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HomeMy WebLinkAbout07/14/2015 BOARD OF COUNTY COMMISSIONERS „ Ep r~ INDIAN RIVER COUNTY, FLORIDA a COMMISSION AGENDA TUESDAY,JULY 14,2015 - 9:00 A.M. Commission Chambers Indian River County Administration Complex (�} 180127 th 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 Commissioner Wesley S. Davis, Chairman 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating the Week of July 19, 2015, as Treasure Coast Waterway_Cleanup in Indian River County 1 B. Presentation Announcing Commemoration Week on the Loss of the 1715 Fleet, July 26 to August 2, 2015, by Pamela Cooper, Supervisor, Archive Center& Genealogy Department, Indian River County Library, and Michael Zito, Assistant County Administrator, Indian River County 2-3 July 14,2015 Pagel of 8 6. APPROVAL OF MINUTES PAGE A. --Regular Meeting- June 16, 2015 --- --- - ---------------------------------------------------------------------------------- 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Retirement Award and Proclamation Honoring Christopher J. Kafer, Jr. on His Retirement from Indian River County Board of County Commissioners Department of Public Works/Engineering Division With Sixteen Years of --Service 4-5 ------------------------------------------------------------------------------------------------------------------ B. Retirement Award and Proclamation Honoring Albert J. Loudermilk on His Retirement from Indian River County Board of County Commissioners Department of Utilities Services/Operations Division With Twenty-Six --Years -of Service 6-7 ------- ---------------------------------------------------------------------------------------------------------- C. Retirement Award and Proclamation Honoring Ronald J. Lefebure on His Retirement from Indian River County Board of County Commissioners Department of Utilities Services/Operations Division With Twenty-Seven Years of Service 8-9 8. CONSENT AGENDA A. Approval of Warrants—June 26, 2015 to July 2, 2015 __(memorandum dated July 2, 2015) 10-17 B. Indian River County Tax Collector, Carole Jean Jordan, Errors and Insolvencies Report for the 2014 Tax Roll __(letter_dated July 6, 2015) 18-29 C. Resolutions Delegating the Authority to the County Administrator or His Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the time frames of July 15, 2015, through and including August 17, 2015, and August 19, 2015, through and including September 14, 2015 __(memorandum dated June-30,2015)------------------------------------------------------------30.34 D. Authorization for Out-of-County Travel for Assistant County Attorney to Florida Association of Counties Policy Conference __(memorandum dated July 8, 2015) 35-36 ------------------------------------------------------------------------ E. Granting of Utility Easement to Titone Properties, L.L.C. for Servicing 1753 N. Indian River Drive in Sebastian __(memorandum dated July 1, 2015) 37-43 July 14,2015 Page 2 of 8 8. CONSENT AGENDA PAGE F. Cost-of-Living Increase for Teamsters Bargaining Unit Employees _(memorandum_dated July-8,2015)... ______44-48_ --------------------------------------------------- - G. Approval of Customer Service Agreement with UniFirst _(memorandum_dated July 6,_2015)...............................................................49-61__ H. Final Payment to Tri-Sure Corporation for Construction of Vero Lakes Estates 12" Master Plan Water Main Extension on 107th Avenue — UCP #4106 _(memorandum_dated July 6,2015)---------------------------------------------------------------62-67 I. Waive the Bid-Process for North RO Panel Replacement __(memorandum dated July 2, 2015)___ 68-70 - ------------------------------------------------------------------ J. Approval of State of Florida Special Olympics Aquatic Championship Meet Agreement for the Event to be held at North County Aquatic Center _(memorandum_dated June-29, 2015)___-___ _71-75_ - -------------------------------------------------- K. Miscellaneous Budget Amendment 019 __(memorandum-dated July-8,2015)............................................. 76-79 -------------------------- L. Award of Bid — 87th Street and 91St Avenue Sidewalk Improvements IRC Project No. 1205, Bid No. 2015036 __(memorandum_dated July 1, 2015)___ 80-90 -------------------------------------------------------------------- M. Award of Bid No: 2015039 Vero Lake Estates Asphalt Millings Project (Phase II), IRC Project No. 1317 _(memorandum_dated June-29, 2015)_______________ 91-101__ ---------------------------------- ________ N. Award of Bid No. 2015044 to Mack Concrete Industries, Inc., for a New Package Wastewater Treatment Plant at Blue Cypress Lake _(memorandum_dated June_29, 2015) _____________________ 102-114 - - - - - ----------------------------------- O. Indian River County Intergenerational Recreation Facility (IG Bldg) at South County Regional Park—Change Order No. 2, IRC Project No. 1135 __(memorandum dated July 1, 2015)________ 115-130 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None July 14,2015 Page 3 of 8 10. PUBLIC ITEMS PAGE A. PUBLIC HEARINGS 1. Public Hearing for Adoption of an Ordinance Establishing the Oceanside Replat Street Paving Municipal Service Benefit Unit (memorandum dated June 30, 2015) 1-31-136- - - ------------------------------------------------ - --- ---- Legislative 2. Public Hearing for Adoption of an Ordinance Establishing the Oceanside Replat Street Lighting Municipal Service Benefit Unit (memorandum dated June 30, 20-15)---------------------------------------------- 137-144 Legislative B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing August 18, 2015: Consider the Establishment of the Oslo Park Area 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 - -- (memorandum dated June 30, 2015) ____________________________145- - ----------------------------------------------------- Legislative 2. Notice of Scheduled Public Hearing August 18,2015: Consider Approval of a Proposed S9ecial Assessment Project for Asphalt Milling Improvements on 9 Lane in the Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two (memorandum dated July 7, 2015 146 Administrative 3. Notice of Special Call Public Hearing July 24, 2015: Consider Amending Section 201.08 of Chapter 201 of the Code To Establish an Amnesty Program Relating to Delinquency Charges on Certain Utility Service Availability Charges __(memorandum_dated July 9, 2015) ----------------------- _______________________147_ Legislative 11. COUNTY ADMINISTRATOR MATTERS None July 14,2015 Page 4 of 8 12. DEPARTMENTAL MATTERS PAGE A. Community Development None B. Emergency Services None C. General Services None 1, Human Services None 2. Sandridge Golf Club None 3, Recreation None A Human Resources None E. Office of Management and Budget 1. Water & Sewer Revenue Refunding Bonds, Series 2005 Consideration of Partial Early Payoff _-(memorandum dated July 8, 2015) 148-149 July 8, F. Public Works None G. Utilities Services None July 14,2015 Page 5 of 8 13. COUNTY ATTORNEY MATTERS PAGE A. Resolution Establishing the Short Term Vacation Rental Advisory Committee __(memorandum_dated July-8,2015)------------- 150-154 ---------------------------------------------- ---------- B. Request for Closed Attorney-Client Session Relating to Indian River County vs. Turner Construction Company et al. (Case No.: 312011CA002999) -(memorandum_dated July 7,-2015)-----------------------------------------------------------------1-55_C. Release of Use Restrictions for Dodgertown Golf Course __(memorandum_dated July-8,2015)----------------------------------------------------------_1-56-1-98- D. 56-198_D. Resolution Supporting Extension of One-Cent Optional Sales Tax __(memorandum dated July 1, 2015)___________________________________________________ _______1-99-2-02- 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Bob Solari,Vice Chairman 1. FPL Okeechobee Energy Center __(memorandum_dated July 7, 2015)______ _203-- C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O'Bryan 1. FAC Growth Management, Ag, & Environmental Policy Co-Chair __(memorandum_dated July 8,2015)--------- 204-213 --------------------------------------------------- E. Commissioner Tim Zorc 1. EMS Supervisors and Paramedic Training __(memorandum_dated July 9, 2015) _____________ 214 ---------------------------------------- 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None July 14,2015 Page 6 of 8 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 1. Work Order No. 1 to SCS Engineers for Household Hazardous Waste Procurement Services _(memorandum_dated July 1, 2015) 215-221 ------------------------------------------------------------- 2. Single Stream Recyclables Transfer, Processing and Marketing Agreement Update __(memorandum_dated July 6, 2015)-------------------------------------------------222-2.30- 3. 22.230_3. Update on the Educational Component for the Upcoming Changes to the Recycling Program __(memorandum dated July 2, 2015) 231.241_ ............................................... 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.corn 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. July 14,2015 Page 7 of 8 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.HL, 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 14,2015 Page 8 of 8 PROCLAMATI,ON DESIGNATING THE WEEK OF JULY 19, 2015, AS TREASURE COAST WATERWAY CLEANUP IN INDIAN RIVER COUNTY WHEREAS, on Saturday, July 25, 2015, the Marine Industries Association of the Treasure Coast in conjunction with the Florida Inland Navigation District will conduct the 8Th Annual Treasure Coast Waterway Cleanup; and WHEREAS, this event will attract approximately 950 volunteers who will participate in cleaning up the waterways of Indian River, Martin and St. Lucie Counties; and WHEREAS, twenty designated sites throughout the three counties will serve as registration and disposal sites for the volunteers to work out of; and WHEREAS, numerous waterfront homeowners' associations have been recruited to clean up their own waterfronts; and WHEREAS, in 2014, over 7.6 tons of trash was collected from approximately 125 miles of waterways with an expectation of a significantly larger amount to be collected this year with an increased volunteer effort. NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that the week of July 19, 2015, through July 25, 2015, be designated as TREASURE COAST WATERWAY CLEANUP WEEK in Indian River County, and all citizens are encouraged to use this occasion to foster appreciation for the Treasure Coast Waterways and assist in the cleanup efforts. Adopted this 14th day of July, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 'Wesley S. Davis, Chairman olan, Vic Chairman Peter D. O'Bryan J eph If. Flescher Tim Zorc Friday—July 31�'—Continued... FEATURED ARTISTS: The Indian River County 1:00-2:00 PM-Capt. Bonnie Schubert o Karen McKee's canvas painting features her Libraries and the Friends of the father,Art McKee working a shipwreck,ca-1952 IRCLtbrarjrin collaboration with The Gold Pelican of the 1715 Fleet o Jim Flood will have paintings of the Riomar the 1715 Bect present a: In 1991,a Mel FisherWreck and the 1715 fleet leaving Havana. sub-contractor named o Clara Miller paintings will be of the Ais Indians Harold Holden,gave her and 1715 wrecks. Commemoration a chance to dive on the 1715 Spanish Plate Fleet Painting courtesy of shipwrecks.Capt. Jim Flood.It depicts Week on the Loss Bonnie went on to outfit the Flota leaving and run three salvage vessels,most recently the Havana July 1715 of the 1715 Fleet 45 foot Gold Quest.She has contracted for the Mel Fisher family and 1715 Fleet—Queens Jewels. DISPLAYS—All Month In 2010,the mother and daughter crew of two, Displays in all libraries:Main,North IRC,Brackett, July 27-31,, 2015 Capt. Bonnie and"Momma Jo,"recovered the and Gifford. Display contributions from the Gold Pelican of the 1715 Fleet. Friends of the IRC Library,1715 Fleet Society, Ron (Official Week:July 26-Aug 2,2015) Rennick,Antiques and George Read. 2:30 PM—4:00 PM -Capt.John Brandon Recovery of Historical Shipwrecks off What do we know about the ships?Salvage camps?Where did the gold and artifacts come the Treasure Coast from?Who are the Ais Indians and what was their Capt.Brandon found his first Spanish coin on the participation?Who was Jonathan Dickinson and beach along the Treasure did he know about the 1715 disaster? Facsimiles of Coast at age 13,and that cargo and personal items on board the ships will same year was introduced be displayed. to legendary Florida 1715 Treasure of the Month found at treasure salvor Mel Fisher. HANDOUTS available for educational purposes. Corrigan Wreck—July 2014 Capt. Brandon applied for a Courtesy of 1715 Fleet Society position with Mel's team, tMUSIC-Al Scortino—singer/song writer will Treasure Salvors, Inc.,and &ail, perform"Spanish Gold"and other songs. EVENTS Mel hired him at age 16.This began a lifelong relationship with Mel and his family.Capt. SPECIAL PRESENTATION-LAST KNOWN Information: Brandon played a key role in all of Mel's INTERVIEW OF THE REAL 8 CORPORATION Email:genealogyPirclibrary.orp, discoveries from the early 1970's on. MEMBERS(1997).The late Dr.Kip Kelso is Phone:772-770-5060 x5 moderator. ARTWORK—June 24-Aug 29 Web Site: Maritime Paintings will be displayed throughout Dates&time are subject to change http://w".irclibrary.org/genealogy/1715.htm the library.The library is grateful to the Vero http://www.1715fleetsociety.com/`­­ Beach Art Club for making these available. 2 July 2015 N THE GREAT TREASURE HUNT CHILDREN'S PROGRAM COST:$55.00 PP—Includes handouts, bus Sponsored by West Bay Trading Company North Indian River County Library,Sebastian transportation,tour,entry fees to McLarty r Would you like an 8 Reales? First, PROGRAM:Children will learn about the 1715 Fleet and Fisher Museums. Registration and tickets you must complete a mission. disaster and make crafts. may be purchased at the library, 2nd Floor Check our website for instructions Tuesday,July 28 at 11:15 AM genealogy department.All checks are to be or visit the library. made to the Friends of the IRC Main Library. Indian River County Main Library AUTHOR BOOK SIGNING PROGRAM:Capt. Bonnie Schubert—Metal SPEAKERS/ LECTURES/ MONDAY—JULY 27,2015 Detecting and diving—crafts and snacks REAL 8 SINGER Sam and Seajay Milner—Musical Treasure / 10:00 AM until 3:00 PM COMMEMORATION DAY Wednesday,July 29—1:00-5:00 PM FRIDAY—JULY 31,2015 SEE OUR WEBSITE FOR MORE DETAILS Hundreds of books have been written about this incredible event in Spanish and Florida history. Al Scortino—singer/ song writer The loss of over 1000 people and eleven ships has 1715 HISTORY BUS TOUR will perform "Spanish Gold" and other songs been written about by historians,divers and With Margaret Weller at the main library. salvagers. Meet the authors and ask the questions Thursday,July 30,from 8:30 AM until 4:00 PM you want to know.Some of the authors will be 10:00 AM—11:00 AM bringing samples of artifacts they own. PRE-REGISTRATION AND PAYMENT IS REQUIRED Capt. Carl Fismer Sit back on a cool and Treasure Divingon the 1715 Fleet This event will be held at the Main Library, 1600 comfortable bus and listen to 215`Street,Vero Beach in the multimedia room on our guide, Margaret Weller, Carl Fismer,affectionately dubbed "Fizz," is a the first floor across from the Friends Gift shop. widow of Bob"Frogfoot" treasure hunter that has dived on some of the world's most famous Weller,treasure diver and shipwrecks. He is often MEET THE AUTHORS: author as we drive by the p Daniel Sedwick Ernie Richards described r real life 1715 wreck sites. Margaret underwater Inn diana David Crooks Pat Clyne was born on the Island of Trinidad and lived in Jones. Carl is an active Robert Westrick Yvonne Addario Venezuela most of her childhood years. In 1969, treasure hunter who Terry Armstrong Tommy Gore she became a scuba-diver and dived with her travels the world looking for treasure and Timothy Walton Margaret Weller husband on numerous wreck sites such as the artifacts. Dr. Eugene Lyon Steven Singer 1733 EI Infante. Later Bob and Margaret exhibited Sam Milner a large treasure display in the West Palm Beach Science Museum and continued exhibiting in many 11:00 am—Noon MUSIC-Al Scortino—singer/song writer will other museums around the country. Last known Interview of the Real Eight Corporation Members on perform "Spanish Gold"and other songs at the STOPS:Wreck sites, McLarty Treasure Museum main library. and Mel Fisher Treasure Museum. Both museums March 15, 1997 at the Main HANDOUTS—Bibliography,author rack cards, will include a guided tour and video. Library wreck sites,brochures on Ais,and J. Dickinson Continued... LUNCH IS ON YOUR OWN AT CAPT.HIRAM'S. W Sponsored by the COMMEMORATION OF THE LOSS OF ��=' THE 1715 PLATE FLEET Friends of the IRC Main Library: in collaboration with the 1715 Fleet Society Present YW ;an EDUCATIONAL EVENT INDIAN RIVER COUNTY LIBRARLES, kJULY s7 31 201 mca t Co Wk ; z 0 - °btiv(paaTtLhf'�<ctaaa�mt'ty�l natianttctrm�hh.ti,na.calhef�f hwatEdaHt,atlia.lmtt"ulRaro:+s m1tto papdittxt'fSE.Itvfterco.azihhn�sxan dwora At[adRt nlatitThPr.tiavdn6oratSiNhc�c�e a�D'a.fnomd tka'rot�n6ni im d�c{ah3ri� hlaC CAP tlamdhTaQ CikochanO4 a 9,01ULY 3 , ' 171 +. . Oa YEARS AascLthrtaefdKdqe4 • tw awY [ha nd. TtU�n a°d Ciow�.ie.nuta'dba�k ItL'r ink Y�ettla fNuan,=afia.wliwh�all the Pknipa Cwlltil d tiw Rcgtncy' epi tam Llt .t :. _ ltntiati i[botlrct. Di0'in;A; »dttj and tM1e Pas=nC�Scaire Ca1in ail es,w Par=ema of on, at a tnapai6tad Supytt., the. atc w Sundn any itrdiitR Prafftccat - MagiNnm of"tht Ioxa=data�g xh�att`m1q Sty canq"d»»w"ttxart tha Reptart'f Ca,N.�' Eleven of twelve ships shipwrecked on our coast duel s wat aade ,bq.ti Kug ma.»te: rtta t,den arc fn;t m[le Eranmat. of ila,(aaridirSt of Tmahpaae k4nh^•Ihtum, d Vaicncientle,dat the Iri rt .Ct�'tdor't. illaminaGtmrs&G:the'tanm:»on People er in Cartiti 4 he flapp'.f (ro:n"b° tmo the to a Very strong hurricane. �: ytaAn,c alp ,het Ja, >+ntd amort•PttrmWa'l, 7I,tatn mf tn- ., a4!".Gw fvFM. Gcetud ukeat froth eaaaS iSw Nnm of I Stith aptm oat htaee L1N St=nday at eiitht in dor'Morni��+g,, Caahfa to e,ke t.:a;e that as tial q pias theta � to Oftrnd�in oMer to ga arh[a Hnghnd tlwncc to Saxland, to[ha Fipxllh of tlM.,' -oo AM with the paxb'fraUw. •'KmR afC;reat&itaim .... k, y Ak.,wd.ty. fats Niabtartir'd hue: Rwtr(lq ZJrm.m. We Mte twat tht fuporr=+ ' - ,.,,-- .. - ' ySaamrda ham Adxwe:i.xs:h tht Nctn.in Reisaon d tbefde Ot'tbt�anth"tEs Fla.- iso'! Weeklyiwx the SusimTtn w a a cbda3 tae t s a»aau des bq ihm a dcF}b ii fad '''* T�JVfl F fl1.ta ti - �S Brit tw�Sateta .va,1-tlaz"a,4'by NK Stag &4.1- d fa -tram C:twf On tlr=�throj - a" pepatiur ttit$'bete ttitk die Ttwtt7��1gn d.' •1Put ftmow`edCttm�"w, ud;hO Grillit�y fkt F*it' •,. Party Nrwat6, ao: 27rt^grat iStmueent frpm[bc tlaaan+ sad wire(ry kw.in L6e'., Nueva Espana-aka New Spain or Mexico—5 ships Mercury tmdebp t1w.FnPcart givta 1gMtffglw,tt Aftextwwa se at�ta>tt�3':yt tGtrcouk to aadayon'the At>Ma of a Gataiee ham the Maatle of the C a ofPaiuma'=.bat the dk"Ca��de fIi�tc,, a e..Sl wap , , Wiad'trotfetcigtatgta. tt•{AaGmorewtpk w • whetn'u iMthe M.tanla of Pum W tlutil¢tmA arful.But baritlii read' "l era Firma (Galeones)went to Columbia—6 ships ,nt=Batt t w.f a itL i��4 tit' aoa�t�y�a dak dwa,aFt . Tu.Ltda6ftntr. nTei tf bq Rnfan°f z:,e.for 6tdfaau the COB of:Platida.'aw[ 3)captured French Ship called the Griffon -lead ship - .of .. (ppyreaa+e Sias,Naidt-£aN,wahaLt atAe.to ma • -7 21.,At dt ARa1 ted., wy ia°fnaSnt utt t ato21., �w lu. --- .,. - =411 laH to R ataa, g jpp�eja waa.fo f� t ttu:Bila tiae bom,Ltt _ • Estimated Boo-i2o0 efl le died including i Generate � Fund titz he library tl s>� oxd�' w.tSr �"�"wtt� "' ^ people Iro6e'Paay,attd,is 'tic 3.11 the,au?tsct'W4 fd frf..Wa • ewspapert �Y . countered the local Ats Indians .: t w' ' t�ryS rh gid. xRapoo�ht a F a tt ta; dittd "'�he'Slri 6m on d they L 41k, {, AC,,�.:._ r s 'hdtec be hn Ade a fin Racvtl a f9 M thry Mae oro kca(awl ala 5°YP( �Y e11t'"�•6.}nilHif' a` subscription _ any{, pa [af&[yttwtaaymedt..'' a `<.. • Get dad bemacxated aAfsAGift xMttVa U�ba T Ak tabnu, f .° 'fm�tttltt� t tie. 4a MitfPt- .. ,CF�awCR°>hri`acy of the➢attifio4or¢c�°�'of Aat:.; Nh,di pa;wt 'o,m"t&t e M r. 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The British Weekly Mercu December t4, 7t5 y ry +. u..z�:.. f;Advice was come from thence that they were not able to get the galleons a-float again; but that they had fished "We have hear(d) the following Relation of the Loss of tup the chests of gold and silver, together with all the the Spanish Flotilla, commanded by Don Juan d -merchandise, e Ubilla, ,and the six ships from Cheves (Echeverz). except the cochineal, which is quite lost." , ,On the 24t' of July the eight ships of the Flota, the six Galleons from Cheves, and the Griffin, set sail from the K. ,� F a. /r W mein Board a Mai .iira� Pick up Brochures k • x •:- 41, ARTISTS A am� t, x y Fleet 1, zais ,,• Jim Flood r Clara Miller Karen McKee Vero Beach Art Club y<. �w .x. 4 JAMES (JINN) A. FLOOD = . Paintings behind the Circ Desk and . gy=p_ Library Staff enjoying g them :.;•;f,' 4At •5 ..2�.� ...... �..... ; ..... ......... �� .... ... Sad ,'.i >:a��';;;$•,xE•lY-tia„.. .'ri�L.. .,.. :. ' .. ,. n...............y.::8.': lW v t °; Vero Beach Art Club `` p - 15 HISTORICAL PANELS „}` a w ,Maritime Paintings by Local Artists CABINET DISPLAYS Main, Brackett & Sebastian LibraryStaff: Hollie MacDougall Marie Correa Michelle Wagner Kittie Buskirk a Pam Cooper Ibis la t' n wn� p Y s Ai s Indians Floor Nlaitt Library i Replica of Spanish Galleon on loan fronrY George Reed A W J 171 S Spanish Fleet Cargo . ...... . . ....: _ ® IN aw .�•' fir, ^'^ 4 «.y[' ..� .~wa NZ 44 + wn•.+..w. a.ws.a....< exe+w•nw a.. .�..r+..r n 1'iLIA[�e.N�t(GI �.iwih FY'4mES21RNlYn0.acePub.UNYRRffi • '�"- �Y �.. .:s, G:iS `� ��j ' 1 — 1YM„1 LMb\Mt gGltirmer#.tiM.LLLLi-1 n:can .n.n ua u 1 'Own 'J .... ._.. � �� •awry „ I' .4 - .,, .....w...._ .,.wa.,....•w. .w...w...., - -- _ ..«nA....w.w..a -� ', � -- '�';�+`:= ,"»."..:':�::.,�: .w.. ~ ��+s*•,'' z.rAunr nwrn a.nmmoroer oe««,n nrrnr gnmm,ryM wee.e...mMn,.m„W f < � �5'�, .4Rp2W(LW rlTMFMTl65H(V gAN111tRTk ..� "�{ <Mtl� itlN nt Rxrp d•Pnn rn.imonbmrm Mtlrtr thm e.WMrrw mage ml+'nnm made alY. �' � :". WwMinO.(S+nP piaMgx.MraW MBanaerw ean[h1a - _.- .� 4�'m � < - gAAAViifnS (.ammW3e irvm tAM1Pv<i.•JaM N! �?rc "'' � .:,, }FIwMMgfMd'a»menh u.qa Msrov aauwwr(M � p[Sp Ba.WM nry unnr�trnir�Yldk,Nnnr+ddrk Nne.mm�ln mnprnui•@(AnhVn Mw mdG nti .' AY.rd«rvmewml wa.M(.rwM �•` � a w errmnr�M1 rr.d<aMMm” r0.rmanx nrmrrw nl«vr ° � x • .ems I S rrr nMi vNN W Mr.+Nn«wA mxnauriNr '•. Salm 0.f..o �MMwaMaMMu� "' �f. � Rihl. enf Mnh(aW ln:�arwMen trYW.w Vran`M mlet Irv+'N • 4 \ X >arw MtarVw.a qp MW Mrem h\ 11.1.:.J mIN 'V F IN r Replica of Salvage Cam � ` � � Siongwriters ...>: R " :ffi • °Al 5cortino-Monday and Friday ,Sam and Seajay Milner- Children's program �.. a i' - M 4 W day q uty z7 moo AM -- o PM � . o� ". ' a AUTHOR (13) BOOK SIGNING ;^' ERNIE RICHARDS TERRYARMSTRONG Main Library - Multi-Media Room COIN EXPERT PA OF SIGWMOPS ' -_ l9vk avbwn wA"b"ntkw LmE:"tdmmiov.0riwtw Sp�wu Syn nvnphp,whgzwhnamephvcd • nl S ha' .Iwwwmt.hWwwtkeK"►aw Ww5U.4mi:rched in rgrarnii�awM.aafwsM9�d:eaWfWuwkxMhxw• ick-The Practical Book of Cobs --�^�h�° °-^-�°�"^•�°-�••drr '�> "• d " q kwnedhow"MwSv,.mm N".mmenwrlM1"`awYY" walwulMw�ranwn9afiYlaAwl^MwYhkawa � 75 rooks-The> > Fleet Bibliography "tl"gw"w"'a°-n:w.° "w ^° "' was,rywwea,„aa"""'wsw'awuawy�u.m .......�. i..e� ' ,, uwam.rhwaaw.h.amwd-I�mnkw.awY.ana w,.m "waesawstpldYoana"a"wna"ar+uetuwxa ' ichards-The Shipwrecks and Their Coins ma+Ywdn6nsinelwl:vdaO.h<bwf bhn llea.ml wheak naai�nY6YpN Anwphrdaq:4.hww MmWa waahwi W WwLa:dan wwA4 mqw<m,wawwrwd Wnk,mwkMYie madwwnwnW8W,1.U,1,U.ud fast wwkw gewn tlwrs ipq Wen EmemdwmetroWhwwgrkt S,wnnh/Ye4H"h nw+a.Smrbie:wlrtliaaw"x,ad P'atClyne-The AtochaOdyssey ^°- �°Fa^�-^�^�^�9k�a=-^^ mmr+meboW-Agwdvpotsbaupdm <wp"me Mywdwrrcahu MwiefmYy,awWeemnM sewn,whwwrn hn Y"me wn",Bmk ww rv,,"w Wi"A,wM ftgn Westrick, -The Treasure Fleet of 1715:Search for the Queen's Jewels -� Y ���a��r--d ,••�"hb .wrwbwwaaw wwhw.w"n.r.:w w."wa.�w�wn. f&Tv rmstron -West of the Bull:A Brief Romance w/ForbFdden Treasure. m..wmwnavwra..:am.:auwmewrn"Iw�aw •',' . ' n k*wa."ewgwnY:m.naasnw:l.nw:ee�w" jammy Gore-The Rainbow Chasers in the Great Florida Treasure Hunt RobealMar_garet)Weller-Shipwrecks Near Wabasso Beach �..."mkw"ww.•sa..��.w..„w ' E enB L on-Search or the Mother Lode of the Atocha f a` spnmd w" rawwmes sass v -Trouble With Treasure 1— -Shipwrecks of Floridan ;.,, ., .ux Walton-The Spanish Treasure Fleets � 3/ m-The Treasure Galleons iR9n:!man� {garr Y7el Mssosaso �. :�. Yaale.r>ssswru C) Tuesday, .tiny 28 — AM 1edrYesd y, .lulya - �:o©- :ct► P1111 CHILDREN'S PROGRAM[ Children's Program } '{ Captain Bonnie Schubert-Metal Detecting North County Library-Sebastian Sam and Seajay Milner + hlldren Crafts and Snacks will learn about the 1715 fleet disaster and t make crafts , Ski s, W: ` a'" _, :+ry Mlwn xMedlndm+snv ..&M ean4,maaaw'ng "V, I i '.'µ �„A3A,£,. j,WyAiHeRypgyyygylyMad BOIPld;4M{� I L�, #' i1lRrrriM�.��6s1'111 tIWY gpvns "”' m W THursday, July 8.30 AM 4.00 PM Friday, July 31, moo AM %- Historical 1715 Bus Tours w Speaker. Capt. Carl "Fizz" Fismer MARGARET WELLER-WIFE OF"FROGFOOT"WELDER,:". Tote Bags with lots of handouts (maps, timeline, bookmarks, magazines, and bibliography) Treasure Diving VISIT FOUR WRECK SITES - on the 1715 FiGC't (Three at Riomar- f One at Turtle Beach) ..MCLARTY MUSEUM w:LUNCH AT CAPT. HIRAM S , +► ..,MEL FISHER MUSEUM , y; V.1 }„ ....,....:<„ice..........., ......... .... .. .. Friday,July 3T - moo AM July A •oo PM 4 REAL 8 CORPORATION VIDEO SPEAKER: Capt. Bonnie Schubert . * LAST KNOWN INTERVIEW of the Real 8 Group was taped at the Main Library during the six-week Tacachale Event- March 1997 �► The Gold Pelican Dr. Kip Kelso was the moderator Col. Dan Thompson, Lieut-Col. Harry Cannon, Louis J. � a✓ r of Ullian, Chief Warrant Officer Bob Johnson,John the 1715 Fleet Jones,Technological Consultant, Del Long, Master Machinist, and Rex Stocker(nephew of Kip Wagner . W y = g Pam(Hall) Cooper taped and introduced V.l W , Fri day, luly31 : + P1 2y x ! SPEAKER: Capt. John Brandon #. s n TREASURE HUNT G. .' 8 REALES (SILVER) xi Recovery of • SPONSORED BY WEST BAY TRADING COMPANY HIStOr1CQV , MUST ANSWER 20 QUESTIONS IN ORDER TO WIN gi Shipwrecks o f f the « - PM FRIDAY, CAPT. BRANDON WILL PULL THE Treasure Coa WINNERS NAME FROM THE TREASURE CHEST i p'd r7 =V VOLUNTEERS Why are we called the "Treasure Coas"t111! VBPJ -- January 28, 1965 Room Setup-M-w-F Monitor rooms •. Answer questions and hand out brochures INDIAN RIVER *TREASURE COASY' � SURVEYS: ask where did they come from The coastline in the Indian Mver area may have found « Assist authors, speakers with their setup itself a catchy name now that Wamer has located hordes of . Make sure equipment is working gold and silver_ g one sttggestlon has been to call it the Treasure Coast, on. . Room cleanup each day par with the Goll Coast thane used in associaUoQ with the southewt Florida coastline. -- Provide water bottles • FivaneAts of the Treasure Coast idea say, that it,,,,o filled . Setup lunch on Monday 81, Sornclhi�ig cornpa �lc to the Gasparilla Fest€vat at Tampa . • CONTACT:genealogy@irciibrary.org— Whyte Tampa has an annual 3nvasidn of pirates, the Indian tl:. ;;;,,,,,,,,,Marcia Eyberse River region might � av+e an Invasion of Spaniards, dressed in;g M the costumes of-sailors and conquistadores. W Ut fS,M WEBSITE SPECIAL THANKS r ;_,Friends of the IRC Main Library SEEK AND YE SHALL FIND THE GOLD AT: Library & county staff INDIAN RIVER COUNTY LIBRARIES 1715 Fleet Society http://www.irclibrary.org/genealogy/1715.htm �► Mary Snyder A 4 li V 40 4ft TREASURE HUNT INDIAN RIVER COUNTY MAIN LIBRARY, VERO BEACH, FLORIDA Answers must be submitted no later than July 315,2015 @ 2:30pm. Sponsored by West Bay Trading Company 1A Place- 8 Reales from the 1715 Spanish shipwreck donated by West Bay Trading Company. 2"d Place-1715 Commemorative Coins donated by the 1715 Fleet Society 3`d Place-$25 gift certificate donated by Captain Hiram's Restaurant. 1. Answer all 20 questions below and don't forget TO RECORD the gold sticker number located in the lower right corner of each historical panel and/or display case throughout the library. 2. Attend at least one event during the week(July 27-31)and record the event number in#20 below. 3. Drop your answers in the treasure chest located at the information desk on the first floor. 4. Drawing will be held on Friday at 3:30 p.m.by our speaker John Brandon in the multi-media room. 1. What time did the hurricane sink the ships? Gold Sticker# 2. What is the Gobierno? Gold Sticker# 3. What did the Spanish seaman say? Gold Sticker# 4. What is the name of the southernmost mine in central South America? Gold Sticker# 5. What is a maravedies? Gold Sticker# 6. What is cochineal? Gold Sticker# 7. When did Jonathan Dickinson first become Mayor of Philadelphia? Gold Sticker# 8. Name a member of the Real 8 Company. Gold Sticker# 9. What number is the Helmsmen and where are they located? Gold Sticker# 10. What is above the crow's nest on the Spanish Galleon? Gold Sticker# 11. What is the Ais"chief'called? Gold Sticker# 12. Who died using his own Diving Bell design? Gold Sticker# 13. What Fleet was the La Holandesa from? Display case# 14. Which display case is the salvage camp? Display case# 15. Which display case is the jar of amber in? Display case# 16. Which display case is the dutch onion bottle in? Display case# 17. How many sails does the replica of the Spanish galleon(2" floor)have? Display case# 18. Name 1 item that is on the Ais display board that is in the Ais cabinet? Display case# 19. What animal did the survivors encounter that later became the Florida state animal? Gold Sticker# 20. What event did you attend? Event# What did you like best? Any suggestions? You do not need to be present for the drawing in order to win.We will contact you. Your Name: Telephone: Email: Address: 1715 SPANISH "TREASURE"' FLEET WRECKS Flota de Nueva Espana—Captain General Don Juan Esteban de Ubilla Went to Vera Cruz, New Spain (Mexico) —collected gold/silver and treasures from the Orient which arrived by muleback after crossing the Pacific from Manila in the Philippines to Acapulco Name 1��1► `7�t ' P��` �E?TES Nuestra Senora de la Regla San Capitana Regla Cabin Wreck* Gold/silver,jewelry,vanilla,chocolate Sank-471 Tons-50 Dimas y San Francisco San Xavier Corri an's Wreck* guns Santo Cristo de San Roman y Almiranta San Roman Corrigan's Wreck* 684 Chests:gold&silver valued at Sank Nuestra Senora del Rosario y San Cabin Wreck* 2,687,416 pesos 450 Tons-54 guns Joseph Pines Wreck* Cochineal,indigo,leather hides,gifts, earthenware jugs,copper sheets,14 chests of Chinese porcelain wares, sarsaparilla,brazilwood Santissima Trinidad y Nuestra Refuerzo Urca de Wedge Wreck Hides,chocolate,spices like vanilla and Grounded upright Senora de la Concepcion Lima sassafras,132 chests(uncut emeralds)32 305 tons—20 guns chests Chinese porcelain Nuestra senora de las Nieves 1s`Patache Nieves Gold Wreck 44,000 gold pesos,many pieces of jewelry Disintegrated Douglas Beach Wreck possibly the Queen's jewels 194 tons Aka Colored Beach 12-20?guns Fragatilla(Maria Galante?) 2 Patache Cannon Wreck Disintegrated Cabin Wreck* *Authors,divers,salvagers often do not agree on the site name.In addition,the San Roman has another name: Pines Wreck. Terra Firma Flota - "Galeones"—Captain General Don Antonio de Echeverz y Subiza Went to Cartagena, Colombia and Portobello in New Granada and Panama—Picked up gold, silver and jewels Ship Namecaw Nuestra Senora del Carmen, Capitana Carmen Rio mar Wreck ??? Sank San Miguel y San Antonio Hampton Court 750 Tons 52 Guns Nuestra senora del Rosario y Almiranta Rosario Sandy Point Wreck ??? Strewn San Fransisco Xavier Mars 312 Tons-40 guns EI Senor San Miguel Nao Unknown ??? Disintegrated—possibly lost at Amelia Island Nuestra Senora de la Nao Unknown ??? Sank? Concepcion La Senora de la Popa Urca La Holandesa La Holandesa ??? Beached Popa (Olandesa) Dutch ship EI Ciervo Frigate La Galleria Unknown ??? Disintegrated- French ship La Francesa possibly lost at Amelia Island IN Griffon(captured French ship)—lead ship Escaped the storm&made it back to Europe 1. Fine,John Christopher.Treasures of the Spanish Main:Shipwrecked Galleons in the New World.pp.119-144 2. Richards,Ernie"Seascribe."Shipwrecks and Their Coins:Volume 3—The 1715 Spanish Treasure fleet. 3. Weller,Robert"Frogfoot"and Ernie"Seascribe"Richards.Shipwrecks Near Wabasso Beach. wmonat 1715 cow TIMELINE Sebastian wet171 S ("z ) WE24 July Twelve Ships(Flotilla)sailed from Havana. Five ships of Flota - Fleet and six ships of Galeones and French warship Grifon. MunnI`' 28 July Fleet moved up the straits between Florida and the ladies Amer wreck? S Bahamas. Mel Fisher Inver A 29 July Weather worsened. Museum 30 July Fleet passed the mouth of the Bahama Channel.The fleet T cannot outrun the storm. ]. 31 July 2:00-4:00 AM,hurricane sank eleven of the twelve ships Orchid A between St. Lucie river and Cape Canaveral.Wreckage and Island bodies found along 30 miles of the Florida shoreline. N Approximately 1500 survivors set up camps and 800-1000 faaaommt7r5 are dead.General Ubilla has died. 111 510 ■abess0 T 2 August Encounters the Ais Indians.Begin to enlarge their camps. Beach I Three boats salvaged and repaired.Admiral Don Francisco cumm1715 Salmon ordered them to St.Augustine.(it was 2 weeks INT 60 veto Beach before Havana heard of the disaster.) Ia nolaauc�a 1715 0sar81715 SHIP CLASSIFICATIONS 16 trcadelJma1715 0 Capitana Flagship—commander sailed on this ship C Almiranta Admiral of the fleet sailed on this ship FtPierce Intel E Gobierno Vice-admiral's ship ForlPiierce I&V rnevel1715 Refuerzo Supply or refurbish �� A Patache Surveillance,small ship imWnoim N Fragatilla Small fragata(frigate)and fast armed ship abnuaFleet Urca Cargo vessel or storeship? Nao Merchant ship EcheverZFleet Aviso Smaller ships that carried messages from one ship to another Map provided by Fred Banke,author of upcoming book The"Reale"Deal,Detecting the Florida Treasure Coast. W N Pamela J. Cooper Genealogist, Lecturer and Librarian 87o Lake Orchird Circle, #102 Vero Beach,Florida 32962 Home: 772-321-1299,Work: 772-770-5o6o x5 Email: cygnet@comcast.net(Home)or genealogy@irclibrary.org(Work) Diggin'Roots BIOGRAPHY Pam has been the supervisor of the Archive Center and Genealogy Department for the Indian River County Main Library in Vero Beach, Florida since 1986. She built the genealogy department collection from 250 titles to over 30,000 titles of materials from around the world. The Archive Center is a rich resource for Florida and Indian River County history. She served as a Director of the Federation of Genealogical Societies in 1995-1998; Director of the Florida Historical Society in 1997-1999, President of the Florida State Genealogical Society 1999-2003, 2012-2014 and with her husband, served as National Conference Co-chair of the Federation of Genealogical Societies 2003 National Conference, which was held in Orlando. Since 1986, she has served as President, Editor, and Program Chair of the Indian River Genealogical Society and as Trustee, Vice-president, and several committee chairs of the Florida State Genealogical Society. In 1994, she established the East Central Florida Genealogical Society Co-op, which became a successful annual "Share" Fair until 2003. At the National Genealogical Society conference in May of 2000, she received the Filby Prize for Genealogical Librarianship and with her husband they received the Award of Merit from the Federation of Genealogical Societies in 2003. In 2007, she received the Indian River County Laurel Award for Professional Leadership. Pam is a teacher and lecturer on local history and genealogy at local, state and national levels. Working together with her mother, she published her first family history in 1993, Descendants of John W. Clark and Francis Hoff of Lincolnshire, England. She assisted in publishing the book World War II at the Vero Beach Naval Air Station, which became available January 2003. In 2005, she wrote the Florida chapter in the Red Book: American, State, and County Sources published by Ancestry. She has provided guidance in the publishing of two books on local history: Indian River County Postcards by the Indian River Genealogical Society and Images of America Indian River County by Ellen Stanley. She has authored numerous articles within Indian River County and is currently a columnist for Russ Lemmon. In 2011, the Vero Beach Magazine published The Hidden Treasure in our Midst regarding the Archive Center of local history and Pam's 25 year history in building the collection. In 2012, The Vero Beach NewsWeekly published "Archive Center Gathers Threads to County's Past." Two full pages of pictures and testimonies were written regarding the preservation of Indian River County's history. Pam was born in Minneapolis, Minnesota and moved to Florida in 1961. She attended the University of Alabama in Birmingham. 7/13/2015 Friday—July 31St—Continued... FEATURED ARTISTS: The Indian River County • Karen McKee's canvas painting features her Libraries and the Friends of the 1:00—2:00 PM - Capt. Bonnie Schubert father,Art McKee working a shipwreck, ca.1952 IRCLibtaryin collaboration with The Gold Pelican of the 1715 Fleet • Jim Flood will have paintings of the Riomar In 1991,a Mel Fisher Wreck and the 1715 fleet leaving Havana. the 1715 Fleet Societvpresent a: sub-contractor named . Clara Miller paintings will be of the Ais Indians Harold Holden,gave her and 1715 wrecks. a chance to dive on the Commemoration 1715 Spanish Plate Fleet Painting courtesy of shipwrecks.Capt. Jim Flood. It depicts Week on the loss Bonnie went on to outfit the Flota leaving and run three salvage vessels, most recently the Havana July 1715. of the 1715 Fleet 45 foot Gold Quest.She has contracted for the Mel Fisher family and 1715 Fleet—Queens Jewels. DISPLAYS—All Month In 2010,the mother and daughter crew of two, Displays in all libraries: Main, North IRC, Brackett, July 27_31 2015 Capt. Bonnie and "Momma Jo," recovered the and Gifford. Display contributions from the Gold Pelican of the 1715 Fleet. Friends of the IRC Library, 1715 Fleet Society, Ron (Official Week:July 26-Aug 2, 2015) Rennick,Antiques and George Read. 2:30 PM—4:00 PM -Capt. John Brandon Recovery of Historical Shipwrecks off What do we know about the ships?Salvage the Treasure Coast camps?Where did the gold and artifacts come from?Who are the Ais Indians and what was their Capt. Brandon found his first Spanish coin on the participation?Who was Jonathan Dickinson and beach along the Treasure — did he know about the 1715 disaster? Facsimiles of Coast at age 13,and that cargo and personal items on board the ships will same year was introduced be displayed. to legendary Florida 1715 Treasure of the Month found at treasure salvor Mel Fisher. HANDOUTS available for educational purposes. Corrigan Wreck—July 2014 Capt. Brandon applied for a Courtesy of 1715 Fleet Society position with Mel's team, ... MUSIC-Al Scortino—singer/song writer will Treasure Salvors, Inc.,and " perform "Spanish Gold"and other songs. EVENTS Mel hired him at age 16.This began a lifelong relationship with Mel and his family.Capt. SPECIAL PRESENTATION-LAST KNOWN Information: Brandon played a key role in all of Mel's INTERVIEW OF THE REAL 8 CORPORATION Email:genealogy@irclibrary.org discoveries from the early 1970's on. MEMBERS(1997).The late Dr. Kip Kelso is Phone:772-770-5060 x5 moderator. ARTWORK—June 24-Aug 29 1 Web Site: Maritime Paintings will be displayed throughout Dates&time are subject to change http://www.irclibrarV.org/genealogy/1715.htm w the library.The library is grateful to the Vero http://www.1715fleetsociety.com/ �i Beach Art Club for making these available. 2 July 2015 THE GREAT TREASURE HUNT CHILDREN'S PROGRAM COST:$55.00 PP—Includes handouts, bus Sponsored by West Bay Trading Company North Indian River County Library,Sebastian transportation,tour,entry fees to McLarty ' Would you like an 8 Reales? First, PROGRAM: Children will learn about the 1715 Fleet and Fisher Museums. Registration and tickets you must complete a mission. disaster and make crafts. may be purchased at the library, 2nd Floor Check our website for instructions Tuesday,July 28 at 11:15 AM genealogy department.All checks are to be 0 made to the Friends of the IRC Main Library. or visit the library. Indian River County Main Library AUTHOR BOOK SIGNING PROGRAM:Capt. Bonnie Schubert—Metal SPEAKERS/ LECTURES/ Detecting and diving—crafts and snacks REAL 8/ SINGER MONDAY—JULY 27,2015 Sam and Seajay Milner—Musical Treasure 10:00 AM until 3:00 PM COMMEMORATION DAY Wednesday,July 29—1:00-5:00 PM FRIDAY—JULY 31,2015 SEE OUR WEBSITE FOR MORE DETAILS Hundreds of books have been written about this incredible event in Spanish and Florida history. Al SCortino—singer/ song writer The loss of over 1000 people and eleven ships has 1715 HISTORY BUS TOUR will perform"Spanish Gold" and other songs been written about by historians,divers and With Margaret Weller at the main library. salvagers. Meet the authors and ask the questions Thursday,July 30,from 8:30 AM until 4:00 PM you want to know.Some of the authors will be 10:00 AM-11:00 AM bringing samples of artifacts they own. PRE-REGISTRATION AND PAYMENT IS REQUIRED Capt. Carl Fismer Sit back on a cool and Treasure Diving on the 1715 Fleet This event will be held at the Main Library, 1600 comfortable bus and listen to 21St Street,Vero Beach in the multimedia room on Carl Fismer, affectionately dubbed Fizz,„ is a our guide, Margaret Weller, treasure hunter that has dived on some of the first floor across from the Friends Gift shop. widow of Bob"Frogfoot” the world's most famous Weller,treasure diver and MEET THE AUTHORS: author as we drive by the- shipwrecks. He is often Daniel Sedwick Ernie Richards 1715 wreck sites. Margaret described as a real life ana Indiana David Crooks Pat Clyne was born on the Island of Trinidad and lived in underwater Jones. Carl iIdis an active Robert Westrick Yvonne Addario Venezuela most of her childhood years. In 1969, treasure hunter who Terry Armstrong Tommy Gore she became a scuba-diver and dived with her travels the world looking for treasure and Timothy Walton Margaret Weller husband on numerous wreck sites such as the artifacts. Dr. Eugene Lyon Steven Singer 1733 EI Infante. Later Bob and Margaret exhibited a large treasure display in the West Palm Beach Sam Milner 11:00 am—Noon Science Museum and continued exhibiting in many MUSIC-Al Scortino—singer/song writer will other museums around the country. Last known Interview of the Real perform "Spanish Gold"and other songs at the Eight Corporation Members on main library. STOPS:Wreck sites, McLarty Treasure Museum March 15, 1997 at the Main and Mel Fisher Treasure Museum. Both museums HANDOUTS—Bibliography, author rack cards, will include a guided tour and video. Library Continued... U wreck sites, brochures on Ais, and J. Dickinson LUNCH IS ON YOUR OWN AT CAPT. HIRAM'S. Vi J gh s 1s to certify that Christ her, . � erlr. � .1F is hereby presented this Ittirement Award for outsta�ng performance and faitfifidsem*e to Indian 44ver County Board of County Commissioners Tor siVeen years of service On this 31st day ofJuly 2015 Ch istopherW,Mora,TE Wesley S. Davis Onctor offt 6Gc TWO* Board of County Commissioner, CFratman PROCLAMA TION HONORING CHRISTOPIIER J. KAFER JR. ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKSI NGINF.ERING DIVISION WHEREAS, Christopher J. Kafer Jr. retired from Indian River County Engineering Division effective July 31, 2015; and WHEREAS, Christopher J. Kafer Jr. began his career with Indian River County on January 11, 1999, in the position of County Engineer and continued in that capacity until his retirement; and WHEREAS, Christopher J. Kafer Jr. applied his considerable professional engineering skills to complete over one hundred and twenty projects which were designed and/or constructed during his tenure including roadways, bridges/culverts, sidewalks, recreational facilities (ballfields, pool, shooting range), bus shelters and buildings; and WHEREAS, Christopher J. Kafer Jr. has served this County and the Public with distinction and selflessness. During his sixteen years of service, he was dedicated and his work was greatly appreciated by the employer, citizens, and co-workers alike, and t NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Christopher J. Kafer Jr.'s efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River Countyfor the last sixteen years;and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Adopted this 14th day of July 2015. r Wo BOARD OF COUNTY COMMISSIONERS i 1 INDIAN RIVER COUNTY, FLORIDA Q � s OR A Wesley hv's, Chairman 9iis is to certify that Apert 1. Loudemillk is hereby presented this I?ffltirementAward for outsta�ng performance and faithfuf setvke to Indian ftver County Board of County Commissioners Tor twenty-s years of service On this 17th day of ju y- 2015 Uncent Bu* Cey S. Davis. Director of zJtiCsty Services Board of County Commissioner, Chairman .r . i PRle OCLAMATION ` HONORING ALBERT LOUDERMILK ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITIES/OPERATIONS DIVISION WHEREAS, Albert Loudermilk retired from Indian River County Utilities Operations effective July 17, 2015; and WHEREAS, Albert Loudermilk began his career with Indian River County as a Utilities Inspector on October 3, 1988. During his tenure, he showed reliability, cooperation, and diplomacy when dealing with his customers. He continued in the capacity of Utilities Inspector until his retirement, and WHEREAS, Albert Loudermilk has served this County and the Public with distinction and selflessness. During his twenty-six years of service, he was dedicated and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Albert Loudermilk's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River Countyfor the last twenty-six years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in all his future endeavors! Adopted this 14th day of July 2015. �t BOARD OF COUNTY COMMISSIONERS �` CD INDIAN RIVER COUNTY, FLORIDA * * Wes ey . Davis, Chairman �ORI�4' ghis is to certify that &nard,7. Lefe6ure is hereby presented this fttirement Award for outsta�ng p nce and faithfuf service to Ind`tan lUver County Board of County Commissioners t'or twenty-seven years of service f On this 31 st day ofJuly 2015 wnt Buf esley S Oat,*. Oireector of V hfity Services Board of County Commissioner, Chairman PROCLAMATION HONORING RONALD LEFE,B URE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ' DEPARTMENT OF UTILITIES/OPERATIONS DIVISION WHEREAS, Ronald Lefebure retired from Indian River County Utilities Operations effective July 31, 2015; and WHEREAS, Ronald Lefebure began his career with Indian River County as a Lift Station Mechanic on June 13, 1988, and due to the caliber of his work, his professionalism, and his dedication, he was promoted to a Maintenance Supervisor in 1990. In 1996, Ronald expanded his work experience by accepting a position as a Utilities Inspector and continued in that capacity until his retirement; and WHEREAS, Ronald Lefebure has served this County and the Public with distinction and selflessness. During his twenty-seven years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDL4N RIVER COUNTY, FLORIDA, that the Board applauds Ronald Lefebure's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River Countyfor the last twenty-seven years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 14th day of July 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA � � _ W Bey S. Davis, Chairman JEFFREY R. SMITH, CPA, CGFO, CGMA ti�ou«Ty Clerk of Circuit Court&Comptroller Finance Department 1801 276 Street �} Vero Beach, FL 32960 w..0 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 2, 2015 SUBJECT: APPROVAL OF WARRANTS June 26, 2015 to July 2, 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 26, 2015 to July 2, 2015 Attachment: DLB: DB 10 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 327869 7/l/2015 LINDSEY GARDENS LTD 716.00 327870 7/1/2015 RIVER PARK ASSOCIATES 1,422.00 327871 7/1/2015 CREATIVE CHOICE HOMES XVI LTD 2,655.00 327872 7/1/2015 TREASURE COAST HOMELESS SERVICES 260.00 327873 7/1/2015 PINNACLE GROVE LTD 597.00 327874 7/1/2015 VERO CLUB PARTNERS LTD 163.00 327875 7/1/2015 THE PALMS AT VERO BEACH 2,600.00 327876 7/1/2015 PELICAN ISLES LP 1,308.00 327877 7/l/2015 LINDSEY GARDENS I1 LTD 320.00 327878 7/1/2015 AHS HOLDINGS GROUP LLC 575.00 327879 7/1/2015 DANIEL CORY MARTIN 1,073.00 327880 7/1/2015 SARAH SPANN 811.00 327881 7/l/2015 MADISON CAY LTD 539.00 327882 7/l/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 1,781.00 327883 7/l/2015 ORANGE COUNTY HOUSING&C D 515.54 327884 7/1/2015 ALL FLORIDA REALTY SERVICES INC 3,260.00 327885 7/l/2015 VERO BEACH EDGEWOOD PLACE(305-113) 731.00 327886 7/l/2015 GRACES LANDING LTD 9,233.00 327887 7/1/2015 MICHAEL JACKOWSKI 496.00 327888 7/]/2015 PAUL JULIN 369.00 327889 7/l/2015 TERRY A LAWRENCE 39.00 327890 7/l/2015 LINDSEY GARDENS LTD 4,891.00 327891 7/1/2015 BRYAN D BLAIS 762.00 327892 7/1/2015 RIVER PARK ASSOCIATES 15,936.00 327893 7/1/2015 RICHARD C THERIEN 493.00 327894 7/1/2015 CREATIVE CHOICE HOMES XVI LTD 6,992.00 327895 7/1/2015 DAVID YORK 506.00 327896 7/1/2015 ST FRANCIS MANOR OF VERO BEACH 417.00 327897 7/1/2015 CITY OF VERO BEACH 345.00 327898 7/1/2015 TREASURE COAST HOMELESS SERVICES 2,323.00 327899 7/1/2015 FLORIDA POWER AND LIGHT 240.00 327900 7/1/2015 PATRICIA MEZZINA 850.00 327901 7/l/2015 VENETIAN APARTMENTS OF VERO BEACH 864.00 327902 7/l/2015 HERMOSA PROPERTIES LLC 294.00 327903 7/1/2015 PINNACLE GROVE LTD 7,736.00 327904 7/l/2015 VERO CLUB PARTNERS LTD 19,185.00 327905 7/1/2015 INDIAN RIVER COUNTY HOUSING AUTHORITY 173.00 327906 7/l/2015 INDIAN RIVER COUNTY HOUSING AUTHORITY 393.00 327907 7/l/2015 CRAIG MERRILL 961.00 327908 7/1/2015 CHRISTINE SALTER 484.00 327909 7/1/2015 HAGGERTY FAMILY LTD 299.00 327910 7/1/2015 THE PALMS AT VERO BEACH 12,354.00 327911 7/1/2015 THE PALMS AT VERO BEACH 629.00 327912 7/]/2015 FELLSMERE COMM ENRICHMENT PROGRAM INC 93.00 327913 7/1/2015 HENRY O SPEIGHT 78.00 327914 7/l/2015 DAVID CONDON 628.00 327915 7/1/2015 HILARY MCIVOR 680.00 327916 7/1/2015 PAULA LANE 405.00 327917 7/1/2015 JOHN A CAPPELLO 277.00 327918 7/1/2015 TCG SONRISE 11 LLC 390.00 327919 7/1/2015 TCG SONRISE II LLC 1,475.00 327920 7/1/2015 PELICAN ISLES LP 5,311.00 327921 7/1/2015 PELICAN ISLES LP 463.00 327922 7/1/2015 KATE TYSON LYONS 315.00 327923 7/1/2015 SUNCOAST REALTY&RENTAL MGMT LLC 8,347.00 327924 7/1/2015 OAK RIVER PROPERTIES INC 861.00 327925 7/1/2015 ADINAGOLDMAN 530.00 327926 7/l/2015 INDIAN RIVER RDA LP 1,669.00 11 1 TRANS NBR DATE VENDOR AMOUNT 327927 7/1/2015 GEORGE THUYNS 640.00 327928 7/1/2015 LAZY J LLC 1,290.00 327929 7/1/2015 SYLVIA MCNEILL 635.00 327930 7/1/2015 SKOKIE HOLDINGS INC 744.00 327931 7/1/2015 ROGER WINSLOW 482.00 327932 7/1/2015 TAMMY MEEKS 489.00 327933 7/1/2015 COURTYARD VILLAS OF VERO LLC 709.00 327934 7/1/2015 VINCENT PILEGGI 593.00 327935 7/1/2015 OSLO VALLEY PROPERTIES INC 779.00 327936 7/1/2015 SAID S MOOBARK 396.00 327937 7/1/2015 VICKY L STANLEY 795.00 327938 7/1/2015 CORY J HOWELL 352.00 327939 7/1/2015 OSCEOLA COUNTY SECTION 8 643.54 327940 7/1/2015 LINDSEY GARDENS 11 LTD 4,937.00 327941 7/1/2015 ANTHONYARROYO 295.00 327942 7/1/2015 AHS HOLDINGS GROUP LLC 4,434.00 327943 7/1/2015 YVONNE KOUTSOFIOS 363.00 327944 7/1/2015 ALAN R TOKAR 736.00 327945 7/1/2015 VILLAS OF VERO BEACH 483.00 327946 7/1/2015 BRIAN E GALLAGHER 470.00 327947 7/1/2015 MANUEL V CAMACHO SR LLC 686.00 327948 7/]/2015 HOUSING AUTHORITY 875.54 327949 7/1/2015 STEPHANIE WATCHEK FOUNTAIN TRUST 223.00 327950 7/1/2015 MICHAEL STILES 526.00 327951 7/1/2015 BLTREJV3 PALM BEACH LLC 2,126.00 327952 7/1/2015 RACHEL G SIDMAN 462.00 327953 7/1/2015 SCOT WILKE 294.00 327954 7/1/2015 MARK BAER 483.00 327955 7/1/2015 GLS FUND VERO LLC 444.00 327956 7/]/2015 WANELL DONNELLI 364.00 327957 7/1/2015 J&K PALMER ENTERPRISES LLC 221.00 327958 7/1/2015 THEODORE BARTOSIEWICZ 468.00 327959 7/1/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 12,376.00 327960 7/1/2015 BRADLEY CLEED1 AM 260.00 327961 7/]/2015 RICHARD KUSSEROW 475.00 327962 7/1/2015 IRC PROPERTIES LLC 611.00 327963 7/2/2015 PORT CONSOLIDATED INC 977.24 327964 7/2/2015 STURGIS LUMBER&PLYWOOD CO 35.07 327965 7/2/2015 JORDAN MOWER INC 392.98 327966 7/2/2015 TEN-8 FIRE EQUIPMENT INC 7,607.64 327967 7/2/2015 RANGER CONSTRUCTION IND INC 153.30 327968 7/2/2015 VERO CHEMICAL DISTRIBUTORS INC 626.90 327969 7/2/2015 CHISHOLM CORP OF VERO 5,616.40 327970 7/2/2015 AT&T WIRELESS 3.30 327971 7/2/2015 AT&T WIRELESS 2,600.40 327972 7/2/2015 E-Z BREW COFFEE&BOTTLE WATER SVC 193.29 327973 7/2/2015 KELLY TRACTOR CO 100.00 327974 7/2/2015 AMERIGAS EAGLE PROPANE LP 1,257.83 327975 7/2/2015 LFI FORT PIERCE INC 938.18 327976 7/2/2015 DEEP SIX DIVE SHOP INC 315.96 327977 7/2/2015 KSM ENGINEERING&TESTING INC 146.00 327978 7/2/2015 VERO INDUSTRIAL SUPPLY INC 373.85 327979 7/2/2015 EXPRESS REEL GRINDING INC 2,500.00 327980 7/2/2015 FLORIDA VETERINARY LEAGUE 37.37 327981 7/2/2015 TIRESOLES OF BROWARD INC 608.00 327982 7/2/2015 DELL MARKETING LP 5,273.42 327983 7/2/2015 GENERAL PART INC 75.03 327984 7/2/2015 GOODYEAR AUTO SERVICE CENTER 7.91 327985 7/2/2015 SIGNS IN A DAY 60.00 327986 7/2/2015 BARNEYS PUMP INC 2,346.00 12 2 TRANS NBR DATE VENDOR AMOUNT 327987 7/2/2015 BRANDTS APPLIANCE SERVICE INC 89.00 327988 7/2/2015 K&M ELECTRIC SUPPLY 459.23 327989 7/2/2015 PING INC 485.11 327990 7/2/2015 CLERK OF CIRCUIT COURT 37,284.00 327991 7/2/2015 INDIAN RIVER COUNTY HEALTH DEPT 921.57 327992 7/2/2015 CITY OF VERO BEACH 7,65594 327993 7/2/2015 STEPHEN WOJTASZEK 73.68 327994 7/2/2015 BEST WESTERN 184.00 327995 7/2/2015 ILLINOIS STATE DISBURSEMENT UNIT 142.32 327996 7/2/2015 CHAPTER 13 TRUSTEE 478.38 327997 7/2/2015 COMPBENEFITS COMPANY 206.16 327998 7/2/2015 COLONIAL LIFE&ACCIDENT INS CO 51.48 327999 7/2/2015 FLORIDA GOVERNMENT FINANCE 140.00 328000 7/2/2015 HUMANE SOCIETY 28,762.50 328001 7/2/2015 PUBLIC SUPERMARKETS 77.00 328002 7/2/2015 PUBLIX SUPERMARKETS 72.04 328003 7/2/2015 WAL MART STORES EAST LP 213.15 328004 7/2/2015 ELIZABETH MARTIN 99.68 328005 7/2/2015 FLORIDA FIRE CHIEFS ASSOCIATION 190.00 328006 7/2/2015 DON LAWLESS 100.00 328007 7/2/2015 SUBSTANCE AWARENESS COUNCIL OF IRC INC 10,759.40 328008 7/2/2015 FLORIDA POWER AND LIGHT 88,837.52 328009 7/2/2015 GIFFORD YOUTH ACTIVITY CENTER INC 7,233.30 328010 7/2/2015 SUNSHINE STATE ONE CALL OF FL INC 1,105.15 328011 7/2/2015 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,095.02 328012 7/2/2015 STRUNK FUNERAL HOMES&CREMATORY 425.00 328013 7/2/2015 GOULD COOKSEY FENNEL PA 285.00 328014 