· February 2, 2016 Page 1 of 7 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District

February 2, 2016 Page 1 of 7

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

C O M M I S S I O N A G E N D A

COUNTY COMMISSIONERS

DISTRICT

Bob Solari, Chairman District 5 Joseph A. Baird, County Administrator Joseph E. Flescher, Vice Chairman District 2 Dylan Reingold, County Attorney Wesley S. Davis District 1 Jeffrey R. Smith, Clerk of the Circuit Peter D. O’Bryan District 4 Court and Comptroller Tim Zorc District 3

1. CALL TO ORDER 9:00 A.M. PAGE

2. INVOCATION

Jeffrey R. Smith, Clerk of the Court and Comptroller

3. PLEDGE OF ALLEGIANCE

Dylan Reingold, County Attorney

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation of Proclamation Designating the Week of February 8 – 13, 2016, as “2-1-1 Awareness Week” 1

Commission Chambers Indian River County Administration Complex

1801 27th Street, Building A Vero Beach, Florida, 32960-3388

www.ircgov.com

TUESDAY, FEBRUARY 2, 2016 - 9:00 A.M.


6. APPROVAL OF MINUTES PAGE

A. Regular Meeting of January 12, 2016

B. Regular Meeting of January 19, 2016

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION

A. Florida Public Service Commission Order No. PSC-16-0040-TRF-EI Approving Revisions to Tariffs for Duke Energy Florida, Inc., has been received and is available for review in the Office of the Clerk to the Board ---

B. The Sebastian Inlet District Commission’s 2015-2016 Meeting Schedule is on file in the Office of the Clerk to the Board ---

C. 2016 Election of Economic Development Council Chairman and Vice Chairman (memorandum dated January 26, 2016) 2

D. 2016 Election of Short Term Vacation Rentals Advisory Committee Chairman and Vice Chairman (memorandum dated January 19, 2016) 3

E. Guest Commentary Highlighting County’s Efforts for Lagoon Protection (memorandum dated January 25, 2016) 4-6

F. County Attorney Dylan Reingold’s Review of Indian River County Proclamation Policy as it relates to a recent request for a Proclamation (e-mail dated January 22, 2016) 7

G. Update on All Aboard Florida / Vero Electric Expenses (memorandum dated January 26, 2016) 8-12

H. Retirement Award and Proclamation Honoring Louise Gates on Her Retirement from Indian River County Board of County Commissioners Public Works Department / Real Estate Acquisition with Ten Years of Service 13-14

8. CONSENT AGENDA

A. Approval of Checks and Electronic Payments January 8, 2016 to January 14, 2016 (memorandum dated January 14, 2016) 15-22


8. CONSENT AGENDA PAGE

B. Approval of Checks and Electronic Payments January 15, 2016 to January 21, 2016 (memorandum dated January 21, 2016) 23-30

C. Dori Slosberg Driver Education Safety Act Indian River County Traffic

Education Program Trust Fund Report Cumulative Reporting Through 12/31/15 (memorandum dated January 12, 2016) 31-32

D. Perez v. Stericycle Settlement (memorandum dated January 18, 2016) 33-36

E. Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2015 (memorandum dated January 22, 2016) 37-38

F. Third Version of Corrected First Amendment to Lease Agreement with AT&T Mobility for Colocation on 1340 Old Dixie Highway Tower (memorandum dated January 27, 2016) 39-44

G. Renewal of Concessionaire Contract No. 252 with Florida Fish and Wildlife Conservation Commission for the Indian River County Public Shooting Range (memorandum dated January 21, 2016) 45-82

H. Miscellaneous Budget Amendment 012 (memorandum dated January 25, 2016) 83-88

I. Full Gospel Assembly Inc. of Vero Beach’s Request for Release of Easements at 1305 Old Dixie Highway SW (Dixie Heights Subdivision Unit 3) (memorandum dated January 25, 2016) 89-95

J. Traffic Video Detection at Beachland/SRA1A and SR60/27th Avenue: Board Approval for Trade-in and Purchase of Two (2) Video Detection Cameras (memorandum dated January 14, 2016) 96-98

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None


10. PUBLIC ITEMS PAGE

A. PUBLIC HEARINGS None

B. PUBLIC DISCUSSION ITEMS

(As a general rule, public discussion items should be limited to matters on which the commission may take action.)

1. Request to Speak from Jason Redmon, Indian River Sports Complex, Regarding Follow-up on Conversation on 16th Avenue Sports Complex 99

C. PUBLIC NOTICE ITEMS None

11. COUNTY ADMINISTRATOR MATTERS None

12. DEPARTMENTAL MATTERS

A. Community Development None

B. Emergency Services

None

C. General Services

None

1. Human Services

None 2. Sandridge Golf Club

None 3. Recreation

a. Rental Agreement Proposal for Hobart Baseball

Fields (memorandum dated January 10, 2016) 100-109


12. DEPARTMENTAL MATTERS PAGE

D. Human Resources

None

E. Office of Management and Budget

None

F. Public Works

None

G. Utilities Services

None

13. COUNTY ATTORNEY MATTERS

A. Purchase of Five Lots Located at 58th Avenue North of 57th Street Owned by Bent Pine Golf Club, Inc. (memorandum dated January 22, 2016) 110-118

B. All Aboard Florida St. Johns River Water Management District Permit Outside Counsel (memorandum dated January 20, 2016) 119-124

14. COMMISSIONERS MATTERS

A. Commissioner Bob Solari, Chairman

1. County Administrator’s Contract (memorandum dated January 27, 2016) 125-132

B. Commissioner Joseph E. Flescher, Vice Chairman

None

C. Commissioner Wesley S. Davis

1. Kayak/Canoe Launch at CR512 (memorandum dated January 25, 2016) 133-135

2. Lagoon Frontage of the 47 Acre Torwest Tract on Jungle Trail

(memorandum dated January 25, 2016) 136-141

D. Commissioner Peter D. O’Bryan

None


14. COMMISSIONERS MATTERS PAGE

E. Commissioner Tim Zorc

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disposal District

1. Approval of Minutes January 19, 2016

2. CCNA-2014 Work Order No. 5 to CDM Smith, Inc. for the 2016

Annual Financial Reports (memorandum dated January 25, 2016) 142-149

3. CCNA-2014-Work Order No. 2 to Geosyntec to Provide Engineering Services for Installation of Groundwater Monitoring Wells (memorandum dated January 25, 2016) 150-163

4. Work Order No. 2 to SCS Engineers for a Solid Waste Rate Study

and Business Plan (memorandum dated January 19, 2016) 164-171

5. Work Order No. 3 to SCS Engineers for a Conceptual Design of a

new Household Hazardous Waste and Citizen Drop-Off Center (memorandum dated January 22, 2016) 172-181

C. Environmental Control Board

None

16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based.


Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library.

Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule:

Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m.,

Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m.

PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY 8-13, 2016, AS

"2-1-1 AWARENESS WEEK"

sir

WHEREAS, many times when individuals and families need help in meeting life's basic needs or are experiencing times of crisis and are not sure where to turn; and

WHEREAS, 2-1-1 is an easy to remember, easy to use three-digit number recognized as the central linkage point in providing individuals and families with the guidance, support and information they need to so!ve their problems; and with the crisis intervention and suicide prevention they seek to keep them safe; and

WHEREAS, Indian River County is fortunate to have 2-1-1 Helpline, a service that is available any time of day or night that enables individuals and families to get the help they need ...

As was the case when the caring staff at 2-1-1 were sensitive to a woman who had concerns for her elder brother. He suffered numerous strokes and falls while living with his frail wife who could no longer care for his needs. 2-1-1 staff was able to get him to into a safer living environment and find resources for his wife as well; and so many other real life stories ... ; and

WHEREAS, 2-1-1's specialized advocacy and support services also include the Help Me Grow Initiative which helps link vulnerable families to crucial services while 2-1-1 's life-saving "Sunshine" daily phone calls continue to positively impact the lives of local housebound and/or isolated seniors-all at no cost to those participating; and

WHEREAS, 2-1-1 Helpline service is free, confidential, available 24/7, with highly trained staff who assisted thousands of individuals in need of crisis intervention, assessment and referrals to community services. The staff at 2-1-1 will continue to provide that warm voice at the other end of the line, the caring assistance to the people of our community ... and "Hope when you need it most!"

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of February 8-13, 2016, be designated as 2-1 -1 Awareness Week in Indian River County. The Board urges all citizens to be aware of the only telephone number they need to know to access information and referral to the programs and services in our community that provide assistance in such areas as Health Care, Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, Financial Assistance, etc.

Adopted this 2nd day of February, 2016.

J ... enh E. Flescher, Vice Chairman

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To:

Date:

Subject:

From:

7U INFORMATIONAL ITEMS

February 2, 2016

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER•OFFICE MEMORANDUM

Members of the Board of County Commissioners

January 26, 2016

2016 ELECTION OF ECONOMIC DEVELOPMENT COUNCIL CHAIRMAN AND VICE CHAIRMAN

Tina Cournoyer Commissioner Assistant

At its January 19, 2016 meeting, the Economic Development Council members voted to elect Peter Robinson as Chairman, and Joe ldlette as Vice Chairman of the EDC for the year 2016.

No Board action is required.

1

To:

Date:

Subject:

From:

71) INFORMATIONAL ITEMS

February 2, 2016


INTER-OFFICE MEMORANDUM


January 19, 2016

2016 ELECTION OF SHORT TERM VACATION RENTALS ADVISORY COMMITTEE CHAIRMAN AND VICE CHAIRMAN

Misty L. Pursel Commissioner Assistant, District 1

At the January 14, 2016 Short Term Vacation Rental Advisory Committee (STVRAC) meeting, the members voted to re-elect Glenn Powell as Chairman, and Joseph Paladin as Vice Chairman of the STVRAC for the year 2016.

No Board action is required.

3

February 2., 2016E ITEM 7



TO: Members of the Board of County Commissioners

DATE: January 25, 2016

SUBJECT: Guest Commentary Highlighting County's Efforts for Lagoon Protection

' FROM: Peter O'Bryan X ~

Commissioner, District 4

Two (2) pages attached.

4

Peter O'Bryan: Make no mistake - Indian River County is working to protect lagoon Page 1 of 3

J JOURl".ftf.\L INTERACTIVE G~ PRINTTHIS

Peter O'Bryan: Make no .mistake - Indian River County is working to protect lagoon

Jan. 14, 2016

Lately there have been several news articles regarding Indian River County's lack

of participation in the Indian River Lagoon Council, and how this somehow

implies that the county is not taking action to improve the lagoon or that the

county's efforts are ineffective.

These articles neglect to inform the readers about the nutrient-removal projects the

county already has built and that have been actively removing nutrients and debris

from canal water before it reaches the lagoon.

Indian River County began designing the first of these projects back in 2005,

making the county a leader in taking concrete steps to reduce nutrients heading

into the lagoon, with documented results. Since 2005, the county has spent over

$29 million on four major, state-of-the-art regional projects to help the lagoon,

using a mixture of local-option sales tax, utilities funds and grant funding. These

four projects - Spoonbill Marsh, Egret Marsh, PC Main Skimmer and Osprey

Marsh- have collectively removed more than 128,000 pounds of nitrogen and

more than 29,000 pounds of phosphorous, preventing these damaging excess

nutrients from reaching the lagoon. These numbers could hardly be called

ineffective.

County staff has received several awards from the Pelican Island Audubon Society

as results of our efforts to reduce pollution to the lagoon. Among them are two

Maggie Bowman Conservationist of the Year A wards and a Special Recognition

Award.

Our PC Main Skimmer project on the Main Relief Canal, in addition to removing

nutrients, also has removed more than 2,800 wet tons of floating trash and debris

http://www.printthis.clickability.com/pt/cpt?expire=&title=Peter+0%3FBryan%3A+Make... 1/25/2016 5

Peter O'Bryan: Make no mistake - Indian River County is working to protect lagoon Page 2 of 3

such as lumber, vegetation, tires, plastic and Styrofoam containers. To put that in

perspective, if you convert the weight of the debris removed to elephants, it equals

approximately 471 adult male African savanna elephants!

Finally, the PC Main Skimmer also has removed more than 4,600 cubic yards of

muck-creating sediment from the Main Canal since it started operating. The PC

Main Skimmer won the prestigious Indian liver Lagoon Project of the Year

Award from the Marine Resource Council. It later won the 2008 Friends of the St.

Sebastian River Environmental Enhancement Award.

Indian River County also spent $28,500 of utilities funding to build a vertically

designed oyster reef that has been extremely successful in not only providing a

substrate for oyster recruitment and their water filtering benefits, but habitat for

dozens of other lagoon species. The county has also received $50,000 in grant

funding for additional oyster reefs.

The county was among the first local governments on the Treasure Coast to enact

a very strict fertilizer ordinance, including a summer ban on lawn fertilizing. Even

more importantly, the county is the only local government to hire a full-time

stormwater education and fertilizer coordinator to increase public awareness and

improve compliance with the fertilizer ordinance. In addition to enforcing the

fertilizer ordinance within the county, the fertilizer coordinator also enforces

within the city of Vero Beach and the town of Indian River Shores, via interlocal

agreements.

Regardless of its decision not to participate in the Indian River Lagoon Council,

the county is still moving forward. On Dec. 1, the Board of County

Commissioners unanimously approved a 5-year capital expenditures plan that

includes nearly $8 million for additional stormwater projects.

Please rest assured the Board of County Commissioners is committed to building

projects that will help the lagoon, and we will continue to be leaders in lagoon

protection.

Peter O'Bryan is a member of the Indian River County Commission.

http://www.printthis.clickability.com/pt/cpt?expire=&title=Peter+0%3FBryan%3A+Make... 1/25/2016 6

From: Sent: To: Cc: Subject:

Joe,

Dylan Reingold Friday, January 22, 2016 1:35 PM Joe Baird Dori Roy Historic Society of Gifford

7F

lt is my understanding that recently a request had been submitted to have the Board of County Commissioners issue two proclamations concerning the Historic Society of Gifford, Florida. It is my understanding that you, Dori and Dori's staff, despite many years of service for Indian River County, were unfamiliar with this particular organization. Thus, Dori searched online with the Department of State records and was unable to find any information about this organization. Additionally, Dori and her staff reached out to several Gifford Community leaders and the Indian River County Historical Society to see if they could provide any additional information concerning this organization. It is my understanding that the Gifford Community leaders that were contacted and the Indian River County Historical Society were unaware of this organization. You then reached out to the requester seeking additional information, such as documentation of the organization. It is my understanding that that you have still not received the information.

I do not see the County's actions as inconsistent with the Indian River County Proclamation Policy. In fact the actions were quite reasonable considering the above-described circumstances. In no way has the County prohibited this organization from receiving a proclamation. Simply, you, Dori and Dori's staff wanted to make sure that if the Board were to issue a proclamation on behalf of and for an organization, that the County performed the proper due diligence.

Dylan

7

TO:

DATE:

FROM:

INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM

OFFICE OF MANAGEMENT AND BUDGET


January 26, 2016

Jason E. Brown Director, Office of Manage Budget

7&-INFORMATIONAL

SUBJECT: UPDATE ON ALL ABOARD FLNERO ELECTRIC EXPENSES

DESCRIPTION

Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 1/26/16.

ATTACHED:

• All Aboard FL expenses thru 1/26/2016 spreadsheet.

• Vero Beach Electric/FPL/FMPA expenses 1/26/2016 spreadsheet.

APP~ VED AGENDA ITEM: .

BlE:L2 ~dlr-wi t/ Josepf A. Baird County Administrator

FOR: February 2, 2016

Indian River Count

Administrator

Risk Management

8

All Aboard Florida Expenses

Indian River County 3/24/15 litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations

Acct#00110214-033110-15023 Legal Services

Date Vendor Amount 1-Jote 1/20/2016 Bryan Cave LLP $50,663.10 fees for Legals Service-Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave UP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services-Oct 2015 private activity bonds

Subtotal Expenses FY 15/16 $100,160.20 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Se rvices-Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services-Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services-Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Se rvices-July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legat Services-July 2015 8/12/2015 5ryan C:ave LLP $50,710.86 Fees for Legal Services-June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services-June 2015

7/1/201S Bryan Cave LLP $178,503.50 Fees for legal Services-May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services~May 2015 7/2/201S Bryan Cave LLP $177,071.70 Fees for Legal Services-April 201S 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services-April 2015 private activity bonds

6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 S/20/2015 Nabors G1biin & Nickerson PA $500.00 Fees for Legal Services

05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services

04/20/1S Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerscn PA• $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA• $5,593.56 IRC 1/3 Portion of Legal Fees

12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services

,-...:1::2e.f::.10;c/.::14.:...:B;;.rv,,.:•:cn...:C::a:cv::.e .::LL::;P_---,,....,.....,.---------------:......::$c:,7::.9,::.9.:.62:::·.:.30=, Fees for Leg a I Services Subtotal Expenses FY 14/15 $1,064,319.lS!

9/30/14 Bryan Cave LLP $26,975.60 Fees for legal Service s 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services

.---=9,_/l::.7:.c/.::14.:...:B;;.rvz.:a::.n:..:Ca=v::.e .::LL::;P ___ ....,. _______________ ___,......::Sc::9::.37;.;·.:.50::. Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.801

•split between St.l ude, lndian River, and Martin Counties

Acct#00110214-033190-15023 Other Professional Services

9/30/2015 Dyland Reingold-reiumburse for case ri ling $412.00 Case filing 9/16/2015 Federal Express $3.92 Sh"1pping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping

7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-trave l to Wash DC $446.11 Preliminary Hearing

,.....:S::,f.=1;:2/c.:2:.:0c::1.:.5...:l.:..re:::•::s.::u:..,ry..:o::.f..:th.::e:..U:::ncci.:;te::d:..:S:..;ta:::t:.:e.:..s _______________ ......::S:=5.:..70:::·.:.oo:..,Public Records Subtotal Expenses FY 14/lS $44,810.15 !

Acct#00110214-034020-15023 All Travel 1/6/2016 MHG Tallahasse ALP $149.00 Dylan Reingold

12/16/2015 Kimbere ly Graham $901.76 Fed Railway Assoc. Mtg-Washington DC

12/2/2015 Kate Cotner-FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,070.20!

9/8/2015 Ooubletree Orlando $271.36 Orlando-Travel-Fl. Dev. Finance Corp

8/26/2015 Dylan Reingold $75.26 ,-8::,/.=2:::6/c.:2:.:0c::1.:.5..:K::a.::t•:..C.:.O:::t:..:ne,::rc.._ ____________________ ___,,..·.:.SS:::·c::36.:,0rlando-Tavel-FI Dev. Finance Corp

Subtotal Expenses FY 14/15 $341.261

Acct#11124319-033190 Other Professional Services 7/02/15 COM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring

1/02/15 CDM Smith Inc $2,122.50 Work Orde r 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS

~-=1:.:1,_;/2:.:1:cf.:.14.:...:C:=D.:;M.:..S:::m= ith= ln:.:, _ ___________________ .:.$6;;.:,::.58:::5:...8:::0:.,Work Order 13 Noise Monitoring Subtotal Expenses FY 14/1S $44,740.70!

9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Mon"itoring 9/30/14 COM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS

~---'8:c/.:.08::,f.=1..:4..;C::D:..Mc.:..:.Sm=itc.:h.:..ln.:_;c:.._ ___________________ ..,_$.:..3,"'1_25_._0~0 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00!

Total expenses processed as of 1/26/16 s1,301,267.46I

F:\Budget\AII Aboard FL Expenses 9

All Aboard Florida Expenses

Indian River County

Total Board authorized budget for FY 15/16 Total Board authorized budget for FY 14/15 Total Board authorized budget for FY 13/14

!Total Budgeted 13/14-15/16

Remaining Balance

$1,100,000.00 $1,287,985.00

$168,740.00 s2,ss6,125.ool

$1,255,457.541

F:\Budget\AII Aboard FL Expenses 1 0,

Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses

legal Services

1/20/2016 Berger Singerman


12/8/2015 King Reporting & Video


I Subtotal Expenses FY 15/16






6/3/2015 Nabors Giblin & Nickerson

5/20/2015 Carolos Alvarez,Esq

4/20/2015 Gonzalez Saggio & Harlan



3/23/2015 Nabors Giblin & Nickerson




! Subtotal Expenses FY 14/15






Other Prof. Services /Legal Advertising

1/20/2016 RW Wilson & Assoc



Subtotal Expenses FY 15/16




7/21/2015 Kate Cotner Reimbursement



5/21/2015 Scripps Treasure Coast

3/4/2015 RB Oppenheim Assoc

2/13/2015 FM PA-copy of audio

1/16/2015 Scripps Trea sure Coast


!Subtotal Expenses FY 14/15



!subtotal Expenses FY 13/14

Travel

1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee


10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee

!subtotal Expenses FY 1S/16


8/26/2015 Kate Cotner-FMPA mtg/Tallahassee


Total expenses proceseed as of 1/26/16

Acct# 00410214-033110-15024

$11,722.50

$15,090.00

$457.75

$2,172.50

$5,462.50

$25,370.00

$10,150.00

$7,855.00

$29,622.50

$312.50

$1,878.10 $10,582.50 $26,713.48

$10,312.50 $4,161.72

$22,882.98 $16,610.00

$8,824.24

$7,821.90

$30,144.31 $12,292.50

$8,415.00

$4,090.00 $4,090.00 $4,090.00

$4,090.00 $4,090.00

$4,090.00 $50.00

$4,090.00 $4,090.00

$71.76 $4,625.00

$119.13 $70.98 $63.96

$87.36

$88.92

$372.39 $149.00 $437.53

$75.26 $36.00

$29,442.751

$180,738.021

$58,673.711

s12,210.ool

$25,450.831

$176.281

$958.921

$111.261

$307,821.77

F:\Budget\FP&L-Vero Beach-FM PA expenses u

Indian River County Vero Beach Electric/Florida Power & Llght/FMPA expenses

Date 10/1/2015 FY 15/16 Budget 9/15/2015 Legal Services

3/18/2015 Legal Services

5/5/2014 legal Services

Total Board Authorized Budget

Remaining Balance

Budget $50,000.00

$60,000.00 $130,000.00

$100,000.00

$340,000.001

$32,178.231

F:\Budget\FP&L-Vero Beach-FMPA expenses 12

flhis is to certify tli,at

Louise <]ates

is fzere6y presentea this

CJ.@tirement )f.wara

for outstantfino performance and

faitfifu{ service to

Itufian ~ver 9ounty (}Joara of County Commissioners

Porten years of service

On tnis 28th aay of January 2016

~ do-f?~ <Bo6 Sofari

<Boar/ of County Commissioner, Cliairman

PROCLAMATION

HONORING LOUISE GATES ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

PUBLIC WORKS DEPARTMENT/REAL ESTATE ACQUISITION

WHEREAS, Louise Gates retired from Indian River County Real Estate Acquisition effective January 28, 2016; and

WHEREAS, Louise Gates began her career with Indian River County as a Land Acquisition Specialist on January 13, 2006, and successfully continued in that capacity until her retirement. ·· She has been a key member of the County right-of-way acquisition team and has been instrumental in the acquisition of numerous properties necessary for roadway expansion projects; and

WHEREAS, Louise Gates has served this County and the Puhlic with distinction and selflessness. During her ten years of service, she was dedicated, and her work was greatly appreciated by the employer, citizens, and co-workers alike; and

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Louise Gates' efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last ten years; and ·

BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors!

Adopted this 2nd day of February 2016.

BOARD OF COUNTY COMMISSIONERS INDIAN RWER COUNTY, FLORIDA

Bob Solari, Chairman

JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960

TO:

FROM:

THRU:

DATE:

SUBJECT:

HONORABLE BOARD OF COUNTY COMMISSIONERS

DIANE BERNARDO, FINANCE DIRECTOR

JEFFREY R. SMITH, COMPTROLLER <:::::x:t./) -January 14, 2016 t/""'..,, APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 8, 2016 to January 14, 2016

In compliance with Chapter 136.06, Florida Statutes, all 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 lists of checks and electronic payments, issued by the Comptroller's office, for the time period of January 8, 2016 to January 14, 2016. Attachment:

DLB:DB

15

CHECKS \VRITTEN

TRANS NBR DATE VENDOR AMOUNT 334887 01/14/2016 UTILREFUNDS 86.22 334888 01/14/2016 UTIL REFUNDS 1,983.84 334889 01/14/2016 UTIL REFUNDS 45.35 334890 01/14/2016 UTIL REFUNDS 47.14 334891 01/14/2016 UTIL REFUNDS 81.82 334892 01/14/2016 UTIL REFUNDS 44.46 334893 01/14/2016 UTIL REFUNDS 65.32 334894 01/14/2016 UTIL REFUNDS 70.60 334895 01/14/2016 UTIL REFUNDS 79.11 334896 01/14/2016 UTIL REFUNDS 25.29 334897 01/14/2016 UTlL REFUNDS 318.38 334898 01/14/2016 UTIL REFUNDS 135.76 334899 01 /14/2016 UTTL REFUNDS 61.70 334900 01/14/2016 UTIL REFUNDS 33.96 334901 01/14/2016 UTlL REFUNDS 11.53 334902 01/14/2016 UTTL REFUNDS 39.77 334903 01 / 14/2016 UTILREFUNDS 18.83 334904 01/14.12016 UTIL REFUNDS 67.07 334905 01/14/2016 UTIL REFUNDS 30.89 334906 01/14/2016 UTIL REFUNDS 20.14 334907 01 /14/2016 UTIL REFUNDS 38.70 334908 01!]4/2016 UTILREFUNDS 12.96 334909 01/14/2016 UTIL REFUNDS 16.12 334910 01/14/2016 UTIL REFUNDS 120.92 334911 01/14/2016 UTU, REFUNDS 40.05 334912 01 /14/201 6 UTIL REFUND S 95.03 334913 01/14/2016 UTILREFUNDS 28.70 334914 01 /14/20 I 6 UTIL REFUNDS 29.90 334915 01/1 4/20 I 6 UTILREFUNDS 24.33 334916 01/14/2016 UTILREFUNDS 222.29 3349 17 01/14/2016 UTILREFUNDS 10.78 33491 8 01/14/20 I 6 UTIL REFUNDS 69.02 33491 9 01/14/2016 UTILREFUNDS 87.16 334920 0l /1 4/201 6 UfILREFUNDS 36.21 334921 01/14/2016 UTIL REFUNDS 71.37 334922 01/1 4/2016 UTIL REFUNDS 81.48 334923 01/1 4/201 6 UTIL REFUNDS 72.03 334924 01/14/2016 UTIL REFUNDS 72.96 334925 01/14/201 6 l lTU, REFUNDS 35.06 334926 0J /1 4/201 6 UTIL REFUNDS 93.97 334927 01/14/201 6 UTlL REFUNDS 13 1.55 334928 01/1 4/2016 UTIL REFUNDS 81.82 334929 01/14/2016 UTIL REFUNDS 60.64 334930 01/14/201 6 UTIL REFUNDS I 5.12 33493] 01/14/2016 UTILREFUNDS 51.02 334932 01 /14/2016 UTIL REFUNDS 14.58 334933 01/1412016 UTIL REFUNDS 30.66 334934 01/14/20 )6 UTlL REFUNDS 43.85 334935 01/14/201 6 UTIL REFUNDS 42.88 334936 01/1 4/20)6 UTIL REFUNDS 64.28 334937 01/14/20 16 UTIL REFUNDS 58.91 334938 01/ 14/2016 UTILREFUNDS 478.99 334939 01/14/20 16 UTILREFUNDS 44.79 334940 01/14/201 6 UTIL REFUNDS 88.81 334941 01/14/2016 UTILREFUNDS 61.61 334942 01/J 4/2016 UTIL REFU}H)S 12.04 334943 01/1 4/201 6 UTIL REFUNDS 64.44 334944 01/14/20 I 6 UTIL REFUNDS 66.48

16

TRANS NBR DATE VENDOR AMOUNT 334945 01/14/2016 UTIL REFUNDS 48.41 334946 01/14/2016 UTILREFUNDS 82.28 334947 01/14/2016 UTIL REFUNDS 286.45 334948 01/14/2016 UTIL REFUNDS 87.80 334949 01/14/2016 UTIL REFUNDS 70.75 334950 01/14/2016 UTIL REFUNDS 35.78 334951 01/14/2016 UTIL REFUNDS 20.02 334952 01/14/2016 UTIL REFUNDS 10.86 334953 01/14/2016 UTILREFUNDS 77.80 334954 01/14/2016 UTIL REFUNDS 34.23 334955 01/14/2016 UTILREFUNDS 22.67 334956 01/14/2016 UTIL REFUNDS 74.70 334957 01/] 4/2016 UTILREFUNDS 80.69 334958 01/ 14/2016 UTILREFUNDS 20.16 334959 01/14/2016 UTIL REFUNDS 75.75 334960 01/14/2016 UTIL REFUNDS 30.16 334961 01/14/2016 UTlL REFUNDS 175.29 334962 01/14/2016 UTIL REFUNDS 35.62 334963 01/14/2016 UTIL REFUNDS 21.14 334964 01/14/2016 UTIL REFUNDS 154.20 334965 01 /14/2016 UTIL REFUNDS 44.80 334966 01/14/2016 UTIL REFUNDS 38.27 334967 01/14/2016 UTIL REFUNDS 15.34 334968 01/14/2016 UTIL REFUNDS 51.90 334969 01 /14/2016 UTlL REFUNDS 125.00 334970 01/14/2016 UTIL REFUNDS 48.51 334971 01/14/2016 UTIL REFUNDS 42.39 334972 01 /14./2016 UTIL REFUNDS 80.69 334973 01/l 4/2016 UTIL REFUNDS 18.02 334974 01/14/2016 UTIL REFUNDS 36.70 334975 01/14/2016 UTILREFUNDS 47.30 334976 01/14/2016 CLEMENTS PEST CONTROL 125.00 334977 01/14/2016 JORDAN MOWER INC 153.04 334978 01/14/2016 COMMUNICATJONS INTERNATIONAL 25,300.21 334979 01/14/2016 TEN-8 FIRE EQUIPMENT INC 3,188.56 334980 01/14/2016 RANGER CONSTRUCTION IND INC 219.10 33498] 01/14/2016 VERO CHEMICAL DISTRIBUTORS INC 151.40 334982 01/14/2016 AT&T WIRELESS 606.22 334983 01/14/2016 AT&T WIRELESS 1,171.20 334984 01/14/2016 DATA FLOW SYSTEMS INC 109.40 334985 01/14/2016 SEWELL HARDWARE CO INC 169.61 334986 01/14/201 6 PARALEE COMPANY INC 500.00 334987 01/14/2016 E-Z BREW COFFEE & BOTTLE WATER SVC 133.37 334988 OJ /J 4/2016 KELLY TRACTOR CO 1,037.05 334989 01/14/2016 GENES AUTO GLASS INC 100.00 334990 01/14/2016 REPUBLIC SERVICES INC 2,306.57 334991 01/J 4/2016 MCMASTER CARR SUPPLY CO 226.87 334992 01/14/2016 AMERIGAS EAGLE PROPANE LP 1,051.18 334993 01/14/2016 AMERlGAS EAGLE PROPANE LP 1,084.87 334994 0l/14/2016 AMERIGAS EAGLE PROPANE LP 1,358.33 334995 01/14/20 16 AMERlGAS EAGLE PROPANE LP 2,081.89 334996 01/14/20 I 6 GAYLORD BROTHERS INC 488.22 334997 01/14/2016 HACH CO 8,354.99 334998 0I/14/2016 SWEINC 325.00 334999 01/14/2016 NATIONAL FIRE PROTECTION ASSOC 1,305.00 335000 01/14/2016 NATIONAL FIRE PROTECTION ASSOC 1,305.00 335001 01/14/2016 KSM ENGINEERING & TESTIN G INC 750.00 335002 OJ /1412016 HD SUPPLY WATERWORKS, LTD 4,988.40 335003 0J/14/2016 VERO INDUSTRIAL SUPPLY INC 15.63 335004 01/14/2016 EXPRESS REEL GRIJ'-mING INC 1,000.00

17

2

TRANS NBR DATE VENDOR AMOUNT 335005 01/14/2016 TIRESOLES OF BROWARD INC 1,579.10 335006 01/14/2016 BFS RETAIL OPERATIONS LLC 2,825.58 335007 01/14/20 I 6 CALL ONE INC 229.00 335008 01/14/2016 ADVANCED AIR ASSOCIATES INC 4,190.67 335009 01/14/2016 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 2,400.00 335010 01/14/2016 GOLF SPECIALTIES INC 1,250.00 335011 01/14/2016 GOODYEAR AUTO SERVICE CENTER 1,772.56 335012 01/14/2016 BLAKESLEE SERVICES INC 760.00 335013 01/14/2016 ASPHALT RECYCLING INC 33,897.20 335014 01/14/2016 BAKER & TAYLOR INC 2,539.30 335015 0lil4/2016 BARNEYS PUMP INC 834.00 335016 01/14/2016 MIDWEST TAPE LLC 523.70 335017 01/14/2016 PRECISION CONTRACTING SERVICES INC 1,985.00 335018 01/14/2016 K & M ELECTRIC SUPPLY 431.14 335019 01/14/2016 SOFTWARE HARDWARE INTEGRATION 64,754.52 335020 01/14/2016 VERO BEACH EDGEWOOD PLACE LP 495.00 335021 01/14/2016 LINDSEY GARDENS LTD 415.00 335022 01/14/2016 BOYS & GIRLS CLUB OF INDIAN 28,972.38 335023 01/14/2016 CLERK OF CIRCUIT COURT 142.56 335024 01/14/2016 CITY OF VERO BEACH 63,927.04 335025 01/14/2016 STEPHEN WOJTASZEK 72.66 335026 01/14/2016 HAPPY SOFTWARE INC 9,097.00 335027 01/14/2016 CHAPTER13TRUSTEE 368.38 335028 01/14/2016 COMPBENEFITS COMPANY 126.00 335029 01/14/2016 COLONIAL LIFE & ACCIDENT INS CO 77.22 335030 01/14/2016 UNITED PARCEL SERVICE INC 9.77 335031 01/14/2016 EBSCO INDUSTRIES INC 34,068.31 335032 01/14/2016 FLORIDA DEPARTMENT OF BUSINESS AND 500.00 335033 01/14/2016 FLORIDA GOVERNMENT FINANCE 23.00 335034 01/14/2016 JANITORIAL DEPOT OF AMERICA INC 451.09 335035 01/14/2016 TREASURE COAST HOMELESS SERVICES 12,021.60 335036 01/14/2016 TREASURE COAST HOMELESS SERVICES 3,817.50 335037 01/14/20 I 6 ATLANTIC COAST CONSTRUCTION & DEVELOPMENT 1,849.61 335038 01/14/20 I 6 PUBLIX SUPERMARKETS 19.90 335039 01/14/2016 PUBLIX SUPERMARKETS 69.95 335040 01/14/2016 PUBLIX SUPERMARKETS 90.00 335041 0l/14/2016 AAA COOPER TRANSPORTATION INC 209.99 335042 01/14/2016 ACUSHNET COMPANY 2342.99 335043 01/14/2016 CULTURAL COUNCIL OF IRC 5,253.13 335044 01/14/2016 AQUAGENIX 695.50 335045 01/14/2016 FLORIDA WATER & POLLUTION CONTROL 30.00 335046 01/14/2016 GEOSYNTEC CONSULTANTS INC 10,330.28 335047 0 ]/] 4/2016 IRC CHAMBER OF COMJv1ERCE 18,000.93 335048 01/14/2016 IRC CHAMBER OF COMMERCE 8,074.92 335049 01/14/2016 IRC CHAMBER OF COMMERCE 30,094.97 335050 01/14/2016 !RC CHAMBER OF COMMERCE 698.48 335051 01/14/2016 FEDERAL EXPRESS CORP 4.85 335052 01/14/2016 MUNICIPAL CODE CORPORATION 739.79 335053 0]/14/2016 TREASURE COAST COUNCIL OF LOCAL 200.00 335054 01/14/2016 TIMOTHY ROSE CONTRACTING INC 519,097.07 335055 0 lil 4/2016 VERO HERITAGE INC 2,923.44 335056 01/14/2016 FLORIDA POWER AND LIGHT 15,674.78 335057 01/14/2016 FLORIDA POWER AND LIGHT 1,796.76 335058 01/14/2016 JAMES GRAY JR 375.00 335059 01/14/2016 PHILLIP J MATSON 71.02 335060 01/14/20 16 CITY OF FELLSMERE 212.54 335061 01/14/2016 NEW HORIZONS OF THE TREASURE COAST 23,461.75 335062 01/14/2016 TOCOMA RUBBER STAMP & MARKING SYSTEM 764.25 335063 01/J 4/20 l 6 NEW YORK TIMES 925 .60 335064 01/14/2016 FLORIDA STATE GOLF ASSOCIATION 412.00

18

3

TRANS NBR DATE VENDOR AMOUNT 335065 01/14/2016 CHANNING BETE CO INC 2,145.69 335066 01/J 4/2016 HENRY SMITH 144.00 335067 01/14/2016 G K ENVIRONMENTAL INC 800.00 335068 01/14/2016 AIRGAS CARBONIC INC 2,881.54 335069 01/14/2016 IDEA GARDEN ADVERTISING 150.00 335070 01/14/2016 DONADIO AND ASSOCIATES ARCHITECTS 4,101.52 335071 01/14/2016 HAYTH,HAYTH & LANDAU 125 .00 335072 01/14/2016 SIMPLEXGRINNELL LP 83.45 335073 01/14/2016 CAROLINA SOFTWARE INC 500.00 335074 01/14/2016 THEAVANTI COMPANY INC 3,1 92.00 335075 01/14/2016 RUSSELL PAYNE INC 435.75 335076 01/14/2016 TRANE US INC 69,424.00 335077 01/14/2016 TREASURE COAST MATS 476.00 335078 0 Ii] 4/2016 SCOTT MCADAM 25.98 335079 01/14/2016 CELICO PARTNERSHIP 2,036.71 335080 01/14/2016 CINTAS CORPORATION NO 2 185.46 335081 01/14/2016 FLORIDA DEPT OF JUVENILE ruSTICE 40,352.39 335082 01/14/2016 VAN WAL INC 163.00 335083 01/ 14/2016 THE CLEARING COMPANY LLC 2,045.00 335084 01/14/2016 STAPLES CONTRACT & COMMERCIAL INC 38.79 335085 01/14/2016 MAE FRANCES GARRETT 50.00 335086 01/14/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 243.24 335087 01/14/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 246.54 335088 01/14/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 137.56 335089 01/14/2016 ACCUITY 610.00 335090 01/ 14/2016 GARY L EMBREY 108.00 335091 01/14/2016 LARRY STEPHENS 162.00 335092 01/14/2016 CAROLE J MADIGAN 2,090.28 335093 01/14/2016 l ST FIRE & SECURJTY JNC 120.00 335094 01./14/2016 PETER OBRYAN 15.53 335095 01/ 14/2016 COMMUNICATIONS BROKERS & CONSULTANTS INC 6.37 335096 01/14/20 I 6 JOHNNY B SMITH 90.00 335097 01/1 4/2016 CHRIS K BLAHNIK 415.00 335098 0J/14/2016 GLOBALSTAR USA 11 7.49 335099 01/14/2016 FISHER & PHILLIPS LLP 8,11 J .40 335100 0l/14/2016 CEMEX 1,223.64 335101 Ol / 14/2016 BRIAN FREEMAN 16.02 335102 01/14/2016 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 250.00 335103 0liJ4/2016 RENAE CHANDLER 150.00 335104 01/14/2016 K'S COl\llMERCIAL CLEANING 20,179.45 335105 01/14/2016 YOUTH GUIDANCE DONATION FUND 1,250.00 335106 01/ 14/2016 NICOLA CE MARKETING INC 2,951.25 335 107 01/14/2016 TERESA PULIDO 330.00 335108 OJ /I 4/2016 VERA SMITH 36.00 335109 01/1 4/2016 GARRETT SMITH 108.00 335110 01/14/2016 GLISSON & CO INC 2,040.00 3351 11 01/14/2016 CIVILSURV DESIGN GROUP INC 831 .48 335112 01/14/2016 INEOS NEW PLANET BIOENERGY LLC 39.16 335113 01 /I 4/2016 WOERNER DEVELOPMENT INC 91.50 335114 01/14/20 l 6 CREATIVE POWER SOLUTIONS INC 4,918.60 335115 01/14/2016 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 33511 6 01/14/2016 KEMPER BUSINESS SYSTEMS 25.00 335117 01/1 4/2016 ECMC 241.92 33511 8 01/14/2016 YOUR AQUA INSTRUCTOR LLC 30.00 335119 01/14/2016 PICTOMETRY INTERNATIONAL CORPORATION 2,490.00 335120 01/14/2016 TREKKER TRACTOR LLC 8 l 1.94 335121 01/1 4/2016 CIT FINANCE LLC 186.21 335122 01/14/2016 BORRELLI & PARTNERS INC 7,899.96 335123 01/14/2016 GFA INTERNATIONAL INC 4,803.75 335124 01/1 4/2016 MOORE MOTORS 1.594.25

