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01/07/2014
PROCLAMATION 54 RECOGNIZING THE MONTH OF JANUARY, 2014 AS NATIONAL MENTORING MONTH WHEREAS, every day Big Brothers Big Sisters works to provide children facing adversity with strong and enduring, professionally supported one-to-one relationships that change their lives for the better forever; and WHEREAS, mentoring is a proven, effective strategy that helps children by matching them with a caring, responsible adult who can provide guidance and direction, and build their confidence; and WHEREAS, research shows that mentoring has beneficial and Tong -term effects on youth by increasing their academic engagement and decreasing the likelihood of substance abuse and other risky behaviors; and WHEREAS, dozens of Indian River County children are in need of a caring adult mentor in their lives, and closing this mentoring gap will take more investment, partnerships, and volunteers ready to make a difference in a child's life; and WHEREAS, Indian River County recognizes that our success depends on helping every child reach their full potential in life, and realizes that young people need a solid foundation of support that will help them become well-educated, confident, and productive citizens. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board recognizes the month of January, 2014 as National Mentoring Month, and calls upon the citizens of Indian River County to recognize the importance of mentoring, to look for opportunities to serve as mentors in their communities, and to observe this month with appropriate activities and programs. Adopted this 7th day of January, 2014 • BOARD OF COUNTY COMMISSIONERS I N RIVER COUNTY, FLORIDA Cle Peter D. O'Bryan, Chair an i Wesley S Da ' , Vice Chairman I ar `oseph E Flescher ra,-6 ifeLP • • Solari Tim 1 INFORMATIONAL ITEMS January 7, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners D ate: December 17, 2013 S ubject: 2013-2014 Appointment to the Department of Juvenile Justice (DJJ) Circuit 19 Advisory Board From: Laura E Vasquez Commissioner Assistant, District 2 As dicussed at the Board of County Commission Meeting of December 17, 2013, the Board voted unanimously to accept the appointment of Commissioner Joseph E Flescher, County Commissioner, District 2 to the Department of Juvenile Justice Circuit 19 Advisory Board. N o Board action is required. Attachment: E-mail confirmation of appointment. 2 Laura Vasquez From: John Bolduc [John.Bolduc@cityofpsl.com) Sent: Thursday December 12, 2013 3:31 PM To: tbakkedahl@saol9.org; michelle.mcmurtry@pd19.org; Ievins@circuit19.org; DesoizaK@circuitl9.org; tkryzda@martin.fl.us; Joseph E. Flescher; bculpepper@co.okeechobee.fl.us; godwinm@stlucieo.org; ddyess@ci.stuart.fl.us; mmorns@cityofsebastian.org; msewing@sheriff.martin.fl.us dloar@irscheriff org; Ijobe@iresheriff.org; nstephen@okeesheriff.org; GWilson@stluciesheriff.com, tschawb@stluciesheriff com, robert_mcpartlan@dcf.state flus; Iingrm@martin.k12.fl.us; rabened@martin.kl2.fl.us; Lillian.torresmartinez@indianriverschools.org; kenworthyk@okee.kl2 fl.us; arbogastg@okee.kl2.fl.us; brian.reuther@stlucieschools.org; ienniferh@tykesandteens.org; acocoves@martin.fl.us dgorman@tcjobs.org; maureensim@bellsouth.net; cispalir@gmail.com Kristi.walsh@chsfl.org; jwarrior_99 @yahoo.com gallen@sao19.org; lindathebaptist@hotmail com, chnsiscooll6@gmail.com; pastordaveschnepf@gmail com; John Bolduc; Judith Kenworthy Subject: DJJ Circuit 19 Advisory Board Dear Members, Congratulations. This letter confirms your membership with the Juvenile Justice Circuit 19 Advisory Board Welcome. Your commitment and support to this Board reassures us that the welfare of Flonda juveniles continues to be in the best of hands. In the near future, I will send a public notice disclosing the date, time, and location of our first meeting. A detailed agenda has not been developed for this imtial meeting. You will receive the agendas for subsequent meetings Bring your calendars so we can arrange regular Board meetings to determine agenda items. I highly value your participation and look forward to working with this Circuit Advisory Board as we continue the important work of increasing public safety by reducing juvenile delinquency through effective prevention, intervention, and treatment services that strengthen families change the lives of troubled youth. Sincerely, John Bolduc Chief of Police Port St. Lucie Police Department Through Courage, Knowledge, and Integrity, the Port St. Lucie Police Department is committed to Superior Customer Service and remaining one of America's Safest Cities. 1 3 JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1 801 27TH Street Vero Beach, Florida 32961-1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE • December 12, 2013 SUBJECT: APPROVAL OF WARRANTS December 6, 2013 to December 12, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR 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 December 6, 2013 to December 12, 2013. Attachment: DB* MS 4 CHECK NBR 306334 306335 306336 306337 306338 306339 306340 306341 306342 306343 306344 306345 306346 306347 306348 306349 306350 306351 306352 306353 306354 306355 306356 306357 306358 306359 306360 306361 306362 306363 306364 306365 306366 306367 306368 306369 306370 306371 306372 306373 306374 306375 306376 306377 306378 306379 306380 306381 306382 306383 306384 306385 306386 306387 306388 306389 306390 306391 CK DATE 12/12/201: 12/12/201: 12/12/201 12/12/201: 12/12/201: 12/12/20L 12/12/201 12/12/201 12/12/201 12/12/201: 12/12/201 12/12/201: 12/12/201 12/12/201 12/12/201: 12/12/201: 12/12/20E 12/12/201: 12/12/201 12/12/201 12/12/201: 12/12/201 12/12/201 12/12/201 12/12/201 12/12/201 12/12/201: 12/12/201 12/12/201: 12/12/201 12/12/201 12/12/201 12/12/201 12/12/201 12/12/201: 12/12/201 12/12/201 12/12/20E 12/12/201 12/12/20E 12/12/20E 12/12/20E 12/12/201 12/12/201: 12/12/201 12/12/201: 12/12/201 12/12/201 12/12/201 12/12/20E 12/12/20E 12/12/20E 12/12/20E 12/12/201 12/12/20E 12/12/201 12/12/201 12/12/201: CHECKS WKl'11EN VENDOR CLEMENTS PEST CONTROL PORT CONSOLIDATED INC JORDAN MOWER INC ROBINSON EQUIPMENT COMPANY INC TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC COPYCO INC VELDE FORD INC AT&T WIRELESS SEWELL HARDWARE CO INC COLD AIR DISTRIBUTORS WAREHOUSE DELTA SUPPLY CO KELLY TRACTOR CO DEMCO INC MCMASTER CARR SUPPLY CO AMERIGAS EAGLE PROPANE LP AMERIGAS EAGLE PROPANE LP DAILY COURIER SERVICE HACH CO NATIONAL FIRE PROTECTION ASSOC NATIONAL FIRE PROTECTION ASSOC PATTERSON POPE INC KSM ENGINEERING & TESTING INC HD SUPPLY WATERWORKS LTD JAMAR TECHNOLOGIES INC SPORTSMANS SPECIALTY GROUP TIRESOLES OF BROWARD INC FIRESTONE COMPLETE AUTO CARE H C WARNER INC BARTH CONSTRUCTION INC DELL MARKETING LP GENERAL PART INC GOODYEAR AUTO SERVICE CENTER BLAKESLEE SERVICES INC BAKER & TAYLOR INC MIDWEST TAPE LLC NORTHERN SAFETY CO INC BASS CARLTON SOD INC K & M ELECTRIC SUPPLY GO COASTAL INC RELIABLE POLY JOHN SUNSHINE REHABILATION CENTER OF IRC INC CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY HEALTH DEPT CITY OF VERO BEACH CITY OF VERO BEACH COMPBENEFITS COMPANY COLONIAL LIFE & ACCIDENT INS CO AMERICAN FAMILY LIFE ASSURANCE CO INDIAN RIVER ALL FAB INC INDIAN RIVER COUNTY SHERIFF B/C B/S OF FL ADM FEE JANITORIAL DEPOT OF AMERICA INC HUMANE SOCIETY PUBLIX SUPERMARKETS WAL MART STORES EAST LP AAA COOPER TRANSPORTATION INC AMOUNT 175.00 30,240.78 272.08 446.99 4,202.79 391.30 505.48 44.51 2,096.76 1,514.43 7.33 196.39 481.89 997.02 403.29 108.53 874.13 1,016.83 1,473.00 1,660.36 165.00 2,331.00 78,108.51 160.00 1,572.00 484.59 117.51 473.88 1,770.73 268.90 286.13 15,491.88 2,042.37 49.00 710.00 2,468.31 1,228.16 341.92 62.00 91.32 385.50 90.42 15.00 195.00 250.00 301.36 97,411.06 194.28 84.72 15,312.60 166.00 47,287.00 33,266.70 1,847.56 25,635.00 44.04 253.77 65.62 1 5 CHECK NBR 306392 306393 306394 306395 306396 306397 306398 306399 306400 306401 306402 306403 306404 306405 306406 306407 306408 306409 306410 306411 306412 306413 306414 306415 306416 306417 306418 306419 306420 306421 306422 306423 306424 306425 306426 306427 306428 306429 306430 306431 306432 306433 306434 306435 306436 306437 306438 306439 306440 306441 306442 306443 306444 306445 306446 306447 306448 306449 306450 306451 CK DATE 12/12/201 12/12/201 12/12/201 12/12/201: 12/12/201 12/12/201 12/12/201 12/12/201 12/12/201 12/12/201: 12/12/201: 12/12/20E 12/12/201: 12/12/201: 12/12/20L 12/12/201: 12/12/201: 12/12/201 12/12/201 12/12/20E 12/12/201 12/12/201: 12/12/201 12/12/20E 12/12/201: 12/12/201 12/12/201: 12/12/201 12/12/20E 12/12/20E 12/12/201 12/12/20E 12/12/201 12/12/201: 12/12/201: 12/12/201: 12/12/201 12/12/201 12/12/201: 12/12/201: 12/12/201 12/12/201: 12/12/201: 12/12/201 12/12/201 12/12/201 12/12/201: 12/12/201: 12/12/201: 12/12/201 12/12/20E 12/12/201: 12/12/201 12/12/201: 12/12/20E 12/12/20E 12/12/201 12/12/201 12/12/201: 12/12/201 VENDOR ROGER CLEVELAND GOLF INC AQUAGENIX HORNUNGS GOLF PRODUCTS INC WINDSOR PROPERTIES, INC BREVARD COUNTY IRC CHAMBER OF COMMERCE HD SUPPLY FACILITIES MAINTENANCE LTD VERO HERITAGE INC CALLAWAY GOLF SALES COMPANY SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT NIKE USA INC PUBLIC DEFENDER TAYLOR MADE GOLF CO INC AMERICAN PLANNING ASSOCIATION AMERICAN PLANNING ASSOCIATION GIFFORD YOUTH ACTIVITY CENTER INC STATE ATTORNEY PEACE RIVER ELECTRIC COOP INC NEW HORIZONS OF THE TREASURE COAST KENNETH CAMPBELL SENIOR STRUNK FUNERAL HOMES & CREMATORY TREASURE COAST SPORTS COMMISSION INC UNITED STATES GOLF ASSOCIATION INC NEW YORK TIMES GERALD A YOUNG SR PITNEY BOWES INC ALAN C KAUFFMANN FLORIDA WATER RESOURCES JOURNAL INC CLENT KIRKLAND ADVANCED XEROGRAPHICS IMAGING BRYANT MILLER OLIVE DONADIO AND ASSOCIATES ARCHITECTS C & C ELECTRIC WORKS INC SYMBIONT SERVICE CORP FORT PIERCE HOUSING AUTHORITY GORDON SPARKS RICHARD MARINI ST LUCIE COUNTY BOCC RUSSELL PAYNE INC CELICO PARTNERSHIP ALLSTATE CINTAS CORPORATION NO 2 CONTROL SYSTEMS DESIGN INC VAN WAL INC MUTUAL OF OMAHA THE CLEARING COMPANY LLC RECYCLE FLORIDA TODAY INC BENTLEY SYSTEMS INC CAPP CUSTOM BUILDERS INC COPYTRONICS INC PAK MAIL CENTER CENTRAL PUMP & SUPPLY INC JOHN DEERE LANDSCAPES JOSE RIVERA DEW BUSTERS INC DAYSPRING METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC AMOUNT 46.11 487.00 3,325.60 44,933.26 15.00 6,815.05 67.80 583.00 1,077.02 41,618.24 10,721.29 4,600.68 1,195.20 12,455.99 103.62 190.00 1,520.00 9,116.58 6,668.80 356.00 22,812.83 80.00 425.00 2,600.00 110.00 837.20 60.00 165.00 80.00 540.00 36.64 2,987.37 1,946.00 100.00 992.00 8,429.75 102.00 92.00 75.00 92,076.75 288.33 480.12 603.38 338.33 2,375.00 279.00 6,429.58 2,045.00 125.00 4,800.00 962.00 66.44 73.92 857.50 4,660.00 80.00 288.70 750.00 2,597.95 148.80 2 6 CHECK NBR 306452 306453 306454 306455 306456 306457 306458 306459 306460 306461 306462 306463 306464 306465 306466 306467 306468 306469 306470 306471 306472 306473 306474 306475 306476 306477 306478 306479 306480 306481 306482 306483 306484 306485 306486 306487 306488 306489 306490 306491 306492 306493 306494 306495 306496 306497 306498 306499 306500 306501 Grand Total: CK DATE 12/12/201: 12/12/201 12/12/20E 12/12/20E 12/12/201 12/12/20L 12/12/201: 12/12/20E 12/12/201: 12/12/20E 12/12/201: 12/12/201: 12/12/201 12/12/201 12/12/201: 12/12/201 12/12/20E 12/12/201 12/12/201 12/12/201: 12/12/201 12/12/201: 12/12/201 12/12/201 12/12/201: 12/12/201 12/12/201: 12/12/20E 12/12/20E 12/12/201: 12/12/201: 12/12/201: 12/12/201: 12/12/201 12/12/201 12/12/20E 12/12/201 12/12/201: 12/12/201: 12/12/201: 12/12/201: 12/12/201: 12/12/201 12/12/20E 12/12/201: 12/12/201: 12/12/201: 12/12/201 12/12/20E 12/12/20E VENDOR KENNY CAMPBELL JR COMMUNICATIONS BROKERS & CONSULTANTS INC DEPENDABLE ROOFING SYSTEMS INC CHARLES A WALKER FISHER & PHILLIPS LLP G INGERBREAD TRUST SARAMARIA PROVENZALE BENNETT AUTO SUPPLY INC MICHELLE VAN KEULEN STANDARD LIFE INSURANCE STANDARD LIFE INSURANCE OPT K S COMMERCIAL CLEANING YOUTH GUIDANCE DONATION FUND DAVID L HANCOCK EQ THE ENVIRONMENTAL QUALITY COMPANY HELPING ANIMALS LIVE -OVERCOME CORPORATE CARE WORKS WOERNER DEVELOPMENT INC KEMPER BUSINESS SYSTEMS JUNIOR LEAGUE OF INDIAN RIVER INC BOULEVARD TIRE CENTER CITY DIRECTORIES TC XPERIENCE GUIDE MURPHY & WALKER P L SAFETY SCHELL CORPORATION SOUTHEAST STRUCTURAL ENGINEERS INC JAMES S ELAM PACE ANALYTICAL SERVICES INC DELRAY MOTORS KEITH GROCHOLL PRESSURE WORLD INC WRIGHT EXPRESS FSC G ENERAL CHEMICAL PERFORMANCE LLC B & E PROPERTY MAINTENANCE HIGHMARK STOP LOSS CENTRAL FLORIDA GOLF CARS INC LOWES HOME CENTERS INC LABOR READY SOUTHEAST INC AMG SF LLC KYLE ANDERSON W&G MAINTENANCE PITMAN TRACTOR & EQUIPMENT INC A-1 QUALITY SOD INC SCADA SOLUTIONS LLC W S BADCOCK CORPORATION CIT GROUP/COMMERCIAL SERVICES JENNIFER LANTZ MARLENE EDDEN ROBERT ESPLEN SR AMANDA GREENE AMOUNT 80.00 5.20 1,000.00 40.00 1,000.00 1,029.43 130.00 375.05 150.00 7,472.93 9,971.05 1,535.00 1,250.00 771.00 3,541.57 25.00 1,098.90 847.50 8.22 1,610.00 3,461.84 800.00 79.00 8,630.37 551.65 1,457.50 1,443.75 9,819.80 948.11 40.00 257.92 18,489.15 3,668.99 775.00 16,317.00 152.64 1,221.38 5,246.97 91.38 525.00 880.00 390.00 250 00 3,100.00 12,789.87 224.09 35.00 100.00 760.26 3,603.45 814,881.53 3 7 TRANS NBR 2733 2734 2735 2736 2737 2738 2739 2740 2741 2742 2743 2744 2745 2746 2747 Grand Total ELECTRONIC PAYMENT'S - WIRE & ACH DATE 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/9/2013 12/9/2013 12/9/2013 12/12/201 12/12/201: VENDOR CDM SMITH INC KIMLEY HORN & ASSOC INC FL SDU IRS -PAYROLL TAXES ICMA RET CORP FLORIDA LEAGUE OF CITIES, INC NATIONWIDE SOLUTIONS RETIREMENT NACO/SOUTHEAST ICMA RETIREMENT CORPORATION IRC FIRE FIGHTERS ASSOC BENEFITS WORKSHOP BENEFITS WORKSHOP IRS -PAYROLL TAXES CITY OF FELLSMERE I R C HEALTH INSURANCE - TRUST AMOUNT 1,355.90 16,666.81 7,194.81 14,792.70 1,910.00 5,165.60 312.31 19,299.31 24,592.35 6,210.00 6,877.90 1,080.79 368,297.31 70.00 447,752.40 921,578.19 1 TRANS. NBR 1002999 1003000 1003001 1003002 1003003 1003004 1003005 1003006 1003007 1003008 1003009 1003010 10030.11 1003012 1003013 1003014 1003015 1003016 1003017 1003018 1003019 1003020 1003021 1003022 1003023 1003024 1003025 1003026 1003027 1003028 1003029 1003030 1003031 1003032 1003033 1003034 1003035 1003036 1003037 1003038 1003039 1003040 1003041 1003042 1003043 1003044 1003045 1003046 1003047 1003048 1003049 1003050 Grand Total: ELECTRONIC PAYMEN"l' - VISA CARD DATE 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/6/2013 12/9/2013 12/9/2013 12/9/2013 12/9/2013 12/9/2013 12/9/2013 12/9/2013 12/9/2013 12/9/2013 12/9/2013 12/9/2013 12/9/2013 12/10/20E 12/10/201: 12/10/201: 12/10/20E 12/10/201: 12/10/201: 12/10/201: 12/10/201: 12/10/201: 12/10/201: 12/10/201: 12/10/201: 12/10/201: 12/10/201: 12/10/201: 12/10/201: 12/12/201 12/12/201: 12/12/201: 12/12/20E 12/12/201 12/12/201 12/12/20L 12/12/201 • • VENDOR HENRY SCHEIN INC INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC DAVIDSON TITLES INC MIKES GARAGE & WRECKER SERVICE INC DAVES SPORTING GOODS & TROPHIES ALLIED. UNIVERSAL CORP ARAMARK UNIFORM & CAREER APPAREL LLC CENGAGE LEARNING CORPORATION SEBASTIAN OFFICE SUPPLY CO FERGUSON ENTERPRISES INC MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS CAPITAL OFFICE PRODUCTS HARCROS CHEMICALS INC. EAST COAST ANIMAL MEDICAL CENTER COMMUNICATIONS INTERNATIONAL LIGHTSOURCE IMAGING SOLUTIONS LLC AMERICAN CONCRETE INDUSTRIES INC VERO LAWNMOWER CENTER INC THE EXPEDITER ARAMARK UNIFORM & CAREER APPAREL LLC WIGINTON CORP DYNAMIC BRANDS LLC MIDWEST MOTOR SUPPLY CO FLAGLER CONSTRUCTION EQUIPMENT LLC AUTO PARTNERS LLC WRIGHT FASTENER COMPANY LLC EVERGLADES FARM EQUIPMENT COINC PARKS RENTAL & SALES INC PRAXAIR DISTRIBUTION SOUTHEAST LLC COMMUNICATIONS INTERNATIONAL SMITH BROTHERS CONTRACTING EQUIP ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP THE EXPEDITER ARAMARK UNIFORM & CAREER APPAREL LLC APPLE MACHINE & SUPPLY CO FERGUSON ENTERPRISES INC DYNAMIC BRANDS LLC RECHTIEN INTERNATIONAL TRUCKS FLAGLER CONSTRUCTION EQUIPMENT LLC AUTO PARTNERS LLC STAT MEDICAL DISPOSAL INC HENRY SCHEIN INC INDIAN RIVER OXYGEN INC DEERE & COMPANY S & S AUTO PARTS AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC BRIDGESTONE GOLF INC AMOUNT 103.35 97.45 213.75 8,347.73 55.00 2,020.00 2,678.38 639.40 47.23 36.99 649.00 439.60 220.51 6.48 14,136.00 56.00 30,000.00 56.16 2,696.00 53.97 96.00 354.67 575.00 130.75 275.50 715.61 5.00 278.00 494.65 566.95 28.71 38,485.58 59.98 183.00 13,227.49 94.43 723.69 357.62 5,225.79 359.60 460.54 59.50 23.30 130.00 608.70 3,725.00 943.42 527.53 8,241.10 369.26 1,929.33 67.97 141,876.67 1 9 get CONSENT AGENDA January 7, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE* December 20, 2013 SUBJECT• Out of County Travel to attend the Florida's Research Coast Legislative Conference FROM: Terri Collins -Lister, Commissioner Assistant Out of county travel is requested for commissioners and staff to attend the Florida's Research Coast Legislative Conference in Tallahassee, Florida on March 12-14, 2014. Attachment: Conference Registration 10 Wednesday March 12th Thursday, March 13th Thursday, March 13th Friday, March 14th Florida's Research Coast Legislative Conference March 12-14, 2014 FocwS OK. Our t.....agoovt, 6:00 PM 7:30 AM 10AM-1:OOPM 8:00 AM Cocktail Reception at Andrew's Continental Breakfast at Aloft Group meetings with Legislators Closing Breakfast at Aloft Conference Fee: $125 per participant, Spouse $100. Includes all materials, Wednesday Reception, Thursday and Friday breakfast Accommodations: Aloft Hotel, 200 N. Monroe St. within walking distance to the Capitol. Make your own reservations by calling 850-513-0313. Rates: Double/Single $164. + taxes. Group Code "RCC12A." Rooms are limited reservation should be made soon as possible. Lodging and Travel is on your own. You must have conference reservations in order to maintain any hotel reservations in the conference room block. Questions? Call Penny Chandler, Indian River County Chamber 772-567-3491 CONFERENCE REGISTRATION Reservations for the following people - ?Lease pri.vtt! Name(s) Company Name : Phone: Email Check Enclosed _ Invoice Me Sponsor Level $ Card # Exp Date V -Code Please return this registration form with payment Indian River County Chamber of Commerce, 1216 218t Street , Vero Beach, Florida 32960 772-567-3491 ext. 120, director@indianrlverchamber.com or register online 11 CONSENT AGENDA: 1/7/2014 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: rd of County Commissioners FROM• illiam K. DeBraal — Deputy County Attorney THROUGH: Dylan Reingold — County Attorney" -'9 DATE* December 11, 2013 SUBJECT: Resolution Formally Designating a Portion of County Owned Property Along 26th Street as Right -Of -Way In September, 2013 the County purchased in the open market Lot 1 of Davilla Park from William Langdon and Sandra Langdon for future road expansion of 26th Street in order to avoid future expert witness costs and attorney's fees in an eminent domain process which would ultimately be necessary when the road expansion project was ready to proceed. The intent of the County is to now earmark by a formal document that portion of the property for right-of-way so that the remainder can be re -sold and put back on the tax rolls. In this regard, a resolution has been prepared to designate the portion of Lot 1 of Davilla Park that will be for future right-of-way, thus alleviating any boundary issues that may surface in the future with respect to the re -selling of the remainder property. FUNDING: The only cost associated with this matter will be recording fees for recordation of the resolution in the amount of $44.00 Funding for this expenditure is budgeted and available in Account No 10215341-066510-06011. RECOMMENDATION: Adopt the attached resolution, and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. nhm Attachment cc: Jacqui Gilbert — Mapping Section, IRC Property Appraiser's Office ;''VLD FOR /- / ` l (L C MEETING - CONSENT AGENDA RESOLUTION NO 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR RIGHT-OF- WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF-WAY FROM THE PARENT PARCEL (LOT 1 OF DAVILLA PARK, RECORDED IN PLAT BOOK 3, PAGE 69, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA). WHEREAS, on September 12, 2013 Indian River County purchased on the open market Lot 1, of Davilla Park from William Langdon and Sandra Langdon for future road expansion of 26th Street; said conveyance was recorded in Book 2704 at Page 2099 of the Public Records of Indian River County, Florida; and WHEREAS, the purpose of purchasing the property on the open market was to avoid expert witness costs and attorney's fees that would be incurred through the eminent domain process at the time the right-of-way was needed; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way so that the remainder can be re -sold and put back on the tax rolls; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A"; and 1 13 RESOLUTION NO. 2014 - WHEREAS, a sketch and legal description have been prepared for the remainder property and are attached hereto as Exhibit "B"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, as well as cut out the designated right-of- way from the parent parcel, thus alleviating any potential boundary issues that may surface in the future with respect to the re -selling of the remainder property identified in the attached Exhibit "B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit "A," is hereby formally designated as right-of-way; and 2 This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. 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: 14 RESOLUTION NO. 2014 - Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E Flescher Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of , 2014. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk APPROVED AS TO FOR AND L' . AL FFIaE BY WILLIA K. DEBRAAL DEPUTY COUNTY ATTORNEY 3 15 0530-H313N5 PAN 10.1000NYI-111ft\OMO\A3AN(IS AON9 NOOONY1 31Y Nit i 15 NL9Z 9Kt\A39NMV3nynnS SCO N000NY1-31Y NILE 8 IS H192 9Kt\51O3MLd NOISNIO ONW33N&ONt.SMtl011 3r111Ad\! 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UWP=0�0 ZZO WF-MDW }N X0_U w0aIJ.IOZw4i OUJ 2E Z w Q N cxz( j W O 5zwwm zd(u. < 0 W 0 Cr 0J W CC Z . 0� U 0ct aNOZZ 101 3NIl 0 3 1 1 V l d N fl ar ldV3 NIM03 'lb3NNVl3 0'90000 OSLO -10000-££-6£-Z£ • 59 (S.917 10,480 SQUARE FEET, OR 0.24 ACRES, MORE OR 0 Z z Z• OVI) U w J VI CA M M 3 SOUTH LINE SECTION 33 N w 1- O z W F- )- 0 0 Z 3 OJ O O CC Q = _ > '— O ww 002 Z Q Z �Wc Ow 0 CL�4 0_O 0.1‹ Q O Z ct 0 60 < O > = O = 0ZZU) W O w cc w =ZU) O� W J J Q Q J � 0 0 O W - J WZa. x U UJ w1-- o� 0 M F-- wZ W 0 F- P W Z c O 0 W Z N OwJ O W M Lt.l Z W = W W u W < U)JOO= w 1- U Q = J O Z m O- F- O N < U) < w F- CL 2 U 0 J W_ F - w Q w z Q UJ I W W �w F - z O 0 0 O H Z O 0 0 1- U � o W 00. 0 O0_ Z O - Q0 r Z H V) W w W _ > F- M U) 0 0 CO Z 0 2 OF BEGINNING TWO QaM 5 w w 0 0 Z r:Tx O 2w Y W OWN z 0 1- 0 w 33 -32S -39E w m O c i= 0 z N a < 0 17 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 1801 27th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562 CONSENT TO: Joseph A. Baird, County Administrator THROUGH- Christopher R. Mora, P E , Public Works Director CI' FROM: W. Keith McCully, P E , Stormwater Engineer S SUBJECT: APPROVAL OF WORK ORDER NO. PCM -2 FOR SEDIMENT REMOVAL AT PC MAIN SCREENING FACILITY DATE: December 20, 2013 DESCRIPTION AND CONDITIONS The purpose of this Agenda Item is to request the Board of County Commissioners (Board) approve Work Order No. PCM -2 with EMC Divers, Inc. for sediment removal from the PC Main Screening Facility s sediment traps. PC Main is located in the Indian River Farms Water Control District's Main Relief Canal north of the County Administration building complex. On April 23, 2013 the Board approved the Master Agreement for this work and this is the second Work Order under the Master Agreement. Collectively, the facility's two sedimentation traps hold approximately 148 cubic yards of sediment, equal to about eight 18 -cubic yard dump trucks. Nitrogen and phosphorus are associated with many of the settable solids. Based on laboratory analysis, each sedimentation cell cleaning cycle (both cells cleaned) removes approximately 141 pounds of total nitrogen and 49 pounds of total phosphorus from the canal. These removals equal 35.25 and 24 50 forty -pound bags of 10-5-10 (N -P -K) fertilizer for total nitrogen and total phosphorus, respectfully. The cost of this Work Order is $7,100.00. F:\Pubhc Works\KeithM\Stormwater Projects\Main Relief Canal Operation\Dredging Sedimentation Basins\Agenda Items\Agenda - Consent - Work Order #PCM -2 - 12-17-2013.doc z‘b 18 Page 2 PC Main BCC Meeting — January 7, 2014 — CONSENT December 17, 2013 ANALYSIS Alternative No. 1 — Approve Work Order No. PCM -2 for $7,100.00 Alternative No. 2 — Reject Work Order No. PCM -2 FUNDING 1. Funding of the proposed $7,100.00 Work Order is budgeted and available from account #11128138-033490-07026, Transportation Fund/Stormwater/Other Contractual Services/Main Relief Canal Pollution Control System. RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve Alternative No. 1 — Approve Work Order No. PCM -2 with EMC Divers for $7,100.00 and authorize the Chairman to execute the Work Order on behalf of the County. ATTACHMENTS 1. Attachment A — Work Order No. PCM -2 (one copy) DISTRIBUTION 1. Christopher R. Mora, P E , Public Works Director 2. County Attomey Office 3. Budget APPROVED AGENDA ITEM FOR January 7, 2014 BY ��.. , . a 4. IIS/ CAD.shh a AInrbe Vn hl1/ACF.....,...n+or Denia .M%IA.,a.. Dailies r.,n.+l n..er.,+: rArlre4l..:..n Carlir..e..Faw.n e.,c:neAAnana.s I.e.,,eAAne..a.. 19 Indian River County Appr: d Date Administration %c2/1 Budget IL 1 W 16 Legal , 12r -3O-13 Public Works t 2 -r .2 3 - 13 Stormwater Engineering /2 23 -20 CAD.shh a AInrbe Vn hl1/ACF.....,...n+or Denia .M%IA.,a.. Dailies r.,n.+l n..er.,+: rArlre4l..:..n Carlir..e..Faw.n e.,c:neAAnana.s I.e.,,eAAne..a.. 19 WORK ORDER NUMBER PCM -2 SEDIMENT REMOVAL AT THE PC MAIN POLLUTION CONTROL FACILITY This Work Order is entered into as of this day of 2014 , pursuant to that certain Master Agreement for Sediment Removal at the PC Main Pollution Control Facility, entered into as of April 23, 2013 ("Agreement"), by and between Indian River County, a political subdivision of the State of Flonda ("COUNTY") and EMC Divers Inc. ("CONTRACTOR"). The COUNTY has selected the CONTRACTOR to fumish complete sedimentation removal services for the PC Main Pollution Control Facility's two sediment cells and inlet channel. With this Work Order, the CONTRACTOR shall remove all sediment, debris etc. from each sediment cell in accordance with the Specifications set forth in the Agreement. The professional services will be performed by the CONTRACTOR for the fee schedule set forth in Attachment 1, attached to this Work Order and made a part hereof by this reference The CONTRACTOR will perform the professional services within the timeframe specified in 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. CONTRACTOR EMC Divers, Inc: By: pill ed Title: Pre S: ftenke BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Chairman: Peter D. O'Bryanv Date by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk proved: Baird, County Administrator as to ciency: William K. Debraal, Deputy County Attorney 1 f:\public works\keithm\stormwater projects\mam relief canal operation\dredging sedimentation basins\contract and work orders\2013-2014 emc contract\work orders\work order #2 doc 20 ATTACHMENT 1 to WORK ORDER NO. PCM -2 SEDIMENTATION SYSTEM DREDGING AT THE MAIN RELIEF CANAL POLLUTION CONTROL FACILITY 1. COMPENSATION The COUNTY agrees to pay and the CONTRACTOR agrees to accept, a fee for services rendered according to the scope of this Work Order as follows: 1 Sedimentation System: Provide all labor, tools, equipment, supplies, utilities, materials fuel, etc. to remove all captured material from the two sediment cells and deposit the removed material in the sediment recovery area, including but not limited to mobilization, demobilization insurance, managing the sediment recovery area during the Work and decanting clear liquid from it, clean up and related incidentals (The storage volume of Cell #1 is approximately 68 cubic yards and the storage volume of Cell #2 is approximately 80 cubic yards.) GRAND TOTAL 1 EA $7,100.00 $7,100.00 $7,100.00 2. PAYMENTS The CONTRACTOR shall submit a single invoice to the Indian River County Stormwater Division for all Work performed for the Work Order. Per F.S 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONTRACTOR s invoice. **END OF ATTACHMENT 1** Page 2 of 2 21 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Public Works Division of Facilities Management Date: December 15, 2013 To: Joseph A. Baird, County Administrator Through: Christopher R. Mora, P E , Public Works Director From: Chris Burr, Facilities Manager/Project Manager CONSENT Subject: Sheriff's Crime Scene Unit- Final Payment of Retainage for Phase I and Phase II - Donadio and Associates BACKGROUND: On September 8, 2009, the Board approved a Professional Services Agreement with Donadio and Associates, P. A. to perform a Sheriff's Office spatial needs analysis and site master plan (Phase I) and design of an evidence storage facility (Phase II). During completion of the Phase I work, the County purchased property adjacent to the Sheriffs Office (formerly SunSky Roofing) This site includes two structures intended for adaptive reuse by the Sheriffs Department Crime Scene Unit and other divisions. Work order #1 in the amount of $27,500 included evaluation of the structures and systems for renovation as a solution to the space needs identified in the Phase I work Professional fees for the construction and bidding documents for the reuse of existing building were approved by the Board in Work Order #2 in the amount of $219,802.00 on June 19, 2012 All work has been completed for Phase I and Phase II at this time A final pay request in the amount of $6,500.10 has been submitted and the amount confirmed with the Finance Department. FUNDING: Final Payment of Retainage is available from Impact Fees/Retainage/ Donadio & Assoc./Crime Scene Bldg Renovation, Acct# 103-206000-01004. RECOMMENDATION: Staff recommends that the Board approve the final pay request from Donadio and Associates in the amount of $6,500.10. Approved Agenda Item For January 7, 2014 ca,earb N . Indian River Co. Approved Date Administration tEk`► Ong County Attorney hi !�� - 0Budget j rj $ Department l /_ Facilities Management / ANA F:\Public Works\Luanne M\Facilities Management\Sheriff Storage -New Bldg & Future Facility\Final pay for Donadio Crime Scene BCC 1-7-14.doc 22 Billing Group ID: [003] Phase III: Additional Services 10% RETAINAGE AMOUNT HAS BEEN WITHHELD FROM EACH INVOICE. Invoice Reference 3834 Retainage for Invoice 3834 3845 Retainage for Invoice 3845 3851 Retainage for Invoice 3851 3870 Retainage for Invoice 3870 3873 Retainage for Invoice 3873 3887 Retainage for Invoice 3887 4009 Retainage for Invoice 4009 Invoice Date 10/5/2012 11/6/2012 12/3/2012 1/8/2013 2/1/2013 3/1/2013 11/4/2013 Retainaee Amount $88.00 $2,655.00 $1,101.00 $98.00 $487.50 $162.50 $98.00 Billing Group Total: Retainage Total Due: Retalnaae Balance $88.00 $255.00 $441.00 $98.00 $0.00 $0.00 $98.00 $980.00 Amount Due $88.00 $255.00 $441.00 $98.00 $0.00 $0.00 $98.00 $980.00 $6,500.10 Page 2 24 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: December 27, 2013 Board of County Commissioners Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Bu Jennifer Hyde, Purchasing Manag SUBJECT: Consideration of Hourly Rate Increase for Day Labor Services Bid 2012006 (Public Works Department / Road and Bridge Division) Background Information: Annual Bid 2012006 was awarded to MDT Personnel by the Board on October 4, 2011 to provide day laborers on an as -needed basis for general labor activities. The contract is utilized by several departments, but primarily Road and Bridge for mowing and flagging. The contract is currently on its last renewal, set to expire September 30, 2014. Each year the vendor (now known as Labor Ready as a result of the purchase of MDT in March of 2013) has requested an annual rate increase to coincide with the increase to Florida's minimum wage. Staff is in receipt of a request from Labor Ready to increase their hourly rate by 1.7%, or $0.19 per hour, to match the increase in Florida's minimum wage, which takes place January 1, 2014, as well as an additional 0.8% increase ($0.09 per hour) in their rate to offset unemployment tax increases and rising worker's compensation costs. The terms of the annual contract state any change in price, terms or conditions shall be accomplished by written amendment to this contract with final approval requiring Board action. It further states the vendor, for good cause, upon ninety- (90) days prior written notice may cancel this contract. The County retains the right to cancel this contract, with or without good cause, upon thirty- (30) days prior written notice. Event Hourly rate Price for previous bid cycle (ending 9/30/11) $11.15 Initial award price 10/4/11 $10.45 BCC Authorized Minimum Wage increase 1/1/12 $10.97 Minimum Wage increase 2/12/13 (current rate) $11.09 Rate to accommodate FL Minimum Wage increase $11.28 Total requested rate increase $11.37 25 2/10/2014 COVER PAGE Board of County Commission meeting January 7, 2014 Order of Documents 1. AGENDA 7 2. BACKUP 186 3. ADDITIONAL BACKUP+31 15 CONSENT AGENDA Based on 2013 utilization, Road and Bridge estimates 23,296 day labor hours to be required for the period January 1, 2014 through the expiration of the contract on September 30, 2014. The costs per rate option are: Several other departments also utilize this contract for as needed labor. In total, they have set aside approximately $60,000 for the remainder of the FY for as needed day labor. Should that entire allotment be required by the end of the FY the minimum wage increase would result in an additional $1,020 across the departments, or the full requested increase an overall $1,500 increase. Martin County received bids on September 11, 2013 for day labor services with the low (awarded) bid by Pacesetter Personnel Services at $11.06 per hour and the other two bids at $12.25 and $12.30 per hour (Labor Ready did not bid). The City of Titusville opened bids for day labor on September 20, 2013. They received only one bid, which was just over $12 00 per hour. Finally, the City of St. Augustine awarded their recent labor contract to Labor Ready for a rate of $11.57 per hour, with the other proposer submitting a price of $15 per hour. Alternatives: 1. Reject the request for the hourly rate increase in its entirety and rebid if Labor Ready submits a written request to terminate the contract for good cause as a result of the rejection. 2. Accept the request for the hourly rate increase, but only to $11.28 per hour to accommodate the increase to Florida's minimum wage. Reject the cost of doing business increase. Rebid, if Labor Ready requests termination as a result. 3. Accept the request for the entire increase to $11.37 per hour. FUNDING: The requested additional funds are available in the Road and Bridge Division account 11121441-033490 for Other Contractual Services. RECOMMENDATION: Staff recommendation is to select Alternative 2, approval of increase to offset minimum wage increase only, and authorize the Purchasing Division to issue blanket purchase orders at the new hourly rate for the period beginning the date of Board authorization through September 30, 2014 with Labor Ready. 26 Hou t Ciq t I 5t y x 1 . C I�.,� x.($11, 1�1 �" rren ate a,'r t t (t+�'I. °}fif.r,9 �5! 1/4J 09);' 1 At Adjust .i< 41_ C �K.��or * 7�` , .Wage ($11:28 for` Min k 11 .1 9 R rFLyr.�� XVa ^ 9 #SKY uIr Request.d 4 {Ak m dV�' 3Y & h increase ($11 37) ����pp xB Nab. Y 43 23,296 $258,352.64 $262,778.88 $264,875.52 Total Increase $4,426.24 $6,522.88 ($2,096.64 over Min Wage raise) Several other departments also utilize this contract for as needed labor. In total, they have set aside approximately $60,000 for the remainder of the FY for as needed day labor. Should that entire allotment be required by the end of the FY the minimum wage increase would result in an additional $1,020 across the departments, or the full requested increase an overall $1,500 increase. Martin County received bids on September 11, 2013 for day labor services with the low (awarded) bid by Pacesetter Personnel Services at $11.06 per hour and the other two bids at $12.25 and $12.30 per hour (Labor Ready did not bid). The City of Titusville opened bids for day labor on September 20, 2013. They received only one bid, which was just over $12 00 per hour. Finally, the City of St. Augustine awarded their recent labor contract to Labor Ready for a rate of $11.57 per hour, with the other proposer submitting a price of $15 per hour. Alternatives: 1. Reject the request for the hourly rate increase in its entirety and rebid if Labor Ready submits a written request to terminate the contract for good cause as a result of the rejection. 2. Accept the request for the hourly rate increase, but only to $11.28 per hour to accommodate the increase to Florida's minimum wage. Reject the cost of doing business increase. Rebid, if Labor Ready requests termination as a result. 3. Accept the request for the entire increase to $11.37 per hour. FUNDING: The requested additional funds are available in the Road and Bridge Division account 11121441-033490 for Other Contractual Services. RECOMMENDATION: Staff recommendation is to select Alternative 2, approval of increase to offset minimum wage increase only, and authorize the Purchasing Division to issue blanket purchase orders at the new hourly rate for the period beginning the date of Board authorization through September 30, 2014 with Labor Ready. 