7/2/2015 FLORIDA UC FUND 10.08 328015 7/2/2015 GERALD A YOUNG SR 75.00 328016 7/2/2015 INDIAN RIVER FARMS WATER CNTRL DIST 200.00 328017 7/2/2015 PITNEY BOWES INC 239.98 328018 7/2/2015 ALAN C KAUFFMANN 140.00 328019 7/2/2015 INSIGHT PUBLIC SECTOR 1,709.95 328020 7/2/2015 HAYTH,HAYTH&LANDAU 125.00 328021 7/2/2015 RUSSELL PAYNE INC 181.86 328022 7/2/2015 TRANE US INC 78,560.00 328023 7/2/2015 ANN RANKIN 99.04 328024 7/2/2015 GPSERV INC 561.00 328025 7/2/2015 JEAN PETERS 120.00 328026 7/2/2015 JOSEPH W VASQUEZ 80.00 328027 7/2/2015 WESLEY S DAVIS 220.91 328028 7/2/2015 JOHNS EASTERN COMPANY INC 13,972.91 328029 7/2/2015 MICHAEL ZITO 202.26 328030 7/2/2015 GLOVER OIL COMPANY INC 1,56292 328031 7/2/2015 NEXTEL SOUTH CORP 67.72 328032 7/2/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 243.90 328033 7/2/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 247.20 328034 7/2/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 137.93 328035 7/2/2015 GARY L EMBREY 40.00 328036 7/2/2015 JOSE RIVERA 80.00 328037 7/2/2015 KEN CHATAM 120.00 328038 7/2/2015 JOSEPH E FLESCHER 22191 328039 7/2/2015 JOHNNY B SMITH 60.00 328040 7/2/2015 GLOBALSTAR USA 119.62 328041 7/2/2015 CHARLES WALKER 120.00 328042 7/2/2015 FISHER&PHILLIPS LLP 2,525.00 328043 7/2/2015 BROOKE A WALSH 191.37 328044 7/2/2015 KATHLEEN P DOUGHERTY 270.00 328045 7/2/2015 TREASURE COAST FOOD BANK INC 211.46 328046 7/2/2015 SCOTT NEWKIRK 33.99 13 3 TRANS NBR DATE VENDOR AMOUNT 328047 7/2/2015 SANDY ARACENA 100.00 328048 7/2/2015 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 328049 7/2/2015 BOULEVARD TIRE CENTER 2,382.15 328050 7/2/2015 YOUR AQUA INSTRUCTOR LLC 70.00 328051 7/2/2015 DELRAY MOTORS 341.84 328052 7/2/2015 JOSEPH CATALANO 40.00 328053 7/2/2015 RAYMOND J DUCHEMIN 100.00 328054 7/2/2015 FBM HOLDINGS LLC 479.00 328055 7/2/2015 HEATHER HATTON 80.00 328056 7/2/2015 GFA INTERNATIONAL INC 1,386.50 328057 7/2/2015 REPROGRAPHIC SOLUTIONS INC 18.00 328058 7/2/2015 LOWES HOME CENTERS INC 1,242.71 328059 7/2/2015 LABOR READY SOUTHEAST INC 967.20 328060 7/2/2015 ALEX MIKLO 40.00 328061 7/2/2015 STRAIGHT OAK LLC 201.77 328062 7/2/2015 CALDWELL PACETTI EDWARDS 9,018.99 328063 7/2/2015 MICHAEL YOUNG 40.00 328064 7/2/2015 STEWART&STEVENSON FDDA LLC 5,685.96 328065 7/2/2015 WADE WILSON 80.00 328066 7/2/2015 BAKER DONELSON BEARMAN CALDWELL&BERKON 80.00 328067 7/2/2015 BRUCE SABOL 90.00 328068 7/2/2015 FAMILY SUPPORT REGISTRY 9.66 328069 7/2/2015 SCOTT CARSON 117.60 328070 7/2/2015 AMEC ENVIRONMENT&INFRASTRUCTURE INC 8,927.10 328071 7/2/2015 BERNARD EGAN&COMPANY 85.93 328072 7/2/2015 ANDREW D.FLEISHER,ESQ 150.00 328073 7/2/2015 EAST COAST VETERINARY SERVICES LLC 93.00 328074 7/2/2015 BRYAN CAVE LLP 421,495.23 328075 7/2/2015 KINGDOM HARVEST INC 4,000.00 328076 7/2/2015 RONALD NICHELSON 40.00 328077 7/2/2015 GIVING KIDZ A CHANCE INC 2,500.00 328078 7/2/2015 RELIANT FIRE SYSTEMS INC 1,233.40 328079 7/2/2015 HAWKINS INC 1,256.50 328080 7/2/2015 KEECLEAN MANAGEMENT INC 6,565.00 328081 7/2/2015 HUDSON VINYL PRODUCTS INC 166.00 328082 7/2/2015 LONGHORN LANDSCAPING AND SOD LLC 1,174.50 328083 7/2/2015 SUN AQUATICS LLC 150.00 328084 7/2/2015 LINDA WALL 70.00 328085 7/2/2015 GENUINE PARTS COMPANY 652.96 328086 7/2/2015 A&SW CONSULTANTS INC 375.00 328087 7/2/2015 SUSAN SENKO 35.00 328088 7/2/2015 MARIE E PAZ BLANCO 50.00 328089 7/2/2015 JENNIFER VINCENT 50.00 328090 7/2/2015 ROBERT BONAVOLTA 32.10 328091 7/2/2015 REGDRECKA TOLBERT 50.00 328092 7/2/2015 VERITOX INC 21,549.50 328093 7/2/2015 BERGER SINGERMAN 29,622.50 328094 7/2/2015 RONALD RENNICK 500.00 Grand Total: 1,016,240.43 14 4 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1006867 6/26/2015 AT&T 19,269.50 1006868 6/26/2015 OFFICE DEPOT BSD CUSTOMER SVC 554.73 1006869 6/26/2015 WHEELABRATOR RIDGE ENERGY INC 3,832.65 1006870 6/26/2015 PARKS RENTAL& SALES INC 469.94 1006871 6/26/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 229.22 1006872 6/26/2015 COPYCOINC 116.62 1006873 6/26/2015 NORTH SOUTH SUPPLY INC 309.53 1006874 6/26/2015 SAFETY PRODUCTS INC 791.54 1006875 6/26/2015 INDIAN RIVER BATTERY 604.95 1006876 6/26/2015 DEMCOINC 29.35 1006877 6/26/2015 DAVIDSON TITLES INC 151.10 1006878 6/26/2015 MIKES GARAGE&WRECKER SERVICE INC 5,577.26 1006879 6/26/2015 DAVES SPORTING GOODS&TROPHIES 119.00 1006880 6/26/2015 APPLE INDUSTRIAL SUPPLY CO 0.00 1006881 6/26/2015 TEAM EQUIPMENT INC 2,360.30 1006882 6/26/2015 MEEKS PLUMBING INC 109.50 1006883 6/26/2015 ABCO GARAGE DOOR CO INC 756.00 1006884 6/26/2015 ALLIED UNIVERSAL CORP 7,845.13 1006885 6/26/2015 WORLD INDUSTRIAL EQUIPMENT INC 563.00 1006886 6/26/2015 GROVE WELDERS INC 2,900.00 1006887 6/26/2015 ARAMARK UNIFORM&CAREER APPAREL LLC 806.64 1006888 6/26/2015 SEBASTIAN OFFICE SUPPLY CO 42.99 1006889 6/26/2015 FERGUSON ENTERPRISES INC 4,796.48 1006890 6/26/2015 ROGER CLEVELAND GOLF INC 99.60 1006891 6/26/2015 GLOBAL GOLF SALES INC 42.36 1006892 6/26/2015 SHRiEVE CHEMICAL CO 5,794.26 1006893 6/26/2015 RECHTIEN INTERNATIONAL TRUCKS 306.63 1006894 6/26/2015 FLAGLER CONSTRUCTION EQUIPMENT LLC 3,720.37 1006895 6/26/2015 SOUTHERN JANITOR SUPPLY INC 574.34 1006896 6/26/2015 CAPITAL OFFICE PRODUCTS 375.92 1006897 6/26/2015 HARCROS CHEMICALS,INC. 6,498.00 1006898 6/26/2015 METRO FIRE PROTECTION SERVICES INC 875.37 1006899 6/26/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 103.26 1006900 6/26/2015 BENNETT AUTO SUPPLY INC 280.08 1006901 6/26/2015 L&L DISTRIBUTORS 809.80 1006902 6/26/2015 PIONEER MANUFACTURING 840.00 1006903 6/26/2015 HYDRA SERVICE(S)INC 4,318.07 1006904 6/26/2015 BERMUDA SANDS APPAREL LLC 63.76 1006905 6/26/2015 XYLEM WATER SOLUTION USA INC 2,150.00 1006906 6/26/2015 SCRIPPS NP OPERATING LLC 526.40 1006907 7/1/2015 EVERGLADES FARM EQUIPMENT CO INC 362.31 1006908 7/1/2015 COMMUNICATIONS INTERNATIONAL 44.00 1006909 7/1/2015 HENRY SCHEIN INC 1,151.85 1006910 7/1/2015 SAFETY PRODUCTS INC 270.35 1006911 7/1/2015 COLD AIR DISTRIBUTORS WAREHOUSE 249.75 1006912 7/1/2015 INDIAN RIVER BATTERY 51.45 1006913 7/1/2015 MIKES GARAGE&WRECKER SERVICE INC 110.00 1006914 7/1/2015 MORNING STAR PERSONILIZED APPAREL INC 2,620.00 1006915 7/1/2015 ALLIED UNIVERSAL CORP 2,608.96 1006916 7/1/2015 IRRIGATION CONSULTANTS UNLIMITED INC 26.15 1006917 7/1/2015 THE EXPEDITER 401.70 1006918 7/1/2015 GROVE WELDERS INC 685.86 1006919 7/1/2015 SOUTHERN COMPUTER WAREHOUSE 1,095.79 1006920 7/1/2015 SVI SYSTEMS INC 198.00 1006921 7/1/2015 COMMUNITY ASPHALT CORP 170.00 1006922 7/1/2015 FERGUSON ENTERPRISES INC 151.40 1006923 7/1/2015 COMO OIL COMPANY OF FLORIDA 45.69 1006924 7/1/2015 ESRI INC 1,070.00 15 TRANS.NBR DATE VENDOR AMOUNT 1006925 7/1/2015 FLAGLER CONSTRUCTION EQUIPMENT LLC 68.72 1006926 7/1/2015 CAPITAL OFFICE PRODUCTS 1,417.19 1006927 7/1/2015 HARCROS CHEMICALS,INC. 715.00 1006928 7/1/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 601.09 1006929 7/1/2015 MUNICIPAL WATER WORKS INC 2,662.35 1006930 7/1/2015 BENNETT AUTO SUPPLY INC 1.071.82 1006931 7/1/2015 HYDRA SERVICE(S)INC 672.93 1006932 7/1/2015 PACE ANALYTICAL SERVICES INC 156.00 1006933 7/1/2015 AT&T 2,467.77 1006934 7/1/2015 OFFICE DEPOT BSD CUSTOMER SVC 402.00 1006935 7/1/2015 COMCAST 102.85 1006936 7/1/2015 BRIDGESTONE GOLF INC 66.23 Grand Total: 101,330.86 16 2 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3669 6/26/2015 C E R SIGNATURE CLEANING 16,010.00 3670 6/26/2015 INDIAN RIVER COUNTY TAX COLLECTOR 3,478.64 3671 6/30/2015 REGIONS BANK 397,017.46 3672 6/30/2015 BANK OF NEW YORK 3,545,650.00 3673 6/30/2015 CLERK OF CIRCUIT COURT 78,885.33 3674 6/30/2015 INDIAN RIVER COUNTY SHERIFF 3,245,621.36 3675 6/30/2015 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 72,425.59 3676 7/1/2015 INDIAN RIVER COUNTY PROPERTY APPRAISER 23,057.75 3677 7/1/2015 AMERICAN FAMILY LIFE ASSURANCE CO 15,862.46 3678 7/1/2015 AGENCY FOR HEALTH CARE ADMIN 13,173.89 3679 7/1/2015 ALLSTATE 447.76 3680 7/1/2015 MUTUAL OF OMAHA 6,104.18 Grand Total: 7,417,734.42 17 1 Carole Jean Jordan, CFC . - Tax Collector IOA "How MAY WE HELP YOU?"' July 6, 2015 Board of County Commissioners Attention: Wesley S. Davis, Chairman 180127 1h Street, Bldg A Vero Beach, FL 32960 Re: Errors and Insolvencies Report for the 2014 Tax Roll Dear Chairman Davis: Pursuant to Chapter 197.492 of the Florida Statutes, please find enclosed the Recapitulation of the 2014 Tax Roll. It includes a copy of the Errors and Insolvencies Report which shows the errors, double assessments, and insolvencies allowed. If I may be of further assistance, please do not hesitate to contact me. Thank you. Sincerely, 4 tf Carole Jeanoran Indian River County Tax Collector CJJ:ekp Attachments 1800 27th Street, Bldg. B, Vero Beach, FL 32960-0310 E-mail: HowMayWeHell2You(a)IRCTax.com + Website: www.IRCTax.com Phone: (772) 226-1338 + Fax (772) 770-5009 18 REAL PROPERTY,PERSONAL PROPERTY AND CENTRALLY ASSESSED 2014 TAX ROLL RECAPITULATION I, Carole Jean Jordan Tax Collector of Indian River County,Florida, hereby certify that the within and foregoing is a true list of all;ERRORS,INSOLVENCIES,DOUBLE ASSESSMENTS and DISCOUNTS on the Assess- ment Rall for the year 2014;that all errors and double assessments have been plainly indicated on the Assessment Roll;that the discounts were actually earned for the month as shown;that no exemptions,other than those shown on the Assessment Roll,have been allowed by me except upon a showing of satisfactory proof that each such claim was just and legal that each item herein marked as insolvent is in fact insolvent and,although diligent search has been made by me I have been unable to find any property upon which levy can be made to enforce the payment of the tax;that I have not collected any of the items shown on this list. I am,therefore,entitled to credit against the 2014 Assessment Roll in the following amounts: Errors,Insolvencies,Double Assessments. . . . . . . . . . . . . . $ (129,441.32) Discounts . . $ 8,412,042.61 Federal Bankruptcies $ 0.00 Total. . . . . $ 8,282,601.29 Dated this the 6th day of Ju! 2015. Tax Coil' Ind, Iver _County TO COUNTY COMMISSIONERS: READ CAREFULLY THE CERTIFICATE BELOW BEFORE SIGNING. RECAPITULATION WE,the undersigned members of the Board of County Commissioners in and for the County of Indian River Florida,hereby certify that we have carefully examined and compared each Rem in the within and foregoing list and the Tax Collector has stricken from this list and made a separate list of such items,which in our judgment should be collected by the Tax Collector;that to the best of our knowledge,information and belief such list is now correct,just and legal and Honorable Carole Jean Jordan Tax Collector,is therefore entitled to credit on account of said list for the following amounts: Errors . . . . . . . . . . . . . . . . . . . . . . . . . . $ (129,441.32) Discounts . . . . . . . . . . . . . . . $ 8,412,042.61 Federal Bankruptcies $ 0.00 Total. $ 8,282,601.29 Dated this the day of 2015. Chairman ATTEST: Member Clerk Member Member Member 19 CAROLE JEAN JORDAN,TAX COLLECTOR LIST OF ERRORS_,INSOLVENCIES,DOUBLE ASSESSMENTS 2014 TAX ROLL ROLL YR TAX YR ACCOUNT NUMBER CERTIFIED ROLL OWNER NAME TOTAL TAX 2014 2014 30-38-21-00001-0000-00009/0 DENTON ROBERT JR'JEANETTE M 21.10 2014 2014 30-38-21-00005-0090-000_04/0 ROSELAND UNITED METHODIST CHURCH 1.00 2014 2014 30-38-21-00005-0100-00006/0 'ROSELAND UNITED METHODIST CHURCH INC 1.00 2014 2014 30-38-21-00005-0110-00006/1 LAPORTA GRACE 27.37. 2014 2014 30-38-21-00005-0120-00001/0 1ROSELAND UNITED METHODIST CHURCH INC 1.00 2014 2014 .30-38-22-00002-0006-00000/0 SLADE JON JEFFREY BONNIE S 15.7_9 2014 2014 30-38-25-00000-0010-00017/0 HUMANA INC - 1- 2.64 2014 2014 130-38-25-00007-0000-00001/1 KARR EDWARD T(TR) 26.37 2014 2014 30-38-30-00006-0000-00003/2 �KESSINGER MARY L CALVERT DANIEL 15.97 2014 2014 30-39-33-00000-1000-00005/0 'GROVER ALBERT D& 2.98 2014 2014 :30-39-33-00000-1000-00006/0 DYNASTY PROPERTIES OF SOUTH FLORIDA LLC 3.13 2014 2014 30-39-33-00000-1000-00009/0 BENJAMIN LYNDA L' 5.77 2014 2014 30-39-33-00000-1000-00010/0 DAVIES JEFFREY NEIL JENNIFER ANNE 3.29 2014 2014 X30-39-33-00000-7000-00005/0 'COLAPRETE JOHN R CATHERINE M 2.98 2014 2014 '30-39-33-00000-7000-00007/0 DESTINATION SEBASTIAN LLC 3.13 2014 2014 30-39-33-00000-7000-00009/0 GAMUT PROPERTIES LLC 3.13 2014 2014 30-39-33-00000-7000-00010/0 GAMUT PROPERTIES LLC 2.49 2014 2014 30-39-33-00000-7000-00012/0 CORDNER HAROLD LIANNE 4.92 2014 2014 30-39-33-0_0000-7000-00013/0 jCORDNER HAROLD J LIANNE K 5.09 2014 2014 30-39-33-00000-7000-00015/0 UNITED REAL ESTATE VENTURES INC 1.16 2014 2014 30-39-33-00000-7000-00016/0 BAIOES HORACIO BARBARA DOS SANTOS 6.09 2014 2014 31-35-03-00000-1000-00005/0 TRIPLE S_HOLDINGS LTD 2.10 2014 2014- {31-35-03-00000-3000-00002/0 LISLE DORIS M(TR)(TOK)• - 23.01 2014 2014 31-35-03-00000-5000-00003/0 ',TRIPLES HOLDINGS LTD 4.05 2014 2014i31-35-04-00000-5000-00004/4 LISLE DORIS M(TR)(TOK) 12.97 2014 2014 '31-35-06-00000-5000-00001/1 (MILLS KATHRYN(TR) 23.28 2014 2014 131-35-18-00000-3000-00001/0 MILLS KATHRYN(TR) 24.37 2014 2014 31-37-00-00001-0322-00001/0 j FL ATL CITRUS PROP OWNRS ASSOC 21.16 2014 2014 31-37-00-00001-0324-00001/0 M&V LLC 7,762.21 2014 2014 31-37-00-00001-0324-00002/0 FL ATL CITRUS PROP OWNRS ASSOC 20.99 2014 2014 31-37-00-00001-0359-00001/1 FLORIDA ATLANTIC CITRUS PROPERTY OWNERS INC 23.18 2014 2014 j31-37-00-00001-0364-00001/0 FL ATL CITRUS PROP OWNRS ASSOC 20.83 2014 2014 31-37-00-00001-0366-00001/0 ':FL ATL CITRUS PROP OWNRS ASSOC 10.49 2014 2014 31-37-00-00001-0431-00001/0 1 FL ATL CITRUS PROP OWNRS ASSOC 20.64 2014 2014 31-37-00-00001-0431-00002/0 i FL ATL CITRUS PROP OWNRS ASSOC 20.99 20142014 31-37-00-00001-0475-00001/0 FL ATL CITRUS PROP OWNRS ASSOC 20.83 2014 2014 31-37-00-00001-0517-00001/0 FL ATL CITRUS PROP OWNRS ASSOC 2013 2014 2014 31-37-00-00001-0568-00001/0 FL ATL CITRUS PROP OWNRS ASSOC 10.49 2014 2014 r31-37-00-00001-062500001/0 FL ATL CITRUS PROP OWNRS ASSOC - - 10.64 2014 2014 31-37-00-00001-0625-00002/0 FL ATL CITRUS PROP OWNRS ASSOC 20.83 2014 2014 31-37-00-00001-0677-00001/0 FL ATL CITRUS PROP OWNRS ASSOC 10.49 2014 2014 31-37-00-00001-0768-00001/0 FL ATL CITRUS PR OWNRS ASS INC 20.64 2014 2014 31-37-00-00001-0870-00001/0 PARENTELA VINCENT DIANE 23.18 2014 2014 '31-37-00-00001-1548-00_002/0 REVELATION TRUTH CHURCH INTL 20.00 2014 2014 31-37-00-00001-1548-00003/0 REVELATION TRUTH CHURCH INTERNATIONAL INC 20.00 2014 2014 31-37-00-00001-1548-00004/0 i REVELATION TRUTH CHURCH INTERNATIONAL INC 20.00 2014 2014 ;31-37-00-00001-1548-00006/0 REVELATION TRUTH CHURCH INTERNATIONAL INC 20.00 2014 2014 '31-37-00-00002-0000-00005/0 PARKER RICHARD& 81.16 2014 2014 31-37-00400004-0020-00061/0 NEW BETHEL AME CHURCH 10.00 2014 2014 31-37-00-00004-0030-00073/0 'MT OLIVE MISSIONARY BAPTIST CHURCH 10.00 2014 2014 31-37-00-00004-0030-00074/0 MT OLIVE MISSIONARY BAPTIST CHURCH 10.00 2014 2014 31-37-00-00004-0040-00108/0 BARROWS WILLIE" 372.03 Page 1 of 10 20 CAROLE JEAN JORDAN,TAX COLLECTOR LIST OF ERRORS,INSOLVENCIES,DOUBLE ASSESSMENT_S 2014 TAX ROLL ROLL YR: TAX YR~ - - - - ACCOUNT NUMBER T CERTIFIED ROLL OWNER NAME TOTAL TAX 2014 2014 31-37-00-00004-0040-00123/0 LSAUL&CO(CUSTODIAN)(AJAX) 157.32 2014 2014 31-37-00-00005-0050-00114/0 FOGARTY GEORGE A 418.89 2014 2014 31-37-00-00007-0030-00016/0 VALESQUEZ FREDY 124.29 2014 2014 31-37-00-00007-0080-00011/0 1R000E JAIME A& 118.69 2014 2014 31-37-00-00009-0420-00024/0 CARNELL RICHARD M JR WENDY W 28.51 2014 2014 31-37-00-00009-0420-00024/1 'MONROE MICHAEL M'CHERYL S 28.51 2014 2014 31-37-00-00009-0820-00001/0 FELLSMERE CHURCH OF GOD(TRS)_ 10.00 2014 2014 ,31-37-00-_00009-0830-00016/0 REDLANDS CHRISTIAN MIGRANT ASSOC INC 10.00 2014 2014 31-37-00-00009-1160-00012/0 JOURNIGAN HORACE(TRS)& 10.00 2014 2014 ;31-38-01-00003-0670-00018/0 'ADAMS CLYDE D(TR)(TOK)JEAN ANNE(TR)(TOK) 1,103.87 2014 2014 31-38-11-00001-1240-00002/0 FESTINO JOHN JUDITH H (762.60) -- - - - -- 2014 2014 131-38-11-00003-0090-00010/0 JONES MICHAEL D&` 513.76 2014 2014 31-38-11-00003-0090-00019/0 FEY HAROLD 3.97 2014 2014 :31-38-12-00005-5030-00008/0 VON STEGERT EVELYN& 327.28 2014 2014 31-38-13-00001-1900-00023/0 'SMITH JULIE A 862.14 2014 2014 :31-38-13-00002-2040-00029/0 HAMMEL THOMAS VALERIE T 919.32 2014 2014 ~31-38-20-00000-1000-00005/1 FCB REO RAL ESTATE LLC 29.30 2014 2014 31-38-21-00000-3000-00002/0 FCB REOR-EAL ESTATE LLC 17.78- 2014 2014 31-38-22-00002-0000-00020/0 DUNCAN DOYLE B MARY ELLEN 762.61 2014 2014 31-38-22-00002-0000-00047/0 'BOYER CHARLES EDWIN 2,400.49 2014 2014 31-38-25-00001-3630-00039/0 ARNHOLD ROBERT P DONNA M 2,861.36 2014 2014 31-38-26-00000-7000-00001/0 'SEBASTIAN RANCH LLC 4,119.25 2014 2014 31-38-26-00003-0000-00212/0 SCANLON BARRY H PATRICIA P 2,465.20 2014 2014 31-38-26-000_03-0000-00266/0 PORTER JAMES A JUDY A 2,314.67 2014 2014 31-39-04-00000-0030-00004/0 UNITED REAL ESTATE VENTURES IN 13.66 2014 201431-39-04-00000-0030-00004/1 GOLDING JEFFREY'MARY BETH* 2.64 -- r---- - -- - - - t ----------- - -- - - --= - -- 2014 2014 31-39-06-00000-0040-00025/0 !SEBASTIAN METHODIST CHURCH INC 19.43 2014 2014 31-39-06-00003-0010-00001/2 ;CITY OF SEBASTIAN 7.08 2014 2014 31-39-06-00005-0010-00004/0 1SEBASTIAN METHODIST CHURCH INC 25.12 2014 2014 31-39-06-00005-0010-00005/0 SEBASTIAN METHODIST CHURCH INC 23.55 2014 2014 31-39-06-00005-0030-00001/0 (SEBASTIAN UNITED METHODIST CHURCH` 21.31 2014 2014 ;31-39-06-00005-0030-0_0002/0 'SEBASTIAN UNITED METHODIST CHURCH' 21.55 2014 2014 131-39-06-00005-0030_-00003/0 }SEBASTIAN UNITED METHODIST CHURCH' 21.16 2014 20_14 31-39-06-00010-0000-00008/0 'SEBASTIAN UMC 24.44 2014 2014 31-39-06-00010-0000-00012/0 ,SEBASTIAN UNITED METHODIST CHURCH' 26.69 2014 2014 31-39-06-00017-0010-00013/1 INDIAN RIVER COUNTY 3.15 2014 2014 31-39-06-00020-0060-0_0001/1 MOTIVA ENTERPRISES LLC 15.40 2014 2014 31-39-06-00025-0000-00080/0 'JANSSEN CARMALYN WILLIAM J 9.62 2014 2014 31-39-08-00010-0010-06059/0 MUELLER RICHARD H GLORIA K -- - - (623.51) 2014 2014 j31-39-15 00012-0340-00001/0 ENDICOTT BRADFORD M(TR)(TOK)' 1,759.08 2014 2014 31-39-15-00021-0450-00007/1 WINDSOR PROPERTIES 28.98 2014 2014 31-39-17-00000-0020-00029/2 CONDE CLARENCE P" 7.68 2014 2014 !31-39-17-00000-0020-00029/3 .JORDAN WILLIAM 0 CAROLE JEAN 11.66 2014 2014 31-39-19-00001-5940-00030/0 !WINKLER ANDREW J(TRS)CAROLE L(TRS) 3.81.93 2014 2014 31-39-20-00000_-1000-00022/2 'FISCHER HENRY A 13.18 2014 2014 31-39-20-00001-0000-00080/0 'EDMISTEN EDGAR H MARY LEE 506.75 2014 2014 31-39-22-00002-0000-00120/0 'RICCA EDWARD M JOANN 595.80 2014 2014 31-39-28-00006-0090-00001/0 ;SCHWERIN 510 LLC 5.60 {- 2014 2014 31-39-29-00000-3000-00011/0 'DAWSEYWOODROW 21.06 2014 2014 X31-39-29-00000-3000-00012/0 DAWSEY WOODROW 21.06 2014 2014 ,31-39-30-00001-0000-00001/0 ABT MICHAEL C TAFFI` 16.63 2014 2014 131-39-30-00001-0000-00002/0 ABT MICHAEL C TAFFI16.63 Page 2 of 10 21 CAROLE JEAN JORDAN,TAX COLLECTOR LIST OF ERRORS,INSOLVENCIES,DOUBLE ASSESSMENTS 2014 TAX ROLL ROLL YR TAX YR ACCOUNT NUMBER CERTIFIED ROLL OWNER NAME TOTAL TAX 2014 2014 31-39-30-00002-0000-00000/3 INDIAN RIVER COUNTY 4.60 2014 2014 31-39-31-00000-7000-00010/2 FORD BILLIE L CHRISTINE L 29.47 2014 2014 31-39-31-00000-7000-00011/0 INDIA_ N RIVER COUNTY 435.32 2014 2014 31-39-32-00000-5000-00004/0 VAN ANTWERP FREDERICK W(COTR)FLORENCE B(COTR) 27.80 2014 2014 31-39-32-00001-0010-00008/0 ?RU-SS--JOE` 158.48 2014 2014 131-39-32-00001-0040-00009/0 REESE GEORGE(EST OF)MARTHA(EST OF) 120.79 2014 2014 31-39-32-00006-0000-00055/0 FLAH KORYEYON S_T_ACY P 623.50 2014 2014 31-39-33-00000-1000-00001/1 LGRAVES EROS29.63 2014 2014 31-39-33-00000-1000-00038/0 MIRANDA MICHAEL'MARY LINDA 15.79 2014 2014 31-39-33-00000-3000-00008/0 TR OF HEAVENLY CHURCH OF FIRST BORN 13.18 2014 2014 31-39-34-00000-0060-00001/0 rSEACREST ESTATES INC` 8.39 2014 2014 ;31-39-35-00007-0000-00067/0 BARRY DESMOND T PATRICIA M 1,220.24 2014 2014 32-35-14-00000-7000-00003/0 CROOKED TREE LAND AND CATTLE COMPANY 6.49 2014 20_14 32-35-18-00000-3000-00001/0 "ROL INC& 12.64 2014 20_14i32-35-19-00000-1000-00002/0 ROL INC& 4.05 2014 2014 132-35-20-00000-1000-00002_/0 *INTURF ENTERPRISES INC* 5.51 2014 -22-00000-3000-00001/0 32-35-22-00000-3000-00001/0 ',LGR RANCH CATTLE COMPANY LLC 8.26 2 -- - - - -- 2014 2014 32-35-22-00000-5000-00001/1 ;LATT MAXCY CORP 1.46 2014 2014 32-35-23-00000-1000-00002/1 'GRANTHAM SUZANNE TINDELL(TR)` 19.78 2014 2014 32-35-23-00000-1000-00004/0 'CROOKED TREE LAND AND CATTLE COMPANY 17.66 -- - -- - - - - - 04/ - -- -- - - - 2014 2014 32-35-26-00000-5000-00001!0 IKAHLE FAMILY INVESTMENTS III LLC - 14.75 2014 2014 32-35-31-00000-3000-00001/6 LHULLFISH CLARENCE E 21.89 2014 2014 32-35-36-00000-0010-00002/0 !PRESSLEY RANCH INC 9.72 2014 2014 '32-36-00-00_000-0000-00002/0 PRESSLEY RANCH INC 5.83 2014 2014 32-36-00-00000-0000-00007/0 HOLMAN B L(LESS) 5.34 2014 2014 32-36-00-00002-0010-00024/0 CALDWELL COLLEEN R(LESS)& -, 183.66 2014 2014 32-37-00-00003-2418-00001/0 iGATOR ECP LLC 757.50 2014 2014 32-38-02-00000-5000-00001/0 1HAMMOND THO_MASS 494.05 2014 2014 32-38-08-00000-1000-00001/1 SRO-ED CORP 5.98 2014 2014 r32-38-11-00000-7000-00001/0 HAMMOND THOMAS S 398.69 2014 2014 32-38-11-00000-7000-00002/0 HAMMOND THOMAS S 220.81 2014 2014 32-38-11-00000-7000-00002/5 HAMMOND THOMAS S 121.85 2014 2014 32-38-12-00000-3000-00001/0 LUTHER FAMILY LLC - 240.15 2014 2014 32-38-13-00000-5000-00001/0 1 LATOUR JORGE A CONSUELO P 16.80 2014 2014 32-38-14-00000-1000-00003/0 HAMMOND THOMAS S 793.58 2014 2014 '32-38-14-00000-5-000-00003/0 HAMMOND THOMAS H - 2,143.11 2014 2014 :32-38-29-00000-5000-00001/0 {HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP(1/2)& 9.88 2014 2014 !32-38-30-00000-5000-00001/0 INDIAN RIVER PROPERTY LP 17.94 2014 2014 32-39-01-00001-0190-00001/0 ,O'HAIRE MICHAEL 7.05 2014 2014 32-39-01-00001-0260-00001/0 !KEAN JOHN_ (TRS)& 5.54 2014 2014 32-39-01-00001-1110-00001/0 �TIITF 13.82 2014 2014 ;32-39-01-00001-1120-00001/0 ,LOST TREE VILLAGE CORP 27.16 2014 2014 132-39-01-00001-1140-0_0001/0 LOST TREE VILLAGE CORP 15.89 2014 2014 32-39-03-00000-5000-00001/2 ;WINKLER ANDREW J(TR)& 13.09 2014 2014 32-39-08-00001-0040-00001/0 FOUR STAR GARFIELD LLC 298.49 2014 2014 32-39-10-00000-3000-00004/0 'PURVIS L_ULA BELLE(LE)" - - 13.57 2014 2014 32-39-10-00003-0020-00017/1 CLARK EDWARD LOUISE 23.56 2014 2014 32-39-12-00000-0010-00002/0 JOHNS ISLAND CLUB INC 1.94 2014 2014 32-39-15-00000-1000-00010/1 'JETSON EXECUTIVE MINI-STORAGE LLC - 19.80 2014 2014 ,32-39-15-00000-1000-00025/0 GRAND HARBOR NORTH LAND LLC 1.32 2014 2014 32-39-15-00000-3000-00011/2 BENT PINE GOLF CLUB INC 25.83 2014 2014 32-39-16-00000-1000-00015/1 !BENT PINE GOLF CLUB INC 25.83 Page 3 of 10 22 CAROLE JEAN JORDAN,TAX COLLECTOR LIST OF-ERRORS,INSOLVENCIES,DOUBLE ASSESSMENTS 2014 TAX ROLL - - ROLL YR:; TAX YR ACCOUNT NUMBER CERTIFIED ROLL OWNER NAME TOTAL TAX 2014 2014 32-39-16-00000-1000-00015/2 ;BENT PINE GOLF CLUB INC - 25.83 2014 2014 32-39-17-00002-0050-00019/0 ,PIERCE WILLIE J 408.89 2014 2014 132-39-20-00001-0030-00003/0 SAGEWOOD INVESTMENTS LLC 20.11 2014 2014 y32-39-20-00004-0000.00061/0 ''RAHAL MARIA C 408.90 2014 2014 32-39-22-00000-1000-00003/2 +CAC VERO I LLC 26.19 - -- - - - - 2014 2014 32-39-22-00000-5000-00082/0 (SNOW LULA MARY73.06 2014 2014 32-39-22-00000-5000-00083/0 GALLON MARY&" 3.99 2014 2014 32-39-22-00000-7000-00049/0 !GIFFORD GARDENS LLC 369.23 2014 2014 32-39-22-00004-0040-00011/0 ZHANG QI 319.74 2014 2014 32-39-22-00007-0020-00003/0 'COOPER LOUISE R& 414.37 2014 2014 ,32-39-22-00007-0030-00018/0 STEWART ROBERTA&" 101.21 2014 2014 32-39-23-00012-0000-00030/0 SMILEY LLOYD G(TR)(TOK)'MARGARET C(TR)(TOK) 67.59 2014 2014 32-39-24-00002-0000-00000/1 ;ESTUARY DEVELOPMENT LTD' 0.31 2014 2014 32-39-26-00000-3000.00022/2 MCDOUGALD ALTHEA' 77.85 2014 2014 32-39-26-00000-3000-00048/0 iTRS OF ST PETERS MISSIONARY BAPTIST CHURCH 25.00 2014 2014 32-39-26-00000-7000-00002/0 SEGMENT MARKETS 85 INC 17.01 2014 2014 32-39-26-00000-7000-00006/0 RUSSELL VIRGINIA W FAMILY LTD PTNR 22.09 2014 2014 32-39-26-00002-0130-00003/0 !APOSTOLIC FAITH REVIVAL CENTER 25.00 2014 2014 32-39-26-00004-0200-00001/0 'APOSTOLIC FAITH REVIVAL CENTER 25.00 2014 2014 32-39-26-00004-0200-00002/0 APOSTOLIC FAITH REVIVAL CENTER 25.00 2014 2014 ;32-39-26-0000.6-0000-00025/0 1RIVERFRONT GROVES INC 27.29 2014 2014 A 32-39-26-00010-0070-00103/0 BEASLEY LEONA MC DOUGALD 13.09 2014 2014 32-39-26-00011-0060.00001/1 iSUN AVIATION INC(LESS)' 17.00 2014 2014 32-39-26-00_016-0005-00303/0 I POL_ACK BEVERLY& (815.98) 2014 2014 32-39-26-00018-0000.00010/0 i RODES LORRAINE(H)" 408.88 2014 2014 32-39-27-00008-0020-00012/0 WILLIAMS TELLIS&' 239.80 - 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- 617.90 2014 2014 33-39-27-00001-0080-00002/0 ST PIERRE WAYNE& 301.58 2014 2014 33-39-28-00010-0000-00112/0 JENSEN CATHYLEEN W 590.57 2014 2014 .33-39-28-00011-0000-00036/0 SMYLIE WILLIAM T 53.31 2014 2014 33-39-30-00001-0110-00001/0 FEEK PROPERTIES LLC 5,838.51 2014 2014 33-39-33-00002-0150-00001/1 MCLAUGHLIN ELISA ILGAN(TR)(TOK) 4.08.88 2014 2014 33-39-36-00002-0280-00002/0 STUTTE JOHN C DIANE R 37.29 2014 2014 '33-40-05-00001-0060-00006/0 KAPPUS LOUISE R 3,386.40 2014 2014 33-40-05-00003-00_70-00010/0 COHEN BRANDON 8,041.27 2014 2014 33-40-05-00008-0002-00000/1 PRICE WILLIAM ROBERT JR CAROL L 27.72 2014 2014 33-40-05-00009-0010-00001/0 INDIAN RIVER COUNTY - 24.98 2014 2014 33-40-05-00010-0000-00000/1 INDIAN RIVER LAND TRUST INC" 2.78 -- - -- - 2014 2014 33-40-05-00010-0030-00010/0 PADGETT ROBERT LANSING_ III TIFFANY STARR 13,995.07 2014 2014 3340-05-00010-0040-00007/1 1 SHAMBO BRIAN M MOLLY T 1,273.57 Page 7 of 10 26 CAROLE JEAN JORDAN,TAX COLLECTOR LIST OF ERRORS,INSOLVENCIES,DOUBLE ASSESSMENTS 2014 TAX ROLL - 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267,188.79 2014 2014 10066849 0000 ROYAL CUP INC 28.43 2014 2014 0066853 0000 ROYAL CUP INC 8,16 2014 2014 0074090 0000 CATO CORP,THE CATO 23.10 2014 2014 0074650 0000 CREATIVE FLOOR OF VERO BCH INC 1917 2014 2014 :10084900 0000 VERO BEACH LINCOLN MERCURY INC C/O BR WEST LLC 3,109.76 2014 2014 10101300 0000 CENTRAL FL DRYCLEANING INC 541.13 2014 y 2014 0103240 0000 iTRUGREEN LP#281096 TRUGREEN OF VERO BEACH 569.59 --- } -- -- -- - - -- - -- 2014 2014 0149354 0000 KAPLAN DC KAREN F CENTER FOR HOLISTIC HEALTH 23.30 - - - - - - -- 2014 2014 0188578 0000 C&D DRYWALL OF VERO BEACH INC 1,604.62 2014 2014 0188728 0000 CIT COMMUNICATIONS FINANCE CORPORATION 19.41 2014 2014 0189327 0000 ROBBINS JOHN A BIG DIPPER PRODUCTIONS 21.34 - I ---- , - f ------ ------ - - -- - - - ----- - - - - ---- -- 2014 2014 0190419 0000 ISLAND INSURANCE GROUP LLC SEBASTIAN INSURANCE 25.97 2014 2014 0191166 0000 HALLMARK MARKETING CORPORATION-011 18.30 2014 2014 (0191673 0000 JBT FOODTECH 28.14 2014 2014 0195055 0000 MERRILL PASTOR&COLGAN ARCHITECTS PA 24.69 2014 2014 0196239 0000 SENTRY FINANCIAL CORPORATION 10.29 - G- 2014 2014 10196802 0000 EAST COAST VETERINARY SERVICES LLC 1,318.79 2014 2014- '019_7670 0000 FLORIDA IRRIGATION MAINTENANCE_INC -33.72 2014 2014 0197866 0000 hIABBOT_T LABORATORIES INC 6.84 2014 20.14 +0200675 0000 CARTER'S RETAIL INC CARTER'S STORE_ #691 24.60 2014 2014 0200676 0000 i CITY ELECTRIC SUPPLY CO _ 5_11.57 2014 2014 :0200902 0000 !SENTRY FINANCIAL CORPORATION 24.68 2014 2014 0201262 04_00 GW SERVICES INC DBA GLACIER WATER GLACIER WATER 19.58 2014 2014 '0201553 0000 JACKS COMPLETE TREE SVC INC 16.84 2014 2014 0203378 0000 GNC INC GENERAL NUTRITION CENTER#3271 5.56 2014 2014 0204226 0000 'PUBLIC STORAGE INC#28087 12.40 2014 2014 0204435 0000 FLAMINGO ICE LLC RITA'S ITALIAN ICE 253.83 2014 2014 0204499 0000 HOLISTIC WELLNESS SYSTEMS INC 131.74 2014 2014 0205161 0000 RFXG LLC CHEF LIN'S ASIA BUFFET 21.94 2014 2014 0205175 0000 AMERIGAS PROPANE LP 11,89 2014 2014 ,0205313 0000 TREASURE COAST INFECTIOUS DISEASE CONSULTANT INC 1,073.05 Page 8 of 10 27 CAROLE JEAN JORDAN,TAX COLLECTOR LIST OF ERRORS,INSOLVENCIES,DOUBLE ASSESSMENTS 2014 TAX ROLL ROLL YR TAX YR , ACCOUNT NUMBER CERTIFIED ROLL OWNER NAME TOTAL TAX 2014 2014 0205362 0000 TRM COPY CENTERS_(BURROUGHS) 15.94 2014 2014 0206716 0000 PITNEY BOWES INC 16.53 2014 2014 0206794 0000 :REDDY ICE CORPORATION 13.13 2014 2014 0206795 0000 REDDY ICE CORPORATION 8.28 2014 2014 0206796 0000 REDDY ICE CORPORATION 23.49 2014 2014 0206797 0000 REDDY ICE CORPORATION 2.50 2014 2014 0206900 0000 :ANDLINGER&COMPANY INC 3.53 2014 2014 020_6_905 0000 'FOCUS FOUR LLC FOCUS FOUR_LLC 29.97 2014 2014 0207792 0000 'CANTEEN CORP/COMPASS 96.11 2014 2014 0208697 0000 GULFSTREAM LANDSCAPE MGMT OF IRC LLC 219.51 2014 2014 0209286 0000 SUNFLOWER LANDSCAPING_CO 29.97 2014 2014 0209388 0000 SNOWMARK CORPORATION 27.79 2014 2014 0209879 0000 'PEPSICO SALES INC 5.39 2014 2014 0209949 0000 OUTERWALL INC 25.38 2014 2014 0209999 0000 NEXTEL SOUTH CORP SPRINT 21.68 2014 2014 :0210002 0000 NEXTEL SOUTH CORP SPRINT 23.78 2014 2014 0210503 0000 'ALL PRO PAINT&BODY INC 22.51 2014 2014 0210560 0000 PALM COAST SHUTTERS&RAILINGS INC 22.09 2014 2014 0211467 0000 STONES OF ITALY INC_ 3.79 2014 2014 10212269 0000 GENESCO INC JOURNEYS#1243 25.27 2014 2014 0212379 0000 TIFFANY NAILS&SPA LLC 6.57 2014 2014 10213983 0000 'OLYMPUS AMERICA INC 1,414.41 2014 2014 X0217424 0000 ;STONEMOR FLA SUBSIDIARY LLC CIX-GIFFORD SEAWINDS FU_NE 13.89 2014 2014 0217456 0000 NEXTEL SOUTH CORP SPRINT 19.27 2014 2014 0217600 0000 _ DISH NETWORK LLC DISH NETWORK - - - 2.74 2014 2014 ;0217659 0000 IPNC EQUIPMENT FINANCE LLC 25.73 2014 2014 0218198 0000 !HOWARD CONSULTANTS INC 7.56.73 2014 2014 0218738 0000 !NEXTEL SOUTH CORP SPRINT 1.98 2014 2014 0218786 0000 STATE FARM MUTUAL AUTO INS CO 20.64 2014 2014 0218787 0000 DAVIS ISAAC C 22.79 2014 2014 0219452 0000 SPACE COAST CREDIT UNION 18.74 2014 2014 0219468 0000 EYE MALL MEDIA(USA)LLC 3.47 2014 2014 0219486 0000 MEDTRONIC USA INC 6.32 2014 2014 !02196410000 1 PRO TRANSMASTERS 11 INC 16.60 2014 2014 0219654 0000 (CANTEEN CORP/COMPASS 186.18 2014 2014 40219655 0000 CANTEEN CORP/COMPASS 26.27 2014 2014 '0219656 0000 CANTEEN CORP/COMPASS - _ 62.51 2014 2014 :0219704 0000 SUNNY DAYS DELI&COFFEE SHOP 649.35 2014 2014 !02198310000 :XAYA CORPORATION SUBWAY&TC_BY#21402 19.28 2014 2014 0220164 0000 PIZZOODLE'S TOO,INC 18.29 - -- - ---- 2014 2014 '0220182 0000 BARRIER ISLAND MANAGEMENT CON SULTANT 29.40 2014 2014 10220314 0000 MINGKHOVAN KHWANCHANOK THE NOODLE HOUSE_ 1,618.25 2014 2014 0220322 0000 NATIONWIDE MONEY SERVICE 17.56 2014 2014 0220335 0000 CHOPHOUSE 88 OF VERO BCH LLC 1,190.45 2014 2014 0220346 0000 GMRI INC 21737 OLIVE GARDEN THE#1737 909.55 2014 2014 0220397 0000 UNIVERSAL HOSPITAL SERVICES C/O GRANT THORNTON LLP 5.88 2014 2014 0220401 0000 T MOBILE SOUTH LLC T-MOBILE 7.69 2014 2014 _0220402 0000 ;T-MOBILE SOUTH LLC T-MOBILE 8.42 2014 2014 0220480 0000 ;MATTRESS FIRM INC#5223 25.56 2014 2014 10220508 0000 iFLORIDAS NATURAL FOOD SERVICE INC 20.02 2014 2014_ 0220576 0400 BANYAN DENTAL SERVICE_ S_ LLC 5.17.8_7 2014 2014 0221013 0000 iT-MOBILE SOUTH LLC 27.80 Page 9 of 10 28 CAROLE JEAN JORDAN,TAX COLLECTOR LIST OF ERRORS,INSOLVENCIES,DOUBLE ASSESSMENTS 2014 TAX ROLL ROLL YR TAX YR ACCOUNT NUMBER CERTIFIED ROLL OWNER NAME TOTAL TAX 2014 2014 0221029 0000 OMNICARE OF CENTRAL FLORIDA 28.16 2014 2014 '0221133 0000 SEBASTIAN HMA PHYSICIAN MANAGEMENT LLC RIVERSIDE SUR 23.97 2014 2014 '0221194 0000 !SIGMAN ANGELA SIGMAN LAW FIRM PA 673.78 2014 2014 •0221300 0000 HARRIS KIMBERLY_ JEAN AUDIBEL OF FT PIERCE 309.63 2014 2014 0221336 0000 LAUANATH CORP LA BODEGUITA DE VERO 1,022.25 2014 2014 0221346 0000 'JENKINS BRONIA SUR LA MER 20.68 2014 2014 0221388 0000 JPMORGAN CHASE BANK NA 15.15 2014 2014 0221410 0000 THE VER_O_BEACH INN LLC FKA:AMERICAS BEST VALUE INN 511.94 2014 2014 0221439 0000 PLUM HOLLOW CONDOMINIUM LLC 26.99 2014 2014 0221588 0000 PIZZOS ITALIAN DELI INC 1,022.25 2014 2014 0221787 0000 INEOS NEW PLANET BIOENERGY LLC (418,569.85) --- - 2014 2014 0221798 0000 OLYMPUS AMERICA INC 90.66 2014 20140221870 0000 AT&T SERVICES INC T/C 7 27.29 -- - - - 2014 2014 10221994 0000 PEAK HEALTH&FITNESS LLC 6.49 2014 2014 .0222017 0000 FAIRHOMES MOWAT PROPERTIES LLC 15.54 2014 2014 0222055 0000 AT&T SERVICES INC 9.86 2014 2014 0222057 0000 AT&T SERVICES INC 17.41 2014 2014 8120090 0000 BIDWELL NYRY G SR HELEN E FAIRLANE HARBOR 6.38 TOTAL PERSONAL PROPERTY (396,892.14) 2014 2014 •7100006 ANDERSONS,THE 5.87 2014 2014 7100014 CHEVRON USA INCORPORATED 1.72 2014 2014 7100319 DUKE ENERGY CAROLINAS LLC 22.69 2014 2014 ;7100324 1 NEW PROVINCE RAIL PARTNERS LLC 9.45 2014 2014 17200006 ANDERSONS,THE 1.95 2014 2014 7200014 CHEVRON USA INCORPORATED 0.58 2014 2014 7200105 IFIRST UNION RAIL CORPORATION 18.34 - --- 2014 2014 17200211 ;AMERICAN RAILCAR LEASING LLC 13.45 2014 2014 .7200215 DAVID J JOSEPH CO 19.52 2014 2014 7200219 'MOSIAC CROP NUTRITION LLC 20.44 2014 2014 7200314 'TROPICANA TRANSPORTATION CORP 10.63 2014 2014 7200319 1 DUKE ENERGY CAROLINAS LLC 7.56 2014 2014 7200324 NEW PROVINCE RAIL PARTNERS LLC 3.15 2014 2014 7200328 SMBC RAIL SV_C'S LLC 22.62 2014 2014 7300006 ANDERSONS,THE 10.23 2014 2014 7300014 CHEVRON USA INCORPORATED 3.00 2014 2014 7300324 'NEW PROVINCE RAIL PARTNERS LLC 16.46 2014 2014 7400006 ANDERSONS,THE 3.90 2014 2014 7400014 CHEVRON USA INCORPORATED 1.14 2014 2014 17400211 AMERICAN RAILCAR LEASING LLC 26.80 2014 2014 ;7400314 ,TROPICANA TRANSPORTATION CORP 21.20 2014 2014 :7400319 DUKE ENERGY CAROLINAS LLC 15.07 2014 2014 7400324 NEW PROVINCE RAIL PARTNERS LLC 6.26 TOTAL CENTRALLY ASSESSED 262.03 ;GRAND TOTAL (129,441.32) Page 10 of 10 29 CONSENT: 7/14/15 vL Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: June 30, 2015 RE: Resolutions Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the time frames of July 15, 2015, through and including August 17, 2015, and August 19, 2015, through and including September 14, 2015 The Indian River County Board of County Commissioners has canceled regularly scheduled meetings during the two time frames of July 15, 2015, through and including August 17, 2015, and then again on August 19, 2015, through and including September 14, 2015. During these two intervals, it is necessary and desirable that the Board delegate to the County Administrator, or his designee, the authority to call Letters of Credit that may expire during these two time intervals. Further, it is necessary and desirable that the Board delegate to the County Administrator, or his designee the authority to execute all other documents necessary for the proper functioning of the County. In Resolution No. 2014-106, the Board delegated the authority to sign any resolution or proclamation of local emergency or state-wide emergency that affects Indian River County, together with any and all emergency orders and other acts required in connection therewith, to the County Administrator, or his designee. Resolution No. 2014-106 remains in full force and effect through December 31, 2015. Additionally, in Resolution No. 2014-105, the Board delegated to the County Administrator or his designee, the authority to sign resolutions on behalf of the Board to call letters of credit which may expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County. Resolution No. 2014-105 also remains in full force and effect through the calendar year 2015. Fundinsa: There is no expense associated with this item. Requested Action: Authorize the Chairman to sign the two Resolutions as presented, delegating the authority to call Letters of Credit and delegating full signing authority during the periods commencing July 15, 2015, through and including August 17, 2015, and also commencing August 19, 2015, through and including Septembers�14, 2015, respectively. w _ Attachments i li - fd�ENT ''✓NDA - - -- 30 NTY ATTORNEY ` j RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING JULY 15, 2015, THROUGH AND INCLUDING AUGUST 17, 2015, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING JULY 15, 2015, THROUGH AND INCLUDING AUGUST 17, 2015. WHEREAS, at the November 4, 2014 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing July 15, 2015, through and including August 17, 2015; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2014-106 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (1) and (3) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2014-106 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2014-105, the Board of County Commissioners previously delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2014- 105 remains in full force and effect. 31 RESOLUTION NO. 2015- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call Jeffers of credit which might expire or otherwise require action to be taken during the period commencing July 15, 2015, through and including August 17, 2015. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing July 15, 2015, through and including August 17, 2015, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 15, 2015, through and including August 17, 2015, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is July 15, 2015, and this Resolution shall expire without further action of this Board at the close of business on August 17, 2015. 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 Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared this Resolution duly passed and adopted this 14th day of July, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B Wesley S. Davis, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency Vy-lan Reingold, County Attorney 2 32 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING AUGUST 19, 2015, THROUGH AND INCLUDING SEPTEMBER 14, 2015, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING AUGUST 19, 2015, THROUGH AND INCLUDING SEPTEMBER 14, 2015. WHEREAS, at the November 4, 2014 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing August 19, 2015, through and including September 14, 2015; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2014-106 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (1) and (3) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2014-106 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2014-105, the Board of County Commissioners previously delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State 33 RESOLUTION NO. 2015- of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2014- 105 remains in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing August 19, 2015, through and including September 14, 2015. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing August 19, 2015, through and including September 14, 2015, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing August 19, 2015, through and including September 14, 2015, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is August 19, 2015, and this Resolution shall expire without further action of this Board at the close of business on September 14, 2015. 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 Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared this Resolution duly passed and adopted this 14th day of July, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court Wesley S. Davis, Chairman and Comptroller By Deputy Clerk Approved as to form and legal sufficiency By ylan Reingold, CountyAtfttornrey 2 34 Consent Agenda-B.CC 7.1.1.15 Oce of INDIAN RIVER COUNTY x ATTORNEY t q. Dylan Reingold,County attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorne C. DATE: July 8, 2015 SUBJECT: Authorization for Out-of-County Travel for Assistant County Attorney to Florida Association of Counties Policy Conference BACKGROUND: On September 9, 2014, the Board of County Commissioners approved the out-of- county travel for County Commissioners and County Officials to attend the legislative conferences and meetings scheduled by Florida Association of Counties. The referenced authorization, however, does not include County staff. Therefore, authorization is requested for out-of-county travel for the Assistant County Attorney to attend the Florida Association of Counties Policy Conference from August 25" -27`i' in St. Petersburg, Florida. This seminar will provide useful information on legislative issues that may impact Indian River County. FUNDING: The registration cost for the policy conference is $150.00. The funds would come from the account titled County Attorney Tuition/ Registration 00110214-035430. The hotel for August 26, 2015, is $104.00 at the Marriott Courtyard or $129.00 at the Hilton. The funds would come from the account titled County Attorney-All Travel 00110214-034020. ATTACHMENT(S). Copy of the Florida Association of Counties preliminary agenda for the policy conference. Indian River Co. Approved Date Approved for July 14,2015 BCC Meeting Admin. ] I Consent Agenda Co.Atty. Budget De aliment Risk Management --- --- COUNTY ATTORNEY 35 "A - 2015-16 Policy Committee Conference A L ORD Hilton St. Petersburg Beach Bayfront (Pinellas County) OF (:UUNTTIF.S August 26 - 28, 2016 ------------ All About Florida s Wednesday.August 26 9:00 a.m. - 12:00 p.m. CCC Workshop:Topic TBD 9:00 a.m. - 5:00 p.m. Gulf Consortium 10:00 a.m. - 11:45 a.m. Federal Committee 12:00 p.m. - 1:30 p.m. Lunch (on your own) 1:00 p.m. - 6:00 p.m. Registration Desk Open 1:30 p.m.-3:00 p.m. Rural Caucus 3:15 p.m. - 4:45 p.m. Urban Caucus 5:15 p.m. - 6:30 p.m. FAC Executive Committee 6:30 p.m. - 7:30 p.m. Welcome Reception Thursday.August 27 7:45 a.m. -9:00 a.m. Continental Breakfast 7:30 a.m. -4:30 p.m. Registration Desk Open 8:00 a.m. -9:15 a.m. Public Safety Committee 9:30 a.m. - 12:00 p.m. Growth Mgmt,Agriculture,&Environment 12:00 p.m. - 1:00 p.m. Luncheon w/Guest Speaker 12:00 p.m. - 1:00 p.m FCF Board of Directors Meeting 1:15 p.m. -3:15 p.m. Finance,Tax&Administration Committee 3:30 p.m. -4:45 p.m. Health& Human Services Committee 5:00 p.m. - 6:30 p.m. Legislative Executive Committee 6:30 p.m. - 7:30 p.m. Reception Friday,August 28 8:30 a.m. -9:00 a.m. Continental Breakfast 9:00 a.m. - 10:30 a.m. Board Orientation&Meeting (New and returning board members should attend) 10:30 a.m. - 1:00 p.m. Leadership Summit 36 Oce of CONSENT: 7/14/15 v 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 V)vv— DATE: July 1, 2015 SUBJECT: Granting of Utility Easement to Titone Properties, L.L.C. For Servicing 1753 N. Indian River Drive in Sebastian Titone Properties, L.L.C. (Titone) is the owner of 1753 N. Indian River Drive in Sebastian and is currently under a City of Sebastian code violation with regard to its on site septic system. The property owner's agent has contacted the County in an effort to comply with the code order, indicating that his client wishes to hook up to both County water and sewer rather than re-do its septic system, and has requested that the County consider granting a non-exclusive utility easement for water and sewer from the County's property which fronts Indian River Drive and partially abuts the Titone property. See attached aerial. The County's property is part of the Archie Smith Fish House historic site, which is intended in the future to be restored and improved in phases with grant monies. One of the future phases contemplated is to build restrooms on the site parcel west of Indian River Drive. Staff has reviewed the proposed easement and determined that it will not conflict with planned improvements to the site (e.g. parking or restroom facilities). In an effort to accommodate the property owner to alleviate a health and safety issue and to help with the quality of the Indian River Lagoon, the attached Easement and Maintenance Agreement was prepared. Titone intends to install a private water line and a public sewer line through the County's property to service its property. The sewer line will be large enough to accommodate public restroom facilities that the County may construct in the future. The maintenance responsibility for the private water line will rest solely with Titone. Approved for July 14,2015 BCC Meeting CONSENT Indian River Co. Approved Date Admin. By: Co.Atty. COUNTY ATTORNEY Budget Department { ! Risk Manage --- -- 1 37 FUNDING: The only cost associated with this item is the recording fees for the Easement and Maintenance Agreement, and this cost shall be borne by Titone. RECOMMENDATION: Staff recommends that the Board approve the granting of the non-exclusive utility easement, and authorize the Chairman to execute same for recordation in the public records. /nhm attachments 2 38 Indian River County, Florida Property Appraiser- Printer Friendly Map Page 1 of 1 Print Back Indian River County GIS 1297N Ply " r �29iH ti x z Mp"E is ParcelID OwnerName PropertyAddress 30393100001000000002.6 TITONE PROPERTIES 1753 N INDIAN RIVER DR SEBASTIAN, FL LLC 32958 Notes 39 http://www.ircpa.org/PrintMap.aspx 7/1/2015 Prepared by: Office of Indian River County Attorney 1801 271'Street Vero Beach,FL 32960 772.226-1425 EASEMENT AND MAINTENANCE AGREEMENT THIS GRANT OF EASEMENT, made and executed this day of , 2015, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, acting through its Board of County Commissioners, whose mailing address is 1801 27"' Street, Vero Beach, Florida 32960, hereinafter called GRANTOR, to TITONE PROPERTIES, L.L.G., a Florida limited liability company, having a mailing address of 606 Dahlia Lane, Vero Beach, Florida 32963, it successors and assigns, hereinafter called GRANTEE. WITNESSETH : That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, a perpetual, nonexclusive easement for water and sewer, over, across and beneath the following described land, situate in Indian River County, Florida, to wit: See Exhibit"A" attached hereto. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. GRANTEE shall not charge GRANTOR a fee to tap into the line(s) installed in the easement by GRANTEE. If no improvements are constructed in this easement within five (5) years from the date of this document, this Easement and Maintenance Agreement shall become null and void. By acceptance of this easement, GRANTEE will assume perpetual maintenance of the private water line to be located within said easement. IN WITNESS WHEREOF, the GRANTOR and GRANTEE have set their hands and seals the day and year first above written. INDIAN RIVER COUNTY,FLORIDA ATTEST: Jeffrey R. Smith, Clerk of acting through its Board of County Court and Comptroller Commissioners By: By: Deputy Clerk Wesley S. Davis,Chairman Appro o fo and a ncy: GRANTOR By William K.DeBraal, Deputy County Attomey SEAL: 40 ACCEPTANCE: Signed, sealed and delivered in the TITONE PROPERTIES, L.L.C., a presence of: Florida limited liability company ny signature:A/,� pa printed By. Marr signature ',"'�ager printed na(me:,Sd ANTEE STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2015 by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, who is personally known to me. NOTARY PUBLIC Signature: SEAL: Printed Name: Commission No.: Commission Expiration.: STATE OF FLORIDA COUNTY OF INDIAN RIVER (-\ The foregoing instrument was acknowledged before me this 1�day of 2015 by Mark Titone, Manager of Titone Properties, L.L.C., a '1�F r da limited liability company, who executed under the authority of said i tied' liability company. He is either personally known to me or produced (passport or driver's license) as identification. NOTARY PUBLIC Signature: CA- Y2- SEAL: Printed Nae: I,. -Wr►11-1- CommissionNo.: CK jy�%S Commission Expiration: la,- 3 - 1 (,, SANDRALWW.4ff MY COMMISSION EE IMOW5 EXPIFIES*June 3,201IJ 6 BaKM Tft"PuM Undow.ders 2 41 DESCRIPTION PROPOSED 15' UTILITY EASEMENT A 15.00 foot wide strip of loadbeing a portion of Lot 2, PLAT OF THE SUBDIVISION OF LAND OF THE ESTATE OF AUGUST PARK, according to the plot thereof, as recorded in Plot Book 1, Page 10, of the Public Records of St. Lucie County, Florida, said lands now lying and being in Indian river County, Florida, said strip also being a portion of lands described In Official .Records Book 2632, page '819 and a portion of lands described In Officlol Records Book, 2056, page 2347, both of the Public Records of Jndfon 'River County, FlQrldqi vc1d' 4Wp more particularly u.1 y described as follows ComMencing at the 1hibrVectioni of the North- -line of said Lot 2 with the Westerly right—of—way (r./w) tins.of Indian River Drive {Qld U:S. Highway No. 1. 66' r/w width), proceed South 265B?4T East. along sold Westerly r/w line a distance of 83.54 foot to the Northeast corner, of sold kinds;dVg ed In Official Records Book 2032, page 519, told point being the 'POINT OF BEQINNJRGj, thionce continue South 26.'58'40" East along said Westerly r/w- 11ne a distance -apf 1.08 f6eil, thong* 'deporting said Westerly r/w lint, South 00749*3e West a distance of 252.25 feet; thence North O1'10'26' West a dlstohcoof 15,00 feet to a point op the North line of solid lands described ih Official Records Book 2032 page 419; thence North 88*49*34* East along said North line a distance of 148.iQ0 feet to the POINT OF BEGINNING. Containing on area of 3729 square foot, more or less. Wdflam B. Zeniz & Almodates, Inc. 2bd—D01' "Omdxw'LAtw� WmPmr cr-Am"aKmN m so.sm 65.+ Old Dixie ft.hwoy 4/24/15 Vero B"ch. A 32962 Phone: '(771) $61-7552' Pis $NEUT OF Smrrm Na "76 Fox .1 (772) $07-1751 suit OF A 1 2 42 M P.O.G N98.49'34'E 19540' HIBB'49'34`E 14500' S'j y y M LIW LOT 2, AUGUST PARK r �. cam PIAS 1. PC, 19 " LANDS DESCRIBED IN 1V 'y O.R.B. 1012, PAGE; 1833 dr CLR.EC 40, PAGE. 2178 '? 1 N.E CEW LANDS DESG IN O.R.R. Z=PALL 919 1 Aaa- t4 t00 O Nfl9'49 34`E ' ,�• t � 50- N011'4Q'26' 15.04' S88'49 4 W 262.25` S26.W, a c ' m DESCRIBED STRIP O.R.Win, PAM 2347 PROPOSED 15" UTILITY EASEMENT (HATOM) 3729 •SQUARE FEET t GRAPHIC SCALE f$ ` 0 20 40 80 Gy LANDS DESCRIBED IN $ O.R.B. 2032 PAGE.0-4 49 34'E NW49 WE 119 87' y (IN FEET) 1 INCH-40 FT. 25.13' I Notes: S84'a6'241`E 234.50' 1. This is nota survey. 2. Reproductions of this sketch are not valid unless it Sketch � Q@$CC�p#ion bears the signature and original raised seat of a Florida licensed Surveyor & Mapper. L�'9��� W110a i B. Zentz &, Asea Ates; ink . P.O:C.=POINT OF COMMENCEMENT 208-001 3. Parcel lines shown based on boundory survey by �yftf 77$f.�16m ..y��/ 6fJ�7101p P.O.B.mPOINT OF'BEOINNINC Mosteller, Moler, Reed & Taylor, drawing 5981.01, doted aI'E 9/20/06 as provided by client. 0'x'8'_��� RECORDS BOOK ��OF �(W).� eao 4 24 15 P.13S.-PLAT BOOK ST. LUCIE COUNTY RECORDS 684 Old DW* Highway .I! 4. Description shown in this document originated by this Vero 9eock Fl 32962 surveyor. Phone: (772) 5.67-7552 s11e1 f OF Fax : (772) $67-1751 2 2 1 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Joseph Baird County Administrator FROM: Colleen Peterson VI Human Resources Manager DATE: July 8,2015 SUBJECT: Cost-of-Living Increase for Teamsters Bargaining Unit Employees On June 29, 2015, the County and Teamsters Local 769 tentatively agreed on a 3.5% cost of living increase for employees in the Teamsters bargaining unit effective the first full pay period in October 2015, or the same increase as employees under the County Administrator's purview if greater than 3.5%. The agreement was submitted to the Teamsters membership and ratified on July 7, 2015. Staff estimates that the cost of this increase will be approximately $389,423, including salaries and benefits, for next fiscal year. Staff recommends approval of the Second Amendment to the collective bargaining agreement. Attachments: 1. Article 33 —legislative version 2. Second Amendment to Collective Bargaining Agreement APPROVED AGENDA ITEM :R: : C), / Josep A. Baird, County Administrator D/b� Approval Date I,& Admin. 7N) Legal Budget De t. WW IS Risk Mgmt. 44 ARTICLE 33 WAGES 33.1 For fiscal year FY 2013/2014, bargaining unit employees shall not be eligible for an anniversary increase. For fiscal years FY 2014/2015 and FY 2015/2016, employees will receive a 2.5% anniversary increase, or the same increase as non-union employees under the County Administrator's purview if greater than 2.5%, not to exceed the top of the employee's pay range. Bargaining unit employees who are topped out in their pay range shall receive a lump sum anniversary amount in the amount of$800 (prorated for part-time employees), or the same amount as non-union employees under the County Administrator's purview if greater than $800, not added to their base upon successful evaluation. Employees within the established lump sum payment amount (prorated for part- timers) of the maximum of the range shall receive an increase in base pay up to the maximum of the range and shall receive the difference between that amount and the established lump sum payment in a lump sum payment. Any anniversary increases or lump sum increases after the expiration of this Agreement shall be subject to collective bargaining. 33.2 For fiscal year FY 2013/2014, bargaining unit employees will receive a 3% cost of living increase effective the first full pay period in October 2013. For fiscal year FY 2014/2015, bargaining unit employees will receive a 2.5% cost of living increase effective the first full pay period in October 2014, or the same increase as non-union employees under the County Administrator's purview for fiscal year FY 2014/2015 if greater than 2.5%. For fiscal year FY 2015/2016, bargaining unit employees will receive a 3.5% cost of living increase effective the first full Day period in October 2015, or the same increase as employees under the County Administrator's purview for fiscal year FY 2015/2016 if -greater than 3.5%.;he paFties Foutually agMe W FeGPSR thiS GA-GOOG-A and w1lertiveiy baFgaffin MuFe GGSt Gf WiRg inGFeases. Any cost-of-living increases after the expiration of this Agreement shall be subject to collective bargaining. 33.3 For the life of this Agreement the promotion probation pay increase shall be 5%. 33.4 Full-time employees who actually work established full-time shifts (8 hours, 10 hours, etc.) that start at or after 1:00 p.m. or before 4:00 a.m. will be eligible for shift differential at a rate of 5% of the regular hourly rate for the shift worked. Any shift beginning between 4:00 a.m. and 1:00 p.m. is excluded. Shift differential is automatically added to the regular hourly rate for the purpose of computing overtime pay. Any employees receiving shift differential, whose established shift is outside the stated guidelines, will no longer receive it. TA: UNION COUNTY County Proposal 6/239/15 45 SECOND AMENDMENT TO OCTOBER 1, 2013 COLLECTIVE BARGAINING AGREEMENT THIS SECOND AMENDMENT by and between the BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County", and TEAMSTERS LOCAL UNION NO. 769, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, hereinafter referred to as the "Union". WHEREAS, effective October 1, 2013, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement",for the period October 1, 2013 through and including September 30, 2016; and WHEREAS, Article 33, Wages, provides for the parties to reopen negotiations for cost of living adjustments for FY 2014/2015 and FY 2015/2016; and WHEREAS, on July 15, 2014, the Board of County Commissioners approved the First Amendment to Article 33, Wages, for FY 2014/2015; and WHEREAS, on June 29, 2015, the parties collectively bargained and agreed upon a cost of living adjustment for FY 2015/2016, the terms of which are particularly described in Exhibit "A" to the Second Amendment. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows; 1. Article 33, Wages, shall be amended as set forth in Exhibit "A" to the Second Amendment. 