19

4

TRANS NBR DATE VENDOR AMOUNT 335125 01/14/2016 LINDA GRAHAM 150.00 335126 01/14/2016 REHMANN GROUP LLC 40,000.00 335127 01/14/2016 TIM ZORC 661.50 335128 01/14/2016 VINCENT BURKE 159.00 335129 01/14/2016 REPROGRAPIDC SOLUTIONS INC 41.04 335130 01/14/2016 BRYAN KLASSEN 225.00 335131 01/14/2016 LOWES HOME CENTERS JNC 723.57 335132 01/14/2016 LABOR READY SOUTHEAST INC 5,029.44 335133 01/14/2016 ALADTECJNC 105.60 335134 01/14/2016 CB&l COASTAL PLANNING & ENGINEERING INC 5,296.7] 335135 01/14/2016 EMILY K DIMATTEO 10.00 335136 01/14/2016 STEVEN G HANSEN 150.00 335137 01/14/2016 COMMERCIAL BUILDING MAINTENANCE 1,643.00 335138 01/14/2016 PENGUIN RANDOM HOUSE LLC 45.75 335139 01/14/2016 SCADA SOLUTIONS LLC 5,110.00 335140 01/14/2016 KANSAS STATE BANK OF MANHATTAN 1,028.97 335141 0l/14/2016 C E R SIGNATURE CLEANING 850.00 335142 01/14/2016 DEBORAH CUEVAS 36.00 335143 01/14/2016 BAUDVILLE INC 4,261.99 335144 01/14/2016 SAMBA HOLDINGS INC 1,165.59 335145 01/14/2016 FAMILY SUPPORT REGISTRY 9.66 335146 01/14/2016 FAMILY SUPPORT REGISTRY 146.79 335.147 01 / 14/2016 KESSLER CONSULTING lNC 5,882.50 335148 01/14/2016 TRINOYA-FLORIDA INC 9,093.43 335149 01 /14/2016 BERNARD EGAN & COMPANY 2,089.95 335150 01/14/2016 STS MAINTAIN SERVICES INC 1,450 00 335151 01/14/2016 COBRA GOLF INCORPORATED 288.42 335152 01/14/2016 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 335153 0 l/14/2016 SYLIVIA MILLER 2.439.00 335154 01/14/2016 THE TRANSIT GROUP INC 53,857.15 335155 01/14/2016 ANFIELD CONSULTING GROUP INC 10,000.00 335156 01/14/20 I 6 TK6 INC 4,740.40 335157 01/14/2016 GENlJINcPARTSCOMPANY 1,563.37 335158 01/14/2016 RED THE UNIFORM TAILOR 1,002.25 335159 01/14/2016 DELTA MANAGEMENT ASSOCJATES INC 407.0l 335160 01/14/2016 ENTERPRISE RECOVERY SYSTEMS INC 335.42 335161 01 /14/2016 CATHEDRAL CORPORATION 1,364.83 335162 01/14/2016 MILNER SPORTS LLC 720.00 335163 01/14/2016 SCREENVTSION 284.00 335164 01/14/2016 UNIFIRST CORPORATION 1,359.02 335165 01/14/2016 OMNI HOTELS & RESORTS 450.00 335166 01/14/2016 BEST AMERICAN WELDING SERVICES 3,003.00 335167 01/14/2016 VCAANIMAL HOSPITALS INC 428.53 335168 01/14/2016 WEST COAST TRENDS INC 589.36 335169 01/14/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 151.76 335170 01/14/2016 SITEONE LANDSCAPE SUPPLY LLC 2,369.83 335]7] 01 / 14/2016 DEBORAH A NOVACK 210.00 335172 01/14/2016 NATIONAL DIAMOND ENTERPRISES LLC 199.00 335173 01/14/2016 ADVANCE STORES COMPANY INCORPORATED 820.96 335174 01/14/2016 EXCEPTIONAL CARE OF TREASURE COAST 50.00 335175 01/14/2016 MAGGIE MCGUIRE 48.00 335176 01./14/2016 CHERYL LIVINGSTON 90.00 335177 01/14/20]6 KEM CONSULTING INC 228.00 335178 01/1 4/2016 THEAVANTJ COMPANY INC 22.22

Grand Total: 1,353,729.10

.20

5

ELECTRONIC PAYMENT - VISA CARD

TRANS.NBR DATE VENDOR AMOUNT 1008106 01/08/2016 AT&T 3,958.44 1008107 01/08/2016 OFFICE DEPOT BSD CUSTOMER SVC 453.81 1008108 01/08/2016 WASTE MANAGEMENT INC 2,692.83 1008109 01/08/2016 COMCAST 119.75 1008110 01/08/2016 WHEELABRATOR RIDGE ENERGY INC 4,750.65 1008111 01/08/2016 EVERGLADES FARM EQUIPMENT CO INC 819.46 1008112 01/08/2016 PRAXAIR DISTRJBUTION SOUTHEAST LLC 84.69 1008113 01/08/2016 COMMUNICATIONS INTERNATIONAL 139.00 1008114 01/08/2016 HENRY SCHEIN INC 4.29 1008115 01/08/2016 COLD AIR DISTRIBUTORS WAREHOUSE 295.73 1008116 01/08/2016 INDIAN RIVER BATTERY 833.65 1008117 01/08/2016 INDIAN RIVER OXYGEN INC 158.50 1008118 01/08/2016 MIKES GARAGE & WRECKER SERVICE INC 65.00 1008119 01/08/2016 APPLE INDUSTRIAL SUPPLY CO 341.30 1008120 0l /08/2016 IRRIGATION CONSULTANTS UNLIMITED INC 22.94 1008121 01/08/2016 GROVE WELDERS INC 348.05 l008122 01/08/2016 RECORDED BOOKS LLC 173.20 1008123 01/08/2016 COMMUNITY ASPHALT CORP 162.64 1008124 01/08/2016 COMMERCIAL ENERGY SPECIALISTS 494.23 1008125 01/08/2016 COMO OIL COMPANY OF FLORIDA 101.21 1008126 01/08/20 I 6 GLOBAL GOLF SALES INC 210.72 1008127 01/08/2016 COMPLETE ELECTRJC INC 170.40 1008128 01/08/2016 MIDWEST MOTOR SUPPLY CO 1,212.18 1008129 01/08/2016 CAPITAL OFFICE PRODUCTS 10.99 1008130 01/08/2016 BENNETT AUTO SUPPLY INC 1,229.73 1008131 01/08/2016 L&L DISTRIBUTORS 1,542.43 1008132 01/08/2016 PACE ANALYTICAL SERVICES INC 108.00 1008133 01/08/2016 EASY PlCKER GOLF PRODUCTS INC 1,475.69 1008134 01/08/2016 IMAGENET CONSULTING LLC 366.56 1008135 01/08/2016 FPS OFFICE SOLUTIONS LLC 143.10 1008136 01/08/2016 ALLIED DIVERSIFIED OF VERO BEACH LLC 3,845.00 1008137 01/12/2016 AT&T 10.33 1008138 0l/12/2016 OFFICE DEPOT BSD CUSTOMER SVC 610.02 1008139 01/12/2016 CALLAWAY GOLF SALES COMPANY 527.54 1008140 01/12/2016 WASTE MANAGEMENT INC 62.72 1008141 01/14/2016 HENRY SCHEIN INC 913.18 1008142 01/14/2016 INDIAN RJVER BATTERY 354.45 1008143 01/14/2016 INDIAN RIVER OXYGEN INC 4,058.45 1008144 01/14/2016 DAVIDSON TITLES INC 14,241.14 1008145 01/14/2016 GALLSLLC 470.00 1008146 01/14/2016 ABCO GARAGE DOOR CO INC 119.00 1008147 01/14/2016 AIR COMPRESSOR WORKS 709.85 1008148 01/14/2016 ALLIE D UNIVERSAL CORP 3,354.99 1008149 01/14/2016 IRRJGATION CONSDlTANTS UNLIMITED INC 129.31 1008150 01 /14/20 I 6 GROVE WELDERS INC 388.22 1008151 01./14/2016 FERGUSON ENTERPRISES INC 21 ,816.30 1008152 01/14/2016 COMO OIL COMPANY OF FLORIDA 225.42 1008153 01/14/2016 CAPITAL OFFICE PRODUCTS 818.77 1008154 01/14/20]6 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 556.53 1008155 01/14/2016 IDA SYSTEMS 575.00

Grand Total: 76,275.39

.21

ELECTRONIC PAYMENTS - WIRE & ACH

TRANS NBR DATE VENDOR AMOUNT 4055 01./08/2016 IRS-PAYROLL TAXES 8,996.50 4056 01/08/2016 FL RETIREMENT SYSTEM 11,106.33 4057 01/08/2016 AMERlCAN FAMILY LIFE ASSURANCE CO 28,5 12.72 4058 01/08/2016 VETERANS COUNCIL OF I R C 9.535.43

4059 01/0812016 R W WILSON AND AS SOCIA TES LLC 4 ,090 .00 4060 01/08/2016 KIMLEY HORN & ASSOC INC 42,445.25

P-CARD 01/11 /2016 WELLS FARGO BANK, N.A. 35,456.40

4061 01/13/2016 IRS-PAYROLL TAXES 8,753.03

Grand Total: 148.895.66

.21

JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960

TO:

FROM:

THRU:

DATE:

SUBJECT:

HONORABLE BOARD OF COUNTY COMMISSIONERS

DIANE BERNARDO, FINANCE DIRECTOR

JEFFREY R. SMITH, COMPTROLLER <::::::xt../J · January 21, 2016 {/...,_,

APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 15, 2016 to January 21, 2016

In compliance with Chapter 136.06, Florida Statutes, all 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 lists of checks and electronic payments, issued by the Comptroller's office, for the time period of January 15, 2016 to January 21, 2016. Attachment:

DLB:DB

.23

CHECKS WRITTEN

TRANS NBR DATE VENDOR AMOUNT 335179 01/21/2016 PORT CONSOLIDATED INC 55,157.68 335180 01/21/2016 JORDAN MOWER INC 317.21 335181 01 /21/2016 RANGER CONSTRUCTION INTI INC 416.16 335182 01/21/2016 VERO CHEMICAL DISTRIBUTORS INC 390.40 335183 01/21/2016 RJCOH USA INC 144.37 335184 01/21/2016 RICOH USA INC 103.21 335185 01/21/2016 RICOH USA INC 34.28 335186 0l/21/2016 STEWART MATERJALS INC 755.34 335187 01 /2 1/2016 AT&T WIRELESS 74.12 335188 01 /21/2016 AT&T WIRELESS 780.63 335189 01/21(2016 DATA FLOW SYSTEMS INC 420.40 335190 01 /21/2016 BG KENN INC 27.38 335191 01/21/2016 DELTA SUPPLY CO 15.42 335192 01/21/2016 E-Z BREW COFFEE & BOTTLE WATER SVC 19.00 335193 0l/21/2016 GRAINGER 150.22 335194 01/21 /2016 MY RECEPTIONIST INC 268.94 335195 01/21/2016 AMERJGAS EAGLE PROPANE LP 204.01 335196 0 l /21 /2016 AMERlGAS EAGLE PROPANE LP 275.00 335197 01/21/2016 AMERJGAS EAGLE PROPANE LP 2,457.14 335198 01/21/2016 HACH CO 445 .98 335199 01/21 /2016 LFl FORT PIERCE INC 4,985.38 335200 01/21/2016 CLIFF BERRY INC 25.50 335201 01/21/2016 MASTELLER MOLER & TAYLOR INC 2,937.55 335202 01/21/2016 DEEP SIX DIVE SHOP INC 2,019.78 335203 01/21/2016 KSM ENGTh"'EERING & TESTING INC 521.00 335204 01/21/2016 HD SUPPLY WATERWORKS, LTD 3.213.50 335205 01 /21/2016 BOUND TREE MEDICAL LLC 62.00 335206 01/21/2016 PETES CONCRETE 5,900.00 335207 01 /21/2016 VERO INDUSTRIAL Sl.JPPLY INC 120.97 335208 01/21/2016 TIRESOLES OF BROWARD JNC 3,962.2 1 335209 01/21/2016 PARAGON ELECTRIC INC 227.50 335210 Ol/21/2016 BARTH CONSTRUCTION INC 472,909.46 335211 01/21/2016 PRECISION SMALL ENGINE CO INC 277.75 335212 01/21/2016 DELL MARKETING LP 12,053.83 335213 01/21/2016 GOODYEAR AUTO SERVICE CENTER 935.28 335214 01/21/2016 SIGNS IN A DAY 48.00 335215 0]/21/2016 BAKER & TAYLOR INC 5,279.64 335216 01/21/2016 MIDWEST TAPE LLC 520.10 335217 01 /2 1/2016 NORTHER..~ SAFETY CO JNC 206.78 335218 01/21/2016 PRECISION CONTRACTING SERVICES INC 13,815.25 335219 01/21/2016 MlCROMARKETJNG LLC 207.28 335220 01/21/2016 WHEELED COACH 135.02 335221 01/21 /2016 NEWSBANK INC 1,773.20 335222 01/21/2016 LINDSEY GARDENS LTD 500.00 335223 0 l /2112016 CREATIVE CHOICE HOMES XVI LTD 529.00 335224 01/21/2016 PARK.SAND SON INC 1,753.80 335225 01/21/2016 CLERK OF CIRCUIT COURT 600.00 335226 01/21/2016 ClTY OF VERO BEACH 101,161.57 335227 01/2 1/20 16 CITY OF VERO BEACH 86.70 335228 01/21/2016 INDIAN RIVER ALL FAB INC 207.50 335229 01/21/2016 FLORIDA DEPARTMENT OF BUSINESS AND 9,449.42 335230 0l/21/2016 FLORIDA EAST COAST RAILWAY LLC 5,538.00 335231 01/21/2016 LIVINGSTON PAGE 126.00 335232 01/21/2016 JANITORIAL DEPOT OF AMERICA lNC 167.58 33 5233 01/2 1/2016 FLORIDA FISH & WILDLIFE 6,257.29 335234 01 /2 1/20]6 HUMANE SOCIETY 22,570.00 335235 01/21 /2016 PERCONTJ DATA SYSTEMS INC 48,000.00 335236 01/21/2016 ACUSHNET COMPANY 1.047.55

.24

TRANS NBR DATE VENDOR AMOUNT 335237 01/21/2016 INTERNATIONAL GOLF MAINTENANCE INC 1,000.00 33523& 01/21 /2016 EXCHANGE CLUB CASTLE 2,749.26 335239 0li21/2016 ST JOHNS RIVER WATER MGMT DISTRICT 490.00 335240 0 l/21/2016 WEST PUBLISHING CORPORATION 377.00 335241 01/21/2016 FEDERAL EXPRESS CORP 41.75 335242 01/21/2016 MORGAN & EKLUND INC 24,322.50 335243 01/21/2016 CITY OF SEBASTIAN 1,955.17 335244 01/21 /2016 TIMOTHY ROSE CONTRACTING INC 99,770.90 335245 01/21/2016 ROSEN CENTRE HOTEL 278.00 335246 01/21 /2016 FLORIDA POWER AND LIGHT 55,910.92 335247 01/21/2016 PUBLIC DEFENDER 3,096.21 33524& 01 /21/2016 TAYLOR MADE GOLF CO INC 308.03 335249 01/21/2016 GIFFORD YOUTH ACTIVITY CENTER INC 7,125.00 335250 01/21/2016 STATE ATTORNEY 12,304.07 335251 0l/2l/2016 PEACE RIVER ELECTRlC COOP INC 366.00 335252 01/21/2016 LANGUAGE LINE SERVICES INC 597.35 335253 01/21 /2016 STRUNK FUNERAL HOMES & CREMATORY 425.00 335254 01/21/2016 JOSEPH A BAIRD 605.00 335255 01/21/2016 JASON E BROWN 50.00 335256 01/21/2016 BUILDING OFFICIALS ASSOC OF FLORJDA 1,033.68 335257 01/21/2016 CHANNING BETE CO INC 500.00 335258 0 1/21/2016 SOLID WASTE ASSOC OF NORTH AMERICA 250.00 335259 01 /21/2016 FLORJDAASSOCIATION OF COUNTY ATTORNEYS 375.00 335260 01/21/2016 ESRI INC 475.00 335261 01/21/2016 HENRY SMITH 108.00 335262 01/21/2016 NEXTRAN CORPORATION 95.&2 335263 01/21/2016 GK ENVIRONMENTAL INC 5,425.00 335264 01/21/2016 INTERNATIONAL CODE COUNCIL INC 331.95 335265 01/21 /2016 PINNACLE GROVE LTD 854.00 335266 01/21/2016 CRAIG MERRILL 425.00 335267 0li21/2016 THE PALMS AT VERO BEACH 485.00 335268 01/21/2016 NATIONAL HURRICANE CONFERENCE 350.00 335269 01/21/2016 RUSSELL PAYNE INC 326.55 335270 01 /21 /2016 TRANE US INC 127,892.30 335271 01/21/2016 VAN WAL INC &35.00 335272 01/21/2016 MT CAUSLEY INC 11,760.00 335273 01/21/2016 OCLC ONLINE COMPUTER LIBRARY CENTER 409.60 335274 01/21/2016 CENTRAL PUMP & SUPPLY INC 156.57 335275 01/21/2016 STAPLES CONTRACT & COMMERClAL lNC 1,084.96 335276 0 l/21 /2016 GARYLEMBREY 144.00 335277 01/21/2016 LARRY STEPHENS 90.00 335278 01/21/2016 ORCHID ISLAND PROPERTY MGMT II INC 3,450.00 335279 01/21/2016 HALLlDA Y, ROBERT J 36.91 335280 01/21/2016 JOHNNYB SMITH 180.00 335281 01/21/2016 CEMEX 1,212.50 335282 01/21/2016 ORCHID ISLAND GOLF & BEACH CLUB 850.00 335283 01/21/2016 LAZY JLLC 309.00 3352&4 01/21/2016 RENAE CHANDLER 60.00 335285 OJ /21/2016 TREASURE COAST FOOD BANK INC 269.38 335286 01/21/2016 JOHN MESKILL 370.00 335287 01/21/2016 EQ THE ENVIRONMENTAL QUALITY COMPANY 22.730.55 3352&8 01/21/2016 TRITELINC 99.00 335289 01/21/20] 6 EMERGENCY TRAINING ASSOCIATES 2,188.40 335290 01/21/2016 RAINBOW GROUP LLC 917.00 335291 0)/21/2016 VERASMlTH 72.00 335292 01/21/2016 GARRETT SMITH 162.00 335293 01/21/2016 AMERJCHEM LAWN & PEST CONTROL INC 300.00 335294 01/21/2016 MASTER METER TDS 1,500.00 335295 01/21 /2016 DAILY DOSE CAFE 149.25 335296 01/21/2016 DAILY DOSE CAFE 150.00

.25

2

TRANS NBR DATE VENDOR AMOUNT 335297 01/21/2016 YAMAHA GOLF CAR COMPANY 254,500.00 335298 01/21/2016 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 335299 01/21/2016 TORRES ELECTRICAL SUPPLY COMPANY INC 3,320.00 335300 0l /21/2016 TRACKER SOFTWARE CORPORATION 4,742.00 335301 01/21/20 l 6 YOURAQUAINSTRUCTOR LLC 30.00 335302 01/21/2016 MURPHY & WALKER PL 5,069.70 335303 01/21/2016 OVERDRIVE INC 503.05 335304 01/2) /2016 SOUTHEASTERN SECURITY CONSULTANTS INC 407.00 335305 01/2)/2016 ALAN JAY CHEVROLET CADILLAC 36,521.70 335306 01/21/2016 TIM ZORC 363.01 335307 01/21/2016 LOWES HOME CENTERS INC 824.58 335308 01/21/2016 LABOR READY SOUTIIEAST INC 2,611.44 335309 01/21/2016 EMILY K DIMATTEO 10.00 335310 01/21/2016 BURNETT LIME CO INC 6,407.80 33 5311 01/21/2016 PENGUIN RANDOM HOUSE LLC 187.50 335312 01/21/2016 KANSAS STATE BANK OF MANHATTAN 138.40 335313 01/21/2016 GLS FUND VERO LLC 554.00 335314 01/21/2016 DEBORAH CUEVAS 180.00 335315 01/21 /2016 CHEMTRADE CHEMICALS CORPORTATION l ,848.82 335316 01/21/201 6 DYLAN REINGOLD 372.39 335317 01/21/2016 AMERITAS 24,528.50 335318 0l/21/2016 EAST COAST VETERINARY SERVICES LLC 54.00 335319 01/21/2016 BRYAN CAVE LLP 71,611.19 335320 01/21/2016 SKECHERS USA INC 88.01 335321 01/21/2016 MASCHMEYER CONCRETE COMPANY OF FLORIDA 9,465.64 335322 01/2 l /201 6 HAWKINS INC 3,712.50 335323 01/21/2016 ENCORE ONE LLC 2.271.86 335324 01/21/2016 TK6 INC 3,532.40 335325 01/21/2016 KAMAN INDUSTRlAL TECHNOLOGIES CORPORATION 4,537.40 335326 01/21/2016 R W WILSON AND ASSOCIATES LLC 4,090.00 335327 01/21/2016 GENUINE PARTS COMPANY 1,333.27 335328 01/21/20 16 BERGER SINGERMAN LLP 11,722.50 335329 01/21/2016 TRIBOND LLC 8,167.44 335330 01/21/2016 RED THE UNIFORM TAILOR 377.00 335331 01/21 /20 16 CATHEDRAL CORPORATION 1,398.41 335332 0I/21/20 I 6 GERELCO TRAFFIC CONTROLS INC 26,257.50 335333 01/21 /2016 UNIFIRST CORPORATION 1,882.14 335334 01/21/2016 FASTCASE INC 1,890.00 335335 0 I /21/20 I 6 VCAANIMAL HOSPITALS INC 558.50 335336 01/21 /201 6 WILSON SPORTING GOODS CO 954.00 335337 01/21/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 736.06 335338 01/2 l /20 I 6 SITEONE LANDSCAPE SUPPLY LLC 27.09 335339 01/21/2016 DENISE GILLESPIE 30.00 335340 01/21 /2016 LOUIS GOLATO 999.00 335341 01/21/2016 CROSSOVER MISSION 5,093.15 335342 01/21/2016 PATRICIA PRUETT 38.20 335343 01/21/2016 QUALITY HEALTHCARE INC OF FLORIDA 2,003.06 335344 01/2 1/2016 UTIL REFUNDS 64.38 335345 01/21/2016 UTIL REFUNDS 115.10 335346 01 /21/2016 UTIL REFUNDS 12 1.48 335347 01/21/2016 UTIL REFUNDS 76.46 335348 01/21/2016 UTIL REFUNDS 5.43 335349 01/2 J/2016 UTJL REFUNDS 5.97 335350 01/21/2016 UTIL REFUNDS 132.21 335351 01/2)/2016 UTlL REFUNDS 23.54 335352 01/21/2016 UTIL REFUNDS 33.11 335353 01/21/2016 UTlL REFUNDS 3.07 335354 01/21 /2016 UTIL REFUNDS .10.26 335355 01/21 /2016 UTILREFUNDS 48.75 335356 01/21/2016 UTIL REFUNDS 75.96

.26 " .,

TRANS NBR DATE VENDOR AMOUNT 335357 01/21/2016 UTIL REFUNDS 118.42 335358 01/21/2016 UTILREFUNDS 41.77 335359 01/21/2016 UTIL REFUNDS 21.35 335360 01/21/2016 UTILREFUNDS 47.24 335361 01/21/2016 UTILREFUNDS 141.58 335362 01/21/2016 UTILREFUNDS 34.65 335363 01/21/2016 UTILREFUNDS 75.12 335364 01/21/2016 UTIL REFUNDS 86.53 335365 01/21/2016 UTIL REFUNDS 69.21 335366 01/21/2016 UTIL REFUNDS 8.27 335367 01/21 /2016 UTIL REFUNDS 38.76 335368 01/21/2016 UTILREFUNDS 14.17 335369 01/21/2016 UTIL REFUNDS 54.35 335370 01/21/2016 UTILREFUNDS 75.96 335371 01/21/2016 UTIL REFUNDS 78.47 335372 01/21/2016 UTIL REFUNDS 30.80 335373 01/21 /2016 UTIL REFUNDS 57.49 335374 01/21 /2016 UTIL REFUNDS 13.35 335375 01/21/2016 UTIL REFUNDS 36.85 335376 01/21/2016 UTlL REFUNDS 15.19 335377 01 /21 /2016 UTIL REFUNDS 83.85 335378 01/21/2016 UTIL REFUNDS 25.68 335379 01/21/2016 UTILREFUNDS 225.01 335380 01/21/2016 UTILREFUNDS 59.71 335381 01/21 /2016 UTIL REFUNDS 45.73 335382 01/2 1/2016 UTIL REFUNDS 51.97 335383 01/21/2016 UTIL REFUNDS 390.95 335384 01/21 /2016 UTILREFUNDS 39.04 335385 01/21/2016 UTILREFUNDS 52.76 335386 01/21 /2016 UTILREFUNDS 84.00 335387 01 /2 1/2016 UTILREFUNDS 38.76 335388 01/21/2016 UTILREFUNDS 68.06 335389 01/21/2016 UTILREFUNDS 73.58 335390 01/21/2016 UTILREFUNDS 71.48 335391 01/21/2016 UTILREFUNDS 40.47 335392 01/21/2016 UTILREFUNDS 26.27 335393 01/2 l /2016 UTILREFUNDS 44.60 335394 01 /2 1/2016 UTIL REFUNDS 39.62 335395 01 /2 1/2016 UTILREFUNDS 42.04 335396 01/21/2016 UTILREFUNDS 23.25 335397 01/21 /2016 UTIL REFUNDS 19.27 335398 01/21/2016 UTILREFUNDS 37.61 335399 01/21/2016 UTIL REFUNDS 72.01 335400 01/21/2016 UTIL REFU}ff)S 88.57 335401 01/21/2016 UTILREFUNDS 65.23 335402 01/21/2016 UTILREFUNDS 65.07 335403 01/21 /2016 UTILREFUNDS 68.06 335404 01/21/2016 LITILREFUNDS 30.77 335405 01/21/2016 UTILREFUNDS 46.99 335406 01/2 1/2016 UTILREFUNDS 43.72 335407 01/21 /2016 UTILREFUNDS 28.78 335408 01/21/2016 UTILREFUNDS 68.06 335409 01/21/2016 UTILREFUNDS 40.82 335410 01/21/2016 UTILREFUNDS 42.18 335411 01/2 1/2016 UTILREFUNDS 73.58 335412 01/21 /2016 UTILREFUNDS 24.85 335413 01/2 1/201 6 UTILREFUNDS 44.88 335414 01/21/2016 UTILREFUNDS 45.89 335415 01 /21/2016 UTIL REFUNDS 39.20 335416 01/21/2016 UTILREFUNDS 17.73

27

4

TRANS NBR DATE 335417 01/21/2016 335418 01/21/2016

Grand Total:

VENDOR UTIL REFUNDS UTIL REFUNDS

AMOUNT 40.41 4 1.46

1,703,146.29

5

.28

ELECTRONIC PAYMENT - VISA CARD

TRANS.NBR DATE VENDOR AMOUNT 1008156 01/15/2016 AT&T 3,021.64 1008157 01/15/2016 OFFICE DEPOT BSD CUSTOMER SVC 766.31 1008158 01/ 15/2016 WASTE MANAGEMENT INC 2,35 I .35 1008159 01/1 &/2016 EVERGLADES FARM EQUIPMENT CO INC 35.04 1008160 01/1 8/2016 COMMUNICATIONS INTERNATIONAL 60.00 1008161 01/18/2016 COLD AIR DISTRIBUTORS WAREHOUSE 144.82 1008162 01/18/2016 INDIAN RIVER BATTERY 939.75 1008163 01/18/2016 DEMCOINC 161.83 1008164 01/18/20 I 6 ALLIED UNIVERSAL CORP 7,591.45 1008165 01/18/2016 FERGUSON ENTERPRISES INC 4,700.00 1008166 01/18/2016 ROGER CLEVELAND GOLF INC 1,698.00 1008167 01/18/2016 DUNKELBERGER ENGINEERING & TESTING 772.50 1008168 01/18/2016 GLOBAL GOLF SALES INC 405.09 1008169 01/ 18/2016 CAPITAL OFFICE PRODUCTS 802.62 1008170 01 / 18/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 127.24 1008171 01/18/2016 BENNETT AUTO SUPPLY INC 606.15 1008172 01/18/2016 AUTO PARTNERS LLC 119.86 1008173 Olil&/2016 L&L DISTRIBUTORS 186.18 1008174 01/18/2016 HYDRA SERVICE (S) INC 1,925.83 1008175 Ol/18/2016 EASY PICKER GOLF PRODUCTS INC 1,572.20 1008176 01/18/2016 IMA GENET CONSULTING LLC 87.00 1008177 01/21 /2016 AT&T 8,646.63 1008178 01/21/2016 OFFICE DEPOT BSD CUSTOMER SVC 8 I 1.50 1008179 01/21/2016 WASTE MANAGEMENT INC 2,188.17 1008180 OJ /21/2016 POLYDYNE INC 5,014.00

Grand Total: 44,735.16

.29

TRANS NBR 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083

Grand Total:

ELECTRONIC PAYMENTS - WlRE & ACH

DATE 01/15/2016 01/15/2016 01/15/2016 01/15/2016 01/15/2016 01/ 15/2016 01/15/2016 01/15/2016 01/15/2016 01/15/2016 01/15/2016 01/15/2016 01/15/2016 01/15/2016 01/19/2016 0l /19/2016 01/20/2016 Ol /21/2016 01/21/2016 01 /21/2016 01/21/2016 01/21/2016

VENDOR FLORIDA LEAGUE OF CITIES, INC FLSDU NA CO/SOUTHEAST IRC FIRE FIGHTERS ASSOC NA CO/SOUTHEAST ICMA RETIREMENT CORPORATION ICMA RETIREMENT CORPORATION KERNS CONSTRUCTION & PROPERTY SENIOR RESOURCE ASSOCIATION WRIGHT EXPRESS FSC KAST CONSTRUCTION COMPANY LLC COLLINS, BROWN, CALDWELL, BARKETT, BENEFITS WORKSHOP BENEFITS WORKSHOP IRS-PAYROLL TAXES SCHOOL DISTRICT OF 1 R COUNTY I RC HEALTH INSURANCE - TRUST B/C BIS OF FL ADM FEE HEALTH ADVOCATE MUTUAL OF OMAHA MUTUAL OF OMAHA IRS-PAYROLL TAXES

AMOUNT 8,080.81 5,508.08

664.67 6,330.00

27,177.82 2,200.00

11 ,269.6 1 86,827.20

260.588.12 16,779.71

1,006,800.00 40,365.03

612.25 7,400.19

446,212.75 186,844.00 478,785.18

34,765.20 1,148.40

16,664.09 6,684.00

308.37 2,652,015.48

30

JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945

TO:

FROM:

THROUGH:

DATE:

SUBJECT:

Board of County Commissioners

Diane Bernardo, Finance Director @ Jeffrey R. Smith, Clerk of the Circuit Court and Comptrolle~

January 12, 2016 U Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 12/31/15

BACKGROUND

On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine.

Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee is effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools".

Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. The Board currently carries a balance of $39,288.

The Clerk's office will continue to provide a quarterly report of the traffic education trust activity.

RECOMMENDATION

Staff recommends that the Board of County Commissioners accept the attached report.

31

REVENUES Fines and forfeitures Interest

Total Revenues

EXPENDITURES Public Safety

Total Expenditures

Net change in fund balances

Fund balances at beginning of year

Fund balances at end of year

FY03 10/01/2002-9/30/2003

$ 42,563 222

42,785

--

42,785

42,785

FY04 FYOS 10/01/2003- 10/01/2004-9/3012004 9/30/2005

$ 42,225 $ 41,794 686 2,130

42,911 43,924

42,911 43,924

42,785 85,696

85,696 129,620

Indian River County, Florida Statement of Revenues, Expenditures and Changes in Fund Balances

Traffic Education Program

FY 06 FY07 FYOB FY09 FY10 FY11 10/01/2005- 10/01/2006- 10/01/2007- 10/01/2008- 1010112009- 10/01/2010-9/30/2006 9/30/2007 9130/2008 9/30/2009 9/30/2010 9/30/2011

$ 48,372 $ 9,537 $ 1,575 $ 744 $ 525 $ 384 5,797 8,426 4,999 2,989 753 240

54,169 17,963 6,574 3 733 1,278 624

25,188 44,373 36,210 29,962 35,317 7,565 25,188 44,373 36,210 29,962 35,317 7,565

28,981 (26,410) (29,636) (26,229) (34,039) (6,941 )

129,620 158,601 132,191 102,555 76,326 42,287

158,601 132,191 102,555 76,326 42,287 35,346

FY12 10/01/2011-9130/2012

$ 213 104 317

8,900 8,900

(8,583)

35,346

26,763

FY13 FY14 FY15 10/01/2012- 10/0112013- 10/01/2014-9130/2013 9130/2014 9/30/2015

$ 36 $ 15 $ 31 ,987 70 28 59

106 43 32,046

12,460 6,675 6,230 12,460 6,675 6 ,230

(12,354) (6,632) 25,816

26,763 14,409 7 ,777

14,409 7,777 33,593

School District of Indian River County St. Edwards School

Total D isbursed to Date

YTD FY16 10/01/2015-12/31/2015

$ 9,700

-9,700

4,005 4,005

5,695

33,593

39,288

Inception to Date Totals

256,173

216,885

39,288

$ 114,535 $ 102,350 $ 216,885

N ~

Dylan Reingold, County Attorney William K. DeBraal, Deputy County ,1.ttorney Kate Pingolt Cotner, Assistant County Attorney

Consent Agenda - B.C.C. 2.2.16

Office of INDIAN RIVER COUNTY

ATTORNEY

MEMORANDUM

TO: Board of County Commissioners

FROM: Dylan Reingold, County Attorney Qt"L DATE: January 18, 2016

SUBJECT: Perez v. Stericycle Settlement

BACKGROUND.

Stericycle, Inc. ("Stericycle") is an Illinois company that provides regulated medical waste management services and pharmaceutical returns services to medical offices, hospitals and other health care providers. In July 2013, Jennifer Perez filed a second amended complaint against Stericycle alleging Stericycle improperly increased the service price to various governmental customers beginning in January I , 2003. Ms. Perez included claims on behalf of several states, including the State of Florida. In October 2015, a settlement of the case was reached in which Stericycle agreed to pay $28.5 million, including attorneys' fees. Indian River County has been identified as a local government that is entitled to participate in the settlement. The Florida Attorney General has sent Indian River County a check in the amount of $9,053.32. Indian River County has until February 29, 2016 to deposit the check and waive and relinquish its rights to any claims against Stericycle.

Indian River Co.

Approved f or February 2, 2016 BCC Meeting Admin.

~Age~

PcoUNTY ATTORNEY

Co. Atty.

Budget

Department

Risk Management

F: IAtlomey'.l.indti ;GENERALlB C C'.Agenda Memos\Stericycle Se«lemenf.dnc- 33

Board of County Commissioners January 18, 2016 Page Two

FUNDING.

If the Indian River County Board of County Commissioners votes to accept the settlement, the $9,053.32 will be deposited into the general fund.

RECOMMENDATION.

The County Attorney's Office recommends that the Board of County Commissioners vote to deposit the check and thus participate in the settlement.

ATTACHMENT(S).

Letter from Florida Attorney General Pam Bondi, dated January 12, 2016.

f.'.·'.AI!art1e)i•Lind(J1.G&V£RA.1. \/j C CiAgenda Memos'Sterlcycle Senlemen1.doc

34

STATE OF FLORIDA

January 12, 2016

VIA OVERNIGHT MAIL

Mr. Joseph A. Baird County Administrator Indian River County 1801 27th Street Vero Beach, FL 329603365

PAM BONDI ATTORNEY GENERAL

Notice of Settlement of United States of America et al. ex rel. Perez v. Stericycle, Inc., Civil Action No. 1 :08-cv-2390, United States District Court for the Northern District of Illinois

Dear Mr. Baird:

I am pleased to inform you of an October 8, 2015, multistate settlement of the above-captioned litigation. You are receiving this notice and payment because your organization has been identified as a local governmental entity that is entitled to participate in the settlement proceeds. Accordingly, I am happy to present the enclosed check for $9,053.32 for your consideration.

This check constitutes your entity's pro rata share of the proceeds under a settlement agreement entered into by my office. The settlement is the result of a qui tam or False Claims Act lawsuit which alleged Stericycle, Inc. ("Stericycle") may have overcharged many governmental customers through the use of impermissible fuel and energy surcharges. Enclosed for your information is the complaint filed in the lawsuit and the settlement agreement.

While the lawsuit did not include local government purchases in Florida, my office asked that the settlement be expanded to provide relief to local governmental entities and Stericycle agreed to my request. In connection with the settlement discussions, Stericycle provided my office with purchase data for Florida local governmental entities. My office then used that purchase information and a common damage formula to determine the amount that each governmental entity would receive.

PL-OJ, The Capitol, Tallahassee, Florida 32399-1050, Telephone (850) 414-3300 Fax (850) 487-2564 35

By accepting and depositing the enclosed check by February 29, 2016, you are consenting to the provisions of the enclosed Settlement Agreement, including the provision in Paragraph 7 of the Agreement. If you do not deposit the enclosed check by February 29, 2016, you will forfeit your pro rata share of the settlement proceeds.

While the ultimate decision must be made by your entity, my office believes that the settlement represents a favorable outcome. If you have any questions about this notice or the settlement terms, please feel free to contact the lead attorney in my office, Russell Kent, (850) 414-3854 or [email protected].

Thank you for allowing me the opportunity to serve you.

Sincerely,

Pam Bondi Attorney General

Enclosures

36

JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945

TO: Board of County Commissioners

FROM: Edward Halsey, Internal Auditor ff THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller ~

DATE: January 22, 2016

SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2015

BACKGROUND

Attached to this memorandum is the report of the tourist development tax monies collected in Clerk's office for quarters ended December 31 , 2014 and 2015. The report shows five categories of activity including short-term rentals.

RECOMMENDATION

Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report.