26 ATTACHMENTS: Labor Ready Amendment Request Labor Ready Rate Information Memo APPROVED AGENDA ITEM: B F 1i54'. &cwd oseph(A. Baird, County Administrator R: 7 070/9 CONSENT AGENDA Indian River Co • ..ro ed Dat Admin t, i0J- J Legal ¶�.6 4. i Budget � Department a 3 - 3 Risk Manager 27 EADY ipiggwrio a TRUEBLUE company DEC 23 13 i10:33:54 December 23rd, 2013 Indian River County General Services department -Purchasing Division 1800 27`h Street Vero Beach, Florida 32960 RE: Indian River Bid No. 20122006 Contract Amendment Dear Madam or Sir: Pursuant to Section 2C — Terms and Conditions of the above referenced Bid between Indian River County and MDT Personnel, LLC, now assigned to Labor Ready Southeast, Inc., ("Labor Ready") Labor Ready is requesting an amendment to the contract due to expire September 30, 2014 Due to Florida s Minimum Wage Increase effective January 1, 2014, Labor Ready is requesting a rate increase. Accordingly, Labor Ready would like to amend the rate to reflect $11.37. All other terms and conditions of the original contract shall remain in full force during the effective period of this renewal. We look forward to continuing a successful partnership in the coming year and supporting your staffing needs. Respectfully, Labor Ready Southeast, Inc. Kristen Robinson Contract Services Assistant 13y: 2013.12.23 07:19:21 -08'00' Kristen Robinson, Contract Services Assistant LABOR READY SPA` ",TAN* CLP � f � `• Tr:L CENTERLINE 28 r.r/-L!c:2r Indian River County 4550 41st St Vero Beach, FL 32967 Dear Valued Partner, !ABM READY a TRUEBLUE company Thank you for your continued partnership with Labor Ready. It's a relationship we value and look forward to growing, and we appreciate your trust in choosing us We want to let you know that we are facing an overall increase in the cost of doing business in 2014. This will impact your bill rate and is driven largely by these statutory increases: U nemployment Tax Increases: State unemployment funds continue to be under pressure due to unemployment and the length of time people collect benefits Many states have seen their Federal Unemployment Tax rates increase. Many states are also passing interest assessments on to employers based on their own federal loan repayment terms. As a staffing company, state and federal unemployment taxes are a fixed element of our pricing, and we have to pass those increases on. Rising Workers' Compensation Costs: We have a strong safety program, and it is our highest priority to bang our Temporary Workers home safely every day. Unfortunately, insurance and medical costs continue to climb. Minimum Wage Increases: Many states are increasing minimum wages next year, and when they do we must adjust our rates accordingly. Most of these increases are effective the beginning of 2014, and bill rates will reflect these changes at that time. For states with minimum wage increases effective mid -year, we will wait until mid -year to adjust those minimum wage rates. (This includes CA and MA that we know of so far, there may be more as states announce their plans for next year.) These cost impacts will increase your bill rate a minimum of increase rate 3% in the state of Florida. Your Account Representative will review your account before the end of the year and determine your final bill rate increase. That rate will be effective January 1, 2014 and may increase further if statutory rates change. Affordable Care Act (ACA): TrueBlue is a compliance leader and will be in compliance with all aspects of the ACA. While we will not increase our rates as a result of the ACA in 2014, we do expect changes in 2015. We take our pricing decisions seriously and respect the impact it has on your business. We make every effort to control our own costs for ourselves and our customers. Your account representatives are always available to discuss our partnership and assist you with any concerns or questions you may have. We look forward to strengthening our partnership with you next year Best regards, i ; ,/ , Wayne Larkin P resident, Labor Ready Executive Vice President, TrueBlue I 44 44 4 • LABOR READY SPARTAN' J CLP (Pinile. CENTERLINE 29 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET CONSENT AGENDA 8G TO: Members of the Board of County. Commissioners DATE* December 30, 2013 SUBJECT: FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2013/2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FROM: Jason E Brown Director, Management & Budget DESCRIPTIONS AND CONDITIONS On July 16, 2013 the Board of County Commissioners approved the Application for Funding Assistance from the Florida Department of Law Enforcement for the Multi -Agency Criminal Enforcement Unit (M.A.C.E.) for fiscal year 2013/2014. Indian River County has received notification of the grant award for the M.A.C.E Program. The Certificate of Acceptance, which constitutes official acceptance of the award must be approved and received by the Department within thirty (30) calendar days from the date of the award and pnor to the reimbursement of any project expenditures. For the current fiscal year (2013/2014), Indian River County was allocated $72 427 in federal grant funds, with no match requirement. The amount of $10,575 has been approved for the Substance Awareness Drug Testing Program and the balance of the award has been approved for the Multi -Agency Criminal Enforcement Unit (M A C E) in the amount of $61,852. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Certificate of Acceptance of Subgrant Award for the Multi -Agency Criminal Enforcement Unit Grant in the amount of $61,852. 30 Board of Commissioners December 30, 2013 Page 2 of 2 ATTACHMENTS Letter from Florida Dept. of Law Enforcement Certificate of Acceptance of Subgrant Award Subgrant Award Certificate Notification Grant Form APPROVED AGENDA ITEM: BY: Josep A. Baird County Administrator FOR: January 7, 2014 Indian River County Datej Administrator, `roved 1102// Legal t -i 12 Budget 1.315 12 Department 0/320 Risk Management 31 FDLE Florida Department of Business Support Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Gerald M. Bailey Tallahassee, FL 32302-1489 Commissioner (850) 617-1250 www fdie.state.fl.us DEC 2 0 2013 The Honorable Joseph Flescher Chairman Indian River County Board of Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Re: Contract No. 2014-JAGC-INRI-2-E5-233 Dear Chairman Flescher: Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture The Florida Department of Law Enforcement is pleased to award an Edward Byme Memorial Justice Assistance Grant to your unit of government in the amount of $ 61,852.00 for the project entitled, MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT 2013-2014. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. As you may be aware, information from subgrants and performance reports are currently provided to the Department of Justice under the Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act (FFATA) to meet current federal transparency requirements However, the State of Florida recently passed legislation requiring all contracts, including grants for state or federal financial assistance, be provided to the Department of Financial Services via the Florida Accountability Contract Tracking System (FACTS). This grant contract and all subsequent correlating information including performance reports, expenditure reports grant amendments, etc. are provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida for transparency in government spending. If this grant agreement contains confidential or exempt information not subject to disclosure under the public records law Chapter 119, F.S., (such as the names of personnel and disclosure of equipment for certain undercover operations etc. that may result in officer names or other sensitive information on grant documents and expenditure reports) please contact the Office of Criminal Justice Grants for information on requesting exemption from public records disclosure. Please complete and retum the enclosed Certification of Acceptance to the Office of Criminal Justice Grants within 30 calendar days from the date of award This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures We look forward to working with you on this project. Please contact Planning Manager Annamarie Whatley at (850) 617-1250 if you have any questions or we can be of further assistance Sincerely, Petrina Tuttle Herring Administrator PTH/aI Enclosures Service • integrity • Respect • Quality R FC -IF rt DEC 302013 1 4y4r•a. L.ii.o e 32 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2014-JAGC-INRI-2-E5-233, in the amount of $ 61,852.00, for a project entitled MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT 2013-2014, for the period of 10/01/2013 through 09/30/2014, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions goveming this subgrant. (Signature of Subgrantee's Authorized Official) Peter D. O'Bryan, Chairman (Typed Name and Title of Official) Indian River County Board of Commissioners (Name of Subgrantee) January 7, 2014 (Date of Acceptance) Rule Reference 11D-9.006 OCJG-012 (rev. June 2012) • 33 SUBGRANT AWARD CERTIFICATE S ubgrantee: Indian River County Board of Commissioners Date of Award• j 21(9 /223 G rant Period: From: 10/01/2013 TO: 09/30/2014 Project Title: MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT 2013-2014 G rant Number: 2014-JAGC-I NRI -2-E5-233 Federal Funds: $ 61,852.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 61,852.00 CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.0 3751-3759); the Consolidated Appropriations Act, 2008 Public Law 110-161; and Public Law 109-162 Title XI Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice s Grant Programs Chapter 1, Assisting Law E nforcement and Criminal Justice Agencies, Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D Office of Justice Programs Common Rule for State and Local Govemments and A-87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorized Official Petrina Tuttle Herring Administrator / 2-/l9/2c43 Date (V)This award is subject to special conditions (attached). 34 GRANT NAME: M.A.C.E. GRANT # 2014-JAGC-INRI-2-E5-233 AMOUNT OF GRANT: $61,852 DEPARTMENT RECEIVING GRANT: Indian River County Board of County Commissioners CONTACT PERSON: Jason E. Brown TELEPHONE: 772-226-1214 1. How long is the grant for? One Year Starting Date: October 1, 2013 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant N/A 5. Grant match amount required N/A 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs Acct. Description Position Position Position Position Position 011.12 Regular Salaries Second Year $ $ $ $ 011.13 Other Salaries & Wages (PT) $ $ Fourth Year $ 012.11 Social Security $ Fifth Year $ 012.12 Retirement — Contributions $ 012.13 Insurance — Life & Health 012 14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs Grant Amount Other Match Costs Not Covered Match Total First Year $61,852 $ $ $61,852 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ 10. What is the estimated cost of the grant to the county over five years? N/A Signature of Preparer• Date: December 30, 2013 35 J =' Grant Amount Other Match Costs Not Covered Match Total First Year $61,852 $ $ $61,852 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ Fifth Year $ $ $ Signature of Preparer• Date: December 30, 2013 35 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director Department of EmergenciS,tces FROM: Dale Justice, Emergency vManagement Coordinator DATE: November 8, 2013 CONSENT SUBJECT: Acceptance and Approval of Expenditures of the 2013/2014 Federally -Funded Community Emergency Response Team (CERT) sub -grant # 14 -CI -XX -XX -XX - XX -XXX It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Citizen Corps and Community Emergency Response Team (CERT) Program - The Citizen Corps/CERT mission is to bring community and government leaders together to coordinate the involvement of community volunteers and organizations in emergency preparedness, planning, mitigation, response, and recovery. Annually, the Division of Emergency Management, through the executive office of the Governor, administers the CERT sub -grant following authorization in Chapter 252, Florida Statutes and State Rule Chapter 9G-6, Florida Administrative Code. Funding for the CERT sub -grant is used to establish and sustain the Indian River County CERT volunteer program through Indian River County Emergency Management. FUNDING: This is a 100% federally funded subgrant expenditure request consistent with the Florida Division of Emergency Management directives. The Term of the Agreement is from September 01, 2013 through September 30, 2014. An in-kind match is required from Indian River County which is fulfilled with items such as donated equipment and volunteer hours No Additional funding is required. Item Amount Account Number 1. Planning Activities Consumable Supplies $1,154.00 00120825-035290-14802 — 2 Equipment Activities $8,846.00 00120825-035290-14802 3. Training Activities $1,200.00 00120825-034020-14802 00120825-035430-14802 Total $11,200.00 36 RECOMMENDATION: Staff recommends acceptance and approval of expenditures as directed in the Federally Funded Subgrant Agreements. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or repriontization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. ATTACHMENTS: 1. Four (4) Original Copies of Agreement #14 -CI -XX -XX -XX -XX -XXX (On File in BCC Office) 2. Indian River County Office of Budget and Management Grant Form APPROVED FOR AGENDA FOR: January 7, 2014 BY: • • �ose l l A. Baird County Administrator 37 Indian River Co. App , V Date Legal ,tt 12-30-1; Budget (213 3'1 _ Dept. 0' 1J IT•L6.4 Risk Mgr. V General Svcs. 37 GRANT NAME• Community Emergency Response Team (CERT) Grant GRANT # 14 -CI -XX -XX -XX -XX -XXX AMOUNT OF GRANT $ 11,200.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 226-3859 1. How long is the grant for? 12 months Starting Date: September 1, 2013 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? . Yes No 4. Percentage of match N/A 0% 5. Grant match amount required $ Yes 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? In Kind Services 7. Does the grant cover capital costs or start-up costs? Yes No If no, how much do you think will be needed in capital costs or start up costs (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed; please attach a schedule.) Yes X No 9. What is the total cost of each position including benefits, cap'tal, start-up, auto expense, travel and operating? Grant Amount Salary and Benefits Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A Total Fust Year $ 11,200.00 $ N/A $ N/A 011.13 Other Salaries & Wages (PT) N/A Second Year $ N/A $ $ 012.11 Social Security N/A Third Year $ $ $ $ 012.12 Retirement -Contributions N/A $ $ $ Fifth Year $ 0 012.13 Insurance -Life& Health N/A y $ • 012.14 Worker=s Compensation N/A 012.17 S/Sec. Medicare Matching N/A TOTAL N/A 0 9. What is the total cost of each position including benefits, cap'tal, start-up, auto expense, travel and operating? 10. What is the estimated cost of the grant to the county over five years? $ Grant Amount Salary and Benefits Operating Costs Capital Total Costs N/A Match Covered N/A N/A N/A Total Fust Year $ 11,200.00 $ N/A $ N/A $ 11,200.00 Second Year $ N/A $ $ $ N/A Third Year $ $ $ $ 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: November 18,2013 38 Grant Amount Other Not Match Covered Costs Match Total Fust Year $ 11,200.00 $ N/A $ N/A $ 11,200.00 Second Year $ N/A $ $ $ N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $y $ y $ Signature of Preparer: Date: November 18,2013 38 Contract Number: 14 -CI CFDA #: 97.042 FEDERALLY -FUNDED SUBGRANT AGREEMENT 7• IDI'{ 6.11. THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the 'Division"), an Indian River County, (hereinafter referred to as the 'Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein* B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following* (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Program Budget and Scope of Work, Attachment A and B of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment D. (3) PERIOD OF AGREEMENT. This Agreement shall begin on September 1, 2013 and shall end September 30, 2014, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement (4) MODIFICATION OF CONTRACT. Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB Circular No. A-102 "Common Rule: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State, Local and Indian Tribal Governments," OMB Circular No A-21, "Cost Principles for Educational Institutions,' or OMB Circular No A-122, "Cost Principles for Non-profit Organizations.' (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division The five year period may be extended for the following exceptions* 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. 38.1 (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Program Budget and Scope of Work - Attachment A and B - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m to 5:00 p.m. local time, on Monday through Friday. "Agents' shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m , local time, Monday through Friday. (c) The Recipient shall provide the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Division. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non - Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to the Division at the following address: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission to: http://harvester.census.covffac/collect/ddeindex.html And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Division at the following address: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 3 3. 2 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A- 133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS. (a) The Recipient shall provide the Division with quarterly financial reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement in addition to any other information requested by the Division. (b) Quarterly financial reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31, March 31 and June 30 (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraphs (10), (11) and (12) of this Agreement, and Rule 27P-19.014, Florida Administrative Code. "Acceptable to the Division means that the work product was completed in accordance with the Program Budget and Scope of Work (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Attachment C. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement, and reported in the quarterly financial report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY. (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat , the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under 38.3 this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information: or (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days pnor written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; 3. Advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; 4. Require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law; or (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any nght or remedy in this Agreement or fails to insist on strict performance by the Recipient it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds fraud, lack of compliance with applicable rules laws and regulations, failure to perform 38.4 on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat.,.as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Chanda Jenkins Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone 850-414-8538 Fax: 850-488-7842 Email Chanda.Jenkins@em.myflonda.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: -IrAtn,Rrar en,ur-Ar 4aab y3 air y \ie.to Q tea FL 3'1citQ7 Telephone: 1.1a - 5<c1 -a l5q 5t Q -t -s a_3 Email. exe` :rcnp.c_rin. (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name title and address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS. If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations and (in) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly financial report the subcontractor s progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS. This Agreement contains all the terms and conditions agreed upon by the parties. 3S• 5 (16) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Program Budget Attachment B — Scope of Work Attachment C — Reports Attachment D — Program Statutes, Regulations and Special Conditions Attachment E — Justification of Advance Payment Attachment F — Warranties and Representations Attachment G — Certification Regarding Debarment Attachment H — Statement of Assurances Attachment I — Reimbursement Checklist (17) FUNDING/CONSIDERATION. (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $11,200.00, subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16), FIa.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of th's Agreement The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. (c) After the initial advance, if any payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Program Budget and Scope of Work, Attachment A and B of this Agreement. (d) Invoices shall be submitted at least quarterly and shall include the supporting documentation• for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Recipient certifying that "all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these amounts " The supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost Principles The final invoice shall be submitted within thirty (30) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Recipient's quarterly financial reporting as referenced in Paragraph 7 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. Changes to the amount of funding pursuant to Paragraph (17)(a) above may be accomplished by notice from the Division to the Recipient. The Division may make an award of additional funds by subsequent modification. All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Division that are not expended in implementing this program shall be returned to the Division, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. 38.6 The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES Any requests received after September 30, 2014, at the discretion of the Division, may not be reimbursed from this Agreement. This agreement may be renewed, at the Division's sole discretion, for a period that may not exceed three years or the term of the original Agreement, whichever period is longer, specifying the renewed price and subject to the availability of funds. Pursuant to Section 287.057(13), Florida Statutes, exceptional purchase contracts pursuant to Section 287.057(3)(a) and (c), may not be renewed. Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non- federal funds. (18) REPAYMENTS. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management" and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater (19) MANDATED CONDITIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient (b) This Agreement shall be construed under the lawsof the State of Flonda, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of disability in employment public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not subm't a bid on a contract with a public entity for the construction or repair of a public building or public work may not submit bids on leases of real property to a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 3B•7 (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in Paragraph 19(g)2., of this certification; and 4. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061(14)(a), Fla. Stat. The provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this section, but only to the extent of the conflict. (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount (m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION. (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 38.8 Overtime and backfill expenses are defined who worked over scheduled daily performance of Backfill Costs also are defined as expenses personnel who are perform the duties temporarily assigned activities outside Neither overtime result of an increase (FTEs) employees. to the extent the accordance with of local government state or the awarding applicable. In no allowable. That government may their unit or agency award for a single 5:00 pm), even both activities Fringe are limited to Federal (FICA), Workers' Unemployment as and above or weekly FEMA called working of other to their core nor backfill of These payment the policies and agency case is is, an employee not receive of period though benefits Insurance Compensation Compensation. costs the — approved 'Overtime from FEMA Full has dual government such — Overtime result of personnel their normal worked time activities. as the result overtime in personnel who — approved responsibilities. expenses — Time Equivalent costs are allowed for such services of the state the approval whichever compensation of a unit compensation AND of time (e.g., 1:00 work may on overtime Contributions and in the Backfill" of order to are are the only is in or unit(s) of the is of from from an pm to benefit hours Act Travel expenses Meeting -related expenses (For a complete list of allowable meeting related expenses, please review the OJP Financial Guide at http://www.ojp.usdoj.gov/FinGuide). Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the period of performance: • Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. • Leasing and/or renting of space for newly hired personnel. TOTAL ALL EXPENDITURES $11,200 Cost Sharing Allocation Source Amount TOTAL 6 3841 Attachment B Scope of Work Funding is provided to perform eligible activities as identified in the Emergency Management Performance Grants (EMPG) Program Funding Opportunity Announcement (FOA). The intent of this Agreement is to complete the following allowable activities: I. EO and Project Description EO _— Citizen Corps and Community Emergency Response Team (CERT) Program - The Citizen Corps mission is to bring community and government leaders together to coordinate the involvement of community members and organizations in emergency preparedness, planning, mitigation, response, and recovery. The FY 2013 Citizen Corps Program (CCP) funds provide resources for States and local communities to: • Bring together the appropriate leadership to form and sustain a Citizen Corps Council • Develop and implement a plan and amend existing plans, such as emergency operations plans (EOP) to achieve and expand citizen preparedness and participation • Conduct public education and outreach • Ensure clear timely, and accessible alerts/warnings and emergency communications with the public • Develop training programs for the public, including special needs populations, for both all -hazards preparedness and volunteer responsibilities • Facilitate citizen participation in exercises • Implement volunteer programs and activities to support emergency responders • Involve citizens in surge capacity roles and responsibilities during an incident in alignment with the Emergency Support Functions and Annexes • Conduct evaluations of programs and activities II. Categories and Eligible Activities Eligible activities are outlined in the Scope of Work for each category below. FY 2013 EMPG allowable costs are divided into the following categories. planning, training, exercises equipment, management and administration cost. Each category's allowable costs have been listed in the "Budget Detail Worksheet" Attachment A. Eligible activities should support the above approved projects. A. Planning Planning spans across all five NPG mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Integrating non-governmental entities into the planning process is critical to achieve comprehensive community preparedness. To meet this important objective, EMPG funds may be used to support the following: • Establishing and sustaining bodies to serve as Citizen Corps Councils. • Assuring that State and local government homeland security strategies, policies, guidance, plans and evaluations include a greater emphasis on government/non-governmental collaboration, citizen preparedness, and volunteer participation. • Developing/enhancing emergency management and operations plans to integrate citizen/volunteer and other non-governmental organization resources and participation. • Community-based planning to advance "whole community" security and emergency management. 18 38. I`8 • Developing and implementing a community preparedness strategy for the State/local jurisdiction. • Developing or reproducing accessible public education and outreach materials to: increase citizen preparedness and knowledge of protective actions (to include the national Ready Campaign materials); promote training, exercise, and volunteer opportunities; and inform the public about emergency plans, evacuation routes, shelter locations and public alerts/warnings. • AD public education and outreach materials must include the national or jurisdiction's Citizen Corps logo, tagline or website or the Ready logo, tagline, or website and comply with logo standards. For more information go to http://www.citizencorps.gov. In addition, all public education and outreach materials should incorporate special needs considerations, to include language, content, and method of communication. • Allowable expenditures include: • Media campaigns: Public Service Announcements (PSAs), camera-ready materials, website support, and newsletters. • Outreach activities and public events: Booth displays, event backdrops or signs, displays and demonstrations utilizing translation services, and informational materials such as brochures/flyers. • Costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities. • Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness and/or response. • Citizen support for emergency responders is critical through year-round volunteer programs and as surge capacity in disaster response. Citizen Corps funding may be used to establish, enhance or expand volunteer programs and volunteer recruitment efforts for Neighborhood Watch/USAonWatch, Community Emergency Response Teams (CERT), Volunteers in Police Service (VIPS), Medical Reserve Corps (MRC), and Fire Corps; for the Citizen Corps Affiliate Programs and Organizations; and for jurisdiction specific volunteer efforts • Allowable expenditures include: • Recruiting screening and training volunteers (e.g. background checks) • Retaining recognizing, and motivating volunteers. • Purchasing, maintaining, or subscribing to a system to track volunteers (to include identification and credentialing systems and to track volunteer hours) and other available resources in compliance with applicable privacy laws • Necessary non-structural accommodations to include persons with programmatic and communications access needs (e.g sign language interpreters. Computer Assisted Realtime Translation (CART) and other modifications of policies and practices to fully include volunteers with disabilities). • Evaluating volunteers B. Training Training funded through the CCP includes but is not limited to: all -hazards safety, such as emergency preparedness, basic first aid, life saving skills, crime prevention and terrorism awareness, school preparedness, public health issues, mitigation/property damage prevention, safety in the home, light search and rescue skills, principles of NIMS/ICS community relations volunteer management, serving people with disabilities, pet care preparedness, any training necessary to participate in volunteer activities any training necessary to fulfill surge capacity roles, or other training that promotes individual, family, or community safety and preparedness. 19 3&•19 There is no cap on the number of deliveries State or local jurisdictions may conduct of non -responder community based workshops, seminars, demonstrations, or conferences. Examples include; CPR/AED training, identity theft workshops, terrorism awareness seminars, chain -saw safety demonstrations, and disability -inclusive community preparedness conferences. Funding for CERT training includes the delivery of the CERT Basic Training Course, supplemental training for CERT members who have completed the basic training, and the CERT Train -the -Trainer Course, and the CERT Program Manager Course Any CERT Basic training conducted by State or local entities must: 1) include the topics covered in the FEMA CERT Basic Training Course; 2) be instructor -led and 3) and classroom -based, using lecture, demonstration, and hands-on practice throughout. Note that the Independent Study course, "Introduction to CERT" (IS 317) must not be substituted for classroom delivery of CERT basic training. Supplemental training for CERT members who have completed the basic training includes modules available on the national CERT website, as well as other supplemental training that meets the following criteria: • Relates to a reasonably foreseeable activity CERT members might be tasked to perform in support of emergency services responders; • Increases competency and understanding of the emergency management context in which CERT members may be asked to operate; or • Enhances understanding of a particular local hazard CERT members might encounter in their response activities. There is no cap on the number of deliveries State or local jurisdictions may conduct of the CERT Basic Training the CERT Train -the -Trainer, Campus CERT Train -the -Trainer, Teen CERT Train -the - Trainer, or CERT Program Manager courses, or supplemental/advanced training for CERT program participants. Any training supported with these CCP funds should be delivered with specific consideration to include all ages, ethnic and cultural groups, persons with disabilities, and access and functional needs populations at venues throughout the community to include schools, neighborhoods, places of worship, the private sector, non-governmental organizations, and government locations. Expenditures to provide necessary non-structural accommodations for persons with disabilities and other access and functional needs is allowable (e.g., sign language interpreters, CART and other modifications of policies and practices to fully include participants with disabilities). Jurisdictions are also encouraged to leverage existing training provided via educational/professional facilities and to incorporate non-traditional methodologies such as the Internet, distance learning, or home study whenever such delivery supports training objectives. Pilot courses and innovative approaches to training citizens and instructors are encouraged. Instruction for trainers and training to support the Citizen Corps Council members in their efforts to manage and coordinate the Citizen Corps mission is also an allowable use of the FY 2013 CCP funding. E MPG Program funds used for training should support the nationwide implementation of NIMS. The N IMS Training Program establishes a national curriculum for NIMS and provides information on N IMS courses; grantees are encouraged to place emphasis on the core competencies as defined in the NIMS Training Program. The NIMS Training Program can be at http.//www fema.qov/pdf/emergencv/nims/nims training program.pdf/. The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing standards. The NIMS Guidelines for Credentialing can be found at http://www.fema/qov/pdf/emergencv/nims/nims cred guidelines report.pdf. 20 38-26 To ensure the professional development of the emergency management workforce, the grantee must ensure routine capabilities assessment is accomplish and a multi-year training plan is developed and implemented. Allowable Training Costs Allowable training -related costs include, but are not limited to, the following: • Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to administering the training, planning, scheduling facilities materials and supplies, reproduction of materials disability accommodations and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the training cycle. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel which are the direct result of attendance at FEMA and/or approved training courses and programs, are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(s) of local government and have the approval of the State or awarding agency, whichever is applicable. Such costs must be included within the funding allowed for program management personnel expenses, which must not exceed 15 percent (15%) of the total allocation as specified in section E.6. In no case is dual compensation allowable (see above). • Certification/Recertification of Instructors. Cost associated with the certification and re- certification of instructors is allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses that involve training of trainers. C. Exercises Exercises specifically designed for or that include participation from non-governmental entities and the general public are allowable activities and may include testing public warning systems, evacuation/shelter in-place capabilities, family/school/business preparedness, and participating in table -top or full scale emergency responder exercises at the local, State tribal, territorial, or national level, to include the National Level Exercises. Grantees are encouraged to develop exercises that test their SOPs/SOGs in accordance with the FY 2013 Priority requirements. Allowable exercise -related costs include: • Funds Used to Design, Develop, Conduct, and Evaluate an Exercise — Includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation Grantees are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of 21 38 .21 space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills Any exercise or exercise gaps including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part -Time Staff or Contractors/Consultants — Full or part-time staff may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(s) of local government and have the approval of the State or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. In no case is dual compensation allowable. • Overtime and Backfill — The entire amount of overtime costs, including payments related to backfilling personnel which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g , 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel — Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise project(s) or HSEEP programmatic requirements as described in the HSEEP website (e.g., Improvement Plan Workshops, Training and Exercise Plan) • Supplies — Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non- sterile masks, and disposable protective equipment). • Disability Accommodations - Materials, services, tools and equipment for exercising inclusive of people with disabilities (physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities). • Other Items — These costs include the rental of equipment (e.g., portable toilets, tents), food, gasoline, exercise signs, badges, etc Unauthorized exercise -related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g. electronic messaging signs). • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct. Exercise Requirements Exercises conducted with FEMA support must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP) HSEEP Guidance for exercise design, development, conduct, evaluation, and improvement planning is located at https://hseep.dhs.gov. The HSEEP Library provides sample exercise materials and templates. 