46 2. The remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the dates below written. BOARD OF COUNTY COMMISSIONERS INTERNATIONAL BROTHERHOOD OF INDIAN RIVER COUNTY, FLORIDA TEAMSTERS, LOCAL 769 By By Wesley Davis, Chairman Steve Myers, Business Representative Date Ratified by the Union on the day of July 2015 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk '4. C&I 2�14 seph . Baird, County Administrator Approved as to form and legal sufficiency: an T. Reingold, County Attorney 47 EXHIBIT "A" TO THE SECOND AMENDMENT ARTICLE 33 WAGES 33.1 For fiscal year FY 2013/20141 bargaining unit employees shall not be eligible for an anniversary increase. For fiscal years FY 2014/2015 and FY 2015/2016, employees will receive a 2.5% anniversary increase, or the same increase as non-union employees under the County Administrator's purview if greater than 2.5%, not to exceed the top of the employee's pay range. Bargaining unit employees who are topped out in their pay range shall receive a lump sum anniversary amount in the amount of $800 (prorated for part-time employees), or the same amount as non-union employees under the County Administrator's purview if greater than $800, not added to their base upon successful evaluation. Employees within the established lump sum payment amount (prorated for part- timers) of the maximum of the range shall receive an increase in base pay up to the maximum of the range and shall receive the difference between that amount and the established lump sum payment in a lump sum payment. Any anniversary increases or lump sum increases after the expiration of this Agreement shall be subject to collective bargaining. 33.2 For fiscal year FY 2013/2014, bargaining unit employees will receive a 3% cost of living increase effective the first full pay period in October 2013. For fiscal year FY 2014/2015, bargaining unit employees will receive a 2.5% cost of living increase effective the first full pay period in October 2014, or the same increase as non-union employees under the County Administrator's purview for fiscal year FY 2014/2015 if greater than 2.5%. For fiscal year FY 2015/2016, bargaining unit employees will receive a 3.5% cost of living increase effective the first full pay period in October 2015, or the same increase as employees under the County Administrator's purview for fiscal year FY 2015/2016 if greater than 3.5%. Any cost-of-living increases after the expiration of this Agreement shall be subject to collective bargaining. 33.3 For the life of this Agreement the promotion probation pay increase shall be 5%. 33.4 Full-time employees who actually work established full-time shifts (8 hours, 10 hours, etc.) that start at or after 1:00 p.m. or before 4:00 a.m. will be eligible for shift differential at a rate of 5% of the regular hourly rate for the shift worked. Any shift beginning between 4:00 a.m. and 1:00 p.m. is excluded. Shift differential is automatically added to the regular hourly rate for the purpose of computing overtime pay. Any employees receiving shift differential, whose established shift is outside the stated guidelines, will no longer receive it. 48 CONSENT AGENDA INDIAN RIVER COUNTY U � OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 6, 2015 TO: Board of County Commissioners THROUGH: Joseph A. Baird, County Administrato Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manag SUBJECT: Approval of Customer Service Agreement with UniFirst BACKGROUND: The County's existing agreement for the rental of uniforms and other supplies with Aramark Uniform Services expires on September 30, 2015, with no renewals available. Aramark has been providing rental services to the County since 1995; for the first five years by piggyback of a Palm Beach County contract, and the following 15 years by award of three County-issued annual bids (on two of those bids, Aramark was the only submitting vendor). The expiring award was made on September 14, 2010 for an initial two-year term with options for three one-year renewals, which were all executed. The level of service received from Aramark has declined, especially within the last year of the contract, to the level that we would choose not to renew, were an option to do so available. Annual expenditures with Aramark have been more than $49,000 annually for the first four years of the current contract, and are projected to meet or exceed that amount for this year. Currently, nine departments and a total of 299 employees utilize the uniform rental services contract. The County belongs to several cooperative purchasing groups, which enable us to contract for goods and services at a reduced rate without the time and cost of developing, releasing, evaluating and awarding our own bid.These cooperative contracts(also referred to as piggyback contracts) are designed to establish pricing for a much broader spectrum of goods than typically requested in local bids, providing many more options for using agencies and departments. These agreements also most often offer more competitive pricing than local bids. ANALYSIS: Staff has reviewed two cooperative contracts for uniform rental, and has determined UniFirst's agreement through the National Joint Powers Alliance (NJPA) to be the most beneficial to the County. The agreement offers hundreds of uniform options, both for rental and purchase, and at the lowest annual cost of the two cooperative contracts. Approval of this agreement will enable each department to work with the vendor to determine what types of garments are most appropriate for their staff and budgets, and then rent them at the defined price. As an example, high-visibility shirts could be selected for employees who routinely work near rights-of-way, 49 CONSENT AGENDA eliminating the need to purchase and enforce the wear of safety vests for those employees. These high-visibility garments may also be more comfortable than multiple layers of garments. The NJPA Agreement with UniFirst also offers us significant savings on embroidered polo and other lightweight shirts currently purchased through other sources. Savings on some items are as much as 50%. Of five local municipalities that have gone out to bid for uniform rental services in the past 18 months, for two municipalities UniFirst was the only vendor to respond, and in the three others, UniFirst was the lowest bidder of two. The pricing submitted by UniFirst on these local solicitations is relatively consistent with that offered under the NJPA contract. Should we go out to bid, it is likely we would arrive at similar pricing to the NJPA contract, and with this vendor as the lowest, most responsive and responsible, or sole bidder. UniFirst is servicing-many other local agencies, including the Cities of Vero Beach and Sebastian, and the Indian River County School District. All three have expressed satisfaction with the service provided by UniFirst. Utilizing the NJPA agreement will offer what we anticipate to be the lowest price for quality uniform rental service. The term of the agreement will be five years with the option of five one-year renewals. FUNDING: The agreement will represent an approximate $0.06 decrease in the weekly rental rate per employee for basic uniforms (the current rate with Aramark, in effect since October 1, 2010, is $3.24, and the price for like uniforms under the NJPA agreement with UniFirst is $3.18, for a decrease of 2%). Each department has its own funding account for uniforms, and would select the types and styles of uniforms most appropriate for its staff and within its budget. An overall increase in uniform funding for FY 15/16 has been requested, enabling consideration of more protective and/or appropriate options,which may be more expensive than the basic uniforms currently worn. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached Customer Agreement and Addendum with UniFirst Corp., and authorize the Chairman to execute said Addendum after the County Attorney has approved it as to content and legal sufficiency and after receipt and approval of UniFirst's insurance by Risk Management. ATTACHMENTS: Customer Service Agreement and First Addendum Indian River Co AppAW Date APPROVED AGENDA ITEM: Admin J / Legal n Budgetie By: /[y/ Utilities hof. ') 3 General Services seph Baird, County Administrator Public Works Emergency Services r: JuIV 14, 2015 Risk Mana er 7 s 50 ADDENDUM TO A CUSTOMER SERVICE AGREEMENT(THE"BASE FORM")BY AND BETWEEN UNIFIRST CORPORATION,A FLORIDA CORPORATION,("UniFirst")AND INDIAN RIVER COUNTY,A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA(THE"Customer") THIS ADDENDUM is executed as of the _ day of . 2015, and is made part of the Customer Service Agreement (the Base Form and this Addendum are collectively referred to as the "Agreement")to which it is attached. ADDITIONAL AGREEMENT TERMS AND CONDITIONS General.Customer is a member of the National Joint Powers Alliance ("NJPA").Customer enters into this Agreement to obtain the services described in NJPA's Request for Proposal #012111, to include all attachments,addenda and UniFirst's response thereto(collectively,the"RFP"),which are,collectively, by this reference made a part of this Agreement. The additional Agreement terms and conditions stated in this Addendum are added pursuant to Section 8.3 of the RFP. The second sentence of Requirements Supplied shall be stricken and replaced as follows: Additional Merchandise requested by Customer, in writing,or requested verbally and confirmed in writing,will also be covered by this Agreement. The following sentence shall be added to the end of Requirements Supplied: The Customer may order, rent, lease, purchase,obtain,or otherwise acquire Merchandise from any other source or supplier. The first sentence, second paragraph under Performance Guarantee shall be stricken and replaced to read: During the initial term or any renewal term of the Agreement, Customer's right to terminate the Agreement for UniFirst's deficient service and/or quality of merchandise shall be conditioned upon the following: The second sentence of Term and Renewal shall be stricken and replaced as follows:This Agreement may be renewed for up to five additional 12 month periods upon written notice by the Customer and written acceptance by UniFirst made at least 90 days prior to the expiration date of the initial term or the renewal term,whichever is applicable. The second and third paragraphs of Prices and Payments shall be stricken and replaced as follows: All payments shall be made to UniFirst by the Customer in accordance with the Local Government Prompt Payment Act,Section 218.70, Florida Statutes,et seq. DEFE Charge shall be stricken in its entirety. The last sentence of the second Merchandise paragraph is deleted in its entirety ("Customer agrees to indemnify..."). The second sentence of the third Merchandise paragraph is deleted in its entirety ("UniFirst assumes no liability..."). Page 1 of 4 51 The last paragraph of Merchandise shall be stricken and replaced as follows: As a condition to the termination of this Agreement, for whatever reason, Customer will return to UniFirst all standard Merchandise in good and usable condition within 60 days, or pay for same at the replacement charges then in effect. Obligations and Remedies shall be stricken and replaced as follows: Governing Law;Venue and Attorney's Fees. 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. 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. The second sentence of Miscellaneous shall be stricken and replaced as follows: UniFirst may not assign this Agreement without the prior written consent of Customer. The sixth sentence of Miscellaneous shall be stricken and replaced as follows; In the event any portion of this Agreement is held by a court of competent jurisdiction to be unenforceable,the balance will remain in effect. Additional Terms and Conditions.The following additional terms and conditions are made part of the Agreement: Availability of Funds: The obligations of the Customer 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. Insurance: UniFirst shall procure and maintain,for the duration of this Agreement, the minimum insurance coverage as set forth herein 1. Workers'Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $100,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. 2. General Liability:A per occurrence form policy with a combined single limit of not less than $1,000,000 general aggregate. 3. Business Automobile Liability:Coverage shall include Owned vehicles and Hired/Non-Owned vehicles,for a combined single limit(bodily injury and property damage)of not less than $1,000,000/combined single limit(Bodily Injury/Property Damage); personal injury protection--statutory limits; $100,000 uninsured/underinsured motorist; $100,000/hired/non-owned auto liability. Page 2 of 4 52 UniFirst's insurance coverage shall be primary.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. The insurance policies procured shall be occurrence forms, not claims made policies. A certificate of insurance shall be provided to the Customer's Risk Manager for review and approval,ten (10)days prior to commencement of any work under this Agreement. The Customer shall be named as an additional insured on all policies except workers'compensation and professional liability.The insurance companies selected shall send written verification to the Customer's Risk Manager that they will provide 30 days prior written notice to the Customer's Risk Manager of its intent to cancel or modify any required policies of insurance. Indemnity: UniFirst shall indemnify and hold harmless the Customer,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 UniFirst and other persons employed or utilized by the UniFirst in the performance of this Agreement. Independent Contractor: It is specifically understood and acknowledged by the parties hereto that the UniFirst and its employees are in no way to be considered employees of the Customer, but are independent contractors performing solely under the terms of the Agreement and not otherwise. Public Records:Customer is a public agency subject to Chapter 119, Florida Statutes. UniFirst shall comply with Florida's Public Records Law. Specifically,the UniFirst shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the Customer in order to perform the service. 2. Provide the public with access to public records on the same terms and conditions that the Customer would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer,at no cost,to the Customer all public records in possession of UniFirst 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 Customer in a format that is compatible with the information technology systems of the Customer. S. Failure of UniFirst to comply with these requirements shall be a material breach of this Agreement. UniFirst shall comply with the provisions of Chapter 119, Florida Statutes(Public Records Law) in connection with this Agreement. Equal Opportunity: No person shall be excluded from participation in,denied the benefits of,or otherwise subjected to discrimination in regard to the Services to be performed by UniFirst under this Agreement. UniFirst does hereby covenant and agree that in connection with the furnishing of Services to the Customer,it shall not discriminate on the basis of race, color or national origin, sex,sexual orientation,gender identity, age and/or disability.Through the course of providing the Services to the Page 3 of 4 53 Customer, UniFirst shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964,the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations,guidelines and standards. IN WITNESS WHEREOF,the parties hereto have executed this Addendum as of the Effective Date. Customer: UniFirst: INDIAN RIVER COUNTY UniFirst Corporation By: By: Wesley S. Davis, Chairman, Board of County Commissioners Title: By: Joseph A. Baird,County Administrator Printed Name: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (CORPORATE SEAL) By: Dylan Reingold,County Attorney Attest: (Attach evidence of authority to sign) Jeffrey R.Smith,Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Designated Representative: Name: Jennifer Hyde Name: Title: Purchasing Manager Title: 1800 27"'Street Address: Vero Beach, FL 32960 (772)226-1575 Phone: jhyde@ircgov.com Email: Page 4 of 4 54 June 8, 2015 Uniform proposal for kf , s Indian River County Fort Pierce FI 'UNFrst: Item :, = Total` Weekly''. Unit Weekly;: Loss: Code ' DedCri Irven Q ,Rate . Total: ;:{). 0202 65/35 Work Shirt LS/SS 11 5 $ 0.11 $ 1.21 $ 7.83 1002 65/35 Work Pant 11 5 $ 0.19 $ 2.09 $ 12.73 0101 100%Cotton Work Shirt LS 11 5 $ 0.22 $ 2.42 $ 12.30 1001 100%Cotton Work Pant 11 5 $ 0.28 $ 3.08 $ 15.48 0636 Poplin Executive Dress Shirt SS 11 5 $ 0.17 $ 1.87 $ 11.87 0820 Poplin Executive Dress Shirt LS 11 5 $ 0.20 $ 2.20 $ 13.36 1122 65/35 Executive Pleated Pant 11 5 $ 0.22 $ 2.42 $ 14.61 06DH ANSI 3 High Vis Work Shirt SS 11 5 $ 0.41 $ 4.51 $ 38.00 09DH ANSI 3 High Vis Work Shirt LS 11 5 $ 0.44 $ 4.84 $ 41.00 06AH ANSI 2 High Vis Work Shirt SS 11 5 $ 0.32 $ 3.52 $ 28.64 09AH IANSI 2 High Vis Work Shirt LS 11 5 $ 0.34 $ 3.74 $ 31.12 09FT Armorex Ultrasoft by Westex FR Shirt 11 5 $ 0.28 $ 3.08 $ 31.17 10FT Armorex Ultrasoft by Westex FR Pant 11 5 $ 0.31 $ 3.41 $ 35.10 04MM Sport Tek Polo M/F 11 5 $ 0.17 $ 1.871 $ 12.10 1091 Classic Fit Jean 11 5 $ 0.25 $ 2.75 $ 13.77 101-11) Relaxed Fit Jean 11 5 $ 0.29 $ 3.19 $ 16.33 2525 Shop Coat 11 5 $ 0.27 $ 2.97 $ 18.42 1034 65/35 Work Short 11 5 $ 0.15 $ 1.65 $ 9.95 76AQ 3x5 HD Great Impression Mat 2 1 $ 1.22 $ 1.22 $ 31.37 76AR 46 HD Great Impression Mat 2 1 $ 1.96 $ 1.96 $ 48.27 76AQ 3x10 HD Great Impression Mat 2 1 $ 2.45 $ 2.45 $ 63.35 5388 Scrapper Mat 3x5 2 1 $ 1.22 $ 1.22 $ 40.55 5389 Scrapper Mat 46 2 1 $ 1.96 $ 1.96 $ 65.33 8023 Shop Towels 2 1 $ 0.05 $ 0.05 $ 0.25 IShop Towel Replacement 2%of INV. 2 1 $ 0.25 $ 0.50 55 EXHIBIT A WIMMCustomer Service Agreement COMPANY NAME(CuNtanur) LOC"NO. ADDRESS POUTE NO DATE ! I PHONE EIC/NAtC3"— ----- The undersigned(the"CUSTOMER')orders from UniFirst Corporation and/or UniFirst Holdings, L.P. d.b.a. UniFirst andlor UniFirst Canada LTD. ("UNIF1RST)the rental service(s)at the prices and upon the conditions outlined: MERCHANDISE SERVICED "ITEM OESCFtlPInoN'' :•NO.OF,PERSONsr`" TOTAL NO:DF.: PRICE PER ' .'9TANOARO/ TOTAL TOTAL - . ISSUE PER PERSON CHANGES/PIECEa . 'CHANGE/FIECE NON-STANDARD-,FULL saRvicc vAL•U-LCASE" i -- Out-sizoo of othaiwiso standard Merchandise are deemed to be non-standard Merehandlsa. Merchandise which is Val-U-1-eased is not cleaned by UniFirst. AINOIfNT,. - •. �FIAFIGE• - AMOUNT..- Garment preparation per piece Non-stock sizes per pieco Name emblem per piece Special Cute per piece Company embierrt per piece Restock/Exchange per place Embroidery' Auto.Wiper Replacement Wearer name per piece Auto.Union Replacement Company name per place Garment Maintenance Program DEFE(SEE DESCRIPTION ON REVERSE SIDE) COMMENTS NewAccoirtt''• UiNWon 6tfsUltg , Minimum _ 'QtT ' C. .O.woeky servI66 shPaymonAppidved Ca Approved charge CUSTOMER sprees to maw payments waMn 90 days of The undersigned Ogees to so terms on the reverse and anosts No hew the Invoice nweipt.A Into charge of 1%%per month 119%annum)Ior any amount eudioray,to exeeuto for the named CUSTOMER.and to epprow use of cry In srrssro nW be applied. pemonssxotion Including logos of brand klend"s-that has been requested. SALES REP: BY: Dan ACCEPTED`:�e'oeson Maaegor Oat. Nal"—d Tuve 'Chago statue contingorR upon conlimft credit worlhinass and nay be revoked at UNIFIRSTs Ciscretion. I This Aureemern its emOctive only upon accopignee by UrtlFust Location Manager. CORPORATE OFFICE COPY I—r+usP A—0—607 a...001 56 July 7 2015 ?� s: St Uniform proposal for , Indian River County Fort Pierce FI UNFist ::`:'?;Item Total,, Weekly- Unit Weekly toss: .:Code' Dbsc[i ntn Gt A&W, Tdtal Da 0202 65/35 Work Shirt LS/SS 11 5 $ 0.11 $ 1.21 $ 7.83 0436 65/35 Work Shirt Womens LS/SS 11 5 $ 0.12 $ 1.32 $ 8.27 1002 65/35 Work Pant 11 5 $ 0.19 $ 2.09 $ 12.73 10AI 65/35 Caro Pant 11 5 $ 0.24 $ 2.64 $ 15.91 1271 65/35 Cargo Short 11 5 $ 0.22 $ 2.42 $ 14.89 0201 100% Cotton Work Shirt SS 11 5 $ 0.21 $ 2.31 $ 11.69 0101 100% Cotton Work Shirt LS 11 5 $ 0.22 $ 2.42 $ 12.30 1001 100% Cotton Work Pant 11 5 $ 0.28 $ 3.08 $ 15.48 1138 65/35 Men's Flexwaist Pant 11 5 $ 0.18 $ 1.98 $ 12.27 1128 65/35 Womens Work Pant 11 5 $ 0.22 $ 2.42 $ 14.79 1167 65/35 Womens Flex Waist Pant 11 5 $ 0.21 $ 2.31 $ 14.43 1113 65/35 Womens Pleated Pant 11 5 $ 0.24 $ 2.64 $ 16.19 114D 65/35 Womens Work Short 11 5 $ 0.18 $ 1.98 $ 12.39 1125 65/35 Womens Pleated Short 11 5 $ 0.25 $ 2.75 $ 16.87 10A4 65/35 Womens Caro Pant 11 5 $ 0.26 $ 2.86 $ 17.47 10A9 65/35 Womens Caro Short 11 5 $ 0.22 $ 2.42 $ 15.13 0636 Poplin Executive Dress Shirt SS 11 5 $ 0.17 $ 1.87 $ 11.87 0820 Poplin Executive Dress Shirt LS 11 5 $ 0.20 $ 2.20 $ 13.36 1122 65/35 Executive Pleated Pant 11 5 $ 0.22 $ 2.42 $ 14.61 06DH ANSI 3 High Vis Work Shirt SS 11 5 $ 0.41 $ 4.51 $ 38.00 09DH ANSI 3 High Vis Work Shirt LS 11 5 $ 0.44 $ 4.84 $ 41.00 06AH ANSI 2 High Vis Work Shirt SS 11 5 $ 0.32 $ 3.52 $ 28.64 09AH ANSI 2 High Vis Work Shirt LS 11 5 $ 0.34 $ 3.74 $ 31.12 09FT Armorex Ultrasoft by Westex FR Shirt 11 5 $ 0.28 $ 3.08 $ 31.17 1OFT Armorex Ultrasoft by Westex FR Pant 11 5 $ 0.31 $ 3.41 $ 35.10 04MM Sport Tek Polo M/F 11 5 $ 0.17 $ 1.87 $ 12.10 1091 Classic Fit Jean 11 5 $ 0.25 $ 2.75 $ 13.77 57 10HD Relaxed Fit Jean 11 5 $ 0.29 $ 3.19 $ 16.33 2525 Sho Coat 11 5 $ 0.27 $ 2.97 $ 18.42 1034 65/35 Work Short 11 5 $ 0.15 $ 1.65 $ 9.95 76AQ 3x5 HD Great Impression Mat 2 1 $ 1.22 $ 1.22 $ 31.37 76AR 4x6 HD Great Impression Mat 2 1 $ 1.96 $ 1.96 $ 48.27 76AU 3x10 HD Great Impression Mat 2 1 $ 2.45 $ 2.45 $ 63.35 5388 Scrapper Mat 3x5 2 1 $ 1.22 $ 1.22 $ 40.55 5389 Scrapper Mat 4x6 2 1 $ 1.96 $ 1.96 $ 65.33 8023 Sho Towels 2 1 $ 0.05 $ 0.05 $ 0.25 Sho Towel Replacement 2%of INV. 2 1 $ 0.25 $ 0.50 - ','�`-'}S a' �;i1 s-:a'�e ';�i'.;•,lr�:..d- :`:;�'" vl#�:.<1ri^�.:oda. :,ua`q'" ':�.�>>.}'�.,"y�.r• yi'c:v{,•ra.t_;i;.sX•'�'•A;^?a, ;�: s;;3•it"2�b._ _"'•�. :?:', 3h: .."h,�r"-.".';�'"'T�r'>Y:::�.r.;S`"�•h7x �,.rs'e:L yyyy r.:... '#'..T�.^,3:�,st'�` i, �4 y`S.,y.,.. '�s._ .. •.:. ,.�,- Thank you for the opportunity to earn your businessi 58 July 7, 2015 EM= Uniform Service Proposal for t j:rst Indian River County Fort Pierce FL NO minimum stop charge. No charges for premium sizes. No DEFE charges ONE TIME CHARGES FOR NEW EMPLOYEES EMBROIDERED COMPANY LOGO EMBLEM $ 1.35 INDIVIDUAL NAME EMBLEM $ 0.35 GARMENT SET-UP SERVICE CHARGE $ 0.50 These fees are waived for initial account set up Full Rental Services Include: > Sizing with Sample Garments to Ensure a Comfortable Fit. > Garments Inspected Weekly for Items in Need of Repair or Replacement. > Garments Repaired at No Additional Charge. > Worn Garments Replaced at No Replacement Charge. > Guaranteed 24-Hour Response to All Customer Service Inquiries. > Quarterly Customer Satisfaction Audits. > Written Service Promise. > No Hidden Charges. Thank you for the opportunity to eam your business! Unfirst Sales Manager Wayne T Pavia 561-859-9371 UniFirst Corporation Uniforms-Services-Solutions 59 EXHIBIT A (Continued) REQUIREMENTS SUPPLIED. The Customer orders from UntFirst Corp.(together with its subsidiaries,'UniFirst')rental and related services for all of Customers requirements for garments and other items('Merchandise)of the type listed on the reverse,at the prices and upon the terms and conditions outlined Additional Merchandise requested by Customer,verbally or in writing,will also be covered by this Agreement. All rental Merchandise supplied to Customer remains the property of UniFirst. Customer warrants that it is not subiect to,and that this Agreement does not interfere or conflict with,any existing agreement for the supply of the Merchandise or services covered. PERFORMANCE GUARANTEE. UNIFIRST GUARANTEES TO DELIVER HIGH QUALITY SERVICE AT ALL TIMES. All items of Merchandise cleaned.finished,inspected,repaired and delivered by UniFirst will meet or exceed its quality standards,or non-conforming items will be replaced by the next scheduled delivery day at no cost to Customer. Items of rental Merchandise requiring repiacemerl due to normal wear and tear will be replaced at no cost to Customer,save for any applicable personalization and set-up charges. Customer expressly waives the right to terminate this Agreement during the Initial term or any extension thereof for deficiencies in services and/or quality of Merchandise unless:(1)complaints are first made in writing to UniFirst which set forth the precise nature of any deficiencies:(2)UniFirst is afforded at least sixty(60)days to correct any deficiencies complained of,and(3)UniFirst tags to correct those deficiencies complained of within sixty(60)days. In the event Customer complies with the foregoing and UniFirst tags to correct such deficiencies,Customer may terminate this Agreement by written notice to UnlFlrst;providing that all previous balances due UniFirst have been paid in full and that all other conditions to terminate have been satisfied. Any delay or interruption of the service provided for this Agreement,by reason of ads of God,fires,explosions,strikes or other industrial disturbances or any other cause not within the control of UniFirst,shall not be deemed a breach or violation of this Agreement. TERM AND RENEWAL. This agreement is effective when signed by both the Customer and UnlFirst Location Manager and continues in effect for 60 months (260 revenue weeks) after installation of Merchandise (for new customers) or of any renewal date. This Agreement will be renewed automatically and continuously for multiple successive 60 month periods unless Customer or Un1Fkst gives written notice of non-renewal to the other at least 90 days prior to the next expiration dale. PRICES AND PAYMENTS. All charges are based upon the total Merchandise covered by this Agreement and may change as the mount of such Merchandise is Increased or decreased. Customer agrees to pay the additional service-related Burges listed on the front of this Agreement. Charges relating to an individual leaving the Customer's employ can be ternmated by giving notice to UniFirst and by returning or paying for any Merchandise issued to that individual. Any Merchandise payments required,pursuant to this Agreement,whit be at UniFlrsrs fist replacement price(s)then In effect. Each year,either upon the anniversary date of this Agreement or such other date as UnlFirat may determine appropriate,the prices then in effect will be increased by the greater of the annual percent increase In the Consumer Price Index—All Urban Consumers,Series ID:CUUR0000SAG,other goods and services or by 5%. Additional price increases and other charges may be imposed by separate written notice or by notation on Customers Invoice. Customer may, however,decline such additional increases or charges by notiykhg UniFirst in writing within ten days after receipt of such notice or notation. Pries are based on fifty-two weeks of service per year. Customer agrees to pay all charges on receipt of invoice or,if a pre-approved Burge customer, per standard terns. A late Burge of 1%%per month(10%per year)will be added to all amounts not paid within thirty days of invoice. t Customer falls to make timely payment,UniFirst may at any time and in its sob discretion,terminate this Agreement by giving written notice to Customer,whether of not UnlFirst has previously enforced Customers obligation to make tenet'payments Customer agrees to pay,and will pay,ail applicable sales,use, personal properly and other taxes and assessments arising out of this Agreement. Customer agrees to a minimum weekly service charge,as indicated. DEFE CHARGE. Customers invoices may include a DEFE CHARGE,that may very for different customer,to cover all or only portions of certain expenses including: D a DELIVERY,or expenses associated with the actual delivery of services and products to customers places of business, primarily Route Sales Representative commissions.management salaries,vehicle depreciation,equipment maintenance,Insurance,road use charges and local access fees. E = ENVIRONMENTAL, or expenses (past, present and future)UnlFirst absorbs related to wastewater testing, purification, effluent control, solids disposal,supplies and equipment for pollution controls and energy conservation and overall regulatory compliance. F a FUEL,or the gas,diesel fuel,oil and lubricant expenses associated with keeping UniFirst's fleet vehicles on the road and servicing its customers. E= ENERGY,primarily the natural gas UniFirst uses to run boilers and gas dryers,plus other local utlty charges. MERCHANDISE. Customer acknowledges that the Merchandise supplies is for general occupational use and,unless otherwise specified,affords no special wearer protections. Customer agrees to notify employees to that effect. If the Merchandise supplied is designated as flame resistant('FRI.lt is intended only to prevent the ignition and burning of fabric away from the point of high heat Impingement and to be self-extinguishing upon removal of the Ignition source. Flame resistant garments will not provide significant protection from bums In the Immediate area of high heat contact,due to thermal transfer through the fabric and/or destruction of the fabric in the area of such exposure. Flarrro resistant garments arc designed for continuous wear as a secondary level of protection. Primary protection Is still required for work activities where direct or significant exposure to heat or open flame Is likely to occur. Customer acknowledges that UnlFimt makes no representation,warranty or convent regarding the flame resistant characteristics of FR garments or their fitness or suitability for Customers intended use. UniFirst advises that only special FR emblems be used on FR garments. If the Merchandise supplies is visibility wear,it is intended to provide improved conspicuity of the wearer under daylight conditions and when illuminated by a light source of sutficlent candlepower at night. it Is Customers responsibility to determine the level of conspicuity needed by wearers under specific work conditions. Further,Customer agrees that the garments alone do not ensure conspicuity of the wearer and that additional safety precautions may be necessary The garments supplied satsly particular ANSUISEA standards only N so labeled. Customer acknowledges that UniFirst makes no representation,warranty or covenant regarding the visibility performance of garments or their suitability for Customer's intended use. Customer agrees to indemnty and hold herrmless UniFirst and its employees and agents from and against all clakms. injuries or damages to any person or property resulting from Customers or Customers employees use of the Merchandise,including without limitation all claims,injuries or damages arising from any alleged defects. 60 EXHIBIT A(Continued) Customer agrees to notify all employees who will be wearing either flame resistant garments or visibility gamnents that they are designed to provide only limited levels of protection and only under certain conditions. UniFirat assumes no liability for any injury,personal or otherwise, Customer agrees not to contaminate any Merchandise with asbestos,heavy metals,solvents,inks,or other hazardous or toxic substances('contaminants'). Customer agrees to pay UnIFlrst for all Merchandise that is lost,stolen,damaged or abused beyond repsir If any Merchandise supplied hereunder is Merchandise that UniF4rst normally does not stock(including styles, colors,saes or brands) or has been permanently personalized,(`Non-Standard Merchandise")then.upon the discontinuance of any service hereunder at any time for any reason,including expiration,termination,or cancellation of this Agreement,with or without cause,deletion of any Non-Standard Merchandise from Customers service program,or due to employee reductions(in each case a"Discontinuance of Service'),Customer will purchase at the time of such Discontinuance of Service all affected Non-Standard Merchandise items than in UnlFirst's inventory(n-service,shelf,as well as any manufacturer's supplies ordered for Customers use),paying for same the replacement charges then in effect. As a condition to the termination of this Agreement,for whatever reason,Customer will return to UniFirst all standard Marchand"In good and usable condition or pay for same at the replacement charges then in effect OBLIGATIONS AND REMEDIES. If Customer breaches or terminates this Agreement before the expiration date for any reason (other than for UniFirst's failure under the performance guarantee described above), Customer will pay UniFirst. as liquidated damages and not as a penalty(the parties acknowledging that actual damages would be cW#cut to calculate with reasonable certainty)an amount equal to 50 percent of the average weekly amounts Invoiced in preceding 26 weeks,multiplied by the number of weeks remaining in the current tern. These damages will be in addition to all other obligations or amounts owed by Customer to UmFnritt,including the return of Merchandise or the payment of replacement charges and the purchase of any non-standard merchandise items as set forth herein. Ali disputes of whatever kind between the Customer and UniFnrst based upon past present or future acts,whether known or unknown,and arising out of of relating to the negotiation,formation or performance of this Agreement shall be resolved exclusively by final and binding arbitration. The arbitration shag be conducted in the capital city of the state whets the Customer has its principal place of business(or some other location mutually agreed to by Customer and UniFimt)pursuant to the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the Federal Arbitration Act. The Customer acknowledges that,with respect to all such disputes,it has voluntarily and knowingly waived any right it may have to a jury trial or to participate in a class action or class litigation as a representative of any other persons or as a member of any cissa of persona or as a member of arty class of persons,or to consolidate Its claims with those of any other persons or cissa of persons. If this prohibitkm against cissa litigation is ruled to be unenforceable for any reason in any proceeding,then the prohibition against class litigation shall be void and of no force and effect in that proceeding. This paragraph Is governed by New York law(exclusive of choice of law). The arbitrators shag award to the substantially prevailing party,if any,as determined by the arbitrators,all o fiats costs and fees. 'Costs and fees'are defined as all reasonable pro-award expenses of the arbitration,including the arbitrators fees,administrative costs,travel expenses,out-of-pocket expenses,such as copying and telephone expenses,court costa,witness fees,and attorneys fees. MISCELLANEOUS. The parties agree that this Agreement represents the entire agreement between them. UniFkat may,in its sole discretion,assign this Agreement. Customer may not assign this Agreement without the prior written consent of UniFirst. Customer agrees that in the event it sells or transfers its business.g wig require the purchaser or transferee to assume all obligations and responsibilities under this Agreement. Neither party will be table for any Incidental,consequential,or punitive damages, In the event any portion of this Agreement is held by a court of competent jurisdiction or by a duly appointed arbitrator to be unenforceable,the balance will remain in effect. All written notices provided to UniFirst must be sent by certified mag to the attention of the Location Manager. In Texas and certain other locations,UniFirst's business is conducted by,and the term'UniFirst"as used herein, means UniFirst Holdings,Inc.dba UnWirst. 61 4 Consent • INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES ty� 4, Date: Date: July 6, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Gordon Sparks, P.E., Environmental Engineer, �FS Arjuna Weragoda, P.E., Capital Projects Manager Aw Subject: Final Payment to Tri-Sure Corporation for Construction of Vero Lakes Estates 12" Master Plan Water Main Extension on 107th Avenue—UCP#4106 DESCRIPTIONS AND CONDITIONS: On January 6, 2015 the Board of County Commissioners (BCC) awarded Bid No. 2015017 to Tri-Sure Corporation of Auburndale, Florida in an amount of$380,975.00 to construct a 12" water main on 107th Avenue in Vero Lake Estates. This is the continuation of a program begun in 2006 to expand transmission water main construction in Vero Lake Estates. Construction was begun on April 6, 2015 with a Contract time of 120 days and was complete as of June 30, 2015. ANALYSIS: Application for Payment Nos. 1 and 2 were previously processed and paid for a total amount of $327,549.08. Application for Payment No. 3 for$19,829.42 was received on July 1, 2015.The total cost of the project was therefore $347,378.50 or $33,596.50 less than approved for construction. The project is now complete, final clearance has been received from the FDEP for placement into service and as-built drawings are on file in the Department of Utility Services. FUNDING: Funding for the project is derived from the Capital 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. ACCOUNT NAME ACCOUNT NUMBER AMOUNT VLE 107th Ave. 12"Water Main Extension 472-169000-14507 $19,829.42 Page 1 of 2 62 RECOMMENDATION: Staff of the Department of Utilities Services recommends that the Board of County Commissioners approve Application for Payment No. 3 in the amount of $19,829.42 from Tri-Sure Corporation. Payment of $19,829.42 to Tri-Sure Corporation will release the retainage and any further obligation to the contractor by the County. ATTACHMENT(s): 1. Application for Payment No. 3 Final from Tri-Sure Corporation APPROVED FOR AGENDA: :By: ro Indian River Co. Approved Date 4Z Jose A. Baird, County Administrator Administration VI 7)#))S Legal r 90/L3*' Budget 4t Date" Utilities 17 1 Utilities-Finance I t7-'4-1 F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-WE 107th Avenue 12-inch Transmission Main Loop-UCP# 4106\Pay Applications\AO-Agenda for Final Pay to Tri-Sure.cloc 63 JUL 01 2015 APPLICATION FOR PAYMENT NO. 3 FINAL ii V To: Indian River County (OWNER) From: Tri-Sure Corporation (CONTRACTOR) Contract: IJCP4106 Project: 12"Transmission Water Main Extension on 107th Ave in Vero Lake Estates OWNER's Contract No.2015017 ENGINEER's Project No. For Work accomplished through the da of: 6/10111.. 1. Original Contract Price: $ 380,975.00 2. Net change by Change Orders and Written Amendments(+or $ 0.00 1 Current Contract Price(I plus 2): $ 380,975.00 4. Total completed and stored to date $ 347,378.50 5. Retainage(per Agreement): 0 %of completed Work: $ 347,378,50 Yo of retainage: Total Retainage: 0% $ 0.00 6. Total completed and stored to date less retainage(4 minus 5): $ 347.378.50 7. Less previous Application for Payments: s 327,549.08 8. DUE THIS APPLICATION(6 MINUS 7): $ 19,829.42 Accompanying Documentation: 11-1 CONTRACTOR'S Certification: 912,- The undersigned CONTRACTOR certifies that(1)title to all Work,materials and equiom ZnQrporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens,security interests and encumbrances;(2)all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (3) the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last progress payment has been used to make payments to all subcontractors,laborers,materialmen and suppliers except as listed below: Dated 6/30/15 f Tri-Surp&oration CONTRACTOR State of Florida Jason Chamars County of Folk Subscribed and sworn to bef PH 2 5me this 30th L"IE SHELFER day 91 Tune MY COMMSM#FF I2WO XPLRE6:Apo 16, 018 Notary Public My Commission expires: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated ENGINEER By: EJCDC No.C-700-E(2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction specification institute 00800-26 Attachment 1 64 FINAL RELEASE OF LIEN KNOW ALL MEN BYTHESE PRESENTS, that Tri-Sure Corporation (Company Name) The acceptance bythe CONTRACTOR of final payment ohoUbeondahaUopanateomara|amsetothe 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 ofthe work. For alli consideration of Three ucmu/en ol|ars (Total Amount ofContract) T�'SureCuryuru�oo paid to bvreceipt ofwhich imhereby acknowledged, (Contractor) do hereby release and quit claim twthe OWNER,its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever I which now have ormight have against the property, building, and/or U for any incidental expense for the construction cf %O16Ol7 _ (Project Number) 12"Transmission Water Main Extension oul07t6Ave tuVero Lake Estates ---------- (ProjectNmme) |NWITNESS WHEREOF | have hereunto set mnyhand and seal this 30th day of June ---__.2015 , Jason Chambers (SEAL) BY Title Secretary/Treasurer 008O0-29 65 WAIVER&RELEASE UPON FINAL PMT Page 1 of 1 UNCONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT (Section 713.20(5)Florida Statutes) This instrument Prepared by:KIMBERLY HORN Ferguson Enterprises Inc.,on its behalf and as an agent for its subsidiaries and affiliates Attn:Credit Dept 813-989-8778 7816 Professional Place Tampa FL 33637 00044*46743 The undersigned lienor,in consideration of the final payment in the amount of$10.00,hereby waives and releases its lien and right to claim a lien for labor,services or materials furnished to TRI-SURE CORPORATION(customer)on the job of INDIAN RIVER COUNTY BOCC(owner),to the following described property: 107TH AVENUE,VERO LAKE ESTATES,VERO BEACH,FLORIDA, 12 TRANSMISSION WATER MAIN EXTENSION,BID NUMBER 2015017,BOND NUMBER FLC 82873,INDIAN RIVER COUNTY,FLORIDA. DATED on JULY 1,2015 Ferguson Enterprises Inc.,on its behalf and as an agent for its subsidiaries and affiliates Attn:Credit Dept 813-989-8778 7816 Profession4l Place Tampa FL 3363 By: KIMBERLY O BRANCH M AGER Before me,personally appeared,KIMBERLY HORN,the BRANCH MANAGER of Ferguson Enterprises Inc.,on its behalf,who produced as identification or is personally known to me,and who did take an oath,and acknowledged to and before me that he/she executed this instrument or a purposes therein expressed on behalf of said entity,this I day of JULY,2015 J.MATTHEW gRIGGLE 2 r L Notary Public-stale of Florida :. A My Comm.Expires Sep 19,2017 Public;State of Florida Commisslon#FF 055751 y mmission Expires: goaded Ttaouo Ntdional Notary Assn. https://www.nacmtampa.com/webwiztwwiz.asp 7/1/2015 61 SCHEDULE OF VALUES Estimate 8 3 FINAL Contractor. Period ending: 6130115 Tri-Sure Corporation P.0.Box 653 Project: Indian River County-12"Transmission Water Main Extension Auburndale,FL 33823 107th Ave in Vero Lake Estates Work Completed Unk Quantity Unit Total Quantity Value Quantity Value Quantity Value item Desmon Price Previously Previously Completed completed Completed Complete Installed installed this period I title peric to date to date 1 Install 12"PVC Water Main LF 6500 29.00 188.500.00 6482 187,978.00 0 0.00 8482 187,978 2 Instal 12"HDPE Directional Bore Including LF 300 65.00 19,500.00 250 16,250.00 0 0.00 250 16,250 Fusion of W Adaptors and Pipe 3 Instal 12"NRS R t Seated Gate Valve and EA 12 1,700.00 20,400.00 12 20,400.00 0 0.00 12 20,400 OX 4 Instal 8"PVC Water Main LF 250 20.00 5,000.00 280 5,600.00 0 0.00 280 5,600 5 Instal 8"Resilient Seated Gate Valve and Box EA 15 1,500.00 22,500.00 15 22,500.00 0 0.00 15 22,500 6 Install New Fire Hydrant Assembly with 6"Gate FA 6 5,500.00 33,000.00 10 55,000.00 0 0.00 10 55,000 Valve and Box 7 Law Resixxotion(Topsoil and Sod)Includes LF 7050 1.50 10,575.00 2707 4,060.50 60 90.00 2767 4,150 Weltering 8 Public Construction Bond LS 1 13,500.00 13,500.00 1 13,500.00 0 0.00 1 13,500 9 Clearing in the Right-of-Way(Water Main Side Acre 1 18,000.00 18,000.00 0.25 4,500.00 0 0.00 0.25 4,500 Only)SuMcient to Instal Water Main 10 Mobilization'Demobilization,MOT(Do not LS 1 15,000.00 15,000.00 1 15,000.00 0 0.00 1 15,000 Exceed Amount Per Section 01025) 11 Southend Connection to Main LS 1 2,500.00 1 2,500.00 1 2,500 Total bid $345,975.00 :344,788.50 $2,590.00 $347,378. FORCE ACCOUNT $35,000.00 Totals #380,975.00 $344,788.50 $2,590.00 $347,378. Page 1 67 Consent Agenda item °i` i 'i INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 2, 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 No Subject: Waive the Bid-Process for North RO Panel Replacement DESCRIPTIONS AND CONDITIONS: On May 19, 2015, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 4 with Kimley-Horn and Associates, Inc. (KHA) to provide professional services for assessment, remediation, implementation bidding, and construction phase services for upgrades to the SCADA system at the South County Reverse Osmosis (SCRO) and North County Reverse Osmosis (NCRO) Water Treatment plants. Indian River County Department of Utility Services (IRCDUS) owns and operates two (2) regional potable water treatment facilities.The southern portion of Indian River County is served by the SCRO Water Treatment Plant which is rated for 8.57 million gallons per day (mgd). The NCRO Water Treatment Plant is rated for 11.44 mgd. Both water treatment plants are controlled and monitored by programmable logic controllers (PLC) and computer interfaces(HMI—Human Machine Interface)which make up the Supervisory Computer and Data Acquisition (SCADA) system. The SCADA system is crucial to the operation of the water system and the remote storage and pumping facilities. The current PLC systems at NCRO and SCRO plants are a mixture of various platforms of Allen-Bradley hardware: PLC5, MicroLogix(MLX),SLC and the newest ControlLogix (CLX). The assessment evaluation found the existing PLC5 hardware which comprises the majority of the hardware at both water plants to be antiquated. In addition to the corrosion in the panels, hardware replacements would be difficult and costly to acquire because the manufacturing and support of the PLC5 hardware has been discontinued by the vendor(Allen-Bradley). The evaluation confirmed what the Utility plant operators have voiced all along in that the existing system is slow to respond to commands, has poor communication, and does not allow any scalability for future growth or any changes to plant controls. The hardware is in dire need of replacement before it fails and is inoperable. 68 ANALYSIS: KHA has evaluated in detail the SCADA system and found that amongst other components the control panels at the NCRO plant need immediate attention. In order to keep NCRO running efficiently the corrective actions on the two panels are critical. Therefore, for the following reasons staff request BCC waive the bid process and permit IRCDUS request three (3) quotes from qualified vendors: • These panels control chemical feed and transfer pumps,which are critical to maintaining water quality to customers and pumping treated water to storage. When they fail, which they have done, the following occurs: ➢ Water production stops and the clearwell overflows. Treatment continues but no treated water makes it to storage. ➢ Water quality(pH, hardness,turbidity)suffers and inconsistent water quality is produced. ➢ Chlorine residual can be lost and the water is not properly disinfected,potentially creating non-compliance issues. ➢ Overdosing of chemicals can lead to high/low pH, bleached water, and turbid water, all resulting in out of compliance finish water. • The existing hardware is antiquated, no longer manufactured, and is no longer supported from a software perspective. • It is unreliable and cannot restart automatically when power is lost. This requires manpower to manually restart the systems while the clearwell can overflow and water quality is jeopardized. • Signals from these panels continue to vary wildly and are not reflective of what water quality is produced. Controlling feed rates of chemicals must be done manually and automation is non-existent. • Continued overflowing of the clearwell when the panel fails may cause structural damage to the clearwell,the critical component to treating and pumping water to storage. • Data is unreliable and has to be collected and input manually. • Parts are not available from the manufacturer, requiring third-party purchases which have recently been as much as$40,000, more than 5 times the cost of the newer ones. • The condition of these panels is worsening exponentially due to the corrosive conditions and many of the conductors, instruments, etc.are failing. KHA,anticipates to have the necessary specifications and details ready towards the end of July for requesting quotes from the qualified vendors. Furthermore,the Engineer's Opinion of Probable cost to range$80,000 to $100,000.00 for the corrective actions needed for the two(2) panels. FUNDING: Funding for the SCADA upgrades is available in the SCADA upgrades account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. ACCOUNT NO: Description Account Number Amount SCADA Upgrades 47123536-044699- $100,000.00 15504 69 F:\Utilfties\UTILITY-Engineering\WATER\Water Plant SCADA upgrades\Admin\Agenda-Waive Bid Process.docx RECOMMENDATION: Staff recommends the Board waive the Bid Process and authorize the Purchasing Division to issue a purchase order at a later date not to exceed amount of$100,000 for the two (2) panel's once three (3) quotes from qualified vendors to perform the corrective actions have been received. ATTACHMENT(s): APPROVED FOR AGENDA: By: h. &�24.a j tJosep A. Baird, County Administrator Fo ; Da e Indian River Co. Approved Date Administration l 9 Legal Budget Utilities I Utilities-Finance 70 F:\Utilities\UTILITY-Engineering\WATER\Water Plant SCADA upgrades\Admin\Agenda-Waive Bid Process.docx V,f, CONSENT AGENDA INDIAN RIVER COUNTY FLORIDA AGENDA ITEM ' ,rY OR1pA Office of Assistant County Administrator Department of General Services Date: June 29,2015 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator Thru: Michael C. Zito,Assistant County Administrator/ Department of General Services From: Mike Redstone, Recreation Manager Subject: Approval of State of Florida Special Olympics Aquatic Championship Meet Agreement for the Event to be held at North County Aquatic Center. BACKGROUND: The Indian River County Recreation Department will be hosting the State of Florida Special Olympics Aquatic Championship Meet at the North County Aquatic Center on October 3 and 4, 2015. This will be the 10th consecutive year the meet has been held here in Indian River County. This Special Olympics competition is a means to achieve physical fitness, self esteem, and life skills necessary to be productive, respected and contributing members of their communities. This two day event hosts over 300 athletes for both long and short course events. The event would not be possible without the contribution of over 400 volunteers from our community. Both the Indian River County Recreation Department and Special Olympics Florida, Inc. a Florida not-for- profit corporation desire to continue the agreement for the use of the North County Aquatic Center in 2016 and 2017. RECOMMENDATION: Staff recommends that the Board approve the Agreement between Indian River County and Special Olympics of Florida for use of the North County Aquatic Center and authorize Chairman to sign. ATTACHMENT(S): • Agreement between Special Olympics Florida, Inc. and Indian River County for Use of the North County Aquatics Center. Appro d Agenda Item Indian River Co. Approved Date BY: WAdministration Joseph A.Baird County Attorney County Administrator Budget Department Risk Management C:\Users\mredstone\Documents\Outlook Files\Memo—Special Olympic Meet in October 2015.doc 71 AGREEMENT BETWEEN SPECIAL OLYMPICS FLORIDA AND INDIAN RIVER COUNTY FOR USE OF THE NORTH COUNTY AQUATICS CENTER This Agreement dated this day of , 2015, between Special Olympics Florida, Inc., a Florida not for profit corporation, whose address is 1915 Don Wickham Road, Clermont, FL 34711 (Special Olympics) and INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose address is 1801 27th Street, Vero Beach, Florida 32960 (County) as of the date set forth below as the effective date (the effective date). WHEREAS, Indian River County owns and operates the North County Aquatics Center located at 9450 95th Street, Sebastian, Florida; and WHEREAS, Special Olympics Florida was founded in 1972, and provides year-round sports training and competition to over 18,000 children and adults with intellectual disabilities, at no cost to the athlete or their caregiver, and WHEREAS, Special Olympic competitions are a means to achieve physical fitness, self-esteem and the life skills necessary to be productive, respected and contributing members of their communities; and WHEREAS, Special Olympics holds an annual State Championship swim meet; and WHEREAS, for the past several years, Special Olympics has held the State Championship swim meet at the North County Aquatic Center; and WHEREAS, Special Olympics, the County, competitors and their families have been immensely satisfied with participation, volunteerism, location and quality of the swim meets and facilities at North County Aquatic Center; and WHEREAS, the parties desire to memorialize the agreement for use of the North County Aquatic Center for the mutual benefit of the parties, NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, the parties agree as follows: 1. The recitals set forth above are true and correct and incorporated by reference herein. 2. This Agreement shall encompass years 2016 and 2017. 3. The County agrees to reserve the North County Aquatic Center for the exclusive use of Special Olympics the first and, in case of inclement weather, the second weekends of October 2016 and October 2017 for use by Special 1 72 Olympics for their State Championship swim meet. The County shall also supply for the meet the following: A. Sufficient life guards and staff necessary for the safe and efficient operation of the pool during the swim meet. B. Provide for Indian River County Emergency Medical Services personnel to be on site during the meet and opening ceremonies. C. Sufficient bleachers as may safely fit at the Aquatic Center for athletes and spectators. D. A timing system for use during the swim meet. E. The County will coordinate the location of the opening ceremonies. 4. ' During the course of the swim meet, Special Olympics will provide the following: A. A score board operator and event announcer B. Swim meet officials C. Tents, tables and chairs sufficient for registration or other administrative duties necessitated by the swim meet D. Sound equipment need for the swim meet E. Signage and any awards given to the participants F. A DJ or announcer for the opening ceremony G. Food and water for athletes, coaches, staff and volunteers H. Special Olympics will be responsible for set up of the tent, tables and chairs their delivery and breakdown before and after the meet. The County will assist with location and set up. 5. Special Olympics will coordinate with the Treasure Coast Sports Commission to reserve hotel space for the athletes, parents and coaches. 