Indian River Count

Administrator

Risk Mana ement

37

Short term Rentals Hotel/ Motel Boarding/ Apartments Mobile Homes Timeshare

Indian River County Tourist Development Tax Received by the Indian River County Clerk of the Circuit Court and Comptroller

Quarters Ended December 31, 2014 and 2015

Collections Collections Quarter Quarter Collections Ended % Ended % Increase %

12/31/2014 OfTotal 12/31/2015 OfTotal {Decrease) Change $ 71,030 19.04% $ 88,364 19.84% $ 17,334 24.40%

279,975 75.06% 332,722 74.71% $ 52,747 18.84% 4,579 1.23% 5,777 1.30% $ 1,198 26.16% 4,563 1.22% 4,456 1.00% $ (107) -2.34%

12,879 3.45% 14,043 3.15% $ 1,164 9.04% $ 373,026 100.00% $ 445,362 100.00% $ 72,336 19.39%

00 ~

CZF Office cf Consent02/02/ 2016

Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney

INDIAN RIVER COUNTY ATTORNEY

MEMORANDUM

TO:

FROM:

DATE:

Board of County Commissioners rl f!Q_____ William K. DeBraal, Deputy County Attorne~

January 27, 2016

SUBJECT: Third Version of Corrected First Amendment to Lease Agreement with AT&T Mobility for Colo cation on 1340 Old Dixie Highway Tower

On May 19, 2015, the Board approved a First Amendment to Lease Agreement (First Amendment) with AT&T Mobility for colocation on the tower located at 1340 Old Dixie Highway, Vero Beach. After the Board approved the May 19 document, AT&T Mobility requested changes to be made to the May 19 document, including the name of the Tenant be changed to New Cingular Wireless PCS, a Delaware limited liability company. They also asked to change the contact names and addresses on the First Amendment. The Board approved those changes on September 15, 2015. Unfortunately, AT&T/New Cingu!ar Wireless failed to get their attorneys' approval of the September 15, 2015 version and now present a third version of the Corrected First Amendment to License Agreement for Board consideration and approval. You will note the sixth WHEREAS clause highlights the changes between the Board approved May 19 and September 15, 2015 First Amendment and this Corrected First Amendment. Staff has no objections to the proposed changes on this latest document. You will note that Cingular Wireless has signed the Corrected First Amendment.

Funding: Per the agreement, the County is entitled to 50% of the rent, which revenue is $12,1 71 .24 for the first year. These funds will be deposited into the general revenue fund.

Recommendation: The County Attorney's Office recommends the Board approve the third version of the Corrected First Amendment to Lease Agreement for the 1340 Old Dixie Highway site and authorize the Chairman to execute the Corrected Amendment on behalf of the Board.

c: Manny Cabo Charles F. Fink [email protected] Bonnie Merkt, Esq. [email protected]

lndilf\ Riv~ Ca :) / ;

.. PPROVE'.O FOR~ - , ·J-, - 1 ~ L-8.C.C ~J)~-;trG"t_::

V couNTY ATTORNEY

Admln.

Legal

Budget

Dept.

Alsk Mgr.

39

CORRECTED FIRST AMENDMENT TO LEASE AGREEMENT

THIS FIRST AMENDMENT TO LEASE AGREEMENT (this Amendment) to provide for Co-location is entered into this llj day of (J"AN. , 2015, between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") 1801 27th Street, Vero Beach, Florida, 32960 and New Cingular Wireless PCS, a Delaware limited liability company, by, ("TENANT"), whose address is 57S Morosgo Drive, Atlanta, Georgia 30324.

WITNESSETH

WHEREAS, COUNTY and TENANT entered into a Lease Agreement dated December 19, 1995 (the "Lease"), whereby TENANT would construct a communications tower on property leased from COUNTY located at 1340 Old Dixie Highway, Vero Beach, Indian River County, FL 32960, the legal description of which is attached as Exhibit "A" and incorporated by reference herein; and

WHEREAS, T ALCOM was the original Lessee on the Lease but over the ensuing 20 years, the cellular industry has seen frequent mergers and acquisitions which have resulted in New Cingular Wireless PCS as the current lawful and responsible Tenant under the terms of the Lease and this Amendment; and

WHEREAS, TENANT desires to enter into that certain Co-Location Agreement (the "Co-Location Agreement") with Verizon Wireless Personal Communications LP, a Delaware limited partnership, d/b/a Verizon Wireless with its principal offices located at One Verizon Way, mailstop 4AW100, Basking Ridge, New Jersey 07920 ("Verizon") whereby Verizon may locate certain equipment and antennas to be more particularly described in the Co-Location Agreements on the "Property" and/or "Tower" (as defined in the Lease); and

WHEREAS, Tenant has requested and the County consents to amend the Lease to provide for Verizon to co-locate on the tower; and

WHEREAS, the Tenant has provided an engineering report documenting the tower is capable of handling the additional equipment to be installed on the tower and that Verizon's colocated equipment will not interfere with the operation, quality or maintenance of any other equipment located on the tower and that the tower with Verizon's added equipment will be in compliance with all aspects of the Florida Building Code, local and federal regulations; and

WHEREAS, the First Amendment to Lease Agreement approved by the Board on May 19, 2015, and the Corrected First Amendment to Lease Agreement approved by the Board on September 15, 2015, is being further corrected by this document.

WHEREAS, in connection with the foregoing, COUNTY and TENANT desire to amend the Lease as hereinafter set forth.

NOW, THEREFORE, in consideration of the sum of the TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows:

1 40

1. The recitations set forth above are true and correct and are incorporated herein by this reference. In the event of any conflict or ambiguity between the terms and provisions of this Amendment and the terms and provisions of the Lease; this Amendment shall control.

2. Pursuant to paragraph 12 of the 1995 Lease, Verizon shall name the County as an additional insured on any policy of insurance required by Tenant. Tenant shall supply the County with a copy of the Certificate of Insurance for Verizon.

3. The following is inserted as Section 3.c of the Lease:

"Notwithstanding anything to the contrary contained herein and subject to COUNTY's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, TENANT, in addition to all other rights granted TENANT under the Lease, shall have the right to sublease any part of the Property, Tower or Equipment Building to any third party telecommunication service provider, including, but not limited to Verizon, or to enter into the Co-Location Agreements with Verizon or any other such co-location agreement with any third party telecommunication service provider; provided, however, that such subleasing of any part of the Property, Tower or Equipment Building to Verizon pursuant to the Co-Location. Agreements, or any other sublease or co-location by any third party telecommunication service provider shall not interfere with COUNTY's telecommunications facilities or equipment which may then or thereafter be located on the Property or Tower, or COUNTY's use of the Property, Tower and/or Equipment Building in such a manner as to violate Section 5 of this Lease. Subject to the foregoing, by COUNTY's execution of this Amendment, COUNTY hereby expressly consents to the Co-Location Agreements and TENANT's subleasing of portions of the Property, Tower and Equipment Building to Verizon as more particularly described in the Co-Location Agreements. TENANT shall remit to COUNTY, one-half (1/2) of any rent actually received by TENANT required to be paid by Verizon under the CoLocation Agreements, or by any other such third party telecommunication service provider under any such other sublease or co-location agreement which TENANT may enter into pursuant to this Section 3 .c. The Verizon rent during the initial term of the Co-location Agreement shall be $24,342.48 annually; such rent shall increase by three percent (3%) on each anniversary of the commencement date of the Co-location Agreement. Said Verizon rent shall commence on the rent commencement date of the Verizon co-location agreement and terminate when the Verizon co-location agreement expires or terminates and Verizon is off the Property.

4. The address of TENANT as set forth in Section 18.d. of the Lease is hereby deleted in its entirety and the following is inserted in its place:

As to TENANT: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site#: 7248; Ce ll Site Name: IR002NERO BEACH (FL) Fixed Asset No: 10080597 575 Morosgo Drive NW Atlanta, GA 30324

2 41

With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department 208 S. Akard Street Dallas, Texas, 75202-4206 Re: Cell Site#: 7248; Cell Site Name: IR002NERO BEACH (FL) Fixed Asset No: 10080597

5. Except as specifically set forth herein, the terms and provisions of the Lease shall remain unmodified and shall continue in full force and effect.

IN WITNESS WHEREOF, this First Amendment to Lease Agreement to provide for colocation is approved and executed by the authorized representative of the parties effective as of the day and year first above written.

NEW CINGULAR WIRELESS PCS, LLC BY: AT&T MOBILITY CORPORATION, ITS: MANAG

BY: --1-M~rl=-JL.._ _______ _

(printed na e eil Boyer (title) Director - Network

Attest: Jeffrey R. Smith, Clerk of Court And Comptroller

By: _ ________ _

Deputy Clerk

Approved:

~;;;& as '°J7m :;le;•lviency wd~4/\ V 1 tj_/ William K. DeBraal Deputy County Attorney

3

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

BY: _______ ___ _


Date BCC Approved: ______ _

41

TENANT ACKNOWLEDGEMENT

CORPORATE ACKNOWLEDGEMENT

STATE OF

COUNTY OF

GEORGIA

6r.J\NNITT

) ) ss: )

BE IT REMEMBERED, that on this _ill_ day of JANUA~:'{ , 20~ before me, the subscriber, a person authorized to take oaths in the State of Georgia , personally appeared Neil Boyer who, being duly sworn on their oath, deposed and made proof to my satisfaction that they are the person named in the within instrument; and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the inst ent the entities upon behalf of which he acted, executed the instrument.

COUNTY ACKNOWLEDGEMENT

CORPORATE ACKNOWLEDGEMENT

~--"~< ________ _,)

) ss:

this_ day of ________ _, 20_, before me, the subscriber, a person authorized to take s in the State of __________ , personally appeared ________ who, being du sworn on oath, deposed and made proof to my satisfaction that they are the person named in the w1 · instrument; and acknowledged to me that he executed the same in his authorized capacity, and that by his ·~ature on the instrument the entities upon behalf of which he acted, executed the instrument.

Notary Public:--------~ - -My Commission Expires: ________ ---.

4 43

STATE OF FLORIDA COUNTY OF INDIAN RIVER

The foregoing instrument was acknowledged before me this __ day of February, 2016, by BOB SOLARI, Chairman of the Board of County Commissioners of Indian River County. Florida, who is personally known to me.

NOTARY PUBLIC:

signature: ----------printed name: --------~ Commission No.: --------Commission Expiration: ------

5

44

To:

Thru:

From:

Date:

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

Assistant County Administrator / Department of General Services

The Honorable Board of County Commissioners

Joseph A. Baird, County Administrator

Michael C. Zito, Assistant County Administrator~

January 21, 2016 ~

CONSENT AGENDA

~~

Subject: Renewal of Concessionaire Contract No. 252 with Florida Fish and Wildlife Conservation Commission for the Indian River County Public Shooting Range

BACKGROUND: The Indian River County Shooting Range opened in April of 2001 under a Concessionaire Contract with the Florida Fish and Wildlife Conservation Commission (FWCC) dated March 13, 2001 (the "Contract.") On September 22, 2015 the Indian River Board of County Commissioners voted unanimously to request a renewal of the Contract. The Renewal section of the Contract provides for an additional term of 10 years at the sole option of the FWCC. The County has complied with all conditions precedent to the renewal of the Contract and the FWCC now desires to exercise its option to renew the agreement through March of 2026.

DESCRIPTION AND CONDITIONS: Staff now presents to the Board of County Commissioners for consideration Amendment Number 1 to the Contract which sets forth a renewal term of 10 years and updates the Operational Plan attached thereto as Exhibit B. The "Shooting Opportunities" section of Exhibit B reveals improvement projects completed or planned by the County which have been accepted by the FWCC. All provisions of the original Contract remain in full force and effect.

RECOMMENDATION: Staff respectfully requests that the Board approve Amendment No. 1 to the Contract and authorize the Chairman to sign on behalf of the Indian River County Board of County Commissioners.

ATTACHMENTS: FWC Contract No. 00252 A-1 FWS Contract No. 00252 Correspondence with FWCC

DISTRIBUTION: William R. Kline, FWC Holden Kriss, Shooting Range Manager

Approved Agenda Item

BY: Joseph A. Baird

County Administrator

FOR: February 2, 2016

Indian River County Approved Date

Administration

County Attorney Budget

Department Risk Management

F:\Assistant County Administrator\AGENDA ITEMS\2016\BCC 02 FEBRUARY 2016\BCC Memo - Renewal Concessionaire Contract No. 252 with Florida Fish and Wildlife Conservation Commission.doc

45

Ftortda Fis:1 :in<..~ Wi:dlife Conser•1ation Commission

Brian S. Yablonski Chairman Tallahassee

Aliese P. "Liesa• Priddy Vice Chairman lmmol<alee

Ronald M. Bergeron Fort Lauderdale

Richard Hanas Oviedo

Bo Rivard Panama City'

Charies W. Roberts Ill Tallahassee

Robert A. Spottswood Key Wesi

Nick Wiley Executive Director

Eric Sutton Assistant Executive Director

Jennifer Fitzwater Chief of Staff

V 1visir,n O' f-iunun~ ant!

c:~,rr ~- .f\tL: ,1~i'!..,t:nl(· n t

Diane Roth Eggeman Director

(850) 488-3831 (850) 921-7793 FAX

Managing fish and wildlife resources for their long-term well-being and the benefit of people.

620 South Meridian Street Tal lahassee. Florida 32399-1600 Voice: (850) 488-4676

Hearing/speech-impaired: (800) 955-8771 (T) (800) 955-8770 (V)

MyFWC.com

October 6, 2015

The Honorable Wesley S. Davis Chairman, Board of County Commissioners Indian River County 1801 27th Street, Building A Vero Beach, FL 32960

EO.YiW Of COUNn· COMMISSION

Re: Concess10naire Contract FWC No. 00252 between Florida Fish and Wildlife Conservation Commission and Indian River County for the Indian River County Public Shooting Range

Dc-ar Commissioner Davis:

On behalf of Nick Wiley and the Florida Fish and Wildlife Conservation Commission, I would like to acknowledge receipt of Indian River County's letter dated September 22, 2015 requesting a renewal of the above referenced contract for an additional 10 (ten) years. Commission staff will begin preparing a draft renewal amendment to the contract for County review.

I was pleased to read in your request letter about the growth in participation at the range. Undoubtedly, the new features planned for the facility will serve to moet the need created by this growth while fostering safe and responsible hunting and shooting sports participation.

In addition I would like to express the Commission's appreciation for the hard work and dedication put forth by the County that has made this partnership successful.

Si;Jerely, (t' ,,,,.-(,/ Ii A t'" ~ / ,H---i-- ,. ;>-

W...OY11l,{ : vJV{,J '7·~>-~- -r---;;, Diane Roth Eggeman, D~fet:tor Division of Hunting and' Game Management

• . .; Jm!Tlilsi0nw ,,i_/} . .... L ~C;;O cc: Holden Knss, Shootmg Range Manager ,'iJminis' 'oir-, .. .J_b_/:~~-

William K. DeBraal. Deputy County Attorney ._ -. , ~- D rt, . William R. Cline, Section Leader, Hunter Safety and Pugli~" Sfiqotmrflfanges

' ,1·•~;' ··1 ;.,011·,· 1-t:\1

• -·-- - · .. "'.

: '•: i

, :, . j~ ~- .. t. · _..,,,,, .. ; 1'

,_. _,.,.l .4-G

46

Wesley S. Daclis Chaimran District 1

Bob Solari Vice Chaimtan

District 5


September 22, 2015

Mr. Nick Wiley Executive Director Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee Florida 32399~1600

Joseph E. Flescher District 2

Tim Zorc District 3

Peter D. O'Bry,w District4

Re: Concessionaire Contract No. 00252 between the Florida Fish and Wildlife Conservation Commission and Indian River County for the Indian River County Public Shooting Range

Dear Mr. Wiley:

On behalf of the Board of County Commissioners of Indian River County please accept this letter as Indian River County's request to renew the concessionaire contract between the Commission and Indian River County dated March 13. 2001. ln accordance with the contract, the County is requesting a renewal of the contract for an additional term of 10 years. The contract is set to expire on March 12, 2016.

At a meeting of the Board of County Commissioners on September 15, 2015, the Board unanimously approved by a vote of 5 to 0 the request to renew the contract between the Commission and the County. The Indian River County Public Shooting Range has enjoyed growth and success since its inception. In July, 2014 the shooting range was pleased to host the Master's Shooting Contest which featured over 200 participants during a three day period. In working with the Commission, the County is looking forward to expanding the role of gun safety and hunter education in the near future.

The Board looks forward with great anticipation to renewing and extending this agreement with the Commission for an additional ten years.

Sincerely,

~/-Wesley S. Davis Chairman

cc: Holden Kriss. Shooting Range Manager William K . DeBraal, Deputy County Attorney

1801 271h Street, Building A Vero Beach. FL 32960

(772) 226- 1490

47

Contract Number 00252

CONCESSIONAIRE CONTRACT FOR FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE

Between Florida Fish and Wildlife Conservation Commission and

Indian River County Board of County Commissioners

The Florida Fish and Wildlife Conservation Commission, 620 S. Meridian Street, Tallahassee, Florida 32399-1600 (hereinafter Commission), hereby enters into a Concessionaire Contract with the Indian River County Board of County Commissioners, 1840 25'h St., Vero Beach, Florida 32960 (hereinafter Concessionaire) on this 13th day of March , 2001.

WIT NESSETH:

Whereas the Commission is authorized by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, owner of real property located at 10455 102nd Terrace, Vero Beach, FL 32967, and more particularly described as denoted on attached Exhibit A 1 and wishes to make available, under a Concessionaire Contract with the Indian River County Board of County Commissioners, the Florida Fish and Wildlife Conservation Commission Indian River Public Shooting Range (Range) located at the above address and ex,pressly limited to the present range area (ritle/pistol, airgun and archery ranges), sporting clays range (and anticipated walk-though archery range) and associated impact area, office building and storage shed, all in Indian River County, Florida, to support Hunter Education training programs and recreational firearms shooting opportunities for the general public.

Now, therefore, it is mutually agreed that upon the full execution of this Concessionaire Contract, the provisions of the Concessionaire's Operational Plan, attached hereto as Exhibit B, and this Concessionaire Contract shall comprise the total contractual agreement between the parties. In the event of conflict between.this Contract and the exhibit(s), the terms of this Contract shall govern. Changes, modifications, approvals, and amendment requests referenced herein shall be addressed in writing to the Director, Office of Informational Services, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399- 1600.

TERM OF THE CONTRACT

This Contract shall be in full force for a period or fifteen ( 15) years commencing as of the above date and expiring fifteen (15) years from that date, urJess terminated as provided herein.

The amount of rent paid to the Commission and the fees charged to shooters may be adjusted through renegotiation of that portion of the Contract after the first year of operation

48

and thereafter no more often than annually with the approval of the Commission. Other amendments to this Contract shall be considered if mutually agreed to in writing by both parties.

RENEWAL

This Contract may be renewed for an additional term of ten years at the sole option of the Commission. No later than three months prior to the termination of the Concessionaire Contract, the Concessionaire may request to renew the Contract. The request to renew shall be made in writing to the Commission and is subject to the approval of the Commission. Any renewal of the Contract is subject to the express written approval of the Commission and must be in compliance with applicable laws.

OTHER CONTRACTS

This Concessionaire Contract and exhibit(s) shall contain the complete Contract between the Commission and the Concessionaire and, as of the effective date thereof, shall supersede all other contracts, communications or representations, either verbal or written, between the Commission and the Concessionaire relating to the subject matter hereof.

RENTAL PAYMijNTS

The agreed upon annual fee for rental of the facility shall be 50% percent of the net profiL of the total operation of the facility.

The annual rental payment for the range shall be due to the Commission within one hundred and twenty (120) days following the end of the Concessionaire's fiscal year which shall be September 30, accompanied by a certified copy of the profit/loss statements as required by this Contract.

The Concessionaire shall be entitled to retain 50% of all profit generated by the operation of the range.

LATE FJ;E

Should the Concessionaire fail to make the annual Rental payment, Concessionaire shall be charged interest at the rate of one and one-half percent (1 ½%)per momh, or pro rata share thereof, on the amount of the delinquent payment commencing the first day following the due date of the Contract until paid.

COMPLIANCE WITH LAWS

49

The Concessionaire shall comply with all Jocal, state and federal laws, codes, requirements, and regulations relative to the taking of wild animal life or freshwater aquatic life, use of the lands for outdoor recreational purposes as herein after provided, construction, safety, sanitation, permits 1 licenses, operation of the Range and all other matters pertaining to the activities conducted on the premises.

NON-ASSIGNMENT

The Concessionaire shall neither transfer nor assign the Concessionaire Contract nor sublet the premises or any part t11ereof nor grant any interest, privilege or license whatsoever in connection with the Concessionaire Contract or the real property without written approval of the Commission.

The parties agree that the Commission has entered into the Concessionaire Contract with the Concessionaire because of the special and peculiar fitness and exceptional experience of the Concessionaire in carrying out the duties and covenants to which binds himself thereunder; and therefore, any assignment or delegation of the Concessionaire's covenants or duties thereunder, other than to employees of the Concessionaire or agents for the Concessionaire in the usual course of the Concessionaire's business, or approved in advance by the Commission, shall be without any binding effect whatsoever on either party and shall be null and void.

SCOPE OF RANGE OPERA TIOI';l'_,S.

The Indian River Public Shooting Range shall be occupied and used by the Concessionaire, or his duly authorized agents or employees, solely to conduct business in connection with recreational shooting activities by the general public and Commission sponsored shooting activities. Said business may include but is not limited to the following activities;

a) A concession operation, providing items and services that are related to the approved shooting activities, such as firearms and ammunition and fishingrelated items such as tackle, license and bait. Additional items such as soft drinks (no alcoholic beverages), snacks and related refreshment items may also be sold.

b) The Range shall be open for public shooting a minimum of five (5) days per week, a minimum of forty (40) hours per week. The Range may be closed to the public up to two days per week. The Concessionaire is encouraged to open the range for public use on holidays. Changes in the Concessionaire's operational plan shall be submitted to and approved by the Commission's Hunter Education Administrator in advance of any operational changes being implemented.

c) The Range shall be available at no charge to the Commission for Hunter

50

Education training and other educational and professional training as needed. Hunter Education use will be scheduled with the Concessionaire by the Commission's Regional Hunter Education Administrator. Additional use by the Commission shall be scheduled with the Concessionaire so as to have minimal impact on public use of the facility.

ti} Recreational firearms, archery and airgun shooting by the general public,

1!) Competitive shooting events may be scheduled during open shooting hours for the general public when minimal impact of public access will occur. Such events shall not be scheduled on the dates or times when Hunter Education use is scheduled.

J) Two (2) free hunter sight-in days shall be offered per year with the dates established by the Commission.

g) Firearms training by groups or organizations, during hours/days when Range is not open for public shooting activities.

h) Other activities as authorized in writing by the Commission.

OPERA TJONAL COSTS/PROCEDURJ;;~

Except as otherwise provided in this Concessionaire Contract, operating costs, target frame replacement, routine maintenance and repairs caused by normal use of the Range shall be the responsibility of the Concessionaire. The Commission shall be responsible for repairs or replacement of major components of the Range necessitated as a result of natural disasters or other acts not related to wear and tear caused by normal use of the Range unless such damage occurs through the willful negligence of the Concessionaire. Major components of the Range consist of the covei:ed shooting sheds, berms, sidewalks, restrooms, office building.

a) The Concessionaire shall maintain the premises and all appurtenant structures and improvements in clean, sanitary, and good order and in a safe condition, all grass, shrubs and landscaping shall be trimmed and maintained, satisfactory to the Commission, and all such costs related thereto shall be borne by the Concessionaire.

h) The Concessionaire shall provide, at its expense, a telephone for emergency use during operating hours. The Concessionaire shall operate its business as outlined in the Operational Plan (Exhibit B). Supervision of Range use shall enhance safety and provide efficient and effective services to promote return user visits. Staffing may be adjusted to meet service requirements.

c) Maintenance, repairs, and financial loss through insurance protection from thef1 or vandalism of the automatic target throwing machines and their components shall be the responsibility of the Concessionaire. All equipment is being

.,

51

provided to the Concessionaire in new condition.

ii) The Concessionaire shall be responsible for all costs related to the maintenance and upkeep of the office/pro shop and providing the services outlined in Exhibit B (Operational Plan) and this Concessionaire Contract.

e) The Concessionaire shall not rent to or allow the use of equipment by persons under the influence of alcohol or drugs or disorderly persons, nor shall such persons be permitted to enter or remain upon the premises. The Concessionaire shall be responsible for administering a range safety introductio~ to all range patrons (while operating under normal operating hours, when the Range is open to public use).

I) The Concessionaire shall not engage in any activities or allow anyone to engage in activities on the premises which are contrary to the full and orderly public utilization of the Range premises except as otherwise provided herein.

g} The Concessionaire shall not commit waste on the premises; shall not conduct mining operations or drill for oil or gas upon the premises; shall not remove sand, gravel, or kindred substance from the ground; and shall not, in any manner, substantially change the contour or condition of the premises unless approved in writing by the Commission. The Commission shall be responsible for lead removaJ should it become necessary for such action. The Concessionaire shall collect an impact fee of $1 per shooter for rifle and pistol ranges, and .50 cents per 25 rounds of sporting clays,

h} The Concessionaire shall obtain prior written approval from the Commission for any utility easements which are necessary to service authorized facilities on the premises. All other easements are prohibited and shall be void and without legal effect.

I) The Concessionaire shall have the responsibility to maintain all notices posted at the Range by the Commission including, but not limited to, the Notice of Range Rules and the Notice of User Liability. Additional rules may be established by the Concessionaire subject to approval of the Commission .

. i) It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Concessionaire Contract shall be purchased from tile Corporation identified under Chapter 946, F.S. if available, in the same manner and under the same procedure set forth in Section 946.515 (2), (4), F.S.; and for purposes of this Contract the person, firm or other business entity carrying out the provisions of the Contract, shall be deemed to be substituted for the Commission insofar as dealing with said corporations are concerned.

The "Corporation identified" is PRJSON REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.), which may be contacted

51

at:

P.R.I.D.E. 5540 Rio Vista Drive Clearwater, Florida 34620-3107 Telephone Number: (727) 535-4900

FEE STRUCTURE/ IMPACT fEES

A fee shall be charged to the users of the Range. The fee structure may include a daily fee, an annual fee and/or a family fee. However, the amount cbarged may not exceed the amount indicated in the Concessionaire's Operational Plan (Exhibit B), unless amended through the established procedures. The fee structure includes the amount to be charged for use of the rifle, pistol, airgun, archery ranges and shotgun shooting facilities and/or a combination of an the ranges.

Range use fees for non-public shooting during times when the Range is scheduled to be closed to public shooting activities shall be established by the Concessionaire. These activities may include renting the Range to a public or private entity for in-service firearms training. All fees shall be included in tl1e range operation and be part of the Concessionaire's gross range operating revenue. The fee structure proposed by the Concessionaire in Exhibit B (Operational Plan). reflects the amount charged to the shooter plus one dollar per shooter on the rifle and pistol range and .50 cents per twenty-five (25) round target shotgun shooting impact fee, all of which shall be deposited in an interest bearing account to be paid with interest to the Commission quarterly (collectively, range shooting impact fees). Upon termination or completion of the Contract, any remaining funds in the account, including interest, shall be immedia_tely remitted to the Commission.

During the time the Range is open to the public all Range patrons must have a valid permit on their person when engaged in the respective shooting activities on the Range, except those users for whom no charge is assessed pursuant to Commission-sponsored events and as elsewhere denoted in this Contract. It shall be the Concessionaire's responsibility to issue permits and to maintain records that provide a clear audit trail of Range use. The Commission shall approve the design of Range use permits issued by the Concessionaire.

Commission representatives may, at their discretion, check patrons' permits. Five (5) verified and recorded failures per year of the Concessionaire to insure compliance by persons engaged in shooting activities on the Range may constitute breach of Concessionaire Contract at the sole discretion of the Commission.

IMPROVEMENTS/EXPANSION OF RANGE

At the Commission's discretion, the Concessionaire may have the opportunity, during the term of this Concessionaire Contract, to erect such structures and provide such equipment and materials upon the premises as may be desired to enhance t11e activities and services

G

53

authorized under this Concessionaire Contract, provided no structures may be erected, altered, placed upon or removed from the premises unless and until the design and proposed location, alteration, placement or removal thereof is approved in writing by the Commission.

Any and all structures, which shall constitute fixtures , shall at the option of the Commission remain upon the premises at the expiration of the term of this Concessionaire Contract and become the sole property of the Commission. At the Commission's option the Concessionaire may be required to remove unwanted structures or fixtures at the Concessionaire's expense. In the event this Concessionaire Contract or any material term or condition thereof is breached by the Concessionaire and-this Concessionaire Contract is terminated, any and all structures, buildings, or fixtures shall at the Commission's d iscretion remain upon the premises as part of the recreation site and become the sole property of the Commission. In the event this Contract is terminated for reasons other than expiration or breach by the Concessionaire, Concessionaire shall have the option, at its own expense, within thirty (30) days of termination, of removing fixtures or structures which it has installed.

a) Expansion: Any expansion or modification to the facility must be approved by the Commission in writing prior to any work being done and shall be at the sole discretion of the Commission as evidenced in writing.

b) Cost of Expansion: Any cost associated with expansion of the Range beyond its present facilities and services shall be the responsibility of tbe CONCESSIONAIRE unless approved otherwise in writing by the Commission.

PERMITS AND LICENSES

The Concessionaire shall obtain all permits and licenses necessary to conduct the business related to the Concessionaire Contract and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. All required permits and licenses must be obtained prior to commencement of any operation by the Concessionaire. A copy of each permit or license shall be provided to the Commission on or before the date the Concessionaire opens for business.

E.~l'MEN.I OF TAXES. ASSESSMENTS. AND UTILITY FEES

The Concessionaire shall have responsibility for all liabilities that accrue to the leased premises or improvements thereon, including any and all drainage and special assessments or taxes of every kind which may hereafter be lawfully assessed and levied against the premises during the term of the Concessionaire Contract. In addition, Concessionaire shall pay all charges for the furnishing of gas, electricity, water, or other public utilities to the Range premises.

7

54

RELATIONSHIP OF PARTIES

It is understood that no employer-employee relationship exists between the Commission and the Concessionaire, and the Commission is not responsible for providing Workers' Compensation insurance and withholding services for the Concessionaire or his employees.

There is no conflict of interest or any other prohibited relationship between the Concessionaire and the Commission.

REPRESENT A TIO NS

The Commission and the Concessionaire stipulate that neither of them has made any representations except such representations as are specifically contained within this Concessionaire Contract and each party acknowledges reliance on its own judgement in entering into the Concessionaire Contract. The Commission and the Concessionaire further acknowledge that any payments or any representations that may have been made outside of those specifically contained in this Concessionaire Contract are of no binding effect and have not been relied upon by either party in its dealings with the other in entering into this Concessionaire Contract.

This Concessionaire Contract will be binding upon each of the parties thereto, their heirs, or successors, and shall be assignable only upon the written consent of the Commission.

BREACH AND TERMINATJON

The Commission and Concessionaire agree to faithfully execute the covenants and contracts as set forth in this Concessionaire Contract. The Concessionaire Contract may be terminated in accordance with the following:

a) The Commission or the Concessionaire may terminate this contract with 90 days written notice without cause.

n) The Concessionaire Contract shall terminate if mutually agreed upon by both parties that such action would be in the best interest of the Commission and the Concessionaire.

Cl The Concessionaire Contract shall terminate immediately upon the Commission giving written notice to the Concessionaire in the event the premises are used for criminal purposes with the knowledge or consent of the Concessionaire. This Contract shall terminate immediately upon the Commission given written notice to the Concessionaire in the event of fraud or willful misconduct or material breach of this Contract. The Commission shall allow sixty (60) calendar days to correct a breach of this Contract.

55

d) In the event of material breach of any of the covenants, terms or conditions hereof by Concessionaire, the Commission shall provide Concessionaire written notice to remedy such material breach. If Concessionaire fails to remedy such material breach within 60 days of written notice, the Commission may terminate the Concessionaire Contract effective immediately and all of Concessionaire rights hereunder, and recover from Concessionaire all damages the Commission may incur by reason of the breach and termination of the Concessionaire Contract.

c) This Contract shall terminate upon the Commission given written notice to the Concessionaire in the event the annual Contract payment is not paid when due. Such termination is at the sole option of the Commission.

f) This Contract shall term.inate upon the Commission given written notice to the Concessionaire, in the event the Concessionaire, his agents or employees fail to abide by all laws, rules and regulations relating to the taking of wild animal life or freshwater aquatic life, on the Range premises.

The failure of the Commission to insist in any one or more instances upon strict perfonnance of any one or more of the covenants, terms and conditions of this Concessionaire Contract shall not be construed as a waiver of such covenants, terms and conditfons, but the same shall continue in full force and effect, and no waiver by the Commission of any of the provisions of this Concessionaire Contract shall in any event be deemed to have been made unless the waiver is set forth in writing by the Commission.

MODIFICATION OR AMENDMENT OF AGREEMENT

No waiver, modification, or amendment of this Concessionaire Contract, or of any covenant, condition, or limitation contained herein shall be valid unless in writing and lawfully executed by both parties. It is the intention of the Commission and the Concessionaire that no evidence of any waiver, or modification or amendment shall be offered or received in evidence in any proceeding or litigation between the parties arising out of or affecting this Concessionaire Contract unless such waiver, or modification, or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements.

ASSIGNMENT

The Concessionaire shall not assign any or all of the rights, liabilities, duties or obligations of the Contract nor subcontract any part of the Contract without the written

C)

56

consent of the Commission.

LIABILITY OF THE PARTIES

Except as prohibited by law, the Concessionaire shall indemnify and hold harmless the Commission from any and all claims or demands for any personal injury or property damage resulting from, or arising out of the Concessionaire's use, operation or occupancy of the Range premises. The Concessionaire shall investigate any and all claims of every nature, at its own expense, relating to the Concessionaire's use, operation or occupancy of the Range premises. Nothing contained in the Concessionaire Contract shall be deemed to constitute a waiver of sovereign immunity on the part of either party or to affect, limit or reduce the protection afforded the Commission under the provisions of §375.251 and §768.28, F.S., or to effect, limit or reduce the protection afforded the landowner under the provisions of §375.251, F.S., or to protect Concessionaire from liability for any deliberate willful or malicious act of the Concessionaire.

INSURANCE REQUIRED

During the term hereof, the Concessionaire shall maintain a modified self-insurance program in keeping with Indian River County Board of County Commissioners' administrative policy and under provision of Section 768.28, Florida Statutes. Additionally, the Concessionaire shall provide written proof of insurance for commercial .Q:eneral liabilitv for personal iniury. death and property damage as well as workers' compensation insurance as required l.Jy the Florida Workers' Compensation Law.

INDEMNITY

Except as prohibited by law, the Concessionaire shall indemnify and hold the Commission harmless from and against all cost, judgements, attorney's fees, expenses, obligations and liabilities of any kind and nature which the Commission may incur or sustain in connection with or arising from the Contract or any court actions arising hereunder. In addition, the Concessionaire hereby agrees to be responsible for any injury or property damage resulting from any activities conducted under this Contract.

The Concessionaire will not cause any lien to be filed against the premises or Concessionaire. If any mechanics lien is filed for labor or materials furnished or to be furnished to the Concessionaire, such lien shall be discharged by the Concessionaire within thirty (30) days after the date of filing.

RlGHT OF INSPECTION AND ACCES.S

111

57

The Range premises and tl1e operation of the facilities and services thereon will be subject to inspection by duly authorized assigns of the Commission to insure strict compliance with the terms of the Concessionaire Contract. The Concessionaire agrees to permit travel through and across the leased premises by representatives of state, federal or local governments at any reasonable time for any reason.

RECORDS AND RIGHT Of AUDIT

The Concessionaire shall maintain complete and accurate records that provide a clear audit trail of all receipts and disbursements and such additional records as the Commission deems necessary to adequately reflect the operations conducted on the Range premises. The Concessionaire shall be required to furnish the Commission certified copies of his statement of gross revenues including receipts of adjustments for returns and allowances, and profit/loss from the operations authorized by the Concessionaire Contract, within one hundred and eighty (180) days after the end of each Concessionaire fiscal year,

a) The Commission shall have the right and authority to audit all records, documents, automated records, and books pertaining to the Concessionaire operation. Such audit sllall be conducted at locations and at a frequency determined by the Commission and communicated to the Concessionaire. Concessionaire agrees to provide all necessary documentation for the audit at the designated place within fifteen (15) days after the Commission's notice is received and any additional documentation requested during the audit. The Concessionaire will be required to furnish the Commission audited annual financial statements within one hundred and eighty (180) days after the end of each Concessionaire fiscal year. The audit shall be conducted by an independent certified public accountant in accordance with Section 215 .97, Florida Statutes, the Florida Single Audit Act.

b) Records of original enlry, source documents and all records pertaining to revenues and expenditures of this Contract shall be retained for a period of tluee (3) years in auditable condition, except that such records shall be retained until final resolution of matters resulting from any litigation, claim, or audit that started prior to the expiration of tbe three (3) year retention period. The retention period commences from the date of submission of the annual audited financial statement required above.

PUBLIC RECORDS

Tile Concessionaire Contract may be terminated by the Commission should Concessionaire fail to allow public access pursuant to Chapter 119, Florida Statutes, to all documents, papers, letters or other materials made or received in conjunction with the

II-

58

Concessionaire Contract. If the Concessionaire seeks or is subject to a judicial determination as to the scope of records required to be disclosed under Chapter 119, F.S. and such judicial determination is sought or defended by the Concessionaire in good faith, the Concessionaire shall abide by the judicial determination and, in such a case, shall not be considered to have breached the Concessionaire Contract.

NO THIRD PARTY BENEFICIARIES

This Contract in no way affords to any third party legal benefits or otherwise the ability to enforce provisions of this Contract.

NON-DISCRIMINATION

As a condition of this agreement, the Concessionaire hereby covenants and agrees not to discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring pursuant to this agreement.

UNAUTHORJZED ALIEN WORKERS

In accordance with Executive Order 96-236, the Commission shall consider the employment by any Concessionaire of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Contract, if the Concessionaire knowingly employees unauthorized aliens.

PUBLIC ENTITY CRIMES

In accordance with §287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a Contract to provide any goods or services to a public entity, may not submit a bid on a Contract with a public entity for the construction or repair of a public entity or a 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 contractor with any public entity, and may not transact business with any public entity in access of the threshold amount provided in §287.017, Florida Statutes, for CATEGORY II for a period of 36 months from the date of being placed on the convicted vendor list.

JURY TRIAL W AIYER

The parties hereto, for the considerations herein, expressly waive the right of jury trial in any legal or equitable matters stemming from this Concessionaire contract.

I!

59

DISCRJMINATORY VENDORS

The parties shall abide by Chapter 287 and §287. 134, Florida Statutes, as to the nonacceptance of discriminatory vendors.

IN WITNESS HEREOF, the parties hereto l1ave executed this Contract through their duly authorized signatories on the date and year first above written.

STATE OF FLORIDA COUNTY OF LEON

FLORIDA FISH AND WILDLIFE ~~z::ON 7ai- ALLAN L. EGBERT, Ph.D.

Executive Director

The f rcgo!11g ConH·acl was ackm>wb.lgctJ before inc lhi~Jday l,f ___ ~ ?Ark_, 2001 by It- _'l)/JJ."_r"5.. ___ }/r::;,,:f(~µ who is personally known to me.

' . . -) W~~_./ ~ I~

~7,:01nr.iissiim,,1.I;-;~ph:~a ;~'' ·1:t· :\ :•~yr,'.))Af,<l'iSl•J l·J ;t :-:t1,1ia62 EXPIRES

t•.' : .? , ~~.: . \1..~2-~il/~:~-~;:.l.'~1~)~~~\:ct, IH(.