22 3g.Zz All exercises using HSGP funding must be NIMS compliant. More information is available online at the NIMS Integration Center http://www.fema.gov/emergency/nims/index.shtm. Where applicable, the Training and Exercise Plans should include training and exercises that support specialized programs, such as the Regional Catastrophic Preparedness Grant Program States are encouraged to exercise their capabilities with regard to infants and children across all aspects of response and recovery, including pediatric medical surge capabilities and integrating the accessibility and functional needs of children and adults with disabilities. • Exercise Scenarios. The scenarios used in HSGP-funded exercises must be based on the State/Urban Area's Homeland Security Strategy and plans Acceptable scenarios for SHSP, UASI, MMRS, and CCP exercises include: chemical, biological radiological, nuclear, explosive, cyber, agricultural and natural or technological disasters Exercise scenarios must be catastrophic in scope and size as defined by the National Response Framework. The scenarios used in HSGP-funded exercises must focus on validating existing capabilities and must be large enough in scope and size to exercise multiple tasks and warrant involvement from multiple jurisdictions and disciplines and nongovernmental organizations, and take into account the needs and requirements for individuals with disabilities. Exercise scenarios should also be based on the Multiyear Training and Exercise Plan. • Special Event Planning If a State or Urban Area will be hosting a special event (e.g., Super Bowl, G-8 Summit), the special event planning should be considered as a training or exercise for the purpose of the Multi -Year Training and Exercise Plan. The State or Urban Area should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers) that focus on evacuations, communications, and command and control. States should also anticipate participating in at least one Regional Exercise annually. States must include all confirmed or planned special events in the Multi-year Training and Exercise Plan. • Exercise Evaluation Improvement Exercises should evaluate performance of the objectives and capabilities required to respond to the exercise scenario. Guidance related to exercise evaluation and improvement planning is defined in the Homeland Security Exercise and Evaluation Program located at https://hseep.dhs.gov. • Role of Non -Governmental Entities in Exercises. Non-governmental participation in all levels of exercises is strongly encouraged. Leaders from nongovernmental entities should be included in the planning, conduct, and evaluation of an exercise. State, local, tribal, and territorial jurisdictions are encouraged to develop exercises that test the integration and use of non-governmental resources provided by non-governmental entities defined as the private sector and private non-profit, faith -based, community, volunteer, and other non-governmental organizations. Non-governmental participation in exercises should be coordinated with the local Citizen Corps Council(s) and other partner agencies. The scenarios used in HSGP- funded exercises must focus on validating existing capabilities, must comply with and be large enough in scope and sixe to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non-governmental organizations, and take into account the needs and requirements for individuals with disabilities. D. Equipment States and Urban Areas are encouraged to fully leverage all HSGP resources for equipment to support volunteer personnel in preparedness and response. All allowable equipment costs are listed in the AEL available at https://www.rkb.us. 23 Any equipment purchased with CCP funding must be used for specific preparedness or volunteer training or by volunteers in carrying out their response functions. Examples of equipment used to support training and exercises for citizens include items such as burn pans or sample preparedness kits. Expenditures for kits used in volunteer response (e.g. CERT or MRC kits / backpacks) or clothing for official identification must not exceed 30 percent of the total Citizen Corps Program allocation. Clothing for official identification includes those items that volunteers are required to wear when engaging in public safety activities or disaster response (e.g. t -shirts for CERT members, baseball caps for Neighborhood Watch/USAonWatch Program foot patrol members). To assure appropriate and consistent use, such clothing items must be issued by the agency that trains the volunteers. CCP supported volunteer programs and assets, which are authorized to deploy in response and recovery operations, must meet the minimum training and equipment requirements, as determined by the national program office in coordination with the sponsoring State/territory. Necessary accommodations that meet the disability related access and functional needs of participants should be provided. E. Management and Administration - no more than 5% of each sub recipient's total award may be expended on Management and Administration costs. M&A activities are those define as directly relating to the management and administration of EMPG Program funds such as financial management and monitoring. It should be noted that salaries of State and local emergency managers are not typically categorized as M&A, unless the State or local EMA chooses to assign personnel to specific M&A activities. Hiring of full-time or part-time staff or contractors/consultants• • To assist with the management of the respective grant program • To assist with application requirements • To assist with the compliancy with reporting and data collection requirements Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls. Costs associated with achieving emergency management that is inclusive of the access and functional needs of workers and citizens with disabilities. Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA — approved activities. Backfill Costs also called Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA — approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full — Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA) Workers' Compensation and Unemployment Compensation. Program Requirements 1. The following are required items to be provided to participate under the CERT Sub -grant: (NOTE: Special exemption can be granted by the State Citizen Corps/CERT office.) A. PPE Equipment 24 36,24 • Hard Hat • ID Tag • Light Stick • Protective Eyewear • Dust Mask or simple HEPA Mask • Reflective Vest • Latex or Nitrate Gloves • Marking Caulk or Marking Crayon • Signal Whistle • Bag/Backpack • Work Gloves • Flashlight (simple) • Roll of Duck Tape • Cardboard or Simple Splint (forearm or leg) • Disaster medical care items for at least 3 victims such as gauze, triangles, etc. B . Participant manuals — provided by applicant C. SOPs/SOGs D . Certificate 2. CERT trainings and events should be posted on the National Citizen Corps Calendar Website, SERT Trac State Calendar and approved by the State Citizen Corps/CERT office. 3. The following are required items for the CERT Basic Training Course to be taught under this sub - grant A. Use of the Full FEMA/EMI/FDEM CERT Basic Training Course — G317 including the terrorism module and showing the Sheltering -In -Place Video (DVD) B . Use of a CERT Train -the -Trainer (TTT) — G428 Qualified Individual (FEMA/FDEM graduate of the CERT TTT or Trainer Course) as Program Manager, Course Manager, or Lead Instructor C. Use of the CERT Program Manager Course — G427 Qualified Individual (FEMA/FDEM graduate of the CERT TTT or Trainer Course) as Program Manager. D . Use of Adequate Training Facility 4. It is the responsibility of the applicant to arrange and compensate course managers for CERT trainings and course manuals. 5. Tracking and reporting the number of trained CERT volunteers is not only a State of Florida priority, but also a DHS/ODP pnority. It is required to have a database to track the number of trained volunteers as well as someone, to monitor/enter data to such a database. 6. Required Quarterly Reports will be due as indicated in the signed contract, or separate schedule. The Quarterly Report should include more extended training data, explanation on the expenditure of Subgrant dollars for the quarter, and any CERT activities that took place during the quarter. FDEM reserves the right to change quarterly reporting due dates when to do so would be in the best interest of the State of Florida. 25 38.2-5 7. Citizen Corps/CERT programs must comply with the DHS requirement of NIMS compliancy. A letter from your County Emergency Management or your sponsoring agency indicating compliance with NIMS requirements must be completed by the deadline outlined in the contract. A. Cost Share Guidance Types of Match Cash Match - Cash (hard) match includes non -Federal cash spent for project -related costs, according to the program guidance. Allowable cash match must only include those costs which are in compliance with 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87) and 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. In-kind Match. In-kind (soft) match includes, but is not limited to, the valuation of in-kind services. "In-kind" is the value of something received or provided that does not have a cost associated with it. For example, if in-kind match (other than cash payments) is permitted, then the value of donated services could be used to comply with the match requirement Also, third party in-kind contributions may count toward satisfying match requirements provided the grantee receiving the contributions expends them as allowable costs in compliance with 2 CFR Part 225 Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87) and 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Definitions Matching or Cost Sharing This means the value of the third party in-kind contributions and the portion of the costs of a Federally -assisted project, or program not borne by the Federal Government. All cost-sharing or matching funds claimed against a FEMA grant by State, local or tribal governments must meet the requirements of the program guidance and/or program regulations, 44 CFR § 13, and 2 CFR § 225. Cash Match (hard). This includes cash spent for project -related costs under a grant agreement. Allowable cash match must include only those costs which are allowable with Federal funds in compliance with the program guidance and/or program regulations, 44 CFR § 13, and 2 CFR § 225. In-kind Match (soft). This means contributions of the reasonable value of property or services in lieu of cash which benefit a Federally -assisted project or program. This type of match may only be used if not restricted or prohibited by program statute regulation or guidance and must be supported with source documentation. Only property or services that are in compliance with program guidance and/or program regulations, 44 CFR § 13, and 2 CFR § 225, are allowable. Monitoring. Monitoring may be accomplished through either a desk -based review or on-site monitoring visits, or both. Monitoring will involve the review and analysis of the financial, programmatic, performance compliance and administrative processes, policies, activities, and other attributes of each county and will identify areas where technical assistance, corrective actions and other support may be needed. Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the applicant via e-mail and telephone. On -Site Monitoring are actual visits to the recipient agencies by a Division representative who examines records, procedures and equipment. The Division may request additional monitoring/information if the activity, or lack thereof, generates questions from the region, the sponsoring agency or Division leadership. The method of gathering this information will be determined on a case-by-case basis. 26 3&'26 ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES Recipients must comply with all applicable EHP laws, regulations, and Executive Orders (EOs) in order to draw down their FY 2013 EMPG Program grant funds Any project with the potential to impact natural resources or historic properties cannot be initiated until FEMA has completed the required FEMA EHP review. Recipients that implement projects prior to receiving EHP approval from FEMA risk de -obligation of funds. For these types of projects, Recipients must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation to their Grant Manager. Recipients should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award The Screening Form must be submitted prior to funds being expended Refer to IBs 329, 345, and 356 (located at http://www.fema.goy/government/grant/bulletins/index.shtm) The following types of EMPG projects are to be submitted to FEMA for compliance review under EHP laws and requirements prior to initiation of the project: • Any involvement with the installation of equipment; • Ground -disturbing activities; • New construction (installation and renovation), including communication towers, or modification/renovation of existing buildings or structures; • Proposed construction or renovation projects that are part of larger projects funded from a non -FEMA source (such as an EOC that is part of a larger proposed public safety complex), • Renovation of and modification to buildings and structures that are 50 years old or older; • Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security; • Physical Security Enhancements, including but not limited to: • Lighting; • Fencing; • Closed-circuit television (CCTV) systems; • Motion detection systems; and • Barriers doors, gates and related security enhancements. • Field based training and exercises including activities that involve ground disturbance, use of explosives, toxic agents or otherwise have the potential to cause impact to the environment or historical resources. This is only a requirement if the exercise or field training is not being conducted by a certified professional or at an existing facility with established procedures; or • Communication tower projects. The following activities do not require the submission of the FEMA EHP Screening Form: planning and development of policies or processes; management and administration; classroom -based training table top exercises and functional exercises; and, acquisition of mobile and portable equipment (no installation) All recipients of financial assistance will comply with the requirements of the NEPA, as amended, 42 U.S.C. §4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant -supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the component and awarding office) to be reviewed and evaluated before final action on the application. For more information on FEMA's EHP requirements, see Informational Bulletins below: • Information Bulletin 329, Environmental Planning and Histor'c Preservation Requirements for Grants, available at http://www.fema.gov/pdf/government/arant/bulletins/info329.0df • Information Bulletin 345 Programmatic Environmental Assessment, available at http://www.fema.qov/pdf/governmentIQrant/bulletins/info345.pdf; and • Information Bulletin 356, EHP Screening Form, available at http://www.fema.gov/pdf/government/grant/bulletins/info356.pdf. 27 38 2%1 Construction and Renovation Construction and renovation activities for a local government's EOC as defined by the SM are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (FEMA Form 089-0-0-3; OMB Control Number; 1660-0124 (available through ND grants) to their Grant Program Manager for review. Additionally, grantees are required to submit a SF -424C Budget and Budget detail citing the project costs. When applying for funds to construct communication towers, grantees and sub -grantees must submit evidence that the FCC's Section 106 review process has been completed and submit all documentation resulting from that review to GPD prior to submitting materials for EHP review Grantees and sub -grantees are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g , coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all State and EHP laws and requirements). Projects for which the grantee believes an Environmental Assessment (EA) may be needed, as defined in 44 CFR 10 8 and 10.9, must also be identified to the FEMA Program Analyst within six months of the award and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance EHP review packets should be sent to gpdehpinfo(fema.gov E MPG Program grantees using funds for construction projects must comply with the Davis -Bacon Act (40 U .S.C. 3141 et seq.). Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers employed directly at the work -site no Tess than the prevailing wages and fringe benefits paid on projects of a similar character. Additional information, including Department of Labor (DOL) wage determinations, is available from the following website: http://www.dol.gov/compllancefiaws/comp-dbrashtm. II. Maintenance and Sustainment The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise noted. E MPG Program grant funds are intended to support the NPG and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide grantees the ability to meet this objective, the policy set forth in GPD s IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs which must be in 1) direct support of existing capabilities (2) must be an otherwise allowable expenditure under the applicable grant program, (3) be tied to one of the core capabilities in the five mission areas contained within the National preparedness Goal, and (4) shareable through the Emergency Management Assistance Compact. Additionally, eligible costs must also be in support of equipment, training, and critical resources that have previously been purchased with either Federal grant or any other source of funding other than DHS/FEMA preparedness grant program dollars U nallowable Costs • Expenditures for weapons systems and ammunition • Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities • Activities unrelated to the completion and implementation of the EMPG Program In general, recipients should consult with their grant manager• who will coordinate with the FEMA Regional P rogram Analyst .prior to making any Investment that does not clearly meet the allowable expense criteria established in this Guidance. 28 3823 Attachment C Reports A. Recipient shall provide the Division with quarterly financial reports. The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June 30, September 30, and December 30) for the life of the agreement. • If report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current • If a report goes two (2) consecutive quarters without Recipient providing information in the narrative portion of the Quarterly Status Report, Report will be denied until narrative is provided; also financial reimbursements will be withheld until the required information has been submitted. B. The Recipient shall provide the Division with full support documentation for the quarterly financial reports. To eliminate large files and mailings, the Division will accept back up documentation on a CD if desired by the Recipient. • Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices, checks and canceled checks and copies of planning materials and work products (i.e., meeting documents, copies of completed plans (if submission of plans is for the Division then only need to provide date of submission and who submitted plan/product to) etc.). • Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices checks and canceled checks and a copy of the agenda sign in rosters and any training materials provided. ▪ Exercise Costs: Provide copies of contracts MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices, checks and canceled checks and a copy of the agenda, sign in rosters and any exercise materials provided. • Equipment Acquisition Costs: Copies of Invoices/receipts, checks and canceled checks. AEL# for each purchase • Management and Administrative Costs: Supply copies of timesheets documenting hours worked and proof employee was paid (i.e. earning statements/pavroll registries). • For travel and conferences related to EMPG activities, copies of all receipts must be submitted (i.e. airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc) Receipts must be itemized and match the dates of travel/conference If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences • Copies of the general ledger each quarter should also be provided. C. The final close-out report is due sixty days after termination of this Agreement. D. If all required reports prescribed above are not provided to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (10), (11) and (12) of this Agreement "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work 29 38.1.1 Attachment D Program Statutes, Regulations and Special Conditions 1) 53 Federal Register 8034 2) 31 U.S.C.§1352 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) E 0 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR Part 66, Common rule 6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 12) 28 CFR applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d) or Victims of Crime Act (as appropriate); 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended; 17) Subtitle Al Title II of the Americans with Disabilities Act (ADA) (1990); 18) Title IX of the Education Amendments of 1972 19) Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 20) 28 CFR Part 42 Subparts C,D,E, and G 21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 22) Chapter 252, Florida Statutes 23) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 24) 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule) 25) 44 CFR, Part 302 26) 48 CFR, Part 31 27) OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133 Special Conditions 1. The Recipient shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to Department of Homeland Security grants are listed below: A. Administrative Requirements • 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110) B. Cost Principles • 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A- 87) • 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) • 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) 30 38.30 • Federal Acquisition. Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements • OMB Circular A-133, Audits of States, Local Governments, and Non-Profit•Organizations 2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law regulation or policy, at any level of government, without the express prior written approval of FEMA. 3. The recipient agrees that all allocations and uses of funds under this grant will be in accordance with the FY 2013 Emergency Management Performance Grants Program Guidance and Application Kit. 4. The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA including but not limited to communications towers physical security enhancements involving ground disturbance, new construction, and modifications to buildings, structures and objects that are 50 years old or older, and purchase and use of sonar equipment. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 31 38 31 Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20-20 Anticipated Expenditures for First Three Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 32 Attachment F Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement (6) Cost accounting records that are supported by backup documentation. Competition. All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient 33 38.3-5 Attachment G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 34 38434 Attachment H Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et. seq.) 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency s (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster P rotection Act of 1973 Public Law 93-234, 87 Stat. 975, approved December 31 1976, Section 102(a) requires, on and after March 2 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and H istorical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic P reservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800 8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 35 38.3; 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for G rants, M7100.1; and all other applicable Federal laws orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems, Part 22, Confidentiality of Identifiable Research and Statistical Information Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, P rocedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance P rograms. 12. It will comply, and all its contractors will comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 36 38-36, Attachment I Reimbursement Checklist Please Note: FDEM reserves the right to update this check list throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. Equipment 1. Have all invoices been included? 2. Has an AEL # been identified for each purchase? 3. If service/warranty expenses are listed, are they only for the performance period of the grant? 4. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P -Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement) 5. If EHP form needed — has copy of it and approval from State/DHS been included? Planning Consultants/Contractors (Note: this applies to contractors also billed under Organization) 1 Does the amount billed by consultant add up correctly? 2. Has all appropriate documentation to denote hours worked been properly signed? 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (If a meeting was held by recipient or contractor/consultant of recipient, an agenda and signup sheet with meeting date must be included). 4. Has the invoice from consultant/contrator been included? 5. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P -Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). 6. Has Attachment G (found within Agreement with FDEM) been completed for this consultant and included in the reimbursement package? Salary Positions (Note: this applies to positions billed under M&A and Organization as well) 1. Have the following been provided: signed time sheet by employee and supervisor and proof that employee was paid for time worked (statement of earnings, copy of payroll check or payroll register)? Has a time period summary sheet been included for total claimed amount? 2. Does the back-up documentation provided match the time period for which reimbursement is being requested? Training 1. Is the course DHS approved? Is there a course or catalog number? If not, has FDEM approved the non -DHS training? Is supporting documentation included your reimbursement request? 37 38-31 2. Have sign -in sheets, rosters and agenda been provided? 3. If billing for overtime and/or backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have print outs from entity's financial system been provided as proof attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 4.. Have the names on the sign -in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought? 5. Has any expenditures occurred in support of the training (e.g., printing costs, costs related to administering the training, planning, scheduling, facilities materials and supplies, reproduction of materials, and equipment)? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P - Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). Exercise 1. Has documentation been provided on the purpose/objectives of the exercise? Such as, SITMAN/EXPLAN. 2. If exercise has been conducted - has after -action report been included? Have sign -in sheets, agenda, rosters been provided? 3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have print outs from entity' s financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 4. Have the names on the sign -in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? 5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P -Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). 6. Has any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P - Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). Travel/Conferences 1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll receipts, hotel receipts, car rental receipts, registration fee receipts and parking receipts? Are these receipts itemized? Do the dates of the receipts match the date(s) of travel/conference? 38 38-38 e Does the hotel receipt have a zero balance9 If applicable, have a travel authorization and travel reimbursement form been included to account for per diem, mileage and other travel expenses which have been reimbursed to the traveler by sub grantee? 2. If travel is a conference has the conference agenda been included? 3. Has proof of payment to traveler been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or copy of payroll check if reimbursed through payroll). Organization 1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, and #of hours spent at EOC, hourly rate and total paid to each attendee? Have print outs from entity s financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? Matching Funds 1. Contributions are from Non Federal funding sources. 2. Contributions are from cash or in-kind contributions which may include training investments. 3. Contributions are not from salary, overtime or other operational costs unrelated to training. For All Reimbursements - The Final Check 1. Have Forms 3, 4a, 4b and 4c been completed and included with each request for reimbursement? 2. Have the costs incurred been charged to the appropriate POETE category? 3. Does the total on Form 3 match the totals on Forms 4a, 4b and 4c? 4. Has Form 3 been signed by the Grant Manager? 5. Has the reimbursement package been entered into sub grantee's records/spreadsheet? 6. Have the quantity and unit cost been notated on Form 4b? 39 38.3/ Indian River County Interoffice Memorandum Office of Management & Budget Consent Agenda gL To: Members of the Board of County ��, issioners From: Jason E Brown Director, Office of Management & B Date: December 26, 2013 Subject: Miscellaneous Budget Amendment 004 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. Local property owners have contributed 80% of the cost of millings to be laid on a portion of 82nd avenue. The attached entry appropriates donated funds in the amount of $36 000 to Secondary Roads/82nd Ave Millings Project. 2. Human Services has received a $500 donation from Florida Power & Light to purchase food supplies for families in need of assistance The attached entry appropriates funding to Human Services/Food & Dietary. 3. On December 10, 2013 the Board of County Commissioners approved the use of Law Enforcement Trust Fund monies in the amount of $47,287 to be applied to the purchase of external vest carriers. The attached entry appropriates funding. 4 On December 17, 2013 the Board of County Commissioners approved the condemnation, demolition, and removal of six unsafe structures. The attached entry appropriates funding in the amount of $25,050 from M.S.T.U. Fund/ Reserve for Contingency. 5. On November 5, 2013 the Board of County Commissioners approved multiple Emergency Services Grants including a State Homeland Security Grant in the amount of $15,778, an Emergency Management Hazardous Materials Plan Grant in the amount of $5,149, an Emergency Management Performance Grant (EMPG) in the amount of $74 416, an Emergency Medical Services (EMS) County Awards Grant in the amount of $17 439, and an Emergency Management Preparedness Assistance (EMPA) Grant in the amount of $24,986. The attached entry appropriates these grant funds in the amount of $120,329 to the General Fund and $17,439 to the Emergency Services District. 6. On December 10, 2013 the Board of County Commissioners approved additional funding in the amount of $220,000 for Gifford Park Ballfields Improvements. The attached entry appropriates funding from Optional Sales Tax/Cash Forward Oct 1St 7. The Florida East Coast Railway has submitted numerous grade crossing improvements that are exceeding budgeted amounts The attached entry appropriates funding in the amount of $235,541 from Secondary Roads/Cash Forward Oct 1St 39 Board of County Commissioners December 26, 2013 Page 2 of 2 8. On December 17, 2013 the Board of County Commissioners approved the Sheriff's request to purchase items to equip the new Crime Scene Building. The attached entry appropriates funding in the amount of $116,587 from Impact Fees/Cash Forward Oct 1St Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2013/2014 budget. Attachments Budget Amendment 004 and Resolution APPROVED AGENDA ITEM: ph A. Baird County Administrator FOR: January 7, 2014 • 40 Indian River County i • •roved Date Administrator 4!: %, f Legal f ;17> . % 1 t3 t7j Budget l j2/303 Department IF Risk Management 40 RESOLUTION NO 2014- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2013-2014 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2013-2014 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2013-2014 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 2013-2014 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 Peter D O'Bryan Vice Chairman Wesley S Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2014. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Peter D O'Bryan, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY as -COUNTY ATTORNEY 41 Resolution No. 2014 - Budget Office Approval: Exhibit "A" Jason E./Browrj, Budget Directo Budget Amendment: 004 Entry Number Fund/ Depar ne /Account Name Account Number Increase Decrease 1. Revenues Secondary Roads/Miscellaneous/82nd Ave Millings Project 109038-366090-14005 $36,000 $0 Expenses Secondary Roads/Paving Material/82nd Ave Millings Project 10921441-035310-14005 $36,000 $0 2. Revenues General Fund/Misc./Other Contributions/Donations 001038-366090 $500 $0 Expenses General Fund/Human Services/Food & Dietary 00121164-035280 $500 $0 3. Revenue Law Enforcement Trust Fund / Confiscated Property 112035-358220 $47,287 $0 Expense Law Enforcement Trust Fund / Sheriff - Law Enforcement 11260086-099040 $47,287 $0 4. Expense MSTU Fund/Road & Bridge/Other Contractual Services 00421441-033490 $25,050 $0 MSTU Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $25,050 5. Revenue General Fund/Intergovemmental/Homeland Security Grant 001033-331200-14803 $15,778 $0 General Fund/Intergovemmental/EMPG Grant 001033-331231 $74,416 $0 General Fund/Intergovernmental/EMPA Base Grant 001033-334232 $24,986 General Fund/Intergovernmental/Hazardous Materials Emergency Plan Grant 001033-334292 $5,149 $0 Emergency Services District/Intergovernmental/EMS County Awards Grant 114033-334290 $17,439 $0 42 Resolution No. 2014 - Budget Office Approval: Exhibit "A" Jason E. • Budget Dire Budget Amendment: 004 43 Entry Number Fund/ Depart qe Account Name Account Number Increase Decrease Expense General Fund/Emergency Management/Other Contractual Services/Homeland Security Grant 00120825-033490-14803 $15,778 $0 General Fund/Emergency Management/Outside Printing/EMPG Grant 00120825-034720-05050 $7,250 $0 General Fund/Emergency Management/Computer Software/EMPG Grant 00120825-035120-05050 $23,604 $0 General Fund/Emergency Management/Other Operating Supplies/EMPG Grant 00120825-035290-05050 $35,621 $0 General Fund/Emergency Management/Other Operating Supplies/Hazardous Materials Grant 00120825-035290-06807 $5,149 $0 General Fund/Emergency Management/EDP Equipment/EMPG Grant 00120825-066470-05050 $7,941 $0 General Fund/Emergency Base Grant/Other Professional Services 00123825-033190 $15,000 $0 General Fund/Emergency Base Grant/Other Operating Supplies 00123825-035290 $9,986 $0 Emergency Awards Capital Services District/Fire Rescue/EMS County 11412022-066910 $17,439 $0 6. Revenue Optional Sales Tax/Cash Forward Oct 1st 315039-389040 $220,000 $0 Expense Optional Sales Tax/Parks/Gifford Park Senior Ballfield Lighting 31521072-066510-05058 $220,000 $0 7. Revenue Secondary Roads/Non Revenue/Cash Forward Oct 1st 109039-389040 $235,541 $0 Expense Secondary Roads/Roads & Bridges/FEC Payment 10921441-033460 $235,541 $0 8. Revenue Impact Fees/Non Revenue/Cash Forward Oct 1st 1039039-389040 $116,587 $0 Expense Impact Fees/Admin Building/Shenff/Crime Scene Building 10312113-099040-01004 $116,587 $0 43 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT AGENDA as Date: To: Thru: From. Subject: December 19, 2013 The Honorable Board of County Commissioners Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator Approval of Bid Award for IRC Bid #2014019 Contract Services for Beach Parks Maintenance BACKGROUND On September 6, 2011, the Board of County Commission authorized staff to issue an mvitation to bid the privatization of the janitorial and landscape maintenance functions of the County's beach parks and beach access points. At that time, the County Departments were asked to review areas within their budgets in order to determine whether savings can occur for the upcoming and future years. On January 10, 2012, the Board approved agreements and authonzed Chairman to execute contracts for two year terms, with the option for two one-year extensions. DISCUSSION AND ANALYSIS: In order to ensure that the current level of service is maintained, County staff will remain diligent in momtoring the successful bidders' performance to require that all work is completed timely and to the County's satisfaction. As stated in the Technical Specifications of the bid, "it is the mtention of the County to obtain the services as specified herein from a Contractor that will provide prompt and convenient service. The awarded Contractor must be capable to perform as required under the responsibilities as listed. Any failure of a successful bidder to comply with these conditions will be cause for termination should a successful bidder be unable to perform on a timely basis." The results of the bid process appear below and the Bid Tabulation Sheet is included as Attachment #2. BID RESULTS: Advertising Date: Bid Opening Date: DemandStar Broadcast to: Purchasmg Division Contacted: Specifications Requested by: Replies: November 21, 2013 December 17, 2013 at 2:00 p.m. 466 Subscribers 91 Local Vendors from Yellow Pages 55 Vendors 7 Vendors Landscaping Maintenance Bids: The bid solicitation requested separate bids on Janitorial and Landscape Maintenance with an option to submit a combined bid for both services. The lowest bid on the Landscape Maintenance service was received from Integrity Lawn & Landscaping of Okeechobee, Florida at $21,000 annually. Staff has been satisfied with performance resulting in a recommendation to award a 2 year contract to Integrity as the lowest and most responsive bidder. F:\Assistant County Admmistrator\AGENDA ITEMS\2014\BCC 01 JAN 2014\BCC Memo - Contract Services for Beach Parks Mamtenance Bid .Uflni AA1A an.. 44 Page two December 19 2013 1Rf' Bid #20141019 Janitorial Maintenance Bids: Current vendor Boro Building and Property Maintenance Inc. offered the lowest price in the amount of $56,641.61 annually; however, staff's evaluation of past performance revealed an unsatisfactory record, leading to the conclusion that Boro Building and Property Maintenance, Inc. was not the most responsive and responsible bidder. The next lowest and most responsive bidder is C.E.R. Signature Cleaning of Vero Beach 111 the amount of $60,000 annually. Staff has interviewed the principal owner of C.E.R. and checked references resulting in a recommendation to award a 2 year contract to C.E.R. Signature Cleaning as the next lowest and most responsive bidder. FUNDING: The combined contracts result in approximately a 13% increase over the previous agreements for services. Funding for these expenses will be provided from within the existing Parks Division's budget based upon personnel and equipment savings from the privatization of these services. Account Information: General Fund / Parks/ Other Professional Services Acct: # 00121072-033190 RECOMMENDATION: Staff recommends awarding the Landscape Maintenance portion of this bid to Integrity Lawn and Landscaping, Okeechobee, FL in the amount of $21,000 annually, as lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. Staff recommends awarding the Janitorial Maintenance portion of this bid to C.E.R. Signature Cleaning in the amount of $60,000 annually as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid Staff further 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 certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS: 1. List of Local Vendors given advance notification (two pages) 2. Bid Tabulation — Results of Bid Opening dated 12/17/2013 3. Sample Agreement (two pages) Approved Agenda Item By: Joleph A. -Baird County Administrator For: January 07, 2014 Indian River County Ap• oved Previous Rates New Rates Change Landscape Services $15,120.00 $21,000 + $5,880.00 Janitorial Services $56,641.61 $60,000 + $3,358.39 Total for both services: $71,761.61 $81,000 + $9,238.39 Department The combined contracts result in approximately a 13% increase over the previous agreements for services. Funding for these expenses will be provided from within the existing Parks Division's budget based upon personnel and equipment savings from the privatization of these services. Account Information: General Fund / Parks/ Other Professional Services Acct: # 00121072-033190 RECOMMENDATION: Staff recommends awarding the Landscape Maintenance portion of this bid to Integrity Lawn and Landscaping, Okeechobee, FL in the amount of $21,000 annually, as lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. Staff recommends awarding the Janitorial Maintenance portion of this bid to C.E.R. Signature Cleaning in the amount of $60,000 annually as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid Staff further 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 certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS: 1. List of Local Vendors given advance notification (two pages) 2. Bid Tabulation — Results of Bid Opening dated 12/17/2013 3. Sample Agreement (two pages) Approved Agenda Item By: Joleph A. -Baird County Administrator For: January 07, 2014 Indian River County Ap• oved Date Administration .,) 1% /t County Attorney.' . tiii Budget j2f%i 6 Department Risk Management wr C:\Users\jasonb\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\LJBBOO14\BCC Memo - Contract Services for Beach Parks Maintenance Bid #2014019.docx 45 Local Vendors Contacted for ITB 2014019 G W VI 3 a N w E w w E to Z E O u O m w c c Lk' roE m c O d C co 0 0 N O m C 0. u '0 m oa u C C CU 3 c i0 w F 4 Q toto IV J ani c to a c c N N g .l ry E u a taa E w 0 ICI u 0 •0 c YI G 0 Q Jones Lawn Service w u to E c 00 m t0 in c E m 0. u t C J W E 1- 0 - 0 O to 0) ToE w 0 N 00 t L/1 O 00 03 w Q. U t0 c 13. O w c •C 1 - LLw 1�) c no answer left voicemail LO CO n 01 00 111 LI) H 0w Y W tu a 0 c a 2 c N la rrvbrva ntlandscaoe0gmail.com t0 N 01 N 01 m not Interested not interested E 0 > 0) w E W w E w E u 6 O. to N m 0 IN> 1 ta0 n m 01 t0 E O t! O 0ro O Q 04 CO 00 03 N 0;1 .ml 01 N00 it) u c u c z« C A G se C CU u CL U Vs 4C 13 o .3 c 2 a w .E w 'to E 0 it w w c 0. NI .0I C' tea t0 N O1 n t0 cm Oasis Organics w E w E u E r.m m N N T 0 O c c 0 O a 0 W m 07 01 CO N E u N O tO N ob01 E u w w CO CO w NCI w al c a 11.1v E w n tm0 m 01 m CU CU w c J 7 u c 0 w E u 0 O s .0 E 0 a v E w Smi al C' u' 1 0 1/40 N' ✓ a a E w 0 c U GJ w d c w Em m c 2m 2 d u CUCU J a c to a a cc t0 01 t0 %00 11) R la N no answer w P1 0 N t0 u1 P1 9 t0 t0 to0 CU1- vs as1- w L N 0 0 O 7 to 0 to E 0 w N IA CP CDIn ATTACHMENT #1 N a a a cQ0 co 0 N t0 n VI 4 n a alE w a 0 c a .0 W c N E 0 N 1- w ro to 7.3to car c E to toC i 0 d To 0. O 1` .