· June 14, 2016 Page 1 of 6 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

June 14, 2016 Page 1 of 6

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

Stan Boling, Community Development Director

3. PLEDGE OF ALLEGIANCE

Commissioner Joseph E. Flescher, Vice Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

None

6. APPROVAL OF MINUTES

A. Regular Meeting of May 10, 2016

Commission Chambers Indian River County Administration Complex

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

www.ircgov.com

TUESDAY, JUNE 14, 2016 - 9:00 A.M.


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

None

8. CONSENT AGENDA

A. Approval of Checks and Electronic Payments – May 27, 2016 to June 2, 2016 (memorandum dated June 2, 2016) 1-8

B. Approval of Bid Award for IRC Bid No. 2016040 – Dunes Course Golf Cart

Concrete Path Repairs (memorandum dated June 7, 2016) 9-17

C. Award of Bid 2016038 – Secondary Containment Coating at the South

County RO Facility (memorandum dated June 3, 2016) 18-26

D. Approval of Southern Region Sustainable Agriculture Research and Education (SARE) 2017 Research and Education Grant Pre-Proposal Partnership (memorandum dated May 26, 2016) 27-30

E. Vero Lake Estates Asphalt Millings Project (Phase II), Final Pay, Release of Retainage and Change Order No. 1 (memorandum dated May 31, 2016) 31-49

F. Request for Purchase of Software Package for Water/Wastewater Facilities (memorandum dated June 1, 2016) 50-65

G. Full Release of Retainage for Ecological Associates, Inc., Work Order No. 8 – Sector 3 Beach Restoration – 2015 Post Construction Monitoring Services (memorandum dated May 27, 2016) 66-68

H. Work Order #2 for REI Engineers, Design and Replacement of Indian River County Administration Buildings A & B Roof (memorandum dated June 1, 2016) 69-74

I. Approval of License Agreement for Beach Town Music Festival with Basis Entertainment (memorandum dated May 16, 2016) 75-96

J. Amendment to Fiscal Year 2015-2016 State Aid to Libraries Grant Agreement (memorandum dated June 8, 2016) 97-124


8. CONSENT AGENDA PAGE

K. Miscellaneous Budget Amendment 019 (memorandum dated June 6, 2016) 125-129

L. DiVosta Homes, LP’s Request for Final Plat Approval for a Subdivision to be known as The Lakes At Waterway Village 2A-1 (memorandum dated June 7, 2016) 130-151

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS None

B. PUBLIC DISCUSSION ITEMS None

C. PUBLIC NOTICE ITEMS

1. Notice of Scheduled Public Workshop June 27, 2016 – 6:00 p.m. The Indian River County Board of County Commissioners will hold a Public Workshop regarding Fellsmere Road Maintenance on Monday, June 27th, 2016, at 6:00 p.m. at the Clarence F. Korker Center for the Performing Arts (Old Fellsmere School Auditorium) Community Room, 22 S. Orange Street, Fellsmere, Florida (memorandum dated June 8, 2016) 152

2. Notice of Scheduled Public Hearing June 21, 2016 County initiated request to amend the county’s Land Development Regulations (LDRs); establishing requirements for a county vacation rental license and other vacation rental regulations by creating zoning code section 911.15(9). Legislative (memorandum dated June 3, 2016 153

11. COUNTY ADMINISTRATOR MATTERS None


12. DEPARTMENTAL MATTERS PAGE

A. Community Development None

B. Emergency Services

None

C. General Services

None

1. Human Services

None 2. Sandridge Golf Club

None 3. Recreation

None

D. Human Resources

None

E. Office of Management and Budget

1. Health Insurance - Summary of Cost Saving Recommendations (memorandum dated April 27, 2016) 154-162

F. Public Works

None

G. Utilities Services

1. Automated Meter Reading (AMR)/ Advanced Metering Infrastructure (AMI) Update and Request to Proceed to Next Phases (memorandum dated June 6, 2016) 163-170

13. COUNTY ATTORNEY MATTERS

A. Humiston Park Parking Lot – County Deed to City of Vero Beach (memorandum dated June 2, 2016) 171-176


13. COUNTY ATTORNEY MATTERS PAGE

B. 2017-2018 Legislative Priorities (memorandum dated June 8, 2016) 177

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

1. E-Mail Accessibility (memorandum dated June 6, 2016) 178-182

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disposal District

None

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.

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 <::::::d/J · June 2, 2016 V-' APPROV AL OF CHECKS AND ELECTRONIC PAYMENTS May 27, 2016 to June 2, 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 May 27, 2016 to June 2, 2016. Attachment:

DLB:DB

1

CHECKS \VRITTEN

TRANS NBR DATE VENDOR AMOUNT 340007 06/0J.'2016 ORANGE COUNTY HOUSING & C D 630.41 340008 06/01/2016 ALL FLORIDA REALTY SERVICES INC 3,327.00

340009 06/01/2016 VERO BEACH EDGEWOOD PLACE LP 801.00 340010 06/01/2016 GRACES LANDING LTD 8,005.00 340011 06/01/2016 MICHAEL JACKOWSKl 496.00

340012 06/0}/2016 PAUL JULIN 650.00

340013 06/01/2016 TERRY A LAWRENCE 39.00

340014 06/01/2016 LINDSEY GARDENS LTD 6,141.00 3400]5 Oo/01/20 l 6 BRYAN D BLAIS 761.00 340016 06/0 I /2016 RIVER PARK ASSOCIAT'ES 14,674.00 340017 06/01/2016 RICHARD C THERIEN 440.00 340018 06/01/20 l 6 CREATIVE CHOICE HOMES XVI LTD 9.438.00 340019 06/0] /2016 DAVID YORK 502.00 340020 06/01/2016 ST FRANCIS MANOR OF VERO BEACH 265.00

340021 06/0] /2016 CITY OF VERO BEACH 133.00 340022 06/01/2016 TREASURE COAST HOMELESS SERVICES 1.785.00 340023 06/01/2016 FLORIDA PO\VER AND LIGHT 126.00 340024 06/01/2016 VENETIAN APARTMENTS OF VERO BEACH 391.00 340025 06/01/2016 HERMOSA PROPERTIES LLC 281.00

340026 06101/2016 PINNACLE GROVE LTD 5,995.00

340027 06/01/2016 VERO CLUB PARTNERS LTD 15,414.00

340028 06/0]/2016 DAVID SPARKS 384.00 340029 06/0 1/2016 lNDLA.N RIVER COUNTY HOUSING AUTHORITY 182.00 340030 06/01/2016 IJ\l'DlAN RIVER COUNTY HOUSING AUTHORITY I 88.00 340031 06/01/2016 INDIAN RIVER COUNTY HOUSING AUTHORJTY 452.00 340032 06/01/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 545.00

340033 06/01/2016 CRAIG MERRILL 1,493.00 340034 06/01/2016 CHRISTINE SALTER 484.00

340035 06/01 /2016 HAGGERTY FAMILY LTD 374.00 340036 06/01/20 16 SUNQUEST INC 798.00 340037 06/01/2016 THE PALMS AT VERO BEACH 9.838.00 340038 06/01/2016 FELLSMERE COI\1:M El\TRJCHMENT PROGRAM INC 96.00 340039 06/01/2016 DAVID CONDON 628.00 340040 06/01 /2016 HILARY MCIVOR 427.00 340041 06/01/2016 PAULA LANE 451.00 340042 06/01/2016 JOHN A CAPPELLO 234.00

340043 06/01/2016 PELICAN ISLES LP 5,667.00 340044 06/01/2016 PELICAN ISLES LP 367.00

340045 06/01/2016 KATE TYSON LYONS 324.00 340046 06/01/2016 SUNCOAST REALTY & RENTAL MGMT LLC 9,513.00 340047 06/01/2016 OAK RJVER PROPERTIES INC 597 .00

340048 06/01/2016 SONRISE VILLAS LTD 1.884.00 340049 06/01/2016 ADINA GOLDMAN 507.00 340050 06/01/2016 INDIAN RIVER RDA LP 3,91 1.00 340051 06/01/2016 MAURICE W BRO\VN 430.00

340052 06/01/2016 GEORGE THUYNS 682.00 340053 06/01/2016 LAZY J LLC 2,025 .00 340054 06/0 1/2016 SYLVIA MCNEILL 635.00 340055 06/01 /20]6 SKOKIE HOLDINGS INC 750.00 340056 06/01/2016 ROGER WINSLOW 478.00 340057 06/01/2016 COURTYARD VILLAS OF VERO LLC 1,228.00 340058 06/01/2016 VINCENT PILEGGI 206.00 340059 06/01 /20 I 6 OSLO VALLEY PROPERTIES JNC 812 .00 340060 06/01/2016 SAID S MOOBARK 799.00 340061 06/01/2016 CORY J HOWELL 85 .00 340062 06/011201 6 OSCEOLA COUNTY SECTJON 8 623.4 )

340063 06/01/2016 LINDSEY GARDENS II LTD 5,174.00 340064 06/01 /2016 ANTHONY ARROYO 403.00

1

TRANS NBR DATE VE1''DOR AMOUNT 340065 06/01/2016 AHS HOLDINGS GROUP LLC 5,332.00 340066 06/01/2016 DANIEL CORY MARTIN 732.00 340067 06/01/2016 YVONNE KOUTSOFIOS 440.00 340068 06/0.l.'2016 ALAN R TOK..A.R 650.00 340069 06/01/2016 VILLAS OF VERO BEACH 463.00 340070 06/01/2016 BRIAN E GALLAGHER 494.00 340071 06101/2016 HOUSING AUTHORITY 575.41 340072 06/01/2016 STEPHANIE WATCHEK FOUNTAIN TRUST 234.00 340073 06/01/2016 MICHAEL STILES 531.00 340074 06/01/2016 RACHEL G SIDMAN -458.00 340075 06/01/2016 SCOT\VILKE 747.00 340076 06/01/2016 MARK.BAER 476.00 340077 06/01/2016 GLS FUND VERO LLC 2,084.00 340078 06/01/2016 J & K PALMER ENTERPRISES LLC 213.00 340079 06/01/2016 THEODORE B.A.RTOSIEWICZ 464.00 340080 06/01/2016 FOUNDATION FOR AFFORDABLE RENTAL 14,141.00 340081 06/01/2016 RJCHARD KUSSEROW 475.00 340082 06/01/2016 lRC PROPERTIES LLC 627.00 340083 06/01/2016 ARE JAY n•rVESTMENTS OF INDIAN RIVER COUNTY IJ\ 521.00 340084 06/0 .1 /20 I 6 SONRISE VILLAS II LLC 542.00 340085 06/01/2016 JOHN T STANLEY 795.00 340086 06/01/20]6 CSMA SFR HOLDINGS JI-LLC 1,666.00 340087 06/01/2016 YELLOW KID INC 537.00 340088 06/01/20]6 RIVER PARK ASSOCIATES 1.300.00 340089 06/01/2016 CREATIVE CHOICE HOMES XVI LTD 679.00 340090 06/01/2016 VERO CLUB PARTNERS LTD 816.00 340091 06/01/2016 SUNQVEST INC 853.00 340092 06/01/2016 THE PALMS AT VERO BEACH 489.00 340093 06/01/2016 PELICAN ISLES LP 736 .00 340094 06/01 /2016 SUNCOAST REALTY & RENTAL MGMT LLC 365.00 340095 06/01/2016 SONRISE VILLAS LTD 507 .00 340096 06/01/2016 INDIAN RlVERRDALP 233.00 340097 06/01/2016 RICHARD L DAVENPORT 442.00 340098 06/01/2016 LIVE OAK VILLAS LTD 550.00 340099 06/01/2016 FOUNDATION FOR AFFORDABLE RENTAL 736.00 340100 06/01/2016 GCA PROPERTIES LLC 464.00 340101 06/02i2016 PORT CONSOLIDATED lNC 527.76 340102 06/02/2016 STURGIS LUMBER & PLYWOOD CO 21.47 340103 06/02/2016 JORDAN MOWER INC 295.45 340104 06/02/2016 TEN-8 FIRE EQUfP:MENT INC 9,932.68 340105 06/02/2016 RANGER CONSTRUCTION IND INC 624.92 340106 06/02/2016 VERO CHEMICAL DISTRIBUTORS INC 677.40 340107 06/02/2016 MUNICIPAL EQUIPMENT LLC 1,200.00 340108 06/02/2016 CHISHOLM CORP OF VERO 4,744.55 340 109 06/02/2016 STEWART MATERIALS INC 300.04 340 I 10 06/02/2016 AT&T Vv1 RELESS 3. l 5 340111 06/02/2016 DELTA SUPPLY CO 35.50 340112 06/02/2016 E-Z BREW COFFEE & BOTTLE WATER SVC 108.90 340113 06102.'20l6 GRAINGER 75.00 340114 06102/2016 KELLY TRACTOR CO 1,193.41 340115 06/02/2016 SAFETY KLEEN SYSTEMS l"NC 130.00 3401J6 06/02/2016 GAYLORD BROTHERS INC 207.07 340117 06/02/2016 HACH CO 142.00 340118 06/02!20] 6 KSM ENGINEERING & TESTING INC 90.00 340119 06/02/2016 HD SUPPLY WATERWORKS, LTD 1.835.30 340120 06/02/2016 DIVE RESCUE INTERNATIONAL INC 4,211.79 340121 06/02/2016 BFS RETAIL OPERATIONS LLC 498.64 340122 06/02/2016 XEROX CORP SUPPLIES 233.46 340123 06/02/2016 GOODYEAR AUTO SERVICE CENTER 4.526.1 2 340124 06/02/2016 ASPHALT RECYCLING INC 41 ,194.65

3

2

TRANS NBR DATE VENDOR AMOUNT 340125 06/02/2016 BAKER & TAYLOR INC 3.478.55 340126 06/02/2016 BARNEYS PUMP INC 1,477.18 340127 06/02/2016 MIDWEST TAPE LLC 1,433.92 340128 06/0212016 MWICORP 1,430.00 340129 06/02/2016 HlJDSON PUMP & EQUIPMENT 10588.00 340130 06102/2016 MlCROMARKETING LLC 86.88 340131 06/02/2016 K & M ELECTRIC SUPPLY 10.16 340132 06/02/2016 PST SERVICES INC 36,665.35 340133 06/02/2016 IJ\i1DIAN RIVER COUNTY HEALTH DEPT 125.00

-- 340134 06/02/20] 6 INDIAN RIVER COlJNTY HEALTH DEPT 250.00 340135 06/02/2016 INDIAN RIVER COUNTY HEALTH DEPT 250.00 340136 06/02/2016 fN1)1AN RIVER COUNTY HEALTH DEPT 250.00 340137 06/02/2016 CITY OF VERO BEACH 4,966.46 340138 06/02/2016 CHAPTER13TRUSTEE 368.38 340139 06/02/2016 INDIAN RIVER ALL FAB INC 1,668.70 340140 06/02/2016 UNITED STATES POSTAL SERVICE 20,000.00 340141 06/02/2016 PUBLIX SUPERMARKETS 14.95 340142 06/02/2016 ACUSHNET COMPANY 172.82 340143 06/02/2016 CULTURAL COUNCIL OF IRC 4,787-50 340144 06/02/2016 FLORIDA POWER Ai~ LIGHT 50,591.8] 340145 06/02/2016 FLORIDA POWER AND LIGHT 556.29 340146 06/02/2016 STATE ATTORNEY 2,104.54 340147 06/02/2016 US KIDS GOLF LLC 257.02 340148 06/02/20]6 JASON E BRO-WN 1,251.29 340149 06/02/2016 ALAN C KAUFFMANN 75.00 340150 06/02/2016 THE FLORIDA BAR 305.00 340151 06/02/2016 BLUE CROSS BLUE SHIELD 387.03 340152 06/02/2016 RANGELINE TAPPING SERVICES INC 9,730.00 340153 06/02/2016 THE PROFESSIONAL GOLFERS 570.00 340154 06/02/2016 HUMANA 136.00 340155 06/02/2016 HAYTH,HAYTH & LANDAU 125.00 340156 06/02/2016 THE PALMS AT VERO BEACH 500.00 340157 06/02/2016 RUSSELL PAYNE INC 526.26 340158 06/02/2016 TRANE US INC 19,842.00 340159 06/02/2016 CELlCO PARTNERSHIP 229.44 340160 06/02/2016 CHAMPVA CENTER 103.13 340161 06/02/2016 SNLINC 490.00 340162 06/02/2016 ALAN HILL 65.29 340163 06/02/2016 FRA1'17<. BLAKE 500.00 340164 06/02/2016 JOHNS EASTERN COMPANY INC 48,696.38 340165 06102/2016 CENTRAL PUMP & SUPPLY INC 101.25 340166 06/02/2016 MASTELLER & MOLER INC 29,859.00 340167 06/02/2016 ETR LLC 137.05 340168 06/02/2016 ADMJN FOR CHILD SUPPORT ENFORCEMENT 180.00 340169 06/02/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 243 .24 340170 06/02/20]6 ADMIN FOR CHILD SUPPORT ENFORCEMENT 246.54 340171 06/02/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 137.56 340172 06/02/2016 PROFESSIONAL PAVEMENT PRODUCTS. INC 1,332.07 340173 06/02/2016 SMITHS DETECTION INC l ,700.00 340174 06/02.12016 GARY L EMBREY 50.00 340175 06/02/2016 SHA1','NON STAFFORD 50.00 340176 06/02/2016 LOCQUJAO, HARVEY & CRIZELDA 32.10 340177 06/02/2016 ORCHID ISLAND PROPERTY MGMT 11 INC 1,700.00 340178 06/02/2016 DASJ-LAWNA LOCKETT 50.00 3401 79 06/02/2016 :MUNICIPAL WATER WORKS INC 54,393.00 340180 06102/2016 MOORE MEDICAL LLC 880.61 340181 06/02/2016 CEMEX 1,071.72 340182 06/02/20 16 KATlll"EEN P DOUGHERTY 30.00 340183 06/02/2016 RENAE CHANDLER 30.00 340184 06/02/2016 TREASURE COAST FOOD BA1',1K INC 265.22

4

3

TRANS NBR DATE VENDOR AMOUNT 340185 06/02/2016 TREASURE COAST ELEMENTARY 272.00 340186 06/02/2016 K'S COMMERCLA..L CLEANING 16,954.08 340187 06/02/2016 NICOLA CE M.AJUCETING INC 973 .00 340188 06/02/2016 FLORIDA MEDICAID 227 .50 340189 06/02/2016 S}i'YDER PLUMBING OF THE TREASURE COAST INC IJ92 00 340190 06/02/2016 LAURIE GOLDSTEIN PA 391.04 340191 06/0212016 CIVILSURV DESIGN GROUP INC 1,404.00 340192 06/02/2016 WOERNER DEVELOPiv1ENT INC 82.50 340193 06/02/2016 ECMC 241.92 340194 06/02/2016 YOlTRAQUA INSTRUCTOR LLC 90.00 340195 06/02/2016 PJCTOMETRY INTERNATIONAL CORPORATION 550.00 340196 06102/20] 6 TREKKER TRACTOR LLC 50.27 340197 06/02/2016 LIBERTY MAGNET ELEMENTARY SCHOOL 9.00 340198 06/02/2016 HEATHER HATTON 40.00 340199 06/02/2016 MOORE MOTORS 589.85 340200 06/02/2016 ALTERATIONS BLESSED 144.00 340201 06/02/2016 REPROGRAPHJC SOLUTIONS INC 22.32 340202 06/0212016 LOWES HO:ME CENTERS INC 1,364.93 340203 06/02/2016 LABOR READY SOUTHEAST INC 16,442.40 340204 06/02/2016 EMILY K DIMATTEO 40.00 340205 06/02/2016 BURNETT LIME CO INC 6,427.40 340206 06/02/2016 BURNETT LIME CO INC 714.00 340207 06/02/2016 PENGUIN RA.NDOM HOUSE LLC 123.75 340208 06/02/2016 STRAIGHT OAK LLC 122.88 340209 06/02/2016 RYAN HERCO PRODUCTS CORP 970.31 340210 06/02/2016 CHEMTRADE CHEMICALS CORPORTATION 1.824.57 340211 06/02/2016 SAMBAHOLDINGS INC 449.12 340212 06/02/2016 BRUCE SABOL 50.00 340213 06/02/2016 FAMILY SUPPORT REGISTRY 156.45 3402)4 06/02/20)6 BOSTON BARRICADE COMPANY INC 37,000.01 340215 06/02/2016 CARA COBB 30.00 340216 06/02/2016 KESSLER CONSULTING lNC 1,327.50 340217 06/02/2016 BERNARD EGAN & COJ\.1PANY 1,778.92 340218 06/02/2016 SYUVJA MILLER 315.00 340219 06/02/201 6 HAWKINS INC 5,676.75 340220 06/02/2016 THE TR..A.NSIT GROUP INC 6,770.93 340221 06/02/2016 ENCORE ONE LLC 2,271.86 340222 06/02/2016 LONGHORN LANDSCAPING AND SOD LLC 1,539.00 340223 06/02/2016 LINDA WALL 60.00 340224 06/02/2016 JOSEPH DIZ01'<'NO 75.00 340225 06/02/2016 GENUINE PARTS COMPANY 433 .65 340226 06/02/2016 MOLINA HEALTHCARE MEDICAID 1,610 97 340227 06/02/2016 RED THE UNIFORM TAILOR 584.66 340228 06/02/2016 ENTERPRISE RECOVERY SYSTEMS INC 3 12.89 340229 06/02/2016 UNIFIRST CORPORATION 591.94 340230 06/02/2016 STEARNS, CONRAD AND SCHMIDT 6,694.11 340231 06/02/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 492.65 340232 06/02/2016 SITEOl\1E. LANDSCAPE SUPPLY LLC 203.98 340233 06/02/2016 ADVANCE STORES COMPANY INCORPORATED 1,339.86 340234 06/02/2016 DENISE GILLESPIE 30.00 340235 06/02/2016 EGP DOCUMENT SOLUTIONS LLC 431.21 340236 06/02/2016 NORTH AMERICAN OFFICE SOLUTJONS INC 25 .00 340237 06/02/2016 ITALAFELL 10.00 340238 06/02/2016 FLORIDA EAST COAST HOLDINGS CORP 8,224.60 340239 06/02/2016 NWI RECYCLING INC 16,880.00 340240 06/02/2016 DAVID CHECCHI 30.00 340241 06/02/2016 SARAH GRADOLPH 110.00 340242 06/02/20] 6 J:Nl)IAN RIVER ACADEMY 7 02 340243 06/02/2016 BROOKDALE SENIOR LIVING 2.360.00 340244 06.102/2016 ROSALBA CRUZ 314. 15

5

4

TRANS NBR DATE VENDOR AMOUNT 340245 06/02/2016 LOUISE HAYES-JAIN 200.00 340246 06/02/20] 6 JAMES E GOETT 189.96 340247 06/02/2016 EUROP ASSISTANCE USA 542.80 340248 06/02/2016 COVENTRY COMMERCIAL 452.48 340249 06/02/2016 HANS C CHRISTENSEN 368.60 340250 06/02/2016 POLLY BARTLETT 112.14 340251 06/02/2016 SKYLARUSH 100.00 340252 06/02/20i 6 US LEGAL SUPPORT INC 32 1.60 340253 06/02/2016 TREASURE COAST KENNEL CLUB 78.6 ] ~_;40254 06/02/2016 WJJCHAEL T MOSEL 101.36 340255 06102/2016 ENGLAND ENTERPRISES TRAJNING DTVISION LLC 495.00 340256 06/02/2016 UNIVERSITY OF FLORIDA 550.00 340257 06/02/2016 RENAISSANCE ORLAJ\,'DO RESORT 258.00

Grand Total: 708,921.68

6 5

ELECTRONIC PAYMENT - VISA CARD

TRANS.NBR DATE VENDOR AMOUNT 1009089 05/27/2016 AT&T 12,996.00 1009090 05/27/20] 6 OFFICE DEPOT BSD CUSTOMER SVC 1,105.95 1009091 05/27/2016 COMCAST 83.81 1009092 05/27/2016 BRIDGESTONE GOLF INC 1.960.90 1009093 05/31/2016 AT&T 238.94 1009094 05/3li2016 EVERGLADES FARM EQUIPMENT CO INC 373.54 1009095 05/31/2016 COMMUNICATIONS INTERNATJONAL 4,315.38 1009096 05/31 /20]6 HENRY SCHEIN INC 831.34 1009097 05/31/2016 COLD AIR DISTRIBUTORS WAREHOUSE 171.48 1009098 05/31/2016 DAVIDSON TITLES INC 769.28 1009099 05131/2016 APPLE INDUSTRIAL SUPPLY CO 1,329.49 1009100 05/31/2016 GALLSLLC 1,3 l 8.62 1009101 05/31/2016 ALLIED UNIVERSAL CORP 8,250.64 1009102 05/31/2016 GROVE WELDERS INC 93.75 I 009103 05/31/2016 FIRST HOSPITAL LABORATORIES INC 258.00 1009104 05/31/2016 FERGUSON ENTERPRISES INC 1,879.77 1009105 05/31/2016 COMO OIL COJ\1PANY OF FLORIDA 52.34 1009106 05/31/2016 COMPLETE ELECTRIC INC 9,950.00 1009107 05/31/2016 MIDWEST MOTOR SUPPLY CO 915.81 ]009108 05/31/2016 CAPITAL OFFICE PRODUCTS 235.15 1009109 05/31/2016 CONSOLIDATED ELECTRJCAL DISTRIBUTORS INC 688.27 l 009110 05/31/2016 BENNETT AUTO SUPPLY lNC 39.95 l 009111 05/31/2016 WRlGHT FASTENER COMPANY LLC 211.00 ]009112 05/31/2016 HORIZON DISTRIBUTORS INC 560.00 1009113 06/01/2016 PRAXAIR DISTRIBUTION SOUTHEAST LLC 272.43 1009114 06/01/2016 SSES INC 722.00 1009115 06/01/2016 COPYCO INC 27 .74 1009116 06/01/2016 NORTH SOUTH SUPPLY INC 77 .38 ]009117 06/01/2016 MIKES GARAGE & WRECKER SERVICE INC 210.00 1009118 06/01/2016 WATER SAFETY PRODUCTS INC I ,955 .04 1009119 06/01/2016 NEW'MANS POWER SYSTEMS 100.00 1009120 06/0J/2016 SOUTHERN COMPUTER WAREHOUSE 470. 10 1009121 06/01/2016 RECHTJEN INTERNATIONAL TRUCKS 360.40 1009122 06/01/2016 SYNAGRO-WWT INC 22,133.22 1()09123 06/0J /2016 SOUTHERN JANITOR SUPPLY INC 2,025.45 .l 009124 06/01/2016 .METRO FIRE PROTECTION SERVICES INC 438.00 1009125 06/01/201 6 PIONEER MANUFACTURJNG 840.00 ]009126 06/01/2016 PACE ANALYTICAL SERVJCES INC 8,698.00 1009127 06/01/2016 SCRIPPS J:\TP OPERATING LLC J.412.30 1009128 06/01/2016 ALLIED DIVERSIFIED OF VERO BEACH LLC 220.00

Graod Total: 88,591.47

7

ELECTRONIC PAYMENTS - WIRE & ACH

TRANS NBR DATE VENDOR AMOUNT 4361 05/27/2016 1 RC HEALTH INSURANCE • TRUST 64,944.74 4362 05/27/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,138.85 4363 05/27/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5,238.27 4364 05/27/2016 MUTUAL OF OMAHA 1,945.00 4365 05/27/2016 HEALTH ADVOCATE 367.95 4366 05/27/2016 WAGEWORKS INC 73.59 4367 05/27/2016 CDM SMITH INC 18,268.78 4368 05/27/2016 KIMLEY HORN & ASSOC INC 627.50 4369 05/27/2016 R W WILSON AND ASSOCIATES LLC 4,090.00 4370 05/27/2016 CE R SIGNATURE CLEANING 5,000.00 4371 05/27/2016 KERNS CONSTRUCTION & PROPERTY 150,659.15 4372 05/27/2016 INDIAN RIVER COUNTY SHERIFF 1,540.00 4373 05/31/2016 CLERK OF CIRCUIT COURT 75,000.08 4374 05/31/2016 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 84,495.82 4375 05/31/2016 INDIAN RIVER COUNTY SHERIFF 3,399,085.93 4376 06/01/2016 JOSEPH G MILLER 1,000.00 4377 06/01/2016 AGENCY FOR HEALTH CARE AD MIN 13,173.89

Grand Total: 3,836,649.55

8

Date:

To:

Thru:

Thru:

From:

June 7, 2016

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 ~--

Bela Nagy, Sandridge Golf Professional 7

CONSENT AGENDA

( }~ ( ,.,,, ..

Subject: Approval of Bid Award for IRC Bid No. 2016040 - Dunes Course Golf Cart Concrete Path Repairs

BACKGROUND: Sandridge Golf Course requested the solicitation of bids for improvements to concrete cart paths. The proposed work includes repair to damaged sections of existing path and some sections of new paving.

BID RESULTS: Bid Opening Date: Advertising Date: Demandstar Broadcast to: Specifications/Plans Downloaded by: Replies:

Bidder Santa Cruz Construction SRS Services Tagarelli Construction Excel 4 LLC Sunshine Land Design Stillwater Construction

May 27, 2016 April 27, 2016 564 Subscribers 21 Vendors 6 Vendors

Location Merritt Island, FL · Brooksville, FL Tarpon Springs, FL

Kissimmee, FL Stuart, FL Malabar, FL

Base Bid Price $226,375.18 $99,999.00

$118,590.50 $135,605.00 $151,500.00 $109,800;00

All of the bidders were asked to bid or. the entire Dunes Course concrete path project and itemize the costs associated for eleven different sections on the golf course to allow County to adjust the scope of work based on budgetary constraints. After taking out items #5 (Dunes Hole #7) and #10 (Dunes Hole #17), SRS Services still remained the low bidder at $77,026.10. SRS Services also indicated on their bid that they would complete the project 30 days after receipt of "Notice to Proceed".

F:\Assistant County Administrator\AGENDA lTEMS\2016\BCC 06 JUNE 2016\BCC Memo -Approval ofBid Award for 2016040 - Dunes Course Golf Cart Concrete Path Repairs.doc

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SRS Services has not worked for the County previously, but did provide references upon request, which were contacted by the Purchasing Division.

SRS Services has provided all required and requested insurance documents, which have been approved by Risk Management. Their required licenses are also in good standing. Based upon the information available, staff considers SRS Services to be the lowest responsive and responsible bidder.

FUNDING: Funding in the amount of $77,026.10 is available in the Golf Course Maintenance, Landscape Account.

.. , ·,,.: Account Number . · Account Description . ·, -;:. ' •' • Budget Amount

41822172-035340 Golf Course Maintenance -Landscape $77,026.10

RECOMMENDATION: Staff recommends the Board approve award to the lowest responsive and responsible bidder, SRS Services for $77,026.10 and authorize the Chairman to execute the attached agreement upon review and approval by the County Attorney as to form and legal sufficiency.

ATTACHMENTS: Sample Agreement

DISTRIBUTION:

Approved Agenda Item

BY:

FOR:

Joseph A. Baird County Administrator

Ii /

Indian River County Approved Date

Administration

County Attorney Budget Department

Risk Management

F:\Assistant County AdministratoMGENDA ITEMS\2016\BCC 06 JUNE 2016\BCC Memo - Approval of Bid Award for 2016040 - Dunes Course Golf Cart Concrete Path Repairs.doc

10

SAMPLE AGREEMENT 2016040 - Cart Path Repairs

Agreement

THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER)

and __________________________________ _

(hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1-WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Miscellaneous cart path repairs and improvements at Sandridge Golf Course.

ARTICLE 2 · THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Project Name: Bid Number: Project Address:

ARTICLE 3 - CONTRACT TIMES

3 .01 Time of the Essence

Dunes Course Golf Cart Concrete Path Repairs 2016040 Sandridge Golf Club 5300 73rd Street Vero Beach, FL 32967

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Contract.

3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date

when the Contract Times commence to run.

3.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a

Page 22 of 31

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penalty}, CONTRACTOR shall pay OWNER $958.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment.

ARTICLE 4 • CONTRACT PRICE

4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below:

A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.

B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:

Numerical Amount:$ _____________ _

Written Amount:

ARTICLE 5 - PAYMENT PROCEDURES

5.01 Progress Payments.

A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 213;70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent {5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8){b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent {50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents.

5.02 Pay Requests.

A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735{8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retain age held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by

Page 23 of 31

12


the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request.

5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines.

5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a

release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitat ion to Bid or the Public Construction Bond.

ARTICLE 6 - INDEMNIFICATION

6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract.

ARTICLE 7 • CONTRACTOR'S REPRESENTATIONS

7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents.

B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local l aws and Regulations that may affect cost, progress, and performance of the Work.

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13


D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto.

E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.

G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 8-CONTRACT DOCUMENTS

8.01 Contents A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to L inclusive);

2. Notice to Proceed

3. Certificate of Liability Insurance

4. Addenda (numbers_ to_, inclusive);

5. CONTRACTOR'S Bid Form (pages_ to_ of_, inclusive);

6. Bid Bond (pages_ inclusive);

7. Affidavit of Compliance (page _ of_);

Page 25 of 31

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8. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 to 19, inclusive);

9. Public Construction Bond

10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

a) Written Amendments;

b) Work Change Directives;

c) Change Order(s).

ARTICLE 9- MISCELLANEOUS

9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.

9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on

another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal

representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.05 Venue

A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida.

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9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall:

(1) Keep and maintain public records required by the County to perform the service.

(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law.

(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County.

(4} Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County.

B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

(772) 226-1424

pu blicrecords@i rcgov. com Indian River County Office of the County Attorney

1801 27th Street Vero Beach, FL 32960

C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement.

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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf.

This Agreement will be effective on -----~ 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).

OWNER:

INDIAN RIVER COUNTY

By: ____________ _

Bob Solari, Chairman

By: ____________ _


APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

~-__./ By: _,........ ____________ _

~d, County Attorney

Jeffrey R. Smith, Clerk of Court and Comptroller

Attest: _____________ _

Deputy Clerk {SEAL)

Designated Representative: Name: Bela Nagy Title: Director of Golf Sandridge Golf Club 5300 73rd Street

Vero Beach, FL 32967 (772) 770-5003 Facsimile: (772) 770-5109

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CONTRACTOR:

By: _______________ _

(Contractor)

(CORPORATE SEAL)

Attest _______________ _

Address for giving notices:

License No. _____________ _

(Where applicable)

Agent for service of process: _______ _

Designated Representative: Name: _____________ _ Title: _____________ _

Address:

Phone: ____________ _ Facsimile: ____________ _

(If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.)

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INDIAN RIVER COUNTY

OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION

CONSENT AGENDA

v(i 01._,I

DATE: June 3, 2016

TO: BOARD OF COUNTY COMMISSIONERS

THROUGH: Joseph A. Baird, County Administrator

Mike Smykowski, Budget Director it1, 5 FROM: Jennifer Hyde, Purchasing Managerf'

SUBJECT: Award of Bid 2016038 - Secondary Containment Coating at the South County RO Facility

BACKGROUND:

The Department of Utility Services requested the solicitation of sealed bids for the application of coatings to protect the four concrete secondary containment areas at the South County RO Facility located at 1550 9th Street SW. This work is necessary to ensure the longevity of the containment areas.

BID RESULTS: Bid Opening Date: Advertising Date: Demandstar Broadcast to: Specifications/Plans Downloaded by: Replies:

Bidder

Southland Painting Corporation

E&D Contracting Services, Inc.

Crom, LLC

April 21, 2016 March 25, 2016 266 Subscribers 22 Vendors 3 Vendors

Location

Fort Lauderdale

Savannah, GA

Gainesville

Base &id

$81,334.00

$160,650.00 N/A*

*Crom LLC's bid was determined non-responsive for failure to acknowledge addendum #1.

ANALYSIS:

The Department of Utility Services has reviewed the responsive bid and has recommended award to the lowest responsive and responsible bidder, Southland Painting Corp. fo r the total contract amount of $81,334.00.

SOURCE OF FUNDS:

Funding in the amount of $81,334.00 is available in the Renewal and Replacement account in the Operating Fund, which is derived from sewer and water revenues.

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CONSENT AGENDA

Account Number Account Description Budget Amount

47123536-044699-16518 Operating Fund/R&R/South R/O Chemical $81,334.00

Containment Area

RECOMMENDATION: Staff recommends the Board award Bid 2016038 to Southland Painting Corp. Staff further recommends the Board approve the attached agreement and authorize the Chairman to execute it upon: review and approval by the County Attorney as to form and legal sufficiency and the review and approval of the required insurance by Risk Management.

Attachment: Agreement

APPROVED AGENDA ITEM

BY: Indian River Co

Admin

Legal

Budget

FOR: June 14 2016 Department

Risk

19

Agreement

THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Southland Painting Corporation (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 - WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows:

Secondary Containment Coating at South County RO Facility

ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Project Name: Bid Number: Project Address:

ARTICLE 3 -CONTRACT TIMES

3.01 Time of the Essence

Secondary Containment Coating at South County RO Facility 2016038 South County RO 1550 9th Street SW Vero Beach, FL 32962

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Contract.

3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment

A. The Work will be completed and ready for final payment on or before t he 90th day after the date when the Contract Times commence to run.

3.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence ofthis Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the act ual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall

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pay OWNER $1,148.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment.

ARTICLE 4 - CONTRACT PRICE

4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below:

A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.

B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:

Numerical Amount:$ $81,334.00

Written Amount: Eighty-one thousand, three hundred thirty four dollars and zero cents

ARTICLE 5 - PAYMENT PROCEDURES

5.01 Progress Payments.

A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218. 70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents.

5.02 Pay Requests.

A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or

2

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the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c){2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%} after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request.

5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines.

5.04 Acceptance of Final Payment as Release.

A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond.

ARTICLE 6 - INDEMNIFICATION

6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract.

ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS

7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and t he other related data identified in the Invitation to Bid documents.

B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, iocal, and Site conditions that may affect cost, progress, and performance of the Work.

C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance ofthe Work.

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D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto.

E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.

G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 8- CONTRACT DOCUMENTS

8.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to Z, inclusive);

2. Certificates of Liability Insurance;

4. Invitation to Bid 2016038;

5. Addendum number 1;

6. CONTRACTOR'S entire Response to Invitation to Bid (including Bid Form, Affidavit of Compliance, and Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships)

7. Coating Manufacturer Specification

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8. Coating Manufacturer's Warranty

9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

a) Written Amendments;

b) Work Change Directives;

c) Change Order{s).

ARTICLE 9 - MISCELLANEOUS

9.01 Terms

A. Terms used in this Agreement will have the meanings indicated in t he Invitation to Bid.

9.02 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the contrary in any written consent to an assignment , no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.05 Venue

A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in t he United States District Court for the Southern District of Florida.

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9.06 Public Records Compliance

A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall:

(1) Keep and maintain public records required by the County to perform the service.

(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law.

(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County.

(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County.

B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

(772) 226-1424

[email protected]

Indian River County Office of the County Attorney 1801 27th Street

Vero Beach, FL 32960

C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement.

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf.

6

.25

This Agreement will be effective on _____ _, 20_ (the date the Contract is approved by the

Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).

OWNER:

INDIAN RIVER COUNTY

By:. ____________ _


By: ____________ _


tlFFlCIENCY:

Jeffrey R. Smith, Clerk of Court and Comptroller

Attest: _____________ _

Deputy Clerk (SEAL)

Designated Representative:

Name: Michael Vernon Title: South RO Plant Superintendent Indian River County Utilities

1801 27th Street

Vero Beach, FL 32960 (772) 226-3423

7

CONTRACTOR:

By:----------------(Contractor)

(CORPORATE SEAL)

Attest _____________ __ _

Address for giving notices:

License No. _____________ _

(Where applicable)

Agent for service of process: _______ _

Designated Representative: Name: _____________ _

Title: _____________ _

Address:

P"1one: ____________ _

(If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.)

.26

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 1801 27th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562

' co,NSENT

TO: Joseph A. Baird, County Administrator

THROUGH: Richard B. Szpyrka, P.E., Public Works Director @

FROM: W. Keith Mccully, P. E., Stormwater Engineer uJft.{ SUBJECT: APPROVAL OF SOUTHERN REGION SUSTAINABLE AGRICULTURE

RESEARCH AND EDUCATION (SARE) 2017 RESEARCH AND EDUCATION GRANT PRE-PROPOSAL PARTNERSHIP

DATE: May 26, 2016

DESCRIPTION AND CONDITIONS

Stormwater Division has been approached by Grow for Change, a 501 (c)(3) nonprofit corporation, to partner with it in a Southern Region Sustainable Agriculture Research and Education (SARE) 2017 Research and Education Grant Pre-Proposal Application. The other partner in the application is Van Ert-Nemoto and Associates, LLC (VEN), which is currently working with the County's Egret Marsh faci lity to produce and market compost made from the algae grown there. The purpose of this agenda item is to request the County Commission to approve partnership in the grant pre-proposal application and to provide algae at a lump sum cost if the grant is awarded. A summary of the grant's objectives from the SARE website and an abstract from the pre-proposal application follows.