)11~\·i'i o·:,. FLORIDA COUNTY OF INDIAN RfVER

Attest: .. -......, \ ,-, ~

:\ . ~ - . '-k~ . ' D r--.;' ---...._,.,Cl.,\J\,l U ~\,\.£.-1 r--:; ,0_.

LK?. Barton, Clerk of Circ\lf Court ~:

JIMMIE C. BEVIS

Notary Public


The foregoing Contract was acknowledged before me this10th day of Apri 1 _ __ _ 2001 by __ Li}LQl :Ul r._fl_ J;irn, .. who is personally known to me ~ -X\XlllliX~ __ xxxxxxxxxxxxxxxx_xmxxxa~:idooxci:Pl~Z<~011-1xx

. ~ -/4.: / t. tll«---.tA'~ __ ,, ~;2~n Expires Y Notary Public

l ,1

_,,(',\ '.'.'Ji,:-.,, Kimberly E. Massung 1:~:-;•~~ ~) MY COMMISSION ti CCS5S!36 EXPIRES :_._: ._;;;~1-.•: July 15, 2005 ·~:~·.tri~}fl' BONDEO rnw,r.ov tAlll lNSUP. Alli:[. ir~c

... ,.~11•

60

INDIAN RIVER COUNTY SHOOTING RANGE 10455 102nd Terrace

Operational Plan

Hours of Operation

V cro Beach, FL 32967 561-581-4944

The Indian River CoW1ty Shooting Range (hereafter referred to as IRCSR) will be open to the public a minimum of 40 hours per week as per the contract for public use.

The range will be available to groups, organizations, or individuals on an appointment basis during the days and hours not open to the general public. Shooting activities will not begin prior to 6:00 a.m. nor continue past 9:00 p.m. The range will be open on weekends.

Marketing Plan

As a governmental agency, lRCSR will market the range through county press release, in Parks & Recreation brochures, and in a newsletter to our patrons. We will also have our brochure available at all public places as well as sent to area gun shops, pawn shops and other businesses related to shooting. An information and price sheet will be sent to area law enforcement, and military organizations.

Direct Marketing

Direct Marketing will occur via.mail or verbal communications with previous customers based on their shooting interests.

Trade Show Marketing

The IRCSR Range Master 11 will be a member of the National Associa tion of Shooting Ranges, and will attend and promote our range at several large trade and industry events around the country. We will have a table at most local gun shows to talk and promote the range.

Organizational Marketing

IRCSR will work with all the state and national organizations from the NRA and NSSF to state organizations such as FSSA & FWC. We \\'ill become members of most of these

EXHIBIT B

61

organizations to offer their programs and to promote our range. The FWC Hunter Education courses, as well as Boy Scouts, 4H and ROTC groups will be involved with the range.

Print Add Marketing

IRCSR will have an ad in the yellow pages, Blacks Wing Clay, NASR list ofranges, NRA list ofranges, as well as several State of Florida publications as relates to recreation or shooting. We have County signage as well as working with DOT to get signage on I-95.

Web Based Marketing

IRCSR will be added to Indian River County's website as well as N.A.S.R.'s "Where to Shoot", NRA 's member ranges, as well as links from many other shooting and recreation sites.

Promotional Activities

IRCSR will have an open house during our "Site in Days" where we will ask several manufacturers and vendors to display their products. We will bring in events that are spectator friendly to promote the range.

IRCSR will work with manufacturer representatives to have sponsored shoots at the range. These events are typically extremely lucrative for the range in that the manufacturers and vendors assume the advertising and supply burden. IRCSR intends to develop strategic relationships with major firearms industry vendors. IR CSR management is highly in tune with the motivations of manufacturers and the various ways the two entities can help each other. This inside industry experience will be called upon to promote the range and its services.

Shooting Opportunities

Leagues

IRCSR will promote and start-up clubs to be based from our range. We will also run registered tournaments of all types. Leagues and clubs provide a great initial customer base to the range. Industry experience has shown that when gone unchecked, leagues have the capacity to :financially damage retail ranges. League members often e;,_-:pect umealistic discounts and can direct business away from the range by selling to new initiates "out of their garage". Leagues also tend to occupy the range during high usage periods, restricting the availability of the facilities for other shooters. IR CSR is not adverse to allowing the formation of shooting leagues, and management are strong supporters of these activities, but the leagues will be strictly limited to ensure there is no negative impact to the perception of other range patrons or the IRCSR business entity.

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Shooting Types

IRCSR will offer pistol, rifle and shotgun shooting ofall types as well as archery and airgun. The types of shooting allowed on the range have been identi:fied in previous sections. These activities are consistent with the entineering and safety design specifications of the range. The engineered range safety features will not be bypassed during specialized shooting activities such as action pistol, Cowboy or plinking. In no case will shooters move forward of the fuing line and negate the effectiveness of the baffles, backstop and berms.

Training

IRCSR will offer NRA safety classes as well as FWC Hunter Education and Bow Hunting courses. IR CSR 's commitment to training opportunities has been accentuated throughout ths plan. IRCSR will constantly strive to offer the latest and most effective training opportunities to our patrons. As with the shooting opportunities listed above, no training program or class will undermine the safety features engineered into the range.

Facility unprovements

IR CSR will be adding to the facility a walk-thru sporting clays course and a walk-thru archery course. We also will be adding lights for night time use on the rifle, pistol and 5-stand ranges.

As an advocate of Total Quality Management, IRCSR has a strong conm:ritment towards constantly evaluating our facility, operations and customers needs to make sure we are doing everything possible to further the needs of the company and the shooting public. Initial Capital Improvement projects anticipated during the first three years include:

Maintenance Building

The addition of a maintenance and storage shed is in the works.

Maintenance will be a County function. We intend to make a substantial investment in equipment, and this equipment is vital to the range and the services we offer. A maintenance shed will provide the physical security from the elements and vandals necessary to provide a high level of maintenance. This shed will probably be located behind the Pro Shop.

Range Officer Booths

63

IRCSR has added rear ready areas on both pistol and rifle ranges.

Safety is a paramount concern ofIRCSR. As mentioned in previous sections, our goal is to exercise positive control over every shooting situation. Our RO's will be expected to be on the line during all shooting activities. Each shooter must check in with the RO who will conduct a safety inspection of all firearms and give a safety brief Normal commands on the firing line will be communicated via loudspeaker system. An RO may still walk the firing line aiding shooters, as long as the RO is controlling the safety of the line from the RO booth without distraction. The Range Officer booths will be designed to ensure all shooters and their firearrns are checked for safety prior to approaching the firing and preparation areas. The RO booths may be equipped with video monitoring systems and a phone for emergency situations.

64

Proposed Fees

Target Range

Admission (Rifle & Pistol Ranges) Adult* $6.50 per person I max 3 hours Juniors (17 & under)* - $4.50 per person/ max 3 hours Adult* $6.50 per person/ max 1 ½ hours for 200 yds. Range Junior * $6.50 per person/ max 1 \11 hours for 200 yds. Range

(Shotgun) 5- stand sporting clays * - $6.25 per round (25) Sporting Clays Course* - $34.00 per 100 targets Non-Profit Sporting Clay Tournament* - $26.00 per 100 targets

(Archery) Adults - $4.00 per person/ max 2 hours Juniors ( 17 & under) - $2.50 per person/ max 2 hours Archery Course - $6.00 per person - once thru Juniors ( 17 & under) - $4.00 per person- once thru

Rentals (per availability) *

Rifle & Pistol Ranges

Law Enforcement Agencies

$175.00 per 4 hours -without lights $250.00 per 8 hours - without lights $200.00 per 4 hours - with lights

$150.00 per 4 hours - without lights $224.00 per 8 hours - without lights $170.00 per 4 hours - with lights

Annual Contract (]2 or more)$125 .00 per 4 hours-without lights $200.00 per 8 hours - without lights $14 5. 00 per 4 hours - with lights

5-Stand Reota1 $30.00 per hour & targets

* Townament fees will be negotiated through the Range Master

'" lead remediation charges will be charged in addition to the rate for each shooter

65

SAL3

BOAAD OF TRUSTEES OF·THE INTBR.N'.)I.L IMPROVEMENT

TRUST FUND OF THE STATE OF FLOlilIDA

---~--. ..,... -., -~,.,-

LEASE AG~ '

Lease Number '1148

V

OJ;' TRUS'l'ERS OF THE

STATE OF FLOR!DA,

hereinaft.er referred to as "r..E-SS'OR", and the F'l,01'<1:.DA GAME AND

FRESH WATER FISH COMMISS.ION, hereinafter referred to as

mm;u;:AS, tne. BOARD OF 'l.'RtJSTEES OF THE +NTERNAL IMPROVEMENT

TR1lST FUND OF THE STATE. OP FLORIDA holds t~tle to cer~ain land5

aad property ·being util;ized by. the State of Floridol for public

purpo<.1es, and

TR11ST FUND OF THE S'l:11.:rE OF FLOR.XDA is aut;horized in Sect.ion

2$3. 03, .Florida St~ tut-es, to enter into leases for the use,

benef~t and possession of public lands by Stut~ ageneies ~hich

may prOl:'erly use !lJ;!.d possess them for the ~enefit of the people

of the ~tate of Florida;

NOW, 'l'HEREFORH, ·for and in• · consideration ·of the mutual

covenants and agreementa he:i:-eina.fter contJtineq, ;LESSOR le~ses

the below described premises to LESSEE sub~ect to the following

terms and condition~:

66

v _

1. LESSOR' s reSlc)onsil>ili ties iilJid

obligat:io!lS herein shall· tie exercised by the, Division of State

Lauds, Department of· ~vironm~tal P.rotection.

'rhe P.roperty subject to this

lease, is situated in the County ·of !ndian River, State of

Floridai ·apd i$ more P.arqc11larly ··~ri'bed in Exhibit "A"

attached.hereto an~ here.inafter ·called the "leased p~emioes•.

3. ~: . The term of tllis lea·se 1.1hall J-;>e fol: a period of

fifty years, commencing on ~-~-:2--~;)~1J'. and ending on

·-~, .;?/~. -..20'tt., \lllless ~onner terminated. pursuaJJ.t to

the provisions of t~is lease.

4. PURPOSE; ):..J;:SSEJ;: p.t:J.all manage the leased premises for the

co:o.aervation·and.protection of natural a.n.B ~istorical resources

ang resource baseo. pu,blic outqoor recreation which is compatible

with 1;.he conse~ation iuld protectign of tbese public lands, as

set• forth in gu);,section 259.03_2 (11), Flor{da. Statutes, along

with other related uses ~ecessafy for. the accomplishment of this

pu:rp9se as des~gnateii in thE: ·Management Phm -re-guire"d by

paragraph 7 of this lease. I,ESSO~ and LESSlfE acknowled9e that:

LESSEE'S use o~ tpe leased premises may re®lt in the placement

of lead shot thereon, and !.J:;SSOR aclalowledges that this use will

not corit.tit.ut.e a b;reach of · this le,.se. No.twithst:anding the

foX'9oin9, LESSEE will llli/-ke every eff-0rt. to p:ir~:,,ient; soil er water

contamination by lead ~xceeding a~y applicab~e ~ederal, state or

local ~tand.ards ~nd, if ~uch contamination occurs, LESSEE agree$

to bea.r all respo11sibility and l.iahility :i:or ;,;-emediatio:-i <$nd

cle,ulu,p in accora.anc.e with paragraph 26 l;]elow ,

5. LESSEE shitll have the

right of :ingress and eg;i::ess to, ttoin .and upon t:he l e ased

Page 2 of 15 Lease No. 4l.48

67

V V

.prem.ises tor all purpose~ necessa:.y to_ the fuLl quiet enjoyment

by said LES$1\:E of the rights conveyed herein.

6. fillAUlHORIITTID . YS!il: · LESSES ,;hall, _through its a9ent:s and

employees, preyent th~ l,UU)Uthori~ed:' us@ of the leased premises

ot• any use thereof: not in c.Qnformance with this lease.

i. LESS~ shal ;L prepare arid submi.t a

Management Plan for the leased prenq'.ses, in "-ccordance w'ith

Section 253.0311., F.l.or;i.da Statutes, and Chapter iS-2, F'lorida

1\.dm:l.niatrative Code, within twelve montns of the effective date

of thii. le<;1.se. . '.fhe Mat_'l.l!-9emen~ Plan ·1;1.bal.l be sllbmitted to LESSOll

_for approvai tproµgti thi,, Pivisioii of State Lands. Tbe leased

prelllises s}lal.l i:i.ot be de..,:eloped or physici>.lly alteJ;ed in any way

oth.e:r t:.han what is -necessary ft>r security an~ mainten~ce of the

lea>iad premises without: the prio:i~ w;ritten approval of LESSO:R.

unt.11 the Management Pla:I) · is approved . The Management Plan

.shall emphasize the origfnal management concept as approved by

;r..ESSOR. at t~e time 0£ ueguisi.t:i.o,;i which esta,bl.i,;hed thei primary

public purpoBe for wic~ the leased premise~ were acquired. The

al?]?roved Managemei;i.t 1?1-an sha.11 provide the basic guidq11ce for

all man11.9e,ment activi1;ies und shall be r..-viewed jointly by

LESSEE and LESSOR at 1ec1,st eve:ry five years. LESSEE shall not.

.use o-r alter the ·1~ased premises. except as provided for in the

approved Management .Plan without the prior written approval of

LESSOR.. The Management l?l<ltl prepared unde r this lease shall

identify management strat.egies . for exo tic species , if present.

The introductiOh of _ruc:otic species is prohibited, except when

specifically ~uthorizea by the apP.roved Management Plan.

~haJ.1 have the right at auy and all times to inspect the l e ased

Page 3 of 15 Lea~e No. 4:148

68

pre-mines and the works and operat:\.OJ\S tnereQ;ll of LESSEE:, in any

ms.tter .pertaining tQ,thie lease.

9. ll§_l7ll,MC";, R~.1B..138f,_~: LESSEE -shall procure and maintain

adequate fire and extended risk in.surance cll>verage for any

improvelll0Dts or• structure!! .loc~ted en the- leaiJed premises in

amountg not less than the· full insw:a);>le replacemem:; value of

such improvemc~t~ 1:iy pieparing and delivering to ~he Division of

Ri!Jk M;,nagement, Depttcinent· of lnsut>ance, a completed Florida

Fire Insuranc~ T:ntst fund Cpverage Request Form immediately upop

erectl'.on ot any. sµ-ucit:iit'elil as .illowed by p,;i,;i::-agrap~ 4 of this

lease. A copy of s~_;iq f·6rm and immediate notification in

writing of any erecl;J.on or removal· of structures or or.her

;i.rr,pravem~n1;s on th~ l,e~se~ premises anci any cbcmges affect:i,ng

che va.lue of t:he imp.rov~ments 11liall . be sµbmitted t o the

following; Bµreau of Land. Management . S<i:irvices, Divisio1) of

St:.ate Lands, Depa,;,tmenl,: of Envi:r::onmentat Protection, Mail

Station 130, 3900 CotnmQnwealth Bo>+}evard, Tallahassee, Florida

323951-3000.

10. L~,W;rLI'!'Y: LE~S~ shfin· as.sist: in· · the · investigation of

injury o:r d;,.mage clit:i,njs ·eit:he.t for or ag~inst I.J;:SSOR or the

State of Flo:ricla pertaining to LESSEE' S ;respective a:reas of

responsib;iJ.ity under t:his lease c:r arisi:pg out of L!:':SSE:R'S

re!',:pectiVQ titanagement ,programs or actiVities and: shall contact

LESSOR regarding the l_egal action deemed appropriate to remedy

such dali,age. or claim$.

in no way afi;ect.s any· of the :partie~' oblij1atio1U1 pw:-suant to

Chapter 267, :Fl.orida- St~t-qt;es. · The collection of artifacts or

the distu~b.mce . of ~~cqaeological and historic sites on state~

owned lanq.s is prohibited u.nle&s. prior author i·zation has b f::en

!?age. 4 of ·1s Lease No. 4148

69

v

obtail'lea from the D~~rt;~nt of St_ate,. Div;i.Sion of Historica..l

l'b.e Man~geTl\en.t_ Plan prepa.z:ed pursuant to S11ction.

253.034, Florida Statutes, snali be reviewed by the Di~ision of

Historical Resources.to· }nsu:re that adequat~ measu~es have been

planned t.o iocate, identify, protect and p;.e11Jexve the

arcllaeologic:al and. bi.:,to;ric: t::1it>!_S and properties on the leased

premises.

All easements includ,ing, }?ut not limited to,

utility ej!u;;ements are expresaly prohibited without the prior

written approval of ·L'BSSbR. Any ea-se~nt not; approved. in

wrjting by LESSOR sha:l~·be v:oid cµid ~ichout legal effect.

13 •. · SUBLE:ASES: '!'his lease is for the purposes specified herein

an;d subleases of a:t?,Y nature are prohibited, without the pr;ior

w:ritt:81'.l llP.Proval of LESSOR. A,riy subleaae not approved in

writing by LESSOR shall be void qnd without Legal erfe'ct.

l4. )1~ ~l"" fiB'i-iHTSJ;~: Upon 1;:1'\Ullinati.-on or expirat:.ion cf

·this lease LESSEE sb~ll surren~er the leased premise~ to LESSOR.

In tb.e evl'.'tlt -no further use:" of the 1{3aS<iid premises or any part

thereo:f. ;is· needed, i.4'ritt~:q . not'.it"1c:1tion shall be m.ide t:.o ths

Bureau of !,and Mana9eme;nt Services, DiVi!;!iOn of State Lands·.

Department of Ewrironriiental Prot6cti·on, Mai;i. Station 130, 3900

Cotnman-wealth Boulevard,. Talla.li.~ssee, Flor~da 323Sl9-3000, at

lea.st: six months prior to t:he .rele'7se of all or any part of the

leased premises. .Noti.fi.cation shall include a legal

deeex-~ption, th.is lease number · and an ~lanatioil of. the

rele.,t;e. -Tha re·l~af;e shal,l. only be valid if approved by LESSOR

through e,x:ecution of~ release of lea8e i nstrument with the ~ame

foz;mality as this lea!ile- · Upo1f ·reh,ase of a.ll or any pa~ of the

leased premise5 or upon expiration ·p~ t~rminatiqn of thi~ l~ase,

1all improvements,

Page 5 of lS Lease No. 4148

~ncluding botb phy~ical structu~es and

70

.mo.difiqat.ions .t.9. the 1.ease<i. premis~s, iihall .become the property

o.f l-,ESSOE, i,mle,i;s ·'!,R.?SOR gi-ves writ:ten notice to LESSEE to

remove any qr al, l. su_~ _· imp:i;-ovem~ts at the e:,J:pense 0£ LESSEE!.

-The decisicm tt:i. ~eti;lin ··any· irrq;,rovement-s upon. te:rmination of tbis

lease shall be at L~SS•~•s eolc die=etion.

of all or any part. of the.leased pr~mises, a representative of .. the· Division ·of State µan"d.s · ·f/hall perform an on-site inspection

and t,he ~eys; to a?lY bui!d-in_gs on the leased peremises shall be

turned .OVt!Z" to the Divi.sion. ~ the leased premises and

i.mprovemen1;.s located. ~~<s>Ofl,_ do not meet all condi tiona set

fort.h in _p;µ-agx-aphs 17 and 20 ._herein, LESSE;E shall, pay all costs

ne9e~sa.;?"Y tq meet th~ l?r~sc~ib_ed conditions.

LESSEJI! .shall. implement

·applicable .Dest : Mam,.ge\t\eµt Practices for all activities

<;onducted unde:i:- tpis J,eas@ in . compliance with paragraph lB -

2 .018 {2) (h), Floiida Administ+ative .Code, which hav~ been

aelecte~. developed, or app!oved by LESSOR, LESSEE: or other land

man.aging agencies for the protection and erlhaneem~nt of the

leased premises.

and soosequently designate to the. respective arthropod control

dist:r,!ct or districts w;i.thin on~ year o:f the effective date of

this lease all -of the_ ~nvironmeotaj.ly .. sens.it.iv lJ: and oiologically

highly p ~oductive land.i, c on~airied within the leased premises , in

a_c cordance wit.h Sect.ion 388. ~.lll, Florid.3. BFatute s and c hapte r

.SB-13, Florida Administ.x::ative Code, for the purpose of obtaining

a publi~ lands ar-t;b.iopod control plan for su~h l a~ds.

17. · UTI LITY FEES: LESSEE shal .l b li! responsible for the paymeo"t

of a ll che,,rges f.or t;he :f\lrn;i sh irig ' of gas, e :).ec:tric:it:y, water and

Page 6 of 15 Lea se No, 4148

71

V V

,other p)lblic utili-tieB 't_o· t.ht'i ieas~d premises and for having all

utilities turned off ,,..iien tbe leased premise!> ara surrendered.

l.8. AS-Si"GNMENr, This lea&e: (!Ji!all not be 11.!!!Si!;Jlled in whole or

in· part w~~hout t.he. Pli~or written consent of LESSOR. Any

assignment made. ei thei in wh<:>le or in. part ·witfiout the pr·ior

written col:lSent. of . ,LESpOR ,s½;Iall ,be void and witho~t legal

effect.

All buildio.ge,

structures, improvement.s, and signs shall· btt- constructed at the

expense or. LJ;:s~ in a1=·c~.rc,i~e with plans prepared by

protesa:i.oi:i~'.l, d_e·s;isrti~rs .inc;I '_ shall re<;IUire the prior written

approval pf LESSOR as to purpose location, and design. Further,

no tr~es, othei: t:lla.:o non-na\iv~ species,. shall be :removed o:r

major l,1U1d a.lte:rretiqns _done without the prior written o1pproval

ot . LESSOR. Removable. eqiii'pment and remmvable improvements

placed on the le,:i:sed premises by 1,SSS:EE which do not become a

permanent part: of th~ ,leased p:remises·· ,rill . i:-emain the property

of LESSEE and Jtl,:l.y be.removed by LESSEE upon t(µ:!Tdnation of thia

lease.

LESSEE shall maintain the

real _pr;:,pe:i:ty (cont_aim"d. ",'ithin the l,sase;d premises and any

improvements '.l.6cated the:r~on, in a state ,of good cohdit.iori,

working o:rde:i- and repa,ir includ:1.ng·, hut not limited to, keeping

t·he l.ease,:1 premises free o:f t:;-ash or litter, maint.>-in.ng all

:planned imprQveme<ltS as set fort:h in the approved Management

Plan, meeting ·a11 buiid;j.ng. arid safety codes in th2 location

situated and maintaining any and all existing. :r;oad.s, c,;,.nals,

ditches, culverts, risers arid the· like in as good condition as

th@ eain~ roay be at thi:, d,._tc of this lease; provided, however,

that any r~moval, c lq!Nr~, etc., of the above improvements shall

!'age 7 of 15 Lease No. 4148

71

be acceptal;JJ.-a when, 0

t:he prop<!>sed activity is c:,onsistent with ~ne

gqals of conse;i:-vation, procection,. ~nd enbancement of the

natural' and, historic;?,l. iiascmr~es within the leased premises and

with the ~pprove~ M~~~f!lerlt ~lan .

.'This h,ase sets, forth the entire

understap,ding' betw,eeri 'tbe' 'pa.ftiei;i' and shall 'ori'fy be amended with

the prior wr~ttQh ~ppro~al of L~SSOR.

Should LESS!;;E

breac,b any of t:be. cc;>veJJ,aµts,: te~, or can.diµons. af this lease;

r.£SSc;JR shall _g.ive · WJ:"j,tten ~titice to 'L~SSRE tp remedy such breach

w;!.thin .s~ty .days of· ,such n:ot;ce.· In the e'l'ertt LESSSE: fails to

remedy t'he .breach -t:'O .. t:.b!:' s~t:;.i;l~~ct.ion of LESSOR within sixty

days of rece.ipt: ~f w.::i..~ten ;i.ot.ice, J.;ESSOlt may either terminate

t.hi!i! :iea.se and recm,er -~+om ~ssJ;:E ~+ damages +oESSOR may ,incur

by reaaon o:f ;the l:lre~cl:i incl1,1d4,ug, .put not limited to, the cost

of recovering th~ lease<;l. premieea or maintain th.is lease in full

force and etiec'i,; an<l ~ercise all· rtght.s and remedies herein

ccnferred upon LESSOR.

2J. ,N'Cl W;i'llV!cy OF BREAC,U: The· faH=e of L'!,)S~Oll to insist in

aJlY cm,e O;t', woi:'e .:i,µst'a1;1~es \JPD'll. st:r~c:t perfo;pnilllCEl of any one o-,::

more of the cpv~nant~. t~rms and ~onditions of this lease shall

not be construed ·. e.s · .a waiver of· · .suc:h co~Jl¥)t.s, te:cms and

conditions, b\lt !:he ·satj\e . ,,:;hal·l ·coneinue i:n ~1,111 forca and

,:.,,ffect, and, no. Wll,iV~:t:' of: LESSOR of 8l:}..y one ·of the proviGi0:0$

hereof ~hal.1 in ~y. event be deemed to have l)een mada unless the

waiver is set fo~ 'iri writfog, s igned- by LESSOR.

·titl.e t;o t he 1e,":fed J?r"'m!:ses ;i.s held by LESSOR . · Li:Ss:i;:i;; shal.l

not do or perm:ft anythl:n9 which' purpo.rt.s to create a lien or

encumbrance ·of e,iy m~ture against the real property contained in

Pages qf ·is Lease No. 4.J..48

73

U .

thto, l.ea.aed pre.taj.ses incJu_ding·, bu1:. not liJnitup to, mortgages or

constructiqn lien:s against the 1eased premises or against any

interest:· of LESSOR t),,.E1r'ei.n~

, 25. · g~N'S Alw,.U,.J,;,[lX~>J:lT§.: AJ,.l qf the provisions of this

leaee sh,.:ll b!l deel!l~d · ~gye_µ~nts r1:1nning w5.t:h the land· included

in the leased pr1;1mise-is, aµd -~st=.ed to be 1'conditioris• as well

ai; "covenants• · as tbou~rh the words -:,pecifically expr-.uai;ing or

imparting eove.Qant;s · ai:ii;l c9.nditions were us~ in' eaeh sep<1rate

provision.

2~. J;?AMAGE :r:.~~l'~!:;~ :· (p.} U:SSBE shall not do, or suffer

to be dc;,lle, in, · qp: or upon the lease~ pre.mises or as affecting

said J.e=ao 'premises 9r iad1acent _p't~rties, any act which may

result i~ damage or depreciation of value to the leased p,:-emises

(b}_ LESSEE shall

no~ generate, ptore, p~odu~, place, tteat, ~el.ease or discharge

any coptarriinapts, pol.J.utants or pollution, including, bvt not

limit.ed to, hazardo\UI · ql; toxic sili?st,mces, chemicals or other

agents on, into, ox frQlll the leased premi.-sl!s or· any· adja=nt

lands or. waters in _any· manner net -permi'Ct~ by law. · For the

p1,1rposes qt; th;f.e leasi;,, ~l'i!ai:tardoui. ·substances• sh1>.ll ml!:an and

incluc;l.lil tho.a~ ele~nt:1 or compounds defined in 42 use section

9601 or which are cont.i.i:n~d in the list of hazardous substances

adopted by t;he unit<:1d States Ep.\ri rorn;,enta1 Pmtecti on Agency

(EPA) and the list of toxic_ pollutants desi~nated by the United

St~tes CDngre~~ or t~e EPA or defim:d by any pther federal, state

or loc al s ~atut~, ·1aw, 9rdinari.ce, code, rule, regula tion, o r der

or . dec;r ee xegu'l:_.,.tin9, •. rela~i.ng · to, or imposing liability or

•. st-andarde . of• c011~uct c~nc~ng any hazardou,. , toxic or dangerous

waste; subgtance, rri~~erie:l, pollut ant or contaminant.

''J?ollutan~ .. ~- llnd "poll:ut.ion• shall mean. thos e product s or

Page , of i s :[,ease No. 414B.

74

aubstance-s def:i,:q~d ii:1 Cbapters 3 ?6 ~d 403, Flori~a Stat:utea, and

t.-h~ ,ru,le~ prornul9.~te9 _t}li=_reun~er, all as "'mended or updated trcnn

t :i.me t.o time • In tb.<\'. !¥.\'ent of LESSEE'S failure t~ comply w.it:h

tbis puagra.ph, LESSEE shall-, at· its· sole cost und expense,

promptly commence arnf. diligently pllrslle any legal.ly requ..ir@d

·premis.,,:;, and {2} ail off-site gri;:,wi-d and surfnce waters and

lands affected by L!i5s~E.'$ such-. failure to comply, as ipa.y be

ne!.'e.ssazy to. b:r_ing the le!).sed PFem;i.aes ~ affected off~si.te

waters and. land.(, into t~ll ~omptiance . ~i~h all applicable

federal, state o; ltic<1l. ·s'!;?ali~t:es, .. laws. ordinanei;·s~. codes, rules,

regulations, · oi:-der.s ~d decre~s, a~ to · -~s,tore the damaged

p=perty to the co~it.ion · ex:i,sting iminadiate.ly _prior to the

Ll::SSEE' S ol:)ligations set

forth . in . this par~:r:a1>h shaU surv.iv.e .t:he ter;nination "'

expirat.ion o! t.hi.$ l~ase. Nothir;,9 herein s:h~:p relieve LESSEE of

any responsibility . or · 1_iapility pr.e,s;cribed by law for fines,

penalties. and ·dama.9_es leviec1 by governmental. agencies, and t:he

co·se of cleaning up any com:amination caused dira c:tly ,.,~

indi1=ectly .:by .LESSElf's activibes 0:1; facilltles. Opon discovery

of ·a ;release o.f a hazardous substance or pollutant, . oi: any other

-viol<'!-t;i.Qn. of ·1oca;t, .!!'t<i_t:e _or. federai law, ord:i.nance, code, rule,

re9'J-lat:i..on,_ order or ctet::i::ee relating to the generation, stora~e,

production, pl;ocement, treatment, .'release or discharge of any

cont.aminant, LESSEE shall report. s_uc:h viola.t..ion to all applicable

gov-ernmental· ag~1;1c;ies having jurisdiction., and to LESSOR, all

witbi;o the _-reporting·_ periods of the- apJ)licable go'ITl'!:rnmentd

agencies_.

J?age 10 ot. 15 Lease No. 4148

75

V

proii-ide LESSOR_ with ,,,,- c.~t'l.t. ·.Phase I Environment:al Audie

conduct~d i~ a~o~rd=~ wi~h.the ?i-rlsion of State Land's

standards priG-r to t~~pa_t;ion_ of this leas~ and if necessary a

Phase !l Errv~roronental ·iudii in eompliance with paragraph 26 ot

this lease ii.greement.. ·

28. ~1:lel!:t.Jif~.!",: ~s~t:,.,1,~f.:l,l..1'./>.: LESSEE shall assume full

.responsibility ·fpr and ;,,hall pay all liabilities that accrue to

·the leased· prendi,;es or to · the. in1E'iove1J!Qnts thereon, inc1udins

a'.Jly and all drainage !!Ip~ specia;J.. ~"':'Efsment:13 or eaxes of every

hcreaftex lawfu+lY as~~ssed apd levieQ against the leased

premises.

2.9.. UGHT ·oF ~:l;l': LESS~· ehall .make av.~ilable to U:SSOR .!>.ll

finai::,.cii!Ll ant;! otner re!Jo;rc!s rel~ting to this lease and LESSOR

sha·ll. have the .r.ight. to a~t s~~ recorct,i at any reasonable

time. This righ~ 'shail . be·cont1.nuous. unti+ this lease expires

or is termi.i:,ated. Tlde· ·le.,use 1'1\iiY be terminated by LRSSOR $hould

U,:SSES fail to 'an~. pµl,lic a6ce;;:s to an documents , papers,

letters ~r other materials made or received in co~junction with

th.j.s lease, p;u:r.sua~t, . tq -Ch~p;er. l J,9T. Flori,da Statut;es.

30. k-..Qll..~l,lliGti ...... ll:1..i_'.'.?~:. 1-<ESS"SE· sh.all not disc;dmim:tEO 119ainst

any indiv,idual . becaµ.se, . of that ind:j,vidual 's race, color,

reiigion, sex~ national ori gi n, age, handicap, or m.:.rieal st&tus

with respect to . MY.- .activity.· occurring, ~ithin the leased

preaj.s~s or ~_po~ lands aqjacent to and used as. an edjunct of the

le~eecl p~emisa~.

I.¥SSEB agrees that t.hls lease is

eonting~nt ~po~_~d su.):iject to LESSBE obta~nins all applieabl.e.

permits and complying ~th a-ll app.licable permit$, regu.lationt;,

ord~a:nces, ·:=1es-; and l.-ws of the 6tate of' Florid<$ or the

l.loi ted. States or· of any political ,;0ubdivis.ion or age11cy of

either. Page ll of lS Lease No .. 414>8

76

'V

32. l:Ilm: T.ii:ne ~s exp~~sly decla:red to be ~f the es11ence of

this lease.

ic:terpri;it~d llCG"(l?"<lill!,J tQ the l~W• pl. L~ flt at (! of rto~';).Ud.

34.. SECTI~ cwro::rs, · kt;icles,. sul')sectiOl'Uf and othe1:'. captions

-c:ontained in this liiase are fc;r reference puxppses onl y and are

in i:i.o ·way intended to describe, interpret, aefme or limS-t the

scope. extent or .. int.ent .Qt tnis lease or any. provi::iii:ms thereof .

.I,$SSEE sl).al;L p.i.y LESSOR an annual

administrative fee' qf ·$300. .The initial annual adm.inistrative

fee shall be: payable ; within thirty days from the date of

eocecution of this lease ·agr~emeµt and shall be prorated b~sed on

the numbe:x- of months· or· fraction ·the:i;:~of remaining in tli.e fiscal

y~ar of· eiecui;:j.;;,n. .For pw::po.ses of thit; l~ase agreement I the

fi&ca.l year shall ·be tlte pe_riod extend,ing i;rom .July l to June

30. Each annual payment ther'eafte;r -i;hall be due and payable on

J'ul y 1 .of el!-eh sµt)li!6'que.nt ye.ar.