-1 m m m N N a O c .0 0 c a 4-1c w E O c ro L c m O g▪ n O st 00 rwl m ('1 ten 113 N00 00 N u m E E uQ To w O w E X 8 01 01 t0 w u C m c Y c m c re0 CLI >• 46 Local Vendors Contacted for ITB 2014019 ATTACHMENT #1 m c IL v .0 c c Ino bid -0 z c v a c cc Ino bid - .0 a c 0 a to « H not interested sent full bid sent full bid left voicemail v m v w v m v w 'm w left voicemail Ileft voicemail v m v a) 'm E w left voicemail Ino answer/emailed ad left voicemail/emailed ad sent full bid emalled ad plq in was' left voicemail v m v w i0 w left voicemail/emailed ad ..- pe paliewal sent full bid left voicemail v m v W 'I'o w a m v 01 I, w v m.O v— 41 i0 w o .12 i+ N vvvvvv m v 01 "m w m v 03 'm III .0 m v d m w m v v m w emailed ad emailed ad m v d m w notinterested E w_ u c > W D «. N v v w E u 0 > d not interested v m v w v m v w 'm48 w left voicemail not Interested left voicemail so .44 w N emailed ad i0 w CU w m w X01 M at nN 01 Ian m N 1/1 N • ID Om0 n r-1 N n IT 01 n in IA O1 IA Ill E 1,a lofficecleaningllc@vahoo.com (3 E ix m @! wa u' Indawnm@vaoho.com verohealth@aol.com amerprooserv@aol.com Igroovelet2010@vahoo.com capoviiies@gmail.com buckner007@gmail.com wonulueappuely3eaq)n o$ul woxpnopf@peigoogweq lholmes25@comcast.net C VI a @c 3 m w a `m u lawndoggie{aiearthiink.net henrvc2009@aol.com 'uliaco35@vahoo.com u m E 'to c ami ° c p u O a co u. u '4,, •ri u coast 2coast@belisouth.net coasta llawnland@ aol.com completecleaning@bellsouth.net office@comoleteserviceslandscaping.com createbrandi@vahoo.com flshon76@aol.com 0i O@ M o q u E m w a u v= m, -0 e • 0 in EO V E c E c m emletslawn@vahoo.com husband works for county Eet "n e°0 a@i 3 N m E O u E v = w v -ea Ilk hintoniohn.hinton3@gmail.com Hood Landscaping LLC (fmr HMS of Vero, Inc.)234-4505 h.landscaping@comcast.net u: QC m ar v tO c w U u u1 u I . 'O Phone/contact V1 M 01 9 O CO In 772-323-2290 321-0400 in 01 N N O1 CO V1 299-4878 288-4885 R Tr el N ID to el N O 1.71 N O in r/ 01 ID 4 el O U1 770-1847 al rl O N ON m N N N N U1 tD N N N ID N tD Ol tD V1 O1 01 re. T O1 ID I!1 l0 m m C� m m les {p O N t0 N IX O CO ID CO ch 1.0 Ifl q 04 m N tO m N n m Q m tO In 1� O N 1n N m N 453-0694 589-4545 1778-8850 O 'i t0 N Ill O N 01 Q N W. N 10 in m O N 9 1� ID U In 00 In m N t0 In .I t0 N ti N tD 1f1 N N O1 N 01 N BZOL-Z£S LLSb-8LL CO cn m m 1b N N 770-5970 N O O n 1\ ID U1 N 01 01 co M 01 in '-1 a N N M N V N N N of m m ID N in O1 Ti 1 m ID m el N 0o O1 ID Ill 1!1 CO CO 'i m N 10 O 01 e► O1 1 m tO N 01 N 01 O 10 m 770-2488 I 562-7854 10 O 01 N c0 N P ID E II z 141 Office Cleaning Anago of the Treasure Coast All American Lawn Service Allynn's Cleaning Service American Best Cleaning & Property Mgt American Property Service, Inc. O Yc O u M taw w . �o- 01 W c 3 3 E w u - w < - -- ----------- Angie Romero's Cleaning Service A Plus Lawn Service Atlantic Lawn Maintenance At Your Service Lawn Care B&S Lawn Service Bad Seed Landscaping Beachland Cleaning Service Beautiful Lawns Landscaping & Lawn Care Bruce Myer's Lawn Maintenance Caribbean Lawn & Landscaping, Inc. Carpenter's Lawn Service and Landscaping Casciari Jim Maintenance Castro Lawn Maintenance C& C Cleaning & Janitorial Charlie's Lawn & Sweeper Service, Inc. Cleaning by Mina Cleaning Services ICPCS Coast to Coast Landscaping Coastal Lawn & Landscape Complete Cleaning Service of IRC Complete Services Landscaping Conrads Cleaning Service, Inc. Creative Landscaping C & S Professional Lawn Care C.Tipton Enterprises 'Custom Landscape Creations CW Willis & Company c n > Domestics Du Jour Down to Earth Lawn and Landscaping Emlet's Complete Lawn & Landscape Eva Stuckey's Cleaning Service Final Choice Property Management, Inc. Florida Outback Lawn & Tree Service Focal Point Enterprises Freedom Lawn & Landscaping Grass Roots Lawn Care Green Team Cleaning Gulf Stream Landscaping H&W Lawn Maintenance & Landscaping 0 47 Diane Feshoh Bid 42014019 Witness: Jennifer Hyde BID TABULATION SHEET v R 0. d C .. L W N y N u N 7-11 4- TIS g . m o ise C .0 O C R C O C G • C 0 C7 c�a Hca F Both Sections 1 and 2 DQ $126,937.00 I DQ Section 2 DQ ,C O O 0 N in 5A 521,000.00 DQ O O 0 0 cr. co d9 fl 0 C 0 C Section 1 - • DQ .-1 `iO 0 O o O O O O Ns On N EA no bid a A plq ou le ID.. v tn CO)69 Sillnaag pig z >• >4 > i > aanso� sig ' >4 >i >+ >• >+ z >0 palow suo►;daaxg >0 >+ >+ >+ > >4 >+ meuuot;sano >• >• >• >. >. >it >M Ilia oapig > >• >4 >4 >. >. >. Vero Beach Sarasota Vero Beach West Palm Beach Okeechobee Vero Beach t R •7 cn fame Ag-Scape Services Boro Building & Property Maintenance C.E.R. Signature Cleaning Gulfstream Goodwill Industries, Inc. Sunshine Land Design, Inc. Lawn & 1 pe & 0 U A HMENT #2 48 SAMPLE AGREEMENT ATTACHMENT #3 Agreement THIS AGREEMENT made and entered into this day of , 20 , by and between , hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER. WITNESSED: That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below: Article 1. SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid # 2014019 — Contract Services for Beach Parks Maintenance (Janitorial Service and Routine Maintenance and/or Mowing and Grounds Maintenance. CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of ($ ), all of the necessary labor, material, and equipment to perform the work described in accordance with the invitation to bid. Article 2. GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the same the time limit specified herein in accordance with the plans and specifications. The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. The CONTRACTOR shall provide Performance Bonds for all work in this Agreement. All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. Article 3. QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR'S Bid Form. Article 4. ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion. 49 SAMPLE AGREEMENT ATTACHMENT #3 The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed As -built drawings of the actual construction have been furnished to the OWNER and verified. In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 5. THE CONTRACT DOCUMENTS The entire Invitation to Bid submitted Bid Documents, and Bonds, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. Article 6. TERM This agreement shall remain valid for two years from execution, with two one-year extensions available. Article 7. VENUE 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. (Contractor) (Owner) Indian River County, Florida (Name, Title) Witnessed by: Peter D. O'Bryan, Chairman Approved by BCC Address for giving notices Address for giving notices 1800 27th Street Vero Beach, Florida 32960 APPROVED Joseph A. Baird, County Administrator Approved as to Form and Legal Sufficiency By County Attorney Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk 50 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 180127th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562 CONSENT TO* Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P E , Public Works Director Crt's FROM: W. Keith McCuIIy, P E , Stormwater Engineer PitiS SUBJECT: APPROVAL OF RELEASE OF RETAINAGE FOR VARIOUS TASKS OF WORK ORDER NO. L-1, CHANGE ORDER NO. 2, AND CHANGE ORDER NO. 3 WITH G.K. ENVIRONMENTAL, INC. for EGRET MARSH STORMWATER PARK DATE: December 30, 2013 DESCRIPTION AND CONDITIONS On November 16, 2010, Indian River County approved Work Order No. L-1 with G K Environmental, Inc. (GKE) for completion of landscaping at Egret Marsh Regional Stormwater Park (Egret Marsh). The work order was necessary due to the County's termination of the original construction contract with H & D Construction Company, Inc. for breach of contract, and due to the performance bond company's failure to act to complete the project in a timely manner. This Agenda Item is a request to release retainage held through calendar year 2013 for a portion of the landscape maintenance and exotic vegetation control services in GKE's Work Order No. L-1; and Change Orders No. 2 and 3. All work related to the requested retainage release has been performed by GKE and accepted by the County. The retainage amount is $2,513.72 ANALYSIS Alternative 1 — Approve the release of retainage requested in the attached invoice. Alternative 2 — Reject the release of retainage requested in the attached invoice. C:\Users\keithm\AppData\LocaIWhcrosoft\Windows\Temporary Internet Files\Content.Outlook\7X0M41XSWgenda - Consent - GKE - Release of Retainage 4.doc 51 Page 2 Egret Marsh Stormwater Park BCC Meeting — January 7, 2014 — CONSENT December 30, 2013 FUNDING The release of the $2,513 72 retainage will be paid from Transportation Fund/Retainage- G K Environmental/Egret Marsh - Account Number 111-206000- 05057. RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve Alternative 1 release of retainage held through calendar year 2013 for a portion of the landscape maintenance and exotic vegetation control services in GKE's Work Order No. L-1; and Change Orders No. 2 and 3. ATTACHMENTS 1. Invoice from G K Environmental, Inc. requesting referenced release of retainage. DISTRIBUTION 1. Christopher R. Mora, P E , Public Works Director 2. Budget 3. County Attorney Office APPROVED AGENDA ITEM FOR: January 7, 2013 BY Indian River County Approved Date Administrator f /41l'/ tit Budget i ii 141)1 13 Legal Ors IZ31'i; Public Works 12/3'/3 Stormwater Engineering /2-3o -2W, F•\Piihlir. Wnrks\KPithM\.StnrmwatAr Prniartc\Fnrpt March (lnaratinn\AncnrIn Itamc\Annnria _ fnncAnt _ (ZKF _ RPIP.aRP of RPtainanP 52 G. K. ENVIRONMENTAL, INC. Environmental Consult'ng GEORGE R. KULCZYCKI, CEC, CES 155 McKee Lane Vero Beach, FL 32960 Office 772-567-9129 Cell 772-913-0294 Fax 772-567-6245 gke@me.com December 30, 2013 Mr Keith McCully Stormwater Engineer Indian River County 1801 27th Street (Building A) Vero Beach, Florida 32960 RE• INVOICE — 2013 10% Retainage Invoice #116 Dear Keith, 1 Per our agreement, please forward payment of $2,513.72 for the 2013 released 10% retainage. If you have any questions, please do not hesitate to give me a call. Sincerely, Georg2. Kulcigyckv George R. Kulczycki, President Principal Ecologist 53 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 1801 27th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562 CONSENT TO: Joseph A Baird, County Administrator THROUGH: Christopher R. Mora, P E , Public Works Director (Jrt_t FROM• W. Keith McCuIIy, P E , Stormwater Engineer and also THROUGH: Vincent Burke, P E , Utilities Director SUBJECT: APPROVAL OF AMENDMENT NO 1 TO WORK ORDER NO. GKE-2 FOR SCRUB JAY FRIENDLY LANDSCAPE DESIGN SERVICES FOR OSPREY MARSH ( formerly PC SOUTH ALGAL NUTRIENT REMOVAL FACILITY) DATE: December 30, 2013 DESCRIPTION AND CONDITIONS The purpose of this Agenda Item is to request the County Commission approve and execute an amendment to Work Order No. GKE-2 with G K. Environmental, Inc., for installation and maintenance of landscape plants, and exotic vegetation control at Osprey Marsh (formerly known as PC South Algal Nutnent Removal Facility). The Federally endangered Florida Scrub Jay is known to live in the near vicinity of Osprey Marsh. Consequently permission from U.S. Fish and Wildlife Service (USFWS) is required to construct the project. USFWS required a scrub jay survey and several meetings to determine how to construct the project in a manner that will protect the Scrub Jay. This led to specific landscaping requirements wherein the installed landscaping will be conductive to the Scrub Jay's habitat and foraging needs. The permitting process with USFWS was time consuming and a USFWS approved Scrub Jay friendly landscape design was not available to include in the project's construction bidding documentsl. Osprey Marsh s construction timeline has been greatly influenced by a Consent Order between the County Utility Department and 1 Osprey Marsh was advertised for construction bids on April 25, 2013 and bids were received on June 5, 2013. The construction contract was awarded to Close Construction, LLC on July 16, 2013. F:\Public Works\KedhM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - Consent - Work Order GKE-2 Amendment 1 - 12-10-2013.doc 54 Page 2 Osprey Marsh BCC Meeting — January 7, 2013 — CONSENT December 30, 2013 Florida Department of Environmental Protection (FDEP).2 Therefore, the Work was bid and a construction contract awarded without a landscaping design, but with the understanding that landscaping will be performed by a third party hired by the County, working in harmony with the construction contractor. The Scrub Jay friendly landscaping was subsequently designed by G K Environmental, Inc. (GKE) in conjunction with Public Works Stormwater Division. GKE also negotiated landscape criteria and layout with USFWS on behalf of the County. The County Commission approved GKE's landscaping design and permitting services via Work Order No. GKE-2 on May 7, 2013. The County received notification of USFWS approval of the Scrub Jay friendly landscaping design on or about November 21, 2013. Apart from issuance of a County Administrative Site Plan Approval, the landscaping plans and specifications are now considered complete.3 In Osprey Marsh's December 9, 2013 regularly scheduled construction progress meeting, the construction contractor, Close Construction, LLC (Close), informed staff that the project's Polishing Pond, Wetland Area, and vicinity will be ready to receive landscape plantings by the end of January 2014. This area represents approximately one-third of the project site, situated at the north end of the property. It is critical that the plants are installed immediately after final grading in order to prevent erosion. Of special concern is preventing erosion of the Polishing Pond and Wetland Area side slopes Due to FDEP requirements, the sides and bottoms of these water bodies will be made impervious using a carefully applied clay liner under a sand cover. Side slope erosion may compromise the clay liner's integrity and repair efforts will be difficult. Therefore, in order to minimize the potential of erosion damage to the clay lining and other final graded areas, time is of the essence with respect to installation of plantings in these areas. Landscaping will be installed on the remainder of the site near the end of overall construction activities. Because of the landscaping delays created by USFWS's concerns regarding protection of the Flonda Scrub Jay, there is not enough time to bid the landscaping work before the landscaping is required at Osprey Marsh. However, staff believes that GKE is the firm best suited to most efficiently and cost effectively perform the required landscaping work and related exotic control. GKE is intimately familiar with the Osprey Marsh landscape design and USFWS permit requirements. GKE has provided landscape maintenance and exotic control services at Egret Marsh Stormwater Park (Egret Marsh) since November 2010. GKE performed extensive landscape plantings and maintenance at Egret Marsh after the County terminated the construction contract with H&D Construction for non-payment to subcontractors. Most recently, GKE provided 2 The Consent Order requires the Utility Department to cease direct discharge of brine concentrate from the South County Water Treatment Plant into the Indian River Farms Water Control District (IRFWCD) South Relief Canal 3 An Administrative Site Plan Approval must be issued by County Division of Commumty Development for the Scrub Jay friendly landscaping design and staff is preparing this application. The original site plan for the project was prepared based on regular County code landscape requirements before the Scrub Jay issue became known. The Administrative Approval is to revise the approved site plan submittal for the Scrub Jay friendly design. 55 Page 3 Osprey Marsh BCC Meeting - January 7, 2013 - CONSENT December 30, 2013 additional landscaping along the side berms of the Egret Marsh floway as part of the algal turf scrubber floway improvements. Staff has found GKE s prices to always be very fair and extremely competitive; and its quality of landscape material, workmanship, and exotic control efforts are first class. GKE's fee for providing, installing, and maintaining Osprey Marsh's Scrub Jay friendly landscaping, and providing exotic control services is $263,649 054 GKE can begin and complete the Work within the required timeframes. The post -construction landscape watenng and maintenance period is two - years and the post -construction exotic control period is five -years. A copy of Amendment No. 1 to Work Order No GKE-2, with pertinent attachments is included herein. ANALYSIS Alternative No. 1 - Approve Amendment No. 1 to Work Order No GKE-2 and authorize the Chairman to execute the Amendment on behalf of the County. Alternative No. 2 - Reject Amendment No. 1 to Work Order No. GKE-2 FUNDING The current contract price was reduced by $ 240,855 with Change Order 1. Work order No 2 will increase the contract price back to $5,856,661 with an additional $22,794 being deducted from the contingency balance. The contingency balance will now be $208 206. Funding of this contract will be provided by Utilities Department's South County Concentrate Disposal Project - (74% or $4,333,930) Account No. 471-169000- 12502 and Optional Sales Tax/Public Works/PC South Stormwater (26% or $1,522,731) Account No. 31524338-066510-06050. RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve Alternative No. 1 - Amendment No. 1 to Work Order No GKE-2 with GK Environmental, Inc. and authorize the Chairman to execute the Amendment on behalf of the County. ATTACHMENTS 1. Amendment No. 1 to Work Order No GKE-2, executed by GK Environmental, Inc. (one copy) 4 About 25 percent of the total landscaping cost is associated with buffer requirements required by the Indian River County Landscaping Ordinance. Approximately $37,400 is associated with the eastern property line, $14,500 is associated with the southern property line, and $14,800 is associated with the northern property lme; for a total of $66,700. These costs do not include associated costs for the two-year maintenance penod. P\Pnhlir. Wnrkc\KaithM Stnrmwatar Prniprtc\Pr. Smith nnnctrurtinn\Ananria Itamc\Ananria - Rnncant - Wnrk nrriar t;KF-9 56 Page 4 Osprey Marsh BCC Meeting — January 7, 2013 — CONSENT December 30, 2013 APPROVED AGENDA ITEM FOR January 7, 2013 BY ,d F•\Puhlin Wnrkc\KaithM\StnrmwatPr Prninntc\Pft Snaith f:nnctn'Minn \Amanda it:Mc\Anpnria _ C:nncPnt _ Wnrk (brier ('KF 9 57 Indian River County Approved Date Administrator i)9-1) ) Y. s'��1 Budget Will 130/`3 Legal t1t/ ��,� 11-3I ' 13 Utilities /2-13 (13 Public Works /�� IX/;%3 Stormwater Engineering Mira /2 -304-20( F•\Puhlin Wnrkc\KaithM\StnrmwatPr Prninntc\Pft Snaith f:nnctn'Minn \Amanda it:Mc\Anpnria _ C:nncPnt _ Wnrk (brier ('KF 9 57 AMENDMENT NO. 1 TO WORK ORDER NUMBER GKE-2 SCRUB JAY FRIENDLY LANDSCAPING AND MAINTAINCE SERVICES FOR OSPREY MARSH ALGAL NUTRIENT REMOVAL FACILITY This Amendment No. 1 to Work Order No. GKE-2 is entered into as of this day of 2014, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of August 16, 2011 and renewed on August 17, 2012 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ('COUNTY') and G.K. Environmental, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Attachment 1, attached to this Work Order and made part hereof by this reference. The CONSULTANT will perform the professional services for the fee schedule set forth in Attachment 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe set forth in Attachment 3, 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 are 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 G K ENVIRONMENTAL, INC. 7 OF INDIAN RIVER COUNTY By. Title: tepid At By Peter D O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: seph .: aird, County Administrator /gyp roved s to • r a ► legal sufficiency: illiam . Debraal, Deputy County Attorney 1 macintosh hd:users:georgekulczyckrlibrary:mail downloads:work order gke-2 - amendment 1-2.doc 58 ATTACHMENT 1 to AMENDMENT NO 1 to WORK ORDER NUMBER GKE-2 SCRUB JAY FRIENDLY LANDSCAPING AND MAINTAINCE SERVICES FOR OSPREY MARSH ALGAL NUTRIENT REMOVAL FACILITY SCOPE OF WORK The COUNTY has requested that the CONSULTANT provide scrub jay friendly landscape design services for the COUNTY's Osprey Marsh Algal Nutrient Removal Facility (hereinafter "Osprey Marsh"). The Work is more particularly described below. TASK I - Provide, Install, and Maintain Scrub Jay Friendly Landscaping at Osprey Marsh a. The CONSULTANT shall provide, install, and maintain Scrub Jay friendly landscaping at Osprey Marsh as specified in Exhibit 1. The landscaping shall be installed in accordance with U.S. Fish and Wildlife Service (FWS) requirements and as approved by Indian River County. The CONSULTANT shall coordinate the Work with the COUNTY and Osprey Marsh's construction contractor, Close Construction, LLC. **END OF ATTACHMENT 1** Page 2 of 4 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Work Orders\GK Environmental\Amendment 1\Work Order GKE-2 - Amendment I.doc 59 ATTACHMENT 2 to AMENDMENT NO 1 to WORK ORDER NUMBER GKE-2 SCRUB JAY FRIENDLY LANDSCAPING AND MAINTAINCE SERVICES FOR OSPREY MARSH ALGAL NUTRIENT REMOVAL FACILITY 1. COMPENSATION The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not -to -exceed fee of $263,649 05 based on contractual unit prices, for services rendered according to Attachment 1 of this Work Order and as summarized on Exhibit 3 Additional services shall be performed at the hourly rates as set forth in the Agreement or at negotiated prices, whichever is pertinent. 2. PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed dunng the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph, less ten percent (10%) of the invoice amount thus determined, which shall be withheld by the COUNTY as retainage, and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice. Per F.S. 218.74(2), the ten percent (10%) retainage withheld shall be paid in full to the CONSULTANT by the COUNTY, on or before the forty-fifth day after the date of final acceptance of the Work by the Public Works Director. Retainage shall be released as follows: 1. Landscape Plantings — Retainage for landscape plantings is eligible for release ninety (90) days after the COUNTY's acceptance of the landscaping Work 2. Watering and Exotic Control — Assuming the Work is acceptable, retainage will be eligible for release at the end of each calendar year for the Work performed during that calendar year. **END OF ATTACHMENT 2** Page 3 of 4 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Work Orders\GK Environmental\Amendment 1 \Work Order GKE-2 - Amendment 1.doc 60 ATTACHMENT 3 to AMENDMENT NO. 1 to WORK ORDER NUMBER GKE-2 SCRUB JAY FRIENDLY LANDSCAPING AND MAINTAINCE SERVICES FOR OSPREY MARSH ALGAL NUTRIENT REMOVAL FACILITY 1. TIME FOR COMPLETION Time is of the essence for this Work. Complete all Work in an expeditious manner once receiving reasonable notification of planting needs from Close Construction. The COUNTY realizes that some reasonable delays may be caused due to lack of available nursery stock at the time of the planting requests. **END OF ATTACHMENT 3** Page 4of4 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Work Orders\GK Environmental\Amendment 1\Work Order GKE-2 - Amendment 1.doc 61 EXHIBIT 1 AMENDMENT NO. 1 to WORK ORDER NO. GKE-2 SCRUB JAY FRIENDLY LANDSCAPING AND MAINTENANCE SERVICES FOR OSPREY MARSH ALGAL NUTRIENT REMOVAL FACILITY LANDSCAPING AND WETLAND PLANTING, MAINTENANCE, AND EXOTIC CONTROL PART 1 - GENERAL 1.1 SCOPE A. This Work consists of furnishing all labor, supervision, material, equipment, transportation, etc., to complete all landscaping work and wetland planting work for the areas shown on the Drawings, and as herein specified. Work shall also involve the removal of all invasive, exotic species on the site at the start of the landscaping contract, and continual maintenance and removal of exotics from the entire site for the times specified herein. B. No planting shall occur until an approved temporary irrigation system is installed by the Landscaper (or other watering system is provided by the Landscaper) and is available for irrigation service. C. This stormwater park landscaping is designed to attract wildlife, especially the Florida scrub jay. 1.2 SUBMITTALS A. Before planting, submit one sample of each specified plant to the OWNER for approval and identify the name, address, and telephone number of the nursery supplier. PART 2 — PRODUCTS 21 FERTILIZER A. Provide a complete analysis slow-release fertilizer that is uniform in composition, dry, and free flowing. Deliver to the site in the original unopened containers, each beanng the manufacturer's statement of analysis. Fertilizer shall meet the following requirements: 1. 12 percent Nitrogen (Minimum 70% Slow Release N Source) 2. 0 percent Phosphorus. (Unless soil tests indicate phosphorus is necessary. Last revised 11-18-2013 02240-1 OSPREY MARSH F\Public WorksMCeithM\Stormwater Projects\PC South Construction\Work Orders\GK EnvironmentaiWmendment 1\Exhibit 1 - Scope of Services - 12-17-2013.doc 62 If so then apply the percent phosphorus recommended by the plant supplier.) 8 percent Potassium. The fertilizer shall contain trace elements in the amounts recommended by the plant supplier. B. All of the nitrogen shall be derived from organic materials. Fertilize the plants as n ecessary to ensure proper growth dunng the warranty period. A minimum of two fertilizer applications shall be applied to the upland plants. Fertilize so that runoff of fertilizer -laden water into the lakes or wetlands does not occur. 2.2 PLANT MATERIAL A. Native vegetation shall be supplied by a Florida nursery specializing in the supply of native plants, with documented experience of at least three projects of similar size and complexity as descnbed herein. The supplier must certify in writing, that all plants provided were obtained legally and with proper permitting. B All nursery stock shall conform with Grades and Standards for Nursery Plants Parts I and II, latest edition, published by the Florida Department of Agriculture and Consumer Services. All plantings shall be Florida #1 specimens or better as determined by the Florida Division of Plant Industry. Supply native vegetation in proper containers and at the size indicated on the Drawings. C. All vegetation shall be sound, healthy, well -branched, and free of disease, insect eggs, larvae, nematodes, weeds, and exotic or invasive vegetation. All plants shall have adequate root systems and shall not be root -bound. D . Measurements: The height and/or width of trees (if approved) shall be measured from the ground or across the normal spread of branches with the plants in their n ormal positions. Immediate terminal growth shall not be included in the measurements. Plants larger in size than specified may be used if approved by the OWNER If the use of larger plants is approved, the required ball of earth or spread of roots shall be increased in proportion to the size of the plant. E Inspection: The OWNER may inspect plants at the place of planting for quality, size, and variety. Such approval shall not impair the right of inspection and rejection at the site during progress of the Work or after completion, for size and conditions of balls or roots latent defects, injuries, etc. Remove rejected plants immediately from the project site and replace with new material within two days. F. Coordinate with County personnel before planting any plant groups. OWNER will meet in the field with CONTRACTOR before each group is planted to offer layout suggestions and convey the design intent. Last revised 11-18-2013 02240-2 OSPREY MARSH F \Public Works\KeithM\Stormwater Projects\PC South Construction Mork Orders\GK EnvtronmentalWmendment 1\Exhibit 1 Scope of Services - 12-17-2013.doc 63 2.3 NATIVE STOCK A. Plants collected from wild or native stands shall be considered nursery grown when they have been reestablished in the nursery row and grown under regular nursery cultural practices for a minimum of two growing seasons and have attained adequate root and top growth to indicate full recovery from transplanting into the nursery row. 2.4 CONTAINER GROWN STOCK A. All container grown stock shall be healthy, vigorous, well -rooted plants and established in the container within which they are sold. The tops shall be in good quality and in a healthy growing condition. B. An established container grown plant shall be transplanted into a container and grown in that container sufficiently long for the new fibrous roots to have developed so that the root mass will retain its shape and hold together when removed from the container. C. Root -bound plants will be rejected. PART 3 - EXECUTION 3.1 EXOTIC REMOVAL PRIOR TO PLANTING A. The site contractor, Close Construction, shall initially clear and remove all exotics from the entire site as part of the site construction contract. When planting begins for the landscaping contract, clear and remove all newly growing exotics from the planting areas. Preserve all remaining native vegetation and trees unless shown otherwise on the Drawings. B In areas where native vegetation is to remain, hand -clear and remove all newly growing exotics from these areas. Mechanical clearing is not allowed in these areas. Do not disturb native vegetation.. C. All herbicide must be applied by an individual possessing a State (FDACS) Certified herbicide application license of the appropriate class. Provide the OWNER with a copy of the individual s license before herbicide application. D. All remaining "woodie" species must be removed from the site. Herbaceous weeds and grasses may be killed in place and left at the site. Last revised 11-18-2013 02240-3 OSPREY MARSH F:\Public Works\KeithM\Stormwater Projects\PC South Construction Work Orders\GK Environmental\Amendment 1\Exhibit 1 - Scope of Services - 12-17-2013.doc 64 3 2 DISPOSAL OF DEBRIS A. All vegetation to be removed shall be hauled from the project site and legally disposed at no additional cost to the OWNER Burning onsite is not allowed. 3.3 DIGGING AND HANDING PLANTS A. Do not hold for planting more than the time recommended by the supplier and protect from excessive exposure and dehydration. Pack plant material during transport to prevent breakage and drying during transport Trees transported more than ten miles or not planted within three days of delivery to the project site shall be sprayed with an antitranspirant product ("Wiltpruf' or equivalent) to minimize evapotransporation loss. B . Dig balled and burlapped (B&B) plants with firm, natural balls of soil of sufficient size to encompass the plant's fibrous and feeding roots. Do not plant said plants if the ball is cracked or broken. C. Do not handle plants by their stems. D . If plants are marked "BR" on the Drawings they shall be dug with bare roots. Do not cut roots within the minimum spread listed on the Drawings Ensure roots do not dry out during moving or before planting. E Protection of Palms: Only remove a minimum of palm fronds from the crown of the palm tree to facilitate moving and handling Clear Trunk (CT) shall be as specified after the minimum of fronds have been removed. F Excavate tree pits using extreme care to avoid damage to subsurface utilities or adjacent improvements. G. Repair damage to other work caused by plant installation and maintenance. 3.4 PLANTING PROCEDURES A. Cleanup the site before commencing the Work and after the Work is completed. Remove all objectionable matter, rubbish, etc. from the site before planting. These materials shall not be mixed with the soil. B . After uniformly grading or hand raking the ground surface prepare the ground prior to planting using appropriate methods. The surface shall be free of ruts and graded in accordance with the Drawings. The ground shall be free of weed growth either by cultivation or spraying of approved herbicides. Last revised 11-18-2013 02240-4 OSPREY MARSH FPublic Works J(eithM\Stormwater Projects\PC South Construction Mork Orders\GK Environmental\Amendment 1\Exhibit 1 Scope of Services - 12-17-2013.doc 65 C. Install and maintain all plants as recommended by the supplier nursery. Perform all planting procedures with qualified personnel. Insure no air pockets are around the roots. D . Set plants straight and level such that after settlement, the plant crown will stand one to two inches above grade. Set each plant in the center of the pit. E The OWNER will meet with the CONTRACTOR in the field to determine the locations of trees. The locations shown on the Drawings may be field adjusted to provide optimum wildlife habitat cover and screening effect. F. After planting trees, remove all broken branches and suckers with a clean cut. G Evenly space ground cover plants in accordance with the Drawings. However, positioning of the plants in the field may modified as recommended by the landscape professionals, in order to increase the plants' survivability and growth potential. H . Guy and brace all trees to insure stability and to maintain the tree in an upright position and to secure it against high winds. 3.5 PLANTING AREAS A. Planting areas in general are shown on the Drawings and the total number of plants in for each type of planting zone are listed. 3.6 LANDSCAPE MAINTENANCE AND WATERING A. INTER -CONSTRUCTION LANDSCAPE MAINTENANCE AND WATERING PERIOD: Maintain all plantings during the estimated 6 -month construction period. During this inter -construction maintenance period, guarantee the following: 1) Guarantee that one hundred (100) percent of the planted individuals become established and show signs of normal growth, excluding acts of God and extreme weather events or unforeseeable events out of the CONTRACTOR's control. The County realizes that some of the initial plantings installed during winter months (slow growing period) could be unusually susceptible to cold weather damage and will likely show slow growth during this period. Normal growth penods should be realized by May. 2) Replacement Plantings - All replacement plantings shall be Florida #1 specimens and they shall be installed and maintained as recommended by the supplier nursery and specified herein. Coordinate any replanting with County personnel. Last revised 11-18-2013 02240-5 OSPREY MARSH F\Public Works\KeithM\Stormwater Projects\PC South Construction\Work Orders\GK Environmental\Amendment 1\Exhibit 1 Scope of Services - 12-17-2013.doc 66 B. INITIAL TWO-YEAR LANDSCAPE MAINTENANCE AND WATERING PERIOD: Beginning on the date of final acceptance of all landscaping by the OWNER1, maintain all the new landscape plantings and temporary irngation facilities for a period of two years During this initial two-year maintenance period, guarantee the following: 1) All landscape items shall be under full (100%) warranty coverage during the Initial First Two -Year Warranty Period. During this time, the CONTRACTOR shall guarantee that one hundred (100) percent of the planted individuals become established and show signs of normal growth, excluding acts of God and extreme weather events or unforeseeable events out of the CONTRACTOR's control. The County realizes that some of the initial plantings installed during winter months (slow growing period) could be unusually susceptible to cold weather damage and will likely show slow growth during this period. Normal growth periods should be realized by May. 2) Replacement Plantings - All replacement plantings shall be Florida #1 specimens and they shall be installed and maintained as recommended by the supplier nursery and specified herein. Coordinate any replanting with County personnel. B. THREE-YEAR LANDSCAPE MAINTENANCE PERIOD* Following the initial two- year landscape maintenance period, all landscape will be maintained so that at the end of the 5 -year period, which begins at the date of final acceptance of plant installation by OWNER, at least 80% planted material and 80% cover by appropriate plant species will be obtained. C. As a minimum, perform maintenance monthly. Take special care to not disturb birds, nests, or other wildlife. 3.7 TEMPORARY IRRIGATION SYSTEM FOR MAINTAINING LANDSCAPE WARRRANTIES* A. Design, furnish, install, and maintain a temporary irrigation system or provide other means to adequately water and maintain all landscape items/planting areas during the above warranty periods. Contractor may use any site ponds and wells for water source and electrical source as may be shown on the electrical plans and as approved by the ENGINEER. Temporary facilities shall not conflict with the facility's operations and maintenance requirements. The cost of the temporary irrigation system shall be included in the Two -Year Maintenance Period Contract. 