6. Not less than 30 days prior to the swim meet, Special Olympics will supply proof of insurance to the County, attention Dave Smith. The coverage provided shall be as follows: Liability Insurance Company: The insurance company must have a rating by A.M. Best Company of at least A:V. Minimum dollar amount and types required: Five Million Dollars ($5,000,000) general liability and Five Hundred Thousand Dollars ($500,000) auto liability. The county shall be named as an additional insured on all required insurance. 7. In order to supply sufficient lifeguards and staff for the swim meet, Special Olympics shall provide the County with a good faith estimate of the number of participants 14 days in advance of the date of the opening ceremonies for the meet. 8. To help off-set the cost of swim meet, Special Olympics shall pay to the County the sum of $750.00 for 2016 and $750.00 for 2017 that the State Championship swim meet is held at the North County Aquatic Center. Payment 2 73 shall be made 30 days prior to the date of the opening ceremonies for that particular year. 9. If Special Olympics does not pay all fees and provide all necessary insurance certificates within the times specified herein, this Agreement shall be void. 10. Indemnifications and Waiver of Claims. Special Olympics assumes all risks and agrees to indemnify fully and save and hold harmless the County, its officers, employees, and agents, against all claims, damages, losses, judgments, liabilities, accidents or injuries to person(s) or property, and causes of action, including reasonable attorney's fees and court costs, arising out of, or caused directly or indirectly, by conduct, acts, omission, or negligence of any participants in the event, Special Olympics, its visitors, agents, and employees. The County, its officers, employees, and agents, shall not be liable for, and Special Olympics hereby releases all claims for, damages to, or loss of, personal property sustained by Special Olympics, its visitors, agents, and employees, or any person claiming by or through Special Olympics, resulting from any fire, accident, occurrence, theft, or condition in or upon the Facility or the North County Regional Park facilities of which it is a part, or of adjoining or contiguous property, facilities, or buildings, provided such are not due to the sole negligence of County, its officers, agents or employees. 11. Cancellation. This Agreement is subject to cancellation by either Special Olympics or the County, provided written notification is received by the non- canceling party 60 days prior to the opening ceremonies, without penalty or obligation on the part of the cancelling party. 12. Facility Unavailability Disclaimer. The County assumes no responsibility for circumstances that may require the closing of the facility due to conditions that would render it unfit for public usage due to inclement weather, state health department or other regulatory agencies' requirements. In the event of such occurrence, it is the responsibility of Special Olympics to obtain alternative facilities and the County would refund any fees for unused full days only (no partial day refunds), and thereupon the County shall have no further liability to Special Olympics. 13. Approval. The County Administrator shall have the final recommending authority on this Agreement. 14. Governing Law. The laws of the State of Florida shall govern this Agreement and any and all legal action instituted because of this Agreement shall be instituted in Indian River County for all court matters, and in the Southern District of Florida for all federal court matters. 3 74 15. Entirety of Agreement. This Agreement incorporates and includes all prior and emporaneous negotiations, correspondence, conversations, agreements, or understandings cable to the matters contained herein and the parties agree that there are no commitments, or understandings of any nature whatsoever concerning the subject matter of this Agreement that are not contained in this Agreement. No supplement, modification, or amendment to this Agreement will be binding unless signed in writing by the County and the Applicant. 16. Severability. In the event any of the provisions of this Agreement are deemed to be enforceability of the remaining provisions of this Agreement shall not be affected. IN WITNESS WHEREOF, the Board of County Commissioners and Special Olympics Florida, Inc. have caused this Agreement to be executed by their respective duly authorized officers. SPECIAL OLYMPICS BOARD OF COUNTYOMMISSIONERS FLORIDA, INC. INDIAN RIVER COUNTY, FLORIDA By: By: It . Wesley S. Davis, Chairman Date Signed: Cdatol Approved: ATTEST: Jeffrey R. Smith, Clerk Approved: And Comptroller By: .�LJA Deputy Clerk J eph A. Baird, County Administrator Approved as to form and legal sufficiency: I am K. DeBraal Deputy County Attorney 4 75 Consent Anenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Boar County Commissioners From: Jason E. Brown ( /� Director, Office of Man ge nt & Budget Date: July 8, 2015 Subject: Miscellaneous Budget Amendment 019 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. The State Housing Initiatives Partnership (SHIP) Program has processed more loans than anticipated. The attached entry appropriates $450,000 from SHIP-Cash Forward-Oct 1st. 2. On August 20, 2013, the Board of County Commissioners entered into a lease agreement with Indian River Lacrosse Association (IRLAX) for the use of the fields at South County Park. IRLAX is responsible for all maintenance of the fields and the electric costs. IRLAX had not anticipated the additional expense of the lighting system, and has asked the county for $15,000 to help ease the burden of the expense. The attached entry appropriates $15,000 from General Fund/Cash Forward-Oct 1st to be allocated to General Fund/Parks/Electric Service. This public private partnership has resulted in substantial savings in operating costs to the County after accounting for this expense. 3. On July 7, 2015, the Board of County Commissioners approved the 2015/16 State Funded Subgrant Agreement to update the IRC Hazards Analysis. The attached entry appropriates the grant amount of$3,944. 4. Employee retirements have resulted in salary and benefits exceeding the budget in several departments. The attached entry appropriates $20,000 from General Fund/Cash Forward-Oct 1 st and $55,025 from MSU/Cash Forward-Oct 1 st Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2014/2015 budget. Attachments Budget Amendment 019 and Resolution Indian River County Appr ve Date APPROVED AGENDA ITEM: Administrator / -I'-" - Legal BY: - Budget Jos hA. Baird County Administrator Department Risk FOR: June 16, 2015 Management 76 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 129.05(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 77 hibit "A" Resolution No.2015- Budget Office Approval: Budget Amendmenl 019 Jason E. own, Tdget Director Entry Fund/Depart ent/A ount Name Account Number Increase Decrease Number 1. Revenue SHIP/Cash Forward-Oct 1st 123089-389040 $450,000 $0 Expense SHIP/Purchase Assistance Loans 12322869-088060 $200,000 $0 SHIP/Rehab Loan-Owner Occupied 12322869-088070 $200,000 $0 SHIP/Loan Processing Fee 12322869-088960 $10,000 $0 SHIP/Impact Fee Loan New/Rehab 12322869-088040 $40,000 $0 2. Revenue General Fund/Cash Forward-Oct 1st 001039-389040 $12,000 $0 Expense General Fund/Parks/Electric 00121072-034310 $12,000 $0 3. Revenue General Fund/Hazardous Materials/EMP Grant 001033-334292 $3,944 $0 Expense General Fund/Emergency Management/Other 00120825-035290-06807 $3,944 $0 Operating Supplies/Hazmat Grant 4. Revenue General Fund/Cash Forward-Oct 1st 001039-389040 $20,000 $0 MSTU Fund/Cash Forward-Oct 1st 004039-389040 $55,025 $0 Expense General Fund/Office Mgmt&Budget/Salaries 00122919-011120 $17,000 $0 General Fund/Office Mgmt&Budget/Social Security 00122919-012110 $1,054 $0 General Fund/Office Mgmt&Budget/Retirement 00122919-012120 $1,696 $0 General Fund/Office Mgmt&Budget/Medicare 00122919-012170 $250 $0 MSTU Fund/Planning/Salaries 00420415-011120 $28,000 $0 MSTU Fund/Planning/Social Security 00420415-012110 $1,736 $0 78 Exhibit "A" Resolution No.2015- Budget Office Approval: Budget Amendment 019 — Jason E. Brow 1,Budget Dir --Entry Number Fund/Depa Account Name Account Number Increase Decrease MSTU Fund/PlanningfRetirement 00420415-012120 $1,858 $0 I MSTU Fund/Planning/Medicare 00420415-012170 $406 $0 MSTU Fund/County Planning/Salaries 00420515-011120 $20,000 $0 MSTU Fund/County Planning/Social Security 00420515-012110 $1,240 $0 MSTU Fund/County Planning/Retirement 00420515-012120 $1,485 $0 MSTU Fund/County Planning/Medicare 00420515-012170 $300 $0 79 INDIAN RIVER FLORIDA ��� COUNTY, �� �� MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E, Public Works Director THROUGH: Christopher j. Ka6erJr, P.E, County Engine FROM: Richard B.Szpyrka, P.E, Project Engineer SUBJECT: AWARD OF BID 87t Street and 911Avenue Sidewalk Improvements IRC Project No. 12OS, Bid No. 2015036 DATE: July 1,3D15 DESCRIPTION AND CONDITIONS On March 11, 2015, the Board of County Commissioners entered into a Local Agency Program (LAP) Agreement FM #431728'1-50/60-01 with the Florida Department of Transportation (FDCT) for the construction of 6-foot wide concrete sidewalks along the north right of way line of 87th Street from 101" Avenue toCR51Oand along the east right ofway line ofg1"Avenue from 791h �Street tp0Jn Street,including drainage improvements, svxaUegrading, pavement markings and sodding mfdisturbed areas\nVero Lake Estates. Also included in the grant amount are Construction, Engineering and Inspection (CEI)services. The bid opening for the project was held on May 20, 2015. Seven (7) bids were received and opened. A detailed bid tabulation ismnfile and available for viewing inthe County Engineering Division. Bid totals are as follows: Blue Goose Construction, LLC Ft. Pierce, Florida $1,013,267.71 Kerns Construction&Property Mgrmt. Inc. Ft. Pierce, Florida $1,004,854.00 Timothy Rose Contracting, Inc. Vero Beach, Florida $1,325,094.51 Douglas N. Higgins, Inc. Ann Arbor, Michigan $1°341,389'98 Sunshine Land Design, Inc. Stuart, Florida $1,465,010.41 * Johnson-Davis, Inc. Lantana, Florida $1,490,406.00 EngeconConstruction, Inc. Lake Worth, Florida $1,565,310.15 * *Denotes mathematical errors were found and bid amounts corrected. Blue Goose Construction, LLC., failed to submit a complete bid package by omitting the required Equal Opportunity Office form. In addition, per the Contract Documents, Instructions to Bidders Article 3, Qualification of Bidders: Article 3.01 A requires bidders to have °a1 least five years" experience in construction of similar projects of this size and larger.Article 3.01 B requires bidders to have"successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this projec1.°The projects listed by Blue Goose Construction,I.I.C.,include utility type improvements with no mention of sidewalk work thus it does not appear that they have successfully constructed at least three similar project as the prime CONTRACTOR. Therefore the next lowest bidder Kerns Construction & PropertyK4gnot. Inc. has been selected this project.TheFDCTTconcursvvbhthisoe|ec±imn. r �� �vx v^ 'wom `: � �o/wnmw�.mny'`�pxox'''n��/zo�'�rv,/^�,|.°um � * � y �'x� xL/o/,'xumcx�/v'|�ap^^um"xu:unu" PAGE TWO BCC Agenda Item for July 14' 3O15 Richard 8.Szpyrka, Project Engineer Kerns Construction&Property Mgmt.Inc.is considered to be the lowest,responsive,responsible bidder for the project with ebid totaling$1,084,854.00' The Purchasing Division has checked references for Kerns Construction&Property Mgmt.Inc.and determined that they have performed similar construction projects consistently, and |nasatisfactory manner. FUNDING The federal funds appropriated for this FD0T LAP grant are in the amount mf$1,211,453.00. Funding is budgeted and available from Optional Sales Tax Account No. 31521441-066510-15003,Vero Lake Estates Sidewalks, in the amount of$1,084,854.00. No matching funds are required for this grant. RECOMMENDATION Staff recommends awarding this hid to Kerns Construction & Property K4grnt. Inc. in the amount of $1,084,854.00 as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid. Staff further requests thatthe Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate ofInsurance and after the CmuntyAtorneyhas approved the agreement aotmform and legal sufficiency. ATTACHMENTS 1' Sample Agreement DISTRIBUTION 1. Daniel L. Muschweck,Vice President, Kerns Construction & Property Mgmt. Inc. 2. Scott Holmes,Vice President/General Manager, Blue Goose Construction, LLC APPROVED AGENDA ITEM Indian River County AppEff!jj:�, Date VIM FOR: July 14. 2015 Administration 71,11150 ABudget 7 lit Legal Purchasing f 4V Engineering /AV'00(" 81 /``mm.'W^m `� ^ mV|w|u.x/w/,DIVISION pxOx/.'/',` m/� |zo,'r" oke E,m,e^ w� sk'xnxyLo * mx� /»/ c �� /o'/xx�� ` dm"xuv""uo SECTION 00520 -Agreement(Public Works) TABLE OF CONTENTS Title _Page ARTICLE1 -WORK.................................................................................................................................2 ARTICLE2-THE PROJECT............................................................................----...................,..........,...2 ARTICLE3-ENGINEER..................................................................................I.........................................2 ARTICLE 4-CONTRACT TIMES....................................... .......................... ...............2 .............. ........... ARTICLE 5-CONTRACT PRICE............... ............... ........ .....................3 ........... ARTICLE 6-PAYMENT PROCED .............. 3 N1:4.% ARTICLE7-I"EMNIF1 ON.......... ......... .........................................................5 P ARTICLE 8-CONTRACTOR ......................................................................5 -A�4, ARTICLE9-CONiikAEf UMEN'.4S'­.t............................................................................................6 ARTI4,, ..'* 10-MISCEL- .. US... ... ................................................................................................7 MAIN,Q F THIS PAGE WAS LEFT BLANK INTENTIONALLY1 00520-Agreement(Public Works)FOR LAP PROJECTS ONLY 00520-1 82 F:%PublicWorks%ENGINEERING DIVISION PROJECTS%1205-Vero Lake Estates Swk-87th St-101st Ave to CR510(LAP)Vdmjm%aqqnda item=520-Agrearriers(Public Works)FOR LAP PROJECTS ONLY.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 I -WORK 1.01 CONTRACTOR shall complete all Work as: specified or`' i6ated in the Contract Documents. The Work is generally described a ""fo'llows: The project consists of constru ..*.S!widb,-�toncrete sidelW Wilong,the 4M F5"X.l liftea 0 _� north right of way line of 8rhStreet from.401"i Avd'"', t i-.510, and along the east right of way line of 91s'Avenue tree". 0 d in this from 79thl JV"- et t project will be drainage improvemep 6 .';vbradln ave e 4. ,0_ s waMVra M gs and sodding of disturbed areas. ARTICLE 2 -THE PROJE V, S M 2.01 The Project for whicli ndet*lhe ConMCI; Documents may be the whole or only a part is generally descri s P r611§t f", 871h S et and 91 Avenue Sidewalk Improvements CoulProjed ,.,Pi er- 2 j 6 County -N b r: Project res e and 91 Avenue, Indian River County, Florida. t F i n a n c i aa X9. 28-1-58-01 0. r ARTICLE i"=It 6WEER W. 3.01 The Indian i County Public Works Department is hereinafter called the ENGINEER and will act ams s representative, assume all duties and responsibilities, and have the rights anc '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)FOR LAP PROJECTS ONLY 00520-2 F:1PublicWork5TNGlNEERlNG MISION PROJECTS11205-Vero Lake Estates Swk-87th SL101st Ave to CR510(W)Wmiftapenda items=520-Agreement(Public 83 Works)FOR LAP PROJECTS ONLY.doc A. The Work will be substantially completed on or before the 150"' 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 1800 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',sense of this Agreement and that OWNER will suffer financial loss if the Work is riot,. completed within the times specified in paragraph 4.02 above, plus any extensions theit44,allovired in accordance with Article 12 of the General Conditions. Liquidated.damages will co . encs for this portion of �:;,a " . work. The parties also recognize the delays, expense, and difficulfies..involved in proving in a legal proceeding the actual loss suffered by OWNER if the Works not:di mpleted on time. Accordingly, instead of requirin such f, OWNER a'�.d, dNTRACTOR agree that as liquidated damages fo.1 4 t at xi natty), CONTRACTOR shall a OWNER $1.742.00 for each ca dar da t exNsh` fte � ' pay � time specked in paragraph 4.02 for Substantial �omple :,until t � ork t: ially complete. After Substantial Completion, if CO: 01 1't' r CTOR a I eglect, refusdj="or fail to complete the remaining Work within the Co '<Time Y proper extension thereof granted by OWNER, CONTRACTOR shall IaYt ER .00 for each calendar day that expires k•,S after the time specifi d in paragra _.4. # r com� `' 'on and readiness for final payment until the Work is and rea or a mere >.Y ARTICLE 5 -CONTRACT PRI ' 5.01 OWNER s CONTRA`eTOR for ' pletion of the Work in accordance with the Contract D `: n amok in current funds equal to the sum of the amounts determined pVuu,* toy f�fa�rap U1.A and summarized in paragraph 5.01.6, below: ''�'r'` ,1;.`x""`$3'-�`,. •..:>, A. `; or all Work, at te;praes state in CONTRACTOR's Bid, attached hereto as an exhibit. yX� B. THE;CONTICT SUM subject to additions and deductions provided in the Contract:: .,t •., Numerical Amount:'$ Written Amount: 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. 6.02 Progress Payments. 00520-Agreement(Public Works)FOR LAP PROJECTS ONLY 00520-3 g4 F%Public Works%ENGINEERING OMSION PROJECTS11205-Vero Lake Estates Swk-87th St 101st Ave to CR510(LAP)Wdmimlagenda items100520-Agreement(Public Works)FOR LAP PROJECTS ONLY.doc 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 a County as OWNER has expended fifty percent (50%) of the total cost pfffi,`e 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 Document"s :;;,'- 6.03 Pay Requests. A.Each request for a progress p "pient`sfi�l be '�uzbmitted onXthe application for payment form supplied by O i=R and lb' a1raf n for. rnent shall contain the CONTRACTOR'S certifica i� ; All press pay . II be on the basis of -: . progress of the work rrieiisured by.', die s. edule of vat'u established, or in the case of unit price wog"�' d ori e number of units completed. After fifty percent (50%) compl . and pursuant to Florida Statutes section 218.735(8)(d the CONT CTS. ,may s IN a pay request to the County as OWNER for4 0 one half �: ) o . ...rel 1i held by the County as OWNER, Wim- and the Coun �i- S`n NER s ` II pr ry make payment to the CONTRACTOR unless such a�a ,pnt A he ` bject }faa good faith dispute; the subject of a clai ursuant t�` rida3 section 255.05(2005); or otherwise the subject of or dema Eby the Iraty as OWNER or the CONTRACTOR. The CO ._y ackno? ges that where such retainage is attributable to the labor 'ervices�brnrpate ri :supplied by one or more subcontractors or suppliers, ;.. the Coit Ctor i all,,tim Iy remit payment of such retainage to those subcontrato ' ani' appliers. Pursuant to Florida Statutes section 218.735(8)(. 005), CONTRACTOR further acknowledges and agrees that: 1) : the',C unty `as OWNER shall receive immediate written notice of all decisions " : : • r 3 •.. � ma21 byCTOR to withhold retainage on any subcontractor at greater than five..per ent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld;,[etainage 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 other than claims in stated amounts as may be specifically excepted by the 00520-Agreement(Public Works)FOR LAP PROJECTS ONLY 00520-4 g5 F:%Publie Works%ENGINEERING DIVISION PROJECTS\1205-Vero Lake Estates Swk-87th St-101st Ave to CR510(tAP)Wdmimtagenda items100520-Agreement(Public Works)FOR LAP PROJECTS ONLY.doc 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.Documeks and the other related data identified in the Bidding:;iuments merits - Q'. B. CONTRACTOR has visited the Site',:'k''*, becom familia`4 and�'5s>satisfied as to the general, local, and Site conditions thatrr ay,:affect,dost, progress;> id performance of the Work. ?. - .: C. CONTRACTOR is familiar with aft J ig;'- i Lied as o all federal, state, and local Laws and Regulations that may affect cost, pr`" re and pelf`. ance of the Work. D. CONTRACTOR has Pref i( .studi+d;. all: fi 1) reports of explorations and tests of subsurface conditions afi nor u b the �e and all drawings of physical conditions in or relating:,to existing ace 4iurface structures at or contiguous to the Site (except Ute' ' and Faa whi Have been identified in the Supplementary Conditions as ,rfo°.:v. in par h 4.02 of the General Conditions and (2) reports and drarings of A��Hazaffl : nviro rental Condition, if any, at the Site which have been ,dintified in the,Supplee� : ' Conditions as provided in paragraph 4.06 of the General conditions. _: 4`: E. tyti. RAT R hag:;obtained and carefully studied (or assumes responsibility for having `: z >t:. Vis, do4:db) all ad ' ona(or supplementary examinations, investigations, explorations, tests, studies, and dat ponceming 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 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. 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. 00520-Agreement(Public Works)FOR LAP PROJECTS ONLY 00520-5 86 F:Wublic Works%ENGINEERING DIVISION PROJECTS\1205-Vero Lake Estates Swk$7th St-101st Ave to CR510(LAP)Wdmim%agenda itemst00520-Agreement(Public Works)FOR LAP PROJECTS ONLY.doc H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of ",work. ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 too J5205 tr lusive)y p �yw 2. Notice to Proceed (page 00550-1) 3. Public Construction Bond (pags. .0 = o<,.. 610-1 X�0610-3, inclusive); • ,a 4. Certificate of Liabi ity Insurance D06h . 5. Contractor's App' w# rPaym'it 01 to 00622-6) 6. Certifi of Substanti. omple oIT.,,1 630-1 to 00630-2) 7. Profess) or and er's Certification as to Elevations and Locationsil,the 0634-1! :$ General Condi : V, pages 700-1 to 00700-44, inclusive); ;Supleiraentary editions (pages 00800-1 to 00800-11, inclusive); 10. Specificationlisted in the table of contents of the Project Manual; 11. Drawings . . pi isting of a cover sheet and sheets numbered 1 through 67, inclusive, with each`sheet bearing the following general title: 87"' Street and 91St Avenue Sidewalk Improvements; 12. Addenda (numbers to , inclusive); 13. Appendices to this Agreement (enumerated as follows): Appendix A-Title VI Nondiscrimination Appendix B-Fertilizer Ordinances Appendix C-Federal Required Contract Provisions Appendix D-FHWA 1273 Appendix E - Permits 00520-Agreement(Public Works)FOR LAP PROJECTS ONLY 00520-6 87 F:%Public Works%ENGINEERING DIVISION PROJECTS\1205-Vero Lake Estates Swk-87th St-101st Ave to CR510(LAP)1Admimtagenda itemst00520-Agreement(Public Works)FOR LAP PROJECTS ONLY.doc 14. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive) 15. Bid Bond (pages 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), 16. List of Subcontractors (page 00458-1 inclusive); 17.Swom Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 18. Sworn Statement Under the Florida Trench Safety Act :{pages 00454-1 to 00454-2, inclusive) 19. 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; 4 c) Change Order(s). 20.Contractor's Final Certificat ,.dR the Word,,(page 00632-1 & 00632-2 of the Specifications) 21. USDOL Wage Det in' ion—F iil 0213 <. 6 . ARTICLE 10 - MISGELLANEOU14 10.01 Terms ` . s . A. ,T riiis used in Agre��ren twill have the meanings indicated in the General Conditions. 10.02 °Assignment of COMM& A. No ass1gnmefif %y a party hereto of any rights under or interests in the Contract will be binding on anot4 r party hereto without the written consent of the party sought to be bound; and, spelc#61ly but without limitation, moneys that may become due and moneys that are due., p not be assigned without such consent (except to the extent that the e. •,., effect of this°restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00520-Agreement(Public Works)FOR LAP PROJECTS ONLY 00520-7 88 F:1Public Works\ENGINEERING DIVISION PROJECTS\1205-Vero Lake Estates Swk-87th St-101st Ave to CR510(LAP)Wdmimlagenda demst00520-Agreement(Public Works)FOR LAP PROJECTS ONLY doc 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 otherWme arising out of this Contract shall be in Indian River County, Florida, or, in the evehtpf a federal jurisdiction, in the United States District Court for the Southern District of Florida."- [The remainder of this page was left6 kintentionallA,-, " . g 00520-Agreement(Public Works)FOR LAP PROJECTS ONLY 00520-8 89 F:Tublic,WorksWNGINEERING DIVISION PROJECTS%1205-Vero Lake Estates Swk-87th St101stAve to CR510(LAP)%dmim%agonda items100520-Agreement(Public Woks)FOR LAP PROJECTS ONLY.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. Ali portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 120 (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: ti SEAL)(CORPORATF�,` Joseph A. Baird, County Administrator .,-;Apest APPROVED AS TO FORM AND,, LEGA"P , SUFFICIENCY: By: Dylan Reingold, County,Attorney A*ss for giving notices: Jeffrey R. Smith, Clerk of Cou%? d 0*pq NT- License No. Attest: (Where applicable) D4 M" Clime i (SEAL);` Agent for service of process: Desigr!.#,pd1 RepresentatiV61.4 Name:` _ 0 -, q:­KafeQ'.r., P.E. Designated Representative: Is Is r.*,,'�'­--T - Title: Couft Name: 1801 27th Street Title: Vero Beach, Florida 3296.0, Address: (772)226-1221 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)FOR LAP PROJECTS ONLY 00520-9 90 F:%Public Works%ENGINEERING DIVISION PROJECTS%1205-Vero Lake Estates Swk-87th St101stAve to CR510(LAP)%AdmimXagonda itemsk00520-Agreement(Public Works)FOR LAP PROJECTS ONLY.doc INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Ov� TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Richard B. Szpyrka, P.E., County Engineer SUBJECT: Award of Bid No:2015039 Vero Lake Estates Asphalt Millings Project (Phase 11) IRC Project No, 1317 DATE: June 29, 2015 DESCRIPTION AND CONDITIONS On November 19, 2013,the Indian River County Commissioners approved a prioritized list of roadway improvements recommended by the Vero Lake Estates advisory group and authorized the expenditure of Vero Lake Estates MSBU funds for the design,permitting,and construction of said improvements. A prioritized list of roadway improvements was provided to the Public Works Department by the Vero Lake Estates Home Owner Association which divided this project into two phases. Phase I consisted of the following: 104th Avenue (87' Street to C.R. 512), 91-5t Street (104th Avenue to 100th Avenue) and 1071h Avenue (90th Street to 94th Street). Notice to Proceed for Phase I was issued on February 17, 2015 with an anticipated completion date in August,2015. Phase 11 of the project consists of the widening and placement of asphalt millings to the following streets in Vero Lake Estates:85th Street(96th Avenue to 911t Avenue),99th Court(77th Street to 79th Street), 100th Avenue(77th Street to 79th Street), 101st Avenue(77th Street to 79th Street), 102nd Avenue (77th Street to 83rd Street). This project will include drainage improvements, regrading of swales, clearing and grubbing, and replacement of grassed area within the project limits. The bid opening was held on June 3,2015,three(3)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 follows: Dickerson Florida Inc. Fort Pierce, Florida $658,734.65 *Timothy Rose Contracting, Inc. Vero Beach, Florida $1,022,919.29 OHL Community Asphalt Corporation Vero Beach, Florida $1,100,771.71 Denotes mathematical error was found and bid amount corrected. 91 FRublic WorWENGINEERING DIVISION FROACTSA317-85th St Milling_91st Ave to 101stAve\AdiniWagendaiteiTis\BCC Agenda Award of Bid.doc Page 2 Award of Bid—Vero Lake Estates Asphalt Millings Project (Phase 11) For July 14, 2015 BCC Meeting Dickerson Florida, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $658,734.65. Dickerson Florida, Inc. has completed various construction projects for the County and has consistently performed work in a satisfactory manner. FUNDING Funding for this project is budgeted and available from Account No. 18521441-035510,Road& Bridge Petition Paving Materials, Vero Lake Estates. RECOMMENDATION Staff recommends that the project be awarded to Dickerson Florida, Inc., in the amount of $658,734.65 and requests that the Board of County Commissioners approve the attached sample 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. ATTACHMENTS Sample Agreement DISTRIBUTION Dickerson Florida, Inc. Indian River County AppW-,d Date APPROVED AGENDA ITEM Administration Imi , Vf)V FOR July 14, 2015 Bud get (W- 7��r� legal Z BY Public Works Engineering C' Purchasing 92 F'Rublic WorksENGINEERING DIVISION PROJECTS`1317-85th St Milling91st Ave to 101st Ave',Admin\agenda itetnsWC Agenda Award of Bid.doc SECTION 00520 -Agreement(Public Works) TABLE OF CONTENTS Title Page ARTICLE1 -WORK.................................................................................................................................2 ARTICLE 2-THE PROJECT............................................................. .................................................2 ARTICLE3-ENGINEER...................................................................... ................................................2 ARTICLE 4-CONTRACT TIMES........................................ ................ ....................2 ................... ARTICLE 5-CONTRACT PRICE............... 4. .................. ............ ..............; ..............................3 v—, ARTICLE 6-PAYMENT PROCEDURES ............................................3 b 3 V 'A� t,,T 0 N........... .......5 ARTICLE 7-INDEMNIFIq .. ............. .................................. 5w.......... ARTICLE 8-CONTRACTOR P IONgt..................................................................5 ARTICLE9-CON CU ................................................................................... 6 V ARTICLE 10-MIS ......................................... ......................................................7 rTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY1 00520-Agreement(Public Works)Sample 93 00520-1 F Tubhc WorkskENGINEERING DiVISION PROJECTS11317-85th St Milling_91st Ave to 101st AveNAdmin%aganda items100520-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 I -WORK 1.01 CONTRACTOR shall complete all Work as,.. specified or 4-itidicated in the Contract Documents. The Work is generally described aiif6llows: widepin 9 and pia&dm— t f halt on o asp This project consists of the rpl"C, millings, to the following streets in Vero:take states d"tqp d in lndiliW River County, V11 Florida: 86m Street (96m Avenue to 91sf`AVVnue), grh Cod a-77m _Suet to 79h Street), 100th Avenue (77m Street to 7r '40 O!Al� 791h - 01* C "t (77m Sti4ei-pi Street), 1015' �4 _,eet) d Street to Wd Street). This project Avenue (77th Street to 7r Street) Aveh radin#Z-4AV�iwale clearing and grubbing, and will include drainage improvement S, replacement of grassed area within ARTICLE 2 -THE 2.01 The Project for which the r tt*-Contact Documents may be the whole or only a 1 part is gen*ally describe f 0110 ­",I�� ollo N*1' Proj&i 14alo _Uvero La ' states Asphalt Millings Project (Phase 11) Countj��F,,rojeaio",,ber: Bid Nudiber 201 Proje( "t tehlStilet, 99th Court, 100th'Avenue, 100th Court, 101St Avenue, Prone era Beach, Florida 102 Aven ARTICLE 3 ENGi Et 3.01 The Indian River.'Zounty Public Works Department is hereinafter called the ENGINEER and will act,a,s,,OAER's representative, assume all duties and responsibilities, and have �J- 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 94 00520-2 FAlublic WorksNENGINEERING DIVISION PROJECTS11317-85th St MillhR_91st Ave to 101st Ave\AdminNagenda iterns=UC-Agreement(Public Works)Sample.doc A. The Work will be substantially completed on or before the 1201 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 is-=not completed within the times specified in paragraph 4.02 above, plus any extensions th6rddf.,alI9Wbd in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of delays, ex. involved,iri work. The parties also recognize the de rise, and difficulties proving in a legal proceeding the actual loss suffered by6W'.NER if the Wd8eii"Js not,tbMplleted on CTOR time. Accordingly, instead of requiring �-such Ot,; f, OWNER 'Ahd.,RAGTOR 0 RA it agree that as liquidated damages forge .nota Cd shall pay OWNER $1,742.00 or each ci dar da rs aft! at ex P time specified in 'at paragraph 4.02 for Substantial Completi6n,until thteMorlk is`1i st M. complete. After Substantial Completion, ifCo ACT .neglect,glect, refut "or fail to complete the remaining Work within the C y Time ;, nyproper extension thereof granted by OWNER, CONTRACTOR shall R .00 for each calendar day that expires after the time specified in paragra 4 . r com, ion and readiness for final payment Al �A- until the Work is co m, ,for -paym M ARTICLE 5 -CONT P 'M ' 5.01 OWNER t,'j, CONT -'-'-.-T; R f" G ' M pletion of the Work in accordance with the Contract 1)4ffiq4�'.an amin cu nt funds equal to the sum of the amounts N puan 1. and summarized in paragraph 5.01.13, below. determined id P ra A.;;For all Work, at tl prices staff ! in ONTRACTOR's Bid, attached hereto as an exhibit. B. TH07E,CONI TCT SUM IR subject to additions and deductions provided in the Contract:: A Z- '�Q�i-'- 'k. Numerical kyll- nt.-I Written A 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. 6.02 Progress Payments. 00520-Agreement(Public Works)Sample 95 00520-3 F:M-ub4cWoft1ENG1NEER1NG DMSION PROJECTSX1317-85th St MilliqL_91st Ave to 1016tAveNAdMin%apnda 48MA00520-Agreenwd(PWiCW0*S)S8fnP1e.d0C 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. 6.03 Pay Requests. A.Each request for a progress pays ent:shall be\submitted ori�#jpefapplication for payment form supplied by OWNER"ata the appli:; tion for payment shall contain t. ta the CONTRACTOR S certificpn. All pr "fess payjpentsr�-be on the basis of progress of the work measured y the s dule of walestablished, or in the case of unit price w ase ot; ,the_ umber of ants` completed. After fifty percent (50%) com ` ,_ an c Via?,_"suant to Florida Statutes section 218.735(8)(d), the CONCR ma ~submit a pay request to the County as OWNER for up to one half/2)"`° >the reaage held by the County as OWNER, and the Co OWNER`'" all ` pmptly mke payment to the CONTRACTOR unless suc Mo. are tsub'1e.of a good faith dispute; the subject of a 4-- claim pursuan 'alo at CJs se 55.05(2005); or otherwise the subject of laim or ded b a" unty as OWNER or the CONTRACTOR. The C TOR ac 00 dgesv, 1 where such retainage is attributable to the Iabo se ". or mat "11a sup 11' by one or more subcontractors or suppliers, the ,., tra orhall ti .'ely remit payment of such retainage to those y.. subcontractors n" sup Tiers. Pursuant to Florida Statutes section >. � ) )� 218.735 c , DO D TRACTOR further acknowledges and agrees that: 1) r r the Count yOWNER'shall receive immediate written notice of all decisions o a CONTRACTOR to withhold retainage on any subcontractor at greater p�eient (5%) after fifty percent (50%) completion; and 2) CONTRA 01 swill not seek release from the County as OWNER of the withheld retainage until the final pay request. T.+ 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 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 00520-4 00520-Agreement(Public Works)Sample 96 FAPublie WorksWNGINEERING DIVISION PROJECTSN317-85th St Millis 91 sl Ave to 101st Ave%Adminlagenda items100520-Agreement(Public Works)Sample.doc 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 Bidding 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; ogress, and performance of the Work. "x C. CONTRACTOR is familiar wit aii d is sates. _, a �o all federal ite, and local Laws and Regulations that may affect cost`ap�fess, arae " 'rformance of the Work. Cti . +�'1 D. CONTRACTOR has carefully s .t fed' "I: (1) orts of explorations and tests of >: .a subsurface conditio <or contigu to e;,Site andgall drawings of physical conditions in or relating to ex s ce or=�N kbsurfWe ' tructures at or contiguous to the Site (except Undergrounc whi : haen identified in the Supplementary Conditions;as provided ink {agra4 wof the General Conditions and (2) reports and '64-m-,Y:.ia Y 3P. .. . .4. drawings o.# ardous v�conmeitaiihondition, if any, at the Site which have been 6t '$ Gn.�. . identified in Igmentary< onditions as provided in paragraph 4.06 of the General Conditions. E. bNTRACTOR Ise alned Za)d carefully studied (or assumes responsibility for having . done so) all additlgrl`or supplementary examinations, investigations, explorations, tests, to t,olCerning conditions (surface, subsurface, and Underground Facilities) at orr uousto t suite which may affect cost, progress, or performance of the Work or which relate Uc any aspect of the means, methods, techniques, sequences, and procedures of co struction to be employed by CONTRACTOR, including applying the specific mean' hods, techniques, sequences, and procedures of construction, if any, expressly req'iired 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. 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 00520-5 00520-Agreement(Public Works)Sample 97 F:1Pub4ic WorksIENGINEERING DIVISION PROJECTS\1317-85th St Milling_91 st Ave to 101st AWAftinlagenda demst00520-Agreement(Public Works)Sample.doc 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 indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9j,inclusive); 2. Notice to Proceed (page 00550-1) 3. Public Construction Bond (pages' 10-1 to 10-115blusive):,, 4. Sample Certificate of Liabiftipsurand6jpa fr 5. Contractor's Application for VOW tjpage" 22-1 to 00622-6 inclusive); 6. General Conditi .ages 007W-i td' usive); Vr`� . es 0 800 M 7. Supplementary Co & 00--11 -11, inclusive); WR 8. SpecifiU ,as listed ihnwDivisio eral Requirements) and Division 2 (Technical Wn d - Provision's ra ings consistinver'sheet and sheets numbered 1 through 30, inclusive, with each shit mea ng the=following general title: Vero Lake Estates Asphalt Millings ro a P a to inclusive); 11. Appendices t is Agreement(enumerated as follows): Appendix A- River County Fertilizer Ordinances 12. CONTRACTOR'S BID(pages 00310-1 to 00310-6, inclusive); 13. Bid Bond (page 00430-1 inclusive); 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); 00520-Agreement(Public Works)Sample 98 00520-6 F:1PubficWorks%ENG1NEER1NG DiVISION PROJECTS%1317-85thSt Milling_91st Ave to 101stAvMAdmin%agenda items=520-Agreement(Public Works)Sample,dx 16. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), 17. List of Subcontractors (page 00458-1 inclusive). 18. 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). 19. Contractor's Final Certificate of the Work (page 00632-1jo 00632=2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have ti e.meanin0s indicatedtiri.ttie-General Conditions. 10.02 Assignment of Contract •`rbc:. A. No assignment by a party hereto" a �hts �r or interests in the Contract will be binding on another- y..hereto ut writte` Wnsent of the party sought to be bound; and, specifiiwf wi hout li ;station; . neys that may become due and moneys that are due may n ut s nsent (except to the extent that the effect of thi§ restriction by law), and unless specifically stated to the contrary irt< tten con 'ita an artment, no assignment will release or discharge the assignor h y-duty or ri sj3onsibifl, nder the Contract Documents. 10.03 Successors andA`ssigns :q A.h,,OWNER and COi fiRACTOR each binds itself, its partners, successors, assigns, and t tive Ao the other party hereto, its partners, successors, assigns, and legal rep to ` . repect to all covenants, agreements, and obligations contained in the Contract Docum 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 00520-Agreement(Public Works)Sample 99 00520-7 FAPublic WorkMENGINEERING DNISION PROJECTS%1917-85th St Milling_91st Ave to 101st AveWmin%agenda ttems100520-Agreement(Public Works)Sample.doc 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 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 at aost that:does not exceed the cost provided in chapter 119 or as otherwise provided kij law. (3) Ensure that public records that are exempt.,dr,confidential and from public Id,ex records disclosure requirements ares:vol as ,pt discl'� except by law. (4) Meet all requirements for refikia'-, 4 tra"r, at no cost, to the T 11 S'� ,g pu i County all public re r in pooion o ontfildWry,'"n termination of the Agreement and d st .:.,any epublic reco5 that are exempt or confidential and exe ubli s disclosure requirements. All records stored electronically mu lded at County in a format that is compatible with the information techn Y ms ofd..,ounty. ments shall be a material breach of B. Failure of the Contr ?Adflo�,,,comply h s u'rp this Agreement. 41Wre4mnder of this page was left blank intentionally] 00520-Agreement(Public Works)Sample 100 00520-8 FAPubhcWorks%ENGINEERING DIVISION PROJECTS%1317-85th St Milling_91St Ave to 101StAVe\Admin%agenda dems\00520-Agreement(Public Works)Srample.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: (CORPORATE$EAL) Joseph A. Baird, County Administrator APPROVED AS TO FORM AND LEGGA >t5 'Y SUFFICIENCY: r Dylan Reingold, County Attorney t ss for giving notices: . ''✓rh ',;way. Jeffrey R. Smith, Clerk of Cou ftn., -q PtrolA .} License No. Attest: '` (Where applicable) =:� :�.n Dg�uty cl' (SEAL) `s_ <.";: { r.. „i;, Agent for service of process: a. Desig �0 d Representatier Name: r safer P.E. Designated Representative: Title: Cou -1 �` .q Name: 1801 27th Street ' Title: Vero Beach, Florida 32960 Address: (772) 226-1221 ,r, 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 101 00520-9 F:\Public WorkMENGINEERING DNISION PROJECTS\1317-85th St Milling_91st Ave to 101st AveWdmiMagenda Rems\00520-Agreement(Public Works)Sample.doc r yew Consent Agenda Item rff� CJ�•`i. Ij, I✓5;; /ND/AN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERV/CES _ _0 ' Date: June 29, 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 k Subject: Award of Bid No. 2015044 to Mack Concrete Industries, Inc.,for a New Package Wastewater Treatment Plant at Blue Cypress Lake DESCRIPTIONS AND CONDITIONS: On October 21, 2014, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 8 with Masteller and Moler, Inc. (M&M) to provide professional services for design, permitting and construction phase assistance for a new package wastewater treatment plant at Blue Cypress Lake. Indian River County Department of Utility Services (IRCDUS) operates the Blue Cypress Wastewater Treatment plant located north of SR 60 along Blue Cypress Lake Road. Due to the severe corrosion in the steel, the longevity of the plant, and upon extensive site investigation and analysis by the consulting engineers and County staff, it was determined that a new package plant would be most cost effective for the County. The engineer's Opinion of Probable Cost (OPC) for construction was $260,000.00. A new concrete package plant will serve the residents of Blue Cypress and the County another 3 to 4 or more decades of useful life. ANALYSIS: The bid opening was held on June 24, 2015.Three (3) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the Indian River County Department of Utility Services (IRCDUS) Engineering Division. The bid totals are as follows: 1. Mack Concrete Industries, Inc. of Astatula, FL $314,000.00 2. Marolf Environmental. of New Port Richey, FL $359,949.01 3. Close Construction, LLC of Okeechobee, FL $390,505.00 Purchasing prepared a bid summary of the three (3) bids (See Attachment No.2). The Department of Utility Services acknowledges and accepts Masteller and Moler's recommendation to award (See Attachment No.3) the bid to the lowest, responsive, responsible bidder Mack Concrete Industries, Inc. The lowest bid of$314,000.00 includes a $30,000.00 force account for any unforeseen site conditions during construction. The lowest bid is approximately 9.2% higher than the OPC. 102 FUNDING: Funds for this project are derived from the capital budget in the operating fund. Operating funds are generated from water and sewer revenues. ACCOUNT NO.: Description Account Number Amount Blue Cypress Lake New Package Plant 471 -169000-14503 $314,000.00 RECOMMENDATION: Staff recommends that the project be awarded to Mack Concrete Industries, Inc., in the amount of $314,000.00, and requests that the Board of County Commissioners approve the attached sample 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. Sample Agreement 2. Memorandum from Purchasing Dated June 24, 2015 3. Recommendation letter Dated June 26, 2015 from Masteller and Moler, Inc. APPROVED FOR AGENDA: i By: Indian River Co. Appr d Date Jose A. Baird, County Administrator Administration y Legal Or; Budget 4 Dat Utilities '{ 7 Utilities-Finance C w•(� —��1--{S Purchasing F:\Utilities\UTILITY-Engineering\WASTEWATER\WWTF-Blue Cypress\New Package Plant-UCP 4107\Admin\Agenda-Award of Bid.doc 103 SECTION 00630 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT (-Agreement" or"Contract"), dated the day of in the year 20 by and between Indian River County, a political subdivision 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 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. The work is generally described as follows: A. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following. Indian River County (IRC) proposes to abandon the existing steel package wastewater treatment plant and replace it with a new 17,000 gallon per day (GPD) package wastewater treatment plant. The replacement plant will be constructed and placed into operation before the existing plant is abandoned. The project consists of, but is not limited to: abandon the existing steel package plant and replace the plant with a new 17,000 GPD package concrete tertiary wastewater treatment plant which will include surge tank, duplex aeration tanks, dual final clarifier tanks, aerated digester tank, dual cell tertiary filters, and duplex chlorine tanks; and modification of the effluent disposal system; provide all necessary electrical equipment and devices as shown on the electrical plans; provide all concrete slabs and site work shown on the plans; and all other items as required for an operational project. B. The OWNER shall have the option of direct purchase of all material and equipment for the project in accordance with Rule 12A-1.094 of the Florida Administrative Code. The contractor will be responsible for preparing the purchase documents for purchasing by the owner. The contractor will be responsible for scheduling, receiving, handling, and storage of all direct purchase material and equipment. ARTICLE 2 ENGINEER The project has been designed by Masteller& Moler, Inc., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 Bidder agrees that the work as generally described herein, will be completed in accordance with the following timeframe. 00530-1 ATTACHMENT NO.1 104 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. Submit and secure approval of shop drawings 6. Mobilize all labor, equipment, and materials. 7. Notify all utilities and other affected parties prior to initiating construction. 8. Install all process piping, process elements, and appurtenant items. 9. Construct all site work elements. 10. Perform all miscellaneous/incidental construction. 11. Perform all testing. 12. Restore all disturbed areas to their pre-construction condition. 13. Correct all deficiencies noted by Engineer. 14. Demolish and remove items shown on Plans as described in specifications. Completion of all tasks outlined above (1-14) constitutes Substantial Completion. 15. Clean up project area. 16. Remove all equipment and material from project site. 17. Perform contract closeout procedures. Completion of all tasks outlined above (1-17) constitute Final Completion. The Contractor shall begin work within ten (10) calendar days after the signing, execution and delivery of written Notice To Proceed, and shall guarantee substantial completion of the Contract on or before 220 calendar days from the date of Notice To Proceed and total completion of the Contract on or before 280 calendar days from the date of the Notice To Proceed. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs 1-17) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR 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 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They 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 Four Hundred Fifty Dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Completion. 3.3.1. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above-stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above-stated liquidated damages may be collected from the Contractor or its 00530-2 ATTACHMENT NO.1 105 Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this Agreement. 3.3.2. In addition to the above-stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER for all costs incurred by OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of$ 4.2 Any direct purchase material and equipment will be deducted from the lump sum price specified in Article 4, 4.1 plus all applicable sales tax. ARTICLE 5 PAYMENT PROCEDURES 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. 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 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 106 00530-3 ATTACHMENT NO.1 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 Paragraphs 5.1 and 5.2 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. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 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 work. 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 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC-4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 107 00530-4 ATTACHMENT NO.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR conceming the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 AIA Document A310 Bid Bond (Section 00410). 8.3 Schedule of Subcontractors (Section 00431). 8.4 Disclosure of Relationships (Section 00452). 8.5 Sworn Statement under the Florida Trench Safety Act (Section 00454). 8.6 General Information Required for Bidders (Section 00456) 8.7 Public Construction Bonds (Section 00610). 8.8 Notice of Award and Notice to Proceed (examples in Section 00800). 8.9 General Conditions (Section 00700). 8.10 Supplementary Conditions (Section 00800). 8.11 Specifications bearing the title "Blue Cypress New Replacement Package WWTF" as listed in the table of contents hereof. 108 00530-5 ATTACHMENT NO.1 8.12 Drawings, inclusive with each sheet bearing the following general title "Blue Cypress New Replacement Package WWTF". 8.13 Addenda numbers 1 to 1 , inclusive. 8.14 CONTRACTOR'S Bid (Section 00300). 8.15 Specifications bearing the title "Department of Utility Services Water, Wastewater & Reclaimed Water Utility Construction Standards, March 2014, Revised January 2015" or the latest version thereof. 8.16 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement 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 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. 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to $5 million per occurrence. 00530-6 ATTACHMENT NO.1 109 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Compliance with Chapter 119. Florida Statutes. 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 at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 9.10. Term. This Agreement shall remain valid for one (1) year from execution. 