Southern SARE Program Objective

The objective of the SARE program is to enable the full spectrum of farmers and ranchers to move profitably toward production systems compatible with the concept of sustainable agriculture. Specific objectives include:

• Promote good stewardship of the nation's natural resources by providing site specific and profitable sustainable farming and ranching methods that strengthen agricultural competitiveness; satisfy human food and fiber needs; maintain and enhance the

F:\Public Wor1<s\KeithM\Stormwater Projects\Egret Marsh Operation\Agenda ltems\Agenda - Consent - SARE Grant Partnership.doc

27

Page 2 SARE Grant Partnership BCC Meeting -June 14, 2016-CONSENT May 26, 2016

quality and productivity of the soil; conserve soil, water, energy, natural resources, and fish and wildlife habitat; protect endangered species; and maintain and improve the quality of surface and groundwater;

• Protect the health and safety of persons involved in the food/farm system;

• Enhance the quality of life for farmers/ranchers and society as a whole, in part by increasing income and employment - especially profitable self-employment opportunities in agriculture and rural communities. Specifically, a major goal is to strengthen the family farm system of agriculture, a system characterized by smalland moderate-sized farms that are principally owner operated;

• Promote crop, livestock, and enterprise diversification and the well-being of animals,

• Strengthen rural communities by creating economic conditions, including valueadded products that foster locally owned business and employment opportunities, and;

• Address the needs and promote the success of limited resource, minority, and women farmers while advancing agricultural sustainability.

SARE Grant Per-Proposal Application Abstract

Central to sustainable agriculture is meaningful recycling of nutrients, such as nitrogen and phosphorus. When nutrients used as fertilizer are lost to the environment, they can become pollutants, often eliciting destructive algae blooms. This results in eutrophication, which can impair aquatic, estuarine and marine ecosystems. The environmental, social, and economic impacts of eutrophication are dramatic-as examples, in the Great Lakes, in subtropical lakes of Florida, and in coastal estuaries. We consider these escaped nutrients as rogue nutrients and as a lost resource that can be recovered and recycled.

One means of recovering and recycling rogue nutrients is through a new agricultural paradigm involving cultivation of aquatic plants, a technology known as Managed Aquatic Plant Systems or MAPS (HydroMentia, 2005). MAPS involves the production of select aquatic plant(s) through controlled delivery of nutrient polluted water, which serves as the sole nutrient source for the plant(s). These may be vascular plants, algae or a mix of both, and are cultivated within an engineered unit. Through frequent harvesting, the rogue nutrients are captured and recycled in the recovered plant biomass. The direct benefits of MAPS are two-fold - 1) water quality improvement through nutrient reduction and 2) recycling of nutrients to support other types of agriculture. Therefore, MAPS is both water treatment and agriculture, and may be seen as an agricultural solution to an agricultural problem.

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Page 3 SARE Grant Partnership BCC Meeting -June 14, 2016 - CONSENT May 26, 2016

Large scale MAPS water treatment units are in operation fn Florida, and are being investigated elsewhere in the country, such as the Chesapeake Bay Region, Falls Lake, NC and Corpus Christi Bay, Texas. Indian River County, Florida presently operates two MAPS facilities oriented around a technology known as the Algal Turf Scrubber® (www.ircstormwater.com/facilities.htm) which is a proprietary technology held by HydroMentia Technologies, LLC of Ocala, Florida (www.hydromentia.com). These facilities are providing required nutrient reduction within impaired surface waters, and the harvested algae is being composted and marketed locally under the name Lagoon Saver™(www.lagoonsaver.com; Van E1t i\Jemoto and Associates, LLC).

This algal compost has been shown by USDA (Albano et. al., 2010) to have a somewhat higher than desirable bulk density for potting soil, but nonetheless offers high levels of growth performance as a matrix for amendment mix. In addition, it has shown to be a standalone growth medium for the production of a wide range of vegetables and herbs (Van Ert, Nemoto and Associates, LLC's Farm). It is proposed that the compost be enhanced with bio-inoculants to increase its value as a soil for commercial farming (Sivasakthi et. al. 2014).

The project as proposed includes participation by Indian River County, which would provide operational services including harvesting and storing of algae from their existing MAPS, with Van Ert, Nemoto and Associates, LLC to process the algae and distribute the resulting compost to Grow for Change for final enhancement and distribution to the participating farms.

Indian River County's Role

The County's primary role if the grant is awarded will be to supply the nonlocal Grow for Change with up to 50 wet tons of algae from Egret Marsh Stormwater Park's algal turf scrubber. In return, the County will receive a lump sum payment of $50,000. In calendar year 2015, Egret Marsh produced over 1,400 wet tons of algae or an average 117 wet tons per month.

FUNDING

There is no specific funding required for this item.

RECOMMENDATION

Staff recommends the Board of County Commissioners approve partnership in the grant pre-proposal application and if the grant is awarded, provide up to 50 wet tons of algae from Egret Marsh Stormwater Park for a lump sum fee of $50,000.

F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Operation\Agenda ltems\Agenda - Consent - SARE Grant Partnership.doc .29

Page 4 SARE Grant Partnership BCC Meeting - June 14, 2016-CONSENT May 26, 2016

ATTACHMENTS

None


Indian River Coun

Administrator

Bud et

Le al 5-31, fb

Public Works

Stormwater Engineering '5-U-201.

F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Operation\Agenda ltems\Agenda - Consent-- SARE Grant Partnership.doc 30

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM


Richard B. Szpyrka, P.E., Public Works Directo@

James W. Ennis, P.E., PMP, County Engineer~

Vero Lake Estates Asphalt Millings Project (Phase II) Final Pay, Release of Retainage and Change Order No. 1

May 31, 2016


CONSENT

On July 14, 2015, the Indian River County Commissioners awarded Bid No. 2015039 for Vero Lake Estates Asphalt Millings (Phase II) to Dickerson Florida, Inc. in the amount of $658,734.65 as part of a prioritized list of roadway improvements recommended by the Vero Lake Estates advisory group and authorized the expenditure of Vero Lake Estates MSBU funds for the design, permitting, and construction of said improvements.

The project has been completed and Change Order No. 1 is intended to make final adjustments to the contract line items to increase the total contract by $9,629.54 for a final cost of $668,364.04. The additional cost was for swale grading to ensure proper drainage within the project limits which was not part of the original contract.

Dickerson Florida, Inc. has been paid $558,026.36 with $62,002.93 held in retainage. Dickerson Florida, Inc. has submitted Contractor's Application for Payment No. 7 in the amount of $110,337.68 for final payment and release of retainage. Once final release of liens from all Dickerson Florida, Inc. subcontractors have been received, payment will be processed.

FUNDING

Funding for the final payment is budgeted and available as follows:

Road & Bridge Petition Paving Materials Account No. 18521441-035510 Vero Lake Estates ($48,334.75) Road & Bridge Petition Paving Materials Account No. 185-206000 RETAINAGE - Vero Lake Estates ($62,002.93)

The total cost of the millings for Phase II is $668,364.04. In accordance with Board direction, 25% ($167,091.01) of Phase II costs will be reimbursed to the Vero Lake Estates MSBU (Fund 185) from Secondary Roads (Fund 109) now the project (Phase II) is complete.

F:\Public Works\ENGINEERING DIVISION PROJECTS\l 317-85th St Milling_9l st Ave to I 01st Ave\Adminlagenda items\BCC Agenda Final Pay, Release of Retainage and Change Order No. I .doc

31

Page 2

Vero Lake Estates Asphalt Millings Project (Phase II) - Final Pay, Release of Retainage & Change Order No. 1 For June 14, 2016 BCC Meeting

RECOMMENDATION

Staff recommends approval of Change Order No. 1 ad approval of Dickerson Florida, Inc. Contractor's Application for Payment No. 7, increasing the contract amount by $9,629.54 for a final contract total of $668,364.04.

ATTACHMENTS

1. Change Order No. 1 2. Dickerson Florida, Inc. Contractor's Application for Payment No. 7

DISTRIBUTION

Dickerson Florida, Inc. Will Scott, Superintendent Road & Bridge

Indian River County

APPROVED AGENDA ITEM Administration

Budget

Legal

Public Works

Engineering

F:IPublic Works\ENGINEERING DIVISION PROJECTS\1317-85th SI Mitling_91st Ave to 101st Ave\Admin\agenda items\BCC Agenda Final Pay, Release of Retainage and Change Order No. I .doc

31

SECTION 00942 - Change Order Form No. 1 - FINAL

DATE OF ISSUANCE: JUNE 141 2016 EFFECTIVE DATE: JUNE14, 2016

OWNER: Indian River County CONTRACTOR DICKERSON FLORIDA, INC. Project: Vero Lake Estates Asphalt Millings Project (Phase II) OWNER's Project No. 1317 OWNER'S Bid No. 2015039

You are directed to make the following changes in the Contract Documents:

Reason for Change Order:

The project is complete. This change order is intended to make final adjustments to bid line items in order to make final payment and release of retainage to the Contractor.

Attachments:

Description of Itemized Changes Work Change Directives 1, 2, 3, and 5

CHANGE IN CONTRACT PRICE: Descriotion Original Contract Price

Net increase of this Change Order:

Contract Price with all approved Change Orders:

ACCEPTED:

Date: . I. {(p

----- - --- - -------

CHANGE IN CONTRACT TIMES

Amount Descriotion Time $658,734.50 Original Contract Time: (days)

Substantial Completion: 120 Final Comoletion: 150

$9,629.54 Net increase (decrease) this Change Order: (days)


$668,364.04 Contract Time with all approved Change Orders: (days)


RECOMMENDED: APPROVED:

By: ENGINEER (Si nature)

Date: S '1/ / k,

By: OWNER (Signature}

Date:

. ---~---·------ .. - --•· "·'

00942 - Change Order No. • 00942-1

F:IPublleWorks\ENGINEERING DMSION PROJECTS\1317--8Slh StMilling_91•t Av&to 101st Ave\Admin\Chenga Order\00942 - Change Order No. ".doc Rev. 05/01

33

Item No.

283-1A

430-174-112A

430-964-121

700-20-40

110-7-1

570-1-2

WCD 1

WCD2

WCD3

WCDS

CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES

PROJECT NAME:VERO LAKE ESTATES ASPHALT MILLINGS PROJECT (PHASE II)

I.R.C. PROJECT NO. 1317 BID NO. 2015039

DescrloUon Unit Quantity Unit Price Price Increase

ASPHALT MILLINGS C6" SUBGRADE LBR40) (SHOULDER) SY 630 6.50

PIPE CULVERT C12"l ACMP LF 230 25.00

MITERED END SECTION (12") ACMP EA 7 525.00

SINGLE POST SIGN (STOPl <RELOCATE) EA 21 180.00

MAIBOX <RELOCATE) EA 31 60.00 1,860.00

PERFORMANCE TURF - SOD (BAHIA} (INCLUDES: TOP SOIL, FERTILIZER AND WATERING) SY 15 209 1.75 26,615.75

REVISE ELEVATIONS LS 1 1 900.00 1,900.00

12" ACMP N/S 85TH ST LS 1 6 000.00 6 000.00

REDUCE 6' STABILIZED SHOULDER SY 8,322 2.00

EXTRA GRADING LF 2 720 10.00 27 200.00

FORCE ACCOUNT LS 1 20,000.00

SUBTOTALS 63,575.75

Price Decrease

4 ,097.21

5 750.00

3 675.00

3,780.00

16 644.00

20,000.00

53,946.21

VERO LAKE ESTATES ASPHALT MILLINGS (PHASE II) TOT AL INCREASE $9,629.54

00310-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1317-B5th St Milling_91.st Ave to 101stAve\A.dmin\Change Order'ICO No. 1 D.escription of ltemiz.eel CMnges

34

SECTION 00948 - Work Change Directive

No. 01

DATE OF ISSUANCE: 10/21/15 EFFECTIVE DATE: 10/21/15

OWNER: Indian River County CONTRACTOR: Dickerson Florida Inc. Project: Vero Lake Estates Asphalt Millings Project (Phase II) Project No.: 1317 Bid No. 2015039

You are directed to proceed promptly with the following changes:

Description: Revise the current plan elevations to accommodate field conditions. Add 34-feet of 12-inch pipe and two 12-inch mitered ends to the project.

Purpose of Work Change Directive: Inspection of the existing drainage system has revealed that proposed culvert elevations will impeded the drainage system. As such, elevation changes at the attached locations and the replacement of an existing pipe is necessary.

Attachments: List of locations were elevation changes and pipe replacement are to take place.

If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents.

Method of determining change in Contract Prices

X Unit Prices • Lump Sum • Other: __ 0 By Change Order:

Method of determining change in Contract Times

0 Contractor's Records 0 Engineer's Records • Other: __ 0 By Change Order:

Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $1900.00

If the change involves an increase, the estimated amount is not to be exceeded without further authorization.

Substantial Completion: Q days; Ready for Final Completion: Q days. If the change involves an increase, the estimated time is not to be exceeded without further authorization.

APPROV;~ ,,., /

By: ~ OWNER (Signature)

Date: IO/ 2 I I 5 Date: Lo 27 I~

F:\Public Works\ENGINEERING DNISION PROJECTS\1317-85th St Milling_91 st Ave to 101 st Ave\Design\Work Change D[rectives\WCD #1\1317 -WCD #1 to Dickerson 102015.doc

35

TO:

FROM:

SUBJECT:

DATE:

Memorandum

INDIAN RlvER COUNTY, FLORIDA PUBLIC WORKS DEPARTMENT

Lany Dale, President, Dickerson Florida Inc.

Richard B. Szpyrka. P.E., Assistant Public Works Director

1317 - 85th Street Millings Project- Elevation Changes and Pipe Addition

October 21, 2015

At the following locations the plan elevation shall be deleted and the following elevations used for the construction of the driveway culverts.

9126- 85th Street Revise east invert of 18.27 to 17.50 Revise west invert of 18.29 to 17.60

9310 - 85th Street Remove existing culvert and install 24-feet of ACMP culvert and two MES. East invert 18.10. West invert of 18.20

9330- 85th Street Revise east invert of 18.47 to 18.30 Revise west invert of 18.47 to 18.30

9465 - 85th Street Install 30-feet of 12-inch ACMP at this location. Toe design plans show 20-feet to be installed.

36


No. 02


OWNER: Indian River County CONTRACTOR: Dickerson Florida Inc. Project Vero lake Estates Asphalt Millings Project (Phase I I} Project No.: 1317 Bid No. 2015039


Description: Install 120 If of 12" ACMP on the north side of 85th Street from Station 46+83 to 48+03. Install 120 If of 12» ACMP on the south side of 85th Street from Station 54+75 to 55+95.

Purpose of Work Change Directive: Inspection of the existing conditions shows that the slopes of the existing swale will not meet a 4: 1 slope in this area due to tlie depth of the existing swale

Attachments: Dickerson Florida Cost Estimate, Revised Plans with Culvert Locations



X Unit Prices • Lump Sum • Other: __ D By Change Order:


0 Contractor's Records D Engineer's Records • Other: _ _ 0 By Change Order:

Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $6,000



Date:

RECOMMENDED:

By: ENG NEER (Signature)

Date: /l tr Ir * * END OF SECTION * *

OWNER (Signature)

Date: /Z., loft<-

F:\Public Works\ENGINEERING DIVISION PROJECTS\1317-85th St Mll!ing_91 st Ave to 101st Ave\Design\Work Change Directives\WCD #2\ 1317 - WCD #2 to Dickerson 111915.doc 37

Vero Lake Estates Phase II Contractor: Dickerson Florida, Inc. Job: 3954 9-Nov-15 Work Item: Provide and Install 240 llneal feet of 12" ACMP pipe along with positive drainage from Station 48+80L to Station 48+00L (Approximately) and from Station 54+70L to Station 55+90LEstates II on 85th Street Dates:Novermber9,2015

JLABOR It Days IOuanl (HR) IHR Rate !Extension

Burden: 37.78% SO.DO Subtotal: S0.00

!EQUIPMENT I• Days/Each tauant (HR} IHR Rate IHrty Oper. ExpJExtension

Subtotal: $0.00

!SUBCONTRACTOR !Ouant !UoM Unit Price I Extension I

10 % Mark Up: S0.00

!MATERIAL· EXISTING LINE ITEM • 430-174-112A !Quant !UoM !Unit Price !Extension I 12.00- 12" ACMP Pipe Culvert 2•0 LF S25.00 S6,000.00

SUMMARY Labor

Equipment Subcontractor

Malarial

TOTAL

Total $0.00 $0.00 $0.00

S&,000.00

$8,000.00

$6,000.00

38

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30

SECTION 00948 -Work Change Directive

No. 03


OWNER: Indian River County CONTRACTOR: Dickerson Florida Inc. Project: Vero Lake Estates Asphalt Millings Project (Phase II) Project No.: 1317 Bid No. 2015039


Description: Reduce the proposed 6-foot stabilized shoulder on the entire project to 3-feet in width.

Purpose of Work Change Directive: Due to the existing drainage swale elevations/residences on a majority of the project, 6-foot stabilized shoulders will not allow for 4:1 slopes to be achieved. The reduction in the width of the proposed stabilized shoulders from 6-foot to 3-foot will address this issue.

Attachments: None



.X. Unit Prices {reduce pay item 160-4A by 8,322 SY) • Lump Sum 0 Other:.,..._ 0 By Change Order:



Estimated increase {decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $(16,644.00)



RECOMMENDED: APPROVED:,, A /

By: ENGi

Date:

* * END OF SECTION * *

. By: fp~ OWN R (Signature)

I I -Date: --z. / J I .S--

F:\Public Worl<s\ENGINEERING DIVISION PROJECTS\1317-85th St Milling_91 st Ave to 101st Ave\Design\Wotk Change Dlrectlves\WCD #3\1317 - WCD #3 to Dickerson 111915.doc

41


No. 05


OWNER: lndlan River County CONTRACTOR: Dickerson Florida Inc. Project Vero Lake Estates Asphalt Millings Project (Phase Ill Project No.: 1317 Bid No. 2016039


Description: Perform additional swale grading as necessary to ensure proper drainage.

Purpose of Work Change Directive: The construction drawings did not take into account the necessity to regrade the drainage swales along some sections of the roadway's due to the Installation of mlUings and shoulders. As such additional grading was required.

Attachments: Dickerson Letter dated April 1, 2016 outlining additional grading that was necessary.



0 _ Unit Prices JLLumpSum • Other: __ 0 By Change Order:

Method of determining change In Contract Times


Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $27,200.00


Substantial Completion: Q days; Ready for Final Completion: Q days. If the change involves an Increase, the estimated time is not to be exceeded without further authorization.

Date: Date: S /2. /6 Date: ..5. I "2

• ,. END OF SECTION * *

F:V'ublic Worlu\ENGINEERING DIVISION PROJECTS\1317-85th St Milling_91stAve lo 101st Ave\Design\Work Change Directives\WCD #5\1317 - WCD #5 to Dickerson 0502016.doc

41

April 1, 2016

Mr. Richard Szpyrka, P.E. Assistant Public Works Director Indian River County 1801 27th Street Vero Beach, FL 32960

• DICKERSON A OOMPANV OF THE DICKERSON GROUP

Sent via email

RE: Subject:

Vero Lake Estates Phase 2 - DFI #3996 Additional Grading

Dear Mr. Szpyrka:

The purpose of this letter Is a follow-up to our onsite meeting of March 17, 2016. As discussed,

Dickerson has incurred additional cost directly related to grading activities required by Indian River

County Engineering that was not reflected in the bid documents.

It Is evident by the stockpile of excavated material on the south side of 77th Street that there was

substantially more excavation than what was reflected by the summary of qua ntitles. The following

represents the areas where additional grading occurred:

85th Street 1200' extra grading $10.00 LF = $12,000 99th Court 220' extra grading $10.00 LF = $2200 100th Ave 300' extra grading $10.00 LF = $3000 100th Court 200' extra grading $10.00 LF = $2000 101st Ave 360' extra grading $10.00 LF = $3600 102nd Ave 440' extra grading $10.00 LF = $4400

Dickerson respectfully requests an additional $27,200.00 In payment for additional work required by

Indian River County that was not reflected in the bid documents.

We appreciate your review and approval of the additional cost.

Dickerson Florida, Inc. I P.O. Box 910, Ft Pierce, FL 34954-0910

43

To:

SECTION 00622 - Contractor's Application for Payment

Vero Lake Estates Asphalt Millings Project (Phase II)

Application for Payment No. z For Work Accomplished through the period of.April 1, 2016 through April 30, 2016.

INDIAN RIVER COUNTY From: DICKERSON FLORIDA INC (CONTRACTOR)

2015039 ~~t~~W~[Q)

Bid: Project: 1317

1) Attach detailed schedule and copies of all paid invoices.

1. 2. 3. 4. 5.

6. 7.

8.

Original Contract Price: Net change by Change Orders and Written Amendments(+ or-): Current Contract Price (1 plus 2): Total completed and stored to date: Retainage (per Agreement):

101 of completed Work: Q_% of retainage:

Total Retainage: Total completed and stored to date less retainage (4 minus 5): Less previous Application for Payments:

DUE THIS APPLICATION (6 MINUS 7):

MAY 2 4 2016

INDIAN RIVER COUNTY ENGINEERING DIVISION

$ 658,734.50 $ 0.00 $ 658,734.50 $ 668,364.04

$ 668,364.04 $ 0.00

$ 0.00 $ 668,364.04 $ 558,026.36

$ 110,337.68

** Attach detailed schedule of materials and copies of all invoices with lien releases

CONTRACTOR'S CERTIFICATION:

UNDER PENAL TY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER.

Attached to or submitted with this form are: 1. Signed relea_se of lien forms (partial or final as applicable) from all subcontractors, laborers,

materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included;

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Page 2 of 5

2. Updated Construction Schedule per Specification Section 01310, and

Dated May 20, 2016

STATE OF FLORIDA COUNTY OF ST LUCIE

By: TRACTOR - must be signed by cer of the Corporation)

Larry T Dale, President Print Name and Title

Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Larry T Dale , who being by me first duly sworn upon oath, says that he/she is t~e

_President___ of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this 2oth day of May , 20 16

__ Larry T Dale ________ _ is personally known to me or has produced _____________________ as identification.

NOTARY PUBLIC: ~ &4_ L--

Prir ted name: ____________ /

--•••.• -.,.-.... • •• •s-EL_ENA .. c .... o~e~wE:Y-----7 Commission No. : ____ ______ _ _ /f&~ ... ·~t\ CommissiOn #fF 962777

(SEAL)

i•: '· ' 1:1 e ires April 8, 2020 '.~,;-. ~~/ ~~...,.Tt,NTto~Falaln!urance800-385-70\9 .

Commission Expiration: ________ _ "• .. !1.~·f,t:,'?.·~~ Dl.'I~"

[The remainder of this page was left blank intentionally]

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Page 3 of 5

SURETY'S CONSENT OF PAYMENT TO CONTRACTOR:

The Surety, Travelers Casualty and Surety Company of America

________________________________ ,a

corporation, in accordance with Public Construction Bond Number 106269172 hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT.

TO BE EXECUTED BY CORPORATE SURETY:

VfZ~~~ Secretary

STATE OF North Carolina COUNTY OF Buncombe

Travelers Casualty and Surety Company of America Corporate Surety One Tower Square Hartford CT 06183

:~:fies~ fl}J Print Name:Karet{ K.Bear Title: Attorney-in-Fact and Florida Licensed Agent

(Affix Corporate SEAL)

Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Karen K. Beard , to me we 11 kn o w n o r who pro d u c e d

NI A as identification, who being by me. first duly sworn upon oath, says that he/she is the Attorney-in-Fact for Travelers Casualty and Surety Company of America and that he/she has been authorized by Travelers Casualty and Surety Company of America to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this 20th day of

May , 20 .1§__ . V J ••\\\\\\1UUJ11114, ,- ,. 1.---- (h . "'° Y. l:1 1*~ lc,MA, ~ L-- ~~••°"••t~~

•• T • .;:!: Notary Public, State ofNorth Carolina t~·07 Afbg;•;

.. 0

My Commission Expires: March 15 2020 , : - • -- :l . ~~ ~ : b,• .. ::'-ISL?.~0•~

~ -ia; ···-••"_'.:rl• ***************************************************************~).-~~

.. ,11111mmm [The remainder of this page was left blank intentionally]

3996-7R 00622 -3

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46

Aal,.

WARNING: THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE RED BORDER

POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company

Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company

Attorney-In Fact No. 223206

St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company

Certificate No. 006268779

KNOW ALL MEN BY THESE PRESENTS: That Fannington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Undeiwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies_do hereby make, constitute and appoint

Karen K. Beard

of the City of Asheville , State of N Orth Carolina , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their pusiness of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this _____ I_7_th _ _ __ _ da f February 2015 yo----------•----·

State of Connecticut City of Hartford ss.

Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company

By:

St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company

On this the 17th

day of February 20 15 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

In Witness Whereof, I hereunto set my hand and official seal. My Commission expires tbe 30th day of June, 2016.

58440-8-12 Printed in U.S.A.

'-Marie C. Tetreault, Notary Public

WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER

.... ,

Page 5 of 5

ATTACHMENT A

1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary):

2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not .. included (attach additional pages as necessary):

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SCHEDULED VALIJE

Pay Application Spraadshaet for

IRC Project No. _1317_

if.1111 Item No. !Description Unllj Quantity Unit Price I Amount

] PR'Ell!CUS APP~iJcA]'ION _H QUANTITY TOTAL QUA_i.l_fl!fj TOTAL

~ iffi'AL GOll!P!..ETED ! QUANTITY I TOTAL

j: % j MATERIALsJ[ . ... _BALANCE TO FINISH l rsroREDl [ gQ_~rry_ j TOTAL l

101-1 MOBILIZATION LS 102-1 MAINTENANCE OF TRAFFIC LS 1041 EROSION & WATER POLLUTION CONTROL LS 110 11 CLEARING & GRUBBING LS 11071 RELOCATE MAILBOX EA 1201 REGULAR EXCAVATION LS 12061 EMBANKMENT LS 1604 ITYPE B STABILIZATION-12" SUBGRAOE LBR 40 SY 160 4A )TYPE B STABILIZATION-6" SUBGRADE LBR 40 {SHOULDER) lsY 2831 IASPH MILLING 8" 1rwo LIFTS) lsY 2831A IASPH MILLING 6'' [ONE LIFT) ISY

43017411i.ol12" ACMP PIPE CULVERT ILF 430 174 112ij 12" RCP PIPE CULVERT JLF

430 174115 115" RCP PIPE CULVERT ILF 430 984121 570 1 2

700 2040

801 803

, 1803

WCD#1

WC0#2

WCD#3

WC0#4

WCD#5

,Iii,. \Cl

12"ACMP MES EA PERFORMANCE TURF, SOD (BAHIA) SY

REL SGL POST SIGN (STOP) EA TRENCH SAFETY COMP OVER 5' LS TRENCH SAFETY COMP SHORING LS PUBLIC CONSTRUCTION BONO LS

SUBTOTAL . , .

IFORCE ACCOUNT LS

REVISE ELEVATIONS LS

12" ACMP-N/S 85th Street LS

REDUCE 6' STABILIZED SHOULDER LS

DELETE DRIVEWAY PIPE REPLACEMENT LS

EXTRA GRADING LF

,·. ·,, '· :1

GRAND TOTAL

1.001 100,000,00 100,000.00 1.00 100,000.00 0.00 1.00 100,000.00 100% 1.001 5,000.00 5.000.00 1.00 s,ooo.co 0.00 1.00 5,000.QO 100% 1.col 1s,ooo,oo 15,000.00 1.00 15,000.00 0.00 1.00 15,000.00 100% 1.001 15,000,00 15,000.00 1.00 15,000.00 0.00 1.00 15,000.00 100%

146.ooll so.oo 8,760.00 177.00 10.620.00 0.00 177,00 10,620.00 121% 1.00 20,000,00 20,000.00 1.00 20,000.00 0.00 1.00 20,000.00 100% 1.00 30,000.00 30,000.00 1.00 30,000.00 0.00 1.00 30,000.00 100%

33.472.00 66,944.00 2.00 33.472.00 66,944.00 0.00 33.472.00 66,944.00 100% 16.644.0~ 2.00 33.288.00 8.322.00 16,644.00 0.00 8,322.00 16,644.00 50% 31,650.0ci 6.50 205,725.00 31,650.00 205,725.00 0.00 31,650.00 205,725.00 100%

1,a4s.ooi 6.50 12,018.50 1,218.66 7,921.29 0.00 1.218.66 7,921.29 66% 1.a80.ool 25.00 47.000.00 1.650.00 41,250.00 0.00 1,650.00 41,250.00 08%

24.00 50.00 1,200.00 24.00 1,200,00 0.00 24.00 1,200.00 100% 216.00 50.00 10,800.00 216,00 10,800.00 0.00 216.00 10,800.00 100%

56.00 525.00 29.400.00 49.00 25,725.00 0.00 49.00 25.725.00 88% 16,468.00 1.75 28,819.00 19.600.00 34.300.00 12,077.00 21 ,134.75 31,677.00 55,434.75 192%

21.00 180.00 3,780.00 0.00 0.00 0.00 0.00 0.00 0% 1.00 500.00 500.00 1.00 500.00 0.00 1.00 500.00 100% 1.00 500.00 500.00 1.00 500.00 0.00 1.00 500.00 100% 1.00 5,000.00 5,000.00 1.00 5,000.00 0,00 1.00 5,000.00 100%

SUBTOTAL II 638,734.50 612.,129.29 I II 21,134.75 lj s33,2s4.o4 I II -~ . . . , " ' .

1 31,744.00 31 ,744.00 0.00 0,00 0.00 0.00 0.00 0%

1 1 900.00 1 900.00 1.00 1 900.00 0.00 1.00 1 900.00 100%

1 6,000.00 6 000.00 1.00 6,000.00 0,00 1.00 6000.00 100%

-1 16 644.00 -16 644.00 0.00 0.00 0.00 0.00 0,00 0% -1 3000.00 -3 000.00 0.00 0.00 o.oo 0.00 0.00 0%

2720 10.00 27,200.00 -- 0.00 0.00 2,720.00 27,200.00 2.720.00 27.200,00 100%

TOTAL ~r 685:934.60--+-~---= ,1 '-~20,029:~9 IE 11 48,334.75 · 11 · · 11 668,36~:~1 11 -7; · ----- - . ~

o ......... 'I ... ,1

AMOUNT COMPLETED TO DATE MATERIALS STORED TO DATE

sun-TOTAL MATERIALS STORED AND COMPLETl!D TO DATR RETAINAGRAT0¾

TOTAL COMPLETED AND STORED LESS RETAINAGE

LESS PRRVI0US PAYMENT AMOUNT DUE CONTRACTOR

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

-31 .00 -1,860.00 0.00 0.00 0.00 0.00

0.00 0.00 8,322.00 16,644.00

0,00 0.00 630.34 4.097.21 230.00 5,750.00

0.00 0.00 0.00 0.00 7.00 3,675.00

-15,209.00 -26, 615.75

21.00 3,780.00 0.00 0.00 0.00 0.00 0.00 0.00

0.00 5,470,46

1.00 31,744.00

0.00 0.00

0.00 0.00

-1.00 -16 644.00

-1 .00 -3 000.00

0.00 __Q,_QQ_

------·

17,570.46

~ $0,00

$668,364,04

$0.00

~ ~ ID o,J37.6B

I

CONSENT :

Date:

To:

From:

Through

Prepared By:

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES

June 1, 2016


Vincent Burke, P.E., Director of Utility Services @ Jennifer Hyde, Purchasing Manag~

Terry Southard, Operations Manager, Utility Services

Subject: Request for Purchase of Software Package for Water/Wastewater Facilities

BACKGROUND/ ANALYSIS:

Indian River County Department of Utility Services (IRCDUS) operates two water and three wastewater facilities that utilize software to help operate each facility. The software acts as a Human Machine Interface (HMI) to assist the operators control equipment as well as monitor chemical pumping rates and storage tank levels. Additionally, we have a second software package, WIN911, that has t he ability to callout issues within the facility by notifying the on-call operator or mechanic of said issues. This same callout system helps save operating costs by the reduction of staffing levels.

At present our facilities use the Wonderware software package for the HMI. Both South County and North County Reverse Osmosis (RO) facilities are able to view and control each other, but the three wastewater treatment facilities (WWTF) sites do not have that ability. In the FYlS/16 budget, funds were approved in both water and wastewater to bring the software up to the correct operating version with the ability to view and control the three WWTFs and tie-in the water treatment facilities (WTF). In researching the cost of upgrading the current software version and annual maintenance fees, staff also reviewed other software packages. Our goal was to have one package that would cover the following items with reasonable cost:

• Ability to connect all water/wastewater facilities. • Single source software for HMI, alarm callouts and reports. • Multiple screens per computer. • Training package. • Annual service/maintenance that includes phone support and software updates.

At present there are four major software programs that work well within a utilities facility operation:

• Wonderware • Trihedral VTScada

• iFix • Rockwell Automation

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50

Staff met representatives from each software company to discuss how their software would best work with IRCUD facility operations.

Additionally, staff researched each program by touring utility facilities that use software packages other than Wonderware. Sites visited were:

• Ocala - Trihedral VTScada • Port St. Lucie - iFix • City of Vero Beach ~ iFix

CONCLUSION:

After meeting with each software representative, touring other facilities, and reviewing the options with our outside SCADA consultant, staff feels that VTSCADA is the best fit in performance as well as cost and was the only software package to meet every requirement needed for each of IRCDUS water and wastewater facilities.

RECOMMENDATION:

Staff recommends that the Board of County Commissioners waive the requirement for bids and authorize the Purchasing Department to issue a purchase order to VTSCADA for $81,849.94 for the purchase of a software package for all water and wastewater facilities.

FUNDING:

Funds for this project are derived from the Computer Software budget in the operating fund. Operating funds are generated from water and sewer sales.

Description Account Number Amount Computer Software 47121836-035120 $49,109.96 Computer Software 47121936-035120 $32,739.98

ATTACHMENTS: 1. Quotation from Trihedral Inc. for design and implementation 2. Quotation from Trihedral Inc. for software bundle

APPROVED FOR AGENDA:

For: June 14, 2016 Date

Indian River Co. Approved

Administration

Legal

Budget

Utilities

Utilities-Finance

F:\Utilit ies\UTILITY - EM PLOYEE FOLDERS\ Terry Southard\Agendas\Agenda-SCADA Software Package 2016 Ha 060116 V2.Doc

Date

51

Trihedrai

Software for Monitoring & Control

Trihedral Inc. 7380 Sand Lake Road, Suite 160

Orlando, Florida 32819

Phone: 407-888-8203 Fax: 407-888-8213 www.trihedral.com

Indian River County Utilities (IRCU)

Wonderware Conversion Quote # Q10565-000-000

Date: Delivered to:

May 26, 2016 Rob Ayala

R&.. Revision Issue Prepared ev,iewed # Dolails Date B B . · . .

: O : Original Issue ,··· ' . ·--- __________ \_M~~?.§?9.1§ ___ ~__1 Bryan Sinkler l I?- Baker

1-------·--·-·-··· ! ·---~·--.,---~··-··--·~---·--·-·--·-·----··-·-·--------·----·--·:. --- --··---- -·· - -- - -------. -- _: _____ ----- - ·---;,.. ______________ 1 _________ -- ---••-••-••••-••-----•-•-• •••-•---•-~•_,;_,., __ •=-•••• •~••• --•~••--M-••--- : - ;-~•--•-----•--•-•--•--•; --•••-•-•---•••••~-~••••••••••- i

:··· -------•-- ... -- ~ .. -.----~ .. --·•······--·····~----····-········ ------- ----- ·····-···-········-···-"··-__ ., ____________ ,,_,_-I -- ----···-·--··-········· .. ··-··-··-····--·-·-·-·- ---:-··- -·-·· ·-··· ·-··-----·-------... ; __ M_ -··-·- ·----····--··-- · --.. i

:•••••••••-•••• -•• ••;-••- - ., ••-- -•-- ----•-•~••~-••----,-••--•--•--•--~~----•·--•~•-·•·• -~-------- • -·--·-c---•--•-•~-••------•--••-• ; -•--•---•-•~--•-;

ISO 9001 :2008 Ref# QMF 128

Template Ref # US.SEPT.22.2015

Internal Ref#

53

Contents

1 OVERVIEW .......................................................................................................................................................... 1

2 SCOPE DEFINITION .............................................................................................................................................. 2

2.1 TRIHEDRAL RESPONSIBILITIES ..... .............................................. . ................. ............................. ..... ..................... . .. 2 2.2 INDIAN RIVER COUNTY UTILITIES RESPONSIBILITIES .................... .. ....................... .. . .............................. .... ................ 2 2.3 ASSUMPTIONS & CLARIFICATIONS ....................... . ............................................. . ... ............................................... 2

3 DELIVERABLES ............................................................................................................. ....... .......... ....... ................ 3

4SCHEDULE ........................................................................................... ............................... ... ....... ....... ... ....... ...... 4

5 PRICE ................................................................................................ ..................... ............................. ....... .... ...... 5

5.1 ADDITIONAL SERVICES ......... .... . .. . ....... .. . .... ..... .......... .. ...................... ........................... ............................ ... .... ... . S

6 TERMS ............................................................................................. ............................................. ....................... 6

6.1 EXPIRY .......................................................... ....................... ... ... .... . ........................ . .. .... . .................. . .. . ......... . 6 6.2 BILLING SCHEDULE .............. . .. . .. . ............... . .................. ... . .. .............................................. . ........ .. ...................... 6 6.3 ENGINEERING AND T ECHNICAL SERVICES TERMS AND CONDITIONS .. ... ..... ..................................... ................ . ............. 6 6.4 CONFIDENTIALITY ...................................................... ............................ .. . ........................................ .. ............... 6 6.S LIABILITY OF TRIHEDRAL. .......... . ..................................... . .... . . .... . . ... ........................................................... ... .. . .... 7

6.6 NON-ASSIGNABILITY ...... . ... ............................... ............................. . ................................................................... 7

6. 7 FORCE MAJEURE ............... . .............................. ............ .. ... . ... .. ................... . .. . ......................................... .......... 7 6.8 BINDING AGREEMENT .......................................... ........................................ .... . ... ... .................... .. . . , ... .. ........ ... .. 7 6.9 NON-WAIVER ................. ........ .. ......................... ..................... . ............................................ .......................... .. 7 6.10 SEVERABILITY OF T ERMS ......................... ............................. . .................................... , .. . ... .. ............................... .. 7

6.11 GOVERNING LAW AND VENUE ................................... . .............. ..................... ... ... ..... . ............... .... .. .... ................. 7 6.12 ACCE PTANCE BY CUSTOMER , ............ . .................................... . , ............................................................................ 8

APPENDIX A. ENGINEERING AND TECHNICAL SERVICES TERMS AND CONDITIONS (STANDARD CONDITIONS) .. 9

54

May 26, 2016

1 Overview

This document presents a fixed price to produce:

Wonderware Conversion Q10565-000-000

1> A design guideline that reviews the existing County architecture and recommends a VTScada architecture for the migration to a single VTScada application using realmed area filtering. This design would be used by the County and/or others in future migration work.

2> Implementation of a single County wide VTScada realmed application shell, with inclusion of existing Wonderware tag databases from each plant.

The prices and time estimates provided are based on information from the following:

• Site visits by Trihedral to Indian River Utilities between Jan 2016 and June 2016. • Various emails between Bryan Sinkler and Rob Ayala between Jan 2016 and June 2016. • Various phone calls between Bryan Sinkler and Rob Ayala between Jan 2016 and June 2016. • Site visit by Indian River Utilities staff to see the City of Ocala VTScada system.

=--------------~=-n 1 --==-_..-,,_....,, _______ ,_,, __ _

55

May 26, 2016

2 Scope Definition

Wonderware Conversion Q 1 0565-000-000

1 > Creation of document that outlines existing architecture and defines proposed VTScada architecture moving forward. This document would act as a guide as to how the County wishes to design a single VTScada application using realmed filtering and would outline best practices (tag and area architecture, security, etc) in doing so. This document would aid the County in each phase moving forward, regardless of whether the implementation is done in house by the County, by Trihedral or by a Systems Integrator of the County's choosing.

2> Design and implementation of single County wide VTScada maimed application. Trihedral will create a VTScada application that can be run in parallel with the existing Wonderware application. This "shell" application would allow the County to then bring in each plant one by one until all plants are phased over to VTScada. In addition Trihedral will convert the existing Wonderware tag databases from each plant into standard VTScada tags.

Currently, Indian River County Utilities has 5 plant running various versions of Wonderware HMI. In addition, the County has roughly 400 Data Flow RTUs running through a Hypserver system using DFS HyperTach 3 software, the lift station system is not part of this scope.

2.1 Trihedral Responsibilities

For the pricing provided, it is assumed that Trihedral will perform the following services as part of the project:

1. Design, coding, and testing of all supplied components 2. Attend regularly scheduled meetings with Indian River County Utilities to review the project status 3. Provision of all deliverables as detailed in section 3 Deliverables

2.2 Indian River County Utilities Responsibilities

For the pricing provided, it is assumed that IRCU will perform the following services as part of the project:

1. Perform all customer side testing 2. Review and validate tag conversion data 3. Provide access to test environment 4. Provide a means to remotely access (via VPN or similar technology) IRCU assets required for

testing and installation 5. Provide training for the system end users 6. Update all internal documentation 7. Provide Trihedral with all plant Wonderware tag databases in CSV format.

2.3 Assumptions & Clarifications

The following items are not included in the scope of the project or the price provided by Trihedral:

1. No installations of any computers or other hardware. 2. Reprogramming of control equipment 3. Voice modems to be supplied by IRCU 4. It is assumed that some data in the existing Wonderware tag database may be incorrect or

invalid. It will be the responsibility of IRCU to verify and correct.

-------------------- 2 --~=-~---=-·=···-=--··=-=~~----------56

May 26, 2016

3 Deliverables

Wonderware Conversion Q 10565-000-000

The major deliverables included in the price provided in this document include the following:

1. Software is provided on a separate quote and is not shown on this quote. 2. Review of current architecture and creation of design document for migration. 3. Creation of a VTScada application using design. 4. Creation of Realms for each area designated by IRCU. 5. Creation of server lists. 6. Set up internet client realms. 7. Set up roster tags. 8. Set up security. 9. VTScada application display screens. Trihedral will provide a county-wide overview page and 5

plant overview pages with hotbox links to pages designated as future use pages that the county can expand the application on.