1 This date will probably be upon completion of major site construction activities by Close Construction Last revised 11-18-2013 02240-6 OSPREY MARSH F:\Public Works\KeithM\Stormwater Projects\PC South Construction Mork Orders\GK Enwronmentai\Amendment 1\Exhibit 1 Scope of Services - 12-17-2013.doc 67 3.8 EXOTIC ELIMINATION A. INTER -CONSTRUCTION EXOTIC ELIMINATION PERIOD: Eliminate exotics from all planted areas during the estimated 6 -month construction period During this inter -construction exotic elimination period, destroy all exotic plants in landscaped areas. As a minimum, perform exotic elimination monthly. Kill all exotics using methods approved by both the OWNER and St. Johns River Water Management District (SJRWMD) (i.e. hand remove or lightly spray with SJRWMD approved herbicides). Take special care to not disturb birds, nests, or other wildlife. B. Beginning on the date of final acceptance of all landscaping by the OWNER2, destroy all existing and future exotic plants on the project site for a period of five years. As a minimum, perform exotic elimination monthly. Kill all exotics at the site using methods approved by both the OWNER and St. Johns River Water Management District (SJRWMD) (i.e. hand remove or lightly spray with SJRWMD approved herbicides) and keep the entire project site free of exotics. Take special care to not disturb birds, nests, or other wildlife. C. In addition to cattails and other plants normally considered to be exotics by the industry all of the plants in Exhibit 2, 'Upland and Wetland Invasive Exotics" shall be eliminated and removed from the planted area and the wetland edge. + + END OF SECTION + + • 2 This date will probably be upon completion of major site construction activities by Close Construction Last revised 11-18-2013 02240-7 OSPREY MARSH F:\Public Works\KedhM\Stormwater Projects\PC South Construction Mork Orders\GK EnvironmentaIWmendment 1\Exhibit 1 Scope of Services - 12-17-2013.doc 68 EXHIBIT 2 UPLAND and WETLAND INVASIVE EXOTICS K. C. Burks, Botanist Bureau of Invasive Plant Management Florida Department of Environmental Protection Tallahassee, Florida 32399 850-245-2809 August 2003 69 ISIMISSINSISSE We Plant www.dep.state.fl.us/landshnvaspedindex.htm Illustrations courtesy of the Center for Aquatic and Invasive Plants, IFAS, University of Florida (http://plants.ifas ufl.edu/) Except: Abrus precatorius, courtesy of Jackie Smith, FDEP. Albizia julibrissin, from Kurz, H., and R.K Godfrey. 1962. Trees of Northern Florida. Univ. Press of Florida, Gainesville. Albizia lebbeck, Cupaniopsis anacardioides, Ficus microcarpa, Jasminum dichotomum, Leucaena leucocephala, courtesy of Miami -Dade County Dept of Environmental Resources Management, illustrations by Elizabeth Smith. Imperata cylindrica, courtesy of LeRoy G. Holm (used in World s Worst Weeds, 1979). Lonicera japonica, from Godfrey, R.K., and J. Wooten. 1981. Aquatic and Wetland Plants of Southeastern United States: Dicotyledons. Univ. of Georgia Press, Athens. Neyraudia reynaudiana, from Hitchcock, A.S., and A. Chase. 1950. 2"d edition. Manual of the Grasses of the United States. USDA Ag. Research, Washington, DC. Pueraria montana courtesy of Suzanne Kennedy, Brevard County Natural Resources Dept. Scaevola sericea, courtesy of K C Burks, FDEP. Solanum viarum, courtesy of Jeff Mullahey, Agronomy Dept., Univ. of Fla. IFAS (used in # SS -AGR -58. 1996). 2 70 Trees Albizia julibrissin • Trees • Unarmed, • Leaves • Flowers • Fruit ,, -k to ft, - with no ,. mimosn "powder pod spreading thorns tree or leaflets -puff' prickles crown clusters tiny, many hi yi��: ... Albizia • • • • • lebbeck Trees Unarmed, Leaves long Flowers Fruit in wind to a twice in flat 65 i.e., ft, yellowish long 0' woman's with no compound, thorns pod, spreading �f "powder r tongue persisting or prickles crown leaflets -puff' & "rattling" clusters 1-2 in. _ i e , twice compound, in pink a long, flat • i. , csij,� e'r • i Ste.% • • \ • fir • • • • • ua�.,„ Trees to Branchlets Leaves tiny, Flowers Fruits in scale leaves "$s 150 ft, thin, scalelike, tiny, unisexual, woody, with grayish conelike clusters, t above open in green on ' 'i crown whorls clusters same L- a±t.linn4p. i. > • a of tree 4,, it v,, ? , ?' n'e• 6-8 1 tl I C'ant r '¢ .. • Trees to • Spreads • Branchlets • Leaves tiny, • Flowers _ _ 65 by tiny, b ft, with root suckers thin, scalelike, mostly green, ai> r .i dense often in male crown whorls trees YE. waxy male clusters n of in 4� flower 12-17 Florida (spikes) me"" ;,. n"r /V `, -like flower female branchlets ; `�`•_<- 3 71 Trees Cinnamomum carnphora.- camphor tree • Evergreen tree to 60 ft tall, glabrous • Cut stems/leaves highly aromatic • Leaves simple, alternate, with short petioles • Leaf blades lustrous, entire • Glands on lower leaf surfaces • Tree with short trunk, rounded crown • Often growing on other trees when young • Milky sap from stems or leaves • Leaves alternate, small, dark shiny green • Figs yellow or dark red when ripe Cupaniopsis anacardioides : carrotwood • Slender evergreen tree to 10 m • Inner bark often orange (carrot color) • Leaves large, compound, with 4-12 leaflets • Leaflets leathery, dark green, oblong • Flowers tiny, green -yellow, in long racemes • Small tree, to 30 ft tall, often in thickets • Stems unarmed, i e , no thorns or pnckles • Leaves twice compound, leaflets oblong • Flowers white to yellowish in round clusters • Pods long flat, red -brown, hanging clusters 4 72 Trees Melaleuca quinquenerva - melaleuca • Evergreen tree to 100 ft, with slender crown • Whitish, thick, spongy bark sheds easily • Leaves alternate evergreen, gray -green • Flowers white, in "bottle -brush" spikes • Fruits small, brown woody capsules 4 apiliWtater • Deciduous tree to 50 ft tall • Sap milky, poisonous • Leaves ovate with narrowed tips, aspen -like • Pair of glands at petiole tops • Fruit a hard capsule with 3 white, waxy seeds mete s -a a 3—seeded capsules Melia:azederach - Chinaberry • Deciduous tree to 50 ft tall often in thickets • Twigs stout, with purplish bark • Leaves large, twice or thrice compound • Flowers lilac in large panicles • Fruit a thinly fleshy drupe, yellow g, l iI fereb' n i i„ its ' Ire epi?+ • Shrubby evergreen tree to 13 m tall • Leaves alternate, once compound • Leaflets usually 7-9, often toothed • Flowers unisexual, small, white • Fruits bright red small drupes in clusters 5 73 Vines Abrus precatorius — rosary pea • Stems branching, twining, woody below • Leaves alternate, even -pinnate compound • Leaflets oval -oblong, in 5-15 pairs • Flowers pea -like, white -pink to reddish • Seeds scarlet and black, very poisonous Jasmiuti alcoput �,° ynsrpine • Evergreen woody climber, often shrubby • Leaves opposite, glossy green, roundish oval • Flowers fragrant, white (pmk in bud) • Flowers opening at night • Fruit a two -lobed fleshy black berry Dioscorea bulbifera air potato • Stems herbaceous, twining to 60+ ft • Leaves alternate, heart shaped • Forms many aerial tubers • Rarely flowering in Florida • Leaf -blade veins in parallel curves raja a, canen es00h eys clil0 • Stems woody, trailing or climbing • Leaves opposite, evergreen, oval • Young stems and leaves hairy • Flowers white, yellowing with age • Leaves on new shoots often toothed 6 74 Vines. Lygodium japonicum - Japanese climbing fern • Fronds delicate, twining, to 90 ft long • Pinnae spread out along stemhke rachis • Pinnae triangular shaped, pinnately divided • Sterile leaflets incised on margin • Fertile leaflets with lobe edges narrowed A: aeilee� s,nic vine • , Stems woody below, twining, climbing • All parts with disagreeable odor • Leaves opposite, lance shaped • Flowers bell shaped, pale lilac • Fruit a shiny orange -brown round capsule Lygodiun microphyllum - Old World climbing fern • Fronds delicate, twining, to 90 ft long • Pinnae spread out along stemlike rachis • Pinnae more oblong shaped not as divided • Sterile leaflets lance shaped not incised • Fertile leaflets fringed with pinched lobes sterile pinna o r fertile pinna • Deciduous, twining vine, engulfing area • Leaves compound with 3 large leaflets • Young stems hairy • Flowers pea -type, reddish lavender • Fruit a bean pod with golden -brown hairs 7 75 U Board of Directors Sponsorship Fees — Annual Chairman —Min. William Mosley ✓ ice - Rev. Myra Ferguson Secretary - Ruby Napier 0) O 0rl Lin N N O 0 Treasurer —Wanda Scott Parliamentarian - Shawn Bell D r. Peterson a `^ N a inm E a) E Q Mission Statement a) 0 N U A 0 Mission of the Gifford Eco - O H ci - .L L Cs -0 2 0 . —_ V a • C sc fl, w .c O m 3 _ c • :a Q. O 0 i u u i o •O4+ c a Acting Executive Director Min. William Mosley L 0 0. 0. o E 735 o o. O '0 V E t0 oosut .0 W ▪ C w •C H u° For Donations send to tunities for: C 4' s_ V c N W oa 6.0C Tc cu O ago G ifford Economic 0 D evelopment Center 0 00tac c 0) H L G 3 V d s To 0 co W gla 76 +10 0 O '0 'd 01) C i 0 V 4306 26th Ave. Ste. B WI C 0 - ) Y E E 3 0 ja5o t a ° 0 z E a W CU o C w = m NC E eN E E °° 0 0 Q. C C �. 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E CPO O Euk- a Q aindO a) L •U E c E O ar O W O -0 u •E o E a) O -0 O o 'E o n. o O U CU bo a) 0 c 0 O E bO C c N as O as a a V a) -c I -o n3c o E wo r o 0 S •E GJ U L CL 0 c Q a >., a'' 'F' 1]0 • C O n3 u c L O C t 'N oto 4• m •N 4- m al to ,= c i 3 C `s' •> > o cu CU ea) a a O .II CID .7 C ^ . s CU t E >•• •s= a) a c0 4-1 Q O O o N w n' u 0 a U u to .c a) N L C o c s °a aJ to 0 s U 4-1 V1 L To C o to O C ro C a na 03 Eest a L C u O c 413 *GP C U O C L o • Q _ C u O •r-' C > o C C C 4- (15 .N O 4-1O 7- zo ILE a Bit PROGRAM O IIVIEW Community Development L 0I V f. 0 C W o .1. 0 t- 3 0 co N 0» INDIAN RIVER COUNTY, FLORIDA MEMORANDUM PUBLIC NOTICE [INFORMATIONAL] TO: FROM: DATE SUBJECT: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE• Stan Boling ICP; Community Development Director �1a�M John W. McCoy, AICP; Chief, Current Development December 17, 2013 Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of January 7, 2014. DESCRIPTION AND CONDITIONS: Please be advised that the following public heanng item has been scheduled for Board consideration: January 14, 2014 1. Margaret Fuller's Request for Abandonment of a 74' Long/33' Wide Portion of Doubloon Drive in front of 9440 Doubloon Drive, Lot 6, Block D in the Summer Place Unit 3 Subdivision [91020121-71016 / ROW -13-09-04] [Legislative] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. Indian River Co. Ap 9 . ved Date APPROVED FOR: BY/ AGENDA ITEM: January 7, 2014 `t.• / 101. y, CZ if. RO2 `"'l Legal to 1 Z.. Indian River Co. Ap 9 . ved Date Admin `t.• / 101. /41 Legal to 1 Z.. Q ("S Budget Dept. 4t /, i3 Risk Mgr. F:\Community Development\CurDev\public hearings\BCC\2014\I-7-13 public hearing notice to board.doc 1. 83 PUBLIC NOTICE ITEMS: 1/7/14 Oce of l®e INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William IC DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney • MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney /_ F DATE: December 20, 2013 RE: Public Notice of Public Hearing Scheduled for January 14, 2014 to Consider Codifying the Code of Indian River County The Board of County Commissioners will hold a Public Hearing on Tuesday, January 14, 2014, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider amending Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County ("the Code"), codifying and publishing the ordinances up to and including Supplement 100 thereto, readopting the Code, designating the Code as the best evidence of the current law of Indian River County, Florida, and providing for severability, codification, and an effective date. /nhm 'ROVED FOR J - '7- 14 _ 3.C.0 MEETING - p Hbtlee Uevh COUNTY A•.TTCRNEY Ga A d Ot�iose min. gra ttagliffr011 1 Legal ' rBudget a„art. S��� -.�� 6...._.. --- .. -._. . 84 Public Notice (Informational) 10t3 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: To: From: Prepared By: Subject: December 30, 2013 Joseph A. Baird, County Administrator Vincent Burke, P.E., Director of Utility Services Arjuna Weragoda, P.E., Capital Projects Manager /(a Notice of Scheduled Public Hearing to reduce sewer hook-ups In the West Wabasso Phase I Sewer & Drainage Project IRCDUS Project No: UCP 4078 It is requested that the following information be given formal consideration by the Board of County Commissioners during the regularly scheduled meeting on January 7th, 2014. DESCRIPTIONS AND CONDITIONS: Consideration of Amendment No.3 to the Florida Small Cities Community Development Block Grant (CDBG) for Neighborhood Revitalization, contract number 12DB-OH-10-40-01-N01, to the Honda Department of Economic Opportunity (FDEO) to revise the number of hook-up accomplishments and the beneficiaries. [Legislative] A public hearing to provide citizens an opportunity to comment on the Amendment will be held in the County Commission Chambers during the regularly scheduled meeting on January 14th, 2014. RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. APPROVED FOR AGENDA: By: caotA dVC153 JoseptiA. Baird, County Administrator For: % ,� 7 a,10 ate Indian River Co. Date Appa Administration �� :/ j Jd,,)j,� I Legal p (f Budget Y )5 Utilities '$ 1 3°f13 Utilities -Finance initial h . F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - West Wabasso (Whitfield) Sewer Phase 1, Community Gravity Sewer System - UCP 4078\Amendment to Agreement\Agenda Public Hearing Notice 01-07-14.doc 85 COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: DATE SUBJECT: FROM: Joseph Baird County Administrator December 30, 2013 Request for Executive Session — Jan ..I, 7, 2014 Jason E Brown Director, Management & Budge Staff has been collectively bargaining with the I • 'union since April 2013. Although both sides have been bargaining in good faith, an agreement has not been reached. Staff seeks to schedule an executive session (as allowed under F.S. 447.605) with the Board to discuss collective bargaining strategy. This meeting is exempt from F.S. 286.011. Members of the bargaining committee that will be present at the executive session include: Colleen Peterson, Human Resources Manager; Mike Zito, Assistant County Administrator, Jason Brown, Director Management & Budget; John King, Emergency Services Director; Jeffrey Mandel, Attorney with Fisher & Phillips, LLP; as well as the County Administrator, Joseph A. Baird. RECOMMENDATION Establish a time certain of 10:00 a.m., January 7, 2014, for the executive session to discuss IAFF union negotiations. APPROVED AGENDA ITEM: BY s„ A, Jose f A Baird County Administrator FOR: January 7, 2014 Indian River County A! ; 'ved Date Administrator 41,E1 9bl-�/g Legal ! it , 1' 7 43 Budget 1 C3 Department Risk Management 86 Indian River County Inter -Office Memorandum Office of Management and Budget Departmental Matters 12 6- 1 TO: Members of the Board of County Commissioners DATE* December 30, 2013 SUBJECT: Interfund Loan — San FROM: Jason E Brown Director, Management & Background Golf Course Irrigation The Dunes Golf Course at Sandridge Golf Club opened for play in 1987. Since that time, the course has operated with the original irrigation system This system is now over twenty-seven (27) years old, including the grow -in period of the course. The life expectancy for these systems is about 20 years. Due to its age, the irrigation system now requires significant additional maintenance. International Golf Management (IGM) provides maintenance operations at the course. Due to continued breakage and maintenance issues IGM staff has had to devote additional resources to maintain the irrigation system This, in turn, reduces the amount of time available to maintain the course itself. The County has also expended significant amounts for repair and replacement parts for the system over the last few years During fiscal year 2012/13, irrigation parts expenses were $52,119. For the previous year (2011/12), these costs totaled $36 855 Staff now recommends replacement of the irrigation system on the Dunes course at an estimated cost of approximately $1 million. Funding Staff proposes the use of interfund borrowing from the General Fund to provide funding for this project in an amount not to exceed $1 million. At this time, staff is proposing an interest rate of 2.5% per year on the interfund loan. This mechanism will provide funds at a relatively low interest rate for the golf course. Additionally, it will provide increased interest earnings for the General Fund The current interest earnings on County surplus funds average about 0.50%. Therefore, the General Fund will receive a higher return from the loan than it would earn on alternate investments. The final amount of the loan has not been determined at this time, though staff proposes a limit of $1 million The amount will vary depending upon final construction costs and the amount to be funded internally by the Golf Course. Staff anticipates a payback period of four (4) years as shown in the attachment. The timing of the loan will also depend upon the construction schedule. This project is planned for the summer to avoid closure of the course during peak business times. Once the final amount and timing of the interfund loan are determined, staff will present the proposed debt service schedule to the Board for approval Staff is requesting conceptual approval of the loan at this time in order to move forward with bidding the project. 87 Board of County Commissioners Page 2 of 2 December 31, 2013 Staff Recommendation • Staff recommends that the Board of Commissioners provide conceptual approval of an interfund loan from the General Fund (not to exceed $1 million) to provide funding to replace the irrigation system on the Dunes Course at Sandridge Golf Club and authorize staff to move forward with construction of this project Attachment Sample Debt Service Schedule APPROVED AGENDA ITEM: BY: Jos ='•h A. Baird County Administrator R: January 7, 2014 Indian River County Administrator County Attorney Budget Department Approved Date 1'3113 • 88 Golf Course Interfund Loan Sample Debt Service Schedule - Irrigation System Only Day March 1 Sept1'' March 1 Sept e1 March 1 Sept 1 March 1 Sept, Year 2015 2015 2016 2016 2017 201Z' 2018 2018 Grand Totals Fiscal Year 2014/15 2015/16 2016%17 017/1$ Irrigation Debt Interest $12,500 2:500 $9,563 Principal 2$5;000 .' 45;000;;=; 5,0( t ,65;00Q $63,752 $1,000,000 6,500 3,313 Loan effective September 1, 2014 Total P&I Total P&I Fiscal Year $12,500 $247,500 $260,000 $9,563 54;563' $264;126 $6,500 61;5001'. $3,313 aa%;13 1,063,752 Additional to fund irrigation system/other improvements: Total Amount of New Debt Interest Rate on New Debt: $1,000,000 F:\Budget\Jason\GOLF\Bond Payoff Analysis Draft $1,000,000 2.50% 12/31/2013 89 1U Regular Agenda Item ia317, INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 30, 2013 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services g Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Aid Subject: Indian River Aerodrome Subdivision- Assessment Results Indian River County Project No: UCP 4100 DESCRIPTIONS AND CONDITIONS: On August 20th, 2013, the Indian River County Board of County Commissioners (BCC) directed staff to move forward with surveying and design for the proposed aerodrome water line project Staff authorized Indian River Survey, Inc. a sister company of MBV Engineering, Inc. to complete the topographic survey of the subdivision. The purpose was to complete the topographic survey so that utilities could design the system, prepare cost estimates and present to the aerodrome residents. The survey was completed on October 25th, 2013. 'A 90% design was completed by Indian River County Department of Utility Services (IRCDUS) staff mid November, 2013. The findings were presented to the Indian River Aerodrome Subdivision residents on Sunday November 24th, 2013. The presentation was held at Mr. & Mrs. Dolan's hanger located at 265 Neiuport Drive. ANALYSIS: On November 25th, 2013, an information packet was sent by certified mail and by email to all the residents in the assessment district. The packet included a cover letter outlining the cost, assessment boundary map, estimated monthly expenses, financing options and a survey form. The deadline to return the survey form was December 16th, 2013 with either "VES -In Favor of the Indian River Aerodrome Water Assessment Project" or "No -Not in Favor of the Indian River Aerodrome Water Assessment Project" checked. The results are as follows: 90 No/Yes/Unresponsive Votes Number of Votes Percentile of Votes YES -In Favor of the Indian River Aerodrome Water Assessment Project 13 24.53 % No -Not in Favor of the Indian River Aerodrome Water Assessment Project 37 69.81 % Unresponsive 3 5.66 % Total = 53 100 90 Attached with the subject memorandum are the original survey forms from the residents and a tabulated summary of the results. Alternative No.1: Since more than 2/3 (two-thirds) of the residents are Not in Favor of the Indian River Aerodrome Water Assessment Project BCC direct staff to terminate the project. Alternative No.2: Per County Ordinance 81-27 BCC may initiate services and/or make improvements in its discretion and without petition. Therefore, BCC authorize staff to move forward with the Indian River Aerodrome Water Assessment Project. FUNDING: If BCC chooses Alternate No.1: termination of the project, then IRCDUS can shelve the project until such time as the residents of Aerodrome indicates interest in County water and no cost incurred by IRCDUS to this point will be assessed to the residents. The costs of the survey will be charged to the Other Professional Services account in the Operating Fund. Operating funds are derived from water and sewer sales. DESCRIPTION ACCOUNT NUMBER Other Professional Services 47123536-033190 AMOUNT $17,268.00 If BCC chooses Alternate No.2: move forward with the project, then the funding to cover the cost of the survey will be derived from the assessment fund. Assessment funds are generated directly from the customers benefiting from the project. DESCRIPTION I.R. Aerodrome Water Assessment ACCOUNT NUMBER 473-169000-13511 AMOUNT $17,268.00 RECOMMENDATION: Staff recommends the Board of County Commissioners approve Alternative No.1 and authorize the Chairman to direct staff to terminate the Indian River Aerodrome Water Assessment Project. ATTACHMENT(s): 1. Summary of the tabulated survey results. 2. Official Survey Forms from the residents of Indian River Aerodrome Subdivision. APPROVED FOR AGENDA: BY�ifn.n Jose h A Baird, County Administrator F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments - 2013 Pr 4100\Word Documents\Agendas\Agenda Aerodrome Assessment Results 12-19-13_vb.doc 91 Indian River Co. Ap • • - d Date Administration �• a 7f tq 7r Legal I) i/ Budget 133 Utilities of 1 Stbt- Utilities -Finance 91 Proposed Utility Assessment - Aerodrome Survey Results Dece : Proposed Utility Assessment - Aerodrome Survey Results G i :• f i j! Licca=rr • e 18.ch. a ete 1ff1,: Cv:Ci fie SURVEY VOTE 250 NIEUPORT DR 33382300002000000006.0. 33382300002000000012.0 3338230000200000001. 33382300002000000003.0 255 NIEUPORT DR • 265 N1EUpQRID N r^Y 4144 ..''L' {_..t t . 280 NIEUPORT DR LINTON-SM TI'TREVOR KENNETH IRENE, DEE LEE ALAN LOLA BETH DOLAN MARTIN t „W(NIFRED P (COTR)(TO CONTI KIMBERLY S &* N O 99 5,4u 30Q002Q0000000 823 •,` 300 NIEUPORT DR 33382300002000000001.0 TRAX MICHAEL A (TR)(TOK)* CAROL A (TR)(TOK) NO 385 NIEUPORT DR 33382300002000000017.0 PINNER ROY ROCHELLE NO 4. 400 SOPWITH DR 33382300003000000026.0 YOUNG JAMES E * DEBORAH D '82300003000009 2.0 • me mmttlawre. 440 SOPWITH DR 33382300003000000024.0 LYNCH DAN CAROL A N O 505 GULL WING DR 33382300004000000046.0 ZORC WILLIAM 1 CONSTANCE G NO LIQ MICR 510 WRIGHT CIR 33382300004000000043.0 33823000040000000 33382300004000000048.0 535 GULL WING DR '545 GULL WING DR 565 GULL WING DR 585 GULL WING DR 8515 WACO WAY COOK LINDA) (TR)(TOK) & * NO DORETTiDAVID M.' MERANA M 520 WRIGHT CIR . • .• 33382300004000000049; DYSON RAYMOND E KIM A NO 33382300004000000050.0 33382300004000000051.0 33382300003000000034.0 8520 WACO WAY 8525 DE HAVILLAND CT 33382300003000000035.0 Monday, December 30, 2013 NEWCOMBE GEOFFREY LJANET E 'WING AUSTIN; MARTIN (CO-TR)(TOK) CAROL SUE (CO -TR FORD WILLIAM S CHARLOTTE T * A E &"GGARNER:GROUP INC1 33382300003000000028.0 WOLFENDEN IAN HELENE NO Page 93 3 Proposed Utility Assessment - Aerodrome Survey Results uecer'n a.8th rftc •)% fnE.r °v!F.aC C40 Test«Geri. NE11 NAME SURVEY VQTE, 8525 WACO WAY 8540 DE HAVILLAND CT 33382300003000000033.0 33382300003000000031.0 GAGL,IARDI GENE R ROSEMARY B FISCHER JOHN B (TRS)(TOK) SHIRLEY R (TRS)(TOK)* 8545 DE HAVILLAND CT 33382300003000000027.0 8560 DE HAVILLAND CT 33382300003000000032.0 69.81% Unresponsive 465 NIEUPORT DR 33382300002000000019.0 EFFENDALC REX E.;.'; MARKS WALTER E NO NO 37 GRAFSTROM BENGT UNRESPONSIVE 540 GULL WING DR 33382300004000000052.0 urnmc VES•w in Fc t r .:. N\ - Not t <! i • Monday, December 30, 2013 5.66% 53 KURUSIS NICHOLAS J GLORIA A UNRESPONSIVE 3 53 Page94f 3 • Proposed Utility Assessment Project Information Packet— Aerodrome Neighborhood Meeting Date November 24th, 2013 Enclosed find information pertaining to the proposed water assessment project in your neighborhood. Information Included in the packet are as follows: 1) Cover letter 2) Official Survey Form — Needs to be signed and returned to Utilities Department by December 16, 2013. 3) . Water Assessment Boundary Map 4) Project Cost 5) Example of Water Connection Cost Sheet 6) Assessment Role 7) Estimated Monthly Expenses 8) Payment Options Return Survey To: Indian River County — Department of Utility Services Attn: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 772-226-1821 • 95 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300002000000009.0 THEISS WINNIE C f}1{4 aI/age Da�� 100 NIEUPORT DR Signature Date Signature Based upon the information provided on November 24th, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 96 33382300003000000040 0 KETNER LANDIS G BETTYJ 120 SOPWITH DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision • antic . .1.124PLIZA, / 2 -D 4-13 Signature Date PI (SAL Signa Based upon the information provided on November 24th, 2013: Check one: ate YES -In favor of The Indian River Aerodrome Water Assessment Project. 1" NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @, the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call 072) 226-1821 if you have any questions. • 93 97 • 33382300002000000010.0 KASER WILLIAM H JOAN H 125 NIEUPORT DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision Signature Date 72s! SI ature Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. Val NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @a, the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013: Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. • • 98 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300003000000039.0 ANDERSON NILS BO ULLA BIRGITTA 140 SOPWITH DR 7Ser Signature /Z/y/,) Date 1.2 Signature Based upon the information provided on November 24th, 2013: Check one: X Date YES -In favor of The Indian River Aerodrome Water Assessment Project. 1,1 NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 180127' Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 99 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300003000000038.0 VON LINSOWE DAVID J * TRUDY 1 160 SOPWITH DR Signature /91 Signature Based upon the information provided on November 24m, 2013: Check one: Date /2--5=/J /2.513 Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department Cal, the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 100 • 33382300003000000037.0 WOOD MARY E 220 SOPWITH DR Indian River County Department of Utility Services Offiiicial Survey Form Proposed Water Main Assessment Aerodrome Subdivision %tsi3 Signature Date Signature D • Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. please make three (3) copies. One for yourself .one for the HOA & send one the Utility Department ® the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 180127th Street Vero Beach, FL 32960 Please call (772) 2261821 if you have any questions. • 101 33382300002000000008.0 EMANUEL CASSIE W III & 230 SPADSPUR DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision nature j. ----- IL Signature Based upon the information provided on November 24th, 2013: Check one: 13)13 Date YES -In favor of The Indian River Aerodrome Water Assessment Project. 1 NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself .one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 102 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300003000000036.0 FERGUSON GEORGE W * CATHERINE SUE 240 SOPWITH DR Signat Signature Based upon the information provided on November 24th, 2013: Check one: &St Date Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department ® the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. • 103 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300002000000007.0 MARIAN! JOHN E LOUISA M 240 SPADSPUR DR Signature ,mss o 04_,_2 i 9.- 10 Date • 62710 -too Date Signature Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 104 • 33382300002000000011.0 DE JOUNGE LARS A * 245 NIEUPORT DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision Signature Based upon the information provided on November 24th, 2013: heck one: � `2 YES -In favor of The Indian River Aerodrome Water1 s went Project. Date • NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself .one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 105 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300002000000006.0 LINTON-SMITH TREVOR KENNETH IRENE 250 NIEUPORT DR NJIs"t ZErn_Aust /02/6/8 Signature Date 021-e-stekar- L(41 es 03 Signature Da e Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of' The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself .one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 106 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300002000000012.0 DEE LEE ALAN LOLA BETH 2S5NIEUPORTDR /� legai . 012.0 '� 1 13 �t/!'� Signature Date MCV- OLY*- • Let 4- 4. ThEQ Ai 5113 11 W NJ, ,, A :test ' Signature Date ` r�r�tpp� I��� �3 f�Ome Ph anilea-mtbti.24Ch,flij--mr7JBase up ttie inform tionprovidedon 2013 : 14444 .DQL o 179- Check flCheck one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself %one for the HOA & send one the Utility Department ® the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 107 33382300002000000005.0 SPANIOLI ALBERT * 260 NIEUPORT DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 11-30-2a133 Signature Date Signature Based upon the information provided on November 24th, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 108 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300002000000013.0 DOLAN MARTIN C (COTR)(TOK) WINIFRED P (COTR)(TOK) 265 NIEUPORT DR Signature LL Date Signature Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 109 33382300002000000004.0 DAVIS JAMES K 270 NIEUPORT DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision Signature Based upon the information provided on November 24th, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @a, the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 110 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300002000000014.0 BOWLES AARON J TASHA M 275 NIEUPORT DR tv g/3 Signature Date (1946 \ \ Ttil (2110 Signature Date Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 111 33382300002000000003.0 CONTI KIMBERLY S &* 280 NIEUPORT DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision ,moi ' 4a/q/Avi Date /a 91 017 Date Signature ature Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself sone for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 180127th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 112 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300002000000002.0 BOULEY JOSEPH L JR * 290 NIEUPORT DR Vero ick 1-4 tt 2 Based upon the information provided on November 24t'', 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 113 33382300002000000001.0 RAX MICHAEL A (TR)(TOK)* CAROL A (TR)(TOK) 300 NIEUPORT DR eceaJ 3h n f's Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision Oin,,,,LO, 4.4 ialalts Signature Date Signature Based upon the information provided on November 24th, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. isr Cie cOashol- Loa ter �C Please make three (3) copies. One for yourself .one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 114 33382300002000000015.0 HIPE PHILIP J FANNIE 345 NIEUPORT DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 2 3//3 Signatur- D-te Signature Based upon the information provided on November 24th, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. 9 NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself .one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator- Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 115 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300002000000016.0 SCOTT ALFRED W DONNA D 365 NIEUPORT DR /;?.. 9 02..0/3 igna f re Date Signature Based upon the information provided on November 24th, 2013: Check one: Date c YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ theaddress below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN• Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 116 33382300002000000017.0 PINNER ROY ROCHELLE 385 NIEUPORT DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 4&aca re Date •£s gi;10 /0210 Signature Date Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 1 117 to 33382300002000000018.0 MCCLURE BENTON .1* 395 NIEUPORT DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision I ature Date Signature Based upon the information provided on November 20, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself gone for the HOA & send one the Utility Department @ the address below. • Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 118 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300003000000026.0 YOUNG JAMES E * DEBORAH D 400 SOPWITH DR ignature // 4 ` Date Signature Based upon the information provided on November 24th, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 119 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300003000000025.0 BURDSALL GARY LEE JEAN M 420 SOPWITH DR rn tc) gnature Date Based upon the information provided on November 24th, 2013: Check one: • YES -In favor of The Indian River Aerodrome Water Assessment Project. of in favor of The Indian River Aerodrome Water sment Project. Please make three (3) copies. One for yourself .one for the HOA & send one the Utility Department ® the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 120 33382300003000000024.0 LYNCH DAN CAROL A 440 SOPWITH DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision CsJ /01 Date Signature Signature Based upon the information provided on November 24th, 2013: Check one: 4/ a -St /3 Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Q(/ ►sais ,.err Finsther akta Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @, the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 121 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300002000000020.0 BALLOUGH WILLIAM CAROLE 475 NIEUPORT DR 1 Signature Based upon the information provided on November 24th, 2013: Check one: so go/ 6. Date )7/44/3 Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. 'lease make three (3) copies. One for yourself .one for the ROA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 • Please call (772) 226-1821 if you have any questions. 1 122 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300002000000021.0 EASTERLING MALCOLM SCOTT & 485 NIEUPORT DR %!✓A�F S. 2,2-013 Signature Date Signature Based upon the information provided on November 24th, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO of in favor of' The Indian River Aerodrome Water ssessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department Qa, the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 123 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300002000000022.0 POWER VINCENT T JR CAROL 495 NIEUPORT DR A te -✓ M <4 ure Date Signa120 coitn ia-1043 Date 1'Z._q-6 Based upon the information provided on November 24th, 2013: Check one:c 'D�'r YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of' The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 124 • Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300004000000046.0 ZORC WILLIAM J CONSTANCE G 505 GULL WING DR nature Date IWOA . Signature Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. ,X NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the UtilityDepartment Cad the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 125 33382300004000000041.0 SELIG MICHAEL A BOBBIE J 505 WRIGHT CIR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision Signature Date der5dri—e, /0%, Signature Date Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 126 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300004000000043.0 COOK LINDA J (TR)(TOK) & * 510 WRIGHT CIR 74-4 cif G A./276.2.3 Signature Date vL Cr% !2 -6-13 SI:•ature Date Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself %one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 127 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300004000000044.0 CADORETTE DAVID M * MERANA M 520 WRIGHT CIR fr./a? Zba gnature ame Date Si a re D inalf Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself .one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 128 33382300004000000047.0 CHUMLEY THEMI * 525 GULL WING DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision Signature 2 12-13 Date Signature Based upon the information provided on November 24th, 2013: Check one: Date ..)et YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 129 33382300004000000045.0 DENTON ROBERT (TRS) & 525 WRIGHT CIR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision Sig ature Ignature Date Jectrow /1 /SP 3 Date Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself .one for the HOA & send one the Utility Department ® the address below, Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. • • 130 33382300004000000048.0 DYSON RAYMOND E KIM A 535 GULL WING DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision Based upon the information provided on November 24th, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 131 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300004000000049.0 MILLER CARL A & bio,,. M. MiLt.... 545 GULL WING DR n l %SO Ft -SUMS A. IlJ►:a.t . ki/ t3 Ret- Alb bea Signature Date 'nha t,.tent .49a, Igaigjl3 Signature Date Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. 