00530-7 ATTACHMENT NO.1 110 IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on , OWNER CONTRACTOR INDIAN RIVER COUNTY By: By: Wesley S. Davis, Chairman (Contractor) BCC Approved Date: (CORPORATE SEAL) Attest: Jeffrey R. Smith, Clerk of Court and Attest: Comptroller By: Deputy Clerk Address for giving notices Approved By: Joseph A. Baird, County Administrator Approved as to Form and Legal Sufficiency: License No. (Where applicable) Dylan T. Reingold, County Attorney Agent for service of process: Designated Representative: Designated Representative: Name: Arjuna Weragoda, PE Name: Title: Capital Projects Manager Title: 1801 27"' Street Address: Vero Beach, Florida 32960 (772) 226-1821 Facsimile: (772) 770-5143 Phone: Email: aweragoda@ircgov.com Facsimile: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) *END OF SECTION* 00530-8 ATTACHMENT NO.1 111 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION INTEROFFICE MEMORANDUM REQUEST FOR REVIEW DATE: June 24, 2015 TO: Arjuna Weragoda, Capital Projects Manager FROM: Diane Feshoh, Buyer SUBJECT: Bid No.: 2015044 Project: Blue Cypress New Replacement Package WWTF This is to confirm your receipt of the bid(s) received for the above-referenced project for your review and recommendation. Please either respond with a written recommendation of award or include the Purchasing Division in the review of the agenda item requesting award. When preparing a Recommendation of Award Memo, please include the following information: ■ If this project was pre-authorized by the Board of County Commissioners, please include the date of same agenda in your recommendation for award. ■ A detailed paragraph justifying the need for this project. • Budgeted/Estimated Cost ■ Account Number and Name If you require any additional information regarding this award,please do not hesitate to contact me. L v O 'O E 7 N A Bidders Name Location d d 0 C c d Total a m y d t7 a m t N Close Construction Okeechobee Y Y Y Y Y Y Y Y $390,505.00 Mack Concrete Industries, Inc. Astatula Y Y Y Y Y Y Y Y $314,000.00 Marolf Environmental New Port Richey Y Y Y Y Y Y Y Y $359,949.01 ATTACHMENT 2 112 I M I M STELLER & MOLER, INC. im CIVIL ENGINEERS— June 26, 2015 Mr. Vincent Burke, PE - Director Indian River County Utilities Department 1801 271h Street Vero Beach, Florida 32960 RE: Indian River County Blue Cypress New Replacement Package WWTF Review of Bids Indian River County, Florida Our File# 1341 IRC Project# UCP 4107/Bid No 2015044 Dear Mr. Burke: Bids were received for the referenced project and opened on June 24, 2015 at 2:00 p.m. The original bid packages are included with this letter. Three (3) qualified General Contractors submitted bids, which varied from a low of Three Hundred Fourteen Thousand Dollars ($314,000.00) to Three Hundred Ninety Thousand Five Hundred Five Dollars (390,505.00). These bids include a Force Account of$30,000.00. Therefore, the low bid amount(without the Force Account) is $284,000.00 or 9.2% above the Utility Department's budget and the Engineer's opinion of probable cost. A copy of the bid tabulation sheet is attached. The low bidder is Mack Concrete Industries, Inc. of Astatula, Florida. I have reviewed each of the three (3) bids and find the information in all three (3) bids to be complete and in order. My assumption is the low bid is higher than our opinion of probable cost because the project site is remote and site conditions are tight and do not allow much room for construction activities. In my professional opinion, the low bid is the best that can be achieved and I recommend contract award to Mack Concrete Industries, Inc. Please do not hesitate to contact me if you have any questions or comments. Respectfully submitted, MASTELLER& MOLER, INC. Earl H. Masteller, PE, BCEE President EHWC8b cc: Jennifer Hyde,Purchasing Aijuna D.Weragoda,PE,Utiffts Administration File#1341 (IRC—BidRecommendalion-1 5-0626.docx) ATTACHMENT NO.3 1655 27th Street,Suite 2 - Vero Beach, Florida 32960 Phone: (772)567-5300 o Fax: (772)794-1106 mastmolr@bellsouth.net 113 MM Project No.: 1341 BID TABULATION SHEET IRC Project No: UCP#4107 IRC Bid No.: 2015044 Bid Title: Blue Cypress New Replacement Package W WTF Bid Opening Date: June 24,2015 Time: 2:00 pm Bidders Name Base Bid Mobilization Force Account Total Bid 1 Mack Concrete Industries, Inc. $274,000.00 $ 10,000.00 $ 30,000.00 $ 314,000.00 2 Marolf Environmental, Inc. $317,449.01 $ 12,500.00 $ 30,000.00 $ 359,949.01 3 Close Construction, LLC $345,505.00 $ 15,000.00 $ 30,000.00 $ 390,505.00 ATTACHMENT NO.3 Page 1 of 1 114 CONSENTAGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Direc Christopher J. Kafer,Jr., P.E., County Engine FROM: Richard B.Szpyrka, P.E., Project Engineer SUBJECT: Indian River County Intergenerational Recreation Facility(IG Bldg) at South County Regional Park—Change Order No. 2 IRC Project No. 1135 DATE: July 1, 2015 DESCRIPTION AND CONDITIONS On December 9,2014 the Board of County Commissioners approved awarding Bid No.2014052 to KAST Construction Company,LLC,(KAST)for the IG Bldg project in the amount of$10,676,278.03.At the time, it was anticipated that the building permit for the project would be issued within 90 days. A preconstruction meeting was held on January 13,2015 and a tentative notice-to-proceed date of March 2, 2015 was established. The IG Bldg design plans were originally reviewed by the Indian River County Building Department on October 1,2014 with comments returned to Borrelli&Partners,Inc.,the design consultant.Following a series of design submittal-and-review cycles,as well as a 'change' in the IG Bldg structural calculations which necessitated thicker tilt-walls and larger footers,a building permit was finally issued on May 27, 2015. On June 23, 2015 the Board of County Commissioners approved Change Order No. 1 in the amount of $145,832.13,for the increase in cost of thicker tilt-walls and larger footers due to the structural design changes to the IG Bldg. Approval of Change Order No. 1 allowed KAST to start construction of the foundation footers,floor slabs,and tilt walls. KAST has finalized and submitted to the County additional costs associated with changes to the IG Bldg structural calculations and delay claim costs incurred as a result of delays associated with the building permit issuance.Discussions regarding the delay claim costs from KAST are ongoing. However,to keep the project moving forward,staff is requesting additional funds in the amount of$46,968.43 to fund the additional costs associated with structural changes to the plans for the roof joists and the embedment steel for the tilt walls manufactured by S&S Welding/CANAM Buildings.Approval of Change Order No.2 will allow for the roof joist and embedment steel procurement process,which is part of the critical path for the project,to continue uninterrupted while construction of the footers,floor slab,and tilt walls is underway. F:\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\Change Order #2\1135-IG Building-Change Order#2 Revision for Joist Steel only.doc 115 SECTION 00942 -Change Order Form No. 02 DATE OF ISSUANCE: July 14, 2015 EFFECTIVE DATE: July 14, 2015 OWNER: Indian River County CONTRACTOR KAST Construction Company, LLC. Project: INTERGENERATIONAL RECREATION FACILITY AT SOUTH COUTY REGIONAL PARK OWNER's Project No. 1135 OWNER'S Bid No. 2014052 You are directed to make the following changes in the Contract Documents: Description: Changes to the roof joists and embedment steel due to design changes to the structural components of the building. Reason for Change Order: During the building permit review process there was a change to the design engineer that required a re-evaluation of the building design. At that time, the building design changed. Attachments: KAST Construction Company, Inc. Letter Dated: June 30, 2015 S&S Welding/CANAM Bldg, RCO No. 001-5 Dated June 5, 2015 (rev. June 30,2015) CHANGE IN CONTRACT CHANGE IN CONTRACT TIMES PRICE: Description Amount Description Time Original Contract Price $10.676.278.03 Original Contract Time: (days or dates) Substantial Completion: 330 Final Completion: 360 Contract Price prior to this $10.822.110.16 Contract Time prior to this Change Change Order: Order: (days or dates) Substantial Completion: 345 Final Completion: 375 Net increase(decrease)of $46.968.43 Net increase(decrease)this this Change Order: Change Order: (days or dates) Substantial Completion: 0 Final Completion: 0 Contract Price with all $10.869.078.59 Contract Time with all approved approved Change Orders: Change Orders: (days or dates) Substantial Completion: 345 Final Completion: 37 ACCEPTED: RECOMMENDED: APPROVED: By: By: By: CONTRACTOR(Signature) ENGINEER (Signature) OWNER(Signature) Date: Date: Date: 1135-Change Order#2 060915 00942-1 117 FAPublic WorksIENGINEERING DIVISION PROJECTS%1135-S County Park Intergeneratiional Rec Fadlity%dmim%agenda itemslChange Order/211135-Charge Order#r2 060915.doc Rev.05/01 1 KAST Construction Company, LLC 701 Northpoint Parkway,Suite 400 West Palm Beach, FL 33407 June 30,2015 Dan Trbovich,Project Architect via e-mail: dtrbovich@borrelliarchitects.com Borrelli+Partners 720 Vassar Street Orlando, FL 32804 Christopher Kafer, P.E.County Engineer,via e-mail: via e-mail: ckafer@ircgov.com Indian River County Engineering Division 180127th Street Vero Beach,FL 32960 Richard B.Szpyrka,P.E. via e-mail: rszpvrka@ircpov.com Indian River County Engineering Division 180127"'Street Vero Beach,FL 32960 Re: Indian River County Intergenerational Recreation Facility 1590 9th Street SW,Vero Beach, FL Subj.: Delayed Construction/Extended Conditions Costs/Conformed Drawings Added Work Dan/Chris/Rich, In accordance with the contract documents, articles GC 12.03, SC 11.01. Al and 10.05, (Claims) we have monitored and tracked the costs KAST has incurred as a direct result of the extended time related to the delayed issuance of conformed drawings and a building permit. The Conformed documents were received by KAST on 05/22/2015 at 1:30 PM. The Permitted Set was received by us on Wednesday the 27th of May 2015. KAST immediately issued the Conformed, (revised)drawings to the affected subcontractors and vendors for pricing. Most subcontractor and vendor price increases were received by 06/12/2015 but some price increases were dependent on RFPs and could not be collected until 6/29/2015 The project delay commenced on April 16th, 2015 and has continued up to and including June 30, 2015. 76 days have elapsed since the delay began on 04/16/2015. The following represents the extended general conditions,(up to and including the 30th of June 2015)and the added costs for the additional work of the conformed drawings. The work of the conformed drawings has also added 15 days to the concrete tilt wall durations.Those 15 work days impacted the project schedule by 14 calendar days, (2 weeks). 1 118 1 Costs: 1) KAST Construction Co 76 days delayed,Extended General Conditions @$2,285.86 per day $173,725.36 2) KAST Construction Co Extended Project Time,(2 weeks) @ $2,285.86 per day $ 32,002.04 This is for the additional project build time,additional general conditions required by change order number 1,(Concrete additional 14 days)** 3) KAST Construction Co Extended Builders Risk Ins. @$10,000.00 $ 10,000.00 4) Landscape Changes @-$ 741.50 <$ 741.50> 5) S&S Welding @$43,893.90 $ 43,893.90 43,893. '0 6) Bleachers escalation @$ 1,605.00 $ 1,605.00 7) Folding Partition Escalation @$ 1,500.00 $ 1,500.00 8) Bath Accessories Escalation @ $ 1,200.00 $ 1,200.00 9) Complete Electric @ $ 4,547.81 $ 4,547.81 10) Florida Mechanical @ $ 2,235.03 S 2,235.03 Subtotal $269,967.64 GL Insurance @ 0.90% $ 2,429.71 $ 3 115 Bond @ 1.00% $ 2,723.97 # ++Z. 8 9 KAST 5%lines 3 thru 10,($64,240.24) S 3,212.01 .Y 2,2-3 6,S.9 Total $278,333.3314 6,, 9 6 9.4 3 Please accept this as our RCO V. Sincerely, KAST CONSTRUCTION CO., LLC COMPANY LLC Robert Binford, Project Manager CC: Mike Neil,President KAST Construction Roger Whitman,Vice President,CFO KAST Construction Eric Plotke,Vice President,Field Operations KAST Construction File:Owners Correspondence/Delay Encl.: KAST RCO 07 S&S Welding with Canam Quote Florida Mechanical Quote Complete Electric Quote E-mail from Bleacher Company Escalation Folding Partition and Accessories Quote Escalation Landscape worksheet Extended General Condition's worksheet ** Project actual build time was 360 days by contract and was extended to 374 days as a result of the additional concrete and larger walls in change order number 1. This is KAST extended GC costs for that extension. 2 119 PAGE TWO IG Bldg Richard B.Szpyrka, P.E., Project Engineer July 14,2015,Consent Agenda Item FUNDING Funding for Change Order No. 2 is available in Optional Sales Tax— Parks, Intergenerational Facility Account No. 31521072-066510-03028 in the amount of$46,968.43. RECOMMENDATION Staff recommends approving additional funding for Change Order No.2 in the amount of$46,968.43 for structural changes to the plans for the roof joists and embedment steel for the tilt-walls. The new total contract price will be$10,869,078.59. ATTACHMENTS KAST Construction CompanyLLC. Letter Dated:June 30, 2015 KAST Construction Company, LLC. Requested Change Order(RCO) Letter Dated June 30, 2015 KAST Construction Company, LLC. RCO#07 Extended General Conditions Worksheet S&S Welding/CANAM Buildings, RCO No.001-5 Dated June 5,2015(revised June 30,2015) Florida Mechanical, RCO No. 1 Dated June 2, 2015 Complete Electric Request for Cost No. 1 Dated June 2,2015 Added Value Group—Email of Cost Escalations due to Delay Dated June 9, 2015 Southeastern Surfaces&Equipment Inc. Email of Cost Escalations due to Delay Dated June 5,2015 DISTRIBUTION KAST Construction Company, LLC Borrelli& Partners, Inc. TLC Engineering for Architecture, Inc. Indian ItIver County Appro"**% Deft APPROVED AGENDA ITEM Adminittrotion 7 FOR July 14,2015 Bucket kj1AEL Legal By jai." Publk Works 77eTs- Engineering C__V 17- I'APublic Works\ENGINEERING DIVISION PROJECTSU 135-S County Park Intergeneraffional Roe Facility\Admim\agenda itcms\Change Order 116 #2\1135-IG Building-Change Order#2 Revision for Joist Steel only.doe 1 KAST CONSTRUCTION COMPANY, LLC 701 NORTHPOINT PARKWAY,SUITE 400 WEST PALM BEACH,FL 33407 Request for Change Order No.07 Date:613012015 Project: 14-014-01 IRC INTERGENERATIONAL REC CENT 1590 9T11 STREET SW VERO BEACH,FL 32962 To: Dan Trbovich From: KAST CONSTRUCTION COMPANY,LLC BORRELLI+PARTNERS 701 NORTHPOINT PARKWAY 720 VASSAR STREET SUITE 400 ORLANDO,FL 32804 WEST PALM BEACH,FL 33407 Description: Conformed Drawings and Delay Charges You are directed to make the following changes in this Contract: Delayed Construction Time 76 Days Extended Construction Tune 14 Days Additional Steel,Electric,HVAC Escalation Costs The above-mentioned changes are established from attached documentation(Exhibit A). The total direct cost to perform this work is............................................................................................... $278,333.33 (Please refer to attached sheet for details.) SDI,NA $278,333.33 $0.00 Insurance,INCL. $278,333.33 $0.00 Bond,INCL. $278,333.33 $0.00 Fee,INCL. $278,333.33 $0.00 Total: $278,333.33 76 Please note that KAST CONSTRUCTION COMPANY,LLC will require an extra 9eCAL.DAYS. Response Due:6/30/2015 Page I of 3 120 KAST CONSTRUCTION COMPANY, LLC 701 NORTHPOINT PARKWAY,SUITE 400 WEST PALM BEACH,FL 33407 Request for Change Order No, 07 Date: 6/30/2015 ARCHITECT CONTRACTOR OWNER BORRELLI+PARTNERS KAST CONSTRUCTION COMPANY,LLC INDIAN RIVER COUNTY 720 VASSAR STREET 701 NORTHPOINT PARKWAY 1800 27TH STREET BLDG A. ORLANDO,FL 32804 WEST PALM BEACH,FL 33407 VERO BEACH,FL 32960 By: By: By: Date• Daft: Date: Cc: Page 2 of 3 121 1 � KAST CONSTRUCTION COMPANY, LLC 701 NORTHPOINT PARKWAY,SUITE 400 WEST PALM BEACH,FL 33407 Request for Change Order No.07 Date:6/34/2015 Price Breakdown Continuation Sheet Description: Conformed Drawings and Delay Charges Description Cost Cade Tabor Material Equipment Subcontract Other Price CONSTRUCTION 17-010 $278,333.33 $278,333.33 CONTINGENCY Subtotal: $278,333.33 Page 3 of 3 122 !CAST Construction RCO 07 Extended General Conditions Worksheet: • Project Manager's cost plus burden @$78.46 p/h $3,138.40 weekly Includes Project Managers Labor Burdon • Project Superintendents cost plus burden @$60.06 p/h $2,402.40 weekly Includes Projects Superintendents Labor Burdon • Project Manager Auto/Travel/Fuel. @$800.00 month $ 184.76 weekly • Project Superintendents Auto/Travel/Fuel. @$800.00 month $ 184.76 weekly • Cell Phones, (2) $ 30.24 weekly • Site Fencing, (extended service) $ 104.98 weekly • Temporary Toilet Facilities, (1) $ 76.07 weekly • Progress Photos,(extended service) $ 23.08 weekly • Field Office, (Unit price per schedule)Already Includes OH&P per 11.03.13 $ 8,934.66 weekly • Sub-total: $15,079.35 weekly • Contractor fee @15% does not include Field Office 11.03.13 fee per 12.01.C.a $ 921.70 weekly • Total weekly: $16,001.05 weekly Or$2,285.86 per day 123 140 S.Ellis Road JACKSONVILLE 4�� CANAM FL,UNITED STATES,32254 Tel.(904)781-0898 Fax(904)71111-4090 Emall:Petew.Lee@cananVmWmwm Change order Date 06/0512015 Change Order No 001-5 Company S&S WELDING INC. Issued by Peter Lee Attention Richard Grandy Project INDIAN RIVER REC CTR GYM Fax (863)533-2885 Project Code R01448 Email richard0s7swelding.corn The sales contract mentioned above is revised as follows: Description of revisions Additions Deductions Rev 3 dated 5-20-15 S1.00-02 All wind load values were revised S1.03.02 -15 joist Increased in size from 30K8 to 30K11 -3 joist increased In size from 301(8 to 30KCS5 -1 joist decreased In size from 30KCS6 to 30K11 -2 Joist added 301(1 1 -Key note 1,for 5K load and I*max deflection added to 6 Joist. Quality deflection of I"based live load of 20 psf. S1.03.03 =16� 6:wgl 4_e2,14 -Key plan note I applied to 9 joist 72DLH 16,fora� OK Int load and I*max live load deflection.Qualify deflection of IN based live load of 12 psf. -Added 4 fan loads -Deck between grids L&M was changed from a I 1/2"B deck to $2,170.00 a 3"deep N deck,52 sqs. -Added weight for areas 1 &2 Is 10 tons $18,000.00 -Added weight for the Gym is tons. 2.006�q /<9 C.Oio_o-9 A /120 -Add OD loads of freight $8'aso.09 Ad detailing and engineering cost to make the changes $4,300.00 1 SUBTOTAL 36,090.00 TAX 2,215.40 TOTAL $38,305.40 124 IC/0 3000 US HWY 17 S. I BARTOW, FL 33830 PHONE: 863-633-2888 FAX:863-633-2886 Email: roy@s-swelding.com KAST CONSTRUCTION ATTN: ROBERT BINFORD MRE: 619115 JOB: INTERGENERATIONAL REC.CTR.INDIAN RI PAGE I 5. V QN; �NN 0� DESCRIPTION MATERIAL SHOP FIELD EXTENDED LABOR LABOR STRUCSTRUCTURAL TUIRALSTEEL (4)EMBEDS 518X8XI V w/Stude and Conn.Plate $235.00 $65.00 $300.00 (2)WF 12 x 35 x IS'Beams $1,480.00 $95.00 $600-00 $2,175.00 DETAILING $2,275.00 JOIST AND DECK See Attached (Pass Thru Direct Purchase) SUBTOTAL: $ 4,750.00 10HP $475.00 "7 PRICES GOOD FOR 30 DAYS. W.50 *3M.50 Tax added by KAST Quoted By: Accepted by: $5,566,50 Roy Hernandez 125 diIc wick a MhLJ �.4c " awl c::;n 1 Florida Mcchanical L.LC. 3615 Fiscal Court,Riviera Beach,Florida 33404 (561)863-3606 (561)863-3642 FAX To: KAST CONSTRUCTION Date: June 2,2015 ATTN.: ROBERT BINFORD Re:RCO# 1 PRE-CONTRUCTION ARCHITECT'S CHANGES-MECHANICAL Dear Mr.Binford We are pleased to provide pricing for revisions as follows: LABOR Reg OT DT Total supandslon $138.00 $0.00 $0.00 $138.00 Material etc. $820.00 Journeyman $0.00 $0.00 $0.00 $0.00 Subcontract $900.00 Helper $0.00 $0.00 $0.00 $0.00 Direct Job Costs $0.00 TOTALLABOR $138.00 $0.00 $o. S338. Total $1,720.00 20% Mark up $344.00 Labor $138.00 Sub-Total $2,202.00 1.50% Bond $33.03 Total Cost $2,235.03 These Changes will require an extension to our Contract of 0 Days Description: Add gymnasium motorized damper to ductwork and controls.Install larger louver and metal box. Increase vav 1-5 to 1740 cfm from 750cfm w/7kw heater. Change Order for clouded changes on conformed plan only.-(M's) Date 5/15 Please contact me with any questions or comments. Sincerely, Timothy Utt Project Manager NOTICE TO PROCEED You are hereby authorized to proceed at the above costs and conditions. SIGNATME DATE 126 UOCE PLt" I. wry G�J&PL �c� L C U U TRIC- C'?,RIG. IRC Rec Center Type: RFC#1 -Conformed Drawings PO # 20701-4 Date: 6/2/2015 Complete Electric Inc Customer: Kast Builders Commercial Division Robert Binford 637 Sebastian Blvd Address: 701 Northpoint Parkway Ste 400 Sebastian, FI 32958 W Palm Beach,FI 33407 Phone: 772-388-0533 Phone: 561-689-2910 Fax: 772-388-2411 Fax: 561-689-2911 www.complgteelectricinc.com Web: www.ka-9bui1d.com mthomasO)completeelectricinc.com Email: rbinford@kestbuild.com Description MTS GFI testing with EESS report and onsite startup. Materials Qty Price Amount • - • • - $ 4,125.00 0.00% TOTAL MATERIALS $ 4,125.00 ,Labor ,GEN FOREMAN: 0 $ 50.00 $ - FOREMAN: 0 $ 43.00 $ - ;JOURNEYMAN: 0 $ 32.00 $ - ,APPRENTICE: 0 $ 25.00 $ - Techs(hrs): .00 $ - ••• • • $ 4,125.00 . . -. $ - • • 5% $ 206.25 •'• 5% $ 216.56 Added days to schedule: 1 PWFWA l•bW QWWWSOy do rpd umlmitgm of PM•d•o*and aorplma ofwnwi"ty PrymalYdurwm augMfon olwak oraNWay P•r^Y•M•P�•d byr•Iau.M Ynolar i notpid and ConFro9armpga Murry b wdaw ailrafat adaar qas b pry d.zp.nw and ooudmW of Wpian bdudiq mut mW and mory6Y Many Ya b br hod by myomMin Wdah aid MmM Y nq*W to Wpm.OAbmrr ifffm rpw Sul M mq br mW in Mdm Riw CoudJr,R Carl HAA Tt Signature Date Estimator 127 Rich Szpyrka M I From: Peter Sobel <petersobel-adelphial@comcast.net> Sent Tuesday,June 09,2015 1:47 PM To: Robert Binford Subject: IRC REC CENTER Robert, Confirming our earlier conversation,we anticipate certain cost escalations due to the anticipated delay of the project. On toilet partitions and accessories no greater than$1200. On operable partitions no greater than$1500. Thank you for your consideration. Peter Sobel VALUE ADDED GROUP 128 Rich Szpyrka From: Mark Davis <MDavis@sseteam.com> Sent: Friday,lune 05,2015 1:46 PM To: Robert Binford cc: Tracie Ward;Heather Nighman;Sara Carroll Subject: Re:Indian River Rec Center Start Change Robert, The escalation will be$1,605.00. Mark Davis From:Robert Binford<rbinford@kastbuild.com> Sent:Friday,June 5,201510:12 AM To:Mark Davis Cc:Tracie Ward;Heather Nighman;Sara Carroll Subject:RE: Indian River Rec Center Start Change Include the escalation charge now please. This change order must be presented to the owners today Robert Binford, Project Manager Phone 1 561-689-2910 Fax 561-689-2911 Cell 772-361-9460 Email rb fbrd(&-kastbuil_ 0 701 Northpoint Parkway, Suite 400 West Palm Beach, FL 33407 www.kastbuild.com 0 0 0 Keep up with KAST—like our pages This email may contain information that Is proprietary,legally privileged and/or confidential. If the reader of this email is not the intended recipient(s)or the employee or agent responsible for delivering the message to the intended recipient(s),you are hereby notified:(1)that any dissemination,distribution or copying of this email is strictly prohibited and may be unlawful;and(ii)to contact the sender immediately by reply email and delete this email and any attachments without retaining any copies. NA Consider the environment. Please do not print this e-mail unless you really need to! 1 129 From:Sara Carroll Sent:Friday,June 05,2015 9:48 AM To:Robert Binford Cc:-Tracie Ward; Heather Nighman;mdavis@sseteam.com Subject:RE: Indian River Rec Center Start Change Robert, Please see below and attached Sara Carroll, Reception Phone 561-689-2910 Fax 561-689-2911 Email scarroll(dkastbuild.com 701 Northpoint Parkway, Suite 400 West Palm Beach, FL 33407 www.kastbuild.com Keep up with KAST—like our pages From:Mark Davis fmailto:MDavistMsseteam.com Sent:Friday,June 05,2015 9:39 AM To:Sara Carroll Cc:Trade Ward;Heather Nighman Subject: Indian River Rec Center Start Change Sara, Please note attached signed document. The issue with SSE Inc seems to be the bleachers which are now scheduled for 2/2016. Please note that any delay after 212016 will result in an escalation charge. Thanks you Mark Davis Southeastern Surfaces and Equipment Inc 290014th St N Svite 52 Naples F1 34103 t:(239)331-8156 f.-(239)529-2910 www.sseteam.com 2 130 ��4 R OfCB Of Public Hearing: 07/14/15-LEGISLATIVE INDIAN RIVER COUNTY �'toR1�Q' 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 30, 2015 SUBJECT: Public Hearing for Adoption of an Ordinance Establishing the Oceanside Replat Street Paving Municipal Service Benefit Unit This is the second and last public hearing required to establish the creation of a new Municipal Services Benefit Unit (MSBU) to recover the costs of street paving improvements to be done in the Oceanside Replat area. You will recall that this area is east of Highway A-1-A between Porpoise Point and Floraton Beach Subdivisions and consists of 42 lots, with 36 benefited parcels comprising the unit. The property owners asked the County for assistance with re-paving and have expressed a willingness to fund the street paving improvements through a specially established MSBU. The proposed MSBU covers paving costs and would sunset after the fifth year of assessment. Indian River County Code provides for the establishment of additional services within districts, as authorized under Section 125.01, F.S., and for collection of non-ad valorem assessments pursuant to the uniform method found in Florida Statute §197.3632. On January 20, 2015, the Board held the first Public Hearing and adopted a resolution that stated: • the Oceanside Replat Street Paving MSBU is necessary to further the health, safety and well being of those residing and owning property within the boundaries of the district and • the Board intends to use the uniform method of collecting the non-ad valorem assessments found in Florida Statute §197.3632 -, o o- Gn,. - n. -'.C. MEETi;NG - 0-moi � .:...,+. 131 COUNTY ATTORNEYS The initial public hearing was advertised in the Press Journal once a week for four consecutive weeks. Following that hearing, a copy of the resolution, a map of the proposed MSBU and a letter was mailed to each property owner in the Benefit Unit. The letter contained the following information pursuant to FS §197.3632: • the purpose of the assessment; • the total amount to be levied against each parcel; • the unit of measurement to be applied against each parcel to determine the assessment; • the number of such units contained within each parcel; • the total revenue the local government will collect by the assessment; • a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; • a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; • the date, time, and place of the hearing The letter was mailed on June 12, 2015, at least 20 days before this public hearing. Further, notice of the Public Hearing has been advertised in the Press Journal at least 20 days before the hearing. There are 36 parcels of property in the Oceanside Replat Street Paving MSBU. The County estimates it will cost $70,020.00 to re-pave the affected streets, with a total annual assessment of $14,193.00, including all fees and costs (tax collector and property appraiser, etc.); and the County will collect this amount over a period of five years through assessment, with the benefit unit sunsetting after the fifth year of assessment. Each property owner within the benefit unit will pay an equal share of the total annual assessment for the re-paving. The total amount of the assessment to be levied against each property owner will be $415.00 per parcel each year. The $415.00 amount will appear as a new entry on their annual property tax notice beginning FY 15/16. Recommendation After conducting the Public Hearing, staff recommends approval of the attached ordinance amendment. cc: David C. Nolte, County Property Appraiser Carole Jean Jordan, County Tax Collector Jason Brown, Director of Budget and Finance Chris Mora, Public Works Director 2 132 ORDINANCE NO. 2015- 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 [RESERVED] 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 AND PROVIDING FOR A SUNSET PROVISION. WHEREAS, the property owners of Oceanside Replat have asked the County for assistance in providing street repaving for their community; and WHEREAS, Oceanside Replat is located east of Highway A-1-A between Porpoise Point and Floraton Beach Subdivisions and is comprised of 42 lots of which 36 lots would be benefited and assessed; and WHEREAS, the benefited property owners of Oceanside Replat have expressed a willingness to fund the necessary improvements through a specially established Municipal Service Benefit Unit (MSBU); and WHEREAS, the County would coordinate the street paving in a portion of Oceanside Replat, which will improve the safety and welfare of the benefiting residents and property owners within Oceanside Replat; and WHEREAS, the Board finds that establishment of a Municipal Service Benefit Unit to raise funds through the equitable assessment of benefiting property owners within Oceanside Replat is the best available means of accomplishing the desired goal, NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 CREATION OF MUNICIPAL SERVICE BENEFIT UNIT There is hereby established in Indian River County, the Oceanside Replat Street Paving Municipal Service Benefit Unit under the authority of, and with all those powers conferred by, the Constitution of the State of Florida and Florida Statutes 125.01(q) and 125.01(r). The real property included within the boundaries of this Municipal Service Benefit Unit and subject to all provisions hereof is described as follows: All that certain property lying within the following described boundaries: CODING: Words in StFike-#hFeUgh format are deletions to existing text; words in underlined format are additions to existing text. 1 133 ORDINANCE NO. 2015- OCEANSIDE REPLAT STREET PAVING DISTRICT LEGAL DESCRIPTION Being a parcel of land lying in Sections 21 and 22, Township 33 South, Range 40 East, Indian River County, Florida. Said parcel being more particularly described as follows: Begin at the Northwest corner of the of the Plat entitled "Oceanside Replat", as recorded in Plat Book 10, Page 20, of the Public Records of Indian River County, Florida. Thence run Easterly along the North line of said Plat to a point of intersection with the mean high water line of the Atlantic Ocean; thence meander Southeasterly along said mean high water line to the Southeast corner of Lot 1 of the aforementioned plat of Oceanside Replat; thence continue Southeasterly along said mean high water line a distance of 10.32 feet to a point on a line lying 10.00 feet South of, as measured at right angles to, the South line of said Lot 1; thence run Westerly along said line to a point of intersection with the Westerly right- of-way line of Reef Road, as shown on aforementioned plat of Oceanside Replat; thence run Southeasterly along said Westerly right-of-way line to a point of intersection with the Northerly right-of-way line of Seagrape Drive as shown on the aforementioned plat of Oceanside Replat; thence run Westerly along said Northerly right-of-way line to a point of intersection with the Easterly right-of-way line of State Road A-1-A; thence run Northwesterly along said Easterly right-of-way line to the Point of beginning. and as depicted below: d_ t .3 = i k O\ >N r 1 ro CODING: Words in StFike thFOUgh format are deletions to existing text; words in underlined format are additions to existing text. 2 134 ORDINANCE NO. 2015- SECTION 2 PURPOSE A. This Municipal Service Benefit Unit is created for the purposes of funding street paving within the boundaries of the unit; funding the acquisition of easements, rights-of- way, or other properties necessary for the required improvements; funding construction and maintenance of those improvements deemed necessary or desirable; and to fund all reasonable expenses and services related to any of the foregoing activities. B. The Municipal Service Benefit Unit may fund all or any of the aforementioned services or improvements through either current year funding, tax anticipation or multi-year notes or bonds, provided any debt instrument or obligation made must be repayable solely from revenues collected by the Municipal Service Benefit Unit pursuant to the authority and means provided by this ordinance. SECTION 3 LEVY OF ASSESSMENT, ADOPTION OF BUDGET The levy of assessment and adoption of budget is in accordance with Section 200.04, of the Indian River County Code. SECTION 4 DISPOSITION OF PROCEEDS FROM LEVY OF TAXES The disposition of proceeds from levy of taxes is in accordance with Section 200.06, of the Indian River County Code. SECTION 6 AMENDMENT TO CODE Section 200.11 is hereby amended as follows: "-Resewed An additional service of street paving is added to a portion of Oceanside Reglat which additional service shall sunset after the fifth year of assessment. SECTION 6. CODIFICATION It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the The Code of Indian River County, and that the sections of this ordinance may be renumbered or relettered, and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intention. CODING: Words in stfik etg#format are deletions to existing text; words in underlined format are additions to existing text. 3 135 ORDINANCE NO. 2015- SECTION 7. SEVERABILITY If any portion of this ordinance is held or declared by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, which shall remain in full force and effect. SECTION 8. EFFECTIVE DATE The provisions of this ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Indian River Press Journal on the 17th day of June, 2015 for a public hearing on the 14th day of July, 2015, at which time it was moved for adoption by Commissioner , and seconded by Commissioner and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared this Ordinance duly passed and adopted this 14th day of July, 2015. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By By Deputy Clerk Wesley S. Davis, Chairman ApproveU nd le suffi By 2i i lia , Deputy County Attorney This ordinance was filed with the Florida Department of State on the day of July, 2015. CODING: Words in stFike thFeatgh format are deletions to existing text; words in underlined format are additions to existing text. 4 136 ChD N WEDNESDAY.RINE 17,1(115 2 SCRIPPS TREASURE COAST NEWSPAPERS IS TC COGGIN NOTCE OF Aial OF ADMINISTRATION NOTICE OF NOTICE OF NOTICE OF NOTICE OF AOBNMSIMOON AOAiNSiM110N RNIWMTRR110N ADMNMOM710X AOMWSIAAl111N AOMIMSTRATMII WA.V'RED 0NFM Nes:20MCR 2016 10 DSDomi...le c.reona h•vinp Balms os d.m+nde ANY CLAIM FILER �OOoaW7CRUSS.MNe Louie Dondd lelm. dmand. spint decedent'.TWO121YEARS ORO,Oominici.,d•-+`.iIs dednt'+ a—moot fib Rmir MOflE AFTER THEIN RE:ESTATE OF CDURT FOR .a,whoaa.t.a tats an whom+ Beim.wHl tiv.court DECEDENTS DATE GsryO NNa5f LilnE L'OUNTY of EsaM d Mode b WITHIN 3 MONTHS 0 F 0 E A T N 15 LAND - Dewaved FLORIDA 5th.1015.b mil •u i r•d t o b e AFTER THE DATE OF BAflPF0. TM aFAd11AtID PROBATE DN sIoN In the Cinun�Coen wrVatl muel file Myr THE MRST PUMILA-TM den M Ary plM1-SOU ARD NOTICE Re No: for St.Lode County dwn.syM Mn toad TION OF THIS N0- yion of Mia nodes P.O.Bos 663M8 TO CIIEgT01,5 Sb10I5CP0005/] Rodd+•Fob+n D•^ 0.S BEFORE THE TCE b Jum 17.]015 VERO BEACR R no +dninyrykn od eke,the of L A T E R O F l ALL CLAIMS NOT '+1e3T tln any.y Gents d PE:ESTATE OF L hich Is P.O.Boa MONTHS AFTER FILED WITHIN THE ParoaW Ty fl H.rter,d.cesud.DONALD 700,Fort a.ra., THE TIME OF THE TIME PERIODS SET ReorwldalNc fr1 11,-d34T t whoa tlye M -pEDOMMCLR ARUA Florid+3A951.Ths FIRST R18UCATON FORTH IN FLORIDA G rp Noticc Fannrdlc �' March l0tn,TAUS OONAID nam nd+ddreas OF THIS NOTICE OR STATURES SECTON Mery Anro Sduy,(17a 23K211 1015 M Pending in DEOOMNaS as of the Deraony M DAYS AFTER THE 733.70]WILL BE 17 Ammvhwd Nall Primary EJAaR Me Ltlroua Court for Osus.ey r p*1 the,Live and GATE OF SERVICE FOREVER BARIE0. 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EVER BARRED open veil Me Y b hexed.Amtnw wlro needs•.p'y m ppmetkn y thb msetlny wntwa do Cwn Amort , NOTWITHSTANDING unermdelkn br Mia meadnp mut corRert Ms Cwmya Amet4 Wdh Oiubilidw Aa IADA1 Coordinanr et 507-8000,Ev4 ! - THE TIME PERI00 With Mos iU••Aa INN Coord1-1 y 567-8000,Ext 1233 n WyN boon in etivann MTM mee4rp "i'f0aintenan- SET FORTH ABOVE. IM a le.y a haun k edvmw M 0•m."i ANY CLAIM FILED INDIAN RIVER COUNTY TWO 121 YEAPa OP OdNI FIVER COUNTY BOARD a COUNT,COMMSSIONERS MORE AFTER THE BOARD aCOUNfY COMMISSMNEfl3 WESLEY S.INS,CHAIRMAN DECEDENT'S DATE WEEIFYS DANBdIMRMAfI OF DEATH 15at BARRED.III.do.0l to First ` _. _ - __-__ - _. C. for Lifer Washes- yy bllu,ion f Thi. -- - '1 - -.� Real jait YIIfS.a Ia June I7, V ,-].t Y� w.w FV.10 for SiLi firont ftn St Look. 1810 AV lormoxA •.-• , I >"••` Pay pravwrN 06 - -'y�F � -;, v .1e:q FpR'I;PIERCE,FL 34942 SbmM1 21 M5 __Y7 C_M1a�'�S'i'49 RL B. 11fF2M0 1-J11,1721 Wn pane ll.ml5 Wb.Jun 17,3015 Pub:Jun.17,1A. TCN269e9/9 1CN499M�i FREE CLASSIFIEDS ! Now on Mondays, Tuesdays and Wednesdays FREE&EASY•FREE&EASY•FREE&EASY•FREE&EASY•FREE&EASY•FREE&EASY•FREE&EASY Household %tevv%s E.lttR<g(y Turn your unwanted household items into cash! Simply enter your 3 line ad on TCPalm.com by 3pm on Friday and your ad will publish in print and online on the following Monday,Tuesday and Wednesday and Monday { thro Sunday online) If you prefer,you can fill out the coupon below and drop it off at one of our area offices or mail it and we'll get your ad published as soon as possible.Remember,it's faster r______-- _--------7 and easter to get your ad publLshed using our online I I I form at TCPalln cam i I 1 1 I •Item for sale cannot be offered for more than$100 i I •One item per ad and ad must include the price 1 1 I • commercial ads not accepted 1 I 1 I 1 These free ads are for individuals only,selling personal j I merchandise.Repeating the same items on a regular basis Will be considered a business and can be rejected.We reserve the right to 1 Name I edit ar refuse ads that do not quality for this offer. 1 I Address I 1 1 City State Zip I Drop off coupon to: I 1 •1939 S.Federal Hwy,Stuart I Phone j •1801 US 1,Vero Beach ; E-mail address I I 1 must mctude email address if using Onfine EnhDncament m add phoms. 1 1 �+r, I Mail Coupon to: I T`•'"ALAcomf -- I Treasure Coast Classifieds FREE OFFER, i 9 SCRIPPS 11reasure Coast N I PO Boa 1796,Stuart Florida 34995 1 136 . 1 ewspaPM L----------------------------------j TREASURE COAST NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 Treasureco 'ewspapers AFFIDAVIT OF PUBLICATION C0 ✓U�19 FQ 1j, Tr ?�js oFF F�RNFy, STATE OF FLORIDA `r COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline PO# INDIAN RIVER CO ATTORNEY 2696949 6/17/2015 PUBLIC NOTICE OCEANSIDE PAVING MSB NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES Sworn o and subscribed befme this day of, June 17, 2015, by who is Sherri Cipriani [X] personally known to me or [ ] who has produced as identification. ,llam.dh Sandra Coldren Notary Public SANDRAco�nREN WCa MSSION f FFOD40 = EXPIRES:Apra 1,2017 B=W Thriu Notary PublicUndenftfil 4 VE Of Ce Of Public Hearing: 07114115- LEGISLATIVE INDIAN RIVER COUNTY ATTORNEY 1 to 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 30, 2015 SUBJECT: Public Hearing for Adoption of an Ordinance Establishing the Oceanside Replat Street Lighting Municipal Service Benefit Unit This is the second and last public hearing required to establish the creation of a new Municipal Services Benefit Unit (MSBU) to recover the costs of street lighting improvements to be done in the Oceanside Replat area. You will recall that this area is east of Highway A-1-A between Porpoise Point and Floraton Beach Subdivisions and is comprised of 42 lots. The property owners asked the County for assistance with the street lights and have expressed a willingness to fund the street lighting improvements through a specially established MSBU. The proposed MSBU covers installation and maintenance costs of approximately 10 proposed street lights. Indian River County Code provides for the establishment of street lighting districts by ordinance and for collection of non-ad valorem assessments pursuant to the uniform method found in Florida Statute §197.3632. On January 20, 2015, the Board held the first Public Hearing and adopted a resolution that stated: • the Oceanside Replat Street Lighting MSBU is necessary to further the health, safety and well being of those residing and owning property within the boundaries of the district and • the Board intends to use the uniform method of collecting the non-ad valorem assessments found in Florida Statute §197.3632 Li B.C.C. MEETING - �► eat. l - COUNTY ATTORNEY, U 1 7 - _ _ 137 The initial public hearing was advertised in the Press Journal once a week for four consecutive weeks. Following that hearing, a copy of the resolution, a map of the proposed MSBU and a letter was mailed to each property owner in the Benefit Unit. The letter contained the following information pursuant to FS §197.3632: • the purpose of the assessment; - • the total amount to be levied against each parcel; • the unit of measurement to be applied against each parcel to determine the assessment; • the number of such units contained within each parcel; • the total revenue the local government will collect by the assessment; • a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; • a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; • the date, time, and place of the hearing The letter was mailed on June 12, 2015, at least 20 days before this public hearing. Further, notice of the Public Hearing has been advertised in the Press Journal at least 20 days before the hearing. There are 42 parcels of property in the Oceanside Replat Street Lighting MSBU. The County estimates it will cost $2,274.00 including all fees and costs, (tax collector, property appraiser, etc.) on an annual basis for repair and maintenance of the streetlights. The County will collect this amount each year by this assessment. Each property owner within the benefit unit will pay an equal share of the annual cost of the repair and maintenance of the street lighting. The total amount of the assessment to be levied against each property owner will be $57.00 per parcel each year. This amount will appear as a new entry on their annual property tax notice beginning FY 15/16. Recommendation After conducting the Public Hearing, staff recommends approval of the attached ordinance amendment. cc: David C. Nolte, County Property Appraiser Carole Jean Jordan, County Tax Collector Jason Brown, Director of Budget and Finance Chris Mora, Public Works Director 2 138 ORDINANCE NO. 2015- 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. WHEREAS, Oceanside Replat is located east of Highway A-1-A between Porpoise Point and Floraton Beach Subdivisions and is comprised of 42 lots for which adequate street lighting is vitally necessary; and WHEREAS, the property owners of Oceanside Replat have asked the County for assistance in providing street lights for their community; and WHEREAS, the property owners of Oceanside Replat have expressed a willingness to fund the necessary improvements through a specially established Municipal Service Benefit Unit (MSBU); and WHEREAS, the County and the City of Vero Beach Utilities have entered into an agreement to install and maintain street lights in Oceanside Replat, which will improve the health, safety and welfare of the residents and property owners within Oceanside Replat; and WHEREAS, the Board finds that establishment of a Municipal Service Benefit Unit to raise funds through the equitable assessment of property owners within Oceanside Replat is the best available means of accomplishing the desired goal, NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: CODING: Words in stFike thF$ugh format are deletions to existing text; words in underlined format are additions to existing text. 1 139 ORDINANCE NO. 2015- SECTION 1 CREATION OF MUNICIPAL SERVICE BENEFIT UNIT There is hereby established in Indian River County, the Oceanside Replat Street Lighting Municipal Service Benefit Unit under the authority of, and with all those powers conferred by, the Constitution of the State of Florida and Florida Statutes 125.01(q) and 125.01(r). The real property included within the boundaries of this Municipal Service Benefit Unit and subject to all provisions hereof is described as follows: All that certain property lying within the following described boundaries: OCEANSIDE REPLAT STREET LIGHTING DISTRICT LEGAL DESCRIPTION Being a parcel of land lying in Sections 21 and 22, Township 33 South, Range 40 East, Indian River County, Florida. Said parcel being more particularly described as follows: Begin at the Northwest corner of the of the Plat entitled "Oceanside Replat", as recorded in Plat Book 10, Page 20, of the Public Records of Indian River County, Florida. Thence run Easterly along the North line of said Plat to a point of intersection with the mean high water line of the Atlantic Ocean; thence meander Southeasterly along said mean high water line to the Southeast corner of Lot 1 of the aforementioned plat of Oceanside Replat; thence continue Southeasterly along said mean high water line a distance of 10.32 feet to a point on a line lying 10.00 feet South of, as measured at right angles to, the South line of said Lot 1; thence run Westerly along said line to a point of intersection with the Easterly right- of-way line of Reef Road, as shown on said plat of Oceanside Replat; thence run Southeasterly along said Easterly right-of-way line to a point of intersection with the Southerly right-of-way line of Seagrape Drive (being a 100-foot right-of-way); thence run Westerly, along said right-of-way line, to a point of intersection with the Easterly right-of- way line of State Road A-1-A; thence run Northwesterly along said Easterly right-of-way line to the Point of beginning. and as depicted below: CODING: Words in s#FikethrOUgb format are deletions to existing text; words in underlined format are additions to existing text. 2 140 ORDINANCE NO. 2015-_ egg 4E, AZi SECTION 2 PURPOSE A. This Municipal Service Benefit Unit is created for the purposes of funding a street lighting system within the boundaries of the unit; identification of locations where lighting is needed within the unit; funding the acquisition of easements, rights-of-way, or other properties necessary for the required improvements; funding construction and maintenance of those improvements deemed necessary or desirable; funding the on-going cost of operating the lights and to fund all reasonable expenses and services related to any of the foregoing activities. CODING: Words in StFike thFeugh format are deletions to existing text; words in underlined format are additions to existing text. 3 141 ORDINANCE NO. 2015- B. The Municipal Service Benefit Unit may fund all or any of the aforementioned services or improvements through either current year funding, tax anticipation or multi-year notes or bonds, provided any debt instrument or obligation made must be repayable solely from revenues collected by the Municipal Service Benefit Unit pursuant to the authority and means provided by this ordinance. SECTION 3 LEVY OF ASSESSMENT, ADOPTION OF BUDGET A. The Board of County Commissioners hereby authorizes a levy of a non ad valorem assessment under the authority of section 200.04, Indian River County Code in an amount determined annually based on estimated costs of providing street lighting to the benefited Oceanside Replat properties for the ensuing County fiscal year as defined under this ordinance for any or all of those purposes above described, on an assessment per parcel/acre. B. Pursuant to said authority, the Board hereby further authorizes the levying and collection of non ad valorem assessments in a uniform manner for those Municipal Service Benefit Unit expenditures which are determined to provide a reasonably uniform special benefit to all those properties within the Municipal Service Benefit Unit against which such non ad valorem assessment is made. C. Non ad valorem assessments authorized by this section shall be levied and a budget prepared and adopted by the County Commission at the same time and in the same manner as the Board prepares and adopts its annual budget and levies taxes as provided by law. D. Non ad valorem assessments authorized under this section shall be assessed, levied, collected, remitted to and accounted for at the same time and in the same manner as the assessments, levies, collection, and remittance of taxes to the General Fund by the County Commission as provided by law. The budget for this Municipal Service Benefit Unit in each year shall contain that portion of the estimated cost of providing services hereunder, including debt service, for which costs will be incurred in the given year. SECTION 4 DISPOSITION OF PROCEEDS FROM LEVY OF TAXES All funds obtained by the levy of a non ad valorem assessment on the property within the boundaries for the Oceanside Replat Street Lighting Municipal Service Benefit Unit shall be maintained in a separate account and used solely for the purpose of providing those services set forth above. CODING: Words in stroke thFough format are deletions to existing text; words in underlined format are additions to existing text. 4 142 ORDINANCE NO. 2015- SECTION 5 AMENDMENT TO CODE A new District name is added to Section 200.07of the Indian River County Code to read as follows: District Name Ordinance No. Oceanside Replat 2015 - SECTION 015 -SECTION 6. CODIFICATION It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the The Code of Indian River County, and that the sections of this ordinance may be renumbered or relettered, and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intention. SECTION 7. SEVERABILITY If any portion of this ordinance is held or declared by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, which shall remain in full force and effect. SECTION 8. EFFECTIVE DATE The provisions of this ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Indian River Press Journal on the 17th day of June, 2015 for a public hearing on the 14th day of July, 2015, at which time it was moved for adoption by Commissioner , and seconded by Commissioner , and adopted by the following vote: CODING: Words in stFike-thMgh format are deletions to existing text; words in underlined format are additions to existing text. 5 143 ORDINANCE NO. 2015- Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared this Ordinance duly passed and adopted this 14th day of July, 2015. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By By Deputy Clerk Wesley S. Davis, Chairman Approved as to form and legal suffidep. y By �=l , William K. DeNraal, ErepuqC6unty Attorney This ordinance was filed with the Florida Department of State on the day of July, 2015. CODING: Words in StFike thFough format are deletions to existing text; words in underlined format are additions to existing text. 6 144 TREASURE COAST NEWSPAPERS RIEcElIV Indian River Press Journal �� 1801 U.S. 1, Vero Beach, FL 32960 ��N 2015 TreamureeoastNewspapers AFFIDAVIT OF PUBLICATION COUNTYq 4FFIC�RNY'S STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date CoaYline PO# INDIAN RIVER CO ATTORNEY 2696965 6/1712015 PUBLIC NOTICE OCEANSIDE LIGHTING M NEWSPAPER E-SheetU LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES Sworn to subscribed before me is day of, June 17, 2015, by who is Sherri Cipriani [X] personally known to me or [ ]who has produced as identification. Sandra Coldren Notary Public . •. MV SANDRA COLDREN �. MY COMMISSION II FF OD4035 EXPIRES:April 1,2417 BWKW Rui Notary Pulik tlnderadn' 4D a WEDNESDAY,AM T7.2015 M SCRIPPS TREASURE COAST NEWSPAPERS 3 TC COGGIN NOMEOF. NOIMEOF NOTICE OF NIKE OF NOTICE OF NOTICE OF NOTICE OF WMMNOWMII 110E U7WON MMMMMM MN AOMWrWON WMN nWMII WMMSTMTIOII ADMNSN A MN pw1 1?3 IFJ Fit -I KPS XIS III D.Dom)"told pe Tac no".vine ddmt or d.mude ANY CLAIM FILED /MRapnum•tivc _&.t l fT''��T 000m] TORONTO* M.Luolo Don•Id dolma or J. I •B=In.t d—d.nt'. TWO 13)YEAR OR GOWNS,BROVWL p M D.Ddmini.n - t.d•- tot, m '•Indt dE AS AFTER THE BAAKETT N - R ESTATE OF CDUHT FOR d,whop dto-wham a dould;rh omn DECEDENT'S DATE GARAVAGUA.9 _ Mato N Hood, ST.LUCIE COUNTY,a doom Wup w�rtlgh wp/d Mh 011ar b WITHIN 3 MONTHS 0 F DEATH I S LAWN,CHARTERED Darned RON0.0 in MtLbT u(t Court d ad lnxM N.thdr THE FtltST RIBLIfh TM Gb d Pod pHF Bto b,AFTER THE DATE OF LARRIED. WIEVARD V_ACHUQW NOTICE FOOBAh DIVISION,far SL%m tlmm vAm rob mon TION OF THIS NO- tion d roto mb'r P.O.Boa tsae9i TO CREDITORS SS1mStRNOM3 Florida,P'abY Div}ON OR BEFORE THE MCE b Jum 17.PIS VERO BEACH,R Th.•tlminlgr•Ibn d don,m..ddm d LATER OF 3 ALL CLAIMS NOT 33%1 ' tlI.•door d Guam N RE:ESTATE OF L which o P.O.Boa MONTHS AFTER FILED WITHIN THE Ptooul R Nonr,damµ DONALD T00,fort Phroo,THE TIME OF THE TIME PERIODS SET poor.•utM 331dT13 i whom MM d dum GEDUfAN,AWA Fmrid•34964.TM FIRST PUSUCATION FORTH IN FLORIDA GMnp Ndiec h.001. Ti 4 N•rch 1014.,Lg1L5 OON41D nd oddoam OF THIS NOTICE OR STATUTES SECTION Mary MU Stlwl.r,TG/TTiat TNi313 lot 6,1.pF dins in OmOMNbS .of too personal >0 GAYS AFTER 11E]33.]03 WILL BE 1]Ano"A.M H.B Pim.D•EWi: 0.CI_ Court fm Ikomµ r pna•nt•tiv•nd DATE OF SERVICE FOREVER BANIaD. K h Wold,dxumMrdaw.mn 1 Sl.Luclt County. the pe"e"d npm OF A COPY OF THIS NOTWITHSTANDING SC29.66 sradwy".1h I Fbde•,ProGoo DIVE NOTICE unt•Ihi••Nomry NOTICE ON THEM. THE TIME PEPI005 ARoms/•far po-Ir •Ion,m ddr—at m CREDITORS dd iMA bolero All ethos aMNon of SFT FORTH ABOVE.PammN lwral.wcom hioh 1,P.O.Baa Th.,dmierinA d All...mien of the h.d.t.dent..d PQ Fort Pk_R h rtes of L Dom d•c.d.nt old Oh V aUw wm p• hwmW 3496A.Th• ma.dd_of NffnMOFEMMO NOIICEOFNEEM NOTICEOFMEEnN uv.°MOnind mn. r.prrmedh.'t r-NOTICE OF MFEIINO NOTICE OF MEETING LATTICE OF M�11N6 PUBLIC NoINI rornry•r.M rortn - nr eord,C,%==—.d ka•I,Rirr cm.dy FIor4 At1 cnditon of th. PUBLIC dA wN AA— .—Rroo0. Tumby,JJr 14.Plb M S9D - « doudont old other TM BoW d CoollMyy ComMMmw.d IM K CauMy,florF m.1—r 1M mmtr mry a Irord h 1M tom Conon.h.vinp tlA YYN oaMW•Renk Ibpinp on Toudry,July tI P19d9P nWdwl amnbwa ImdMk Addr Iµrn RivenC- - I.im.or dtm•neo ;;—f w m IM rnomr mry M n.om.In 0r Com b AdMnbbdiv.Comdw tWl 3Pr stroo.Volo Burh Fbr d. •`•Inst do=': mbdm,prmbwa lorbd k Bu A d tlr bdir Mrd Cour 338N,m mnMw m..dagbn d r o,dwuw tnmMd All New tab on whom• ry AdMnhmDn COmpba,CBOT 3TA Sbe.L V.m M A,flMN AN OF THE BOM1D OF COUNTY COMMISSIONERS ropy d rob mdm to 33910.b oondar er•d. of•n ar6l.nm.nWµ OF INDIAN LAVER COUNTY.FLONDA CREATING THE OCEANSIDE 2016 q u I r•d to 0•A ORDINANCE OF THE BOANO OF COUNTY COMMISSIONERS RAT STIIEET UGHIING MUNICIPAL SERVICE BENEFIT UNa: , MrvM mut Ab m.i OF VIDIAN FINER COUNTY.FI.OaOA`TERING THE OCEANSIDE PUNOSE:lIW OF ASSESSMENT.ADOPTION OF BUDGET:DIS ACara I.Imt with this REPLAT STREET PAVING NUMaPAL SERVICE BENEFIT UNIT; POSITmN OF P1ION=FROM 7HE lE2 OF ASSESSMENT; AMENTNG SECTION 300.07 DF awrER 300•MUMOPAL SERV- 4 1I.X Dourt WITHIN THE qqJJ�LEVY OF ASSESSMENT,ADOPTION GF BUDGET•aT. L A T E R 0 F 3 POSITION OF PROCEEDS FROM THE LEW Of ASSEssAVENT; N3:TINGING OR BENEFIT UNIT,OF THE INDIAN RIVFiI COUNTY MONTHS AFTER AMENDING SECTION Pa11 OF Our ER Pa Mud"Al SEW G FOR SE LEES,AND ANDWPROVIDING FOR A EFFEG All New . THE TIME OF THE ICE TAIONG OR BENEFIT LOOT.OF THE INDIAN RIVER COUNTY FIRST PUBUCATIDN CODE GF GRDIMNCES•AD PROVIDING Fool COOIFlGTION: � �ardlm—may M IntpodM by tl,.mblk duranp 201$ OF THIS NOTICE OR PROVpNG FOR SEVERAMIIiY;PROVIDING FOR A EFFECTIVE budmr huun(e]0 S'W pm.denary menu I, m GAYS AFTER THE OATE AND PROVIDING FOR A SUtsET PROVISION. d DIgr d rot CNIh m tlw Botrd d CunH Comm Acura DATE OF SERVICE Th.pml�utd Od.—mry M IropwM by Br public�dud"p ==A:. mrA t ft O on of..EDM Boar d Bu A d ih IMI•" OF A COPY OF THIS l W houn Itl0 m 6C0 Pm.Mando,th— RMr Coudy Adminhtntiv.ComDbz,1801 3)m SLAM.M-o TLX NOTICE ON 11EM FdyyI of ON OR•d rot all b No Bawd d County CCwonmvnMb4 - NI other mtdhon d Noun,Woo d on tlr.Cone Rom d BOOM A d m.FmtA �'�tehMd.mr rot nd—mM I.550.00 per p•ml ,I.d•c.d•nt Ind Rivr County Mminloorooiw C—dmL lbl th Stns,Von d praverty*d Wa •.0i.rAMubtl All New C.r.on.A•vin0 BCA RNMa waww I•ima or d.mand.Th,Pop- ohMam far tn...—.EDM k uMm p.r wrul m a imww upon.vpmvd by m.Bmre of covmr cammw 2016 dome old A•OD—u dr IED be for Pt6.Tho tb—nrM op•InM the d.u- d ptra 'op`oadTIpytarwnan .a amerrod n4.ha ool.dar. 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THE FIRST P THIS podtl Idtmlr.. arrmd wapwty awmn h.ts to d8M m All New TION OF THIS I S Bb wdym ogoGbnt m III=oN, wlmin P doW d �b d CwN•f Commlubun NOTICE 9r gtlkallpn droit raper tlr oq Ment ten Amrc CArbbphar 0.Mon,Putlk Wor4 ands 2016 ALL CLAIMS NOT Bp•rdpf Co—_Canmbbmn ' FILED WITHIN THE Amc aAmPherRMon.PubOC Wmb Di.nor 1VaMio BedcRR3P60 I Acura TIME PERIODS SET 1Bm A ShM FORTH IN SECTION yam B.tdV 0.33BN MDX ]33.]03 OF TH E An9am who mry wih la•peed Cry deoaion wldah EDN oomod• Amar wfr=V=ro opprl try drib""loh mry M mode _ ....- ...«-. .... FLORIDA PROBATE d rob mestlip xill t 1,m uuun and•vmWem Camra of me to tlY nrab wN rood b aisuo and•v1,oWn ward d ma CODE WiLL BE Fq4 pm..dl�,po do,wM1lon IntlMa tMimanY.rad oddo— Drac..dl .h da wM1kh IndMu toNmonT•.M rvidanb �Acura- EVEA BARITE" ,pm wMd,mo�ppo•I b bard Amara Mn,rob o d o umn toblO m.opp..I h broo wM10 mem.wxIN•oCoggin NOTWITHSTANDING mrModoWn for mho rood"�y �ud mord tlw CoomdypcAmeri rob m•N�q mmrt m.Cru , THE TIME PERIOD Wim Dlubllltlr Ad NON Coordin•mr b 59]-8000,ECL um WAh DIunifidea An INN Coordinator d 66]-8000,EH. SET FORTH ROVE, 1333 d Iry oB hour,b odvru d dr m..drs 139 d Ord N hops"in•du—d tM niterir,8 ANY CLAIM FILED INDIAN FIVER COUNTY TWO I31 YFAR9 011 TpµNy01 LgUNTV BOARD OF COUNTY COMMISSIONERS LU All 111—th-Floor rdats MORE HT'S DATE BOARD OF COUNTY COMMISSIONERS Mme,S.DAV40WRMA DECEDENT'S DATE WESLEY DAMS,CWURMA Trunk Tray, OF DEATH IS __ ho III.of m.firrt .__ _. 1 ____i-.