BCC021715AP.pdf - Indian River County

February 17, 2015 of 8

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

Wesley S. Davis, Chairman District 1 Joseph A. Baird, County AdministratorBob Solari, Vice Chairman District 5 Dylan Reingold, County Attorney Joseph E. Flescher District 2 Jeffrey R. Smith, Clerk of the CircuitPeter 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

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

None

6. APPROVAL OF MINUTES

A. Regular Meeting of January 20, 2015

B. Special Call Meeting of January 28, 2015

County Commission Chamber Indian River County Administration Complex

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

www.ircgov.com

TUESDAY, FEBRUARY 17, 2015 - 9:00 A.M.


7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOTREQUIRING BOARD ACTION

PAGE

A. Town of Indian River Shores, City of Vero Beach, and Indian River County Mediation – December 17, 2014 Meeting Minutes 1-13

B. 2015 Election of Beach & Shore Preservation Advisory Board Chairman and Vice Chairman (memorandum dated February 9, 2015) 14

C. Florida Department of State Minority Appointment Reporting Calendar Year 2013 (memorandum dated February 2, 2015) 15-25

8. CONSENT AGENDA

A. Approval of Warrants January 30, 2015 to February 5, 2015 (memorandum dated February 5, 2015) 26-34

B. Escheated Properties Located Within the Municipal Boundaries of the City of Fellsmere (memorandum dated February 6, 2015) 35-38

C. Miscellaneous Budget Amendment 007 (memorandum dated February 9, 2015) 39-43

D. Declaration of Excess Equipment as Surplus for Sale or Disposal (memorandum dated February 2, 2015) 44-47

E. Work Order No. 1, Kimley-Horn & Associates, Inc., 45th Street Left Turn Lane at US1, IRC Project No. 1355 (memorandum dated February 9, 2015) 48-54

F. Award of Bid Old Dixie Highway Sidewalk from 38th Lane to 45th Street, IRC Project No. 0845B, Bid No. 2014032 (memorandum dated January 28, 2015) 55-65

G. Florida Blue – Administrative Services Agreement Renewal (memorandum dated February 9, 2015) 66-69

H. Authorize County Administrator to Execute the Business Associate Agreement and Confidentiality Agreement pertaining to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (memorandum dated February 9, 2015) 70-86

I. Authorize County Administrator to Execute the BlueMedicare Group Master Agreement (memorandum dated February 9, 2015) 87-106

Item PulledFrom Agenda


8. CONSENT AGENDA PAGE

J. Approval of Release of Retainage for GFA Work Order #GFA-3 for Osprey Marsh Stormwater Park (memorandum dated February 9, 2015) 107-109

K. 2015/2016 Budget Workshop / Hearing Schedule (memorandum dated February 9, 2015) 110

L. Approval of State Sovereignty Submerged Lands Fee Waived Lease 5-Year Renewal for Boat Club Island (Spoil Island IR-25) (memorandum dated February 10, 2015) 111-123

M. John and Kari Tench’s Request for Partial Release of an Easement at 5821 Bent Pine Drive (Bent Pine Subdivision, Unit 4) (memorandum dated February 10, 2015) 124-130

N. Approval of Release of Retainage for Various Tasks of Work Order No. L-1, and Associated Change Orders with G.K. Environmental, Inc. for Egret Marsh Stormwater Park (memorandum dated February 6, 2015) 131-133

O. Consent to Assignment and Assumption of License by Vertical Bridge Acquisitions, LLC (memorandum dated February 10, 2015) 134-137

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

A. Indian River County Sheriff Deryl Loar Request for Funding for Improvements to the Indian River County Jail (letter dated February 9, 2015) 138-143

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Tracy Sabol’s Request for Abandonment of a Right-of-Way for a 16’ Alleyway Running from 129th Place to 130th Street and Lying Behind Lots 1-10, Block 1 of the Townsite Plat of Roseland Subdivision (memorandum dated February 6, 2015) 144-156

Legislative


10. PUBLIC ITEMS PAGE

A. PUBLIC HEARINGS

2. Public Hearing to Consider Amending the Code of Indian River County to Create “The Indian River County Driver Education Program Trust Fund” to Implement the Dori Slosberg Driver Education Safety Act (memorandum dated February 5, 2015) 157-163

Legislative

B. PUBLIC DISCUSSION ITEMS

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

1. Request to Speak from Susan Mehiel Regarding the county’s efforts to fight AAF and in support of the county setting aside funds for the legal efforts to stop the train 164

C. PUBLIC NOTICE ITEMS

None

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

1. Authorization for 45th Street Beautification Project: Phase I and Resurfacing Improvements (memorandum dated January 26, 2015) 165-171

2. Condemnation, Demolition and Removal of Unsafe Structures Located at 2313 3rd Avenue SE, 4401 31st Avenue, 2460-2480 41st Street, and 1165 6th Avenue (memorandum dated January 23, 2015) 172-201

3. Review of INEOS New Planet BioEnergy LLC’s Ad Valorem Tax

Exemption Annual Report (memorandum dated January 29, 2015) 202-218

B. Emergency Services

None


12. DEPARTMENTAL MATTERS PAGE

C. General Services

1. Replacement of Weathered Seats in Historic Dodgertown’s Holman Stadium (memorandum dated February 10, 2015) 219-226

1. Human Services

None 2. Sandridge Golf Club

None 3. Recreation

None

D. Human Resources

None

E. Office of Management and Budget

1. Potential Refunding of Land Acquisition Bonds Series 2006 (memorandum dated February 10, 2015) 227

2. Approval of Firm Selection for RFP 2015024 – Lessee to Provide

Concessionaire Services at Sandridge Snack Bar (memorandum dated February 9, 2015) 228-237

F. Public Works

None

G. Utilities Services

None

13. COUNTY ATTORNEY MATTERS

A. First Amendment to Court Funding Interlocal Agreement (memorandum dated February 11, 2015) 238-246

B. Resolution Regarding the Florida Auditor General’s Preliminary and Tentative Audit Findings and Recommendations Concerning FMPA and the Plans of the City of Vero Beach in Response to that Audit (memorandum dated February 11, 2015) 247-251


14. COMMISSIONERS MATTERS PAGE

A. Commissioner Wesley S. Davis, Chairman

1. District 1 Announcement (memorandum dated February 11, 2015) 252

B. Commissioner Bob Solari, Vice Chairman

1. All Aboard Florida (memorandum dated January 30, 2015) 253

2. IRL – NEP

(memorandum dated February 11, 2015) 254

C. Commissioner Joseph E. Flescher

None

D. Commissioner Peter D. O’Bryan

None

E. Commissioner Tim Zorc

1. Discussion on Planning of Future Fire Station Locations (memorandum dated February 9, 2015) 255

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

1. Approval of Minutes Meeting of December 16, 2014

2. Approval of Minutes Meeting of January 13, 2015

3. Emergency Services District Capital Improvements

(memorandum dated February 10, 2015) 256-260

4. Work Order #4 for Fire Rescue Station #13 (4th Street and 43rd

Avenue) (memorandum dated February 10, 2015) 261-267


15. SPECIAL DISTRICTS AND BOARDS PAGE

B. Solid Waste Disposal District



3. CCNA-2014 Work Order No. 1 to CDM Smith, Inc. for Engineering Services with the 2015 Annual Permit Compliance Monitoring and Reporting (memorandum dated February 6, 2015) 268-282

4. CCNA-2014 Work Order No. 2 to CDM Smith, Inc. for the 2015

Annual Financial Assurance Report (memorandum dated February 6, 2015) 283-289

5. Amendment No. 1 to Work Order No. 1 to Kessler Consulting, Inc.,

for Solid Waste Procurement & Technical Services (memorandum dated February 6, 2015) 290-297

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

Clerk to the Board

December 17,2014

THE TOWN OF INDIAN RIVER SHORES, CITY OF VERO

BEACH AND INDIAN RIVER COUNTY MEDIATION

~~ AI, J !1\

Representatives from the Town of Indian River Shores (the "Town"), the City of Vero

Beach (the "City"), and the Board of County Commissioners of Indian River County, Florida

(the "County") met in mediation at the City of Vero Beach Community Center, 2266 14th

Avenue, Vero Beach, Florida, at 9:30a.m. on Wednesday, December 17, 2014.

The purpose of the mediation was to promote a productive mediation effort as part of the

conflict resolution process between the Town, the City and the County relating to the City' s

Electric Utility.

CALL TO ORDER

Carlos Alvarez, Esquire, Mediation, Facilitations, and Negotiations, called the meeting to order at 9:35 a.m. He introduced himself as the mediator the parties had retained through the mediation hearing and briefly summarized how he would conduct the hearing.

1. INTRODUCTIONS I PURPOSE OF WORKSHOP

Present for the Town of Indian River Shores was Town Manager Robbie Stabe, the Town's Legal Counsel Bruce May and Kevin Cox from Holland and Knight and Terry Deason, Electric Utility Consultant from Holland and Knight, Mayor Brian Barefoot, Town Attorney Chester Clem, and Town Clerk Laura Aldrich.

Present for the City of Vero Beach was City Attorney Wayne Coment, the City's Legal Counsel Robert Scheffel "Schef' Wright, City Manager Jim O'Connor, Mayor Richard Winger, and City Clerk Tammy Vock.

Town of Indian River Shores- City ofVero Beach- Indian River County Electric Utilities Mediation December 17, 2014

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Present for the County were the County's Outside Counsel Floyd Self from Gonzales, Saggio, and Harlan LLP, Tallahassee, County Attorney Dylan Reingold, Commissioner Peter D. O'Bryan, and Deputy Clerk Terri Collins-Lister.

Mediator Alvarez stated that the conflict between the Town, the City and the County fell under the Florida Governmental Conflict Resolution Act as set forth in Chapter 164 of the Florida Statutes. He explained mediation was a conversation between parties in which a neutral party gets involved to help them understand the matter better and to come up with ideas to resolve the conflict. He made it clear this was not an adversarial proceeding, but a collaborative effort from all parties. He added that some mediations could be solved within a day; however, some took more effort and any agreement reached during session would need to be taken back to their respective government bodies to be voted on.

He discussed two important ways of negotiating:

1. Interest-Based Mediation - the position of the parties and the process which begins with understanding the problem and identifying the interests that underlie each side's issues and positions.

2. Analyze best and worst alternatives to any settlement proposed - the best and worst alternatives to a negotiated settlement and the parties needed to look at the time put into mediations, as well as the costs, time, relationships of parties afterwards involved in litigation.

OPENING STATEMENTS ON THE ISSUES IN CONFLICT

Mediator Alvarez turned the mediation over to the Town' s, the County's and the City' s representatives to give their opening statements, and said he would begin with the Town and the County, then the City ofVero Beach.

The Town of Indian River Shores' Opening Statement

Bruce May, the Town's Attorney touched on one part of the City's mediation which suggested the City may have misunderstood the Town's fundamental concerns. He referenced in the mediation statement by the City, the City stated the Town's dispute was really about their desire for lower electric rates. He added, while reasonable electric rates were important to the Town and its citizens, the City's history of extremely high rates and its disenfranchisement to the Town and its citizens were really just symptoms of a much more fundamental concern of which the Town believes the City has no real control over its destiny, electric utility and electric rates. He explained as part of the conflict resolution process, the parties participated in a series of local meetings in efforts to resolve the dispute. He said what was clear: 1) the City owns the electric utility which it has contracted to sell to Florida Power & Light Company (FPL ), and the City said they were powerless when it came to making the sale happen; 2) the Town applauds the City for trying to lower its electric rates. The City confirmed it simply cannot

Town of Indian River Shores- City ofVero Beach- Indian River County Electric Utilities Mediation December 1 7, 2014

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bring its rates down comparable to FPL because of the City's predecessors who have locked the City into a long-term power supply; and 3) the City continues to set its rates at a level which caused the Town and other captive non-resident customers to produce millions of dollars of surplus electric revenue, which the City transfers to its general operating fund.

Attorney May said that faced with those three realities, the Town believes the City no longer has the power or the will to independently manage its electric utility business and thus unable to assure that the Town and its citizens would receive fair and reasonable priced service over the long term. He said the City to date has not acknowledged that the Town has an equally independent fundamental interest and responsibility to protect its citizens from unfair rates and utility prices. He continued that the legislature has given the Town specific expressed statutory powers to provide electric service to its inhabitants by either providing the service itself, or by contracting with other utility providers. He said the core issue was not the high rates, but municipal law and whether the City had the right to assert extra-territorial monopoly electric powers and abstract monopoly rates after the franchise agreement expires in November 2016. He referred to Florida Statutes Section 180.02, Powers of Municipalities.

Attorney May indicated the Town had been working on ways to solve this issue for the interest of all parties. He asked the City to consider respecting the rights of the Town to furnish electricity to its residents, pursuant to the express powers granted to the Town in the Laws of Florida, Chapter 29163.

Indian River County's Opening Statement

Peter O'Bryan, Indian River County Board of County Commissioners, stated the County's long held best solution in the City's electric issue was the full and complete sale ofthe utility to FPL. He opined the City showed a lack of will to make a 100% commitment to complete the sale, or to explore all options due to their reluctance to pass along tax increases to the citizens of Vero Beach, or to give up their subsidies to the general fund. The County felt with the restrictions of the Florida Municipal Power Agency (FMPA), the City had no leverage being under contract with the FMP A, or bargaining position, and was forced to accept these contracts that continue to perpetuate additional costs passed on to the ratepayers and not the taxpayers.

The City ofVero Beach's Opening Statement

Robert Scheffel "Schef' Wright, the City's Outside Counsel, stated the City's electric rates were higher than they wished. He said the decisions by the City throughout the years had put them in the position they were in today in terms of electric rates. He reiterated the City was committed to doing everything they could to reduce the electric rates.

Attorney Wright pointed out the City signed a contract to sell the whole electric system to FPL and he expounded, "you just cannot walk away from a contract". He explained that the City and the Orlando Utilities Commission (OUC) had an agreement with FMP A, of which OUC


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determined they could not take an assignment without violating their bond covenant and that FMPA would not change their bond covenants to accommodate OUC.

Attorney Wright maintained that the City's interest was to provide safe and reliable service, and continue earning a reasonable return on their equity, as well as provide service at the lowest possible cost by discussions with OUC which provided 60% of the City's power, pursuant to the 2008 Power Purchase Agreement to get lower rates. He indicated OUC has been very generous and cooperative in working towards some options to assist the City in getting rates lowered. He indicated one option was to continue with the contract, which had 15 years remaining, for the full remainder 15 years with substantial discounts, in return for concessions, including an option to buy the St. · Lucie output under the purchasing agreement and taking permanent assignment of the gas transportation contract. He pointed out another option was reducing the remaining period to nine years, shortening the term by six years, but with higher prices. Additionally, a rate study was being done by Public Resources and Management Group to evaluate costs, rates, evaluating a specific alternative, and finance capital expenditures, as opposed to paying annual capital expenditures. He anticipated the completion of the rate study sometime in March or April 2015. He concluded the City was on the threshold of issuing a contract to study the system efficiency/optimization of the City Electric System. It was noted the City adopted a resolution authorizing staff to work with the Town and the County with a referendum and a resolution to move forward with a utility authority to provide geographic representation to all customers with the authority to operate the business of the electric utility system.

Attorney Wright concluded the City's position was that the electric rates were higher than they would like and that the City's rate of return was reasonable. The City felt the Florida Public Service Commission (PSC) had the superior jurisdiction to declare who served where, and the Town had the statutory power to run an electric utility system.

Mediator Alvarez summarized that all parties were in agreement in that they wanted the electric rates lower and everyone/someone would need to suffer a bit or a lot financially going forward. He said everyone had done a great job identifying interests and took the parties through a problem-solving exercise.

Mediator Alvarez identified the problems he perceived though the mediation statements provided by the Town, the County, and the City.

Parties want Lower Electric Rates in the Long Term

A discussion ensued on the electric rates, and the County wanted the City's rates within the range of 5% of the present FPL rates now and going forward. Attorney Reingold stated if the FPL deal does not go through, the County wanted to see lower rates within a 5% range of FPL, plus or minus, an electric utility authority that was controlled by a governing board that fairly and proportionally represents the geographic makeup of the City electric utility customer base and the cessation of the subsidy to the City's general fund by the City of Vero Beach Utility. Attorney May spoke up for the Town and wanted it to be clear that all parties wanted lower rates for the long term.

Town of Indian River Shores- City ofVero Beach- Indian River County Electric Utilities Mediation December 17, 20 14

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Mediator Alvarez brought up the rates and felt the electric generation mix was disproportionate. He explained the rates were dependent on the prices of oil, coal, gas, or nuclear. It was one of the reasons for the difference in rates between the City and FPL. Attorney Wright replied in the affirmative and commented the City was coal heavy, whereas FPL rates were gas driven.

No Representation of the Town or County Citizens in the Utility Decision Making

Commissioner O'Bryan brought up the fact that there was no representation from the Town or County citizens and discussed the transfers between the electric utility and the City's general fund. He brought up the Return on Investment (ROI) and noted FPL's ROI goes to the shareholders. They were the ones who put up the money to buy the stocks and invest the capital, whereas with the City, it was the customers of the electric utility making the investment. He continued stating that when FMPA passed on their excessive fuel costs to the City, the City did not raise taxes to pay for it; they raised the electric rates. It was the County's contention that besides the issue of whether a government agency should be making a ROI, they felt the ROI should go back to customers of the electric utility. He concluded that the County's position to take the 60% paid for by citizens outside the city limits, and to use that to subsidize the taxes for the city residents was immoral and wrong. He stated the 60% included those residents in the County and the Town, who could not vote in the City elections or have a voice on how the money was spent.

Mediator Alvarez wondered whether it would be in the interest of the County and Town to have a governance of the utility to be more representative ofthe citizens they serve, if the City electric rates were the same as FPL rates (long term) today.

Attorney May said his research showed the percentage of non-resident customers today, with over 60% ofthe customers being outside the municipal limits, and currently disenfranchised with no say on utilities management, was unprecedented. He felt if a utility authority was created, it would have control over the utilities finances, operations, and rate setting, including whether to continue or discontinue the utility revenue transfer.

Commissioner O'Bryan indicated the County recommendation was a full sale of the City's utilities to FPL to get out from under the FMPA. He said if the County signed a 30-year agreement with the City, and they agreed to charge the County residents a rate equal to FPL, he felt it would be fair enough.

Mayor Winger ofthe City, pointed out FPL was currently seeking $750 million to add to the rates in Oklahoma, as well as adding hundreds of millions of dollars to bills across their service area allowed by public law for engineering of nuclear reactors at Turkey Point. He indicated under Florida Law, a fair amount of engineering development of public utilities was actually paid by the ratepayers.

Town oflndian River Shores- City ofVero Beach- Indian River County Electric Utilities Mediation December 17, 2014

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Attorney May said the Town has a responsibility to its constituents and wants to be in control of its public utility destination. He pointed out that the contracts the City had entered into in the past have essentially stripped away the authority of the City to set its rates.

Mediator Alvarez recapped if FPL was to purchase the City's electric system, the rates would not be set by the Town. He added ifthere was an authority in terms of a settlement, ifthe authority was in the limits of customers presently being served by the City, how the Town would feel being a minority, even though the citizens outside of the City would be the majority.

Attorney May said to have a full and fair Authority, you must have full and total control over the financial and physical operations of the utility, as well as the composition of the Board which would consist of proportionate representation elected from ratepayers residing outside the City.

The City needs some Funding from the Electric Utility Business to Fund its own General Revenue

Mediator Alvarez recapped the problem was that the City needs to fund its own general revenue and asked what would happen if the Town and County succeeded in going with a different utility provider, and the City was left with these obligations to serve only the City residents.

City Manager Jim O'Connor replied there was an analysis done and property taxes would be impacted substantially as well as an increase in the electric rates. He did not anticipate any declaratory bankruptcy, because it was just one business unit of the City that had no real impact on the City' s operation; however, the City may raise taxes or lower the services provided.

Commissioner O'Bryan stated the Town does not have electric, water, and wastewater utilities to transfer to their general fund, so they provide a level of services to their residents based upon the taxes they collect.

The Mediator called for a recess at 1 I : 20 a.m. and reconvened the meeting at I I: 40 a.m., with all parties present.

Mediator Alvarez wanted to discuss potential solutions and asked the parties for potential solutions and interests and referred to the Town. He asked if Attorney May wanted to share his thoughts on a potential solution.

Attorney May referred back to the rates, and going forward he felt there was an impression that a regulator in Tallahassee, or a judge, would be making the decision as to whether the City rates were reasonable or prudent. The Town believed what was reasonable and prudent was a decision from a juror residing in Indian River County (IRC) who had paid what the Town believes to be excessive and high rates, and moving forward it would be the juror in


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IRC to address: 1) whether the rates were reasonable or prudent, and 2) whether the City was being ''tmjustly enriched" on the backs of the Town and other non-resident customers as a result of this utility revenue transfer.

Mediator Alvarez felt it was not in the advantage of anybody to go to trial. Attorney May agreed, and felt that before the Town went down that road, which they were prepared to do, they would make a good faith offer to settle this dispute in a way they felt was fair.

Attorney May presented the "Settlement Structure Offered by the Town of Indian River Shores' Mediation Team" and offered to summarize the settlement terms. Attorney Wright wanted a copy of the settlement offer to be able to discuss during lunch.

Attorney May stated the settlement structure would be for the purpose of settlement and in return for the Town continuing abatement of its lawsuit against the City for five months to allow the Town to exercise its statutory rights to explore all lawful options to provide electricity to its citizens (either by itself or contracting with another utility). He added as part of the evaluation process, the Town would invite and strongly encourage the City to submit a proposal to provide electricity to the Town citizens for the next 30 years, as well as solicit proposals from other utility providers. He continued, if the City was not selected to continue, then the settlement structure would be the City and the Town could enter into good faith negotiations to determine and agree upon the most appropriate means to discontinue the provision of electric service with the Town after the Franchise Agreement expires. He concluded on June 1, 2015, if the Town would agree, that the City should continue to provide electricity after the franchise agreement expires, then they would dismiss the lawsuit. If the Town and the City do not reach a formal agreement, the Town could proceed with its lawsuit against the City. He said this would give the Town and the City time to look into the matter, and to submit a proposal to give those efforts an opportunity to crystalize before the November 2016 deadline.

Attorney May handed out the proposed "Settlement Structure Offered by the Town of Indian River Shores' Mediation Team" to all parties, and a copy was given to the Indian River County Clerk to the Board.

Attorney May inquired if the City had done a fiscal analysis of the impact on taxes and rates, if the Town were to leave the City's Electric system.

Jim O'Connor replied in affirmative and pointed out the Town represents between 7 to 8% of the City's customer base. He indicated the analysis did not focus on sensitivities, for example, the stranded costs involved in that transaction and the impact was not really significant because the Town represents primarily residential customers as opposed to having major commercial customers. He offered to provide the Town with a copy of the analysis.

A discussion ensued on the Settlement Proposal regarding rate structure; risks such as an increase in the price of gas; the three scenarios: the existing contract, the 15-year contract extension or the 9-year contract extension; the scenario where no funds obtained from the customer go into a general revenue fund and the impact to the electric rates; franchise fees; the


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municipal electric systems in the State of Florida; the referendum process at a City election; and the state legislature to resolve the electric issue.

Mediator Alvarez indicated prior to breaking for lunch, he had a request from Dr. Stephen Faherty to speak.

Dr. Faherty provided the mediator with a brief summary of electric issues stemming back to the summer 2007, when he got involved and highlighted the electric rates and FPL rebates.

The Mediator called a recess for lunch at 12:35 p.m. and reconvened at 1:37 p.m., with all parties present.

Attorney Reingold referred to the Town's proposal and the dialog between the City and the Town. He wanted to make everyone aware that the County was in favor of the proposal and the County also wanted to be included in the Town's proposal.

Mediator Alvarez asked for the City's thoughts on the Town's proposal. Attorney Wright said the City's mediation team reviewed the proposal and was not in support of it, but would take it to the Vero Beach City Council Meeting on December 17, 2014. He referred to paragraphs one (1) and two (2) ofthe proposal:

Settlement Terms

For purposes of settlement, and in return for the Town continuing to abate its lawsuit against the City, the City would:

1. Expressly acknowledge that the Town may provide electric service to its citizens upon expiration of the Franchise Agreement either through direct provision of such electric service or by contracting on behalf of its residents with another electric utility provider in accordance with the Special Act creating the Town.

2. Honor the Town 's right to conduct an evaluation, which may include but not be limited to a Request for Proposal ("RFP ")process, of the most appropriate means for the Town to provide electric service to its citizens upon expiration of the Franchise Agreement. In the event the Town issues an RFP, the Town would recognize the City's right to submit a proposal in response to the RFP as a potential provider of electricity to the Town and its residents after the Franchise Agreement expires.

Attorney Wright pointed out in Paragraph 1 of the settlement terms: (1) the City was asked to expressly acknowledge that the Town could serve its citizens when the franchise agreement expires. He felt the wording relayed that the City was giving up their position.

Mediator Alvarez questioned if Paragraph 1 was removed, what about Paragraph 2. Attorney Wright stated it was the consensus of the City's mediation team that Paragraph 2 was closely related to Paragraph 1.

Town of Indian River Shores- City ofVero Beach -Indian River County Electric Utilities Mediation December 17, 201 4

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Mediator Alvarez felt it would be beneficial to have more analysis on the issue, so all parties could base their decision on the best data possible. He suggested having a six-month cooling off period to analyze the situation and review the options.

Town of Indian River Shores- City of Vero Beach - Indian River County Electric Utilities Mediation December 17, 2014

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Mediator Alvarez reviewed some potential solutions:

• The settlement terms in the Town' s Proposal • One or more of the following actions:

a. Some type of independent/representative electric authority b. Reduction of general fund contribution from electric utility revenues c. Amendments of OUC and/or FMPA obligations d. Other rate reduction initiatives through the rate reduction study e. Outside determination of reasonable rates f. FPL purchase g. Expert on the issue retained by all parties

Mediator Alvarez said it would be to the benefit of all parties, that further efforts be done over the next six months, and recommended continuing talks with OUC and FMP A with the Town and County parties to such talks to understand the difficulties and legal ramifications of the negotiations.

Attorney May clarified the Town envisioned that during the six month cooling off period, they would be able to conduct evaluations, which may include a potential RFP from providers of electricity.

The mediator announced a recess for discussions at 1:57 p.m. and resumed at 2:02p.m., with all parties present.

Attorney Wright stated the City agreed to the six-month cooling off period, but would not agree to the document proposed by the Town. He added the Town could do anything they want in terms of conducting a RFP to evaluate its position and alternatives going forward. He indicated the City would continue negotiations with OUC, proceed with the rate study and the system optimization/efficiency study. The City supported having the Town and the County representatives at the OUC, FMPA and FPL meetings as long as those entities agreed.

Attorney May said what was missing from Attorney Wright's comments was the core issue for the Town to exercise its right to provide electricity to its citizens, whether it was provided by the Town, or by another provider.

Attorney May referred to Florida Statutes Section 180.02, Powers of Municipalities -Any municipality may extend and execute all of its corporate powers applicable for the accomplishment of the purposes of this chapter outside of its corporate limits ... provided, however, that said corporate powers shall not extend or apply within the corporate limits of another municipality. He indicated that the Town needed to be in a position that when the franchise agreement expires, there was an agreement with the City that there would be no discontinuance of service or gap. He pointed out that the City has the right to submit a proposal in response to the RFP as a potential provider of electricity to the Town and its residents.

Town of Indian River Shores - City of Vera Beach - Indian River County Electric Utilities Mediation December 17,2014

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A discussion followed and the Town expressed its concern of tortious interference with the contract by the City if the Town talks with other potential providers of electricity during the six month cooling off period.

Attorney Wright responded the City was good with the six month cooling off period and agreed to no tortious interference if the Town chooses to conduct an RFP with other providers of electricity; however, the City does not agree to the document, but would sign a separate waiver of tortious interference claim.

Mediator Alvarez brought up the Town' s proposal and suggested adding the wording, the Town may conduct a RFP evaluation with the tortious interference clause inserted in Paragraph 2.

The mediator called for a recess at 2:19p.m. and resumed at 2:31p.m. with all parties present.

Attorney May stated the Town team could not agree with the standstill agreement structure proposed by the City, but agreed to remove Paragraph 1 and add the language discussed in Paragraph 2, and shorten the abatement to May 1, 2015, since the City would wrap up its rate study sometime in March 2015. The concern was the delay and upcoming franchise agreement expiration in the year 2016.

Attorney Wright stated the City does not agree to the Town's proposal, but would agree to the tortious interference clause, and to shorten the standstill until May 1, 2015.

Attorney May wanted clarification on what the City was proposing. Mediator Alvarez replied there was an agreement to a cooling off period until May 1, 2015 and the Town conducting a RFP with the City's participation.

Mediator Alvarez felt the abatement would be an opportunity to look at every option and suggested the Town rewrite their proposal.

Attorney May was opposed to rewriting the Town's proposal because it captured what the Town was looking for to resolve the dispute.

A discussion ensued on moving forward without an interim settlement, but talking with other providers. Mediator Alvarez summarized that the parties agreed to a certain time period for options review and agreed that the litigation would be held in abeyance, and continuing with the mediation.

The mediator called for a recess at 2:53p.m. and resumed at 2:59p.m. with all parties present.

Town oflndian River Shores- City ofVero Beach- Indian River County Electric Utilities Mediation December 17, 2014

Page 11

ll

Attorney May wanted certainty, and proposed that the Town agree with the abeyance of lawsuit for two months, until Monday, March 2, 2015. He asked the City to pursue all options to reduce electric rates, and provide the Town with an outline of their efforts prior to March 2, 2015.

Attorney Wright stated the City agreed to no tortious interference and would sign a Jetter to that effect.

Attorney May inquired whether the City could get the agreement in place by January 1, 2015. A discussion ensued regarding FMPA and due to the upcoming holiday season the parties agreed to January 8, 2015.

A discussion ensued on the status update requested by the Town and it was determined Attorney Wright would get the update to the parties by February 18, 2015; the mediator would call the impasse if no agreement was reached by March 2, 2015. Attorney May agreed to write the draft Interim Mediation Agreement.

Mediator Alvarez asked if the County would delay their meeting with the PSC on February 3, 2015, regarding its Petition for Declaratory Statement.

Attorney Reingold was not comfortable telling the Indian River County Board of Commissioners there was a deferral of a month of their PSC Petition hearing. He was set to go forward with the February 3, 2015 meeting.

Mr. Peter Gorry, a volunteer on the Finance Commission for the City of Vero Beach, spoke on the City's contract in place with FPL until the end of the year 2016, and noted that rates were set by PSC. He touched on dividends, ROI, the difference between rates and bills, and bond ratings.

Mr. Charlie Wilson, President of the Vero Beach Chamber of Commerce, mentioned the City had been promising its residents lower electric rates than FPL for the last 36 years for a cost of $20 million a year, so the cost of litigation does not even come close to the funds spent on a yearly basis. He mentioned the only means of solving the utility issue was either an agreement from FMPA (of which he felt would never happen), so legislation and litigation have replaced negotiations as the only two means of solving the electric utility issue.

Mr. Mark Mucher, City of Vero Beach resident, was concerned about the long-term risk of the City being in the electric business. He referred to the Utility Authority and argued that representation was a "feel good" thing, but would not make a difference in terms of the decisions made or the rates paid.

Mediator Alvarez concluded that Attorney Wright would write a letter of Waivers and Consents by the City and FPL, and asked Attorney May to draft an Interim Mediation Agreement by Friday, December 19, 2014. He thanked all parties for handling this difficult situation in a cooperative and collaborative fashion.


Page 12

12

ADJOURNMENT

There being no further business, the meeting adjourned at 3:33p.m.

Town of Indian River Shores - City ofVero Beach- Indian River County Electric Utilities Mediation December 17, 2014

Page 13

13

To:

Date:

Subject:

From:

TB INFORMATIONAL ITEMS

February 17, 2015

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

February 9, 2015

2015 ELECTION OF BEACH & SHORE PRESERVATION ADVISORY BOARD CHAIRMAN AND VICE CHAIRMAN

Misty L. Pursel Commissioner Assistant

At the January 19, 2015 Beach meeting, the members voted to elect Mr. Christian Hendricks as Chairman, and Mr. Bob Anderson as Vice Chairman of the Beach & Shore Preservation Advisory Board for the year 2015.

No Board action is required.

14

INFORMATIONAL ITEM FEBRUARY 17, 2015

INDIAN RIVER COUNTY MEMORANDUM

To: Members of the Board of County Commissioners

Date: February 2, 2015

Subject: Florida Department of State Minority Appointment Reporting Calendar Year 2013

From: Dori Roy Assistant to the County Administrator

As an appointing authority we are required by Section 760.80, Florida Statutes, to submit annually to the Florida Department of State a Minority Appointment Report disclosing appointments made to boards, commissions, councils, or committees during the previous calendar year.

Attached for your information are the Minority Appointment Reports for 2013 for the Indian River County Board of County Commissioners .

APPROVED AGENDA ITEM

BY: (jfD.Do dJ_ d ~CJ J 7 F : February 17,2015

Attachment: Minority Appointment Reporting Form Calendar Year 2013

Indian River Co

Administrator

Attorney

15

Page_1_of~

Florida Department of State Minority Appointment Reporting Form for Calendar Year 2013

(Sectron 760.80, Florida Statutes- Form due NL T December 1, 2014)

Appointing Authority:* Indian River County Board of County Commissioners

Contact Person: Doris E. Roy Address: 1801 27th Street

Phone: 772-226-1408 City/State/Zip: Vero Beach, Fl 32960-3388

Entity (Name of Board, Commission, Council, or Committee): Affordable Housing Advisory Committee

Does this entity have multiple appointing authorities? Yes D No ~

The entity's total membership as of 12131/13, regardless of appointing authority: 16 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/13".)

Appointed by Total Race Appointed Total Gender Race Authority• In Membership % Gender by Authority' Membership as o/o

2013, only as of 12131/13 in 2013, only of 12131/13

African-American Male 9 56 --- --- --- - - - -- ---Asian-American Female 1 5 31

--- --- --- -- --- - -Hispanic-American --- -- --- Not Known -- -- ---Native-American Total 1 --- --- -- ---Caucasian 1 14 100 Appointed by Total Disability --- --- --- Disability Author ity• Membership o/o

in 2013, only as of 12/31/13

Not Known --- --- -·- -

1 Physically 0 0 0

Total --- Disabled -- -- --

*Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections.

Entity (Name~ Board, Commission, Council, or Committee): Agricultural Advisory Committee

Does this entity have multiple appointing authorities? Yes 0 No Jj)

The entity's total membership as of 12/31/13, regardless of appointing authority: 7 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31113".)

Appointed by Total Race Appointed Total Gender Race Authority' in Membership % Gender by Authority• Membership as %

2013, only as of 12/31/ 13 in 2013, only of 12/31/13

African-American Male 1 7 100 --- - -- - -- --- --- - -Asian-American --- --- --- Female --- --- --Hispanic-American --- -- --- Not Known - -- - ---Native-American Total 1

--- - ····- - - - - - -Caucasian 1 7 100 Appointed by Total Disabil~y

--- --- --- Disability Authority- Membersh ip o/o in 2013, only as of 12131/13

Not Known - -- - - ---1

Physically 0 0 0 Total --- Disabled -- -- --

•figures are to reflect appointments made only by this Appointing Authority. Please complete all sections.

Return to: Department of State, The R. A. Gray Building, Room 316, 500 Sout h Bronough Street, Tallahassee, FL 32399-0250

16

Page~ of _!Q_ Florida Department of State

Minority Appointment Reporting Form for Calendar Year 2013 (Section 760.60, Florida Statutes - Form due NL T December 1, 2014)



Phone: 772-226-1408 City/State/Zip: Vera Beach, Fl 32960-3388

Entity (Name of Board, Commission, Council, or Committee) : Beach & Shore Preservation Advisory Committee

Does this entity have multiple appointing authorities? Yes 0 No (jl

The entity's total membership as of 12/31/13, regardless of appointing authority: 11 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/13".)

Appointed by Total Race Appointed T otal Gender Race Authority" in Membership % Gender by Author ity• Membership as %

2013, only as of 12131/13 in 2013, only of 12131 /13

African-American Male 10 91 --- --- --- --- --- --Asian-American Female 1 9 --- --- -- --- --- --Hispanic-American 1 9 Not Known --- - -- --- --- -- --Native-American Total 0

-- -- --- ---Caucasian 10 91 Appointed by Total Disability

-- - - --- Disability Authority• Membership % in 2013, only as of 12/31/13

Not Known - ·-- --- ---0

Physically 0 0 0 Total Disabled -- -- ----

*Figures are to reflect appointment& made only by this Appointing Authority. Please complete all sections.

Entity (Name of Boa rd, Commission, Council, or Committee): Board of Zoning Adjustments

Does this entity have multiple appointing authorities? Yes D No lil The entity's total membership as of 12/31/13, regardless of appointing authority: 5 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e. , "Total membership as of 12/31113 •. )

Appointed by Total Race Appointed Total Gender Race Authority' in Membersh ip % Gender by Authority• Membersh ip as %

2013, only as of 12/31/13 in 2013, only of 12/31/1 3

African-American Male 1 2 -- --- -- --- - -- -Asian-American --- --- - - Female --- --- --HispanicrAmerican -- --- --- Not Known -- --- --Native-American Total 0

-·- - - -- --- ---Caucasian 1 2 Appointed by Total Oisabilny

--- - - -- Disability Authority• Membership % in 201 3, only as of 12/31113

Not Known -- -- ---0

Physically 0 0 0 Total Disabled -- -- -----

•figuros are to reflect appointment& made only by this Appointing Authority. Please complete all sections.

Retl.lrn to: Department of State, The R. A. Gray BLlltding, Room 316, 500 Sol.lth Bronol.lgh Street, Tallahassee, FL 32399.0250

17

Page _3_ of _!.9_ Florida Department of State

Minority Appointment Reporting Form for Calendar Year 2013 (Section 760.80, Florida Statutes - Form due NLT December 1, 2014)




Entity (Name of Board, Commission, Council, or Committee}: Children's Services Advisory Committee

Does this entity have multiple appointing authorities? Yes ljJ No D


Appointed by Total Race Appointed Total Gender Race Authority* In Membership % Gender by Authority• Membership as %

2013, only as of 12/31113 in 2013, only of 12131113

African-American Male 2 7 54 - - - - - - - - --- -- - -Asian-American Female 2 6 46 --- - - - - -- - - - -- ---Hispanic-American --- --- --- Not Known - - - --- ---Native-American Total 4 ------ -- ---Caucasian 4 13 100 Appointed by Total Disability

--- -- --- Disability Authority• Membership % in 2013, only as of 12/31/13

Not Known --- - - - ---4

Physically 0 0 0 Total Disabled - - -- -----


Entity (Name of Board , Commission, Council, or Commit1ee) : Citizens Oversight Committee

Does this entity have multiple appointing authorities? Yes ljJ No D The entity's total membership as of 12/31/13, regardless of appointing authority: 6 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e. , "Total membership as of 12/31/13".)

Appointed by Total Race Appointed Total Gender Race Authority• In Membership % Gender by Authority• Membership as %

2013, only as of 12/31/13 in 2013, only of 12/31113

African-American Male 3 50 --- --- --- - -- --- ---Asian-American Female 2 33 --- --- --- -- --- ---Hispanic-American 1 17 Not Known - - - - -- -- --- - - - - -Native-American Total 0 ----- - - ---Caucasian 4 67 Appointed by Total Disability

-- --- - - Disability Authority• Membership % in 2013, only as of 12/31/ 13

Not Known --- - - - --0

Physically 0 0 0 Total Disabled -- -- -~ ---


Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronaugh Street , Tallahassee, FL 32399~250

18

Page.i_ot~ Florida Department of State

Minority Appointment Reporting Form for Calendar Year 2013 (Section 760.80, Florida Statutes- Form due NL T December 1, 2014)

Appointing Authority:" Indian River County Board of County Commissioners

Contact Person: Doris E. Roy Address: 180 1 27th Street


Entity (Name Of Board, Commission, Council, or Convnittee):

Does this entity have multiple appointing authorities? Yes [jJ No 0

The entity's total membership as of 12/31/13, regardless of appointing authority: (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., ' Total membership as of 12/31/13".)

Appointed by Total Race Appointed Total Gender Race Authority• in Membership 'II. Gender by Authority• Membership as %

2013, only as of 12131113 in 2013, only Of 12131113

African-American --- --- - Male -- -- --Asian-American --- --- -- Female -- -- --Hispanic-American --- --- -- Not Known - - - -- --Native-American Total ------ --- -Caucasian

Appointed by Total Dlsabllijy

-- --- - Disability Authority• Membership % In 2013, only as Of 12131113

Not Known --- --- ---Physically

Total - -- Disabled -- -- - -•figures are to reflect appointments made only by this Appointing Authority. Please complete all sections.

Entity (Name of Board, Commission, Council, or Committee):

Does this entity have multiple appointing authorities? Yes [jJ No 0 The entity's total membership as of 12131/13, regardless of appointing authority: (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e. , "Total membership as of 12/31/13".)

Appointed by T01al Race Appointed T01al Gender Race Authorily' in Membership o/o Gender by Authority• Membership as %

2013, only as of 12131113 in 2013, only of 12/31/13

African-American - --- -- Male -- --- --Asian-American --- -- -- Female - --- -- --Hispanic-American -- --- -- Not Known -- --- - --Native-American Total - -- --- --Caucasian

Appointed by T01al DisabiiHy --- --- -- Disability Authority• Membel"$h lp %

In 2013, only as of 12131/13

Not Known --- -- --Physically

Total Disabled -- -- ----•figures are to reflect appointments made only by this Appointing Authority. Please complete all sections.

Return to: Department of StAte, The R. A . Gray Building, Room 316, 500 South Bronaugh Street, Tallahassee, FL 32399.0250

19

Page_5_of~


(Section 760.80, Florida Statutes- Form due NL T December 1, 2014)


Contact Person: Doris E . Roy Address: 1801 27th Street


Entity (Name of Board, Commission, Council, or Committee): Construction Board of Adjustments & Appeals

Does this entity have multiple appointing authorities? Yes D No [II


Appointed by Total Race Appointed Total Gender Race Authority" in Membership % Gender by Authority• Membership as %

2013, only as of 12/31/13 in 2013. only of 12/31/13

African-American Male 6 67 --- -- --- - -- - - - - --Asian-American 1 11 Female --- - - -- --- --- ---Hispanic-American --- -- --- Not Known -- --- --Native-American Total 0 --- -- --- - -Caucasian 5 56 Appointed by Total Diiability

--- --- --- Disability Authority• Memberihip % In 2013, only as of 12/31/13

Not K nown --- -- --0

Physica lly 0 0 0 T ota l --- Disabled -- -- --


Entity (Name of Board, Commission, Council. or Committee): Public Safety Coordinating Council

Does this entity have multiple appointing authorities? Yes jj) NoD

The entity's total membership as of 12/31/13, regardless of appointing authority: 10 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e .. "Total membership as of 12/31/13".)

Appointed by Total Race Appointed Total Gender Race Authority• in Memberihip % Gender by Authority' Membership as %

2013, only as of 12/31/13 in 2013. only or 12/31/13

African-American Male 6 60 --- --- --- --- --- ---Asian-American Female 2 20 --- -- --- --- --- ---Hispanic-American - -- -- --- Not Known -- - -- ---Native-American Total 0

--- --·-· - --- ---Caucasian 8 80

Disability Appointed by Total Disability

-- -- --- Authority• Membership % in 2013, only as of 12/31/13

Not Known -- --- ---

0 Physically 0 0 0

T otal -- Disabled -- -- --*Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections.

Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399.0250

20

Page !__of _!Q_ Florida Department of State



Contact Person: Doris E . Roy Address: 1801 27th Street


Entity (Name of Board, Commission, Council. or Committee): Economic Development Council

Does this entity have multiple appointing authorities? Yes Iii No 0


Appointed by Total Race Appointed Total Gender Race Authority"' in Membership % Gender by Authority" Membership as %

2013, only as of 12131/13 in 2013. only of 12/31113

African-American 1 4 Male 3 16 73 --- --- --- --- --- ---Asian-American Female 5 23 --- - - - -- --· --- --Hispanic-American 1 4 Not Known -- --- --- --- --- --Native-American Total 3

- --- --- ---Caucasian 3 19 86 Appointed by Total Disabil~y

-- --- -- Disability Authority• Membership % in 2013, only as of 12131/13

Not K nown --- --- - -3

Physically 0 0 0 Total - Disabled -- -- - -

•Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections.

Entity (Name of Board, Commission, Council, or Committee): Enterprize Zone Development Agency

Does this entity have multiple appointing authorities? Yes Iii No D


Appointed by Total Race Appointed Total Gender Race Authority• in Membership % Gender by Authority" Membership as %

2013, only as of 12/31/13 in 2013, only of 12/31/13

African-American 1 9 Male 1 9 82 --- - - - --- - - - --- - --Asian-American Female 1 9 - --- -- -- --- - -Hispanic-American - -- - - - -- Not Known - -- --- - --

Native-American Total 1 --- - - -. - - - --

Caucasian 1 9 82 Appointed by Total Disability

-- -- --- Disability Authority• Membership % in 2013, only as of 12131/13

Not Known -- - -- ---1

Physically 0 0 0 Total - Disabled -- - - --

"Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections.

Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32398-'1250

21

Page!_ of _!_Q_ Florida Department of State





Entity (Name of Board, Commission, Council, or Committee): Environmental Control Hearing Board

Does this entity have multiple appointing authorities? Yes 0 No [II

The entity's total membership as of 12/31/13, regardless of appointing authority: 5 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e .. "Total membership as of 12/31/13".)

Appointed by Total Race Appointed Total Gender Race Authority• in Membership % Gender by Authority" Membership as %

2013, only as of 12131/13 in 2013, only of 12131/13

African-American Male 4 80 --- --- - -- --- --- --Asian-American --- --- --- Female -- - --Hispanic-American --- --- -- Not Known -- --- --Native-American Total 0

--- - -- --- - --Caucasian 4 80 Appointed by Total Dlsabilrty

--- --- - - Disability Authority• Membership % in 2013, only as of 12131/13

Not Known - - - - - - ---0

Physically 0 0 0 Total Disabled - - -- -----


Entity (Name of Board, Commission, Council, or Committee): MPO Citizen Advisory Committee

Does this entity have multiple appointing authorities? Yes [j] No 0 The entity's total membership as of 12/31/13, regardless of appointing authority: 14 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.r1., "Total membership as of 12/31/13".)

Appointed by Total Race Appointed Total Gender Race Authority• in Membership % Gender by Authority' Membership as %

2013, only as of 12/31/ 13 in 2013, only of 12/31/13

African-American 1 7 Male 10 71 - -- --- -- - -- - - - --Asian-American Female 4 29 --- -- ---~ - --- - - -Hispanic-American --- - - - -- Not Known --- - -- ---Native-American Total 0

--- - -- - - --Caucasian 12 86 Appointed by Total Disability

--- --- --- Disability Authority• Membership % in 201 J. only as of 12131113

Not Known - - --- ---0

Physically 0 0 0 Total -- Disabled -- -- ~


Retu rn to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Fl 32399.0250

22

Page _8_of~


(Section 760.80, Florida Statutes- Form due NL T December 1, 2014)

Appointing Authority:• Indian River County Board of County Commissioners



Entity (Name of Board, Commission, Council, 0< Committee): MPO Bicycle Advisory Committee

Does this entity have multiple appointing authorities? Yes [iJ No 0


Appointed by Total Race Appointed Total Gender Race Authority• in Membership % Gender by Authority• Membership as %

2013, only as of 12131/13 in 2013, only of 12/31/13

African-American Male 3 83 --- --- -- - -- --- ---Asian-American Female 2 17 -- -- -- --- --- --Hispanic-American --- --- -- Not Known --- -- --Native-American Total 0

--- --- --- ---Caucasian 6 100 Appointed by Total DJsabiiKy

- - - --- - -- Disability Authority• Membership o;, In 2013, only as of12/31/13

Not Known --- --- ---0

Physically Total - - Disabled -- -- -

•Figures are to reflect appointments made only by this Appointing Authority. Please complete ail sections.

Entity (Name of Board, Commission, Council, or Committee): NSP Citizen Advisory Task Force

Does this entity have multiple appointing authorities? Yes 0 No [i)

The entity's total membership as of 12131/13, regardless of appointing authority: 5 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/13".)

Appointed by Total Race Appointed Total Gender Race Authority• In Membership % Gender by Authority• Membership as %

2013, only as of 12/31/13 in 2013, only of 12131/13

African-American 1 20 Male 3 60 --- --- -- --- - ---Asian-American Female 2 40 --- --- --- -- -- ---Hispanic-American -- -- --- Not Known --- -- ---Native-American Total 0

-- -- --- --Caucasian 4 80 Appointed by Total OisabUity

- --- - - Disability Authority• Membership % in 2013, only as of 12131/13

Not Known --- - - ---0

Physically 0 0 0 Total - - - Disabled -- -- ~


Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronaugh Street, Tallahassee, FL 32399-0250

23

Page _9_ of~


(Section 760.80, Florida Statutes- Fonn due NL T December 1, 2014)

Appointing Authority:" Indian River County Board of County Commissioners



Entity (Name of Board, Commission, Council, or Committee): Planning and Zoning Commission

Does this entity have multiple appointing authorities? Yes D No 1M


Appointed by Total Race Appointed Total Gender Race Authority• in Membership % Gender by Authority' Membership as %

2013. only as of 12/31/13 in 2013, only of 12/31/13

African-American Male 1 6 86 --- --- - -- -- --- --Asian-American Female 1 1 14 --- -- --- --- --- -Hispanic-American --- -- --- Not Known -- --- --Native-American Total 2

--·- --- - - --Caucasian 2 7 100 Appointed by Total Disabil~y

- - - --- - - Disability Authority• Membership o;, In 2013, only as Of 12131/13

Not Known --- - -- --2

Physically 0 0 0 Total - -- Disabled -- -- --


Entity (Name of Board. Commission, Council, or Committee): Transportation Disadvantaged Local Coordinating Board

Does this entity have multiple appointing authorities? Yes Ill NoD

The entity's total membership as of 12/31/13, regardless of appointing authority: 14 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31113".)

Appointed by Total Race Appointed Total Gender Race Authority• in Membership % Gender by Authority• Membership as %

2013, only as of 12/31/13 in 2013. only of 12/31/13

African-American 1 7 Male 6 43 --- - - - --- --- --- -Asian-American Female 8 57 - - --- --- --- - ---Hispanic-American -- -- --- Not Known - - --- ---Native-American Total 0

--- - -·- --- ---Caucasian 13 93 Appointed by Total Disability

--- --- --- Disability Authority• Membership % in 2013, only as of 12/31113

Not Known --- - - ---0

Physically 0 1 7 Total --·- Disabled -- -- --


Return to: Department of State, The R. A. Gray Building, Room 316, 600 South Bronough Street, Tallahassee, FL 32399.0250

24

Page _!Q_ of_!Q_


(Section 760.80, Florida Statutes- Form due NL T December 1, 2014}

Appointing Authority:• Indian River County Board of County Commissioners



Entity (Name of Board, Commission, Counci l, or Committee): Tourist Development Council

Does this entity have multiple appointing authorities? Yes [iJ No D

The entity's total membership as of 12131/13, regardless of appointing authority: 9 {Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31113".}

Appointed by Total Race Appointed Total Gender Race AuthOrity• in Membership % Gender by AuthoritY' Membership as %


African-American Male 6 67 -- - -- --- - --- ---

Asian-American Female 1 3 33 --- --- --- -- -- ---Hispanic-American -- --- --- Not Known -- -- ---Native-American Total 1

--- - - - --- -Caucasian 1 9 100 Appointed by Total Dlsabimy

--- - -- Disability Authority• Membership % in 2013, only as of 12/31113

Not Known --- -- --1

Physically 0 0 0 Total Disabled -- -- -----


Entity (Nam& of Board, Commisalon, Council. or Committee):

Does this entity have multiple appointing authorities? Yes !il No D

The entity's total membership as of 12/31/13, regardless of appointing authority: (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/13".)

Appointed by Tota l Race Appointed Total Gender Race Authori1y' in Membership % Gender by Authority• Membership as %


African-American --- -- -- Male - - - - - - --Asian-American --- - - -- Female - -- - - - ---Hispanic-American --- -- --- Not Known --- - --- - - -Native-American Total ------ -- ---Caucasian

Appointed by Total Disability

--- -- -- Disability Authority• Membersh ip % in 2013, only as of 12/31/13

Not Known - - --- ---Physically

Total Disabled -- -- -----•figures are to refl&ct appointments made only by this Appointing Authority. Please compl&te all sections.

Ret urn to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough St reet, Talla~ssee, FL 32399.{)250

25

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. SM1"!1I, COMPTROLLER ~ · February 5, 2015

APPROVAL OF WARRANTS January 30, 2015 to February 5, 2015

In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes.

Approval is requested for the attached list of warrants, issuedby the Comptroller's office, for the time period of January 30, 2015 to February 5, 2015.