't/ NO Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department © the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 132 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300004000000053.0 KASER WILLIAM A LINDA SUE * 560 GULL WING DR Signature Date Signature Date Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 133 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300004000000050.0 NEWCOMBE GEOFFREY L JANET E 565 GULL WING DR 447 is 44,t7C,tL sk 4/00/3 Signature &LwJ Date 16 .2© 3 �J ignature Date Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself .one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 134 33382300004000000054.0 BARNHOUSE H W NANCY 580 GULL WING DR Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision /-/ ignature ten4/0Ze/J-( Z% -(Z -i( S Date ivature Date Based upon the information provided on November 24th, 2013: Check one: ?� YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 135 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300004000000051 0 BREINING AUSTIN MARTIN (CO-TR)(TOK) CAROL SUE (CO-TR)(TOK) 585 GULL WING DR z-56-20/3 Signature �"' ��te Signature Based upon the information provided on November 24th, 2013: Check one: iraiL—[2o/3 Date YES -In favor of The Indian River Aerodrome Water Assessment Project. of in favor of The Indian River Aerodrome Water ssessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 11K iVZo/zor 3 • Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300003000000029.0 FISHER STEPHEN 8 * ANTONIA 8515 DE HAVILLAND CT • Signature Signature Based upon the information provided on November 24th, 2013: Check on z0`2•013 Date Date 1 YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. On p fpr yourself .one for the HOA & send one the Utility Department 0 the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300003000000034 0 FORD WILLIAM S CHARLOTTE T * 8515 WACO WAY Signature Signature Based upon the information provided on November 24th, 2013: Check one: S' .20% Date Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department Cc, the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300003000000030.0 CATALANO FAMILY LMTD PRTN 8520 DE HAVILLAND CT Signature Date Signature Based upon the information provided on November 24th, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. • 139 ` o: tc o s i Lt S e .1 e c V �vr�• cd " Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300003000000035.0 AE&GR GARNER GROUP INC 8520 WACO WAY ��. rp...r Signature Based upon the information provided on November 241", 2013: Check one: • 021(eNbil c2.6 a • Date Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three 3 co , ies. 1 ne for ourself one for the _ • A & end one the Utility Department the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801271 Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. . flea5e coricren re ca 4.6. 31"SenjOki he Q ryIS cot 140 33382300003000000028.0 WOLFENDEN IAN HELENE 8525 DE HAVILLAND CT Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision Signature i Date Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. VVe NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself %one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 141 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 33382300003000000033.0 GAGLIARDI GENE R ROSEMARY 8 8525 WACO WAY S 4 Signature Based upon the information provided on November 24t", 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. • NO -Not in favor of The Indian River Aerodrome Assessment Project. Water Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 142 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision 333823000030000000310 FISCHER JOHN B (TRS)(TOK) SHIRLEY 11 (TRS)(TOK)* 8540 DE HAVILLAND CT Signature Based upon the information provided on November 24th, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself ,one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 141 33382300003000000027.0 DEFFENDALL REX E 8545 DE HAVILLAND CT • • Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision Signature �' Date Signature Based upon the information provided on November 24t, 2013: Check one: Date YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please make three (3) copies. One for yourself .one for the HOA & send one the Utility Department @ the address below. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. 144 33382300003000000032.0. MARKS WALTER 'E '8560 DE HAVILLAND CT Indian. River.. County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision re Signature Based upon the information provided on November 24Th, 2013: Check one: • • OrCO-Cib Date: 3 % — 13 t2/6--13 Date YES=In favor of The Indian • River Aerodrome: Water Assessment Project • • • -Not in favor ofThe Indian River Aerodrome Water ssment Project. Please makethree (3): copies. One for vourself ;one one the Utility Department @ the address 'bel w.. ., Please mark your choice and return in the envelope than Monday December 16, 2013. Return Survey to: t Indian River County Utilities Department ATT'N:Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 -, • 1 • for the HOA. & send -.provided2no later Please call (772) 226-182.1 if you have any questions. 2 /A/5_. 3 a) 0 1 a) O a a. midy U O N 1 c O 2 Zi i To 0 =c6 c a. N N -OCE of >21 • . . cc Q E 0 (u Cr 1.1 -Loi/ c as as L a) as cu N c O ca.. 0) Q) o E E co O O am a • p c,. CO O v 45 P © a) L ocu O c o- o a, U E°i a)O U ' — a, o ccr c c) :a QC . • a a) roi Q November 24, 0 .00.61 • 106* 110 (1) 0) E 0 0 d 0) N1 4-, N 0 0 6 at tan 0. 0) 0 0 co c 0 N -t en 0 147* •U tf 4- 0 4J E RS 0 0 0. CO N ..0000. 0 L C1 • N � .j..r N C tt) • 4-0 CU 3 -0 cu a) cu 4.0 N v •� r _ N N N 03 cis 0i saw ems* a CL .. 4-0 0 47) 0 61c 2 c 0 `0 u cc '- VI0 c c ors c�• L 411 H CO v v; v construction w t 41 +10 w N MEMO 0111.1010 co cas 061 tU QJ D N F 0061,.. 4-1 0 L.. (13""C$ N 0 0 o a 0. C 0 4 CO O 4.0 400 Q v N ttO CO a u CD D 4- V ri IV 0tn -0 a 0 + CD C? .475 .� �n ,s iti EH a) •Sa' .c a 4a - 0 : MI ri c o o Z f • •= esi cset 71-i" 0 a 't•u 3 .0 m .c s EN a > 0 s 0 v > n z-0 ._ 0 -aI, c ° x + V) V; 161) c N C 0 ci 0 0 CO u .c atari c 0 E -c i 1 4 1- GC lesR 4. ec .00 4- E Indian River County Department of Utilities PROJECT COST ESTIMATE DPOSED WATER MAIN ASSESSMENT AERODROME SUBDIVISION $ 34,528025 $ 1,000.00 TOTAL PROJECT COST $ 429,154.18 C14 00 N ui Ida m V1 CV r el N CO ev r: r1 VF ri CO re r N On ti %0L i Irk M. VSTRUCTION COST GENCY COST (10% OF THE CONSTRUCTION COST} APHIC/ROUTE SURVEY RECORDING & ADVERTISEMENT COST 'TO BE DETERMINED IF ANY ONSTRUCTION BOND (4% OF THE CONSTRUC1 :E r7I r% I Le tta o W rri n gggggg 0 0 0i ca00000 NNagxa d 0 19 5 m 0 ea 4 0§ mP ea J 8 el II 61. ri 11111"1 ifq krigning IgtagglIdl 0 It' 4 Op N F a A.n..N R ._.N .__i N ry p��pprrqq epp p$prappgkq�$�pp a s ur 2 0 S g S 0 Y r3 N' M W In W h OQ 01 N err M F 2 0 0 8 0�! cc O 1 1 5 1 a 0 asia gi m 0 0 M its x d`r O 0 w W 2 W CD 0 gsfm O O O gg88 t33zi M 0 1 4 Q O 0 0 W A 3 z u. a a. z ffi z O 1 O rn 3 Ea dic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0444/4404414/114111100-- 0/04 ui �n m... N N 0 0 - ;n .._ gin.. N ry n ey ry ry " " ev, N rr ry el n eq N n rV ey ry G aagl 8gaig0rcors esgg zww 0 w z g o a O a J O A UJ 5, O • z 8 2 0 M .n a E 1 8 ?X22 suussaus 22Az2 N z a. x 0 a 0 1 0 N 8 W W 0 to 1.1 11 TRUDY 9 W 0 x us us 43 0 4 N e�2 N rAM M N N N N N N �. N N A en'n n�'i rcmIll Atra 3 4' C f Q N r~rl Xtra r f /9C/2 w w w w w w w w w a CD 4 rl rt eti tH H' .-i . i r+ 4kar 14$ 41.4 AA isq. Airs.U r.. h - f wnaDm s- a. a. �. 1rp Y Y Y Y Y Y Y Y Y Vo to OD CO CO CO CO OD gl CO CO CO CP Cr! 01 CI an 01 al 01 GI CI CFI Ai At At At vi vs At vs At It N c4 N N N N N N N N cV N N to V?N ttY V!V) an 4.4 Ain an 1!1 O Ti N e-1Nm44!'Mwre* co 61. -tri. -1 .C.0.0 .0 4= 4= .0 .0.0 G C C C C C C C C 0 0 0 0 0 0 0 0 0 0 0 222222222222 e . 'fJ N N N 4p� p $$ {Prry� 0 QMtt Q Va''SSii [QQ�{ Cf 0od��t' A 0 •$$$$a$ QNB� 0 f�. g f^p�' O I O pti� O pN�� O �R}M} i2 Mc'S} i`S (^moi O �pp 3' N �7 �Y ^ 1 O ,9 n N. �d N q O ai NN pryl O Av pig O a8 VFN pN; O a6 ppN�1 4 K6' �QQY�� R oKd 1 o od YIY �QpS Gt aNi �Y� O RF KN Nq aia66d 9 Cagan NNNN rY �':l !? g q §4 �o Q�� lni' yn�' QI uF �1? I ��+QYr1 cc. WW 'H �^�p. O 1 a N N s§ $$ f� N 1 +d fQ�Y� 4* mKTgd N p 1 N pN� � O$ +tS After 10 years p Q g in 4 q S$ - d r4 / 2 272 � 2 ¥ VS 44 4-P $ u = o. tn .(1) e _ �k Ots k7 E 2 CL 0 § a � � k ■ § 2 e a 2 vsIA E x \ R 1- 2 & m k / 5 Description Monthly Total 2© a:5 §$ �/ k/ �VI2 J c § / / . & / 0 44 $ § § E k 2 2 £ is * /9//'t Indian River Aerodrome Estimated Monthly Expenses for Aerodrome Water Assessment v1 L w 0. 0 L to C 4-, c a) m 4.11- V1 a) .a 2 0 uJ v u ►a 0. 41)0. 4a 0 w After 10 years 0 twiID e co Q) } Description of fees N O Co h to 01 is; N 0) N to V) -the tq oo ►► tn c o Ua E CU di C G 0 el 0. 0 in min N c c o to N c 4- O N 03 11 tad m O O O 064 ifit O4!) C a) a v E a) da V1 y CU L .4: ro ani L 4. cg c c A N .0 en 4-' h C a) o 'n 2 ¢ Monthly Total t ro E •T a) a) di CO .0 CU ro to Q) ro 'WMN 0 z v) 3.0G) 0, A c 0 w ro E c f.. a) 0 v f+ >4* CO c cu goo ++ c a) y V1 a) N N .4 A. e. 1 ` ai a } ! � \C)7.]ji -4 � 7 ƒ tit; /`�` | ! 14 !$_ §`!!!J3ƒ! . ^�.. f la ce } } j ! , MSS 0 0 1 11 11 11 11 w a w w 00 00 co, se, ta• 5 co) 154 4 ObPi A.tZ a 0 A 0 00 0 ter 0 �at 0 .40 - t-Citai o 0 1 4.3 64 t$ 11 11 11 11 4 a a 0 O U t7 u COin 1 69 to 11 .40 a 0 0 ' uz b • w O u 10 V 1 )osit ® $50.00 per ERU 1 c4 iR 11 0 ti o v 'a 0 O V a he 0 4rib t o '" %Fe` 0 pn tau 8. a 11 a a 74 iA 0 es t� C 0 V •R, O u .Q 4.4 u u u ry z e t2 ct tel 0 u r u 2 u u <750 o CS 0 cd j • CI t.c u W G cq ce4 • cep g rt 1_s 8 5 •; 0 sz - V cit 0 t 4weE gteCON 0 5 iv 5)? •90 I* ••! *-4 cin "cl ta"514 ei4 z $N4 0 41 (4) al ILI Pg c200 • P 0 On 44 4-0 ro 0 L ro au roE 2 t 4-, ro 0 1) co c I) ., N ;a-4 as) au 0 01. V„i� 0 * le; 0 a) 0 4) p4 CC3 0 E 0 0 0) 0) as t4-40 0 4-I 11 W 0 V co)4 /0 V • ‘rnia o 4, (1)w vi can cad) •11 W � C;4.4 •.•••4 as) +.4 E 0 c, � 4) U d) 2••• 14 d) rip C.) cic) E er; v4-1 46 N its U t .$ 0 AmU Cy 0 omm rte, �►, ct E 1) 414 aI 'we E 0 At5 a) C::) o ce) ct (1):tat l �-a O 0 0 N M 0 E cc) • • L*6 'a2 1,01-1c44 .. E6% t � = Pcz • 0 0 <-� 1) c rrte�. Vl 0 •rrte� Vl >%1 ccs 0 ct 0 clumq ragN 00 N U 0 0 (14 /VS -2/ PAD$PUR'DR T 4'. 250 (55) PARCELS IN SUBDIVISION (53) PARCELS TO BE INCLUDED IN THE WATER ASSESSMENT LAND ACRES VARY FROM 0.98 TO 2.55 IN SIZE (1) LOT LAND USE CODE - NN00 ASSESSES IN (2) LOTS LAND USE CODE - 0000 VACANT (52) LOTS LAND USE CODE - 0100 DEVELOPED SINGLE IMPROVED 8235 5TH STREET SW ALREADY CONNECTED TO COUNTY WATER • "'1'• h.w%p` INDIAN RIVER COUNTY PROPOSED WATER MAIN ASSESSMENT AERODROME SUBDIVISION Legend r Water Assessment Boundary * D - SF (Developed, Single Family Residential) * U - Undeveloped Ogle 1112111013 e.....ePat ........MITT • 1.m...1r....•.-......twpaa.......x1111............r....%ACP. 1.00.1nw.....w+«... Mal" sit A NCa Indian River County Department of Utilities PROJECT COST ESTIMATE PROPOSED WATER MAIN ASSESSMENT AERODROME SUBDIVISION Date:11/22/2013 O m N co N in m m l0 ri tn• tn. tn. O M ri t-4 CO m r -t tn• 4.4 J J 1- J J CONSTRUCTION COST ENGINEERING, ADMINISTRATION & PERMIT FEES (5% OF THE CONSTRUCTION COST) CONTINGENCY COST (10% OF THE CONSTRUCTION COST) TOPOGRAPHIC/ROUTE SURVEY PUBLIC CONSTRUCTION BOND (4% OF THE CONSTRUCTION COST) RECORDING & ADVERTISEMENT COST FAA NOTIFICATION/APPROVAL :COST TO BE DETERMINED IF ANY ri N m et Lfl 1.0 N TOTAL PROJECT COST $ A TOTAL OF 53 LOTS IN ASSESSMENT DISTRICT LL J O ri 1 N 1 W L M01 a Q >. 01 in M c N3 ' a o Q >. co o3 > eo m 3 '? 3 oii �L e4ZWO CCI 03 i+ Y M III VI ta VI C c C c d .0 toM O Z ani 'p z > E = O 0. c u .0 a1 L co y0 a) o E 2 O C u O al c o. t f C E CC C ` u 2- 41 CO +' O > N +' O 4- C u c .O c z .+' d ° o E u d N 0 ,1)..2 i Lo c m O 0 vr O L c o >` 10 N Lab O d O- O C ,,• r L w d t E c 0 L t_ c L Y O O L 4,-O O y C a! E Q?4V) L c Q•• 7 0) , tla C ' O MI � C 4! vi .0 a) 4-0 Ern CIV L a) C 0 IV al O a) a+ 16 L O 4-' C O u u (n u Y D VS O _C h C — > O • 0 C ID -0 Y O a y 0 c (_a u O c C y (>O w '0 u m c saal cu C fp x u Q 2 f0 e c a)o O c c ti) ' U O. C O Y 0 Y N L C CO .N N Em i1 m O = u a) C c O O ul C c tU a u c o' > E u m y a m m 1 1 N J INDIAN RIVER COUNTY- WATER AND SEWER CONNECTION FEES 00 -Connection Fee Estimate Applicants Name: Project/Subdivision Name: Applicants Contact Person: Location/Street Address: Parcel ID ('s) #: Fire Protection Service? (Yes / No) Master Meter? (Yes / No) Phone #: Cell #: Fax #: e -Mail: 1 N 1 N APPLICABLE CODE ( I ) Indian River County/City of Sebastian (V) City of Vero Beach (F) Franchise Utility (N) No Service Available I I (REQUIRED (REQUIRED Water Sewer (REQUIRED FIELDS) Water & Sewer are available and must connect. For Concurrency Only? (Yes / No) 1 (REQUIRED) REMARKS: Water Capacity Charges: Water Service Connection: Water Deposit: New Service Charge: Meter Installation Water Line Extension Fees: Water Line Extension Fees: Sewer Capacity Charges: Sewer Lateral: Sewer Deposit: New Service Charge: Sewer Line Extension Fees: Sewer Line Extension Fees: -- Official Use Prepared By 1 1 1 by IRCUD Staff Only -- Date Prepared IRC Service App Provided? N ERU's Q $1,300.00 Each ERU's Q $1,105.00 Each (Multi -Family) 5/8 Inch Q $400.00 per Connection by IRC 2 Inch @ $1,020.00 per Connection by IRC Tap by Contractor (Yes/No) Deposit @ $50.00 per ERU $25 per Service Connection 5/8 Inch @ $130.00 per Meter 2 Inch Q $1,160.79 per Meter Per Developer's Agreement FT @ $11.25 / FT ERU's @ $2,796.00 Each ERU's Q $2,376.60 Each (Multi -Family) Taps @ $500.00 Each per Connection by IRC Tap by Contractor (Yes/No) Deposit ® $50.00 per ERU $25 per Service Connection: Per Developer's Agreement FT@$15.77/FT Notal Balance Due nk _ 1,300.00 50.00 _ $ 130.00 _ $ - ONO • • IOW _ $ **`Charges and fees are estimates only. Actual charges are subject to review and confirmation at time of payment. Base Fees will accrue at the time connection fees have been paid. 1,480.00 fl Date Printed: II/21/2013 syr -Z 5 Description / Qualifier Car Wash (Enter gallons per day) Commercial (Enter square footage) Historical Use (Enter gallons per day) Hotel / Motel (Enter # of Units) Industrial (Enter square footage) E -o -R's Projected Flows (Enter GPD) Mini -Storage (Enter # of Units) Multi-Family/Qualified Mfg. Home -- (Enter # of Units) Nursing Homes, Children's Homes, etc. --- (Enter # Beds) (Enter # Staff) Office (Enter square footage) Residential Units (Enter # of homes) 1 home(s) 1.00 Restaurant (Enter # of Seats) School (Enter # of students) Swimming Pools (Enter # of Pools) Warehouse (Enter square footage). Commercial (Enter # of Units) Other (Enter # of ERU's) Fire Protection (Enter Yes / No) N Sub Total: 1.00 Existing ERU's (Enter # of Existing ERU's) Grand Total: 1.00 Water Service Connection: Water Deposit: New Service Charge: Meter Installation Water Line Extension Fees: Water Line Extension Fees: Sewer Capacity Charges: Sewer Lateral: Sewer Deposit: New Service Charge: Sewer Line Extension Fees: Sewer Line Extension Fees: -- Official Use Prepared By 1 1 1 by IRCUD Staff Only -- Date Prepared IRC Service App Provided? N ERU's Q $1,300.00 Each ERU's Q $1,105.00 Each (Multi -Family) 5/8 Inch Q $400.00 per Connection by IRC 2 Inch @ $1,020.00 per Connection by IRC Tap by Contractor (Yes/No) Deposit @ $50.00 per ERU $25 per Service Connection 5/8 Inch @ $130.00 per Meter 2 Inch Q $1,160.79 per Meter Per Developer's Agreement FT @ $11.25 / FT ERU's @ $2,796.00 Each ERU's Q $2,376.60 Each (Multi -Family) Taps @ $500.00 Each per Connection by IRC Tap by Contractor (Yes/No) Deposit ® $50.00 per ERU $25 per Service Connection: Per Developer's Agreement FT@$15.77/FT Notal Balance Due nk _ 1,300.00 50.00 _ $ 130.00 _ $ - ONO • • IOW _ $ **`Charges and fees are estimates only. Actual charges are subject to review and confirmation at time of payment. Base Fees will accrue at the time connection fees have been paid. 1,480.00 fl Date Printed: II/21/2013 syr -Z 5 33382300002000000022.0 NO: OWNER_NAME PROPOSED WATER MAIN ASSESSMENT AERODROME SUBDIVISION PARCEL ID 1 2 3 4 5 6 A E & G R GARNER GROUP INC ANDERSON NILS 80 ULLA BIRGITTA 33382300003000000035.0 SITE ADDR 8520 WACO WAY Cost/Parcel BALLOUGH WILLIAM CAROLE BARNHOUSE H W NANCY 33382300003000000039.0 140 SOPWITH DR 33382300002000000020.0 475 NIEUPORT DR BOULEYJOSEPH LIR * 33382300004000000054.0 580 GULL WING DR BOWLES AARON J TASHA M 33382300002000000002.0 290 NIEUPORT DR BREINING AUSTIN MARTIN (CO- TR)(TOK) CAROL SUE (CO-TR)(TOK) 33382300002000000014.0 275 NIEUPORT DR 7 8 9 33382300004000000051.0 BURDSALL GARY LEE JEAN M CADORETTE DAVID M * MERANA M 33382300003000000025.0 585 GULL WING DR 420 SOPWITH DR $8,097.25 $8,097.25 58,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 10 11 12 13 14 CATALANO FAMILY LMTD PRTN 33382300004000000044.0 520 WRIGHT CIR CHERRNAY CLIFFORD MARIE CHUMLEYTHEMI * 33382300003000000030.0 8520 DE HAVILLAND CT 33382300004000000042.0 515 WRIGHTCIR $8,097.25 $8,097.25 $8,097.25 CONTI KIMBERLY 5 &* 33382300004000000047.0 525 GULL WING DR COOK LINDA.) (TR)(TOK) & * 33382300002000000003.0 280 NIEUPORT DR 15 16 DAVIS JAMES K 33382300004000000043.0 510 WRIGHT CIR 58,097.25 $8,097.25 $8,097.25 DE JOUNGE LARS A * 33382300002000000004.0 270 NIEUPORT DR 17 18 19 DEE LEE ALAN LOLA BETH DEFFENDALL REX E 33382300002000000011.0 245 NIEUPORT DR 33382300002000000012.0 255 NIEUPORT DR DENTON ROBERT (TRS) & 33382300003000000027.0 8545 DE HAVILLAND CT DOLAN MARTIN C (COTR)(TOK) WINIFRED P (COTR)(TOK) 33382300004000000045.0 525 WRIGHT CIR 20 21 33382300002000000013.0 DYSON RAYMOND E KIM A 33382300004000000048.0 22 23 EASTERLING MALCOLM SCOTT & EMANUEL CASSIE W III & 33382300002000000021.0 265 NIEUPORT DR 535 GULL WING DR 485 NIEUPORT DR FERGUSON GEORGE W SUE 33382300002000000008.0 230 SPADSPUR DR 24 CATHERINE 33382300003000000036.0 25 FISCHER JOHN B (TRS)(TOK) SHIRLEY R (TRS)(TOK)* 33382300003000000031.0 26 27 FISHER STEPHEN B * ANTONIA FORD WILLIAM 5 CHARLOTTE T* 33382300003000000029.0 240 SOPWITH DR 8540 DE HAVILLAND CT 8515 DE HAVILLAND CT 33382300003000000034.0 28 29 30 GAGUARDI GENE R ROSEMARY B GRAFSTROM BENGT 33382300003000000033.0 8515 WACO WAY 8525 WACO WAY $8,097.25 $8,097.25 58,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 58,097.25 $8,097.25 $8,097.25 58,097.25 $8,097.25 $8,097.25 HIPE PHILIP) FANNIE 33382300002000000019.0 465 NIEUPORT DR 31 32 KASER WILLIAM A LINDA SUE * KASER WILLIAM H JOAN H 33382300002000000015.0 345 NIEUPORT DR 33382300004000000053.0 560 GULL WING DR 33 34 KETNER LANDIS G BETTY J 33382300002000000010.0 125 NIEUPORT DR KURUSIS NICHOLAS) GLORIA A 33382300003000000040.0 120 SOPWITH DR 35 LINTON-SMITH TREVOR KENNETH IRENE 33382300004000000052.0 540 GULL WING DR 33382300002000000006.0 36 LYNCH DAN CAROL 33382300003000000024.0 250 NIEUPORT DR 440 SOPWITH DR 37 38 MARIAN! JOHN E LOUISA M MARKS WALTER E 33382300002000000007.0 240 SPADSPUR DR 39 40 MCCLURE.BENTONJ * MILLER CARL A & 33382300003000000032.0 8560 DE HAVILLAND CT 33382300002000000018.0 395 NIEUPORT DR 41 42 NEWCOMBE GEOFFREY L JANET E PINNER ROY ROCHELLE 33382300004000000049.0 545 GULL WING DR 33382300004000000050.0 565 GULL WING DR 43 POWER VINCENT TJR CAROL 3338230000200000001740 385 NIEUPORT DR 44 SCOTT ALFRED W DONNA D 33382300002000000016.0 45 46 SELIG MICHAEL A BOBBIE J SPANIOLI ALBERT * 33382300004000000041.0 495 NIEUPORT DR 365 NIEUPORT DR 505 WRIGHT CIR 47 THEISS WINNIE C 33382300002000000005.0 260 NIEUPORT DR 48 TRAX MICHAEL A (TR)(TOK)* CAROL A (TR)(TOK) 33382300002000000009.0 100 NIEUPORT DR 33382300002000000001.0 49 VON. LINSOWE DAVID J * TRUDY J 33382300003000000038.0 300 NIEUPORT DR 160 SOPWITH DR 50 51 WOLFENDEN IAN HELENE WOOD MARY E 33382300003000000028.0 8525 DE HAVILLAND CT 33382300003000000037.0 220 SOPWITH DR 52 YOUNG JAMES E * DEBORAH D ZORC WILLIAM J CONSTANCE G 33382300003000000026.0 53 33382300004000000046.0 400 SOPWITH DR 505 GULL WING DR TOTAL= $ $8,097.25 58,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 58,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 *097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 $8,097.25 429,154.18 ncle Indian River Aerodrome Estimated Monthly Expenses for Aerodrome Water Assessment In N N tT O t10 N U 'C 01 0. at La - 2 2 0.a 00 * c 110 trz4-+ 4.• 1 m W After 10 years Description of fees N N '-4 N t/> N O N tD ei O N C 00 NCS) C ri GO: N tT N 1/1• to i/? * M to N -1 co O 1ei ``1 _ to c t1j Oc Cal G co riL Q. `J- oo p Ocn� a. o {4 -a II war C U u to N C N M o NCaJ tto a, a) O O >- cp tf1 in. O O v N N w C m "' C L • d O 'm 3m L L cr) er to 3a) a) E tt .0 to U c• to to O h to M Monthly Total C CU to 0. a C O N to E C v a) E O h U 7 .0 m scsC C t6 al a) ++ C CU N lA Ino t * * * /9" 27 Payment Options Indian River Aerodrome Water Assessment Payment in Full of the Final Assessment Amount If the final assessment amount, as approved by the Board of County Commissioners at the close of the project, is paid within ninety (90) days of that approval, there will be no interest incurred. Finance the Final Assessment Amount The assessment of $8,097.25 may be financed over a ten (10) year period at an interest rate of 5.75%. This will be billed annually. However, if the property owner desires to make monthly payments he may do so. This would result in a reduction in interest payments over the life of the loan. The ten (10) year amortization schedule is depicted below: Payment Year 1 $1,087.16 Year 2 $1,087.16 Year 3 $1,087.16 Year 4 $1,087.16 Year 5 $1,087.16 Year 6 $1,087.16 Year 7 $1,087.16 Year 8 $1,087.16 Year.9 $1,087.16 Year 10 $1,028.19 Principal $621.57 $657.31. $695 10 $735.07 $777.34 $822.04 $869.30 $919.29 $972.15 $1,028.08 Interest $465.59 $429.85 $392.06 $352.09 $309.82 $265.12 $217.86 $217.86 $217.86 $59.11 Principal Balance $7,475.68 $6,818.37 $6,123.27 $5,388.20 $4,610.86 $3,788.82 $2,919.52 $2,000.23 $1,028.08 $ 0 At the Time of Connection An application will be required at the time of connection. Required fees will include a $1300 impact fee (see below), a $50 deposit (refundable after 24 months of good payment history) and a $130 meter install fee. The minimum cash due at connection is $180. A Water Impact Fee will be incurred at the time of connection to the system. Presently, the water impact fee is $1300. The fee may be financed over five (5) years with monthly payments due. Monthly payments will be $24.98 each. The first year's amort zation schedule is depicted below. Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Payment $24.98 $24.98 $24.98 $24.98 $24.98 $24.98 $24.98 $24.98 $24.98 $24.98 $24.98 $24.98 Principal $18.75 $18.84 $18.93 $19.02 $19.11 $19.20 $19.30 $19.39 $19.48 $19.58 $19.67 $19.76 Interest $6.23 $6.14 $6.05 $5.96 $5.87 $5.78 $5.68 $5.59 $5.50 $5.40 $5.31 $5.22 Principal Balance $1,281,25 $1,262.41 $1,243.48 $1,224.46 $1,205.35 $1,186.15 $1,166.85 $1,147.46 $1,127.98 $1,108.40 $1,088.73 $1,068.97 Payment Options Indian River Aerodrome Water Assessment Payment in Full of the Final Assessment Amount If the final assessment amount, as approved by the Board of County Commissioners at the close of the project, is paid within ninety (90) days of that approval, there will be no interest incurred. Finance the Final Assessment Amount The assessment of $8,097.25 may be financed over a ten (10) year period at an interest rate of 5.75%. This will be billed annually. However, if the property owner desires to make monthly payments he may do so. This would result in a reduction in interest payments over the life of the loan. The ten (10) year amortization schedule is depicted below: Year 1. Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Payment $1,087.16 $1,087.16 $1,087.16 $1,087.16 $1,087.16 $1,087.16 $1,087.16 Year 8 $1,087.16 Year 9 $1,087.16 Year 10 $1,028.19 Principal $621.57 $657.31 $695.10 $735.07 $777.34 $822.04 $869.30 $919.29 $972.15 $1,028.08 Interest $465.59 $429.85 $392.06 $352.09 $309.82 $265.12 $217.86 $217.86 $217.86 $59.11 Principal Balance $7,475.68 $6,818.37 $6,123.27 $5,388.20 $4,610.86 $3,788.82 $2,919.52 $2,000.23 $1,028.08 $ 0 At the Time of Connection An application will be required at the time of connection Required fees will include a $1300 impact fee (see below), a $25 service fee, a $50 deposit (refundable after 24 months of good payment history) and a $130 meter install fee. The minimum cash due at connection is $205. A Water Impact Fee will be incurred at the time of connection to the system. Presently, the water impact fee is $1300. The fee may be financed over five (5) years with monthly payments due. Monthly payments will be $24.98 each. The first year's amortization schedule is depicted below. Month Month Month Month Month Month Month Month Month Month Month Month Payment 1 $24.98 2 $24.98 3 $24.98 4 $24.98 5 $24.98 6 $24.98 7 $24.98 8 $24.98 9 $24.98 10 $24.98 11 $24.98 12 $24.98 Principal $18.75 $18.84 $18.93 $19.02 $19.11 $19.20 $19.30 $19.39 $19.48 $19.58 $19.67 $19.76 Interest $6.23 $6.14 $6.05 $5.96 $5.87 $5.78 $5.68 $5.59 $5.50 $5.40 $5.31 $5.22 Principal Balance $1,281.25 $1,262.41 $1,243.48 $1,224.46 $1,205.35 $1,186.15 $1,166.85 $1,147.46 $1,127.98 $1,108.40 $1,088.73 $1,068.97 /99•Z9 Proposed Utility Assessment Project Information Packet Aerodrome Neighborhood Meeting Date November 24th, 2013 Enclosed find information pertaining to the proposed water assessment project in your neighborhood. Information Included in the packet are as follows: 1) Cover letter 2) Official Survey Form — Needs to be signed and returned to Utilities Department by December 16, 2013. 3) Water Assessment Boundary Map 4) Project Cost 5) Example of Water Connection Cost Sheet 6) Assessment Role 7) Estimated Monthly Expenses 8) Payment Options Return Survey To: Indian River County— Department of Utility Services Attn: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 772-226-1821 /v 3 November 24, 2013 Name Address Address 2 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Subject: Proposed Water Assessment Aerodrome Subdivision Dear Property Owner, The Indian River County Department of Utility Services (IRCDUS) has conducted a survey and completed a preliminary design for the possibility of providing potable water to your neighborhood The total estimated cost of the project is $ 429,154.18. This cost includes administration, engineering and construction expenses. Please note that these costs are preliminary based .upon unit cost pricing for comparable projects. Final costs are to be determined if the project is approved and competitively bid. No cost to this point will be assessed to the residents. On Sunday November 24, 2013, representatives from the Utilities Department will present the project costs to residents and will hand out project information packages. As part of this process, all residents are asked to vote in favor of or against the project based upon the cost information provided. Once all 53 votes have been received, Utilities will share the results with the Indian River Aerodrome Property Owners and the Indian River County Board of County Commissioners (BCC). Depending on the results of the survey,the project will either have enough support to move forward or it will not. In order for this process to move forward two-thirds or 66.7% of the residents must be in favor of the project. The estimated cost to each property holder is $ 8,097.25. If the project is approved the construction cost can be spread over ten years at an annual interest rate of 5.75% (set by the BCC) Once a customer decides to connect to the water service they would also incur an impact fee of $1,300.00 per single family unit This impact fee can be spread out over a 5 -year period at an interest rate of 5 75% per year. Details of all related costs as well as a hypothetical monthly water bill are depicted on the attached spreadsheet. Also included in this packet is an official survey form. So that results can be given to the Aerodrome residents and BCC in a timely manner we are asking that all survey forms be completed and returned to IRCDUS no later than Monday. December 16. 2013 An envelope is provided for your convenience. Please contact utilities at (772) 226-1821 if you have any questions. Sincerely, Vincent Burke, P.E. Director of Utility Services /4 '.3/ Parcel Id Name Address Address 2 Indian River County Department of Utility Services Official Survey Form Proposed Water Main Assessment Aerodrome Subdivision Based upon the information provided on November 24th, 2013: Check one: YES -In favor of The Indian River Aerodrome Water Assessment Project. NO -Not in favor of The Indian River Aerodrome Water Assessment Project. Please mark your choice and return in the envelope provided no later than Monday December 16, 2013. Return Survey to: Indian River County Utilities Department ATTN: Assessment Coordinator -Aerodrome 1801 27th Street Vero Beach, FL 32960 Please call (772) 226-1821 if you have any questions. /y5 ,J t Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney • Office Of Attorney's Matters 01/07/14 INDIAN RIVER COUNTY ATTORNEY 13Ar MEMORANDUM TO: Board of County Commissioners THROUGH. Dylan Reingold, County Attorney FROM: DATE December 30, 2013 SUBJECT: William K DeBraal, Deputy County Attorney' Approval of Supplemental Attorney's Fees Incurred on Behalf of William Bethel Parcel 108 Background On March 17 2009 the Board approved a Resolution of Necessity for a parcel of property located at 4875 66th Avenue, owned by William Bethel. This parcel lies on the west side of 66th Avenue between 45th Street and 49th Street. The property is approximately 0.89 acres in size and contains a three bedroom, two bath house of approximately 1,732 sq. ft. The road construction plans for 66th Avenue call for the County to acquire 0.30 acres of property from Mr Bethel for road right-of-way along 66th Avenue. The matter proceeded to a five day jury trial and the jury returned a verdict of $305,000 for full and final compensation to Mr Bethel for all damages as a result of the taking. Mr. Bethel appealed the verdict to the Fourth District Court of Appeal. The Appellate Court affirmed the verdict without an opinion. The last matter left to resolve is the payment of Mr Bethel's Supplemental Attorney's Fees, which, by statute, the condemning authority is obligated to pay. The County's outside eminent domain attorney, William Doney, represented the County in this proceeding Mr. Doney's letter explaining Supplemental Attorney's Fees, his opinion and an opinion letter of Barry Balmuth, Esq , retained by the County to render an opinion as to the amount and reasonableness of the fees, is attached to this memo. 'ROVED FOR 1 1- t-7_/ L5tO ETING LAR AGENDA \COUNTY ATTORNEY, ...,.. RiFu C� Approved Date A,drnln. $. iia/ Legal ` Budget /2-s3 13 Dept. * -- /2-31-8 FSIs-:< Mor. 146 MEMORANDUM — Bethel Supplemental Fees December 30, 2013 Page 12 Mr Bethel's attorney, Brent Simon, had originally sought $33,007.75 for 109 hours of attorney time. The parties have reached an agreement where Mr. Simon will accept $26,000 in full and final settlement of Supplemental Attorney s Fees. If the Board does not approve payment of the negotiated Supplemental Attorney's Fees, they will be determined by the court, with the County responsible for paying for the opposing parties attorney's fees and any additional expert witnesses needed to testify as to the reasonableness of their fees. Additionally, the County would have to pay its own expert to testify in a fee hearing and pay outside counsel to prepare for and attend the fee hearing. As noted in Mr Doney's letter attached, the County's fee expert would testify that a reasonable Supplemental Attorney's Fees for this matter would be $25,000, thus the cost of litigating the issue would eliminate any savings in settling the matter as recommended. Funding. Funding is budgeted and available from Optional Sales Tax/66th Ave -SR 60 to 49th Street, Account # 31521441-066510-06040. For FY 13/14, $15,356,233 has been budgeted for this project, with $1,938,386 being expended year to date. Recommendation. The County Attorney s Office recommends that the Board approve the Supplemental Attorney's Fees for Defendant, William Bethel, in the amount of $26,000. Copy to: Bill Doney, Esq. Brent Simon, Esq. 147 CALDWELL PACE TTI EDWARDS SCHOECH & VIATOR LLP ATTORNEYS AT LAW MANLEY P. CALDWELL. JR. KENNETH W. EDWARDS CHARLES F. SCHOECH MARY M. VIATOR RUTH P. CLEMENTS WILLIAM P. OONEY FRANK 5. PALEN JOHN A. WEIG or COUNSEL BETSY S BURDEN ONE CLEARLAKE CENTRE 2SO SOUTH AUSTRALIAN AVENUE SUITE 600 WEST PALM BEACH. FLORIDA 33401 December 19, 2013 VIA EMAIL• bdebraal@ircgov,com William K. DeBraal Deputy County Attorney Indian River County 1801 27`" Street Vero Beach. FL 32960 Re: Indian River County vs Bethel Eminent Domain Proceedings Supplemental Attorney's Fees Dear Bill: PARALEGALS MARY T. ADOONA EMILIE PEARSON, CP W ww. C81dwenpaceit com TELEPHONE: (56I) 655-0620 TELECOPIER:(561) 655-3775 As you arc aware, counsel for Mr. Bethel has fled a Motion for the Award of Supplemental Attorney s Fees in this matter. I am writing this letter to recommend a proposed settlement concerning this issue. Background The Bethel eminent domain litigation has a lengthy history including a jury trial and appeal. The only remaining issue in the lawsuit is the landowner's pending motion for the award ofsupplemental attorney's fees. Section 73.092. Fl Stat., governs the award of attorney's fees in eminent domain proceedings. Section 73.092(1), FI. Stat , provides for an award of attorney's fees to the landowner's attorney based on the benefits obtained `Benefits" is defined in the statute as the dif'f'erence between the final judgment and the last written offer to the landowner before an attorney is hired. This award of fees is essentially a mathematical calculation and in the subject case has been paid. 148 In addition to the payment of attorney's fees based on benefits, pursuant Section 73.092(2) FI. Stat.. the condemning authority is responsible for the payment of the landowner's attorneys fees in supplemental proceedings. Supplemental proceedings typically involve an attorney s time expended in 1.)litigating the award of costs to the %arious expert witnesses retained by the landowner and/or 2.)apportionment issues involving whether the eminent domain proceeds should be paid to the property owner or, for instance, a mortgage holder or. tenant. The primary factor in awarding supplemental attorney's fees is typically the amount of time expended by the attorney. The Bethel litigation presented a number of post -trial matters that qualified as supplemental proceedings. In addition to the typical issues and negotiations pertaining to the payment of expert witness fees. the County had filed an offer of judgment in the eminent domain proceedings. The effect of the offer ofjudgment, if valid, would have resulted in the landowner being precluded from being reimbursed for any costs incurred after the date the offer of judgment was rejected. The validity of the offer of judgment was at issue in the subject case and resulted in significant attorney time. Counsel for the landowner filed a Motion to Strike the Offer of Judgment together with a Memorandum of Law in support of the same. The matter was set for hearing and shortly before the hearing, it was conceded by the County that the offer of judgment was ineffective to limit or reduce costs. In addition the attorney for the landowner was involved in extensive discussions and negotiations with the Bethel mortgage holder concerning the distribution of the eminent domain proceeds. This matter was also ultimately scheduled for hearing and settled on the day of the hearing. Pending Motion for the Award of Supplemental Attorney's Fees As noted, counsel for the landowner has filed a Motion for the Award of Supplemental Attorney's Fees He has produced time records in support of attorney's fees in the amount of approximately $33 000.00. On behalf of the County, I have retained as an attorney's fee witness, Barry Balmuth, Esq. Mr. Balmuth is an attorney with extensive experience in representing both condemning authorities and landowners in eminent domain litigation. Mr. Balmuth has reviewed the pertinent pleadings in this matter as well as the time records of Mr Bethel's attorney and is of the opinion that a reasonable attorney's fee would be $25,000.00 A copy of an opinion letter from Mr. Balmuth is attached. Based on this opinion, I have negotiated the issue with landowner s counsel and he is agreeable to settling the supplemental attorney's fees for $26 000.00. Recommendation 1 recommend settling the supplemental attorney fee issue for the amount of $26,000.00. "Best Case" scenario at an attorney s fee hearing would be the award of $25,000.00. The cost to 149 the County of proceeding to a hearing would mclude nay .time as well as thetime of the money's fee witness These costs would likely exceed any savings that might he accomplished by proceeding to a hearing. "Worst Case' at the fire hearing would be an award of $33,000 00 in lees and County would also have to bear the costs involved in the hearing. Please feel free to contact nye, ifyou .have any questions or would like additional information. WPl)istl Sincerely yours William .P. 1)or ey, Esq. 150 Barry S. Balmuth, P. A. Board Certified Specialist i CMI Trial Law and Business Litigation Law Golden Bear Plaza • 11770 U.S. Highway One, Suite 408 Cmcask North Palm Beach, Florida 33408 Telephone: (561) 242-9400 Facsimile: (561) 386-2850 E•Mail: batmuthlaw(aafum.emomedu Web site: flboardcertifiedlawyer.com December 12, 2013 Via Electronic Mail William P. Doney, Esquire Re: Review of Fee Claim of William Bethel Dear Bill: Per your request, I have reviewed the above -referenced attorney's fee claim for Indian River County. I believe some of the claim is not appropriate because it involves secretarial work which is properly considered overhead, there are improper charges for travel time given that there is competent counsel in the Vero Beach area, time is billed in quarter hour increments, and some of the time entries were excessive given the tasks described. I also considered the factors in Sections 73.092(2) as well as Section 73.092(3) of the Honda Statutes. Based on the foregoing, my opinion of a reasonable attorney's fee is S25,000. Thank you for thinking of me. Needless to say, please contact me if you have any questions. V Balmuth Board Certified Specialist S:1BBVndian River CountyABethel\Corr to W. Doney.12-12-13.wpd 1.51 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: ATTORNEY'S MATTER: 1/7/14 Office of INDIAN RIVER COUNTY ATTORNEY 136 Board of County Commissioners William K. DeBraal — Deputy County Attorn, December 30, 2013 Request to Purchase a Parcel of Property off the List of Lands Available An e-mail was distributed to all department heads regarding two properties that were recently placed on the List of Lands Available to determine whether either property may be needed for a specific purpose such as right-of-way, drainage, etc. At this time those two properties are only available for purchase by the County, and after January 27, 2014, those properties become available for purchase by both the County and the public. These properties had gone through the process of a tax deed sale, however because no successful bids were received, they were placed on the List of Lands Available. The County Attorney's Office did receive responses from all the department heads, and only the Public Works Department indicated that one of the parcels was desirous to be purchased because part of the parcel is used as a road segment, known as 86th Lane, but under private ownership, and at least 15 parcels abut this segment. The parcel is identified as Tax Parcel I.D. No. 31-39-29-00000-5000-00096.0, and the assessed owners are Daisy Lincoln, as to an undivided one-half interest; and May E. Schlingloff, the Estate of John D. Lincoln deceased, David Lincoln, Elizabeth Hughes and Elisha Anderson each as to an undivided one-tenth interest. A preliminary search of the public records on the deeds for those parcels abutting the road segment did not reveal that an ingress and egress easement to those properties exist. It is noted that the parcel has a site address of 62nd Court yet the road segment is 86th Lane — see attached map. If the County were to purchase this parcel off the List of Lands Available, the purchase price calculated through January 27 2014 is $6,137 25. If the property remains on the List of Lands Available for three years then the property would escheat to the County; the escheatment date for this parcel is October 29, 2016. The title report that was prepared for processing the tax deed sale has been reviewed to determine if there are any governmental liens that would have survived the tax deed sale, and there is none Additionally, there is no structure on the property. LVED FOR' '-- _ 1- 111 3 CC MEETING - REGULAR AGENDA ^Ct JNcTY ATTORNEY 4.0 1 Moir ,',a Appr'ved 411 Date ,��It. ,R ,a.1, Legal 6!y 1 b 1.3 Budget i " iii 0-3 Dept. • n r2""[[[ _/3 FUNDING: Funding for this purchase ($6,137.25) is available from Secondary Roads/Rights-Of-Way — Account No. 10921441-066120. RECOMMENDATION: To alleviate any future ingress and egress issues for the properties abutting the roadway segment, staff recommends that the County purchase this parcel while the opportunity strikes, and once purchased, designate that portion of the parcel as 86th Lane right-of-way, with the remainder of the property to be sold or offered to nonprofit organizations for affordable housing. If the Board agrees with staffs recommendation, please authorize the purchase of the parcel of property identified as Tax Parcel I.D. No. 31-39-29-00000-5000-00096.0 from the List of Lands Available. Additionally, once the purchase has been accomplished, staff is authorized to bring back to the Board of County Commissioners for adoption a resolution cancelling taxes on the property, and then to proceed to surplus the remainder for future sale and/or offer to nonprofit organizations for affordable housing. /nhm attachment: map 2 153 E (021 NO1XO?J8) AV Hill ' a • sate: 1 • 201 O ca w O oLL 00 9 m O 1 O tQ ID am 1 ocla c 8 0 _ N O 1 1.. en 7 M W 0 Irk 'C c D v e0 0. o O o a o H O4 IIIM sate of Aerial Image : • 154 154 County Attorney's Matters - B.C.C. 01.07.14 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County AttorneyQ-Cse DATE: December 30, 2013 SUBJECT: Options for Intervention in City of Vero Beach Electric Utilities Issues BACKGROUND. On February 1, 2011, Dr. Stephen Faherty, Sr made a presentation to the Indian River County Board of County Commissioners ("Board') on the City of Vero Beach ("City") electric utility system ("City electric system"), including the status of a case which he and Glenn Heran filed with the Florida Public Service Commission (the "PSC") in September 2009 ("Faherty/Heran PSC case"). At the end of the presentation, the Board expressed a desire to become more active in City electric system issues, particularly the issues that relate to those county residents served by the City electric system but who reside outside of the City. The Board directed the County Attorney's Office to explore alternatives that might be available, including possible intervention in the Faherty/Heran PSC case. On March 15, 2011, the County Attorney's Office presented the Board with a memorandum which outlined several strategies and alternatives that would assist those citizens in the unincorporated areas of Indian River County who are served by the City electric system. A copy of the memorandum is attached. Thereafter, the Board voted to (1) adopt a resolution stating its position on the City electric system issues; (2) give the City Council a reasonable time to work out a sale to Florida Power and Light Company ("FPL"); (3) monitor, but not intervene in the Faherty/Heran PSC case; and (4) provide a copy of the resolution to Indian River Shores, the City and the PSC. Approved for January 7, 2014 BCC Meeting County Attorney's Matters COUNTY ATTORNEY F.:l4tiorneyLinda%GENERALIB C Cl4genda MemoslUttlites (COVB-Electric Issues) 04.doc 155 Indian River Co. Approved Date Admin. a st Co. Atty. i, / .