS REQUESTED BELOW MUST BE USED TO DEPLOY FULL-TIME SCHOOL RESOURCE OFFICERS.Applicants in this focus area are encouraged to refer to Recommendation 4.6 in the Interim Report of the President's Task Force on 21st Century Policing for suggested actions to incorporate into your proposed community policing strategy. [http://cops.usdoj.gov/pdf/taskforce/Interim_TF_Report.pdf)Do not request more officer positions than your agency can expect to deploy in this capacity.A"school resource officer"is a career law enforcement officer,with sworn authority,who is engaged in community policing activities and is assigned by the employing agency to work in collaboration with schools. If awarded a grant for SRO position(s), please note that the COPS Office requires that the officer(s)deployed into the SRO position(s)spend a minimum of 75 percent of their time in and around primary and secondary schools working on school and youth-related activities.The placement of law enforcement officers in school carries a risk of contributing to a"school-to-prison pipeline"process where students are arrested or cited for minor, non-violent behavioral violations and then diverted to the juvenile court system. This pipeline wastes community resources and can lead to academic failure and greater recidivism rates for these students. If awarded,the grantee will agree that any officers deployed while implementing School-based Policing under the COPS Hiring grant cannot be involved in the administrative discipline of the students. There must be an increase in the level of community policing activities performed in and around primary or secondary schools in the agency's jurisdiction as a result of the grant.The time commitment of the funded officers must be above and beyond the amount of time that the agency devoted to the schools before receiving the grant.Grantees using CHP funding to hire and/or deploy School Resource Officers into schools agree that a signed Memorandum of Understanding(MOU) between the law enforcement agency and the school partner(s)must be submitted to the COPS Office before obligating or drawing down funds under this award.An MOU is not required at time of application;however, if the law enforcement agency already has an MOU in place that is applicable to the partnership,the MOU can be submitted as an attachment in Section 13 of the grant application.The MOU must contain the following;the purpose of the MOU, clearly defined roles and responsibilities of the school district and the law enforcement agency;focusing officers'roles on safety, information sharing,supervision responsibility and chain of command for the SRO and signatures. If awarded,grantee will agree that the MOU must be submitted and accepted by the COPS Office 90 days from the award start date which is located on the Award Document.The implementation of the COPS Hiring Grant without submission and acceptance of the required MOU within the 90 day timeframe may result in expenditures not being reimbursed by the COPS Office and/or award de-obligation. In addition,in Section 6B,you must select"School Based Policing through School Resource Officers"under"Child and Youth Safety Focus"as your focus area. Is your agency requesting that all of these officer positions be deployed as School Resource Officers(SROs)? No V) Based on the information provided in this application: Your agency is eligible to apply for up to the number of officer position(s)shown below. 15 How many entry-level,full-time officer positions is your agency requesting in this application? 5 IMPORTANT: If you later return to this section of the application and change the above number of officers you are requesting,you must then go to Section 14A, Part 1 to allow the application to recalculate your budget figures.You will also need to adjust your projection of your Federal/Local share costs in the chart located in Section 14A, Part 3. Failure to do this will cause a conflict in your budget submission. Next,your agency must allocate the number of positions requested under each of the three hiring categories described below based on your agency's current needs at the time of this application. Please be mindful of the initial three-year grant period,and your agency's ability to fill and retain the officer positions awarded,while following your agency's established hiring policies and procedures.CHP grant awards will be made for officer positions requested in each of the three hiring categories,and grantees are required to use awarded funds for the specific categories awarded. It is imperative that your agency understand that the COPS statutory nonsupplanting requirement mandates that grant funds may only be used to supplement(increase)a grantee's law enforcement budget for sworn officer positions and may not supplant (replace)state,local,or tribal funds that a grantee otherwise would have spent on officer positions if it had not received a grant award.This means that if your agency plans to: (a)Hire new officer positions(including filling existing vacancies that are no longer funded in your agency's budget): It must hire these new additional positions on or after the official grant award start date, above its current budgeted(funded)level of sworn officer positions,and otherwise comply with the nonsupplanting requirement as described in detail in the Grant Owner's Manual. (b) Rehire officers who have been laid off by any jurisdiction as a result of state,local,or tribal budget cuts: It must rehire the officers on or after the official grant award start date,maintain documentation showing the date(s)that the positions were laid off and rehired,and otherwise comply with the nonsupplanting requirement as described in detail in the Grant Owner's Manual. (c) Rehire officers who are(at the time of application)currently scheduled to be laid off(by your jurisdiction)on a specific future date as a result of state,local,or tribal budget cuts: It must continue to fund the officers with its own funds from the grant award start date until the date of the scheduled lay-off(for example, if the CHP award start date is September 1 and the lay-offs are scheduled for November 1,then the CHP funds may not be used to fund the officers until November 1,the date of the scheduled lay-off);identify the number and date(s)of the scheduled lay-off(s)in this application(see below);maintain documentation showing the date(s)and reason(s)for the lay-off; and otherwise comply with the nonsupplanting requirement as described in detail in the Grant Owner's Manual.[Please note that as long as your agency can document the date that the lay-off(s)would 79 occur if CHP funds were not available,it may transfer the officers to the CHP funding on or immediately after the date of the lay- off without formally completing the administrative steps associated with a lay-off for each individual officer.] Documentation that may be used to prove that scheduled lay-offs are occurring for local economic reasons that are unrelated to the availability of CHP grant funds may include(but are not limited to)council or departmental meeting minutes, memoranda, notices,or orders discussing the lay-offs; notices provided to the individual officers regarding the date(s)of the lay-offs;and/or budget documents ordering departmental and/or jurisdiction-wide budget cuts. These records must be maintained with your agency's CHP grant records during the grant period and for three years following the official closeout of the CHP grant in the event of an audit,monitoring,or other evaluation of your grant compliance. If your agency's request is funded,your agency will have the opportunity after the award announcement to request a grant modification to move awarded funding into the category or categories that meet your agency's law enforcement needs at that time (including updating the dates of future scheduled lay-offs). If you need additional information regarding requesting a modification, please contact the COPS Office Response Center at 1- 800-421-6770. Category A: New,additional officer positions(including filling existing vacancies no longer funded in your agency's budget). Category A Request: 5 Category B: Rehire officers laid off(from any jurisdiction)as a result of state or local budget reductions. Category B Request: 0 Category C: Rehire officers scheduled to be laid off(at the time of the application) on a specific future date as a result of state or local budget reductions. We also need some information about when the layoff of officers in this category is scheduled to occur. In the space below,please indicate when the officer(s)specified in this category are scheduled to be laid off. To enter your information,click"Add a New Officer Layoff.To save your submission,click"Save"before moving to the next section.I Number of Officers [Date these officers are scheduled to be laid off�i Action, Add a New Officer Layoff Total Category C Request:0 Part 3 As noted previously,the number of officers an applicant can request under the COPS Hiring Program in 2015 is capped. However,the COPS Office is interested in learning more about the overall need for officer positions within your department. Therefore, if no officer caps were in place,what is the total number of officers that your agency would be requesting in this application? Hire 5 Re-Hires 0 Lay Off 0 Part 4 1.Under the 2015 COPS Hiring Program,applicants are not required to hire post-September 11,2001 military veterans as new hires.However,the COPS Office supports the Attorney General's commitment to hiring military veterans whenever possible. Please note that if your agency checks"yes"to the question below,your agency will be required to maintain documentation that it made every effort possible(consistent with your internal procedures and policies)to hire at least one military veteran. Does your agency commit to hire and/or rehire at least one post-September 11,2001 military veteran(as defined in the Application Guide)for the officer position(s)you have requested? Yes No If yes.how many officer position(s)from your total 2015 CHP request does your agency anticipate filling with post-September 11, 2001 military veterans? 1 SECTION 6B: LAW ENFORCEMENT & COMMUNITY POLICING 80 STRATEGY Community Policing Strategy COPS Office grants must be used to reorient the mission and activities of law enforcement agencies through initiating community policing or enhancing their involvement in community policing with the officers hired under this grant program,or an equal number of veteran officers who have been redeployed to implement this plan after hiring the entry-level COPS-funded officers. If awarded funds,your responses to sections II(a)and II(b)that follow will constitute your agency's community policing strategy under this grant.Your organization may be audited or monitored to ensure that it is initiating or enhancing community policing in accordance with this strategy. The COPS Office may also use this information to understand the needs of the field,and potentially provide for training,technical assistance, problem solving and community policing implementation tools. Please note that the COPS Office recognizes that your COPS-funded officer(s)(or an equal number of veteran officers who are redeployed after hiring the entry- level COPS-funded officers)will engage in a variety of community policing activities and strategies, including participating in some or all aspects of your identified community policing strategy.Your community-policing strategy may be influenced and impacted by others within and outside of your organization;this is considered beneficial to your community policing efforts. At any time during your grant.you should be prepared to demonstrate(11 the community policing activities engaged in prior to the grant award that are detailed in section I of this application and 12)how the grant funds and grant-funded officers(or an equal number of redeployed veteran officers)were specifically usi ed to enhance(increase)or initiate community policing activities according to your community policing strategy contained in sections_ll la)and II(b)of this application. Finally,we also understand that your community^^".:,,,ng needs may change during the life of your grant.Minor changes to this strategy may be made without prior approval of the COPS Office; however,grantees will be required to report on progress and/or changes to the community policing strategy(if any)through required progress reports.If your agency's community policing strategy changes significantly,you must submit those changes to the COPS Office for approval.Changes are"significant"if they deviate from the specific crime problems(s)originally identified and approved in the community policing strategy submitted with the application.In some cases,changes to the approved community policing approaches may also be deemed significant and may require approval of a modified community policing strategy by the COPS Office,depending on the scope and nature of those changes as identified in the quarterly progress reports. The following is the COPS Office definition of community policing that emphasizes the primary components of community partnerships,organizational transformation,and problem solving.Please refer to the COPS Office web site (http://www.cops.usdoj.gov)for further information regarding this definition. Community policing is a philosophy that promotes organizational strategies, which support the systematic use of partnerships and ^h1,.,. - te,nroa'- '"ly address the immediate conditions that give rise to public safety issues, such as crime, social disorder, and fP Ir of crime. The COPS Office has completed the development of a comprehensive community policing self-assessment tool for use by law enforcement agencies.Based on this work,we have developed the following list of primary sub-elements of community policing. Please refer to the COPS Office web site(http://www.cops.usdoj.gov)for further information regarding these sub-elements. Community Partnerships: Collaborative partnerships between the law enforcement agency and the individuals and organizations they serve to both develop solutions to problems and increase trust in police. Other Government Agencies Community Members/Groups Non-Profits/Service Providers Private Businesses Media Organizational Transformation: The alignment of organizational management,structure, personnel and information systems to support community partnerships and proactive problem-solving efforts. Agency Management Climate and culture Leadership • Labor relations Decision-making Strategic planning Policies Organizational evaluations Transparency 81 Organizational Structure Geographic assignment of officers Despecialization Resources and finances Personnel Recruitment, hiring and selection Personnel supervision/evaluations Training Information Systems(Technology) Communication/access to data Quality and accuracy of data Problem Solving: The process of engaging in the proactive and systematic examination of identified problems to develop effective responses that are rigorously evaluated. Scanning: Identifying and prioritizing problems Analysis:Analyzing problems Response: Responding to problems Assessment:Assessing problem-solving initiatives Using the Crime Triangle to focus on immediate conditions(Victim/Offender/Location) I.Current Organizational Commitment to Community Policing 1)For each of the following statements,please answer in terms of existing agency policies and practices as they relate to collaborative partnerships and problem solving activities.Please check all that apply. ACTIVITY I Community Problem Solving Partnerships Q1a The agency mission statement.vision,and/or goals includes references to: Q1 b.The agency strategic plan includes specific goals I • and/or objectives relating to: Q1c.The agency recruitment,selection and hiring l processes include elements relating to: Old.Annual line officers evaluations assess performance I + in: Q1e.Line officers receive regular(at least once every two years)training in: 2)Which of the following internal management practices does your agency currently employ?Please check all that apply. Assignment of officers to specific neighborhoods or areas for longer periods of time to enhance customer service and facilitate more contact between police and citizens • Assignment of officers to geographic hot spots that are defined statistically by creating incident maps to identify geographic clustering of crime and disorder In-service training for officers on basic and advanced community policing principles • Early Intervention Systems that help identify officers who may be showing signs of stress,personal problem,and questionable work conduct • Alternatives to formal disciplinary practices that encourage ethical behavior None of the above 3)Which of the following do you count/measure to annually assess your agency's overall performance?Please check all that apply. • Response times • Reported crimes • Reported incidents Arrests and citations Problem solving outcomes Department employee satisfaction g; Clearance rates • • Complaints of officer behavior Reduction of crime in identified hot spots • Repeat calls for service Social disorder/nuisance problems(e.g.graffiti, panhandling, loitering,etc.) • Satisfaction with police services ✓ Fear of crime Victimization(i.e.non-reported crime) Community meetings held/attended • Use of force incidents • Meeting the priorities as identified in your agency strategic plan My agency does not conduct annual assessments of overall performance 4)Through which of the following does your agency routinely share information with community members?Please check all that apply. • Neighborhood, beat,and/or school meetings Local media outlets • Agency newsletter Neighborhood newsletters • Agency website s Social networking(Blogs,Twitter feeds,Facebook pages,etc.) Citizen alert system(telephone,email,text,etc.) Citizen alert system that is geographically targeted, based on updated hot spots + Public access television/radio • Community organization board membership • Public forums with Chief/Sheriff/Command staff Posters,billboards,flyers None of the above 5)Through which of the following ways does your agency formally involve community members in influencing agency practices and operations?Please check all that apply. s Citizen police academies a' Volunteer activities • Auxiliary police programs Civilian review boards(e.g.disciplinary review boards) Citizen advisory groups(i.e. informal advisory function) Involvement in hiring decisions(i.e.interview panels,selection boards,etc.) Involvement in contributing to annual line officer performance reviews Representation on promotional boards Participation in accountability and performance reporting and tracking meetings Participation in complaint resolution process(i.e.formal mediation,disciplinary boards,etc.) None of the above II(a)Proposed Community Policing Strategy: Problem Solving and Partnerships COPS grants must be used to initiate or enhance community policing activities with either the newly-hired officers funded by this grant program,or an equivalent number of veteran officers who are redeployed to implement this community policing strategy after hiring the additional entry-level officers with COPS grant funds. In this section you will be asked to identify the crime and disorder problem/focus area and the partners to be engaged through your requested COPS funding. Identifying the specific problem/focus area and partnerships that your agency plans to focus on is important to ensure that you satisfy the requirements for COPS funding under this program and to ensure that ultimately the additional grant-funded officers(or equivalent number of redeployed veteran officers)will initiate or enhance your agency's capacity to implement community policing strategies and approaches. 6)Using the following list,select a problem/focus area that will be addressed by the officers requested in this application. Please choose the option that best fits your problem.You may select one problem/focus area to address through this grant funding. When identifying a problem, it is important to think about the nature of similar incidents that taken together comprise the problem, and accordingly describe it in precise,specific terms(e.g. "burglary of retail establishments",rather than just"burglary"). In doing this,it can be helpful to consider all aspects of the problem, including the likely offenders,the suitable targets/victims,and how 83 these come together in time and space. Child and Youth Safety Focus Child Sexual Predators and Internet Safety Children Exposed to Violence Youth Crime and Delinquency Child and Youth Safety Focus School Based Policing through School Resource Officers By selecting this focus area,your agency is committing that if awarded, all officer positions requested in this application(or an equivalent number of redeployed veteran officers)will be used to deploy School Resource officers and address problems in and around primary and secondary schools. Please specify the areas the School Resource Officer(s)would address(check all that apply): Address crime problems,gangs, and drug activities affecting or occurring in or around an elementary or secondary school; Develop or expand crime prevention efforts for students; Educate youth in crime prevention and safety; Develop or expand community justice initiatives for students; Train students in conflict resolution, restorative justice,and crime awareness; Assist in the identification of physical changes in the environment that may reduce crime in or around the school; Assist in developing school policy that addresses crime and to recommend procedural changes to enhance school safety. Other Area (Please Specify Other Area) Other Child and Youth Safety Focus(please specify) Drug Related Problems ^� n plant rfacturing/Trafficking Drug Dealing Drug Abuse Other Drug Related Problem(please specify) Homeland Security Problems Protecting Critical Infrastructure Problems Information or Intelligence Problems Other Homeland Security Problem(please specify) Non-Violent Crime Problems Burglary Fraud Larceny/Theft(Non-Motor Vehicle) Motor Vehicle Theft/Theft from Motor Vehicle Vandalism Social Disorder Quality of Life Problem Prostitution Other Non-Violent Crime Problem(please specify) Building Trust Applicants selecting any of the following Building Trust Focus Areas are encouraged to refer to the Interim Report of the President's Task Force on 21st Century Policing for suggested actions to incorporate into your 84 proposed community policing strategy.[http://cops.usdoj.gov/pdf/taskforce/Interim_TF_Report.pdf) Impartial Policing Transparency Fairness and Respect Community Engagement Diversifying Police Departments Other Building Trust Focus(please specify) Traffic/Pedestrian Safety Problems Traffic Congestion Pedestrian Safety Driver Safety Traffic Accidents Other Traffic/Pedestrian Safety Problem(please specify) Violent Crime Problems Assault Homicide Rape Robbery Domestic/Family Violence ✓ Gun Violence If Selected: Please specify your gun violence problem:for example,gun violence by juvenile gang members,drug related gun violence,etc. Gun violence as the result of aggravated assaults and thefts Please also include the number of aggravated assaults with a firearm in your jurisdiction during the last calendar year: 64 Other Violent Crime Problem(please specify) 6a)Briefly describe the problem/focus area that you will address with these grant funds and your approach to the problem.[4,000 characters or less] 85 Indian River County Sheriff's Office- Major Crime Team Indian River County, Florida is located on the eastern seaboard of Florida and represents 543 square miles of total land mass. Since 1980, Indian River County has experienced tremendous growth in population. From a population of approximately 59,896 residents in 1980, Indian River County has more than doubled the total number of residents. According to the Indian River County Chamber of Commerce, the county's estimated population in 2014 was 144,955 residents. The Florida Research & Economic Database estimates that during the tourist season, the population increases to well over 190,000 citizens. In 2005, the Indian River County Sheriff's Office (IRCSO) developed the Selective Enforcement Team (S.E.T.), whose primary responsibility was to target specific crime disorders within the unincorporated areas of Indian River County. S.E.T. was comprised of two sworn law enforcement deputies and a sergeant. This team tracked and documented all gang activity; assisted the Criminal Investigations Section with homicides, robberies, and large drug organizations; and were assigned to specific investigations as the result of crime analysis. In 2009, IRCSO was forced to eliminate the entire S.E.T. component in response to the nationwide economic downturn and mandatory budget cuts imposed throughout the entire county. The team was reallocated to fill patrol positions to offset hiring freezes and ensure adequate law enforcement coverage was provided to the residents of Indian River County. On December 31, 2009, IRCSO had a workforce of 485 employees. On December 31, 2014, the agency employed 456 employees: 297 sworn and 159 civilian, resulting in a 6% decrease in personnel. Within the same timeframe, IRCSO experienced a significant increase in the total number of calls for service, including gun related crimes within the county, from 149,721 to 211,133. This represents a 29.09% increase. In 2014, the following crimes involving a firearm were committed in unincorporated Indian River County: 4 homicides - 200% increase from 2013; 19 armed robberies - 11% increase from 2013; 64 aggravated assaults. Additionally, between 2013 and 2014 UCR Part I offenses increased from 2,225 to 2,281 resulting in a 2.5 % index change. Additionally, 41 firearms were stolen representing a 58% increase. Currently, all major crimes that occur within the Sheriff's Office jurisdiction are investigated by the Criminal Investigations Section which consists of thirteen detectives that average approximately 8 felony cases per month. All misdemeanor cases are investigated by road patrol deputies that respond to the call for service. This application seeks to secure funding dedicated to the development of a Major Crime Team consisting of five community-policing deputies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate threat of increasing gun violence, burglaries/thefts in which guns are stolen, and aggravated assaults involving firearms in Indian River County. 6b)Will the problem/focus area described above be addressed with an explicit place-based strategy(e.g. hot-spot policing)that targets specific addresses or locations with a disproportionate share of crime or disorder? } Yes No 6c)Which of the following activities will your agency and officers hired under this grant(or an equivalent number of redeployed veteran officers)engage in as it pertains to your identified crime hot spot?(please check all that apply): - Enhance enforcement efforts(sweeps or increased patrol) Targeted community alerts ' Prevention efforts directed at high-risk victims • Prevention efforts directed at high-risk offenders • On-going identification of crime concentrations by qualified analysts ▪ Formal evaluations of the effectiveness of interventions(e.g. using pre/post-test and/or comparison groups) None of the above 7)Which of the following information sources did you use to prioritize this problem/focus area as a problem/focus area to address through this grant program(please check all that apply): • Police department data(e.g. police reports,calls for service, crime data,citizen complaints) s Agency personnel(e.g. officer feedback,command staff priorities) Other local non law enforcement government agency data • Community based organizations(e.g.faith based, non-profits, social service providers) 86 Local businesses 0 Individual community members/community meetings Community survey Local government officials The media None of the above 8)If awarded funds, my agency will improve our understanding of this problem/focus area by examining(please check all that apply): • Routinely collected law enforcement data/information related to the problem(e.g. arrest, incident reports, calls for service) f The location and/or time aspects of the problem/focus area(e.g. mapping) The conditions and environmental factors related to the problem/focus area • The strengths and limitations of current responses to the problem/focus area f Non-law enforcement data/information related to the problem/focus area(e.g. insurance crash data, other government agency data, census data,survey data) • Existing research and best practices related to the problem/focus area • Data/information from the community related to the problem/focus area(e.g. resident associations, business groups, non-profit community service organizations) • Information about offenders contributing to the problem/focus area(e.g offender interview; arrest records) f Information about victims affected by the problem/focus area(e.g. crime reports,victim interviews) f Strengths and weaknesses of previous responses to the problem/focus area None of the above 9) If awarded funds my agency will use the following information sources to assess our response to this problem/focus area to determine whether the response was implemented and achieved the desired outcomes(please check all that apply): + Routinely collected law enforcement data/information related to the problem/focus area(e.g.arrests, incident reports,calls for service) •+ Data/information regarding whether the response was implemented as planned data col"'—eu;oi ,hiem/fora area(e.g.problem-specific surveys,field interview contact cards,etc.) • Non poli:- Jata/information related to the problem/focus area(e.g. insurance crash data,other government agency data,census data, survey data) • Data/information from the community related to the problem/focus area(e.g.resident associations, business groups,non-profit community service organizations) • Information about offenders contributing to the problem/focus area(e.g. offender interview, arrest records,probation/parole data) • Information about victims and/or stake holders affected by the problem/focus area(e.g. crime reports,victim interviews) None of the above 10)To the best of your ability at this time, please select from the below list what your primary goals are in responding to your selected problem/focus area(please select up to 3): Eliminating the problem/focus area Reducing the number of incidents Increasing public trust in your agency { Reducing the seriousness of the incidents or the amount of harm • Reducing the number of victims and/or repeat victims Reducing the number of offenders and/or repeat offenders Moving the problem/focus area to another area Getting other agencies and/or stake holders to assume responsibility for the problem/focus area • Improving the response to the problem/focus area(i.e.,more comprehensive and coordinated way of dealing with the problem/focus area, providing better services to victims,or greater efficiency in dealing with the problem/focus area) Improving citizen perceptions of the problem/focus area Increasing the number of arrests/citations Reducing the number of calls for service None of the above 11)An important part of a comprehensive community policing strategy is the formation of partnerships,such as working with other public agencies, private organizations,or participation in regional law enforcement partnerships. If awarded funds,will your agency and the grant funded officers(or an equivalent number of redeployed veteran officers)initiate or enhance a partnership with an external group/organization to develop responses to this problem/focus area? 87 Yes No 11a)If awarded funds, how many external groups/organizations will your agency initiate or enhance a partnership with to develop responses to this problem/focus area? 5 11b) Name the most important external groups/organizations that your agency will initiate or enhance a partnership with to develop responses to this problem/focus area(maximum of three partners). Note:you may attach optional letters of this support from any or all of these prospective partners in Section 13 of the application.You will be limited to listing no more than three partners per public safety problem/focus area. 1 1c)For this partner, please indicate the statement that best characterizes this partner: Local goverment agencies(non-law enforcment,e.g. probation/parole,parks and recreation, code enforcement,etc.) " Community based organiztions(e.g.faith based,community redevelopment groups,social service providers, resident associations) 1 Pastor's Association of Indian Rivi Businesses operating in the community Edit Delete Tribal law enforcement agencies Federal,state,or local law enforcement agencies(non-tribal) including through multi-jurisdictional/regional partnerships Local educational institutions(schools/colleges/universities) Individual stake holders(persons residing,working,or with an interest in the community or problem 11c)For this partner,please indicate the statement that best characterizes this partner: Local goverment agencies(non-law enforcment,e.g. probation/parole,parks and recreation,code enforcement,etc.) * Community based organiztions(e.g.faith based,community redevelopment groups,social service providers, resident associations) 2 Progressive Civic League of Giffor Businesses operating in the community Edit Delete Tribal law enforcement agencies Federal,state, or local law enforcement agencies(non-tribal) including through multi-jurisdictionalregional partnerships Local educational institutions(schools/colleges/universities) Individual stake holders(persons residing,working, or with an interest in the community or problem 11c)For this partner, please indicate the statement that best characterizes this partner: Local goverment agencies(non-law enforcment,e.g. probation/parole, parks and recreation,code enforcement,etc.) Community based organiztions(e.g.faith based,community redevelopment groups,social service providers, resident associations) 3 19th Judicial State Attorney's Off( Businesses operating in the community Edit Delete Tribal law enforcement agencies Federal,state,or local law enforcement agencies(non-tribal) including through multi-jurisdictionalregional partnerships Local educational institutions(schools/colleges/universities) Individual stake holders(persons residing,working,or with an interest in the community or problem II(b)Proposed Community Policing Strategy: Organizational Transformation COPS grants must be used to initiate or enhance community policing activities. In this section you will be asked to identify the organizational change(s)that your agency plans to focus on through your requested COPS funding. Identifying the specific organizational change(s)that your agency plans to focus on is important to ensure that you satisfy the requirements for COPS funding under this program,and to ensure that ultimately the use of these funds will initiate or enhance your agency's capacity to 88 implement community policing approaches. 