Attachment:

DB: MS

26

CHECKS WRliTEN

CHECKNBR CKDATE VENDOR AMOUNT 322226 2/2/2015 GRACES LANDING LTD 191.00 322227 2/2/201 5 LINDSEY GARDENS LTD 716.00 322228 2/2/2015 CREATIVE CHOICE HO:rvlES XVI LTD 2,432.00 322229 2/2/2015 TREASURE COAST HO:rvlELESS SERVICES 260.00 322230 2/2/2015 PINNACLE GROVE LTD 597.00 322231 2/2/2015 VERO CLUB PARTNERS LTD 562.00 322232 2/2/2015 THE PALMS AT VERO BEACH 2,272 .00 322233 2/2/2015 PELICAN ISLES LP 870.00 322234 2/2/2015 INDIAN RIVERRDALP 446.00 322235 2/2/20 15 LINDSEY GARDENS lJ LTD 320.00 322236 2/2/2015 AHS HOLDINGS GROUP LLC 575.00 322237 2/2/2015 DANIEL CORY MARTIN 1,073.00 322238 2/2/20 15 SARAH SPANN 891.00 322239 2/2/2015 MADISON CAY LTD 539.00 322240 2/2/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 2,093.00 322241 2/2/20 15 ORANGE COUNTY HOUSING & C D 51 7.58 322242 2/2/2015 ALL FLORIDA REALTY SERVICES INC 3,912.00 322243 2/2/2015 VERO BEACH EDGEWOOD PLACE (305-113) 650.00 322244 2/2/20 15 GRACES LANDING LTD 9,198.00 322245 2/2/2015 MICHAEL JACKOWSKJ 426.00 322246 2/2/2015 TERRY A LAWRENCE 39.00 322247 2/2/2015 LINDSEY GARDENS LTD 4,684.00 322248 2/2/201 5 BRYANDBLAIS 769.00 322249 2/212015 RIVER PARK ASSOCIATES 16,292.00 322250 2/2/2015 RICHARD C THERIEN 550.00 322251 2/2/2015 CREATIVE CHOICE HOMES XVI LTD 5,786.00 322252 2/2/2015 DAVID YORK 506.00 322253 2/2/2015 ST FRANCIS MANOR OF VERO BEACH 583.00 322254 2/2/2015 CITY OF VERO BEACH 278.00 322255 2/2/2015 TREASURE COAST HOMELESS SERVICES 2,317.00 322256 2/2/2015 FLORIDA POWER AND LIGHT 391.00 322257 2/2/2015 FULCHINI ENTERPRISES INC 281.00 322258 2/2/2015 PATRICIA MEZZINA 850.00 322259 2/2/2015 VENETIAN APARTMENTS OF VERO BEACH 872.00 322260 2/2/2015 HERMOSA PROPERTIES LLC 278.00 322261 2/2/201 5 PINNACLE GROVE LTD 7,550.00 322262 2/2/2015 VERO CLUB PARTNERS LTD 19,383 .00 322263 2/2/2015 INDIAN RIVER COUNTY HOUSING AUTHORITY 55.00 322264 2/2/2015 CRAIG MERRILL 1,1 99.00 322265 2/2/2015 CHRISTINE SALTER 508.00 322266 2/2/2015 HAGGERTY FAMILY LTD 303.00 322267 2/2/2015 THE PALMS AT VERO BEACH 13,845.00 322268 2/2/2015 FELLSMERE COMM ENRICHMENT PROGRAM INC 83.00 322269 2/2/2015 HENRY 0 SPEIGHT 611.00 322270 2/2/2015 DAVID CONDON 586.00 322271 2/2/2015 HILARY MCIVOR 583.00 322272 2/2/2015 PAULA LANE 405.00 322273 2/2/2015 JOHN A CAPPELLO 3 10.00 322274 2/2/2015 TCG SONRISE II LLC 459.00 322275 2/2/2015 PELICAN ISLES LP 5,845 .00 322276 2/2/20 15 SUNCOAST REALTY & RENTAL MGMT LLC 7,409.00 322277 2/2/2015 OAK RIVER PROPERTIES INC 533.00 322278 2/2/2015 MICHAEL KANNER 611.00 322279 2/2/2015 RICHARD JOHN KELLER 535.00 322280 2/2/2015 ADINA GOLDMAN 514.00 322281 2/2/2015 INDIAN RIVER RDA LP 1,101.00 322282 2/2/2015 GEORGE TH.UYNS 640.00 322283 2/2/20 15 LAZY J LLC 1,020.00

27

1

CHECKNBR 322284 322285 322286 322287 322288 322289 322290 322291 322292 322293 322294 322295 322296 322297 322298 322299 322300 322301 322302 322303 322304 322305 322306 322307 322308 322309 322310 322311 322312 322313 322314 3223 15 322316 322317 322318 322319 322320 322321 322322 322323 322324 322325 322326 322327 322328 322329 322330 322331 322332 322333 322334 322335 322336 322337 322338 322339 322340 322341 322342 322343

CKDATE 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/2/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015

VENDOR SYLVIA MCNEILL SKOKIE HOLDINGS INC ROGER WINSLOW TAMMY MEEKS COURTYARD VILLAS OF VERO LLC VINCENT PILEGGI OSLO VALLEY PROPERTIES INC VICKY L STANLEY CORY J HOWELL CHOICE RENTALS INC OSCEOLA COUNTY SECTION 8 WYNNOWLE LlNDSEY GARDENS li LTD ANTHONY ARROYO ARS HOLDINGS GROUP LLC YVONNE KOUTSOFJOS ALANR TOKAR VILLAS OF VERO BEACH BRIAN E GALLAGHER MANUELVCAMACHOSRLLC HOUSING AUTHORITY STEPHANIE WATCHEK FOUNTAIN TRUST FRANKLIN TODD MARCHANT MICHAEL STILES BLTREJV3 PALM BEACH LLC LINDA KAY SHORT RACHEL G SIDMAN SCOT WILKE MARKBAER WANELL DON NELLI ARTHUR ARGENIO J & K PALMER ENTERPRISES LLC THEODORE BARTOSlEWICZ FOUNDATION FOR AFFORDABLE RENTAL HOUSING FOUNDATION FOR AFFORDABLE RENTAL HOUSING BRADLEY C LEEDHAM RICHARD KUSSEROW TARGET CORPORATION PORT CONSOLIDATED INC JORDAN MOWER INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC STEWART MINING INDUSTRIES INC AT&T WIRELESS DELTA SUPPLY CO E-Z BREW COFFEE & BOTTLE WATER SVC GRAINGER SAFETY KLEEN SYSTEMS INC GRAYBAR ELECTRIC REPUBLIC SERVICES OF FLORIDA MCMASTER CARR SUPPLY CO AMERJGAS EAGLE PROPANE LP AMERIGAS EAGLE PROPANE LP AMERIGAS EAGLE PROPANE LP DAILY COURIER SERVICE INC HACHCO HICKMANS BRAKE & ALIGNMENT PARKSON CORPORATION NATIONAL FIRE PROTECTION AS SOC liD SUPPLY WATERWORKS, LTD

AMOUNT 647.00 744.00 482.00 176.00 490.00 376.00 850.00 797.00 242.00 825.00 645.58 569.00

4,987.00 295.00

4,770.00 407.00 710.00 483.00 470.00 622.00 629.58 241.00 123.00 532.00

1,887.00 443.00 446.00 393.00 996.00 353.00 480.00 221.00 468.00

9,564.00 1,044.00

538.00 479.00 210.00

1,541.22 419.97 141.40 461.40 720.60

4,488.24 167.40

11.48 324.02 253.10 644.28 517.50 387.63 182.81

1,418.55 1,618.29

80.00 1,656.07 1,062.48

44.06 88.70

4,258.55

2

28

CHECKNBR CKDATE VENDOR AMOUNT 322344 2/5/2015 EGPINC 283.00 322345 2/5/2015 VERO INDUSTRIAL SUPPLY INC 78.36 322346 2/5/2015 FIRESTONE COMPLETE AUTO CARE 869.12 322347 2/5/2015 BARTH CONSTRUCTION INC 19,850.00 322348 2/5/2015 CHILDCARE RESOURCES OF IRC INC 19,188.88 322349 2/5/2015 DENIS SCARPINATO 234.87 322350 2/5/2015 GENERAL PART INC 1,602.66 322351 2/5/2015 BLAKESLEE SERVICES INC 710.00 322352 2/5/2015 BAKER & TAYLOR INC 1,277.34 322353 2/5/2015 MIDWEST TAPE LLC 886.43 322354 2/5/2015 MICROMARKETING LLC 385.71 322355 2/5/2015 GO COASTAL INC 70.00 322356 2/5/2015 RELIABLE POLY JOHN 81.50 322357 2/5/2015 PAUL JULIN 619.00 322358 2/5/2015 CITY OF VERO BEACH 57,428.75 322359 2/5/2015 COMPBENEFITS COMPANY 200.14 322360 2/5/2015 COLONIAL LIFE & ACCIDENT INS CO 77.22 322361 2/5/2015 AMERJCAN FAMILY LIFE ASSURANCE CO 24,404.22 322362 2/5/2015 INDIAN RJVERALL FAB INC 1,300.18 322363 2/5/2015 UNITED PARCEL SERVICE INC 10.96 322364 2/5/2015 UNITED PARCEL SERVICE INC 80.24 322365 2/5/2015 UNITED STATES POSTAL SERVICE 20,000.00 322366 2/5/2015 LIVINGSTON PAGE 90.00 322367 2/5/2015 BIC BIS OF FL ADM FEE 10,089.90 322368 2/5/2015 TREASURE COAST HOMELESS SERVICES 5,015.89 322369 2/5/2015 PUBLTX SUPERMARKETS 175.00 322370 2/5/2015 WALMARTSTORES EASTLP 500.39 322371 2/5/2015 WAL MART STORES EAST LP 16.64 322372 2/5/2015 WAL MART STORES EAST LP 105.00 322373 2/5/2015 AAA COOPER TRANSPORTATION INC 166.28 322374 2/5/2015 ACUSHNET COMPANY 2,468.67 322375 2/5/2015 FLORJDA WATER & POLLUTION CONTROL 115.00 322376 2/5/2015 FLORIDA WATER & POLLUTION CONTROL 115.00 322377 2/5/2015 FLORJDA WATER & POLLUTION CONTROL 10.00 322378 2/5/2015 GEOSYNTEC CONSULTANTS INC 1,558.50 322379 2/5/2015 DUMONT COMPANY INC 1,607.00 322380 2/5/2015 IRC CHAMBER OF COMMERCE 5,881.52 322381 2/5/2015 FEDERAL EXPRESS 23.49 322382 2/5/2015 FEDERAL EXPRESS 35.85 322383 2/5/2015 JOHN KING 53.00 322384 2/5/2015 FLORIDA POWER AND LIGHT 16,881.78 322385 2/5/2015 FLORJDA POWER AND LIGHT 441.36 322386 2/5/2015 FLORIDAPOWERAND LIGHT 1,758.95 322387 2/5/2015 BLUE CROSS & BLUE SHIELD of FLORIDA 1,519.96 322388 2/5/2015 TAYLOR MADE GOLF CO INC 1,503.85 322389 2/5/2015 AMERJCAN PLANNING ASSOCIATION 355.00 322390 2/5/20 15 GIFFORD YOUTH ACTIVITY CENTER INC 2,298 .17 322391 2/5/2015 BOATC MEMBERSHIP 260.00 322392 2/5/2015 HENRY SMITH 180.00 322393 2/5/2015 ALAN C KAUFFMANN 60.00 322394 2/5/2015 CIGNA 568.40 322395 2/5/2015 INDIAN RIVER COUNTY HISTORICAL 5,468.32 322396 2/5/2015 COM CAST 82.90 322397 2/5/2015 COMCAST 102.85 322398 2/5/20 15 COM CAST 120.70 322399 2/5/2015 AIRGAS CARBONIC INC 2,908.37 322400 2/5/2015 AMERICAN SOCIETY OF COMPOSERS 668 .00 322401 2/5/20 15 RUSSELL PAYNE INC 1,247.61 322402 2/5/20 15 CELICO PARTNERSHIP 120.03 322403 2/5/2015 ALLSTATE 447.76

29 3

CHECKNBR CKDATE VENDOR AMOUNT 322404 2/5/2015 MUTUAL OF OMAHA 1,902.50 322405 2/5/2015 MUTUAL OF OMAHA 6,253.39 322406 2/5/201 5 MUTUAL OF OMAHA 16,435.46 322407 2/5/2015 JOSEPH W VASQUEZ 162.00 322408 2/5/2015 BNI PUBLICATIONS INC 1,440.45 322409 2/5/2015 MBV ENGINEERING INC 1,750.00 322410 2/5/2015 CENTRAL PUMP & SUPPLY INC 271.35 322411 2/5/2015 ETR LLC 260.72 322412 2/5/2015 ACCUITY 570.00 322413 2/5/2015 LARRY STEPHENS 108.00 322414 2/5/2015 SUPREME INTERNATIONAL LLC 333.90 322415 2/5/2015 MALA GEOSCIENCE USA INC 305.00 322416 2/5/2015 CAPTAIN HIRAMS 40.00 322417 2/5/2015 D&S ENTERPRISES OF VERO BCH LLC 175.30 322418 2/5/2015 RUSH TRUCK CENTERS OF FLORIDA 139,632.50 322419 2/5/2015 JOHNNYB SMITH 252.00 322420 2/5/2015 DANE MACDONALD 216.00 322421 2/5/2015 POWER-TEL UTILITY PRODUCTS INC 20,200.00 322422 2/5/2015 DUPERON CORPORATION 45,600.00 322423 2/5/2015 GLOBALSTAR USA 119.37 322424 2/5/2015 FISHER & PHILLIPS LLP 1,102.55 322425 2/5/2015 RUBY TUESDAY INC 125.00 322426 2/5/2015 EQUITY ONE REALTY 28,899.16 322427 2/5/2015 JOHN NEVILS 31.15 322428 2/5/2015 SOUTHEAST SECURE SHREDDING 115.38 322429 2/5/2015 FLUID CONTROL SPECIALTIES INC 2,228.00 322430 2/5/2015 NICOLACE MARKETING INC 1,700.00 322431 2/5/2015 TRITEL INC 49.50 322432 2/5/2015 SOUTHEAST POWER SYSTEMS OF ORLANDO 1,400.00 322433 2/5/2015 EXPRESS SUPPLY INC 15,594.00 322434 2/5/2015 LARIAT ENTERPRISES INC 172.50 322435 2/5/2015 DE LA HOZ BUILDERS INC 43,387.00 322436 2/5/2015 HEALTH ADVOCATE 333.30 322437 2/5/2015 BOULEVARD TIRE CENTER 1,481.60 322438 2/5/2015 SAFETY SCHELL CORPORATION 3,412.03 322439 2/5/2015 DELRAY MOTORS 333.21 322440 2/5/2015 TREKKERTRACTOR LLC 437.18 32244 1 2/5/2015 ELITE TENT COMPANY 200.00 322442 2/5/2015 SARA L MATHEWS 25 .00 322443 2/5/201 5 JMC SERVICES INC 91. 16 322444 2/5/2015 ORLANDO FREIGHTLINER INC 159.71 322445 2/5/2015 EXCHANGE CLUB OF VERO BEACH 200.00 322446 2/5/20 15 REHMANN GROUP LLC 36,000.00 322447 2/5/2015 ALTERATIONS BLESSED 84.00 322448 2/5/2015 LOWES HOrvfE CENTERS INC 1,281.45 322449 2/5/20 15 LABOR READY SOUTHEAST INC 5,827.38 322450 2/5/2015 CARDINAL HEALTH 110 INC 747.96 32245 1 2/5/20 15 PPG ARCHITECTURAL FINISHES INC 222.39 322452 2/5/2015 ALEXMIKLO 90.00 322453 2/5/2015 MITCHELL GODWIN 90.00 322454 2/5/2015 AMERICAN MINORITY BUSINESS FORMS 247.00 322455 2/5/2015 0 SPORTSWEAR LLC 315.21 322456 2/5/2015 COMMERCIAL BUILDING MAINTENANCE 1,643 .00 322457 2/5/20 15 TREASURE COAST TURF INC 1,920.00 322458 2/5/2015 STRAIGHT OAK LLC 879.35 322459 2/5/2015 SAMUEL L. BARNES 250.00 322460 2/5/2015 STEWART & STEVENSON FDDALLC 426.00 322461 2/5/2015 ECONOMY PARTY & TENT RENTAL 400.00 322462 2/5/2015 DEBORAH CUEVAS 108.00 322463 2/5/2015 GONZALEZ SAGGIO & HARLAN LLP 22,882.98

30 4

CHECKNBR 322464 322465 322466 322467 322468 322469 322470 322471 322472 322473 322474 322475 322476 322477 322478 322479 322480 322481 322482 322483 322484 322485 322486 322487 322488 322489 322490 322491 322492 322493 322494 322495 322496 322497 322498 322499 322500 322501 322502 322503 322504 322505 322506 322507 322508 322509 322510 3225 11 322512 3225 13 322514 322515 322516 32251 7 3225 18 322519 322520 32252 1 322522 322523

CKDATE 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/20 15 2/5/2015 2/5/2015 2/5/20 15 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/201 5 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/201 5 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015

VENDOR ALEXIS THOMAS ERIC N JOHNSON RDW QUALITY BUILDERS LLC VALERIE WATERS THE LAW OFFICES OF JENNIFER D PESHKE PA AXIS DATA SOLUTIONS INC INTERCON SOLUTIONS INC MAVERICK UNITED ELEVATOR LLC SUN LIFE FINANCIAL ELECTRICAL RELIABILITY SERVICES INC RELIANT FIRE SYSTEMS INC WATERBURY HOUSING AUTHORITY MARK H HASKIN GAIL S SOLOMON THERESA M TELLER SALLY ANN GUY UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTJL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS KIMLEY HORN & AS SOC INC LFI FORT PIERCE INC FLORIDA EAST COAST RAILWAY LLC JANITORIAL DEPOT OF AMERICA INC ACUSHNET COMPANY GEOSYNTEC CONSULTANTS INC MORGAN & EKLUND INC FLORIDA DEPT OF ENVIRONMENTAL PROTECTION INDIAN RIVER FARMS WATER CNTRL DIST CINTAS CORPORATION NO 2 DASIE BRIDGEWATER HOPE CENTER INC

AMOUNT 16.24

4,523.38 22,377.00

160.00 1,011.00 3,306.55 7,396.50 5,740.00 4,912.64 2,350.00

363.00 504.86 430.38 235.42 430.62 430.58

61.02 49.18 27.36 48.16

104.90 227.45

15.81 74.35 39.58 23.38 20.05 78.48 2 1.38 84.74 30.75 60.17 85.42 24.18 19.46 75.49

5.18 2.20

64.60 80.06 65.69 35.63

139.59 230.23

62 .54 80.69 40.54 64.89

279.53 2,050.00 1,2 18.77 3,402.00

572.04 2,567.87

33,579.56 47,260.00

650.00 270.83

47.39 5,043.96

5

31

CHECKNBR 322524 322525 322526 322527 322528 322529 322530 322531 322532

Grand Total:

CKDATE 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015 2/5/2015

VENDOR MBV ENGINEERING INC

AMOUNT 250.00

GUARDIAN COMMUNITY RESOURCE MANAGEMENT NORTII HARRIS COMPUTER CORPORATION

1,100.00 75,000.00 68,615.48 23,778.00 27,713.22

INEOS NEW PLANET Bio:ENERGY LLC MANCILS TRACTOR SERVICE INC ALAN JAY FORD LINCOLN MERCURY INC LOWES HOME CENTERS INC KESSLER CONSULTING INC SOUTHERN STRATEGY GROUP OF ORLANDO LLC

60.34 16,116.11 5,000.00

1,182,613.72

6

32

TRANS.NBR 1005738 1005739 1005740 1005741 1005742 1005743 1005744 1005745 1005746 1005747 1005748 1005749 1005750 1005751 1005752 1005753 1005754 1005755 1005756 1005757 1005758 1005759 1005760 1005761 1005762 1005763 1005764 1005765 1005766 1005767 1005768 1005769 1005770 1005771 1005772 1005773 1005774 1005775 1005776 1005777 1005778 1005779 1005780 1005781 1005782 1005783 1005784 1005785 1005786 1005787

Grand Total:

ELECTRONIC PAYMENT- VISA CARD

DATE 1/30/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/20 15 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/2015 2/3/20 15 2/3/2015 2/3/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 4/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015 2/4/2015

VENDOR AT&T EVERGLADES FARM EQUIPMENT CO INC COLKITT SHEET METAL & AIC INC HENRY SCHEIN INC NORTH SOUTH SUPPLY INC INDIAN RIVER BATTERY DAVIDSON TITLES INC MIKES GARAGE & WRECKER SERVICE INC CENTER POINT INC MORNING STAR PERSONILIZED APPAREL INC ABCO GARAGE DOOR CO INC IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC SOUTHERN COMPUTER WAREHOUSE FERGUSON ENTERPRISES INC PRIDE ENTERPRISES MIDWEST MOTOR SUPPLY CO ECONOLITE CONTROL PRODUCTS INC SOUTHERN JANITOR SUPPLY INC CAPITAL OFFICE PRODUCTS METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC AUTO PARTNERS LLC L&L DISTRIBUTORS S & SAUTO PARTS WRIGHT FASTENER COMPANY LLC AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC EVERGLADES FARM EQUIPMENT CO INC COMMUNICATIONS INTERNATIONAL NORTH SOUTH SUPPLY INC AMERICAN CONCRETE INDUSTRIES INC MIKES GARAGE & WRECKER SERVICE INC MEEKS PLUMBING INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC ARAMARK UNIFORM & CAREER APPAREL LLC FERGUSON ENTERPRISES INC COMO OIL COMPANY OF FLORIDA SOUTHERN PLUMBING INC RECHTlEN INTERNATIONAL TRUCKS SOUTHERN JANITOR SUPPLY INC CAPITAL OFFICE PRODUCTS HARCROS CHEMICALS, INC. CONSOLIDATED ELECTRICAL DISTRIBUTORS INC MUNICIPAL WATER WORKS INC CUNlliflNSPOWERSOUTHLLC S & S AUTO PARTS HYDRA SERVICE (S) INC

AMOUNT 187.30

2,272.49 4,227.00 1,775.20

200.07 1,070.10

432.56 140.00 20.97

15,596.25 1,613.04

91.27 12.38

290.94 9,381.40

19.50 1,746.37

40,342.00 1,099.27

832.02 874.20 78.96

247.43 605.28

1,098.81 312.00

63.23 66.83

3,527.79 190.98 45.00

345.85 368.00 150.00 308.00

8,445.09 30.17

1,116.84 1,282.42

57.04 684.00 289.76

2,827.68 113.99

4,936.20 507.43

1,649.18 777.00 127.77

1,256.00 113,733.06

1

33

TRANS NBR 3404 3405 3406 3407 3408 3409 3410 3411 3412 3413 3414 3415 3416 3417 3418 3419 3420 3421

Grand Total:

ELECTRONIC PAYMENTS - WIRE & ACH

DATE 1/30/2015 1/30/2015 1/30/2015 1/30/2015 1/30/2015 1/30/2015 1/30/2015 1/30/2015 l /30/2015 1/30/2015 1130/2015 1/30/2015 1/30/201 5 1/30/2015 2/2/2015 2/2/2015 2/4/2015 2/4/2015

VENDOR AMOUNT KIMLEYHORN & ASSOC INC 30,838.51 INDIAN RIVER COUNTY SHERIFF 3,214.15 SENIOR RESOURCE ASSOCIATION 243,925.60 FL SDU 5,807.84 FLORIDA LEAGUE OF CITIES, INC 5,578.66 BENEFITS WORKSHOP 6,641.00 NACO/SOUTHEAST 492.00 ICMA RETIREMENT CORPORATION 2,142.30 NACO/SOUTHEAST 21,298.10 IRC FIRE FIGHTERS AS SOC 5,940.00 ICMA RETIREMENT CORPORATION 9,794.12 CLERK OF CIRCUIT COURT 78,885.33 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 72,425.59 INDIAN RIVER COUNTY SHERIFF 3,245,621.28 AGENCY FOR HEALTH CARE ADMIN 13,173.89 IRS-PAYROLL TAXES 379,614.05 FL RETIREMENT SYSTEM 656,254.87 I R C HEALTH INSURANCE - TRUST 52,889.96

4,834,537.25

34

CONSENT: 2/17/15 OJ

Office of 6B INDIAN RIVER COUNTY

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

MEMORANDUM

TO: Board of County Commissioners

FROM: Dylan Reingold -County Attorney Qc::--DATE: February 6, 2015

ATTORNEY

SUBJECT: Escheated Properties Located Within the Municipal Boundaries of the City of Fellsmere

On December 16, 2014 two properties located within the municipal boundaries of the City of Fellsmere were escheated to Indian River County. These properties had been on the List of Lands Available for Taxes for the prerequisite three years, and the Clerk of Court issued and recorded an Escheatment Tax Deed for each. The properties are identified as:

• Lots 114 and 115, Block 5, Hall, Carter & James Subdivision Site address: 1050 State Street, Fellsmere, Florida 32948

• Lot 108, Block 4, Hall, Carter & James Subdivision Site address: 1018 State Street, Fellsmere, Florida 32948

Since these properties are located within the boundaries of an incorporated municipality of the County, and because the properties were not acquired for infill housing and no applications for restitution of the properties were filed by the record fee simple owners of the properties as of the date the county obtained title, the County is required under Section 197.592(3), Florida Statutes, to convey the properties to the governing board of the municipality in which the lands are located.

Approved for February 17, 2015 BCC Meeting Consent Agenda _______ ..

~-~-TV--AT-TORNEY

Indian River Co.

Admin.

Co. Atty.

Budget

De artment Risk Management

35

Attached are two County Deeds which have been prepared to convey the properties to the City of Fellsmere.

Additionally, the City has been notified of this impending action .

FUNDING

The total costs with regard to this transaction are recording fees totaling $21.40 which are available from the General Fund/County Attorney's Office/Recording Fees- Account No. 00110214-034830.

RECOMMENDED ACTION

Authorize the Chairman of the Board of County Commissioners to execute the two County Deeds conveying the properties to the City of Fellsmere, pursuant to Section 197.592(3), Florida Statutes.

/nhm Attachments

cc: Jason R. Nunemaker- City Manager, City of Fellsmere Larry W. Napier- Finance Director, City of Fellsmere Warren Dill -City Attorney, City of Fellsmere

2

36

Prepared by: Office of County Attorney 1801 271h Street Vero Beach, FL 32960 772-226-1425

COUNTY DEED INDIAN RIVER COUNTY, FLORIDA

THIS DEED, made this 17th day of February, 2015, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1801 27th Street, Vera Beach, Florida 32960, and CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, party of the second part, whose mailing address is 22 S. Orange Street, Fellsmere, Florida 32948.

WITNESSETH that the said party of the first part, in compliance with Section 197 .592(3), Florida Statutes, has granted, bargained, conveyed and sold to the party of the second part, its successors and assigns forever, the following described land lying and being in Indian River County, Florida:

HALL, CARTER & JAMES SUB BLK 5 LOTS 114 & 115

PBI2-98

IN WITNESS WHEREOF the said party of the first part 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

APPROVED AS TO FORM

::o~·· DYLAN REINGOLD

COUNTY ATTQRN&Y

INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners

By:_-=------:-~------Wesley S. Davis, Chairman

BCC approved: February 17, 2015

(Official Seal)

37

Prepared by: Office of County Attorney 1801 271h Street Vero Beach, FL 32960 772-226-1425

COUNTY DEED INDIAN RIVER COUNTY, FLORIDA

THIS DEED, made this 17th day of February, 2015, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1801 27th Street, Vera Beach, Florida 32960, and CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, party of the second part, whose mailing address is 22 S. Orange Street, Fellsmere, Florida 32948.

WITNESSETH that the said party of the first part, in compliance with Section 197.592(3), Florida Statutes, has granted, bargained, conveyed and sold to the party of the second part, its successors and assigns forever, the following described land lying and being in Indian River County, Florida:

HALL, CARTER & JAMES SUB BLK 4 LOT 108 PBS 3-2 & 31

IN WITNESS WHEREOF the said party of the first part 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.


By: _________ _

Deputy Clerk

BY ~O._Y_L._A_N_R_E_I N_G_O_L_O __

COUNTY ATTORNEY

INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners

By: ___________ _ Wesley S. Davis, Chairman

BCC approved: February 17, 2015

(Official Seal)

38

To:

Indian River County Interoffice Memorandum

Office of Management & Budget

Members of the Board

Consent Agenda

From:


Subject: Miscellaneous Budget Amendment 007

Description and Conditions

The attached budget amendment appropriates funding necessary for the following:

1. Indian River County Libraries have received donations totaling $12,804. The attached entry appropriates these donations.

2. An increase in building activity has prompted the Building Department to reinstate its incentive program for building inspectors and plans examiners. By having multi-certified inspectors capable of providing that type of service, the Building Department would have added flexibility, better inspection coverage, increased inspection efficiency and increased customer service. The cost to reinstate the incentive program for FY 14/15 is $30,000, including benefits and will be funded by an increase in Building Permits revenue.

3. The East Gifford Drainage project is estimated to cost $ 250,000. Funding of $19,000 will be provided by the East Gifford Stormwater Municipal Services Benefit Unit (MSBU) with the additional $231,000 provided by Optional Sales Tax/Cash Forward. The attached entry appropriates this funding.

4. Several projects need to be "rolled over" to the current year. The attached entry appropriates the funding.

5. On January 6, 2015, the Board of County Commissioners approved a grant agreement for the Martin Luther King Walking Trail. The attached entry appropriates the grant and expenses for the project.

6. An adjustment is needed to increase transfers from the General Fund and M.S.T.U. to the Transportation Fund. Additional funds are available due from a combination of Medicaid, Department of Juvenile Justice and Reserves for a total of $500,000.

39

Board of County Commissioners February 9, 2015 Page 2 of 2

Staff Recommendation

Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2014/2015 budget.

Attachments

Budget Amendment 007 and Resolution

APPROVED AGENDA ITEM:

FOR: February 17. 2015

Indian River Count Administrator

Legal

Budget

Department Risk Mana ement

40

RESOLUTION NO. 2015-__

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2014-2015 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and

WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2014-2015 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution.

This Resolution was moved for adoption by Commissioner ______ , and the motion was seconded by Commissioner ____ _ and, upon being put to a vote, the vote was as follows:

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

The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2015.

Attest: Jeffrey R. Smith Clerk of Court and Comptroller

By __________ __

Deputy Clerk

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By ____________ _

Wesley S. Davis, Chairman

BY

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

~ 41

Resolution No. 201 5- ~" Budget Office Approval: Budget Amendment: 007

Jason E. Brc (.vn, Bu ~get Director --

Entry Fund/ Departrr~count Name Account Number Increase Decrease

Number

1. Revenue

General Fund/Mise/Donations-Main Library 001038-366095 $10,774 $0

General Fund/Mise/Donations-North County Library 001038-366100 $2,030 $0

Expense

General Fund/Main Library/Programming 00110971-038190 $2,000 $0

General Fund/Main Library/Youth Books 00110971-038110 $2,000 $0

General Fund/Main Library/Audio-Visual 00110971-035480 $6,774 $0

General Fund/North County Library/Books 00111271-035450 $2,030 $0

2. Revenue

Building Department/Building Penmits-County 441032-322010 $30,000 $0

Expense

Building DepartmenURegular Salaries 44123324-011120 $25,000 $0

Building Department/Social Secuirty 44123324-012110 $1,550 $0

Building Department/Retirement 44123324-012120 $3,085 $0

Building Department/Medicare 44123324-012170 $365 $0

3. Revenue

East Gifford Stormwater/Non-Revenue/Cash Forward- Oct 171039-389040 $19,000 $0

1st

Optional Sales Tax/Non-Revenue/Cash Forward-Oct 1st 315039-389040 $231 ,000 $0

Expense

East Gifford Stormwater/Drainage System/East Gifford 17128041-066340-15017 $19,000 $0

Drainage

Optional Sales Tax/Public Works/East Gifford Drainage 31524319-066340-15017 $231,000 $0

4. Revenue

General Fund/Cash Forward-Oct 1st 001 038-389040 $125,000 $0

CDBG/Cash Forward- Oct 1st 129039-389040 $1,721 $0

NSP3 Grant/Cash Forward- Oct 1st 130038-389040 $26,780 $0

Dodgertown Capital Reserve Fund/Cash Forward-Oct 1st 308039-389040 $128,248 $0

42

Resolution No. 2015- (A-I~.r;::· Budget Office Approval: Budget Amendment: 007

Jason E. B~own, ~udgetLrirector--'"

Entry Fund/Departn~Account Name Account Number Increase Decrease Number

Expense

General Fund/North County Library/Carpeting 00111271-041220 $125,000 $0

CDBG/House Rehab/NSP Grant/Inter-dept Charges 12913854-036990-09129 $1,721 $0

NSP3 Grant/Other Contractual Services 13013854-033490-11813 $26,780 $0

Dodgertown Capital Reserve Fund/Dodgertown Complex 3081627 5-06651 0-0 1 002 $128,248 $0

5. Revenue

MPO/FDEP MLK Trail Grant 124033-331700-15014 $150,000 $0

MPO/Cash Forward-Oct 1st 124039-389040 $44,000 $0

Expense

MPO/Pianning/MLK Walking Trail 12424015-066510-15014 $194,000 $0

6. Revenue

Transportation Fund/Non-Revenueffransfer In 111 039-381 020 $500,000 $0

Transportation Fund/Mise/Reimbursements 111038-369940 $0 $200,000

Transportation Fund/Mise/Traffic Sign Costs 111038-369943 $0 $175,000

Transportation Fund/Non-Revenue/Cash Forward-Oct 1st 111 039-389040 $0 $125,000

Expensre

General Fund/Agencies/Department of Juvenile Justice 00111 023-088990 $0 $120,000

General Fund/Medicaid/Nursing Home 00111164-033180 $0 $50,000

General Fund/Reserves/Cash Forward-September 30 0011 9981-099920 $0 $60,000

General Fund/Reservesffransfer Out 00119981-09921 a $230,000 $0

MSTU Fund/Reserves/Cash Forward-September 30 00419981-099920 $0 $270,000

MSTU Fund/Reservesrrransfer Out 00419981-099210 $270,000 $0

43

DATE:

TO:

THROUGH:

FROM:

SUBJECT:

BACKGROUND:

INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET

PURCHASING DIVISION

February 2, 2015


Joseph A. Baird, County Administrator

CONSENT AGENDA

Jason Brown, Director, Office of Management and Budget

Jennifer Hyde, Purchasing Manager , -'f. Declaration of Excess Equipment as Surplus for Sale or Disposal

The equipment on the attached list has been determined excess to the needs of Indian River

County and requires disposal in accordance with Florida Statutes.

Staff plans to participate in the February 28, 2015 auction hosted by the Sheriff's Department at their facility. The funds received from the sale of these items will be returned to the appropriate accounts.

RECOMMENDATION:

Staff recommends the Board declare the items on the attached Excess Equipment List as

surplus and authorize their sale and/or disposal. There is no cost to the County associated with this request.

ATTACHMENT: Excess Equipment List


Indian River Co Admin

Legal Budget Department Risk Manager

44

Dept Asset# Fleet# Road & Bridge 208430 2

Road & Bridge 208431 2A

Road & Bridge 163990 51




Road & Bridge 182940 260 Road & Bridge 190630 272

Fire Rescue 18751 617

Sandridge 21810 633



BCC Operations 18885

Building Division 23416



Building Division


Clerk of the Circuit Court 23867










Clerk of the Circuit Court















Computer Services 21285






County Attorney 23972

Emergency Services

Description 2002 John Deere 7210 Tractor

Tiger Saber Boom Mower

1996 Samsung Excavator

1995 Ford F800 Trash Truck

2001 Ford F250 3/4 Ton Crew cab

1999 GMC TK31003 Flatbed Dump

1998 Chevy C1500 1/2 Ton Truck

2000 Sterling SLT7500 Dump Truck

1999 Chevy Van

FORD E-150 VAN 2004

2003 Chevy 1500 Pickup

2002 Ford Supreme Van

HP Laser Jet 4050 TN

Dell Computer

HP Laser Jet 4050 TN

HP Laserjet 4100

HP Color Laserjet 2550n

Dell Optiplex GX260

Dell Optiplex 210L

Dell Optiplex 210L

Dell Optiplex 210L

Dell Optiplex 210L

Dell Optiplex 210L

Dell Optiplex 210L

Dell Optiplex 210L

Dell Optiplex 210L

IBM 4230 Printer

IBM 4230 Printer

(4) Viewsonic 22" Monitors

(2) HP 6127 Printers

HP 3550 Color Printer

HP 1320n Laser Jet

HP Laserjet 4240

HP Laserjet P2015

IBM 1332 Printer

Motorola Modem

Minolta Freedom 35MM Camera

Sony Handycam Video Camera

HP Photo smart AS6 Printer Fuji Discovery S1450 Zoom 35MM

Camera Quasar Microwave

Zenith VCR

Sears LXI TV

Snap Server 2200

Snap Server 2200

Baystack 450-24T switch

Belkin Switch

Accelar 1050 Switch

Baystack 450-24T switch

Dell Optiplex 745

Dell M992 Monitor

Excess Equipment List- 021715

1/3

Serial Number Working RW72104052756 Yes

Yes

EB40217 Yes

1FDYF80C5SVA67396 Yes

1FTNW20L31EC50735 Yes

1G OJ K34RXXF09732 Yes

1GCEC14M3WZ244214 Yes

2FZNAJBB6YAHI4891 Yes

1GCHG39F3X1134402 No

1FMRE11WS4HA46587 Yes

1GCED14XX4Z108380 Yes

1FTSS34L02HA66318 Yes

USCC045757 No

No

No

No

No

4V52K21 No

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

No

42Y032500188,

42Y032500189, Yes

42Y032500190,

42Y0325001891,

MY28L1COTK, MY28K1COMJ No

No

CNGKJ39604 No

CNRXK87787 No

CNB1P90350 No

9911T42 No

Yes

Yes

Yes

Yes

Yes

N16004085 No

Yes

XC00010592 No

FCC49BC768 No

FCC49BC721 No

10000547 No

F1D116-0SD No

10000589 No

10000592 No

Z7HQC1 No

CN 04N736-47606-342-BSQ2 Yes

45

Dept Asset# Fleet# Emergency Services 20051

Emergency Services 20049

Emergency Services 20050

Engineering 23976

Engineering 22615

Engineering 23457

Facilities Management

Facilities Management

Fire Rescue

Fire Rescue

Fire Rescue 22517

Fire Rescue 25750

Fire Rescue 23671

Fire Rescue 17505

Health Department 21408

Health Department

Health Department

Health Department

Health Department

Health Department

Health Department

Health Department

Health Department

Health Department

Health Department

Heaith Department

Health Department

Health Department

Health Department

Health Department





Health Department

Health Department

Health Department

Health Department

Health Department

Health Department

Main Library 23041

Main Library 23046

Main Library 24203

Main Library

Main Library

North County Library

Public Works 24335

Risk 23414

Road & Bridge 23420

Road & Bridge

Road & Bridge

Road & Bridge 21865

Description Gateway Solo 1400 La pop

Gateway Solo 1400 lapop

Gateway Solo 1400 La pop

Dell Optiplex 745

HP 5100TN Laser Jet Printer

Dell Optiplex 745

Dell GX520

Dell GX520

(3) Dell Optiplex GX520

Dell Latitude 0610 Laptop

Dell Latitude D610 Laptop

Dell Latitude XT2 XFR Laptop

AED/Lifepak 500

Canon NP 6230 Copier

Dell 2000FP Flat Monitor

HP OfficeJet all in one 7310

HP ScanJet 3670

Dell Optiplex GXSO

HP DeskJet 932C

HP DESKJET 932C

HP DESKJET 932C

HP DESKJET 920C

HP DESKJET 920C

HP DESKJET 920C

MOBILE PUBLIC ADDRESS SYSTEM

L-part of desk (not needed)

Skin Analyzer

Multi-Block Header

Electrodes and Desk Light

Dry Ice Maker

COD Reactor

Mercury Analyzer

Coliform Incubator Bath

Imperial Ill Incubator

GAS Chromatograph

HP Laserjet 2300dn +new toner

HP Color Laserjet 4500DN with spare

t oners, fusers and transfer kits

(2) Lasermark Rotary Laser Levels

Auto Laser 300

(2) Topcon AT-F6 Auto Levels

Dell Optiplex GX620

Dell Optiplex GX620

Dell Optiplex GX620

Dell Optiplex 745

Dell Optiplex 745

Acer Aspire M610 Computer

Dell Optiplex 745

Dell GX520

Computer

Acer Computer

Open computer

Dell Computer


2/3

Serial Number Working BT002120754 Yes

BT002120795 Yes

BT002120706 Yes

Yes

CS# 2274 No

D8338Cl No

618KM91 No

618KM91 No

5DXVV81, 7VRL871,82XV741 No

JQX2W91 I cs 2356 No

JMS6S71 No

No

No

No

CN09E2494663333SOFFL Yes

MY52GJ910J Yes

CN39TS21G5 Yes

3ZXSL11 Yes

CNOBR1SOTQ Yes

CN1111N1CO Yes

CNOAH1Q2SM Yes

MY1C5671WN Yes

CN1C56CONF Yes

CN1CJ6B1QC Yes

Yes

No

Yes

0691-0932 No

No

No

900301928 No

UM0504 No

14AS/5 No

0391-0606 No

864 Yes

CNBDB7134 Yes

JPHAE15298 Yes

No

No

No

Yes

Yes

Yes

Yes

Yes

PFSAOOX00274310052701 Yes

C9P72D1 No

B553291 No

CS2361 No

cs 1663 No

cs 1709 No

CS2127 No

46

Dept Asset# Fleet# Road & Bridge 189030

Road & Bridge 18883

Road & Bridge 20182

Road & Bridge 25713

Road & Bridge 26063

Road & Bridge

Road & Bridge 14754

Road & Bridge 23036

Road & Bridge 23345

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Tax Collector

Traffic 23054

Traffic 23054

Traffic 27705A 470

Utilities 202170

Utilities 23970

Utilities 26067

Utilities 21417

Utilities 23106

Utilities

Utilities 24462

Utilities 23478

Utilities 23980

Utilities 22284

Utilities 22280

Utilities 22279

Utilities 25732

Utilities 24464

Dodgertown 25938

Fire Rescue 19384 752

Description Dual 500 MHz Computer Server

HP Laser Jet SOOON Printer

2002 Topcon RL-HA Laser Level

2010 Spectra Precision laser level

2010 Spectra Precision laser level

Dell Computer

200 Pentium Computer

Dell Optiplex GX520

Dell Optiplex Computer

(2) 2-drawer file pedestals

(3) printer stands

(20) power strips

(4) desk chairs

(2) drop boxes (wood)

TV

(15) Desk chair mats (acrylic)

Floor Lamp

(2) 72-slot literature organizer

(5) Calculators

12-slot magazine rack

(40) 25-pin serial port cables

(2) wall mount TV stands

3-shelf bookcase (putty color)

6-slot calculator cart

Dell GX520

Dell GX520

Wrecked bucket utility body

2" Mud Hog Pump

Dell Optiplex 745

Wacker 2" Pump

CH & E 2" Pump

2" Mud Hog Pump

Kohler 75KW Generator wl white 6 cyl

diesel motor

Dell latitude D630 Laptop






Dell Latitude E6500 Laptop


Food Waste Disposer Model 300

2001 Ford F150 4x4 Super Cab


313

Serial Number Working CS1169 No

CS1328 Yes

345769313 No

10117525 No

10188955 No

4FGH961 No

cs 1447 No

No

No

Yes

Yes

Yes

No

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes BPQVS91 No

BPQVS91 I cs 2352 No

No

D01120553 No

CS# 2449 Yes

20002144 No

003030352 No

006011090 No

4005316 Yes

43HMBF1 I cs 2642 Yes

cs 2431 Yes

cs 2459 Yes

cs 2178 Yes

cs 2174 Yes

cs 2173 Yes

cs 2794 No

cs 2644 Yes

No

Yes

47

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM


Christopher R. Mora, P.E., Public Works Director ~ ~ Christopher J. Kafer, Jr., P.E., County Engineer v

Work Order No. 1, Kim/ey-Horn & Associates, Inc. 45th Street Left Turn Lane at US1 IRC Project No. 1355

February 9, 2015

DESCRIPTION AND CONDITIONS

CONSENT

On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with Kimley-Horn & Associates, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract.

The purpose of Work Order No. 1 is to provide design and permitting for construction of an eastbound left turn lane at the 45th Street and US1 intersection, which will require modification of the existing US1 signalization components to accommodate the additional vehicular lane. This additional left turn lane will extend approximately 1,200 feet to the west to tie to the existing 45th Street auxiliary lane west of the Florida East Coast Railroad right-of-way.

FUNDING

Funding is budgeted in Account No. 31521441-066510-13013, Optional Sales Tax, 45th Street/Left Turn Lane at US1, in the amount of $82,195.00.

RECOMMENDATION

Staff recommends approval of Work Order No. 1 to Kim ley-Horn & Associates, Inc. authorizing the abovementioned professional services as outlined in the attached Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute the attached Work Order No. 1 on their behalf for a lump sum amount of $82,195.00.

ATTACHMENTS Indian River County

Work Order No. 1 Administration

DISTRIBUTION Budget

Legal

Kimley-Horn Associates, Inc. Public Works

APPROVED AGENDA ITEM Engineering

FOR February 17, 2015

frA4.~

F:\Public Works\ENGINEERING DIVISION PROJECfS\1 35S-45th St_USI Left Tum Lane\Admin\agenda itemsiBCC Agenda KHA Work Order No. Ldoc

48

INDIAN RIVER COUNTY CONTINUING CONTRACT AGREEMENT FOR

PROFESSIONAL SERVICES

This Work Order Number 1 is entered into as of this _ day of 2015, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15th 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 {collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida {"COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant").

EXHIBIT A- SCOPE OF WORK

45th Street and U.S. Highway llntersection

The COUNTY desires to construct an eastbound left turn lane at the 45th Street/ US Highway 1 intersection. This will require modification of the existing US Highway 1 signalization components to accommodate the additional vehicular lane. In addition, the COUNTY desires that this additional auxiliary lane extend approximately 1,200 feet to the west to tie to the existing 45th Street auxiliary lane west of the Florida East Coast Railroad right-of-way and that left turn auxiliary lanes be provided for all four approaches to the 45th Street/ Old Dixie Highway intersection.

These roadway improvements will need to consider Supplemental Safety Measures (SSM) at the 45th Street rail crossing. SSMs are risk reduction engineering treatments (e.g. medians or channelization devices) installed at public highway rail crossings within the quiet zone and can help maximize safety benefits and minimize risk.

A. Roadway Plans:

The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, Typical Section Sheet, General Notes Sheet, Plan and Profile Sheets, Cross Section Sheets, Signalization PI an Sheets, Erosion Control Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans.

The following additional data shall be utilized for development of the plans:

1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11"

1 I

49

x 17" sheets.

Work Order No. 1- 45th Street and US Highway 1 Roadway and Signalization Improvements, Indian River County

2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal PI' s shall be included on the Plan or summarized in an alignment table.

3. Utility adjustment sheets are not included in this scope of services and will be negotiated, if required, as a separate agreement at the completion of the design phase.

4. Plans shall include spot grades adequate to describe any proposed grading.

5. Match lines shall not be located within the limits of an intersection.

6. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table.

7. All quantities shall reference FOOT Pay Item Numbers.

8. All details shall reference FDOT Index Numbers.

9. All specifications shall reference to FOOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications.

10. The COUNTY will be responsible for supplying all needed topographic design survey data and geotechnical data necessary to design and permit the above identified improvements.

11. Initial, interim and Final Plan Submittal shall include the following: i. Three (3) Sets of Signed and Sealed Plans. ii. One (1} Opinion of Probable Construction Cost iii. One (1) CO with drawings in PDF format.

The plans will be prepared based upon English units. The design will be conducted in MicroStation and Geopak. Final Design files will be provided to the COUNTY in autoCAD format.

B. Signing and Pavement Marking Plans:

Page 2 of6

so

Work Order No. 1 - 45th Street and US Highway 1 Roadway and Signalization Improvements, Indian River County

Signing and Pavement Markings will be included within the Construction Documents. Quantities will be provided in the Summary of Pay Items sheet. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD}, FOOT Standard Specifications, Indexes, County standards and shall be accurate, legible, and complete in design.

C. Drainage Design and Permitting:

1. The Consultant will submit a permit application to the Florida Department of Transportation (FDOT) to support the roadway and signalization improvements proposed to take place within the FOOT US Highway 1 right-of-way.

2. Perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with the COUNTY and St. Johns River Water Management District (SJRWMD) criteria.

3. A Stormwater Pollution Prevention Plan (SW3P) will be developed in conjunction with this project. The site specific SW3P is a requirement of both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities, and the FDEP Generic Permit for Stormwater Discharges from Construction Activities.

4. The Consultant will submit a permit application to the Florida East Coast (FEC) Railroad to support the roadway improvements proposed to take place within the FEC right-of-way.

5. All permit fees will be paid directly by the COUNTY and are not included in the lump sum fees.

D. Franchise Utility Coordination:

The Consultant will coord inate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits.

E. Signalization Plans:

The Consultant will design mast-arm traffic signalization plans at the subject intersection to accommodate the proposed roadway improvements identified within this scope of work. The signalization plans will be developed consistent with FOOT design standards and requirements.

Page 3 of6

51

EXHIBIT B- FEE SCHEDULE

Work Order No. 1- 45th Street and US Highway 1 Roadway and Signalization Improvements, Indian River County

The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the

following:

A. Professional Services Fee

The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows:

Lump Sum Components

Task

Roadway Plans

Signing and Marking Plans

Drainage Design and Permitting

Franchise Utility Coordination

Signalization Plans

Project Total

(THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK)

Page 4 of6

Labor Fee

$35,465

$10,250

$18,580

$2,510

$15,390

$82,195

51

EXHIBIT C- TIME SCHEDULE

Work Order No.1- 45th Street and US Highway 1 Roadway and Signalization Improvements, Indian River County

Upon authorization to proceed by the COUNTY, final design documents are expected

to take approximately sixteen (16) weeks from the Notice to Proceed (NTP).

(THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK}

Page 5 of6

53

Work Order No. 1-45th Street and US Highway 1 Roadway and Signalization Improvements, Indian River County

The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work). attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above.

CONSULTANT:

KIMLEY-HOR~M·

INC. ~/

By: (~~' ( ___ L----/

Title: Senior Vice President

By:

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

---------------------------------Wesley S. Davis, Chairman

BCC Approved Date: -------------------------Attest: Jeffrey R. Smith, Clerk of Court and Comptroller

By: ---------------------------------Deputy Clerk

Approved: rll ~, ~ seph -:Baird, Coun:jjnistrator

Approved as to form and legal sufficiency: WUr./2 ~- Dylan T. Reingold, County Attorney

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TO:

THROUGH:

FROM:

SUBJECT:

DATE:



Christopher R. Mora, P.E., Public Works Dire~ Christopher J. Kafer, Jr., P.E., County Engine/~ .

Michael D. Nixon, P.E., Roadway Production Manage~~ AWARD OF BID Old Dixie Highway Sidewalk from 38th Lane to 451h Street IRC Project No. 0845B, Bid No. 2014032

January 28, 2015


CONSEI\:T

8P

On September 8, 2014, the Board of County Commissioners entered into a Local Agency Program Agreement (LAP) FM # 423186-2-58-01 with the Florida Department ofTransportation (FOOT} for the construction of a sidewalk along Old Dixie Highway. The project consists of 3/4 miles of 5-foot wide concrete sidewalk along the east side of Old Dixie Highway from 38tn Lane to 45th Street.

The bid opening for the project was held on November 12, 2014. Five (5) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows:

Florida Site Contracting Timothy Rose Contracting, Inc. Guettler Brothers Construction, Inc. Stillwater Construction, Inc. Dato Construction, Inc.

Vero Beach, Florida Vero Beach, Florida Ft. Pierce, Florida Malabar, Florida Vero Beach, Florida

* Denotes mathematical errors were found and bid amounts corrected.

$122,901.25 $129,200.52 $148,739.00 $176,400.00 ~ $181,974.74

One bid was disqualified; Florida Site Contracting does not meet the required qualifications in the contract documents and is not responsible or responsive in its work. Florida Site Contracting does not have "at least five years" experience in construction of similar projects of this size and larger. Florida Site Contracting has failed to complete and comply with the contract documents in a timely manner on past and ongoing jobs with the County. The County has a duty to select not only the lowest, but the most responsive, responsible bidder. Florida Site Contracting is registered as a fictitious name owned by Ag-Scape Services, Inc. w ith Shane Barry listed as president. Mr. Barry responded to the Qualification of Bidders using a fictitious name entity that existed for less than two years at the time his bid was submitted. Ag-Scape Services, Inc. has a current contract with Indian River County for repairs to the County Shooting Range. The project completion date was set for June 22, 2014 and is still not completed. Mr. Barry, on behalf of Ag-Scape Services, Inc., has failed to conform his work to the bid specifications and when told of his non-conforming work on the project, failed to comply in a timely manner as the job is still not complete and not closed out despite written warnings to do so. His failure to return phone calls and respond in writing to the written warnings shows a lack of responsiveness and responsibility.

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PAGE TWO BCC Agenda Item for February 17, 2015 Michael D. Nixon, P.E., Roadway Production Manager

Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $129,200.52. Timothy Rose Contracting, Inc. has performed similar construction projects for the County and consistently performed in a satisfactory manner.

FUNDING

Funding is budgeted and available from the FOOT Local Agency Program (LAP) grant - Secondary Roads Gas Tax Account No. 10921441-066510-14002 - Old Dixie Highway Sidewalk from 381

h Lane to 451h Street, in the

amount of $129,200.52.

RECOMMENDATION

Staff recommends awarding this bid to Timothy Rose Contracting, Inc. in the amount of $129,200.52 as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid.

Staff further requests that the Board of County Commissioners approve the attached sam pie agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency.

ATIACHMENTS

1. Sample Agreement

DISTRIBUTION

1. Timothy Rose, President, Timothy Rose Contracting, Inc. 2. Shane Barry, Florida Site Contracting

APPROVED AGENDA ITEM Indian River County

FOR: February 17. 2015 Administration

ByrrJ'A.&J Budget

Legal

Purchasin

Public Works

Engineering

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SECTION 00520- Agreement (Public Works)

TABLE OF CONTENTS

ARTICLE 1 - WORK .................... .... .. ..... ............ ..... ... .. ............................... ......... .. .................. ..... ........... 2

J-.

ARTICLE 2- THE PROJECT ... ............................... .................................. :.<'fr~~~~~ ... .... : ........................ 2

-";.. . ,f~;) ARTICLE 3 ENGINEER ~~;~l~(~, ~ff:~t#;r" 2 - ......... .......................... ................. ........... ....... ... ,~~? ...... _ ,__.~ ................ :;. .. ....... .

·%~~~~~fr{Y~' .£1~~~-~ • -~~~~i·~ .!~i~!j'JT

ARTICLE 4 - CONTRACT TIMES ............ ..... ..... ...... ........ ~~~ .......................... ~~~~~ ... If!Jf: ............... 2 ·~\&~~ T~1-~r

~ ·~

_.4:~~~~ . ~ . .-1:!;." ARTICLE 5- CONTRACT PRICE .............. ..... ~if.:f~·"'"···· .. ~~~ ........ ·¥1;-: ....... :t~~-.............................. 3

ARTICLE 6- PAYMENT PROCEDU .. S~~·;,#'-···········'~~~~~---·· · · · ·· ······· · ·· · ··· · ·········3

ARTICLE 8- CONTRACToJt'

ARTICLE 9 - CON

. ... ~r:t"'

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SECTION 00520 -Agreement (Public Works)

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

and ____________________ ~~~--~------------------------------------------------------------------------------------------(hereinafter called CONTRACTOR).

OWNER and CONTRACTOR. agree as follows:

in consideration of the mutual covenants.i,hereinafter set forth,

ARTICLE 1 -WORK

/~fiiJ~f{§·· ··~~,,~

. . ,r'' __,~ ... \ )}.~

-~'f{:;,;.. _,._;~t.~~-1.01 CONTRACTOR shall complete all Work as specified or''i:J.t .~ ·c~""in the Contract

Documents. The Work is generally described as follows: ·~~- ,f'f"'' ;;.f.t[:Y ~ ~~-~!ff.-7

---- ·.-. ~1.<-,J y

The project will consist of the construction o~~ .... wide concrete "'~ , 41ilong the east side of Old Dixie Highway between Lii1if.J~nd 45th Street, .fij6ss length of approximately 4,500 linear feet. :::;,'~

ARTICLE 2 ·THE PROJECT ··;~~· ' 2.01 The Project for which the ents may be the whole or only a

part is generally described as

County prru.c:u••'"'

FM Number: Bid N!ll!flbE~r

=..:.....:..:~~:.:f.>'~,.

Proj

,.......i' , ..... , Public Works Department is hereinafter called the ENGINEER wl'J;~Pi~),W'f'mlR representative, assume all duties and responsibilities, and have

· .. assigned to ENGINEER in the Contract Documents in connection .... .,.t_... of the Work in accordance with the Contract Documents.

4.01 Time of the Essence

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

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

A. The Work will be substantially completed on or before the 60th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph


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14.07 of the General Conditions on or before the 75th day after the date when the Contract Times commence to run.

************************************************************************************************************

4.03 Liquidated Damages

A CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allow,ed in accordance with Article 12 of the General Conditions. Liquidated damages will com ·:!!), ce for this portion of work. The parties also recognize the delays, expense, and diffi . ... . involved in proving in ~ legal proce~ding t~e actual loss s_u_ffered by OWNER if t~f ork is 'l~ completed on t1me. Accordingly, Instead of requmng any such proof, QWNER al}(fi;,tt'ONTRACTOR agree that as liquidated damages for delay (but not as a ~'~ .... ~tRACT9,R shall pay OWNER $758.00 for each calendar day that expires a~.;ktfe time s~ed in paragraph 4.02 for Substantial Completion until Work is subst~ly co~e. After Subs!a~tial Compl~ti~n . if CONTRACT~R sh lect, refuse, _or~1jimplete the rema1n1ng Work Wlthm the Contract T1me or a extens1on t , · f granted by OWNER, CONTRACTOR shall pay each day that expires after the time specified in paragraph for final payment until the Work is completed and reaolfiu-

ARTICLE 5 - CONTRACT PRICE

5.01 OWNER shall pay Contract Documents, determined pursu

A For all Work, at the

B. THE CON

Bid, attached hereto as an exhibit.

and deductions provided in the Contract:

A CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents.

6.02 Progress Payments.

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

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(1 0%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modification~ to the construction

.~ .... services work provided under the Contract Documents. ,9y_fi~t;•

6.03 Pay Requests. ,tJr.,? A. Each request for a progress payment shall be sub~- oltf . e. application for

payment form supplied by OWNER and the application~~J~Yment s~~~ntain the CONTRACTOR'S certification. All .· payments~.pe OI1J!f·basis of progress of the work measured by the le of values e~J,~. or in the case of unit price work based on the r of units coni~d. After fifty percent (50%) completion, Fl Statutes section 218.735(8)(d), the to the County as OWNER for up to one half County as OWNER, and the County as OWNER to the CONTRACTOR unless such amounts good faith dispute; the subject of a claim pursuant to Fl 255.05(2005); or otherwise the subject of a claim or demand OWNER or the CONTRACTOR The CONTRACTOR uch retainage is attributable to the

r more subcontractors or suppliers, of such retainage to those

to Florida Statutes section ~~."'~ R further acknowledges and agrees that: 1)

immediate written notice of all decisions ,.,rt,ru""ld retainage on any subcontractor at greater

fifty percent (50%) completion; and 2} /~~-,CO seek release from the County as OWNER of the

:if.f/":2i7~~ilthheld until the final pay request.

6.04 '··'i· aragx~~fil.?~., . . 03 do not apply to construction services work purchased by the Count~,,~R w~ paid for, in whole or in part, with federal funds and are subject to federal i;franfor laws atiihegulations or requirements that are contrary to any provision of the Local Government Pr4IDPt Payment Act. In such event, payment and retainage provisions shall be governed ~-;~iicable grant requirements and guidelines.

6.05 Acceptance of Final Payment as Release.

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

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ARTICLE 7 - INDEMNIFICATION

7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.

ARTICLE 8- CONTRACTOR'S REPRESENTATIONS

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

A. CONTRACTOR has examined and carefully studied the Co. Documents and the other related data identified in the Bidding Documents. .,

.;. > ..... ••

B. CONTRACTOR has visited the Site and become familiar w"iii1aoct~~atisfied a to the -~-~~- ... 'i=- -~:. :9' ••

general, local, and Site conditions that may affect cost, progres~~ perform . of the Wk ~- ~ or . ~~ ~.('\1k. .r~

~~ ·-:.· -~~ .,~rlff..,

C. CON~CTOR is familiar with and is satisfi~Q -~s f':tederal, state, a ·::7 f6'bal Laws and Regulat1ons that may affect cost, progres ·-· ~o ·· of the W .

-~~~t:.

D. CONTRACTOR. ~as carefully ~tu- all: (~)jlport~· ·c~~:;;; • r~tions . and tes~~ of subsurface cond1t1ons at or cont1guo~5t}i.. the S~;Jhd all dra~s of phys1cal conditions in or relating to existing surf(\·~~r s~~~structures at ·or contiguous to the Site (except Underground Faciliti · l_ch ··lite.:'"· been identified in the Supplementary Conditions as provided in parag ;Q2 of-J3eneral Conditions and (2) reports and drawings of a Hazardg,us Enviro .. ,;~~on~ if any, at the Site which have been identified in the Sup ···· .. J.ary Co .... ~o··~· · . ProWled in paragraph 4.06 of the General Conditions. ·-::~,t

''':\ . """ E. CONTRAC~~-has obtain ;_~ ;,:itnd' · :~~ studied (or assumes responsibility for having

done so) ali~"~t .. ~or sup~- ntary"'examinations, investigations, explorations, tests, studies, and~ c~~~ co·· .. _;,,..ns (surface, subsurface, and Underground Facilities) at or contiguol.iJ.Jo th~-~~h i"Fi''ay affect cost, progress, or performance of the Work or,,- · __ h relate~l9. .• ~-{,..,.. asp~ffif the means, methods, techniques, sequences, and

"'' ~("'' -~"'~, s of c. ction to be employed by CONTRACTOR, including applying the 4.,~;$"'pecific means, m~s. techniques, sequences, and procedures of construction, if any, ~l~~pr · f>¥s~~e Contract Documents to be employed by CONTRACTOR, and

..,.., · · b ,ani ·programs incident thereto ;~· .. :·!

.~fiJi F. CONTRACT. ::"''does not consider that any further examinations, investigations,

explo~~; ts, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

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

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


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

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

ARTICLE 9- CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following: .iilf"' ~~ft~::~~

1. This Agreement (pages 00520-1 to 00520-9, inclusive); ~.}'~-~~~-

,~~~~~ -:?. 2. Notice to Proceed (page 00550-1); ''i;~¥i~w"

,.~:.~·~~~ - ~ ~tz::-~.)'.,

· 0-3 inclusive)· "!(~ 3. Public Construction Bond (pages 00610-1 to J , "'l::t

4.

5.

6.

7.

8. Professional Su .t

the Work (page o·' n as to Elevations and Locations of

9. . 700-45, inclusive); .... M •• ,..

10. Supplem · · ·ons ( .. 00800-i to 00800-10, inclusive); ~t~. :~~~~- ' ~l

1l .. ~cificatiorlj~jlsJl$R~d in · ... ble of contents of the Project Manual (Divisions 1 and

r·:~-:; ~l ~~~?.! 2. D~~:~~si. of a cover sheet and sheets numbered 2 through 33, inclusive, v~~;~~~~ach . et '';flea ring the following general title: Old Dixie Highway Sidewalk

·-w.lm roveme ·

13. A~~~bers __ to __ , inclusive); ..... 'fo'·:>-~4- . .• ..,..

14. Appendices to this Agreement (enumerated as follows) :

Appendix A - Nondiscrimination Agreement Appendix B - Indian River County Fertilizer Ordinance; Appendix C - Permits Appendix D - Federal Required Contract Provisions; Appendix E - FHWA 1273;

15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive);

16. Bid Bond (page 430-1); 00520- Agreement (Public Works) FOR LAP PROJECTS ONLY

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17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive);

18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive);

19. Qualifications Questionnaire (page 456-1 to 456-4, inclusive);

20. List of Subcontractors (page 00458-1);

a) Written Amendments;

b) Work Change Directives;

c) Change Order(s);

d) Notice of Award;

22. Equal Opportunity Office Forms

23. Non-Collusion Affidavit

24. Certificate Regarding Lo

25. Certificate Reg Exclusion - Pri

32. FHWA 1273;

ARTICLE 10 - MISCELLANEOUS

10.01 Terms

SU.~lS.,.,,~~rncnrun•lity and Voluntary 00476);

A. Terms used in this Agreement will have the meanings indicated in the General Conditions.

10.02 Assignment of Contract

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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.

10.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, s. sors, assigns, and legal representatives to the other party hereto, its partners, su~ors, assigns, and legal representatives in respect to all covenants, agreements, an~~l'lgations~~ntained in the Contract Documents. ":\~~:;;-~~ · "~~'t_~;"'

~:··~;i~~~~-~~. -~f~"' -~:~~ •· .~

'£)i / •":0.

f.:~~ ..;;: :·;;:_"':'{~ 10.04 Severability

~ ~ · . ~ .~~~~~,

A. Any provision or part of the Contract Document~~d to be void o7~~~ble under any Law or Regulation shall be deemed stricke~!t':ld all remainingf"'Y6visions shall continue to be valid and binding upon O~tp"d . TRACTO . ho agree that the Contract Documents shall be reforme~,:replaOf.~~uch·~_ken , .. , 1on or part thereof with a valid and enforceable provisi9 .. , · "' t come~J; close;f8~~ le to expressing the intention of the stricken provision. J:i~'j' '>t:i;.'fJ/7

.t.. ...-:.:/~;~· . ~

10.05 Venue A. This Contract shall be governed· ws J~ State of Florida. Venue for any lawsuit

brought by either part¥ against t .. ,~~. -~:. >part9''~;;c;>therwise arising out of this Contract shall be in Indian R:: ·· ,unty, F~a;~~J.n th&'"'event of a federal jurisdiction, in the United States District ~ .. e S~enf~ct of Florida.

. "'' ,,~·· ~:;~,~~ ~$.,; ···:v'"' 1 0.06 Public Recor.,_Compliance$!.}:, "• .. ,

t~ b -~%}t~-~ A. Indian River , · ~~~-~ -",~ubli~~ncy subject to Chapter 119, Florida Statutes. The

Cont~actor sh~j~m, · ··:·-- t~~Cfa's Public Records Law. Specifically, the Contractor

s · .. ,, ·~t\(eep and{~tain pub~· records that ordinarily and necessarily would be required by the Coutii~~n order to perform the service.

,~~4~1£w~?ls;,:. ·-"~ .. . . . . '[f'fOv1de:- rc wrth access to public records on the same terms and cond1t1ons

··· that the .Qiunty would provide the records and at a cost that does not exceed the ,.cost pr~ed in chapter 119 or as otherwise provided by law.

1~~~~~~r~~;~~:·;!;'~ (3) E-rl'sure that public records that are exempt or confidential and exempt from public

records disclosure requirements are not disclosed except as authorized by law.

(4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County.

B. 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: ____________________________ _


By: ________ ~-------------------Joseph A Baird, County Administrator

APPROVED AS TO FORM AND SUFFICIENCY:

.,\~~~~~~ . ...,.. ... t:...,_"'ti

.,. ·:;::... ··~less for giving notices: -·r-...r ·~., .. ~~~ ~---------------------------------

·~------------------------------------.;y

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.)

* * END OF SECTION * *

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TO:

FROM:

INDIAN RIVER COUNTY MEMORAN D UM

Joseph Baird, County Administrator

Colleen Peterson, Human Resources Manager

DATE: February 9, 2015

SUBJECT: Florida Blue- Administrative Services Agreement Renewal

CONSENT

Staff seeks approval to renew the Administrative Services Agreement with Florida Blue at the February 17, 2015, regular meeting of the Board of County Commissioners. The term of the agreement will be from October 1, 2015, to September 30, 2018.

The County' s current Administrative Services Agreement with Florida Blue expires September 30, 2015. Florida Blue will maintain the current administrative fee of $49.95 per participant per month through September 30, 2017. However, effective October 1, 2017, the administrative fee will increase by 3% to $51.50 per participant per month. Florida Blue had originally proposed a 5% increase effective October 1, 2017, but the County was successful in negotiating the lower rate of 3%. This renewal represents a $29,165 increase beginning FY 2017-18 based on 1,568 enrolled employees.

Additionally, upon acceptance of this agreement, Florida Blue will provide a wellness contribution to the County in the amount of $50,000 and an additional $50,000 on October 1, 2015, for a total of $100,000.

Similar to past agreements with Florida Blue, there is also an early termination fee of$125,000 if the County were to cancel this agreement prior to September 30, 2018.

Recommendation

Staff recommends that the Board authorize the County Administrator to execute the Administrative Services Agreement renewal with Florida Blue.

ATTACHMENT: Florida Blue Administrative Services Agreement - October 1, 20 I S-September 3 0, 2018

APPROVED FOR AGENDA:

~-4.51!5 Date f"

66

EXHIBIT "8"

to the ADMINISTRATIVE SERVICES AGREEMENT

between

BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC. D/B/A FLORIDA BLUE

and INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

I. Effective Date.

FINANCIAL ARRANGEMENTS Banking Arrangement

The effective date of this Exhibit is October 1, 2015.

II. Bank Account.

The Employer agrees to establish a bank account prior to the effective date of this Agreement, in its own name, at the bank designated by Florida Blue. The Employer authorizes Florida Blue to write checks on the bank account in order to pay claims pursuant to this Agreement. The Employer agrees to maintain the bank account and the reserve amount as set forth below. The Employer shall be responsible for the reconciliation of its bank account, based on information and reports provided by Florida Blue and the bank.

Ill. Special Banking Information .

A Name of Employer (as it is to appear on the checks) - no more than 25 characters:

B. Employer Bank Account Reference Number- 5 characters:

1QQ1Z

C. Reserve Requirement: $108,000

D. Funding Frequency: Daily

E. Method of Funding: ACH

-1-

67

IV. Administrative Fees:

A. Administrative fees during the term of the Agreement:

$49.95 per enrolled employee per month from October 1, 2015 through September 30, 2017.