• TQ)��Budget 1j3 Dept. --999 Risk Mgmt. If --- 155 Board of County Commissioners December 30, 2013 Page Two Since that time the Board has approved the following resolutions setting forth the Board's position to support the sale of the City electric system: Resolution 2011-100, Resolution 2012-74 and Resolution 2013-007 (all of which are attached). Additionally, the Board voted on February 21, 2012, not to renew the thirty year franchise to the City to provide electric service to certain areas of Indian River County. On December 17, 2013, Dr. Stephen Faherty, Sr., made another presentation to the Board due to recent concerns that 1) the sale of the City electric system to FPL may not be finalized; and 2) the Faherty/Heran PSC case is scheduled to come out of abeyance on January 31, 2014. After the presentation, Dr. Faherty requested that the Board consider the following three options to intervene in the City electric system issue dispute 1) draft a letter to the chair of the PSC concerning removing areas from the City electric system territory, 2) intervene in the Faherty/Heran PSC case; and/or 3) file a complaint with the State Attorney or Attorney General concerning potential antitrust issues relating to the City electric system monopoly in portions of the unincorporated area of Indian River County. At the meeting, the Board directed the County Attorney's Office to examine the options of intervening in the City electric system matter. After consideration of Florida case law, as well as discussions with outside counsel, in lieu of Dr. Faherty's requests at this time it may be more appropriate for the Board to explore a new option which was not outlined in the County Attorney's Office memorandum presented to the Board in March 2011. In light of the significant change in circumstances due to the expiration of the thirty year franchise agreement with the City, the Board may wish to seek a declaratory statement from the PSC concerning the legal rights and responsibilities of Indian River County with respect to the existing territorial agreement approved by the PSC. Please note, however, that if the Board were to pursue this option, it would be separate from the Faherty/Heran PSC case. It is also important to note that since the last Board meeting, the Florida Municipal Power Agency ( `FMPA") has proposed to have a discussion of' the FPL sale at the FMPA s January 23, 2014, meeting and then a possible vote on the FPL sale at the February 19, 2014, meeting. Due to that proposed discussions and potential vote, I have been informed by Dr Faherty that City Attorney Wayne Coment and City Manager Jim 0 Connor have both agreed to support extending the abeyance of the Faherty/Heran PSC case to September 30, 2014. Dr. Faherty has also indicated that a PSC staff attorney said PSC would have no opposition to such extension. Dr. Faherty also stated that the extension is being proposed for discussion at the January 7, 2014 City Council meeting. RECOMMENDATION Based upon the recently proposed hearing dates by the FMPA, and the proposed request to continue the abeyance of the Faherty/Heran PSC case, the County Attorney's Office recommends 1) monitoring the hearings and action taken by the FMPA in January and February 2014, as such an action could make any further action by the Board moot, and 2) directing the County Attorney's Office to report back to the Board in March on the status of the City electric system issue. If the Board believes that it must undertake some action while the Faherty/Heran PSC case is in abeyance, a possible action would be to pursue a declaratory statement so that the County's legal obligations with respect to the terminated franchise agreement could be declared. F.WaoraeylLindalGENERALIB C CWge da MemoslUO ties (COVB-Elecvlc Issues) 04.doc 156 RESOLUTION 2011 - 026 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING FORTH THE BOARD'S POSITION ON CERTAIN ISSUES RELATING TO CITY OF VERO BEACH ELECTRIC SYSTEM WHEREAS, on November 3, 1981, the Florida Public Service Commission ("PSC") approved a Territorial Agreement between the City of Vero Beach ("City") and Florida Power & Light ("FPL") which established electric service areas for the City and FPL in Indian River County. Specifically the electric service area for the City was defined to include the City itself, the Town of Indian River Shores, the south barrier island, and other unincorporated areas of the County, and the service area for FPL was defined to include all other areas of the County; and WHEREAS, the demographics of Indian River County have changed significantly since approval of the Territorial Agreement. In 1981, approximately 10% of the City's customers were located outside City limits ("non-resident customers"). Today approximately 61 % of the City s customers are non-resident customers. Specifically, the City has approximately 34,000 total customers, of which approximately 21 000 are non-resident customers This percentage of non-resident customers (61%) is believed to be the highest percentage of any municipal electric system in Florida; and WHEREAS, the City's rates on average over the past ten years have been 23% higher than FPL s rates, resulting in a substantial rate disparity for County residents served by the City, compared to those served by FPL. Current residential rates per 1000 KWH, as set forth in the most recently available data, are 22 1% higher than FPL's rates. When the rate disparity is applied to all City customers (resident customers and non-resident customers), approximately $16,000,000 in additional electric charges are paid each year compared to the amount customers would pay if served by FPL Approximately $9,760,000 of this amount (61%) is paid by non-resident customers. These additional payments take substantial funds out of the private sector of the local economy and have a negative impact on economic development and recovery efforts in Indian River County, and WHEREAS, the City uses its electric system to subsidize its general fund and reduce taxes for City residents Specifically, the City transfers approximately $6 000,000 from its electric system to its general fund each year. Non-resident customers pay approximately $3,660,000 of this amount (61%), resulting in a form of "taxation without representation"; and 157 RESOLUTION NO. 2011-026 WHEREAS, non-resident customers who bear this rate and subsidy burden have no way to protect themselves or to influence City rates or subsidy practices. While resident customers protect themselves by voting in City elections, non-resident customers have no such ability. Non-resident customers are required by the 1981 PSC order to be customers of the City electric system but, having no vote in City elections, have no ability to protect themselves from rate and subsidy burdens; and WHEREAS, in 2008, the Florida Legislature recognized the unfair plight of non- resident customers by adopting Chapter 2008-227, Laws of Flonda. This statute required that a referendum be held of retail customers of any municipal electric system falling within statutory parameters to determine whether a separate utility authority should be created to operate the system Upon an affirmative vote, the municipality would be required to create a utility authority with a governing board made up proportionately of resident and non-resident customers. Although Chapter 2008-227 was introduced by Indian River County State Representative Stan Mayfield and was intended to apply to the City electric system, the City determined that the statute did not apply and never held the referendum; and WHEREAS, in 2009, two Indian River County citizens, Dr. Stephen J. Faherty, Sr. and Glenn Heran filed a petition with the PSC asking that the PSC (i) act on its own motion to redefine the territorial service areas of the City and FPL in Indian River County to better protect non-resident customers (ii) require that the City stop the practice of using its electric system to subsidize its general fund, (iii) address and mitigate the 'taxation without representation" situation that exists for the 61% of City customers who are non-resident customers, and (iv) enforce Chapter 2008-227 by requiring the City to hold the referendum and, upon affirmative vote, to create a utility authority govemed proportionately by resident and non-resident customers; and WHEREAS, the County, as well as several other taxing bodies such as the Town of Indian River Shores, the Indian River County School Board and the Indian River County Hospital District, are customers of the City electric system and as such pay higher City rates These increased costs result in higher taxes being imposed on Indian River County taxpayers; and WHEREAS, on April 4, 2011, FPL submitted a letter of intent to the City expressing its interest in purchasing the City electric system If FPL and the City are able to reach a definitive agreement, and FPL acquires the City electric system, many of the rate and subsidy issues set forth above will be resolved; and WHEREAS, given the significance of these issues, particularly as they relate to non-resident customers the Board of County Commissioners believes that it should adopt this resolution setting forth the Board's position on the issues, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: -2 158 RESOLUTION NO. 2011-026 1. Recitals. The findings set forth in the "whereas" clauses above are true and correct and are hereby adopted as the findings of the Board. 2. Position of the Board. The Board hereby adopts and publishes the following positions: a. Higher Rates. The higher rates charged by the City of Vero Beach electric system are taking substantial funds out of the hands of local residents — estimated at $16,000,000 per year, approximately $9,760,000 (61%) of which is taken from non-resident customers. These higher rates are having a negative impact on the local economy and are impeding economic development and recovery efforts. Given the apparent willingness of FPL to serve City customers these impacts are unnecessary; b. Subsidy Practice. The subsidy practice of the City of Vero Beach places an unfair burden on non-resident customers who pay approximately $3,660,000 (61%) of the $6,000,000 transferred each year from the City electric system to the City general fund. This practice amounts to "taxation without representation" for non-resident customers; c. Sale of System. On April 4, 2011, FPL submitted a letter of intent expressing its interest in purchasing the City electric system for a cash payment of up to $100 million The Board urges the City Council seriously to consider the transaction proposed in the letter of intent. To the extent the transaction impacts non-resident customers of the City electric system, the Board offers its support and assistance to FPL and the City with respect to negotiations for a definitive agreement. If a definitive agreement is reached, and if the agreement provides for FPL rates for City customers which are consistent with FPL's rates to its other customers, the Board urges the PSC to approve the agreement and include County areas now served by the City within FPL's new service area; d. Change in City Practices. If a sale of the City electric system to FPL does not occur the Board urges the City Council to (i) reduce electric rates to the lowest level possible, consistent with prudent practices, and (11) stop the subsidy practice which places an unfair burden on non-resident customers; e. PSC Case. The Board supports the positions asserted by Dr. Stephen J Faherty, Sr. and Glenn Heran in the PSC case If a sale of the City electric system to FPL does not occur, the Board urges the PSC to accept jurisdiction of the issues raised and to take appropriate action to protect non-resident customers of the City electric system from the unfair subsidy burden which they currently endure; -3- 159 RESOLUTION NO. 2011-026 f. Amend State Law. If a sale of the City electric system to FPL does not occur, the Board urges the Indian River County Legislative Delegation and the entire Florida Legislature, to amend existing state law to afford protection to non-resident customers of municipal electric systems by (i) prohibiting subsidy practices and (ii) requiring the creation of utility authorities governed proportionately by resident and non-resident customers; and g. County Action. If a sale of the City electric system to FPL does not occur, the Board serves notice that it will seriously consider (I) intervening in the Faherty/Heran PSC case to protect non-resident customers and (ii) filing a civil lawsuit to enforce Chapter 2008-227 so that a referendum can be held of City customers regarding the creation of an electric utility authority govemed proportionately by resident and non- resident customers. The foregoing resolution was moved for adoption by Commissioner O'Bryan, and the motion was seconded by Commissioner Flescher and, upon being put to a vote, the vote was, as follows: Chairman Bob Solari Vice Chairman Gary C. Wheeler Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 5th day of April, 2011. Attest: J. K. Barton, Clerk By: netav•a Oat— Deputy Clerk Approved for formasufficiency: Alan S Polad wich, Sr., County Attorney -4- INDIAN RIVER COUNTY Board of County Commissioners Bob Solari, Chairman BCC approval date: April 5, 2011 COM�%js'syy °anti' • 160 RESOLUTION NO. 2011- no A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA SETTING FORTH THE BOARD'S POSITION ON THE REFERENDUM. QUESTION SCHEDULED FOR THE NOVEMBER 8, 2011 ELECTION, RELATING TO LEASING OF THE CITY'S POWER PLANT SITE IN CONNECTION WITH THE POSSIBLE SALE OF THE CITY ELECTRIC UTILITY WHEREAS, on November 3, 1981, the Florida Public Service Commission ("PSC") approved a Territorial Agreement between the City of Vero Beach ("City') and Florida Power & Light (' FPL") which established electric service areas for the City and FPL in Indian River County. Specifically, the electric service area for the City was defined to include the City itself, the Town of Indian River Shores, the south barrier island, and other unincorporated areas of the County, and the service area for FPL was defined to include all other areas of the County; and WHEREAS, on April 4, 2011, the City received a Letter of Intent from FPL expressing an interest in purchasing the City's electric utility, such that FPL would provide electric service to the entire County; and WHEREAS, section 5.05 of the City Charter provides that the present site of the City's electric power plant "may not be sold, leased, traded, or given away by the city unless such sale, lease trade, or gift is approved by a vote of the electors of the City of Vero Beach"; and WHEREAS, pursuant to section 5 05 of the City Charter, the City Council voted to submit the following question for referendum at the November 8 2011 election: "Referendum on Lease of City Power Plant Site Do you approve of the lease of the City of Vero Beach power plant site north of the 17th Street Bridge, west of the Indian River, and east of Indian River Boulevard, with. the City retaining ownership of the landfor the purpose of selling the City electric utility if the City Council finds that such sale is beneficial to the citizens of Vero Beach? Yes, for approval No, for rejection"; and WHEREAS, the Board of County Commissioners is interested in the referendum question, as the elected representative of a significant number of customers of the City's electric utility, and as a substantial customer itself of the City's electric utility; and WHEREAS, under the circumstances, it is appropriate for the Board of County Commissioners to express its view on the referendum question, 1 161 RESOLUTION NO. 2011- 100 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER. COUNTY, FLORIDA THAT: 1. Position of the Board. The Board of County Commissioners hereby adopts andpublishes the following position on the referendum question being submitted to City electors at the November 8, 2011 election: a. The Board finds that a sale of the City's electric utility, on reasonable and appropriate terms, will benefit all residents of Indian River County, and will positively impact economic recovery and development in Indian River County, and b. Accordingly, the Board supports a "Yes, for approval" vote on the aforesaid referendum question to encourage further negotiations relating to the possible sale of the City's electric utility. The foregoing resolution was moved for adoption by Commissioner Flescher , and motion was seconded by Commissioner Davis and, upon being put to a vote, the vote was, as follows: Chairman Bob Solari Ave Vice Chairman Gary C. Wheeler Ave Commissioner Wesley S. Davis Aye Commissioner Joseph E Flescher Aye Commissioner Peter D. 0 Bryan Aye The Chairman thereupon declared the resolution duly passed and adopted this 18.. day of October, 2011 ATTEST: Jeffre Barton, Cler jif Court Deputy Clerk Approved as to form and legal sufficiency. By: Alae%...t?olackwich, Sr., County Attorney 2 INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By: a-IC:24—SL: Bob Solari, Chairman BCC approval date: October 18, 2011 aik MP rc: ..tra #' .• i • 1 $ •. 44 162 RESOLUTION NO. 2012- 074 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ()F INDIAN RIVER COUNTY, FLORIDA, EXPRESSING ITS SUPPORT FOR THE SALL OF THE CITY OF VERO BEACH ELECTRIC UTILITY TO FLORIDA POWER & LIGHT WHEREAS, on November 3, 1981, the Florida Public Service Commission approved a Territorial Agreement between the City of Vero Beach ( City") and Florida Power & Light ("FPL") which established electric service areas foi the City and FPL in Indian River County Specifically, the electric service area for the City was defined to include the City itself, the Town of Indian River Shores, the south barrier island, and other unincorporated areas of the County, and the service area for FPL was defined to include all other areas of the County; and WHEREAS, on April 4, 2011, the City received a Letter of Intent from FPL expressing an interest in purchasing the City's electric utility, such that FPL would provide electric service in the entire County, and WHEREAS, on April 5, 2011, the Board of County Commissioners adopted Resolution 2011-026 which urged the City Council to seriously consider the Letter of Intent, andoffered the County's support and assistance to the City and FPL with respect to negotiations for a definitive agreement; and WHEREAS, on November 8, 2011 over 65% of City voters approved a referendum to lease the City power plant inconnection with the sale of the City's electric utility to FPL if the City Council finds that such sale is beneficial to the citizens of Vero Beach; and WHEREAS, (1) on August 16, 2012, FPL presented a `Final Term Sheet" among the City, FPL and the Oilando Utilities. Commission (` OUC") confirming each party's interest in negotiating definitive agreements for a sale transaction consistent with the general terms set forth therein, and (2) on August 28, 2012, FPL presented a Memorandum of Understanding among the City, FPL and OUC in which each party agreed to negotiate in good faithto resolve certain challenges to a sale transaction which exist by reason of pre-existing agreements between the City and OUC and the City and the Florida Municipal Power Agency; and WHEREAS, it is evident from the above that the City Council and City staff have worked and continue to work diligently and prudently in pursuing the sale of the electric utility to FPL and deserve recognition for this effoit from the Board of County Commissioners and all residents and businesses of Indian River County; and WHEREAS, it is also evident that completion of the proposed sale will result in substantial benefits to the residents and businesses of Indian River County including, without limitation, (1) substantial rate savings in excess of $20 million per yeas, which will boost economic activity, recovery and development throughout the County, and (2) future reliable service from FPL, which has consistently been one of the most efficient and well run, and lowest cost providers of electricity in the state of Florida; and Page 1 of 3 163 RESOLUTION NO. 2012- 074 WHEREAS, as the elected representative of all 33,000 customers of the City's electric utility, and all 138,000 residents of the County, and consistent with all prior positions of the Board ielating to the issue, the Board of County Commissioners continues to believe that the sale of the City's electric utility to FPL is in the best interests of the residents and businesses of Indian River County, and is in furtherance of the Board's policy of limiting the size, scope and spending profile of government, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. Position of the Board. The Board of County Commissioners hereby incorporates the statements set forth in each of the "Whereas" clauses above as the findings of the Board, and further adopts and publishes the following position with respect to the sale of the City of Vero Beach electric utility to FPL: a. The Board finds that the City Council and City staff have worked and continue to work diligently and prudently in pursuing the sale of the electric utility, and, on behalf of all residents of Indian River County, the Boardexpresses its appreciation and gratitude to the City Council and City staff foi their efforts, b. The Board further finds that the sale of the City's electric utility to FPL will benefit all residents and businesses of Indian River County, and will positively impact economic activity, recovery and development in Indian River County, all as set forth more fully in the findings above, and c. Accordingly, the Board supports the sale of the City's electric utility to FPL in accordance with the general terms set forth m the Final Term Sheet and the Memorandum of Understanding, and continues to offer its support and assistance to the City and FPL with respect to completion of their negotiations for a definitive sale agreement. The foregoing resolution was moved for adoption by Commissioner Davis , and motion was seconded by Commissioner Solari and, upon being put to a vote, the vote was, as follows: Chairman Gary C. Wheeler Aye Vice Chairman Peter D. O'Bryan Aye Commissioner Wesley S Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Bob Solari Aye Page 2 of 3 164 RESOLUTION NO. 2012- 074 ATTEST: Jeffrey R Smith, Clerk of Cjirt a d Co ptroller By Deputy Clerk BOARD OF COUNTY. COMMISSIONERS O 1? INDIAN RIVER COUNTY, FLORIDA B y:,qf�c_ &%m Gary C feeler, Chairman B CC adoption date: 09-11-1 17 Approved as to form and legal su"enc tip 411?)1!ER �•kY B y: Can S. Pola ich, Sr. ounty Attorney Page 3 of 3 165 Attorney's Matters - B.C.C. 03.15.11 Office of INDIAN RIVER COUNTY ATTORNEY Alan S. Polackwich, Sr., County Attorney William K DeBraal, Deputy County Attorney Melissa P. Anderson, Assistant County Attorney TO: FROM: DATE: SUBJECT: MEMORANDUM • Board of County Commissioners Alan S. Polackwich, Sr., County Attorney March 7, 2011 Indian River County/City of Vero Beach Electric Issues • On February 1, 2011, Dr. Stephen Faherty, Sr. made . a presentation to the Board of County Commissioners on the City of Vero Beach electric system, including the status of a case which he and Glenn Heran filed in September 2009 with the Florida Public Service Commission ("PSC"). At the end of the presentation, the Board expressed a desire to become more active in City electric issues, particularly as the issues relate to county residents served by the City system, but residing outside city limits ("non- resident customers"). The Board directed the County Attorney to explore alternatives that might be available to the Board, including possible intervention in the Faherty/Heran PSC case. BACKGROUND. • The City and Florida Power and Light ("FPL") both provide electnc -service to the residents of Indian River County. The rate disparity between the two providers has led to much local controversy While City rates are better than the average in Florida, FPL rates are approximately 25% less than City rates. APPROVED FOR MARCH 15, 2011 B.C.C. MEETING -A Y'S MATTERS COU ec.= ATTORNEY FM,n, gw„,AAon ERADSC°Arad MenAIRccove Mak Iswvr$doc 140 Indian River Co. Ap',-•ved Date Admin. f!F 31D 11 3.5. Co. Atty. 1 . i( Budget Dept. Nam 'a Risk Mgmt. --- 140 • Board of County Commissioners March 7, 2011 Page Two • The territorial service areas' of the two providers, and County's relationship with the providers, are defined by three the fundamental documents: (1). the 1981 order of the PSC approving a territorial agreement between the City and FPL. This order and the underlying agreement provide that (a) the City shall serve an area consisting of the City itself, and certain areas outside the City, including the Town of Indian River Shores, the south barner island and other unincorporated parts of the County, and (b) FPL shall serve all other areas of the County, (2) IRC Resolution 87-12, in which the County granted a 30 year franchise to the City to provide electric service within the City's territory as defined in the 1981 PSC order. This franchise was accepted by the City on March 5, 1987 and the franchise resolution, similar to the water and sewer franchise resolutions, contains a five year notice provision for intent to renew, and (3) IRC Code, Chapter 312, Part II, adopted in June 2007, in which the County granted a 30 year franchise to FPL to provide electric service within FPL's territory as defined in the 1981 PSC order It is important to note that while the County franchises include territorial service areas, those franchises follow the PSC order, because ultimately it is the PSC and not the County which defines electric utility territorial service areas. In 2008, then State Representative Stan Mayfield introduced legislation requiring that any municipal electnc utility falling within certain parameters must hold a referendum of its retail customers on the following question: "Should a separate electric authority be created to operate the business of the electric utility in the affected municipalelectric utility?" If a majority voted "yes' then an electric utility authority would be created with a governing board proportionately representing the number of ratepayers located. inside and outside of the municipahty. The' parameters of the legislation were designed specifically to include the City of Vero Beach. However, the City made a determination that it did not fall within the parameters of the legislation and never held the referendum. In 2010, City voters elected four new City Council members who were viewed as more favorably inclined to consider changes in the City's electric system, including a possible sale of the system to FPL. These four new members joined the single "carryover" member who had expressed many of the same views. The City Council has in fact engaged in discussions with. FPL about a .possible sale, and itis anticipated that FPL will decide whether to present a purchase offer by early summer 2011. DISCUSSION AND. ANALYSIS. If the Board of County Commissioners wants to become more involved in City electric issues, there are several alternatives open to the Board, which are distinguished from each other by the level of involvement and aggression the Board wants to take. Those alternatives include: 1. Intervention in the Faherty/Heran PSC Case. The PSC has limited jurisdiction over municipal electnc utilities, compared to its more extensive jurisdiction over private, investor owned utihties like FPL. With respect to private electric utilities the PSC has jurisdiction to regulate and supervise virtually every aspect of rates and service. With respect to municipal electric utilities, however, its jurisdiction is limited to specifically enumerated matters, such as prescribing a rate structure (but not F.Muume MIr4ACENERAQB C Oftent MeaoNRC-COVl Wenrk lnues$.dcc 141 167 Board of County Commissioners March 7, 2011 Page Three • regulating rates), approving territorial agreements and resolving territorial disputes. This limited jurisdiction could impact the outcome of the Faherty/Heran case In their petition, Dr. Faherty and Mr. Heran asked the PSC to take several steps: (1) to act, on its own motion, to determine that a territorial dispute exists with respect to the City and FPL temtorial service areas, and ultimately to enter a new PSC order redefining the territonal service areas in a manner more favorable to non-resident customers; (2) to require that City rates be changed to eliminate or reduce the "subsidy" that is transferred from the City electric utility to the City general fund; (3) to address and mitigate the "taxation without representation" situation that exists for the 61% of City customers who are non-residents; and (4) to enforce the 2008 Mayfield legislation by requiring the City to hold a referendum and possibly create, autility authority, depending on the outcome of the referendum. The County Attorney's view of the Faherty/Heran petition is that they face an uphill battle because they are asking the PSC to take steps which the PSC has not previously taken and because, given the PSC's limited jurisdiction over municipal electric utilities, there is•a question whether the PSC has jurisdiction over some of the issues raised — but the battle is. not hopeless. The Faherty/Heran petition raises the fundamental issue of whether the PSC should protect, or the legislature should change the law to protect, non-resident customers of municipal electric utilities. Customers living inside city limits can protect themselves by voting in city elections, but customers living outside city limits have no protection — which becomes a serious issue when a city uses its utility to subsidize its general fund and thereby reduce taxes for city residents. Fundamental fairness would seem to require some level of protection for these non- resident customers. Thus, whether or not the PSC has jurisdiction, it may be motivated to find a way to protect non-resident customers* or, it may use the Faherty/Heran case as a platform to develop a factual record on the issue, and use the factual record to request that the legislature change the law to protect non- resident customers; or, of course, the PSC could conclude that it has no jurisdiction over the issues and do nothing. However the case develops, the battle will not be without its opponents, because there are other cities in Florida who are subsidizing their general fund just like the City of Vero Beach, and these cities are represented by powerful trade groups, all of whom will oppose any steps by the PSC or the legislature to prohibit the subsidy practice.. If the County intervenes in the Faherty/Heran case, substantial work and expense may be required. In theory, the County can intervene for the simple purpose of staying informed of developments in the case However, realities may force the County to become far more involved. Dr. Faherty and Mr. Heran are not attorneys and they do not have attorneys representing them in the proceeding. Thus if the County intervenes, it is likely that the County's outside utility attorney (hired in September 2010) will end up doing most of the legal work Mso, the political reality is that once the County is in the case non-resident customers of the City system may not be satisfied with anything less than a full effort. The County's outside utility attorney has estimated that a full evidentiary case before the PSC could cost the County up to $200,000 Thus, intervention with less than a full effort may notbe possible, and intervention with a full effort will be expensive FMnwxyWn&AGENFFADIt CC%4gadaMIeaAOf^t-C Y$ (Death Ins)der 142 168 • Board of County Commissioners March 7, 2011 Page Four As an alternative, the County could opt to closely monitor the PSC case for now, and intervene only if it becomes necessary. Under PSC guidelines, even if the County does not intervene, it is allowed to attend public meetings and most hearings, and even present arguments in favor of the County's position; This would give the County a less expensive, short term ability to follow the proceedings, and possibly even • present the County's position, without a substantial commitment of effort and funds. 2. Adoption of a Resolution Expressing the Board's Position. The Board could adopt a resolution setting forth the Board's position on the City electric issues. The resolution could be filed with the PSC, and Dr. Faherty and Mr. Heran. could use it in support of their case. Also, the resolution could be sent to FPL to encourage FPL to make a purchase offer. In short the resolution could be used to publish the Board's position on these important issues, without committing the County to a significant expenditure of funds. 3. Survey of City Customers. The Board, hopefully with assistance from the City, could conduct a survey of City electric customers to determine whether they want to be served by the City or FPL Several factors impact the use of the survey results: (1) they would not be evidence in the PSC proceeding. Like the resolution, they could be sent to the PSC and Dr. Faherty and Mr. Heron could attempt to use them in support of their case — but the PSC could not base any decision on the survey results (2) the exact wording of survey questions could impact the usefulness of the results. The results of survey questions which are not carefully and skillfully prepared could be subject to impeachment from those not agreeing with the results, and (3) the results would only be useful as long as the circumstances existing at the time of the survey do not change. For example, if City rates decreased or FPL rates increased after the survey, the results may no longer be relevant. Despite these limitations, the survey could still be helpful for limited purposes before the PSC and in informing the Board and the City Council of the desires of its constituents. 4. Local Political Solution. The City Council is entirely new and has expressed an interest in exploring a sale to FPL. If a sale occurs, it is likely that the electric issues will be resolved. One or more members of the City Council have also floated the idea of retracting the territorial service area of the utility to City limits, which would alsoresolve the issues as they apply non-resident customers. The bottom line is that the Board could attempt to work with the City Council to reach a local political solution which protects non-resident customers. 