__. __________=.Y�7 111, t Mool Car Vd—h-far Lift, M16ct i.Jurat 1810 SW Lon—SL `>�,- �. i - t Poo LIKK aS �^ —=-A- 88 -593-0766 HI bw—rySuA 108 1J�: S us Clow* 1 Swor'AFL seew' D,.wtrM = _ � `«_ 'C:N,." +L4--=-111 ... PIERCE,FL 34942 Ti:I1ft 0323600 ,.Bor No-0]t9rJ1 IDM Jw 11,P16 TCN369898 Pub:Jmr 11,3N9 TCN299MM • Pub:Jun.17,2 FREE CLASSIFIEDS ! Now on Mondays, Tuesdays and Wednesdays FREE&EASY•FREE&EASY•FREE&EASY•FREE&EASY•FREE&EASY•FREE&EASY•FREE&EASY Turn your unwanted Housertold ItcSrn�� �tAFf:+cY _ household items into cash! Simply enter your 3 line ad on TCPalm.com by 3 m on Friday and your ad will publish in print and online on the following Monday,Tuesday and Wednesday and Monday r thru Sunday online) s If you prefer,you can fill out the coupon below and drop it off at one of our area offices or mail it and we'll get your ad published as soon as possible.Remember,it's faster r------------------------------=----t and easier to get your ad published using our online I I Ytoren at TCpatm.com j t 1 1 I •item for sale caDnat be offered for more than$100 1 •One Item per ad and ad must include the price •commercial ads not accepted j I These Free ads are for individuals only.selling personal I merchandise.Repeating the Same items on a regular basis will be i 1 Considered a business and can be rejected We reserve the right to j Name edit or rehr9e ads that do not qualify for this offer. t 1 Address 1 Drop off coupon to: I City-state zip I •1939 S.Federal Hwy,Stuart I Phone •1801 US 1,Vero Beach 11 E-mail address 1 1 must include email address if using Online Enhancement to add photos. 1 1 TCPALM.coM# Mail Coupon to: 1 j Treasure Goast Classifieds FREE OFFER, 1 N SCRIPPS IWAsure Coast Ntvvsp a I FO Boa 1796,Stuart,Florida 34996 I t Pis ----------------------------------� �— PUBLIC NOTICE ITEMS: 7114/15 1io Office of INDIAN RIVER COUNTY 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�)� DATE: June 30, 2015 RE: Public Notice of Public Hearing Scheduled for August 18, 2015 to Consider the Establishment of the Oslo Park Area 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, August 18, 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 OSLO PARK AREA 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 14,2015 BCC Meeting Public Notice Items Indian River Co. Approved Date Admin. O ATTORNEY Co.A . Budget 'E S De artment l Risk Management — 145 PUBLIC NOTICE ITEMS: 7/14/15 Office of x 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 Wyo- DATE: July 7, 2015 RE: Public Notice of Public Hearing Scheduled for August 18, 2015 to Consider Approval of a Proposed Special Assessment Project for Asphalt Milling Improvements on 9t' Lane in the Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two The Board of County Commissioners will hold a Public Hearing in the County Commission Chambers on Tuesday, August 18, 2015, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider approval of a proposed special assessment project for asphalt milling improvements on 9t' Lane in the Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two. The description of each property to be assessed and the amount to be assessed to each property may be ascertained by all interested persons during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at the Office of the Clerk to the Board of County Commissioners, located on the second floor of Building A of the County Administrative Complex. /nhm Approved for July 14,2015 BCC Meeting Public Notice Items Indian River Co. Approved Date Admin. /W 71-9Aj LINTY ATTORNEY Co.A Budget Department t Risk Management — -- 146 PUBLIC NOTICE ITEMS: 7/14/15 v Ofice of LI) x INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: July 9, 2015 RE: Public Notice of a Special Call Public Hearing Scheduled for Friday, July 24, 2015 to Consider Amending Section 201.08 of Chapter 201 of the Code to Establish an Amnesty Program Relating to Delinquency Charges on Certain Utility Service Availability Charges The Board of County Commissioners will hold a Special Call Public Hearing in the County Commission Chambers on Friday, July 24, 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, AMENDING SECTION 201.08 (RATES AND CHARGES) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) 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. Inhm App=ATTORNEY Meeting Indian River Co. Appr ed Date Admin. Co.Atty. Budget Department Risk Management 147 Emergency Addition Agenda Item 11A VEI? , County Administrator Matters Office of the July 14,2015 INDIAN RIVER( COUNTY W 41 ADMINISTRATOR OR19 Joseph A.Baird,County Administrator Michael C.Zito,Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: July 13, 2015 SUBJECT: Legal Cost All Aboard Florida and Florida Municipal Power Agency (W Please find attached an updated expense report outlining legal costs to date related to All Aboard Florida and Florida Municipal Power Agency. APPROVED AGENDA ITEM Indian River Co Approved Date Administrator E17-is BY: V&";4 Legal F R: July 14, 2015 �W All Aboard Florida Expenses Date Vendor Amount Note 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services-May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services-May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services-April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services-April 2015 private activity bonds 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 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 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 Expenses after resolution $608,351.22 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 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 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 COM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring 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 30 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 Expenses before resolution $185,920.96 Total expenses processed as of 7/13/15 $794,272.18 Total Board authorized budget for FY 13/14&FY 14/15 $ 856,725.00 Remaining Balance for FY 14/15 $ 62,452.82 i (W Legal Assistance on AAF issues $203,740.00 AAF Litigation Private Activity Bonds $600,000.00 Engineering Fees $52,985.00 $856,725.00 All Aboard Florida Expenses .Legal Assistance on AAF issues ■AAF Litigation Private Activity Bonds Engineering Fees (W F:\Budget\AII Aboard FL Expenses I LI 1. 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 7/10/2015 RW Wilson&Assoc $4,090.00 7/1/2015 Berger Singerman $29,622.50 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 $42,753.33 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 7/13/15 $203,881.34 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 $26,118.66 F:\Budget\FP&L-Vero Beach-FMPA expenses L( Ll All Aboard Florida Authorized Spending Indian River County Date Amount Account Note 6/8/2015 $22,985.00 11124319-033190 Amendment#1 to Work Order#10 3/24/15 $100,000.00 00110214-033111 Tax Exempt Bond Litigation-request another$100,000 2/17/2015 $500,000.00 00110214-033110 Legal Services-Board Approved a total of$2.7 million 11/18/2014 $25,000.00 00110214-033110 Legal services-Florida outside law 11/18/2014 $40,000.00 00110214-033110 Legal Services-additional$40,000 for DEIS 9/24/14 $38,740.00 11124319-033190 Noise Monitoring&Quiet Zones 5/15/14 $100,000.00 00110214-033110 Legal Services 4/10/14 $30,000.00 11124319-033190 Environmental Impact Statement $856,725.00 4/8/2014 Board approved Work Order#10 with CDM Smith,Inc.EI: $30,000 6/8/2015 Amendment#1 to Work Order#10 $22,985 Total for EIS Review $52,985 9/9/2014 Board approved Work Order#13 with CDM Smith,Inc.Nc $38,740 Zone Index Calculations Total for Noise Monitoring $38,740 F:\Budget\AII Aboard FL Expenses 7/13/2015 All Aboard Florida Expenses Indian River County 3/24/15 Tax Exempt Bond Litigation-Board Approved a total of$2.7 million Acct#001,10214-033110-15023 Legal Services Date Vendor Amount Note 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services-May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services-May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services-April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services-April 2015 private activity bonds 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 $719,260.73 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 $28,55_1.8 *Split between St.Lutie,Indian River,and Martin Counties Acct#00110214-033190-15023 Other Professional Services 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 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 $7,898.95 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 $21,286.7 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 $17,274.0M Total expenses processed as of 7/23/15 $794,27271� Total Board authorized budget for FY 13/14&FY 14/15 $856,725.00 Remaining Balance for FY 14/15 $62,452.821 F:\Budget\All Aboard FL Expenses Departmental Matters Indian River County Inter-Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: July 8, 2015 SUBJECT: Water&Sewer Revenue Refunding Bonds, Series 2005 Consideration of Partial EarlyP FROM: Jason E. Brown, CGFO Director, Management & Budget Vincent Burke, P.E. Director of Utility Services Backeround The Water & Sewer Revenue Refunding Bonds, Series 2005 were issued to refinance the Water & Sewer Revenue Bonds, Series 1996 which were then outstanding in the aggregate principal amount of $33,390,000. The Series 2005 Bonds were issued in the principal amount of$27,675,000, which along with a $5,000,000 cash contribution reduced the debt service payments for the Utility by about $240,000 per year and reduced the final maturity from 2026 to 2022. This provided a net present value savings at the time of $2.9 million. These bonds (Series 2005) are callable on September 1, 2015. Once the September 1, 2015 debt service payment is made, the remaining principal outstanding will be $14,205,000. Staff recommends paying off half of the outstanding balance, or$7,105,000 after the call date of September 1$'. Current annual debt service for the Series 2005 Bond is approximately $2.4 million. Staff recommends structuring the partial payoff in a manner that will result in a reduction in annual debt service of about 50% each year for the remaining life of the bonds (through 2022). This will reduce the annual debt service by about $1.2 million per year and reduce interest expenses by $1,311,825 in total. The reduction in debt service will provide flexibility for the Utility to fund increased renewal and replacement expenses to ensure that the current infrastructure remains well maintained. The remaining bonds carry interest rates ranging from 4.00% to 5.00%. Currently, the County's investments are earning only about 0.50% interest per year. Therefore, the Utility will realize savings of between 3.50% and 4.50% on the bonds to be called (based upon current investment returns). Estimated net savings over the remaining life of the bonds will be over$1.1 million as shown in the table on the following page. Staff has considered the potential to refund all of the Series 2005 Bonds, however, this option might limit the Utility's ability to fund upcoming projects. By paying down half of the balance, the Utility is provided with greater flexibility to fund future capital projects as well as ongoing renewal and replacement costs. Unrestricted cash at the end of last fiscal year was $36.5 million. The partial refunding will decrease this balance by $7.1 million, which will leave the Utility with a relatively strong reserve. Depending upon the cost and timing of upcoming projects, additional borrowing may become necessary in the future. 148 Board of Commissioners Page 2 of 2 July 8, 2015 Table 1 Estimated Net Interest Savin s 50% Refunding Investment Est. Principal Est. Interest Interest Net Savings/ Year Refunded Savings Earnings Loss Loss 2016 $875,000 $326,475 ($35,525) $290,950 2017 $920,000 $282,725 ($31,150) $251,575 2018 $965,000 $236,725 ($26,550) $210,175 2019 $1,015,000 $188,475 ($21,725) $166,750 2020 $1,065,000 $137,850 ($16,650) $121,200 2021 $1,110,000 $93,375 ($11,325) $82,050 2022 $1,155,000 $46,200 ($5,775) $40,425 Totals $7,105,000 $1,311,825 ($148,700) $1,163,125 The Utility has one other bond issue—the Water & Sewer Revenue Refunding Bonds, Series 2009— with a principal balance of $21,340,000 currently outstanding. These bonds require annual debt service payments of about $2.9 million and reach final maturity in 2024. Therefore, this refunding will reduce the total debt outstanding from $35.5 million to $28.4 million. Total debt service will drop from $5.3 million to $4.1 million per year. Staff Recommendation Staff recommends that the Board of Commissioners authorize staff to begin the process of calling $7,105,000 (50%) out of the $14,205,000 remaining of the Water & Sewer Revenue Refunding Bonds, Series 2005 on or after September 1, 2015. APPROVED AGENDA ITEM: Indian River County Approved Date Administrator 9 BY: Jose . B ird County Attorney County Administrator Budget 7 1rj OR: July 14, 2015 Department Risk Management 149 OfICe Of Covlit,Afloiwys A tafleix 0 7/14120/i Vol 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 THROUGH: Stan Boling, Oommunity Development Director FROM: William K. DeBraal, Deputy County Attorney DATE: July 8, 2015 SUBJECT: Resolution Establishing the Short Term Vacation Rental Advisory Committee At its meeting of June 2, 2015, the Board of County Commissioners directed staff to draft a resolution that would establish a committee to advise the Board on certain issues concerning shod term vacation rental properties in Indian River County. The Board asked staff to include the following tasks in the founding resolution: • Determine whether additional regulations are needed in addition to the proposed ordinances for vacation rental parking and short term rental of residences for events, and • Submit recommendations on proposed regulations and • Coordinate efforts with staff to insure proper notice for committee meetings and compliance with Open Meetings and Sunshine Law requirements The Board further recommended membership to consist of seven members, permitting each Commissioner to appoint one member and selecting two members at large. Based on the Board's direction, a resolution establishing and governing the committee has been drafted and is proposed for the Board's approval. As structured, the Committee will automatically sunset after one year from the date of formation or completion of its tasks for the Board, whichever occurs first. Funding. There is no funding associated with this matter. Recommendation. Staff recommends the Board adopt the attached resolution establishing and governing the Short Term Vacation Rental Advisory Committee. Indian River Co. Ap roved Date APPROVED ---14.6 15 Admin. B.C.C. MEET114G -�REGQ� SNDA Co.Atty. Budget ;COUNTY,ATTORNEYS 150 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE SHORT TERM VACATION RENTAL ADVISORY COMMITTEE. WHEREAS, owners of houses, condominiums and apartments in coastal and central Florida have been offering to rent their properties to travelers on a short term basis - less than thirty days - as an alternative to hotels for vacation destinations; and WHEREAS, over the past several years, short term vacation rentals have increased in popularity and it is estimated that there are over 250 houses, apartments and condominiums in Indian River County advertised on various websites as vacation rentals; and WHEREAS, the use of single family houses in residential neighborhoods as short term vacation rentals is becoming more frequent; and WHEREAS, in 2011, the State of Florida enacted legislation that would preempt regulation of short term rentals almost entirely to the State and in 2012, the Board of County Commissioners of Indian River County decided to forgo regulation of short term vacation rentals; and WHEREAS, some short term vacation rental owners have now begun advertising their single family properties as destinations for events such as weddings, reunions and other celebrations that attract large crowds in residential neighborhoods creating noise, traffic and parking problems; and WHEREAS, in response the BCC has directed staff to develop the adoption of and initiate the process for formal parking regulations for vacation rentals and to develop regulations prohibiting the renting out of residences for special events such as weddings, reunions and other celebrations; and WHEREAS, the Board wishes to consider whether or not to further regulate vacation rentals above and beyond the proposed regulations described above which are already in the process of adoption; and WHEREAS, Indian River County has a knowledgeable group of professionals and volunteers who could provide valuable input and helpful suggestions and advice to the Board concerning short term vacation rentals; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. ESTABLISHMENT. FAAttorne)ABill\Community DevelopementCommittees\Shon term rental advisory committee resolution.doc 151 RESOLUTION NO. 2015- The Indian River County Short Term Vacation Rental Advisory Committee is hereby established. 2. MEMBERSHIP. The Short Term Vacation Rental Advisory Committee shall have seven voting members appointed by the Board of County Commissioners, with each Commissioner charged with the duty of appointing a member and a majority of the Commission shall appoint two members from the community at large. Members must reside in or own property in Indian River County. 3. DURATION OF COMMITTEE AND TERM OF OFFICE. The Short Term Vacation Rental Advisory Committee shall automatically be sunsetted one year from the date of approval of this resolution or completion of its tasks for the Board, whichever occurs first, and the term of office for each member shall terminate at that time. The duration of the Committee may be extended by the Board and the term of office for the members shall be extended accordingly. 4. POWERS AND DUTIES. The Short Term Vacation Rental Advisory Committee shall have the power and duty to: a. Consider, study, and advise the Board concerning ordinance amendments to the County's land development regulations pertaining to short term vacation rentals; b. Consider all matters submitted to it by the Board of County Commissioners and submit recommendations on proposed legislation, ordinances, and rules to the Board of County Commissioners. C. Collaborate, coordinate and cooperate with County staff in order to further the goals and duties of the Committee. 5. ADVISORY STATUS. The Short Term Vacation Rental Advisory Committee shall be advisory only and the members shall serve without compensation. 6. GENERAL PROVISIONS. The provisions of Title 1, Chapter 103, relating to advisory boards and commissions 2 152 RESOLUTION NO. 2016- shall apply to this Committee. The Committee shall elect from among its voting members a chairman and a vice chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. A County Commissioner shall serve as a non-voting liaison to the Committee. If the term of the committee requires it, each chair and vice chair shall serve for a one-year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. 7. MEETINGS. Meetings shall be held as decided by the Committee in coordination with County staff. A meeting may be called at the request of the liaison commissioner or the chair of the Committee. The agenda for each meeting shall be established by the chairman in coordination with the liaison and County staff. The chairman or any Committee member may place matters on the agenda. Any Committee member may make an oral or written report on committee activity at a subsequent Board of County Commissioners meeting under "Public Discussion Items" or under its liaison "Commissioner Agenda Matters" with the concurrence of the Commissioner. 8. CONSULTANTIVENDOR CONTACT. The chair or individual Committee members are prohibited from contacting consultants or vendors retained by the County. 9. VOTING If a group or agency is represented at a meeting of this committee by more than one member, only one member may cast a vote on any issue, but both members may participate in discussion. 3 153 RESOLUTION NO. 2016- The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this 14th day of July, 2015. 'INDIAN RIVER COUNTY Board of County Commissioners Attest: Jeffrey R. Smith, Clerk Of the Circuit Court and Comptroller By By: Wesley S. Davis, Chairman Deputy Clerk Approved as to formanad WilegIl BCC approval date: irl William K. DeBraal Deputy County Attorney 4 154 7-19 - (5 I3.A IRNA Statement on Short Term Rentals July 14, 2015 As you know the Indian River Neighborhood represents people in this county on matters that they, for one reason or another, need help with. The matter of the short-term rental is one of those matters. Or to use the definition provided by the State of Florida, a transient rental is one of those matters, transient meaning for a time period of less than 30 days. We have been here before and spoken about this, hoping you understand how serious a problem this is for people in single family residential neighborhoods. We have provided you with materials, which includes an ordinance enacted in Monroe County which identifies regulations that provide for safe and non-disruptive transient rentals. And- interestingly- next month Ft. Lauderdale will be looking to enact similar protections for their citizens. But instead of acting now to protect your citizens and assure they have safe rental homes in their neighborhoods you are delaying any action by creating another bureaucracy which also is a burden on staff time. And this is to do what? Decide if you need regulations to be sure a place is licensed? To be sure it has complied with Fire Codes and Health Department regulations? To be sure there is adequate sewage disposal? To be sure bed taxes are paid? We all talk about common sense--- well, common sense tells us these rental places need to be safe and not pose any threats to the renter and the surrounding neighborhood and the landlord for any liability. Surely you don't need a committee to tell you that-especially a committee that has to study it for a year or more. Furthermore-to delay any action is to further endanger the people who look to you to provide for their health and safety. Forming a committee serves no purpose. Please do not bring this resolution forward. A second matter regarding this committee is also quite serious. It regards the Open Meetings and Sunshine Laws of our State. Any member serving on this committee will be prohibited from engaging in any conversation with members of the public on this matter. This effectively silences those members when they are not sitting in committee at an open meeting. This is a huge disservice to the community where people talk about their concerns and problems with each other. And, on this matter there is much talk in the community. There is no purpose for an advisory committee for transient rentals. The problem exists. You know it and you also know the solutions. If you want public input, have a workshop and have it now. It serves no purpose to create another bureaucracy. Please do not further this resolution. County Attorney's Matters-B.CC. 7.14.15 v� Ofce of x INDIAN RIVER COUNTY al ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy Counts-.-Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 7, 2015 SUBJECT: Request for Closed Attorney-Client Session Relating to Indian River County vs. Turner Construction Company et al. (Case No.: 312011CA002999) BACKGROUND. A mediation session in Indian River County vs. Turner Construction Company et al. is scheduled for July 10, 2015. In accordance with Section 286.011(8), Florida Statutes the County Attorney requests that the Indian River County Board of County Commissioners (the "Board") schedule a closed attorney- client session to be held on August 18, 2015 in the County Commissioners' Conference Room. Per Florida Statutes, the subject matter of the meeting shall be confined to settlement negotiations and/or strategy sessions related to litigation expenditures. The attendees at the session will be the Board, the County Administrator, the County Attorney, outside counsel, Casey Walker, and a certified court reporter. Reasonable public notice will be given of the session. It is estimated that the session will last approximately 45 minutes. RECOMMENDATION. The County Attorney recommends that the Board schedule a closed attorney-client session to occur at 10:30 AM on August 18, 2015. Indian River Co. Approved Date APPROVED FOR JULY 14, 2015 Admin % B.CCME G—ATT Co.A . tBudgetCOUNTYATTORNEYr. - --- F.-A(w,-y'b,"wGBNFRAL1B C C,Agrrdo Mrmor,Turnr.Laraurr-Shade Mrg Beq.enJ.ly 2015(2).d- 155 County Attorney's Matters- B.CC. 7.14.15 v Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 8, 2015 V____ SUBJECT: Release of Use Restrictions for Dodgertown Golf Course BACKGROUND In 2005, the City of Vero Beach (the "City") purchased 37+/- acres of real property commonly known as the former Dodgertown nine-hole golf course (the "City Property"). At that time, the City, Los Angeles Dodgers, LLC (the "Dodgers") and DT Commons, LLC executed a Second Amendment to the Collateral Development Agreement (the"Second Amendment"), which provided that the City shall develop the City Property solely as (i) a municipally-owned public golf course, or (ii) green space, or (iii) park-like setting, or (iv) any combination of the foregoing three uses (the "Use Restrictions"). The City and the Dodgers also executed a Declaration of Covenants, Conditions, and Restrictions, limiting the City's use of the City Property to the Use Restrictions as stated in the Second Amendment. Under the Second Amendment, the City could not develop and/or permit the use of the City Property for any other use or purpose whatsoever without the prior written consent of both the Dodgers and Indian River County (the "County"). In February 2008, Indian River County succeeded to all interests of the Dodgers in the Second Amendment and the Declaration of Covenants, Conditions, and Restrictions. APPROVED FOR JULY 14, 2015 B.CC MEETING—ATTORNEY'S MATTERS Indian River Co. Approved Date Admin. 7 Co.Atty. Budget 2�1J Dept. f COUNTYATTORNEY Risk M r. --- --- 156 Board of County Commissioners July 8, 2015 Page Two In 2011, the County and the City exchanged certain parcels adjacent to Dodgertown, in order for the County to develop a cloverleaf ball field on a 11.93 acre parcel (hereinafter "Cloverleaf Property"). The County, through Resolution 2011-34, gave its written consent to allow the Cloverleaf Property to be developed into (i) baseball fields, or(ii) any purpose consistent with the purposes of the baseball facilities. At that time, the County and the City executed the First Amendment to Declaration of Covenants, Conditions, and Restrictions to remove the Use Restrictions on the Cloverleaf Property and transfer such Use Restrictions to the 10.38 acre parcel the City received in that parcel exchange. On April 14, 2015,the County approved an interlocal agreement with the City in which the County agreed to terminate the Declaration of Covenants, Conditions, and Restrictions and remove the Use Restrictions from Resolution 2011-34, the Second Amendment and the First Amendment to Declaration of Covenants, Conditions, and Restrictions, in order for the City Property to be sold and developed. In the interlocal agreement, the County agreed to perform all of the necessary actions within three months of the effective date of the interlocal agreement. The interlocal agreement became effective on May 18, 2015. The County Attorney's Office has drafted these documents, which are attached hereto. In addition to removing the Use Restrictions, at the City's request, the documents also release, terminate or remove various other use restrictions that were contained within the original Collateral Development Agreement entered into between the Los Angeles Dodgers and Vero Acquisition, LLLP on August 29, 2001. The requirements set forth in the following sections of the Collateral Development Agreement have been removed from the City Property: Section 1(B) (Master Plan), Section 1(C) (Hotel), Section 2 (Architectural Review and Approval), Section 4 (Regulations of Operation and Uses), Section 5 (Cooperation Between Dodgers and Developer; New Player Housing). The City had requested that the entire Collateral Development Agreement, including the perpetual non-exclusive easement for pedestrian and vehicular ingress and egress and the easement for a water line, be terminated with respect to the City Property. Such request is beyond the scope of the interlocal agreement and initial conversations with Craig Callan indicate that the water line easement is utilized for Historic Dodgertown. The County Attorney is willing to work with County staff and representatives from the City to resolve the easement issue at a later date. As part of the interlocal agreement, the City agreed to perform the following within three months, where necessary: 1) Grant to the County a 0.20 acre parcel adjacent to 43`d Avenue for additional right of way. 2) Grant the following easements to the County: (a) easements across the City Property to provide a drainage connection from Aviation Boulevard (26`h Street) and 43`d Avenue to the Cloverleaf Property pond; (b) a drainage easement for that portion of the Cloverleaf Property pond constructed on the City Property; and (c) an access easement on certain portions of the City Property and other City-owned property adjacent to the south property line of the City and the County parcels. F.•L4,.,-ylb d.CFNFRALW C(YAgewda A4,—U:X.dg,H—R,k—(2).dx 157 Board of County Commissioners July 8, 2015 Page Three 3) Dedicate Tract A of Poinsettia Park lying south of Atlantic Boulevard and west of 42"d Avenue as public right-of-way and provide for it to be used by or transferred to the Florida Department of Transportation for improvements to State Road 60. 4) Require that all future site plans and zoning requests will maintain compatibility with the County's baseball facilities and other approved uses on the adjacent County property consistent with the City's land use regulations. The County will be permitted to provide comments to the City staff as part of the development review process. 5) Reconfigure the proposed right-of-way for Aviation Boulevard roadway improvements between 43"d Avenue and Flight Safety Drive so that no additional right-of-way will be necessary to be obtained from the property currently owned by DT Commons, LLC located south of Aviation Boulevard. 6) With respect to the Transit Hub facilities located at the Vero Beach Municipal Airport Property, extend the Temporary License Agreement for Use of Vero Beach Municipal Airport Property for two (2) additional years, from the current termination date of May 7, 2015 to May 7, 2017, or whenever the permanent Transit Hub facilities are finalized and available at the 16`h Street, Vero Beach location, whichever is earlier. The extension must be executed by the City prior to May 7, 2015. The City has already extended the Temporary License Agreement for Use of Vero Beach Municipal Airport Property for two (2) additional years. The City will be considering the other required actions at its meeting scheduled for July 21, 2015. Upon approval of the necessary documents by the City Council, the County and the City will record all of the approved documents, if applicable. FUNDING The costs associated with any necessary recording will be paid from the Dodgertown Bonds Debt Service Fund-Other Debt Service Costs(account number 20411717-0773 10). RECOMMENDATION The County Attorney recommends that the Board approve the attached resolution, Termination of Declaration of Covenants, Conditions and Restrictions and Third Amendment to Collateral Development Agreement, Easement and Cure Plan and authorize the chair to execute the necessary documents to effectuate this approval. F:UllomrylLbdaV,F.NFRALVI CCUprIldc Ai(—VJodgeH—Rrka (2)&x 158 Board of County Commissioners July 8, 2015 Page Four ATTACHMENTS Interlocal agreement Proposed Resolution Removing Use Restrictions Proposed Termination of Declaration of Covenants, Conditions and Restrictions Proposed Third Amendment to Collateral Development Agreement Proposed Easement Proposed Cure Plan F:L9twmry L,daiCiEAFJUL B C C Agrnd.M,—Dadg,n—Rek—(2)4- 159 3120150024116 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2840 PG: 1541,4/21/2015 3:32 PM ' It INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (hereinafter "Agreement") is entered into as of the Effective Date provided for herein by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "COUNTY") and the CITY OF VERO BEACH, a Florida municipal corporation (hereinafter "CITY") in order to provide for release of certain contractual land use restrictions encumbering the CITY-owned former Dodgertown nine-hole golf course property and CITY cooperation and assistance regarding certain roadway improvement projects for Aviation Boulevard,Wd Avenue, and State Road 60 in the area of 43`d Avenue. COUNTY and CITY may also be referred to herein as a"Party"or collectively as the"Parties." RECITALS: WHEREAS, on November 17, 2005, the CITY purchased 37+/- acres of real property commonly known as the former Dodgertown nine-hole golf course(hereinafter"City Property"); and WHEREAS, on November 17, 2005, the CITY, Los Angeles Dodgers, LLC (hereinafter "DODGERS") and DT Commons, LLC (hereinafter"DT COMMONS") executed that certain Second Amendment to the Collateral Development Agreement, recorded on November 17, 2005, which provided at paragraph 3 that the CITY shall develop the City Property solely as (i) a municipally- owned public golf course, or (ii) green space, or (iii) park-like setting, or (iv) any combination of the foregoing three uses(hereinafter"Use Restrictions"); and WHEREAS, pursuant to said Second Amendment to the Collateral Development Agreement, the CITY was not to develop and/or permit the use of the City Property for any other use or purpose whatsoever without the prior written consent of both the Dodgers and the County, which consent could be granted or denied by either the DODGERS or the COUNTY in the exercise of their respective sole and absolute discretion; and WHEREAS, on November 17, 2005, the CITY and the DODGERS executed that certain Declaration of Covenants, Conditions, and Restrictions, recorded on November 17, 2005, limiting the City's use of the City Property to the Use Restrictions as stated in the Second Amendment to the Collateral Development Agreement; and WHEREAS, in February 2008, the COUNTY succeeded to all interests of the DODGERS in said Second Amendment to the Collateral Development Agreement and Declaration of Covenants, Conditions, and Restrictions, as outlined in Article 3 of the Third Amendment to Facility Lease Agreement dated February 19, 2008, and recorded on March 17, 2008, leaving the COUNTY and the CITY as the sole parties in interest with respect to the documents as they relate to the City Property; and WHEREAS, on June 1, 2011, the COUNTY and the CITY completed an exchange of certain parcels of land included in the original Collateral Development Agreement, dated and recorded on August 29, 2001, in order for the COUNTY to develop a cloverleaf ball field on a 11.93 acre parcel (hereinafter"Cloverleaf Property"); and Page 1 of 6 NAClient Docs\City CounciMgreements\Dogc town-Golf.Coum\2014.09.25.Tum.Use.Restric.Ew.4.6.2015.docx 160 BK: 2840 PG: 1543 ` NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: A. Adoption of Whereas Clauses. The foregoing Recitals are true and correct and by this reference are incorporated herein and made a part hereof. B. CITY Obligations. Except as otherwise provided herein, City agrees to perform the following within three (3) months of the Effective Date of this Agreement: 1) Grant to the COUNTY a 0.20 acre parcel adjacent to 43'd Avenue for additional right of way (see Exhibit 1, attached hereto and incorporated herein); and 2) Grant the following easements to the COUNTY: (a) easements across the City Property to provide a drainage connection from Aviation Boulevard (26d' Street) and 43rd Avenue to the Cloverleaf Property pond(see Exhibit 2,attached hereto and made a part hereof); (b)a drainage easement for that portion of the Cloverleaf Property pond constructed on the City Property(see Exhibit 3, attached hereto and incorporated herein); and (c) an access easement on certain portions of the City Property and other City-owned property adjacent to the south property line of the CITY and COUNTY parcels in accordance with the February 2011 Property Exchange Agreement executed between the Parties (see Exhibit 4, attached hereto and incorporated herein);and 3) Dedicate Tract A of Poinsettia Park lying south of Atlantic Boulevard and west of 42nd Avenue as public right-of-way and provide for it to be used by or transferred to the Florida Department of Transportation for improvements to State Road 60 (see Exhibit 5, attached hereto and incorporated herein); and 4) At such time as the CITY shall develop, sell or transfer its interest in or possession of the City Property, all future site plans and zoning requests shall maintain compatibility with the COUNTY's baseball facilities and other approved uses on the adjacent County property consistent with the CII'Y's land use regulations, and shall be required to meet the approval standards of Code section 64.10(a) that the site plan be consistent with the pertinent goals, policies, and objectives of the City Comprehensive Plan. Objective 3 of the Land Use Element of the City Comprehensive Plan provides for the establishment and maintenance of land useldevelopment regulations that reduce and prevent land uses that are incompatible with adjacent development. The definitions of "compatible" and "incompatible" to determine consistency with this objective shall rely upon the definition in the latest edition of the Merriam Webster Dictionary. As a reviewing agency, COUNTY may provide comments to CITY staff Page 3 of 6 NAChent Docs\City CounciMgrccmmts\Dogatown.Golf.Course\2014.09.25.Tam.Use.Restric.Etc.4.6.201S.docx 162 BK: 2840 PG: 1544 as part of the CITY development review process, which comments will be included in the staff report(s)for consideration by the reviewing appointed or elected bodies; and 5) Reconfigure the proposed right-of-way for Aviation Boulevard roadway improvements between 434 Avenue and Flight Safety Drive so that no additional right-of-way will be necessary to be obtained from the property currently owned by DT Commons, LLC located south of Aviation Boulevard(see Exhibit 6,attached hereto and incorporated herein); and 6) Amend Temporary License Agreement for Use of Vero Beach Municipal Airport Property dated May 7, 2013 to extend the subject agreement for two (2) additional years, from the current termination date of May 7, 2015 to May 7, 2017,or whenever permanent Transit Hub facilities are completed and put into service, whichever is earlier ("Amended Agreement"). Said Amendment shall be executed by CITY prior to May 7, 2015. (see Exhibit 7, attached hereto and incorporated herein). C. COUNTY Obligations. County agrees to perform the following within three (3) months of the Effective Date of this Agreement: 1) Terminate the Declaration of Covenants, Conditions, and Restrictions, releasing the City Property from all Use Restrictions; and 2) Amend or otherwise modify Board Resolution 2011-34 and the Second Amendment to Collateral Development Agreement to release and remove reference to all Use Restrictions on the City Property; and 3) Grant the CITY a drainage easement over the Cloverleaf Property pond and outfall in accordance with the February 2011 Property Exchange Agreement between the parties (see Exhibit 8,attached hereto and incorporated herein); and 4) Incorporate a "Cure Plan" into the plans for the State Road 60 and 43rd Avenue roadway widening projects as mutually agreed upon by the CITY, COUNTY, and adjacent property owners, including but not limited to,extending the driveway connection from the businesses on Atlantic Boulevard west of 42nd Avenue to connect with Atlantic Boulevard opposite the driveway to Abbott's Frozen Custard(4140 20`h St.), install a new irrigation well to replace the one currently in Poinsettia Park, and provide landscaping on both sides of the realigned Atlantic Boulevard at State Road 60(see Exhibit 9, attached hereto and incorporated herein). D. Notices. All notices and other formal communications hereunder shall be in writing and delivered to the recipient Party at its address below: Page 4 of 6 NAChent DocsWity CounciMgreements\Dogatown.Golf.Course\2014.09.25.Tam.Use.Restric.Etc.4.6.2015.docx 163 BK: 2840 PG: 1545 As to COUNTY: As to CITY: Indian River County City of Vero Beach Attention: County Administrator Attention: City Manager 180127`Street 1053 20`s Place Vero Beach, FL 32960 P.O.Box 1389 Vero Beach,FL 32961-1389 E. Miscellaneous Provisions. 1) Subject to the terms and conditions of this Agreement,each of the Parties hereto will take, or cause to be taken, all action, and to do, or cause to be done, all things necessary, proper or advisable under applicable Laws to consummate and make effective the intent and purpose of this Agreement, including, without limitation, from time to time after the execution and delivery of this Agreement and without further consideration, the Parties will, at their own expense, execute and deliver such documents to the other Party as such Party may reasonably request in order to evidence the consummation and accomplishment of said intent and purpose of this Agreement. 2) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for resolution of any dispute arising hereunder shall be in Indian River County,Florida. 3) This Agreement sets forth all the promises, agreements, conditions, and understandings, whether oral or written, between the Parties on the subject of this Agreement. No subsequent alteration, amendment, change, or addition to this Agreement will be binding on the Parties unless in writing and signed by them and made a part of this Agreement by direct reference. 4) In the event of any dispute or litigation relating to this Agreement, each party shall pay its own attorney's fees. 5) The terms of this Agreement shall be binding on the respective successors, contractors, representatives, agents, and permitted assigns of the Parties. However, neither Party may assign its rights or obligations hereunder without the prior written consent of the other Party. 6) This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. F. Effective Date. This Agreement shall become effective upon execution by both Parties, and after final written approvals by CITY's bond counsel, and by COUNTY's bond counsel, the cost of which reviews shall be borne by the respective Parties as to each Party's review. Page 5 of 6 NAClient Docs\City CoundhAgmments\Dogenown.Golf.Coum\2014.09.25.Tam.Use.Restric.Elc.4b.2015.docx 164 BK: 2840 PG: 1546 IN NVUNESS NVHEREOF, the Parties have caused these presents to be executed in their names,the day and year entered below. ,'q-alrc���� Attest: Jeffrey R.Smith BOARD OF COUNTY COMMISS Clerk of Court INDIAN RIVE COUNTY, N BY IL &PLOA Deputy Clerk Wesley S.Davis,Chairman �►`9C w �.� [Seal] BCC Approved: April 14, 2015 Approved: Approved as to form and legal sufficiency: jj6ph A. Ian Reingold btounty Administrator County Attomey Attest: C OF BEACH,FLORIDA Tanury Vock G.W' City Clerk a r [Seal] Council Approved: Approved as to conforming to municipal Approved as to form and legal sufficiency: policy. �C. avv%�- Jamo'R— nnor Wayn Coment City Manager City Attbfney Page 6 of 6 NAChent DocsTity Council\Agreements\Dogertown.Golf.Course12014.04.25.Term.Use.Restric.Etc.2.I3.2015.docx 165 BK: 2840 PG: 1547 tt- - - - - - - - - -- POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39 SO0*00*47"W S89*59'13*E1276.01' 50.00' ;T\ POINT OF BEGINNING a r (RIGHT OF WAY PARCEL) SCALE 1"= 100' 139S07*5548'44"E Lij . ' LLJ < 19.00, s S00'00*47"W cr- 75.08' 21ST LANE i SI0-28'14"W 33.06' CITY OF VERO BEACH 13.00. NOOW47-E C)ODGERTOWN PARCEL 3A PARCEL #32-39-26-00011-0230-00001.1 A -T-\750.13' S0O*00*47*W 345.67' O!O -50' 21sT PLACE u 0 SUBJECT DEED tHw �-1 in (0.20 ACRES FOR ADDITIONAL RNV) to SO4'41'53"W 159.16' typ '00 THIS SKETCH IS NOT A SLFNEY STAIm"g.73 CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "I" lik mmozmay DEPARTMENT OF PUBLIC WORKS DEED OF RIGHT OF WAY CITY PROJECT NO. 2011-07 —T--IE DODGERTOWN PARCEL 3A OAK -cww N—Y I-6"to msotvsw SURVEY DIVISION SECTION 3-33-39 09/20141 DG I MKIF 166 ez x N 00 A 75 ' S00 47 W 30.00 28T1•I STREETscut"sicrrov tlNc i•-at-M %- , acute cwS:u[trt r SEcsarr Otd 'a=ss z Irma A rss waits winiai ost�ct ZAAi wi__ _._._.p MOM"SEC i. IM INK03-33=a �- -------`-- `-------------------`--------------- ►+ S89 3.321 738,48or 589.45.39`E POW OF COMMOMDANT i I 75.00' POINT OF 1 S89'41S'39`c i me CoNNO SWWN m-33-A I 20.00 Sr �sa• „t FOLMAN STADIUM ' 1 1 I ' s r 3>raesemtwt3e4om1� 3tse.3eosstt.ez»te000l] = n u�exesn+msseoost.e I � 0000etnawPNtta.la twDaeRrwtlrNlRca�+► s ,Nt 000allRrowwPARentc oxlKMI.P39% OhITK73n,rost7 = o.Rox"apam SCALE 1">• 300' I Crt1tOFt/Ei1paFlrCM CIfYOFVERO BEACH = 'r *nmrd Encourm ' 3 13ir • 1 V i j s la 50014'1 rw ' G I t1,1 941.08' s ' t i Q SUBJECT EASEMENT 1 I , (DRAINAGE) a 0R E00.2r4 Patx Sar PORTIONCF r DODOERTONN PARCEL 2A i I S72'24'19' o.RIRC nse ; 3.11' e10mmcorom 1r1ittm r I S89'59'43`E 759.80' ••.•• •~ N89'59'43N'' 785.89' ..30.75 '�8' .• i 30.75 ••� • 1 NDO'00'47'E N46 37'13'tit� 5 / \N`~•'`•.•,• j 20.00' 25.29' C v � , � It OOOafl[TOYRI PARGEL3# 'r, r ; 32S0Md001f-0230.0000t.1 W431AN RNER COMM I 000GEIROPM PARCEL 3-A ' '� /• O.R.eR IME,Pa 9u , 1714 CnV OF VERO eE11CN I S'� aC\OREV EALLflOtS -�' W,Y � ,11r 1 .�•• a o w VALLA".oNs ! � THIS wuco lb t IOT A SURVEY .�•'� REV.NIL AUWZD&v CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "2" DEPARTMENT OF PUBLIC WORKS DRAINAGE EASEMENT TO COUNTY qT1 PRO ECT ta 011—EC-097 arw, 0"A TME PORTION OF SECTION 03-33-39 DAZE am By 040 By Ana, SURVEY DIVISION 09/2014 DG MKF r✓ (vs BK: 2840 PG: 1549 45-4 75y ]]— >e 30.00 26TH STREET L - __.l. _s°utw sEclroH HIE s+ - i i CNt 6�=]S-Tsf iWll"rW s;� &7TiW0iSi lcr aw�i.Z3 ------ » - Nllf(IH]El•IItIH t11E V]—!]—dY 1 589 5'39"E 794.99' ' 589'45'39"E PONT OF COMMENCEMENT ; 75.00' IA CMVM SIOCIKM 03-33-39 HOLMAN STADIUM ! n 1 1 3 I � , n ;43� �— M l 0 9 26-000114323+04X=A 32.38.78-0°Ot t-0230°00°16 � SCALE 1"+� 250' i�_� 'OOOOERTOWN PARCEL I,A OOOGERTOVVN PARCEL 2-A OOOG67TOYMNPARCEL 1-C 121 I O.R.BN 1981,PG 956 O.R.8K 2517,PO 517 O.R.BK 1425.PG 656 II(t1' CRY OPER VO WACH CrrY OF VERO BEACH P031AN RMER COUNTY n QI , lo�yl i WI 1 to 1�� $ POINT OF BEGINNING ! 1 3 ' I N PORTION OF ' 00000t1'OVYPI PARCE O.R.8K 17A PO$23 • 9=41iN RAPER COUNTY .• ... I 1 S02'50'58'E aovER�rAr s.usan 1 30.75' ' L-280.76' ---� i R=352.00' , 1 CHD BRG=N20'00'01"E CHD-273.37' iv PORTION of OOOOERTOVWN PARMM I ! .9900011-0230 00007.1 3 r- OJt BK2517.PO 651 34 1430 / l DODOERTOYVN PARCEL 3.A n 0 W n BRIAN WEN COUNTY O.R.8K 1981,PO 986 d iilll ii in Cm OF VERO BEACH cV M ila Z in4� p3 CLOVERLEAF OAUXELDS I +3; SUBJECT EASEMENT N l (DRAINAGE) ' 8 1 i to go VIM in ' L-280.76' \ 04 CLOVEREAr 6AUM1.0 POH11 R=352.00' 1 CHD BRG=N25'41'58'W ' CHD-273.37' J r�° 1 1. bo 7M SKETCH B NOT A SURVEY CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "3" w>��r DEPARTMENT OF PUBLIC WORKS DRAINAGE EASEMENT TO COUNTY a7r PnolECT x 2011-EG-096 a>E OT SURVEY DIVISION PORTION OF SECTION 03-33-39 °9/2014 URDG I MKF wrw 168 v� o'n'o A • O 3 SOUTH SECTION UNE 34-32-39 INDIAN RIVER COUNTY 4 NORTH SECTION UNE 03-J3-39 ~ _ _ •- _ _.._..- _ - - PONE} PORTION OF POINT OF COMMENCEMENT � DODGERTOWN PARCEL 3-A I 'm� ` NW CORNER SECTION 03-33-39 1O.R.BK 2517,PG 551 INDIAN RIVER COUNTY SCALE 1'- 300` t w m i DRAINAGE EASEMENT z 32-39-26-00011-023 -00001.1 2011-EC-099 DODGERTOWN PARCEL.3A O.R. BK 1961, PG 968 POND CITY OF VERO BEACHS�'� Nig 50` S7.0 SUBJECT EASMENT so• (ACCESS AND IRRIGATION) r frr/ i *i� '29.00• f� z 25.00' POINT OFBEGINN}NG 1232 { / r 2"3007'67-W rr N00'W47-E rte~+ THIS SKETCH IS NOT A SU EY teEv Na. w r CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "4" ACCESS EASEMENT TO COUNTY taws"PROJECT NQ cAa DEPARTMENT OF PUBLIC WORKS 2011—EG-099 SURVEY DIVISION PORTION OF SECTION 03--33-39 oa 261 p BY cicF �`A0" v1 �o N OD A SA L4! SCALE 1"- 50' BLOCK 2 PROPOSED SR 50 -' ` z 1 :. -- JR1W LINE -^"� _- _ �r 4140 20TH 5T PROPOSED SR 60 E70STMG SR 68 TRACT A z - ick j------------ - - L1HE UNE POINSETTIA PARK -- 'n cE705T1NG 5R 80C,4RAN�oo LNE SUBJECT PARCEL (TO BE DEDICATED A5 RIGHT OF WAY) � STATE ROUTE 60 (OSCEOU► arn.rLEvaRa) — —— —— —— —— —— --— —— —-- —— (100' R jW } — _� (?DtH sIR;EEi) 3-31-39 I z� I I �1 I THIS SKETCH IS NOT A SURVEY z ; ,&. CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "5" DEPARTMENT OF PUBLIC WORKS PROPOSED DEDICATION OF RIGHT OF WAY crry""CTNO —o7 SURVEY DIVISION TRACT A. POINSETTIA PARK DALE am By /2014 OG MKF J O w X N 00 A O ^'C i 0 H+ % CII % U 'moo N 0 Nft O"1 op SF D aR� 140 �I l � Realign proposed right of way to north side of Aviation Boulevard 1909, 112e.t PARCEL 17 LA TEAM CO.LLC DT COMMONS LLC 2� CITY OF VERO BEACH PARCEL 32 �- 41 a75 aL -- VERO BEACH EXHIBT "6" SPORTS VILLAGE BK: 2840 PG: 1553 Exhibit 7 _AMENDMENT OF TEMPORARY LICENSE AGREEMENT FOR USE OF VERO BEACH MUNICIPAL AIRPORT PROPERTY This Amendment of Temporary License Agreement for Use of Vero Beach Municipal Airport Property, hereinafter "Amendment," is hereby entered into as of the day of 2015, `Effective Date," by the CITY OF VERO BEACH, FLORIDA, a Florida municipal corporation, whose mailing address is Post Office Box 1389, Vero Beach, Florida 32961-1389, hereinafter "Licensor," to the BOARD OF COUNTY COI EMUSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is 1801 27" Street, Vero Beach, Florida 32960, hereinafter "Licensee," to allow Licensee to continue to occupy, maintain, and utilize a designated portion of City Municipal Airport property situated in the State of Florida, County of Indian River,and City of Vero Beach,pursuant to the Temporary License Agreement for Use of Vern Beach Municipal Airport Property dated May 7, 2013, "Agreement," attached hereto as Exhibit A,and incorporated herein by reference,under the terms and conditions listed below. In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor and Licensee agree as follows: 1. Licensee has requested an amendment to extend Licensee's Agreement for two (2) additional years,from May 7,2015 to May 7,2017 or whenever permanent Transit Hub facilities are completed and put into service, whichever is earlier, unless the Agreement, as amended, is ti , inated or further modified according to the terms and provisions contained within the Agreement, as amended. This Amendment is expressly conditioned upon Licensoes execution of the documents described at items C 1) through C 4) of the Intedocal Agreement between Licensee and Licensor related to Licensor's Dodgertown nine-hole golf course property,entered into on the day of ,2015. If said documents are not executed by Licensee and delivered to Licensor within throe(3)months of the effective date of said Interlocal Agreement, this Amendment provided for herein shall terminate. 2. Licensor hereby grants to Licensee the requested extension outlined in paragraph 1,as conditioned above,and,except as expressly amended by the foregoing,the terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the authorized representatives of the parties hereto have executed this Agreement on the date first above written. [SIGNATURE PAGES TO FOLLOW] Page 1 of 3 N:VClient DocMirport%icenses%2015.Amendment of Transit Hub.Temporery Ucense.GoUne Hub.3.12.2015.docx 172 BK: 2840 PG: 1554 ATTEST: LICENSOR(CITY OF VERO BEACH)- Tammy K.Vock Richard G.Winger City Clerk Mayor Date signed: [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of ,2015,on behalf of the City of Vero Beach, Florida by Richard O. Winger,as Mayor,and attested by Tammy K.Vock,as City Clerk,of the City of Vero Beach,Florida Both are personally known to me. NOTARY PUBLIC Commission No.: My Commission Expires: Approved as to form and legal Approved as conforming to municipal sufficiency: policy: Wayne R.Coment James R.O'Connor City Attorney City Manager Approved as to technical requirements: 6we� Ericson W.Monger Airport Director Page 2 of 3 NACHent Doca\AiepodUjc im\2015.Amendmcnl of Transit Hub.Tcmporary Lic e=.doUne H0.3.122015.do= 173 BK: 2840 PG: 1555 LICENSEE(BOARD OF COUNTY CiDN IISSIONERS OF INDIAN RIVER COUNTY,FLORIDA): ATTEST: Jeffrey R. Smith Wesley S.Davis,Chairman Clerk of Court (SEAL] Approved as to form and legal sufficiency: Dylan Reingold County Attorney Approved:- Joseph pproved:Joseph A.Baird County Administrator STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2015, on behalf of the Board of County Commissioners of Indian River County,Florida by Wesley Davis,as Chairman,and attested by Jeffrey R. Smith,as Clerk of the Court. Both are personally known to me. NOTARY PUBLIC Commission No.: My Commission Expires: Page 3of3 N:Oient DocMirporMicensesV015.Amendment of Transit Hub.Temporuy Limnse.GoLine H0.3.122015.d= 174 BK: 28401'G: 1556 Exhibit A TEMPORARY LICENSE AGREEMENT FOR USE OF VERO BEACH MUNICIPAL AIRPORT PROPERTY This Temporary License Agreement for Use of Vero Beach Municipal Airport Property, hereinafter "Agreement," is hereby granted this 7th day of May , 2013, by the CITY OF VERO BEACH,FLORIDA,a Florida municipal corporation,whose mailing address is Post Office Box 1389, Vero Beach, Florida 32961-1389, hereinafter "Licensor," to the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is 1801 27`h Street, Vero Beach, Florida 32960, hereinafter "Licensee," to occupy, maintain, and utilize a designated portion of City Municipal Airport property situated in the State of Florida, County of Indian River, and City of Vero Beach, as more fully described in Exhibit A, attached hereto and incorporated herein by reference, under the terms and conditions listed below. In consideration of the mutual covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Licensor and Licensee agree as follows: 1. Licensee has requested permission to use a portion of Pro Flite Drive lying between Parcels 5 and 6 of the Vero Beach Municipal Airport real property as more fully depicted in Attachment A, attached hereto and incorporated herein by reference, hereinafter "Licensed Premises," for the express limited purpose of allowing the Senior Resource Association, Inc. ("SRA' , Licensee's Transit Provider and Licensee's Community Transit Coordinator, to temporarily utilize the Licensed Premises as a temporary bus and public transportation hub ("Transit Hub") with temporary shelters, temporary restroom facilities, temporary signage and temporary fencing. Licensee agrees to pay to Licensor the total sum of twenty-five dollars ($25.00)in exchange for the temporary use of the property. 