$51.50 per enrolled employee per month from October 1, 2017 through September 30, 2018.

B. Administrative fees after the termination of the Agreement: 15% of claims paid.

C. Florida Blue will pay Employer a $50,000 wellness contribution upon the Board's approval of renewing this Agreement, for any wellness related initiatives or activities; Florida Blue will pay an additional $50,000 wellness contribution on October 1, 2015, for a total of $100,000.

V. Late Payment Penalty

A. A daily charge of .00038 times the amount of overdue administrative fees.

VI. Expected Enrollment

A. The administrative fees and reserve requirement referenced above are based on an expected enrollment of: 1 ,500.

B. If the actual enrollment is materially different from this expected enrollment, Florida Blue reserves the right to adjust the administrative fees and the reserve requirement as set forth in the Agreement.

-2-

68

AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENT

THIS AMENDMENT, entered into on February 17, 2015 is by and between Blue Cross and Blue Shield of Florida, Inc. d/b/a Florida Blue (hereinafter called "Florida Blue") and Indian River County Board of County Commissioners (hereinafter called the "Employer"). In consideration of the mutual and reciprocal promises herein contained, the Administrative Services Agreement between Florida Blue and the Employer (hereinafter "Agreement") effective October 1, 1996 is amended as follows:

1. Section I, subsection 1.1, is hereby amended to extend the term of the Agreement until September 30, 2018 unless the Agreement is terminated earlier in accordance with the terms of the Agreement.

2. Exhibit 8 to the Agreement is hereby amended, effective October 1, 2015. The revised Exhibit B is attached to this Amendment and replaces the Exhibit B previously attached to the Agreement.

3. Except as otherwise specifically noted in this Amendment, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect.

IN W ITNESS WHEREOF, this Amendment has been executed by the duly authorized representatives of the parties.

BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC. D/B/A FLORIDA BLUE

By:

Title:

Date:


By:

Title: County Administrator

Date:

APPROVED AS TO FOAM ANO LEGAL S~o.'FFlC!~NCY

BY L2':':: - -DYL.AN REINGOLD

COUNTY ATIORNEY

69

Item Pulled From Agenda

•

TO: FROM: DATE: SUBJECT:


Joseph Baird, County Administrator (\ D Colleen Peterson, Human Resources Manager U February 9, 2015

CONSENT

?>If

Authorize County Administrator to Execute the Business Associate Agreement and Confidentiality Agreement pertaining to the Health Insmance Portability and Accountability Act of 1996 (HIPAA),

Staff seeks approval for the COlmty Administrator to execute the Business Associate Agreement and Confidentiality Agreement pertaining to HIPAA at the February 17, 2015 regular meeting of the Board of County Commissioners.

Background The Business Associate Agreement and Confidentiality Agreement are required in order to comply with requirements under HIP AA, as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH). The Privacy Rule establishes national standards to protect individuals' medical records and other personal health information. The Privacy Rule applies to health plans, health care clearinghouses, and health care providers that conduct health care transactions electronically. The HIPAA Privacy Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The HIPAA Rules require that covered entities and business associates enter into contracts with their business associates to ensure that the business associates will appropriately safeguard protected health information (PHI). The business associate contract also serves to clarify and limit, as appropriate, the permissible uses and disclosures of Protected Health Information by the business associate, based on the relationship between the parties and the activities or services being performed by the business associate. The Business Associate Agreement will protect Indian River County BOCC and the Gehring Group with regard to the proper handling and disclosure of PHI and Electronic PHl by the Gehring Group on behalf ofBOCC.

The Confidentiality Agreement is a tri-party agreement between Indian River County BOCC, Benefits Workshop (service provider) and the Gehring Group. Benefits Workshop provides the Flexible Spending Accounts (FSA) for unreimbursed medical expenses. This agreement specifies how PHI and Electronic PHI concerning employees who have FSAs or benefit policies will be handled and disclosed on behalf of Indian River County BOCC by both the Gehring Group and Benefits Workshop as our service provider. The indemnification clause in the agreement, 3.11, applies to Benefits Workshop only.

Recommendation Staff recommends that the Board authorize the County Administrator to execute the agreements in order to comply with requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA.).

ATTACHMENTS: Business Associate Agreement and Confidentiality Agreement


Joseph A Baird, County Administrator

Approval Date

70

BUSINESS ASSOCIATE AGREEMENT

This Business Associate Agreement (the "Agreement") by and between Indian River County BOCC, ("Client"), and The Gehring Group, Inc. ("Gehring Group") is made and entered into effective August 15,2014.

RECITALS

WHEREAS, Client is a "'covered entity" as those terms are defined in 45 C.F.R. § 160.103; and

WHEREAS, Gehring Group provides consulting services to Client; and

WHEREAS, as a result of such functions, Client has identified Gehring Group as a "business associate," as defined in 45 C.F .R. § 160.103, of Client for purposes of the privacy and security requirements under the Health Insurance Portability and Accountability Act of 1996, (HIP AA) as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) and the regulations issued thereunder; and

WHEREAS, Gehring Group acknowledges that it is a business associate, as defined in 45 C.F.R. § 160.103, of Client that may create, use, or disclose Protected Health Information or Electronic Protected Health Information on behalf of Client; and

WHEREAS, Client desires to obtain written assurances that Gehring Group will safeguard Protected Health Information or Electronic Protected Health Information created or received by or on behalf of Client.

NOW, THEREFORE, the parties agree as follows:

1. DEFINITIONS

1.1 "Breach" shall have the meaning set forth in 45 C.F.R. §164.402.

1.2 "Data Aggregation" shall have the meaning as the term "data aggregation" in 45 C.F. R. § 164.501.

1.3 "Designated Record Set" shall mean a group of health-related records about an Individual as provided in 45 C.F.R. § 164.501.

1.4 "Electronic Health Record" shall mean an electronic record of health-related information with respect to an Individual that is created, gathered; managed and consulted by authorized healthcare clinicians and staff.

1.5 "Electronic Protected Health Information" or "Electronic PHI" means information that Gehring Group or its agent, including a subcontractor, creates, receives, maintains or transmits from or on behalf of Client that comes within paragraphs l(i) or l(ii) of the definition of "protected health information" at 45 C.F .R. § 160.103.

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1.6 "Genetic Infonnation" shall have the meaning assigned to such term in 45 C.F.R. §160.103.

1.7 "HIPAA" shall mean the health information privacy provtsiOns under the Health Insurance Portability and Accountability Act of 1996, and regulations issued thereunder at 45 C.F.R. Parts 160 and 164, as amended by HITECH.

1.8 "HITECH" shall mean the Health Information Technology for Economic and Clinical Health Act and the regulations issued thereunder.

1.9 "Individual" shall mean a person who is the subject to the Protected Health Information of the Client, and shall include a person who qualifies as the Individual's personal representative in accordance with 45 C.P.R.§ 164.502(g).

1.10 "Limited Data Set" shall have the meaning assigned to such term m 45 C.F .R. § 164.514( e )(2).

1.11 "Protected Health Information" or "PHI" shall have the same meaning as the term "protected health information" in 45 C.P.R.§ 160.103, limited to the information created or received by Gehring Group from or on behalf of Client. Genetic Information shall be considered PHI.

1.12 "Required by Law" shall mean a mandate contained in an applicable state, federal, or local law that compels Client (or business associates acting on behalf of Client) to make a use or disclosure ofPHI that is enforceable in a court of law.

1.13 "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system, as defined at 45 C.F.R. § 164.304. However, certain low risk attempts to breach network security, such as the incidents listed below, shall not constitute a Security Incident under this Agreement, provided they do not penetrate the perimeter, do not result in an actual breach of security and remain within the normal incident level:

•

•

•

pings on the firewall;

port scans;

attempts to log on to a system or enter a database with an invalid password or usemame;

• denial-of-service attacks that do not result in a server being taken off-line; and

• malware such as worms or viruses.

1.14 "Subcontractor" shall have the meaning as the term in 45 C.P.R. § 160.103.

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72

I. I 5 "Unsecured Protected Health Information" or "Unsecured PHI" shall have the meaning assigned to such term in 45 C.F.R. § 164.402 and guidance issued thereunder.

2. OBLIGATIONS OF THE PARTIES

2.1 Gehring Group shall safeguard all PHI and Electronic PHI created or received by Gehring Group on behalf of Client in accordance with HIP AA. Gehring Group shall implement administrative, physical and technical safeguards that prevent use or disclosure of the Electronic Protected Health Information other than as permitted by the Security Rules. Specifically, Gehring Group agrees to implement policies and procedures in accordance with 45 C.F.R. § 164.316 that:

1. Prevent, detect, contain and correct security violations in accordance with the administrative safeguards set forth in 45 C.F.R. § 164.308;

n. Limit physical access to electronic information systems and the facility or facilities in which they are housed, while ensuring that properly authorized access is allowed in accordance with the physical safeguards set forth in 45 C.F.R. § 164.310; and

m. Allow access to electronic information systems that maintain Electronic PHI to only those persons or software programs that have been granted access rights in accordance with the technical safeguards set forth in 45 C.F .R. § 164.312.

2.2 Gehring Group shall not use or disclose PHl or Electronic PHI except as permitted or required by Article 3 of this Agreement or as Required by Law. Gehring Group shall notify Client of all requests for the disclosure of PHI and Electronic PHI from a law enforcement or government official, or pursuant to a subpoena, court or administrative order, or other legal request as soon as possible prior to making the requested disclosure. Gehring Group shall provide to Client all PHI and Electronic PHI necessary to respond to these requests as soon as possible, but no later than ten (I 0) business days following its receipt of a written request from Client.

2.3 Client shall provide to Gehring Group, and Gehring Group shall request from Client, disclose to its affiliates, subsidiaries, agents and subcontractors or other third parties, only a Limited Data Set or, if necessary or otherwise permitted by HHS regulations, the minimum PHI or Electronic PHI necessary to perform or fulfill a specific function required or permitted under the Agreement. "Minimum necessary" shall be interpreted in accordance with HITECH, and in any event shall not include any direct identifiers of individuals such as names, street addresses, phone numbers or social security numbers, except for a unique identifier assigned by Client as necessary for the strategic analysis.

2.4 Gehring Group shall comply with all granted restrictions on the use and/or disclosure of PHI, pursuant to 45 C.P.R. § 164.522(a), upon written notice from Client; provided, however, that Client shall not grant any restriction that affects Gehring Group's use or disclosure of PHI without first consulting with Gehring Group.

Page 3 of8 1753541 0v. l

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2.5 Gehring Group shall comply with all granted requests for confidential communication of PHI, pursuant to 45 C.F.R. § 164.522(b), upon written notice from Client.

2.6 Gehring Group shall report to Client any use or disclosure of PHI not permitted by this Agreement of which Gehring Group becomes aware within fifteen (15) business days of its becoming aware, and will take such corrective action necessary, or as reasonably directed by Client, in order to prevent and minimize damage to any Individual and to prevent any further such occurrences.

2.7 Following the discovery of a Breach of Unsecured PHI, Gehring Group shall notify the Client without unreasonable delay and in no case no later than fifteen (15) days after discovery of the Breach. The notification shall include the identification of each Individual whose Unsecured PHI has been or is reasonably believed by Gehring Group to have been accessed, acquired, used or disclosed during the Breach. Gehring Group shall provide the Client with any other available information that the Client requires to notify affected individuals under the Privacy Rule.

2.8 Gehring Group shall make reasonable efforts to mitigate, to the extent practicable or as reasonably directed by Client, any harmful effect that is known to Gehring Group resulting from a breach of this Agreement or HIP AA that is directly caused by Gehring Group.

2.9 Gehring Group shall report to Client any Security Incident within five (5) business days of when it becomes aware of such Security Incident. Gehring Group shal1 mitigate to the extent practicable or as reasonably directed by Client any harmful effect that is known to Gehring Group of a Security Incident by Gehring Group.

2.1 0 Gehring Group shall take reasonable steps to ensure that any Subcontractor performing services for Client agrees in writing to the same restrictions and conditions that apply to Gehring Group with regard to its creation, use, and disclosure of PHI and Electronic PHI in accordance with 45 C.F.R. §§ 164.308(b)(2), 164.502(e)(l)(ii) and 164.504(e)(5). Gehring Group shall, upon written request from Client, provide a list of any Subcontractors with whom Gehring Group has contracted to perform services for Client. Gehring Group shall advise Client if any Subcontractor breaches its agreement with Gehring Group with respect to the disclosure or use of PHI or Electronic PHI. If Gehring Group knows of a pattern of activity or practice of its Subcontractor that constitutes a material breach or violation of the Subcontractor's duties and obligations under its agreement with the Subcontractor ("Subcontractor Material Breach"), Gehring Group shall cure the breach or provide a reasonable period for Subcontractor to cure the Subcontractor Material Breach; provided, however, that if Gehring Group cannot, or Subcontractor does not, cure the Subcontractor Material Breach within such period, Gehring Group shall terminate the agreement with Subcontractor, if feasible, at the end of such period.

2.1 1 Gehring Group shall, upon written request from Client, ·provide to Client a copy of any PHI or Electronic PHI in a Designated Record Set, as defined in 45 C.F.R. § 164.501,

Page 4 of8 17535410v. l

74

created or maintained by Gehring Group, and not also maintained by Client, within thirty (30) days of receipt of the request.

2.12 Gehring Group shall, upon written request from Client, make any amendment to PHI in a Designated Record Set maintained by Gehring Group within thirty (30) days of receipt of the request unless Gehring Group can establish to Client's satisfaction that the PHI at issue is accurate and complete.

2.13 If an Individual's PH1 is held in an Electronic Health Record, Gehring Group shall provide requested copies in electronic format to the individual or to an entity or person designated by the Individual, provided such designation is clearly and conspicuously made by the Individual or Client.

2.14 Gehring Group shall make its internal practices, written policies and procedures, books, records, and other documents relating to the use and disclosure of PHI and/or Electronic PHI created or maintained by Gehring Group on behalf of Client available to the Secretary of the Department of Health and Human Services, or his or her designee, for purposes of the Secretary determining Client' s compliance with HIPAA.

2.15 Gehring Group shall make available the information required to provide an accounting of disclosures made on and after the Effective Date, as necessary for Client to comply with 45 C.F.R. § 164.528, within twenty (20) business days of receipt ofthe request. Gehring Group shall provide one such accounting within a twelve month period without charge, but may make a reasonable charge for any additional such accountings within the same twelve month period.

2.16 Gehring Group shall maintain all records, other than those records that are also maintained by Client, for six ( 6) years from the date created or last in effect, whichever is later, as necessary for Client to comply with 45 C.F.R. § 164.530(j)(2).

3. P ERMITTED USES OF PHI

3.1 Gehring Group may use and disclose PHI and Electronic PHI as necessary to provide services to Client, subject to Section 2.3 of this Agreement and consistent with the requirements of HIP AA.

3.2 Gehring Group may use and disclose PHI and Electronic PHI as necessary for the proper management and administration of Gehring Group or to carry out Gehring Group's legal responsibilities, subject to Section 2.4 of this Agreement and consistent with the requirements of HIPAA; provided, however, that Gehring Group may disclose the PHI and Electronic PHI for such purposes only if:

1. the disclosure is Required by Law, or

n. Gehring Group obtains reasonable assurances that the party to whom the PHI or Electronic PHI is disclosed (a) will protect the confidentiality of the PHI and Electronic PHI, (b) will not further disclose the PHI or Electronic PHI except as Required by Law or for the purposes for which it was disclosed to the other party,

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and (c) will report any improper use or disclosure of the PHI and/or Electronic PHI to Gehring Group.

3.3 Except as otherwise limited in this Agreement, and to the extent provided for under this Agreement, Gehring Group may use PHI and Electronic PHI to provide Data Aggregation services to Client, as permitted by 42 C.F.R. § 164.504(e)(2)(i)(B).

4. TERMINATION OF AGREEMENT

4.1 Except as described in Section 4.3, this Agreement shall continue in effect so long as Gehring Group provides service to Client involving maintaining, using or disclosing PHI or Electronic PHI, or otherwise retains a copy of PHI or Electronic PHI provided to Gehring Group by Client.

4.2 Client may terminate this Agreement at any time if Client discovers that Gehring Group has materially breached any provision of this Agreement.

4.3 If Gehring Group becomes aware of a pattern of activity or practice of the Client that constitutes a material breach or violation of the Client's duties and obligations under the Agreement, Gehring Group shall take reasonable steps and provide a period of thirty (30) calendar days for the Client to cure the material breach or violation. If the Client does not cure the material breach or violation within such 30-day period, Gehring Group shall terminate the Agreement, if feasible, at the end of such 30-day period.

4.4 Upon the expiration of Client's relationship with Gehring Group, and contingent upon the payment of all outstanding fees, Gehring Group shall return PHI and Electronic PHI to Client or Client's designated agent upon Client's request. If return of all PHI and Electronic PHI is not feasible, the provisions of this Agreement shall continue to apply to Gehring Group until such time as all PHI and Electronic PHI is either returned to Client or destroyed pursuant to Gehring Group's document retention policy, provided that Gehring Group shall limit further use of PHI and Electronic PHI only to those purposes that make the destruction or return of the PHI and Electronic PHI infeasible. Following the expiration of the relationship, Gehring Group agrees not to disclose PHI and Electronic PHI except to Client or as Required by Law.

5. NOTICES

Whenever, under this Agreement, Gehring Group is required to give notice to Client, such notice shall be sent via First Class Mail to:

Attention: Privacy Officer

Whenever, under this Agreement, Client is required to give notice to Gehring Group, such notice shall be sent via First Class Mail to:

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6. INDEMNIFICATION

Katherine Bellantoni, Privacy Officer Gehring Group, Inc.

11505 Fairchild Gardens Ave. Suite 202

Palm Beach Gardens, FL 33410

Gehring Group agrees to indemnify Client, and any employees, directors, officers of Client (collectively "Client lndemnitees"), against all actual and direct losses resulting from or in connection with any breach of this Agreement by Gehring Group, or its partners, employees or other members of its workforce. Actual and direct losses shall include, but shall not be limited to, judgments, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) which are imposed upon or incurred by Client Indemnitees by reason of any suit, claim, action, investigation, or demand by any Individual, government entity, or third party. This obligation to indemnify shall survive the termination ofthis Agreement.

To the extent permitted by law, Client agrees to indemnify Gehring Group and any employees, directors, officers of Gehring Group (collectively "Gehring Group Indemnitees") against all actual and direct losses resulting from or in connection with any breach of this Agreement by Client, or any violation of HIP AA resulting from any improper use or disclosure of PHI and Electronic PHI pursuant to Client's direction. Actual and direct losses shall include, but shall not be limited to, judgments, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) which are imposed upon or incurred by Gehring Group Indemnitees by reason of any suit, claim, action, investigation, or demand by any Individual, government entity, or third party. This obligation to indemnify shall survive the termination of this Agreement.

7. GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of Florida. Jurisdiction and venue for any dispute relating to this Agreement shall rest exclusively with the state courts of Indian River County, Florida and the federal courts of the Southern District of Florida, as applicable.

8. AMENDMENT

The parties agree to negotiate in good faith any amendments necessary to conform this Agreement to changes in applicable law. Gehring Group further agrees to promptly attempt to amend its agreements with its subcontractors and agents to conform to the terms of this Agreement. In the event Gehring Group is unable to amend this Agreement or its agreements with its subcontractors in a way that is sufficient to satisfy the requirements under H1P AA, Client may terminate this Agreement in accordance with Section 4 upon thirty (30) days written notice.

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9. TERMS OF AGREEMENT GOVERN

Any ambiguity in this Agreement shall be resolved in a way that permits compliance with HIPAA. In the event of a conflict between the terms of this Agreement and any other contract or agreement between Client and Gehring Group, this Agreement shall govern.

10. REGULATORY REFERENCES

A reference in this Agreement to a section in the Privacy Rules or Security Rules means the section as in effect or as amended, and for which compliance is required.

* * *

IN WITNESS HEREOF, the parties have executed this Agreement by their respective duly authorized officers or representatives.

CLIENT

By:

Title:

Date:

APPROVED AS TO FORM AND lEGAl SUFFICIENCY

~--OYL.AN REINGOLD OOt:INrY ATTGRNEY

! 75354 10v.l

GEHRING GROUP, INC.

By:

Title:

Date:

Page 8 of8

78

CONFIDENTIALITY AGREEMENT

THIS CONFIDENTIALITY AGREEMENT (this "Agreement") is made and entered into as of August l , 2014 (the "Effective Date") by and between Indian River County BOCC ("Client"), The Gehring Group, Inc. ("Gehring Group"), and JAG Enterprises, LLC. d.b.a. Benefits Workshop ("Service Provider"). Client, Gehring Group, and Service Provider are referred to individually as a "Party" and collectively as the "Parties" herein.

WHEREAS, Client is a Covered Entity under HIPAA (as defined below);

WHEREAS, effective October 1, 2010 Client entered into a Service Agreement with Service Provider (the "Service Provider Agreement") pursuant to which Service Provider performs services (the ''Service Provider Services") on behalf of the Client;

WHEREAS, effective April 20, 20 l 0 Client entered into a Consulting Agreement with Gehring Group (the "Gehring Group Agreement") pursuant to which the Client has engaged Gehring Group to provide or arrange for the provision of certain consulting services (the "Gehring Group Services") to the Client;

WHEREAS, Client has entered into business associate agreements with each Service Provider and Gehring Group pursuant to which the Parties have agreed to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (the "Act"), the privacy standards adopted by the U.S. Department of Health and Human Services ("HHS") as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E (the "Privacy Rule"), the security standards adopted by HHS as they may be amended from time to time, 45 C.F .R. parts 160, 162, and 164, subpart C (the "Security Rule"), and the privacy provisions (Subtitle D) of the Health Infotmation Technology for Economic and Clinical Health Act, Division A, Title XIII of Pub. L. 111-5, and its implementing regulations (the "HITECH Act") (collectively referred to herein as "HIPAA"), in providing the Service Provider Services and the Gehring Group Services to the Client;

WHEREAS, Client has requested that Gehring Group provide information directly to Service Provider, which may include individually identifiable health information, as that term is defined by HIP AA;

WHEREAS, the Parties agree to comply with the applicable requirements of HIP AA, and will appropriately safeguard all protected health information ("PHI") or electronic protected health information ("electronic PHI") that is transferred, created, received or accessed pursuant to this Agreement; and

WHEREAS, the Parties desire to enter into this Agreement in order to (i) protect the privacy and provide for the security of PHI and electronic PHI transferred, received, accessed, used or maintained pursuant to this Agreement, and (ii) satisfy certain requirements imposed on the Parties by HIP AA.

NOW, THEREFORE, in consideration of the mutual benefits of complying with laws and regulations stated above, the Client, Gehring Group, and Service Provider agree as follows:

1 17670672v2 79

ARTICLE I

DEFINITIONS

1.1 "Minimum Necessarv" means the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure, or request or the amount of PHI described and defined by HHS from time to time as the "minimum necessary, " and in any event shall not include any direct identifiers of individuals such as names, street addresses, phone numbers or social security number, except for a unique identifier assigned by Client as necessary for the strategic analysis.

1.2 Other terms. All other terms not specifically defined in this Agreement shall have the meanings attributed to them under HIP AA.

ARTICLE II

PRIVACY OF PROTECTED HEALTH INFORMATION

2.1 Permitted Uses & Disclosures.

(a) Except as otherwise limited by this Agreement, Service Provider may access, use or disclose PHI on behalf of, or to provide the Service Provider Services to Client pursuant to the Service Provider Agreement, if such use or disclosure of PHI would not violate HIP AA or the terms of this Agreement. Service Provider may use PHI for the proper management and administration of Service Provider's business or to provide data aggregation services relating to the health care operations of the Client.

(b) Notwithstanding the foregoing, Service Provider shall not disclose PHI unless: (i) required by law; or (ii) Service Provider obtains written assurance from the person to whom the PHI is disclosed that it will be kept confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person agrees to notify Service Provider of any instances of which it is aware in which the confidentiality of the information has been breached as required under 45 C.F.R. 164.504(e)(4). If Service Provider discloses PHI to a subcontractor or agent, Service Provider shall comply with Section 2.3 of this Agreement.

2.2 Safeguards for the Protection of PHI. Gehring Group and Service Provider shall implement and maintain the administrative, physical and technical safeguards required by HIPAA to protect the confidentiality, integrity and availability of electronic PHI and to ensure that PHI disclosed by and between Service Provider and Gehring Group is not used or disclosed by either Party, or by any of its subcontractors, affiliates, or associates, except as provided in this Agreement.

2.3 Reporting of Unauthorized Uses or Disclosures and Unauthorized Attempts to Use or Disclose.

(a) Service Provider shall notify Client and Gehring Group in writing, within ten ( 1 0) business days, of any use or disclosure of PHI of which Service Provider becomes aware

2 17670672v.2 80

that is not provided for or permitted by this Agreement or under HlPAA. Service Provider shall be responsible for all reasonable costs of notification associated with a breach or impermissible disclosure.

(b) Service Provider agrees to report to Client and Gehring Group the aggregate number of unsuccessful, unauthorized attempts to access, use, disclose, modify or destroy electronic versions of any of PHI or interfere with systems operations in an Information System containing PHI, of which Service Provider becomes aware, provided that: (a) such reports will be provided only as frequently as the Parties mutua1ly agree, but no more than once per month; and, (b) if the definition of " Security Incident" is amended under the Security Rule to remove the requirement for reporting "unsuccessful" attempts to use, disclose, modify or destroy electronic PHI, this Section 2.3 shall no longer apply as of the effective date of such amendment.

(c) Service Provider shall notify Client and Gehring Group of a Breach of unsecured PHI within ten ( I 0) business days after discovery of such a Breach in accordance with 45 CFR 164.410. The notice required by this Section 2.3(c) shall include, to the extent possible, the identification of each individual whose unsecured protected health information has been, or is reasonably believed by Service Provider to have been, accessed, acquired, used, or disclosed during the breach. Such notice shall also include, any of the following information, if available:

(i) A brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known;

(ii) A description of the types of unsecured protected health information that were involved in the breach; and

(iii) A brief description of what the breaching Party is doing to investigate the breach, to mitigate harm to individuals, and to protect against any further breaches.

2.4 Use of Subcontractors.

(a) Service Provider shall not delegate the performance of any Services without the prior written consent of Gehring Group and Client.

(b) To the extent that Service Provider uses one or more subcontractors or agents to perform its obligations under the Service Provider Agreement, and such subcontractors or agents receive or have access to PHI, Service Provider agrees to obtain written Service Providers that any such subcontractor or agent agrees to the same restrictions and conditions that apply to Service Provider with respect to such PHI, including the requirement that subcontractors and agents agree to implement reasonable and appropriate safeguards to protect electronic PHI that is disclosed to subcontractors and agents by Subcontractor. Service Provider will disclose to any such subcontractor no more than a limited data set or the Minimum Necessary, as applicable, pursuant to HIP AA requirements.

(c) If, pursuant to future regulations promulgated by HHS, subcontractors of business associates are deemed to be business associates, Service Provider will (i) ensure its subcontractors comply with all of the provisions of HIP AA applicable to business associates; and

3 17670672v .2 81

(ii) require any agent or contractor with whom it shares PHI to sign a business associate subcontract that complies with HIPAA; provided, however, that Service Provider shall not enter into such subcontract without prior written consent of Gehring Group.

2.5 Authorized Access to PHI. To the extent that Service Provider maintains PHI in a Designated Record Set, Service Provider shaJl provide Gehring Group with access to such PHI no later than five (5) business days after receipt of such written request by Gehring Group pursuant to 45 CFR 164.524.

2.6 Amendment to PHI. To the extent that Service Provider maintains PHI in a Designated Record Set, Service Provider shall amend such PHI in accordance with Gehring Group's written request no later than five (5) business days after receipt of such request by Gehring Group pursuant to 45 CFR 164.526.

2.7 Accounting of Disclosures of PHI. Service Provider shall keep records of all disclosures of PHI made by Service Provider (the "Disclosure Accounting") on an ongoing basis to the extent required by HIP AA and for the period of time for which, under HIP AA, a Covered Entity must maintain a record of such disclosures, except for disclosures:

(a) To carry out Treatment, Payment, or Health Care Operations, as provided in 45 CFR 164.502; provided, however, that, Service Provider shall, to the extent required by the HITECH Act and the accompanying regulations, keep a record of disclosures to carry out Treatment, Payment, or Health Care Operations made via an electronic health record for a period of at least three (3) years; or

(b) As otherwise excluded, as described at 45 C.F.R. 164.528(i)-(ix).

Service Provider shall provide the Disclosure Accounting to Client and Gehring Group (or to an Individual, if so directed by Client and Gehring Group, as applicable) (i) no later than five (5) business days after receipt of written request for such Disclosure Accounting by Client and Gehring Group pursuant to 45 CFR 164.528, or (ii) in accordance with HIPAA.

2.8 Obligations of Client.

(a) Client shall notify Gehring Group· and Service Provider of any restriction on the use or disclosure of PHI to which Client has agreed in accordance with the relevant provisions of HIP AA, to the extent that such restriction may affect Gehring Group's use or disclosure of PHI to Service Provider.

(b) Client shall notify Gehring Group and Service Provider of any changes in, or revocation of, permission by an individual to use or disclose such individual's PHI to the extent that such change may affect Gehring Group's use or disclosure ofPHI to Service Provider.

2.9 Additional Obligations.

(a) Electronic Copies of PHI. As applicable, Service Provider will (i)

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cooperate with Client and Gehring Group to provide an Individual with an electronic copy of such individual's PHI ifthe PHI is maintained by Service Provider in an electronic health record and the individual requests an electronic copy of his or her PHI, and (ii) comply with, and cooperate with Client and Gehring Group to facilitate Client's and Gehring Group's compliance with its obligations regarding electronic health records pursuant to Section 13405( e)( 1) of the HITECH Act and any regulations HHS may promulgate thereunder.

(b) Non-Disclosure for Out-of-Pocket Services. As applicable, Service Provider will (i) abide by any directive from Client and Gehring Group not to disclose PHI in connection with an item or service for which an individual has paid out-of-pocket, in full, and (ii) cooperate with Client and Gehring Group to facilitate Client's and Gehring Group's compliance with its obligations not to disclose certain PHI in accordance with Section 13405(a) of the HITECH Act and any regulations HHS may promulgate thereunder.

(c) Prohibition on Sale of PHI. Service Provider will not sell PHI or receive any direct or indirect remuneration in exchange for PHI, except as expressly permitted by this Agreement and the Service Provider Agreement.

(d) Prohibition on Marketing. Service Provider will not transmit, to any individual for whom Service Provider has PHI, any communication about a product or service that encourages the recipient of the communication to purchase or use that product or service unless permitted to do so under the HITECH Act.

ARTICLE ill

MISCELLANEOUS

3.1 Applicability. This Agreement shall be applicable to PHI received by Service Provider from Gehring Group or created or received by Service Provider from Client on behalf of Gehring Group.

3.2 Amendments. The Parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide for procedures to ensure compliance with such developments. The Parties specifically agree to take such action as is necessary to implement the standards and requirements of HIP AA and other applicable laws relating to the security or confidentiality of PHI.

3.3 No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than Client, Gehring Group, Service Provider and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever.

3.4 Conflicts. The terms and conditions of this Agreement will override and control any conflicting term or condition of any other agreements that may be in place between the Parties; provided, however, that the Business Associate Agreements between Client and Service Provider and Client and Gehring Group shall supersede this Agreement with respect to the

5 17670672v.2 83

relationships between such parties. All non-conflicting terms and conditions of this Agreement and any other agreement between the Parties remain in full force and effect.

3.5 Construction. This Agreement shall be construed as broadly as necessary to implement and comply with HIP AA. Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies with HIP AA.

3.6 Audit Rights. Service Provider shall make its practices, books and records related to PHI available to HHS for the purpose of determining Service Provider's compliance with this Agreement and HIP AA. In the event it is determined that Service Provider is in violation of HIP AA, or this Agreement, Service Provider will take reasonable steps to cure such violation or breach, in accordance with HIP AA.

3.7 Subpoenas. Each Party will provide written notice to the other Parties of any subpoena or other legal process seeking PHI received from or created on behalf of Gehring Group or the written notice shall be provided within 48 hours of receipt of a subpoena or other legal process.

3.8 Notices. All notices required to be given to any Patty under this Agreement will be in writing and sent by traceable carrier to each Party's address indicated below, or such other address as a Party may indicate by at least ten (10) days' prior written notice to the other Parties. Notices will be effective upon receipt.

Client


The Gehring Group, Inc. 11505 Fairchild Gardens Ave., Suite 202 Palm Beach Gardens, FL 33410 Attention: Privacy Officer, Katherine Bellantoni

Service Provider


3.9 Term. The term of this Agreement shall commence as of the Effective Date of this Agreement and shall continue in effect until terminated in accordance with Section 3.10.

3.10 Termination.

(a) This Agreement shall terminate upon the earlier to occur of: (i) termination of the Gehring Group Agreement (ii) the termination of the Service Provider Agreement or (iii) receipt by any Party of the Party's notice to terminate in the event of an

6 17670672v.2 84

uncured breach of a material term of this Agreement where the breach is not cured to the reasonable satisfaction of the non-breaching Part(ies) after thirty (30) days written notice of such breach.

(b) Upon termination of this Agreement for any reason, Service Provider shall, if feasible, return or destroy all PHI and electronic PHI or any copies thereof received from Gehring Group that Service Provider or its agents or subcontractors still maintain in any form. If retum or destruction is infeasible, Service Provider or its agents or subcontractors shall continue to extend the protections of this Agreement to such information, and limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible.

3.11 Indemnification.

(a) Service Provider will indemnify and hold harmless Gehring Group and Client and any of their affiliates, officers, directors, employees, subcontractors, agents, or other members of its workforce, from and against any claim, cause of action, liability, damage, fine, penalty, cost or expense arising out of or in connection with any non-permitted use or disclosure of PHI, electronic PHI or other breach of this Agreement by Service Provider or any subcontractor, agent, person or entity of Service Provider that provides the Service Provider Services. Notwithstanding any provision of the Service Provider Agreement to the contrary, Service Provider's responsibility for indemnification arising out of or in connection with this Agreement will be governed solely by this Section 3.11 and no provision set forth in the Service Provider Agreement, including indemnification provisions thereunder or any terms that defme, restrict or limit the types or amounts of damages, costs or expenses, will in any way restrict or limit Service Provider's indemnification liability hereunder.

3.12 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of Florida. Jurisdiction and venue for any dispute relating to this Agreement shall rest exclusively with the state courts of Indian River County, Florida and the federal courts of the Southern District of Florida, as applicable.

[Signatures on following page]

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IN WITNESS WHEREOF, the Parties have entered into thi s Agreement to be effective as of the Effective Date.

APPROVED AS TO FORM

=~ DYLAN REINGOLD COUNTY ATTORNEY

Client:

By: ____________ _ Its: _ ____________ _ Name: ____________ _

The Gehring Group, Inc.:

By: _____________ _ Its: _____________ _ Name: ____________ _

Service Provider:

By: ___ _____ _ _ ___ _ Name: ____________ _ Its: _ _ _________ __ _

8 17670672v.2 86

TO: FROM: DATE: SUBJECT:


Joseph Baird, County Administrator " D Colleen Peterson, Human Resources Manager ~· February 9, 2015

CONSENT

Authorize County Administrator to Execute the BlueMedicare Group Master Agreement

Staff seeks approval for the County Administrator to execute the BlueMedicare Group Master Agreement at the February 17, 2015 regular meeting of the Board of County Commissioners.

Background The BlueMedicare Advantage Plan was first offered to retirees in 2008. The County currently has three retirees who participate in the BlueMedicare Advantage Plan.

The BlueMedicare Group Master Agreement describes the rights and obligations which Indian River County and Blue Cross and Blue Shield of Florida, Inc., have with respect to the group Medicare Advantage Plan coverage to be provided to covered retirees and covered dependents. In exchange for payment of premium, Blue Cross and Blue Shield of Florida, Inc., agrees to provide the coverage and/or benefits specified in the Evidence of Coverage for the BlueMedicare Advantage Plan.

Recommendation Staff recommends that the Board authorize the County Administrator to execute the BlueMedicare Group Master Agreement.