10. Convert existing Wonderware tag database into standard VTScada tags in CSV or Excel format. 11. Install VTScada software onto two ICRU servers and test redundancy across network.

-------------~~"~·- 3 --------=---------"'-""""=---57

~Y,.l6, 2016

4 Schedule

Trihedrai Wonderware Conversion

Q 1 0565-000-000

The table below shows the expected major schedule milestones scheduled from the project start date.

Task tla1e _- -: .. Review of existing system, creation. of migration design.document . .. ... .. . . ...... ".Y'{~~~ ... l _ :.lntemal System.Design, AppHcation (;reation, Tag Conversions -···- ·- . ·- _ ;_ Week.3 .. .

! _ _!'.l.ppJication Installation ·- ···· ........ . ..... - . .. . ... ................. ···-· ·" -··-·"- ··•· ·-···· ·-·--·-L~.~~~-- 4 . ...... .... -·· .. .... .

The scheduled project start date will be determined after the acceptance of the quotation and the receipt of a formal purchase order for the work. Trihedral schedules work on a first come first served basis and thus the proposed starting and completion dates are subject to change until the receipt of a formal purchase order for the work .

.__..,, _______ ,.... _________ 4 _____________ ....., ____ ,_ __

58

May 26, 2016

5 Price

Wonderware Conversion Q10565-000-000 .rnw

The price to provide all materials and services detailed in Section 3 Deliverables and in accordance with the terms of this quotation is at $17,251.00 (USO) plus all applicable taxes. This price is based upon the terms of this quotation ONLY and additional or altered terms may require a re-quotation and will incur delays for legal review.

Please note that this price is intended as a firm quotation and all work outlined in this document will be completed for this price.

5.1 Additional Services

In addition to the scope of work outlined above, ICRU may purchase Trihedral's services to complete additional work at an hourly rate of $135.00 (USO) plus applicable expenses charged at cost plus an invoicing surcharge of 10% .

....., __ ...,. __ ..... ___ ,.....-=, _ __,. __ ,....._,_ 5 _______________ .._,_...,.._.,_ ...

59

Wonderware Conversion 010565-000-000 May 26, 2016 _,.,.....,.,_..,.....__,...,.. ____________ ,_ _____ ....,_..._-=-,,_....,....., .... ____ _

6 Terms

Placing a purchase order against this quotation will be deemed as having accepted the terms and conditions as detailed below.

6.1 Expiry

This quotation is valid for a period of 30 days from the issue date.

6.2 Billing Schedule

Trihedral will issue ICRU two invoices:

One invoice upon delivery of the Item 2 as detailed in section 3 Deliverables. One invoice upon completion of Items 3 to 11 as detailed in section 3 Deliverables.

Payment terms are net 30 days.

6.3 Engineering and Technical Services Terms and Conditions

Engineering and technical services which are enumerated in section 3 Deliverables, are provided by Trihedral Engineering Limited subject to terms and conditions specified in Appendix A - Engineering and Technical Services Terms and Conditions (Standard Conditions)

6.4 Confidentiality

1) During and after the performance of the Services pursuant to Quote, each party shall maintain in confidence all confidential and commercially sensitive information received from the other party in which the disclosing party has a proprietary interest (the Confidential Information), and shall not disclose any such Confidential Information to any third party, other than its own personnel, or use any such Confidential Information for any purpose whatsoever except as contemplated by this Quote. In maintaining the confidentiality of Confidential Information of the other party, each party shall exercise the same degree of care that it exercises with its own confidential information and in no event less than a reasonable degree of care.

2) The obligation of confidentiality in the preceding subsection shall not apply to the extent that: a) the party subject to the obligation is required by law to disclose information by order or regulation

of a governmental agency, a regulatory authority or a court of competent jurisdiction; provided, however, that, if reasonably possible in compliance with such order or regulation, the party subject to such requirement shall not make any such disclosure without first notifying the other party and allowing the other party a reasonable opportunity to seek injunctive relief from, or a protective order with respect to, the obligation to make such disclosure ;

b) the disclosed information was at the time of such disclosure to the party subject to the obligation already in, or thereafter entered, the public domain, other than as a result of actions of the receiving party, its directors, officers, employees or agents in violation hereof;

c) the disclosed information was lawfully known to the party subject to the obligation prior to the date of disclosure to the receiving party;

d) the party subject to the obligation establishes, upon documentation, that such party independently developed the disclosed information without any use of, or reference to, the disclosed information; or,

e) the disclosed information was received by the party subject to the obligation on an unrestricted basis from a source unrelated to any party to this Quote and to the best of the knowledge of the party subject to the obligation, without of a duty of confidentiality owed to the other party.

aoc,..---,,--...,.cz,,-------"""""----- 6 -=--------=-----------=--60

May 26, 2016

6.5 Liability of Trihedral

Wonderware Conversion Q 1 0565-000-0 00

In no event shall the liability of Trihedral to the Customer or any other party extend to consequential or indirect damages.

6.6 Non-Assignability

This Quote, may not be assigned or otherwise transferred to another party without the consent in writing of Trihedral.

6.7 Force Majeure

Neither Trihedral nor the Customer will be liable for failure to perform obligations pursuant to this Quote, to the extent that such failure to perform is attributable to unforeseen events which are beyond the reasonable control of the parties, including natural disaster (including fire, flood, blizzard, tornado, windstorm or earthquake), labour disruption (including strike or lockout), war (whether declared or not), riot, terrorist action, and interruption of electrical power or electronic communications services, provided that the party subject to such circumstance gives written notice as soon as possible to the other party, and acts with reasonable diligence to mitigate the effect thereof upon the performance of the Services.

6.8 Binding Agreement

Upon acceptance by the Customer, this Quote shalt be binding upon the Customer, any other party using or relying upon the Software, their heirs, administrators, successors and assigns and shall be construed with such changes of gender and number as the context may require.

6.9 Non-Waiver

The failure the Customer or Trihedral to insist on the strict observance of its rights under this Quote shall not be deemed a waiver of such rights, which shall be determined in accordance with the express provisions of this Quote.

6.10 Severability of Terms

In the event that any provision of this Quote is determined to be unenforceable, illegal or void by a tribunal of competent jurisdiction, such provisions shall be severed from this Quote and the remaining provisions shall remain in full force and effect notwithstanding such unenforceability, illegality or invalidity.

6.11 Governing Law and Venue

This Quote shall be interpreted in accordance with and governed by the laws of the State of Florida, and the Customer. attorns to the exclusive jurisdiction of the courts of Florida with respect to the adjudication of any issue concerning this Quote, except to the extent otherwise provided herein.

---""'""-=--.,__,.,..,.. _ _,,"""",_,_.,.,.____ 7 ________________ ...., ___ _

61

Wonderware Conversion May 26, 2016 ... r;.ihedn=d Q10565-000-000 ""'""-~..,...--- - ,a;,o-----------------------··-·-6.12 Acceptance by Customer

Quotation Accepted By:

Quote#: Q10565-000-000000

Print Name:

Title:

Signature:

Date:

__ ..,,_,_,......._.,.w_._""""'_,._...,, ______ 8 --------=-----,,,_ ____ .,.... 62

May 26, ~016 Wonderware Conversion

Q10565-000-000

Appendix A. Engineering and Technical Services Terms and Conditions (Standard Conditions)

1. Trihedral warrants that it has available adequate and appropriate staff, equipment and facilities to perform the Services, and that the Services will be rendered in a competent and professional manner, subject to the terms and conditions of this Quote.

2. The Customer will support the performance of the Services by:

(a) fully informing Trihedral to the extent reasonably required to enable the performance of the Services, including provision of functional standards, design criteria, and technical specifications of equipment and systems related to the Quote. and undertakes that Trihedral may rely on the accuracy and completeness of all information provided by the Customer, and any consultants of the Customer;

(b) reviewing and assessing promptly all reports, documentation, software code performance. recommendations and conclusions communicated by Trihedral, so as to enable the timely performance of the Services by Trihedral;

(c) making available to Trihedral adequate and timely access to equipment, systems and facilities owned or controlled by the Customer, so as to enable the proper performance of the Services by Trihedral;

(d} making and communicating promptly to Trihedral such decisions by the Customer as are necessary for the full performance of the Services by Trihedral; and,

(e) by forthwith giving notice in writing to Trihedral of any claim by a third party alleging infringement of an intellectual property right with respect to the Services or the use of the Services, and by cooperating with Trihedral in the investigation and defence of such claim;

3. Trihedral warrants that the Services will not infringe the rights of any third party with respect to copyright or trade secrets, and Trihedral will indemnify the Customer against any costs, expenses or damages finally awarded against the Customer in any action in which infringement by Trihedral of copyright or trade secret rights of a third party is established with respect to the Services. provided that the Customer has performed completely its covenant in accordance with paragraph 2(e).

4. Trihedral warrants that, to the best of information and belief, the Services will not infringe any patent right of a third party. Trihedral does not provide any other warranty with respect to patent rights with respect to the Services, and Trihedral will have no liability to the Customer for any costs, expenses or damages incurred by the Customer arising from a claim by a third party for infringement of patent rights concerning the Services.

9

63

Bill To

Trihedral, lnc. • 7380 W Sand Lake Road• Suite 500 • Orlando, Florida 32819 • USA Phone: ( 407) 888-8203 • Fax: ( 407) 888-8213

Quotation

Quote Number Ql0565

Terms

Date

Net 30 Days

05-25-2016

Bryan Sinkler

06-24-2016

Rob Ayala

Ship To

Rob Ayala

Sales Person

Valid Until

Tax Info. Tax JD# 26-0449423

2

3

4

s 6

7

2

3

Indian River County Utilities 1801 27th St

Indian River County Utilities 1801 27th St

Vero Beach, FL 32960 USA

Vero Beach, FL 32960 USA

772-226-3426 772-226-3426 [email protected] rayal [email protected]

jQty.

2

2

-I

loty. 7

2

jOty.

lOK Premium Bundle

I Product

~·~VTScada IOK Dual Server Premium-•

VTScada lOK - Development Runtime

VTScada IOK - Thin Client - Unlimited

VTScada I OK - Alarm Notification

VTScada Operation and Configuration Training Course

Bundle SupportPlus

Bundle 24/7 Emergency Support

T1me-L1rmted Bundle Discount

Proposed SupportPlus Expiry Date: One Year From Date of Purchase Bundle Value For Renewals: $30,595.00

Group Totals

10K Runtimes

j Product

VTScada l OK - Runtime - New - Includes Three Months of SupportPlus

VTScada I OK - Alarm Notification - New - Includes Three Months of SupportPlus

SupportPlus - Additional Nine Months

Proposed SupportPlus Expiry Date One Year From Date of Purchase Cumulative License Value for Renewals: $32,85 5.00

Group Totals

Emergency Support

] Product

24/7 Emergency Support - For Seven Runtimes

With the addition of24/7 Emergency Support to your existing SupportPlus Service, help ts always ava ilable. This service 1s intended for emergency issues directly associated with VTScada software. It does not cover apphcat1on specific issues, over the phone training or advanced system

Unit Price j $ 30,595.00

Subtota l:

T otal:

Unit Price J

$ 4,095.00

$ 0.00

$ 3,696.19

S ubtotal:

Total:

Unit Price, I $ 1,642.75

Ext. Price J

$ 30,595.00

$ 30,595.00

$ 30,595.00

fat. Price I $ 28,665.00

$ 0.00

$ 3,696.19

$ 32,361.1 9

$ 32,361.19

Ext. Price I $ 1,642.75

I 2

I Qty.

Trihedral, Inc. • 7380 W Sand Lake Road • Suite 500 • Orlando, Florida 32819 • USA Phone: ( 407) 888-8203 • Fax: ( 407) 888-8213

design It cannot replace tJam1ng or the se1vices of engineers, consultants or mtegrators

Emergency Support can only be added to a vahd SupportPlus contract and cannot be purchased as a standalone service. The cost of the service 1s 5% of the calculated software value with a mm1mum of $1.200 00 per year

24/7 support is hm1ted to those licenses on which support has been purchased. Licenses comprised of distnbuted sub-5ystems affect system loads 111 a vanety of ways and as such requue support to he purchased on all connected components

I Product

All Licenses Value for Renewals: $63,450.00 Annual SupportPlus: $9,517.50 Annual 24/7 Emergency Support: $3,172.50

Group Totals

Annual SupportPlus

Group Totals

Quotation Totals

Subtotal:

Total:

Unit Price I

Subtotal:

Total:

Currency:

Subtotal:

Total:

Terms and Conditions:

$ 1,642.75

$ 1,642.75

Ext. Price j

$ 0.00

$ 0.00

US Dollar

$ 64,598.94

$ 64,598.94

This quote shall be governed by laws of the State of Florida, with the exception that the use of the VTScada Software shall be governed exclusively by the VTScada Software License Agreement (Standard conditions) and the VTScada Softw are Standard Support Services Agreement (Standard Conditions) available from https://www.trihedral.com/license-agreemenl.

VTScada support and upgrade pricing are in accordance with the previously accepted license agreement terms and any differing purchase order terms proposed will not be accepted without written agreement by Trihedral.

The SupportPlus renew al quote conta ins grandfathered pricing that is contingent upon the receipt of a purchase order before the quote expiry date (as a greed to under the VTScada license terms of the original licen se). Purchase orde rs received with an alteration of previously accepted terms , or after the quote expiry date, will require a re-quote of the renewal price at current pricing.

Quotation Accepted By

Quote Number

Print Name

Title

Signature

Date

Ql 0565

2 I 2

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


BOARD MEMORANDUM


Richard B. Szpyrka, P.E.~ Public Works Director ~

James D. Gray, Jr.@ Coastal Engineer

CONSENT AGENDA

Full Release of Retainage for Ecological Associates, Inc., Work Order No. 8-Sector 3 Beach Restoration -2015 Post

Construction Monitoring Services

May 27, 2016


On March 19, 2013 the Board approved a contract with Ecological Associates, Inc. (EAi) for professional coastal environmental services in Indian River County for a two-year term, 2013-2015. On March 17, 2015, the Board renewed the contract until March 19, 2017. EAi is the selected County consultant for professional biological monitoring services related to the Sector

3 Beach Restoration Project.

Work Order No. 8 to this contract provided for services related to 2015 post construction monitoring for the Sector 3 Beach Restoration Project. On March 24, 2015, the Board approved Work Order No. 8 in the amount of $299,883 which included 10 separate tasks.

All tasks under Work Order No. 8 are 100 percent complete except for Task 5; In-water monitoring, including final summary report. Due to inclement weather during the 2016 winter season, only 75 percent of the monitoring under Task 5 was completed (3 of 4 quarterly monitoring events). As such, there is a balance of $2,851.25 remaining on Work Order No. 8. Therefore, the total amount of Work Order No. 8 was $297,031.75.

The subject of this agenda item is the release of the withheld retainage in the amount of

$29,703.17.

FUNDING

Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage is from

Account# 128-206004-05054.

F:\public Works\JamesG\Sector 3\EAI Work Orders\EAI WO # 8\memo full release of retainage EAI Work Order No. 8.docx

66

Page 2 BCC Consent Agenda Item

Sector 3 Beach Restoration June 14, 2016

RECOMMENDATION

Staff recommends the Board approve the release of all withheld retainage for Work Order No. 8 in the amount of $29,703.17.

ATTACHMENT

Ecological Associates, Inc. Relec::se of Retainage Invoice, dated May 9, 2016.


FOR; June 14,_ 2016

Indian River County

Administration

Budget

Legal

Public Works

Approved Date

Coastal Division JOG 5{~, ,,"

F: \Public Works\JamesG\Sector 3\EAI Work Orders\EAI WO # 8\memo full release of retainage EAI W orlc Order No. 8.docx

67

·~-A-I ) .. t ;r-- l:-4A {, ECOLOGICAL ASSOCIATES, INC.

ECOLOGICAL ASSOCIATES, INC. P.O.BOX405

JENSEN BEACH, FLORIDA 34958

FEIN: 61-1747043

RELEASE OF RETAINAGE - May 9, 2016

PROJECT NAME: Indian River County Sector 3 Sea TurtleMonitoring-2015 (PROJECT 15-339)

CLIENT: Mr. James D. Gray, Jr. Coastal Engineer Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 Phone: (772) 226-1344 Email: [email protected]

PROJECT DESCRIPTION: Daily sea turtle monitoring and related permit-compliance monitoring along approximately 9_1 miles of beach from R-20 south to R-68 in Indian River County, Florida, as described in EAI's Scope of Work dated February 6, 2015.

INDIAN RIVER COUNTY p1rnt 1C WORKS CONTRACT: Continuing Agreement for Professional Environm ma:ts- _ · ~~-· DATE ·

March 19, 2013 DIRECTOR ·1- --

WORK ORDER NUMBER: 8 (PO 71109-00)

PROJECT DURATION: April 2015 - February 2016

BILLING PERIOD: April 2015-February 2016

DIV. HEAD P.O.#

tET ACCT. # f2

CHARGES: Release of retainage for hardbottom and sea turtle monitoring performed to date.

TOTAL CHARGES TO DATE $297.031.75 TOTAL RETAINAGE WITHHELD TO DATE $29,703.17 REQUESTED RELEASE OF RETAINAGE $29.703.17

TERMS: Net 30 days.

68

DATE:


June 1, 2016

Department of Public Works Division of Facilities Management

IH·H@IHr TO:

THROUGH:

FROM:


Richard 8. Szpyrka, P.E., Public Works Director@

Chris Burr, Facilities Manager

SUBJECT: Work Order #2 for REI Engineers, Design and Replacement of Indian River County Administration Buildings A & B Roof

BACKGROUND:

On April 14, 2014, the Board approved a Professional Services Agreement with REI Engineers to perform roofing consulting services to include evaluations of existing roofing conditions, design solutions for remedial work, design solutions for roof replacement, preparation of design documents, and project management.

On December 8, 2015 Work Order #1 was signed by the County Administrator and issued to REI to perform an evaluation of the IRC Administration Buildings located at 1800 and 1801 27th Street (Bldg. A and Bldg. B). This evaluation included a site visit to determine the condition of the roof and make recommendations.

FUNDING:

Funding is available from Optional Sales Tax/Facilities Maintenance/Admin Complex Roof Replacement, Acct # 31522019-066510-16003

RECOMMENDATION:

Staff recommends that the Board approve Work Order #2 for REI Engineers to design, assist in bidding and perform construction inspection services for the replacement of the existing roofs on Administration Buildings A & B and authorize the Chairman to execute the Work Order in the lump sum amount of $87,000.00.

F:\Public Works\Luanne M\Facilities Management\Agendas\Admin Building Roof Replacement Work order #2 For REI BCC 06-14-1 6.doc

69

PAGE TWO Agenda Item Work Order #2 for REI Engineers, Design and Replacement of Indian River County Admin Buildings NB Roof for June 14, 2016

ATTACHMENTS:

Work Order #2 for REI Engineers


For: 06-14-16

Indian River Co.

Administration County Attorney Budget Department Division

F:\Public Works\Luanne M\Facilities Management\Agendas\Admin Building Roof Replacement Work order #2 For REI BCC 06-14-16.doc

70

WORK AUTHORIZATION DIRECTIVE

DATE OF ISSUANCE: EFFECTIVE DATE:

OWNER: Indian River County CONTRACTOR: ,,_,RE=-"-I =E=n""gi=n=ee=r.e:..s ______________________ _ CONTRACT: Continuing Roofing Services PROJECT: Indian River County Design and Replacement of Administration Buildings Roof

You are directed to proceed promptly with the following work:

Description: Proceed with contract documents and construction management of the roofing assembly at the Indian River County Administration buildings located at 1800 and 1801 27th st, Vero Beach, Florida 32960, per attached proposal, dated October 29, 2015.

Purpose of Work Authorization Directive: Replace the roofs at the County Administration Buildings.

Attachments: REI Engineers Proposal dated April 11, 2016, and REI Roof Condition Assessment dated February 25, 2016.

Method of determining Contract Price: D Unit Prices 00 Lump Sum D Cost of the Work

The Cost ofLabor, Contingency and Contract Time is summarized below:

Lump Sum Fee:

Contingency

ACCEPTED: : >;>_,, . •; . --·

i-\, f . ·••· c ·'" By: REI Engineers, Inc.

Total Cost

Date: 5/16/2016

$87,000.00 $0

$87,000.00

APPROVED AS TO FORM ANO LEGAL SUFFICIENCY

BY DYLAN REINGOLD

COUNTY ATTORNEY

Estimated Contract Time: SEE ATTACHED

APPROVED:

By: ______ _

Bob Solari, Chainnan

Date:

ATTEST: Jeffrey R. Smith, Cler k o f Court

and Canptroller

BY: Deputy Clerk

Dated:

71

REI ENGINEERS 10150 HIGHLAND MANOR DruvE, Su1TE 200, TAMPA, FL 33610 PHONE 813.623.5555 FAX 813.314.2196

April 11, 2016

Indian River County 4305A 43rd Ave, Vero Beach, FL 32967

Attention:

Reference:

Chris Burr Facilities Manager

Proposal for Engineering Services Contract Documents and Construction Administration Administration Buildings 1 & 2 Roof Replacements REI Proposal No. Pl6TPA-004

Dear Mr. Burr:

In response to our recent discussions, we are pleased to submit this proposal for your consideration. The roof areas outlined in this proposal include the tile roof sectors on the two buildings at the Administration Complex (totaling approximately 100,000 square feet) of the facility located at 1801 27th St, Vero Beach, Florida. The following is an outline of the proposed services for Contract Documents and Construction Administration:

I. CONTRACT DOCUMENTS

A. Conduct the site visit(s) to develop detailed Contract Documents for the subject building.

B. Extract roof samples as necessary to identify and/or confirm roof system composition and condition. Cored locations to be repaired with compatible materials.

C. Perform the following engineering design calculations for all roof areas which will be sealed by a Florida Licensed Engineer:

I. Determine design wind loads in accordance with ASCE 7 as required by the current edition of the State Building Code.

2. Primary and secondary ( overflow) drainage for compliance with the current edition of the State Plumbing Code.

3. Existing and proposed roof system R-V alue for compliance with the current edition of the State Energy Conservation Code.

4. Estimate existing and proposed roof system dead load unit weights to determine load change and the need for a structural analysis. If a structural analysis is required, REI will coordinate applicable work with a licensed Structural Engineer. The cost for the structural analysis (if necessary) is not included in this proposal.

D. Prepare comprehensive scaled drawings for conditions present to ensure competitive bids are received. AU plans · and details to be developed on Computer Aided Drafting (AutoCAD).

E. Prepare technical specifications of the removal or other preparation of the existing roofing system( s) and installation of the insulation, roof system( s) and sheet metal for the building.

ROOFING, WATERPROOFING AND B UILDING E NVELOPE E NGINEERS AND CONSULTANTS

www.reiengineers.com

AN EMPLOYEE-OWNED COMPANY 71

REI Proposal No. P16TPA-004 April 11, 2016 Page2

F. Issue preliminary Contract Documents for Owner review. Upon acceptance, final Contract Documents will be prepared and submitted.

G. Provide advertisement for bids to Owner for use in advertising in accordance with applicable laws and/or submit names of three or more qualified Contractors to bid the Contract Documents.

H. Hold one Pre-Bid Meeting for potential contractors to review the Contract Documents and resolve any questions that may arise during the bid stage of the project.

I. Bids shall be analyzed and a recommendation made based on low bid, alternates, contractor's past performance and Owner's budget restrictions. Submit a certified Bid Tabulation and recommendation for award.

II. CONSTRUCTION ADMINISTRATION

A. Complete Owner's recommended Form of Agreement between Owner and Contractor and submit to Owner and Contractor for acceptance.

B. Issue "Notice to Proceed" with Date of Commencement and construction period established.

C. Review and accept, as appropriate, shop drawings and submittals as required by the Contract Documents. Return unacceptable submittals to contractor as required until compliance with specifications is realized.

D. Hold a pre-construction meeting with the successful contractor to ensure a clear understanding of the plans and specifications.

E. Perform quality assurance site visit once every five working days, Monday through Friday, to verify work is in compliance with the Contract Documents. Photographs will be taken as deemed necessary for documentation. REI cannot comment on work that takes place and covered while REI is not onsite.

F. Hold a monthly construction progress meeting with the contractor and Owner to discuss the project status and schedule as well as review any questions that may arise during the construction phase.

G. Prepare and submit reports from each quality assurance site visit relaying information pertaining to weather, area worked, application methods, material types installed during the site visit, and listing of non-conforming items requiring Contractor's correction.

H. Certify Contractor's monthly invoicing based on status of work performed as determined from project site visits.

I. Route any change orders developed to address changes to the contract requirements.

J. Upon notification by the contractor that the job is substantially complete, a substantial completion inspection will be conducted with REI, Owner, Contractor and Manufacturer personnel. A punch list will be prepared to list any minor items that require further treatment.

K. Upon notification by the contractor that the job is fully complete, a final inspection will be conducted with REI, contractor and Owner personnel. A final inspection report will be

• 73

REI Proposal No. P16TPA-004 April 11, 2016 Page3

submitted upon verifying completion or if necessary, an additional punch list will be prepared.

L. Upon completion of work, verify compliance of warranties and forward to Owner with close out documents and final billing.

III. PROPOSED SCOPE OF WORK

A. Remove existing concrete roof tiles down to the nailable wood substrate. Replace damaged or contaminated substrate and provide new roof system along with sheet metal flashing and accessories to provide a complete, watertight, 20-year warrantable roof assembly. Roof system selected will be submitted to Owner for approval.

IV. OPINION OF PROBABLE CONSTRUCTION COST/ENGINEERING FEES

A. Based on the anticipated scope of work for this project, the proposed engineering fees are:

Engineering Fees: Contract Review Documents .............................................................. ........ $25,000 Contract Final Documents ........................................................... ....... ........ $21,500 Bidding Phase .......................................................................... ..................... $3,500 Construction Administration ....................................................................... $31 ,000 Closeout ......................................................................................................... $6.000

Total Engineering Fees .......................................................................................... $87,000

V. PROJECT SCHEDULE

A. Preliminary Contract Documents shall be completed within 75 days of Notice to Proceed. Final Contract Documents shall be completed and sealed within 7 days of receipt of comments.

B. Construction Administration shall be performed during the estimated construction duration and the project closeout process. This work is expected to take 180 calendar days.

If this proposal meets with your approval, please notify us in writing. This proposal will remain firm for a period of thirty (30) days. After that time, we reserve the right to review scheduled commitments and prices.

If you have any questions regarding this matter, please do not hesitate to call.

Respectfully submitted,

REI Engineers

~yf Randy Moore Jr. , EI Project Manager

Ill

Kenneth Tyner, PE, RRC Executive Vice President

74

Date:

To:

Thru:

Thru:

Subject:


May 16, 2016




CONSENT AGENDA

Michael C, Zito, Assistant County Administrato,,J.

Approval of License Agreement for Beach Town Music Festival With Basis Entertainment

DESCRIPTION: On March 15, 2016, the Board of County Commission approved a Template License Agreement and Policy Manual for events at the Indian River County Fairgrounds. Beachtown, LLC, is a domestic limited liability company organized under the laws of the State of Iowa and a wholly owned subsidiary of Basis Marketing, Inc., dba Basis Entertainment (the "Applicant").

The Applicant proposes to conduct a two day concert to be known as the "Beach Town Music Festival" on the weekend of October 7-8, 2016, at the Fairgrounds (the "Event") featuring country music star Jake Owen and other recording artists. The Event will be open to the public on Friday October 7th from 5:00 pm to I 1:00pm, and Saturday October 8th from 1pm to 11pm. Although the Event dates are within the 30 day exclusivity period for the previously approved Rocktoberfest event scheduled for October 21-23, 2016, the Applicant has secured a waiver from Fully Involved Event Productions, LLC, permitting the Event. The proposed License Agreement requires Board approval pursuant to Section 205.08 of the Indian River County Code of Ordinances. It should also be noted that some of the material terms for the Event License Agreement require amendments to the approved template following a protracted negotiation process that was facilitated by County Staff. The proposed License Agreement is attached and summarized below:

SUMMARY OF AGREEMENT • 2 day music festival seeking Fairgrounds Use Permit and Alcohol Permit

o Concert, stage, ticketed sales for admission o Vendor sales o Alcohol sales o Amusement rides o On-site parking

o No on-site primitive camping will be offered to the public. (The Fairgrounds routinely offers RV camping for perfonners and those directly associated with events reserving the 48 exist ing camp sites at the Fairgrounds).

o VIP Receptions in the Expo Building o All outdoor music to cease by I I pm

• Utilization of the entire fairgrounds - including all acreage, buildings and amenities for the License Agreement Duration of October 3-10, 2016.

F:\Assistant County Administrator\AGENDA ITEMS\2016\BCC 06 JUNE 2016\BCC Memo - Approval of License Agreement for Beach Town Music Festival.doc

75

• Flat fee of $20,000 plus 7% sales tax paid to County for License Duration -

o $10,000 Event Deposit paid in lieu of 25% Event Deposit Policy - refundable per the terms

of the current Fairgrounds Policy Manual: Balance due 30 days prior to event.

• Applicant shall also pay the County two dollars ($2.00) per ticket sold to the Event in lieu of the standard alcohol permit fee. Applicant shall account for all the tickets sold ten (10) days prior to the

Event, and pay the aforementioned ticket fees sold up that point, at least five ( 5) days prior to the Event. The Applicant shall make the payment for the remainder of the ticket fees within thirty (30) business days of the conclusion of the Event.

• $5,000 Damage Deposit for any incidental damages paid 30 days prior to event.

• Anticipated daily attendance of 5,000 to 7,500 people per day - County reserves the right to limit ticket sales based upon venue capacity.

• Alcohol to be served by a licensed third party vendor in accordance with Fairgrounds Policy.

• Applicant shall be responsible for parking logistics, traffic control, security plan, san itation plan, transportation of patrons, and medical facilities/coordination.

• All insurance requirements must be met 30 days prior to the event and approved by the County Risk Manager.

RECOMMENDATION: Staff respectfully requests that the Board approve the License Agreement and authorize its Chairman to sign and authorise the Parks Division to issue the applicable permits.

ATTACHMENTS: Signed License Agreement for Beach Town Music Festival - Beachtown, LLC Waiver signed by Fully Involved Events Productions, LLC. Executive Summary Basis Entertainment

DISTRIBUTION:

FOR:


June 14, 2016

Indian River County

Administration

County Attorney Budget Department

Risk Management

Approved Date

F:\Assistant County Administrator\AGENDA ITEMS\2016\BCC 06 JUNE 2016\BCC Memo - Approval of License Agreement for Beach Town Music Festival.doc

76

INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT

License Preparation Date: June 6, 2016

Organization: Bcaehtown, LLC

Address: 516 South Clark Street

City/State/Zip Code: Forest City, Iowa 50436

Name of Event: Beach Town Music Festival

Load-In Date/Time: Oct 3, 2016 8:00 AM

License Duution: October 3, 2016-October 10, 2016

Contact Name: Aadrew Thompson

Phone: (949) 568-6770

E-Mail: [email protected]

Expected Attendance: 7,500 per day

Load-Out Date/Time: · Oct 10, 2016 (2 PM)

WITNESSETH:

WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Fairgrounds, located in Indian River County, Florida, (the .. Fairgrounds"); and

WHEREAS, the County has the authority to issue and/or execute, and Beachtown. LLC, d/b/a .. Beach Town Music Festival" (the "Applicant") desires the issuance and/or execution of, a pennit/agreement for the utilization of the Fairgrounds, which Applicant has inspected, and will further inspect prior to Load-In, and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and

WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, iicensure, insurance, pennits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and

WHEREAS, the Applicant acknowledges that the use of the Fairgrounds is subject to and expressly conditioned by section 205.04 (Permits), section 205.08 (Festivals) and section 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable;

NOW, THEREFORE, for and in consideration of the use of the Fairgrounds and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives• signatures below, hereby agree to the terms and conditions set forth herein:

A. PARK, PREMISES & EVENT SCHEDULE:

1. This Indian River County Fairgrounds License Agreement (uLicense Agreement") applies to all events for the use of the Fairgrounds. The areas, personnel and facilities of the Fairgrounds

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which Applicant may apply for a permit, license, or use hereunder are more particularly described as

I. Facilities a. 181 Acreage

• 0-5 • 6-10 • 11-40 181 41+

b. 181 Expo Center c. 181 Expo Open Air Pavilion d. • Agricultural Pavilion e. 181 Entertainment Building f. a Cook Shed g. 181 RV Hook-up

II. a Amenities • Large Bleachers • Small Bleachers a Small Stage • Stage Risers #( 1-6) __ • Trans-Stage • without canopy • 1 OX20 Tent # ---• Light Towers • Picnic Tables • Hoses/Sprinklers • Serving Carts

• with canopy

• Tables (30''X96") w/chairs# _ __ • Chairs only # __ _ • Marquee# weeks __ _ 181 Internet Access • Golf Carts # ---• Expo Pavilion Curtains • Fire Extinguishers# __ _

(the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder.

III. Personnel • Parks Division Staff

IV. Pennits 181 Fairgrounds Use Pennit 181 Alcohol Pennit 181 Festival Permit

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2. Except as set forth below, Applicant may use and have access to the Premises for a period, commencing at 8:00 AM, on the 3rd day of October 2016, and ending at 2:00 PM, on the 10th day of October 2016, ("License Duration°), which License Duration shall include Event set-up, removal and clean-up. The Applicant may use and have access to the Expo Center, Expo Open Air Pavilion and Entertainment Building from 6 AM on the 6lh day October 2016, and ending at 9 PM on the 9th day of October 2016.

Where the Applicant requires usage after the stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set forth in the Fairgrounds Fee Schedule attached as Exhibit A ("Fee Schedule'').

B. AUTHORIZED USE, TERMS & CONDITIONS:

J. The Premises are to be used by Applicant for the Beach Town Music Festival (the "Event"), two individual days of musical concerts and activities.

• The Event may include the following activities: musical and visual concerts, parking, amusement rides, sale and service of alcohol by third party licensed vendor, and VIP Parties ..

• The hours open to the public on each day of the Event shall be limited to: Friday, Oct. 7, from 5 PM- I 1 PM, and Saturday Oct 8, from I PM -11 PM. All public parking areas of the Event are to be empty by midnight.

• The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so Jong as such request is submitted at least ninety (90) days prior to the beginning of the License Duration. Such change may result in a modification of the insurance requirements set forth in B.17.

2. The hours of the Event open to the public shall not exceed the limitations set forth in section 205.08 of the Indian River County Code of Ordinances in effect at the time of the License Duration.

3. County and Fully Involved Productions, LLC have agreed to a waiver to allow Applicant to hold its Event per the time periods per this License Agreement. Other than the event held by Fully Involved Productions, LLC, County agrees not to schedule another music themed festival within thirty (30) days before or after this Event.

4. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sums:

(a) Rental fee wilJ be nyenty thousand dollars {$20,000) plus applicable sales tax of 7% and any additional charges imposed due to requests of the Applicant, including but not limited to RV camping charges of $20 per night plus applicable sales tax of 7% sales tax and 4% tourist tax, to be reconciled at the end of License Duration. A deposit of ten-thousand dollars, $10,000 ("Event Deposit") is due upon execution of this License Agreement. The

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balance of the rental foe set forth above and any remaining payments, including any expenses, charges or other fees described in this License Agreement shall be due thirty (JO) days prior to the Event. Any incidental charges or fees not included in this Agreement at the time of execution shall be due within thirty (JO) business days of the conclusion of the Event as described in B. 1.b.

(b) A Damage Deposit of SS,000.00 shall be submitted no later than 30 days prior to the Event. The Damage Deposit shall be applied against the fees, costs, expenses, charges and/or delinquent payments described herein, and against any costs of repair or replacement of damages to the Fairgrounds, exclusive of natural wear and tear, that directly or indirectly result from the Event, whether caused by App1icant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or perfonners, or others on the Premises at Applicant's direction or invitation. The County's use of the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any other right the County may have at law or equity. The Damage Deposit, to the extent unused, shall be returned to Applicant within thirty (30) business days following the Event.

(c) In addition to fees imposed by Section B.5.(a),Applicant shall pay the County two dollars ($2.00) per ticket sold to the Event. Applicant shall account for all the tickets sold ten ( 10) days prior to the Event, and pay the aforementioned ticket fees sold up that point, at least five (5) days prior to the Event. The County shall have the right to inspect the Applicant's ticket records at any point during and up to thirty (30) business days after the License Duration. The Applicant shall make the payment for the remainder of the ticket fees within thirty (30) business days of the conclusion of the Event as described in 8.1.

5. The Applicant shall provide to the County infonnation as to the total ticket sales at 30, 15, 7 and 3 days prior to the Event. The County reserves the right to cap ticket sales depending on the capacity of the Premises and the Fairgrounds or because of law enforcement, sanitation, traffic control or due to other public safety issues.

6. Applicant shall be financially responsible for all charges for all materials, personnel, services and equipment that the County furnishes for the Event, provided the aforementioned are requested by Applicant or agreed to by Applicant's authorized representative. Applicant shall also be financiaJly responsible for all charges for all materials, personnel, services and equipment that are provided by non-county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers).

7. This License Agreement is not a permit. As set forth in sections 205.04 (Permits), 205.08 (Festivals) and 205.09 (Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds use permit, festival permit and alcohol permit (in the case of alcohol, Applicant or Applicant's vendor(s)), which collectively require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate security and traffic control. Applicant shall be responsible for all costs associated with such

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facilities Wld services. All alcohol sates must end by 1 Opm or forty-five (45) minutes before the last performer ends, whichever occurs earlier.

8. The County shaJl have the right, after coordination with the Applicant's authorized representative, to determine in its sole discretion the level of County staff necessary to service the facilities during the License Duration. Applicant shall be responsible for all additional costs for County staff and Applicant may request additional staff as needed.

9. Applicant's failure to make any of the payments required hereunder in a timely manner shall constitute a material breach and shall result in the immediate termination of this License Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred by the County in the co11ection of any payment due hereunder shall be reimbursed by Applicant.

Applicant (including all artists, performers, entertainers, sound technicians, employees, and subcontractors of Applicant, and any other participating in the production of the Event) shall comply and ensure compliance with the following during the Event: ·

• The hours of event production and sound checks utilizing amplified sound in the Fairgrounds are restricted to:

i. Sunday thro Thursdays from 10:00am-6:00pm with a minimum of one thirty (30) minute intermission.

11. Fridays and Saturdays from !Oam-10:59pm with a minimum of one thirty (30) minute intennission.

• The starting hours listed above may be adjusted to begin earlier upon approval of the County.

• The location and arrangement of the stages and sounds systems shall be in accordance with the Stage Configuration Map as detailed by Applicant and approved by the County. The preliminary Stage Configuration Map and a Site Plan shall be provided to the County thirty (30) days prior to the Event and a final Stage Configuration Map and Site Plan no less than fifteen (15) days prior to the Event.

• Sound attenuation blankets or sound walls may be required to be erected at the rear of any temporary stages. Such temporary stage installations shall be installed in such a manner so as to minimize the noise impact on surrounding residential properties.

• Applicant shall obtain stage inspection, documentation and certification in accordance with industry standard. Applicant shall provide copies of documentation reflecting certification within 24 hours of Event. Applicant shall also allow the County to inspect the stage construction. Such inspection shall occur no later than 24 hours prior to the Event. Any cost associated by the County's inspection shall be at the sole cost of the County. The County shall make inspector(s) available at a mutually agreeable time. Failure to timely inspect the Stage by the County shall not preclude Applicant from proceeding with the Event.

IO. Undisclosed or unpennitted activities or hours shall be cause for this License Agreement to be voidable by the County at any time during the License Duration. Undisclosed and unpermitted activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages, penalties and other legal and equitable remedies including, but not limited to full payment under this License Agreement.

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I 1. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises without the express prior written consent of the Assistant County Administrator or his/her designce.

12. In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned by Applicant at the end of the License Duration, the County is hereby authorized to remove from the Premises or any other portion of the Fairgrounds, at the expense of Applicant, all goods, wares, merchandise and property of any and all kinds end descriptions placed or pennitted therein by Applicant and which may be then occupying the same, and County shall not be liable for any damage or loss to such goods, wares, merchandise or other property which may be sustained either by reason of such removal or of the place to which it may be removed. Applicant hereby expressly releases County from any and all such claims for damages of whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at Applicant's expense as to any claims for damages by third parties having interests in such goods, wares, merchandise and property, including costs and attorney's fees.

13. Applicant shall: {i) use and occupy the Premises in a safe and careful manner, including but not limited to properly covering any and an power cords; (ii) comply with all federal. state and 1ocal laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes provided above; (iv) not pennit the Premises, or any part thereof, to be used for any unlawful purpose or in any manner that may result in or cause harm and/or damage to persons or property; (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show bills, lithographs, posters or cards of any description inside or in front of, or on any part of the Premises, except with the prior written consent of County, which consent shall not be unreasonably withheld, conditioned, or delayed;; and (vi) deliver to the County the Premises in as good a condition and repair, including all necessary trash or waste removal, as the same shall be found at the beginning of the License Duration. Additionally, Applicant:

(a) assumes all costs arising from the use of patented, trademarked or copyrighted materials, equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of the Event. Applicant shall defend, indemnify and hold County hannless at Applicant's expense from all suits, actions. proceedings, damages, costs and expenses in law or equity, including attorney's fees, for or on account of any patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Applicant or its employees, invitees, licensees, contractors, assignees, performers, contestants and exhibitors, in connection herewith.

(b) shall not alter landscaping, fencing or any pennanent structure nor shall there be any obstruction to ingress and egress to and from the Premises without the express written consent by the County.

(c) acknowledges that the County shall have the right to collect and have the custody of articles left at the Premises by persons attending any Event given or held on the Premises, and Applicant or any person in Applicant's employ shall tum over such articles left on the Premises to the County.