2. Licensor hereby grants to Licensee a non-exclusive license to temporarily occupy, secure, maintain, and utilize the Licensed Premises pursuant to the terms and conditions of this Agreement for the limited purposes specified in paragraph 1 above. 3. Licensee, its designated members, officers, leaders, directors, employees, volunteers, agents, representatives, permitted assigns and subleasees, invitees, guests, and Transit Hub patrons, under direct supervision of Licensee's authorized supervisory staff, shall have the limited right to enter upon the Licensed Premises for the sole purposes specified in paragraph 1 above. Licensor and Licensee find that the licensing and the use of the public lands by Licensee for the purposes stated herein constitute a public use and benefit to the community of Indian River County by providing a community public transit system. 4. The term of this Agreement and the license granted hereunder shall terminate at the end of the twenty-fourth(24"i)month from the date this Agreement is fully executed or whenever the permanent Transit Hub facilities are finalized and available at the 16`s Street, Vero Beach, Indian River County location, whichever is earlier, unless this Agreement is terminated or modified according to the terms and provisions contained herein. 5. Licensee may terminate this Agreement at any time by providing sixty calendar days written notice. In the event that a developer provides Licensor with a bonafide plan to develop Page 1 of 7 NAClient DocsWrpW%jcenses1Trans1t Hub.Temporary t_icense.4.26.2011dx 175 Bk: 2840 PG: 1557 the Licensed Premises, which plan is approved by the Airport Commission and the City Council of the City of Vero Beach, Licensor may terminate this Agreement by providing six months' notice. Licensor shall assist Licensee with a relocation plan should this Agreement be terminated pursuant to this paragraph. (a) If this Agreement is terminated during the term, and unless otherwise agreed by Licensor, Licensee shall have thirty (30) days to remove or cause the removal of all temporary shelters, restroom facilities, fencing, signage, persons, motor vehicles, and other personal property from the Licensed Premises and repair and clean the Licensed Premises to a reasonably good condition, substantially similar to the condition of the Licensed Premises as it was at the effective date of this Agreement, reasonable wear and tear excluded. (b) If Licensee fails to remove the temporary structures, fencing, signage, persons, motor vehicles, and other personal property and/or fails to promptly repair and clean the Licensed Premises within the time set forth in paragraph 5 (a), above, or within a time otherwise agreed to by Licensor, or if Licensor has determined that public interest requires immediate removal, Licensor may complete the removal and repair, or hire a third party to do so,and Licensee shall bear the cost of such removal or repair and hereby waives any right to contest Licensor's right of recovery against Licensee. 6. During the terra of this Agreement, Licensee, its designated members, officers, leaders, directors, employees, volunteers, agents, representatives, permitted assignees and subleasees, invitees, guests and Transit Hub patrons shall not interfere with Airport operations or use of surrounding roadways or Airport tenant operations. Licensor shall reserve to itself the right to let,license,or allow use of any other portion of the Vero Beach Municipal Airport for any lawful purpose, provided such use does not unduly interfere with the Licensee's authorized use of the Licensed Premises. 7. Licensee shall at all times occupy and use the Licensed Premises and operate its Transit Hub activities in a safe and efficient manner and in such a manner as not to cause any conflict with Airport operations or use of surrounding roadways or Airport tenant or other Licensee operations. 8. Licensee shall not occupy, use, or permit,the occupation or use of the Licensed Premises or any part thereof, for any unlawful or illegal purpose, nor in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any present or future federal or state laws,rules,requirements, orders, local ordinances,and/or regulations,and further agrees that the same shall be used solely for the purposes as stated above. 9. Licensee shall instruct, monitor, and manage its designated members, officers, leaders, directors, employees, volunteers, agents, representatives, permitted assignees and subleasees, invitees, guests and Transit Hub patrons to stay inside of the Licensed Premises only, and not to enter the secured airfield without authorized supervision, or cross any runways, taxiways, or other adjacent Airport commercial or aviation-related facilities. Licensee hereby confirms the understanding that any violation of these restrictions could render the individual and the Page 2 of 7 NAClient Dora AxWnV icensmMansit Hub.Temporary License.4.26.2011doc 176 BK: 2840 PG: 1558 organization liable for substantial Federal fines for violations of established Federal Laws and Regulations applicable to Airport facility access and use. 10. Licensee shall at all times during the term hereof keep all portions of the Licensed Premises free and clear of trash and debris and all hazardous materials. Upon expiration or termination of this Agreement and the license, Licensee shall be responsible for and ensure that the Licensed Premises, together with surrounding adjacent properties or public roadways or drainage facilities, shall all be cleaned and left in a condition substantially similar to the condition of the Licensed Premises and other property prior to the Agreement and to the satisfaction of Licensor. 11. Licensee covenants that, during the term of this License, the Licensee will, at its own expense, be responsible for maintenance of the Licensed Premises and shall keep in good order and repair all improvements,and the Licensor will have no responsibility for the maintenance of the Licensed Premises, including any improvements thereon. Any.temporary restroom facilities shall be kept in a clean and sanitary condition at all times. At the termination of the term of this Agreement,Licensee shall have thirty(30)days to remove or cause the removal of all temporary shelters, restroom facilities, fencing, signage, persons, motor vehicles, and other personal property from the Licensed Premises and repair and clean the Licensed Premises to a reasonably good condition, substantially similar to the condition of the Licensed Premises as it was at the effective date of this Agreement,reasonable wear and tear excluded. 12. Licensee shall be permitted to assign, sublease or transfer any part of this Agreement to the SRA or Licensee's then current Transit Provider or Community Transportation Coordinator upon notice to Licensor. Licensee shall not assign, sublease or transfer this Agreement to any other parties without the written consent of Licensor. Licensee shall not mortgage or otherwise encumber the Licensed Premises. 13. No later than fifteen(15)business days following the date of execution of this Agreement and prior to Licensee's use of the Licensed Premises, Licensee shall provide to Licensor a detailed site plan showing all improvements contemplated under this Agreement, including the location of the temporary shelters, temporary restroom facilities, temporary signage and temporary fencing on the Licensed Premises, and any other on-site equipment involved. Such site plan is subject to the approval of the Licensor. 14. Licensee shall be responsible for and provide all security to maintain safety and control during the term of the Agreement. Licensee shall be responsible for and comply with all safety and security provisions or requirements that the Vero Beach Municipal Airport, Vero Beach Police Department and/or Indian River County Emergency Services deem appropriate for protecting the public health,safety or welfare. No later than fifteen(15)business days following the date of the execution of this Agreement and prior to Licensee's use of the Licensed Premises, and at such other times as Licensor may desire, Licensee shall meet with Licensor and representatives of the Vero Beach Municipal Airport, Vero Beach Police Department and/or Indian River County Emergency Services and shall provide detailed plans and description of security and traffic control measures to be taken by Licensee during the term of this Agreement. Licensee shall be responsible for and provide supervision of the Transit Hub vehicular activity Page 3of7 NACilent Oocs\AirporAUcenses\Transit Hub.Temporary Lioanse.4.26.2011doc 177 BK: 2840 PG: 1559 for or associated with the Agreement to preclude impeding emergency vehicle traffic. Licensor and Licensee shall work together to assure that the plans are sufficient to meet the health, safety, and welfare requirements of the public and to minimize potential for interruption of access to,or operations of,the Vero Beach Municipal Airport, Included with the above-referenced plans and schedules shall be the daily anticipated routing schedule of the Transit Hub bus activity and an estimate of the number of participants and invitees, guests or Transit Hub patrons anticipated to utilize the Licensed Premises. 15. Except as provided in this Agreement, Licensee shall not make improvements to the Licensed Premises without the express written permission of Licensor. 16. To the extent allowed by law, Licensee hereby releases and shall indemnify and hold Licensor harmless from and against any and all liabilities, claims, demands, damages, actions, lawsuits,judgments, penalties, losses, costs, or expenses, of any kind or nature, including, but not limited to, costs of investigation and attorneys' fees and costs through trial and appeal, arising out of, incidental to, or in any way connected with the condition of the Licensed Premises, to the extent that such condition arises out of or is caused by Licensee's use or occupation of the Licensed Premises and is not caused by the negligence or is the fault of the Licensor. 17. Commercial General Liability Insurance. During the term of this Agreement, or so long as Licensee is in possession of the Leased Premises,Licensee shall procure,maintain and pay for commercial general liability insurance and automobile liability insurance providing coverage which protects Licensee and Licensor, from any and all claims and liabilities for bodily injury and property damage arising from operations, premises, fire, and other related issues. Such ;ncnrance coverage shall have a combined single limit of not less than $1,000,000.00. The insurance policy shall name Licensor as an insured and shall be endorsed to include provisions for at least thirty(30) days advance notice to Licensor by the insurer prior to any policy change, amendment, termination, or expiration of coverage. Licensee shall direct its insurance agent to provide Licensor with a policy, a copy of the additional insured endorsement containing language no less restrictive than ISO Form CG 20 10 07 04 or ISO CG 20 33 07 04, and a certificate of insurance stating that the coverages as provided herein are in force prior to the commencement date of this Agreement. Licensee's insurance shall be primary and any other insurance that may be maintained by the City shall be in excess of and shall not contribute with Licensee's insurance. 18. Licensee agrees and acknowledges that this Agreement provides Licensee with no leasehold or other property interest, and allows the use of the Licensed Premises only for the purposes stated herein, at Licensor's sufferance. Licensee shall ensure that Licensee's use of the Licensed Premises will not unduly interfere with Licensor's use of said property. 19. Notice. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail,postage prepaid,return receipt requested, addressed: To Licensee at: Page 4 of 7 NACHent Doc9%A0ort%Lkenses%Transit Hub.Temporary Llmnse.4.28.2013.dac 178 BIC: 2840 PG: 1560 Indian River County Attn: Public Works Director 180127'Street Vero Beach,Florida 32960 To Licensor at: City of Vero Beach Atte: City Manager 1053 2e Place P.O.Box 1389 Vero Beach,Florida 32961-1389 These addresses may be changed by either party by providing written notification to the other. 20. This Agreement is made in the State of Florida and shall be governed by Florida law. Venue for resolution of any dispute arising hereunder shall be in.Indian River County, Florida. This is the entire written agmement between the parties and may not be modified or amended except by a written document signed by both parties. 21. The terms of this Agreement shall be binding on the respective successors, contractors, representatives,agents and assigns of the parties. 22. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. 23. In the event there arises any dispute or litigation over the terms and conditions of this Agreement or Licensee's occupancy or use of the Licensed Premises each party shall be responsible for its own attorneys' fees,costs and suit money expended to resolve that dispute. (The remainder of this page is left blank intentionally.) Page 5 of 7 NACllent Uoc s\Airport\UcenseslTransN Hub.Temporary Uwnse.4.26.2013.Coc 179 Bk: 2840 PG: 1561 IN WITNESS WHEREOF, the authorized representatives of the parties hereto have executed this Agreement on the date first above written. ATTEST: LICENSOR(CITY OF VERO BEACR): Sign: Sign: 62 Tammy K.Mk A. Craig Fletcher City Clerk Mayor Date signed: [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this _ ilf day of M a N , 2013, on behalf of the City of Vero Beach, Florida by A. Craig Fletcher, as Mayor,and attested by Tammy K. Vock,as City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. ,4- L- XW2� NOTARY PUBLIC Commission No.: My Commission Expires: no wcOMWOMEE2M EXPIRE&AscW1bsr 3 2018 A, I TWV Xft7 F*ftU0ftM m Approved as to form and legal Approved as conforming to municipal s iciency: policy: W Coment es R.R. O'Connor Cit ttomey City Manager Approved as to technical requirements: Ericson W.Meager Airport Director Page 6 of 7 W CI'ient DocMAirport\UeensesMansit Hub.Temporary t.mnse.4.26.2013.doc 180 BK: 2840 PG: 1542 ` WHEREAS, on May 3, 2011, in light of the Use Restrictions in paragraph 3 of the Second ` Amendment to Collateral Development Agreement and the COUNTY's reserved right of consent provided therein to allow other uses, the COUNTY's Board of County Commissioners (hereinafter "Board") adopted Resolution 2011-34, recorded on August 11, 2011, whereby the COUNTY gave its written consent to allow the Cloverleaf Property to be developed by the COUNTY into (i) baseball fields, or(ii) any purpose consistent with the purposes of the baseball facilities as defined in the 2001 Collateral Development Agreement; and WHEREAS, on June 1, 2011, the COUNTY and the CITY executed the First Amendment to Declaration of Covenants, Conditions, and Restrictions, recorded on August 11, 2011, to remove the Use Restrictions on the Cloverleaf Property and transfer such Use Restrictions to the 10.38 acre parcel the CITY received in that parcel exchange; and WHEREAS, the COUNTY has planned or is planning certain roadway improvement projects for Aviation Boulevard, 43`d Avenue, and State Road 60 in the vicinity of 43nd Avenue (hereinafter collectively`Roadway Projects"), all of which Roadway Projects are in the general vicinity of the City Property; and WHEREAS, the City Council of the City of Vero Beach (hereinafter "Council") finds it desirable and has requested the cooperation and assistance of the COUNTY and the Board to terminate the Declaration of Covenants, Conditions, and Restrictions and remove from the aforementioned Board Resolution 2011-34, the Second Amendment to the Collateral Development Agreement, and the First Amendment to Declaration of Covenants, Conditions, and Restrictions, all language related to and imposing the Use Restrictions on the City Property; and WHEREAS,the Board finds desirable and requests the cooperation and assistance of the CITY and Council in furtherance and accomplishment of the Roadway Projects in an efficient and economical manner; and WHEREAS,at its August 19, 2014 Board meeting, the Board directed COUNTY staff to work with CITY staff on a joint agreement to release and discharge the Use Restrictions encumbering the City Property; and WHEREAS, staff from both local governments have worked diligently together to draft the provisions of this Agreement in order to address and accomplish the purposes and intent hereof; and WHEREAS, nothing in this Agreement shall modify the rights and obligations of the CITY and the COUNTY with respect to the Parking License Agreement,dated June 1, 2011, and recorded on August 11, 2011, and the License Agreement #2010-LA-0145 for Use of City Real Property (Signs), between the CITY and MILB Vero Beach, LLC, dated April 5, 2011, and recorded on April 7, 2011; and WHEREAS, the Board and the Council have reviewed and duly considered this Agreement and find that the provisions contained herein serve important governmental purposes and are in the best interests of the public, Page 2 of 6 NXIient Docs\City CounciMgreements\Dogvtown.Golf.Course\2014.09.25.Tam.Use.Restric.Etc.4.6.2015.dom 161 BK: 2840 PG: 1562 BOARD OF COUNTY COMMISSIONS OF INDIAN RIVER COUNTY,FLORIDA Licensee ATTEST: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA�• �ssioNFR••.,. . ••••moo. •,.. ,s '�.•. By: y. B �.C. B ti .a• :v: ice':Je seph E.Flescher,Chairman i :�9r CLERK IRCUIT COURT [SEAL] '�Y.� •••.�` Approved as to form and legal sufficiency: Alan S. Polac •ch Sr. t= Approved: . a .4 ' GSC seph .Baird unty Administrator STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2013, on behalf of the Board of County Commissioners of Indian River County, Florida by Joseph E. Flescher, as Chairman, and attested by Jeffrey R. Smith, as Clerk of the Court. Both are personally known to me. ARY PUB IMW Lv W001M11 Witt 111110 Commission No.: * * Exp11E8:Avp d 11.2016 My Commission Expires: ++r„Re+�' ow"TOWMMI' Page 7 of 7 N:Vlent DocMAkportLL censeslTransit Hu4.Tempomry License.4.26.2011doc 181 Bk: 2840 PG: 1563 Property Description .' Vero Beach Airport Right of Way • (#2013-LA-212) April 15,2013 EXHIBIT"A" PROPERTY DESCRIPTION LICENSE TO USE CITY RIGHT OF WAY 2013-LA-212 VERO BEACH MUNICIPAL AIRPORT Situated In the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 34, Township 32 South, Range 39 East and being more particularly bounded and described as follows: All of the Pro-Elite Drive right of way lying between Airport Drive and Piper Drive; Containing 49,500 square feet or 1.14 acres more or less. Y a of O l; • .-°�e�siona�•.+•�' David R. Gay, PSM 973 SlNop"DasafpdonsL201312013-1A-212_1irpW RW_Apr 15 2013.doc Sheet 1 of 2 182 Iz N OC A O C' I VERO BEACH MUNICIPAL AIRPORT 1 PARCEL 6 r PARCEL 8 I I z I 1 1 - 1 90 R/W 1 I 1 -- --� r75' R/W Is. 555.0' � U a PRO FLITE DRIVE 90' R/W PRO ELITE DRIVE W a a LU 544.7 > ' 3 w 1 Z 1 r I Z 1 0 1 r F•- SUBJECT LICENSE AREA 85 ' R/w ` FLIGHT SAFETY INC. i O I � I � I 1 a 1 1 PARCEL 5 1 Ir I DAVID GAY. PS X5973 NDATE THIS SKETCH IS NOT A,—..,-Y HEST 2 OEr � , o N. I Cl TY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTIONv EXHIBIT "A" DEPARTMENT OF PUBLIC WORKS LICENSE TO USE CITY RIGHT OF WAY acvPRO&=m � s ? � � PRO FLITS DRIVE 2013-LA-212 �' SURVEY & ENGINEERING DIVISION VERO BEACH MUNICIPAL AIRPORT ��I OM'� "M� � 104/20131 DG MKF �atcssion 00 w D" N � 00 A O uR1T'EsflRNT Boo�co 4rw 26TH STREET 1p� ...�,.,M. _.._-.__.. ___.._.._.-----------------.---..__.____ ._..1.._._._.---•---- ----._ _._..__-.____vir.._ .L------------------------- ---___•___..__.____..__.._..-----------•.-----.._.� , .r.--..—.•—••— 569'�.S'39�'E 794.99�1.� ~ I S69'4S'39'E I POINT OF CO MMENCIDAE T ! 75.00' N�aowia a[CRa d-.s�-s ! I i I HOLMAN STADIUM t , , • , INV IAN RRrta COURY i22-10,264MI-0220A000/.E i I ! ! OODOERTOKM PARCEL I-C i �'Ir OJI.EK/flE,PO Es SCALE 1'- 300' [3!n4M`I42304=I3 32o4a64IM1423DOW2 I twiisOOOOERTOYM PARCEL IJ, DODOERTONM PARCEL 2A O.R.SKIMN,P0956 OJL BK 2517,P6547 PORTION OF } CRY OF VERO BEACH Cm EL 2 OF VERO BEACH DODOERTOM PARCEL �! O.R.Mt18E,b0 I < 1 QI INDIAN RNER COUNTY (3' _ MI S S59107'17'W 204.72' 86.00'DRAINAGE EASEMENT OR BOOK 210.PACE 531 i I L-99.96 N51b0't6'W ; N I R-352.00' �m, CHO BRG-S3D'39'09'W - N00'42'43'E CHD-99.63' .. 121.82' I ,� POND 1 I I 50230'SB'E— ... '� 1 1 30.75' �I 1 I •. I POINT OF BEG1N1rNG SMr15'E L-375.58' 60.00' 11 , R-230.00' ' N,9y018 W t SUBJECT EASEMENT CHD BRG-N4335'54"E ` 2000 (DRAINAGE) Q CH0-335.22' PORT04 OF I / Y oaoaERraMTPARes7w `• ,341'41 I N0.a2' 8'W O.R.EK2H7,P08EI �, 515322 tOs.62 NOMN RMER COUNTY 22o11a4-Mit423040001.1CLOVERLEAF BALUI N1�Op ✓ dsJ-- 1�- OCOOERTONM PARCEL 3A N1311'02'W 122.26' CITY I am EK OF VERO EROVB AC BEACH S70'41'41'W t , N4371'13'W 356.64' N70'41'41'E i rr 121.93' 152.67' t st� N7336'42W r✓ N1918'19'W ✓✓� +? 119.52' 10'23'W POND rte/ 23.21' ✓-✓ L-113.01* 11S.s2 �22'53E /•f 352.00' /✓ •✓�� CHD BRG-S5r44'47'E 122.71' R-60.00' 1 CHD-112.5Z / /" CHO BRG-S68'46'5YE TM SKET 13 NOT A SURVEY / .S CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "B" Kv."a AURMID•ET DEPARTMENT OF PUBLIC WORKS DRAINAGE EASEMENT TO CITY OITM PROJECTNM 1—EG-100 owmpv SAX 201 PORTION OF SECTION 03-33-39 DATE 201 eY anro By ocxlsRw SURVEY DIVISION s 2014 IDGMKF 00 A bo x A � O b 1, fr7 sl -LLJ 1 11 LLJ Q , SOS �Va6\1�4010 � �� M>,`�`�"",,►f�'M` � �s ,�` °�� AZA � `,� Owl Q 40 Ile I1 i 4 ♦ ♦ ---------- ------- ar �°.►a 'ib ' m O O m m • m O O O 1 f 4110 20tH ST N'r ROOotR r lwm1 — We r EEaMK B 3TA 26J2{92.98 AN. —..—..—..—..—........ § E11S10IO -----•-----•-- -- — — -- STATE ROUTE 60 (OSCM► eout MD) VS 1/4 CORNER SfA. I612+9I fJ AH P1/IMf 1M1T 00'--R W (20TH STREET) � ——'E — SM 4-33-39 ®2-amtCU5 vEt=mA'OVIIA-(NKN RISE).3•CAM.12!MGN 3-31-30 2-MAGNOUA GRAMDFLORA IMLE CEM';3•CALIPER.Ir NCH W 3-STREUTDA REOMA BIRD Of PARADISE': 15 GALLON SM IIS-COMOCARM EAEC111S'GREEN IUTIONlWDW 3 GALLON SM Z ^ 21-ZAMIA PUMLA•COONX% 3 GALLON SIZE r"mx �, I --_Q31-LIIOPE MUSCARI*EMOALD OOOOEW. 3 CALLOW Sff --- ATANIIC ROUINARD PAR1710ARIA 500-ST ALUX"E'f LORATAM' Q CUR!LRAM �.. MULON ALL FLAMING AREAS 1,r 4m MW 1 C> DgARTMIIR Of►INUCYWRKft I NOIM ALL IREES AND PLAMM ALL IE KORIDA Me.1 ORADE OF DETIER 1 Z SM1� 1 I i 1 I N MM *VU DE STASM r*4-S OF WOONG N ACCORDANCE MIM COMMON LAMDSCAPE PRACMES KED sultvlraf!MORIUMNonnRMON AUTOMAIIC RRICATIOM SYSTEM TO ff OESCHED NO PWALLED N ALL LANDSCAPE AREAS cIfYPROJECTNO. EXHIBIT"8M' 00 RESOLUTION 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY RELEASING AND REMOVING USE RESTRICTIONS ASSOCIATED WITH RESOLUTION 2011-34 AND THE SECOND AMENDMENT TO COLLATERAL DEVELOPMENT AGREEMENT AND VARIOUS USE RESTRICTIONS SET FORTH IN THE COLLATERAL DEVELOPMENT AGREEMENT WITH REGARD TO THE FORMER DODGERTOWN 9-HOLE GOLF COURSE. WHEREAS, on November 17, 2005, the City purchased 37+/- acres of real property commonly known as the former Dodgertown nine-hole golf course (hereinafter"City Property"); and WHEREAS, on November 17, 2005, the City, Los Angeles Dodgers, LLC (hereinafter "Dodgers") and DT Commons, LLC (hereinafter"DT Commons") executed that certain Second Amendment to the Collateral Development Agreement, recorded on November 17, 2005, which provided in paragraph 3 that the City shall develop the City Property solely as (i) a municipally- owned public golf course, or(ii) green space, or (iii)park-like setting, or(iv) any combination of the foregoing three uses(hereinafter"Use Restrictions"); and WHEREAS, pursuant to said Second Amendment to the Collateral Development Agreement, the City was not to develop and/or permit the use of the City Property for any other use or purpose whatsoever without the prior written consent of both the Dodgers and the County, which consent could be granted or denied by either the Dodgers or the County in the exercise of their respective sole and absolute discretion;and WHEREAS, on November 17, 2005, the City and the Dodgers executed that certain Declaration of Covenants, Conditions, and Restrictions, recorded on November 17, 2005, limiting the City's use of the City Property to the Use Restrictions as stated in the Second Amendment to the Collateral Development Agreement; and WHEREAS, in February 2008, the County succeeded to all interests of the Dodgers in said Second Amendment to the Collateral Development Agreement and Declaration of Covenants, Conditions, and Restrictions, as outlined in Article 3 of the Third Amendment to Facility Lease Agreement dated February 19, 2008, and recorded on March 17, 2008, leaving the County and the City as the sole parties in interest with respect to the documents as they relate to the City Property; and WHEREAS,on June 1,2011, the County and the City completed an exchange of certain parcels of land included in the original Collateral Development Agreement, dated and recorded on August 29, 2001, in order for the County to develop a cloverleaf ball field on a 11.93 acre parcel (hereinafter"Cloverleaf Property"); and u,�Wu .,,— T.r-imOng ay U.R..,,ufi— Page I of 3 186 RESOLUTION 2015- WHEREAS, on May 3, 2011, in light of the Use Restrictions in paragraph 3 of the Second Amendment to Collateral Development Agreement and the County's reserved right of consent provided therein to allow other uses, the County's Board of County Commissioners (hereinafter "Board") adopted Resolution 2011-34, recorded on August 11, 2011, whereby the County gave its written consent to allow the Cloverleaf Property to be developed by the County into (i) baseball fields, or (ii) any purpose consistent with the purposes of the baseball facilities as defined in the 2001 Collateral Development Agreement; and WHEREAS, on June 1,2011, the County and the City executed the First Amendment to Declaration of Covenants, Conditions, and Restrictions, recorded on August 11, 2011, to remove the Use Restrictions on the Cloverleaf Property and transfer such Use Restrictions to the 10.38 acre parcel the City received in that parcel exchange; and WHEREAS,the City and the County entered into that Interlocal Agreement, recorded on April 21, 2015 and effective as of May 18, 2015, in which the County agreed inter alfa to amend or otherwise modify Resolution 2011-34 and the Second Amendment to Collateral Development Agreement and terminate the Declaration of Covenants, Conditions, and Restrictions in order to eliminate the Use Restrictions on the City Property; and WHEREAS,in addition to releasing the City Property from the Use Restrictions set forth in the Second Amendment to the Collateral Development Agreement, the City and the County wish to release the City Property from various other use restrictions set forth in the Collateral Development Agreement, entered into on August 29, 2001, and recorded on August 29, 2001, at Book 1426, Page 596 of the public records of Indian River County,Florida, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Board. Section 2. The Board of County Commissioners amends and modifies Resolution 2011- 34, recorded on August 11, 2011,to the extent necessary as to the City Property to terminate the Second Amendment to the Collateral Development Agreement, entered into on November 17, 2005, and recorded on November 17, 2005, at Book 1961, Page 985 of the public records of Indian River County,Florida. Section 3. The Board of County Commissioners amends and modifies Resolution 2011- 34, recorded on August 11, 2011, to the extent necessary to release from the City Property those use restrictions set forth in Section 1(B) (Master Plan), Section 1(C) (Hotel), Section 2 (Architectural Review and Approval), Section 4 (Regulations of Operation and Uses) and Section 5 (Cooperation Between Dodgers and Developer; New Player Housing)of the Collateral Development Agreement, entered into on August 29, 2001, and recorded on August 29, 2001, at Book 1426, Page 596 of the public records of Indian River County,Florida. P:Wanwyub.lDodR..wrn Doa .WW.101#.M r.-JWimg Gy Uu Remicaowr.da. Page 2 of 3 187 RESOLUTION 2015- The foregoing resolution was moved for adoption by Commissioner and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this _ day of , 2015. ATTEST: Jeffrey R. Smith,Clerk of Court BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY,FLORIDA By: By: Deputy Clerk Wesley S. Davis, Chairman Approved as to form and legal sufficiency: By: AJKan Reingold,County Attorney F 21—ian0&U. Page 3 of 3 188 Prepared by,record and return to: Office of the County Attorney 1801 27h St.,Vero Beach,FL 32960 Telephone: 772.226.1424 TERMINATION OF DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS TERMINATION OF DECLARATION OF COVANANTS, CONDITIONS, AND RESTRICTIONS ("Termination of Declaration of Covenants, Conditions, and Restrictions") is entered into as of the _ day of_, 2015 by and between Indian River County, a political subdivision of the State of Florida ("County") and the City of Vero Beach, a municipal corporation organized under the laws of the State of Florida("City"). WHEREAS, on November 17, 2005, the City purchased 37+/- acres of real property commonly known as the former Dodgertown nine-hole golf course(hereinafter"City Property"); and WHEREAS, on November 17, 2005, the City, Los Angeles Dodgers, LLC (hereinafter "Dodgers") and DT Commons, LLC (hereinafter "DT Commons") executed that certain Second Amendment to the Collateral Development Agreement, recorded on November 17, 2005, which provided in paragraph 3 that the City shall develop the City Property solely as (i) a municipally- owned public golf course, or(ii) green space, or(iii)park-like setting,or(iv)any combination of the foregoing three uses (hereinafter"Use Restrictions"); and WHEREAS, pursuant to said Second Amendment to the Collateral Development Agreement, the City was not to develop and/or permit the use of the City Property for any other use or purpose whatsoever without the prior written consent of both the Dodgers and the County, which consent could be granted or denied by either the Dodgers or the County in the exercise of their respective sole and absolute discretion; and WHEREAS,on November 17, 2005, the City and the Dodgers executed that certain Declaration of Covenants, Conditions, and Restrictions, recorded on November 17, 2005, limiting the City's use of the City Property to the Use Restrictions as stated in the Second Amendment to the Collateral Development Agreement; and WHEREAS, in February 2008, the County succeeded to all interests of the Dodgers in said Second Amendment to the Collateral Development Agreement and Declaration of Covenants, Conditions, and Restrictions, as outlined in Article 3 of the Third Amendment to Facility Lease Agreement dated February 19, 2008, and recorded on March 17, 2008, leaving the County and the City as the sole parties in interest with respect to the documents as they relate to the City Property; and WHEREAS,on June 1, 2011, the County and the City completed an exchange of certain parcels of land included in the original Collateral Development Agreement, dated and recorded on August 29, 2001, in order for the County to develop a cloverleaf ball field on a 11.93 acre parcel (hereinafter"Cloverleaf Property"); and Page I of 3 189 WHEREAS, on May 3, 2011, in light of the Use Restrictions in paragraph 3 of the Second Amendment to Collateral Development Agreement and the County's reserved right of consent provided therein to allow other uses, the County's Board of County Commissioners (hereinafter "Board") adopted Resolution 2011-34, recorded on August 11, 2011, whereby the County gave its written consent to allow the Cloverleaf Property to be developed by the County into (i) baseball fields, or (ii) any purpose consistent with the purposes of the baseball facilities as defined in the 2001 Collateral Development Agreement; and WHEREAS, on June 1, 2011, the County and the City executed the First Amendment to Declaration of Covenants, Conditions, and Restrictions, recorded on August 11, 2011, to remove the Use Restrictions on the Cloverleaf Property and transfer such Use Restrictions to the 10.38 acre parcel the City received in that parcel exchange; and WHEREAS, the City and the County entered into that Interlocal Agreement, recorded on April 21, 2015 and effective as of May 18, 2015, in which the County agreed inter alfa to terminate the Declaration of Covenants, Conditions, and Restrictions and to eliminate the Use Restrictions on the City Property; and WHEREAS,City and County now desire to terminate the Declaration of Covenants, Conditions, and Restrictions, NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Termination of Declaration of Covenants, Conditions, and Restrictions. The Declaration of Covenants, Conditions, and Restrictions, dated and recorded on November 17, 2015 at Page 1961, Page 978 of the public records of Indian River County. Florida and all amendments thereto, are hereby terminated and declared to be of no further force or effect. 3. Recordation. A copy of this Termination of Declaration of Covenants, Conditions, and Restrictions shall be recorded in the public records of Indian River County, Florida. IN WITNESS WHEREOF, the parties have caused this Termination of Declaration of Covenants, Conditions, and Restrictions to be executed in their respective names as of the date set forth above. f:Uro'wryUlm.Wodgerrm+n aor.weKalTrrsenwnon oJDrclnratlon oJCovsnmv+,Cowtitlom..aResMetlaw.doaPage 2 of 3 190 INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and By: Comptroller Wesley S. Davis, Chairman By: BCC approved: Deputy Clerk Approved: By: septi ABiakff d, ounty Adminis tar A proved as to form and legal By: an Reingold,County Attorney CITY OF VERO BEACH,FLORIDA Attest: By: Richard G. Winger,Mayor Tammy Vock,City Clerk Council approved: Approved as to conforming to municipal policy: By: James R O'Connor,City Manager Approved as to form and legal sufficiency: By: Wayne R.Coment,City Attorney F:u,,,„,.,ur.,,n, . aocyw„f,1Tr.w,votlono,a.clanro�oJCovenmvxCo�aaotim.aRrMctlaudua Page 3 of 3 191 Prepared by,record and return to: Office of the County Attorney 1801 27d'St.,Vero Beach,FL 32960 Telephone: 772.226.1424 THIRD AMENDMENT TO COLLATERAL DEVELOPMENT AGREEMENT TERMINATING CERTAIN USE RESTRICTIONS SET FORTH IN THE COLLATERAL DEVELOPMENT AGREEMENT AND TERMINATING THE SECOND AMENDMENT TO COLLATERAL DEVELOPMENT AGREEMENT WITH RESPECT TO CITY PROPERTY THIS THIRD AMENDMENT TO COLLATERAL DEVELOPMENT AGREEMENT ("Third Amendment to Collateral Development Agreement") is entered into as of the _day of , 2015 by and between Indian River County, a political subdivision of the State of Florida ("County") and the City of Vero Beach, a municipal corporation organized under the laws of the State of Florida("City"). WHEREAS, on November 17, 2005, the City purchased 37+/- acres of real property commonly known as the former Dodgertown nine-hole golf course (hereinafter"City Property"); and WHEREAS, on November 17, 2005, the City, Los Angeles Dodgers, LLC (hereinafter "Dodgers") and DT Commons, LLC (hereinafter "DT Commons") executed that certain Second Amendment to the Collateral Development Agreement, recorded on November 17, 2005, which provided in paragraph 3 that the City shall develop the City Property solely as (i) a municipally- owned public golf course, or(ii) green space, or(iii)park-like setting, or(iv)any combination of the foregoing three uses(hereinafter"Use Restrictions"); and WHEREAS, pursuant to said Second Amendment to the Collateral Development Agreement, the City was not to develop and/or permit the use of the City Property for any other use or purpose whatsoever without the prior written consent of both the Dodgers and the County, which consent could be granted or denied by either the Dodgers or the County in the exercise of their respective sole and absolute discretion; and WHEREAS, on November 17, 2005, the City and the Dodgers executed that certain Declaration of Covenants, Conditions, and Restrictions, recorded on November 17, 2005, limiting the City's use of the City Property to the Use Restrictions as stated in the Second Amendment to the Collateral Development Agreement; and WHEREAS, in February 2008, the County succeeded to all interests of the Dodgers in said Second Amendment to the Collateral Development Agreement and Declaration of Covenants, Conditions, and Restrictions, as outlined in Article 3 of the Third Amendment to Facility Lease Agreement dated February 19, 2008, and recorded on March 17, 2008, leaving the County and the City as the sole parties in interest with respect to the documents as they relate to the City Property; and WHEREAS, on June 1, 2011, the County and the City completed an exchange of certain parcels of land included in the original Collateral Development Agreement, dated and recorded on FAA,,.ryW_k0.d,r aorunn IMW A, d—w M C.Um-1 Dew op i Ag.,—.A— Page 1 of 3 192 August 29, 2001, in order for the County to develop a cloverleaf ball field on a 11.93 acre parcel (hereinafter"Cloverleaf Property"); and WHEREAS, on May 3, 2011, in light of the Use Restrictions in paragraph 3 of the Second Amendment to Collateral Development Agreement and the County's reserved right of consent provided therein to allow other uses, the County's Board of County Commissioners (hereinafter "Board") adopted Resolution 2011-34, recorded on August 11, 2011, whereby the County gave its written consent to allow the Cloverleaf Property to be developed by the County into (i) baseball fields, or (ii) any purpose consistent with the purposes of the baseball facilities as defined in the 2001 Collateral Development Agreement; and WHEREAS, on June 1, 2011, the County and the City executed the First Amendment to Declaration of Covenants, Conditions, and Restrictions, recorded on August 11, 2011, to remove the Use Restrictions on the Cloverleaf Property and transfer such Use Restrictions to the 10.38 acre parcel the City received in that parcel exchange; and WHEREAS, the City and the County entered into that Interlocal Agreement, recorded on April 21, 2015 and effective as of May 18, 2015, in which the County agreed inter alia to amend or otherwise modify the Second Amendment to the Collateral Development Agreement and to eliminate the Use Restrictions on the City Property; and WHEREAS, in addition to releasing the City Property from the Use Restrictions set forth in the Second Amendment to the Collateral Development Agreement, the City and the County wish to release the City Property from various other use restrictions set forth in the Collateral Development Agreement, entered into on August 29, 2001, and recorded on August 29, 2001, at Book 1426, Page 596 of the public records of Indian River County, Florida, WHEREAS, City and County now desire to enter into this Third Amendment to Collateral Development Agreement, NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Termination of the Second Amendment to Collateral Development Aareement as to the City Property. The Second Amendment to Collateral Development Agreement, entered into on November 17, 2005, and recorded on November 17, 2005, at Book 1961, Page 985 of the public records of Indian River County, Florida is hereby terminated and declared to be of no further force or effect as to the City Property. 3. Termination of Collateral Development Aareement as to City Property. The provisions of Section 1(B) (Master Plan), Section 1(C) (Hotel), Section 2 (Architectural Review and Approval), Section 4 (Regulations of Operation and Uses) and Section 5 (Cooperation Between Dodgers and Developer; New Player Housing) of the Collateral Development Agreement, entered into on August 29, 2001, and recorded on August 29, F.Wn.WyW-W dVrW—Dxr ,WWMidAw d—fb C.&W-tAs.—d— Pape 2 of 3 193 2001, at Book 1426, Page 596 of the public records of Indian River County, Florida, are hereby terminated and declared to be of no further force or effect as to the City Property. 4. Recordation. A copy of this Third Amendment to Collateral Development Agreement shall be recorded in the public records of Indian River County, Florida. IN WITNESS WHEREOF, the parties have caused this Third Amendment to Collateral Development Agreement to be executed in their respective names as of the date set forth above. INDIAN RIVER COUNTY,FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and By: Comptroller Wesley S. Davis, Chairman By: BCC approved: Deputy Clerk Approved: J By. y' 4 -t — sep 4 h . aird. ounty Alifiniftrakor r Ap ved as to form and legal sufficiency: By: )��Yfan Reingold,County Attorney CITY OF VERO BEACH, FLORIDA Attest: By: Richard G. Winger,Mayor Tammy Vock,City Clerk Council approved: Approved as to conforming to municipal policy: By: James R.O'Connor,City Manager Approved as to form and legal sufficiency: By: Wayne R.Coment,City Attorney F:Ut�rnyUtan4Dodgenmrw D� IrMdAw. *w C.11—,dJ1Arkp—w ASm—d— Page 3 of 3 194 Prepared by: . Office of County Attorney INDIAN RIVER COUNTY 1801 271h Street Vero Beach, FL 32960 772-226-1425 EASEMENT THIS GRANT OF EASEMENT, made and executed this day of , 2015, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTOR, to the CITY OF VERO BEACH, a municipal corporation organized under the laws of the State of Florida, having a mailing address of P. O. Box 1389,Vero Beach, Florida 32961-1389, hereinafter called GRANTEE. WITNESSETH : That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release,, convey, and confirm unto the GRANTEE, a perpetual non-exclusive easement for drainage over, across, and beneath the following described land, situate in Indian River County, Florida, to-wit: See Exhibit "A" attached hereto. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. INDIAN RIVER COUNTY ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Wesley S. Davis, Chairman By: Deputy Clerk BCC approved: Approved as to form and legal Sufficiency: By: Reingold,County Attorney 195 1 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 1 2015, by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, who is personally known to me or who has produced as identification. NOTARY PUBLIC printed name: (SEAL): Commission No.: Commission Expiration: 196 47'EI ',1�'RI�III Iiif 1iF # 28TH STREET ,sBI oom m a 1•-- ; tt - -' �RNa r arm cwi�s oiwer ww u�".'-"�.'.._.._...._._.,iww si7iL�'i7i:� .-"•""'.".._..�.� T��w��~ W45 39—t 9w 589'4W39'E ; I PCMB OF OOMYF]IC1y DIT ! 75.00' NB own BE"0.l-�JO i , ' HOLMAN STADIUM i S IINDIAN RIVER COLNTY I I 32-111-2F401142304=1.0 I DODOERTOIMI►ARCEL 1t O.R.SK 1020,PO SSS I SCALE 1"- 300' I 62.10.25 000,,�2a0000,7 a2ao as 000„-0220oo0o,s I d 1 jDODOERTOWN FARM to DODGERTOM1 PARCAL 2A ; OR.BK 1M1,PO OSS O.R.SK 2SI 7,PO$47 PORTION OF I U CRY OF VERO BEACH CITY Of VERO BEACH DODDERTOWN PARCEL 2-A O.R.BK 1760,PO SU t� ` 01 INDIAN RIVER COUNTY ; Z vl a�D S59ro7'17"W I I 204.7T.' --+ i+—88.00'DRAINAGE EASEMENT 1 s ( 1 N5100'18'W j j OR BOOK 210•PACE 531 L-99.98' i! I R=352.00' 'Ff 09.21' I I CHD 8RC-S5039'09"W ! p{p�gg•63' N00'42'45'E \ 121.82' 1 \ _ a ` POND \ I 502150'58'E .• 1 ;� 30.75' \ POINT of BEG*MMO S89.1r1S'E ( ~ L-37&58' 60.00' \ SUBJECT EASEMENT CHD 8RG-N43Z5'54'E (DRAINAGE) CHD-335.22' PORTION of �\ 20 `•N �' ,'i'/, NO2.50'581W DODOERTOVWIPARCEL SA 103.82' aft.aK2517,P0e61 BDO1N RIVER COUNTY i2JPIIO 0001,-0220-00001.1 CLOVERLEAF SALLFIELD DODWXrCVM PARCEL 3A N131t'02"W �/ �•..i 011A,OR.BK 1001,POOOO 122.26' / ��' R Cm OFVERO BEACH S70'41'41'W N4=15"W 358.64' N70.41'41'E 121.93' 152.87' N73`3eWw19.52! �.•�� 23.21'N191819'W 119.52' '10'23'x( POND / 23.21' ,i•'�� 1-113.01' 119. 2' N6972'53"E .i'�• R-352.00' 586.02' CHO BRG-S5744'47'ELs60.98' CHD-117-52' 122.71' R-80.00' �� SKETCH A �„/ CHD BRG-S88'46'52'E �•�f 18 59.52' CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "B" "`�N0 A,r1NRm.BY DEPARTMENT OF PUBLIC WORKS DRAINAGE EASEMENT TO CITY aTY PRO.ECT NO. DRW BY DAX 2011-EG-100 PORTION OF SECTION 03-33-39 DAZE DRWN BY CHKD BY K$CRIP1KN SURVEY DIVISION s 2014 oc MKF �o 1 a7 \w\ Ci ��((L0� '/' `` + ,t#1"' p\66`? SAT- I 1 NFR Et`RMS '/' Std(\P LLJ LLL 1 /'y tom" H St o 1 cr- /i'/ `` 25 W� 11C Qi 5l �t 1 i1 `�` pNp iptN a A.S, is ` Q ` , •, - �' NA ` ' oG16m /- - - - - m BLOCK 2 so ' 4140 20TII Sr —— IIIeOLL ewsurs N - 90F1eNR eIOLMNIt i % 'Id RPRG°G518 - TRACT A wm s' —R — — — I T\ • \_f7051trG _.._.._.._. ._..—..� n o R/W LIRF .. .—.I_ _.._.._.._.._.._.._.I..—.._.._.._..—..—.._. ....... .._.._.._. _ -- -- _/j1' _ �_ ' STATE 'ROUTE 60 (OSCLOLA OULL'VARO) C\ . EASY 1/4 CORNER) —•--' ruNTLW 100 R W (20111 SIl LLf) .--'— `1/4 SLCTKM LIN( SEC.4-33-39 I C ®2-WERCUS VIRCINIANA-OVBA-(HIGH RISE).3-CALIPER. 12'HIGH 6 J-J.s 39 I 2- MAGNOLIA GRANDIFLA-LITTLE OEM-; 3' CAIPER L .9'MCH ORL� ' 3- STREUTZIA REGINA'BIRD OF PARADISE-: 15 GALLON SIZE I -) 95- CONOCARPUS ERECTUS'GREEN BUTTONWOOD-: 3 GALLON SIZE -- 21- ZALNA PUMILA'COONT3 GALLON SIZE —st-wl•Nx- -- --- Z .._ ._ . ._ .._— ._. 34- LItlOPE MIISCARI "EMERALD GODDESS-: 3 GALLON SIZE J'7 500-ST AUGOSTINE-iLORATAM' Q 40.W7aL0' •---I MULCH ALL PLANTING AREAS Cl I i NOTES: ALL TREES AND PLANTS SHALL BE FLORIDA Na 1 GRADE OF BETTER s N I s TREES SHALL BE STAKED WITH 2'u4"S OF WEBBING IN ACCORDANCE WITH COMMON LANDSCAPE PRACTICES . ( AUTOMATIC IRRIGATION SYSTEM TO BE DESIGNED AND INSTALLED M ALL LANDSCAPE AREAS INDIAN RIVER COUNTY Iros R"" m "L 43rd AVENUE AND STATE ROAD 60 1Wa sr ®DEPARTMENT OF PUBLIC WORKS uw - CURE PLAN KACK n 32e `O1Deo ENGINEERING DIVISION +�� Res - 1 se/-aWO �O 00 County Attorney's Matters-B.CC 7.1 1.15 WE Office of a INDIAN RIVER COUNTY W ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County_-Attorney Kate Pingolt Cotner,Assistant Count}-attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 1, 2015 SUBJECT: Resolution Supporting Extension of One-Cent Optional Sales Tax BACKGROUND. Section 212.055(2), Florida Statutes authorizes counties to levy the Local Government Infrastructure Surtax ("Optional Sales Tax") at a rate of up to 1.0 percent. The levy of this sales tax shall be pursuant to an ordinance enacted by a majority of the members of the Board of County Commissioners of Indian River County (the "Board") and approved by the voters in a countywide referendum. The Optional Sales Tax was first approved by the voters in 1989 for a period of fifteen (15) years. In 2002, the voters approved an extension of the tax for a period of fifteen(15) years and seven (7)months. This second term is set to expire on December 31, 2019. In order for another extension of the Optional Sales Tax to be considered on the November 2016 ballot, referendum language must be submitted to the Supervisor of Elections no later than August 31, 2016. On June 23, 2015, the Board authorized staff to draft a resolution in support of an extension of the Optional Sales Tax, prior to seeking such support from the municipalities in Indian River County. The projects which have been funded with the Optional Sales Tax and the benefits of such Optional Sales Tax were described in the materials presented to the Board on June 23, 2015. Pursuant to such direction, the County Attorney's Office has drafted the attached resolution supporting the extension of the Optional Sales tax for another fifteen years. Indian River Co. Ap r ved Date Approved for July 14,2015 BCC Meeting Admin. ZYZQ County Attorney's Matters Co.Atty. Budget (e 05 Department Risk Management --- COUNTY ATTORNEY F.A-myJ ud.1GEVFY1AL,B C C',4Vdo.We Opno.nl Sol,T Reso199 Board of County Commissioners .July 1, 2015 Page Two FUNDING. There is no funding associated with this item. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment an this matter and then have the Board vote whether to accept the resolution as drafted or amend the resolution. ATTACHMENT(S). Proposed resolution. F.-1Aff nyV.,.ia'GEAZUVB CS2W T Rstaiem Ax 200 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY EXPRESSING SUPPORT FOR CONTINUATION IN INDIAN RIVER COUNTY OF THE LOCAL GOVERNMENT INFRASTRUCTURE ONE-CENT SALES SURTAX/DISCRETIONARY SALES SURTAX AUTHORIZED PURSUANT TO SECTION 212.055, FLORIDA STATUTES. WHEREAS, Section 212.055, Florida Statutes, authorizes a county discretionary sales surtax of up to one cent for a period of up to fifteen years, if approved by the voters of the county, for the funding of infrastructure of the county and municipalities within the county; and WHEREAS, the voters of Indian River County approved the one-cent discretionary sales surtax for a period of fifteen years at a referendum held on March 14, 1989; and WHEREAS, in 2002, the voters of Indian River County approved an extension of the one-cent discretionary sales surtax until December 31, 2019; and WHEREAS, the revenue from this tax has helped to reduce the burden on property taxes within Indian River County; and WHEREAS, the revenue from this tax results in lower overall impact fees through assisting with providing an environment favorable to economic development; and WHEREAS, a continuation of this tax beyond the expiration date of December 31, 2019, will be in the general interest by allowing tourists and other visitors to Indian River -County to help pay for some of the amenities which they enjoy here; and WHEREAS, before moving forward with enacting an ordinance and taking the issue to the voters, the Board of County Commissioners of Indian River County wishes to express its support of extending the tax and also seeks such support from the municipalities within Indian River County, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: Section 1. The above"WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Board. Section 2. The Board of County Commissioners of Indian River County expresses its support of extending the discretionary sales surtax of up to one cent. F.Unr yVJd.1GEXEMDh hW— Page I of 2 201 RESOLUTION NO. 2015- The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2015. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY,FLORIDA By: By: Deputy Clerk Wesley S. Davis, Chairman BCC approval date: July . 2015 Approved as to form and legal sufficiency: By: ylan Reingold, County Attorney Page 2 of 2 202 0 -7//'/ /ao1 BOARD OF COUNTY COMMISSIONERS 3 OFFICE OF COUNTY ATTORNEY ER co Dylan Reingold,County Attorney Q �� William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney ORIM Q' July 14, 2015 Deb Branwell Town Manager TOWN OF ORCHID 7707-1 U.S. Highway 1 Vero Beach, FL 32967 Dear Ms. Branwell: Please find enclosed a copy of a resolution of the Indian River County Board of County Commissioners expressing support for extending the discretionary sales surtax of up to one cent,which is set to expire on December 31, 2019. The Board is considering having the issue presented to the voters of Indian River County on the November, 2016 ballot and would like your municipality's support. I welcome an opportunity to meet with your council to discuss adoption of a similar resolution. Yours truly, Dylan Reingold County Attorney DR/nhm enclosure 1801 27th Street,Vero Beach,Florida 32960-3365• (772)226-1424• Fax (772) 569-4317 202 .3 BCC AGENDA July 14, 2015 ITEM 14.13 (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 7, 2015 SUBJECT: FPL Okeechobee Energy Center FROM: Commissioner Bob Solari I would like to discuss with the Board the appropriateness of an industrial facility drawing down approximately 9,000,000 gallons a day from the aquifer adjacent to Indian River County. Thank you. 203 IRNA Statement to BCC July 14, 2015 Meeting Regarding Commissioner Solari's request for a discussion of the water withdrawl by Florida Power and Light's gas plant. IRNA recommends that your Board request that the St Johns River Water Management District be asked to send a representative to a meeting of your board to provide information about the application of Florida Power and Light's gas plant to withdraw approximately 9 million gallons of water per day. Because this is a very large amount of water to be pumped from the same aquifer upon which our county depends for its potable water, we suggest that there is a direct need for your Board to be fully informed about this project. The District will be reviewing and handling the issues of water withdrawal as part of the plant's application to the Florida Department of Environmental Protection. While the District will not be the determining agency regarding FPL's application, it is the agency that will be recommending to DEP their recommendations regarding approval or disapproval for the withdrawal of water. Approval would include guidelines, conditions, and compliance requirements for the withdrawal. Questions which we suggest that your Board ask of a District representative: (1) IRC would like an explanation of the review and approval process that will be used to consider FPL's application to withdraw and use between 9 and 11 million gallons of water per day. (2)How can IRC be assured that the FPL plant's pumping from the Upper Floridan Aquifer not negatively impact that resource for our use? IRNA is concerned about the proposed withdrawal of such large quantities of water by one institutional entity. The public needs to be informed, and our county needs to make sure its interests are protected. � 0 FPL.momm/AYf ordableCteanEmergy Powering the needs of Florida's growing and economy At Florida Power & Light Company, we invest continuously in our infrastructure to ensure we can deliver reliable supply Ufaffordable, C|8GD energy to our customers - 24 hOU[S every daV - nOVV and iOthe future. Powering Florida Why more power is needed VVeserve our customers using adiverse mix of There are several major reasons why additional firm nnaou,oea, including energy efficiency, wholesale power generation is needed: electricity purchased from non-FPL power generators x Growing population-FPL serves approximately and FPUn advanced fleet ofpower-genaration facilities 4.8 million customer accounts in the otate, a number fueled by natural 0an, solar, nuclear and other sources. expected to increase by 2019 to 5 million accounts To ensure we can continue to meet our customers' -a*rving approximately 10 million people. Florida future energy needa, we conduct ongoing, in-depth is now the third most-populous state in the nation, planning. Based on our current 10-year outlook, filed adding more than 3OU.0UOnew residents in 2014. with the Florida Public Service Commission (PSC). » Expanding economy- Population growth and we project a need for more than 1.000 megawatts of increased business activity are major drivers of the additional firm power generation beginning in2O18- state's strong economic growth. and more in the years that k>||ovv. ^ Plant netironnento-Ao older, inefficient power Our projected need for power takes into account plants reach their retirement, customers benefit when substantial energy conservation and FPUothnee new we invest in c|ean, high'effioienoyanergy centers large-scale solar plants, which vveexpect tocomplete fueledby natural gas, solar and nuc|ear-raduning late next year. air emissions and saving our customers money on fuel costs. Florida's ���U��~�� ��� economy are~ .~- .~~~~ ~~ �=~~��~~.==~"~~~ . ��. .~= ~~~~~~~ .=~...� ~=. ~� ��. ~�~~°~ .