12) If awarded funds,will your agency initiate or enhance any of the following internal changes to personnel management? (Select no more than 2 internal changes to personnel management that will be addressed with these grant funds.) Flexibility in officer shift assignments to facilitate addressing specific problems + Assignment of officers to specific neighborhoods or areas for longer periods of time to enhance customer service and facilitate more contact between police and citizens Please provide a narrative for each internal change to personnel management identified(2,000 characters or less) The jurisdiction of the Indian River County Sheriff's Office is divided into 11 formalized patrol zones. This agency recognizes the benefit of assigning deputies to a patrol area for extended periods of time so they may become more familiar with the community members of that particular area. As part of our organizational transformation, we intend to enhance the prolonged geographical assignment areas of patrol deputies in our efforts to expand our community policing initiatives. An additional benefit is that many of our patrol zones are multifaceted and contain a combination of residential, commercial, and industrial components allowing deputies to increase community policing efforts for a variety of differing community types. Further, IRC is a popular tourist destination. Increasing familiarity with the hospitality service community as well as the nuisances associated with vacation and resort locations is a unique way to expand our community policing initiative through extended patrol assignments. It is important to note that while we utilize an 11 zone patrol directive, a less formal division within those zones divides our county into 4 main areas. It is traditional for the units within these 4 areas to act as back up officers for each other and provide additional zone coverage when needed. Ideally, the organizational transformation enhancement regarding zone assignments would consist of a customary assignment to one of the 11 zones with an occasional assignment to a neighboring zone within one of the 4 larger areas. This serves to expand a deputy's community interaction and level of familiarity with both their zone as well as the other deputies they traditionally work with. Finally, while unforeseen circumstances may require the periodic assignment of deputies to other zones, the concept of community policing related to extended neighborhood assignments will be a part of IRC's community policing strategy. Recruitment and hiring practices that reflect an orientation towards problem solving and community engagement + In-service training for officers on basic and advanced community policing principles Please provide a narrative for each internal change to personnel management identified(2,000 characters or less) An initiative within the community'policing strategy will be enhancing training efforts by initiating a new curriculum to include training on both basic and advanced community oriented policing principles. The method for delivery of information about basic community policing methods will start with a deputy's initial field training program and will include documented lessons related to the agency's community policing strategy, problem solving, and partnerships. It will encompass the methods by which patrol deputies can best be a part of the agency's plan and continue to enhance our outreach efforts. This will require education of the agency's field training officers in community oriented policing and how to teach this skill to newly hired patrol deputies. Further, a change to include this type of instruction will be incorporated in to the formal field training curriculum. The second part of the basic community policing training will also include advanced principles in the form of annual formalized training for all personnel whose traditional job duties are associated with community policing. An identifier for these employees will likely be those members who would take the Community Policing Self-Assessment Tool survey. Field training officer(FTO) programs that teach and test problem solving,community engagement,and critical thinking skills 89 Further define and clarify community policing roles and expectations for officers Personnel evaluation systems that assess officer activities,accomplishments,and performance related to problem solving and community engagement Early intervention systems that help identify officers who may be showing early signs of stress. personal problems,and questionable work conduct First-line supervisory skills to support officer problem solving and community engagement activities Career development and/or promotional processes that reinforce problem solving and community engagement None of the above 13) If awarded funds,will your agency initiate or enhance any of the following internal changes to agency management?(Select up to 2 internal changes to agency management that will be addressed with these grant funds.) Agency mission statement,vision,and/or goals that reflect the core values of community policing Agency strategic plan that outlines the goals and objectives around community policing and other departmental priorities Organizational performance measurement systems that include community policing metrics,and conduct annual assessments of agency performance Technology systems that provide officers,analysts,and the community better and more timely access to data and information Mediation strategies to resolve citizen complaints Collection,analysis, and use of crime data and information in support of problem solving goals Please provide a narrative for each internal change to agency management identified(2,000 characters or less) The Indian River County Sheriff's Office will utilize grant funds to enhance the collection, analysis, and use of crime data by combininga focus on intervention and prevention through problem-solving with collaborative partnerships within the community. Through this concept, IRCSO will be able to focus resources to target specific offenders and high criminal activity areas with the goal of reducing gun violence inciiflents through a concentrated effort. Additionally, the Major Crime Team ,will deploy a systematic,, approach of S.M.A.R.T. (Strategic Management,'AnalySis, Response, and Tactics) Policing; along with - 't, ^^lictrn Through Environmental Design) in identified "hot-spot" neighborhoods. This approach leverages the principles r' community collaboration, organizational transformation and problem- sviviug, and is strengthened through the use of intelligence-led policing to drive performance measures. This data and information shall be disseminated to deputies and supervisors routinely to identify areas in need of increased patrol and facilitate predictive policing. Grant funds will support these efforts by providing the necessary manpower to pragmatically execute these principles. Formal accreditation process System to capture and track problem solving and partnership efforts and activities Please provide a narrative for each internal change to agency management identified(2,000 characters or less) 90 Crime data and information will be shared with the community and external agencies, including: the Office of the State Attorney - 19th Judicial Circuit, Pastor's Association of Indian River County, Progressive Civic League of Gifford, FL, various Neighborhood Watch Associations, and Crime Stoppers of the Treasure Coast. The Major Crime Team will conduct foot patrols within targeted hot-spot areas, interview citizens, and attend community meetings, forums, neighborhood watch meetings, and other events in order to share crime prevention tips and techniques. With the assistance of the Crime Analysis Unit, this team will document and track all community projects with the goal of improving the community's perception of the police and community safety, and to indentify/address the underlying causes of crime. An organizational assessment of community policing Level and frequency of communication with the community on crime problems and agency activities to enhance transparency None of the above III.General Community Support and Engagement 14)Did your agency consult with any of the following groups/organizations on the development of this community policing strategy?Please check all that apply. Local government agencies(non-law enforcement, e.g.probation/parole, parks and recreation,code enforcement,etc.) 1 Community based organizations(e.g.faith based,community redevelopment groups,social service providers,resident associations) +' Businesses operating in the community Tribal law enforcement agencies(outside your jurisdiction) t Other Federal,state,or local law enforcement agencies s Multi-jurisdictional or regional task forces/partnerships Local educational institutions(schools/colleges/universities) Local government officials Individual stakeholders residing,working or with an interest in the community and/or problem None of the above 15)To what extent are there related governmental and/or community initiatives that complement your agency's proposed community policing strategy? a)There are a significant number of related initiatives ▪ b)There are a moderate number of related initiatives c)There are a minimal number of related initiatives d) There are no related initiatives 16)To what extent is there community support in your jurisdiction for implementing the proposed community policing strategy? s. a)High level of support b) Moderate level of support c)Minimum level of support 17)If awarded funds,to what extent will the community policing strategy impact the other components of the criminal justice system in your jurisdiction? F a) Potentially decreased burden b) No change in burden c) Potentially increased burden SECTION 7: NEED FOR FEDERAL ASSISTANCE A. Explanation of Need for Federal Assistance All applicants are required to explain their inability to address the need for this award without federal assistance. Please do so in the space below.[Please limit your response to a maximum of 4,000 characters.] 91 In 2008, Indian River County experienced a drastic reduction in revenues generated from ad valorem taxes. Between 2009 and 2012, tax revenues continued to decline as the result of decreasing property values, increased foreclosures and unemployment, and a general decline in the overall economy. As a result, all county departments were required to implement annual spending reductions in order to lower operating costs to meet budget shortfalls. The yearly reduction plans imposed on the agency between 2008-2012, resulted in a nearly $5.5 million reduction in the Sheriff's Office budget. During this timeframe, mandatory reallocation of expenditures required the elimination of replacing aging equipment (including police vehicles), hiring freezes, and a significant decrease to capital outlay expenses. As the country has started to recover from the economic downturn and ad valorem tax revenues have increased a modest 3% from 2013, the Indian River County Sheriff's Office has obligated any additional general revenue funds to acquiring items that it was not able to previously purchase. This has prevented the agency from restoring previous workforce levels. The economic forecast for Indian River County continues to remain in a state which prevents the Sheriff's Office from filling vacant positions without the assistance of grant funding from the COPS Hiring Program, thereby negatively impacting the entire community and the crime rate. B.Service Population 1.Enter the total population of the government entity applying for this grant using the latest census estimate available in the American Fact Finder at http://FactFinder2.census.gov. 144755 2.Check here if the population of the entity applying for this grant is not represented by U.S.Census figures(e.g.,colleges, special agencies,school police departments,etc.). 3.What is the actual population your department serves as the primary law enforcement entity?96296 This mayor may not be the same as the population specified above. For example, a service population may be the census population minus incorporated towns and cities that have their own police department within your geographic boundaries or estimates of ridership(e.g., transit police)or visitors(e.g.,park police).An agency with primary law enforcement authority is defined as having first responder responsibility to calls for service for all types of criminal incidents within its jurisdiction. 3a. If applicable, please explain why the service population differs from the census population: Service population represents the census population minus incorporated towns and cities that have their own police department wit C.Fiscal Health 1)Enter your law enforcement agency's total operating budget for the current AND previous two fiscal years. Please note:All figures must be rounded to the nearest whole dollar. CURRENT FISCAL YEAR (2015) $ 40968433 PREVIOUS FISCAL YEAR (2014) $ 39028248 PREVIOUS FISCAL YEAR (2013)$ 37169760 2)Since January 1,2014,what percentages of the following employees in your jurisdiction(city, county,state,tribal,university) have been reduced through lay-offs. Please note:All figures must be rounded to the nearest whole percent. Civilian Law Enforcement Agency Personnel% o Sworn Law Enforcement Agency Personnel% o Other Government Agency Personnel% o 3)The U.S.Census Bureau American Community Survey(ACS) provides multi-year poverty rate estimates for communities. Please go to the U.S. Census Bureau's American Fact Finder(http://FactFinder2.census.gov)to determine the percentage of individuals in poverty in your jurisdiction. For jurisdictions not included in the census(e.g.,schools,universities,transit, parks), please check the box for"Not Applicable."Please see the program Application Guide for additional information and help in using the American Fact Finder.Please note:All figures must be rounded to the nearest whole percent. Percentage of individuals in poverty% 27 Not Applicable: 92 4)The Bureau of Labor Statistics'Local Area Unemployment Statistics(LAUS) program provides monthly estimates of unemployment for communities. Please go to the Bureau of Labor Statistics'LAUS website(http://www.bls.gov/lauldata.htm)to find detailed instructions for looking up your local area's unemployment rate. It may be necessary to select the nearest best match to your jurisdiction(for example,a city of fewer than 25,000 people may report their county level rate). Please see the program Application Guide for additional information and help in using the LAUS data. For jurisdictions not included in the census(e.g., schools,universities,transit, parks),please check the box for"Not Applicable". Please note:All figures must be rounded to the nearest whole percent. Percentage Unemployed for December 2014 6 Not Applicable: 5) Indicate if your jurisdiction has experienced any of the following events since January 1, 2014(Check all that apply) A declaration of natural or other major disaster or emergency has been made pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (42 U.S.C. 5121 et seq.) A declaration as an economically or financially distressed area by the state in which the applicant is located. Downgrading of the applicant's bond rating by a major rating agency. Has filed for or been declared bankrupt by a court of law. Has been placed in receivership or its functional equivalent by the state or federal government. Taken on additional law enforcement duties and responsibilities resulting from an agency merger or the disbanding of a neighboring law enforcement agency(which did not result in a new or supplemented funded contract to provide these law enforcement services). 6) In addition to the data collected elsewhere in this application,the COPS Office would like to capture information from jurisdictions that may have faced an unanticipated catastrophic event that had a significant impact on the delivery of law enforcement services or have experienced an unusually large increase in the number of homicides in the past year. Examples of unanticipated catastrophic events include mass shootings,terrorist attacks,natural disasters,or other events leading to mass casualties that would not necessarily be reflected in the UCR crime statistics previously reported. Please note that if your jurisdiction is faced with an unanticipated catastrophic event(e.g.,mass shooting,terrorist attack,other mass casualty event)after submission of this application, but before the application closing date,you should contact the COPS Office immediately at 800- 421-6770 to update your application to include this information. If your agency experienced has an unanticipated catastrophic event or an unusually large increase in the number of homicides in the time period from January 1,2014 to present,check this box. 7)The Promise Zone Initiative is part of the President's plan to create a better bargain for the middle-class by partnering with local communities and businesses to create jobs,increase economic security,expand educational opportunities,increase access to quality,affordable housing and improve public safety. In exchange,these designees will receive the resources and flexibility they need to achieve their goals. The designees have agreed to and must demonstrate a collaborative effort-between private business and federal,state,tribal and local officials;faith-based and non-profit organizations;children and parents-to ensure that hard work leads to a decent living for every American,in every community. To be a Promise Zone,your jurisdiction must have been designated as such by the closing date of this solicitation. If your agency has a designated Promise Zone within its jurisdiction,check the box. D.PropertyNiolent Crime Please select at least one statement below: My agency can report crime data for all 3 years(please input in table below:). My agency cannot report crime data for 2014. My agency cannot report crime data for 2013. My agency cannot report crime data for 2012. 1)Using UCR crime definitions,enter the actual number of incidents reported to your agency in the previous three calendar years (2014,2013,2012)for the following crime types.Note that only those incidents for which your agency had primary response authority should be provided. Please enter 0(zero)to indicate no incidents in a particular year/type. Leave blanks only where data is unavailable. UCR Data 2014 2013 2012 Criminal Homicide a 2 1 Forcible Rape 14 24 15 Robbery 25 29 38 Aggravated Assault 242 252 265 Burglary 485 476 552 r Larceny(except motor 1448 1378 1838 vehicle theft) Motor Vehicle Theft 63 64 71 93 SECTION 8: CONTINUATION OF PROJECT AFTER FEDERAL FUNDING ENDS If you are applying for a COPS grant with a post-award retention plan requirement, please complete A.If you are applying for a COPS grant without a post-award retention plan requirement,please complete B. A.Continuation of Project after Federal Funding Ends(for COPS grants with a retention plan requirement) Applicants must plan to retain all sworn officer positions awarded under your COPS hiring grant for a minimum of 12 months at the conclusion of 36 months of federal funding for each position.The retained COPS funded positions should be added to your agency's law enforcement budget with state and/or local funds at the end of grant funding,over and above the number of locally- funded sworn officer positions that would have existed in the absence of the grant.These additional position(s) must be retained using state,local,or other non-federal funding only.You may not use funds awarded by other federal grants to cover the costs of retention.At the time of grant application,applicants must affirm that they plan to retain the positions and identify the planned source(s)of retention funding.We understand that your agency's source(s)of retention funding may change during the life of the grant.Your agency should maintain proper documentation of any changes in the event of an audit,monitoring or other evaluation of your grant compliance. Please refer to the frequently asked questions on retention which can be found here http://www.cops.usdoj.gov/Defaultasp?Item=2367. Will your agency plan to retain any additional positions awarded under this grant for a minimum of 12 months at the condusion of federal funding for each position? Yes •' Note:Agencies that do not plan to retain all the positions awarded under this grant are ineligible to receive CHP funding 2. Please identify the source(s)of funding that your agency plans to utilize to cover the costs of retention:(check all that apply) General funds Raise bond/tax issue Private sources/donations Non-federal asset forfeiture funds(subject to approval from the state or local oversight agency) Fundraising efforts State, local,or other non-federal grant funding Other If other, please provide a brief description of the source(s)of funding not to exceed 500 characters. SECTION 12: OFFICIAL PARTNER(S) CONTACT INFORMATION An official"partner"under the grant may be a governmental,private,school district,or other applicable entity that has established a legal,contractual,or other agreement with the applicant for the purpose of supporting and working together for mutual benefits of the grant. Please see the COPS Application Guide for more information on official partners that may be required. t "st t asi Nc tot- ir f'� i �_}' 1 G ii Title: First Name: Middle Name: Last Name: Suffix`:Select One... • Name of Partner Agency(e.g.,Smithville High School): Type of Partner Agency(e.g., School District): Streetl:) Street2:I City: State: Select One... • Zip/Postal Code: Telephone Number: Fax: Email: Important!Please click"Add Partner"below to add a partner to the list. Reminder! If you have modified(edit, update,or delete)the list of partners in any way,please click"Save"to store your changes before moving to the next section. Add Partner ; 94 SECTION 13: APPLICATION ATTACHMENTS This section should be used to attach any required or applicable attachments to your grant applications(e.g., Memorandum of Understanding,etc.) If awarded,grantees using CHP funding to hire and/or deploy School Resource Officers into schools will agree that a signed Memorandum of Understanding(MOU) between the law enforcement agency and the school partner(s)must be submitted to the COPS Office before obligating or drawing down funds under this award.An MOU is not required at time of application;however,if the law enforcement agency already has an MOU in place that is applicable to the partnership,the MOU can be submitted as an attachment in Section 13 of the grant application. The MOU must contain the following;the purpose of the MOU, clearly defined roles and responsibilities of the school district and the law enforcement agency;focusing officers'roles on safety, information sharing,supervision responsibility and chain of command for the SRO and signatures. If awarded,grantee will agree that the MOU must be submitted and accepted by the COPS Office 90 days from the award start date which is located on the Award Document.The implementation of the COPS Hiring Grant without submission and acceptance of the required MOU within the 90 day timeframe may result in expenditures not being reimbursed by the COPS Office and/or award de-obligation. Please refer to the program-specific Application Guide to determine if an MOU or other application attachments are required.The Guide will also specify if optional attachments are permitted for submission. Please use appropriately descriptive file names(e.g., Program Narrative, Budget Detail Worksheet and Budget Narrative, Timelines, Memoranda of Understanding, Resumes)for all attachments. Please do not submit executable file types as application attachments.These disallowed file types include, but are not limited to,the following extensions: .com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora, .sys,and .zip.The system may reject applications with files that use these extensions. Current Attachments Upload attachments using"Browse..."and"Upload...". File names may only contain:a-z0-9period(.), underscore(_),hyphen(- )Characters other than these will be replaced by a hyphen(-).After clicking the"Upload..."button, please wait for the page to refresh. The uploaded file will automatically appear in the file list. Form COPS_Sh_ApplicationAttachment_2_2-V2.2.pdf SF-424 Delete Form SF424_2_1-V2.1 pdf SF-424 Delete Choose File No file chosen Memorandum of Understanding • Upload.. j SECTION 14: BUDGET DETAIL WORKSHEETS Instructions for Completing the Budget Detail Worksheets The following Budget Detail Worksheets are designed to allow all COPS grant and cooperative agreement applicants to use the same budget forms to request funding.Allowable and unallowable costs vary widely and depend upon the type of COPS program.The maximum federal funds that can be requested and the federaVlocal share breakdown requirements also vary. Please refer to the program-specific Application Guide to determine the allowable/unallowable costs,the maximum amount of federal funds that can be requested,and the federal/local share requirements for the COPS program for which your agency is applying(See http://www.cops.usdoj.gov/Default.asp?Item=46).To assist you, sample Budget Detail Worksheets are included in each Application Guide Please complete each section of the Budget Detail Worksheets applicable to the program for which you are applying(See http://www.cops.usdoj.gov/Defauft.asp?Item=46 for requirements). If you are not requesting anything under a particular budget category, please check the appropriate box in that,category indicating that no positions or items are requested. Final calculations will be rounded to the nearest whole dollar.Once the budget for your proposal has been completed,a budget summary page will reflect the total amounts requested in each category,the total project costs, and the total federal and local shares. If you need assistance in completing the Budget Detail Worksheets, please call the COPS Office Response Center at 800-421-6770. SECTION 14A: BUDGET DETAIL WORKSHEETS Instructions:This worksheet will assist your agency in reporting your agency's current entry-level salary and benefits and identifying the total salary and benefits request per officer position for the length of the grant term. Please list the current entry- level base salary and fringe benefits rounded to the nearest whole dollar for one full-time sworn officer position within your agency. Do not include employee contributions. (Please refer to http://www.cops.usdoj.gov/Default.asp?Item=46 for information on the length of the grant term for the program under which you are applying.) Special note regarding sworn officer fringe benefits: For agencies that do not include fringe benefits as part of the base salary costs and typically calculate these separately,the allowable expenditures may be included under Part 1, Section B.Any fringe benefits that are already included as part of the agency's base salary(Part 1, Section A of the Sworn Officer Budget Worksheet) should not also be included in the separate fringe listing(Part 1,Section B). Please refer to http://www.cops.usdoj.gov/Default.asp?Item=46 for information about allowable and unallowable fringe benefits for sworn officer positions requested under the program to which your agency is applying. A.SWORN OFFICER POSITIONS 95 Full-Time Entry-Level Sworn Officer Base Salary Information Part 1: Instructions: Please Complete the questions below based on your agency's entry-level salary and benefits package for one locally-funded officer position.As applicable per the program-specific Application Guide,you may also be required to project Year 2 and Year 3 salaries. Sworn Officer Position A. Base Salary Information Year 1 Salary Year 2 Salary Year 3 Salary Enter the first Enter the second Enter the third year entry-level year entry-level year entry-level base salary for base salary for base salary for one sworn officer one sworn officer one sworn officer position. position. position. 38950.00 40119.50 41322.06 Please check this Please check this Please check this box if base salary box if base salary box if base salary includes vacation includes vacation includes vacation costs. costs. costs. Please check this Please check this Please check this box if the base box if the base box if the base salary includes sick salary includes sick salary includes sick leave costs. leave costs. leave costs. B. Fringe Benefit costs should be calculated for each year of the grant term. FRINGE BENEFITS: Year 1 Fringe Year 2 Fringe Year 3 Fringe Benefits Benefits Benefits COST %OF COST %OF COST %OF BASE SALARY BASE SALARY BASE SALARY Social security expenses cannot exceed 6,2% Exempt 6.2% Fixed Rate 2414.90 6.2 2487.41 5.2 2561.97 6.2 Medicare expenses cannot exceed 1.45% Exempt 11.45% Fixed Rate 564.78 1.45 581.73 1.45 599.17 1.45 Health Insurance (Family Coverage) 8310.00 21.34 8310.00 20.71 8310.00 20.11 Life Insurance 77.12 0.20 79.43 10.20 81.82 0.20 Vacation Number of Hours Annually: 196 0 0.00 0 0.00 0 0.00 Sick Leave Number of Hours Annually: 96 0 0.00 0 0.00 0 0.00 Retirement 7719.89 19.82 7951.49 19.82 8190.03 19.82 Worker's Compensation Exempt 16.27 0.04 16.76 0.04 17.26 0.04 Unemployment Exempt 130.40 0.33 134.32 0.33 138.35 0.33 Insurance Other Select One if 0 0.00 0 0.00 0 0.00 Other Select One • 0 0.00 0 0.00 0 0.00 Other Select One • 0 0.00 (0 0.00 0 0.00 Benefits Sub-Total Per Year (1 Position) 19233.36 19561.14 19898.60 C. Total Salary + Benefits Per Year (1 Position) 58183.36 59680.64 61220.66 D. Total Salary and Benefits for Years 1, 2, and 3 (1 179084.66 X 5 # of Positions 895423.30 Position): SALARY DETAILS Part 2:Sworn Officer Salary Information 1.If your agency's second and/or third-year costs for salaries and/or fringe benefits increase after the first year, check the reasons(s)why in the space below. If these costs do not increase,please select"Not Applicable". { Cost of Living Adjustment(COLA) Step Raises Change in Benefit Costs 96 Not Applicable Part 3: Federal/Local Share Costs(for Hiring Grants) As part of the local matching requirement for the 2015 COPS Hiring Program.grantees must assume a progressively larger share of the cost of the grant with local funds over the three-year grant period.This means that your local match must increase each year,while the federal share must decrease. 