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(d) acknowledges that the County reseives the right to eject any persons reasonably deemed violent or otherwise dangerous to health, safety and welfare.

(e) acknowledges that the County may immediately tenninate the Event if the National Weather Service issues a severe weather warning, or imminent severe weather conditions develop in the area indicating a risk to public safety, or a state of emergency has been declared. Applicant hereby waives any rights and all claims for damages against the County that may result from the exercise of the rights reserved herein.

(t) In an emergency declared by the appropriate authorities under Chapter 252, Florida Statutes, the County reserves the right to use the Premises as a part of its emergency response and recovery operation as long as reasonably necessary in the Countyts opinion.

(f) represents and warrants to the County that Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors and perfonners by their speech, song, music, conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule, regulation or order of any federal, state, municipal or other governmental authority.

14. The County and its officers, agents and employees engaged in the operation and maintenance of the Premises reserve the right to enter upon and to have free access to the Premises at any and all times, which reservation is hereby acknowledged and agreed to by Applicant.

15. Applicant releases and forfeits any right of action against the County or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends and saves the County and County's members, officials, officers, employees and agents hann)ess (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the Event irrespective of negJigence, actual or claimed, upon the part of the County, its agents and employees, except where caused by the willful and wanton acts of County officials, officers, employees and agents, and (2) from all expenses incurred by the County for police protection, fire protection and emergency medical seivices, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety on the Premises of the Event. .

J 6. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's liability submit certificates of insurance naming "Indian River County, FL" as additional insured and shall:

Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less than stated below:

Schedule Limits

Commercial General Liability - No more restrictive than : $5,000,000 Each Occurrence Combined ISO Fonn CGOO0l (including property damage, personal ; Single Limit

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injury, products I comp. ops. agg., premises, operations, and blanket contractual liability. and host liquor liability)

{The Indian River County, FL and the County's members, officials, officers, employees and agents, shall be named as additional insureds under aJl of the above Commercial General Liability coverage).

In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is specifically applicable to the automobiles);

Automobile LiabiJity (al1 automobiles-owned, hired or non-owned)

$500,000 Combined Single Limit

In the event the Applicant hires employees for the Event or is otherwise required to CaIT)' workers' compensation insurance, the Applicant will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. Applicant will assume responsibility for Applicant's discretion in confinning that all of the Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum Jimits of coverage:

Workers Compensation i Florida Statutory Coverage Including coverage for any appropriate Federal Acts i (e.g. Longshore and Harbor Workers Compensation Act, ! 33 use§§ 901-952, and the Jones Act. 46 USC§§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes.

Employer's Liability · $100,000 Each Accident i $500,000 Disease Policy Limit / $100,000 Each Employee/Disease

In the event that any services or activities of a professional nature are provided, and Risk Management detennines the coverage is necessary, pursuant to {k) below:

Professional Liability (Errors and Omissions) $1,000,000 Each Occurrence/Claim

In the event that children will be supervised by Applicant or any of the Applicant's Agents in connection with the Event and Risk Management detennines the coverage is necessary, pursuant to (k) below:

Sexual Molestation Liability

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In the event alcoholic beverages, including beer and wine. will be served, sold, consumed or otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the following coverage:

Liquor Liability I $1,000,000 Combined Single Limit

. . ...

(b) Participants - Except as set forth below, the Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the County and the County's members, officials, officers, employees and agents.

(c) Primary and Non-Contributory- The Applicant's insurance will apply on a primary basis and will not require contribution from any insurance or self-insurance maintained by the County.

(d) Deductibles - The deductibles of the insurance policies applicable to the Event shaU be deemed customary and the responsibility of the Applicant and any named insureds.

(e) Additional Insured - The Applicant's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Comff!issioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the Event.

(f) Reporting Provision - The Applicant's insurance shall be provided on an occurrence fonn. In the event that coverage is only available on a claims made fonn, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy tenn.

(g) Duration- Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be tenninated, reduced or otherwise limited by any expiration or tennination of particular policies for insurance coverages.

{h) Sovereign Entities - State and federal agencies eligible for sovereign immunity may submit a i,tatement of self-insurance fur liability as a11owed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein.

(i) Financial Responsibility - Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A-VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load-in, setup, tear down, and load-out.

(i) Evidence of Financial Responsibility - Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement 30 days prior to the Event Date. Upon written

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request. the Applicant shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cance11ation, including expiration and non-renewal of Applicant's insurance. shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Applicant's insurance company.

(k) Discretionary Authority - Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured.

(1) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims that result in a medical or law enforcement action, made in connection with the Event. Security Lo~ may be inspected by the County during and up to one year after the Event.

17. Applicants seeking a pennit for the sale and consumption of alcoholic beverages per section 205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less than 45 days prior to the Event to the County. At least 30 days prior to the Event, the Applicant shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and insurance certificate in accordance with Section B to the County.

18. If default occurs on the part of the Applicant in fulfillment of any of the tenns, covenants or conditions, including the timely submittal of all documents set forth in Section B, of this License Agreement, the County may tenninate this License Agreement and decline to issue any and all pennits necessary for the Event. Jn such case, the rent, taxes, fees, deposits end any other charges hereunder, whether accruing before or after such tennination, shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other agreements with the County may be used by the County to remedy Applicant's defaults hereunder. Any remedy granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies.

19. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the Event, the County must receive written notice. Applicants may be entitled to a refund according to the following schedule:

• Cancellation prior to 180 days from the first date of License Duration will receive a refund equal to 85% of the Event Deposit collected under Section B.4.(a).

• Cance11ation between 90-180 days oftbe first date of License Duration will receive a refund equal to 50% of the Event Deposit coJlected under Section B.4.(a).

• Cancellation less than 90 days of the first date of License Duration will forfeit the Event Deposit collected under Section B.4.(a).

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20. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fauJt of Applicant, as to prevent the use of the Premises for the Event, then this License Agreement shall tenninate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section, shalJ include, without limitation, Applicant's financial inability to perform or comply with the tenns and conditions hereof. economic hardship, a featured act's failure or refusal to perfonn or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents.

21. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and Regulations which are attached hereto as Exhibit B and incorporated by reference.

22. Applicant assumes all risks of damages to and Joss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold County hannless from all claims and actions for damages as to such losses, including attorney's fees.

23. County and Applicant retain all television, fiJm, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contracts. County will coordinate such recordings with Applicant's marketing representative. In the event of artist recording restrictions, Applicant shall request the right to allow the County to take generic production and still photographs of the Event.

24. Unless excused by impracticability or impossibility of perfonnance or other lawful contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shaJI not advertise or permit any advertising that a particular perfonner will appear for the Event until after an agreement for the performer's appearance has been executed. Applicant shall provide County documentation evidencing that it has a contract with the Artist; otherwise, the County may terminate this License Agreement and cancel the Event.

25. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion or be construed-to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida.

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26. At least thirty (30) days prior to the Event Date, Appliqmt shall submit proof of application for a "Special Events & Tent Sales Inspection Pennit" from the Indian River Cou~ty Fire Prevention Bureau pursuant to Florida ~ire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and !RC Ordinance Section 208.11.

27. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event

28. All deadlines falling on a weekend or ho1iday shall be accelerated to the prior business day.

29. Any notice, request, instruction, demand, comcnt or other communication required or pennitted to be given under this License Agreement shall he in wribag and shall be gtven in writing and delivered by email or US Mail, Certified - Return Receipt Requested, to the following:

Indian River County Parks Division 5500 77111 Street Vero Beach, FL 32967

Email: mzitQ(~irP~.Y:..~, oo: !?_oow~U~1;irc~ov.c.on:it [email protected]

Applicant: Beachtown, LLC 516 South Clark Street Forest City, Iowa 50436

Email: [email protected]

30. Applicant acknowledges that the County makes no guarantees to Applicant, express or im_plied, as to any pecuniary gain that App1icant may have intended to result from the Event.

31. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incol]X)l'ated herein by this reference.

32. Services Provided by the County

a. County reserves the right to detennine the adequacy of outside services procured by the Applicant under Section B(B.6., B.7., 8.8.) as a condition of the Permit.

b. To the extent the County provides services, and only with respect to such services, County shall indemnify and hold hannless the Applicant, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of either the County or any of its respective agents, officers, or employees in connection with the performance of such services. This provision shall be only to the extent allowed by and

Fairgro~cense Agreement Initials~

Page 12 o/13 June,, 2016

88

within the limits of liability provided by section 768.28, Florida Statutes, and shall not otherwise be deemed a waiver of sovereign immunity of either party.

IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures

below, do hereby execute this License Agreement on this_ th day of June, 2016 ,

::A~ Signature

Andrew Thompson Title Chief Business Officer

Fairgrou~nse Agreement Jnitials1f!!;J

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA

By: -------- -·----· ---~·--·-- ··-- --Bob Solari, Chainnan

Approved by BCC ________ _

Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller

By: Deputy Clerk


Approved as to Fonn and Legal Sufficiency

/ -----_ .. ~ ~ ---~.---~- -----~ .. ··- ---···,·-··· ···- ----·· ------ ·- -----~~----~an Reingold, County Attorney

Pagel3o/13 June 6, 2016

89

Exhibit A

FEE SCHEDULE - F AIRGROUJ\DS

The Foe Schedule has been presented within "Section 13" of this J ,icense Agreement

THE REM.<\INDER OF THIS PAGE HAS BEEN LEFT BLAJ\K TNTE)IT!ONALL Y

90

Exhibit B

Indian River County Parks Division

Fairgrounds Rules & Regulations

General Fairgrounds Rules 1. Scheduling is conducted on a first come, first serve basis for open dates.

Reservation dates may only be secured and guaranteed with a minimum 25% Deposit Fee and fully executed Agreement. Staff reserves the option to issue a placeholder deposit Agreement ("Placeholder Agreement") in lieu of a fully executed Agreement which will secure the date pending a due diligence review. Placeholder Agreements shall automatically expire 6 months prior to the scheduled event date and the reservation forfeited unless the Applicant enters into an Agreement.

2. Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period of the permit.

3. Security Plan: a. Festival events shall present a security plan to the Indian River County

Sheriffs Office Division of Law Enforcement. Approval and sign off by the Division shall be a condition precedent of the issuance of the Permit/License Agreement.

b. Assigned law enforcement officials must have arresting authority in Indian River County, i.e. IRCSO, FHP etc.

c. The County will determine in its sole discretion the level of security of sworn law enforcement and emergency services personnel.

4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance by the Fairgrounds Management Staff.

5. Deposits: a. All buildings and facilities shall be left in the same condition it was

received in. A cleaning fee shall be deducted from the damage deposit to cover the cost of cleaning/restoring the facilities to their original condition.

i. Any and all decorations must be approved prior to installation and removed completely at the conclusion of the event.

11. The Ag Expo Building should be left in a broom swept condition with any wet areas mopped and all garbage left in designated location.

b. A damage deposit of no less than $500, refundable upon inspection of the property is required for every event. Deposit may be increased in the sole discretion of the County dependent upon number of attendees and events.

i. Festivals require a damage deposit of no less than $5000. 6. Any signage visible from the road in any county right of way requires a permit

from the Code Enforcement Division prior to placement. 7. No animals are allowed unless assisting the handicapped or the event is an

animal related event. Animals are allowed in the RV area but must be on a leash {<6') or in a carrier at all times.

Fairgrounds License Agreement Initials _ _ _

Page 1 of 3 3/11/16

91

Exhibit B

8. Alcoholic is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks Division.

9. Under no circumstances shall any person remove any equipment or other items from the premises.

10. Facilities shall be restored to their original condition and all activities ceased by at the time referenced in the Agreement. For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour.

11. Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the responsibility of the Fairgrounds Management Staff. Staff should be notified of any special needs of the Applicant.

12. Applicant agrees to hold Indian River County, FL harmless from any and all claims for damages to persons or property resulting from their use of any facility.

13. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each member / guest attending event. Applicant conducts all events at their own risk. All attendees must abide by County policies.

14. All RV's are required to park in the designated RV area. There will be no parking of RV's in or around other facilities without prior approval of the Fairgrounds Management Staff. All RV's will be required to pay the daily fee for the campsite hook-up.

15. Insurance requirements shall be determined at the sole discretion of the County Risk Manager. Certificates of insurance designating "Indian River County, FL" as additional insured shall be presented to the County no less than 30 days prior to the event.

16. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health Department, Sheriff's Office, Risk Management, Traffic Control, Solid Waste Disposal District and Florida Department of Business and Professional Regulation.

RV Campground Rules I. RV sites are not open to the public. 2. RV sites are used only during scheduled events. Only participants of the events

may use the RV sites. 3. Alcohol is strictly prohibited within the Campground. 4. Animals are not allowed in Campground unless permitted by Fairgrounds

Management Staff. 5. Showers are to be used by registered guest only. 6. Only one (1) hook-up allowed per site. 7. Backflow preventers are required on all water connections at all times. 8. Proper sewer connections are required at all times. 9. Applicant is responsible to collect all fees from participants of their event. 10. Fairgrounds Management Staff will count each morning and will confirm count

with the Applicant daily. 11. Fees are $20.00 per site plus 11 % tax for a total of $22.20 each for full hookup. 12. Fees are $15.00 plus 11 % tax for a total of $16.65 each for all dry camping. 13. Reconciliation for camping fees will be collected within 3 days of the conclusion

of the event. 14. A separate check for camping fees is required.

Fairgrounds License Agreement Initials

Page 2 o/3 3/11116

91

Exhibit B

15. Early arrival and late departure for events must be coordinate thru the Fairgrounds Management Staff @ 772-589-9223 and camping fees will be collected separately.

16. Reservations are not accepted for campsites.

Fairgrounds License Agreement Initials

Page 3 o/3 3/11/16 93

Fairgrounds Exclusivity Waiver Vero Beach Rocktoberfest Festival

October 21-23, 2016

I, Wayne Howard of Fully Involved Event Productions, LLC, hereby consent to Indian River

County scheduling Beachtown Music Festival for _another music themed event October 7,

2016, through October 8, 2016, which is within the 30 days exclusivity period for the Indian

River County Fairgrounds License Agreement for Rocktoberfest signed on May 7, 2016.

APPLICANT:

{,,-J <>.,~/'Jcr L Ii<...' f¥'<?0 frc.51~-::,vr (Pri111 Name & Title)

Fairgrounds Lice11se Agreemer,t

INDIAN RIVER COUNTY:

By+/~14-!""'9..,.......~,.._,4l!>...-'-'-..i.:::...~-=-1Rc ·R prcsentaf

~ lltllbelh W(,l)eJI Mn6Dv. (Prim Name & Title) I

Page I of 1

94

3/17/2016

Executive· Summary for Indian River County

Beach Town Music Festival

Basis Entertainment • Ccmmercial Ccnfidential 95

Basis Entertainment Executive Summary

Executive Summary

Basis Entertainment is pleased to provide you this exciting opportunity to host a country festival at Indian River Fairgrounds and Expo. This Executive Summary provides you an introduction into Basis' experience, partnerships, provides an organization chart of our team and productions under contract, and potential shows.

Experience

Basis Marketing is a music entertainment company, based primarily on rock and country music, featuring weekendlong festivals and single-day stadium shows in college towns. The festivals arm of the venture include an established, existing festival, and consideration will be given to establishing new festivals in attractive locations with appropriate infrastructure already in place. The management team currently produces the Tree Town Music Festival, an annual tour-day music festival in Forest

City Iowa, drawing more than 30,000 patrons over the Memorial Day Weekend. 2016 represents the festival's third year and features headliners including Sam Hunt, Miranda Lambert, Jake Owen and Tim McGraw.

Basis Entertainment, a company of Basis Marketing, focuses on creating a tour of college stadiums, in cooperation with the sports departments, on dates that dovetail with other commitments for the facilities. Such shows will attract audiences of 30-70,000+ each. On , August 27, 2016, Basis is producing The Back Porch Revival located Kinnick Stadium at the University of Iowa; the headliner is country music star and star of The Voice,

Augu_st Z7th, 2016 ·

Blake Shelton. Using Basis' proprietary marketing processes, we have sold more than 30,000 tickets in the first five days the event went on sale. For a complete list of our current and future productions, see Exhibit A.

Services

Basis and its partners are responsible for the production, including, securing artists, event set up and tear down, management, sponsors, insurance, etc. In addition, all events produced by Basis are promoted utilizing our proprietary marketing software, Fstvil, for promoting events. Fstivl is a turnkey solution of mobile apps and websites for large scale events. The Fstivl software and its toolbox allows attendees to gather 'information, purchase tickets, visit sponsors websites and use the mobile app features to stay informed and easily search for FAQ.

3/17/2016 Basis Entertainment - Commercial Confidential

Sponsor Logo

96

CONSENT AGENDA

To

Thru:

Thru:

From:

Date:




Joseph A. Baird, County Administrator :i Michael C. Zito, Assistant County Administrator

Mary D. Snyder, Library Services Director

June 8, 2016

.... ,~...,,,,-( ·.·"' , •. (~. '--:

Subject: Amendment to Fiscal Year 2015-2016 State Aid to Libraries Grant Agreement

BACKGROUND: The fudian River County Board of County Commissioners applies each year to the Division of Library and fufonnation Services for the annual State Aid grant. The agreement is part of the application, which expedites the receipt of funds. On September 15, 2015, the Board approved the State Aid to Libraries Grant Agreement and the Division of Library and Information Services sent notification the grant was awarded in the amount of $98,135.

DESCRIPTION AND CONDITIONS: On May 25, 2016, the fudian River County Library System received communication from Division of Library and Information Services there was a recalculation required after receiving revised information resulting in an increase in the amount previously allocated to fudian River County. The increase is to be at least $161.00.

FUNDING: The application is financial information only and requires no matching funds. In Fiscal Year 2014/2015, the grant was for $120,235.00. The estimate for Fiscal Year 2015/2016 was $98,135. With recalculation of new data, the new final State Aid to Indian River County Library for FY 2015/2016 is $98,318.

RECOMMENDATION: Staff respectfully requests that the Board authorize Chairman to sign the Grant Agreement Amendment (attached) and return to the Library Services Director, who will forward to the appropriate State Library office.

ATTACHMENTS: 1. State Aid to Libraries Grant Agreement between The State of Florida, Department of State and

fudian River County Board of County Commissioners for and on behalf of Indian River County Library.

2. Florida Department of State letter of February 3, 2016 Notification of Grant Award 3. Amendment to the Grant Agreement with Attachment B - Revised 06/06/2016 Final Grants


--=-BY--'----"µ: ~~ n_A jJ. &CU/);) Tfuseph A. Baird f County Administrator

FOR: June 14, 2016

Indian River County Approved Date

F:\Assistant County Administrator\AGENDA TTEMS\2016\BCC 06 JUNE 2016\BCC Memo -Amendment to Fiscal Year 2015-2016 State Aid to Libraries Grant Agreement.doc

97

PROJECT NUMBER 16-ST-22

STATE AID TO LIBRARIES GRANT AMENDMENT NUMBER .1. TO THE GRANT AGREEMENT

BETWEEN THE STATE OF FLORIDA,DEPARTMENT OF STATE

AND Indian River County Board of County Commissioners

for and on behalf of Indian River County Library

This Amendment is to the State Aid to Libraries Grant Agreement between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the DIVISION, and the Indian River County Board of County Commissioners for and on behalf of Indian River County Library, hereinafter referred to as the "Grantee."

The parties entered into a grant agreement dated 2/2/2016, for implementation of a State Aid to Libraries Grant. The parties now mutually desire to amend certain terms and conditions of the grant agreement.

In consideration of the covenants contained herein, it is agreed as follows:

I. All sections of the original grant agreement not specifically amended by this or a prior written amendment and all prior written amendments are hereby reaffirmed.

2. Section 1.b) of the grant agreement is hereby revised as follows:

b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payment to be awarded.

Payment 1, Deliverable/Task 1: • The first payment will be a fixed price in the amount of 100% of the grant av1ard

$98,140. The Grantee will have at least one library, branch library or member library open 40 hours or more each week.

Payment 2, Deliverable/Task 2: • The second payment will be a fixed price in the amount of $178. The Grantee will

have at least one library, branch library or member library open 40 hours or more each week.

Page 1 of 2

98

3. Section 5 of the grant agreement is hereby revised as follows:

5. Grant Payments. All gFant paymem:s are reqtiested by- stibmitting a GraHt Payn1:ent Req\:lest FoffA. The Grant Payment Request Form is a,,zailable on the DiYision's 'Nebsite 1H info.florida.gov/servioes for libraries/grnflts,leooperath•e/guidelines applications a-Hd furm.s/. The total grant award shall not exceed the amount specified on the "Fiscal Year 2015-16 State Aid to Libraries Final Grants" document (Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below:

a) The first payment will be a -WO¾ fixed price in the amount of the grat1t awa-rd as speeified in Attael-unem: B $98.140. Payment will be made in accordance with the completion of the Deliverables.

b) The second payment will be a fixed price in the amount of $178. Payment will be made in accordance with the completion of the Deliverables.

4. Attachment B, shall be replaced with the revised Fiscal Year 2015-16 State Aid to Libraries Final Grants list.

5. This amendment shall be effective upon execution.

This amendment is executed and entered into ------------------

THE GRANTEE

By: _______ ____ ___ _

Signature of Authorized Official

Typed Name and Title of Authorized Official

Witness

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

av __ ~-------OYLAN REINGOLD COUNiV ~TTOR".1c:v

DEPARTMENT OF STATE

Typed Name and Title

Witness Page 2 of2

99

Attachment B

Fiscal Year 2015-16 State Aid to Libraries Final Grants

Revised 6/6/2016

This table shows the final State Aid to Libraries grant that each eligible library will receive in 2015-16. For 2015-16, the available funding for State Aid grants is $22,298,834, which is 17.02 percent of what would be required for full funding. At this level, Operating Grants pay 3.04 cents on the dollar of expenditure by a participating library during the second preceding year. Operating Grants total $14,807,416; Equalization Grants total $4,616,375; and Multicounty Grants total $2,875,043.

COUNTY /MUNICIPALITY OPERATING EQUALIZATION

TOTAL GRANT GRANT GRANT ALACHUA COUNTY $478,610 $478,610 BAKER COUNTY $4,386 $49,174 $53,560 BAY COUNTY $61,746 $61,746 BRADFORD COUNTY $15,071 $337,173 $352,244 BREVARD COUNTY $460,400 $460,400 BROWARD COUNTY $1,723,290 $1,723,290 CALHOUN COUNTY $8,541 $193,266 $201,807 CHARLOTTE COUNTY $123,708 $123,708 CITRUS COUNTY $77,027 $77,027 CLAY COUNTY $60,934 $60,934 COLLIER COUNTY $220,248 $220,248 COLUMBIA COUNTY $16,054 $173,626 $189,680 DESOTO COUNTY $4,962 $54,760 $59,722 DIXIE COUNTY $4,620 $52,120 $56,740 DUVAL COUNTY $1,024,351 $1,024,351 ESCAMBIA COUNTY $135,469 $135,469 FLAGLER COUNTY $29,530 $29,530 FRANKLIN COUNTY $6,592 $72,549 $79,141 GADSDEN COUNTY $16,656 $369,086 $385,742 GILCHRIST COUNTY $3,458 $38,920 $42,378 GLADES COUNTY $1,366 $15,393 $16,759 GULF COUNTY $4,363 $48,175 $52,538 HAMILTON COUNTY $12,056 $270,304 $282,360 HARDEE COUNTY $5,029 $55,396 $60,425 HENDRY COUNTY $14,991 $163,861 $178,852 HERNANDO COUNTY $39,990 $377,874 $417,864 HIGHLANDS COUNTY $17,998 $183,098 $201,096 HILLSBOROUGH COUNTY $1,147,564 $1,147,564 HOLMES COUNTY $3,493 $39,467 $42,960 INDIAN RIVER COUNTY $98,318 $98,318 JACKSON COUNTY $10,451 $115,269 . $125,720 JEFFERSON COUNTY $6,700 $151,160 $157,860 LAFAYETTE COUNTY $4,024 $91,339 $95,363

::itate Ala rn uoraries llram A ree mem g

Chapter 1B-2.011(2){a), Florida Administrative Code, Effective 4-2015 Page 17 of 17 100


TOTAL GRANT GRANT GRANT

LAKE COUNTY $210,968 . $210,968 LEE COUNTY $702,507 $702,507 LEON COUNTY $184,255 $184,255 LEVY COUNTY $9,154 $100,696 $109,850 LIBERTY COUNTY $2,462 $55,965 $58,427 MADISON COUNTY $11,625 $261,368 $272,993 MANATEE COUNTY $195,018 $195,018 MARION COUNTY $162,077 $162,077 MARTIN COUNTY $103,869 $103,869 MIAMI~DADE COUNTY $1,353,774 $1,353,774 MONROE COUNTY $82,500 $82,500 NASSAU COUNTY $35,590 $35,590 OKALOOSA COUNTY $99,834 $99,834 OKEECHOBEE COUNTY $10,386 $114,231 $124,617 ORANGE COUNTY $953,268 $953,268 OSCEOLA COUNTY $196,683 $196,683 PALM BEACH COUNTY $1,230,021 $1,230,021 PASCO COUNTY $168,253 $168,253 PINELLAS COUNTY $834,455 $834,455 POLK COUNTY $311,069 $311,069 PUTNAM COUNTY $20,126 $211,835 $231,961 SAINT JOHNS COUNTY $149,719 $149,719 SAINT LUCIE COUNTY $103,152 $103,152 SANTA ROSA COUNTY $51,862 $51,862 SARASOTA COUNTY $305,567 $305,567 SEMINOLE COUNTY $165,014 $165,014 SUMTER COUNTY $64,120 $229,441 $293,561 SUWANNEE COUNTY $31,090 $481,987 $513,077 TAYLOR COUNTY $6,203 $68,729 $74,932 UNION COUNTY $4,148 $94,363 $98,511 VOLUSIA COUNTY $456,234 $456,234 WAKULLA COUNTY $6,433 $71,753 $78,186 WALTON COUNTY $21,412 $21,412 WASHINGTON COUNTY $6,612 $73,997 $80,609

State Aid to Libraries Grant Agreement

Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-2015 101

COUNTY /MUNICIPALITY OPERATING EQUALIZATION TOTAL GRANT GRANT GRANT

ALTAMONTE SPRINGS $12,110 $12,110 BOYNTON BEACH $72,488 $72,488 DELRAY BEACH $68,644 $68,644 FORT MYERS BEACH $34,250 $34,250 HIALEAH $38,223 $38,223 LAKE PARK $7,115 $7,115 LAKE WORTH $14,187 $14,187 LANTANA $5,215 $5,215 MAITLAND $18,324 $18,324 NEW PORT RICHEY $28,163 $28,163 NORTH MIAMI $27,917 $27,917 NORTH MIAMI BEACH $23,183 $23,183 NORTH PALM BEACH $22,162 $22,162 OAKLAND PARK $17,419 $17,419 PALM SPRINGS $21,633 $21,633 RIVIERA BEACH $21,419 $21,419 SANIBEL $45,723 $45,723 TEMPLE TERRACE $21,267 $21,267 WEST PALM BEACH $122,736 $122,736 WILTON MANORS $17,285 $17,285 WINTER PARK $76,497 $76,497

Total $14,807,416 $4,616,375 $19,423,791

Multicounty Grants HEARTLAND LIBRARY COOPERATIVE $450,000 NEW RIVER PUBLIC LIBRARY COOPERATIVE $327,356 NORTHWEST REGIONAL LIBRARY SYSTEM $350,000 PAL PUBLIC LIBRARY COOPERATIVE $350,000 PANHANDLE PUBLIC LIBRARY COOPERATIVE SYSTEM $392,990 SUWANNEE RIVER REGIONAL LIBRARY SYSTEM $350,000 THREE RIVERS REGIONAL LIBRARY SYSTEM $339,953 WILDERNESS COAST PUBLIC LIBRARIES $314,744

Total $2,875,043

Grand Total $22,298,834

-In FY 2015-16, Plant City is receiving funding as a part of the Hillsborough County Library Cooperative. -Indian Rocks Beach is not eligible for funding in FY 2015- 16.

Operating Grant amounts w ere revised in 6/ 2016 to reflect newly submitted local expenditure information.


Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-2015 10.2

RICK SCOTT Governor

February 3, 2016

FLORIDA DEPARTMENT of STATE f

Mary Snyder, Director Indian River County Library 1600 21 st Street Vero Beach, Florida 32960

KENDETZNER Secretary of State

Subject: State Aid to Libraries Grant Program, 16-ST-22

Dear Ms. S~ jJ\Oft\ Divisi~Ubrary and Info~ation Services staff have reviewed the Fiscal Year 2015-16 State Aid to Libraries grant application submitted by your library. I am pleased to inform you that your library has met all of the requirements of Rule lB-2.011, Florida Administrative Code.

Grant funds will be paid in one payment, which was requested upon execution of the grant agreement.

A copy of the executed grant agreement and a Notification of Grant Award are enclosed. Also enclosed is a list of the grants that libraries will receive during FY2015-16.

If you need additional information or clarification, please contact Marian Deeney, State Aid to Libraries Grant Program Administrator, at 850.245.6620 or [email protected].

Sincerely,

Enclosures

Division of Library and Information Services R.A. Gray Building • 500 South Btonough Street• Tallahassee, Florida 32399

850.245.6600 • 850,245.6735 (Fax) info.florida.gov

STATE AID TO LIBRARIES GRANT NOTIFICATION OF GRANT AWARD

Fiscal Year 2015-16

Recipient: Project Start Date: Upon execution of grant agreement

Indian River County Library 1600 21st Street Vero Beach, Florida 32960 Mary Snyder, Director

PROJECT ' ..

State Aid to Libraries Grant

*Catalog of State Financial Assistance

Grant Payment

PROJECT#· CSFA*#

16-ST-22 45.030

The grant payment will be requested upon execution of the grant agreement.

AWARD

$98,135

Florida Department of StateJ Division of Library and Information Services 500 South Bronaugh Street, Tallahassee, Florida 32399-0250, 850.245.6620

10

Project Number: 16-ST-22 Indian River County Library

Indian River County

STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN

THE STATE OF FLOR.IDA, DEPARTMENT OF STATE AND

Indian River County Board of County Commissioners for and on behalf of

Indian River County Library

This Agreement is by and between the State of Florida, DepartmenJof State, Division of Library_ .... _ . _ ..... and Infonnation Services, hereinafter referred to as the "Division," and the Indian River County Board of County Commissioners for and on behalf of Indian River County Library, hereinafter referred to as the "Grantee."

The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant"(CSFA45.030) by the Division in the amount specified on the "Fiscal Year 2015-2016 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement.

In consideration of the mutual covenants and promises contained herein, the parties agree as follows:

1. Grant Purpos·e. This grant shall be used exclusively for the "State Aid to Libraries Grant,'' the public purpose for which these funds were appropriated.

a) The Grantee shall perform the following Scope of Work as identified in Section 257 .17 Florida Statutes:

Manage or coordinate free library service to the residents of its legal service area. The Grantee shall: 1. Have a single administrative head employed full time by the library's governing

body; 2. Provide free library service, including loaning materials available for circulation

free of charge and providing reference and infonnation services free of charge; 3. Provide access to materials, information and services for all residents of the area

served; and 4. Have at least one library, branch library or member library open 40 hours or more

each week.

State Aid to Libraries Grant Agreement Pagel of 17 Chapter 1B-2.O11(2)(a), Florida Administrative Code, Effective 4-2015.

105

b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payment to be awarded.

Payment 1. Deliverable/Task 1 : • The first payment will be a fixed price in the amount of 100% of the grant award.

The Grantee will have at least one library, branch library or member library open 40 hours or more e;:1ch week.

2. Length of Agreement. This Agreement shall begin the date the agreement is signed by both the Grantee's Goveming Body and the Division and continue until all grant funds have been expended, unless terminated in accordance with the provisions of Section 29 of this Agreement.

3. Expenditure of Grant Funds. The Grantee cannot obligate or expend any grant funds before the Agreement has been signed by a11 parties. No costs incurred after termination of the Agreement shall be a11owed unless specifically authorized by the Division.

4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change.

For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building Mail Station # 9D 500 South Bronaugh Street Tallahassee, Florida 32399 Phone: (850) 245-6620 Facsimile: (850) 245-6643 Email: [email protected]

For the Grantee: Mary Snyder, Director 1600 21st Street Vero Beach, Florida 32960 Phone: (772) 770-5060 Facsimile: (772) 770-5066 Emai I: [email protected]

State Aid to Libraries Grant Agreement Chapter rn~2.011 (2)(a), F/01·ida AdministJ·ative Code, Effective4-20 I 5.

Page2 of 17

106

5. Grant Payments. All grantpayments are requested by submitting a Grant Payment Request Fonn. The Grant Payment Request Form is available on the Division;s website at info. fl orida. gov/services-for-libraries/ e:rants/cooperative/ guidelines-applications-and-forms/. The total grant award shall not exceed the amount specified on the "Fiscal Year 2015~2016 State Aid to Libraries Final Grants'' document (Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below:

a) The first payment will be a 100% fixed price in the amount ofthe grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables.

6. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form to the Florida Department of Financial Services, If EFT bas already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myfloridacfo.com/Division/AA/Fom1s/DFS-Al-26E.pdf. The form also includes tools and information that allow you to check on payments.

7. Florida Substitute Form w:..9, A completed Substitute Form W-9 is required from any entity that receives a payment from the State ofFlorida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Fonn w:_9 visit flvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division with the executed Agreement.

8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes:

Should the library fail to provide free library service to the public or to be open for at least 40 hours per week, It will no longer be eligible to receive State Aid to Libraries grant funding, and its funding will be reduced to zero.

First payment will be withheld if Deliverables are not satisfactorily completed.

State Aid to Libraries Grant Agreement Page3 ofl7 Chapter lB~2.0) 1(2)(a), Florida Administrative Code, Effective 4-2015.

107

9. Credit Line(s) to Acknowledge Grant Funding~ The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds. Any announcements, information, press releases, publications, brochures, videos, web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. ·

Use the following text:

"This project has been funded under the provisions of the State Aid to Libraries Gi:ant program, administered by the Florida Department of State's Division of Library and Infonnation Services."

10. Non.,allowable Grant Expenditures. The Grantee agrees to expend all grant funds received underthis agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures, which are available online at myfloridacfo.com/aadir/reference guide/.

Grant funds may not be used for the purchase or construction of a library building or library quarters. ·

U, Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes.

12. Unobligated and Unearned Funds and Allowable Costs~ In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, roles and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State E-:xpenditures.

13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Library Program Administrator, Division of Library and Infonnation Services, 500 South Bronough Street, Mail Station #9D, Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of$15.00 or five percent (5%) of the face amount of 1:be returned check or draft, whichever is greater.

State Aid to Libraries Grant Agreement Page4 ofl7 Chapter lB-2.011(2)(a),FloridaAdmi11isti•ative Code, Effective 4-2015.

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14. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional infonnation regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $500,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 257.41(3), Florida Statutes within nine months of the close of its fiscal year.

15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (S) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the fiveyear period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved.

16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts.

17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement.

18. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended in an intetestbearing account pursuant to Section 216.181(16)(b), Florida Statutes. Interest earned on such investments should be retumed to the Division quarterly, except that interest accrued less than $100 within any quarter maybe held until the next quarter when the accrued interest totals more than $100. All interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's Final Report at the end of the Grant Period.

19, Noncompliance. Any Grantee that is not following Florida statutes or rules, the tenns of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural) Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released.

State Aid to Libraries Grant Agreement Page 5 of 17 Chapter Il;!-2.011(2)(a), Florida Administi·ative Code, Effective 4-201 S.

20. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows:

a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds;

b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumuJates data in a different fonnat than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division;

c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget;

d) The name of the account(s}must include the grant award number;

e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and

f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre~audit and post-audit (such as invoices, bills and canceled checks).

21. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is ·dependent are withdrawn; this Agreement will be automatically terminated .and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly.

22. Lobbying. The Subgrantee. will not use any grant funds for lobbying the state legislature, the state judicial l;>ranch or any state agency.

23. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida.

State Aid to Libraries Grant Agreement Chapter IB-2,011 (2)(a), Florida Administrative Code., Effective 4-2015.

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24. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses o~ liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontraotor(s) for all expenses and liabilities incurred underits subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be consider_ed or permitted to be agents, servants, joint venturers or partners of the Division. ·

25. Liability. The l)ivision will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee ex.elude liability for its own acts, omissions to act or negligence to the Division.

a) The Grantee shall be r~sponsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section.

b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the 1imits of its liability by entering into this Agreemen.t.

c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement.

. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Gr1mtee may subcontract as necessary to perfomi. the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the DepartmeJ;1t prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.

26. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 19, Noncompliance.

27. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement.

State Aid to Libraries Grant Agreement Page 7 of 17 Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4,2015.

Ill

28. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will tenninate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement.

29. Tei'mination of Agl"eement. The Division will terminate or end this Agreement if the Grantee fails to fulfi11 its obligations herein. In such event; the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (I 5) calendar days from the date ofreceipt to cure its violation. If the violation is not cured within the stated period, the Division will tenninate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a methoci that provides proof of receipt. In the event that the Division terminates this.Agreement, the Grantee will be compensated for any Work completed fo accordance with this Agreement prior to the notification oftennination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section.

30. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or defaul.t or any similar breach or default.

31. Non-Assignmertt of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. TftheDivision approves a transfer of the Grantee's obligations, the Grantee shall remain liable (or all work perfonned and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights; duties and obligations of the Division to another govenunental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it: was the original party to this Agreement.

32. Required ProcurementProcedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grantassisted project in accordance with Section 287.057, Florida Statutes.

a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below:

1, Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do notrequire competition and may be conducted at the Grantee's discretion.

State Aid to Libraries Grant Agreement Page 8 of 17 Chapter lB-2.0 II (2)(a), Florida Administrative Code, Effective 4-2015.

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2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require infonnal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document.

b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document.

33. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or main:tain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes.

34. Binding of Successo1·s. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services.

35. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation ofSection 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement.

36. Severahility. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken.

37. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards ofSections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of 1990.

38. Governing Law. This Agreement shall be construed, perfortned and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida.

State Aid to Libraries Grant Agreement Page 9 ofl 7 Chapter lB-2.011(2)(a), Florida Administrative Code, Effective 4-2015,

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39. Entire Agreement. The entire Agreement of the parties consists of the following documents:

a) This Agreement b) Federal and State ofFlorida Single Audit Act Requirements (Attachment A), including

Exhibit 1. c) Fiscal Year 2015-2016 State Aid to Libraries Final Grants (AttachmentB)

The Grantee hereby certifies that they have read thjs entire Agreement and will comply with all of its requirements.

Date of Agreement: ___ --JE/o_-....;;; .. -=-~VLW-~·=~___.:·~ . .J,d~j=XJ{;~.~-:....;i(p=----------

2015.

er J.R, SMITH

~l.~~K CIRCUIT COURT

Typed name and title

9 ·Is· z..o) S Date

APPROVED AS TO FORM

:" '7}1['J!,µJ(J r;:.ilan Reingold · County Attorney


Department of State:

Amy Joh son, ir ctor Division Lib a . and Infonnation Services

. Departme t of ate, State of Florida Typed name and title

Page 10 of 17 Chapter IB-2.01 l(i)(a), Florida Administrative Code, Effective 4-2015,

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ATTACHMENT A

FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS

AUDIT REQUIREMENTS

The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Agreement.

MONITORING

ln addition to reviews of audits conducted in accordance with 2 CFR 2 Subpart F -Audit Requirements and Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on~site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.328 and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General.

AUDITS

PART I: FEO:ERALLY FUNDED

This part is applicable if the recipient is a State cir local government or a non-profit organization that has received federal funds awarded t!:rrough the Department of State. Exhibit 1 to this attachment indicates whether federal resources have been awarded through the Department of State by this agreement.

2 CFR2 §200.501 Audit Requirements:

(a) Audit required. A non-federal entity that expends $750,000 or more during the non-federal entity's fiscal year in federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions of this part.

(b) Single audit. A non-federal entity that expends $750,000 or more during the non-federal entity's fiscal year in federal awards must have a single audit conducted in accordance with 2 CFR 2 §200 .514 Scope of audit, except when it elects to have a program-specific audit conducted in accordance with paragraph (c) of this section.

State Aid to Libraries Grant Agreement Chapter lB-2.011 (2)(a). Florida Administrath•e Code. Effective 4-2015.

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(c) Program-specific audit election. When an auditee expends federal awards under only one federal program (excluding R&D) and the federal program's statutes, regulations, or the terms and conditions of the federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program-specific audit conducted in accordance with 2 CFR 2 §200.507 Program-specific audits. A program-specific audit may not be elected.for R&D unless all of the federal awards expended were received from the same federal agency, or the same federal agency and the same pass-through entity, and that federal agency, or pass-through entity in the case of a subrecipient, approves in advance a program-specific audit.

(d) Exemption whenfederal awards expended are less than$750,000. A non-federal entity that expends . less than $750,000 during the non-federal entity's fiscal year in federal awards is exempt from federal audit requirements for that year, except as noted in 2 CFR 2 §200 .503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the federal agency, pass-through entity, and Government Accountability Office (GAO).

(e) Federally Funded Research and Development Cente1·s (FFRDC). Management ofan auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part.

(f) Subrecipients a1id contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not federal awards. Section §200.330 Subrecipient and contractor detenninations should be considered in determining whether payments constitute a federal award or a payment for goods or services provided as a contractor.

(g) Compliance responsibility for contractors. Inmost cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with federal statutes. regulations, and the terms and conditions of federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structµred such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with federal statutes, regulations, and the terms and conditions of federal awards.