Page 12 o f 15 Lease No. -'IH,S

77

Tl\ WJ'l'Nr-:&S ~H!,T'!FiQf.,. r.he pril'.ti_f!~ h~\1!! ,;:c.uvt>d i:-h'll, lt:JJ.~W. t:O bi,. ~~c.ut~i rii, t~ d;..y aa:j y<l4 rime -,b.-.v" w:z:.iLL._,,,_

STATE OF .FLbRIDA CO'(JN'TT OF.x.EON

.BOARP _QF 'l'llUS~ES OF THE ,INTERNAL IM!'EOVEMSl'Tl' , TRUST FOND OF THE STATE OF FLORIDA.

c--~~~-J ---"By, ½-,_ . . . . . . . . ~,.P.l;) DANI.EL .T. .• , CHI •"F, !lOREAU Ol" !M.ID-MANAGEMENT SERVICE~, DIVISION OF STA.TE Ll\,NDS , D:£.PARTMENT OF -ENV!~O~AL l?ROTBC'l:'IW

"LESSOR"

-~-'The _ .f.o_.i:e:goJ._· ••_xi· in.&trun,.,,nt . . we:, ,..ck.,o"-'lt:•d~;.:.,d heto;ce me this ·"'=' . ' day -.,f t· -~_-,tbc.,..,.~- l ':l ~ ' by Ii;ir:H•} t'. Crabb' as

Ch.i.-~ ., .i;11,1r"'1.1,1,1. · !.,an,;! Miil' e=nt: ... _1::rvlt:tc1J , l.:.ivi .a ion of State L.ind.$, Fl.P'.!'"),da • . ar.;m~p,f ,o , _ ~i~onment.al ~roteci::ion, act:il'lg as agent on behalf of the BQ.a,rd qt. Trust·e~ of the Intern,!1.l Improve~t t~t Fun_d of t~e State of Flo~da. He is

personally known to me. ~* ,.;:_,Cl, .----ydt;tJ:tLA.-______ ,✓---:_ ~- Pllbli, State of~a

Page· 13 of 15 Leaae No. 4l.i1l

Commiss~on Number,

Approved as to Form an~ Legality

By, -~~-1f:.. !k1r• __ DEP Atl::orney

78

S?ATB OF·,.FWJUDA· COUNTY .OP LEpN

Fl.0R!DA.. ~ •JUlD.. $RESH WATER . F'IS}.( ' COJ\l,MISSION

Title: £;,.,.. ;-,-~_.!)~

"LESSEE"