ATTACHMENTS: BlueMedicare Group Master Agreement and Summary of Coverage for the BlueMedicare Advantage Plan.


~~~;?t1;5' Date

Approval Date

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BLUEMEDICARE GROUP MASTER AGREEMENT

SECTION 1: INTRODUCTION

This BlueMedicare Group Master Agreement (this "Agreement") describes the rights and obligations which you and Blue Cross and Blue Shield of Florida, Inc. ("Florida Blue") have with respect to the group Medicare Advantage, Medicare Advantage Prescription Drug Plan, and/or standalone Medicare Prescription Drug Plan (hereinafter, "Medicare Plan(s)") coverage to be provided by us to your Covered Retirees and Covered Dependents.

References to "we", "us", "our," and Florida Blue throughout this Agreement refer to Blue Cross and Blue Shield of Florida, Inc. In exchange for your payment of the Premium, we agree to provide the coverage and/or benefits specified in the Evidence of Coverage for the Medicare Plan(s) ("Evidence of Coverage"), a copy of which is attached to this Agreement. The coverage to be provided by us under the Group Plan which you have established is described in the Evidence of Coverage.

SECTION 2: DEFINITIONS

Certain terms defined in the Agreement are also used and defined (for the convenience of Covered Persons) in the Evidence of Coverage. If a word or phrase starts with a capital letter, it is either the first word in a sentence, a proper name, a title, or a defined term. The following defined terms apply to this Agreement:

Anniversary Date means the date one year after the Effective Date of coverage and subsequent annual anniversaries or such other date as mutually agreed to in writing by the parties.

Appeal means a request submitted by or on behalf of a Covered Person for a review of our decision to deny a request for coverage of health care services or prescription drugs or payment for services or drugs.

CMS means the Centers for Medicare and Medicaid Services.

CMS Requirements means the provisions of Parts C and D of Title XVlll of the Social Security Act, CMS Medicare Part C and D regulations at 42 C.P.R. Parts 422 and 423, the CMS Managed Care and Prescription Drug Benefit Manuals, other CMS instructions and guidance and the provisions of Florida Blue's contracts with CMS to offer the Medicare Plans.

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Covered Dependent means an Eligible Dependent who continues to meet all applicable eligibility requirements described in the Evidence of Coverage and who is enrolled, and actually covered, under the Agreement other than as a Covered Retiree.

Covered Person means a Covered Retiree or a Covered Dependent.

Covered Retiree means an Eligible Retiree, who continues to meet all applicable eligibility requirements described in the Evidence of Coverage and who is enrolled, and actually covered, under the Agreement other than as a Covered Dependent.

Effective Date for the Group means 12:01 a.m. on the date specified on the last page of this Agreement and for Covered Persons means 12:01 a.m. on the date coverage will begin as specified in the Evidence of Coverage.

Eligible Dependent means an individual who meets and continues to meet all of the eligibility requirements described in the Evidence of Coverage.

Eligible Retiree means an individual who meets and continues to meet all of the eligibility requirements set forth in the Evidence of Coverage and is eligible to enroll as a Covered Retiree. An Eligible Retiree is not a Covered Retiree until actually enrolled and accepted for coverage as a Covered Retiree by us.

Enrollment Forms means those fonns, electronic or paper, which are approved by us and used to maintain accurate enrollment files under the Agreement.

Grace Period means the sixty (60) calendar day period beginning on the date the Premium is due.

Grievance means a type of complaint submitted by a Covered Person (or other person eligible under CMS Requirements to submit a Grievance) about us or one of our network providers or pharmacies, including a complaint concerning the quality of care. This type of complaint does not involve coverage or payment disputes.

Group means the employer, labor union, association, partnership, corporation, department, other organization or entity through which coverage and benefits are issued by us.

Note: References to "you" or "your" throughout the first part of this Agreement also refer to the Group. References to "you" or "your" in the Evidence of Coverage refer to Eligible Retirees, Eligible Dependents, Covered Retirees and/or Covered Dependents depending on the context and intent of the specific provision.

Group Master Agreement or Agreement means the written document which is evidence of the entire agreement between the Group and Florida Blue whereby coverage and benefits are provided to Covered Persons.

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Late Enrollment Penalty ("LEP") means an amount added to the Part D Premium of an individual who did not have Part D coverage or other creditable prescription drug plan when the individual first became eligible for Part D or who had a break in Part D or other creditable prescription drug coverage for at least 63 days.

Low Income Subsidy ("LIS") means the premium subsidy amount paid to us by CMS for qualifying Covered Persons with Medicare Part D coverage.

Medicare Plan means the group Medicare Advantage Plan, Medicare Advantage Prescription Drug Plan, and/or standalone Medicare Prescription Drug Plan that you select.

Premium means the amount required to be paid by the Group to us for coverage under this Agreement.

Service Area means a geographic area where a Medicare Plan accepts members.

SECTION 3: ELIGIBILITY, ENROLLMENT, AND DISENROLLMENT

A. Eligibility Determination

Determination of whether an individual is an Eligible Retiree or Eligible Dependent will be a two-step process:

1. You will determine whether the individual is eligible to participate in the retiree group health benefit plan that you sponsor. For individuals meeting your eligibility criteria, you will promptly forward completed applications to us. You are responsible for complying with all applicable laws and regulations, including but not limited to the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code, in making this eligibility determination. You must also comply with all eligibility guidelines included in the benefit administrative guide and Evidence of Coverage.

2. After receiving a complete application, we will process the application in accordance with CMS Requirements. An application must be approved by us and accepted by CMS for an individual to be enrolled in a Medicare Plan.

B. Distribution of Enrollment Materials

You may only distribute materials describing the Medicare Plan that we have provided to you or that we have approved in writing. You will distribute any pre-enrollment materials that we provide to you to each potential enrollee before collecting enrollment applications. Nothing in this Section will preclude you from making additional disclosures about your group health benefit plan as applicable to comply with ERISA, such as a wrap-around summary plan description or other plan document. If applicable, you are solely responsible for compliance with ERISA disclosure requirements in connection with the Medicare Plan(s).

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C. Group Disenrollment

If you decide to disenroll all Covered Persons from a Medicare Plan, you must:

1. Notify all beneficiaries that you intend to disenroll them from the Medicare Plan. You will provide this notice at least twenty one (21) calendar days before the disenrollment. This notice will explain how to contact Medicare for information about other plan options that may be available. You will include language provided by Florida Blue in this notice to meet specific CMS Requirements for notice contents.

2. Provide us with all information necessary to submit a complete disenrollment request transaction to CMS in accordance with CMS Requirements.

3. In the event of termination of this Agreement, provide advanced notice in accordance with Section 4 of this Agreement.

D. Individual Covered Person Disenrollment

Covered Persons may be disenrolled from a Medicare Plan by Florida Blue if they become ineligible for continued enrollment. Covered Persons may also be disenrolled if this Agreement terminates or if you inform us that they are no longer eligible to participate in your retiree group health plan. If Florida Blue determines that a Covered Person is ineligible for continued enrollment or if you instruct us to disenroll an individual, you must:

1. Provide us with at least thirty (30) calendar days advanced notice of the ineligibility or disenrollment election of an individual; and

2. Provide the Covered Person(s) who will be disenrolled with at least twenty one (21) calendar days advanced notice of the termination and of other insurance options that are available to them. You will include language provided by Florida Blue in this notice to meet specific CMS Requirements for notice contents.

The Covered Person will have the opportunity to elect another plan offered by us or by you, join Original Medicare, or join another carrier's Medicare Plan (by submitting an enrollment request to that organization).

SECTION 4: TERM AND TERMINATION

A. Term of Agreement and Renewal Process

This Agreement shall become effective as of the Effective Date provided: (1) that we accept your Group Application; and (2) that you pay the required initial Premium specified by us.

This Agreement shall continue in effect until the first Anniversary Date following the Effective Date unless terminated earlier as permitted by its terms. After the initial term, this Agreement shall automatically renew each succeeding year on the Anniversary Date for an additional oneyear period unless:

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1. At least sixty (60) calendar days prior to such Anniversary Date, you notify us that you do not want the Agreement to automatically renew; or

2. It is terminated as permitted by its terms.

At least ninety (90) calendar days before each Anniversary Date, we will provide you with notice of changes in Premium and benefits under the Medicare Plan for the upcoming year (the "Renewal Notice").

lf this Agreement renews as specified above, all of its terms and provisions (including the Premium due) shall be amended to include the terms of the Renewal Notice, and the amended Agreement shall govern coverage as of the Anniversary Date. Payment of the new charges shall constitute acceptance of the change in Premium rates. This Agreement is conditionally renewable. This means that it automatically renews each year on your Anniversary Date unless terminated earlier in accordance with its terms.

B. Termination by Group

The Group may cancel this Agreement on its Anniversary Date by giving written notice to us at least sixty (60) calendar days in advance, unless we have initiated a termination for any of the reasons stated below.

C. Termination by Florida Blue

We may terminate this Agreement or refuse to renew for the following reasons:

1. Failure to Pay Premiums. You do not pay Premiums in accordance with its terms or we have not received timely Premium payments prior to the end of the Grace Period. Termination of this Agreement for failure to pay premiums shall be effective as of the end of the Grace Period. In the event of such termination, you are obligated to pay the following:

a. Any portion of the Premium due for coverage provided by us prior t o termination; and

b. Any amounts otherwise due us. 2. Fraud or Intentional Misrepresentation of Material Fact. You perform an act, or

engage in any practice, that constitutes fraud or make an intentional misrepresentation of material fact.

3. Group Contribution and Participation and CMS Rules. You do not comply with: (1) a material provision which relates to rules for Group contributions or Covered Person participation; or (2) any provision in this Agreement which relates to LIS or other CMS Requirements.

4. Service Area. There is no longer any Covered Person who lives, resides, or works in the Service Area.

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5. Termination or Non-renewal of the CMS Contract. We will provide you with at least ninety (90) calendar days' notice upon termination or non-renewal of our contract with CMS.

Except as specifically provided in this Subsection 4.C, if we decide to terminate or not renew the Agreement based on one or more of the circumstances mentioned above, we will give you at least forty-five ( 45) calendar days advance written notice.

D. Notification of Termination to Covered Retirees

It is your obligation to immediately notify each Covered Person of any such termination of this Agreement for any reason, consistent with the requirements of Section 3 ofthis Agreement.

E. Representations Made By, and Obligations of, the Group

In agreeing to provide coverage in accordance with the terms of this Agreement, we rely on the representations you made when you applied for coverage with us and your representation that you have authority to act on behalf of all Covered Persons with respect to this Agreement. Consequently, every act by, agreement with, or notice given to, you will be binding on all Covered Persons. You agree that you shall offer to all Eligible Retirees the opportunity to become a Covered Person under this Agreement. You agree that, if requested by us, you will distribute the Evidence of Coverage and other coverage materials to Covered Persons.

SECTION 5: PAYMENT PROVISIONS

A. Monthly Invoice

We will prepare a monthly invoice of the Premium due on or before the due date. This monthly invoice will also reflect any prorated charges and credits resulting from changes in the number of Covered Persons and changes in the types of coverage that took place in the previous or current month.

If you become aware that a Covered Person will become ineligible, you must provide us with written notice of such ineligibility as described in Section 3 of this Agreement. You shall be liable to us for the Premium due for each individual enrolled in a Medicare Plan under this Agreement until the effective date of disenrollment, which is set by CMS Requirements.

You must pay the total amount of the invoice. Do not add names to an invoice, change coverage or pay for a retiree or dependent whose name does not appear on the invoice. No changes can be made to a Group invoice unless a signed application form is on file and submitted to Florida Blue. Payment shall be for the total amount of the Group invoice.

B. Payment Due Date

The first Premium payment is due before the Effective Date of the Agreement. Each following payment is due monthly unless you agree with us in writing on some other method and/or

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frequency of payment. The Premium is due and payable on or before the first day of each succeeding calendar month to which such payments apply.

C. Grace Period

This Agreement has a thirty (30) calendar day Premium payment Grace Period, which begins on the date the Premium payment is due. If we do not receive the required Premium payment on or before the date it is due, it may be paid during this Grace Period. Coverage will stay in force during the Grace Period. If Premium payments are not received by the end of the Grace Period, we will terminate this Agreement and proceed with the disenrollment of Covered Persons as described in Section 3 of this Agreement.

D. Changes in Premium

Premium rates may be changed on your Anniversary Date as described in Section 4.A above regarding renewal.

E. Other Rules Regarding the Payment of Premiums

1. CMS rules govern the effective date of any disenrollment of a Covered Person under this Agreement, and we are not required to retroactively terminate this Agreement or coverage for any Covered Person.

2. If full payment of the Premium is not paid when due, this Agreement may be terminated as described in Section 4 of this Agreement.

F. Premium Subsidization

You may subsidize Premium amounts charged to Eligible Retirees. You are responsible for compliance with all applicable laws and regulations relating to your subsidy of Premiums, including ERISA and CMS Requirements, as applicable. You acknowledge and agree that Premium subsidization may vary for different classes of Eligible Retirees only if such classes are reasonable and based on objective business criteria. You represent and warrant that you will not vary Premium subsidization based on any Covered Person' s eligibility for LIS. Further, you will not vary Premium subsidization for individuals within a given class of Eligible Retirees. T.n no case will you charge an Eligible Retiree more than the sum of the monthly Premium that we charge you for the Medicare Plan benefits.

G. Low Income Subsidy

You will comply with the following requirements in connection with LIS:

1. You are required to pass through any LIS payments received from CMS to reduce the Premium amount that the Covered Retiree pays. You will first apply any LIS amounts to a Covered Person' s share of Premium. You may not benefit from any LIS amount until the Premium for a Covered Person (including amounts for the non-drug benefits in a

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combined Medicare Advantage Prescription Drug Plan) paid by a Covered Retiree is reduced to zero ($0.00).

2. You are responsible for reducing up-front Premium contributions that you collect from Covered Retirees for any Covered Persons eligible for LlS. In limited situations where you are unable to reduce the up-front Premium contribution (e.g. if LIS is awarded retroactively), you will directly refund the LIS amount to the Eligible Retiree within fifteen (15) calendar days ofthe date you receive the LIS amount from Florida Blue.

H. Late Enrollment Penalty ("LEP")

The Premium for an individual Covered Person may be higher if the Covered Person is assessed an LEP for not enrolling in Part B in a timely manner. This higher Premium will be reflected on the bill you receive from us.

I. Premium Billing

You wiJI be responsible for the payment of the "Total Monthly Premium per Covered Retiree" of all Group members. The Total Monthly Premium may be less for Covered Persons who qualify for LIS as defined by CMS. You will also be responsible for any LEP charges that Group members have been assessed by CMS. The first Premium charge is payable before the Effective Date of this Agreement. Monthly charges are payable on the first day of each following month during the time this Agreement is in effect.

J. Retroactive Premium Adjustment

The monthly charge will be determined from our records by the number of Covered Retirees who have been confirmed through the CMS enrollment transaction process. Retroactive adjustments will be made for additions and terminations of Covered Retirees and for Covered Retirees who have been confirmed through the CMS enrollment transaction process after the initial billing statement. Any refund that is owed to a Covered Retiree must come from the Group, unless the Covered Retiree is billed directly by us. Florida Blue will only adjust the amount due of a Group and will not refund Premium(s) paid to a Covered Retiree, unless we mutually agree that a Covered Retiree is to be directly billed by Florida Blue. You must refund to Covered Retirees any amounts received from us that are due to Covered Retirees in a timely manner.

SECTION 6: HOST BLUE PLANS

A. Out of Area Services

We have relationships with other Blue Cross and/or Blue Shield Licensees ("Host Blues") referred to generally as the "Medicare Advantage Program." When Covered Persons access healthcare services outside of Florida, the claim for those serv ices will be processed through the Medicare Advantage Program and presented to us for payment in accordance with the rules of

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the Medicare Advantage Program policies then in effect. The Medicare Advantage Program available to Covered Persons under this Agreement is described generally below.

B. Covered Persons Liability Calculation

The cost ofthe service on which the Covered Person's liability is based, will be either:

I. The Medicare allowable amount for covered services; or 2. The amount we negotiate with the provider of the Host Blue negotiates with its provider

on behalf of our Covered Persons, if applicable. The amount negotiated may be either higher than, lower than, or equal to the Medicare allowable amount.

SECTION 7: GENERAL PROVISIONS

A. Administration and Record Retention

You must provide us with any information we need to administer the coverage and/or benefits to be provided or needed to compute the Premium due. While this coverage is in force, we have the right, at any reasonable time, to examine your records on any issues necessary to verify information provided by you. You must retain all records relating to this Agreement, including but not limited to those relating to LIS administration, for the current calendar year plus an additional ten (1 0) years.

B. Assignment and Delegation

You may not assign, delegate or otherwise transfer this Agreement and the obligations hereunder without our written consent. Any assignment, delegation, or transfer made in violation of this provision shall be void. We may assign, delegate, or otherwise transfer this Agreement to our successor in interest or an affiliated entity without your consent at any time.

C. Authorization

Where this Agreement requires that an act involving the administration of coverage and/or benefits be authorized or approved by us, such authorization or approval shall be considered given when provided in writing by a duly authorized officer of Florida Blue or his or her designee.

D. Evidence of Coverage

We will provide an Evidence of Coverage and ID Card for each Covered Retiree. The Evidence of Coverage will describe the coverage and benefits to be provided to Covered Persons by us.

You agree that, if requested by us, you will distribute the Evidence of Coverage (and any Endorsements to it) and other coverage materials to Covered Persons.

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E. Grievance and Appeals Process

We have established and will maintain a process for hearing and resolving Grievances and Appeals raised by Covered Persons in accordance with CMS requirements. Details regarding this process are provided in the Evidence of Coverage.

F. Changes to the Agreement

Florida Blue may make any changes to this Agreement that are necessary to meet CMS Requirements ("CMS Mandated Amendments") with sixty (60) calendar days advanced written notice to you. Such changes shall become effective as amendments to this Agreement upon expiration of this sixty (60) calendar day notice period.

Except in the case of (a) CMS Mandated Amendments or (b) Renewal Notices as described in Section 4.A., no person may change, modify, or revise the written terms or provisions of this Agreement unless such change is made by a written amendment signed by one of our duly authorized officers. For example, no Eligible Retiree or agent of Florida Blue or the Group can change or waive the written terms or provisions of this Agreement except as stated in the first sentence ofthis paragraph.

G. Furnishing and Maintaining Enrollment Records

You must provide any information required by us for the purpose of creating and maintaining enrollment records, processing terminations, and recording changes in family status. In addition, you and each Eligible Retiree must submit accurate and complete Enrollment Forms on a timely basis. You are responsible for collecting the Enrollment Forms, reviewing them for accuracy and completeness, and forwarding them to us, along with the applicable Premium payment. All enrollment record information which is relevant to the eligibility or coverage status of any individual must be made available to us for inspection and copying upon request.

H. Errors or Delays

Clerical errors or delays by us in maintaining enrollment records regarding Covered Persons will not invalidate coverage which would otherwise be validly in force or continue coverage which would otherwise be validly terminated, provided you have furnished us with timely and accurate enrollment information. Errors or delays by you in furnishing accurate enrollment information to us will not affect our right to strictly enforce any and all eligibility requirements.

I. Entire Agreement

This Agreement sets forth the exclusive and entire understanding and agreement between the parties and shall be binding upon the Covered Persons, the parties, and any of their subsidiaries, affiliates, successors, heirs, and permitted assigns. All prior negotiations, agreements, and understandings are superseded hereby. No oral statements, representations, or understanding by

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any person can change, alter, delete, add or otherwise modify the express written terms of this Agreement, which includes the terms of coverage and/or benefits set forth in the Evidence of Coverage, the Schedule of Benefits, and any other attachments, amendments or riders.

J. Financial Responsibilities of the Group

We reserve the right to recover any benefit payments made to or on behalf of any individual whose coverage has been terminated. Our recovery efforts may relate to benefit payments made for health care services rendered subsequent to the Covered Person's termination date and prior to the date notice of coverage termination is required to be made by you. Your cooperation with and support such recovery efforts is required.

In the event that you do not comply with the notice requirements set forth in Subsection 5.A (Monthly Invoice), you shall be solely liable to us for Premium due until the effective date established by CMS for a Covered Person's disenrollment.

K. Indemnification

You shall hold harmless and indemnify Florida Blue, against all claims, demands, liabilities, or expenses (including reasonable attorney fees and court costs), which are related to, arise out of, or are in connection with any of your acts or omissions, or acts or omissions of any of your employees, retirees or agents, in the performance of your obligations under this Agreement. We are not your agent, nor are you our agent, for any purpose. This paragraph shall only apply to the extent allowed under Florida Statutes § 768.28.

L. Representations on the Group Application and the Enrollment Forms

We rely on the information you and your Eligible Retirees provide to determine whether to issue coverage; the appropriate Premium and financing method; and eligibility for coverage. All such information must be accurate, truthful, and complete. Statements made on the Enrollment Forms are representations and not warranties.

We may cancel, terminate, or void this Agreement if the information which you provide is fraudulent, or if you make an intentional misrepresentation.

M. Reservation of Right to Contract

We reserve the right to contract with any individuals, corporations, associations, prutnerships, or other entities for assistance with the servicing of coverage and benefits to be provided by us or obligations due, under this Agreement.

N. Service Mark

You, on behalf of the Group and its Covered Retirees, hereby expressly acknowledge your understanding that this Agreement constitutes a contract solely between you and Florida Blue. We are an independent corporation operating under a license with the Blue Cross and Blue

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Shield Association, an association of independent Blue Cross and Blue Shield Plans, (the "Association") permitting us to use the Blue Cross and Blue Shield Service Mark in the state of Florida and that we are not contracting as the agent of the Association. You further acknowledge and agree that you have not entered into this contract based upon representations by any person other than us and that no person, entity, or organization other than us shall be held accountable or liable to you for any of our obligations created under this Agreement. This paragraph shall not create any additional obligations whatsoever on our part other than those obligations created under other provisions of this Agreement.

0 . Third Party Beneficiary

This Agreement was entered into solely and specifically for the benefit of Florida Blue and the Group. The terms and provisions ofthe Agreement shall be binding solely upon, and inure solely to the benefit of, Florida Blue and the Group, and no other person shall have any rights, interest or claims under this Agreement, including the Evidence of Coverage, or be entitled to sue for a breach thereof as a third-party beneficiary or otherwise. Florida Blue and the Group hereby specifically express their intent that health care providers that have not entered into contracts with Florida Blue to participate in Florida Blue's provider networks shall not be third-party beneficiaries under this Agreement, including the Evidence of Coverage.

P. Inspection and Audit

You shall permit CMS, The U.S. Department of Health and Human Services, the Comptroller General, or their designees, to inspect, evaluate, and audit any of your books, contracts, medical records, patient care documentation, documents, papers, and other records pertaining to coverage by providing records to Florida Blue, which will submit the records to CMS. This right to inspect, evaluate, and audit shall extend ten (1 0) years from the expiration or termination of the Agreement or completion of final audit, whichever is later, unless otherwise required by applicable law.

Q. Benefit Administrator Guide

We will provide you with a Benefit Administrator Guide, which provides details related to how your plan is administered and your responsibilities as a benefit administrator.

R. Member Communications and Campaigns

We may send CMS required or Florida Blue member communications without your consent. Samples of all required materials are available upon request for informational purposes.

We may also contact Covered Persons by telephone regarding any Florida Blue campaign and any campaign approved by the Florida Office of Insurance Regulation and/or CMS, as applicable. We will notify you of the campaign prior to making contact with members.

12

99

S. COBRA

You are solely responsible for determining when individuals are eligible for coverage under a Medicare Plan pursuant to the Consolidated Omnibus Budget Reconcil iation Act ("COBRA"). You will notify us promptly of any COBRA elections. For more information on your COBRA responsibilities refer to the Benefit Administrator Guide.

* * * * * * *

In consideration of the payment of Premiums when due and subject to all of the terms of this Agreement, Blue Cross Blue Shield of Florida, Inc. hereby agrees to provide each enrollee of Indian River County BOCC the benefits of this Agreement as set forth in the attached Evidence of Coverage beginning on each enrollee's effective date.

The Group has selected the fo llowing plan and premium:

BlueMedicare Group PPO*Pian 1 ---$379.99

The Group's Agreement is effective as of October 1, 2014.

IN WITNESS WHEREOF, the parties have executed this Agreement as of _ _ ___ _

Blue Cross Blue Shield of Florida, Inc.

By: (Signature) Name:

Title:

Lynn Esposito (Please Print or Type) Vice President, Sales Operations

13

Indian River County BOCC

By: (Signature) Name:

Title: (Please Print or Type)

APPROVEDASTOFORM AND LEGA.L ~NCY

eve DYLAN REINGOLD

QGidNTY ATTORNEY 100

1 ·tc?UIA:tBUfe rt\{i} In the pursuit of health'

Indian River County Board of County Commissioners

2014 BlueMedicare Group PPO* Health Benefits ~~--.-' 7.-.::-:-~, .. _ _..,._.___..--~------- - -.. -... --~·::7·_............. ...... ......... --..... "":' .~---- --- ... ......... -~~---

Benefits ··'··- · · . " · · : . ' · ... .'! BlueN!!~-~!_ou_p_p~O*Pia[~1.·~- · .. -· . ~~-.:. ·· .. · .--- - -·-····~·· ...... . ,

Premium (per member, per month) $379.99

Deductible $0 In-Network I $1,000 Out-of-Network

Out-of Pocket Max $1,000 In-Network I $3,000 Out-of-Network.

In-Network out-of-pocket max accumulates toward Out-of-Network out-of-pocket max .

.-P.~-y,~d~~iroffi~~-~:·:;;~~rs~~-~~-,:_.·~: ·:n:~:'?:z;T7'7.:I:r~·:;;_~:~·~·~,,,~:_~;=>:\:~'~,~~~;\ ::: .. · ~~::,:t~i

Primary Care (per visit) In-Network $1 0 co pay Out-of-Network CYD & 20%

Specialist Care (per visit) In-Network $30 copay Out-of-Network CYD & 20% -

e-visit In-Network $5 capay Out-of-Network CYD & 20%

Convenient Care Center In-Network $30 capay Out-of-Network CYD & 20%

Podiatry Services (per visit) In-Network $30 capay (Routine foot care up to 6 visits per year) Out-of-Network CYD & 20%

Chiropractic Services (per visit) In-Network $20 capay For each Medicare covered visit (manual Out-of-Network CYD & 20% manipulation of the spine to correct subluxation)

Outpatient Mental Health Care (per visit) In-Network $35 copay For individual or group therapy Out-of-Network CYD & 20%

Outpatient Substance Abuse Care (per visit) In-Network $35 co pay Out-of-Network CYD & 20%

1-· Part B drugs (including Chemotherapy) In-Network 20% coinsurance

Office visit or facility co pay may apply

Out-of-Network CYD & 20% coinsurance Office visit or facility charges may apply

Allergy Injections In-Network $5 co pay Out-of-Network CYD & 20%

_ot;w·;-s;~yc·;;;~ ·'_--.~·~-::-~~-.:,..;~~:-,. ~·~-~~-~--: ~~7,....'"'7'"'-.::~:: _: :'":· .r·.:: {-.- -"""""7~:.: .;~-~

Outpatient Surgery In-Network

• $150 copay for each outpatient hospital facility visit

• $1 00 co pay for each visit to an ambulatory surgical center

Out-of-Network CYD & 20%

Y0011_31917 0913R2 EGWP C: 09/2013 1

101

FttJj/itaa Blttte In t he pursuit of health'

. ~ . ~ ,..,:";"7'~ ... ~;""1' -tr; ~-,..,.-~~~~~- . . . - ~\ .. ~ ':"""~--.----~~-~--~

Beoerns )/:'; ·. - ~· .. ·· ·- -: . .- - .. _·, :~~~ ~:>.:. :_::.1 Slu~~edieare ~ro~p .. Pf'Q* ~~~~)f · ·" ·· ::•~ --·-: .

Diagnostic Tests, X-Rays Office

IDTF

Lab Services Independent Clinical Lab Outpatient Hospital

Advanced Imaging (MRI, MRA, Cat Scan, Pet Scan & Nuclear Med):

Office

IDTF

Outpatient Hospital

Outpatient Hospital Services (per visit):

• Occupational Therapy, Physical Therapy, Speech & Language Therapy, Cardiac and Pulmonary Rehab

• Radiation • Dialysis • Lab only • All other Diagnostic Tests, X-Rays

Advanced Imaging, etc.

In-Network I Out-of-Network • $0 capay for Physician Services

In-Network • PCP $10 capay • Specialist $30 capay

Office visit copay may apply Out-of-Network CYD & 20%

In-Network $50 copay Out-of-Network CYD & 20%

In-Network $0 copay In-Network $15 copay Office visit or facility copay may apply Out-of-Network CYD & 20%




In-Network

$30

$50 20% $15

$150

Out -of-Network

CYD & 20%

CYD & 20% 20%

CYD&20% CYD&20%

Urgently Needed Care In-Network I Out-of-Network $30 copay (This is not emergency care, and in most cases is out of the service area.)

Emergency Services In-Network I Out-of-Network $50 capay Worldwide coverage

Dental- Medicare approved (No Preventive) In-Network $30 capay Out-of-Network CYD & 20%

Y0011_31917 0913R2 EGWP C: 09/2013 2

102

r:trnhl/vlla Blue · ~. V In the pursuit of health·

:· a.~ri;t_t~ :.:' .. :/ 7;~T,: ~:· .': .. : ',\~·, '.\: .··.~.~'t:.:; ._ ·. · ~tu~rf1:;dic~re .Gr~tiP~a,~ P.aari7' ·:;r; :::·&W: Home Health In-Network I Out-of-Network $0 capay

1-------------- --·- - - -+---- - - --- -----------l Ambulance In-Network I Out-of-Network $150 co pay for

Medicare-covered ambulance services r-~~~~~-..... ~----. - -...-:-'-""' ______ ... _ . ,- .... _ ..... ~~~"';"~"~ --;-~~ . . ··· .· . ., =--~~~_,..,.......,.--~""~

OutP.~!~~dl<?al S~~ice~ and -~pl,tes. ·. ~:. 1. . · /, .· · · · · . :.'< · .. ~ : · >: · ... ,; x ~<.~~ · · __ ... ·. .: ~ < .. ·

Durable Medical Equipment/Diabetic Supplies • Diabetic Supplies (glucose meters, test In-Network $0 capay

strips and Lancets) - needles, syringes Out-of-Network CYD & 20% and insulin for self-injection is covered under your Part D benefit

• Equipment: Electric customized wheelchairs, electric scooters

• All other Medicare-covered durable medical equipment

Prosthetic Devices

Outpatient Rehabilitation - Office or Free Standing Facility Services:

• Occupational Therapy • Physical Therapy • Speech and Language Therapy • Cardiac and Pulmonary Rehab

In-Network 20% coinsurance Out-of-Network CYD & 20%

In-Network $0 co pay Out-of-Network CYD & 20%

In-Network $0 capay for Medicare-covered items Out-of-Network CYD & 20%

In-Network $30 co pay for each visit Out-of-Network CYD & 20%

• Dialysis In-Network/Out-of-Network 20% coinsurance

Outpatient Rehabilitation - Outpatient Hospital Services:

• Occupational Therapy • Physical Therapy • Speech and Language Therapy • Cardiac and Pulmonary Rehab

In-Network $30 capay for each visit Out-of-Network CYD & 20%

~~t~~-"~-~7¥::-_~:~~·s,;;;·~_~(: .-- : .; .. · ~; ~~~~: -~ . : ,~::' .· ,:. ·:_y~;t> Inpatient Hospital Care In-Network (includes Substance Abuse) • $150 capay each day for day(s) 1-7

Inpatient Mental Health Care (may also include Substance Abuse)

Y0011_31917 0913R2 EGWP C: 09/2013

for a Medicare-covered stay in a network hospital

• After the 71h day, the plan pays 100%

of covered expenses per stay.


In-Network • $200 capay each day for day(s) 1-7

for a Medicare-covered stay in a network psychiatric hospital

• For day(s) 8-90, $0 capay for

3

103

r~kffa,Btue ·~ In the pursuit of health'

13eneflts BIUeMedlcare Grou_IJ_ PPO .. · Plan 1

Medicare-covered stay in a network psychiatric hospital

190-day lifetime limit in a psychiatric hospital


Skilled Nursing Facility In-Network (in a Medicare-certified skilled nursing facility) • $0 copay each day for days 1-20 per

benefit period

• $75 copay each day for days 21-1 00 per benefit period

There is a limit of 100 days for each benefit period

3-day prior hospital stay is not required


Hospice Member must receive care from a Medicare-certified hospice

~f:r~e~~r~~;;_~~~~·~,0;::~_7-~r-~~~:::· · · -~·:::~::-~2C 0.~~-;r_·~.,:-_· _-T}/.~~:~1~~ :7-~7~::~~,-~,?):::,y~":~ Annual Screening Mammograms In-Network: (for women with Medicare age 40 and older) • $0 copay for Medicare-covered

Screening Mammogram Out-of-Network CYD & 20%

Pap Smears and Pelvic Exams In-Network: (for women with Medicare) • $0 copay per Pap smear

• $0 copay per pelvic exam Out-of-Network CYD & 20%

Bone Mass Measurement In-Network: (for people with Medicare who are at risk) • $0 copay for each Medicare-covered

Bone Mass Measurement Out-of-Network CYD & 20%

Colorectal Screening Exams In-Network: (for people with Medicare age 50 and older) • $0 copay for Medicare-covered

Colorectal screening exam Out-of-Network CYD & 20%

Prostate Cancer Screening Exams In-Network: (for men with Medicare age 50 and older) • $0 copay for Medicare-covered

Prostate Cancer Screening exam Out-of-Network CYD & 20%

Vaccines- Medicare covered In-Network I Out-of-Network

• $0 copay for Influenza vaccine

• $0 copay for Pneumococcal vaccine

• $0 copay for Hepatitis B vaccine ~:-----,, ..... ... - ........ ;-·"":'·~- ... --.... . --: - ~ ·-,--~- .. .. .. --···-~·--. --·-. --:-----;-:-·::::"'" \-..-:::..~:~'. · ·:.: .·-.:. _ .... ~--~-~~---::-~~:-·.~·-;::._'.""'7_,:--

Health & WeJJness Benefit ;' ·· .: · .--: ·.,· :· ,, ,:. ~::~· · .· .-:.,_· .. '· ·;,: :, \~, - : - :. _·"';~/·,,"'. :. :\,'_ :;~~:-~· .. ·-., ·. : "' ' > , ', • ". "'' > ' • " ._ ""< • · ·•"O• " ~ ' " ·, ' !"' ~· , I• • - • , . " ; ' i' ,; .... " •:, ; ' -' ~ "1.~ • ' I ..,

Fitness Free membership through SilverSneakers

Y0011 _31917 0913R2 EGWP C: 09/2013 4

104

In the pursuit .of health·

* BlueMedicare Group PPO out-of-pocket maximum includes all covered health services member cost share rendered in/out of network on a calendar year basis. Supplemental services and Part D costs are not applied to out-of-pocket maximum.

Medicare Part B- the premium provided under this plan excludes the Medicare Part B premium payments. (Members must continue to pay the Medicare Part B premium unless paid by Medicaid or another third party.)

Florida Blue is a PPO Plan with a Medicare contract. .

Y0011_31917 0913R2 EGWP C: 09/2013 5

105

r~~ E~~e -&~ (I In the pursuit of health ·.

Iridian River County Board of County Commissioners

2014 BlueMedicare Group Rx·

.-"'"':-!~ ~ ~ ... ;7.~~~·:-r=_--,-. ;r-::---:-~~~7.!'-_,...._., --;:.,~:;~-:--· _ ... ~~J ..... ,·-=--~ ~ --7--::.-•~ .... -. -:-:: ~~--'1""""!"..-·:~''t.}•"'- .. -=-~~-- --~~tsC' : ·~ .. : .. .. ··" ·'' .' ·....;__: ~ BlueMI>dfgre Grou..11_ ~ Of!liOit 1-.

-~ -~- 8olo. , • , ... - .-- -~

f!~!!li~_f!_l _____ __________________________ ~----··- _!_nclu_~ed __ tn PP01 Plan Offer ----- - ·---Deductible $0 Retail

l

------ ------~--~!-d~_y_~upply ·- -- -- - ---- --

Tier 1 - Preferred Generics $10 --~-------·--------------------- ------ - ------ -Tier 2- Non-Preferred Generics $10 - - - - -Tier 3- Preferred Brand ... !~------------··--····--·------·····------------ ·-----~-----··---·--·--·-·-"• -----···· Tier 4 - Non-Preferred Brand $70

~=~~1-r!Z~ci§Jty Drug~-----·----·-----+-~~~ay s~ppiy-with PRIME Mail Order-- --- I -

Tier 1 - Preferred Generics $0 Tier 2 - Non-Preferred Generics $0 Tier 3 - Preferred Brand $80 Tier 4 - Non-Preferred Brand $140

,__}ier_1 _: __ ~~-~!§.!!l_ Drugs 25% ···----------·--·------ - ---··--- ---·--·---- - -- --- - -Formulary Type Added coverage for selected CMS excluded drugs. Generic

& multi-source brand prescription drugs will be covered for the following categories:

• Cough

• Cold -

Gap 31-day Supply Tier 1 - Preferred Generics ' $10 Tier 2 - Non-Preferred Generics $10 Tier 3 - Preferred Brand $40 Tier 4 - Non-Preferred Brand $70 Tier 5 - Specialty Drugs 25% Catastrophic Greater of $2.55 or 5% I Greater of $6.35 or 5%

* Florida Blue is an Rx (PDP) Plan with a Medicare contract.

Prescription drug copays do not accumulate towards the health plan calendar year out-of-pocket maximum.

* Part D Creditable Coverage - The enrolling member may incur late enrollment penalties as defined and set by CMS in accordance with Part D guidelines if prior creditable coverage cannot be proven.

Y0011_31964 0612 EGWP C: 06/2013

106

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

CONSENT

TO: Joseph A. Baird, County Administrator

THROUGH: Christopher R. MorSE':, Public Works Director and Vincent B~.E. Utility Director ~

FROM: W. Keith McCully, P.E., Stormwater Engineer~ SUBJECT: APPROVAL OF RELEASE OF RETAINAGE FOR GFA WORK ORDER

#GFA-3 for OSPREY MARSH STORMWATER PARK



On September 10, 2013, Indian River County approved Work Order No. GFA-3 with GFA International for geotechnical services for construction of Osprey Marsh Stormwater Park. The geotechnical services are complete and this Agenda Item is a request to release retainage held from previous payments to GFA. All work related to the requested retainage release has been performed by GFA and accepted by the County. The retainage amount is $2,095.61.

ANALYSIS

Alternative 1-Approve the release of retain age requested in the attached invoice.

Alternative 2 - Reject the release of retainage requested in the attached invoice.

FUNDING

The release of the $2,095.61 retainage will be paid from Retainage - GFA International: Account Number 471-206001-12502.

F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items \Agenda - Consent- Release of Retainage for GFA WO #GFA-3.doc

107

Egret Marsh Stormwater Park BCC Meeting- January 7, 2014- CONSENT December 30, 2013

RECOMMENDATION

Staff recommends the Board of County Commissioners: 1. Approve Alternative 1, release of retainage due GFA International.

ATTACHMENTS

1. Invoice from GFA International requesting referenced release of retainage.

DISTRIBUTION

1. Christopher R. Mora, P.E., Public Works Director 2. Vincent M. Burke, P.E., Utility Director 3. Budget 4. County Attorney Office


FOR: February 17. 2015 Indian River Coun

B~~·cfru4 Administrator

Bud et

Lea!

Public Works

Stormwater Engineering

Utility Department

F:\Public Works\KeithM\Stonnwater Projects\PC South Construction\Agenda Items \Agenda -Consent- Release of Retainage for 1 O_ 8 GFA WO #GFA-3.doc

'

BILL TO

INDIAN RNER COUNTY Attn: Storm Water Dept. 180 1 27th Street Building 'A' V ero Beach, FL 32960

f-h.ndil s Lc~duu: hHJiiiHi'1nn !'101l l t e ~uKe Hf:Sli

DESCRIPTION

Retainage Inv 176910 Retainage Inv 177859 Retainage Inv 1 78703 Retainage Inv 180775 Retainage Inv 182502 Retainage Inv 183588 Retainage Inv 183672 Retainage lnv 184430 Retainage Inv 185414 Retainage Inv 1 86270 Retainage Inv 187171

GFA INTERNATIONAL 1215 WALLACE DRIVE

DELRAY BEACH, FL 33444 PHONE: 561-347-0070

Additional Locations: Ft Myers: 239-489-2443 Port St. Lucie: 772-924-3575

Miami: 305-945-1990 www.teamgfa.com

PROJECT NAME

DATE

1/3/2015

PC South Algal Nutrient Removal Facility 1225 Southwest 5th Street

P.O. NO.

Vero Beach, Indian River County, Florida GF A Proposal # 12-0982.08

TERMS DUE DATE

Net 30 2/2/2015

QTY RATE

1 323.50 1 164.06 1 193.75 1 140.50 1 236.50 1 36.00 1 314.43 1 257.75 1 191.62 ] 213.50 1 24.00

GF A appreciates your business. For your convenience we accept EFT's and Credit Cards for payment. Total

Balance Due

Invoice INVOICE#

188969

PROJECTID#

12-0982.08 PC Sout...

AMOUNT

323.50 164.06 193.75 140.50 236.50

36.00 314.43 257.75 191.62 213.50

24.00

$2,095.61

$2,095.61

For a nominal fe e, GFA accepts credit card payments. Return your invoice with your credit card number, expiration date, and amount to be paid and we will process immediately. A 1.5% Per

Month Late Fee Will Be Added To All Past Due Invoices. 109'

CONSENT AGENDA INDIAN RIVER COUNTY

INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET

TO:

DATE:

FROM:

February 9, 2015

Jason E. Brown Director, Office ofM

SUBJECT: 2015/2016 BUDGET RKSHOP/HEARINGSCHEDULE

Description

Presented below are selected dates for the 2015/2016 budget workshop and the tentative and final budget hearings.

Budget Workshops: Budget Packet distributed to the Board of Commissioners Friday, July 10, 2015

Scheduled Budget Workshop Wednesday, July 15, 2015

Thursday, July 16, 2015 (as needed)

Budget Hearings:

Public Hearing on Tentative budget and proposed millage rates

Thursday, Sept. 10,2015 at 5:01p.m.

Final Budget Hearing to adopt budget and millage rates Thursday, Sept. 17, 2015 at 5:01p.m.

Note: The tentative and final budget hearing dates are preliminary in nature. Once the Indian River County School District sets the dates for their budget hearings, we may need to change these dates to ensure they do not conflict.

Recommendation

Staff recommends that the Board of Commissioners approve the budget workshop dates and the dates for the budget hearings for the 2015/2016 budgets.

APPROVED AGENDA ITEM: Indian River Coun

Administrator

FOR: February 17, 2015

110

TO:

FROM:

DATE:

RE:

COI\'SENT ITF.;\·[

Joseph A. Baird County Administrator


DEPARTMENT HEAD CONCURRENCE:

Stan Boling, ATCP Community Developm .n~ irector

Roland M. DeBlois, AICP ~ Chief, Environmental P lanning

February 10, 2015

Approval of State Sovereignty Submerged Lands Fee Waived Lease 5-Year Renewal for Boat Club Island (Spoil Island IR-25)

ZL

It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of February 17, 2015.


Boat Club Island, also known as Spoil Island IR-25, is located in the Indian River Lagoon west of the Intracoastal Waterway Channel, approximately one-half mile north of Grand Harbor Marina. The island is owned by the State Board of Trustees of the Intemal Improvement Trust Fund (BTIITF).

In March 2010, the Board of County Commissioners approved a five-year "Sovereignty Submerged Lands Fee Waived Lease" with the State for use and maintenance of the southem portion of the island. In June 2013, the Grand Harbor Community Association, Inc. (GHCA) expressed an interest in partnering with the County to repair and maintain docks and other facilities on the island. As a result, the Board entered into a separate but related agreement with GHCA to reflect that partnership. The GHCA agreement is worded to run concurrent with the State submerged lands lease.

The Boat Club Island sovereignty submerged lands lease is now up for renewal. To that end, attached is a copy of the lease renewal document for the Board's approval consideration.

ANALYSIS

As reflected in the lease renewal (and in the previous lease), public access docks on the island (once repaired) are to be used "exclusively for temporary mooring of recreational vessels in conjunction with an upland public recreational area on spoil island IR25." This past December, the Board approved a contract with Summerlin's Marine Construction, LLC to repair the docks for use consistent with the lease. Repair ofthe docks is expected to be completed this winter/early spring.

1

111

The lease renewal is a "fee waived" lease, which reflects public use and forgoes an annual lease fee that would otherwise be charged by the State. Although there is no annual lease fee associated with the proposed five-year renewal, there is a "one-time" administrative processing fee of $619.00 charged by the State for the five-year lease renewal.

Cost and Funding

As previously indicated, the lease renewal will result in no annual lease fee. The State administrative processing fee of $619.00 for the five-year lease renewal is proposed to be paid from budgeted Parks Division funds, Account No. 00421072-034970.

RECOMMENDATION:

Staff recommends that the Board of County Commissioners approve the attached sovereignty submerged lands fee waived lease renewal for Boat Club Island (Spoil Island ffi.-25), and authorize the Board Chairman to sign the lease on behalf of the County.

ATTACHMENT:

1. Sovereignty Submerged Lands Fee Waived Lease Renewal (including attachments)

APPROVED:

FOR: February 17, 201 5

BY,Or.l2Jldr.h l ~ r (' I . R .County Admin . Legal Budget Dept . Risk Mg r .

M:\MANWAC\Boat Club lsland\Boat Club Jsland submerged land lease renewal BCC item 2-17- JS.doc

2

ApprJ! v~)J. Date

I t:JJ .).f}.;l../ J' t../14 r '1-111 'L< r 1lilllf'J

~/,f. $} ~lhf7f' ::"""' ~·-

112

This Instrument Prepared By: Christopher Bass Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA

SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL

BOT FILE NO. 310345813

THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of

Florida, hereinafter referred to as the Lessor.

WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all

terms and conditions stated herein, the Lessor does hereby lease to Indian River County, Florida, hereinafter referred

to as the Lessee, the sovereignty lands described as follows:

A parcel of sovereignty submerged land in Section(s) .U, Township 32 South, Range 39 East, in Indian River, Indian River County, containing 40,846 square feet, more or less, as is more particularly described and shown on Attachment A, dated December 3. 2009.

TO HAVE TI:IE USE OF the hereinabove described premises for a period of~ years from January 25. 2015, the

effective date of this lease. The terms and conditions on and for which this lease is granted are as follows:

1. USE OF PROPERTY: The Lessee is hereby authorized to operate three public access docks to be used exclusively for temporary mooring of recreational vessels in conjunction with an upland public recreational area on spoil island IR25, without fueling facilities, without a sewage pumpout facility, and without liveaboards as defined in paragraph 25 as shown and conditioned in Attaclunent A. All of the foregoing subject to the remaining conditions of this lease.

2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection Environmental Resource Permit. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi-family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.); (ii}change activities in any manner that may have an envirorunental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of .the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment A without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011 (1 )(b )7 ., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, FloridaAdministrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease. [0229)

ATTACHMENT l 113

3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 3 0 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(31), Florida Administrative Code. The submitted financial records shaJl be certified by a certified public accountant.

4. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above.

5. MAINfENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor.

6. PROPERTY RIGHTS: The Lessee shall make no claim oftitle or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, includingbut not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re-sold.

7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b ), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment A. and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act.

8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect.

9. INDEMNIFICA TIONIINVESTIGA TION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims.

10. NOTICES/COMPLIANCE!fERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all ofthe above-described parcel ofland shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address:

Page 2 ofll Sovereignty Submerged Lands Lease No. 310345813

ll4

Indian River County, Florida 1801-271h Street Vero Beach, Florida 32960

The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (1 0) days before the change is effective.

11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease.

12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly pennit or suffer any nuisances or illegal operations of any kind on the leased premises.

13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time.

14. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease tenn, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the tenn of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.

15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the saine inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches.

16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate.

17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affinnative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment 8,, which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest.

18. REMOVAL OF STRUCTIJRES/ ADMINISTRATIVE FINES: Ifthe Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 10 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines.

Page 3 of 11 Sovereignty Submerged Lands Lease No. 310345813

us

19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment£\. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law.

20. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor.

21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) thelocation or size of the lift does not increase the mooring capacity of the facility.

22. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the. boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement.

23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands.

24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor.

25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (1 0) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence.

26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within anothe~ state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships.

Page 4 ofll Sovereignty Submerged Lands Lease No. 310345813

ll6

27. SPECIAL LEASE CONDTION{S)

A. Mooring between the hours of midnight and 5:00a.m. is prohibited. Mooring at this facility is temporary and transient in nature. This facility shall be made available to the general public on a first come, first served basis each day when the facility opens.

B. During the term of this lease and all subsequent renewal terms, Lessee shall maintain permanent manatee educational signs that provide information on the mannerisms of rna11atees and the potential threat to this endangered species from boat operation and shall be required to replace the signs in the event they become faded, damaged or outdated. Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures. The number, type, and procedure for installation of these signs shall be in accordance with the handout, "Manatee Educational Signs," which can be obtained from the Florida Fish a11d Wildlife Conservation Commission, Imperiled Species Management Section, 620 S. Meridian Street- 6A, Tallahassee, Florida 32399-1600 (phone 850/922-43330). -~------------------~

Page 5 of11 Sovereignty Submerged Lands Lease No. 310345813

ll7

WITNESSES:

Original Signature

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA

(SEAL)

BY: ----------------------------------------Print/Type Name of Witness

Original Signature

Print/Type Name of Witness

STATE OF FLORIDA COUNTY OF LEON

Cheryl C. McCall, Chief, Bureau of Public land Administration, Division of State U!nds, State ofFlorida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida

"LESSOR"

The foregoing instrument was acknowledged before me this day of , 20____, by Cheryl C. McCalL Chief. Bureau of Public Land Administration. Division of State Lands. State of Florida Department of Environmental Protection, as agent for and on behalf of the Board ofTrustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me.

APPROVED SUBJECf TO PROPER EXECUTION: Notary Public, State ofFJorida

DEPAttomey Date

Printed, Typed or Stamped Name

My Commission Expires:

Commission/Serial No. ______ ___ _ __ _

Page 6 of II Sovereignty Submerged Lands Lease No. 310345813

118

WTINESSES: Indian River Countv. Florida (SEAL) By its Board of County Commissioners

Original Signature BY:.~~~~--~~--------------------

Original Signature of Executing Authority

Wesley S. Davis Typed/Printed Name of Witness Typed/Printed Name of Executing Authority

Chairman Original Signature Title of Executing Authority

Typed/Printed Name of Witness "LESSEE"

STATE OF ______ _

COUNTY OF _________ __

The foregoing instrument was acknowledged before me this day of 20 __ , by Wesley S. Davis as Chairman, for and on behalf of the Board of Countv Commissioners of Indian River County. Florida. He is personally known to me or who has produced , as identification. My Commission Expires:

Signature of Notary Public

Notary Public, State of ____________ _

Commission/Serial No. ______ _ Printed, Typed or Stamped Name

APPROVED AS ~

ANflF7ZfF~ BY~.~~,.llAAA.._....,..L __ _

DEPUTY COUNTY ATTORNEY

Page 7 ofll tl9 Sovereignty Submerged Lands Lease No. 310345813

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SITE LOCATION LAlmJOE 2T42'07.83" I..ONCITIJDE 81123'36..29"

LOCATION MAP RIOlUR QUADRANGlE Ul82

'-'-----·u-~ CERTIFIED TO:

~

1. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE SfATE OF FLORIDA

~ ~ ~ ~ ~

SOVEREIGNTY LAND LEASE AREA LEGAL DESCRIPTION (PER SURVEY)

COMMENCE AT A 4"x4" CONCRETE MONUMENT WITH IRON PIPE MARKING THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 39 l EAST, SAID POINT l. YING ON A PARCEL OF LAND CLOSE TO THE EASTERN ~ SHORE OF THE INDIAN RNER WITHIN THE CITY LIMITS OF INDIAN RIVER I SHORES, FLORIDA, AND RUN N43' 23' 15"W, ACROSS THE INDIAN RIVER. A ! DISTANCE OF 5,673.61 FEET, MORE OR LESS, TO A POINT ON THE " APPROXIMATE MEAN HIGH WATER LINE OF THE: SOUTHERLY LIMITS OF SPOIL I ISLAND "IR25", SAID POINT BEING THE POINT OF BEGINNING; THENCE ! FOLLOWING ALONG THE SAID APPROXIMATE MEAN HIGH WATER LINE OF SAID I SPOIL ISLAND "IR25", RUN S72'30'38"W, ALONG THE SAID APPROXIMATE MEAN HIGH WATER LINE, A DISTANCE OF 30.28 FEET, MORE OR LESS, TO A POINT; : THENCE CONTINUING ALONG SAID APPROXIMATE MEAN HIGH WATER LINE, RUN a S87'46'00"W A DISTANCE OF 23.44 FEET, MORE OR LESS TO A POINT; ' THENCE, LEAVING SAID APPROXIMATE MEAN HIGH WATER LINE', RUN I S59'16'02•W A DISTANCE OF 188.72 FEET TO A POINT; THENCE RUN N30'43'58"W A DISTANCE OF 118.99 FEET TO A POINT; THENCE RUN N59'16'02''E A DISTANCE OF 110.51 FEET, MORE OR LESS, TO A POINT ON THE APPROXIMATE MEAN HIGH WATER LINE .OF SPOIL ISLAND •tR25"; THENCE !

. RUN N59'38'03"E, ACROSS SPOIL ISLAND •IR25", A DISTANCE OF 242.13 i ~ FEET, MORE OR LESS, TO A POINT ON THE APPROXIMATE MEAN HIGH WATER 1 i5 LINE OF SAID SPOIL ISLAND "IR25H; THENCE RUN ALONG THE SAID iJ

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APPROXIMATE MEAN HIGH WATER LINE OF. SPOIL ISLAND "IR25" THE l. FOLLOWING 4 (FOUR) BEARINGS AND DISTANCES: RUN S10'45'15"E A DISTANCE OF 98 .. 45 FEET, MORE OR LESS, TO A POINT; THENCE RUN S05'42'13"E A DISTANCE OF 40.95 FEET, MORE OR LESS, TO A POINT; THENCE RUN S46'34'02"W A DISTANCE OF 19.39 FEET, MORE OR LESS, TO A POINT; THENCE RUN S57'05'50''W A DISTANCE OF 44.00 FEET, MORE OR I LESS, TO THE POINT OF BEGINNING. II CONTAINING 40,845.95 SQUARE FEET, MORE OR LESS, OR 0.94 ACRES. ! NOW LYING IN INDIAN RIVER COUNTY. 5

2. INDIAN RIVER COUNlY BOARD OF COUNlY COMMISSIONERS SEE SOVEREIGNTY LAND LEASE AREA SKETCH-SHEET 2 OF 4

SEE TABULATIONS-SHEET 3 OF 4 l CERTIFICATION SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE

4-fJ.v,Laa-%:< 1<-l?.>lcs. lllCHAEL 0 BRIEN P.S.M., C.F.M. DATE FLORIDA REGISTRATION NO. 61 18 INDIAN RIVER COUNTY SURVEYOR

SEE DOCK DETAILS-SHEET 4 OF 4

NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH .f. AS CREATED

lHIS IS NOT A BOUNDM't' SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION

PREPARED BY INDIAN RIVER COUNlY ENGINEERING OMSION-SURVEY SECOON

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~JAN RIVER COUNTY AOhiiNISTAATION BUI\.01 11!01 Zmi ST!IEET

VERO 9£ACH, ft 3::Z91l0 (772) 067-8000

INDIAN REVliR COUNIY DEPARTMENT OF PUBUC WORKS

ENGINEERING DIVIS/ON

oru..w11J:RoACH SECTION 13 APPRMO BT; TOWNSHIP 32S

M. O'BRIEN RANGE 39E

SKETCH AND DESCRIPTION OF ISH; SOVEB.EION7Y LAND lEASE

BOATClUBIS!AND(SPOJllSLAND "11<25") 0

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SOVEREIGNlY LAND LEASE AREA SHOREUNE CONDffiON: 1, IWIIfW. lliWLY ll'f'ECim WID S/!OAWIIE. INCWOES No\TIYE Nih NOH-No\'JM: ~AnoN. ~. NO w.HIIADf: .- COHTllOl ITA~ OIISfJIYED 01< ENI1RE ISI.ANO. 3. Ul't.NIO SHORE1K-.21.U 1J11EN1 fUT,

SOVEREIGNTY LEASE AREA 0.94± ACRES

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APPROXIMATE MEAN HIGH WATER LINE

SPOIL ISLAND IR25 (A.K.A. BOAT CLUB ISLAND)

TIITF SOVEREIGNTY LANDS

f.R.C. TAX f.D. PARCEL 32-39- 13-00000-3000-00001 .0

c "'"""" '' '"""' "'""" "" "" INDIAN RIVER COUNTY LEASE AREA TO ~ REMAIN UNDER STATE MANAGEMENT )

APPROXIMATE MEAN HIGH WATER LINE

1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON.

2. THIS SKETCH AND DESCRIPnON MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL STANDARDS AS ESTABUSHED IN CHAPTER 6 1G17-6, FLORIDA ADMINISTRATIVE CODE.

3. THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, OR RIGHT-OF-WAYS NOT SHOWN AND MAY BE FOUND IN THE PUBLIC RECORDS. THE PUBLIC RECORDS.

4. THIS IS NOT A BOUNDARY SURVE:Y. THE SPECIFIC PURPOSE OF THIS SKETCH WAS TO DELINEATE THE AREA OF SPOIL ISLAND !R25 AND LEASE AREAS TO INDIAN RIVER COUNTY. .

5. GRID COORDINATES AND BEARINGS SHOWN HEREON ARE IN FEET, AND ARE BASED ON THE FLORIDA STATE PLANE COORDINATE sYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, 1990 ADJUSTMENT. BEARINGS ARE BASED ON A LINE BETWEEN THE S.E. CORNER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND IRC ~ 1 (A 30" LONG #5 IRON ROO & CAP, "IRC REF PNT", SET DN SPOIL ISLAND IR25). SAID LINE BEARING N4Y 17'56"W A DISTANCE Of 5689 .59'.

6. THIS SKETCH AND DESCRIPTION IS BASED ON THE SURVEY or SPOIL ISlAND IR25 BY INDIAN RNER COUNTY, PROJECT #0905, DATED OCTOBER 2a, 2009, AND RE.\'ISED ON H<MWBER 24, 2009.

~ APJ-'Hf'JX/di.A 7E NOR Til

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SEE TABULATION-SHEET 3 OF 4 ~

SEE DOCK DETAILS-SHEET 4 OF 4 I

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------ LEGEND & ABBREVIATIONS I.D."'IOENTIFICATION LR.C.=INDIAN RIVER COUNTY LSO=LINE TABLE IDENTIFICATION NUMBER P.O.B.- POINT OF BEGINNING P.O.C.=POINT OF COMMENCEMENT TIITF""TRUSTEES OF THE INTERNAL

IMPROVEMENT TRUST FUND <J) =VERTEX

NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 4 AS CREATED

THIS IS NOT A BOUNMRY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPllON

PREPARED BY INDIAN RIVER COUNTY ENGINEERING DMSION-SURVEY SECTION

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NOlAN RIVER COUNl'f ADMINISTRATION BUILOIN 1801 27TH STREET

VfRO 8£ADi, Fl. 32960

INDIAN RIVER COUNTY DEPARTMENTOFPUBl/C WVRK.S"

ENGINEERING DIV/.<>70N

DRAWN. av, B. ROACH

APPROVED ev,

SECTION 1.1 TOWNSHIP J2S

SKETCH AND DESCRIPTiON OF SOVEREiGN LAND l£45£

BOA.TCLUBISLAND(SPOJL/SLAND 'l!<25")

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SOVEREIGNTY LAND SOVEREIGNTY LAND LEASE AREA COORDINATE TABLE LEASE AREA LINE TABLE

Verte)( Northing Eo sting LINE f BEARING DISTANCE

1 1224519.04 852693.74 L1 S72.30'3B''w 30.28' 2 1224509.94 852664.86 L2 587'46 oo·w 23.44 3 1224509.03 852641.44 l3 559. 16 '02'"W 188.72' 4 1224412.58 852479.23 L4 N30.43'5B"W 118.99' 5 1224514.86 852418.42 LS N59' 16'02 '£ 1 10.51' 6 1224571.34 852513.41 L6 N59'38 03 E 242.13' 7 1224693.74 852722.32 L7 510.45'15"[ 98.45 8 1224597.02 852740.69

L8 SOS42'1.3"E 40.95 9 1224556.27 852744.76 10 1224542 .. 94 852730.68 L9 546.34 02W 19 .39

L10 ssTos·so"w 44.00'

CONTROL TABLE MONUMENT NORTHING EAST lNG

GPS 1 63-RIOMAR ( 1 992) 1.219,829.050 860,249.380

C.M. (S.E. CORNER SECTION 13) 1.220,395.900 856 59 1. 114 I.R.C. #1 J#5 IRON ROD/CAP) 1 ,224,539.71 0 852, 689. 180

SEE LEGAL DESCRIPTION-SHEET 1 OF 4

SEE SOVEREIGNTY lAND LEASE AREA SKETCH-SHEET 2 OF 4 SEE DOCK DET~LS-SHEET 4 OF 4

CERTIFlCATION SURVEYOR AN D MAPPER IN RESPONSIBLE CHARGE

NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 4 AS CREATED

MICFIAEL-O'BRIEN--P.S.M. , C.F.M. THIS IS NOT A BOUNDARY SURVEY

DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION FLORIDA REGISTRATION NO. 611 8 INDIAN RIVER COUNTY SURVEYOR PREPARED BY INDIAN RIVER COUNTY ENGINEERING · DIVISION--SURVEY SECTION

jNw.N RI\IER COUNTY AOI.IINISTRATION BUILDING 9- INDIAN RfVER COUNTY DRAwN lrt: SECTION JJ SKETCH AND D£SCRJP170N OF B. ROACH 1801 27TH SlREET

DEPARTMENT OF PUBliC WORKS TOWNSHIP .J.?S SOVEREIONTY LAND LEASE VERO BfACH, fL ~2960 JJ'PROVEO BY: (772) 587-8000 /iNGIN££1?/NO DIVI.!>ION M. 02JRI£N RANGE .J9£ BOAT CLUB 1.5'/AND{SPO/L ISLAND "'R25'J

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WOOD DOCK #1 POOR CONDITION

SOVEREIGNTY LAND LE'ASE ARE'A

SEE LEGAL DESCRIPTION-SHEET 1 OF 4 SEE SOVEREIGN LAND LEASE AREA SKETCH-SHEET 2 OF 4

SEE TABULATIONS-SHEET 3 OF 4

-40 40

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SPOIL ISLAND IR25 (A.K.A. BOAT CLUB ISLAND)

VA~T (UNOCCUPIED-PUBUC RECREATIO~AL USE) SPOIL ISLAND-HEAVY VEGETAllON (hiiXEO-AUSTRAIL.Wl PINE, MANGROVE, BRAZILIAN PEPPER, AND aTHER SPECIES)

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DOCK DETAILS

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RE:




Stan Boling, AICP Community Develop .J' t Director

Roland M. DeBlois, AICP 131l:> Chief, Environmental Planning & Code Enforcement

Kelly Buck Code Enforcement Officer

2110/2015

CONSE;'\T ITEM

John and Kari Tench's Request for Partial Release of an Easement at 5821 Bent Pine Drive (Bent Pine Subdivision, Unit 4)

Jt is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting on February 17, 2015.


The County has been petitioned by John Robert Tench and Kari Lee Tench, owners of a lot at 5821 Bent Pine Drive in Unit 4 of Bent Pine Subdivision, for release of a 1 0-foot wide portion of a rear yard 50-foot drainage, utili ty and golf course maintenance easement on the lot. The purpose of the partial easement release request is to allow for construction of a pool deck and screen enclosure (see attached maps).

ANALYSIS

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

RECOMMENDATION

Staff recommends that the Board, through adoption of the attached resolution, approve release of the 10-foot wide portion of the rear yard 50-foot drainage, utility and golf course maintenance easement described in the resolution .

124

JOHN & KARl TENCH Release of Easement Page2

ATTACHMENTS

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

APPROVED:

ease.bccmemo proj ./appl. no. 2014030036/73651

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EXHIBIT 11A11

\ '

\ \ \ \

LOT 4 VACANT 1 0' WIDE UTI LilY

EASEMENT (P)

\ \

7.5 ' WIDE UTILilY EASEMENT (P)

\ \

50' DRAINAGE,\ -UTILiiY & GOLF \

COURSE MAINTENANCE EASEMENT (P)

\

7.5 ' WIDE UTILilY EASEMENT (P)

~ EASTERLY l"". 10 FEET

BENT PINE GOLF COURSE

(PRIVATI)

~.~ ~ ... ~

" \. (!\

~.

PROPOSED RESIDENCE

\

\

·~ o. / y~

50' DRAINAGE, UTILilY & GOLF

COURSE MAINTENANCE EASEMENT (P)

50' DRAINAGE, UTILilY & GOLF

COURSE MAINTENANCE

EASEMENT (P)

¢AI=-~ CARTER ASSOCIATE'S, INC. CONSULTING ENGINEERS AND LAND SURVEYORS

1708 21st STREET, VERO BEACH, FL 32960 TEL: (772) 562-4191 FAX: (772) 562-7180 t--· 11'111 __ ...... _"""_ ..... _~_... ... _ .. ~ .. ·--.. .... ...- ... -~ ........... ,... ....... _ ... -·...-.~----........... --.,.looo',...lool-.. ~..-..-... - · ...... t~ ... ...,-.. ,...-.......... c-_ _

/ / ~7.5' WIDE UTILilY / · EASEMENT (P)

LOT 2 OCCUPIED

\ \ \

DATE : 12117/14 PROJ.f : 14-2Z1S ORAWNBY: SG N'PO. BY : DEL

\ \

PLOT BY : Scolt Gruber flEf. # . 19615-B F. B. & PG. : 7/fTWP/50+

\ \

0 20 40 SCALE; (1 Inch "" 40 Feet)

THIS IS NOT A BOUNDARY SURVEY

SKETCH AND DESCRIPTION

LOT 3, UNIT 4 OF "BENT PINE UNIT 3 & 4" INDIAN RIVER COUNTY, FLORIDA

PARTIAL EASEMENT ABANDONEDMENT

\

\ \

\

\

SHEET

2 OF 2 128

Dwg. #; 19615-A

RESOLUTION NO. 2015 ---

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A PORTION OF AN EASEMENT ON LOT 3, UNIT 4, OF BENT PINE SUBDIVISION UNIT 3 & UNIT 4

WHEREAS, Indian River County has an interest in a drainage, utility and golf course maintenance easement on Lot 3, Unit 4, of Bent Pine Subdivision Unit 3 & Unit 4; and

WHEREAS, the retention of a portion of the easement, as described below, serves no public purpose;

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

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

the easterly ten (10) feet of the westerly fifty (50) foot drainage, utility, & golf course maintenance easement, less and except any portion of the northerly seven and one-half (7. 5) foot utility easement and southerly seven and one-half (7. 5) foot utility easement, of Lot 3, Unit 4, Bent Pine Subdivision Unit 3 & Unit 4, according to the plat thereof recorded in Plat Book 10, Page 80, of the Public Records of Indian River County, Florida.

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

THIS RESOLUTION was moved for adoption by Commissioner _______ , seconded by Commissioner , and adopted on the -~~-day of __________ 2015, by the following vote:

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

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

-----------' 2015.

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA

By: _______ _____ ______ _


ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller

By: Deputy Clerk ATTACHMENT 2

129

RESOLUTION NO. 2015-

ease. bccdoc proj/apl. no. 2014030036/73651

Cc: Applicant:

JOHN & KARl TENCH 1252 SCARLET OAK CIR VERO BEACH, FL 32966

130

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

CONSENT

TO: Joseph A. Baird, County Administrator

THROUGH: Christopher R. Mora, P.E., Public Works Director ~

FROM: W. Keith McCully, P.E., Stormwater Engineer~ SUBJECT: APPROVAL OF RELEASE OF RETAINAGE FOR VARIOUS TASKS OF

WORK ORDER NO. L-1, AND ASSOCIATED CHANGE ORDERS WITH G.K. ENVIRONMENTAL, INC. for EGRET MARSH STORMWATER PARK



On November 16, 2010, Indian River County approved Work Order No. L-1 with G.K. Environmental, Inc. (GKE) for completion of landscaping at Egret Marsh Regional Stormwater Park (Egret Marsh). The work order was necessary due to the County's termination of the original construction contract with H & D Construction Company, Inc. for breach of contract, and due to the performance bond company's failure to act to complete the project in a timely manner. Subsequent change orders were issued to GKE for landscape maintenance and exotic vegetation control services.

This Agenda Item is a request to release retainage held through calendar year 2014 for landscape maintenance and exotic vegetation control services. All work related to the requested retainage release has been performed by GKE and accepted by the County. The retainage amount is $2,058.21.