895423.30 Total Salary and Benefits for year 1, 2, &3(all positions): 625000.00 Total Federal Share: 69.79938986678(Total Federal Percentage: 270423.30 Total local share required: 30.20061013321E Total Local Percentage: Please project in the chart below how your agency plans to assume a progressively larger share of the grant costs during each year of the program.The chart is only a projection of your plans;while your agency may deviate from these specific projections during the grant period, it must still ensure that the federal share decreases and the local share increases. For more details on local matching requirements for this program, please refer to http.//www.cops.usdoj.gov/Default.asp?Item=46. Please use the Recalculate button below after any changes to the benefit table above before moving forward. 31 Percent of the"Total Local Share Required"your agency plans to assume in Year 1 33 Percent of the"Total Local Share Required"your agency plans to assume in Year 2 36 Percent of the"Total Local Share Required"your agency plans to assume in Year 3 100 Percent Total 207085.58 Federal Share Year 1 209164.00 Federal Share Year 2 208750.42 Federal Share Year 3 625000 Federal Total 83831.22 Local Share Year 1 89239.69 Local Share Year 2 97352.39 Local Share Year 3 270423.30 Local Total 895423.3 Recalculate S. BUDGET SUMMARY Instructions: Please review the category totals and the total project costs below. If the category totals and project amounts shown are correct,please continue with the submission of your application. Should you need to make revisions to a budget category, please return to the Budget Detail Worksheet. Section Budget Category Category Total A.Sworn Officer Positions $895423.30 B.Non-Sworn Personnel $0.00 C.Equipment&Technology $0.00 D.Supplies $0.00 E.Travel&Training $0.00 F.Contracts&Consultants $0.00 G.Other Costs $0.00 H.Indirect Costs $0.00 Total Project Amount: $895423.30 97 Total Federal Share Amount: $625000.00 69.799390% (Total Project Amount X Federal Share Percentage Allowable) Total Local Share Amount(If applicable): (Total Project Amount-Total Federal Share Amount) $270423.30 30.2006100/o If your application is funded, but for a reduced number of officer positions,the percentage of the local share provided above will be • applied to the total project cost of the awarded officers. Waiver of Local Match The COPS Office may waive some or all of a grantee's local match requirement based on severe fiscal distress. During the application review process,your agency's waiver request will be evaluated based on the availability of funding,a demonstration of severe fiscal distress as reflected through the fiscal health data in Section 7 of this application, and a comparison of your fiscal health data with that of the overall applicant pool. 01:Are you requesting a waiver of the local match based on severe fiscal distress? No Contact Information for Budget Questions Please provide contact information of the financial official that the COPS Office may contact with questions related to your budget submission. First Name: Kelly Last Name: Goodwin Title: Comptroller Telephone Number: 772-978-6146 Fax: 772-569-8144 Email Address: kgoodwin@iresheriff SECTION 15A: ASSURANCES Several provisions of federal law and policy apply to all grant programs. The Office of Community Oriented Policing Services needs to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at 800-421-6770. By signing this form,the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular,the applicant assures us that: 1.It has been legally and officially authorized by the appropriate governing body(for example,mayor or city council)to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2.It will comply with the provisions of federal law,which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. § 1501,et seq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards, if it has not done so already,to prohibit employees from using their positions for a purpose that is,or gives the appearance of being,motivated by a desire for private gain for themselves or others,particularly those with whom they have family,business or other ties. 5.It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6.It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to:the requirements of 2 C.F.R. Part 200(Uniform Administrative Requirements, Cost Principles. and Audit Requirements for Federal Awards)as adopted by the Department of Justice in 2 C.F.R.§2800.101 ;48 C.F.R. Part 31 (FAR Part 31) (Contract Cost Principles and Procedures);the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended;28 C.F.R.§38.1;the applicable COPS Application Guide;the applicable COPS Grant Owner's Manuals;and with all other applicable program requirements, laws, orders,or regulations. 7.It will,to the extent practicable and consistent with applicable law,seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn 98 positions in the agency. 8. It will not(and will require any subgrantees,contractors,successors,transferees,and assignees not to).on the grounds of race,color,religion,national origin,sex,disability,or age,unlawfully exclude any person from participation in,deny the benefits of or employment to any person,or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds.These civil rights requirements are found in the non-discrimination provisions of Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. §2000d);the Omnibus Crime Control and Safe Streets Act of 1968,as amended(42 U.S.C.§3789d); Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794);the Age Discrimination Act of 1975(42 U.S.C. §6101,et seq.);Title IX of the Education Amendments of 1972,as amended(20 U.S.C. § 1681,et seq.); and the corresponding DOJ regulations implementing those statutes at 28 C.F.R. Part 42(subparts C,0, E,G, and I). It will also comply with Executive Order 13279 Equal Treatment for Faith-Based Organizations and its implementing regulations at 28 C.F.R. Part 38,which requires equal treatment of religious organizations in the funding process and nondiscrimination of beneficiaries by Faith-Based Organizations on the basis of belief or non-belief. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color,religion, national origin,gender,disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office for Civil Rights,Office of Justice Programs,810 7th Street, NW,Washington, D.C.20531. B. If your organization has received an award for$500,000 or more and has 50 or more employees,then it has to prepare an Equal Employment Opportunity Plan(EEOP)and submit it to the Office for Civil Rights("OCR"),Office of Justice Programs,810 7th Street, N.W.,Washington, DC 20531,for review within 60 days of the notification of the award. If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your organization still has to prepare an EEOP,but it does not have to submit the EEOP to OCR for review. Instead,your organization has to maintain the EEOP on file and make it available for review on request. In addition,your organization has to complete Section B of the Certification Form and return it to OCR. If your organization received an award for less than$25,000;or if your organization has less than 50 employees,regardless of the amount of the award;or if your organization is a medical institution,educational institution,nonprofit organization or Indian tribe,then your organization is exempt from the EEOP requirement. However,your organization must complete Section A of the Certification Form and return it to OCR. 9.Pursuant to Department of Justice guidelines(June 18,2002 Federal Register(Volume 67, Number 117,pages 41455- 41472)),under Title VI of the Civil Rights Act of 1964,it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency'(EPA)list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA.. 11. If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review,it has made this application available for review by the state Single Point of Contact. 12. It will submit all surveys, interview protocols,and other information collections to the COPS Office for submission to the Office of Management and Budget for clearance under the Paperwork Reduction Act of 1995 if required. 13. It will comply with the Human Subjects Research Risk Protections requirements of 28 C.F.R. Part 46 if any part of the funded project contains non-exempt research or statistical activities which involve human subjects and also with 28 C.F.R. Part 22, requiring the safeguarding of individually identifiable information collected from research participants. 14. Pursuant to Executive Order 13043, it will enforce on-the-job seat belt policies and programs for employees when operating agency-owned,rented or personally-owned vehicles. 15. It will not use COPS funds to supplant(replace)state, local,or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant,as applicable. 16. If the awarded grant contains a retention requirement,it will retain the increased officer staffing level and/or the increased officer redeployment level,as applicable,with state or local funds for a minimum of 12 months following expiration of the grant period. 17. It will not use any federal funding directly or indirectly to influence in any manner a Member of Congress.a jurisdiction,or an official of any government,to favor,adopt,or oppose, by vote or otherwise,any legislation, law ratification, policy or appropriation whether before or after the introduction of any bill, measure,or resolution proposing such legislation, law,ratification, policy or appropriation as set forth in the Anti-Lobby Act, 18 U.S.C.§ 1913. 18. In the event that a portion of grant reimbursements are seized to pay off delinquent federal debts through the Treasury Offset Program or other debt collection process, it agrees to increase the non-federal share(or,if the awarded grant does not contain a cost sharing requirement,contribute a non-federal share)equal to the amount seized in order to fully implement the grant project. 19. None of the funds made available under this award may be distributed to the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries. False statements or claims made in connection with COPS grants(including cooperative agreements)may result in fines, imprisonment,disbarment from participating in federal grants or contracts,and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. Signature of Law Enforcement Executive/Agency Executive(For your electronic signature, please type in your name) 99 Deryl Loar Deryl Loar Date: 06/11/2015 Signature of Government Executive/Financial Official(For your electronic signature, please type in your name)Kelly Goodwin Kelly Goodwin Date: 06/11/2015 SECTION 15B: CERTIFICATIONS Regarding Lobbying; Debarment,Suspension and Other Responsibility Matters; Federal Taxes and Assessments; Drug-Free Workplace Requirements;and Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process,other provisions of federal law require us to seek your agency's certification regarding certain matters.Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant.Signing this form complies with certification requirements under 28 C.F.R. Part 69,"New Restrictions on Lobbying,"2 C.F.R. Part 2867,"Nonprocurement Debarment and Suspension,"the applicable appropriations Acts,28 C.F.R. Part 83, "Government-Wide Requirements for Drug-Free Workplace(Grants),"and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994.The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by 31 U.S.C.§ 1352, implemented at 28 C.F.R. Part 69,for persons entering into a grant or cooperative agreement over$100,000,and 2 C.F.R. §200.450 as adopted by the Department of Justice in 2 C.F.R.§2800.101,the applicant certifies that: A. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the making of any federal grant;the entering into of any cooperative agreement;and the extension,continuation, renewal, amendment or modification of any federal grant or cooperative agreement: B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions;and C. If applicant is a nonprofit organization or an institution of higher education, it will comply with the additional lobbying restrictions set forth in 2 C.F.R. §200.450(c) as adopted by the Department of Justice in 2 C.F.R. §2800.101; and D.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subgrants,contracts under grants and cooperative agreements, and subcontracts)and that all sub-recipients shall certify and disclose accordingly. 2.Debarment,Suspension and Other Responsibility Matters(Direct Recipient) Pursuant to Executive Order 12549,Debarment and Suspension,as implemented at 2 C.F.R. Part 2867,for prospective participants in primary covered transactions, as defined at 2 C.F.R.§2867.20(a),and other requirements,the applicant certifies that it and its principals: A.Are not presently debarred,suspended,proposed for debarment,declared ineligible,sentenced to a denial of federal benefits by a state or federal court,or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this application been convicted of a felony criminal violation under any Federal law,or been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state or local)or private agreement or transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records, making false statements,tax evasion or receiving stolen property, making false claims,or obstruction of justice,or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility; C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state or local)with commission of any of the offenses enumerated in paragraph(B)of this certification; and D. Have not within a three-year period preceding this application had one or more public transactions(federal,state or local) terminated for cause or default. 3.Mandatory Disclosure Pursuant to the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.§ 200.113 as adopted by the Department of Justice in 2 C.F.R. §2800.101,the applicant certifies that it: A.Has not violated any federal criminal law involving fraud,bribery,or gratuity that may potentially affect the federal grant or 100 cooperative agreement. B.Shall timely disclose in writing to the federal awarding agency or pass-through entity,as applicable,any violation of federal criminal law involving fraud,bribery,or gratuity that may potentially affect the federal grant or cooperative agreement. C.Shall require that the language of this certification be included in the award documents for all subawards(including subgrants and cooperative agreements)and shall require all subrecipients certify and disclose accordingly. 4.Federal Taxes and Assessments A. If applicable,an applicant who receives an award in excess of$5,000,000 certifies that,to the best of its knowledge and belief, the applicant has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not,more than 90 days prior to certification,been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. B. The applicant certifies that it does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 5.Drug-Free Workplace(Grantees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988,and implemented at 28 C.F.R. Part 83,for grantees/recipients,as defined at 28 C.F.R. §83.660- A. The applicant certifies that it will, or will continue to, provide a drug-free workplace by' (i) Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii)Establishing an on-going drug-free awareness program to inform employees about- (a)The dangers of drug abuse in the workplace; (b)The grantee's policy of maintaining a drug-free workplace; (c)Any available drug counseling,rehabilitation and employee assistance programs;and (d)The penalties that may be imposed upon employees for drug-abuse violations occurring in the workplace; (III)Making it a requirement that each employee to b.engaged in the performance of the grant be given a copy of the statement required by paragraph(i); (iv)Notifying the employee in the statement required by paragraph(i)that,as a condition of employment under the grant,the employee will- (a)Abide by the terms of the statement; and (b)Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency,in writing,within 10 calendar days after receiving notice under subparagraph(iv)(b)from an employee or otherwise receiving actual notice of such conviction.Employers of convicted employees must provide notice, including position title,to:COPS Office, 145 N St, NE,Washington, D.C.20530. Notice shall include the identification number(s)of each affected grant; (vi)Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph(iv)(b),with respect to any employee who is so convicted- (a)Taking appropriate personnel action against such an employee, up to and including termination,consistent with the requirements of the Rehabilitation Act of 1973,as amended;or (b)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal,state or local health,law enforcement or other appropriate agency; (vii)Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(i), (ii), (iii), (iv), (v), and(vi). B.The applicant further certifies that it will identify all known workplaces under each COPS Office award,keep the identification documents on file,and make them available for inspection upon request by the Department of Justice officials or their designated representatives. 6.Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved.Affected agencies may indude, among others,the Office of the United States Attorney,state or local prosecutors,or correctional agencies.The applicant certifies that there has been appropriate coordination with all affected agencies. Where the applicant is unable to certify to any of the statements in this Certifications form,he or she shall attach an 101 explanation to this application regarding the particular statement that cannot be certified. Please check the box if an explanation is attached to this application. Please note that the applicant is still required to sign the Certifications form to certify to all the other applicable statements. False statements or claims made in connection with COPS grants(including cooperative agreements)may result in fines, imprisonment,disbarment from participating in federal grants or contracts,and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. Signature of Law Enforcement Executive/Agency Executive(For your electronic signature, please type in your name) Deryl Loar Deryl Loar Date: 06/11/2015 Signature of Government Executive/Financial Official(For your electronic signature, please type in your name)Kelly Goodwin Kelly Goodwin Date: 06/11/2015 SECTION 16: DISCLOSURE OF LOBBYING ACTIVITIES Instructions for Completion of SF-LLL,Disclosure of Lobbying Activities This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action, or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress.an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3.Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4.Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District number, if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address, city,state and zip code of the prime Federal recipient. Include Congressional District, if known. 6.Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known. For example, Department of Transportation,United States Coast Guard. 7.Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements, loans and loan commitments. 8.Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP)number; Invitation for Bid(IFB)number;grant announcement number;the contract,grant,or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.."RFPD E-90-001." 9.For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10.(a)Enter the full name,address,city, state and zip code of the lobbying entity engaged by the reporting registrant identified in item 4 to influence the covered Federal action. (b)Enter the full name(s)of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name, First Name,and Middle Initial(MI). 11.The certifying official shall sign and date the form, print his/her name,title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for 102 reviewing instructions. searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(0348- 0046), Washington, DC 20503. Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352. Not Applicable SECTION 17: CERTIFICATION OF REVIEW AND REPRESENTATION OF COMPLIANCE WITH REQUIREMENTS 1) Federal Civil Rights and Grant Reviews: Please be advised that an application may not be funded and,if awarded, a hold may be placed on the award if it is deemed that the applicant is not in compliance with federal civil rights laws,and/or is not cooperating with an ongoing federal civil rights investigation,and/or is not cooperating with a Department of Justice grant review or audit. 2)Certification of Review of 28 C.F.R.Part 23/Criminal Intelligence Systems: Please review the COPS Application Guide:Legal Requirements Section for additional information. Please check one of the following,as applicable to your agency's intended use of this grant: * No, my agency will not use these COPS grant funds(if awarded)to operate an interjurisdictional criminal intelligence system. Yes,my agency will use these COPS grant funds(if awarded)to operate an interjurisdictional criminal intelligence system. By signing below,we assure that our agency will comply with the requirements of 28 C.F.R. Part 23. 3)Certification of Review and Representation of Compliance with Requirements: The signatures of the Law Enforcement Executive/Agency Executive,Government Executive/Financial Official,and the Person Submitting this Application on the Reviews and Certifications represent to the COPS Office that: a)the signatories have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity; b)the applicant will comply with all legal, administrative,and programmatic requirements that govern the applicant for acceptance and use of federal funds as outlined in the applicable COPS Application Guide;the COPS Grant Owner's Manual,Assurances, Certifications and all other applicable program regulations, laws,orders,and circulars; c)the applicant understands that false statements or claims made in connection with COPS programs may result in fines, imprisonment,debarment from participating in federal grants,cooperative agreements, or contracts, and/or any other remedy available by law to the federal government; d)the information provided in this application,including any amendments,shall be treated as material representations of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant; e)the applicant understands that as a general rule COPS funding may not be used for the same item or service funded through another funding source;and f)the applicant and any required or identified official partner(s)listed in Section 12 are partners in this grant project and mutually agreed to this partnership prior to this grant application. The signatures of the Law Enforcement Executive/Agency Executive and the Government Executive/Financial Official on this application must be the same as those identified in Section 4 of this application. Applications with missing, incomplete, or inaccurate signatories or responses may not be considered for funding. Signature of Law Enforcement Executive/Agency Executive(For your electronic signature,please type in your name) Deryl Loar Deryl Loar Date: 06/11/2015 Signature of Government Executive/Financial Official(For your electronic signature, please type in your name) Kelly Goodwin Kelly Goodwin Date: 103 06/11/2015 Signature of Person Submitting This Application(For your electronic signature, please type in your name) Amber Grier Date: 06/11/2015 " By clicking this box,the applicant understands that the use of typed names in this grant application and the required grant forms, induding the Assurances and Certifications,constitute electronic signatures and that the electronic signatures are the legal equivalent of handwritten signatures. 104 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONy--- 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: Patricia Hunt ADDRESS: PO Box 442 Roseland Florida(mailing only Temp) PHONE: 8082056537 SUBJECT MATTER FOR DISCUSSION: The Train,public records requests IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED X YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES x NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E-Mail COUNTY ADMINISTRATOR .� (Qp �') X Joseph A. gird Fax Mail J' Hand Delivered MEETING DATE: V 7/7/5 Phone Document2 Board Approved 11/7/06 105 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: Karen Hudon ADDRESS: 4900 SE Hanson Circle,Stuart,FL 34997 PHONE: 772-266-8896 SUBJECT MATTER FOR DISCUSSION: Hydraulic Fracturing(Fracking) IS A PRESENTATION PLANNED? X YES NO IS BACK-UP BEING PROVIDED X YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Resolution in Support of a Statewide Ban on Fracking in Florida REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES X NO WHAT FUNDS OR ACTIVITIES ARE Technical assistance is requested since we are planning a Power Point REQUIRED TO MEET THIS REQUEST? Presentation Transmitted to Administrator Via: Interactive Web Form COUNTY ADMINISTRATOR: ,01.t _As you are probably aware,our Joseph A.Baird , Florida legislature has proposed bills that would allow fracking in5 MEETING DATE: July 7,201 7,17/1 Florida. I am one of many people who are concerned about this and 101 PubMed v I By �� ""' `"— � � � .�. Gc;auty Clar Abstract F I text links 1, 15x fora Sci Total Environ. 2012 May 1;424:79-87. doi: 10.1016r.scitotenv.2012.02.018. Epub 2012 Mar 22. Human health risk assessment of air emissions from development of unconventional natural gas resources. McKenzie LM1, Witter RZ, Newman LS, Adgate JL. Author information Abstract BACKGROUND: Technological advances (e.g. directional drilling, hydraulic fracturing), have led to increases in unconventional natural gas development(NGD), raising questions about health impacts. OBJECTIVES: We estimated health risks for exposures to air emissions from a NGD project in Garfield County, Colorado with the objective of supporting risk prevention recommendations in a health impact assessment (HIA). METHODS: We used EPA guidance to estimate chronic and subchronic non-cancer hazard indices and cancer risks from exposure to hydrocarbons for two populations: (1) residents living >'/2 mile from wells and (2) residents living <_ '/ mile from wells. RESULTS: Residents living <_ %2 mile from wells are at greater risk for health effects from NGD than are residents living >1/2 mile from wells. Subchronic exposures to air pollutants during well completion activities present the greatest potential for health effects. The subchronic non-cancer hazard index(HI) of 5 for residents<_ '/2 mile from wells was driven primarily by exposure to trimethylbenzenes, xylenes, and aliphatic hydrocarbons. Chronic His were 1 and 0.4. for residents < '/2 mile from wells and >'/2 mile from wells, respectively. Cumulative cancer risks were 10 in a million and 6 in a million for residents living 5 I/2 mile and >'/2 mile from wells, respectively, with benzene as the major contributor to the risk. CONCLUSIONS: Risk assessment can be used in HIAs to direct health risk prevention strategies. Risk management approaches should focus on reducing exposures to emissions during well completions. These preliminary results indicate that health effects resulting from air emissions during unconventional NGD warrant further study. Prospective studies should focus on health effects associated with air pollution. Copyright©2012 Elsevier B.V. All rights reserved. PMID: 22444058 [PubMed - indexed for MEDLINE] • 1 ,'• y e-1 b ^y meq+ 11.0 `'.4 5i!iifliJ at 11 Iv ! I ,Ey �C ri w +, . f111414113 • • I Al .. °�,N Vii. e ts.0 a' � ifiris .6 '1 q 13.: I. f la a g I a . ., - — tb t la no 0 4.... . -6 4.irgiiii-sksEiv . . Iii 1 • Ns ;:lifillgi - - 1 a gli I 4 r. - latill 188111 exit ill I ' lag P 'Ile°Ier' ./. s -. 4sg- 011140 21- 6 .1 '4., II ;kr* te t ' ' i_.-..:-,:•.;:-.g - � . 4,4 � Y S� a Vis p.. .7„..,,__7,-.4.-: '2 $ k .:r < ri sS .,. x ,„,.:_.:::_,,,,:, ..,_ ,.,.-.,..1:;',:i-i-k-..,,,t14-j''17111';'i.l= i: ..''.--„- -',:f.':';'!'.--.A.T-ii• ',--; -,-1- -. --;:;.,7-i,• .:,..--:. ....t. 1,47 fir--.,:--.)!.#.. ,:-:,„,-,„,-(1:2..,-.-;:„,.-.;:z-- } Yk .G`.'. m 3.4 .: t� :- . 4 ,:,,.,:,_.,:„„.•.,.„...._:_,._,.._ _. ,.