nt. was aclmowl eq.ged · · bef o:z me this

~~~~h-- u,flL • by, ~¢i/·G~ ~{:esh He/-ehe- i ·s· · personally known to rne or

_ __ _,_..-'--------.--.~,..;.,........., _as ident ificacion.

Page 14 of 15 Lease No: 4148

- t 7-l . ~- ~ .. ,&, (!:, ' ~?''..(&LJ~<--:--::--£x;: Public, State of Flo~ida

JINl~l~ C. BEVIS

.. Pri rit / Type Notary Name ··- -- - - -

79

JJJML DESCRJ,PTION_ I, P<irUotr .o.1 S.,:, i;,i1,;,r,<, ::S .o~,4'l .2 ~ ot tt"' rl<-rnhg Gront,

1.ndi;m ·.River CofJn'i:y.c .. ':Joride, bein~. m~r-e porUculody, oescribed ai: follows; ·

~egin·· ot on· irc,n rod rno~ng lhe N&rtheost ce>mct e>f the Jonds de$cribed in Cl,R. Book 678, Page 3.3$ of the Public RP,.;nrn• ~ :1iid;o·~-

0 Ri~:ar Co•,1r,ty,'Fio:-ido: cr-.d ~L,'1 N mr?fi'l~· W (1~CTttO the: 111!:!ril) Eir:o'! .. !?,1_ t't,e f_o•!6.~ o~s~r,~1•.d i:i .-.p(d O.R. nook Ii 7~. 1"09a .~JS,: .Q _;:i,~t o;;c~ .. ~J 21 ·1:i.e;:5 I• et to o poir,l ;,, \l ,c: So\!th _lin, of Scc:t\on 2_6. fl~_rping Gront . Then.: cun .

,JJoo.g -the Soi.itt,_wMt .J;.n~. _of S4'<;!i~n 26 -cmd Section .25 .elf . fleming Granl,. t~ _4_4·59• 1 a:·- W o •diston~e of 2 !:!00 1eet. more or less, to o point lyin"o in the Eoi.t right~c !-wi:ly line of St¢_; Roo.d 5 (lnte~ote '95). :Tlieo· ·run

N '1'5(/'0.2~. E, _olci,r11~ the Eos~ righl-o,.f-w~y lin" ~t lnlers to '.e S:i, .o distonc,e. of lllBg tecl:, mori. or less to a point. Ther, nu,

S C11f:ii;·1·,t !:.- i,.;;1,hi";.1tr 'i'fib lJont, lir,e · of the lands Cic.!tcrib~d w. r. ,'H. Hook li'llt 'Pcge ~l!?. c 0·1~,nt·,<: ~ 1,{ -4:.1~ !; fE.-et, ~,c;,r,: _I.:' te~s. to o _;,,o,ni lyi~g ,n -~i•~ ":>lorth~;"Y e~le_ns,ori oi t.h.e i,.ost ngh1•-ct ••woy lino c1 _10:lnd 1 .. ,r!lc:<:. ,-,c " ~,..,.,

S 0'20'~ 4" W, along . the Nort-herty ,extension of the E"st ri!'.)hhof-woy' 'line .of 102'nd ierroce os • recorcieo in Plot Book 12.. Poge 59 c,f thi · Ptiblic R.,c;ords of i<ldion· River ·Cq~nty, F!tirid<i. a ;lii;for,cf· Qi' :?.DC fat.~. mor! or k!r~. tn tnr. Nortl'e or. ,:-<J,:ni-·1.: ;;tf i02ni:i ·Ter-rt?<,e·. 'ucc:orQ~~; \p t1L ll.l ~1J,tf pk~~ T i~ei'l r>.Jr"1

N 89'26'16" W. c distonce o1 80 fod 1c · u p~i" t o;, the West right-ai-woy of_ 1_01.nil 1'-erroce Dnd the POiN) OF BEGINNING.

t>u~(! 15 of 1 ~ Lease No . 4 l'iB

80

81

82

To:

From:

Date:

Subject:

Indian River County Interoffice Memorandum

Office of Management & Budget

Members of the Board of County Commissio

Jason E. Brown Director, Office of Management & Budget

January 25, 2016

Miscellaneous Budget Amendment 012

Description and Conditions

The attached budget amendment appropriates funding necessary for the following:

Consent Agenda

1. On January 12, 2016 the Board of County Commissioners approved an agreement for developer contributions to road improvements/asphalt millings on 45th Street west of 661h

Avenue. The attached entry appropriates $20,000 for this expenditure provided by developer contributions.

2. On January 12, 2016 the Board of County Commissioners approved the Safe Routes to School Non-Infrastructure Grant Renewal in the amount of $64,994. The attached entry appropriates these grant funds.

3. On January 19, 2016 the Board of County Commissioners approved the Florida Fish and Wildlife Conservation Commission Grant and associated matching funds to construct the Indian River County Shooting Range Hunter Education Classroom. The attached entry appropriates these grant funds totaling $144,000, and the match of $316,000 from Optional Sales Tax/Cash Forward Oct 1st.

4. Human Services has received a $500 donation from Florida Power & Light to purchase medicine for families in need of assistance. The attached entry appropriates funding to Human Services/Medicine.

5. On November 17, 2015 the Board of County Commissioners approved Work Order No.2 for Fire Station #7 Modular. The attached entry appropriates funding in the amount of $190,712 from Emergency Services DistricUReserve for Contingency.

6. The annual Microsoft Enterprise Agreement fee was higher than anticipated due to a change in the contract. The attached entry appropriates $413 from MSTU Fund/Reserve for Contingency and $1,444 from Transportation Fund/Reserve for Contingency.

7. The Human Resources Department is in need of a replacement computer to operate the new badge machine. The attached entry appropriates funding in the amount of $1,250 from General Fund/Reserve for Contingency.

8. Due to challenges in filling vacant Building Inspector positions and an increase in Building permit activities, the Building Department has requested $250,000 to fund various private provider services to fill the gaps. The attached entry appropriates funding from Building DepartmenUCash Forward Oct P 1.

83

Board of County Commissioners January 25, 2016 Page 2 of 2

9. On January 12, 2016 staff recommended replacement of the HVAC controls at the County Administrative Complex, EOC, Road & Bridge Complex and the Sheriff's Administrative Office. At the meeting, the Board tabled this item due to the fact that another (energy saving) alternative was under consideration. Staff has since researched this matter further and has determined that the purchase would not jeopardize any potential energy savings that are being explored. Additionally, staff will ensure that the controls purchased will be compatible with the energy savings measures under consideration. The attached entry appropriates funding in the amount of $266,745 from Optional Sales Tax/Cash Forward Oct 1st.

1 O. On December 1, 2015 the Board of County Commissioners approved repairing 4 of the geothermal heater/chiller units at the North County Aquatics Center. While the repairs were being completed it was found that one of the units that was thought to need only repairs will need to be replaced entirely. The attached entry appropriates funding in the amount of $16,479 from MSTU Fund/Reserve for Contingency.

11. At Historic Dodgertown some additional materials and supplies are needed to complete the seating project at an estimated cost of $5,000. The attached entry appropriates funding from Tourist Tax/Cash Forward Oct 1st

Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2015/2016 budget.

Attachments

Budget Amendment 012 and Resolution

Indian River Count

Administrator

Legal

Budget

February 2, 2016 Department

Risk Management

84

RESOLUTION NO. 2016---A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2015-2016 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 2015-2016 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 2015-2016 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 Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc

The Chairman thereupon declared this Resolution duly passed and adopted this __ day of _______ , 2016.

Attest: Jeffrey R. Smith Clerk of Court and Comptroller

By ________ _

Deputy Clerk

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By _ ________ _


BY

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

t'. -

z:5iouNTY ATTORNEY 85

Exhibit "A"

Resolution No. 2016-

Budget Office Approval; Budget Amendment· 012 Jason E. Brov n, Burget Director

Entry Fund/ Departme w;buntName Account Number Increase Decrease Number

1. Revenues

Secondary Roads/Miscellaneous/Other Contributions/45th 109038-366090-16016 $20,000 $0 St Millings

Total Revenues $20,000 $0

Expenses

Secondary Roads/Road & Bridge/45th St Millings 10921441-053360-16016 $20,000 $0

Total Expenses $20,000 $0

2. Revenues

MPO/lntergovernmental/FDOT Safe Routes Grant 124033-331400-14811 $64,994 $0

MPO/Non-Revenue/Cash Forward Oct 1st 124039-389040 $0 $56,758

Total Revenues $64,994 $56,758

Expenses

MPO/Planning/Other Contractual Services/FOOT Safe 12420415-033490-14811 $8,236 $0

Routes Grant


3. Revenues

Optional Sales Tax/Intergovernmental/Hunter Education 315033-331700-16017 $144,000 $0 Classroom

Optio nal Sales Tax/Non-Revenue/Cash Forward Oct 1st 315039-389040 $316,000 $0


Expenses

Optional Sales Tax/Parks/Construction in Progress/Hunter 31521072-066510-16017 $460,000 $0 Education Classroom


4. Revenues

General Fund/Miscellaneous/Other Contribution/Donation 109038-366090-16016 $500 $0

Total Revenues $500 $0

Expenses

General Fund/Human Services/Medicine & Medical 00121164-035270 $500 $0

Supplies

Total Expenses $500 $0

86

Exhibit "A"

Resolution No. 2016-

(AL_~ Budget Office Approval: Budget Amendment: 012

Jason E. 7rown, pudget Direcior

Entry Fund/ Depai½en'UAccount Name Account Number Increase Decrease Number

5. Expenses

Emergency Services Dislrici/Fire Rescue/Other 11412022-066290-15020 $190,712 $0 Buildings/Modular Buildings-Stations 1 & 7

Emergency Services District/Fire Rescue/Reserve for 11412022-099910 $0 $190,712 Contingency

Total Expenses $190,712 $190,712

6. Expenses

MSTU Fund/Shooting Range/Computer Software 00416172-035120 $46 $0

MSTU Fund/County Planning/Computer Software 00420515-035120 $367 $0

MSTU Fund/Reserve for Contingency 00419981-099910 $0 $413

Transportation Fund/Public Works/Computer Software 11124319-035120 $1,444 $0

Transportation Fund/Reserve for Contingency 11119981-099910 $0 $1,444


7. Expenses

General Fund/Human Resources/EDP Equipment 00120313-0664 70 $1,250 $0

General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $1,250


8. Revenues

County Building/Non-Revenue/Cash Forward Oct 1st 441039-389040 $250,000 $0


Expenses

County Building/Building Department/Other Professional 44123324-033190 $250,000 $0 Services


9. Revenues

Optional Sales Tax/Non-Revenue/Cash Forward Oct 1st 315039-389040 $266,745 $0


Expenses

Optional Sales Tax/Facilities Management/Other 31522019-066390 $266,745 $0 Improvements Except Building


87

Exhibit "A"

Resolution No 2016-

Budget Office Approval: ~~-~ Budget Amendment: 012 Jason E. Bdwn, sydget Director -

Entry Fund/ Depart11 e~ccount Name Account Number Increase Decrease

Number

10, Expenses

MSTU Fund/North County Aquatics Center/Maintenance-00410472-034690 $16,479 $0

Other Equipment

MSTU Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $16,479


11. Revenues

Tourist Tax/Non-Revenue/Cash Foiward Oct 1st 119039-389040 $5,000 $0


Expenses

Tourist Tax/Dodgertown/Maintenance-Other Equipment 11916272-034690 $5,000 $0


88

TO:

TIIROUGH:

FROM:

DATE:

RE:

INDIAN RIVER COUNTY MEMORANDUM

Joseph A. Baird County Administrator

DEPARTMENT HEAD CONCURRENCE:

smn~ Community Development Director

Roland M. DeBlois, AICP <~

Chief, Environmental Planning & Code Enforcement

Kelly Buck\; LA Code Enfor~ nt Officer

1/25/2016

I ('()\SJ::\T

Full Gospel Assembly Inc. of Vero Beach's Request for Release of Easements at 1305 Old Dixie Highway SW (Dixie Heights Subdivision Unit 3)

It is requested that the Board of County Commissioners formally consider the following information at its regular meeting on February 2, 2016.

DESCRIPTION AND CONDITIONS

The County has been petitioned by Full Gospel Assembly Inc. of Vero Beach, owner of three adjacent lots at 1305 Old Dixie Highway SW in Dixie Heights Subdivision, for release of common IO.foot rear lot line drainage and utility easements on the lots. The purpose of the easements release request is to allow for expansion of an existing church and parking area on the combined lots (see attached maps).

ANALYSIS

The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easements. Therefore, it is staffs position that the requested easements release would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties.

RECOMMENDATION

Staff recommends that the Board, through adoption of the attached resolution, approve release of the common 10-foot rear lot line drainage and utility easements described in the resolution.

89

Full Gospel Assembly Inc. of Vero Beach Release of Easements Page 2

ATTACHMENTS

1. Map(s) depicting easement proposed for release. 2. Proposed County Resolution Releasing Easement.

APPROVED:

Legal

Budget

Dept.

Risk M r.

ease.bccmemo proj./appl. no. 99100004/73613

90

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ATTACHMENT 1 93

RESOLUTION NO. 2016 ---

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING EASEMENTS ON LOTS 9, 10 AND 11 OF BLOCK K, DIXIE HEIGHTS SUBDIVISION UNIT3

WHEREAS, Indian River County has an interest in drainage and utility easements on Lots 9, 10 and 11 of Block K, Dixie Heights Subdivision Unit 3; and

WHEREAS, the retention of those easements, as described below, serves no public purpose;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners oflndian River County, Florida that:

INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easements:

the south rear lot line ten (1 OJ foot drainage and utility easement on Lot 9, and the north rear lot line ten (JO) foot drainage and utility easements on Lots JO and 11, Block K, Dixie Heights Subdivision Unit No. 3, according to the plat thereof recorded in Plat Book 4, Page 84, of the Public Records of Indian River County, Florida.

This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960.

THIS RESOLUTION was moved for adoption by Commissioner _______ _, seconded by Commissioner _________ , and adopted on the _ ___ day of __________ 2016, by the following vote:

Chairman Bob Solari Vice-Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc

The Chairman declared the resolution duly passed and adopted this _ ___ day of

-----------, 2016.

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA

By: ----- ---- ----Bob Solari, Chairman

ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller

By: Deputy Clerk

ATTACHMENT 2 94

RESOLUTION NO. 2016 -

ease.bccdoc proj/apl. no. 99100004/73613

Cc: Applicant:

FULL GOSPEL ASSEMBLY INC OF VERO BEACH 1305 OLD DIXIE HWY SW VERO BEACH, FL 32962

95

I

INDIAN RIVER COUNTY, FLORIDA PUBLIC WORKS DEPARTMENT - TRAFFIC ENGINEERING DIVISION


CONSENT AGENDA

======================================-===========================·=

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


Christopher R. Mora, P.E. Public Works Director

Kimberly Graham,0 County Traffic Eng)~

Traffic Video Detection at Beachland/SRAlA and SR60/27th Avenue: Board Approval For Trade-in and Purchase Of Two (2) Video Detection Cameras

January 14, 2016

---------------------------------------------------------~------------------------------------------------------------------------------DESCRIPTION AND CONDITIONS

In accordance with County Capital Asset Policies and Procedures, the Traffic Engineering Division seeks Board approval and authorization to trade-in two (2) traffic video detection cameras and purchase two (2) traffic video detection cameras. The cameras are damaged and have minimal salvage value. The new cameras are needed to maintain the County's traffic video detection system at the intersection of Beachland and Mockingbird and SR60 and 27th Avenue.

The cost of the replacement cameras is $2,700.00 and the trade-in value of the damaged cameras is $650.00, resulting in a net purchase price of $2,050.

FUNDING

Funding for the purchase will come from a transfer from Traffic Engineering/MaintenanceTraffic Signals (11124541-034670) to Traffic Engineering/Other Machinery & Equipment (11124541-066490).

ATTACHMENTS

Office of Management & Budget Approved Disposal of Excess Property Memorandum

F:\TRAFFICIMA YA \BCC AGENDA ITEMSIAGENDA ITEMS\2012-2016\AGENDA ITEM MEMO TRADE-IN ITERIS VIDEO DETECTION CAMERAS.FEBRUARY 2 2016.DOC 96

Page 2 Consent Agenda Item For February 2, 2016 BCC Meeting Traffic Video Detection Cameras Trade-In and Replacement January 14, 2016

RECOMMENDATIONS

Staff recommends that the Board declare the cameras surplus, approve the transaction and authorize staff to trade-in two (2) traffic video detection cameras and purchase two (2} new traffic video detection cameras.

APPROVED AGENDA ITEM

FOR: February Z, 2016

Indian River Coun

Administration

Bud et

Le I

Public Works

Traffic Engineering

Purchasin

F:ITRAFFICIMAYAIBCC AGENDA ITEMSIAGENDA ITEMSITRADE-IN ITERIS VIDEO DETECTION CAMERAS.FEBRUARY 2 2016.DOC 97

TO: DATE: SUBJECT: FROM:

INDIAN RIVER COUNTY FORM FOR DISPOSAL/TRANSFER OF EXCESS PROPERTY

Raeanne Cone, Finance Department January 14, 2016

Disposa1/Transfer of Excess Property Kenny Jordan

Check One: Surplus ____ Transfer _____ Trade-In --=-=X=---_ Non-Capital ___ Missing/Stolen

Asset Number: ___ N_/_A ______ Department: Public Works/Traffic Eng. Fleet Number: ~N...c./c:...A=------------

Serial Number: RZ3 #N06040838687 AND RZ4 #K03032315217

Description: Iteris RZ3 & RZ4 Traffic Video Detection Cameras

Do you have possession of the asset?

If Lost/Missing has a police report been filed?

If yes, please attach a copy of the police report.

Yes_...:Xc.:....__

Yes NIA

If no, state reason:

No ---No ---

NIA

Is the item functional/WORKING CONDITION and could be used by another department? Yes

If not in working condition, description of problems with item: Cameras are not detecting vehicles

If transfer, department transferred to: NIA

Contact Person: ..::K.::::enn=y"-'-Jo"'r-=daaan;.;.__ _____________ Telephone Number: (772) 633-0302

Physical Location of asset: Traffic Operations - 4548 41st Street

(The above information will aid Purchasing and Facilities Management in the process of equipment removal from department).

If asset will be replaced, please answer the following: Purchase Order Number for Replacement: Date Replacement Received

Date

No X

~M,Wtf . I ~. IJO I 0

(> (~t "t - ~r,16 Date

If asset transfer, approval of department receiving asset:

Approval ___________________________ _

Director Date

Additional Comments:

Budget Director Date

DEP. RTMENT'S RESPONSIBILITY TO KEEP THE ITEM UNTIL FACILITIES MANAGEMENT CAN PICK UP. PROPERTY FROM YOUR LOCATlON WITHOUT PROPJi;R AUfHORIZATION FOR DISPOSAL.

This form is to be used for all property with or without an asset number assigned. Please attach a copy of this form securely to the item being disposed of.

All other forms for disposal/transfer of property now obsolete. Revised: August 2015

98

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.

PUBLIC DISCUSSION INFORMATION

Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action

Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission

NAME OF INDIVIDUAL OR ORGANIZATION: Jason Redmon, Indian River Sports Complex

ADDRESS: 2538 12th Square, S.W., Vero Beach, Florida PHONE: 772-501-6535

SUBJECT MATTER FOR DISCUSSION: Follow-up on Conversation on 16th Avenue Sports Complex

IS A PRESENTATION PLANNED?

IS BACK-UP BEING PROVIDED

IS THIS AN APPEAL OF A DECISION

DYES

D YES

D YES

~NO

~ NO

~NO

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Update from Commission

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D YES

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?

Transmitted to Administrator Via: Interactive Web Form E-Mail Fax Mail Hand Delivered Phone

D No

Document2 Boa.-d Approved 11/7/06

99

To:

Thru:

From:

Date:

Subject:

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

Assistant County Administrator / Department of General Sen-ices

The Honorable Board of County Commissioners


Michael C. Zito, Assistant County Administrator J/ January 26, 2016 ~ Rental Agreement Proposal for Hobart Baseball Fields.

BACKGROUND:

RECREATION

The Hobart Ballfield Complex was acquired by Indian River County in 1967 by Dedication from the Trustees of the Internal Improvement Fund for recreational purposes. The facility has been developed to include two baseball fields, one at high school dimensions and the other at youth dimensions. It is primarily utilized by the public on a first come first served basis. It is also utilized by the County Recreation Division on a limited basis. It is available to the public by reservation at the rate of $20 per hour per field and $20 per hour for lights. Historically, public demand for the reservation system has been low and the facility has not been attractive to Indian River County's growing sports tourism industry. In fiscal year 2014/2015, the facility generated a total of $64 3. 80 in rental revenue.

DESCRIPTION AND CONDITIONS: The Baseball Club of the Treasure Coast is a 501(c)(3) Nonprofit Association dedicated to the development of competitive travel baseball teams in Indian River County (the "Club"). They manage 4 organized baseball teams serving approximately 50 players ranging in age from 9 to 13. The Club is proposing a commitment to rent the fields for a minimum of 300 hours annually for up to 5 years at a reduced rate that reflects a 50% volume discount off of the standard rental rate. They also propose to construct permanent improvements which will inure to the ownership of the County. The Club proposes to be granted credit toward the rent due for each verified expenditure by the Club toward capital improvements made and funded by the Club. Rent is to be reconciled monthly.

ALTERNATIVES AND ANALYSIS: The proposed Rental Agreement includes an initial two year term with 3 annual renewals at a reduced rate of $10 per hour / per field, and $10 per hour for lights. It allows for a temporary suspension of the term should the County endeavor to renovate or expand the facility. The Agreement requires that all improvements shall first be approved by the Recreation Manager to be in the best interests of the public and that all improvements shall be owned by the County. Under the Agreement, the County reserves the right to utilize and charge a fee for the public to utilize the improvements during after the term of the Agreement. The Agreement leaves approximately two thirds of the facility's prime time rental capacity available to the public.

100

FUNDING: No direct funding is required under this Agreement. It is estimated that the Parks Division budget will incur additional electrical costs in the amount of $1500. It is projected that the Agreement will generate a combination of improvements and rental fees averaging $7,500 annually.

RECOMMENDATION: Staff respectfully requests that the Board approve the attached Rental Agreement and authorize the Chairman to sign.

ATTACHMENTS: Rental Agreement

Approved Agenda Item

FOR:

' .&aud os~ h A. Baird

County Administrator

February 2, 2016

Indian River County Approved Date

Administration

County Attorney

Budget Department

Risk Management

101

581H AVENUE/HOBART PARK BALLFIELDS

RENTAL AGREEMENT

THIS 5grH AVENUE/HOBART PARK BALLFIELDS RENTAL AGREEMENT (hereinafter "Agreement"} is entered into as of the_ day of February, 2016 {hereinafter "Effective Date") by and between Indian River County, Florida, a political subdivision of the State of Florida ("County") and Michael Paul Massey d/b/a Baseball Club of the Treasure Coast (hereinafter "Baseball Club").

WHEREAS, the County owns and maintains the baseball fields on 58th Avenue located near the Kiwanis Hobart Park (hereinafter the "Ballfields") in Indian River County, Florida; and

WHEREAS, the use of the Ballfields is otherwise free to those who use the field without a reservation on a first come first served basis; and

WHEREAS, the County charges various reservation fees for the use of the Ballfields including field and light charges. The standard fee is $20 per hour I per field and light charges at $20 per hour/per field (the "Standard Rental Rate"), however, the complex generates only nominal revenue for the County; and

WHEREAS, the Baseball Club of the Treasure Coast is a not-for-profit organization dedicated to the development of competitive travel baseball teams in Indian River County, managing four organized baseball teams serving approximately fifty players ranging in age from nine to thirteen.

WHEREAS, instead of making individual reservations, the Baseball Club would like to reserve a block of time for the use of the Baseball Club over the course. of 2 years, which will provide the County with a guaranteed source of revenue from the use of the Ballfields; and

WHEREAS, in order to incentivize the mutually acceptable terms of this Agreement, the Baseball Club will rent the Ballfields for a total of not Jess than 300 hours annually;

NOW, THEREFORE, in consideration of the foregoing and the mutual benefits, undertakings and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Section 1. Adoption of "Whereas" Clauses. The above recitals are true and correct and are incorporated herein.

Section 2. Term. The term of this Agreement shall be for2 years, commencing on the Effective Date and terminating 2 years after the Effective Date. The Agreement shall be

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renewable for three (3) one (1) year terms, by mutual consent of the County and the Baseball Club. Any election not to renew shall be served by written notice to the other party no less than 30 days prior to the expiration of the initial or any renewal term.

Section 3. Rental Fees for the Ballfields. Rental fees due for use of the Ballfields shall be billable at the. rate of $10 per hour/ per field and $10 per hour for lights (The "Adjusted Rental Rate"). All rent due shall be due monthly. At the end of each month, the County will provide an invoice to the Baseball Club for the previous month's rent. The Baseball Club will have five business days to pay the invoice. Cancellations shall be confirmed at least 5 days in advance to avoid being charged, exceptthat cancellations due to inclement weather, including but not limited to rain, lighting or unfit conditions of the Ballfield, shall not be charged.

The Baseball Club may receive credit against the Adjusted Rental Rate due for actual Improvements to the Ballfields, as described in Section 6 below with advance approval by the County Recreation Manager. Any direct purchase receipt for materials donated or improvements made by the Baseball Club to the Ballfields shall be credited to the Adjusted Rental Rate and applied to the next monthly rent payment due under the Agreement. Any unused. credits shall be rolled over and applied to the next monthly billing cycle. Any remaining cash balance due shall be calculated at the Adjusted Rental Rate and invoiced to the Baseball Club as part of the monthly invoice set forth in this section above.

Regardless of cancellations, annually the Baseball Club shall pay for a minimum of 300 hours of fields and 100 .hours of lights at the Ballfields. Any amount owed due to the Baseball Club not meeting the minimum hours required under this Section for fields or lights shall be included in the invoice for February each year.

Section 4. Non-Exclusive Use of the Ballfields. The Baseball Club shall have the exclusive reservation of the Ballfields. on Tuesdays and Thursdays between 5 pm to 9 pm and on Sundays· between 1 pm and 5 pm. At all other times, the Ballfields shall remain available for reservation by the public at the Standard Rental Rate or reserved by the Baseball Club at the Adjusted Rental Rate. The Ballfields shall remain open to the public during unreserved time periods free of charge.

Section 5. Lining and Dragging i:he Ballfields. The County lines and drags the Ballfields as part of the routine maintenance of the Ballfields, however; the Baseball Club shall have the right utilize Baseball Club's labor materials and equipment to line or drag the Ballfields in preparation for games, practices, and other Baseball Club events which occur during the times reserved for the Baseball Club as set forth in Section 4 above .. The maintenance set forth in this Section 5 shall not be allowed to be used for credit per Section 3 above.

Section 6. Ballfields Improvements. The Baseball Club shall not make or allow to be made any alterations, additions or improvements (hereinafter "Improvements") as set forth in Section 3 above, without obtaining the prior written approval of the County, which consent shall not be unreasonably withheld, delayed or conditioned. The Baseball Club

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shall deliver to the County a copy of the construction plans and specifications for all Improvements, if applicable, which the Baseball Club proposes to make in or to the Ballfields. The Baseball Club agrees that all approved work shall be done in a good and workmanlike manner. The Baseball Club shall obtain, at the Baseball Club's expense, all necessary permits and approvals from governmental authorities for the commencement and completion of any s.uch Improvements and shall furnish evidence of such approval to the County prior to the commencement of construction or installation of any such Improvements. All Improvements shall be constructed in accordance with all applicable building codes, laws and regulations. All of Baseball Club's Improvements shall be deemed to be a part of the Ballfields, and the Baseball Club shall be obligated to maintaln and repair the same. All Improvements in or to the Ballfields shall, when made, become the property of the County and shall be surrendered to the County upon the termination of this Agreement, whether by lapse of time or otherwise. The Baseball Club shall indemnify, hold harmless and defend the County from and against any and all claims, losses, liabilities, costs, damages and expenses (including court costs and attorneys' fees at or before the trial level and in any appellate proceedings) arising out of or relating to any Improvements made by the Baseball Club in or to the Ballfields• (notwithstanding County's prior written consent thereto). All of Baseball Club's Improvements shall be secured by the Baseball Club when not being used by either the Baseball Club or the County. The Baseball Club and the County shall cooperate to maintain lock combinations or key access to the Improvements at all times under this Agreement.

The County and the public shall have the right to utilize the Improvements during those times in which the Ballfields are not reserved for use by the Baseball Club. The County shall retain the right to collect a fee for use of the Improvements by the public. The County and the Baseball Club shall have access to the Improvements at the times allotted by this Agreement.

Section 7. Advertisement at Baseball Fields Fences. The Baseball Club shall be entitled to obtain revenue from any advertising the Baseball Club secures at the Ballfields. Such advertising shall be limited to banners or signs which are displayed on the inside portion of the outfield fences. Any banners or signs must be approved by the County Recreation Manager prior to display. All signage must comply with any requirements set forth in Chapter 956 of the Indian River County Code of Ordinances, if applicable. The Baseball Club shall pay the County 10% of any revenue earned from advertisement at the Ballfields as set forth in this section. Such payments shall be made to the County quarterly and in addition to the total rent due as set forth in section 3 above.

Section 8. Baseball Club Equipment Storage. The Baseball Club shall have the right to store equipment at the Ballfields, subject to approval by the County Recreation Manager or his Designee. The Baseball Club will be responsible for providing its own storage facilities for such equipment. The Baseball Club shall solely be responsible for any damage or loss of such equipment stored at the Ballfields.

Section 9. Insurance Requiremenm. Within 21 days of the Effective Date of this Agreement, the Baseball Club shall provide the County with evidence of insurance, including commercial general liability, and if applicable, automobile liability and workers'

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compensation, for all of its organized baseball teams. If the Basebal.1 Club adds any additional organized baseball teams, the Baseball Club shall provide such evidence within 14 days of such addition. If children will be supervised in connection with use of the Ballfields, sexual molestation liability insurance will also be required. All insurance, with the exception of workers' compensation, will name the County as additional insured.

Discretionary -Authority - Depending upon the nature of any aspect of the use of the Ballfields and its accompanying exposures and liabilities, the County may, at its sole discretion, require additional. insurance coverages or specific coverage amounts, which may or may not require that the County also be named as an additional insured.

Section 10. Liability and Indemnification. The County shall in no way be liable or responsible for any accident or damage that may occur in conjunction with any of the activities described in this Agreement. The Baseball Club shall defend; hold. harmless and indemnify the County with respect to any and all actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional misconduct, breach of this Agreement Qr breach of applicable law by the Baseball Club in conjunction with any of the activities described in this. Agreement. This eection 10 shall survive the termination of this Agreement with respect to any acts or omissions occurring prior to the date of termination.

Section 11. Assignment. The Baseball Club shall not transfer or assign this Agreement, or any portion thereof, to any third party without the express written approval of the County, which approval may be granted or withheld .in its sole discretion.

Section 12. Termination. Either party may terminate this Agreement if the other party fails to comply with a term of the Agreement. The terminating party shall notify the other party of the decision to terminate this Agreement at least 30 days before the effective date of termination. The party in default may avoid termination by correcting the default to the satisfaction of the other party prior to the effective date of termination stated in the notice. The County reserves the right to suspend this Agreement for a period of up to 18 months following 60 days' notice of the County's intent to proceed with any renovation, improvement, or construction project to the Ballfields that will substantially interfere with the use and enjoyment by the Baseball Club of the Ballfields (the "Suspension Period"). Suspended time shall extend the lease by the amount of days. under the suspension period. After the suspension period, any unused credits for improvements under Section 6 shall remain available to the Baseball Club under the terms of this Agreement and applied to the Baseball Club's. utilization of the Ballfield's in their after improved condition.

Section 13. Ballfield Rules Apply. Unless otherwise stated herein, the Baseball Club shall comply with all of the rules and regulations contained within the Indian River County Recreation Department Athletic Field Permit Application, attached hereto as Exhibit "A".

Section 14. Miscellaneous.

A. Time of the Essence. Time is of the essence in the performance of each and every provision of this Agreement.

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B. Force Maieure/Emergency. Any non-performance of the terms or conditions of this Agreement caused by or resulting from an event of Force Majeure (as defined below) shall riot constitute a violation or event of default. For the purposes of this Agreement, the term "Force Majeure" s.hall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, explosions; insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints of governments, civil disturbances, unavoidable breakage of machinery or equipment, enactment of applicable laws prohibiting performance, and other such causes not within the reasonable control of the party claiming the occurrence of an event of Force Majeure.

C. No Waiver. The failure of either party to enforce any provision of this Agreement, or the waiver thereof, in any specific instance by either party shall not be construed as a general waiver or relinquishment on its part of such provision in any other instance, and such provision shall nevertheless remain in full force and effect.

D. Binding Affect; Severabifity. All of the provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties. If any provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby.

E. Governing Law; Venue; Attorney Fees. This Agreement shall be construed, governed and interpreted according to the laws of the State of Florida. Venue for resolution of any dispute shall be in Indian River County, Florida. Each party shall bear its own attorney fees in any dispute arising under this Agreement.

F. Entire Agreement: Amendments. This instrument constitutes the entire agreement between the parties and supersedes al.I previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by written amendment or other appropriate written document. This Agreement may be executed in separate counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument.

G. Construction/Interpretation of Agreement. Each party has participated equally in the negotiation and drafting of this Agreement. In the event that an arbitration panel or court is required to interpret any provision of this agreement, the provision shall not be interpreted for or against either party upon the basis that such party was or was not the preparer of this Agreement.

H. Sovereign Immunity. Nothing herein shall constitute a waiver of the COUNTY'S sovereign immunity.

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I. Waive.r of Jury Trial. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CAUSE OF ACTION OR ISSUE ARISING OUT OF OR RELATING TO THIS AGREEMENT.

J. Emergency County Use. In an emergency declared by th.e appropriate authorities under Chapter 252, Florida Statutes, the County reserves the right to use the Ballfields as a part of its emergency response and recovery operation as long as reasonably necessary in the County's opinion.

K. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this Agreement is solely for the benefit of the named parties, and no enforceable right or .cause of action shall accrue hereunder to or for the benefit of any entity or individual not a named party hereto.

L. Notices. Any notice required hereunder shall be in writing and shall be delivered by personal delivery, courier, express or overnight mail, or certified mail, return receipt requested, addressed to the appropriate party as follows:

If to County

If to the Baseball Club

County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960

Michael Paul Massey 466 33rd Avenue SW · Vero Beach, FL 32968

M. Counterparts. This Agreement may be executed in one or mo.re counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument.

IN WITNESS THEREOF, the parties have set their hands and seals the date entered below.

ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller

By.: - - ------- - - ~ Deputy Clerk

(Affix Seal)

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY ("Indian River County")

By: ----------- --Bob Solari, Chairman

Approved by BCC: February _ , 2016.

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Approved:

By:-----------Joseph A Baird County Administrator

ATTEST:

(Affix Seal)

Approved as to form and legal sufficiency:

By:~ ~ County Attorney

MICHAEL PAUL MASSEY /d/b/a / Baseball Club of the Treasure Coast

By: _____________ _

Date: ___________ , 2016.

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Pw,.7d7 109

/3/t O.ffice ef Attom~y's Mallers 02/0:2/ :.?0/6


Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kale Pingolt Cotner, Assistant County Attorney

TO:

THROUGH:

FROM:

DATE:

MEMORANDUM


Chris Mora, Public Works Director~--

iJ))LBw,mam K DeBraal, Deputy County Attorney

January 22, 2016

SUBJECT: Purchase of Five Lots Located at 58th Avenue North of 57 th Street Owned by Bent Pine Golf Club, Inc.

In 1991, Bent Pine Golf Club, Inc. (Bent Pine) bought five lots on the west side of 58th Avenue just north of 57th Street. An aerial photo of the lots is attached to this memorandum. You will see that the northern most lot is a double lot. All of these lots front 58th Avenue for ingress and egress. The properties are zoned RS-3, residential , up to 3 units per acre with an underlying future Land Use Designation of L-2, residential , up to six units per acre. The lots are unimproved with no structures on them.

Bent Pine originally purchased the lots to serve as a buffer to their subdivision entrance. As the years have gone by, changes have occurred around the Bent Pine entrance, including the development of Vero Lago subdivision and the addition of a traffic signal at the intersection of 5gm Avenue and 57th Street. These changes contributed to Bent Pine redesigning its entrance to the current shared roundabout with Vero Lago. This alignment now provide alignments with 57th Street for ingress/egress via a traffic light at 58th Avenue. Bent Pine has determined it no longer needs the lots to serve as a buffer and their attorney, Brad Rossway, has approached County staff to inquire whether the County would be interested in purchasing the lots.

Staff has determined that purchasing these lots would be beneficial for use as right-of-way or a linear retention pond if 58th Avenue or the intersection needs to be expanded in the future. The County retained the services of Bob Oliver and Associates, a local appraiser, who valued the lots at $8,500 a piece for a total value of $51,000.00. For appraisal purposes, the northern most double lot was appraised as two single lots. (6 lots x $8,500 = $51 ,000) The County Attorney's Office drafted the attached Agreement to Purchase and Sell Real Estate and furnished it to Mr. Rossway for presentation to the Bent Pine Board of Directors who approved sale of the lots at the appraised price.

Admln.

Legal

Budget 7- -~ COUNTY ATTORNEY

110

Purchase of Bent Pine Lots January 22, 2016 Page 2

According to the subdivision by-laws, the sale of real property owned by Bent Pine must be approved by its members at their annual membership meeting coming up in March 2016. Should the Board of County Commissioners approve the purchase agreement, the matter will be placed on the agenda for the Bent Pine owner's annual meeting. Pending approval by Bent Pine, the transaction would close in April.

Funding. Funding for this expenditure is available from Optional Sales Tax/Misc ROW - 31 521441-066120

Recommendation. Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate with Bent Pine for the lots at a price of $51 ,000 and authorize the Chairman to execute the Agreement on behalf of the Board.

Attachments: Aerial photo

Copies to:

Agreement to Purchase and Sell Real Estate

Chris Mora, Public Works Director Brad Rossway, Esq.

lll

AGREEMENT TO PURCHASE AND SELL REAL ESTATE

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTA TE ("Agreement") is made and entered into as of the __ day of _______ , 2016, by and between Indian River County ("County"), a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 and Bent Pine Golf Club, Inc. ("Sellers"), a Florida not for profit corporation, whose address is 6001 Club House Drive, Vero Beach, FL, 32967-4599, who agree as follows:

1. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, those five (5) certain parcels of real property located at 5775 (double lot), 57 45, 5735, 5725 and 5715 58th Avenue, County of Indian River, State of Florida and more specifically described on Exhibit "A" attached hereto and incorporated by this reference, containing a total of approximately 1.16 acres,· and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property").

2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for Property shall be Fifty-One Thousand and 00/00 Dollars ($51,000.00). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board. This Agreement is contingent upon approval by the Bent Pine members at its annual meeting of members in March 2016.

3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions").

3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects with in thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

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4. Representations of the Seller.

4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances.

4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County.

4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district.

5. Default.

5.1 ln the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing .

5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing:

6. Closing.

6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 60 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows:

(a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3.

(b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof.

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(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.

(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980.

(e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction.

6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller.

7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents.

7.1 County shall pay the following expenses at Closing:

7 .1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement.

7.1.2 Documentary Stamps required to be affixed to the warranty deed.

7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any.

7.2 Seller shall pay the following expenses at or prior to Closing:

7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property.

8. Miscellaneous.

8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters.

8.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any

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modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties.

8.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.

8.4 Notices. Any notice shall be deemed duly seNed if personally seNed or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows:

If to Seller:

If to County:

Bent Pine Golf Club, Inc. 6001 Club House Drive Vero Beach, FL, 32967-4599

Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Public Works Director

Either party may change the information above by giving written notice of such change as provided in this paragraph.

8.5 SuNival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall suNive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.

8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses.

8.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original.

8.8. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.

8.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest

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disclosure statement in the form attar..:hed to this Agreement as an exhibit that compl ies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.

SELLER: BENT PINE GOLF CLUB, INC.

By:------------Printed Name: ----------Its: ------------

Date approved by Board: ____ _

Witnessed by:

Printed Name: ------ ---

Printed Name: _________ _

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

By:--- ---------Bob Solari, Chairman

Date Approved by Board: ___ _

Attest: Jeffrey R. Smith, Clerk of the Court and Comptroller

By _____________ _

Deputy Clerk

Approved as to form and

Legal suffici~n~w

1!1!6t.6;...ra..,,,,a~l"'-------Deputy County Attorney

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EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

KINGS MUSIC LANDS SUB I,

· BLK I LOTS 10 & 11

PBI 6-17

KINGS MUSIC LANDS SUB I

. BLK I LOT 13

. PBI 6-17

. -KlNGS MUSIC LANDS SUB I

BLK I LOT 14

PBI 6-17

· KINGS MUSIC LANDS SUB I

.· BLK I LOT 15

PBI 6-17

· KINGS MUSIC LANDS SUB 1

< BLK 1 LOT 16

. PBI 6-17

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Dylan Reingold, County Attorney William K. DeBraal, Deputy County ,\.ttorncy Kate Pingolt Cotner, Assistant County Attorney

t3B Attorney's Matters - B.C.C. 2.2.16

Office of


MEMORANDUM

TO:

FROM:

DATE:


Dylan Reingold, County Attorney~

January 20, 2016

SUBJECT: All Aboard Florida St. Johns River Water Management District Permit Outside Counsel

BACKGROUND.

On November 13, 2015, the St. Johns River Water Management District (the "District") received an Individual Environmental Resource Permit ("ERP") application for the All Aboard Florida project (the "Project"). Specifically, the ERP application is for Segment D08 of the Project which spans approximately 67 miles from SR 528 in eastern Brevard County to the Indian River County - St. Lucie County Line. The ERP application includes bridge work at Horse Creek, Goat Creek, North Canal, Main Canal and South Canal along with work in multiple areas involving installation of additional tracks requiring stormwater treatment.

The ERP application states that an exemption request was been granted for the replacement of approximately 51 miles of rail; installation of new additional proposed track totaling 74,250 LF of additional track in addition to the restoration of the historic double track; and installation of approximately 3.2 miles of upland train crossovers (pedestrian crossovers). The ERP application also does not include the potential future replacement of the St. Sebastian River, Crane Creek, Turkey Creek, and Eau Gallie River bridges, which are proposed to be submitted for permitting after conclusion of the pending review by the State Historic Preservation Officer.

On December 25, 2015, the District posted notice of the ERP application and opened up a 14 day comment period for the submission of questions, objections, comments or information regarding the Project's ERP application. On January 6, 2016, Indian River County submitted comments to the District raising questions concerning the inconsistency of the Rail Cross Sections and the Normal Typical Sections for the Project and the impact of that inconsistency on the wetland impact analysis. The comments also addressed issues relating to the lack of information concerning the impact of the drainage swales on wetlands. Finally, the comment questioned the appropriateness of the ERP application to rely on the Project FEIS, which was generated during a flawed and incomplete NEPA process.

Indian River Co.

Approved for February 2, 2016 BCC Meeting Admin.

~ COUNTY ATTORNEY F.· V.JJorney'.Linda',GENERALlB C C,Agn 1.~ Memot\All A-bvurd Florida Di,irkt Permit Anom ey.dac

Co. Atty.

Budget

De artment Risk Management

119

Board of County Commissioners January 20, 2016 Page Two

On December 11, 2015, the District issued a request for additional information concerning the Project ERP application. The request for additional information is attached. All Aboard Florida has until March 10, 2016 to submit the requested information to the District.

Additionally, on October 22, 2015, the District received an application for an Environmental Resource General Permit ("General Permit") for the installation of 67 miles of fiber optic cable from Fort Pierce to Cocoa Beach, which includes 9 subaqueous crossings. The General Permit application states that no work is proposed within wetlands or surface waters and that no wetlands or surface waters will be drained. The General Permit application indicates that the fiber optic cable will be installed through directional drilling and jack-and-bore methods. The Environmental Resource General Permit was issued on October 28, 2015 and expires on October 15, 2020.

On January 19, 2016, the Indian River County Board of County Commissioners (the "Board") authorized the County Attorney's Office to hire a Florida law firm famiEar with the District permitting process in order to assist in the overall review and evaluation of the District applications and to identify options for potential challenges, if necessary. At the time, the County Attorney's Office stated it would bring a contract to the Board for approval. The County Attorney's Office recommends that the Board hire Shubin & Bass, P.A. Shubin & Bass, P.A. is a boutique law firm with experience in litigation and administrative proceedings involving land use, zoning and environmental matters. Attached is a proposed retainer agreement. Shubin & Bass, P.A. charge their governmental clients a blended rate of $$295.00 per hour meaning that all attorneys, regardless of their hourly rates (which range from $215 to $650 per hour) shall be billed to Indian River County at this hourly rate. Paralegal time will be billed at $85.00 per hour.

FUNDING.

On March 24, 2015, the Board of County Commissioners approved a funding allocation for expenses associated with the All Aboard Florida permitting process. For fiscal year 2015/16, $1 ,100,000 has been authorized for this purpose. Funding is provided from General Fund reserves (account number 00110214-033110-15023), therefore, the current year millage rate is not impacted.

RECOMMENDATION.

The County Attorney's Office recommends that the Board approve the retainer agreement with Shubin & Bass, P.A. and authorize the County Attorney to execute same.

A TTACHMENT(S).

Proposed Retainer Agreement

f-: '-Attorne)i•Linda\GENEP.A.L \B C C\4genda Memos'.All Aboard Florida District Permit Attorney.doc

120

Via E-Mail Transmission

Mr. Dylan Reingold, Esq. County Attorney, Indian River County County Attorney's Office 1801 27th Street Vero Beach, Florida 32960-3365 [email protected]

January 20, 2016

Re: Agreement for Legal Services by and Between Shubin & Bass, P.A. and Indian River County

Dear County Attorney Reingold:

This Agreement for Legal Services (''Agreement") represents the agreement of Indian River County ("County," "you" or "Client") to retain Shubin & Bass, P.A. ("Legal Counsel") to perform legal services for the County. This letter is intended to set forth our understanding as to the nature and scope of the legal services we have agreed to render for you, the manner in which our fees for these services shall be determined, and the terms upon which you will make payment of our fees and costs.

1. Nature of Legal Services: The County has agreed to retain Legal Counsel to represent its interests with respect to evaluating the propriety of the St. Johns River Water Management District permitting process for the All Aboard Florida project, including but not limited to, any and all subsequent legal and/or administrative challenges of any permits.

2. Fees and Costs for Services: Except as otherwise provided herein, Legal Counsel acknowledges and agrees that its fees shall be calculated on a discounted hourly basis. The discounted hourly rate for all the firm's attorneys shall be a "blended rate" of $295.00, meaning that all attorneys, regardless of their hourly rates (which range from $215 to $675/hr) shall be billed to the County at this hourly rate. Paralegal time shall be billed at $85.00 per hour. Legal counsel shall keep track of its time on an hourly basis, as set forth above, and the County shall be provided with monthly invoices of such time.

You also agree to be responsible for the payment of any costs reasonably necessary to assist this firm in its representation of you. For purposes of this Agreement, .. costs" shall include, but not be limited to, the following: filing fees, photocopying charges, facsimile charges, witness fees, expert witness costs, deposition costs, court reporter costs, travel expenses, and all other out-ofpocket expenses incurred on your behalf. Reimbursement of costs shall be as provided in this Agreement.

121

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3. Payment of Fees and Costs: You shall be billed monthly for time spent and costs incurred on your behalf. You also agree to pay each bill within sixty ( 60) days from receipt, unless we agree to a different arrangement in writing. In the event that the outstanding balance reaches or exceeds Five Thousand Dollars ($5,000.00) for more than thirty (30) days, you consent to Legal Counsel's withdrawal and agree that said withdrawal shall not prejudice Legal Counsel's ability to collect said balance. Similarly, you acknowledge that Legal Counsel shall bill you at its hourly rate for its efforts in collecting past due monies, whether or not a formal action to collect such monies is commenced. In the event that any action is commenced to recover funds owed under this Agreement, the prevailing party shall be entitled to recover their attorney's fees and costs. In any such action, venue shall be in Miami-Dade County, Florida.

4. No Representations or Warranties Concerning the Ultimate Fees and Costs or Likelihood of Success: You expressly agree and acknowledge that Legal Counsel has made no representation or warranty to you concerning the ultimate fees and costs that will be incurred representing you through the conclusion of this Matter. The parties recognize and acknowledge that legal fees for work on the Matter can get very high very fast due to the procedures that govern such representations. Moreover, you ftuther agree and acknowledge that Legal Counsel has made no representation or warranty to you concerning the likelihood of success in this Matter.

5. Acknowledgement of Ethics Laws: Client expressly acknowledges that certain local. state, and federal rules regarding lobbying could be implicated by this Matter. Client agrees to abide by all such rules which are or may become applicable.

6. Acknowledgement and Waiver of Potential Conflicts: You expressly understand and acknowledge that Legal Counsel may represent certain interests and advocate certain legal positions that seek to challenge the entitlement and development of real property or which address appropriate governance issues under Chapters 718 or 720 of the Florida Statutes. Such representation includes, by way of illustration, challenges to the validity of certain land development regulations, challenges to certain entitlement processes, challenges to the enactment and adoption of certain development orders as inconsistent with state-mandated comprehensive development master plans, and other land use based challenges. With respect to the impact of private restrictions and statutory provisions on the use of real property, these challenges include attempts by affected parties to limit the uses of real property through their enforcement. In both capacities, Legal Counsel maintains an active litigation and appellate practice where such issues are routinely litigated and where such issues shall continue to be litigated. The direct possibility exists in any such case that an issue of law or policy might be decided which could adversely impact the Matter. You expressly acknowledge this possibility and waive (or agree to waive), to the extent permitted by applicable rules governing the practice of law and the conduct of lawyers, any such actual or implied conflict which could arise by virtue of Legal Counsel's normal and routine practice. Legal Counsel agrees to promptly notify Client of any actual or implied conflict of which it becomes aware.

Client acknowledges that Legal Counsel maintains on-going representations with many units of local government and is engaged in representations of property owners and developers throughout the State of Florida. No conflict of interest exists or shall be deemed to exist if, when, and where one of Legal Counsel's other clients engages in a development project in the County or

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122

of the same nature as the Matter, and their representation shall not serve to preclude Legal Counsel from representing clients in the County.

. In the event that a conflict of interest arises between you and a previously existing client, the parties to this agreement agree and acknowledge that Legal Counsel may, consistent with the applicable rules governing the practice oflaw, continue to represent Legal Counsel's previously existing client, so long as it does not in any manner relate to this particular engagement.

7. Termination Agreement and File Retention: At the conclusion of this Matter, we will retain your legal files for a period of six (6) years after we close our file. At the expiration of the six (6) year period, we will destroy these files unless you notify us in writing that you wish to take possession of them. We reserve the right to charge administrative fees and costs associated with researching, retrieving, copying and delivering such files.

8. Commencement of Representation: If the foregoing represents the Client's understanding of our agreement. please execute this Agreement below, indicating your approval and acceptance of same, and return it to us at the below-referenced address. Payments may be made via wire transfer as set forth below:

Shubin & Bass, P.A. Regions Bank

3516 Main Highway Coconut Grove, FL 33130

ABA#062005690 Operating Account #0226832232

On behalf of the entire firm, we appreciate your confidence in us, and we assure you that we shall make every effort to perform our services for you in a prompt and efficient manner.

Sincerely,

SHUBIN & BASS, P.A. 46 SW 1st Street, Third Floor Miami, Florida 33130 Telephone (305) 381-6060 Facsimile (305) 381-9457 j [email protected]

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THE FOREGOING HAS BEEN READ, UNDERSTOOD, AND AGREED TO, this _ day of February, 2016, who represents and warrants that he has read this agreement and understood its terms.

INDIAN RIVER COUNTY

By: _____________ _

Dylan Reingold, Esq. County Attorney

Date: ________ _

124

TO:

DATE:

BCCAGENDA February 2, 2016

ITEM 14.A (1)




January 27, 2016

SUBJECT: County Administrator's Contract

FROM: Commissioner Bob Solari

A copy of the proposed contract for the new County Administrator, Jason Brown, is attached. I would like to have a discussion of, and if it is the pleasure of the board, the approval of the contract.

Thank you.

12S

County Administrator Contract

IRC 2008-2011 C.A. IRC 2015-2016 IRC 2016-2018 C.A.

Contract C.A. Contract Contract (Proposed) Notes

Salary

Florida Retirement System

Deferred Comp.

Auto Allowance

Health Insurance dependent

coverage paid by County

Annual Physical

Long-term Disability

Cell & Technology Expenses

Continuing Education

Vacation

Total:

Term:

Sick Accrual & Payout

Severance

Notice

Notes:

$184,826

$39,608

$33,000

$4,200

$2,610

$240

$887

$1,200

$3,000

$14,217

$283,788

3 years

paid in full

2008 - 12 months

2009 - 11 months

2010 - 10 months

90 days

$201,960

$26,012

$24,000

$2,600

$0

$240

$0 $1,200

$3,000

$15,535

$274,547

27 months (DROP

limited)

paid in full capped

a 400 hours

5 months

30 days

1. Same as other general County employees for proposed contract.

2. Dependent Coverage offered but not used 2015-2016.

$167,000 $35,788 (7)

$0 $2,600

$0 {1)(2}

$0 (3)

$0 $1,200 (4)

$3,000 (5)

$12,846 (6)

$222A34

3 years - 1 year

renewals

paid at half amt.

accrued {1}

Year 1 - 5 months

Year 2 - 4 months

Year 3 - 3 months

30 days

3. Annual Physical cost is approximate, based upon average over 5 years (offered but not used

2015-2016). Not included in proposed contract.

4. County provided cell phone for 2008-11 and 2015-16 contract. Cell phone allowance and

technology allowance for proposed contract.

5. Approximate amount varies annually.

6. This quantifies the value of vacation days to the employee. It is not additional compensation

above base salary.

7. Florida Retirement System shows the employer contribution for Senior Mgt. Class {21.43%} for

2008-2011 and the proposed contract. For 2015-16 the employer contribution for DROP

participants {12.88%} is shown. Bob Solari Page 1 1/27/2016

126

.. .... ....

Surrounding County Administrator Contracts

Martin County St. Lucie County

Annual Salary $147,084 $173,555

Yes - maximum Yes - 4.84% of salary -Deferred Compensation

allowed - $24,000 $8,400

Auto Allowance $6,000 $3,600

medical and dental

Health Insurance with dependent same as other County

coverage no cost to employees employee

Term 7 years with automatic 2 years with automatic

1-year renewals 2-year renewals

1 year without cause, 20 weeks without

Severance none with cause

cause, none with

cause

Notice 60 days none listed

Additional Comments

Osceola County Brevard County Okeechobee County

$199,112 $185,400 $124,630

Yes• maximum

allowed -

$18,000/$24,000, plus No No 50% of this amount to

a 401(a) account

$5,400 none listed County vehicle

provided

family health same as other County same as other County insurance provided employees employees

No term - continuing No term - continuing 3 years with automatic in nature in nature 1-year renewals

12 months salary or 20 weeks "for the

keep as consultant for convenience of the

5 month "without 12 months at full

County", none if for cause", none for "just

salary, none if for "just "good cause"

cause" cause"

none listed 10 days none listed

Long-term disability

insurance provided at Termination requires 66 2/3% of salary. 5 vote of 4 out of S weeks of vacation County Commissioners

leave/yr. plus 8 admin. with or without cause Days

.. ~ QC

County Administrator Contract Summary

County Administrator County Administrator Contract 2008-2011 Contract - 2015/16

Salary $184,826 $201,960

Deferred Compensation Yes - maximum allowed - Yes - maximum allowed -

$33,000 $24,000

Auto Allowance $4,200 $2,600

Health Insurance Yes - $217.50/ month

Dependent Coverage paid ($2,610/ year)

Yes - but not utilized by County

Annual Physical paid by Yes - varies~ $240/ year Yes - but not utilized

County average

Long-term Disability Paid by County - $887 / year Employee may purchase at

employee's expense - $0

Accrued leave paid in full Accrued sick paid in full upon Sick Accrual & Payout upon contract termination contract termination capped

(up to 405 hours) at 400 hours

Term 3 Years 2 Years and 3 Months (limited

by DROP date)

2008 - 12 months Severance 2009 - 11 months 5 months

2010 - 10 months

Notice 90 days 30 days

Proposed Contract beginning

July 1, 2016

$167,000

No

$2,600

No

No

Employee may purchase at

employee's expense - $0

Accrued leave paid at 1/ 2 of

balance capped at 6 weeks

(same as other employees)

3 years with automatic 1-

Year renewals

Year 1- 5 months Year 2 - 4 months Year 3

and after - 3 months

30 days

Changes vs. 2015/16

Contract

$34,960 savings, plus

benefits

$24,000 savings, plus

benefits

no change

potential savings=

$2,610/ yr. at current rate

potential savings - ~$240/

year avg.

no change

hours paid at half rate

with lower cap upon

termination

automatic 1 year renewals

declining to 2 months less

no change

EMPLOYMENT AGREEMENT BETWEEN


AND JASON E. BROWN

COUNTY ADMINISTRATOR

THIS AGREEMENT made and entered into on February_, 2016 by and between the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida (hereinafter "Board" or "County") and Jason E. Brown (hereinafter "Administrator") for employment as County Administrator commencing July 1, 2016, or upon retirement or termination of the contract of the current County Administrator, whichever occurs first (the "Contract").

WITNESS ETH

WHEREAS, the Board desires to employ the services of Jason E. Brown as County Administrator; and

WHEREAS, Administrator desires to accept employment as the County Administrator for the Board; and

WHEREAS, two employees, the County Administrator and the County Attorney, as County officers, work directly for the Board; and

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

SECTION 1. ADMINISTRATOR'S DUTIES

The Administrator shall be responsible for the administration of all departments responsible to the Board, except the County Attorney and County Attorney's staff. The Administrator shall also be responsible for the proper administration of all affairs under the jurisdiction of the Board. The Administrator's authority and duty shall include, but not be limited to, the powers and duties as found in the Indian River County Code Section 101.05.1 (a. through u.) and Section 125.74, Florida Statutes.

SECTION 2. GENERAL POWERS OF COUNTY

It is the intent of the Board to grant to the County Administrator only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the Board as the governing body of the County pursuant to s. l(f), Art. VIII of the Florida Constitution.

12,

SECTION 3. ETHICS

Administrator shall abide by and perform all assigned duties in accordance with the ethical standards applicable to public officers, and all other applicable federal, state, and county laws, regulations and ordinances.

Administrator shall immediately notify the Board within three days of contact when an information has been filed by a prosecuting official against him, when indicted by a Grand Jury, or when arrested, for any offense or violation of law. The Board shall determine if it is in the best interests of the County to:

a) Retain Administrator in his regular position pending court disposition; and/or

b) Place Administrator on leave with or without pay until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or

c) Initiate disciplinary action up to and including termination.

In the event that Administrator pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of Administrator, or which would tend to affect the Administrator's relationship to the job or fellow workers, or negatively reflect on the reputation of the County, Administrator may be terminated from employment, without the severance or compensation set forth in Section 9, Severance, of this Contract.

SECTION 4. ANNUAL COMPENSATION

For all services rendered by Administrator, Administrator shall be paid a salary of $167,000.00 annually, payable in 26 biweekly installments of$6,423.10 as adjusted for necessary deductions. In addition to salary, Administrator' s compensation includes a car allowance in the amount equivalent to that granted to employees eligible for car allowances. Administrator' s salary shall be increased by any cost-of-living increase granted other County employees.

SECTION 5. ADDITIONAL BENEFITS

County provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy Manual. These rights and benefits are available to Administrator on the same terms and conditions that they are available to a full-time, regular non-contract employee with the same initial hire date as May 1, 1998; provided, however, specific terms of this Contract shall control and govern if there is any conflict with benefits and rights afforded under the Indian River County Administrative Policy Manual.

County shall pay reasonable professional dues, continuing education, subscriptions, and certification fees for Administrator, in accordance with the usual and customary practice of local governments in Florida. The term continuing education includes travel, lodging, and per diem

1.30

expenses. The Administrator shall be included in the "Senior Management Service Class" of the Florida Retirement System.

County agrees to provide the Administrator an allowance of $50 per month for a cell phone and up to but no more than an additional $50 per month for other communication devices or services that are actually used by the Administrator in the performance of Administrator's job duties.

SECTION 6. CONTRACT

The Administrator acquires no property rights in employment but has only the contractual rights set forth or incorporated by reference in Contract.

SECTION 7. TERMS

The Contract is for an initial term from the commencement date written above until June 30, 2019 (the "Initial Term"). Unless written notice is provided to the other party at least 30 days before the expiration of the Initial Term or any subsequent term, this Contract shall automatically renew for consecutive 1 year terms, under the same terms as set forth in this Contract.

SECTION 8. TERMINATION

This Contract may be terminated by Administrator at any time and for any reason by resignation with 30 days' written notice, in which case Administrator will be paid through the last day worked, or by the County, at any time or for any reason, by giving Administrator 60 days' notice of termination. Any accrued sick leave will be paid on the same terms and conditions that they are available to a full-time, regular non-contract employee [ with the same initial hire date as May 1, 1998] in full, except that in no event shall County pay more than 300 hours, and accrued vacation leave will be paid on the same terms and conditions that they are available to a full-time, regular non-contract employee [with the same initial hire date as May 1, 1998], except that in no event shall the County pay more than 15 weeks (562.5 hours), when this Contract is terminated.

SECTION 9. SEVERANCE

If County terminates this Contract after employment commences, but before June 30, 2017, County shall pay Administrator five months' severance. If County terminates this Contract between July 1, 2017 and June 30, 2018, County shall pay Administrator four months' severance. If County terminates this Contract after July 1, 2018 and June 30, 2019 or during any subsequent term after the Initial Term, County shall pay Administrator three months' severance. If County does not renew this Contract after the Initial Term or any subsequent term, County shall pay Administrator three months' severance.

County shall maintain Administrator's health insurance premiums for the same period of time. In the event Administrator must resign because of serious life threatening illness, certified by a medical doctor, which makes continued employment an impossibility, or under circumstances constituting constructive discharge, Administrator shall be entitled to the same severance package as listed above.

131

The provisions set forth in this Section 9, Severance, do not apply in the event this Contract is terminated per Section 3, Ethics, above.

IN WITNESS THEREOF, the parties have caused this agreement to be fully executed at Vero Beach on the date set forth above.

Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller

By ______ ____ _ Deputy Clerk

Date --------

Approved as to legal form and sufficiency

Dylan Reingold, County Attorney

1/25/2016 9:54:16 AM

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

By _____________ _ Bob Solari, Chairman BCC Approved: _____ _


Jason E. Brown

13.2

TO:

DATE:

ITEM 14.C.1 February 2, 2016




January 25, 2016

SUBJECT: Kayak/Canoe Launch at CR512

FROM: Wesley S. Davis Commissioner District 1

I kindly request your consideration in discussing improvements at the Kayak/Canoe Launch at County Road 512, such as handicap access.

Attachment: Email from MaryJo Awtrey dated January 25, 2016.

133

•

Misty Pursel

From: Sent: To: Subject:

Wesley,

MaryJo <[email protected]>

Monday, January 25, 2016 8:56 AM Wesley S. Davis 510/512 Canoe/Kayak Launch

Thank you for taking the time to speak with me, on the issue of the 510/512 canoe/kayak launch. As a regular kayaker in the area and an employee of About Kayaks River Rentals-and in conjunction with other local kayakers, outfitters, and tour guides-we have found that the launch site is not easily and safely accessible for kayakers, although it is used by many. We believe there is a general safety issue there for all kayakers/canoers/paddlers and would like to see it become more ADA-configured. I personally have witnessed people fall trying to launch kayaks from the dock and from maneuvering to the bank for a more stable launch.

It would be wonderful if we could design a natural launch option, but considering how the area floods, I believe it would take more time and money to create and maintain such as option.

I have researched and spoken with a company called Kayak Docks that works with local, state, and national parks to make canoe/kayak docks more easily accessible and improve safety concerns for all to enjoy getting out on the water. They work closely with the Wounded Warrior Project and other organizations to help people with disabilities have a chance to experience the serene nature that comes from kayaking. Depending on what we all agree we need, want, and can afford, improvements could be made for anywhere from $2,000.00 to $14,000.00. Kayak Docks has a support crew that would be able to assist us as well.

The St. Sebastian River is such a beautiful and tranquil place that the kayak community is willing to help in seeing this improvement come to light. We hope to speak to you and the other county commissioners on the subject at the next meeting in February.

Here is a link to Kayak Docks for you to review: http://www.kayakdock.com/ 134

This site is the National Parks publication of the ABCs of Logical and Lasting Launches: http://www.nps.gov/ncrc/programs/rtca/helpfultools/launchguide.pdf Wounded Warrior Project: (http://www.woundedwarriorproject.org/)

Thank you again for your time, Mary Jo Awtrey About Kayak River Rentals

2 135

TO:

DATE:

14.C.2 February 2, 2016




January 25, 2016

SUBJECT: Lagoon Frontage of the 47 Acre Torwest Tract on Jungle Trail

FROM: Wesley S. Davis Commissioner District 1

I kindly request your consideration in discussing Torwest, lnc.'s request for County participation in the acquisition of the lagoon frontage portion of the 47 acre Torwest tract on Jungle Trail.

Attachment: Letter from Mr. Mark Justice dated January 22, 2016, with 3 exhibits

136

January 22, 2016

Mr. Wesley Davis Commissioner District 1

TORvVEST

Board of County Commissioners Indian River County 1801 27th Street Vero Beach FL 32960

RE: Request by Torwest, Inc. for County participation in the acquisition of the lagoon frontage portion of the 47 acre Torwest tract on Jungle Trail

Dear Commissioner Davis:

Torwest has been working with public entities (including Indian River County) for some time to explore alternatives for public acquisition of the 47 +/- acres of Torwest property north of and adjacent to the community of Windsor. The Property is unique because it is the last remaining unprotected Indian River Lagoon shoreline iocated in the Pelican Island National Wildlife Refuge that is available for conservation. In addition, as you are aware, the tract includes an access point for kayaks and canoes to the lagoon. As this is an access type not currently included in the Refuge, I think you agree that it would be of great benefit to the residents of lndian River County.

Our recent efforts have focused on an application to the Acquisition and Restoration Council at the Florida DEP for acquisition of the lagoon frontage portion of the property. Not only is the lagoon frontage of critical importance to the Refuge, but its acquisition would also serve primary conservation goals of both the State (Florida Forever Program; Indian River Blueways Project), and Indian River County (Jungle Trail, National Register and Scenic Highway designations; Indian River Lagoon protection; and Environmentally Sensitive Lands Program). A State/County partnership in such a conservation effort is not unprecedented; Indian River County and the State of Florida have already invested significantly through the acquisition of approximately 150 acres to the north that is managed as part of the Refuge.

We consider the County's participation and support of our application to the State to play a valuable role in the success of this project. As such, we ask that you calendar consideration of this request before the Board of County Commissioners at the earliest opportunity. I have included an aerial map exhibit for your reference, and would be happy to provide additional maps and information as you need it.

3125 WINDSOR BOULEVARD II V ERO BEACH, FLORIDA 32963 11 772 388-5050 11 FAX 772 589-0091

137

As you know, Torwest, inc., has for many years assisted the Pelican Island National Wildlife Refuge, and has conveyed more than 125 acres of land along Jungle Trail and the Indian River Lagoon estuary as part of this effort.

I look forward to working with you on this project. Please contact me for any assistance I can provide.

Mark Justi e Vice Presi nt Torwest, !nc.

138

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Date:

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INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

BOARD MEMORANDUM

January 25, 2016


Vincent Burke, P.E., Director of Utility Services ~ Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District 1:!,,'W\.

CCNA-2014 Work Order No. 5 to COM Smith, Inc. for the 2016 Annual Financial Reports

DESCRIPTIONS AND CONDITIONS:

The Solid Waste Disposal District (SWDD) is required by Florida Department Environmental Protection (FDEP) rules to prepare annual financial reports certified by a third party professional engineer. The Financial Assurance Report determines SWDD's annual obligations to fund escrow accounts for the closure and long term care of the County's active landfills. The Full Cost Accounting Report is to inform residents of the County of the full cost of collection, management and disposal of solid waste in the County.

ANALYSIS:

CDM Smith, Inc. (CDM) has prepared CCNA-2014 Work Order No. 5, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The tasks are listed below showing the expected completion dates and their estimated fees.

TASK DESCRIPTION DUE DATE AMOUNT

Task 1 Financial Assurance Report November 1, 2016 $40,200 - Lump Sum

Task 2 Full Cost Accounting Report March 31, 2016 $6,890- Lump Sum

TOTAL (Lump Sum)= $47,090

The costs above are consistent with what SWDQ has paid historically to CDM Smith for these services.

FUNDING:

Funding for the 2016 Annual Financial Reports is budgeted and available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees . The account has a total budget of $555,000 for the 2015/2016 fiscal year.

SWDD Agenda - CCNA-2014 WO No S CDM Smith 2016 Annual Financial Reports Page 1 of 2

14.2

ACCOUNT NO.:

Description Account Number Amount

Engineering Services 41121734-033130 $47,090

RECOMMENDATION:

SWDD staff recommends that its Board approve the following:

a) Approve CCNA-2014 Work Order No. 5 with CDM Smith, Inc. in the amount of $47,090to provide engineering services related to the 2016 Annual Financial Reports

b) Authorize the Chairman to execute the same, as presented.

ATTACHMENT(s):

1) CCNA-2014 Work Order No. 5 - COM Smith, Inc.

Indian River Co. Approved Date

Administration

Josep A. Baird, County Administrator Legal

J/1uud 2, '201'7 Date

Budget

SWDD

SWDD-Finance

SWDD Agenda - CCNA-2014 WO No S CDM Smith 2016 Annual Financial Reports Page 2 of 2

14.3

WORK ORDER Nl.HVIBER CCNA2014W05

F!JU Cost A~counting Ar.ci Fkianda! Assurance Reporting

This Work Order Number_ is entered into as of this_ day of __ ~ 201_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated December 6, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith, Inc. ("Consultant"}.

The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work}, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will pe1form the professional services within the t imeframe more part icu larly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above.

CONSULTANT:

CDM Smith, lr.c.

By: , ~}/ ~ ~ rotKe, PE, BCEE

T!tie: Vice President

By:

BOARD m: COUNTY COMMISS!Oi\iERS m: !NDIAN RIVER COUNTY

----------------Bob Solari , Chairman

BCC Approved Date: ------------Attest: Jeffrey R. Smith, Clerk of Court and Comptroi le!'

By: ------------- - --Deputy Clerk

Approved: ----------------Joseph A. Baird, County Administrator

---------Approved as to form and legal sufficiency: ~ _D_y_l_r-.....,n,...,T,,... =Re_i_n_g_oi_d_, -Co_u_n_ty_A_i_to_r_n_e_y_

144

EXHIBIT A

AUTHORIZATION FOR PROFESSIONAL SERVICES

INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR

FULL COST ACCOUNTING AND FINANCIAL ASSURANCE REPORTING

CCNA-2014 WO NO. S

This Authorization, when executed, shall be incorporated in and become part of the Continuing Contract Agreement for Professional Services between the Indian River County Solid Waste Disposal District (COUNTY), and CDM Smith Inc. (CONSULTANT), dated December 6, 2011, and the Extension and Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014, hereafter referred to as the Contract.

PROJECT UNDERSTANDING

Each year the COUNTY is required to document full cost accounting and financial assurance in accordance with Solid Waste Operations Permit. CONSUL TANT assists COUNTY with these submittals to the Florida Department of Environmental Protection (FDEP) each year.

This project is to provide permitting services which are required including:

• Task 1.0 - Full Cost Accounting Evaluation for Fiscal Year 2014-15

• Task 2.0 - Financial Assurance

CONSUL TANT will coordinate with the COUNTY in order to provide timely execution of each portion of this project. The Scope of Work is as detailed below.

TASK 1-FULL COST ACCOUNTING EVALUATION FOR FISCAL YEAR 2014-15

Under provisions of Chapter 62-708.300(3), Florida Administrative Code (F.A.c.), the COUNTY is required to determine and publicly disclose the full cost of solid waste management within its service area for Fiscal Year 2014-2015.

CONSUL TANT will perform and evaluation on the full cost of solid waste management for Fiscal Year 2014-2015 in accordance with the requirements of Chapter 62-708, F.A.C. CONSULTANT will prepare summary tables and a brief letter presenting the full cost of solid waste management in the COUNTY for Fiscal Year 2014-2015 and also prepare a draft public notice.

CONSULTANT will provide the draft tables, letter, and public disclosure notice to the COUNTY by March 15, 2016 assuming receipt of all data required to perform the study by March 1, 2016. After receipt of comments, CONSULTANT will submit the final tables, letter, and public disclosure notice within 7 calendar days. The COUNTY is required to inform the residential and nonresidential users of IRC's solid waste management services area of the user's share of the full cost for solid waste management in accordance with Chapter 403. 7049 Florida Statutes.

A-1 jj l 791.dOC)(

145

TASK 2 - FINANCIAL ASSURANCE

The COUNTY operates a Class I and construction and demolition (C&D) debris landfills through a contract with Republic Services. The COUNTY is required by Chapter 62-701, F.A.C. to provide financial assurance for each of these facilities annually.

Subtask 2.1 - Financial Assurance Report

CONSULTANT will prepare documentation that demonstrates proof of financial assurance for the cost of closing and providing long-term care for the Class I landfill, the C&D debris landfill, and the waste tire site. This documentation will be submitted for review by the COUNTY. Two copies of the final document will be provided to the COUNTY. CONSULT ANT will meet with the COUNTY up to two times to discuss issues and to provide needed coordination. CONSULTANT will also respond to FDEP correspondence regarding financial assurance.

Subtask 2.2 - Survey and Airspace Assessment

CONSULT ANT will provide surveys and assessments of consumed airspace performed by, a subconsultant, Masteller, Moler & Taylor, Inc. for the Class I and C&D debris landfills. The survey work for the Class I waste area will include a complete topographic survey of Segments I, II, and Ill as well as the ditches and roadways surrounding the Class I area. The topographic survey of the C&D debris landfill site will include the waste area, as well as the fence-line and the surrounding ditches and berms adjacent to the C&D debris site. CONSULTANT will review the volumetric modeling and include a summary of estimated waste density based on the results of the survey and volumetric modeling.

The deliverable from Masteller, Moler & Taylor, Inc. will consist of a survey identifying the dates the field survey was completed. Airspace consumed and remaining airspace based on the survey and the construction and design criteria shall be specifically identified in the financial assurance report. The survey shall also include the results of the volumetric calculations for the Segments II and III portions of the Class I landfill, as well as the C&D debris landfill. Deliverables accompanying the survey shall include:

A 1-inch = 50 feet scale contour map for each site with 1-foot contour intervals in regular weight lines, and 5-foot contour intervals in bold weight lines. Signed and sealed contour maps will be provided on 24-inch by 36-inch paper of each landfill site in 1-inch = 200 feet scale. A Compact Disc (CD) with ASCII file of the survey data in AutoCAD 2010 will also be provided.

For the Class I Landfill (Segments I, II, and III), the financial assurance report shall include an evaluation of the compaction of the waste and an analysis as to whether Republic Services is meeting its contractual compaction requirements. CONSUL TANT will include escrow account balance recommendations for Fiscal Year 2015-2016, as well as escrow account budget recommendations for Fiscal Year 2016-2017.

A-2 jjl791.docx

146

PROJECT:

DESCRIPTION:

EXHIBIT B

PROJECT BUDGET



CCNA-2014 WO NO. 5

Full Cost Accounting and Financial Assurance Reporting

Task 1.0 - Full Cost Accounting Evaluatio n for Fiscal Year 2014-15

CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners

and COM Smith Inc.

Labor Categorx Hours Rate Total Officer 2 $210 $420 Principal 16 $195 $3,120 Senior Professional 10 $165 $1,650 Senior Support 8 $120 $960 Project Administration 1 $85 $340

Total Hours 4 0

Total Salary Cost $6 ,490

Other Direct Costs $400

TOTAL LUMP SUM FEE $6!890

For the basic services under this Agreement, IRC SWl)D agrees to pay the Consultant a lump sum fee $6.890. CONSULTANT will submit monthly invoices based on the percent complete for the work performed.

8-1 jjl 791.docx

147

EXHIBIT B

PROJECT BUDGET


PROJECT:

DESCRIPTION:

CONTRACT REFERENCE:

Labor Catei:ory Officer Associate Principal Senior Professional Professional II Senior Support Staff Support


CCNA-2014 WO NO. 5

Full Cost Accounting and Financial Assurance Reporting

Task 2.1 - Financial Assurance Report Task 2.2 - Survey and Airspace Assessment

Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc.

Hours Rate 6 $210 6 $200 30 $195 20 $165

80 $130

8 $120 10 $85

Project Administration ft $85 Total Hours

Total Salary Cost

Outside Professionals - Masteller, Moler & Taylor, Inc.

Other Direct Costs

TOT AL LUMP SUM FEE

168

Total $1,260 $1,200 $5,850 $3,300

$10,400 $960 $850 $680

$24,500

$14,500

$1.200

$,10,200

For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee of $40.200. CONSULTANT will submit monthly invoices based on the percent complete for the work performed.

8-2 ii1791.docx

148

EXHIBIT C

PROJECT SCHEDULE



CCNA-2014 WO NO. 5

SCHEDULE

1

2.1

2.2

Full Cost Accounting Report

Financial Assurance Report

Site Survey

C-1

Completion Date

March 31, 2016

November 1, 2016

May 15, 2016

jj1791.docx

INDIAN RIVER COUNTY


BOARD MEMORANDUM

Date: January 25, 2016

To: Joseph A. Baird, County Administrator

From: Vincent Burke, P.E., Director of Utility Services @

Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District 'l::LW\..

Subject: CCNA-2014-Work Order No. 2 to Geosyntec to Provide Engineering Services for Installation of Groundwater Monitoring Wells


The Solid Waste Disposal District (SWDD) owns and administers the operations of a Class I landfill for disposal of the County's municipal solid waste (MSW) and construction & demolition (C&D) debris. The landfill operates under construction and operation permits issued by the Florida Department of Environmental Protection (FDEP). On January 6, 2016, the FDEP issued a 20-year renewal permit with a specific condition that SWDD install two groundwater monitoring well clusters immediately downgradient of the existing Cell 1 of the Segment 3 landfill within 90 days of issuance of the permit.

This agenda item requests Board authorization to issue Work Order CCNA-2014-WO No. 2 to the engineering firm Geosyntec Consultants, Inc. (Geosyntec) to provide professional engineering services for the installation of groundwater monitoring wells (MW-45 and MW-46) in accordance with the FDEP permit.

ANALYSIS:

Staff requested Geosyntec to submit a proposal to provide engineering and consulting services for the subject project. Geosyntec's proposal including scope of work, schedule and budget estimate is shown in Attachment 1. Geosyntec's proposal consists of the following:

Phase Phase Description $Amount

1 Installation of Groundwater Monitoring Well Clusters $19,944

Total $19,944

The scope includes the installation of two monitoring well clusters by a licensed well driller with a budget of $6,750 and also includes the services of a professional surveyor with a budget of $1,200. Geosyntec's hydrogeologist or geotechnical engineer will supervise the work and submit a summary report to submit to the FDEP to document the installation and completion of the new groundwater monitoring well clusters within the 90-day timeframe allotted by the FDEP.

SWDD Agenda - Geosyntec CCNA-2014-WO No 2 - Installation of Groundwater Monitoring Wells Page 1 of 2 150

FUNDING:

Funding for the well installation services is available in the Engineering Services account in the SWDD Landfill Fund account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $555,000 for the 2015/2016 fiscal year.

ACCOUNT NO.:



RECOMMENDATION:

SWDD staff recommends that its Board:

a) Approve CCNA-2014-Work Order No. 1 authorizing Geosyntec to provide engineering services for the installation of groundwater monitoring wells, in accordance with the attached scope of work for a not to exceed budget of $19,944.


ATTACHMENT:

1) CCNA-2014-WO No. 2 - Geosyntec

APPROVED FOR AGENDA:

Indian River Co.

Administration

Legal

Budget

SWDD

SWDO -Finance (,,~

SWDD Agenda - Geosyntec CCNA-2014-WO No 2 - Installation of Groundwater Monitoring Wells Page 2 of 2 151

WORK ORDER NUMBER CCNA-2014-WO No. 2

IRC Class I Landfill Engineering Services

This Work Order Number _2_ is entered into as of this_ day of ___ ~ 201_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant").

The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.


CONSULTANT:

Geosyntec Consultants, Inc.

By: ~Y==i- {j ~ Thomas A. Peel, Ph.D.

Title: Senior Vice President

By:

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

-----------------, Chairman

BCC Approved Date: - -------~----

Attest: Jeffrey R. Smith, Clerk of Court and Comptroller

By: -----------------

Deputy Clerk

Approved: - - ---------------Joseph A. Baird, County Administrator

--------Approved as to form and legal sufficiency: ~~ _D_y_l_a_~,,.......,- R.,..e~i-n-go_l_d_, C_o_u_n_t_y_A_tt_o_r_n-ey ____ _

15.2

Geosyntec 1> consulta.nts

Mr. Himanshu Mehta, P .E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968

Subject: Proposal for Engineering Services Class I Landfill - Indian River County Landfill Facility Vero Beach, Indian River County, Florida

Dear Mr. Mehta:

INTRODUCTION

1200 R1verplace Blvd, Suite 71 0 Jacksonville, Florida 32207

PH 904.858.1818 FAX 904.396 1143

wv-.w.geosyntec .com

12 January 2016

Geosyntec Consultants (Geosyntec) is pleased to submit this proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional engineering services for the Class I Landfill at the IRC Landfill (IRCL) facility located in Vero Beach, Indian River County, Florida. The proposal presents the scope of work, schedule, and budget estimate to provide engineering services at the Class I Landfill. The proposal was prepared in response to a request from Mr. Himanshu Mehta P.E., Managing Director of SWDD, to Dr. Kwasi BaduTweneboah, P.E. of Geosyntec during a site visit/meeting on 22 December 2015. Geosyntec has prepared this proposal as Exhibit 1 of CCNA-2014-WO No. 2, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant").

The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii) schedule; and (iv) budget estimate.

PROJECT BACKGROUND

The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road (74th Avenue SW) in Vero Beach, Florida. The waste materials disposed at the IRCL facility include residential, commercial, agricultural, and industrial Class I waste as well as C&D debris from unincorporated Indian River County and municipalities of Vero Beach, Orchid, F el!smere, Sebastian, and Indian River Shores, Florida.

NCP2015-2347\JLl5065_proposal for Class I Landfill Engineering Services.doc

engineers t s1·ie1nisrs I innovators 153

Mr. Himanshu Mehta, P E. 12 January 201 6 Page 2

The IRCL occupies 276 acres, with 22 acres used for construction and demolition (C&D) debris disposal. The C&D debris disposal facility is presently inactive. The Class I landfill includes the Segment l vertical expansion, Segment 2, an Infill Area located between Segment 1 and Segment 2, and Segment 3 Lateral Expansion with a total footprint of approximately 135 acres.

The IRCL facility is currently operating under Florida Department of Environmental Protection (FDEP) solid waste construction and operation permits (with Permit Nos. SC3 l-0128769-019 and SO3 l-0128769-020, respectively), issued on 17 March 2011 with an expiration date of 2 December 2015. The approved construction permit (i.e., Permit No. SC31-0128769-019) authorized the construction of Phases I and II (Cells 1 and 2) of the Segment 3 Expansion, while the approved operation permit (i.e., Permit No. SO31-0128769-020) authorized the continued operation of the IRC Class I Landfill (Segment 1, Infill Area, Segment 2, and Segment 3, Phases I and II when constructed). The existing permits recognized the entirety of the Segment 3 Expansion footprint of approximately 76 acres (ac), but acknowledged that waste estimates projected only for the construction of Phases I and II (i.e., Cells 1 and 2) would be completed within the duration of the five-year permitting period. Only Phase I (Cell 1) of the Segment 3 Expansion was constructed, and is in operation, under Permit Nos. SC3l-0128769-019 and SO31-0128769-020.

On 6 January 2015, the SWDD Board authorized Geosyntec to prepare the permit application to renew both solid waste permits before the expiration date of 2 December 2015. This scope of work was in addition to other engineering services approved by the SWDD Board under CCNA-2014-WO No. 1. Geosyntec subsequently completed and submitted a 20-year renewal permit application to FDEP on 27 September 2015, and has since then responded to requests for additional information (RAls) by FDEP. On 11 December 2015, the FDEP provided a notice of its Intent to Issue Permits 0128769-022-SC and 0128769-023-SO to replace Permit Nos. SC31-0128769-019 and SO31-0128769-020, respectively. Geosyntec assisted SWDD to review and provide comments on the Draft Permits that were enclosed with the FDEP's notice of intent. A notice of the intent to issue both permits was published by SWDD in the Press Journal on 17 December 2015 and the Final Permits were issued by FDEP on 5 January 2016.

The Final Permits included the specific condition that SWDD installs groundwater monitoring well clusters (MW-45 and MW-46) immediately downgradient of the existing Cell I of the Segment 3 Expansion within 90 days of issuance of the permits by FDEP. This would allow FDEP to monitor the performance of Cell 1 until such time that Cell 2 is constructed and these wells abandoned. In the interim, FDEP agreed to suspend monitoring of well clusters MW-41 and MW-42 which have been installed east of Cell 2 until Cell 2 is constructed. It should be noted that SWDD anticipates to construct Cell 2 by 2017. SWDD has therefore requested Geosyntec to provide a proposal to install the monitoring well clusters required by FDEP.

JL 15065 _ Proposal for Class I Landfill Engineering Services.doc

engineers I ~dt'nti,_is I innovators

154

Mr. Himanshu Mehta, P. E. 12 January 2016 Page 3

PROPOSED SCOPE OF WORK

This proposal covers professional engineering services required for installing the groundwater monitoring well clusters required by the FDEP for the Class I Landfill. The scope of work is briefly described below.

Phase 1 - Installation of Groundwater Monitoring Well Clusters

As previously discussed the Final Permits issued by FDEP requires the installation of two groundwater monitoring well clusters east of Cell 1 and the suspension of monitoring of the existing well clusters east of Cell 2 until Cell 2 is constructed. Figure 5-1 (from the Permit Application) shows the new wells that need to be installed and the existing wells that monitoring would be suspended. Geosyntec has solicited a quote from Environmental Drilling Services, Inc. (EDS) to serve as a drilling subcontractor to perform these services. It should be noted that EDS installed the previous wells within the Segment 3 footprint. A copy of EDS' proposal is included as Attachment A. Geosyntec has also solicited a quote from Peavey & Associates (Peavey) to survey the locations of the new groundwater monitoring wells and prepare the required drawing for submittal to FDEP. Peavey also provided similar services during Cell 1 construction. A copy of Peavey's proposal is included as Attachment B.

A Geosyntec's hydrogeologist or geotechnical engineer will be on-site to supervise the work. Upon completion of the well installation, Geosyntec will develop the wells in preparation for the initial background sampling and analyses. The locations of all wells will be surveyed and a well completion report will be prepared and submitted to FDEP in accordance with the requirements of the MPIS. It has been assumed that the sampling and laboratory analyses will be performed by SWDD's contracted analytical laboratory and has therefore not been included in the budget estimate.

Following installation of the monitoring wells, Geosyntec will coordinate with Peavey to survey the wells and prepare the drawing for submittal to FDEP. The drawing will include all well locations, each monitoring well name and identification (WACS) number, the top of casing, pad elevation, and permanent benchmark referenced to NGVD 1929 to the nearest 0.01 feet.

Geosyntec will prepare a summary report to document the installation and completion of the new groundwater monitoring well clusters. The report will be submitted within 30 days after installation as required by the specific conditions of the Final Permits. The summary report will include as-built well construction diagrams, soil boring logs, and the survey drawing prepared by Peavey.

JL15065_Froposal for Class I Landfill Engineering Services.doc

engi11eers t srienth\5 I innovators 15S

Mr. Himanshu Mehta, P E. 12 January 2016 Page 4

A draft report will be submitted to SWDD for review and comment before a final report signed and sealed by a registered engineer is submitted to FDEP.

Project management activities will include: budget and schedule tracking, invoice review, and project communications, including the preparation of a monthly progress report. The project report will include a description of the activities completed during the month and planned activities for the following month. In addition, the progress report will identify technical or administrative issues that require SWDD's attention and the current status of the budget and schedule.

SCHEDULE

Geosyntec will mobilize the driller to the site to install the monitoring wells within two weeks of receipt of authorization to proceed (ATP) from SWDD. It is anticipated that the installation and survey of the monitoring wells would be completed within four weeks of receipt of the ATP. Geosyntec will complete the preparation of the summary report for submittal to FDEP within four weeks of completion of the well installation. Therefore, the new monitoring well clusters would be available for sampling and testing during the second semi-annual monitoring event in July 2016.

BUDGET ESTIMATE

Geosyntec proposes to perform the scope of work described above on a time and materials (T&M) basis for a not-to-exceed budget of $19,944. A detailed budget estimate is provided as Attachment C.

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 Dr. Badu-Tweneboah's attention. Please call the undersigned with questions you may have as you review this proposal.

Attachments

JL! 5065 _Proposal for Class I Landfill Engineering Services.doc

engineer:; I scientists I innovators

Sincerely,