ANALYSIS

Alternative 1 -Approve the release of retainage requested in the attached invoice.

Alternative 2- Reject the release of retainage requested in the attached invoice.

F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Operation \Agenda ltems\Agenda - Consent- GKE- Release of Retainage 5.doc

131

Egret Marsh Stormwater Park BCC Meeting - January 7, 2014 - CONSENT December 30, 2013

FUNDING

The release of the $2,058.21 retainage will be paid from Transportation Fund/Retainage- G.K. Environmental/Egret Marsh - Account Number 111-206000-05057.

RECOMMENDATION

Staff recommends the Board of County Commissioners: 1. Approve Alternative 1, release of retainage held through calendar year 2014 for

landscape maintenance and exotic vegetation control services performed by GKE.

ATTACHMENTS

1. Invoice from G.K. Environmental, Inc. requesting referenced release of retainage.

DISTRIBUTION

1. Christopher R. Mora, P.E., Public Works Director 2. Budget 3. County Attorney Office


FOR: February 17. 2015 Indian River Coun

Bt~rJ'A.&w4 Administrator

Budget

Legal

Public Works

Storm water Engineering

132

G. K. ENVIRONMENTAL, INC.

Mr. Keith McCully Stormwater Engineer Indian River County 1801 27th Street (Building A) Vero Beach, Florida 32960

Environmental Consulting GEORGE R. K ULCZYCKI, CEC, CES

155 McKee Lane Vero Beach, FL 32960

Office 772-567-9129 Cell 772-913-0294 Fax 772-567-6245

gk:[email protected]

January 29, 2015

RE: INVOICE- Egret Marsh 2014 10% Retainage Invoice #164

Dear Keith,

Per our agreement, please forward payment of $2,058.21 for the 2014 released 10% retainage.

If you have any questions, please do not hesitate to give me a call.

Sincerely,

George R. Kulczycki, President Principal Ecologist

133

?!O Office if Consent 02/17 I 20 I 5

INDIAN RIVER COUNTY


TO:

THROUGH:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners ~

~ Manny Cabo, Telecommunications Manage~,..- .t 1{)__

William K. DeBraal, Deputy County Attorney~

February 10, 2015

Consent to Assignment and Assumption of License by Vertical Bridge Acquisitions, LLC

ATTORNEY

In 1992, the County entered into a License Agreement with Shargo, Inc., for a 3.67 acre parcel of property on Old Dixie Highway at its intersection with the Lateral J Canal. Shargo constructed a 200' radio tower and accessory structures for the benefit of WAX£, an AM rad io station. With the advent of cellular communications, the License has been amended to provide for the installation of cellular antenna arrays on the tower. In 2004, Capstar Radio Operating Company assumed the License from Shargo and the Board agreed to extend the term of the License until October 27, 2022.

In January 2015, Capstar entered into a purchase and sale agreement with Vertical Bridge Acquisition, LLC for the purchase of Old Dixie tower site License along with other Capstar tower sites. As the owner of the property subject to the License, the County has been asked to consent to this transfer and assumption. All of the duties and responsibi lities under the License agreement will be transferred to and assumed by Vertical Bridge. The term of the agreement, license fee and insurance requirements will not change as they will be assumed by Vertical Bridge.

In order to complete the transaction, Capstar and iHeart Radio have asked the County to consent to the transfer by signing the attached consent, which has been prepared by the County Attorney 's Office. The sale is expected to close in the spring of 2015. The County will be notified upon the completion of the transaction. Upon closing, the County will receive an assumption of the License signed by Vertical Bridge.

Funding: There is no funding associated with this item.

Recommendation: The County Attorney's Office recommends the Board approve the consent of the transfer and assumption of the license for the Old Dixie Highway site and authorize the Chairman to execute the Consent to Assumption of License agreement on behalf of the Board.

c: Manny Cabo David Perkel, Esq. Kirkland & Ellis, LLP 300 N. LaSalle Street Chicago, IL 60654 T AGENDA

CONSENT TO ASSIGNMENT, SALE AND ASSUMPTION OF LICENSE

THIS CONSENT TO ASSIGNMENT, SALE AND ASSUMPTION OF LICENSE

(Consent) is made and entered into this_ day of ___ _ _ , 2015 by Indian River

County, (County) a political subdivision of the State of Florida whose address is 1801 271h

Street, Vero Beach, FL 32960 for the benefit of Capstar Radio Operating Company, a

Delaware corporation; and iHeartMedia Tower Co. I LLC, a Delaware limited liability

company; and Vertical Bridge Acquisitions, LLC; who consent as follows:

WHEREAS, on May 7, 1996 the County entered into a License agreement

(License) with Media VI , a Florida Partnership for a 3.67 acre parcel of property which is

the site of a 200' radio tower; and

WHEREAS, on January 20, 2004, that License was assumed by Capstar Radio

Operating Company (Capstar), and extended an additional 20 years until October 27,

2022 with the consent of the County; and

WHEREAS, Capstar through its wholly owned iHeartMedia, Tower Co. I LLC,

(iHeartMedia) entered into an agreement whereby iHeartMedia Tower Co. I, LLC will be

assigned certain tower assets, including the License, and iHeartMedia Tower Co. I, LLC

will subsequently be sold to Vertical Bridge Acquisitions, LLC or its affiliate (Vertical

Bridge); and

WHEREAS, the tower on Old Dixie Highway and real property described in Exhibit

"A" attached and incorporated herein, is on County owned property subject to the License

and this Consent; and

WHEREAS, the License states in paragraph 9: "Licensee (Media VI) may not

assign license without the prior approval of the Board of County Commissioner of Indian

River County. The Grantor (Board of County Commissioners) shall not unreasonably

withhold such approval."

NOW THEREFORE, in consideration of the premises and the mutual covenants

hereinafter set forth the parties agree as follows:

1. The above recitations are true and correct and incorporated herein.

2. The Board County Commissioners of Indian River County hereby consents to the

assignment and assumption of lease assigning the License by Capstar to

1

13S

iHeartMedia Tower Co. I, LLC and consents to the sale of iHeartMedia Tower Co.

I, LLC to Vertical Bridge.

IN WITNESS WHEREOF, Indian River County has executed this Consent to

Assignment and Assumption of License as follows:

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA.

By: _________________ __


BCC Approved: _____ _


By: __________________ _

Deputy Clerk

Approval as to form

ililJU!lf William K. DeBraal Deputy County Attorney

Approved:

2

136

From a point at intersection of the east right-of-way line of a 160 foot wide right-of-way for Lateral "'J" Canal and the south right-of-way line of a 250 foot wide right-of-way for the South Relief Canal of the Indian River Farms Water Management District:

Run Southeasterly on said east right-of-way of Lateral "J" Canal a distance of 600 feet to Point of Beginning;

Said Point being in the southeast comer ofthe Southwest quarter Section 13, Township 33 South, Range 39 East Indian River County, Florida;

Thence run northeasterly on a line parallel to the South right-of-way line of the South Relief Canal a distance of 400 feet to a point;

Thence run southeasterly on a line parallel to the east right-of-way line of Lateral "J" Canal a distance of 400 feet to a point;

Thence· run southwesterly on a line parallel to the south right-of-way line of the South Relief Canal a distance of 400 feet to the intersection of the east right-of-way line of Lateral "J" Canal;

Thence run northwesterly on said east right-of-way line of Lateral "J" Canal a distance of 400 feet to said Point of Beginning.

Containing 3.67 acres more or less.

The Grantor further grants to Licensee an easement for ingress and egress. to exist during the term of this License, as follows:

Running from the above described property northeast comer to Old Dixie Highway being the 30 feet lying immediately easterly of said property northeast comer running a distance of 200 feet easterly on a line 600 feet southeasterly of and parallel to south right-of-way line of South Relief Canal to a Point;

Thence the 30 feet lying on a line 600 feet easterly of and parallel to the east right-of-way line of Lateral "J" Canal running northerly a distance of 600 feet to a point;

Thence the 30 feet lying immediately southerly and parallel to the South right-of-way line of the South Relief Canal running easterly to the intersection of Old Dixie Highway.

137

Sheriff Deryl Loar ~---------- Indian River County ------------

February 9, 2015

The Honorable Wesley Davis, Chairman Indian River County Board of County Commissioners 180 I 27th Street Vero Beach, FL 32960

Dear Chairman Davis:

This letter is my request to be placed on the February 17, 2015 Board of County Commissioner's Agenda with reference to improvements to the Indian River County Jail. I am requesting funding for the following improvements to the Indian River County Jail:

1. Replacement of hot water boilers inC-Building. One of two boilers is inoperable and unable to be repaired. Hot water for 13 7 inmates along with the facilities laundry operations depend on these two boilers working properly. The sole operating boiler has been operational since 2006. I propose installing a tank-less system that includes 6 tank-less heaters and one storage tank. Tank-less heaters allow for hot water to be generated when one or more heaters are not operating properly. This is especially important for this building as all of the facilities laundry is washed in this building. A substantial savings in propane consumption is an added benefit of a tank-less system. Cost for this project is $41,828.

2. Replacement of cell vents in B-Building. I propose replacing 86 cell vents with a one piece vent that is not screwed into the block walls. Replacement of the vents would be a facility security enhancement. Inmates would not be able to manipulate screws on the vents. Cost for this project is $15,480.

3. Shower refurbishment. I propose refurbishing 20 housing unit showers located in Band D Buildings. Showers have not been refurbished in these buildings since the buildings opened in 1986 and 1991. I propose this project will provide a safer environment for the inmates and reduce liability of slip and falls. I further propose that this project will assist in keeping the shower areas cleaner and reduce instances of MRS A and other transmitted infections. Cost for this project is $74,801 ($67 ,882 if paid at time contract is signed).

If approved, projects 2 and 3 would be completed while the lock replacement project is being replaced in B and D buildings. This would save additional staffing costs in the future to move inmates into areas of the jail that are currently not staffed.

If you should need additional information, please contact me.

Deryl Loar, Sheriff

DL:lt

4055 41st Avenue, Vero Beach, Florida 32960 www .ircsheriff.org

(772) 569-6700

Grove Welders Inc. 1036 9th Street SW Vero Beach, Fl 32962 Phone#

Fax#

.----------------------;E-mail Name I Address

Indian River County Sheriffs Department 405S 41st Avenue Vero Beach, FL 32960

Quote 7n-s69-t222 Date Quote#

772-569-6362 21912015 15-1268

billing@groveweldeJ"$.COm

P.O. No. W.O. #

QUOTE

Qty Item Description UIM Cost Total

86 LUMPSUM

The following lump price is too cut and install Heavy Duty GrilV Air Conditioning covers in 86 different cells at the Indian River County jail. The below price is for the following work to be prefonned. The job will entail the following.

IJ Cutandclean86coversto 12"x 19.5" 2] Drill out to 112 diameter hole ( 12places] around ed11e for better slrcngth for plug weld in& during install. 3] Clean and prep lose flaky fr81Tle ~rk in ~'811 and paint blaclc with dtm (direct to metal) oil base peint. 4J Install

Cut and install llga 1/4 round X 3/8 staggered stainless steel

These are the required gmtes per cell block: A ~ JO

B .. II C = ll B = 10 ZB • 2 E 3 10 F .. ll G = l l H = lO

180,00 15,480.00

This quote is subject to additional cost if at the time ofwor.ldng on the job there are items not recognizable at initial inspection. Ifthis quote uses steel or aluminum. it is based on the current prices and is subject to the availability & price at the time of the order. Otherwise, this quote is good for IS days.

The above quote is accepted by on this day of 2015.

No Sales Tax Included (7.0%)

Signature Sales tax will be added When invoiced

139

~outh(lrn P1umbing9 Ineo '1'·j-·ln a , .-~1 1,1/\ .i ·j' i 1/t.·l {:i u• T ·/ ·l·.f I 'I A h t"-i ·(, -~·

,. l{.l "'-· ·-· · · . ..... f'f ..... ..., . , .. v ' • \, ... _. t., t ,.,. ...... .

JAN!JAAY 28, 20 15

SVCH.29a2

~E~ INO!AN ~!\'.!!:~ COUN'f'Y JAJb I G ewLD!NG

W£ WILL I"UKNISH AND INS'l'ALL '!'Hit P'QtJ-_,(JWJNG!

BOf!.l!!R ROOM . (6 ) #NCC 1 9 Q f ·OV·LP NORIT't i ANIHJ!9& Hr!.~it::RS ( 1) # SSU.·1 I 9Ct:1 HiJ:' SUI"~ft 5TO~!! SiAINLES~ S1'0RAGE l AN!< ( 1) # SSLJ-1 f 9CS NOArti! MAS'f~~ CoN'fROLU :R ({;) #IK-WV·200.1 ·i H T ANK .. LE!'S.S H!A'fE:P. VALVE Ktrs

W E WILL FURNISH ANO INm'ALL ALL Pit-I.E: ANO I"MT INGS NECESS.'\HY 1'0 COMPLETE TH.E JOB IN A SANrfARY MANOR. WE WILL USE TYPE "L." COFI'ER PI~ING F'oR ALL WA~R WNI:!S. W E WILL REMOVl! THE EXIS1'1NG BOIU:RS, S1'0RAGI! TANKS, ANO 1'HE SLABS THEY SIT ON. W E WILL CONNECT TO THE EXIS1'JNG 1-101' AND COI..O POl 'AB!.E WATER SOURCE. W E WILL RUN THE NEW V!NTING FOA ALL HEATERS. W E WILL SUPPLY ALL HEATI!RS WrtH WAIER. GAS, ANO l!:l ..ECTRIC. W't. WILL HAVE THE NEW VENfiNG PENEIRATIONS SEALED SY A UCENSED ROOFER. ALL HEATERS WILL BE INSiAL.U:D ACCORDING TO N ORITZ SPECIFICATIONS.

T HE PRICE OF THIS BID WILL. BE $ 4 1,828.00 AND WILL BE PAID UPON COMPLETION Or THE INSTALLATION.

m ANY CHANGES OR ADDITIONS TO THIS PROPOSAL WILL REQUIRE A SIGNED CHANGE ORDER OR ADDITIO NAL WORK ORDER BEFORE WORK BEGINs•••

ACCEPTANCE OF PROPOSAL

THE ABOVE PRICE. SPECIFICATIONS A ND CONDITIONS ARE SAT ISFACTORY AND A RE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO COMPLETE THE WORK INDICATED ABOVE.

•••w o RK WILL NOT COMMENCE, UNTIL. A COPY OF THE SIGNED PROPOSAL. HAS BEEN . FORWARDED TO O UR OFFICE•••

SIGNATURE___ ___________ _ DATE------~-----------

THANK YOU FOR THE1PP RTUNITYTO BID THIS PROJECT

~v----. AREDT~R-

SOUT N PLUMBING, INC.

4069 43rd Avenue ~ Vero Beach, Florida 32960 • (772) 564-6980 o (772) 978-9843 fax 140

MARATHON ENGINEERING CORPORATION Quote # 2015-038 !, ! ·, :· ' ·. ll·: i ·. ! ·; ,>.,' J .. 1

1.1) ll ( rll ,\ ( 1 ?.1 ·.'~, l'i.. ;y · i l 1'1 l : ( '}. i 1) ) i{J.I .. '/; } ' ; 1: ,\ f -~·;' II II i i Y • i FiJ I,!C IJ(,:(,CI:> I l ::t:' January 29, 2015

PROJECT QUOTE:

SECTION:

PROJECT LOCATION:

CONTACT:

SCOPE OF WORK:

BASE PRICE:

PAYMENT DISCOUNT:

Indian River County Sheriff

096723 -Resinous Coating

4055 41st Ave, Vero Beach, FL 32960

Jeff Ripple, [email protected], 772-925-553 3

Furnish all necessary material, labor & equipment in order to prepare existing areas of concrete, walls, ceilings & floors to install the DecoFloor System manufactured by Gold Medal Construction Corporation. Marathon Engineering will provide a one (1) year "parts & labor" warranty on the Deco Floor Quartz System. o A Cant cove base will be installed around all the walls as a transition between

the waHs & floor. • A waterproofing primer will be installed on to the floors • Marathon Engineering will grind the CMU block prior to installing the

DecoFloor System e The foll:owing showers will have the DecoFloor System installed on the walls

& floors of each shower (approximate square footage total5,413): 1. Block B Pod A 11. Block D Pod Q 2. Block B Pod B 12. Block D Pod R 3. Biock B Pod C 13. Block D Pod S 4. Block B Pod D 14. Block D Pod T 5. Block B Pod E 15. Block D Pod U 6. Block B Pod F 16. Block D Pod V 7. Block B Pod G 17. BlockD Pod W 8. Block B Pod H 18. Block D Pod X 9. Medical Shower 19. Block D Pod Y 10. Block D Pod P 20. KOA Pod

***Seventy four thousand eight hundred one dollars ($74,801) .....

Marathon Engineering Corporation offers a 9.25% ($6,919) for prepayment at the time of contract.

PAYMENT TERMS & CONDITIONS: Pricing is derived from the dimensions and the Scope of Work that is expressively listed on this quote, unless otherwise indicated. Any variance in dimensions greater than 2% will need to be considered in the form of a written change order.

1. For projects in excess of four ( 4) imiividual rocims, it is understood that Gold Medal Construction Corporation will be paid for fabricated products stored at its plant within thirty (30) days of invoice date. Gold Medal Construction Corporation will issue appropriate Bills of Sale and carry insurance protecting such products.

2. Due to the specialized nature of the products and colors available, there is a thirty {30%) deposit due at time of order. All future payment terms are Net 30 from date of invoice, unless expressively stated otherwise.

3. Late payments shall accrue interest at a rate of 1.5% per month. · 4. Marathon Engineering Corporation, installer for DecoFloor Flooring Systems™, will supply warranty for all

material furnished and work perfonned in conjunction with the above referenced project, in accordance with the Contract Documents and authorized modifications thereto, and will be free from defects due to defective materials or workmanship for a period of one {1) year from the Date of Substantial completion, which is the last day that

141

Marathon Engineering Corporation is physically working on the project jobsite excluding aestbet)c, remedial, and punch list work. Warranty does not include any damage from objects, or structural comproitlise of 'ubstrate. The Customer attests that there is an effective vapor barrier installed or that the concrete in not on grade and should not present a moisture problem. Warranty does not cover failure of the system due to vapor transmission.

5. Pricing excludes any payment o.r performance bonding. 6. Pricing includes no more than one (1) mobilization of materials and crew to job site. 7. This Jump sum proposal is based solely on the completion of all the above areas 8. The flooring system is fluid applied and will follow the contour of the existing floor substrate. No ''sloping" has

been included within this quote. Should this be required, additional charges will be applied. · 9. Pricing is solely based on dimens.ions above. Due to digital files and scaling not being accurate Maratho.n will only

guarantee pricing based on our dimensions indicated in Scope of Work. Please call Marathon if you feel there are any discrepancies.

10. Pricing is based on Marathon's standard wage rate. If prevailing wages are required additional fees will apply. 11. If a blended aggregate color selection is chosen, please note that it is a blend and will not be 1 00% uniform

throughout, nor is it intended to be. 12. Please be aware that aU resinous flooring will appear slightly different from different angles if multiple sources of

light shine on the same area. 13. Marathon Engineering Corporation will produce a mock-up sample which needs to be approv~d by owner,

contractor and architect prior to ordering of materials and start of job.

EXPIRATION: This Contract Proposal expires sixty (60) calendar days from the date issued unless earlier withdrawn or extended in writing

Please do not hesitate to contact me with any questions or if I can be of any assistance. I can be reached at our offices at

Thank you once again for your consideration.

Regards,

r i , \._1 \ ' ,/ !. • ·,/,. ' • ' l\ ·_! t .I 't•''\'"

George Hrunka

President & CEO, Marathon Engineering Corporation

142

I E PROVIDED # ITEM N X BY COMMENTS

c c OTHERS . .

1 Temporary Toilets X 2 Electrical Power X X 3 Temporary Heat X X IF NEEDED 4 Temporary Barricades at Entrance ofRoom(s) X 5 Scaffolding X 6 Tem_p_o~~ Dust Partition X 7 Clean-Up Offsite X 8 Clean-up to Dumpster X Dumpster Provided By Others 9 Jobsite Security X X 10 1 00% Labor & Material Payment Bond X 11 1 00% Performance Bond X 12 Bond Premium X 13 Payment Net 30 Days from Date oflnvoice X 14 Thirty (30%) Percent Deposit at Time of X

Contract 15 Schedule ofValues X 16 Samples & Shop Drawings and Product Data X 17 Guarantees & Warranties X 18 Installation X 19 Grind-off of existing coating systems X We will grind surfaces doWn as

part of the prep work. 20 Mechanical & Electrical Rough-in X 21 Mechanical & Electrical Hook-up X 22 Refloating or Pouring Concrete or Raising X Will be the responsibility of others

Existing Floors if required 23 As Built Drawings X

24 Operation Manuals X 25 Liquidated Damages X 26 Cant cove base X 27 Any concrete repair in excess of 118" in diameter X 29 Waterproofing or Moisture Mitigation system X Only included on floor surfaces of

showers 30 Any HVAC or Ventilation Work Required X 31 Any plumbing work that is required to complete X

project or moving of any fixtures or hardware 32 Removal of Mold & cleaning of Showers prior X X Facility must clean showers prior

to arrival by Marathon Engineering_ Corporation to Marathon Engineering's arrival

143

TO:

THROUGH:

FROM:

DATE:

SUBJECT:


Joseph A. Baird; County Administrator


-~~·l_' --- --Stan Boling, AIG{) ommunity Development Director

:f\..}M John W. McCoy, AICP; Chief, Current Development

Ryan Sweeney; Senior Planner, Current Developmen~

February 6, 2015

, ... ~~· 'L'' l ,, I. r

Pl BI.IC' Ht-:ARI~G LEGISL:\ TI\-E

Tracy Sabol's Request for Abandonment of a Right-of-Way for a 16' Alleyway Running from 129th Place to 130th Street and Lying Behind Lots 1-10, Block 1 of the Townsite Plat of Roseland Subdivision [2014060049-72768 I ROWA-14-09-03]

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 17, 2015.

DESCRIPTION AND CONDITIONS:

Tracy Sabol has submitted a petition to abandon a 16' wide alley right-of-way that runs behind lots 1-10, block 1 of the Townsite Plat of Roseland subdivision. The alley has never been formally improved and is intermittently used as a secondary driveway and back yard area.

Currently, the applicant owns lots 3, 8, 9, and 10 of block 1 of the Townsite Plat of Roseland subdivision, and those lots abut a portion of the alley right-of-way proposed for abandonment. Since the entire alley segment functions as a whole, the request involves abandoning the entire portion of the alley from 129th Place to I 30th Street (adjacent to lots 1-1 0). If abandoned, the right-of-way will be joined to the adjacent private lots that lie within block 1 of the Townsite Plat of Roseland subdivision, since the right-of-way was created by that plat and the right-of-way is entirely within the limits of the plat. If abandoned, the alley right-of-way will be evenly divided between the abutting lots, extending the rear property line of each of those lots by 8'.

Prior to the Technical Review Committee meeting at which the subject request was reviewed, planning staff notified each property owner adjacent to both sides of the subject alley right-of-way by mail. To date, staff has received no objections from any adjacent property owner. Additionally, the applicant has indicated that he has coordinated with all adjacent property owners.

F:\Community Development\CurDev\BCC\20 15 BCC\SabolROWAstaffreport.doc 144

1

The subject 16' wide alley right-of~way was created by the 1911 Townsite Plat of Roseland subdivision plat recorded in Saint Lucie County plat book 1, page 43. That occurred prior to creation oflndian River County. The right~of~way is now within the jurisdiction oflndian River County, and BCC Resolution No. 2000-150 (see attachment 3) formally accepted al1 streets, alleys, and easements shown on the plat.

At this time, the applicant requests that the subject alley right-of-way be abandoned.

ANALYSIS:

Consistent with guidelines established by the Board of County Commissioners, this petition was reviewed by all county divisions and utility providers havingjurisdiction or potential interests within the subject 16' wide alley right-of~ way. Upon review, the County Utilities Department advised that a utility easement over the entire right-of-way will be required in order to allow for future expansion of County water and sewer utilities. Therefore, the Utilities Department recommends that the entire 16' wide right~of-way be retained as a utility easement to accommodate possible future utility uses. All other jurisdictional agencies have reviewed and approved the proposed abandonment without conditions.

While the recommended easement will preclude the location of buildings within the abandoned right-of-way area, owners of affected lots will get greater use of their lots, since the easement may be used to satisfy setback and open space requirements. Thus, the abandonment will increase the potential building envelope for all abutting lots. Subject to a condition that a utility easement be retained over the entire subject segment of right-of-way, all county divisions recommend approval of the abandonment.

As noted on the County Thoroughfare Plan, the subject alley right-of-way is not part ofthe County's major roadway system and is not needed for the thoroughfare system or for traffic circulation in the surrounding neighborhood. In this case, the subject alley does not provide primary access to any property. Since each lot adjacent to the alley has adequate frontage on a local street, the abandonment will not affect the right of convenient access to any surrounding properties. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency.

RECOMMENDATION:

Based on the analysis, staff recommends that the Board of County Commissioners abandon its rights to the subject alley right-of-way and authorize the chairman to execute the attached abandonment resolution, with the following condition:

1. That a public utility easement be retained over the entire segment of right-of-way for the alley being abandoned.

F:\Community Development\CurDev\BCC\20 15 BCC\SabolROW Astaffreport.doc 145

2

ATTACHMENTS:

1. Application 2. Location Map 3. Resolution No. 2000-150 4. Abandonment Resolution

Indian River Co, APPROVED AGENDA ITEM: Admin.

Legal

Budget

Dept.

Risk Mgr.

F:\Community Development\CurDev\BCC\20 15 BCC\SabolROW Astaffreport.doc 146

3

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___ ·_---,__._~-\~~_,_· · ..;:;;U'--!-_&-=·~~~:0=-.~...._...--__ , hereby petitions the Indian River County Board (Petitioner) of

County Conunissioners, to vacate a---4-~'--lr----------------------' described as; (describe street, a!Jey, road, easement, etc.)

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Property owners abutting the portion of the road requested to be vacated: (if any)

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Please submit to the Indian River County Community Development Department with fequired fee (payable to Indian River County), with a copy of appropriate plat, tax or description map.

NOTICE Pr-ior to formally applying fer a right-of .. way abandonment requestt planning staff strongly encourages ·yon to contact the planning division, public works department, the utility services department, and road a~md bridge to ascertain any preiiminary st~ff objections or cDmments regflrding your proposed request. Staff also encourages you to contact any neighbors that could be affected. Such preliminary contacts with "Staff and neighbors may save you time and money.

Note: L~ter in the process, !he right~of-way abandonme~tt applicaet wiD be responsible for hsving a surveyor ·provide a legal description snd sketch fo~ the right-of-way abandonment area. TACHMENT 1

AT ~( 7~c?D

147

PROCEDURES

A. Petitioner

PETITrON FOR ABANDONMENT OF PUBLICLY DEDiCATED IDGHTS-OF-WAY, EASEfViENTS OR ALLEYS

1. The Petitioner (Exhibit 1) shal1 be used by the public when requesting the Board of County Commissioners to vacate or abandon rights-of-way, alleys or easements dedicated to public use.

2. The Petitioner shall provide an accurate legal description of rights-of-way, alleys or easements on the petition. An accurate legal description may be obtained froin the Clerk of the Circuit Court (Recording Department). If the alley, easement or right-of-way is in a subdivision, Petitioner shall provide a copy of the subdivision plat.

3. The Petitioner shall also provide a copy of a deed and letter authorization if applicant is not owner.

4. The Petitioner shall bear the signature and address of the petitioner and list the property owners (if any) abutting that portion of the public right-of-way or easement requested to be vacated.

5. The Petitioner shall be addressed to the Board of County Commissioners attention: Planning and Zoning Department, 1801 271

h Street, Veto Beach, Florida-32960.

B. Fees and Costs for Adrmnistrntion, Advertising and Recording

1. Right-of-Way, Street and Alley Abandonments, etc. a. A $700.00 fee for recording and ll.dministrative costs shall accompany the petition and

attachments. The check should be made payable to the Board of County Commissioners.

2. Easement Releases·

MATERIAL

a. A $120.00 fee shall be paid for recording and administrative costs when petitioning for and easement release. The $120.00 fee can apply for up to two easement releases if in the same subdivision and unit.

b. Easement releases on a series of contiguous lots (up to four lots in same Block, Unit and Subdivision)· will be considered a single request requiring a $120.00 fee. If a request involves several easement releases within a single subdivision, then an additional $25.00 fee will be charged for every two additional easements. Generally one petition application fonn should be adequate for multiple easement release requests.

Right-of W~y AbanthJnment and Easement Release Checklist All materials must be submitted to complete this qplication

-NO

Fee: Abandonment $700.00- Release of Easement $120.00 (Make check payable to Indian River County) Complete Petition Copy of Deed or Tax Bill Copy of Plat (if platted)

ATTACHMENT 1148

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RESOLUTION NO. 2000·~

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. FORMALLY ACCEPTING THE DEDICATION OF STREETS, ALLEYS AND EASEMENTS SHOWN ON CERTAIN PLATS WHICH PREDATE STATUTORY LAWS OF PLAmNG SET OUT IN CHAPTER 177, PART 1, FLORIDA STATUTES.

IN THE RECORDS OF JEFFREY K.IARTON

CURk CIRCUIT COURT INDIAN RIVER CO., FLA.

WHEREAS, laws relating to the platting of land were not enacted by the

Rorida Legislature until1971; and

WHEREAS, plats filed of record prior to that date sometimes had no

language of express dedication of rights-of~way, streets, alleys and easements to

public use; and

WHEREAS, by making a sale of platted lots, the owner of a tract

manifests an intent to dedicate streets and rights-of-way necessary to access

lhose loiS; and

WHEREAS, common law dedication requies (1) an intention by the

owner to dedicate the property for pubfiC use; and (2) an acceptance by the

public; and

WHEREAS, Judge Scott Kenney rendered a Final Judgment in the case

Driver v. Indian RiVer County, in the Nineteenth Judicial Circuit, in and for Indian

River County, Florida (Case No. 00-0343 CA19) ruling that there must be dear,

satisfactory and unequivocal evidence that the public has accepted such

dedications. either formally, or by the improvement, maintenance or use of said

snets and rights~f-way,

f

ATTACHMENT 9

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150

RESOLUTION NO. 2000· t 50

NOW, THEREFORE, BE IT RESOLVED BY THE f.!OARD OF

COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that all

dedicated rights-<lf-way, streets, easements. and aleys shown on the following

listed platted lands are hereby expressly and formally accepted:

• Townsfte Plat of Roseland, Plat Book 1, Page 43, Public Records of

Stlucie County, Florida, now lying in Indian River County, Florida.

• Plat of Wauregan, Plat Book 1, Page 178, Public Records of Brevard

County, Florida, now lying in Indian River County, Florida.

• SubdMsions Nos. 1 and 2, Ambersand Beach, originally platted in

Brevard CO'Jni'J at Plat Book3, Page 76, and a!so being recorded in

Plat Book 7, Page 8-A, Public Records of Indian River County.

• A. A. Beny Subdivision, recorded in Plat Book 2, Page 14 of the Public

Records of Stlucie County, Florida, said lands now lying in Indian

River County. Florida.

The resolution was moved for adoption by Commissioner Ginn • and

the motion was seoonded by Commissioner Stanbri dge, and, upon being put to

a vote. the vote was as follows:

Chainnan Fran B. Adams VICe Chairman Caroline D. GiM Commissioner Kenneth R. Macht Commissioner John W. Tippin Commissioner Ruth M. Stanbridge

2 ATTACHMENT S

-

151

RESOLUTION NO. 2000·.1Sil...

The Chairman thereupon declared the resolution duly passed and

adopted this .12th. day of December, 2000.

~ ... ·······

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By ~OM_ {j r10-wo . Fran B. Adams, Chainnan

3 ATTACHMENT 3

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15.2

RESOLUTION 2015-

RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 16' WIDE ALLEYWAY RUNNING FROM 129th PLACE TO 1301

h STREET AND LYING BEHIND LOTS 1-10, BLOCK 1 OF THE TOWNSITE PLAT OF ROSELAND SUBDNISION AS SHOWN IN PLAT BOOK 1, PAGE 43 OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, AS DESCRIBED HEREIN, SAID LAND NOW LYING IN INDIAN RIVER COUNTY, FLORIDA; SAID ABANDONMENT SUBJECT TO RETAINING A UTILITY EASEMENT.

WHEREAS, on June 17, 2014, Indian River County received a duly executed and documented petition from Tracy Sabol requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a 16' wide alleyway running from I 29th Place to I 30th Street and lying behind lots 1-10, block 1 of the Townsite Plat of Roseland subdivision as shown in Plat Book 1, Page 43, of the Public Records of Saint Lucie County, Florida, said lands now lying and being in Indian River County, Florida; and

WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and

WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that the subject right-of-way is not a state or federal highway, not located within any municipality, not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property; and

WHEREAS, the Board finds that a utility easement needs to be retained over the entire rightof-way to accommodate possible future utility uses.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:

1. All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows:

BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 1, BLOCK 1 OF SAID TOWNSITE PLAT OF ROSELAND, SAID CORNER ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF 130th STREET; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 16.00 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID 16 FOOT ALLEY; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID 16 FOOT ALLEY A DISTANCE OF 300.00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF 129th PLACE; THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 16.00 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF AFORESAID 16 FOOT ALLEY; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY

ATTACHMENT F:\Community Development\CurDev\RESOLUTION\201 5 Resolutions\Sabol 20 15-_ .doc 1

4 153

RESOLUTION 2015-__

RIGHT OF WAY LINE A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING; CONTAINING 4,800 SQUARE FEET MORE OR LESS.

Lying in Indian River County, Florida.

is hereby forever closed, abandoned, renounced, disclaimed, and vacated, except that a utility easement shall be retained over the entire area ofthe subject abandonment. (see Exhibit A attached).

2. The closing, vacation, and abandonment of this public alleyway is in the best interests of the public.

3. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof.

4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay.

5. The alleyway shall revert equally to properties on both sides ofthe subject alley within the Block 1 of the Townsite Plat of Roseland.

The foregoing resolution was offered by Commissioner----------who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows:

Chairman Wesley S. Davis

Vice Chairman Bob Solari

Commissioner Joseph E. Flescher

Commissioner Peter D. O'Bryan

Commissioner Tim Zorc

The Chairman thereupon declared the resolution duly passed and adopted this _____ day of _ _ ____ , 2015.


BY: -----------------------Wesley S. Davis, Chairman

ATTACHMENT 4 F:\Community Development\CurDev\RESOLUTION\20 15 Resolutions\Sabol2015-_.doc 2

154

RESOLUTION 2015-__


BY: ________________________________ __

Deputy Clerk

I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared , and ----------- as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.

WITNESS my hand and official seal in the County and State last aforesaid this ___ dayof _______ , A.D., 2015.

APPROVED AS TO LEGAL SUFFICIENCY

BY: l}!/Lfl {}j[) .(f :Dylan Reingold, County Attorney

APPROVED AS TO PLANNING MATTERS

BY: ~-

Stan Boling, AICP Di ctor Community Devel - -ent Department

Notary Public

F:\Community Development\CurDev\RESOLUTION\2015 Resolutions\Saboi20J 5-_.doc

ATTACHMENT 4

3

155

SCALE 1'=60' -0' 10' 25. 50' 100' LEGAL DESCRIPTION & SKETCH FOR ABANDONMENT OF 16' ALLEY IN BLOCK 1, TOWNSITE PLAT OF ROSELAND

- C[ - -

83rd AVENUE l Ex:ibitA { 60' RIGHT Of WAY) ( 5E8ASllAN AVENUE A5 PER PLAT)

~--------~----------~----------~----------r----------, ~

LOT S LOT4 LOT 3 BLOCK 1 BLOCK 1 BLOCK 1

LOT 2 LOT 1 BLOCK 1 BLOCK 1

POINT OF BEGINNING SOUTHEASTERLY CORNER OF LOT 1. BLOCK l

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76' ALLEY TO BE ABANDONED <:.3-'

SOUTHWESTERLY 300.00' -c:: 'i--1

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( 70' RIGHT OF WAY) BZnd COURT ( BERRY AVEIVUf AS PER PLAT)

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SKETCH OF LEGAL DESCRIPTION ( NOT A BOUNDARY SURVEY)

LEGAL DESCRIPTION: THE 16 FOOT ALLEY, BLOCK J, SHOWN ON THE PLAT OF TOWNSITE PLAT OF ROSELAND, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 43, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID lAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.

BEING MORE PARTICULERY DESCRIBED AS FOlLOWS:

BEGINNING AT THE SOUTHEASETRLY CORNER OF LOT I, BLOCK 1 OF SAID TOWNSITE PLAT OF ROSELAND, SAID CORNER ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF 130th STREET; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 16.00 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID 16 FOOT ALLEY; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID 16 FOOT ALLEY A DISTANCE OF 300.00 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF !29th PLACE; THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 16.00 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF AFORESAID 16 FOOT ALLEY; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE A DSITANCE OF 300.00 FEET TO THE POINT OF BEGINNING: CONTAINING 4.800 SQUARE FEET MORE OR LESS.

REVISED SKETCH 12·1 0-2014

SKETCH OF LEGAL DESCRIPTION 11-23-2014 SCALE 1"=60'

i' SURVEYOR'S NOTES:

1. THIS SKETCH OF LEGAL DESCRIPTIOON WAS PREPARED BASED UPON EXISTING RECORD PLAT OF TOWNSITE PLAT OF ROSELAND AS RECORDED IN PLAT BOOK I , PAGE 43, PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA. SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA.

2. THIS SKETCH EXISTS SOLEY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION.

3. ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED.

4. THIS SKETCH MEETS THE FLORIDA STANDARDS OF PRATICE SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO CHAPTER 5)-1 7.050, FLORIDA ADMINISTRA fiVE COQE, PURSUAN.f. TO SECTION 472.027, FLORIDA STATUTES ·

·: . PREPARED BY: CECRLE LAND SURVEYING. INC. FLORIDA LAND SURVEYING BUSINESS #6637 10749 HIGHWAY U.S. I. SUITE A, SEBASTIAN. FLORIDA 32958 PHONE 772-388-0520 FAX 772-38£}2012 .

THE SKETCH OF LEGAL IS NOT VALID WITHOUT-THE S1GNA TURf AND THE ORIGIN FA FLORI A LICENSED' SURVEYOR ,A.ND MAPPER.

12-30-2014

AtTACHMENT FIELD BOOK NIA SHEET 1 OF 1 PROJEG NUMBER 14-35 E

PUBLIC HEARING: 2/17/15 LEGISLATIVE

Indian River County Inter-Office Memorandum

Office of Management and Budget

TO: Members of the Board of County Commissioners


SUBJECT: Public Hearing to Consider Amending the Code of Indian River County to Create ''The Indian River County Driver Education Program Trust Fund" to Implement the Dori Slosberg Driver Ed tion Safety Act

FROM: Jason E. Brown

At its meeting of January 20, 2015, the Board of County Commissioners directed staff to draft an ordinance to implement the Dori Slosberg fee of $5.00 on each civil traffic penalty in Indian River County.

Background

On August 20, 2002, the Board of County Commissioners (the "Board") adopted an ordinance imposing a three dollar ($3.00) charge (the Dori Slosberg fee) on each civil traffic penalty to be used to fund driver education programs in public and non-public schools. In 2006, the Florida Legislature enacted Chapter 2006-290, which changed the penalty from $3.00 to $5.00, effective October 1, 2006. On September 5, 2006, staff submitted an ordinance revision to the Board to implement the change from $3.00 to $5.00. At that meeting, some members of the Board voiced concerns about the number of charges and fees applied to traffic violations. Due to concerns about increasing the burden on residents charged with a traffic violation, the Board voted (3-2) to eliminate the fee rather than increase it.

The County continued to disburse the funds remaining from the Dori Slosberg fee to the Indian River County School District and St. Edward's School as the providers of driver education courses to their students. Subsequently, in 2010, the Indian River County School District stopped providing driver education in the high schools due to funding constraints.

Various parties (e.g., Tax Collector, Sheriff, etc.) have expressed support for re-initiating the Dori Slosberg fee to provide funding for driver education services for local students. As a result, the County inquired whether the Indian River County School District would consider restarting a driver education program. The School District replied that they would support a program whereby students would receive training through virtual online classes and behind the wheel training. This commitment was with the understanding that the program would be funded by the Dori Slosberg fee.

1

157

Funding

The Dori Slosberg fee generated approximately $45,000 per year as of fiscal year 2006, based upon a $3.00 levy. This translates to revenue of about $75,000, at a $5.00 levy assuming the same level of traffic citations. The Dori Slosberg fee would not be sufficient to support driver education programs provided by the School District. However, it appears that other alternatives may be available to provide driver education programs within the funding limitations of anticipated revenues from the Dori Slosberg fee as discussed below.

Analysis

County staff has received information from the United Safety Council regarding a driver education program that could meet the needs of Indian River County. The United Safety Council provides various safety and health training courses, professional testing and monitoring in order to reduce preventable injuries and improve safety. Currently, the United Safety Council is the vendor of record for the Florida Virtual School Driver Education Program. The organization has trained over 3,700 students since this program was established. Through this program, the Florida Virtual School and the United Safety Council has teamed up to provide Orange County students a free full course in driver education. Students receive both online and behind-the-wheel training. According to United Safety Council staff, this program is fully funded through the Dori Slosberg fee in Orange County. The United Safety Council is interested in providing this program in Indian River County as well. Furthermore, staff has indicated that this program could be funded with the Dori Slosberg fees in Indian River County, as has been done in Orange County.

An additional vendor (A Treasure Coast Driving School) has contacted the County and the School District and expressed interest in providing driver education for Indian River County. It should also be noted that the County has provided funding for this vendor to St. Edward's School from Dori Slosberg funds in the past. These previous payments were made to reimburse St. Edward's School for the cost of a driver education program provided by A Treasure Coast Driving School. For this service, St. Edward's pays a flat rate per student.

In summary, there appears to be at least two options available for the provision of driver education for Indian River County students. At least one of these alternatives has indicated that the program could be fully funded through the Dori Slosberg fee, which meets the parameters set by the School District to provide driver education programs to students. It is important to note here that the schools will have the responsibility of implementing any driver education program including the selection of a vendor, not the Board of County Commissioners. Rather, the Board is the entity that has the authority to levy the Dori Slosberg fee and administer the funds (which includes ensuring compliance with the Dori Slosberg Driver Education Safety Act). Therefore, the Board needs only to make a determination of whether to charge the Dori Slosberg fee ($5.00) on traffic citations going forward. The Board may also wish to consider how funding should be allocated between the School District and St. Edward's.

2

158

Recommended Action

Open the public hearing and after rece1v1ng public input, consider adopting the proposed ordinance with any revisions based on that public input.

/ nhm Attachment: draft ordinance


. • cSau4 Admin.

Indian River Co .

Co. Atty.

Budget

Department

FOR: February 17, 2015 Risk Mgmt

3

159

ORDINANCE NO. 2015-__

AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 305.08, MAINTENANCE OF TRAFFIC EDUCATION PROGRAM TRUST FUND; SECTION 305.09, RESERVED; AND SECTION 305.10, USES AND PURPOSES OF TRAFFIC EDUCATION PROGRAM TRUST FUND, OF THE CODE OF INDIAN RIVER COUNTY TO CREATE ~~THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND" IMPLEMENTING THE DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, AND MERGING THE INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND INTO THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND; PROVIDING FOR THE CREATION AND ADMINISTRATION OF THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND; PROVIDING FOR THE CLERK OF THE CIRCUIT AND COUNTY COURT TO COLLECT AN ADDITIONAL $5.00 WITH EACH CIVIL TRAFFIC PENALTY ASSESSED IN THE INCORPORATED AND UNINCORPORATED AREAS OF INDIAN RIVER COUNTY TO BE DEPOSITED INTO THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND TO FUND DRIVER EDUCATION PROGRAMS IN PUBLIC AND NONPUBLIC SCHOOLS; PROVIDING FOR A QUARTERLY REPORT; PROVIDING FOR GRANTS FROM THE INDIAN RIVER COUNTY DRIVER EDUCATION PROGRAM TRUST FUND; AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

WHEREAS, Section 318.1215, Florida Statutes, known as the "Dori Slosberg Driver Education Safety Act," authorizes the Board of County Commissioners to adopt an ordinance requiring the clerk of the court to collect an additional $5.00 with each civil traffic penalty, to be used to fund driver education programs in public and nonpublic schools; and

WHEREAS, implementation of the Dori Slosberg Driver Education Safety Act serves a legitimate public purpose and is in the best interest ofthe citizens ofindian River County,

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:

Coding: Words underscored are additions to text; words in strikethro~:~gh format are deletions to text.

1

160

Section 1. as follows:


Section 305.08.- Maintenance of traffic education program trust fund, is amended

Section 305.08. - Maintenance of tnlffie driver education program trust fund.

The Indian River County Traffic Education Program Trust Fund, created October 1, 2002 by Ordinance No. 2002-026, and re-established effective July 1, 2004 by Ordinance No. 2004-019, shall be maintained by the clerk and county in the Indian River County Driver Education Program Trust Fund for the purposes set forth in section 305.10 of the Code. Indian River County imposed an additional three dollar ($3.00) fee on all ei¥ie civil traffic penalties issued in Indian River County from October 1, 2002 through and including September 30, 2006. Civil traffic penalties are collectable for several years after the issuance of the civil traffic infraction ticket. Any three dollar ($3.00) fee received on and after October 1, 2006 shall be deposited in the Indian River Traffic Driver Education Program Trust Fund.

There is hereby created the Indian River County Driver Education Program Trust Fund. Funds deposited into the Indian River County Driver Education Program Trust Fund shall be used to fund driver education programs in public and nonpublic schools. The funds shall be used for direct educational expenses and shall not be used for administration. The Board shall administer the funds deposited into the Indian River County Driver Education Program Trust Fund.

Section 2. Section 305.09.- Reserved, is amended as follows:

Section 305.09. -Reserved Collection of $5.00.

Effective March 1, 2015, the Clerk shall collect an additional $5.00 with each civil traffic penalty assessed in the County. The collection of such additional $5.00 shall not be waived. The Clerk shall keep a record of funds collected. The Clerk shall deposit all funds collected pursuant to this section into the Indian River County Driver Education Program Trust Fund. Beginning on March 1, 2015, once each quarter, the Clerk shall submit a full report to the Board as to the amount of funds collected and deposited into the Indian River County Driver Education Program Trust Fund, and the amount of expenditures from the Indian River Driver Education Program Trust Fund.

Section 3. Section 305.10. - Uses and purposes of traffic education program trust fund, is amended as follows:

Coding: Words underscored are additions to text; words in stril<ethrot~gh format are deletions to text.

2

161


Section 305.10. - Uses and purposes oftraffie driver education program trust fund.

Funds deposited into the Indian River County Traffic Driver Education Program Trust Fund shall be used to fund tfaffiv driver education programs in public and nonpublic schools. The funds shall be used for direct educational expenses and shall not be used for administration. The board shall administer the funds deposited into the Indian River County Traffic Driver Education Program Trust Fund. The board shall award annual grants from funds deposited into the Indian River Traffic Driver Education Program Trust Fund to public and nonpublic schools for tFaffie driver education programs in such public and nonpublic schools, based on an application and selection procedure administered by the county administrator or his designee.

Section 4. Severability

If any portion of this ordinance is held or declared by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, which shall remain in full force and effect.

Section 5. Codification

It is the intention_of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of The Code of Indian River County, and that the sections of this ordinance may be renumbered or relettered, and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intention.

Section 6. Effective Date

This ordinance shall take effect on March 1, 2015.

This ordinance was advertised in the Indian River Press Journal on the 6th day ofFebruary, 2015 for a public hearing on the 17th day of February, 2015, at which time it was moved for adoption by Commissioner and seconded by Commissioner ------------"' and adopted by the following vote:

Coding: Words underscored are additions to text; words in strikethrough format are deletions to text.

3

162


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

The Chairman thereupon declared this Ordinance duly passed and adopted this 17th day of February, 2015.

Attest: Jeffrey R. Smith Clerk of Court and Comptroller

By ____________________ __

Deputy Clerk

Approved as to form and legal sufficiency

By~ Coun::::::----~

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By ________________________ _


EFFECTIVE DATE: The effective date ofthis ordinance is March 1, 2015.

This ordinance was filed with the Florida Department of State on the __ day of February, 2015.

Coding: Words underscored are additions to text; words in striiEetl=troblgh format are deletions to text.

. 4

163

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.

PUBLIC DISCUSSION INFQRMA TION

Indian River County Code Section l02.04(lO)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action

Indian RJver County Code Seetion 102.07(2): limit remarks to three minutes unless additional time is granted by the commission

NAME OF INDIVIDUAL OR ORGANIZATION: _s_us-'-a_n_M_e_h-=i...;:,.e_l _____ __________ _

AODRESS:l31 Laurel Oak Ln, 32963 PHONE: 234-9451

SUBJECTMAITERFORDISCt:SSJON:The county's efforts to fight AAF and in ~upport of

the county setting aside funds for the legal efforts to stop the train

IS A PRESENT A TJON PLANNED?

IS BACK-UP BEING PROVIDED?

IS TillS AN APPEAL OF A DECISION?

0 Yes

181 Yes

0 Yes

~ No

181 No

181 No

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMJSSION? If there is a specific res@

lution on this subject offered by a comrnGssioner, I will speak t o it.

ARE PUBLIC FUNDS OR ACfiVlTIES REQUIRED? [gl Yes I 0 No

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Yes, if there are

funds involved for the legal fight to stop AAF

Transmitted to Administrator Via: Interactive Web Fonn

::X:: E-Mail Fax Mail Hand Delivered Phone

164

TO:

FROM:

CONCURRENCE:

DATE:

SUBJECT:


MEMORANDUM


Chris Mora, PE; Public Works Director

January 26, 2015

COI\'1 M UNITY llEVELOPMENT

Authorization for 45th Street Beautification Project: Phase I and Resurfacing Improvements


DESCRIPTION & CONDITIONS

From May 2013 through July 2014, the county performed an update of the 2002 Gifford Neighborhood Plan. The updated plan was adopted by the Board of County Commissioners on July 15,2014. That plan was the culmination of a grass roots effort by the Progressive Civic League of Gifford, Gifford residents, and Indian River County to improve the quality of life and economic conditions for Gifford residents. Through considerable interaction with residents of Gifford at community meetings, county staff prepared the neighborhood plan which presents a strategy and a series of actions to address issues, concerns, and opportunities identified by Gifford residents. Approval of the plan committed the Board (as well as other responsible parties) to undertake specific actions identified in the "action plan" section of the overall neighborhood plan.

One of the most important components of the action plan is a set of actions related to the beautification of 45th Street, Gifford's "Main Street" (see Attachment 1 ). Those actions require the County to beautify 45th Street from 43rc1 Avenue to US 1 with specific landscaping and hard improvements based on preliminary project design plans developed and discussed during the neighborhood plan process. The design plans were produced by an engineering firm (K.imley-Hom) hired by the County using local and grant funds. Representatives of the firm attended a number of Gifford meetings, and produced plans based on input from staff and Gifford residents.

On November 20, 2014, design plans were presented at a Gifford community meeting for input. Now, fmal project design plans have been prepared together with a project schedule that advances improvements consistent with input from the Gifford community. The Board is now to consider the project and authorize staff to move the project forward through bidding and construction.

M:\AGENDA\Current Year\2015\45th St Beautification Project- Phase I aud10rization.docx 1 165

ANALYSIS

The neighborhood plan adopted July 2014 contained specific design elements for the 45th Street Beautification Project, and broke down the project into two phases, as follows:

Phase 1 (2016)

• Widened shoulders/bike lanes (both sides of 45th Street) • Street lights, as needed, to fill-in street lighting coverage gaps • Curbing improvements along certain portions of the north side of 45th Street • Re-surfaced side street approaches on the north side of 45th Street, where appropriate • Hardscape and landscaping, improvements along certain portions of the north side of 45th

Street • Westbound right turn lane at 28th Court

Phase 2 (2018)

• Culverting certain portions of the canal on the south side of 45th Street • Landscaping improvements along the south side of 45th Street in the culverted areas,

where appropriate

In addition to those beautification project specifics contained in the neighborhood plan, the resurfacing of 45th Street was scheduled in the Capital Improvements Program for FY 2018/2019, coinciding with Phase 2.

On November 20, 2014, staff and the project engineer, Brian Good, presented the project design at an evening meeting held in the Gifford Community Center. That public meeting implemented Neighborhood Plan Action 9.1, which required the County to obtain project design input from Gifford residents at a community meeting in Gifford. During the meeting, staff discussed the possibility of moving forward 45th Street resurfacing to coincide with Phase 1. At the meeting, residents generally supported the proposed improvements but insisted on having Phase 1 include the resurfacing of 45th Street and having Phase 1 start no later than October 1, 2015 and be completed in time for the January 2016 Martin Luther King Jr. parade. At the meeting, residents emphasized that a beautification project was promised in the 2002 Gifford Neighborhood Plan and that the community needed to see improvements in the ground as soon as possible. Staff indicated at the meeting that although re-surfacing 45th Street was not scheduled until20 18/19 based on a resurfacing grant, staff would try to find a way to advance the resurfacing and would have the project begin by October 1, 2015.

Since the November 20th meeting, stafl has reviewed various project and funding options. In accordance with the Gifford Neighborhood Plan (Action 9.2), 45th Street Beautification Phase 1 improvements were included in fiscal years 2014/15 and 2015/16 of the current Capital Improvements Program. A total of$800,000 was provided from Local Option Gas Tax ("Gas Tax") for the Phase 1 project ($400,000 in each year). Initially, Phase 2 improvements (including resurfacing) were programmed for fiscal years 20 1 7 I 18 and 2018/19 funded by a combination of Gas

M:IAGENDA\Current Year\2015\45th St Beautification Project- Phase I authorization.docx 2 166

Tax and grant funds. In January 2015, the Board approved advance funding of the resurfacing improvements during the current fiscal year for $450,000 from Gas Tax funds in order to avoid a two or three year time gap between Phase 1 and resurfacing. This brings total funding for Phase 1 and resurfacing improvements to $1,250,000. That funding level is sufficient for the Phase 1/ resurfacing project, based on the project engineer's cost estimate of$1,203,270 (see Attachment 2).

The Phase 1/resurfacing project will be managed by Public Works through the normal bid and construction process. Public Works indicates that the project can be bid, contract let, and construction commenced by this summer with project completion prior to the end of 2015. That schedule will be ahead of the neighborhood plan Phase 1 timeframe (2016), will be ahead ofthe original schedule for resurfacing (20 18/19), and will meet timing expectations expressed at the November 20, 2014 Gifford community meeting.

At the February 17, 2015 Board meeting, engineer Brian Good will present the 451h Street Beautification Project. That presentation will be similar to the presentation made at the November 20, 2014 community meeting and will afford Board members the opportunity to ask questions about the project.

RECOMMENDATION

Staff recommends that the Board of County Commissioners authorize staff to proceed with the bid process for the 45th Street Beautification Project Phase 1, including resurfacing of 45th Street.

Attachments:

1. 45th Street Beautification Action Plan Excerpts 2. 45th Street Beautification Project Cost Estimate for Phase 1 and Resurfacing.

Indian River Approved Date APPROVED AGENDA ITEM:

M :\AGENDA \Current Year\20 15\45th St Beautification Project- Phase I authorization.docx 3 167

QD

Gifford Neighborhood Plan 2014

Action 8.2 - Each year, the County Road and Bridge Division will repair or resurface any publicly dedicated street in Gifford with ranking of 5. Priority will be given to resurfacing 34th A venue north of 45th Street.

Action 8.3- By 2020, the County Public Works Department will resurface 45th Street from U.S. #1 to

Action 8.4 - On an on-going basis, the County Road and Bridge Division will i 'gate all pothole complaints and fix potholes on publically dedicated streets in Gifford.

Action 8.5- By 2016, the Progressive Civic Lea ifford will coordinate with property owners along 32"d Avenue north of 43rd Street, and 35th Avenue north of 45th S , o obtain commitments for right-of-way donations so that those roads can be considered for dedication to and acceptanGe~t; the County for improvement and maintenance.

Action 8 .. 6~~ounty Public Works Department willpave 32nd Avenue north of 43rd Street, and 35th Avenue north of . ..45-tlfStreet if needed rights-of-way are donated to and accepted by the County and adequate funding for paving has been obtained.

Objective 9. 45th Street "Main Street" Beautification and Improvements

By 2020, 45th Street will be improved and beautified as Gifford's "Main Street". j

'

Action 9.1- By 2014, the County will design a phased improvement and beautification plan for 45th Street between 43rd Avenue and U.S. #1 , with input from Gifford residents at a community meeting in Gifford.

Action 9.2- By 2016, the County will improve and beautify the segment of 45th Street from 43rd Avenue to U.S. #1 with "Phase 1..." improvements consisting ofthe following:

• Widened shoulders/bike lanes (both sides of 45th Street) • Street lights, as needed, to fill-in street lighting coverage gaps • Curbing improvements along certain portions of the north side of 45th Street • Re-surfaced side street approaches on the north side of 45th Street, where appropriate • Hardscape and landscaping improvements along certain portions of the north side of 45th Street • Westbound right tum lane at 28th Court

Action 9.3- By 2018, the County will improve and beautify the segment of 45th Street from 43rd Avenue to U.S. #1 with "Phase 2" improvements consisting of the following: Community Development Indian River County 76

AJTACHMENT 1

...... 0'\ 1.0

Gifford Neit!hborhood Plan 2014

• Culverting certain portions of the canal on the south side of 45th Street • Landscaping improvements along the south side of 45th Street in the culverted areas, where appropriate

Action 9.4- By 2015, the County will seek any needed right-of-way or easement with assistance from the Progressive Civic League of Gifford from property owners along 45th Street necessary for the 45th Street beautification project east of 43rd Avenue and for 45th Street sidewalk improvements west of 43rd Avenue.

Objective 10. Traffic/Safety Improvements

By 2020, traffic safety improvements in Gifford will be identified and completed, and by 2016 appropriate improvements at Gifford Middle School will be identified.

Action 10.1- In 2015, 2017, and 2019, the County Traffic Engineering Division will monitor traffic volumes major intersections in Gifford. When warrants are met, a schedule will be developed for signalization. E.ad(report, along with any schedule, will be provided to the Board of County Commissioners and to the Progressive Civic Lea~ifford.

Action 10.2 - By 2018, the County will signalize and/or improve the 58th Avenu~ Street and 58th Avenue 49th Street intersections, if adequate right-of-way has been obtained. The Progressive Civic L~ of Gifford will assist the County during the right-of-way acquisition process.

Action 10.3- By 2016, the County will coordinate with the SchooiJ>i'Sirict to identify appropriate school zone safety improvements such as improved signing and school drop-off and pick up ar~irnprovements at Gifford Middle School, and will coordinate with the District on providing identified improvements in a timely..manner.

Objective 11. Drainage Improvements

By 2020, there will be adequate dr3inage systems in Gifford neighborhoods to handle a 10 year/24 hour storm event, where adequate outfall can be obtained.

Action 11.1 - By ) O·r8, the County Public Works Department will identify all neighborhood drainage system problems in Gifford, evaluate p~tia(solutions, and report its findings to the Progressive Civic League and the Board of County Commissioners.

Acti~.2- Each year, the County' s Public Works Department will maintain the stormwater management system that serves the /f)Ortion of east Gifford which is not part of the Indian River Farms Water Control District (IRFWCD). By 2019, the Public Works

Community Development Indian River County 77

ATTACHMENT 1

45TH STREET BEAUT/FICA TION PROJECT

Proposed Improvements for 45TH STREET BEAUT/FICA TION PROJECT

Phase I

OPINION OF PROBABLE PROJECT COSTS Roadway and Landscaping

Since the Engineer has no control over time, tabor and material cost furnished by others, or over methods of determining prices, or market conditions, all opinions rendered herein as to cost, represent Its best judgment; the Engineer does not guarantee that actual cost will not vatY fro f ,~ m opmton o cos .

ITEM NO. ITEM UNIT PROJECT QUANTITY

ROADWAY

101-1 Mobilization LS 1 $ 102-1 Maintenance of Traffic LS 1 $ 104-2 Prevention Control & Abatement of Erosion and Water Pollution LS 1 $ 108-1 Asbu ilt construction drawings LS 1 $ 110-1-1 Clearing & Grubbino LS 1 $ 120-1 Excavation CY 2 740 $ 162-1-13 Prepared Soil Laver (3") SY 7 490 $ 285-714 Optional Base Grou_p 14 SY 7,416 $ 327-70-1 Milling Existing Asphalt Pavement {1"} SY 24,900 $ 337-7-42 Tvoe SP-9.5 (Traffic Cl (1") TN 1 717 $ 337-7-43 Tvoe SP-12.5 (Traffic Cl 11.5"1 TN 452 $ 425-5-1 Manhole (Adiust) EA 2 $ 425-6 Valve Box IAdiust) EA 15 $ 520-1-10 Cone. Curb and Gutter (Type Fl LF 1 264 $ 522-2 Sidewalk (6" Thick) SY 1 280 $ 570-1-2 Performance Turf, Sod (Bahia) SY 11 000 $

LANDSCAPING

580-1A Phoenix Svlvestris(Sylvester Date Palm) (10'-12' CT) EA 25 $ 580-18 Quercus Viminiana (Live Oak) (16'-18' HT x 7'-8' SPRl EA 23 $ 580-1C Conocarus Erectus Sericeus (Silver Buttonwood) (1 0'-12' HT, 5'-6' E EA 34 $ 580-10 liqustrum Japonicum (Liqustrum Tree) ( 8'-10' HT 6'-8' SPR) EA 64 $ 580-1E Mvrcianthes Fragrans (Simpson's Stopper) (10' OAH) EA 22 $ 580-1F Thrinax Radiata (Florida Thatch Palm) (10' OAH) EA 55 $ 580-1G LeucophyUum Frutescens (Texas Sage) (20"x20") EA 1 535 $ 580-1H Tripsacum Floridana (Dwarf Fakahatchee Grass) ((24"x24"l EA 891 $

Pine Straw Mulch (Temporary) CY 75 $ SIGNING AND MARKING

700-20-11 Sign Relocation EA 25 $ 711-11-121 6" Thennoplastic White LF 10 400 $ 711-11-123 12" Thermoplastic White LF 1 165 $ 711-11-125 24" ThermoPlastic White LF 405 $ 711-11-151 6" Thennoplastic White (2'-4' Skip) LF 850 $ 711-11-152 6" Thermoplastic White (6'-10' Skip) LF 360 $ 711-11-160 ThermoPlastic White Pavement Messaoe EA 28 $

711-11-170 Thermoplastic White Arrow EA 25 $ 711-11-221 6" Thennoolastic Yellow LF 6932 $ 711-11-224 18" ThermoPlastic Yellow LF 66 $ 711-11-251 6" Thermoplastic Yellow (10-30 Skip) LF 5005 $

SUBTOTAL

UNIT COST

35,000 45,000 7,500 5 000

25,000 15.75 4.25

40.00 3.25

105 105 550 325

16.50

37.50 2.25

1 900

570.00 190.00 650.00

410.00 200.00

6.50

7.00 45.00

275 1.25

2.50 4.00 1.25

1.25

145 125.00

1.25 3.00 1.25

10% CONTINGENCY . TOTAL

PROJECT COST

$ 35,000 $ 45,000 $ 7 500 $ 5 000 $ 25,000 $ 43,155 $ 31833 $ 296,640 $ 80,925

$ 180 285 $ 47 460

$ 1 100 $ 4 875 $ 20,856

$ 48 000 $ 24 750

$ 47 500 $ 13,110

$ 6460

$ 41600 $ 9020 $ 11 000

$ 9978 $ 6 237 $ 3 375

$ 6875 $ 13 000 $ 2 913 s 1620

$ 1,063 $ 450 $ 4 060

$ 3,125 $ 8665 $ 198 $ 6,256 $ 1,093,882

$ 109,388 $ 1,203,270

Kimley-Hom and Associates, Inc. has no control over the cost of labor, materials, equipment, or services furnished by others, or over methods of determining price, or over competitive bidding or mariket conditions. Any and all professional opinions as to costs reflected herein, including but not limited to professional opinions as to the casts of construction materials, are made on the basis of professional experience and available data. Kimley-Hom and Associates, Inc. cannot and does not guarantee or warrant that proposals, bids, or actual costs will not vary from the professional opinions of costs shown herein.

K:IVRB_Roadway\Q470350BO- 45th Street Concept\ENG\OPC\OPC-Offsite_!>-23-t4.xls

170

45TH STREET BEAUTIFICATION PROJECT

Proposed Improvements for 45TH STREET BEAUT/FICA TION PROJECT

Phase II

OPINION OF PROBABLE PROJECT COSTS Roadway and Landscaping

Since the Engineer has no control over time, labor and material cost furnished by others, or over methods of determining prices, or market conditions, all opinions rendered herein as to cost, represent its best judgment; the Engineer does not guarantee that actual cost

f " will not vary from opinion o cost. ITEM NO. ITEM UNIT PROJECT

QUANTITY

101-1 Mobilization LS 1 102-1 Maintenance of Traffic LS 1 104-2 Prevention Control & Abatement of Erosion and Water Pollution LS 1 108-1 Asbu lit construction drawings LS 1 110-1-1 Clearina & GrubbinQ LS 1 285-714 Optional Base Group 14 SY 390

337-7-42 Type SP-9.5 (Traffic C) (1") TN 22 337-7-43 Type SP-12.5/Traffic Cl (1.5") TN 33 430-175-172 Pipe Culvert (72") (RCPl LF 864 530-3-3 Rubble Rip-Rap TN 87 570-1-2 Performance Turf Sod (Bahia) LS 1 580-1A Phoenix Svlvestris (10'-12' CTl EA 24 700-1-11 Single Sign Post (F&I) (<12SF) EA 6 711-11-125 24" Thermoelastic White LF 72 711-15-211 6" Thermoplastic Yellow LF 300

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $

SUBTOTAL

UNIT COST

45000 25000 15,000 5 000

30,000 40.00

105 105 255 115

7 500 1,200

340

4.00 1.25

-10'/o CONTINGENCY TOTAL

September 19, 2014

PROJECT COST

$ 45000 $ 25000 $ 15 000 $ 5 000 $ 30,000 $ 15 600 $ 2 310 $ 3 465 $ 220,320 $ 10 005 $ 7 500 $ 28800 $ 2040

$ 288 $ 375 $ 410,703 $ 41,070 $ 451,773

Kimley-Horn a_nd Associates, 1nc. nas no control over the cost of labor, materials, equipment, or services furnished by others, or over methods of determining price, or over competitive bidding or market conditions. Any and ali professional opinions as to costs reflected herein, Including but not limited to professional opinions as to the costs of construction materials, are made on the basis of professional experience and available. data. KimleyHom and Associates, Inc. cannot and does not guarantee or warrant that proposals, bids, or actual costs will not vary from the professional opinions of costs shown herein.

K:\VRB_Roadway\047035080 -45th Street Concept\ENG\OPC\OPC-Offsite_ 5-23-14 .xis

171

TO:

DATE:

SUBJECT:

THROUGH:

FROM:

INDIAN RIVER COUNTY

BillLDING DIVISION

INTEROFFICE MEMORANDUM

JOSEPH A. BAIRD COUNTY ADMINISTRATOR

JANUARY 23, 2015

CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES LOCATED AT 2313 3rd AVENUE SE, 4401 31st AVENUE, 2460-2480 41 st STREET, AND 1165 6th AVENUE

~ STAN BOLING, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT

SCOTT P. MCADAM, MCP, CB~ BUILDING OFFICIAL D v--



The structures listed in the attached condemnation list have been condemned and ordered repaired or removed by the Building Official. Said structures have been inspected by staff and are considered unsafe and detrimental to the health, safety, and welfare of the general public.