„ '''•1-- 'Alf-t---- ' 0 s . - ti 0 - hi' • .ett 1 :itDJtIttIiii!!J1 ` i•C 1 ed Ii:hh1I1UIuii1 Ib :1ot� 31ti+ �r1Ulifildhli p • 1wMdyyyv �O� ,bOp^ O�,. WWg �; iOgo o ;;Vl'' o i • i•o a° p .reg p tidftthh1IIIilh1PI1I11H i. IP-B Olt "C3 .suz m. trol.But nothing in the bill would change that requirement or fracking and conventional petroleum drilling(and coal min- prevent insurance companies from covering non-prescription ing),in which case natural gas is an attractive option.As we birth control. It would,however, save women from unneces- have heard in another context:The debate is over,and the sci- sary doctor's visits and likely drive down the cost of the drugs. ence is settled. It also dramatically undercuts the Democratic case that Re- publicans are hell-bent on banning birth control,which seems • One week after the Supreme Court tightened the rules gov- to be the real objection. erring the,prosecution of those who make threats online, the Department of Justice decided that it would be a swell idea to •It is being called"Cyber Pearl Harbor."Sometime in early go after the commenters at Reason.com for having"threatened" 2014 (or possibly earlier), Chinese hackers breached the a federal judge.Certainly the offending comments are unpleas- information systems of the Office of Personnel Manage- ant."Its[sic]judges like these that should be taken out back and ment, the federal government's HR department. For more shot," one example reads. Another, in response, asks, "Why than a year they were able to peruse OPM's systems unde- waste ammunition? Wood chippers get the message across tected,collecting mountains of data—among which are SF-86 clearly.Especially if you feed them in feet first."But unpleasant forms. The 127-page Standard Form 86 is,the questionnaire does not mean illegal, and the two should not be mistaken. filled out by anyone applying for a national-security clear- Indeed,not only does existing"true threats"doctrine make it ance. Gambling habits? Trouble paying bills? Adulterous clear that hyperbole such as this is protected by the First liaisons? It's all in SF-86 forms—along with a whole lot of Amendment,but,even if these remarks were deemed to cross other precious data: Social Security numbers, health insur- the line, there would be no feasible way that the DOJ could ance, life insurance, pension information, address, etc. J. demonstrate that their progenitors were serious.What the fed- David Cox, president of the American Federation of eral government can do, however, is to tie up everybody Government Employees, suggests the magnitude of the involved in months of legal discovery and hit anybody it dis- hack:"We believe. . .that the hackers are now in possession likes with a series of grand jury subpoenas. Once again, the of all personnel data for every federal employee,every fed- process will serve as the punishment. eral retiree, and up to 1 million former federal employees." And John Schindler, a former NSA intelligence analyst and ■ The College Board has established a new framework for counterintelligence officer, writes: "Whoever now holds Advanced Placement U.S. history—a framework grossly OPM's records possesses something like the Holy Grail skewed to the left. A formidable roster of historians and from a counterintelligence perspective."How has the White other scholars have made clear their opposition to this shift. House responded to this unprecedented attack? Said The roster includes those Harvard veterans Stephan President Obama, "We're going to have to be much more Themstrom and Harvey Mansfield. They want a"warts and aggressive, much more attentive than we have been." The all"presentation of U.S.history.The College Board is inter- president,with his enthusiasm for centralization,has some- ested in warts only. times been compared to Franklin D. Roosevelt. In the wake of Cyber Pearl Harbor, the president would do well to be ■ Until recently, aspiring schoolteachers in New York State more like him. took an exam called the Liberal Arts and Sciences Test (LAST).The first version of it,in use since the early 1990s, • The Environmental Protection Agency has spent years was deemed racially discriminatory, so a second one was looking for a reason to throw a wet blanket over hydraulic introduced in 2004, and now that, too, has been ruled fracturing, or"fracking," the modern oil-and-gas-extraction invalid."Instead of beginning with ascertaining the job tasks technique that turned the United States into a net exporter of of New York teachers," a judge explained, "the two LAST petroleum and fueled an energy renaissance in Texas,North examinations began with the premise that all New York Dakota,Pennsylvania,and everywhere else the business has teachers should be required to demonstrate an understanding been permitted to thrive. (New York,under the feckless gov- of the liberal arts."Who came up with such a crazy notion? emment of Andrew Cuomo, has banned the technique.) But The regulations on which this ruling is based not only in its long-awaited report on the matter, the EPA came up assume that teaching skills can be specified precisely and with bupkis, concluding that fracking has "not led to wide- measured with a test;they effectively assume that all demo- spread,systemic impacts on drinking water." Other studies graphic groups have these skills in equal measure, so any have found that fracking is in fact less likely to cause ground- variation in scores between groups proves that the test is water contamination than are conventionally drilled wells, biased. The judge should reflect that condemning a test which is not entirely surprising inasmuch as there is often a because the results are undesired is exactly what bad stu- mile or so of rock between groundwater and fracked wells, dents do. which generally are quite deep. All petroleum extraction brings with it an environmental impact,but the main challenge ■ An FDA advisory panel recently voted, 18 to six,to rec- of fracking—the disposal of contaminated wastewater—has ommend approval of Flibanserin, a drug designed to help little to do with drilling per se, and drilling companies have women with chronically low libido. Flibanserin, which is worked closely with regulators to address that issue through made by Sprout Pharmaceuticals, Inc., has already been recycling. Reasonable adults—a set that excludes Governor twice rejected.In 2010,an advisory committee unanimously Cuomo—understand that as an environmental question the vetoed the drug,and in 2013,the FDA,citing concerns about choice is not between fracking and butterflies, but between potentially dangerous side effects, asked Sprout to conduct 10 NATIONAL REVIEW I www.nationalreview.com JULY 6, 2015 Support for a Resolution to Ban Fracking in Florida State To the: Indian River County Commissioners Karen Hudon What is Fracking? Hydraulic Fracturing, or "Fracking," refers to the process of extracting natural gas and/or oil from tight rock formations below the surface using millions of gallons of water, gases, chemicals, and proppants (usually fine sand) at high pressure to break apart and release hydrocarbons present in the rock. Activities ancillary to this process include other well stimulation methods such as acidization. lots -A-4-1 The Hydraulic Fracturing Water Cycle r ter ,r � n� E g�� Y / kcn 14 R d The Chemicals Used in Fracking • Out of 2,500 hydraulic fracturing products, more than 650 contain chemicals that are known carcinogens. • Most are not biodegradable. #► A 444. • Once they are in the aquifer ` or ground waters, they remain there forever. • The Energy Policy Act of 2005 (aka the Fracking Loophole) removed EPA's authority to monitor fracking. tO(s-A " 2 A Closer Look at the Downside • Water shortages • Holding tank leakages • Well casing failures • Drinking water and irrigation water contamination • Methane gas release . , . • Loss of property valuesr, Water Shortages • Each natural gas well requires between 1 and 8 million gallons of water for fracking. • 10 to 30% of this water is returned to the surface and must be disposed. • Most produced water stays ° below ground where it can �e y lead to irreversible 33 contamination of undergroun• µ aquifers. Photo: "Drinking Water" in Dimock, PA l0(,-R_ 3 Holding Tank Leakages � The EPA estimated upto3700spills �_ above ground per 44 ,.'-,..,,-,--,.,.,--:-.,,-.1--"..,-t.-,...,,f:lz--.f-*rr„,...r4,1..:i,”s'..,-i-.4.,,,,-5-;,-3-,,--('44.7.:-_4-..,,.--,'.-''4'.,-4i-1,k,i,',''...,,,k,-f:,'14.,.,.,,..-.4',''.,..,'4,',,0.,,,7,,;„,„-r,.,,,i..L,,if! year, with some 4 2; rivers and drinking 6 ` water sources y ,,,,,, seriously contaminated. Well Casing Failures Well-casing failure has been studied by the industry. In 2.010, Pennsylvania drilled 1,454 wells, of which 90 failed (6.2%). In 2011, 1,937 wells were drilled and 121 failed (6.2%). This data is for new wells, and well casings are more likely to fail with age. In 2010, Pennsylvania's DEP cited 451 wells with 1,544 violations that harmed water quality. The only safe frack drilling is no drilling at all. /0(,- A-• 4 7/24/2015 Drinking/Irrigation Well Contamination Last fall in California it was discovered that about 3 billion gallons of fracking wastewater was injected into Central California drinking water and farmland irrigation aquifers. They found extremely high levels of the extremely dangerous chemicals: arsenic and thallium. There are no good disposal options for wastewater anywhere, but especially in Florida where our limestone base and the associated geologic features could allow for the upward migration of hydrocarbons and frac fluids. Polluting our waters and endangering our pristine preserves does not make sense in a state where we rely on tourism, agriculture, and real estate to sustain our economy. Methane Gas Release /6&-A - 5 Loss of Property Values • Within a half mile of shale gas wells, properties with private drinking water wells dropped 22% in value (Duke University Study). • Banks are increasingly unwilling to offer mortgages on properties with oil and gas leases. • Most or all homeowners insurance policies exclude damage from such things as environmental contamination. (Insurance Information Institute) What's at Risk In Florida • Drinking Water • ▪ Natural Springs • Offshore Reefs • Freshwater and Saltwater Fishing, including Commercial Shellfish Industry • Tourism • Agriculture and Aquaculture toG-A-6 7/24/2015 Conclusion I ask the Indian River Commission to insist that no harm be done to our environment and economy and thus consider and approve a Resolution to Ban Fracking in Florida such as several counties to the south of you have done or are in the process of doing. The Chemistry (one example) H II I = H H Benzene H H Water /0(f-A-7 Cost to Clean the Water ,,,.,..1L41‘4**,,, "000,200r;vi,,,.,4,,7 4 -8 /049-A PUBLIC NOTICE ITEMS: 7/7/15 ^ Office of f .� ..., --� 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: William K. DeBraal - Deputy County Attorney DATE: June 10, 2015 RE: Public Notice of Public Hearing Scheduled for July 14, 2015 to Consider the Establishment of the Oceanside Replat Street Lighting Municipal Service Benefit Unit and Amending Section 200.07 of Chapter 200, Municipal Service Taxing or Benefit Unit, of the Indian River County Code The Board of County Commissioners will hold a Public Hearing in the County Commission Chambers on Tuesday,July 14, 2015,at 9:05 a.m.or as soon thereafter as the matter may be heard, to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CREATING THE OCEANSIDE REPLAT STREET LIGHTING MUNICIPAL SERVICE BENEFIT UNIT; PURPOSE; LEVY OF ASSESSMENT, ADOPTION OF BUDGET; DISPOSITION OF PROCEEDS FROM THE LEVY OF ASSESSMENT; AMENDING SECTION 200.07 OF CHAPTER 200, MUNICIPAL SERVICE TAXING OR BENEFIT UNIT, OF THE INDIAN RIVER COUNTY CODE OF ORDINANCES; AND PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. /nhm Approved for July 7, 2015 BCC Meeting Public Notice Items Indian River Co. Approved Date Admin. ( 'I `� 4,7 COUNTY ATTORNEY Co.Atty. 11 . Budget 6/ � Department (0 r 6i2t/!e Risk Management — -- 107 PUBLIC NOTICE ITEMS: 7/7115 Office of %O �,. 0ex� 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: William K. DeBraal - Deputy County Attorney DATE: June 10, 2015 RE: Public Notice of Public Hearing Scheduled for July 14, 2015 to Consider the Establishment of the Oceanside Replat Street Paving Municipal Service Benefit Unit and Amending Section 200.11 of Chapter 200, Municipal Service Taxing or Benefit Unit, of the Indian River County Code The Board of County Commissioners will hold a Public Hearing in the County Commission Chambers on Tuesday, July 14,2015,at 9:05 a.m.oras soon thereafter as the matter may be heard, to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CREATING THE OCEANSIDE REPLAT STREET PAVING MUNICIPAL SERVICE BENEFIT UNIT; PURPOSE; LEVY OF ASSESSMENT, ADOPTION OF BUDGET; DISPOSITION OF PROCEEDS FROM THE LEVY OF ASSESSMENT; AMENDING SECTION 200.11 OF CHAPTER 200, MUNICIPAL SERVICE TAXING OR BENEFIT UNIT, OF THE INDIAN RIVER COUNTY CODE OF ORDINANCES; AND PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR A SUNSET PROVISION. /nhm Approved for July 7,2015 BCC Meeting Public Notice Items Indian River Co. A? - •ved Date Admin. 11 4S 7 NTY ATTORNEY Co.Atty. /, Budget �j'�� Department 0 c�Z ' /� Risk Management -- 108 Regular Agenda Item INDIAN RIVER COUNTY, FLORIDA 115 ' DEPARTMENT OF UTILITY SERVICES f1A12111�r„ Date: June 25, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services '' Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AGO Subject: Draft Alternative Water Supply Plan—Phase I Preliminary Evaluation. DESCRIPTIONS AND CONDITIONS: On January 20, 2015, the Indian River County Board of County Commissioners (BCC) authorized staff to distribute Phase I- Preliminary Evaluation of the Alterative Water Supply study to all stakeholders, especially St.John's River Water Management District, and to incorporate their comments in the final report. The study not only evaluated an alternative water supply through a surface water reservoir, it also investigated Aquifer Storage and Recovery (ASR), seawater desalination and an existing well abandonment program. The Board directed staff to negotiate a cost proposal with CDM Smith, Inc. (CDM),to embark on Phase 2: Modeling to determine the available volume of water in the Sebastian River Improvement District's (SRID) canal system. ANALYSIS: A draft of the Phase I-Preliminary Evaluation report by CDM was posted January 21, 2015 on the County website. An electronic copy of the report was also shared with several stakeholders soon after the BCC meeting. Due to the size,the report is made available on the County website under the following URL: ! . ,;,_T r Indian River County Department of Utility Services (IRCDUS) staff and CDM staff met with St. John's River Water Management District (SJRWMD) on February 25, 2015 to discuss their comments/concerns/suggestions on the Phase I portion of the report. Staff also attended the Indian River Soil and Water Conservation meeting held April 14, 2015 to address their comments. At that meeting they offered comments/suggestions verbally and followed those with a written letter to the consultant at a later date. The subject draft has incorporated those comments into an Appendix of the Phase I report. Phase I of the evaluation involved more consultant time than originally anticipated. Some of the additional time is related to attending numerous stakeholder meetings, coordination and answering questions. Those hours are detailed in Attachment 1. The total negotiated cost for the additional work is a lump sum amount of$ 14,750.00 which results a new total lump sum cost for Work Order No.11 in the amount of$85,655.00. Page 1 of 4 F:\Utilities\UTILITY-Engineering\WATER\Alternative Water Supply\2014 Alternative Water Supply\Admin\Agenda-Alternative Water Supply 109 Evaluation-6-11-15.docx The additional phases identified in the study are as follows: Phase 2—Modeling to determine available volume of water in SRID canal system; potentially a pilot study; Phase 3 — Negotiations with the various drainage districts to secure withdrawal permits and pump station/transmission piping ROW; pre-application meetings with regulatory agencies; Phase 4—Negotiations with property owners;final site selection; preparation of purchase agreements; ROW agreements for pipelines; Phase 5—Detailed design of the reservoir or ASR well system, piping and treatment;final permitting; and Phase 6—Construction CDM prepared a draft proposal for the Phase 2 identified above. The proposal identified the following subtask for the study as: Task 1—Data Collection,Compilation and Evaluation Task 2—Field Reconnaissance/Resource Assessment Task 3—Hydrologic/Hydraulic (H/H) Evaluations Task 4—Summary Report Task 5—Stakeholder Coordination Alternate Task—Water Quality Analysis The alternate task identified as Water Quality Analysis indicated on Exhibit A(Surface Water Reservoir Analysis Phase 2) was obtained in an effort to conduct water quality studies in the SRID canals when authorized personnel were onsite conducting the H/H evaluation under Task 3 concurrently. The rationale was to minimize duplicative time and effort. The cost for the alternate task is approximated at $100,000.00. However, after further review staff and the consultant decided that the alternate task may be premature if the H/H evaluation results indicated a lack of supply within the SRID basin for withdrawal. Therefore, this task was excluded from the Phase 2 budget but merely noted in the subject agenda to notify the board of the level of analysis that would be required at some future date when a viable area for the alternative water supply reservoir is determined. Completion of Phase 2 is to be 365-days from notice to-proceed. The cost of the Phase 2 modeling study is$197,490.00. Page 2 of 4 F:\Utilities\UTILITY-Engineering\WATER\Alternative Water Supply\2014 Alternative Water Supply\Admin\Agenda-Alternative Water Supply 110 Evaluation-6-11-15.docx On January 20, 2015, CDM Smith identified potential costs for the following options as shown below: Option Project Comments Additional Capital Costs Capital Cost per No Description Capacity mgd (mgd) 1 Reservoir— As outlined in CDM 5.02 $81,000,000 $16,135,458 Potable Smith Draft Report (December 2014) 2 Reservoir— As outlined in CDM 10.82 $104,000,000 $9,611,830 Ag and Smith Draft Report Potable (December 2014) 3 North Calculated based upon 7.91 $28,503,436 $3,603,469 County WTP physical production (Already Expansion capacity added expended in 2006) 4 North Estimated cost to 6.59 $750,000 $113,809 County WTP amend CUP to increase CUP capacity (physical Increase capacity already in place) The total project cost for Option No.1, Reservoir-potable is a staggering $81,000,000 which is a notable difference per million gallons of water produced when compared to Option No. 4. In addition to BCC's recommendation staff closely looked at Option No.4 due to a short term need and the excessive cost associated with the Reservoir option (Option No.1). The North County Reverse Osmosis Water Treatment Plant Expansion was constructed in 2006 and permitted to operate at 11.44 million gallons per day in 2012. The expansion included constructing additional vessels or skids, but currently at the maximum CUP capacity the plant is only operating at 50% (4 skids). Therefore,to address the underutilization of the North County RO plant and the near future needs of county residents, the most cost effective approach for the existing rate payers (Option No.4) is to utilize at least 75% of the vessels built as part of the expansion. This path is also in line with Policy 3.1 of the 2030 Comprehensive Plan. "POLICY 3.1:The County shall continue to use the Upper Floridan aquifer as the primary source of potable water and use reverse osmosis as the principal raw water treatment method for its regional potable water system. With that water source and treatment method, the county will provide its customers with good quality water that meets the requirements of the Federal Safe Drinking Water Act, Public Law 93-523; the Florida Safe Drinking Water Act,Section 403.850-403.864, FS;Chapter 381, FS;and Rules 62-550,40C-2,40C-3,17-22,and 64E-8, FAC." Page 3 of 4 F:\Utilities\UTILITY-Engineering\WATER\Alternative Water Supply\2014 Alternative Water Supply\Admin\Agenda-Alternative Water Supply 111 Evaluation-6-11-15.docx The one obstacle in achieving Option No.4 is the current allocation of groundwater withdrawals. This is not to indicate that the Department is looking to withdraw more than the total allocated, but to merely have operational flexibility. The Department has and will continue on the path of promoting water conservation through numerous practices, such as the use of efficient appliances and fixtures, education,changes in irrigation practices,the introduction of AMI/AMR metering and automated leak detection technology. Therefore,staff feels it is in the best interest of the rate payers and the County to evaluate the restructuring of the annual groundwater withdrawals through an amendment to the existing Consumptive Use Permit (CUP). The subject undertaking will reevaluate the groundwater model that currently exists. FUNDING: Funds for this project are derived from the other professional services account in the operating fund. Operating funds are generated from water and sewer sales. ACCOUNT NO.: Description Account Number Amount Other Professional Services 47123536-033190 $14,750.00 RECOMMENDATION: Staff request authorization from the Board of County Commissioners for the following: • Recommend Approval of Phase I of the Alternative Water Supply Plan ('1Ittp./7www.ircutii tit um/ALTERNAI I`'E-V. TER.pdf) with stakeholder comments incorporated accordingly. • Approve the attached Amendment No.1 to Work Order No.11 for the additional work completed by CDM and vetted by Utility Department staff for a lump sum amount of $14,750.00 to CDM Smith, Inc. • Authorize staff to negotiate on a cost proposal with CDM to embark on restructuring the existing CUP Permit. • Upon successful completion of the amendment to the CUP Permit and a cost share funding commitment from the district authorize staff to bring forth the Phase 2 portion the Alternative Water Supply Plan to BCC as a separate Work Order for approval. ATTACHMENT(s): 1. Amendment No.1 to Work Order No.11 2. Exhibit A- Draft Alternative Water Supply Evaluation-Surface Water Reservoir Feasibility Analysis Phase 2 Indian River Co. Approved Date APPROVED FOR AGENDA: Administration ¶j 7 //c Legal By: K J ./ j .(15b-4-4 Budget ,011 L Utilities I . b 3 e Joseph A. Baird, County Administrator Utilities-Finance -tS For: 2alg/.7 Date Page 4 of 4 F:\Utilities\UTILITY-Engineering\WATER\Alternative Water Supply\2014 Alternative Water Supply\Admin\Agenda-Alternative Water Supply 11: Evaluation-6-11-15.docx AMENDMENT NUMBER 1 WORK ORDER NUMBER 11 Surface Water Reservoir Feasibility Analysis(Phase 1) 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 4'day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 11, Effective Date ApriI22,2014. 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: ,rWesley S. Davis, Chairman Title: V t c.- 1'f QS re BCC Approved Date: Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk 4-5 Approved: (0;1 h of oseph A Baird,County Adminis rator Approved as to form and legal sufficiency: D T. Reingold,County Attorney 113 EXHIBIT A SCOPE OF WORK INDIAN RIVER COUNTY ALTERNATIVE WATER SUPPLY EVALUATION SURFACE WATER RESERVOIR FEASIBILITY ANALYSIS(PHASE I) AMENDMENT NO.1 PROJECT BACKGROUND In April 2014,the Indian River County(OWNER) Board of County Commissioners authorized CDM Smith Inc. (CONSULTANT)to perform an evaluation of the feasibility of implementing a surface water reservoir to supplement potable water production to meet long-term needs.CONSULTANT delivered a draft of the analysis within 90 days of the authorization,and subsequently performed two significant revisions to that draft.The level of effort to produce the three drafts exceeded the estimate included in the original project budget.The following summarizes the additional efforts by task. The following Scope of Services addresses amended Phase 1 efforts. SCOPEOFSERVICES—PHASE 1 ONLY Consultant will perform the following task services associated with Phase 1 for the development of a surface water reservoir system: TASK 1.0 REVIEW OF PREVIOUSLY PREPARED ALTERNATIVE WATER SUPPLY MASTER PLAN No change. TASK 2.0 IDENTIFICATION OF AND COORDINATION WITH KEY STAKEHOLDERS Task 2.0 initially included 4 hours of coordination with stakeholders,with the balance of the coordination to be conducted by OWNER staff.CDM Smith provided approximately 16 hours of coordination throughout the draft evaluation process.Amendment No. 1 includes provisions for the additional 12 hours of coordination.This effort included additional meetings with the drainage district superintendents,fielding phone calls from various interested parties and coordination with drainage district consultants to obtain necessary information. TASK 3.0 FEASIBILITY ANALYSIS Task 3.0 included a caveat that OWNER staff would provide population projections for use in determining the demand for the 20-year planning horizon.CONSULTANT was directed to the Metropolitan Planning Organization(MPO)and developed the demand projections through calculations based on the MPO's traffic planning units count.This effort required an additional 8 hours of labor. The original Task 3.0 budget also assumed that the agricultural community would provide the long-term demand projections to be used in sizing the potable plus agricultural demand reservoir option. No agricultural demand projections were readily available to be provided for use.CONSULTANT developed the agricultural demand based on the SJRWMD District Water Supply Plan projections.This effort required an additional 4 hours of labor. A-1 ll1657_Ltrwith Exhibits.doc 114 As CONSULTANT was completing the first draft for distribution to OWNER staff,CONSULTANT was notified that the parcel identified should not be the only parcel considered.OWNER requested that CONSULTANT undertake substantial revisions to the draft to incorporate an additional two potential locations.This effort required an additional 16 hours of labor to search ownership information, update approximately 6 figures, update report text and review/revise the cost estimate range.The original scope of services assumed that only a single potential site would be identified and evaluated. Additionally,the initial Scope of Services included approximately 8 hours of labor for the review of Flood Insurance Rate Maps(FIRM)to determine flood zone impacts, if any. Upon evaluation of the FIRM records,it was discovered that the majority of the area under consideration within the SRID was in dispute and no updated FIRM documents were available to make the final flood zone determination. Researching the dispute to complete the evaluation required an additional 4 hours of labor. During the data collection effort, it was determined that a model existed for the SRID(prepared by third party).At the request of OWNER's staff,CONSULTANT obtained a copy of the SRID model to determine if data contained within the model was beneficial for the evaluation.Additionally, staff notified CONSULTANT that a second model for an area of approximately 10,000 acres west of SRID should also be reviewed to determine if additional siting options were available.CONSULATANT obtained and reviewed both models in detail.While the models were ultimately determined to be drainage basin models(no water quality or available quantity data included),the model reviews required an additional 12 hours of labor that was not included in the initial project budget. Last,CONSULTANT initially budgeted for one draft evaluation to be prepared, incorporation of comments received,and finalization of the evaluation.To date,CONSULTANT has provided three draft documents with a final report still pending.CONSULTANT requests an additional 14 hours of labor for incorporation of stakeholder comments, update cost estimates(as needed)and finalization of the analysis. The original Scope of Services did not include specific provisions for reviewing or evaluating Aquifer Storage and Recovery(ASR)as an alternative option.CONSULTANT, however, included information pertaining to the use of ASR wells in lieu of(or in addition to)an open reservoir system.This evaluation included development of proposed well size,well locations,associated costs and regulatory viability. The inclusion of the ASR evaluation required approximately 24 hours of additional labor.CONSULTANT is not seeking additional funding for this effort.CONSULTANT believes that an evaluation of this nature would not be technically complete or comprehensive without inclusion of ASR as an option. TASK 4.0 REQUEST FOR FUNDING ASSISTANCE FROM SJRWMD No change. TASK 5.0 MEETINGS WITH INTERESTED PARTIES AND REGULATORY AGENCIES CONSULTANT has completed all meetings and presentations to date within the original budget estimate. CONSULTANT is requesting an additional 12 hours of labor to accommodate preparation for and participation in a workshop with BOCC and stakeholders to address comments received on the draft report(not anticipated in original Scope of Services). TASK 6.0 PROJECT AND QUALITY MANAGEMENT No change. OTHER SERVICES NOT INCLUDED IN THIS INITIAL SCOPE OF SERVICES No change. A-2 ul6S'—«rwith ExhIbits.doc 115 COUNTY RESPONSIBILITIES No change. TIME SCHEDULE No change. COMPENSATION Compensation information is provided in Exhibit B. A-3 ill 57 LtrwthExwbltsd« 116 EXHIBIT B FEE SCHEDULE PROFESSIONAL SERVICES FOR ALTERNATIVE WATER SUPPLY EVALUATION SURFACE WATER RESERVOIR FEASIBILITY ANALYSIS(PHASE I). AMENDMENT NO. 1 For invoicing purposes,a summary of fees by task is provided below.The Consultant will invoice the County monthly on a time and materials basis for costs incurred during the billing cycle. Task 1 Review of AWSMP $ 0 Task 2 ID of and Coordination with Key Stakeholders $ 2,160 Task 3 Feasibility Analysis $ 10,350 Task 4 Funding Assistance SJRWMD $ 0 Task 5 Meetings $ 2,240 Task 6 PM/QC $ 0 Labor Subtotal $ 14,750 Other Direct Costs $ 0 Total $ 14,750 • B-1 jj1657_LtrwkhExhibits 117 EXHIBIT A INDIAN RIVER COUNTY ALTERNATIVE WATER SUPPLY EVALUATION-SURFACE WATER RESERVOIR FEASIBILITY ANALYSIS PHASE 2 May 14, 2015 This Authorization,when executed,shall be incorporated in and become part of the Continuing Contract Agreement for Professional Services between the Indian River County Department of Utility Services (OWNER), and CDM Smith Inc. (CONSULTANT),dated December 6, 2011,and the Extension and Amendment of Continuing Contract Agreement for Professional Services,dated November 4,2014, hereafter referred to as the Contract. PROJECT BACKGROUND In April 2014,(OWNER)authorized CONSULTANT to perform Phase 1 of the Surface Water Reservoir Feasibility Study.The final draft of that evaluation was completed in early December 2014,and is currently under review by the OWNER and stakeholders.At the January 20,2015 Indian River Board of County Commissioners(Board)meeting,the Board directed staff to develop the scope of services for Phase 2,which includes data collection and stormwater modeling to determine the quantity of water available in the surface water network within the Sebastian River Improvement District(SRID).The Study Area is shown in Figure 1.The following is the detailed scope of services for Phase 2. SCOPE OF SERVICES TASK 1-DATA COLLECTION,COMPILATION AND EVALUATION Subtask 1.1—Model Data Compilation and Review To support the modeling efforts,the CONSULTANT will compile existing data on the canals(L,C, D and Bypass),the downstream location(just south of County Road 512 Bridge)where all 3 canals merge as well as the larger contributing watershed area.Data to be compiled are defined below: 1. The CONSULTANT will prepare a data request to SRID requesting,but not limited to: a. Available measured rainfall,stage and high water mark data for the SRID. b. Existing pumping/discharge records for the SRID. c. As-built details for the control structures. d. Existing stage data. e. Existing groundwater table levels(depth to groundwater). f. Build-out land use conditions. The CONSULTANT will review and evaluate these data to determine their applicability to the development of the surface water model described under Task 3. ATTACHMENT NO.2 With A-1 JJ1646_ExhIb4tA.dooa 118 3 � 1 �1 ��"��s, {{.aJ'iyaf��Q� i...� !~ i,� 'o 1'x ?r'�o , v .-' ....../ 1l'" 'fes �'YH•'- 0/6f.4'1,, t 1�I�.y� :7 '� t 9f, _ , • yti ` ' t'^1f r,',+.,ray 4w�. § ',;17:,-.2- #°r w "s t21111..•570°..t iffir ,,:,..4...:4 :YN. • ^c..,-„.nye i •,../ f ,��.1 -1411:95ST ®1 .s ts1 .df'g-I ' ;;..'•x.„...1114 i# ... i f# #y,. i " '1 1s « ,/-_A-11..„ `"y n {. ; air , .v , 1.. ✓( v �, , s t le 4r��▪c- �a• •♦F; , .STi... 1 .-'. :, ♦ \ frc * �rf.n�3L��."� 40 i131,,t--,'1 '�' �O. Sw,�.'+`•' iY1M/"T•' �,s 1' .''�. b Y<[-g�S� t ,'& r '' .r 31<\'' + ' A- _-_' i�t�1 '�' . ar.', hrr .r1141(k1/;n f aligg:: '' = CO � i' r(Fpit, . 4ihr 2:i'K :iitStin_IS�j ! ' 510 .t ,: !C r'11' 1 1$11' Gia 1 ,° jai1 " tgo ` 72 *i-0,71??:;!*4., c _',.. k 46 it t �.. , 1 tsiet,a 1,t !L' -t 1 , ---1,--� .i Ot t' F rn T ,, !a 4- Y 4!ID 69S iA }wa.�.. 4 - 1R� h 65 sT w i' • ST , -_, 'l--"" tT t *1 'I v ♦ .• f d -^7-^-A ' i,. Y 1 t`1111 • .F• 'ia ,-;-, , . - . „. _,1 ',, i . -,.,:lar,',. . . _,,L., '...,, atI,-.1-.‘,1': , --;—:p.....2/ - - , — - ` W_,L` E r .' }cam 1 _w i { '4 } it-9ST E fir, i} 7t ..4:4' f°" ' a w•it ' 5 r'. 2, 0 3,000 6,000 ,— !%'.'1,` ` .• t . g Feet t ; + _ __{_ !IsT, , j ' ,- �, ,� _ Legend y iSRID -.fl, a f ..;,:,„t b .� -, t. SRID Canals .+ 4' L SRID Structures s 3fai `3 •, 8 t ' - Brevard ilitit ��Interstates 1 Major Highways _ 'a �to► R f;,', L Major Roads 141 t .. ! 44 / i ,�+s_ '.irt.: al �. Indian RiNi k 1 #. d� r 11 i„ Lakes 'i•.. it r+ira..44 4.201T 'a. g : Intercoastal Waterbodies ° ,i- *y �, �--'1- I }.+ f r Okeechobee Rivers,Creeks,and Canals k '. , +1,►� r+•x, ,iii 4 s6ii. 16 sT! St.Lu161\ W wl Wetlands,Marshes,and Swamps ° ' ESQ 'ore.: c �3r5 Jif '� ?�`r\ t 41 t 'fir!` 'r.1� ^ yu1 �i!F� rti4ft?? CDM Indian River County Figure 1 smith Alternative Water Supply Evaluation Project Area Surface Water Reservoir Feasibility Analysis(Phase II) 119 2. The CONSULTANT will compile, review and analyze the following data for its use as it relates to stormwater model development described under Task 3. a. Topographic data(1-foot contour)for the study area. b. Indian River County future land use data. c. Hourly rainfall and annual evaporation records for up to three gages available from the National Climatic Data Center(NCDC). d. Available hourly stream flow and stage records for the United States Geologic Survey (USGS)gage on the Sebastian River. e. Existing minimum flows and levels(MFLs)determined by St.Johns River Water Management District(SJRWMD)for the Sebastian River. f. Available existing hydrologic or hydraulic(H/H)models(e.g., ICPR, HSPF)for areas covering, adjacent to,or downstream of the SRID. g. Indian River County Flood Insurance Study(FIS)and digital flood insurance rate maps (DFIRMs). Subtask 1.2—Field Monitoring The CONSULTANT will collect physical data for each canal (L,C, D and Bypass),as well as at the downstream location(just south of County Road 512 bridge)where all 3 canals merge.The CONSULTANT will subcontract with Carter and Associates,Inc.