~~~~-Kwasi Badu-Tweneboah, Ph.D., P.E. Associate

156

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157

ATTACHMENT A

DRILLING PROPOSAL

158

ENVIRONMENTAL DRILLING SERVICE, INC. 4712 OLD WINTER GARDEN ROAD ORLANDO, FL 32811

Voice: 407 295 3532 Fax: 407 296 3957

Quoted To:

GeoSyntec Consultants 1200 Riverplace Blvd Suite 710 Jacksonville, FL 32207

Customer ID ,___ ___ _ GEOSYNTECJAX

Quantity

140.00 2-0 4.00 DP

4.00 WD

4.00 WCAGP

1.00 Mob

Item

Good Thru

2/7/16

Payment Terms

Net 30 Days

Description INDIAN RIVER CO SOLID WASTE

DISPOSAL DISTRICT, VERO BEACH,

INDIAN RIVER CO, Fl

Scope of work: Install 2 • 2"x25' and 2 - 2''x45' MW's all

with 5' .010 slot PVC screen, Aluminum

above grade protector set in 24"x24"x4"

concrete apron - No sampling of wells

Estimated time to complete: 2 - 3 days

per ft, 2" Well Install <50'

Decon Procedure, ea.

hrs, Well Development

Well Completion: Alum AGP set in

24"x24"x4" concrete apron

Mobilization

I Quote Number: 16445 Quote Date: Jan 8, 2016 Page: 1

Sales Rep

Unit Price I Amount

25.00 3,500.00

75 .00 300.00 100.00 400.00

175.00 700.00

400.00 400.00 2.00 PD Per Diem, per crew,per night (estimate/as 300.00 600.00

needed) 15.00 DR Drum, 55 Gal. DOT Approved, 50.00 750.00

reconditioned (estimate/as needed) 1.00 PR Permit - Indian River Co 100.00 100.00

Subtotal 6,750.00

Sales Tax

TOT~ s-;z:s:o:oo

159

ATTACHMENTB

SURVEYING PROPOSAL

160

December 3 1, 2015

Peavey & Associates Surveying & Mapping, PA

9399 North Lake Buffum Road Fort Meade, Fl 33841 Phone: 863-738-4960

Email: [email protected]

K wasi Badu-Tweneboah [email protected] 50 South Belcher Road Suite 116 Clearwater, FL 33765 Direct Line: (727) 330-9954 Mobile: (813) 299-2214

RE: Indian River monitor wells

Dear Kwasi: I am pleased to offer the following proposal for surveying services at the above referenced project location.

1. SCOPE OF SERVICES The project consists of the following surveying services as follows:

Prepare a specific purpose survey of the 2 monitor wells located at the above referenced site. (X and Y to 0.1 feet Z to 0.01 feet)

2. REQUIREMENTS OF CLIENT • Receipt of an executed agreement.

3. PROFESSIONAL FEES Compensation for the outlines services will be on a lump sum basis of $1 ,200.

4. ACCEPTANCE OF TERMS If the proceeding is satisfactory to you, please return a signed copy of this Agreement. Invoicing will occur monthly based upon the percentage or hours of work completed.

Sincerely, . .../

/ / - · ··{:~-J ·;t.1.3_ ,.. __ ., ,?:' >:'' \ --..

I \

\...__j

Deborah L. Peavey, PSM Agreed to and accepted by: ____________ ___ _

Owner or Owner's Authorized Agent Date

Peavey & Associates Page I Surveying & Mapping, PA

161

ATTACHMENT C

DETAILED BUDGET ESTIMATE

16.2

BUDGET ESTIMATE

INSTALLATION OF GROUNDWATER MONITORING WELL CLUSTERS

Engineering Services Class I Landfill, Indian River County Landfill Facility

Vero Beach, Florida

ITEM BASIS RATE QUANTITY

A. Professional Services a. Senior Principal hr $222 0 b. Principal hr $210 6 c. Senior Professional hr $185 6 d. Proiect Professional hr $152 0 e. Professional hr $132 0 f. Senior Staff Professional hr $117 22 a. Staff Professional hr $99 0

Subtotal Professional Services B. Technical/Administrative Services ., __ ,_

a. Site Manager hr $112 30 b. Senior Enaineering Technician hr $84 0 c. Senior CADD Operator hr $133 4 d. Drafter/CADD Operator hr $83 0 e. Technical/Administrative Assistant hr $92 6 f. Technical Word Processor hr $95 4 q. Clerical hr $56 6

Subtotal Technical/Administrative Services le. Reimbursables

a. LodQina day $100 2 b. Per Diem dav $45 3 c. Communications Fee 3% labor 0.03 $10,104 d. GADD Computer System hr $15 4 e. Geotechnical Lab Testing est $1,324 0 f. Geosvnthetics Lab Testing est $7,500 0 a. Vehicle Rental & Fuel 1 $150.00 3 h. Drilling Subcontractor est $6,750.00 1.07 i. Survevina Subcontractor est $1 ,200.00 1.07 i. Field Supplies week $150.00 1 k. Consumables week $75.00 0 I. 8.5"x11" Photocopies each $0.12 210 m. GADD Photocopies each $3 20

Subtotal Reimbursables TOTAL ESTIMATED BUDGET: PHASE 01

ESTIMATED BUDGET .

$0 $1,260 $1,110

$0 $0

$2,574 $0

$4944

$3,360 $0

$532 $0

$552 $380 $336

$5,160

$200 $135 $303

$60 $0 $0

$450 $7,223 $1,284

$150 $0

$25 $60

$9,890 i 19. 99.1

163

JS-]34-. I

INDIAN RIVER COUNTY


BOARD MEMORANDUM



From: Vincent Burke, P.E., Director of Utility Services~

I

Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District 1:J.~. Subject: Work Order No. 2 to SCS Engineers for a Solid Waste Rate Study and Business

Plan


The Solid Waste Disposal District (SWDD) has been operating based on a solid waste rate study that was last performed over 20 years ago by the Planning and Economics Group, Inc. on April 11, 1995. The current tipping rates were established via Resolution No. 95-01. Since that time, SWDD has been fiscally sound; however, the recent operational changes along with fluctuating markets has required an increase to our solid waste assessment fees to both our residential and commercial improved properties in order to cover the shortfall from the tipping rates.

Also, there are certain issues in Resolution No. 95-01 (vacancy credits, recycling credits, and deviation policies) as well as the assessment categories that need to be reevaluated. For example, a new industry has recently emerged in Indian River County that was not contemplated in our existing assessment structure (i.e., Aquaculture). A new rate study would allow us to update our assessment structure in order to capture these changes.

As a result, staff is requesting the SWDD Board consider a new solid waste rate study.

ANALYSIS:

SCS Engineers has submitted Work Order No. 2 to prepare a new solid waste rate study and business plan. The project is broken down into five tasks as shown in the table below with an overall goal of completion within 90 days of award. The plan is to present the results of the rate study for Board approval followed by approval of a new rate resolution (if needed) prior to the approval of budget and or new assessment rates for next fiscal year. SCS has been performing these type of services for many other municipal clients and has provided staff with copies of these studies as well as various publications printed in this field.

SWDD Agenda - WO No 2 SCS Engineers Solid Waste Rate Study Page 1 of 2 164


Task 1 Kick-Off Meeting Upon award $2,000

Task 2 Gather and Analyze Historical Information 30 days $14,100

Task 3 Project Revenue Requirements 45 days $5,100

Task 4 Design New Tipping Fees and Assessments 60 days $5,000

Task S Draft and Final Reports 90 days $8,800

TOTAL (Lump Sum)= $35,000

FUNDING:

Funding for the Solid Waste Rate Study and Management Plan is budgeted and available in the Professional Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees.

ACCOUNT NO.:


Professional Services 41121734-033190 $35,000

RECOMMENDATION:


a) Approve Work Order No. 2 with SCS Engineers in the amount of $35,000 to provide a Solid Waste Rate Study and Management Plan.


ATTACHMENT(s):

1) Work Order No. 2 - SCS Engineers

APPROVED FOR AGENDA: Indian River Co. r· By: .....;,,.....p..i,~ ~!f-l.4...I.....L~,._,,-i.....LJ~...t:l&'---____ _

Administration

Legal

Budget

SWDD

SWDD -Finance

SWDD Agenda - WO No 2 SCS Enginee rs Solid Wast e Rat e Study Page 2 of 2 16.S

WORK ORDER NUMBER 2

Solid Waste Rate Study and Business Plan

This Work Order Number _3__ is entered into as of t his_ day of ___ 201§, pursuant to that certain Continuing Contract Agreement for Professional Services, dated 11/15/11, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4 th day of November, 2014 (collectively referred to as the "Agreement"), by and between IMDIAN RIVER COUNTY. a political subdivision of the State of Florida ("COUNTY") and SCS Engineers ("Consult ant").

The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference.

The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 3 (Time Schedule), attached to this Work Order and made a part hereof by t his reference al I in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms

of the Agreement and the terms of the AgreemEnt shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.

IN WITNESS WHEREOF, the parties hereto h;we executed this Work Order as of the date first written above.

CONSUL TAi\JT: SCS Engineers

By: ; .i

n ae: Project Director

By:

BOARD OF COUNTY COMMISSIONERS OF 11\lDIAN RIVER COU NTY

- - ---------------, Chairman

BCC Approved Date: -------------

Attes'i:: Jeffrey R. Smith, Clerk of Court and Comptroller

By: ----------------Deputy Clerk

Approved: ------------------Joseph A. Saird, County Administrator

• Reingold, County Attornay

166

Exhibits ~i, 2, and 3

Environmental Consultants and Contractors

SCS ENGINEERS

January 6, 2016 File No.090516215

M r. Himanshu H. Mehta, P .E. Managing Director

-

4041 Park Oaks Blvd. Suite 100 Tampa, FL 33610-9501

Indian River County - Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, FL 32968

Subject: Work Order #2 - Solid Waste Rate Study and Business Plan

Dear Mr. Mehta:

813 621-0080 FAX 813 623-6757 www.scsenginsers.com

SCS Engineers (SCS) is please to present the following proposal to conduct a solid waste rate study and business plan (Project). This proposal has been prepared at the request of the County's Solid Waste Disposal District (District).

The following scope of services (Exhibit 1), corresponding foe estimate (Exhibit 2), and Project schedule (Exhibit 3) are provided by SCS Engineers (SCS). This scope of services is to perform a solid waste cost of service and rate study for the County's District.

Task 1- Kick Off Meeting

SCS proposes to kick off the project with an initial face-to-face meeting shortly following the award of this project. To help us frame the scope of this project, SCS will request background information so that we can review reports, data, and any other related information relevant to collection operations prior to the meeting. We will then prepare an agenda that will include t l-ie following:

·~ Summary of proposed project outline and data gaps that this project will address . ., Initial goals and objectives for this project that will drive the review. f> Project timeline, milestones, and deliverables.

Task 2 • Gather and Analyze Historical Information

An important aspect of predicting future revenues and expenditures is to understand the past operating performance since the last rate study. We will also gather pertinent demographic data, solid waste generation statistics, and financial data. These data will then be organized into a revised Pro Forma Model, which will enable SCS to provide the County with an analysis of the rate impacts of system changes.

167

Task 3 - Project Revenue Requirements

The "revenue requirement'' is just what it implies. ltis the total amount of money the County must collect to pay District expenditures needed to provide its targeted levels of service while meeting its financial requirements ( e.g., funding debt service obligations, maintaining coverage ratios, and maintaining fund balance requirements, etc.). The revenue requirement also will include long-term capital expenditures that are paid out of current rates and not paid by bond proceeds, if any.

The revenue requirement at the time of ratemaking will be determined by annualizing the fiscal year-to-date cash expenditures. Additionally, adjustments would be made by SCS for any significant non-recurring expenditures (e.g., one-time payments at the end of the fiscal year).

Revenue requirements for future years (e.g., 1 0years through 2025) would then be projected by applying anticipated changes in the expenditures to the current revenue requirement. These changes may include such items as: inflation, increases in worker' wages, fuel adjustments, more strict requirements from regulating agencies, and leachate treatment adjustments. They may also include expected costs for new projects and new programs. In addition to projected cash expenditures, any adjustments will be made to account for required increases, if any, in fund balance or County financial policies.

Task 4 - Design New Tipping Fees and Assessments

After completion of Task 3, SCS will finalize the Pro Forma Model to enable development of rate designs (e.g., tipping fee and waste generation units (WGU) pursuant to the District's Resolution No. 95-1 ). There are various issues with the Resolution No. 95-1 (vacancy credits, recycling credits, and deviation policies) as well as the assessment categories them s e 1 v es. SCS will evaluate waste generation rates for various land use categories, as needed. SCS will analyze these issues and prepare recommendations for consideration by the District.

SCS will prepare three sensitivity runs of the Model (e.g., different estimated inflation rates, waste generation growth, and recycling rates) for possible recommended rates and assessments by the District.

Task 5 - Draft and Final Reports

Once these steps outlined above are completed, SCS will then prepare a Draft Report of the conceptual design of the system rate study. The Draft Rate Study will be issued to the County for review and comment. Based on comments received, SCS will then modify the Draft Rate Study Report and prepare a Final Report.

SCS staff will prepare a PowerPoint presentation summarizing the results of the study and be available for attendance at a Board of County Commissioners meeting to discuss the recommended rates and assessments.

168

Rate Study Deliverables

Fee

• Revised Pro Form Rate Mode] in Microsoft Excel

e Draft Report

• Final Report

SCS proposes to undertake this task assignment for a lump sum fee of $35,000 (Exhibit 2). Invoices will be issued monthly with an estimate of milestone completion.

Schedule

The Project schedule (Exhibit 3) was developed in light of the District's needs for completion of the overall assessment rates for the next fiscal year.

Soito'. V\/aste Disposed District Solid \ ,,rosto Rate Study and Business .~-,;on

P··oject ScnecJulE-) ----- ......... -~·---

Month I

Tosk :

Tosk3

Task4

losk5

t~.~onth 2 Month 3 Month4 Month 5 Month 6

C" ;;,

'::>i' [_

---------·-·- -----.--.---.-•.•-•----

< Pre!>entation I I i 1-•T-«"'•-1·: ... , .. ,.,-u ... , ... J•1•i•J-=i-J

169

SCS appreciates the oppmtunity to assist you with this project. Please call Marc Rogoff at 813-810-5547 if you have any questions or need anything else.

Sincerely,

Bruce J. Clark, P.E. Project Director SCS ENGINEERS

MJR/BJC

Marc J. Rogoff, Ph.D. Project Director SCS ENGINEERS

170

Personnel

Office Direc1or/Officer

Project Director Project Manager

Senior Superintendent

Project Professional Proj cct Engineer

Staff Engineer Site/O&M Superintendent Senior Technician Designer Oraftsnerson

Technician Secretatial/Clerical

Subtotal Loh01 (hours)

Subtotal Labor($)

Reimbursables G&A, 15 percent reimbursables

Total Fee Kslimatc

REIMBURSABLE COSTS

Umt Cost

Reimbursable ($) Unit Subco,mtltant I Is Equipment rental 40 day

Outsicle Lbrffemn Svcs l hour

Laboratory Services 1 each Vehicle Mileage (Auto) 0.55 mile Vehick Mileage (Truck) 0.55 mile Rental Cnr 75 day

Trnck 55 day

Parking & Tolls 20 day

Air Fare 450 trio Mea I Per Oiem 30 day

Lodging, Horel 70 day Telephone Calls 5 each

Faxes 6 each

Post.age & freight 15 ls Reproduction (Xerox) 0.10 each Reproduction (Graphics) 3 each

CAD plots (24x36) 4 each CAD plots (I lxl7) 0.4 each CAD plots (8xll) 0.1 each

Computer (CAD) 20 hour

Reproduction (Drawings) 6 sheet

AITACHMJ-:NT A. MANPOWER AND FEE ESTIMATE

Solid Waste Rate Study and Business Plan Indian River County, FL

Task (Hou rs)

1 2 3 4 5

0 0 0 0 0 0

8 50 24 24 40 0

0 0 0 0 0 0

0 0 0 0 0 0

0 30 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

1 I 0 0 3 0

9 81 24 24 43 0

1,750 14,135 5,040 5,040 8,6IO 0

235 0 16 0 125 0

35 0 2 0 19 0

$2,000 $14,100 $5,100 $5,000 $8,800 $0

Task (Quantity)

1 2 3 4 5

0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

I 0 0 0 l 0

0 0 0 0 0 0

2 0 0 0 0 0

0 0 0 0 0 0 1 0 0 0 l 0

I 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

1 0 0 0 0 0 50 0 0 0 200 0

0 0 0 0 0 0

0 0 4 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

Tot~I Rate Total

(hours) ($) {$)

0 0 240 0

0 146 210 30,660

0 0 150 0

0 0 125 0

0 30 120 3.600

0 0 95 0

0 0 88 0

0 0 75 0

0 0 75 0

0 0 95 0

0 0 95 0

0 0 62 0

0 5 70 315

0 181

0 34,575

0 376 0 56

$0 $35,000

Page 2

Total Total Units ($)

0 0 0

0 0 0

0 0 0 0 0 0

0 0 (

0 0 (

0 2 150

D 0 0

0 2 40 0 0 0

0 2 60 0 1 70

0 0 0 0 0 0

0 I 15

0 250 25 0 0 0

0 4 16

0 0 0 0 0 0

0 0 0

0 0 0

171

INDIAN RIVER COUNTY


BOARD MEMORANDUM



From: Vincent Burke, P.E., Director of Utility Services &!J} Prepared By: Himanshu H. Mehta, P .E., Managing Director, Solid Waste Disposal District 1::!. 'Yh · Subject: Work Order No. 3 to SCS Engineers for a Conceptual Design of a new

Household Hazardous Waste and Citizen Drop-Off Center


The Solid Waste Disposal District (SWDD) has been operating a Household Hazardous Waste (HHW) and a Citizen Drop-off center at the main landfill for over 20 years. The Citizen Drop-off center consists of a location where residents and businesses with small vehicles can safely dispose of their solid waste, recyclables and construction materials without having to go to the Class I landfill.

In accordance with the 2014 Solid Waste Master Plan recommendations, the facilities have been identified to be upgraded this fiscal year. In order to proceed, staff recommends a step wise approach in first planning the improvements and developing a conceptual design of the improvements. Future work would include detailed design, permitting, bidding and construction services.

ANALYSIS:

SCS Engineers has submitted Work Order No. 3 to initiate the planning and conceptual design work for a new HHW and Citizen Drop-off center. The project is broken down into two tasks as shown in the table below with an overall goal of completion within 21 days of award. The scope includes surveying services, coordination with FP&L, the County Building department and an Administrative Approval process with the County Planning department. A preliminary construction estimate will also be provided to ascertain if the conceptual design is within our fiscal budget for this project.


Task 1 Initial Conceptual Design (includes survey) $12,586 21 Days

$10,246 Task 2 Final Conceptual Design

TOTAL (Lump Sum) = $22,832

SWDD Agenda - WO No 3 SCS Engineers New HHW and Citizen Drop-Off Center Page 1 of 2 17.2

FUNDING:

Funding for the new HHW and Citizen Drop-off center is budgeted and available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $555,000 for the 2015/2016 fiscal year.

ACCOUNT NO.:



RECOMMENDATION:


a) Approve Work Order No. 3 with SCS Engineers in the amount of $22,832 to provide engineering services for a new Household Hazardous Waste and Citizen Drop-off center.


ATTACHMENT(s):

1) Work Order No. 3 - SCS Engineers

Indian River Co.

Administration

Legal

Budget

SWOD

SWDD -Finance

SWDD Agenda - WO No 3 SCS Engineers New HHW and Citizen Drop-Off Center Page 2 of 2 1l3

WORK ORDER NUMBER 3

Concept Design Layout for New Citizen's HHW and Recyclables Drop-off Facility

This Work Order Number 2._ is entered into as of this_ day of __ ~ 201§, pursuant to that certain Continuing Contract Agreement for Professional Services, dated 11/15/11, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4 th day of November, 2014 (collectively referred to as the "Agreement"}, by and bet ween INDIAN RIVER COUNTY. a political subdivision of the State of Florida ("COUNTY") and SCS Enginaers {"Consultant").

The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this refer ence.

The professional services wlll be performed by the Consultant for the fee schedule set forth in

Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant wil! perform the professional services within the timeframe more particularly set forth in Exhibit A {Time Schedule}, attached to this Work Order and made a part hereof by this

reference all in accordance wi'th 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 w ith the terms of the Agreement and t he terms of the Agreement shall be deemed to be. incorporclt<!d in each individual Work Order as if fully set forth herein.


CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY SCS Engi~< :-' (j;)

By: ~< )--,....r~-{-f::/',..____ By: ________ ___ ·-···-··--·- ·-·--•-··•- ··· ., ... Bruce Clark , Chainmm

Title: Project Director _____ _ BCC Approved Date:

Attest: Jeffrey R. Smith, Clerk of Court and Comptroller

By: ----Deputy Clerk

Approved: ____________ .,. .. , ,. ...... ,. ... ,_ .. _____ ___ ,

Joseph A. Bai rd, County Administrator

174

Environmental Consultants and Contractors.·., -: · ·

4767 New Broad Street Suite 222 Orlando, FL 32E 14

407 514-2766 FAX 407 514-2604

www.scsengineers.com -- -- - -

SCS ENGINEERS

January 6, 2016 File No. 090001216

Mr. Himanshu Mehta, P .E. Managing Director

Exhibit A

Indian River County - Solid \Vaste Disposal District 1325 74th Avenue, SW Vero Beach, FL 32968

Subject: New Citizen's Household H:-izardous Waste Collection and Recyclables Drop-Off Facility

Dear Himanshu:

fhe County is interested in providing a new, efficient, ;;afe. and aesthetically pleasing facility at the landfill for dtizens to come in and drop- i.iff r.::-cyclable rna~ria.b, t;-ash, con".,!ructfon and demolition lC&D) dellris. and household haznrctom; waste:-; (HHW). This proposal is for SCS Engineers (SCS) to assist the County in the planning and conceptual design of the facility. Future proposals will include detailed design, permitting, bidding, and constmction services.

SCOPE OF SERVICES

Task 1 . Initial Conceptual Design

SCS ,vrn visit the landfill and bt'come famili.u- with the lo~atitm and features of the area where tlx· County wants w put the facility. At rlrn,t 1ime, ,v,~ will obrnb lhe County's initial criteria for the facility, including. in general; traffk~ paitcms, weigh-in/weigh-our requirements, existing buildings that c;111 be demolished er retained, udliiie, that may need relocation, orientation to Sca!ehouse, drainage features, potable water, and others.

SCS will retain a licensed surveyor to prepare a current topographic survey of the area designated for the new facility, including the Scalehouse and existing adjacent roadways.

Following receipt of the survey, SCS will prepare an initial conceptual layout of the major features, including buildings, roads, and stormwater management, "swap shop" for reusable material like used paint, potable water~ power lines, and green space. An area also will be designated where existing drop-offs can continue while the new facility is being constructed. The facility's design likely will be modeled similar to the County's Oslo satellite drop-off facility at 950 1st Place.

The initial layout will be shared with the County Solid Waste personnel to get their initial input on desired changes and/or additjons to the plilll. SCS \.\' ill make these change.s. The revised design will be shared with Florida Power & Light (FP&L) to obtain their initial requirements for

Offices Nationwide 17.5

Mr. Himanshu Mehta , P.E. January 6, 2016 Page 2

the power supply at the facility and the process for requesting relocation of existing power lines, if necessary.

At this point, the plan should also be discussed with the County Building Department to get their input before going any further. That work is described in the next task.

Deliverable: Provide Draft Concept Site Layout Plan, and updated Topographic Survey. Attend one meeting with County Solid Waste personnel.

Task 2, F i nal Conceptual, D~uign

SCS will coordinate a meeting with the County Solid Wa.~te personnel anct the County Building Department /Planning Division personnel to discuss the draft conceptual plan. At that meeting SCS will gain u better understanding of what specific site development features are require<l by the County including; ratio of permeable to impermeable area, landscaping, utilities, drainage, parking, signage, and others.

Following the meeting, and re..-:eipt of initial input from FP&L, SCS will prepare a revised draft eom:eptual phm that will inco1vornte the County's requirements and any other changes or additions desired. SCS will prepare at this stage a preliminary construction cost estimate, so that the cost can be compared to the County's budget.

SCS will provide the County a n-wkw plan, and then meet with the Counry to go i.lVer nny C(muncnts nr changes. At thi~ time. changes shonld be umde, if necessary, to bting tfa: dt~sign in under the l'.Urreni budget. One~ the final. concept is approved, SCS would then like t(' discus preparing additional stope and foe to provide full engin~ering. perm.itting, and constrndion oversight for the ,t.~tual pn~ie~t.

Deliverable: Attend one meeting each with th~ County Building Dept. and the County Pfonning Division, provide Final Conc,ept Site Layout. complete the Administrative Approval App1icati(,n Form (including Land Clearlng Application, the Tree Removal Permit Application, Flood Z:me and Tax I.D.) and submit to Planning for approval.

SCS assumes the County will provide to SCS for this form a copy of the Owner's Deed. SCS will include the Administrative Fee ($200) in our fee.,

FEE AND SCHEDULE

SCS' fee estimate to complete Task land 2 is $22,832. Because there are ~ome unknowns at this time, including whether power lines can be moved. land use requirements, and actual usable drainage features, we will invoke monthly, on a time and materials. basis for actual work completed. Our rates are as provided in the attached Fee Schedule-. If the actual work goes outside the scope we will notify you and discuss if an extra fee is warranted.

176

Mr. Himonshu Mehta, P. E. Jonuory 6, 201 6 Po ge 3

We can have the initial concept site layout completed for your initial review in approximately 21 business days. Overall we estimate that we can complete the Tasks in approximately 100 days, including County reviews.

The cost per task is as in the following table. A breakdown of staff classification, hourly rate, and allocated hours to tln.e Tasks is provided in Exhibit B (attached).

TASK COST (Fee)$ ---·----.... --

Task 1. Initial Conceptual Design 12,586

Task 2. Fina I Conceptual Design 10,246 ·--

Total 22,832 _ _,., ........ --.~-

A Work Order is attached for your convenience. Plt-;a;'-t:'. call Brm:::c, Clark al 8 l.J .. 62 1 .. 0080 Ext. 2130 if you any questions nr need auyrhin~ d ~K•. \Ve lnok forward to working with you agai.n .

Sincerely,

Marc J. Rogoff, Ph.D. Project Director SCS ENGINEERS

BJC/r11ir

cc:

Bruce J. Clark, P .E. Project Director SCS ENGINEERS

177

..

...... QC

Labor Category

Principal/Office Director

Project Director

Senior Project Manager

Project Manager

Senior Project Professional

Project Professional

Senior Superintendent

Designer

Staff Professional

Associate Staff Professional

Sr. Field Tech

Sr.Office Services Manager

Secrectarial/Clerical

Laborer/ Technician

Subtotal Labor (hours)

Subtotal Labor ($)

Project Management 10%

Reimbursables G&A 15%

Total Fee Estimate

Notes:

Task 1 - Initial Conceptual Design Task 2 - Final Conceptual Design

Exhibit B - Task and Fee Breakdown

Indian River County Solid Waste Disposal District Concept Design Layout for New Citizen's HHW and Recyclables Drop-Off Facility

Tasks (Hours)

1 2

2 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

10 20 0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 16 12 0 0 0 0 0

22 41 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0

3 3 0 0 0 0 0

0 2 0 0 0 0 0

51 80 0 0 0 0 0

5,520 8,934 0 0 0 0 0

552 893

5,664 364 0 0 0 0 0 850 55 0 0 0 0 0

$12,586 $10,246 $0 $0 $0 $0 $0

Total Rate Total (hours) ($) ($)

0 2 240 480 0 0 210 0 0 0 170 0

0 0 150 0

0 30 135 4,050

0 0 120 0

0 0 105 0

0 28 110 3,080

0 63 100 6,300 0 0 85 0 0 0 90 0 0 0 85 0 0 6 70 420

0 2 62 124 0 131

0 14,454

1,445

0 6,028

0 904

$0 $22,832

-...... l,O

Unit Cost

Reimbursable ($)

Proposed Sub (civil) l Proposed Sub (TEAM) 1

Prooosed Subcontractor 1 Subcontractors (Ecological) 1

Subcontractor (hydro-geotecl 1 Laboratory Services 1 Vehicle Mileage (Auto) 0.560

Vehicle Mileage (Truck) 0.445

Rental Car 70

Truck 75

Truck 1,300

Parking & Tolls 10

Air Fare l Meal Per Diem 30

Lodging, Hotel 70

Telephone Calls 5 Administrative Fee l Postage & Frei!!ht 20

Reproduction (Xerox) 0.10

Reproduction (Graphics) 3 Equipment Rental (GEM) 125 Draeger Tubes 5

Licenses/Permits l Computer (CAD) 5 Reproduction (Drawings) 6

Notes:

Exhibit B - Task and Fee Breakdown Indian River County Solid Waste Disposal District

Concept Design Layout for New Citizen's HHW and Recyclables Drop-Off Facility REIMBURSABLE COSTS

Task (Quantity)

Unit 1 2

T&M T&M

LS 5,500 T&M

LS T&M mile 50 50 mile day

day

mo.

ls T&M

day

day

each 10 10 each 200

ls l

each

each 2 2 day

each T&M hour 16 12 sheet

Phase 1 - Southeast County Facility General Services Task 1510 - LFGTE Bid Proposal Assistance

Total Total Units ($)

0 0

0 0 5,500 5,500

0 0

0 0 0 0

100 56 0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

20 100 200 200

l 20

0 0

4 12

0 0 0 0

0 0 28 140

0 0

Reimburseables 6,028

SCS ENGINEERS FEE SCHEDULE (Effective through December 31, 2016)

Principal/Office Director ................................................. . .............. . Project Director ................................................................................................... . Senior Project Advisor .................................................................. . Senior Project Manager ...................................................................................... . Project Manager .......................................................................... . Senior Project Professional ................................................................................. . Project Professional ...................................................................................... ...... . Designer ......................................................... ........................ . . . Construction Superintendent .............................................................................. . Staff Professional ................................................................................................ . Designer/Drafter .................... ................................................ ............................. . Senior Technician .............................................. .... .. ................................... ...... .. Associate Staff Professional .............................................................................. . Technician .......................................................................................................... . Secretarial/Clerical ................................................................................. .......... .. .

Rate/Hour ($) 240 210 190 170 150 135 120 110 105 100 95 90 85 62 70

1. The hourly rates are effective through December 31, 2016. Work performed thereafter is subject to a new Fee Schedule issued for the period beginning January 1, 2016.

2. The above rates include salary, overhead, administration, and profit. Other direct expenses, such as analyses of air, water and soil samples, reproduction, travel, subsistence, subcontractors, computers, and other reimbursable fees, are billed in accordance with the attached reimbursable fee schedule or at cost, plus 15 percent for administration.

3. For special situations, such as expert court testimony, hourly rates for principals of the firm will be on an individually-negotiated basis.

180

SCS ENGINEERS REIMBURSABLESFEESCHEDULE

(Effective January 1, 2016 through December 31, 2016)

ADMINISTRA Tl ON/MILEAGE

Reimbursable

Vehicle Mileage

Truck Usage

Reproduction - Black and White Copies

Reproduction - Color Copies

CAD Usage

Unit Cost ($)

Current Federal Rate

$75

0.10

0.75

5

mile

day

each

each

hour

181

BoardofCountyCommissionMeeting Page1January 12, 2016




DISTRICT

Bob Solari, Chairman District 5 Present Joseph A. Baird, County Administrator Present Joseph E. Flescher, Vice Chairman District 2 Present Dylan Reingold, County Attorney Present Wesley S. Davis District 1 Present Jeffrey R. Smith, Clerk of the Circuit Present Peter D. O’Bryan District 4 Present Court and Comptroller Tim Zorc District 3 Present Maureen Gelfo, Deputy Clerk Present DVD TIMES

PACKET PAGES

1. CALL TO ORDER 9:00 A.M.

2. INVOCATION

Stan Boling, Community Development Director


Commissioner Tim Zorc

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS-NONE


9:03 a.m. A. Presentation of Proclamation Honoring Maria I. Suesz on Her Retirement from the Indian River County Clerk of Circuit Court and Comptroller’s Office Effective January 29, 2016 1

Chairman Solari read and presented the Proclamation to Maria I.