As per county code requirements, the owners of the properties and others with an interest in the properties were issued notices to repair or remove the structures within 60 days, and advised of their right to appeal the condemnation order before the Indian River County Building Code Board of Adjustments and Appeals. In addition, condemnation cards were posted on the properties. The owners were also notified that the Board would consider a Resolution to demolish the buildings and impose liens, if they failed to demolish the structures or obtain permits to repair the structures. None of the owners have applied for repair permits, demolition permits, or appealed the decision of the Building Official.

1

172

ANALYSIS:

The subject structures have been vacant for a considerable time. During that time, the buildings have continued to deteriorate and have been frequented by vandals and transients. Not only have the owners failed to maintain the structures in compliance with the Minimum Standard Codes, they have failed to bring the structures into compliance as required by posted notice. Since the owners have not filed an appeal to the condemnation order, the county may now proceed with demolition of the structures and with assessing a lien against the property for demolition and removal. Recent County demolition contracts have averaged $4,175 per residential site.

The County Attorney's Office has reviewed the title reports on these four parcels and found no encumbrances on three of the four lots. On the property owned by Titone Properties, there is an outstanding mortgage in the amount of $37,000 by Marsha A. Sullivan of New York. Ms. Sullivan received notice of the proposed demolition by certified mail and did not respond to the notice. This mortgage will have priority over the County's demolition lien.

Two of the unsafe structure sites (4401 3P1 Avenue and 2460-2480 4P1 Street) are located in the Gifford Neighborhood Plan area known as east Gifford. Demolition of unsafe structures on those sites, as proposed, will help meet the neighborhood plan objective of demolishing 10 unsafe structures in east Gifford by 2016. Also, in accordance with the neighborhood plan, the demolition project will include weed removal/control on the subject lots.

FUNDING

Funding in the amount of $25,050 (6 x $4,175) for the demolition and removal of the unsafe structures on the four residential sites is available in the MSTU Fund/Reserve for Contingency. After demolition bids are received and a demolition contract is awarded, a budget amendment will need to be processed to move those funds to the MSTU/Road & Bridge/Other Contractual Services- Account# 00421441-033490.

RECOMMENDATION

Staff recommends that the Board of County Commissioners declare the referenced structures unsafe and a nuisance and order the buildings demolished, with related debris removed from the property by a private vendor approved through standard bid procedures.

Staff further recommends that the Board adopt the attached resolution authorizing the Building Official to report the county's demolition and debris removal cost for said structures to the County Attorney for the preparation and recording of a lien to be placed on the real property of the owners of the demolished unsafe structures for the purpose of recovering the County's demolition costs.

2

173

Attachments:

I. Resolution 2. Condemnation List 3. Pictures of Condemned Structures


BY:

FOR: February 17. 2015

Indian River Co.

Admin.

Legal

Budget

Dept.

RiskMgr.

3

174


A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE DEMOLITION OF UNSAFE STRUCTURES AND THE RECOVERY OF COSTS.

WHEREAS, Indian River County has adopted the Property Maintenance Code at Chapter 403, Indian River County Code; and

WHEREAS, Section 403.08 of the Property Maintenance Code provides for the recovery of the costs of repairs to and/or demolitions of unsafe structures; and

WHEREAS, Section 100.080 of the Indian River County Code provides that the Board of County Commissioners may cause, by resolution, a lien to be filed in the Official Record Books of the County against properties on which the county has incurred demolition costs; and

WHEREAS, A notice of intent to adopt a lien resolution has been given to the proposed lienee(s),

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the unsafe structures on the properties described on the attached Condemnation List be demolished; and that any costs incurred by County government as a result of such demolition undertaken at the direction of the Board of County Commissioners shall be recovered from the property upon which each unsafe structure is located, as identified in the attached Condemnation List. The costs of such demolition shall be reported to the Building Director who shall notify the County Attorney's Office to prepare lien(s) for the recovery of those costs,

F:\Community Development\BUILDING\BCC Agendas\2.17.15 .docx ATTACHMENT 1 175

RESOLUTION NO. 2015-_

to be placed upon the real property of the unsafe structures as listed in the attached Condemnation List, any such liens bearing interest at the rate established by the Board of County Commissioners for the calendar year in which the lien is recorded, such interest to commence accruing from the date the lien is recorded in the Public Records of Indian River County, Florida, until such time as the lien, including interest, is paid.

The foregoing resolution was offered by Commissioner _______ , and seconded by Commissioner _______ and, upon being put to a vote, the vote was as follows:

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

The Chairman thereupon declared the resolution duly passed and adopted this 17th day of February, 2015.

ATTEST: Jeffrey R. Smith, Clerk

By _______________ _

Clerk of Court and Comptroller

APPROVED AS TOfjj(/ORM D LEGA UFFICIEN · .

By . William K. eBraal Deputy County Attorney


By: _____________ _


ATTACHMENT 2

176

1. Owner:

Property:

Tax ID#:

Legal Desc.:

2. Owner:

Property:

Tax ID#:

Legal Desc.:

3. Owner:

Property:

Tax ID#:

Legal Desc.:

4. Owner:

Property:

Tax ID#:

Legal Desc.:

CONDEMNATION LIST:

Bank of America NA

2313 3rd Avenue SE

33-40-31-00001-0040-000 1 8. 0

Lot 18, Block 4, Florida Ridge Subdivision, according to the Plat thereof as recorded in Plat Book 3, Page 93, of the public records of Indian River County, Florida.

Rachel Pinkney

4401 3Jsl Avenue

32-39-27-00003-0000-000 17.0

Lot 17, Lincoln Park Estates, according to plat thereof as recorded in Plat Book 2, Page 88, of the public records of Indian River County, Florida.

Beor Fund 1, LLC

2460-2480 41 st Street (3 structures on property)

32-39-26-00000-3000-00046.0

Beginning at a point 600 feet East of the SW corner of SW 1f.. of NW 1f.t of Section 26, Township 32 South, Range 39 East, Indian River County, Florida; Run E 225 feet; North 330 feet; West 225 feet; South 330 feet to P.O.B., Less to Holly Jackson & 25 feet for Road R/W.

Titone Properties LLC

1 l 65 6th A venue

33-39-12-0001 6-0000-00009.0

Lot 9, Donamerle, according to the Plat thereof, as recorded in Plat Book 3, at Page 40, of the Public Records of Indian River County, Florida.

ATTACHMENT 2 3

177

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ATTAr.J~Rr .3 tso

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c~· 1i

-:1 -7 0 ,.. 7! · , .

ATTACifiNT 3 t9l

. -~. _i;:j'~ . I . ~ , -

' I

...

ATTACHMENT 3

ATTACHMENT 3 2oo

TO:

FROM:



A~ Stan Boling, AIC Community Deve ent Director

DATE: January 29, 2015

{'01\1\lt':'.tTI'Y llf.\'f.LOPMF.NT

/~A3

SUBJECT: Review ofiNEOS New Planet BioEnergy LLC' s Ad Valorem Tax Exemption Annual Report

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of February 17,2015.

BACKGROUND

On December 20, 2011, the Board of County Commissioners held a public hearing to consider a request from INEOS New Planet BioEnergy LLC for an economic development ad valorem tax exemption (tax abatement). At that hearing, the Board considered INEOS 's application together with staffs analysis and input from the Property Appraiser's Office, Chamber of Commerce, and Economic Development Council. Based on the evidence presented, the Board found that INEOS's proposed bioenergy facility project qualified for tax abatement as a new business, found that INEOS' s application scored in the highest abatement award category under adopted scoring guidelines, granted a 10 year tax abatement beginning in 2013, adopted a tax exemption ordinance for the INEOS project, and approved a tax exemption agreement with INEOS (see attachments 1, 2, and 3). The exemption applies to approximately 30%-40% ofiNEOS' s total ad valorem tax bill (General Fund, MSTU, and Emergency Services District) and decreases during the 10 year abatement period.

Since the December 20, 2011 hearing, INEOS completed project construction, and hired facility personnel. In January 2013 and again in January 2014, INEOS filed its first and second annual reports with the County as required by the tax exemption agreement. Those reports indicated job and wage levels consistent with INEOS' tax abatement application and information from the Florida Department of Revenue. Based on that information, on February 19, 2013 and on February 18, 2014, the Board found that INEOS was in compliance with its ad valorum tax exemption requirements. After both Board actions, INEOS then applied to the Property Appraiser's Office for the exemption and the exemption was granted for"property tax year" 2013 and for "property tax year" 2014. InJanuary2015, INEOS filed its 3rd required annual report.

Under requirements of the tax exemption agreement and the County' s Chapter 1100 tax exemption regulations (see attachment #4), INEOS is required to provide a number of new jobs at a high average wage level, file an annual report on or before January 15th of each year beginning in 2013, abide by representations made to the Board, and comply with tax exemption requirements. The annual report filing provides the County with a convenient opportunity to verify compliance with tax exemption

F:\Community Development\Users\CDADMIN\AGENDA \Current Year\201 5\INEOSAdValreport 021715.docx 1 201

requirements. If at any time the Board determines that INEOS is not in compliance, the Board may revoke or revise the tax exemption.

Staffhas reviewed INEOS's annual report filed January 2015 and verified INEOS's compliance with tax exemption requirements, including representations made in its tax abatement application. At this time, staff is bringing the January 20 15 annual report and its analysis to the Board for consideration, and requests that the Board find INEOS currently in compliance with its tax exemption requirements.

ANALYSIS

Over the last 5 years, INEOS obtained approval of economic development incentives, developed a bioenergy production facility at the southwest comer of Oslo Road/741h Avenue (former Ocean Spray site), and hired facility personnel as follows:

• Spring/summer 2010: coordinated with staff on local jobs grant and tax abatement incentives; obtained BCC approval of local jobs grant.

• September 2010: obtained project site plan approval.

• March-November 2011: submitted tax abatement application and related information.

• December 2011: obtained BCC tax abatement approval (ordinance, agreement).

• March 2012: reported 41 full time employees

• June 2012: reported 49 full time employees

• September 2012: reported 53 full time employees

• December 2012: reported 56 full time employees

• January 2013: obtained C.O. (Certificate of Occupancy) for plant site work and associated permits, filed first tax abatement annual report.









F:\Community Development\Users\CDADMIN\AGENDA\Current Year\2015\lNEOSAdValreport 0217l5.docx 2 203

In its January 2015 annual report (see attachment #6), INEOS provided all the information required by INEOS 's tax abatement agreement, including information on the number of jobs, average wage, and new capital investment in the plant, if any, for the 2014 report year. The report states that the INEOS facility currently has 68 full time employees at an annual wage of nearly $63,000 per employee (not including benefits). Staff has verified that the reported jobs and wage information provided in the January 2015 report is consistent with information reported to the Florida Department of Revenue. In fact, the average annual wage ofiNEOS employees for 2014 was over $66,000. With respect to project capital investment the project has involved tens of millions of dollars in improvements and equipment, as anticipated. Based upon the filed annual report and verified items, staffhas determined that INEOS has met applicable project-related and tax abatement-related time frames and deadlines.

As anticipated in the INEOS tax exemption application, the majority of the project's assessed value consists of tangible personal property in the form of plant equipment. According to the Property Appraiser's staff, INEOS's ad valorem tax bill for 2014 was $446,908.62 and the value of the ad valorem tax exemption not included on that bill (savings to INEOS) was $278,496.26. In 2013, the savings to INEOS was $286,589.92. The 2014 figures are consistent with the tax abatement scenario considered by the Board at the time INEOS's tax abatement application was approved.

As shown in the following table, INEOS has developed a targeted industry facility, provided or exceeded the projected number of jobs, met average wage levels, and made project capital investments consistent with representations reflected in its tax abatement application.

INEOS COMPLIANCE WITH TAX EXEMPTION REPRESENTATIONS

Ap..P!_icatiou Actual{4tbQtr 2012) Actual (4th Qtr 2013) Actual (4th Qtr 2014)

Full Time 53 (30 53 (30 64 (30 63 Jobs points) points) points)

Average $58,981 (30 $58,929 (30 $62,900 (30 >$63,000 annual wage points) points) points)

Level of *$54,337,677 *$52,500,000 **$47,092,901 **$44,368, 125

local capital (20 (20 (20 investment points) points) points)

Special economic Bio-energy Bio-energy Bio-energy Bio-energy development targeted (10 targeted (10 targeted (10 targeted attributes industry points) industry points) industry points) industry

Total Points from Scoring 90 90 90 Matrix points points points

*Estimated construction!installation value of real property improvements and tangible personal property

**Assessed value for ad valorem tax purposes: real and tangible personal property (depreciated, as applicable)

F:\Community Development\Users\CDADMIN\AGENDA\Current Year\2015\INEOSAdValreport 021715.docx 3

(30 points)

(30 J~oints)

(20 points)

(10 points)

90 points

204

After review of the INEOS January 2015 annual report, staff found that INEOS's 2014 actual performance scored the same number of points under the County's scoring guidelines as scored by its 2011 tax abatement application. Therefore, staff has concluded that INEOS continues to qualify for its economic development ad valorem tax exemption as granted by the Board on December 20, 2011.

RECOMMENDATION

Staff recommends that the Board of Cotmty Commissioners find that INEOS New Planet BioEnergy LLC is currently in compliance with its ad valorem tax exemption requirements.

ATTACHMENTS

1. Approved Minutes from December 20, 2011 Board Meeting 2. INEOS Tax Exemption Ordinance 2011-011 3. INEOS Tax Exemption Agreement 4. Excerpts from Chapter 11 00 5. BCC minutes from 2/18/14 meeting 6. January 2015 Annual Report from INEOS

Indian River Co, APPROVED AGENDA ITEM:

Admin.

Legal

Budget

Dept.

Risk Mgr.

F:\Community Development\Users\CDADMIN\AGENDA\Current Year\2015\INEOSAdValreport 021715.docx 4 205

The Commissioners and Sheriff Loar discussed the ramifications of delaying this item

until the County Administrator, Management and Budget Dire.rd Sheriff can meet and

return to the Board with a plan. /

,/

Chairman Wheeler suggested tabling this.matter until January 10, 2012. , ..-,./

Commissioner Davis obsexved'that postponing this matter would give staff more time to /

evaluate the suggested $300,ooo·li,ppropriation, as well as provide time for the Commissioners to ,.r

review the Sheriff's qu~::OOd financial data. /

/ /

/ " ON MOTION BY Commissioner Davis, SECONDED by

Commissioner Flescher, the Board unanimously approved

to TABLE this item until the January 10, 2012 Board of

County Commission meeting.

-;jt 10. PUBLIC HEARINGS . 10.A:l:.J&J!$l!l.EDArJ.O.N OF INEO$ NEW PLANET BIOENERGY LLC'S .i"'l.EOUEST FOR AN

ECQ.liJlJ..l(!C JJBVELOPMENT AD VALOREM TAX EXEMPTION (TAX AiJATBMENT)

{LEGISlATIVE)

PROOF OF PUBUCA'I10N OF ADVER'I1SBMENT FOR HEARING IS ON FILE IN 11iE

OFFICE OF THE CLERK TO 1HE BOARD

Planning Director Stan Boling, through a PowerPoint presentation (copy on file),

provided background description and conditions pertaining to INEOS New Planet BioEnergy

LLC's (INEOS) request for an economic development ad valorem tax exemption (tax

abatement). He presented an analysis and verification of INEOS's eligibility for the tax

abatement program which can be granted for up to ten years, with an annual decrease in scale.

He outlined the amounts of property taxes projected to be paid by INEOS and abated over a ten

year period, reviewed the safeguards in the tax abatement program, and conveyed that the

December 20, 2011 11

A'iTACRMEIT 1 104 206

Economic Development Council and staff recommend Board approval of tbe proposed

Ordinance granting an economic development ad valorem tax exemption to INEOS New Planet

Bioenergy, LLC, with the conditions outlined in staffs recommendation.

(Clerk's Note: Please see the Board's Motion for conditions referenced above.)

The Chairman opened the Public Hearing.

There were no speakers, and the Chairman closed the Public Hearing.

ON MOTION by Commissioner Solari SECONDED by

Commissioner Flescher the Board unanimously: ( 1) found

that the INEOS New Planet BioEnergy facility qualifies as

a ''New Business" under the tax abatement ordinance; (2)

found that the application scores in the highest tax

abatement award category under the adopted scoring

guidelines; (3) granted a tax abatement using the schedule

for highest award category, with the I O·year abatement

period to begin in 2013; (4) adopted Ordinance 2011-

011, amending Title XI of the Code of Indian River

County (Economic Development Ad Valorem Tax

Exemption) by creating a new section 1100.14 granting an

economic development ad valorem tax exemption to

INEOS New Planet Bioenergy, LLC; making fmdings and

providing for severability and an effective date; and (5)

authorized the Chainnan to execute the Economic

Development Tax Exemption Agreement for INEOS New

Planet BioBnergy, LLC facility.

AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

December 20, 2011 12

AnACMMEtiT 1

105 207

ORDINANCE NO. 2011 - .Q1..L

ATRU.ECOPY CERTIFfCAnON ON LAST PAGE J.K. BARTON, CLERK

AN ORDINANCE OF TilE BOARD OF C~UNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING. TITLE XI OF THE CODE OF INDIAN RIVER COUNTY (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) BY CREATING A NEW SECTION 1100~14 GRANTING AN ECONOMIC DEVELOPMENT AD V ALQREM TAX EXEMPTION TO INEOS NEW PLANET BIOENERGY, LLC; MAKING FINDINGS AND PROVIDING :FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, Title XI of the Code of .Indian River County, entitled "Economic Development Ad Valorem Tax Exemption,•• authorizes the Board of County Commissioners to grant ,economic development ad valorem tax exemptions ("Exemption") to certain neW or expanding businesses; and

WIIER.EAS, S«tian 196.1995(1 0), Florida Statutes, requires that a,n.y QCUQtl Qf ttl~ B6ard granting an Exemption~ a new or expanding business be set forth in an ordinance; and

WHEREAS, the Board bas determined that all prerequisites to the granting of an Exemption to INEOS New Planet BioEnergy, LLC, a Delaware limited liability company, have been met, and the gmnting of such Exemption will promote and strengthen the local economy and thereby enhance the health, welfare and general well-being of the citiZens of Indian River County,

NOW, THEREFORE, BE IT ORDAINED BY TilE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORID~ TIIJ\T:

SECI'ION 1. ENACI'MEJ\'T AUTBOJYfX.

Section 3, Article VII of the Florida Constitution and section 196.1995, Florida Statutes. all1horize the Board of County Commissioners to grant economic development ad valorem tax exemptions to cermin new and E»Cpanding b1.lSinesses, upon majority vote in favor of such authority in a referecdum called for such pUIJlose. fn a teferendum held on November 2, 2010, a majority of voters in Indian River CoUirty voted in favor of such authority, and Title XI. of the Code of Indian River County, entitled "Economic Development Ad Valorem Tax Exemption" became effective.

The Board finds that the above KWhereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board Additionally, the Board specifically finds that INEOS New Planet BioEnergy, ILC ~ets the requirements of section 196.012(1 5), Florida Statutes.

ATUCHMEitT 2

106 208

ORDINANCENO. 2011 ·011

~.&'.rJPN,;;. CREATiON OF NEW SECITOfi.

A TRUE COPY CERTIFICATION ON lAST PASE J.K. BARTON, CLERK

Title XI of the Code of Indian River ColUlty, Florida, is hereby amended to create section 1100.14, as follows (new language underljned):

Section 1100.14 Economic Development Ad Valorem Tax Exemption Granted to INEQS l:$:w planet Bioenergy. LLC ("Business,'J.

(1) An economic development ad valorem tax exemption is hereby granted ~ Business whose address is 925 74ifl Avenue SW, Vero 'Beach, Florida. The exemption sb.all am>lv to its new improvements to real progaty and its new tangible personal groperty related to its new bysiness located at 925 74tli Avenue SW, Vero Beach. FlQrida. This exemption soon an:ply only to the· improvements to real property and the tangible personal proj)erty described in Business' application for mch exemption. on 1ile in the countv community sievelo_pment dtmartment,

(2) The CX:tiDWtion $all be for a term of ten (1 0) years commencing in 201;3. the first year we new im;proVeinents and new tangible :personal prqpertv will be added tg the assessment roll. The amount of the exemption shall be i specified percentage of countv ad valorein taxes for the General Fund. Municipal Seryices· Taxing Units. and ~ Services District which would otherwise be due with resoect to the new inym2vmnents and new gmgible 1W:t90al property in the absence of the exemption. The Jlpproved exemption percentages are. as follows:

Year 1 (January 1, 2013 tax roll) .. ...... .. 100% Year 2 (January 1, 2014 tax. roll) .....••... 100% Year 3 (January 1, 2015 tax rQll) ....... ... 100% Year4 (January 1, 2016 tax roll) .......... 90% Year 5 (January l, 2017 tax roll) , ......... 80% Year 6 (January 1. 2018 tiDe roll) ... .... ... 700/o Year 7 (January 1, 2019 tax roll) .......... 60% Year 8 (January 1, 2020 tax roll) .......... 50% Year9 (January 1, 2021 tax roll). ......... . 4()0;6 Year 10 (January 1. 2020 tax roll) .. ......... 30%

(3} The total amount of rev~ availab[e to the County from ad valorem tmt sources fgr the current fiscal year i§ $72.845.660; the total amount ofreyenue lost to the Countx fur @e current !isAA1 year by virtue of economic develQPment ad vplorem t,u: gem.pjions currently in effect is SQ; Sl_!d the estimated revenue loss tQ the County fot the current fiscal year if the exemption's first year hacJ.peen in effect is $193.951.

(4) The exemption shall be subject to all provisions set forth in sCctions llOO.Ol through 1100.13. Wijhout limitation. the continuation of the exemption shall be contingent uoon Business' compliance with section 1100.10 relating to "'Contipyjng Performance."

2

AnACHMEitT 2.

107 .209

ORDINANCE NO. 2011 ~ _QU.

(5) The Board speci:fically finds that Business meets the requirements of section 196.012(15), Florida Statutes.

SECTION 4. SEVER..A.JHl~fFY.

If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect.

S"ECTI}'JN 5:...EFi~'E~ DATE.

This ordinance shall become effective upon ·enactment by the Board of Cmmty Commissioners and :filing with the Department of State.

This ordinance was advertised in the Vero Beach Press Journal, on the~ day of December , 2011, for a public hearing to be held on the 20tll day ofDece.mber, 2011, at

which time it was_moved for adoption by Commissioner Snl•d , seconded by Commissioner F J eacher , and adopted by the following vote:

Chairman Gary C. Wheeler Aye

Vice Chairman Peter D. O'Bryan ·Ave

Commissioner Wesley S. Davis Aye

Commissioner Joseph E. Flescher Aye

Commissioner Bob Solari Aye

The Chairman thereupon declared the ordinance duly pass~ and adopted this 20tlt day of December, 2011.

EFFECTIVE DATE: This ordinance was filed with the Department of State on the ______ .,._..,_.> 2011.

3

AnACHMHT 2

108210

i

ATRUECOPY CERTIFICATION ON LAST PAGE J.l<. BARTON, CLERK

ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION AGREEMENT FOR INEOS NEW PLANET BIOENERGY LLC FACILITY AT

925 74TH A vENUE Sw, VERO BEACH, FLORIDA

THIS AGREEMENT is entered into as ofthe 201b day ofDecembert 2011, by and between Indian ruver County, a political subdivision of the State ofp]orida (''County") and INEOS New Planet BioEnergy, LLC, a limited liability company, organized and existing under the laws of the Stare of Delaware ("BU$iness").

WHEREAS, County has adopted the Ipdian River County Economic Development Ad V~orem. Tax Exemption Ordinance ("Ordinance•'), set forth in Title XI of the Indian River ·County Code (''Code"), and

WHEREAS, County has adopted Ordinance No. 2011 -O.l.L. ("Exemption Ordinance~>) granting an economic development ad valorem tax exemption ("Exemptionj to Business, and

WHEREAS, the Ordinance and the Exemption Ordinance both proVide that the Exemption shall not be effective until Cowty and Business enter into this Economic Development Ad Valorem Tax Exemption Agreement ("Agreement'').

NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree, as follows: ·

1. Recitals. The above recitals are true and correct and are inoorporated herein.

2. Definitions. Unless otherwise stated, all capitalized terms herein shall have the meaning set forth in the Ordinance.

3. Business' Repreaentations1 Covenants and Warranties .. At all times during the term of the Exemption. Business represents, covenants and WBriants to County that: (a) all information submitted by Business in the Application is, and was at the time of subnrlttal, true and corr~t, (b) all infonnation submitted by Business in any annual report submitted pursuant to section UOO.IO(b) of the Code will be, at the time of submittal,· true and couect, (c) each representation previously made by Business to County's Board of County Commissioners in a public meeting was. and each representation made by Business to County's Board of County Coounissionera in the future 'Will be, at the time of such representation, true and correct, (d)· Business will fully perform and remain in full compliance with all Exemption Requirements and all requirements .of· this Agreement, (e) without limitation, Business will establish and continue to provide all jobs required for Business to qualify as a New Business, as defined in the Ordinance ("Jobs"), (f) without limitation, the average wage paid by Business with respect to the Jobs during each calendar quarter will be equal to or greater than the average wage represented by Business in the Application, and (g) Business has not committed and will not conunit any Violation of Law (each of subparagraphs (a) through (:f), "Commitment'').

4. Annual Reports. On or before January l5tll of each year, beginning in 2013 and ending in 2022~ the applicant shall submit a status report to the County Community Development Department. At a minimum, the report sba11 include the name. address, and contact infonnation of the current owner

AnACMtmn' 3

109 2ll

A TRUE COPY CERTIFICATION ON lAST PAGE J.K. BARTON, ClERK

~d tbe current operator of the 'facility at 925 74ch Avenue SW, Vero Beach, Florida, a .descripl:;ion of current facility operations, the current total number of facility employees, the CWTent total and average wages of the employees, and a description of any improvements made to the facility during the previous year. The report sbaJ1 be signed by the facility owner (or authorized representative) and by the fitcility operator, and each signature shall be notmized.

5. Violation by Business of Commitntent: In the event of a violation by Business of any Corninitment, County may, in its sole discretion, (a) revoke or revise the Exemption, effective as of the date of such action, or (b) revoke or revise the exemption, effective as of the date of violation of the Commitment. ln. such case County, the Property Appraiser or tbe Tax Collector shall be entitled to recover all or any portion of taxes not paid after the date of violation as a result of the Exemption, plus interest. costs of collection IUld attorney's fees, as set forth in.section llOO.ll(b) ofthe Cede, or (c) pursue any other remedy available in law or in equity. Business shall immediately notify Coooty in writing of any facts or events which constitute ot may constitute a violation by Business of any Commitment.

6. No Limitation of County's Rights. Nothing in this Agreement shall be construed as a restriction or limitation of County's rights as set forth in general law or the Code, including the Ordinance and the Exemption Ordinance.

· 7. County's Right of Inspection. At any time during the tenn of1he Exemption, Olunty shall have the right to inspect any of Business' books and records to determine Business' compliance with all Exemption Req~rements and all requirements of this Agreement; provid~ however, that nothing in this paragraph shall be interpreted as relieving Business of its obligation to notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment, as set forth in paragraph 4 above.

8. PubUc Records. Business acknowledges that any reoords made or teceived by County in connection ~th the Exemption are subject to the Public Records Act, Chapter 119, Florida Statutes.

9. Transfer of Property Subject to Exemption. Business sh8U notify CountY of any transfer of real or personal property subject to the Exemption, within thirty (30) days of the date of such trans:6::r.

10. Form of Notice. Ally notice hereunder shall be in.writing and delivered by (i) certified mail, return receipt requested, (d) overnight or priority mail, in a form providing proof of receipt, or (iii) band delivery, with "Written acknowl.edgement of receipt by the recipient.

11. lnterpret~tion. This Agreement has been submitted to the eqtud review and scrutiny of both parties. and botli parties agree tbat it fairly and accurately sets forth the terms their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, wi~out consideDit.ion or :weight being given to the fact that it was initially prepared or drafted by any particular party.

12. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall mnain in full force and effect

AnACHMm 3

110212

.13. Go~erning Law. This Agreement shall be, governed by and interpreted in accordance with the laws of the State of Florida. ·

14. Jurisdiction and Yenue. Exclu~vc j~diction for any proceedings arising out of or relating to this Agreement shall be in the circuit court of the State of Florida. Venue shall be in Indian River County, Florida.

lS. Attorney,s Fees, etc. In any legal procee<Ungs arising out of or relating in any way to this Agreemen~ the .Preyailing party shall ~ecover from the non-prevailing part all fees, costs and expenses) including, without limitation, reasonable attorney's fees at all trial, appellate and collection levels.

16. Waive.. of Jury Trial. BACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES TRIAL BY JURY OF ANY ISSUE ARISlNG OUT OF OR RELATING lN ANY WAY TO TillS AGREEMENT. . ALL · SUCH ISSUES SHALL BE .RESOLVED BY !'!ON-JURY TRIAL.

17. Ameadment. This Agreement may be amended or modified only by subsequent 'Written agreement signed by all parties and. with respect· to County, approved by Counzy's Boatd of County Commissioners.

18. Sutcessors and Assigns. This Agreement shall be binding upon the parties and their successors and assigns.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above.

STATEOFR.ORIDA INDIAN RIVER COUNTY INEOS New Plauet BioEDergy, LLC,

a Delaware Limited Liability Company

~N-~~e<;j' ru ManasingMember . -si/~

·!·~r.nt11rmred. as to Form snd Legal Suftieiellcy:

By:C·~ . AlanS~Attomey

3 3

111213

TttrG xi. D ~CONOivHc DEVELOPMENT AD vr.~.t.oREM TAX EXEMP·noN

S~ct.l.on 1160.10. • Continurng pe:rfoi"ma.nce.

(a) The business shall continue to meet all exemption requirements during the tenn of the exemption;

(b) No later than March 1 of each year during the term of the exemption, the business shall provi~ an annual report to the director which shall certify and, if requested by the director, contain satisfactory proof, that the business continues to meet all exemption requirements;

(c) The business shall timely comply with all requirements ofF.S. § 196.011, during the term ofthe exemption; and

(d) The business shall inunediately advise the county of any failure by the business to meet all exemption requirements.

(Ord. No. 2010-014, §§ 1, 2, 6-22-10)

Sttcean 1100.11.- Rtvocatlon of ex.em~tioil.

(a) The board may revoke or revise the exemption at any time if the board determines in its sole discretion that (1) the business no longer meets all of the exemption requirements, (2) the application or any annual report contains a material false statement, such that th.e exemption likely would notbave been granted or continued if1he true facts had been known, or (3) the business is found guilty of a violation of law; and

(b) If it is determined that the business was not in fact entitled to an exemption in any year for which the business received an exemption. the county, property appraiser or tax collector shall be entitled to recover all taxes not paid as a result of the exemption, plus interest at the maximum rate allowed by law, plus all costs of collection, including, without limitation, reasonable attorney's fees.

(Ord No. 2010-014, §§ 1, 2, 6-22-10)

ATTACHMENT 4

F:\Community Development\CurDe-ABCC\2013 BCC\INEOSli ()O.doc

112 .214

~i-r tor Boling reiterated that this item is not an adoption hearing. He voiced conce ·•

om floors in the Best Management Practices (BMP) guideline · ated that

45th Street need to upgrade, replace, or hi

and noted that staff would return to

an called for a break at 1:49 p.m., and reconvened the meetz ~ t 2:15p.m.,

12.A.2. REVIEW OF INEOS NEW PLANET BIOENERGY LLC's AD VALOREM

TAX EXEMPTION ANNUAL REPORT

Director Boling reviewed his memorandum dated February l 0, 2014, presenting INEOS

New Planet BioEnergy LLC's (INEOS) request to continue with its economic development ad

valorem tax exemption requirements. He said that after review of the INEOS January 2014

annual report, staff found that INEOS's 2013 performance scored the same number of points

under the County's scoring guidelines, as scored on its 2011 tax abatement application, and

therefore asked the Board to find INEOS in compliance with the tax abatement requirements.

ON MOTION by Commissioner Solari, SECONDED by

Vice Chairman Davis, the Board unanimously found that

INEOS New Planet BioEnergy LLC is currently in

compliance with its ad valorem tax exemption

requirements, as recommended in the memorandum of

February 10, 2014.

12.B. EMERGENCY SERVICES- NONE

February 18,2014 16

215

11\JEOS l'J evv Planet BioEnergy l.,LC

January 15,2015

Mr. Stan Boling Planning Director Indian River County Community Development Department 1801 2ih Street Vero Beach, FL 32960

3030 Warrenville Road Suite 650 Warrenville , IL 60532

630.857.7166 (office) 630.544.4050 (mobile)

RE: INEOS New Planet BioEnergy LLC's Request for an Economic Development Ad Valorem Tax Exemption (Tax Abatement)- Annual Report

Dear Stan,

Attached is the required annual status report in conjunction with the Board of County Commissioners' approval of an Economic Development Ad Valorem Tax Exemption (Tax Abatement) on December 20, 201 1.

The report has been signed by Nigel W. Falcon, Site Director, INEOS New Planet BioEnergy LLC as "operator"; and, Daniel Cummings, President, INEOS New Planet BioEnergy LLC as ''owner". Both are authorized representatives, respectively.

Once you have had an opportunity to review our submission, please do not hesitate to contact myself with any questions or clarifications.

Sincerely,

' 1 (' . 1' (. Gzt:.\_" .. ( i

Leonard Cs. Vokaty, Jr. Controller INEOS New Planet BioEnergy LLC

A i'T ACrtMENT 6

216

lNEOS New Planet BloEnergy LLC

RE: INEOS New Planet BioEnergy LLC's Request fo r an Economic Development Ad Valorem Tax Exemption (Tax Abatement)

Annual Report, re: 2014 Year

January 13, 2015

Current Owner Daniel M. Cummings, President, INEOS New Planet BioEnergy LLC; 3030 Warrenville Road, Suite 650, Lisle, Ill inois 60532-3606

Current Operator Nigel W. Falcon , Site Director, INEOS New Pl.anet BioEnergy LLC; 925 741

h Avenue S.W., Vero Beach, Florida 32968-9755

Description of Current Facility Operations The INEOS New Planet BloEnergy facility is the first commercial scale Facility employing the lNEOS Bio Bioenergy technology. Utilizing a unique combination of gasification and fermentation processes, the facHity is derl)onstrating key equipment at full commercial scale using vegetative and yard waste as feedstock. The site is steadily moving towards stable operations in 2015 , focusing on improving performance metrics th roughout the year.

The project broke ground in February, 2011 with construction substantially complete in Q2, 2012, with commissioning and initial start-up in Fall 2012. l3ringing the facility on-line and up to capacity has taken longer than anticipated. Multipl.e unexpected start-up issues at the site have highlighted various modifications and upgrades over the prior 2 years. Significant capital has been invested to address to debottlenecking and optimize the process. From a commercial perspective, INPB succ~ssfully has shipped commercial quantities of ethanol to customers and has.produced renewable power for the Flqrida grid in 2014.

Current i otal Number of Facility Employees 68 full time employees at D.ec.ember 31, 2014. Over 2/3 of the employees hired for the facility are from the Treasure Coast region.

Current Total and Average Wages of the Employees Total current annualized wages (excluding fringe benefits) are approximately $4.3 million , averaging nearly $63 thousand per employee.

Description of any Improvements Made to the Facility during the Previous Year The estimated valuation of personal property investment during 2014 was approximately $7 million. Post project reviews will be performed to insure correct Classifications for county tax reporting in April, 2015.

l ocal Impact . This project has had significant positive 1mpact to the local community. Existing area businesses that provide professional services and products have benefited from the project during construction (i.e., 2011/2012) ; it has continued during the modification and upgrade phase: and, wil l continue at full plant operations going forwara. To date; building this facility has meant more than $30 million of direct investment into Florida's economy.

The plant processes over 50,000 tons of green waste (biomass) each year which previously was destmed for the Indian River County (IRC) landfill. The facility also utilizes landfill gas from the

217

IRC landfill. By processing the biomass and utuizing the landfill gas in a renewable energy facility, INPB is helping IRC meet its State of Florida recycling goals and renewable credit and environmental agenda. ·

The biomass gasification process produces renewable power from a steam turbtne, which will run the plant. and at full capacity, can deliver electricity to over 1,400 homes in the local community. The facil ity has been producing renewable power since September, 2012 and is helping FPL and Florida achieve more renewable power in the overall energy portfolio .

Submitted by:

' r) f ' :

._.> , .. ,.; . . i-.-..... A I ~ \V .___

Nigel W Fal.con Site Director INEOS New Planet BioEnergy LLC

STATEOF: ~l~t~~~{~iC~~~: ______________________ __ COUNTY OF: 'f f.,./.('at/ j!/\1- ~~ /.

Dated

Subscribed and sworn before me in the jurisdiction aforesaid on ·, )·; jl/ . f-~ "/;,, IS by I'/ ij ,:.J /.~r/ /})J.'\ .

who is perso~ally kn_2wn to me or who has produced driver license as identiilcstion. ,I

; ' ;..... /

Notary Public-

·-tt ~ /v . ~ ~'-'~)Y

Daniel M. Cummings President INEOS New Planet BioEnergy LLC

STAT~ OF: .. Tt I t'nt>f.5

COUNTY OF: {)IJ p~ ~-

My commission expires

Dated

Subscribed and sworn before me in the jurisdiction aforesaid on

who is personally known to. me or who has produced driver license as identification.

~ (f1ddu.-;~-Notary Public ~

ot lo f!; c,, My cofrlmiss~ expires

2

218

To:

Thru:

From:

Date:


Assistant County Administrator I Department of General Services

The Honorable Board of County Commissioners


Michael C. Zito, Assistant County Administrator)J./

February 10, 2015 ;::r---

Departmental Matters

Subject: Replacement of Weathered Seats in Historic Dodgertown's Holman Stadium

BACKGROUND: In January of 2015, Historic Dodgertown Staff approached the County Administrators office with a request to replace 2000 of the 6500 seats at Holman Stadium. Opening in 1953, the stadium served as the crown jewel to the relationship between the Dodgers and Vero Beach. It has hosted an unprecedented number of Hall of Fame players, managers and baseball personnel over the years. Most important to Indian River County and the City of Vero Beach, the stadium honors Mr. Bud Holman and his family. Having served as the primary recruiter to bringing Branch Rickey and the Dodgers to Vero Beach, the stadium serves as recognition to the financial impact and quality of life that Mr. Holman and the Dodgers helped bring to the region. In the early 1950's, Walter O'Malley and architect Emil Praeger went to great measures to envision a special venue that placed Vero Beach' s Dodgertown stadium as the Spring Training facility to which all others would be compared. Amazingly, even in 2003 Dodgertown was rated the #1 Spring Training complex by Baseball America, with Holman Stadium anchoring the facility's evaluation.

A Holman Stadium historical timeline regarding its construction is attached.

DESCIUPTION AND CONDITIONS: Holman Stadium today can be found to be in good condition as a whole. It serves as "the stadium" to which the hundreds of youth, high school and college baseball teams that descend upon Indian River County each year want to play in each tournament event. It has drawn an increasing amount of interest in recent years as it plays host to hometown country star, Jake Owen, as well as The Band Perr-y which benefited the American Security Council Foundation in 2014. There are calls for more events of this nature. Professional baseball has also returned with the Jackie Robinson Celebration Game featuring minor league teams that drew over 4,000 fans in its first event. This game event raised nearly $20,000 for the United Way of Indian River County. Additionally, the stadium can be found hosting Easter Service every year as well for St. Helen' s Catholic Church.

However, the drawback to these great events and its regular usage is the condition of the seats. They are aged beyond refurbishment and break often under their sun-dried condition. The seats have reached a point beyond visible eyesore and present varying levels of caution and liability. They have received undesirable attention in area media outlets and are often commented on by tourist visitors and event attendees. Years of stockpiled replacement pieces have been depleted to where the next step is to begin removing seats resulting in ban-en concrete sections.

F:\Assistant County Administrator\AGENDA ITEMS\2015\BCC 02 FEB 2015\BCC Memo - Holman Stadium seats. doc 219

ALTERNATIVES AND ANALYSIS Any and all alternative ideas have been sought as to how maintain and honor the stadium's legacy and current demands. To replace even 2,000 of the nearly 6,500 seats with brand new seats would require over $150,000 along with costs of removal and installation. Demolished and renovated stadiums offered similarly deteriorated seats or possible alternatives with large freight expenses. Extensive dialogue took place with Sun Life Stadium in Miami as they remove 70,000 orange seats, but labor and transportation expenses outweighed the positive cost savings. Samples have even been sent to New Zealand to a company that chemically treats and refurbishes existing seats. The result was a still very brittle seat that had a look of being painted with a thick water color.

Archer Seating of Pittsgrove, New Jersey deals in buying and refurbishing stadium seats already in quality condition. A current inventory of seats originally in Camden Yards (Baltimore Orioles) is available when Archer Seating desires to create space in their warehouse. The proposal is to sell only the plastic back and bottom, which significantly reduces freight expenses because it includes no ironwork. This plan also eliminates any unforeseen installation issues (concrete, bolting) that could arise with the removal and installation of complete seats. Seats from this same inventory have been installed in two Wisconsin stadiums with great success. Sample seats have been installed at Holman Stadium and presented no issues of alignment or otherwise. Replacing only the plastic backing also does not change in anyway Holman Stadium's seating map, historic concerns or ADA compliance rules.

Archer Seating has offered this inventory at $20 per pair of back and bottom plastics. If plastics were purchased new, just a single back or bottom would exceed that price. To consider 2,048 backs and bottoms, the amount needed to replace the lower seating bowl configuration between 1st and 3 rd base, the invoice price for purchase and delivery is $43,600.

Holman Stadium's upper level navy blue seats are in presentable condition and could remain intact. All quality condition seats in the replacement area could in turn replace the worst that remain in the outlying area down each outfield baseline. As a result, Holman Stadium would feature adequate seating through the primary area of the infield seating from top to bottom.

The coordination to install would be a collaborative effort between Historic Dodgertown and Indian River County. Additional possibilities include a volunteer call-out or the utilization of inmate work programs.

FUNDING: Funding for this expense in an amount not to exceed $50,000 is available from Tourist Tax Reserve Funds.

Account Descri tion Account Number Tourist Tax/Historic Dodgertown/Maintenance- Other Equipment 11916275-034690

RECOMMENDATION: Staff respectfully requests that the Board waive the requirement to bid the purchase of 2000 Stadium replacement seats and authorize staff to facilitate the purchase of the Archer Seating alternative.

F:\Assistant County Administrator\AGENDA ITEMS\20 15\BCC 02 FEB 2015\BCC Memo - Holman Stadium seats.doc 220

ATTACHMENTS: Holman Stadium Construction Timeline Holman Stadium seat replacement area renderings Invoice from Archer Seating

DISTRIBUTION:

Approved Agenda Item

BY:

FOR:

.4. &turd Joseph A. Baird

County Administrator

February 17, 2015

Indian River Co.

F:\AssistantCounty Administrator\AGENDA lTEMS\2015\BCC 02 FEB 2015\BCC Memo- Holman Stadium seats.doc

Date

221

DODGER TOWN

March 5, 1952

Walter O'Malley announces the Dodgers will build "a little 5,000 seat stadium" at Dodgertown in Vero Beach, Florida. The stadium purpose is to attract more major league teams to play the Dodgers in exhibition games in Vero Beach. O'Malley also discussed the possibility of the building of a new stadium in Brooklyn to replace Ebbets Field. O' Malley acknowledged architects had ideas to improve the fan's enjoyment in watching the game. "These fellows do have some good ideas, such as building the stands so that all seats face home plate." .Q

March 7, 1952

Walter O'Malley released his plans to get a 5,000 seat stadium at Dodgertown. The architect for the stadium is introduced as Captain Emil Praeger. O'Malley says of the stadium, "If 5,000 seats is too big a job, perhaps we can start with 3,500 and add the other seats later." ~

March 8, 1952

Walter O'Malley discusses the building of a baseball stadium at Dodgertown. "So far as I know, no other major league club has built a ball park at a training site. But we have a twenty-one year contract here and are looking far ahead." 1.Q

March 11 , 1952

Walter O'Malley w rites to architect Emil Praeger regarding the foundation regarding the potential stadium to be built at Dodgertown. "Bud Holman tells me that we could excavate to a depth of 4 feet and have no worries. Other seems to think three feet would be safe. They all say that we should have a grass crease to drain the field to the ditches. Inquiries in the last several days regarding our box and reserve seats for our two exhibition games has caused to revise the pro-ration of seats. We now feel that there should be 2000 box, 2000 reserve and 1000 general admission." 11

May 15, 1952

Walter O'Malley writes to Bud Holman on the importance of selection of the right contractors to build a new stadium at Dodgertown. "It is important in talking to the contractors to have them realize that the concrete must be poured in place in such a way as to give accurate lines, levels and slopes as this type of stadium, for good appearance, depends on accuracy and quality of the work. 20

222

August 27, 1952

Walter O'Malley reports to the Brooklyn Dodger Board of Directors his recommendation of the naming of the new baseball stadium at Dodgertown in Vera Beach, Florida. 'The Chairman then reported on the work on the stadium at Vero Beach. He stated that the work was 60% complete, and that the first concrete step tier had been poured and it looked like a good job. He advised the Board that there is no present indication that there will be any increased cost in the construction of this stadium. Mr. O'Malley then discussed the name of the stadium, and called to the attention of the Board the inestimable value that Mr. Bud Holman had been in establishing cordial relations between the Brooklyn Baseball Club and the people in the City Council ofVero Beach, and it was, in his opinion, fitting that Mr. Holman be rewarded by having the stadium named after him. After discussion, it was the unanimous opinion of the Board that the stadium should be named after Mr. Holman, and, on motion, duly made, seconded and unanimously carried, it was RESOLVED, that in consideration otthe assistance given by Mr. Holman in the establishment of cordial relations between the people of Vero Beach and the Brooklyn National League Baseball Club, and in gratitude for Mr. Holman's efforts in helping the success of the Vero Beach camp that the stadium to be erected at Dodgertown, Vero Beach , Florida, be named "HOLMAN STADIUM" and that a copy of this resolution be forwarded to Mr. Holman." 24

February 18, 1953

Walter O'Malley on the 1953 Spring Training season said, "1953 will be a red-letter year in the relationship between the Dodgers and the city of Vero Beach. This spring baseball's newest park, Holman Stadium, will be opened. This will give the city not only the most elaborate Spring Training camp in the world, but one of the finest minor league parks." z

March 11 , 1953

Roscoe McGowen of the New York Times addressed his story this way in the dedication of Holman Stadium, the new formal baseball stadium at Dodgertown. "The dedication of the Dodgers' beautiful little Holman Stadium today was a rousing success on all counts. Among the notables attending the first game at Holman Stadium was Bud Holman, the man who convinced the Dodgers to have their Spring Training in Vera Beach; Baseball Commissioner Ford Frick; National League President Warren Giles and American League President Will Harridge and Connie Mack, long-time manager and owner of the Philadelphia Athletics. Pre-game ceremonies caused the game to start 30 minutes late. Dodger President Walter O'Malley presented a plaque to Holman that read , "The Brooklyn Dodgers dedicate Holman Stadium to honor Bud L. Holman of the friendly city of Vero Beach. Walter F. O'Malley, President, Emil H. Praeger, C.E. designer." The Dodgers won the game 4-2 as Carl Erskine made the first pitch and allowed one run in four innings. 24 Kay and Walter O'Malley's daughter Terry O'Malley and son Peter O'Malley, send a telegram to their father to congratulate him on the opening of Holman Stadium. The telegram read "Congratulations on Holman Stadium Opening Day. Hope we win." 25

223

I

ARCHER SEATING CLEARINGHOUSE 1510 Jesse Bridge Road

Invoice 12915

Pittsgrove, NJ 08318 856-692-0242 USA

1

2 1

Ship To: Mr. Brady Ballard Vice President Historic Dodgertown 3901 26'th Street

Vera Beach, FL 32960 904-545-2700

Bill To: [email protected]

n'\AI",,.t:,n Seating model 50S seats and backs. Color code 85 baseball green.

us from Camden Yards, 19" wide. bottoms will be 18" but the fit 19"

by drilling or opening existing holes. Number tags to be determined. Plastic in good condition, no fading. Removed

1'st base side.

$20.00

Dedicated truck 17,000 lb on about 24 $2,600.00 2,600.00

pallets to a loatnL dock o~1~orkl!ft J,;i;J2.~

_,... L.. Ll ' I 2. '(- 2 5-~';; -rc:::ve rJ 12::-h9r

Archer Seating Clearinghouse Tax 10 number is 22-3330964

Archer Seating Clearinghouse Dunn & Bradstreet Is 92-661-0601

NO TAX ON INTERNET GENERATED ORDERS

226

Indian River County Inter-Office Memorandum

Office of Management and Budget



SUBJECT: Potential Refunding of Land Acquisition Bonds Series 20

FROM: Jason E. Brown, Director, Office of Management & Budget

Background

Departmental Matters

J~£L

On November 2, 2004, the voters of Indian River County approved a referendum authorizing a $50 million bond issue for the purchase of environmental, agricultural and historic properties. On May 23, 2006, the Board of Commissioners approved and adopted the Award and Sale (Resolution #2006-067) for the Indian River County, Florida, Limited General Obligation Bonds- Series 2006 in an aggregate principal amount not to exceed $50,000,000. This bond issue reaches final maturity on July 1, 2021 , and the bonds are callable beginning on July 1, 2016.

Analysis

The County's Financial Advisor, First Southwest, has notified staff that there is the potential to refund the existing bonds at a significant savings to the County. First Southwest has provided estimated savings based upon two potential options for refunding the current bonds. The first option is through the issuance of an uninsured bond issue, which has been the typical means of financing used by the County. The second option is to issue a bank loan through an RFP process. Based upon recent market rates, the bank loan option is projected to provide a slightly lower borrowing cost (1.84%) than the bond issue (1.94%). It should be noted that over half of the municipal issues last year were funded through bank loans. Additionally, bond issues over the proposed term typically would not be callable whereas bank loans typically can be repaid early without prepayment penalties. This would provide the County with additional flexibility to pay the debt off prior to final maturity if such an opportunity arose.

As contemplated, the County would refund $19,075,000 in bonds outstanding. Based upon recent market rates, the estimated net present value (NPV) savings would be about $1.1 million dollars, or 6.05% of the refunded amount. The County has typically pursued refunding whenever the NPV savings exceeds 5.0%. At the projected rates, this would result in debt service reduction of about $170,000 per year and allow for a modest reduction on the ad valorem millage rate (currently 0.3694 mills).

Staff Recommendation

Staff recommends that the Board of County Commissioners approve the issuance of a Request for Proposals for a bank loan to refund a portion of the Limited (Land Acquisition) General Obligation Bonds, Series 2006.

Indian River County Approved Date

Administrator

County Attorney

Budget

FOR: February 17, 2015 Department

227

DATE:

TO:

THROUGH:

FROM:

SUBJECT:

BACKGROUND:

INDIAN RIVER COUNTY

OFFICE OF MANAGEMENT AND BUDGET

PURCHASING DIVISION

February 9, 2015



Jason E. Brown, Budget Director

Jennifer Hyde, Purchasing Manage{]/:

Approval of Firm Selection for RFP 2015024- Lessee to Provide Concessionaire Services at Sandridge Snack Bar

Concession services at Sandridge Golf Course (''Snack Bar") were provided and managed by the

County, utilizing County staff, until September 30, 2007, when operational losses and the need to

reduce the annual budget led to outsourcing via Request for Proposals (RFP). The first lease with April Norman was for $4,151.67 per month, and was terminated by mutual consent, effective March 31,

2010, and a new RFP issued to select the new tenant. The current lease with Peggy Cardell & Associates, Inc. is effective April 1, 2010 through March 31, 2015. An RFP was issued to obtain

submittals from potential lessees for the period beginning April1, 2015.

RFP RESULTS:

Advertising Date:

RFP Opening Date:

DemandStar Broadcast to:

Specifications Requested by:

Replies:

ANALYSIS:

December 7, 2014

January 16, 2015 at 2:00pm 154 Subscribers

10 Firms 3 Firms

A selection committee comprised of the Assistant County Administrator, the Director of Golf and the Budget Director independently evaluated and scored the proposals, based on company qualifications

and references, staff qualifications, operation and management plan, lease proposal and initial renovation investment. These scores were compiled by the committee and an initial overall ranking of

the submittals developed. All three firms were subsequently invited to interview with the selection

committee, however no change to the ranking resulted. The final rankings established by the committee are:

1. Di'Michelli's Catering, Inc.

2. Tee Time Cafe

3. Knudson Concessions

228

After release of the proposed final rankings, Ms. Peggy Cardell of current tenant Tee Time Cafe, requested copies of the other submittals. After receipt of those documents, the tenant subsequently submitted a letter protesting the ranking through her attorney, claiming the top ranked firm did not complete the Proposal Pricing Form in accordance with the requirements of the RFP and should not have been considered, and also that the County will receive less income from the type of lease proposed by the top ranked firm. After investigation, and in accordance with the Protest Procedure as described in the Purchasing Manual, the Purchasing Manager determined both claims regarding the validity of the RFP ranking were unsubstantiated, and the protest was denied. With the concurrence of the Budget Director, Assistant County Administrator and County Attorney, a notification of decision regarding the protest was sent to Ms. Cardell's attorney, which also informed them of their right to appeal the ranking and denial of the protest at this Board meeting. Copies of the protest letter and the County's response are attached.

FUNDING: No funding is required, as the lessee will provide monthly payment to the County in return for use of the facility. The County currently receives a lease payment of $22,430 per year from the current tenant. The first ranked firm has proposed a lease payment of 10% of gross food sales and 15% of gross liquor sales. Based upon sales from the last year the County operated the Snack Bar (FY 2006/07), this would result in annual payments of about $28;000.

RECOMMENDATION: Staff recommends the Board approve the committee's final rankings and authorize negotiations with the top ranked firm, with the agreement to be presented to the Board for approval at a later date.

Attachments: Score Snapshot Letter of Protest Letter of Decision Regarding Protest


FO

Indian River Co Admin

Legal Budget

Department

Risk

Ap~d Date

fl'i1 WI~/ IS' tL ~ o.·.lf. ir

' { "' Z/10115 I

v

229

Company Qualifications Staff Qualifications O&M Plan Lease Proposal Initial Renovation Investment Total Points

Total Cost Proposal Quais and Management Plan

w ~ =

Jason Brown

Bela Nagy

Michael Zito

Average

Initial Rank

Max Points 20 15 15 25 25 100

50 50

JB 19 13 9 20 20 81

40 41

Score Snapshot

RFP 201 5024 - Sandridge Concession

Vl = Qi .s::. .!:::! ~ c

Rank 1

2

1 1.33

1

Di'Michelli's BN 18 13 10 15 25 81

40 41

Ill c 0 Gl c-

0 ~ E Vl Gl i=, "C 1.1 ::::J c e~~.! c 0 Gl ta ::.:: u 1-U

Rank Rank 2 3 3 1

3 2 2.67 2.00

3 2

Tee Time Cafe MZ JB BN 19 15 18 14 10 14 10 12 5 13 22 24 22 18 22 78 77 83

Average 35 38.33 40 46 43 41 .67 37 37

Knudson Concessions MZ JB BN MZ 17 17 15 17 10 12 10 11 13 12 12 13 21 20 20 18 15 17 20 13 76 78 77 72

Average Average 36 40.67 37 40 31 36.00 40 38.00 41 37 41 39.67

BFtUCI D. BARKETT S

US:A THOMPSON BARNES 3,'

CAI..VlN 10. IOROWN

GEORG~ 13. COl-LINS, JR. 1

MlCHAEL. .J. GARAVAGL\A 4

RONALD KErTH LAWN 2, 1

NJCHOLAS L. SRUCE2.7

AARON V. JOHNSON

MiCHAEL G. KISSNER, JR.

c. COUGt.AS VTTUNAC

WlL.LIAM W. CAl-DWELl., OF COUNSeL

STEVEN L.. R&NDERSON, OF COUNS&L t

Jason Brown

Collins, Brown, Caldwell, Bar~ett, Garavaglia & Lawn

CHART£RED

ATTORNEYS AT LAW

756 BEACHLAND BOULEVARD, VERO BEACH, FI..ORIDA 32963

POST OFFICE BOX 3686. VERO BEACH, Fl. 32964-3686

TELEPHONE: 772·231·4343

I'ACSIMIL.£: 772·234·5:C:13

EMAil.: [email protected] • WESsn<:: WWW.VEROI.AW.COM

February 4, 2015

Office ofManagement and Budget Indian River County 1801 27th Street Vero Beach, FL 32960

1 80ARI> cz:R'TV'IED REAL ESTATE

2 MA.STER OF lAWS TAXATION

3 MASTER OP' LAWS REAL PROPER"'Y DIEVfi.CJPMENT

4 MASTER OP LAWS ESTATE PLAIININO AND m.DER LAW

5 CERT'IPlm Cli'CUif M£l>IA.TOff

8 ALSo AD~ 1N DC AM> SC

7 ALSO A!)Wl"Tl'D .. GA

8 .Al.SO ADMrl"'t''!D W T'HJ!: COUMONWEALnt OF

THl!: 8AKAACAS

RE: Agreement For Food Concessions Services and Lease Between Indian River County and Peggy Cardell & Associates, Inc.

Dear Mr. Brown:

Our firm is representing Peggy Cardell & Associates, Inc., the current operator of Tee Time Cafe at Sandridge. As you know, our client has been the operator for five years. The County has put the lease out for bid with bidding instructions. Our client was one of the bidders but unsuccessful.

The purpose of this letter is to raise our client's right to protest under the bid procedures. The County's bid requirements specifically required each bidder to submit a proposed annual lease and the monthly lease payment. Our client submitted a bid in compliance with the County's requirements. The party that won the bid failed to submit specific dollar amounts and instead submitted prices of gross food receipts and prices of gross liquor receipts.

The method used by the winning bidder was not in compliance with bidder requirements. My client further believes that the County is shortchanging itself. My client has prepared a schedule which shows the dollar amounts the County will receive if percentages were used as submitted by the winning bidder. There is a substantial difference. As you know, our client is currently paying $2,000.00 a month. The attached exhibit reflects the monthly amount would be substantially less except for the month of January.

REAL PROPERTY t.AW & REAL ES"'PQ"E CLOSJNGS • PLANN!NG, ZOr-ti'N'G, LAND USE l.AW , WJUS, TRUstS & ES"DU'2S PLANNlNG • CML & BUS1N5S TRIAL. PRAcnCE • CORPORAJU & BUSINESS ORGANlZR\ON

CONSTAucnON t..AW • GUARDtANSt-nP • INSUAAN'C£ lAW • HEALTH LAW • P£RSONAL JNJURY AND ~ONGFUL. DE'AJ'H • OUM!NAL • PROBArE Q TRUST ADMIN~N ,. FAMILY LA.W

231

Jason Brown February 4, 2015 Page2

Please accept this letter as a formal protest and appeal and advise this office when our client will be given an opportunity to present their protest and appeal.

GGC, Jr.:bb Encl. cc: Peggy Cardell

Michael C. Zito Joseph A. Baird Bela Nagy

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George G. Collins, Jr. For the Firm

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234


February 6, 2015

George G. Collins, Jr. for Collins, Brown, Caldwell, Barkett, Garavaglia & Lawn, Chartered 756 Beachland Boulevard Vero Beach, FL 32963 Email: [email protected]

Reference: Decision Regarding Protest of Indian River County Request for Proposals 2015024- Lessee to Provide Food Concession Services at Sandridge Golf Course

Dear Mr. Collins:

We are in receipt of your letter of February 4, 2015 protesting the ranking of respondents for the Lease for Concessionaire Services at Sandridge, on behalf of Peggy Cardell & Associates, Inc. After review, the protest is denied.

Background Concession services at Sandridge Golf Course ("Snack Bar") were provided and managed by the County, through utilization of County staff, until September 30, 2007, when operational losses and the need to reduce the annual budget led to outsourcing via Request for Proposals (RFP). The first lease with April Norman was for $4,151.67 per month, and was terminated by mutual consent, effective March 31, 2010. The current lease with Peggy Cardell & Associates, Inc., effective April1, 2010 through March 31, 2015, is for $2,000 per month.

The County issued RFP 2015024 for a new lease, to be effective April 1, 2015. Indian River County received proposals (or "responses") from three potential lessees on January 16, 2015 (Di'Michelli's Catering, Inc., Knudson Concessions, and Tee Time Cafe). At opening, all three responses were determined by the Purchasing Division to meet the minimum submittal requirements (the required number of copies were provided, the addendum to the RFP was acknowledged, and the Sworn Statement Under Section 105.08, Indian River County Code on Disclosure of Relationships, the Qualifications Questionnaire and the Proposal Pricing Forms were enclosed). The responses were distributed to the Selection Committee, which was comprised of Director of Golf, Bela Nagy, Assistant County Administrator, Michael Zito and Budget Director, Jason Brown.

The Selection Committee was tasked to independently review and score the submittals based on the scoring criteria pre-assigned within the RFP:

1. Company Qualifications and References (20 points maximum) 2. Staff Qualifications (15 points maximum) 3. Operation and Management Plan (15 points maximum) 4. Lease Proposa l (25 points maximum) 5. Initial Renovation Investment (25 points maximum)

Office of Management and Budget • Purchasing Division 1800 27th Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140

E-mail: [email protected]

235

Response to Tee Time Cafe Protest- final

On their Proposed Lease Pricing Form, Di'Michelli's Catering provided percentage of gross food and liquor receipts as their lease amount, rather than offering a set monthly dollar amount. All three members of the Selection Committee were very knowledgeable regarding revenues received during the period when the Snack Bar was operated by the County and therefore were comfortable evaluating the lease proposal in terms of a percentage of revenue.

The Selection Committee met on January 26, 2015 to compile their individual scores and develop an overall initial ranking of proposers, as described in the RFP. The initial ranking was: 1. Di'Michelli's Catering 2. Tee Time Cafe and 3. Knudson Concessions. The Selection Committee determined it would be beneficial to i'nterview each of the three firms. All three proposers interviewed with the Selection Committee on January 30, 2015. At the conclusion of the interviews each committee member indicated their ranking of proposers had not changed as a result of the interviews, and agreed the recommended results be presented to the Board of County Commissioners.

Basis for Denial of Protest The submitted letter of protest states "The County's bid requirements specifically required each bidder to submit a proposed annual lease and the monthly lease payment...The party that won the bid failed to submit specific dollar amounts ... " The RFP's submittal requirements ("Cost Proposal" on page 5 of the RFP documents) state only that ''The contractor shall provide pricing information on the enclosed Pricing Form." There are no instructions within the RFP document requiring specific dollar amounts be used.

The submittal of lease amount in percentage of sales rather than in dollar amount does not invalidate the submittal, and the Selection Committee did not act inappropriately by considering Di'Michelli's proposal.

The protest also states "the County is shortchanging itself" by considering a percentage of revenue lease term, rather than flat monthly rate, based on the current lessee's provided monthly revenue (which suggests an average monthly lease payment of $1,579.38). It is not feasible to utilize the data provided by the protestor to predict the average monthly lease, as it covers only six of the past seven months (October's revenues were omitted), and does not cover a full 12-month period. In fact, the revenue data provided in the protest letter omits at least two of the highest revenue months of the year (February and March). In 2014, revenue for the month of March was 39.1% greater than January of 2014. The limited data submitted by the protestor does not indicate monthly lease payments would average less than the current fixed lease of $2,000 per month (or the $2,100 per month offered by the second-ranked proposer).

Revenues during the period of October 1, 2006 through September 30, 2007 (when the Snack Bar was operated by the County), were $91,449 for alcohol and $152,553 for all other items (food, beverage and tobacco). Without inflation, this would equate to an average monthly lease payment of $2,414 to the County.

Data from previous years also indicate equivalent, if not higher lease payments are possible at the percentage of gross sales method. Total Snack Bar revenues for FY 05/06 were $226,632. Revenues for fiscal years 03/04 ($200,501) and 04/05 ($195,426) are also comparable, even though the golf course was closed for an extended period at the end of 03/04 and beginning of 04/05 as a result of Hurricanes Frances and Jeanne. These numbers again represent uninflated dollars.

A concessionaire motivated to maximize their own revenues would, in all likelihood, increase the County's revenue under a percentage of sales agreement. It has not been shown that the County will receive less monthly revenue by choosing a percentage of sales lease over a fixed amount lease; rather, our data suggests the opposite.

236

Response to Tee Time Cafe Protest- final

The proposed monthly distribution to the County from the lease was only 25% of the overall criteria for award in the RFP. While Tee Time Cafe proposed the highest guaranteed monthly income to the County, factors such as qualifications of the proposed lessee and their staff to provide good service at a fair price were also considered, and in those service-oriented categories, Tee Time Cafe scored lower than the other two proposers.

Conclusion Indian River County sincerely appreciates Ms. Cardell's participation in the RFP process, however the protest of our proposed ranking of responses is denied. The final ranking of proposers will be presented to the Board of County Commissioners at its February 17, 2015 meeting, at which time staff will request authorization to negotiate a final lease with the top-ranked proposer.

Should Ms. Cardell disagree with the denial of her protest and the basis described in this response, she may appeal this decision to the Board. To do so, as required by the County's protest procedure (page 24 of the Purchasing Manual), a written notice of appeal shall be submitted by the protestor to the Purchasing Manager within seven (7) calendar days of receipt of this decision. Should we receive a timely request to appeal, we will ask the Board to consider it at the February 17, 2015 meeting, at the same time it considers the award of the RFP.

Please feel free to contact me at 226-1575 or by email at [email protected] if you or your client have any questions regarding the protest procedure.

Sincerely,

:2~~~;~y~'~J~ Purchasing Manager

cc: Jason Brown, Budget Director Michael Zito, Assistant County Administrator Bela Nagy, Director of Golf Dylan Reingold, County Attorney Joe Baird, County Administrator Juliann Freitas, Owner, Di'Michelli's Catering, Inc.

137

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

County Attorney's Molters - B. C. C. 2.17. 15

Office of INDIAN RIVER COUNTY