(CAI)who will perform the field monitoring and collection of survey data to define the geometry for each of the lateral canals(one cross-section at each of the four canals). CAI will also collect continuous stage data at each of the three outfall structures controlling flow from the lateral canals.Additionally,velocity and elevation data for Lateral D will also be measured as this is an un-controlled channel.These data will be collected over a time period of approximately 4 to 6 months(to capture dry and wet season periods).CAI will also collect rainfall data from a local rain gauge for the same time period.The CONSULTANT will perform coordination with CAI throughout the monitoring duration. The CONSULTANT will review stage, velocity,flow and rainfall data collected by CAI to confirm that it meets the thresholds of the monitoring equipment and that it does not contain anomalies that may affect its validity for subsequent use in surface water modeling(Task 3). The CONSULTANT will use the measurements(velocities,stages) collected under Subtask 1.1 to calculate flow at each of the control structures and Lateral D. Subtask 1.3-Data Evaluation and Summary To further support the modeling effort described in Task 3,the CONSULTANT will summarize the available data provided by the OWNER,obtained from regulatory agencies,or collected in Task 1.1.The CONSULTANT will evaluate the above data and summarize potential data gaps,recommendation for data gap resolution,and the data that will be incorporated.The CONSULTANT will prepare a summary of results in a draft Report Section with supporting graphics and tables which will be provided to the OWNER for review.Any additional data collection needs will be negotiated under separate cover and are not included in this Scope of Services or corresponding budget estimate. TASK 2-FIELD RECONNAISSANCE/RESOURCE ASSESSMENT The CONSULTANT will supply two personnel to complete a limited one-day field review of the canal system(specifically in the vicinity of the cross sections/data collection locations)to observe existing conditions.The CONSULTANT will rely on existing information (Task 1)to the extent possible, but may use additional observations made at the site to supplement information already documented.The CONSULTANT will take photographs and document the results of the field review in a draft Report Section.The OWNER will assist the CONSULTANT, if needed,with obtaining access to the site from SRID in order to conduct the field review.The CONSULTANT will also set up a teleconference with SJRWMD to With A-2 pisec_Exewn n.ao« 120 discuss limitations,if any,with reducing long-term flows downstream to the Sebastian River. TASK 3-HYDROLOGIC/HYDRAULIC(H/H) EVALUATIONS Subtask 3.1-H/H Modeling Approach The CONSULTANT will use the data obtained in Task 1 and review of existing H/H models developed by others(previously provided to the CONSULTANT by SRID)to develop a modeling approach to estimate long-term flows and available water supply volumes within the SRID lateral canals.The approach will identify specific tools,existing models and available data to be used.This is expected to be use of the Hydrologic Simulation Program—FORTRAN (HSPF)for hydrology(developed by the SJRWMD)coupled with the hydraulics layer of the US EPA Stormwater Management Model(SWMM)using hydraulic data from the Indian River County ICPR model(originally developed by CAI).This anticipated approach is also consistent with similar with other H/H evaluations performed by the SJRWMD.As part of this task,the CONSULTANT will also meet with a SRID representative to discuss and confirm the operation of the existing control structures.The CONSULTANT will summarize this approach in a draft technical memorandum to be submitted to the OWNER and SJRWMD for review and comment.The CONSULTANT will address review comments on the modeling approach and submit a final technical memorandum to the OWNER and SJRWMD prior to initiating the H/H modeling. Subtask 3.2-Long Term Continuous Simulation Model Using the approach documented in Subtask 3.1,the CONSULTANT will develop the H/H model using HSPF and SWMM as the anticipated modeling software. The CONSULTANT will use information from H/H models developed by others to develop the long-term continuous simulation model(s).The CONSULTANT will convert the hydraulic information from the ICPR data so that it is compatible with the SWMM data input platform.The CONSULTANT will simulate existing stages and flows within the SRID lateral canals(Laterals L and C)for a time period of up to twenty years(long term continuous simulation)to define hydrologic performance under typical conditions within the SRID under existing conditions over a representative period,as recommended by the CONSULTANT.The simulation will also include the Bypass Canal,which connects to the Lateral L,as well as Lateral D located along the western edge of the SRID(the latter of which currently is not interconnected with the other SRID laterals). Subtask 3.3-Model Validation The CONSULTANT will use the measurements(velocities,stages)and flow calculations from Subtask 1.1 to compare the results of the H/H simulation in Subtask 3.2 to these measured values for validation purposes. Based on the results of the comparison,the CONSULTANT will make adjustments,as necessary,to the model parameters to achieve comparable results. Subtask 3.4—Future Land Use Evaluation The CONSULTANT will apply the validated model developed under Subtask 3.2 for up to one future land use scenario to determine if future growth and proposed planning in the watershed have an impact on potential upstream surface water volumes. The CONSULTANT will coordinate with the OWNER to identify any planned upstream alterations to the conveyance of surface waters. Using the validated model from Subtask 3.2,the CONSULTANT will modify the hydrologic/hydraulic input to reflect future conditions(i.e.,land use, planned alterations to routing of surface waters).As the exact level of detail may not be available,CONSULTANT will use the best available information to modify the hydraulic representation in the H/H model based on the planned alterations. Hydrologic modifications to the model will also be made based on an agreed upon planning horizon with the OWNER. Using the H/H model results,the CONSULTANT will estimate the quantity of water available in the surface water S111fgt A-3 uibab_Exnieic A.docg 121 network for the future land use scenario. Subtask 3.5-Statistical Analysis Using the results of the long-term continuous simulation,the CONSULTANT will perform a limited statistical analysis on the potential availability of surface water for existing and future.The statistical analysis will provide information on the potential reliability of available water over a range of values (e.g.,yield with 75 to 100 percent confidence intervals) based on the 20-year simulation of flow within the system for both the existing and future land use scenario. TASK 4-SUMMARY REPORT Subtask 4.1—Draft Summary Report The CONSULTANT will prepare a Summary Report documenting the results of Tasks 1,2,and 3.This will also include recommendations on the feasibility of pursuing the next phase based on the volume of available surface water within the system.The Summary Report will be submitted to the OWNER for review and comment. Subtask 4.3—Final Summary Report The CONSULTANT will prepare a final Summary Report documenting the results of Tasks 1,2,and 3 and addressed comments provided by both the OWNER and stakeholders(Task 5). Upon receipt of comments,CONSULTANT will finalize the report and deliver a digital(pdf)copy of the final report. TASK 5—STAKEHOLDER COORDINATION It is anticipated that there will be coordination with stakeholders regarding the review of the Summary Report. The CONSULTANT has budgeted for up to 3 stakeholder meetings (specifically with St.Johns River Water Management District,the Soil and Water Conservation District,and the Agricultural Advisory Committee)to discuss findings and answer questions.The CONSULTANT will also document the anticipated response to comments submitted by the additional stakeholders identified in Appendix B of the Phase 1 Summary Report. TASK 6-PROJECT QUALITY MANAGEMENT/MEETINGS Activities performed under this task consist of those general functions required to maintain the project on schedule,within budget,and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards and OWNER's expectations.Specific activities included are identified below: Subtask 6.1-Project Kickoff and Progress Meetings CONSULTANT will prepare for and conduct a kick-off meeting for the project.The CONSULTANT will attend 12 monthly progress meetings during the estimated 12-month project duration.The CONSULTANT will prepare and distribute a bullet point summary of each meeting as appropriate.The CONSULTANT will also provide bi-weekly reports to the OWNER project manager that briefly summarize work progress and issues encountered to date on the project.This task also includes internal team meetings. ier ith A-4 0646_ExN6k A.docx 122 a Subtask 6.2-Quality Technical Review CONSULTANT maintains a quality management system program on all of its projects.An internal project planning and scope review session will be conducted at the start of the project.This action is required by CONSULTANT's quality management system guidelines.Technical Review meetings are budgeted for and will be performed to review various milestone submittals. DELIVERABLES • Draft Summary Report Section summarizing data collected under Task 1 including a summary of data gaps and recommendations. • Draft Summary Report Section summarizing site conditions and limitations,if any,on decreasing flows to the Sebastian River under Task 2.0. • Technical Memorandum summarizing modeling approach under Subtask 3.1. • Summary Report(draft and final)summarizing data collection efforts, modeling approach and results,as well as recommendations for next steps. ASSUMPTIONS • The H/H modeling performed under this scope of work will determine if there is sufficient surface water available(potential yield)for the SRID needs,Sebastian River MFLs and potable water supply purposes. • The firm yield for water supply purposes would be determined in a future phase of work examining surface water availability over time,the volume of the reservoir,climatological factors,water demand and reservoir operations. DATA TO BE PROVIDED BY OWNER/OTHERS • Available stage and velocity data. • Available survey data for canals and control structures. • Other data from SRID as requested in Subtask 1.1. PAYMENT AND COMPENSATION TBD(to become Exhibit B in Final Version) PROJECT SCHEDULE(to become Exhibit C in Final Version) The following project schedule has been developed based on approval of this Task Order is received on or before Task and Description Estimated Time of Completion (calendar days) Task 1—Data Collection,Compilation and Evaluation 180 days from NTP Task 2—Field Reconnaissance/Resource Assessment 60 days from NTP 120 days from receipt of data in Task 3—Hydrologic/Hydraulic(H/H)Evaluations Subtask 1.1 Task 4—Summary Report 300 days from NTP Task 5—Stakeholder Coordination 330 days from NTP Task 6- Project Quality Management/Meetings 365 days from NTP VAlai A-5 B1646_Exhlbl A.docx 123 ALTERNATE TASK-WATER QUALITY ANALYSIS(not budgeted As part of the overall feasibility analysis,the OWNER may consider collection of water quality data during this phase or in a future phase. Under this task,the CONSULTANT will collect and evaluate the following data: a. One water quality grab sample at each of the four cross section locations(at surface, mid-water column depth and bottom)to be analyzed for: Primary Drinking Water Standards Secondary Drinking Water Standards Section 62-550.513, Florida Administrative Code(FAC),Table 1 (metals) Section 62-550.513, FAC,Table 5(pesticides) Section 62-550.515,FAC,Table 4(volatile organic compounds) Section 62-550.520, FAC,Table 6(inorganics) Alkalinity Bromide Dissolved organic carbon Hardness Total organic carbon Total suspended solids Field Parameters: DO, pH,turbidity,conductivity,temperature The CONSULTANT will review and evaluate the collected data as it relates to source water treatment requirements.The CONSULTANT will prepare a technical memorandum summarizing the results and conclusions related to water quality treatment requirements for potable use. This task is currently not budgeted. A-6 uiws_Exnwk aao« ���1 124 EXHIBIT B FEE SCHEDULE PROFESSIONAL SERVICES FOR ALTERNATIVE WATER SUPPLY EVALUATION SURFACE WATER RESERVOIR FEASBILITY ANALYSIS(PHASE II) For invoicing purposes,a summary of fees by task is provided below. The CONSULTANT will invoice the OWNER monthly on a time and materials basis for costs incurred during the billing cycle. Task Description Budget Task 1 Data Collection,Compilation,and Evaluation $ 20,830 Task 2 Field Reconnaissance/Resource Assessment $ 7,860 Hydrologic/Hydraulic(H/H)and Reservoir Task 3 Alternatives Evaluations $ 83,250 Task 4 Summary Report $ 24,340 Task 5 Stakeholder Coordination $ 11,060 Task 6 Project Quality Management $ 20,400 Labor Dollars Subtotal $ 167,740 ODCs $ 2,500 Outside Prof(Carter&Associates, Inc.) $ 27,250 Total $ 197,490 125 0 01 N IA M N N N h r N N N O. O N14 h v. o IA .p-1 in m in ..4 .moi vp1 In to N N u N aA N Vi Vi Vi N Vl O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 M N CO 0 ID N CO .0 N tO N V O ct ID 0 ID co.. 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VI .-1 N .i .-1 .4 M M M M M Y Y Y -IC 0 a s N N M a in ID fa 01 VI 0 N "" to �°VI III f° 10 N -%a O ID �Ipp 11C -V N N N N N to .0 a .0 N N .0 -0 .0 .0 .0 N .0 M I0 N v1 40 7 7 7 to Of 7 7 7 7 7 0 7 7 01 W F F F F f_ 10 f- 10 fa 10 fa 1- Vl 1/1 In f I- to N to to N H N N f F 126 Indian River County Department of Utility Services Alternative Water Supply Evaluation Draft Surface Water Reservoir ' -, Feasibility Analysis Summary of Comments Received CRAFT ty. litak ,,.. .,a. ,. CDNI Smith. Background January 20, 2015: Previous Presentation to BOCC January 20, 2015: Staff published Draft Study on County webpage February 24, 2015: Staff distributed request for stakeholders to submit written comments by March 6, 2015 March 6, 2015: County sent well abandonment program letter to SJRWMD March 9, 2015: CDM Smith and staff attended SWCD Meeting April 17, 2015: Final comments received from stakeholders June 2, 2015: Well abandonment program funded ($20k/yr sharing) smith 7/24/2015 Project Phases - Revised Phase 1 — This evaluation (comments discussed today) Phase 2 — Modeling; potential pilot study (draft scope today) Phase 3 — Negotiations with drainage district(s); preliminary permitting (local and state) Phase 4 — Negotiations with property owners; land acquisition Phase 5 — Final permitting and design Phase 6 — Construction Smith Key Assumptions Proposed surface water treatment plant to be co-located with North County WTP (no siting for new WTP included) Route piping along CR510 and 77th Avenue to take advantage of existing ROW Adequate water available in SRID to supply system (Phase 2 modeling needed to confirm) Smith ' -A- 2 7/24/2015 Existing Conditions SRID canals flow from south to north Lateral C is main canal Withdrawal points ideally located just upstream (south) of control structures Desired vicinity maximizes drainage area captured North County WTP in close ® . proximity v Smith Reservoir Sizing 2035 Urban Service Area Population = 150,686 110 gallons per day, per person for planning purposes Resulting 2035 demand = 16.58 million gallons per day Current CUP = 12.84 mgd; Shortfall 3.74 mgd With 10% redundancy, reservoir size for potable = 5.02 MGD 2035 Agricultural demand = 5.8 mgd (from SJRWMD Water Supply Plan) Smith 7/24/2015 Meo wle hM Intk•SYYry Oarwd M502n411 Required Acreage N, 1 r Reservoir size, including peaking factor, 1 rI 10% buffer for perimeter roads and a. �- Ana el ads.not kw*lawa4 setbacks (10 ft. side water depth): L Venn `"•MN • '"�! .tonal.yer..MMaOaaaW W WNW old /nS11uINy0wW M1..tl M.y 64 acres for potable alone 132 acres for potable and agricultural • s.w.ww >n �s«w o�.., .ww�am n, Ana N Iwa.wk r a oratl n M Maw LM4 *Maly lot 1,11 aoll$1•01 .Maw bMY wry.carrw.r.r.lanawyn.raeanM..•9 CD th 1 n 1 1 1 - • • • Csnaptial Pipe tavola lot the Central Mama*. cs ► A- 4 7/24/2015 Pollutant Load Reduction Table H TN and TP Load Reduction Estimates De m,anC from Rrervoir 3 74n,, 5.02 mgd I 10 b2ngd Average Flow Diverted to Reservoir(mgd) 4.3 5.1 110 Average flow Diverted to Reservoir(ac-ft/yr) 4,817 5,712 12,322 Average 5148 Outflow(mgd) 0.6 0.1 0.2 Average Spin Outflow'(+c-ft/yr) 672 112 224 %Wad Removal 54 73 97 TN Load Removal Ob/yr) 20,995 28,369 37,781 TP Load Removal(b/ye) 2,631 3,556 4,735 Notes: %bad reveal n calculated laud on an average annual flow of 7,692 ac-ft/yr. Table i-S Estimated Cost per Pound of Nutrients Removed Dcma��rrn-, rocas rR„.ai.,,,. i/m Sim R c,c•var annual cos: 1N Rem owed rC Removed (mgd AD, (S M1M1I on,) 3,74 7.1 338 2,699 5.02 8.0 282 2,250 10.82 9.5 251 2,006 Smith Aquifer Storage and Recovery .- e.u+.. sem,. - 4■ 4...... c��c��c .a.w.... a,.a %/tit///O/�;d il y.,•aw.auRso OYDWOO21•amaOM.fla.ar..ra Smith t16•A. 5 7/24/2015 Conceptual Project Cost Estimates nern.Ind 1,1111 RC5,VOIr totallent Total Unit (inclADF) Capital Cost ArInual Capital! Annual Total Eqiii,olent proiltjoo Annual Cost Cost O&M Cost' Cost' ($ ($/1,000 sal) 3.74 80 4.9 2.2 7.1 5.17 5.02 81 4.9 3.1 8 4.37 10.82' 104 6.3 3.2 9.5 2.41 5.02° 80.0 4.9 3.6 8.5 4.61 1 ot,,l,qup.,1it mclud,antatahted cAplt,1 cc,,plusOF,N1 c,ts productIon co,t1,qual tniot,1EquIvalent Annual cr:st dmded by t1,11arld fr,r-nr, L3ser.;o',MI drat,of,1,11,wr, v,te0 ,`,,,,urnes,:mculturapartInn of th,totAl demand 15 rTIsi.',D1)a not treated for pot3131,use irernAmder jjl502 rr,0c1,0F) estimate dces rInt,r1,11Acie purnpin-,;and transmis,on to the lculturolend us,rt ask finished watermthrhemral pretreatments,t,r, Current Unit Production cost is $2.20/1,000 gallons CDM Smith Stakeholder Comments Received IRNA: Proceed with the implementation and construction of an alternative, new source for water supplies, regardless of housing market. Do not fully discount use of water from IRFWCD; evaluate further in Phase 2. Appropriate money in the county's budget for checking on old wells and requiring proper closures. IRNA "supports the findings and intentions, as reported in this Draft, for Phases 2-6 to locate and construct alternative water resources for this county." CDM . Smith Pt,•A. 6 7/24/2015 Stakeholder Comments Received (cont.) Graves Brothers "wanted to express our company's interest in working with Indian River County to accomplish this ambitious project. As a stakeholder with property identified in the study, we would be happy to discuss a role in this process at the appropriate time." Parties associated with Liberty Park Property expressed desire to consider potentially combining stormwater system with a reservoir for mutual benefit (nutrient credits). Smith Stakeholder Comments Received (cont.) City of Fellsmere Recently annexed property not reflected in shape files used Potential for County to extend service area to provide service to these areas/develop a utility service area franchise Voiced concern that "the potential water supply may be predicated on run off from properties in their present state that may be diminished substantially through development" of the annexed properties. *Additional discussions with the City will be required to determine if/how to proceed Smith 'al. -A. 7 7/24/2015 Stakeholder Comments Received (cont.) Corrigan The report does not take into consideration the additional 20,000 acres of property which gravity drain into Lateral D. These properties are located within the City of Fellsmere and owned primarily by Corrigan and Ansin. This additional acreage composes more than 65% of the total land area within the entire SRID, and any AWS plans must incorporate Corrigan, Ansin, and Fellsmere. "I fully support water farming and the development of an alternative water supply for Indian River County. I greatly appreciate your consideration of these comments and request the Corrigan Ranch be included in any future AWS discussions." Smith Stakeholder Comments Received (cont.) Corrigan (cont.) *This Evaluation was not intended to identify all basins which drain into the canal system. Phase 2 modeling will incorporate all drainage areas when quantifying available water in the canals, including these properties. CD th i At •A. 8 7/24/2015 Stakeholder Comments Received (cont.) Lex Krumhout Based on family's water farming history, the size of the reservoir and water height proposed are inadequate to provide meaningful water supply during dry period. Evaporative losses and seepage pose problems with proposed configuration. *Size was modeled based on specific soil conditions, berm construction techniques, evaporation/transpiration/seepage calculations and best engineering practices. This methodology has been used successfully throughout the state and industry. This will be re-visited if/when a specific site is selected to reflect actual conditions. Smith Stakeholder Comments Received (cont.) Lex Krumhout Proposed system will not reduce total outfall to Indian River Lagoon. *every drop diverted reduces outfall to Lagoon if water is properly stored. Invest in County-wide hydrological groundwater study to identify leaking wells and shallow aquifer recharge areas. *A comprehensive, County-wide study is the ideal goal; however, the undertaking is costly and time-consuming. This is an excellent long-term objective. Smith tic. •P.9 7/24/2015 Stakeholder Comments Received (cont.) Lex Krumhout (cont.) Until county-wide evaluation including all water control districts can be funded, consider: redirecting this funding to encourage drought tolerant landscaping and conservation; pressurize reuse and use proceeds to fund alternative water supply; encourage private water farming; and Offer mobile irrigation lab to make better use of fresh water supplies. *County promotes conservation (<90 gpcd reflects that) and reuse expansion; MIL's offer benefits but require funding. CD th Stakeholder Comments Received (cont.) Lex Krumhout (cont.) Before investing in this project as proposed, County should consider a system expanded to include inter-basin/district connections, water farming options and greater conservation effort more fully. *Private water farming poses challenges when placing critical utility infrastructure on property not owned by the utility; increases infrastructure costs by requiring additional piping to transport water from multiple sites to the WTP; limits utility's ability to protect and maintain the water supply to utility standards. Smith 7/24/2015 Stakeholder Comments Received (cont.) Lex Krumhout (cont.) If County proceeds with project as proposed, county will be funding inadequate study that limits farmers' ability to adapt farming operations because ag water will be limited; water will be redirected to urban needs without compensating farmers. *Locating a reservoir in the northern area identified minimizes impacts to existing upstream users of the runoff Smith Stakeholder Comments Received (cont.) Soil and Water Conservation District Implement MIL Implement aggressive well abandonment program for UFA wells Expand current reuse system Support concept of marketing and trading CUPs; County pays for farmers to abandon ag wells that are no longer in use in exchange for CUP allocation of the well. *Reality of"trading" CUP allocation is not straightforward; there is a benefit to abandoning the wells that could support application for an increase to County's CUP allocation. Smith i-t,•A - 11 7/24/2015 Stakeholder Comments Received (cont.) Soil and Water Conservation District (cont.) Dimensions of proposed reservoir do not seem adequate for ag operations in the vicinity, let alone ag lands east of 1-95. SJRWMD's Water Supply Plan (2013) grossly underestimates agricultural needs. Recommend use of "Tax Assessor's records" and "Citrus Health Response Plan" to estimate needs. *Work Order specifically omitted development of ag numbers beyond those to be provided by ag industry; SJRWMD estimates were most acceptable available at the time. Smith Stakeholder Comments Received (cont.) Soil and Water Conservation District (cont.) County-wide hydrological study strongly encouraged. Consider reaching out to USGS to perform the study and/or fund a graduate and post doc student at a local university to conduct the study. Reservoir construction should be deeper and lined. Lining would also eliminate losses to seepage and mitigate offsite impacts to neighboring farm land. *Lining reservoirs of this size is costly and has historically proven unnecessary. Reservoir depth is limited by ability to store water above the NWL and height of berm. Smith sato• A-12 7/24/2015 Stakeholder Comments Received (cont.) Polymath Consulting (Bob Ulevich) The boundary of the SRID shown incorrectly excludes the portion to the north (approx. 1 mile downstream of CR512 Bridge) Desired Project Vicinity discounts overall value of regional area Evaluation only considers current SRID system configuration and not previously presented concepts Cons presented for a reservoir system (vs. an ASR system) should not be a primary deterrent. Use of IRFWCD water should be re-evaluated; costs of pump station(s) is significant undertaking Smith Stakeholder Comments Received (cont.) Polymath Consulting (cont.) Consider revisiting discussions with SJRWMD regarding regional attenuation system within the Lateral D basin Expand the evaluation (ex. soil survey) westward into Lateral D basin Close communications with local jurisdictions relative to use of ROWs is encouraged to avoid conflicts FEMA/FIRM dispute may have significant financial consequence to the SRID and any reservoir siting Request that a more regional look be taken prior to identifying a desired location. Smith 17.44,- 13 7/24/2015 Stakeholder Comments Received (cont.) SRID District Engineer (CAI) The reduction of the flow of stormwater runoff from the District may result in environmental benefits to the IR Lagoon. Therefore the construction of the reservoir is mutually beneficial to both the District and the County in meeting future water demands and pollution reduction goals. Infrastructure placed in the SRID ROW's must not hinder existing or future drainage capabilities, maintenance activities or other projects. Maintenance of the reservoir and related components will be the responsibility of the County. Smith Stakeholder Comments Received (cont.) SRID District Engineer (cont.) Discharges from the reservoir back into the SRID drainage system must not occur during or immediately after a storm event when the SRID system is recovering from the storm. A permit for the construction of the improvements must be approved by the SRID Board of Supervisors before issuance. Smith 14(-.A•14 7/24/2015 Stakeholder Comments Received (cont.) SJRWMD SJRWMD agrees that County should maximize use of existing WTPs while concurrently developing an alternative for long term needs. Requested letter from BOCC requesting that the well abandonment program be reinstated with funding from SJRWMD (subsequently sent to SJRWMD on March 6, 2015); staff would support this effort SJRWMD not necessarily opposed to use of Boulder Zone as a supply source, but would prefer use of surface water Stated that no RFQ is currently in process for reconnection of the SFWMD canals to the SJRWMD (as previously stated) Smith Stakeholder Comments Received (cont.) SJRWMD (cont.) Staff unaware of pending regulatory changes that will allow inter- basin transfers Demand and populations presented in draft differ slightly from SJRWMD Water Supply Plan; staff now understands the discrepancy Backup/dual sources are permittable under current regulations (provisions for drought conditions); redundant allocations are not. CDM Smith will correct these statements throughout analysis. Staff offered clarifications on current position of statements made in 2007 AWSMP. Smith iaG•A• 15 7/24/2015 Stakeholder Comments Received (cont.) SJRWMD (cont.) "SRID reservoir is a great idea/location for this purpose." "The larger reservoir looks great. Should be some cost-share funding given the IRL benefit in reduced nutrient loading." SJRWMD would not deter County from pursuing Upper Basin storage areas as a source (this was the position of previous staff in 2007) Consider interconnecting the 3 canals (D, C and L) to require just one intake pump location. Smith Potential Options Moving Forward Reservoir and new surface water WTP ASR and new surface water WTP Reservoir and ASR hybrid with new surface water WTP CUP modification to provide operational flexibility of North and South county wellfields to maximize existing infrastructure Meet future demand through increases to UFA demand if available Smith 1A6 •1\-16 7/24/2015 Comparative Costs Option Project Comments Additional Capital Capital No. Description Capacity Costs Cost per (mgd) mgd " ' "=As%utliri din CDM Smitf� ; I` �2 $81000, . f Potable Draft Report(December 2014) 2 Reservoir— As outlined in CDM Smith 10.82 $104,000,000 $9,611,830 Ag and Potable Draft Report(December 2014) 7 91- $28,503 436 $3 603 469 3 ,'�,(North Counter: Calculated based upon ' A read a y V�7`P`Expansion��" pl�ySica(protluction capacity ���,, ,�� �F i ce ` expende �'ti added 2060 do ,. . .� . 4 North County Estimated cost to amend CUP 6.59 $750,000 $113,809 WTP CUP to increase capacity(physical Increase capacity already in place) Smith Next Steps Incorporate BOCC/Stakeholder comments Finalize Phase 1 report Obtain SJRWMD Input on Modeling Approach Finalize Phase 2 Modeling Scope Conduct Phase 2 CDM Smith Q(, .A.17 7/24/2015 CUP Modification and UFA Modeling Scope Prepare and submit CUP modification application requesting operational flexibility to operate north county WTP at full capacity and south county WTP as needed. Complete groundwater modeling of the UFA to determine extents of impacts from operating north county wellfield at design capacity. Continue to monitor offsite impacts of pumping in north county. This option is recommended in parallell with continued investigation of alternative water supply, as encouraged by SJRWMD. Smith Phase 2 Scope Highlights Data compilation and review Collect necessary flow, discharge, usage, groundwater table and stage data; as-built details and build out land use conditions Compile topographic, future land use, rainfall, stream flow/stage (Sebastian River), MFLs, available hydrologic or hydraulic models and IRC FIS and FIRM maps Field Monitoring to collect physical data for each canal and the confluence (survey data, continuous stage data, velocity and elevation on Lateral D, and rain gauge data) for 4 to 6 months (wet and dry season) Smith .A-18 7/24/2015 Phase 2 Scope Highlights (cont.) Field Reconnaissance and Assessment 1 day field visit by hydrologist and modeler to assess existing conditions Hydrologic/Hydraulic Investigations (Modeling) Prepare approach memo for SJRWMD to obtain input and buy-in Run long-term continuous simulation model (20 years) Model validation Future Land Use Evaluation (account for future growth/development) Statistical Analysis (pot. reliability of avail. water over range of values Smith Phase 2 Scope Highlights (cont.) Alternate Item (not included in draft scope): Water quality data collection Summary Report Stakeholder Coordination Determine next steps Smith 1ZI, •A• 19 7/24/2015 Staff Recommendation Recommend Approval of Phase I of the Alternative Water Supply Plan with stakeholder comments incorporated accordingly. Approve Amendment No. 1 to Work Order No. 11 for the additional work completed by CDM Smith and vetted by Utility Department Staff for a lump sum amount of $14,750. Authorize staff to negotiate on a cost proposal with CDM Smith to embark on restructuring the existing CUP permit. Upon successful completion of the amendment to the CUP Permit and a cost share funding commitment from SJRWMD, authorize staff to bring forth the Phase 2 portion of the Alternative Water Supply Plan to BOCC as a separate Work Order for Approval. Smith DISCUSSION aG •A•20 7/24/2015 DE FAH FL)PHASE 2—11 NEEDED 1. Preparation of mars,rb approach terhnicnl memorandum for suhmittal to and rot ie'.!approvai b ``1R':`."AD prior to simmer;r nrodelcng acti:Ices. 2. Un ow already availabl.firm the lo.al ccnrty owners,it is anticipated that surrey services will re r-yuered during this Plrase to identify aitrcaeaeahons,d'Esta ,.es and or operty boundaries-I tre survey data enll be used in denglop merit of the pro,_ct models. .1 st n'nrwater runoff an I routing model ror'.I b:needed to u.sta'.e th. HCH of the SKID cava'''system.Consultant requested and 'ce'i`'ed a copy of the recently updated HS.H model(using the advanced Inter C onnected Carol Routing soft s,are)Rom the water agproognient ristnct for simulating sarace water inflows into the reservoir. rh s H&H model will need to be capable of performing continuous simulations of srrf?ce,rater flow in the canal system over a 2C to 30 year time period to capture low average and high flocs conditions in the sur face waters ploy pr csioin flow to the reservoir.If the SKID H&H model is a storm event based model,the model e+-ill need to be revised by Consultant to simulate continuous tEasys. 