Suesz.



www.ircgov.com

REGULAR MEETING MINUTES

TUESDAY, JANUARY 12, 2016


9:16 a.m. B. Presentation of Proclamation Indian River County Celebrating Children’s Week 2

Commissioner O’Bryan read and presented the Proclamation to Pat Houston, Director of Programs, Early Learning Coalition; and Brooke Flood, Board Member Early Learning Coalition and Coordinator of School Readiness for Indian River County School District.

9:20 a.m. C. Agricultural Extension Service Annual Agricultural Extension Update Presentation by Christine Kelly-Begazo, Indian River County Extension Director/Agricultural Agent

Christine Kelly-Begazo gave a PowerPoint Presentation on the 2015 accomplishments and the 2016 goals of the Indian River County Extension Service.

9:31 a.m. D. Presentation of Indian River County Chamber of Commerce Economic Development Division Fiscal Year 2014-2015 Annual Report by Helene Caseltine, Economic Development Director, Indian River County Chamber of Commerce 3-20

Helene Caseltine gave a PowerPoint Presentation outlining the achievements and activities of the Economic Development Division of the Indian River County Chamber of Commerce for the 2014-2015 Fiscal Year.

6. APPROVAL OF MINUTES

9: 50 a.m. A. Regular Meeting of December 1, 2015 B. Regular Meeting of December 8, 2015 C. Regular Meeting of December 15, 2015

ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Flescher, the Board approved the Regular Meeting Minutes of December 1, 2015, December 8, 2015, and December 15, 2015, as written.


9:51 a.m. A. Invitation to Fort Pierce Job Fair, Thursday, January 14, 2016, 10:00 a.m. to 2:00 p.m. 21

Commissioner O’Bryan pointed out that there would be a special time from 10:00 a.m. to 10:30 a.m., allotted for veterans at the job fair. The event will be held at the Percy Peek Gymnasium in Ft. Pierce, Florida.

9:52 a.m. B. Letter from Ted Robinson Re: People vs. All Aboard Florida (memorandum dated December 16, 2015) 22-24

Commissioner Davis read Ted Robinson’s letter opposing All Aboard Florida into the record.


9:01 a.m. C. Indian River County Code Chapter 309, Fair Housing – Annual Report (memorandum dated January 4, 2016) 25

9:54 a.m. D. Update on All Aboard Florida/Vero Electric Expenses

(memorandum dated January 4, 2016) 26-30 Commissioner Zorc asked whether private citizens who are opposed to

All Aboard Florida may contact the County’s lobbyists, and if the County has sufficient funds to cover the legal expenses associated with the City of Vero Beach Electric issue. County Attorney Dylan Reingold stated that any citizen opposing All Aboard Florida, who wants to speak with a lobbyist, should contact him (Attorney Reingold) initially. He also provided a brief update on House Bill 579, sponsored by Debbie Mayfield, regarding the Florida Municipal Power Agency. County Administrator Joseph Baird confirmed that the County’s budget would accommodate the legal expenses associated with the Vero Beach Electric issue.

9:57 a.m. E. Safe Routes to School Non-Infrastructure Grant Renewal (memorandum dated January 5, 2016) 31-59

9:57 a.m. F. Retirement Award and Proclamation Honoring George Rogala on His

Retirement from Indian River County Board of County Commissioners Department of Public Works/Facilities Management Division With Nineteen Years of Service 60-61

Vice Chairman Flescher acknowledged George Rogala on his retirement.

9:57 a.m. G. Retirement Award and Proclamation Honoring John Krupke on His Retirement from Indian River County Board of County Commissioners Department of Public Works/Road & Bridge Division With Ten Years of Service 62-63

Vice Chairman Flescher acknowledged John Krupke on his retirement.

9:01 a.m. H. Appointment to Treasure Coast Regional Planning Council (TCRPC) Comprehensive Economic Development Strategy Committee (CEDS) (memorandum dated January 5, 2016) 64

Noted for the record was the appointment of Joe Griffin, City Manager of Sebastian, to represent District 2.

8. CONSENT AGENDA 10:00 a.m.

ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Consent Agenda, pulling Items 8.J. and 8.N. for discussion.


9:01 a.m.

A. Approval of Checks and Electronic Payments – December 4, 2015 to December 10, 2015 (memorandum dated December 10, 2015) 65-72

Approved the list of checks and electronic payments as supplied by the Comptroller’s office.

B. Approval of Checks and Electronic Payments – December 11, 2015 to December 17, 2015 (memorandum dated December 17, 2015) 73-78


C. Approval of Checks and Electronic Payments – December 18, 2015 to December 23, 2015 (memorandum dated December 23, 2015) 79-85


D. Approval of Checks and Electronic Payments – December 28, 2015 to December 30, 2015 (memorandum dated December 30, 2015) 86-92


E. Authorization to Attend Health Benefits Conference & Expo (memorandum dated January 4, 2016) 93-97

Authorized the County Administrator and/or staff to attend the 25th Annual National Health Benefits Conference and Expo on January 25th through January 27, 2016, in Clearwater Beach, Florida.

F. Resolution Canceling Taxes on Property Dedicated to Indian River County for A1A Right-Of-Way with regard to a Planned Development Project known as Sandy Lane (memorandum dated December 28, 2015) 98-104

Approved Resolution 2016-001, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Dedicated to County by 790 A1A, LLC for right-of-way)

G. Resolution Canceling Taxes on Property Dedicated to Indian River County for 27th Avenue SW Right-Of-Way with regard to Dunkin Donuts Oslo Site Plan (memorandum dated December 28, 2015) 105-112

Approved Resolution 2016-002, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Dedicated to Indian River County by D.T.O. Oslo Property, LLC)


H. Release and Satisfaction of Demolition Lien (Lot 27, Winter Beach Highlands Subdivision) (memorandum dated December 23, 2015) 113-114

Authorized the Chairman to execute the Release and Satisfaction with Manco Holdings, LLC, for forwarding to the title company for recordation in the Public Records of Indian River County, Florida. (Clerk’s Note: Prior owner Cathy Roberta Brissette, f/k/a Cathy Roberta Caudill and Cathy Moravec).

I. Release of Retainage – Donadio and Associates, Architects, P.A., Skeet and Trap Facility Improvements – Indian River County Public Shooting Range RFQ No. 2013017 (memorandum dated December 30, 2015) 115-117

Approved for release of retainage to Donadio and Associates, Architects, P.A., in the amount of $4,101.52.

10:08 a.m. J. Children’s Services Advisory Committee’s “Annual Report October 1, 2014 to September 30, 2015” (memorandum dated December 15, 2015) 118-160

Commissioner O’Bryan pointed out that the Children’s Services Advisory Committee’s programs were a great benefit to the community at a very low cost. ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously accepted the Children’s Services Advisory Committee’s Annual Report for 2014-2015, as submitted.

K. Release of Retainage for CB&I Coastal Planning and Engineering, Inc., Work Order No. 9 – Sector 3 Beach Restoration, 2015 Physical Monitoring (memorandum dated December 18, 2015) 161-164

Approved for release of retainage to CB&I Coastal Planning and Engineering, Inc., under Work Order No. 9 in the amount of $5,296.71.

L. Agreement for Developer Contributions to Road Improvements / Asphalt Millings on 45th Street West of 66th Avenue (memorandum dated December 18, 2015) 165-168

Approved the Developer Agreement between Indian River County and Hugh D. Corrigan and authorized the County Administrator to execute an agreement as approved by the County Attorney.

M. M.A.C.E. (Multi-Agency Criminal Enforcement Unit), Project Generated Income (PGI), Miscellaneous Budget Amendment 008 (memorandum dated January 4, 2016) 169-171


(1) Approved the utilization of Project Generated Income (PGI) totaling $4,161.15; and (2) approved Resolution 2016-003, amending the Fiscal Year 2015-2016 Budget (Budget Amendment 008).

10:01 a.m. N. Miscellaneous Budget Amendment 009 (memorandum dated January 5, 2016) 172-178

Commissioner Zorc requested deferring the expense in the proposed budget amendment for Entry Number 12 for air conditioning controls, until the feasibility can be determined of the County acquiring a newer style of air conditioner with built-in controls. ON MOTION by Commissioner Zorc, SECONDED by Chairman Solari, the Board unanimously approved, AMENDED to omit Budget Amendment 009, Entry Number 12 for air conditioning controls for Facilities Management, Resolution 2016-004, amending the Fiscal Year 2015-2016 Budget. Discussion ensued, with input from staff, about whether the air conditioning repairs could be briefly delayed while more information is gathered on the new type of air conditioner. ON MOTION by Commissioner Zorc, SECONDED by Chairman Solari, the Board unanimously put a placeholder on the Board agenda in case the alternative air conditioner is not feasible; and approved for this matter to be brought back before the Board at the County Commission meeting of February 2, 2016.

O. Miscellaneous Budget Amendment 010 (memorandum dated January 4, 2016) 179-194

Approved Resolution 2016-005, amending the Fiscal Year 2015-2016 Budget.

P. North Sebastian Sewer Design – Phase II (memorandum dated December 29, 2015) 195-204

Approved and authorized the Chairman to execute on the Board’s behalf, Work Order No. 2, authorizing the professional services for the Gravity Sewer Project for North County, for a lump sum amount of $188,065.00 to Masteller and Moler, Inc.

Q. Acceptance and Approval of Expenditures of the 2015/2016 Federally-Funded Community Emergency Response Team (CERT) sub-grant # 16-CI-S9-10-40-02-XXX (memorandum dated January 4, 2015) 205-207


Accepted and approved of expenditures as directed in the Federally Funded Sub-Grant Agreement; and authorized staff to make any line-item changes which may occur after execution of the contract, with the written approval of the Florida Division of Emergency Management (FDEM).

R. Work Order No. 5 with Kimley Horn and Associates for Design and Implementation of Membrane Replacement for RO Skids at North (Hobart) RO Water Treatment Plant (memorandum dated January 4, 2016) 208-214

Approved and authorized the Chairman to execute on the Board’s behalf, Work Order No. 5 authorizing the professional services for the Hobart Reverse Osmosis Water Treatment Plant, for a lump sum amount of $32,380.00 to Kimley-Horn and Associates.

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None

10. PUBLIC ITEMS A. PUBLIC HEARINGS

None

B. PUBLIC DISCUSSION ITEMS

(As a general rule, public discussion items should be limited to matters on which the commission may take action.)

10:09 a.m.

1. Request to Speak from Jason Redmon, Indian River Sports Complex, Regarding Youth Sports in Area 215

Jason Redmon, 2538 12th Square SW, representing the Indian River Sports Complex, requested the Board to consider allocating a portion of the $1 million derived from the Windsor Property Swap (earmarked for recreational purposes), for upgrades to the 16th Street Sports Complex. Derek Muller, also representing the Indian River Sports Complex, gave a PowerPoint Presentation detailing the need for improvements, including adequate restroom facilities, at the 16th Street facility. County Administrator Joseph Baird discussed the history of the 16th Street site and outlined his objections to expending funds on said property. Discussion ensued between the Commissioners, staff, and Messrs. Redmon and Muller regarding the need to have a


sports facility that generates enough revenue to cover operating costs; whether to liquidate the 16th Street Complex and build other baseball/multi-purpose fields; whether the School Board or the City of Vero Beach might want to acquire the 16th Street property, and the possibility that the County could acquire the Dodgertown Golf Course property. The Board Members and staff also proposed uses for the $1 million earmarked for recreation. The Board CONSENSUS was to direct County Administrator Joseph Baird to review the overall needs in the County for baseball and recreation facilities in general, and to report back to the Board on the cost of temporary restrooms for the 16th Street Sports Complex.

C. PUBLIC NOTICE ITEMS 10:51 a.m.

1. Notice of Scheduled Public Hearing January 19, 2016: County initiated request to amend the text of the Policy 5.7 of the Potable Water Sub-Element and Policy 5.8 of the Sanitary Sewer Sub-Element of the County’s comprehensive plan Legislative (memorandum dated December 31, 2015) 216-217

2. Notice of Scheduled Public Hearing January 19, 2016: Consider Codifying the Code of Indian River County Legislative (memorandum dated December 28, 2015) 218

County Attorney Dylan Reingold read the notices into the record. The Chairman called a recess at 10:53 a.m., and reconvened the meeting at 11:04 a.m. with all members present.

11. COUNTY ADMINISTRATOR MATTERS 11:02 a.m. A. Health Insurance

(memorandum dated January 6, 2016) 219 County Administrator Joseph Baird advised that the County’s health

care costs are continuing to trend upward, and requested that the Board hold several meetings for information and discussion on this matter. Chairman Solari requested staff to report back with presentations on past, current, and projected health care costs. Discussion ensued about the importance of distributing the information to the International Association of Firefighters, (IAFF)


Local 2201 (the Union) Union representatives/employees, and non-union County employees, so everyone has the same information. John O’Connor, President, International Association of Firefighters, (IAFF) Local 2201, encouraged the Board to explore cost-savings initiatives, such as stand-alone health clinics. Administrator Baird acknowledged that staff would explore various cost-savings options. He advised that staff anticipated reporting back to the Board at the County Commission meeting of February 2, 2016, or February 9, 2016.

12. DEPARTMENTAL MATTERS 11:12 a.m. A. Community Development

1. Consideration of Continuing the Local Jobs Grant 10% Incentive

Bonus for Businesses in the “Enterprise Zone” Area (memorandum dated January 5, 2016) 220-238

Community Development Director Stan Boling, through a PowerPoint Presentation, provided background and analysis on the County’s former Enterprise Zone, which was established in 2005 and terminated on December 31, 2015. He recommended that the Board approve the proposed Resolution providing for the continuation of the 10% incentive jobs grant bonus for target industry in the former Enterprise Zone area (now referred to as the Enterprise Area), and approve the proposed changes to the Economic Development Ad Valorem Tax Exemption form and scoring matrix to remove references to the Enterprise Zone. Discussion ensued between the Board and staff on the Enterprise Area boundaries and whether areas not in the original Enterprise Zone might be added. Commissioner O’ Bryan suggested that possible new designations for the former Enterprise Zone could be the Gifford Economic Opportunity Zone, or the Indian River County Economic Opportunity Zone. MOTION WAS MADE by Vice Chairman Flescher, SECONDED by Commissioner Zorc, to approve (1) Resolution 2016-006, recognizing the sunsetting of the Florida Enterprise Zone Act and the desire of the County to continue to recognize the Enterprise Zone Area as an area eligible for Local Jobs Grant Bonus Incentive; (2) the proposed changes for the County’s Economic Development Ad Valorem Tax Exemption application form and scoring matrix to remove references to the Enterprise Zone; and (3) rebrand the area


formerly known as the Enterprise Zone (final designation to be determined). Commissioner Davis proposed having a Countywide Enterprise Zone. Chairman Solari spoke in opposition to continuing with the former Enterprise Zone program, noting that no Enterprise Zone business has taken advantage of the tax abatement program. Helene Caseltine, Director of Economic Develoment, Indian River County Chamber of Commerce, spoke in support of staff’s recommendation. The Chairman CALLED THE QUESTION and by a 4-1 vote (Commissioner Solari opposed), the Motion carried.

B. Emergency Services None

C. General Services None

1. Human Services None 2. Sandridge Golf Club None 3. Recreation None

D. Human Resources None

E. Office of Management and Budget None

F. Public Works 11:31 a.m.

1. 2016 Sebastian Lionfish Fest Presentation by Kendra Cope

(memorandum dated December 23, 2015) 239-248

Environmental Specialist Kendra Cope, County Coastal

Engineering, gave a PowerPoint Presentation describing the economic and biological impacts of the red lionfish on the


Indian River Lagoon and Atlantic Ocean. She invited everyone to attend the Sebastian Lionfish Fest Fishing Tournament and Educational Cook-Off, to be held at Captain Hiram’s Resort on May 14, 2016. ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously approved the Board’s “Snapper Fish” level sponsorship in the amount of $500, for the 2016 Sebastian Lionfish Fest scheduled for May 14, 2016 at Captain Hiram’s Resort; and authorized staff to continue assisting the Beach and Shore Preservation Advisory Committee in the planning for the festival. Commissioner Davis noted that this is the type of event that the County is willing to help fund initially, with the hope that the private sector will step in.

11:46 a.m.

2. Resolution Opposing United States Army Corps of Engineers (USACE) proposed plan to dredge and relocate bulk ocean sand from Martin and St. Lucie Counties to Dade County (memorandum dated December 17, 2015) 249-255

County Coastal Engineer James Gray reported on the United States Army Corps of Engineers’ (USACE) proposal to remove offshore sand from Martin and St. Lucie Counties for Miami-Dade County beach restoration projects. He relayed the request of the Beach and Shore Preservation Advisory Committee (BSPA) for the Board to approve a Resolution opposing the USACE’s proposal, and direct staff to work with the Legislators to look at the use of non-domestic sand sources for beach projects. ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously approved Resolution 2016-007, opposing the United States Army Corps of Engineers proposed plan to dredge and relocate bulk ocean sand from Martin and St. Lucie Counties to Miami-Dade County. Commissioner O’Bryan pointed out that Miami-Dade County is not behind the request for the off-shore sand; the federal government does not consider the use of non-domestic sand sources viable for beach restoration projects. Tuck Ferrell, 1245 A1A, speaking on behalf of North Beach Civic Association, advocated for the protection of local sand sources. He encouraged the Board to urge the legislators to change the federal restrictions on using Bahamian sand.


ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously directed staff to begin discussions with the Florida Legislature relative to federal use of non-domestic sand sources and to request that Indian River County’s offshore beach compatible sand sources be reserved for Indian River County’s beach management program.

G. Utilities Services None

13. COUNTY ATTORNEY MATTERS 11:53 a.m. A. Short Term Vacation Rental Questions from December 15, 2015 Meeting

(memorandum dated January 6, 2016) 256 Deputy County Attorney William DeBraal gave a presentation with

answers to questions posed by the Board at the December 15, 2015 County Commission meeting, regarding short-term vacation rental properties. He discussed homestead exemptions; the number of vacation rentals in the unincorporated County; the vacation rental organization Airbnb.com; enforcement of State regulations; and the number of residents that can reside in a rental property, according to the Fair Housing Act.

12:03 p.m. B. Use of Jungle Trail Logos (memorandum dated January 6, 2016) 257-264

Attorney DeBraal invited the following individuals to speak on their request to install signs bearing the Jungle Trail logo along the historic Florida Greenway known as the Jungle Trail: Michael Stutzke, Port St. Lucie, gave background on the Jungle Trail Fruit Company box label and the Historic Jungle Trail logos. County Historian Ruth Stanbridge, Indian River Historical Society, relayed that the Jungle Trail goes back to the 1920’s. Carolyn Bayless, President, Indian River County Historical Society, thanked the Board for their continued support of the organization’s projects. ON MOTION by Commissioner O’Bryan, SECONDED by Commissioner Davis, the Board unanimously approved and directed the Chairman to execute the Agreement for Use of Jungle Trail Logos and Fruit Box Labels with E. Michael Stutzke and Sue Stutzke, and directed staff to work with the parties to determine the best locations for installation of the signs.


12:11 p.m. C. Department of Juvenile Justice’s 2014-2015 Reconciliation Statement (memorandum dated January 6, 2016) 265-281

Assistant County Attorney Kate Pingolt Cotner provided background and analysis on the large discrepancy between the Florida Department of Juvenile Justice’s (DJJ) initial estimate, and the follow-up Reconciliation Statement regarding the County’s cost-share for juvenile detention care services. She asked the Board to approve the petition for a hearing on DJJ’s reconciliation Statement. MOTION WAS MADE by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, to approve the filing of the Petition for Formal Administrative Proceeding challenging the Florida Department of Juvenile Justice’s 2014-2015 reconciliation statement. Discussion followed between the Board and staff regarding the DJJ’s methodologies. Commissioner Zorc posed the possibility of developing some type of alternative short-term detention housing for juveniles in the County. The Chairman CALLED THE QUESTION and the Motion carried unanimously.

12:23 p.m. D. 2016 Committees Vacancies (memorandum dated January 5, 2016) 282-284

County Attorney Dylan Reingold reported that many incumbents on County committees were reappointed, and that no qualified applications were received for the remaining vacancies. He noted that said vacancies are still posted on the County’s website.

12:24 p.m. E. Repeal of Enterprise Zone Economic Development Ad Valorem Tax Exemption (memorandum dated December 28, 2015) 285-286

(Clerk’s Note: This item was discussed under Item 12.A.1. and is placed here for continuity). ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously authorized the County Attorney to advertise for public hearing an ordinance repealing that portion of the Economic Development Ad Valorem Tax Exemption pertaining to the Enterprise Zone.

14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman

None


B. Commissioner Joseph E. Flescher, Vice Chairman None

C. Commissioner Wesley S. Davis None

D. Commissioner Peter D. O’Bryan None

E. Commissioner Tim Zorc None

15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District

None

B. Solid Waste Disposal District None

C. Environmental Control Board None

16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 12:23 p.m.

ATTEST:

________________________________ ________________________________ Jeffrey R. Smith, CPA, CGFO, CGMA Bob Solari, Chairman Clerk of Circuit Court and Comptroller

By: _____________________________ Approved: _______________________ BCC/MG/2015Minutes

BoardofCountyCommissionMinutesJanuary19,2016 Page1



REGULAR MEETING MINUTES


DISTRICT

Bob Solari, Chairman District 5 Present Joseph A. Baird, County Administrator Present Joseph E. Flescher, Vice Chairman District 2 Present Dylan Reingold, County Attorney Present Wesley S. Davis District 1 Present Jeffrey R. Smith, Clerk of the Circuit Peter D. O’Bryan District 4 Present Court and Comptroller Tim Zorc District 3 Present Leona Adair Allen, Deputy Clerk Present DVD TIMES

PACKET PAGES

1. CALL TO ORDER 9:00 A.M.

2. INVOCATION

Deputy Teddy Floyd, IRC Sheriff Department Commissioner Davis


Commissioner Wesley S. Davis

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

9:01 a.m.

Delete Item 12.C.3.a. Rental Agreement Proposal for Hobart Baseball Fields ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Flescher, the Board unanimously approved the Agenda as amended.


9:02 a.m.

A. Presentation of Proclamation Designating January 24 – 30, 2016, as Indian River County School Choice Week 1

Commissioner Zorc read and presented the Proclamation to Shelby Tankersley.



www.ircgov.com



9:04 a.m.

B. Presentation of Proclamation Recognizing Indian River County Veteran Cpl. Sylvester McIntosh for Receiving the Secretary of the Navy’s Silver Star Medal 2

Chairman Solari read the Proclamation honoring Veteran Corporal Sylvester McIntosh in recognition of receiving the Navy’s Silver Star Medal. Colonel Marty Zickert received the award on behalf of Corporal McIntosh.

9:10 a.m.

C. Presentation of Quarterly Recycling Update by Stephanie Vos, Recycling Education and Marketing Coordinator, Indian River County Solid Waste Disposal District 3

Recycling Education and Marketing Coordinator of the Solid Waste Disposal District Stephanie Vos, used a PowerPoint Presentation to provide the quarterly recycling update, which reflected a 56% increase in the tonnages of outgoing recyclable materials from last year. A brief discussion ensued between the Board and staff. Wanda Scott, 4306 26th Avenue, sought and received information regarding the exchange of recycling bins. She also inquired about a Proclamation for her mother. Herbert Whittall, 19 Park Avenue, suggested staff find a process to recycle shredded paper.

9:37 a.m.

D. Presentation of Annual Report by Laurie Easterwood, Chairperson; Charlie Wilson, President; and Robert McCabe, Economic Development; Vero Beach Chamber of Commerce ----

Vero Beach Chamber of Commerce President Charlie Wilson, Economic Development Director Robert McCabe, and Jeffrey Zachary, used a PowerPoint Presentation to provide an update on the Vero Beach Chamber of Commerce and their 2016 priorities, which includes economic development, an increase in tourism, and promoting Vero Beach.

6. APPROVAL OF MINUTES

None


9:56 a.m.

A. Letter of Opposition to All Aboard Florida from Penny Chandler to the Federal Railroad Administration (memorandum dated January 7, 2016) 4-7


Chairman Solari acknowledged the letter that Indian River County Chamber of Commerce President Penny Chandler had sent to the Federal Railroad Administration, opposing All Aboard Florida (AAF), now known as Brightline.

B. New Fees for Indian River County Shooting Range Effective March 1, 2016 (memorandum dated January 5, 2016) 8-11

C. Retirement Award and Proclamation Honoring Elizabeth Peters on Her

Retirement from Indian River County Board of County Commissioners Utilities Department/Customer Service Division with Ten Years of Service 12-13

Commissioner O’Bryan recognized the retirement of Elizabeth Peters.

8. CONSENT AGENDA 9:57 a.m.

ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner O’Bryan, the Board unanimously approved the Consent Agenda, pulling Item 8.N. for comment.

A. Approval of Checks and Electronic Payments – December 31, 2015 to January 7, 2016 (memorandum dated January 7, 2016) 14-20

Approved the checks and electronic payments as supplied by the Comptroller’s office.

B. Mt. Zion Missionary Baptist Church and Hutton Team LLC’s Request for Final Plat Approval for a Subdivision to be known as Gifford PD (memorandum dated January 8, 2016) 21-37

Granted final plat approval for the Family Dollar store (Lot 1), for the Gifford Planned Development (PD).

C. Florida Fish and Wildlife Conservation Commission Agreement No. 15120 – Indian River County Shooting Range Hunter Education Classroom (memorandum dated January 6, 2016) 38-85

(1) Approved funding for the Indian River County Shooting Range Hunter Education classroom and covered porch area; (2) approved Agreement No. 15120 with the Florida Fish and Wildlife Conservation Commission; and (3) authorized the Chairman to execute said Agreement.

D. Financial Advisory Agreement – FirstSouthwest (memorandum dated January 12, 2016) 86-100

Approved the Financial Advisory Agreement with FirstSouthwest, a division of Hilltop Securities, Inc.

E. Miscellaneous Budget Amendment 011 (memorandum dated January 8, 2016) 101-111

Approved Resolution 2012-008, amending the Fiscal Year 2015-2016 Budget.


F. Final Payment to Blue Goose Construction for Water Main Loops in the

Highlands and Falcon Trace (memorandum dated January 11, 2016) 112-116

Approved the Application for Final payment in the amount of $88,613.69 from Blue Goose Construction, LLC for the three water main loop completions, which will release any further obligation to the contractor by the County.

G. Final Payment to MMT for Route Survey for Fischer Lake Island Water Assessment Project – UCP #4118 (memorandum dated December 31, 2015) 117-119

Approved the Application for Final Payment to Masteller, Moler and Taylor, Inc., in the amount of $7,432.75.

H. Diamond Court West FL, LLC’s Request for Final Plat Approval for a Plat-Over-Site Plan Single-Family Development to be known as Lily’s Cay (memorandum dated January 8, 2016) 120-147

Granted Final Plat approval for Lily’s Cay at Vero Beach (fka Diamond Court West).

I. Indian River County Intergenerational Recreation Center (IG Bldg) at South County Regional Park – Change Order No. 03 (memorandum dated December 31, 2015) 148-156

Approved additional funding to Kast Construction Company, LLC, for Change Order No. 03, in the amount of $76,292.75, for the installation of data/communication cables and connection hardware. The new total contract price will be $10,945,371.34.

J. Indian River County Intergenerational Recreation Center (IG Bldg) at South County Regional Park – Change Order No. 04 (memorandum dated December 31, 2015) 157-163

Approved additional funding to Kast Construction Company, LLC, for Change Order No. 04, in the amount of $76,118.19, for the installation of a closed circuit television (CCTV) system. The new total contract price would be $11,021,489.53.

K. Work Order No. 6 Morgan & Eklund, Inc., 2016 Beach Profile Monitoring Surveys (Winter) (memorandum dated January 11, 2016) 164-169

Approved and authorized the Chairman to execute Work Order No. 6, to the Professional Land Surveying and Mapping Services Contract with Morgan and Eklund, Inc.

L. Traffic Counters: Board Approval for Trade-in and Purchase of Four (4) Traffic Counters (memorandum dated January 7, 2016) 170-175

-------------------------------------------------------------------------------------------------------------------------


Authorized staff to purchase four (4) new traffic counters and trade-in four (4) old traffic counters.

M. Memorandum of Lease Extension and Second Amendment to Lease Agreement for Winter Beach Tower at 3925 65th Street (memorandum dated January 13, 2016) 176-185

(1) Approved and authorized the Chairman to execute the Memorandum to Lease Extension and Second Amendment for the Winter Beach Tower at 3925 65th Street site, with CCATT LLC, aka Crown Castle; and (2) approved and authorized the Chairman to execute an additional original Lease Extension and Second Amendment on behalf of the Board.

N. Interlocal Agreement Among Indian River, Martin, and St. Lucie Counties Establishing the Treasure Coast Workforce Consortium and the Workforce Development Board of the Treasure Coast (memorandum dated January 13, 2016) 186-193

Chairman Solari voiced his opposition on this item. ON MOTION by Commissioner O’Bryan, SECONDED by Commissioner Zorc, by a 4-1 vote (Chairman Solari opposed), the Board approved and authorized the Chairman to execute the “Interlocal Agreement Among Indian River, Martin, and St. Lucie Counties Establishing the Treasure Coast Workforce Consortium and the Workforce Development Board of the Treasure Coast.”

O. Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program (memorandum dated January 13, 2016) 194-197

Approved Resolution 2016-009, approving payment standards for fiscal year 2016 for the Housing Choice Voucher Program.

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS 9:58 a.m.

1. County Initiated Request to Amend the Text of the Potable Water and Sanitary Sewer Sub-elements of the County’s Comprehensive Plan (memorandum dated January 8, 2016) 198-219

Legislative

PROOF OF PUBLICATION OF ADVERTISEMENT FOR

HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD


Community Development Director Stan Boling, through a PowerPoint presentation, provided background and outlined the County initiated proposed amendment to the text of Policy 5.7 Potable Water, and Policy 5.8 Sanitary Sewer Sub-element of the Comprehensive Plan, which would allow properties that lie outside the Urban Service Area (USA) to be connected to centralized water and sewer service under certain conditions. He stated that the Planning and Zoning Commission (P&Z) had voted 5-0 recommending the Board of County Commissioners to deny the proposed amendment. He recommended approval of the Amendment for transmittal to reviewing agencies by adopting the Resolution. Discussion ensued between the Board and staff. The Chairman opened the Public Hearing. Deborah Ecker, 550 Riomar Drive, on behalf of the Indian River Neighborhood Association (IRNA), read opposing statements to staff’s proposed exemptions to the prohibition of providing water and sewer outside of the USA. Bob Johnson, Coral Wind Subdivision, questioned P&Z’s vote of 5-0, and wondered why it was not a 7-0 vote. He did not feel the members of the committee were properly representing the County’s position on the aspects of their responsibilities. Chairman Solari requested staff to check over the next month and report back to the Board on whether there appears to be chronic absences. Dr. David Cox, 9495 Periwinkle Drive, representing the Pelican Island Audubon Society, opposed staff’s proposal to amend Policies 5.7 and 5.8. Herbert Whittall, 19 Park Avenue, representing the IRNA, requested the Board move forward with putting in sewers for the 30,000 units on septic tanks before considering work outside of the USA. There being no additional speakers, the Chairman closed the Public Hearing. MOTION WAS MADE by Commissioner O’Bryan, SECONDED by Chairman Solari, to deny staff’s recommendation, and not amend the Comprehensive Plan.


County Attorney Dylan Reingold addressed concerns regarding the changes to the Comprehensive Plan. The Chairman CALLED THE QUESTION, by a vote of 2-3 (Commissioners Davis, Flescher, and Zorc opposed), the MOTION FAILED. ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner Davis, by a 3-2 vote (Commissioners O’Bryan and Solari opposed), the Board approved Resolution 2016-010, approving the transmittal of a proposed Indian River County Comprehensive Plan Text Amendment to State and Regional review agencies. There was a brief discussion regarding the Comprehensive Plan amendment process, and this matter coming back to the Board for the possibility of repealing the Comprehensive Plan changes. The Chairman called for a break at 11:00 a.m., and reconvened the meeting at 11:10 a.m., with all members present.

11:10 a.m.

2. Amendment to Section 100.03 “Amendment or Repeal of Ordinances” of Chapter 100 “General Provisions” of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and including Supplement 113 (memorandum dated December 29, 2015) 220-223

Legislative

PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Attorney Reingold requested the Board adopt the proposed ordinance to codify and publish the ordinances published in The Code of Indian River County, up to and including Supplement 113. The Chairman opened the Public Hearing. There being no speakers, the Chairman closed the Public Hearing. ON MOTION by Commissioner O’Bryan, SECONDED by Chairman Solari, the Board unanimously adopted Ordinance 2016-001, 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 113 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.

B. PUBLIC DISCUSSION ITEMS None

C. PUBLIC NOTICE ITEMS None

11. COUNTY ADMINISTRATOR MATTERS None

12. DEPARTMENTAL MATTERS

A. Community Development None

B. Emergency Services

None

C. General Services

None

1. Human Services

None 2. Sandridge Golf Club

None 3. Recreation

a. Rental Agreement Proposal for Hobart Baseball

Fields (memorandum dated January 10, 2016) 224-232

This item was deleted The Chairman asked if anyone from the public wished to comment on this item; there were no speakers.


D. Human Resources

None

E. Office of Management and Budget

None

F. Public Works

None

G. Utilities Services

None

13. COUNTY ATTORNEY MATTERS 11:13 a.m.

A. Legislative Update by Kate Cotner, Assistant County Attorney (no back-up) ----

Assistant County Attorney Kate Pingolt Cotner provided the Board with the following legislative updates: (1) House Bill 1279 / Senate Bill 1322 Juvenile Detention Costs, which suggests a 50/50 split with the County, with the condition of no reimbursement. She recommended the Board support the Bill. ON MOTION by Commissioner O’Bryan, SECONDED by Chairman Solari, the Board unanimously directed the Attorney’s Office to support House Bill 1279 / Senate Bill 1322, as presented. (2) House Bill 745 / Senate Bill 516 Special Districts, requires Special Districts to have their own public website with very specific information. Only one software company is able to provide the information for the cost of approximately $200,000. Attorney Pingolt Cotner recommended the Board oppose this Bill as written. ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously directed the Attorney’s Office to oppose House Bill 745 / Senate Bill 516. (3) House Bill 1387 / Senate Bill 1192 Waste Management. This Bill is labeled Waste Management but actually deals with Solid Waste and Disposal District recycling goals. This Bill would make it difficult for the County to reach its recycling goal, and might be subjected to enforcement rules. She recommended opposition to the Bill.


ON MOTION by Commissioner Davis, SECONDED by Commissioner O’Bryan, the Board unanimously directed the Attorney’s Office to oppose House Bill 1387 / Senate Bill 1192. (4) Senate Bill 1052 Environmental Control applies to Water Districts. The language could impact the County’s ability to manage solid waste via the County’s landfill, and would tie the County’s hands with future alternative options. Attorney Pingolt Cotner and Director of Utility Services Vincent Burke recommended opposing the legislation as it is currently written. Chairman Solari requested Attorney Pingolt Cotner to bring this item back to the Board in February, which would allow the Board more time to review the details of the Bill. (5) House Bill 1015 / Senate Bill 1222 Millage Rates will revise the method for computing roll-back rates for purposes of determining the maximum millage rates for certain local governments. Management and Budget Director Jason Brown and Attorney Pingolt Cotner recommended opposing the legislation as it is currently written. ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously directed the Attorney’s Office to oppose House Bill 1015 / Senate Bill 1222.

11:35 a.m.

B. All Aboard Florida St. Johns River Water Management District Permits (memorandum dated January 13 2016) 233-241

Attorney Reingold provided background concerning the St. Johns River Water Management District Environmental Resource Permit (ERP) application for the All Aboard Florida (AAF) project. He requested authorization to seek and bring back to the Board for approval, a Florida law firm familiar with the District permitting process to assist in the overall review and evaluation of the District applications and to identify options for potential challenges. ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner Zorc, the Board unanimously authorized the County Attorney to move forward with hiring a Florida law firm to assist in the District permitting process, with direction to obtain authorization from the Board before execution of any contract for services.

14. COMMISSIONERS MATTERS 11:39 a.m.

A. Commissioner Bob Solari, Chairman

1. US1 South County Signage (memorandum dated January 12, 2016) 242


Chairman Solari reported that South County residents had expressed a strong interest in adding attractive, high quality signage at the entranceway to Indian River County, now that the new construction project on US 1, in South County, has been completed. A brief discussion ensued amongst the Commissioners regarding signage. Commissioners Flescher and Zorc wanted to see signage at all points of entry into the County. ON MOTION by Vice Chairman Flescher, SECONDED by Chairman Solari, the Board unanimously directed staff to look at all options for appropriate signage for Indian River County, with the idea that over time they may be placed at multiple locations.

B. Commissioner Joseph E. Flescher, Vice Chairman

None

C. Commissioner Wesley S. Davis

None

14. COMMISSIONERS MATTERS

D. Commissioner Peter D. O’Bryan

None

E. Commissioner Tim Zorc

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None The Board reconvened as the Board of Commissioners of the Solid

Waste Disposal District. Those Minutes are available separately.

B. Solid Waste Disposal District


1. Approval of Minutes December 1, 2015


3. CCNA-2014 Work Order No. 6 to CDM Smith, Inc. for Engineering Services with the 2016 Annual Permit Compliance Monitoring and Reporting (memorandum dated January 11, 2016) 243-255

C. Environmental Control Board

None

16. ADJOURNMENT

There being no further business, the Chairman declared the meeting adjourned at 11:47 a.m. ATTEST: ______________________________ _______________________________ Jeffrey R. Smith, CPA, CGFO, CGMA Bob Solari, Chairman Clerk of Circuit Court and Comptroller By: __________________________ Approved: _____________________ Deputy Clerk BCC/LAA/2016 Minutes

Solid Waste Disposal District Page 1 January 19, 2016

BOARD OF COMMISSIONERS


SOLID WASTE DISPOSAL DISTRICT MEETING MINUTES

COMMISSIONERS

DISTRICT

Bob Solari, Chairman District 5 Present Joseph A. Baird, County Administrator Present Joseph E. Flescher, Vice Chairman District 2 Present Dylan Reingold, County Attorney Present Wesley S. Davis District 1 Present Jeffrey R. Smith, Clerk of the Circuit Peter D. O’Bryan District 4 Present Court and Comptroller Tim Zorc District 3 Present Leona Adair Allen, Deputy Clerk Present DVD TIMES

CALL TO ORDER 11:45 a.m. PACKET PAGES

15. SPECIAL DISTRICTS AND BOARDS B. Solid Waste Disposal District

11:45 a.m.



ON MOTION by Commissioner O’Bryan, SECONDED by Commissioner Zorc, the Board unanimously approved the Solid Waste Disposal Meeting Minutes of December 1, 2015 and December 8, 2015, as written.

11:46 a.m.

3. CCNA-2014 Work Order No. 6 to CDM Smith, Inc. for Engineering Services with the 2016 Annual Permit Compliance Monitoring and Reporting (memorandum dated January 11, 2016) 243-255

ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously approved CCNA-2014 Work Order No. 6 with CDM Smith, Inc. in the amount of $93,090 to provide engineering services related to the 2016 Annual Permit Compliance Monitoring and Reporting, and authorized the Chairman to execute same.

County Commission Chamber Indian River County Administration Complex


www.ircgov.com


Solid Waste Disposal District Page 2 January 19, 2016

ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 11:46 p.m.

ATTEST:

_________________________________ ________________________________

Jeffrey R. Smith, CPA, CGFO, CGMA Bob Solari, Chairman Clerk of Circuit Court and Comptroller

By: ______________________________ Approved: ______________________ Deputy Clerk SWDD/LAA/2016 Minutes

Documents

· February 2, 2016 Page 1 of 7 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District