(h) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass-through entity is responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. The agreement with the for-profit subrecipient should describe applicable compliance requirements and the for-profit subrecipient's compliance responsibility. Methods to ensure corn pliance for federal awards made to for-profit subrecipients may include pre-award audits, monitoring during the agreement, and post-award audits. See also §200.331 Requirements for pass-through entities.

The Internet address listed below will assist recipients in locating documents referenced in the text of this agreement and with the interpretation of compliance issues.

U.S. Government Printing Office www.ecfr.gov

State Aid lo Libraries Grant Agreement Chapter IB-2.O11(2)(a), Florida Administratil'e Code, Effective 4-2015.

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PART II: STATE FUNDED

This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1). Florida Statutes and has received state funds awarded by the Department of State. Exhibit 1 to this attachment indicates whether state resources have been awarded by the Department of State by this agreement.

Section 215.97, Florida Statutes Single Audit Requirements

1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year ofs.uch recipient. the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Plorida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for~profit organizations), Rules of the ,;J.uditor General. Exhibit 1 to this attachment indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year. the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies and other nonstate entities. State financial assistance does not include federal direct or passthrough awards and resources received by a nonstate entity for federal program matching requirements.

2. In connection with the audit requirements addressed in Part II, paragraph 1 of this attachment, the recipient shall ensure that the-audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes and Chapter 1_0.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General.

3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, ar1 audit conducted in accordance with the provisions of Section 215.97. Florida Statutes is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97. Florida Statutes. the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such . an audit must be paid from the recipient's resources obtained from other than State entities).

The Internet addresses listed below will assist recipients in locating documents referenced in the text of this agreement and with the interpretation of compliance issues.

State of Florida Department Financial Services (Chief Financial Officer) fldfs.com

State ofFlorida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)

State Aid to Libraries Grant Agreement Chapter IB-2.011(2)(a), Florida Adminisll·a(iw~ Code, Effective 4-2015.

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PART III: REPORT SUBMISSION

I. Copies of reporting packages for audits conducted in accordance with 2 CFR 2 §200.$12 and required by Part I of this attachment shall be submitted, when required by 2 CFR 2 §200.512, by or on behalf of the recipient, directly to each of the following:

A. The Department of State at the following address:

Office oflnspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronaugh St. Tallahassee, FL 32399-0250

B. The Federal Audit Clearinghouse, electronically, at harvester.census.gov/sac/as designated in 2 CFR 2 §200.512

C. Other federal agencies and pass-through entities, in accordance with 2 CFR 2 §200.513.

2. In the event that a copy of the reporting package for an audit required by Part I of this attachment and conducted in accordance with 2 CFR 2 §200.50 I Audit Requirements is not required to be submitted to the Department of State for the reasons pursuant to 2 CFR 2 §200.50 I, the recipient shall submit therequired written notification pursuant to 2 CFR 2 §200.501 (d) and a copy of the recipient's audited schedule of expenditures of federal awards directly to the fol1owing:

, Office oflnspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250

A non-federal entity that expends less than $750,000 during the non~federal entity's fiscal year in federal awards is exempt from federal audit requirements for that year, except as noted i.n 2 CFR 2 §200.503 Relation to other audit requirements, but records must be available for reviev.r or audit by appropriate officials of the federal agency, pass-through entity and Government Accountability Office (GAO}

State Aid to Libraries Grant Agreement Page 14 of 17 Chapter 1 B-2.01 1(2)(a), Florida Administrati1•e Code, Effective 4-20 l S.

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3. Copies offinancial reporting packages required by Part II of this attachment shall be submitted, by or on behalf of the recipient, directly to each of the following: A. The Department of State at the following address:

Office ofinspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronaugh St Tallahassee, FL 32399-0250

B. The Auditor General's Office at the following address:

Auditor General's Office Room 40 I, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450

4. Any reports, .management letters or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely inaccordancewith 2 CFR 2 Subpart F, Audit Requirements; Section 215.97, Florida Statutes; and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.

5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 2 Subpart F or Chapter I 0.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General should indicate the date that the ,reporting package was delivered to the recipient in correspondence accompanying the reporting package.

PART IV: RECORD RETENTION

1. The recipient shall retain sufficient records demonstrating its compliance with the tem1s of this agreement for a period of five years from the date the audit report is issued and shall allow the Department of State or its designee, Chief Financial Officer or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State or its designee, Chief Financial Officer or Auditor General upon request for a period of five fiscal years from the date the audit report is issued, unless extended in writing by the Department of State.

State Aid to Libraries Grant Agreement Chapter lB•2.01 l(2)(a), Florida Administrative Code, Effective 4-2015.

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EXHIBIT 1

FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

Not Applicable.

COMPLiANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES A WARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:

Not Applicable.

MATCHING RESOURCES FOR FEDERAL PROGRAMS:

Not Applicable.

STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TH1S AGREEMENT CONSIST OF THE FOLLOWING:

SUBJECT TO SECTION 215.97, FLORIDA STATUTES:

Florida Department of State, State Aid to Library Grants, CSFA Number 45.030 Award Amount: Listed on Attachment B, Fiscal Year 20xx.-xx. State Aid to Libraries Final Grants

COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO TlflS AGREEMENT ARE AS FOLLOWS:

As contained in the Compliance Supplement to CSFA Number 45.030.

State Aid to Libraries Grant Agreement Chapter 1B-2.01 l(2)(a), Florida Adminisfl•ative Code, Effective 4-2015.

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Attachment B

Fiscal Year 2015-16 State Aid to Libraries Final Grants

This table shows the final State Aid to Libraries grant that each eligible library will receive in 2015-16. For 2015-16, the available funding for State Aid grants is $22,298,834; which is 17.02 percent of what would be required for full funding. At this level, Operating Grants pay 3.04 cents. on the dollar of expettditure by a· participating library during the second preceding year. Operating Grants total $14,807,416; Equalization Grants total $4,616,375; and Multicounty Grants total $2,875,043. .



ALACHUA COUNTY $477,719 $477,719 BAKER COUNTY $4,377 $49,174 $53,551 BAY COUNTY $61,631 $61,631 BRADFORD COUNTY $15,042 $337,173 $352,215 BREVARD COUNTY $459,543 $459,543 BROWARD COUNTY $1,720,083 $1,720,083 CALHOUN COUNTY $8,525 $193,266 $201,791 CHARLOTTE COUNTY $123,701 $123,701 CITRUS COUNTV $76,884 $76,884 CLAY COUNTY $60,821 $60,821 COLLIER COUNTY $219,838 $219,838 COLUMBIA COUNTY $16,025 $173,626 $189,651 DESOTO COUNTY $4,953 $54,760 $59,713 DIXIE COUNTY $4,611 $52,120 $56,731 DUVAL COUNTY $1,022,446 $1,022,446 ESCAMBIA COUNTY $135,216 ' $135,216 FLAGLER COUNTY $29,475 $29,475 FRANKLIN COUNTY $6,592 $72,549 $79,141 GADSDEN COUNTY $16,655 $369,086 $385,741 GILCHRIST COUNTY $3,451 $38,920 $42,371 GLADES COUNTY $1,363 $15,393 $16,756 GULF COUNTY $4,355 $48,175 $52,530 HAMILTON COUNTY $12,034 $270,304 $282,338 HARDEE COUNTY $5,020 $55,396 $60,416 HENDRY COUNTY $14,964 $163,861 $178,825 HERNANDO COUNTY $39,915 $377,874 $417,789 HIGHLANDS COUNTY $17,997 $183,098 $201,095 HILLSBOROUGH COUNTY $1,146,191 $1,146,191 HOLMES COUNTY $3,486 $39,467 $42,953 INDIAN RIVER COUNTY $98,135 $98,135 JACKSON COUNTY $10,431 $115,269 $125,700 JEFFERSON COUNTY $6,700 $151,160 $157,860 LAFAYETTE COUNTY $4,016 $91,339 $95,355

State Aid to Libraries Grant Agreement 121



LAKE COUNTY $210,957 $210,957 LEE COUNTY $701,200 $701,200 LEON COUNTY $183,912 $183,912 LEVY COUNTY $9,154 $100,696 $109,850 LIBERTY COUNTY $2,459 $55,965 $58,424 MADISON COUNTY $11,603 $261,368 $272,971 MANATEE COUNTY $194,655 $194,655 MARION COUNTY $161,776 $161,776 MARTIN COUNTY $103,676 $103,676 MIAMI-DADE COUNTY $1,351,255 $1,351,255 MONROE COUNTY $82,495 $82,495 NASSAU COUNTY $35,524 $35,524 OKALOOSA COUNTY $99,649 $99,649 OKEECHOBEE COUNTY .$10,367 $114,231 $124,598 ORANGE COUNTY $951,494 $951,494 OSCEOLA COUNTY $196;318 $196,318 PALM BEACH COUNTY $1,227,733 $1,227,733 PASCO COUNTY $167,940 $167,940 PINELLAS COUNTY $857,247 $857,247 POLK COUNTY $310,491 $310,491 PUTNAM COUNTY $20,125 $211,835 $231,960 SAINT JOHNS COUNTY $149,711 $149,711 SAINT LUCIE COUNTY $103,147 $103,147 SANTA ROSA COUNTY $51,860 $51,860 SARASOTA COUNTY $305,567 $305,567 SEMINOLE COUNTY $164,707 $164,707 SUMTER COUNTY $64,000 $229,441 $293,441 SUWANNEE COUNTY $31,032 $481,987 $513,019 TAYLOR COUNTY $6,192 $68,729 $74,921 UNION COUNTY $4,148 $94,363 $98,511 VOLUSIA COUNTY $455,385 $455,385 WAKULLA COUNTY $6,433 $71,753 $78,186 WALTON COUNTY $21,411 $21,411 WASHINGTON COUNTY $6,600 $73,997 $80,597


rh,.. ... + .. .- 1 IL-, n11 ["'}\/:,\ t::lnrir/n 1'.r/m;,,;-,trnti110 rnr/o



ALTAMONTE SPRINGS $12,110 $12,110 BOYNTON BEACH $72,484 $72,484 DELRAY BEACH $68,528 $68,528 FORT MYERS BEACH $34,181 $34,181 HIALEAH $38,215 $38,215 LAKE PARK $7,103 $7,103 LAKE WORTH ·$14,185 $14,185 LANTANA $5,205 $5,205 MAITLAND $18,290 $18,290 NEW PORT RICHEY $28,110 $28,110 NORTH MIAMI $27,865 $27,865 NORTH MIAMI BEACH $23,182 $23,182 NORTH PALM BEACH $22,161 $22;161 OAKLAND PARK · $17,387 $17,387 PALM SPRINGS $21,593 $21,593 RIVIERA BEACH $21,379 $21,379 SANIBEL $45,638 $45,638 TEMPLE TERRACE $21,266 $21,266 'WEST PALM BEACH $122,508 $122,508 WILTON MANORS $17,253 $17,253 WINTER PARK $76,355 $76,355

Total $14,807,416 $4,616,375 $19,423,791

Multicounty Grants HEARTLAND LIBRARY COOPERATIVE $450,000 NEW RIVER PUBLIC LIBRARY COOPERATIVE $327,356 NORTHWEST REGIONAL LIBRARY SYSTEM $350,000 PAL PUBLIC LIBRARY COOPERATIVE $350,000 PANHANDLE PUBLIC LIBRARY COOPERATIVE SYSTEM $392,990 SUWANNEE RIVER REGIONAL LIBRARY SYSTEM $350,000 THREE RIVERS REGIONAL LIBRARY SYSTEM $339,953 WILDERNESS COAST PUBLIC LIBRARIES $314,744

Total $2,875,043

Grand Total $22,298,834.

-In FY 2015-16, Plant City is receiving funding as a part of the Hillsborough County Library Cooperative. -Indian Rocks Beach is not eligible for funding in FY 2015-16.


124

To:

From:

Date:

Subject:

Indian River County Interoffice Memorandum

Office of Management & Budget

Members of the Board of County Commissioners

Michael Smykowski /l,1 5 Director, Office of Management & Budget

June 6, 2016

Miscellaneous Budget Amendment 019

Description and Conditions

The attached budget amendment appropriates funding necessary for the following:

Consent Agenda

1. Indian River County Libraries have received donations totaling $6,129. The attached entry appropriates these donations.

2. Capital Equipment purchases are necessary in Facilities Management, Road & Bridge, and Traffic Engineering. The attached entry appropriates funding in the amount of $25,522 from General Fund/Cash Forward Oct 1st and $107,869 to be provided from Transportation Fund/Cash Forward Oct 1st.

3. The County is in receipt of a request from the 19th Judicial Circuit to add 5 new analog PBX telephone extensions at the Indian River County Courthouse for recording systems being installed. The attached entry appropriates funding for this expenditure in the amount of $1,468 from Court Facility Surcharge/Cash Forward Oct 1st.

4. It has become necessary to replace the Air Conditioner at the North County Library. The attached entry appropriates funding from Optional Sales Tax/Cash Forward Oct 1st in the amount of $118,513.

5. The Condenser Fan Motor is in need of replacement at the Gifford Community Center. The attached entry appropriates funding in the amount of $955 from MSTU Fund/Reserve for Contingency.

6. On May 17, 2016 the Board of County Commissioners approved the Sheriff's request for $35,500 from the Law Enforcement Trust Fund to be donated to various programs and agencies, and to purchase a K~9 dog. The attached entry appropriates this funding from the Law Enforcement Trust Fund/Cash Forward Oct 1st.

7. On August 21, 2012 the Board of County Commissioners approved a local Jobs Grant for Florida Organic Aquaculture, LLC. The current amount due of $54,667 represents 6 of the total 9 approved payments. On December 6, 2011 the Board of County Commissioners approved a local Jobs Grant for Boston Barricade Company, Inc. The current amount due of $37,001 is the 6th of 9 total approved payments. Funding in the amount of $91 ,668 for these Jobs Grants will be provided by General Fund/Cash Forward Oct 1st•

8. On April 5, 2016 the Board of County Commissioners allocated $150,000 to pay for support consultants needed to proceed with grant applications for the creation of a pollutant removal system on the newly acquired land east of Osprey Marsh. The attached entry appropriates this funding from Optional Sales Tax/Cash Forward Oct 1st•

12S

Board of County Commissioners January 5, 2016 Page 2 of 2

9. On June 7, 2016 the Board of County Commissioners approved a modification of the EMPA Grant for the monetary incentive of $10,000 for counties that achieved accreditation. The attached entry appropriates these grant funds.

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

Attachments Budget Amendment 019 and Resolution

APPROVED AGENDA ITEM:

FOR: June 14, 2016

Indian River Count

Administrator

Legal

Budget

Department

Risk Mana ement

126

RESOLUTION NO. 2016---A RESOLUTION OF INDIAN RIVER C9UNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to theadopted 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 1n 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 _________ _ Bob Solari, Chairman

BY

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

«< ~ 6-d:TY ATTORNEY 127

Exhibit "A"

Resolution No. 2016-

Budget Office Approval: __ M ___ ~-'---~-....,f-__ ·~------"',;,---Michael Smykowski, Budget Director

Budget Amendment: 019

Entry Fund/ Department/Account Name Account Number Increase Decrease Number

1. Revenue

General Fund/Miscellaneous/Donations Main Library 001038-366095 $4,035 $0

General Fund/Miscellaneous/Donations North County 001038-366100 $2,094 $0 Library

Expense

Gen~ral Fund/Main Library/Books 00110971-035450 $4,035 $0

General Fund/North County Library/Books 00111271-035450 $2,094 $0

2. Revenue

General Fund/Non-Revenue/Cash Forward Oct 1st 001039-389040 $25,522 $0

Transportation Fund/Non-Revenue/Cash Forward Oct 1st 111039-389040 $107,869 $0

Expense

General Fund/Facilities Management/Automotive 00122019-066420 $25,522 $0

Transportation Fund/Road & Bridge/Automotive 11121441-066420 $44,748 $0

Transportation Fund/Road & Bridge/Communications 11121441-066450 $8,982 $0 Equipment-All

Transportation Fund/Road & Bridge/Other Machinery & 11121441-066490 $34,139 $0 Equipment

Transportation Fund/Traffic Engineering/Automotive 11124541-066420 $20,000 $0

3. Revenue

Court Facility Surcharge/Non-Revenue/Cash Forward Oct 140039-389040 $1,468 $0 1st

Expense

Court Facility Surcharge/Facilities 14022019-034690 $1,468 $0 Management/Maintenance-Other Equipment

4. Revenue

Optional Sales Tax/Non-Revenue/Cash Forward Oct 1st 315039-389040 $118,513 $0

Expense

Optional Sales Tax/Facilities Management/Other 3152201 9-066390 $118,513 $0 Improvements Except Building

128

Exhibit "A"

Resolution No. 2016-

Budget Office Approval: --:-:(l1-:--:----:-:~:-------;--:-~---:----;)--:::-:-_~-:--------=-...,_-----Michael Smykowski, Budget Director

Budget Amendment 019

Entry Fund/ Department/Account Name Account Number Increase Decrease Number

5. Expense

MSTU Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $955

MSTU Fund/Road & Bridge/Gifford Community Center-00421441-034610-10005 $955 $0 Maintenance

6. Revenue

Special Law Enforcement Trust Fund/Non-Revenue/Cash 112039-389040 $35,500 $0 Forward Oct 1st

Expense

Special Law Enforcement Trust Fund/Sheriff-Law 11260086-099040 $35,500 $0 Enforcement

7. Revenue

General Fund/Non-Revenue/Cash Forward Oct 1st 001039-389040 $91 ,668 $0

Expense

General Fund/Local Jobs Grant/Florida Organic 00111015-088026 $54,667 $0 Aquaculture, LLC

General Fund/Local Jobs Grant/Boston Barricade 00111015-088025 $37,001 $0 Company, Inc.

8. Revenue

Optional Sales Tax/Non-Revenue/Cash Forward Oct 1st 315039-389040 $150,000 $0

Expense

Optional Sales Tax/Public Works/Osprey Acres 31524338-066510-16022 $150, 000 $0

9. Revenue

General Fund/lntergovernmental/EMPA Base Grant 001033-334232 $10,000 $0

Expense

General Fund/Emerge ncy Grant/Othe r Operating Supplies 00123825-035290 $10,000 $0

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Joseph A Baird; County Administrator

DEPARTMENT HEAD CONCURRENCE:

DATE: June 7, 2016

('0,\ 1SF\'I

\Ca: :\Ill .\

SUBJECT: DiVosta Homes, LP's Request for Final Plat Approval for a Subdivision to be known as The Lakes at Waterway Village 2A-1 [PD-11-09-02 / 2004010124-755321

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 14, 2016.

DESCRIPTION & CONDITIONS:

The Lakes at Waterway Village 2A-1 PD is a planned development project consisting of 58 lots on 30.77 acres and is located east of 5pt Court and south of 53rd Street. The property is zoned PD (Planned Development), and has an L-2 (Low Density 2 up to 6 units per acre) land use designation. The density for The Lakes at Waterway Village 2A-1 is 1.88 units per acre.

On February 9, 2012, the county granted preliminary PD plan/plat approval for The Lakes at Waterway Village 2A and 3A PD project, which contains 129 lots on 69.7 acres. Through an administrative approval, The Lakes at Waterway Village 2A and 3A were reduce to 126 lots. The applicant is now seeking final plat for 2A-1, which is a sub-phase of 2A. The applicant subsequently obtained a land development permit and commenced construction of the project. At this time, the applicant has built 77.01% of the required improvements that serve the phase 2A-1 area, is proposing to "bond-out" for the remaining 22.99% of the required improvements, and has submitted the following:

1. A final plat in conformance with the approved preliminary plat;

2. An Engineer's Certified Cost Estimate for the remaining required improvements;

3. A Contract for Construction of remaining required improvements; and

4. A letter of credit in the amount of $757,332.24.

F:\Cornmunity Development\CurDev\Final Plats\BCC staff reports\20 I 6FPrpts\LakesatWWVPlat2A-I (75532).rtf 1 1.30

The Board is now to consider granting final plat approval for The Lakes at Waterway Village 2A-l PD.

ANALYSIS:

Some, but not all, of the required The Lakes at Waterway Village 2A-l PD improvements have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond-out" for the remaining 22.99% of required improvements (utilities, roadways, landscape, sidewalks). Public Works, Planning, and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The proposed security arrangement, which represents 125% of the estimated cost to construct the required improvements, has been reviewed and approved by county staff.

All improvements within The Lakes at Waterway Village PD will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required, through the certificate of completion process. In addition, a warranty and maintenance agreement will be required for the roads and stormwater improvements, prior to issuance of a certificate of completion.

RECOMMENDATION:

Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for The Lakes at Waterway Village 2A-1.

ATTACHMENTS:

1. Application 2. Location Map 3. Final Plat Layout 4. Contract for Construction of Required Improvements

APPROVED AGENDA ITEM: Indian River Co, Date

Admin.

Legal

Budget (,-8-1 b Dept. /.J ·-, II,,

Risk Mgr.

F:\Community Development\CurDev\Final Plats\BCC staffreports\2016FPrpts\LakesatWWVPlat2A-1(75532).rtf 2 131

INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION

Please indicate the type of application being submitted:

Conceptual PD Special Exception:

Concurrent Conceptual PD Special Exception & Preliminary PD:

Preliminary Planned Development:

Final Planned Deveiopment:

Note: For a PD rezoning please use the appropriate rezoning application.

PROJECT NAME: Lakes at Waterway Village - Plat~

Plan Number:'!!!

PROPERTY OWNER:

Divosta Homes, LP

ADDRESS:

l 400 Indian Creek Parkway

CITY, STA TE, ZIP

Jupiter. Florida 33458

PHONE NUMBER

954-415-0229

EMAIL ADDRESS

7 1?[)-((--(,C(-<Q

[email protected]

CONTACT PERSON

Gregory Pettibon

PROJECT ENGINEER: (PLEASE PRINT)

ARCADIS U.S., Inc.

NAME 208 l Vista Parkway, Suite 305

ADDRESS

West Palm Beach, FL 3341 I CITY, STATE, ZIP

561-697-7013

PHONE NUMBER

[email protected]

EMAIL ADDRESS

Kimberly Leser, P.E.

CONTACT PERSON

Project#: %:6::0 2f 0 t 01:-+-2-4 -

APPLICANT (Pl.EASE PRINT)

NAME

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

EMAIL ADDRESS

CONTACT PERSON

AGENT (PLEASE PRINT)

NAME

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

EMAIL ADDRESS

CONTACT PERSON

D,..,;,.,..,4 1,.. ... , .. - . "11ll1

X

1 132

n ... _ .. ,_~

TAX PARCEL ID #(s) OF SUBJECT PROPERTY: 32-39-16-00000-5000-00002.0, 32-39-21-00001-0010-00001.0 32-39-22-00000-3000-0000I .O

PROPERTY CLASSIFICATION(S):

Land Use Designation

L-2

Zoning Djstrict

PD - Planned Development

Acreage

30.77 acres

TOTAL PROJECT ACREAGE: --=3=0.,....7-'-7 _______________________ _

EXISTING SITE USE(S): Vacant - - - - - - - - - - - - - - - - - - - - - - - - -

PROPOSED SITE USE(S) AND IN1ENSITY (e.g.# of units, square feet by use): ___________ _

58 Single Family Lot Subdivision 1.88 units/acre

** PLEASE COMPLETE THE SUBMIITAL CHECKLIST**

The following items must be attached to the application:

If the applicant is other than the owner(s), a sworn statement of authorization from the owner;

Two deeds and a verified statement naming every individual having legal or equitable .ownership in the property; If owned by a corporation, provide the names and address of each stockholder owning more than l 0% of the value of outstanding corporation shares;

Two copies of the owner's recorded warranty deed; ✓

v:: A check, money order or cash made payable to "Indian River County":

Planned Development Request - Conceptual PD Special Exception less than 20 acres 20-40 acres over 40 acres

Preliminary PD Plan less than 20 acres 20-40 acres over 40 acres

Final PD Plans

$ 2075.00 2475.00 2575.00

$ I 150.00 1250.00 1300.00

$ 1400.00

+ I 00 .00 for each additional 25 acres over 40 acres

+ 50.00 for each additional 25 acres over 40 acres

For concurrent application fees combine the appropriate fees and subtract $400.00. F:\Community Devclopment\U$1!1"$\CurDev\Appli~tioos\PDAPP.doc 1 Paae2o£3

133

,/ Ten sets of complete Conceptual, Preliminary or Final PD (final plat plans must be signed and sealed by surveyor). Plans as per Chapter 915, pursuant to the type of approval being requested.

Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum lot width and size, street frontage requirements, setbacks, etc.), shall be clearly indicated by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sheet.

2 AeriaJs for conceptual or preliminary PDs

Itemized response to pre-application for conceptual or concurrent applications

/ 2 sealed surveys

3 sets of floor plans and elevation for commercial or multi-family buildings

Written Statement and Photograph orPosted Sign

for Final Plat's 0ulr

✓

✓

CONSTRUCTION COMPLETE- BUIL TOUT: (A) Certificate of Completion from Public Works or copy of letter to Public Works and Utilities

requiring inspection of improvements

IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC:

(B) Original Engineer's Certified Cost for Improvements (Signed and Sealed) OR

CONSTRUCTION INCOMPLETE ~BONDING OUT: (A) Original Engineer's Certified Cost Estimate for Improvements (Signed and Sealed)

COPIES OF DOCUMENTS TO BE RECORDED WITH TilE FINAL PLAT:

a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None

b. Property Owner's Association Articles of Incorporation or Statement Indicating Why Recording of POA is Not Required

AffACHMENT 1 F:\Community Developmcnt\U$a-s\CurDcv\Applicatio11s\PDAPP.d~ Revised Ja1111ary 2011 Pagc3of3

134

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NORTH RELIEF CANAL RIVER COUNIY, FLORIDA, AND A PORTION OF THE NORTHWEST ONE-QUARTER {N.W. 1/4) Of SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND THE

SOUTH ONE-HALF (S. 1/ 2) OF THE S0\/lll ONE-HALF (S. 1/ 2) OF SECTION 16, TOWNSHIP 32 SOOTH, RANGE 39 EAST, INDIAN RIVER COUNlY, FLORIDA '""' RMRCOU"1Y SHEET 3 Of 11 JANUARY, 2016

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/' --~•s ,,..,,.,.'ti~ -I ~..,,_,.. ,' 25.$9' I 3: l '1PLATTED %1 U~t f. 1'RACT B

JI I:? •... ormJCT7~1 ~~~~~~IRJ_3E. I wm UNE TR,..C, 7 I PU.Hfi.NCSIN>ft.AH~

EASTC~Y R/W LINE' ~ Of' ™'Cl 1 SCG'"C!~l l M. SlS..JKl. ~'iE. ~I wtST LINE -I.NfiDP.liNAi£ • or 51Si OOLIR"r I lt-0,AN!r.1.-'UtfA.~CO. .- :..,.....-OF '!PACT 8 ANHIOAD.RESER'\IA~

(ORB 2011! PG. 2196)

1

r I PlATCf'~U(}PUnfOR !r"' ,UTBOO(~PAQ;;~

...t.fPLATTED ]~ »o~=~O'ti ~! TRACT O

I '- .,., IIOO< >. ""' 1> UNDSEY ROAD ( 49111 ST ) : :~=~~~~Ai.cs~E. j~ I (80' PUBI.JC Ft/t(J0

• INWN ~MR COUNTY

I I PUTCJ'UHISNOPIJNfOR · ~ ~/W ~ - O.R.8. 707, PCs. f120: CO'ffl!Ol. ~0NUM°"! IJJ(l~.1.oCI l O.R.B. 12n. ~. 2.379 a: OJi'.8. 1951, PC. tl!:91) GPS 117

: : ~~ATICNi ! SOIJiH UNE OF I ~ NORTH R/VI LINE or '\ 1~~;;!~ jj PIJ,Tlro'.Z.PJG:25 I • RCl!lo\lNOER or l MCT? \ I \ ~INOSEY ROM> (49llt ST.) .

-------- -------- F-d-1=-,....,-,,-,-,,. •. ,, .. 1. _______ h- __ _t~~'._"~':.'.:~~'.1_ _______ _

l~·R ATT£0 N.W. V -1 Of

SE.CT!OO £2.. TWP. ~ S~ ACE ~9 E.

/ ' I " I "''lf DJl I 50.DO' I

~/~4 1.~~i~:~~::;~:.:~~; 1>c"$;,:.~4~·

.. ,,..,.., ,' ~',#'' 111.7 4' / / 't--'v

,, / '!' I ,, ' /~.,,.. / ,.,;,;,:'._;..,. -~"~

;Z ------=~r:~-"-WESTERLY R/W LINE. L-490.57' L OF -43R0 Jl',(NUE C8-S26'Jl 'li"W

/ "a• (O.fl.B. 1:193, PCS. 2221) CH•~&'

~~5~~. L.,109.4&' CB-=N15' 42'32"'E CHc<109.4-4'

Bf/'Ol~f4 P,Ut LB. #70e2 D..•22.04 NC\O

t;lf'efe1~ E 840737.25

!..flPLATTED N.W. 1/,1 Cf'

SECTION i2.. T'M». 32 S., R(:€ J9 £.

till![;_ E/tfl1RE' P~RTY LIES WrTHIN: FlOOD ZONE ')(" ACCORDING TO FLOOD INSURANCE: RATI. MN> ( flRM) NOS. 12061C02l l M -'ND 12061CD241~. OATr.: DECE'MBrn 4, 2012, 'NO 8'SE flOOO £U:V,lt.110MEST~HED

E).'S:1' 1/ • COA~ER OF • SEC. 21, TWP 32 S. RC£ .39 E 'i:

PLAT BOOK ___ _

PAGE _____ _

DOCKET NUMBER

THIS INSTllUMENT PREPARED BY • WILBUR F. DMNE P.S.M. LS-4190,

STATE OF FLORIDA ARCADIS U.S., INC.

1500 CATr!lfl/AY BOULEVARD, SUITE 200 BOYl'ITON B~CH, FLORIDA 33426

EB 7917 / LB 7062

REVISIONS

PW ,..,..._TION

~PERCDNNENT'S

R£oASIONS PER oot,11005

DATE SY I CK

10-<>1-,,r-..., I ""' 12-u-tsl w I WR> 01-2S-11r JN' 1 ¥!'FD

----------------- : -~=~r~_:__------~-:LA= i:;:~ :: _ _sa._,uu_ _~~~~~7~

'.lO' R/« - Pi P,8. 2, PG. 25 - S,L.C.R.) SEC. 21, TWP l2 S.. RGE: 39 _!

-+-~%~~::__5 --'i/ WF077402 SHEET 3 OF 11

I ca, :z: ! !l w

I: .....

~

_J_ _I_

i I I

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J;:

' '

LAKES AT WATERWAY VILLAGE PD • PLAT 2A·1 BEING A REPlAT OF A POR'TION OF TRACTS 1, 2 ANO 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST. INDIAH RIVER FARMS CO. PlAT OF LANDS ANO PlAN FOR lAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO TH£ PlAT THEREOF, AS RECORDED Ir-I PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, INOIAN

RIVER COUNTY, FLORIDA, AND A PORTION OF THE NORTHWEST ONE-QUARTER (N.W. 1/4) OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND THE SOUTH OHE-HALF (S. 1/ 2) OF THE SOUTH ONE-HAl.f (S. 1/ 2) OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIOA

SHEET 4 Of 11 JANUARY, 2016

\ \ ~ ', ,o· o.E. '-- 'LI, ;···, ~D

,__(0.11-ll, :i."32., ~ H MARK fl

\ PG. f;91!.) P.R.M. LB. f7062 : ,-""( [:""' . ':::J ,: ••

--+- - - ½ --- --lL • :24.Q'J~CVD - ~ - - - - - - - ~,

I YJ' l YJ' I \ ~L~~~1t~W LIMITS OF S89"47"27l: ::1~~2°1~0t· ~ , ' •~.,,,,, THIS PlAT .,. 50.00' _,_"'.'7:;rr L=385.96' (TOTAi.) \ \ --~--..:.::_Na:nrnn _J (RtWL} CB=N84'54'17'W

-1 I

1 1 \ Cl C"""'-) l 2 C6 C7 CH=384.93'

I \ L1 C2 C3 L3 C4 C5

I ~ 1 ' I u R,.1!IOOOO :,:

- - - - : - - - . -i-. - ~ 11 - - - - - - ~Y-VILLAGE PL.A-ct - - - - ~ - - - 0-~~~~~·;~;.~~~,agJ:,g~~l-sue1,,urrw. l W~~60• PRH',lE R/W~' ___ -~ - t.z18"203S· L••ooz .. •

___ H:1 CAHAi.. (~O~ _ a5•i ts7 1 _ --(i:--~~ lAAC1 •i,: Ne&' l l'::il'E \ ,...._4!} ~ CB•h'3-4 J6'u'W cH- ua20 g 30 ~ 1-1,lS[D PEii J ! I ' JOOO' l 5 ;5~1 QO

O.R B 197-4. P~E 1:.12 : I l L 1 N6Er?e'1,;• NBEin'5J't c~ c>. ~~ 10· u.E MURPHY RESERVA'rK>N __l_ @( I J 76 c,:, 27.u:, ti.I\

l! - - --20; ;CM~ ;~~ - - I - - .,...,- - ---r- ·"BflJ;\~~- - cl} ~~ '._UJ;.:. .::.-- .--

[

m E,o,SEDP[ll 1 1 - t 1 359& 1t.1' ..- 1 I I

(o Rs 1s6s PG. i9'10l \ I;:: 1~~ ,,sff-4JOJ~- ----t:WJr,47" TRACT ·osa· ; G ~ l o "" , 5 o !e 15 15• CUd101·2f1o"if I I g . 7 1 h ... 01·01:o•· l .J t o i ICI f R•25oo· OMM2 1 r,r ~ 5 · L .. Js.ro 38l

R ... 1580 oo· I Ii O l ~zflT.32'10" K81!'5•4'~J."£ HS.00' ,f W.S.E.-! ,.. ") CB>-N[r51l'57 "\\I @ I vi~"' w l•J8 19' ~ (RADt · l-" ? I~ !>" Ctt..J5.60'

A=25'10'51* .... 0 ta ::, : i;:~ .. ~2"26~2"W lg •o;> ® . ,._ I ~ ~I-::, ~ l!>V -4' ~"\Ir \~.OIJ·

L:::721 97' {TOTAL} ~ ee ~1 CH-.)HIJ ;.:; ~~;;i ll ~~s~ ~ _-di- -~ I 6•1*07'l>\· (AAO.) • . :::. J - • - L-- - ""-•~ •- ·- - ~ :.-,-~ . .,, -~ ... ~ L•3561' ~ _ :!j ... _o,... .

~4! ;f l Ml!'2T31t: BS.00' --:,-' 9 ~A- ~ ~

~

j I

\

\ ---

NOTE: ENTIRE PROPERTY LIES 'l4THII-I: FLOOD ZONE •x• ACCOROl.llC JO nooo INSVRANCE ltATE MAP (flRlol} N.OS. f2061C023JH ANO 12(M;1C02•Ht. DATE: Ef:CEt.lBER +. 2012, NO GASE. F\.000 U£YA110N ESTABUSH(O

. ·-REV1SIONS DATE

i"lAT PR(P~llOtl 10-01-15

REVISIONS ~ COt.lt.lENTS 12-1+-1.S RE'i'ISKlNS PlR COMMENTS 01-26-1&

S'P:,;fcfW.t..Tffi ht'l.l-tt,(;;).-0H TRa';T "L

CB=N06"5032•~ &1 ?)-~ ~ ~~~5 1~;!1 j ~1~ : f at=t-iO'os:on: ~ eiji'J

q•h=715.70 ~:~ S'J9" 2'11'E 135.00' ~ :!1:i ~ GH•~.~tw'18'20"E 13S.OO' ~_,eo· i - . I §:t .... ;l . ... {"'-

1 • ,!, I :;:>-;,~~;:, ,_,,.,.,.,.. { .. O.) ~

; TR/1_;,T"ClS I:~" ~I..... ~ 8 _8oof:f~ ~ ~";.-,~;:"!I •. .-i~~l~ L•-6429' I I I ~ IJ;:: • J;, ~;;1",;!j ~ ~ ;:;~..; ~ g,:,~ )4 C-l!=N1"-42'12t: • ,-, ; , 2:~ ti ~! i-! 5!~",;' I ~ffi ~ 0 • _, 1 CHe~?~ ~~eo l ~)i ji ""' ~f,J • ~ 851 i:8::e>: ;_ i 10' UE 36L ~,~i

!Sl..f::SO_f" '-,'/ATER.WAY ~I ~·~ '"""~ "'"' ' -..;;; I j .:; I ® ~~.:;~ VfllA\1E Pfl ... PLAY •t I <.11 , • .~• (~.) I : I ~ I (RAO) 0

" ! . •.. -. t'G:i. ___ :, ; I , I ?O ll.E. ~ .... ~,... • _.i.i I _ r , f 58717'15'[ ll:500' 1 LIMITS or: r-<0-R,B. 2-tJ2, ~ q ~:;! ® _;;-:.._::r:.... -<l ci - - - -·- - -·-

THIS PLAT l 11 t>e.

896J !!iJ ;~~~I ! ~

1 60' ~ ~Jl.) J,....,JiiI :::,

J

------: I ' --- - ·-·- ·-(SQ:~60,11)

! JO' Jo'

l _ _J_

BY CK

J" Wfll

KJ--i " " .., Wf1l I "' WfD

S~LE: IN = 30'

: H!l5"J:.nrw 1Js.oo· ~ !

/ R'? r ~e I 10" l/.f. _ .....,.

1--{0.R.6. 2{.3,2, I c ,1 Pc. t 96) ~ t:!

/ ~ \ l?

-!._

.!. ... o:r ui'J3' l•7.M" CB•N4' l n 7T. CHz7.89'®

6=-00"15' 11· L. .. 7,89'

CB- N4' 12'JO"E (:H• 7,89'

THIS INSTRUMENT PREPARED BY • WILBUR F. DMNE P.S.M. LS-4190,


1500 GATr'NWAY BOULEVARO, SUITE 200 BOYNTON BEACH, FLORIDA 33426

EB 7917 / L8 7062

L1 ;:, ii L4

~ •zo'H"E 1-49.'70' {TOTAL)

16.49'

~ 67.-:M'

67.'r\

PLAT BOOK ___ _

PAGE _____ _

DOCKET NUMBER

l£CEND: • - 5fT PCR~ EtlT RffEil[ r,.i::[

MmlUM[N1, LB. 17052 • - FOUNtl P[l!MAN(Nf R[ FERENCE

MOHUttENT. Ut #7002 o - SET 5/8' l~N ROD WITH CAP, L.B. #70~:1. " - rout.o PERMANENT CctJTii<ll POINT, l.8. #7052 • - PDhl.AN[Nl CONTRct. POINT Ii. - CE~TRAL ANGl£

B.E. - BUFHR [AS(UEffi' CB - CHORO 0U.RINC CH - CHOOO OISUNCE (l - CHHERUN!

o.e. - ocrn BOO!( O,E. - QAAIN,l,Cl f>SC~OO El . - ELEVATION l - ARC LENG™

LA[ - LIMlltO K:C-ESS cASEMCNT LS.E. - VNDSColP( USEl,IENT N.I.VO - NOR'IH M-4ERIC#t VERTICAl. OATUM NCND - No\T!OtW. GEOOCTIC ~Rll!'.AI.. °f)Ail,11,1 (N.R.) - NOT RADIAIL N.T.S. - NOT TO SCALE O.R,B. - OFnCI/\L RECORD fK>C«

OS - OPtN '¥'ACE P.B. - PLAT BOOK PC - POINT or CURVATURE P.C,P, - PER1,1.1N[NT CONIROL POINT

F'I - F'OtlT Of INTERSCCTIDN F'GS, - PAGES

P.o.e. - PONT or BEQ.NNtNG P.0.C. - POINT Of Cot!t.!ENCEMtJff

PRC - POtllT Cf REVERSE CUR'IIATIA: PJU.t - P[ RIMNEIIT ~Ef'ERCNC[ MctllMCNl P S_l,j - PllOFESS'ON& SIJIMYOR N,11J WPPER

PT - POINT Of TA~ i,,cy R - RAtllJS

RP - RADIUS POINT (R.\D.) - R"°"1. BrAAINC R/W - RIGHT - Of- 'HAY

S.L.C.R. - Sl _ WCI[ cnuNrY RECOROS Ml. -TYPICAL LI.[ - UTUTY EASCt.lHfT

W.S..E - 'WATER ANO SlWER [AS[l,IO,IT

~ - ADJACENT LOT NUMBER

~ - LOT NUMBER

WF077402 SHEET 4 OF' 11

I I ~

:·:>

:;: QC

LAKES AT WATERWAY VILLAGE PD - PLAT 2A-1 PLAT BOOK ___ _ NOTE: Ef,"11t( P~[RTY l(S WtTl-fN·

R._00D ZONE '"X" ACCOF:01N¢ TO ruxo N'SUAANCE llo\TE: ~ (FIRM) NOS. 12081~02].}H N() 12!J61C0241H, D,,\TE: D£.CfldetA 4, 21l1:?, NO ~( FLOOD ELEVATION ESiABUSH£0

BEING A REPLAT OF A PORTION OF TRACTS 1, 2 AND 8, SECllON 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PIAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING 10 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, INDIAN

RIVER COUNTY, FLORIDA, ANO A PORTION OF THE NORTHWEST ONE-QUARTER (N.W, 1/4) OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND THE SOUTH ONE-HAl.f (S. 1/ 2) OF THE SOUTH ONE-HALF (S. 1/ 2) OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA

PAGE ____ _

DOCKET NUMBER

I R• 1530.oo' 6= 14·21·12· L=385.96' (TOTAL) CB•N84.54'17"'11 CH=364.93'

'lb ------r'.'_. -- -j• ~

ii 1")

fl"-14$0.00' 6=0/f12'1!1.

l •15(L11' Is :l/

"'1

k! STORM~~ t~:JEMENT

~1:- • I . , r~ N85'51' t;ll 'W IJ5.00' 4 W.S.[,n

1 700 ACRE:S .f.