4. Upon approval of the approach,Consultant will develop an operations model utilizing STELLA,a widely used systems model for evaluating inflows, outflows and storage components of systems similar to that proposed by the County.The STELLA model will be used to perform a continuous simulation of the proposed reservoir operations over a 20 to 30 year period.The model will account for hlstorrcal rainfall patterns as well as take into account surface water inflows from the SKID canals,evaporation, seepage and other releases from the reservoir (water supply and emergency overflow)on a daily basis over the 20 to 30 year time period. 5. Modeling results will be used to quantify the amount of surface water that can be anticipated during drought conditions,average rainfall conditions and during high rainfall periods.This information will then be utilized to refine the reservoir sizing evaluation performed in Phase 1.The result may be that the size of the reservoir presented in Phase 1 based on the maximum demand(population projection based)would be reduced based on actual, available flow. 6. The modeling summary will be submitted to 51RWMD for review and comment,and modeling will be updated if needed based on comments received. 7- Update recommendcrt -`e rS...d do available flow a h correspcn:'rnz zrcf ccfIrciate. . , Smith Existing Control Structures Source: SRID "11919111.111111111111.11111,11"11111111111111111 Illrler7V4777.7 • ��\ r 1 2-Gate Structure on Lateral L 3-Gate Structure on Lateral C Smith Ia`•A• 21 7/24/2015 Existing WTP Capacity WTP Permitted Concentrate (mgd) Consumptive Use Unusable Capacity 1 (through 2021) Capacity2 (mgd) gj (mgd) Permit Needed Finished (mgd) Allocation Resulting I Limit ' North County 1144 2.03 2.29 6.44 5.15 6.29 i outh Couhtl =-' 07 :" 1.5 171 6,40 5.12 345 Totals 20.01 3.5 4.00 12.84 10.27 9.74 Assumes 83%Recovery;20%Coecentrate 'Capacity restricted by raw water lim tat on 'N.County permit allows for increase to 3.0 mgd upon request to/approval by FDEP To meet 2035 demand of 16.58 mgd with UFA supply, IRC would need CUP Allocation of 20.73 mgd (7.89 mgd shortfall at 80% recovery; 4 wells at 1,400 gpm) Smith Agricultural Demand Table 6-1 SJRWMD Water Supply Plan Demand Summar.;:-.7 Type Category Demand gd) Percent of Total 2010 2035 2010 2035 Agricultural(Table 7 153.27 132.00 87.60 7®� Potable(Table 11) 16.69 22.75 9.54 Golf Course Irrigation(Table 8) 4.92 10.69 2.81 6.44 Commerclal/Industrial 0.08 0.53 0.05 0.32 (Self-Supply)(Table 9) Total 174.96 165.97 100 100 1/3 of 2035 Agricultural Demand anticipated to come from groundwater sources Pro-rating demand by acreage = 5.8 mgd of groundwater in 2035 Smith ( at, A-22 7/24/2015 Aquifer Storage and Recovery Capture surface water, treat and inject into deep aquifer for storage Recover when needed, chlorinate and distribute to customers Minimal losses; high recovery Small surface footprint; minimal land acquisition Protected from surface contamination and threats No wildlife concerns Separation of injection zone from UFA withdrawal and nearby DIWs Smith Aquifer Storage and Recovery 1111.3111 1 cAt. Smith t al. •A. 23 7/24/2015 Pump SW WTP Canal Station Reservoir z______/ Distribution ► Auk V-11 / 0. 11111 System UFA Production Well Nano WTP .'•:. GSTs M —0.ipip __.[:=1 --0.2+* Canal Pump SW WTP ASR __ Station Chlorination � , I► Q .111. ► I 4.= ► • Distribution � System C Legend 1 UFA ► Proposed Production Well Nano WTP `4 GSTs —� Existing —► _. —► �� . \ J (Utah Current Rate Structure Volume(gallons) Rate per 1,000 Gallons 3,001—7,000 $2.42 ' 000 ?, $318 g1' ��w Greater than 13,000 $7.70 CD th iatf.A• 24 7/24/2015 Pros and Cons of a Surface Water Reservoir PROS CONS Diversification of supply Exposure/vulnerability to sources contaminants Diversion of runoff from Land acquisition requirements River/Lagoon Costly treatment plant Reduced long-term demand Evaporative losses on stressed UFA Operational expense Smith Pros and Cons of ASR PROS PROS (cont.) Diversification of supply Easy to maintain and protect sources Co-locate wellfields Diversion of runoff from CONS River/Lagoon Requirement to treat pre- Reduced long-term demand injection on stressed UFA Costly treatment plant Small footprint Recovery Smith cac.•A- 25 USGS 02252500 NORTH CANAL NEAR VERO BEACH, FL ► . G. I Page 1 of 3 usGs USGS Home Contact USGS Search USGS science fora changing world National Water Information System: Web Interface USGS Water Resources Data Category: Geographic Area: Site Information i United States v GO Click to hideNews Bulletins • June 16, 2015 • Try our new Mobile-friendly water data site from your mobile device! • Full News USGS 02252500 NORTH CANAL NEAR VERO BEACH, FL Available data for this site SUMMARY OF ALL AVAILABLE DATA V GO Stream Site DESCRIPTION: Latitude 27°41'35", Longitude 80°25'46" NAD27 Indian River County, Florida, Hydrologic Unit 03080203 AVAILABLE DATA: Data Type Be9in End Date Count Date Current / Historical Observations 2007-10- 2015-07- (availability statement) 01 06 Daily Data 1950-11- 2015-07- 23601 Discharge, cubic feet per second 21 05 Gage height, feet 1950-11- 2015-07- 22248 21 05 Stream water level elevation above NAVD 2010-10- 2015-07- 1733 1988, in feet 01 05 Daily Statistics 1950-11- 2014-10- 23331 Discharge, cubic feet per second 21 06 to-6•t • http://waterdata.usgs.gov/nwis/inventory/?site_no=02252500&agency_cd=USGS 7/6/2015 USGS 02252500 NORTH CANAL NEAR VERO BEACH, FL Page 2 of 3 Gage height, feet 1950-11- 2014-10- 21978 21 06 Stream water level elevation above NAVD 2010-10- 2014-10- 1463 1988, in feet 01 06 Monthly Statistics Discharge, cubic feet per second 1950-11 2014-10 Gage height, feet 1950-11 2014-10 Stream water level elevation above NAVD 2010-10 2014-10 1988, in feet Annual Statistics Discharge, cubic feet per second 1951 2015 Gage height, feet 1951 2015 Stream water level elevation above NAVD 2011 2015 1988, in feet Peak streamflow 1951-10- 2014-09- 63 02 30 1950-11- 2015-06- 605 Field measurements 21 16 1954-05- 1984-05- 210 Field/Lab water-aualitv samples 04 23 Water-Year Summary 2006 2014 9 Additional Data Sources Begin End Date Count Date 1990-10- 2007-09- 507352 Instantaneous-Data Archive **offsite** 01 30 OPERATION: Record for this site is maintained by the USGS Florida Water Science Center - Orlando Email questions about this site to Florida Water-Data Inquiries Questions about sites/data? 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Title: NWIS Site Information for USA: Site Inventory )0:(9 vE"a http://waterdata.usgs.gov/nwis/inventory/?site_no=02252500&agency_cd=USGS 7/6/2015 USGS 02253500 SOUTH CANAL NEAR VERO BEACH, FL Page 1 of 3 usGs USGS Home Contact USGS science for achar;gmng world Search USGS National Water Information System: Web Interface USGS Water Resources Data Category: Geographic Area: Site Information United States u GO Click to hideNews Bulletins • June 16, 2015 • Try our new Mobile-friendly water data site from your mobile device! • Full News USGS 02253500 SOUTH CANAL NEAR VERO BEACH, FL Available data for this site SUMMARY OF ALL AVAILABLE DATA V GO Stream Site DESCRIPTION: Latitude 27°36'11", Longitude 80°23'24" NAD27 Indian River County, Florida, Hydrologic Unit 03080203 AVAILABLE DATA: Data Type Be9in End Date Count Date Current I Historical Observations 2007-10- 2015-07- (availability statement) 01 06 Daily Data 1950-10- 2015-07- 23648 Discharge, cubic feet per second 01 05 1950-11- 2015-07- 20927 Gage height, feet 20 05 Stream water level elevation above NAVD 2010-10- 2015-07- 1633 1988, in feet 01 05 Daily Statistics 1950-10-12014-10-1 23383 Discharge, cubic feet per second 01 07 tater -C. l . http://waterdata.usgs.gov/nwis/inventory/?site_no=02253500&agency_cd=USGS 7/6/2015 USGS 02253500 SOUTH CANAL NEAR VERO BEACH, FL Page 2 of 3 Gage height, feet 1950-11- 2014-10- 20662 20 07 Stream water level elevation above NAVD 2010-10- 2014-10- 1367 1988, in feet 01 07 Monthly Statistics Discharge, cubic feet per second 1950-10 2014-10 Gage height, feet 1950-11 2014-10 Stream water level elevation above NAVD 2010-10 2014-10 1988, in feet Annual Statistics Discharge, cubic feet per second 1951 2015 Gage height, feet 1951 2015 Stream water level elevation above NAVD 2011 2015 1988, in feet Peak streamflow 1950-10- 2014-09- 64 18 25 1950-11- 2015-06- 615 Field measurements 20 11 1954-05- 1984-05- 206 Field/Lab water-quality samples 04 24 Water-Year Summary 2006 2014 9 Begin End Date Count Additional Data Sources Date 1990-10- 2007-09- 521102 Instantaneous-Data Archive **offsite** 01 30 OPERATION: Record for this site is maintained by the USGS Florida Water Science Center - Orlando Email questions about this site to Florida Water-Data Inquiries Questions about sites/data? Feedback on this web site Automated retrievals Help Data Tips Explanation of terms Subscribe for system changes News Accessibility Plug-Ins FOIA Privacy Policies and Notices U.S. Department of the Interior I U.S. Geological Survey Title: NWIS Site Information for USA: Site Inventory /a_45--C• ' http://waterdata.usgs.gov/nwis/inventory/?site_no=02253500&agency_cd=USGS 7/6/2015 USGS 02253000 MAIN CANAL AT VERO BEACH, FL Page 1 of 3 usGs USGS Home lag Contact USGS science for a changing world Search USGS National Water Information System: Web Interface USGS Water Resources Data Category: Geographic Area: Site Information V United States v GO Click to hideNews Bulletins • June 16, 2015 • Try our new Mobile-friendly water data site from your mobile device! • Full News ; USGS 02253000 MAIN CANAL AT VERO BEACH, FL Available data for this site SUMMARY OF ALL AVAILABLE DATA 'd GO Stream Site DESCRIPTION: Latitude 27°38'51", Longitude 80°24'21" NAD27 Indian River County, Florida, Hydrologic Unit 03080203 AVAILABLE DATA: Data Type Be9in End Date Count Date Current / Historical Observations 2007-10- 2015-07- (availability statement) 01 06 Daily Data Discharge, cubic feet per second 1949-01- 2015-07- 23950 01 05 Gage height, feet 1949-01- 2015-07- 23113 04 05 Stream water level elevation above NAVD 2010-10- 2015-07- 1698 1988, in feet 01 05 Nitrate plus nitrite, water, in situ, 2014-09- 2015-06- 771 milligrams per liter as nitrogen 16 03 Daily Statistics IaG. D. I . http://waterdata.usgs.gov/nwis/inventory/?site_no=02253000&agency_cd=USGS 7/6/2015 USCLS 02253000 MAIN CANAL AT VERO BEACH, FL Page 2 of 3 Discharge, cubic feet per second 1949-01- 2014-10- 23697 01 21 Gage height, feet 1949-01- 2014-10- 22858 04 21 Stream water level elevation above NAVD 2010-10- 2014-10- 1443 1988, in feet 01 21 Monthly Statistics Discharge, cubic feet per second 1949-01 2014-10 Gage height, feet 1949-01 2014-10 Stream water level elevation above NAVD 2010-10 2014-10 1988, in feet Annual Statistics Discharge, cubic feet per second 1949 2015 Gage height, feet 1949 2015 Stream water level elevation above NAVD 2011 2015 1988, in feet Peak streamflow 1949-10- 2014-09- 64 11 25 1950-11- 2015-06- 525 Field measurements 21 02 1954-05- 2015-05- 413 Field/Lab water-aualitv samples 04 01 Water-Year Summary 2006 2014 9 Begin End Date Count Additional Data Sources Date 1990-10- 2007-09- 454003 Instantaneous-Data Archive **offsite** 01 30 OPERATION: Record for this site is maintained by the USGS Florida Water Science Center - Orlando Email questions about this site to Florida Water-Data Inquiries Questions about sites/data? Feedback on this web site Automated retrievals Help Data Tips Explanation of terms Subscribe for system changes News ►zc, . 1: . http://waterdata.usgs.gov/nwis/inventory/?site_no=02253000&agency_cd=USGS 7/6/2015 ATTORNEY'S MATTERS: 7/7/15 TIME CERTAIN: 10:30 a.m. ' Office of lia INDIAN RIVER COUNTY Aiff ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold —County Attorney DATE: June 25, 2015 SUBJECT: 10:30 a.m. Attorney-Client Session: Indian River County vs. Turner Construction Company, et al., pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 31 2011 CA 002999 I request advice from the County Commission regarding settlement negotiations and strategy relating to litigation expenditures with regard to the case styled Indian River County vs. Turner Construction Company, et al., pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 31 2011 CA 002999. Prior to going into private session, Florida Statute 286.011(8) requires the Chairman to read the following statement: "This is the commencement of the attorney-client session. The estimated time of the closed attorney-client session is 45 minutes. Present at the meeting will be Commissioners Bob Solari (Vice Chairman), Joseph E. Flescher, Tim Zorc, Peter D. O'Bryan and me, Wesley S. Davis (Chairman). Also present will be County Attorney Dylan Reingold, outside counsel Casey Walker, County Administrator Joseph Baird, and a certified court reporter. At the conclusion of the closed attorney-client session this public meeting will be reopened." After the attorney-client session the Chairman is required by statute to state the following: "The public meeting is hereby reopened, and the attorney-client session is now terminated." nhm Approved for July 7, 2015 BCC Meeting Indian River Co. Approved Date Tim- C-Hain: 10:3 . ( orney's Matters) Admin. 7/05-- i /iJ/gam / Co.Atty. ; 5- 1/ / Budget i i 6��' 1) COUNTY ATTORNEY Department i� 6/ e- Risk Management --- --- 127 oVEk /3 f Office of the _Attorney's.1 L/tier 0'/0'/20 t Z. t� � ' INDIAN RIVER COUNTY '4'4010'4 ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal — Deputy County Attorney THROUGH: Manny Cabo — Telecommunications Manager DATE: June 30, 2015 SUBJECT: License Agreement for Cell Tower Located at Historic Dodgertown at the Site of an Existing Light Post T-Mobile South LLC through its agent SBA Communications Corporation in Boca Raton has approached the County concerning a license agreement for using the site of an existing light pole as a cellular tower at Historic Dodgertown. Other baseball stadiums in the Treasure Coast area have allowed their existing light poles to be replaced with poles containing a cell antenna array while still containing the necessary lighting for the sports field. This arrangement has worked successfully for cell companies as they have an existing location containing a variety of tall poles indicating favorable soil conditions for a cell tower site. Sports facilities have benefitted from the arrangement by obtaining a year- round income stream from an asset that may not be used for days or weeks at a time. The license agreement calls for T-Mobile to replace an existing Musco light pole with a pole to Musco's and the County's satisfaction which would retain the lighting and also contain a cell antenna array. The license agreement would span an initial term of ten years with the opportunity to extend the agreement for four additional 5-year terms. License fees paid by T-Mobile would be $1,500 monthly ($18,000 annually) with a 4 per cent per year increase in the license fee. If additional licensees or sublicensees co-locate on the pole, the County would receive 35% of any license fees paid by the co-locator to T- Mobile. l� 1,,d..n .iivn ea Acptavtd Date ED /FOR / q 5 Admin. Wirgi 7' [legal C. MEETING - REGULAR AGENDA ' Budges �W�d 11 COUNTY ATTORNEY, 128 T-Mobile Dodgertown Cell License June 30, 2015 2 I Page The license agreement provides for the exclusive use of a 300 square foot parcel of property beneath the light pole to be used for the necessary ground equipment. The agreement contains an easement for ingress and egress so as to access the equipment. The County would be listed as an additional insured and indemnified by T-Mobile. If the proper government approvals are not obtained, the agreement would become null and void and T-Mobile would return the site to its original condition. Permitting from the City of Vero Beach would be necessary as the property lies within its City limits. FUNDING: The lease payments received under this agreement will be deposited into the County's General Fund, in account number 001038-362011 (Radio Tower Rents). OPTIONS: 1. Approve the License Agreement with T-Mobile with the annual 4% increase in license fees. 2. Reject the License Agreement and direct staff to renegotiate its terms. 3. Reject the License Agreement and direct staff to discontinue negotiations with T- Mobile. RECOMMENDATION: Staff recommends the Board select Option 1 and approve the License Agreement with the 4% annual license fee increase and authorize the Chairman to sign the attached License Agreement and Memorandum of License on behalf of the Board, and any other documents necessary to effectuate said agreement and delegate authority to the County Attorney or his designee to execute any permit application necessary for tower plan review and construction. Attachments Copies to: Manny Cabo Joe O'Hagan, SBA 129 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License") is made and entered into effective as of the date of execution by the last patty to sign (the "Effective Date") by and between, Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 (the "County"), and T-Mobile South LLC, a Delaware limited liability company, whose address is 12920 SE 38th Street, Bellevue,WA 98006 ("T-Mobile"). WHEREAS, the County owns certain real property known as Historic Dodgertown and more particularly described or depicted in attached Exhibit 1 (the "Property"); and, WHEREAS, Historic Dodgertown has several athletic fields (baseball, softball and football/soccer/lacrosse)that are lighted by tall light towers; and WHEREAS, T-Mobile has approached the County about replacing an existing light tower and placing an array of antennae thereon; and WHEREAS, the County recognizes the importance of having communication towers by having a Comprehensive Long Range Tower Siting Report; and WHEREAS, T-Mobile desires to License from County a certain portion of the Property, more particularly described or depicted in attached Exhibit 2 (the"Premises"); and WHEREAS, T-Mobile agrees to construct an array of antennae on one of the light towers at no cost to the County. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree: 1. RIGHT TO LICENSE. (a) County grants to T-Mobile the right to License a portion of the Property measuring approximately 0.0068 acres or Three Hundred (300) square feet as described on attached Exhibit 2, together with unrestricted access for T-Mobile's uses from the nearest public right-of-way along the Property to the Premises as described on the attached Exhibit 2 (collectively,the "Premises"). (b) From and after the date of this Agreement as set forth above for the time period set forth below (the "Testing Period"), and at any time during the term of this Agreement, T-Mobile and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at T-Mobile's sole discretion for its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of T-Mobile , are necessary in T-Mobile's sole discretion to determine the physical condition of the Property, the environmental history of the Property, County's title to the Property and the feasibility or suitability of the Property for T- Mobile's Permitted Use, all at T-Mobile's expense. T-Mobile will not be liable to County or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or 1 130 condition is disclosed by T-Mobile's inspection. T-Mobile will restore the Property to its condition as it existed at the commencement of the Testing Period (as defined below), reasonable wear and tear and casualty not caused by T-Mobile excepted. In addition, T-Mobile shall indemnify, defend and hold County harmless from and against any and all injury, loss, damage or claims arising directly out of T-Mobile's Tests. (c) Plans submitted by T-Mobile call for access easement to the light tower and the County agrees to grant, by separate document if needed, an access easement to the Property. (d) The Tests shall include an engineer's certification that the light tower and any antennae arrays to be installed by T-Mobile shall meet current building code specifications and shall not compromise in any way any manufacturer's warranty on the light tower. 2. TERM. (a) This License shall commence on date T-Mobile begins installation at the site (the "Commencement Date"), which shall be confirmed in writing from T-Mobile to County. Unless extended or sooner terminated as herein provided,the initial term shall be ten (10)years following the Commencement Date("Initial Term"). (b) T-Mobile shall have the option to extend the term of this License for four (4) successive additional periods of 60 months (five years) each ("Renewal Term"). Each Renewal Term shall commence automatically, unless T-Mobile delivers notice to County of its intent not to renew, such notice to be delivered not less than thirty (30)days prior to the end of the then current term. (c)Upon expiration of this License, T-Mobile shall remove the light tower or transfer ownership of the light tower to the County,at the County's option. If County elects to take ownership of the light tower, (i) T-Mobile shall remove its equipment from the light tower, and (ii) County shall be solely responsible for all costs and expenses relating to the repair, replacement, maintenance and operation of the light tower. 3. LICENSE FEE. T-Mobile shall pay license fee to County beginning at Commencement Date a monthly fee payment that shall consist of the following: (a) One thousand five hundred dollars($1,500.00); and (b) if applicable, a sum equal to thirty-five percent (35%) of the rent or any fees paid by any tenants, licensees or sublicensees to T-Mobile. (c) The rent or license fees shall be paid by T-Mobile at the address set forth above on or before the fifth (5th)day of each calendar month in advance. Rent will be prorated for any partial month. The initial license fee payment will be forwarded by T-Mobile to County within thirty(30) days after Commencement Date. (d)During the Initial Term and any Renewal Terms, the monthly license fee shall be adjusted annually on each anniversary of the Commencement Date to an amount equal to one hundred four percent (104%) of the monthly license fee in effect immediately prior to the adjustment date. 4. TAXES. T-Mobile shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Communication Facilities (as defined below). County shall pay when due all real property taxes and all other fees and assessments, if any, attributable to the Property and Premises. T-Mobile shall pay as an additional license fee any increase in real property taxes levied against Premises, which are directly attributable to T-Mobile's use of the Premises (but not, however, taxes attributable to periods prior to the Commencement Date such as roll-back or greenbelt assessments) if County furnishes proof of such increase to T-Mobile. In the event that County fails to pay when due any taxes affecting the Premises or the easement, T- Mobile shall have the right but not the obligation to pay such taxes and deduct the full amount of the taxes paid by T-Mobile on County's behalf from future installments of the license fee. 5. USE. (a) The Premises are being licensed for the purpose of erecting, installing, operating and maintaining, transmitting and receiving equipment, the light tower, antennas, dishes, mounting structures, buildings, and related equipment (collectively, the "Communication Facilities"). Subject to prior approval and permitting by 2 131 the County, T-Mobile may make any improvement, alteration or modification to the Premises so long as they comply with the appropriate Federal, State and County laws, regulations, rules and codes and as are deemed appropriate by T-Mobile. Notwithstanding anything to the contrary in this License, T-Mobile may change, replace, add to or otherwise modify its ground-based Communication Facilities within the Premises without County's consent. (b) Subject to prior approval by the County and only for the duration of this License, County grants T- Mobile a non-exclusive license in, over, across and through other real property owned by County as reasonably required for construction, installation, maintenance, and operation of the Communication Facilities. T-Mobile shall be entitled to sublicense the Premises, including any communications equipment located thereon, with permission granted by the County but no such sublicense or license shall relieve T-Mobile from its obligations under this License. At all times during the term of this License, T-Mobile, and its guests, agents, lessees, licensees and assigns,together with the County and its agents shall have the unrestricted, exclusive right to use, and shall have free access to, the Premises seven (7) days a week, twenty-four (24) hours a day. If at any time during the term of this License, the Federal Aviation Administration, Federal Communications Commission, or other governmental agency changes its regulations and requirements, or otherwise takes any action,the result of which inhibits T-Mobile's use the Premises, or any communications tower located thereon, for the purposes originally intended by T-Mobile, or if technological changes render T-Mobile's intended use of the Premises obsolete or impractical, or if T-Mobile otherwise determines, in its sole and absolute discretion, with or without cause, that the Premises is no longer suitable or desirable for T-Mobile's intended use and/or purposes, T- Mobile shall have the right to terminate this License upon ninety(90)days written notice to County. 6. ACCESS AND UTILITIES. County for itself, its successors and assigns,hereby grants and conveys unto T-Mobile, its customers, employees, agents, invitees, successors and assigns a nonexclusive license for ingress and egress, as well as for the construction, installation, operation and maintenance of underground electric and other utility facilities (including wires, conduits and appurtenant equipment), with the right to reconstruct, improve, add to, enlarge, change and remove such facilities, over, across and through any easement for the benefit of and access to the Premises, subject to the terms and conditions herein set forth and subject to prior approval and permitting by the County. Subject to prior notice and approval by the County,the rights granted to T-Mobile herein shall also include the right to partially assign its rights hereunder to any public or private utility company or authority to facilitate the uses contemplated herein, and all other rights and privileges reasonably necessary for T-Mobile's safe and efficient use and enjoyment of the easement for the purposes described above. Each tenant on the light tower shall be responsible for obtaining its own utility meter or sub-meter and paying their own utility costs. 7. EQUIPMENT, FIXTURES AND SIGNS. Except for equipment owned by the County or its agents, all improvements, equipment or other property attached to or otherwise brought onto the Premises shall at all times be the personal property of T-Mobile and/or its sub-licensees. Subject to prior approval and permitting by the County, T-Mobile shall have the right to erect, install, maintain, and operate on the Premises such equipment, structures, fixtures, signs, and personal property as T-Mobile may deem necessary or appropriate, and such property, including the equipment, structures, fixtures, signs, and personal property currently on the Premises, shall not be deemed to be part of the Premises, but shall remain the property of T-Mobile. Within a reasonable time after termination hereof, T-Mobile or its customers shall have the obligation to remove their equipment, structures,fixtures, signs,and personal property from the Premises. 8. ASSIGNMENT. (a) T-Mobile may assign this License with prior notice and approval by the County, not to be unreasonably withheld conditioned or delayed. After delivery by T-Mobile to County of an instrument of assumption by an assignee that assumes all of the obligations of T-Mobile under this License, T-Mobile will be relieved of all 3 132 liability hereunder. County may assign this License, in whole or in part, to any person or entity (a) who or which acquires fee title to the Premises and/or (b) who or which agrees to be subject to and bound by all provisions of this License. Except for the foregoing, assignment of this License by County must be approved by T-Mobile, in T-Mobile's sole discretion. Notwithstanding anything to the contrary herein, Licensee may assign or otherwise transfer its interest in the License to an affiliated entity or to any entity with which it may merge, consolidate or enter an asset or stock purchase agreement with. 9. WARRANTIES AND REPRESENTATIONS. (a) County warrants and represents that it is the owner in fee simple of the Property, free and clear of all liens and encumbrances except as to those which may have been disclosed to T-Mobile, in writing prior to the execution hereof, and that it alone has full right to license the Premises for the term set out herein. County further represents and warrants that T-Mobile, on paying the license fees and performing its obligations hereunder, shall peaceably and quietly hold and enjoy the Premises for the term of this License. (b) County does hereby authorize T-Mobile and its employees, representatives, agents and consultants to prepare, execute, submit, file and present on behalf of County building, permitting, zoning or land-use applications with the appropriate local, state and/or federal agencies necessary to obtain land use changes, special exceptions, zoning variances, conditional use permits, special use permits, administrative permits, construction permits, operation permits and/or building permits. County understands that any such applications and/or the satisfaction of any requirements thereof may require County's cooperation, which County hereby agrees to provide. (c) County shall not do or permit anything that will interfere with or negate any special use permit or approval pertaining to the Premises or cause any tower on the Premises to be in nonconformance with applicable local, state, or federal laws. County shall cooperate with T-Mobile in any effort by T-Mobile to obtain certificates, permits, licenses and other approvals that may be required by any governmental authorities. County agrees to execute any necessary applications, consents or other documents as may be reasonably necessary for T-Mobile to apply for and obtain the proper zoning approvals required to use and maintain the Premises and the tower site. (d) County has complied with all, and will continue to comply with environmental, health, and safety laws with respect to the Premises, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against County or regarding the Premises alleging any failure to so comply. Without limiting the generality of the preceding sentence, County and the Premises are in compliance with all environmental, health, and safety laws. No asbestos-containing thermal insulation or products containing PCB, formaldehyde, chlordane, or heptachlor or other hazardous materials have been placed on or in the Premises by County or, to the knowledge of County, by any prior owner or user of the Premises. To the knowledge of County, there has been no release of or contamination by hazardous materials on the Premises. (e) All utilities required for the operation of the T-Mobile's improvements must enter the Premises through adjoining public streets or, if they pass through an adjoining private tract, do so in accordance with valid public easements. All utilities are installed and operating and all installation and connection charges have been paid in full. (f) County has no knowledge of any fact or condition that could result in the termination or reduction of the current access from the Premises to existing highways and roads, or to sewer or other utility services serving the Premises. The Premises abuts on and has direct vehicular access to a public road, or has access to a public road via a permanent, irrevocable, appurtenant easement benefiting the parcel of real property, and access to the property is provided by paved public right-of-way with adequate curb cuts available. (g) With respect to the Premises, except as disclosed in writing to T-Mobile prior to the execution hereof and except for the leases with the County's existing tenants: there currently exist no licenses, sublicenses, or other agreements, written or oral, granting to any party or parties the right of use or occupancy of any portion of 4 133 the of Premises; there are no outstanding options or rights of first refusal to purchase the Premises or any portion thereof or interest therein; and there are no parties (other than County) in possession of the Premises. (i) It is intended that the legal description of the Premises accurately reflect an "as-built" survey of the light tower and accordingly the parties agree that, if any part of such tower, buildings, roadways or utilities related to the light tower located on the Premises is located beyond the legal description of the Premises or any easements specified in the License, the License is hereby amended to provide that the Premises includes the existing location of any such improvements as part of the Premises demised in the License, to the extent that such improvements are located on real property owned by County. (h) To the extent allowed by law, the County hereby agrees to indemnify, defend, and hold harmless T- Mobile and its officers, directors, shareholders, agents, and attorneys for, from, and against all damages asserted against or incurred by any of them by reason of or resulting from a breach by County of any representation, warranty,or covenant of County contained herein or in any agreement executed pursuant hereto. 