�� FPL needs firm new power HwIlille Pmufation FPLKuwtomw Accounts generation 0omeet the energy mu 5.0- needs of Florida's growing uneedoofRoddasQnawimg population and expanding ma 4.8- economy. We also continue .8goonorny. VVeedooconUnue to retire older, m inefficient .0 4.6- power plants and make smart 1».8 4,4- investments in new clean energy haoi|itieo-mavnQcuebornora 18.4 4.2- money on fuel costs and .omonoyonfue|oostsand reducing air emissions. 18.0-1 *D emu 201/ xo/u omx mn* smw 2019 OM*" Source:u.a.Census Bureau '�v� 1�� 7 . c~ How we'll meet Florida's growing energy needs We work to identify the most cost-effective options for meeting our customers' power Current schedule needs. In Mavoh, we issued aRequest for Proposals(RFP)tosolicit bids from interested power providers for firm and diopatohab|egeneration starting in2O1Q. VVeissued the RFP in S|mu|tannnuo|� �e'radfmo|opinQ �|ansforan�wFPLo|eonen�rgyo�nhecThe March 2015. Following proposed facility would be fueled by clean, U.S,-produced natural gas and located on comprehensive analysis by the independent evaluator FPL-owned property innortheastern Okeechobee County. and FPL, afinal selection ia Responses to the RFP will be analyzed and compared to our proposed new facility. expected this summer, Two separate, comprehensive evaluations-one by FPL and the other by an outside, Should the RFP process indopendenteva|uetor-vviUbeoonduutedtoidentifythe best option for our customers. select our proposed If the RFP process determines that FPUs proposed new clean energy center is the best Okeechobee Clean Energy option,we would move forward with seeking permission from the Florida PSC to advance Center aethe best option, the project and begin an extensive permitting process before construction could begin. our plans would undergo a comprehensive review by Proposed clean energy center county, state and federal If selected as the best option, our proposed Okeechobee Clean Energy Center would agen«iea-a|angthy be the cleanest, most efficient ofits kind inthe nation.The new facility would have process likely tolast a generating capacity of approximately 1,600 megawatts—enough to deliver power 14-1Gmonths. around-the-clock to more than 300,000 homes starting in June 2019. Developing a There would bemultiple 1,600-megawatt facility would be the most cost-effective option for our customers opportunities for public compared to building a smaller plant-and then having to build another facility soon input throughout the after. review process. FPLsestimated 01.2billion investment would create 3O0good-paying jobs onaverage |fthe project were to during the two-year construction schedule-as many as 600 during peak work times, receive all needed The facility also would produce tens of millions in new tax revenue for the local economy. approvals, construction Plans for the Okeechobee Clean Energy Center are still inthe early stages cd would take nearly two years development, and there are many details that need to be decided. If the facility is before the plant begins chosen as the best option for customers and the project moves forward,we will post operating inJune 2819' information about job and business opportunities onour website at: FPL'com/AffonJab|eC|eanEnergy. Our commitment Questions We're committed tosharing information and maintaining an open dialogue with or comments? customers, public officials, the local community and interested stakeholders throughout yyewelcome your feedback the development nfour proposed new facility. regarding our proposed new Okeechobee Clean Indian fliver Osceola County Energy Center. You may submit questions or Potential Vero comments via email to: Plant Site each Affondab|g(}|eonEnergy@ Atlantic FPLcom Ocean Okeechobee County See our website FPL'cmmn/ 0 Okeechobee AffwrdabUeCUeanEnergy N FPL Serv, Are. E]Area of Detail Lake Okeechobee Our new clean energy center would be located on FPL-owned property in northeastern � /(�7 Okeechobee County. ^��/ � ' ~' July 14, 2015 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 8, 2015 SUBJECT: FAC Growth Management, A , & Environmental Policy Co-Chair FROM: Peter O'Bryan W ��() Commissioner, District 4 Gentlemen, I have been appointed as a Co-Chair of the FAC Growth Management, Ag& Environment Policy Committee. As you know the next Legislative session begins in January and the first FAC Policy conference is being held August 26-28. Attached as backup are the 2014/15 FAC policy positions on Growth Management,Ag, and Environment. Please review and provide any comments on the policy positions or any new positions that you would like me to pursue. 204 ri.oxtt�� ixri�nt 2014-15 Legislative Program Pho[ic: 8A-922-1300 lax: 850-468-7501 GROWTH MANAGEMENT IMPLEMENTATION Developments of Regional Impact: SUPPORT legislation that strengthens intergovernmental coordination processes to ensure that land development projects resulting in adverse impacts on a neighboring jurisdiction are properly mitigated by the approving jurisdiction. Local Regulations / Private Property Rights: SUPPORT an amendment to the Bert Harris Act (s.70.001, Florida Statutes) to specifically provide that a county's adoption of federal Flood Insurance Rate Maps (FIRM) and implementing regulations do not give rise to a cause of action under the Bert Harris Act. Growth Management Reform: The growth reforms of 2011 represented the most significant changes to the state's planning laws in more than 25 years. While FAC does not oppose the revised planning process, it believes that no further revisions should occur without first evaluating the impact the 2011 changes have had on the economy, the environment, local and regional infrastructure, and community development. Accordingly, until such an evaluation takes place, OPPOSE any further reductions in state planning oversight or other efforts preempting local planning decisions. Expedited State Review: SUPPORT changes to the Community Planning Act that would allow small counties to request the "State Coordinated Review Process" be used for the review of complex plan amendments. Concurrency: In the absence of state-mandated transportation concurrency, and to ensure that the roads needed to support new development are concurrent with the impacts of development, SUPPORT county home rule authority, and current statutory provisions, which allow counties to retain their current transportation concurrency systems, as adopted by local ordinance. Rural Growth: FAC recognizes that rural areas play an important role in our state's economy, environment, agriculture, and cultural history. However, from a planning perspective, these areas have received much less attention than their urban and suburban counterparts. In view of this, SUPPORT the following: 205 �Al 2014-15 Legislative Program • Restoring the full amount of local technical assistance monies ($3.2 million) to the Department of Economic Opportunity, as originally provided under SB 360 (2005); • Targeted technical assistance to small counties for specific comprehensive planning functions, including Rural Land Stewardship Area (RLSA) issues; and Proportionate Fair-Share Mitigation: SUPPORT major revisions to the proportionate share statute to ensure that: (1) the funding formula and its application are clear and unambiguous; (2) local governments can determine if the payment is adequate to satisfy the concurrency management system; (3) each development can be charged its proportionate share of road improvements when the road is deficient or when development causes the road to become deficient; and, (4) development is not charged for existing deficiencies or backlog. REGIONAL PLANNING Regional Planning Councils (RPCs): SUPPORT full funding of regional planning councils to, at a minimum, cover the costs of statutory responsibilities, and to support enhanced economic development activities. OPPOSE legislation prohibiting or restricting the ability of a regional planning council to provide planning and technical service to its local governments. AFFORDABLE HOUSING Affordable Housing: SUPPORT retaining the full amount of dedicated documentary tax revenues to fund state and local affordable housing programs. 206 r3.oRm� AIA*.W nrs 2014-15 Legislative Program A�AYM llwti AGRICULTURE Agricultural Protections: SUPPORT policies and legislation that curb abuse of statutory agricultural protections by real estate speculators and developers, while protecting principles of investment backed expectation. Rural and Family Lands Protection Act: SUPPORT funding the Rural and Family Lands Protection Act to allow for the purchase of rural lands protection easements to prevent the subdivision and conversion of such land into other uses. Rural Land Stewardship Areas (RLSAs): SUPPORT Rural Land Stewardship Areas (RLSAs) to maintain the economic value of rural land in Florida, protect the character of rural areas, ensure the viability of our agricultural economy, and control urban sprawl. SUPPORT local match funding for technical assistance and planning needed by local government to implement RLSAs. Sustainable Agriculture Incentives: SUPPORT legislation that encourages and incentivizes sustainable agriculture, and the maximization of local food production. Citrus Greening: SUPPORT state, federal and local efforts to include research and assist the citrus industry in addressing and controlling the damage and threat caused by citrus greening/Huanglongbing (HLB). LAND CONSERVATION 'i .c t .•fs,. .. ,,� ��. '. .�.< Ariendtt: laFalar G dire dor, aiaunsa ti r. ti4 `:. ! ! ,� .. •i"..4. -§ yr ".> t+ y:�r.e. can other ruses.allowe�ii1 tn3 -` 1metd en 1. SUR tl'i chtiiitiet�fundt .oe Water M ia ement I:ands Itu"' #~und and.the annual ' sere -fflr a ; ,:.errt Yii (ieu_Qf 207 �M FIA3Rw+ (MNMES AfAW./( 2014-15 Legis/ative Program rib BEACHES AND SHORES Beach Renourishment: SUPPORT the continuation of a statutory funding source for beach renourishment. SUPPORT a cost-benefit and needs analysis of beach funding and an increase in state funding levels over the current amount of$30 million, which is no longer sufficient to sustain the program. SUPPORT a significant increase in statutory funding levels for beach projects as part of any implementing legislation related to Amendment 1, which passed in the November 2014 general election. SUPPORT the revision of statutory criteria for the annual ranking of beach projects for state cost sharing, specifically, criteria that recognize economic benefits and cost- effectiveness, the reduction in storm damage, and the ability to leverage federal dollars. Beach Access: SUPPORT the preservation of public access to and along beaches and state water bodies and county regulatory authority. Working Waterfronts: SUPPORT funding sources and statutory provisions to assist local governments with: 1) the acquisition of property or development rights, 2) the preservation of commercial working waterfronts; 3) the improvement of recreational opportunities and public access. Vessels and Waterways: SUPPORT continued state funding of derelict vessel removal. SUPPORT continued state and local regulation of vessels, mooring fields, bulkheads and seawalls, floating vessel platforms, and seagrasses. SUPPORT greater county authority to regulate vessels in navigation outside of designated mooring fields. LAND USE REGULATION Billboards: OPPOSE legislation that preempts or dilutes local government's ability to establish and maintain local ordinances which regulate billboards and outdoor advertising. Dangerous Captive Wildlife: SUPPORT enhanced interagency coordination between the counties and the Florida Fish and Wildlife Conservation Commission (FWCC) relating to land use regulations regarding dangerous captive wildlife. SUPPORT the listing of iguanas as a "reptile of concern"or, in the alternative, removing the current Class III permitting exemption. 208 Fl f�R USA 2014-I5 Legislative Program AAiw./lnY. Mining: OPPOSE any reduction in the county government role in siting mines for the production of construction aggregate or other minerals. OPPOSE any reduction in county authority to regulate local concerns relating to the operation of mines including, but not limited to, hours of operation, noise, traffic and dust. ENERGY Incentives: SUPPORT incentives for local governments to assist in state energy policies such as green building and carbon emission reductions, and the technical assistance to implement these programs. Climate Change: SUPPORT a comprehensive state climate change action plan, with energy policies and other initiatives to reduce carbon dioxide and other compounds in the atmosphere and address ecosystem sustainability, long term water supply, flood protection, public health and safety, and economic growth and prosperity. SUPPORT state and federal recognition of adaptation and mitigation as critical to any climate change plan, and the funding necessary to assist local governments in developing and implementing climate change initiatives. Renewable Energy: SUPPORT streamlining the permitting and regulatory processes for solar products and installers. SUPPORT legislative incentives to encourage net metering and feed-in tariff programs, and the regulatory clarification that net metering should apply to each customer, rather than each meter, so that condominiums and other multi-unit buildings with a single solar system can apply the benefit to multiple users. SUPPORT a Clean Portfolio Standard (CPS), or alternatively, a Renewable Portfolio Standard (RPS) for the State of Florida. SUPPORT legislative authorization for solar energy product manufacturers to train contractors and supervise installation without being required to obtain a contracting license. SUPPORT Incentives to promote the use of solar power purchase agreements and solar leases. Additionally, SUPPORT statutory authorization, if needed, for local governments to create energy financing districts on a voluntary basis. ENVIRONMENTAL PERMITTING Delegation: SUPPORT increased delegation to local government where resources exist to accept partial or complete delegation of state environmental regulatory programs. OPPOSE mandatory delegation as many local environmental programs seek only to fill in the gaps of state and federal regulatory programs. Permit Streamlining: SUPPORT legislation that is thoroughly vetted with all stakeholders, and that takes a targeted approach to increasing regulatory efficiencies, 209 r��xnx� 2014-15 Legislative Program rather than broadly preempting local government authority. OPPOSE legislation that prevents counties from having local environmental programs that are more stringent than state or federal regulatory programs. Conservation Lands: SUPPORT legislation that provides future state funding for the management and maintenance of conservation lands transferred to county control. SUPPORT improved management of state conservation lands and increased public access to those lands. SUPPORT the authority of county government to purchase and sell conservation lands in accordance with local needs, charter requirements, ordinance requirements or financial capacity. Sovereign Submerged Lands: SUPPORT the current case law definition of the "ordinary high water mark" which delineates state lands from private lands. OPPOSE any changes having the effect of transferring large quantities of wetlands and uplands from state ownership to private ownership. SOLID WASTE Solid Waste Funding: SUPPORT reinstating state funding of Solid Waste Management Grants. SUPPORT maintaining the waste tire fee as a dedicated revenue source for funding mosquito control programs and waste tire recycling. Solid Waste Regulation: OPPOSE any diminution of county authority to franchise and otherwise regulate construction and demolition debris (C&D) haulers, recyclers, or disposal facilities. Recycling: SUPPORT legislation that provides appropriate resources and incentives to local governments to achieve statewide recycling goals. SUPPORT a recycling credit for all recycled materials including municipal biomass and other waste-to-energy processes. OPPOSE legislation that imposes fees or taxes on local governments for collecting waste, which is an essential governmental service. Any recycling plan promulgated by the state must consider market and state-wide economic conditions. SUPPORT removing the exemption in s.403.7046(3), F.S., so that local government may require commercial establishments to convey source-separated recovered materials to the local government or to a facility designated by the local government for recycling. DOMESTIC WASTE Land Application of Septage: SUPPORT legislative policies that recognize the challenges of septage disposal in rural counties without adequate treatment facilities and Class I landfills, and the prioritization of funding for the construction of such facilities and associated infrastructure. 210 �M kY-fM" `:x?nay 2014-15 Legislative Program N AirtlM+iM Central Sewer Systems: SUPPORT the authority of county government to require mandatory connection to central sewer systems as they become available. WATER RESOURCES Water Funding: SUPPORT legislation that enhances regional and local financial capacity to address water supply development and the flexibility of all available funding sources. SUPPORT the funding of the Water Protection and Sustainability Program within the Department of Environmental Protection for the development of alternative water supplies, water quality improvement projects, and comprehensive water infrastructure needs. SUPPORT sustained commitment of state resources for regional systems of statewide importance, such as rivers, springs and the Everglades. SUPPORT renewed funding for alternative water supply projects, conservation, and the TMDL program. Water Supply: OPPOSE any shift of the water supply allocation process from publicly regulated to a market driven process. SUPPORT the fundamental principles of Florida water law which: • Requires demonstration that a proposed use of water is a reasonable- beneficial use, will not interfere with an existing legal use of water, and is consistent with the public interest to protect water and related natural resources. • Establishes a right of use, not a right of ownership. • Provides for"local sources first"—that is, a county in which water is withdrawn shall not be deprived directly or indirectly of the prior right to reasonable and beneficial use of water to supply the needs of its natural systems, property owners, or inhabitants. OPPOSE any state-wide water commission or"water czar"which would redefine the water supply relationship among the state, water management districts, and local governments. SUPPORT the enhancement of local government participation in the water management district planning, permitting and regulatory processes, including proposed reservations, minimum flows and levels, and recovery and prevention strategies. SUPPORT removal of the current sales tax exemption on bottled water. Water Quality: SUPPORT measures to preserve county authority to address water quality problems and the flexibility to craft solutions at the local level. Indian River Lagoon & Lake Okeechobee Basin: SUPPORT state funding for the construction of additional water storage and water quality treatment facilities within the 211 17ARUN (X)t;N-TUx AM 2014-15 Legislative Program Lake Okeechobee, Caloosahatchee, St. Lucie and Indian River Lagoon watersheds. SUPPORT state funding for domestic wastewater infrastructure that would reduce nutrient loading from septic tanks within the Lake Okeechobee Basin. Springs Protection: SUPPORT state funding for nutrient load reduction programs within Florida's springsheds. SUPPORT state funding for projects that will improve water quantity and water quality within Florida's springsheds. Fertilizer: SUPPORT the authority of county government to regulate the use and application of fertilizer to protect water quality. SUPPORT the "Florida Green Industries Best Management Practices"as a basic level of water quality protection, with more stringent protection authorized to address water bodies in need. SUPPORT legislation that would allow counties to develop regional approaches to nutrients, fertilizer, and other water quality issues that take into account particular local concerns relating to geology and hydrology. UTILITIES SUPPORT legislation that encourages and supports "goal-based water conservation initiatives through permit incentives and the use of conservation best management practices developed by the utility industry. SUPPORT legislation that recognizes the responsibility and authority of local government utilities to establish rates and rate structures to allow for flexibility in the provision of services and the sustainable funding of operations. Utility Certification : SUPPORT legislation that requires the PSC to consider local county comprehensive plans in determining whether to grant a certificate to a private utility. OPPOSE legislation that would amend the PSC statute to disregard a demonstration of need in determining whether to grant a certificate to a private utility. Utility Liens: SUPPORT legislation to amend Section 159.17, Florida Statutes, to authorize counties — as well as municipalities —that issue revenue bonds to place liens on properties served by any water, sewer or gas systems for service charges until paid, which liens shall be prior to and on parity with state, county and municipal tax liens. Stormwater Fees: SUPPORT legislation to amend Section 403.0893, Florida Statutes, to provide authorization for stormwater utilities to charge and collect user fees from all beneficiaries of the stormwater utility system. 212 }'WRIDA 2014-15 Legislative Program OTHER Community Resiliency: SUPPORT increased funding for infrastructure projects and planning activities to facilitate the prevention of and recovery from damage to essential transportation systems, water management systems and national resources as a result of natural and/or disasters. Water Management Districts: SUPPORT legislative priorities which require adjacent water management district to collectively implement recovery and prevention strategies to address water bodies that fall below, or are projected to fall below applicable MFLs. 213 July 14, 2015 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 9, 2015 SUBJECT: EMS Supervisors and Paramedic Training FROM: Tim Zorc Commissioner District 3 1 would like to discuss EMS Supervisors and Paramedic Training. 214 Nv INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT �t A ` BOARD MEMORANDUMNV Date: July 1, 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 Subject: Work Order No. 1 to SCS Engineers for Household Hazardous Waste Procurement Services DESCRIPTIONS AND CONDITIONS: The Solid Waste Disposal District (SWDD) is responsible for providing for the collection, transportation, and proper disposal of household hazardous waste (HHW) discarded by residents within Indian River County at the Customer Convenience Centers and Landfill. Historically, we have utilized a piggy-back process from other local and state contracts to provide HHW recycling and disposal services to our residents. We are currently using US Ecology/Environmental Quality Company that has a contract with Hillsborough County. However, our rates for these services are continually increasing. For example, in Fiscal Year (FY) 2012/13 we expended $76,978.92; in FY2013/14 we expended $104,063.60 and so far in the current FY2014/15 we have expended $160,685.14 to date with three more months remaining. A competitive procurement process will help Indian River County evaluate trends, technologies, and rates to enhance the services while minimizing costs to our residents and businesses. SCS Engineers (SCS) has a contract with Indian River County for Consulting/Professional Services, dated December 6, 2011, and the Extension and Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014. Staff requested and received the attached proposal from SCS Engineers for development of a HHW and Special Waste collection service bid package to procure services for proper recycling and/or disposal. ANALYSIS: SCS has prepared Work Order No. 1, for procurement services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization tasks in a lump sum in a sum not to exceed $9,750.00. Under Task 1 SCS will assist SWDD in helping to develop specifications and conditions for the bid package. At the outset, SWDD staff will provide pertinent details on the current HHW collection program. Similar HHW and special waste collection bid packages will be collected from similarly- SWDD Agenda-WO No 1 SCS Engineers Solid Waste Procurement Services Page 1 of 2 215 sized Florida counties. This benchmark information will then be used to develop a specific set of technical specifications and conditions for the bid document. SCS will also prepare the required vendor bid forms to accompany the bid package. These materials will then be submitted to SWDD staff for its review and approval. Under Task 2, SCS will attend the pre-bid meeting and will assist in review of the vendor submittals. FUNDING: Funding for the Solid Waste Procurement Services is available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. ACCOUNT NO.: Description Account Number Amount Engineering Services 41121734-033130 $9,750 RECOMMENDATION: SWDD staff recommends that its Board approve and authorized the Chairman to sign the attached Work Order #1 SCS Engineers dated July 1, 2015 in the amount of $9,750 for HHW Procurement Services. ATTACHMENT(s): 1) Work Order No. 1—SCS Engineers APPROVED FOR AGENDA: Indian River Co. Approved Date By: L Administration /Idu -' 9 Josep A. Baird, County Administrator Legal LVTV 1W\ F Q BudgetIry 7 Q il D- apf SWDD Ali sWDD-Finance 1 i Cp Purchasing SWDD Agenda-WO No 1 SCS Engineers Solid Waste Procurement Services Page 2 of 2 216 WORK ORDER NUMBER 1 Household Hazardous Waste Services Bid Document This Work Order Number I is entered into as of this day of , 201_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated December 6, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement'), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and SCS Engineers ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference, The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 2 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. 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 SCS E gi e s ,,� OF INDIAN RIVER COUNTY B By: Title `31ZaJ C''C: �� /c'_c"� r'✓L Wesley S. Davis, Chairman_ BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller BY: Deputy Clerk Approved: ; �- V 4 oseph . Baird, ClountyAdmlnlfl rotor Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 217 Environmental Consultants 4041 Park Oaks Blvd. B13 621-0080 and Contractors Suite 100 FAX 813 623-6757 Tampa, FL 33610-9501 www.scsengineers.com July 1, 2015 EXHIBIT A File No.090311215 Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County—Solid Waste Disposal District 132574 h Avenue SW Vero Beach ,FL 32968 Subject: Work Order#1 — Household Hazardous Waste Bid Services — Indian River County, Florida Dear Mr. Mehta: SCS Engineers (SCS) is please to present the following proposal for development of a Household Hazardous Waste(HHW) and Special Waste Collection Services Bid Package. SCOPE OF SERVICES - EXHIBIT A Task 1 — Development of Technical Specifications and Conditions SCS will assist the County in developing specifications and conditions for the County's bid package. At the outset, the County will provide pertinent details on the current HHW collection program. Similar HHW and special waste collection bid packages will be collected from similarly-sized Florida counties. This benchmark information will then be used to develop a specific set of technical specifications and conditions for the bid document. SCS will also prepare the required vendor bid forms to accompany the bid package. These materials will then be submitted to the County for its review and approval. Task 2 — Assistance During Bid Evaluation A representative of SCS will attend a pre-bid meeting with the County. Once bids are received, SCS will assist the County in review of the required vendor submittals. SCS appreciates the opportunity to assist you with this project. Please call Bruce Clark at 813- 727-0541 if you have any questions or need anything else. Offices Nationwide 218 Mr. Himanshu H. Mehta, P.E July 1 , 2015. Page 2 Sincerely, Bruce J. Clark, P.E. Marc J. Rogoff, Ph.D. Project Director Project Director SCS ENGINEERS SCS ENGINEERS MJR/BJC 219 Mr. Himonsliv H. Mehta, P.E July 1 , 2015. Page 3 FEE SCHEDULE — EXHIBIT I Task No. Description Amount 1 Development of Technical Specifications and Conditions 8,250 2 Assistance During Bid Evaluation 1,500 Total 9,750 220 Mr. Himanshu H. Mehta, P.E July 1 , 2015. Page 4 TIME SCHEDULE — EXHIBIT 2 Task No. Description Days to Complete 1 Development of Technical Specifications and Conditions 30 2 Assistance During Bid Evaluation 7 221 � ? INDIAN RIVER COUNTY -: 'v'�kc SOLID WASTE DISPOSAL DISTRICT ,k t , . ;,LcoA BOARD MEMORANDUM Date: July 6, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal Districtrn Subject: Single Stream Recyclables Transfer, Processing and Marketing Agreement Update DESCRIPTIONS AND CONDITIONS: On August 21, 2012, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the Recyclables Transfer, Processing and Marketing Agreement to Resource Recovery Systems, LLC d/b/a ReCommunity ("ReCommunity"). This agreement was in response to RFP No. 2012023 for dual-stream recycling services for a five (5) year term commencing on September 1, 2012 with an optional five (5) year extension. The agreement included a provision for transitioning into single stream recycling with at least one hundred and eighty (180) days advance notice from SWDD and a five (5) day confirmation of acceptance from ReCommunity. On March 18, 2015, the SWDD Board approved single stream recycling collection as contemplated in the 2014 SWDD Master Plan. SWDD staff notified ReCommunity of the change to single stream recycling in accordance with our agreement. ReCommunity declined the opportunity to transfer, process and market single stream recyclables from IRC; however, ReCommunity is willing to assign the current agreement, with written consent from SWDD, to Tropical Exchange Corp., a Florida Corporation, d/b/a Tropical Recycling out of West Palm Beach, Florida. Tropical Recycling, indirectly through a relationship with ReCommunity, has been handling the transportation, processing and marketing of our dual-stream recyclables for the past several years through their West Palm Beach facility. There has never been an interruption in service nor any issues with receiving monthly payments.Tropical Recycling has proposed to process single stream recycling at a facility in North Miami, Florida. Please find attached the First Amendment to and Assignment of Recyclables Transfer, Processing and Marketing Services Agreement and Estoppel for Board approval. SWDD Agenda-Single Stream Recyclables Transfer,Processing and Marketing Agreement Update Page 1 of 3 222 ANALYSIS: The current agreement with ReCommunity contained a provision for ReCommunity to consider the acceptance of single stream materials at a processing fee of $78 per ton. This was an expected increase from the $59.49 per ton dual-stream processing fee. Hypothetically, if we applied the Consumer Price Index adjustment to these fees since 2012,the 2015 rates would equate to $79.90 per ton for single stream and $60.94 per ton for dual-stream materials. The current agreement is based on a payment methodology using an Average Market Value (AMV) approach wherein both the set composition of our materials and the monthly Southeast USA regional average commodity prices for the materials are used to cover the transportation, processing, and marketing services. If the AMV was above the processing fee,the agreement included a 75.1%revenue share to SWDD of any revenue above and beyond the processing cost. However, there was no payment to ReCommunity if the AMV was below the processing fee, i.e., ReCommunity bore the total risk of a depressed market. In terms of the assignment, ReCommunity is a willing party in that this allows them an opportunity to terminate their part in the contract while allowing SWDD an opportunity to continue the framework of the agreement with Tropical Recycling. Tropical Recycling is interested in providing a seamless transition to SWDD; however, has requested additional considerations in the assignment due to the current depressed market, their additional transportation costs, and to protect their financial investments. Specifically, Tropical Recycling has requested 1) a total processing rate of$88 per ton with the same 75.1% revenue share; 2) a base term of five (5) years with an option for an additional two (2) year term with mutual agreement between both parties; and 3) to apply any negative balance to offset future payments; however, SWDD is not responsible for any negative balance upon termination of this agreement. Staff concurs that in the last year the market prices for recycled materials have declined substantially. In fact, commodity pricing is at a historic low. At the time we issued the original RFP in November 2011, the AMV was at $175 per ton; however, in June 2015, the AMV is $85 per ton. This is related to the drop in oil prices, other global economic factors and some increase in contamination of single stream materials.As a result,there is a likely trend that recycling processing services will likely become a net cost to SWDD at current market prices where this was a net revenue stream previously. In evaluating the assignment of the ReCommunity agreement to Tropical, staff finds that the increase in processing fee is justified given the current market situation and their additional transportation costs. Staff is also comfortable with the additional term which will allow both SWDD and Tropical Recycling a smooth transition and a reasonable time-frame to work from. Overall,staff recommends Board approval of the assignment. SWDD Agenda-Single Stream Recyclables Transfer,Processing and Marketing Agreement Update Page 2 of 3 223 FUNDING: This type of service agreement is unique for SWDD wherein we seek revenues from recyclables generated in Indian River County based on an Average Market Value basis less contractor's cost for transportation, processing, and profit share with allowance for them to carry a negative balance. The net revenue received by SWDD will fluctuate based upon the market prices of the various recyclables. Based on the current market prices and the expected increase in tons of single stream recyclables in Indian River County, it is anticipated that this agreement will provide a nominal amount of revenues per year. If market rates increase to the levels from 2 years ago,this would be an AMV of approximately $130/ton with an average monthly revenues of$42,582 using a 50%increase in tonnage from 900 tons to 1,350 tons for going from dual-stream to single stream recycling. As a comparison, SWDD received revenues for our dual-stream recyclables of about$47,658. The proposed agreement will continue to provide revenues in a positive market and not result in a direct net cost to SWDD in a negative market. This is in contrast to other options in the market now which may result in a net cost to SWDD. The recycling revenues in FY2012/13 were$575,064 compared to$415,459 in FY2013/14 and are currently at$253,218 through June 2015 in FY2014/15. RECOMMENDATION: Staff is recommending the following to the SWDD Board: 1. Approve and authorize the Chairman to sign the First Amendment to and Assignment of Recyclables Transfer, Processing and Marketing Services Agreement and Estoppel between SWDD, ReCommunity and Tropical Recycling. ATTACHMENT: 1. First Amendment to and Assignment of Recyclables Transfer, Processing and Marketing Services Agreement and Estoppel APPROVED FOR AGENDA: Indian River Co. Approved Date By: f Administration , 9 Josep A. Baird, County Administrator Legal S F � Budget g ,:�'Datd SWDD g 1 SWDD-Finance (5 Purchasing Qi -710 SWDD Agenda-Single Stream Recyclables Transfer,Processing and Marketing Agreement Update Page 3 of 3 224 FIRST AMENDMENT TO AND ASSIGNMENT OF RECYCLABLES TRANSFER, PROCESSING & MARKETING SERVICES AGREEMENT AND ESTOPPEL THIS FIRST AMENDMENT TO AND ASSIGNMENT OF ("Amendment") to Agreement for Recyclables Transfer, Processing & Marketing Services Agreement (the "Agreement")AND ESTOPPEL,is made and entered into as of this_day of July,2015, by and between the Indian River Solid Waste Disposal District, a dependent special district of Indian River County, Florida,whose address is c/o Department of Utility Services, 180127 1h Street,Vero Beach, FL (hereinafter "SWDD"), Resource Recovery Systems, LLC, d/b/a ReCommunity, 809 West Hill Street, Charlotte, NC, 28208 (hereinafter "ReCommunity") and Tropical Exchange Corp.,a Florida Corporation, d/b/a Tropical Recycling,2625 Electronics Way, West Palm Beach, FL, 33407 (hereinafter"Tropical" or the"Processor"). WHEREAS,on August 21, 2012, SWDD and ReCommunity entered into the Agreement; and WHEREAS, pursuant to Section 9.8 of the Agreement, ReCommunity may assign the Agreement with the prior express written consent of SWDD; and WHEREAS,under Section 5.3 of the Agreement, SWDD could convert from Dual Stream recycling to Single Stream recycling with a Processor's Fee of$78.00/ton; and WHEREAS, ReCommunity has provided notice to SWDD that it is unable or unwilling to convert to Single Stream recycling; and WHEREAS, Tropical has offered SWDD to provide Single Stream recycling services under the Agreement beginning October 1, 2015; and WHEREAS, in order to provide SWDD with a smooth transition from Dual Stream recycling to Single Stream recycling, SWDD, ReCommunity and Tropical agree that ReCommunity be authorized to assign the Agreement and all of the rights and responsibilities coDima: Underlining denotes addition to existing text. Page I of 5 225 under the Agreement to Tropical with Tropical being paid a Processor's Fee of$88.00/ton and a revenue share of 75.1% for Single Stream recycling under the extended initial term; and NOW,THEREFORE,in consideration of the mutual undertakings herein,and other good and valuable consideration, the parties agree as follows: Section 1. Recitals. The above recitals are true and correct and are incorporated herein. Section 2. Assignment. Effective immediately, but commencing on October 1, 2015, pursuant to Section 9.8 of the Agreement, SWDD and ReCommunity mutually agree to expressly consent to the assignment of this Agreement to Tropical. Section 3. Single Stream Recycling. Notwithstanding any other provision in the Agreement,Tropical shall be able to accept and process SWDD Single Stream recycling beginning October 1, 2015. Section 4. Agreement Term. Article II is hereby amended as follows: Except as otherwise provided for herein, the obligations of the Parties shall take effect on the Effective Date and Processor shall commence accepting Recyclable Materials for transportation, processing and marketing in accordance with this Agreement on the Commencement Date. The extended initial term of this Agreement (the "Term") shall terminate five (5) eight 8 years from the Commencement Date. The District and Processor, by written mutual agreement,may extend the Term for an additional five(5)two 2 year term. Any written agreement to extend the Term shall be made not less than 180 days prior to the expiration of the then current Term. Nothing herein shall create a legal right in either party to renew or extend the Term for an additional five(5)two 2 year term. Section 5. County MRF Operations. Section 3.3 of the Agreement is hereby amended in part to delete the following sentence, "SWDD and the Processor shall share equally in the costs of these improvements." Section 6. Program Recyclables Revenue - Generally. Section 5.1(d) and Section 5.3(c)(iv) of the Agreement is hereby amended as follows: roam; Underlining denotes addition to existing text. Page 2 of S 226 The Processor's Fee shall be payable solely from the AMV. If the AMV is less than the Processor's Fee for any month, no payment shall be due for that month from the Processor to SWDD;nor shall SWDD owe any additional Processor's Fee(in addition to the fee deducted from the AMV) to the Processor for that month. However, Processor will be entitled to apply any negative balance to offset future payments with the understanding that any negative balance will be reset at month thirty 30). SWDD shall not be responsible for any negative balance upon termination of this Agreement. Section 7. Single Stream Program Recyclables Revenues. Section 5.3(c)(ii) of the Agreement is hereby amended as follows: The Processor's Fee, ei ty-eight dollars ($88.00) as adjusted by Section 5.5, shall be deducted from the AMV calculated for the month for which payment is being made. Section 8. Recycling Awareness and Education. Article VII is deleted in its entirety. Section 9. Notices. Section 9.1 of the Agreement shall be amended as follows: If to Processor: with a copy to: Tropical Exchange Corp. McDonald Hopkins LLC 2625 Electronics Way 505 S. Flagler Drive, Suite 300 West Palm Beach, FL 33407 West Palm Beach, FL 33401 Attention: Brian Katz Attention: John T. Metzger, Esq. Section 10. Representations. As of July 1,2015,SWDD represents,certifies,covenants, warrants, and affirms that: (i) the Agreement is in full force and effect, that all amounts due thereunder have been paid and are current; (ii)to its knowledge, neither party to the Agreement is in default thereunder, and no event exists which with the passage of time or giving of notice, or both, would constitute a default under the Agreement, and no notice of default under the Agreement has been given which has not been cured; (iii)the Agreement has not been terminated and that it is the only agreement of this type between the SWDD and ReCommunity; (iv) to its knowledge, there are no outstanding defenses, counterclaims or offsets against ReCommunity under the Agreement; (v) neither party to the Agreement has transferred or assigned any rights or obligations under the Agreement nor entered into any license, use occupancy or concession agreements with respect thereto; (vi) after October 1, 2015, ReCommunity shall have no further responsibilities under the Agreement and shall have no liabilities for acts or omissions occurring ro,wN, Underlining denotes addition to existing text. Page 3 of 5 227 after said date; (vii) SWDD has not,and will not during any term of this Agreement,enter into any agreement for the transfer or disposal of Recycled Materials or take any action, or fail to take any action, which would divert any Recycled Materials which would otherwise be delivered to Processor under the Agreement; (viii) SWDD will assure the continued operation of the County MRF during any term of the Agreement (except in the event of force majeure event or circumstance provided that a termination of any agreement for the operation of the County MRF shall not constitute a force majeure event); and (ix) Upon approval of this Amendment, SWDD will be authorized,and shall have taken all requisite action,to execute and deliver this Amendment. Section 11. Indemnification. Tropical agrees that it will indemnify, defend and hold ReCommunity harmless from any claims, damages, losses or expenses arising from acts or omissions related to the Agreement occurring after October 1, 2015. ReCommunity agrees that it will indemnify, defend and hold Tropical harmless from any claims, damages, losses or expenses arising from acts or omissions related to the Agreement occurring before October 1, 2015. Section 12. Counterparts. The Amendment may be executed in multiple counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. All other provisions of the Agreement shall remain in full force and effect. (Remainder of this page is intentially left blank) roo,m, Underlining denotes addition to existing text. Page 4 of'S 228 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Wesley S. Davis, Chairman By: Deputy Clerk BCC approved: Date APPROVED: APPROVED AS TO LEGAL FORM AND SUFFICIENCY By: By: osep A. Baird ylan Reingold County Administrator County Attorney WITNESSES: RESOURCE RECOVERY SYSTEMS, LLC By: Name: Title: Dated: WITNESSES: TROPICAL EXCHANGE CORP. By: Name: Title: Dated: c ootsc. Underlining denotes addition to existing text. Page S of.5 229 INDIAN RIVER COUNTY:SOLID WASTE DISPOSAL DISTRICT Al"TEST: Jeffrey R:Smith,Clerk of Court and Comptroller By: . :, Wesley S.Davis,Chairman By: Deputy Clerk BCC approved: Date APPROVED: APPROVED AS TO LEGAL FORM AND SUFFICIENCY By: By: Joseph A.Baird Dylan.R.cingold County Administrator County Attomey WITNESSES: RESOURCE RECOVERY SYSTEMS,LLC ., G. By: Najew, J , g/Le s.n Tide: C�Ie/ Q 61 Dated; '—. ' WITNESSES: ' TR O PICA EXCHANGE CORP. BYi Name mt . Title: p.. Dated: bji* coom U/n*rftnbw denahs a 0won to sliming mA Page.5 QfS. 230 1 OVF INDIAN RIVER COUNTY /rte,,,C SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM 'k 0 Date: July 2, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Thru: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Prepared By: Stephanie C.Vos, Recycling Education and Marketing Coordinator,Solid Waste SV Disposal District Subject: Update on the Educational Component for the Upcoming Changes to the Recycling Program DESCRIPTIONS AND CONDITIONS: On April 7,2015,the Indian River County(IRC)Solid Waste Disposal District(SWDD) Board approved the creation of a Recycling Education and Marketing Coordinator position within SWDD, with an annual salary of $38,000 ($56,074.44 budgeted to cover salary and benefits). The Board also approved an additional one-time computer/vehicle expense of$30,000, as well as an allocation of$50,000 towards advertising and marketing efforts in addition to the existing approved budget for a total of$80,000 in Fiscal Year 2014/2015. Staff has purchased a 2015 Toyota Prius for fuel-efficient transportation,and has hired Stephanie Vos to fulfill the position of Recycling Education and Marketing Coordinator. Ms.Vos has been actively working to increase awareness of the upcoming changes and to increase recycling participation as IRC strives to achieve the State of Florida goal of 75% recycling by the year 2020. To provide a summary of changes, staff has developed a list of Frequently Asked Questions (FAQ) that has been posted on the County's website as well as the new SWDD website which is www.ircrecycles.com. The purpose of the agenda is to present for Board approval a three-month plan for recycling education and marketing. ANALYSIS: Since the transition to single stream recycling is quickly approaching,staff has developed a three-month recycling education and marketing plan to 1)educate IRC about the change to single stream recycling on October 1, 2015 with emphasis on the arrival and the proper use of the recycle carts, 2) stress the importance of working together to reach a 75% recycling rate by 2020, and 3) educate the public on proper recycling habits to reduce contamination. SWDD Agenda-Update on the Educational Component for the Upcoming Changes to the Recycling Program Page—I— 231 MARKETING VEHICLE 30 Days 60 Days 90 Days ESTIMATED COST Radio Scripts/Contracts 1st Broadcast Follow up $24,000 Broadcast Print Advertisements Scripts/Contracts Ad releases, Ad releases, $20,000 script script Community Presentations Vendor/Guest Vendor/Guest Vendor/Guest - Speaker Speaker Speaker Video Broadcast Script/Production Broadcast Broadcast $16,000 Promotional Items Design Fliers, buy Distribute Distribute $20,000 items Fliers&items Fliers& items Social Media Update Website YouTube I - I - TOTAL= $10,000 $40,000 1 $30,000 1 $80,000 The highest priority of the single stream marketing campaign is to take advantage of as many local radio broadcasts and print advertisements as possible,since these mediums would be more cost efficient than direct mail and would still reach thousands of county residents. We have a contract to print monthly ads in Vero Voice Magazine until the end of the calendar year, and we are scheduled as a guest on radio broadcasts with Vero Voice and Vero Insider. SWDD is in communication with other radio stations, magazines, and newspapers to reach all areas of the county throughout the next three months. For the first time, we are developing a television campaign to reach residents at movie theaters and in their homes. We are in the process of creating a short film that emphasizes the 75% recycling rate by 2020 and the arrival of the recycle carts that is estimated to be finished in August. There are opportunities to air the film at AMC Indian River 24 and Majestic 11 theaters,and in the future broadcast this film and other short films on local television stations. The film will also be posted to the SWDD website,which will be reconstructed over the next month to be more user friendly. During the month of June,SWDD staff has interacted with the public directly as a vendor at public events, and by sponsoring and attending the Keep Indian River Beautiful (KIRB) Marketplace at the Indian River Mail. We have also worked closely with Waste Management to coordinate outreach efforts and to develop opportunities for increasing public event recycling. During the month of July,we are redesigning our current fliers, and designing new fliers to promote single stream recycling that can be handed out or posted on community boards by August. In addition to advertising the arrival of single stream recycling, the recycling coordinator is also contacting other counties and researching successful strategies for improving recycling participation in schools,commercial businesses and multi-residential buildings. By September, Ms.Vos will be launching educational programs in schools, and contacting commercial businesses to encourage them to join in the effort to reach 75%recycling rate by 2020. FUNDING: Funding for recycling education and marketing efforts are included in the fiscal year 2014/15 budget in the SWDD Recycling Fund which is funded from SWDD assessments and user fees.The remaining budget is approximately$80,000. SWDD Agenda-Update on the Educational Component for the Upcoming Changes to the Recycling Program Page-2- 232 ACCOUNT NO.: Description Account Number Amount SWDD—Outside Printing 411-25534-034720 $20, 000.00 SWDD—Advertising 411-25534-034810 $40,000.00 SWDD—Other Promotional Expense 411-25534-034820 $20, 000.00 RECOMMENDATIONS: Staff recommends that the Board approve the recycling education and marketing plan for the next 3 months. ATTACHMENT: 1. Three-Month Recycling Education and Marketing Plan APPROVED FOR AGENDA: Indian River Co. App F� Date Administration By: -17 61 Josep A. Baird, County Administrator SWDD Director -bk- Budget 5- For: zi d015__ Legal Datf SWDD Finance SWDD Agenda-Update on the Educational Component for the Upcoming Changes to the Recycling Program Page-3- 233 Three - MonthRecycling EducationandMarketingPlan E,R Stephanie Vos LAVER, Recycling Education and Marketing Coordinator Solid Waste Disposal District BOCC Meeting OR1oP► July 14, 2015 x N W A T!" r � -L n + Three Main Messages for`��: 1. The change to single stream recycling on October 1St 2015 2. Stress the importance of working together to reach a 75% recycling r,�te . by 2020 3. 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Ocean FM k h Homet+awr 11tivs ,t Press Journal Christian;FIVI -and more. .. An A: N W 01 Media Outreach : Video �a*' aI 30 days 60 days 90 days .- ..,.wwsa.-.gt..,..^,�rtisi... „9}s.�{!»:'.:c+n,�,;,,+q�•t?'^L'�:,'A:`°' ,'s'4.�... ..�$.;.y.».�,, .-�.;.. Finalizing script and design Finish production Broadcast Starting production Broadcast 75 51 �. a WCL ,Z y��y•n.�1, YouTube < ra / Y •„Fi��. INDIAN RIVER COUNTY N W J Direct Communication St, c crrr v 30 days 60/90 days KIRB Marketplace = ChrktmasIn --=:z- 75 - -- `,s 11MMwN M..IIA Ca1tN w..0 r nwhh.v.1.... ..1 A M�N111 h�tirM .... s' wwnr�tl.w•�IA� Mobility Fair Vendor Community � ® = Guest Speaker Connections: a- Post F1' 7 w LO AL - bs. EVENT! N W 00 MssesReachingSchools, & U` 30 days 60 days 90 days b POW ti Researching Visiting, and Designing, Reaching and Preparing out Why Recycle? c School Recycling and Program Your Business N W Cost Ij Follow up Scripts/Contracts 1st Broadcast $24,000 4 Broadcast Contracts , , Scripts/Contracts Ad releasesAd releasesis p / $20..000 script script Vendor/Guest Speaker Vendor/Guest Vendor/Guest - Speaker S eaker Speaker Script/Production Broadcast Broadcast $16,000 Design Fliers, buy Distribute Distribute items Fliers & items Fliers & items $20,000 Update Website YouTube - - $10,000 $40,000 $30,000 $80,000 N A O . 4. ./'� >v a wjH� q�l-'!r}•Ye: � i a..4.y �Rr 777,777 J. �vER c �VEROuesti ns c 4�� OG�,� • O� 0�'2� ORI Stephanie Vos Recycling Education and Marketing Coordinator . Solid Waste Disposal DistrG : t: �j N A 7/15/2015 -7/14/2XIS 15.6.1. Three-Month Recycling Education and Marketing Plan Stephanie Vos S GG n��� lr11 ri Recycling Education and Marketing Coordinator * * Solid Waste Disposal District BOCC Meeting July 14,2015 Three Main Messages for the Public 1. The change to single stream recycling on October 1St 2015 2. Stress the importance of working together to reach a 75% recycling rate by 2020 3. Educate the public on proper recycling habits to reduce contamination 0 Sante 4 Let's work YES-Recyclahle '� e GE �fnlralnt'i. -e together to reach tl *75%of all trash should be recycled. ~Q NO•Not Recyclable s)hN sae We1+ex Wa hof..a bMpvataM. •OMac<,se W IMee b1Yeu Yang 9kAebm<Pulw+rn WIMsvalb WShe.00sMper aya.1 7/15/2015 Media Outreach: Radio & Print Advertisements July: 30 days 60 days 90 days Media Outreach: Video 30 days 60 days 90 days Finalizing script and design Finish production Broadcast Starting production Broadcast IIS YouTube :::A411:1E r'<t,i,ti,1 aya•2 7/15/2015 Direct Communication: Single Stream Recycling 30 days 60/90 days KIRB Marketplace 51" .. Mobility Fair Vendor Community4� Guest Speaker connections: ID ; yn Post Fliers LO AL om� a '~ EV OENT! Reaching Schools, Multi-Family, & Businesses 30 days 60 days 90 days Researching Visiting, and Designing, Reaching ad Pr neparing out _ Why e�*Y49�o, 0 Recycle? School Recycling and p- � Program�1 Your Business � � y3i' J�rTrl! .. 7/15/2015 COSI Follow up,. Scripts/Contracts 1st Broadcast $24,000 Broadcast Scripts/Contracts Ad releases, Ad releases, $20,000 script script Vendor/Guest Vendor/Guest ,Vendor/Guest Speaker - Speaker Speaker Script/Production Broadcast Broadcast $16,000 Design Fliers,buy: .; Distribute Distribute. . items Fliers&items. Fliers&items $ q00 Update Website YouTube - - $10,000 .... $ao;000 X30,000 80,000 J�,4►`'�Rcocid ekr�� uest O *ions =F .FIURtpj/ Stephanie Vos Recycling Education and Marketing Coordinator Solid Waste Disposal District ��z.4