ATTORNEY J3A

MEMORANDUM

TO: Board of County Commissioners

FROM: Dylan Reingold, CountyAttomeyQ()/"

DATE: February 11,2015

SUBJECT: First Amendment to Court Funding Interlocal Agreement

BACKGROUND

In 2010, the Chief Judge for the 19th Judicial Circuit (the "Chief Judge"), the Clerk of the Circuit Court for St. Lucie County, Indian River County, Martin County, Okeechobee County and St. Lucie County (the "Counties") entered into an interlocal agreement concerning court funding consistent with the provisions of Section 29.008, Florida Statutes (the "ILA"). Since that time, St. Lucie County requested an amendment to the ILA (the "Amendment"), which includes a provision that the annual budget include a reimbursement to St. Lucie County for general and administration expenses. Such expenses will be determined using the St. Lucie County cost allocation plan, with backup documentation to be provided with the budget submittal. The only other substantive change deleted the reference to reducing the proposed budget and replaced that language with language clarifying that the Counties will comply with the requirements of Section 29.008, Florida Statutes and that the Chief Judge will be notified of any amendments to the budget within ten days of any of the Counties taking action. Other changes initially requested have been removed from the proposed Amendment.

Approved for February 17,2015 BCC Meeting County Attorney's Matters

/---------~COUNTY ATTORNEY

Indian River Co.

Admin.

Co. Atty. Budget

Department Risk Management

Ap~ved Date

(\ JSJ ~J,~Jts () ~ ~ - 12./\\} ~ { 'J ~ 1111 6

I --} ---\.L ---

238

Board of County Commissioners February 11, 2015 Page Two

FUNDING

The current year approved budget includes total funding of $364,868 for the County's portion of Court Administration costs for the Circuit (total funding - $1,547,929). Funding for these expenses is provided through a combination of sources including; General Fund ($13,142), Court Facility Surcharge Fund ($26,675), Local Options Fund ($74,422), Court Technology Fund ($245,721), and the Clerk's Mediation Trust Fund ($4,908). The proposed amendment does not directly impact the approved funding level for Court Administration. There will be a $63.00 recording cost for recordation ofthis Amendment in the Public Records of Indian River County. Funds for this cost are available from the General Fund/County Attorney's Office/Recording Fees - Account No. 00110214034830.

RECOMMENDATION

The County Attorney recommends that the Board approve the proposed Amendment to the ILA and authorize the Chairman of the Board to execute any documents necessary to effectuate the ILA.

ATTACHMENT(S).

Proposed Amendment

F:".Auorney\UndtJ\GEN£RAV.8 C C'lAgtmlo Mtmos'.A1Mndm~nt to Coun Fv11ding JU.d<Jc

239

FIRST AMENDMENT TO INTERLOCAL AGREEMENT

COURT FUNDING

THIS IS A FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT by and between CHIEF JUDGE FOR THE 19TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA {"Chief Judge"), CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA ("Clerk"), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit (the "Counties"), for the purposes of providing required services to the Chief Judge.

WHEREAS, Section 29.008, Florida Statutes (2012), provides that the counties within a judicial circuit must provide county funding for court related functions; and

WHEREAS, the parties previously approved an Interlocal Agreement pertaining to Court funding; and

WHEREAS, the Chief Judge, the Clerk and the Counties desire to amend the Interlocal Agreement as set forth herein; and

WHEREAS, nothing in the lnterlocal Agreement or this First Amendment shall be considered a waiver of the authority of the Chief Judge to identify local requirements as provided in Section 29.008, Florida Statutes; and

WHEREAS, nothing in the Interlocal Agreement or this First Amendment shall restrict the constitutional, statutory, or inherent authority of the Chief Judge to ensure the administration of justice within the Circuit.

In consideration of the mutual advantages accruing to the parties, the Chief Judge, Clerk and the Counties agree as follows:

1. Section 1A. "PROCEDURE TO REVIEW AND APPROVE THE COURT ADMINISTRATION BUDGET" is amended to read as follows:

A. The Chief Judge agrees to present a total unified budget for each fiscal year (October 1-September 30) by April 1 of each year beginning April 1, 2009, to each County respectively. The unified budget shall separately identify budget requests that are mandated by Section 29.008(1). Florida Statutes. from budget requests to meet local requirements. The unified budget shall also include a charge for general and administration exoenses to reimburse St. Lucie County for the cost of administering the Court Administration budget and related funds. The general and administrative expenses will be calculated using St. Lucie County's cost allocation plan. Backup documentation for the calculation will be included with the Court Administration budget submittal.

1 S:\ATTY\AGREEMNT\INTERLOC\COURT FUNDING lA (1-27-15)

240

Upon receipt of the budget, the budget shall be referred to a Court Administration Budget Committee, which shall be composed of one (1) representative and an alternate from each of the four (4) counties as appointed by each Board of County Commissioners, respectively. The members of the Committee shall review the proposed budget and may schedule meetings with the Chief Judge to discuss the proposed budget. All meetings of the Committee are subject to the provisions of Section 286.011, Florida Statutes. The Committee may make recommendations to the four (4) Boards of County Commissioners as to whether to adopt, not adopt, or amend the proposed budget. The Committee shall complete its deliberations by June 1st of each year.

2. Section 18 "PROCEDURE TO REVIEW AND APPROVE THE COURT ADMINISTRATION" is amended to read as follows:

B. The proposed budget shall then be presented to each of the four (4) Boards of County Commissioners for consideration during the Boards' normal budgetary process. The proposed budget shall be subject to the approval of each of the four (4) Boards of County of County Commissioners. The Counties agree that the proposed budget may not be increased without the consent of all four (4) counties. The Counties agree to comply with the requirements of Section 29.008. Fla. Stat. Cas may thereafter be amended) concerning the proposed budget.

In the event oft The four (4) Boards of County Commissioners cannot reduce the budget below the required increase pursuant to Section 29.008, Florida Statutes: however, if the requested budget increase is higher than the amount reauir=ed bv Florida Statutes. it is at the discretion of each Board to detern=tine whether to fund any or all of the increase over the statutory an=tount.

The four (4) Boards cannot reduce the court technology fund budget below the requested budget unless the requested budget exceeds the required increase I:'Ursuant to Section 29.008, Florida Statutes. In the event that the requested budget is higher than the recording fees revenue. the four (4) counties Board have to agree to fund the shortfall from other funding sources as mandated by Section 29.008. If any of the four (4) Boards of County Commissioners detern=tines to reduce he total unified budget as proposed, the Board{s) reducing the proposed budget shall amend~ the proposed total budget, in accordance with Section 29.008, that Board should adopt the amended total budget and notify the Chief Judge and Court Administrator. and other counties of the action taken on the budget within ten {10) days.

The amended total budget, if reduced by one (1) or more of the counties, shall be deemed to be the approved budget by all four (4) counties. The Counties acknowledge that the effect of this section will be that any of the four (4) Boards of County Commissioners may reduce the total budget related to local requirements or non-mandated expenditures without the consent of the other counties and that the lowest approved total budget shall be deemed to be the total budget approved by the Counties. Budgets approved by each County should reflect the amount they are

2 5:\ATTY\AGREEMNT\JNTERLOC\COURT FUNDING lA (1-27-15)

241

willing to fund regardless of revenues received. Each County shall notify the St. Lucie County Management and Budget Department of its final adopted budget for the fiscal year no later than October 1 of each fiscal year, commencing October 1, 2009.

3. Except as amended herein, the remaining terms and conditions of the Interlocal Agreement shall remain in full force and effect.

4. Prior to its effectiveness, the First Amendment shall be filed with the Clerks of the Circuit Court for Indian River, Martin, Okeechobee and St. Lucie Counties.

IN WITNESS WHEREOF, the parties have executed this First Amendment by their duly authorized officials on the dates stated below.

CHIEF JUDGE NINETEENTH JUDICIAL CIRCUIT

WITNESSES:

BY: ______________________ __

(SEAL) Date: ______________________ ___

3 S:\ATTY\AGREEMNT\INTERLOC\COURT FUNDING 1A (1-27-15)

241


By: ___________ _

Deputy Clerk

(SEAL)

5:\ATTY\AGREEMNT\JNTERLOC\COURT FUNDING 1A (1-27-15)


By: ___________ _

Wesley S. Davis, Chairman Board of County Commissioners

BCC approved:--------

APPROVEDASTOFORMAND LEGAL SUFFICIENCY: - ------· ---.. ,.,.-By: ·<'

,_,--y

01fan Reingold County Attorney

243

ATTEST:

Clerk

(SEAL)

5 S:\ATIY\AGREEMNT\INTERLOC\COURT FUNDING lA (1-27-15}

MARTIN COUNTY, FLORIDA

BY: ________________________ __

Chair, Board of County Commissioners

Date: ______________________ __

APPROVED AS TO FORM AND CORRECTNESS:

County Attorney

244

ATTEST:

Clerk

(SEAL)

6 5:\ATTY\AGREEMNT\INTERLOC\COURT FUNDING lA (1·27-15)

OKEECHOBEE COUNTY, FLORIDA

BY: ________________________ _ Chair, Board of County Commissioners

Date: ______________________ __


County Attorney

245

ATTEST:

Clerk

(SEAL}

7 5:\ATIY\AGREEMNT\JNTERLOC\COURT FUNDING 1A (1-27-15)

ST. LUCIE COUNTY, FLORIDA

BY: ________________________ _

Chair, Board of County Commissioners

Date: ______________________ _


BY: ________________________ _

County Attorney

CLERK OF THE CIRCUIT COURT ST. LUCIE COUNTY, FLORIDA

BY: -------------------------Clerk

246

ATTORNEY'S MATTER: 2/17/15 }~ C2. Office of . \. L .'

INDIAN RIVER COUNTY ATTORNEY


TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

The Board of County Commissioners

Dylan Reingold - County Attorney~

February 11 , 2015

Resolution Regarding the Florida Auditor General's Preliminary and Tentative Audit Findings and Recommendations Concerning FMPA and the Plans of the City of Vera Beach in Response to that Audit

At its meeting of February 10, 2015, the Board directed the County Attorney's Office to prepare a draft resolution similar to one that was adopted by the Town of Indian River Shores with regard to the Florida Auditor General's preliminary and tentative audit findings and recommendations concerning FMPA ("Preliminary Audit Findings") and the plans of the City of Vera Beach in response to the Preliminary Audit Findings. A draft resolution is attached for your consideration.

FUNDING:

There is no cost associated with this item.

RECOMMENDATION:

Adopt the attached resolution with any recommended changes the Board may have, and authorize the Chairman to execute same on behalf of the Board.

/nhm Attachment: Resolution

Approved for February 17, 2015 BCC Meeting Indian River Co. Ap~ved Date

/;;:;:::::=-[....COUNTY ATTORNEY

Admin. (~ ..Q ~J/J~ Co. Atty {\ ~- . I 'A '"2.) lS Budget ( ~ I~ f1Z1 r 1.'5 Department } ,_ Risk Mgmt .V -

247


A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REGARDING THE FLORIDA AUDITOR GENERAL'S PRELIMINARY AND TENTATIVE AUDIT FINDINGS AND RECOMMENDATIONS CONCERNING THE FLORIDA MUNICIPAL POWER AGENCY {FMPA) AND THE PLANS OF THE CITY OF VERO BEACH IN RESPONSE TO THAT AUDIT REPORT.

WHEREAS, the Town of Indian River Shores ("Town"), the City of Vero Beach ("City"), and Indian River County (the "County") are participating in a statemandated mediation process under Chapter 164, Florida Statutes, to resolve issues associated with a complaint of the Town of Indian River Shores ("Town") against the City ofVero Beach ("City"), Case No. 312014 CA 000748, pending but presently in abeyance in the Circuit Court in and for Indian River County, Florida (the "Lawsuit"); and

WHEREAS, as part of that state-mandated mediation process the Town, the City, and the County have entered into an Interim Mediation Agreement, which pmvides among other things that the Town will continue to abate the Lawsuit until March 2, 2015, so that the Parties can further evaluate options that would resolve the conflicts between them; and

WHEREAS, under the Interim Mediation Agreement the City has agreed to continue to work with the Florida Municipal Power Agency ("FMPA"), bond trustees and others to effectuate the sale of the City's electric utility system to FPL; and

WHEREAS, . the Florida Auditor General has conducted a full audit of the FMPA and released its preliminary and tentative audit findings and recommendations on January 21, 2015 (the "Audit Report"); and

WHEREAS, the Audit Report found that FMPA's "[f]uel hedging practices were not consistent with industry practices" and, as a result of those practices, "the FMPA incurred net total losses of $247.6 million related to fuel hedging activities over the past 12 fiscal years"; and

WHEREAS, the Audit Report found that FMPA entered into a series of payfixed interest rate swaps with notional amounts of $700 million associated with the financing of a power plant project in Taylor County, Florida that was never built (the "Taylor Swaps"); and

WHEREAS, the Audit Report found: FMPA's decision to enter into the Taylor Swaps "represents risk-taking in excess of industry practice"; the "swaps were not employed consistent with industry practices"; the swaps are likely to result in "significant termination fees"; and in October of 2014 the swaps had a value of "negative $108 million"; and

1 248


WHEREAS, based on discussions at the City's special call meeting on January 29, 2015, the County believes that the value of the Taylor Swaps has dropped significantly since October 2014, and the swaps currently have an approximate value of negative $150 million; and

WHEREAS, the Audit Report also raises serious concerns about other aspects of FMPA's business practices, including its investment strategies, procurement protocols, professional services contracts, salary and benefit policies, and entertainment budgets; and

WHEREAS, a significant share of the hedging losses, swap termination fees, and other operational costs incurred by FMPA are passed on to the customers of the City's electric utility and other FMPA member utilities, and are a major driver of the electric rate problems facing the citizens of our communities; and

WHEREAS, at its special call meeting on January 29, 2015, the City voted to encourage FMPA to hire a consultant to protect against these abuses occurring in the future; and

WHEREAS, the County applauds the City for trying to ensure that FMPA does not repeat mistakes in the future, but also believes that the City should hold FMPA accountable for its mistakes that have already occurred, and which have caused economic harm to the City's electric utility customers; and

WHEREAS, the County believes that FMPA's intransigence and mismanagement are primary causes of the electric rate problems that confront all of our residents, and the City will never be able to solve those problems without holding FMPA accountable;

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

Section 1. The County adopts as true and correct the recitals stated above and incorporates same by reference as part of this Resolution.

Section 2. The County encourages the City to meet as soon as possible with the FMPA as part of the City's obligations under the Interim Mediation Agreement to try to resolve the Lawsuit by working with FMPA "to effectuate the sale of the City's electric utility system to FPL." As part of that meeting the County encourages the City to:

a. Demand that the FMPA do an immediate market appraisal by an independent expert of all assets and liabilities associated with the City of Vero Beach and its contractual arrangements with FMPA; and

b. Discuss with FMPA the findings in the Audit Report including, but not limited to, FMPA's hedging and swap losses; and

2 249


c. Demand that the FMPA refund the damages suffered by the City's electric customers incurred by FMPA's imprudent hedging and swap practices; and

d. Request that FMPA end its opposition to the sale of the City's electric utility system to FPL, and take whatever action is necessary to allow that sale to move forward.

Section 3. The County encourages the City to also:

a. Request the Florida Auditor General and the Joint Legislative Auditing Committee and any other appropriate committee of the Florida Legislature to use what remains of the initially appropriated $200,000 for the full audit to:

1. Determine the fair market value of the FMPA generation assets; 2. Determine the fair market value of the FMPA as a whole; 3. Prepare 3 years of pro forma financial statements based upon GASB

financial procedures, inCluding balance sheets, profit and loss statements and cash flow statements;

4. Review the Purvis, Gray & Company audits to determine what was stated with respect to the internal controls and policies; and

5. Include FMEA in the pro formas to be performed.

b. Request legislative hearings on FMPA's activities; and

c. Engage in the statewide dialogue with members of FMPA and other interested entities; and

d. Support an amendment to Florida Statutes which would give PSC jurisdiction over FMPA and amendments which would subject FMPA to other laws applicable to local governments, including municipalities that do not currently apply to the FMPA.

Section 4. The County Attorney, or his designee, shall hand deliver on this day a certified copy of the Resolution to the City Council requesting that the City consider the Resolut1on at its meeting on February 17, 2015.

The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows:

3 250


Chairman Wesley S. Davis

Vice Chairman Bob Solari


Commissioner Tim Zorc

Commissioner Peter D. O'Bryan

The Chairman thereupon declared the resolution duly passed and adopted this __ day of February, 2015.

ATIEST: Jeffrey R. Smith, Clerk of Court and Comptroller

By: ______________ _ Deputy Clerk


By __________________________ _

4


APPROVEDASTOFORM AND LEG SUFFICIENCY

BY..:;;...--------DYLAN REINGOLD

COUNTY ATTORNEY

251

TO:

DATE:

SUBJECT:

FROM:

ITEM 14.A.1 February 17, 2015




February 11 1 2015

Wesley S. Davis Commissioner Dis

I would like to take this opportunity to announce I will not be seeking reelection in 2016 and the District 1 seat will be open for those wishing to file.

It has been a humbling privilege and honor to work with fellow Board colleagues, staff and mostly, the Indian River County residents who have placed their confidence and faith in me for over the past 12 years.

251

TO:

DATE:

BCCAGENDA February 17, 2015

ITEM 14.8 {1)


INTER~OFFICE MEMORANDUM


January 30, 2015

SUBJECT: All Aboard Florida

FROM: Commissioner Bob Solari

Discussion with my fellow Commissioners about the status of All Aboard Florida and our commitment to preserve our community

Thank you.

253

TO:

DATE:

BCCAGENDA February 17, 2015

ITEM 14.8 (2)




February 11 , 2015

SUBJECT: IRL-NEP

FROM: Commissioner Bob Solari

There was a special call meeting of the IRL-NEP Advisory Board on February 11, 2015. I would like to give the BCC an update.

Thank you.

254

February 17, 2015 ITEM 14.E.1





SUBJECT: Discussion on Planning of Future Fire Station Locations

FROM: Tim Zorc ~ Commissioner, Distircr-3' C

I would like to provide a presentation and have a discussion regarding planning of future fire station locations.

255


TO: Honorable District Board ofBoard of Commissioners

THROUGH: Joseph A. Baird, County Administrator

FROM:

DATE:

SUBJECT:

,...

John King, Director ~\~'\ Department of Emer~ncy ~ervices

February 10, 2015

Emergency Services District Capital Improvements

DISTRICT

It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting.


In December 2014, the Board approved to amend the Five-Year Capital Improvement Element (CIE) of the Indian River County Comprehensive Plan reaffirming their commitment to accelerate capital projects that have been deferred in recent years due to the recession. Given these changes in circumstances, the Board requested a staff report regarding the scheduled renovation ofFire-Rescue Station 7 (1215 82"d Avenue, Vero Beach) and the near-term construction oftwo additional firerescue service locations.

The Board has been very supportive of staffs efforts to replace aging vehicles, repair facilities and move forward with deferred capital projects. Within the past year, the Board authorized:

• The replacement of roofs at Fire-Rescue Station 10 (62 North Broadway, Fellsmere) and Station 11 (2555 93rd Street, Vera Beach). Additionally, the County Risk Management Office solicited bids and hired Contract Services, a professional remediation company, to repair/replace any reasonable Indoor Air Quality (IAQ) concem(s).

• Work Order No. 1 to Barth Construction for design development, working drawings and project schedule for renovations at Fire-Rescue Station 1 (1500 Old Dixie Highway, Vero Beach).

• Work Order No. 3 to Barth Construction for Station 13 (4th Street and 43rd Avenue, Vero Beach) for site work to remedy stormwater drainage conflicts with the existing County water lines buried adjacent to 4th Street.

• Work Order No. 1 to Barth Construction for design development, working drawings and project schedule for Fire-Rescue Station 14 (near 26th Street and 66th Avenue, Vera Beach).

256

Where are we now?

Fire-Rescue Station 7

The Station 7 property is a .5 acre tract ofland located at 1215 82"d A venue, Vero Beach. The South Indian River County Fire District received the property as a Village Green Development of Regional Impact stipulation. In 1984, the facility became operational with three personnel on-duty. Since that time, daily staffing has increased to one ALS ambulance and one ALS engine for a total of five onduty emergency responders.

Today, as it was thirty years ago, Station 7 is the only fire-rescue station west of 43rd A venue in the southern portion of the County. From a service delivery perspective, it is the fourth busiest station in the District. Their primary response area is from the 6200 block of SR 60 and extends west to the Florida Turnpike. While the Capital Improvement Plan allocates funding this year for a substantive renovation of the facility, staff is taking a longer-term view of service delivery locations.


In early 2004, staff received conceptual approval to acquire land and begin the construction process for Station 13. The aftermath of the 2004 and 2005 hurricane seasons required staff to redirect capital improvement and reserve funds to replace five fire-rescue stations and the addition of one new station at 49th Street. Then, the economic recession further delayed efforts to build and staff Station 13.

The Station 13 property, formerly known as the Florida Division of Forestry Site, is a 2.5 acre tract ofland located at 4th Street and 43rd Avenue. A combination ofEmergency Services District funds and Impact Fees have been used to complete most of the design development and preliminary site work. The delay in moving forward with construction is the anticipated costs for staffing, which will require a tax increase.

The Board will recall the Historical Society has a temporary lease agreement with the County for the old Forestry Tower. They have expressed interest in securing grant and private funding for the Tower renovation when the District begins the station construction.


The Station 14 property is a 9 acre tract ofland located just west of 26th Street and 66th Avenue, Vero Beach. The Emergency Services District received this property as a donation from the Jaycees. Justification for this location is supported by an Insurance Services Office (ISO) recommendation for a new fire-rescue station near 201h Street and 661h Avenue.

ANALYSIS:

A thorough study of the District's Calls-For-Service reveals our greatest impediment to improving the timely delivery of emergency services is the geographic distances between fire-rescue stations,

257

particularly in the west Vero Beach area. As previously presented to the Board, Stations 1 through 7 existed by 1984.

Where do we need to be in the near future?


The evaluation of Station 7 has less to do with spending the allocated funds in the CIE to renovate the facility: It is whether Station 7 is in the best location to serve the community. Given the changes in property use along the SR 60 corridor over the last three decades, and projections for land use over the next decade, suggests Station 7 should be relocated near I-95 and SR 60. In the near term, the existing staff and equipment could be relocated to a temporary modular structure until a permanent site can be determined.


Given most of the design development and that much of the preliminary site work is complete for Station 13, the construction timeline is estimated at 10 months. Additional staffmg for this location is 17 personnel of appropriate rank and certifications for one ALS engine and one ALS ambulance.


As previously discussed, the Board approved a contract for design development, working drawings and project schedule for Fire-Rescue Station 14. After completion of the existing contract work, the construction time is estimated at 1 0 months. The Board will recall, staff recommended moving the ALS ambulance and crew from Station 7 to this location as a cost saving measure, leaving an ALS engine as the only unit at Station 7 for the near-term.

FUNDING:

In early 2013, staff reported to the Board that the District had experienced a nearly 31% reduction in revenues due to the recession, which understandably deferred several capital projects in the CIE; however, the demand for services continues to increase at a rate of approximately 3% annually. Staff also presented a financial analysis identifying a millage increase was necessary to accomplish these goals. Additionally, what is being proposed here keeps the millage below the other Treasure Coast counties and less than FY-2000/01.

FY 2014/15

• Fire-Rescue Station 7 (move to a temporary facility) As much as the annual operating costs remain relatively constant, the greatest expense is the new temporary modular structure and associated property lease. Staff anticipates this is less than the allocated funds for renovating the existing Station 7.

258

• Fire-Rescue Station 13 Barth Construction provided a Gross Maximum Price to complete the construction of Station 13 at $2,173,047. Funding is from a combination oflmpact Fees and Emergency Services District Fund Balance.

FY 2015/16

• Fire-Rescue Station 13 The total annual cost to start up and operate Station 13 is estimated at $2,752,667. Initial capital costs of$918,500 will be funded from Emergency Services District Fund Balance. Annual operating costs of$1,834,167 will be funded by a projected millage rate increase of 0.1754 mills, or about 8.9% over the current rate.

Station 13 Annual Operating Costs

Salaries $1,016,302 Benefits 561 ,037 Apparatus Expenses 53,153 Operating Expenses 203,675 Total $1,834,167

FY 2016/17

• Fire-Rescue Station 14 The estimated Gross Maximum Price to complete the construction of Station 14 is $2.2 million. Funding is from a combination of Impact Fees and Emergency Services District Fund Balance.

FY 2017/18

• Fire-Rescue Station 14 Again, the ALS ambulance from Station 7 will be relocated to this location and the additional annual operating costs are largely related to adding an ALS engine and staff. The total annual cost to start up and operate Station 14 is estimated at $1 ,822,396. Initial capital costs of $596,200 will be funded from the Emergency Services District Fund Balance. Annual operating costs of$1,226,196 will be funded by a projected millage rate increase of0.1173 mills, or about 5.9% over the current rate. This increase, when added to the millage increase for staffing Station 13 results in a cumulative increase of about 15%.

259

Station 14 Annual Operating Costs

Salaries $658,532 Benefits 366,648 A_pparatus Expenses 28,197 Operating Expenses 172,819 Total $1,226,196

FY 2018/19

• Fire-Rescue Station 7 The estimated Gross Maximum Price to complete the construction of Station 7 is $2.2 million plus land acquisition. Funding is from a combination of Impact Fees and Emergency Services District Fund Balance.

RECOMMENDATION:

Staff recommends that the Board make the adjustments in the current budget and allocations in future Emergency Services District budgets for Fire-Rescue Stations 7, 13 and 14.

APPROVED FOR AGENDA India n River Cou•ty

FOR: February 17,2015 Administrator

BY:~<>IZflb ~ • ~ J osepU A. Baird County Administrator

Legal

Budget

Risk M anagemeut

Department

260

TO:

THROUGH:

THROUGH:

FROM:

DATE:

SUBJECT:


DISTRICT

/SA'

Honorable Emergency Services District Board of Commissioners


John King, Director of Emergency Services~ Brian Burkeen, Assistant Chief r-J February 10, 2015

Work Order #4 for Fire Rescue Station #13 (4th Street and 43rd Avenue)

It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners.

DESCRIPTION:

On June 18, 2013, the Board approved continued construction services to the 4th Street and 43rd A venue site that in the future will become a new fire-rescue station. As you will recall, staff recommended commencing improvements in phases due to the current economic conditions. Staffis now presenting Work Order #4 for commencement of construction of Fire Station #13.

Continuing with the Board approved Professional Design/Build Services Agreement with Barth Construction; the attached work order outlines the projects and associated cost with a Guaranteed Maximum Price of$2,173,047.00.

FUNDING:

ITEM Amount Account Number Station 13/WO #4 $600,000.00 10312022-066510-08006

$1 ,573,047.00 11412022-066510-08006

Under the county' s code, the purpose of all funds collected from emergency services impact fees shall be used for capital improvements to emergency services facilities within jurisdiction of the county and not for maintenance or operations. The improvements included in Work Order #4 are necessary to accommodate new growth and development in the county. Note that 28% of the construction costs for Fire Station #13 are from impact fee monies and 72% are from district funds.

261

ATTACHMENTS:

Work Order #4 Barth Construction, Inc. GMP

APPROVED FOR AGENDA

BY:~~~~~~~~~~Jo eph A. Baird

County Administrator

Indian River County

Administrator

Legal

Budget

Risk Management

Department

261

BARTH Construction. Inc.

General Contractor

January 12, 2015

JobnKing Indian River County Emergency Services 4225 43 rd Avenue Vero Beach. Florida, 32960

Re: Station# 13

Mr. King,

CGC007847

We are pleased to present to you our proposal for the completion of the Fire Station# 13 site development and the construction ofthe new fire station building in the amount of$2,173,047.00

The intent of this proposal is to include all work remaining to be completed on the currently approved site plan and includes the following;

C.ompletion of Site Development installation of gravity sewer, lift station and on site force main installation of the offsite force main and connection to existing IRC FM restoration of the offsite force main areas installation of fire Hne and DDCV connection of the water service to new fire station building installation of new pad mount FPL transformer and underground feeders installation of the remaining site drainage systems and final grading of site installation and completion of the site concrete drives, parking and sidewalks completion of the ons.ite landscape, sod grassing and irrigation system

Construction of a 2 Bay, Prototype Fire Station Building based upon the drawing set dated 8.29.14

Please refer to tl1e attached for further break down of !he costs. Thank you

I ~~-l r-"~/

~?~1(__ i .. S ason Fykes . ._"' Barth Const:rtlction, h1c.

17 I 7 Iudian River Boulevard * Suite 202A * Vero Beach, Florida 32960 Phone; (772) 778-3072 *Fax: (772) 770-3017 E-maiL infq@ __ barthconstruction.com *Internet; www.barthconstruction.com F:\Proj~ts\IR.Cfire Stations :WU \JRC Fire Station #13\Fire Station Buiulding GMP letter 1 .. 12.l5.doc

263

Cost Code

I.R.C. Fire Station # 13 Estimate

CSUi D£SClUPTlON

1010 Equipment Rental 1013 Crane Rental

Project Management 1020 Field Supervision 1030 T.ra.iler RenDil 1031 Temp. Water 1032 Temp. Power 1033 Telel)hone 1034 Temporary Toilet 1037 Temp. Road Access 1038 Project Sigll 1039 Temporary F~ce 1040 Field Office Supp. 1050 Temp. Protection 1058 First Aid 1059 Safety 1060 Printing I Postage 1061 Moving & Storage 1070 Photography 1090 Payroll B&B

Architeot~~ral Fees Part II Architectural Reimburables Civil Engineering Pat-t II

1120 Soil Testing I 1125 Concrete Testing

1130 Supv vehicle . 1133 Sm. Tools I Supplies 1138 Owned Equipment 11 40 Housekecpin£ Labor 1142 Final Cleaning 1158 Solid Waste Impact Fee

Electrical Engineering 1200 Surveying 1205 '-4yout 1250 Common Labor 1260 Dump Charges 1273 As Builts

S'UBCONtltACTOR

Caner

300

43

DAYS

WEEKS

10 Month>

TOTAL u.ms

-· . . • -~.- . ., .. .. .. . . . 86 000 "'

.• .-... 12~,000 * 2,800 "'

2!i0 .. 850 ..

1_,500 .. l ,ZSO

,.,

- • 500 "' 500 * 50 ..

150 :lc

50 • 250 *

2,_000 • . • 50 • . *

17 046 ... . *

8,900 ' . - *

3,000 "' 2,500

., . ..

3;000 * . * 4,5()0 "' l,SOO * - * ... • .. - •

16,450 "' . • 4;:!00

.,.

8,$"00 .. . ..

LA'GOR I M'l'l. I . . - -

86,000 -129,000 .

2.800 - 250

- 850 - 1,500 . 1;250 . -. 500 . 500 - so . 150 . 50

- 250 . 2,000 . -- so - . - -. . . --- 3,000

- 2,500 . -. 3,000 . . . 4,500

- 2,500

- . - . - 16,450 ~ . - 4,500 - s.soo - -

Sq.Footage 7,876

- SOB TOTAL COST/SF

- - 0.00 --- - 0.00

- 86,000 ·. , . 10.92

• ' . 129.000 16.38 . ::uoo _ .,. ' 0.36 - · ·· iSO 0.03

- sso 0.11 - 1,500 0.19

- l,l50 . 0.16

- . 0.00

- soo 0.06 . soo . ' ' 0.06 - ·. 50 0.01

- ·. ' , 150 .- . 0.10

- 50 0.01 - 250 0.03

- ·. 2.000 0.25 - . 0.00

- so (),01 ..

- . 0.00 17,046 :7,046 2.16

. 0.00 8,900 8,900 l.l3 - - 0.00 . 3,000 0.38 . 2,500 0.32 - - 0.00! . 3.000 0.38 . . 0.00 . 4,500 0.57 . 2,500 0.32 - - 0.00

- - 0.00

- 16.450 2.09 . . 0.00 . 4,SOO l 0.57 . S.SDO 1,08 . . : ___ L _____ o.oo

"'if \D M

Cost Code

·-


CSDI DESCIUPtiON

1300 Punch•Out Labor 1310 Builders Risk 1325 Liability Insurance 1500 Building Pennit

02200 Site: Development off Site FM & restoration

Fire tine New Oil Sand Seperator

Relocate FPL Pole alo~ 4th Street Gas Line, Tanks & 1600 Gal. ofPropoane

additional cl ee.ring & tree trimming 02250 Soil Poisoning

02480 Landscaping Sod

02500 lxriltation System I

02830 Chain Link Fencing south ancl east sides ofsite & pond

North fence Line Generator enclosure

03300 Concrete Subcontractor

Porch Toppings

04230 Masonry Subc::ontractor Fill Cell lns ulation

05500 Steel Stainless Counter Tops

Mise Steel Items, pipe bo!lards, ramps Bollard Portection

Accordian Shutters

06100 Rough Carpentry Fasmers

06!92 Fabricated Wood Truss

StJBCONTRACrort.

Cnthoo incl

C.athoo Catcho

FPL nmerigas

haysllp 36,000 Sf

Haylsip/ Albrecht

Ad ron Adron '

Adron

Doyle

Include in Cone1-ete $$

In ln~ulation SS

in appliances SU MMSI

8 ea@ S7Sieach Fl Shut1e1-s

R&E Carpootry/EIIllt Cotst Veto Bea11ng & Bolt

EMt Coast

300

43

10

TOTAL

" . -; " 7,500

8,9$3

12,000 _.,.,_- . .

127.102 48,030

.

. 10,500

lM49 7,500 3,400 .

54,900 12,.500 ~,641 .

. 16,333 6 ti50 4,775 .

29~;300 .

2 700

--. -. -

7,854) 6110

5,247

-87,700

3,50{1

15,844

DAYS WEEKS

Months

Ll\f£S

.. "' " .. • ~

~

" • • • * * • * • *

• • * • * ~

* * $

• • • .. + • • • • •

~

LABOR ··I

----.

Sq.Foota~ 7,876

M'tL . J _ .· StlB TotAL

. . -7,500 - 7.500 8,953 - 8.953

!2,000 - 12.000

- . 127.202 127,202 48.Q30 48,030

.

. 10,500 10,500 10,449 10,449 7,500 7.500 3,400 3,400

. 54,900 54.900 12,500 12.500 28,641 28,641

.

. 16,333 16.333 6,650 6.650 4,775 4,775

. 2~2.300 29:2.300

. 2,700 2,700

. "

.

.

.

. 7,850 7,850

600 600 5,247 ~,247

. 23.4-50 64-lSO 87.700

3.500 3.500 l5,844 1~.844

COSt/SF

0.00 0.95 1.!4 1.52 0.00

· .. ·. 16.15

6.10 0.00 0.00 l.l3 1.33

0.9~

0.43 0.00 6.97 1.59

3.64

0.00 2.07 0.84

0.6 !

0.00 37.1! 0.00 0.34 o.oo 0.00 0.00

o.oo 0.00

0.00 1.{)0

0.08 0.67 0.00

!1.14

2.01

.,. I..Q M

CostOoda

I.R.C. Fire Station# 13 Estimate

CSJJI Dll:SCRIPTlON

06200 !Finish Caroentry

07160 IUnderslab Vapor Barrier 01200 Jlnsulation

07500 !Fibcrg.lass Shinttles 07600 I Flashing & Sheet Metal 01110 I Gutters & Down Spouts D171.S I Drip Flashings 0?840 !Fire Stopping 07900 i Joint Sealers

OSIOO I Hollow Metal Doors & Frames

08200 !Wood Doo:s Labor

08300 IO.H Coilina Doors(no motors on APP Ba,y Door 08400 I Entrances & Storefronts 08520 !Aluminum Windows OS700 I Finish Hardware 08800 I Glass & Glazing

Mirron> 09100 !Stucco

09230 [Cement Backer Board 09250 !Drywall

FRP Panels 09300 !Ceramic Tile 09510 !Acoustical ceilings 0%24 !Resilient Rub~er FlaoringJ}\I~:?rkout Room 09900 I Painting 09986 I Sanitary Ceiling Panels

Marble Sills

Cultured Marble Show~ & Vanity Tops ShoWt:lr membrane

lOlSS !Toilet Partitions 10260 !Corner Guards 10440 ISvecialty Signs

Stl'BCON'l'RACI'O.R

R&E Cnrpentry/Ea~t ~oa.~

!ned in Cone $$

Gale

Allantic2

In Shingle S$

In Shingle SS

St\lart Paint & Supply

TQS 1n Hollow Metal Door U

ABCO In Alum Window $S

Vcro Glass In Hollow Metal Door$$

Jn WindowS$ Vei'O Gla;s Ciscel'Os

In d!ywall SS Phnx Phnx

Phnx

Rus~IL Payne

in 1'ile$$

Maxl'Odon Classic Floots

Descon Des con

300

43

10

'l'OTAL

3,745

35,213

34,616

3,200

250 500

35,416 6,400

Jri,180

10,480

37ei 34,400

41,670 l9,l50 33.000 ltl,320

1,~Q9 --· 20,939

8,535 3,000 6.845 1,11$

150 ...... '

DAYS

WEEKS

Months

uus

~

" .. .. .. • • • • • •

~

* * * ~

.. *" ~

• * • • ~

~

,, ,, ~

* * .. • * •

Sq.Foota2e 7,876

TOtAL COST/SF SUll u.oa r MrL ~u I I I 1 1,245

250 500

35;416

1.,215

7SO

2,S00 I 3 ,74~ I 0.48j 0.00

0.00 35,2131 35,2131 4.4-u

0.00 34,6161 34,6161 4.401

o.oo. 3,zoo 1 3.,2oo 1 o.4ll

o.oo 250 O.Oj

500 0.06 o.oo

35,4!6 j 4.~0

Moo 1 o,4oo 1 o.a11 0.00

l6,7SO I 16,780 i 2.131 o.oo

1 o.4so 1 1o.4so 1 1.331 0.00 0.00

375 i 375 I o.osl 34,400 : :: 34,400 437

0.00 0.00

47,670 41.61() 6.05

19,250 19.250 2.44

33,000 33.000 4.19

16,320 16,320 2.07

7,000 7.000 0.39

20,939 20,939 2.66 0.00 0.00

0.00 M3S 8.S3S 1.08 3,000 3,000 0.38 6,!!45 6,845 . 0.87

SOD 1,7!5 0.22 7SO 0.10

O.Otl

\0 I..Q M

.,

Cost Code


CSIII DESClUPl'lON ,

10510 Gear Hose & Locker Accessories 10520 Portable Fire Extinguishets 10800 Toilet Accessories

Louvers App!i!lllces and hood W nsherJEx.tractor Flag Pole

12290 P Lam cabinets Shelving in EMS Storage

HVAC

Plumbing Fire Sprinkler

16000 Electtica.l Generator Station Alert System

300 43

!JAYS

WEEKS

lO Months

5UBC()N1'JU,Ct'OR 'rOt' At :LMI!:S

MMW.'TQS 13,059 0

Des~'On 930 "' Desocm . 2,02:9' -

iDHVAC . * DFE 3:l,l7'! •

!ilatewlde 7,067 A Flag end Flag Pole 2.330 ¥

Design kitchens 38,549 • 750 • -

Colkitt lll,833 ~

. • Southern Plutnb 53,1i20 ~

ure se.tety 32,000 " Complete Electric l8H90 • in Cornpletes $$ . *

5.500

SUBTOTALS 1,905,<191 ..

Sub-Total 1,905,497 ~ OH&P 190 550 @10%

I>reCon File -Sub Total z,o96,047

~ P&P Bondi $ 27,000.00

Total Bid I ;173,047

Sq.Footage 7,876

LAJIO.R I M'l'L I SUB TOtAL

11.559 1,500 lJ,OS9 740 !90 930

1.52.5 soo 2,025 .

33.175 33,175 7,067 7,067

1,83() 500 2,330 38,549 38.~49

750 750 .

ll:\,833 112.833 .

53,620 53,620 32,000 32,000

185.490 185,490 .

5,500 5,~00

21s,ooo I !98,294 J 1,492,203 1905,497

· COSTISl'

-·

166

O.l2i 0.26! o.oo' 4.:1.1

O.JO 4.89 0.10. O.OO'

14.33

0.00

6.81

4.06 23.55 0.00 <;).70

2'41.!14'

~-----]

r-I..Q M

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

. BOARD MEMORANDUM


To: Joseph A. Baird, County Administrator

From: Vincent Burke, P.E., Director of Utility Services @ Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District ~J'Y), Subject: CCNA-2014 Work Order No. 1 to COM Smith, Inc. for Engineering Services with

the 2015 Annual Permit Compliance Monitoring and Reporting

DESCRIPTIONS AND CONDITIONS:

The Solid Waste Disposal District (SWDD) landfill operation is a highly regulated activity, which requires environmental compliance documentation in accordance with several different permits. Many of the compliance reports are prepared and certified by a third party professional engineer. This agenda item requests authorization to engage the engineering firm of CDM Smith, Inc. {CDM) to prepare and seal the following reports :

1. Semi-annual and annual reports to assess the characteristics of ground and surface water at the site generated by the Class I landfill in accordance with the site's landfill permits;

2. Water Quality Technical Report to cover the past 2.5 years of groundwater sampling data; and

3. Annual reports required by the site Title V air quality permit including the annual operating report and the flare emission testing report;

In addition, a general technical assistance and permit compliance task is included as SWDD often requires engineering, technical and construction services assistance in connection with annual facility upgrade, compliance and operations.

ANALYSIS:

COM has prepared CCNA-2014 Work Order No. 1, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services mast er agreement. The tasks are listed below showing the expected completion dates and their estimated fees.

SWDD Agenda - CCNA-2014 wo No 1 CDM Smith 2015 Annual Permit Compliance Monitoring & Re porting Page 1 of 2 268

TASK DESCRIPTION DUE DATE AMOUNT

Task 1 Project Quality Management 1/1/15-12/31/15 $20,620

Task 2 Semi-Annual Water Quality Sampling & March 2015 &

$41,870 Reporting September 2015

Task3 Water Quality Technical Report March 19, 2015 $30,160

Task4 Title V Permit Compliance Monitoring March - May 2015 $16,310

Task 5 General Technical Assistance 1/1/15-12/31/15 $10,070

TOTAL (Lump Sum} = $119,030

The costs above are consistent with what SWDD has paid historically for these services.

FUNDING:

Funding for the 2015 Annual Financial Reports is budgeted and available in the Engineering

Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user

fees. The account has a total budget of $375,000 for the 2014/2015 fiscal year.

ACCOUNT NO.:

Description Account Number Amount

Engineering Services 41121734-033130 $119,030

RECOMMENDATION:

SWDD staff recommends that its Board approve the following:

a) Approve CCNA-2014 Work Order No. 1 with CDM Smith, Inc. in the amount of $119,030 to

provide engineering services related to the 2015 Annual Permit Compliance Monitoring and Reporting.

b) Authorize the Chairman to execute the same, as presented.

ATIACHMENT(s):

1) CCNA-2014 Work Order No. 1 - COM Smith, Inc.

Indian River Co.

Administration

Legal

A. Baird, County Administrator

Fo . g~/0 2#15 Date

Budget

SWDD

SWDD ·finance

SWDD Agenda - CCNA-2014 WO No 1 COM Smith 2015 Annual Permit Compliance Monitoring & Reporting Page 2 of 2 269

WORK ORDER NUMBER CCNA2014W01

2015 Permit Compliance Monitoring And Reporting

This Work Order Number _ is entered into as of this_ day of , 201_) pursuant to that certain Continuing Contract Agreement for Professional Services, dated December 6, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 41h day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY'') and COM Smith, Inc. ("Consultant"}.

The COUNTY has selected the Consultant to perform the professional services set forth on

Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule}, attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part here.of by this reference

all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.


CONSULTANT:

COM Smith, Inc.

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

By: ~BLef By: ----------------------Wesley S . Davis, Chairman

Title: .J:<..e Pr-<S ,~yf BCC Approved Date: ---- ------------


By: ------------ ----------------Deputy Clerk

270

EXHIBIT A

AUTHORIZATION FOR PROFESSIONAL SERVICES

INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR

2015 PERMIT COMPLIANCE MONITORING AND REPORTING

CCNA-2014 WO NO. 1

This Authorization, when executed, shall be incorporated in and become part of the Continuing Contract Agreement for Professional Services between the Indian River County Solid Waste Disposal District (COUNTY), and COM Smith Inc. (CONSULTANT), dated December 6, 2011, and the Extension and Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014, hereafter referred to as the Contract.

BACKGROUND

Solid Waste Operation Permit Water Quality Compliance Semi-annual reports of groundwater quality at the COUNTY Landfill must be submitted to the Florida Department of Environmental Protection (FDEP) in accordance with Chapter 62-701.510, Florida Administrative Code (FAC) and the Monitoring Plan Implementation Schedule (MPIS) of Permit Nos. SC31-0128769-019 and S031-0128769-020 as modified by Florida Department of Environmental Protection (FDEP) correspondence regarding the permit renewal application for the Construction and Debris landfill at the COUNTY facility ent itled "Second Request for Addit ional Information, Permit Renewal Application S031-0128769-021" dated JulyS, 2012 and the response by CONSULTANT on behalf of the COUNTY dated July 16,2012. Water levels are measured and samples of groundwater and surface water are collected in January and July in accordance with MPIS and the Second Request for Additional Information, Permit Renewal Application S031-0128769-021 dated JulyS, 2012 and the response by CONSULTANT on behalf of the COUNTY dated July 16, 2012. The requirement for leachate sampling and analyses was removed when Chapter 62-701, F.A.C. was revised in August 2012.

Two semi-annual monitoring reports that document the sampling events will be required in calendar year 2015. It is expected that the MPIS will be modified to incorporate the revisions to the monitoring program as described in the Second Request for Additional Information, Permit Renewal Application S031-0128769-021 dated July 5, 2012 and the response by CONSULTANT on behalf of the COUNTY dated July 16,2012. This is not expected to change the scope of work.

Semi-annual sampling of the Class I and construction and demolit ion (C&D) debris landfill groundwater monitor wells shall be performed in January ( 41 wells) and July (25 wells) of 2015. The samples from these events shall be analyzed for the list of Semi-Annual Ground Water Parameters identified in Paragraphs 8 and 9 of the MPIS and Second Request for Additional Information, Permit Renewal Application 5031-0128769-021 dated July 5, 2012 and the response by CONSULTANT on behalf of the COUNTY dated July 16, 2012, which is included by reference in Permit Nos. SC31-0128769-019 and 5031-0128769-020. CONSULTANT understands that additional new or replacement groundwater monitor wells will be installed in the future under Permit Nos. SC31-0128769-019 and S031-0128769-020. Sampling of proposed new or replacement groundwater monitor wells required by Permit Nos. SC31-0128769-019 and 5031-

A-1 lf l626.docx

271

0128769-020 beyond those currently installed and included in the groundwater quality monitoring program (41 in January and 25 in July) are not included this Scope of Services.

Samples from six surface water sites shall be collected in January and July. Samples from two of the locations associated with the storm water pond and outfall will be analyzed for the list of SemiAnnual Surface Water Parameters identified in Paragraph 14 of the MPIS of Permit Nos. SC31-0128769-019 and 5031-0128769-020. Samples from the remaining four locations will be analyzed for the parameters listed in the Second Request for Additional Information, Permit Renewal Application S031-0128769-021 dated July 5, 2012 and the response by CONSULTANT on behalf of the COUNTY dated July 16,2012, which are included by reference in Permit Nos. SC31-0128769-019 and S031-0128769-020.

In addition to the semi-annual water quality monitoring, the MPIS and Chapter 62-701.510(9)(b), FAC requires that a Water Quality Technical Report be prepared every 2.5 years during the active life of the facility.

Title V Operation Permit Air Quality Compliance The COUNTY Landfill also operates under a Title V permit (Permit No. 0610015-004-AV) issued on July 16, 2012, which contains monitoring and reporting requirements related to the landfill gas collection and control system. The COUNTY is required to prepare and submit the following to FDEP and the U.S. Environmental Protection Agency (USEPA), Region 4:

• Annual Statement of Compliance (within 60 days after the end of the calendar year); • Annual Operating Report (on or before April1 of the following year); and • Results of an annual flare visible emissions test (within 45 days of testing).

Effective December 31,2013, the Major Air Pollution Source Annual Emissions Fee will be calculated by FDEP's Electronic Annual Operating Report (EAOR) application that is used to produce the Annual Operating Report listed above. The fee for 2014 is due by April l, 2015.

SCOPE OF SERVICES

CONSULTANT will undertake the annual permit compliance monitoring and reporting, which will include the following tasks:

Task 1: Project Quality Management Task 2: Semi-Annual Water Quality Sampling and Reporting Task 3: Water Quality Technical Report Task 4: Title V Permit Compliance and Reporting; and Task 5: General Technical and Miscellaneous Permit Compliance Reporting

The below Scope of Services is based on regulations and monitoring and reporting requirements as of the authorization date of this Work Order. An amendment to this Scope of Services may be needed if there are any regulatory changes that result in additional work.

TASK 1.0 - PROJECT QUALITY MANAGEMENT

Activities performed under this task consist of those generally administrative functions required to assure that the project remains on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards and the COUNTY's expectations.

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CONSULT ANT will meet with COUNTY staff monthly for project planning and coordination. CONSULTANT's project manager will prepare and submit monthly status reports and attend status reporting meetings throughout the life of the project. It is estimated that meetings will be held on the average of once a month. Preparation of invoices and project administration will also be performed under this task.

TASK 2.0 -SEMI-ANNUAL WATER QUALITY SAMPLING AND REPORTING

CONSULTANT will assist COUNTY with all sampling preparation activities, including scheduling, staffing, subcontracting, and field equipment preparation. CONSULTANT will perform the field testing, sample collection, and water-level measurements. CONSULTANT will contract with Ideal Tech Services Inc. (ITS) to perform the groundwater and surface water sampling. CONSULT ANT /ITS will perform the semi-annual Qanuary and July) sampling of the Class I and construction and demolition (C&D) debris landfill groundwater monitor wells ( 41 in January and 25 in July) for the list of Semi-Annual Ground Water Parameters identified in Paragraph 8 of the MPIS, included in Permit Nos. SC31-0 128769-019 and S031-0128769-020 as modified by the Second Request for Additional Information, Permit Renewal Application 5031-0128769-021 dated July 5, 2012 and the response by CONSULTANT on behalf of the COUNTY dated July 16, 2012. CONSULTANT /ITS will collect water level data for the groundwater monitor wells and staff gauges prior to the sampling event.

CONSULTANT / ITS will also perform semi-annual (January and July) sampling of the six surface water sites for analysis of the Jist of Semi-Annual Surface Water Parameters identified in Paragraph 14 of the MPIS included in Permit Nos. SC31-0128769-019 and 5031-0128769-020 as modified by the Second Request for Additional Information, Permit Renewal Application 5031-0128769-021 dated July 5, 2012 and the response by CONSULTANT on behalf of the COUNTY dated July 16, 2012. It is estimated that data collection and sampling will take five days t o complete per sampling event. In the event that FDEP requires resampling of groundwater monitoring wells, the labor and materials will be invoiced under Task 4 of this Scope of Services. If the resampling is the result from errors made by the sampling staff, the COUNTY will not be invoiced. CONSULTANT / ITS will deliver the samples to the ENCO Orlando office for analysis.

Unless otherwise determined by the COUNTY, ENCO will perform the laboratory analysis under the COUNTY's contract. CONSULTANT will assist the COUNTY in coordinating the analytical testing activities with ENCO, notify FDEP prior to sampling as required by the MPIS, review and evaluate the analytical test results, and prepare the semi-annual reports.

CONSULTANT will prepare two semi-annual reports that will be submitted to FDEP within 60 days of receipt of valid laboratory results from the laboratory that is contracted by the COUNTY to analyze samples. Services included in preparing the semi-annual reports entail:

• Review oflaboratory results with respect to FDEP groundwater quality criteria and histor ical laboratory results. If review of the data indicates potential errors in the results or concentrations of analyses that could potentially result in enforcement action, CONSULTANT will notify the COUNTY prior to preparing the report and request confirmatory samples, if needed.

• Preparation of semi-annual monitoring reports for the January and July monitoring events. The reports will include brief discussions of the results, water level contour maps, and copies of t he analytical reports. A draft report will be submitted for review, if requested.

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• CONSULT ANT will prepare three copies of the final report for submittal to FDEP and will provide one file copy to the COUNTY.

• COUNTY will provide copies of analytical reports in electronic format (ADaPT, or other electronic format accepted by FDEP).

TASK 3.0- WATER QUALITY TECHNICAL REPORT

CONSULT ANT will prepare and submit a technical report in accordance with the MPIS and Chapter 62-701.510(9)(b), FAC, and Paragraph 35 of the current Monitoring Plan Implementation Schedule, which was revised on March 7, 2011. The report will be based on laboratory data received from the COUNTY for the July 2012, January 2013, July 2013, January 2014 and July 2014 semi-annual monitoring events. The report is required every 2.5 years during the active life of the facility. The report will include:

1. Tabular displays of any data which shows that a monitoring parameter has been detected, and graphical displays of any leachate key indicator parameters detected (such as pH, specific conductance, Total Dissolved Solids (TDS), TOC, sulfate, chloride, sodium and iron), including hydrograph for all monitor wells;

2. Trend analyses of any monitoring parameters consistently detected;

3. Comparisons among shallow, middle, and deep zone wells;

4. Comparisons between background water quality and the water quality in detect ion and compliance wells;

5. Correlations between related parameters such as total dissolved solids and specific conductance;

6. Discussion of erratic and/ or poorly correlated data;

7. An interpretation of the ground water contour maps, including an evaluation of ground water flow rates; and

8. An evaluation of the adequacy of the water quality monitoring frequency and sampling

locations based upon site conditions.

TASK 4.0- TITLE V PERMIT COMPLIANCE AND REPORTING

Title V Permit No. 0610015-004-AV, which is the current permit as of the date of this work order, contains monitoring and reporting requirements related to the landfill gas collection and control system. CONSULTANT will assist COUNTY, as described below, in fulfilling all air permit requirements and conditions within the required regulatory timeframes.

Statement of Compliance

CONSULTANT will prepare and submit the annual Statement of Compliance for the COUNTY Landfill. This document must be submitted to FDEP within 60 days after the end of the calendar year, as required by Rule 62-213.440(3)(a)(2), F.A.C.

Annual Operating Report

CONSULTANT will prepare and submit the Annual Operating Report for the COUNTY Landfill. This report must be submitted to FDEP on or before April1 of each calendar year, as required by Rule 62-210.370(3), F.A.C.

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CONSULT ANT will estimate the annual emission rates of non-methane organic compounds and volatile organic compounds from the landfill gas to determine the COUNTY l's status with regard to operation and reporting re quirements of the active landfill gas collection and control system under the New Source Performance Standards requirements.

Annual Emissions Fee

The Electronic Annual Operating Report (EAOR) application used for reporting to FDEP will automatically calculate the annual emission fee for the facility. CONSULT ANT will notify COUNTY of the fee amount. Once the check is in-hand, CONSULTANT will submit the fee on COUNTY's behalf prior to the April 1 deadline.

Visible Emissions Testing

CONSULT ANT will contract with a certified observer to perform the annual visible emissions test in order to determine the opacity of the flare. CONSULT ANT will provide oversight of the annual visible emission testing of the flare, notify FDEP of the time and location of the test, and prepare and submit to FDEP a report of the test results.

TASK 5.0- GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE ASSISTANCE

CONSULTANT will provide general technical and permit compliance assistance to COUNTY staff on an as needed basis. COUNTY staff is performing a number of the tasks required annually by the current FDEP landfill permits. CONSULTANT will provide support as needed for the COUNTY staff as they perform these tasks.

General technical a nd permit compliance assistance tasks may include:

• Reporting required by the Multi-Sector Generic Permit for stormwater discharge; • Quarterly monitoring and reporting of the landfill gas monitoring wells located at the

COUNTY Landfill site boundary, as well as enclosed structures located on site; • Preparing agenda items for and attending Board of County Commissioners meetings; • Developing annual COUNTY budgets; and • Miscellaneous permit renewals or technical support. • Sampling and reporting for additional monitor wells, surface water, leachate, etc. • Assistance in reviewing the MPIS prepared by others.

ASSUMPTIONS

• This Scope of Se rvices and cost proposal is based on solid waste operations Permit Nos. SC31-0 128769-019 and S031-0128769-020 and the groundwater monitor wells, leachate sampling sites, and surface water monitor sites that are installed as of the date of this work order.

• CONSULTANT understands that additional new or replacement groundwater monitor wells will be installed in the future under Permit Nos. SC31-0128769-019 and 5031-0128769-020. Sampling of proposed new or replacement groundwater monitor wells required by Permit Nos. SC31-0128769-019 and $031-0128769-020 beyond those currently installed and monitored ( 41 in January and 25 in July) are not included this Scope of Services.

• Laboratory a nalysis is not included in this Scope of Services.

• This Scope of Services and cost proposal is based on the Title V Permit No. 0610015-004-AV, which is the current permit as of the date of this work order.

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• Tasks 1 through 3 do not include meetings with t he Florida Department of Environmental Protection.

DATA OR ASSISTANCE TO BE PROVIDED BY COUNTY

• Existing data available on construction of the existing groundwater monitor wells • Available site surveys • Available record information • Laboratory analytical reports and direct access to laboratory personnel • Access to sampling site • Annual operations data needed for emissions estimating including, but not limited to, tonnages

of waste accepted, quantity of landfill gas collected, and hours of emergency engine operation • Annual Emissions fee

PAYMENT AND COMPENSATION

Compensation for the Scope of Services described herein shall be made on the basis of a lump sum fee. The annual lump sum fee for Tasks 1.0 through 5.0, inclusive, is $119,030 as shown in Exhibits B. CONSULTANT will invoice the COUNTY on a monthly basis based on percent complete of each task. For invoice purposes only, the value of each task is as shown in the Table 1.

Table 1

TASK VALUE FOR INVOICE PURPOSE TASK DESCRIPTION VALUE

1 Project Quality_ Management $20,620

2 Semi-Annual Water Quality Sampling and Reporting $41,870 3 Water Quality Technical Report $30,160

4 Title V Permit Compliance and Reporting $16,310

5 General Technical and M iscellaneous Permit Compliance Assistance $10,070 TOTAL WORK ORDER NO.1- LUMP SUM $119,030

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EXHIBIT B

PROJECT BUDGET



PROJECT:

DESCRIPTION:

CCNA-2014 WO N0. 1

IRC SWDD Annual Permit Compliance Monitoring Reporting Services

Task 1.0 - Project Quality Management CONTRACT REFERENCE: Agreement between the Indian River County Board of County

Commissioners and CDM Smith Inc.

Labor Cate~ory fullir.s ~ Officer 4 $210 Associate 4 $200 Principal 12 $195 Senior Professional so $165 Professional II 30 $130 Professional I 24 $110 Project Administration 1Q $85 Total Hours 134

Total Salary Cost

Other Direct Costs

TOTAL LUMP SUM FEE

Total $840 $800

$2,340 $8,250

$3,900 $2,640 _$_8_S_Q

$19,620

$1.000

$20,62Q

For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee $20.620. CONSULTANT will submit monthly invoices based on the percent complete for the work performed.

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EXHIBIT B

PROJECT BUDGET



PROJECT:

CCNA-2014 WO NO.1


DESCRIPTION: Task 2.0 -Semi-Annual Water Quality Sampling and Reporting

CONTRACT REFERENCE: Agreement between the Indian River County Board of County

Commissioners and COM Smith Inc.

Labor Cate~ory Officer Associate Principal Senior Professional Professional II Professional I Senior Support Staff Support Project Administration Total Hours

Total Salary Cost

Other Direct Costs

Outside Professional Services (Ideal Tech Services, Inc.)

TOTAL LUMP SUM FEE

J::J..Q..\ru Rate 2 $210 8 $200

24 $195

70 $165

48 $130 22 $110 6 $120

12 $85 1Q $85 208

Llta1 $420

$1,600 $4,680

$11,550 $6,240 $2,420

$720 $1,020 $1,32Q

$30,010

$1.900

$9,92Q

$41 ,azo

For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee of $41,870. CONSULTANT will submit monthly invoices based on the percent complete for the work performed.

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PROJECT:

DESCRIPTION: CONTRACT REFEREN CE:

Labor Category Officer Associate Principal

EXHIBIT 8

PROJECT BUDGET



CCNA-2014 WO N0.1


Task 3.0- Water Quality Technical Report

Agreement between the Indian River County Board of County Commissioners and COM Smith Inc.

H.mu:s Rate 1 $210 10 $200 20 $195

Senior Professional 40 $165 Professional II 90 $130 Senior Support 8 $120 Staff Support 14 $85 Project Administration £(! $85 Total Hours 203

Total Salary Cost

Other Direct Costs

TOTAL LUMP SUM FEE

Ltla1 $420

$2,000 $3,900

$6,600 $11,700

$960 $1,190 $l.ZQQ

$28,260

11.200

$30 16Q

For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee $30,160. CONSULTANT will submit monthly invoices based on the percent complete for the work performed.

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PROJECT:

DESCRIPTION: CONTRACT REFERENCE:

Labor Category Officer Associate Principal

EXHIBIT 8

PROJECT BUDGET



CCNA-2014 WO NO.1


Task 4.0 - Title V Permit Compliance and Reporting

Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc.

l!mu:s Rgtg 2 $210 2 $200 8 $195

Senior Professional 22 $165 Professional II 48 $130 Professional I 8 $110 Senior Support 2 $120 Staff Support 6 $85 Project Administration .a $85 Total Hours 106

Total Salary Cost

Other Direct Costs

Outside Professionals (TRC Environmental)

TOTAL LUMP SUM FEE

.Mal $420 $400

$1,560 $3,630 $6,240

$880 $240 $510

___$_6a_Q

$14,560

lli..Q.

$1.000

$16,310

For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee $16.310. CONSULTANT will submit monthly invoices based on the percent complete for the work performed.

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EXHIBIT 8

PROJECT BUDGET



PROJECT:

DESCRIPTION:

CONTRACT REFERENCE:

Labor Cate~ory Officer Associate Principal Senior Professional Professional II Professional I Senior Support Staff Support

CCNA-2014 WO NO.1


Task 5.0- General Technical and Miscellaneous Permit Compliance Reporting

Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc.

li!l!!ll ~ 2 $210 4 $200 8 $195

20 $165 10 $130 10 $110 2 $120 4 $85

Project Administration Q $85 Total Hours 70

Total Salary Cost

Other Direct Costs

TOTAL LUMP SUM FEE

Mal $420 $800

$1,560

$3,300 $1,300 $1,100

$240 $340

.J..5.1.Q

$9,570

i5.Q.Q

$l0,0ZO

For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum of $10.070. CONSULT ANT will submit monthly invoices based on the percent complete for the work performed.

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EXHIBIT C

PROJECT SCHEDULE



CCNA-2014 WO NO.1

The following project schedule has been developed based on receiving authorization on or before February 17, 2015.

Task

Task 1:

Task2:

Task 3:

Task4:

Task 5:

Completion Date

January 1, 2015 through December 31,2015

Sampling events: January 2015 and July 2015: report submittals March 2015 and September 2015 (Includes sampling events, review and validation of results, and completion/submittal of reports within 60 days of receipt of laboratory analysis)

Technical Report Submittal

Statement of Compliance Annual Operating Report Annual Emissions Fee Visible Emissions Test

March 19, 2015

March 1, 2015 April1, 2015 April1, 2015 May 1, 2015

January 1, 2015 through December 31, 2015

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INDIAN RIVER COUNTY


·BOARD MEMORANDUM



From: Vincent Burke, P.E., Director of Utility Services @

Prepared By: Himi:lnshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District ld..m · Subject: CCNA-2014 Work Order No. 2 to COM Smith, Inc. for the 2015 Annual Financial

Assurance Report


The Solid Waste Disposal District {SWDD) is required by Florida Department Environmental Protection (FDEP) rules to prepare an annual Financial Assurance Report certified by a third party professional engineer to determine SWDD's annual obligations to fund escrow accounts for the closure and long term care of the County's active landfills.

ANALYSIS:

COM Smith, Inc. (COM) has prepared CCNA-2014 Work Order No.2, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The tasks are listed below showing the expected completion dates and th eir estimated fees.

TASi< DESCRIPTION DUE DATE AMOUNT

Task 1 Financial Assurance Report November 1, 2015 $39,170- Lump Sum

TOTAL (Lump Sum)= $39,170

The costs above are consistent with what SWDD has paid historically to COM Smith for these services.

FUNDING:

Funding for the 2015 Annual Financial Assurance Report is budgeted and available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $375,000 for the 2014/2015 fiscal year.

SWDD Agenda - CCNA-2014 WO No 2 CDM Smith 2015 Financial Assurance Reporting Page 1 of2 283

ACCOUNT NO.:



RECOMMENDATION:


a) Approve CCNA-2014 Work Order No. 2 with CDM Smith, Inc. in the amount of $39,170 to provide engineering services related to the 2015 Annual Financial Assurance Report.


ATTACHMENT(s):

1) CCNA-2014 Work Order No. 2- CDM Smith, Inc.

Indian River Co. Approved Date

Administration

Legal

Budget

SWDO

SWDD -Finance

SWDD Agenda - CCNA-2014 wo No 2 CDM Smith 2015 Financial Assurance Reporting Page 2 of 2 284

WORK ORDER NUMBER CCNA2014W02

Financial Assurance Reporting

This Work Order Number_ is entered into as of this_ day of 201_, pursuant to that

certain Continuing Contract Agreement for Professional Services, dated December 6, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN

RIVER COUNTY, a political subdivision of the State of Florida rcoUNTY") and COM Smith1 Inc. ("Consultant1

' ) .

The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The

professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B

(Fee Schedule}, attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth

in Exhibit c (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph

1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.


CONSULTANT:

COM Smith, Inc.

By: L ~ tl /' -~~

Title: v, -4!.. Pr e.r.>J J

By;

BOARD OF COUNTY COMMJSSIONERS OF INDIAN RIVER COUNTY

-------------------------------Wesley s. Davis, Chairman

BCC Approved Date: ------------------------Attest: Jeffrey R. Smith, Clerk of Court and Comptroller

By: -------------------------------Deputy Cle1k

285

EXHIBIT A

AUTHORIZATION FOR PROFESSIONAL SERVICES


FINANCIAL ASSURANCE REPORTING

CCNA-2014 WO NO.2

This Authorization, when executed, shall be incorporated in and become part of the Continuing Contract Agreement for Professional Services between the Indian River County Solid Waste Disposal District (COUNTY), and COM Smith Inc. (CONSULTANT), dated December 6, 2011, and the Extension and Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014, hereafter referred to as the Contract.

PROJECT UNDERSTANDING

Each year the COUNTY is required to document financial assurance in accordance with Solid Waste Operations Permit. CONSULT ANT assists COUNTY with the financial assurance reporting that is submitted to the Florida Department of Environmental Protection (FDEP) each year.

The Scope ofWork is as detailed below. CONSULTANT will coordinate with the COUNTY to provide timely execution of each portion of this project.

TASK 1- FINANCIAL ASSURANCE

The COUNTY operates a Class I and construction and demolition (C&D) debris landfills through a contract with Republic Services. The COUNTY is required by Chapter 62-701, F.A.C. to provide financial assurance for each of these facilities annually.

Subtask 1.1- Financial Assurance Report

CONSULTANT will prepare documentation that demonstrates proof of financial assurance for the cost of closing a nd providing long-term care for the Class I landfill, the C&D debris landfill, and the waste tire site. This documentation will be submitted for review by the COUNTY. Two copies of the final document will be provided to the COUNTY. CONSULTANT will meet with the COUNTY up to four times to discuss issues and to provide needed coordination. CONSULTANT will also respond to FDEP correspondence regarding financial assurance.

Subtask 1.2 - Survey and Airspace Assessment

CONSULTANT will provide surveys and assessments of consumed airspace performed by, a subconsultant, Masteller, Moler, Reed & Taylor, Inc. for the Class I and C&D Landfills. The survey work for the Class I waste area will include a complete topographic survey of Segments I, II, and III as well as the ditches and roadways surrounding the Class I area. The topographic survey of the C&D debris landfill site will include the waste area, as well as the fence-line and the surrounding ditches and berms adjacent to the C&D debris s ite. CONSULTANT will review the volumetric modeling and include a summary of estimated waste d ensity based on the results of the survey and volumetric modeling.

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The deliverable from Masteller, Moler, Reed & Taylor, Inc. will consist of a survey identifying the dates the field survey was completed. Airspace consumed and remaining airspace based on the survey and the construction and design criteria shall be specifically identified in the financial assurance report. The survey shall also include the results of the volumetric calculations for the Segments II and III portions of the Class I landfill, as well as the C&D debris landfill. Deliverables accompanying the survey shall include:

A l-inch = SO feet scale contour map for each site with 1-foot contour intervals in regular weight lines, and 5-foot contour intervals in bold weight lines. Signed and sealed contour maps will be provided on 24-inch by 36-inch paper of each landfill site in l-inch= 200 feet scale. A Compact Disc (CD) with ASCII file of the survey data in AutoCAD 2004 will also be provided.

For the Class I Landfill (Segment I, II, and III), the financial assurance report shall include an evaluation of the compaction of the waste and an analysis as to whether Republic Services is meeting its contractual compaction requirements. CONSULTANT will include escrow account balance recommendations for Fiscal Year 2014-2015, as well as escrow account budget recommendations for Fiscal Year 2015-2016.

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EXHIBIT 8

PROJECT BUDGET


PROJECT:

DESCRIPTION:


CCNA-2014 WO NO.2

Financial Assurance Reporting

Task 1.1 -Preparation of Financial Assurance Report Task 1.2 - Survey and Airspace Assessment

CONTRACT REFERENCE: Agreement between the Indian River County Board of County

Commissioners and CDM Smith Inc.

Labor Category Officer Associate Principal Senior Professional Professional II Senior Support Staff Support Project Administration

Total Salary Cost

Total Hours

Outside Professionals - Masteller, Moler, Reed & Taylor, Inc.

Other Direct Costs

TOTAL LUMP SUM FEE

fullirs. .Rill.e 6 $210 6 $200 6 $195 so $165

70 $130 8 $120 10 $85 a $85

164

IQtal $1,260 $1,200 $1,170 $8,250 $9,100

$960 $850 .$QOO

$23,470

$14,500

11.200

$39,1ZQ

For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee of$39.170. CONSULTANT w ill submit monthly invoices based on the percent complete for the work performed.

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EXHIBIT C

PROJECT SCHEDULE



CCNA-2014 WO NO.2

SCHEDULE

1.1

1.2

Financial Assurance Report

Site Survey

C-1

Completion Date

November 1, 2015

May 15,2015

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INDIAN RIVER COUNTY


BOARD MEMORANDUM



From: Vincent Burke, P.E., Director of Utility Services ~ Prepared By: Himanshu H. Mehta, P .E., Managing Director, Solid Waste Disposal District '}d:~. Subject: Amendment No. 1 to Work Order No. 1 to Kessler Consulting, Inc., for Solid

Waste Procurement & Technical Services


On April 8, 2014, the Solid Waste Disposal District (SWDD) authorized Work Order No. 1 to Kessler Consulting, Inc. (KCI) for solid waste procurement services in the amount of $76,090. The scope of work included a Request for Proposal (RFP) process for solid waste and recyclables collection services, coordination with municipalities and other technical services.

Per approval by the SWDD Board on December 16, 2014, RFP No. 2015023 was published on January 6, 2015 and with bid opening scheduled for February 20, 2015. KCI will continue to provide assistance by their review and recommendation of the applications, participate in final franchise agreement negotiations and if needed, provide for a smooth transition of the different level of service or service provider(s).

As this process unfolds, staff is requesting approval to utilize KCI for other technical services, such as the conversion to single stream recycling, negotiating lnterlocal Agreements with the municipalities, developing ordinance revisions and assisting with the Florida Department of Environmental Protection (FDEP) recycling reporting.

Staff requested and received the attached Amendment No. 1 to Work Order No. 1 from KCI to provide these technical services.

ANALYSIS:

KCI has prepared Amendment No. 1 to Work Order No. 1, provided in Attachment 1, detailing the scope of work, budget, and schedule for each of the tasks. These tasks are in addition to the current Tasks 1, 2 and 3. Similar to the original work order, the fees to be paid by SWDD for the execution of this work authorization are to be executed with a piggyback contract for similar consulting services by KCI to Okaloosa County. The tasks are listed below showing the estimated fees based on a time and materials (t&m) basis.

SWDD Agenda- Amendment No 1 to WO No 1 Kessler Consulting tor Solid Waste Procurement Services Page 1 of 3

TASK DESCRf.PTION AMOUNT

Task4 Single Stream Conversion $15,380- t&m

Task 5 lnterlocal Agreements $4,960-t&m

Task6 Ordinance Revisions $7,670-t&m

Task 7 FDEP Reporting $8,800 -t&m

TaskS Additional Technical Services $3,980-t&m

TOTAL= $40,790

On September 23, 2014, the SWDD Board approved staff recommendation to pursue single stream recycling. Therefore, on October 2, 2014, in accordance with our processing agreement, staff issued a written notice to our current dual-stream processor, ReCommunity, of our intent to convert to single stream recycling. On October 13, 2014, ReCommunity declined the opportunity to t ransfer, process, and market single stream recyclables from Indian River County. Under Task 4, KCI will assist us with developing and implementing a strategy for converting to single stream recycling . This will include assistance with evaluating our current transfer facility, identifying vendors/facilities that could potentially accept, process and market our single stream recyclables, and assist with negotiating an interim single stream contract.

Under Task 5, KCI will assist staff with negotiating with our municipalities to update our interlocal agreements which are over 20 years old. Under Task 6, KCI will help us with ordinance revisions that are necessary as a result of the RFP process and the update of the interlocal agreements.

In 2008, the Florida legislature set a statewide municipal solid waste (MSW) recycling goal of 75 percent by the year 2020. In 2010, the legislature further directed that the goal be primarily applied to counties with populations greater than 100,000. In addition, the legislature set these interim recycling goals for those counties:

Calendar Year Interim Recycling Goal 2012 40% 2014 50% 2016 60% 2018 70% 2020 75%

For both the 2012 and 2013 reporting periods, Indian River County's recycling rate was 37% which was below the state goal of 40%. On December 23, 2014, the FDEP sent Indian River County a letter requesting that we submit a Recycling Program Plan by July 1, 2015. KCI has extensive experience in working with the FDEP and other counties on the prepa ratio n and submittal of the annual recycling report. Therefore, under Task 7, KCI will assist in both the 2014 annual solid waste report and the Recycling Program Plan submittals to the FDEP. Finally, Task 8 is for any additional assistance such as our marketing and outreach programs to expand recycl ing.

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291

FUNDING:

Funding for the Solid Waste Procurement Services is available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $375,000 for the 2014/2015 fiscal year.

ACCOUNT NO.:



RECOMMENDATION:


a) Authorize to piggy-back Okaloosa County Contract No. C10-1781-PW and approve Amendment No. 1 to Work Order No. 1 with Kessler Consulting, Inc. in the amount of $40,790 to provide solid waste procurement and technical services;


ATTACHMENT(s}:

1) Amendment No. 1 to Work Order No. 1- Kessler Consulting, Inc.


r:§CW>d Administration

Indian River Co.

Legal

Budget

SWDD

SWDD ·Finance

Purchasing

SWDD Agenda - Amendment No 1 to WO No 1 Kessler Consulting for Solid Waste Procurement Services Page 3 of 3 292

Date:

Subject:

Scope:

Schedule:

Fee:

INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT

CONTRACT FOR SOLID WASTE SERVICES WORK ORDER NUMBER 1, AMENDMENT 1

AUTHORIZATION FORM

--J 2015

So lid Waste Procurement Services

The amended Scope of Work is provided in Exhibit A.

To be completed as detailed in the attached amended Scope of Work.

Time-and-materials budget adjustment not to exceed $40,790 as provided in Exhibit B.

IN WITH NESS WHEREOF, the parties hereto have executed this Work Order amendment as of the date first written above.

AUTHORIZATION :

CONSULTANT

Kessler Consultln~ Inc. F;'J

By: k_ .. --.,...----Title: President


OF INDIAN RIVER COUNTY

By: Wesley S. Davis, Chairman

BCC Approved Date: --- - --- - ------


By: _ ____________________________ __

Deputy Cleg-k

293

BACKGROUND

I_,. ~

kess~~r consulting inc. innovative waste solutions

EXHIBIT A- WORK ORDER NO. 1, AMENDMENT 1

AMENDED SCOPE OF WORK

FOR

SOLID WASTE PROCUREMENT SERVICES

Through Work Order No.1, Kessler Consulting, Inc. (KCI) is assisting Indian River County (County) with procuring solid waste collection services, as well as providing additional solid waste technical assistance as requested. KCI has worked interactively with County staff to develop a procurement strategy. Based on that strategy, KCI developed a draft Request for Proposals (RFP) and draft Franchise Agreement. Multiple reviews were conducted by County staff and feedback was provided to KCI through several conference calls and written comments before the procurement package was finalized. On December 16,2014, the Board of County Commissioners authorized staff to publish the RFP. The RFP was published on January 6, 2015.

A greater level of assistance was required of KCI in development of the procurement strategy and package than anticipated. KCI assisted with various tasks that were either not anticipated or required a greater level of effort than projected. These tasks included redefining service areas to balance customer counts, evaluating and discussing options for single stream recycling, integrating Fellsmere into the procurement, developing multiple service scenarios and options (54 different combinations of service pricing), and evaluating franchise fee documentation in order to estimate vendor service levels for RFP price evaluation. These additional technical services were provided for under Tasks 2 and 3 of Work Order No.1.

The County has requested KCI to continue providing additional solid waste services as an extension of Work Order No.1. The purpose of this amendment is to incorporate these additional and related services into Work Order No. 1 as Tasks 4-8.

AMENDED SCOPE OF SERVICES

Task 4- Single Stream Conversion

KCI will assist the County with developing and implementing a strategy for converting to single stream recycling. Anticipated activities include the following:

•· Conduct a site visit to the County's facility and provide recommendations for facility modifications that would enable a larger volume of recyclables to be managed and transferred.

• Identify vendors/facilities that could potentially accept, process, and market the County's single stream recyclables.

• Facilitate calls or meetings with vendors to identify those offering the most viable processing so lution for the County.

14620 N. Nebraska Ave., Bldg. D, Tampa, FL 336 13 I Te l: 813.971.8333 I Fax: 813.971.8582 I www.kesconsult.com

Work Order No.1, Amendment 1 - Amended Scope of Work for Solid Waste Procurement Services / 1/20/2015 I Page 2 of 4

• Assist the County in negotiating an interim single stream processing contract if appropriate (this task would need to be expanded if a competitive procurement is deemed necessary).

Task 5 - lnterlocal Agreement Strategy

KCI will assist the County in developing a strategy for negotiating revised lnterlocal Agreements (I LAs) with its five municipalities. Anticipated activities include the following:

• Work with County staff to develop a strategy for approaching the municipalities about updating the llA, including identification of advantages to the municipalities.

• Assist the County with outlining key terms and conditions to include in the ILA for presentation to the municipalities.

Task 6- Ordinance Revisions

KCI will assist the County in developing ordinance revisions based on the final Solid Waste and Recyclables Collection Franchise Agreements. Anticipated activities include the following:

• Draft ordinance modifications based on the final franchise agreements.

• Review draft ordinance revisions with County staff. • Revise and finalize the ordinance revisions.

• Review the resolution developed by County staff regarding the ordinance revisions.

Task 7-Florida Department of Environmental Protection (DEP) Reporting

KCI will assist the County with Florida DEP requirements in regards to reporting and recycling mandates. Anticipated activities include the following:

• Review the draft 2014 annual solid waste report developed by County staff, as well as documentation on which it is based.

• Participate in a call with INEOS to more fully understand their process. • Participate in a call with DEP and County staff to clearly identify how the tonnage processed by

INEOS is to be counted pursuant to State law, regulations, and policies. • Provide additional comments on the annual report as appropriate. • Draft a recycling plan, based on the recently updated Solid Waste Master Plan, in response to

the December 23, 2014 letter from DEP. • Review the recycling plan with County staff, review, and finalize. • Assist with other required DEP reporting as the budget allows.

Task 8- Additional Technical Assistance

KCI will assist the County with other solid waste technical services as requested and as the budget allows. Such ancillary assistance might include, but would not be limited to, the following:

• Providing technical assistance for the comprehensive solid waste and recycling branding and communication campaign the County is commissioning.

• Providing other solid waste technical assistance, as required.

kess lew- const.dtiilg in,. innova\lvewaste soilltiom

Work Order No.1, Amendment 1-Amended Scope of Work for Solid Waste Procurement Services I 1/20/2015 1 Page 3 of 4

COMPENSATION AND TIMELINE

KCI developed a budget estimate to align with the list of potential services listed in Tasks 4-8 but realizes that priorities may shift and the level of effort required for specific assignments may vary. Therefore, KCI proposes to conduct Tasks 4-8 activities on a time-and-materials basis for an amount not to exceed $40,790. Services will be invoiced monthly at the rates provided in our original Scope of Work, which include all overhead and direct and indirect costs. Expenses (e.g., travel) will be billed at cost without markup. A detailed budget breakdown by task is provided in Exhibit B.

KCI will commence assigned Tasks 4-8 work upon request and will work with County staff to develop an acceptable timeline for completion of all assignments.

KCI appreciates the opportunity to submit this amendment and looks forward to continue working with the County on this important project.

kessleg consu!,~i~g 'n-.::. innovative waste solutions 296

EXHIBIT B- FEE SCHEDULE

CLIENT Indian River County, FL PROJECT NAME WO No.1, Amendment 1, Solid Waste Services PROJECT NUMBER 73-04.00 I

DATE OF ESTIMATE 1/19/2015 !

---

LABOR Task4 Task 5 Task 6

KCI HOURLY Single Stream Ordinance

CATEGORY (NAME) RATE Conversion ILA Revisions Project Director/Principal $185.00 24.0 8.0 2.0 Project Manager $140.00 24.0 12.0 24.0 Senior Consultant $135.00 20.0 0.0 0.0 Consultant $85.00 48.0 20.0 44.0 Research Analyst $75.00 0.0 0.0 0.0 Technical Support $50.00 4.0 2.0 4.0 SUBTOTAL LABOR HOURS 120.0 42.0 74.0 SUBTOTAL LABOR DOLLARS $14,780 $4,960 $7,670 DIRECT COSTS TRAVEL $600 $0 $0 SUBTOTAL DIRECT COST $600 $0 $0 TOTAL PROJECT BUDGET LABOR+ DIRECT COST I $15,380 1 $4,960 1 $7,67o 1

PM\2014 Collection\Budget

Task 7 Task8 Additional

DEP Technical Reporting Assistance

0.0 2.0 40.0 10.0

0.0 0.0 0.0 16.0

40.0 10.0 4.0 2.0

84.0 40.0 $8,800 $3,980

$0 $0 $0 $0

$8,800 1 $3,980 1

TOTAL HOURS

36.0 110.0 20.0

128.0 50.0 16.0

360.0

I

TOTAL DOLLARS

$6,660 $15,400 $2,700

$10,880 $3,750

$800 $40,190 $40,190

$600 $600

$40,790

kessler consulting, inc.

r--. Cl M

BoardofCountyCommissionMinutes Page1January20,2015



REGULAR MEETING MINUTES

COUNTY COMMISSIONERS

DISTRICT

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

DVD TIMES

PACKET PAGES

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

2. INVOCATION

Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller

3. PLEDGE OF ALLEGIANCE

Dylan Reingold, County Attorney


9:02 a.m.

Addition: Emergency Item 13.C. Request to Appeal Final Orders Issued by the Department of Juvenile Justice Addition: Emergency Item 14.A.1. Venue Request from American Coalition for Property Rights and Florida Not All Aboard ON MOTION by Commissioner Flescher, SECONDED by Commissioner O’Bryan, the Board unanimously approved the agenda as amended.



www.ircgov.com

TUESDAY, JANUARY 20, 2015


5. PROCLAMATIONS and PRESENTATIONS

9:03 a.m.

A. Presentation of Proclamation Recognizing the Saint Edward’s School for Their Contributions to Indian River County 1

Presented by Vice Chairman Solari and received by Saint Edwards

Head of School Michael Mersky.

9:09 a.m.

B. Presentation of Vero Beach Chamber of Commerce Annual Report for 2014 and Announcement of Events Scheduled in 2015 by Dan Stump, Esq., Chairman of the Vero Beach Chamber Board of Directors

Attorney Daniel Stump announced that the City of Vero Beach Chamber of Commerce was celebrating its one year anniversary as of January 4, 2014; listed the goals and accomplishments that were met in the first year; and requested the Board grant the Chamber representation on the Economic Development Council (EDC) after the application is received. Charlie Wilson outlined the local events that will be taking place throughout the year. Ben Costello, 102 Trotters Court, Venetia, PA, Director of the 1715 Fleet Society, elaborated on the County events that will take place in March and July to commemorate the 300th anniversary of the lost treasure from the 1715 Spanish Fleet.

6. APPROVAL OF MINUTES

9:38 a.m.

A. Regular Meeting of December 16, 2014

ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Solari, the Board unanimously approved the regular meeting minutes of December 16, 2014, as written.

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

9:39 a.m.

A. Florida Public Service Commission Notice of Final Order Approving Florida Power and Light’s Proposed Non-Standard Meter Rider Tariff Effective January 2, 2015, has been received and is available for review in the Office of the Clerk to the Board

B. Information Regarding Cancellation of Three Inactive Local Jobs Grant

Agreements (memorandum dated January 12, 2015) 2-14

Noted for the record were the following inactive grant agreements: Aeroshade Technologies, Inc., XStream Systems, Inc., and SMI Telecoms, LLC.


C. Revision to Treasure Coast Regional Planning Council Appointees for

2015 (memorandum dated January 13, 2015) 15-17

D. U.S. Kids Golf Honoring Bela Nagy, Sandridge Golf Professional, as a

U.S. Kids Golf Master Kids Teacher During a Special Ceremony at the PGA Merchandise Show 18

Commissioner O’Bryan announced that Bela Nagy was selected as “U.S. Kids Golf Master Kids Teacher” and will be honored with an award as one of the top 50 teachers for the youth.

E. Proclamation Designating January 25 – 31, 2015, as Indian River County School Choice Week 19

F. Proclamation and Retirement Award Honoring Cheryl Wilkinson on Her

Retirement from Indian River County Board of County Commissioners Department of General Services/North County Library with Twenty-Six Years of Service 20-21

G. Proclamation and Retirement Award Honoring Charles Edwards on His Retirement from Indian River County Board of County Commissioners Department of Public Works/Road & Bridge Division with Nineteen Years of Service 22-23

8. CONSENT AGENDA

ON MOTION by Commissioner O’Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved the Consent Agenda, pulling Items 8.I. and 8.J. for discussion.

9:39 a.m.

A. Approval of Warrants – January 1, 2015 to January 8, 2015 (memorandum dated January 8, 2015) 24-32

Approved the list of warrants (checks) and wires as supplied by the Comptroller’s Office.

B. Resolution Formally Designating a Portion of County Owned Property Along 26th Street as Right-of-Way (memorandum dated January 9, 2015) 33-38

Approved: (1) Resolution 2015-007, formally designating certain County owned property for right-of-way, and directing the Property Appraiser to cut out the property designated as right-of-way from the parent parcel (Lot 1, Block G of Dodgertown Subdivision, recorded in Plat Book 3, Page 49, of the Public Records of Indian River County, Florida); and (2) authorized the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. (Javier Franco and Baylee Franco)


C. Out of County Travel to attend the 29th Annual Governor’s Hurricane

Conference (memorandum dated January 14, 2015) 39-42

Approved out of County travel for Commissioners and staff to attend the 29th Annual Governor’s Hurricane Conference in Orlando, from May 10, 2015 through May 15, 2015.

D. Miscellaneous Budget Amendment 005 (memorandum dated January 14, 2015) 43-50

Approved Resolution 2015-008, amending the Fiscal Year 2014-2015 Budget.

E. M.A.C.E. (Multi-Agency Criminal Enforcement Unit) Project Generated Income (PGI) Miscellaneous Budget Amendment 006 (memorandum dated January 14, 2015) 51-58

Approved: (1) the utilization of Project Generated Income totaling $3,214.15; (2) Budget Amendment 006; and (3) Resolution 2015-009, amending the Fiscal Year 2014-2015 Budget.

F. Approval for Release of Final Payment to Weller Pools, LLC (memorandum dated January 13, 2015) 59-61

Authorized the release of final payment of $67,386.00 to Weller Pools, LLC, for repair work on the competitive pool at the North County Aquatic Center.

G. 26th Street – Advance Acquisition of Right-of-Way, 5030 26th Street, 5920 26th Street, Ronee Suzan King and Stephen Allan Block, as Co-Trustees under the Benjamin Block Trust – 1999 (memorandum dated January 12, 2015) 62-81

Approved and authorized the Chairman to execute the Contract for Sale and Purchase of the King/Block property for $68,268; directed staff to take the needed right-of-way from the property after purchase; and authorized the sale of the remaining property, if any, at sealed bid or by auction.

H. GHO Lake Sapphire Corp’s Request for Final Plat Approval for a Subdivision to be known as Lake Sapphire (memorandum dated January 12, 2015) 82-88

Granted final plat approval for the Lake Sapphire Subdivision.

9:40 a.m.

I. Utility Construction Standards, March, 2014, January 2015 Revision – UCP 3110 (memorandum dated January 12, 2015) 89-96

Chairman Davis pulled this item to question whether there would be additional permitting fees with the revision, and staff informed him that the revision only entailed procedural changes.


Commissioner Zorc sought and received clarification regarding fire hydrant guard posts. ON MOTION by Commissioner Flescher, SECONDED by Chairman Davis, the Board unanimously adopted the revised Indian River County Department of Utility Services Water, Wastewater and Reclaimed Water Utility Construction Standards, dated March 2014, revised January 2015, as presented.

9:43 a.m.

J. Hutton Growth One, LLC / Family Dollar Store, Developer Agreement for Developer Contributions to Culvert Pipe Improvements on the South Side of 45th Street (memorandum dated January 7, 2015) 97-101

Commissioner Zorc pulled this item to comment on the value of the culvert headwalls, and the agreement with the developer to pay the County $30,000, which would offset some of the piping costs. ON MOTION by Commissioner Zorc, SECONDED by Chairman Davis, the Board unanimously approved Developer’s Agreement with Family Dollar Stores, Inc. (Hutton Growth One, LLC).

K. Authorization for NASPO Contract SW300 for Automated External Defibrillators (AED) Equipment (memorandum dated January 7, 2015) 102-106

Approved the Participating Addendum to the National Association of State Procurement Officials (NASPO) Contract, designating Indian River County as a Participating Entity, and authorized the Chairman to execute same after the County Attorney has approved it as to content and legal sufficiency.

L. Approval of Agreement for Payment of Costs Associated with Creation of the Oslo Park Area Street Lighting Municipal Service Benefit Unit, Oceanside Subdivision Street Lighting Municipal Service Benefit Unit, Oceanside Subdivision Street Paving and Maintenance Municipal Service Benefit Unit (memorandum dated January 14, 2015) 107-110

Approved the “Agreement for Reimbursement of Costs for Oceanside Street Lighting District Oceanside Paving District Oslo Park Street Lighting District Municipal Service Benefit Unit,” and authorized staff to proceed with the required public hearings.

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None


10. PUBLIC ITEMS

A. PUBLIC HEARINGS

9:46 a.m.

1. Beth Ann Atamer’s Request for Special Exception Use and Conceptual Planned Development (PD) Plan Approval for a Project to be known as Hampton Woods East (memorandum dated January 8, 2015) 111-123

Quasi-Judicial

PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Each Commissioner, as requested by the Chairman, disclosed ex parte communications, site visits, or independent investigations. They also affirmed that they have an open mind and can base their decisions on the evidence presented and applicable law. The Chairman opened the Public Hearing. The Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. Community Development Director Stan Boling explained the Special Exception Use and Conceptual Planned Development (PD) approval request for the Hampton Woods East project; described the project process; identified the dedications and improvements; defined the proposed PD waivers for the project; discussed the public benefits for the project; and pointed out the environmental issues associated with the proposed project. He urged the Board to approve the PD plan with the recommendations outlined in staff’s report (relating to tree mitigation, and providing for a street light, fire hydrant, a tree preservation area, and utility easement). He informed the Board that the Planning and Zoning Commission (PZC) unanimously recommended that the special exception use and conceptual PD plan be approved with staff’s recommendations. Commissioner O’Bryan sought and received information regarding sewer services. Wesley Mills, of Mills, Short and Associates, 800 8th Street, Vero Beach, Project Engineer, in response to Commissioner Zorc’s question, conveyed that the storm water design would capture all storm water runoff and hold it on site.


Thomas Sherman, 1415 43rd Court, voiced concern over a house that had burned down near Hampton Woods. Chairman Davis said he would ask Code Enforcement to look into the situation. There being no additional speakers, the Chairman closed the Public Hearing. ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Solari, the Board unanimously granted special exception use and conceptual Planned Development (PD) Plan approval with the following conditions: (1) prior to preliminary PD Plan/Plat approval, the applicant shall obtain Environmental Planning staff approval for the project’s tree mitigation plan; (2) prior to issuance of Certificate of Completion for the project, the applicant shall install the required street light and fire hydrant, as depicted on the conceptual PD Plan; and (3) Prior to or via the final plat process, the applicant shall: (a) establish a 25’ wide tree preservation area along the project site’s entire 46th Avenue frontage, and (b) establish a 15’ utility easement along the project site’s north property line.

10:02 a.m.

2. Approval of a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non Ad Valorem Assessments for the Oceanside Subdivision Street Lighting Municipal Service Benefit Unit (memorandum dated January 14, 2015) 124-129

Legislative

PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Deputy County Attorney Bill DeBraal spoke about the creation of a new Municipal Service Benefit Unit (MSBU) to recover the costs of street lighting improvements in Oceanside Subdivision; described the process of establishing the MSBU; and recommended the Board approve the Resolution and authorize staff to proceed with the second public hearing. Discussion ensued between the Board and staff regarding the petition-driven request of the residents for street lighting and road improvements. The Chairman opened the Public Hearing.


Kathleen Taylor, 2180 Waltons Court, said she and 88% of her neighbors were in favor of the project, and reported that the neighbors who would be affected had been notified in writing. There being no other speakers, the Chairman closed the Public Hearing. ON MOTION by Commissioner O’Bryan, SECONDED by Commissioner Flescher, the Board unanimously: (1) authorized staff to proceed with the second public hearing; and (2) approved Resolution 2015-010, electing to use the uniform method for the levy, collection, and enforcement of non ad valorem assessments pursuant to Florida Statute 197.3632 to recover the costs of street lighting and maintenance in the Oceanside Replat Subdivision area.

10:09 a.m.

3. Approval of a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non Ad Valorem Assessments for the Oceanside Subdivision Street Paving and Maintenance Municipal Service Benefit Unit (memorandum dated January 14, 2015) 130-135

Legislative

PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Attorney DeBraal informed the Board that this Municipal Service Benefit Unit (MSBU) would recover the costs of road repaving in the Oceanside Subdivision. He recommended approval of the Resolution and authorization for staff to proceed with the second public hearing. The Chairman opened the Public Hearing. Kathleen Taylor, 2180 Waltons Court, revealed that this started because one of the developers had passed away, and the other left town abruptly, and for this reason the roads were never turned over to the County. There being no other speakers, the Chairman closed the Public Hearing. A brief discussion ensued regarding the MSBU process for roads and streetlighting. Public Works Director Chris Mora explained the repaving assessment.


ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Flescher, the Board unanimously: (1) authorized staff to proceed with the second public hearing; and (2) approved Resolution 2015-011, electing to use the uniform method for the levy, collection, and enforcement of non ad valorem assessments pursuant to Florida Statute 197.3632 to recover the costs of street paving and maintenance in the Oceanside Replat Subdivision area.

10:14 a.m.

4. Approval of a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non Ad Valorem Assessments for the Oslo Park Area Street Lighting Municipal Service Benefit Unit (memorandum dated January 14, 2015) 136-143

Legislative

PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Attorney DeBraal advised the Board that this Municipal Service Benefit Unit (MSBU) would recover the costs of street lighting and maintenance for the Oslo Park area (17th Street SW north to 7th Street SW and 27th Avenue SW east to the Lateral J Canal). He recommended the Board approve the resolution and authorize staff to proceed with the second public hearing. A brief discussion ensued pertaining to the security lights in the neighborhood. The Chairman opened the Public Hearing. There being no speakers, the Chairman closed the Public Hearing. ON MOTION by Commissioner O’Bryan, SECONDED by Chairman Davis, the Board unanimously: (1) authorized staff to proceed with the second public hearing; and (2) approved Resolution 2015-012, electing to use the uniform method for the levy, collection, and enforcement of non ad valorem assessments pursuant to Florida Statute 197.3632 to recover the costs of street lighting and maintenance in the Oslo Park area.

B. PUBLIC DISCUSSION ITEMS

10:19 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 Mike DeGeorge, President and Sherri Davis,

Vice President, Trillium Homeowner’s Association 144-146

Trillium Homeowner’s Association (HOA) President Mike DeGeorge and Vice President Sherri Davis used a PowerPoint presentation to communicate their concerns over the landscaping and irrigation damage they said occurred from the 66th Avenue widening project. They elaborated on the damage to the plants in their landscaping beds along 66th Avenue from lack of water, heavy equipment, and their landscaping company being restricted from the construction zone, which resulted in damages of about $14,446. Administrator Joseph Baird and Director Mora reiterated the County’s policy that if vegetation or irrigation is put on the County’s right-of-way, the County is not responsible for the damage, if work needs to be done in that area. Discussion ensued regarding the right-of-way between the HOA’s wall and the sidewalk; and the need to obtain a permit for any work within the right-of-way. Commissioner O’Bryan supported the County’s Policy and reasoned that the sidewalk delineates public from private property even though the right-of-way goes to the wall. MOTION WAS MADE by Commissioner O’Bryan, SECONDED by Vice Chairman Solari, to approve the replacement of the dead plants in the bed that is west of the sidewalk (between 26th and 33rd Streets and up to the wall), and authorize staff to issue the permit so the HOA could reestablish irrigation in the right-of-way at their own risk. Mr. DeGeorge felt the policy should had been explained better and believed they should receive compensation. Further discussion ensued regarding the original design standards; safety issues; and the cost estimate of the damage. MOTION WAS AMENDED by Commissioner O’Bryan, to replace any dead plants in beds that are west of the sidewalk and up to the wall (between 26th and 33rd Streets). Motion DIED for lack of a SECOND. MOTION WAS AMENDED by Commissioner O’Bryan, SECONDED by Vice Chairman Solari, to TABLE this item; direct staff to walk the sidewalk and identify the damage to the landscaping beds west of the sidewalk up to the wall; and return to the Board with accurate estimates.


Administrator Baird asked if three bids should be obtained and the Chairman agreed. Commissioner Zorc suggested the HOA define the damage east of the sidewalk and west of the sidewalk, as two separate estimates, and bring the information back to the Board. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Chairman called for a break at 10:47 a.m., and reconvened the meeting at 10:55 a.m., with all members present.

C. PUBLIC NOTICE ITEMS

None

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

None

B. Emergency Services

None

C. General Services

None

1. Human Services

None 2. Sandridge Golf Club

None 3. Recreation

None


D. Human Resources

None

E. Office of Management and Budget

10:56 a.m.

1. Policy Direction – Dori Slosberg Driver Education Fund

(memorandum dated January 14, 2015) 147-149

Management and Budget Director Jason Brown provided background on the Dori Slosberg Driver Education Fund, and noted that in 2010, the Indian River County School District stopped providing driver education courses in the high school because of funding constraints. Due to the significant interest to help provide driver education to local students, staff inquired whether the School District would consider restarting a driver education program, and they expressed interest, with the understanding that the program would be funded by the Dori Slosberg fee. He explained the options available for the provision of driver education for Indian River County students, and asked the Board to make a policy decision on whether to charge the Dori Slosberg fee of $5.00 on traffic citations. A brief discussion ensued regarding training through virtual online classes and behind the wheel, and the revenue being available equitably to all educational institutions in the County. MOTION WAS MADE by Commissioner Flescher, SECONDED by Commissioner Zorc, to direct staff to draft an Ordinance to reinstitute the Dori Slosberg fund. Alma Lee Loy supported Harriet Greene in her efforts to promote traffic safety for teenagers, the Dori Slosberg Driver Education Safety Act, and the Indian River County Traffic Education Program Trust Fund. Tom Lockwood, 2230 Falls Circle, voiced support for the program. John Bolen, Drivers Education teacher in Stuart, FL, commended Ms. Greene and Ms. Loy for their efforts in promoting traffic safety for teenagers. Shawn Frost, 6700 77th Street, Education Activist, supported bringing the driver’s education program back into the schools. Debra Taylor-Long, Director for Secondary Education for Indian River County School District, spoke on behalf of the Superintendent - they both supported the program.


Harriet Greene voiced her passion for youth safety and the Dori Slosberg Driver Education Program. The Chairman CALLED THE QUESTION and the Motion carried unanimously.

F. Public Works

None

G. Utilities Services

11:18 a.m.

1. Draft Alternative Water Supply Plan – Phase I Preliminary Evaluation (memorandum dated January 9, 2015) 150-168

Jill Grimaldi, Senior Project Manager with CDM Smith, Inc. (CDM), used a PowerPoint presentation to outline the draft Alternative Water Supply Evaluation report, which included: the six proposed phases of the project; existing conditions; reservoir sizing; the existing water treatment plant capacity; agricultural demand; required acreage; pollutant load reduction; cost estimates; aquifer storage/recovery; and the pros and cons of adding a surface water reservoir (SWR) or an Aquifer Storage and Recovery (ASR). Discussion ensued throughout the presentation as Commissioners posed questions to staff and expressed opinions regarding CDM’s report. Commissioner O’Bryan read the Indian River Neighborhood Association’s comments into the record, which supported staff’s recommendation (on file). The Chairman called for a break at 12:33 p.m., and reconvened the meeting at 12:43 p.m., with all members present. MOTION WAS MADE by Vice Chairman Solari, SECONDED by Commissioner Flescher, to distribute the study to all stakeholders, especially St. Johns River Water Management District and incorporate their comments in the final report. Commissioner O’Bryan pointed out that the second part of staff’s recommendation was to negotiate a cost proposal with CDM to embark on Phase 2 – modeling to determine the available volume of water in the Sebastian canal system. He saw no reason to delay obtaining information on the amount of water available, because regardless of what the Board should


decide, the information will help the Board evaluate and determine which system to go with. Discussion ensued regarding data collection, unknown water factors, and identifying the source origin of nitrogen and phosphorous. MOTION WAS AMENDED by Vice Chairman Solari, SECONDED by Commissioner Flescher, to include authorizing staff to negotiate on a cost proposal with CDM. Robert Adair, member of the Soil and Water Conservation District for Indian River County, applauded staff’s report; felt the information would be crucial for developing a long-term water supply; and asked the Board to continue looking at the cost advantages of ASR. He also encouraged the Board to move forward, and keep the process open to the stakeholders. Chairman Davis asked staff to put the draft Alternative Water Supply Evaluation report on the County’s website. Helene Caseltine, Economic Development Director, Indian River Chamber of Commerce, supported staff’s recommendation and believed the information was crucial for economic development purposes. Chairman Davis asked if the motion was clear and Vice Chairman Solari said to make it staff’s recommendation. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board approved the distribution of the study to all stakeholders, especially St. Johns River Water Management District and to incorporate their comments in the final report; and authorized staff to negotiate on a cost proposal with CDM to embark on Phase 2 – Modeling to determine the available volume of water in the canal system.

13. COUNTY ATTORNEY MATTERS

12:53 p.m.

A. 2015 Committees Vacancies – Appointments (memorandum dated January 13, 2015) 169-172

County Attorney Dylan Reingold reviewed the committee vacancies and qualified applicants for the designated positions, and requested the Board review the list and decide which applicants to appoint. Although the Children’s Services Advisory Committee vacancy for Members at Large was listed in the Agenda Packet, he requested the Board wait


until the February 10, 2015, Board of County Commission meeting to make an appointment. In response to Commissioner O’Bryan, Attorney Reingold disclosed that the Children’s Services Advisory Committee vacancy was brought to the Board as an “Informational Item” on January 6, 2015. ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Solari, the Board unanimously appointed John Dyer to the Economic Development Council for a 4-year term. ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Flescher, the Board unanimously appointed Chad R. Hamlin to the Enterprise Zone Development Agency for a 4-year term.

12:56 p.m.

B. Extension of Lease Agreement with Gifford Youth Activity Center, Inc. (memorandum dated January 12, 2015) 173-179

12:59 p.m.

C.

MOTION WAS MADE by Vice Chairman Solari, SECONDED by Commissioner Flescher, to approved Resolution 2015-013, approving a First Amendment to Lease Agreement with the Gifford Youth Activity Center, Inc., for County owned property known as the Gifford Youth Activity Center, Inc. Commissioner O’Bryan asked that the name on the documents reflect their new name, “Gifford Youth Achievement Center, Inc.” MOTION WAS AMENDED by Vice Chairman Solari, SECONDED by Commissioner Flescher, to approve Resolution 2015-013, approving a First Amendment to Lease Agreement with the Gifford Youth Achievement Center, Inc. (f/k/a Gifford Youth Activity Center, Inc.), for County owned property known as the Gifford Youth Achievement Center. Freddie Woolfork, 4590 57th Avenue, thanked the Board for their continued support, the Lease Extension, and for recognizing the name change. The Chairman CALLED THE QUESTION and the Motion carried unanimously. Addition - Emergency Item: Request to Appeal Final Orders Issued by the Department of Juvenile Justice (Memorandum dated January 15, 2015) Assistant County Attorney Kate Pingolt Cotner provided background on three pending administrative cases challenging the Department of Juvenile Justice’s (DJJ) implementation of the cost sharing scheme, and


the official Stipulation of Facts Agreements that Indian River County, as well as other Counties, entered into December of 2013. She said almost a year after the DJJ received jurisdiction, it issued Final Orders for the challenges, and after the County Attorney’s office received copies of the Final Orders on January 13, 2015, it was discovered that the Final Orders were flawed - they included cost-sharing calculations based on a set of administrative rules that Indian River County has been challenging in litigation. She requested the Board authorize the County Attorney’s office to file an appeal with Florida’s First District Court of Appeals for the Final Orders issued by DJJ. MOTION WAS MADE by Commissioner O’Bryan, SECONDED by Vice Chairman Solari, to authorize Indian River County to file an appeal with Florida’s First District Court of Appeals to challenge the Department of Juvenile Justice’s Final Orders for Case Number 11-0995, et al., which challenged the cost-sharing estimates for Fiscal Year 2009-2010, Case Number 11-5894 which challenged the cost-sharing estimates for Fiscal Year 2010-2011, and Case Number 13-1442, et al., which challenged the cost-sharing estimates for Fiscal Year 2011-2012. Chairman Davis asked if Indian River County would be joining the other Counties. Attorney Pingolt Cotner explained that each County is in a different situation; therefore, Indian River County would be representing itself. The Chairman CALLED THE QUESTION and the Motion carried unanimously.

14. COMMISSIONERS MATTERS

1:03 p.m.

A. Commissioner Wesley S. Davis, Chairman

Addition - Emergency Item: Venue Request from American Coalition for Property Rights and Florida Not All Aboard

Chairman Davis asked the Board to consider granting the American Coalition for Property Rights and Florida Not All Aboard’s request to use the parking lots adjacent to the Administration Building for a public event on Saturday, March 7, 2015, from 1:00 p.m. until 4:00 p.m. MOTION WAS MADE by Commissioner Flescher, SECONDED by Chairman Davis, to grant the American Coalition for Property Rights and Florida Not All Aboard’s request to use the parking lots adjacent to the Administration Building for a public event on Saturday, March 7, 2015, from 1:00 p.m. until 4:00 p.m.


Attorney Reingold mentioned that there may be additional requirements that need to be met before the groups proceed. He reminded the Board that if they grant approval to one group, they will essentially be agreeing to all groups. Vice Chairman Solari noted that the venue requested was for Saturday, not during office hours. The Chairman CALLED THE QUESTION and the Motion carried unanimously.

B. Commissioner Bob Solari, Vice Chairman

None

C. Commissioner Joseph E. Flescher

None

D. Commissioner Peter D. O’Bryan

None

E. Commissioner Tim Zorc

None



None 1:09 p.m.

B. Solid Waste Disposal District The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are available separately.


2. Amendment No. 6 to Republic Services


3. Final Pay for CDM Smith Work Order No. 8 – 2014 Annual Permit

Compliance Monitoring & Reporting (memorandum dated January 9, 2015) 185-194


4. Request to Bid on the Former Indian River Correctional Institution (memorandum dated January 12, 2015) 195-199

C. Environmental Control Board

None

16. ADJOURNMENT

There being no further business, the Chairman declared the meeting adjourned at 1:28 p.m. ATTEST:

________________________________ _______________________________

Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. Davis, Chairman Clerk of Circuit Court and Comptroller

By: _____________________________ Approved: _____________________ Deputy Clerk BCC/LA/2015Minutes

SpecialCallMeeting Page1January 28, 2015





DISTRICT

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

1. CALL TO ORDER 1:00 P.M. PAGE

2. INVOCATION Commissioner Wesley S. Davis, Chairman

3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney

4. ITEMS

1:01 p.m.

A. Discussion of the Preliminary and Tentative Findings by the Florida Auditor General concerning Florida Municipal Power Agency (Auditor General Report Dated January 21, 2015) The Indian River County Board of County Commissioners held a Special Call Meeting on January 28, 2015 at 1:00 p.m. to discuss the Preliminary and Tentative Findings (The Findings) by the Florida Auditor General in his Executive Summary concerning the Florida Municipal Power Agency (FMPA). Attorney Reingold reviewed the financial findings and questionable expenditures of the FMPA. He indicated the FMPA has thirty (30) days after receipt of the list of written statement of explanation concerning all of the findings with actual or proposed corrective actions.

1-30



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SPECIAL CALL MEETING

WEDNESDAY, JANUARY 28, 2015 - 1:00 PM


Attorney Reingold concluded the activities of the FMPA listed in the Auditor General’s findings was a serious matter that affects all citizens in the State of Florida. He wanted the Board to focus on a statewide comprehensive solution and strategy to this problem and recommended hiring a firm to assist the County in getting out this statewide message. He suggested the Board call upon the Florida Legislature to conduct hearings and he believed the Florida Public Service Commission (PSC) should have oversight of the FMPA. He mentioned State Representative Debbie Mayfield has legislation in bill drafting in regards to the PSC governing the FMPA. The Board of County Commissioners shared their concerns on the FMPA’s inconsistency, and the risks taken in excess of industry practices’ and County Administrator Baird pointed out the biggest part of FMPA’s demand charge was debt service. Discussion ensued with remarks from the Board on the FMPA’s magnitude of loss from bad decisions, interest rate swaps, salaries, and state requirements for meal and vehicle allowances. Chairman Davis opened the Public Hearing. Mr. John McCord encouraged the Board to contact their legislative delegations to make changes and was disgusted on the Auditor General’s Findings regarding FMPA’s operations. He wanted to see the City of Vero Beach (the City) seek damages on behalf of its customers and demand that its contracts with FMPA be annulled. Dr. Stephen Faherty discussed the Auditor General’s Findings and pointed out there were items that should have been picked up in a regular audit. Harry Howle, 765 Broadway Street, stated the Florida Municipal Electric Authority was another agency that needs to be audited. Pilar Turner spoke on behalf of herself and made remarks on the FMPA’s interest rate swaps. She pointed out FMPA, as part of a governmental entity, had no operational audit within 37 years of the FMPA’s history. She affirmed that FMPA’s gross mismanagement was being passed on to the ratepayers. Glenn Heran did not believe PSC control would solve the inherent inefficiencies of monies in the FMPA. He asked the Board to take some specific action in respect to promoting legislation by: 1) request auditor go back and look at the Fair Market Value of the underlining generation assets of the FMPA; and 2) amend the contracts to allow a member city to exit the FMPA through an agreement with the FMPA members or legislatively.


Clerk of Circuit Court and Comptroller Jeffrey R. Smith indicated State Representative Debbie Mayfield was a member of the Legislative Auditing Committee, and he suggested giving her the information. In addition, he expounded on the comments heard, and recommended the Board look at what Purvis Gray & Company, CPA Firm, had to say about the internal control structure of the FMPA. J. Rock Tonkel voiced it would ultimately be a judicial action or legislative solution in order to bring about the changes and accountability to the FMPA. Mark Mucher, 617 Indian Lilac Road, wanted the items that “fell through the cracks” in the audit to be readdressed. Dan Stump said it would take a judicial action, not legislative acts, to get the City and outside city electric ratepayers to become customers of Florida Power & Light. Gerard Weick, as a ratepayer, questioned the amount that FMPA spends on lobbyists, and wanted to know their names. Caroline Ginn gave a brief history on FMPA and described the structure. There were no additional speakers, and the Chairman closed the Public Hearing. Discussion ensued on the audit and how it was funded, and the FMPA Board and its membership. Attorney Reingold explained the Auditor General was given authorization to spend $200,000 for subject matter experts. MOTION WAS MADE by Vice Chairman Solari, SECONDED by Commissioner Zorc, to request the Auditor General and the Joint Legislative Auditing Committee of the Florida Legislature to use the remaining $200,000 allocated for audits from funds in the State’s Specific Appropriation 2685, General Revenue Fund to:

1. Determine the Fair Market Value of the Generation Assets. 2. Determine Fair Market Value of the Florida Municipal Power Agency

as a whole. 3. Prepare three years of pro forma financial statements from FMPA

based on the Governmental Accounting Standards Board which would include: a balance sheet, profit and loss statement, and two cash flow statements.

4. Review the Purvis Gray & Company comments regarding the Florida Municipal Power Agency’s internal policies and controls.

5. Include the Florida Municipal Electric Authority to the scope of the audit or the pro formas to be performed.


Discussion ensued by Commissioner Zorc for clarification of the motion. The Chairman recapped the motion and CALLED THE QUESTION, and the motion carried unanimously. MOTION WAS MADE by Vice Chairman Solari, SECONDED by Commissioner Zorc to:

1. Ask our Legislative Delegation to prompt the State of Florida to investigate through legislative hearings the activities of the Florida Municipal Power Agency.

2. Engage in a statewide dialogue with Utility Members of the Florida Municipal Power Agency or other interested entities on their activities.

3. Hire professional support to help with the statewide dialogue regarding the Florida Municipal Power Agency.

Under Discussion, Vice Chairman Solari stated the fact that the overall goal was the sale of the electric system to Florida Power & Light. Chairman Davis recapped the motion and County Administrator Joe Baird asked the Board to give County staff the authority to begin the process immediately. Dr. Stephen Faherty proposed including the Florida League of Cities and the Florida Association of Counties in the statewide dialogue. The Chairman CALLED THE QUESTION and the motion carried unanimously. MOTION WAS MADE by Commissioner O’Bryan, SECONDED by Commissioner Flescher, to: (1) add to the County’s Legislative Priorities, the amendment to Florida Statutes Chapter 366, Section 02, which propose the Florida Municipal Power Agency be placed under the Florida Public Service Commission’s regulation; and (2) ask County staff to research what avenue the County should proceed with in order to get the Florida Municipal Power Agency to follow many of the laws applicable to local governments including municipalities The Chairman CALLED THE QUESTION and the motion carried unanimously.


5. ADJOURNMENT

There being no further business, the Chairman declared the meeting adjourned at 3:05 p.m.

ATTEST:

________________________________ ________________________________ Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. Davis, Chairman Clerk of Circuit Court and Comptroller

By: _____________________________ Approved: _______________________ Deputy Clerk BCC Special Call /TCL/2015Minutes

Emergency Services District Page 1 December 16, 2014

BOARD OF COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

COMMISSIONERS

DISTRICT

Wesley S. Davis, Chairman District 1 Present Michael Zito, Assistant County Administrator

Present

Bob Solari, Vice Chairman District 5 Present Dylan Reingold, County Attorney Present Joseph E. Flescher District 2 Present Jeffrey R. Smith, Clerk of the Circuit Present Peter D. O’Bryan District 4 Present Court and Comptroller Tim Zorc District 3 Present Maureen Gelfo, Deputy Clerk Present

DVD TIMES

CALL TO ORDER 2:59 P.M. PACKETPAGE



2:59 p.m.

1.

Design Services Contract (Part I Agreement) with Barth Construction, Inc. for the Construction of Fire Rescue Station #14 (memorandum dated December 8, 2014) 161-176

ON MOTION by Vice Chairman Solari, SECONDED by Commissioner O’Bryan, the Board unanimously approved the Part I Agreement with Barth Construction, Inc., as reasonable compensation for the proposed work for Fire Station 14; and authorized the Chairman to execute the Agreement to allow staff to begin negotiating the construction services (Part II Agreements) costs for each Emergency Services project site.



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EMERGENCY SERVICES DISTRICT MEETING MINUTES

TUESDAY, DECEMBER 16, 2014


3:00 p.m.

2.

Approval of Pre-construction Work for Renovations on Fire Rescue Station #1 (1500 Old Dixie Highway) (memorandum dated December 5, 2014) 177-193

MOTION WAS MADE by Vice Chairman Solari, SECONDED by Commissioner Flescher, to approve the pre-construction cost for renovations on Fire Station #1 at 1500 Old Dixie Highway. John O’Connor, President, Indian River County Firefighters Association, International Association of Fire Fighters, I.A.F.F., Local 2201, elaborated on his concerns that Suspect Visible Mold (SVM) was noted in the inspection report for Fire Station #1. He stressed the need to protect the health of the employees at the stations, and was concerned that the contract up for approval today is with Barth Construction, Inc., which is not a Florida State Certified Mold Specialist. Fire Chief John King, Director of Emergency Services, assured Mr. O’Connor that the results of an air quality report showed no indoor air quality issues at Fire Station 1. A lengthy discussion ensued as Mr. O’Connor, the Board, and staff exchanged comments about the possibility that further investigation would confirm the suspicion of mold within the building, and regarding the steps that staff will undertake to make sure any necessary remediation is taken by accredited mold specialists. The Chairman CALLED THE QUESTION and the Motion carried unanimously.

3:17 p.m.

3.

Final Payment to Dato Construction Inc. for IRC Bid #2014047, Replacement of Roof at Fire Rescue Station #11 (memorandum dated December 8, 2014) 194-196

ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Solari, the Board unanimously approved the Final Payment request to Dato Construction, Inc., in the amount of $38,966.17.


3:18 p.m.

4. Work Order #3 for Fire Rescue Station #13 (4th Street and 43rd Avenue) (memorandum dated December 3, 2014) 197-202

MOTION WAS MADE by Commissioner O’Bryan, SECONDED by Chairman Davis, to approve Work Order No. 3 with Barth Construction, Inc., for future Fire Rescue Station #13 at 4th Street and 43rd Avenue. Commissioner Flescher asked for an explanation of the additional costs associated with the Design/Build Agreement Phase I with Barth Construction, Inc. Assistant Fire Chief Brian Burkeen detailed the elevation conflict that was found between the proposed water outfall structure and the existing water main along 4th Street, and confirmed that the most cost effective solution was being presented to the Board. The Chairman CALLED THE QUESTION and the Motion carried unanimously.

ADJOURNMENT

There being no further business, the Chairman declared the Emergency Services District meeting adjourned at 3:21 p.m.

ATTEST:

________________________________ ________________________________ Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. Davis, Chairman Clerk of Circuit Court and Comptroller

By: _____________________________ Approved: _______________________ BCC/MG/2014Minutes

SolidWasteDisposalJanuary6,2015 Page1

BOARD OF COMMISSIONERS



COMMISSIONERS

DISTRICT

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

PACKET PAGES

CALL TO ORDER 4:01 P.M.


B. Solid Waste Disposal District 1. Approval of Minutes – Meeting of November 18, 2014 4:01 p.m.

ON MOTION by Commissioner Flescher, SECONDED by Commissioner O’Bryan, the Board by a 4-0 vote (Commissioner Zorc absent), approved the Solid Waste Disposal Meeting minutes of November 18, 2014.

4:02 p.m.

2. Work Order No. 2 to Kessler Consulting, Inc., for Feasibility of Solid Waste Processing and Recycling Services (memorandum dated December 22, 2014) 207-213

ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Solari, the Board by a 4-0 vote (Commissioner Zorc absent), authorized staff to piggy-back Okaloosa County Contract No. C10-1781-PW, approve Work Order No. 2 with Kessler Consulting, Inc., in the amount of $50,950, to provide solid waste procurement services; and authorized the Chairman to execute same.



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MEETING MINUTES TUESDAY, JANUARY 6, 2015

SolidWasteDisposalJanuary6,2015 Page2

4:03 p.m.

3. CCNA-2014-Work Order No. 1 to Geosyntec to Provide Engineering Services for Class I Landfill Permit Renewal and Landfill Operations Support (memorandum dated December 30, 2014) 214-234

ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Solari, the Board by a 4-0 vote (Commissioner Zorc absent), approved and authorized the Chairman to execute CCNA-2014 Work Order No. 1, authorizing Geosyntec to provide engineering services for renewal permit applications and landfill operations support services, in accordance with the Scope of Work for a not to exceed budget of $180,945.

ADJOURNMENT

There being no further business, the Chairman declared the Solid Waste Disposal District meeting adjourned at 4:03 p.m. ATTEST:

________________________________ _______________________________


By: _____________________________ Approved: _____________________ Deputy Clerk

Solid Waste Disposal District Page 1 January 20, 2015

BOARD OF COMMISSIONERS


SOLID WASTE DISPOSAL DISTRICT MEETING MINUTES

COMMISSIONERS

DISTRICT

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

DVD TIMES

CALL TO ORDER 1:09 p.m.

PACKET PAGES


B. Solid Waste Disposal District 1:09 p.m.


ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Solari, the Board unanimously approved the Solid Waste Disposal District meeting minutes of December 16, 2014, as written.

1:10 p.m.

2. Amendment No. 6 to Republic Services


ON MOTION by Commissioner Flescher, SECONDED by Chairman Davis, by a 4-1 vote (Vice Chairman Solari opposed), the Board: (1) approved the Sixth Amendment to Contract Agreement with Republic Services of Florida, the landfill contract for operating the Winter Beach Customer Convenience Center (CCC), and for increasing their annual contract by $250,000; and (2) authorized the Chairman to execute same.

1:10 p.m.

3. Final Pay for CDM Smith Work Order No. 8 – 2014 Annual Permit Compliance Monitoring & Reporting (memorandum dated January 9, 2015) 185-194



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TUESDAY, JANUARY 20, 2015

Solid Waste Disposal District Page 2 January 20, 2015

ON MOTION by Commissioner O’Bryan, SECONDED by Chairman Davis, the Board unanimously approved CDM Smith’s final invoice in the amount of $2,169.70.

1:10 p.m.

4. Request to Bid on the Former Indian River Correctional Institution


The Commissioners discussed and debated staff’s memorandum regarding the former Indian River Correctional Institution property going up for sealed bid auction; the process; and whether it would be in the best interest of the County to pursue options to acquire the property. Fred Mensing suggested going to the State and requesting the property be sold to Indian River County for $1.00, or ask for it to be donated to us, since it is surplused property. Attorney DeBraal explained the rules regarding surplussed land. MOTION WAS MADE by Vice Chairman Solari, SECONDED by Commissioner Flescher, to decline the opportunity to participate in the bid process for the former Indian River Correctional Institution, and direct staff to observe the process to see if the property value changes, so a bona-fide offer could be made for what the Board believes it is worth. Discussion ensued regarding concerns of contamination; whether to obtain an environmental assessment; the property not being worth $815,000; the risk of someone purchasing the property; and there not currently being a strong need for the property. The Chairman CALLED THE QUESTION and the Motion carried unanimously.

ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 1:27 p.m. ATTEST:

_________________________________ ________________________________


By: ______________________________ Approved: ______________________ Deputy Clerk SWDD/LAA/2015 Minutes

February 17, 2015 Page 1 of 9

AMENDED IMPLEMENTATION BOARD OF COUNTY

COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA


UNOFFICIAL RECORD


DISTRICT

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

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

2. INVOCATION

Stan Boling, Community Development Director

3. PLEDGE OF ALLEGIANCE



9:03 a.m.

Addition: Emergency Item 5.A. Presentation of Proclamation Designating the Week of February 23-28, 2015 as National Invasive Species Awareness Week Addition: Emergency Item 11.A. Lobbyist for 2015 Legislative Session Deletion: Item 8.H. Authorize County Administrator to Execute the Business Associate Agreement and Confidentiality Agreement pertaining to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Move: Item 14.B.1. All Aboard Florida, to be heard in conjunction with Item10.B.1.



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TUESDAY, FEBRUARY 17, 2015 - 9:00 A.M.

EMERGENCY ADDITION TO AGENDA FEBRUARY 17, 2015

PRESENTATIONS: SA

PROCLAMATION DESIGNATING THE WEEK OF February 23-28, 2015, AS

NATIONAL INVASIVE SPECIES AWARENESS WEEK

WHEREAS, invasive aquatic, riparian and terrestrial species influence the productivity, value, and management of a broad range of land and water resources in Indian River County; and

WHEREAS, the costs to prevent, monitor and control invasive species combined with the costs to crop damage, fisheries, forests, and other resources cost the U.S. $137 billion annually; and

WHEREAS, after habitat destruction, invasive species are the second greatest threat to biodiversity; and

WHEREAS, invasive species threaten the survival of native plants and animals and interfere with ecosystem functions by changing processes like fire , nutrient flow and flooding ; and

WHEREAS, invasive species impede industry, threaten agriculture, endanger human health, and are becoming increasingly harder to control as a result of rapid global commercialization and human travel; and

WHEREAS, invasive species are a significant threat to almost half of the native species currently listed as federally endangered.

NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that February 23 through February 28, 2015 is declared to be National Invasive Species Awareness Week and hereby encourage residents to participate in National Invasive Species Awareness Week activities and events to promote knowledge and understanding of the threats posed by invasive species.

Adopted this 17th day of February, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA


Bob Solari, Vice Chairman

Peter D. O'Bryan

Joseph E. Flescher

Tim Zorc

EMERGENCY ADDITION TO AGENDA FEBRUARY 17,2015

Office efjf!wry ADMINISTRATOR MATTERS: 11A

INDIAN RIVER COUNTY ADMINISTRATOR

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

MEMORANDUM


FROM:

DATE:

SUBJECT:


February 13, 2015

Lobbyist for 2015 Legislative Session


This week staff was advised by Southern Strategies Group that they had a conflict in representation on the FMPA issue, and would no longer be able to represent Indian River County as our lobbyist.

Due to the change in circumstances, staff spoke with a number of potential lobbyists and lobbying firms to determine who would be the best advocate to represent the Board of County Commissioners on their legislative priorities.

FUNDING:

An field Consulting has agreed to represent Indian River County from February 17, 2015 through December 31, 2015 for $90,000. The agreement allows cancellation with thirty days' notice. Funding for lobbyist services was included in the BCC Office budget under the Other Professional Services Account Number 00110111-033190.

RECOMMENDATION:

Staff recommends the Board of County Commissioners enter into an agreement with Anfield Consulting for lobbying services for the term ofFebruary 17, 2015 to December 31,2015. Staff also recommends the Board authorize the County Administrator to execute the agreement with Anfleld Consulting.

APPROVED AGENDA ITEM lndian River Co

Administrator

Legal

Budget

Attachment: Agreement for Professional Services

AGREEMENT FOR PROFESSIONAL SERVICES

This contract for professional services (hereinafter referred to as "Agreement") is by and between Anfield Consulting, Inc. a privately-owned corporation registered in the State of Florida (hereinafter referred to as "AN FIELD"), and Indian River County of the State of Florida (hereinafter referred to as "CLIENT"). ANFIELD and CLIENT shall collectively be referred to as the "Parties."

(I) Services: ANFIELD shall assist CLIENT with lobbying all relevant issues before the State Legislature and the Executive Branch including all relative agencies. Specific services shall include, tracking of legislation impacting the County, drafting legislation as needed, securing sponsors for bills and amendments and passage of same. Promoting and secure appropriations for projects as requested. In addition ANFIELD shall serve as a representative and spokesperson in meetings with state, regional and local governmental entities, members of the Florida Legislature, executive and legislative branch staff, and other stakeholders in Florida.

All representations made by ANFIELD on CLIENT'S behalf shall be subject to prior approval by CLIENT'S authorized representative, Joseph A. Baird, County Administrator or his designee.

(2) Tenn and Compensation: The term of this Agreement will commence on February 17, 2015 and end December 31, 2015. CLIENT will pay ANFIELD the sum total of ninety thousand dollars ($90,000.00) to perform the services specified in Section (1) (the total sum may also be referred to as the "fee"). Fee payment shall be made as follows: a retainer in the amount of ten thousand dollars ($10,000.00) due within five ( 5) days of Agreement execution; eight (8) additional payments in the amount of ten thousand dollars ($1 0,000.00) each shall be payable monthly beginning with the following month, and upon receipt of an invoice from ANFIELD. All payments will be made by check or money order consistent with Section (3) of this Agreement.

After consultation and with prior approval from CLIENT, ANFIELD may retain the services of third parties as necessary to successfully complete all assignments from CLIENT. Unless otherwise agreed to by CLIENT any additional representation shall be included under the terms of this agreement.

The retainer and monthly fee payable to ANFIELD covers all incidental costs or fees related to services provided by subcontractors identified by ANFIELD and authorized by CLIENT for retention such as regular U.S. mail, copies, and telephone. However, ANFIELD shall be entitled to reimbursement in addition to the retainer and monthly fee for those additional expenses including but not limited to business travel, lodging, state or

Page 1 of3

local lobbying registration or renewal fees, express mail costs, costs of preparing presentation materials needed to represent the client, and similar related costs during the term of the agreement. ANFIELD will discuss such expenditures before incurring them and to receive prior authorization for said expenses from CLIENT' S authorized representative, Joseph A. Baird, County Administrator.

(3) Issuance of Payments and Notice: CLIENT shall make checks payable to ANFIELD Consulting, Inc. and send payment(s) to: 201 West Park Avenue, Suite 100, Tallahassee, FL 32301. All written notices from CLIENT to ANFIELD shall also be sent to this address.

(4) Renewal and Termination: This Agreement may be modified or extended only by a written document signed by both Parties. Conversely, either Party may terminate this Agreement prior to the date (if applicable) established in section (2) of this Agreement by providing written notice to the other Party thirty (30) days prior to the desired date of termination. CLIENT shall pay ANFIELD for any and all services and CLIENT approved expenses during the term of this Agreement up to and until the established date of termination. In the event of early termination, the final amount to be paid shall be established on a pro-rata basis based on number of business days in a calendar year. If retainer and monthly fee exceed the pro-rata amount due, ANFIELD shall remit the difference within 30 days of termination in a check or money order payable to: Baptist Health Care.

(5) Governing Law: This Agreement is executed in the State of Florida and shall be construed, interpreted, and governed by the laws of such state, and by all applicable laws of the United States of America.

(6) Confidentiality: ANFIELD acknowledges and understands that this Agreement and the services rendered to the CLIENT are confidential between the two Parties and that a violation or breach of confidentiality is cause for termination and other relief pursuant to section (5) of this Agreement.

(7) Agreement Execution: The Parties, after reviewing, reading, and understanding the contents of this document, do hereby execute this Agreement by their respective signatures. This Agreement is effective as of the date of the last signature below.

For Anfield Consulting, Inc. :

Albert Balido, Managing Member Date Executed

Page 2 of3

For Indian River County:


APPROVED AS TO FORM AND LEGAL SUFFICIENCY

BY: ----------------------------Dylan Reingold, County Attorney

Page 3 of3

Date Executed

BCC021715AP.pdf - Indian River County

Documents

Transcript of BCC021715AP.pdf - Indian River County