10. HOLD OVER TENANCY. Should T-Mobile or any assignee, sub-licensee of T-Mobile hold over the Premises or any part thereof after the expiration of the term set forth herein, such holdover shall constitute and be construed as a tenancy from month-to-month only,but otherwise upon the same terms and conditions. 11. INDEMNITIES. To the extent allowed by law, the parties agree to indemnify, defend and hold harmless the other party, its parent company or other affiliates, successors, assigns, officers, directors, shareholders, agents and employees (collectively, "Indemnified Party"), from and against all claims and liabilities(including reasonable attorneys' and fees court costs) caused by or arising out of(i) the indemnifying party's breach of any of its obligations, covenants, or warranties contained herein, or (ii) such party's acts or omissions with regard to the License. However, in the event of an Indemnified Party's contributory negligence or other fault, the Indemnified Party shall not be indemnified hereunder to the extent that the Indemnified Party's negligence or other fault caused such claim or liability. 12. INSURANCE. (a) T-Mobile shall insure against property damage and bodily injury arising by reason of occurrences on or about the Premises in the amount of not less than$1,000,000. The insurance coverage provided for herein may be maintained pursuant to master policies of insurance covering other tower locations of T-Mobile and its corporate affiliates. All insurance policies required to be maintained by T-Mobile hereunder shall be with responsible insurance companies, authorized to do business in the state where the Premises are located if required by law, and shall provide for cancellation only upon 10 days' prior written notice to County. T-Mobile shall provide County certificates of such insurance. (b) County is self-insured and warrants it carries sufficient general property fire, hazard and casualty insurance appropriate for County's improvements on County's Property, and in such amounts to cause the replacement/restoration of the Property (excluding T-Mobile's improvements and personal property) in the event of casualty. However, County is under no duty to insure or protect any other entities equipment or improvements damaged by storm,hurricane,lightning,flood or other weather events and acts of God. 13. 'INTERFERENCE. During the term of this License, County, its successors and assigns, will not grant any ground lease, license, or easement with respect to any property adjacent to the Premises: (a) for any of the uses contemplated in paragraph 5 herein; or (b) if such lease, license, or easement would detrimentally impact T- Mobile's Communications Facilities,or the use thereof. 14. RIGHT OF FIRST REFUSAL. If during the term of this License, as might be renewed or extended the County shall have received a bona fide arm's length offer to purchase the Premises from any third party, the County shall serve a notice (the "Transfer Notice") upon T-Mobile. The Transfer Notice shall set forth the • 5 134 exact terms of the offer so received, together with a copy of such offer, and shall state the desire of the County to sell the Premises on such terms and conditions. Thereafter, the T-Mobile shall have the right and option to purchase the Premises at the price and upon the terms and conditions specified in the offer (the "Offer"). If the T-Mobile desires to exercise its option, it shall give notice (the "Counter Notice") to that effect to the County within thirty(30) days after receipt of the Transfer Notice. The closing of the purchase and sale of the Premises pursuant to this option shall occur at the time set forth in the Offer, provided that T-Mobile shall not be required to close before the 15th day following the date of the Counter Notice. T-Mobile's failure to give a timely Counter Notice (or its notice of refusal to purchase) shall be deemed a waiver of its rights to exercise its right of first refusal to accept the Offer but shall not be deemed a waiver of its right of first refusal with respect to any modification to the Offer or any future Offers. 15. SECURITY. The parties recognize and agree that T-Mobile shall have the right to safeguard and protect its improvements located upon or within the Premises. Consequently, T-Mobile may elect, at its expense, to construct such enclosures and/or fences as T-Mobile reasonably determines to be necessary to secure its improvements, including the tower(s), building(s), guy anchors, and related improvements situated upon the Premises subject to prior approval and permitting by the County. T-Mobile may also undertake any other appropriate means to restrict access to its communications buildings and related improvements subject to prior approval and permitting by the County. Whenever County's approval or consent is required under this License, it shall not be unreasonably withheld,conditioned or delayed. 16.FORCE MAJEURE. The time for performance by County or T-Mobile of any term, provision, or covenant of this License shall be deemed extended by time lost due to delays resulting from acts of God, strikes, civil riots, floods, material or labor restrictions by governmental authority, and any other cause not within the control of County or T-Mobile,as the case may be. 17. DEFAULT. The failure of T-Mobile or County to perform any of the covenants of this License shall constitute a default. The non-defaulting party shall give the other written notice of such default, and the defaulting party shall cure such default within thirty(30)days after receipt of such notice. In the event any such default cannot reasonably be cured within such thirty (30) day period, if the defaulting party shall proceed promptly after the receipt of such notice to cure such default, and shall pursue curing such default with due diligence, the time for curing shall be extended for such period of time as may be necessary to complete such curing, however, in no event shall this extension of time be in excess of sixty (60) days, unless agreed upon by the non-defaulting party. 18. REMEDIES. Should the defaulting party fail to cure a default under this License, the other party shall have all remedies available either at law or in equity, including the right to terminate this License. In the event County elects to terminate this License due to a default by T-Mobile, it shall continue to honor all sublicense commitments made by T-Mobile through the expiration of the term of any such commitment, it being intended hereby that each such commitment shall survive the early termination of this License. 19.ATTORNEY'S FEES. If there is any legal proceeding between County or T-Mobile arising from or based on this License, each party shall pay their own costs and expenses,including attorney's fees. 20.PRIOR AGREEMENTS. The parties hereby covenant, recognize and agree that the terms and provisions of this License shall constitute the sole embodiment of the arrangement between the parties with regard to the Premises, and that all other written or unwritten agreements, contracts, or Licenses by and between the parties with regard to the Premises are hereby terminated, superseded and replaced by the terms hereof. The terms of this paragraph do not apply to existing agreements the County may have with other entities other than T- Mobile. 6 135 21. LENDER'S CONTINUATION RIGHTS. County agrees to recognize the leases/licenses of all sub- licensees and will permit each of them to remain in occupancy of its premises notwithstanding any default hereunder by T-Mobile so long as each such respective sub-licensee is not in default under the lease license covering its premises. County agrees to execute such documents as any such sub-licensee might reasonably require, including customary subordination, non-disturbance and attornment agreements and/or County recognition agreements, to further memorialize the foregoing, and further agrees to use reasonable efforts to also cause its lenders to similarly acknowledge, in writing, sub-licensee's right to continue to occupy its premises as provided above. County consents to the granting by T-Mobile of a lien and security interest in T-Mobile's interest in the License and all of T-Mobile's personal property and fixtures attached to the real property described herein, and furthermore consents to the exercise by T-Mobile's mortgagee of its rights of foreclosure with respect to its lien and security interest. County agrees to recognize T-Mobile's lender as T-Mobile hereunder upon any such exercise by lender of its rights of foreclosure. T-Mobile agrees that no lien or mortgage will attach to the light tower and real property under this license as County owned real estate cannot become subject to a lien by law. 25.ADDITIONAL PROVISIONS. This License shall have priority over all liens and encumbrances on the fee estate of the County in the Premises or any improvements thereon, including mortgages on the fee estate which were executed prior to the execution of this License. The County shall have the right to construct such buildings on the Property as the County may desire provided the buildings do not interfere with T-Mobiles use and quiet enjoyment of its Premises and Communication Facilities. 26.NOTICES. All notices, requests, claims, demands, and other communications hereunder shall be in writing and may be hand delivered (provided the deliverer provides proof of delivery) or sent by nationally-established overnight courier that provides proof of delivery, or certified or registered mail (postage prepaid, return receipt requested). Notice shall be deemed received on the date of delivery as demonstrated by the receipt of delivery. Notices shall be delivered to a parties at the address below, or to such other address that a party below may provide from time to time: If to County: If to T-Mobile: Office of the County T-Mobile USA, Inc. Attorney 12920 SE 38th Street 1801 27`"Avenue Bellevue, WA 98006 Vero Beach,FL 32960 Attn: Property Management Site#A2P0151A 28. MISCELLANEOUS. (a) Each party hereto warrants and represents that it has the necessary power and authority to enter into and perform its respective obligations under this License. (b) If any term of this License is found to be void or invalid, such invalidity shall not affect the remaining terms of this License,which shall continue in full force and effect. (c)All attached exhibits are hereby incorporated by this reference as if fully set forth herein. (d) Failure of party to insist on strict performance of any of the conditions or provisions of this License, or failure to exercise any of a party's rights hereunder, shall not waive such rights. 7 136 (e)This License shall be governed by and construed in accordance with the laws of the State Florida, Indian River County. (f) This License constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations and other agreements with regard to the Premises. There are no representations or understandings of any kind not set forth herein. Any amendment to this License must be in writing and executed by both parties. (g) This License shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. (h) A short-form memorandum of this License may be recorded at County or T-Mobile's option in the form as depicted in Exhibit 3 attached hereto. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, SIGNATURES BEGIN ON NEXT PAGE] 8 137 IN WITNESS WHEREOF, the parties hereto have executed this License as of the Effective Date. T-Mobile South LLC BOARD OF COUNTY COMMISSIONERS A Delaware Limited Liability Company INDIAN RIVER COUNTY, FLORIDA BY: BY: Wesley S. Davis, Chairman BCC Approved: WITNESS: Approved: WITNESS: B + IGO oseph A Baird County Administrator Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By: Deputy Clerk Approved as to form and legal sufficie cy ILA...J._4_ William K. DeBraal Deputy County Attorney 9 138 - _ • ! i • • • 1; ... . .4 IA l!iffit ! ii ; Nf; 11 I 111-04-J i.• : -4:: !Vti ' t?-...- •.1.. i 1.4 •.." . tee- -;w•1 x 1 -1.-,:i.!•^-I ! e i le # 1 -i TM! i• J.flij •..-...-: II . .it ssjidtl. m;11,,,,..4.:1.,=1. j t s g lilt .,1,1 igEkTi 's.fi':Ill 7' 1/-: , 6 7 0 DJ' Willi r WI. 114i s'r,j." i 1 111111 NI iiilliii;g!r:4 11.1,41 : i, ..1! 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ZE.r.i 'A K. te,jii41 V ..., —"•----a. t '.. 1 h b2:ishlif: 5 fE 81,."-4,2 - tialg;aTi § .; 'eN33..i5F: 1 1 li II 11 ii :41:1CIE 1 i! I:: ifnci 1 2 • 1 -.; iiia.itvlivs s i `2 1.13 ! 88 g iii / -..! riizi;F:::1,' i 0 Pri.:“ i i g :: ::::::°:;: : 1 El I' 4";ib '''' i i 1 1 V I :f 4.49VI!! ! g§ .1 .1:!-.1!iiv I .i, -E1-!ii: ,,,, - I 1 !I Iiii;:i16; 1 !II ;1 l'-!:,1.:4 1 g , •., i : , : 1 ilui , 2/1 lit It c ad .e sNil2N:EYE i 8 I r777.77,7:7 2 2 • 1 . .. .. —:... . . .. : .......,—..-....-; \ :•.' i I :',..',',';',' :::::::..::: .\ ,.. i : ', '::.: . . 1 . a \ i 1 t_ ., ...........-............-... P` :.::.: .i. . ... 5 5.1!5 S!8!b 5 COO fr. ZZ ..:' '. iLLIEE : , V i • — . i--. 4 !turair ,1; 2 8 %.:.,,,,,..,•,-..-. i..e. stustski 9 ri ' 1 i 11. " 1/ ; \ 110151.1: -' 'et2' 71 . 1 1 •i i k i, , : -•-•'- '. j.1-t1----4 .. t . „ por • ...•' i i Z PH ! it I, , C.4 : I 7. E , _:... ••• 1 I • . ; •,.. .. . . • 2 --1 -r-- . 3 s 1 131:r N .1- / -a %/9 - "i- 0 . .— !I I .0 ., •7,-' ,4_ ,_.„., X ;.! L 2 ll LI ..7: 3 .. ! ' ... \ . F : - N 'i 1: I; r2.: 2, r. _ iA e Ae --,---.--, - 140 ---------- EXHIBIT 3 Return to: T-Mobile South,LLC 12920 SE 30 Street BelNue,WA 98006 Site Name: Site Number FORM OF MEMORANDUM OF LICENSE This Memorandum of License evidences a License ("License") between Indian River County ("County"), whose address is 1801 27th Street, Vero Beach, Florida 32960 and T-Mobile South LLC, a Delaware limited liability company, whose address is 12920 SE 38th Street, Bellevue, WA 98006 ("T- Mobile"), commencing on date T-Mobile begins construction at the site (the "Commencement Date"), which shall be confirmed in writing from T-Mobile to County, for certain real property (the "Premises"), as described in Exhibit 1 attached hereto. County ratifies, restates and confirms the License and hereby licenses to T-Mobile the Premises, subject to the terms and conditions of the License. The License provides for the License by the County to 1-Mobile of the Premises for an initial term of Ten(10) years with Four(4)renewal option(s)of an additional Five(5) years each, and further provides: 1. The Premises may be used exclusively by T-Mobile and the County for all legal purposes, including without limitation, erecting, installing, operating and maintaining radio and communications antennae arrays, buildings,and equipment; 2. T-Mobile is entitled to sublicense the Premises. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, SIGNATURES BEGIN ON NEXT PAGE] 12 141 IN WITNESS WHEREOF, the parties hereto have executed this MEMORANDUM OF LICENSE as of the date last signed by a party hereto. T-Mobile South LLC BOARD OF COUNTY COMMISSIONERS A Delaware Limited Liability Company INDIAN RIVER COUNTY, FLORIDA BY: BY: Wesley S. Davis, Chairman BCC Approved: WITNESS: Approved: WITNESS: By • ah , Ii../) I• Obg . I# i•seph 4. Baird County Administrator Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By: Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney 13 142 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2015, by , the of T-Mobile South LLC, a Delaware limited liability company, on behalf of the company, who is personally known to me. WITNESS my hand and Official Seal at office this day of , 2015. Notary Public My Commission Expires: • 14 143 ITEM 14.A.1 July 7, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 22, 2015 SUBJECT: Lakewood Village Mobile Home Park Utility Account FROM: Wesley S. Davis Commissioner District 1 I kindly request your consideration in addressing reducing the interest rate on Lakewood Village Mobile Home Park Utility Account. Attachment: Letter from Charles M. Bailey, President, Lakewood Village ROA 144 Resident Owned Manufactured LkewooI Home Assoc 1455 90th Ave, Vero Beach, FL 4VILL AGE 32966 (772) 567-4358 Fax(772) 770-2527 E-mail lakewoodtam rabellsouth.net Website lakewood-village-r-o.net Wesley S.Davis Chairman District 1 Board of County Commissioners 1801 27th Street, Building A Vero Beach,FL 32960 Re: Meeting of May 26th,2015 Thank you for the three scenarios presented to us by Vincent Burke,Utilities Director and yourself. We at no time asked for the loan amortization or the payments to be changed. If you review your records again you will notice that we are paying $4,200.00 per month now, and the amortization currently in place is still satisfactory. We were simply requesting that if we applied 530,000.00 against the principal of the loan,would you be willing to lower the interest rate from its current 7% to 5.75%. From my past banking experience I thought this could simply be done with a separate amendment to the original note. We would continue to pay the amount we are currently paying and pay our loan off sooner than Mr. Burke's three scenarios. In the fairness issue addressed by Mr. Burke(as he brought up in the first meeting),1 don't believe that the 500+accounts now paying higher rates than 5.75%are stepping up to reduce their principle by plus$30,000.00! 1 believe this is a very legitimate and sound request and I would appreciate it if our scenario using a $4,200.00 payment at 5.75% with at least a reduction of the payoff amount at $30,000.00 or more would be reviewed again and hopefully,this time,receive a positive response. Respectfully Submitted, Charles M.Bailey President ( Lakewood Village ROA 145 ITEM 14.A.2 July 7, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 29, 2015 SUBJECT: Amnesty Program and Adoption of Ordinance FROM: Wesley S. Davis IZ Commissioner District 1 I kindly request your consideration in discussing the Amnesty Program and the attached Ordinance. Attachment: Ordinance No. 2013-002 146 ORDINANCE NO. 2013 - 002 AN ORDINANCE OF TIIE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.08(J)(4) OF THE CODE OF INDIAN RIVER COUNTY; ESTABLISHING AN AMNESTY PROGRAM RELATING TO DELINQUENCY CHARGES ON CERTAIN UTILITY SERVICE AVAILABILITY CHARGES; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, sections 201.08(B) and (C) of the Code of Indian River County (the "Code") requires that service availability charges be imposed on the owner of each water and sewer Equivalent Residential Unit ("ERU") which is reserved for future use ("Service Availability Charges"); and WHEREAS, section 201.08(J)(4) of the Code provides that the County shall charge delinquency charges on all outstanding balances, including outstanding balances of Service Availability Charges; and WHEREAS, there is currently a significant outstanding balance of Service Availability Charges upon which delinquency charges are accruing — namely, those which are based upon ERUs reserved for future use,but for which there has been no past or present use or consumption of water or sewer services ("Reserved ERU Service Availability Charges"); and WHEREAS, payment of Reserved ERU Service Availability Charges is important to the financial well-being of the County's water and sewer system, because such charges reimburse the County for its expense in maintaining the infrastructure built to provide capacity for reserved ERUs; and WHEREAS, the creation of an amnesty program which, for a limited period of time, waives delinquency charges upon the payment in full of outstanding Reserved ERU Service Availability Charges will serve the public interest by encouraging the payment of such charges, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is not inconsistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. 1 147 ORDINANCE NO. 2013 - 002 Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board Section 3. Amendment of Section 201.08(J)(4) of the Code. Section 201.08(J)(4) of the Code of Indian River County, Florida, is hereby amended to read as follows (new language indicated by underline, and deleted language indicated by stfiketlifeugh): "(4) Delinquency charge. County shall charge an additional two dollars ($2.00) plus one and one-half(1 1/2) percent interest monthly (collectively "delinquency charges") on all outstanding balances including assessments, fees, charges, and other fees due (collectively "underlying charges") if payment is not made in full by each payment deadline date; provided, however, that the Utilities Director may waive some or all delinquency charges in connection with the reactivation of service of an existing account, where (i) payment in full of all underlying charges and delinquency charges would work a hardship to the customer, and such waiver is determined to be in the best interests of the County, and (ii) such waiver results in the immediate payment in full of all underlying charges and any delinquency charges which are not waived. With respect to service availability charges which (i) are based on the ownership of one or more ERUs which are reserved for future use but for which there has been no past or present use or consumption of services, and (ii) are unpaid as of April 2, 2013 February 14, 2012, such delinquency charges shall be waived if the unpaid service availability charges are paid in full at any time between April 2, 2013 FebFuery-1-41-20-1-2 and August 31, 2013 : , . •• :• - - , : - • •- - *: - 6 ." Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. 2 148 ORDINANCE NO. 2013 - 002 Section 6. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 23 day of March , 2013, for a public hearing to be held on the 2nd day of April 2013, at which time it was moved for adoption by Commissioner Solari seconded by Commissioner Flescher , and adopted by the following vote: Chairman Joseph E. Flescher Ave Vice Chairman Wesley S. Davis _1Am_ Commissioner Peter D. O'Bryan Aye Commissioner Bob Solari Aye Commissioner Tim Zorc Aye The Chairman thereupon declared the ordinance duly passed and adopted this 2nd day of April , 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: IC seph E. Flescher, Chairman As‘,....* ATTEST: Jeffrey R. Smith, Clerk of Court to: .0: And Comptroller Approved as to form and legal sulif4ency.'" /87 77-4101V By. •-3 ••• ............................ at, .........••• De.1.1 y Clerk Alan S. Polackwich, Sr., County Attorney EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of , 20l3. 3 149 July 7, 2015 ITE 14.C.1 /lb a INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 26, 2015 SUBJECT: Fracking in Florida FROM: Joseph E. Flescher Commissioner, District 2 Request Board discussion and possible action by this Commission regarding the restriction of hydraulic fracturing ("fracking"). 150 Resolution Requesting a Statewide Ban on Extreme Hydraulic Fracturing,Acid Fracturing and any form of Well Stimulation or Resource Extraction in Florida WHEREAS, well stimulation such as hydraulic and acid fracturing(fracking and acidification) involve the use of chemicals and hazardous materials during construction,drilling, fracturing, gas production and delivery, well maintenance, and workover operations; and WHEREAS, fracturing of underground geologic formations is accomplished by injecting a complex mix of fluids and chemicals under very high pressure to create fractures in gas bearing geologic formations; and the water used is contaminated forever; and WHEREAS, each fracturing uses 30,000 up to 13 million gallons of water and each well and can be fractured over 13 times. http://www2.epa.gov/sites/production/files/2015- 03/documents/fracfocus analysis_report and_appendices_fmal_032015_508_0.pdf WHEREAS, well stimulation permanently pollutes millions of gallons of water with the chemicals used in fracking and acidizing and with the radioactive materials and heavy metals in the flowback; and WHEREAS, many of the chemical constituents injected during fracturing have documented adverse health effects and/or adverse environmental impacts, for example, 60% of those chemicals can harm the brain and nervous system, 30%are suspected carcinogens, and 30%are developmental toxicants; and WHEREAS,there have been more than a 1,000 documented cases of water contamination near fracking sites; and WHEREAS, wastewater from fracking can contain radioactive elements and has been discharged into rivers that supply drinking water for millions; and WHEREAS, use of these well stimulation fracturing chemical mixtures expose adjacent land and surface waters to the risk of contamination through open pit storage, truck transport on roadways, and activities during well development; and WHEREAS,pollution of water caused by well stimulation and fracking threatens the long term economic wellbeing of communities,as businesses and consumers depend on clean drinking , water; and 151 WHEREAS, oil and gas industry is not required by federal law to publicly disclose chemical formulas of well stimulation and fracturing fluids so that this information is publicly unavailable for health and safety purposes; and WHEREAS, wise stewardship of our natural resources involves protection of Florida's water supplies and water resources for generations to come; and WHEREAS, protection of Florida's water supplies and resources is better accomplished by prevention of contamination and environmental degradation, rather than attempting to cleaning up contamination and restoring degraded environments after the fact; NOW, THEREFORE, BE IT RESOLVED,that on the day of 2015,the County of supports a statewide ban on hydraulic fracturing, acid fracturing and any form of extreme well stimulation and resource extraction, including prohibiting the disposal of related materials and byproducts, anywhere within the State of Florida or in the waters adjacent to the State, and AND BE IT FURTHER RESOLVED that the County of will send a letter to our state legislators and the Governor of the State of Florida calling for a ban on fracking and for them to introduce and/or support a legislative bill prohibiting all forms of extreme well stimulation and resource extraction, and the disposal of related materials and byproducts, anywhere within the State of Florida or in the waters adjacent to the State. PASSED, APPROVED, AND EFFECTIVE on this day of , 2015. ATTEST: 152 LOCAL PROHIBITION OF WELL STIMULATION-MODEL ORDINANCE AN ORDINANCE OF THE[CITY/COUNTY], FLORIDA ORDINANCE 2015- AN ORDINANCE OF THE(LOCAL GOVERNMENT)AMENDING CODE SECTIONS TO EXPRESSLY PROHIBIT WELL STIMULATION USES WITHIN ZONING DISTRICTS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR SCRIVENER'S ERRORS, PROVIDING FOR INCLUSION IN CODE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, well stimulation treatments involve the injection of industrial chemical additives, which may be harmful to human health;and WHEREAS, the increased intensity of use and the exposure to the industrial use and chemicals involved in extreme oil extraction, including hydraulic fracturing, acid stimulation, acidizing, acid fracturing and other forms of well stimulation are not compatible with surrounding uses of land within the [City/County] and pose a significant risk to public health and safety and the environment;and WHEREAS, well stimulation treatments utilize significant amounts of potable water and generate significant amounts of contaminated wastewater that must be stored, managed, and either disposed of through injection wells onsite or transported offsite for proper disposal increasing the risk to surrounding uses;and WHEREAS, local governments are utilizing groundwater and surface water for drinking water sources, seeking to protect water resources from depletion, spills, chemicals and pollution;and WHEREAS, the Court's opinion in Wallach v. Town of Dryden, 23 N.Y.3d 728 (2014), holds that nothing obligates a town that "contains extractable minerals . . . to permit them to be mined somewhere within the municipality" or "to permit the exploitation of any and all natural resources within the town as a permitted use if limiting that use is a reasonable exercise of its police powers to prevent damage to the rights of others and to promote the interests of the community as a whole";and WHEREAS, the Court in Wallach found that the Town of Dryden properly engaged in a reasonable exercise of their zoning authority when they adopted local laws expressly clarifying that well stimulation (hydro-fracking) was not a permissible uses in any zoning districts; and 1 153 WHEREAS, the [City/County] desires to exercise its powers and zoning authority to prohibit well stimulation at oil and gas exploration and production wells to prevent any damage to the community and protect health, safety and welfare. THEREFORE, BE IT ORDAINED BY THE[CITY/COUNTY]: Section 1. Purpose and Intent The purpose and intent of this Ordinance is to amend the zoning code "schedule of uses" in each zoning district to expressly prohibit well stimulation uses for oil and gas exploration and production. Section 2. Applicability The provisions of this Ordinance shall apply to all oil and gas exploration and production well uses within the [City/County]. Section 3. Definitions The definitions section of the [City/County] Land Development Code Section shall be amended as follows (new language is underlinedexisting deleted language shown as strikethreugt): DEFINITIONS: For the purposes of the (City/County] Land Development Code, "well stimulation"shall mean a well intervention, exploration, operation,or maintenance procedure performed by injecting fluid into a rock formation in order to increase production at an oil or gas well by improving the flow of hydrocarbons from the formation into the wellbore. Well stimulation does not include routine well cleaning that does not affect the integrity of the well or the formation. Section 4.General Provisions The [City/County] Land Development Code Section shall be amended as follows (new language is underlinedexisting deleted language shown as stral No Person or entity may engage in any oil or gas exploration or production that utilizes well stimulation within [City/Countvl within the following zoning districts: [list zoning districts]. 