~-196000 A=Ofi:'42'4cr L•?.!957' (101.14..)

i thM00'5854l: ~ c:.i - 22e,_44' -----

LEGENO: • - SET PEP!M.1.N(NT R[f[ ~[NCE"

MONUI.IEITT, LB. f7062 ts - FOONO P[Rw.NOO REFUIOCC

'-'ONUl!lNT, LB. #7062 o - SCT S/f/ IRON ROO wmt CNl, l.,B. #7062 .&. - Fo.rnD PERWNENT CONTROL POJN'I, L.8. #70~2 • - P[RM.I.Nf;NT OONTROL. POINT 6 - CENfflAt .I.NCH:

B.E. - BUfFIR USfMCNT CB - GHOll'.O BU,RJHC CH - CHC-Rf.l DISIAHC[ ll - CEHT[RLINE

O.R. - DEED BOOK D.L - oru.J~E U.SEMENT EL. - EI.EV~TION L - AAC L1~1H

~At - UMIT(D ACC[S$ V,S[MOO L.~.C. - tANDSUPE EASEMENl N.1.\/0 - IU'.lRTH AMEJl:IC.,,~ \lrimCAL DATIJ~ NGVD - ~ HONAI.. CEO['J[l f(; l;'[lmCAL OAR™ (N.R.) - NOT RAOl.oJ.. N.T.S. - NOl lO SCALE O.R.B. - oFricw. ~tCOPO BOOK -~ - ~~-5!'~~[

:.t~ 8 ~

7.0f ,. e,!'

it ~a ~;~~~(11

@ CEI-SO'J.:r1-4"W-+

SB~~Ng~ 1J5.~·-26

.J-I' :

(SEE~ 7 <$1')

P.8 - F>tAT BOOK PC: - POtNT Of' CUINATUR'f P.C.P - PCRI.WENT CONlROL POINT

Pl - PotNT OF INTERSECTDN PCS; - PACES

P.O.!I. - POtNI Of BEG1NNING F'.O.C:. - POINT Of COt.lMP.NCEIACNT PRC - POINT Of RCVERSE CU~ATIJRE

P.R.U. - P[R!MHENT REJ'ERCNC{ MON\NtNT

R--21O.OO' ,6•80 '17 '10•

l•29'4,26' (101>-L} CB•S35' '59':!-S"E

CH•270.77'

P S.l,l - Pf!OITSSIONAL SURVEYOR .!,ND ~APPER Pf - POIKT Of 'JMIGENC'f R - RADILIS !lP - Ji'AOll}S POINT

(RAt>.) - RADIAL 8EAAlNC 'R/YI - R,GHT-Of-WAY

S.l.C.R:. - ST, LUCIE oo.mrr FlrCOROS TY'P. - r-tPICAI... U.[ - urun' rJ,SEMOO

W,S..C. - WATER AND SEWER U&:11.ENT

® - IIJlJACENl LOT NUMBER

~ - LOl NUt.181:R

REVISIONS [)A~ I BY I CK 'PLAT PREPAA.IITION HHH-15 1 JAf I WfD RE\IIS'IOKS PER COMM[NTS 12-H-15 1 JAF I R

~SIONS PF;R Cot,IM[NTS 01-26- 1151 J~ I 'M'O ~

SHEET 5 OF 11 JANUARY, 2016

S85'5l'01t so.oo·

R- 160.00' ti- 80'17'10"

l "'1.2• .?.0" (lOTAL} C8- SJS59'36-C

CH- 206,30'

., I

.. j

S04'08'59"'11 17.71'

:-~c~:~

---... ,~()-:,~·

' <~t:>o,>. t.l

~~i:(1• / .,,, '-,J_

Ut, .. f't../ TTF. S 1 .:·: -~-,:. S l.<'.'.

? :-;__, !.'";: ~, :;:.

THIS INSTRUMENl PR£PARE0 BY , WILBUR F. DMNE P.S.~. LS- 4190,

STATE OF FLORIDA ARC/,OIS U.S., INC.