5. Political Solution at the State Level It is arguable that the current issues exist because state law provides mimmal regulation over municipal electric utilities Changes in state law which grant to the PSC some level of authority over municipal electric rates, or which provide protection to non- resident customers could resolve the issues. Thus, the County could work with the legislative delegation, and possibly with lobbyists, to introduce and pursue legislative changes. The political battle would be intense, however, as municipal electric utilities and trade groups would oppose such changes. MAnonuefiaishAGFNERAL'B C LMp.deMeewVRC-COMB aElecnk lurn}da 143 169 Board of County Commissioners March 7, 2011 Page Five • 6. Lawsuit to Enforce the 2008 Mayfield Legislation which Required a Referendum. The 2008 legislation was designed specifically to apply to the City of Vero Beach. The City nevertheless determined that the legislation did not apply and never held the referendum. Dr. Faherty and Mr Heran are challenging this determination in their PSC case however, it is unclear whether the PSC has jurisdiction to enforce the legislation. A clearer path to enforcement might be a lawsuit in the local circuit court asking the court to determine that the legislation does apply and to order that the referendum be held If the referendum is held and a majority vote in favor of a utility authority, an authority would be created to operate the City system and non-resident customers would be represented on the governing board of the authority. . 7. Termination of the City's 1987 Franchise. As stated, the County granted a 30 year franchise to the City in 1987. The County could send notice of intent not to renew the franchise. prior to March 5, 2012. However, this will not resolve the electric issues because ultimately it is the PSC and not the County which defines electric utility territorial service areas: Thus, even if the County elected not to renew the franchise, it is likely that the City would still have a right to serve the area under the 1981 PSC order. COUNTY ATTORNEY'S OPINION. It is the County Attorney's opinion that the Board should adopt the followmg course of action: (1) adopt a resolution expressing support for the positions taken by Dr. Faherty and Mr.. Heran in the PSC case, expressing support for a purchase of the City electric system by FPL upon terms that are fair and reasonable, and addressing other issues as the Board deems appropriate; (2) give the City Council and FPL a reasonable amount of time — perhaps to midsunnmer - to pursue a sale of the utility City residents have elected an entirely new City Council. The new council. has expressed a strong desire to explore sale alternatives. Best estimates are that FPL will make a decision on whether to present an offer within the next three months or so Under these circumstances, the City Council should be given an opportunity, without aggressive pressure from the County, to complete the process and possibly negotiate a sale to FPL; • (3) monitor but not intervene in, the Faherty/Heran PSC case, unless it appears that a sale to FPL will not occur. If the County intervenes in the PSC case, the County Attorney believes that a full effort will become inevitable, with resulting significant expense. The County Attorney does not recommend extensive proceedings before the PSC, funded by taxpayer money on both sides, while the prospect of a sale to FPL is still possible. In fact, the County Attorney believes that it might be appropnate for Dr. Faherty and Mr Heran to ask the PSC to delay their case several more months, until FPL and the City are able to explore sale possibilities; F.WwrostLbdo.COMERAAB COA,eodoMemaNRC-COVB (Electric rsmes}doe 144 170 Board of County Commissioners March 7, 2011 Page Six (4) decide whether to pursue a carefully worded survey, including whether to conduct such a survey now or later only after it appears that a sale to FPL will not occur The County Attorney has no strong opinion on the timing issue If the County pursues a survey now, the City Council might view it as interference in the sale process. On the other hand, the results of the survey could be helpful to the City Council in deciding whether to sell the utility. If the BCC decides to pursue a survey, the process might start with a formal request to the City to cooperate in conducting such a survey, possibly through a bill stuffer, as the least expensive method; and • (5) if a sale does not occur, and if the City will not agree to changes in its electric system which better protect non-resident customers then the County should consider an aggressive pursuit of all of the remaining alternatives listed above, including intervention in• the PSC case, pursuit of a political solution at the state level and filing a lawsuit to enforce the 2008 Mayfield legislation. In short, the County Attorney's recommendation is based on two underlying notions: FPL will decide whether to make an offer within a relatively short period of time, estimated to be three months or so, and the City Council, elected with a clear mandate to seriously consider a sale, should be given an opportunity to do so. Only if it appears that a sale will not occur and that the rate and subsidy burden will continue to be imposed on non-resident customers, should the County pursue aggressive alternatives. RECOMMENDATION. The County Attorney recommends that the Board (1) adopt a resolution stating its position on the electric issues, (2) give the City Council a reasonable time to work out a sale to FPL, (3) monitor, but not intervene in, the Faherty/Heran PSC case for now, (4) make a decision on the survey issue, and (5) aggressively pursue all remaining alternatives, if it appears that a sale to FPL will not occur and the City refuses to change current practices which place a rate and subsidy burden on non-resident customers. ASP:LAC • • F.NtwneyAlwd r-4ERd2B COApendaMewoNRGCOVB (Electric Gas} doe 145 171 RESOLUTION NO. 2013- no7 ADDITIONAL BACK-UP JANUARY 7, 2014 AGENDA ITEM: 13C A RESOLUTION OF THE BOARD 01? COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, STATING ITS POSITION ON THE REFERENDUM QUESTION RELATING TO THE SALE OF THE CITY OF VERO BEACH ELECTRIC UTILITY TO FLORIDA POWER & LIGHT COMPANY, TO BE SUBMITTED TO THE VOTERS OF THE CITY OF VERO BEACH ON MARCH 12, 2013 WHEREAS, on November 3, 1981, the Florida Public Service Commissionapproved a Territorial Agreement between the City of Vero Beach (the `City") and Florida Power & Light "FPL") which establishedelectric service areas for the City and FPL in Indian River County. Specifically, the electric service area for the City was defined to include the City itself, the Town of Indian River Shores, the south barrier island, and other unincorporated areas of the County, and the service area for FPL was defined to include all other areas of the County; and WHEREAS, since 2010,.the City and FPL have .been engaged in discussions relating to the sale of the City's electric utility to FPL; and WHEREAS, the Board of County Commissioners, as the elected representative of all residents of Indian River County, including, those customers of the City's electric utility whose residence or business is located outside of the City limits, has • consistently supported the sale of the City's electric utility to FPL, having previously adopted supporting resolutions on three prior occasions; and WHEREAS, at a referendum held on November 8 2011, over 65% of City voters voted `Yes, for anprovaf' for the leasing of the City power plant to FPL in connection with the sale of the City's electric utility to FPL, if the City Council finds that such sale is beneficial to the citizens of Vero Beach; and WHEREAS on January 8, 201.3, the City Council adopted Ordinance 2013-01 calling fora second: referendum relating. to the sale of the electric utility to FPL, to be held on March 12, 2013, submitting the following question to the voters of the City of Vero Beach: "Do you approve of thesale and disposition of the City of Vero Beach electric utility and substantially all of its assets for the purpose of exiting the electric utility business under terms substantially similar to the asset purchase andsale agreement between the City and Florida Power & Light Company? Yes,for approval No, for rejection" WHEREAS, it is clear that the sale of the City's electric utility to FPL will result in substantial benefits to the residents and businesses of Indian River County, including, (1) substantial rate savings (in excess of $20 million per year) which will boost economic activity, Page 1 of 3 RESOLUTION NO. 2013-0 007 economic recovery and economic development throughout the County, (2) future reliable electric service from FPL, which has consistently been one of the most efficient and well run, and lowest cost, providers of electricity in the state of Florida, .and (3) a reduction in the size, scope and spending profile of local government in Indian River County; and WHEREAS, as the elected representative of all residents of Indian River County, it is appropriate for the .Board of County Commissioners to state its position on the aforesaid referendum question, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. Findings and Position of the Board. The Board of County Commissioners hereby makesthe following findings, and adopts and publishes the following position with respect to the referendum question relating to the sale of the City of Vero Beach electric utility to FPL: a. The Board finds that the sale of the City's electric utility to FPL will result in substantial rate savings to the residents and businesses of Indian River County (inexcess of $20 million. per :year), which savings will boost economic activity, economic recovery and economic development throughout the County; b. The Board finds that the sale of the City's electric utility to FPL will result in future reliable service throughout Indian River County from FPL, which has consistently been one of the most efficient and well run, and lowest cost, providers of electricity in the state of Florida; c. The Board finds that the sale of the City's electric utility to FPL will result in a reduction in the size, scope and spending profile of local government in Indian River; and d. On the basis of the above findings, the Board determines that the sale of the City's electric utility to FPL will benefit all residents and businesses of Indian River County, and supports a Yes for approval vote on the referendum question to be submitted on March 12, 2013. The foregoing resolution was moved for adoption by Commissioner solar' , and motion was seconded by Commissioner Fiescher and, upon being put to a vote, the vote was, as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S Davis Commissioner Peter D. 0 Bryan Commissioner BobSolari Commissioner Tim Zorc Aye A Aye Ave Page 2 of 3 RESOLUTION NO. 2013-01. ATTEST: Jeffrey R. Smith, Clerk o and P : mptrol eputy BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA man h E. Fiescher, Chairman an S. Poiekvich, Sr. ty Attorney ADDITIONAL BACK-UP JANUARY 7, 2014 AGENDA ITEM: 13C RESOLUTION NO. 2013- nn7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,.. STATING ITS POSITION ON THE REFERENDUM QUESTION RELATING TO THE SALE OF THE CITY OF VERO BEACH ELECTRIC UTILITY TO FLORIDA POWER & LIGHT COMPANY, TO BE SUBMITTED TO THE VOTERS OF THE CITY OF VERO BEACH ON MARCH 12, 2013 WHEREAS, on November 3, 1981, the Florida Public Service Commission approved a Territorial Agreement between the City of Vero Beach (the "City") and Florida Power.& Light ( `FPL") which established electric service areas for the City and FPL in Indian River County Specifically, the electric service area for the City was defined to include the City itself, the Town of Indian River Shores, the south barrier island, and other unincorporated areas of the County, and the service area for FPL was defined to include all other areas of the County; and WHEREAS, since 2010, the City and FPL have been engaged in discussions relating to the sale of the City's electric utility to FPL; and • WHEREAS, the Board of County Commissioners, as the elected representative of all residents of Indian River County, including, those customers of' the City's electric utility whose residence or business is located outside of the City limits, has consistently supported the sale of the City's electric utility to FPL, having previously adopted supporting resolutions on three prior occasions; and • WHEREAS, at a referendum held on November 8 2011, over 65% of City voters voted "Yes, for annroval" for the leasing of the City power plant to FPL in connection with the sale of the City's electric utility to FPL, if the City Council finds that such sale is beneficial to the citizens of Vero Beach; and WHEREAS, on January 8, 2013, the City Council adopted Ordinance 2013-01 calling for a second referendum relating to the sale of the electric utility to FPL, to be held on March 12, 2013, submitting the following question to the voters of the City of Vero Beach: "Do you approve of the sale and disposition of the City of Vero Beach electric utility and substantially all of its assets for the purpose of exiting the electric utility business under teams substantially similar to the asset purchase and sale agreement between the City and Flonda Power & Light Company? • Yes, for approval No, for rejection" WHEREAS, it is clear that the sale of the City's electric utility to FPL will result in substantial benefits to the residents and businesses of Indian River County, including, (1) substantial rate savings (in excess of $20 million per year), which will boost economic activity, Page 1 of 3 RESOLUTION NO. 2013- 007 economic recovery and economic development throughout the County, (2) future reliable electric service from FPL, which has consistently been one of the most efficient and well run, and lowest cost, providers of electricity in the state of Flonda, and (3) a reduction in the size, scope and spending profile of local government in Indian River County, and WHEREAS, as the elected representative of all residents of Indian River County, it is appropriate for the Board of County Commissioners to state its position on the aforesaid referendum question, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. Findings and Position of the Board. The Board of County Commissioners hereby makes the following findings, and adopts and publishes the following position with respect to the referendum question relating to the sale of the City of Vero Beach electric utility to FPL: a. The Board finds that the sale of the City's electric utility to FPL will result in substantial rate savings to the residents and businesses of Indian River County (in excess of $20 million per year) which savings will boost economic activity, economic recovery and economic development throughout the County; b The Board finds that the sale of the City's electric utility to FPL will result in future reliable service throughout Indian River County from FPL, which has consistently been one of the most efficient and well run, and lowest cost, providers of electricity in the state of Florida; c. The Board finds that the sale of the City's electric utility to FPL will result in a reduction in the size, scope and spending profile of local government in Indian River; and d. On the basis of the above findings, the Board determines that the sale of the City's electric utility to FPL will benefit all residents and businesses of Indian River County, and supports a Yes, for annroval vote on the referendum question to be submitted on March 12, 2013. The foregoing resolution was moved for adoption by Commissioner solari , and motion was seconded by Commissioner Flescher and, upon being put to a vote, the vote was, as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc Aye dye Aye Ave Page 2 of 3 /7/ RESOLUTION NO. 2013-007 ATTEST: Jeffrey R. Smith, Clerk o ," ourt and F eputy er BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By h E. Flescher, Chairman aot : BCC adoption date: 02-05-13 i40. ; Approved as to form and legal suffici an S. Polh, Sr. ty Attorney • /71 3 Page 3 of 3 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: County Attorney's Matters - B.C.C. 01.07.14 Office of INDIAN RIVER COUNTY ATTORNEY 13b MEMORANDUM Board of County Commissioners Dylan Reingold, County Attorney December 27, 2013 SUBJECT: Request for renaming of Seven50 BACKGROUND On December 17, 2013, the Board of County Commissioners voted to authorize the County Attorney's Office to draft a resolution requesting that the name of Seven50 be amended accurately reflect the number of counties that remain involved in the process. Pursuant to that authorization, the County Attorney's Office has drafted the enclosed resolution. The resolution requests that the Clerk of the Board of Indian River County provide a copy to the Chair of the Seven50 Executive Committee and to the executive directors of the Treasure Coast Regional Planning Council and the South Florida Regional Planning Council. The resolution also requests that this matter be placed on the agenda for a vote at the Treasure Coast Regional Planning Council meeting in March. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote whether to accept the resolution as drafted or amend the resolution. Approved for January 7, 2014 BCC Meeting County Attorney's Matters DTR:LAC COUNTY ATTORNEY C:IDocumenta and SeaingaldreingoldU.ocat SettingalTemparary Internet FitealContent.OutlookV9ADMD581Seven50 (2).doc 172 Indian River Co. App ved Date Admin. y /ia /9 Co. Atty. 0 {' . g Budget ( ' , Department Risk Management --- --- 172 RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REQUESTING ALL SEVEN50 DOCUMENTS ACCURATELY REFLECT THE NUMBER OF COUNTIES PARTICIPATING IN THE PROCESS; DRIECTING THE CLERK TO THE BOARD TO MAIL COPIES OF THIS RESOLUTION; AND REQUESTING A VOTE BY THE TREASURE COAST REGIONAL PLANNING COUNCIL. WHEREAS, among the core values of the Board of County Commissioners (the ` Board") of Indian River County are representative democracy, fiscal responsibility, local decision making, limited government and Liberty; and WHEREAS, the Seven50 plan is based not on the core values of Indian River County, but on HUD's Six Livability Principles; and • WHEREAS, the Board of Indian River County believes that any plan for Indian River County should take its direction from the citizens of Indian River County, and not from an unelected bureaucracy in Washington D C ; and WHEREAS, the Seven50 plan undermines representative democracy and local decision making by calling for unelected regional boards that "transcend geographic boundaries and local political considerations", and WHEREAS, the Seven50 plan ignores economic reality and fiscal responsibility by calling for multiple subsidies and this Board recognizes that neither a county nor a region can subsidize its way to prosperity; and WHEREAS, the Board of Indian River County recognizes that the way to foster local decision making is to support home rule and keep decision making m the communities affected by the decisions and away from unelected bureaucracies be they m Stuart, Miami or Washington, D.C.; and WHEREAS, the only way for Liberty to prosper is to keep and maintain a limited government, close to the people, and to avoid the creation of' bureaucracies, which are not representative of the people, and WHEREAS, the people of Indian River County in a great example of self-government, have made clear to their elected representatives that the Seven50 plan is not consistent with their views of Liberty and limited government, and WHEREAS, Seven50 is supposed to stand for "seven counties, 50 years", it is now a misrepresentation of facts given that three counties have withdrawn from the process and ignores OlDoca venae and Sendngeldeingo/dlfned Seaingilren porn y Internet FikrlCoroau.AnlonlN9A➢MDSASeven50 (3).doe Page 1 of 2 173 RESOLUTION NO. 2014 - the decisions of the regions elected representatives elected by the citizens of their Counties, have voted to withdraw from Seven50. Section 1. The Board of Indian River County requests that the Seven50 bureaucracy change the name of' the resource document and any future documents to accurately reflect the number of Counties that are still participating in the process. Section 2. The Board of Indian River County directs the Clerk of the Board of Indian River County to mail a certified copy of this resolution to Samuel Ferreri, the Chair of the Executive Committee of Seven50, to Michael Busha, the Executive Director of the Treasure Coast Regional Planning Council and to James Murley, the Executive Director of the South Flonda Regional Planning Council. Section 3. The Board respectfully requests that this matter be placed on the agenda for a vote at the March 21m Treasure Coast Regional Planning Council meeting. 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 Peter D O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2014. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY, FLORIDA By By. Deputy Clerk Peter D. O'Bryan, Chairman BCC approval date: January , 2014 Approved as to form and legal sufficiency: By C:IDoc.nrnis and Ssttingtl&vingoldV dSntingsfl'em o ory Minn! FiIn Conero.AillookV9ADAfDSBISevn f0 (3).doc Dylan Reingold, County Attorney Page 2 of 2 174 BCC AGENDA January 7, 2014 ITEM 14.D(1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO• Members of the Board of County Commissioners DATE December 30, 2013 SUBJECT: Save the Indian River Lagoon Estuary Now, Inc FROM: Commissioner Bob Solari I have some concerns regarding the Save the Indian River Lagoon Estuary Now, Inc. group reportedly "spearheaded" by Commissioner Zorc, especially as it has been reported that the group will be presenting an action plan to the BCC. With the Board approval, I would like to get an opinion from our County Attorney specifically addressing any sunshine concerns, dealing with a committee created outside of the sunshine, making recommendations to the BCC Additionally, I would like the attorney to address any other ethical issues related to the committee including his opinion related to any appearance of impropriety, especially as this committee was possibly established after the last elections and deals with an issue addressed during the campaign. Thank you. 175 Date: To: INDIAN RIVER COUNTY. SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM December 18, 2013 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 1:1.111 Subject: Amendment No. 1 to Work Order No. 7 to Geosyntec for FDEP Related Consulting Services at the Former South Gifford Road Landfill DESCRIPTIONS AND CONDITIONS: On June 18, 2013, the Solid Waste Disposal District (SWDD) Board approved Work Order No 7 to Geosyntec to provide two semi-annual groundwater monitoring/reporting events and related consulting services for the Former Gifford Road Landfill in compliance with FDEP requirements for a period of one year not to exceed fee of $105,126. The July 2013 semi-annual monitoring report was submitted by Geosyntec on August 28, 2013 to the FDEP. The FDEP responded on September 27, 2013 and has required maintenance of the monitoring network, including rehabilitation, reinstallation, and professional land surveying of several monitoring wells. As approved by FDEP, operation of the Interim Pump & Treat (IP&T) system was discontinued in June 2008; however, treatment system components, including piping, air stripper, and liquid -phase granular activated carbon (GAC) vessels remain at the site. This system is no longer being utilized and with future consideration for the -redevelopment of the site, staff is requesting that preliminary efforts to characterize and dispose the GAC vessels, be made to start in the decommissioning of this system. In addition, portions of the dissolved plume north of the former source area extend past the site boundary necessitating the establishment of a temporary point of compliance (TPOC). Additional coordination is needed with the Florida Department of Health (DOH) to ensure that the safety of the nearby private drinking water wells is established prior to issuing the notices to nearby residents. ANALYSIS: Geosyntec has provided the attached Amendment No. 1 to Work Order No. 7 to provide the additional required services. Phase 1 includes project management and on-going technical support. Phase 2 includes the maintenance of the plume network approved by the FDEP, characterizing the drummed investigative derived waste and the GAC vessels staged at the site for proper removal and disposal. Further details of the scope of work is included in .the attached work order. Any material deemed non -hazardous waste will be transported for disposal in the Indian SWDD Agenda - Geosyntec Amendment No 1 to WO No 7 Page 1 of 2 176 River County Class 1 landfill; however, the disposal fees will be covered separately by SWDD. The total not to exceed fee for this work is $22,974 which would bring the total Work Order No. 7 to $128,100. Overall, the field activities are anticipated to require oversight by Geosyntec personnel for a total of four days on site. The drilling subcontractor will be on-site for two days. FUNDING: Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County. ACCOUNT NO.: Description Former Gifford Road Landfill 31521734-033490-030041 $22,974 Account Number Amount RECOMMENDATION: SWDD staff recommends that its Board: a) Approve Amendment No. 1 to Work Order No. 7 authorizing Geosyntec to provide additional consulting services in the amount of $22,974. b) Authorizes the Chairman to sign the same. c) Authorize the approval to utilize the project account funding for disposal of non -hazardous waste into the Indian River County landfill. ATTACHMENT(s): 1. Geosyntec Amendment No. 1 to Work Order No. 7 APPROVED FOR AGENDA: B A. Baird, County Administrator Date SWDD Agenda - Geosyntec Amendment No 1 to WO No 7 Page 2 of 2 177 Indian River Co. Approved Date Administration /Air Legal TO Budget, O 2/31 13 SWDD ' I. L4 12 21-21-115� SWDD -Finance Ci .% L 1, t P Page 2 of 2 177 AMENDMENT NUMBER 1 WORK ORDER NUMBER 7 South Gifford Road Landfill This Amendment 1 to Work Order Number 7 is entered into as of this day of 20 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of December 6, 2011 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ( COUNTY") and Geosyntec Consultants, Inc. (' Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 7, Effective Date June 18, 2013. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit 1 (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), and within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: Geosyntec Consultants, Inc. By: Title: Principal By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BCC Approved Date: Peter D. O'Bryan , Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Baird, County Administrator Dylan T. Reingold, County Attorney 1751 EXHIBIT 1 PROFESSIONAL SERVICES engineers 1 scientists 1 innovators 179 Geosyntecp consultants 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321.269.5880 FAX 321.269.5813 www.geosyntec.com 20 December 2013 Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Proposal to Implement FDEP-Required Activities Former South Gifford Road Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services to implement FDEP-required activities associated with continued groundwater monitoring for the chlorinated volatile organic compound (CVOC) plume at the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida. This fee proposal includes budget for various field activities required by FDEP and/or as requested by IRC, as well as ongoing project support activities related to notification activities and coordination and interaction with FDEP, Florida Department of Health (FDOH), and Treasure Coast Regional Planning Council (TCRPC). Geosyntec has prepared this proposal (professional services as Exhibit 1) as Amendment No. 1 to existing Work Order No 7 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec, dated 15 November 2011. The remainder of this letter provides an overview of the project background, a description of' the proposed scope of work, a budget estimate, and a discussion of the schedule for accomplishment of the work described herein. PROJECT BACKGROUND CVOCs were discovered in groundwater in samples collected at the site in 1999, and Geosyntec implemented ongoing assessment, semi-annual plume monitoring, and remediation activities, as required by the FDEP. Remediation activities have been ongoing at the Site since 2003, and have included; aggressive source area excavation (including an area with dense non -aqueous phase liquid [DNAPL]), interim pump and treat (IP&T) for hydraulic control of Site groundwater, source area bioremediation and associated natural attenuation monitoring for the downgradient dissolved plume: In support of the ongoing semi-annual groundwater monitoring program at the Site, FDEP has required maintenance of the monitoring network, including rehabilitation reinstallation, andprofessional land surveying of several monitoring wells. As approved by FDEP, operation of the IP&T system was discontinued m June 2008; however, XR13056WR13082-1.22013.d0cx engineers 1 scientists 1 innovators 1 R Mr. Hirnanshu H. Mehta, P.E. 20 December 2013 Page 2 treatment system components, including piping, air stripper, and liquid -phase granular activated carbon (GAC) vessels remain at the Site Until recently, the system was used for treatment of liquid investigation -derived waste generated at the Site during groundwater monitoring and related activities. The IP&T system is no longer required for the Site; and therefore, IRC has requested that activities related to system decommission be completed. In addition, portions of the dissolved plume north of the former source area extend past the Site boundary necessitating the establishment of a temporary point of compliance (TPOC). Support for these activities was included in Work Order No. 7; however, the activities have expanded in scope, requiring coordination with FDOH and additional technical support by Geosyntec. PROPOSED SCOPE OF WORK The proposed scope of work consists of ongoing project management and technical support related to notification activities and implementation of FDEP-required well rehabilitation and waste management activities associated with groundwater monitoring and former IP&T system at the Site. For the purpose of budgeting, the scope of work has been divided into the following phases: (i) Phase 1 — Project Management and Ongoing Technical Support; and (ii) Phase 2 — Field Activities. The remainder of this section presents a general description of the activities to be performed in each phase. Phase 1 Project Management and Ongoing Technical Support Under this task, Geosyntec will provide project and technical support for ongoing project needs that are out -of -scope of the current authorized work order. These activities include additional effort related to the required notification activities for establishment of a TPOC (to meet the requirements of Chapter 62-780.220, FAC), preparation for and participation in meetings with IRC, FDOH, and/or TCRPC, as required, to support ongoing project needs, provision of regulatory support related to coordinating and scheduling field and office meetings with FDEP, and project administration and management of the additional field activities described herein. Phase 2 Field Activities Under this task, Geosyntec will perform field activities related to (i) maintenance of the plume monitoring network as approved by FDEP; and (ii) profiling and disposing of the GAC in the former IP&T system and drummed investigation derived waste (IDW) staged at the Site. Specifically, this task includes the activities associated with contracting, scheduling, and providing oversight to drilling and surveying subcontractors, for the following activities related to maintenance of the plume monitoring network: (i) redevelopment of GR-MW22CC, and proper abandonment and reinstallation of the well if necessary based on redevelopment results* (ii) proper abandonment, reinstallation, and development of GR-MW27D; (iii) survey of up to three (3) new monitoring wells (GR-MW22CC, GR-MW27D, GR-MW36D); (iv) toxicity characteristic leaching procedure (TCLP) sample collection of the GAC from the former IP&T system and drummed IDW; and (v) deployment of passive diffusion bag (PDB) samplers in site monitoring wells for retrieval during the summer semi-annual sampling event. Field preparation XR13056\PR13082-1.22013.docx engineers 1 scientists 1 innovators 1R1 Mr Himanshu H. Mehta, P.E. 20 December 2013 Page 3 activities will include scheduling and staffing, subcontracting, coordination with the analytical laboratory, and field equipment preparation. Replacement monitoring wells will be installedusing a sonic drill rig and constructed similar to existing Site monitoring wells. Monitoring wells will be constructed of 2 -inch Schedule 40 (SCH 40) polyvinyl chloride (PVC) with 10 ft of 2 -inch SCH 40 PVC standard factory -slotted (0.010 -Inch) screen. The wells will be completed flush with ground surface in a traffic -rated manhole vault placed in a 2 ft by 2 ft concrete pad. The wells will be developed until visually free of particulates as observed by the on -Site Geosyntec representative. It has been assumed that the well Installation, development, and surveying activities can be completed in two field days with one person. Any soil or liquid investigation -derived waste (IDW), consisting of soil cuttings from well installation, decontamination fluids and well development water, will be placed in 55 -gallon drums, labeled, and staged at the Gifford Road Landfill. One representative sample for TCLP from each waste stream (solid and liquid) will be collected for waste characterization. Geosyntec will arrange for transportation of the drums for disposal at the IRC Main Landfill in Vero Beach, Honda. Solid and liquid waste will be analyzed for TCLP short list of CVOCs and benzene, toluene, ethylbenzene, and xylenes (BTEX). In addition, liquid waste will be analyzed for pH and flashpoint. Waste characterization samples will be collected concurrently with the field activities described above. Budget has been included herein for transportation to the landfill; however, it has been assumed that IRC SWDD will be responsible for disposal costs associated with the non -hazardous drum disposal. FDEP approved discontinuing the use of the IP&T system in conjunction with implementation of Remedial Action Plan Modification (RAPM) activities in 2008. Since that time, the air stripper has been kept on-site for treatment of purge water. It is our understanding that because of potential future site redevelopment activities currently under discussion, the system will be dismantled and decommissioned. Geosyntec will characterize the GAC for disposal, as well as provide oversight and coordination of a remediation contractor to transport the spent GAC to the IRC Main Landfill for disposal. Under this task, one sample will be collected from the GAC vessel and analyzed for TCLP CVOCs and BTEX. One field day for one person has been included for oversight of GAC transport and disposal activities. It has been assumed that the remediation contractor will vacuum the GAC from the vessels and transport the spent GAC to the IRC Main Landfill, where it will be disposed of as non -hazardous waste Budget has been included for transportation to the landfill; however, it has been assumed that IRC SWDD will be responsible for disposal costs associated with the non -hazardous GAC disposal. Geosyntec will perform PDB deployment activities associated with the CVOC plume monitoring wells a minimum of two weeks prior to the summer semi-annual sampling event. PDBs are anticipated to be purchased from EON Products, Inc. and it has been assumed that they will. be deployed in one field day by one person in conjunction with other Site work. XR13056U?R13082-1.22013.docx engineers 1 scientists 1 innovators 1R7 Mr. Himanshu H. Mehta, P.E. 20 December 2013 Page 4 Overall, the field activities are anticipated to require oversight by Geosyntec personnel for a total of four days on Site. For the PDB deployment (1 day), per diem has not been included for Geosyntec field personnel because it has been assumed that it will be conducted while on -Site completing separately authorized activities. The drilling subcontractor will be on -Site for two days. SCHEDULE The field activities described herein can be initiated within two to three weeks of receipt of notice to proceed from the County, assuming subcontractor availability. A description of the field activities will be included in future semi-annual groundwater monitoring report(s). BUDGET ESTIMATE A budget estimate for the scope of work outlined in Phases 1 and 2 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment A. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for SWDD since 2002 at the Site, and experience with groundwater monitoring and reporting activities at similar facilities. Phase 1 — Project Management and Ongoing Technical Support Phase 2 — Field Activities* TOTAL $2,468 $20,506 $22,974 Field activities cost will be reduced by up to $3,500 if monitonng well GR-MW22CC can be redeveloped and does not require replacement. CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Ms. Johnson's attention. Please call either of the undersigned with questions you may have as you review this proposal. S incerely, Attachments XR13056\PRI3082-122013.docx engineers 1 scientists 1 innovators Senior Hydrs eologist enbach, P.E., BCEE rincipa Engineer 1322 ATTACHMENT A BUDGET ESTIMATE engineers 1 scientists 1 innovators Table 1 DECEMBER 2013 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 1: Pro'ect Mana ement and On ' oin _ Technical Su ' ' ort Subtotal Technical/Administrative Servic PRI3082-122013,xIsx Geosyntec Consultants 1QC Table 2 DECEMBER 2013 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL PHASE 2: Field Activities ITEM BASIS RATE QUANTITY ESTIMATED BUDGET Senior Pro'ect Geologist Geologist hr hr $176 $126 1 9 Site Manager/Construction Manager $176 $1,134 51,310 hr $107 50 Subtotal Technical/Administrative Servic Well Driller Mob/Demob Well Installation Well Com•letion Well development Well Abandonment Drums Per Diem (lodging and food for 3 man crew) Well Permit Decon Well Survey (3 wells) Drum Characterization Sampling (Liquid) Drum Characterization Sampling Solid) GAC Characterization Sam .ling GAC Removal and Transport $5,350 $5,350 each ft each each each each each each each each each each quote $1,070 $32 $161 $107 $545 $54 $161 $107 $161 $926 $161 $161 $161 $1,605 1 136 2 3 2 12 2 1 1 1 1 1 1 1 Subtotal Subcontractor Servic $1,070 $4,366 $321 $321 $1,090 $642 $321 $107 $161 $926 $161 $161 $161 $1,605 $11,410 PDBs-Field Ready Lodging Per Diem Communications Fee Field Vehicle 8.5"x11" Photoco.ies Well Installation Kit Equipment Shi 'ping each day day 3% labor day each day each $30.50 $89 $51 0.03 $97 $0.12 $190 $54 42 3 3 $6,660 3 0 1 1 $1,281 $267 $153 $200 $291 $0 $190 $54 $2,436 Notes: 1. Lodging and per diem rates were taken from the GSA website for the Vero Beach area (www,gsa.gov). 2. Monitoring Well Installation Kit includes: PID, water level indicator, GPS unit, field geology kit, and multi -meter (pH, temperature, conductivity, turbidity, dissolved oxygen, and oxidation reduction potential), and miscellaneous supplies. PRI3082-122013.xIsx Geosyntec Consultants 124