2 154 Section 5. Severability If any part, section, subsection, sentence, phrase, word or other portion of this Ordinance or any application thereof to any person or circumstance is declared void, unconstitutional or invalid or unconstitutional as applied for any reasons, such part, section, subsection, or other portion of the prescribed application thereof, shall be severable and the remaining provisions of this Ordinance, and it is the intent of the local government that all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. [City/County] declares that no invalid or prescribed provision or application was an inducement to the enactment of this Ordinance, and that the remaining portions of this Ordinance would have enacted this Ordinance regardless of the invalid or prescribed provision application. Section 6.Codification,inclusion in code and Scrivener's Errors It is the intention of the [City/County]that the provisions of this Ordinance shall become and be made part of the Land Development Code; and that sections of this Ordinance may be renumbered or re-lettered and that the word "ordinance" may be changed to "section," "article,"or such other appropriate word or phrase in order to accomplish such intention;and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or re-lettered and typographical errors which do not affect the intent may be authorized by the [City/County] Manager, or the [City/County] Manager's designee, without need or public hearing, by filing a corrected or recodified copy of same with the [City Clerk/ Clerk of Circuit Court]. Section 7. Effective date The effective date of this Ordinance shall be effective upon adoption as provided by law. DULY PASSED AND ENACTED IN [City/County], Florida,this_day of_, 20_. [CITY/COUNTY OF] ATTEST: BY: Mayor/Chairman Clerk APPROVED AS TO LEGAL FORM: City/County Attorney 3 155 i _-** _Ott ,- C=.Z WCC z— LAO 1""" = "J tk10CD Ig A b 1 O c Z , W WW a) a) E CD O^ = O A 4 v al -p c — Co O v0 "0 c v E .c E o •" a cn Co t 0 v L s •O a N c +a >. O N 0 3 E c imm C 0 f° �° = v LL CO N N N -C4. "d 5•+ L L C H v •c •3 L ° a L t L c0 '� ,° 3 .0 .e.+ c L L Cora c a, = •E9 3 0 E Q E cii C. °v vO � W C, f �, o ,- c °N O � oo > a, tn CI) CU u E a c}c v v w a) u `oi •� N M f- E a v `•3 0 •v bO 'a 3 c 4' _c o c u 4`. O) 46-, O *E V t O 3 O 'a O C �' LEi Ai flr-i f0 c N c 0 in t N = M a)COV Q 0 t co C! cn �. L c L �' E OD O U H fa !Ill N N W 6 (5 ? 9- V .C.' Q f0 oj `I = 0 — LO .0 D c = Q 4 I— D w ° _ E L 2...-) LL 0 Om om O = > AAAAAA Q ov° 156 ,, _ . . ,--Adritti 10 :: ..:._„......s.. _,*,..„ „ . .-.) Ts Filo 2411F Pa ..4.: +Ow CIA '''''' ' sir a 7 ,irairof 4 c , , c, ......, . 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C 2 O a) .o _� fl. y� v O Lu O_ CC Z 07 I.L. ce 4.0 C `n GJ 0) C -0 -6 o a) O 7 'L u, N = c0 d0 C M c0 L .— C ii .0 c0 `^ y cc z 4/1 aJ v L O 41 Oc to 1- C > C ON o C ° -D OU N C O N 0 •ti 0L Z o • c0 C c0 w O O t. v4- ° C 41 ri c .� 0A ;�• O � 4...c.) fl. to O i+ .0 O V N O +r N z in C A CU U C = U > I— '- a a v 0 0 d . 4J C 44 CZ t *+ +.+ re 157 reTHINK ReThink Energy Florida: A statement on the EPA's Draft Assessment of Hydrauli❑Frarking FLJORIDA Last week the Environmental Protection Agency released its Draft Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources. The mainstream media coverage was quick to report that the Draft Assessment described fracking as not problematic regarding drinking water effects. The Wall Street Journal's June 4, 2015 Opinion page touted "The EPA Fracking Miracle," and Newsweek magazine on that same day went so far as to publish this headline: "Fracking Doesn't Pollute Drinking Water, EPA Says." That headline is categorically false. The Draft Assessment actually stated, "Of the potential mechanisms identified in this report, we found specific instances where one or more mechanisms led to impacts on drinking water resources, including contamination of drinking water wells." These media outlets would seem to be fixating on one of the conclusions reached in the Draft Assessment: "We did not find evidence that these mechanisms have led to widespread, systemic impacts on drinking water resources in the United States."The Draft Assessment does not define"widespread"or"systemic" but EPA's lead scientist on the project Dr.Jeff Frithsen did admit in a webinar discussing the Draft Assessment that"it's a finding that could reflect the lack of data available for this Assessment." Why did the EPA lack data for their assessment? Dr. Frithsen also stated in the webinar that"Confidential business information continues to limit a complete characterization of the chemicals used in hydraulic fracturing operations. So even our database of 1173 chemicals is at least slightly incomplete in terms of characterizing the chemicals used in hydraulic fracturing." How slight is "slightly"? From the EPA analysis of the FracFocus database, which fracking companies use to voluntarily disclose what fracking chemicals are used, "Operators designated 11%of all ingredient records as confidential business information." So well over a hundred chemicals used in fracking are held secret by the fracking companies, and thus their effects on drinking water sources were not studied. Another reason widespread effects on drinking water supplies were not found in the Draft Assessment may be that it does not address potential effects on drinking water resources from the use of disposal wells for fracking wastewater. However,the Draft Assessment does admit that disposal wells are the primary management practice for hydraulic fracturing wastewater in most regions of the United States. Disposing of 98%of the produced water from fracking in injection wells and then excluding them from the study makes assessing the totality of the effect of fracking on drinking water very difficult. It may also be that no widespread effects on drinking water were found because the study itself was not particularly widespread. For example, though the report states that "Hydraulic fracturing took place in at least 25 states between 1990 and 2013,"the frequency of on-site chemical spills could only be estimated for two states: Pennsylvania and Colorado. Between those two states, estimates of fracking fluid and produced water spill frequency at fracking sites ranged from approximately 0.4 to 12.2 spills per 100 wells. That does not include spills that may have occurred off- site during the transportation of these chemicals. Even if this woefully inadequate Assessment was correct about fracking having no widespread, systemic negative impacts on drinking water supplies, the facts remain that fracking has been conclusively linked to water contamination and earthquakes,that the negative social effects of rural areas becoming industrial areas do occur,that an excessive amount of water is used and taken out of the water cycle, and that property values decrease near fracked sites. For these and many other reasons, despite what the Wall Street Journal calls a "Fracking Miracle," ReThink Energy Florida will continue to endorse a ban on fracking in Florida. 158 US EPA's atr t.y confirms water contamination caused by(racking I Ohio Environmental Council 6/14/15.12:33 PM ,y f7'-!,.4.1.°"511, ! , ,v Connect with us Search this site HomeOur WorkLegislationNewsroomResourcesCalendarAbout UsTake Actionllonate US EPA's study confirms water contamination caused by fracking Iiiirab,.' t_• tir' ti 4 kiiiihiegiag . , . iv! i.1116111111111iiPlirillir' - diiiiiiimi Porrs,..1,- ,„ pipiropriii,14, . . „:„.. , 4.1.1, 11111111117 la1. "� wry z 11111111 Aalliiii iri. iii - Mai- Xeit'4 11111/1/111 it 1 7.; ii vii Litapt. ,,,, 4 it VI cheeiestm rr By Melanie Houston Pictured to the right:A map of existing fracking wells in Ohio.Source: Frac Tracker Alliance The US Environmental Protection Agency's (US EPA) recently released study-of fracking impacts to water clearly refutes the fracking industry's long-standing claim that"there has not been one single confirmed case of water contamination related to hydraulic fracturing." In a thorough debunking of the industry's favorite talking point, US EPA officially confirmed that hydraulic fracturing activities have directly and irrefutably led to cases of water contamination in Southwestern Pennsylvania,Northeastern Pennsylvania,and Killdeer, North Dakota. Below is a brief summary of the findings in each of these areas. It should be noted that US EPA found clear httr/Mrww.theoec-cug/one-ohio/us-spa's-study-confirms-water-contamination-caused-fracking Page 1 of 4 159 US EPA's.stuJy confirms water contamination caused by fracking j Ohio Environmental Council 6/14/15,12:33 PM evidence of water contamination in 3 of the 5 case studies explored in the study: • Southwestern Pennsylvania: US EPA found increased levels of chloride in ground water at locations near an impoundment site which was used to store hydraulic fracturing drilling wastes and wastewaters. US EPA noted that, "the chloride contamination likely originates from the impoundment site based on multiple lines of evidence." • Northeastern Pennsylvania: US EPA found, using multiple lines of evidence, that 9 drinking water wells were impacted by stray gas (methane and ethane)from nearby hydraulic fracturing activities. • Killdeer,North Dakota: US EPA found the presence of brine and tertiary butyl alcohol (TBA) in two monitoring wells in the Killdeer aquifer.According to the US EPA, "the only potential source consistent with the TBA and brine at the two monitoring wells was the blowout during hydraulic fracturing that occurred in Killdeer,ND." In 2 of the other case studies in the Raton Basin of Colorado and in Wise County,Texas, US EPA could not draw definitive links between the negative water impacts studied (gas migration,TBA in domestic water wells, and the presence of brines in domestic water wells) and hydraulic fracturing activities.Though, hydraulic fracturing also could not be ruled out as the source of contamination in these cases. US EPA also highlighted the significant vulnerabilities of the water life cycle to hydraulic fracturing activities.According to US EPA,our water resources are vulnerable during every single stage of the hydraulic fracturing process.This includes during water withdrawals, when chemicals are being mixed with water, when the well is being "fracked,"when fracking fluids and flowback come back up to the surface, and when the fracking fluids are being treated and transported for disposal. Not surprisingly,the oil and gas industry has completely mischaracterized the results of the study. US EPA took a very cautious—some might say overly cautious—approach to revealing the results of the study, atuncing it found no evidence of"systemic"or"widespread" impacts to drinking water. But, instead of acknowledging the real problems uncovered in the research, the oil and gas industry has inaccurately cited it as proof that fracking poses no threat to our water.The industry is playing fast and loose with the facts,per usual. US EPA officials have come out publically against this complete mischaracterization of the results. In an interview with the Charleston Gazette, EPA science advisor and deputy administrator Thomas Burke said: "The message of this report is that we have identified vulnerabilities in the water system that are really important to know about and address to keep risks as low as possible." While the findings of this study are revealing in a number of ways, they are by no means comprehensive. Some of the limits of the research include: • insufficient pre and post fracturing data on drinking water resources; • a paucity of long-term systematic studies; • the presence of other sources of contamination which prevent determining a definitive link between hydraulic fracturing and water impacts; and • inaccessibility to information on hydraulic fracturing activities (i.e.fracking companies refusing to cooperate with the US EPA's research efforts) nttp://www.theoec.org/one-ohio/us-ape's-study-conf nns-water-contamination-caused-fracldng Page 2 of 4 160 US EPA's stu;:y confirms water contamination caused by(racking I Ohio Environmental Council 6/14/15,12:33 PM Additionally, the study didn't consider the variety of other impacts related to fracking, which the state of New York considered before issuing a ban on the practice.These include hydraulic fracturing's impacts to air, soil, ecosystems, wildlife, public health and communities. As a citizenry we demand laws from our public officials to protect us when industry poses significant risks to public health. Vehicle safety laws and public smoking bans are just a few examples. The US EPA study highlights that fracking is not only a significant threat to water, but a threat to public health and quality of life for thousands of people across the country. The time is right to put protections in place in Ohio to ensure our drinking water, surface water, and air are protected from the inherent risks of fracking.That's why we have proposed the SAFER GAS Act. Learn more about the SAFER GAS Act and current fracking issues at our Act on Fracking campaign page. Like what you read?Please share widely and help us get this news in front of as many people as possible! Issue: • Clean Water • Fracking Date: Tuesday, June 9, 2015 - 1:45pm Newsroom o Press Releases o One Ohio Blog o OEC In the News o Social Media o Media Contacts o Videos, Photos & More Donate Now You can be the champion Ohio's environment needs.Donate today! Donate Stay Informed Sign up to receive our latest news & action alerts on today's most urgent issues. http/www.theoec.org/one-Ohio/us-epa's-study-confkms-water-contamination-caused-hacking Page 3 of 4 161 R+R jS tip Por' x k 410 NIP ''' c x W CZ) Z W11-- J .. 411W-1,11) .40M 3 vsc O 0 y C O Z c W I J 0 C 0) C 0 O0 0 f0 0 'Q 0) O. CJ CO a) -0a E ° o v 6- �' ° _ N o v •— = Q. V) " t 9 y L G N — U p I- 0 3 ted\ -C.,_, O t '^ -a O 4:, •ice, O▪ N C ° 3 d1 f0 12 H 4-0 LL. co c° 4! 0— N 4-' 3 `m O a L f° 0INC 0 L N C to �-+ "- 3 _ `L° C ° c a, _ a) 0 0) 3 v Q E 3 > -a E _ �; o o -, _1 N E _ 112 O 0) {-' E d O p L A v U a1 o a o0 ° • -= N 4- (, N Q °Ja CC ° ai " vo) II NM N O o s L Q" CU +,, i v C CL) M N -� O EO 0A - >, U 4_ C 1 Y v (D a. c y L O L C o N vi t/) N +_ = = O V V d� +r .-1 co L7 t u H CO C = •L = -a H -C i CD C 4- O 40 V) ++ •- �+ = CT 00 0 = C 0 i4 0.► LL C0 2 'o m O � A A A A A A Q 0 4� 162 1w 'ec// ,o, ,a-" o\� INDIAN RIVER COUNTY rriiiiER ; ,,, ,,,,,,k , ,� �, ' ),,,,,, -�, SOLID WASTE DISPOSAL DISTRICT z to '� 4_�� BOARD MEMORANDUM Date: June 25, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Servi.• �l` Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District .N'• Subject: Indian River County Former Correctional Institution Land DESCRIPTIONS AND CONDITIONS: The State of Florida has,for several years,tried unsuccessfully to sell the former Correctional Facility located just south of the Indian River County Landfill. Recently the State had undergone a second attempt to receive qualified sealed bids for the subject property. Solid Waste Disposal District (SWDD) staff on January 20, 2015, brought an agenda to the SWDD board for approval to submit a qualified sealed bid for the property. At that time, the SWDD board unanimously voted not to submit a minimum sealed bid (Minimum bid amount at that time was$749,000). ANALYSIS: Based on previously unsuccessful attempts to sell the property, the Surplus Land Sales and Dispositions section under the Division of State lands entered into dialogue with County staff to examine possible paths forward, while adhering to state statutes. The SWDD owns a large section acreage west of 1-95 that is reserved for future SWDD related uses. The possibility of doing a land swap began to take shape and staff from the Division of State lands worked with SWDD staff to gather data to explore this option. Ultimately, a land swap option was not feasible due to several factors that included the future SWDD site as having a large, unusable surface water body and a power line easement that cuts through a good portion of the land. On June 12, 2015, county staff sent an informal offer to the State, based on prior SWDD board discussions that identified some of the constraints of the land. Those constraints were the fact that a phase 1 and phase 2 site assessment were needed to determine if any environmental impacts exist on the correctional facility. The associated structures, which may have been included in the appraisal assessment, are of no use to future landfill operations and would need to be demolished. Assuming no asbestos or lead paint exists,tentative demolitions costs for removal and burial of the material is estimated to be$250,000. Coupled with the miscellaneous costs the County would incur above and beyond a purchase price, an offer of $450,000 subject to SWDD Board approval was tendered to the State. SWDD Agenda-IR Correctional Institution Board direction for purchase 06_29_2015 Page 1 of 2 163 On Friday June 19, 2015 the Division of State Lands replied. See Attachment 1 for the electronic mail exchange. The State's position was to either put the property back on the market or receive a qualified offer from the County consisting of the following: • Purchase price of$715,000 (appraised value) • "As is where is" • County pays all costs of closing, advertisement and brokerage fee to CBRE. Note:the County would still need to incur approximately$275,000(est.)in additional monies for an environmental assessment and demolition charges. The purpose of the agenda is to bring this item to the Board's attention. The price tag of$715,000 for the land plus the associated closing costs plus demolition charges is too high for staff to recommend to the SWDD Board. The State has since put the land back on the market with a minimum starting offer of$715,000 with a bid closing date of Thursday,July 2, 2015. FUNDING: There is no funding necessary with this informational update. ACCOUNT NO.: Description Account Number Amount RECOMMENDATION: Staff is requesting future direction from the Board if the State is not successful in the current open market solicitation. ATTACHMENT: Indian River Co. Approved Date 1. Electronic Mail Exchange Administration et 0/6 LegalI��.- - -J� APPROVED FOR AGENDA: Budget A 4I30(I5 sWDD �/��� �ZR jt� By: „Q,f J ) 4, RsWDD-Finance — I Jose h A. Baird, County Administrator Data SWDD Agenda-IR Correctional Institution Board direction for purchase 06_29_2015 Page 2 of 2 164 Vincent Burke From: Henson,Ann <Ann.Henson@dep.state.fl.us> Sent: Monday,June 29, 2015 3:27 PM To: Bill Debraal; Ellison,Janice Cc: Godfrey, Lynda;tom.karpenske@cbre.com;Jason Brown;Joe Baird;Vincent Burke Subject: RE:Indian River CI Hi Bill: Thank you for your email Working with you Is always a pleasure As Janice mentioned in her email, we have put the properly out for inv'rt rtion s to offer. 'It-ft. rt er closing date will he July 2, 2015. Please click on the CBRE link to view the documents. Please let me know it I may he of assistance to you the future. httri/www.chre.comiStateofFloridaSurplusLancls. Ann Henson 850-245.2785 From: Bill Debraal [mailto:BDebraal@ircgov.com] Sent: Monday,June 29,2015 2:27 PM To: Ellison,Janice Cc: Henson,Ann;Godfrey, Lynda;tom.karpenske@cbre.com;Jason Brown;Joe Baird;Vincent Burke Subject: RE: Indian River CI lanice: the $715,000 price tag was just too high for staff to recommend to the Board of County Commissioners. At their nest meeting of July 7, the Solid Waste Department is going to bring forward an agenda itern informing the Board of the reduced $715,000 appraisal and ask for direction. At this point, we are not asking you to continue to deal excursively with the County as we fully understand your desire to promptly surplus and sell this property. If the Board gives us any direction on the $715,000 purchase price, I will promptly advise. Al, always, it is a pleasure working with you and Bill DeBraal Deputy County Attorney (772) 226-1426 From: Ellison,Janice [mailto:Janice.Ellison@dep.state.fl.us] Sent: Friday,June 19, 2015 11:44 AM To:Bill Debraal;Vincent Burke Cc: Henson,Ann;Godfrey, Lynda;tom.karpenske@cbre.com;Jason Brown;Joe Baird Subject: Indian River CI Good morning: 1 165 time l . , ' .-i I . _. i, __ it, I tt' =]i''itil _ nc' �4dTe would i':ot (0F; ed f i Jr_Uin1g ,i ‘,f the four ;)ort O`t 'r -i JGrla! T.t•- V've also .t L:et i the (_ou .i, _ ofti_ o' 0,.)0O t , t7'_ 1 bei ,,. �'n'ii(antly legis th,Th ou0 'c r mlr c.i I•T the app 1 by the slate ke 1 with the ( unity we are Uru lie to recommend a salt: tca ftan the dl)j! r ''5d: r1 'udll3E. '.Ve would Iii- willing to recomryiend to the Board of Trustees a s, le to _he Count', in the amount of`:.,71S riot) b, quit ( l ale' Js` st e'e is'' deed with the County paying all costs of c lO ming and the costs of the appraisal, addve r' .,,'IE; ah-' til 'ol(E m e fee to CBRE. If the %.t,urity is unable to proceed with the terms above will be placing the: prope:t'i out for i i as o„I as possible. Therefore t,,e ask that the County respond by We dne sday, Hi le 24, 2013 01 500110r. it you have arty questions, please let me know Again, thank you and I look forward to hearing from you soon j<•aN/r%hl'e, Janice Ellison, Proprarr Consultant Surplus Land Sales and Dispositions Bureau of Real Estate Services Division of State Lands 850-245-2555 Ext. 54690 From: Bill Debraal [mailto:BDebraahthirc.eov.com] Sent: Friday,June 12, 2015 4:08 PM To: Ellison,Janice Cc: Henson,Ann;Godfrey, Lynda; urn I <o ren eCcbre.cDrn;Vincent Burke;Jason Brown;Joe Baird Subject: RE:Contact Information Janice: After we spoke this afternoon I had the opportunity to speak with Vincent Burke, Utility Director, Jason Brown, Budget and Management Director and Joe Baird, County Administrator. Subject to Board of County Commissioner's approval, the County would offer to purchase the +99 acre former Indian River Correctional Institute site for $450,000. We understand that this is less than the current appraisal but we expect demolition costs to be approximately $250,000 for the 139,000 sq. ft. of buildings at the site. The thickness of the reinforced concrete in some of the buildings and expected asbestos in sonic buildings in the reasoning behind this offer. We also anticipate spending upwards of $20,000 in Environmental Site Assessments (Phase I and limited Phase II) for the property. As I am out of the office next week, you may contact Vincent Burke at 772-226-1830 in roy absence. Thanks Bill DeBraal Deputy County Attorney (772) 226-1426 2 166 From: Ellison,Janice [, _ El ;;_ :; • ] Sent: Friday,June 12, 2015 2:50 PM To: Bill Debraal Cc: Henson,Ann;Godfrey, Lynda;tom ' 1encon-1 Subject:Contact Information I will be leaving the office early today but I will receive anything you send by email. You may also reach me on my cell at (850)519-0254. Thanks 740. J,.f.:u, Janice Ellison, Program Consultant Surplus Land Sales and Dispositions Bureau of Real Estate Services Division of State Lands 850-245-2555 Ext. 54690 LE , 3 167 15 eco INDIAN RIVER COUNTY O'ER 11'1 SOLID WASTE DISPOSAL DISTRICT 7 BOARD MEMORANDUM - Date: June 30, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director,Solid Waste Disposal District �. b... Subject: Single Stream Transfer Facility Update DESCRIPTIONS AND CONDITIONS: On April 21, 2015, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the Solid Waste and Recyclables Collection Franchise Agreement to Waste Management, Inc. of Florida commencing on October 1, 2015. A primary element of this is the switch to single stream recycling. Staff has been evaluating various options to construct a new single stream transfer facility to properly store and load recyclable materials. ANALYSIS: Our existing dual-stream facility is over 20 years old and does not have capacity to hold single stream recyclables. Staff has been evaluating options to construct a new single stream transfer facility; however, it has been challenging in terms of coming up with a solution that can be implemented in a very short time while keeping the current operations going. We looked at a turn-key solution through a National Joint Powers Alliance or NJPA contract with Blue Scope Construction, Inc. Blue Scope submitted a fixed/firm price for a turnkey project to build an 8,000 square foot pre- engineered Varco Pruden Building in the amount of$1,129,817. This was substantially higher than our current budget,therefore, other alternatives were explored. Waste Management offered their experience and expertise in designing and building recycling transfer facilities. They have proposed a turn-key project utilizing a 6,240 square foot fabric based building for a cost of$295,000.This price includes demolition of an existing 2,300 square foot steel structure, improving tipping/loading area and install push walls provided by SWDD. The existing structure is used for white foam recycling only which may have to be put on hold while the equipment is relocated.There is an assumption that the existing concrete is structurally sound which is based on past historic use by heavy equipment/vehicles. If not, additional work/cost may be necessary. Waste Management estimates that it will take 3 months to construct the new facility upon obtaining permits. They have eliminated the loading ramp to modernize our facility. This change will require Republic Services to utilize a loader that is capable of loading the transfer trailer directly from the ground. A preliminary notice has been provide to Republic Services; however, at this time, it is unknown if additional charges will apply. Due to the short timeline and the lower cost of this option, staff recommends the Board waive the bid process and award the turn-key project to Waste Management. SWDD Agenda-Single Stream Transfer Facility Update Page 1 of 2 168 Summary: The plans to upgrade our transfer facility has not proceeded on schedule; however, a turn-key proposal from Waste Management will allow us to be ready at the latest by end of October 2015. In the meantime,we can maximize the interior storage that we have and plan on covering the exterior material at night. FUNDING: Funding for the new single stream transfer facility is included in the fiscal year 2014/15 budget in the SWDD Recycling Fund which is funded from SWDD assessments and user fees. ACCOUNT NO.: Description Account Number Amount SWDD—Capital Improvements 411-166002 $295,000 RECOMMENDATION: Staff is recommending the following to the SWDD Board: 1. Waive the bid process and award the turn-key project to Waste Management in the amount of $295,000 to construct a new single stream transfer facility. Authorize the Purchasing Manager, in conjunction with the County Attorney, to issue a purchase order to Waste Management. ATTACHMENT: 1. Turn-key Proposal from Waste Management, Inc.of Florida APPROVED FOR AGENDA: Indian River Co. Approved Date Administration A. jl By: 22.,21,4.,§Q.,,, JosA. Baird, County Administrator Legal !$ I 3 Budget C(STIP Or: a9D/‘ SWDD Dat SWDD-Finance Pu .OAS s«+G- .1 6/301,3" SWDD Agenda-Single Stream Transfer Facility Update Page 2 of 2 169 WASTE MANAGEMENT • LUKE DEBOCK CONSTRUCTION MANAGER WASTE MANAGEMENT INC.OF FLORIDA 2700 WILES ROAD POMPANO BEACH,FL 33073 954.984.2029 PHONE 954.984.2057 FAX June 30, 2015 VIA EMAIL TO hmehta@ircgov.com Himanshu Mehta, P.E. Managing Director, Solid Waste Disposal District Indian River County Landfill 1325 74th Avenue SW Vero Beach, FL 32968 Re; Proposal for Turnkey Transfer Station for Single Stream Recyclables Dear Mr. Mehta: We are pleased to submit this proposal of Waste Management Inc. of Florida, ( "WMIF"), to enter into a definitive agreement(the "Definitive Agreement") with Indian River County ("County"), to design, permit and construct a transfer station for the loading and transfer of single stream recyclables, all upon the terms and conditions described generally in this proposal. While the Definitive Agreement would be prepared by counsel for the parties, the principal points of our understanding which we contemplate would be included in the Definitive Agreement are set forth herein. Additional provisions customary and usual to the transactions contemplated herein will be added. Permitting: WMIF will manage the permitting process. Permits will be held in the name of the County. The County will assist, to the extent permitted by law, in the process. It is estimated that the process will take approximately one month. Obtaining all required and appropriate permits shall be a condition precedent to construction of the transfer station. Location: The County will provide a location for the transfer station at the Indian River County Landfill. The location is set forth in the sketch attached. It includes a concrete pad that was previously utilized by the County as part of another structure.The County represents that the pad is structurally sound, is at an elevation suitable and appropriate for this project and can be utilized for the purposes herein. The pad is approximately 6240 sq. ft.The County represents that the location is serviced by appropriate access roads that can accommodate the vehicular traffic usual to a transfer station. WMIF is not obligated to design, improve or construct roadways or utility connections. Construction: The transfer station will be a turnkey pre-engineered tent-type structure without walls.Transfer trailer loading will be over-the-top.Trailers will be handled in a drive-through manner.This will be a turnkey key construction project. A turnkey project is one constructed so 170 that it could be sold to any buyer as a completed product. This is contrasted with a design-build, where the constructor builds an item to the buyer's exact specifications. However, for clarity purposes, the turnkey construction shall not be construed to include work or activities not specifically set forth in the scope of work. The transfer station will accommodate approximately 2,500 tons of recyclables per month. All equipment to operate the transfer station shall be the obligation of the County. Scope of Work: WMIF will provide engineered permit drawings prepared by tent structure manufacturer. WMIF will demolish the existing 2,300 sq. ft. steel building. WMIF will fill in the existing loading dock and improve tipping/loading area by concrete paving not to exceed 2,000 sq. ft. WMIF will install 78'wide x 80' long tent structure with 18 oz. fabric cover on steel trusses anchored to existing concrete slab. WMIF will install push walls composed of concrete blocks supplied by the County(at no cost to WMIF). Access: The County will provide full access to the location by WMIF to conduct its activities under the Definitive Agreement. Time for completion: It is estimated that the transfer station will be completed in four months after notice to proceed provided that all permits are obtained in one month. Should additional time for permitting be required, appropriate extension of the completion date will be made. In addition, force majeure events or severe weather conditions shall allow WMIF additional time and compensation to complete the project, as appropriate and as mutually agreed upon by both parties. Procurement: The County represents and warrants that it has the authority and power to enter into a Definitive Agreement with WMIF for this project without a competitive solicitation. Alternatively, both parties can mutually agree to the utilization of a purchase order for this work. Base Price: Total compensation to WMIF, for the layout as shown on the attachments, shall be Two Hundred Ninety Five Thousand Dollars ($295,000.00)excluding any permit and disposal fees which will be paid directly by the County. Other Documents: Counsel for the parties will promptly prepare the Definitive Agreement and such other documents, exhibits, schedules, representations, warranties, terms and conditions as are customary and appropriate in connection with a project of this type. Please advise as the County's interest in this proposal which is subject to being withdrawn by WMIF upon five days'notice. Sincerely, .7T ;4D z_N LUKE DEBOCK Construction Manager 171 ,1 P Waste- s."-ThillE/ Environmental FABRIC STRUCTURES www.bigtopshelters.com Big Top Structures provide the flexibility and durability to meet your Waste Management needs. When it comes to protecting your goods and equipment, Big Top provides a durable solution that can fit within any budget. From doors and entryways, to HVAC, electrical, and lighting - there's practically nothing we can't customize to your specs. Climate Controlled/Ventilated - Big Top structures maintain a comfortable, even temperature that varies between +/-15 degrees outside conditions (cooler in the summer and warmer in the winter). Weatherproof - Big Top fabric structures provide the ultimate in protection from rain, heat, cold and high winds. Engineering available upon request. Quick Installation - Buildings can be installed in a daystime (2500 sq.ft) and can also be disassembled &relocated as the needs and operations of the project change. s.,., IFY } I r W�� sales©bigtopshelters.corn - 1-850-584-7786 - www.bigtopshelters.corn __________ CMK Design Studio,Mc. PROPOSED 78'x 60'TENT STRUCTURE ,-n„-- Z p OE O U_ ZO!O U Z S Ai 1ilb.V'1 �* i j I-W= 6 t` acct > 1 11%. 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