1500 GATrWWAY BOULEVARD, SUITE 200 BOOOON BOCH, FLORIDA 33426

SCALE;: 1·• • 30' EB 7917 / LB 7052

NORTH UNE

~~~1, __

200' RIGHT OF WA'/ [ ASf.MENT lfl f>SED ?ER

(O.R.B. 1 ~SfJ PG. 940)

i1

-~

I I

-~f -- - -+- --~.I 2--~ -- --+-- I -,- -

--- -----+- --_:_ -I EAST L~ E

or ""'" ,---.._i ,, I ~I -,

- - --1,·- - ...L

R=25.00' 6=93"16'35" L=40.70' CB=S79.40°56"'11 CH=J6.35'

'l i\.'.GT 1

J:i -" ~~ I §: lg ~ 1c. ~ 1"' ; ,i ~ I

I I

~t.nor~ ~'.\. T\',lf', .' , . s... RGE ~•9 E. n·::)I:'·.,1 mv1::R r .- rt:.:..=. l;O.

Pl.Al (,/:' :..,A~i>S A:,;u Pl. A~ F--~r?

R=25.00' A=9J'16'35° L=40.70' CB=S0702'28"l:

:...· •n OR-'?;-1.t-.GE A:,::. R•vi.i.D !<ESERVAll<'t S

l'l.AT ~:,..: ,: i , ;,AGE ?.5

CH=36.35'

R=899.80' 6=1 9' 10'•9" L=301.22. (TOTAL) CB=S23'27' 1 •'W CH=299.81 '

(sn: sm:n 1 er 11)

CLW'l't'E JABLI cc.... ... us DELTA lEN(;lH ewrNo CHOli'D

ca 25.00' 96' 1 ·20· -42.-84-' N'5l'14·0s· 3,1.7 '

"" .?:'UlO' 1!'o~rar J4.07' 534·53•35"[ 31.49' ClO 25,00' rr, ·10' ,D,73' t-'71"40°Cl'1° 3u.r Cl1 959.80' 0'3( '46" 9.71' 'SJ9'18'27itl 9.71' C21 25,00' 1'1 1'1 '0.3' .35.43' N.56' ?'0.3"W 32.~· C22 ~5.00' 10r~ ·1r 44 ,87' 'S5S'J.4'05"W l9,QQ"

C23 .llt'l"'iof~R• ·' " 3' N6 '7,4 ' C>J 1460.00' 7.Sll'43"' 76 .33' "'96' 11'45'W 76.32'

c" as.oo· sr11·w· 25.J9 !.4-757'05"[ 24,.32' c,z 25.oo· A• 571 7'16 25.0)' S51'38'30 23.11'

Wf077402 SHEET 5 OF 11

l I ~

( .:,

I: \CP

LAKES AT WATERWAY VILLAGE PD - PLAT 2A·1 BEING A REPLAT OF A PORTION OF TRACTS 1, 2 AND 8, SECTION 21, TOWNSHIP 32 SOUlH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, ~ RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, INDIAN

RIVER COUNTY, FLORIDA, AND A PORTION OF THE NORTHWEST ONE-QUARTER {N.W. 1/4) OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 W T AND THE SOUlH ONE-HAlf (S. 1/ 2) OF THE SOUTH ONE-HALF (S. 1/ 2) Of SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INOIAN RIVER COUNTY, FLORIDA

SHEtT 6 OF 17 JANUARY, 2016

THIS INSTRUMENT PREPARED BY , WILBUR F. DMNE P.S.M. LS-4190,


1500 GATEWWAY BOULEVARD, sum: 200 BOYNTON BEACH, FLDRllll. JJ426

EB 7917 / LB 7062 m

-;:--,.,-,,m- - -,i... [11.<0) ,,,_.,. - - --

;~; • • ~ r f3 @ _:f:£~~' ~ 2~~~1 i jltf

-·-·- ~·- -·-·----·- - -- , -(~SfiF:0--4Cf' If)

I

,,;/

' ----, ' ' I

f · ,rt~cr ~,-s1.;v v-- srn<&NATER _/: M!•-1~.GIJi;;l'iT --- '

TRACT 'Ul~ f

,/ , I / !SlES ::.)F' 'NA'i'(RWAY

1 1

~- Il~~GE ffi. ·; ~~ • 7 IC~ : ,·., .. --, •·· ... -... '' /------------ -~-7

:·7 - -r·w·-. Jo· Ho.R.~.f~f.J - ·

!. : Pc, a9aJ i.

-;,,_ li: - ~ e:~ 5 tt~ : if cJ/ui£ ~,'iS

1;;;1_,· r,"' ;;,k; ff I J TRACT ·osl'·

/- ----~ -- -- .. ./ ,, I

/ R= 1580.00'

f @

I I , f .. ---- --

( a.,.&126'?.,0

~~0.00' se.:r!.G'O.:'.o"f!.

' 4-26'10'51" / L•50$.6~' (TOT-'!.)

I CB .. SJ5'5.J"Sg"'[ ~)

1,s.no· \ I

@

~~'l9'-46~ '"·~·

I -;,~/~ g~,;

- :,i 7/i s:

,!,z4,1.•Jo'10" ~ C6=51~; ; .~·i1,?~~

@ CH~ J0 • .5!!i'

/ L=721.97' (TOTAL) , CB=N06'50'J2"[

) CH=715.70'

I CHoa-4!'>~.0!!' ,

lt~\ / ""'' Ili';,Q: ½~

' \ . 11,;'f"'" .. ,,pt'f) Jf Jo• 1'01'.,iL)

-- -- - - - - _ '\ 6"355]'1 4' - .._ CH .. 132.77• ,~.._~ l-2~05'

) WAITS OF __ /

/--1!.IS PLAT/

l---... ·- ........ _...) , ,

!

TRACT "0S'3" /

,L _ _ {StI HD r. Of' '1)

NOTE: ENTIRfPROPEffi LIES. 'Nm!IN;

FLOOO ZONE "''t.:" ACCOROl~G lO FLOOD INSURANCE RATE 1,1,1.p (FIRM) NOS. 12061C02J.3t.l AND 12061C0241H, DATE: DECEMBER •. 2Ct2, NO W E" 11.000 t lM,TION £STABLJSHED

RE\<1SIONS DATE I BY PlAT P'REPAAATION 10-1-1S I JN REVISIONS PD COMMfllTS 112-i.~15 J ,N

fi£'*.ilONS Pm COMMOl?S 01- 26-161 JN

CK WFO

llfO

'""

I

f (2COL-, ~ -

,1-._;;: ____ / ---~it

/ ll:4J'24';:- -f L"' -4i •---.. ----...

/ C8• ~i' J6'4Cl~~ / R .. 6500 CH• 4&08; Y l - 14767

d•J"Jll '41' l• l00.97' CB'"'H 1 8'06'07't CH• I00.9~'

d• 1J0'09'5o" Cl!z SBYOl'll"W CH,. l 17,90'

,i .. :;eo.oo' .!." 80'2!1'25"

l.,.5<J5.6Y (TOTAL) ce .. SJs·s:=.'::,s't

CH,.465.08'

~ '77~ ~ ~';;4-'<• ~ '!~.,,fw,..

•q,. ,,,

@ ti~

~ :...8' ii. ,.

(#'

~):i;~?r C,i,,~~~!-

"',.6.~ #--:. ce .. s:~~~~

,.,;:;--., f =:-il.•.5=>'::>101 • " ~ - -l • 11i''HI' ~ cs- ssa-11•~-4t ~/ ~ CH- 101.e:r -: J;:; ""(}' ~1· if

-cs6.Jo,o{''" ~, /JI "''-"0 /~

I

~ j r SC/\LE: 1" = 30'

PLAT BOOK ___ _

PAGE _____ _

DOCKET NUMBER

LEGEND: • - SEI PERMANENT RU[Rfl\C[

MONWENT, Ui f70fi2 q - FOUND PrnfAANENi REH~ NCE

MONUM(NT, L.8. #7062 o - SET 5/6" lf::ON R<lO 1111™ c.,.r,, l.8. #7D62 4 - FOUt-40 P[Rl,IANENT C0"'1ROI.. POINl, L B. f7flfi2 • - PERMANENT CONTROL P()lNT II - c:El•lTR/11.. ANGLE

B.£. - BUffD? [.1,5,EMENl CB - CHORD SrA~NC CH - CHORD OISlNiC( ~ - CENTERLINE

0.B - DEED BOOK O.E. - ORAINAG£ U,SEM£NT El - El~,._tKl'N L - ARC LENGTH

tAC. - ltijfT[O ACCESS UIS(MENT L S.E. - lAADSOV'E OOEMENT k,l,V[) - NORTli A\l!:RICAN V(k'lrcq O,l,l Ut.l NC',ti - NATIONAL Gf.OOETIC VER'TlC,l,l D.\TIJM (N,R.) - NOT lb\DW. N.T.S. - NOT TO SCA.[ ()Jl.B. - DfflOAL RCCO~D 8001(

OS - OP£H SPACE "-B. - PL.AT BOOPi PC - POINT OF Cl~Tt.ffl:

P.C.P. - PERIJAN[NJ CONTROL POIITT Pl - POINT Of IHT[RS['C.OOr-.'

PGS - PAGES P.0.8. - P<lM Of flHlJNtJJHC P.O.C. - P(llNT Of COt.lMENCCI.IOO

PRC - PCM or Rf)l(RS( CUINA.11.ll:E PJU.i. - PERMANENT RHER(NC( 140NUM[ITT P .S.lf. - PROF!SSl(»W. Sll~ ANO \IAPPER

Pl - POINT OF lMtGDJCY R - RADJUS

flf> • RADIUS POiNT (RAD.) - ft.i,Dl,ll BEAAING R/W ~ RIGHJ- Of- WA'I'

S.L.C.R. - ST. LUCIE COUMTY RECORDS T'I?. - TrPr.AL U.E. - Ul l in' U.S.EMEN'I

W.S.C'. - \\IATER 00 SEWE.lii fAS[M(NT

~ - ADJACENT LO'J NULlB[R

~ - LOT NUMBER

! ' K -I -... t,j

.. ~ 0

LAKES AT WATERWAY VILLAGE PD • PLAT 2A·1 BEING A REPLAT OF A PORTION OF TRACTS t, 2 AND B, SECTION 21 , TOWNSHIP 32 SOUTH, RANGE 39 EAST, INOIAN RIVER FARIAS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE ANO ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, INDIAN

RIVER COUNTY, FLORIDA. AND A PORTION OF THE NORTHWEST ONE-QUARTER (N.W. 1/4) OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND THE SOUTH ONE-HALF (S. 1/ 2) OF THE SOUTH ONE-HALF (S. t/ 2) OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA

F·----R-1960.00' t.=06'42',4(1· L, .. Z2.Sl.~1' (TOTJ,L) CB .. lf00'68'54"E Cll-229.44

I "'lie, ; :1 e/..; s 1 '1 ;Jj :,,

M +-/';'.

l + \

llil!L

STORMWATER MANAGEMENT TRACT "L12"

1.700 ACfltS .i:.

R..-40.00' 4=80'28'2~· l• 5S.18' CB•S35"5J'5B"E CH-~i:68;

si~~'.''t i~ I>·'; e I. i,g

#iJ1

HfllRE PMPERTY LIES WITHIN;

nooo ZONE ")(· ACCc.RDING JO n.ooo INSI..IR/\NCC RATE WP (FIRU) NOS. 12061C023:111 --NO 1206!C0U11-1, ~ TE; OECt~Bm 4, 2011, NO BAS[ '1000 El.£VAT10N EST.-.SUSHEO

~ 60.00' A ... 1J6"45'06~

l • l •J.21' ClJ,.NJ.:,'2 11'111ii"~

c..~ 111.~·

RE"1SIONS OAT[ [evTci< PI.J\T PREPAAA.TXlN 10-1-,!il JJ,,F IR

P:EVISIONS PEFI COMMENT!i 12-14-151 JAF I Mll

~ SIONS PE~ COWEl"TS 01-211-u:il .w: I wrn

-r-·

SHEET 7 OF 1 t JANUARY, 2016

THS INS!R\JMENT PREPARED BY , WILBUR F. DMNE P.S.U. LS- 4190,

STATE or n.0RIOA ARCA~S U.S. INC.

1500 GATEWWAY BOULEVARD, SUITE 200 BOYNTON BEACH, n.0RIOA 33426

EB 7917 / LB 7062

CURY( --a,

C24 rn Qi

~ T SCALE: I • ... 30'

R~B99.B0' h=19'10'49" L- 301.22' (TOTAL) CB=S23'27' 14 "W CH- 299.81'

mAc1 - i Sl:CTIO,~: 2\ ·rv.'P, . :,, S., RGf :;_;, E. Ti1')!ft: .tI\-t'R: FA."':!.il$ C(,,

!-'i •. \T {,f L·\ '._')$ NiO;-,_,'-_:: Ft-;~

CSU: SHW 9 OF 11)

Ll•NO ~AINAGt t-•~ RJAD RfrERVA.TIC-~'iS

P'~AT B-00'\ .. :, ~.f.GE -;,._:,

PLAT BOOK _ _ _ _

PAGE _____ _

DOCKET NUMBER

LEGEND: • - S£T PHlt.lAN[kT fll'.FERCNCE

LIONUM[lif, LB. #7062 C - FOUND P£RMAN(NI J!H[lfHilC[

M(}MUlil ENT, L S. f71162 o - SC1 5/ 8- IRON F!OD WITH C.W. L.B. 17062 • - Fot.n-lD fl'[RMANENT CONTRCI.. ~INT, L.B. #7062 • - PEF!IJANENT CONTROL POrNT I:. - CENTRAL M6\£

(l_[ - 8ITTEJ;: l:ASDIM CB - CHORD BCIJ!INC CH - Cl-(JRD O.SIANCE. q_ - CEMTERUtff

(l. 9 - DEED B0011 D.L - D.RAIW.CE EASEIJDIT EL - ELEWiTIOII' L - J.RC LtNC:JH

L.A.£, - LIUITED MX:F.SS (AS[IJEfiT LS.E- - LANOSCAPE E:115(1.!0II' NAVO - NOR'IH Alil[RICAN VERTICAL 041UW NC<JD - NATIONAL GEODETIC ~ RllC,I.L DATUM (~lJll) - NOT PJ,01,1,t_ N,T.S. - NOT 10 SCl,I.( O.R.B - OfflCIAL REC~ D OOOI<

OS - OPEN SP~CE P .B. - Pt.AT OOOI< PC - M t ll or ClJINATUR[ P.C.P. - Pf:RMANDII CONfl«Jl POIHl

Pl - POlt+T or INTER'SECTION PCS. - PAGES

P.0 .8. ~ POINT Dr BEGINNING P.D.C. - POINT or COMMENCEMENT

PRC - POINT or REVERSE CURVJ\lU~E P.R.1.1 - PERl.!AMOO RtftR~HCE: l,IQNUMOO P.S.1.1 - P~£SSIOIW SU~ ANO WAPPEfl

Pl - POINT or 1-"NGEtlCY R - RADIUS RP - RAOIUS POINT

(RAD.) - RAOIH.. BF.ARING ~/'N - RIGHT- or - WAY

S.L-C.ri - ST. LUCIE COUNTY RECORDS TIP. - fr'PIO,L. U.L - UTIUTY EASEMENT

W,S.L - \IJAT~ ~ SEWER EJ\SOIENT @ - J\DJACENT LOT NU'-IF.l(R

~ - LOT MJlilBER

WF077402 SHEET 7 OF' 11

., i s: I ~

~-·

.. ... -

LEGEND: • - '3H PERlfANENT REFERENCE

MONUUOO, l9. j7tl62 C - fOIJNO PERt.W,J(NT R9l,R(NC[

~Dt4UM(Nl, ~.e. 170~2 o - S(T :-,/g" IRON ROD WITT! (,/,Jl. 1..El_ 17062

®

_. - row.io P(f.!1,11i,m11" CON~OL POINT, L.B. l706.2 • - PEFIMAN[Nt CONTROL POINT lJ. - C£N1RAL ANClE

LAKES AT WATERWAY VILLAGE PD • PLAT 2A·1 BEING A REPLAT OF A PORTION OF TRACTS 1, 2 AND 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARf.lS CO. PLAT OF LANDS AND

PL.AN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS. INDIAN RIVER COUNTY, FLORIDA, Al'ID A PORTION OF THE NORTHWEST ONE-QUARTER (N.W. 1/4) OF SECTION 22, TOWNSHIP 32 SOlfTH, RANGE 39 EAST AND THE

SOUTH ONE-HALF (S. 1/ 2) OF THE SOUTH ONE-HALF (S. 1/ 2) OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA

R=1580.00' ~=26'10'51"

l= 721.97' (TOTAL) CB=N06'50'J2"E

CH•715.70'

"-·-·-·-·-(SEE~60f11} __ \ ·".., .,,,. 13[N01 MARI< f2

\ " ...... ________ ,.. ,..-- P.~L~,;,21:/sfl~i , I ~21.,,,,•tc"~·H----1----1, \ N 1219660.94

" I N19"55'58"£-21.05'--' -"-'°-'7_.,_,o ---+--_,

I 1 BENCH MA!ij( f3 \ P.R.t.!. L.B. #7062 I [l.:2J.74 NG\'tl

-----~ .. i a .• 22.21 NAVO I N J21964T,1 ~


,., /R~, ;~.

-i---~ / \ / '

~=~~~•55• \ L- 147.&7' \

CB,.58..JOl:11"1111 '

CH• l\7.90 --

THIS INSTRUMENT PREPARED BY , WILBUR F. DMNE P.S.M. LS-4190.

STATE OF FLORIDA AACADIS U.S., INC.

1500 GAT[WWAY BOULEVARD, SUITE 200 BOYNTON BEACH, FLORIDA 33426

EB 7917 / L8 7062

R• 1'40.00' ):

t:J;'./' ' '¼-c:e .. t.11e:si;'c~"'E

cH-~1.12· 00

. c-a.:1.,':;- ~ tt R- 360. .,;"'-,~- t.-

B.E. - BUFFER f.ASEM[Nl CB - CHORO er»ING CH - CHORO OJSTANC(

' _ E $~9029-tn ~S1 .ES ";F WATFRV,.-_"-,'t ~

4,.80'21!'25" "O,!'?q~''.I L•505.6J' (f?T~) 0 1 !' ( ,.

C:8,.'531't.'}JseE C'i,-">.,,.

q_ - CDITE'llUH[

PLAT BOOK ___ _

PAGE _ ____ _

DOCKET NUMBER

~ 1 j SCAL(: 1 • - 30'

G.B. - D[[D BOOK D.E. - DR/I.IN.I.CE E4SE.t(NT EL - EllVA lJON l - ARC LINGlH

LAE - Lll.iJTEO ACC(SS ~'SE~ENT LS.£. - l.ANDSCMII; WEM(Nt N.l.vD - WORTH AMERICAN VERTlc:Al OAlUI.I

/ · 1~1{~ .. ~ .. s·: r.~t~ ic R=so5.oo· I t =21'2J'J6" I -, L=337.83'

\_ C8• N.l0~37'36"~/

I • to.Ct - o • fH-335.87 , V,, \ I

@)

Clt"4!i:i,og' .YV)/~;~

~(~ N7i7oi-- ~g ,,~-----_:.,, ,) NGW - No\llON"l.. GtOOCTJC VERTIC,1,1.. DATUM I I /.--.. / ~tg, (N.P.) - NOT RAD~

N.T.S. - NOT 1,() SCA!.£ O.R.B - orncw.. RECORD 80:JI<

OS - OP£N SPi'CE P.8, - PlAT 9()(Q( PC - POINT Of C:URVATllRE J',C,fl. - P[RIAANEMT COHl ROL F>olITT

Pl - POINT Of l ~ERSECTION PGS. - PAGES

P.O.B. - POINT Of" B[CINNIMG

, , I e..1/J .... - ':,,.,- -1- - - ~!.--.. ''11/?

'-, I --r - ,~ 'ii~ @) / LIMITS OF 1 ":> .s, •

/ THIS PLATA I ~'t<J-J / ~

P.O.C. - PO'INT Of CO>Al(NCO.IENT

PRC - POffl OF ROCRSE CURVAlURE l".~.M. - F'(RW.HEHT REfEREOCE ~OOUW:NT P.S.M. - PF!OFBS~NAL SURVEYOR At«) t.W'PER

PT - POINl or TANG(NCY A - M>US R? - R.IOOSPOlNl

(00.) - 'WIW.. l!EAAINC R/W - ~l~O-Of"- W.1,Y

S.LC.R. - Sl. LUCIE COUNTY RECORDS 1'l'Jl - TYP!CA-L 11.E. - IJTll,JN' EAS~UENI

W.S.L - WATER .IN(] SEWER E.6,S(l,100

@ - /rul\CEHT LOT NUMBCR

~ - LOT NUMBER

NOTE: ENTiREPROP'ERTY uES Wl'Ttl!N:

fl.000 ZONE "x"

/

ACCORDl,NC TO "LOCO INSURANCE RATE MAP (flRM) NDS. t206HXl2JJH ANO n06ICOl41H, Di'.TE: OCCEMBER • , 2012, NO EIAS( n.ooo ElrV'AOON ESTAl\.lSHED

/

R~SIONS DATE I BY I CK P\AT PREPAAATION 10-1-15 I J/IF I WFD At14S!ONS PER CCO,IME~ 112-1+-1' I w I wrn RNSKlNS F£R COhlfllOOS Cl-'26-IDI .W I WFt>

nR',I P>.NEl. l12061C02l3H ---rnr.t PAN (l #'2061 C0241ti

lbl5().00' ~ ... ,-,1.za' o!.•1J1'0:;'J1· CBzSJ2'52'0-4't Clta\O!l.24'

i\.,.,z· ~ 4·5:;' l • 99 .le ' c~.,<;_86' 01.'Js·w C:H,:;99,91·

LIMITS OF lHIS PLA.T

TRAC! 2 Sf.CTI;ltl :-:.t T\l!P • • ,-~ S., RGc !-9 E. n--.,rtn Hi f EH. r .~.',r i.-s- .o.

f"'....(i.1' ,:,r- l.AJJt,~; AJ-0 f>Ll'N F;)R Ll.:D DR.AH:AGc _A'\() RO.II.!! P.£SER'IAi!:~r:;

PL.\ T BOCt:: ;c, PA.GE < .. J

- ·- - - - - -- ---- - - - ·-;-,:;:,;,-~°'-:::::,

STOR~WATER MANAGEMENT TRACT "1.11• 6.l J l ~.±.

R= 360.00' 0=49'37'26"

L= 311.80' CB=N60'41'1 2'w

CHz302.14'

I

r;1ys1 's1-w/t (RAO~)

N76'08'11"W 65.95'

I

I IS' ·11 ~

i E

I 2

~;f~{1~- i: ~s~it~~i;-w i i CH= l 16.94' I 1:i

i "' ,,- ,}~ . T ,... •

,~'1, ~lC'Tif':-; ~} ;~.f;: ... _;, ~~. ROC :~ E, I W''Itt : H!\iE:l f ."'R!W. 1X) ..

f"!.AT (-F i...1t:0$ Al'() PL.A''. fq•~' L'>ND P.RAil"iAC-E.

A:>,'[) ROAD RESER"/A l'J('' !S PLAT BC")K .>. PA~ '...,.

WF077402 SHEET 8 OF 11

•• i :a: I ~

~,j

..

.ea. ~

LAKES AT WATERWAY VILLAGE PD - PLAT 2A-1 BEING A REPLAT OF A PORTION OF TRACTS 1, 2 AND 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, INDIAN

RIVER COUNlY, FLORIDA. AND A PORTION OF THE NORTHWEST ONE-QUARTER {N.W. 1/4) OF SECTION 22, TOWNSHlf> 32 SOUTH, RANGE 39 EAST AND THE SOUTH ONE-HALF (S. 1/ 2) OF THE SOUTH ONE-HALF (S. 1/ 2) OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNlY, FLORIDA

~ j s~-29-

NOTE: ENT'A[ PROPERTY UES \tim-nN·

rLOOD ZONE")("

.. j

il.CCORDINC TO FlOOO INSURANCE R.l,l[ MW (FIRll) NOS, 12061C02JJH N,j{) 12061C0241H. [ll..ff: llEC[IH!ER .._, ?012, HO 13,1,:5{ FlOOO EllVATION E"STABUSHED

REV1S10NS [)Al£ Pl.Al PREP~JION 10--1-1~

RE:\IISIONS PEft COWENJS 12-14-1:5 RC'\IISIOMS Pm COMMMs fll-26-15

i,.-:c;,· I

BY .., "' JN

CK

""' Wf1)

"'"

=-' ::: , o. ~, ii ~i

I

I

SHEET 9 OF 17 JANUARY, 20 l 6

·- -~.;._"'.."'!!!._,~:!_ 65.aa•. · ·--"7i-,· /"torACJ

STORMWAlER MANAGEMENT TRACT "LI 1" 6.731 ACRtS ±

-~:;:--

"" !i'

5/ :? ~ R 1~

-::'?d

. (s{E SHEET 7 or 11)

LIMITS OF' THIS PLAT

R=25.00' A=Bo·oo·oo· L=34.91' CB=S26'08'11 "E CH=32.14'

S66'08'11"E 17.63'

, :,,CT ~CTIOJ'l~ T't.JF._' .:;1l~ ~ i'5 f.. Ir '.Dl.,\~! rH'/LH r·/,"'.i'.1S- (::·).

?' ... Ai ,-,f 1.::.·re AtJO r'LAN f(<R ;,,..v .:- t ~~AIN~.(;€

h• '() ~nH, R(SER' 'Anor ·c_ FLAT BOOK.:, Pk£E ·:~

R=25.00' A=100'00'00" L•H63' CB=S6J"51'49"W CH=38.30'

(SCE St£• 10 Of 11)

CIJRlft: TA8Lt CURVE RADUS Lf:t.lCTl1 Cl5 39.27' Cl6 39.27'

"' 33.00" c» 26~

PL.AT BOOK ____ _

PAGE _____ _

DOCKET NUMBER

LEGEND: • - SH PERWNOO RffiRCNU:

r.4DNW.IDH. LB. f 7062 a - FOUND PIRI.W'l:NT AFJ[R[HC(

MONUUE..r, L.8. f705:2 0 - S[l 5/fJ. IR(»I ROD wrr~ CAP, l,.8 , 17062 .._ - tOIJNtl PCRIMHD(I COHJROL POINT, L.B. 17062 • - PERIAANEN"f CONl ROl POH.JT A - Crnn:!Al ANGL[

s.E. - eurrm usc~oo CB - C.HORO 139RINC CM - Ci-ORO DfSTJ>NC( q_ -CEtlTERllNE

D.B. - DEED BOOK 0.[ - ORAIW.CE E.AS.EMENT EL - [ lf:,IATll)H l - U!C LENGTH

LA.E. - UIJITEO ACC[SS EAslMEITT l .S.E. - I.NHlSCAPE E:ASEMENT NA\.O - NORTH AMEPIIC,,N ll[lfllC.l,L D,.,-n)ll

Nl'Ml - W.TIOHAI. t.E0OITIC VE'lllC.Al ClAlUM (N.R.) - rfJT.wlW. N.1.S. - NOT 10 SCAL( O.R.R. - orr1cw. RCCORD BOOK

C6 - OPEN SPACE P.B. - PLAT 800!( PC - Pam OF GUlfVAl URE P.C.P. - PERw.NENT CONi RCl. POINl

Pl - P(lll'J1 or INTERSEC'OON PCS. - PAGES

P.0.0. - POINT DF BECINNIMC p .o.c. - ?OINT or COMMENCEMENT

PRC - POINT OF Rl\'EPS[ CURWllURE P.R.M. - PEJfWiNENl ~FERENC[ IIO~MENT P.S.1,1. - PRO!l:SSIOWII. SUIMYOR AND t,W>f'ER

PT - POIHT Of TANGENCY R - RADIUS ~ - RADIUS POINT

(RAD.) - RADIAL BEAAING R/ W - RlCHT-OF-WAY

S,LC.~. - ST. LUO[ COUNT'( RECORDS. TY?. - TIPICAL. U.C. - UTIUJ)' EASE~Etfl

W.S.E. - WATER mo SEMR [ASO,IEm ~ - ADJAC( NT LOT NIJ!,IB[R

~ - LOT NLMUER

THIS INSTRUMENT PREPARED BY , WILBUR F. DIVINE P.S.M. LS-4190,

STATE OF FLORIDA ARC\0IS U.S., INC.

1500 GATfWWAY BOULEVARD, SUITE 200 BOYNTON BEJ\CH, FLORIDA 33425

EB 7917 / lB 7062

SHEET 9 or 11

• :I ~

I !I CJ,)

.. .. ~

~ j SCALE: 1 ~ = JO'

(S<r~ ~ ~ .. , tor ''J : , ·-65_9:r---.,. 1Nl5·0B'1 I '\y

r

LAKES AT WATERWAY VILLAGE PD • PLAT 2A·1 BEING A REPLAT OF A PORTION OF TRACTS 1, 2 AND 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS ANO PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THERE.Of, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBUC RECORDS, INDIAN

RIVER COUNTY, FLORIDA, AND A PORTION OF THE NORTHWEST ONE-QUARTER (N.W. 1/4) OF SECTION 22, TOW!lSHIP 32 SOUTH, RANGE 39 EAST AND THE SOUTH ONE-HALF (S. 1/ 2) OF THE SOUTH ONE-HALF (S. 1/ 2) OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNlY, FLORIDA


~ ; .• ~;:;

ii I

(SEE s..:rr 9 or 11)

: I Ls52·09•on 1781'

R=660.00' L=H2.90' &=12'24'19" CB= NS9'S6'01 "W CH=142.62'

T,<ACT ? &.:<:Tl j '!<'~ l'IIP.~-. S~~;--ie, r;,/if".! Ri\i:r~ '"AH',S CG.

P'1...AT Cf J ros Al'.0 Pi..'lf l F"'"l: !.Arc CRA!tlA.Oe:

J..J,.£; ROA{. RE,.";.:J.NAT!C'5 f\..AT .8"..'IO(?,PAGE ·:_:;

l;c 115 i;: -8 I~ i~ LIMITS OF

R= 220.00' THIS PLAT L=44.8.J' &=11'40'27" CB=N70'17'57"W

Rz lJ0,00' L=99.06' ~=4.1'39'36" CB=S82'04'41"E CH=96.68'

R=150.00' Lz 18.62' ~=0706'40" CB=S72'34'5 I "E CH=18.60'

LIMITS OF THIS PLAT

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CH= 44.75'

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STATE OF FLORIDA ARCAOIS U.S .• INC.

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RIVER COUNTY, FLORIDA. AND A PORTION Of THE NORTHWEST ONE-QUARTER (N.W. 1/4) OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND THE SOUTH ONE-HALF (S. 1/ 2) OF THE SOUTH ONE-HALF (S. 1/ 2) OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUi-llY, FLORIDA

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STAT[ Of FLORIDA ARCADIS U.S., INC.

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PLAT BOOK ___ _

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WF077402 SHEET 11 OF 11

Lakes At Waterway Village PD - Plat 2A-1

CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS

NO. PD-11-09-02 {2004010124-75532)

THIS CONTRACT, made and entered into this __ day of -----~' 2016 by and between DIVOSTA HOMES, LP., a Delaware limited partnership, owner of the property being platted as Lakes At Water-Nay Village PD -Plat 2A-1, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County".

WITNESS ET H:

WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and

WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed; and

WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Lakes At Waterway Village PD - Plat 2A-1; and

WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows:

1. Developer agrees to construct on or before June 14, 2017, in a good and workmanlike manner, those improvements described as follows:

See Exhibit ''A'; attached hereto

or other-Nise required by the Indian River County Code lr:i connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval o.f the Board of County Commissioners and made apart hereof for an purposes.

2. Develop·er agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning

ATTACHMENT 4 145

and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof.

3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and

fA)Lfl~_ ~Ci,..-lf '}'? BA<t---k..., t:J. ,4 . . . . . ..· . , as the underwriting bank', In the amount of $757,332.24, which amount Is not less than one hundred twenty-five percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County.

4. Up to $1,000;000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses; including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relati'ng to the construction of the required improvements, including all those improvements to be constructed on existing publicly dedicated or County-owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements.

5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with a.II applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereot The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be cc;mstrued as creating an obligation upon the County to perform any ~ct of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed.

,Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert inverts, to be in good repair, accessible, correctly plumbed; and not covered with topsoil, concrete or impervious material for the 1-year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner.

2

146

Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Puolic Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to the satisfaction of County, Developer acknowledges that Developer is responsible for posting a 1-year warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under this Contract for Construction of Required Improvements will not be released until the applicable 1-year warranty postings and appropriate warranty agreeme-nt and bill(s) ofsale are in place.

6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the letter of credit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvernents and warranty to the final total cost, including but not IJmited to engineering, con$truction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. ln n<:> event, however shall the liability of the underwriting bank (or any County approved subsfituted guarantees) under this paragraph exceed the total amount of the original obligati:on stated in the letter of credit (or any County approved substituted guarantees).

7. The parties agree that the County at its option shall have the right. but not the obligation, to construct and install or; pursuant to receipt of competitive bids, cause to be constructed and insta.lled the required improvements in the event Developer shall fail or refuse to do so in accordance With the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the letter of credit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend pµblic funds, or any funds other than those provided by the Developer, or the underwriting bank (or any County approved substituted guarantees) to construct and warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed Lakes At Waterway Village PD - Plat 2A-1, for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor and/or assigns.

3

147

R Any letter of credit (or any County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing.

9, This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned he.rein. This agreement stiall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written.

~.1.TNESS.· E?,. · : . '

sign: ./~ print nam&' At) ;Jii,i,yMt{tJ

DIVOSTA HOMES, LP., a Delaware limited partnership

By DIVOSTA HOMES HOLDINGS, LLC, a Delaware limited lfaibility company, its General Partner / Bya~

Brent Baker, Division President

DEVELOPER

INDIAN RIVER COUNTY; FLORIDA

By:~-------------

4


Authority: Resolution No. 2005-121 COUNTY

projected BCC plat approval date: Jt1ne 14, 2016

148

EXHIBIT "A"

Subdivision Performance Bond Estimate For the Lakes at Waterway Village Plat 2A-1

EARTHWORK

DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE

MDBILIZA TIDN l LS $ 52,500.00 s 52,500.00 s 52,500.00 $ MOBILl2A TION/DEMOBILl2ATION 1 LS s 15,000.00 $ 15,000.00 $ - $ 15,000.00

NPDES l LS s 15,000.00 s 25,000.00 $ 21,500.00 $ 2,500.00

CLEARING & GRUBBING 1 LS $ 97,500.00 $ 97,500.00 $ 97,500.00 $ POND AND SITE EXCAVATION l LS $ 389,595.00 $ 389,595.00 $ 350,635.50 $ 38,959.50

FINAL SITE GRADING l LS $ 41,550.00 s 42,550.00 s 38,295.00 $ 4,255.00

hf PAD STABILl2ATION (SEED) 35,000 SY $ 0.40 $ 14,000.00 $ 14,000.00 $ BOC STABALIZATION (SOD) 21,800 SF s 0.20 $ 4,360.00 $ 4,360.00 $ LAKE BANK STABILIZATION (SOD) 130,000 SF $ 0.20 $ 26,000.00 $ 20,800.00 $ 5,200.00

TOTAL $ 666,505.00 s 600,590.50 $ 65,914.50

PAVING


11/4" ASPHALT (FIRST COURSE) 11,036 SY $ 7.50 $ 82,770.00 $ 74,493.00 $ 8,277.00

l" ASHPHALT (FINAL COURSE) 11,036 SY $ 6.00 s 66,116.00 s - $ 66,216.00

8" ROCK BASE 11,036 SY $ 12.00 $ 132,432.00 s 119,188.80 $ 13,243.20

6"ROCK BASE 3,400 SY s 11.00 $ 37,400.00 s 33,660.00 s 3,740.00

12" STABILIZED SUBGRADE 13,241 SY $ 2.20 $ 29,130.20 $ 26,217.18 $ 2,913.02

TYPE "F" CURB 380 LF $ 11.00 $ 4,180.00 $ 3,762.00 s 418.00

HEADER CURB ss LF $ 11.00 $ 605.00 $ $ 605.00

2' VALLEY GUTTER 7,387 LF $ 11.00 $ 81,257.00 $ 73,131.30 $ 8,125.70

TYPE "D" CURB 178 LF $ 11.00 $ 1,958.00 s 1,762.20 $ 195.80

CONCRETE SIDEWALK 2,448 SY $ 18.00 $ 44,064.00 $ $ 44,064.00

~ SIDEWALK STABILIZATION (2' SOD) 22,500 SF $ 0.20 $ 4,500.00 $ $ 4,500.00

SAW CUT & CONNECT TO EXIST. ROAD l LS $ 2,000.00 s 2,000.00 $ 1,800.00 $ 200.00

SIGNAGE AND STRIPING 1 LS $ 4,700.00 $ 4,700.00 s $ 4,700.00

TOTAL $ 491,212.20 $ 334,014.43 s 157,197.72

STORM DRAINAGE


15" HDPE 417 LF $ 24.00 $ 10,008.00 $ 9,007.20 $ 1,000.80

15" RCP 270 LF s 15.00 $ 6,750.00 $ 6,075.00 $ 675.00

18" CAP 40 LF $ 39.00 s 1,560.00 $ 1,404.00 $ 156.00

18" RCP 1,083 LF $ 34.00 $ 36,822.00 $ 33,139.80 $ 3,682.20

24" RCP 228 LF $ 48.00 $ 10,944.00 $ 9,849.60 $ 1,094.40

24"CAP 20 LF $ 51.00 s 1,020.00 s 918.00 $ 101.00

30" RCP 245 LF $ 62.00 $ 15,190.00 $ 13,671.00 $ 1,519.00

36" RCP 566 LF $ 83.00 $ 46,978.00 s 42,280.20 s 4,697.80

36" CAP 20 Lf $ 88.00 $ 1,760.00 s 1,584.00 $ 176.00

48" RCP 188 LF $ 110.00 $ 20,680.00 $ 18,612.00 $ 2,068.00

48" CAP 40 LF $ 110.00 $ 4,400.00 $ 3,960.00 $ 440.00

CONCRETE COLLARS 7 EA $ 1,175.00 $ 8,225.00 $ 7,402.50 $ 822.50 i YARD DRAINS 4 EA $ 960.00 $ 3,840.00 s 3,456.00 $ 384.00

CATCH BASINS/ STORM MANHOLES 24 EA $ 3,565.00 $ 85,560.00 $ 77,004.00 $ 8,556.00

TOTAL $ 253,737.00 $ 228,363.30 $ 25,373.70

SANITARY SEWER SYSTEM


8" PVC (SDR 26) 6-8' CUT 222 LF $ 24.00 s 5,328.00 $ 4,795.20 s 532.80

8" PVC(SDR 26) 10-12' CUT 599 LF $ 32.00 $ 19,168.00 $ 17,251.20 $ 1,916.80

8" PVC(SDR 26) 12-14' CUT 476 LF $ 36.00 $ 17,136.00 $ 15,422.40 $ 1,713.60

8" PVC(SDR 26) 14-16' CUT 726 LF $ 41.00 $ 29,766.00 $ 26,789.40 s 2,976.60

8" PVC(SOR 26) 16-18' CUT 379 LF $ 47.00 $ 17,813.00 $ 16,031.70 $ 1,781.30

8" PVC(SDR 26) 18-20' CUT 1,114 LF $ 73.00 $ 81,322.00 $ 73,189.80 s 8,132.20

4' DIA. MANHOLE 6--8' DEEP 3 EA $- 4,390.00 s 13, 170.00 $ 11,853.00 $ 1,317.00

4' DIA. MANHOLE 10-12' DEEP 3 EA $ 6,330.00 s 18,990.00 $ 17,091.00 $ 1,899.00

4' DIA. MANHOLE 12-14' DEEP 3 EA s 7,080.00 $ 21,240.00 $ 19,116.00 $ 2,124.00

4' DIA. MANHOLE 14-16' DEEP 6 EA $ 8,420.00 $ 50,520.00 s 4S,468.00 s 5,052.00

4' DIA, MANHOLE 16-18' DEEP 2 EA $ 9,010.00 $ 18,020.00 $ 16,218,00 s 1,802.00

4' DIA. MANHOLE 18'-20' DEEP 4 EA s 9,860.00 $ 39,440.00 s 35,496.00 $ 3,944.00

SINGLE SERVICE W/ CLEANOUT 8 EA s 560.00 s 4,480.00 $ 4,032.00 s 44S.00

DOUBLE SERVICE W/ CLEANOUT 30 EA $ 640.00 s 19,200.00 $ 17,280.00 $ 1,920.00

UFTSTATION 1 LS $ 288,100.00 s 288,100.00 $ 259,290.00 s 28,810.00

GENERATOR 1 LS $ 55,000.00 s 55,000.00 s 49,500.00 $ 5,500.00

CORE EXISTING MANHOLE 1 LS s 1,070.00 s 1,070.00 $ 963.00 $ 107.00

TV LINES 3,543 LF s 4.30 s 15,234.90 s 13,711.41 s 1,523.491

~ TOTAL $ 714,997.90 $ 643,498.11 $ 71,499.'$

j

1

FORCE MAIN

DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLITT

6" C-900 FORCE MAIN 200S Lf $ 16.00 $ 32,080.00 $ 28,872.0D $ 3,208.00

6" GATE VALVE 1 EA $ 1,400,00 $ 1,400.00 $ 1,260.00 $ 140,00

CONNECT TO EXIST. 6" FORCE MAIN 1 LS $ 1,200.0D $ 1,200.00 $ 1,080.00 $ 12D.OO

FITTINGS/ BENDS I LS $ 3,660.00 $ 3,660.00 $ 3,294.0D $ 366.00

V TESTING 1 LS $ 540.00 $ 540.00 $ 486.00 $ S4.00

TOTAL $ 38,880.00 $ 34,992.00 $ 3,888.0Q' J.

1/ POTABLE WATER SYSTEM

DESCRIPTION QUANTllY UNIT UNIT COST TOTAL COMPtf:TE INCOMPLETE

8" C-900 WATERMAIN 3,684 LF $ 21.00 $ 77,364.00 $ 69,627.60 $ 7,736.40

S"GV 18 EA $ 1,880.0D $ 33,840.00 $ 30,456.00 $ 3,384.00

FIRE HYDRANT ASSEMBLY 5 EA $ 3,970.0D $ 19,850.00 $ 17,865.00 $ 1,985.00

SAMPLE POINTS 2 EA $ SID.OD $ 1,020.00 $ 918.00 $ 102.00

SINGLE WATER SERVICE (1") 6 EA $ 960.00 $ 5,760.00 $ 5,184,00 $ 576.00

DOUBLE WATER SERVICE (2"l 27 EA $ 1,610.0D $ 43,470.00 $ 39,123.00 $ 4,347.00

FILL & FLUSH ASSEMBLY 1 EA $ 1,390.0D $ 1,390.00 $ 1,251.00 $ 139.00

2" BLOWOFF 5 EA $ 2,680.0D $ 13,40D.00 $ 12,060.00 $ 1,340.00

FITTINGS/ BENDS I LS $ 21,920.00 $ 21,920.00 $ 19,728.00 $ 2,192.00

CONNECT TO EXIST. WATERMAJN I LS $ 710.00 $ 71D.OO $ 639.00 $ 71.00 V 1ESTING 1 LS $ 2,510.0D $ 2,51D.00 $ 1,882.SO $ 627.5!/

TOTAL s 221,234,00 $ 198,734.10 $ 22,499.,o

1050' 51st COURT PERIMETER BERM LANDSCAPE BUFFER


TREES EUROPEAN FAN PALM 6 EA $ no.13 $ 1,3Z0.78 $ 1,320.78 $ JAPENESE BLUEBERRY 6 EA $ 339.17 $ 2,035.02 $ 2,035.02 $ YAUPON HOLLY 7 EA $ 301.23 $ 2,108.61 $ 2,108.61 $ -WAX PRIVIT UGUSTRUM 18 EA $ 331.86 $ 5,973.48 $ 5,973.48 $ DO BLANCHARD MAGNOLIA 17 EA $ 352.49 s 5,992.33 s s,992.n s -SYLVESTER DATE PALM 12 EA s 1,046.73 $ 12,560.76 $ 12,560.76 $ 50Ulri FLORIDA SLASH PINE (12'-14') l3 EA s 280.66 s 3,648.58 $ 3,648.58 $ SOUTH FLORIDA SLASH PINE (5'-6') 33 EA s 154.30 $ 5,091.90 $ 5,091.90 $ -SYCAMORE 12 EA s 331.86 $ 3,982.32 $ 3,982.32 $ LIVE OAK (20'} 5 EA $ 1,951.01 $ 9,755.05 $ 9,755.05 $ -llVE OAK (12'-14'} 15 EA $ 405.00 $ 6,075.00 s 6,075.00 $ -SABAL PALM (10'-20') u EA $ 295.29 s 6,496.38 $ 6,496.38 $ -SABAL PALM (8'·18') 31 EA $ 157.23 s 4,874 .13 $ 4,874.13 $ -BALD CYPRESS (6'-7'} 5 EA s 104.81 s 524.05 $ S24.05 $ -BALD CYPRESS (10') 5 EA $ 207.52 $ 1,037.60 $ 1,037.60 $ -SHRUBS[GROUNOCOVERS GREEN COCOPLUM 820 EA $ 28.33 $ 23,230.60 $ 20,907.54 $ 2,323.06

SMALL LEAFE CLUSIA 939 EA $ 85.80 $ 80,566.20 $ 72,509.58 $ 8,056.62

FIRE BUSH 6,133 EA $ 6.75 $ 41,397.75 $ 37,2S7,98 $ 4,139,78

DWARF YAUPON HOLLY 1,562 EA $ 7.8S $ 12,261.70 $ 11,035.53 $ 1,226.17

PARSON JUNIPER 66 EA $ 7.l2 $ 469.92 $ 422.93 $ 46.99

MUHLYGRASS 125 EA $ 6.75 $ 843.75 $ 759.38 $ 84,38

PRINGLES PODOCARPUS 96 EA $ 7.12 $ 683.52 $ 615.17 $ 68.35

SHORT LEAF WllD COFEE 4,689 EA $ 7.12 $ 33,385.68 $ 30,047.11 $ 3,338.57

INOIAN HAWTHORN 47 EA s 9 .31 $ 437.57 s 393.81 $ 43.76

SAWPALMmo 5,481 EA $ 15.16 s 83,091.96 s 74,782.76 $ 8,309.20

SAND CORDGRASS 443 EA s 6 .75 s 2,990.25 s 2,691.23 $ 299.03

FAKAHATCHEE GRASS 3,717 EA $ 6.75 s 25,089.75 $ 22,580.78 $ 2,508.98

DWARF FAKAHATCHEE GRASS 108 EA $ 6.75 $ 729.00 $ 656.10 $ 72.90

SOD 41,715 SF $ 0,29 $ 12,097.35 $ 10,887.62 $ 1,209.74

MULCH 370 CY $ 35.01 $ 12,953.70 s 11,658.33 $ 1,295.37

PERIMETER IRRIGATION 1 LS s 100,000.00 $ 100,000.00 $ 90,000.00 $ 10,00D.OO

TOTAL $ 501,704.69 $ 458,681.82 $ 43,022.87

2 150

450' 43RD AVE PERIMETER BERM LANDSCAPE BUFFER

DESCRIPTION QUANTllY UNIT UNIT COST TOTAL

TREES JAPENESE BLUEBERRY 2 EA s 339.17 $ 678.34 $ YAUPON HOlLY 8 EA $ 301.23 s 2,409.84 $ SOUTHERN MAGNOLIA 4 EA s 350.00 $ 1,400.00 $ SOUTH FLORIDA SLASH PINE (12'-14'} 14 EA $ 280.66 $ 3,929.24 $ SOUTH FLORIDA SLASH PINE (S'-5') 20 EA $ 154.30 $ 3,086.00 $

SYCAMORE 2 EA s 331.86 $ 663.72 $ LIVE OAK (12'-14') 10 EA $ 405.00 $ 4,050.00 s SABAL PALM (8'-18') 18 EA s 1S7.23 s 2,830.14 $ SHRU B~[GROUNOCOVERS AMERICAN BEAUTYBERRY 1,494 EA $ 3.50 s 5,229.00 s SMALL LEAFE CLUSIA 135 EA s 85.80 $ 11,583.00 $

FIRE BUSH 2,853 EA $ 6.75 s 19,257 .75 $ DWARF YAUPON HOLLY 923 EA s 7.85 $ 7,245.55 $ MUHLY GRASS 113 EA $ 6.75 $ 762.75 $ SHORT LEAF WILD COFEE 685 EA s 7.12 $ 4,877.20 $ SAW PALMETTO 1,059 EA $ 15.16 $ 16,054.44 $ fAKAHATCHEE GRASS 837 EA $ 6.75 s 5,649.75 $ SOD 17,500 SF $ 0.29 $ 5,075.00 $ MULCH 180 CY $ 35.01 $ 6,301.80 $ PERIMETER IRRIGATION 1 LS s 40,000.00 s 40,000.00 $

TOTAL $ 141,083.52 $

COMMON AREA ANO IAKESHORE TREES

DESCRIPTION QUANTITY UNIT UNIT COST TOTAL

JAPENESE BLUEBERRY 17 EA $ 339.17 $ 5,765.89 $ LIVE OAK (20') 5 EA $ 1,951.01 $ 9,755.05 $ tlVE OAK (12'-14') 92 EA s 405.00 $ 37,260.00 $ SABAL PALM ( 10'-20') 48 EA $ 295.29 $ 14,173.92 s SABAt PALM (8'-18') 49 EA $ 157.23 s 7,704.27 $ BALD CYPRESS (6'-7') 36 EA $ 104.81 $ 3,773.16 s BALD CYPRESS (10') 25 EA $ 207.52 $ 5,188.00 $ JAPANESE PRIVET (S'-6'] 20 EA $ 150.00 $ 3,000.00 s SOUTHERN MAGNOLIA 14 EA s 350.00 $ 4,900.00 $

EAST PALATKA HOLlY 9 EA $ 250.00 $ 2,250.00 $ ROYAL PALM 10 EA $ 500.00 $ 5,000.00 $ PYGMY DATE PALM 1 EA $ 80.00 $ 80.00 s MEDJOOL DATE PALM 2 EA s 2,500.00 $ 5,000.00 $

TOTAL $ 103,850.29 $

ENGINEERING ANO SURVEY

DESCRIPTION QUANTITY UNIT UNIT COST TOTAL

ENGINEERING SERVICES 1 LS $ 77,000.00 $ 77,000.00 $ SURVEY SERVICES 1 LS $ 82,000.00 $ 82,000.00 $ SET PRM'S, PCP'S, LOT CORNERS 1 LS $ 10,000.00 $ 10,000.00 $

TOTAL $ 169,000.00 $

TOTALS 2,635,699.60 $

% OFTOTAL ODMPELTE PROPOSED BOND AMOUNT (125%)

Kimley>>> Horn

3

COMPLETI'

$ $ $

- $ $ s

- $

$

s s $ $ $ $ $ s $ s $

$

COMPL.ETE

- s - $ - $

- $ - $ - $ - $ - $

$

- $ - $ - $ - $

- $

COMPLETE

57,750.00 $

73,800.00 $ $

131,550.00 $

2,029,833.81 $

77.01%

INCOMPLETE

678.34

2,409.84

1,400.00

3,929.24

3,086.00

663.72

4,050.00

2,830.14

5,229.00

11,583.00

19,257.75

7, 245.55

762.75

4,877.20

16,054.44

5,649.75

5,075.00

6,301.80

40,000.00

141,083.52

INCOMPLETE

5,765.89

9,755.05

37,260.00

14,173.92

7,704.27

3,773.16

5,188.00

3,000.00

4,900.00

2,250.00

5,000.00

80.00

5,000.00

103,850.29

INCOMPLETE

19,250.00

8,200.00'

10,000.00

37,450.00

605,865.79 22.99%

757,332.24

_1WM s 1,.~1 (l,>

~

151

I;, 1 ,.,-_; I I ) : I

( '...,_. , .~- •·"""'J,..,,,

Office of the

INDIAN RIVER COUNTY ADMINISTRATOR

Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Agministrator

MEMORANDUM

TO: Members of the Board of County Commissioners

FROM:

DATE:


June 8, 2016

SUBJECT: Notice of Scheduled Public Workshop

DESCRIPTIONS AND CONDITIONS:

Please be advised that the following Public Workshop has been scheduled:

Public Workshop June 27, 2016 -6:00 p.m.

The Indian River County Board of County Commissioners · will hold a Public Workshop regarding Fellsmere Road Maintenance on Monday, June 27th, 2016, at 6:00 p.m. at the Clarence F. Korker Center for the Performing Arts (Old Fellsmere School Auditorium) Community Room, 22 S. Orange Street, Fellsmere, Florida

RECOMMENDATION:

The above referenced Public Workshop Item is provided for information. No action is needed at this time.

APPROVED AGENDA ITEM Indian River Co A

BY: ~: ~~.JJ.___::....;JiauJ=.____ Administrator

Legal r d , dtJ/4? Budget

152

I 1 , 'J /' . .,_'•,...,/·Oh,.,,..,


MEMORANDUM

TO: Joseph A. Baird, County Administrator

FROM: Stan Boling, ; Community Development Director

DATE: June 3, 2016

PUBLIC l\.OTICE (INFOR~IA TION ,\L)

SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of June 14, 2016.

DESCRIPTION AND CONDITIONS:

Please be advised that the following public hearing item has been scheduled for Board consideration:

June 21, 2016

County initiated request to amend the county's Land Development Regulations (LDRs); establishing requirements for a county vacation rental license and other vacation rental regulations by creating zoning code section 911.15(9). (Legislative)

RECOMMENDATION:

The above referenced public hearing item is provided for the Board's information. No action is needed at this time.

Indian River Co. Approved Date

Admin. t ~1/11 APPROVED AGENDA ITEM: Legal t~ 3 ~/,b FOR: June 14 2016

m/):»'ofb lcfkuil ! l ·

Budget

Dept.

MS '7·"1---( ~ u 3/1~

Risk Mgr.

(; M:\AGENDA\Current Year\2016\Notice of Public Hearing 062116.docx

153

Indian River County Inter-Office Memorandum

Office of Management and Budget

To: Members of the Board of County Commissioners

Date: June 8, 2016

Subject:

From:

Background

Health Insurance - Summary of Cost Saving Reco

Jason E. Brown - Director, Management & Budget

Departmental Matters

ions

Indian River County utilizes a self-insured group health insurance program. Program expenses for health insurance claims and program administration are paid from contributions from employer and employee contributions. Extraordinary claims are addressed through reinsurance. Program participants include full-time employees and retirees of the Board of County Commissioners and the respective Constitutional Officers (Sheriff, Property Appraiser, Tax Collector, Clerk of Courts, and the Supervisor of Elections).

On February 9, 2016, staff provided a presentation to the Board of County Commissioners regarding the County's health insurance fund. A brief update of the Health Insurance Fund was provided, along with details about increasing healthcare expenses which have led to losses in recent years. Various options to address these losses were presented. Following the presentation, the Board discussed various alternatives and received input from the public. Staff was tasked with researching alternatives further and providing a recommendation back to the Board of County Commissioners. Please find the requested information below.

Alternatives & Analysis

As discussed previously, the County's healthcare costs, both in terms of health claims incurred and the impacts of medical inflation, have increased significantly over the last couple of years. The following graph shows the net revenues of the self-insured health program from FY09 through FY17 (projected).

$4,000,000

$3,000,000

$2.,000,0C0

$1,00(),000

$0

-Sl,000,000

-S2.000,000

-$3,000.000

-$4,000,000

-$5,000,000

$3,032,903

FY09

Health Program Net Revenues . fY09 • FY16 Projected)

$1,761,580

$l,ZS0,:302 $993,336

$484,193

FY10 FYU FY12 FY13 FY14. FY15

($1,375,479}

F'f'.1:6 {Proj.j

($2,300,000) {$2,763,2.95)

.. FY17 {Prol)

(S3,900,000j

154

The health insurance program experienced net surpluses during the period from FY09 through FY13. While our per capita costs remain below most surrounding local governments, these increases have resulted in losses for the Health Insurance Fund for the last two years. For fiscal year 2014/15, the losses were substantial (approximately $2.8 million). It is projected that the loss in the current fiscal year could amount to $2,300,000 assuming a similar level of expenses to last year. Staff has assumed a 9.0% medical inflation rate, which .is the average experienced in the State of Florida currently. If the County experiences annual cost increases of 9.0%, this amounts to an additional $1.6 million in costs each year assuming no change in the number of employees. Assuming no action was taken, the loss in the plan could grow to $3.9 million in FY2016/17.

Currently, the Health Insurance Fund has a healthy fund balance. However, adjustments need to be made now to ensure the future financial stability of the plan. Recurring plan revenues must equal recurring plan expenses in order to avoid a further erosion of health plan fund balance, which is a onetime revenue source. As claims costs will continue to escalate, failure to make recommended plan changes this year will result in even deeper health program deficits that will require even more drastic future plan design changes or infusions of tax/fee revenue (employer contributions) and greater increases from plan participants (employee contributions).

Staff has evaluated several potential adjustments to the Health Insurance Program to address the current shortfall as well as future anticipated cost increases. Based upon direction from the February 9th

meeting, as well as the magnitude of the projected loss, staff has developed a two-year plan of adjustments to the Health Insurance Program.

Proposed Changes - Effective Fiscal Year 2016/17

1. Blue Options to Blue Choice Health Plan - The County's insurance broker has recommended a change from the current Blue Choice plan to a similar Blue Options plan. This plan change would not result in any changes in copays, deductibles or out-of-pocket maximums. The proposed Blue Options plan has more current cost containment mechanisms in place than the existing plan. This is due to the fact that not many plans have remained in the Blue Choice plan currently utilized by the County. It is projected that this change will produce a modest savings of 2% of annual claims expense for the County; based on $16 million in annual claims expense, the savings is estimated at $320,000.

Florida Blue has also performed a disruption analysis to determine the impact of network changes on the plan members. This analysis showed that only three (3) providers are on the current network that would not be on the new network. This network change would only affect five (5) members. Conversely, there are eight (8) additional providers on the new plan that are not on the existing plan which were utilized by members in the last year. It should be noted that all surrounding local governments with a Florida Blue network are utilizing a Blue Choice Plan.

2. Kannact Diabetes Management Program - Last year, diabetic care costs for the health insurance plan were approximately $1,050,000. Kannact provides a comprehensive system to help manage diabetes. In addition to providing glucometers and supplies, Kannact provides a health coach, real-time monitoring, and tracking with a cellular device, and support to help members with diabetes manage their condition. Kannact projects a 10% ·· reduction or approximately $105,000 in medical costs due to reduced hospital visits and the ability to slow advancement of the disease. As an additional benefit, employees feel better and are more productive.

15S

3. RFP for International Prescription Provider {IPP) Services - Staff also recommends that the County, through the services of our insurance broker, solicit an RFP for IPP services. IPP's contract with government-licensed physicians, pharmacies and pharmacists in "Tier-1 countries as designated by Congress (e.g. Canada, the United Kingdom, Australia, and New Zealand) to supply brand name medications packaged and sealed by the original manufacturer for direct delivery to plan members. This service would be optional for employees. Each employee interested in such a program would enter into an agreement with the provider to obtain available prescription medications through the program.

One provider of this service, CanaRx, has provided an analysis based upon the top 100 prescription medications on the County health plan. This analysis shows that County Plan expenditures for the 36 medications available through the program totaled $806,859. In addition, members paid $95,609 in copays.

Assuming full participation in the program, the County Plan expenses would have been $354,310 during the same time period. Therefore, the County would realize an estimated savings of $452,549. Furthermore, there is no copay for medications meaning employees would realize a savings of $95,609. This results in savings on such medications for both the employee and the employer. It is important to note that participation is not mandatory, so actual savings would likely be less than this amount.

4. Post Employment Health Plan (PEHP} - The International Association of Firefighters (IAFF) has requested that the County explore establishment of a PEHP Plan offered by Nationwide. A PEHP plan is a tax advantaged savings vehicle for employees to fund eligible healthcare related expenses during retirement. Employees pay no Federal income taxes, Medicare or Social Security (FICA) on contributions to the PEHP Plan, per Internal Revenue Code Section 501(c)(9). The employer realizes a savings as well, since the employer matching contributions for FICA are not required. This results in a savings to the employer equal to 7.65% of contributions, while the employee saves 7.65% plus their applicable Federal income tax rate. Contributions to the PEHP Plan can be made by the employer, mandatory employee contributions, or funded solely with accrued sick and/or vacation leave time.

Based upon sick and vacation payouts from calendar year 2015, the County would have realized a savings of about $44,000 in matching FICA contributions for all bargaining units. According to representatives from the provider, employee participation is mandatory if implemented, but this can be separated by bargaining unit. Staff is agreeable to implementing a PEHP Plan with employee contributions if agreed to by each bargaining unit, but we are reluctant to unilaterally make these contributions mandatory for all employees. Therefore, staff recommends exploring implementation of the PEHP Plan through the collective bargaining process with the County's two (2) bargaining units.

156

5. Employee Premium Adjustment - As discussed previously, the County has not made plan changes or increased employee premiums for many years due to a lack of employee raises and Obamacare considerations. The last time the employee premium was increased was fiscal year 2007/08, when the employee premium for family was raised by $15 per month to the current rate of $217.50. The Healthcare Plan costs have increased significantly since that time, and the County has essentially absorbed the entire cost increase. The following table shows the current premium split for Indian River County for fiscal year 2015/16.

Fiscal Year 2015/16 E • & El I P • -- -

Monthly Amount Percentage Share Employee Employer Employee Employer

Tier of Coverage Premium Premi,um Premium Premium

Single $0 $505 0.0% 100.0%

Family· $217.50 $745 22.6% 77.4%

As a point of comparison, the employee premiums for surrounding local governments for Employee Only and Family coverage are shown in the next two charts:

Employee Monthly Premium - Single Coverage

~~1~ +=:· --~ --·~:·~:_···~ ~~:.-.~:.:=~·-~-~- _:_ =~11~==~~-~~-:~ :~.::~-·~--:-~--- _· .. ::. :.:·~······ :.·.·s·10a .......... .. ·•········-··-······-········ .................... : .. . $100 ···[ ··········· · ······· ···· ···-······ ·· ···· ·· ·· ·· ···· ·$85········· ..

$80 :----·-------·--------$60 + · ·-- ··· ···$46--$35···-- ·· ·$3&· ···--·

:: -i--·so----· $0 -!--·------, .. -

. ···$31 ····· ·········· ··$49 ... ·····-- .. -- $25-- -----· $21---·---- ·- ........ . _,., ............. .

..... -so ·····so········so· ... ......... so ··-.~~~>~c~•• • ."•,,•··--·-·····-r-·---·,-- ····--,-----r-·--~---~ ' .

As illustrated in the Single Coverage table above, most local governments in the area charge an employee premium for Single Coverage. Some governments have no charge for a lower level plan, but if the employee chooses a richer plan similar to the Indian River County plan, then an employee premium is charged.

157

Employee Monthly Premium Family Coverage

Employee premiums for Family coverage for most area local governments are higher than the County's, as shown in the Family Coverage table above.

Recommendations:

o Staff recommends that the County adopt a policy to establish a share of the total premium to be paid by the County and the employee, which has been done by some local governments . Staff recommends that the premium for Single Coverage is split at 90% employer/ 10% employee. For Family Coverage, the recommended split is 75% employer/ 25% employee. ·

o In order to avoid placing such a large burden on the employee next year, staff recommends phasing the transition over the next two years. The table below shows the proposed premium split for fiscal year 2016/17, which is an increase of $30/ month for the employee premium for Single Coverage and Family Coverage alike. Based upon proposed premiums for fiscal year 2016/17, an additional ~$30/ month increase for fiscal year 2017/18 would reach the target split of 90%/10% for Single Coverage and 75%/25% for Family Coverage.

Fiscal Year 2016/17 p • • • d E l & E I P

- - -- - - - - - - - - - - - - - - ---- --

Monthly Amount Percentage Share Employee Employer Employee Employer

Tier of Coverage Premium Premium Premium Premium - - -

Single $30 $605 4.7% 95.3%

Family $247.50 $845 22.7% 77.3%

158

6. Change Effective Date for Health Insurance Plan and All other Benefits - Indian River County is cognizant of the ever rising costs of health insurance and works very hard in order to offer our employees a quality insurance product, yet still keeps the premiums reasonable for both the County and the Employee. The health benefit plan is offered to all eligible permanent employees who normally work 30 hours or more per week.

There is currently a thirty (30) day "open enrollment window'' during which a new hire may enroll in the health insurance plan. Failure to enroll during this thirty (30) day window which begins upon date of hire may mean that the employee has forfeited enrollment until the next open enrollment period.

The current system places a significant administrative burden on the agencies (County & Constitutional Officers) in processing new hires and enrolling them in the medical plan and all other benefits within the 30 day window. Therefore, staff recommends changing the effective date of coverage to the first day of the month following sixty (60) days of full-time employment. In addition to reducing the administrative burden, this will provide a moderate amount of savings to the health plan. Based upon 10% turnover, the annual savings from this change would be about $150,000 per year. This change will only impact new hires.

7. Employer Premium Adjustment - For fiscal year 2016/17 budgeting purposes, the employer premium has been increased by $150/month for both Single Coverage and Family Coverage. This adjustment provides additional funding of approximately $2.4 million based upon the current 11umber of budgeted employees (including Constitutional Officers). If all of the measures are approved, the employer premium increase could be reduced to $100/month, which would reduce the financial strain on the proposed FY 2016/17 budget for County departments and Constitutional Officers.

8. OPEB Advance Funding - While OPEB costs are accounted for separately from Health Insurance Costs, the two items are interrelated. For instance, the OPES Trust provides funding for a portion of retiree healthcare expenses. Last year, the OPES Trust contributed $1.9 million to the Health Insurance Fund. If not for the OPEB Trust contribution, the loss in the Health Fund would have been substantially larger. Staff is proposing that an additional advance payment be made into the OPEB Trust Fund. This would reduce the amount of the required OPES contribution going forward. Based upon our actuarial valuation, for each additional $10 contribution this year, annual contributions would be reduced by $1 going forward, meaning that the County would realize a reduction of about 10% of the additional amount contributed. Staff proposes making an advance contribution to the OPEB Trust in the amount of $9 million. This would reduce the annual required contribution by approximately $900,000. 1t should be noted that based upon the most recent actuarial valuation, the ARC is increasing by about $400,000 for next year. Therefore, the net effect of this would mean a reduction of about $500,000 in ARC, which would offset the increase in healthcare costs. This would provide additional relief for the FY 2016/17 budgets for County departments and Constitutional Officers to offset (partially) the increase in health insurance costs.

159

The table below provides a summary of the shortfall in the health plan as well as the impact of the recommended measures above.

Item Description Estimated Annual

Amount

Estimated Annual Loss (FY 15/16) $2,300,000

Plus: Medical Inflation

Est. Increase FY 2016/17 $1,600,000

Estimated Annual Loss- FY 2016/17 $3,900,000

Less: Savings from Recommendations

Blue Choice Health Plan ($320,000)

Kannact Diabetes Management ($105,000)

International Prescription Provider ($110,000)

Change Coverage Effective Date ($150,000)

Employee Premium Change ($490,000)

Employer Premium Change ($1,630,000)

Subtotal: Cost Savings Measures ($2,805,000)

Estimated Annual Loss - FY 2016/17 ($1,095,000)

Notes/ Comments

Assumes 9% annual increase

With no Changes

Est. 2% annual savin s

Assumes 1 0% cost reduction

Assumes 25% partici ation

Assumes 10% em lo ee turnover

Assumes $30/ month increase

Assumes $100/ month increase

Rather ~han a projected loss of nearly $4 million, the recommended cost saving measures reduce the anticipated loss to about $1.2 million. Staff plans to address the remaining shortfall with additional measures in fiscal year 2017/18 as detailed below. It should be noted that the plan changes recommended above do not result in the County losing our grandfathered status for the purposes of the Affordable Care Act.

Potential Changes - Effective Fiscal Year 2017/18

1. Increased Wellness Measures - The County has undertaken several wellness initiatives to reduce healthcare costs such as; the annual Health Fair, wellness screenings, smoking cessation classes Weight Watchers programs, Lunch & Learn programs. Staff will continue to develop additional proactive wellness measures. Some organizations provide various financial incentives (premium discounts, preferred health plans, etc.) for employees that actively participate in wellness programs. If this option were pursued, a multi-year phase-in would likely be needed to allow for adequate employee education and outreach prior to full implementation.

2. Employee Wellness Clinic - Staff along with the insurance broker has researched the establishment of an employee wellness clinic. Additional time would be needed to conduct a Request for Proposals to select a provider for such services. Additional research, as well as logistical questions such as the location of such a clinic, still need to be finalized. Staff recommends scheduling this process for fiscal year 2017/18. If an RFP is conducted during the next year, then a final decision on whether to move forward with an employee wellness clinic would be made at the completion of the RFP process.

160

3. Stand-Alone Pharmacy - At the February 9th meeting, staff was directed to research the potential for a stand-alone Pharmacy. Our insurance broker has indicated that this option is best suited to larger employers (3,000-5,000 employees) due to the cost of hiring a Pharmacist. The cost to offer limited prescriptions at a wellness clinic is lowered through the use of a dispensary. Under supervision of a Medical Doctor, certain types of medications can be dispensed without the need to have a Pharmacist on staff.

4. Other Health Pla·n Adjustments - In previous years, numerous health plan adjustments were made to provide a savings to the health plan, such as increased copays, deductibles, and out-ofpocket maximums. With the assistance of our broker, staff will explore additional plan adjustments for consideration for fiscal year 2017/18.

5. Continued Phase-in of Employee Premium Adjustment- Proposal Number 5 for FY 2016/17 was to establish a premium split between the employer and employee and begin a two-year transition to reach the recommended premium split (90%/10% for Single Coverage and 75%/25% for Family Coverage). Based upon the recommended premium rates for FY 2016/17, an increase of $30/month for both Single Coverage and Family Coverage would be near the recommended premium splits.

6. Continued Employer Premium Adjustments -As stated above, healthcare costs are projected to increase by about 9.0% per year. This represents an annual increase of $1.6 million on a countywide basis. Depending upon actual expenses, additional employer premium contributions may be needed.

7. Pharmacy PPO Adjustment- Prescription medications make up a significant portion of our total health plan expenditures. Last year, the health plan paid about $4.1 million for prescription medications (in addition to copays from employees). This is a significant portion of total expenditures {-23%) and these costs are rising faster than our overall health costs. Therefore, this area represents a significant potential for savings. Our insurance broker has obtained an analysis of prescription medication expenses on the County's health plan for a one-year period by provider. This analysis has shown that prices paid for the same prescription medicines can differ substantially at various retail pharmacies. Based upon the results of this analysis, staff recommends eliminating some/one provider from the PPO network for prescription medications.

Summary and Conclusion

The County Health Insurance Fund is currently in solid financial condition, however, continued losses similar to those experienced last fiscal year ($2.8 million) cannot be sustained. If adjustments are not made, the Health Plan will likely face a funding crisis over the next several years. Staff has presented a two-year plan above to address the current shortfall in order to ensure the long-term financial stability of the County health plan.

Recommendation

Staff recommends that the Board of Commissioners approve the proposed changes (Numbers 1 through 8) detailed above for fiscal year 2016/17. Staff additionally recommends that the Board approve the Potential Changes for fiscal year 2017 /18 for further exploration. During next fiscal year, staff plans to present final recommendations for fiscal year 2017/18.

161

FOR: June 14 2016

Indian River Coun

Administrator

County Attorney

Budget

Department

Risk Management

16.2

----

Regular Agenda Item

Date:

To:

From:

Subject:

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES

June 6, 2016


Vincent Burke, P.E., Director of Utility Services~

Automated Meter Reading (AMR}/ Advanced Metering Infrastructure (AMI) Update and Request to Proceed to Next Phases

DESCRIPTIONS AND CONDITIONS:

On August 19, 2014, the Indian River County Board of County Commissioners (BCC) approved the award of RFP #2014-043 to Langham Consultants for Automated Meter Reading (AMR) and Advanced Metering Infrastructure (AMI) consulting services. The BCC authorized the Indian River County Department of Utility Services (IRCDUS) to allocate $87,555 for three specific tasks under the Phase I portion of the project. Those tasks were:

Task 1 - Feasibility Analysis Task 2 - Business Case Development Task 3 - Related Technologies, Alternative Financial Packages, Strategic Assessment

Now that Phase I has been completed, staff is bringing this item to the Board for approval of Phase II {Tasks 4 and 5): the formulation and creation of a Request for Proposal (RFP) for an AMI project that encourages the widest possible industry response in order to provide the County with the best possible solution.

ANALYSIS:

What is Manual Read? The meter reader physically drives to each meter to get a visual read of the meter and then records the consumption on a hand-held device.

What is AMR? Automated Meter Reading that is completed by physically driving by a specific location with the ability to automatically receive water consumption reads from the meter using a hand held device, tablet or laptop.

What is AMI? Meter data is t ransmitted electronically to a central location where it can be read remotely, eliminating the need to physically go to each meter.

Page 1 of 8

163

Current Business Practices

Currently, IRCDUS has a combination of manual and AMR meters. Of the 47,548 meters in place today, 14,122, or 30%, are AMR. The remaining 33,426 meters, or 70%, are read manually each month.

The meter reading group does an excellent job of collecting reads on a monthly basis. However, the method of manually reading over 33,000 meters has come under scrutiny recently in the City of Sebastian. The practice of entering and leaving the left side of the vehicle in order to get manual reads (at times facing the wrong way of oncoming traffic) is no longer an option for the department. A nevv approach had to be implemented immediately. Now, the meter readers are driving on the correct side of the roadway but this action has resulted in the near doubling of read times for the Sebastian service area, which consists of over 11,000 manual read meters. For example, on a route or in an area that includes 352 meters, it used to take 3 to 4 hours to read. Under the new method, it takes approximately 7 hours to complete.

Manual reading is time consuming. A lot of time is spent traveling from location to location. For this agenda, a snap shot of total mileage was compiled to show typical distances travelled by the meter reading vehicles (6 vehicles):

March 2016 April 2016

6,570 miles 5,892 miles

In focusing on just the six (6) dedicated meter reading vehicles, the following expenses were incurred for FY14/15:

Fuel Vehicle Repairs

$17,801/year $ 8,211/year

In addition to reading meters, there is a lot of work regarding disconnects and reconnects as well as the immediate need to finalize an account. When tenants leave a rented location or when homeowners sell their home, they are expecting to complete their final bill in a short turn-around period. This process must be scheduled. Meter readers must go out to a location, get an updated read (not during a normal bill cycle read) and have the biller prepare a final bill. Over the years, our process has been refined as best as possible to expedite service, but in the end, it is still a manual one that reql!Jires extensive driving time and results in• delay between the request and the fina~ bill preparation. In FY14/15, 9,400 "final" bills were processed.

In FY0S/06 there were 40,477 water accounts and 29 Full Time Employees (FTE) in the customer service division. Today (FYlS/16), there are 47,548 water accounts with 26.5 FTEs. The water accounts have increased 17.5% while staffing levels in the meter reading group have remained the same, and overall the staffing levels in the division are down 8.6%. Our customer base continues to grow as evidenced by the steady increase in building permits and new water accounts over the past fiscal year. From October 2015 through April 2016, the IRCDUS has installed a total of 749 new meters, or an average of 107 new meters a month (5 meters/day). It does not appear that this trend· will slow anytime soon, so it is imperative that a more efficient and cost effective process to read meters and prepare final bills is implemented. The meter reading division needs to be able to handle the current work load of the existing meters plus the new ones that are added daily without the need to continually increase the number of meter readers.

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164

Florida Utilities Utilizing Advanced Metering Infrastructure

In researching other utilities to see what they were doing, it appears that many other utilities in Florida have already invested in AMI. Staff spoke with representatives from several of the utilities listed below. Other information came from the consultant. The feedback was positive in regards to the success rates for the various systems in place. A variety of manufacturers are represented. The list below contains the names of the utilities that were consulted up to the writing of this agenda:

North Miami Beach (in the process of converting) Sarasota (in the process of converting)

Winter Park Palm Beach County

Pompano Beach Delray Beach St. Johns County City of Clermont

Benefits of an AMI system

35,000 meters 80,000 meters (50,000 of which are currently AMR) 38,000 meters 190,000 of 250,000 meters (balance are currently AMR) 19,000 meters 21,000 meters 25,000 meters 19,000 meters

Once installed, AMI can provide a wealth of data not only to the IRCDUS for its billing function but to the customer for their water consumption usage and lifestyle habits. Ideally, as more and more information becomes available, the IRCDUS will need to look at ways to provide or make real-time data available for the customer through their bill, via a web-based portal or via their mobile device/phone.

•U ,.. Di _,

·• J

One critical function that an AMI system provides is leak detection. Having reliable data over a period of time allows one to see if an anomaly (leak) exists on the system. The hypothetical graph below shows a normal usage during a typical month. Near the end of the month, there is a large increase in the consumption/usage versus the typical average. Currently, we read meters once a month. Leaks

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16.S

can and do occur within the window of time between reads. Having tools and data analytics available within an AMI system will allow the identification of water "spikes" or "anomalies" that can be attended to much faster, which ultimately means fess water wasted. Notifications can be set up within such a system to not only notify the customer (text, call, email, etc.) of a potential problem but also the utility so that a technician can be dispatched to the location for more investigation .

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Cons of an AMI System

New technology is not always a panacea. It sometimes has a way of producing operational headaches and technological "bugs" that can cause unforeseen issues. The effectiveness of a new data collection system will be dependent on a meter manufacturer's ability to accurately and reliably provide this data under varying conditions and in different geographic locations. An RFP will need to be crafted in such a way as to validate and investigate a company's promise to provide this level of service. In addition to the data points that are collected, the amount of data available to the customer and the utility will be far greater than what is managed today. Technology investments and, more importantly, maintenance of the investment will be required to keep the system operating at its highest level. The machines and information technology (IT) professionals responsible for the infrastructure (meters, encoders, towers, servers, desktop computers, hand-held device interactions,

• software and firmware upgrades) are all pa.rt of a technologically: focused system that c~n deliver real time information but only if it is maintained with adequate resources.

Non-Revenue Water (NRW)

Non-revenue water is water that has been produced, put into the distribution system and is "lost" before it reaches the customer (billed). The loss can be a real loss, such as a leak in the system (physical loss) or it could be through apparent loss (theft, meter read, dead meter inaccuracies).

For the past two years, the IRCDUS has written and submitted cost share grant applications to the St. Johns River Water Management District (SJRWMD). Each grant application was to secure funding for a pilot project to investigate the real world benefits of installing an AMI system for water conservation. In addition to finding leaks before they become major water losses, the grants focused on water theft

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166

as another benefit of analyzing the non-revenue water component. Over the years, the County has found water meters that have been tampered with or service lines "straight piped", whereby the water meter is removed and a pipe physically installed in its place to keep water flowing to a residence/location. Unfortunately the SJRWMD board did not rank the application high enough for funding (although other municipalities did achieve grant funding for similar projects), but this does not diminish the importance of what an AMI system can offer.

· Meter Replacement

!RCDUS has 47,548 meters in place. Of the 33,426 manual-read meters, 48% are older than 15 years. The American Water Works Association (AWWA), the oldest and largest nonprofit, scientific and educational water works resource association, recommends that meters are replaced periodically. AWWA manual M6 recommends that meters be replaced every 15 years, if not sooner.

Having a meter replacement policy and schedule allows a utility to keep up with aging meters that tend to deteriorate with age, resulting in inaccurate readings. Inaccurate readings result in understated information about water usage, which impacts system audits and leak detection efforts. Implementation of a meter replacement program could show a potential increase in revenue, and will hopefully show a decrease in the apparent loss of water. Should the IRCDUS look to implement a new AMI system, the new meters will address the AWWA meter recommended replacement schedule for the 48% of the meters that need to be replaced anyway, and it will also provide an additional time gap for the residential check valve system as explained below.

Residential Check Valve

All residential water meters connected to the public water supply/distribution system must have a check valve installed. The check valve is installed between the meter and the distribution system. The purpose of the check valve is to prevent any back siphoning or prohibit a potential forced injection of a foreign substance (if downstream pressures exceed the utility water supply pressure) back into the public water supply. The Florida Department of Environmental Protection (FDEP) requires that all public water suppliers replace these check valves every 5 years or sooner, if necessary. There is a provision in the Florida Administrative Code 62-555.360 that allows public water suppliers up to 10 years to replace the check valves provided there is an AMI-type system that can detect flow reversal. Such an AMI system will add an additional layer of real-time sensing equipment to a utility system to further protect the public water supply.

Here is a quick example of a hypothetical scenario regarding check valve replacements: $34 (per check valve) x 48,000 (meters)= $1,632,000 Material only, no labor

Over a 5 year period this cost is $326,400 per year Over a 10 year period this cost is $163,200 per year

Costs of an AMI System

In working with the consultant and reviewing current and pending projects with other utilities and vendors, the costs of an AMI system vary somewhat. The cost differentials between AMR meters and AMI meters range from $34 to $55 per meter. This is a relatively minimal cost differential when you compare the additional operational cost savings and increase in customer service affiliated with an

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167

AMI system as compared to an AMR system. Additional infrastructure affiliated with communicating the reads from the meters to a centralized billing office is required for an AMI system. Staff has seen estimates from a few hundred thousand dollars to $1.5 million for this additional infrastructure. Those costs would be narrowed down during an RFP process when a detailed review of existing infrastructure, towers, and available fiber network is completed.

In working with the consultant, it was originally estimated that an AMI system for all of the IRCDUS service area would cost approximately $12 to $14 million. In reviewing more recent similar projects in Florida, the costs now appear to be between $11 and $12 million. As advances take place in the technology being utilized by AMI systems and as meter manufacturers compete for this business, prices seem to be decreasing in this area.

The chart below is to demonstrate what we have to do (replace aged meters/check valves), what we can do (upgrade manual read meters with AMR meters already used elsewhere in our system), or what staff recommends (convert to AMI).

Cost to Replace Cost to convert Cost to convert

48% of Dialog remaining dialog to AMI

Meter •

Check Valve*

Labor**

Total Project Cost

Estimated net increase in revenue and decrease in

operational costs (per year)***

Difference in Cost Between AMR and AMI

Years Needed for Return on Investment for AMI ****

meters

16,045 meters

$615,004.85

$545,530.00

$722,025.00

$1,882,559.85 .-

meters to AMR

33,426 meters

$6,060,468.06

47,548 meters

$12,000,164.24

$1,136,484.00 included above

$1,504,170.00 included above

$8,701,122.06 $12,000,164.24

$784,042.00

$3,299,042.18

4.21

*The cost of the manual read, AMR meters, and check valves are based on our current pricing for these products .

** The labor cost is based on a conversion project currently underway in Sarasota, FL.

***Based on estimated reduction in operational costs which includes a reduction of 4 FTE and increase in revenue due to replacement of aged meters

**** The additional cost to convert to AMI rather than AMR should be recouped in 4.21 years. Note that this is a vew

conservative estimate which uses only 60% of the estimated revenue that will be realized for non revenue water

Summary

Based on the need to update the current method of doing business, the following reasons are presented for the need to explore the AMI system:

• Keep up with the demands of the increasing customer base • Increase operational efficiency • Reduce non-revenue water (leak detection, theft, meter inaccuracies) • Eliminate final bill meter visits and reduce final read/final bill preparation time • Reduce drive time, insurance costs, vehicle maintenance, depreciation and replacement costs • Replace 15+ year old meters in our system

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168

• Reduce costs to implement an FDEP required check valve replacement program, extend time period to complete, and add another layer of real-time reverse flow detection to system

• Increase data transparency for customers to view and research consumption history

The Next Steps

Although staff is only requesting funding for Tasks 4 and 5 at this time, the near term goal is to award an RFP for a pilot project. The cost of the pilot project is estimated to be between $300,000 and $900,000, in addition to the consultants' fees. The ultimate goal would be an entire meter replacement program for the IRCDUS service area based on tested and validated components with operational success as required by this Utility. The first step in transitioning to the meter replacement program would be to test a strategically selected sample of our meters. This may range in size from 1,000 to 3,000 meters, depending on utilization of infrastructure currently in place to transmit reads to a central location as well as a broad sampling of various factors such as topographic features, water table, vegetation and density of residential households. This vetting process is necessary in order to ensure the pilot can work based on a thorough sampling of the conditions present in our service.

Task 4 Develop RFP for AMI system acquisition and assist the 418 hours $81,510 IRCDUS with evaluation and scoring of proposals

Task 5 Assist the IRCDUS in contract negotiations 164 hours $31,980

FUNDING:

Funding for the project is available in the meter replacement account in the operating fund. Operating funds are generated from water and sewer sales.

ACCOUNT NAME ACCOUNT NUMBER AMOUNT Countywide Meter Replacement Program 471-169000-16506 $113,490.00

RECOMMENDATION:

Staff recommends that the Board authorize the Chairman to direct staff to work with Langham Consulting to formulate and create a Request for Proposal (RFP) for an AMI project that encourages the widest possible industry response in order to provide the County with the best possible solution. In addition, Langham is to work with Staff and assist in contract negotiations with a vendor for a pilot project and potential AMI conversion. Staff will bring back the contract for final approval at a future board meeting.

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169

ATTACHMENT(s): None

APPROVED FOR AGENDA:

For: June 14, 2016 Date

• •

Page 8 of 8 K:\Utilities\UTILITY - AMR-AMI\AMI_AMR Agenda to update board 6-14-16 v4.doc

Indian River Co.

Administration

Legal

Budget

Utilities

Utilities-Finance

170

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

l ,;{ /

. ',..,-.;.-::') -~

Attorney's Matters - B. C. C. 6.14. 16

Office of INDIAN RIVER COUNTY

ATTORNEY

MEMORANDUM

TO: Board of County Commissioners

FROM: Dylan Reingold, County Attomeytyz----"

DATE: June 2, 2016

SUBJECT: Humiston Park Parking Lot - County Deed to City of Vero Beach

BACKGROUND

There is a parking lot located on the west side of Ocean Drive across the street from Humiston Park in the City of Vero Beach ("Parking Lot"). On September 13, 1944, the City of Vero Beach passed Resolution 302 stating that "Indian River County has acquired title to certain lands within said county, and including the lands hereinafter described, and the Board of County Commissioners of said county is authorized under such chapter to dedicate to public use and purposes any such lands by resolution duly adopted by said Board, and upon request by a proper resolution from a public board and when such lands are within the corporate limits of a municipality, upon the concurrence of the governing body of such municipality." In that resolution, the City of Vero Beach requested the Board dedicate various parcels, including the Parking Lot, for public use. The resolution specifically notes that Parking Lot was for "park purposes." On October 3, 1944, the Board approved a resolution in which the Board stated that it "does hereby dedicate to public use and purposes the lands herein described", which included the Parking Lot for park purposes. There is no evidence that the City of Vero Beach ever obtained fee simple ownership of the Parking Lot.

Approved for June 14, 2016 BCC Meeting

Attorney'sM~

~ ATTORNEY

F:l.Allomeyl/.indalGE.'\'F.RAL',B C C1AgendaJ,:frmns'.H11mi.ttrm Parle.doc

Indian River Co.

Admin.

Co.A .

Budget

Department

Risk Management

171

Board of County Commissioners June 2, 2016 Page Two

On April 12, 2016, after hearing a report on the Parking Lot and other potential surplus properties from the County Attorney, the Indian River County Board of County Commissioners ("Board") voted to grant to the City of Vero Beach, a quitclaim deed for the Parking Lot, with the condition that the Parking Lot remain zoned P-2 Park and that no building could be built over the Parking Lot. Per the Board's direction, the County Attorney's Office prepared a County Deed formally transferring title of the Parking Lot to the City of Vero Beach. City of Vero Beach staff resisted including additional restrictive language above that contained in the original resolutions. In order to address the issues raised by City of Vero Beach staff and maintain the desired use of the Parking Lot, the County Attorney's Office included in the County Deed 1) a clause requiring that the use of the Parking Lot be exclusively for public park purposes, and 2) a grant of the right for Indian River County to enforce the deed restriction.

FUNDING.

There is no funding associated with this item. All costs for recordation of the County Deed will be paid by the City of Vero Beach.

RECOMMENDATION.

The County Attorney's Office recommends approving the attached resolution and County Deed and authorizing the chair to execute any and all documents to effectuate same.

ATT ACHMENT(S).

Proposed Resolution County Deed

f-.-•~4.11orney\Limla·1GE.:VERAL \B C C\Agthdtl Memos',Jli.misWn Park.doc

17.2

RESOLUTION NO. 2016-_

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A COUNTY DEED TO THE CITY OF VERO BEACH, CONVEYING LOTS 28 AND 29, BLOCK 1, VERO BEACH ESTATES LOCATED GENERALLY ON THE SOUTHWEST CORNER OF DAHLIA LANE AND OCEAN DRIVE WITHIN THE CITY OF VERO BEACH.

WHEREAS, on September 13, 1944, the City Council of the City of Vero Beach passed Resolution 302 which included a request for the Indian River County Board of County Commissioners (the "Board") to dedicate the property located on the southwest corner of Dahlia Lane and Ocean Drive (the "Property") for "park purposes"; and

WHEREAS, on October 3, 1944, the Board approved a resolution in which the Board stated that it "does hereby dedicate to public use and purposes the lands herein described", which included the Property to be used for park purposes;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:

1. The Board finds that the City of Vero Beach has made application as required by Florida Statutes section 125.38 for conveyance of the Property;

2. The Property shall be used for park purposes;

3. The Board approves, and authorizes the Chairman to execute the County Deed conveying Lots 28 and 29, Block 1, Vero Beach Estates, to the City of Vero Beach for $1.00; and

4. The County Deed is executed pursuant to the authority of Florida Statutes sections 125.38 and 125.01.

The foregoing Resolution was offered by Commissioner _______ and seconded by Commissioner _______ , and, upon being put to a vote, the vote was as follows:

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

1 1l3

RESOLUTION NO. 2016-_

The Chairman thereupon declared the Resolution duly passed and adopted this _day of June, 2016.

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

By __________ _

Deputy Clerk

Approved as to form and legal sufficiency:

~ ..

D~ County Attorney

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

By ___________ _


2 174

For park purposes Tax 1.0. #32-40-32-00006-0010-00028.0

Prepared by: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 772-226-1425

COUNTY DEED INDIAN RIVER COUNTY, FLORIDA

THIS DEED, made this __ day of ____ , 2016, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida ("GRANTOR"), whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and the CITY OF VERO BEACH, FLORIDA, a Florida municipal corporation ("GRANTEE"), whose mailing address is P. 0. Box 1389, Vero Beach, Florida 32961-1389.

WITNESSETH that the GRANTOR, Jar and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by GRANTEE, receipt whereof is hereby acknowledged, has granted, bargained and sold to GRANTEE, its successors and assigns, the following described land lying and being in Indian River County, Florida:

See Exhibit "A" attached hereto and made a part hereof (the "Property").

This conveyance formalizes by deed the former action of the Board of County Commissioners under Resolution dated October 3, 1944, recorded in Minute Book 3, Page 150 of the Indian River County Board of County Commissioners. The Property shall be used exclusively for public park purposes, which restriction shall run with the land and may be enforced by GRANTOR, its successors or assigns, at law or in equity, at GRANTOR'S reasonable discretion, to prevent use of the Property inconsistent with public park purposes.

IN WITNESS WHEREOF the said GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid.

Attest Jeffrey R. Smith, Clerk of Court and Comptroller

By: _________ _ Deputy Clerk

APPROVEDAS TO FORM AND LEGAL SUFFICIENCY

BY ·~--:----DYLAN REINGOLD

COUNTY ATTQRNEY

INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners

By: ___ _________ _


BCC approved: _______ _

(Official Seal)

17.5

EXHIBIT "A"

Lots 28 and 29, Block 1, VERO BEACH ESTATES, according to the plat thereof, recorded in Plat Book 5, Page 8 of the Public Records of St. Lucie County, Florida, said lands now located in Indian River County, Florida.

176

i3 (J County Attorney's Matters - B.C.C. 6. 1-1.16

Dylan Rcmgold, County Attorney \\'illiam K DeBrnal, Deputy County /\ttorncy Kate Pingolt Cotner, .\ssistant County .\ttomcy

Ojjice ef INDIAN RIVER COUNTY

ATTORNEY

MEMORANDUM

TO:

FROM:

DATE:

Board of County Commissioners ,./,.,..·-~

Kate Pingolt Cotner, Assistant County Attorney (_J!:::} June 8, 2016

SUBJECT: 2017-2018 Legislative Priorities

Background: The 2017- 2018 State Legislative Session is scheduled to begin on March 7, 2017.

Recommendation: The County Attorney's Office recommends that the Board adopt a preliminary priority list for the 2017- 20:i 8 State Legislative Session.

Approved/or June U, 1016 BCC Meeti11g Couuty Attomey 's Matters

----------· ~ YATTORNEY

Indian River Co.

Adrnin. Co. Att ·.

Budget

De artmen1

Risk Management

177

June 14, 2016 ITEM 14.E.1

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

TO: Members of the Board of County Commissioners

DATE: June 6, 2016

SUBJECT: E-Mail Accessibility

FROM: Tim Zorc Commissioner, District 3

Discussion Item:

Currently, the Indian River County website provides a list of all staff persons with their mailing addresses and telephone numbers. However, the email addresses of staff are not provided. This makes it more difficult to contact IRC staff through emails.

I would like to discuss a change in the policy to add the email address for all listed staff members of Indian River County, providing easier access and another means of communication with the residents and businesses of the County.

178

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ORANCiE COUNTY GOVERNMENT DIREC

DISTRICT 4 COMMISSIONER

0 Elected to the BCC in 2010 and 2014

~ EDUCATION

• Bachelor of Arts in Political Science, University

ofNorth Carolina at Charlotte t> University High School

I., P-UBLIC SERVICE-AND AFFILIATIONS • Vice Mayor, 2012

• United Arts of Central Florida, Board Member

• Metroplan, Board Member

• Child and Family Services, Board Member

• Hispanic Chamber of Commerce, Member -2006 and 2009

1> Metro Orlando Making Strides Against Breast Cancer, Chair- 2009

• Lake Nona Relay for Life, Chair - 2009

• Florida Executive Women, Board Member - 2009

• UCF Town & Gown, Member - 2005 to present • Boy Scouts Golden Eagle Dinner, Steering Committee

Member - 2008 and 2009

• Making Strides Against Breast Cancer Walk,

Steering Committee Member - 2008

• Lake Nona and Conway Relay for Life Events - 2008

1> East Orlando Chamber of Commerce, President -2003 to 2005, Board Member - 2001 to 2008

• East Orlando Relay for Life, Founding Co-Chair -2003 and 2004

• Florida Hospital East Orlando Foundation Board - 2005

1> Walt Disney World 39.3 miles Goofy Challenge Finisher 2010, 2011, 2012 * AWARDS AND RECOGNITIONS

• Women of Distinction nominee in Government and

Business Categories, Girl Scouts Citrus Council - 2009

• Walt Disney World Marathon Finisher - 2009 • Graduate, Political Leadership 1nstitute - 2008, 2013

15

• Graduate, Tillie Fowler Excellence in Public Service Series - 2008

• East Orange County Non-Rotarian of the Year-2004

• East Orlando Visioning Study, Co-Author - 2003 • Nominated for "Women Who Mean Business;'

Orlando Business Journal - 2004

• Orlando Business Journal's 2005 Businesswoman of the Year under the age of 40, (nominated again in 2008) .....

1111 PROFESSIONAL

• Small Business Owner

I. PERSONAL

P- Born in Winter Park, Florida - raised in Central Florida

i>- Family - husband, David; mother, Lisa; and younger brother, Joshua

• Resident of Avalon Park in East Orange County

G TO CONTACT COMMISSIONER THOMPSON .. Telephone: 407-836-7350

Fax: 407-836-5935

Email: district4@ocfl .net

't\ POSTAL ADDRESS

Commissioner Jennifer Thompson

P.O. Box 1393 Orlando, FL 32802-1393

Join Commissioner Jennifer Thompson on Facebook/Twitter

180

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18.2 1/2

May10,2016 Page1Board of County Commission Minutes

BOARD OF COUNTY COMMISSIONERS


COUNTY COMMISSIONERS

DISTRICT

Bob Solari, Chairman District 5 Present Jason Brown, Management and Budget 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

(Clerk’s Note: Management and Budget Director Jason Brown (future County Administrator) sat in for the current County Administrator, who assumed his position at 9:15 a.m.)

DVD TIMES

PACKET PAGES

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

2. INVOCATION

Philip Katrovitz, Humanist of the Treasure Coast

3. PLEDGE OF ALLEGIANCE

Commissioner Bob Solari, Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

9:04 a.m.

ON MOTION by Commissioner O’Bryan, SECONDED by Commissioner Zorc, the Board unanimously approved the agenda as presented.

5. PROCLAMATIONS and PRESENTATIONS

9:05 a.m.

A. Presentation of Proclamation Designating the Week of May 8 – 14, 2016, as Tobacco Free Florida Week

1

Commissioner Zorc read and presented the Proclamation to Leslie

Spurlock, QuitDoc Foundation, and Tobacco Free Partnership members.

Commission Chambers Indian River County Administration Complex

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

www.ircgov.com

REGULAR MEETING MINUTES

TUESDAY, MAY 10, 2016


9:12 a.m.

B. Presentation by Leslie Spurlock, QuitDoc Foundation, in Appreciation of Indian River County’s Leadership with Tobacco Control

---- Leslie Spurlock, QuitDoc Foundation, presented the County

Commissioners with a plaque acknowledging their support of tobacco-free policies.

9:14 a.m.

C. Presentation by Michelle Dion and Kim Prado, Marine Bank & Trust, on Volunteer Opportunities for the 2016 Vero Beach Air Show on June 25 – 26, 2016 2

Michelle Dion and Kim Prado gave a presentation on the upcoming Vero Beach Air Show (featuring the Blue Angels), which will be held on June 25 and 26, 2016. She also discussed the Meet-And-Greet which will be held at Riverside Park on Saturday, June 25, starting at 5:30 p.m. Information was provided on volunteer efforts and opportunities.

9:33 a.m.

D. Presentation by Curtis Paulisin, First Vice President, and Patricia Geyer, Director of Outreach Programs, provided details on the Indian River County Veterans Council on June 18th Golf Tournament and other Programs. Proceeds go to Veterans Outreach and to Veterans Council.

Curtis Paulisin, First Vice President, Veterans Outreach Programs, provided details on the Annual Veterans Outreach Golf Tournament to be held on June 18, 2016, at the Sandridge Golf Club. Patricia Geyer, Director, Veterans Outreach Programs, provided an overview of the Veterans Council of Indian River County’s Veterans Outreach program, and introduced new programs to the Board. 3-5

6. APPROVAL OF MINUTES

None

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

9:46 a.m.

A. Retirement Award and Proclamation Honoring Brian Williamson on His Retirement From the Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Thirty Years of Service 6-7

Commissioner O’Bryan recognized Brian Williamson on his retirement.

8. CONSENT AGENDA

9:46 a.m.

ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner O’Bryan, the Board unanimously approved the Consent Agenda, pulling Item 8.C. for discussion (at Bob Johnson’s request).

A. Approval of Checks and Electronic Payments – April 22, 2016 to April 28,

2016 8-13 ------------------------------------------------------------------------------------------------------ ---------------- -


(memorandum dated April 28, 2016)

Approved the list of checks and electronic payments as supplied by the Comptroller’s office.

B. Wild Turkey Sand Mine – Third Phase – Cash Deposit and Escrow Agreements for Compliance and Restoration (memorandum dated May 2, 2016) 14-24

Authorized the Chairman to execute the two compliance and restoration Cash Deposit and Escrow Agreements by and between Indian River County, Wild Turkey Estates of Vero, LLC, and Duane C. Pankratz, with regard to the transfer from the second phase to the third phase of the Wild Turkey Sand Mine.

9:47 a.m.

C. Resolution Cancelling Taxes on Property Purchased by Indian River County for Surface Water Storage and Treatment (memorandum dated April 29, 2016) 25-32

Bob Johnson, Coral Wind Subdivision, sought additional information on this item. Deputy County Attorney Bill DeBraal addressed Mr. Johnson’s concerns and clarified the intent of the Resolution. ON MOTION by Commissioner O’Bryan, SECONDED by Commissioner Zorc, the Board unanimously approved and authorized the Chairman to execute, Resolution 2016-043, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Purchased by the County from RREF RB 2012 LT1-FL PHP, LLC for surface water storage and treatment).

D. Work Order No. 8 Morgan & Eklund, Inc., 2016 Beach Profile Monitoring Surveys – Summer (memorandum dated April 28, 2016) 33-39

Approved and authorized the Chairman to execute on behalf of the County, Work Order No. 8 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc.

E. Work Order No. 13 CB&I Coastal Planning and Engineering, Inc., Sector 3 Beach Restoration Project, 2016 Post Construction Physical Monitoring Services (memorandum dated April 27, 2016) 40-49

Approved and authorized the Chairman to execute on behalf of the County, Work Order No. 13 to the contract with CB&I Coastal Planning and Engineering, Inc. (f/k/a Coastal Planning & Engineering, Inc.)

F. Approval of Work Order No. MMRT-1 for Professional Land Surveying and Mapping Services for Osprey Acres Stormwater Park (memorandum dated May 3, 2016) 50-60

-----------------------------------------------------------------------------------------------------------------------


Approved Alternative No. 1, Work Order No. MMRT-1 with Masteller, Moler, Reed & Taylor, Inc.

G. Approval of Award for Bid 2016028 – Annual Bid for Street Sweeping (memorandum dated May 2, 2016) 61-62

(1) Awarded Bid 2016028 to International Sweeping, Inc., DBA Facilities Pro-Sweep; (2) authorized the Purchasing Division to issue blanket purchase orders for the period of June 1, 2016 through May 31, 2017, to the recommended bidder, after receipt and approval of required insurance by Risk Management; and (3) authorized the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County.

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

9:50 a.m.

1. Ordinance Concerning Medical Marijuana

(memorandum dated May 2, 2016) 63-81

Legislative

Proof of Publication of Advertisement for Hearing is on file in the Office of the Clerk to the Board. County Attorney Dylan Reingold recalled the Board’s direction on April 5, 2016, for the County Attorney’s office to revisit Ordinance 2014-018 (pertaining to medical marijuana regulations), which the Board adopted in October 2014. He reported that the Board repealed Ordinance 2014-018 after the defeat of Amendment 2, which pertained to the medical use of marijuana, in the November 2014 election. Attorney Reingold stated that a new Amendment 2 will be presented at the November 2016 election. He asked the Board to consider the proposed Ordinance, incorporating the regulation of medical marijuana into Chapter 315 of the County Code, the Indian River County Pain Management Clinic and Controlled Substances Ordinance. He noted that there will also be a companion Zoning Ordinance, which the Planning and Zoning Commission would consider in August 2016, followed by two public hearings by the Board of County Commissioners. The Chairman opened the Public Hearing.


There were no speakers; the Chairman closed the Public Hearing. ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner O’Bryan, the Board unanimously adopted Ordinance 2016-005, amending Chapter 315 of the Code of Indian River County entitled “Indian River County Pain Management Clinic and Controlled Substances Ordinance” to include regulations and prohibitions of certain activities relating to medical marijuana; and providing for severability, codification and an effective date. Commissioner Zorc questioned whether changes to the County’s personnel policies may be required regarding potential human resources liability issues, if a County employee opts to use medical marijuana as a treatment. The Board CONSENSUS was to direct the County Attorney to report back to the Board on potential human resource issues that may arise for the County with regards to an employee’s use of medical marijuana.

B. PUBLIC DISCUSSION ITEMS

9:56 a.m.

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

1. Request to Speak from Susan Mehiel Regarding AAF/FEC and the Nuclear Power Plant – Phyllis Frey will be speaking on Susan Mehiel’s behalf 82

Phyllis Frey, 275 Date Palm Road, gave a presentation on behalf of Susan Mehiel, outlining concerns about the increased passenger and freight traffic (including hazardous materials) that will be generated by the All Aboard Florida (AAF) Project, particularly on the rail line near the St. Lucie Nuclear Power Plant (the Nuclear Plant). She spoke about a letter sent by the Town of St. Lucie Village’s (the Village) mayor, William Thiess, requesting that State and Federal agencies make sure there are sufficient plans and procedures to mitigate safety risks and respond to potential catastrophic incidents. Ms. Frey requested that the County Commissioners also send correspondence urging the appropriate agencies to make sure that appropriate safety plans and procedures have been formulated. (Clerk’s Note: All Aboard Florida a/k/a Brightline) Chairman Solari asked Administrator Baird to write to the appropriate agencies; Attorney Reingold stated he would assist with the letter.


Discussion ensued on the possibility of Liquefied Natural Gas (LNG) being transported on the railway, and the County’s training procedures for Emergency Services personnel. Keith Kite, 1045 Winding River Road, suggested that staff obtain a daily manifest (of materials) from the Florida East Coast Railroad (FECR) for freight trains passing through the County, and stated that since AAF’s 100% Plans have been submitted, it would be a good opportunity for the County to address safety issues. County Administrator Joe Baird affirmed that he would have staff procure the daily manifest from the FECR.

Public Works Director Chris Mora stated that staff was in the process of reviewing AAF’s 100% Plans. The Board’s CONSENSUS was to have the Public Works Department host a public workshop on AAF’s 100% Plans, with the date to be determined at a future Board meeting. Joseph Paladin discussed his concerns on how the additional rail traffic would reduce Levels of Service (LOS) on the roads and make it harder for developers to achieve concurrency.

C. PUBLIC NOTICE ITEMS

10:15 a.m.

1. Notice of Scheduled Public Hearing for May 24, 2016: County Initiated Request to Amend (update) the Text of Several Elements of the County’s Comprehensive Plan, Including the Future Land Use Element, the Recreation and Open Space Element, the Transportation Element, the Economic Development Element, and the Solid Waste Sub-Element Legislative (memorandum dated April 21, 2016) 83-84

(Clerk’s Note: This item was read during a pause under Item 10.B.1, and is placed here for continuity). County Attorney Dylan Reingold read the notice into the record.

11. COUNTY ADMINISTRATOR MATTERS

10:26 a.m.

A. Health Insurance Subsidy for Retirees (memorandum dated April 29, 2016)

85-86 County Administrator Joseph Baird presented background and analysis

on a policy that was instituted in June 2008 that specified that a retiree reaching the eligible age for Medicare would lose the County health insurance subsidy. He reviewed the available options for retirees at that


time, and explained that the proposed changes would allow a retiree’s dependents to remain on the County health insurance plan at the subsidized rate when the retiree enrolls in Medicare. A brief discussion period ensued. ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously approved: (1) the change to the retiree health insurance subsidy policy as outlined in staff’s report; staff proposes that retirees remain eligible for any subsidy that has been earned until both the retiree and spouse (or other eligible dependent) have become eligible for Medicare. In order to keep the subsidy after the retiree reaches the eligible age for Medicare, the retiree must enroll in Medicare Parts A and B. At such time when both the retiree and spouse (or eligible dependent) reach the eligible age for Medicare, the County subsidy will terminate; and (2) the changes to the health insurance subsidy policy for retirees, and authorized the County Administrator to execute the updated policy. The Chairman called a recess at 10:29 a.m., and reconvened the meeting at 10:40 a.m., with all members present.

12. DEPARTMENTAL MATTERS

A. Community Development None

B. Emergency Services

None

C. General Services

None

1. Human Services

None 2. Sandridge Golf Club

None 3. Recreation

None

D. Human Resources


None

E. Office of Management and Budget

10:40 a.m.

1. Quarterly Budget Report

(memorandum dated April 13, 2016) 87-99

Management and Budget Director Jason Brown gave a Prezi Presentation detailing the budget report for the second quarter of Fiscal Year 2015-2016. Discussion ensued, with input from Administrator Baird, on the County’s goal to transition the Shooting Range to an Enterprise Fund. Incoming Management and Budget Director Michael Smykowski spoke in support of the County’s conservative fiscal policy.

11:03 a.m.

2. Declaration of 16th Street Ballfields as Surplus and Authorization for Disposal (memorandum dated May 2, 2016) 100-111

Incoming Management and Budget Director Mike Smykowski stated that the 16th Street Ballfields Property had been discussed at several Board Meetings, and at the February 16, 2016 meeting, the Board approved an agreement to terminate (effective June 1, 2016), the agreement with the existing tenant, the Indian River Sports Complex (IRSC), which leases the fields for youth ball games. He thereafter provided analysis and staff’s recommendation for the Board to declare the property surplus, and dispose of it by sealed bid. Discussion ensued, with input from Senior Planner John McCoy, regarding the zoning/land use classification of the property and regarding the possibility of St. Francis Manor acquiring a portion of the surplus property.

Derek Muller, President Indian River Sports Complex (IRSC), and Cal Ripken Youth Baseball League, requested that the Board extend the lease agreement with IRSC until such time that the property is disposed. Commissioner O’Bryan stressed that he would support the extended lease, provided that Mr. Muller advises the parents of the players that the use of the field will be discontinued when the property is sold. MOTION WAS MADE by Vice Chairman Flescher, SECONDED by Commissioner Zorc, to: (1) designate Parcel 33390200000700000001.3 as surplus to the County’s needs and


directed its disposal by sealed bid sale; the high bid will be presented to the Board for award and ratification; and (2) authorize the Indian River Sports Complex to continue renting the 16th Street Ballfield Complex property on a month-to-month basis for ballgames to the date of sale, with the caveat that the Indian River Sports Complex must notify the parents that the parcel is up for sale and the use of the fields may be terminated at any time. Commissioner Zorc requested that the Public Works Department take stock of any right-of-way or retention pond areas that might be needed by the County in the future. MOTION WAS AMENDED by Vice Chairman Flescher, SECONDED by Commissioner Zorc, to direct the Public Works Department, when considering sale of the property, to take into consideration any right-of-way or retention pond areas on the parcel which the County may need in the future. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board: (1) designated Parcel 33390200000700000001.3 as surplus to the County’s needs and directed its disposal by sealed bid sale; the high bid will be presented to the Board for award and ratification; (2) authorized the Indian River Sports Complex to continue renting the 16th Street Ballfield Complex property on a month-to-month basis for ballgames to the date of sale, with the caveat that the Indian River Sports Complex must notify the parents that the parcel is up for sale and the use of the fields may be terminated at any time; and (3) directed the Public Works Department, when considering sale of the property, to take into consideration any right-of-way or retention pond areas on the parcel which the County may need in the future. Attorney Reingold advised that staff would bring back to the May 24, 2016 Board meeting, an amended termination clause to the agreement with the Indian River Sports Complex.

F. Public Works

11:32 a.m.

1. Outer Continental Shelf Marine Sand, Gravel, and Shell Resources Regulation; Identifier Number (RIN) 1010-AD90; BOEM Proposed Rule 30 CFR 583 (memorandum dated May 2, 2016) 112-129

Assistant Public Works Director Richard Szpyrka began the PowerPoint Presentation with background on the County’s Beach Preservation Plan (BPP), which uses both upland and offshore sand sources to offset erosion on its beaches.


County Coastal Engineer James Gray reported that approximately 40% of the offshore sand resources required for beach restoration over the next 30 to 50 years lie within Federal waters. He continued the PowerPoint Presentation to elaborate on the U.S. Department of Interior, Bureau of Ocean Energy Management’s (BOEM) proposed rule changes for the use of offshore sand, and reviewed staff’s concerns/questions on how the changes may affect the County’s beach program. Coastal Engineer Gray thereafter asked the Board to approve staff’s comments on the proposed letter to BOEM. Commissioner O’Bryan requested that staff add to the proposed letter, comments about preserving some of the County’s vested rights to portions of the borrow area sediment (marine sand, gravel, and shell resources). Chairman Solari requested that staff change the salutation portion of the draft letter from “Dear Sir or Madam” to the name of a specific BOEM staff member. ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously: 1) approved staff comments on the proposed U.S. Department of Interior Bureau of Ocean Energy Management (BOEM) rule changes; and (2) authorized the Chairman to execute the letter after it is addressed to a specific U.S. Department of Interior Bureau of Ocean Energy Management (BOEM) staff member, and after additional verbiage is added regarding the County’s vested interest in a portion of the high quality offshore sand.

11:41 a.m.

2. Update – U.S. Army Corps of Engineers (USACE) proposed plan to dredge and relocate bulk ocean sand from Martin and St. Lucie Counties to Miami-Date County (memorandum dated May 2, 2016) 130-133

Assistant Public Works Director Richard Szpyrka recalled that in January 2016, the Board had approved and sent to the United States Army Corps of Engineers’ (USACE), Resolution 2016-007, opposing the USACE’s proposal to dredge and relocate ocean sand from Martin and St. Lucie Counties to Miami-Dade County. Coastal Engineer James Gray used a PowerPoint Presentation to provide background on the Southeast Florida Sediment Assessment and Needs Determination (SAND) study that was conducted by the Florida Department of Environmental Protection (FDEP) and the USACE. The SAND study (which did not include Indian River County), indicated that Miami-Dade County offshore sand sources are almost depleted, and that large


quantities of offshore sand were available in St. Lucie and Martin Counties. Subsequently, the USACE Jacksonville District, issued a Findings of No Significant Impact (FONSI) statement on the proposal to use the alternative sand sources. In response, at its April 18, 2016 meeting, the Beach and Shore Preservation Advisory Committee approved a Motion to move forward with a coordinated response to the proposal to transmit sand from Martin and St. Lucie Counties to Miami-Dade County. Assistant County Attorney Kate Pingolt Cotner reported that St. Lucie and Martin Counties are trying to form a coalition with the neighboring counties to see if a change can be made to the Federal law stating that for federally-funded projects, non-domestic sand sources can only be used only if domestic sources are not available. Commissioner O’Bryan commented that perhaps the change in the law should say… “non-domestic sand sources can be used if domestic sources are not economically competitive…” ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously: (1) supported the Beach and Shore Preservation Advisory Committee’s request to move forward with a coordinated response with Martin and St. Lucie Counties, through applicable County regulations to the State, and then to the Federal offices, Representatives, Department of the Interior, and the Office of Management and Budget and request a hearing for open public discussion on the United States Army Corps of Engineer’s proposal to dredge and relocate sand from offshore of St. Lucie and Martin Counties to Miami-Dade County, and to see if Congressman Patrick Murphy would join the Coalition with the Counties; and (2) directed staff to begin discussions with St. Lucie and Martin Counties, the Florida Department of Environmental Protection, and the United States Army Corps of Engineers.

12. DEPARTMENTAL MATTERS

G. Utilities Services

None

13. COUNTY ATTORNEY MATTERS None

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

11:50 a.m.

1. Additional Water Sampling

(memorandum dated May 10, 2016) 134-138

Commissioner Zorc discussed four water sampling collection points in the eastern part of the Indian River Farms Water Control District (IRFWCD) network, where heavy concentrations of nutrient growth have been found. He asked if the Board wanted to undertake an in-depth analysis of those areas to determine the sources of said nutrients; see what additional collection points could be added to track the nutrient loads from the western part of the network continuing east; and have staff report back on the costs of analyzing the four areas currently being sampled, as well as the remainder of IRFWCD’s canal network on an ongoing basis. Commissioner O’Bryan suggested that due to the cost, one of the four sites should be selected for a targeted analysis. He also spoke to the importance of installing a rain gauge network. Discussion ensued about using the collection point at 85th Avenue and 8th Street for the analysis, because it is not near a golf course (thought to contribute more nutrients). ON MOTION by Commissioner Zorc, SECONDED by Commissioner O’Bryan, the Board unanimously directed staff to return to the Board with recommendations and costs, for: (1) undertaking an intensive analysis of the 85th Avenue and 8th Street data collection point for water sampling, to acquire more data of the nutrient loading of the canal water that flows to the Indian River Lagoon; (2) analyzing the water flowing from the west to the east to explore any variations in nutrient loads; (3) adding supplementary water sampling locations to the west of the


four sites currently being sampled by the St. Johns River Water Management District; and (4) installing a rain gauge network.

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 12:05 p.m.

ATTEST:

________________________________ _______________________________

Jeffrey R. Smith, CPA, CGFO, CGMA Bob Solari, Chairman Clerk of Circuit Court and Comptroller

By: _____________________________ Approved: _______________________ Deputy Clerk BCC/MG/2016Minutes


Back-Up Agenda Item l3B --------------------------------,

INDIAN RIVER COUN1Y BOARD OF

COUN1Y COMMISSIONERS

FY 2017-2018 STATE LEGISLATIVE ISSUES OF CONCERN

GUIDING PRINCIPLES

• Indian River County BCC SUPPORTS maintaining the integrity of county home rule power, both administrative and fiscal..

• Indian River County BCC OPPOSES any unfunded mandate legislation which would compel local governments to provide a service, program, or benefit without providing the appropriate monies or a funding source.

SPECIFIC LEGISLATIVE ISSUES OF CONCERN AND THE COUNTY'S POSITION

1.CANAVERAL PORT AUTHORITY FOREIGN TRADE ZONE

• Indian River County BCC SUPPORTS an amendment to the Canaveral Port District Charter to

remove the current language which limits the foreign trade zone boundary to Brevard County.

2. TRANSPARENCY, ACCOUNTABILITY, AND OVERSIGHT OF THE

FLORIDA MUNICIPAL POWER AGENCY (FMPA)

• Indian River County BCC SUPPORTS legislation to require greater oversight, transparency and

accountability by the Florida Municipal Power Agency (FMP A) to its member municipalities and

ratepayers

13. ALL ABOARD FLORIDA

• Indian River County BCC OPPOSES any state funding for AAF and its passenger rail project; and

SUPPORTS legislation that regulates passenger rail to protect the State of Florida's citizens, local

governments, wildlife, waterways, and natural environment.

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14. INDIAN RIVER LAGOON

• Indian River County BCC SUPPORTS legislation to appropriate funding for local government

projects and programs that will protect the economic wellbeing of Indian River County by treating

and monitoring the health of the Lagoon.

15. BEACH RESTORATION AND NOURISHMENT

• Indian River County BCC SUPPORTS the continuation of a statutory funding source for beach

restoration and nourishment projects.

6. COUNTY FUNDING OF COURT RELATED FUNCTIONS

• Indian River County BCC SUPPORTS legislation to remove the automatic 1.5% increase in fund

ing for Court related functions; and SUPPORTS legislation which would both increase the service

fee charged for recording documents and increase the amount distributed to local governments to

be used exclusively to fund court-related technology.

17. COUNTY SHARE OF COST FOR MEDICAID SERVICES

• Indian River County BCC SUPPORTS legislation to establish a 3% cap on growth in the individ

ual county Medicaid costs under s. 409.915, F.S., and OPPOSES efforts to further shift state

Medicaid costs to counties.

8. WASTE MANAGEMENT

• Indian River County BCC OPPOSES any legislation which would inhibit a local government's

ability to meet the statutory requirement under Section 403. 7032, Florida Statutes, to recycle 7 5%

of its solid waste by the year 2020.

9. MEDICAL EXAMINERS

• Indian River County BCC OPPOSES legislation that prohibits medical examiners from charging a

fee for examination and autopsy services that a medical examiner is required to perform by law for

cremation services.

10. MILLAGE RATES

• Indian River County BCC OPPOSES legislation that negatively changes the formula for calculating

a local government's maximum millage rate; and OPPOSES legislation that prohibits local govern

ments from redeeming earned rolled back credits.

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11. LOCAL GOVERNMENT TAX REFERENDA

• Indian River County BCC OPPOSES legislation that requires a 60% threshold for passage of a local tax referenda during a general election.

12. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR LIFE

SUPPORT OR AIR AMBULANCE SERVICE

• Indian River County BCC OPPOSES legislation that requires counties with a independent special fire rescue district to adopt an ordinance establishing reasonable standards for the issuance of a COPCN for Advance Life Services (ALS) and Basic Life Services (BLS) transport services ordinance must also provide a quasi-judicial review process for the approval or denial of the application and allow an applicant whose COPCN application is denied to appeal the county commission's decision in the circuit court with jurisdiction over the county

13. FIREFIGHTERS

• Indian River County BCC OPPOSES legislation that creates a presumption that a full-time employed firefighter with a condition caused by multiple myeloma, non-Hodgkin's lymphoma, prostate cancer or testicular cancer, and which results in total or partial disability or death, is caused by his or her employment, unless the contrary is shown by competent evidence.

14. TOURIST DEVELOPMENT TAX

• Indian River County BCC OPPOSES legislation that mandates tourist development funds be di-verted away from local communities.

15. DERELICT VESSELS

• Indian River County BCC SUPPORTS legislation that would stream line the process to remove derelict vessels from the waterways of the State of Florida.

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